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20210921 City Council Agenda Packet Agenda City of Vernon Regular City Council Meeting Tuesday, September 21, 2021, 09:00 AM City Hall, Council Chamber 4305 Santa Fe Avenue Vernon, California Melissa Ybarra, Mayor William Davis, Mayor Pro Tem Leticia Lopez, Council Member Crystal Larios, Council Member Judith Merlo, Council Member MEETING ATTENDANCE PROTOCOLS Based on California Department of Public Health guidelines and in accordance with Governor Newsom's Executive Order N-29-20, City Council meetings will transition to a hybrid format that includes both in-person and Zoom public participation. Physical distancing and reduced capacity in the Council Chambers will be enforced. Masks must be worn in City Hall. The public is encouraged to view the meeting at http://www.cityofvernon.org/webinar-cc or by calling (408) 638-0968, Meeting ID 886-9958-1418#. You may submit comments to PublicComment@ci.vernon.ca.us with the subject line “September 21, 2021 City Council Meeting Public Comment Item #__.” Comments received prior to 8 a.m., Tuesday, September 21, 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 Council deliberation on those specific matters. Regular City Council Meeting Agenda September 21, 2021 Page 2 of 10 PRESENTATIONS 1. Human Resources Recognition of Retiring Employee - Victor Vasquez Recommendation: Acknowledge and present a proclamation to retiring employee Victor Vasquez, Meter Reader, Lead, in recognition of his dedicated service to the City of Vernon. 1. Proclamation - Victor Vasquez 2. Human Resources Employee Service Pin Awards for August 2021 Recommendation: No action required by City Council. This is a presentation only. 3. Finance/Treasury Presentation on Pension Obligation Bonds Recommendation: No action required by City Council. This is a presentation only. CONSENT CALENDAR All matters listed on the Consent Calendar are to be approved with one motion. Items may be removed from the Consent Calendar by any member of the Council. Those items removed will be considered immediately after the Consent Calendar. 4. City Clerk Approval of Minutes Recommendation: Approve the August 17, 2021 Regular City Council meeting minutes. 1. 20210817 City Council Minutes 5. City Clerk Claims Against the City Recommendation: Receive and file the claims submitted by Phoenix Law Firm, on behalf of Theresa Rodriquez, in the amount in excess of $25,000; and Marvin Rodas in the amount of $1,176.25. 1. Phoenix Law Firm - Theresa Rodriquez 20210831 2. M. Rodas 20210907 6. City Clerk Conflict of Interest Code (Statement of Economic Interests) Recommendation: Adopt Resolution No. 2021-29 establishing a conflict of interest code for all agencies, boards, commission, committees, designated City personnel and officials, and repealing Resolution No. 2020-33. 1. Resolution No. 2021-29 Regular City Council Meeting Agenda September 21, 2021 Page 3 of 10 7. Finance/Treasury Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 73, for the period of August 1 through September 4, 2021, totaling $20,337,916.38 and consisting of ratification of electronic payments totaling $19,695,271.53, ratification of the issuance of early checks totaling $642,644.85 and voided Check Nos. 607774 and 607834 totaling $1,028.86. 1. Operating Account Warrant Register No. 73 8. Finance/Treasury City Payroll Warrant Register Recommendation: Approve City Payroll Warrant Register No. 783, for the period of August 1 through August 31, 2021, totaling $2,442,887.19 and consisting of ratification of direct deposits, checks and taxes totaling $1,629,586.75 and ratification of checks and electronic fund transfers (EFT) for payroll related disbursements totaling $813,300.44 paid through operating bank account. 1. City Payroll Account Warrant Register No. 783 9. Fire Department Fire Department Activity Report Recommendation: Receive and file the July 2021 Fire Department Activity Report. 1. Fire Department Activity Report - July 2021 10. Police Department Police Department Activity Report Recommendation: Receive and file the July 2021 Police Department Activity Report. 1. Police Department Activity Report - July 2021 11. Public Works Public Works Department Monthly Report Recommendation: Receive and file the July 2021 Building Report. 1. Public Works Department July 2021 Building Report 12. Public Works City Housing Quarterly Report Recommendation: Receive and file the September 2021 City Housing Quarterly Report. 1. September 2021 Quarterly Housing Report Regular City Council Meeting Agenda September 21, 2021 Page 4 of 10 13. Public Utilities Acceptance of Electrical Easement at 2638 East Vernon Avenue (APN 6308-005-015) Recommendation: A. Find that the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review under CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment; accepting a utility easement does not have the potential for significant effect on the environment, and therefore is exempt from CEQA; and B. Accept the Electrical Easement and authorize the Mayor to execute the Certificate of Acceptance. 1. Electrical Easement and Certificate of Acceptance - 2638 Vernon Avenue 14. Public Works Award of City Contract No. CS-1349 Americans with Disabilities (ADA) Improvements at the Intersection of Pacific Blvd./ Vernon Ave. and Santa Fe Ave. Recommendation: A. Find that the proposed action is categorically exempt under the California Environmentally Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (Existing Facilities), part (c) (existing highways, streets and sidewalks), because the project consists of the maintenance, repair, or minor alteration of existing streets for ADA improvements and involves no expansion of an existing use; B. Accept the bid proposal from EBS General Engineering, Inc., as the lowest responsive and responsible bidder for the ADA Improvements at the Intersection of Pacific Blvd./Vernon Ave. and Santa Fe Ave. project and reject all other bids; C. Approve and authorize the City Administrator to execute Contract No. CS-1349 in the amount of $90,281 for the ADA Improvements Project at Pacific Blvd./Vernon Ave. and Santa Fe Ave. project, in substantially the same form as submitted, for a period not to exceed 30 calendar days; and D. Authorize a contingency of $15,000 in the event of an unexpected changed condition in the project and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount if necessary. 1. Contract No. CS-1349 - ADA Improvements at Pacific Blvd./Vernon Ave. and Santa Fe Ave. 15. Public Works Agreement with Cintas Uniform Rental Services (Cintas) Recommendation: Approve and authorize the City Administrator to execute a three-year Facilities Solutions Agreement with Cintas, in substantially the same form as submitted, for an amount not to exceed $50,000. 1. OMNIA Cintas Facilities Solutions Agreement Regular City Council Meeting Agenda September 21, 2021 Page 5 of 10 16. Public Works Acceptance of Work of Siemens Mobility Inc. for the Traffic Signal Maintenance FY 2018 Project (Contract No. CS-0915) Recommendation: A. Affirm that this project was previously evaluated for environmental impacts and found to be categorically exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15301, because this project only consisted of maintenance and repair of the City’s traffic signals and did not involve any expansion of existing facilities; and B. Accept the work of Siemens Mobility, Inc. as part of the Traffic Signal Maintenance FY 2018 Project, Contract No. CS-0915, and authorize staff to submit for recordation a Notice of Completion for the project. 1. Notice of Completion CS-0915 17. Public Works Tentative Parcel Map No. 83466 for Torrance Logistics Company, LLC Located at 2709 East 37th Street Recommendation: A. Find that the proposed action is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15315, Class 15 “Minor land division of industrial property into four or fewer parcels,” of the CEQA guidelines, because the proposed division of property is in an area zoned Industrial, it is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. Therefore, a Notice of Exemption will be filed with the County Clerk’s office; and B. Adopt Resolution No. 2021-30 granting Tentative Parcel Map No. 83466 to Torrance Logistics Company, LLC to subdivide the parcel located at 2709 East 37th Street. 1. Resolution No. 2021-30 18. Public Works Amendment No. 1 to Measure R Funding Agreement for the Atlantic Boulevard Bridge Rehabilitation and Widening Project between City of Vernon and The Los Angeles County Metropolitan Transportation Authority Recommendation: A. Find that the approval of the proposed Amendment to Measure R Funding Agreement is consistent with the initial Study/Mitigated Negative Declaration prepared for this project by the City of Vernon pursuant to the provisions under the California Environmental Quality Act (CEQA) in accordance with Section 15063; and B. Approve and authorize the Mayor to execute Amendment No. 1 to the Measure R Funding Agreement in substantially the same form as submitted. 1. Amendment No. 1 to Measure R Funding Agreement Regular City Council Meeting Agenda September 21, 2021 Page 6 of 10 19. Public Works Agreement between the Cities of Maywood and Vernon for Traffic Signal Maintenance at the Intersection of Downey Road and Slauson/Malburg Way Recommendation: A. Find that the proposed action is categorically exempt under the California Environmentally Quality Act (“CEQA”) review in accordance with CEQA Guidelines Section 15301, because the project consists of the maintenance, repair or minor alteration of existing facilities and involves negligible or no expansion of an existing use; and B. Approve and authorize the Mayor to execute the Agreement between the Representative Cities of Maywood and Vernon for Traffic Signal Maintenance, in substantially the same form as submitted, for a term of five years. 1. Agreement between Maywood and Vernon for Traffic Signal Maintenance 20. Public Utilities North American Energy Standards Board (NAESB) Base Contract for Sale and Purchase of Natural Gas Recommendation: Approve and authorize the City Administrator to execute NAESB Contracts with (1) Citadel Energy Marketing LLC, (2) DTE Energy Trading, and (3) Twin Eagle Resource Management, LLC., in substantially the same form as submitted, for the purpose of buying and selling natural gas as needs dictate and in compliance with the general terms established in the contracts. 1. Citadel Energy Marketing LLC Contract 2. DTE Energy Trading Contract 3. Twin Eagle Resource Management, LLC. Contract 21. Public Utilities 2020 Power Source Disclosure Program Annual Report and Power Content Label Recommendation: A. Ratify the submission to the California Energy Commission (CEC) of the attestation signed by Vernon Public Utilities’ General Manager, of the veracity of the 2020 Power Source Disclosure Program Annual Report; and B. Approve the 2020 Power Content Label and authorize its submission to the CEC. 1. 2020 Power Source Disclosure Program Annual Report 2. 2020 Power Content Label 22. Human Resources Peace Officer Standards and Training (POST) Entry-Level Law Enforcement Test Battery Security Agreement Recommendation: Approve and authorize the Director of Human Resources to execute a one-year Security Agreement with the California Commission on POST, in substantially the same form as submitted, in order to acquire the right to use the POST Entry-Level Law Enforcement Test Battery (PELLETB). 1. POST Entry-Level Law Enforcement Test Battery Security Agreement Regular City Council Meeting Agenda September 21, 2021 Page 7 of 10 23. Human Resources Services Agreement with Alliant Insurance Services, Inc. Recommendation: Approve and authorize the City Administrator to execute a three-year services agreement with Alliant Insurance Services, Inc. (Alliant), in substantially the same form as submitted, to perform professional Health Benefits Brokerage and Consulting Services, effective October 1, 2021 through September 30, 2024, for a total not to exceed $222,000 ($74,000 per year) over the three-year term. 1. Alliant Insurance Services, Inc. Services Agreement 24. Finance/Treasury Application for Funding and Agreement of Community Development Block Grant Program - Coronavirus Response Round 2 and 3 (CDBG-CV2 and CV3) Allocation Recommendation: Adopt Resolution No. 2021-31 approving an application for funding and the execution of a grant agreement and any amendments thereto from the 2020 Community Development Block Grant Program - Coronavirus Response Round 2 and 3 notice of funds available dated December 18, 2020 to cover most of costs incurred in the AltaMed Services for COVID-19 Screening and Testing Grant. 1. Resolution No. 2021-31 2. CDBG-CV2 and CV3 Allocations 3. CDBG-CV2 and CV3 Application 25. Police Department Drug Enforcement Administration Agreement Recommendation: Approve and authorize the City Administrator to execute a Surge Program - Funded State and Local Task Force Agreement with the Drug Enforcement Administration (DEA), Los Angeles Field Division, in substantially the same form as submitted, for continued participation in the Southwest Border Initiative (SWBI) taskforce with an effective date of October 1, 2021. 1. 2021 Surge Program Agreement with DEA 26. Police Department Police Department Vehicle Purchase Recommendation: Approve and authorize the issuance of a purchase order to Wondries Fleet Group/National Auto Fleet Group for a 2022 Chevrolet Traverse through the Sourcewell Master Vehicle Contract (120716-NAF) for approximately $43,071.41 to replace one administrative vehicle in the Police Department fleet. 1. VPD Admin Vehicle Quote (22' Chevy Traverse) Regular City Council Meeting Agenda September 21, 2021 Page 8 of 10 27. Police Department Office of Traffic Safety Selective Traffic Enforcement Program (STEP) Grant Agreement Recommendation: Approve and authorize the City Administrator, Police Chief, and Police Sergeant to execute an agreement between the City of Vernon and the Office of Traffic Safety, in substantially the same form as submitted, for a one (1) year term, for participation in the Selective Traffic Enforcement Program (STEP) with an effective date of October 1, 2021. 1. Office of Traffic Safety STEP Grant Agreement 28. City Attorney Regulation of Commercial Cannabis Businesses in the City of Vernon Recommendation: Approve an indefinite hold on further action regarding regulation of commercial cannabis businesses. NEW BUSINESS 29. Public Works Contract Award for City Contract No. CS-1345: City Hall Basement Cooling System Update Recommendation: A. Find that approval of the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15301, because the project consists of the restoration or rehabilitation of deteriorated existing equipment and involves negligible or no expansion of an existing use; B. Accept the bid proposal from Western Allied Corporation, as the lowest responsive and responsible bidder for the City Hall Basement Cooling System Update and reject all other bids; C. Approve and authorize the City Administrator to execute Contract No. CS-1345 in the amount of $275,200 for the City Hall Basement Cooling System Update Project, in substantially the same form as submitted, for a period not to exceed 180 calendar days; and D. Authorize a contingency amount of $15,000 in the event of an unexpected changed condition 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. Contract No. CS-1345 - City Hall Basement Cooling System Update Regular City Council Meeting Agenda September 21, 2021 Page 9 of 10 30. Public Works Amendment to Vernon Municipal Code Chapter 22 to Regulate Sidewalk Vendors Recommendation: A. Find that the proposed action is categorically exempt under the California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15061(b)(3), because there is no possibility that regulation of sidewalk vending will have a significant effect on the environment; B. Waive full reading and introduce and conduct first reading of Ordinance No. 1276 adding Article X to Chapter 22 of the Municipal Code regulating sidewalk vending; and C. Direct staff to schedule second reading and adoption for the October 5, 2021 City Council meeting. 1. Ordinance No. 1276 31. Public Utilities Services Agreement with Port Canaveral Power Consultants, Inc., for Technical Consulting Services Regarding Electrical Generation Recommendation: Approve and authorize the City Administrator to execute a Services Agreement with Port Canaveral Power Consultants, Inc. (Port Canaveral), in substantially the same form as submitted, for a three-year term in an amount not-to-exceed $786,000 effective September 21, 2021, to provide technical advice and recommendations for all matters involving and related to electrical generation. 1. Services Agreement with Port Canaveral Power Consultants Inc. 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 16th day of September, 2021. By: _________/sd/_________________________ Sandra Dolson, Administrative Secretary Regular City Council Meeting Agenda September 21, 2021 Page 10 of 10 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 public 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-725-2021 Submitted by: Lisette Grizzelle Submitting Department: Human Resources Meeting Date: September 21, 2021 SUBJECT Recognition of Retiring Employee - Victor Vasquez Recommendation: Acknowledge and present a proclamation to retiring employee Victor Vasquez, Meter Reader, Lead, in recognition of his dedicated service to the City of Vernon. Background: Historically, the City Council has issued proclamations in honor of retiring City Employees. Hired in January 1991 as a Meter Reader, and serving as Meter Reader, Lead since February 2007, Victor Vasquez will retire from the City on September 30, after serving the City and its patrons over thirty years. Among his career accomplishments, Mr. Vasquez has played a vital role in gathering customer consumption data, facilitating the process of revenue collection to enable Utility services to execute accurate and prompt invoicing, and providing outstanding customer service to Vernon residents and businesses alike. In addition, Mr. Vasquez has been a source of knowledge, stability, and dependability in the Water Division, working alongside both the Public Works and Public Utilities Departments. Meter Reading is characterized as an essential Utility activity, as it is the foundational activity of the customer service billing process. During the COVID-19 pandemic, Mr. Vasquez exhibited his steadfast dedication and work ethic, attending to these essential duties in the field during the most trying circumstances. Mr. Vasquez played an integral part in the City's ability to maintain continuity of normal operations and its ability to deliver uninterrupted services to the many Vernon businesses that provide essential goods and services to the region and beyond. The City recognizes Mr. Vasquez for his inspirational service during these challenging times and for his exemplary service throughout his distinguished career. The City commends and thanks Mr. Vasquez for his continued commitment and longevity in the care and support of both the Water Division and Customer Services Division of the Public Utilities Department. During his notable career with the City, Mr. Vasquez has earned the deepest respect of his colleagues through his leadership and commitment to the Public Works and Public Utilities Departments. Victor Vasquez was hired on January 10, 1991 and meets the eligibility requirements under CalPERS to retire from the City of Vernon effective September 30, 2021. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Proclamation - Victor Vasquez A PROC TION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON COMMENDING VICTOR UASQUEz FOR HIS YEARS OF SERVICE TO THE CITY OF VERNON I~HEK.EAS, Victor T~asque~ has been employed by the City of Vernon since f anuary 7 0, 7 99 7, and has faithfully served the City of Tlernon for over 30 years; and I~HEKEAS, Victor Vasgueti mill retire from the City of Vernon ~ective September 30, 2027, as the Meter Kea~er, Lead, for the Public Utilities Department; and I-VHEKEAS, during the course of his employment with the City of Vernon, Victor T~asque~ held the positions of Meter Keader e~ectzve January 7 0, 7 99 7, and Meter Keader, Lead effective February 7 8, 2007; and I-VHEKEAS, Victor Vasqueti has played a vital role in gathering customer consumption data, facilitating the process of revenue collection to enable Utility services to execute accurate and prompt invoicing, an~'~roviding outstanding custoyner service to Vernon residents and businesses alike; and 1~VHEKEAS, Victor Vasquez has been a source of knowledge, stability, and dependability as a fixture in the I,Ylater Division, working alongside both the Public I-Ylorks and Public Utilities Departments; and I~VHE KEAS, disring the CO VID- 7 9 pandemic, Victor Vasquez exhibited a steadfast dedication and ~or~ ethic in the field, and played an integral part in the City's ability to maintain continuity of normal operatzons and its ability to deliver uninterrupted services to the many Vernon businesses that provide essential goods and services regionally and beyond; and I~HEKEAS, during his distinguished career with the City of Vernon, Victor T~asgue~ has zvon the deepest respect of his colleagues through his leadership and his ynany contributions to the City; and I~HEKEAS, it is an honor to express our appreciation to Victor T~asgue1 for his exemplary service to the City of Tlernon and wish Victorgood health ztpon his retirement and for continued success in life's pursuits. NO Imo, THEAEFOKE, THE MAYOI~..A.i~TD THE CITY CO UNCIL OF THE CITY OF VEKI~rO1~T, ON BEHALF OF ITS EMPLOYEES, RESIDENTS .A~TD B USINESSES HEKEBY CO~li1MEND AND T~~.A~TK VICTOK VASOUEZ FOK HIS 1~~~1NY YEAKS OF SEK.VICE TO THE CITY. THIS PK.00L.~~,VIATION IS BEI.~TG PKESENTED TO VICTOK VASOUEZ BY THE HONOKABLE MAYOK MELISSA YBAKAA FOK AND O~VT BEHALF OF THE CITY CO UI~TCIL OF THE CITY OF VEKNON THIS 2 SST DAY OF SEPTEMBEK TGY~O THO US.AI~TD ADD TT~E~TTY O~VE. CITY OF VEKNOI~T By: MELISSA YBAI~KA, Mayor City Council Agenda Item Report Agenda Item No. COV-774-2021 Submitted by: Denise Palomares Submitting Department: Human Resources Meeting Date: September 21, 2021 SUBJECT Employee Service Pin Awards for August 2021 Recommendation: No action required by City Council. This is a presentation only. Background: The following employees are eligible to receive their service pin based on the number of service years with the City of Vernon. 5 YEARS OF SERVICE Alexis Hwang, Senior Administrative Assistant, Hired August 2016 Patrick W. Cam, Police Officer, Hired August 2016 Fiscal Impact: There is no fiscal impact associated with this report. Attachments: City Council Agenda Item Report Agenda Item No. COV-771-2021 Submitted by: Angela Melgar Submitting Department: Finance/Treasury Meeting Date: September 21, 2021 SUBJECT Presentation on Pension Obligation Bonds Recommendation: No action required by City Council. This is a presentation only. Background: Pension costs have historically been one of the largest sources of expenditures for local government; furthermore, after the 2008 Great Recession, CalPERS experienced substantial losses in its portfolio’s value and implemented several reforms that have contributed to increased costs to the City to address the unfunded liability. In an effort to address these pension related costs, staff is actively engaged in identifying options that best serve the City’s needs and obligations long-term. As such, on June 22, 2021, the City of Vernon entered into a licensing agreement with GovInvest (a pension, Other Post-Employment Benefits (OPEB), and labor Software-as-a-Service solution and consulting firm) for use of their proprietary Pension Obligation Bond Module and related services included in the software agreement to: 1) Analyze the benefits and risks associated with issuing bonds to refinance pension and OPEB debt; and, 2) Help develop alternative funding approaches for current and future pension and OPEB debt and analyze the benefits and risks associated with each of the approaches. GovInvest will present its findings to Council, focusing on the potential savings, risks, and benefits of issuing Pension Obligation Bonds. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: City Council Agenda Item Report Agenda Item No. COV-751-2021 Submitted by: Sandra Dolson Submitting Department: City Clerk Meeting Date: September 21, 2021 SUBJECT Approval of Minutes Recommendation: Approve the August 17, 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. 20210817 City Council Minutes MINUTES VERNON CITY COUNCIL REGULAR MEETING TUESDAY, AUGUST 17, 2021 COUNCIL CHAMBER, 4305 SANTA FE AVENUE CALL TO ORDER Mayor Ybarra called the meeting to order at 9:03 a.m. FLAG SALUTE Mayor Ybarra led the Flag Salute. ROLL CALL PRESENT:Melissa Ybarra, Mayor William Davis, Mayor Pro Tem Leticia Lopez, Council Member Crystal Larios, Council Member Judith Merlo, Council Member STAFF PRESENT: Carlos Fandino, City Administrator Zaynah Moussa, Interim City Attorney Lisa Pope, City Clerk Scott Williams, Finance Director Abraham Alemu, Public Utilities General Manager Michael Earl, Human Resources Director Fredrick Agyin, Health and Environmental Control Director Robert Sousa, Police Chief Dan Wall, Public Works Director APPROVAL OF THE AGENDA City Clerk Pope announced that Item 4 was being tabled. MOTION Council Member Lopez moved and Council Member Larios seconded a motion to approve the agenda with Item 4 tabled. The question was called and the motion carried unanimously. PUBLIC COMMENT None. Regular City Council Meeting Minutes Page 2 of 5 August 17, 2021 PRESENTATIONS 1.Proclamation Recognizing the Grand Opening of the Southern California Curling Center in Vernon Recommendation: Acknowledge and present a proclamation in recognition of the Grand Opening of the Southern California Curling Center. City Clerk Pope read the proclamation. 2.Human Resources Recognition of Retired Employee - Adam A. Alvarez, Street Maintenance Worker, Lead Recommendation: Acknowledge and present a proclamation to retired employee Adam A. Alvarez, Street Maintenance Worker, Lead, in recognition of his dedicated service to the City of Vernon. City Clerk Pope read the proclamation. 3.Employee Service Pin Awards for July 2021 Recommendation: No action required by City Council. This is a presentation only. Human Resources Director Earl acknowledged Ernesto A. Smith, Information Technology Manager and Rodolfo J. Perez, Meter Reader as recipients of the Employee Service Pin Awards for July 2021. 4.Presentation on Pension Obligation Bonds Recommendation: No action required by City Council. This is a presentation only. This item was tabled upon approval of the agenda. 5.Presentation on the Temporary Shutdown of Closure Work at the Former Exide Facility Recommendation: No action required by City Council. This is a presentation only. Health and Environmental Control Director Agyin introduced the item and Roberto Puga, presented a PowerPoint on the temporary shutdown of closure work at the former Exide Facility. CONSENT CALENDAR MOTION Council Member Lopez moved and Mayor Pro Tem Davis 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: 6.Approval of Minutes Recommendation: Approve the August 3, 2021 Regular City Council meeting minutes. Regular City Council Meeting Minutes Page 3 of 5 August 17, 2021 7.Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 72, for the period of July 18 through July 31, 2021, totaling $10,502,986.03 and consisting of ratification of electronic payments totaling $10,292,563.14 and ratification of the issuance of early checks totaling $210,422.89. 8.City Payroll Warrant Register Recommendation: Approve City Payroll Warrant Register No. 782, for the period of July 1 through July 31, 2021, totaling $3,479,026.87 and consisting of ratification of direct deposits, checks and taxes totaling $2,455,263.52 and ratification of checks and electronic fund transfers (EFT) for payroll related disbursements totaling $1,023,763.35 paid through operating bank account. 9.Fire Department Activity Report Recommendation: Receive and file the June 2021 Fire Department Activity Report. 10.Police Department Activity Report Recommendation: Receive and file the June 2021 Police Department Activity Report. 11.Amendment No. 2 to the Services Agreement with Southeast Area Animal Control Authority (SEAACA) Recommendation: Approve and authorize the Mayor to execute Amendment No. 2 to the Services Agreement with SEAACA for animal control services to update the schedule of fees effective July 1, 2021. 12.Public Works Department Vehicle Purchase Recommendation: Approve the purchase of two (2) new 2022 Chevrolet Silverado 2500HD 4WD Crew Cab Work Trucks through National Auto Fleet Group, for a total cost of $91,334.02. 13.Blanket Purchase Contract with The Home Depot Recommendation: A. Find that the best interests of the City are served by a direct award of a blanket Purchase Oder to The Home Depot without a competitive selection process pursuant to Vernon Municipal Code (VMC) Section 2.17.12 (b)(2); and B. Approve the issuance of a blanket Purchase Order with The Home Depot in an amount not-to-exceed $150,000 to procure supplies for Public Works and VPU for operational needs and special projects for Fiscal Year 2021-22. NEW BUSINESS 14.2021 League of California Cities Annual Conference Representatives Recommendation: Designate the City's voting delegate and alternate voting delegate(s) for the League of California Cities 2021 Annual Conference and Expo scheduled for September 22-24, 2021. City Clerk Pope presented the staff report. No action was taken. The matter will be brought back to Council if a Council Member plans to attend. Regular City Council Meeting Minutes Page 4 of 5 August 17, 2021 15.City Council Appointments to Outside Agencies Recommendation: Appoint a member to the Los Angeles County Vector Control District Board of Trustees for the term ending January 5, 2023. City Clerk Pope presented the staff report. MOTION Mayor Ybarra moved and Mayor Pro Tem Davis seconded a motion to appoint Council Member Lopez as a member to the Los Angeles County Vector Control District Board of Trustees for the term ending January 5, 2023. The question was called and the motion carried unanimously. 16.Purchase of Electric and/or Hybrid Vehicles for City Departments Recommendation: A. Approve the purchase of three (3) electric vehicles to replace the existing Department of Health and Environmental Control (DHEC) fleet vehicles, and approve the purchase of one (1) additional electric vehicle to serve as the City designated vehicle for the Director of DHEC for a total cost not to exceed $153,571; B. Authorize a 10% contingency amount of $15,357 in the event that it is necessary for the DHEC to secure similar vehicles from alternate dealers should the vehicles quoted no longer be available for sale; and C. Authorize the purchase of one (1) plug-in hybrid vehicle to replace the existing vehicle designated for City Council use at a not-to-exceed amount of $45,000 from a dealer offering a competitive price. Health and Environmental Control Director Agyin presented the staff report. In response to Council questions, Health and Environmental Control Director Agyin discussed the need to replace existing vehicles and total proposed for purchase. City Administrator Fandino stated the Council vehicle purchase could be deferred. MOTION Council Member Lopez moved and Mayor Pro Tem Davis seconded a motion to: A. Approve the purchase of three (3) electric vehicles to replace the existing Department of Health and Environmental Control (DHEC) fleet vehicles, and approve the purchase of one (1) additional electric vehicle to serve as the City designated vehicle for the Director of DHEC for a total cost not to exceed $153,571; and B. Authorize a 10% contingency amount of $15,357 in the event that it is necessary for the DHEC to secure similar vehicles from alternate dealers should the vehicles quoted no longer be available for sale. The question was called and the motion carried unanimously. ORAL REPORTS City Administrator Reports on Activities and other Announcements. City Administrator Fandino announced the Southern California Curling Center Grand opening; City’s application for the Los Angeles Economic Development Corporation (LAEDC) “2021 Most Business-Friendly City in LA County During and In Response to COVID-19 Award”; and Vernon Elementary start of school year on August 16, 2021. Regular City Council Meeting Minutes Page 5 of 5 August 17, 2021 City Council Reports on Activities (including AB1234), Announcements, or Directives to Staff. None. RECESS Mayor Ybarra recessed the meeting to Closed Session at 9:42 a.m. CLOSED SESSION 17.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9(d)(1) Jerry Chavez v. City of Vernon Los Angeles Superior Court Case No. BC719460 18.PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957(b)(1) Title: City Administrator RECONVENE At 11:40 a.m., Mayor Ybarra adjourned Closed Session and reconvened the regular meeting. CLOSED SESSION REPORT Interim City Attorney Moussa reported that the Council, with all five members present, met in Closed Session, and discussed the items on the agenda, and took no reportable action. ADJOURNMENT Mayor Ybarra adjourned the meeting at 11:41 a.m. ______________________________ MELISSA YBARRA, Mayor ATTEST: _____________________________________ LISA POPE, City Clerk (seal) City Council Agenda Item Report Agenda Item No. COV-777-2021 Submitted by: Sandra Dolson Submitting Department: City Clerk Meeting Date: September 21, 2021 SUBJECT Claims Against the City Recommendation: Receive and file the claims submitted by Phoenix Law Firm, on behalf of Theresa Rodriquez, in the amount in excess of $25,000; and Marvin Rodas in the amount of $1,176.25. Background: On August 31, 2021 and September 7, 2021, the City received the following claims: Name of Claimant Amount Demanded Phoenix Law Firm, on behalf of Theresa Rodriquez In Excess of $25,000 Marvin Rodas $1,176.25 Pursuant to Municipal Code Section 2.11-1, the above information is listed on the City Council agenda as soon after filing of the claim with the City as practical. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Phoenix Law Firm - Theresa Rodriquez 20210831 2. M. Rodas 20210907 PHOENIX LAW FIRM, Professionot Corporotion PHOENIXLAWPC.COMIIa6O WOODWAIO BIVD. PASADENA, CA tllOT I PHONE: (a26) 345-1625 . tAX: (62a) 365-t6ta RECEIVED AUG 3l 202t CIilCLIRK'S OFFICEArgast21,2Al CIryOFVERNON 4305 South Santa Fe Avenue Vemon, CA 90058 Re Our Client: Date of Incident: THERESA RODRIQUEZ 04t22t2021 Dear Sir or Madam: This office is now represents the above-named individual in connection with the above-referenced matter. The pertinent facts in our possession strongly indicate that the cause of this incident was due to the negligence and carelessness ofyour employees, and maintenance and unsafe condition of the pranise; thereof, our client suffered severe injuries. A claim for damages is hereby presented for injuries arising out ofthis incident. I have a lien on my client's cause of action and any rccovery thereunder, and you are hereby placed on notice that my name must be added as payee on any and all benefit payments concerning this matter. We hereby request that you provide our office with a written confirmation as to the qpes of coverage, policy limits, and the date ofissuance of the above-referenced policy. DO NOT DESTROY. TAPE O\'ER OR ALTER THE TAPE IN AIYYWAY. PI.E.{SE PRESERVE A MINIMUM OF THREE IIOTJRS BEFORE THE FALL AND ONE HOUR AFTERTHE FALL. We hereby request that you provide this office with the name and address of your insurance carrier, the policy number, and the name of the insured. Additionally, please complete the attached form and promptly retum it to this office immediately. If we do not receive a response from you within (10) days from the date of this letter, we will be forced to fail a lawsuit against your store, and vigorously commence said action. Page I I PHOENIX LAW FIRM, Proressionot corporotion PHOENIXTAWPC,COMlaa6O WOODWARD B[VD. ?ASADENA, CA tllOT I PHONE: (626) 365-1625 . fAX: (626) 365-rarir Your prompt reply to our request will be appreciated. Sincerely,q ..r a-X.^^- /.- ALAN F. GINDLER ATTORNEYATLAW AIG/cc Enclosures (da Claim for Damages) Page | 2 City of Vernon 4305 S Santa Fe Ave, Vernon, CA 90058 CLAIM FOR DAMAGES Claimant's name: Teresa Aguilar Rodriguez Telephone: Address of Sender. Phoenix Law Firm 850 Woodward Blvd, Pasadena, CA 91107- 626-365-1625 Date of lncidentl. April22,2O2I Time: Between 4-6 pm Location of lncident: Street and Drive- way entrance: 3130 S. Boyle Avenue, Huntington Park, CA 90255 near Slauson Distribution Center Circumstances of the Occurrence which gave rise to the claim: Page I I 9. Claimant, Theresa Rodriquez 47 (D.B on her motor scooter, was turning right unto the driveway of the location, when hazardous, dangerous condition of the driveway/street and Iift apron caused her to collide with the condition and fall of the motor scooter, causing serious injuries. The property created a substantial risk of injury, as claimant was using the property with due care in a manner that was reasonably foreseeable that it will be used. The dangerous condition of the property was in damaged and deteriorated condition, latent and external derangement and alignment, gaps in roadway, depression, cuts, uneven, design defect, high elevation, defective and irregular surface, creates a trap for motorists, as it does not present a customary, ramp like assist for the motor vehicles, but induces with its rises, valleys hurdles, and obstacles, a catch of the scooters tires, that would result in the driver being sprung from the scooter. There was no warning signs present, insufficient lighting in the area, and no safeguards, or safety measures, present to protect motorists. Public entities, and their employees and agents so carelessly, negligently, unlawfully owned, operated, controlled, entrusted, managed, maintained, and supervised its property in reckless, careless, and harmful manners so as to the proximately cause Claimant to suffer severe injuries and property damage. The Public entity had actual or constructive notice of the defects, and an appropriate amount of time, and complaints to repair the defects before this incident. Dangerous condition involved a design defect, or maintenance management operation of a dangerous condition. Reasonable periodic inspections or inspection system would have discovered, disclosed and corrected the dangerous condition or Public entity failed to have such a system, or operate its inspection system with due care. The dangerous condition was a substantial factor in causing claimants injuries. Claimant reserve the right to amend and/or supplement further response upon further discoveries and investigation and through city's resources. lndebtedness, obligation, injuries, damages, or loss incurred, so far known at this time. Claimant suffered personal injuries including but limited to nasal fracture, facial fractures with mandibular fracture; right wrist pain, neck pain, lower back pain, other body pain, fractured and avulsed teeth, head trauma, headaches, mental and emotional anxieties, general compensatory damages: pain and suffering, special damages, of medical expenses, loss of earnings and earning capacity, past, present and future. Claimant reserve right to supplement any other injuries at a later time. The amount of damages are undetermined at this time. Name of Public employee (s! causing injury damage or loss Unknown as we are early on in this investigation, with the incident just recently occurring. The amount claimed, including estimated amount of any prospective injury, damage or loss, together with computation of such amount. The a mou nt of dama8es a re u ndetermined at this time. Claimant's demand exceeds 5 25,000.00. Unlimited civil case. Names and Addresses of witnesses, doctors, hospitals. USC Medical Center in Los Angeles, CA; Spine Care & Orthopedic Physicians:8610 S. Sepulveda Blvd., Los Angeles, CA 90045; Claimant is still under medical attention. Claimant is still under medical attention. Witness information is unknown at this time but Claimant reserves the right to amend and or supplement new information at a later time. Page l2 I declare, under penalty of perjury that the foregoing, including any attachments, is true and correct Dated: 8/2012021 SIGNATURE: Attorney Representing Claimant, Theresa Rodriquez JEFFREY SHANE, PHOENIX LAW FIRM 850 Woodward Blvd., Pasadena, CA 91107 Tel: (626) 365-1625 Fax (626) 365-1614 Email: Central@phoenixlawpc.com Page | 3 CLAIM FOR DAMAGES TO PERSON OR PROPERTY INSTRUCTIONS 1 . Claims for death, injury to person or to personal property must be filed not later than six (6) months after lhe occurrence. (Gov. Code Sec.9112)2. Claims for damages to realproperty must be filed not laterthan one (1) year affer the occurrence. (Gov. Code Sec.g1 1.2) RESERVE FOR FILING STAMP CLAIM No. RE , --.'ED 3. 4. 5. 6 7. Read entire claim before filing. See page 2 for diagram uponwhich to locate place of accident This claim form must be signed on page 2 at bottom. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEE CIIY CLERl(.S uriiIIClaim must be filed with City Clerk. (Gov.Code Sec. 915a) TO: CITY OF VERNON CITY COUNCIL Name tm ant o ma n person MABVIN BODAS Home Address Claimant an ome e one u er Business Address of Claimant ity and usiness Telephone Number Give address to which you desire notices or communications to be sent regarding this claim lf possible, email: Mail to How did DAMAGE or INJURY occur? Give full particulars. As I drove on the #2 lane heading WB on Washington Blvd., approaching Downey Hd., the right rear tire of my vehicle struck a pothole, causing damage to my tire, wheel and most unfortunate, atfecting the right rear shock assembly, right rear leaf spring bracket. Damages are supported by documentation provided by dealership. Uvhen did DAMAGE or INJURY occur? Give full particulars, date, time of day, etc. August 6, 2021 at approximately 6:00 am. Vvhere did DAMAGE or INJURY occun Describe fully, and locate on diagram on reverse side ofthis sheet. where approximate, give street names and address and measurements from landmarks: #2 lane of WB Washington Blvd., approaching Downey Rd., directly under the Srd and last overpass. There are signs of patching by PW within view of pothole in question. Vvhat particularACT or OMISSION doyou claim causedthe injury ordamage? Givenamesof Cityemployees, if any, causingthe injury or damage, if known: Pothole in question sits within Vernon, confirmed by the PW employee when calling in to report pothole. PW employee appeared to be familiar Mportion o{ street due to history of potholes. lt is negligent that PW crews patched a small area directly across from this pothole. What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed: Damage to my passenger side rear tire, wheel and right rear shock assembly and leaf spring bracket. Photos of damage are attached. Repairs total $1.176.25. VWIatAMOUNTdo you claimof each item of iniury ordamage asof date of presentation ofthisclaim, giving basisof SEP (, 56 computation: $1 ,176.25, estimate of repairs attached. trnancral stab,(,\ 4{ea{ l'-1 iovlrt has a({icid tN1 afforA fl?tltY< Qtr<se ?Vry l,$gl. otnr( c ^nnctt I ffinyou chim on accountof each item of prospective injury oroamage.gving basisof comoutation Were you insured at the time of the incident? lf so, provide name of insurance company, poligy numbers and amount of insurance Qayrnents receivd: Expenditures made on account of accident or lnjury: (Date - ltem)(Amount) i'iame and address of Witnesses, Ooctors and Hospitals: READCAREFULI.i For allaccident claims place on following diagrcm names of streets- includinq Norh. East. South. ano West: rnorcate oiec. of accident b!, 'X" and by showng house numDers or dlstan@s to sreet com€-. lr ^!ir r./ehicle was lnvolved. desionate bv letter'A" location of Citv vehicle when vou first saw it.and bv "B" location of vourself or vouivehicle when tou first saw Ci& vehicli), location of City vehicl6 at lime of acciCent by'A-1"and loAtion of youGelf-or your vehicle at the time of accident bv "8 '1" and the point of lmpacl by "X " NOTE:lf diagrams ao not fit tne situadon, atiach herero a proper diagram signeo oy cErmairi CU*B I declare under Typed/Printed Name: Marvin Rodas NOTE:ALL C of Y BE REQUESTEO TO BE EXqMINEO FOR OTHERACCIDENTS SitErVALK CURBl e u that the fore tn includin attachme is true and correct. PEN coDESEc 72) CLAIMS MUST BE FILEO WITH CIry CLERK (GOVCODE SEC.915a) STATE LAW PROVIDES THAT IF YOU ARE NOT NOTIFIEO OF ANY TCTION BY THE CITY OF THIS CLAIM WTHIN 45 DAYS OF FILING THEN IHE CLAIM IS DEEMED OENIED (SEE GOV CODE SEC 911.6 A 912 ,1] a Date 812012021 AS TO THEIR LAIM IJNDER OATH PRESENTATION F A FALSE CLAIM IS A FETONY (CAL PAR(WAY Signature of Claimant or percon filing on hisher behalf, giving re nship to FOR AUTOMOBILE ACCIDENTS /) L_l t-- 7 i\V7 [- iWALXsl illilltflilililililfl illlffiIilflilIflitt]l lr I tillil I lil I lt I u il llil tlt CUSTOMER #: 1078855 ]-23436L PEESI{EH,I TOYOTA * INVOICE*9136 E FIRESTONE BLVD. DOWNEY CA 90241 562-904-5600 . penskeroyota.comMARVIN ELIAS RODAS SR PAGE 1 SERVICE ADVISOR: Hours ol Operation: Mon. Fri:7 AM - 9 PM Sa1:7 AM.5 PM Suo:8AM-4PM 906951 Berenice Mart.inez TAG SiIver 19JUL2O I 09: 33 I-4AUG21 LTNE OPCODE TECH TYPE HOURS oPTloNs: SOLD-STK:LTO01292 DLR:04080 LIST 89 INV. D l-4AUG21 NET TOTAL :YEAB AK MILEAGE IN / OUI . 20 TOYOTA TACOMA 9339 / e339 PROD, DATE WARR, EXP. ].3:.L2 I4P'UG2L N/A DEF L2:1-4 L4AUG2L A C6STOMER:.:REQUESTED COMPLIMENTT\RY MTJLTIPLE POI}M VISUAT INSPECTION WHICH INCLUDES CHECKING UNDER HOOD FLUID LEVELS, CABIN & ENGINE AIR FILTER, BRAKE MATERTAL THICKNESS, TIRE WEAR, EXTERIOR LIGHTS, WIPER BLADES & I]NDERCARRIAGE FOR MAJOR FLUID LEAK. MPI CUSTOMER REOUESTED COMPLIMENTARY MULTIPLE POINT VISUAL INSPECTION WHICH INCLUDES CHECKING TJNDER HOOD PLU]D LEVELS, CABIN & ENGINE AIR FILTER, BRAKE MATERIAL THICKNESS, TIRE WEAR, EXTERIOR L]GHTS, WIPER BLADES & UNDERCARRIAGE FOR MAJOR FLUID LEAK. 905015 CP O.OO PARTS: 0.00 LABOR: 0.00 OTHER: 0.00 TOTAI LINE A:**************************************************** B GUEST STATES THEY HIT A POT HOLE AND IT CAUSED DAMAGE TO THE RIGHT REAR WHEEL AND TIRE, ( TRUCK CURRENTLY ON SPARE) GUEST ADDED THAT AFTER THAT WHEN THE PUT THE E BRAKE OVER NIGHT AND TRY TO TAKE IT OFF IN THE MORNING IT WILL NOT RELEASE. YOU HAVE TO ACCELERATE AFTER YOU RELEASE THE E BRAKE FOR IT TO RELEASE. INSEPCT AND ADVISE . CONCERN GUEST STATES THEY HIT A POT HOLE AND IT CAUSED DAI\4AGE TO THE RIGTff REAR WHEEL AND TIRE, ( TRUCK CURRENTLY ON SPARE) GUEST AIDED THAT AFTER THAT WHEN THE PUT THE E BRAKE OVER NIGHT A_ND TRY TO TAKE IT OFF IN THE MORNING IT WILL NOT RELEASE. YOU HAIE TO ACCELERATE AFTER YOU RELEASE THE E BRAKE FOR IT TO RELEASE. INSEPCT AND ADVISE. 905015 CP 141.00 PAR?S: 0.00 LABOR: 141.00 OJHER: 0.00 TOTAL LINE B: FOI]I{D RTGHT REAR PARKING BRAKE CABLE HAS BEEN DAIi{AGED AND ALSO RIGHT REAR SHOCK ASSEMBLY. DAMAGED RIGHT REAR LEAF SPRING BRACKET. VEHICLE DID NOT COME IN WITH RIGHT REA WHEEL. HAS S PARE TIRE ON RIGHT REAR. REC. TO REPLACE RIGHT REAR PARKING BRAKE CABLE AND REPLACE RIGHT 0.00 0.00 141.00 141.00 REAR SHOCK ASSEMBLY.141.00 DIAG WILL BE USED AS CREDIT TOWARDS Final Servico Invoico CoPY I acknowledge receipt of this invoice and the vehicle noted on this invoice laEknowledge notice and oral approval of an increase in the o riginal estimated price TOTALS X X Disclaimor oI Watrantigs The seller h6reby disclaims all warrantiss either expressed or implied, including anv implied watrantv ot me.chantability or fitness for a particular purpose, and neithor assumes nor authorizes any other person to assume lor it ;ny liability in connection with the sel6 of the parts. I have read and accept all provisions of the warraoty stat6fient on ths r6ve.se sid6. Please refer to ProPosition 65 'right to know- on the reverse siale. All parts are new original equipmenl manutacturer unless otherwise specified. Notice to Consumer: Please read important information on back. CUSTOMER COPY DESCBIP-IION LABOF AMOUNT PARTS AMOUNT GAS, OIL, LUBE SUELET AMOUNT M1SC, CHARGES TOTAL CHARGES LESS THIRD PAFTY SALFS TAX BAR# ARDOO285160 EPA# CAR000290767 CO LOR DEL. DATE fl-o VIN LICENSE PROMISED PO NO,RATE PAYMENI FEADY PLEASE PAY THIS AMOUNT lililt il 1il Ilililil ll]t il|lffiililr]ilil!|l]il lrllIlllltilrtilIil|ilililill[ CUSTOMER #: 1078855 ]-234361,PE'UStKEffi TOYOTA MARVIN ELIAS RODAS SR * INVOICE*9,136 E FIRESTONE BLVD. DOWNEY . CA 90241 562-904-5600 pensketoyota.com PAGE 2 Hours of Operation: Mon - Fri:7 AM -9 PM Sat:7 AM - 5 PM Sun:8AM-4PM 906951 Berenice Martinez 09:33 14AUG21 LINE OPCODE TECH TYPE HOURS R oPTloNs: SOLD-STK:LTO01292 DLR:04080 LIST SERVI VISE TAG A89S i Iver ::,,'DE 19JUL2O I 14AUG21 NET TOTAL YEAE,MILEAGE IN 1OUT . 20 TOYOTA TACOMA 9339 / 9339 PROMISED :.WARH. EXP,PO NO; DEFN13:12 14AUG21 12:L4 L4AUG2L REPAIRS 'ONCE.: GUEST RETUIWS**************************************************** C GUEST REQUEST QUOTE FOR A NEW WHEEL AND TIRE. CONCERN GUEST REQUEST QUOTE FOR A NEW WHEEL AND TIRE. 905015 CP 0.00 PARTS: O.OO LABOR: O'OO OTHER: O.OO TOTAL LfNE C:**************************************************** D Guest requests :an exterior vehicle wash- please allo$, an additional 15 minutes for vehicle wash- WASH GuesE requests an exterior vehicle wash. Please allow an additional 15 minutes for vehicle wash. 90601s cP 0.00 PARTS: 0. O0 LABOR: O.0O OTHER: 0.00 TOTAL LINE D:**************************************************** E OOTBD:TTRE PRESSURE CHECK AND INFLATION SERVICE INFLATE OOTBD:TIRE PRESSURE CHECK AND INFLATION SERVICE 906015 CP 0.00 PARTS: 0.00' LABOR: 0.00 OTHER: 0.00 TOTAI, LINE E: COMPLETED. FRONT 34 PSl REAR 34 PSI ' **********************J.****************************i F** Brake Cable (Rear) - Replace BR39 Brake Cable (Rear) - Replace 0.00pARrs: 0133, #o*, o.o0 orHER: 0.oo ToTALLTNEF: no work done. spo on order.. origj-nal quote to replace rear brake cable: $ 518 .48**************************************************** c** Shock Absorbers /S Eruts (Both Rear) - Replace Rs2o Shock absorbers/S Lruts (Both Rear) - Replace 999 Cp 0.00 PARTS:O. OO LABOR:O. OO OTHER: 0.00 u - u(l O. OO TOTAL LINE G: .00 . oo 0.00 0.00 0.00 o. o0 00 00 0 0 X la X Finat Se.vice lnvoice CoPY lacknowledge receipt of this invoice and the vehicle noted on this invoice ;[nofge notice and oral approval of an increase in the original estimated price TOTALS The selle, hsreby disclaims all warranties oither expressed or implied, including anY implied warrantY ot msrchantabitity or titness for a penicular purpose. and neither assumes nor authorites any other psrson to assume for lt ;ny fiebility in con;ection with the sal6 of the pans. liave read and accept all provisions ol the *i.raniy state.6nt on the rcverse side. Pl6ase refer to Proposition 65 'right to know" on the reverse side. All oarta are new original equipmeni manufacturer unless otherwise specilied. Oisclaimer of Warranties Notice to Consumer: Please read important information on back. CUSTOUER COPY DESCBIEI]ON LABOR AMOUNT PABTS AMOUNT GAS, OIL, LUBE SUELEI AMOUNT MISC- CHARGES TOTAL CHABGES LESS THIRO PARTY SALES TAX PLEASE PAY THIS AMOUNT BAR# ARDOO285160 EPA# CAR000290767 MAKEIMOEEL VIN t]CENSE PRODi DATE RATE PAYMENT READY COLOR INV. DATE 8,0. OPENED ililillliltilililillt CUSTOMER #: 1078855 MARVIN ELIAS RODAS SR ll llliil til tiltiltltlilililtll 1234361 PEtUSt(Effi TOYOTA * INVOICE*9136 E FIRESTONE BLVD, DOWNEY CA 90241 562-904-5600 penskoloyota.com PAGE 3 Hours of Operation: Mon, Fri:7 AM,9 PM Sat:7 AM " 5 PM Suo:8AM-4PM 906951 Berenice Martinez Silver l-9Jt L20 I R,O o :33 14AUG2I IJINE OPCODE TECH TYPE HOURS SERVI E ADVISOR: oPrloNS: SOLD-STK:LTO01292 DLR:04080 LIST INV. DA 14AUG21 NET TOTAL .Y€AB MILEAGE IN 1OUT I TI 20 TOYOTA TACOMA 9339 / 9339 WARR. EXP. :PO NO PAYMENI 13 :12 14AUG21 N/A DEF L2 : L4 1-4LIJG2L NO:,WORK DONE. SPO ON ORDER. ORIGINAL QUOTE: $:148.05**************************************************** EST: 1,133.03 l4IxIJG2l LL:27 SA: 905951 CONTACT: MARVTN 1323) 946-348't I ! I !I I ! ATIIHORIZED ESTIMATE }IAS MODIFIED ! *******rr*******************************i******** * Contact MeLhod * PHONE Contact Met.hodEST:141.00 14AUG2l- 09:33 SA: 905951 !I III!! AUTHORIZED ESTIIqATE WAS MODIFIED !:!II!!!I************************************************ FinEl Service lnvoice CoPY I acknowledge receipt ot this invoice 6nd the vehicle noted on this invoice tactnowledg€ notice and oral approval of an increase in the origina I estimated price TOTALS 141-.00 0. 00 0.00 0.00 0.00 141-. 00 0.00 0.00 141.00 X X Disclaimer oI Warranties The seller h6rebv disclaims all warranties either expressed or implied, including anY implied warrantv of me.chantability or fitness fot a particular purpose, and neither assumes nor aulhorizes anY other person to assume tor it any liability in connection with the sale of the pans. I have read and accept all provisions of the warranty stat6ment on the reverse side. Please reler to Proposition 65 "ight to know" on the reverse side All parts are new original equipment manutacturer unless otherwise specified. Notice to Consumer: Please read important information on back. CUSTOMER COPY DESCRIPTION LAEOR AMOUNT PARTS AMOUNT GAS, OIL, LUBE SUBLET AMOTJNT MISC. CHAEGES TOTAL CHARGES LESS THIRD PARTY SALES TAX PLEASE PAY THIS AMOUNT BAR# ARDOO285',t60 EPA# CAR000290767 lrlrllllililfiilililrrll COLOR DEL.DATE MAKE/I\/IODEL LICENSE PROD, DATE PROMISED RATE READY Penske Toyota of Downey VEHICLE H EALTH INSPECTION PREPARED FOR: MARVIN ELIAS RODAS SR Penske Toyota of Downey www. pensketoyotadowney.com Marvin Elias Rodas Sr Berenice Martinez b m a rtin ez@ soca lpenske. com Gabriel Vasquez (tech) DATE VIN YEAR MAKE MODEL MILEAGE RO# August 14, 2021 2020 TOYOTA TACOMA 9339 L234361 9136 E Firestone Blvd Downey CA 90241 (888) 711-1633 Key Information Battery. Battery Condition (ca bles / clamps / corrosion) Battery State of Health Overall Brake Co nd ltion LF Brake Linino mm's RF Brake t-lnini mm's Ln Biake Lining mm's ( Drum_mm) RR Brake Lining mm's (Drum_mm) Brake Lines / Hoses / Parking Brake cable Disc / Drums / caliperc / wheel cyllnde rs 6+ 6+ 3+ . 3+ Fai led Fluids oil Level Windshield Washer Coola nt (deg ree of protectlo n ) Power Steering (if equipped) Brake Reservoir lransmrsston / I ransaxle Differential (if equipped) Tra nsfer Case (4WD Models) Clutch Reservoir (if equipped) : N\A N\A Overa ll Tread Depth/ Replacement Needed :-'\i-r LF Tread Depth 32's (32) 8 l;l RF Tread Depth 32's (32) 8 : _. RR Tread Depth 32's (32) 2 32 LR Tread Depth 32's (32) I J- ICONDUCTED BY: Gabriel Vasquez Job Description Recommendation lBrake Ca ble ( Rea r)- Reolace lShock Abso rbers/Struts ( Both laear) - Replace Brakes u I Tire & Wheel n tr CRITICAL CONCERNS Observation 08'14i20216:,ll PM RODAS SR I t2l.86r Page 3 of7 Penske Toyota of Downey wants our customers to have the necessary information to make informed decisions regarding vehicle repair and maintenance. You have numerous references available to assist with this process including your Service Advisor: Berenice Martinez. To help you start, we've included the following information specific to the findings of your vehicle inspection conducted by Gabriel V. An educated customer is a happier customer and that's our goal at Penske Toyota of Downey. View all media for this Repair Order by clicking irsr-c 08/1.1/202 | 6:4i PM RODAS SR I I2]4]6I Page 5 of7 MARVIN ELIAS RODAS SR CUSTOI..IER *: 1078855 COLOR S i lver DEL DATE R.O. OPENED 08/74/2027 1234361 PRE-WORKORDER Page 1 of 1 VIN PEtSKEffi TOYOTA 9136 EFIRESTONE BLVD- . DOWNEY . CA90241 562-904-5600 pensketoyota.com Hou6 of Operation: Mon - Fri: 7 AM - I PM - SaL 7 AM - 5 PM Sun: 8 AM -4 PM Be!erlice Martinez TAG AB9 INV. DATE o8/L4/202L OPTIONSI YEAR MAKEA4OOEL LICENSE MILEAGE IN/ OUT 2020 TOYOTA TACOMA 9339 PROD. DATE WARR. EXP PROMISED PO NO RATE PAYI\4ENT READY LINE #A OP CODE MPI CONCERN WASH *B *C CUSTOMER REQUESTED COMPLIMENTARY MULTIPLE POINT VISUAI, INSPECTION WHICH INCTUDES CHECKING UNDER I1OOD FLUID LEVELS, CABIN & ENGINE AIR FILTER, BRAKE MATERIAL TH]CKNESS. TIRE WEAR, EXTERIOR LIGHTS, WIPER BTADES & UNDERCARRIAGE FOR MAJOR FLUID IEAK. GUEST STATES THEY HIT A POT HOLE AND IT CAUSED DAMAGE TO THE RIGHT REAR WHEEL AND TIRE. ( TRUCK CURRENTLY ON SPARE) GUEST ADDED THAT AETER THAT WHEN THE PUT THE E BRAKE OVER NIGHT AND TRY TO TAITE IT OFE IN THE MORNING IT WILI NOT RELEASE. YOU HAVE TO ACCELERATE AT'TER YOU RELEASE THE E BRAKE FOR IT TO RELEASE. INSEPCT AND ADVISE. DESCRIPTTON GUEST REOUEST OUOTE FOR A NEW WHEEL AND TIRX. Brake Cable (Rear) - Replace Shock Absorbers / Struts (Both Rear) - Replace DURATION 0.00 ESTIMATE 0.00 141.00 231.96 0.00 1.00 0.00 0.00Guest requests an exterior vehic.Ie wash. Please alfo!, an additional 15 minutes for vehicle wash *E INFLATE OOTBD:TIRE PRESSURE CHECK AND INFLATION SERVICE ADDITIONAL SERVICE RXCOMMENDATIONS #E #D #G 0.00 Subtotal Shop Charges Sales Tax Total 3.00 0.50 606.02 148.05 BR3 9 RS2 0 Printed on Estimate Expires on 08/14/2O2L 11 :43 AM o9/L3/202L 1133.03 0.00 43 .22 LL16 .25 I (Cuslomer) hereby aulhorize lhe repak work descdbed above to be done along wilh recessary materials. I also AUTHORIZED AND ACKNOWLEDGED BY autho.ize Diraler aid its employoes and agents to operale my vahlc{e tor the purf'oses of teslrng, rnspecnon and -_ delivery. I hereby actoowledg€ thal I rcceived a copy of this estmale prior lo lhe starl ol any repairs X OESIG|AIX}| OF PERSOIITO AUTHORIzE AODITIOIIAL WORK OR PARrS: I her€by designate lhs individual ramed below lo authorize any a(Hilimalwork nol speolied or pans nol induded ih lhe originalwntten estimated price for parts and labor. llame of D€siqnee Email Address:Customeas Signature: X PRIVACY: For infomalion regarding Deale,'s privacy practices and your dghts uoder the Califomia Consumer Privacy Act. a copy of Deale/s Prjvacy Polic-y has been mada available to you- To view the Privact Policy online, dick tl'le 'Privacf link on POUITEROF ATTORIIEY: The und,e6ign€d, hereinaier called 'lnsu€d,' for consideBlbn of lhe repairs made lo lnsured's vehide descnbed above, do€6 hereby grant lo Dealer, the power of attomey io sign and endorse checks or drafls mede payable to lnsured as settlemenl tor lhe lnsulEds deim for damaqes lo lho vehide. lnsured's Sigoature: X Dale Ail parts are new odginal equipmerd manufaclu.er unlss otheaEise specifr ed. Notice lo Consumer: Please read imoortant information on back.@@rmr1qr202rP6;41 Prvl RoDAS SR 111436l BAR# ARO00285160 EPA# CAR000290767 Page 7 of7 Date st , I I ta E r I a TI I ta...+{i-'. J --:i-i t I {E >J q :Tf a a =-lil! I !t .l I tiI aI TE r I I .a, .\'r - I kF*\*I I Eil Tw r4::'';-' I u\? it 'I , { ---iff.iFtL I \ I ffiI I I fr \\I ,lffiT ruT ro /,L It t'L E [,rr-r' il-Ir i \.. T'h . *Jr: . \' ,':t* hI I / I iffi"iI 1& 5O5 ,( =c-,2o<. 6- ,\ rs2-r 2or l2 l+ l= S C\ e C)-_t- € -1,-iZ N 3 o s(\ (J c) 5 N _l N tA,4 -4t @ 'i i5' I rl t I I it ,I '/ .t T, 1 T t J f.I N,ilrnt i E t rl \ )I $: D LWA U 1 I I tl .l L E I l! )ll ! {4 rl7t I \ i.:II / IT I -o o* z) O .-- ;GSr<\G -(' ?r1L ,f )I a' 7.9 9 q/o _s C. AJ -€qsur\ 3(b t\ + 3' as L .'n:= :9 a t 9r a.. /, I At- tt iltt-( \ a lr- x \ 4 /l -\ % I E srffl t \ -! d ! il , o I / I I 'Ij ,/ ,'' 1I / /t ,r{ ' o IF 7-/ I ooo @_ .,] x,J; 26 AF +-.6<5)s- 9- i: C,v\7 ,-l- :o(\ -l^ I I -!2 -,= a - t 9r a;, : 9 W I o 9 I ll I a-r l I 5 t)Ita I rta,s',/t ,! t t,J I- I a " --1 4 t I i;Ejr-'-. a - i H / rz -] r.t!I f,I t-,L-" II::*.8 I I I 1l II I x \ [.,1 I -/c') 9 iTI I ,l ll t it t"r- ,i I "l ,l .{t 3 l'f lt + I r/tI,j City Council Agenda Item Report Agenda Item No. COV-692-2021 Submitted by: Lisa Pope Submitting Department: City Clerk Meeting Date: September 21, 2021 SUBJECT Conflict of Interest Code (Statement of Economic Interests) Recommendation: Adopt Resolution No. 2021-29 establishing a conflict of interest code for all agencies, boards, commission, committees, designated City personnel and officials, and repealing Resolution No. 2020-33. Background: The City's Conflict of Interest Code enumerates the positions required to file Statement of Economic Interests - FPPC Form 700 (Statement) based on those involved in making or participation in the making of decisions which may have a material effect on any financial interest of that position. The Political Reform Act requires each local agency to adopt a Conflict of Interest Code (Code) and update said Code biennially in even numbered years. With the adoption of Resolution No. 2021-16, on June 1, 2021, revising the Classification and Compensation Plan, several classifications were added, amended or omitted. Therefore, the Conflict of Interest Code should be updated to reflect the current positions. Government Code Section 87200 requires the City Attorney, City Council, City Manager, and City Treasurer to file a statement. The proposed resolution outlines all other positions required to file statements, including those recently modified. The following positions are proposed to be added to the Code: Administration Department: •Assistant to the City Administrator Health and Environmental Control: •Deputy Director of Health and Environmental Control Public Utilities: •Customer Relations and Marketing Manager •Electric Operations Supervisor •Planning and Analysis Manager •Utilities Dispatcher, Senior •Utilities Program Specialist •Water Supervisor Public Works: •Code Enforcement Officer •Public Works Inspector, Senior The following positions are proposed to be modified: Public Utilities: •Integrated Resources Manager (added "s" to Resources) •Power Resources Settlement Analyst (added "s" to Resources) •Utilities Operations Manager (added "s" to Operations) The following positions are proposed to be removed because the positions no longer exist: Administration: •Economic Development Manager •Industrial Development Director •IT Programmer/Analyst Fire Department: •Assistant Fire Chief •Fire Administrative Analyst •Fire Battalion Chief •Fire Code inspector •Fire Marshal •Senior Fire Code Inspector Public Utilities: •Senior Utilities Dispatcher (now called Utilities Dispatcher, Senior) Public Works: •Stormwater and Special Projects Analyst The following position is proposed to be removed from the Code because it does not rise to level required to file a conflict of interest statement: Public Utilities: •Utilities Dispatcher On March 4, 2020, the City implemented an electronic filing system through Granicus and all filings are required to be filed through the City's electronic filing system. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Resolution No. 2021-29 RESOLUTION NO. 2021-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ESTABLISHING A CONFLICT OF INTEREST CODE FOR ALL AGENCIES, BOARDS, COMMISSIONS, COMMITTEES, DESIGNATED CITY PERSONNEL, AND OFFICIALS AND REPEALING RESOLUTION NO. 2020-33 SECTION 1. Recitals. A. On October 6, 2020, the City Council of the City of Vernon adopted Resolution No. 2020-33 establishing a conflict of interest code for all agencies, boards, and commissions affiliated with the City that incorporated by reference the standard model conflict of interest code of the Fair Political Practices Commission and repealing all resolutions in conflict therewith. B. The Political Reform Act, Government Code Sections 81000, et seq., requires the adoption of a conflict of interest code and biennial review. C. Government Code Section 87306 requires every agency to amend its conflict of interest code when changes occur, including the creation of new positions that must be designated positions, the deletion of old positions and relevant changes in the duties assigned to existing positions. D. Section 3 accurately sets forth those positions which should be designated and the categories of financial interests, which should be made reportable. 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. The following positions are required to provide full disclosure pursuant to Government Code Section 87200: • City Attorney • City Council • City Manager/Administrator • City Treasurer Additionally, the City requires full disclosure for the positions listed below, which participate in making decisions that may foreseeably have a material effect on financial interests. Full Disclosure includes all interests in real property in the City of Vernon, as well as investments, business positions, and sources of income, including gifts, loans, and travel payments. Resolution No. 2021-29 Page 2 of 4 _______________________ Administration Department: • Administrative Analyst • Assistant to the City Administrator • Deputy City Administrator • Executive Assistant to City Administrator • Information Technology Manager • Public Information Officer • Senior Information Technology Analyst City Attorney Department: • Deputy City Attorney • Legal Administrative Analyst • Senior Deputy City Attorney City Clerk Department: • City Clerk • Deputy City Clerk Finance Department: • Assistant Finance Director • Assistant Buyer • Business and Account Supervisor • Buyer • Deputy City Treasurer • Finance Manager • Finance Specialist • Finance Specialist, Senior • Financial Services Administrator • Senior Accountant Health & Environmental Control: • Deputy Director of Health & Environ. Control • Director of Health & Environ. Control • Environ. Health Program Administrator • Environmental Health Specialist • Environ. Health Specialist Trainee • Environmental Health Technician • Health Officer Human Resources Department: • Director of Human Resources • Human Resources Analyst • Senior Human Resources Analyst • Senior Legal and Policy Advisor Police Department: • Police Captain • Police Chief • Police Lieutenant Public Utilities: • Administrative Analyst • Assistant Civil Engineer • Assistant General Manager of Public Utilities • Assistant Resource Scheduler • Associate Electrical Engineer • Associate Resource Scheduler • Business and Account Supervisor • Customer Relations and Marketing Manager • Electrical Engineer • Electric Operations Supervisor • Electrical Service Planner • Gas Systems Superintendent • General Manager of Public Utilities • Integrated Resources Manager • Key Accounts Specialist • Planning and Analysis Manager • Power Resources Settlement Analyst • Principal Electrical Engineer • Principal Resource Planner • Principal Resource Scheduler/Trader • Resource Planner • Utilities Compliance Administrator • Utilities Compliance Analyst • Utilities Dispatcher, Senior • Utilities Engineering Manager • Utilities Operations Manager • Utility Program Specialist • Utilities Project Coordinator • Water Administrator • Water Project Coordinator • Water Project Specialist • Water Superintendent • Water Supervisor Resolution No. 2021-29 Page 3 of 4 _______________________ Public Works Department: • Assistant Engineer • Assistant Planner • Associate Engineer • Building and Planning Manager • Building Inspector • Civil Engineer • Code Enforcement Officer • Deputy Director of Public Works • Director of Public Works • Electrical Inspector • Facilities Maintenance Supervisor • Fleet Supervisor • Principal Civil Engineer • Project Engineer • Public Works Inspector • Public Works Inspector, Senior • Public Works Project Coordinator • Public Works Superintendent • Senior Building Inspector • Senior Electrical Inspector • Senior Plumbing & Mechanical Inspector Commissions and Committees: Members, Directors, Legal Counsel, Treasurer and Secretary • Board of Library Trustees • Green Vernon Commission • Successor Agency to the Redevelopment Agency • Vernon Business and Industry Commission • Vernon CommUNITY Fund Grant Committee • Vernon Housing Commission Consultants: • Consultant filling a designated position • As determined by City Administrator or designee: The City Administrator or designee will determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination must include a description of the consultant's duties and, based upon the description, a statement of the extent of disclosure requirements. The determination is a public record and must be retained for public inspection in the same manner and location as this Conflict of Interest Code. Resolution No. 2021-29 Page 4 of 4 _______________________ SECTION 4. The Political Reform Act requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regulations Section 18730, which contains the terms of a standard Conflict of Interest Code, that can be incorporated by reference and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. The terms of 2 Cal. Code of Regulations Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission, are hereby incorporated by reference. These provisions constitute the Conflict of Interest Code of the City of Vernon. The City of Vernon is considered the "agency" within the purview of this code. SECTION 5. Designated positions must file Statements of Economic Interests with the City Clerk utilizing the City’s electronic filing system. The City Clerk will perform the duties of Filing Officer for the City of Vernon. SECTION 6. Any change provided for in this Conflict of Interest Code will not affect or excuse any offense or act committed or done or omission or any penalty or forfeiture incurred or accruing under any other Conflict of Interest Code; nor will it affect any prosecution, suit or proceeding pending or any judgment rendered in connection with any other Conflict of Interest Code. SECTION 7. All resolutions or parts of resolutions, specifically Resolution No. 2020-33, not consistent with or in conflict with this resolution are hereby repealed. SECTION 8. 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 21st day of September, 2021. _____________________________ MELISSA YBARRA, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: _________________________________ ZAYNAH N. MOUSSA, Interim City Attorney City Council Agenda Item Report Agenda Item No. COV-790-2021 Submitted by: John Lau Submitting Department: Finance/Treasury Meeting Date: September 21, 2021 SUBJECT Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 73, for the period of August 1 through September 4, 2021, totaling $20,337,916.38 and consisting of ratification of electronic payments totaling $19,695,271.53, ratification of the issuance of early checks totaling $642,644.85 and voided Check Nos. 607774 and 607834 totaling $1,028.86. 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. 73 covering claims and demands presented during the period of August 1 through September 4, 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. 73, totals $20,337,916.38. 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. 73. Attachments: 1. Operating Account Warrant Register No. 73 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 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: 607774, 607834________________________________________________________________________________________________________________________Printed: 9/9/2021 10:32:32AM9/9/2021 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.500150 $ 69.27 IniƟal Charges 07/21 202107273149935997CALIFORNIA ISO002412 ‐ 055.9200.500150 $ ‐302.16 RecalculaƟon Charges 04/21 202107273149936228055.9200.500190 $ ‐1,307.87 RecalculaƟon Charges 04/21 202107273149936228055.9200.500170 $ 146.65 RecalculaƟon Charges 04/21 202107273149936228055.9200.500150 $ 352,426.10 IniƟal Charges 07/21 202107273149936228055.9200.500170 $ 45,735.92 IniƟal Charges 07/21 202107273149936228055.9200.500190 $ 16,966.48 IniƟal Charges 07/21 202107273149936228055.9200.500210 $ 16,389.22 IniƟal Charges 07/21 202107273149936228$ 430,123.6108/02/2021 11615011.1024.593200 $ ‐3,934.90 Retainer Credit 04/21~ 20210419820ALVAREZ‐GLASMAN & COLVIN006865 ‐ 011.1024.593200 $ 12,873.96 Special Legal Services 04/21 20210419821011.1024.593200 $ 925.00 LiƟgaƟon Services 04/21~ 20210419822011.1024.593200 $ 1,490.61 LiƟgaƟon Services 04/21~ 20210419823011.1024.593200 $ 275.00 LiƟgaƟon Services 04/21~ 20210419824011.1024.593200 $ 850.00 LiƟgaƟon Services 04/21~ 20210419825011.1024.593200 $ 750.00 LiƟgaƟon Services 04/21~ 20210419826$ 13,229.6708/03/2021 11616Printed: 9/9/2021 10:32:32AMPage 1 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.596200 $ 7,500.00 Brokerage Fees 2021267KARBONE, INC007136 ‐ $ 7,500.0008/03/2021 11617057.1057.500173 $ 4,416.40 Internet Access Services 234175341LEVEL 3 COMMUNICATIONS, LLC003053 ‐ $ 4,416.4008/03/2021 11618011.9019.860000 $ 5,600.00 ERP System (Munis) Upgrade 45342828TYLER TECHNOLOGIES, INC001447 ‐ 011.9019.860000 $ 3,087.00 ERP System (Munis) Upgrade 45343671$ 8,687.0008/03/2021 11619011.9019.860000 $ 4,300.00 Contact ApplicaƟon~ 27807VERITONE, INC007126 ‐ $ 4,300.0008/03/2021 11620011.9019.590110 $ 730.53 OverlandCare Bronze Warranty Coverage, K17635500101 011.0014920ZONES, LLC005784 ‐ 011.9019.590110 $ 730.53 OverlandCare Bronze Warranty Coverage, K17635500101 011.0014920$ 1,461.0608/03/2021 11621020.1084.500130 $ 39,267.29 Potable & Recycled Water VERJUN21CENTRAL BASIN MWD001401 ‐ $ 39,267.2908/05/2021 11622011.1033.596200 $ 1,260,040.93 Fire ProtecƟon Services~ C0009918COUNTY OF LOS ANGELES001444 ‐ 011.1033.596200 $ 112,025.47 Fire ProtecƟon Services~ C0009918011.1033.596200 $ 27,517.60 Fire ProtecƟon Services~ C0009918$ 1,399,584.0008/05/2021 11623Printed: 9/9/2021 10:32:32AMPage 2 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE056.5600.596600 $ 340.00 PublicaƟon Services B3488264DAILY JOURNAL CORPORATION000947 ‐ $ 340.0008/05/2021 11624055.8400.596200 $ 227.00 Disposal & Recycling Services 16X00363HAUL AWAY RUBBISH SERVICE CO,005350 ‐ 055.8400.596200 $ 597.48 Disposal & Recycling Services 16X00365$ 824.4808/05/2021 11625056.5600.520000 $ 958.28 Hardware Supplies~ 60562891 056.0000623MCMASTER‐CARR SUPPLY COMPANY001150 ‐ 056.5600.520000 $ 1,168.45 Hardware Supplies~ 60564035 056.0000623056.5600.520000 $ 943.07 Hardware Supplies~ 60790733 056.0000623056.5600.520000 $ ‐950.56 Hardware Supplies~ 60862600 056.0000623056.5600.520000 $ 59.36 Hardware Supplies~ 60867556 056.0000623$ 2,178.6008/05/2021 11626055.9200.596200 $ 867.00 Charges: January 2022 ‐ June 2022~ 164479 055.0002891OPEN ACCESS TECHNOLOGY INTL, I000629 ‐ $ 867.0008/05/2021 11627011.9019.860000 $ 11,849.28 Meraki MS125‐48FP 10G L2 Cld‐Mngd 48x B13670440 011.0014869SHI INTERNATIONAL CORP005925 ‐ 011.9019.860000 $ 635.58 Meraki MS125‐48FP Enterprise License B13670440 011.0014869011.9019.860000 $ 1,214.55 Sales Tax 10.25 B13670440$ 13,699.4108/05/2021 11628Printed: 9/9/2021 10:32:32AMPage 3 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.8100.596200 $ 122.54 Portable Restroom Service~ 11412065341UNITED SITE SERVICES OF CA003601 ‐ 055.8100.596200 $ 122.54 Portable Restroom Service~ 11412065343020.1084.520000 $ 85.03 Portable Restroom Service~ 1141210684055.8100.596200 $ 280.17 Portable Restroom Service~ 11412111868$ 610.2808/05/2021 11629020.1084.500110 $ 223,275.18 Groundwater ProducƟon & Assessment 072621WATER REPLENISHMENT DISTRICT001658 ‐ $ 223,275.1808/05/2021 11630011.1026.502031 $ 14,887.78 Medical ReƟrees~ 198287025ANTHEM BLUE CROSS005182 ‐ $ 14,887.7808/05/2021 11631Printed: 9/9/2021 10:32:32AMPage 4 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.500150 $ 59.54 IniƟal Charges 07/21 202108033150115735CALIFORNIA ISO002412 ‐ 055.9200.500150 $ 437,586.61 IniƟal Charges 07/21 202108033150115967055.9200.500170 $ 10,088.77 IniƟal Charges 07/21 202108033150115967055.9200.500190 $ 10,719.68 IniƟal Charges 07/21 202108033150115967055.9200.500210 $ 16,094.59 IniƟal Charges 07/21 202108033150115967055.9200.500150 $ ‐673.56 RecalculaƟon Charges 04/21 202108033150115967055.9200.500190 $ ‐1,111.98 RecalculaƟon Charges 04/21 202108033150115967055.9200.500170 $ 932.62 RecalculaƟon Charges 04/21 202108033150115967055.9200.500150 $ 11,791.68 RecalculaƟon Charges 10/18 202108033150115967055.9200.500170 $ ‐1.61 RecalculaƟon Charges 10/18 202108033150115967$ 485,486.3408/09/2021 11632011.1004.503035 $ 3,059.42 Renewal ‐ Crime Primary 8200000302840AON RISK INSURANCE SERVICES WE003266 ‐ 011.1004.503035 $ 35,840.80 Renewal ‐ Cyber Liability 8200000304202011.1004.503035 $ 235.92 Endorsement ‐ General Liability Coverage 8200000304236$ 39,136.1408/10/2021 11633Printed: 9/9/2021 10:32:32AMPage 5 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1026.594200 $ 6,303.75 TPA Fees 08/21 IVC25461ATHENS INSURANCE SERVICES, INC004303 ‐ $ 6,303.7508/10/2021 11634057.1057.500173 $ 4,139.00 Internet Access Services BBUS00032450BROADBAND, LLC000267 ‐ $ 4,139.0008/10/2021 11635011.1021.797000 $ 8,100.00 Professional Services~ JUL21JEMMOTT ROLLINS GROUP, INC005108 ‐ $ 8,100.0008/10/2021 11636056.5600.900000 $ 1,260.00 3" Port Rebuild Kit w/80 Durometer 223935 056.0000634MEASUREMENT CONTROL SYSTEMS, I000839 ‐ 056.5600.900000 $ 45.64 Freight 223935 056.0000634056.5600.900000 $ 129.15 Sales Tax 10.25 223935056.5600.900000 $ 2,520.00 3" Port Rebuild Kit w/80 Durometer 223936 056.0000634056.5600.900000 $ 87.23 Freight 223936 056.0000634056.5600.900000 $ 258.30 Sales Tax 10.25 223936$ 4,300.3208/10/2021 11637011.1003.596200 $ 375.00 Storage Services 557301WILLIAMS DATA MANAGEMENT003584 ‐ 011.1003.596200 $ 1,309.31 Storage Services 557829$ 1,684.3108/10/2021 11638011.1026.502031 $ 14,887.78 Medical ReƟrees~ 195634352ANTHEM BLUE CROSS005182 ‐ $ 14,887.7807/01/2021 11659Printed: 9/9/2021 10:32:32AMPage 6 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE020.1084.900000 $ 291,034.43 RehabilitaƟon of Reservoirs~ 080421CAPITAL INDUSTRIAL COATINGS007089 ‐ $ 291,034.4308/12/2021 11666011.9019.590110 $ 1,290.00 Kronos Support Service for PD 11781678KRONOS INCORPORATED005034 ‐ $ 1,290.0008/12/2021 11667020.1084.900000 $ 304.15 Hardware Supplies~ 59298230 011.0014443MCMASTER‐CARR SUPPLY COMPANY001150 ‐ 055.8000.590000 $ 275.77 Hardware Supplies~ 59314145 055.0002802020.1084.900000 $ 810.16 Hardware Supplies~ 59323635 011.0014443020.1084.900000 $ 287.99 Hardware Supplies~ 59531527 011.0014443055.8400.520000 $ 243.73 Hardware Supplies~ 59628521 055.0002802020.1084.900000 $ 583.57 Hardware Supplies~ 59782262 011.0014443055.8200.590000 $ 33.73 Hardware Supplies~ 59945891 055.0002802$ 2,539.1008/12/2021 11668011.9019.590110 $ 17,076.37 UHF Radio System for PD 8230330832MOTOROLA SOLUTIONS, INC000016 ‐ $ 17,076.3708/12/2021 11669011.9019.560010 $ 36.43 Audio Conferencing Charges USINV2106172060NTT CLOUD COMMUNICATIONS U.S.006801 ‐ $ 36.4308/12/2021 11670055.9200.500154 $ 66,786.45 Astoria 2 Solar Project ATSP0821SO CAL PUBLIC POWER AUTHORITY002517 ‐ $ 66,786.4508/12/2021 11671Printed: 9/9/2021 10:32:32AMPage 7 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE056.5600.590000 $ 658.61 Equipment Parts & Materials~ 121586IN 056.0000615WILMINGTON INSTRUMENT COMPANY,003177 ‐ $ 658.6108/12/2021 11672011.9019.520010 $ 6,019.92 VMWare Standard for PD~ K17637340101 011.0014943ZONES, LLC005784 ‐ 011.9019.520010 $ 3,329.96 VMWare Standard for PD~ K17637340101 011.0014943$ 9,349.8808/12/2021 11673055.9100.900000 $ 319,894.48 Electric Service Maintenance 07/21 210250PETRELLI ELECTRIC, INC003049 ‐ 057.1057.900000 $ 13,931.90 Electric Service Maintenance 07/21 210250057.1057.590000 $ 20,069.06 Electric Service Maintenance 07/21 210250055.8300.590000 $ 1,082,694.51 Electric Service Maintenance 07/21 210250055.8000.590000 $ 87,909.55 Electric Service Maintenance 07/21 210250055.9100.900000 $ 764,958.19 Bond Projects 210250055.9100.900000 $ 50,570.07 Electric Service Maintenance 06/21~ 210250(2)$ 2,340,027.7608/12/2021 11674Printed: 9/9/2021 10:32:32AMPage 8 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.500150 $ 542.54 RecalculaƟon Charges 04/21 202108103150213814CALIFORNIA ISO002412 ‐ 055.9200.500170 $ 152.60 RecalculaƟon Charges 04/21 202108103150213814055.9200.500190 $ ‐1,392.41 RecalculaƟon Charges 04/21 202108103150213814055.9200.500150 $ 407,464.26 IniƟal Charges 07/21 202108103150213814055.9200.500170 $ 6,997.28 IniƟal Charges 07/21 202108103150213814055.9200.500190 $ 10,714.66 IniƟal Charges 07/21 202108103150213814055.9200.500210 $ 15,995.33 IniƟal Charges 07/21 202108103150213814055.9200.500150 $ 8,786.37 RecalculaƟon Charges 01/20 202108103150213814055.9200.500170 $ ‐0.84 RecalculaƟon Charges 01/20 202108103150213814055.9200.500190 $ ‐25.70 RecalculaƟon Charges 01/20 202108103150213814055.9200.500150 $ 4,062.50 RecalculaƟon Charges 10/20 202108103150213814055.9200.500180 $ 2.25 RecalculaƟon Charges 10/20 202108103150213814055.9200.500170 $ ‐17,562.89 RecalculaƟon Charges 10/20 202108103150213814055.9200.500190 $ ‐493.93 RecalculaƟon Charges 10/20 202108103150213814Printed: 9/9/2021 10:32:32AMPage 9 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE$ 435,242.0208/16/2021 11675055.8100.596200 $ 74,260.00 Security Services~ 5241JRM006198 ‐ 055.9000.596200 $ 12,168.00 Security Services~ 5242$ 86,428.0008/17/2021 11676055.9200.500150 $ 395,822.52 Monthly Energy Related Payment 7202101BICENT (CALIFORNIA) MALBURG, L003336 ‐ 055.9200.500180 $ 3,700,262.60 Monthly Capacity Payment 7202101$ 4,096,085.1208/19/2021 11677011.1043.590000 $ 3,608.00 Traffic Signal Maintenance 13481BEAR ELECTRICAL SOLUTIONS, INC007026 ‐ $ 3,608.0008/19/2021 11678011.1024.593200 $ 325.00 Re: General Municipal MaƩers 912074BEST BEST & KRIEGER, LLP005506 ‐ $ 325.0008/19/2021 11679011.1049.590000 $ 12,267.40 Carpet InstallaƟon~ 3CAAM382(2)EMPIRE TODAY, LLC007030 ‐ $ 12,267.4008/19/2021 11680011.9019.860000 $ 1,480.00 4MP HDCVI Motorized Bullet Camera~ 19782277 011.0014903ETC DEPOT005460 ‐ 011.9019.860000 $ 40.00 Freight 19782277 011.0014903011.9019.860000 $ 151.70 Sales Tax 10.25 19782277$ 1,671.7008/19/2021 11681Printed: 9/9/2021 10:32:32AMPage 10 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1046.520000 $ 457.71 Auto Parts & Accessories~ 139535 011.0014858GARVEY EQUIPMENT COMPANY000399 ‐ $ 457.7108/19/2021 11682056.5600.520000 $ 1,204.50 Electrical Supplies~ 222641 056.0000609MEASUREMENT CONTROL SYSTEMS, I000839 ‐ $ 1,204.5008/19/2021 11683020.1084.900000 $ 570.00 Technical Design Services 1804NORTHWEST ELECTRICAL SERVICES,005614 ‐ 020.1084.590000 $ 3,135.00 Technical Design Services 1804020.1084.900000 $ 53,010.00 Technical Design Services 1804055.8200.596200 $ 427.50 Technical Design Services 1804$ 57,142.5008/19/2021 11684055.9200.500180 $ 36,000.00 Capacity Charges 07/21 PCP082021209950NRG POWER MARKETING, LLC006314 ‐ $ 36,000.0008/19/2021 11685055.9200.500154 $ 51,981.32 Desert Harvest II Project 080221SO CAL PUBLIC POWER AUTHORITY002517 ‐ $ 51,981.3208/19/2021 11686055.9100.596200 $ 1,089.14 OperaƟng Expense 07/21 21115SO CAL JOINT POLE COMMITTEE002079 ‐ $ 1,089.1408/19/2021 11687Printed: 9/9/2021 10:32:32AMPage 11 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.500180 $ 29,212.33 Boulder Canyon Project Charges 07/21 GG1766W0721US DEPARTMENT OF ENERGY002227 ‐ 055.9200.500150 $ 22,660.31 Boulder Canyon Project Charges 07/21 GG1766W0721$ 51,872.6408/19/2021 11688011.1031.596500 $ 152.16 Training Courses~ 081221MARISSA VELEZ006205 ‐ $ 152.1608/19/2021 11689011.1049.590000 $ 3,343.00 Air CondiƟoner Maintenance 34498WESTERN ALLIED CORPORATION006120 ‐ 011.1049.590000 $ 1,132.76 Air CondiƟoner Maintenance 627856011.1049.590000 $ 3,448.83 Air CondiƟoner Maintenance 628031$ 7,924.5908/19/2021 11690056.5600.520000 $ 365.18 Paving Materials~ 72935045 056.0000611VULCAN MATERIALS CO001695 ‐ 056.5600.520000 $ 424.56 Paving Materials~ 72937454 056.0000611056.5600.520000 $ 300.67 Paving Materials~ 72946876 056.0000611$ 1,090.4108/19/2021 11691Printed: 9/9/2021 10:32:32AMPage 12 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.500150 $ 397,673.85 IniƟal Charges 08/21 202108173150265345CALIFORNIA ISO002412 ‐ 055.9200.500170 $ 226.03 IniƟal Charges 08/21 202108173150265345055.9200.500190 $ 7,044.30 IniƟal Charges 08/21 202108173150265345055.9200.500210 $ 11,445.37 IniƟal Charges 08/21 202108173150265345055.9200.500150 $ ‐192.37 RecalculaƟon Charges 05/21 202108173150265345055.9200.500190 $ ‐696.95 RecalculaƟon Charges 05/21 202108173150265345055.9200.500170 $ 111.63 RecalculaƟon Charges 05/21 202108173150265345055.9200.500150 $ ‐48.57 RecalculaƟon Charges 04/21 202108173150265345055.9200.500170 $ 992.35 RecalculaƟon Charges 04/21 202108173150265345055.9200.500190 $ 5,960.43 RecalculaƟon Charges 04/21 202108173150265345055.9200.500150 $ 120,370.83 IniƟal Charges 07/21 202108173150265345055.9200.500170 $ 1,456,968.06 IniƟal Charges 07/21 202108173150265345055.9200.500180 $ 10,593.10 IniƟal Charges 07/21 202108173150265345055.9200.500190 $ 4,705.03 IniƟal Charges 07/21 202108173150265345Printed: 9/9/2021 10:32:32AMPage 13 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.500210 $ 6,009.41 IniƟal Charges 07/21 202108173150265345CALIFORNIA ISO002412 ‐ 055.9200.500240 $ 24,021.03 IniƟal Charges 07/21 202108173150265345$ 2,045,183.5308/24/2021 11692055.9200.500170 $ 21,870.00 Electric Energy TransacƟons GA199740DEPARTMENT OF WATER & POWER002468 ‐ 055.9200.500260 $ 575.00 Electric Energy TransacƟons GA199740$ 22,445.0008/25/2021 11693055.9200.500160 $ 495,061.83 Natural Gas 07/21 3542072MERCURIA ENERGY AMERICA, LLC006262 ‐ $ 495,061.8308/25/2021 11694055.9200.500180 $ 223,511.00 Minimum Cost 08/21 PV0821SO CAL PUBLIC POWER AUTHORITY002517 ‐ 055.9200.500150 $ 43,832.00 Variable Cost 07/21 PV0821055.122100 $ 10,000.00 PSF Cost 08/21 PV0821$ 277,343.0008/25/2021 11695055.9200.500162 $ 6,191.50 Biomethane RPS72021BIOFUEL GENERATION SERVICES, L005067 ‐ $ 6,191.5008/25/2021 11696055.9200.500160 $ 447,835.00 Natural Gas 07/21 76074CALPINE ENERGY SERVICES, LP002060 ‐ $ 447,835.0008/25/2021 11697Printed: 9/9/2021 10:32:32AMPage 14 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.500160 $ 331,675.00 Natural Gas 07/21 161960CONOCOPHILLIPS COMPANY005388 ‐ $ 331,675.0008/25/2021 11698055.9200.500160 $ 712,480.00 Natural Gas 07/21 5006191CRC MARKETING, INC007099 ‐ $ 712,480.0008/25/2021 11699055.9200.500160 $ 184,175.00 Natural Gas 07/21 1596957EDF TRADING NORTH AMERICA, LLC004116 ‐ $ 184,175.0008/25/2021 11700011.1048.596200 $ 102.00 Disposal & Recycling Services 17X03661HAUL AWAY RUBBISH SERVICE CO,005350 ‐ 011.1049.596200 $ 319.00 Disposal & Recycling Services 17X03662011.1049.596200 $ 102.00 Disposal & Recycling Services 17X03666011.1049.596200 $ 1,919.82 Disposal & Recycling Services 17X03668$ 2,442.8208/25/2021 11701055.9200.500160 $ 985,247.98 Natural Gas 07/21 GASI00159527MACQUARIE ENERGY, LLC006086 ‐ $ 985,247.9808/25/2021 11702055.9200.500160 $ 93,400.00 Natural Gas 07/21 285858MIECO, LLC006318 ‐ $ 93,400.0008/25/2021 11703055.9200.500160 $ 546,457.50 Natural Gas 07/21 232825PACIFIC SUMMIT ENERGY, LLC005908 ‐ $ 546,457.5008/25/2021 11704Printed: 9/9/2021 10:32:32AMPage 15 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9000.596550 $ 46,122.07 ResoluƟon Billing 821SO CAL PUBLIC POWER AUTHORITY002517 ‐ 055.7200.596702 $ 93,116.19 ResoluƟon Billing 821055.9000.596200 $ 8,721.62 ResoluƟon Billing 821055.9000.596700 $ 622.20 ResoluƟon Billing 821055.9200.596200 $ 21,864.87 ResoluƟon Billing 821$ 170,446.9508/25/2021 11705020.1084.520000 $ 27,552.00 Break‐off Check Valves~ 121345900 011.0014873WESTERN WATER WORKS SUPPLY007109 ‐ 020.1084.520000 $ 2,824.08 Sales Tax 10.25 121345900$ 30,376.0808/25/2021 11706Printed: 9/9/2021 10:32:32AMPage 16 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1024.593200 $ ‐9,294.44 Retainer Credit 05/21~ 20210519828ALVAREZ‐GLASMAN & COLVIN006865 ‐ 011.1024.593200 $ 12,616.53 Special Legal Services 05/21 20210519829011.1024.593200 $ 75.00 LiƟgaƟon Services 05/21~ 20210519830011.1024.593200 $ 13,925.00 LiƟgaƟon Services 05/21~ 20210519831011.1024.593200 $ 2,250.00 LiƟgaƟon Services 05/21~ 20210519832011.1024.593200 $ 2,993.00 LiƟgaƟon Services 05/21~ 20210519833011.1024.593200 $ 7,398.80 LiƟgaƟon Services 06/21~ 2021061985011.1024.593200 $ ‐7,610.60 Retainer Credit 06/21~ 20210619850011.1024.593200 $ 329.00 Special Legal Services 06/21 20210619851011.1024.593200 $ 275.00 LiƟgaƟon Services 06/21~ 20210619852011.1024.593200 $ 575.00 LiƟgaƟon Services 06/21~ 20210619853011.1024.593200 $ 652.80 LiƟgaƟon Services 06/21~ 20210619854$ 24,185.0908/26/2021 11707055.9100.596500 $ 887.36 APGA Annual Conference 080221CLAUDIA ARELLANO001370 ‐ $ 887.3608/26/2021 11708055.9000.595200 $ 17,000.00 Annual Monitoring Fee~ P0361086MOODY'S INVESTORS SERVICE, INC002879 ‐ $ 17,000.0008/26/2021 11709055.9200.500154 $ 63,689.07 Puente Hills Landfill Gas Project PHL0821SO CAL PUBLIC POWER AUTHORITY002517 ‐ $ 63,689.0708/26/2021 11710Printed: 9/9/2021 10:32:32AMPage 17 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.500160 $ 41,250.00 Natural Gas 07/21 202107GS022THE GAS COMPANY001581 ‐ $ 41,250.0008/26/2021 11711055.9200.550022 $ 222,744.29 ReservaƟon & Transmission Charges~ 080921THE GAS COMPANY001581 ‐ $ 222,744.2908/26/2021 11712011.9019.860000 $ 2,100.00 ERP System (Munis) Upgrade 45338596TYLER TECHNOLOGIES, INC001447 ‐ 011.9019.860000 $ 4,000.00 ERP System (Munis) Upgrade 45343815011.9019.860000 $ 1,400.00 ERP System (Munis) Upgrade 45344395011.9019.860000 $ 3,500.00 ERP System (Munis) Upgrade 45345129011.9019.860000 $ 2,100.00 ERP System (Munis) Upgrade 45345575011.9019.860000 $ 2,800.00 ERP System (Munis) Upgrade 45346918$ 15,900.0008/26/2021 11713011.2043.900000 $ 15,519.24 ConsulƟng Services~ 801760CNS ENGINEERS, INC003975 ‐ 011.1043.900000 $ 3,879.81 ConsulƟng Services~ 801760011.2043.900000 $ 10,666.50 ConsulƟng Services~ 801761011.1043.900000 $ 2,666.63 ConsulƟng Services~ 801761$ 32,732.1808/26/2021 11714020.1084.595200 $ 7,544.21 Title 22 Monitoring 6210005CENTRAL BASIN WATER ASSOCATION001917 ‐ $ 7,544.2108/27/2021 11715011.9019.590110 $ 902.32 Hardware & SoŌware Usage Fees 11735902KRONOS INCORPORATED005034 ‐ $ 902.3208/27/2021 11716Printed: 9/9/2021 10:32:32AMPage 18 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1043.593200 $ 188.10 Re: WMP Approval PeƟƟons 229799RICHARDS, WATSON & GERSHON003900 ‐ 011.1043.593200 $ 39.60 Re: WMP Approval PeƟƟons 230094$ 227.7008/27/2021 11717020.1084.500140 $ 1,561.32 Hypochlorite SoluƟon 5547007WATERLINE TECHNOLOGIES, INC007110 ‐ $ 1,561.3208/27/2021 11718011.1049.590000 $ 809.05 Air CondiƟoner Maintenance 627995WESTERN ALLIED CORPORATION006120 ‐ $ 809.0508/27/2021 11719Printed: 9/9/2021 10:32:32AMPage 19 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.500150 $ 288.51 RecalculaƟon Charges 05/21 202108243150405574CALIFORNIA ISO002412 ‐ 055.9200.500170 $ ‐325.42 RecalculaƟon Charges 05/21 202108243150405574055.9200.500190 $ ‐917.01 RecalculaƟon Charges 05/21 202108243150405574055.9200.500210 $ 15,836.41 IniƟal Charges 08/21 202108243150405574055.9200.500150 $ 492,748.57 IniƟal Charges 08/21 202108243150405574055.9200.500190 $ 3,490.34 IniƟal Charges 08/21 202108243150405574055.9200.500170 $ ‐2,776.34 IniƟal Charges 08/21 202108243150405574055.9200.500150 $ 37.65 IniƟal Charges 08/21 202108243150405710$ 508,382.7108/30/2021 11720055.9000.596550 $ 9,224.41 DEED Program Annual Dues~ 061521AMERICAN PUBLIC POWER ASSOC005035 ‐ $ 9,224.4109/01/2021 11721055.9200.596200 $ 6,483.26 SoŌware Services Fee 09/21 VERN70POWER SETTLEMENTS CONSULTING &005658 ‐ $ 6,483.2609/01/2021 11722020.272010 $ 34,883.72 Quarterly Payment No. 5~ 202105WATER REPLENISHMENT DISTRICT001658 ‐ $ 34,883.7209/01/2021 11723Printed: 9/9/2021 10:32:32AMPage 20 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9000.593200 $ 20,000.00 Monthly Retainer~ 1036BELL BURNETT & ASSOCIATES006786 ‐ $ 20,000.0009/02/2021 11724011.9019.860000 $ 1,158.54 Receipt Printer~ H373329 011.0014904CDW GOVERNMENT, INC000447 ‐ 011.9019.860000 $ 118.75 Sales Tax 10.25 H373329011.9019.520010 $ 434.32 Receipt Printer~ H402358 011.0014941011.9019.520010 $ 44.52 Sales Tax 10.25 H402358$ 1,756.1309/02/2021 11725011.1033.596200 $ 1,260,290.06 Fire ProtecƟon Services~ C0009967COUNTY OF LOS ANGELES001444 ‐ 011.1033.596200 $ 112,025.47 Fire ProtecƟon Services~ C0009967011.1033.596200 $ 27,517.60 Fire ProtecƟon Services~ C0009967$ 1,399,833.1309/02/2021 11726011.1003.596300 $ 110.00 PublicaƟon Services B3501858DAILY JOURNAL CORPORATION000947 ‐ $ 110.0009/02/2021 11727055.9000.595200 $ 803.25 Natural Gas Compliance Services 111957G2 INTEGRATED SOLUTIONS, LLC006899 ‐ $ 803.2509/02/2021 11728020.1084.596700 $ 60.00 Reimb. DistribuƟon Renewal 081721DANIEL GOMEZ006417 ‐ $ 60.0009/02/2021 11729011.9019.590110 $ 3,000.00 Website Design & ImplementaƟon~ 141725GRANICUS006750 ‐ $ 3,000.0009/02/2021 11730Printed: 9/9/2021 10:32:32AMPage 21 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.596200 $ 1,250.00 OTC Commission Adjustment 721001688095ICE US OTC COMMODITY MARKETS,004500 ‐ $ 1,250.0009/02/2021 11731011.9019.520010 $ 568.75 ProjectPlan5GCC ShrdSvr ALNG SubsVL MVL 1100852896 011.0014874INSIGHT PUBLIC SECTOR, INC003606 ‐ 011.9019.520010 $ 325.00 AudioConfGCC ShrdSvr ALNG SubsVL MVL 1100855620 011.0014937$ 893.7509/02/2021 11732055.9000.596200 $ 4,149.00 Env Compliance Support Services D3404500013JACOBS ENGINEERING GROUP, INC006886 ‐ $ 4,149.0009/02/2021 11733011.9019.860000 $ 360.00 Workforce Central SoŌware 11794703KRONOS INCORPORATED005034 ‐ 011.9019.590110 $ 761.58 SoŌware Usage Fees 11800821$ 1,121.5809/02/2021 11734011.1049.590000 $ 3,582.00 Landscape Maintenance 07/21 94065MARIPOSA LANDSCAPES, INC006422 ‐ $ 3,582.0009/02/2021 11735020.1084.900000 $ 18,135.00 Design Services 5178PACIFIC ADVANCED CIVIL ENGINEE006787 ‐ $ 18,135.0009/02/2021 11736011.1024.593200 $ 147.06 Re: Los Angeles MS4 Permit PeƟƟon 232742RICHARDS, WATSON & GERSHON003900 ‐ $ 147.0609/02/2021 11737Printed: 9/9/2021 10:32:32AMPage 22 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.500170 $ 24,669.00 Laguna Bell 08/21 7501311496SO CAL EDISON000059 ‐ 055.9200.500170 $ 59,400.00 Victorville Lugo Vernon 08/21 7501311535055.9200.500170 $ 140,400.00 Mead Laguna Bell 08/21 7501311536$ 224,469.0009/02/2021 11738011.1041.595200 $ 20,824.05 West‐Side Project Specific Plan 995110THE ARROYO GROUP006975 ‐ $ 20,824.0509/02/2021 11739011.9019.520010 $ 2,400.00 Video Evidence RedacƟon SoŌware~ 27869VERITONE, INC007126 ‐ $ 2,400.0009/02/2021 11740011.1043.590000 $ 10,250.00 Street Sweeping Services 07/21 LB5891WEBCO LB, LLC005699 ‐ $ 10,250.0009/02/2021 11741011.1033.596200 $ 15.75 Billing Services 07/21 2107069WITTMAN ENTERPRISES, LLC004527 ‐ $ 15.7509/02/2021 11742011.9019.520010 $ 14,981.16 008267024‐NEW ~ K17495790101 011.0014942ZONES, LLC005784 ‐ $ 14,981.1609/02/2021 11743Printed: 9/9/2021 10:32:32AMPage 23 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1046.520000 $ 7,607.49 Diesel Fuel 2213757 011.0014913MERRIMAC ENERGY GROUP000209 ‐ 011.1046.520000 $ 2.97 Fed UST ‐ DSL 2213757 011.0014913011.1046.520000 $ 6.36 Fed Oil Spill DSL 2213757 011.0014913011.1046.520000 $ 21.26 AB32 Fee Env Dest #2 DSL 2213757 011.0014913011.1046.520000 $ 1,156.89 State Excise Diesel 2213757 011.0014913011.1046.520000 $ 13,503.09 Regular Unleaded 87 Octane fuel 2213757011.0014913011.1046.520000 $ 4.95 FED UST GAS 2213757 011.0014913011.1046.520000 $ 7.87 State Environmental Gas 2213757 011.0014913011.1046.520000 $ 9.55 Fed Oil Spill Gas 2213757 011.0014913011.1046.520000 $ 21.77 CA Lead PrevenƟon 2213757 011.0014913011.1046.520000 $ 34.49 AB 32 Fee Env Dest #2 Gas 2213757 011.0014913011.1046.520000 $ 2,528.43 State Excise Tax 2213757 011.0014913011.1046.520000 $ 1,889.79 2213757$ 26,794.9109/02/2021 11744011.1060.595200 $ 2,400.00 Health Officer Services V024LAURENE MASCOLA006869 ‐ $ 2,400.0009/02/2021 11745011.1041.595200 $ 9,614.65 West‐Side Project Specific Plan 99388THE ARROYO GROUP006975 ‐ 011.1041.595200 $ 23,894.75 West‐Side Project Specific Plan 99429$ 33,509.4009/02/2021 11746Printed: 9/9/2021 10:32:32AMPage 24 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1049.520000 $ 1,583.82 Landscape Rocks 032221US BANK CORPORATE005594 ‐ 011.1049.520000 $ 93.08 Plants for City Hall 032221011.1049.520000 $ 393.81 Ranger Pro Herbicide 032221011.1023.550000 $ 478.46 AdverƟsement / PromoƟon Supplies 032221(10)011.1070.550000 $ 119.99 Freepik SubscripƟon 032221(10)011.1023.596600 $ 67.96 LA Times SubscripƟon 032221(10)055.8100.520000 $ 271.22 Supplies 032221(11)055.8400.520000 $ 11.00 Supplies 032221(11)055.8400.590000 $ 234.58 Supplies 032221(11)055.8000.570000 $ 13.00 Vehicle Expense 032221(11)011.1049.520000 $ 15.15 Supplies 032221(12)011.1043.520000 $ 1,286.86 Landscape Rocks 032221(13)011.1043.520000 $ 48.49 Meals / MeeƟng 032221(13)011.1043.520000 $ 1,888.87 Plants for City Hall 032221(13)011.1049.520000 $ 1,705.17 Folding Chairs & Tables 032221(14)011.9019.520010 $ 175.24 Adobe SubscripƟon 032221(15)011.9019.590110 $ 17.50 Helpdesk SoŌware 032221(15)011.9019.520010 $ 360.00 LastPass 032221(15)011.9019.520010 $ 265.98 Office 365 SubscripƟon 032221(15)011.9019.520010 $ 523.05 Supplies 032221(15)011.9019.590110 $ 14.32 Supplies 032221(15)011.9019.520010 $ 459.41 Supplies 032221(15)011.9019.520010 $ 31.92 VOIP App for IT 032221(15)Printed: 9/9/2021 10:32:32AMPage 25 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.9019.520010 $ 54.99 Zoom for Remote MeeƟngs 032221(15)US BANK CORPORATE005594 ‐ 011.9019.520010 $ 293.93 Zoom for Remote MeeƟngs 032221(15)011.9019.520010 $ 52.99 Adobe SubscripƟon 032221(15)011.9019.590110 $ 10.00 Anturis SoŌware 032221(15)011.9019.590110 $ 9.99 Cameras For VPU & PD 032221(15)011.9019.590110 $ 38.85 Canva SoŌware / VPU 032221(15)011.9019.590110 $ 1,420.28 Google Suite SubscripƟon 032221(15)011.9019.520010 $ 74.25 GoToAssist SoŌware 032221(15)011.9019.520010 $ 317.50 GoToAssist SoŌware 032221(15)011.9019.590110 $ 506.99 Helpdesk SoŌware 032221(15)011.1049.520000 $ 1,302.07 Supplies 032221(16)011.1046.520000 $ 1,572.99 Supplies 032221(17)011.1004.596550 $ 110.00 Membership Dues 032221(18)011.1031.596500 $ 545.50 Hotel / A. Madrigal 032221(19)011.1031.596500 $ 545.50 Hotel / N. Mannino 032221(19)011.1031.570000 $ 203.76 Supplies 032221(19)011.1031.520000 $ 1,356.83 Supplies 032221(19)011.1031.596700 $ 286.00 Training / I. Estrada 032221(19)011.1031.596700 $ 133.26 Training Materials 032221(19)011.1031.540000 $ 274.41 Uniforms 032221(19)011.1070.550000 $ 257.43 Labels For Covid‐19 SƟckers 032221(2)011.1002.520000 $ 99.06 Portable Chargers For Conference Room 032221(2)011.1002.520000 $ 243.15 Scale For Weight Room 032221(2)Printed: 9/9/2021 10:32:32AMPage 26 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1070.550000 $ 1,781.17 Spring Event Supplies 032221(2)US BANK CORPORATE005594 ‐ 011.1048.520000 $ 62.64 Air Pressure Switch 032221(20)011.1048.520000 $ 44.37 Dishwasher Door Cable Kit 032221(20)011.1049.520000 $ 1,422.70 Flower Supplies 032221(20)011.1049.520000 $ 96.25 Garage Door Opener & Remote 032221(20)011.1048.520000 $ 450.80 Supplies 032221(20)055.8100.590020 $ 209.36 Dispatch Maintenance 032221(21)055.8100.596700 $ 224.89 Dispatch Training 032221(21)055.9000.520000 $ 7.65 Postage 032221(21)011.199999 $ 142.00 Reimbursed Charge 032221(21)055.8200.590000 $ 329.65 Repairs & Maintenance 032221(21)055.8100.540000 $ 515.95 Uniforms 032221(21)055.9000.540000 $ 3,017.28 Uniforms 032221(21)011.1026.596900 $ 84.82 MLB EE RecogniƟon Event Supplies 032221(22)011.1031.570000 $ 122.00 Vehicle Expense 032221(23)011.1004.596550 $ 130.00 Membership Dues 032221(24)011.1046.520000 $ 24.07 2008 Ford F‐250 Tailgate Handle 032221(25)011.1046.520000 $ 59.44 Milwaukee 10 In Saw Chain 032221(25)011.1046.520000 $ 66.05 Milwaukee 16 In Saw Chain 032221(25)011.1047.520000 $ 755.39 Supplies 032221(26)011.1031.596700 $ 199.00 Training 032221(27)011.1049.520000 $ 1,240.31 6Ō Rectangular Table 032221(28)011.1043.520000 $ 1,584.37 Vinyl SƟcker Signs 032221(28)Printed: 9/9/2021 10:32:32AMPage 27 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1043.520000 $ 664.20 Water BoƩle Purchase 032221(28)US BANK CORPORATE005594 ‐ 011.1004.596550 $ 110.00 Membership Dues 032221(29)011.1004.596550 $ 75.00 Membership Dues / J. Lau 032221(29)011.1026.596900 $ 116.27 Employee RecogniƟon Program 032221(3)011.5031.560000 $ 66.69 Cable Service 032221(30)011.1031.596600 $ 124.95 Code Books 032221(30)055.8200.500230 $ 439.46 SCAQMD Fees 032221(31)011.1026.596200 $ 2.04 DL Record Request Fee 032221(32)011.1060.520000 $ 690.00 Hardware Supplies 032221(33)011.1060.520000 $ 475.01 Meals / Vaccine Team 032221(33)011.1060.520000 $ 1,042.01 Supplies 032221(33)020.1084.900000 $ 653.59 Supplies 032221(34)055.9000.596700 $ 198.00 Gas Supply & MarkeƟng 032221(4)055.9000.596550 $ 81.99 Cable Service 032221(5)011.1031.520000 $ 39.65 First Aid Supplies 032221(6)011.1001.596500 $ 225.98 Meals / MeeƟng 032221(7)011.1002.570000 $ 100.00 Vehicle Expense 032221(7)056.5600.520000 $ 27.29 Supplies 032221(8)011.1040.596550 $ 180.00 Professional License Renewal 032221(9)$ 37,650.9006/03/2021 11747Printed: 9/9/2021 10:32:32AMPage 28 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1043.520000 $ 3,959.57 Supplies 042221US BANK CORPORATE005594 ‐ 056.5600.596700 $ 613.41 Meals / Training 042221(10)056.5600.520000 $ 589.21 Supplies 042221(10)011.1040.520000 $ 136.85 Supplies 042221(11)011.1023.550000 $ 2,900.00 AdverƟsement / PromoƟon 042221(12)011.1023.596600 $ 129.95 LA Business Journal SubscripƟon 042221(12)011.1023.596600 $ 67.61 LA Times SubscripƟon 042221(12)055.8400.520000 $ 11.00 Supplies 042221(13)011.1049.520000 $ 594.00 DOT Physicals 042221(14)011.1048.520000 $ 69.30 Supplies 042221(14)011.1049.520000 $ 1,567.77 Supplies 042221(14)011.1043.520000 $ 3,728.95 Supplies 042221(15)011.9019.520010 $ 1,294.73 Supplies 042221(16)011.9019.520010 $ 439.90 Supplies 042221(16)011.9019.520010 $ 474.64 Supplies 042221(16)011.9019.590110 $ 33.06 Supplies 042221(16)011.9019.520010 $ 29.98 Adobe SubscripƟon 042221(16)011.9019.520010 $ 9.99 Helpdesk SoŌware 042221(16)011.9019.520010 $ 466.75 GoToAssist SoŌware 042221(16)011.9019.520010 $ 9.99 Arlo Camera SubscripƟon 042221(16)011.9019.520010 $ 239.90 Zoom for City Council MeeƟngs 042221(16)011.9019.520010 $ 69.98 Zoom for City Council MeeƟngs 042221(16)011.9019.520010 $ 1,412.90 Google Suite SubscripƟon 042221(16)Printed: 9/9/2021 10:32:32AMPage 29 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.9019.520010 $ 26.93 SoŌware 042221(16)US BANK CORPORATE005594 ‐ 011.9019.520010 $ 0.99 SoŌware 042221(16)011.9019.520010 $ 497.00 SoŌware 042221(16)011.9019.520010 $ 215.88 GoDaddy Upgrade 042221(16)011.9019.520010 $ 14.00 GoToMeeƟng Account 042221(16)011.9019.520010 $ 482.84 IP Phones 042221(16)011.9019.520010 $ 14.32 Prime SubscripƟon 042221(16)011.9019.520010 $ 18.00 ScreenCast SoŌware 042221(16)011.9019.520010 $ 31.16 GoDaddy Renewal 042221(16)011.9019.520010 $ 6,058.25 Generator for Health Event 042221(16)011.1024.510000 $ 71.77 Meals / MeeƟng 042221(17)011.1060.520000 $ 95.97 Supplies 042221(18)011.1060.520000 $ 1,000.00 Van Wrapping 042221(18)011.1048.520000 $ 485.11 Supplies 042221(19)011.1002.596500 $ 115.43 Meals / MeeƟng 042221(2)011.1002.520000 $ 163.12 Supplies 042221(2)011.1002.520000 $ 81.72 Training Supplies 042221(2)011.1046.520000 $ 318.47 Auto Parts 042221(20)011.1004.596550 $ 262.00 Membership Dues 042221(21)011.1004.596600 $ 252.80 Membership Dues 042221(21)011.1031.596500 $ 875.22 Hotel / G. MarƟnez 042221(22)011.1031.596700 $ 65.00 Training / P. Swinford 042221(22)011.1031.596500 $ 963.70 Training / R. Sousa 042221(22)Printed: 9/9/2021 10:32:32AMPage 30 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1031.596700 $ 150.15 Training Supplies 042221(22)US BANK CORPORATE005594 ‐ 011.1031.596500 $ 556.80 Travel / B. Gray 042221(22)011.1031.540000 $ 3.31 Uniforms 042221(22)011.1031.540000 $ 382.35 Police Badges 042221(22)011.1031.596700 $ 297.00 Police Records 042221(22)011.1031.520000 $ 53.80 Supplies 042221(22)011.1031.570000 $ 84.06 Supplies 042221(22)011.1031.596500 $ 941.00 Training / B. Gray 042221(22)011.1031.596500 $ 736.20 Training / G. Herrera 042221(22)011.1031.596700 $ 695.00 Training / J. Cross 042221(22)011.1031.596700 $ 695.00 Training / N. Perez 042221(22)011.1049.520000 $ 48.40 Supplies 042221(23)055.9000.550000 $ 331.00 AdverƟsement / PromoƟon 042221(24)055.8100.540000 $ 2,072.46 Uniforms 042221(24)011.1003.596300 $ 148.51 Meals / Canvassing Board 042221(25)011.1003.596300 $ 54.57 Meals / Municipal ElecƟon 042221(25)011.1003.520000 $ 426.78 Supplies 042221(25)011.1026.596905 $ 120.00 Meals / MeeƟng 042221(26)011.1031.570000 $ 104.53 Vehicle Expense 042221(27)011.1026.596900 $ 1,555.50 Employee RecogniƟon Program 042221(28)020.1084.520000 $ 1,899.83 Supplies 042221(29)011.1026.596900 $ 645.64 Employee RecogniƟon Program 042221(3)011.1026.520000 $ 58.43 Supplies 042221(3)Printed: 9/9/2021 10:32:32AMPage 31 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1046.520000 $ 1,888.86 Supplies 042221(30)US BANK CORPORATE005594 ‐ 011.1047.520000 $ 3,948.78 Supplies 042221(31)011.1031.570000 $ 90.03 Vehicle Expense 042221(32)011.1049.520000 $ 283.09 Supplies 042221(33)011.1043.520000 $ 664.20 Water BoƩle Purchase 042221(33)011.5031.560000 $ 66.69 Cable Service 042221(34)011.1031.520000 $ 30.70 Supplies 042221(34)055.8100.520000 $ 1,295.44 Supplies 042221(35)055.9000.596200 $ 1,770.00 Training / Staff042221(35)011.1026.596200 $ 52.00 FingerprinƟng / Live Scan 042221(36)011.1060.596600 $ 137.06 Supplies 042221(37)011.1060.520000 $ 244.33 Supplies 042221(37)011.1046.520000 $ 125.76 Supplies 042221(38)020.1084.520000 $ 2,677.28 Supplies 042221(39)020.1084.595200 $ 297.00 EMLS TesƟng 042221(4)055.9000.596550 $ 81.99 Cable Service 042221(5)055.9200.596200 $ 200.00 OATI Tagging 042221(5)011.1031.540000 $ 506.05 Uniforms 042221(6)020.1084.520000 $ 179.16 Supplies 042221(7)011.1002.570000 $ 62.14 Vehicle Expense 042221(8)011.1040.520000 $ 17.64 Rocketbook Mini 042221(9)011.1041.520000 $ 52.92 Rocketbook Mini 042221(9)011.1046.520000 $ 35.28 Rocketbook Mini 042221(9)Printed: 9/9/2021 10:32:32AMPage 32 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1049.520000 $ 17.64 Rocketbook Mini 042221(9)US BANK CORPORATE005594 ‐ $ 57,743.4806/03/2021 11748Printed: 9/9/2021 10:32:32AMPage 33 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1043.520000 $ 105.16 Supplies 052421US BANK CORPORATE005594 ‐ 055.8400.520000 $ 9.92 Logo Fees 052421(10)055.8400.520000 $ 33.00 Trophy / Awards 052421(10)011.1048.520000 $ 30.84 Supplies 052421(11)011.1043.520000 $ 242.12 Supplies 052421(12)011.9019.590110 $ 140.00 2nd Zoom Account 052421(13)011.9019.590110 $ 466.75 GoToAssist SoŌware 052421(13)011.9019.590110 $ 14.00 GoToMeeƟng SubscripƟon 052421(13)011.9019.590110 $ 532.00 Helpdesk SoŌware 052421(13)011.9019.590110 $ 531.96 Office 365 SubscripƟon 052421(13)011.9019.590110 $ 9.99 PM Ticket CreaƟon SoŌware 052421(13)011.9019.520010 $ 104.31 Security Book 052421(13)011.9019.590110 $ 26.93 SoŌware for VPU 052421(13)011.9019.520010 $ 130.08 Supplies 052421(13)011.9019.520010 $ 111.23 Toner Supplies 052421(13)011.9019.520010 $ 59.52 TV Bracket 052421(13)011.9019.520010 $ 69.99 ADFS.covpd.org Renewal 052421(13)011.9019.590110 $ 10.98 VOIP App for IT 052421(13)011.9019.590110 $ 20.00 Zendesk Helpdesk SoŌware 052421(13)011.9019.590110 $ 325.36 Zoom for City Council MeeƟngs 052421(13)011.9019.590110 $ 443.47 Adobe SubscripƟon 052421(13)011.9019.520010 $ 14.32 Amazon Prime Membership 052421(13)011.9019.590110 $ 9.99 Arlo Camera SubscripƟon 052421(13)Printed: 9/9/2021 10:32:32AMPage 34 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.9019.520010 $ 33.60 Audio Supplies 052421(13)US BANK CORPORATE005594 ‐ 011.9019.590110 $ 0.99 Bria VOIP App 052421(13)011.9019.520010 $ 198.00 EdiƟng SoŌware 052421(13)011.9019.590110 $ 1,392.00 Google Suite SubscripƟon 052421(13)011.1024.510000 $ 265.31 Meals / MeeƟng 052421(14)011.1060.520000 $ 228.30 Supplies 052421(15)011.1070.797000 $ 3,493.00 Wrap for Van 052421(15)011.1048.520000 $ 2,207.52 Handrails 052421(16)011.1049.520000 $ 76.40 Supplies 052421(16)011.1046.520000 $ 2,156.59 Supplies 052421(17)011.1004.520000 $ 5.49 Filing Fee 052421(18)011.1031.596700 $ 225.00 Dispatch Training / Diaz 052421(19)011.1031.596700 $ 219.00 Training / G. Garcia 052421(19)011.1031.596700 $ 89.57 Training / O. Zozaya 052421(19)011.1031.596700 $ 219.00 Training / Z. Vazquez 052421(19)011.1031.596700 $ 525.00 Training/ Z. Vazquez 052421(19)011.1031.596700 $ 219.00 Training/A. Huynh 052421(19)011.1031.596700 $ 89.57 Training/E. Hernandez 052421(19)011.1031.520000 $ 25.00 First Aid Supplies 052421(19)011.1031.596500 $ 588.96 Hotel / G. Herrera 052421(19)011.1031.596500 $ 650.67 Hotel / R. Sousa 052421(19)011.1031.540000 $ 99.20 Polos / Records 052421(19)011.1031.596700 $ 250.00 Public Records /N. Perez 052421(19)Printed: 9/9/2021 10:32:32AMPage 35 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1031.520000 $ 1,516.39 Supplies 052421(19)US BANK CORPORATE005594 ‐ 011.1031.540000 $ 1,328.29 Supplies 052421(19)011.1031.596700 $ 139.00 Training / D. Aggers 052421(19)011.1001.520000 $ 25.19 Badge for Council Member 052421(2)011.1070.550000 $ 1,377.44 Community Event Supplies 052421(2)011.1070.550000 $ 500.00 Meals / Community Event Deposit 052421(2)011.9019.590110 $ 502.60 Phone Repair 052421(2)011.1049.520000 $ 567.67 Sink 052421(20)011.1049.520000 $ 1,263.12 Supplies 052421(20)011.1048.520000 $ 89.40 Water Filter Replacement 052421(20)055.9000.596600 $ 281.48 Supplies 052421(21)055.8000.596700 $ 199.50 Training 052421(21)020.1084.596700 $ 150.00 Training/J. Torres 052421(21)011.1026.550000 $ 495.00 Job PosƟng 052421(22)011.1031.570000 $ 170.47 Vehicle Expense 052421(23)011.1004.520000 $ 39.20 Supplies 052421(24)011.1026.596900 $ 29.00 Logo Setup Fee 052421(25)011.1026.596900 $ 2,317.71 Supplies/Lunch Cooler 052421(25)020.1084.520000 $ 627.44 Supplies 052421(26)011.1046.520000 $ 871.26 Supplies 052421(27)011.1047.520000 $ 2,375.24 Supplies 052421(28)011.1031.596550 $ 145.00 Membership Renewal / R. Sousa 052421(29)011.199999 $ 1,458.10 Fraudulent Charge 052421(3)Printed: 9/9/2021 10:32:32AMPage 36 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1048.520000 $ 511.92 Water BoƩle Purchase 052421(30)US BANK CORPORATE005594 ‐ 011.5031.560000 $ 66.69 Cable Service 052421(31)011.1031.520000 $ 130.08 Supplies 052421(31)055.8400.520000 $ 26.42 Supplies 052421(32)055.9000.520000 $ 126.46 Supplies 052421(32)011.1026.596200 $ 215.48 Flowers 052421(33)011.1026.550000 $ 1,285.00 Job PosƟng 052421(33)011.1060.520000 $ 54.82 Meals / E‐Waste Event 052421(34)011.1060.596550 $ 596.00 Membership Dues 052421(34)011.1046.520000 $ 17.97 Supplies 052421(35)020.1084.520000 $ 883.18 Supplies 052421(36)055.9000.596550 $ 163.98 Cable Service 052421(4)055.9000.596700 $ 397.95 Flowers 052421(4)055.9000.596700 $ 7.71 Supplies 052421(4)011.1031.520050 $ 120.69 Meals / Community Outreach 052421(5)011.1031.596700 $ 481.00 Training / Ourique 052421(5)011.1031.540000 $ 449.43 Uniforms 052421(5)011.1002.596500 $ 35.00 Wi‐Fi Access 052421(6)011.1043.520000 $ 935.16 Convex Traffic Mirrors 052421(7)011.1041.520000 $ 33.05 Supplies 052421(7)011.1043.520000 $ 130.07 Supplies 052421(7)011.1040.596600 $ 119.88 Adobe SubscripƟon 052421(8)011.1023.596600 $ 67.96 LA Times SubscripƟon 052421(9)Printed: 9/9/2021 10:32:32AMPage 37 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1002.596550 $ 276.00 Membership Dues 052421(9)US BANK CORPORATE005594 ‐ 011.1002.520000 $ 68.62 Supplies 052421(9)$ 40,368.1107/29/2021 11749Printed: 9/9/2021 10:32:32AMPage 38 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1043.520000 $ 119.41 Meals / MeeƟng 062221US BANK CORPORATE005594 ‐ 011.1043.520000 $ 18.72 Supplies 062221011.1043.520000 $ 93.50 Meals 062221(10)011.1043.520000 $ 2,255.70 Plants for City Hall 062221(10)011.1043.520000 $ 1,537.65 Supplies 062221(10)011.1049.520000 $ 424.60 Supplies 062221(11)011.9019.590110 $ 211.24 Adobe SubscripƟon 062221(12)011.9019.590110 $ 495.00 SAP Crystal Reports SoŌware 062221(12)011.9019.520010 $ 26.93 SoŌware for VPU 062221(12)011.9019.520010 $ 891.21 Supplies 062221(12)011.9019.590110 $ 1,961.49 Supplies 062221(12)011.9019.590110 $ 524.50 Zendesk Helpdesk SoŌware 062221(12)011.9019.590110 $ 69.98 Zoom for City Council MeeƟngs 062221(12)011.9019.590110 $ 259.89 Zoom for Remote MeeƟngs 062221(12)011.9019.520010 $ 14.32 Amazon Prime Membership 062221(12)011.9019.520010 $ 9.99 Arlo Camera SubscripƟon 062221(12)011.9019.590110 $ 1,394.70 Google Suite SubscripƟon 062221(12)011.9019.590110 $ 480.75 GoToAssist SoŌware 062221(12)011.9019.520010 $ 76.00 Office 365 SubscripƟon 062221(12)011.9019.590110 $ 170.00 Office 365 SubscripƟon 062221(12)011.9019.590110 $ 19.98 Office 365 SubscripƟon 062221(12)011.9019.590110 $ 9.99 PM Ticket CreaƟon SoŌware 062221(12)011.1060.596550 $ 1,294.94 Membership Fees 062221(13)Printed: 9/9/2021 10:32:32AMPage 39 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1049.520000 $ 618.46 Faucet 062221(14)US BANK CORPORATE005594 ‐ 011.1049.520000 $ 3,167.65 Supplies 062221(14)011.1046.520000 $ 936.15 Auto Parts 062221(15)011.1031.540000 $ 85.83 Badge Repair 062221(16)011.1031.596700 $ 75.00 Training / A. Encinas 062221(16)011.1031.596700 $ 75.00 Training / C. Ourique 062221(16)011.1031.596500 $ 588.96 Training / G. Herrera 062221(16)011.1031.596700 $ 75.00 Training / M. Velez 062221(16)011.1031.596700 $ 1,125.00 Training RegistraƟon / Staff062221(16)011.1031.540000 $ 26.46 Uniforms 062221(16)011.1031.596500 $ 545.50 Dui Seminar / T. Flores 062221(16)011.1031.596500 $ 661.20 DUI Training / A. Arana 062221(16)011.1031.596500 $ 661.20 DUI Training / C. Saldana 062221(16)011.1031.596200 $ 62.00 Live Scan / Cedeno 062221(16)011.1031.520000 $ 575.74 Supplies 062221(16)011.1031.540000 $ 572.11 Supplies 062221(16)011.1031.520000 $ 1,239.13 Supplies 062221(16)011.1031.596700 $ 30.90 Training 062221(16)011.1049.520000 $ 1,752.18 Supplies 062221(17)055.9000.596700 $ 309.00 Training 062221(18)011.1003.596300 $ 147.69 Meals / Canvassing Board 062221(19)011.1003.520000 $ 1,338.62 Supplies 062221(19)011.1070.550000 $ 75.13 Community Event Supplies 062221(2)Printed: 9/9/2021 10:32:32AMPage 40 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1001.520000 $ 234.33 Council Member Shirts 062221(2)US BANK CORPORATE005594 ‐ 011.1026.550000 $ 994.00 Job PosƟng 062221(20)011.1046.520000 $ 1,750.22 Supplies 062221(21)011.1031.570000 $ 59.29 Vehicle Expense 062221(22)011.1004.596600 $ 362.20 Books & PublicaƟons 062221(23)011.1004.596550 $ 150.00 Membership Renewal / J. Lau 062221(23)011.5031.560000 $ 66.69 Cable Service 062221(24)011.1031.520000 $ 101.82 Supplies 062221(24)020.1084.550000 $ 287.12 Supplies 062221(25)020.1084.596700 $ 140.48 Supplies 062221(25)055.9000.520000 $ 573.91 Supplies 062221(25)020.1084.900000 $ 120.83 Supplies 062221(25)011.1026.550000 $ 400.00 Job PosƟng 062221(26)011.1060.520000 $ ‐7.66 Credit 062221(27)011.1060.596700 $ 90.00 ICC Exam Fee / M. Nano 062221(27)011.1060.596700 $ 90.00 ICC Exam Fee / T. Do 062221(27)011.1060.520000 $ 107.91 Supplies 062221(27)011.1046.520000 $ 165.31 Supplies 062221(28)011.1024.596700 $ 30.00 RegistraƟon / Z. Moussa 062221(29)011.1026.550000 $ 50.00 Job PosƟng 062221(3)011.199999 $ ‐1,458.10 Credit for Fraudulent Charge 062221(3)011.1031.596500 $ 545.50 DUI Seminar / C. Maciel 062221(4)011.1031.520000 $ 8,538.46 Supplies 062221(4)Printed: 9/9/2021 10:32:32AMPage 41 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1041.520000 $ 229.47 Supplies 062221(5)US BANK CORPORATE005594 ‐ 011.1049.520000 $ 5,000.00 Trees for City Hall 062221(6)011.1049.520000 $ 2,685.38 Water Tank Service for VaccinaƟon 062221(6)011.1002.520000 $ 41.28 Community Event Supplies 062221(7)011.1070.550000 $ 433.03 Community Event Supplies 062221(7)011.1023.596600 $ 135.57 LA Times SubscripƟon 062221(7)011.1001.520000 $ 37.88 Supplies 062221(7)020.1084.596700 $ 229.00 Training / R. Castellanos 062221(8)020.1084.596700 $ 229.00 Training / B. Linnert 062221(8)020.1084.596700 $ 229.00 Training / D. Gomez 062221(8)020.1084.596700 $ 229.00 Training / G. Aldrete 062221(8)020.1084.596700 $ 229.00 Training / J. Alvarado 062221(8)020.1084.596700 $ 229.00 Training / J. Fraga 062221(8)020.1084.596700 $ 229.00 Training / J. Gonzalez 062221(8)056.5600.596700 $ 229.00 Training / R. Zepeda 062221(8)020.1084.596700 $ 229.00 Training / W. Wall 062221(8)011.1048.520000 $ 87.35 Supplies 062221(9)011.1049.520000 $ 248.11 Supplies 062221(9)$ 51,455.7807/29/2021 11750Printed: 9/9/2021 10:32:32AMPage 42 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1003.520000 $ 66.54 Period: 06/21 742289586FEDEX000249 ‐ 011.1026.520000 $ 34.82 Period: 06/21 742289586011.1003.520000 $ 28.00 Period: 07/21 743104079055.9000.520000 $ 49.10 Period: 07/21 743792759055.9000.520000 $ 107.06 Period: 07/21 744501041011.1024.510000 $ 133.40 Period: 07/21 745206516$ 418.9208/05/2021 11751055.7100.520000 $ 1,366.07 Supplies 174952510001OFFICE DEPOT002190 ‐ 056.5600.520000 $ 49.38 Supplies 176356396001056.5600.520000 $ 316.04 Supplies 176361443001020.1084.520000 $ 295.48 Supplies 176379316001020.1084.520000 $ 42.16 Supplies 176399612001055.8000.520000 $ 101.64 Supplies 177662277001055.9000.520000 $ 15.05 Supplies 177662282001011.1060.520000 $ 32.51 Supplies 182856142001011.1031.520000 $ 37.47 Supplies 183902550001$ 2,255.8008/04/2021 11752Printed: 9/9/2021 10:32:32AMPage 43 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.8100.520000 $ 105.23 Supplies 163306974001OFFICE DEPOT002190 ‐ 055.9000.520000 $ 173.20 Supplies 163306974001055.9100.520000 $ 146.00 Supplies 163306974001055.8000.520000 $ 13.67 Supplies 164859621001055.8100.520000 $ 26.54 Supplies 164859621001055.9000.520000 $ 136.78 Supplies 164859621001056.5600.520000 $ 2.00 Supplies 164859621001055.7100.520000 $ 19.46 Supplies 165143339001055.7100.520000 $ 20.05 Supplies 165143501001055.9000.520000 $ 20.06 Supplies 165143501001055.8000.520000 $ 51.86 Supplies 170008214001055.9000.520000 $ 26.92 Supplies 170008319001$ 741.7708/04/2021 11753055.9200.560010 $ 652.66 Period: 06/21 070221SO CAL EDISON000059 ‐ $ 652.6608/04/2021 11754011.1033.560000 $ 17.28 Period: 06/10/21 ‐ 07/09/21 071321THE GAS COMPANY001581 ‐ 056.5600.560000 $ 24.75 Period: 06/10/21 ‐ 07/12/21 071421011.1049.560000 $ 1,038.53 Period: 06/10/21 ‐ 07/12/21 071421(2)$ 1,080.5608/04/2021 11755Printed: 9/9/2021 10:32:32AMPage 44 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1041.520000 $ 89.36 Period: 06/21 933312261(2)UPS001617 ‐ 011.1041.520000 $ 35.00 Period: 07/21 933312271(2)011.1041.520000 $ 49.15 Period: 07/21 933312281(2)011.9019.520010 $ 31.38 Period: 07/21 933312291(2)011.1041.520000 $ 82.83 Period: 07/21 933312291(2)$ 287.7208/05/2021 11756011.1049.520000 $ 5,906.70 Small Tools & Plumbing Hardware~ 063021_MULTIPLE 011.0014456HOME DEPOT CREDIT SERVICES001552 ‐ $ 5,906.7008/04/2021 11757011.1049.560000 $ 449.26 Period: 06/21 070221(2)SO CAL EDISON000059 ‐ 011.1049.560000 $ 57.01 Period: 07/21 072921$ 506.2708/12/2021 11758011.1049.560000 $ 781.64 Period: 06/21 071421(3)THE GAS COMPANY001581 ‐ $ 781.6408/12/2021 11759011.1043.900000 $ 57,268.00 Rehab of AtlanƟc Blvd Bridge over LA 080521LA WATER QUALITY CONTROL BOARD007014 ‐ $ 57,268.0008/13/2021 11760Printed: 9/9/2021 10:32:32AMPage 45 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1024.520000 $ 70.54 Supplies 174919477001OFFICE DEPOT002190 ‐ 056.5600.520000 $ 108.59 Supplies 176361446001055.7100.520000 $ 142.11 Supplies 177590824001055.8000.520000 $ 92.76 Supplies 177590824001055.9000.520000 $ 208.84 Supplies 177590824001055.9100.520000 $ 32.47 Supplies 177590824001055.9200.520000 $ 56.90 Supplies 177590824001055.8100.520000 $ 44.74 Supplies 177662276001055.9200.520000 $ 13.22 Supplies 177662280001011.9019.520000 $ 46.46 Supplies 179020304001011.1002.520000 $ 70.49 Supplies 179020304001011.9019.520000 $ 22.37 Supplies 179042293001011.1031.520000 $ 140.14 Supplies 183456852001$ 1,049.6308/25/2021 11761055.8000.520000 $ 27.46 Small Tools, Plumbing, & Hardware 061621_MULTIPLE 055.0002809HOME DEPOT CREDIT SERVICES001552 ‐ 055.8100.520000 $ 4.38 Small Tools, Plumbing, & Hardware 061621_MULTIPLE 055.0002809055.8400.590000 $ 1,071.54 Small Tools, Plumbing, & Hardware 061621_MULTIPLE 055.0002809056.5600.520000 $ 1,405.49 Building Supplies ~ 062921_MULTIPLE 056.0000617020.1084.520000 $ 199.76 Building Materials & Hardware~ 371411 011.0014441$ 2,708.6308/30/2021 11762Printed: 9/9/2021 10:32:32AMPage 46 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1049.560000 $ 449.26 Period: 07/21 080321SO CAL EDISON000059 ‐ $ 449.2608/27/2021 11763011.1049.560000 $ 35.95 Period: 07/09/21 ‐ 08/09/21 081121THE GAS COMPANY001581 ‐ 011.1049.560000 $ 988.49 Period: 07/12/21 ‐ 08/10/21 081221011.1049.560000 $ 637.57 Period: 07/12/21 ‐ 08/10/21 081221(2)$ 1,662.0108/30/2021 11764TOTAL ELECTRONIC$ 19,695,271.53Printed: 9/9/2021 10:32:32AMPage 47 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1031.596200 $ 665.00 Tracking Service Renewal INV9073963SI SECURITY SYSTEMS005544 ‐ $ 665.0008/03/2021 607768011.1046.520000 $ 285.90 YF218 Evaporator Core 34827 011.0014881ANAYA SERVICE CENTER006308 ‐ 011.1046.520000 $ 118.95 8L8Z19805C Blower Motor 34827 011.0014881011.1046.520000 $ 45.90 134A Freon 134 34827 011.0014881011.1046.590000 $ 640.00 Labor to remove dash and replace 34827 011.0014881011.1046.520000 $ 46.20 Sales Tax 10.25 34827$ 1,136.9508/03/2021 607769011.1031.590000 $ 1,047.35 SC Service Agreement 5221926BEARCOM006054 ‐ $ 1,047.3508/03/2021 607770Printed: 9/9/2021 10:32:32AMPage 48 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE055.8100.570000 $ 150.00 Booth Table Leg w/ Flush Mount 27"~ 4068 055.0002908BLACK & WHITE EMERGENCY VEHICL005366 ‐ 055.8100.570000 $ 250.00 Custom Made Table Top 7' x 2' 4068 055.0002908055.8100.570000 $ 144.99 24" Insignia Smart TV 720p, Fire TV~ 4068 055.0002908055.8100.570000 $ 167.99 32" Insignia Smart TV w/ Fire TV~ 4068 055.0002908055.8100.570000 $ 65.98 TV Wall Mount 4068 055.0002908055.8100.570000 $ 30.36 AC Outlets & Cover for TV & Laptops 4068 055.0002908055.8100.570000 $ 75.00 Romex 14/3 Electrical Wire 50' 4068 055.0002908055.8100.570000 $ 264.70 Rubber‐Cal Diamond Plate Rubber 4068 055.0002908055.8100.570000 $ 30.95 Henry Flooring Adhesive 4068 055.0002908055.8100.570000 $ 175.25 Antenna Plus AP‐MulƟmax 4068 055.0002908055.8100.570000 $ 155.70 Winegard RZ‐6000 Rayzar ZL RV TV 4068 055.0002908055.8100.570000 $ 18.95 Gang Wall Plate for TV ConnecƟon 4068 055.0002908055.8100.570000 $ 100.00 Wire, Terminals, Tie‐Wraps, & Hardware 4068 055.0002908055.8100.570000 $ 3,200.00 InstallaƟon of TV's, antennas, tables, 4068 055.0002908055.8100.570000 $ 167.06 Sales Tax 10.25 4068$ 4,996.9308/03/2021 607771020.1084.596200 $ 50.00 Lease Payment~ 21004690BNSF RAILWAY COMPANY000439 ‐ $ 50.0008/03/2021 607772011.1043.560000 $ 51.76 Period: 06/17/21 ‐ 7/19/21 072021CALIFORNIA WATER SERVICE CO000778 ‐ $ 51.7608/03/2021 607773Printed: 9/9/2021 10:32:32AMPage 49 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1043.590000 $ 1,925.70 Traffic Signal Maintenance~ MA210000014CITY OF LOS ANGELES TREASURER001229 ‐ 011.1043.590000 $ 1,925.70 Traffic Signal Maintenance~ MA210000045$ 3,851.4008/03/2021 607775020.1084.500140 $ 1,023.00 Water Quality TesƟng & ReporƟng 2100493VER01CLINICAL LAB OF SAN BERNARDINO003088 ‐ 020.1084.500140 $ 768.00 Water Quality TesƟng & ReporƟng 2100618VER01$ 1,791.0008/03/2021 607776011.1048.590000 $ 3,585.00 Removed & Replaced Wheels 19598COMMERCIAL DOOR OF LOS ANGELES000331 ‐ $ 3,585.0008/03/2021 607777055.8400.590000 $ 25.00 Refill Cylinders~ 641004 055.0002807CRAIG WELDING SUPPLY, CO000310 ‐ 055.8400.590000 $ 53.98 Refill Cylinders~ 641029 055.0002807$ 78.9808/03/2021 607778011.1031.594200 $ 371.94 Parking CitaƟon Processing Services 126914DATA TICKET, INC006191 ‐ $ 371.9408/03/2021 607779056.5600.520000 $ 1,511.84 Guard Post~ 12329 056.0000620DO IT AMERICAN MFG CO, LLC004397 ‐ 056.5600.520000 $ 143.63 Sales Tax 9.5% 12329$ 1,655.4708/03/2021 607780Printed: 9/9/2021 10:32:32AMPage 50 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE055.8100.540000 $ 311.94 100234 Flame‐Resistant Force® Short 3357569 055.0002885DUNGAREES, LLC005489 ‐ 055.8100.540000 $ 119.98 100234 Flame‐Resistant Force® Short 3357569 055.0002885055.8100.540000 $ 623.88 100234 Flame‐Resistant Force® Short 3357569 055.0002885055.8100.540000 $ 363.93 100234 Flame‐Resistant Force® Short 3357569 055.0002885055.8100.540000 $ 59.99 100234 Flame‐Resistant Force® Short 3357569055.0002885055.8100.540000 $ 207.96 100234 Flame‐Resistant Force® Short 3357569 055.0002885055.8100.540000 $ 391.93 100235 Flame‐Resistant Force® Long 3357569055.0002885055.8100.540000 $ 63.99 100235 Flame‐Resistant Force® Long 3357569 055.0002885055.8100.540000 $ 111.98 100235 Flame‐Resistant Force® Long 3357569055.0002885055.8100.540000 $ 111.98 100235 Flame‐Resistant Force® Long 3357569055.0002885055.8100.540000 $ 391.93 100235 Flame‐Resistant Force® Long 3357569055.0002885055.8100.540000 $ 63.99 100235 Flame‐Resistant Force® Long 3357569 055.0002885055.8100.540000 $ 111.98 100235 Flame‐Resistant Force® Long 3357569055.0002885055.8100.540000 $ 111.98 100235 Flame‐Resistant Force® Long 3357569055.0002885055.8100.540000 $ 312.36 Sales Tax 10.25 3357569020.1084.540000 $ 79.96 K126 Long Sleeve Workwear Crewneck 3357573 011.0014870020.1084.540000 $ 199.90 K126 Long Sleeve Workwear Crewneck 3357573011.0014870020.1084.540000 $ 199.90 K126 Long Sleeve Workwear Crewneck 3357573011.0014870020.1084.540000 $ 79.96 K126 Long Sleeve Workwear Crewneck 3357573 011.0014870020.1084.540000 $ 23.99 K126 Long Sleeve Workwear Crewneck 3357573 011.0014870020.1084.540000 $ 54.36 K87 Workwear T‐Shirt ‐ Medium Regular ‐ 3357573 011.0014870020.1084.540000 $ 81.54 K87 Workwear T‐Shirt ‐ Large Regular ‐ 3357573 011.0014870020.1084.540000 $ 190.26 K87 Workwear T‐Shirt ‐ X‐Large Regular 3357573 011.0014870Printed: 9/9/2021 10:32:32AMPage 51 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE020.1084.540000 $ 163.08 K87 Workwear T‐Shirt ‐ 2X‐Large Regular 3357573 011.0014870DUNGAREES, LLC005489 ‐ 020.1084.540000 $ 111.93 K87 Workwear T‐Shirt ‐ 3X‐Large Regular 3357573 011.0014870020.1084.540000 $ 121.45 Sales Tax 10.25 3357573$ 4,666.1308/03/2021 607781055.8400.590000 $ 622.50 InspecƟon for Reported Coolant Leak S91236DUTHIE POWER SERVICES006714 ‐ $ 622.5008/03/2021 607782011.1049.590000 $ 817.50 PreventaƟve Maintenance 67837FACILITIES PROTECTION SYSTEMS003423 ‐ 011.1049.590000 $ 2,228.55 PreventaƟve Maintenance 68492$ 3,046.0508/03/2021 607783020.1084.520000 $ 1,914.62 DOM 8 X 12 MJXPE C110 OFFSET L/A~ 760277011.0014840FERGUSON WATERWORKS000524 ‐ 020.1084.520000 $ 2,604.70 DOM 8 X 18 MJXPE C110 OFFSET L/A~ 760277011.0014840020.1084.520000 $ 463.23 Sales Tax 10.25 760277020.1084.520000 $ 1,245.90 LF 2 MIP X COMP BALL CORP ST~ 760278 011.0014842020.1084.520000 $ 1,642.65 LF 2 CTS X MTR ANG BV W/ LW~ 760278 011.0014842020.1084.520000 $ 296.07 Sales Tax 10.25 760278020.1084.520000 $ 4,071.40 CTS Grip Compression~ 761583 011.0014851020.1084.520000 $ 417.32 Sales Tax 10.25 761583$ 12,655.8908/03/2021 607784020.1084.500140 $ 783.95 Sodium Hypochlorite 144234FULLER ENGINEERING, INC006622 ‐ $ 783.9508/03/2021 607785Printed: 9/9/2021 10:32:32AMPage 52 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE056.5600.520000 $ 772.31 Building Hardware~ 9936429563 056.0000619GRAINGER, CO001712 ‐ 056.5600.520000 $ 135.01 Building Hardware~ 9944152033 056.0000619056.5600.520000 $ 40.34 Building Hardware~ 9944152041 056.0000619056.5600.520000 $ ‐24.02 Building Hardware~ 9967299687 056.0000619$ 923.6408/03/2021 607786020.1084.900000 $ 1,825.00 Molded Fiberglass GraƟng‐ Micro‐Mesh~ 249318IN 011.0014792GRATING PACIFIC, INC007021 ‐ 020.1084.900000 $ 185.00 Freight 249318IN 011.0014792020.1084.900000 $ 187.06 Sales Tax 10.25 249318IN$ 2,197.0608/03/2021 607787011.1049.520000 $ 3,595.00 6' ExecuƟve Series Steel Strap Bench 310014191 011.0014844HIGHLAND PRODUCTS GROUP, LLC007083 ‐ 011.1049.520000 $ 539.87 Freight 310014191 011.0014844$ 4,134.8708/03/2021 607788011.1031.596200 $ 875.00 IACP Net SubscripƟon~ 174722IACP000075 ‐ $ 875.0008/03/2021 607789011.1026.594200 $ 75.00 ParƟcipaƟon Fee 241354IGOE & COMPANY, INC000686 ‐ $ 75.0008/03/2021 607790020.1084.900000 $ 418.00 Paint Labor~ 17203 011.0014866J&H AUTO BODY003122 ‐ 020.1084.900000 $ 342.00 Paint Supplies~ 17203 011.0014866020.1084.900000 $ 35.06 Sales Tax 10.25 17203$ 795.0608/03/2021 607791Printed: 9/9/2021 10:32:32AMPage 53 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1043.520000 $ 1,407.50 Type I PlasƟc & Metal Barricade ~ 109092 011.0014796JCL TRAFFIC SERVICES005093 ‐ 011.1043.520000 $ 925.00 JBC Knob Top Delineator~ 109092 011.0014796011.1043.520000 $ 299.50 JCL 8# Base 109092 011.0014796011.1043.520000 $ 40.00 Freight 109092 011.0014796011.1043.520000 $ 273.88 Sales Tax 10.25 109092$ 2,945.8808/03/2021 607792011.1031.596200 $ 200.00 Pre‐Employment Polygraph Exam 202107007VPDJOE MAR POLYGRAPH & INV SVC, I006399 ‐ $ 200.0008/03/2021 607793011.1046.520000 $ 224.00 40398US Fine Thread Nuts and Bolts 9055039011.0014882KIMBALL MIDWEST004122 ‐ 011.1046.520000 $ 22.96 Sales Tax 10.25 9055039$ 246.9608/03/2021 607794020.1084.590000 $ 1,622.37 Equipment & Parts ~ 25857 011.0014849MATT CHLOR, INC007087 ‐ 020.1084.590000 $ 350.00 Service & Repair Labor~ 25857 011.0014849020.1084.590000 $ 85.00 Freight 25857 011.0014849020.1084.590000 $ 166.29 Sales Tax 10.25 25857020.1084.520000 $ 1,344.00 Tubing PE, .375 OD x .062 (Black)~ 25964011.0014847020.1084.520000 $ 45.42 Freight 25964 011.0014847020.1084.520000 $ 137.76 Sales Tax 10.25 25964$ 3,750.8408/03/2021 607795055.8100.570000 $ 218.00 Car Wash~ 1114 055.0002821MAYWOOD CAR WASH000870 ‐ $ 218.0008/03/2021 607796Printed: 9/9/2021 10:32:32AMPage 54 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE055.8000.900000 $ 5,760.00 Electric Meters~ 165762MCAVOY & MARKHAM ENGINEERING A000304 ‐ 055.8000.900000 $ 590.40 Sales Tax 10.25 165762055.8000.900000 $ 6,360.00 Electric Meters~ 166311055.8000.900000 $ 651.90 Sales Tax 10.25 166311$ 13,362.3008/03/2021 607797057.1057.596200 $ 1,000.00 CriƟcal Service Contract COV3596MILLENNIUM UPS, LLC006248 ‐ $ 1,000.0008/03/2021 607798011.1049.590000 $ 10,650.17 Install Vinyl Replacement Windows~ 16716MONTEBELLO GLASS & MIRROR CO.005780 ‐ $ 10,650.1708/03/2021 607799011.1026.597000 $ 138.00 Medical Services 72072920OCCUPATIONAL HEALTH CENTERS OF006586 ‐ $ 138.0008/03/2021 607800020.1084.900000 $ 1,024.00 Custom Panel~ 37699867 011.0014853PACIFIC PARTS & CONTROLS007079 ‐ 020.1084.900000 $ 35.00 Freight 37699867 011.0014853020.1084.900000 $ 104.96 Sales Tax 10.25 37699867$ 1,163.9608/03/2021 607801Printed: 9/9/2021 10:32:32AMPage 55 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1043.520000 $ 208.50 SMART BAND 3/4" x 100' NYLON PA‐66 28468 011.0014786PACIFIC PRODUCTS & SERVICES, L001500 ‐ 011.1043.520000 $ 306.00 SMART BAND 3/4" BUCKLE SB‐BU‐3/4 28468 011.0014786011.1043.520000 $ 163.10 MANUAL TOOL BLACK HANDLE ‐ 1/4" & 3/8" 28468 011.0014786011.1043.520000 $ 159.80 SAFLECTOR 3 SIDED 6' RED TYPE 11 REFECT 28468 011.0014786011.1043.520000 $ 83.85 SMASH RIVET REMOVER TOOL RIVENATOR 28468 011.0014786011.1043.520000 $ 21.50 RIVENATOR REPLACEMENT TIP RIVENATOR TIP28468 011.0014786011.1043.520000 $ 65.00 Freight 28468 011.0014786011.1043.520000 $ 103.29 Sales Tax 10.25 28468011.1043.520000 $ 125.00 TUBING STEP FOR 1‐3/4" ‐ 2" POST 28819 011.0014786011.1043.520000 $ 12.81 Sales Tax 10.25 28819$ 1,248.8508/03/2021 607802011.1046.590000 $ 680.00 Car Wash Services 283403QUALIFIED MOBILE, INC006612 ‐ 011.1046.590000 $ 816.00 Car Wash Services 283647$ 1,496.0008/03/2021 607803011.1049.590000 $ 1,500.00 Plumbing Maintenance Services 12593QUALITY JET ROOTER, INC004451 ‐ $ 1,500.0008/03/2021 607804011.1003.596300 $ 1,261.80 ElecƟon Services~ 213061REGISTRAR‐RECORDER/COUNTY CLK001931 ‐ $ 1,261.8008/03/2021 607805Printed: 9/9/2021 10:32:32AMPage 56 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1046.520000 $ 115.08 Auto Parts~ 39584 011.0014883S&A ENGINE, INC001685 ‐ 011.1046.590000 $ 190.00 Labor 39584 011.0014883011.1046.520000 $ 11.80 Sales Tax 10.25 39584$ 316.8808/03/2021 607806055.8100.520000 $ 79.00 VPU Business Cards ‐ Edwin Ochoa~ 27291 055.0002882SILVA'S PRINTING NETWORK003775 ‐ 055.8100.520000 $ 8.10 Sales Tax 10.25 27291$ 87.1008/03/2021 607807055.9000.900000 $ 4,100.00 Meteorological Services 2106SIMON WIND, INC005790 ‐ $ 4,100.0008/03/2021 607808056.5600.520000 $ 27.66 Pipe & Fiƫngs~ S3680077001 056.0000614SMARDAN SUPPLY CO004229 ‐ 056.5600.520000 $ 323.33 Pipe & Fiƫngs~ S3687912001 056.0000614$ 350.9908/03/2021 607809011.1031.594200 $ 2,088.50 Parking CitaƟons 06/21 080321SUPERIOR CT OF CAL OF LA005419 ‐ $ 2,088.5008/03/2021 607810011.1048.590000 $ 80.00 Pest Control 06/21~ 409402461TERMINIX COMMERCIAL006985 ‐ 011.1048.590000 $ 65.00 Pest Control 06/21~ 409402607011.1048.590000 $ 65.00 Pest Control 06/21~ 409402753011.1048.590000 $ 65.00 Pest Control 06/21~ 409402858011.1049.590000 $ 65.00 Pest Control 06/21~ 409403000011.1048.590000 $ 75.00 Pest Control 06/21~ 409403142$ 415.0008/03/2021 607811Printed: 9/9/2021 10:32:32AMPage 57 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.4031.596200 $ 1,610.22 West InformaƟon Charges 844467600THOMSON REUTERS ‐ WEST000141 ‐ 011.4031.596200 $ 1,395.63 West InformaƟon Charges 844634892$ 3,005.8508/03/2021 607812011.1031.596700 $ 750.00 TMS SoŌware Support SubscripƟon~ 21148TRAINING INNOVATIONS, INC000286 ‐ $ 750.0008/03/2021 607813055.8300.596200 $ 179.95 New Ticket Charges 620210783UNDERGROUND SERVICE ALERT000449 ‐ 055.8300.596200 $ 50.92 CA State Fee for Regulatory Costs DSB20203494$ 230.8708/03/2021 607814056.5600.590000 $ 3,864.00 Fencing & Repairs 19395UNITED STEEL FENCE COMPANY005030 ‐ $ 3,864.0008/03/2021 607815011.1049.520000 $ 981.15 #850555 WAXIE 3900 CLEAN & SOFT WHITE 80149730 011.0014927WAXIE SANITARY SUPPLY000986 ‐ 011.1049.520000 $ 932.55 #160730 WAXIE‐GREEN MANGO PLUS LIQUID80149730 011.0014927011.1049.520000 $ 196.15 Sales Tax 10.25 80149730$ 2,109.8508/03/2021 607816Printed: 9/9/2021 10:32:32AMPage 58 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1049.520000 $ 250.50 NoƟce to Customer Decal~ 226135 011.0014946ADART COMPANY005550 ‐ 011.1049.520000 $ 250.50 Stay Away ‐ English Decal~ 226135 011.0014946011.1049.590000 $ 250.50 Stay Away ‐ Spanish Decal~ 226135 011.0014946011.1049.520000 $ 250.50 You May Not Enter Decal ~ 226135 011.0014946011.1049.520000 $ 149.80 Employee Entrance Decal~ 226135 011.0014946011.1049.520000 $ 92.38 Sales Tax 10.25 226135011.1049.590000 $ 25.68 Sales Tax 10.25 226135$ 1,269.8608/10/2021 607817011.9019.590110 $ 415.00 Disaster Recovery Services 163497AGILITY RECOVERY SOLUTIONS005348 ‐ $ 415.0008/10/2021 607818011.9019.560010 $ 1,507.58 Period: 05/20/21 ‐ 06/19/21 062021AT&T001948 ‐ 011.9019.560010 $ 461.21 Period: 05/20/21 ‐ 06/19/21 062021(2)$ 1,968.7908/10/2021 607819055.9200.560010 $ 152.00 Period: 05/19/21 ‐ 06/18/21 5119892603AT&T001948 ‐ $ 152.0008/10/2021 607820011.9019.560010 $ 46.23 Period: 04/09/21 ‐ 05/08/21 832176480X05162021AT&T MOBILITY002889 ‐ $ 46.2308/10/2021 607821011.1031.590000 $ 1,047.35 SC Service Agreement 5237046BEARCOM006054 ‐ $ 1,047.3508/10/2021 607822Printed: 9/9/2021 10:32:32AMPage 59 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1043.596200 $ 2,648.66 2019 Underground Storage Tank 061821CA DEPARTMENT OF TAX & FEE ADM002242 ‐ $ 2,648.6608/10/2021 607823011.1043.520000 $ 2,878.88 Concrete 95055586CALPORTLAND COMPANY000256 ‐ 011.1043.520000 $ 800.98 Concrete 95085911$ 3,679.8608/10/2021 607824020.1084.900000 $ 244,366.60 Progress Payment #1~ 080321CEDRO CONSTRUCTION, INC007100 ‐ $ 244,366.6008/10/2021 607825011.1049.520000 $ 187.87 Refill Cylinders~ 641493 011.0014897CRAIG WELDING SUPPLY, CO000310 ‐ $ 187.8708/10/2021 607826011.1049.520000 $ 171.60 Electrical & Hardware Supplies~ 267779 011.0014462CURRENT WHOLESALE ELECTRIC SUP001336 ‐ 011.1049.520000 $ 416.57 Electrical & Hardware Supplies~ 267818 011.0014462011.1048.520000 $ 26.46 Electrical & Hardware Supplies~ 267819 011.0014462011.1049.520000 $ 1,337.53 Electrical & Hardware Supplies~ 268045 011.0014462$ 1,952.1608/10/2021 607827Printed: 9/9/2021 10:32:32AMPage 60 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1049.520000 $ 349.32 Regular Coffee Pouches~ 4167386 011.0014932F GAVINA & SONS, INC001926 ‐ 011.1049.520000 $ 40.00 Coffee SƟr SƟcks 7"~ 4167386 011.0014932011.1049.520000 $ 1,064.00 Coffee Beans 5lb Bags~ 4167386 011.0014932011.1049.520000 $ 307.74 French Vanilla Powder~ 4167386 011.0014932011.1049.520000 $ 279.48 Chocolate Powder~ 4167386 011.0014932011.1049.520000 $ 177.48 Cream Powder~ 4167386 011.0014932011.1049.520000 $ 4.10 Sales Tax 10.25 4167386$ 2,222.1208/10/2021 607828011.120010 $ 144.00 Air Filters~ 118756IN 011.0014945FLORENCE FILTER CORPORATION003489 ‐ 011.120010 $ 32.06 Freight 118756IN 011.0014945011.120010 $ 14.76 Sales Tax 10.25 118756IN$ 190.8208/10/2021 607829020.1084.900000 $ 7,869.00 CoaƟng InspecƟon Services ENG7365HARPER & ASSOCIATES ENGINEERIN000280 ‐ 020.1084.900000 $ 380.00 Engineering Services 05/21 ENG7366020.1084.900000 $ 14,878.00 CoaƟng InspecƟon Services ENG7397$ 23,127.0008/10/2021 607830020.1084.900000 $ 12,933.83 Professional Services 06/21 13929INFRASTRUCTURE ENGINEERING COR000706 ‐ $ 12,933.8308/10/2021 607831Printed: 9/9/2021 10:32:32AMPage 61 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.9019.560010 $ 295.78 Offsite Backup Tape Storage 202371033IRON MOUNTAIN000829 ‐ $ 295.7808/10/2021 607832055.8400.590000 $ 107.06 Small Tools, Plumbing & Building 114927 055.0002803LB JOHNSON HARDWARE CO #1000804 ‐ 020.1084.900000 $ 3.76 Small Tools, Plumbing & Building 114981 011.0014442055.8400.590000 $ 28.36 Small Tools, Plumbing & Building 115022 055.0002803055.8400.520000 $ 22.69 Small Tools, Plumbing & Building 115145 055.0002803020.1084.900000 $ 291.19 Small Tools, Plumbing & Building 115165 011.0014442055.8400.590000 $ 415.99 Small Tools, Plumbing & Building 115258 055.0002803020.1084.500140 $ 638.30 Small Tools, Plumbing & Building 115297 011.0014442$ 1,507.3508/10/2021 607833011.1031.596500 $ 24.00 Internal Affairs Training 070721PEREZ, NICHOLAS000296 ‐ $ 24.0008/10/2021 607835020.1084.520000 $ 109.15 Plumbing Hardware Supplies~ S1250852001 011.0014445PLUMBING & INDUSTRIAL SUPPLY001943 ‐ $ 109.1508/10/2021 607836011.1049.590000 $ 9,697.89 Janitorial Services 06/21~ 76545PRIORITY BUILDING SERVICES006416 ‐ 011.1049.590000 $ 8,660.00 Day Porter Services 06/21 76547011.1049.590000 $ 9,697.89 Janitorial Services 07/21~ 77180$ 28,055.7808/10/2021 607837Printed: 9/9/2021 10:32:32AMPage 62 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1043.596200 $ 250.00 Traffic Engineering Services VE21007QUANTUM QUALITY CONSULTING, IN006956 ‐ 011.1043.596200 $ 2,112.00 Traffic Engineering Services VE21008$ 2,362.0008/10/2021 607838011.1031.596700 $ 25.00 RegistraƟon / C. Saldana 080921RIO HONDO COLLEGE000805 ‐ 011.1031.596700 $ 25.00 RegistraƟon / A. Arana 080921(2)011.1031.596700 $ 25.00 RegistraƟon / R. Velasquez 080921(3)011.1031.596700 $ 25.00 RegistraƟon / P. Cam 080921(4)$ 100.0008/10/2021 607839011.1031.520000 $ 16.20 Laundry Services~ 11996 011.0014922STATE STREET LAUNDRY000191 ‐ 011.1031.520000 $ 11.70 Laundry Services~ 11997 011.0014922011.1031.520000 $ 9.00 Laundry Services~ 11998 011.0014922$ 36.9008/10/2021 607840011.1024.596600 $ 235.00 SoŌware SubscripƟon Charges 844772068THOMSON REUTERS ‐ WEST000141 ‐ 011.1031.596200 $ 1,276.60 SoŌware SubscripƟon Charges 844794415$ 1,511.6008/10/2021 607841011.1049.590000 $ 669.00 Elevator Service & Maintenance 3006015408THYSSENKRUPP ELEVATOR CORPORAT006132 ‐ $ 669.0008/10/2021 607842011.1049.900000 $ 16,085.59 Tuff Shed for 3375 Fruitland Ave 072421TUFF SHED, INC005330 ‐ $ 16,085.5908/10/2021 607843Printed: 9/9/2021 10:32:32AMPage 63 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE055.9000.560010 $ 495.92 Period: 05/24/21 ‐ 06/23/21 9882676762VERIZON WIRELESS001481 ‐ 011.9019.560010 $ 914.22 Period: 06/10/21 ‐ 07/11//21 9883765807$ 1,410.1408/10/2021 607844011.9019.560010 $ 589.22 Period: 06/21 71893814VERIZON BUSINESS SERVICES001481 ‐ $ 589.2208/10/2021 607845020.1084.900000 $ 180.00 Water Quality TesƟng & ReporƟng W1D1202COVERNONWECK LABORATORIES, INC001628 ‐ 020.1084.900000 $ 180.00 Water Quality TesƟng & ReporƟng W1D1685COVERNON020.1084.900000 $ 180.00 Water Quality TesƟng & ReporƟng W1D1686COVERNON$ 540.0008/10/2021 607846056.5600.520000 $ 1,769.65 Service ConnecƟon Materials~ IN14735 056.0000616A‐BEST INDUSTRIAL, INC004318 ‐ 056.5600.520000 $ 1,047.70 Service ConnecƟon Materials~ IN14736 056.0000616056.5600.520000 $ 2,236.34 Service ConnecƟon Materials~ IN14737 056.0000616056.5600.520000 $ 231.07 Service ConnecƟon Materials~ IN14738 056.0000616056.5600.900000 $ 552.72 Gas Inventory~ IN14739 056.0000633056.5600.900000 $ 1,817.40 Gas Inventory~ IN14739 056.0000633056.5600.900000 $ 1,977.96 Gas Inventory~ IN14739 056.0000633056.5600.900000 $ 93.46 Freight IN14739 056.0000633056.5600.900000 $ 413.07 Sales Tax 9.5% IN14739$ 10,139.3708/19/2021 607847Printed: 9/9/2021 10:32:32AMPage 64 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.9019.590110 $ 415.00 Disaster Recovery Services 165832AGILITY RECOVERY SOLUTIONS005348 ‐ $ 415.0008/19/2021 607848011.1046.520000 $ 101.33 Vehicle BaƩeries~ 6790877 011.0014856BATTERY SYSTEMS, INC004448 ‐ 011.1046.520000 $ 60.29 Vehicle BaƩeries~ 6839239 011.0014856$ 161.6208/19/2021 607849011.3060.440100 $ 5,000.00 Unspent Funds OPP10‐19‐0076 081121CAL RECYCLE006941 ‐ $ 5,000.0008/19/2021 607850011.1046.590000 $ 55.00 Front End Repair & Alignment Services~ 64617 011.0014861CALIFORNIA FRAME & AXLE001973 ‐ 011.1046.520000 $ 396.83 Front End Repair & Alignment Services~ 64715 011.0014861011.1046.590000 $ 280.00 Labor 64715 011.0014861011.1046.590000 $ 55.00 Front End Repair & Alignment Services~ 64749 011.0014861011.1046.590000 $ 160.00 Front End Repair & Alignment Services~ 64831 011.0014861$ 946.8308/19/2021 607851011.1046.520000 $ 128.36 Auto Parts~ 59602 011.0014857CAMINO REAL CHEVROLET000818 ‐ 011.1046.520000 $ 16.21 Auto Parts~ 59630 011.0014857$ 144.5708/19/2021 607852011.1046.520000 $ 199.64 Auto Parts~ 375067 011.0014859CENTRAL FORD004163 ‐ $ 199.6408/19/2021 607853Printed: 9/9/2021 10:32:32AMPage 65 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1043.520000 $ 19.22 First Aid Kit Restock 5065151924CINTAS CORPORATION005490 ‐ 011.1043.520000 $ 1.97 Sales Tax 10.25 5065151924011.1043.520000 $ 540.00 Truck Emergency Kits 9129623253011.1043.520000 $ 55.35 Sales Tax 10.25 9129623253$ 616.5408/19/2021 607854020.1084.900000 $ 1,050.09 Electrical & Hardware Supplies~ 268090 011.0014437CURRENT WHOLESALE ELECTRIC SUP001336 ‐ 020.1084.900000 $ 5.49 Electrical & Hardware Supplies~ 268091 011.0014437020.1084.900000 $ 149.83 Electrical & Hardware Supplies~ 268092 011.0014437055.8400.520000 $ 139.38 Electrical Parts~ 268093 055.0002808$ 1,344.7908/19/2021 607855055.8200.500230 $ 675.00 EPA ID# VerificaƟon & Hazardous Waste 080921DEPT OF TOXIC SUBSTANCES CTRL000620 ‐ $ 675.0008/19/2021 607856020.1084.520000 $ 2,304.00 Yale Padlocks ~ 243494 011.0014910EMERSON'S LOCKSMITH CO, INC001146 ‐ 020.1084.520000 $ 20.00 Engraving (COV‐W)~ 243494 011.0014910020.1084.520000 $ 25.00 Freight 243494 011.0014910020.1084.520000 $ 236.16 Sales Tax 10.25 243494$ 2,585.1608/19/2021 607857Printed: 9/9/2021 10:32:32AMPage 66 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1046.520000 $ 358.31 Auto Parts~ 124116083 011.0014862FACTORY MOTOR PARTS006696 ‐ 011.1046.520000 $ 2,909.81 Auto Parts~ 124116098 011.0014862$ 3,268.1208/19/2021 607858011.1049.590000 $ 2,570.06 Replace A/C Unit 22836FJR PACIFIC, INC005328 ‐ 011.1049.590000 $ 5,996.80 Replace A/C Unit 23101$ 8,566.8608/19/2021 607859011.1046.590000 $ 651.75 GPS ProPlus Plan IN282275GEOTAB USA, INC007107 ‐ $ 651.7508/19/2021 607860011.1046.520000 $ 125.00 Windshield Repair~ WOI0500868 011.0014886GTO AUTO GLASS004035 ‐ 011.1046.590000 $ 85.00 Labor to replace windshield. WOI0500868 011.0014886011.1046.520000 $ 11.88 Sales Tax 9.5% WOI0500868$ 221.8808/19/2021 607861011.1049.590000 $ 1,022.00 Fire Alarm TroubleshooƟng 87873777JOHNSON CONTROLS FIRE PROTECTI006350 ‐ $ 1,022.0008/19/2021 607862Printed: 9/9/2021 10:32:32AMPage 67 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1049.520000 $ 44.87 Small Tools, Plumbing & Building 113464 011.0014465LB JOHNSON HARDWARE CO #1000804 ‐ 055.8000.590000 $ 37.11 Small Tools, Plumbing & Building 114266 055.0002803055.8000.590000 $ 65.63 Small Tools, Plumbing & Building 114281 055.0002803011.1048.520000 $ 31.34 Small Tools, Plumbing & Building 115471 011.0014915011.1048.520000 $ 17.51 Small Tools, Plumbing & Building 115486 011.0014915011.1048.520000 $ 22.97 Small Tools, Plumbing & Building 115720 011.0014915011.1048.520000 $ 10.94 Small Tools, Plumbing & Building 115856 011.0014915055.8000.520000 $ 22.69 Small Tools, Plumbing & Building 411715 055.0002803$ 253.0608/19/2021 607863011.1070.550000 $ 988.00 NaƟonal Night Out Dunk Tank / Slide 318265MAGIC JUMP RENTALS, INC006170 ‐ $ 988.0008/19/2021 607864011.200100 $ 40.00 Ref. Gate Remote Deposit~ Ref000233918BRIAN MARTINEZ006961 ‐ $ 40.0008/19/2021 607865Printed: 9/9/2021 10:32:32AMPage 68 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1046.520000 $ 33.90 Auto Parts & Accessories~ 93113 011.0014864NAPA AUTO PARTS000309 ‐ 011.1046.520000 $ 225.54 Auto Parts & Accessories~ 93412 011.0014864011.1046.520000 $ 54.64 Auto Parts & Accessories~ 94073 011.0014864011.1046.520000 $ 75.87 Auto Parts & Accessories~ 94089 011.0014864011.1046.520000 $ 6.56 Auto Parts & Accessories~ 94096 011.0014864011.1046.520000 $ 36.78 Auto Parts & Accessories~ 94153 011.0014864011.1046.520000 $ 447.57 Auto Parts & Accessories~ 94191 011.0014864011.1046.520000 $ 371.36 Auto Parts & Accessories~ 94524 011.0014864011.1046.520000 $ ‐390.27 Auto Parts & Accessories~ 94706 011.0014864011.1046.520000 $ 64.47 Auto Parts & Accessories~ 95558 011.0014864$ 926.4208/19/2021 607866011.1046.520000 $ 30.00 Materials to Reupholster Arm Rest 3883 011.0014885NICK ALEXANDER RESTORATION000610 ‐ 011.1046.590000 $ 90.00 Labor to Reupholster Seat 3883 011.0014885011.1046.520000 $ 3.07 Sales Tax 10.25 3883$ 123.0708/19/2021 607867011.1046.520000 $ 219.28 Auto Parts & Accessories~ 3049347752 011.0014860O'REILLY AUTO PARTS005934 ‐ 011.1046.520000 $ 92.60 Auto Parts & Accessories~ 3049348628 011.0014860011.1046.520000 $ 18.94 Auto Parts & Accessories~ 3049351304 011.0014860011.1046.520000 $ 13.27 Auto Parts & Accessories~ 3049351500 011.0014860011.1046.520000 $ 40.00 Auto Parts & Accessories~ 3049352374 011.0014860$ 384.0908/19/2021 607868Printed: 9/9/2021 10:32:32AMPage 69 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1049.520000 $ 16.48 Plumbing Supplies & Building Hardware~ S1253296001 011.0014917PLUMBING & INDUSTRIAL SUPPLY001943 ‐ 011.1049.520000 $ 40.47 Plumbing Supplies & Building Hardware~ S1253443001 011.0014917011.1049.520000 $ 22.15 Plumbing Supplies & Building Hardware~ S1253688001 011.0014917$ 79.1008/19/2021 607869011.9019.590110 $ 4,500.00 Annual PreventaƟve Maintenance Plan 41783POWER DESIGN001514 ‐ $ 4,500.0008/19/2021 607870011.1048.596200 $ 1,480.00 Moving Services 54668PRODIGY MOVING & STORAGE, LLC006492 ‐ $ 1,480.0008/19/2021 607871011.1031.520000 $ 427.05 Emergency ProtecƟve Order 735022296PROFORMA EXPRESS GRAPHICS000163 ‐ 011.1031.520000 $ 531.87 Gun Violence Emergency ProtecƟve 735022297011.1031.520000 $ 445.74 Emergency ProtecƟve Order Forms 735022389$ 1,404.6608/19/2021 607872011.1046.590000 $ 1,012.50 Car Wash Services 285682QUALIFIED MOBILE, INC006612 ‐ 011.1046.590000 $ 990.00 Car Wash Services 285971011.1046.520000 $ 1,178.00 Car Wash Services 286217$ 3,180.5008/19/2021 607873011.3060.440100 $ 5,000.00 Unspent Advance Funds 1383501DEPT OF RESOURCES RECYCLING &006525 ‐ $ 5,000.0008/19/2021 607874Printed: 9/9/2021 10:32:32AMPage 70 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE020.1084.900000 $ 8,940.00 Air CondiƟoner Maintenance 202112701RUSHER AIR CONDITIONING006637 ‐ $ 8,940.0008/19/2021 607875020.1084.520000 $ 12,486.60 J40606 JONES J4060 FIRE HYD 6H~ S100175608001 011.0014872S & J SUPPLY COMPANY, INC006340 ‐ 020.1084.520000 $ 1,279.88 Sales Tax 10.25 S100175608001$ 13,766.4808/19/2021 607876011.1046.520000 $ 424.84 Torque Wrench~ ARV49191303 011.0014887SNAP‐ON INDUSTRIAL001960 ‐ 011.1046.520000 $ 104.90 Brake Caliper Spreader~ ARV49191303 011.0014887011.1046.520000 $ 54.30 Sales Tax 10.25 ARV49191303$ 584.0408/19/2021 607877011.1031.596200 $ 690.00 Medical Services 521143488STACY MEDICAL CENTER000380 ‐ 011.1031.596200 $ 1,115.00 Medical Services 521143913011.1031.596200 $ 670.00 Medical Services 521143965$ 2,475.0008/19/2021 607878011.1070.550000 $ 326.00 Pink Patch 2021 36867THE EMBLEM AUTHORITY006922 ‐ $ 326.0008/19/2021 607879011.1046.520000 $ 404.80 Tires~ 21839974 011.0014884TIREHUB, LLC006371 ‐ 011.1046.520000 $ 7.00 Tire Fee 21839974 011.0014884011.1046.520000 $ 38.46 Sales Tax 9.5% 21839974$ 450.2608/19/2021 607880Printed: 9/9/2021 10:32:32AMPage 71 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE020.1084.900000 $ 2,135.95 Cable for PP2 Generator~ S117957295001 011.0014826WALTERS WHOLESALE ELECTRIC, CO002886 ‐ 020.1084.900000 $ 218.94 Sales Tax 10.25 S117957295001020.1084.900000 $ 252.72 Misc Parts for Well 20~ S118201214001 011.0014852020.1084.900000 $ 60.48 Misc Parts for Well 20~ S118201214001 011.0014852020.1084.900000 $ 785.06 Misc Parts for Well 20~ S118201214001 011.0014852020.1084.900000 $ 112.56 Sales Tax 10.25 S118201214001020.1084.900000 $ 82.00 Misc Parts for Well 20~ S118201214002 011.0014852020.1084.900000 $ 117.30 Misc Parts for Well 20~ S118201214002 011.0014852020.1084.900000 $ 51.50 Misc Parts for Well 20~ S118201214002 011.0014852020.1084.900000 $ 25.73 Sales Tax 10.25 S118201214002020.1084.900000 $ 48.00 Misc Parts for Well 20~ S118201214003 011.0014852020.1084.900000 $ 239.52 Misc Parts for Well 20~ S118201214003 011.0014852020.1084.900000 $ 15.83 Freight S118201214003 011.0014852020.1084.900000 $ 31.11 Sales Tax 10.25 S118201214003020.1084.900000 $ 549.03 Misc Parts for Well 20~ S118201214004 011.0014852020.1084.900000 $ 120.29 Misc Parts for Well 20~ S118201214004 011.0014852020.1084.900000 $ 376.40 Misc Parts for Well 20~ S118201214004 011.0014852020.1084.900000 $ 107.17 Sales Tax 10.25 S118201214004020.1084.900000 $ 712.00 Misc Parts for Well 20~ S118201214005 011.0014852020.1084.900000 $ 54.50 Misc Parts for Well 20~ S118201214005 011.0014852020.1084.900000 $ 159.68 Misc Parts for Well 20~ S118201214005 011.0014852020.1084.900000 $ 94.95 Sales Tax 10.25 S118201214005Printed: 9/9/2021 10:32:32AMPage 72 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE020.1084.900000 $ 14.99 Freight S118201214006 011.0014852WALTERS WHOLESALE ELECTRIC, CO002886 ‐ 020.1084.900000 $ 1.54 Sales Tax 10.25 S118201214006055.8000.590000 $ 678.06 Electrical Parts~ S118252802001 055.0002804$ 7,045.3108/19/2021 607881055.8000.590000 $ 577.50 Oil Samples 5900309624WEIDMANN ELECTRICAL TECHNOLOGY002075 ‐ 055.8000.590000 $ 290.00 Oil Samples 5900311164055.8000.590000 $ 135.00 Oil Samples 5900311945055.8000.590000 $ 290.00 Oil Samples 5900314075055.8000.590000 $ 180.00 Oil Samples 5900314076055.8000.590000 $ 290.00 Oil Samples 5900316772055.8000.590000 $ 435.00 Oil Samples 5900317595055.8000.590000 $ 90.00 Oil Samples 5900317596$ 2,287.5008/19/2021 607882011.1043.520000 $ 58.32 Supplies for Street Division~ 10014540453 011.0014980WHITE CAP, LP001437 ‐ 011.1043.520000 $ 31.69 Supplies for Street Division~ 10014540453 011.0014980011.1043.520000 $ 118.74 Supplies for Street Division~ 10014540453 011.0014980011.1043.520000 $ 40.39 Supplies for Street Division~ 10014540453 011.0014980011.1043.520000 $ 58.03 Supplies for Street Division~ 10014540453 011.0014980011.1043.520000 $ 31.47 Sales Tax 10.25 10014540453$ 338.6408/19/2021 607883Printed: 9/9/2021 10:32:32AMPage 73 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1004.410211 $ 500.00 Ref. Fireworks Stand Deposits~ 082621TNT FIREWORKS005338 ‐ $ 500.0008/30/2021 607884011.1004.520000 $ 1,530.00 P.O. Box #58805 082621US POSTAL SERVICE001258 ‐ $ 1,530.0008/30/2021 607885011.9019.590110 $ 1,979.40 Period: 06/19/21 ‐ 07/18/21 7559323602AT&T001948 ‐ $ 1,979.4008/31/2021 607886055.9000.560010 $ 250.41 Period: 01/10/21 ‐ 02/09/21 16006181AT&T001948 ‐ 056.5600.560010 $ 673.24 Period: 01/10/21 ‐ 02/09/21 16006184056.5600.560010 $ 23.39 Period: 01/10/21 ‐ 02/09/21 16006283$ 947.0408/31/2021 607887011.9019.560010 $ 584.41 Period: 09/20/20 ‐ 10/19/20~ 102020(2)AT&T001948 ‐ $ 584.4108/31/2021 607888011.9019.560010 $ 46.23 Period: 05/08/21 ‐ 06/08/21 832176480X06162021AT&T MOBILITY002889 ‐ $ 46.2308/31/2021 607889011.240010 $ 800.00 4th Qtr FY 20/21 Surcharge TransmiƩal 082421SECRETARY FOR ENV. PROTECTION003037 ‐ 011.240020 $ 12,936.00 4th Qtr FY 20/21 Surcharge TransmiƩal 082421011.240021 $ 6,304.00 4th Qtr FY 20/21 Surcharge TransmiƩal 082421011.240022 $ 546.00 4th Qtr FY 20/21 Surcharge TransmiƩal 082421$ 20,586.0008/31/2021 607890Printed: 9/9/2021 10:32:32AMPage 74 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1047.540000 $ 4.88 First Aid Kit Restock 5070733450CINTAS CORPORATION005490 ‐ 011.1047.540000 $ 0.50 Sales Tax 10.00 5070733450$5.3808/31/2021 607891011.1031.594200 $ 8,344.78 Inmate Housing 04/21 ‐ 06/21 19736CITY OF HUNTINGTON PARK003846 ‐ $ 8,344.7808/31/2021 607892011.1026.596200 $ 52.00 Reimb. Live Scan 081621JORGE A. CRUZ007149 ‐ $ 52.0008/31/2021 607893011.1049.520000 $ 192.94 During the period of July 1, 2021 thru 268914 011.0014898CURRENT WHOLESALE ELECTRIC SUP001336 ‐ $ 192.9408/31/2021 607894055.7200.596702 $ 8,754.64 Customer IncenƟve Program 081821INCREMENTO, INC007147 ‐ $ 8,754.6408/31/2021 607895011.9019.560010 $ 304.89 Offsite Backup Tape Storage 202365508IRON MOUNTAIN000829 ‐ 011.9019.560010 $ 353.25 Offsite Backup Tape Storage 202395233$ 658.1408/31/2021 607896011.1031.596700 $ 200.00 RegistraƟon / R. Sousa 081721LACPCA000138 ‐ $ 200.0008/31/2021 607897Printed: 9/9/2021 10:32:32AMPage 75 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1046.520000 $ 166.00 Tires, Accessories & Repairs~ 3412 011.0014863LOPEZ & LOPEZ TIRE SERVICE003908 ‐ 011.1046.520000 $ 332.00 Tires, Accessories & Repairs~ 3413 011.0014863011.1046.520000 $ 352.15 Tires, Accessories & Repairs~ 3545 011.0014863011.1046.590000 $ 50.00 Labor 3548 011.0014863011.1046.520000 $ 335.50 Tires, Accessories & Repairs~ 3590 011.0014863011.1046.590000 $ 75.00 Labor 3642 011.0014863011.1046.520000 $ 510.70 Tires, Accessories & Repairs~ 3643 011.0014863011.1046.520000 $ 1,322.97 Tires, Accessories & Repairs~ 3648 011.0014863011.1046.590000 $ 50.00 Labor 3648 011.0014863011.1046.520000 $ 168.19 Tires, Accessories & Repairs~ 3654 011.0014863011.1046.520000 $ 166.00 Tires, Accessories & Repairs~ 3655 011.0014863011.1046.520000 $ 208.05 Tires, Accessories & Repairs~ 3676 011.0014863011.1046.520000 $ 386.75 Tires, Accessories & Repairs~ 3678 011.0014863011.1046.590000 $ 20.00 Labor 3682 011.0014863011.1046.520000 $ 496.25 Tires, Accessories & Repairs~ 3699 011.0014863011.1046.590000 $ 25.00 Labor 3699 011.0014863$ 4,664.5608/31/2021 607898011.1026.596200 $ 52.00 Reimb. Live Scan 082321HUGO MARTINEZ007146 ‐ $ 52.0008/31/2021 607899011.9019.590110 $ 1,017.53 Managed Print Services IN2069118MRC SMART TECHNOLOGY SOLUTIONS006203 ‐ $ 1,017.5308/31/2021 607900Printed: 9/9/2021 10:32:32AMPage 76 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE055.7200.596702 $ 3,650.40 Customer IncenƟve Program 081821MULTI COLOR APPAREL007148 ‐ $ 3,650.4008/31/2021 607901011.1026.597000 $ 93.50 Medical Services 71846367OCCUPATIONAL HEALTH CENTERS OF006586 ‐ 011.1026.597000 $ 138.00 Medical Services 72152028$ 231.5008/31/2021 607902011.9019.520010 $ 215.00 Time Tracking System 59377ONEPOINT HUMAN CAPITAL MGMT006475 ‐ $ 215.0008/31/2021 607903011.1049.590000 $ 3,500.00 Replaced Damaged Joists~ 164PARK CONSTRUCTION & MGMT, INC006749 ‐ $ 3,500.0008/31/2021 607904011.1049.520000 $ 552.23 Plumbing Supplies & Building Hardware~ S1253995001 011.0014917PLUMBING & INDUSTRIAL SUPPLY001943 ‐ $ 552.2308/31/2021 607905011.1046.590000 $ 6,500.00 Deposit to Resurface & Epoxy Garage VERNON0012021REDRHINO007114 ‐ $ 6,500.0008/31/2021 607906011.1026.596200 $ 288.00 Medical Services 86438200RELIANT IMMEDIATE CARE007150 ‐ 011.1026.596200 $ 288.00 Medical Services 86438300011.1026.596200 $ 144.00 Medical Services 94362700$ 720.0008/31/2021 607907Printed: 9/9/2021 10:32:32AMPage 77 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1031.596700 $ 25.00 RegistraƟon / E. Cerda 081921RIO HONDO COLLEGE000805 ‐ 011.1031.596700 $ 25.00 RegistraƟon / T. Flores 081921(2)011.1031.596700 $ 25.00 RegistraƟon / R. Landa 081921(3)011.1031.596700 $ 25.00 RegistraƟon / J. Lucas 081921(4)011.1031.596700 $ 25.00 RegistraƟon / C. Maciel 081921(5)011.1031.596700 $ 25.00 RegistraƟon / O. Zozaya 081921(6)$ 150.0008/31/2021 607908011.1060.595200 $ 1,270.00 Environmental RemediaƟon Services 04/211292039SESPE CONSULTING, INC006997 ‐ 011.1060.595200 $ 3,017.00 Environmental RemediaƟon Services 07/211305054$ 4,287.0008/31/2021 607909011.1002.520000 $ 79.00 Business Cards ‐ A. Kimmey~ 27310 011.0014983SILVA'S PRINTING NETWORK003775 ‐ 011.1002.520000 $ 8.10 Sales Tax 10.25 27310$ 87.1008/31/2021 607910020.1084.450122 $ 200.00 Ref. Temporary Water Hydrant ~ 081821SOUTHLAND BOX COMPANY002752 ‐ 020.230210 $ 800.00 Ref. Temporary Water Hydrant ~ 081821$ 1,000.0008/31/2021 607911055.7200.596702 $ 4,534.92 Customer IncenƟve Program 081821SPIRIT CLOTHING COMPANY005327 ‐ $ 4,534.9208/31/2021 607912011.200100 $ 270.00 Ref. Overpayment~ Ref000234198SUMMIT HOUSE007152 ‐ $ 270.0008/31/2021 607913Printed: 9/9/2021 10:32:32AMPage 78 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE055.9000.560010 $ 916.56 Period: 05/11/21 ‐ 06/10/21 9881609218VERIZON WIRELESS001481 ‐ 055.9000.560010 $ 431.90 Period: 06/24/21 ‐ 07/23/21 9884841881$ 1,348.4608/31/2021 607914055.7200.596702 $ 11,736.97 Customer IncenƟve Program 081821WEST PICO DISTRIBUTORS, LLC006436 ‐ $ 11,736.9708/31/2021 607915011.9019.590110 $ 2,333.24 Lease Payment~ 2671937XEROX FINANCIAL SERVICES, LLC000743 ‐ $ 2,333.2408/31/2021 607916020.1084.900000 $ 4,140.00 ConstrucƟon InspecƟon Services~ 2202Z&K CONSULTANTS, INC007125 ‐ $ 4,140.0008/31/2021 607917011.1026.594200 $ 75.00 ParƟcipaƟon Fee 236988IGOE & COMPANY, INC000686 ‐ $ 75.0009/01/2021 607918055.7200.596702 $ 603.33 Customer IncenƟve Program 051721PJ'S SLEEP COMPANY, INC006429 ‐ $ 603.3309/01/2021 607919TOTAL EARLY CHECKS$ 642,644.85Printed: 9/9/2021 10:32:32AMPage 79 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021RECAP BY FUNDFUNDELECTRONIC TOTALEARLY CHECK TOTALWARRANT TOTALGRAND TOTALS$ 3,410,104.57$ 3,626,548.10$0.00$ 216,443.53011 ‐ GENERAL715,208.441,059,716.660.00344,508.22020 ‐ WATER15,514,264.5615,577,327.560.0063,063.00055 ‐ LIGHT & POWER13,137.6030,767.700.0017,630.10056 ‐ NATURAL GAS42,556.3643,556.360.001,000.00057 ‐ FIBER OPTICGRAND TOTAL$ 20,337,916.38$0.00$ 642,644.85$ 19,695,271.53TOTAL CHECKS TO BE PRINTED 0Printed: 9/9/2021 10:32:32AMPage 80 of 81 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 73SEPTEMBER 21, 2021VOID LISTCHECKNUMBERVENDOR NAMEAMOUNT607774 CINTAS CORPORATION $ 616.54607834 LUCAS, JASON 412.32Printed: 9/9/2021 10:32:32AMPage 81 of 81 City Council Agenda Item Report Agenda Item No. COV-791-2021 Submitted by: John Lau Submitting Department: Finance/Treasury Meeting Date: September 21, 2021 SUBJECT City Payroll Warrant Register Recommendation: Approve City Payroll Warrant Register No. 783, for the period of August 1 through August 31, 2021, totaling $2,442,887.19 and consisting of ratification of direct deposits, checks and taxes totaling $1,629,586.75 and ratification of checks and electronic fund transfers (EFT) for payroll related disbursements totaling $813,300.44 paid through operating bank account. Background: Section 2.13 of the Vernon Municipal Code indicates the City Treasurer, or an authorized designee, shall prepare warrants covering claims or demands against the City which are to be presented to City Council for its audit and approval. Pursuant to the aforementioned code section, the City Treasurer has prepared City Payroll Account Warrant Register No. 783 covering claims and demands presented during the period of August 1 through August 31, 2021, drawn, or to be drawn, from East West Bank for City Council approval. Fiscal Impact: The fiscal impact of approving City Payroll Warrant Register No. 783, totals $2,442,887.19. The Finance Department has determined that sufficient funds to pay such claims/demands, are available in the respective accounts referenced on City Payroll Warrant Register No. 783. Attachments: 1. City Payroll Account Warrant Register No. 783 Raquel Franco | 9/9/2021 10:39 AMPAYROLL WARRANT REGISTERCity of VernonNo.783Month ofAugust 2021I hereby Certify: that claims or demands covered by the This is to certify that the claims or demandsabove listed warrants have been audited as to accuracycovered by the above listed warrants have beenand availability of funds for payments thereof; and thataudited by the City Council of the City of Vernonsaid claims or demands are accurate and that funds areand that all of said warrants are approved for pay-available for payments thereof.mentsScott A. WilliamsDATEDirector of Finance / City TreasurerDATEDate:Page 1 of 1Payroll Warrant Register Memo : Warrant9/9/2021 Payrolls reported for the month of August 07/18/2021 - 07/31/2021, Paydate 08/12/2021 07/28/2021 - 07/29/2021, Paydate 08/12/2021 08/12/2021 - 08/12/2021, Paydate 08/12/2021 08/01/2021 - 08/14/2021, Paydate 08/26/2021 Payment Method Date Payment Description Amount ACH 08/12/21 Net payroll, checks 7,580.84$ ACH 08/12/21 Net payroll, direct deposits 582,292.35 ACH 08/12/21 Payroll taxes 153,531.62 ACH 08/12/21 Net payroll, direct deposits 65,732.04 ACH 08/12/21 Payroll taxes 29,987.30 ACH 08/12/21 Net payroll, checks 880.00 ACH 08/12/21 Net payroll, direct deposits 36,400.00 ACH 08/26/21 Net payroll, checks 9,539.15 ACH 08/26/21 Net payroll, direct deposits 587,183.94 ACH 08/26/21 Payroll taxes 156,459.51 Total net payroll and payroll taxes 1,629,586.75 11773 08/12/21 ICMA 26,714.64 11772 08/12/21 IBEW Dues 3,149.45 11771 08/12/21 Vernon Police Officers' Benefit Association 2,012.50 11776 08/16/21 CalPERS 186,006.53 11777 08/13/21 California State Disbursement Unit 41.53 11768 09/02/21 Mutual of Omaha 10,003.18 11769 09/03/21 AFLAC 9,791.84 11770 09/03/21 Colonial 6,403.79 11765 08/05/21 Blue Shield of California 323,234.21 11766 08/05/21 Metlife - Group Benefits 26,309.74 11767 08/11/21 MES Vision 3,684.27 11780 08/26/21 ICMA 27,028.25 11779 08/26/21 Teamsters Local 911 2,160.00 11778 08/26/21 Vernon Police Officers' Benefit Association 2,012.50 11783 08/27/21 CalPERS 184,706.48 11784 08/27/21 California State Disbursement Unit 41.53 Payroll related disbursements, paid through Operating bank account 813,300.44 Total net payroll, taxes, and related disbursements 2,442,887.19$ Page 1 of 1 City Council Agenda Item Report Agenda Item No. COV-792-2021 Submitted by: Diana Figueroa Submitting Department: Fire Department Meeting Date: September 21, 2021 SUBJECT Fire Department Activity Report Recommendation: Receive and file the July 2021 Fire Department Activity Report. Background: Attached is a copy of a Fire Department Activity Report which covers the period of July 1 through July 31, 2021. The report is provided by Los Angeles County Fire and consists of incident details and a summary for the month. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Fire Department Activity Report - July 2021 Los Angeles County Fire Department July 2021 Vernon Report City Details Alarm Date Time Basic Incident Number (FD1) Cad Initial Cad Incident Type Description Incident Type Address Basic Incident Full Street Address Basic First Arrived At Scene Apparatus ID Basic Property Losses (FD1.35) Basic Content Losses (FD1.36) 07/01/21 LAC21201140 TCB 611 - Dispatched and cancelled en route South DOWNEY VERNON CA 90058 South DOWNEY Road 07/01/21 LAC21201398 ALRA 700 - False alarm or false call, other 4901 BANDINI VERNON CA 90201 4901 BANDINI Boulevard 07/01/21 LAC21201623 SICKB 321 - EMS call, excluding vehicle accident with injury 3737 South SOTO VERNON CA 90058 3737 South SOTO Street E52 07/02/21 LAC21202417 ALRWF 611 - Dispatched and cancelled en route 4584 East 50TH VERNON CA 90058 4584 East 50TH Street 07/02/21 LAC21202600 STRC 111 - Building fire 2440 East 38TH VERNON CA 90058 2440 East 38TH Street S13 0 0 07/02/21 LAC21202702 INJA 321 - EMS call, excluding vehicle accident with injury South PACIFIC VERNON CA 90058 South PACIFIC Boulevard E52 07/02/21 LAC21202889 TCB 321 - EMS call, excluding vehicle accident with injury 4260 CHARTER VERNON CA 90058 4260 CHARTER Street E13 07/02/21 LAC21203118 911 321 - EMS call, excluding vehicle accident with injury East VERNON VERNON CA 90058 East VERNON Avenue E52 07/02/21 LAC21203159 BLEEDB 321 - EMS call, excluding vehicle accident with injury 4401 South DOWNEY VERNON CA 90058 4401 South DOWNEY Road E13 07/02/21 LAC21203168 CP 321 - EMS call, excluding vehicle accident with injury 3843 South SOTO VERNON CA 90058 3843 South SOTO Street E52 07/03/21 LAC21203440 ALRWF 700 - False alarm or false call, other 4423 BANDINI VERNON CA 90023 4423 BANDINI Boulevard E27 07/03/21 LAC21203452 SICKA 321 - EMS call, excluding vehicle accident with injury 5563 South ALCOA VERNON CA 90058 5563 South ALCOA Avenue S13 07/03/21 LAC21203800 RUB 611 - Dispatched and cancelled en route East WASHINGTON VERNON CA 90023 East WASHINGTON Boulevard E52 07/03/21 LAC21204453 ALRA 500 - Service call, other 4900 South SOTO VERNON CA 90058 4900 South SOTO Street E13 07/04/21 LAC21205305 MISC1 150 - Outside rubbish fire, other 4462 South PACIFIC VERNON CA 90058 4462 South PACIFIC Boulevard E52 07/05/21 LAC21206448 TCB 300 - Rescue, EMS incident, other 3333 South DOWNEY VERNON CA 90023 3333 South DOWNEY Road E52 07/05/21 LAC21206516 ALRWF 611 - Dispatched and cancelled en route 4423 BANDINI VERNON CA 90023 4423 BANDINI Boulevard Q27 07/05/21 LAC21206894 UNC 300 - Rescue, EMS incident, other 2500 South ALAMEDA VERNON CA 90058 2500 South ALAMEDA Street E52 07/06/21 LAC21207768 STRC 442 - Overheated motor 3336 FRUITLAND VERNON CA 90058 3336 FRUITLAND Avenue S13 0 0 Alarm Date Time Basic Incident Number (FD1) Cad Initial Cad Incident Type Description Incident Type Address Basic Incident Full Street Address Basic First Arrived At Scene Apparatus ID Basic Property Losses (FD1.35) Basic Content Losses (FD1.36) 07/06/21 LAC21208037 STRC 700 - False alarm or false call, other 2360 East 48TH VERNON CA 90058 2360 East 48TH Street E52 07/06/21 LAC21208051 INJA 321 - EMS call, excluding vehicle accident with injury 2145 East 49TH VERNON CA 90058 2145 East 49TH Street E13 07/07/21 LAC21208641 GRS 600 - Good intent call, other South ALAMEDA VERNON CA 90058 South ALAMEDA Street E52 07/07/21 LAC21208802 TCT 321 - EMS call, excluding vehicle accident with injury East VERNON VERNON CA 90058 East VERNON Avenue E52 07/07/21 LAC21208927 EMS 321 - EMS call, excluding vehicle accident with injury 2164 25TH VERNON CA 90058 2164 25TH Street E52 07/07/21 LAC21208987 EMS 300 - Rescue, EMS incident, other 2601 South SOTO VERNON CA 90023 2601 South SOTO Street E52 07/07/21 LAC21209020 ALRWF 730 - System malfunction, other 5501 South DOWNEY VERNON CA 90058 5501 South DOWNEY Road 07/07/21 LAC21209050 ALRWF 744 - Detector activation, no fire - unintentional 3751 SEVILLE VERNON CA 90058 3751 SEVILLE Avenue E52 07/07/21 LAC21209052 ALRA 730 - System malfunction, other 3300 BANDINI VERNON CA 90023 3300 BANDINI Boulevard E13 07/07/21 LAC21209056 ALRWF 611 - Dispatched and cancelled en route 3113 East 26TH VERNON CA 90023 3113 East 26TH Street 07/07/21 LAC21209250 ALRA 700 - False alarm or false call, other 4500 BANDINI VERNON CA 90040 4500 BANDINI Boulevard E27 07/07/21 LAC21209476 INJA 300 - Rescue, EMS incident, other 2808 East 54TH VERNON CA 90058 2808 East 54TH Street E13 07/07/21 LAC21209752 CP 321 - EMS call, excluding vehicle accident with injury South SOTO VERNON CA 90058 South SOTO Street S13 07/07/21 LAC21209756 UNC 300 - Rescue, EMS incident, other 3211 FRUITLAND VERNON CA 90058 3211 FRUITLAND Avenue E13 07/08/21 LAC21209785 SICKA 300 - Rescue, EMS incident, other 3375 FRUITLAND VERNON CA 90058 3375 FRUITLAND Avenue S13 07/08/21 LAC21209929 ALREMS 600 - Good intent call, other 3825 South SANTA FE VERNON CA 90058 3825 South SANTA FE Avenue E52 07/08/21 LAC21210143 INJB 321 - EMS call, excluding vehicle accident with injury East 52ND DR VERNON CA 90270 East 52ND DR E163 07/08/21 LAC21210210 SICKA 300 - Rescue, EMS incident, other 2638 East VERNON VERNON CA 90058 2638 East VERNON Avenue E52 07/08/21 LAC21210900 VEHL 4310 MAYWOOD VERNON CA 90058 4310 MAYWOOD E13 07/09/21 LAC21211184 INJA 300 - Rescue, EMS incident, other SANTA FE VERNON CA 90255 SANTA FE Avenue E52 Alarm Date Time Basic Incident Number (FD1) Cad Initial Cad Incident Type Description Incident Type Address Basic Incident Full Street Address Basic First Arrived At Scene Apparatus ID Basic Property Losses (FD1.35) Basic Content Losses (FD1.36) 07/09/21 LAC21211388 ELEV 353 - Removal of victim(s) from stalled elevator 2761 FRUITLAND VERNON CA 90058 2761 FRUITLAND Avenue E52 07/09/21 LAC21211594 INJB 321 - EMS call, excluding vehicle accident with injury 2944 East 44TH VERNON CA 90058 2944 East 44TH Street E52 07/09/21 LAC21211829 ALRWF 735 - Alarm system sounded due to malfunction 3055 East 44TH VERNON CA 90058 3055 East 44TH Street E52 07/09/21 LAC21211928 EMS 321 - EMS call, excluding vehicle accident with injury 3301 East LEONIS VERNON CA 90058 3301 East LEONIS Boulevard S13 07/09/21 LAC21212001 DB 321 - EMS call, excluding vehicle accident with injury 5000 DISTRICT VERNON CA 90058 5000 DISTRICT Boulevard S163 07/10/21 LAC21212409 EYE 321 - EMS call, excluding vehicle accident with injury 4580 South PACIFIC VERNON CA 90058 4580 South PACIFIC Boulevard E52 07/10/21 LAC21212439 ALRWF 735 - Alarm system sounded due to malfunction 3113 East 26TH VERNON CA 90023 3113 East 26TH Street E52 07/10/21 LAC21212574 GRS 600 - Good intent call, other 710 FWY VERNON CA 90040 710 FWY E27 07/10/21 LAC21212584 MISC1 151 - Outside rubbish, trash or waste fire East 55TH VERNON CA 90058 East 55TH Street Q13 07/10/21 LAC21212661 SICKB 300 - Rescue, EMS incident, other 3851 South SOTO VERNON CA 90058 3851 South SOTO Street E52 07/10/21 LAC21212669 911 321 - EMS call, excluding vehicle accident with injury 5669 South SANTA FE VERNON CA 90058 5669 South SANTA FE Avenue E52 07/10/21 LAC21212763 INVO 700 - False alarm or false call, other South SANTA FE VERNON CA 90058 South SANTA FE Avenue 07/11/21 LAC21214108 BACKA 321 - EMS call, excluding vehicle accident with injury 6100 MALBURG VERNON CA 90058 6100 MALBURG Way S13 07/11/21 LAC21214386 INVO 521 - Water evacuation East SLAUSON VERNON CA 90058 East SLAUSON Avenue Q13 07/11/21 LAC21214439 ALRA 611 - Dispatched and cancelled en route 3188 East SLAUSON VERNON CA 90058 3188 East SLAUSON Avenue 07/11/21 LAC21214559 SICKB 321 - EMS call, excluding vehicle accident with injury South SOTO VERNON CA 90058 South SOTO Street E52 07/11/21 LAC21214608 GRS 151 - Outside rubbish, trash or waste fire South SOTO VERNON CA 90058 South SOTO Street E52 07/12/21 LAC21214802 UNC 321 - EMS call, excluding vehicle accident with injury 2840 South ALAMEDA VERNON CA 90058 2840 South ALAMEDA Street E52 07/12/21 LAC21215024 TCA 321 - EMS call, excluding vehicle accident with injury Atlantic South ATLANTIC VERNON CA 90040 Atlantic South ATLANTIC Boulevard S13 Alarm Date Time Basic Incident Number (FD1) Cad Initial Cad Incident Type Description Incident Type Address Basic Incident Full Street Address Basic First Arrived At Scene Apparatus ID Basic Property Losses (FD1.35) Basic Content Losses (FD1.36) 07/12/21 LAC21215057 CP 321 - EMS call, excluding vehicle accident with injury 3049 East VERNON VERNON CA 90058 3049 East VERNON Avenue S13 07/12/21 LAC21215222 INJA 321 - EMS call, excluding vehicle accident with injury 3650 East 26TH VERNON CA 90023 3650 East 26TH Street E52 07/12/21 LAC21215231 MISC1 600 - Good intent call, other East WASHINGTON VERNON CA 90023 East WASHINGTON Boulevard E52 07/12/21 LAC21215399 GRS 900 - Special type of incident, other 3000 East 46TH VERNON CA 90058 3000 East 46TH Street E52 07/12/21 LAC21215580 DB 321 - EMS call, excluding vehicle accident with injury 2731 South SOTO VERNON CA 90023 2731 South SOTO Street S13 07/13/21 LAC21216226 INJA 321 - EMS call, excluding vehicle accident with injury FRUITLAND VERNON CA 90058 FRUITLAND Avenue E13 07/13/21 LAC21216639 CHOKE 321 - EMS call, excluding vehicle accident with injury East 52ND DR VERNON CA 90270 East 52ND DR E163 07/14/21 LAC21216997 ASSLTA 321 - EMS call, excluding vehicle accident with injury 4291 BANDINI VERNON CA 90023 4291 BANDINI Boulevard S13 07/14/21 LAC21217084 ALRWF 745 - Alarm system activation, no fire - unintentional 2275 East 37TH VERNON CA 90058 2275 East 37TH Street E52 07/14/21 LAC21217097 TCB 321 - EMS call, excluding vehicle accident with injury South SANTA FE VERNON CA 90058 South SANTA FE Avenue E52 07/14/21 LAC21217595 TCA 321 - EMS call, excluding vehicle accident with injury Soto FRUITLAND VERNON CA 90058 Soto FRUITLAND Avenue E13 07/14/21 LAC21217671 HYD 600 - Good intent call, other East WASHINGTON VERNON CA 90023 East WASHINGTON Boulevard E52 07/14/21 LAC21218062 SICKA 321 - EMS call, excluding vehicle accident with injury South SANTA FE VERNON CA 90058 South SANTA FE Avenue E52 07/15/21 LAC21218516 ASSLTB 321 - EMS call, excluding vehicle accident with injury 2820 South SOTO VERNON CA 90023 2820 South SOTO Street E52 07/15/21 LAC21218575 INVO 900 - Special type of incident, other South DOWNEY VERNON CA 90023 South DOWNEY Road 07/15/21 LAC21218692 ALRA 735 - Alarm system sounded due to malfunction 4615 South ALCOA VERNON CA 90058 4615 South ALCOA Avenue E13 07/15/21 LAC21218916 TREE 150 - Outside rubbish fire, other BANDINI VERNON CA 90040 BANDINI Boulevard Q27 07/15/21 LAC21219192 SICKA 321 - EMS call, excluding vehicle accident with injury 3031 East VERNON VERNON CA 90058 3031 East VERNON Avenue E52 07/15/21 LAC21219275 INJA 321 - EMS call, excluding vehicle accident with injury 2501 South SANTA FE VERNON CA 90058 2501 South SANTA FE Avenue E52 Alarm Date Time Basic Incident Number (FD1) Cad Initial Cad Incident Type Description Incident Type Address Basic Incident Full Street Address Basic First Arrived At Scene Apparatus ID Basic Property Losses (FD1.35) Basic Content Losses (FD1.36) 07/16/21 LAC21219288 YARD 600 - Good intent call, other East 26TH VERNON CA 90023 East 26TH Street BC13 07/16/21 LAC21219297 YARD 151 - Outside rubbish, trash or waste fire 3770 East WASHINGTON VERNON CA 90023 3770 East WASHINGTON Boulevard E52 0 0 07/16/21 LAC21219328 TCA 321 - EMS call, excluding vehicle accident with injury 2840 South ALAMEDA VERNON CA 90058 2840 South ALAMEDA Street E52 07/16/21 LAC21219666 RUB 150 - Outside rubbish fire, other East WASHINGTON VERNON CA 90023 East WASHINGTON Boulevard E52 07/16/21 LAC21219761 ALRA 733 - Smoke detector activation due to malfunction 4383 East EXCHANGE VERNON CA 90058 4383 East EXCHANGE Avenue E13 07/16/21 LAC21219835 GRS 100 - Fire, other East SLAUSON VERNON CA 90040 East SLAUSON Avenue E163 07/16/21 LAC21219861 TCA 322 - Motor vehicle accident with injuries 2046 East 52ND VERNON CA 90058 2046 East 52ND Street E52 07/16/21 LAC21220106 TCB 322 - Motor vehicle accident with injuries South SOTO VERNON CA 90058 South SOTO Street E52 07/16/21 LAC21220115 GRS 150 - Outside rubbish fire, other 710 FWY VERNON CA 90040 710 FWY E27 07/16/21 LAC21220127 ALRA 700 - False alarm or false call, other 5525 South SANTA FE VERNON CA 90058 5525 South SANTA FE Avenue E164 07/16/21 LAC21220440 ALRWF 611 - Dispatched and cancelled en route 4423 BANDINI VERNON CA 90023 4423 BANDINI Boulevard 07/17/21 LAC21220657 RUB 151 - Outside rubbish, trash or waste fire East WASHINGTON VERNON CA 90023 East WASHINGTON Boulevard E52 07/17/21 LAC21220730 INVO 611 - Dispatched and cancelled en route 3851 South SANTA FE VERNON CA 90058 3851 South SANTA FE Avenue 07/17/21 LAC21220879 EXPOSA 300 - Rescue, EMS incident, other 3030 South ATLANTIC VERNON CA 90040 3030 South ATLANTIC Boulevard S13 07/18/21 LAC21222306 ALRWF 744 - Detector activation, no fire - unintentional 3851 South SANTA FE VERNON CA 90058 3851 South SANTA FE Avenue E52 07/19/21 LAC21223138 VEH 131 - Passenger vehicle fire 4767 GIFFORD VERNON CA 90058 4767 GIFFORD Avenue E163 10,000 07/19/21 LAC21223417 EMS 321 - EMS call, excluding vehicle accident with injury 4809 East 52ND VERNON CA 90270 4809 East 52ND Place E27 07/19/21 LAC21223633 TCP 321 - EMS call, excluding vehicle accident with injury 1234 FRUITLAND VERNON CA 90058 1234 FRUITLAND Avenue S13 07/20/21 LAC21224198 ALRA 700 - False alarm or false call, other 4440 East 26TH VERNON CA 90023 4440 East 26TH Street E27 Alarm Date Time Basic Incident Number (FD1) Cad Initial Cad Incident Type Description Incident Type Address Basic Incident Full Street Address Basic First Arrived At Scene Apparatus ID Basic Property Losses (FD1.35) Basic Content Losses (FD1.36) 07/20/21 LAC21224402 DIAA 321 - EMS call, excluding vehicle accident with injury 4501 East 49TH VERNON CA 90058 4501 East 49TH Street S13 07/20/21 LAC21224717 UNC 300 - Rescue, EMS incident, other 4700 South BOYLE VERNON CA 90058 4700 South BOYLE Avenue S13 07/20/21 LAC21224732 RUB 154 - Dumpster or other outside trash receptacle fire East WASHINGTON VERNON CA 90023 East WASHINGTON Boulevard E27 500 07/20/21 LAC21225033 EXPOSA 300 - Rescue, EMS incident, other East 38TH VERNON CA 90058 East 38TH Street E52 07/20/21 LAC21225106 ALRWF 731 - Sprinkler activation due to malfunction East 52ND ST VERNON CA 90058 East 52ND ST 07/20/21 LAC21225122 STRC 611 - Dispatched and cancelled en route 3113 East 26TH VERNON CA 90023 3113 East 26TH Street E164 07/21/21 LAC21225501 SICKA 321 - EMS call, excluding vehicle accident with injury South ATLANTIC VERNON CA 90058 South ATLANTIC Boulevard E163 07/21/21 LAC21225886 ALRA 611 - Dispatched and cancelled en route 4401 South DOWNEY VERNON CA 90058 4401 South DOWNEY Road 07/21/21 LAC21226192 INJB 321 - EMS call, excluding vehicle accident with injury 3187 BANDINI VERNON CA 90023 3187 BANDINI Boulevard E52 07/21/21 LAC21226338 DIAA 321 - EMS call, excluding vehicle accident with injury 5401 South DOWNEY VERNON CA 90058 5401 South DOWNEY Road S13 07/21/21 LAC21226383 HYD 600 - Good intent call, other 5275 DISTRICT VERNON CA 90040 5275 DISTRICT Boulevard E163 07/22/21 LAC21226627 TCP 323 - Motor vehicle/pedestrian accident (MV Ped) Sante fe East VERNON VERNON CA 90058 Sante fe East VERNON Avenue E52 07/22/21 LAC21226703 EMS 321 - EMS call, excluding vehicle accident with injury 1 South ATLANTIC VERNON CA 90058 1 South ATLANTIC Boulevard S163 07/22/21 LAC21226807 SZR 321 - EMS call, excluding vehicle accident with injury 4833 FRUITLAND VERNON CA 90058 4833 FRUITLAND Avenue S163 07/22/21 LAC21226822 EMS 321 - EMS call, excluding vehicle accident with injury 4600 South PACIFIC VERNON CA 90058 4600 South PACIFIC Boulevard S13 07/22/21 LAC21226934 PA 744 - Detector activation, no fire - unintentional 2000 East 49TH VERNON CA 90058 2000 East 49TH Street E52 07/22/21 LAC21227339 DB 321 - EMS call, excluding vehicle accident with injury 3336 FRUITLAND VERNON CA 90058 3336 FRUITLAND Avenue S13 07/23/21 LAC21227812 ALRWF 112 - Fires in structure other than in a building 4444 AYERS VERNON CA 90023 4444 AYERS Avenue E27 20,000 20,000 07/23/21 LAC21227914 EMS 300 - Rescue, EMS incident, other St BICKETT VERNON CA 90058 St BICKETT Street E13 07/23/21 LAC21227951 INVO 151 - Outside rubbish, South SOTO VERNON South SOTO Street E52 0 0 Alarm Date Time Basic Incident Number (FD1) Cad Initial Cad Incident Type Description Incident Type Address Basic Incident Full Street Address Basic First Arrived At Scene Apparatus ID Basic Property Losses (FD1.35) Basic Content Losses (FD1.36) trash or waste fire CA 90058 07/23/21 LAC21227973 TCB 600 - Good intent call, other South SANTA FE VERNON CA 90058 South SANTA FE Avenue E52 07/23/21 LAC21228201 TCA 300 - Rescue, EMS incident, other South DOWNEY VERNON CA 90058 South DOWNEY Road S13 07/24/21 LAC21229103 SICKB 321 - EMS call, excluding vehicle accident with injury 2407 East 38TH VERNON CA 90058 2407 East 38TH Street E52 07/24/21 LAC21229503 MISC1 600 - Good intent call, other South ATLANTIC VERNON CA 90040 South ATLANTIC Boulevard 07/25/21 LAC21230404 FLOOD 600 - Good intent call, other South ATLANTIC VERNON CA 90040 South ATLANTIC Boulevard Q27 07/25/21 LAC21230409 EMS 321 - EMS call, excluding vehicle accident with injury 2221 East 55TH VERNON CA 90058 2221 East 55TH Street S13 07/25/21 LAC21230732 BACKB 321 - EMS call, excluding vehicle accident with injury 3031 East VERNON VERNON CA 90058 3031 East VERNON Avenue E52 07/25/21 LAC21231316 SICKA 321 - EMS call, excluding vehicle accident with injury 5000 South PACIFIC VERNON CA 90058 5000 South PACIFIC Boulevard E52 07/26/21 LAC21231503 DB 321 - EMS call, excluding vehicle accident with injury 2120 25TH VERNON CA 90058 2120 25TH Street E52 07/26/21 LAC21231538 ALREMS 744 - Detector activation, no fire - unintentional 2601 South SOTO VERNON CA 90023 2601 South SOTO Street E52 07/26/21 LAC21231989 SICKA 300 - Rescue, EMS incident, other 2590 HARRIETT VERNON CA 90058 2590 HARRIETT Street S13 07/27/21 LAC21232827 ALRA 611 - Dispatched and cancelled en route 3336 FRUITLAND VERNON CA 90058 3336 FRUITLAND Avenue E13 07/27/21 LAC21232855 ALRWFR 611 - Dispatched and cancelled en route 3301 East VERNON VERNON CA 90058 3301 East VERNON Avenue E13 07/27/21 LAC21232876 GRS 150 - Outside rubbish fire, other South SOTO VERNON CA 90058 South SOTO Street E13 0 0 07/27/21 LAC21232977 CP 321 - EMS call, excluding vehicle accident with injury 3364 East SLAUSON VERNON CA 90058 3364 East SLAUSON Avenue S13 07/27/21 LAC21233350 CP 321 - EMS call, excluding vehicle accident with injury 4580 South PACIFIC VERNON CA 90058 4580 South PACIFIC Boulevard S13 07/27/21 LAC21233748 ALRA 744 - Detector activation, no fire - unintentional 2263 East VERNON VERNON CA 90058 2263 East VERNON Avenue E52 07/28/21 LAC21234300 SICKB 321 - EMS call, excluding vehicle accident with injury 2546 South ALAMEDA VERNON CA 90058 2546 South ALAMEDA Street E52 07/28/21 LAC21234513 ABDB 300 - Rescue, EMS incident, other East VERNON VERNON CA 90058 East VERNON Avenue E13 07/29/21 LAC21234907 ALRA 735 - Alarm system 2716 East LEONIS 2716 East LEONIS E52 Alarm Date Time Basic Incident Number (FD1) Cad Initial Cad Incident Type Description Incident Type Address Basic Incident Full Street Address Basic First Arrived At Scene Apparatus ID Basic Property Losses (FD1.35) Basic Content Losses (FD1.36) sounded due to malfunction VERNON CA 90058 Boulevard 07/29/21 LAC21235009 TREE 151 - Outside rubbish, trash or waste fire East 28TH VERNON CA 90058 East 28TH Street E52 07/29/21 LAC21235021 ALRA 735 - Alarm system sounded due to malfunction 2716 East LEONIS VERNON CA 90058 2716 East LEONIS Boulevard E52 07/29/21 LAC21235204 BEHAVA 300 - Rescue, EMS incident, other 2110 East 51ST VERNON CA 90058 2110 East 51ST Street S13 07/29/21 LAC21235510 INVI 424 - Carbon monoxide incident 4300 MAYWOOD VERNON CA 90058 4300 MAYWOOD Q13 07/29/21 LAC21235566 ALRWF 424 - Carbon monoxide incident 4770 East 48TH VERNON CA 90058 4770 East 48TH Street Q13 07/29/21 LAC21235697 ALRWF 522 - Water or steam leak 1931 East 27TH VERNON CA 90058 1931 East 27TH Street E52 07/29/21 LAC21235699 ALRWF 731 - Sprinkler activation due to malfunction 2263 East VERNON VERNON CA 90058 2263 East VERNON Avenue E13 07/29/21 LAC21235742 TCB 300 - Rescue, EMS incident, other South ALAMEDA VERNON CA 90058 South ALAMEDA Street E52 07/29/21 LAC21235886 BLEEDA 320 - Emergency medical service, other 4240 BANDINI VERNON CA 90023 4240 BANDINI Boulevard E5163 07/30/21 LAC21236688 TCA 321 - EMS call, excluding vehicle accident with injury East SLAUSON VERNON CA 90058 East SLAUSON Avenue S13 07/30/21 LAC21236787 TCA 600 - Good intent call, other 5563 South ALCOA VERNON CA 90058 5563 South ALCOA Avenue S13 07/30/21 LAC21237111 INJA 321 - EMS call, excluding vehicle accident with injury 4305 South SANTA FE VERNON CA 90058 4305 South SANTA FE Avenue E52 07/31/21 LAC21237297 ALRA 745 - Alarm system activation, no fire - unintentional 4625 East 50TH VERNON CA 90058 4625 East 50TH Street E13 07/31/21 LAC21237398 INVO 150 - Outside rubbish fire, other BANDINI VERNON CA 90058 BANDINI Boulevard E52 07/31/21 LAC21237828 TCA 600 - Good intent call, other East 26TH VERNON CA 90023 East 26TH Street S13 07/31/21 LAC21237851 HYD 520 - Water problem, other 2601 South SOTO VERNON CA 90023 2601 South SOTO Street 07/31/21 LAC21237977 ALRA 735 - Alarm system sounded due to malfunction 2657 East VERNON VERNON CA 90058 2657 East VERNON Avenue E52 Count: 153 Los Angeles County Fire Department City of Vernon July 2021 Incident Type and Totals Cad Initial Cad Incident Type Description Basic Incident Type Code And Description (FD1.21) Number of incidents Property Loss Content Loss Acres Burned Basic Incident Type Category (FD1.21): (None) VEHL 1 Total: 1 Total: $0 Total: 0 Total: 0 Basic Incident Type Category (FD1.21): 1 - Fire ALRWF 112 - Fires in structure other than in a building 1 $20,000 20,000 0 GRS 100 - Fire, other 1 GRS 150 - Outside rubbish fire, other 2 $0 0 GRS 151 - Outside rubbish, trash or waste fire 1 INVO 150 - Outside rubbish fire, other 1 INVO 151 - Outside rubbish, trash or waste fire 1 $0 0 MISC1 150 - Outside rubbish fire, other 1 MISC1 151 - Outside rubbish, trash or waste fire 1 RUB 150 - Outside rubbish fire, other 1 RUB 151 - Outside rubbish, trash or waste fire 1 RUB 154 - Dumpster or other outside trash receptacle fire 1 $500 STRC 111 - Building fire 1 $0 0 TREE 150 - Outside rubbish fire, other 1 TREE 151 - Outside rubbish, trash or waste fire 1 VEH 131 - Passenger vehicle fire 1 10,000 YARD 151 - Outside rubbish, trash or waste fire 1 $0 0 Total: 17 Total: $20,500 Total: 30,000 Total: 0 Basic Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 911 321 - EMS call, excluding vehicle accident with injury 2 ABDB 300 - Rescue, EMS incident, other 1 ASSLTA 321 - EMS call, excluding vehicle accident with injury 1 ASSLTB 321 - EMS call, excluding vehicle accident with injury 1 BACKA 321 - EMS call, excluding vehicle accident with injury 1 BACKB 321 - EMS call, excluding vehicle accident with injury 1 BEHAVA 300 - Rescue, EMS incident, other 1 BLEEDA 320 - Emergency medical service, other 1 BLEEDB 321 - EMS call, excluding vehicle accident with injury 1 CHOKE 321 - EMS call, excluding vehicle accident with injury 1 CP 321 - EMS call, excluding vehicle accident with injury 5 DB 321 - EMS call, excluding vehicle accident with injury 4 DIAA 321 - EMS call, excluding vehicle accident with injury 2 ELEV 353 - Removal of victim(s) from stalled elevator 1 EMS 300 - Rescue, EMS incident, other 2 EMS 321 - EMS call, excluding vehicle accident with injury 6 EXPOSA 300 - Rescue, EMS incident, other 2 EYE 321 - EMS call, excluding vehicle accident with injury 1 INJA 300 - Rescue, EMS incident, other 2 INJA 321 - EMS call, excluding vehicle accident with injury 6 INJB 321 - EMS call, excluding vehicle accident with injury 3 SICKA 300 - Rescue, EMS incident, other 3 SICKA 321 - EMS call, excluding vehicle accident with injury 5 SICKB 300 - Rescue, EMS incident, other 1 SICKB 321 - EMS call, excluding vehicle accident with injury 4 SZR 321 - EMS call, excluding vehicle accident with injury 1 TCA 300 - Rescue, EMS incident, other 1 TCA 321 - EMS call, excluding vehicle accident with injury 4 TCA 322 - Motor vehicle accident with injuries 1 TCB 300 - Rescue, EMS incident, other 2 TCB 321 - EMS call, excluding vehicle accident with injury 2 TCB 322 - Motor vehicle accident with injuries 1 TCP 321 - EMS call, excluding vehicle accident with injury 1 TCP 323 - Motor vehicle/pedestrian accident (MV Ped) 1 TCT 321 - EMS call, excluding vehicle accident with injury 1 UNC 300 - Rescue, EMS incident, other 3 UNC 321 - EMS call, excluding vehicle accident with injury 1 Total: 77 Total: $0 Total: 0 Total: 0 Basic Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) ALRWF 424 - Carbon monoxide incident 1 INVI 424 - Carbon monoxide incident 1 STRC 442 - Overheated motor 1 $0 0 Total: 3 Total: $0 Total: 0 Total: 0 Basic Incident Type Category (FD1.21): 5 - Service Call ALRA 500 - Service call, other 1 ALRWF 522 - Water or steam leak 1 HYD 520 - Water problem, other 1 INVO 521 - Water evacuation 1 Total: 4 Total: $0 Total: 0 Total: 0 Basic Incident Type Category (FD1.21): 6 - Good Intent Call ALRA 611 - Dispatched and cancelled en route 3 ALREMS 600 - Good intent call, other 1 ALRWF 611 - Dispatched and cancelled en route 4 ALRWFR 611 - Dispatched and cancelled en route 1 FLOOD 600 - Good intent call, other 1 GRS 600 - Good intent call, other 2 HYD 600 - Good intent call, other 2 INVO 611 - Dispatched and cancelled en route 1 MISC1 600 - Good intent call, other 2 RUB 611 - Dispatched and cancelled en route 1 STRC 611 - Dispatched and cancelled en route 1 TCA 600 - Good intent call, other 2 TCB 600 - Good intent call, other 1 TCB 611 - Dispatched and cancelled en route 1 YARD 600 - Good intent call, other 1 Total: 24 Total: $0 Total: 0 Total: 0 Basic Incident Type Category (FD1.21): 7 - False Alarm & False Call ALRA 700 - False alarm or false call, other 4 ALRA 730 - System malfunction, other 1 ALRA 733 - Smoke detector activation due to malfunction 1 ALRA 735 - Alarm system sounded due to malfunction 4 ALRA 744 - Detector activation, no fire - unintentional 1 ALRA 745 - Alarm system activation, no fire - unintentional 1 ALREMS 744 - Detector activation, no fire - unintentional 1 ALRWF 700 - False alarm or false call, other 1 ALRWF 730 - System malfunction, other 1 ALRWF 731 - Sprinkler activation due to malfunction 2 ALRWF 735 - Alarm system sounded due to malfunction 2 ALRWF 744 - Detector activation, no fire - unintentional 2 ALRWF 745 - Alarm system activation, no fire - unintentional 1 INVO 700 - False alarm or false call, other 1 PA 744 - Detector activation, no fire - unintentional 1 STRC 700 - False alarm or false call, other 1 Total: 25 Total: $0 Total: 0 Total: 0 Basic Incident Type Category (FD1.21): 9 - Special Incident Type GRS 900 - Special type of incident, other 1 INVO 900 - Special type of incident, other 1 Total: 2 Total: $0 Total: 0 Total: 0 Total: 153 Total: $20,500 Total: 30,000 Total: City Council Agenda Item Report Agenda Item No. COV-756-2021 Submitted by: Donna Aggers Submitting Department: Police Department Meeting Date: September 21, 2021 SUBJECT Police Department Activity Report Recommendation: Receive and file the July 2021 Police Department Activity Report. Background: The Vernon Police Department's activity report consists of activity during the specified reporting period, including a summary of calls for service, and statistical information regarding arrests, traffic collisions, stored and impounded vehicles, recovered stolen vehicles, the number of citations issued, and the number of reports filed. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Police Department Activity Report - July 2021 Type VERNON POLICE DEPARTMENTDepartment Activity ReportJurisdiction:First Date:Last Date:07/01/202107/31/2021DepartmentAll Units Primary UnitVERNONDescriptionComplaintVPD10-6OFFICER IS 10-6 C7,961,962,10-10, WASH, EQUIPMENT,ETC26824910-96C10-96 CHARLES (CITY HALL SECURITY CHECK)111010-96HPICK UP THE JAIL PAPER WORK FROM HP JAIL44140SUPPLEMENTAL REPORT86166RCOURT ORDER VIOLATION REPORT2220002NON-INJURY HIT AND RUN10620002RNON-INJURY HIT AND RUN REPORT2214211ROBBERY51211RROBBERY REPORT91211SSILENT ROBBERY ALARM154242BATTERY83242RBATTERY REPORT21245ASSAULT WITH A DEADLY WEAPON62273.5DOMESTIC VIOLENCE114314INDECENT EXPOSURE42415DISTURBING THE PEACE7327415RDISTURBING THE PEACE REPORT11417BRANDISHING A WEAPON82459BURGLARY102459AAUDIBLE BURGLARY ALARM343161459RBURGLARY REPORT126459SSILENT BURGLARY ALARM126459VRBURGLARY TO A VEHICLE REPORT106484PETTY THEFT205484RPETTY THEFT REPORT116487RGRAND THEFT REPORT1915586PARKING PROBLEM5547594VANDALISM267594RVANDALISM REPORT1712602TRESPASS5923647FDRUNK IN PUBLIC31653MRANNOYING PHONE CALLS REPORT111Page of 408/01/2021 05:20:20 Type VERNON POLICE DEPARTMENTDepartment Activity ReportJurisdiction:First Date:Last Date:07/01/202107/31/2021DepartmentAll Units Primary UnitVERNONDescriptionComplaintVPD901UNKNOWN INJURY TRAFFIC COLLISION52901TINJURY TRAFFIC COLLISION207901TRINJURY TRAFFIC COLLISION REPORT135902TNON-INJURY TRAFFIC COLLISION11058902TRNON-INJURY TRAFFIC COLLISION REPORT116909CTRAFFIC CONTROL22909ETRAFFIC ENFORCEMENT11909TTRAFFIC HAZARD43911911 MISUSE / HANGUP116911ACONTACT THE REPORTING PARTY3319917AABANDONED VEHICLE1812920PRLOST PROPERTY REPORT21925SUSPICIOUS CIRCUMSTANCES8537927UNKNOWN TROUBLE52A459RATTEMPT BURGLARY REPORT11A484RATTEMPT PETTY THEFT REPORT11A487RATTEMPT GRAND THEFT REPORT63AGTAATTEMPT GRAND THEFT AUTO22AGTARATTEMPT GRAND THEFT AUTO REPORT11AR LOGUPDATE THE AR LOG11ASSISTFDASSIST FIRE DEPARTMENT3919BOSIGBROKEN SIGNAL OR LIGHT54BOVEHBROKEN DOWN VEHICLE3524CITCKCITATION CHECK22CIVILCIVIL MATTER32CODE5SURVEILLANCE/STAKE-OUT63COPCOP DETAIL86DETDETECTIVE INVESTIGATION4322DETAILDETAIL97DPTASTDEPARTMENTAL ASSIST97DUIDRIVING UNDER THE INFLUENCE157FILINGOFFICER IS 10-6 REPORT WRITING1231182Page of 408/01/2021 05:20:20 Type VERNON POLICE DEPARTMENTDepartment Activity ReportJurisdiction:First Date:Last Date:07/01/202107/31/2021DepartmentAll Units Primary UnitVERNONDescriptionComplaintVPDFUFOLLOW UP1815GTAGRAND THEFT AUTO31GTARGRAND THEFT AUTO REPORT1612HBCHAILED BY A CITIZEN3215ILLDPGILLEGAL DUMPING10ILLDPG RPTILLEGAL DUMPING REPORT64KTPKEEP THE PEACE42LOCATELOCATED VERNON STOLEN VEHICLE / PLATES VIA TELETYPE66LOJACKLOJACK HIT65LPRLICENSE PLATE READER11MISPLOCATELOCATED MISSING PERSON REPORT51MR60MISC REPORT53PANIC ALARMPANIC ALARM/DURESS ALARM94PAPDPUBLIC ASSIST-POLICE2015PATCKPATROL CHECK410345PEDCKPEDESTRIAN CHECK10855PRSTRANPRISONER TRANSPORTED1110RECRECOVERED STOLEN VEHICLE IN THE FIELD5222RECKLESS DRVRECKLESS DRIVING (23103)96REPOREPOSSESSION11ROADRAGEROAD RAGE11RRRAIL ROAD PROBLEM22SEAACASEAACA ANIMAL CALLS74SPEEDSPEED CONTEST OR SPEEDING (23109)135SRMETSRMET DETAIL41TESTTEST CALL32TRAFFIC STOPTRAFFIC STOP255180TRAININGTRAINING TEST CALL21UNATTACHEDTRUNATTACHED TRAILER33VCKVEHICLE CHECK197173VEH RELEASEVEHICLE RELEASE54WARRANTWARRANT ARREST113Page of 408/01/2021 05:20:20 Type VERNON POLICE DEPARTMENTDepartment Activity ReportJurisdiction:First Date:Last Date:07/01/202107/31/2021DepartmentAll Units Primary UnitVERNONDescriptionComplaintVPDWELCKWELFARE CHECK5928Department: 29691956Overall: 296919574Page of 408/01/2021 05:20:20 VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 07/31/21 TRAFFIC COLLISIONS NO. PROPERTY RECOVERED TOTAL 48 VEHICLES: $143,000 NON-INJURY 37 INJURY 11 Persons Injured 14 Pedestrian 0 Fatalities 0 City Property Damage 4 Hit & Run (Felony) 0 Hit & Run (Misdemeanor) 12 VEHICLES STORED PROPERTY RECOVERED FOR Unlicensed Driver/Impounded Vehicle 5 OTHER DEPARTMENTS Unattached Trailer 0 VEHICLES: $66,550 Abandoned/Stored Vehicle 18 Traffic Hazard 0 CITATIONS Citations Iss (Prisoner Release) 45 Citations Iss (Other Violations) 0 Parking 81 Hazardous 47 Non-Hazardous 38 Citations Iss (Moving) 85 Citations Iss (Total) 166 CASES CLEARED BY ARREST AR21-187 CR21-1081 148(A)1 PC AR21-208 CR21-1169 11364 HS AR21-188 CR21-1081 11350(A) HS AR21-209 CR21-1171 10851(A) VC AR21-190 CR21-1099 459 PC AR21-210 CR21-1174 148 PC AR21-192 CR21-1104 11364 HS AR21-211 CR21-1186 14601.2 VC AR21-193 CR21-1106 11364 HS AR21-214 CR21-1195 11364 HS AR21-194 CR21-1109 23103(C) VC AR21-217 CR21-1231 602(M) PC AR21-195 CR21-1056 459 PC AR21-218 CR21-1231 602(M) PC AR21-196 CR21-1123 11364 HS AR21-219 CR21-1231 10851(A) VC AR21-197 CR21-1126 487 PC AR21-220 CR21-1235 11377 HS AR21-199 CR21-1136 10851(A) VC AR21-221 CR21-1242 29800 PC AR21-200 CR21-1138 11364 HS AR21-222 CR21-1243 242 PC AR21-201 CR21-1143 602(M) PC AR21-223 CR21-1250 273.5(A) PC AR21-202 CR21-1146 10851(A) VC AR21-224 CR21-1251 29800(A)1 PC AR21-203 CR21-1149 594(F) PC AR21-225 CR21-1255 10851(A) VC AR21-206 CR21-1153 273.5(A) PC AR21-226 CR21-1258 10851(A) VC AR21-207 CR21-1167 242 PC MALE FEMALE TOTAL ARSON ASSAULT BURGLARY (& ATTEMPTED)2 2 CORPORAL INJURY ON SPOUSE/COHABITANT 2 2 DRIVING UNDER THE INFLUENCE w/ INJURY FORGERY GRAND THEFT: AUTO (& ATTEMPTED)6 6 GRAND THEFT: PROPERTY (& ATTEMPTED)1 1 PAROLE HOLD POSSESSION OF FIREARM 1 1 2 VANDALISM 0 WARRANT (VERNON)2 1 3 WARRANT (OUTSIDE AGENCY) TOTAL FELONY ARRESTS 12 4 16 MALE FEMALE TOTAL ASSAULT BATTERY 2 2 CARRY LOADED FIREARM PERSON/VEH CARRYING A DIRK/DAGGER DRIVING WITH SUSPENDED LICENSE 1 1 DUI 2 2 HIT/RUN PETTY THEFT POSSESSION OF NARCOTICS 2 2 POSSESSION OF PARAPHERNALIA 6 6 POSSESSION OF STOLEN PROPERTY RECKLESS DRIVING 1 1 RESISTING/OBSTRUCTING 2 2 TRESPASSING 2 1 3 VANDALISM 1 1 VIOLATE COURT ORDER WARRANT (OUTSIDE AGENCY)1 1 WARRANT (VERNON)2 1 3 TOTAL MISD. ARRESTS 22 2 24 MALE FEMALE TOTAL BURGLARY 0 CARRY LOADED FIREARM IN PUBLIC 0 ROBBERY 0 VANDALISM 0 WARRANT 0 TOTAL JUVENILES DET.0 0 0 82 145 227 VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED ADULT FELONY ARRESTS AND DISPOSITIONS PERIOD ENDING: 07/31/2021 ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS JUVENILES DETAINED --- FELONY AND MISDEMEANOR TOTAL FELONY ARRESTS (ADULT) TO DATE: TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE: TOTAL JUVENILES DETAINED (FELONY AND MISDEMEANOR) TO DATE: TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR) TO DATE: VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/01/202107/01/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20210712777E DISTRICT BL // DOWNEY RD, VERNON902TRAT&T MOBILITY 800 635 6840 406:00:5407/01/2021RPTORDepartmentOCA NumberRMS JurisVPD CR20211076 CA0197300VPDCERDA,EUGENIO*41E06:02:1906:40:4006:05:18VPDSTEVENSON,KENT,JR2206:37:4506:04:42VPDCERDA,PAUL,JR43W06:37:4806:04:25MR C TOWMR C TO06:05:4406:40:4006:13:38202107127813630 HOLABIRD AV, VERNONREC07:54:2207/01/2021VRECRPTDepartmentOCA NumberRMS JurisVPD CR20211077 CA0197300VPDCAM,PATRICK*43E09:03:3107:54:22USTOWUS TOW07:55:40 07:55:4109:03:3108:11:49202107127904309 E DISTRICT BL, VERNON902TT-Mobile USA 888-662-4662 opt 409:53:2007/01/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211078 CA0197300VPDCAM,PATRICK*43E10:06:2211:12:0510:10:21VPDHERNANDEZ,MIGUEL,JR4011:12:0510:27:41202107128133737 S SOTO, VERNON484MCDONALD`S14:21:4907/01/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211079 CA0197300VPDLANDA,RAFAEL*XS15:17:4614:27:24VPDCAM,PATRICK43E15:17:4114:46:17VPDVASQUEZ,LUIS44W14:37:4016:37:2514:46:46VPDRAMOS,JOSE4714:27:2815:17:4314:34:11VPDREYNA,JOSE S5D2315:56:1714:28:44VPDGRAY,BRANDONL114:49:3814:27:39VPDPEREZ,NICKL215:17:4414:27:25202107128145215 S BOYLE AV, VERNON245YU EXPRESS USA15:45:4407/01/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211080 CA01973001Page of 307/03/202100:07:50 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/01/202107/01/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107128145215 S BOYLE AV, VERNON245YU EXPRESS USA15:45:4407/01/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211080 CA0197300VPDCAM,PATRICK*43E15:47:17 15:47:4118:18:5415:48:50VPDRAMOS,JOSE4715:47:18 15:47:4315:58:3615:56:01VPDOURIQUE,CARLOS5D3516:00:2016:23:28202107128174361 S SOTO, VERNON594GREAT AMERICAN PACKAGING16:06:1507/01/20211015RPTDepartmentOCA NumberRMS JurisVPD CR20211081 CA0197300VPDRAMOS,JOSE*4716:07:17 16:07:3117:37:0616:11:06VPDCAM,PATRICK43E16:23:3817:17:3416:25:39VPDVASQUEZ,LUIS44W16:37:2817:17:5916:42:06VPDGRAY,BRANDONL116:12:2616:37:3516:20:37VPDLANDA,RAFAELXS16:55:1716:14:5820210712818451 MANHATTAN BEACH, MANHATTAN BCHDET16:29:3607/01/2021VIVPDENCINAS,ANTHONY*5D3116:29:3618:44:5716:37:44VPDOURIQUE,CARLOS5D3518:44:5716:37:41MR C TOWMR C TO17:24:15 17:24:1618:44:5618:16:4920210712822133 MANHATTAN BEACH BL, MANHATTAN BCHFUMANHATTAN BEACH PIZZERIA18:45:3707/01/2021VIVPDOURIQUE,CARLOS*5D3520:11:0618:45:37VPDENCINAS,ANTHONY5D3120:11:0618:46:44202107128243613 INDEPENDENCE AVE, SOUTHGATELOCATESOUTH GATE PD19:17:1607/01/2021VRECVPDRECORDS BUREAU*RECD19:23:00202107128362Page of 307/03/202100:07:50 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/01/202107/01/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20210712836SEVILLE AV // LEONIS BL, VERNONTRAFFIC STOP23:48:1507/01/2021RPT1015VIDepartmentOCA NumberRMS JurisVPD CR20211082 CA0197300VPDESTRADA,IGNACIO*S300:39:1523:48:15VPDCERDA,EUGENIO3101:27:4523:48:17VPDMADRIGAL,ALFONSO32E23:53:5801:59:3323:54:05USTOWUS TOW00:34:57 00:34:5701:01:1000:46:04* Denotes Primary Unit3Page of 307/03/202100:07:50 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/02/202107/02/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20210712844EXCHANGE AV // DOWNEY RD, VERNON594RGOLDEN WEST TRADING04:36:0707/02/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211083 CA0197300VPDMADRIGAL,ALFONSO*32E04:56:48 04:56:5505:28:4205:04:10VPDNEWTON,TODD41W05:28:4405:04:27202107128644927 ALCOA AV, VERNON487RWHOLESALE FASHION SQUARE12:58:1107/02/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211084 CA0197300VPDREDONA,BRYAN*40E12:59:26 12:59:2713:27:2813:07:41202107128674295 CHARTER AV, VERNON902TT-Mobile USA 888-662-4662 opt 414:21:2107/02/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211085 CA0197300VPDREDONA,BRYAN*40E14:22:40 14:22:4114:55:1714:27:21202107128682845 E 26TH, VERNON484R26 CALIFORNIA BAZAR15:05:3207/02/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211087 CA0197300VPDREDONA,BRYAN*40E15:06:30 15:06:3115:07:05VPDDOCHERTY,MICHAEL4315:07:0316:44:1715:18:57202107128695563 ALCOA AV, VERNON487RMIKAWAYA15:21:2907/02/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211086 CA0197300VPDREDONA,BRYAN*40E15:23:20 15:23:2015:40:0015:25:06202107128703770 E WASHINGTON BL, VERNONREC15:49:2907/02/2021VRECDepartmentOCA NumberRMS JurisVPD CR20211090 CA0197300VPDREDONA,BRYAN*40E15:51:30 15:51:3216:57:5316:00:59202107128711Page of 207/03/202100:06:38 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/02/202107/02/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20210712871DOWNEY RD // VERNON, VERNON20002T-Mobile USA 888-662-4662 opt 415:52:0407/02/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211088 CA0197300VPD CR20211089 CA0197300VPDCAM,PATRICK*47W15:55:54 15:55:5517:16:3115:58:4620210712877S ATLANTIC BL // BANDINI BL, VERNON902TCHP17:29:3307/02/2021RPTORDepartmentOCA NumberRMS JurisVPD CR20211091 CA0197300VPDREDONA,BRYAN*40E17:30:49 17:30:5018:33:4717:38:14MR C TOWMR C TO17:47:28 17:47:2918:33:4718:07:13202107128783240 E 26TH, VERNON20002RUNK17:57:1807/02/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211092 CA0197300VPDDOCHERTY,MICHAEL*4318:11:45 18:11:4518:56:1318:22:1220210712902MINERVA // 26TH, VERNONVCK22:12:4507/02/2021VIRPTDepartmentOCA NumberRMS JurisVPD CR20211093 CA0197300VPDESTRADA,IGNACIO*S322:53:3522:12:45VPDFLORES,TERESA32W23:18:4722:16:33USTOWUS TOW22:18:45 22:18:4523:18:4722:27:24* Denotes Primary Unit2Page of 207/03/202100:06:38 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/03/202107/03/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107129135511 S BOYLE AV, VERNON459RNORMAN FOX CO01:35:1907/03/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211096 CA0197300VPDARANA,ANDRE*31E01:36:08 01:36:2806:29:3801:38:54VPDNEWTON,TODD4101:36:10 01:36:2906:29:3901:40:2520210712919SEVILLE AV // VERNON AV, VERNONREC02:42:2407/03/2021VRECRPTDepartmentOCA NumberRMS JurisVPD CR20211094 CA0197300VPDFLORES,TERESA*32W03:19:2502:42:24MR C TOWMR C TO02:45:04 02:45:0403:19:2502:57:12202107129212638 E VERNON AV, VERNON487RTINAS BURRITOS03:31:2207/03/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211095 CA0197300VPDFLORES,TERESA*32W03:32:57 03:32:5904:45:3003:37:26202107129402916 S SANTA FE AV, VERNON459RFARHAN10:35:4707/03/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211098 CA0197300VPDREDONA,BRYAN*40W10:37:03 10:37:1811:42:4510:42:5720210712942E 49TH // EVERETT CT, VERNONREC10:50:5507/03/2021VRECDepartmentOCA NumberRMS JurisVPD CR20211097 CA0197300VPDSALDANA,CARLOS*32E11:33:3110:50:55VPDMACIEL,CYNTHIA43E11:21:0510:58:13USTOWUS TOW11:04:49 11:04:5011:33:3211:21:01202107129474625 E DISTRICT BL, VERNON459APACIFIC GIANT12:24:2507/03/20211015RPTDepartmentOCA NumberRMS JurisVPD CR20211099 CA0197300VPDSALDANA,CARLOS*32E12:25:17 12:25:3115:07:1512:28:44VPDREDONA,BRYAN40W12:32:2413:58:5912:36:241Page of 307/04/202101:29:03 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/03/202107/03/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107129474625 E DISTRICT BL, VERNON459APACIFIC GIANT12:24:2507/03/20211015RPTDepartmentOCA NumberRMS JurisVPD CR20211099 CA0197300VPDMACIEL,CYNTHIA43E12:39:2214:37:3612:39:32VPDCAM,PATRICK47W12:32:2613:25:3512:36:152021071294961ST // CARMELITA, VERNONWARRANT14:07:5607/03/20211015VPDREDONA,BRYAN*40W14:09:4015:13:0614:12:4120210712950MINERVA // 26TH, VERNONGTARJOSE14:10:0207/03/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211100 CA0197300VPDCAM,PATRICK*47W14:27:4415:23:5614:34:37VPDREDONA,BRYAN40W15:22:4415:23:0820210712957101ST // PRAIRE, INGLEWOODLOCATEB AND H TOW16:06:4207/03/2021VRECVPDRECORDS BUREAU*RECD17:24:2216:37:23202107129592910 SANTA FE, VERNON594CHARLOTTE AVERY INC16:32:4707/03/2021RPTFIDepartmentOCA NumberRMS JurisVPD CR20211101 CA0197300VPDCAM,PATRICK*47W16:33:5917:28:1716:41:52VPDSALDANA,CARLOS32E16:42:4516:55:3316:47:29VPDREDONA,BRYAN40W17:28:1616:35:3120210712961FRUITLAND AV // GIFFORD AV, VERNONVCK17:07:4307/03/2021VSRPTDepartmentOCA NumberRMS JurisVPD CR20211102 CA0197300VPDMACIEL,CYNTHIA*43E17:49:5217:07:43MR C TOWMR C TO17:10:36 17:10:3717:49:5217:31:362Page of 307/04/202101:29:03 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/03/202107/03/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107129636250 S BOYLE AV, VERNONA487RUNK18:53:2207/03/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211103 CA0197300VPDSALDANA,CARLOS*32E18:58:29 18:58:3018:59:47VPDLUCAS,JASON21W19:08:4719:25:2919:13:36VPD41E19:36:2919:19:26VPDMADRIGAL,ALFONSO44E19:36:2919:14:09202107129882601 S SANTA FE AV, VERNON S/A 7PEDCK23:55:4207/03/20211015RPTCITEDepartmentOCA NumberRMS JurisVPD CR20211104 CA0197300VPDLUCAS,JASON*21W00:27:0923:55:42VPDARANA,ANDRE31W23:55:4500:25:2823:59:48* Denotes Primary Unit3Page of 307/04/202101:29:03 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/04/202107/04/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20210712998S ATLANTIC BL // DISTRICT BL, VERNON594RPRISCILLA01:21:4907/04/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211105 CA0197300VPDGODOY,RAYMOND*41E01:24:1202:01:3701:30:15VPDMADRIGAL,ALFONSO44E01:24:1302:01:3701:30:1120210713002S ATLANTIC BL // BANDINI BL, VERNON140LASO ELA02:05:3207/04/2021SUPVPDMADRIGAL,ALFONSO*44E02:06:3102:35:4602:11:14VPDGODOY,RAYMOND41E02:39:4302:11:39202107130152661 E 46TH, VERNONPEDCK07:08:2607/04/20211015RPTCITEDepartmentOCA NumberRMS JurisVPD CR20211106 CA0197300VPDLUCAS,JASON*21W07:48:3407:08:26VPD40W07:09:3407:44:1807:19:57VPD43E07:16:4607:44:2007:19:59202107130375993 MALBURG WY, VERNON459VRCOLONIAL VAN LINES15:51:0007/04/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211107 CA0197300VPDMANNINO,NICHOLAS*43E16:23:1117:07:4416:25:42VPDDOCHERTY,MICHAEL4417:07:4516:27:20* Denotes Primary Unit1Page of 107/05/202100:29:43 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/05/202107/05/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20210713069S ALAMEDA // 25TH, VERNONVCK02:40:2207/05/2021VSRPTDepartmentOCA NumberRMS JurisVPD CR20211108 CA0197300VPDGODOY,RAYMOND*41W03:18:0502:40:22VPDLUCAS,JASON4702:40:4803:05:4002:47:3620210713070PACIFIC BL // FRUITLAND AV, VERNONTRAFFIC STOP03:17:1007/05/20211015RPTCITEDepartmentOCA NumberRMS JurisVPD CR20211109 CA0197300VPDLUCAS,JASON*4704:13:2603:17:10VPDARANA,ANDRE31E03:17:4204:06:3103:18:30VPDGODOY,RAYMOND41W03:18:0703:19:29VPDESTRADA,IGNACIOS303:40:5104:04:2003:52:24202107130883300 E 50TH, VERNON594RRELIABLE TAPE PRODUCTS08:06:3907/05/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211110 CA0197300VPDFINO,MARCUS*44W08:08:50 08:09:0908:09:33VPDHERNANDEZ,MIGUEL,JR43E08:09:3109:16:4008:13:0320210713091DOWNEY RD // HOLABIRD AV, VERNONVCK09:10:4407/05/2021VICITERPTDepartmentOCA NumberRMS JurisVPD CR20211111 CA0197300VPDSWINFORD,PHILLIP*4709:43:3609:10:45202107131282801 LEONIS BL, VERNONMR6016:24:3107/05/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211112 CA0197300VPDHERNANDEZ,MIGUEL,JR*43E16:56:1616:24:32VPDVILLEGAS,RICHARDXS16:46:4616:32:25* Denotes Primary Unit1Page of 107/06/202101:45:55 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/06/202107/06/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107131543000 E 46TH, VERNONVCK00:38:4407/06/2021VSRPTDepartmentOCA NumberRMS JurisVPD CR20211113 CA0197300VPDCERDA,PAUL,JR*40E01:34:5300:38:44VPDCERDA,EUGENIO47W01:34:5300:38:48202107131736023 ALCOA AV, VERNONDET08:27:3607/06/2021RPT1015VPDOURIQUE,CARLOS*5D3509:39:5208:27:36VPDFINO,MARCUS41W08:32:52 08:32:5909:39:5108:38:07VPDHERRERA,GUSTAVO5D3009:39:5208:34:12202107131905151 ALCOA AV, VERNONGTARROSE AND SHORE15:47:1507/06/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211114 CA0197300VPDSWINFORD,PHILLIP*4415:50:55 15:51:1716:27:3316:04:2220210713204DOWNEY RD // WASHINGTON BL, VERNON917A20:09:2307/06/2021ORVOIDDepartmentOCA NumberRMS JurisVPD CR20211115 CA0197300VPDFLORES,TERESA*32E20:09:50 20:10:3520:58:4220:17:02VPDCERDA,EUGENIO40W20:58:4220:39:09202107132134863 E 50TH, VERNONVCK23:38:1607/06/2021VSRPTDepartmentOCA NumberRMS JurisVPD CR20211116 CA0197300VPD CR20211117 CA0197300VPDCERDA,PAUL,JR*4301:38:4523:38:16* Denotes Primary Unit1Page of 107/07/202104:54:18 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/07/202107/07/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107132343800 S SANTA FE AV, VERNON902THPPD06:33:3507/07/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211119 CA0197300VPDCERDA,EUGENIO*40W06:34:37 06:34:5007:37:5006:37:24VPD41W06:53:2707:37:5006:59:1520210713235E VERNON AV // SOTO ST, VERNON902TVERIZON WIRELESS 1-800-451-524206:52:1007/07/2021RPTORDepartmentOCA NumberRMS JurisVPD CR20211118 CA0197300VPD*31W06:53:1107:39:3506:55:44VPDFLORES,TERESA32E07:04:4206:57:52VPD43E07:39:3507:00:23VPD44E06:56:0007:39:3507:01:36VPDVILLEGAS,RICHARDXS07:39:3607:11:4620210713248PACIFIC BL // 45TH, VERNON902TToyota Roadside Telematics Call09:30:4707/07/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211120 CA0197300VPDHERNANDEZ,MIGUEL,JR*41W09:33:54 09:34:0810:28:2009:34:44202107132504444 AYERS AV, VERNON484RLA CURACAO09:46:1407/07/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211121 CA0197300VPDVASQUEZ,LUIS*44E10:10:2110:45:1510:19:36202107132873840 E 26TH, VERNONVCK21:25:1407/07/2021VIVPDNEWTON,TODD*32E21:43:1021:25:14* Denotes Primary Unit1Page of 107/08/202105:07:06 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/08/202107/08/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107133304501 E 50TH, VERNON487RINTEGRITY13:15:0407/08/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211122 CA0197300VPDCAM,PATRICK*44E13:16:36 13:16:3813:57:2813:24:02202107133341988 E 57TH, VERNON594TOP NOTCH14:31:1207/08/20211015CITERPTDepartmentOCA NumberRMS JurisVPD CR20211123 CA0197300VPDVASQUEZ,LUIS*4714:32:38 14:32:5315:08:4914:36:36VPDREDONA,BRYAN41W15:08:4814:51:46VPDCAM,PATRICK44E14:40:1814:52:0914:42:22VPDLUCAS,JASONXS14:32:40 14:32:5414:51:3114:39:04202107133354675 52D DR, VERNONRECVERNON VILLAGE APARTMENTS14:48:2107/08/2021VRECDepartmentOCA NumberRMS JurisVPD CR20211124 CA0197300VPDCAM,PATRICK*44E14:52:11 14:52:1115:57:3415:05:59USTOWUS TOW15:17:24 15:18:0615:57:3415:41:16202107133364755 E 49TH, VERNONGTARH AND M POULTRY15:08:5607/08/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211125 CA0197300VPDVASQUEZ,LUIS*4715:11:49 15:11:5016:10:3515:21:28202107133493305 BANDINI BL, VERNON487RNATURES PRODUCE19:11:5107/08/2021RPT1015DepartmentOCA NumberRMS JurisVPD CR20211126 CA0197300VPD*32W19:14:0020:12:3319:22:22VPDMADRIGAL,ALFONSO31E19:15:5721:34:0719:20:05VPDMARTINEZ,GABRIELS521:17:3421:34:0721:19:45202107133601Page of 207/09/202100:02:13 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/08/202107/08/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107133603305 BANDINI BL, VERNONFU22:42:1407/08/2021SUPVPDMADRIGAL,ALFONSO*31E22:42:2922:58:3622:45:53* Denotes Primary Unit2Page of 207/09/202100:02:13 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/09/202107/09/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107133815685 ALCOA AV, VERNON487RQX LOGISTICS09:23:2907/09/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211127 CA0197300VPDREDONA,BRYAN*40E09:24:5709:55:3509:28:41202107133834505 BANDINI BL, VERNON902TCLASSIC CONCEPTS10:13:0007/09/2021RPTCITEDepartmentOCA NumberRMS JurisVPD CR20211128 CA0197300VPDCAM,PATRICK*41W10:15:4910:38:0510:24:17VPDREDONA,BRYAN40E10:26:1410:51:0010:29:06VPDVASQUEZ,LUIS4310:51:0210:33:1320210713385E 37TH // SOTO, VERNON902T11:04:1207/09/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211129 CA0197300VPDCAM,PATRICK*41W12:04:3511:04:12VPDREDONA,BRYAN40E11:31:4011:11:40202107133883200 E VERNON AV, VERNONREPOFARMER JOHN12:06:0707/09/2021REPODepartmentOCA NumberRMS JurisVPD CR20211130 CA0197300VPDRECORDS BUREAU*RECD12:16:4612:09:1120210713398BANDINI BL // SIERRA PINE AV, VERNON902TLUIS16:08:2307/09/2021CITECITYRPTDepartmentOCA NumberRMS JurisVPD CR20211131 CA0197300VPDREDONA,BRYAN*40E16:09:40 16:10:0916:10:14VPDVASQUEZ,LUIS4316:10:1217:57:1116:14:14MR C TOWMR C TOW16:21:08 16:21:0917:57:1216:39:18202107134041Page of 207/10/202101:06:38 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/09/202107/09/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20210713404PACIFIC BL // BELGRAVE, VERNONHBC19:50:1207/09/2021ASSTHPPNHPPDRPTDepartmentOCA NumberRMS JurisVPD CR20211132 CA0197300VPDMARTINEZ,GABRIEL*S520:24:0019:50:12VPDFLORES,TERESA31E21:36:0219:52:45VPDMADRIGAL,ALFONSO32W20:23:5419:53:45VPDGODOY,RAYMOND4020:23:5619:54:18VPDNEWTON,TODD4320:23:5819:52:5020210713419E 51ST // SANTA FE AV, VERNONVCK23:56:4307/09/20211015RPTVPDMARTINEZ,GABRIEL*S500:28:1923:56:43VPDFLORES,TERESA31E00:13:5900:16:21VPDGODOY,RAYMOND4023:56:4601:06:1623:58:05VPDNEWTON,TODD4300:13:1600:22:3800:17:39* Denotes Primary Unit2Page of 207/10/202101:06:38 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/10/202107/10/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107134225501 DOWNEY RD, VERNONRECJ AND J SNACK FOODS00:18:5707/10/2021VRECRPTDepartmentOCA NumberRMS JurisVPD CR20211133 CA0197300VPD CR20211134 CA0197300VPDMADRIGAL,ALFONSO*32W00:20:3602:02:3200:21:53VPDFLORES,TERESA31E00:32:0302:02:3200:32:08VPDNEWTON,TODD4300:22:3800:43:0800:25:56VPDMARTINEZ,GABRIELS500:28:2401:32:3300:32:24USTOWUS TOW01:15:25 01:15:2602:02:3201:31:44202107134635431 S DISTRICT BL, VERNON20002RVACANT BUILDING09:53:0007/10/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211135 CA0197300VPDREDONA,BRYAN*40E09:54:38 09:54:4110:32:0409:57:58202107134733001 SIERRA PINE AV, VERNONRECLINEAGE LOGISTICS13:49:0107/10/20211015VRECVSRPTDepartmentOCA NumberRMS JurisVPD CR20211136 CA0197300VPDCAM,PATRICK*41E13:50:46 13:51:1616:04:4613:54:58VPDSALDANA,CARLOS32W13:56:09 13:56:1015:07:3613:56:16VPDREDONA,BRYAN40E13:50:48 13:51:1817:24:3913:54:36VPDVASQUEZ,LUIS43W13:56:2114:20:1213:59:37MR C TOWMR C TOW14:49:11 14:50:4316:04:4015:09:21* Denotes Primary Unit1Page of 107/11/202100:27:42 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/11/202107/11/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107135375000 PACIFIC BL, VERNON487RANTIAGO ESTRADA09:44:2007/11/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211137 CA0197300VPDMACIEL,CYNTHIA*40W09:50:57 09:51:1710:44:0209:55:48202107135512369 E 51ST, VERNONPATCK15:56:5907/11/20211015RPTDepartmentOCA NumberRMS JurisVPD CR20211138 CA0197300VPDSALDANA,CARLOS*32W16:55:1915:56:59VPDMANNINO,NICHOLAS41E16:45:1416:06:56* Denotes Primary Unit1Page of 107/12/202100:57:07 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/12/202107/12/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20210713595PACIFIC BL // LEONIS BL, VERNON901TJOSE GARCIA05:28:2807/12/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211139 CA0197300VPDMADRIGAL,ALFONSO*40W05:30:52 05:30:5205:55:2205:31:18202107136012725 E 46TH, VERNON487RATLAS ALUMINUM06:49:1307/12/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211140 CA0197300VPD*40E06:59:0707:01:07 07:41:1407:05:46VPDFINO,MARCUS44W07:01:0307:41:1407:09:24202107136214935 52ND PL, VERNON925DUNN EDWARDS09:33:4007/12/2021VIRPTDepartmentOCA NumberRMS JurisVPD CR20211141 CA0197300VPDMANNINO,NICHOLAS*43W09:35:39 09:36:1410:49:2809:44:33VPDMACIEL,CYNTHIA32E10:46:1710:13:38VPDSALDANA,CARLOS40E09:36:3410:48:1709:38:30VPDSWINFORD,PHILLIP44W10:20:4810:25:4120210713625S ATLANTIC BL // BANDINI BL, VERNON901TROSCAR10:45:3707/12/2021VSRPTDepartmentOCA NumberRMS JurisVPD CR20211142 CA0197300VPDMACIEL,CYNTHIA*32E10:46:1811:43:0810:50:09VPDSALDANA,CARLOS40E10:48:2011:20:5610:50:21VPDMANNINO,NICHOLAS43W10:49:4510:56:4510:50:34202107136324530 SEVILLE AV, VERNON60211:48:4207/12/2021RPT1015DepartmentOCA NumberRMS JurisVPD CR20211143 CA0197300VPDSWINFORD,PHILLIP*44W11:49:3112:44:4711:50:57VPDMACIEL,CYNTHIA32E11:50:0112:53:2211:53:43VPDVILLEGAS,RICHARDXS11:53:5212:48:4011:58:41202107136421Page of 207/13/202102:48:42 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/12/202107/12/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107136423336 FRUITLAND AV, VERNONGTARJOBBERS MEAT PACKING15:03:0907/12/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211144 CA0197300VPDSALDANA,CARLOS*40E15:10:45 15:11:0215:11:22VPDMACIEL,CYNTHIA32E15:11:1816:01:5515:25:09202107136512650 E 46TH, VERNON487RFLORES DESIGN16:56:4807/12/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211145 CA0197300VPDSWINFORD,PHILLIP*44W17:37:2618:05:1117:39:0320210713666BANDINI BL // DOWNEY RD, VERNONPEDCK20:52:3007/12/20211015RPTVRECDepartmentOCA NumberRMS JurisVPD CR20211146 CA0197300VPDCERDA,EUGENIO*41E22:26:0120:52:30VPDLUCAS,JASON2120:52:3221:56:5620:55:31VPDCROSS,JEREMYS422:12:5021:16:23* Denotes Primary Unit2Page of 207/13/202102:48:42 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/13/202107/13/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107136963336 FRUITLAND AV, VERNON140JOBBER MEAT CO11:28:5007/13/2021SUPVPDSWINFORD,PHILLIP*4711:32:5111:58:4411:39:59202107136973049 E VERNON AV, VERNON487RFARMER JOHN11:39:5007/13/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211148 CA0197300VPDFINO,MARCUS*32W12:23:4711:46:3320210713708S ATLANTIC BL // BANDINI BL, VERNON41713:47:5007/13/2021RPT1015DepartmentOCA NumberRMS JurisVPD CR20211149 CA0197300VPDHERNANDEZ,MIGUEL,JR*40E13:50:0518:26:3213:55:14VPDFINO,MARCUS32W13:50:2515:30:0313:54:51VPDSWINFORD,PHILLIP4713:50:0816:08:2313:55:36VPDVILLEGAS,RICHARDXS13:50:5215:04:5214:00:14202107137104623 PACIFIC BL, VERNON911ATECH TRON15:28:5407/13/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211150 CA0197300VPDFINO,MARCUS*32W15:30:0415:47:0315:35:32202107137124455 FRUITLAND AV, VERNON20002RUNK16:11:3707/13/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211151 CA0197300VPDFINO,MARCUS*32W16:12:5417:07:0016:19:36202107137155721 ANDERSON, VERNON920PR17:24:0207/13/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211152 CA0197300VPDFINO,MARCUS*32W17:27:0317:27:14VPDSWINFORD,PHILLIP4717:27:1117:55:4017:38:361Page of 207/14/202102:37:05 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/13/202107/13/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107137171699 E SLAUSON AV, VERNONLOCATELASO TEMPLE17:39:3207/13/2021VRECVPDRECORDS BUREAU*RECD18:02:5318:02:43* Denotes Primary Unit2Page of 207/14/202102:37:05 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/14/202107/14/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20210713738E 48TH // CORONA AV, VERNONPEDCK01:36:5407/14/20211015RPTVPDMADRIGAL,ALFONSO*41E02:27:0301:36:54VPDSTEVENSON,KENT,JR2201:36:5702:03:5701:42:15VPDCERDA,EUGENIO43W01:47:2902:03:5501:52:0820210713742S BONNIE BEACH PL // BANDINI BL, VERNON273.502:45:0307/14/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211153 CA0197300VPDCERDA,EUGENIO*43W02:47:36 02:47:5503:26:0502:52:29VPDSTEVENSON,KENT,JR2203:08:5402:53:09VPDMADRIGAL,ALFONSO41E02:49:0606:48:0302:52:3120210713748S SANTA FE AV // 37TH, VERNON901TRKAREN06:54:5807/14/2021RPTOR1015DepartmentOCA NumberRMS JurisVPD CR20211155 CA0197300VPD CR20211154 CA0197300VPDCERDA,EUGENIO*43W06:55:2506:56:52VPDFINO,MARCUS32E07:04:3807:46:1507:46:09VPDMADRIGAL,ALFONSO40W07:57:2206:56:32VPDVELASQUEZ,RICHARD43E06:57:5707:46:4007:46:12VPDSWINFORD,PHILLIP44W08:46:0506:56:1120210713753SEVILLE//VERNON, VERNON20002RCAMINO REAL FOODS07:11:1507/14/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211156 CA0197300VPDFINO,MARCUS*32E07:46:1707:46:42VPDVASQUEZ,LUIS43E07:46:4008:52:2607:50:03202107137562265 E 38TH, VERNON594RVACANT BLDG08:04:4107/14/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211157 CA0197300VPDHERNANDEZ,MIGUEL,JR*40W08:29:3808:29:571Page of 307/15/202101:18:20 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/14/202107/14/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107137562265 E 38TH, VERNON594RVACANT BLDG08:04:4107/14/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211157 CA0197300VPDFINO,MARCUS32E08:29:5509:05:4708:38:2720210713773FRUITLAND AV // SOTO, VERNON901TRLACO FIRE15:09:0507/14/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211159 CA0197300VPDVASQUEZ,LUIS*43E15:09:3915:50:0015:14:25VPDHERNANDEZ,MIGUEL,JR40W15:10:1415:50:0015:15:25202107137754170 BANDINI BL, VERNON10-615:22:2107/14/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211158 CA0197300VPDVILLEGAS,RICHARD*XS15:53:2315:22:23VPDFINO,MARCUS32E16:30:0715:22:32VPDMARTINEZ,GABRIELS516:26:1116:22:5120210713776S SOTO // LEONIS BL, VERNON20002AT&T MOBILITY 800 635 6840 415:34:1207/14/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211160 CA0197300VPDSWINFORD,PHILLIP*44W15:40:2516:42:012021071378460FWY // ATLANTIC, MONT PARKDETMONTEREY PARK PD20:26:0607/14/2021ASSTVSVPDCERDA,EUGENIO*4120:31:19 20:31:2222:01:2320:46:34202107137934305 S SANTA FE AV, VERNONDET22:00:2907/14/20211015RPTVPDOURIQUE,CARLOS*5D3523:06:1822:00:30VPDCERDA,EUGENIO4123:05:5222:05:112Page of 307/15/202101:18:20 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/14/202107/14/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20210713796S ATLANTIC BL // BANDINI BL, VERNONVCK22:28:4907/14/2021VSDepartmentOCA NumberRMS JurisVPD CR20211161 CA0197300VPDNEWTON,TODD*47E22:42:5022:28:49* Denotes Primary Unit3Page of 307/15/202101:18:20 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: First Date: Last Date: 07/15/2021 07/15/2021 Call Number Disp Ten Code Caller Address Officer UnitDep Unit Time Dispatch Enroute Depart Arrive Remove Comp VERNON Received Complaint OnScene 20210713805 E VERNON AV // SOTO ST, VERNONMR60 01:23:0507/15/2021RPT Department OCA Number RMS Juris VPD CR20211163 CA0197300 VPD MARTINEZ,GABRIEL *S5 02:05:2801:23:05 VPD STEVENSON,KENT,JR 22W 02:21:1901:25:20 20210713809 4410 PACIFIC BL, VERNONGTA T-Mobile USA 888-662-4662 opt 402:00:5707/15/2021RPT Department OCA Number RMS Juris VPD CR20211162 CA0197300 VPD CROSS,JEREMY *S4 02:04:56 02:05:20 02:09:25 VPD CERDA,EUGENIO 41 02:07:34 02:07:43 03:06:3002:09:20 VPD NEWTON,TODD 47E 02:20:0502:08:36 20210713815 2788 E VERNON AV, VERNON902T VERNON SALES08:42:4707/15/2021RPT Department OCA Number RMS Juris VPD CR20211164 CA0197300 VPD CAM,PATRICK *41W 08:44:38 08:44:38 09:19:3508:47:58 20210713823 2035 E 46TH, VERNON459R TEICHMAN ENTERPRISE10:02:5907/15/2021RPT Department OCA Number RMS Juris VPD CR20211165 CA0197300 VPD REDONA,BRYAN *40E 10:05:16 10:41:4110:14:05 20210713824 2825 E 44TH, VERNON902T LINEAGE10:09:2207/15/2021RPT Department OCA Number RMS Juris VPD CR20211166 CA0197300 VPD VASQUEZ,LUIS *43 10:11:26 10:54:1410:19:53 20210713828 2820 S SOTO, VERNON902T PILOT DISTRIBUTION10:58:0407/15/2021RPT 1015 Department OCA Number RMS Juris VPD CR20211167 CA0197300 VPD CAM,PATRICK *41W 11:01:35 11:57:4911:03:28 VPD REDONA,BRYAN 40E 11:04:11 12:17:1711:08:33 VPD VASQUEZ,LUIS 43 11:02:52 11:57:08 12:17:1711:09:25 1Page of 307/16/2021 04:12:52 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: First Date: Last Date: 07/15/2021 07/15/2021 Call Number Disp Ten Code Caller Address Officer UnitDep Unit Time Dispatch Enroute Depart Arrive Remove Comp VERNON Received Complaint OnScene 20210713828 2820 S SOTO, VERNON902T PILOT DISTRIBUTION10:58:0407/15/2021RPT 1015 Department OCA Number RMS Juris VPD CR20211167 CA0197300 VPD GRAY,BRANDON L1 11:01:49 11:04:00 20210713835 4305 S SANTA FE AV, VERNONTEST 13:57:2107/15/2021VOID Department OCA Number RMS Juris VPD CR20211168 CA0197300 VPD RECORDS BUREAU *RECD 15:49:1113:57:39 VPD LUCAS,JASON 37 15:49:1113:59:29 20210713836 MAIN ST // SICHEL ST, LOS ANGELESLOCATE 15:17:3907/15/2021VREC VPD DISPATCH *DISP 17:09:4816:02:01 20210713840 MALBURG WY // SLAUSON AV, VERNONPEDCK 16:15:5507/15/20211015 CITE Department OCA Number RMS Juris VPD CR20211169 CA0197300 VPD REDONA,BRYAN *40E 16:35:2416:15:55 20210713848 E 26TH // SOTO, VERNON20002R KEVIN18:20:4907/15/2021RPT Department OCA Number RMS Juris VPD CR20211170 CA0197300 VPD CAM,PATRICK *41W 18:22:41 18:22:42 18:40:3818:23:10 20210713859 S SANTA FE AV // 38TH, VERNONREC 21:09:1307/15/2021VREC RPT 1015 Department OCA Number RMS Juris VPD CR20211171 CA0197300 VPD NEWTON,TODD *47W 22:56:5521:09:14 VPD STEVENSON,KENT,JR 22 21:11:35 21:59:33 23:23:4821:13:42 VPD MADRIGAL,ALFONSO 40E 21:11:11 21:37:0821:13:17 VPD MARTINEZ,GABRIEL S5 21:10:23 21:41:5721:13:06 2Page of 307/16/2021 04:12:52 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: First Date: Last Date: 07/15/2021 07/15/2021 Call Number Disp Ten Code Caller Address Officer UnitDep Unit Time Dispatch Enroute Depart Arrive Remove Comp VERNON Received Complaint OnScene 20210713860 3031 E VERNON AV, VERNON415 AMPM21:34:0807/15/2021RPT Department OCA Number RMS Juris VPD CR20211172 CA0197300 VPD MADRIGAL,ALFONSO *40E 21:37:11 21:37:11 00:45:1621:38:30 VPD MARTINEZ,GABRIEL S5 21:41:59 22:30:4321:43:36 * Denotes Primary Unit 3Page of 307/16/2021 04:12:52 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: First Date: Last Date: 07/16/2021 07/16/2021 Call Number Disp Ten Code Caller Address Officer UnitDep Unit Time Dispatch Enroute Depart Arrive Remove Comp VERNON Received Complaint OnScene 20210713884 E 26TH // INDIANA, VERNON901TR JOHN09:27:3707/16/2021RPT Department OCA Number RMS Juris VPD CR20211175 CA0197300 VPD CAM,PATRICK *20E 09:29:19 10:26:2009:29:50 20210713886 3049 E VERNON AV, VERNON594R FARMER JOHN09:41:5607/16/2021RPT Department OCA Number RMS Juris VPD CR20211176 CA0197300 VPD REDONA,BRYAN *32E 09:43:28 09:43:28 10:06:2209:44:14 20210713887 3737 S SOTO, VERNON902T MCDONALDS10:10:3907/16/2021RPT Department OCA Number RMS Juris VPD CR20211177 CA0197300 VPD VASQUEZ,LUIS *41W 10:12:47 10:48:0610:14:31 20210713890 S SUNOL DR // BANDINI BL, VERNON902T 11:41:0707/16/2021RPT CITE Department OCA Number RMS Juris VPD CR20211178 CA0197300 VPD CAM,PATRICK *20E 11:42:10 11:42:12 11:42:56 VPD REDONA,BRYAN 32E 11:42:53 12:39:4211:51:02 VPD VASQUEZ,LUIS 41W 12:02:54 12:03:04 VPD LANDA,RAFAEL 44 12:03:01 12:30:4912:10:02 20210713902 2046 E 52D, VERNON901T LABEL TEX13:53:1607/16/2021RPT Department OCA Number RMS Juris VPD CR20211179 CA0197300 VPD DOCHERTY,MICHAEL *43W 13:54:45 13:55:01 14:24:4513:57:29 VPD LANDA,RAFAEL 44 13:55:36 14:23:5514:01:27 20210713907 3838 S SANTA FE AV, VERNON902T JNJ APPAREL15:33:3107/16/2021RPT Department OCA Number RMS Juris VPD CR20211180 CA0197300 VPD DOCHERTY,MICHAEL *43W 15:35:28 15:36:07 VPD LANDA,RAFAEL 44 15:36:26 15:36:27 16:07:0415:58:29 1Page of 207/17/2021 02:38:11 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: First Date: Last Date: 07/16/2021 07/16/2021 Call Number Disp Ten Code Caller Address Officer UnitDep Unit Time Dispatch Enroute Depart Arrive Remove Comp VERNON Received Complaint OnScene 20210713913 5527 S DISTRICT BL, VERNONREC TOUGH STITCH16:46:5807/16/2021VREC Department OCA Number RMS Juris VPD CR20211181 CA0197300 VPD REDONA,BRYAN *32E 16:50:22 16:50:23 17:49:5916:55:42 20210713916 S SOTO // LEONIS BL, VERNON901T 17:44:3007/16/2021RPT Department OCA Number RMS Juris VPD CR20211182 CA0197300 VPD DOCHERTY,MICHAEL *43W 18:24:3717:44:30 VPD CAM,PATRICK 20E 17:44:33 17:44:33 18:24:3717:52:13 VPD REDONA,BRYAN 32E 17:55:5817:53:49 * Denotes Primary Unit 2Page of 207/17/2021 02:38:11 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: First Date: Last Date: 07/17/2021 07/17/2021 Call Number Disp Ten Code Caller Address Officer UnitDep Unit Time Dispatch Enroute Depart Arrive Remove Comp VERNON Received Complaint OnScene 20210713940 3315 E WASHINGTON BL, VERNONREC 00:44:4007/17/2021VREC Department OCA Number RMS Juris VPD CR20211183 CA0197300 VPD NEWTON,TODD *47 01:34:2400:44:50 20210713942 E 49TH // SANTA FE AV, VERNONVCK 01:25:5607/17/2021RPT VREC VPD GODOY,RAYMOND *44W 01:35:2901:25:56 20210713964 3030 S ATLANTIC BL, VERNONWELCK 10:07:2307/17/2021VOID ASST Department OCA Number RMS Juris VPD CR20211184 CA0197300 VPD CAM,PATRICK *43E 11:00:2210:07:24 VPD MACIEL,CYNTHIA 40W 10:13:12 11:00:2110:21:37 20210713990 3425 E VERNON AV, VERNON487R UNITED FOOD GROUP16:29:2307/17/2021RPT Department OCA Number RMS Juris VPD CR20211185 CA0197300 VPD MACIEL,CYNTHIA *40W 16:30:49 16:30:51 16:52:3016:30:52 20210714000 E WASHINGTON BL // DOWNEY RD, VERNONTRAFFIC STOP 18:18:5607/17/20211015 CITE RPT Department OCA Number RMS Juris VPD CR20211186 CA0197300 VPD CAM,PATRICK *43E 18:57:0418:18:57 VPD REDONA,BRYAN 41E 18:23:08 18:23:10 18:57:0418:23:12 20210714012 4200 CHARTER AV, VERNONPATCK 21:08:0207/17/2021RPT Department OCA Number RMS Juris VPD CR20211187 CA0197300 VPD MADRIGAL,ALFONSO *40E 22:00:3321:08:02 VPD GODOY,RAYMOND 44 21:08:06 21:08:06 21:17:1421:12:28 1Page of 107/18/2021 05:00:53 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/18/202107/18/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20210714029LEONIS BL // SOTO, VERNONPEDCK01:11:5307/18/20211015VPDMADRIGAL,ALFONSO*40E02:45:2301:11:53VPDFLORES,TERESA32W01:24:48 01:24:5002:31:1801:30:27VPDGODOY,RAYMOND4401:11:55 01:11:5602:03:3901:15:15202107140342550 ALAMEDA, VERNON20002R02:03:3407/18/2021RPTDepartmentOCA NumberRMS JurisVPDCR20211188CA0197300VPDESTRADA,IGNACIO*S302:45:4502:03:35VPDFLORES,TERESA32W03:07:4802:31:59VPDGODOY,RAYMOND4402:03:41 02:03:4303:23:3902:08:05USTOWUS TOW02:11:55 02:12:3802:45:5102:17:59202107140534250 S ALAMEDA, VERNON459RA AMERICAN SELF STORAGE09:15:1307/18/2021RPTDepartmentOCA NumberRMS JurisVPDCR20211189CA0197300VPDMANNINO,NICHOLAS*43W09:20:5010:55:1909:22:58VPDDOCHERTY,MICHAEL4410:54:3410:54:17202107140832727 E VERNON AV, VERNON484ROVERHILL FARMS19:14:3907/18/2021RPTDepartmentOCA NumberRMS JurisVPDCR20211190CA0197300VPDZOZAYA,OSCAR*47W19:25:06 19:25:0620:35:4819:51:4220210714094E 25TH // ALAMEDA, VERNON902TRLAPD22:05:2407/18/2021RPTCITYCCNDepartmentOCA NumberRMS JurisVPDCR20211191CA0197300VPDZOZAYA,OSCAR*47W22:07:09 22:09:39* Denotes Primary Unit1Page of 107/19/202101:36:54 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/19/202107/19/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107141303030 S ATLANTIC BL, VERNON902TLT CASTELI06:19:5007/19/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211192 CA0197300VPDZOZAYA,OSCAR*47W06:20:22 06:20:5706:59:4406:24:45VPDMADRIGAL,ALFONSO4006:20:2406:21:40 06:59:4406:31:52VPDFLORES,TERESA44E06:21:3706:59:4406:24:42VPDESTRADA,IGNACIOS306:37:3006:27:30202107141364305 S SANTA FE AV, VERNONTEST07:12:5807/19/2021TESTVOIDDepartmentOCA NumberRMS JurisVPD CR20211193 CA0197300VPDZOZAYA,OSCAR*2207:36:2507:13:14202107141433030 S ATLANTIC BL, VERNON20002RUNK08:09:5907/19/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211194 CA0197300VPDHERNANDEZ,MIGUEL,JR*43E08:15:50 08:16:3409:12:3108:18:52202107141442750 S ALAMEDA, VERNONPEDCK08:17:2807/19/2021RPT1015DepartmentOCA NumberRMS JurisVPD CR20211195 CA0197300VPDMANNINO,NICHOLAS*44W09:12:2308:17:28VPDMACIEL,CYNTHIA40W08:18:47 08:22:1308:56:4208:26:0520210714146S SANTA FE AV // PACIFIC BL, VERNON20002RVERIZON WIRELESS 1-800-451-524209:15:4007/19/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211196 CA0197300VPDMACIEL,CYNTHIA*40W09:18:43 09:19:1609:50:2409:22:11VPDMANNINO,NICHOLAS44W09:40:1409:26:4820210714147E 57TH // SANTA FE AV, VERNONGTAR09:22:2807/19/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211197 CA0197300VPDZOZAYA,OSCAR*2209:26:5209:27:041Page of 307/20/202102:15:23 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/19/202107/19/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20210714147E 57TH // SANTA FE AV, VERNONGTAR09:22:2807/19/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211197 CA0197300VPDFINO,MARCUS41E09:27:1010:18:0109:30:02202107141542938 E 54TH, VERNON459VRQX LOGISTICS10:55:1007/19/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211198 CA0197300VPDHERNANDEZ,MIGUEL,JR*43E10:57:4111:15:3511:10:15VPDFINO,MARCUS41E10:58:3013:18:4611:05:57202107141562300 E 57TH, VERNONGTARJETRO CASH AND CARRY11:07:1107/19/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211199 CA0197300VPDMANNINO,NICHOLAS*44W11:14:0812:01:3311:14:32VPDHERNANDEZ,MIGUEL,JR43E11:15:3612:01:2311:22:34202107141684361 S SOTO, VERNON484RGREAT AMERICAN PACKAGING12:43:3407/19/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211200 CA0197300VPDSALDANA,CARLOS*4712:47:2613:39:0212:58:02VPDHERNANDEZ,MIGUEL,JR43E12:59:1112:53:35VPDMANNINO,NICHOLAS44W12:49:1213:21:4212:53:5820210714173FRUITLAND AV // SOTO, VERNON901TT-Mobile USA 888-662-4662 opt 414:40:3507/19/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211201 CA0197300VPDFINO,MARCUS*41E14:41:24 14:41:3615:11:3914:42:16VPDMACIEL,CYNTHIA40W14:42:2615:11:39VPDHERNANDEZ,MIGUEL,JR43E15:11:4014:44:37VPDMANNINO,NICHOLAS44W15:06:3314:42:42VPDSALDANA,CARLOS4714:41:5515:11:4014:47:59VPDVILLEGAS,RICHARDXS15:06:0014:44:392Page of 307/20/202102:15:23 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/19/202107/19/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20210714176S DISTRICT BL // ATLANTIC BL, VERNON20002RNANCY15:30:1207/19/2021RPTDepartmentOCA NumberRMS JurisVPDCR20211202CA0197300VPDMACIEL,CYNTHIA*40W16:10:5015:31:52VPDHERNANDEZ,MIGUEL,JR43E16:21:3916:21:12VPDMANNINO,NICHOLAS44W16:46:2215:49:5920210714189CUDAHY // DISTRICT, VERNON902T18:14:2807/19/2021RPTDepartmentOCA NumberRMS JurisVPDCR20211203CA0197300VPDHERNANDEZ,MIGUEL,JR*43E19:09:2518:14:35VPDFINO,MARCUS41E19:06:1219:00:34202107141983260 E 26TH, VERNONREC21:17:3207/19/2021VRECDepartmentOCA NumberRMS JurisVPDCR20211204CA0197300VPDCERDA,EUGENIO*32E22:25:1921:17:3220210714204LEONIS BL // PACIFIC BL, VERNONTRAFFIC STOP23:32:2807/19/20211015RPTDepartmentOCA NumberRMS JurisVPDCR20211205CA0197300VPDZOZAYA,OSCAR*4023:58:5723:32:28* Denotes Primary Unit3Page of 307/20/202102:15:23 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/20/202107/20/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107142232721 E 46TH, VERNONA487RSUPERIOR GRAIN08:43:3307/20/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211206 CA0197300VPDMANNINO,NICHOLAS*32E09:24:5309:52:4309:25:4820210714225S ATLANTIC BL // BANDINI BL, VERNON902TLASO EAST LA09:51:5507/20/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211207 CA0197300VPDMANNINO,NICHOLAS*32E09:52:57 09:53:0310:15:1209:59:45202107142364820 E 50TH, VERNONGTARBON APPETIT12:27:5507/20/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211209 CA0197300VPDFLORES,TERESA*31E12:30:53 12:31:1314:58:3812:39:39202107142384310 BANDINI BL, VERNON487RRYERSON13:19:2607/20/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211208 CA0197300VPDSWINFORD,PHILLIP*4113:21:3814:05:2313:27:3520210714246DOWNEY RD // WASHINGTON BL, VERNONREC16:21:3807/20/2021VRECRPTVPDFLORES,TERESA*31E17:26:2716:21:51VPDMANNINO,NICHOLAS32E16:22:4816:34:0716:27:18VPDSWINFORD,PHILLIP4116:57:4816:28:52VPDHERNANDEZ,MIGUEL,JR44W16:29:5516:34:03VPDHERNANDEZ,EDWARD5D3217:05:4716:38:23VPDVELEZ,MARISSA5D3417:05:4916:38:26VPDMARTINEZ,GABRIELS517:26:3216:28:5920210714252S SANTA FE AV // 38TH, VERNONMISPLOCATEVERIZON WIRELESS 1-800-451-524217:37:1107/20/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211210 CA01973001Page of 207/21/202103:00:17 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/20/202107/20/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20210714252S SANTA FE AV // 38TH, VERNONMISPLOCATEVERIZON WIRELESS 1-800-451-524217:37:1107/20/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211210 CA0197300VPDMANNINO,NICHOLAS*32E17:37:44 17:37:5018:52:4117:50:25VPDSWINFORD,PHILLIP4117:37:45 17:37:5218:30:3317:40:08VPDHERNANDEZ,MIGUEL,JR44W17:38:4418:30:3517:48:08VPDMARTINEZ,GABRIELS518:17:5517:42:38VPDRAMOS,JOSEXS17:38:5918:30:3817:42:3520210714262GRANDE VISTA AV // HOLABIRD AV, VERNONREC20:56:5107/20/2021VRECDepartmentOCA NumberRMS JurisVPD CR20211211 CA0197300VPDCERDA,EUGENIO*32W21:30:5520:56:51VPDCERDA,PAUL,JR4320:57:0021:30:5521:02:20VPDCROSS,JEREMYS420:56:5721:30:5621:09:5220210714270LAPD/HOLLENBECK, VERNONLOCATE23:42:4707/20/2021VRECVPDRECORDS BUREAU*RECD00:21:0123:43:17* Denotes Primary Unit2Page of 207/21/202103:00:17 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/21/202107/21/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20210714277LAPD/HOLLENBECK, VERNONLOCATE02:29:3807/21/2021VRECVPDRECORDS BUREAU*RECD02:54:2402:30:02202107142872067 E 55TH, VERNON459RESSENTIAL DECOR07:13:0107/21/2021RPTDepartmentOCA NumberRMS JurisVPDCR20211212CA0197300VPD*32W07:18:1409:02:3807:25:59VPD40E07:19:5707:55:0007:22:41VPDHERNANDEZ,MIGUEL,JR4307:20:3109:02:3807:23:57VPDRAMOS,JOSEXS08:50:0907:24:0920210714288FRUITLAND AV // ALCOA AV, VERNONUNATTACHEDTR07:44:1907/21/2021RPT 40EVIDepartmentOCA NumberRMS JurisVPDCR20211213CA0197300VPDFINO,MARCUS*40E09:03:3707:59:38202107143052851 E 44TH, VERNON917A12:59:0307/21/2021VSDepartmentOCA NumberRMS JurisVPDCR20211215CA0197300VPDHERNANDEZ,MIGUEL,JR*4313:03:2213:37:4313:05:36202107143062035 E 37TH, VERNON917AJASAN FABRICATION GLASS13:14:1207/21/2021VSDepartmentOCA NumberRMS JurisVPDCR20211214CA0197300VPDFINO,MARCUS*40E13:19:5614:21:5613:24:1620210714336E 55TH // SANTA FE AV, VERNONTRAFFIC STOP23:06:1507/21/2021VIDepartmentOCA NumberRMS JurisVPDCR20211216CA0197300VPDCERDA,PAUL,JR*4323:53:3623:06:16VPDCERDA,EUGENIO41W23:06:1823:53:3623:08:571Page of 107/22/202106:38:46 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: First Date: Last Date: 07/22/2021 07/22/2021 Call Number Disp Ten Code Caller Address Officer UnitDep Unit Time Dispatch Enroute Depart Arrive Remove Comp VERNON Received Complaint OnScene 20210714356 4618 PACIFIC BL, VERNON602 FLORES DESIGN08:04:5907/22/2021RPT Department OCA Number RMS Juris VPD CR20211217 CA0197300 VPD VASQUEZ,LUIS *44W 08:06:37 08:07:10 08:25:3108:10:11 VPD FINO,MARCUS 32 08:06:39 08:07:14 09:29:2808:09:08 VPD CAM,PATRICK 40E 08:34:5408:12:38 20210714363 E VERNON AV // SANTA FE AV, VERNON902T ROGER MARQUEZ09:43:0007/22/2021RPT Department OCA Number RMS Juris VPD CR20211218 CA0197300 VPD RAMOS,JOSE *47 09:45:09 09:45:44 VPD VASQUEZ,LUIS 44W 09:45:37 10:15:2609:48:00 20210714375 3280 E 44TH, VERNON484R CULINARY INTERNATIONAL13:02:2607/22/2021RPT Department OCA Number RMS Juris VPD CR20211219 CA0197300 VPD CAM,PATRICK *40E 13:08:26 13:08:27 14:07:5613:15:49 VPD VASQUEZ,LUIS 44W 13:17:23 13:34:3013:20:45 20210714381 2639 LEONIS BL, VERNON20002R 15:22:1307/22/2021RPT Department OCA Number RMS Juris VPD CR20211220 CA0197300 VPD VASQUEZ,LUIS *44W 15:46:1315:22:13 20210714385 2640 E 26TH, VERNON902T 16:29:3407/22/2021RPT Department OCA Number RMS Juris VPD CR20211221 CA0197300 VPD VASQUEZ,LUIS *44W 17:12:5016:29:34 * Denotes Primary Unit 1Page of 107/23/2021 04:01:09 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: First Date: Last Date: 07/23/2021 07/23/2021 Call Number Disp Ten Code Caller Address Officer UnitDep Unit Time Dispatch Enroute Depart Arrive Remove Comp VERNON Received Complaint OnScene 20210714420 E VERNON AV // SOTO ST, VERNON902T ANTONIO OLIVERA08:58:0607/23/20211015 RPT VI OR Department OCA Number RMS Juris VPD CR20211223 CA0197300 VPD REDONA,BRYAN *40W 09:00:21 10:43:3209:01:31 VPD MADRIGAL,ALFONSO 32E 10:35:3509:10:21 VPD DOCHERTY,MICHAEL 44E 09:56:27 10:43:2110:00:13 VPD LANDA,RAFAEL 47 10:05:58 11:27:1110:29:26 VPD ENCINAS,ANTHONY 5D31 10:37:4610:03:02 VPD SANTOS,DANIEL S2 10:04:28 11:27:1310:24:08 20210714434 3390 E SLAUSON AV, VERNONAGTA CHRISTOPHER RANCH15:39:0407/23/2021RPT Department OCA Number RMS Juris VPD CR20211224 CA0197300 VPD DOCHERTY,MICHAEL *44E 15:40:27 15:40:28 16:35:2615:47:24 20210714439 2300 E 57TH, VERNONAGTA JETRO CASH AND CARRY16:34:1907/23/2021RPT Department OCA Number RMS Juris VPD CR20211225 CA0197300 VPD REDONA,BRYAN *40W 16:36:28 16:36:30 17:12:0216:51:32 20210714442 2651 E 45TH, VERNONGTAR 17:08:0007/23/2021RPT Department OCA Number RMS Juris VPD CR20211226 CA0197300 VPD REDONA,BRYAN *40W 17:13:33 17:13:36 17:48:2117:23:39 20210714456 SIERRA PINE // BANDINI, VERNONREC 22:31:0307/23/2021VREC RPT Department OCA Number RMS Juris VPD CR20211227 CA0197300 VPD FLORES,TERESA *32E 23:58:0722:31:03 VPD GODOY,RAYMOND 41W 22:34:27 22:43:15 * Denotes Primary Unit 1Page of 107/24/2021 00:16:46 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: First Date: Last Date: 07/24/2021 07/24/2021 Call Number Disp Ten Code Caller Address Officer UnitDep Unit Time Dispatch Enroute Depart Arrive Remove Comp VERNON Received Complaint OnScene 20210714485 4530 SEVILLE AV, VERNONPATCK 08:06:1007/24/2021RPT Department OCA Number RMS Juris VPD CR20211228 CA0197300 VPD SALDANA,CARLOS *31W 08:54:3908:06:10 VPD MACIEL,CYNTHIA 32W 08:18:44 08:18:54 08:42:1408:21:16 VPD SANTOS,DANIEL S2 08:18:47 08:18:58 08:46:0908:39:45 20210714497 1937 E VERNON AV, VERNONGTAR CHOICE PRODUCE12:34:4707/24/2021RPT Department OCA Number RMS Juris VPD CR20211229 CA0197300 VPD MACIEL,CYNTHIA *32W 12:40:21 12:40:41 13:40:0812:49:39 20210714499 GRANDE VISTA AV // HOLABIRD AV, VERNONREC 13:08:0807/24/2021VREC Department OCA Number RMS Juris VPD CR20211230 CA0197300 VPD CAM,PATRICK *41E 14:48:1313:08:08 20210714509 4530 SEVILLE AV, VERNONHBC 16:09:3407/24/20211015 RPT Department OCA Number RMS Juris VPD CR20211231 CA0197300 VPD SALDANA,CARLOS *31W 17:20:3216:09:34 VPD MACIEL,CYNTHIA 32W 17:20:2816:09:38 VPD REDONA,BRYAN 40E 16:50:0916:10:22 VPD CAM,PATRICK 41E 17:23:4416:12:12 VPD DOCHERTY,MICHAEL 44 17:23:4416:12:11 * Denotes Primary Unit 1Page of 107/25/2021 01:57:47 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/25/202107/25/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107145433480 E 26TH, VERNONPEDCK03:35:1007/25/2021RPT1015VRECDepartmentOCA NumberRMS JurisVPD CR20211232 CA0197300VPDFLORES,TERESA*32W05:49:3303:35:10VPDARANA,ANDRE31W03:35:13 03:35:1305:40:2503:38:00MR C TOWMR C TOW04:13:3105:40:2404:25:44202107145482221 E 55TH, VERNON415CITY RECYCLING YARD05:59:4407/25/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211233 CA0197300VPDARANA,ANDRE*31W06:00:33 06:01:1706:49:5706:07:29VPDFINO,MARCUS3206:49:5906:30:01VPDZOZAYA,OSCAR40E06:09:22 06:09:2306:49:4906:12:47VPDGODOY,RAYMOND41E06:00:40 06:01:1906:49:4706:07:27VPDGODOY,RAYMOND41W06:29:1607:56:5006:30:27VPDDOCHERTY,MICHAEL4406:50:0106:30:04VPDESTRADA,IGNACIOS306:49:5306:10:07VPDVILLEGAS,RICHARDXS06:26:5406:49:5406:33:0620210714560S 2ND // ANDERSON, VERNON459VR09:59:1107/25/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211234 CA0197300VPDSALDANA,CARLOS*41W10:02:4010:37:4810:07:33VPDMANNINO,NICHOLAS4310:03:0910:46:2210:07:3620210714578E 54TH // SOTO, VERNONPEDCK17:14:1507/25/2021RPT1015DepartmentOCA NumberRMS JurisVPD CR20211235 CA0197300VPDMACIEL,CYNTHIA*32E18:39:5617:14:15VPDSALDANA,CARLOS41W18:08:0117:16:59202107145971Page of 207/26/202105:00:04 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/25/202107/25/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107145974281 BANDINI BL, VERNONGTARALL BROS WHOLESALE22:22:4007/25/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211236 CA0197300VPDZOZAYA,OSCAR*40E22:27:3823:34:2122:41:01202107146023770 E WASHINGTON BL, VERNONREC23:43:3207/25/2021VRECRPTVPDZOZAYA,OSCAR*40E23:45:3200:47:4123:54:17* Denotes Primary Unit2Page of 207/26/202105:00:04 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/26/202107/26/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107146222021 E 52D, VERNON459RALLIED SALES07:21:0607/26/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211237 CA0197300VPDMACIEL,CYNTHIA*31W07:23:09 07:23:3807:32:1107:27:43VPDSALDANA,CARLOS4007:23:4708:21:4707:27:45202107146282570 E 25TH, VERNON487RPROFESSIONAL PRODUCE09:03:0807/26/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211238 CA0197300VPDSWINFORD,PHILLIP*4409:06:05 09:06:1509:07:45VPDMACIEL,CYNTHIA31W09:07:3809:58:5209:16:0720210714635BANDINI BL // SUNOL DR, VERNONREC10:06:4107/26/2021VRECDepartmentOCA NumberRMS JurisVPD CR20211239 CA0197300VPDFINO,MARCUS*26E11:07:0510:11:13VPDMACIEL,CYNTHIA31W10:11:3311:06:3510:14:51VPDSALDANA,CARLOS4010:11:3210:57:1310:26:15VPDMANNINO,NICHOLAS41W10:11:4510:51:0610:26:19VPDVILLEGAS,RICHARDXS11:07:0610:19:14202107146372570 E 25TH, VERNON140PROFESSIONAL PRODUCE10:57:4107/26/2021SUPVPDMACIEL,CYNTHIA*31W11:06:36 11:06:5111:23:2511:16:29* Denotes Primary Unit1Page of 107/27/202100:21:05 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/27/202107/27/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107146954444 AYERS AV, VERNON484RLA CURACAO07:24:5207/27/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211240 CA0197300VPDFINO,MARCUS*40E07:26:01 07:26:1607:26:35VPDMANNINO,NICHOLAS32E07:26:3307:50:3907:31:58202107147243311 SLAUSON, VERNONGTAR14:09:5707/27/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211241 CA0197300VPDSWINFORD,PHILLIP*43W14:10:2414:59:0914:10:4820210714727FRUITLAND AV // MALABAR, VERNONPEDCK14:51:0307/27/2021RPT1015VSDepartmentOCA NumberRMS JurisVPD CR20211242 CA0197300VPDHERNANDEZ,MIGUEL,JR*41W19:14:5514:51:03VPDFINO,MARCUS40E18:31:4714:59:04VPDSWINFORD,PHILLIP43W16:43:0917:09:4215:21:09202107147292416 E 27TH, VERNON41515:17:4007/27/20211015RPTDepartmentOCA NumberRMS JurisVPD CR20211243 CA0197300VPDMANNINO,NICHOLAS*32E15:24:0917:28:4315:26:59VPDSWINFORD,PHILLIP43W15:24:3916:05:3415:29:37* Denotes Primary Unit1Page of 107/28/202103:15:21 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/28/202107/28/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107147685051 E SLAUSON AV, VERNONRECALL MASTERS08:21:1707/28/2021VRECRPTVOIDDepartmentOCA NumberRMS JurisVPD CR20211244 CA0197300VPD CR20211245 CA0197300VPD CR20211246 CA0197300VPDFINO,MARCUS*31E08:25:3809:48:1508:34:2120210714773S DISTRICT BL // ATLANTIC BL, VERNON902TEMILIA09:45:1807/28/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211247 CA0197300VPDVASQUEZ,LUIS*43E09:47:3910:32:5509:51:28202107147852546 S ALAMEDA, VERNONWELCKJERSEY MIKES13:26:1407/28/2021RPTMETDepartmentOCA NumberRMS JurisVPD CR20211248 CA0197300VPDSWINFORD,PHILLIP*44W13:27:2514:04:3113:31:55VPDFINO,MARCUS31E13:28:2615:22:4213:31:58VPDVASQUEZ,LUIS43E13:27:4714:04:3613:31:54202107147902932 E 54TH, VERNONAGTARSM WHOLESALE16:33:0107/28/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211249 CA0197300VPDSWINFORD,PHILLIP*44W16:33:1017:02:5016:37:4320210714801SANTA FE // FLORENCE, VERNONTRAFFIC STOP22:52:1807/28/20211015RPTVSDepartmentOCA NumberRMS JurisVPD CR20211251 CA0197300VPDCROSS,JEREMY*S400:48:4722:52:18VPDSTEVENSON,KENT,JR22E23:02:5801:09:1723:11:45VPDCERDA,PAUL,JR43W22:52:39 22:52:40 23:00:02VPDMARTINEZ,GABRIELS500:48:5022:52:21* Denotes Primary Unit1Page of 107/29/202101:13:20 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: First Date: Last Date: 07/29/2021 07/29/2021 Call Number Disp Ten Code Caller Address Officer UnitDep Unit Time Dispatch Enroute Depart Arrive Remove Comp VERNON Received Complaint OnScene 20210714804 2522 E 37TH, VERNON273.5 T-Mobile USA 888-662-4662 opt 400:15:2507/29/20211015 RPT Department OCA Number RMS Juris VPD CR20211250 CA0197300 VPD CERDA,EUGENIO *41 00:16:17 00:16:19 02:58:4600:18:34 VPD CROSS,JEREMY S4 01:56:46 02:28:3400:48:54 VPD MARTINEZ,GABRIEL S5 00:53:1300:48:55 20210714812 3361 FRUITLAND AV, VERNONMR60 07:46:0907/29/2021RPT Department OCA Number RMS Juris VPD CR20211252 CA0197300 VPD CAM,PATRICK *40E 07:48:55 08:33:2807:54:39 20210714815 3005 BANDINI BL, VERNON487R DIRECT SOURCE DISTRIBUTION08:05:4907/29/2021RPT Department OCA Number RMS Juris VPD CR20211253 CA0197300 VPD RAMOS,JOSE *47 08:14:14 08:14:31 09:05:2008:19:05 20210714823 4435 S SANTA FE AV, VERNONTRAFFIC STOP 10:21:3407/29/2021CITE RPT VI Department OCA Number RMS Juris VPD CR20211254 CA0197300 VPD REDONA,BRYAN *32W 10:55:0310:21:34 VPD RAMOS,JOSE 47 10:30:10 10:55:0310:32:06 20210714827 INDUSTRIAL WAY // WASHINGTON BL, VERNONREC 11:17:3907/29/2021VREC 1015 RPT Department OCA Number RMS Juris VPD CR20211255 CA0197300 VPD CAM,PATRICK *40E 13:27:1411:17:39 VPD REDONA,BRYAN 32W 11:17:42 12:43:5511:19:27 VPD RAMOS,JOSE 47 11:18:01 12:21:4511:23:13 VPD ENCINAS,ANTHONY 5D31 11:29:0011:28:38 VPD HERNANDEZ,EDWARD 5D32 11:34:3611:28:40 VPD VELEZ,MARISSA 5D34 11:34:3911:28:57 1Page of 307/30/2021 01:26:38 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: First Date: Last Date: 07/29/2021 07/29/2021 Call Number Disp Ten Code Caller Address Officer UnitDep Unit Time Dispatch Enroute Depart Arrive Remove Comp VERNON Received Complaint OnScene 20210714827 INDUSTRIAL WAY // WASHINGTON BL, VERNONREC 11:17:3907/29/2021VREC 1015 RPT Department OCA Number RMS Juris VPD CR20211255 CA0197300 VPD OURIQUE,CARLOS 5D35 11:34:4111:28:42 VPD LANDA,RAFAEL XS 12:22:1611:23:05 20210714829 3680 S SANTA FE AV, VERNONWELCK SG IMPORTS12:25:1507/29/20211015 RPT VREC Department OCA Number RMS Juris VPD CR20211258 CA0197300 VPD LANDA,RAFAEL *XS 12:28:20 13:59:5812:30:16 VPD REDONA,BRYAN 32W 13:59:5712:43:58 VPD RAMOS,JOSE 47 13:59:5713:03:26 20210714830 HOLABIRD // WASHINGTON, VERNONREC 12:30:0007/29/2021VREC RPT Department OCA Number RMS Juris VPD CR20211256 CA0197300 VPD CR20211257 CA0197300 VPD VASQUEZ,LUIS *43 13:05:2012:30:00 20210714833 BONNIE BEACH//BANDINI, VERNON487R 13:29:2807/29/2021RPT Department OCA Number RMS Juris VPD CR20211259 CA0197300 VPD VASQUEZ,LUIS *43 14:16:4813:35:04 20210714835 5119 S DISTRICT BL, VERNON459VR AMAZON FULLFILMENT13:37:0507/29/2021RPT Department OCA Number RMS Juris VPD CR20211260 CA0197300 VPD RAMOS,JOSE *47 14:00:05 14:30:5814:10:44 20210714843 2011 E 27TH, VERNON917A LA MAIN CONNECTION15:43:0907/29/2021RPT VS Department OCA Number RMS Juris VPD CR20211261 CA0197300 2Page of 307/30/2021 01:26:38 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: First Date: Last Date: 07/29/2021 07/29/2021 Call Number Disp Ten Code Caller Address Officer UnitDep Unit Time Dispatch Enroute Depart Arrive Remove Comp VERNON Received Complaint OnScene 20210714843 2011 E 27TH, VERNON917A LA MAIN CONNECTION15:43:0907/29/2021RPT VS Department OCA Number RMS Juris VPD CR20211261 CA0197300 VPD VASQUEZ,LUIS *43 15:50:14 15:50:42 VPD REDONA,BRYAN 32W 15:50:29 16:36:3215:59:40 20210714846 S ALAMEDA // VERNON AV, VERNON901T ABNER ESCOBAR17:58:2107/29/2021RPT OR Department OCA Number RMS Juris VPD CR20211262 CA0197300 VPD REDONA,BRYAN *32W 18:00:27 18:44:5018:01:56 VPD CAM,PATRICK 40E 18:44:5018:02:35 VPD VASQUEZ,LUIS 43 18:44:5118:06:12 * Denotes Primary Unit 3Page of 307/30/2021 01:26:38 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/30/202107/30/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene202107149095800 S BOYLE AV, VERNON902TNORTON PACKAGING13:46:3007/30/2021RPTCITEDepartmentOCA NumberRMS JurisVPD CR20211263 CA0197300VPDREDONA,BRYAN*26E13:47:55 13:47:5614:30:0413:57:12VPDVASQUEZ,LUIS4014:00:55 14:05:3114:22:5114:06:4220210714913ALCOA AV // SLAUSON AV, VERNON901TPASSER BY14:31:1607/30/2021RPTORDepartmentOCA NumberRMS JurisVPD CR20211264 CA0197300VPDREDONA,BRYAN*26E14:31:54 14:31:5515:27:1914:31:56VPDCAM,PATRICK31W14:32:2914:59:46 15:27:2014:39:10VPDDOCHERTY,MICHAEL4414:35:4015:24:3714:39:16USTOWUS TOW14:43:07 14:43:0715:27:2015:07:4520210714917ALCOA AV // LEONIS BL, VERNON902TMANUEL GUZMAN15:36:1907/30/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211265 CA0197300VPDREDONA,BRYAN*26E15:38:0015:38:17VPDDOCHERTY,MICHAEL4416:19:4915:38:24VPDSANTOS,DANIELS215:46:0315:51:31* Denotes Primary Unit1Page of 107/31/202100:51:52 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:07/31/202107/31/2021Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20210714951S SOTO // 44TH, VERNONPEDCK00:07:0407/31/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211266 CA0197300VPDMADRIGAL,ALFONSO*44E00:25:5000:07:04VPDGODOY,RAYMOND32E00:07:0500:25:4900:15:1120210714958E 25TH // ALAMEDA, VERNONREC01:46:3407/31/2021VRECRPTDepartmentOCA NumberRMS JurisVPD CR20211267 CA0197300VPDFLORES,TERESA*38W02:39:4101:46:34MR C TOWMR C TOW02:12:49 02:12:5002:39:4202:26:23202107149724309 E DISTRICT BL, VERNONA487RROYAL WHOLESALE07:13:0007/31/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211268 CA0197300VPD*40E07:14:10 07:14:2608:47:0707:39:43202107149784405 FRUITLAND AV, VERNONGTARWHOLE FOOD TRADING08:51:2307/31/2021RPTDepartmentOCA NumberRMS JurisVPD CR20211269 CA0197300VPDREDONA,BRYAN*32E08:57:51 08:57:5209:34:1609:02:2920210714989E 26TH // SOTO, VERNON901TLAUREN - WITNESS14:07:4707/31/2021RPTORDepartmentOCA NumberRMS JurisVPD CR20211270 CA0197300VPDCAM,PATRICK*40E14:08:35 14:08:3615:17:1514:12:27VPDSALDANA,CARLOS31W14:11:3315:21:3014:14:59USTOWUS TOW14:31:11 14:32:0115:17:1714:53:32* Denotes Primary Unit1Page of 108/01/202105:17:49 City Council Agenda Item Report Agenda Item No. COV-742-2021 Submitted by: Cynthia Cano Submitting Department: Public Works Meeting Date: September 21, 2021 SUBJECT Public Works Department Monthly Report Recommendation: Receive and file the July 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 July 2021. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Public Works Department July 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 2,979,923$ 48 11,026,068$ 91 5,711,149$ 45 10,175,760$ 107 18%-8% March 2,808,127$ 16 13,834,195$ 107 1,966,225$ 43 12,141,985$ 150 40%-12% April 1,100,252$ 10 14,934,447$ 117 4,257,030$ 57 16,399,015$ 207 77%10% May 1,134,292$ 14 16,068,739$ 131 9,312,090$ 51 25,711,105$ 258 97%60% June 3,485,709$ 55 19,554,448$ 186 3,826,680$ 59 29,537,785$ 317 70%51% July 3,301,660$ 53 72,878,447$ 378 4,969,602$ 38 34,507,387$ 355 -6%-53% 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 $10,000,000 Monthly 2020 Construction Value 2021 Construction Value 2020 Number of Permits 2021 Number of Permits 0 50 100 150 200 250 300 350 400 $- $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 $70,000,000 $80,000,000 Year to Date 2020 Year to Date Value 2021 Year to Date Value 2020 Year to Date Permits 2021 Year to Date Permits Value 10 1 5 2 12 7 1 38 355 53 PREVIOUS MONTHS TOTAL PRIOR YEAR TO DATE TOTAL $3,301,660.00 $69,576,787.38 325 $72,878,447.38 378 PREVIOUS MONTHS TOTAL $29,537,785.00 317 YEAR TO DATE TOTAL $34,507,387.00 July 2020 TOTALS PERMITS: Plumbing $94,615.95 Roof $129,000.00 July 2021 TOTALS PERMITS:$4,969,601.95 Industrial - Remodel $296,642.00 Mechanical $128,000.00 Miscellaneous $486,034.00 City of Vernon Building Department Monthly Report from 7/1/2021 to 7/31/2021 Type # of Permits Electrical $835,310.00 Grading $3,000,000.00 Tenant Description Job Value City of Vernon Building Department Major Projects from 7/1/2021 to 7/31/2021 Valuations > 20,000 Permit No.Project Address Electrical B-2020-4376 1951 VERNON AVE smart A & C Inc.Install 2 new coolers 46000 APN 6302017043 B-2020-4259 3375 SLAUSON AVE Electrical - TI for office on first and second floor 309380 APN 6310004015 B-2021-4654 3333 DOWNEY RD Installation of compressed natural gas (CNG) fueling station equipment o supply fuel to our client's natural gas vehicle fleet. 350000 APN 6303001001 B-2021-4798 6190 BOYLE AVE Electrical - lighting retrofit; lighting control panel and LED 93000 APN 6310027037 4 Record(s)$798,380.00 Grading B-2021-4505 4620 SEVILLE AVE Grading - 1 office building with park/industrial building 3000000 APN 6308002016 1 Record(s)$3,000,000.00 Industrial - Remodel B-2021-4716 4550 MAYWOOD AVE LA Distribution Cooler box 62x80x23-6 35 degree 171642 APN 6304022045 B-2020-4379 1951 VERNON AVE Best Produce Install (2) coolers, #1 2,024sf, #2 2,239sf, freezer 1,049sf, (N) office, kitchen, demo wall 98000 APN 6302017043 2 Record(s)$269,642.00 Mechanical B-2020-4377 1951 VERNON AVE Refrigeration equipment and installation for new coolers and freezer F/W B-2020-4379 68000 APN 6302017043 B-2021-4834 3220 26TH ST C & L Refrigeration Replace (2) condensing units and (2) air units for walk-in cooler 60000 APN 6303002025 2 Record(s)$128,000.00 Miscellaneous B-2021-4460 4240 BANDINI BLVD non friable asbestos roof material removal 600 sf mastic. An executed manifest shall be submitted to the city prior to final inspection. 120000 APN 6304004015 B-2021-4483 5601 BICKETT ST Equipment slab, equipment platform 104850 APN 6310015036 B-2021-4502 2611 SANTA FE AVE storage racks 27000 APN 6302008031 B-2021-4784 4519 EVERETT AVE Strengthen (E) purlins for fire sprinkler system upgrade. 80000 APN 6304022037 B-2021-4685 3390 SLAUSON AVE Storage racks - 16,985 sq. ft.75000 APN 6310027048 B-2021-4686 3351 SLAUSON AVE Storage racks 23000 APN 6310004010 6 Record(s)$429,850.00 Plumbing B-2020-4226 2801 46TH ST Plumbing for new Mens and Womens restrooms & employee breakroom. Drainage, waste and vent. Hot and cold water piping. 50000 APN 6303014016 1 Record(s)$50,000.00 Roof B-2021-4789 6131 MALBURG WAY Re-roof (1) existing roof with new maintenance system WC-1P-XE 720 ARC White coating bright white 0.84 0.75 0.89 0.91 106 93 replace skylights - matching existing layout and type 129000 APN 6310027042 2 1 Record(s)$129,000.00 17 Permit(s)Total $4,804,872.00 None City of Vernon Building Department New Buildings Report - July 2021 None City of Vernon Building Department Demolition Report - July 2021 15 19 552 14 Month of July 2021 City of Vernon Building Department Status of Certificates of Occupancy Requests Request for Inspection Approved Pending Temporary Occupancies City of Vernon Certificate of Occupancy Applications Date From 7/1/2021 to 7/31/2021 Permit No. Project Address Description Tenant Square Feet Fees Paid Issued C-2021-1728 2050 49TH ST Bee Solution Network, Inc. 54000 Warehousing of electronics 1,046.00 6308015077 APN C-2021-1729 6116 MALBURG WAY POCAS International Corp. 31562 Wholesale and distribution of food and beverages 885.00 6310027051 APN C-2021-1730 5981 MALBURG WAY Lux Los Angeles, LLC 12232 Storage of clothing 885.00 6310027046 APN C-2021-1731 2485 VERNON AVE Cali USA Apparel Corp. 2000 Online sales of clothing and storage 385.00 6302018017 APN C-2021-1733 3751 SEVILLE AVE Capital Logistics and warehosuing 136000 Warehousing and distribution and general merchandise 1,207.00 6302020040 APN C-2021-1734 2454 27TH ST MySaints DME LLC 500 Durable medical equipment 385.00 6302004023 APN C-2021-1735 5015 PACIFIC BLVD Grand Cabbage 2000 Wholesale garments 385.00 6308010019 APN C-2021-1736 5015 PACIFIC BLVD Hena Print 4000 Fabric printing 385.00 6308010019 APN C-2021-1737 2761 FRUITLAND AVE Jaya Apparel Group LLC 11097 Garment manufacturing 885.00 6308002006 APN C-2021-1738 3257 26TH ST Smallhold, Inc. 33900 Indoor culinary mushroom farming 885.00 5169033016 APN C-2021-1739 4519 EVERETT AVE Gold Wing Trading, Inc. 69900 Warehousing and distribution 1,046.00 6304022037 APN C-2021-1740 3375 SLAUSON AVE AFSCME District Council 36 30000 Office/meeting space 885.00 6310004015 APN C-2021-1741 4383 EXCHANGE AVE California Ranch Food Company Inc. 18370 Food packaging 885.00 6304021052 APN C-2021-1742 4625 50TH ST TTV 16500 Art gallery exhibits and filming studio 885.00 6304017011 APN C-2021-1732 4827 49TH ST JNA Apparel Unlimited Inc. 40784 Warehousing and distribution of garments 1,770.00 6304014003 APN 462,845.00 Total for Certificate of Occupancy: 12,804.00 Total Fees Paid 12,804.00 Permits(s) 15 1 City of Vernon Certificate of Occupancy Issued Date From 7/1/2021 to 7/31/2021 Permit No. Project Address Description Tenant Square Feet Fees Paid Issued C-2019-1273 3239 46TH ST Westgate Mfg. Inc. 28232 Warehousing and distribution of equipment & lighting fixtures 885.00 7/8/2021 6303016002 APN C-2021-1701 2761 FRUITLAND AVE I & I Wholesale Corp. dba Iris 148852 Office & Warehouse - Wholesale of women's clothing 2,414.00 7/12/2021 6308002006 APN C-2021-1623 2100 49TH ST Nuys, Inc. 54000 Warehousing and distribution of general merchandise 1,046.00 7/13/2021 6308015077 APN C-2020-1491 4545 PACIFIC BLVD Southern California Curling Center Inc. 42013 Curling ice facility 885.00 7/14/2021 6308008024 APN C-2021-1711 2241 49TH ST Silvut, LLC 1000 Furniture sales 385.00 7/15/2021 6308015044 APN C-2019-1397 5685 ALCOA AVE QX Logistix LLC 116450 Warehousing and distribution of general merchandise 1,207.00 7/19/2021 6310008009 APN C-2021-1688 2050 52ND ST Espirit Trading Inc. 10000 Warehousing and distribution of refrigerated dig vegetables & fruit 885.00 7/20/2021 6308016038 APN C-2021-1689 3310 LEONIS BLVD Trim Line 9628 Garment cutting 885.00 7/21/2021 6303026007 APN C-2021-1695 2914 LEONIS BLVD The Million Roses, Inc. 11974 Manufacturing handmade paper boxes with flowers 885.00 7/21/2021 6303024017 APN C-2021-1699 2833 LEONIS BLVD. American Consumer Products, LLC. 800 Office use 385.00 7/21/2021 6303022004 APN C-2021-1712 6200 MALBURG WAY Top Knobs USA Inc. 44588 Warehousing and distribution of cabinet hardware 885.00 7/21/2021 6310027053 APN C-2021-1727 2150 25TH ST Sunrise Apparel Import Inc. 20000 Warehousing and distribution of apparel 885.00 7/21/2021 6302008030 APN C-2021-1655 1900 25TH ST Cherry Mellow, Inc. 38000 Warehousing and distribution of apparel 885.00 7/21/2021 6302009016 APN C-2021-1662 3608 S SOTO ST CV Business Management LLC 1567 Restaurant 385.00 7/21/2021 APN C-2020-1586 2645 S SANTA FE AVE H & A Greative Works, LLC 4500 Warehousing and distribution of apparel 385.00 7/27/2021 APN 1 Permit No. Project Address Description Tenant Square Feet Fees Paid Issued C-2021-1647 3390 SLAUSON AVE Lam Sheng Kee West Coast Limited 50000 Cold storage and distribution of seafood 885.00 7/27/2021 6310027048 APN C-2017-0815 2787 LEONIS BLVD Bags & Luggage 4 Closeout 200 Office use only 385.00 7/27/2021 6308002012 APN C-2021-1679 1980 25TH ST Privy, Inc. 20000 Warehousing and distribution of garments 885.00 7/27/2021 6302009017 APN C-2021-1707 2944 44TH ST Attrend, Inc. 2000 Warehousing and distribution of clothing 385.00 7/27/2021 6303015005 APN 603,804.00 Total for Certificate of Occupancy: 15,827.00 Total Fees Paid 15,827.00 Permits(s) 19 2 City Council Agenda Item Report Agenda Item No. COV-788-2021 Submitted by: Daniel Wall Submitting Department: Public Works Meeting Date: September 21, 2021 SUBJECT City Housing Quarterly Report Recommendation: Receive and file the September 2021 City Housing Quarterly Report. Background: The attached update was provided to the Vernon Housing Commission at its Regular Meeting on September 8, 2021, and is presented to the Council for its information. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. September 2021 Quarterly Housing Report Vernon Housing Commission September 8, 2021 Daniel Wall - Director of Public Works Quarterly Report Overview 2 1. Rent Register 2. Occupancy 3. Call Summary 4. Soil Remediation 5. Remodel 6. Inspections 7. Closing Public Works effectively manages City-owned housing and strives to provide outstanding service to its tenants. Rent Register 3 There is one tenant that has several months of rent that is past due. Delinquency: • Outstanding balance as of 8/31/2021 is $17,599.82 • City has been compliant with COVID-19 Notice Process • City applied for state rental assistance on behalf of tenant • Updates will continue to be provided at VHC meetings Occupancy Block Properties Occupied Unoccupied Furlong 10 9 4324 Furlong* 50th 8 7 3382 50th Fruitland 6 5 3361 Fruitland Vernon 2 2 0 - Full Notes *Utilized for temporary relocation of tenant to facilitate remodeling. Summary of Calls Received 5 Month Calls Received Types of Calls Avg. Days To CompleteRepairs Questions Housing Inquiries Other June 11 3 2 6 0 > 1 day July 6 3 0 3 0 > 1 day August 6 2 0 4 0 > 1 day Totals 23 8 2 13 0 > 1 day Fruitland Soil Remediation - Completed 6 Fruitland Block - 6/4/21 New Sod 4328 Furlong Remodel Demo Work 5/19/21 Furlong Remodel - Completed 9/1/2021 Inspections ○Goal is to complete bi-annual inspections of all City-owned residential units ○Mid-year inspections completed ○End-of-year inspections forthcoming 8 Public Works: 1.Follows established VHC Policies and Procedures in management practices including filling vacancies via lottery 2.Actively inspects and maintains City-owned residential properties in accordance with best practices for landlords 3.Manages housing costs in a fiscally responsible manner within the budget approved by the City Council 4.Stays abreast of current issues impacting City-owned properties and tenants (environmental, rental assistance, COVID-19 etc.) 5.Engages tenants through proactive and legally compliant communications to inform of actions and invite feedback 9 In Closing... City Council Agenda Item Report Agenda Item No. COV-743-2021 Submitted by: Claudia Arellano Submitting Department: Public Utilities Meeting Date: September 21, 2021 SUBJECT Acceptance of Electrical Easement at 2638 East Vernon Avenue (APN 6308-005-015) Recommendation: A. Find that the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review under CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment; accepting a utility easement does not have the potential for significant effect on the environment, and therefore is exempt from CEQA; and B. Accept the Electrical Easement and authorize the Mayor to execute the Certificate of Acceptance. Background: The tenant occupying the property located at 2638 Vernon Avenue is upgrading certain facility equipment which requires an electrical upgrade. A new City-owned pad mounted transformer and switch are being installed to accommodate the electrical upgrades. As such, an easement is required for the installation and maintenance of the City-owned electrical facilities serving the property. The Public Utilities Department received a fully executed Electrical Easement by Casmar CRF Holdings, LLC for the property at the above-mentioned location, also known as Assessor’s Parcel Number 6308-005-015. The Easement and Certificate of Acceptance have been reviewed and approved by the Vernon Public Utilities Department. The Easement and Certificate of Acceptance have also been approved as to form by the City Attorney’s Office. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Electrical Easement and Certificate of Acceptance - 2638 Vernon Avenue RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn: City Clerk MAIL TAX STATEMENTS TO: Exempt EASEMENT (ELECTRICAL) APN: 6308-005-015 DOCUMENTARY TRANSFER TAX IS NONE —NOT REQUIRED SEC. 11922 REVENUE TAXATION CODE. FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, Casmar CRF Holdings, LLC (the "Grantor") HEREBY GR.ANT(S) TO: City of Vernon, a municipal corporation (the "Grantee") An easement for• every purpose beneficial to the Vernon Public Utilities Department, including, but not limited to, the right to construct, lay, install, use, maintain, alter, add to, repair, replace, inspect and remove undeigi•ound and overhead electric and other public utilities, consisting of pole, guys and anchors, crossarms, wires, cables, conduits, manholes, vaults, pull boxes, markers and other fixtures and appliances with the right of ingress and egress in, on, over, under, across and through that certain real property in the City of Vernon, County of Los Angeles, State of California, as described in Exhibit "A" attached hereto and incorporated herein by this reference, and as more particularly shown on the map attached hereto as Exhibit "B" and incorporated herein by this reference. This easement is on a portion of the property owned by the Grantor. The Grantee, and its employees shall have free access to said facilities and every part thereof, at all times, for the purpose of exercising the rights herein granted. Date: ~~1 ~a ~ , 2021 Casmar CRF Holdings, LLC "Grantor" signed in counterpart Willia Crum Member R~ame, Title Signature A~ame, Title Signattrj~e A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Texas County of ~~ ~~ ((1`'1(~ On ~ before me, ~' , (Insert Name of otary Public and Title) personally appeared ~, 1~`l , ~~ Yarn() who proved to me on the basis of satisfactory evidence to be the per•son(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their• signatures) on the instrument the person(s), or• the entity upon behalf on which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Texas that the forgoing paragraph is true and correct. ~~~`q~`""''~~ CRYSTAL LEYVA P~Y P~/ ~~i WITNESS my hand and official seal. :_° ~'~ ~~~_Notary Public, state ofTex~s 9:~^~,.~P~~ Comm. Expires 11-20-2023 y''~i;~;~~~`~ Notary ID 130441921 Signature (Seal) -.. RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn: City Clerk MAIL TAX STATEMENTS TO: Exempt EASEMENT (ELECTRICAL) APN: 6308-005-015 DOCUMENTARY TRANSFER TAX IS NONE —NOT REQUIREll SEC. 11922 REVENUE TAXATION CODE. FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, Casmar CRF Holdings, LLC (the "Grantor") HEREBY GR.ANT(S) TO: City of Vernon, ~ municipal corporation (the "Grantee") An easement for every purpose beneficial to the Vernon Public Utilities Department, including, but not limited to, the right to construct, lay, install, use, maintain, alter, add to, repair, replace, inspect and remove underground and overhead electric and other public utilities, consisting of pole, guys and anchors, crossarms, wires, cables, conduits, manholes, vaults, pull boxes, markers and other fixtures and appliances with the right of ingress and egress in, on, over, under, across and through that certain real property in the City of Vernon, County of Los Angeles, State of California, as described in Exhibit "A" attached hereto and incorporated 'herein by this reference, and as more particularly shown on the map attached hereto as Exhibit "B" and incorporated herein by this reference. This easement is on a portion of the property owned by the Grantor. The Grantee, and its employees shall have free access to said facilities and every part thereof, at all times, for the purpose of exercising the rights herein granted. Date: ~ ~ ~ "~ ~' ~ , 2021 Casmar CRF Holdings, LLC "Grantor" .----, Name Title a u~•e Name, Title Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On DUNE 29, 2021 before me, Yelena Osadchaya Notary Public (insert name and title of the officer) personal ly appeared JESSE CASSO JR. who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha an icial seal. ~~~~ ~~ ry YELENA OSADCHAYA :, ~~ .- ~ Notary Public •California 2 Los Angeles County s '~° Commission ~ 2331092 ""~ My Comm. Expires Aug 26, 2024 Sign ture PSOMAS 1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 Z6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 EXHIBIT ~~A" LEGAL DESCRIPTION PaWER FACILITIES EASEMENT 2638 VERNON AVENUE. Being a portion of 10 of Tract No. 14256, in the City of Vernon, County of Los Angeles, State of California, per Map recorded in Book 337, Pages 25 through 28, inclusive of Maps, in the Office of the County Recorder of said County, said land described as follows: Commencing at a point on the northerly line of said Lot 10, said point distant North 88°27'25" East 138.00 feet from the northwest corner of said Lot 10; thence along said northerly line, North 88°27'25" East 39.26 feet to the Point of Beginning; thence continuing along said northerly line North 88°27`25" East 45.50 feet; thence leaving said northerly line, South 01°32'35" East 28.00 feet to a line parallel with and lying 28.00 feet southerly of said northerly line; thence along said parallel line, South 88°27'25" West 45.50 feet; thence North Ol°32'35" West 28.00 feet to the Point of Beginning. The above described strip of land contains an area of 1274 square feet, more or less. This Legal Description is shown on the accompanying "Legal Description Exhibit B", is made a part hereof for reference purposes, was prepared as a convenience, and is not intended for the use in the division andJor conveyance of land in violation of the Subdivision Map Act of the State of California. Prepared by me or under my direction ..-.. ~~~ ~~ c~ DOUGLAS R. '` ~ ~~ ~f ~ ~L~ °` HOWARD ~ Dougl s R. Howard, PLS 6169 Date PSOMAS `f9 No. 6169 ~~~ ~F ~F CA~~~~~ Sheet I of I W:\1CAM220100\SURVEY~LEGALS~LEGAL ELEC 2021-0401.docx April 1, 2021 DRH LEGAL DESCRIPTION EXHIBIT "B" POWER FACILITES EASEMENT 138.00' P DATE: 04/01/2021 JQB No: 1CAM22010~, psaMa ~ Sauth FT~~ SLile 4306 (213)1400 (213) 223-t4H (f11X) 0 N 39.26' N88°27'25"E VERNC~N AVENUE N 88°27'25" E 45.50' d ~0 . . SIDEWALK.. . CHL.~C FENCE X—.--.--~--r-. , ~ , ' , p ~ . ~ N ~ ~IN M .--~ 0 tJTIL17Y • RAD . ~. (V • ..E-d ~'" . fT) W ,-{ ~, ~.n ~ . . ~ ~, tom') • ~ . .Q O S 88°27'25" W 45.50' ~ Jr~~ ~ J r 1 J -rr~r~ r 1-' ~~1 J, ~% ~~~1,~, ~~~ J ~~ l TASK 100 ~.::........ • ..• INDICATES AREA COVERED BY THE LEGAL DESCRIPTION o SHEET 1 ~F 1 CHLK FENCE 2638 VERNON AVENUE o~ ~~ o~ , o~ zo~ seA~E: ~ " _ ~ o' s L m 0 i 0 J J a c~ w 0 s N N a U E a Z 0 M N N a CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that interests in real property conveyed to or created in favor of the City of Vernon by that certain Electrical Easement signed in counterparts dated July 9, 2021 and June 29, 2021, respectively, executed by Casmar CRF Holdings, LLC, a Delaware limited liability company, is hereby accepted by the undersigned officer on behalf of the City pursuant to the authority conferred by Minute Order by the City Council of the City on September 21, 2021, and the grantee consents to recordation thereof by its duly authorized officer. Dated: , 2021 CITY OF VERNON MELISSA YBARRA, Mayor ATTEST: LISA POPE, City Clerk APPROVED AS TO FORM: ZAYNAH N. MOUSSA, Interim City Attorney City Council Agenda Item Report Agenda Item No. COV-781-2021 Submitted by: Margarita Beltran Submitting Department: Public Works Meeting Date: September 21, 2021 SUBJECT Award of City Contract No. CS-1349 Americans with Disabilities (ADA) Improvements at the Intersection of Pacific Blvd./ Vernon Ave. and Santa Fe Ave. Recommendation: A. Find that the proposed action is categorically exempt under the California Environmentally Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (Existing Facilities), part (c) (existing highways, streets and sidewalks), because the project consists of the maintenance, repair, or minor alteration of existing streets for ADA improvements and involves no expansion of an existing use; B. Accept the bid proposal from EBS General Engineering, Inc., as the lowest responsive and responsible bidder for the ADA Improvements at the Intersection of Pacific Blvd./Vernon Ave. and Santa Fe Ave. project and reject all other bids; C. Approve and authorize the City Administrator to execute Contract No. CS-1349 in the amount of $90,281 for the ADA Improvements Project at Pacific Blvd./Vernon Ave. and Santa Fe Ave. project, in substantially the same form as submitted, for a period not to exceed 30 calendar days; and D. Authorize a contingency of $15,000 in the event of an unexpected changed condition in the project and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount if necessary. Background: In efforts to comply with the 2020 City of Vernon Americans with Disabilities Act (ADA), Title II, Self-Evaluation and Transition Plan (Resolution No. 2020-43), on May 19, 2021, the City Administrator authorized the advertisement of a Notice Inviting Bids (NIB) for the ADA Improvements at the Intersection of Pacific Blvd./Vernon Ave. and Santa Fe Ave. Project. This project consists of the construction of new ADA ramps, sidewalks, curbs, and gutters at the intersection of Pacific Blvd./Vernon Ave. and Santa Fe Ave. On May 24, 2021, the Public Works Department advertised the NIB for Contract No. CS-1349, ADA Improvements at the Intersection of Pacific Blvd./Vernon Ave. and Santa Fe Ave. (Project). The NIB was posted on the City's Planetbids website and published in the local newspaper. The bids for the Project were received and opened on June 7, 2021. The calculated results were as follows: 1. EBS General Engineering, Inc. $90,281.00 2. Vido Samarzich, Inc. $134,495.00 3. Onyx Paving Company, Inc. $148,000.00 4. CT&T Concrete Paving $174,615.00 Public Works staff reviewed the bids and deemed that the bid received by EBS General Engineering, Inc. is the lowest responsive and responsible bid. Based on a thorough bid evaluation, staff recommends award of the proposed Construction Contract to EBS General Engineering, Inc. The proposed contract has been reviewed and approved as to form by the City Attorney’s Office. Fiscal Impact: The cost of this contract in the amount of $90,281 (with a contingency of $15,000, and a potential total amount of $105,281) will be expensed to the Public Works Department account 011.1043.900000 in FY 2021-2022. Attachments: 1. Contract No. CS-1349 - ADA Improvements at Pacific Blvd./Vernon Ave. and Santa Fe Ave. Page 1 of 127 STANDARD FORM OF CONSTRUCTION CONTRACT BETWEEN CITY AND CONTRACTOR This Agreement is made and entered into at Vernon, California this 21st day of September , 2021, by and between the CITY OF VERNON, a chartered municipal corporation (hereinafter "City") and EBS General Engineering, Inc., a California corporation (hereinafter "Contractor"), for construction of ADA Improvements at the Intersection of Pacific Blvd./Vernon Ave. and Santa Fe Ave., City Contract No. Contract CS-1349. THE PARTIES HERETO AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS The “Contract Documents” except for modifications issued after execution of this Agreement, shall consist of the following documents which are either attached hereto as exhibits or are incorporated into this Agreement by this reference, with the same force and effect as if set forth at length herein: A. Governmental Approvals including, but not limited to, permits required for the Work B. This Agreement C. Exhibit A – General Conditions D. Exhibit 1 – Performance Bond E. Exhibit B – Special Provisions Specific for this Project F. Exhibit C – Equal Employment Opportunity Practices Provisions G. Exhibit D – City Standard Plans H. Notice Inviting Bids I. Instructions to Bidders J. Bid Forms K. Designation of Subcontractors 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: Page 2 of 127 A. None 3. SCOPE OF WORK Within the Contract Time and for the stated Contract Sum, subject to adjustments thereto, and pursuant to the Contract Documents, the Contractor shall perform and provide all necessary: labor; services; supervision; materials; tools; equipment; apparatus; facilities; supplies; tools; permits, inspections, plan checks, and similar Governmental Approvals; temporary utilities; utility connections; and transportation necessary to complete the Work in strict conformity with the Contract Documents for: ADA Improvements at the Intersection of Pacific Blvd./Vernon Ave. and Santa Fe Ave. Contract No. CS-1349 4. TIME FOR PERFORMANCE Contract Time. Contractor shall achieve Substantial Completion of the Work within 30 calendar days from the Date of Commencement established in City’s written Notice to Proceed (“Contract Time”), subject to adjustment in accordance with the Contract Documents. Contractor shall achieve Final Completion of the Work, within the time established by the Certificate of Substantial Completion issued by the City. The Contract Time may only be adjusted as permitted by this Construction Contract and the General Conditions. Time is of the essence of this Agreement. Except when the Contract Documents state otherwise, time is of the essence in the performance of the Work. Contractor acknowledges that the time limits and deadlines set forth in the Contract Documents are reasonable for Contractor to perform and complete the Work. Liquidated Damages. If Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time for Substantial Completion, Contractor shall pay City as liquidated damages the amount of one thousand five hundred dollars ($1,500) per day for each calendar day occurring after the expiration of the Contract Time for Substantial Completion until Contractor achieves Substantial Completion of the entire Work, as required by Article 3 of the General Conditions of Contract. Contractor Initial here: _________. Page 3 of 127 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 ninety thousand, two hundred and eighty-one dollars/no cents ($90,281.00), payable as set forth in the General Conditions (“Contract Sum”). IN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and year first above written. Executed at ___________________, California. EBS General Engineering, Inc.: By: _______________________________________ An Authorized Signatory Printed Name: ______________________________ Title: ______________________________________ Date: ______________________________________ CITY OF VERNON: APPROVED AS TO FORM: By: By: Name: Carlos Fandino Name: Zaynah N. Moussa Title: City Administrator Title: Interim City Attorney Date: ATTEST: By: Name: Lisa Pope Title: City Clerk CONTRACTOR’S SIGNATURE MUST BE NOTARIZED Contractor’s Corporate Seal Page 4 of 127 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 5 of 127 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 6 of 127 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 – Indigenous Peoples’ Day 9. November 11th – Veterans Day 10. The 4th Thursday in November – Thanksgiving Day 11. December 24th – Christmas Eve 12. December 25th – Christmas Day 13. December 31st – New Year’s Eve U. Director. The Director of the Public Works Department of the City of Vernon or his/her duly appointed representative. V. Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. W. Extra Work. New or unforeseen work will be classified as Extra Work when determined by the City that the work is not described in, or reasonably inferable from, the Contract Documents, the work is not covered by any Bid line item or Allowance, and the work causes Contractor to incur additional and unforeseen costs. X. Field Directive. See, “Work Directive.” Y. Final Completion. Final Completion is the stage of performance of the Work when (1) all Work required by the Contract Documents has been fully completed in compliance with the Contract Documents and all applicable laws including, but not limited to, correction or completion of all punch list items noted by City upon Substantial Completion; (2) Contractor has delivered to City an Application for Final Payment and all closeout documentation required by the Contract Documents; and (3) documentation of all final Governmental Approvals has been submitted to City including, but not limited to a final Certificate of Occupancy or equivalent Building Department sign -off has been issued covering the entire Project site without exception or conditions. Z. Force Majeure. “Force Majeure” includes but is not limited to declared or undeclared war, sabotage, insurrection, riot, or other acts of civil disobedience, labor disputes, fires, explosions, floods, earthquakes or other acts of God. Page 7 of 127 AA. Fragnet. The sequence of new activities that are proposed to be added to an existing schedule. BB. Governmental Approval. Any approval, authorization, inspection, certification, consent, exemption, filing, permit, registration, plan check, ruling or similar authorization required by any federal, state or local law, regulation or procedures in order for 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 Page 8 of 127 and performance of related services, including, but not limited to, the Project Technical Specifications, Standard Specifications, if any, and any applicable Trade Association Specifications. OO. Substantial Completion. Substantial Completion is defined to mean the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents as determined by the City so that the City can occupy and utilize the Work for its intended use and as further defined in the Contract Documents. PP. Unilateral Change Order. See “Work Directive.” QQ. Utility Fees. The fees charged by any public, private, cooperative, municipal and/or government line, facility or system used for the carriage, transmission and/or distribution of cable television, electric power, telephone, water, gas, oil, petroleum, steam, chemicals, sewage, storm water or similar commodity including, but not limited to fees for temporary utilities and refuse hauling. RR. Warranty. Assurance to City by contractor, installer, supplier, manufacturer or other party responsible as warrantor, for the quantity, quality, performance and other representations of a product, system service of the Work. SS. Work. The term "Work" means the construction and other services required by, and reasonably inferable from the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. TT. Work Directive. A Work Directive is a unilateral written order issued by the City directing Contractor to continue performance of the Work or to perform a disputed change in the Work prior to agreement or adjustment, if any, in the Contract Sum, Contract Time, or both. 1.02 REPRESENTATIVES A. The Director shall be the representative of the City and, except as otherwise expressly provided herein, shall make all decisions and interpretations to be made by the City under the provisions of the Contract Documents. B. The Contractor shall at all times be represented on the Work in person or by a duly designated agent. Instructions and information given by the Director to the Contractor's agent on the Work shall be considered as having been given to the Contractor. 1.03 PERMITS, INSPECTIONS, PLAN CHECKS, AND SIMILAR GOVERNMENTAL APPROVALS AND UTILITIES A. City of Vernon shall obtain all Governmental Approvals and Utility Fees required for the construction of the project. B. Contractor shall obtain a no-fee encroachment permit from the City of Vernon’s Public Work, Water and Development Services Department. C. All documents evidencing Contractor’s satisfaction with all Governmental Approvals and Utility Fees must be submitted to the City prior to submission of the Application for Final Payment. D. Where requirements of the Governmental Approvals differ from those of the Drawings and Specifications, the more stringent requirements shall apply. Page 9 of 127 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 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. Page 10 of 127 1.07 DATA TO BE FURNISHED BY THE CONTRACTOR The Contractor shall furnish the Director with such information as the Director may desire respecting the character of the materials and the progress and manner of the Work, including all information necessary to determine the Contractor’s costs, such as the number of persons employed, their pay, the time during which they worked on the various classes of construction, and other pertinent data. 1.08 CONTRACT DRAWINGS The City will accept no responsibility for errors resulting from misinterpretation or scaling of the Drawings. 1.09 SPECIFICATIONS AND DRAWINGS A. The Contractor shall keep on the Work Site a copy of all Specifications, Drawings, and Change Orders pertaining to the Work and shall at all times give the Director access thereto. Anything mentioned in the Specifications and not shown on the Drawings or shown on the Drawings and not mentioned in the Specifications shall be of like effect as though shown or mentioned in both. B. In general, the Drawings will show dimensions, positions, and kind of construction; and the Specifications will define materials, quality, and standards. Any Work not particularly detailed, marked or specified, shall be the same as similar parts that are detailed, marked or specified. C. The Drawings shall not be scaled to determine dimensions, and in all cases shall be calculated from figures shown on the Drawings. Any discrepancies between scale and figured dimensions, not marked “not to scale,” must be brought to the Director’s attention before proceeding with the Work affected by the discrepancy. D. Omissions from the Drawings and/or Specifications shall not relieve the Contractor from the responsibility of furnishing, making, or installing all items required by law or code, or usually furnished, made or installed in a project of the scope and general character indicated by the Drawings and Specifications. E. For convenience, the Drawings and Specifications may be arranged in various trade subparagraphs, but such segregation shall not be considered as limiting the Work of any subcontract or trade. The Contractor shall be solely responsible for all subcontract arrangements of the Work regardless of the location or provision in the Drawings and Specifications. F. The City will furnish free of charge to the Contractor, a maximum of six (6) sets of Contract Drawings and Specifications. The Contractor shall pay for the costs of any additional sets or portions thereof. The Contractor shall be responsible to see that all sets are the same as the up-to-date approved set. 1.10 PRECEDENCE OF CONTRACT DOCUMENTS A. In the event of conflict between any of the Contract Documents, the provisions placing a more stringent requirement on the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials unless otherwise directed by City in writing. In the event none of the Contract Documents place a more stringent requirement or greater burden on the Contractor, the controlling provision shall be that which is found in the document with higher precedence in accordance with the following order of precedence: Page 11 of 127 1. Governmental Approvals including, but not limited to, permits required for the Work 2. Modifications issued after execution of the Contract (including modifications to Drawings and Specifications) 3. The Contract, including all exhibits, attachments, appendices and Addenda, with later Addenda having precedence over earlier Addenda 4. Special Conditions, if any 5. General Conditions 6. Specifications 7. Drawings 8. Bidding Requirements B. With reference to the Drawings, the order of precedence is as follows: 1. Change Order Drawings 2. Addenda Drawings 3. Contract Drawings 4. Project Drawings 5. Standard Drawings 6. Detail Drawings 7. General Drawings 8. Figures 9. Scaled dimensions C. Within the Specifications, the order of precedence is as follows: 1. Change Orders 2. Special Conditions 3. Project Technical Specifications 4. Standard Specifications, if any 5. Applicable Trade Association Specifications 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. Page 12 of 127 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. 23. Immediately upon discovery of a difference between field conditions and the Contract Documents, the Contractor shall prepare and submit a detailed report through a Request for Information (RFI). Include a detailed description of the differing conditions, together with recommendations for a remedy. The Daily Construction Report must be: signed by Contractor’s Superintendent, submitted within 24 hours (next Working Day) to the Director, and shall be made available to others as directed by City. 1.13 LINES, GRADES, AND MEASUREMENTS A. All lines and grades will be established by the Contractor. The Contractors shall carefully preserve all survey stakes and reference points as far as possible. Should any stakes or points be removed or destroyed unnecessarily by any act of the Contractor or his/her employees, they must be reset to the satisfaction of the Director, at the Contractor's expense. B. The Contractor shall inform the Director 48 hours (two Work Days) in advance of the times and places at which he/she intends to Work in order that inspection may be provided, and that necessary measurements for records and payments may be made with minimum inconvenience. C. No direct payment will be made for the cost to the Contractor of any of the Work or delay occasioned by giving lines and grades, by making other necessary measurements, or by inspection. 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, Page 13 of 127 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 14 of 127 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 15 of 127 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, or (c) sent by a recognized overnight mail or courier service, with delivery receipt requested, 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: EBS General Engineering, Inc. 1345 Quarry Street, Ste 101 Corona, CA 92879 Attention: Thomas Nanci, President Phone: 951-279-6869 Email: bids@generalengineering.com All communications shall be copied to City and shall be delivered to City’s Director at the address set forth below, with copies to such additional persons as may be directed by City’s Director. City of Vernon Public Works Department 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Daniel Wall, Director of Public Works Phone: (323) 503-8811 x 305 E-mail: dwall@ci.vernon.ca.us B. Notices shall be deemed received when actually received in the office of the addressee (or by the addressee if personally delivered) or when delivery is refused, as shown on the receipt of the U. S. Postal Service, private carrier or other Person making the delivery. All notices received after 5:00 p.m. shall be deemed received on the first business day following delivery. 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 Page 16 of 127 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 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 Page 17 of 127 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 Director to the Contractor, use (which includes, but is not limited to, taking over or placing into Page 18 of 127 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 19 of 127 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 Page 20 of 127 the Contract Documents; (ii) the Work will be of good quality and free from defects; (iii) the Work will conform to the requirements of the Contract Documents; and (iv) Contractor will deliver the Project free of stop notice claims. Work not conforming to these requirements, including substitutions not accepted by the City, will be deemed defective. The Contractor’s warranty excludes improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the City, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the correction obligation of Paragraph 2.04 herein. 2. Overlap. Where any warranties provided under the Contract Documents overlap, conflict, or are duplicative, Contractor will be bound by the more stringent requirements. 3. Procurement and Assignment of Warranties: Contractor shall obtain in the name of City, or transfer or assign to City or City’s designee prior to the time of Final Completion of the Work, any and all warranties or guarantees which Contractor is required to obtain pursuant to the contract Documents and which Contractor obtained from any other person or entity other than Contractor including, but not limited to, Subcontractors and manufacturers, and further agrees to perform the Work in such a manner so as to preserve any and all such warranties. Contractor shall secure written warranties from all Subcontractors. Contractor and its Subcontractors shall offer any warranty upgrades or extensions that are offered by manufacturers of any equipment or system installed in the Work to the City. Contractor shall deliver to City all warranty and guarantee documents and policies. 4. Survival of Warranties: The provisions of this paragraph 2.15 will survive Contractor’s completion of the Work or termination of Contractor’s performance of the Work. B. Correction of Work 1. Before or After Final Completion. The Contractor shall promptly correct Work rejected by the City or City’s designee, as failing to conform to the requirements of the Contract Documents, whether discovered before or after Final Completion and whether or not fabricated, installed, or completed. Costs of correcting such rejected Work, including additional testing, inspections, and compensation for the City’s services and expenses made necessary thereby, will be at the Contractor’s expense within the Contract Price. 2. After Final Completion. (a) In addition to the Contractor’s warranty obligations under Paragraph 2.15-A, if, within one (1) year after the date of Final Completion of the Work or within the time period established by any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall commence correction or replacement of such Work within forty-eight (48) hours after receipt of written notice from the City to do so. The Contractor shall perform such corrective work without charge or cost to the City after Final Completion of the Work. The City shall give such notice promptly after discovery of the condition. (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 Page 21 of 127 and administrative expense. The City may charge such costs against any payment due Contractor. If, in the opinion of the City, defective work creates a dangerous or hazardous condition or requires immediate correction or attention to prevent further loss to the City or to prevent interruption of operations of the City, the City may take immediate action, give notice, make such correction, or provide such attention and the cost of such correction or attention will be charged against the Contractor. Such action by the City will not relieve the Contractor of the warranties provided in this Article or elsewhere in the Contract Documents. 3. Replacement or Removal of Defective or Unauthorized Work. The Contractor shall remove from the Site and replace those portions of the Work which are not in accordance with the requirements of the Contract Documents in a manner acceptable to and as ordered by the 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 Page 22 of 127 petroleum products or other organic or earthen material from any construction, or associated activity or whatever nature shall be allowed to enter into or placed where same may be washed by rainfall or runoff into waters of the State. When operations are completed, any excess materials or debris shall be removed from the Work area. 2.17 WATER POLLUTION CONTROL A. The Contractor shall meet all applicable City of Vernon, state and federal clean water laws, rules and regulations including but not limited to all conditions set forth in the Vernon Municipal Code Chapter 21, Article 5 regarding stormwater and urban runoff controls as it relates to public agency activities including, but not limited to storm and/or sanitary sewer system inspection and repair, street sweeping, trash pick-up and disposal, and street and right-of-way construction and repair are required to implement and maintain the activity specific Best Management Practices (BMPs) listed in Table 2-1 below in compliance with the National Pollutant Discharge Elimination System (NPDES) requirements. Contractor shall not discharge any water containing trash, debris, pollutants, fuels, oils, soaps or other non-allowable constituents from its sweeping vehicles upon any city street, to any storm drain or any non-permitted outlet. As part of its submission, contractor shall describe its methods for preventing NPDES violations during sweeping operations within the City. In addition, Contractor shall comply with all NPDES requirements at its maintenance facilities, storage yards and company facilities. Failure to comply with this section may result in termination for cause by the City of any contract resulting from this solicitation. Table 2-1. BMPs for Public Agency Facilities and Activities General and Activity Specific BMPs General BMPs Scheduling and Planning Spill Prevention and Control Sanitary/Septic Waste Management Material Use Safer Alternative Products Vehicle/Equipment Cleaning, Fueling and Maintenance Illicit Connection Detection, Reporting and Removal Illegal Spill Discharge Control Maintenance Facility Housekeeping Practices Flexible Pavement Asphalt Cement Crack and Joint Grinding/ Sealing Asphalt Paving Structural Pavement Failure (Digouts) Pavement Grinding and Paving Emergency Pothole Repairs Sealing Operations Rigid Pavement Portland Cement Crack and Joint Sealing Mudjacking and Drilling Concrete Slab and Spall Repair Slope/Drains/Vegetation Shoulder Grading Nonlandscaped Chemical Vegetation Control Nonlandscaped Mechanical Vegetation Control/Mowing Nonlandscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub Removal Page 23 of 127 Fence Repair Drainage Ditch and Channel Maintenance Drain and Culvert Maintenance Curb and Sidewalk Repair Litter/ Debris/ Graffiti Sweeping Operations Litter and Debris Removal Emergency Response and Cleanup Practices Graffiti Removal Landscaping Chemical Vegetation Control Manual Vegetation Control Landscaped Mechanical Vegetation Control/ Mowing Landscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub Removal Irrigation Line Repairs Irrigation (W atering), Potable and Nonpotable Environmental Storm Drain Stenciling Roadside Slope Inspection Roadside Stabilization Stormwater Treatment Devices Traction Sand Trap Devices Bridges W elding 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 (W orking 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 24 of 127 B. Water Quality Protection Requirements for Construction Projects with Less than One (1) Acre of Disturbed Soil. All construction projects, regardless of size, will be required to implement best management practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) to meet the minimum water quality protection requirements and implement all applicable set of BMPs as defined in Table 2-2. Please refer to the California Stormwater Quality Association’s Construction Handbook (available on their website: www.cabmphandbooks.com) for further information regarding the BMPs listed in Table 2-2. All construction projects with Less than One (1) Acre of Disturbed Soil shall submit to the City a signed Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit (Exhibit 5). The Contractor may self-certify that the following training was completed on an annual basis providing they certify they have received all applicable training: • The Contractor shall train all of their employees in targeted positions (whose interactions, jobs, and activities affect stormwater quality) on the requirements of the overall stormwater management program. • When the Work includes the use or have the potential to use pesticides or fertilizers, the Contractor shall train all of their employees (whether or not they normally apply pesticides or fertilizers as part of their work). Training programs shall address: 1) The potential for pesticide-related surface water toxicity 2) Proper use, handling, and disposal of pesticides Table 2-2 Minimum Water Quality Protection Requirements and Applicable Set of BMPs for All Construction Projects Category Minimum Requirements BMPs 1. Sediment Control Sediments generated on the project site shall be retained using adequate Treatment Control or Structural BMPs. Sediment Control 2. Non-Stormwater Management, Waste Management and Materials Pollution Control Construction-related materials, wastes, spills or residues shall be retained at the project site to avoid discharge to streets, drainage facilities, receiving waters, or adjacent properties by wind or runoff. Non-storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project sites. Stormwater Management; Waste Management 3. Erosion Control Erosion from slopes and channels shall be controlled by implementing an effective combination of BMPs, such as the limiting of grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. Erosion Control Page 25 of 127 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 26 of 127 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 precipita tion 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 27 of 127 The Contractor shall be fully responsible for preventing and containing sewage spills as well as recovering and properly disposing of raw sewage. In addition, the Contractor is responsible for any fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is damaged by the contractor shall be immediately repaired at the Contractor’s expense. The Contractor shall take all measures necessary to prevent further damage or service interruption and to contain and clean up the sewage spills. G. Sewage Spill Telephone Notification Should a sewage spill occur, the Contractor shall immediately report the incident to both of these two City Departments: Sewer Maintenance Services ...............City of Vernon Control Center (323- 826-1461 Fire Department Dispatch Center ................................................................................. 911 The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone numbers of City representatives such as Project Managers and Inspectors. However, if these City representatives are not available, then the Contractor shall immediately call: City of Vernon Control Center (323) 826-1461 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. 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. 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. Page 28 of 127 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 29 of 127 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 30 of 127 ARTICLE 3 - TIME OF COMMENCEMENT AND COMPLETION 3.01 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK A. Notice to Proceed The Contractor is not authorized to perform any Work the Contract Documents until he/she has received from the City an official notification to commence Work. The date on which the notification is received by the Contractor is herein referred to as the Notice to Proceed. The Contractor shall commence Work on the Date of Commencement established in the Notice to Proceed is issued. The Notice to Proceed shall be issued after the Contract is properly executed, bonds are furnished and approved, and insurance has been submitted and approved. B. Prosecution of the Work Work shall be continued at all times with such force and equipment as will be sufficient to complete it within the specified time. The Contractor expressly proposes that he/she has taken into consideration and made allowances for all ordinary delays and hindrances to the Work to be performed and that he/she will complete the Work within the specified time. C. Required Contract Completion Time is of the essence in the completion of this Contract. The Work shall be completed in its entirety and made ready for service within thirty (30) calendar days following the Date of Commencement established in the Notice to Proceed (“Contract Time”). By executing the Contract, Contractor confirms that the Contract Time is a reasonable period for performing the Work. 3.02 CITY'S DISCRETION TO EXTEND CONTRACT TIME In the event the Work required hereunder is not satisfactorily completed in all parts and in compliance with the Contract Documents, City shall have the right, in its sole discretion, to increase the number of Working Days or not, as may seem best to serve the interest of City. A change order extending the Contract Time only will be issued by the City should the City decide to increase the number of Working Days. 3.03 SUBSTANTIAL COMPLETION A. Contractor Request for Inspection and Punch List When the Contractor considers that it has achieved Substantial Completion of the Work, or designated portion thereof, Contractor shall prepare and submit to the Director a request for inspection and a comprehensive punch list of items to be completed or corrected prior to Final Payment. Failure to include an item on such punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. B. City Inspection Upon receipt of the Contractor's punch list, the Director will make an inspection to determine whether the Work or designated portion thereof is Substantially Complete. If the inspection discloses any item, whether or not included on the Contractor's punch list, which is not sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before City's issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by City. Page 31 of 127 The Contractor shall then submit a request for another inspection by City to determine Substantial Completion. C. Certificate of Substantial Completion When the Work or designated portion thereof is substantially complete, the Director will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the City and Contractor for security, maintenance, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall finish all items on the Contractor’s punch list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work. Contractor shall deliver to City all warranty and guarantee documents and policies. 3.04 DELAYS AND EXTENSIONS OF TIME FOR CONTRACTOR A. The Contractor shall take reasonable precautions to foresee and prevent delays to the Work. In the event of any delay to the Work, the Contractor shall revise his/her sequence of operations, to the extent possible under the terms of the Contract, to offset the delay. B. If any delay to the Work is caused by circumstances within the Contractor's control, it is not excusable and not compensable, and the Contractor will not be entitled to any extension of time or to any other compensation for damages resulting directly or indirectly therefrom. C. If any delay having a direct effect on the Work is caused by circumstances beyond the control of the Contractor except for causes of delay specified in Paragraph 3.04-D., such delay may be excusable and may entitle the Contractor to an equivalent extension of time, but not to any other compensation. Excusable but not compensable causes include but are not limited to labor disputes, weather conditions unfavorable for prosecution of the Work, and force majeure. D. If any delay having a direct effect on the Work is caused by failure of the City to provide information as specified, or necessary instructions for carrying on the Work, or to provide the necessary right of way or site for installation, or failure of a utility to remove or relocate an existing facility such delay may be compensable and may entitle the Contractor to an equivalent extension of time, and to compensation for damages resulting directly from any of the causes of delay specified in this paragraph. E. The Contractor shall notify the Director in writing of any delay having a direct effect on the Work and the causes thereof within 15 days from the beginning of such delay. F. Any claim for an extension of time or for compensation for damages resulting from delay shall be made in writing to the Director not more than 30 days after the ending of such delay. The Contractor shall provide a written report evaluating the impact of the delay which shall include, at a minimum, all of the following: 1. a narrative description of the delay and its impact on the critical path to Substantial Completion of the Work or a portion of the Work designated by City; 2. a detailed breakdown of the Allowable Costs, if any, sought by Contractor due to the delay; 3. the number of days of extension sought by Contractor as an adjustment to the Contract time; 4. a statement that Contractor has complied with the requirements of the General Conditions for written notice of delays, along with the dates and copies of such notices; 5. the measures taken by Contractor and Subcontractors to prevent or minimize the delay; and Page 32 of 127 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 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. Page 33 of 127 3.07 LIQUIDATED DAMAGES A. Contractor and City agree to liquidate damages in the amount of one thousand five hundred dollars ($1,500.00) 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 34 of 127 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 35 of 127 2. Delays of any non-critical Work shall not be the basis for an extension of Contract Time until the delays consume all float associated with that non-critical Work activity and cause the Work activity to become critical. 3. It is acknowledged that City-caused time savings (i.e., critical path submittal reviews returned in less time than allowed by the Contract Documents, approval of substitution requests which result in a savings of time for Contractor, etc.) create shared float. Accordingly, City-caused delays may be offset by City-caused time savings. C. Weather (This section applies only to projects of one (1) year duration or longer) The completion time contemplated by this Contract anticipates zero lost days (Work Days) due to normal weather conditions annually and prorated for any duration less than twelve months. Only unusual or extreme weather conditions, as determined by the National Oceanic and Atmospheric Administration, for the time of year will be considered as justification for an extension of time to complete the Project, and only after the zero weather days have been utilized. Annual weather days are not cumulative, and unused days shall become “float” for the benefit of the project, and the schedule adjusted accordingly. The use of weather days by the Contractor shall be subject to all the conditions of claim for an extension of time. The Contractor shall notify the City in writing within ten (10) days of the commencement of each rain event. D. Early Completion While the Contractor may schedule completion of the Project earlier than the date established by the Contract Documents, no additional compensation shall become due the Contractor for the use of float time between the Contractor’s projected early completion date and the date for Substantial Completion established by the Contract Documents, unless an earlier (advanced) time of completion is requested by Contractor, agreed to by the City, and formalized by Change Order. 4.02 SCHEDULE UPDATES A. With each Application for Payment submitted by Contractor (other than the final Application for Payment), the Contractor shall submit to the City an updated Project Schedule revised to indicate the Work completed, status of Work in progress, all progress slippages, corrective actions taken, or slippage carry-over, for all anticipated delays or difficulties, and all other information required to accurately present the actual status of the progress of the Work as of the date of the Application for Payment. If the Contractor does not submit an updated Project Schedule with an Application for Payment, City may withhold payment, in whole or in part, until the updated Project Schedule is submitted. In the event that an update to the Project Schedule indicates a delay to the Contract Time the Contractor shall propose an affirmative plan to correct each such delay, including overtime and/or additional labor, if necessary. In no event shall any Project Schedule update constitute an adjustment in the Contract Time, any deadline, or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order or Work Directive. B. At no time shall historical data contained within the updated Project Schedule (i.e. completed activities) be removed and/or altered in any way. This historical data is to be preserved within each of the updated Project Schedules and submitted with the final schedule update to reflect the actual start and finish dates for each activity within the Schedule. C. Any work stoppages within individual work activities that exceed seven (7) calendar days in duration shall be clearly indicated within the updated Project Schedule. In cases where unplanned activity work Page 36 of 127 stoppages exceed seven (7) calendar days activities shall be added to the Project Schedule to clearly indicate the work stoppage period and identify forecasted resumption and completion of the activity where work has stopped. Contractor shall clearly note all schedule revisions when Project Schedule updates are submitted, as required in this Paragraph 4.02 above. 4.03 NONCOMPENSABLE EXTRAORDINARY MEASURES A. Should the City determine, in its sole judgment, that the performance of the Work has not progressed to the level of completion required by the Contract Documents, City shall have the right to order the Contractor to take corrective measures to expedite the progress of construction, at no additional cost to the City, including, without limitation, the following: 1. Working additional shifts of overtime. 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 37 of 127 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 38 of 127 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 Page 39 of 127 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 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 Page 40 of 127 for Contractor’s failure to: 1. Correct conditions unsafe for the Project personnel or general public, or 2. Carry out the Contract; or 3. Carry out orders of City. G. Responsibilities of 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. Page 41 of 127 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, 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 42 of 127 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 Cha nge 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 Page 43 of 127 consequential damages (hereinafter called "Impacts"), including any ripple or cumulative effects of 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 44 of 127 1. Lump Sum. By mutual acceptance of a lump sum proposal from Contractor properly itemized and supported by sufficient substantiating data to permit evaluation. Such proposal shall be based solely on Allowable Costs, as defined in Subparagraph 6.06-C, and Allowable Mark-Ups, as defined in Subparagraph 6.06-E, and shall not include any costs or expense that is not permitted by the terms of any provision of the Contract Documents. 2. Unit Prices. By unit prices contained in Contractor’s original Bid and incorporated in the Contract Documents or fixed by subsequent agreement between City and Contractor. Unless otherwise stated in the Bidding Documents, unit prices stated in the Contract Documents or agreed upon by the County and Contractor shall be deemed to include and encompass all Allowable Markups. 3. Time and Materials. By calculating the actual Allowable Costs directly incurred, plus a sum for Allowable Mark-Ups on such Allowable Costs. 4. Deletion of Work. By Unit Prices contained in Contractor’s original Bid and incorporated in the Contract Documents, or by using the Schedule of Values to determine the value of the decrease of the Contract Sum, less the value of any Work performed, plus a reasonable percentage of the decrease for the Contractor’s saved overhead unless the Schedule of Values allocates general conditions costs to individual line items, in which case no percentage of the decrease shall be added. When a change consists of both addition and deletion of Work, the added costs and deleted costs shall be calculated separately, and then added together, resulting in the net cost for the change. The Allowable Mark-Up shall be applied to this net cost. B. Contractor Maintenance of Daily Records for Changes 1. In the event that Contractor is directed to perform any Extra Work, or should Contractor encounter conditions which the Contractor believes would obligate the City to adjust the Contract Sum and/or the Contract Time, Contractor shall maintain detailed records of the cost of such changes on a daily basis summarized in a daily report supplemented by back-up records. Such records shall include without limitation: a. Labor. At the close of each day on which such Extra Work is performed, Contractor shall submit an Extra Work labor report, on forms provided by Director, to Director that sets forth a list of the actual hours spent in performing the Extra Work, that clearly differentiates between the labor expended on the Extra Work and other Work, and the Allowable Costs for such Extra Work performed that day showing the names of workers, their classifications, hours worked and hourly rates. b. Materials, Equipment. A list of Allowable Costs of materials and equipment consumed in the performance of the Extra Work on the day on which such Extra Work is performed, together with copies of applicable delivery tickets and unit prices for all materials and for all equipment used the type of equipment, identification number, hours of operation (including loading and transportation) and hourly/daily rates involved for that day. c. Other Services or Expenditures. A list of other services and expenditures constituting Allowable Costs incurred in performance of the Extra Work on the day on which such Extra Work is performed, along with documentation verifying the amounts thereof in such detail as Director may require. Page 45 of 127 2. In the event that more than one change to the Work is performed by the Contractor in a calendar day, Contractor shall maintain separate records of labor, construction equipment, materials, and equipment for each such change. In the event that any Subcontractor of any tier shall provide or perform any portion of any change to the Work, Contractor shall require that each such Subcontractor maintain records in accordance with this Section. 3. Each daily record maintained hereunder shall be signed by Contractor; such signature shall be deemed Contractor’s representation and warranty that all information contained therein is true, accurate, complete, and relates only to the change referenced therein. All records maintained by Subcontractors of any tier, relating to the costs of a change in the Work shall be signed by such Subcontractor’s authorized project manager or superintendent. All such records shall be forwarded to the Director on the day the Work is performed (same day) for independent verification. The Director shall attempt to review and reconcile costs for changes on a daily basis. Records not available on the day on which the Extra Work is performed, such as, but not limited to, material invoices, shall be submitted as soon as they are available but not later than five (5) calendar days after the earlier of the day of delivery or incorporation of the particular item of Extra Work at the Site. 4. The Director may additionally require authentication of all time and material tickets and invoices by persons designated by the Director for such purpose. In the event that Contractor shall fail or refuse, for any reason, to maintain or make available for inspection, review, and/or reproduction such records, adjustments to the Contract Sum or Contract Time, if any, on account of any change to the Work may be deemed waived for that day. Contractor’s obligation to maintain back-up records hereunder is in addition to, and not in lieu of, any other Contractor obligation under the Contract Documents with respect to changes to the Work. 5. Waiver by Contractor. Failure to submit such records as are required by this Paragraph daily shall waive any rights for recovery of Allowable Costs incurred for Extra Work performed that day. The failure of the Contractor to secure any required authentication shall, if the City elects in its sole discretion to treat it as such, constitute a waiver by the Contractor of any right to adjustment of the Contract Sum for the Allowable Cost of all or that portion of the Extra Work covered by such non-authenticated ticket or invoice. C. Allowable Costs The term “Allowable Costs” shall mean in the case of Extra Work actual costs incurred by Contractor and/or any Subcontractor, regardless of tier, and necessarily involved in direct performance of the Extra Work, or in the case of deleted work the actual costs that would have been incurred in performing deleted work by Contractor and/or any Subcontractor, regardless of tier, and shall be limited to the following costs: 1. Labor. Straight-time wages or salaries, and overtime wages and salaries specifically authorized by City in writing, for employees employed at the site, or at fabrication sites off the site, in the direct performance of the Extra Work or that would have been incurred in the direct performance of the deleted work, based on the actual cost for wages prevailing locally for each craft or type of workers at the time the Extra Work is done or the deleted work is ordered eliminated. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The use of labor classification which would increase the Allowable Cost for Extra Work will not be permitted unless Contractor establishes the necessity for such additional costs. Page 46 of 127 2. Benefits. Payroll taxes, insurance, health and welfare, pension, vacation, apprenticeship funds and benefits required by lawful collective bargaining agreements for employees on straight-time wages or salaries, and on overtime wages and salaries specifically authorized by City in writing, for employees employed at the site, or at fabrication sites off the site, in the direct performance of the Extra Work or that would have been incurred in the direct performance of the deleted work. 3. Materials, Consumables. Costs of materials and consumable items which are furnished and incorporated into the Work, as approved by City, or that would have been incorporated into the Work in the case of deleted work shall be at the lowest price available to Contractor but in no event shall such costs exceed competitive wholesale prices obtainable from other Subcontractors, suppliers, manufacturers and distributors in the general vicinity of the site. If City determines, in its discretion, that the cost of materials is excessive, or if Contractor fails to furnish satisfactory evidence of the cost from the actual supplier thereof, then in either case the cost of the materials shall be deemed to be the lowest wholesale price at which similar materials are available in the quantities required at the time they were needed. The City reserves the right to furnish such materials as it deems advisable, and Contractor shall have no claim for costs or profits on materials so furnished. Material invoices must be included with the extra work report to obtain payment. 4. Taxes. Sales taxes on the costs of materials and consumable items described in Paragraph 5.04-C.3 above. 5. Tool, Equipment Rental. Rental charges for necessary machinery and equipment, whether owned or hired, as authorized in writing by City, exclusive of hand tools, used directly in the performance of the Extra Work or that would have been used in the direct performance of the deleted work. Regardless of ownership, such rental charges shall not exceed the hourly rate derived from the most recently published “Rental Rate Blue Book for Construction Equipment” or the “Rental Rate Blue Book for Older Construction Equipment,” as published by K-111, San Jose, California, which is in effect at the time of commencement of the changed work. The Contractor shall attach a copy of the rate schedule to the daily reports required by Paragraph 6.06-B, above. The charges for any machinery and equipment shall cease when the use thereof is no longer necessary for the Extra Work or deleted work. No charge shall be allowed for use of equipment or tools which have a replacement value of $500 or less. The allowable rental rates shall include the cost of fuel, power oil, lubrication, supplies, small tools, necessary attachments, loading, transportation, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Notwithstanding the provisions of Paragraph 6.06-E below, no mark-up shall be allowed for overhead, profit or bond premiums for use of equipment if the equipment is supplied by an equipment rental firm. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to City than holding it at the Site, it shall be returned, unless Contractor elects to keep it at the Site at no expense to City. Costs incurred while equipment is inoperative due to breakdowns, regular maintenance, or for non-Working Days shall not be allowed. The rental time shall include the time required to move the equipment to the Work from the nearest available source for rental of such equipment and to return it to the source. If such equipment is not moved by its own power, then loading and transportation will be allowed. Neither moving time nor loading and transportation costs will be paid if the equipment is for use on the Project unrelated to the Extra Work. All equipment shall be acceptable to City, in good working condition, and suitable for the purpose for which it is to be used. Page 47 of 127 6. Royalties. Additional or saved costs of royalties due to the performance of the Extra Work or deleted work. 7. Insurance, Bonds. Additional or saved costs of insurance and bonds, provided, however, that for Extra Work such costs shall not exceed one percent (1%) of Items 1 through 6 above. D. Costs Not Allowed Allowable Costs shall not include any of the following: 1. Wages, salaries, fringe benefits and payroll taxes of Contractor’s and all Subcontractor’s non- craft labor (above a Foreman level); 2. Overhead (including home office overhead), administrative or general expenses of any kind including engineering, estimating, scheduling, drafting, detailing, etc., incurred in connection with Extra Work; 3. Vehicles not dedicated solely for the performance of the extra of deleted work; 4. Small tools (replacement value not exceeding $500); 5. Office expenses, including secretarial and administrative staff, materials and supplies; 6. On-site and off-site trailer and storage rental and expenses; 7. Site fencing; 8. Utilities, including gas, electric, sewer, water, telephone, telefax, copier equipment; 9. Computer and data processing personnel, equipment and software; 10. Federal, state of local business income and franchise taxes; 11. Losses of efficiency or productivity; and 12. Costs and expenses of any kind or item not specifically and expressly included in Paragraph 6.06-C. E. Allowable Mark-Up Extra Work by contractor (Markup): The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profits: Labor 33% Materials 15% Equipment Rental 15% Other Items and Expenditures 15% 1. Extra Work by Subcontractor (Markup): When all or any part of the extra work is performed by a Subcontractor, the markup provided for the Contractor in 6.06.E.1 shall apply to the Subcontractor’s actual costs. A markup of 5% on the subcontracted portion of each extra work may be added for the Contractor. Page 48 of 127 F. Net Allowable Costs If anyone scope change involves both Extra Work and deleted work in the same portion of the Work and the additive allowable costs exceed the deductive allowable costs, the Allowable Markups on the Extra Work will be only the difference between the two amounts. 6.07 CITY ORIGINATED REQUEST FOR ITEMIZED CHANGE ORDER PROPOSAL REQUEST City may issue a Construction Change Directive or other written request to Contractor describing a proposed 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 49 of 127 ARTICLE 7 - CONTRACT PAYMENTS AND CLAIMS 7.01 GENERAL A. Payment will be made at the price for each item listed on the bidding form or as Extra Work as provided in the General Conditions. B. Initial progress payment will not be made prior to approval by the Director of the Schedule of Values, the Construction Progress Schedule, and the Schedule of Submittals. C. No subsequent progress payment will be made prior to receipt by the Director of the monthly revision of the Construction Progress Schedule. 7.02 SCHEDULE OF VALUES FOR PAYMENTS A. Submission Upon City’s request, the three (3) lowest bidders shall complete and submit a Preliminary Schedule of Values, within seven (7) calendar days. In addition, Contractor shall complete and furnish within seven (7) calendar days after receiving the Notice of Award of the Construction Contract a Final Schedule of Values giving a complete breakdown of the Contract Sum for each component of the Work. B. Content The Schedule of Values shall be in sufficient detail as the Director may, in its discretion, deem necessary to evaluate progress at any point in the performance of the Work. Unless otherwise specified in the Contract Documents, the Schedule of Values shall include, without limitation, a breakdown of the general categories of Subcontractor work, direct overhead, profit and contingency, and a further breakdown of the general categories of Subcontractor work into separate trade line items of costs for Subcontractor services, labor and material, which is based on actual Subcontractor contract, subcontract, purchase order or vendor prices. If requested by Director, Contractor shall revise the Schedule of Values to allocate sums for Contractor overhead, profit and/or contingency among the individual line items for trade portions of the Work. No amounts shall be reflected in the Schedule of Values or Application for Payment for Extra Work or Deleted Work for which a Change Order has not been executed by Contractor and City or for which a Construction Change Directive has not been issued by City. Amounts that have been mutually agreed to by Change Order or unilaterally determined by City pursuant to a Construction Change Directive shall be segregated from the cost of the base Contract Work and separately listed by line item in the Schedule of Values. The Schedule of Values must be prepared in sufficient detail and supported by sufficient data to substantiate its accuracy as the Director may require. C. Applications for Payment The Schedule of Values, when approved by the Director, shall be used as a basis for Contractor's Applications for Payment and may be considered as fixing a basis for adjustments to the Contract Sum. Page 50 of 127 D. Revisions If, at any time, it is determined that the Schedule of Values does not allocate the Contract Sum in a manner that reasonably and fairly reflects the actual costs anticipated to be progressively incurred by Contractor, it shall be revised and resubmitted for the Director’s approval. 7.03 APPLICATIONS FOR PAYMENT A. Marked Schedule of Values Five (5) Days prior to the date set forth in Paragraph 7.03-B below for the monthly progress payment meeting, Contractor shall submit to Director a copy of the proposed Schedule of Values, marked to show the percentage of completion certified by Contractor for each line item in the Schedule of Values, including any stored materials approved for payment by City pursuant to Paragraph 7.03-D, below and any withholdings from Contractor proposed by Director. B. Monthly Review For the purpose of expediting the progress payment procedure, Contractor shall meet with the Director on or before the twentieth (20th) day of each month to review the Contractor's marked Schedule of Values prepared in accordance with Paragraph 7.03-A, above. The Director shall revise as appropriate and sign the marked Schedule of Values to verify such review. If any item in the marked Schedule of Values submitted for payment is disputed during this review, Contractor agrees to use its best efforts to resolve the disputed items with the Director before submitting its Application for Payment. If the Director and Contractor cannot agree, then the percentage completion shall be established at such percentage as the Director, in good faith, determines is appropriate to the actual progress of the Work. No inaccuracy or error in the Director’s good faith estimate shall operate to release Contractor or Surety from any responsibility or liability arising from or related to performance of the Work. The Director shall have the right subsequently to correct any error and dispute any item submitted in Contractor's Application for Payment, regardless of whether an item was identified as disputed in the review process provided for herein. C. Certification Each Application for Payment shall be signed and certified by Contractor under penalty of perjury to City that: 1. The data comprising the Application for Payment is accurate and the Work has progressed to the point indicated; 2. To the best of Contractor's knowledge, information and belief, the Work is in accordance with the Contract Documents; 3. Contractor is entitled to payment in the amount certified; and 4. All sums previously applied for by Contractor on account of Work performed by Subcontractors and that have been paid by City have been paid to the Subcontractors performing such Work, without any retention, withholding or backcharge by Contractor. Page 51 of 127 D. Stored Materials Payments may be made by City, at its discretion, on account of materials or equipment not incorporated into the Work but delivered on the ground at the Site and suitably stored by Contractor or stored off-Site under the control of City. Such payments shall only be considered upon submission by Contractor of satisfactory evidence that it has acquired title to same, that the material or equipment will be utilized in the Work and that the material is satisfactorily stored, protected and insured, and that such other procedures are in place satisfactory to City to protect City's interests. To be considered for payment, materials or equipment stored off-Site shall, in addition to the above requirements and unless otherwise specifically approved by City in writing, be stored in a bonded warehouse, fully insured, and available to City for inspection. City shall have sole discretion to determine the amount of material and equipment that may be stored on the Site at any given time. 7.04 PROGRESS PAYMENTS A. Conditions to Progress Payments Contractor shall submit its Application for Payment to the 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 Page 52 of 127 owed pursuant to any applicable collective bargaining agreement have been paid in full; and 9. Compliance by Contractor with all of its other obligations for submission of documentation or performance of conditions which, by the terms of the Contract Documents, constitute conditions to Contractor's right to receive payment for Work performed. B. Payments by City Pursuant to California Public Contract Code Section 20104.50, City shall make progress payment of undisputed sums due within thirty (30) Days after receipt by 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 requir ement 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. Page 53 of 127 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; 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 Page 54 of 127 of Completion to Contractor, the Final Payment, including Retention, shall be released to Contractor, subject to the City’s right to withhold 150% of any disputed amounts. D. Disputed Amounts Pursuant to California Public Contract Code 7107, City may deduct and withhold from the Final Payment due under Paragraph 7.05-C, above, an amount up to 150% of any disputed amounts, including, without limitation, amounts to protect City against any loss caused or threatened as a result of Contractor's failing to fully perform all of those obligations that are required to be fulfilled by Contractor as a condition to Final Completion and Final Payment. Alternatively, City may elect, in its sole discretion, to accept the Work without correction or completion and adjust the Contract Sum pursuant to the Contract Documents. E. Acceptance of Final Payment Acceptance of Final Payment by Contractor shall constitute a waiver of all rights by Contractor against City for recovery of any loss, excepting only those Claims that have been submitted by Contractor in the manner required by the Contract Documents prior to or at the time of the Final Payment. 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: Page 55 of 127 1. Title to Work covered by an Application for Payment will pass to City either by incorporation into the construction or upon receipt of payment by Contractor, whichever occurs first; and 2. Work covered by previous Applications for Payment are free and clear of liens, stop notices, claims, security interests or encumbrances imposed by the Contractor or any other person. E. Corrections No inaccuracy or error in any Application for Payment provided by Contractor shall operate to release Contractor from the error, or from losses arising from the Work, or from any obligation imposed by the Contract Documents. City retains the right to subsequently correct any error made in any previously approved Application for Payment, or progress payment issued, by adjustments to subsequent payments. 7.07 PAYMENTS BY CONTRACTOR Contractor shall not include in its Applications for Payment sums on account of any Subcontractor's portion of the Work that it does not intend to pay to such Subcontractor. Upon receipt of payment from City, Contractor shall pay the Subcontractor performing Work on the Project, out of the amount paid to Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled in accordance with the terms of its contract with Contractor and applicable laws, including, without limitation, California Public 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; Page 56 of 127 5. Violation of Applicable Laws. Failure of Contractor or its Subcontractors to comply with applicable laws or lawful orders of governmental authorities; 6. Penalty. Any claim or penalty asserted against City by virtue of Contractor’s failure to comply with applicable laws or lawful orders of governmental authorities (including, without limitation labor laws); 7. Failure to Meet Contract Time. Any damages which may accrue as a result of Contractor failing to meet the Construction Schedule or failing to perform within the Contract Time; 8. Setoff. Any reason specified elsewhere in the Contract Documents as grounds for a withholding offset or set off or that would legally entitle City to a set-off or recoupment; 9. Consultant Services. Additional professional, consultant or inspection services required due to Contractor’s failure to comply with the Contract Documents; 10. Liquidated Damages. Liquidated damages assessed against Contractor; 11. Materials. Materials ordered by City pursuant to the Contract Documents; 12. Damages. Loss caused by Contractor or Subcontractor to City, Separate Contractors or any other person or entity under contract to City; 13. Clean Up. Clean up performed by City and chargeable to Contractor pursuant to the Contract Documents; 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 Page 57 of 127 may, in its sole discretion, elect to exercise its right to adjust the Contract Sum as provided in the Contract Documents. D. Continuous Performance Provided City pays the undisputed portion, if any, of funds withheld in good faith, Contractor shall maintain continuous and uninterrupted performance of the Work during the pendency of any disputes or disagreements with City. 7.09 SUBSTITUTION OF SECURITIES A. Public Contract Code Pursuant to the requirements of California Public Contract Code Section 22300, upon Contractor’s request, City will make payment to Contractor of any funds withheld from payments to ensure performance under the Contract Documents if Contractor deposits with City, or in escrow with a California or federally chartered bank in California acceptable to City (“Escrow Agent”), securities eligible for the investment of State Funds under Government Code Section 16430, or bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City, upon the following conditions: 1. Contractor shall be the beneficial owner or any securities substituted for monies withheld for the purpose of receiving any interest thereon. 2. All expenses relating to the substitution of securities under Public Contract Code Section 22300 and under this Paragraph 7.04, including, but not limited to City’s overhead and administrati ve 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 Page 58 of 127 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. 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; Page 59 of 127 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 certi fication, in the 'following form: "I hereby certify under penalty of perjury that I am a managing officer of (Contractor's name) and that I have reviewed the Claim presented herewith on Contractor's behalf and/or on behalf of (Subcontractor's name) and that, to the best of my knowledge after conducting a diligent inquiry into the facts of the Claim, the following statements are true and correct: The facts alleged in or that form the basis for the Claim are, to the best of my knowledge following diligent inquiry, true and accurate; and, (a) I do not know of any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim materially misleading; and, (b) I have, with respect to any request for money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records (including those maintained by Contractor and by any Subcontractor, of any tier, that is asserting all or any portion of the Claim) and confirmed with reasonable certainty that the losses or damages suffered by Contractor and/or such Subcontractor were in fact suffered in the amounts and for the reasons alleged in the Claim; and, (c) I have, with respect to any request for extension of time or claim of delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules (including those maintained by Contractor and the Subcontractor, of any tier, that is asserting all or any portion of the Claim) and confirmed on an event-by-event basis that the delays or disruption suffered by Contractor and/or such Subcontractor were in fact experienced for the durations, in the manner, and with the consequent effects on the time and/or sequence of Page 60 of 127 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 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. Page 61 of 127 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 127 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 127 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 Page 64 of 127 appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to the Director. Or in the event that the Director elects, in lieu of such substitution, to have, supplied, and to retain and use, any such invention, process, equipment, article, materials, supplies, or appliances, as may by this Contract be required to be supplied and used, in that event the Contractor shall at his/her expense pay such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its officers, agents, servants, and employees, or any of them, to use such invention, process, equipment, article, materials, supplies, or appliances without being disturbed or in way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse promptly to make the substitution hereinbefore required, or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid, then in that event the Director shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due the Contractor from the City, or recover the amount thereof from him/her and his/her surety, notwithstanding final payment under this Contract may have been made. [END OF ARTICLE] Page 65 of 127 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 127 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. Page 67 of 127 2. Neatly typewritten index near the front of the manual, furnishing immediate information as to location in the manual of all emergency data regarding the installation. 3. Complete instructions regarding operation and maintenance of all equipment involved. 4. Complete nomenclature of all replaceable parts, their part numbers, current cost, and name and address of nearest vendor of parts. 5. Copy of all guarantees and warranties issued. 6. Copy of drawings with all data concerning changes made during construction. B. Where contents of manuals include manufacturers' catalog pages, clearly indicate the precise items included in this installation and delete, or otherwise clearly indicate, all manufacturers' data with which this installation is not concerned. 9.09 AS-BUILT DRAWINGS A. When required to be submitted covering items included in this Work, the Contractor shall deliver to the City one complete set of final As-Built hard copy drawings together with a set of AutoCAD drawing files in electronic format showing completed building, “as-built” for City records before the Contract will be accepted by the City. B. The drawings shall be duplicates and at the same size and dimensional scale as the originals. They shall be on a polyester translucent base material with a minimum sheet thickness of .003 inch (.08mm). C. The legibility and contrast of each drawing submitted to the City shall be such that every line, number, letter, and character is clearly readable in a full size blow back from a 35 mm microfilm negative of the drawing. 9.10 SUBMITTALS QUANTITIES A. Submit seven (7) copies of all data and drawings unless specified otherwise. B. Submit all samples, unless specified otherwise, in the quantity to be returned, plus two, which will be retained by the 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 127 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. Page 69 of 127 D. Resubmit revised drawings or data as indicated, in five (5) copies. 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 127 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 Page 71 of 127 may result in actions as provided in Article 5: “Suspension or Termination of Contract.” C. Material Safety Data Sheet Contractor shall comply with all of the provisions of General Industry Safety Orders of the California Administrative Code. The Contractor shall submit to the 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 Page 72 of 127 10.03 concerning the timing and content of any notice of Differing Site Conditions or request for adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be deemed waiver of any right by the Contractor for an adjustment in the Contract Sum or Contract Time by reason of such conditions. F. Final Completion. No claim by the Contractor for additional compensation for Differing Site Conditions shall be allowed if asserted after Final Payment. G. In the event of disagreement between the Contractor and the 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 Page 73 of 127 conform to the requirements of the WATCH handbook or the manual of traffic control, whichever is more stringent, and as approved by the City Traffic and Transportation Administrator. 1. Portable signals shall not be used unless permission is given in writing by the agency having jurisdiction. 2. Warning signs used for nighttime conditions shall be reflectorized or illuminated. "Reflectorized signs" shall have a reflectorized background and shall conform to the current State of California Department of Transportation specification for reflective sheeting on highway signs. B. If the Contractor fails to provide and install any of the signs or traffic control devices required herby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. 10.06 EXECUTION A. The Contractor shall provide written notification to the Police Department, Traffic Bureau (323) 587- 5171, at least two (2) weeks prior to the beginning of construction at any particular location. Notification will include the specific location, project dates, what lanes of the roadway will be closed and when. Also the construction project manager’s name and business phone number and the construction inspector’s name and business phone number. B. The Contractor shall notify, by telephone, the Police Department, (323) 587-5171 at the completion of any posting of temporary no parking signs. Notification will include the times, dates and locations of the posting. When vehicles must be towed for violation of temporary no parking signs, the person who actually posted the signs, or on-view supervisor of that posting, will be present to answer pertinent questions that may be asked by the parking enforcement officer or police officer towing the vehicles. C. The Contractor shall notify the 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) 881-6183 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 Page 74 of 127 possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and kept in good condition. H. When leaving a Work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. 10.07 FLAGGING A. Contractor shall provide flaggers to control traffic where required by the approved traffic control plan. 1. Flaggers shall perform their duties and shall be provided with the necessary equipment in accordance with the current "Instructions to Flaggers" of the California Department of Transportation. 2. Flaggers shall be employed full time on traffic control and shall have no other duties. 10.08 PEDESTRIAN CANOPIES OR BARRICADE IMPROVEMENTS Refer to City of Vernon for requirements for building or access road safety improvements that the Contractor shall construct during construction period. These devices or improvements, as the City deems necessary or prudent, shall be at the expense of the Contractor. [END OF ARTICLE] Page 75 of 127 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 Page 76 of 127 or under the Contract Documents. In the event of any claim, suit or demand made against any Indemnitees, the City may in its sole discretion reserve, retain or apply any monies due to the Contractor under the Contract for the purpose of resolving such claims; provided, however, that the City may release such funds if the Contractor provides the City with reasonable assurance of protection of the City’s interests. The City shall in its sole discretion determine whether such assurances are reasonable. 11.03 NO LIMITATIONS Contractor’s indemnification and defense obligations set forth in this Article are separate and independent from the insurance provisions set forth in Article 12 herein; and do not limit, in any way, the applicability, scope, or obligations set forth in those insurance provisions. In claims, suits, or demands against any Indemnitee by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the Contractor’s indemnification and defense obligations shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefits acts, or other employee benefits acts. [END OF ARTICLE] Page 77 of 127 ARTICLE 12 – INSURANCE 12.01 CONDITION TO COMMENCEMENT Contractor shall not commence Work under this Contract until Contractor has obtained all insurance required hereunder from a company or companies acceptable to City, nor shall the Contractor allow any Subcontractor to commence Work on a subcontract until all insurance required of said Subcontractor has been obtained. Proof of insurance including insurance certificates and endorsements as set forth in Exhibit 4 must be submitted by the Contractor prior to the City’s execution of the Contract. 12.02 MINIMUM COVERAGE AND LIMITS Contractor shall maintain the insurance coverage as set forth in Exhibit 4 throughout the term of the Contract. 12.03 CONDITIONS REGARDING INSURANCE COVERAGE AND LIMITS City and Contractor agree as follows: A. All insurance coverage and limits provided pursuant to the Contract Documents shall apply to the full extent of the policies involved, available or applicable. Nothing contained in the Contract Documents or any other agreement relating to City or its operations limits the application of such insurance coverage. B. None of the policies required by this Contract shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing by the City’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 127 ARTICLE 13 – BONDS 13.01 REQUIRED BONDS A. Contractor shall furnish the following bonds: 1. A Performance Bond in an amount equal to one hundred percent (100%) of the total Contract price in the form shown in Exhibit "1" attached hereto. 2. A Payment Bond (Labor and Material) in an amount equal to one hundred percent (100%) of the total Contract price in the form shown in Exhibit "2" attached hereto. 3. A Maintenance Bond in an amount equal to ten percent (10%) of the total Contract price in the form shown in Exhibit "3" attached hereto. 13.02 POWER OF ATTORNEY All bonds shall be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety shall be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. 13.03 APPROVED SURETY All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of “A: VII”, or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person ex ecuting 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 127 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 127 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, President’s Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Indigenous People’s Day, Veteran’s Day, Thanksgiving Day, Christmas Eve, Christmas Day and New Year’s Eve, except Work pertaining to the public safety or with the permission of the Director, and accordance with such regulations as he/she shall furnish in writing. Before performing any Work at said times, except Work pertaining to the public safety, the Contractor shall give written notice to the Director so that proper inspection may be provided. “Night” as used in this paragraph shall be deemed to include the hours from 7:00 P.M. to 7:00 A.M. of the next succeeding day. 14.02 COST OF OVERTIME CONSTRUCTION SERVICES AND INSPECTIONS A. Overtime construction Work performed at the option of, or for the convenience of, the Contractor will be inspected by the City at the expense of the Contractor. For any such overtime beyond the regular 8-hour day and for any time worked on Saturday, Sunday, or holidays the charges will be determined by the City, and submitted to the Contractor for payment. B. Equipment, materials, or services provided by the City, in connection with Contractor-initiated overtime construction Work described in Paragraph 14.02(A), will also be at the expense of the Contractor. The charges will be determined by the City, and submitted to the Contractor for payment. C. There will be no charges to the Contractor for the inspection of overtime Work ordered by the Director or required by the Contract Documents. 14.03 COMPLIANCE WITH STATE LABOR CODE A. Contractor shall comply with the provisions of the Labor Code of the State of California and any amendments thereof. 1. The time of service of any worker employed upon the Work shall be limited and restricted to eight (8) hours during any one-calendar day, and 40 hours during any one-calendar week. 2. Work performed by employees of the Contractor in excess of eight (8) hours per day, and 40 hours during any one calendar week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay. 3. The Contractor and every Subcontractor shall keep an accurate record showing the name of and the actual hours worked each calendar day and each calendar week by each worker employed by him/her in connection with the Work; the record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Standards Enforcement of the State of California. Page 81 of 127 4. In the event City deems Contractor is in violation of this Paragraph 14.03, the Contractor shall, as a penalty, forfeit Fifty Dollars ($50.00) for each worker employed in the execution of the Contract by the Contractor or by any Subcontractor for each calendar day for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. For each subsequent violation, a (one hundred dollar) $100 penalty shall apply for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to cover underpaid wages. This subparagraph is effective to the extent it does not directly conflict with the overtime penalty provision of California Labor Code Section 558. In the event of such conflict, the California Labor Code governs over this Paragraph 14.03(A)(4). 14.04 WAGE RATES A. Prevailing Wages 1. Contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime Work in the locality in which the Work is to be performed, for each craft, classification, or type of worker needed to execute the Contract. The Director of the Department of Industrial Relations of the State of California (pursuant to California Labor Code) and the United States Secretary of Labor (pursuant to the Davis-Bacon Act) have determined the general prevailing rates of wages in the locality in which the Work is to be performed. The rates are available online at www.dir.ca.gov/DLSR/PWD/. To the extent that there are any differences in the federal and state prevailing wage rates for similar classifications of labor, the Contractor and its Subcontractors shall pay the highest wage rate. 2. The Contractor shall post a copy of the general prevailing rate of per diem wages at the job site. 3. The Contractor and any Subcontractor under him/her shall pay not less than the specified prevailing rate of wages to all workers employed in the execution of the Contract. 4. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining Contract applicable to the particular craft, classification, or type of worker employed on the project. 5. The Contractor shall, as a penalty to the State or the City, forfeit not more than Fifty Dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for the Work or craft in which the worker is employed under the Contract by the Contractor or by any Subcontractor under him. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which such worker was paid less than the stipulated prevailing wage rate shall be paid to such worker by the Contractor. 6. The specified wage rates are minimum rates only and the City will not consider and shall not be liable for any claims for additional compensation made by the Contractor because of payment by him/her of any wage rate in excess of the general prevailing rates. All disputes in reg ard to the payment of wages in excess of those specified herein shall be adjusted by the Contractor at his/her own expense. B. Payroll Records 1. Pursuant to California Labor Code Section 1776, the Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, Work classification, straight time and overtime hours worked each day and week, and the actual per Page 82 of 127 diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the Work. The payroll records shall be certified and shall be available for inspection. 2. The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five (5) Working Days, provide a notice of change in location and address. 3. Upon request by the Director, the Contractor shall provide a copy of the certified payroll records along with a statement of compliance. 14.05 APPRENTICESHIP STANDARDS A. Compliance with California Labor Code Section 1777.5 requires all public works contractors and subcontractors to: 1. Prior to commencing work on a public works contract, submit Contract Award information to the applicable joint apprenticeship committee, including an estimate of the journeyman hours to be performed under the Contract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. Use Form DAS-140 from the State Department of Industrial Relations. The City reserves the right to require Contractor and Subcontractors to submit a copy of said forms to the City. 2. Employ apprentices for the public work at a ratio of no less than one (1) hour or apprentice work for every five (5) hours or labor performed by a journeyman. To request dispatch of apprentices, use Form DAS-142 from the State Department of Industrial Relations. The City reserves the right to require Contractor and Subcontractors to submit a copy of said forms to the City. 3. Pay the apprentice rate on public works projects only to those apprentices who are registered, as defined in Labor Code Section 3077. 4. Contribute to the training fund in the amount identified in the Prevailing Wage Rate publication for journeyman and apprentices. Contractors who choose not to contribute to the local training trust fund must make their contributions to the California Ap prenticeship 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 th ree 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. Page 83 of 127 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, f or each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. 14.06 EMPLOYMENT OF APPRENTICES A. In the performance of this Contract, the Contractor and any Subcontractor shall comply with the provisions concerning the employment of apprentices in the Labor Code of the State of California and any amendments thereof. B. In the event the Contractor or any Subcontractor willfully fails to comply with the aforesaid provisions of the Labor Code, such Contractor or Subcontractor shall be subject to the penalties for noncompliance in the Labor Code of the State of California and any amendments thereof. 14.07 REGISTRATION WITH THE STATE DEPARTMENT OF INDUSTRIAL RELATIONS In the performance of this Contract, Contractor and/or any Subcontractor must be currently registered and qualified (including payment of any required fee) with the State Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the State Department of Industrial Relations. 14.08 CHARACTER OF WORKERS The Contractor shall not allow his/her agents or employees, Subcontractors, or any agent or employee thereof, to trespass on premises or lands in the vicinity of the Work. Only skilled foremen and workers shall be employed on Work requiring special qualifications, and when required by the Director, the Contractor shall discharge any person who commits trespass, or in the opinion of the Director, acts in a disorderly, dangerous, insubordinate, incompetent, or otherwise objectionable manner. Any employee being intoxicated or bringing or having intoxicating liquors or controlled substances on the Work shall be discharged. Such discharge shall not be the basis of any claim for compensation of damages against the City or any of its officers, agents, and employees. 14.09 NO SMOKING – STATE LABOR CODE SECTION 6404.5 The Contractor and its agents, employees, Subcontractors, representatives, and any person under Contractor’s control, are prohibited from smoking in— or within a 20-foot distance from— the Site, which is a "place of employment" under California Labor Code § 6404.5. [END OF ARTICLE] Page 84 of 127 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 Page 85 of 127 may declare negotiations ended. All discussions that occur during such negotiations and all documents prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152. B. Deferral of Claims Following the completion of the negotiations required by Paragraph 15.02-A., all unresolved Claims, except those that do not involve parties other than the Contractor and City, shall be deferred pending Final Completion of the Work, subject to City’s right, in its sole and absolute discretion, to require that the claims Dispute Resolution Process proceed prior to Final Completion. In the event that City does not elect to proceed with the Claims Dispute Resolution Process prior to Final Completion of the Work, all Claims that have been deferred until such Final Completion shall be consolidated within a reasonable time after such Final Completion and thereafter pursued to resolution pursuant to the Claims Dispute Resolution Process. Nothing contained in this Article 15 shall be interpreted as limiting the parties’ rights to continue informal negotiations of Claims that have been deferred until such Final Completion; provided, however, that such informal negotiations shall not be interpreted as altering the provisions of this Article 15 deferring final determination and resolution of unresolved Claims until after Final Completion of the Work. C. Legal Proceedings If the Claim is not resolved by direct negotiations then the party wishing to further pursue resolution or determination of the Claim shall submit the Claim for determination by commencing legal proceedings in a court of competent jurisdiction. 15.03 NO WAIVER Participation in the Claims Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of either party, including, without limitation, any defense based on the assertion that the rights of Contractor that are the basis of a Claim were previously waived by Contractor due to failure to comply with the Contract Documents, including, without limitation, Contractor’s failure to comply with any time periods for providing notices or for submission or supporting documentation of Claims. [END OF ARTICLE] Page 86 of 127 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 127 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 Page 88 of 127 granted a limited, non-exclusive license, revocable at will of City, to use and reproduce applicable portions of the Contract Documents and Submittals as appropriate to and for use in the execution of the Work and for no other purpose. B. Documents on Site Contractor shall keep on the Project site, at all times and for use by City, 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. Page 89 of 127 17.06 SUCCESSORS AND ASSIGNS The Contract Documents shall be binding upon and inure to the benefit of City and Contractor and their permitted successors, assigns and legal representatives. A. City may assign all or part of its right, title and interest in and to any Contract Documents, including rights with respect to the Payment and Performance Bonds, to (a) any other governmental person as permitted by governmental rules, provided that the successor or assignee has assumed all of City's obligations, duties and liabilities under the Contract Document then in effect; and (b) any other Person with the prior written approval of Contractor. B. Contractor may collaterally assign its rights to receive payment under the Contract Documents. Contractor may not delegate any of its duties hereunder, except to Subcontractors as expressly otherwise permitted in the Contract Documents. Contractor's assignment or delegation of any of its Work under the Contract Documents shall be ineffective to relieve Contractor of its responsibility for the Work assigned or delegated, unless City, in its sole discretion, has approved such relief from responsibility. Any assignment of money shall be subject to all proper set-offs and withholdings in favor of City and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by City for completion of the Work, should Contractor be in default. C. Except for the limited circumstances set forth in Paragraph 17.06-B, above, Contractor may not, without the prior written consent of City in its sole discretion, voluntarily or involuntarily assign, convey, transfer, pledge, mortgage or otherwise encumber its rights or interests under the Contract Documents. No partner, joint venturer, member or shareholder of Contractor may assign, convey, transfer, pledge, mortgage or otherwise encumber its ownership interest in Contractor without the prior written consent of City, in City’s sole discretion. 17.07 SURVIVAL Contractor’s representations and warranties, the dispute resolution provisions contained in Article 15, and all other provisions which by their inherent character should survive termination of the Contract and/or Final Acceptance, shall survive the termination of the Contract and the Final Acceptance Date. 17.08 LIMITATION ON THIRD PARTY BENEFICIARIES It is not intended by any of the provisions of the Contract Documents to create any third party beneficiary hereunder or to authorize anyone not a party hereto to maintain a suit for personal injury or property damage pursuant to the terms or provisions hereof, except to the extent that specific provisions (such as the warranty and indemnity provisions) identify third parties and state that they are entitled to benefits hereunder. The duties, obligations and responsibilities of the parties to the Contract Documents with respect to such third parties shall remain as imposed by law. The Contract Documents shall not be construed to create a contractual relationship of any kind between City and a Subcontractor or any other Person except Contractor. 17.09 PERSONAL LIABILITY OF CITY EMPLOYEES City’s authorized representatives are acting solely as agents and representatives of City when carrying out the provisions of or exercising the power or authority granted to them under the Contract. They shall not be liable either personally or as employees of City for actions in their ordinary course of employment. Page 90 of 127 No agent, consultant, Council member, officer or authorized employee of City, shall be personally responsible for any liability arising under the Contract. 17.10 NO ESTOPPEL City shall not, nor shall any officer thereof, be precluded or estopped by any measurement, estimate or certificate made or given by the City representative or other officer, agent, or employee of City under any provisions of the Contract from at any time (either before or after the final completion and acceptance of the Work and payment therefor) pursuant to any such measurement, estimate or certificate showing the true and correct amount and character of the work done, and materials furnished by Contractor or any person under the Contract or from showing at any time that any such measurement, estimate or certificate is untrue and incorrect, or improperly made in any particular, or that the work and materials, or any part thereof, do not in fact conform to the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, City shall not be precluded or estopped from recovering from Contractor and its Sureties such damages as City may sustain by reason of Contractor’s failure to comply or to have complied with the Contract Documents. 17.11 GOVERNING LAW The laws of the State of California govern the construction and interpretation of the Contract Documents, without regard to conflict of law principles. Unless the Contract Documents provide otherwise, any reference to laws, ordinances, rules, or regulations include their later amendment, modifications, and successor legislation. If Contractor or City brings a lawsuit to enforce or interpret one or more provisions of the Contract Documents, jurisdiction is in the Superior Court of the County of Los Angeles, California, or where otherwise appropriate, in the United States District Court, Central District of California. Contractor and City acknowledge that the Contract Documents were negotiated, entered into, and executed—and the Work was performed—in the City of Vernon, California. 17.12 FURTHER ASSURANCES Contractor shall promptly execute and deliver to City all such instruments and other documents and assurances as are reasonably requested by City to further evidence the obligations of Contractor hereunder, including assurances regarding assignments of Subcontractors contained herein. 17.13 SEVERABILITY If any clause, provision, section, paragraph or part of the Contract is ruled invalid by a court having proper jurisdiction, then the parties shall: (a) promptly meet and negotiate a substitute for such clause, provision, section, paragraph or part, which shall, to the greatest extent legally permissible, effect the original intent of the parties, including an equitable adjustment to the Contract Price to account for any change in the Work resulting from such invalidated portion; and (b) if necessary or desirable, apply to the court or other decision maker (as applicable) which declared such invalidity for an interpretation of the invalidated portion to guide the negotiations. The invalidity or unenforceability of any such clause, provision, section, paragraph or part shall not affect the validity or enforceability of the balance of the Contract, which shall be construed and enforced as if the Contract did not contain such invalid or unenforceable clause, provision, section, paragraph or part. Page 91 of 127 17.14 HEADINGS The captions of the sections of the Contract are for convenience only and shall not be deemed part of the Contract or considered in construing the Contract. 17.15 ENTIRE AGREEMENT The Contract Documents contain the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements, understandings, statements, representations and negotiations between the parties with respect to its subject matter. 17.16 COUNTERPARTS This instrument may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [END OF ARTICLE] Page 92 of 127 EXHIBIT 1 Bond No.: Premium Amount: $ Bond’s Effective Date: PERFORMANCE BOND RECITALS: 1. The City of Vernon, California (“City”), has awarded to (Name, address, and telephone of Contractor) ________________________________________________________________________________ (“Principal”), a Contact (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 Licensed 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. Page 93 of 127 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 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, termin ate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason. [Signatures to this Exhibit 1, Performance Bond, Begin on Next Page]. Page 94 of 127 On the date set forth below, Principal and Surety duly executed this Performance 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 and Title) (Name and Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: ▪ THIS BOND MUST BE EXECUTED IN TRIPLICATE. ▪ EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT. ▪ THE ATTORNEY-IN-FACT’S SIGNATURE MUST BE NOTARIZED. ▪ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By: By: Daniel Wall, Director of Public Works Zaynah N. Moussa, Interim City Attorney CORPORATE SEAL CORPORATE SEAL CORPORATE SEAL Page 95 of 127 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 96 of 127 EXHIBIT 2 Bond No.: Premium Amount: $ Bond’s Effective Date: PAYMENT BOND (LABOR AND MATERIALS) RECITALS: 1. The City of Vernon, California (“City”), has awarded to __________________________________________________________________________________________ (Name, address, and telephone of Design-Builder) ________________________________________________________________________________ (“Principal”), a Contract (the “Contract”) for the Work described as follows: Specification No. : in Vernon, CA. 2. Principal is required under California Civil Code Sections 9550-9566 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 Licensed 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 9100, 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 amou nt 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: Page 97 of 127 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. 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, t erminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason. [Signatures to this Exhibit 2, Payment Bond, Begin on Next Page]. Page 98 of 127 On the date set forth below, Principal and Surety duly executed this Payment 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 and Title) (Name and Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: ▪ THIS BOND MUST BE EXECUTED IN TRIPLICATE. ▪ EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT. ▪ THE ATTORNEY-IN-FACT’S SIGNATURE MUST BE NOTARIZED. ▪ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By: By: Daniel Wall, Director of Public Works Zaynah N. Moussa, Interim City Attorney CORPORATE SEAL CORPORATE SEAL CORPORATE SEAL CORPORATE SEAL Page 99 of 127 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 100 of 127 EXHIBIT 3 Bond No.: Premium Amount: $ Bond’s Effective Date: MAINTENANCE BOND RECITALS: 1. The City of Vernon, California (“City”), has awarded to (Name, address, and telephone of Contractor) _______________________________________________________________________________________ (“Principal”), a Contract (the “Contract”) for the Work described as follows: Specification No. : in Vernon, CA. 2. Principal is required under the terms of the Contract— and all contract documents referenced in it (“Contract Documents”)— after completion of the Work and before the filing and recordation of a Notice of Completion for the Work, to furnish a bond to secure claims for Maintenance equal to ten percent (10%) of the total amount of the Contract Which shall hold good for a period of one (1) year from the date the City’s Notice of Completion and Acceptance of the Work is filed with the County Recorder, to protect the City against the result of faulty material or workmanship during that time. 3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and made a part of it by this reference. OBLIGATION: THEREFORE, for value received, We, Principal and (Name, address, and telephone of Surety) ______________________________________________________________________________________ (“Surety”), a duly admitted surety insurer under California’s laws, agree as follows: By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators, successors, and assigns to pay City the penal sum of Dollars ($ ) (“the Bonded Sum”), this amount comprising not less than ten percent (10%) of the total Contract Sum, in lawful money of the United State s of America. The Licensed 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 Page 101 of 127 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. 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, termin ate, 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. [Signatures to this Exhibit 3, Maintenance Bond, Begin on Next Page]. Page 102 of 127 On the date set forth below, Principal and Surety duly executed this Maintenance 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 and Title) (Name and Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: ▪ THIS BOND MUST BE EXECUTED IN TRIPLICATE. ▪ EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT. ▪ THE ATTORNEY-IN-FACT’S SIGNATURE MUST BE NOTARIZED. ▪ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By: By: Daniel Wall, Director of Public Works Zaynah N. Moussa, Interim City Attorney CORPORATE SEAL CORPORATE SEAL CORPORATE SEAL CORPORATE SEAL Page 103 of 127 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 104 of 127 EXHIBIT 4 INSURANCE REQUIREMENTS 1.0 REQUIRED INSURANCE POLICIES At its own expense, Contractor shall obtain, pay for, and maintain – and shall require each of its Subcontractors to obtain and maintain – for the duration of the Agreement, policies of insurance meeting the following requirements: A. Workers’ Compensation/Employer’s Liability Insurance shall provide workers’ compensation statutory benefits as required by law. 1. Employer’s Liability insurance shall be in an amount not less than: (a) ONE MILLION DOLLARS ($1,000,000) per accident for bodily injury or disease; (b) ONE MILLION DOLLARS ($1,000,000) per employee for bodily injury or disease; and (c) ONE MILLION DOLLARS ($1,000,000) policy limit. B. Commercial General Liability (“CGL”) (primary). City and its employees and agents shall be added as additional insureds, not limiting coverage for the additional insured to “ongoing operations” or in any way excluding coverage for completed operations. Coverage shall apply on a primary, non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any employee, representative or agent of City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors’ limitation or other endorsement limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 1. CGL insurance must not be written for less than the limits of liability specified as follows: (a) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including accidental death) to any one person; (b) ONE MILLION DOLLARS ($1,000,000) per occurrence for personal and advertising injury to any one person; (c) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; and (d) TWO MILLION DOLLARS ($2,000,000) general aggregate limit. 2. CGL insurance must include all major divisions of coverage and must cover: (a) Premises Operations (including Explosion, Collapse, and Underground [“X,C,U”] coverages as applicable); (b) Independent Contractor’s Protective; Page 105 of 127 (c) Independent Contractors; (d) Products and Completed Operations (maintain same limits as above until five (5) years after recordation of Notice of Completion); (e) Personal and Advertising Injury (with Employer’s Liability Exclusion deleted); (f) Contractual Liability (including specified provision for Contractor’s obligation under Article 11 of the General Conditions); and (g) Broad Form Property Damage. 3. Umbrella or Excess Liability Insurance (over primary), if provided, shall be at least as broad as any underlying coverage. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no contractor’s limitation endorsement. The policy shall have starting and ending dates concurrent with the underlying coverages. The Named Insured may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits and complies with all other requirements listed here. C. Business Automobile Liability Insurance 1. Business Automobile Liability Insurance must cover all vehicles, whether rented, leased, hired, scheduled, owned or non-owned. If Contractor does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Business Automobile Liability Insurance coverage amounts shall not be less than the following: (a) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including accidental death) to any one person; and (b) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; or (c) ONE MILLION DOLLARS ($1,000,000) combined single limit. D. Contractors Pollution Liability Insurance (CPL) 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 Page 106 of 127 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 officers, employees and agents shall be added to the policy as additional insureds by endorsement. E. Builder’s Risk Insurance 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. Page 107 of 127 G. Separation of Insureds. Contractor’s insurance policy applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the naming of multiple insureds will not increase an insurance company’s limits of liability. H. Claims by Other Insureds. Contractor’s insurance policy applies to a claim or suit brought by an additional insured against a Named Insured or other insured, arising out of bodily injury, personal injury, advertising injury, or property damage. I. Premiums. City is not liable for a premium payment or another expense under Contractor’s policy J. At any time during the duration of this Contract, City may do any one or more of the following: 1. Review this Agreement’s insurance coverage requirements; 2. Require that Contractor obtain, pay for, and maintain more insurance depending on City’s assessment of any one or more of the following factors: (a) City’s risk of liability or exposure arising out of, or in any way connected with, the services of Contractor under this Agreement; (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 Page 108 of 127 2. Furnishes City at any time upon its request, with a complete copy of the Subcontractor’s insurance policy or policies for City’s review, or approval, or both. Failure of City to request copies of such documents shall not impose any liability on City, or its employees. O. Contractor’s failure to comply with an insurance provision in this Agreement constitutes a material breach upon which City may immediately terminate or suspend Contractor’s performance of this Agreement, or invoke another remedy that this Agreement or the law allows. At its discretion and without waiving any other rights it may have pursuant to law, City has the right but not a duty to obtain or renew the insurance and pay all or part of the premiums. Upon demand, Contractor shall repay City for all sums or monies that City paid to obtain, renew, or reinstate the insurance, or City may offset the cost of the premium against any sums or monies that City may owe Contractor. 3.0 CONTRACTOR’S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS A. Contractor shall have its insurance carrier(s) or self-insurance administrator(s) complete and execute the following insurance documents and shall deliver said documents at the same time Contractor delivers this Agreement to City. City will neither sign this Agreement nor issue a “Notice to Proceed” until the City Attorney or City’s Risk Manager has reviewed and approved all insurance documents. City's decision as to the acceptability of all insurance documents is final. Sample insurance documents in the City’s approved format are set forth in this 4. B. Required Submittals for Commercial General Liability and Business Automobile Insurance and 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 Page 109 of 127 ensuring that all required coverage is provided. Contractor agrees to obtain certificates evidencing such coverage. F. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. G. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. H. Any “self-insured retention” must be declared and approved by City. City reserves the right to require the self-insured retention to be eliminated or replaced by a deductible. Self-funding, policy fronting or other mechanisms to avoid risk transfer are not acceptable. If Contractor has such a program, Contractor must fully disclose such program to City. Page 110 of 127 EXHIBIT 5 Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit CITY OF VERNON Public Works Department Construction Stormwater Program Permit Number: Date: Applicant: Phone: Project Address: Property Owner: Contractor: Contractor’s Address: The National Pollutant Discharge Elimination System (NPDES) is a portion of the Clean Water Act that applies to the protection of receiving waters. Under permits from the Los Angeles Regional Water Quality Control Board (RWQCB), certain activities are subject to RWQCB enforcement. To meet the standards of the Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watershed of Los Angeles County, Except those Discharges Originating from the City of Long Beach MS4 (CAS004001), the City of Vernon has adopted minimum standards for stormwater runoff from development construction activities. These minimum standards require the implementation of an effective combination of erosion and sediment control Best Management Practices (BMPs) to prevent erosion and sediment loss, and the discharge of construction waste at each site. At a minimum, the construction activity associated with the construction project identified above shall be conducted in such a manner that: ➢ Prevents illicit construction-related discharges of pollutants into the MS4 and receiving waters. ➢ Implements and maintains structural and non-structural BMPs to reduce pollutants in stormwater runoff from construction sites. ➢ Reduces construction site discharges of pollutants to the MS4 to the maximum extent practicable. ➢ Prevents construction site discharges to the MS4 from causing or contributing to a violation of water quality standards. Note: The Stormwater BMP Construction Handbook sheets developed by the California Stormwater Quality Association shall be used as guidance in determining and implementing required BMPs. The BMP sheets may be reviewed at the Public Works Department counter during regular business hours. A General Construction Permit shall be obtained and maintained for all construction sites one (1) acre or greater. Additional conditions may be required for these sites. Page 111 of 127 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 112 of 127 EXHIBIT A6 Statement of Intent to Comply with Minimum Requirements of the California Covid-19 Industry Guidance: Construction CITY OF VERNON Public Works Department 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 113 of 127 EXHIBIT B SPECIAL PROVISIONS SPECIFIC FOR THIS PROJECT CS-1349 Exhibit B - Special Provisions - Page 114 of 127 EXHIBIT B SPECIAL PROVISIONS - SPECIFIC FOR THIS PROJECT ADA IMPROVEMENTS AT THE INTERSECTION OF PACIFIC BLVD./VERNON AVE. AND SANTA FE AVE. GENERAL B-1.01 Scope of Work – This project consists of construction of new American with Disabilities “ADA” ramps, new curb and gutter and new sidewalk to comply with the City of Vernon ADA Transition Plan. B-1.02 Contract Plans – The details, construction requirements and the exact limits for the concrete work in this project are shown on Attachment A (City of Vernon ADA Transition Plan) of Contract No. CS-1349 Specifications, and sheet drawing, incorporated into this Agreement by this reference: Sheet No. Plan No. Description 1 P2776 ADA Improvements at the Intersection of Pacific Blvd./Vernon Ave. & Santa Fe Ave. B-1.03 Guidelines and Specifications – Installation and payment for all the work shall conform to the Standard Specifications for Public Works Construction (2018 Edition), State of California Department of Transportation “Caltrans” Standard Plans and Standard Specifications (2018 Edition), California Manual on Uniform Traffic Control Devices (2014 Edition), Public Rights of Way, ADA Accessibility Guidelines and Standards (2010 Edition), California Building Code (2007, 2016 and 2019 Edition) and the City of Vernon Standard Plans. B-1.04 Length of Contract – All work in this project shall be completed within thirty (30) calendar days as specified in the Bidder's Proposal. B-1.05 Delays and Extensions of Time – The provisions of Section 6-6 entitled "Delays and Extensions of Time" of the Standard Specifications shall apply except as modified and supplemented below. The second paragraph of subsection 6-6.1 is hereby deleted and the following paragraph shall be inserted in its place: No extension of time will be granted for a delay caused by the inability of the Contractor to obtain materials, equipment and labor, except as authorized by the City Engineer. The length of contract time stipulated includes any time which may be required to obtain materials, equipment and labor, and the Contractor in submitting a bid shall be deemed to have ascertained the availability of materials, equipment and labor and considered same in his proposed construction schedule. CS-1349 Exhibit B - Special Provisions - Page 115 of 127 B-1.06 Quality of Work – The provisions of Section 4-1.1 entitled "Materials and Workmanship" of the Standard Specifications (2018) shall apply. In addition, any work deemed unacceptable by the City Engineer, whether a cause is determined or not shall be repaired or replaced by the Contractor at his expense. B-l.07 Liquidated Damages – In accordance with Section 6-9 of the Standard Specifications (2018), for each consecutive calendar day required to complete the work in excess of the time specified herein for its completion, as adjusted in accordance with Section 6-6 of the Standard Specifications (2018), the Contractor shall pay to the City, or have withheld from monies due it, the sum of $1,500 B-1.08 Unit Prices - All costs not covered by specific unit prices but required for a complete job in place, shall be included in the items most related to the work. B-2.01 Scheduling of Work – The Contractor shall submit his work schedule to the City Engineer at the pre-construction meeting. The construction schedule shall show the sequence of work, critical path and estimated time for completion of each segment of work. This schedule must be reviewed and accepted by the City Engineer before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed schedule forecasting two weeks of work describing each day’s work. This schedule shall be updated and submitted to the City every other Monday during the construction period. The Contractor shall give 48 hours’ notice to the City Engineer prior to the start of the work. B-2.02 Construction Hours- Work shall occur between the hours of 6am to 3pm unless otherwise restricted by the type of work shown below: B-3.01 Traffic Requirements - General – Before any partial or total closure of any street, the Contractor shall be required to obtain the approval of the City Engineer. The Contractor shall comply with Section 7-10 of the Standard Specifications (2018) and provide safe and continuous passage for pedestrian and vehicular traffic at all times. The contractor shall provide and maintain all necessary flagmen, barricades, delineators, signs, flashers and any other safety equipment as set forth in the latest publication of the State of California, Division of Highways, Traffic Manual or as required by the City Engineer to insure safe passage of traffic. In addition to the requirements of the "CA MUTCD" handbook, the City Engineer may require flatter traffic tapers, additional traffic control devices, barricading, and other signing in order to ensure driver awareness and safety in the construction area. Further, the Contractor shall provide Type II or Type III barricades and delineators at locations as determined by the City Engineer. The Contractor shall maintain continuous access to all businesses within the project limits. Any closed access or drive approach shall be immediately restored when the construction operation that necessitated such closure is completed. The following is a partial list of factors required to comply with this access requirement: a. Where a business or residence has more than one two-way drive, continuous access to at CS-1349 Exhibit B - Special Provisions - Page 116 of 127 least one two-way drive shall be maintained at all times. b. A business or residence that has a drive approach that is at least 40 feet wide shall be poured in halves in order to maintain continuous access unless otherwise approved by the City Engineer. c. In addition to the above, the Contractor shall be required to construct temporary ramps at excavated areas and utilize other construction methods such as temporarily backfilling areas and surfacing with temporary A.C. paving, in order to comply with the requirements of continuous access unless otherwise directed by the City Engineer. B-3.02 Traffic Requirements – Specific for this Project – In addition to the general specific requirements of Section B -3.01 of these Specifications, the following provisions shall apply unless otherwise directed by the City Engineer. a. The Contractor shall submit traffic channelization and/or detour plans to the City Engineer for approval at least (10) ten working days prior to commencement of work. b. The posting of "NO PARKING" signs within the construction limits is permitted with the approval of the City Engineer. "NO PARKING" signs shall contain a "TOW AWAY" warning. These signs shall be furnished and maintained by the Contractor and shall be of the type approved by the City Engineer. Each sign posted shall have the date and time indicating the duration of the "NO PARKING" prohibition printed clearly in a manner acceptable to the City Engineer, and not handwritten. New signs shall be posted when changes occur in the parking prohibitions indicated on the previously posted signs. Signs must be posted at least 72 hours in advance of construction or they are invalid. Signs shall not be attached to trees or taped to street light or traffic signal poles. Contractor shall only post "NO PARKING SIGNS" on one side of the street at a time unless otherwise approved by the City Engineer. The signs shall be effective for no more than five working days and shall be removed within 24 hours after the work is complete. If signs are not removed in a timely manner, the City Engineer may suspend all work until signage requirement is corrected. All signs, lights and other warning devices used shall be in accordance with State of California Business and Transportation City Department of Public Works Manual of Warning Signs, Lights and Devices for Use in Performance of Work upon Highways. Due to the necessity of private property access, the contractor may be required to maintain a fifteen (15) foot, in width, travel lane. Detour of traffic shall be maintained within the construction zone for the duration of the construction. The Contractor shall provide access to local businesses at all times unless otherwise approved by the City Engineer. This may include providing steel plates at some driveway approaches. The Contractor shall furnish and maintain Type II and Type III barricades with CS-1349 Exhibit B - Special Provisions - Page 117 of 127 flashers at the removal areas. Message boards shall be used for pre-construction warnings, lane closure/detour areas and placed 10 calendar days in advance of the closure/detour. Flashing arrow boards shall be used on Santa Fe Avenue. The traffic control shall be in accordance with the California Manual of Temporary Traffic Controls (CA MUTCD, latest edition) handbook. c. Traffic Control Work shall include all labor, materials, tools, equipment, transportation and incidentals necessary to maintain and control all vehicular and pedestrian traffic through the construction site. The cost of furnishing and maintaining traffic control during the construction including flagmen as necessary must be included in the various bid items, and no extra compensation will be paid to the Contractor. B-4.01 Extra Work – In the event the City and the Contractor are unable to negotiate an agreed price for extra work, which is acceptable to both parties, payment shall be made based on time and materials as follows: a. Work by the Contractor: The following percentages shall be added to the Contractor's cost and shall constitute the markup for all overhead and profits: 1. Labor 20% 2. Materials 15% 3. Equipment Rental 15% 4. Other Items and Expenditures 15% b. Work by the Subcontractor - When all or any part of the extra work is performed by a subcontractor, the above markups shall apply to the aggregate sum of the extra work, regardless of the number of tiers of subcontractors used. In addition, a markup of 10-percent on the first $5,000 of extra work and 5-percent on work in excess of $5,000 may be added by the Contractor. B-4.02 Compliance with Laws, Regulations, and Safe Practices – The Contractor shall perform all work in a safe, competent manner and in accordance with all federal, state, and local statues, regulations, ordinances, rules, and governmental orders. The Contractor will be solely and completely responsible for the conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. Inspection of the Contractor's performance by the City, its agents, or employees is not intended to include review of the adequacy of the Contractor's safety measures in or near the job site. B-4.03 Notification of Affected Residents/Businesses – The Contractor shall be responsible for distribution of the general information letter of the project to all affected residents and businesses. A project general information letter and sufficient copies thereof will be prepared by City staff for Contractor distribution to all residents, business establishments, and institutions fronting on or directly affected by the project. CS-1349 Exhibit B - Special Provisions - Page 118 of 127 The Contractor shall be responsible for distribution of said letter in handout form to all the appropriate residences and buildings in the subject area. Distribution shall be accomplished in a manner acceptable to the City Engineer and shall be five (5) working days prior to the beginning of construction operations in the immediate vicinity. In addition to the above, the Contractor shall be fully responsible for such other notifications as may be required related to necessary closures of streets, alleys, driveways, etc., or to unavoidable access or parking restrictions. These notifications shall apply where the closures and access or parking restrictions required in the performance of any work under this contract preclude any resident, tenant, or property owner from utilizing the premises or conducting business thereon in a reasonable and customary manner. Additional notification to the affected businesses and residents shall be prepared by the City and distributed by the Contractor for roadway and driveway closures five (5) working days in advance of any construction work. No removal or excavation work is allowed until the additional notification has been distributed to the affected residents and businesses. If a Contractor is unable to adhere to his schedule as indicated on his written notification, then all the affected residents and places of business shall be re-notified of the revised schedule, in writing, as indicated above. Contractor costs for all of the above notifications shall be considered as included in the appropriate items of the Bid Proposal. B-4.04 Notification of Utilities – The provisions of Section 5 entitled "Utilities" of the Standard Specifications shall apply. The Contractor shall contact the Underground Service Alert of Southern California (U.S.A.) at least two working days in advance of the construction work. B-5.01 Noise Restrictions – The Contractor may not operate certain power equipment, within a residential area or within a radius of 500 feet from a residential area, except during the following times: 1. From 6:00 am to 3:00 pm, Monday through Friday 2. From 6:00 am to 5:00 pm on Saturday and Sunday In addition, the noise level from the Contractor's operations shall not exceed 85 dBA when measured within a one hundred (100) foot radius at any time. B-6.01 Construction Order of Work – Work shall be scheduled so as to lessen the impact upon businesses. Requirements – General: 1. All construction shall conform to Sections 6-1 and 6-2 of the latest edition of the Standard Specifications for Public Works Construction and shall proceed in a smooth, efficient, timely and continuous manner. As such, once construction is started in a work area, the Contractor will be required to work continuously in that work area until construction has been completed and CS-1349 Exhibit B - Special Provisions - Page 119 of 127 the work area is open and accessible to both vehicular and pedestrian traffic in a manner approved by the City Engineer before the next stage of work will be allowed to begin. 2. Once construction is started in a work area, the Contractor shall not withdraw manpower or equipment from that work area in order to start construction in another work area if doing so, in the opinion of the City Engineer, delays the completion of the work presently under construction. 3. The Contractor shall maintain continuous access to all residents and businesses within the project limits, including drive approaches, unless the Contractor has obtained the approval of the City Engineer to close either such access or drive approach. 4. No stockpiling of material and construction equipment on public streets or sidewalks will be permitted on this project unless approved by the City Engineer. Material and equipment placed on public streets, sidewalks and on the construction areas shall be used the same day. B-7.01 Character of Workers – If any subcontractor or person employed by the Contractor shall appear to the City’s Engineer to be incompetent, intemperate, troublesome, or acts in a disorderly or otherwise objectionable manner, he/she shall be immediately discharged from the project on the request of the City’s Engineer, and such person shall not be reemployed on the work. If said individual has an ownership interest in the contracting entity, the City Engineer will serve written notice upon the Contractor and the Surety providing the faithful performance bond, in accordance with Section 6-4, "Default by Contractor," of the Standard Specifications, demanding complete and satisfactory compliance with the Contract. B-8.01 Examination of the Site – The Contractor is required to examine the site and judge for themselves the location, physical conditions, substructures, and surroundings of the proposed work. B-8.02 Mobilization – The cost of all preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the project site must be included in the various bid items, and no extra compensation will be paid to the Contractor. B-8.03 Dust Control – Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall abate dust nuisance by cleaning, sweeping and sprinkling water, or other means as necessary when requested by the City. Failure of the Contractor to comply with the City Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation or extension of contract completion time will be allowed as a result of such suspension. The cost of furnishing and operating dust control during the construction project shall be included in the various bid items, and no extra compensation will be paid to the Contractor. B-8.04 Temporary Water Meter – If necessary, the Contractor shall obtain a temporary water meter from the City of Vernon Water Department by placing a deposit of $1,000. Contractor shall pay for all water used. Contractor shall not relocate the service. The Contractor shall call the City of Vernon Water Department to relocate the service and will be charged $50.00 for each relocation. CS-1349 Exhibit B - Special Provisions - Page 120 of 127 B-8.05 Cleaning of Site During Construction – During construction, all existing improvements, including pavement, sidewalk, curb and gutter, adjacent to the work area shall be swept free from soils, gravel, dirt or debris on a daily basis. The Contractor is responsible for maintaining all sidewalk, curb and gutter areas within the construction zone free from loose materials at all times. B-8.06 Sanitary Facilities – The Contractor shall furnish and maintain sufficient sanitary facilities by the worksites for the entire duration of construction activities. The cost of furnishing and maintaining sufficient sanitary facilities shall be included in the various bid items, and no extra compensation will be paid to the Contractor. B-8.07 Final Cleaning of Site and Restoration – The Contractor shall be responsible for cleaning and restoration of all damaged existing improvements such as sidewalk, driveway, curb and gutter, and private property at no cost to the City. The Contractor shall remove all loose aggregates by sweeping all the sidewalks and gutters. The cost of furnishing and operating such sweeping after the construction of the project must be included in the various bid items, and no extra compensation will be paid to the Contractor. B-9.01 Best Management Practices (BMP’s) – The Contractor shall submit a copy of their Best Management Practices (BMPs) to the City Engineer for review ten (10) days prior to the beginning of any work. The Contractor is hereby notified that specific construction practices in the Standard Specifications, Section 7-8.6.2, “Best Management Practices (BMPs)” are considered to be Best Management Practices. The Contractor shall implement and maintain such BMP’s as are relevant to the work, and as are specifically required by the Plans or Special Provisions. The Contractor shall not commence activity until the BMP submittal has been reviewed and approved. B-10.01 Protection of the Public – The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the City Engineer, a condition exists in which the Contractor has not taken sufficient precaution of public safety, protection of utilities, and/or protection of adjacent structures or property, the City Engineer will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the City Engineer, or in the event of an emergency situation, the City Engineer may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the City Engineer, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor. B-11.01 Material Submittals – The Contractor shall provide all required submittals including, but not limited to the following: CS-1349 Exhibit B - Special Provisions - Page 121 of 127 Shop drawings, materials and mix designs to the City upon reward of the contract for review and approval before the construction, and truncated domes. The “Notice to Proceed” will not be issued to the Contractor until all the submittals have been reviewed and approved by the City. B-12.01 Unclassified Excavation – This section shall conform to Subsection 300-2 of the Standard Specifications and these Special Provisions. Unclassified excavation shall consist of saw cutting, excavation and disposal of existing concrete sidewalk, concrete ADA ramps, curb and gutter, and/or adjacent one foot wide strip asphalt pavement along proposed concrete ADA ramp improvements, and removal and disposal of asphalt pavement for the proposed concrete approach, including aggregate base, soil etc., as shown on the project plans. The cost for unclassified excavation shall be included in the unclassified excavation bid item unit price and no additional compensation to the Contractor shall be made therefor. Cost for unclassified fill if any, re-grading and re-compaction shall be included in the unit price paid for the unclassified excavation for the said areas and no additional payment will be allowed therefor. B-12.02 Saw-cutting – A concrete saw shall, where practicable, be used to neatly saw the edge of all existing concrete sidewalk, curb, gutter, and/or drive apron to be removed. All work shall conform to applicable provisions of the Standard Specifications. Payment for saw-cutting concrete and asphalt pavement, concrete spandrel, drive aprons, curb, gutter or sidewalk shall be included in the unit bid prices of the various related items as specified in the Bidder's Proposal and no additional compensation for this work shall be made therefor. Saw-cutting will be required along score lines of all individual concrete areas to be removed unless otherwise directed by the City’s Engineer. A minimum 8" saw-cutting depth will be required along the joint line for curb and gutter. The residue resulting from the saw-cutting operations shall not be permitted to flow beyond the specific work location and shall be vacuumed concurrently with the operation. See Section I-2.04.1 of these Specifications for NPDES requirements. B-13.01 Bus Stop Enclosures – Facilities within the Bus Stop Enclosures (including shelters, benches, and sign posts) shall be protected in place. The Contractor shall provide notification and obtain approval from MTA for the scope of work on the project. B-14.01 Maintaining Existing Traffic Signal System – In accordance with Section 701-4 and 701- 5.4 of the Standard Specifications, the existing traffic signals shall be in operation at all times. B-15.01 Concrete Improvement – General – The construction of concrete improvements shall consist of removal and disposal of concrete, asphalt concrete pavement, debris, native soil, and construction of concrete curb ramps and sidewalks according to the City of Vernon Plans, CS-1349 Exhibit B - Special Provisions - Page 122 of 127 Specification and ADA Transition Plan.. No wild pouring allowed. All concrete classifications are according to Standard Specification for Public Works Construction Section 201-1.1.2. The cost for construction of the depressed concrete gutter for curb ramps, soil backfill, and re-compaction shall be included in the ADA curb ramp bid item and no extra compensation will be paid to the Contractor. B-15.02 Concrete Sidewalk – The 3.5” thick concrete sidewalk and walkway shall be constructed according to the City of Vernon Standard Plan No. PV582. Saw-cut, remove, and dispose existing concrete, asphalt concrete, and/or soil to nearest score line or as painted by the City’s Engineer. Sidewalk shall be measured and paid under the concrete sidewalk unit bid item including subgrade preparations, forming, finishing, and all incidentals. The cost for the removal and replacement of the concrete sidewalk shall be included in the sidewalk bid item unit price and no additional compensation to the Contractor shall be made therefor. B-15.03 Concrete Curb Ramp (Handicap Access) – The concrete curb (accessible) ramp including truncated dome and depressed gutter shall be constructed according to the City of Vernon ADA Transition Plan and the Revised Caltrans Standard Plan RSP A88A. The ramp shall be poured monolithically with depressed gutter which has 0” (zero inch) lip. Unless otherwise indicated on plans, remove a 1’ wide by 12” deep section of pavement (asphalt, concrete, base) along the edge of existing gutter, re-compact base or sub-grade and repave with 4” thick asphalt concrete pavement to 2” below edge of gutter to allow for 2” asphalt concrete pavement overlay to be flush with edge of gutter. The location of the ramps to be re-constructed are shown on the contract plans and on Attachment A of the Contract Specifications. The proposed curb (handicap access) ramps shown on plans are diagrammatical. Case A, Case B, or Case G are preferred when field conditions allow it. Other cases shall be installed if directed by the City’s engineer. The City shall mark the limit of work in the field for each street corner involved, and the Contractor shall field measure (verify) the required work to complete the proposed concrete curb ramp construction including but not limited to the cost for removal, disposal and relocation of the existing sidewalk curb drains, utility, traffic/street related poles and boxes. The cost of the truncated dome, depressed gutter and all the above work for proposed curb ramp shall be included in the curb ramp unit bid price and no additional compensation to the Contractor shall be made therefor. B-15.04 Truncated Domes – Curb ramp and walkway detectable warning surface shall consist of raised truncated domes constructed or installed on curb ramps or walkways according to the Revised Caltrans Standard Plan RSP A88A. Per the Contract Plans, the detectable warning surface shall be prefabricated cast-in-place on the curb ramp or walkway. The color of the detectable warning surface shall be yellow conforming to Federal Standard 595B, Color No. 33538. The finished surfaces of the detectable warning surface shall be free from blemishes. The cost of installing truncated domes on proposed concrete curb ramp shall be included in concrete curb ramp bid item unit price and no additional compensation to the Contractor shall be made therefor. CS-1349 Exhibit B - Special Provisions - Page 123 of 127 The manufacturer shall provide a written 5-year warranty for prefabricated detectable warning surfaces, guaranteeing replacement when there is defect in the dome shape, color fastness, sound-on-cane acoustic quality, resilience, or attachment. The warranty period shall begin upon acceptance of the contract. B-15.05 Concrete Joints and Keyways – Longitudinal joints shall coincide with traffic lanes unless otherwise approved by the City Engineer. Construction of keyways and tie bars shall be per the Standard Plans for Public Works Construction (SPPWC) Standard Plan No. 134-2 and placed at every cold joint in the concrete slab/pavement or as directed by the City Engineer. B-16.01 Contractor Responsibility – The Contractor shall be responsible for the final product and shall make any quality control, adjustments and corrections necessary to obtain the final product accepted by the City Engineer. The Contractor shall perform process and quality control sampling and testing and exercise management control the work of his/her subcontractors, technicians and workers to ensure that the milling, transporting, spreading, compaction, and finishing processes conform to these Specifications. The proficiency of testing laboratories and sampling and testing personnel shall be reviewed and approved by the City Engineer prior to providing services to the project. The City Engineer shall have unrestricted access to the laboratory, sampling, testing sites, and all information resulting from mix design and quality control activities. All Quality Control testing results shall be submitted to the City Engineer on a daily basis. B-17.01 Weather Limitations – Placement operations shall not be performed during wet conditions or if rain or cold conditions (less than 45°F) are imminent or predicted to exist at any time. “Imminent or predicted” is defined as being forecasted within a 48-hour period on the National Weather Service Web Site http://www.wrh.noaa.gov for the most representative and nearest location listed where placement is to begin and end. B-18.01 Full Depth Asphalt Removal – Shall be in accordance with Section 300-1 of the Standard Specifications. Contractor shall remove entire asphalt section without disturbing or introducing any subgrade materials to the asphalt millings. B-19.01 Subgrade and Surface Preparation – Prior to placing new pavement the subgrade soils/base shall be properly prepared, moisture treated and compacted to a minimum of 95 percent relative compaction based upon ASTM D 1557 so as to create an evenly graded, unyielding surface. If the new pavement is to be placed on an existing milled pavement surface it shall be verified that the milled surface is firm and unyielding and there are no subgrade failure areas beneath the milled surface that might compromise the integrity of the new pavement. When new pavement is placed on a milled surface or adjacent to structures such as curbs, concrete gutters, swales, planters, etc… these contact surfaces shall be swept of all loose material to create a dry clean surface. A tack coat of SS- 1h emulsion, emulsified recycling agent or equivalent (0.05 gallon per square yard minimum) shall be applied to all surface areas prior to placing the new pavement. New pavement is not recommended as a direct overlay on existing asphalt pavement without first milling the underlying pavement to aid in bonding and to prevent slippage. B-20.01 New Asphalt Concrete Paving – Material – Asphalt concrete base paving material for this CS-1349 Exhibit B - Special Provisions - Page 124 of 127 project shall be Class B-PG-70-10 per the Standard Specifications for Public Works Construction. The final 2” cap/overlay shall be Class C2 PG 70-10 with 2% Latex Additive and per the specifications below. The asphalt concrete material shall include the following: (1) Fractured faces of crushed rock shall conform to Standard Specifications 200-1.2. (2) Recycled Asphalt Concrete shall not be allowed in new asphalt concrete mix. (3) Minimum air void shall be 4% per Standard Specifications 203-6.4.3. The Contractor shall inform the City of the name and location of the asphalt plant that will furnish asphalt concrete to the job sites. The City will schedule plant inspection on paving days for quality control. The City will reject asphalt concrete load shipments from any other plants. The Contractor shall establish designated asphalt truck routes and staging areas and shall communicate these routes and areas to truck drivers prior to the arrival at the job site. The City shall approve this plan five (5) days prior to paving. The Contractor shall place diesel fuel on top of all manholes, valves and monument covers immediately before the final asphalt pavement overlay. Feather join edges shall be made along straight lines by hand raking out all heavy aggregates prior to rolling to produce a smooth uniform surface. Compacted edge along gutter shall be flush. No traffic shall be allowed on paved surfaces for a minimum of two hours after paving unless approved by the City. Contractor shall remove all tracked asphalt materials from concrete surfaces. No asphalt trucks shall utilize existing driveways for turn around. Paving operations at the end of each day or night shall leave no joints parallel to the direction of traffic. Joints perpendicular to the direction of traffic shall be ramped with temporary asphalt concrete. The ramping shall be removed prior to paving. Existing potholed asphalt concrete pavement and base thicknesses are shown on plans. B-20.02 Latex Rubber Additive – This work shall consist of adding a 2% latex rubber additive to the asphalt concrete mix for the final 2" thick surface overlay shall be Class C2-PG 70-10 in accordance with the following provisions and the Standard Specifications for Public Works Construction, Section 203- 10 “Latex Modified Asphalt Concrete”: A. Latex rubber shall be water based emulsified suspension of Styrene/Butadiene Rubber in liquid form. B. Latex rubber, amounting to 2% by weight of the asphalt cement, shall be added at the pug mill with the asphalt cement during the mixing cycle. C. The Contractor shall submit the mix design to the City Engineer for approval prior to use. D. Latex rubber may be added to the mixture in any method that will assure uniform distribution, accurate measurement of quantity of latex introduced. The latex shall be introduced to the mix at the same time as the introduction of asphalt. E. The wet mixing cycle shall be 50 seconds. CS-1349 Exhibit B - Special Provisions - Page 125 of 127 Payment for Latex Rubber additive shall be included in the unit price for Asphalt Concrete Pavement with Latex and no extra compensation will be paid to the Contractor. B-20.03 Tack Coat Application – A tack coat of SS-1h shall be applied at the rate of 0.10 gallons per square yard to all uniform thickness cold planed areas. The surface shall be free of water, foreign material, or dust when the tack coat is applied. A similar tack coat shall be applied to the surface of any course, if the surface is such that a satisfactory bond cannot be obtained between it and a succeeding course. The cost of furnishing and applying tack coat SS-1h must be included in the paving operation, and no extra compensation will be paid to the Contractor. The Contractor shall make all necessary efforts to minimize the tracking of the fresh oil on the existing improvements such as sidewalks, driveways, curb and gutters, private property, etc. Under no circumstance will the tack-coat truck spray the roadway more than 200 feet ahead of the paving machine. No trucks shall utilize existing driveways for turn around. All maneuvering shall take place on the streets. Contractor will be responsible for such cleaning and restoration as needed. B-20.04 Field Testing – The crushed miscellaneous base material shall be compacted to a relative compaction of 95%. All trenches and sub-grade below six inches (6") shall be compacted to a relative compaction of 90%. The asphalt concrete pavement compaction after rolling shall also be 95%. The City shall test for the field density of the compacted asphalt concrete by using a properly calibrated nuclear asphalt- testing device. The Contractor shall notify the City 48 hours in advance when to schedule field relative compaction tests. Failed compaction test areas shall be immediately removed and replaced at Contractor’s expense. EXHIBIT B - ATTACHMENT A City of Vernon ADA Transition Plan EXHIBIT B - Special Provisions - Attachment A Report Prepared by: Sally Swanson Architects, Inc. 2600 West Olive Avenue, 5th Floor Burbank, CA 91505 Ian Blakey, Project Manager Josh Klipp, Program Access Specialist EXHIBIT B - Special Provisions - Attachment A EXHIBIT B - Special Provisions - Attachment A Orientation: Field Condition: Measurement: Proposed Solution: Cross Street: Measurements: - BOLD N North W West - EXHIBIT B - Special Provisions - Attachment A FEATURE: Street Grade Used for reference in regards to possible exceptions Top Landing Length Top Landing Slope Top Landing X Slope Bottom Landing Length Bottom Landing Slope Bottom Landing X Slope Right Flare Gutter Lip Gutter Slope Gutter X Slope Truncated Domes Dome Setback Within Crosswalk Viewpoint EXHIBIT B - Special Provisions - Attachment A EXHIBIT B - Special Provisions - Attachment A City of Vernon - 2020 ADA Transition Plan S SANTA FE AVE Codes/Mitigation Info Ramp TypeOrientation Measurements X Slope of the Ramp / PadTop landing at existing perpendicular curb ramp or blended transition is less than 48" x 48" (60" length x ramp width preferred). 0.0" Ramp Landing Demolish existing and provide new, parallel curb ramp, including detectable warning surfaces, and top and bottom landings as required. NE Perpendicular R304.2.1 4.8.4 405.7 1127B.5.4 (in) 76.0Width of Ramp / Pad (%)Slope of the Ramp / Pad 10.8 (%) 0.9 Left Flare 9.1(%) Right Flare 12.8(%) N/ATop Landing Slope (%) N/ATop Landing X Slope (%) 0.0Top Landing Length (in) Within Crosswalk <48" 0.0Gutter Lip (in) 6.7Gutter Slope (%) 0.4Gutter XSlope (%) Truncated Domes NO(y/n) Stop Light 2 X-walk Stop/Yield Control: Crosswalks Served: Tee Intersection: Vertical Curb: 11B-406.5.3 No Vertical Length of Ramp / Pad (in) 96.0 Street Grade (Left / Right) 0.6 1.3(%) (y/n) (y/n) The slope of the gutter area or street at the foot of a curb ramp, blended transition, pedestrian pad, or island cut through exceeds 1:20 (5%) in the direction of the pedestrian crossing. 5.3% Parallel Gutter Demolish gutter or street area as required and provide 48" x 48" area at foot of curb ramp, blended transition, pedestrian pad, or island cut through with slope no greater than 5%. SE R304.5.4 4.7.2 406.2 1127B.5.3 LEFT RIGHT (in) 86.0 88.0 (%) 4.8 6.8 (%) 0.5 0.6 0.1 0.5 (%)0.1 0.5 Width of Ramp / Pad Length of Ramp / Pad Slope of the Ramp / Pad X Slope of the Ramp / Pad Top Landing Length Top Landing Slope Top Landing X Slope (%) (in) 1.4(%) 0.5 Bottom Landing Length Bottom Landing Slope Bottom Landing X Slope (%) 48.0(in) YES 0.5Gutter Lip Dome Setback (in) 5.3Gutter Slope (%) 0.4Gutter XSlope (%) 6.0(in) (y/n) Truncated Domes (y/n)YES Stop Light 2 X-walk Stop/Yield Control: Within Crosswalk Crosswalks Served: Tee Intersection: Vertical Curb: 11B-406.5.8 No Vertical (in) 125.0 104.0 1.3 0.9Street Grade (Left / Right) (%) (y/n) (y/n) Codes/Mitigation Info Ramp TypeOrientation Measurements EXHIBIT B - Special Provisions - Attachment A City of Vernon - 2020 ADA Transition Plan S SANTA FE AVE X Slope of the Ramp / PadCross slope at top landing of existing parallel or combination curb ramp exceeds 2%. Left: 2.5% Ramp Landing Demolish existing and provide new top landing sloped at 2% max. Curb ramp to remain. SW Parallel R304.5.3 4.8.4; 4.8.6 1127B.5.4 LEFT RIGHT (in) 79.5 79.0Width of Ramp / Pad (%)Slope of the Ramp / Pad 5.6 4.6 (%) 1.3 0.9 0.3 0.4 Top Landing Slope (%)2.5 1.9 Top Landing X Slope (%) Top Landing Length (in) 0.5Bottom Landing Slope (%) 0.3Bottom Landing X Slope (%) 48.0Bottom Landing Length (in) Within Crosswalk YES 0.0Gutter Lip Dome Setback (in) 3.3Gutter Slope (%) 0.3Gutter XSlope (%) 6.0(in) (y/n) Truncated Domes YES(y/n) Stop Light 2 X-walk Stop/Yield Control: Crosswalks Served: Tee Intersection: Vertical Curb: 11B-406.5.3 No Vertical Length of Ramp / Pad (in) 71.0 140.0 Street Grade (Left / Right) 3.9 0.6(%) (y/n) (y/n) Codes/Mitigation Info Ramp TypeOrientation Measurements Codes/Mitigation Info Ramp TypeOrientation Measurements X Slope of the Ramp / PadCross slope of existing parallel or combination curb ramp exceeds 2%. Right: 3.0% Combination Ramp Cross Slope Demolish existing and provide new parallel or combination curb ramp including detectable warning surfaces, and top and bottom landings as required. NW R304.5.3 4.8.6 LEFT RIGHT (in) 56.0 55.0 (%) Width of Ramp / Pad Length of Ramp / Pad Slope of the Ramp / Pad 3.8 4.9 (%) 1.9 3.0 7.8(%) 5.7(%) 0.4 1.0(%) 1.8 3.0 Top Landing Length Top Landing Slope Top Landing X Slope (%) 48.0 48.0(in) 1.7(in) 1.9(in) 48.0(in) YES 0.0 Bottom Landing Length Bottom Landing Slope Bottom Landing X Slope Left Flare Right Flare Gutter Slope Gutter XSlope Gutter Lip Truncated Domes Dome Setback (in) 5.6(%) 0.4(%) 6.0(in) (y/n) (y/n)YES Stop Light 2 X-walk Stop/Yield Control: Within Crosswalk Crosswalks Served: Tee Intersection: Vertical Curb: 11B-406.5.7 No Vertical (in) 118.0 99.0 0.9 0.5Street Grade (Left / Right) (%) 5.7(%) 1.3 Length of Combo. Ramp Combo. Ramp Slope Combo. Ramp X Slope (%) 59.0(in) (y/n) (y/n) EXHIBIT B - Special Provisions - Attachment A EXHIBIT B - Special Provisions - Attachment A Codes / Mitigation InfoOrientation Measurements Intersection North East Corner City of Vernon - 2020 ADA Transition Plan S Santa Fe Ave R404.2 The cross slope of the floor or ground surface at the pedestrian signal device exceed 1:48 (2%). 3.5% 11B-302.1 Clear Floor Space Modify or repave the ground surface as necessary to provide slope (s) not exceeding the required 1:48 (2%) maximum in any direction. ENE Provide 2" wide color coding with 1" wide dark borders located directly above control button. Provide an tactile arrow aligned parallel to the crosswalk direction on the sign. Provide voice or tone audible indication of the WALK interval at the pedestrian signal device. Provide a vibrotactile signal device that is integrated with the pedestrian pushbutton. Provide a button locator tone. 4.3.7 302.1 Accessible Path Clear Floor Space Clear Floor Slope Clear Floor X Slope Button Ht. Button Reach Button Pressure Visual Contrast Button Diameter Contrasting Color Bands Audible Walk Indicator Button Locator Tone Tactile Arrow Closed Fist Operation 1.5 3.5 0.0 2.0 1.0 No Yes No No No 48.0 Yes Yes Yes Vibrotactile Feedback No Within 5 ft from crosswalk 1.5 - 6.0 ft from curb 10 ft minimum separation Yes Yes >10ft PROWAG: ADAAG: ADA 2010: CBC 2016: (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (%) (%) (in) (in) (in) (lbs) R404.2 The cross slope of the floor or ground surface at the pedestrian signal device exceed 1:48 (2%). 3.2% 11B-302.1 Clear Floor Space Modify or repave the ground surface as necessary to provide slope (s) not exceeding the required 1:48 (2%) maximum in any direction. NNE Provide 2" wide color coding with 1" wide dark borders located directly above control button. Provide an tactile arrow aligned parallel to the crosswalk direction on the sign. Provide voice or tone audible indication of the WALK interval at the pedestrian signal device. Provide a vibrotactile signal device that is integrated with the pedestrian pushbutton. Provide a button locator tone. 4.3.7 302.1 Accessible Path Clear Floor Space Clear Floor Slope Clear Floor X Slope Button Ht. Button Reach Button Diameter Button Pressure Closed Fist Operation Visual Contrast Contrasting Color Bands Vibrotactile Feedback Audible Walk Indicator Button Locator Tone Tactile Arrow 2.2 3.2 0.0 2.0 2.0 No Yes No No No 48.0 Yes Yes Yes No Within 5 ft from crosswalk 1.5 - 6.0 ft from curb 10 ft minimum separation Yes Yes >10ft PROWAG: ADAAG: ADA 2010: CBC 2016: (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (%) (%) (in) (in) (in) (lbs) Codes / Mitigation InfoOrientation Measurements Intersection North East Corner EXHIBIT B - Special Provisions - Attachment A City of Vernon - 2020 ADA Transition Plan S Santa Fe Ave Codes / Mitigation InfoOrientation Measurements R404.2 The slope of the floor or ground surface at the pedestrian signal device exceed 1:48 (2%). 4.6% 11B-305.1 Clear Floor Space Modify or repave the ground surface as necessary to provide slope (s) not exceeding the required 1:48 (2%) maximum in any direction. ESE Provide 2" wide color coding with 1" wide dark borders located directly above control button. Provide push button which contrasts with surrounding housing. Provide an tactile arrow aligned parallel to the crosswalk direction on the sign. Provide voice or tone audible indication of the WALK interval at the pedestrian signal device. Provide a vibrotactile signal device that is integrated with the pedestrian pushbutton. Provide 2" diameter push button. Provide a button locator tone. Provide new push button and housing to allow for closed fist operation. 4.3.7 305.1 Accessible Path Clear Floor Space Clear Floor Slope Clear Floor X Slope Button Ht. Button Reach Button Diameter Button Pressure Closed Fist Operation Visual Contrast Contrasting Color Bands Vibrotactile Feedback Audible Walk Indicator Button Locator Tone Tactile Arrow 0.0 0.5 1.0 No No No No No No No Within 5 ft from crosswalk 1.5 - 6.0 ft from curb 10 ft minimum separation Yes Yes >10ft PROWAG: ADAAG: ADA 2010: CBC 2016: (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (%) (%) (in) (in) (in) (lbs) 2.2 1.4 48.0 Yes Yes Codes / Mitigation InfoOrientation Measurements R404.2 The slope of the floor or ground surface at the pedestrian signal device exceed 1:48 (2%). 5.7% 11B-305.1 Clear Floor Space Modify or repave the ground surface as necessary to provide slope (s) not exceeding the required 1:48 (2%) maximum in any direction. SSE Provide 2" wide color coding with 1" wide dark borders located directly above control button. Provide push button which contrasts with surrounding housing. Provide an tactile arrow aligned parallel to the crosswalk direction on the sign. Provide voice or tone audible indication of the WALK interval at the pedestrian signal device. Provide a vibrotactile signal device that is integrated with the pedestrian pushbutton. Provide a button locator tone. 4.3.7 305.1 Accessible Path Clear Floor Space Clear Floor Slope Clear Floor X Slope Button Ht. Button Reach Button Diameter Button Pressure Closed Fist Operation Visual Contrast Contrasting Color Bands Vibrotactile Feedback Audible Walk Indicator Button Locator Tone Tactile Arrow 5.7 0.2 0.0 2.0 1.0 No No No No No 48.0 Yes Yes Yes No Within 5 ft from crosswalk 1.5 - 6.0 ft from curb 10 ft minimum separation Yes Yes >10ft PROWAG: ADAAG: ADA 2010: CBC 2016: (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (%) (%) (in) (in) (in) (lbs) Intersection South East Corner Intersection South East Corner EXHIBIT B - Special Provisions - Attachment A City of Vernon - 2020 ADA Transition Plan S Santa Fe Ave R404.2 The cross slope of the floor or ground surface at the pedestrian signal device exceed 1:48 (2%). 3.8% 11B-302.1 Clear Floor Space Modify or repave the ground surface as necessary to provide slope (s) not exceeding the required 1:48 (2%) maximum in any direction. SSW Provide 2" wide color coding with 1" wide dark borders located directly above control button. Provide an tactile arrow aligned parallel to the crosswalk direction on the sign. Provide voice or tone audible indication of the WALK interval at the pedestrian signal device. Provide a vibrotactile signal device that is integrated with the pedestrian pushbutton. Provide a button locator tone. 4.3.7 302.1 Accessible Path Clear Floor Space Clear Floor Slope Clear Floor X Slope Button Ht. Button Reach Button Pressure Visual Contrast Button Diameter Contrasting Color Bands Audible Walk Indicator Button Locator Tone Tactile Arrow Closed Fist Operation 2.1 3.8 0.0 2.0 1.0 No Yes No No No 48.0 Yes Yes Yes Vibrotactile Feedback No Within 5 ft from crosswalk 1.5 - 6.0 ft from curb 10 ft minimum separation Yes Yes >10ft PROWAG: ADAAG: ADA 2010: CBC 2016: (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (%) (%) (in) (in) (in) (lbs) Codes / Mitigation InfoOrientation Measurements R404.2 The cross slope of the floor or ground surface at the pedestrian signal device exceed 1:48 (2%). 4.9% 11B-302.1 Clear Floor Space Modify or repave the ground surface as necessary to provide slope (s) not exceeding the required 1:48 (2%) maximum in any direction. WSW Provide 2" wide color coding with 1" wide dark borders located directly above control button. Provide an tactile arrow aligned parallel to the crosswalk direction on the sign. Provide voice or tone audible indication of the WALK interval at the pedestrian signal device. Provide a vibrotactile signal device that is integrated with the pedestrian pushbutton. Provide a button locator tone. 4.3.7 302.1 Accessible Path Clear Floor Space Clear Floor Slope Clear Floor X Slope Button Ht. Button Reach Button Diameter Button Pressure Closed Fist Operation Visual Contrast Contrasting Color Bands Vibrotactile Feedback Audible Walk Indicator Button Locator Tone Tactile Arrow 4.4 4.9 0.0 2.0 1.0 No Yes No No No 47.0 Yes Yes Yes No Within 5 ft from crosswalk 1.5 - 6.0 ft from curb 10 ft minimum separation Yes Yes >10ft PROWAG: ADAAG: ADA 2010: CBC 2016: (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (%) (%) (in) (in) (in) (lbs) Codes / Mitigation InfoOrientation Measurements Intersection South West Corner Intersection South West Corner EXHIBIT B - Special Provisions - Attachment A City of Vernon - 2020 ADA Transition Plan S Santa Fe Ave R404.2 The cross slope of the floor or ground surface at the pedestrian signal device exceed 1:48 (2%). 2.1% 11B-302.1 Clear Floor Space Modify or repave the ground surface as necessary to provide slope (s) not exceeding the required 1:48 (2%) maximum in any direction. WNW Provide 2" wide color coding with 1" wide dark borders located directly above control button. Provide an tactile arrow aligned parallel to the crosswalk direction on the sign. Provide voice or tone audible indication of the WALK interval at the pedestrian signal device. Provide a vibrotactile signal device that is integrated with the pedestrian pushbutton. Provide a button locator tone. 4.3.7 302.1 Accessible Path Clear Floor Space Clear Floor Slope Clear Floor X Slope Button Ht. Button Reach Button Pressure Visual Contrast Button Diameter Contrasting Color Bands Audible Walk Indicator Button Locator Tone Tactile Arrow Closed Fist Operation 1.5 2.1 0.0 2.0 1.0 No Yes No No No 48.0 Yes Yes Yes Vibrotactile Feedback No Within 5 ft from crosswalk 1.5 - 6.0 ft from curb 10 ft minimum separation Yes Yes >10ft PROWAG: ADAAG: ADA 2010: CBC 2016: (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (%) (%) (in) (in) (in) (lbs) Codes / Mitigation InfoOrientation Measurements Codes / Mitigation InfoOrientation Measurements 4.6 0.3 46.5 Yes Yes R404.2 The slope of the floor or ground surface at the pedestrian signal device exceed 1:48 (2%). 2.2% 11B-305.1 Clear Floor Space Modify or repave the ground surface as necessary to provide slope (s) not exceeding the required 1:48 (2%) maximum in any direction. NNW Provide 2" wide color coding with 1" wide dark borders located directly above control button. Provide an tactile arrow aligned parallel to the crosswalk direction on the sign. Provide voice or tone audible indication of the WALK interval at the pedestrian signal device. Provide a vibrotactile signal device that is integrated with the pedestrian pushbutton. Provide a button locator tone. 4.3.7 305.1 Accessible Path Clear Floor Space Clear Floor Slope Clear Floor X Slope Button Ht. Button Reach Button Diameter Button Pressure Closed Fist Operation Visual Contrast Contrasting Color Bands Vibrotactile Feedback Audible Walk Indicator Button Locator Tone Tactile Arrow 0.0 2.0 1.0 No Yes No No No Yes No Within 5 ft from crosswalk 1.5 - 6.0 ft from curb 10 ft minimum separation Yes Yes >10ft PROWAG: ADAAG: ADA 2010: CBC 2016: (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (y/n) (%) (%) (in) (in) (in) (lbs) Intersection North West Corner Intersection North West Corner EXHIBIT B - Special Provisions - Attachment A EXHIBIT B - Special Provisions - Attachment A City of Vernon - 2020 ADA Transition Plan E Vernon Ave Codes / Mitigation InfoExisting Access Barrier and Proposed Solution On Street Orientation Measurements At Street E VERNON AVE S SANTA FE AVE R308.1.1.2PROWAG Bus Stop boarding area has a run slope greater than 1:48 (2%) and does not comply with the requirements for sidewalks. 2.2% Bus Boarding Area Slope Demolish existing and provide new bus stop boarding area sidewalk section not exceeding the 1:48 (2%) maximum required run slope and a cross slope that is less than the street grade. N Accessible Path Street Grade Slope X Slope Width Length Provided Clear Floor Slope Slip-Resistant Surface Clear Floor X Slope Provided Clear Floor Space 2.2 1.0 96 Yes Yes 0.7 2.1 Yes 90 Yes 0.4 Yes 10.2.1(1); 4.3.7 810.2.4 Boarding Area Shelter (y/n) (%) (in) (%) (%) (in) (y/n) (y/n) (y/n) (%) (%) (y/n) 11B-810.2.4 Seat 17-19" High, 48" Long Seat 20 - 24" Deep Back Support 2" High Max, 2-1/2" Wide Max (y/n) (y/n) (y/n) Yes No No Bench Brochure Height N/A(in) Panel Opening Height N/A(in) Font Height 2.0(in) General Provided Yes(y/n) Provided N/A(y/n) Push Button 1121B.2.1 EXHIBIT B - Special Provisions - Attachment A City of Vernon- 2020 ADA Transition Plan Pacific Blvd Codes / Mitigation InfoExisting Access Barrier and Proposed Solution On Street Orientation Measurements At Street PACIFIC BLVD S SANTA FE AVE R308.2PROWAG Bus shelter does not comply with the allowed maximum cross slope of 1:48 (2%). 2.2% Bus Shelter Slope Demolish existing and provide new shelter area not exceeding the required 1:48 (2%) maximum cross slope or run slope. N Accessible Path Street Grade Slope X Slope Width Length Provided Clear Floor Slope Slip-Resistant Surface Clear Floor X Slope Provided Clear Floor Space 0.8 1.4 96 Yes Yes 2.2 1.9 Yes 90 Yes 0.4 Yes 10.2.1(2); 4.3.7 810.3 Boarding Area Shelter (y/n) (%) (in) (%) (%) (in) (y/n) (y/n) (y/n) (%) (%) (y/n) 11B-810.3 Seat 17-19" High, 48" Long Seat 20 - 24" Deep Back Support 2" High Max, 2-1/2" Wide Max (y/n) (y/n) (y/n) Yes No No Bench Brochure Height N/A(in) Panel Opening Height N/A(in) Font Height 2.0(in) General Provided Yes(y/n) Provided N/A(y/n) Push Button 1121B.2.1 EXHIBIT B - Special Provisions - Attachment A City of Vernon- 2020 ADA Transition Plan Pacific Blvd R308.1.1.2PROWAG Bus Stop boarding area has a run slope greater than 1:48 (2%) and does not comply with the requirements for sidewalks. 3.3% Bus Boarding Area Slope Demolish existing and provide new bus stop boarding area sidewalk section not exceeding the 1:48 (2%) maximum required run slope and a cross slope that is less than the street grade. S Accessible Path Street Grade Slope X Slope Width Length Provided Clear Floor Slope Slip-Resistant Surface Clear Floor X Slope Provided Clear Floor Space 3.3 1.4 96 Yes Yes 0.5 4.3 Yes 90 Yes 2.6 Yes 10.2.1(1); 4.3.7 810.2.4 Boarding Area Shelter (y/n) (%) (in) (%) (%) (in) (y/n) (y/n) (y/n) (%) (%) (y/n) 11B-810.2.4 Seat 17-19" High, 48" Long Seat 20 - 24" Deep Back Support 2" High Max, 2-1/2" Wide Max (y/n) (y/n) (y/n) Yes No No Bench Brochure Height N/A(in) Panel Opening Height N/A(in) Font Height 2.0(in) General Provided Yes(y/n) Provided N/A(y/n) Push Button 1121B.2.1 Codes / Mitigation InfoExisting Access Barrier On Street Orientation Measurements At Street PACIFIC BLVD S SANTA FE AVE EXHIBIT B - Special Provisions - Attachment A VERNON STANDARDSSTANDARD SYMBOLSGENERAL CONSTRUCTION NOTES:CITY OF VERNONPUBLIC WORKS DEPARTMENTADA IMPROVEMENTS AT THE INTERSECTION OFPACIFIC BLVD./VERNON AVE. & SANTA FE AVE.CONTRACT NO. CS-1349STREET CONSTRUCTION NOTES:LEGENDN. T. SVICINITY MAPOTHER CODES/STANDARDSSCALE:1"=20'ADA IMPROVEMENTS AT THE INTERSECTIONOF PACIFIC BLVD./VERNON AVE.& SANTA FE AVE.11SANTA FE AVE.PACIFIC BLVD. E. VERNON AVE.SANTA FE AVE. Page 126 of 127 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 127 of 127 EXHIBIT D CITY STANDARD PLANS SPECIFIC FOR THIS PROJECT PV 582 STANDARD SIDEWALK, CURB, AND GUTTER REVISIONS V2264 TYPICAL TRENCH PAVING SECTION REVISIONS V2264 TYPICAL TRENCH PAVING SECTION FOR SEWER LATERAL REVISIONS Page 7 of 175 NOTICE INVITING BIDS for ADA Improvements at the Intersection of Pacific Blvd./Vernon Ave. and Santa Fe Ave. in the City of Vernon, California Bids are to be signed and submitted in TRIPLICATE. ONE ORIGINAL AND TWO COPIES of sealed bids must be received prior to 2:00 p.m., June 7, 2021, by the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, (“Bid Deadline”). All bids shall be enclosed in sealed envelopes, distinctly marked “Bid” with the title of the bid and the bidder’s name address appearing on the outside. Bids should be mailed or delivered in person before 2:00 p.m. on the Bid Deadline. LATE SUBMITTALS WILL NOT BE ACCEPTED. Bids must be received in the City Clerk’s Office before that time. Bids will be opened in the City Clerk’s Office at 2:00 p.m., June 7, 2021. At the bid opening, the City Clerk shall open bid packages and acknowledge the receipt of Bids. Once all bid packages are opened and announced, the Bid Forms will be made available for public review. The bids shall be clearly titled. Copies of the Bid Documents, Plans and Specifications are available at no charge at cityofvernon.org/planetbids Pre-Bid Meeting: A pre-bid meeting to answer any questions regarding the project plans and specifications is scheduled for June 3, 2021 at 10:00 am at the north west intersection of Vernon Avenue and Santa Fe Avenue. This meeting is to answer any questions regarding the project plans and specifications. Attendees must adhere to the State and local guidelines regarding COVID-19, including applicable industry guidelines for construction sites. Attendance is not mandatory. City of Vernon Contact Person: Public Works Department Attention: Margarita Beltran Phone: (323) 583-8811 ext. 377 Email: mbeltran@ci.vernon.ca.us Page 8 of 175 Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bidder fails to meet the essential requirements for qualification. General Scope of Work : Contractor shall furnish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The Work in the Bid is defined in the Project Drawings and Specifications and will generally include the following: Contractor shall furnish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The Work in the Bid is defined in the Project Drawings and Specifications and will generally include: This project consists on the construction of new American with Disabilities “ADA” Ramps, new curb and gutter and new sidewalk to comply with the City of Vernon ADA Transition Plan. The work shall be done in accordance with Contract No. CS-1349. In the event of any conflicts, refer to the Procedure of Contract Documents” contained in General Conditions, Section 1.10. Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the essential requirements for qualification. As part of the Bidder’s Statement of Qualifications, each Bid must establish that: Bidder satisfactorily completed at least three (3) prevailing wage public contracts in California; each comparable in scope and scale to this Project, within three (3) years prior to the Bid Deadline and with a dollar value in excess of the Bid submitted for this Project. Other Bidding Information: 1. Contract Time: This Work must be completed within 30 calendar days from the date of commencement as established by the City’s written Notice to Proceed. 2. Amount of Liquidated Damages: $1,500 per calendar day. 3. Required Construction Staging: Not a part of this project. 4. Intermediate Completion Milestones: Not a part of this project. 5. Bidding Documents. Bids must be made on the Proposal Form contained herein. 6. Engineer’s Estimate. An Engineer’s Estimate of the cost of construction of this Work has Page 9 of 175 been prepared. Said estimate is in the range of $95,000 to $100,000. 7. Acceptance or Rejection of Bids. The City reserves the right to reject any and all bids, to award all or any individual part/item of the bid, and to waive any informalities, irregularities or technical defects in such bids and determine the lowest responsible bidder, whichever may be in the best interests of the City. No late bids will be accepted, nor will any oral, facsimile or electronic bids be accepted by the City. 8. Contractor’s License. At the time of the Bid Deadline and at all times during performance of the Work, including full completion of all corrective work during the Correction Period, Contractor must possess a California contractor’s license or licenses, current and active, of the classification required for the Work, in accordance with the provisions of Chapter 9, Division 3, Section 7000 et seq. of the Business and Professions Code. In compliance with Public Contract Code Section 3300, the City has determined that the Bidder must possess the following license(s): Class A, General Engineering Contractor License from the California State License Board. The Bidder will not receive a Contract award if at the time of submitting the bid, the Bidder is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active. If the City discovers at the time of the Bid Deadline that Contractor is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active, the City may reject the Bid, cancel the award, declare the Bid Bond as forfeited, keep the Bid Bond’s proceeds, and exercise any one or more of the remedies in the Contract Documents in addition to those provided by law. 9. Subcontractors’ Licenses and Listing. Bidders must list each Subcontractor whom the Bidder must disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and the Bidder must provide all of the Subcontractor information that Section 4104 requires (name, address, license number, and portion of the Work). An inadvertent error in the license number will not be considered nonresponsive if it is corrected within 24 hours after the bid opening. In addition, the City requires the Bidder to list the dollar value of each Subcontractor’s labor or services. The City reserves the right to review and disqualify any proposed Subcontractor. The City’s disqualification of a Subcontractor does not disqualify a Bidder. In such case, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor— without an adjustment of the Bid Amount. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor’s license must be current and active for the portion of the Work listed and shall hold all specialty certifications required for such Work. 10. Permits, Inspections, Plan Checks, Governmental Approvals, Utility Fees and Similar Authorizations. The City shall apply and pay for all the required Governmental Approvals and Utility Fees. It is the responsibility of the contractor to procure all permits acquired for this project. 11. Bid Forms and Security: Each Bid must be made on the Bid Forms obtainable at the Page 10 of 175 Public Works Department. Each Bid shall be accompanied by a cashier’s check or certified check drawn on a solvent bank, payable to “City of Vernon,” for an amount equal to ten percent (10%) of the total maximum amount of the Bid. Alternatively, a satisfactory corporate surety Bid Bond for an amount equal to ten percent (10%) of the total maximum amount of the Bid may accompany the Bid. Said security shall serve as a guarantee that the successful Bidder will, within fifteen (15) calendar days after the date of the award of the contract, enter into a valid contract with the City for said Work in accordance with the Contract Documents. 12. Bid Irrevocability. Bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 13. Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of securities for withheld funds is permitted in accordance therewith. 14. Prevailing Wages. This Project is a “public work” as defined in California Labor Code Section 1720. Contractor awarded this Contract and all Subcontractors of any tier shall not pay less than the minimum prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Work. The Director of Industrial Relations of the State of California, pursuant to the California Labor Code, and the rates determined by the California Director of Industrial Relations are available online at www.dir.ca.gov/DLSR/PWD/. 15. Payroll Records. Pursuant to SB 854, Contractor and any Subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). 16. Registration with the Department of Industrial Relations (DIR). No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR. Carlos Fandino City Administrator Dated: ___________ (Approved as to form by the City Attorney’s Office) Published: _______ Page 11 of 175 City of Vernon Instructions for Bidders Project: ADA Improvements at the Intersection of Pacific Blvd./Vernon Ave. and Santa Fe Ave. for the Department of Public Works City personnel with whom prospective bidders will deal with are: Margarita Beltran, Associate Engineer, Public Works Department, 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Ext. 377. Bid opening date and time: (June 7, 2021 at 2:00 p.m.) (“Bid Deadline”) Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058 The bid must be received by the City Clerk prior to the time set for bid opening. A bid received by the City Clerk after the time set for the bid opening is a non-responsive bid and shall not be considered. GENERAL BID REQUIREMENTS To be considered, a bidder must strictly follow the format for bids in the specifications. Bids must be binding and firm. Any bids may be withdrawn before bid opening, but bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 1. CONTRACTORS LICENSE The Bidder must possess a valid State of California Contractors License and must list type in the classification(s) specified in the Notice Inviting Bids at the time of the Bid Deadline and at all times during the performance of the Work, except as otherwise provided in California Business and Professions Code Section 7028.15. 2. INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND ADDENDA A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of any part of the Bidding Documents, or who finds discrepancies, errors or omissions therein or who finds variances in any of the Bidding Documents with applicable law, such Bidder shall at once submit a written request for an interpretation or correction thereof to the City’s representative identified in the Notice Inviting Bids, or other designated individual. All Bidders shall submit such written requests to City not less than ten (10) calendar days prior to the Bid Deadline. The person or entity submitting the request shall be responsible for its prompt delivery to City’s Contact Person identified in the Notice Inviting Bids. Page 12 of 175 Any interpretation or correction will be made only by Addendum issued by the City and a copy of such Addendum will be delivered to all Interested Bidders of record. Any Addenda so issued must be acknowledged in the Bid and the cost of performing Work described in the Addenda shall be included in the Bid. Bidder’s failure to acknowledge receipt of all Addenda may result in rejection of the Bid as nonresponsive. No person is authorized to render an oral interpretation or correction of any Bidding Documents and no Bidder may rely on any such oral interpretation or correction issued by the City. The City shall not be responsible for any other explanation or interpretation of the Drawings or Specifications, or for any oral instructions. City reserves the right to extend the Bid Deadline by issuing an Addendum to Interested Bidders no later than 72 hours prior to the Bid Deadline. Bidders shall use complete sets of Bidding Documents in preparing Bids; City shall not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. B. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued and the Bidder shall acknowledge their receipt in the Bid. 3. OBTAINING DRAWINGS AND DOCUMENTS Bidder may secure Bidding Documents only from the location specified in the Notice Inviting Bids. City will maintain a list of persons who obtained a copy of these Specifications (“Interested Bidders”). Only Interested Bidders will receive Addenda, if so issued. 4. BID FORMS – SUBMITTAL A. The Bids shall be made on the forms provided herein with all blank spaces properly filled in. B. The phraseology shall not be changed, and no additions shall be made to the items mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions attached to a Bid will render it informal and may cause its rejection. All forms requiring specific information shall be completed with all applicable information for a Bid to be considered responsive. C. Include all Bid Forms, properly executed, and intact on forms provided. Enclose the Bid Forms in a sealed envelope; type or print on the envelope "BIDS for" followed by the title and Specification Number and the date and time of the Bid Deadline, and the Bidder's name and address. The envelope may be mailed, hand delivered, or delivered by courier or package delivery service. D. One Original Bid and two copies shall be hand delivered, delivered by courier or package delivery service to the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058. Page 13 of 175 E. Bids received after the Bid Deadline or at any place other than the Office of the City Clerk will not be considered. 5. BID FORMS – AUTHORIZED SIGNATURES A. The full name, business address, zip code, and business telephone number, with area code of the individual, partnership, joint venture, or corporation submitting the Bid shall be typewritten or legibly printed on the Bid Forms. The Bidder shall sign the form with his/her usual wet ink signature. B. Sole Proprietorship: An individual shall sign. C. Partnership (General or Limited): A partner shall sign for a partnership; the partner shall give the names and addresses of all partners. D. Corporation: An officer shall sign for a corporation. The corporate name must be attested by the corporate seal. The names and titles of the president and all officers of the corporation who are authorized to sign the Bid Forms must be listed in an authenticated Incumbency Certificate signed by the corporate secretary. A signature other than a corporate officer’s will be accepted only if an authenticated Incumbency Certificate is attached. E. Joint Venture: Bidders shall use the appropriate section(s) listed above in B-D, based on their applicable situation. 6. BID FORMS – SCHEDULE OF BID PRICES A. The Bidder shall include in his/her Bid price(s) any and all expense or costs that may be necessary to complete the project in accordance with the requirements of the Contract. The cost of all mobilization, preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the various project sites must be included in the various bid items, and no extra compensation will be paid to Contractor. B. The Bidder shall state for each item on the Schedule of Bid Prices form, in clearly legible figures, the Base Bid, the alternates, and the unit price and item total or lump sum, as the case may be, for which he/she proposes to supply labor, materials, and equipment and to perform the Work. Bids must not contain any erasures, interlineations, strike-throughs or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure or correction the initials of the person(s) signing the Bid. If any Bid, or portion thereof, is determined by the City to be illegible, ambiguous or inconsistent, City may reject such a Bid as being non-responsive. C. In the case of a unit price item, the amount set forth, as the item total shall be the product of the estimated quantity times the unit price Bid. In the event of a Page 14 of 175 discrepancy between the unit price Bid and the item total, the unit price shall prevail; however, if the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. D. All requested Alternates, if any, shall be Bid. See the Schedule of Bid Prices for more information and the list of Bid Alternates, if any. If no change in the Base Bid is required, enter “No Change.” 7. BID SECURITY A. Each Bid shall be accompanied by cash or a cashier’s check or a certified check, drawn on a responsible bank doing business in the United States payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as a principal and a California admitted surety company (as defined by California Code of Civil Procedure §§995.120 and 995.311) as surety (“Bid Security”). B. All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of “A:VII” or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. C. Bid Security shall be in an amount not less than 10% of the Base Bid. Any Bid submitted without Bid Security will be rejected as non-responsive. The Bid Security shall be given as a guarantee that the successful Bidder will execute the Contract and will provide the insurance, bonds and other required forms within fourteen (14) calendar days after award of the Contract. Bidders will be entitled to return of Bid Security except when a successful Bidder forfeits its Bid Security. A forfeit may occur, for example, if the successful Bidder withdraws its Bid prior to the expiration of ninety (90) calendar days after award of the Contract; attempts to withdraw its Bid when the requirements of Public Contract Code § 5101 et seq. are not met; or refuses or fails to execute the Contract and provide the required bonds, insurance or certificates within fourteen (14) calendar days after award of the Contract. In any one or more of these events, if City awards the Contract for the Work to the next lowest responsible Bidder, the amount of the original lowest Bidder’s security shall be applied to the Contract Price differential between the Page 15 of 175 lowest Bid and the second lowest Bid. Any surplus will be returned to the original lowest Bidder. If the City rejects all other Bids presented and re-advertises, the lowest Bidder’s Bid Security may be used to offset the City’s cost of re-advertising and receiving new Bids. In that case, the surplus if any, will be returned to the original lowest Bidder. D. The Bid Security shall be held for ninety (90) calendar days after the award of the Contract or until posting by the successful Bidder of the payment and performance bonds, proof of insurance, return of executed copies of the Contract and necessary certification(s), whichever first occurs, after which time the Bid Security will be returned to all Bidders. E. If a Bid Bond is to be submitted, Bidder shall use the form entitled "Bid Bond" contained in the Bidding Documents, which Bid Bond shall be properly executed and acknowledged by the Bidder and by a corporate surety authorized to transact such business in the State of California. F. Any alteration of said form of Bid Bond, or imperfection in the execution thereof, as herein required, will render it informal and may, at the option of the City, result in the rejection of the Bid under which the Bid Bond is submitted. 8. BIDDER'S AND SPECIALTY CONTRACTORS’ STATEMENTS OF QUALIFICATIONS A. Each Bidder shall be required to complete, execute and submit with its Bid, the form entitled "Bidder's Statement of Qualifications." Notwithstanding the provisions of Paragraph 22 herein, the Bidder’s Statement of Qualifications shall not be public records. All information required by a Bidder’s or Specialty Contractor Statement of Qualifications shall be completely and fully provided. If no information is to be filled in a blank space, then write "none." Any Bid not accompanied by a Bidder’s Statement of Qualifications form completed with all information required may render the Bid non-responsive. If the City determines that any information provided by a Bidder in the Bidder’s Statement of Qualifications is false or misleading, or is incomplete so as to be false or misleading, the City may reject the Bid submitted by such Bidder as being non- responsive. B. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the contract documents. In selecting the lowest responsible Bidder, consideration will be given not only to the Bidder’s financial standing but also to the general competency of the Bidder for the performance of the work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public buildings for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder’s experience with similar types of construction projects and facilities, conduct and performance under other Page 16 of 175 contracts, financial condition, reputation in the industry, and other factors which could affect the Bidder’s performance of the work. 9. DESIGNATION OF SUBCONTRACTORS A. Subcontractor Listing. On the Designation of Subcontractors form, the Bidder shall list each Subcontractor whom the Bidder must disclose under the Subletting and Subcontracting Fair Practice Act, Public Contract Code Section 4104. The Bidder shall provide: each Subcontractor’s name, the trade and type of work that the Subcontractor will perform, the location (address) of the Subcontractor’s place of business, each Subcontractor’s license number, and the dollar value of each Subcontractor’s labor or services. If additive Alternate Bid Items are included in the Bidding Documents, the Bidder shall identify each Subcontractor performing additive Alternate Bid Items, when such Work or the combination of base Contract Work and Alternate Work exceeds one-half of one percent of the total Bid Amount. B. Subcontractors’ Licenses. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor shall possess a current and active California Contractor’s license appropriate for the portion of the Work listed for such Subcontractor, and hold all specialty certifications required for such Work. C. Disqualification of a Subcontractor. The City has the right to review the suitability and qualifications of any Subcontractor proposed by the Bidder. As part of this review, the City may request a Bidder to submit additional information about one or more of the listed Subcontractors including, but not limited to a statement detailing the Subcontractor’s experience with pertinent information as to similar projects and other evidence of the Subcontractor’s qualifications. If requested, the Bidder shall provide the information to the City within the time specified in the City’s written request. After due investigation, if the City has a reasonable objection to any proposed Subcontractor, the City may, before giving the notice of award, require the apparent successful Bidder to submit an acceptable substitute. The City’s disqualification of a Subcontractor does not disqualify a Bidder. However, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor without an adjustment of the Bid Price. D. Work of Subcontractors. The organization or arrangement of the Specifications and Drawings do not limit the extent of the Work for the Contract Documents. Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings and other Contract Documents to all persons or entities submitting sub- bids to the Bidder. The omission of any portion or item of Work from the Bid or from sub-bids, which is reasonably inferable from the Contract Documents, will not be a basis for adjustment of the Contract Price or the Contract Time. E. Ineligible Subcontractors. The successful Bidder is prohibited from performing Work on the Project with any Subcontractor who is ineligible to perform work on a public works project pursuant to California Labor Code Sections 1777.1 or Page 17 of 175 1777.7. In submitting its Bid, the Bidder certifies that it has investigated the eligibility of each and every listed Subcontractor and has determined that none is ineligible to perform work pursuant to the above code provisions. 10. CONTRACTOR’S AFFIDAVIT OF NON-COLLUSION An Affidavit of Non-Collusion in the form provided by the City shall be signed under penalty of perjury, certifying that the Bid is not the result of and has not been influenced by collusion. Bidder shall submit this form with its Bid. Any Bid made without such affidavit, or believed to be made in violation of the requirements set forth in the affidavit form, may be rejected. 11. INSURANCE REQUIREMENTS The Bidder shall submit to its insurance company or insurance agent the Insurance Requirements in this Specification and the Contract Documents. The insurance company’s underwriter or agent must complete the Insurance Requirements documentation which states that the insurer’s underwriter or agent will furnish the City with the required insurance documents within fourteen (14) days after the Bidder’s having been notified of the Contract’s award. The Bidder shall submit this form with its Bid. Any Bid made without this statement, or made with an incomplete statement, may be rejected. 12. EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK A. The Bidder shall examine carefully the site of the Work contemplated and the Drawings and Specifications. The submission of a Bid will be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of Work to be performed and materials to be furnished, the difficulties to be encountered, and to the requirements of the Drawings, Specifications, and other Contract Documents. The Bidder shall ascertain the locations of the existing utility services, and other underground facilities, and provide for carrying out its operations so as to cause the minimum possible inconvenience to the occupants of properties along any streets affected. All Work and costs involved in the safeguarding of the properties of others shall be at the expense of the Bidder to whom the Contract may be awarded. B. The Bidder hereby certifies that it has examined the local conditions, has read each and every clause of the Contract Documents, and that it has included all costs necessary to complete the specified Work in its Bid prices, and the Bidder agrees that if it is awarded the Contract, it will make no claim against the City based upon ignorance of local conditions or misunderstanding of any of the provisions of the Contract. Should the conditions turn out otherwise than the Bidder anticipated, the Bidder agrees to assume all risks incident thereto. 13. PRICES AND PAYMENTS Approximate quantities listed in the Schedule of Bid Prices are estimates given for Page 18 of 175 comparing Bids, and no claim shall be made against the City for excess or deficiency therein, actual or relative. Payment at the prices agreed upon will be in full for the completed Work and will cover materials, supplies, labor, tools, equipment, and all other expenditures incident to a satisfactory compliance with the Contract, subject to all applicable provisions in the Contract and General Conditions. 14. PERMIT FEES (Optional) If provided in the General Conditions, Contractor shall be reimbursed for the actual direct cost of all Permit Fees, as defined in Paragraph 1.01 and addressed in 1.03 of the General Conditions. Bidder shall exclude the cost of Permit Fees from Bidder’s Base Bid sum; Base Bid sum shall include the cost of administration and coordination for all Governmental Approvals and Utility Fees. 15. SUBSTITUTIONS No requests for substitution of any material, device, product, equipment, fixture, form, or type of construction shall be considered by City prior to award of the Contract. Bidders shall submit all requests for substitution and substantiating data, within fifteen (15) calendar days from the date of the Notice to Proceed. Bidder shall refer to the appropriate provisions of the General Conditions for additional information regarding substitutions. Authorization of a substitution is solely within the discretion of the City. 16. RETURN OF IMPROPER BIDS Bids submitted after the Bid Deadline are non-responsive and shall be returned to the Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted Bids shall not be considered unless the Notice Inviting Bids expressly permits such means of transmittal. 17. WITHDRAWAL OF BIDS Bidder may withdraw its Bid either personally or by written request any time prior to the scheduled Bid Deadline by notice to the City’s Contact Person designated in the Notice Inviting Bids. If such notice is written, it shall be signed by the Bidder and shall be date- stamped and time-stamped by the City upon receipt. Withdrawn Bids may be resubmitted before the Bid Deadline provided that they are in full conformance with these Instructions to Bidders. Once submitted, all Bids are irrevocable, except as otherwise provided by law. Requests for withdrawal of Bids after the Bid Deadline shall be made only in accordance with California Public Contract Code § 5100, et seq. Bidder agrees by submitting a Bid that such Bid shall remain open, is irrevocable, and may not be modified, withdrawn, or cancelled for a period of ninety (90) days after award of the Contract. 18. OPENING AND EVALUATION OF BIDS A. Bid Opening and Tabulation. The Bids shall be opened and read in public after the Bid Deadline has expired at the time and location listed in the Notice Inviting Bids. A tabulation of all Bids received will be available for public inspection at the Page 19 of 175 Office of the Public Works Department, 4305 Santa Fe Avenue, Vernon, CA 90058 during regular business hours for a period of not less than thirty (30) calendar days following the Bid Deadline. The City reserves the right to accept or reject any or all Bids and be the sole judge regarding the suitability of the products, services or supplies offered; and/or to waive any irregularities or informalities in any Bids or in the bidding process. The City further reserves the right to purchase all or fewer than all items or quantities of each item listed in the Bidding Documents. The award of the Contract, if made by the City, shall be to the lowest responsive and responsible Bidder. If Bid Alternate Items are called for, the lowest Bid shall be determined according to Paragraph 20 below. B. Evaluation of Bids. 1. Mandatory Qualifications. A Bid shall be rejected as non-responsive if the Bidder fails to document in the Bid that Bidder meets the essential requirements for qualification described in the Notice Inviting Bids. As part of the Bidder’s Statement of Qualifications each Bidder must establish that it, as the current entity: (1) has successfully completed at least three (3) similar projects involving similar work within the last three (3) years with a cost equal to or in excess of the Bidder’s Bid; and (2) has successfully completed at least three (3) public works projects. 2. Responsive Bid. A responsive Bid is a Bid which conforms, in all material respects, to the Bidding Requirements and Contract Documents. 3. Responsible Bidder. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the Contract Documents. 4. Competency of Bidders. In selecting the lowest responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of the Bidder for the performance of the Work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public works for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder’s experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, safety record and protocols and other factors which could affect the Bidder’s performance of the Work. 19. AWARD OF CONTRACT The City reserves the right to reject any or all Bids and to waive any or all information or Page 20 of 175 technical defects, as the interest of the City may require. Award of Contract or rejection of Bids will be made by the City within ninety (90) calendar days following the Bid Opening. 20. BASIS OF AWARD A. A Contract will be awarded to the lowest responsive and responsible Bidder meeting all requirements set forth in these Bidding Documents. The City will award the Contract based on the lowest total of the bid prices on the base bid and those additive or deductive items that when taken in order from a specifically identified list of those items in the Bid Form and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by the City before the first bid is opened. B. City reserves the right in its sole discretion to select any, all, or none of the Bid Alternates at the time of award of the Contract, regardless of whether such Bid Alternates were used in the analysis to determine the lowest Bid. 21. EXECUTION OF CONTRACT Within fourteen (14) calendar days after being notified by City that it has been awarded the Contract, Contractor shall deliver to the City the following documents: A. Two (2) copies of the Contract in the form included herein, properly executed by Contractor and, if Contractor is a corporation, evidence of its corporate existence and that the persons signing the Contract are authorized to do so. All signatures must be notarized. B. Properly executed copies of the (a) Performance Bond (b) Labor and Material (Payment) Bond and (c) Maintenance Bond in accordance with the requirements set forth in Article 13 of the General Conditions and in the form shown on Exhibits 1, 2 and 3 attached thereto. All signatures must be notarized. C. Properly executed policies of all of the following: (a) the Commercial General Liability Insurance, (b) the Automotive Liability Insurance, and (c) Professional Liability, if required, and (e) the corresponding endorsements for each policy in accordance with the requirements set forth in Article 12 of the General Conditions. In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for the State of California, or on days when City Hall is closed, the aforesaid documents shall be delivered by the following working day. After receipt of said documents within said time period or any extension thereof granted by the City, the City shall execute the Contract and return one (1) of said two (2) copies to Page 21 of 175 Contractor for its files. 22. PUBLIC RECORDS City seeks to conduct its business openly. Except as set forth in paragraph 8.A., upon opening, all Bids shall become a matter of public record and shall be regarded as public, with the exception of those elements of each Bid that are identified by the Bidder and plainly marked as “trade secret,” “confidential,” or “proprietary,” including any Statement of Qualifications and financial statements to be submitted by Bidders. Each element of a Bid which a Bidder desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents, or other, non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If City receives a request from a third party to make a Bid available for inspection and copying, the City will notify the Bidder of the request. If a Bidder instructs the City that the information is not to be released, City will withhold the information, provided, the Bidder expeditiously seeks a protective order from a court of competent jurisdiction to prevent such release. If disclosure is required under the California Public Records Act or otherwise by law (despite the Bidder’s request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof. Bidder shall indemnify, defend (including Bidder’s providing and paying for legal counsel for City), and hold harmless City, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, costs, or expenses arising out of or alleging City’s refusal to publicly disclose one or more records that Bidder identifies as protectable, or asserts is protectable. 23. PREVAILING WAGE RATES AND EMPLOYMENT OF APPRENTICES A. Prevailing Wage Rates. The Bidder and all Subcontractors shall utilize the relevant prevailing wage rate determinations in effect on the first advertisement date of the Notice Calling for Bids in preparing the Bid Proposal and all component price quotations, provided, however, that when Davis Bacon wage rates apply, such rates are subject to increase by written notice, issued by Addendum not less than 10 calendar days before the Bid Deadline. Pursuant to California Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California and the United States Secretary of Labor have determined the general prevailing wage rates in the locality in which the Work is to be performed. Said rate schedules are available on the Internet at www.dir.ca.gov/DLSR/PWD/. The wage rate for any classification not listed, but which may be required to execute the Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. To comply with California Labor Code Section 1773.2, Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall also comply with the requirements of California Labor Code Sections 1773 et seq. Page 22 of 175 B. Apprenticeship Committee Contract Award Information. Pursuant to California Labor Code § 1777.5 and Title 8 of the California Code of Regulations § 230, Contractor and Subcontractors of any tier who are not already approved to train by an apprenticeship program sponsor shall, within ten (10) calendar days of signing C. the Contract or subcontract, as applicable, but in any event prior to the first day in which Contractor or Subcontractor has workers employed on the Project, submit the Public Works Contract Award Information form (DAS Form 140) to the appropriate local apprenticeship committees whose geographic area of operation include the area of the Project and who can supply apprentices to the Project. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. 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) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. E. Notice to Subcontractors. Bidders shall notify all potential Subcontractors submitting price quotations for portions of the Work of the requirements concerning payment of prevailing wage rates, payroll records, hours of Work, and employment of apprentices. 24. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR. 25. SPECIAL CITY REQUIREMENTS Special City forms and their instructions are an integral part of these specifications and failure to submit same may be grounds, in the sole discretion of the City, for rejection of any Bidder. Page 23 of 175 A. Prevailing Wage Where Applicable. Upon request, certified payroll documents shall be provided to the City. B. Equal Employment Opportunity in Contracting. The City of Vernon is committed to a policy of equal opportunity in contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. Contractors expressly agree to comply with the City's ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting the Contract. Contractor certifies and represents that during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their age not discriminated against because of their race, religion, religious belief, color, national origin, citizenship, ancestry, disability, sex, age, medical condition, pregnancy, sexual orientation or marital status. Contractor certifies that it will not maintain any segregated facilities. Contractor shall comply with all applicable Federal and California laws including, but not limited to, the California Fair Employment and Housing Act (California Government Code Section 12900, et seq.), California Labor Code Section 1735, and The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). Contractor shall require like compliance by all Subcontractors employed on the Work. 26. BID PROTEST PROCEDURES A. Any Bidder submitting a Bid directly to the City and eligible for award of the Contract may file a protest if the Bidder complies with all of the following requirements and conditions: 1. The Bid protest is in writing; 2. A protest based upon alleged defects or improprieties in the Contract Documents is filed with the City prior to the Bid Deadline; 3. All other protests are to be filed and received by the City no more than five (5) calendar days following the City’s notice of intent to award the Contract; and 4. The written Bid protest sets forth, in detail, all grounds for the Bid protest, including without limitation: all facts, supporting documentation, legal authorities, and argument in support of the grounds for the Bid protest. All factual contentions must be supported by competent, admissible, and credible evidence. Page 24 of 175 B. Any matters not set forth in the written Bid protest will be deemed waived. Any Bid protest not conforming to the foregoing requirements and conditions will be rejected by the City as invalid. C. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder’s submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal, state, and local laws. [END OF DOCUMENT] Page 25 of 175 BIDDING FORMS BIDDER'S PROPOSAL The undersigned submits this Bid in response to the Notice Inviting Bids issued by the City to construct the Work of the following Project in accordance with the Contract Documents: PROJECT: ADA Improvements at the Intersection of Pacific BIvd.Nernon Ave. and Santa Fe Ave., Contract No. CS- 1349 A. Enclosed herewith and by this reference incorporated herein and made a part of this Bidder's Bid are the following completed forms: 1. Bidder's Proposal 2. Schedule of Bid Prices 3. Incumbency Certificate 4. Bid Security in the following form (check one): q Cashier's Check ❑Certified Check Bid Bond ❑Cash 5. Bidder's Statement of Qualifications 6. Experience Form 7. Statement of Violations of Federal, State or Local Law, if applicable 8. Specialty Contractor Statement of Qualifications 9. Contractor Safety Questionnaire 10. Designation of Subcontractors 11. Contractor's Affidavit of Non-Collusion 12. Insurance Requirements Affidavit 13. Statement of Disqualification or Debarment 14. Pre-Bid Site Inspection Certification B. Acknowledgment of Addenda. The Bidder shall acknowledge the receipt of all Addenda by attaching a signed copy of all Addenda, and by listing all Addenda received and attached in the space below, If an Addendum or Addenda have been issued by the City and not attached and noted above as being received by the Bidder, the Bid may be rejected, Page 26 of 175 C. Inspection of the Work and Contract Documents. Bidder certifies that it has carefully examined and is fully familiar with all of the provisions of the Bidding Documents and said Bidding Documents contain sufficient detail regarding the Work to be performed; that it has notified City of any errors or omissions in the Bidding Documents and/or any unusual site conditions; and that it has carefully checked all words, prices, and statements in this Bidding Document. Bidder hereby certifies that he/she and his/her Subcontractors have inspected the site and related Drawings and Specifications of Work and fully acquainted themselves with all conditions and matters which may in any way affect the Work, time of completion or the costs thereof. Bidder also certifies he/she has observed the designated Contractor Work areas and access routes, if disclosed or shown, as part of the Work in this Contract. Page 27 of 175 PRE-BID SITE INSPECTION —CERTIFICATION: Persons) who inspected site of the proposed Work for your firm. Name: Luis Morales Title: Estimator Name: Title: Date of Inspection 6/3/21 Date of Inspection D. Bidder agrees that all costs of Work shown in the Bidding Documents, including work reasonably inferable therefrom and necessary thereto, are included in his/her Bid. All Work shown in the Contract Documents for which a specific line item is not provided in the Bidding Form is included in the Bidder's Total Base Bid Price. E, Forfeiture of Bid Security. Bidder further agrees that, in case of his/her default in executing the required Contract and the required bonds, or furnishing the required insurance, the money payable under the Bid Security accompanying this Bid shall be applied by the City towards payment of the damage to the City on account of such default, as provided in the Bidding Documents. F. Period of Irrevocability. Bidder agrees that this Bid shall remain open and shall not be withdrawn for a period of not less than ninety (90) calendar days from the date of award of Contract, or until rejected by the City, whichever period is shorter. G. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder's submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal, state, and local laws. The Bidder declares that neither he/she nor any member of his/her firm or corporation is an officer or employee of the City of Vernon. hereby certify under penalty of perjury under the laws of the State of California that the representations made herein are true and correct. Executed this 3 day of une , 2021, at Corona CA City State Page 28 of 175 Bidder's Proposal Respectfully Submitted NAME OF BIDDER COMPANY NAME: EBS General En~ineerin~, Inc. ADDRESS: 1345 Quarry Street, Ste 101 Corona CA 92879 CONTACT PERSON: Thomas Nanci TELEPHONE NUMBER: 951-279-686 E-MAIL: bids@ebsgeneral.com CALIFORNIA STATE CONTRACTOR'S LICENSE NUMBER: 720016 EXPIRATION DATE: 3/31/22 TAX IDENTIFICATION NO.: 33-0634599 SURETY COMPANY: SureTec Insurance Co All Bid forms must be signed where so indicated by the person or persons duly authorized to sign on behalf of the Bidder. By signing the Bid, the person signing is deemed to represent that he or she has authority to bind the Bidder. Failure to sign the Bidder's Proposal may invalidate the Bid. Page 29 of 175 BIDDER'S PROPOSAL — SIGNATURE(S): Form of Entity of Bidder: Please check the appropriate signature block below and fill in all related information, q Sole Proprietorship: Name: Title: Signature; List all d/b/a's: q Partnership: ❑General Partner ❑Limited Partner Name; Title: Signature: Corporation: State of CA Name: Thom Nanci Signature: q Joint Venture: ❑Corporation ❑Partnership q Individual ❑Other Name: Title: Signature: Name of all Joint Venturers; Corporate Officer Title: President [If the Bidder is a corporation or a limited liability company, enter state or county of incorporation in addition to the business address and include an incumbency certificate executed by a Secretary thereof in the form set forth herein listing each officer with signing authority and his/her corresponding office. If the Bidder is a partnership or joint venturer stating that the respective partner or joint venturer agrees to be held jointly and severally liable for any and all of the duties and obligations of the Bidder under the Bid and under any contract arising therefrom. Attach evidence to the Bid Proposal Form that the individual signing has authority to do so.] Page 30 of 175 ACTION AND RESOLUTION BY THE BOARD OF DIRECTORS OF EBS GENERAL ENGINEERING, INC., A CALIFORi~IA CORPORATION The Board of Directors of EBS General Engineering, Inc. (the "Corporation"), desiring to insure that all the proper and authorized individuals who have corporate authority to bind the Corporation to any and all contracts executed by such authorized individuals have been approved by the Board of Directors of the Corporation (the "Board"), held a meeting on July 26, 2019. The Board, following a review of the foregoing matter and upon motion made and seconded, hereby determines and votes unanimously as follows: BE IT THEREFORE RESOLVED that either Thomas E. Nanci or Joseph D. Nanci, acting alone, in his capacity as an officer of the Corporation, is hereby designated, authorized and empowered to be duly authorized with all the attendant powers and authorization related thereto; to bind, obligate and commit the Corporation to any and all contracts executed by and between the Corporation and any other contracting party. There being no further or pending business before the Board, the meeting was adjourned. BOARD OF DIRECTORS ~ Dated: J~ily 26, 2019 _~ i, Sole Director ATTESTATIQN I, being; the Secretary of the above-referenced Corporation, do hereby certify that the above resolution is the resolution of the Corporation. Dated: July 26, 2019 Jo ,Secretary SCHEDULE OF BID PRICES PROJECT: ADA Improvements at the Intersection of Pacific BIvd.Nemon Ave. and Santa Fe Ave„ Contract No. CS- 1349 BIDDER'S NAME. EBS General En~ineerin~, Inc. :~ :D Pursuant to and incompliance with your Notice Inviting Bids and Contract Documents relating to the Project including all Addenda (attach signed copies), Bidder, having become thoroughly familiar with the terms and conditions of the Contract Documents and with local conditions affecting the performance and the costs of the Work at the place where the Work is to be done, hereby proposes and agrees to fully perform the Work within the time stated in strict accordance with the Contract Documents (including the furnishing of any and all labor, materials, tools, expendable equipment, and utility and transportation services necessary to fully perform the Work and complete it in a workmanlike manner) for the total Base Bid sum of. `~ ~ (o' ~y/-- ~~ 'Jar, ~' ~~e-~. ~~^elY~ -~vi~~ On-~ ~ - Dollars ~~~($ ) Item No. Description Units Quantity Unit Cost Amount ~ , Unclassified excavation -Saw- cut, removal, and disposal of asphalt concrete, agcLregate base CY 75 ~ 2 _, J I ~ ~~ and soil. 2. Construct 3.5-inch thick concrete SF 2,640 ~ y' l~ ~ ~j r sidewalk per City of Vernon Standard Plan No. PV582. Unclassified excavation to be paid b Bid Item No.1 3, Remove and construct accessibility ramp per Caltrans EA 3 ~ ~`~ ~' ~ ~ (~ Standard Plan No. RSP A88A, and City of Vernon ADA Transition Plan. Unclassified excavation to be aid b Bid Item No.1 4, Remove and construct curb and LF 40 /~ ~Qlp ^ ~r gutter per City of Vernon Standard Plan No. PV582. Unclassified excavation to be paid b Bid Item No.1 5, Remove and reconstruct 6" of C2- SF 210 ~ / .~ ~~ ~~ ~~~ PG-70.10 over 6" of CMB. Unclassified excavation to be paid b Bid Item No.1 BID TOTAL $ ~ .~ WRITTEN AMOUNT $ ~~ S~eYI i '~ -KX ~ I ((~S Page 31 of 175 All other work items, labor, materials, tools and incidentals which are not specifically listed in the above bid items, but are necessary to complete the project per specifications, and all other applicable standards and codes are considered to be included in the above bid items, If there is a discrepancy between (1) the "Grand Total" shown immediately above, (2) any of the "total costs" shown in the far right column above, or (3) the individual Unit Price, then the Unit price shall control over the total cost, and the total cost shall control over the total. If, however, the unit price is ambiguous, unintelligible, oruncertain for any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price, Bidder shall exclude the cost of Permit Fees from Bidder's Base Bid sum; Base Bid sum shall include the cost of administration and coordination of Governmental Approvals and Utility Fees, Bidder acknowledges that determination of the lowest Bid will be based on the combined total of the amounts entered below for the Base Bid plus all of the listed Bid Alternate items, and that once the low bid is determined on this basis, the City will be free to select Bid Alternates for inclusion in the Work in any order or combination, or to reject any or all Bid Alternates. ADDITIVE ALTERNATE N0, 1: Item No, Description Units Quantity Unit Cost Amount 1. Installation of Z" wide color coding with 1"wide dark borders located directly above control button per the EA 8 ~ ~ Q~ ~ ~v j ~(~ City of Vernon ADA Transition Plan A endix D: Pedestrian Si nals. 2. Provide and install tactile arrow aligned EA 8 ~ ~ ~ (~ parallel to the crosswalk direction on the super the City of Vernon ADA Transition Plan Appendix D: Pedestrian Si nals. 3, Provide and install a voice or tone EA 8 L/(~~,.SD 3 dZ(~ "" audible indication of the WALK interval at the pedestrian signal device per the City of Vernon ADA Transition Plan A endix D: Pedestrian Si nals, 4. Provide and install a vibrotactile signal EA 8 ~. 3 ~ S ~ S ~) " device that is integrated with the pedestrian pushbutton per the City of Vernon ADA Transition Plan Appendix D: Pedestrian Si nals. 5. Provide a button locator tone per the EA 8 ~ ~ ~`'~ ~s~ ~j ~ U City of Vernon ADA Transition Plan A endix D: ~'edestrian Si nals. 6, Provide and install a 2"diameter push EA 1 ~ U ~ ~ U button and housing per the City of Vernon ADA Transition Plan Appendix D: Pedestrian Si nals. BID TOTAL $ ~ ~ C7 WRITTEN AMOUNT J `/ Page 32 of 175 TOTAL BID AMOUNT (Base Bid Sum plus Additive or Deductive Alternate No(s).1) c Dollars ($ g O - ~ ~. ) L (written dollar amount) (dollar amount) Respectfully sub tted: 1345 Quarry Street, Ste 101 Corona CA 92879 Signature Address President 6/3/21 Title 720n16 License Nur~~~er ~~E~~L - if Bid s by a corporation) Attest Date 3/31/22 Date of Expiration Amount of Certified or Cashier's Check or Bid Bond 10% SureTec Insurance Co Name of Bonding Company Page 33 of 175 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On 6/3/21 Date personally appeared D before me, _ Thomas Nanci Cristina Whitcher, Notary Public Here Insert Name and Title of the Officer Names) of Signers) who proved to me on the basis of satisfactory evidence to be the persons) whose name{s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. ~,..~,y CRISTINA WHRCHER ,~.... ~ Nary Publk - CalHornia r Y` ~ , J~ W • ~., Riverside Count► ,. Commission p 2326305 ~~~~~~~~~~~'`' My Comm. Expires Apr 10, 2024 Place Notary Seal and/or Stamp Above certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r Signature ~~ ~~~~4~ Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity{ies) Claimed by Signers) Signer's Name: o Corporate Officer — Title(s): q Partner — D Limited O General O Individual D Attorney in Fact o Trustee o Guardian or Conservator O Other: Number of Pages: Signer's Name: O Corporate Officer — Title(s): q Partner — q Limited o General q Individual ❑Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: Signer is Representing: n2018 National Notary Association INCUMBENCY CERTIFICATE Print legibly the names and title of the president and all officers of the Company who are authorized to sign the Bid Forms. PRESIDENT'S &OFFICERS' NAME: Thomas Nanci Joseph Nanci TITLE: President Vice President The undersigned hereby certifies to the City of Vernon that he/she is the duly elected and acting Secretary of EBS General En in~g, Inc. (the "Company"), and that, as such, he/she is authorized to execute this Incumbency Certificate on behalf of the Company, and further certifies that the persons named above are the duly elected, qualified and acting officers of the Company, holding on the date hereof, the titles and positions set forth opposite their names and are authorized to sign the Bid Forms, IN WITNESS WHEREOF, the undersigned has executed this Incumbency Certificate this 3 day of ]UIle 20 21 oseph Nanci Secr ~ ' d Se e y's 'nature Bond No.: Premium Amount: $ Bond's Effective Date: Page 34 of 175 Bond# 3-B Premium: Nil BID BOND RECITALS: 1. The City of Vernon, California ("City"), has issued a Notice Inviting Bids for the Work described as follows: Specification No. CS_1349 : ADA Improvements at the Intersection of Pacific in Vernon, CA. ("Project"). BlvdNernon Ave. and Santa Fe Ave. 2. In response to the Notice Inviting Bids, EBS General Engineering, Inc. 1345 Qurry Street, Ste. 101, Corona, CA 92879 PH: 951-279-6869 (Name, address, and telephone of Contractor) ("Principal"), has submitted the accompanying Bid for the Project. 3. Principal is required under the terms of the Specification—and all Bidding Documents referenced in it—to furnish a bond with the Bid. 4. The Specification, including all its amendments and supplements, and Principal's Bid are incorporated into this Bond and made a part of it by this reference. OBLIGATION: THEREFORE, for value received, We, Principal and Suretec Insurance Company 3131 Camino Del Rio N. #1450, San Diego, CA 92108 PH: 619-400-4100 (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 Ten Percent of Amount Bid Dollars (~ ~o°ia ) ("the Bonded Sum"), this amount comprising not less than TEN PERCENT (10°/a) of Principal's Base Bid, in lawful money of the United States of America. The Licensed Agent for Surety is: Culbertson Insurance Services, Inc. 5500 E. Santa Ana Canyon Road, Ste. 201, Anaheim, CA 92807 PH. 714-921-0530 (Name, address, and telephone) . Registered Agent's California Department of Insurance License No. 0644648 THE CONDITION OF THIS BOND'S OBLIGATION IS THAT, if: (1) Principal does not (a) withdraw its Bid for the period specified in the Bidding Documents, or if no period is specified for ninety (90) calendar days after City awards the Contract for the Project, or (b) attempt to withdraw its Bid when the requirements of California Public Contract Code §5101 et seq., or any successor legislation, are not met; or (2) City awards Principal the Contract in response to Principal's Bid, and within the time and manner specified by the Specification or Contract Documents or if no period is specified within fourteen (14) calendar days after the Contracts award, Principal (a) signs and delivers to City the Contract, in accordance with the Bid as accepted, (b) furnishes the required bonds for not only Principal's faithful performance and proper fulfillment of the Contract, but also Principal's payment for labor and materials used in the Project, and (c) furnishes the required insurance, then this obligation becomes null and void. Otherwise, this Bond remains in full force and effect, and the following terms and conditions apply to this Bond: 1. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's guaranteeing that upon City's awarding the Contract to Principal, the Principal will enter into the Contract with City. 2. No right of action accrues on this Bond to any entity other than City or its successors and assigns. 3. If an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay in addition to the Bonded Sum City's reasonable attorneys' fees and litigation costs, in an amount the court fixes. 4. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason. Page 35 of 175 On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representatives) under the authority of its governing body. Date: June 2, 2021 PRINCIPAL: EBS General Engineering, Inc. (Coma ) ( gnature) By: . oseph Nancy (Name) Its: ~I~ ce. ~rtS~ ~~n~- (Titie) Address for Serving Notices or Other Documents: 1345 Quarry Street, Ste. 101 Corona, CA 92879 CORPORATE SEAL SURETY: Suretec In u anc C pany om y Na e) .~ (Signature) B y; Charles L. Flake (Name) Its; Attorney-In-Fact (Title) Address for Serving Notices or Other Documents: 3131 Camino Del Rio N., #1450 San Diego, CA 92108 ___ n EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SI GNING AS ATTORNEY-IN-FACT. n THE ATTORNEY-IN-FACTS SIGNATURE MUST BE NOTARIZED. n A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. Page 36 of 175 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 .i; .~,.;i..~;.~:i.. ,.t. ..~::.;i , I•~.Ir; :.s'~. '~~i' ~i,?i':. ~s^`:,~:,: , :i;:- ?,i•;s:~F I~:F:~~; A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On 6/4/21 D before me, Cristina Whitcher, Notary Public Date Here Insert Name and Title of the Officer personally appeared Joseph Nanci IVame(s) of Signers) who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. ~ /- CRISTIt~A WHRCHER ~,~ ~r~ ~h ~ ~ `~ '~::~` s Notary Publk -California ~~~~~'. ~ QiversidQ County _ ':.i~' ~. ~; v~.~~~- Commission 1~ 1326305 _ Place Notary Seal and/or Stamp Above certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~~1~- ~,~11~ Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: O Corporate Officer — Title(s): q Partner — O Limited D General o Individual ❑Attorney in Fact q Trustee ❑Guardian or Conservator D Other: Signer is Representing: X72018 National Notary Association Number of Pages: Signer's Name: q Corporate Officer — Title(s): o Partner — o Limited O General q Individual q Attorney in Fact o Trustee ❑Guardian or Conservator q Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 6-02-21 before me, Lexie Sherwood Date Insert Name of Notary exactly as it appears on the official seal personally appeared Charles L. Flake Names) of Signers) LEXIE SHERWOOD COMM. # 2203287 ?5 C~7 •~ '. NOTARY PUBLIC •CALIFORNIA ~ ~ ~~ :,. ORANGE COUNTY ~ Comm. Exp. JULY 27, 2021 Notary Public, who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r Witness my hand and official seal. r Signature _ _ Place Notary Seal Above Signature o No ry Public exie @f1N00 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: q Individual q Corporate Officer — Title(s): q Partner ❑Limited ❑General q Attorney in Fact p Trustee q Guardian or Conservator q Other: Signer is Representing: Top of thumb here Number of Pages: Signer's Name q Individual Corporate Officer —Title(s): _ q Partner ❑Limited ❑General q Attorney in Fact q Trustee q Guardian or Conservator q Other: Signer is Representing: ' f POA~# 510123 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: Charles L. Flake, David L. Culbertson, Spencer Flake, Heather Willis Their true and lawful agents) and attorneys)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety orjointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Ten Million and 00/100 Dollars ($10,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESQLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which maybe attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, io execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case maybe, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 2sin day of May ~ Zozo . SureTec Insurance Company Michael C. Keimig, President ....~' Commonwealth of Virginia County of Henrico SS: ```~~v~Nc~~~~' Markel Insura ce Company . 5 F =a: SEAL ~` `~~'L~ti'~ ~, ~!:4• ~~ R in Russo, Senior Vice President ~~~~~/ur n~~~~~~~. On this Zsih day of Mav 202o A. D., before me, a Notary Public of the Commonwealth of Virginia, in and for the County of Henrico, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duty affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board o(Directors of said C:+mpanies referred to in the preceding instrument is now in force. ~ ~ ~ e a ~ ~ ~ ~ ~: ~~ ItJ TESTIMGNY WHEREOF, I have hereunto set my hand, and affixed myb ,`, e D Phe ~~t~pf Henrico, the day and year first above written. MY C C0~4N~!SSION ~ gy; ~ •. NUP:1~3F_R Q ~ Donna Oonavant, Notary Public .~ n~ 7083968 .' ~~ ~ My commission expires 1/31/2023 `~O~•, .•~~~ as We, the undersignEd Officers of SureTec Insurance Company and Markel'}~sU"r~~i~LC-~o~{~~fiy oQYierby certify that the original POWER QF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and haStigt~~e~e~r~ r~yok2tl. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 2nd day of June 2 21 Sur ec Insur ce C pan By M. Br t Beaty, Assistant Secreta Markel Insurance Company ._t ~ / ~~ ._% i ` .\ N ~~ BY; ~ _~~, Richard R. Grinnan, Vice President an2;~u Cary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510123 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. BIDDER'S STATEMENT OF QUALIFICATIONS 1, ORGANIZATION 1.1 How many years has your organization been in business as a Contractor? 25 1.2 How many years has your organization been in business under its present name? 10 1.2.1 Under what other names has your organization operated? Elite Bobcat Service, Inc. 1.3 If your organization is a corporation, answer the following: 1.3.1 Date of incorporation/organization: 1/26/11 1,3.2 State of incorporation/organization: CA 1,3.3 Corporate ID number: 1744801 1.3.4 Name of President. Thomas Nanci 1.3,5 Agent for Service of Process. Fernando Leon 1.4 If your organization is a partnership, answer the following: 1.4,1 Date of organization/formation: N/A 1.4.2 Type of partnership (if applicable): N/A 1.4.3 Names) of general partner(s); N/A 1,4.4 List all states in which you are registered and state ID numbers for each. N/A 1.5 If your organization is individually owned, answer the following: 1.5.1 Date of organization: N/A 1.5.2 Name of owner. N/A 1.6 If the form of your organization is other than those listed above, describe it and name the principals: N/A Page 38 of 175 LICENSING 2,1 List jurisdictions in which your organization is legally qualified to do business, indicate registration or license numbers, and category of license, if applicable. Mate of CA - #720016 Class A 2.2 List jurisdictions in which your organization's partnership or trade name is filed. State of CA 2,3 List any licensing suspensions and/or violations assessed against your organization within the past five years, None EXPERIENCE 3.1 List the categories of Work that your organization normally performs with its own personnel. flatwork, minor pcc, asphalt grind and pave, utility adjustment 3.2 On the Experience Form, list the project information that establishes that Bidder meets the essential requirements for qualification set forth in the Mandatory Qualifications paragraph of the Notice Inviting Bids for this Project. 3.3 Have Subcontractors (if applicable) complete the Specialty Contractors' Statements of Qualifications (or Bidder to complete if self-performing), 3,4 On a separate sheet, list projects to which your firm or business has been awarded a government contract since your firm or business has been in existence (giving the name and address of the project, the government agency, contact name and phone number, the contract amount, and contract's starting date and ending date). 5 year list attached to bid 3,5 On a separate sheet, list the experience and present commitments of the key individuals of your organization. See attachment bid 4. CLAIMS; LAWSUITS; CRIMINAL ACTS For the following questions, the term "owner" does not include owners of stock in your firm if your firm is apublicly-traded corporation, 4.1 In the past five (5) years, have, you, your firm or any of its owners, partners, officers, or employees been a defendant in court, or participated in an arbitration or mediation, on a matter related to: Page 39 of 175 4.1.1 The performance, non-performance, default, violation, or breach of a contract or agreement? q YES ~ NO 4.1.2 A vehicle collision or accident involving your firm's employees? q YES ~J NO 4,1.3 Damage to real property arising out of your services or operations? q YES r~` NO 4.1.4 Employment-related litigation brought by an employee of your firm? q YES ~NO 4.1.5 Payment to a subcontractor or supplier? q YES C~10 4.1.6 Defective, deficient, or substandard work? q YES ~NO If the answer to any questions in 4.1,1 to 4.1.6 is YES, identify the name of the person or entity that sued (i.e., "the plaintiff°) or was involved in the mediation or arbitration; list the date, court, court address, and case number; describe the facts and circumstances giving rise to the lawsuit, mediation, or arbitration; and set forth the outcome or disposition. Attach additional sheets as necessary. 4.2 Have you or your firm ever filed a claim for damages or a lawsuit, or requested arbitration or mediation, against a government entity or a Client? q YES C~ NO If YES, identify the government entity or client; list the date, court and case number; describe the facts and circumstances about the claim for damages, or the lawsuit, or both; and set forth the outcome or disposition. Attach additional sheets as necessary. 4.3 Are there any pending or outstanding judgments or liens against you, your firm, or any of its owners, partners, officers, or employees? q YES L~ NO If YES, identify the name of the person or entity entitled to payment; list the date court and case number; describe the facts and circumstances giving rise to the judgment or lien; and set forth the amount of the judgment or lien. Attach additional sheets if necessary. 4.4 In the pastfive (5) years, has any government entity ever: (a) investigated, cited, disciplined, Page 40 of 175 or assessed any penalties against you, your firm, or any of its owners, partners, officers, or employees, or (b) determined or concluded that your firm or any of its owners, partners, officers, or employees violated any laws, rules, or regulations? q YES ~ NO If YES, identify the government entity; list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 4.5 In the past five (5) years, have you, your firm or any of its owners, partners, officers or employees been convicted of a crime related to the bidding of a government contract, the awarding of a government contract, or the performance of a government contract? ("Convicted" includes a verdict of guilty by a judge or jury, a plea of guilty, a plea of nolo contendere, or a forfeiture of bail.) q YES -~0 NO If YES, identify the government entity; list the date, court and case number; describe the facts and circumstances about each instance; and set forth the penalty or punishment imposed. Attach additional sheets as necessary. 4.6 In the past five (5) years, have you, your firm, or any of its owners, partners, officers or employees been convicted of a crime involving embezzlement, theft, fraud, forgery, bribery, deceptive or unlawful business practices, perjury, falsifying or destroying records or evidence, or receiving stolen property, or making or submitting a false claim? q YES ~J NO If YES, identify the crime or offense; list the date, court and case number; describe the facts and circumstances about each instance; and set forth the penalty or punishment imposed. Attach additional sheets as necessary. 4.7 Have you or, if Bidder is a corporation, any principal of the corporation ever been convicted of a felony? q YES ~ NO If YES, please explain the details of that conviction and, if so, whether you or said officer have served his or her sentence. 4.8 In the past five (5) years, has a government entity determined or concluded that you, your firm, or any of its owners, partners, officers or employees made or submitted a false claim (including a false claim for payment), or made a material misrepresentation? q YES ~ NO If YES, identify the government entity, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. Page 41 of 175 4.9 Have you or your company ever been charged by any governmental agency for failure to follow safety procedures? If YES, please explain. q YES ~_] NO 4.10 Has any governmental agency ever submitted a complaint against you or your firm to the California State Labor Commission for failure to submit certified payrolls? If your answer is "Yes", please provide the details of such complaint. q YES ~ NO 5, FIRM'S OPERATIONAL STATUS 5.1, In the past seven (7) years, has your firm, or anyone else acting on behalf of your firm, filed for bankruptcy, insolvency, receivership, or reorganization? q YES :J NO If YES, list the filing date, identify the court and case number; describe the facts and circumstances giving rise to each instance; and set forth the disposition or current status. Attach additional sheets as necessary, 5.2. In the past five (5) years, has your firm had an consolidations, mergers, acquisitions, closings, layoffs or staff reductions? q YES ~ NO If YES, list the filing date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary, 5.3. Is your firm in the process of, or in negotiations toward: (a) consolidating, merging, selling, or closing its business, or (b) laying off employees or reducing staff? q YES ~JO If YES, describe the transaction; list the anticipated date for completing the transaction, laying off employees, or reducing staff; and describe the facts, circumstances, and reason for taking the action. Attach additional sheets as necessary, 6. BIDDING; DEBARMENT; CONTRACT PERFORMANCE 6.1. Has a government entity ever debarred, disqualified, removed, suspended, or otherwise prevented you or your firm from bidding on, contracting, or completing a construction project? q YES ~~ NO Page 42 of 175 If YES, identify the name of the government entity, list the date, and describe the facts and circumstances about each instance, and state the reason for the government entity's action against your firm, Attach additional sheets as necessary. 6.2. Has a government entity ever rejected your firm's Bid or Proposal on the ground that you or your firm is a "non-responsible" bidder or proposer? q YES !-; NO if YES, identify the name of the government entity, list the date, describe the facts and circumstances about each instance, and state the reason or basis for the government entity's determining that your firm was a "non-responsible" bidder. Attach additional sheets as necessary. 6.3. Have you or your firm ever failed to fulfill or perform —either partially or completely — a contract or an agreement with a government entity or a client? q YES r' NO If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.4. In the past five (5) years, have you or any officer or principal of your firm been an officer of another firm which failed to perform a contract or agreement? q YES ~' NO If YES, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.5. Has your firm ever advised a government entity or a client, while your firm was under contract with the government entity or client, that your firm could not (or would not) fulfill or perform —either partially orcompletely —the contract or the agreement based on the prices that your firm had originally submitted in a Bid or a Proposal? q YES NO If YES, list the date, identify the name of the government entity or client, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.6. Has your firm ever requested a government entity or a client, while your firm was under contract with the government entity or client, to renegotiate one or more terms of the existing contractor agreement? q YES lLl NO If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. Page 43 of 175 6.7. Has your firm ever requested a government entity or a client, while your firm was under contract with the government entity or client, to: (a) cancel the contract or agreement, or (b) release or discharge your firm form the contract or agreement? q YES L~ NO If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.8. Has a government entity or a client ever terminated, suspended, or non-renewed your firm's contract or agreement before its completion? q YES ~ ; NO If YES, identify the name of the government entity, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.9. Has a government entity or a client ever notified or advised your firm that your firm's performance under a contract or agreement was poor, sub-standard, deficient, or non- compliant? q YES ~ NO If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.10. In the past five (5) years, has your firm paid, or has your firm been assessed, liquidated damages on a contract or agreement? q YES ~.~ NO If YES, identify all such contracts/projects by owner, owner's address, the date of completion of the project, amount of liquidated damages assessed, and all other information necessary to fully explain the assessment or payment of liquidated damages, Attach additional sheets as necessary. 7. INSURANCE AND BONDS 7.1. In the past ten years, has an insurance company or a surety company: 7.1.1. Refused to insure your firm for liability coverage? q YES rJ NO 7,1.2. Canceled ornon-renewed your firm's insurance coverage? q YES ~J NO 7.1.3, Refused to issue your firm a bond? q YES ~ NO Page 44 of 175 7.1.4. Canceled or revoked a bond obtained by your firm? q YES ~ NO If the answer to any questions in 7.1.1 to 7.1.4 is YES, identify the name of the insurance company or surety company, list the date, and describe the facts and circumstances about each instance. Attach addition sheets as necessary. 7.2 In the past ten (10) years, has an insurance company or surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims against a performance bond, payment bond, or maintenance bond issued on your firm's behalf? q YES ~ NO If YES, identify each contract completed or amount of each claim, the name and telephone number of the claimant, the date, grounds and current status of the claim, and if resolved, the method, nature, and amount of the resolution. Attach addition sheets as necessary. 8, SURETY 8,1 If a performance and/or payment bond is required by this bid, identify the bonding company if arrangements for the bond have been made; if not, identify the bonding company for the Contractor's most recent project: SureTec Insurance Co 8.2 Name and address of agent. Culbertson's Insurance Services All of the above statements as to experience, financial qualifications, and available plant and equipment are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the Bidder. hereby certify under penalty of perjury under the laws of the state of California that the representation made herein are true and correct. Signature of Bidder Thomas Nanci, President Page 45 of 175 BIDDER'S EXPERIENCE FORM ADA Improvements at the Intersection of Pacific PROJECT NAME: BIvd./Vernon Ave. and Santa Fe Ave. SPECIFICATION N0. CS-1349 COMPANY NAME; EBS General En ineerin~, Inc. ***Please use additional sheets if necessary ~~a`~`~%~at ~r~ertn~f~ ~l~,~j„~~, List below the project information that establishes that Bidder meets the essential requirements for qualification set forth in the Mandatory Qualifications paragraph of the Notice Inviting Bids for this Project. CONTRACT CONTRACT CONTRACT PROJECT NAME AND CONTACT PHONE START DATE END DATE a AMOUNT AGENCY ADDRESS CONTACT NAME NUMBER 1/20/20 3~2~~20 $253,091.05 Annual Sidewalk and Curb Access Ram Im rovcments 110 E La Habra Blvd, Raquel Garcia 562-383-4160 c~ of La Habra La Habra, CA 90631 2/28/20 7~23~2~ $696,476.00 Construction of Sidewalk Improveme for Ramona Blvd & Durfcc Avc is 11333 Valle Blvd, Yurhi Choi 626-580-2058 Cic or~i ~~onte y EI Monte, CA 91731 8/12/19 2/26/21 `~' ~ `~~j ~ °~`'~ 2018/2019 SB-1 Maintenance and Traffic Im rovemcnts Steve Howard (951) 826-5708 Ci of Riverside Riverside CA 92501 All of the above statements as to experience are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the Bidd . I hereby certify under penalty of perjury under the laws of the state of California that the representation made herein are true and correct. Signature of Bidder Print name: 'I'homsa anci State of California Contractor's License No. Contractor's License expiration date 3/31/22 720016 Page 46 of 175 CONTRACTOR SAFETY QUESTIONNAIRE Company Name: EBS General Engineering, Inc. Primary Type of Work: General Contractor Person Completing Form. Title: President Thomas Nanci Phone Number: 951-279-6869 Date; (/3/21 SAFETY PERFORMANCE 1. List your company's Interstate Experience Rating Modifier (ERM)1 for the three most recent years. 20 ~c~ .~t0 20~ ~ \~ 2. List your company's number of injuries/illnesses from your OSHA 300 logs for the three most recent years. 20 ' ~~ 20 ~ h 20 ~ ~c a. Fatalities ~L b .~ b, OSHA recordable incidents ~ ~ ~~ c. Lost work day incidents ~ ~ d, Total lost work days ~ ~ °o ,~_ e, Total hours worked ~`~~ti , ~~3 ► ~+°, ~~a \~ 1 •~ r-L 3. Upon request from the City, the contractors) shall provide copies of the following items (a-g); and Items (d- g)for each listed Subcontractor a). OSHA 300 logs for the most recent three years and current year-to-date b). Verification of ERM from your insurance carrier c). Injury/Illness Report d). Complete written Safety Program 4. Company Safety Contact. a. Name Willie Ellis b, Phone 951-279-6869 exp 116 e). Training Plans fl, Training Certificates for Employees g), Emergency Response Training 1 ERM =applies to workers' compensation policies. It compares the experience of this contractor to others of similar size, type and ratio. Used against annual premium. It has a direct correlation to how much the contractor pays in workers' comp premium. Page 47 of 175 CONTRACTOR SAFETY QUESTIONNAIRE (continued) SAFETY PROGRAM SAFETY PROGRAM DOCUMENTATION Circle One a. Do you have a written safety program manual? es o 1) Last revision date 12/9/20 b. Do you have a written safety field manual? es No c. Are all workers given a booklet that contains work rules, information? ~ No responsibilities, and other appropriate 2. POLICY AND MANAGEMENT SUPPORT a. Do you have a safety policy statement from an officer of es No the company? b. Do you have a disciplinary process for enforcement es No of your safety program? c. Does management set corporate safety goals? Yes d. Does executive management review. q Accident reports? ~ No q Safety statistics? ~e No q Inspection reports? es No e. Do you safety pre-qualify subcontractors? Yeses f. Do you have a written policy on accident reporting ~e No and investigation? g. Do you have alight-duty, return-to-work policy? ~ No h, Is safety part of your supervisor's performance evaluation? Yes i. Do you have a personal protective equipment (PPE) policy? ~ No j. Do you have a written substance abuse program? ~ No If yes, oes it include (check all applicable boxes): re-employment testing ❑Return-to-duty testing Random testing ❑Disciplinary process q Reasonable cause testing ❑Alcohol testing Post accident testing ❑National Institute on Drug Abuse Panel Screen k. Does each level of management have assigned safety Yes ~o duties and responsibilities? Page 48 of 175 3 4 TRAINING AND ORIENTATION a, Do you conduct safety orientation training for each employee? es No b. Do you conduct site safety orientation for every Yes ~o person new to the job site? c. Does your safety program require safety training meetings? Yes ~o for each supervisor (foreman and above)? How often? q Weekly ❑Monthly ❑Quarterly ❑Annually ❑Other d. Do you hold tool box/tailgate safety meetings focused on your specific work operations/exposures? How often? Weekly ❑Daily ❑Other e, Do you require equipment operation/certification training? ADMINISTRATION AND PROCEDURES a. Does your written safety program address administrative procedures? If yes, check which apply: Pre project/task planning Record keeping Safety committees HAZCOM Substance abuse prevention Return-to-work b. Do you have project safety committees? c. Do you conduct job site safety inspections? How often? ~~ Daily ❑Weekly ❑Monthly ❑Other ~es No Ye~ operators are union trained Yes Emergency procedures Audits/inspections Accident investigations/reporting Training documentation Hazardous work permits Subcontractor prequalification Yes ~o ~e No Do these inspections includes a routine safety inspection of equipment (e,g., scaffold, ladders, fire extinguishers, etc.)? 1(~ No d. Do you investigate accidents? ~e No How are they reported? q Total company q By superintendent q By project q By project manager q By foreman ~ In accordance with OSHA e. Do you discuss safety at all preconstruction and progress meetings? es No Page 49 of 175 Do you perform rigging any' lifting checks prior to lifting? es No q For personnel ~-For equipment ❑Heavy lifts more than 10,000 Ibs.) 5, WORK RULES a. Do you periodically update work rules? When was the last update? 2020 es o What ork practices are addressed by your work rules? CPR/first aid Access—entrances/stairs Barricades, signs, G Respiratory protection and signals ~,~ Blasting aterial handling/storage ..Communications emporary heat Compressed air and gases Vehicle safety Concrete work [~fraffic control q Confined-space entry 'Site visitor escorting q Cranes/rigging and hoisting ublic protection q Electrical grounding Equipment guards and grounding [environmental controls and ❑Monitoring equipment Occupational health mergency procedures Flammable material handling/storage ~ ire protection and prevention Site sa ' ation loor and wall openings 'Trenching and excavating Fall protection ~Lockout/Tagout Housekeeping ❑Energized/pressurized equipment Ladders and scaffolds Mechanical equipment/Personal protective equipment maintenance/pre-op checks/ Tools, power and hand operation Electrical power lines q Welding and cutting (hot work) ❑Other 6. OSHA INSPECTIONS a. Have you been inspected by OSHA in the last three years? Yes No b. Were these inspections in response to complaints? Yes ~o c. Have you been cited as a result of these inspections? Yes No If yes, describe the citations (add additional sheets if necessary): Page 50 of 175 DESIGNATION OF SUBCONTRACTORS NAME OF BIDDER: EBS General En ineering, Inc. Each Bidder must list, on the form provided on the next page, each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed in the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Drawings and Specifications, in an amount in excess of one-half of one percent of the Contractor's Base Bid Amount. Each Subcontractor must have an active and current license, and all requisite specialty certifications, when listed, Bidder must provide the following information for EACH Subcontractor. 1. The name of the Subcontractor; 2. The trade and type of work that the Subcontractor will perform; 3. Location (address) of Subcontractor's place of business; 4. Subcontractor's license number; and any specialty licenses; and 5, Dollar value of the Work that the Subcontractor will perform. Subletting or subcontracting of any portion of the Work in excess of one-half of one percent of the Contractor's Base Bid to which no Subcontractor was designated in the original Bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City setting forth the facts constituting the emergency or necessity. If the Contractor violates any of the above provisions the Contractor may be in breach of this Contract and the City may exercise the option, in its own discretion, to (1) cancel this Contract, or (2) assess the Contractor a penalty in an amount not more than ten percent (10%) of the amount of the subcontract involved, and this penalty shall be deposited in the fund out of which the prime Contract is awarded. If the Contractor fails to specify a Subcontractor, or if the Contractor specifies more than one Subcontractor for the same trade or type of Work to be performed under the Contract in excess of one-half of one percent of the Contractor's Base Bid Amount, then the Contractor agrees that he/she is fully qualified to perform that Work himself/herself, and that he/she shall perform that Work himself/herself. if after award of Contract, the Contractor subcontracts any such Work, the Contractor will be subject to the statutory penalties. DESIGNATION OF SUBCONTRACTORS FORM IS ON THE FOLLOWING PAGE Page 51 of 175 Please type or legibly print (attach additional sheets as necessary). Name of Subcontractor Email Contact Information Trade and Type of Work to be Performed Business Location ASS ~~.1►~ ~C ~~C~c~ ~ ~ cs~-~~: ~ ~~ ~,c.n ~~W ~Y~v~~ -~ ~ ~~~ License Number Public Works Contractor Registration Number Dollar ($) Value ~v ~oo~ C55 ~(o, (~~S Page 52 of 175 _~ The Contractor shall not: A, Substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except that the City may consent to the substitution of another person as Subcontractor in any of the following situations: 1. When the Subcontractor listed in the Bid, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract for the scope of Work specified in the Subcontractor's bid and at the price specified in the Subcontractor's bid, when that written contract, based upon the general terms, conditions, Drawings and Specifications for the Project or the terms of Contractor's written Bid, is presented to the Subcontractor by the Contractor; 2. When the listed Subcontractor becomes insolvent or the subject of an order for relief in bankruptcy; 3. When the listed Subcontractor fails or refuses to perform his/her subcontract; 4, When the listed Subcontractor fails or refuses to meet the bond requirements of the Contractor as set forth in Public Contract Code Section 4108; 5, When the Contractor demonstrates to the City that the name of the Subcontractor was listed as the result of an inadvertent clerical error; 6. When the listed Subcontractor is not licensed pursuant to the Contractors License Law; 7, When the City determines that the Work performed by the listed Subcontractor is substantially unsatisfactory and not in substantial accordance with the Drawings and Specifications, or that the Subcontractor is substantially delaying or disrupting the progress of the Work; 8. When the listed Subcontractor is ineligible to work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code; or 9. When the City determines that the listed Subcontractor is not a responsible contractor. B. Permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original Subcontractor listed in the original Bid, without the consent of the City. C. Other than in the performance of "change orders" causing changes or deviations from the original Contract, sublet or subcontract any portion of the Work in excess of one-half of one percent of the Contractor's Base Bid Amount as to which his/her original Bid did not designate a Subcontractor, Prior to approval of the Contractor's request for a Subcontractor substitution, the City shall give notice in writing to the listed Subcontractor of the Contractor's request to substitute and of the reason for the request. The notice will be served by certified or registered mail to the last known address of the Subcontractor. The listed Subcontractor who has been so notified shall have five (5) Working Days within which to transmit to the City written objections to the substitution. Failure to file these written objections shall constitute the listed Subcontractor's consent to the substitution. If written objections are filed, the City shall give notice in writing of at least five (5) Working Days to the listed Subcontractor of a hearing by the City on the Contractor's request for substitution. The Contractor, as a condition to asserting a claim of inadvertent clerical error in the listing of a Subcontractor, shall within two (2) Working Days after the time of the Bid Deadline, give written notice to the City and copies of such notice to both the Subcontractor he/she claims to have listed in error and the intended Subcontractor who had bid to the Contractor prior to the Bid Deadline. Page 53 of 175 QUESTIONNAIRE REGARDING SUBCONTRACTORS Bidder shall answer the following questions and submit with his/her Contract proposal. 1. Were bid depository or registry services used in obtaining subcontractors bid figur in order to compute your bid? Yes q No [~ 2, If the answer to No, 1 is "Yes", please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes 4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes q No ~ J 5. If the answer to No. 4 is "Yes", please explain the following details: (a) Date: (b) Name of person or group: N/A (c) Job involved (if applicable): (d) Nature of the threats: (e) Additional comments; (Use additional paper if necessary) 6, Was a conscious effort made to recruit or provide equal opportunity for bids by minority or project area subcontractors? Yes q No 7. Was a conscious effort made to recruit and hire project area lower-income residents? Yes q No Please submit statement. 8. We declare under penalty of perjury that the foregoing is true and correct. Dated this 3 day of jun~' , 20 21 , All of the above statements as to experience, financial qualifications, and available plant and equipment are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the bidder. Name of Co any E S General Engineering, Inc. By: Title: ~I~h as Nanci, President Page 54 of 175 CONTRACTOR'S AFFIDAVIT OF NON-COLLUSION STATE OF CALIFORNIA ) ss COUNTY OF Los An elg es ) Thomas Nanci being first duly sworn, deposes and says: That he/she is the President (Title of office if a corporation, "sole owner," "Partner," or other proper title) of EI3S General En ing Bering, Inc. , (hereinafter called "Contractor") who has submitted to the City of Vernon a Bid for the construction of the ADA Improvements at the Intersection of Pacific BIvd.Nernon Ave, and Santa Fe Ave.; 2. That said Bid is genuine; that the same is not sham; that all statements of fact therein are true; 3. That said Bid is not made in the interest or behalf of any person, partnership, company, association, organization, or corporation not named or disclosed; 4. That Contractor did not, directly or indirectly induce, solicit, agree, collude, conspire or contrive with anyone else to submit a false or sham bid, to refrain from bidding, or withdraw his/her bid, to raise or fix the Bid price of Contractor or of anyone else, or to raise or fix any overhead profit, or cost element of Contractor's price or the price of anyone else; and did not attempt to induce action prejudicial to the interests of the City of Vernon, or of any other Bidder, or anyone else interested in the proposed Contract; 5. That the Contractor has not in any manner sought by collusion to secure for himself an advantage over any other Bidders or induce action prejudicial to the interests of the City of Vernon or of any other Bidder, or anyone else interested in the proposed Contract; 6. That the Contractor has not accepted any bid from any Subcontractor or material supplier through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or material supplier, which is not processed through said bid depository, or which prevent any Subcontractor or material supplier from bidding to any Contractor who does not use the facilities of or accept bids from or through such bid depository; Page 55 of 175 7. That the Contractor did not, directly or indirectly, submit the Contractor's Bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except to the City of Vernon, or to any person or persons who have partnership or other financial interest with said Contractor in his/her business, i declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated this 3 day of June 2021 at Corona Month/Year City EBS General En ineerin ,Inc. Contractor Please P ' t) Contractor's ignature Thomas Nanci, President Title CONTRACTOR'S SIGNATURE MUST BE NOTARIZED CA State Page 56 of 175 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On 6/3/21 D before me, Date personally appeared Thomas Nanci Cristina Whitcher, Notary Public Here Insert Name and Title of the Officer Names) of Signers) who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. ~~ U/ ~~.: -:....:-..tif~ RISTINA WHRCHER Y Notary Publtc -California Riverside County y~ Y ~~ A • Commission A~ 2326305 `''~~°R``~T My Comm, Expires Apr 10, 2024 Place /Votary Seal and/or Stamp Above certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature "~`~ ~~i~~~ Signature of Nofary Public yr ~ iv~~H~ Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity{ies) Claimed by Signers) Signer's Name: O Corporate Officer — Title(s): D Partner — ❑Limited O General o Individual o Attorney in Fact q Trustee o Guardian or Conservator q Other. Number of Pages: Signer's Name: O Corporate Officer — Title(s): o Partner — o Limited o General o Individual ❑Attorney in Fact q Trustee ❑Guardian or Conservator q Other: Signer is Representing: Signer is Representing: _ 413AT?S7m(i14 ~ R ~ X72018 National Notary Association THE BIDDER'S INSURANCE COMPANY(S) OR INSURANCE AGENT MUST COMPLETE THIS FORM AND THE BIDDER MUST SUBMIT THIS CERTIFICATION WITH THE BID FORMS. I, the undersigned (Please check one box) ~ ~ underwriter agent, certify that I and the Contractor listed below have jointly reviewed the "Insurance Requirements" in these Bidding Documents and the Contract Documents. If the City of Vernon ("City") awards the Contractor the Contract for this project, I will be able—within fourteen (14) calendar days after the Contractor is notified of the Contract's award—to furnish the City with valid insurance forms (including one or more insurance certificates and additional insured endorsements) that fully meet all of the Insurance Requirements. h~ ~ ~ ~lsvY~ ~c~ Name of Insuranc ompany a e ~ ~~~~~ lh ~~ ~. s C Insuran e ~ gents Name (Printed) Insurance Agent's Name ignature ~~ o Sb~~~'✓~ C'~n-~' ~n~ ~~1-1 ~ rvc ~ ~ 9ztal g Address ~ City State Zip Code Telephone Number Email Address EBS General Engirleeri~~g, Inc. Contractor's Name City Specification Number Below Sfate fhe Name of Insurance Company Providing Coverage: DO NOT write "Will Provide," "To Be Determined," "When Required," or similar phrases. The I~irst Liberty Insurance Corporation "1'he First Liberty Insw•ance Corporation Commercial General Liability Automobile Liability The First I,ibe~-ty Insurance Corporation Workers' Compensation Liability City Will Purchase Policy, if required Builders Risk n/a Pollution Liability [NOTE TO CONTRACTOR: See ''Insurance Requirements" EXHIBIT 4 of the Contract for the requirement of obtaining Pollution Liability Insurance. NOTE TO THE UNDERWRITER /AGENT: If the insurance forms that the Contractor submits to the City do not fully comply with the Insurance Requirements, and/or if the Contractor fails to submit the forms within the 14-day time limit, the City may: (1) declare the Contractor's Bid non-responsive, and (2) award the Contract to the next lowest responsible Bidder. Page 57 0(' 17S CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 Website: www.cityofvernon.org Article I. Affidavit of Equal Opportunity Employment & Non-segregation (Form AA-1) Article II. Vendor List Questionnaire (Forms AA-2 & 3) In order to be placed to the City's vendor list and be eligible to receive City business, you must provide the following information except where indicated as "optional." By submitting this form you are declaring under penalty of perjury under the laws of the State of California and the laws of the United States that the information is true and correct. Furthermore, you are certifying that your firm will adhere to equal opportunity employment practices to assure that applicants and employees are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your firm does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. Name of Company: EBS General Engineering, Inc. Business Telephone: 951-279-6869 Address: 1345 Quarry Street, Ste 101 City: Corona State: CA Zjp 92879 Contact Person Thomas Nanci E-mail Address bids@ebsgeneral.com (optional) Tax ID Number (or Social Security Number) Remit Address (if different) 33-0634599 Please state clearly and concisely the types) of goods and services your company provides: general contractor The following section is OPTIONAL and is for statistical reporting purposes only. Ownership (please check all that apply): African-American Asian Armenian Hispanic Native American Disabled Female Page 58 of 175 Project Workforce Utilization (Form AA-2~ This form is to be included in all bid documents for projects involving labor or services valued at $25,000 or more. Instructions: Please indicate the job titles/classifications to be used in the performance of this contract should it be awarded to your firm. Please indicate the number of employees in each job classification as well as the number of new hires, if any, as a result of this contract. Name of Company: EBS General Engineering, Inc. Project: ADA Improvements at the Intersection of Pacific Blvd./Vernon Ave. and Santa Fe Ave Job Titles/Classification Estimated number of existing staff to be employed in this classification if awarded the contract Estimated number of new hires to be employed in this classification if awarded the contract Laborers 6 p O erators Are any current employees or potential new hires Vernon residents? If so, how many? None p Page 59 of 175 Current Permanent Workforce Utilization (Form AA-3~ Name of Company: EBS General Engineering, Inc. PfOJ2C'~: ADA Improvements at the Intersection of Pacific Blvd./Vernon Ave. and Santa Fe Ave Completion of this form is OPTIONAL. Any information supplied by vendors is for reporting purposes only and will not be factored into the award of any contract. Instructions: Please indicate the number of employees in each Job Classification belonging to the following groups. White African-American Hispanic Asian/Pacific Native Armenian Male Female (not of Hispanic (not of Hispanic Islander American origin) origin) CLASSIFICATION Officials/ Managers 2 2 Professionals Technicians Office/Clerical 3 3 2 4 Skilled Cram Workers 3 s 8 Operators (semi-skilled) 2 z 4 Laborers 6 1 63 ~o Service Workers TOTAL 86 16 1 73 4 Page 60 of 175 Attachment to page 39 > Q 3.4 0=0pon C=Closed X=Cancollod JOB NUMBER P=Primo S=Sub F=Filod CUSTOMER CUSTOMER JOB # JOB TITLE TRACT NO. /PROJECT/ FEDERAL NUMBER CITY CONTRACT VALUE C 16000 S SUKUT CLINTON KEITH EXTENSION, PHASE 2 MURRIETA 468,892.00 C 16001 R RJ Noble Misc Rentals C 16002 R Shawnan Misc Rentals C 16003 R Excel Pavin Co. Misc Rentals C 16004 R HARDY 8 HARPER Misc Rentals C 16005 R Mark Com an Misc Rentals C 16006 R CalMex Misc Rentals C 16007 R PAULUS Misc Small Jobs C 16007A S PAULUS R&R Cross Gutter Aliso Vie o 4,266.67 C 16008 S Arizona Pi eline Build Edison Wall De Luz 66,152.00 C 16009 S Paulus En ineerinc East Irvine Zone 1 Flow Meter Irvine 39,647.00 C 16010 S California Professional En ineerinc Aviation Blvd LACO 120,460.00 'Vin" ~;'SL c:~,,c~r;c SEE 15091 HSIP Pro ect ? ~_0, ,; ..~' n ~,, h~.ne S~~ "C~.^^~ C 16012 S Irvine Com an Irvine 28,156.00 C 16013 S California Professional En ineerinc Tragic Signal Modification La Mirada 137,580.00 C 16014 S Inrine Com an C press Village, Area 32 Tract 17517, 17514 Irvine 63,715.00 C 16015 P Huntin ton Beach. Ci o1 FY 15/16 Curb Access Ramp CC no. 1529 Huntin ton Beach 327,200.00 C 16016 P Beazer Homes French Valle ,Leon &Briggs French Valle 13,300.00 is 16017 ~' Beazer Her French Valley concrete French Valley C 16018 ~ REYE~ see 13087 CUNST RAMP (OLD JOB 13087; LONG 8EAC1 ' 18.600.00 C 16019 S SD ASPHALT CONST DRIVEWAY IRVINE 11,000.00 C 16020 S RJ NOBLE 91538 GOTHARD STRRET REHABILITATION HUNTINGTON BEACH 146,350.00 C 16021 P BEAZER HOMES SALES PARKING LOT LA QUINTA 17,318.50 C 16021A P BEAZER HOMES SALES PARKING LOT LA QUINTA 17,318.50 C 16022 P WEST HOLLYWOOD, CITY OF CONCRETE REPAIRS -EAST SIDE - PHASE V WEST HOLLYWOOD 349,000.00 C 16023 P Beazer Homes Redhawk Temecula 409,021.00 C 16024 P William L on R&R PCC C 16025 S Parkwest Landsca e Nature Park Chino 312,617.00 C 16026 S Hard & Ha er Slover Ave Phase II 14H60020 Co. San Bernardino 396,792.00 C 16027 P XEROX Towne &Bonita Street Improvements Pomona 83,931.82 C 16028 S Paulus En ineerinc Pipeline Infrastructure Costa Mesa 8,930.00 C 16029 S California Professional En ineerinc Foothill Blvd Traffic Signal Co, of LA 113,878.00 C 16030 S Griffith Com an OC Dana Point Harbor Dana Point 214,250.00 C 16031 S PTM General En ineerinc #P15-21 07-297204 L nwood 93,840.00 C 16032 S Arizona Pi eline 504811 Bandana 12 KV Palm Desert 29,130.00 C 16033 P Inland Em ire Utiltites A enc Master Contract-Asphalt Repairs Inland Em ire 1.00 C 16034 P Inrine Com an 4 Model Parking Lots Irvine 14,631.00 C 16035 P SUKUT I-5 &Valle Raod San Juan Ca istrainc 269,969.00 16036 SCI Construction >EE JUB # 16064 ~orba Linda C 16037 S R.J. Noble Com an 91541 Broadway Rehabilitatior Anaheim 56,330.00 C 16038 S R.J. Noble Com an La Plama Rehabilitation Anaheim 30,700.00 C 16039 P Irvine Com an Stonegate (PA 96) Area #41 Tract 17324, 17486 Irvine 35,290.00 C 16040 P Pasadena, Ci of Utility Manhole &Valve Adjustmen Pasadena 11,000.00 C 16041 S Arizona Pi eline 604801 RB~R Concrete Items Irvine 20,006.00 C 16042 S Shimmick Fullerton Road Grade Se aratior Indust 831,532.00 C 16043 S SUKUT 1214 WEST SIDE MASS GRADING Indust 43,192.80 C 16044 S Portrait Homes Bloomin ton II Fontana 387,128.00 C 16045 S R.J. NOBLE COMPANY 9157 Rosetta 36624 Lake Elsinore 103,618.00 C 16046 S Ea le En ineering & Develo ment Mcfadden Ave Rehab Santa Ana 29,810.00 C 16047 S Bens As halt C 16048 S ORTIZ ENTERPRISES 189 Ventura County Various Location: 07-275004 Ventura 72,110.00 C 16049 S United En ineerin and Construction 12-OP4604 Huntin ton Beach 20,400.00 C 16050 S Shawnan Residential Street Rehabilitation West Covina 107,688.00 C 16051 S USS Cal Builders 255 State Fullerton 446,913.00 C 16052 S Arizona Pi eline 604803 R&R Misc Concrete @Night Oran e 44,765.00 C 16053 P Oran e, Cit of CDBG ADA Wheelchair Ramp s -4943 Oran e 213,900.00 C 16054 S Sierra Pacific Electrical 5933 The Perserve at Chino Chino 26,205.00 C 16055 P Placentia, Ci o1 2016-34 Pedestrian Accessibility Project Phase IV Placentia 78,092.00 C 16056 S Hot Line Construction R8R Concrete Anaheim 106,790.00 C 16057 S American As halt South Annual Slurry Sea Rancho Santa Mar arifa 20,400.00 C 16058 S HSD Construction RB~R Concrete Corona Del Mar 6,633.00 C 16059 S Vance Co 2015-08 I-210 Logistics Center Rialto 42,480.00 C 16060 S Hard & Ha er 20134 Palos verdes Street Rehab RPV 521,000.00 C 16060A S Hard & Ha er 20135 Annual Sidewalk Re ail Rancho Palos verdes 111,515.00 C 16061 S Hot Line Construction Anaheim Distruct No. 63 Anaheim 210,000.00 C 16062 S R.J. Noble Com an 91547 Sand Canyon Undercrossinc 12-OP4904 Irvine 34,625.00 C 16063 P Irvine Com an C stal Cove Asphalt Paving, Area 30 Ne ort Beach 390,241.25 C 16064 S GCI Construction 2015 Water Replacement J201412 Yorba Linda 41,080.25 C 16065 S Arizona Pi eline Repair Pavers New ort Beach 6,900.00 C 16066 P Hot Line Construction R&R Various Locations All Over 45,270.00 C 16067 P Irvine Com an Orchard Hills Corte Bella Area #37 Irvine 18,947.00 C 16068 P Irvine Com an Cypress Vllage, Laural, Area 35 Irvine 99,337.00 C 16069 P San Marcos, Ci Of ADA Curb Ram Reconstruction Pro~ect No. 88087 San Marcos 290,100.00 C 16070 S Bri htview Landsca e Pine Hurst Park Chino 490,000.00 C 16071 S HARDY &HARPER Victoria Ave Street Paving Rancho Cucamon a 52,818.00 C 16072 S HARDY &HARPER 20112 Archibald Ave Pavement Rehab Rancho Cucamonga 80,136.00 C 16073 S GCI Construction Highland Light D) Pipeline San Clemente 10,902.00 C 16074 S California Professional Engineerinc Tustin Street Traffic Signal Orange 72,630.00 C 16075 S Kordich Construction Water Quality Improvements C ress 32,794.00 C 16076 S R.J. Noble Com an 91544 Annual Pavement Overlay Oran e 89,000.00 C 16077 S Parkwest Landsca e Stoneview Nature Center Culver Ci 52,367.00 C 16078A S R.J. Noble Com an 91542 Fresca Dr &Marlin Cir. Rehabilitatior ST-344 La Palma 73,290.00 C 160786 S R.J. Noble Com an 91536 Valley vew Improvements La Plama 25,085.00 C 16079 P LYNWOOD, CITY OF MTA BUS SHELTER SDIEWALK 4011.68.013 LYNWOOD 30,000.00 C 16080 S R.J. Noble Com an KATELLAAVE STREET REHAB Oran e 624,850.00 C 16081 S ENVIRONMENTAL CONSTRUCTION, INC. 279 Yorba Linda High Schoo Yorba Linda 24,622.00 C 16082 S Excel Pavin Co. 3rd Street Traffic Calming from Birch Street to S urgeon Streel Pro'ect No. 15-6606 Santa Ana 29,310.00 C 16083 S Shimmick 194 Miramar Clearwell Improvements San Die o 340,355.00 C 16084 S R.J. Noble Com an 91550 Quadrant G3 Project #GT229 Fountain Valle 214,268.00 C 16085 S Pavement Coatings 1686017 Temecula Parkway Pavement Rehab Temecula 4,876.00 C 16086 S Vance Co 2016-01 Adelanto Towne Center Adelanto 90,040.00 C 16087 S Arizona Pi eline 604807 Arabia 12 KV Oran e 18,745.00 C 16088 P Oran e, Cit of Concrete Street Rehabilitation, FY 15-1E Bid No. 156-39; SP-3956 Oran e 574,850.00 C 16089 S Excel Pavin Co. 5361 Coast Highway Surfside Inn Pedestrian Overcros: Oran e Coun 61,970.00 C 16090 S Brown Construction March Veterans Vliage Offsite 1512 Riverside 133,086.00 C 16090A S Brown Construction March Veterans Village Onsite 1511 Riverside 232,600.00 C 16091 P Planet Home Develo ment Waterloo aka COVO 72776 Los An eles 27,437.50 C 16092 P Los An eles, Coun of RDC 0015763 Pacific Blvd. at California Street HSIP-5953 669 South Gate 166,702.50 a~&3 ~~5 Asacwa~Sidswa4k-t~epaii ~, ;fig C 16094 S Hard & Ha er 20165 Residential Slurry Project CIP 2016-2 Claremont 172,320.00 C 16095 S Park West Landsca e Neptune Wetland Marina Del Re 97,144.00 C 16096 S Planet Home Develo ment Manzanita P-37777 Los An eles 52,424.00 C 16097 S MSL Electric 4433 Valley Bivd Signal Walnut 23,416.75 C 16098 S W.M. L les Co. T-1116 CR&R Riv. County Environmental Centel Perris 98,345.00 C 16099 S Manna Landsca e Construct Concrete 11-263314 EI Centro 147,750.00 C 16100 S California Professional Engineerin Construction on tale Highway in range ounty in La Habra ano Whittier at Valley Home Ave 12-ON6804 La Habra 65,000.00 C 16101 S Vance Co 2015-06 Lewis-Hillwood Const SidewalF Rialto 43,750.00 C 16102 S Lewis 0 eratin Constrict Sidewalk 17572 Chino 35,250.00 C 16103 S R.J. Noble Com an 91558 Local Street Pavement Rehabilitatior 16105 San Juan Ca istrano 141,509.75 C 16104 S Chumo Construction Orange County State Highwa Routes 5, 22, 55, & 7: 12-ON0704 Oran e Coun 20,340.00 C 16105 S Inrine Com an Trail 16724 ORCHARD HILLS -VISTA SCENA, AREA 39 IRVINE 25,950.00 C 16106 S R.J. Noble Cam an 91563 ANNUAL PAVEMENT REHAB Pro'ect 598, Bid 2016-12 BUENA PARK 213,855.00 C 16107 R GRIFFITH COMPANY MISC RENTALS C 16108 S Hard & Ha er 20218 Dale Ave Im rovements Anaheim 27,145.00 C 16109 S Arizona Pi elinE R&R SIDEWALK Colton 3,780.00 .,,.,, C-#t+f-~east,::r;;;:;r~_-'~iaaaeac#-E;~:; — 0~ ~-~9-x-14 -i~fi ~a~-Baf 33€r-84-x:; C 16111 R Hard & Ha er Patch Crew Rental C 16112 R Vance Co MISC RENTALS C 16113 S R.J. Noble Com an 91564 Bastanchury Road Improvements CIP 008.4.512.7657 Yorba Linda 70,720.00 C 16114 P Calvert Pro erties RB~R Parking Lot Corona C 16115 S Arizona Pi elinE Construct PCC Garden Grove 16,752.00 C 16116 S Bri htview Landsca e Citrus Heights 36390 Riverside Coun 123,050.00 C 16117 S Sierra Pacific Electrical 6111 Santa Barbara in Chino Hill: Chino Hills 15,819.00 C 16118 P Ci of Huntin ton Beacr Brookhurst Street Frontage Road Improvements CC1531 Huntin ton Beach 249,330.00 C 16119 S Hard & Ha er Street Im rovements on Vista Chino 6-01 E & 616-02E, CIP 8659 Catherdal Ci 634,315.00 C 16120 R Chumo Misc. Rentals C 16121 R Preasion Cold Planing Misc. Rentals C 16122 S Cross Town Electric BicyGe Detection System Pasadena 88,100.00 C 16123 S Pierre Landsca e Sky Park Tract 31503 Juru a Valle 158,222.00 C 16124 S Belco - Elecnor Traffic Signal on Nisqualli Rd Victorville 79,000.00 C 16125 S Sierca Pacific Electrical 6106 R&R PCC Ontario 5,810.00 C 16126 S Lewis Management Co 50010425 The Preserve -Mill Creek Ave. Chino 66,990.00 C 16127 P Santa Ana, Ci of Maple Bike Trail Safety Enhancements 16-6854 Santa Ana C 16128 S W.M. L les T-1139 Victor Valley Waste Water Hes eria 318,721.00 C 16129 P Ci of Redlands CDBG Alley Paving Improvements 43060 Redlands 132,235.00 C 16130 S Hard & Ha er 19235 Sludge Dewatering and Odor Control @Plant 1 Fountain Valle 39,575.00 C 16131 S MSL Electric Construct Ramps MIRA LOMA 4,500.00 C 16132 P Cit of Bell Gardens Suva Street Rehab STPL 5373 022 Bell Gardens 242,420.00 C 16133 R Construct 1 Jurupa Data Center Installation Juru a Valle C 16134 P Los Alamitos, Ci of Farnham Ave / Kinmount Strret Improvements CIP 16/17-03 Los Alamitos 55,073.00 C 16135 P Santa Fe S rin s, Ci of Ariee Ave Sidewalk Constructior Santa Fe S rings 52,638.00 C 16136 P Los An eles,Ci of On-Call Small Sidewalk Re air Services Los An eles C 16137 S Costal Pacific Construction Liquid Graphics 1492 Santa Ana 13,000.00 C 16138 S Vance Co 2016-12 Newport Road Widening CIP 15-04 Menifee 349,512.00 C 16139 S R.J. NOBLE COMPANY Construct PCC 16747 San Juan Ca istrano 58,465.00 C 16140 S Chumo Construction Const PCC 12-OM3504 Irvine 263,192.00 C 16141 S California Professional En ineerinc Olive Street Improvements 2372 Westminster 35,000.00 C 16142 S RJ Noble 91566 Street Rehab FY 2015-16 ST162 Chino 510,750.00 C 16143 S Irvine Pacific, L.P. Cypress Vllage, Jasmine Area 38 Tract 17659 Irvine 64,778.00 C 16144 S California Professional En ineerinc Tragic Signal Various Locations Westminster 63,600.00 C 16145 R Sull Miller Various Rentals C 16146 P Rancho Palos Verdes, Ci of Del Cerro/Burma Road Entrance to PV Nature Preserve Project Rancho Palos Verdes 99,470.00 C 16147 S R.J. Noble Com an Gunnerson Street RehaC #4530 Lake Elsinore 15,000.00 C 16148 S Arizona Pi eline Concrete Repairs Oran e 11,269.00 C 16149 S Arizona Pi eline Construct Concrete Santa Ana 9,080.00 C 16150 S Inrine Pacific, L.P. Orchard Hills, Neighborhood 2- Entrata 16725 Irvine 36,075.00 C 16151 S Inrine Pacific, L.P. Orchard Hills PA-1, Neighborhood 2, Tercazzz 16719 Irvine 32,900.00 C 16152 R NPG Inc. waiting on rick for info C 16153 S R.J. Noble Com an 9207 OCFA Fire Station No. 20 17761 Irvine 64,992.00 ;o~,: ~;r~~+a-R~u;~s .:E-c~~;,~~~eetir; ~^~ K~e21GVa~iousLocat+oa~ 88-8~35a-~ HfNaa~ ~~3:--uo.Uu C 16155 S Southern Cal'rfomia Gradinc 1748 Hoag Health Center Irvine 34,690.00 C 16156 S R.J. Noble Com an 91577 Euclid &harbor Street Im rovements La Habra 60,600.00 C 16157 S Excel Pavin Co. MSC Playground Retrofit Lon Beach 27,550.00 C 16158 S Matich 16-034 PARIS 2015 Resurfacin Pro'ect 41063 Redlands 151,325.00 C 16159 S Suil -Miller 10184825 RESIDENTIAL STREET REHAB 1415 & 15-16 1-R-14 & 1-R-15 La Habra 73,535.00 C 16160 S Excel Pavin Co. 5422 Ensenada Parkette Improvements 30620 Redondo Beach 23,655.00 C 16161 S L.J. Rotunno Legacy High School So. EI Monte 62.538.00 C 16162 S Hot Line Construction #100309 12KV Line Extension Katella Substation to Central Anaheim Anaheim 156,000.00 C 16163 P Ci of Redlands Heritage Park Off-Site Improvements 40093 Redlands 843,897.00 C 16164 S Excel Pavin Co. Bristol Street Improvements No. 16-20 Costa Mesa 319,325.00 C 16165 S Sierra Pacific Electrical #6100 Berkshire Tragic Signal Chino 13,432.00 C 16166 S Matich Co oration R & R PCC Rialto 200,045.00 C 16167 R As halt ConsVuction Inc. Rentals C 16168 S Veterans En ineerin Pour PCC Chula Vista 59,318.00 C 17000 R Arizona Pi eline MISC RENTALS, SEE CUSTOMER SHEET FOR LETTER C 17001 R CalMex MISC RENTALS, SEE CUSTOMER SHEET FOR LETTER C 17002 R Construct 1 MISC RENTALS, SEE CUSTOMER SHEET FOR LEl-fER C 17003 R Excel Pavin Co. MISC RENTALS, SEE CUSTOMER SHEET FOR LETTER C 17004 R Gri~th Com an MISC RENTALS, SEE CUSTOMER SHEET FOR LEnER C 17005 R HARDY &HARPER MISC RENTALS, SEE CUSTOMER SHEET FOR LETTER C 17006 R Hot Line Construction MISC RENTALS, SEE CUSTOMER SHEET FOR LETTER C 17007 R Mark Com an MISC RENTALS, SEE CUSTOMER SHEET FOR LETTER C 17008 R Matich Co oration MISC RENTALS, SEE CUSTOMER SHEET FOR LETTER C 17009 R PAULUS MISC RENTALS, SEE CUSTOMER SHEET FOR LETTER C 17010 R R.J. Noble Com an MISC RENTALS, SEE CUSTOMER SHEET FOR LETTER C 17011 R Shawnan MISC RENTALS, SEE CUSTOMER SHEET FOR LETTER C 17012 R SUKUT MISC RENTALS, SEE CUSTOMER SHEET FOR LETTER C 17013 S SHAWNAN CONSTRUCT WALL CORONA 365,091.35 C 17014 P Costa Mesa, City of 16-17 East 19th Street Safe Routes to School SRTSL-5312 (089) Costa Mesa 1,164,580.00 C 17015 S R.J. Noble Com an 91580 EDINGER AVE REHAB 8~ WARNER AVE REHAB CC-1516 STPL-5181 189 HUNTINGTON BEACH 301,992.00 C 17016 S Irvine Communi Develo ment Co, LLC Eastwood PA 56 -Phase 1A Irvine 5,775.00 X7017 MSL Elecinc Graham Street Improvements Huntington 8eacr 21,500.00 C 17018 R Construct 1 MISC RENTALS, SEE CUSTOMER SHEET FOR LETTER C 17019 S Excel Pavin Co. CENTURY BLVY IMPROVEMENTS LOS ANGELES 488,142.00 C 17020 P Aliso Ve'o, Ci of FY 2016-17 CDBG Ramps Aliso Vie'o 173,700.00 C 17021 S Se uel Contractors Placentia Ave Rehab Placentia 54,600.00 C 17022 S Pierre Landsca e Count side Curb Ontario 18,262.00 C 17023 P Irvine Communi Develo ment Co, LLC Eastwood PA 56 Bond Exoneration Area No. 4: Tract # 17523 Irvine 67,864.00 -i~-~c't ~#br{o-~'~iltii;-~~CUIIYIrd ~-i~t'~-~iV~ ~cf{i'ti-+vyv - '1ni.`l~v C 17025 S Chumo Construction Rte 5 &Rte 14 07-306004 Los Angeles ~ Snnte Clarke 32,250.00 C 17026 S Se uel Contractors 508 2016-2017 Minor Street Improvements 7451 Riverside 104,400.00 C 17027 S Shaw &Sons 1900 Beverly Center Renovation Los An eles 72,908.00 C 17028 S Veterans En ineerin Pour PCC Encintas 38,000.36 C 17029 S Arconic Fastenin S stems Fullerton 30,830.00 C 17030 S Close and Com an / DCI Vantage Point - U Town 4 Offisite Los An eles 48,782.25 C 17031 P Temecula, Ci of Citywide Concrete Repairs FY 16-17 PW16-04 Temecula 242,022.00 C 17032 S Ortiz Ente rises I-15 / SR-79 South Interchange PW0408 Temecula 609,450.00 C 17033 S Belco 140153 Alondra Blvd, at La Mirada Bivd Intersection Improvement<_ CIP 201424 La Mirada 57,820.00 C 17034 S Irvine Pacific, L.P. Orchard Hills Irvine 6,700.00 C 17035 S Aldridge Electric Inc. 175194 Slauson Ave Tragic Signal Los Angeles 146,946.00 C 17036 S Marina Landsca e Gabriella Park Fontana 113,098.00 C 17037 S RJ NOBLE COMPANY Altair 707 & 708 Street Improvements Irvine 208,010.00 C 17038 S California Professional En ineerin Vllage Loop Road Traffic Signal 419-2590-XXXXX-50405 Pomona 27,440.00 C 17039 S Paulus En ineerin Centennial Yard Santa Ana 94,900.00 C 17040 R Shawnan 280 YTI -Port of Los Angeles C 17041 R Sierra Pacific Electrical MISC RENTALS C 17042 S Paulus En ineerin Lido Village Water Main 7001-2 Ne ort Beach 163,800.00 C 17043 S Sull Miller MISC RENTALS, SEE CUSTOMER SHEET FOR LETTER C 17044 S R.J. Noble Com an 9160 Portola Springs PA-6, Neighborhood 4E Tract # 16814 & 17769 Irvine 87,010.00 C 17045 P Placentia, Ci of 2017-01 Concrete Sidewalk Replacement Program - Phase V Placentia 82,650.00 C 17046 S Vance 2017-03 Monterey Ave Street Widening CP 10-254 Rancho Mirage 88,910.00 C 17047 S Vance 2017-01 5th Street & Greenspot Road Bikeway Im rovements STR 12003 Hi hland 18,600.00 C 17048 R JCE E ui ment rental on paving crew Perris 1,385.00 C 17049 S VISILJ ALOMAR AVE SEWER RCP-2015-11435 Anaheim 19,990.00 C 17050 S Excel Pavin Co. Falmouth @ 83rd Street &Sidewalk W.O No. E1908006 Los An eles 65,850.00 C 17051 S W.M. L les T-1140 Western Riverside County Regional Wastewater Riverside 61,243.00 C 17052 S Excel Pavin Co. Dana point Boat House DANA POINT 38,701.00 C 17053 S Belco Amar Road Traffic Signal Improvements La Puente 83,300.00 C 17054 S Shawnan Gilbert Street Improvements Anaheim 100,373.00 C 17055 S R.J. Noble Com an 91587 Ci ide Pavement Rehab, Ph ` Juru a Valle 50,700.00 C 17056 S California Professional En ineering Florence-Firestone Communi Safe Routes to Schoo RDC0016046 South Gate 333,532.00 C 17057 P Signal Hill, Ci of 23rd Street Resurtacing Pro ect 116 Signal Hill 91,285.00 C 17058 S BECHTEL /Tricorn Networks CLV1261 PCC Repairs -Eastwood Phase 1A, area 45 Irvine 11,147.00 C 17059 R Nobest MISC RENTALS, SEE CUSTOMER SHEET FOR LETTER C 17060 P Riverside Parks Vllegas Park Sidewalk 7446 Riverside 125,000.00 C 17061 S R.J. Noble Com an 91594 Annual Pavement Maintenance SP-3995 Oran e 131,000.00 C 17062 P Oran e, Ci of Annual Concrete Re lacement Project Bid No. 167-27; SP-3987 Oran e 289,400.00 ~-8~3 (~oxtst-b;eir-b-8~~ut#er ~rac~F-~af3 35,f~93-(~9 C 17064 P Redondo Beach, Ci of 40790 Palos Verdes Right-Turn Lane @ PCH Redondo Beach 219,570.00 C 17065 S Belco R&R Access Ramp Pasadena 28,200.00 C 17066 P Manhattan Beach, Ci o1 3rd Street Im rovement 1120-17 Manhattan Beach 172,720.00 C 17067 R Hard & Ha er MISC RENTALS, SEE CUSTOMER SHEET FOR LETTER C 17067-B S Hard & Ha er Construct Pilaster Beverl Hills 14,950.00 C 17068 S Excel Pavin Co. 5463 Narbonne Ave Pavement Lomita 151,594.00 C 17069 S RJ Noble Com an 91601 Residential Roadway Rehat GT229 Fountain Valle 278,936.00 C 17070 P Rancho Cucamon a, Ci of Sidewalk Improvements for Bus Stops 800-2017-15 Ranco Cucamon a 49,543.00 C 17071 S Hard & Ha er 20580 Frank Bowerman Landfil Oran e 36,270.00 C 17072 S Excel Pavin Co. Miraleste Drive Street Improvements Rancho Palos Verdes 89,641.00 C 17073 S PTM General En ineerinc Washin ton Blvd &Whittier Blvd Street Li htin Im rovements Whittier 116570 C 17074 S Irvine Communi Develo ment Co, LLC C stal Cove -Area #47 19, 16455, 16456, 16482, 16 Irvine 126958 C 17075 S Aldridge Electric Inc. 185036 Overhead Beacons & Ra id Flashing Beacon: N2M17-42 Alhambra 100,900.00 C 17076 S Excel Pavin Co. 5468 Amar Road Street Rehab Walnut 38,760.00 C 17077 S Ortiz Ente rises 199 Guava Street Bridge 02-235; CIP 8323 Murrieta 64,601.00 C 17078 P Murrieta, Ci of Pedestrian Safety Enhancement Pro~ecl 16-400/16-401 Murrieta 424,779.00 C 17079 S American As halt South 2017-35 Rimrock Road and Other Roads WO TX1769 Barstow 44,350.00 C 17080 S Hot Line Construction Perris Boulevard Moreno Valle 6,750.00 C 17081 S Excel Pavin Co. Residential Street Rehab &Storage Lot Improvements 40190 & 20740 Redondo Beach 256,595.00 C 17082 S Hard & Ha er Const Curb &Gutter Grand Terrace 15,125.00 C 17083 P West Covina, Ci of Maintenance Work West Covina 6,235.00 C 17084 S William L on Homes Calistoga R&R Irvine 8,500.00 C 17085 S Excel Pavin Co. 5474 Manhattan Beach Bivd Pavement Resurfacinc Manhattan Beach 120,508.00 C 17086 S United Engineerin and Constructior Rte 5 San Juan Ca istrano and Irvine 12-OH5304 San Juan Ca sitrano &Irvine 3,200.00 C 17087 S RJ Noble Com an 9243 Los Patrones Parkway Roadway Improvements Rancho Mission Ve~o 444,690.00 C 17088 S Excel Pavin Co. 5478 Island Overlay Garden Grove 110,472.00 C 17089 P Riverside, Ci of 7477 2016/2017 Arterial and Minor Streets Maintenance Riverside 4,539,000.00 C 17090 S Paulus En ineerin Const 4" Sidewalk Costa Mesa 7,493.00 C 17091 S Close and Com an / DCI Grade & Recompact Pad San Jacinto 23,000.00 C 17092 S Hard & Ha er 19674 Redwood Header Eastvale 34,450.00 C 17093 S Sierra Pacific Electrical 6231 Ave 42 Traffic Signal Installation TS1601 Indio 74,500.00 C 17094 S Belco Pennsylvania Ave. -Santa Monica College Santa Monica 259,621.50 C 17095 S RJ Noble Com an 9247 Esencia Drive Street Improvements Rancho Mission ve~o 29,820.00 C 17096 S Ace Fence Co Lawndale Elements Schoo Lawndale 39,988.00 C 17097 S Ortiz Ente rises 192 60/57 Exchange 07-279114 Diamond Bar 318,941.00 C 17098 P Rancho Palos Verdes, Ci of 2016-2017 Annual Sidewalk Repair Rancho Palos Verdes 183,548.00 C 17099 S Trautwein State College & 91 FWY 33,600.00 C 17100 P Planet Home Living Tract 17921 Costa Mesa 29,711.00 C 17100A P Planet Home Livin Tract 17640 Costa Mesa 25,374.00 C 17101 S Belco SR 62 &Lear Ave Traffic Signal Twen Nine Palms 133,036.00 C 17102 S PAULUS Pressure Reducing Station #1 1100000173 Anaheim 27,320.00 C 17103 S Shimmick 213 Del Mar Bridge Repiacemenl RDC0012721 San Gabriel 219,362.00 C 17104 P Palm S rin s, Ci of Crosswalk Installation CP 16-13 Palm S rin s 399,999.00 C 17105 S RJ Noble Com an 91590 As halt Overal Resurfacing STPL-5955 097 Oran e Coun 23,780.00 C 17106 S RJ Noble Com an 91600 Lambert Road Bikewa Im rovement Pro'ect BREA 4,000.00 X la 1L1'i- {fit-Ak3t~6-GOfi~211V ^~ 62-1 :,~f~fl6-~-2~A48fi~4 :'-Ah1~i~14 1 `~2g:II~ C 17108 S Shawnan 297 Local Street Improvements 2017 Hawthorne 158,800.00 C 17109 S Arizona Pi eline 604820 SCE OMICRON 12KV Whittier 22,617.00 C 17110 S Shimmick 191-031 Grandsen Pump Station Ph 2 Moor ark 94,975.70 C 17111 S Arizona Pi eline 704735 Misc Concrete Irvine 11,100.00 C 17112 P C stal Cove Communi Association 800346 Crystal Cove Area 48 New ort Beach 1,521,383.22 C 17112A P Inrine Communi Develo ment Co, LLC 4500120964 Crystal Cove PA 4A & 4B) Pavement Rehab Tr. # 16482, 16455, 16456, 16605 New ort Beach 703,339.40 C 17113 S Pavement Re din S stems 1730021 Casa Linda Drive &Coronado Rehat Needles 46,816.50 C 17114 S RJ Noble Com an 91612 State Colle e Blvd Rehab Fullerton 464,721.00 C 17115 S California Professional En ineerin Pedestrian Crossing on Vlla Street Pasadena 21,610.00 C 17116 S Arizona Pi eline 704716 Van Brocklin 12KV Fountain Valle 46,654.00 C 17117 S Arizona Pi eline Edison SC Warriors Westminster 23,192.00 C 17118 S Irvine Communi Develo ment Co, LLC Orchard Hiils - Entrada Area #50 Irvine 46,645.00 C 17119 S Irvine Communi Develo ment Co, LLC Orchard Hills - Terrazza Area #51 Irvine 42,223.00 C 17120 S California Professional En ineerin 1748 Tyler Ave &Thieves Ave South EI Monte 53,050.00 C 17121 S Arizona Pi eline 704734 Reset Pavers Ne oR Beach 3,388.00 C 17122 S SUKUT Construction 1246 Moffett Drive &Legacy Road Extension CIP 70231 Tustin 635,088.00 C 17123 S Buildin Collaborative, Inc. Moreno Valley Gateway Secure Parkins Moreno Valle 405,455.00 C 17124 P Seal Beach, Ci of 2017 Annual Concrete Repair CIP ST1704 Seal Beach 48,450.00 C 17125 S RJ Noble Com an Corona AC Plant Corona C 17126 S Arizona Pi eline 704812 She herd 12KV Mission Vie o 9,470.00 C 17127 S Vance 2017-05 Kitching Street Substation 805 0027 Moreno Valley 60,821.00 C 17128 S Trautwein Construction 1710 Jackson Street Recycled Water Pipeline Project #7465 Riverside 16,718.50 C 17129 S Arizona Pi eline 704810 Sling 12KV Mission Ve~o 8,352.00 C 17130 S International Line Builder: Wood Streets Phase 2 Riversdie 69,891.00 C 17131 S Arizona Pi eline 704737 MISC C&G Huntin ton Beach 2,400.00 C 17132 S Arizona Pi eline 704134 106 MAIN STREET Ne ort Beach 24,030.00 C 17133 S Hard & Ha er 20685 Pavement Rehab Project 2017-2017 San Marino 261,227.00 C 17134 S RJ Noble Com an 9259 Access Road 8~ Trailer Parking Lot Rancho Mission Ve~o 28,080.00 C 17135 P Ci of Riverside 7491 Street Improvements at BNSF Rail Crossings at Chicago Ave Riverside 334,925.00 C 17136 S Se uel Contractors 522 South Infrastructure Improvement Re-Bid MR-011 Monrovia C 17137 S California Professional Engineerin 17-3052 Chapman &Collins TS Mod Orange 62,400.00 C 17138 S Arizona Pi eline 704743 Marguerite Ave. Inlet Dr Ne ort Beach 9,019.00 C 17139 S Alcorn Fence Co. R0404-13 Caltrans 08-1E9714 Palm Desert 11,400.00 C 17140 S Arizona Pi eline 704744 Slurry Seal La una Woods 7,546.00 C 17141 S RJ Noble Com an 91619 Caltrans 12-ON6004 Brea 1,666,550.00 C 17142 S RJ Noble Com an 91617 Citywide Street Improvements for Var Streets #17-18 Westminster 146,890.00 C 17143 P Ci of Los An eles Sidewalk Repair Program WO E1908275 Mission Hilis 64,733.49 C 17144 S Excel Paving Co. 5522 Paramount Blvd Median Improvements 21272 Pico Rivera 183,040.00 C 17145 S Irvine Communi Develo ment Co, LLC Eastwood - PA 56 -Phase 2 Irvine 12,980.00 C 17146 S Calmex 17-714 Caltrans 08-1 C0604 Palm Desert 91,895.00 C 17147 S Vance 2017-06 Yucaipa Blvd Street Improvements 10771 Yucai a 851,218.50 C 17148 S Excel Pavin Co. 5537 Maxella Ave Sidewalk WO E1908013 Los Angeles 13,765.00 C 17149 S Sierra Pacific Electrical 6208 McKenna Pointe Lake Elsinore 25,500.00 C 17150 S Arizona Pi eline 704813 SCE Tolar Irvine 8,184.00 C 17151 S RJ Noble Com an 91622 Capistrano Vllas Street Pavement Report 18101 San Juan Ca sitrano 389,442.00 C 17152 P Riverside 7360 Arlington Ave Widening HSIPL-5058 092 Riverside 718,858.00 C 17153 S RJ Noble Com an 91623 Park Ave Im rovements Tustin 84,910.00 b .-r:~,n nun-r a ~cr_ cc.c ~+~ ; ~,i: C 17155 S Chumo Construction 301 Rte. 55 Cw'b Re lacement 12-OM5004 N rt Beach 30,937.00 C 17157 S Mike Prlich and Sony 1052 2017 Sanitary Sewer Facilities Rehabilitation Projec 50150 Redondo Beach 7,401.73 C 17158 S Arizona Pi eline 704742 Bassoon 12kv Aliso Vie'o 22,711.00 C 17159 S Park West RESCOM 225 Cucamonga Creek Channe Ontario 19,546.00 C 17160 S GCI Construction 522 Mission Hos ital 750 Zone Service Mission Vei o 29,628.00 C 17161 S Sierra Pacific Electrical 6288 Horse Creek Ridge Fallbrook 24,850.00 C 17162 S Dream Builders Construct Curb 08-1 E3124 Vctorville 28,222.50 C 17163 S Arizona Pi eline 704752 La Paz Rd Mission Vie"o 4,990.00 C 17164 S Belco 140176 TS Installation Ontario 16,250.00 C 17165 S Manna Landsca e 117077 RESIN ION EXCHANGE CORONA 9,495.00 C 18000 R Arizona Pi eline Misc. "obs Misc. Rentals C 18001 R Calmex En ineerin Misc. Rentals C 18002 R Constn~ct 1 Misc. Jobs Misc. Rentals C 18003 R Excel Pavin Co. Misc. Rentals C 18004 R Griffith Com an Misc. Rentals C 18005 R HARDY &HARPER Misc. Rentals C 18006 R Hot Line Construction Misc. Rentals C 18007 R Mark Com an Misc. Rentals C 18008 R Matich Co oration Misc. Rentals C 18009 R Paulus Engineerin Misc. Rentals C 18010 R R.J. Noble Com an Misc. Rentals C 18011 R Shawnan Misc. Rentals C 18012 R SUKUT Construction Misc. Rentals C 18013 R Sull -Miller Rentals Misc. Rentals C 18014 R Sierra Pacific Misc. Jobs Misc. Rentals C 18015 R Nobest Misc. Jobs Misc. Rentals C 18016 R Wasden Construction Rental Lake Forest N/A C 18017 S Arizona Pi eline 804703 oming 12KV Fullerton 16,230.50 C 18018 S MSL Electric 4521 #850 Signal - Carmenita &Cambridge Santa Fe S rin s 77,536.50 C 18019 S Irvine Communi Develo merit Cc Orchard Hills - Vsta Scena Area #56 Tract 16726 Irvine C 18020 S Genesis Construction 18-599-108 Post Rd. H dro Booster Station 1310W PERRIS 43,345.00 C 18021 Ventana Homes Garden House Tract 73822 Bellflower 263,040.00 C 18022 S Boudreau Pi eline 17564 Serrano Summit Tract 17331 Lake Forest 243,335.50 C 18023 S Pavement Coatin s 1686023 R&R Headwall Bone o S rin s 14,250.00 C 18024 S Excel Pavin Co. 5529 Rose Bowl Lot M Im rovements Pasadena 7,820.00 C 18025 S Shawnan 292 Misson Road Rehab Alhambra 27,000.00 C 18026 S Marina Landsca e 117101 Knox Ave &Citrus Ave Landscape Fontana 106,159.50 C 18027 S Irvine Pacific LP Eastwood PA 56 - Belvadere Area #59 Tract 17854 Irvine 100,075.00 C 18028 S Irvine Pacific LP Eastwood PA 56 -Helena Area #57 Tract 17861 Irvine 58,969.00 C 18029 S Arizona Pi eline 704155 1701 BAYADERE TERRACE WALL Ne ort Beach 80,039.00 C 18030 P Cit of Pomona Transit Improvement Program Ph III 216-68545 Pomona 69,920.00 C 18031 S TTS En ineerin 18122 Mission Ve'o MOB Mission Vie~o 10,110.00 =/ak3~-1--.anHr2{-~;~tlkr: ~ ~n A~Airthhr, , ;'~:}ttr- r 398!2:3:(1!_1 C 18033 R Mike Prlich and Sony Misc. Rentals Vanes C 18034 S Excel Pavin Co. 5545 Pavement Rehab Program Commerce 33,000.00 C 18035 S R.J. Noble Com an 9283 District 5 - A Street Irvine C 18036 S R.J. Noble Com an 9284 District 1 -West Master Backbone Irvine C 18037 S Powell Constructors 765 Caltrans 07-300404 Los Angeles 366,000.00 C 18038 S JMI Parking Lot 4 at C press College C ress 185,512.30 C 18039 S Excel Pavin Co. 5553 Street Rehab Project #13-01 Com ton 382,094.50 C 18040 S USS Cal Builders 288 Moffett Drive Extention Bridge Tustin 199,398.40 C 18041 S Arizona Pi eline 804705 Quail Street &Spruce Ne ort Beach 6,500.00 C 18042 S Arizona Pi eline 804702 CSW Tee 12KV Fullerton 16,845,75 C 18043 P Anaheim, Ci o1 Alderdale Neighborhood Rehat W.O. No. 6 Anaheim 499,253.00 C 18044 P Ci of West Holl ood Concrete Repair Program East Side - Ph VII CIP 1801 West Holl ood 316,300.00 C 18045 S Park West Rescom PWR-262 District 4 Artist Walk Master Backbone TRACT 810 Irvine 525,775.05 O 18046 S Shawnan 307 Westside Roadways, Sewer Dry Utilities and Slope LandscapE IBC-0386 Indust 1,539,614.00 C 18047 S Arizona Pi eline 704804 Pour Bridge PCC Irvine 41,140.00 C 18048 S Ortiz Ente rises Inc 201 Caltrans 07-286604 07-286604 LA Coun -Various 47,605.00 0 18049 S Shawnan 308 Port of LA - 2018 / 2020 Site Improvements C 18050 S Arizona Pi eline 804706 Agena 125KV Costa Mesa 7,928.00 C 18051 S Arizona Pi eline 804801 Project Greenbay Huntington Beach 7,280.00 C 18052 S DOTY BROTHERS MISC PAVING JOBS VARIES C 18053 S RJ Noble Com an 91629 Turnmont St &Del Amo Blvd Rehab 1547, 1411, 1393 Carson 450,488.00 C 18054 S Dreambuiider Caltrans 08-0L7104 San Bernardino Coun 479,390.00 C 18055 S Inrine Pacific LP Stonegate Area #61 Tract 17327 Irvine 14,230.00 C 18056 S Shawnan 309 EI Segundo Blvd Mobili Im rovement~ 15-03 Hawthorne 523,350.00 C 18057 S SUKUT Construction 1268 Lakewood Storm Water Run Off Lakewood 242,931.00 C 18058 P Riverside, Ci of 7523 2017/2018 Arterial 8~ Minor Streets Maintenance - Ph Riverside 2,376,001.00 C 18059 S SUKUT Construction 1265 Clinton Keith Rd. - Ph 4 Murrieta 545,949.00 C 18060 S Rubidoux Communi Services Dist. TANK PAD C 18061 P Riverside, Ci of Bid 7529 2016!2017 CDBG ADA Footpath Improvements Riverside 163,602.00 C 18062 P Hermosa Beach, Ci of ADA Curb Ramp and Sidewalk Repairs on PCF CIP 16-185 / 16-184 Hermosa Beach 264,000.00 C 18063 P Riverside, Ci of Bid 7525 2017/2018 SB-1 Maintenance &Tragic Impt~ Riverside 2,394,435.75 C 18064 P Santa Ana, Ci of Westminster Ave 15-6825 / 18-6902 Santa Ana 1,399,000.00 C 18065 S Arizona Pi eline 804709 Launga Hills Cap La una Hills 8,623.00 C 18066 P Anaheim, Ci o1 563-412-A746-7892 Convention Center Ramp Anaheim 10,665.00 C 18067 S Irvine Pacific LP Eastwood PA 58 -Petaluma Area #63 Tract 17954 Irvine 41,854.55 C 18068 R Iniine Concrete Cuttin & Corinc Misc. Rentals C 18069 S Sierra Pacific Electrical 6328 Summerly PI 8~ Diamond Dr Lake Elsinore 50,000.00 C 18070 S Hard & Ha er 21017 Santa Ana Station Refurbishment Projec~ M17-002A Costa Mesa 9,225.00 C 18071 S Hard & Ha er 20773 Second Lower Feeder PCCP Rehabilitatior Long Beach 13,450.00 C 18072 S RJ Noble Com an 91637 Avenida Empressa Pavement Rehabilitatior Rancho Santa Mar arita 9,375.00 C 18073 P New Home Com an AC Repairs New ort Beach 133,353.99 C 18074 S Excel Pavin Co. 5572 Ontario Munici al Services Center Pavement Rehab Projec UT1003 Ontario 416,475.00 C 18075 S RJ Noble Com an 9293 Rancho Los Cerritos Asphalt Driveway Lon Beach 18,600.00 C 18076 S RJ Noble Com an 9289 Cow Camp Rd 1C Gap Street & SMWD Improvements 035C-1209 Rancho Mission Ve o 67,230.00 C 18077 S Irvine Pacific LP Portola Springs Rd PA 6 NH SA -Area #65 Tract 17964 Irvine 19,532.00 C 18078 S RJ Noble Com an 32 Annual Pavement Maintenance Project at Various Location: #SP-4045 Oran e C 18079 S GCI Construction 540 Sewer Lift Station Improvement Project Norco 40,070.75 C 18080 S RJ Noble Com an 91640 Rancho California Rd. Pavement Rehabilitation Progran PW17-26 Temecula 36,000.00 C 18081 S RJ Noble Com an 91648 Bel Air Neighborhood W-3 WO #7 Rehabilitatior Anaheim 78,904.50 C 18082 S Arizona Pi elinE 804718 SCE Outrigger Huntin ton Beach 10,160.00 C 18083 S Matich Co oration 18-026 Paris 2017 Resurtacing Project 41501 Redlands 159,231.00 C 18084 S Veterans En ineerin ,Inc. EnCorr Bridge Improvements Ontario 35,655.00 C 18085 P Com ton, Ci of Citywide Pothole Repair Services Project 640,000.00 C 18086 S JF Shea 617 San Manuel Foothill Pipeline Relocatioi Hi hland 63,626.50 C 18087 S RJ Noble Com an 91659 Irvine Ave Pavement Rehab Project 8515-2 New ort Beach 424,750.00 C 18088 S RJ Noble Com an 91644 Caltrans 08-1 F9404 Riverside Coun 596,770.00 C 18089 S RJ Noble Com an 91650 Caltrans 12-ON6504 Irvine C 18090 S Hard & Ha er 20995 WC Small Mains Rialto 91,900.00 C 18091 P Riverside, Ci of Bid 7541 2017/2018 RTA Bus Pad Improvements Riverside 987,900.00 C 18092 S TRAXX Construction 18-505 156 St. Elements School Gardena 10,799.64 C 18093 S Irvine Pacific LP Portola S rings Rd PA 6 NH 3 -Area #64 Tract 17835, 17832 Irvine 50,291.26 C 18094 S W.M. L les 55.1149 Palm S rings VWVfP U rades CP 15-14 Palm S rings 61,257.96 0 18095 P Hermosa Beach, Ci of PCH Improvements at Aviation Blvd and Pier Ave CIP 12-160 Hermosa Beach 370,980.00 C 18096 S RJ Noble Com an 91657 Anaheim Island Arterials Grind & Overla and PCC Repairs #C017031 Anaheim 105,825.00 C 18097 S TRAXX Construction 18-108 AC Repair Berth 54 - POLA San Pedro 25,017.75 C 18098 S Paafic H drotech 1809 Huntington Beach Weil 1 Huntington Beach 45,132.00 C 18099 S RJ Noble Com an 91660 2018 Pavement Rehab & Aliey Reconstructior Ontario 1,023,910.00 C 18100 S RJ Noble Com an 91646 McKinley St. Reconstruction Project #C6-0079 Home Gardens 137,280.00 C 18101 S RJ Noble Com an 91645 FY 2017-18 Annual Street Rehabilitatior Villa Park 13,000.00 C 18102 S Vance Co 2018-03 Dinah Shore Pavement Rehat CIP 17-335 Rancho Mira e 32,790.00 C 18103 S Co Contractin Pomona Ave Pavement Rehab #18-03 Costa Mesa 130,694.50 C 18104 S RJ Noble Com an 91661 Jefferson Ave & Murrieta Hot Springs Rd Rehat 18-416 Murrieta 47,500.00 C 18105 S Paulus En ineerin 1111 SMWD Zone C RW Mission Vie o 6,400.00 g~ 8t~ =~,2~5~5: C 18107 S Ma6ch Co oration 18-037 Pavement Rehab at 10 Locations 13194 San Bemarclino 590,050.00 C 18108 S RJ Noble Com an 91662 Major Street Maintenance FY 201E 28301 San Clemente 104,595.00 C 18109 P Riverside, Ci of 7558 Selkirk Ave Street Improvements Riverside 230,225.00 C 18110 P Riverside, Ci of 7564 2017/2018 CDBG ADA Footpath and Street Improvement: Riverside 663,070.00 C 18111 S Chumo Construction 305 Caltrans 07-312304 LA Coun -Various 124,810.00 C 18112 S Excel Pavin Co. 5620 Downtown LA Layover Site Improvements Los An eles 46,545.75 C 18113 S Hard 8 Ha er 20910 Brickmore Ave Street Improvements Chino 79,526.00 C 18114 S Matich Co oration 18-028 2018 Pavement Rehab 18-01 Palm S rin s C 18115 S RJ Noble Com an 91668 Annual Street Rehab and Slurry Sea CIP 311901 Irvine 338,800.00 C 18116 S Crosstown Electrical 4068 Vsion Zero -Phase 2C ECM0019D & ECM0031 D Las An eles 457,000.00 C 18117 S California Professional En ineerin ,Inc 18140 Pacific Electric Trail at Maple Ave Fontana 15,000.00 C 18118 S B&D Construction Co. Inc 822 Scattergood Unit 3 Demo Pla a Del Re 28,960.00 C 18119 S Hot Line Construction Locust 12KV Torrance 106,792.00 C 18120 S Crosstown Electrical 3368 Caltrans 07-308604 South Gate 18,300.00 C 18121 S Stice Com an 217032 Furnish &Install Redwooc Irvine 14,175.00 C 18122 S Vance Co 2018-04 Vctona Ave Pavement Rehab STR 17002 Hi hland 17,580.00 C 18123 S Belco 140304 Tragic Signal at Palm Drive and Camino Aventur~ 2018-08 Desert Hot S rin s 127,030.00 C 18124 P Merits e Homes Costa Mesa ;g~5 ~aat~: +-3~88a C 18126 S SUKUT Construction 1242 Heacock Channel Drivewa Moreno Valle 97,675.00 C 18127 P New ort Beach, Ci of 7442-1 Street Pavement Repair Program Ne ort Beach 422,630.00 C 18128 S Pierre Landsca e 22677 Downe Courthouse Retaining Wai FM-005 Downe 74,561.50 C 18129 S RJ Noble Com an 9320 Citrus Ave and Curtis Ave Improvements Fontana 115,520.92 C 18130 S Hard & Ha er 21168 Baker Elementary School EI Monte 37,040.00 C 18131 S Aldrid e Electric 195161 Interstate 5 Arterial Improvement Project 1427 Burbank 59,110.00 C 18132 S Aldrid e Electric 195162 SR-134 Arterial Improvements Ph 2 1428 Burbank 140,275.00 C 18133 P Manhattan Beach, Ci o1 118419 Marine Ave Improvement Project Manhattan Beach 1,294,521.00 C 18134 S Autobahn Construction, Inc Caltrans 08-1E4604 Hemet 1,741,100.00 C 18135 S RJ Noble Com an 9321 D5 Master Backbone Street Im rovements Irvine 631,730.00 C 18136 S RJ Noble Com an 91671 Antonio P .North & Ladera Ranch Locals Grind &Overlay ER20550 Ladera Ranch 21,600.00 C 18137 S RJ Noble Com an 91673 Street Rehab Project -Zones 2 & 5 18-16 Costa Mesa 270,910.00 C 18138 P Redondo Beach, Ci o1 40810 PCH at Torrance Blvd NB Rigth Tum Lane Project Redondo Beach 555,705.00 C 18139 S Paulus Engineering 1113 Rockfield Zone 4 to 3 Valve Irvine 8,320.00 C 18140 S Hambri ht Concrete Pad @Cal State Long Beach Lon Beach C 18141 S T.E. Roberts 5724 Katella Ave Water Main Replacement Anaheim 779,500.00 C 18142 S Hard & Ha er 20876 MWD LA-30 Connection Los An eles 110,050.00 C 18143 S Hard & Ha er 21269 Lower Acacia Reservoir (1D) Fullerton C 18144 S MSL Electric 4543 Traffic Signal at Moulton Pkwy &Gordon R~ La una Hills 26,910.00 C 18145 S Hot Line Construction 100248 Canyon Crest Cable Repalcement Section 1 F Riverside 37,177.00 C 18146 S Excel Pavin Co. 5614 Frazier Street Pedestrian &Bicycle Safety Improvements CIP-027 Baldwin Park 225,312.50 C 18147 R ONYX Misc Jobs C 18148 S EBS Utilities Ad~ustin ,Inc. / VSS InYI 185137 Paving 2018-2019 A le Valle 51,000.00 C 18149 S Bender O tometric Grou 40642 DI Tustin Tustin 56,358.96 C 18150 S Pacific H drotech C1831 West Haven Reservoirs Rehab Garden Grove 24,650.00 C 18151 S Hard 8~ Ha er 21284 Reservoir No. 2 and Pump tation Rehab /Walnut treet form Drain Pump Station WU846 & DF996 Fountain Valle 602,160.00 C 19000 R Arizona Pi eline Misc. ~ob~ Misc. Rentals C 19001 R Calmex Engineering Misc. Rentals C 19002 R Construct 1 Misc. Jobs Misc. Rentals C 19003 R Excel Paving Co. Misc. Rentals C 19004 R Griffith Com an Misc. Rentals C 19005 R HARDY &HARPER Misc. Rentals C 19006 R Hot Line Construction Misc. Rentals C 19007 R Mark Com an Misc. Rentals C 19008 R Matich Co oration Misc. Rentals C 19009 R Paulus En ineerinc Misc. Rentals C 19010 R R.J. Noble Com an Misc. Rentals C 19011 R Shawnan Misc. Rentals C 19012 R SUKUT Construction Misc. Rentals C 19013 R Sull -Miller Rentals Misc. Rentals C 19014 R Sierra Pacific Misc. Jobs Misc. Rentals C 19015 R Nobest Misc. Jobs Misc. Rentals C 19016 R Wasden Construction Misc. Rentals C 19017 S Paris West Rescom PWR286 D1 West- Day 1 -Landscape Impts Irvine 80,172.25 C 19018 S Excel Pavin Co. 5618 Rialto Metrolink Parking Lot Expansion Project, Ph ~ 170808 Rialto 99,930.00 1 19 Manna Landsca e 11 101 ustin egacy near ar egment ustin 706,340.40 C 19020 S JF Shea 595 GRIP-AWT~F Pro~ect Pico Rivera 1,582,102.00 0 19021 S Woodside Homes Menifee "Silvertrail" Tract Tract 36788 Menifee 415,866.00 C 19022 S PTM General En ineerinc P18-35 HAWK Pedestrian Signals on Dinah Shore Dr 617-06E Cathedral Ci 60,825.00 C 19023 P Manhattan Beach, City of The Strand Resurfacing Project Manhattan Beach 159,800.00 C 19024 P Santa Ana, Ci of Omnibus Concrete Repair Project 16-6864 &18-6864 Santa Ana 141,240.00 0 19025 S Walsh Construction 218132 OC Streetcar Construction Pro~ect IFB 7-1904 Santa Ana 1,294,109.28 C 19026 S California Professional Engineerinc 1901 Signal Installation Pro~ect at Talbert and Mt. Washingtor Fountain Valle 147,830.00 C 19027 S California Professional En ineerinc 1903 Olive Ave Corridor Lighted Crosswalk CP1879 Porterville 118,600.00 C 19028 S Excel Paving Co. 5623 San Fernando Road Street Improvements San Fernando 54,390.00 C 19029 S Comet Electric 18-156 Traffic Signal at Washington Blvd & Cattaraugus Ave Culver Ci 87,500.00 C 19030 S Manna Landsca e 119002 Median Landscape Im rovements for La Mirada / Rosecran~ La Mirada 373,407.50 C 19031 S SUKUT Construction 1292 West Fontana Channel Fontana 731,490.00 C 19032 P Meritage Homes 25705209950 Tesoro Tract 34794 Riverside 219,959.10 C 19033 S Ace Fence 11563 Lone Pine Canyon Rd Guardrail Re lacemen WO H14884 Wri htwood 59,318.75 0 19034 P Anaheim, Ci of Master Agreement or oncrete Repair, onstruction, Assessment & Immediate Response Services Anaheim N/A C 19035 S Pascal &Ludwig 3194 Dyer Road Well Field Surge Tanks 05473 & 06165 Santa Ana 18,646.50 C 19036 S Hard 8~ Ha er 21377 Area 4 Pavement Resurfacing Project Walnut 126,910.00 C 19037 S Williams Pi eline Contractors, Inc. EI Rancho Vista Area Infrastructure Im rovements 53012 Fullerton 139,930.00 C 19038 S Merita e Homes 65097832 SAGE Rancho Mission Ve~o 84,910.00 C 19039 S Traxx Construction 19-500 KRS 055 -Kaiser Woodland Hills Woodland Hilis 255,695.00 O 19040 S Flatiron West 3208 Redlands Passenger Rail Project 17-1001705 San Bernardino & Redland<. 3,563,345.02 C 19041 S On x Pavin Co. 18-115 Desert Vew Ave Street Im rovements Desert Hot S rin s 69,750.00 C 19042 S Re es Construction Laguna Niguel to San Juan Ca .Passing Siding Projec IFB 7-2018 La una Ni uel 323,762.00 C 19043 S Alfaro Communications Constructior Tustin Street and Meats Ave Intersection Ri ht-Turn Lane Oran e 50,692.00 C 19044 P Com ton, Ci of 2019 Citywide Pothole Repair Services Com ton 960,000.00 C 19045 S W.M. L les 55.1145 Wastewater Reclamation Facility Project Yucca Valle 205,214.60 C 19046 S R.J. Noble Com an 91677 Lincoln Ave Resurfacing 2018-19 Oran e 22,440.00 C 19047 S Izurieta Fence Caltrans 07-4T9504 Los An eles 78,630,00 C 19048 P Fountain Valle , Cit of GF403 Allen Park Walkway Improvements Fountain Valle 47,640.00 C 19049 P Temecula, Ci of PW18-07 Citywide Concrete Repairs FY 17-18 Temecula 301,290.00 C 19050 S TE Roberts 5818 Vne Street, Drifwood PI and Half Moon Court WaterlinE Norco C 19051 S Stur eon Electric California, LLC 7750058 Santa Rosa Rd /Hill anyon Intersection ~ Agoura Rd /Village Glen Ave Left-Turn Lane Signal Upgrade CI 5423 & CI 5354 Thousand Oaks 35,470.00 C 19052 P Lake Forest, Ci of Street Sidewalk Rehab & Replacemen~ PW2018-10 Lake Forest 67,535.00 C 19053 S Merita e Homes R&R - Misc Conc Huntinton BeacF C 19054 S Manna Landsca e 118111 Library Camarillo 16,094.00 S9.`-x ; N <r ,~~~~_ss4;: ~=racr-7~-~&7 ,~41;iowa; C 19056 S Excel Pavin Co. 5646 FY 18/19 SNAP Parking Lot &Beach Parking Lot SP2477 Santa Monica 123,809.00 C 19057 S R.J. Noble Com an 91683 Macarthur Blvd and University Dr Pavement Rehat C-7183-2 Ne ort Beach 185,750.00 C 19058 S EBS Concrete 1909 The Avalon Apartment Complex Tustin 100,550.00 C 19059 S Excel Paving Co. 5641 Laurel Ave Street Improvements Glendora 69,278.50 C 19060 S R.J. Noble Com an 91680 Albertoni Street Rehabilitation Project 1603 Carson 339,426.00 C 19061 S R.J. Noble Com an 91686 Imperial Highway at Big Sky Rehat Anaheim 13,712.00 C 19062 S Izurieta Fence Phase 3 Fencing Im rovements Azusa 37,025.00 C 19063 P Santa Ana, Ci of Residential Street Repair Program & Alle Improvement FY 17/1E 18-7526,18-7527,18-6910 Santa Ana 874,300.00 C 19064 S Paulus En ineerinc 19530 Acacia Hill Sewer Repair Yorba Linda 2,880.00 C 19065 S Rubidoux Communi Services Dist. 9150 GAC Slab at Well #4 Rubidoux 17,530.00 C 19066 S R.J. Noble Com an 91687 Caltrans 12-OR2804 La Mirada / La Habra 8,775.00 C 19067 S Excel Pavin Co. As halt Repairs East of Newlana JOC 2018-19 Midwa Ci 22,610.00 C 19068 S Southern Contractin Cc 80376-576 Pole Relocation Pro ect Ph 3 RPU 7543 Riverside 23,090.00 C 19069 S TE Roberts 5523 Emergency Sewer &Water Repair Services Santa Ana 26,634.00 C 19070 S RP Vtitow Construction Co As halt Patch Back Si nal Hill 7,320.00 C 19071 S J.F. Shea Baltimore Drive Pavement La Mesa 3,331.00 C 19072 S Merita e Homes Orchard S uare - As halt T&M Chino C 19073 S PTM En ineerin 18-42 Rails to Trails Corridor Lighted Crosswalks CIP-1880 Porterville 44,825.00 C 19074 S United En ineerin & Constrtictior North Spring St. Viaduct Widening &Rehab - Ph ~ STPL-5006 563 Los An eles 169,638.50 .. ~h~'. '•': ~- -~~-~Jr~ .. 1.~ , ~ ,! 1~1F1~C3ii - LSB~Fr~ 1 a rans - anta a a eirr 114, 1 . C 19077 P Riverside, Ci of 7641 2018/2019 SB-1 Maintenance & Tragic Impt~ 7641 Riverside 5,238,400.00 C 19078 P San Clemente, Ci of Street Rehab for Ave. Navarro, Calle Los Molinos, Calle de Industrias 16352 & 16353 San Clemente 1,062,210.50 i~f-y ~3{Gc}i-~iCf~84 d~<,O(liF3GiOl~ if3iUUf t~{Vd. iVicJQteil-GiT#Pf ()Vb`ti1L'Fi~6 ~.OS~3 jV{6Sc7 .i.~.b-~-~~J C 19080 S Merita e Homes Misc. Pavin Winnetka :SD8~ ;~a{ R-ala~ia4e 84-~7~5~ C 19082 S TE Roberts 5803 La Quints Irrigation Distribution Improvemern La Quints 8,750.00 C 19083 S Kana Pi eline 1915 Chino 16,857.15 C 19084 S Paulus En ineerinc 1129 WRF-3 Sewer Force Main Improvements 2017-20 Corona 94,423.00 C 19085 S Se uel 545 Painter Ave Street Improvements Santa Fe S rin s 28,800.00 C 19086 S Chumo 310 Caltrans 07-310704 Los An eles 459,270.00 C 19087 S Merits e Homes Portofino San Die o 29,874.50 C 19088 S Belco 14-0380 Street Lighting for Terra Vsta Parkway Rancho Cucamon a 22,027.50 C 19089 S Shawnan 315 Atlantic Blvd Corridor Improvement Project JTS-3419 Commerce TB~M 19090 Tra~oc onstruction o enwest o ege Huntinton Beach &M C 19091 R Ben's As halt Misc Rentals C 19092 R All American As halt Misc Rentals C 19093 S Merits e Homes Misc 1 0 4 avement e IGn stems, Inc. isc enta s C 19100 S Hard & Ha er Inc 21601 53rd, 54th, 55th, 57th &Hampton Street Improvements Vernon 93,152.20 C 19101 S RAM Construction 2019-027 100 Bayview ADA New ort Beach 43,061.00 0 19102 S Kiewit Infrastructure West Co. 1036-104027 Perris II Desalination Facility Project 413511 Menifee 510,721.00 C 19103 S Stur eon Electric California, LLC 7750091 Jurupa Ave at Live Oak Ave TS SB-80-DE-19 Fontana 77,578.75 C 19104 S R.J. Noble Com an 91700 Alton Ave Rehab &Drainage Repair at D-0~ Santa Ana 95,720.00 C 19105 S R.J. Noble Com an 91706 Street &Alley Pavement Repair 7680-1 New ort Beach 174,845.00 O 19106 S Excel 5685 FY 19/20 Street & Alle Im rovements Beverl Hills 699,950.00 C 19107 S Matich 18-045 Pavement Rehab of Victoria Ave, Citrus Ave, Neighboring Street. San Bernardino 165,063.36 C 19108 S Marina 119112 Malibu Hills Rd Stormwater Enhancemen Calabasas 7,165.00 C 19109 S Manna 119091 Caltrans 07-304104 Bellflower 97,230.00 1 11 asca u wi 1 ast ompton eservoir ooster ump tation om ton 4 , 19111 oncrete 1932 i age o i e ome ar an Luis bis o 123,420.7 1 11 humo onstruction 11 a rans - Various 55 0 19113 P La Habra, i of nnua i ewa ur cress amp mpts - 1- -1 a Habra 253,091. 1 114 W.M. L es 5.11 0 an ose ree ater ecamation ant itt~er o erts nua ipe ine enewa ro~ec - ran e C 19200 S R.J. Noble Com an 91694 2019-20 Annual Pavement Rehabilitatior 614 Buena Park 125,160.00 C 19201 S Alfaro Communications Construction Chapman Ave at Tustin St Right Tum Lane Improvements Bid No. 189-34, SP-3932 Oran e 45,304.50 C 19202 S Alfaro Communications Construction 08-1 H1404 Moreno Valle 58,281.96 C 19203 S Pierre Landsca e Terramor Park PA-17 Corona 266,674.75 C 19204 S Select Electric 3456 Woodn~ff Ave Traffic Signai Upgrades Downe 120,522.00 C 19205 S Paulus En ineerin 1131 ixth treet & Yorba treet Waterline Replacement &Pavement Rehab 2018-15 Corona 36,588.00 C 19206 S R.J. Noble Com an 91701 Alicia Parkway Rehab Project Aliso Vie~o 26,350.00 O 19207 S Pacific H drotech Co C1916 Water Reclamation Plant Ph IV Expansior Corona 15,577.00 C 19208 S ATP General En ineerin 19-12 McSweeny Farms -Phase 1 Punchlisi 5697 Hemet 34,500.00 C 19209 S Ferreira Construction 5163 I-15 Freeway Express Lanes Corona 139,170.00 1 1 no onstrucUon 8 avi tarn o an i coo a e e acemen Los eles 17, -i`•~~'1 {1<`1~C~GFC~2~~Ct?;~~F1.f,E!~?' i_n!::}_t_~.u rL ?: -a~-'r,C-~t,^ 8~}-~~ 12f~:c' - +'~d C 19212 S Kin men Construction 810 Reservoir 3A Nitrate Treatment Plant Rancho Cucamon a 96,750.00 C 19213 S D naledric 318067 Protected Bike Lane Main &Vision Zero Ph 2A Los An eles 47,680.63 C 19214 S Gwinco 19-104 South Archibald Ave Plume Raw Water Pipeline Ph I Ontario 125,352.00 C 19215 S Ferreira Construction 5277 ITS Deployment Phase 1 B Moreno Valle 157,200.00 C 19216 S Hot Line Construction HMPE Cable at Merlin and Percival Riverside 31,834.00 C 19217 S RJ Noble 91711 La Habra Blvd Rehab Project La Habra 281,754.00 C 19218 S RJ Noble 91705 Santa Ana Ave &University Dr RehaE ER18021A Costa Mesa 170,363.50 C 19219 S Belco 140370 Traffic Signal Mod at Gothard St &Center Ave CC 1489 Huntin ton Beach 65,930.00 19220 drid e E ectric 300015 igna triping an treet at an anue to curt an Bernardino 12,450.00 C 19300 S Marina 119070 Various Schools Fontana 56,460.00 C 19301 S Troesh Residence 1520 Kings Rd New ort Beach C 19400 S Chumo 301 Caltrans 12-OM5004 Ne ort Beach T&M C 19401 S Mike Priich &Sons 1131 FY 17/18 Annual Wastewater Main Replacemen SP2483 Santa Monica T&M C 19402 S Alcorn Fence L3875 Caltrans 07-1XN904 Glendale T&M AWor~~-+-ate C 20000 R Arizona Pi eline Misc. Rentals C 20001 R Calmex En ineerin Misc. Rentals C 20002 R Union Pavin Misc. Rentals C 20003 R Excel Pavin Com an Misc. Rentals C 20004 R Griffith Com an Misc. Rentals C 20005 R Hard & Ha er Misc. Rentals C 20006 R Hot Line Construction Misc. Rentals C 20007 R Mark Com an Misc. Rentals C 20008 R Matich Co oration Misc. Rentals C 20009 R Paulus En ineerinc Misc. Rentals C 20010 R R.J. Noble Com an Misc. Rentals C 20011 R Shawnan Misc. Rentals C 20012 R Sukut Misc. Rentals C 20013 R Sull -Miller Misc. Rentals C 20014 R Sierra Pacific Electric Misc. Rentals C 20015 R Nobest Misc. Rentals C 20016 R All American As haH Misc. Rentals C 20017 R TE Roberts Misc. Rentals C 20018 R Hillcrest Misc. Rentals !3.`~M-~;o . r^^ter ~;:.a n}-,.~n_i; -~~r_ - 7SOa~(l~~ R+ve~.si~ie O 20101 S Pacific H drotech Co 1921 The Cove Booster Pump Station Tract 30036 San Jacinto 30,163.00 C 20102 S Manna Landsca e, Inc. 119123 Tustin Legacy -Valencia Ave &Tustin Ranch Rd Parkway &Median Landscaping Improvements CIP 70247 Tustin 217,177.00 1 3 rtiz me rises 219 a tans - 1,053,97 .00 C 20104 S JF Shea J13633 ong eac a er ec ama ion an ower is ri u ion ys em Modifications WO #1682980 Long Beach 18,563.35 C 20105 S Matich 19-047 San Manuel East Reservation Infrastructure Highland 96,256.16 C 20106 S Anaheim, Ci of 125 W. Center Promenade Exit Closure /Panel Replacemen WO #01 PWCS Anaheim 329,174.46 C 20107 S Schuler Constn.ictors Keith 1220-Zone Portable Water Tank Corona 54,132.00 C 20108 S Excel Pavin 5715 Monrovia Renewal Northeast Section Infrastructure Improvemen MR-013 Monrovia 1,135,198.00 C 20108-A S TE Roberts, Inc 5928 2019 Water Main Re lacement CIP Project 670 Irwindale 6,325.45 2-0-189 slisaaylaaN~ieFa Aaa#air?~ 4H~5<3.~88 C 20110 S Bell, Ci of Misc. Repairs -Grind 8~ Domes BeII 2,280.00 0 20111 S Chumo 312 Caltrans 12-0N6604 La una Beach 40,860.00 C 20112 S Excel Paving 5725 UCI Interdisciplinary Science &Engineering Buildinc Inrine 47,762.50 2 113 nffit om an 10 40 to ium n ewood 537,291.00 C 20114 S RJ Noble 91724 Goetz Road Asphalt Overlay CIP 20-03 Menifee 79,600.00 C 20115 S RJ Noble 91726 Usta Drive Pavement Replacement 410-900-913.007 Rancho Santa Mar arita 19,221.45 0 20116 S Pacific H drotech Co C2004 Booster Station &Reservoir for the Golden Tank WO #27531226 Placentia 25,958.75 O 20117 S Pacific H drotech Co C1923 Simon Ranch Reservoir, Booster Pump Station &Pipeline Replace 60114 Tustin 139,388.70 0 20118 S Teichert 30072 Caltrans 07-312004 La Coun 466,852.00 O 20119 S W.M. L les 54.9020 N. Pleasant Valley Groundwater Desaltei Camarillo 133,140.00 O 20120 S International Line Builder: 2011505009 Vsion Zero -Phase 2D WO #E1908593 Los An eles 1,027,225.00 C 20121 S RJ Noble 91734 Scott Road & Murrieta Road TS &Intersection Impts CIP 19-06 Menifee 5,855.00 C 20122 S Stur eon 7750078 Riverside Freeway Business Centel Moreno Valle 36,800.00 C 20123 S RJ Noble 91733 JOC - Bolsa Ave. Overt EQ20533 Oran e Coun 55,921.00 C 20124 S Belco 14-0467 HAWK Si nal at Ga e Ave and Bissell S1 2019-11 Huntin ton Park 18,300.00 ~'~`:~~r ~P~',.~ SAW-Tf?~If 5i.^rR~l ?.~~=~2~IAEC} ~~~'.IZ~Fi .}ill?+"t;RCt+n ~-~~-%.~2E~=~i ,`~-~E~-~'C}ti?, .j=~1,~(~},','.. C 20126 S Excel Pavin 5676.03 Asphalt Overlay of O'Neill Dr &Sienna Pkwy PM204-003 Ladera Ranch 22,912.50 20127 J Noble 1728 ustin egacy eig or o0 out 2 ustin 1, 48, 1 C 20128 S RJ Noble 91736 Annual Pavement Maintenance at Various Location: SP-4111 Orange 47,100.00 0 20129 S Ortiz Ente rises 217 Const. of Retaining Wall No. 945 and Soundwall (Nos. 935 & 937 7170078 Los An eles 60,763.75 0 20130 S Portrait Construction S309 Bloomington Phase III Bloomin ton 735,524.69 C 20131 S Kasa Construction 2004S6 Palm Avenue Median Landscape Improvemen 0252-051-39 San Bemandinc 63,360.00 C 20132 S RJ Noble 91744 Orangewood Ave. Rehab #L167-L177 Anaheim 30,930.00 C 20133 S Pascal and Ludwi 3206A Fountain Valley Reservoir Fountain Valle 14,028.00 C 20134 S Powell 773 Burbank Bike Trail Burbank 160,225.50 C 20135 S Metco Trench Backfill 8~ Concrete Pavement Replacement Carson 19,548.00 C 20136 S RJ Noble 91749 20/21 Citywide Streets, Stanton Stanton 85,434.75 C 20137 S RAM Construction 2020014 Giulianos Peppers Garden Grove 101,971.25 C 20138 S Woodbrid e Pacific Grou , LLC Chino Hills Housing 2 LLC Chino Hills 118,030.00 0 20139 S D nalectric 320049 McCleve &Merril /Colonial &Riverside Ontario 37,150.00 C 20140 S Leatherwood Construction, Inc. 2110 Relocation of Aufdenkam Connection Trasmission Mair 10936.01 La una Hills 52,750.00 O 20141 S Select Electric 3473 Stewart &Gray Road Fiber-Optic Traffic Signa HSIPL-5334 062 Downe 307,645.00 C 20142 S Excel Pavin 5698.06 Newport Blvd. at Cowan Heights / Rockhurst Traffic Signa Task Order No. GE207-005 North Tustin 27,900.00 C 20143 S RAM Construction 2020011 Moose Toys -Concrete Pourback EI Se undo 7,055.00 C 20144 S Crosstown 3995 Generator Slab Los An eles 38,985.00 C 20145 S RJ Noble 91730 Improvements of Temple Ave Btwn Obispo Avenue &Spring S~ Lon Beach 284,944.26 C 20146 S JF Shea 625 Greg Ave Pressure ConVol Structure Pum Modificatior Los An eles 23,837.25 ?E~4-~ ~ r~n~48 alaFietK -~ 5-2~~358 C 20148 S Mike Prlich 1280 Emergency Sewer Re air Redondo Beach 5,200.00 C 20149 S Stur eon Electric 7750042 NoHo West West Hol ood 27,303.00 O 20150 S Bri htview 132556 1-405 Landscape Improvement Project Oran e Coun 0 20151 S Portrait Construction S311 Parque Vista Apartments Los An eles 182,810.82 C 20152 S RJ Noble 91763 Stadium Parking Lot Reconstruction Anaheim 10,530.00 0 20153 S GCI 616 President Pump Station Reconstruction Costa Mesa 111,542.25 0 20154 S Gu F. Atkinson Construction 150374 Caltrans 12-OK0234 Oran e Coun 1,099,063.85 O 20155 S Ortiz Ente rises Elm /Olive Street Im rovement 2019-0380 Beaumont 122,872.75 iv1aN+~a-a~clsca~ R+versfde ~:8t~ ~Hff-,~1-{~-~W F;... f -`r--~-(rt! ^1:!-A f-?~t a ~?.k':~11i~;~ .~--Alt{3c>rF. il-2fk+A[a--~--~ =~ ~ ~F~d~ ~3fi23-~BF1Ga 4~4-~4~:v:1 2015 ea 14 2 econ ower ee er e a - eac c arson O 20159 S Pierre Landsca e Santiago Park Improvements Moreno Valle 302,743.30 C 20160 S Traxx Construction 20-512 URW Topanga Expansion Cano a Park C 20200 S Pavement Coatin s Co. PJC001027 Annual Street Rehab &Slurry Sea CIP 312004 Irvine 217,300.00 C 20201 P Santa Ana, Ci of Gas Tax Local Street &Flower Street Sewer Manhole Im rovements 20-6956 8 20-6437 Santa Ana 2,546,154.00 C 20202 S Manna Landsca e 119124 Huntington Park Greenway Linear ParF 2018-08 Huntin ton Park 658,247.00 C 20203 S RJ Noble 91708 Campus Drive Pavement Rehab CIP 311604 Irvine 162,025.00 C 20204 S Ohno Construction 686 Norwalk High School Sports Fields Norwalk 234,318.00 C 20205 S RJ Noble 91717 Ann Street Improvements Santa Fe S rin s 55,050.00 C 20206 P EI Monte, Ci o1 CIP 002 Sidewalk Im rovements for Ramona Bivd and Durfee Ave EI Monte 696,476.00 C 20207 S RJ Noble 91719 CDBG Local Street Rehab Project 7923 Norwalk 119,330.00 C 20208 S Belco 14-0437 Citywide Bi Ge &Pedestrian Im rovement: 7727 Riverside 74,780.00 '~3~~A ~u~<~era ~~II-11 & =-aFlY~fe~k ~~-~3A-~9 C 20210 S Excel 5649 Orange Avenue Street Improvements Si nal Hill 85,866.00 C 20211 P Santa Ana, Ci of 20-6970 Omnibus Concrete Repairs Santa Ana 200,470.00 C 20212 S RJ Noble 91743 Rehabilitation and Resurtacin of Wamer Ave TI-275 Fountain Valle 357,558.00 C 20213 S National Demolition Contractors 249 Canne San Pedro 61,043.00 x '02-~4 ~ ;1o~i+ze Asian+.:. , ~ Katalla-AAA-#1-a Aaakaeicx~ 64.67L1:11a ~ ;'t~2~ ~<J~-P~eble IarfaaE',a ;4;84-93 0 20216 S Pacific H drotech Co C2008 Lindle Reservoir Re lacement Pro~eci Escondido 127,576.00 C 20217 P Ci of Pasadeda Norton Simon Museum Paking Lot Resurfacing Projec~ Pasadena 352,723.00 O 20218 S Excel 5759 Baldwin Park Downtown Beautification Projec Baldwin Park 221,870.50 2 21 µnnco P 002-20-101 c i a ar si e ntario 1 ,9 0 C 20220 S International Line Builder: 1811505022 Palm Canyon Pedestrian &Bicycle Safety Enhanceemen Palm S rin s 356,235.00 0 20221 S D nalectric 320028 Traffic Signal Improvs. On San Antonio &Norwalk Blvc Norwalk 27,440.00 0 20222 S Belco 140495 Upgrade Existing Marked Crosswalks On Various Arterials Proj No. 808 0028 Moreno Valle 26,800.00 C 20223 S PTM P20-10 Traffic Si nal Installation and Road Im rovements -Mari osa &Yates BM20-123 Victorville 36,328.00 C 20224 S Belco 14-0502 raffic ignal Installation, Modifications and peed adar eedback Signs 7150 & 7151 & 7152 Garden Grove 76,760.00 O 20225 S Sierra Pacific Electrical 6634 Duke Rider Perris 33,031.00 C 20226 S ACS ra ins 740 Alvarado Los An eles 9,681.00 2 2 7 J Noble 1 tura v avement e a 1 Buena ark 1 8, 5 0 C 20300 P Los An eles, Ci of C-128489 Small Sidewalk Access Request Acceleration Package No. E WO E1908705 Los An eles 60,733.90 C 20301 S Shawnan Asphalt Storage Tank 3 -Seventeen Twenty Oil Co. Corona T&M C 20302 S John Bo le Calle Grande Oran e 21 01 R a mex isc. enta s 0 21002 R Excel Misc. Rentals 0 21003 R Griffith Misc. Rentals O 21004 R Mark Co. Misc. Rentals O 21005 R Matich Misc. Rentals O 21006 R Paulus Misc. Rentals 0 21007 R RJ Noble Misc. Rentals 0 21008 R Shawnan Misc. Rentals 0 21009 R Nobest Misc. Rentals 0 21010 R All American As half Misc. Rentals 0 21011 R Hillcrest Misc. Rentals O 21012 R Se uel Misc. Rentals 0 21013 R Powell Misc. Rentals O 21014 Pavement Re clin S stems, Inc. Misc. Rentals O 21100 S Matich 20-067 Caltrans 08-1E8404 Yucca Valle 1,348,883.70 C 21101 S Conserve Landcare 20-01 West Haven (Cascade) Offsite Landscape Improvements TR18027 Ontario 22,168.00 0 21102 S Ortiz 214 Culver Blvd Realignment and Stormwater Treatment Project PR-002 & PZ-460 Culver Ci 174,731.55 0 21103 S Autobahn Constructior 20-185 Caltrans 08-1 F6004 Hemet 321,510.00 0 21104 S Hazard Construction 20034 Caltrans 11 319304 Escondido 1,092,087.50 C 21105 S American Landsca e Avenue S LMD Landscape Enhancements 758 Palmdale 39,954.75 O 21106 S Marina Landsca e 121010 Gabion Ranch -Sierra &Summit Perimeter Landscape Fontana 222,228.00 i e i ons eere ve ron age mprovemen s anta na O 21108 S Crosstown 4392 Caltrans 07-4V0204 Los An eles 132,605.00 O 21109 S Portrait Construction S315 Courtyards at Cottonwood Moreno Valle 796,848.35 C 21110 S Powell Constructors 762 Sound Wall #11 Construction C39033C1101-2 North Holl ood 19,453.50 O 21111 S Select Electric 35041140 Highway Safety Improvement Program (HSIP) Cycle 6 - RRFB Project E1907966 Los An eles 1,098,865.13 O 21112 S Crosstown FY 19/20 Traffic Signal Modification ST2006 Seal Beach 40,350.00 0 21113 P Lon Beach, Cit of PW20-084 Design-Build Services for Curb Ramps Lon Beach 9,850,550.00 O 21114 S Sta Witbeck 1604 Anaheim Canyon Metrolink Station Improvement: IFB 0-2193 Anaheim 438,132.00 O 21115 S Tra~oc 20-515 Coastline Community College - AC Trench Patcr Fountain Valle 7,245.00 O 21116 S Autobahn Construction 19-182 Caltrans 07-3118U4 Torrance 120,485.63 0 21117 S Crosstown Palos Verdes Drive South at PVD East Traffic Signal 8823 Rancho Palos Verdes 44,527.00 0 21118 S W.M. L les 55.1173 WWfP Salt Mitigation Upgrade Project Beaumont 156,019.75 0 21119 S Portrait Construction S308 Jordan Downs - Area H Los An eles 88,992.30 0 21120 S Bri htview 101953 Mission Vllage astlink ade fracture and Landscape Improvements Valencia 129,680.00 O 21121 S Excel 5763 LENDALE TRAIN TATION 1 T / LA T MILE RE I NAL IMPROVEMENTS Glendale 71,201.00 0 21122 S Calmex 21-1042 Caltrans 11-2N0574 EI Centro 32,700.00 O 21123 S Pierre Landsca e Perris High School #4 Perris 24,640.00 C 21200 S Comet Downtown Traffic Signal U grade Project Manhattan Beach 53,890.00 21 01 P M 2 -15 a uente an orecast e ve ntersection m rovement: Wa nut 55,770.00 C 21202 S RJ Noble 9386 North Main St & Parkridge Ave Street Improvements Tract 37747 Corona 69,484.50 0 21203 S Belco 140543 Install Advanced Dilemma Zone Detection System: Moreno Valle 59,610.00 0 21204 S Excel 5779 amino e Los Mares and amino De Estrella Median an avemen Improvement Project 19318 San Clemente 429,598.00 0 21205 S Sierca Pacific Electrical 6658 Cruizers Express Santa Ana Santa Ana 29,800.00 0 21206 S RJ Noble 91766 CDBG FY 2020-21 Hoover Neighborhood Street Rehabilitation SP-4342 Oran e 106,530.00 C 21207 S Su erior Pavement Markings 7651 TRAFFIC CALMING FY20-21 20-24 Palm S rin s 52,200.00 O 21208 S RJ Noble 91773 East Tustin Remedial Repair Project 70019 Tustin 67,257.00 0 21209 S RJ Noble 91779 JOC — FY 2020-21 PCC Remedial Repairs EQ20586 / PM3-001.01 Tustin 301,084.00 0 21210 S Manhole Ad~ustin ,Inc. GP20-3-2288-02 Paving the Way Ph 2 CP 878 Montebello 85,470.00 0 21211 S Belco 14-0548 190th treet King Harbor Entry ign and Pedestrian ignal Improvements 10160 / 41200 Redondo Beach 33,040.00 O 21212 S Comet Electric 21-015 Sun Valley CARE Sun Valle 71,179.95 0 21213 S Excel 5784 Arenth Ave Improvements Ci of Indust 119,664.00 xce irpo a ing o - as r er - anta onica 0 21215 S RAM Construction IFF Corona Corona 6,675.00 0 21216 R Roadwa Engineering, Inc. 1165 Perris HS #4 Off-Site Improvements Winchester 11,735.00 O 21217 S RJ Noble 91783 OCSD Commissary Parking Lot Refurbishment Anaheim 938.00 0 21218 S Bitech Construction Co., Inc. CD8 -01 Concrete Related Repairs &Related Improvements - Package A Lon Beach 27,283.00 21 19 Vance espena ar an i e aci ity 3 Hes ena 10 0 C 21300 S ache Townhomes Boardwalk Town Homes Corona 11,934.50 David Sulik 1320 E. Sixth Street Ste. 100 Corona, CA 92879 Cell: (714) 448-0764 Current Position: EBS General Engineering, INC. Corona, CA July 2001— Present General (Lead) Superintendent 2008 —Present Concrete Superintendent 2003 — 2008 Concrete Foreman July 2001— 2003 Cement Masons Local # 500 Santa Ana, CA 1980 -Present Prior Experience: Pierce Concrete &Masonry Concrete Foreman Brutoco Engineering Concrete Foreman Self-Employed —Concrete &Masonry Sullivan Concrete Co. Concrete Foreman Cement Mason Concrete Laborer Field Capabilities/Background/Experience: Yorba Linda, CA Fontana, CA Corona, CA Costa Mesa, CA 1982 —1991 1980 —Present 1978 —1980 Jan. 1999 -July 2001 Jan. 1997 —Jan. 1999 • Forming and Fine Grading • Block/Brick Work • Pour/Finish Curb &Gutter • Laser Screed Work • Pour/Finish Sidewalk • High Early Mix Work • Pour/Finish Concrete Slab • Project Supervisor • Pour/Finish Retainer Curb • Project Cost Estimation • Pour/Finish Seat Wall • Communications • Pour/Finish Footing • Employee Liaison to Management • Pour/Finish Foundation • Project Safety Officer • Pour/Finish Keyway • Customer Satisfaction • Wet Set Block/Brick 1991-1997 1978 —1991 With David's (Dave) 35 years of experience in concrete work and managerial roles, there is really nothing he can not do. If he has a set of plans or blueprints, he and his crews can build it. Dave's leadership skills, results based orientation, work ethic, and relationship building skills are among the best in construction industry and make him key instrument in the functionality of EBS's field operations. r William E. Ellis, Jr. 1320 E. Sixth Street Ste 100 Corona, CA 92879 Cell: (714) 448-1136 Current Position: EBS General Engineering, INC. Corona, CA July 2005 —Present Project Manager 2005-Present Insurance Claims Liaison 2007-Present Safety Officer 2008-Present Prior Experience: Seal Black/Helmick Asphalt Operations Manager Foreman Operator Bay Alarm Company Foreman Laborer Capabilities/Experience: Customer Relations/Service • Communications • Project Supervisor • Project Cost Estimation • Project Comprehension • Project Management • Materials Submittals/Compliance ~ Asphalt Paving Management ~ Concrete Masonry Management • Industrial Security Systems Installation Garden Grove, CA Oakland, CA April 1987 —July 2005 • Project Safety Supervisor • Employee Safety Liaison • Change Order Execution • BIT Compliance • Traffic Control Planning • SWPPP Planning/Compliance • Railroad Safety Courses • OSHA Compliance • CPR Certified • Tail-Gate Safety Meeting Organizer 1979 —1987 William (Willie) has 30 plus years experience in multiple areas of the construction industry. His experience with industrial and infrastructure construction has afforded him askill-set of high productivity within the organization. As a project manager at EBS, Willie executes contract compliance, purchase orders and sub-contracts, project review, material submittals and compliance, and coordination with various agencies, contractors, developers and engineering firms. He also helps EBS to obtain the necessary encroachment and building permits, city standards and plans, and safety programs for all projects big and small. During Willie's 30 years in the industry, he has also been intermittently certified on various safety programs such as railroad safety programs, OSHA Certified Safety programs, and CPR certification classes. His extensive and comprehensive construction background makes Willie a pivotal component of EBS's organizational structure. ,.•~ ! ~ 2 YEAR REFERENCES —PUBLIC WORKS 1. Project Name 2017/2018 Arterial and Minor Streets Maintenance Owner City of Riverside Principal Contact Phone Steve Howard, Construction Project Manager (951) 826-5708 Price of Contract Dates $2,376,001 7/2018 — 4/2019 Type of Work Street Maintenance: Minor PCC, Asphalt Grind &Pave, Adjust Utilities 2. Project Name Westminster Ave from Harbor Blvd. to Clinton St. &Clinton St. to Fairview St. Improvements Owner City of Santa Ana Principal Contact Phone Tyrone Chesanek, Principal Civil Engineer (714) 647-5074 Price of Contract Dates $1,399,000 6/2018 — 2/2020 Type of Work Street Maintenance: Minor PCC, Asphalt Grind &Pave, Adjust Utilities 3. Project Name Citywide Concrete Repairs FY 17/18 Owner City of Temecula Principal Contact Phone Avlin Odviar, Sen. Eng. (951) 693-3969 Price of Contract Dates $301,290 6/2019 — 8/2019 Type of Work Minor PCC —Curb &Gutter, Driveways, Sidewalk, Ramps, Cross Gutter 4. Project Name 17/18 SB-1 Maintenance and Traffic Improvements Owner City of Riverside Principal Contact Phone Steve Howard, Construction Project Manager (951) 826-5708 Price of Contract Dates $2,394,435 7/2018 — 10/2019 Type of Work Street Maintenance: Minor PCC, Asphalt Grind &Pave, ;adjust Utilities 2 YEAR REFERENCES -PUBLIC WORKS 5. Project Name Palos Verdes Southbound Right Turn Lane at PCH Owner City of Redondo Beach Principal Contact Phone Didar Khander, P.E. (310) 318-0661 x 2456 Price of Contract Dates $219,570 10/2017 — 7/2018 Type of Work Construction of Right-Turn Lane: Minor PCC, Asphalt Grind &Pave, Adjust Util ities 6. Project Name Citywide Pothole Repairs Owner City of Compton Principal Contact Phone John Strickland, Project Manager (310) 761-1422 Price of Contract Dates $960,000 4/2019 — 6/2019 Type of Work Pothole Preparation, Asphalt Installation 7. Project Name 17/18 RTA Bus Pad Improvements Owner City of Riverside Principal Contact Phone Steve Howard, Construction Project Manager (951) 826-5708 Price of Contract Dates $987,900 8/2018 — 2/2019 Type of Work Concrete Bus Pads at Various Locations 8. Project Name Marine Ave Improvements Owner City of Manhattan Beach Principal Contact Phone Mamerto Estepa, Sen. Eng. (310) 802-5325 Price of Contract Dates $1,294,521 1/2019 — 7/2019 Type of Work __ AC Paving &Minor 4'CC —Curb & GuttPr, Driveway, Sidewalk, Ramps 2 YEAR REFERENCES -PUBLIC WORKS 9. Project Name Residential Street Repair Program &Alley Improvement Owner City of Santa Ana Principal Contact Phone Tyrone Chesanek, Principal Civil Engineer (714) 647-5074 Price of Contract Dates $874,300 6/2019 — on going Type of Work Minor PCC —Curb &Gutter, Driveways, Sidewalk, Ramps, Cross Gutter 10. Project Name Street Pavement Repair Program Owner City of Newport Beach Principal Contact Phone Ben Davis, Civil Eng. (949)644-3317 Price of Contract Dates $422,630 2/2019 — 4/2019 Type of Work Minor PCC, Asphalt Pave City Council Agenda Item Report Agenda Item No. COV-764-2021 Submitted by: Jazmine Hooks Submitting Department: Public Works Meeting Date: September 21, 2021 SUBJECT Agreement with Cintas Uniform Rental Services (Cintas) Recommendation: Approve and authorize the City Administrator to execute a three-year Facilities Solutions Agreement with Cintas, in substantially the same form as submitted, for an amount not to exceed $50,000. Background: The Public Works Department (Public Works) has an existing agreement with Cintas for uniform rental and laundry services for its Facilities, Warehouse, Street, and Garage staff (Staff). Public Works requests that a new agreement be issued to Cintas for an additional three-year term. Under this new agreement, the Department will continue to rent uniforms and receive laundry services from Cintas for Staff. This agreement includes the Cintas Uniform Advantage Insurance Program, allowing replacement of damaged uniforms at no additional cost to the City. Further, Cintas will size each employee to ensure proper uniform fit and will provide complimentary size exchanges for employees who go up or down a size during the year. Per Vernon Municipal Code 2.17.02(B), City Council approval is required if, in the twelve (12) months preceding the effective date of a proposed new, renewed, or otherwise amended contract, the City has paid or awarded the vendor more than $100,000. In Fiscal Year 2021/2022, the Public Utilities Department awarded an agreement to Cintas for a total of approximately $80,000. With the additional proposed Cintas agreement with Public Works, the combined total for the two separate agreements would equate to $130,000, thus exceeding the $100,000 threshold. As a registered participant of the OMNIA Partners, a cooperative purchasing organization, Cintas is exempt from competitive bidding pursuant to Vernon Municipal Code Section 2.17.12(a)(5). OMNIA Partners is the nation’s largest cooperative purchasing organization for the public sector. All contracts available through OMNIA Partners are competitively solicited and publicly awarded by a lead agency, using a competitive solicitation process consistent with applicable procurement laws and regulations. Public Works hereby requests Council approval of a three-year agreement with Cintas for a not-to-exceed amount of $50,000 for current and future uniform needs. The proposed agreement has been reviewed and approved by the City Attorney's Office. Fiscal Impact: Uniform rental services costs are within the Public Works Department approved budget for each division in FY 2021-2022 and will be included in subsequent years. Attachments: 1. OMNIA Cintas Facilities Solutions Agreement cihrrAs FACILITIES SOLUTIONS AGREEMENT Location No. 0053 Customer No._!E9q{!€29_ lv'lain Corporate Code ) New CC 13218 Date 06 22 2021 Customer/Participating Agency Address 4305 S. Santa F€ Avg City of Vernon Public Works and Utilities Phone 323 8s8 8811 City State Ca Zip 900s8 UNIFORM PRODUCI RENTAL PRICING Item #Descriplion Unit Pnce 384 Carhaftt Tradesman Work Shirt 0 340 383 Carhadt Dunoaree 0 411 234 Carhartl FR Shid 0 411 Carhartt FR Panl 0 411 344 Carhartl FR Cargo Pant 0 488 374 Cargo Shorts a-217 912 Coverals 0 258 42302 o a12 275 High Performance Polo 0 350 Unif orm Advantage/Prernium Uniform Advantage 0 086/0.205 Under no circumstances will the Company accepl textiles bearing free liquid. Shop towels may nol be used to clean up oil or solvent spills. Artwork Charge for Logo l\,lat SNr Size Change: Customer agrces to have employees measured by a Cinlas representative using garment'size samples". A cherge ofls00 p€r garment will be assessed for employee s size changed within 4 weeks ofinstallalion Other FACILITY SERVICES PRODUCTS PRICING Bundle'Item #Description Rental Frea lnventory Unit Price 59925 Lab Coal 0.247 935 Comforl Shirt c 175 945 Combn Panl 0.196 270 Cargo Pant 0 338 10184 Aclive Scraper Mal 3 246 'lndicaled bundled ilems/services Contract No. 210321258 This agreemenl is effective as of lhis date from ]j111_- to ]9]t131-, with a minimum term of 36 months. The lenglh of lhis renlal agreement will commence with the actual uniform rental, not afiiliated with the start dale ofthe Master Agreement. Any negoliations of price, terms or discounts rnusl be approved by Pdnce William County Public Schools forthe Master Agreement. Any such changes shalltake effect on the anniversary date oflhe master agreement. All requests for price changes must be jusiified and based upon verlfiable criteria which may include the Burea! of Lebor Stetistics Consumer Prlce lndex (CPl-LJ). Name Emblem $_f:g__ea . Company Emblem 514_____ea Customer Emblem Sl3_ea . Embroidery $-:g-_ea COD Terms $14______________lD€. week charge for prior service (ifAmount Due is Canied to Following Week) Automatic Losl Replacement Charge: hem]!__ % of lnvenlory_Y__ $g_Ea.AUtomaticLoslReplacemenlCharge:llemL-o,6oflnventory_y!-$31_-Ea' Minimurn Charg€ $:11!____________ per delivery. Make-Up charge $ r sc pe.garmenl- Non-Standard/Special Cul Garment (i.e., non-standard, non-stocked unusually small or large sizes. unusually short or long sleeve or length. etc.)premium 5 p,e per garmenl- Seasonal Sleeve Change $ 1s per garmenl. 3?1 FR Coveralls I I I - fJ - lnitial and check box if Unilease. All Garmenls will be cleaned by customer _ E _ lnrtial and check box if receiving Linen Service. Company will take periodic physical inverlories of items in possession or under control D6le cusiomer. _ E _ lnrlialand check box if receiving direcl embroidery. if service is discontinued forany employee or Custom er deletes any oflhe garments D6le direcl embroidery for any reason, orterminates this agreemenl for any reason orfails to renew lhis aqreement, Customer will purchase all direct embroideaed garments at the time they are removed from service atthe then currcnt replacement values- CUSTO[,1ER Cintas Loc. No:Please Sign Name By: Title: Accepted-GM Please Prinl Title Email ptease print Name Carlos Fandino City Admistrator ATTEST APPROVED AS TO FORM Lisa Pope, City Clerk Zaynah N. Moussa, lnterim City Attorney Ormia Parlners Publio Sector Pal1icipating Public Agencies ltrms Panicipating Pub,ic Agcncics: Supplier agrees to extend the same terms, covenants agreed to underlhe MasterAgxcement rvath Lcad Public Agency Prince William County Public Schools to olher govemmcnt agencies (';Participating Public Agencies'') that. iD tbcir discretion, desire !o access the Masler Agreement in accodance with all tcrms and conditions contained herein or attached hcrcto. Each participating Public Agenoy will be exclusively responsible and deal directly r,!ith Supplier on matters relating to length ofagreement, ordering, delivery, inspection. acceptance, invoicing, a.nd payment lor products and seryices in accordance with the terms aod conditioos of the Master A.greement. Any disputes between a Panicipating Public Agency and Supplier will bc resolved directly between thcm in accordance with and govemed by the !a\rs ofthe State in which the Participaling Public Agency exists. 2. Master Ageemenl available at h g---111]11111p.1qq1-!]]l!].!!1u!g1gg Supplier General Service Terms Section 3. Pdces Customer agrees to rent tiom Company, and Company agr€es to pltovide to Cus(omer. the Merchandise. inventory and services described on Exhibit A. "Merchdrdise & Pricing" at the pr:ces set forth in Exhibil A. There u,ill be a minimum charge ofthirg-five dollars ($35.00) per week for each Customer location requircd lo purchasc its rental services from Company as set forth in this Agr€ement. 4. Buyback ofNon.Stiindard Garmenls Customcr has ordered liom Company a garment lrntal s€Nice requiring embloidercd gaments that may not be standard to Company's normal rental product line. Those non-standard producls will be designated as such undcr-Garment Description in Exhibit C. In the event Customerdeletes a non-standard product, alters the design ofthe non-standard product, fails to renew thc Agrccment, or terminates the Agrcem€nt fol. any r€asoo other than documented qualit), of service lcasons which are nol curcd, Customer agrecs to buy back all rcmain;ng noo-standard products allocated to Customer that the Company has in sewice and ou! of serv-ice at the theo curent Loss/Damage Replacemenl Values. 5. Service Guarantee: Company guarantees to deliver the hiShest quality tcxtile rental sewice al all times. An)' complaints about the qualily of the sel.r'ioe which havc not been resolved in lhe normal course olbusiness mus! be sent b) registered letter to Company's General Manager. It' Company then fails to resolve any material complaint in a reasonable period of time, Customer may terminate liis agreement provided all r€olal ilcms are paid for at the th€n cunent replaccment values or retumed to Company in good and usable condition. 6. Garments' Lack ofFlame Rctaldant or Acid Resistant Featurrs Unless specificd othcrwise in $riting by the Company, thc garments supplied unde[ tl)is Agreenrent are not 1]ame retardant or acid resistant and contain no special flamc retardant or acid resistant features- Ttey atr not designed for use in areas of flammabiliry risk or u,here contact wili hazardous materials is possible. Flame resistant imd acid resistant garmcnts are available from Company upon request. Customcr warrants that none ol-the emplovccs for \\'hom gaments are supplied pursuant to this Agreement requirc flamc retardant or acid resislant clothing- 7. Logo Mats In the event that Custom€rdecides lo delete any mat bearing the Cuslomcr's IoBo (Logo Mat) from the rental progmm- changes the design of the Logo Mats, tennina(es this agrcemenl for any reason or fails to rcne\,!'this AgreeDrent. thc Customer will purchase at the timc ofdeletion, dcsign change or tcmination, all remaining l-ogo mats that the Company has in service and out ol service hrld in rn',enror) at thc thcn curaent [.oss/Dan]age Replacement Value. I 8. Adding Employces Additional employccs and Merchandisc may be added to this Agreement at any time upon \,r'ritten or oral requesl by thc Customer to the Company. Any such additional employecs or Merchandise shall automaticallvbccomeapartofandsubjecltothetcnns ofthis Agreemcnt. I fsuch enrployces are employed at a Customer location that is then participating under this Agrecnrent. the Customer shall pay Company thc onc-tirne pr€paration fce indicated oD E\hibil A. Customer shall not pay Company any one-time prcparalir)n fcc for garncnts lbr employees includcd in the initial ins(allation ol a Customer location. T'here will be a one-timc charge lbr name and./or company emblems \\'hcn employees are added to lhe progrrm in garmeots requiring emblems. 9. Emblenr Guaran(cc Customer has rcqucstcd that Company supply emblems designed exclusively for Custonrer featuring Customcr's logo or otherspecificidentification(hereinafter"CustomerEmblems"). Company \\'ill maintainasumcienlquantit)ofCustomerEmblcrrrsio inventor) to providc tbr Customer's nccds and malntain a low cost per emblem through quantity purchases. 10. In the evenl Customer dccidcs lo disconlinue the usc ofCustomer Emblems, changes the desitn ofthe Customer Emblems. tcrminntes this AgreemeDl fix any reason or fi ls to rcncwlhis Agreement,lhe Customcrwill purchase at the time ofdeledon, &siBn chantc, termination or €xpiration, all rcmaining Cuslomer Emblems (hat the Company allocaled to Customer at lhe price indicaied on Exhibit A oflhis Agreemcnl ln no evcnt shall thc number ol Customcr Emblcms allocated to Cuslomer exceed the treater of(a) twelve ( l2) monlhs' volume for each uniquc Crlstomer Emblem or (b) a quantity aBrced to by Company and Customer and noled on Lxhibil A. I L Tcrninating tirnployces Subjecl to the provisions ofthis ABreement, the lvcekly rental charge attributable to any individual lcaring thc enrploy of thc Customer. or on a tcmporary leave ofabsence oIthree (3) rveeks or more. shall be terminated upon oral or writlen notice by the Customer 1o the Company bul only atler all garmenls issued to that individuaL, or valuc ofsanre at the then current Loss/Damagc Replacement Values, sre rctumed to Company. 12. Replacemenl ln the event any Merchandise is lost, stolen or is not relumed to Company, or is destroyed or damaged by fire. wclding damage. acid. paint, ink. chemicals. nctlecl or otherwise. the Customer agrees to pay for said Merchandise at the thcn current Loss/Damrge Replacement values. 13. Indemnification'fo thc fullest extent p€rmitted by law, Company agrees to defend, indemniry, pay on behalfofand savc harmless the Participaling Public Agency, its elccr€d and appoinlcd officials, agents, employees and authorized volunteers against any and all claims. liability, dcmands, suits or loss, including reasonable attomeys' fees and all other costs conoected therewith. arising out ofor connected to the ser,,ices provided by Company under this Contmct, but only to the ex(enl ol Company's negligence. 14. Additional Items: Additional customer employccs, pmducts and services may be added to this agreement and shall automatically become a part of and subject to (he terms hercofand all of its provisions. I f th is agrEernent is term inated early for convcn icnce, the pan ies aSrcc th at the damages sustaincd by Company will be substantial and ditticult to asce(ain. Therefore- ifthis agr€emenl is terminated by Custon)er prior to the applicable expiEtion datc 1br any reason othcr than docunrented quality of service reasons which alc not cured, or tcrminated by Company for non-paymcnt by Customer at any time Customgr will pay to Company, as termination charges and not as a pcnalty hased upon thc following schedule: Ifthis agr€ement is cancclled for.onveniencc in the fii:t twelve months ofth€ term, Customer shall pay as tcrmination chargcs equal io 50 wcek ofrental service. Iflhis agr€ement is cancelled for conveniencc in mon$s thirteen ( l3) through eighteen ( l8) ofthe term, Customer shall pay as teftnination charges equal to 36 \reekJ ofrenlal scrvice. lfthis agre€ment is cancelled for convenicnce in monlhs nineteen (19) through tw€nty-four (24) ofthe term, Customer shall pay as termination charges equal !o 23 weeks o f renlal service. Ifthis agteement is cancellcd for convenience after 24 months ofservice, Customer shall pay as termination charges of l0 *eeks ofrental scrvic€. Customer shall also bc responsiblc to retum all ofthc Merchandise alloca(ed to such Customer localioBs teminating this Agr€cmcnl at lhe then currcnt lrsrrDamage Rcplacemenl Valucs and for any unpaid charges on Customer's account prior to termi0ation. I City Council Agenda Item Report Agenda Item No. COV-772-2021 Submitted by: Lissette Melendez Submitting Department: Public Works Meeting Date: September 21, 2021 SUBJECT Acceptance of Work of Siemens Mobility Inc. for the Traffic Signal Maintenance FY 2018 Project (Contract No. CS-0915) Recommendation: A. Affirm that this project was previously evaluated for environmental impacts and found to be categorically exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15301, because this project only consisted of maintenance and repair of the City’s traffic signals and did not involve any expansion of existing facilities; and B. Accept the work of Siemens Mobility, Inc. as part of the Traffic Signal Maintenance FY 2018 Project, Contract No. CS-0915, and authorize staff to submit for recordation a Notice of Completion for the project. Background: On April 3, 2018, the Public Works Department obtained City Council approval to enter into an agreement with Siemens Mobility Inc. (Siemens) for the Traffic Signal Maintenance Project (Contract No. CS-0915). Siemens provided service to the City in two ways: First, Siemens routinely inspected and performed maintenance on the 41 traffic signals in the City of Vernon on a monthly basis; and, second, Siemens performed emergency repairs on damaged or non-functioning equipment at the 41 locations (including repair or replacement of failed components, and the emergency replacement of equipment damaged by vehicular accidents). Extraordinary, emergency work was performed on an on-call, as-needed basis. Siemens maintained a staff of trained technicians that were available to the City 24 hours a day, 7 days a week. Siemens responded quickly and effectively to emergency calls, and has satisfactorily maintained the traffic signals in the City of Vernon. Fiscal Impact: Contract No. CS-0915 was approved for a three-year term at an estimated cost of $110,000 per year, for a total of $330,000. Due to extraordinary (emergency) work, there was one change order in the amount $178,100. The total cost of the contract with Siemens was $473,269.90. The costs for traffic signal maintenance in the City of Vernon were budgeted in the Street Operations-Public Works portion of the budget. Attachments: 1. Notice of Completion CS-0915 RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: City of Vernon Attention: City Clerk 4305 Santa Fe Avenue Vernon, CA 90058 SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE For the benefit of City of Vernon No fee per Government Code Section 27383 APN: 6302-017-901 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT, PURSUANT TO CIVIL CODE SECTION 9024: 1. The undersigned is the owner, or corporate officer of the owner, of the interest or estate below in the property hereinafter described. 2. The full name of the owner is: City of Vernon 3. The full address of the owner is: 4305 Santa Fe Avenue, Vernon, CA 90058 4. The nature of the interest or estate of the owner is: In Fee. 5. A work of improvement on the property hereinafter described was completed and accepted on September 21, 2021. The work done was: Traffic Signal Maintenance FY 2018 Contract No. CS-0915. 6. The name of the contractor, if any, for such work of improvement was Siemens Mobility, Inc. The property on which said work of improvement was completed is in the City of Vernon, County of Los Angeles, State of California, and is described as follows: Furnish all transportation, material and equipment for ongoing and regular field preventative maintenance and repair of traffic signal equipment. Dated: September 21, 2021 I, Daniel Wall, Director of Public Works, verify the foregoing Notice of Completion on behalf of the City of Vernon; I have read said Notice and know the contents thereof; and I have personal knowledge of the facts stated herein. I declare under penalty of perjury that the foregoing is true and correct. _______________________________ Daniel Wall, Director of Public Works On __________, before me, Lisa Pope, City Clerk for the City of Vernon, personally appeared Daniel Wall, Director of Public Works for the City of Vernon, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which he acted, executed the instrument. WITNESS my hand and official seal. _________________________________ Lisa Pope, City Clerk A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. City Council Agenda Item Report Agenda Item No. COV-721-2021 Submitted by: Jazmine Hooks Submitting Department: Public Works Meeting Date: September 21, 2021 SUBJECT Tentative Parcel Map No. 83466 for Torrance Logistics Company, LLC Located at 2709 East 37th Street Recommendation: A. Find that the proposed action is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15315, Class 15 “Minor land division of industrial property into four or fewer parcels,” of the CEQA guidelines, because the proposed division of property is in an area zoned Industrial, it is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. Therefore, a Notice of Exemption will be filed with the County Clerk’s office; and B. Adopt Resolution No. 2021-30 granting Tentative Parcel Map No. 83466 to Torrance Logistics Company, LLC to subdivide the parcel located at 2709 East 37th Street. Background: PROJECT PI Development, LLC on behalf of Torrance Logistics Company, LLC, property owner (Applicant), has submitted Tentative Parcel Map No. 83466 (Parcel Map) to subdivide an existing lot into two (2) lots located at 2709 37th Street (Project). The details of the proposed parcels are as follows: Parcel 1 Lot Square Feet: 596,342 Acreage: 13.69 Buildings: 6 Building Sq. Ft.: 65,768 Parcel 2 Lot Square Feet: 136,664 Acreage: 3.14 Buildings: 5 Building Sq. Ft.: 15,250 Total Lot Square Feet: 733,006 Acreage: 16.83 Buildings: 11 Building Sq. Ft.: 81,018 Additionally, Parcel 1 has an approximate 393.3’ frontage on 37th Street while Parcel 2 has approximate 290.8’ and 377.7’ frontages on 37th Street and Soto Street, respectively. The Applicant also plans to demolish the buildings, modify the utilities, and repave/stripe the lot for trailer parking. Per the City’s Master Plan of Streets, 37th Street and Soto Street are required to be 100 feet wide with 8-foot sidewalks along the frontage of the subject site. As a condition of approval, the applicant will be required at the time of future site development, defined as vertical construction of a building or permanent structure, to widen the sidewalk along 37th Street and Soto Street, including the curb return in accordance with the City of Vernon Master Plan of City Streets. 37th Street and Soto Street are of adequate size to handle the traffic generated from the proposed use. The proposed Project site is surrounded by industrial and warehousing uses that are compatible with the proposed use. Water and sewer services for the Project site will continue to be provided by the City of Vernon. The domestic and industrial waste from the proposed Project will be discharged into the City’s sewer system. The discharge will be in accordance with County Sanitation District’s ordinance and will not result in violation of existing requirements as described by the Los Angeles Water Quality Control Board (Sec. 66474.6). A soils report was previously prepared for the site and no expansive soil or other soil issues were found. ZONING AND GENERAL PLAN CONSISTENCY The proposed Project site is located in the (C2) Commercial Overlay District and the (T) Truck and Freight Terminal Overlay District of the I-Zone of the City, and is designated as “Industrial” by the City of Vernon General Plan. The Project site will not change and the subdivision of the parcel will comply with all applicable policies and procedures, including the City’s Zoning Code and Subdivision Ordinance. CEQA DETERMINATION AND ENVIRONMENTAL CONSIDERATIONS The proposed Project site is surrounded by industrial and warehousing uses that are compatible with the proposed Project. The Project is categorically exempt from review under the California Environmental Quality Act (CEQA) in accordance with Section 15315, Class 15 “Minor land division of industrial property into four or fewer parcels”, of the CEQA guidelines, because the proposed division of property is in an area zoned “industrial,” it is in conformance with both the City of Vernon General Plan and the City of Vernon Zoning Code. Additionally, no variances or exceptions are required for the proposed Project, and as detailed above, all services and access to the proposed Project meet the City of Vernon Code standards. Finally, the Project site was not involved in a division of a larger parcel within the previous two (2) years, and the Project site does not have an average slope greater than 20 percent. Therefore, a Notice of Exemption will be filed with the County Clerk’s office. CONDITIONS It is recommended that the Parcel Map be approved with the following conditions: a.Applicant shall regrade the subject parcels to ensure that drainage from both parcels drain independently into the storm drain and does not cross property lines or onto the railroad right-of-way. Applicant shall ensure that all drainage is treated in accordance with NPDES Standards before entering the public right-of-way. Prior to grading, Applicant shall implement a Stormwater Pollution Prevention Plan. During grading, Applicant shall ensure frequent watering of the soil on the Project site, to the satisfaction of the Director of Public Works, and in accordance with South Coast Air Quality Management District standards. b.Applicant shall independently serve each parcel with utilities. Any utility crossing the property line shall be terminated. No cross-lot surface drainage shall occur between Parcels 1 and 2 of Tentative Parcel Map No. 83466. c.Applicant shall completely remove any abandoned utilities and utility vaults adjoining the subject parcels. d.Applicant shall provide an electrical easement to the City of Vernon for all future City light and power electrical lines and facilities serving power to any buildings located on the Project site. e.As part of the future site development, defined as vertical construction of a building or permanent structure, the Applicant shall dedicate to the City portions of land adjoining the subject parcels in order to widen 37th Street, Soto Street and the Northwest corner of 37th and Soto in accordance with the City of Vernon’s Master Plan of Streets. The corner radius at property line shall be 52-feet. f.Applicant shall pave and stripe parking lot, loading areas, and fire roads in accordance with City of Vernon Standards. g.As is required by the Los Angeles County Fire Department, the Applicant shall install one (1) new public fire hydrant on Parcel 1 of Tentative Parcel Map No. 83466 as shown on the plan attached herewith as Exhibit “A”. The required fire flow shall be 1,750 GPM @ 20 PSI for two (2) hours. The Applicant shall ensure that vehicular access be provided and maintained serviceable throughout construction. The new public fire hydrant shall be tested and accepted prior to construction. All required fire hydrants shall be installed, tested, and accepted or bonded prior to Final Map approval. Water improvement plans for the required new public fire hydrant shall be submitted from the local water purveyor through epicla.lacounty.gov for review and approval prior to installation. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Resolution No. 2021-30 RESOLUTION NO. 2021-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING TENTATIVE PARCEL MAP NO. 83466 TO TORRANCE LOGISTICS COMPANY, LLC TO SUBDIVIDE THE PARCEL LOCATED AT 2709 37TH STREET SECTION 1. Recitals. A. PI Development, LLC has applied for a tentative parcel map, on behalf of the property owner of 2709 37th Street, Torrance Logistic Company, LLC (collectively the “Applicant”). B. Applicant has submitted Tentative Parcel Map No. 83466 (“Parcel Map”) consisting of two Parcels located at 2709 37th Street. C. Parcel 1 contains approximately 596,342 square feet, or 13.69 acres of land and has approximately 393.3 feet frontage on 37th Street. Parcel 2 contains approximately 136,664 square feet, or 3.14 acres of land and has approximately 290.8 feet frontage on 37th Street and 377.7 feet frontage on Soto Street. D. Combined Parcels 1 and 2 are approximately 733,006 square feet, or 16.83 acres. E. 37th Street and Soto Street are both of adequate size to handle the traffic generated from the proposed Project. F. The domestic and industrial waste from the proposed Project will be discharged into the City of Vernon sewer system in accordance with the Los Angeles County Sanitation District’s ordinance and will not result in violation of existing requirements as described by the Los Angeles Water Quality Control Board. G. The proposed Project site is surrounded by industrial and warehousing uses that are compatible with the proposed Project. The Project site is located in the (C2) Commercial Overlay District and the (T) Truck and Freight Terminal Overlay District of the I-Zone of the City, and is designated as “Industrial” by the City of Vernon General Plan and Zoning Map. H. The Project is categorically exempt from review under the California Environmental Quality Act (CEQA) in accordance with Section 15315, Class 15 “Minor land division of industrial property into four or fewer parcels”, of the CEQA guidelines, because the proposed division of property is in an area zoned “Industrial,” it is in conformance with both the City of Vernon General Plan and the City of Vernon Zoning Code. Additionally, no variances or exceptions are required for the proposed Project, all services and access to the proposed Project meet the City of Vernon Code standards. Finally, the Project site was not involved in a division of a larger parcel within the previous two years, and the Project site does not have an average slope greater than 20 percent. Therefore, a Notice of Exemption will be filed with the County Clerk’s office. Resolution No. 2021-30 Page 2 of 4 _______________________ I. The City Council has received a Staff Report, dated September 21, 2021, and written and oral supporting evidence upon which it has relied in making the foregoing recitals. 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. The City Council of the City of Vernon hereby finds that the Project is categorically exempt from the California Environmental Quality Act pursuant to Guideline 15315 for the reasons set forth above. SECTION 4. The Tentative Parcel Map No. 83466 is hereby granted to Applicant to subdivide 16.83 acres into two parcels located at 2709 37th Street, subject to the following conditions: a. Applicant shall regrade the subject parcels to ensure that drainage from both parcels drain independently into the storm drain and does not cross property lines or onto the railroad right-of-way. Applicant shall ensure that all drainage is treated in accordance with NPDES Standards before entering the public right-of-way. Prior to grading, Applicant shall implement a Stormwater Pollution Prevention Plan. During grading, Applicant shall ensure frequent watering of the soil on the Project site, to the satisfaction of the Director of Public Works, and in accordance with South Coast Air Quality Management District standards. b. Applicant shall independently serve each parcel with utilities. Any utility crossing the property line shall be terminated. No cross-lot surface drainage shall occur between Parcels 1 and 2 of Tentative Parcel Map No. 83466. c. Applicant shall completely remove any abandoned utilities and utility vaults adjoining the subject parcels. d. Applicant shall provide an electrical easement to the City of Vernon for all future City light and power electrical lines and facilities serving power to any buildings located on the Project site. e. As part of the future site development, defined as vertical construction of a building or permanent structure, Applicant shall dedicate to the City portions of land adjoining the subject parcels in order to widen 37th Street, Soto Street and the Northwest corner of 37th and Soto in accordance with the City of Vernon’s Master Plan of Streets. The corner radius at property line shall be 52-feet. f. Applicant shall pave and stripe the parking lot, loading areas, and fire roads in accordance with City of Vernon Standards. Resolution No. 2021-30 Page 3 of 4 _______________________ g. As is required by the Los Angeles County Fire Department, Applicant shall install one (1) new public fire hydrant on Parcel 1 of Tentative Parcel Map No. 83466 as shown on the plan attached herewith as Exhibit “A”. The required fire flow shall be 1,750 gallons per minute (“GPM”) at 20 pounds per square inch (“PSI”) for two (2) hours. The Applicant shall ensure that vehicular access be provided and maintained serviceable throughout construction. The new public fire hydrant shall be tested and accepted prior to construction. All required fire hydrants shall be installed, tested and accepted or bonded prior to Final Map approval. Water improvement plans for the required new public fire hydrant shall be submitted from the local water purveyor through epicla.lacounty.gov for review and approval prior to installation. h. Applicant shall comply with all other applicable state, federal and local laws and regulations. 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 21st day of September, 2021. _______________________ MELISSA YBARRA, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: ___________________________ ZAYNAH N. MOUSSA, Interim City Attorney Resolution No. 2021-30 Page 4 of 4 _______________________ City Council Agenda Item Report Agenda Item No. COV-784-2021 Submitted by: Lissette Melendez Submitting Department: Public Works Meeting Date: September 21, 2021 SUBJECT Amendment No. 1 to Measure R Funding Agreement for the Atlantic Boulevard Bridge Rehabilitation and Widening Project between City of Vernon and The Los Angeles County Metropolitan Transportation Authority Recommendation: A. Find that the approval of the proposed Amendment to Measure R Funding Agreement is consistent with the initial Study/Mitigated Negative Declaration prepared for this project by the City of Vernon pursuant to the provisions under the California Environmental Quality Act (CEQA) in accordance with Section 15063; and B. Approve and authorize the Mayor to execute Amendment No. 1 to the Measure R Funding Agreement in substantially the same form as submitted. Background: On August 16, 2016, the City of Vernon entered into the Measure R Funding Agreement (FA) with the Los Angeles County Metropolitan Transportation Authority (Metro) for the Atlantic Boulevard Bridge Rehabilitation Project. The Agreement authorized I-710 Early Action Project funds in the amount of $2,070,000 for the Atlantic Boulevard Bridge Project. Due to delays with the Atlantic Boulevard Bridge Widening Project, the City of Vernon requested a time extension to the FA. The proposed Amendment No. 1 to the FA provides the Atlantic Boulevard Bridge Project an additional funding source, revises the project schedule, and extends project funds to September 30, 2027. Except as expressly amended, all rights and obligations of the parties under the existing FA will remain unchanged. The City Attorney’s Office has reviewed and approved the amendment as to form. Fiscal Impact: Amendment No. 1 provides the Atlantic Boulevard Bridge Project an additional funding source. The project design is 99% complete and right-of-way acquisitions are in progress. Construction for the project is anticipated to commence in Summer of 2022. Attachments: 1. Amendment No. 1 to Measure R Funding Agreement FTIP#: LA0G1147 I-710 Early Action Projects (Gateway Cities) Project#: MR306.25 Amendment No.1 FA#920000000MR30625 Rev: 06.01.2021 FA Local Amendment Lapsing Date Extension1 AMENDMENT No.1 TO MEASURE R FUNDING AGREEMENT BETWEEN CITY OF VERNON AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY This Amendment No.1 to Funding Agreement (this "Amendment"), is dated as of August 9, 2021 by and between City of Vernon (“GRANTEE"), and the Los Angeles County Metropolitan Transportation Authority ("LACMTA"). RECITALS: A. WHEREAS, GRANTEE and LACMTA entered into that certain Funding Agreement No. 920000000MR30625, dated August 16, 2015 (the “Existing FA”), which Existing FA provides for the Atlantic Blvd Bridge Widening Project (the “Project”); and B.WHEREAS, the LACMTA Board on October 25, 2018,delegated administrative authority to staff to extend funding lapse dates to meet PA&ED, PS&E, ROW, and Construction time frames; and C. WHEREAS, the GRANTEE and LACMTA desire to extend the lapsing date of FY 2015-16 and FY 2016-17 funds to June 30, 2027; and D. WHEREAS, GRANTEE and LACMTA desire to amend the Existing FA as provided herein. FTIP#: LA0G1147 I-710 Early Action Projects (Gateway Cities) Project#: MR306.25 Amendment No.1 FA#920000000MR30625 Rev: 06.01.2021 FA Local Amendment Lapsing Date Extension2 AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1.Part II, Section 9.1 (v) of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: "All Funds programmed for FY 2015-16 and FY 2016-17 are subject to lapse by June 30, 2027.” 2. Attachment B-1 of the Existing FA is hereby replaced by Attachment B- 1-1, attached. 3.Attachment C– Scope of Work, attached to the Existing FA is hereby amended by deleting the Project Schedule and replacing it with the following Revised Project Schedule. FA Milestones Original FA Schedule in Scope of Work Revised Project Schedule Start Date End Date Start Date End Date Environmental Clearance 12/12/2014 12/12/2015 12/12/2014 12/12/2015 Design Bid & Award 6/4/2001 11/28/2001 6/4/2001 11/28/2001 Design 12/3/2003 12/12/2015 12/3/2003 12/31/2022 Right-of-Way Acquisition 12/12/2014 12/16/2016 1/16/2017 12/31/2022 Construction Bid & Award 8/14/2017 12/18/2017 9/4/2023 11/31/2023 Construction 3/5/2018 9/30/2020 1/15/2024 12/31/2026 Total Project Duration (Months)228 300 4.Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged. FTIP#: LA0G1147 I-710 Early Action Projects (Gateway Cities) Project#: MR306.25 Amendment No.1 FA#920000000MR30625 Rev: 06.01.2021 FA Local Amendment Lapsing Date Extension3 IN WITNESS WHEREOF, the parties have caused this Amendment No.2 to the FA to be executed by their duly authorized representatives as of the dates indicated below: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: _________________________________Date: ____________________ Stephanie N. Wiggins Chief Executive Officer APPROVED AS TO FORM: RODRIGO A. CASTRO-SILVA County Counsel By: _________________________________Date: ____________________ Deputy CITY OF VERNON By: _________________________________Date: ____________________ Melissa Ybarra Mayor APPROVED AS TO FORM: By: __________________________________Date: ____________________ Zaynah Moussa Interim City Attorney ATTEST: By: __________________________________Date: ____________________ Lisa Pope City Clerk SOURCES OF FUNDS Prior Expenditures FY 2021-22 Qtr 1 FY 2021-22 Qtr 2 FY 2021-22 Qtr 3 FY 2021-22 Qtr 4 FY 2022-23 Qtr 1 FY 2022-23 Qtr 2 FY 2022-23 Qtr 3 FY 2022-23 Qtr 4 TOTAL BUDGET LACMTA PROGRAMMED FUNDS: MEASURE R FUNDS: PS&E $220 $70 $70 $70 $430 RW Support $60 $60 $50 $20 $190 RW $600 $600 $200 $50 $1,450 Total MEASURE R $0 $880 $730 $320 $140 $0 $0 $0 $0 $2,070 SUM PROG LACMTA FUNDS:$0 $880 $730 $320 $140 $0 $0 $0 $0 $2,070 OTHER NON LACMTA FUNDING: LOCAL: City of Vernon PAED $46 $46 PS&E $256 $4 $4 $4 $4 $4 $1 $277 RW Support $80 $2 $2 $2 $1 $1 $1 $89 RW $136 $114 $114 $113 $113 $590 Total LOCAL $518 $120 $120 $119 $118 $5 $2 $0 $0 $1,002 FEDERAL: HBP and DBP PAED $184 $184 PS&E $1,069 $40 $40 $40 $40 $40 $21 $1,290 RW Support $260 $20 $20 $20 $10 $8 $6 $344 RW $1,048 $900 $900 $900 $882 $4,630 Total FEDERAL $2,561 $960 $960 $960 $932 $48 $27 $0 $0 $6,448 SUM NON-LACMTA FUNDS :$3,079 $1,080 $1,080 $1,079 $1,050 $53 $29 $0 $0 $7,450 PROJECT FUNDING FY21-22 and FY22-23 $3,079 $1,960 $1,810 $1,399 $1,190 $53 $29 $0 $0 $9,520 SOURCES OF FUNDS FY 2023-24 Qtr 1 FY 2023-24 Qtr 2 FY 2023-24 Qtr 3 FY 2023-24 Qtr 4 FY 2024-25 Qtr 1 FY 2024-25 Qtr 2 FY 2024-25 Qtr 3 FY 2024-25 Qtr 4 FY 2025-26 Qtr 1 TOTAL BUDGET OTHER NON LACMTA FUNDING: LOCAL: City of Vernon Const. Support $3 $3 $3 $3 $3 $3 $3 $3 $24 Construction $402 $402 $402 $402 $402 $402 $402 $338 $3,152 Total LOCAL $0 $405 $405 $405 $405 $405 $405 $405 $341 $3,176 FEDERAL: HBP Const. Support $25 $25 $25 $25 $25 $25 $25 $25 $200 Construction $3,100 $3,100 $3,100 $3,100 $3,100 $3,100 $3,100 $2,608 $24,308 Total FEDERAL $0 $3,125 $3,125 $3,125 $3,125 $3,125 $3,125 $3,125 $2,633 $24,508 SUM NON-LACMTA FUNDS :$0 $3,530 $3,530 $3,530 $3,530 $3,530 $3,530 $3,530 $2,974 $27,684 PROJECT FUNDING FY23-24 and FY24-25 $0 $3,530 $3,530 $3,530 $3,530 $3,530 $3,530 $3,530 $2,974 $27,684 SUMMARY OF ALL FUNDS PAED $230 $0 $0 $0 $0 $0 $0 $0 $0 $230 PS&E $1,325 $264 $114 $114 $114 $44 $22 $0 $0 $1,997 RW Support $340 $82 $82 $72 $31 $9 $7 $0 $0 $623 Const. Support $0 $28 $28 $28 $28 $28 $28 $28 $28 $224 RW $1,184 $1,614 $1,614 $1,213 $1,045 $0 $0 $0 $0 $6,670 Construction $0 $3,502 $3,502 $3,502 $3,502 $3,502 $3,502 $3,502 $2,946 $27,460 TOTAL MILESTONES $3,079 $5,490 $5,340 $4,929 $4,720 $3,583 $3,559 $3,530 $2,974 $37,204 SUM PROG LACMTA FUNDS $0 $880 $730 $320 $140 $0 $0 $0 $0 $2,070 SUM NON-LACMTA FUNDS $3,079 $4,610 $4,610 $4,609 $4,580 $3,583 $3,559 $3,530 $2,974 $35,134 TOTAL PROJECT FUNDING $3,079 $5,490 $5,340 $4,929 $4,720 $3,583 $3,559 $3,530 $2,974 $37,204 ATTACHMENT B-1-1 - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure R Program - Funding Agreement Projects - FA# 9200000000MR306.25 Project Title: Atlantic Blvd Bridge Widening over the Los Angeles River Project#: MR306-25 PROGRAMMED SOURCES OF FUNDS City Council Agenda Item Report Agenda Item No. COV-783-2021 Submitted by: Lissette Melendez Submitting Department: Public Works Meeting Date: September 21, 2021 SUBJECT Agreement between the Cities of Maywood and Vernon for Traffic Signal Maintenance at the Intersection of Downey Road and Slauson/Malburg Way Recommendation: A. Find that the proposed action is categorically exempt under the California Environmentally Quality Act (“CEQA”) review in accordance with CEQA Guidelines Section 15301, because the project consists of the maintenance, repair or minor alteration of existing facilities and involves negligible or no expansion of an existing use; and B. Approve and authorize the Mayor to execute the Agreement between the Representative Cities of Maywood and Vernon for Traffic Signal Maintenance, in substantially the same form as submitted, for a term of five years. Background: The signalized intersection located at Downey Road and Slauson Avenue/Malburg Way lies partially within Maywood and partially within Vernon. Historically, the signal has been maintained by the City of Maywood, although there is not an established agreement between the two cities. Because the majority of the area (62.5%) falls within the City of Vernon's boundaries, Vernon has negotiated with the City of Maywood to enter into a five-year agreement to share in the provision of signal maintenance at the intersection. Vernon will provide routine and extraordinary maintenance to the intersection through the City’s existing Signal Maintenance Contract with Bear Electrical Solutions. Cost of the routine and extraordinary maintenance will be shared as follows: Vernon 62.5% and Maywood 37.5%. The proposed Agreement between the Cities of Maywood and Vernon has been reviewed and approved as to form by the City Attorney's Office. Fiscal Impact: Signal maintenance for the intersection will cost $492 per year for routine maintenance, plus any extraordinary costs that might arise. Vernon has an existing contract with Bear Electrical Solutions for the maintenance of all signalized intersections in the City. All costs for maintenance at the Downey Road and Slauson Avenue/Malburg Way intersection will be apportioned between the two cities over the five-year term as follows: Vernon 62.5% and Maywood 37.5%. Attachments: 1. Agreement between Maywood and Vernon for Traffic Signal Maintenance 1 12501-0001\2571334v3.doc AGREEMENT BETWEEN THE REPRESENTATIVE CITIES OF MAYWOOD AND VERNON FOR TRAFFIC SIGNAL MAINTENANCE THIS AGREEMENT is made and entered into as of the _____ day of __________, 2021, by and between the City of Maywood, a municipal corporation, hereinafter referred to as “Maywood”, and the City of Vernon, a California charter City and California municipal corporation, hereinafter referred to as “Vernon”. WITHNESSETH WHEREAS, Maywood and Vernon (the “Parties”) share a traffic signal at the intersection of Slauson Avenue and Downey Road/Malburg Way (the “Intersection”) shown attached as Exhibit “A”; and WHEREAS, the Intersection lies partially within Maywood and partially within Vernon; and WHEREAS, the Parties desire that Vernon maintain the signal and are entering into this agreement to equitably divide the maintenance costs. NOW, THEREFORE, the Parties agree as follows: 1. Vernon shall provide routine maintenance of the traffic control devices, illuminated street name signs, signal interconnect systems, and highway safety lighting systems at the Intersection (the “Facilities”). Routine maintenance shall include, but is not limited to, patrolling, furnishing of electrical energy, relamping, painting of standards and heads, and the necessary repairs and replacements required to ensure satisfactory services. 2. Vernon shall also provide extraordinary maintenance of the Facilities. Extraordinary maintenance shall include, but is not limited to, the replacement of major equipment due to obsolescence or wear and tear, the repair or replacement of the Facilities due to damage and the provision of temporary facilities or services to provide traffic control if the Facilities are inoperable due to the interruption of electrical power or other causes. Except when extraordinary maintenance is needed to protect public health and safety, Vernon shall not perform any extraordinary maintenance exceeding $1,000.00 in total cost without the consent of the City Engineer of Maywood. 3. Both routine and extraordinary maintenance shall include the costs of electrical energy, salaries and wages of Vernon employees, amounts paid to contractors, material, equipment and supplies and all other costs incurred by Vernon in providing such maintenance. Vernon may also charge an overhead fee of 10% of the salaries and wages of the Vernon employees providing routine and extraordinary maintenance. Each party shall pay its pro rata share of the cost of routine and extraordinary maintenance as follows: Vernon 62.5% and Maywood 37.5%. 2 12501-0001\2571334v3.doc 4. Vernon shall submit quarterly invoices to Maywood for the 37.5% of the cost of routine and extraordinary maintenance provided during the prior quarter. Maywood shall pay to Vernon all undisputed charges within 30 days of receipt of an invoice from Vernon. Maywood shall notify Vernon of any disputed charges within 30 days of receipt of a bill and the parties shall cooperate in resolving any dispute over the charges. 5.Invoices for routine maintenance shall indicate the period of service, the location of the intersection, and the monthly rate which applies. Invoices for extraordinary maintenance shall itemize the actual costs incurred, including labor; net cost of all materials (including taxes); equipment charges (including reasonable allowance for depreciations); supervision and all costs of administration; and any other category of expense experienced. 6.During the period of this Agreement, Vernon agrees to have and maintain policies of insurance with at least the following minimum coverage and limits: •General Liability Coverage - $1,000,000 per occurrence and $2,000,000 aggregate. •Automobile Liability Coverage - $1,000,000 combine single limit. •Workers Compensation Coverage - $1,000,000 per accident. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. 7.This Agreement shall be effective as of October 1, 2021. On the effective date of this Agreement all prior agreements respecting the maintenance and cost of signals at the Intersection covered by this Agreement will expire. 8.The term of this Agreement shall be for the period of five years, through September 30, 2026, inclusive, unless the Agreement is terminated as herein provided. At the term expiration, Vernon and Maywood may extend this Agreement for an additional five-year period by written mutual agreement. Either party may terminate this Agreement by serving on the other party a ninety (90) day written notice of such termination. 9.It is agreed that neither Maywood nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any act or omission by Vernon under or in connection with any work, authority or jurisdiction delegated to Vernon under this Agreement. Pursuant to Government Code Section 895.4, Vernon shall fully indemnify and hold Maywood harmless from any liability imposed for injury or damages as defined in Section 810.8 of the Government Code occurring by reason of any act or omission by Vernon under or in connection with any work, authority or jurisdiction delegated to Vernon under this Agreement. 3 12501-0001\2571334v3.doc 10.It is agreed that neither Vernon nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any act or omission by Maywood under or in connection with any work, authority or jurisdiction performed or assumed by Maywood under this Agreement. It is also understood and agreed that pursuant to Government code Section 895.4, Maywood shall fully indemnify and hold Vernon harmless of any liability imposed for injury or damages as defined in Section 810.8 of the Government Code occurring by reason of any act or omission by Maywood under or in connection with any work, authority or jurisdiction performed or assumed by Maywood under this Agreement. 11.Any notices, bills, invoices, or reports required by this Agreement shall be sent by first class U.S. mail, by personal service or by email. Notices shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during City’s regular business hours or by email before or during City’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. All notices shall be delivered to the parties at the following addresses. City of Vernon: Daniel Wall Director of Public Works City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Email: dwall@ci.vernon.ca.us City of Maywood: City Manager City of Maywood 4319 E. Slauson Maywood, California 90270 Fax: (323) 562-5712 Email:jennifer.vasquez@cityofmaywood.org [SIGNATURE PAGE FOLLOWS] 4 12501-0001\2571334v3.doc IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. ATTEST: By: Lisa Pope, City Clerk APPROVED AS TO FORM: By: _____________________________ Zaynah Moussa, Interim City Attorney ATTEST: By: Flor Aguila, City Clerk APPROVED AS TO FORM: By: _____________________________ Roxanne Diaz, City Attorney CITY OF Vernon By: Melissa Ybarra, Mayor This _____ day of _____________, 2021 CITY OF Maywood By:______________________________ Ricardo Lara, Mayor This _____ day of ____________, 2021 EXHIBIT "A" City Council Agenda Item Report Agenda Item No. COV-735-2021 Submitted by: Adriana Ramos Submitting Department: Public Utilities Meeting Date: September 21, 2021 SUBJECT North American Energy Standards Board (NAESB) Base Contract for Sale and Purchase of Natural Gas Recommendation: Approve and authorize the City Administrator to execute NAESB Contracts with (1) Citadel Energy Marketing LLC, (2) DTE Energy Trading, and (3) Twin Eagle Resource Management, LLC., in substantially the same form as submitted, for the purpose of buying and selling natural gas as needs dictate and in compliance with the general terms established in the contracts. Background: The City of Vernon owns and operates a municipal natural gas distribution system for supplying the City’s municipal electric system with natural gas and providing natural gas to businesses and industries within the City. The City desires to sell and purchase natural gas to or from Citadel Energy Marketing LLC, DTE Energy Trading, and Twin Eagle Resource Management, LLC., under general terms and conditions published by the NAESB. The City has determined that it is to the City’s advantage, and in the public interest of the customers and residents of the City, to enter into contracts with these three providers for the purchase and sale of natural gas. The contracts constitute general terms and conditions only and do not obligate the City to enter into a specific purchase or sale transaction; however, the result of fully executing the contracts will enable the City to transact with the providers. In addition to Citadel Energy Marketing LLC, DTE Energy Trading, and Twin Eagle Resource Management, LLC., the City has similar agreements in place with Sacramento Municipal Utility District (SMUD), BP Energy, Shell Energy, Southern California Gas Company, EDF Trading North America, LLC, Conoco Phillips, and Iberdrola. The key objectives of each agreement are as follows: •To expand the City’s counterparty pool •Create an opportunity for better pricing and liquidity •To maximize trading capability Staff recommends that the City Council consider the approval of the base NAESB Contracts with Citadel Energy Marketing LLC, DTE Energy Trading, and Twin Eagle Resource Management, LLC. to increase the pool of potential counter-parties with whom the City may transact. Pursuant to Vernon Municipal Code Section 2.17.12(A)(6), competitive bidding is not required because these are contracts for gas and/or electrical power for the City’s power utility, and that it would be commercially unreasonable to procure the gas or electricity through standard bidding or request for proposal procedures. The proposed Base Contracts for Sale and Purchase of Natural Gas and Special Provisions have been reviewed and approved by the City Attorney’s Office. Fiscal Impact: The proposed NAESB Contracts will provide the City flexibility to buy and sell natural gas as needs dictate, potentially resulting in an advantageous financial position for the City. The exact financial impacts of the contracts are unknown at this time, although increasing the pool of potential counter-parties is expected to increase the probability of securing the best price point for natural gas. Attachments: 1. Citadel Energy Marketing LLC Contract 2. DTE Energy Trading Contract 3. Twin Eagle Resource Management, LLC. Contract Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved September 5, 2006 Base Contract for Sale and Purchase of Natural Gas This Base Contract is entered into as of the following date: ____ _______________________________ The parties to this Base Contract are the following: PARTY A CITY OF VERNON PARTY NAME PARTY B CITADEL ENERGY MARKETING LLC Public Utilities Dept. 4305 Santa Fe Ave. Vernon, CA 90058 ADDRESS c/o Citadel Enterprise Americas LLC 131 South Dearborn Street Chicago, IL 60603 www.cityofvernon.org BUSINESS WEBSITE www.citadel.com CONTRACT NUMBER 060883022 D-U-N-S® NUMBER 079663087  US FEDERAL: 95-6000808  OTHER: TAX ID NUMBERS  US FEDERAL: 47-2100213  OTHER: California JURISDICTION OF ORGANIZATION Delaware  Corporation  LLC  Limited Partnership  Partnership  LLP  Other: City of Vernon, a Chartered City and Municipal Corp. of the State of California COMPANY TYPE  Corporation  LLC  Limited Partnership  Partnership  LLP  Other: Not Applicable GUARANTOR (IF APPLICABLE) Not Applicable CONTACT INFORMATION ATTN: Shawn Sharif & Efrain Sandoval TEL#: 323-826-1424 FAX#: 323-826-3629 EMAIL: ssharif@ci.vernon.ca.us & esandoval@ci.vernon.ca.us ▪ COMMERCIAL ATTN: TEL#: FAX#: EMAIL: ATTN: Shawn Sharif & Efrain Sandoval TEL#: 323-826-1424 FAX#: 323-826-3629 EMAIL: ssharif@ci.vernon.ca.us & esandoval@ci.vernon.ca.us ▪ SCHEDULING ATTN: TEL#: FAX#: EMAIL: ATTN: Zaynah Moussa TEL#: 323-583-8811 Ext. 839 FAX#: 323-826-1431 EMAIL: zmoussa@ci.vernon.ca.us ▪ CONTRACT AND LEGAL NOTICES ATTN: Legal Department TEL#: 312-395-2100 FAX#: 312-267-7300 EMAIL: CitadelAgreementNotice@citadel.com ATTN: Javier Valdez TEL#: 323-583-8811 Ext.825 FAX#: 323-826-1431 EMAIL: jvaldez@ci.vernon.ca.us ▪ CREDIT ATTN: Energy Credit TEL#: 312-395-4370 EMAIL: EnergyCredit@citadel.com ATTN: Ruben Rodriguez TEL#: 323-583-8811 Ext: 275 FAX#: 323-826-3629 EMAIL: rrodriguez@ci.vernon.ca.us ▪ TRANSACTION CONFIRMATIONS ATTN: Energy Transaction Confirmations TEL#: 312-395-2846 FAX: 312-267-7771 EMAIL: Energy_Confirms@citadel.com ACCOUNTING INFORMATION ATTN: City of Vernon Treasury Department TEL#: 323-583-8811 Ext: 227 FAX#: 323-826-3629 EMAIL: invoices@ci.vernon.ca.us ▪ INVOICES ▪ PAYMENTS ▪ SETTLEMENTS ATTN: Energy Invoices TEL#: 312-395-2846 EMAIL: Energy_Invoicing@citadel.com BANK: ABA: ACCT: OTHER DETAILS: WIRE TRANSFER NUMBERS (IF APPLICABLE) BANK: The Bank of New York ABA: 021000018 ACCT: 8901265799 OTHER DETAILS: BANK: East West Bank ABA: #322070381 ACCT: 80362791 OTHER DETAILS: Gas & Electric Acct. ACH NUMBERS (IF APPLICABLE) BANK: ABA: ACCT: OTHER DETAILS: ATTN: TEL#: FAX#: EMAIL: CHECKS (IF APPLICABLE) ATTN: ADDRESS: Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 2 of 13 September 5, 2006 Base Contract for Sale and Purchase of Natural Gas (Continued) This Base Contract incorporates by reference for all purposes the General Terms and Conditions for Sale and Purchase of Natural Gas published by the North American Energy Standards Board. The parties hereby agree to the following provisions offered in said General Terms and Conditions. In the event the parties fail to check a box, the specified default provision shall apply. Select the appropriate box(es) from each section: Section 1.2 Transaction Procedure Oral (default) OR Written Section 10.2 Additional Events of Default No Additional Events of Default (default) Indebtedness Cross Default  Party A: _________________  Party B: _________________ Transactional Cross Default Section 2.7 Confirm Deadline  Two (2) Business Days after receipt (default) OR _______ Business Days after receipt Section 2.8 Confirming Party Seller (default) Buyer  Citadel Energy Marketing LLC Section 3.2 Performance Obligation Cover Standard (default) OR Spot Price Standard Section 10.3.1 Early Termination Damages Early Termination Damages Apply (default) OR Early Termination Damages Do Not Apply Note: The following Spot Price Publication applies to both of the immediately preceding. Section 10.3.2 Other Agreement Setoffs Other Agreement Setoffs Apply (default)  Bilateral (default)  Triangular OR Other Agreement Setoffs Do Not Apply Section 2.31 Spot Price Publication Gas Daily Midpoint (default) OR  Section 6 Taxes Buyer Pays At and After Delivery Point (default) OR Seller Pays Before and At Delivery Point Section 7.2 Payment Date  25th Day of Month following Month of delivery (default) OR 24th Day of Month following Month of delivery Section 15.5 Choice of Law California Section 7.2 Method of Payment Wire transfer (default) Automated Clearinghouse Credit (ACH)  Check Section 15.10 Confidentiality Confidentiality applies (default) OR Confidentiality does not apply Section 7.7 Netting Netting applies (default) OR  Netting does not apply Special Provisions Number of sheets attached: 5 Addendum(s): IN WITNESS WHEREOF, the parties hereto have executed this Base Contract in duplicate. City of Vernon PARTY NAME CITADEL ENERGY MARKETING LLC By: SIGNATURE By: Citadel Advisors LLC, its Manager By: Carlos Fandino PRINTED NAME City Administrator TITLE ATTEST: APPROVED AS TO FORM: ____________________________ __________________________________ Lisa Pope, City Clerk Zaynah N. Moussa, Interim City Attorney Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 3 of 13 September 5, 2006 General Terms and Conditions Base Contract for Sale and Purchase of Natural Gas SECTION 1. PURPOSE AND PROCEDURES 1.1. These General Terms and Conditions are intended to facilitate purchase and sale transactions of Gas on a Firm or Interruptible basis. "Buyer" refers to the party receiving Gas and "Seller" refers to the party delivering Gas. The entire agreement between the parties shall be the Contract as defined in Section 2.9. The parties have selected either the “Oral Transaction Procedure” or the “Written Transaction Procedure” as indicated on the Base Contract. Oral Transaction Procedure: 1.2. The parties will use the following Transaction Confirmation procedure. Any Gas purchase and sale transaction may be effectuated in an EDI transmission or telephone conversation with the off er and acceptance constituting the agreement of the parties. The parties shall be legally bound from the time they so agree to transaction terms and may each rely thereon. Any such tran saction shall be considered a “writing” and to have been “signed”. N otwithstanding the foregoing sentence, the parties agree that Confirming Party shall, and the other party may, confirm a telephonic transaction by sending the other party a Transaction Confirmation by facsimile, EDI or mutually agreeable electronic means within three Business Days of a transaction covered by this Section 1.2 (Oral Transaction Procedure) provided that the failure to send a Transaction Confirmation shall not invalidate the oral agreement o f the parties. Confirming Party adopts its confirming letterhead, or the like, as its signature on any Transaction Confirmation as the identification and authentication of Confirming Party. If the Transaction Confirmation contains any provisions other than th ose relating to the commercial terms of the transaction (i.e., price, quantity, performance obligation, delivery point, period of delivery and/or transportation conditions), which modify or supplement the Base Contract or General Terms and Conditions of this Contract (e.g., arbitration or additional representations and warranties), such provisions shall not be deemed to be accepted pursuant to Section 1.3 but must be expressly agreed to by both parties; provided that the foregoing shall not invalidate any transaction agreed to b y the parties. Written Transaction Procedure: 1.2. The parties will use the following Transaction Confirmation procedure. Should the parties come to an agreement regarding a Gas purchase and sale transaction for a particular Delivery Period, the Confirming Party shall, and the ot her party may, record that agreement on a Transaction Confirmation and communicate such Transaction Confirmation by facsimile, EDI or mutually agreeable electronic means, to the other party by the close of the Business Day following the date of agreement. The parties acknowledge that their agreement will not be binding until the exchange of nonconflicting Transaction Confirmations or the passage of the Conf irm Deadline without objection from the receiving party, as provided in Section 1.3. 1.3. If a sending party's Transaction Confirmation is materially different from the receiving party's understanding of the agreement referred to in Section 1.2, such receiving party shall notify the sending party via facsimile, EDI or mutually agreeable electronic means by the Confirm Deadline, unless such receiving party has previously sent a Transaction Confirmation to the sending party. The failure of the receiving party to so notify the sending party in writing by the Confirm Deadline constitutes the receiving party's agreement to the terms of the transaction described in the sending party's Transaction Confirmation. If there are any material differences between timely sent Transaction Confirmations governing the same transaction, then neither Transaction Confirmation shall be binding until or unless such differences are resolved including the use of any evidence that clearly resolves the differences in the Transaction Confirmations. In the event of a conflict among the terms of (i) a binding Transaction Confirmation pursuant to Section 1.2, (ii) the oral agreement of the parties which may be evidenced by a recorded conversation, where the parties have selected the Oral Transaction Procedure of the Base Contract, (iii) the Base Contract, and (iv) these General Terms and Conditions, the terms of the documents shall govern in the priority listed in this sentence. 1.4. The parties agree that each party may electronically record all telephone conversations with respect to this Contract between their respective employees, without any special or further notice to the other party. Each party shall obtain any necessary consent of its agents and employees to such recording. Where the parties have selected the Oral Transaction Procedure in Section 1.2 of the Base Contract , the parties agree not to contest the validity or enforceability of telephonic recordings entered into in accordance with the requirements of this Base Contract. SECTION 2. DEFINITIONS The terms set forth below shall have the meaning ascribed to them below. Other terms are also de fined elsewhere in the Contract and shall have the meanings ascribed to them herein. 2.1. “Additional Event of Default” shall mean Transactional Cross Default or Indebtedness Cross Default, each as and if selected by the parties pursuant to the Base Contract. 2.2. “Affiliate” shall mean, in relation to any person, any entity controlled, directly or indirectly, by the person, any entity that controls, directly or indirectly, the person or any entity directly or indirectly under common control with the person. For this purpose, “control” of any entity or person means ownership of at least 50 percent of the voting power of the entity or person. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 4 of 13 September 5, 2006 2.3. “Alternative Damages” shall mean such damages, expressed in dollars or dollars per MMBtu, as the parties shall agree upon in the Transaction Confirmation, in the event either Seller or Buyer fails to perform a Firm obligation to deliver Gas in the case of Seller or to receive Gas in the case of Buyer. 2.4. "Base Contract" shall mean a contract executed by the parties that incorporates these General Terms and Conditions by reference; that specifies the agreed selections of provisions contained herein; and that sets forth other information required herein and any Special Provisions and addendum(s) as identified on page one. 2.5. "British thermal unit" or "Btu" shall mean the International BTU, which is also called the Btu (IT). 2.6. "Business Day(s)" shall mean Monday through Friday, excluding Federal Banking Holidays for transactions in the U.S. 2.7. "Confirm Deadline" shall mean 5:00 p.m. in the receiving party's time zone on the second Business Day following the Day a Transaction Confirmation is received or, if applicable, on the Business Day agreed to by the parties in the Base Contract; pr ovided, if the Transaction Confirmation is time stamped after 5:00 p.m. in the receiving party's time zone, it shall be deemed received at the opening of the next Business Day. 2.8. "Confirming Party" shall mean the party designated in the Base Contract to prepare and forward Transaction Confirmations to the other party. 2.9. "Contract" shall mean the legally-binding relationship established by (i) the Base Contract, (ii) any and all binding Transaction Confirmations and (iii) where the parties have selected the Oral Transaction Procedure in Section 1.2 of the Base Contract, any and all transactions that the parties have entered into through an EDI transmission or by telephone, but that have not bee n confirmed in a binding Transaction Confirmation, all of which shall form a single integrated agreement between the parties. 2.10. "Contract Price" shall mean the amount expressed in U.S. Dollars per MMBtu to be paid by Buyer to Seller for the purchase of Gas as agreed to by the parties in a transaction. 2.11. "Contract Quantity" shall mean the quantity of Gas to be delivered and taken as agreed to by the parties in a transaction. 2.12. "Cover Standard", as referred to in Section 3.2, shall mean that if there is an unexcused failure to take or deliver any quantity of Gas pursuant to this Contract, then the performing party shall use commercially reason able efforts to (i) if Buyer is the performing party, obtain Gas, (or an alternate fuel if elected by Buyer and replacement Gas is not available), or (ii) if Sel ler is the performing party, sell Gas, in either case, at a price reasonable for the delivery o r production area, as applicable, consistent with: the amount of notice provided by the nonperforming party; the immediacy of the Buyer's Gas consumption needs or Seller's Gas sale s requirements, as applicable; the quantities involved; and the anticipated length of failure by the nonperforming party. 2.13. "Credit Support Obligation(s)” shall mean any obligation(s) to provide or establish credit support for, or on behalf of, a pa rty to this Contract such as cash, an irrevocable standby letter of credit, a margin agreement, a prepayment, a security interest in an asset, guaranty, or other good and sufficient security of a continuing nature. 2.14. "Day" shall mean a period of 24 consecutive hours, coextensive with a "day" as defined by the Receiving Transporter in a particular transaction. 2.15. "Delivery Period" shall be the period during which deliveries are to be made as agreed to by the parties in a transaction. 2.16. "Delivery Point(s)" shall mean such point(s) as are agreed to by the parties in a transaction. 2.17. "EDI" shall mean an electronic data interchange pursuant to an agreement entered into by the parties, specifically relating to the communication of Transaction Confirmations under this Contract. 2.18. "EFP" shall mean the purchase, sale or exchange of natural Gas as the "physical " side of an exchange for physical transaction involving gas futures contracts. EFP shall incorporate the meaning and remedies of "Firm", provided that a party ’s excuse for nonperformance of its obligations to deliver or receive Gas will be governed by th e rules of the relevant futures exchange regulated under the Commodity Exchange Act. 2.19. "Firm" shall mean that either party may interrupt its performance without liability only to the extent that such performance is prevented for reasons of Force Majeure; pro vided, however, that during Force Majeure interruptions, the party invoking Force Majeure may be responsible for any Imbalance Charges as set forth in Section 4.3 related to its interruption after the nomination is made to the Transporter and until the change in deliveries and/or receipts is confirmed by the Transporter. 2.20. "Gas" shall mean any mixture of hydrocarbons and noncombustible gases in a gaseous state consisting primarily of methane. 2.21. “Guarantor” shall mean any entity that has provided a guaranty of the obligations of a party hereunder. 2.22. "Imbalance Charges" shall mean any fees, penalties, costs or charges (in cash or in kind) assessed by a Transporter for failure to satisfy the Transporter's balance and/or nomination requirements. 2.23. “Indebtedness Cross Default” shall mean if selected on the Base Contract by the parties with respect to a party, that it or its Guarantor, if any, experiences a default, or similar condition or event however therein defined, under one or more agreements or instruments, individually or collectively, relating to indebtedness (such indebtedness to include any obligation whether present or future, contingent or otherwise, as principal or surety or otherwise) for the payment or repayment of borrowed money in an aggregate amount greater than the threshold specified in the Base Contract with respect to such party or its Guarantor, if any, which results in su ch indebtedness becoming immediately due and payable. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 5 of 13 September 5, 2006 2.24. "Interruptible" shall mean that either party may interrupt its performance at any time for any reason, whether or not caused by an event of Force Majeure, with no liability, except such interrupting party may be responsible for any Imbalance Charges as set forth in Section 4.3 related to its interruption after the nomination is mad e to the Transporter and until the change in deliveries and/or receipts is confirmed by Transporter. 2.25. "MMBtu" shall mean one million British thermal units, which is equivalent to one dekatherm. 2.26. "Month" shall mean the period beginning on the first Day of the calendar month and ending immediately prior to the commencement of the first Day of the next calendar month. 2.27. "Payment Date" shall mean a date, as indicated on the Base Contract, on or before which payment is due Seller for Gas received by Buyer in the previous Month. 2.28. "Receiving Transporter" shall mean the Transporter receiving Gas at a Delivery Point, or absent such receiving Transporter, the Transporter delivering Gas at a Delivery Point. 2.29. "Scheduled Gas" shall mean the quantity of Gas confirmed by Transpo rter(s) for movement, transportation or management. 2.30. “Specified Transaction(s)” shall mean any other transaction or agreement between the parties for the purchase, sale or exchange of physical Gas, and any other transaction or agreement identified as a Specified Transaction under the Base Contract. 2.31. "Spot Price " as referred to in Section 3.2 shall mean the price listed in the publication indicated on the Base Contract, un der the listing applicable to the geographic location closest in proximity to the Delive ry Point(s) for the relevant Day; provided, if there is no single price published for such location for such Day, but there is published a range of prices, then the Spot Price shall be the average of such high and low prices. If no price or range of prices is published for such Day, then the Spot Price shall be the average of the following: (i) the price (determined as stated above) for the first Day for which a price or range of prices is published that next precedes the relevant Day; and (ii) the price (determined as stated above) for the first Day for which a price or range of prices is published that next follows the relevant Day. 2.32. "Transaction Confirmation" shall mean a document, similar to the form of Exhibit A, setting forth the terms of a transaction formed pursuant to Section 1 for a particular Delivery Period. 2.33. “Transactional Cross Default” shall mean if selected on the Base Contract by the parties with respect to a party, that it shall be in default, however therein defined, under any Specified Transaction. 2.34. “Termination Option” shall mean the option of either party to terminate a transaction in the event that the other party fails to perform a Firm obligation to deliver Gas in the case of Seller or to receive Gas in the case of Buyer for a designated number of days during a period as specified on the applicable Transaction Confirmation. 2.35. "Transporter(s)" shall mean all Gas gathering or pipeline companies, or local distribution companies, acting in the capacity of a transporter, transporting Gas for Seller or Buyer upstream or downstream, respectively, of the Delivery Point pursuant to a particular transaction. SECTION 3. PERFORMANCE OBLIGATION 3.1. Seller agrees to sell and deliver, and Buyer agrees to receive and purchase, the Contract Quantity for a particular transaction in accordance with the terms of the Contract. Sales and purchases will be on a Firm or Interruptible basis, as agreed to by the parties in a transaction. The parties have selected either the “Cover Standard” or the “Spot Price Standard” as indicated on the Base Contract. Cover Standard: 3.2. The sole and exclusive remedy of the parties in the event of a breach of a Firm obligation to deliver or receive Gas shall be recovery of the following: (i) in the event of a breach by Seller on any Day(s), payment by Seller to Buyer in an amount equal to the positive difference, if any, between the purchase price paid by Buyer utilizing the Cover Standard and the Contract Price, ad justed for commercially reasonable differences in transportation costs to or from the Delivery Point(s), multiplied by the difference between the Contract Quantity and the quantity actually delivered by Seller for such Day(s) excluding any quantity for which no replacement is available; or (ii) in the event of a breach by Buyer on any Day(s ), payment by Buyer to Seller in the amount equal to the positive difference, if any, between the Contract Price and the price received by Seller utilizing the Cover Standard for the resale o f such Gas, adjusted for commercially reasonable differences in transportation costs to or from the Delivery Point(s), multiplied by the difference between the Contract Quantity and the quantity actually taken by Buyer for such Day(s) excluding any quantity for which no sale is available; and (iii) in the event that Buyer has used commercially reasonable efforts to replace the Gas or Seller has used commercially reasonable efforts to sell the Gas to a third party, and no such replacement or sale is available for all or any portion of the Contract Quantity of Gas, then in addition to (i) or (ii) above, as applicable, the sole and exclusive remedy of the performing party with respect to the Gas not replaced or sold shall be an amount equal to any unfavorable difference between the Contract Price and the Spot Price, adjusted for such transportation to the applicable Delivery Point, multiplied by the quantity of such Gas not replaced or sold. Imbal ance Charges shall not be recovered under this Section 3.2, but Seller and/or Buyer shall be responsible for Imbalance Charges, if any, as provided in Section 4.3. The amount of such unfavorable difference shall be payable five Business Days after presentation of the performing party’s invoice, which shall set forth the basis upon which such amount was calculated. Spot Price Standard: 3.2. The sole and exclusive remedy of the parties in the event of a breach of a Firm obligation to deliver or receive Gas shall be recovery of the following: (i) in the event of a breach by Seller on any Day(s), payment by Seller to Buyer in an amount equal to the difference between the Contract Quantity and the actual quantity delivered by Seller and received by Buyer for such Day(s), m ultiplied Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 6 of 13 September 5, 2006 by the positive difference, if any, obtained by subtracting the Contract Price from the Spot Price; or (ii) in the event of a breach by Buyer on any Day(s), payment by Buyer to Seller in an amount equal to the difference between the Contract Quantity and the actual q uantity delivered by Seller and received by Buyer for such Day(s), multiplied by the positive di fference, if any, obtained by subtracting the applicable Spot Price from the Contract Price. Imbalance Charges shall not be recovered under this Section 3.2, but Seller a nd/or Buyer shall be responsible for Imbalance Charges, if any, as provided in Sectio n 4.3. The amount of such unfavorable difference shall be payable five Business Days after presentation of the performing party’s invoice, which shall set forth the basis upon whic h such amount was calculated. 3.3. Notwithstanding Section 3.2, the parties may agree to Alternative Damages in a Transaction Confirmation executed in writing by both parties. 3.4. In addition to Sections 3.2 and 3.3, the parties may provide for a Termination Option in a Transaction Confirmation executed in writing by both parties. The Transaction Confirmation containing the Termination Option will designate the length of nonperformance triggering the Termination Option and the procedures for exercise thereof, how damages for nonperformance will be compensated , and how liquidation costs will be calculated. SECTION 4. TRANSPORTATION, NOMINATIONS, AND IMBALANCES 4.1. Seller shall have the sole responsibility for transporting the Gas to the Delivery Point(s). Buyer shall have the sole responsibility for transporting the Gas from the Delivery Point(s). 4.2. The parties shall coordinate their nomination activities, giving sufficient time to meet the deadlines of the affected Transporter(s). Each party shall give the other party timely prior Notice, sufficient to meet the requirements of all Transporter(s) involved in the transaction, of the quantities of Gas to be delivered and purchased each Day. Should either party become aware that actual deliveries at the Delivery Point(s) are greater or lesser than the Scheduled Gas, such party shall promptly notify the other party. 4.3. The parties shall use commercially reasonable efforts to avoid imposition of any Imbalance Charges. If Buyer or Seller receives an invoice from a Transporter that includes Imbalance Charges, the parties shall determine the validity as well as the cause of such Imbalance Charges. If the Imbalance Charges were incurred as a result of Buyer’s receipt of quantities of Gas greater than or less than the Scheduled Gas, then Buyer shall pay for such Imbalance Charges or reimburse Seller for such Imbalance Charges paid by Seller. If the Imbalance Charges were incurred as a result of Seller’s delivery of quantities of Gas greater than or less than the Scheduled Gas, then Seller shall pay for such Imbalance Charges or reimburse Buyer for such Imbalance Charges paid by Buyer. SECTION 5. QUALITY AND MEASUREMENT All Gas delivered by Seller shall meet the pressure, quality and heat content requirements of the Receiving Transporter. The unit of quantity measurement for purposes of this Contract shall be one MMBtu dry. Measurement of Gas quantities hereunder shall be in accordance with the established procedures of the Receiving Transporter. SECTION 6. TAXES The parties have selected either “Buyer Pays At and After Delivery Point” or “Seller Pays Before and At Delivery Point” as indicated on the Base Contract. Buyer Pays At and After Delivery Point: Seller shall pay or cause to be paid all taxes, fees, levies, penalties, licenses or charges imposed by any government authority (“Taxes”) on or with respect to the Gas prior to the Delivery Point(s). Buyer shall pay or cause to be paid all Taxes on or with respect to the Gas at the Delivery Point(s) and all Taxes after the Delivery Point(s). If a party is required to remit or pay Taxes that are the other party’s responsibility hereunder, the party responsible for such Taxes shall promptly reimburse the other party for such Taxes. Any party entitled to an exemption from any such Taxes or charges shall furnish the other party any necessary documentation thereof. Seller Pays Before and At Delivery Point: Seller shall pay or cause to be paid all taxes, fees, levies, penalties, licenses or charges imposed by any government authority (“Taxes”) on or with respect to the Gas prior to the Delivery Point(s) and all Taxes at the Delivery Point(s). Buyer shall pay or cause to be paid all Taxes on or with respect to the Gas after the Delivery Point(s). If a party is required to remit or pay Taxes that are the other party’s responsibility hereunder, the party responsible for such Taxes shall promptly reimburse the other party for such Taxes. Any party entitled to an exemption from any such Taxes or charges shall furnish the other party any necessary documentation thereof. SECTION 7. BILLING, PAYMENT, AND AUDIT 7.1. Seller shall invoice Buyer for Gas delivered and received in the preceding Month and for any other applicable charges, providing supporting documentation acceptable in industry practice to support the amount charged. If the actual quantity delivered is not known by the billing date, billing will be prepared based on the quantity of Scheduled Gas. The invoiced quantity will then be adjusted to the actual quantity on the following Month's billing or as soon thereafter as actual delivery information is available. 7.2. Buyer shall remit the amount due under Section 7.1 in the manner specified in the Base Contract, in immediately available funds, on or before the later of the Payment Date or 10 Days after receipt of the invoice by Buyer; provided that if the Payment Date is not a Business Day, payment is due on the next Business Day following that date. In the event any payments are due Buyer hereunder, payment to Buyer shall be made in accordance with this Section 7.2. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 7 of 13 September 5, 2006 7.3. In the event payments become due pursuant to Sections 3.2 or 3.3, the performing party may subm it an invoice to the nonperforming party for an accelerated payment setting forth the basis upon which the invoiced amount was calculated. Paymen t from the nonperforming party will be due five Business Days after receipt of invoice. 7.4. If the invoiced party, in good faith, disputes the amount of any such invoice or any part thereof, such invoiced party will pay such amount as it concedes to be correct; provided, however, if the invoiced party disputes the amount due, it must provide supporting documentation acceptable in industry practice to support the amount paid or disputed without undue delay. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 7.5. If the invoiced party fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus two percent per annum; or (ii) the maximum applicable lawful interest rate. 7.6. A party shall have the right, at its own expense, upon reasonable Notice and at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Contract. This right to examine, audit, and to obtain copies shall not be available with respect to proprietary information not directly relevant to transactions under this Contract. All invoices and billings shall be conclusively presumed final and accurate and all associated claims for under- or overpayments shall be deemed waived unless such invoices or billings are objected to in writing, with adequate explanation and/or documentation, within two years after the Month of Gas delivery. All retroactive adjustments under Section 7 shall be paid in full by the party owing payment within 30 Days of Notice and substantiation of such inaccuracy. 7.7. Unless the parties have elected on the Base Contract not to make this Section 7.7 applicable to this Contract, the parties shall net all undisputed amounts due and owing, and/or past due, arising under the Contract such that the party owing the greater amount sh all make a single payment of the net amount to the other party in accordance with Section 7; provided that no payment required to be made pursuant to the terms of any Credit Support Obligation or pursuant to Section 7.3 shall be subject to netting under this Section. If the parties have executed a separate netting agreement, the terms and conditions therein shall prevail to the exten t inconsistent herewith. SECTION 8. TITLE, WARRANTY, AND INDEMNITY 8.1. Unless otherwise specifically agreed, title to the Gas shall pass from Seller to Buyer at the Delivery Point(s). Seller shall have responsibility for and assume any liability with respect to the Gas prior to its delivery to Buyer at the specified Delivery Point(s). Buyer shall have responsibility for and assume any liability with respect to said Gas after its delivery to Buyer at the Deli very Point(s). 8.2. Seller warrants that it will have the right to convey and will transfer good and merchantable title to all Gas sold hereunder and delivered by it to Buyer, free and clear of all liens, encumbrances, and claims. EXCEPT AS PROVIDED IN THIS SECTION 8.2 AND IN SECTION 15.8, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE, ARE DISCLAIMED. 8.3. Seller agrees to indemnify Buyer and save it harmless from all losses, liabilities or claims including reasonable attorneys' fees and costs of court ("Claims"), from any and all persons, arising from or out of claims of title, personal injury (including death) or property damage from said Gas or other charges thereon which attach before title passes to Buyer. Buyer agrees to indemnify Seller and save it harmless from all Claims, from any and all persons, arising from or out of claims regarding payment, personal injury (including death) or property damage from said Gas or other charges thereon which attach after title passes to Buyer. 8.4. The parties agree that the delivery of and the transfer of title to all Gas under this Contract shall take place within the Customs Territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States 1 9 U.S.C. §1202, General Notes, page 3); provided, however, that in the event Seller took title to the Gas outside the Customs Territory of the United States, Seller represents and warrants that it is the importer of record for all Gas entered and delivered into the Un ited States, and shall be responsible for entry and entry summary filings as well as the payment of duties, taxes and fees, if any, and al l applicable record keeping requirements. 8.5. Notwithstanding the other provisions of this Section 8, as between Seller and Buyer, Seller will be liable for all Claims to the extent that such arise from the failure of Gas delivered by Seller to meet the quality requirements of Section 5. SECTION 9. NOTICES 9.1. All Transaction Confirmations, invoices, payment instructions, and other communications m ade pursuant to the Base Contract ("Notices") shall be made to the addresses specified in writing by the respective parties from time to time. 9.2. All Notices required hereunder shall be in writing and may be sent by facsimile or mutually acceptable electronic means, a nationally recognized overnight courier service, first class mail or hand delivered. 9.3. Notice shall be given when received on a Business Day by the addressee. In the absence of proof of the actual receipt date, the following presumptions will apply. Notices sent by facsimile shall be deemed to have been received upon the sending party's receipt of its facsimile machine's confirmation of successful transmission. If the day on which such facsimile is received i s not a Business Day or is after five p.m. on a Business Day, then such facsimile shall be deemed to have been received on the next following Business Day. Notice by overnight mail or courier shall be deemed to have been received on the next Business Day after it wa s sent or such earlier time as is confirmed by the receiving party. Notice via first class mail shall be considered delivered five Business Days after mailing. 9.4. The party receiving a commercially acceptable Notice of change in payment instructions or other payment information shall not be obligated to implement such change until ten Business Days after receipt of such Notice. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 8 of 13 September 5, 2006 SECTION 10. FINANCIAL RESPONSIBILITY 10.1. If either party (“X”) has reasonable grounds for insecurity regarding the performance of any obligation under this Contract (whether or not then due) by the other party (“Y”) (including, without limitation, the occurrence of a material change in the creditworthiness of Y or its Guarantor, if applicable), X may demand Adequate Assurance of Performance. “Adequate Assurance of Performance” shall mean sufficient security in the form, amount, for a term, and from an issuer, all as reasonably acceptable to X, including, but not limited to cash, a standby irrevocable letter of credit, a prepayment, a security interest in an asset or guaranty. Y hereby grants to X a continuing first priority security interest in, lien on, and right of setoff against all Adequate Assura nce of Performance in the form of cash transferred by Y to X pursuant to this Section 10.1. Upon the return by X to Y of such Ade quate Assurance of Performance, the security interest and lien granted hereunder on that Adequate Assurance of Performance shall be released automatically and, to the extent possible, without any further action by either party. 10.2. In the event (each an "Event of Default") either party (the "Defaulting Party") or its Guarantor shall: (i) make an assignment or any general arrangement for the benefit of creditors; (ii) file a petition or otherwise commence, authorize, or acquiesce in the commencement of a proceeding or case under any bankruptcy or similar law for the protection of creditors or have such petitio n filed or proceeding commenced against it; (iii) otherwise become bankrupt or insolvent (however evidenced); (iv) be unable to pay its debts as they fall due; (v) have a receiver, provisional liquidator, conservator, custodian, trustee or other similar official appointed with respect to it or substantially all of its assets; (vi) fail to perform any obligation to the other party with respect to any Credit Support Obligations relating to the Contract; (vii) fail to give Adequate Assurance of Performance under Section 10.1 within 48 hours but at least one Business Day of a written request by the other party; (viii) not have paid any amount due the other party hereunder on or before the second Business Day following written Notice that such payment is due; or ix) be the affected party with respect to any Additional Event of Default; then the other party (the "Non-Defaulting Party") shall have the right, at its sole election, to immediately withhold and/or suspend deliveries or payments upon Notice and/or to terminate and liquidate the transactions under the Contract, in the mann er provided in Section 10.3, in addition to any and all other remedies available hereunder. 10.3. If an Event of Default has occurred and is continuing, the Non -Defaulting Party shall have the right, by Notice to the Defaulting Party, to designate a Day, no earlier than the Day such Notice is given and no later than 20 Days after such Notice is given, as an early termination date (the “Early Termination Date”) for the liquidation and termination pursuant to Section 10.3.1 of all transactions under the Contract, each a “Terminated Transaction”. On the Early Termination Date, all transactions will terminate, other than those transactions, if any, that may not be liquidated and terminated under applicable law (“Excluded Transactions”), wh ich Excluded Transactions must be liquidated and terminated as soon thereafte r as is legally permissible, and upon termination shall be a Terminated Transaction and be valued consistent with Section 10.3.1 below. With respect to each Excluded Transaction, its ac tual termination date shall be the Early Termination Date for purposes of Section 10.3.1. The parties have selected either “Early Termination Damages Apply” or “Early Termination Damages Do Not Apply” as indicated on the Base Contract. Early Termination Damages Apply: 10.3.1. As of the Early Termination Date, the Non -Defaulting Party shall determine, in good faith and in a commercially reasonable manner, (i) the amount owed (whether or not then due) by each party with respect to all Gas delivered and received between the parties under Terminated Transactions and Excluded Transactions on and before the Early Termination Date and all other applicable charges relating to such deliveries and receipts (including without limitation any amounts owed under Section 3.2), for which payment has not yet been made by the party that owes such payment under this Contract and (ii) the Market Value, as defined below, of each Terminated Transaction. The Non-Defaulting Party shall (x) liquidate and accelerate each Terminated Transaction at its Market Value, so that each amount equal to the difference between such Market Value and the Contract Value, as defined below, of such Terminated Transaction(s) shall be due to the Buyer under the Terminated Transaction(s) if such Market Value exceeds the Contract Value and to the Seller if the opposite is the cas e; and (y) where appropriate, discount each amount then due under clause (x) above to present value in a commercially reasonable manner as of the Early Termination Date (to take account of the perio d between the date of liquidation and the date on which su ch amount would have otherwise been due pursuant to the relevant Terminated Transactions). For purposes of this Section 10.3.1, “Contract Value” means the amount of Gas remaining to be delivered or purchased under a transaction multiplied by the Contract Price, and “Market Value” means the amount of Gas remaining to be delivered or purchased under a transaction multiplied by the market price for a similar transaction at the Delivery Point determined by the Non -Defaulting Party in a commercially reasonable manner. To ascertain the Market Value, the Non-Defaulting Party may consider, among other valuations, any or all of the settlement prices of NYMEX Gas futures contracts, quotations from leading dealers in energy swa p contracts or physical gas trading markets, similar sales or purchases and any other bona fide third-party offers, all adjusted for the length of the term and differences in transportation costs. A party shall not be required to enter into a replacement transa ction(s) in order to determine the Market Value. Any extension(s) of the term of a transaction to which parties are not bound as of the Early Termination Date (including but not limited to “evergreen provisions”) shall not be considered in determining Contract Values and Market Values. For the avoidance of doubt, any option pursuant to which one party has the right to extend the term of a transaction shall be considered in determining Contract Values and Market Values. The rate of interest used in calculating net present v alue shall be determined by the Non-Defaulting Party in a commercially reasonable manner. Early Termination Damages Do Not Apply: 10.3.1. As of the Early Termination Date, the Non -Defaulting Party shall determine, in good faith and in a commercially reasonable manner, the amount owed (whether or not then due) by each party with respect to all Gas delivered and received between the parties under Terminated Transactions and Excluded Transactions on and before the Early Termination Date and all other Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 9 of 13 September 5, 2006 applicable charges relating to such deliveries and receipts (including without limitation any amounts owed under Section 3.2), for which payment has not yet been made by the party that owes such payment under this Contract. The parties have selected either “Other Agreement Setoffs Apply” or “Other Agreement Setoffs Do Not Apply” as indicated on the Base Contract. Other Agreement Setoffs Apply: Bilateral Setoff Option: 10.3.2. The Non-Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the partie s under Section 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payable by one party to the o ther (the “Net Settlement Amount”). At its sole option and without prior Notice to the Defaulting Party, the Non -Defaulting Party is hereby authorized to setoff any Net Settlement Amount against (i) any margin or other collateral held by a party in connection with any Credit Support Obligation relating to the Contract; and (ii) any amount(s) (including any excess cash margin or excess cash collateral) owed or held by the party that is entitled to the Net Settlement Amount under any other agreement or arrangement between the parti es. Triangular Setoff Option: 10.3.2. The Non-Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the parties under Section 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payable by one party to the o ther (the “Net Settlement Amount”). At its sole option, and without prior Notice to the Defaulting Party, the Non-Defaulting Party is hereby authorized to setoff (i) any Net Settlement Amount against any margin or other collateral held by a party in connection with any Credit Support Obligation relating to the Contract; (ii) any Net Settlement Amount against any amount(s) (including any excess cash margin or excess cash collateral) owed by or to a party under any other agreement or arrangement between the parties; (iii) any Net Settlement Amount owed to the Non-Defaulting Party against any amount(s) (including any excess cash margin or excess cash collateral) owed by the Non-Defaulting Party or its Affiliates to the Defaulting Party under any other agreement or arrangement; (iv) any Net Settlement Amount owed to the Defaulting Party against any amount(s) (including any excess cash margin or excess cash collateral) owed by the Defaulting Party to the Non-Defaulting Party or its Affiliates under any other agreement or arrangement; and/or (v) any Net Settlement Amount owed to the Defaulting Party against any amount(s) (including any excess cash margin or excess cash collateral) owed by the Defaulting Party or its Affiliates to the Non -Defaulting Party under any other agreement or arrangement. Other Agreement Setoffs Do Not Apply: 10.3.2. The Non-Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the parties under Section 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payable by one party to the o ther (the “Net Settlement Amount”). At its sole option and without prior Notice to the Defaulting Party, the Non -Defaulting Party may setoff any Net Settlement Amount against any margin or other collateral held by a party in connection with any Credit Support Obligation relating to the Contract. 10.3.3. If any obligation that is to be included in any netting, aggregation or setoff pursuant to Section 10.3.2 is unascertained, the Non-Defaulting Party may in good faith estimate that obligation and net, aggregate or setoff, as applicable, in respect of the estimate, subject to the Non-Defaulting Party accounting to the Defaulting Party when the obligation is ascertained. Any amount not then due which is included in any netting, aggregation or setoff pursuant to Section 1 0.3.2 shall be discounted to net present value in a commercially reasonable manner determined by the Non-Defaulting Party. 10.4. As soon as practicable after a liquidation, Notice shall be given by the Non -Defaulting Party to the Defaulting Party of the Net Settlement Amount, and whether the Net Settlement Amount is due to or due from the Non -Defaulting Party. The Notice shall include a written statement explaining in reasonable detail the calculation of the Net Settlement Amount, provided that failu re to give such Notice shall not affect the validity or enforceability of the liquidation or give rise to any claim by the Defaulting Par ty against the Non-Defaulting Party. The Net Settlement Amount as well as any setoffs applied against such amount pursuant to Sect ion 10.3.2, shall be paid by the close of business on the second Business Day following such Notice, which date shall not be earlier than the E arly Termination Date. Interest on any unpaid portion of the Net Settlement Amount as adjusted by setoffs, shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus two percent per annum; or (ii) the maximum applicable lawful interest rate. 10.5. The parties agree that the transactions hereunder constitute a "forward contract" within the meaning of the United States Bankruptcy Code and that Buyer and Seller are each "forward contract merchants" within the meaning of the United States B ankruptcy Code. 10.6. The Non-Defaulting Party's remedies under this Section 10 are the sole and exclusive remedies of the Non -Defaulting Party with respect to the occurrence of any Early Termination Date. Each party reserves to itself all other rights, setoffs , counterclaims and other defenses that it is or may be entitled to arising from the Contract. 10.7. With respect to this Section 10, if the parties have executed a separate netting agreement with close -out netting provisions, the terms and conditions therein shall prevail to the extent inconsistent herewith. SECTION 11. FORCE MAJEURE 11.1. Except with regard to a party's obligation to make payment(s) due under Section 7, Section 10.4, and Imbalance Charges under Section 4, neither party shall be liable to the other for failure to perform a Firm obligation, to the extent such failure was caused by Force Majeure. The term "Force Majeure" as employed herein means any cause not reasonably within the control of the party claiming suspension, as further defined in Section 11.2. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 10 of 13 September 5, 2006 11.2. Force Majeure shall include, but not be limited to, the following: (i) physical events such as acts of God, landslides, lightning, earthquakes, fires, storms or storm warnings, such as hurricanes, which result in evacuation of the affected area, floods, wa shouts, explosions, breakage or accident or necessity of repairs to machinery or equipment or lines of pipe; (ii) weather related events affecting an entire geographic region, such as low temperatures which cause freezing or failure of wells or lines of pipe; (ii i) interruption and/or curtailment of Firm transportation and/or storage by Transporters; (iv) acts of others such as strikes, lockouts or other industrial disturbances, riots, sabotage, insurrections or wars, or acts of terror; and (v) governmental actions such as necessity for compliance with any court order, law, statute, ordinance, regulation, or policy having the effect of law promulgated by a governmental a uthority having jurisdiction. Seller and Buyer shall make reasonable efforts to avoid the adver se impacts of a Force Majeure and to resolve the event or occurrence once it has occurred in order to resume performance. 11.3. Neither party shall be entitled to the benefit of the provisions of Force Majeure to the extent performance is affected by an y or all of the following circumstances: (i) the curtailment of interruptible or secondary Firm transportation unless primary, in -path, Firm transportation is also curtailed; (ii) the party claiming excuse failed to remedy the condition and to resume the performanc e of such covenants or obligations with reasonable dispatch; or (iii) economic hardship, to include, without limitation, Seller’s ability to sell Gas at a higher or more advantageous price than the Contract Price, Buyer’s ability to purchase Gas at a lower or more advantageous price than the Contract Price, or a regulatory agency disallowing, in whole or in part, the pass through of costs resulting from this Contract; (iv) the loss of Buyer’s market(s) or Buyer’s inability to use or resell Gas purchased hereunder, except, in either case, as provided in Section 11.2; or (v) the loss or failure of Seller’s gas supply or depletion of reserves, except, in either case, as provided in Section 11.2. The party claiming Force Majeure shall not be excused from its responsibility for Imbalance Charges. 11.4. Notwithstanding anything to the contrary herein, the parties agree that the settlement of strikes, lockouts or other industri al disturbances shall be within the sole discretion of the party experiencing such disturbance. 11.5. The party whose performance is prevented by Force Majeure must provide Notice to the other party. Initial Notice may be given orally; however, written Notice with reasonably full particulars of the event or occurrence is required as soon as reasonably possible. Upon providing written Notice of Force Majeure to the other party, the affected party will be relieved of its obligation, from the onset of the Force Majeure event, to make or accept delivery of Gas, as applicable, to the extent and for the duration of Force Majeure, and neither party shall be deemed to have failed in such obligations to the other during such occurrence or event. 11.6. Notwithstanding Sections 11.2 and 11.3, the parties may agree to alternative Force Majeure provisions in a Transaction Confirmation executed in writing by both parties. SECTION 12. TERM This Contract may be terminated on 30 Day’s written Notice, but shall remain in effect until the expiration of the latest Delivery Period of any transaction(s). The rights of either party pursuant to Section 7.6, Section 10, Section 13, the obligations to make payment hereunder, and the obligation of either party to indemnify the other, pursuant hereto shall survive the termination of the Base Contract or any transaction. SECTION 13. LIMITATIONS FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY. A PARTY’S LIABILITY HEREUNDER SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN OR IN A TRANSACTION, A PARTY’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY. SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 11 of 13 September 5, 2006 SECTION 14. MARKET DISRUPTION If a Market Disruption Event has occurred then the parties shall negotia te in good faith to agree on a replacement price for the Floating Price (or on a method for determining a replacement price for the Floating Price) for the affected Day, and if the parties ha ve not so agreed on or before the second Business Day following t he affected Day then the replacement price for the Floating Price shall be determined within the next two following Business Days with each party obtaining, in good faith and from non -affiliated market participants in the relevant market, two quotes for prices of Gas for the affected Day of a similar quality and quantity in the geographical location closest in proximity to the Delivery Point and averaging the four quotes. If either party fails to provide two quote s then the average of the other party’s two quotes shall determine the replacement price for the Floating Price. "Floating Price" means the price or a factor of the price agreed to in the transaction as being based upon a specified index. "Market Disruption Event" means, w ith respect to an index specified for a transaction, any of the following events: (a) the failure of the index to announce or publish information necessary for determining the Floating Price; (b) the failure of trading to commence or the permanent discontinuation or mate rial suspension of trading on the exchange or market acting as the index; (c) the temporary or permanent discontinuance or unavailabil ity of the index; (d) the temporary or permanent closing of any exchange acting as the index; or (e) both parties agree that a mate rial change in the formula for or the method of determining the Floating Price has occurred. For the purposes of the calculation of a rep lacement price for the Floating Price, all numbers shall be rounded to three decimal places. If the fourth decimal num ber is five or greater, then the third decimal number shall be increased by one and if the fourth decimal number is less than five, then the third decim al number shall remain unchanged. SECTION 15. MISCELLANEOUS 15.1. This Contract shall be binding upon and inure to the benefit of the successors, assigns, personal representatives, and heirs of the respective parties hereto, and the covenants, conditions, rights and obligations of this Contract shall run for the full term of this Contract. No assignment of this Contract, in whole or in part, will be made without the prior written consent of the non-assigning party (and shall not relieve the assigning party from liability hereunder), which consent will not be unreasonably withheld or delayed; provided, either party may (i) transfer, sell, pledge, encumber, or assign this Contract or the accounts, revenues, or proceeds hereof in connection with any financing or other financial arrangements, or (ii) transfer its interest to any parent or Affiliate by assignment, merger or otherwise without the prior approval of the other party. Upon any such assignment, transfer and assumption, the transferor shall remain principally liable for and shall not be relieved of or discharged from any obligations hereunder. 15.2. If any provision in this Contract is determined to be invalid, void or unenforceable by any court having jurisdiction, such determination shall not invalidate, void, or make unenforceable any other provision, agreement or covenant of this Contract. 15.3. No waiver of any breach of this Contract shall be held to be a waiver of any other or subsequent breach. 15.4. This Contract sets forth all understandings between the parties respecting each transaction subject hereto, and any prior contracts, understandings and representations, whether oral or written, relating to such transactions are merged into and superseded by this Contract and any effective transaction(s). This Contract may be amended only by a writing executed by both parties. 15.5. The interpretation and performance of this Contract shall be governed by the laws of the jurisdiction as indicated on the Base Contract, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. 15.6. This Contract and all provisions herein will be subject to all applicable and valid statutes, rules, orders and regulations of any governmental authority having jurisdiction over the parties, their facilities, or Gas supply, this Contract or transaction or any provisions thereof. 15.7. There is no third party beneficiary to this Contract. 15.8. Each party to this Contract represents and warrants that it has full and complete authority to enter into and perform this Contract. Each person who executes this Contract on behalf of either party represents and warrants that it has full and complete autho rity to do so and that such party will be bound thereby. 15.9. The headings and subheadings contained in this Contract are used solely for convenience and do not constitute a part of this Contract between the parties and shall not be used to construe or interpret the provisions of this Contract. 15.10. Unless the parties have elected on the Base Contract not to make this Section 15.10 applicable to this Contract, neither party shall disclose directly or indirectly without the prior written consent of the other party the terms of any transaction to a third party (other than the employees, lenders, royalty owners, counsel, accountants and other agents of the party, or prospective purchasers of all or substantially all of a party’s assets or of any rights under this Contract, provided such persons shall have agreed to keep such terms confidential) except (i) in order to comply with any applicable law, order, regulation, or exchange rule, (ii) to the extent necessary for the enforcement of this Contract , (iii) to the extent necessary to implement any transaction, (iv) to the extent necessary to comply with a regulatory agency’s reporting requirements including but not limited to gas cost recovery proceedings; or (v) to the extent such information is delivered to such third party for the sole purpose of calculating a published index. Each party shall notify the other party of any proceeding of which it is aware which may result in disclosure of the terms of any transaction (other than as permitted hereunder) and use reasonable efforts to prevent or limit the disclosure. The existence of this Contract is not subject to this confidentiality obligation. Subject to Section 13, the parties shall be entitled to all remedies available at law or in equity to enforce, or seek relief in connection with this confidentiality obligation. The terms of any transaction hereunder shall be kept confidential by the parties hereto for one year from the expiration of the transaction. In the event that disclosure is required by a governmental body or applicable law, the party subject to such requirement may disclose the material terms of this Contract to the extent so required, but shall promptly notify the other party, prior to disclosure , and shall cooperate (consistent with the disclosing party’s legal obligations) with the other party’s efforts to obtain protective orders or similar restraints with respect to such disclosure at the expense of the other party. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 12 of 13 September 5, 2006 15.11. The parties may agree to dispute resolution procedures in Special Provisions attached t o the Base Contract or in a Transaction Confirmation executed in writing by both parties 15.12. Any original executed Base Contract, Transaction Confirmation or other related document may be digitally copied, photocopied, or stored on computer tapes and disks (the “Imaged Agreement”). The Imaged Agreement, if introduced as evidence on paper, the Transaction Confirmation, if introduced as evidence in automated facsimile form, the recording, if introduced as e vidence in its original form, and all computer records of the foregoing, if introduced as evidence in printed format, in any judicial, arbitration, mediation or administrative proceedings will be admissible as between the parties to the same extent and under the same condi tions as other business records originated and maintained in documentary form. Neither Party shall object to the admissibility of the recording, the Transaction Confirmation, or the Imaged Agreement on the basis that such were not originated or maintained in documentary form. However, nothing herein shall be construed as a waiver of any other objection to the admissibility of such evidence. DISCLAIMER: The purposes of this Contract are to facilitate trade, avoid misunderstandings and make more definite the terms of contracts of purchase and sale of natural gas. Further, NAESB does not mandate the use of this Contract by any party. NAESB DISCLAIMS AND EXCLUDES, AND ANY USER OF THIS CONTRACT ACKNOWLEDGES AND AGREES TO NAESB'S DISCLAIMER OF, ANY AND ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THIS CONTRACT OR ANY PART THEREOF, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE (WHETHER OR NOT NAESB KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. EACH USER OF THIS CONTRACT ALSO AGREES THAT UNDER NO CIRCUMSTANCES WILL NAESB BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS CONTRACT. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 13 of 13 September 5, 2006 TRANSACTION CONFIRMATION EXHIBIT A FOR IMMEDIATE DELIVERY Letterhead/Logo Date: ____________________________, _____ Transaction Confirmation #: _______________ This Transaction Confirmation is subject to the Base Contract between Seller and Buyer dated______________________. The terms of this Transaction Confirmation are binding unless disputed in writing within 2 Business Days of receipt unless otherwise specified in the Base Contract. SELLER: _______________________________________________ _______________________________________________ _______________________________________________ Attn: ___________________________________________ Phone: _________________________________________ Fax: ___________________________________________ Base Contract No. ________________________________ Transporter: _____________________________________ Transporter Contract Number: _______________________ BUYER: _______________________________________________ _______________________________________________ _______________________________________________ Attn: ___________________________________________ Phone: _________________________________________ Fax: ___________________________________________ Base Contract No. ________________________________ Transporter: _____________________________________ Transporter Contract Number: _______________________ Contract Price: $ /MMBtu or ______________________________________________________________________ Delivery Period: Begin: , ___ End: , ___ Performance Obligation and Contract Quantity: (Select One) Firm (Fixed Quantity): Firm (Variable Quantity): Interruptible: MMBtus/day MMBtus/day Minimum Up to MMBtus/day EFP MMBtus/day Maximum subject to Section 4.2. at election of Buyer or Seller Delivery Point(s): ________________________ (If a pooling point is used, list a specific geographic and pipeline location): Special Conditions: Seller: __________________________________________ By: ____________________________________________ Title: ___________________________________________ Date: __________________________________________ Buyer: __________________________________________ By: ____________________________________________ Title: ___________________________________________ Date: __________________________________________ 1 Special Provisions To the NAESB Base Contract for Sale and Purchase of Natural Gas Between City of Vernon, a chartered City and Municipal Corporation of the State of California (“Party A”) And Citadel Energy Marketing LLC (“Party B”) The amendments to the Base Contract for Sale and Purchase of Natural Gas (“Contract”) set forth in these Special Provisions shall supplement and form part of the Contract and shall govern with respect to any conflicting or inconsistent provision in the Contract. Except as amended, the Contract shall remain in full force and effect. All Gas transactions are entered into in reliance on the fact that the Contract, each and all Gas transactions hereunder, and each and all Transaction Confirmations together constitute a single agreement between the parties. All Gas transactions in effect on the date hereof, and all Gas transactions entered into between the parties on or after the date hereof, shall be governed by this Contract. The parties expressly intend that this Contract govern all transactions for the purchase and sale of Gas between them. 1. Section 10.1 shall be amended as follows: (a) Deleting the second sentence and replacing it with the following: “Adequate Assurance of Performance” shall be in an amount not to exceed Net Exposure and shall mean security in the form of cash or a letter of credit in form and substance acceptable to X. Y shall transfer Adequate Assurance of Performance requested in accordance with this Contract by X within five (5) business days following demand. To the extent there is a disagreement as to the amount of Adequate Assurance of Performance to be transferred hereunder, undisputed amounts shall be transferred as otherwise provided hereunder and the parties shall act in good faith and in an expeditious manner to reconcile such differences. (b) Adding the following at the end of Section 10.1: Upon or after the designation of an Early Termination Date by X, X may draw on any outstanding letter of credit in an amount that is equal to all amounts that a re due and owing from Y but have not yet been paid to X within the time allowed for such payments under this Contract (including any related notice or grace period) in accordance with the specific requirements of the letter of credit. Notwithstanding any provisions of applicable law, the parties agree that they sha ll only be entitled to request Adequate Assurance of Performance as specifically provided in this Contract. “Net Exposure” shall mean, on any given day, an amount equal to the positive value of the Net Settlement Amount that would be owed to X from Y if an Early 2 Termination Date occurred and all transactions terminated less any Posted Support (without giving effect to any rights which allow for setoff of obligations not arising from this Contract). “Posted Support” means Adequate Assurance of Performance or any margin or other collateral transferred to X in connection with the Contract. 2. Section 10.2 shall be amended as follows: (a) clause (vi) is amended by inserting the phrase “on or before the fifth Business Day following written Notice of such failure by the other party” at the end thereof; and (b) by adding the following clause after the words "suspend deliveries or payments": "in respect of all, but not less than all transactions under the Contract, provided, however, in no event shall any such suspension or withholding continue for longer than ten (10) Business Days unless an Early Termination Date has been designated pursuant to Section 10.3,". 3. Section 10.3.1 is amended as follows: (a) by adding the following clause at the end of the parenthetical in the fourth line thereof: "and any amounts that would have become payable but for the exercise by the Non-Defaulting Party of its right to withhold and/or suspend payments under Section 10.2"; (b) by inserting at the end of the definition of “Market Value” the following parenthetical: “(including obligations which would have been required to be settled by physical delivery but for the exercise by the Non -Defaulting Party of its right to withhold and/or suspend deliveries under Section 10.2)”; and (c) by replacing the word "may" with the word "shall" in the fourth line of the second paragraph thereof. 4. Section 11.1 is amended by inserting after the words “claiming suspension” in last sentence thereof, the words “preventing the party from making or taking delivery of Gas at the Delivery Point”. 5. Section 11.2 is amended by inserting after the words “shall make” in the last sentence thereof, the word “commercially”. 6. Section 15.8 is amended by adding the following at the end thereof: 3 “In addition, each party to this Contract makes the following representations, which representations will be deemed to be repeated by each party on each date on which a transaction hereunder is entered into: (a) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation; (b) it has all governmental and regulatory approval necessary for it to legally perform its obligations under this Base Contract and each transaction hereunder; (c) the execution, delivery and performance of this Base Contract and each transaction hereunder are within its powers, have been duly authorized by all necessary action and do not violate any of the terms and conditions in its governing documents, any contracts to which it is a party or any law, rule, regulation, order or the like to which it is subject; and (d) this Contract, each transaction hereunder, and each other document executed and delivered in accordance with this Contract constitutes its legally valid and binding obligations enforceable against it in accordance with their respective terms (subject to applicable bankruptcy, reorganization, moratorium or similar laws affecting creditors’ rights generally and subject, as to enforceability, to equitable principles of general application regardless of whether enforcement is sought in a proceeding in equity or at law). 7. Section 15.10 is amended as follows: (a) Section 15.10 shall be amended by deleting the words “Subject to Section 13” and replacing them with “Notwithstanding Section 13” and adding the following to the end of the sentence “including without limitation consequential or indirect damages. (b) The last paragraph of Section 15.10 is deleted and replaced: “Notwithstanding the foregoing, “Party B” acknowledges that (a) City of Vernon is a municipality subject to the requirements of the Brown Act and the California Public Records Act (”CPRA"), and (b) City of Vernon may be required to disclose certain information regarding the terms of any transaction hereunder between the parties to the public as part of its approval process. If the City of Vernon receives a request for information concerning this Base Contract or the terms of any transaction hereunder between the parties under the CPRA, City of Vernon will notify Party B prior to the date of the required disclosure as to the nature of the request or requirement and City of Vernon’s interpretation of the applicable 4 disclosure requirements. “Party B” will have the sole obligation at its sole expense to seek a protective order or other appropriate remedy to prevent disclosure.” 8. Section 15 shall be amended by adding the following as Section 15.13: “15.13. WAIVER OF TRIAL BY JURY. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY ACTION, SUIT OR PROCEEDINGS IN RELATION TO THIS CONTRACT.” [Signature Page to Follow] 5 IN WITNESS WHEREOF, the parties have executed these Special Provisions to supplement and, where applicable, to modify and supersede the Base Contract by and between the parties. CITY OF VERNON (Party A) CITADEL ENERGY MARKETING LLC By: Citadel Advisors LLC, its Manager (Party B) By: _________________________ By: ____________________________ Name: _________________________ Name: ____________________________ Title: _________________________ Title: ____________________________ Date: _________________________ Date: ____________________________ ATTEST: ________________________________ Lisa Pope, City Clerk APPROVED AS TO FORM: ________________________________ Zaynah N. Moussa, Interim City Attorney Carlos Fandino City Administrator Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved September 5, 2006 Base Contract for Sale and Purchase of Natural Gas This Base Contract is entered into as of the following date: July 13, 2021 The parties to this Base Contract are the following: PARTY A DTE Energy Trading, Inc. PARTY NAME PARTY B 414 South Main Street, Suite 200 Ann Arbor, MI 48104 ADDRESS 4305 Santa Fe Ave. Vernon, CA 90058 www.dteenergy.com BUSINESS WEBSITE www.cityofvernon.org CONTRACT NUMBER 17-998-9231 D-U-N-S® NUMBER 060883022 X US FEDERAL: 38-3323526 OTHER: TAX ID NUMBERS US FEDERAL: 95-6000808 OTHER: Michigan JURISDICTION OF ORGANIZATION California X Corporation LLC Limited Partnership Partnership LLP Other: COMPANY TYPE Corporation LLC Limited Partnership Partnership LLP Other: City of Vernon, a Chartered City and Municipal Corp. of the State of California GUARANTOR (IF APPLICABLE) CONTACT INFORMATION 414 South Main Street, Suite 200, Ann Arbor, MI 48104 ATTN: Sahand Saberi TEL#: 734-887-4197 FAX#: EMAIL:sahand.saberi@dteenergy.com ▪ COMMERCIAL ATTN: Shawn Sharif & Efrain Sandoval TEL#: 323-826-1424 FAX#: 323-826-3629 EMAIL: ssharif@ci.vernon.ca.us & esandoval@ci.vernon.ca.us 414 South Main Street, Suite 200, Ann Arbor, MI 48104 ATTN: Margo Pardi, Director of Gas Operations TEL#: 734-887-4015 FAX#: 734-887-4060 EMAIL: marguerite.pardi@dteenergy.com 24 HR#: 800-506-9857 ▪ SCHEDULING ATTN: Shawn Sharif & Efrain Sandoval TEL#: 323-826-1424 FAX#: 323-826-3629 EMAIL: ssharif@ci.vernon.ca.us & esandoval@ci.vernon.ca.us 24 HR# 323-826-1461 414 South Main Street, Suite 200, Ann Arbor, MI 48104 ATTN: Don Richmond, Head of Contract Administration TEL#: 734-887-2161 FAX#: 734-887-4061 EMAIL: DTE_Contract_Admin@dteenergy.com Dodd Frank Issues: ATTN: Carl Borghi, Risk Mgr – Trading & Mkting FERC Gas TEL#: 734-887-2134 FAX#: 734-887-4065 EMAIL: carl.borghi@dteenergy.com ▪ CONTRACT AND LEGAL NOTICES ATTN: Zaynah Moussa TEL#: 323-583-8811 Ext.839 FAX#: 323-826-1431 EMAIL: zmoussa@ci.vernon.ca.us 414 South Main Street, Suite 200, Ann Arbor, MI 48104 ATTN: Credit Risk Management TEL#: 734-887-4204 FAX#: 734-887-4065 EMAIL: Franklin.Roberts@dteenergy.com ▪ CREDIT ATTN: Javier Valdez TEL#: 323-583-8811 Ext.825 FAX#: 323-826-1431 EMAIL: jvaldez@ci.vernon.ca.us 414 South Main Street, Suite 200, Ann Arbor, MI 48104 ATTN: Evan McMurray, Deal Assistant TEL#: 734-887-4035 FAX#: 734-887-4062 EMAIL: DTE_CONFIRMS@dteenergy.com ▪ TRANSACTION CONFIRMATIONS ATTN: Ruben Rodriguez TEL#: 323-583-8811 Ext: 275 FAX#: 323-826-3629 EMAIL: rrodriguez@ci.vernon.ca.us Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 2 of 14 September 5, 2006 ACCOUNTING INFORMATION 414 South Main Street, Suite 200, Ann Arbor, MI 48104 ATTN: Bina Desai Sr. Business Associate TEL#: 734-887-2080 FAX#: 734-887-2140 EMAIL: DTE_GAS_STTLMTS@dteenergy.com ▪ INVOICES ▪ PAYMENTS ▪ SETTLEMENTS ATTN: City of Vernon Treasury Department TEL#: 323-583-8811 Ext: 227 FAX#: 323-826-3629 EMAIL: invoices@ci.vernon.ca.us BANK: JPMorgan Chase Bank, N.A. ABA: 021000021 Account No: 1437963 OTHER DETAILS: WIRE TRANSFER NUMBERS (IF APPLICABLE) BANK: ABA: ACCT: OTHER DETAILS: BANK: JPMorgan Chase Bank, N.A. ABA: 072000326 Account No: 1437963 OTHER DETAILS ACH NUMBERS (IF APPLICABLE) BANK: East West Bank ABA: #322070381 ACCT: 80362791 OTHER DETAILS: Gas & Electric Acct. ATTN: ADDRESS: CHECKS (IF APPLICABLE) ATTN: ADDRESS: Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 3 of 14 September 5, 2006 Base Contract for Sale and Purchase of Natural Gas (Continued) This Base Contract incorporates by reference for all purposes the General Terms and Conditions for Sale and Purchase of Natural Gas published by the North American Energy Standards Board. The parties hereby agree to the following provisions offered in said General Terms and Conditions. In the event the parties fail to check a box, the specified default provision shall apply. Select the appropriate box(es) from each section: Section 1.2 Transaction Procedure X Oral (default) OR Written Section 10.2 Additional Events of Default X No Additional Events of Default (default) Indebtedness Cross Default Party A: Party B: Transactional Cross Default Specified Transactions: Section 2.7 Confirm Deadline X 2 Business Days after receipt (default) OR Business Days after receipt Section 2.8 Confirming Party X Seller (default) OR Buyer Section 3.2 Performance Obligation X Cover Standard (default) OR Spot Price Standard Section 10.3.1 Early Termination Damages X Early Termination Damages Apply (default) OR Early Termination Damages Do Not Apply Note: The following Spot Price Publication applies to both of the immediately preceding. Section 10.3.2 Other Agreement Setoffs X Other Agreement Setoffs Apply (default) X Bilateral (default) Triangular OR Other Agreement Setoffs Do Not Apply Section 2.31 Spot Price Publication X Gas Daily Midpoint (default) OR Section 6 Taxes X Buyer Pays At and After Delivery Point (default) OR Seller Pays Before and At Delivery Point Section 7.2 Payment Date X 25th Day of Month following Month of delivery (default) OR Day of Month following Month of delivery Section 15.5 Choice of Law California Section 7.2 Method of Payment Wire transfer (default) X Automated Clearinghouse Credit (ACH) Check Section 15.10 Confidentiality X Confidentiality applies (default) OR Confidentiality does not apply Section 7.7 Netting X Netting applies (default) OR Netting does not apply X Special Provisions Number of sheets attached: 3 (three) Addendum(s): IN WITNESS WHEREOF, the parties hereto have executed this Base Contract in duplicate. DTE ENERGY TRADING, INC. PARTY NAME City of Vernon By: SIGNATURE By: PRINTED NAME Carlos Fandino TITLE City Administrator ATTEST: APPROVED AS TO FORM: ____________________________ __________________________________ Lisa Pope, City Clerk Zaynah N. Moussa, Interim City Attorney Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 4 of 14 September 5, 2006 General Terms and Conditions Base Contract for Sale and Purchase of Natural Gas SECTION 1. PURPOSE AND PROCEDURES 1.1. These General Terms and Conditions are intended to facilitate purchas e and sale transactions of Gas on a Firm or Interruptible basis. “Buyer” refers to the party receiving Gas and “Seller” refers to the party delivering Gas. The entire agreement between the parties shall be the Contract as defined in Section 2.9. The parties have selected either the “Oral Transaction Procedure” or the “Written Transaction Procedure” as indicated on the Base Contract. Oral Transaction Procedure: 1.2. The parties will use the following Transaction Confirmation procedure. Any Gas purchase and s ale transaction may be effectuated in an EDI transmission or telephone conversation with the offer and acceptance constituting the agreement of the parties. The parties shall be legally bound from the time they so agree to transaction terms and may each r ely thereon. Any such transaction shall be considered a “writing” and to have been “signed”. Notwithstanding the foregoing sentence, the parties agree that Confirming Party shall, and the other party may, confirm a telephonic transaction by sending the o ther party a Transaction Confirmation by facsimile, EDI or mutually agreeable electronic means within three Business Days of a transaction covered by this Section 1.2 (Oral Transaction Procedure) provided that the failure to send a Transaction Confirmation shall not invalidate the oral agreement of the parties. Confirming Party adopts its confirming letterhead, or the like, as its signature on any Transactio n Confirmation as the identification and authentication of Confirming Party. If the Transaction Con firmation contains any provisions other than those relating to the commercial terms of the transaction (i.e., price, quantity, performance obligation, delivery point, period of delivery and/or transportation conditions), which modify or supplement the Base Contract or General Terms and Conditions of this Contract (e.g., arbitration or additional representations and warranties), such provisions shall not be de emed to be accepted pursuant to Section 1.3 but must be expressly agreed to by both parties; provide d that the foregoing shall not invalidate any transaction agreed to by the parties. Written Transaction Procedure: 1.2. The parties will use the following Transaction Confirmation procedure. Should the parties come to an agreement regarding a Gas purchase and sale transaction for a particular Delivery Period, the Confirming Party shall, and the other party may, record that agreement on a Transaction Confirmation and communicate such Transaction Confirmation by facsimile, EDI or mutually agreeable electronic means, to the other party by the close of the Business Day following the date of agreement. The parties acknowledge that their agreement will not be binding until the exchange of nonconflicting Transaction Confirmations or the passage of the Confirm Deadline without objection from the receiving party, as provided in Section 1.3. 1.3. If a sending party’s Transaction Confirmation is materially different from the receiving party’s understanding of the agreement referred to in Section 1.2, such receiving party shall notify the sending party via facsimile, EDI or mutually agreeable electronic means by the Confirm Deadline, unless such receiving party has previously sent a Transaction Confirmation to the sending party. The failure of the receiving party to so notify the sending party in writing by the Confirm Deadline constitutes the receiving party’s agreement to the terms of the transaction described in the sending party’s Transaction Confirmation. If there are any material differences between timely sent Transaction Confirmations governing the same transaction, then neither Transaction Confirmation shall be binding until or unless such differences are resolved including the use of any evidence that clearly resolves the differences in the Transaction Confirmations. In the event of a conflict among the terms of (i) a binding Transaction Confirmation pursuant to Section 1.2, (ii) the oral agreement of the parties which may be evidenced by a recorded conversation, where the parties have selected the Oral Transaction Procedure of the Base Contract, (iii) the Base Contract, and (iv) these General Terms and Conditions, the terms of the documents shall govern in the priority listed in this sentence. 1.4. The parties agree that each party may electronically record all telephone conversations with respect to this Contract between their respective employees, without any special or further notice to the other party. Each party shall obtain any necessary consent of its agents and employees to such recording. Where the parties have selected the Oral Transaction Procedure in Section 1.2 of the Base Contract, the parties agree not to contest the validity or enforceability of telephonic recordings entered into in accordance with the requirements of this Base Contract. SECTION 2. DEFINITIONS The terms set forth below shall have the meaning ascribed to them below. Other terms are also defined elsewhere in the Contract and shall have the meanings ascribed to them herein. 2.1. “Additional Event of Default” shall mean Transactional Cross Default or Indebtedness Cross Default, each as and if selected by the parties pursuant to the Base Contract. 2.2. “Affiliate” shall mean, in relation to any person, any entity controlled, directly or indirectly, by the person, any entity that controls, directly or indirectly, the person or any entity directly or indirectly under common control with the person. For this purpose, “control” of any entity or person means ownership of at least 50 percent of the voting power of the entity or person. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 5 of 14 September 5, 2006 2.3. “Alternative Damages” shall mean such damages, expressed in dollars or dollars per MMBtu, as the parties shall agree upon in the Transaction Confirmation, in the event either Seller or Buyer fails to perform a Firm obligation to deliver Gas in the case of Seller or to receive Gas in the case of Buyer. 2.4. “Base Contract” shall mean a contract executed by the parties that incorporates these General Terms and Conditions by reference; that specifies the agreed selections of provisions contained herein; and that sets forth other information required herein and any Special Provisions and addendum(s) as identified on page one. 2.5. “British thermal unit” or “Btu” shall mean the International BTU, which is also called the Btu (IT). 2.6. “Business Day(s)” shall mean Monday through Friday, excluding Federal Banking Holidays for transactions in the U.S. 2.7. “Confirm Deadline” shall mean 5:00 p.m. in the receiving party’s time zone on the second Business Day following the Day a Transaction Confirmation is received or, if applicable, on the Business Day agreed to by t he parties in the Base Contract; provided, if the Transaction Confirmation is time stamped after 5:00 p.m. in the receiving party ’s time zone, it shall be deemed received at the opening of the next Business Day. 2.8. “Confirming Party” shall mean the party designated in the Base Contract to prepare and forward Transaction Confirmations to the other party. 2.9. “Contract” shall mean the legally-binding relationship established by (i) the Base Contract, (ii) any and all binding Transaction Confirmations and (iii) where the parties have selected the Oral Transaction Procedure in Section 1.2 of the Base Contract, any and all transactions that the parties have entered into through an EDI transmission or by telephone, but that h ave not been confirmed in a binding Transaction Confirmation, all of which shall form a single integrated agreement between the parties. 2.10. “Contract Price” shall mean the amount expressed in U.S. Dollars per MMBtu to be paid by Buyer to Seller for the purchase of Gas as agreed to by the parties in a transaction. 2.11. “Contract Quantity” shall mean the quantity of Gas to be delivered and taken as agreed to by the parties in a transaction. 2.12. “Cover Standard”, as referred to in Section 3.2, shall mean that if there is an unexcused failure to take or deliver any quantity of Gas pursuant to this Contract, then the performing party shall use commercially reasonable efforts to (i) if Buyer is the performing party, obtain Gas, (or an alternate fuel if elected by Buyer and replacement Gas is not available), or (ii) if Se ller is the performing party, sell Gas, in either case, at a price reasonable for the delivery or production area, as applicable, consist ent with: the amount of notice provided by the nonperforming party; the immediacy of the Buyer ’s Gas consumption needs or Seller’s Gas sales requirements, as applicable; the quantities involved; and the anticipated length of failure by the nonperforming party. 2.13. “Credit Support Obligation(s)” shall mean any obligation(s) to provide or establish credit support for, or on be half of, a party to this Contract such as cash, an irrevocable standby letter of credit, a margin agreement, a prepayment, a security interest in an asset, guaranty, or other good and sufficient security of a continuing nature. 2.14. “Day” shall mean a period of 24 consecutive hours, coextensive with a “day” as defined by the Receiving Transporter in a particular transaction. 2.15. “Delivery Period” shall be the period during which deliveries are to be made as agreed to by the parties in a transaction. 2.16. “Delivery Point(s)” shall mean such point(s) as are agreed to by the parties in a transaction. 2.17. “EDI” shall mean an electronic data interchange pursuant to an agreement entered into by the parties, specifically relating to the communication of Transaction Confirmations und er this Contract. 2.18. “EFP” shall mean the purchase, sale or exchange of natural Gas as the “physical” side of an exchange for physical transaction involving gas futures contracts. EFP shall incorporate the meaning and remedies of “Firm”, provided that a party’s excuse for nonperformance of its obligations to deliver or receive Gas will be governed by the rules of the relevant futures exchange regulated under the Commodity Exchange Act. 2.19. “Firm” shall mean that either party may interrupt its performance without liability only to the extent that such performance is prevented for reasons of Force Majeure; provided, however, that during Force Majeure interruptions, the party invoking Force Majeure may be responsible for any Imbalance Charges as set forth in Section 4.3 related to its interruption after the nomination is made to the Transporter and until the change in deliveries and/or receipts is confirmed by the Transporter. 2.20. “Gas” shall mean any mixture of hydrocarbons and noncombustible gases in a gaseous state con sisting primarily of methane. 2.21. “Guarantor” shall mean any entity that has provided a guaranty of the obligations of a party hereunder. 2.22. “Imbalance Charges” shall mean any fees, penalties, costs or charges (in cash or in kind) assessed by a Transporter for failure to satisfy the Transporter’s balance and/or nomination requirements. 2.23. “Indebtedness Cross Default” shall mean if selected on the Base Contract by the parties with respect to a party, that it or its Guarantor, if any, experiences a default, or similar condition or event however therein defined, under one or more agreements or instruments, individually or collectively, relating to indebtedness (such indebtedness to include any obligatio n whether present or future, contingent or otherwise, as principal or surety or otherwise) for the payment or repayment of borrowed money in an aggregate amount greater than the threshold specified in the Base Contract with respect to such party or its Guarantor, if any, which results in such indebtedness becoming immediately due and payable. 2.24. “Interruptible” shall mean that either party may interrupt its performance at any time for any reason, whether or not caused by an event of Force Majeure, with no liability, except such interrupting party may be responsible for any Imba lance Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 6 of 14 September 5, 2006 Charges as set forth in Section 4.3 related to its interruption after the nomination is made to the Transporter and until the change in deliveries and/or receipts is confirmed by Transporter. 2.25. “MMBtu” shall mean one million British thermal units, which is equivalent to one dekatherm. 2.26. “Month” shall mean the period beginning on the first Day of the calendar month and ending immediately prior to the commencement of the first Day of the next calendar month. 2.27. “Payment Date” shall mean a date, as indicated on the Base Contract, on or before which payment is due Seller for Gas received by Buyer in the previous Month. 2.28. “Receiving Transporter” shall mean the Transporter receiving Gas at a Delivery Point, or absent such receiving Transporter, the Transporter delivering Gas at a Delivery Point. 2.29. “Scheduled Gas” shall mean the quantity of Gas confirmed by Transporter(s) for movement, transportation or management. 2.30. “Specified Transaction(s)” shall mean any other transaction or agreement between the parties for the purchase, sale or exchange of physical Gas, and any other transaction or agreement identified as a Specified Transaction under the Base Contract. 2.31. “Spot Price” as referred to in Section 3.2 shall mean the price listed in the publication indicated on the Base Cont ract, under the listing applicable to the geographic location closest in proximity to the Delivery Point(s) for the relevant Day; p rovided, if there is no single price published for such location for such Day, but there is published a range of prices, then the Spot Price shall be the average of such high and low prices. If no price or range of prices is published for such Day, then the Spot Price sh all be the average of the following: (i) the price (determined as stated above) for the first Day for which a price or range of prices is published that next precedes the relevant Day; and (ii) the price (determined as stated above) for the first Day for which a price or range of prices is published that next follows the relevant Day. 2.32. “Transaction Confirmation” shall mean a document, similar to the form of Exhibit A, setting forth the terms of a transaction formed pursuant to Section 1 for a particular Delivery Period. 2.33. “Transactional Cross Default” shall mean if selected on the Base Contract by the parties with respect to a party, that it shall be in default, however therein defined, under any Specified Transaction. 2.34. “Termination Option” shall mean the option of either party to terminate a transaction in the event that the other party fails to perform a Firm obligation to deliver Gas in the case of Seller or to receive Gas in the case of Buyer for a designated number of days during a period as specified on the applicable Transaction Confirmation. 2.35. “Transporter(s)” shall mean all Gas gathering or pipeline companies, or local distribution companies, acting in the capacity of a transporter, transporting Gas for Seller or Buyer upstream or downstream, respectively, of the Delivery Point pursuant to a particular transaction. SECTION 3. PERFORMANCE OBLIGATION 3.1. Seller agrees to sell and deliver, and Buyer agrees to receive and purchase, the Contract Quantity for a particular transaction in accordance with the terms of the Contract. Sales and purchases will be on a Firm or Interruptible basis, as agreed to by the parties in a transaction. The parties have selected either the “Cover Standard” or the “Spot Price Standard” as indicated on the Base Contract. Cover Standard: 3.2. The sole and exclusive remedy of the parties in the event of a breach of a Firm obligation to deliver or receive Gas sh all be recovery of the following: (i) in the event of a breach by Seller on any Day(s), payment by Seller to Buyer in an amount e qual to the positive difference, if any, between the purchase price paid by Buyer utilizing the Cover Standard and the Contract Price, adjusted for commercially reasonable differences in transportation costs to or from the Delivery Point(s), multiplied by the difference between the Contract Quantity and the quantity actually delivered by Seller for such Day(s) excluding any quantity for which no replacement is available; or (ii) in the event of a breach by Buyer on any Day(s), payment by Buyer to Seller in the amount equal to the positive difference, if any, between the Contract Price and the price received by Seller utilizing the Cover Standard for the resale of such Gas, adjusted for commercially reasonable differences in transportation costs to or from the Delivery Point(s), multiplied by the difference between the Contract Quantity and the quantity actually taken by Buyer for su ch Day(s) excluding any quantity for which no sale is available; and (iii) in the event that Buyer has used commercially reasonable efforts to replace the Gas or Seller has used commercially reasonable efforts to sell the Gas to a third party, and no such replacement or sale is available for all or any portion of the Contract Quantity of Gas, then in addition to (i) or (ii) above, as applicable, the sole and exclusive remedy of the performing party with respect to the Gas not replaced or sold shall be an amount equal to any unfavorable difference between the Contract Price and the Spot Price, adjusted for such transportation to the applicable Delivery Point, multiplied by the quantity of such Gas not replaced or sold. Imbalance Charges shall not be recovered under this Section 3.2, but Seller and/or Buyer shall be responsible for Imbalance Charges, if any, as provided in Section 4.3 . The amount of such unfavorable difference shall be payable five Business Days after presentation of the performing party ’s invoice, which shall set forth the basis upon which such amount was calculated. Spot Price Standard: 3.2. The sole and exclusive remedy of the parties in the event of a breach of a Firm obligation to deliver or receive Gas shall be recovery of the following: (i) in the event of a breach by Seller on any Day(s), payment by Seller to Buyer in an amount equal to the difference between the Contract Quantity and the actual quantity delivered by Seller and received by Buyer for such Day(s), Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 7 of 14 September 5, 2006 multiplied by the positive difference, if any, obtained by subtracting the Contract Price from the Spot Price; or (ii) in the event of a breach by Buyer on any Day(s), payment by Buyer to Seller in an amount equal to the difference between the Contract Quantity and the actual quantity delivered by Seller and received by Buyer for such Day(s), multiplied by the positive difference, if any, obtained by subtracting the applicable Spot Price from the Contract Price. Imbalance Charges shall not be recovered under th is Section 3.2, but Seller and/or Buyer shall be responsible for Imbalance Charges, if any, as provided in Section 4.3. The amount of such unfavorable difference shall be payable five Business Days after presentation of the performing party ’s invoice, which shall set forth the basis upon which such amount was calculated. 3.3. Notwithstanding Section 3.2, the parties may agree to Alternative Damages in a Transaction Confirmation executed in writing by both parties. 3.4. In addition to Sections 3.2 and 3.3, the parties may provide fo r a Termination Option in a Transaction Confirmation executed in writing by both parties. The Transaction Confirmation containing the Termination Option will designate the lengt h of nonperformance triggering the Termination Option and the procedures for e xercise thereof, how damages for nonperformance will be compensated, and how liquidation costs will be calculated. SECTION 4. TRANSPORTATION, NOMINATIONS, AND IMBALANCES 4.1. Seller shall have the sole responsibility for transporting the Gas to the Delivery Point(s). Buyer shall have the sole responsibility for transporting the Gas from the Delivery Point(s). 4.2. The parties shall coordinate their nomination activities, giving sufficient time to meet the deadlines of the affected Transporter(s). Each party shall give the other party timely prior Notice, sufficient to meet the requirements of all Transporter(s) involved in the transaction, of the quantities of Gas to be delivered and purchased each Day. Should either party become aware that actual deliveries at the Delivery Point(s) are greater or lesser than the Scheduled Gas, such party shall promptly notify the other party. 4.3. The parties shall use commercially reasonable efforts to avoid imposition of any Imbalance Charges. If Buyer or Seller receives an invoice from a Transporter that includes Imbalance Charges, the parties shall determine the validity as well as the cause of such Imbalance Charges. If the Imbalance Charges were incurred as a result of Buyer’s receipt of quantities of Gas greater than or less than the Scheduled Gas, then Buyer shall pay for such Imbalance Charges or reimburse Seller for such Imbalance Charges paid by Seller. If the Imbalance Charges were incurred as a result of Seller’s delivery of quantities of Gas greater than or less than the Scheduled Gas, then Seller shall pay for such Imbalance Charges or reimburse Buyer for such Imbalance Charges paid by Buyer. SECTION 5. QUALITY AND MEASUREMENT All Gas delivered by Seller shall meet the pressure, quality and heat content requirements of the Receiving Transporter. The unit of quantity measurement for purposes of this Contract shall be one MMBtu dry. Measurement of Gas quantities hereunder shall be in accordance with the established procedures of the Receiving Transporter. SECTION 6. TAXES The parties have selected either “Buyer Pays At and After Delivery Point” or “Seller Pays Before and At Delivery Point” as indicated on the Base Contract. Buyer Pays At and After Delivery Point: Seller shall pay or cause to be paid all taxes, fees, levies, penalties, licenses or charges imposed by any government authority (“Taxes”) on or with respect to the Gas prior to the Delivery Point(s). Buyer shall pay or cause to be paid all Taxes on or with respect to the Gas at the Delivery Point(s) and all Taxes after the Delivery Point(s). If a party is required to remit or pay Taxes that are the other party’s responsibility hereunder, the party responsible for such Taxes shall promptly reimburse the other party for such Taxes. Any party entitled to an exemption from any such Taxes or charges shall furnish the other party any necessary documentation thereof. Seller Pays Before and At Delivery Point: Seller shall pay or cause to be paid all taxes, fees, levies, penalties, licenses or charges imposed by any government authority (“Taxes”) on or with respect to the Gas prior to the Delivery Point(s) and all Taxes at the Delivery Point(s). Buyer shall pay or cause to be paid all Taxes on or with respect to the Gas after the Delivery Point(s). If a party is required to remit or pay Taxes that are the other party’s responsibility hereunder, the party responsible for such Taxes shall promptly reimburse the other party for such Taxes. Any party entitled to an exemption from any such Taxes or charges shall furnish the other party any necessary documentation thereof. SECTION 7. BILLING, PAYMENT, AND AUDIT 7.1. Seller shall invoice Buyer for Gas delivered and received in the preceding Month and for any other applicable charges, providing supporting documentation acceptable in industry practice to support the amount charged. If the actual quantity delivered is not known by the billing date, billing will be prepared based on the quantity of Scheduled Gas. The invoiced quantity will then be adjusted to the actual quantity on the following Month’s billing or as soon thereafter as actual delivery information is available. 7.2. Buyer shall remit the amount due under Section 7.1 in the manner specified in the Base Contract, in immediately available funds, on or before the later of the Payment Date or 10 Days after receipt of the invoice by Buyer; provided that if the Payment Date is not a Business Day, payment is due on the next Business Day following that date. In the event any payments are due Buyer hereunder, payment to Buyer shall be made in accordance with this Section 7.2. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 8 of 14 September 5, 2006 7.3. In the event payments become due pursuant to Sections 3.2 or 3.3, the performing party may submit an invoice to the nonperforming party for an accelerated payment setting forth the basis upon which the invoiced amount was calculated. Paymen t from the nonperforming party will be due five Business Days after receipt of invoice. 7.4. If the invoiced party, in good faith, disputes the amount of any such invoice or any part thereof, such invoiced party will pay such amount as it concedes to be correct; provided, however, if the invoiced party disputes the amount due, it must provide supporting documentation acceptable in industry practice to support the amount paid or disputed without undue delay. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 7.5. If the invoiced party fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under “Money Rates” by The Wall Street Journal, plus two percent per annum; or (ii) the maximum applicable lawful interest rate. 7.6. A party shall have the right, at its own expense, upon reasonable Notice and at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Contract. This right to examine, audit, and to obtain copies shall not be available with respect to proprietary information not directly relevant to transactions under this Contract. All invoices and billings shall be conclusively presumed final and accurate and all associated claims for under- or overpayments shall be deemed waived unless such invoices or billings are objected to in writing, with adequate explanation and/or documentation, within two years after the Month of Gas delivery. All retroactive adjustments under Section 7 shall be paid in full by the party owing payment within 30 Days of Notice and substantiation of such inaccuracy. 7.7. Unless the parties have elected on the Base Contract not to make this Section 7.7 applicable to this Contract, the parties shall net all undisputed amounts due and owing, and/or past due, arising under the Contract such that the party owing the gre ater amount shall make a single payment of the net amount to the other party in accordance with Section 7; provided that no payment required to be made pursuant to the terms of any Credit Support Obligation or pursuant to Section 7.3 shall be subject to net ting under this Section. If the parties have executed a separate netting agreement, the terms and conditions therein shall prevail to the extent inconsistent herewith. SECTION 8. TITLE, WARRANTY, AND INDEMNITY 8.1. Unless otherwise specifically agreed, title to the Gas shall pass from Seller to Buyer at the Delivery P oint(s). Seller shall have responsibility for and assume any liability with respect to the Gas prior to its delivery to Buyer at the specified Deli very Point(s). Buyer shall have responsibility for and assume any liability with respect to said Gas after its delivery to Buyer at the Delivery Point(s). 8.2. Seller warrants that it will have the right to convey and will transfer good and merchantable title to all Gas sold hereunder and delivered by it to Buyer, free and clear of all liens, encumbrances, and claim s. EXCEPT AS PROVIDED IN THIS SECTION 8.2 AND IN SECTION 15.8, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE, ARE DISCLAIMED. 8.3. Seller agrees to indemnify Buyer and save it harml ess from all losses, liabilities or claims including reasonable attorneys’ fees and costs of court (“Claims”), from any and all persons, arising from or out of claims of title, personal injury (including death) or property damage from said Gas or other charges thereon which attach before title passes to Buyer. Buyer agrees to indemnify Seller and save it harmless from all Claims, from any and all persons, arising from or out of claims regarding payment, personal injury (including death) or property damage from said Gas or other charges thereon which attach after title passes to Buyer. 8.4. The parties agree that the delivery of and the transfer of title to all Gas under this Contract shall take place within the Customs Territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States 19 U.S.C. §1202, General Notes, page 3); provided, however, that in the event Seller took title to the Gas outside the Customs Territory of the United States, Seller represents and warrants that it is the importer of record for all Gas entered and delivered into the United States, and shall be responsible for entry and entry summary filings as well as the payment of duties, taxes and f ees, if any, and all applicable record keeping requirements. 8.5. Notwithstanding the other provisions of this Section 8, as between Seller and Buyer, Seller will be liable for all Claims to the extent that such arise from the failure of Gas delivered by Seller to meet the quality requirements of Section 5. SECTION 9. NOTICES 9.1. All Transaction Confirmations, invoices, payment instructions, and other communications made pursuant to the Base Contract (“Notices”) shall be made to the addresses specified in writing by the respective parties from time to time. 9.2. All Notices required hereunder shall be in writing and may be sent by facsimile or mutually acceptable electronic means, a nationally recognized overnight courier service, first class mail or hand delivered. 9.3. Notice shall be given when received on a Business Day by the addr essee. In the absence of proof of the actual receipt date, the following presumptions will apply. Notices sent by facsimile shall be deemed to have been received upon the sendin g party’s receipt of its facsimile machine’s confirmation of successful transmission. If the day on which such facsimile is received is not a Business Day or is after five p.m. on a Business Day, then such facsimile shall be deemed to have been received on the next following Business Day. Notice by overnight mail or courier shall be deemed to have been received on the next Business Day after it was sent or such earlier time as is confirmed by the receiving party. Notice via first class mail shall be considered del ivered five Business Days after mailing. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 9 of 14 September 5, 2006 9.4. The party receiving a commercially acceptable Notice of change in payment instructions or other payment information shall not be obligated to implement such change until ten Business Days after receipt of such Notice. SECTION 10. FINANCIAL RESPONSIBILITY 10.1. If either party (“X”) has reasonable grounds for insecurity regarding the performance of any obligation under this Contract (whether or not then due) by the other party (“Y”) (including, without limitation, the occurrence of a material change in the creditworthiness of Y or its Guarantor, if applicable), X may demand Adequate Assurance of Performance. “Adequate Assurance of Performance” shall mean sufficient security in the form, amount, for a term, and from an issuer, all as reasonably acceptable to X, including, but not limited to cash, a standby irrevocable letter of credit, a prepayment, a security interest in an asset or guaranty. Y hereby grants to X a continuing first priority security interest in, lien on, and right of setoff against all Adequate Assu rance of Performance in the form of cash transferred by Y to X pursuant to this Section 10.1. Upon the return by X to Y of such Adequate Assurance of Performance, the security interest and lien granted hereunder on that Adequate Assurance of Performance shall be released automatically and, to the extent possible, without any further action by either party. 10.2. In the event (each an “Event of Default”) either party (the “Defaulting Party”) or its Guarantor shall: (i) make an assignment or any general arrangement for the benefit of creditors; (ii) file a petition or otherwise commence, authorize, or acquiesce in the commencement of a proceeding or case under any bankruptcy or similar law for the protection of creditors or have such petition filed or proceeding commenced against it; (iii) otherwise become bankrupt or insolvent (however evidenced); (iv) be unable to pay its debts as they fall due; (v) have a receiver, provisional liquidator, conservator, custodian, trustee or other similar official appointed with respect to it or substantially all of its assets; (vi) fail to perform any obligation to the other party with respect to any Credit Support Obligations relating to the Contract; (vii) fail to give Adequate Assurance of Performance under Section 10.1 within 48 hours but at least one Business Day of a written request by the other party; (viii) not have paid any amount due the other party hereunder on or before the second Business Day following written Notice that such payment is due; or ix) be the affected party with respect to any Additional Event of Default; then the other party (the “Non-Defaulting Party”) shall have the right, at its sole election, to immediately withhold and/or suspend deliveries or payments upon Notice and/or to terminate and liquidate t he transactions under the Contract, in the manner provided in Section 10.3, in addition to any and all other remedies available hereunder. 10.3. If an Event of Default has occurred and is continuing, the Non -Defaulting Party shall have the right, by Notice to the Defaulting Party, to designate a Day, no earlier than the Day such Notice is given and no later than 20 Days after such Notice is given, as an early termination date (the “Early Termination Date”) for the liquidation and termination pursuant to Section 10.3.1 of all transactions under the Contract, each a “Terminated Transaction”. On the Early Termination Date, all transactions will terminate, other than those transactions, if any, that may not be liquidated and terminated under applicable law (“Excluded Transactions”), which Excluded Transactions must be liquidated and terminated as soon thereafter as is legally permissible, and upon termination shall be a Terminated Transaction and be valued consistent with Section 10.3.1 below. With respect to each Excluded Transaction, its actual termination date shall be the Early Termination Date for purposes of Section 10.3.1. The parties have selected either “Early Termination Damages Apply” or “Early Termination Damages Do Not Apply” as indicated on the Base Contract. Early Termination Damages Apply: 10.3.1. As of the Early Termination Date, the Non-Defaulting Party shall determine, in good faith and in a commercially reasonable manner, (i) the amount owed (whether or not then due) by each party with respect to all Gas delivered and received between the parties under Terminated Transactions and Excluded Transactions on and before the Early Termination Date and all other applicable charges relating to such deliveries and receipts (including without limitation any amounts owed under Section 3.2), for which payment has not yet been made by the party that owes such payment under this Contract and (ii) the Market Value, as defined below, of each Terminated Transaction. The Non-Defaulting Party shall (x) liquidate and accelerate each Terminated Transaction at its Market Value, so that each amount equal to the difference between such Market Value and the Contract Value , as defined below, of such Terminated Transaction(s) shall be due to the Buyer under the Terminated Transaction (s) if such Market Value exceeds the Contract Value and to the Seller if the opposite is the case; and (y) where appropriate, discount each amou nt then due under clause (x) above to present value in a commercially reasonable manner as of the Early Terminat ion Date (to take account of the period between the date of liquidation and the date on which such amount would have otherwise been due pursuan t to the relevant Terminated Transactions). For purposes of this Section 10.3.1, “Contract Value” means the amount of Gas remaining to be delivered or purchased under a transaction multiplied by the Contract Price, and “Market Value” means the amount of Gas remaining to be delivered or purchased under a transaction multiplied by the market price for a similar transac tion at the Delivery Point determined by the Non-Defaulting Party in a commercially reasonable manner. To ascertain the Market Value, the Non -Defaulting Party may consider, among other valuations, any or all of the settlement prices of NYMEX Gas futures contracts, quotations from leading dealers in energy swap contracts or physical gas trading markets, similar sales or purchases and any other bona fide third -party offers, all adjusted for the length of the term and differences in transportation costs. A p arty shall not be required to enter into a replacement transaction(s) in order to determine the Market Value. Any extension(s) of the term of a transaction to which parties are not bound as of the Early Termination Date (including but not limited to “evergreen provisions”) shall not be considered in determining Contract Values and Market Values. For the avoidance of doubt, any option pursuant to which one party has the right to extend the term of a transaction shall be considered in determining Contract V alues and Market Values. The rate of interest used in calculating net present value shall be determined by the Non-Defaulting Party in a commercially reasonable manner. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 10 of 14 September 5, 2006 Early Termination Damages Do Not Apply: 10.3.1. As of the Early Termination Date, the Non-Defaulting Party shall determine, in good faith and in a commercially reasonable manner, the amount owed (whether or not then due) by each party with respect to all Gas delivered and received between the parties under Terminated Transactions and Excluded Transactions on and before the Early Termination Date and all other applicable charges relating to such deliveries and receipts (including without limitation any amounts owed under Sectio n 3.2), for which payment has not yet been made by the party that owes such payment under this Contract. The parties have selected either “Other Agreement Setoffs Apply” or “Other Agreement Setoffs Do Not Apply” as indicated on the Base Contract. Other Agreement Setoffs Apply: Bilateral Setoff Option: 10.3.2. The Non-Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the parties under Section 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payable by one party to the other (the “Net Settlement Amount”). At its sole option and without prior Notice to the Defaulting Party, the Non-Defaulting Party is hereby authorized to setoff any Net Settlement Amount against (i) any margin or other collateral held by a party in connection with any Credit Support Obligation relating to the Contract; and (ii) any amount(s) (including any excess cash margin or excess cash collateral) owed or held by the party that is entitled to the Net Settlement Amount under any other agreement or arrangement between the parties. Triangular Setoff Option: 10.3.2. The Non-Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the parties under Section 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payab le by one party to the other (the “Net Settlement Amount”). At its sole option, and without prior Notice to the Defaulting Party, the Non -Defaulting Party is hereby authorized to setoff (i) any Net Settlement Amount against any margin or other collateral held by a party in connection with any Credit Support Obligation relating to the Contract; (ii) any Net Settlement Amount against any amount(s) (including any excess cash margin or excess cash collateral) owed by or to a party under any other agreement or arrangement between the parties; (iii) any Net Settlement Amount owed to the Non-Defaulting Party against any amount(s) (including any excess cash margin or excess cash collateral) owed by the Non-Defaulting Party or its Affiliates to the Defaulting Party under any other agreement or arrangement; (iv) any Net Settlement Amount owed to the Defaulting Party against any amount(s) (including any excess cash margin or excess cash collateral) owed by the Defaulting Party to the Non-Defaulting Party or its Affiliates under any other agreement or arrangement; and/or (v) any Net Settlement Amount owed to the Defaulting Party against any amount(s) (including any excess cash margin or excess cash collateral) owed by the Defaulting Party or its Affiliates to the Non-Defaulting Party under any other agreement or arrangement. Other Agreement Setoffs Do Not Apply: 10.3.2. The Non-Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the parties under Section 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payable by one party to the other (the “Net Settlement Amount”). At its sole option and without prior Notice to the Defaulting Party, the Non-Defaulting Party may setoff any Net Settlement Amount against any margin or other collateral held by a party in connection with any Credit Support Obligation relating to the Contract. 10.3.3. If any obligation that is to be included in any netting, aggregation or setoff pursuant to Section 10.3.2 is unascertained, the Non-Defaulting Party may in good faith estimate that obligation and net, aggregate or setoff, as applicable, in respect of the estimate, subject to the Non-Defaulting Party accounting to the Defaulting Party when the obligation is ascertained. Any amount not then due which is included in any netting, aggregation or setoff pursuant to Section 10.3.2 shall be discounted to net present value in a commercially reasonable manner determined by the Non -Defaulting Party. 10.4. As soon as practicable after a liquidation, Notice shall be given by the Non-Defaulting Party to the Defaulting Party of the Net Settlement Amount, and whether the Net Settlement Amount is due to or due from the Non -Defaulting Party. The Notice shall include a written statement explaining in reasonable detail the calculation of the Net Settlement Amount, provided that failure to give such Notice shall not affect the validity or enforceability of the liquidation or give rise to any claim by the Defau lting Party against the Non-Defaulting Party. The Net Settlement Amount as well as any setoffs applied against such amount pursuant to Section 10.3.2, shall be paid by the close of business on the second Business Day following such Notice, which date shall not be earlier than the Early Termination Date. Interest on any unpaid portion of the Net Settlement Amount as adjusted by setoffs, shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under “Money Rates” by The Wall Street Journal, plus two percent per annum; or (ii) the maximum applicable lawful interest rate. 10.5. The parties agree that the transactions hereunder constitute a “forward contract” within the meaning of the United States Bankruptcy Code and that Buyer and Seller are each “forward contract merchants” within the meaning of the United States Bankruptcy Code. 10.6. The Non-Defaulting Party’s remedies under this Section 10 are the sole and exclusive remedies of the Non -Defaulting Party with respect to the occurrence of any Early Termination Date. Each party reserves to itself all other rights, setoffs, counterclaims and other defenses that it is or may be entitled to arising from the Contract. 10.7. With respect to this Section 10, if the parties have executed a s eparate netting agreement with close-out netting provisions, the terms and conditions therein shall prevail to the extent inconsistent herewith. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 11 of 14 September 5, 2006 SECTION 11. FORCE MAJEURE 11.1. Except with regard to a party’s obligation to make payment(s) due under Section 7, Section 10.4, and Imbalance Charges under Section 4, neither party shall be liable to the other for failure to perform a Firm obligation, to the extent such failure was caused by Force Majeure. The term “Force Majeure” as employed herein means any cause not reasonably within the control of the party claiming suspension, as further defined in Section 11.2. 11.2. Force Majeure shall include, but not be limited to, the following: (i) physical events such as acts of God, landslides, lightning, earthquakes, fires, storms or storm warnings, such as hurricanes, which result in evacuation of the affected area, floods, washouts, explosions, breakage or accident or necessity of repairs to machinery or equipment or lines of pipe; (ii) weather related events affecting an entire geographic region, such as low temperatures which cause freezing or failure of wells or lines of pipe; (iii) interruption and/or curtailment of Firm transportation and/or storage by Transporters; (iv) acts of others such as strikes, lockouts or other industrial disturbances, riots, sabotage, insurrections or wars, or acts of terror; and (v) governmental actions such as necessity for compliance with any court order, law, statute, ordinance, regulation, or policy having the effect of law pro mulgated by a governmental authority having jurisdiction. Seller and Buyer shall make reasonable efforts to avoid the adverse impacts of a Force Majeure and to resolve the event or occurrence once it has occurred in order to resume performance. 11.3. Neither party shall be entitled to the benefit of the provisions of Force Majeure to the extent performance is affected by any or all of the following circumstances: (i) the curtailment of interruptible or secondary Firm transportation unless primary, in-path, Firm transportation is also curtailed; (ii) the party claiming excuse failed to remedy the condition and to resume the performance of such covenants or obligations with reasonable dispatch; or (iii) economic hardship, to include, without limitation, Seller’s ability to sell Gas at a higher or more advantageous price than the Contract Price, Buyer’s ability to purchase Gas at a lower or more advantageous price than the Contract Price, or a regulatory agency disallowing, in whole or in part, the pass through of costs resulting from this Contract; (iv) the loss of Buyer’s market(s) or Buyer’s inability to use or resell Gas purchased hereunder, except, in either case, as provided in Section 11.2; or (v) the loss or failure of Seller’s gas supply or depletion of reserves, except, in either case, as provided in Section 11.2. The party claiming Force Majeure shall not be excused from its responsibility for Imbalance Charges. 11.4. Notwithstanding anything to the contrary herein, the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be within the sole discretion of the party experiencing such disturbance. 11.5. The party whose performance is prevented by Force Majeure must provide Notice to the other party. Initial Notice may be given orally; however, written Notice with reasonably full particulars of the event or occurrence is required as soon as reasonably possible. Upon providing written Notice of Force Majeure to the other party, the affected party will be relieved of its obligation, from the onset of the Force Majeure event, to make or accept delivery of Gas, as applicable, to the extent and for the duration of Force Majeure, and neither party shall be deemed to have failed in such obligations to the other during such occurrence or event. 11.6. Notwithstanding Sections 11.2 and 11.3, the parties may agree to alternative Force Majeure provisions in a Transaction Confirmation executed in writing by both parties. SECTION 12. TERM This Contract may be terminated on 30 Day’s written Notice, but shall remain in effect until the expiration of the latest Delivery Period of any transaction(s). The rights of either party pursuant to Section 7.6, Section 10, Section 13, the obligations to make payment hereunder, and the obligation of either party to indemnify the other, pursuant hereto shall survive the termination of the Base Contract or any transaction. SECTION 13. LIMITATIONS FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY. A PARTY’S LIABILITY HEREUNDER SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN OR IN A TRANSACTION, A PARTY’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY. SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 12 of 14 September 5, 2006 SECTION 14. MARKET DISRUPTION If a Market Disruption Event has occurred then the parties shall negotiate in good faith to agree on a replacement price for the Floating Price (or on a method for determining a replacement price for the Floating Price) for the affected Day, and if the parties have not so agreed on or before the second Business Day following the affected Day then the replacement price for the Floating Price shall be determined within the next two following Business Days with each party obtaining, in good faith and from non- affiliated market participants in the relevant market, two quotes for prices of Gas for the affected Day of a similar quality and quantity in the geographical location closest in proximity to the Delivery Point and averaging the four quotes. If either party fails to provide two quotes then the average of the other party’s two quotes shall determine the replacement price for the Floating Price. “Floating Price” means the price or a factor of the price agreed to in the transaction as being based upon a specified index. “Market Disruption Event” means, with respect to an index specified for a transaction, any of the following events: (a) the failure of the index to announce or publish information necessary for determining the Floating Price; (b) the failure of trading to commence or the permanent discontinuation or material suspension of trading on the exchange or market acting as the index; (c) the temporary or permanent discontinuance or unavailability of the index; (d) the temporary or permanent closing of any exchange acting as the index; or (e) both parties agree that a material change in the formula for or the method of determining the Floating Price ha s occurred. For the purposes of the calculation of a replacement price for the Floating Price, all numbers shall be rounded to three decimal places. If the fourth decimal number is five or greater, then the third decimal number shall be increased by one and if the fourth decimal number is less than five, then the third decimal num ber shall remain unchanged. SECTION 15. MISCELLANEOUS 15.1. This Contract shall be binding upon and inure to the benefit of the successors, assigns, personal representatives, and heirs of the respective parties hereto, and the covenants, conditions, rights and obligations of this Contract shall run for the full term of this Contract. No assignment of this Contract, in whole or in part, will be made without the prior written consent of the non-assigning party (and shall not relieve the assigning party from liability hereunder), which consent will not be unreasonably withheld or delayed; provided, either party may (i) transfer, sell, pledge, encumber, or assign this Contract or the accounts, revenues, or proceeds hereof in connection with any financing or other financial arrangements, or (ii) transfer its interest to any parent or Affiliate by assignment, merger or otherwise without the prior approval of the other party. Upon any such assignment, transfer and assumption, the transferor shall remain principally liable for and shall not be relieved of or discharged from any obligations hereunder. 15.2. If any provision in this Contract is determined to be invalid, void or unenforceable by any court having jurisdiction, such determination shall not invalidate, void, or make unenforceable any other provision, agreement or covenant of this Contract. 15.3. No waiver of any breach of this Contract shall be held to be a waiver of any other or subsequent breach. 15.4. This Contract sets forth all understandings between the parties respecting each transaction subject hereto, and any prior contracts, understandings and representations, whether oral or written, relating to such transactions are merged into and superseded by this Contract and any effective transaction(s). This Contract may be amended only by a writing executed by both parties. 15.5. The interpretation and performance of this Contract shall be governed by the laws of the jurisdiction as indicated on the Base Contract, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. 15.6. This Contract and all provisions herein will be subject to all applicable and valid statutes, rules, orders and regulations of any governmental authority having jurisdiction over the parties, their facilities, or Gas supply, this Contract or transaction or any provisions thereof. 15.7. There is no third party beneficiary to this Contract. 15.8. Each party to this Contract represents and warrants that it has full and complete authority to enter into and perform this Contract. Each person who executes this Contract on behalf of either party represents and warrants that it has full and complete authority to do so and that such party will be bound thereby. 15.9. The headings and subheadings contained in this Contract are used solely for convenience and do not constitute a part of this Contract between the parties and shall not be used to construe or interpret the provisions of this Contract. 15.10. Unless the parties have elected on the Base Contract not to make this Section 15.10 applicable to this Contract, neither party shall disclose directly or indirectly without the prior written consent of the other party the terms of any transaction to a third party (other than the employees, lenders, royalty owners, counsel, accountants and other agents of the party, or prospective purchasers of all or substantially all of a party’s assets or of any rights under this Contract, provided such persons shall have agreed to keep such terms confidential) except (i) in order to comply with any applicable law, order, regulation, or exchange rule, (ii) to the extent necessary for the enforcement of this Contract , (iii) to the extent necessary to implement any transaction, (iv) to the extent necessary to comply with a regulatory agency’s reporting requirements including but not limited to gas cost recovery proceedings; or (v) to the extent such information is delivered to such third party for the sole purpose of calculating a published index. Each party shall notify the other party of any proceeding of which it is aware which may result in disclosure of the terms of any transaction (other than as permitted hereunder) and use reasonable efforts to prevent or limit the disclosure. The existence of this Contract is not subject to this confidentiality obligation. Subject to Section 13, the parties shall be entitled to all remedies available at law or in equity to enforce, or seek relief in connection with this confidentiality obligation. The terms of any transaction hereunder shall be kept confidential by the parties hereto for one year from the expiration of the transaction. In the event that disclosure is required by a governmental body or applicable law, the party subject to such requirement may disclose the material terms of this Contract to the extent so required, but shall promptly notify the other party, prior to disclosure, and shall cooperate (consistent with the disclosing party ’s legal obligations) with the other party’s efforts to obtain protective orders or similar restraints with respect to such disclosure at the expense of the other party. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 13 of 14 September 5, 2006 15.11. The parties may agree to dispute resolution procedures in Special Provisions attached to the Base Contract or in a Transaction Confirmation executed in writing by both parties. 15.12. Any original executed Base Contract, Transaction Confirmation or other related document may be digitally copied, photocopied, or stored on computer tapes and disks (the “Imaged Agreement”). The Imaged Agreement, if introduced as evidence on paper, the Transaction Confirmation, if introduced as evidence in automated facsimile form, the recording, if introduced as evidence in its original form, and all computer records of the foregoing, if introduced as evidence in printed format, in any judicial, arbitration, mediation or administrative proceedings will be admissible as betwee n the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. Neither Party shall object to the admissibility of the recording, the Transaction Confirmation, or the Imaged Agreement on the basis that such were not originated or maintained in documentary form. However, nothing herein shall be construed as a waiver of any other objection to the admissibility of such evidence. DISCLAIMER: The purposes of this Contract are to facilitate trade, avoid misunderstandings and make more definite the terms of contracts of purchase and sale of natural gas. Further, NAESB does not mandate the use of this Contract by any party. NAESB DISCLAIMS AND EXCLUDES, AND ANY USER OF THIS CONTRACT ACKNOWLEDGES AND AGREES TO NAESB’S DISCLAIMER OF, ANY AND ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THIS CONTRACT OR ANY PART THEREOF, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE (WHETHER OR NOT NAESB KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. EACH USER OF THIS CONTRACT ALSO AGREES THAT UNDER NO CIRCUMSTANCES WILL NAESB BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS CONTRACT. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 14 of 14 September 5, 2006 TRANSACTION CONFIRMATION FOR IMMEDIATE DELIVERY EXHIBIT A Date: ____________________________, _____ Transaction Confirmation #: _______________ This Transaction Confirmation is subject to the Base Contract between Seller and Buyer dated ______________________. The terms of this Transaction Confirmation are binding unless disputed in writing within 2 Business Days of receipt unless otherwise specified in the Base Contract. SELLER: Attention: Phone: Fax: Base Contract No. Transporter: Transporter Contract Number: BUYER: Attention: Phone: Fax: Base Contract No. Transporter: Transporter Contract Number: Contract Price: $ /MMBtu or ______________________________________________________________________ Delivery Period: Begin: _________________, ______ End: _______________, ______ Performance Obligation and Contract Quantity: (Select One) Firm (Fixed Quantity): Firm (Variable Quantity): Interruptible: MMBtus/day MMBtus/day Minimum Up to MMBtus/day EFP MMBtus/day Maximum subject to Section 4.2. at election of Buyer or Seller Delivery Point(s): ________________________ (If a pooling point is used, list a specific geographic and pipeline location): Special Conditions: Seller: By: Title: Date: Buyer: By: Title: Date: DTE Energy Trading, Inc. CofV DTET 2006 NAESB Special Provisions Final (07-13-21) 1 Special Provisions to the NAESB Base Contract DTE Energy Trading, Inc. (“DTE”) and City of Vernon (“Counterparty”) hereby agree to the following Special Provisions to the NAESB Base Contract for Sale and Purchase of Natural Gas Revised September 5, 2006 (“Base Contract”), which hereby modifies and amends the Base Contract dated and effective as of July 13, 2021. 1. The definition of “Affiliate” in Section 2.2 is modified by inserting the words “, except that with respect to DTE, the following are hereby excluded from the term “Affiliate” for all purposes: DTE Electric Company, DTE Gas Company and Citizens Gas Fuel Company. 2. The definition of “Guarantor” in Section 2.21 shall be amended by adding the following at the end of the definition: “and which entity has submitted a guaranty in a form reasonably acceptable to the beneficiary of the guaranty.” 3. Section 8.4 is deleted in its entirety and replaced with the following: In the event Seller owned title to Gas under a Gas transaction outside the Customs Territory of the United States, Seller represents and warrants that it is the importer of record for all Gas entered and delivered into the United States, and shall be responsible for entry and entry summary filings as well as the payment of duties, taxes and fees, if any, and all applicable record keeping requirements. 4. Section 10.1 is hereby amended by deleting the words “but not limited to” and “a security interest in an asset” in the fifth line. 5. The following shall be added as Section 10.3.4: “10.3.4. Notwithstanding any provision to the contrary contained in this Contract, the Non-Defaulting Party shall not be required to pay to the Defaulting Party any amount under Section 10.3 until the Non - Defaulting Party receives confirmation satisfactory to it in its reasonable discretion (which may include an opinion of its counsel) that all other obligations of any kind whatsoever of Defaulting Party to make any payments to the Non-Defaulting Party under this Contract, or any other agreement(s), instrument(s) or undertaking(s), which are owed as of the Early Termination Date have been fully and finally satisfied.” 6. Section 10.5 shall be deleted in its entirety and replaced with the following: “10.5. Without limiting the applicability, if any, of any other provision of the U.S. Bankruptcy Code as amended (the “Bankruptcy Code”) (including without limitation Sections 362, 546, 556, and 560 thereof and the applicable definitions in Section 101 thereof), the parties acknowledge and agr ee that all Transactions entered into hereunder will constitute “forward contracts” or “swap agreements” as defined in Section 101 of the Bankruptcy Code or “commodity contracts” as defined in Section 761 of the Bankruptcy Code, that the rights of the parties under Section 10 of this Agreement will constitute contractual rights to liquidate transactions, that any margin or collateral provided under any margin, collateral, security, pledge, or similar agreement related hereto will constitute a “margin payment” as defined in Section 101 of the Bankruptcy Code, and that the parties are entities entitled to the rights under, and protections afforded by, Sections 362, 546, 556, and 560 of the Bankruptcy Code.” CofV DTET 2006 NAESB Special Provisions Final (07-13-21) 2 7.Section 15.4 is hereby amended by adding the following new sentence at the end of the section: “The parties confirm the terms of all prior transactions related to the sale and purchase of Gas between the parties and agree that such transactions are incorporated into, governed by this Base Contract, and are part of the single integrated agreement between the parties.” 8.The first sentence of Section 15.10 is hereby amended by adding “Affiliates,” in the third line after the words “(other than the”. 9.The following shall be added as new Sections 15.13, 15.14 and 15.15: “15.13. Each party agrees that the provisions of this Contract supersede and replace in their entirety any requirements of law relating to adequate assurance of future performance, including without limitation Article 2 of the Uniform Commercial Code.” “15.14. Each party represents that (i) the creditworthiness of the counterparty is a material consideration for entering into this Contract, (ii) by entering into this Contract, each party shall rely solely upon its own judgment or that of its advisors, (iii) neither the party, nor its employees or agents, shall serve, or be deemed to have served, as its advisor regarding whether it should enter into this Contract, and (iv) neither the party, nor its employees or agents, has acted as its f iduciary with respect to this Contract and it shall not have any responsibility or liability with respect to any advice or information given or not given, or views expressed or not expressed, by the party or its employees or agents.” “15.15. EACH PARTY HERETO EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY JUDICIAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS CONTRACT AND ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO THE OTHER PARTY’S ENTERING INTO THIS CONTRACT. 10.The following paragraph shall be added as a new Section 16 to the Base Contract: “Section 16. DISPUTE RESOLUTION. Any dispute relating to this Contract shall first be referred in writing to a senior representative of each party for resolution. If the senior representatives are unable to resolve the dispute within thirty (30) days after the date of the written notice, each party shall have the right to pursue any remedy available at law or in equity to enforce its rights under this Contract.” CofV DTET 2006 NAESB Special Provisions Final (07-13-21) 3 IN WITNESS WHEREOF, the parties have executed these Special Provisions to supplement, and, where applicable, to modify and supersede the Base Contract by and between the parties. DTE Energy Trading, Inc. City of Vernon By: By: Name: Name: Title: Title: Date: Date: By: Name: Title: Date: ATTEST: ________________________________ Lisa Pope, City Clerk APPROVED AS TO FORM: ________________________________ Zaynah N. Moussa, Interim City Attorney Carlos Fandino City Administrator Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved September 5, 2006 Base Contract for Sale and Purchase of Natural Gas This Base Contract is entered into as of the following date: The parties to this Base Contract are the following: PARTY A TWIN EAGLE RESOURCE MANAGEMENT, LLC PARTY NAME PARTY B CITY OF VERNON 8847 West Sam Houston Parkway North Houston, TX 77040 ADDRESS Public Utilities Dept. 4305 Santa Fe Ave. Vernon, CA 90058 www.Twineagle.com BUSINESS WEBSITE www.cityofvernon.org CONTRACT NUMBER 965177889 D-U-N-S® NUMBER 060883022 US FEDERAL: 83-0542503 OTHER: TAX ID NUMBERS US FEDERAL: 95-6000808 OTHER: Delaware JURISDICTION OF ORGANIZATION Corporation LLC Limited Partnership Partnership LLP Other: COMPANY TYPE Corporation LLC Limited Partnership Partnership LLP Other: City of Vernon, a Chartered City and Municipal Corp. of the State of California GUARANTOR (IF APPLICABLE) CONTACT INFORMATION 8847 W. Sam Houston Pkwy N., Houston, TX 77040 ATTN: Gas Desk TEL#: 713-341-7300 FAX#: 713-341-7324 EMAIL: ▪ COMMERCIAL ATTN: Shawn Sharif & Efrain Sandoval TEL#: 323-826-1424 FAX#: 323-826-3629 EMAIL: ssharif@ci.vernon.ca.us & esandoval@ci.vernon.ca.us 8847 W. Sam Houston Pkwy N., Houston, TX 77040 ATTN: Gas Scheduling TEL#: 713-341-7300 FAX#: 713-341-7324 EMAIL: ▪ SCHEDULING ATTN: Shawn Sharif & Efrain Sandoval TEL#: 323-826-1424 FAX#: 323-826-3629 EMAIL: ssharif@ci.vernon.ca.us & esandoval@ci.vernon.ca.us 8847 W. Sam Houston Pkwy N., Houston, TX 77040 ATTN: Contract Administration TEL#: 713-341-7300 FAX#: 713-341-7303 EMAIL: contracts@twineagle.com ▪ CONTRACT AND LEGAL NOTICES ATTN: Zaynah Moussa TEL#: 323-583-8811 Ext.839 FAX#: 323-826-1431 EMAIL: zmoussa@ci.vernon.ca.us 8847 W. Sam Houston Pkwy N., Houston, TX 77040 ATTN: Credit Department TEL#: 713-341-7300 FAX#: 713-341-7324 EMAIL: credit@twineagle.com ▪ CREDIT ATTN: Javier Valdez TEL#: 323-583-8811 Ext.825 FAX#: 323-826-1431 EMAIL: jvaldez@ci.vernon.ca.us 8847 W. Sam Houston Pkwy N., Houston, TX 77040 ATTN: Confirmations Department TEL#: 713-341-7300 FAX#: 713-341-7392 EMAIL: confirmations@twineagle.com ▪ TRANSACTION CONFIRMATIONS ATTN: Ruben Rodriguez TEL#: 323-583-8811 Ext: 275 FAX#: 323-826-3629 EMAIL: rrodriguez@ci.vernon.ca.us ACCOUNTING INFORMATION 8847 W. Sam Houston Pkwy N., Houston, TX 77040 ATTN: Gas Accounting TEL#: 713-341-7300 FAX#: 713-341-7324 EMAIL: gasinvoices@twineagle.com ▪ INVOICES ▪ PAYMENTS ▪ SETTLEMENTS ATTN: City of Vernon Treasury Department TEL#: 323-583-8811 Ext: 227 FAX#: 323-826-3629 EMAIL: invoices@ci.vernon.ca.us BANK: BNP Paribas ABA: 026007689 ACCT: 0020062108900150 OTHER DETAILS: WIRE TRANSFER NUMBERS (IF APPLICABLE) BANK: _____________________________ ABA: ___________ ACCT: ________________ OTHER DETAILS: BANK: BNP Paribas ABA: 026007689 ACCT: 0020062108900150 OTHER DETAILS: Twin Eagle Resource Management, LLC ACH NUMBERS (IF APPLICABLE) BANK: East West Bank ABA: #322070381 ACCT: 80362791 OTHER DETAILS: Gas & Electric Acct. ATTN: _______________ ADDRESS: CHECKS (IF APPLICABLE) ATTN: ______________________________ ADDRESS: Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 2 of 13 September 5, 2006 Base Contract for Sale and Purchase of Natural Gas (Continued) This Base Contract incorporates by reference for all purposes the General Terms and Conditions for Sale and Purchase of Natural Gas published by the North American Energy Standards Board. The parties hereby agree to the following provisions offered in said General Terms and Conditions. In the event the parties fail to check a box, the specified default provision shall apply. Select the appropriate box(es) from each section: Section 1.2 Transaction Procedure Oral (default) OR Written Section 10.2 Additional Events of Default No Additional Events of Default (default) Indebtedness Cross Default Party A: $_________ Party B: $_________ Transactional Cross Default Specified Transactions: Section 2.7 Confirm Deadline 2 Business Days after receipt (default) OR Business Days after receipt Section 2.8 Confirming Party Seller (default) OR Buyer Section 3.2 Performance Obligation Cover Standard (default) OR Spot Price Standard Section 10.3.1 Early Termination Damages Early Termination Damages Apply (default) OR Early Termination Damages Do Not Apply Note: The following Spot Price Publication applies to both of the immediately preceding. Section 10.3.2 Other Agreement Setoffs Other Agreement Setoffs Apply (default) Bilateral (default) Triangular OR Other Agreement Setoffs Do Not Apply Section 2.31 Spot Price Publication Gas Daily Midpoint (default) OR Section 6 Taxes Buyer Pays At and After Delivery Point (default) OR Seller Pays Before and At Delivery Point Section 7.2 Payment Date 25th Day of Month following Month of delivery (default) OR Section 15.5 Choice of Law California Section 7.2 Method of Payment Wire transfer (default) Automated Clearinghouse Credit (ACH) Check Section 15.10 Confidentiality Confidentiality applies (default) OR Confidentiality does not apply Section 7.7 Netting Netting applies (default) OR Netting does not apply □Special Provisions Number of sheets attached: 1 □Addendum(s): IN WITNESS WHEREOF, the parties hereto have executed this Base Contract in duplicate. TWIN EAGLE RESOURCE MANAGEMENT, LLC PARTY NAME CITY OF VERNON By: SIGNATURE By: Jeremy Davis PRINTED NAME Carlos Fandino EVP, CCO TITLE City Administrator ATTEST: APPROVED AS TO FORM: ____________________________ __________________________________ Lisa Pope, City Clerk Zaynah N. Moussa, Interim City Attorney Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 3 of 13 September 5, 2006 General Terms and Conditions Base Contract for Sale and Purchase of Natural Gas SECTION 1. PURPOSE AND PROCEDURES 1.1. These General Terms and Conditions are intended to facilitate purchase and sale transactions of Gas on a Firm or Interruptible basis. "Buyer" refers to the party receiving Gas and "Seller" refers to the party delivering Gas. The entire agreement between the parties shall be the Contract as defined in Section 2.9. The parties have selected either the “Oral Transaction Procedure” or the “Written Transaction Procedure” as indicated on the Base Contract. Oral Transaction Procedure: 1.2. The parties will use the following Transaction Confirmation procedure. Any Gas purchase and sale transaction may be effectuated in an EDI transmission or telephone conversation with the offer and acceptance constituting the agreement of the parties. The parties shall be legally bound from the time they so agre e to transaction terms and may each rely thereon. Any such transaction shall be considered a “writing” and to have been “signed”. Notwithstanding the foregoing sentence, the parties a gree that Confirming Party shall, and the other party may, confirm a telephonic transaction by sending the other party a Transaction Confirmation by facsimile, EDI or mutually agreeable electronic means within three Business Days of a transaction covered by this Section 1.2 (Oral Transaction Procedure) provided that the failu re to send a Transaction Confirmation shall not invalidate the oral agreement of the parties. Confirming Party adopts its confirming letterhead, or the like, as its signature on any Transactio n Confirmation as the identification and authentication of Confirming Party. If the Transaction Confirmation contains any provisions other than those relating to the commercial terms of the transaction (i.e., price, quantity, performance obligation, delivery point, period of delivery and/or transportation conditions), which modify or supplement the Base Contract or General Terms and Conditions of this Contract (e.g., arbitration or additional representations and warranties), such provisions shall not be de emed to be accepted pursuant to Section 1.3 but must be expressly agreed to by both parties; provided that the foregoing shall not invalidate any transaction agreed to by the parties. Written Transaction Procedure: 1.2. The parties will use the following Transaction Confirmation procedure. Should the parties come t o an agreement regarding a Gas purchase and sale transaction for a particular Delivery Period, the Confirming Party shall, and the other party may, re cord that agreement on a Transaction Confirmation and communicate such Transaction Confirmation by facsimi le, EDI or mutually agreeable electronic means, to the other party by the close of the Business Day following the date of agreement. The parties acknowledge that their agreement will not be binding until the exchange of nonconflicting Transaction Confirma tions or the passage of the Confirm Deadline without objection from the receiving party, as provided in Section 1.3. 1.3. If a sending party's Transaction Confirmation is materially different from the receiving party's understanding of the agreement referred to in Section 1.2, such receiving party shall notify the sending party via facsimile, EDI or mutually agreeable electronic means by the Confirm Deadline, unless such receiving party has previously sent a Transaction Confirmation to the sending party. The failure of the receiving party to so notify the sending party in writing by the Confirm Deadline constitutes the receiving party's agreement to the terms of the transaction described in the sending party's Transaction Confirmation. If there are any material differences between timely sent Transaction Confirmations governing the same transaction, then neither Transaction Confirmation shall be binding until or unless such differences are resolved including the use of any evidence that clearly resolves the differences in the Transaction Confirmations. In the event of a conflict among the terms of (i) a binding Transaction Confirmation pursuant to Section 1.2, (ii) the oral agreement of the parties which may be evidenced by a recorded conversation, where the parties have selected the Oral Transaction Procedure of the Base Contract, (iii) the Base Contract, and (iv) these General Terms and Conditions, the terms of the documents shall govern in the priority listed in this sentence. 1.4. The parties agree that each party may electronically record all telephone conversations with respect to this Contract between their respective employees, without any special or further notice to the other party. Each party shall obtain any necessary consent of its agents and employees to such recording. Where the parties have selected the Oral Transaction Procedure in Section 1.2 of the Base Contract, the parties agree not to contest the validity or enforceability of telephonic recordings entered into in accordance with the requirements of this Base Contract. SECTION 2. DEFINITIONS The terms set forth below shall have the meaning ascribed to them below. Other terms are also defined elsewhere in the Contr act and shall have the meanings ascribed to them herein. 2.1. “Additional Event of Default” shall mean Transactional Cross Default or Indebtedness Cross Default, each as and if selected by the parties pursuant to the Base Contract. 2.2. “Affiliate” shall mean, in relation to any person, any entity controlled, directly or indirectly, by the person, any entity that controls, directly or indirectly, the person or any entity directly or indirectly under common control with the person. For this purpose, “control” of any entity or person means ownership of at least 50 percent of the voting power of the entity or person. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 4 of 13 September 5, 2006 2.3. “Alternative Damages” shall mean such damages, expressed in dollars or dollars per MMBtu, as the parties shall agree upon in the Transaction Confirmation, in the event either Seller or Buyer fails to perform a Firm obligation to deliver Gas in the case of Seller or to receive Gas in the case of Buyer. 2.4. "Base Contract" shall mean a contract executed by the parties that incorporates these General Terms and Conditions by reference; that specifies the agreed selections of provisions contained herein; and that sets forth other information required herein and any Special Provisions and addendum(s) as identified on page one. 2.5. "British thermal unit" or "Btu" shall mean the International BTU, which is also called the Btu (IT). 2.6. "Business Day(s)" shall mean Monday through Friday, excluding Federal Banking Holidays for transactions in the U.S. 2.7. "Confirm Deadline" shall mean 5:00 p.m. in the receiving party's time zone on the second Business Day following the Day a Transaction Confirmation is received or, if applicable, on the Business Day agreed to by the parties in the Base Contract; provided, if the Transaction Confirmation is time stamped after 5:00 p.m. in the receiving party's time zone, it shall be dee med received at the opening of the next Business Day. 2.8. "Confirming Party" shall mean the party designated in the Base Contract to prepare and forward Transaction Confirmations to the other party. 2.9. "Contract" shall mean the legally-binding relationship established by (i) the Base Contract, (ii) any and all binding Transaction Confirmations and (iii) where the parties have selected the Oral Transaction Procedure in Section 1.2 of the Base Contract, any and all transactions that the parties have entered into through an EDI transmission or by telephone, but that h ave not been confirmed in a binding Transaction Confirmation, all of which shall form a single integrated agreement between the parties. 2.10. "Contract Price" shall mean the amount expressed in U.S. Dollars per MMBtu to be paid by Buyer to Seller for the purchase of Gas as agreed to by the parties in a transaction. 2.11. "Contract Quantity" shall mean the quantity of Gas to be delivered and taken as agreed to by the parties in a transaction. 2.12. "Cover Standard", as referred to in Section 3.2, shall mean that if there is an unexcu sed failure to take or deliver any quantity of Gas pursuant to this Contract, then the performing party shall use commercially reasonable efforts to (i) if Buye r is the performing party, obtain Gas, (or an alternate fuel if elected by Buyer and replacement Gas is not available), or (ii) if Seller is the performing party, sell Gas, in either case, at a price reasonable for the delivery or production area, as applicable, consist ent with: the amount of notice provided by the nonperforming party; the immediacy of the Buyer's Gas consumption needs or Seller's Gas sales requirements, as applicable; the quantities involved; and the anticipated length of failure by the nonperforming party. 2.13. "Credit Support Obligation(s)” shall mean any obligation(s) to provide or es tablish credit support for, or on behalf of, a party to this Contract such as cash, an irrevocable standby letter of credit, a margin agreement, a prepayment, a security interest in an asset, guaranty, or other good and sufficient security of a continuing nature. 2.14. "Day" shall mean a period of 24 consecutive hours, coextensive with a "day" as defined by the Receiving Transporter in a particular transaction. 2.15. "Delivery Period" shall be the period during which deliveries are to be made as agreed to by the partie s in a transaction. 2.16. "Delivery Point(s)" shall mean such point(s) as are agreed to by the parties in a transaction. 2.17. "EDI" shall mean an electronic data interchange pursuant to an agreement entered into by the parties, specifically relating to the communication of Transaction Confirmations under this Contract. 2.18. "EFP" shall mean the purchase, sale or exchange of natural Gas as the "physical" side of an exchange for physical transaction involving gas futures contracts. EFP shall incorporate the meaning and reme dies of "Firm", provided that a party’s excuse for nonperformance of its obligations to deliver or receive Gas will be governed by the rules of the relevant futures exchange regulated under the Commodity Exchange Act. 2.19. "Firm" shall mean that either party may interrupt its performance without liability only to the extent that such performance is prevented for reasons of Force Majeure; provided, however, that during Force Majeure interruptions, the party invoking Force Majeure may be responsible for any Imbalance Charges as set forth in Section 4.3 related to its interruption after the nomination is made to the Transporter and until the change in deliveries and/or receipts is confirmed by the Transporter. 2.20. "Gas" shall mean any mixture of hydrocarbons and noncomb ustible gases in a gaseous state consisting primarily of methane. 2.21. “Guarantor” shall mean any entity that has provided a guaranty of the obligations of a party hereunder. 2.22. "Imbalance Charges" shall mean any fees, penalties, costs or charges (in cash or in ki nd) assessed by a Transporter for failure to satisfy the Transporter's balance and/or nomination requirements. 2.23. “Indebtedness Cross Default” shall mean if selected on the Base Contract by the parties with respect to a party, that it or its Guarantor, if any, experiences a default, or similar condition or event however therein defined, under one or more agreements or instruments, individually or collectively, relating to indebtedness (such indebtedness to include any obligatio n whether present or future, contingent or otherwise, as principal or surety or otherwise) for the payment or repayment of borrowed money in an aggregate amount greater than the threshold specified in the Base Contract with respect to such party or its Guarantor, if any, which results in such indebtedness becoming immediately due and payable. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 5 of 13 September 5, 2006 2.24. "Interruptible" shall mean that either party may interrupt its performance at any time for any reason, whether or not caused by an event of Force Majeure, with no liability, except such interrupting party may be responsible for any Imbalance Charges as set forth in Section 4.3 related to its interruption after the nomination is made to the Transporter and until the change in deliveries and/or receipts is confirmed by Transporter. 2.25. "MMBtu" shall mean one million British thermal units, which is equivalent to one dekatherm. 2.26. "Month" shall mean the period beginning on the first Day of the calendar month and ending immediately prior to the commencement of the first Day of the next calendar month. 2.27. "Payment Date" shall mean a date, as indicated on the Base Contract, on or before which payment is due Seller for Gas received by Buyer in the previous Month. 2.28. "Receiving Transporter" shall mean the Transporter receiving Gas at a Delivery Point, or absent such receiving Transporter, the Transporter delivering Gas at a Delivery Point. 2.29. "Scheduled Gas" shall mean the quantity of Gas confirmed by Transporter(s) for movement, transportation or management. 2.30. “Specified Transaction(s)” shall mean any other transaction or agreement between the parties for the purchase, sale or exchange of physical Gas, and any other transaction or agreement identified as a Specified Transaction under the Base Contract. 2.31. "Spot Price " as referred to in Section 3.2 shall mean the price listed in the publication indicated on the Base Contract, under the listing applicable to the geographic location closest in proximity to the Delivery Point(s) for the relevant Day; p rovided, if there is no single price published for such location for such Day, but there is published a range of prices, then the Spot Price shall be the average of such high and low prices. If no price or range of prices is published for such Day, then the Spot Price sh all be the average of the following: (i) the price (determined as stated above) for the first Day for which a price or range of prices is published that next precedes the relevant Day; and (ii) the price (determined as stated above) for the first Day for which a price or range of prices is published that next follows the relevant Day. 2.32. "Transaction Confirmation" shall mean a document, similar to the form of Exhibit A, setting forth the terms of a transaction formed pursuant to Section 1 for a particular Delivery Period. 2.33. “Transactional Cross Default” shall mean if selected on the Base Contract by the parties with respect to a party, that it shall be in default, however therein defined, under any Specified Transaction. 2.34. “Termination Option” shall mean the option of either party to terminate a transaction in the event that the other party fails to perform a Firm obligation to deliver Gas in the case of Seller or to receive Gas in the case of Buyer for a designated number of days during a period as specified on the applicable Transaction Confirmation. 2.35. "Transporter(s)" shall mean all Gas gathering or pipeline companies, or local distribution companies, acting in the capacity of a transporter, transporting Gas for Seller or Buyer upstream or downstream, respectively, of the Delivery Point pursuant to a particular transaction. SECTION 3. PERFORMANCE OBLIGATION 3.1. Seller agrees to sell and deliver, and Buyer agrees to receive and purchase, the Contract Quantity for a particular transaction in accordance with the terms of the Contract. Sales and purchases will be on a Firm or Interruptible basis, as agreed to by the parties in a transaction. The parties have selected either the “Cover Standard” or the “Spot Price Standard” as indicated on the Base Contract. Cover Standard: 3.2. The sole and exclusive remedy of the parties in the event of a breach of a Firm obligation to deliver or receive Gas shall be recovery of the following: (i) in the event of a breach by Seller on any Day(s), payment by Seller to Buyer in an amount e qual to the positive difference, if any, between the purchase price paid by Buyer utilizin g the Cover Standard and the Contract Price, adjusted for commercially reasonable differences in transportation costs to or from the Delivery Point(s), multiplied by the difference between the Contract Quantity and the quantity actually delivered by Seller for such Day(s) excluding any quantity for which no replacement is available; or (ii) in the event of a breach by Buyer on any Day(s), payment by Buyer to Seller in the amount equal to the positive difference, if any, between the Contract Price and the pr ice received by Seller utilizing the Cover Standard for the resale of such Gas, adjusted for commercially reasonable differences in transportation costs to or from the Delivery Point(s), multiplied by the difference between the Contract Quantity and the quantity actually taken by Buyer for such Day(s) excluding any quantity for which no sale is available; and (iii) in the event that Buyer has used commercially reasonable efforts to replace the Gas or Seller has used commercially reasonable efforts to sell t he Gas to a third party, and no such replacement or sale is available for all or any portion of the Contract Quantity of Gas, then in addition to (i) or (ii) above, as applicable, the sole and exclusive remedy of the performing party with respect to the Gas not replaced or sold shall be an amount equal to any unfavorable difference between the Contract Price and the Spot Price, adjusted for such transportation to the applicable Delivery Point, multiplied by the quantity of such Gas not replaced or sold. Imbalance Charges shall not be recovered under this Section 3.2, but Seller and/or Buyer shall be responsible for Imbalance Charges, if any, as provided in Section 4.3. The amount of such unfavorable difference shall be payable five Business Days after pres entation of the performing party’s invoice, which shall set forth the basis upon which such amount was calculated. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 6 of 13 September 5, 2006 Spot Price Standard: 3.2. The sole and exclusive remedy of the parties in the event of a breach of a Firm obligation to deliver or receive Gas shall be recovery of the following: (i) in the event of a breach by Seller on any Day(s), payment by Seller to Buyer in an amount equa l to the difference between the Contract Quantity and the actual quantity delivered by Seller and received by Buyer fo r such Day(s), multiplied by the positive difference, if any, obtained by subtracting the Contract Price from the Spot Price; or (ii) in the event of a breach by Buyer on any Day(s), payment by Buyer to Seller in an amount equal to the difference between t he Contract Quantity and the actual quantity delivered by Seller and received by Buyer for such Day(s), multiplied by the positive difference, if any, obtained by subtracting the applicable Spot Price from the Contract Price. Imbalance Charges shall not b e recovered under this Section 3.2, but Seller and/or Buyer shall be responsible for Imbalance Charges, if any, as provided in Section 4.3. The amo unt of such unfavorable difference shall be payable five Business Days after presentation of the performing party’s invoice, which shall set forth the basis upon which such amount was calculated. 3.3. Notwithstanding Section 3.2, the parties may agree to Alternative Damages in a Transaction Confirmation executed in writing by both parties. 3.4. In addition to Sections 3.2 and 3.3, the parties may provide for a Termination Option in a Transaction Confirmation executed in writing by both parties. The Transaction Confirmation containing the Termination Option will designate the lengt h of nonperformance triggering the Termination Option and the procedures for exercise thereof, how damages for nonperformance will be compensated, and how liquidation costs will be calculated. SECTION 4. TRANSPORTATION, NOMINATIONS, AND IMBALANCES 4.1. Seller shall have the sole responsibility for transporting the Gas to the Delivery Point(s). Buyer shall have the sole responsibility for transporting the Gas from the Delivery Point(s). 4.2. The parties shall coordinate their nomination activities, giving sufficient time to meet the deadlines of the affected Transporter(s). Each party shall give the other party timely prior Notice, sufficient to meet the requirements of all Transporter(s) involved in the transaction, of the quantities of Gas to be delivered and purchased each Day. Should either party become aware that actual deliveries at the Delivery Point(s) are greater or lesser than the Scheduled Gas, such party shall promptly notify the other party. 4.3. The parties shall use commercially reasonable efforts to avoid imposition of any Imbalance Charges. If Buyer or Seller receives an invoice from a Transporter that includes Imbalance Charges, the parties shall determine the validity as well as the cause of such Imbalance Charges. If the Imbalance Charges were incurred as a result of Buyer’s receipt of quantities of Gas greater than or less than the Scheduled Gas, then Buyer shall pay for such Imbalance Charges or reimburse Seller for such Imbalance Charges paid by Seller. If the Imbalance Charges were incurred as a result of Seller’s delivery of quantities of Gas greater than or less than the Scheduled Gas, then Seller shall pay for such Imbalance Charges or reimburse Buyer for such Imbalance Charges paid by Buyer. SECTION 5. QUALITY AND MEASUREMENT All Gas delivered by Seller shall meet the pressure, quality and heat content requirements of the Receiving Transporter. The unit of quantity measurement for purposes of this Contract shall be one MMBtu dry. Measurement of Gas quantities hereunder shall be in accordance with the established procedures of the Receiving Transporter. SECTION 6. TAXES The parties have selected either “Buyer Pays At and After Delivery Point” or “Seller Pays Before and At Delivery Point” as indicated on the Base Contract. Buyer Pays At and After Delivery Point: Seller shall pay or cause to be paid all taxes, fees, levies, penalties, licenses or charges imposed by any government authority (“Taxes”) on or with respect to the Gas prior to the Delivery Point(s). Buyer shall pay or cause to be paid all Taxes on or with respect to the Gas at the Delivery Point(s) and all Taxes after the Delivery Point(s). If a party is required to remit or pay Taxes that are the other party’s responsibility hereunder, the party responsible for such Taxes shall promptly reimburse the other party for such Taxes. Any party entitled to an exemption from any such Taxes or charges shall furnish the other party any necessary documentation thereof. Seller Pays Before and At Delivery Point: Seller shall pay or cause to be paid all taxes, fees, levies, penalties, licenses or charges imposed by any government authority (“Taxes”) on or with respect to the Gas prior to the Delivery Point(s) and all Taxes at the Delivery Point(s). Buyer shall pay or cause to be paid all Taxes on or with respect to the Gas after the Delivery Point(s). If a party is required to remit or pay Taxes that are the other party’s responsibility hereunder, the party responsible for such Taxes shall promptly reimburse the other party for such Taxes. Any party entitled to an exemption from any such Taxes or charges shall furnish the other party any necessary documentation thereof. SECTION 7. BILLING, PAYMENT, AND AUDIT 7.1. Seller shall invoice Buyer for Gas delivered and received in the preceding Month and for any other applicable charges, providing supporting documentation acceptable in industry practice to support the amount charged. If the actual quantity delivered is not known by the billing date, billing will be prepared based on the quantity of Scheduled Gas. The invoiced quantity will then be adjusted to the actual quantity on the following Month's billing or as soon thereafter as actual delivery information is available. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 7 of 13 September 5, 2006 7.2. Buyer shall remit the amount due under Section 7.1 in the manner specified in the Base Contract, in immediately available funds, on or before the later of the Payment Date or 10 Days after receipt of the invoice by Buyer; provided that if the Payment Date is not a Business Day, payment is due on the next Business Day following that date. In the event any payments are due Buyer hereunder, payment to Buyer shall be made in accordance with this Section 7.2. 7.3. In the event payments become due pursuant to Sections 3.2 or 3.3, the performing party may submit an invoice to the nonperforming party for an accelerated payment setting forth the basis upon which the invoiced amount was calculated. Payment from the nonperforming party will be due five Business Days after receipt of invoice. 7.4. If the invoiced party, in good faith, disputes the amount of any such invoice or any part thereof, such invoiced party will pay such amount as it concedes to be correct; provided, however, if the invoiced party disputes the amount due, it must provide supporting documentation acceptable in industry practice to support the amount paid or disputed without undue delay. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 7.5. If the invoiced party fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus two percent per annum; or (ii) the maximum applicable lawful interest rate. 7.6. A party shall have the right, at its own expense, upon reasonable Notice and at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Contract. This right to examine, audit, and to obtain copies shall not be available with respect to proprietary information not directly relevant to transactions under this Contract. All invoices and billings shall be conclusively presumed final and accurate and all associated claims for under- or overpayments shall be deemed waived unless such invoices or billings are objected to in writing, with adequate explanation and/or documentation, within two years after the Month of Gas delivery. All retroactive adjustments under Section 7 shall be paid in full by the party owing payment within 30 Days of Notice and substantiation of such inaccuracy. 7.7. Unless the parties have elected on the Base Contract not to make this Section 7.7 applicable to this Contract, the parties shall net all undisputed amounts due and owing, and/or past due, arising under the Contract such that the party owing the gre ater amount shall make a single payment of the net amount to the other party in accordance with Section 7; provided that no payment required to be made pursuant to the terms of any Credit Support Obligation or pursuant to Section 7.3 shall be subject to net ting under this Section. If the parties have executed a separate netting agreement, the terms and conditions therein shall prevail to t he extent inconsistent herewith. SECTION 8. TITLE, WARRANTY, AND INDEMNITY 8.1. Unless otherwise specifically agreed, title to the Gas shall pass from Seller to Buyer at the Delivery Point(s). Seller shall have responsibility for and assume any liability with respect to the Gas prior to its delivery to Buyer at the specified Deli very Point(s). Buyer shall have responsibility for and assume any liability with respect to said Gas after its delivery to Buyer at the Delivery Point(s). 8.2. Seller warrants that it will have the right to convey and will transfer good and merchantable title to all Gas sold hereunder and delivered by it to Buyer, free and clear of all liens, encumbrances, and claims. EXCEPT AS PROVIDED IN THIS SECTION 8.2 AND IN SECTION 15.8, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE, ARE DISCLAIMED. 8.3. Seller agrees to indemnify Buyer and save it harmless from all losses, liabilities or claims including reasonable attorneys' fees and costs of court ("Claims"), from any and all persons, arising from or out of claims of title, personal inj ury (including death) or property damage from said Gas or other charges thereon which attach before title passes to Buyer. Buyer agrees to indemnify Seller and save it harmless from all Claims, from any and all persons, arising from or out of claims regarding payment, personal injury (including death) or property damage from said Gas or other charges thereon which attach after title passes to Buyer. 8.4. The parties agree that the delivery of and the transfer of title to all Gas under this Contract shall take place within the Customs Territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States 19 U.S.C. §1202, General Notes, page 3); provided, however, that in the event Seller took title to the Gas outside the Customs Territory of the United States, Seller represents and warrants that it is the importer of record for all Gas entered and delivered into the United States, and shall be responsible for entry and entry summary filings as well as the payment of duties, taxes and f ees, if any, and all applicable record keeping requirements. 8.5. Notwithstanding the other provisions of this Section 8, as between Seller and Buyer, Seller will be liable for all Claims to the extent that such arise from the failure of Gas delivered by Seller to meet the quality requirements of Section 5. SECTION 9. NOTICES 9.1. All Transaction Confirmations, invoices, payment instructions, and other communications made pursuant to the Base Contract ("Notices") shall be made to the addresses specified in writing by the respective parties from time to time. 9.2. All Notices required hereunder shall be in writing and may be sent by facsimile or mutually acceptable electronic means, a nationally recognized overnight courier service, first class mail or hand delivered. 9.3. Notice shall be given when received on a Business Day by the addressee. In the absence of proof of the actual receipt date, the following presumptions will apply. Notices sent by facsimile shall be deemed to have been received upon the sendin g party's receipt of its facsimile machine's confirmation of successful transmission. If the day on which such facsimile is received is Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 8 of 13 September 5, 2006 not a Business Day or is after five p.m. on a Business Day, then such facsimile shall be deemed to have been received on the next following Business Day. Notice by overnight mail or courier shall be deemed to have been received on the next Business Day after it was sent or such earlier time as is confirmed by the receiving party. Notice via first class mail shall be considered del ivered five Business Days after mailing. 9.4. The party receiving a commercially acceptable Notice of change in payment instructions or other payment information shall not be obligated to implement such change until ten Business Days after receipt of such Notice. SECTION 10. FINANCIAL RESPONSIBILITY 10.1. If either party (“X”) has reasonable grounds for insecurity regarding the performance of any obligation under this Contract (whether or not then due) by the other party (“Y”) (including, without limitation, the occurrence of a material change in the creditworthiness of Y or its Guarantor, if applicable), X may demand Adequate Assurance of Performance. “Adequate Assurance of Performance” shall mean sufficient security in the form, amount, for a term, and from an issuer, all as reasonably acceptable to X, including, but not limited to cash, a standby irrevocable letter of credit, a prepayment, a security interest in an asset or guaranty. Y hereby grants to X a continuing first priority security interest in, lien on, and right of setoff against all Adequate Ass urance of Performance in the form of cash transferred by Y to X pursuant to this Section 10.1. Upon the return by X to Y of such Adequ ate Assurance of Performance, the security interest and lien granted hereunder on that Adequate Assurance of Performance shall be released automatically and, to the extent possible, without any further action by either party. 10.2. In the event (each an "Event of Default") either party (the "Defaulting Party") or its Guarantor shall: (i) make an assignment or any general arrangement for the benefit of creditors; (ii) file a petition or otherwise commence, authorize, or acquiesce in the commencement of a proceeding or case under any bankruptcy or similar law for the pr otection of creditors or have such petition filed or proceeding commenced against it; (iii) otherwise become bankrupt or insolvent (however evidenced); (iv) be unable to pay its debts as they fall due; (v) have a receiver, provisional liquidator, conservator, custodian, trustee or other similar official appointed with respect to it or substantially all of its assets; (vi) fail to perform any obligation to the other party with respect to any Credit Support Obligations relating to the Contract; (vii) fail to give Adequate Assurance of Performance under Section 10.1 within 48 hours but at least one Business Day of a written request by the other party; (viii) not have paid any amount due the other party hereunder on or before the second Business Day following written Notice that such payment is due; or ix) be the affected party with respect to any Additional Event of Default; then the other party (the "Non-Defaulting Party") shall have the right, at its sole election, to immediately withhold and/or suspend deliveries or payments upon Notic e and/or to terminate and liquidate the transactions under the Contract, in the manner provided in Section 10.3, in addition to any and all other remedies available hereunder. 10.3. If an Event of Default has occurred and is continuing, the Non -Defaulting Party shall have the right, by Notice to the Defaulting Party, to designate a Day, no earlier than the Day such Notice is given and no later than 20 Days after such Notice is given, as an early termination date (the “Early Termination Date”) for the liquidation and termination pursuant to Section 10.3.1 of all transactions under the Contract, each a “Terminated Transaction”. On the Early Termination Date, all transactions will terminate, other than those transactions, if any, that may not be liquidated and termi nated under applicable law (“Excluded Transactions”), which Excluded Transactions must be liquidated and terminated as soon thereafter as is legally permissible, and upon termination shall be a Terminated Transaction and be valued consistent with Section 1 0.3.1 below. With respect to each Excluded Transaction, its actual termination date shall be the Early Termination Date for purposes of Section 10.3.1. The parties have selected either “Early Termination Damages Apply” or “Early Termination Damages Do Not Apply” as indicated on the Base Contract. Early Termination Damages Apply: 10.3.1. As of the Early Termination Date, the Non-Defaulting Party shall determine, in good faith and in a commercially reasonable manner, (i) the amount owed (whether or not then due) b y each party with respect to all Gas delivered and received between the parties under Terminated Transactions and Excluded Transactions on and before the Early Termination Date and all other applicable charges relating to such deliveries and receipts (incl uding without limitation any amounts owed under Section 3.2), for which payment has not yet been made by the party that owes such payment under this Contract and (ii) the Market Value, as defined below, of each Terminated Transaction. The Non-Defaulting Party shall (x) liquidate and accelerate each Terminated Transaction at its Market Value, so that each amount equal to the difference between such Market Value and the Contract Value , as defined below, of such Terminated Transaction(s) shall be due to the B uyer under the Terminated Transaction(s) if such Market Value exceeds the Contract Value and to the Seller if the opposite is the case; and (y) where appropriate, discount each amou nt then due under clause (x) above to present value in a commercially reaso nable manner as of the Early Termination Date (to take account of the period between the date of liquidation and the date on which such amount would have otherwise been due pursuan t to the relevant Terminated Transactions). For purposes of this Section 10.3.1, “Contract Value” means the amount of Gas remaining to be delivered or purchased under a transaction multiplied by the Contract Price, and “Market Value” means the amount of Gas remaining to be delivered or purchas ed under a transaction multiplied by the market price for a similar transaction at the Delivery Point determined by the Non -Defaulting Party in a commercially reasonable manner. To ascertain the Market Value, the Non -Defaulting Party may consider, among other valuations, any or all of the settlement prices of NYMEX Gas futures contracts, quotations from leading dealers in energy swap contracts or physical gas trading markets, similar sales or purchases and any other bona fide third -party offers, all adjusted for the length of the term and differences in transportation costs. A party shall not be required to enter into a replacement transaction(s) in order to determine the Market Value. Any extension(s) of the term of a transaction to which parties are not bound as of the Early Termination Date (including but not limited to “evergreen provisions”) shall not be considered in determining Contract Values and Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 9 of 13 September 5, 2006 Market Values. For the avoidance of doubt, any option pursuant to which one party has the right to extend the term of a transaction shall be considered in determining Contract Values and Market Values. The rate of interest used in calculating net present value shall be determined by the Non-Defaulting Party in a commercially reasonable manner. Early Termination Damages Do Not Apply: 10.3.1. As of the Early Termination Date, the Non-Defaulting Party shall determine, in good faith and in a commercially reasonable manner, the amount owed (whether or not then due) by each party with respect to all Gas delivered and received between the parties under Terminated Transactions and Excluded Transactions on and before the Early Termination Date and all other applicable charges relating to such deliveries and receipts (including without limitation any amounts owed under Sectio n 3.2), for which payment has not yet been made by the party that owes such payment under this Contract. The parties have selected either “Other Agreement Setoffs Apply” or “Other Agreement Setoffs Do Not Apply” as indicated on the Base Contract. Other Agreement Setoffs Apply: Bilateral Setoff Option: 10.3.2. The Non-Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the parties under Section 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payable by one part y to the other (the “Net Settlement Amount”). At its sole option and without prior Notice to the Defaulting Party, the Non -Defaulting Party is hereby authorized to setoff any Net Settlement Amount against (i) any margin or other collateral held by a party in connection with any Credit Support Obligation relating to the Contract; and (ii) any amount(s) (including any excess cash margin or excess cash collateral) owed or held by the party that is entitled to the Net Settlement Amount under any other agreement or arrangement between the parties. Triangular Setoff Option: 10.3.2. The Non-Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the parties under Section 10.3.1, so that all such amounts are netted or aggregate d to a single liquidated amount payable by one party to the other (the “Net Settlement Amount”). At its sole option, and without prior Notice to the Defaulting Party, the Non -Defaulting Party is hereby authorized to setoff (i) any Net Settlement Amount against any margin or other collateral held by a party in connection with any Credit Support Obligation relating to the Contract; (ii) any Net Settlement Amount against any amount(s) (including any excess cash margin or excess cash collateral) owed by or to a party under any other agreement or arrangement between the parties; (iii) any Net Settlement Amount owed to the Non-Defaulting Party against any amount(s) (including any excess cash margin or excess cash collateral) owed by the Non-Defaulting Party or its Affiliates to the Defaulting Party under any other agreement or arrangement; (iv) any Net Settlement Amount owed to the Defaulting Party against any amount(s) (including any excess cash margin or excess cash collateral) owed by the Defaulting Party to the Non-Defaulting Party or its Affiliates under any other agreement or arrangement; and/or (v) any Net Settlement Amount owed to the Defaulting Party against any amount(s) (including any excess cash margin or excess cash collateral) owed by the Defaulting Party or its Affiliates to the Non-Defaulting Party under any other agreement or arrangement. Other Agreement Setoffs Do Not Apply: 10.3.2. The Non-Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the parties under Section 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payable by one party to th e other (the “Net Settlement Amount”). At its sole option and without prior Notice to the Defaulting Party, the Non -Defaulting Party may setoff any Net Settlement Amount against any margin or other collateral held by a party in connection with any Credit Support Obligation relating to the Contract. 10.3.3. If any obligation that is to be included in any netting, aggregation or setoff pursuant to Section 10.3.2 is unascertained, the Non-Defaulting Party may in good faith estimate that obligation and net, aggregate or setoff, as applicable, in respect of the estimate, subject to the Non-Defaulting Party accounting to the Defaulting Party when the obligation is ascertained. Any amount not then due which is included in any netting, aggregation or setoff pursuant to Section 10.3.2 shall be discounte d to net present value in a commercially reasonable manner determined by the Non -Defaulting Party. 10.4. As soon as practicable after a liquidation, Notice shall be given by the Non -Defaulting Party to the Defaulting Party of the Net Settlement Amount, and whether the Net Settlement Amount is due to or due from the Non -Defaulting Party. The Notice shall include a written statement explaining in reasonable detail the calculation of the Net Settlement Amount, provided that failure to give such Notice shall not affect the validity or enforceability of the liquidation or give rise to any claim by the Defau lting Party against the Non-Defaulting Party. The Net Settlement Amount as well as any setoffs applied against such amount pursuant to Section 10.3.2, shall be paid by the close of business on the second Business Day following such Notice, which date shall not b e earlier than the Early Termination Date. Interest on any unpaid portion of the Net Settlement Amount as adjusted by setoffs, shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus two percent per annum; or (ii) the maximum applicable lawful interest rate. 10.5. The parties agree that the transactions hereunder constitute a "forward contract" within the meaning of the Un ited States Bankruptcy Code and that Buyer and Seller are each "forward contract merchants" within the meaning of the United State s Bankruptcy Code. 10.6. The Non-Defaulting Party's remedies under this Section 10 are the sole and exclusive remedies of the Non -Defaulting Party with respect to the occurrence of any Early Termination Date. Each party reserves to itself all other rights, setoffs, counterclaims and other defenses that it is or may be entitled to arising from the Contract. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 10 of 13 September 5, 2006 10.7. With respect to this Section 10, if the parties have executed a separate netting agreement with close -out netting provisions, the terms and conditions therein shall prevail to the extent inconsistent herewith. SECTION 11. FORCE MAJEURE 11.1. Except with regard to a party's obligation to make payment(s) due under Section 7, Section 10.4, and Imbalance Charges under Section 4, neither party shall be liable to the other for failure to perform a Firm obligation, to the extent such failure was caused by Force Majeure. The term "Force Majeure" as employed herein means any cause not reasonably within the control of the party claiming suspension, as further defined in Section 11.2. 11.2. Force Majeure shall include, but not be limited to, the following: (i) physical events such as acts of God, landslides, lightning, earthquakes, fires, storms or storm warnings, such as hurricanes, which result in evacuation of the affected area, floods, washouts, explosions, breakage or accident or necessity of repairs to machinery or equipment or lines of pipe; (ii) weather related events affecting an entire geographic region, such as low temperatures which cause freezing or failure of wells or lines of p ipe; (iii) interruption and/or curtailment of Firm transportation and/or storage by Transporters; (iv) acts of others such as strikes, lockouts or other industrial disturbances, riots, sabotage, insurrections or wars , or acts of terror; and (v) governmental actions such as necessity for compliance with any court order, law, statute, ordinance, regulation, or policy having the effect o f law promulgated by a governmental authority having jurisdiction. Seller and Buyer shall make reasonable efforts to avoid the adverse impacts of a Force Majeure and to resolve the event or occurrence once it has occurred in order to resume performance. 11.3. Neither party shall be entitled to the benefit of the provisions of Force Majeure to the extent performance is affected by any or all of the following circumstances: (i) the curtailment of interruptible or secondary Firm transportation unless primary, in-path, Firm transportation is also curtailed; (ii) the party claiming excuse failed to remedy the condition and to resume the perfor mance of such covenants or obligations with reasonable dispatch; or (iii) economic hardship, to include, without limitation, Seller’s ability to sell Gas at a higher or more advantageous price than the Contract Price, Buyer’s ability to purchase Gas at a lower or more advantageous price than the Contract Price, or a regulatory agency disallowing, in whole or in part, the pass through of costs resulting from this Contract; (iv) the loss of Buyer’s market(s) or Buyer’s inability to use or resell Gas purchased hereunder, except, in either case, as provided in Section 11.2; or (v) the loss or failure of Seller’s gas supply or depletion of reserves, except, in either case, as provided in Section 11.2. The party claiming Force Majeure shall not be excused from its responsibility for Imbalance Charges. 11.4. Notwithstanding anything to the contrary herein, the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be within the sole discretion of the party experiencing such disturbance. 11.5. The party whose performance is prevented by Force Majeure must provide Notice to the other party. Initial Notice may be given orally; however, written Notice with reasonably full particulars of the event or occurrence is required as soon as reasonably possible. Upon providing written Notice of Force Majeure to the other party, the affected party will be relieved of its obligation, from the onset of the Force Majeure event, to make or accept delivery of Gas, as applicable, to the extent and for the duration of Force Majeure, and neither party shall be deemed to have failed in such obligations to the other during such occurrence or event. 11.6. Notwithstanding Sections 11.2 and 11.3, the parties may agree to alternative Force Majeure provisions in a Transaction Confirmation executed in writing by both parties. SECTION 12. TERM This Contract may be terminated on 30 Day’s written Notice, but shall remain in effect until the expiration of the latest Delivery Period of any transaction(s). The rights of either party pursuant to Section 7.6, Section 10, Section 13, the obligations to make payment hereunder, and the obligation of either party to indemnify the other, pursuant hereto shall survive the termination of the Base Contract or any transaction. SECTION 13. LIMITATIONS FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY. A PARTY’S LIABILITY HEREUNDER SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN OR IN A TRANSACTION, A PARTY’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY. SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 11 of 13 September 5, 2006 SECTION 14. MARKET DISRUPTION If a Market Disruption Event has occurred then the parties shall negotiate in good faith to agree on a replacement price for the Floating Price (or on a method for determining a replacement price for the Floating Price) for the affected Day, and if the parties have not so agreed on or before the second Business Day following the affected Day then the replacement price for the Floating Price shall be determined within the next two following Business Days with each party obtaining, in good faith and from non- affiliated market participants in the relevant market, two quotes for prices of Gas for the affected Day of a similar quality and quantity in the geographical location closest in proximity to th e Delivery Point and averaging the four quotes. If either party fails to provide two quotes then the average of the other party’s two quotes shall determine the replacement price for the Floating Price. "Floating Price" means the price or a factor of the price agreed to in the transaction as being based upon a specified index. "Market Disruption Event" means, with respect to an index specified for a transaction, any of the following events: (a) the failure of the index to announce or publish information necessary for determining the Floating Price; (b) the failure of trading to commence or the permanent discontinuation or material suspension of trading on the exchange or market acting as the index; (c) the temporary or permanent discontinuance or unavailability of the index; (d) the temporary or permanent closing of any exchange acting as the index; or (e) both parties agree that a material change in the formula for or the method of determining the Floating Price ha s occurred. For the purposes of the calculation of a replacement price for the Floating Price, all numbers shall be rounded to three decimal places. If the fourth decimal number is five or greater, then the third decimal number shall be increased by one and if the fourth decimal number is less than five, then the third decimal number shall remain unchanged . SECTION 15. MISCELLANEOUS 15.1. This Contract shall be binding upon and inure to the benefit of the successors, assigns, personal representatives, and heirs of the respective parties hereto, and the covenants, conditions, rights and obligations of this Contract shall run for the full term of this Contract. No assignment of this Contract, in whole or in part, will be made without the prior written consent of the non-assigning party (and shall not relieve the assigning party from liability hereunder), which consent will not be unreasonably withheld or delayed; provided, either party may (i) transfer, sell, pledge, encumber, or assign this Contract or the accounts, revenues, or proceeds hereof in connection with any financing or other financial arrangements, or (ii) transfer its interest to any parent or Affiliate by assignment, merger or otherwise without the prior approval of the other party. Upon any such assignment, transfer and assumption, the transferor shall remain principally liable for and shall not be relieved of or discharged from any obligations hereunder. 15.2. If any provision in this Contract is determined to be invalid, void or unenforceable by any court having jurisdiction, such determination shall not invalidate, void, or make unenforceable any other provision, agreement or covenant of this Contract. 15.3. No waiver of any breach of this Contract shall be held to be a waiver of any other or subsequent breach. 15.4. This Contract sets forth all understandings between the parties respecting each transaction subject hereto, and any prior contracts, understandings and representations, whether oral or written, relating to such transactions are merged into and superseded by this Contract and any effective transaction(s). This Contract may be amended only by a writing executed by both parties. 15.5. The interpretation and performance of this Contract shall be governed by the laws of the jurisdiction as indicated on the Base Contract, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. 15.6. This Contract and all provisions herein will be subject to all applicable and valid statutes, rules, orders and regulations of any governmental authority having jurisdiction over the parties, their facilities, or Gas supply, this Contract or transaction or any provisions thereof. 15.7. There is no third party beneficiary to this Contract. 15.8. Each party to this Contract represents and warrants that it has full and complete authority to enter into and perform this Contract. Each person who executes this Contract on behalf of either party represents and warrants that it has full and complete authority to do so and that such party will be bound thereby. 15.9. The headings and subheadings contained in this Contract are used solely for convenience and do not constitute a part of this Contract between the parties and shall not be used to construe or interpret the provisions of this Contract. 15.10. Unless the parties have elected on the Base Contract not to make this Section 15.10 applicable to this Contract, neither party shall disclose directly or indirectly without the prior written consent of the other party the terms of any transaction to a third party (other than the employees, lenders, royalty owners, counsel, accountants and other agents of the party, or prospective purchasers of all or substantially all of a party’s assets or of any rights under this Contract, provided such persons shall have agreed to keep such terms confidential) except (i) in order to comply with any applicable law, order, regulation, or exchange rule, (ii) to the extent necessary for the enforcement of this Contract , (iii) to the extent necessary to implement any transaction, (iv) to the extent necessary to comply with a regulatory agency’s reporting requirements including but not limited to gas cost recovery proceedings; or (v) to the extent such information is delivered to such third party for the sole purpose of calculating a published index. Each party shall notify the other party of any proceeding of which it is aware which may result in disclosure of the terms of any transaction (other than as permitted hereunder) and use reasonable efforts to prevent or limit the disclosure. The existence of this Contract is not subject to this confidentiality obligation. Subject to Section 13, the parties shall be entitled to all remedies available at law or in equity to enforce, or seek relief in connection with this confidentiality obligation. The terms of any transaction hereunder shall be kept confidential by the parties hereto for one year from the expiration of the transaction. In the event that disclosure is required by a governmental body or applicable law, the party subject to such requirement may disclose the material terms of this Contract to the extent so required, but shall promptly notify the other party, prior to disclosure, Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 12 of 13 September 5, 2006 and shall cooperate (consistent with the disclosing party’s legal obligations) with the other party’s efforts to obtain prote ctive orders or similar restraints with respect to such disclosure at the expense of the other party. 15.11. The parties may agree to dispute resolution procedures in Special Provisions attached to the Base Contract or in a Transaction Confirmation executed in writing by both parties 15.12. Any original executed Base Contract, Transaction Confirmation or other related document may be digitally copied, photocopied, or stored on computer tapes and disks (the “Imaged Agreement”). The Imaged Agreement, if introduced as evidence on paper, the Transaction Confirmation, if introduced as evidence in automated facsimile form, the recording, if introduced as evidence in its original form, and all computer records of the foregoing, if introduced as evidence in printed format, in any judicial, arbitration, mediation or administrative proc eedings will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. Neither Party shall object to the admissibility of the recording, the Transaction Co nfirmation, or the Imaged Agreement on the basis that such were not originated or maintained in documentary form. However, nothing herein shall be construed as a waiver of any other objection to the admissibility of such evidence. DISCLAIMER: The purposes of this Contract are to facilitate trade, avoid misunderstandings and make more definite the terms of contracts of purchase and sale of natural gas. Further, NAESB does not mandate the use of this Contract by any party. NAESB DISCLAIMS AND EXCLUDES, AND ANY USER OF THIS CONTRACT ACKNOWLEDGES AND AGREES TO NAESB'S DISCLAIMER OF, ANY AND ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THIS CONTRACT OR ANY PART THEREOF, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE (WHETHER OR NOT NAESB KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. EACH USER OF THIS CONTRACT ALSO AGREES THAT UNDER NO CIRCUMSTANCES WILL NAESB BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS CONTRACT. Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 13 of 13 September 5, 2006 TRANSACTION CONFIRMATION EXHIBIT A FOR IMMEDIATE DELIVERY Letterhead/Logo Date: ____________________________, _____ Transaction Confirmation #: _______________ This Transaction Confirmation is subject to the Base Contract between Seller and Buyer dated ______________________. The terms of this Transaction Confirmation are binding unless disputed in writing within 2 Business Days of receipt unless otherw ise specified in the Base Contract. SELLER: _______________________________________________ _______________________________________________ _______________________________________________ Attn: ___________________________________________ Phone: _________________________________________ Fax: ___________________________________________ Base Contract No. ________________________________ Transporter: _____________________________________ Transporter Contract Number: _______________________ BUYER: _______________________________________________ _______________________________________________ _______________________________________________ Attn: ___________________________________________ Phone: _________________________________________ Fax: ___________________________________________ Base Contract No. ________________________________ Transporter: _____________________________________ Transporter Contract Number: _______________________ Contract Price: $ /MMBtu or ______________________________________________________________________ Delivery Period: Begin: , ___ End: , ___ Performance Obligation and Contract Quantity: (Select One) Firm (Fixed Quantity): Firm (Variable Quantity): Interruptible: MMBtus/day MMBtus/day Minimum Up to MMBtus/day EFP MMBtus/day Maximum subject to Section 4.2. at election of Buyer or Seller Delivery Point(s): ________________________ (If a pooling point is used, list a specific geographic and pipeline location): Special Conditions: Seller: __________________________________________ By: ____________________________________________ Title: ___________________________________________ Date: __________________________________________ Buyer: __________________________________________ By: ____________________________________________ Title: ___________________________________________ Date: __________________________________________ Special Provisions To the NAESB Base Contract for Sale and Purchase of Natural Gas Between City of Vernon, a chartered City and Municipal Corporation of the State of California (“Party A”) And Twin Eagle Resource Management, LLC (“Party B”) The amendments to the Base Contract for Sale and Purchase of Natural Gas (“Contract”) set forth in these Special Provisions shall supplement and form part of the Contract and shall govern with respect to any conflicting or inconsistent provision in the Contract. Excep t as amended, the Contract shall remain in full force and effect. All Gas transactions are entered into in reliance on the fact that the Contract, each and all Gas transactions hereunder, and each and all Transaction Confirmations together constitute a single agreement between the parties. All Gas transactions in effect on the date hereof, and all Gas transactions entered into between the parties on or after the date hereof, shall be governed by this Contract. The parties expressly intend that this Contract govern all transactions for the purchase and sale of Gas between them. 1.The last paragraph of section 15.10 is deleted and replaced with the following: Notwithstanding the foregoing, “Party B” acknowledges that (a) City of Vernon is a municipality subject to the requirements of the Brown Act and the California Public Records Act (”CPRA"), and (b) City of Vernon may be required to disclose certain information regarding the terms of any transaction hereunder between the parties to the public as part of its approval process. If the City of Vernon receives a request for information concerning this Base Contract or the terms of any transaction hereunder between the parties under the CPRA, City of Vernon will notify “Party B” prior to the date of the required disclosure as to the nature of the request or requirement and City’s interpretation of the applicable disclosure requirements. “Party B” will have the sole obligation at its sole expense to seek a protective order or other appropriate remedy to prevent disclosure. IN WITNESS WHEREOF, the parties have executed these Special Provisions to supplement and, where applicable, to modify and supersede the Base Contract by and between the parties. CITY OF VERNON (Party A) TWIN EAGLE RESOURCE MANAGEMENT (Party B) By: ______________________________ By: ____________________________ Name: _____________________________ Name: ____________________________ Title: ______________________________ Title: _____________________________ Date: ______________________________ Date: ____________________________ Attest: Approved as to Form: ______________________ ________________________________ Lisa Pope, City Clerk Zaynah N. Moussa, Interim City Attorney Carlos Fandino City Administrator City Council Agenda Item Report Agenda Item No. COV-755-2021 Submitted by: Adriana Ramos Submitting Department: Public Utilities Meeting Date: September 21, 2021 SUBJECT 2020 Power Source Disclosure Program Annual Report and Power Content Label Recommendation: A. Ratify the submission to the California Energy Commission (CEC) of the attestation signed by Vernon Public Utilities’ General Manager, of the veracity of the 2020 Power Source Disclosure Program Annual Report; and B. Approve the 2020 Power Content Label and authorize its submission to the CEC. Background: In 1997, the California Legislature adopted Senate Bill 1305, adding Article 5, titled “Electricity Generation Source Disclosure,” (Article 5) to the California Code of Regulations. Under state law (Public Utilities Code Sections 398.4 and 398.5), retail suppliers of electricity must annually: 1) disclose to their end use customers the electricity sources for their sales to those customers in the form of a Power Content Label; and 2) report this same information, together with supporting documentation in verified form, to the CEC, in the form of a Power Source Disclosure Annual Report. In 2009, Senate Bill 1305 Article 5 and Assembly Bill 162 (Stats. 2009. Ch. 313) were tied together requiring the information used to calculate the Power Content Label for each calendar year be sent to the CEC as a Power Source Disclosure Annual report by June 1st and independently audited by October 1st. In lieu of an independent audit, an authorized agent of the City must submit to the CEC, under penalty of perjury attesting to the accuracy of the annual Power Source Disclosure Report. Vernon Public Utilities submitted the 2020 Public Source Disclosure Program Annual Report and the Power Content calculations to the CEC on May 27, 2021, with the staff attestation. Abraham Alemu, General Manager of Public Utilities, is the authorized agent who has verified that the information submitted to the CEC was true and correct to his best knowledge. This information has been provided to customers by posting the “Power Content Label” on the City’s website (www.cityofvernon.org). Effective October 31, 2016, the CEC changed its submission rules and now requires, not only an authorized agent to verify the information, but also that the City Council approve the Power Source Disclosure Program Annual Report (attachment 1) and the Power Content Label (attachment 2) at a public meeting. Upon City Council's approval of the Power Content Label, staff will submit the document to the CEC. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. 2020 Power Source Disclosure Program Annual Report 2. 2020 Power Content Label Version: April 2021 CONTACT INFORMATION 2020 POWER SOURCE DISCLOSURE ANNUAL REPORT For the Year Ending December 31, 2020 RETAIL SUPPLIER NAME City of Vernon: Vernon Public Utilities ELECTRICITY PORTFOLIO NAME VPU General Power Mix Retail suppliers are required to use the posted template and are not allowed to make edits to this format. Please complete all requested information. GENERAL INSTRUCTIONS NAME Abraham Alemu TITLE General Manager of Vernon Public Utilities MAILING ADDRESS 4305 S. Sata Fe Avenue CITY, STATE, ZIP Vernon, CA 90058 PHONE 323-583-8811 Ext.250 EMAIL aalemu@ci.vernon.ca.us If you have questions, contact Power Source Disclosure (PSD) staff at PSDprogram@energy.ca.gov or (916) 639-0573. NOTE: Information submitted in this report is not automatically held confidential. If your company wishes the information submitted to be considered confidential an authorized representative must submit an application for confidential designation (CEC-13), which can be found on the California Energy Commissions's website at https://www.energy.ca.gov/about/divisions-and-offices/chief-counsels-office. WEBSITE URL FOR PCL POSTING http://cityofvernon.org Submit the Annual Report and signed Attestation in PDF format with the Excel version of the Annual Report to PSDprogram@energy.ca.gov. Remember to complete the Retail Supplier Name, Electricity Portfolio Name, and contact information above, and submit separate reports and attestations for each additional portfolio if multiple were offered in the previous year. Version: April 2021 Schedule 1: Procurements and Retail Sales Schedule 2: Retired Unbundled RECs Schedule 3: Annual Power Content Label Data Schedule 1 - Procurements and Retail Sales INTRODUCTION Retail suppliers are required to submit separate Annual Reports for each electricity portfolio offered to California retail consumers in the previous calendar year. Enter the Retail Supplier Name and Electricity Portfolio Name at the top of Schedule 1, Schedule 2, Schedule 3, and the Attestation. A complete Annual Report includes the following tabs: PSD Intro Instructions Schedule 2 - Retired Unbundled Renewable Energy Credits (RECs) Schedule 3 - Annual Power Content Label Data Asset-Controlling Supplier (ACS) Procurement Calculator PSD Attestation INSTRUCTIONS GHG Emissions Factors Specified Purchases: A Specified Purchase refers to a transaction in which electricity is traceable to specific generating facilities by any auditable contract trail or equivalent, such as a tradable commodity system, that provides commercial verification that the electricity claimed has been sold once and only once to retail consumers. Do not enter data in the grey fields. For specified purchases, include enter following information for each line item: Facility Name - Provide the name used to identify the facility. Fuel Type - Provide the resource type (solar, natural gas, etc.) that this facility uses to generate electricity. Location - Provide the state or province in which the facility is located. Identification Numbers - Provide all applicable identification numbers from the Western Renewable Energy Generation Information System (WREGIS), the Energy Information Agency (EIA), and the California Renewables Portfolio Standard (RPS). Gross Megawatt Hours Procured - Provide the quantity of electricity procured in MWh from the generating facility. Megawatt Hours Resold - Provide the quantity of electricity resold at wholesale. Unspecified Power: Unspecified Power refers to electricity that is not traceable to specific generation sources by any auditable contract trail or equivalent, or to power purchases from a transaction that expressly transferred energy only and not the RECs associated from a facility. Do not enter procurements of unspecified power. The schedule will calculate unspecified power procurements automatically. Complete this schedule by entering information about unbundled REC retirements in the previous calendar year. Retail suppliers of electricity must complete this schedule by entering information about all power procurements and generation that served the identified electricity portfolio covered in this filing in the prior year. The schedule is divided into sections: directly delivered renewables, firmed-and-shaped imports, specified non-renewables, and procurements from ACSs. Insert additional rows as needed to report all procurements or generation serving the subject product. Provide the annual retail sales for the subject product in the appropriate space. At the bottom of Schedule 1, provide the retail suppliers’ other electricity end-uses that are not retail sales, such as transmission and distribution losses. Retail suppliers shall submit a purchase agreement or ownership arrangement documentation substantiating that any eligible firmed-and- shaped product for which it is claiming an exclusion was executed prior to January 1, 2019. Any retail supplier that offered multiple electricity portfolios in the prior year must submit separate Annual Reports for each portfolio offered. Version: April 2021 ACS Resource Mix Calculator GHG Emissions Factors Attestation Retail suppliers may report specified purchases from ACS system power if the ACS provided its fuel mix of its specified system mix to the Energy Commission. Use the calculator to determine the resource-specific procurement quantities, and transfer them to Schedule 1. This template provides the attestation that must be submitted with the Annual Report to the Energy Commission, stating that the information contained in the applicable schedules is correct and that the power has been sold once and only once to retail consumers. This attestation must be included in the package that is transmitted to the Energy Commission. Please provide the complete Annual Report in Excel format and the complete Annual Report with signed attestation in PDF format as well. This tab will be displayed for informational purposes only; it will not be used by reporting entities, since the emissions factors below auto-populate in the relevant fields on Schedules 1 & 3. This schedule is provided as an automated worksheet that uses the information from Schedule 1 to calculate the power content and GHG emissions intensity for each electricity portfolio. The percentages calculated on this worksheet should be used for your Power Content Label. Version: April 2021 1,109,128 986,292 122,836 - 624,828 2,967 358,497 323,228 0.2914 DIRECTLY DELIVERED RENEWABLES Facility Name Fuel Type State or Province WREGIS ID RPS ID N/A EIA ID Gross MWh Procured MWh Resold Net MWh Procured Adjusted Net MWh Procured GHG Emissions Factor (in MT CO2e/MWh) GHG Emissions (in MT CO2e)N/A Antelope DSR1 - Antelope DSR1 Solar California W5083 63125A 60186 64,245 64,245 64,245 - - RE Astoria 2 - Astoria 2 Solar California W4931 62691A 59977 58,968 58,968 58,968 - - Puente Hills Biomass & biowasCalifornia W448 60290A 10472 46,220 46,220 46,220 0.0031 141 Mesquite Solar 3, LLC Solar Arizona W4959 62897A 60308 14,285 14,285 14,285 - - Sierra Pacific Burlington - Sierra Pacific Burlington Biomass & biowasWashington W1491 60596A 56406 51,700 51,700 51,700 0.0090 465 Cabazon Wind Partners - Cabazon Wind Partners Wind California W834 60736A 56011 11,076 11,076 11,076 - - - - #N/A - - #N/A - - #N/A - - #N/A - - #N/A FIRMED-AND-SHAPED IMPORTS Facility Name Fuel Type State or Province WREGIS ID RPS ID EIA ID of REC Source EIA ID of Substitute Power Gross MWh Procured MWh Resold Net MWh Procured Adjusted Net MWh Procured GHG Emissions Factor (in MT CO2e/MWh) GHG Emissions (in MT CO2e) Eligible for Grandfathered Emissions? - - #N/A - - #N/A - - #N/A - - #N/A - - #N/A SPECIFIED NON-RENEWABLE PROCUREMENTS Facility Name Fuel Type State or Province N/A N/A N/A EIA ID Gross MWh Procured MWh Resold Net MWh Procured Adjusted Net MWh Procured GHG Emissions Factor (in MT CO2e/MWh) GHG Emissions (in MT CO2e)N/A Malburg Generating Station Natural gas California 56041 624,326 624,326 624,326 0.4320 269,691 Gonzales Natural gas California 56039 502 502 502 0.7128 358 Palo Verde Nuclear Arizona 6008 91,339 91,339 91,339 - - Hoover Large hydro Nevada 154 20,664 20,664 20,664 - - Desert Harvest 2 - Desert Harvest 2 Other California 64103 2,967 2,967 2,967 - - - - #N/A - - #N/A - - #N/A - - #N/A PROCUREMENTS FROM ASSET-CONTROLLING SUPPLIERS Facility Name Fuel Type N/A N/A N/A N/A EIA ID Gross MWh Procured MWh Resold Net MWh Procured Adjusted Net MWh Procured GHG Emissions Factor (in MT CO2e/MWh) GHG Emissions (in MT CO2e)N/A - #N/A - #N/A - #N/A - #N/A END USES OTHER THAN RETAIL SALES MWh Municipal usage (lighting, city buidings)9,514.310 GHG Emissions Intensity (in MT CO2e/MWh) Net Specified Natural Gas Net Specified Coal & Other Fossil Fuels Net Specified Nuclear, Large Hydro, Renewables, and ACS Power GHG Emissions (excludes grandfathered emissions) Retail Sales (MWh) Net Specified Procurement (MWh) Unspecified Power (MWh) Procurement to be adjusted 2020 POWER SOURCE DISCLOSURE ANNUAL REPORT SCHEDULE 1: PROCUREMENTS AND RETAIL SALES For the Year Ending December 31, 2020 City of Vernon: Vernon Public Utilities VPU General Power Mix Instructions: Enter information about power procurements underlying this electricity portfolio for which your company is filing the Annual Report. Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out. For EIA IDs for unspecified power or specified system mixes from asset-controlling suppliers, enter "unspecified", "BPA,""Powerex,",or "Tacoma" as applicable. For specified procurements of ACS power, use the ACS Procurement Calculator to calculate the resource breakdown comprising the ACS system mix. Procurements of unspecified power must not be entered as line items below; unspecified power will be calculated automatically in cell N9. Unbundled RECs must not be entered on Schedule 1; these products must be entered on Schedule 2. At the bottom portion of the schedule, provide the other electricity end-uses that are not retail sales including, but not limited to transmission and distribution losses or municipal street lighting. Amounts should be in megawatt-hours. Version: April 2021 - RETIRED UNBUNDLED RECS Facility Name Fuel Type State or Province RPS ID Total Retired (in MWh) Total Retired Unbundled RECs 2020 POWER SOURCE DISCLOSURE ANNUAL REPORT SCHEDULE 2: RETIRED UNBUNDLED RECS For the Year Ending December 31, 2020 City of Vernon: Vernon Public Utilities VPU General Power Mix INSTRUCTIONS: Enter information about retired unbundled RECs associated with this electricity portfolio. Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto- populate as needed and should not be filled out. Version: April 2021 Adjusted Net Procured (MWh) Percent of Total Retail Sales Renewable Procurements 246,494 22.2% Biomass & Biowaste 97,920 8.8% Geothermal - 0.0% Eligible Hydroelectric - 0.0% Solar 137,498 12.4% Wind 11,076 1.0% Coal - 0.0% Large Hydroelectric 20,664 1.9% Natural gas 624,828 56.3% Nuclear 91,339 8.2% Other 2,967 0.3% Unspecified Power 122,836 11.1% Total 1,109,128 100.0% 1,109,128 642 0.0% Total Retail Sales (MWh) GHG Emissions Intensity (converted to lbs CO2e/MWh) Percentage of Retail Sales Covered by Retired Unbundled RECs 2020 POWER SOURCE DISCLOSURE ANNUAL REPORT SCHEDULE 3: POWER CONTENT LABEL DATA For the Year Ending December 31, 2020 City of Vernon: Vernon Public Utilities VPU General Power Mix Instructions: No data input is needed on this schedule. Retail suppliers should use these auto-populated calculations to fill out their Power Content Labels. Version: April 2021 Net MWh Procured N/A Resource Type Resource Mix Factors Resource-Specific Procurements from ACS Biomass & biowaste - Geothermal - Eligible hydroelectric - Solar - Wind 0.00 - Coal - Large hydroelectric 0.88 - Natural gas 0.01 - Nuclear 0.01 - Other 0.04 - Unspecified Power 0.06 - Net MWh Procured N/A Resource Type Resource Mix Factors Resource-Specific Procurements from ACS Biomass & biowaste - Geothermal - Eligible hydroelectric - Solar 0.00 - Wind - Coal - Large hydroelectric 0.85 - Natural gas 0.00 - Nuclear 0.11 - Other 0.01 - Unspecified Power 0.04 - Net MWh Procured N/A Resource Type Resource Mix Factors Resource-Specific Procurements from ACS Biomass & biowaste - Geothermal - Eligible hydroelectric - Solar - Wind - Powerex ASSET CONTROLLING SUPPLIER RESOURCE MIX CALCULATOR Bonneville Power Administration Tacoma Power Instructions:Enter total net specified procurement of ACS system resources into cell A8, A23, or A38. In Column E, the calculator will determine quantities of resource-specific net procurement for entry on Schedule 1. Version: April 2021 Coal - Large hydroelectric 0.90 - Natural gas - Nuclear 0.06 - Other - Unspecified Power 0.04 - Version: April 2021 POWER SOURCE DISCLOSURE ANNUAL REPORT ATTESTATION FORM for the year ending December 31, 2020 City of Vernon: Vernon Public Utilities VPU General Power Mix I, Abraham Alemu, General Manager of Public Utilities, City of Vernon, declare under penalty of perjury, that the statements contained in this report including Schedules 1, 2, and 3 are true and correct and that I, as an authorized agent of City of Vernon, have authority to submit this report on the company's behalf. I further declare that the megawatt-hours claimed as specified purchases as shown in these Schedules were, to the best of my knowledge, sold once and only once to retail customers. Name: Abraham Alemu Representing: City of Vernon Signature: __________________________________________________________ Dated: May 27, 2021 Executed at: Vernon, CA 2O2O POWER CONTENT LABEL Vernon Public Utilities www.cityofvernon.orq 22.20/"33.1%Eleclricity Portfolio Name 2020 CA Utility Average 2.5./. 642 466 4.9o/a O.Oa/a 't2A% 1.Oo/o 11.14/o 2.7% 1.9% 03%0.2o/o 11.1%5.4% 1000 800 600 400 200 0 T I I ! Electricity Portfolio Name .2020 cA Utility Average Eligible Renewable Biomass & Biowaste Geothermal Eligible Hydroelectric Solar Wind Coal Large Hydroelectric Natural Gas Nuclear Other Unspecified Powel TOTAL 100.0% Percentage of Retail Sales Covered by Retired Unbundled RECs3:0% The eligible renewable percentage above does not reflect RpS compliance, which is determined using a different methodology. 2Unspecified power is electricity that has been purchased through open market transaclions and i not lraceable to a specific generation source. 3Renewable energy credits (RECs) are tracking instruments issued for renewable generation. Unbundled renewable energy credils (RECs) represent renewable generation that was not delivered to serve retail sales. Unbundled RECS are not reflected in the power mix or GHG emissions intensities above For specific information about this electricity portfolio, contact: Vernon Public Utilities (323) 583-8811 For general information about the Power Content Label, visit:ov/0cl/httD:i/www enerov.ca contact the California Energy Commission at: Toll-free in California: 844-454-2906 Outside California: 91 6€53-0237 For additional questions, please Energy Resources Ere Iil!a@ riigl I@ @G}AIJ_-,TZuJ-J}EJ Electricity Portfolio Name Greenhouse Gas Emissions lntensity (lbs COre/MWh) 2020 cA Power Mix 8.2% City Council Agenda Item Report Agenda Item No. COV-776-2021 Submitted by: Karina Rueda Submitting Department: Human Resources Meeting Date: September 21, 2021 SUBJECT Peace Officer Standards and Training (POST) Entry-Level Law Enforcement Test Battery Security Agreement Recommendation: Approve and authorize the Director of Human Resources to execute a one-year Security Agreement with the California Commission on POST, in substantially the same form as submitted, in order to acquire the right to use the POST Entry-Level Law Enforcement Test Battery (PELLETB). Background: The City of Vernon Police Department has requested to fill a full-time Police Officer position. As part of the recruitment process, a written examination is administered by Human Resources staff. The California Code of Regulations (Section 1951) mandates that peace officers be able to read and write at the levels necessary to perform the job of a peace officer as determined by the use of the POST Entry-Level Law Enforcement Test Battery (PELLETB), or other professionally developed and validated test of reading and writing ability. Because performance on the PELLETB is highly correlated with performance in the academy, many agencies and academies use the PELLETB as an indicator of readiness for a career in law enforcement. In order for the Human Resources Department to acquire the right to use the POST Entry-Level Law Enforcement Test Battery (PELLETB) as part of the recruitment process, the Human Resources Director must electronically execute the agreement as required by POST. POST requires that the agreement be electronically signed by the individual who oversees the recruitment and selection process. The POST Entry-Level Law Enforcement Test Battery Security Agreement has been reviewed and approved as to form by the City Attorney’s Office. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. POST Entry-Level Law Enforcement Test Battery Security Agreement Page 1 of 9 POST ENTRY-LEVEL LAW ENFORCEMENT TEST BATTERY SECURITY AGREEMENT (Rev. 2/2021) I Parties to the Agreement The parties to this Agreement are the California Commission on Peace Officer Standards and Training, hereinafter referred to as POST, and ______________________________, hereinafter referred to as the Examining Agency. The above-named Examining Agency enters into this Agreement, accepts it, and agrees to be bound by it in consideration and exchange for acquiring the right to use the POST Entry-Level Law Enforcement Test Battery. Agreements are required to be updated biennially at the beginning of the calendar year. II Purpose of the Agreement This Agreement is intended to protect the mutual interests of all public agencies that use the POST Entry-Level Law Enforcement Test Battery for screening purposes, as well as the interests of the persons who take the tests, in order that no person may gain special advantage by having improper access to the material. POST requires, as a condition for making the POST Entry-Level Law Enforcement Test Battery available, that the Examining Agency execute this Agreement and fulfill its terms. A.Required Proctor Training This agreement does not authorize the Examining Agency to administer the POST Entry-Level Law Enforcement Test Battery without POST supervision. Staff of the Examining Agency must complete POST approved training on testing procedures to receive authorization to administer the POST Entry-Level Law Enforcement Test Battery without POST supervision. III Terms and Conditions POST agrees to make available to the Examining Agency the POST Entry-Level Law Enforcement Test Battery, subject to the conditions set forth in this Agreement. POST will take appropriate and reasonable precautions to assure that all test materials are delivered to the Examining Agency in a secure manner. As a user of the POST Entry-Level Law Enforcement Test Battery, the Examining Agency agrees to the following terms and conditions: City of Vernon SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING FOR USE OF THE POST ENTRY-LEVEL LAW ENFORCEMENT TEST BATTERY Page 2 of 9 A.Security of Test Material 1.Except as otherwise specified in this Agreement, the examining agency will not allow anyone to have access to the materials unless they have a business reason to access the materials and have signed Attachment A (hereafter “authorized person”). All test materials supplied by POST will be used only for the official purposes of the Examining Agency in testing candidates for employment or admission to a POST-certified Basic Academy. Under no circumstances will the supplied materials be made available to prospective job seekers or other unauthorized persons for the purposes of study or to persons who have taken the test battery and want to review the test questions. 2.All test materials supplied by POST will be handled and stored by the Examining Agency in a manner that will prevent unauthorized persons (i.e., any person not having signed an Attachment A, Acknowledgement of the Requirement to adhere to the Terms and Conditions of The POST Entry-Level Law Enforcement Test Battery Security Agreement) from having access to the materials. 3.The Examining Agency may print a sufficient number of copies of the Entry-Level Law Enforcement Test Battery booklets to meet the current month’s need for test booklets. Examining Agencies may not print large numbers of test books and store them for future month’s use. Scantron forms, however, may be held for future use. To increase test security, POST will scramble items within test forms monthly. Thus, the test booklets and scoring key will change each month. Test Materials for tests scheduled in the first week of a month will be mailed the final week of the preceding month. Test Booklets must be given a unique identifying number so that they can be inventoried. All printing of test material will be conducted under the direct supervision of an authorized person at the examining agency. Under no circumstances shall test material be sent to any printer without the supervision of an authorized person. Test booklets must be shredded after each test use. Unused booklets must be shredded monthly. 4.If any test materials supplied by POST are lost, stolen or otherwise compromised while in the possession of the Examining Agency, the Examining Agency will immediately notify POST and will make reasonable efforts to recover such materials to prevent their distribution to other unauthorized parties and to mitigate the damage caused by their loss. See A.6 for further details. SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING FOR USE OF THE POST ENTRY-LEVEL LAW ENFORCEMENT TEST BATTERY Page 3 of 9 5.In the event an examinee is caught cheating (e.g., copying answers from another examinee’s test or providing answers to another examinee; or using any other prohibited aid or information) the Examining Agency should take appropriate measures against individuals violating testing rules. The Examining Agency will notify POST Test Orders within 24 hours of the test administration and document the incident on the Proctor’s Report. 6.The Examining Agency will reimburse POST for a portion or all the replacement costs, as determined by POST, for test materials that are lost, stolen or otherwise compromised while in the possession of the Examining Agency. Replacement costs include all costs associated with the development and validation of new test materials to take the place of those test materials that were compromised. 7.In the event any test materials supplied by POST should become involved in legal proceedings filed against the Examining Agency or its personnel, the Examining Agency shall immediately notify POST of the nature of the dispute, the case name and number, the venue of the proceeding, and shall provide copies to POST of the complaint, accusation, or other document initiating the proceeding. If discovery of the test materials is sought, the Examining Agency shall immediately notify POST of the request and shall file a motion for a protective order, strictly limiting the use and disclosure of the materials. Under no circumstances will copies of the test materials be disclosed to any party in such proceeding unless ordered by a court or administrative body of competent jurisdiction or with the consent of POST. 8.Notify POST if your agency administers the test battery on behalf of a separate local law enforcement agency. Direct any inquiries on this process to POST at testorders@post.ca.gov or 916-227-4888. B.Agency Responsibilities 1.The Examining Agency will administer the POST Entry-Level Law Enforcement Test Battery in accordance with the instructions provided by POST; and immediately following the test administration will return all answer sheets, test book control sheets, proctor report, candidate rules agreement, and master inventory sheets to: SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING FOR USE OF THE POST ENTRY-LEVEL LAW ENFORCEMENT TEST BATTERY Page 4 of 9 Commission on Peace Officer Standards and Training SCRB-Test Orders 860 Stillwater Road, Suite 100 Sacramento, CA 95605 (a)Used and unused test booklets shall be shredded immediately after a test administration if the agency is testing only once. If the agency is testing more than once in the month, the used test books should be shredded after each test and the unused test books should be shredded at the end of the month. All test books should be shredded under the supervision of the testing agency. 2.Test materials supplied to the Examining Agency will be used in accordance with relevant professional standards (e.g., Standards for Educational and Psychological Tests, American Psychological Association) and State and Federal law. 3.Test materials supplied to the Examining Agency for use on a specific date will not be re-used by the Examining Agency on another date without prior notification to POST. 4.The authorized person at the Examining Agency will designate one or more agency staff (hereinafter referred to as a “Designee”) to be authorized to receive test materials from POST. Designees cannot be student assistants or cadet personnel who work for the public safety department or academy in a paid or volunteer capacity. (a)The authorized person at the Examining Agency will require each designee to read this agreement and sign Attachment A, Acknowledgement of the requirement to adhere to the terms and conditions of The POST Entry- Level Law Enforcement Test Battery Security Agreement. (b)The authorized person at the Examining Agency will notify POST, in writing, of each designee's name, title, e-mail address, sworn status, and telephone number prior to the receipt of any test materials by listing their names on Attachment B. A revised copy of Attachment B will be sent to POST whenever the designee list changes, especially when new test proctors must be trained. (c)The authorized person at the Examining Agency will keep a signed copy of Attachment A on file for each designee and will make these signed copies of Attachment A available for inspection by POST. SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING FOR USE OF THE POST ENTRY-LEVEL LAW ENFORCEMENT TEST BATTERY Page 5 of 9 (d)Whenever one of the Examining Agency's designees leaves the Examining Agency's employment or is relieved of the responsibility for carrying out the terms of this agreement, the Examining Agency will promptly notify POST in writing by submitting a revised list of designees (Attachment B). (e)Examining Agency Authorized Person and Designees are prohibited from taking the POST Entry-Level Law Enforcement Test Battery for which they have had access to the test materials for a period of 2 years. 5.The Examining Agency will limit access to the test materials to persons from the Examining Agency who are Designees and have direct responsibility for the Examining Agency's testing function. 6.The Examining Agency will provide each candidate with a POST T-Score breakdown on Agency letterhead within 30 days of completion of the examination. The results letter must also contain the test date, candidates first and last name along with their complete mailing address. 7.Before an examinee can retest, he/she must wait for a period of 30 calendar days. The Examining Agency will need to notify all examinees of the waiting period. POST will not score an exam submitted for any individual who has tested within 30 days. 8.The Examining Agency will retain the examinee’s identification card (e.g. license, passport) for the duration of the exam. Identification cards should be returned to examinees at the end of the exam once all materials have been inspected. 9.All candidates are required to read and sign a candidate code of conduct document prior to each test administration. Refusal to sign and follow the agreement will result in the candidate not being able to take the test or to see any test questions. C.Scoring/Retention/Review of Test Materials POST will provide the Examining Agency with a report of test results for each test administration. If requested by the Examining Agency in writing, POST will retain answer sheets for such reasonable time as the Examining Agency's rules may prescribe. Keyed copies of the tests will not be made available for inspection, nor will candidates be allowed to review any test at any time. SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING FOR USE OF THE POST ENTRY-LEVEL LAW ENFORCEMENT TEST BATTERY Page 6 of 9 D.Exceptions Any exception to this Agreement must be stated in writing and agreed to by both parties before such exception may be in effect. E.Termination of Agreement If officials of the Examining Agency should, in the future, find that they are no longer able to assure fulfillment of the Agreement, the signer or other official will promptly notify POST to that effect in writing, and upon request, the Examining Agency will return all testing materials obtained from POST. POST reserves the right to terminate this Agreement, or to withhold access to its testing materials, if it has reason to believe that the terms of the Agreement are not being fulfilled. SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING FOR USE OF THE POST ENTRY-LEVEL LAW ENFORCEMENT TEST BATTERY Page 7 of 9 IV Acceptance of Terms and Conditions of this Agreement On behalf of the Agency I represent, I accept the terms and conditions of this agreement and agree to comply with them. By signing, I understand that I am accepting responsibility for any test related actions on behalf of all Agency Representatives. EXAMINING AGENCY NAME __________________________________ TITLE _______________________ (Please Print) AGENCY ______________________________________________________________ STREET ADDRESS _____________________________________________________ CITY/STATE/ZIP __________________________ PHONE ( ) _______________ EMAIL ADDRESS ______________________________________________________ DATE _______________ SIGNATURE ____________________________________ COMMISSION ON POST NAME Tammura Brown TITLE Sr. Personnel Selection Consultant ADDRESS 860 Stillwater Road, Suite 100__________________________________ CITY/STATE/ZIP West Sacramento, CA 95605 DATE _______________ SIGNATURE ____________________________________ PELLETB Revised 2/2021 Michael A. Earl Director of Human Resources City of Vernon 4305 S Santa Fe Avenue Vernon, CA 90058 323 583-8811, ext. 239 mearl@ci.vernon.ca.us SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING FOR USE OF THE POST ENTRY-LEVEL LAW ENFORCEMENT TEST BATTERY Page 8 of 9 ATTACHMENT A ACKNOWLEDGEMENT OF THE REQUIREMENT TO ADHERE TO THE TERMS AND CONDITIONS OF THE POST ENTRY-LEVEL LAW ENFORCEMENT TEST BATTERY SECURITY AGREEMENT (To be retained on File at the Examining Agency) I have been provided with a copy of the POST Entry-Level Law Enforcement Test Battery Security Agreement with the California Commission on Peace Officer Standards and Training. I have read and understand the terms and conditions of this agreement, and I agree to carry out my duties and responsibilities in accordance with all applicable provisions. I understand that I cannot take the PELLETB for a period of two years from the date I signed this acknowledgement. NAME ______________________________________________________________________ (Please Print) TITLE ______________________________________________________________________ AGENCY ________________________________________________________________ STREET ADDRESS ________________________________________________________ CITY/STATE/ZIP __________________________________________________________ TELEPHONE (__ )_____________________________________________ EMAIL ADDRESS ________________________________________________________ SIGNATURE ________________________________________________________ DATE ________________________________________________________________ PELLETB Revised 2/2021 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING FOR USE OF THE POST ENTRY-LEVEL LAW ENFORCEMENT TEST BATTERY Page 9 of 9 ATTACHMENT B DESIGNEE LIST I, _____________________________ (Authorized person), designate the individuals listed below to be POST designees for ___________________________ (Examining Agency). A designee is anyone that will handle POST test material. I acknowledge that the individuals listed below and myself have all read the POST security agreement, signed Attachment A and will adhere to the terms as presented to maintain the integrity and security of POST’s testing materials. (Please Print) Name Job Title Phone number Email address Test Coordinator/ Primary Contact Y/N? SIGNATURE __________________________________ DATE _______________ PELLETB Revised 2/2021 Michael A. Earl City of Vernon SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING FOR USE OF THE POST ENTRY-LEVEL LAW ENFORCEMENT TEST BATTERY City Council Agenda Item Report Agenda Item No. COV-778-2021 Submitted by: Karina Rueda Submitting Department: Human Resources Meeting Date: September 21, 2021 SUBJECT Services Agreement with Alliant Insurance Services, Inc. Recommendation: Approve and authorize the City Administrator to execute a three-year services agreement with Alliant Insurance Services, Inc. (Alliant), in substantially the same form as submitted, to perform professional Health Benefits Brokerage and Consulting Services, effective October 1, 2021 through September 30, 2024, for a total not to exceed $222,000 ($74,000 per year) over the three-year term. Background: The Human Resources Department utilizes the services of a professional Health Benefits Brokerage and Consulting firm to provide health benefit consulting services and to assist with the acquisition, implementation, maintenance, communication, and improvement of employee and retiree health and welfare benefits. In accordance with Vernon Municipal Code (VMC) Section 2.17.07 and in order to select an appropriate firm to provide the aforementioned services, the Human Resources Department issued a Request for Proposal (RFP) on June 28, 2021 for Health Benefits Brokerage and Consulting Services with a submission deadline of July 13, 2021. Pursuant to VMC Section 2.17.15 which requires notice be provided to at least five potential vendors, the RFP notification was sent to ten (10) brokerage firms likely to qualify to submit a proposal. Further outreach was conducted by advertising the RFP on the City’s website and on the Public Agency Risk Management Association’s (PARMA) website. As a result of these outreach efforts, six (6) responses to the RFP were received. A committee comprised of five (5) City staff members from a cross section of management, supervisory, analytical, and human resources staff, conducted an initial review of the proposals submitted and three (3) firms were invited to further participate in the selection process which included a presentation and interview before the committee. The three (3) firms provided very competitive proposals; however, Alliant, consistently ranked the highest among committee members. Alliant is a recognized leader in the public agency arena, with over 1,000 public entity clients, representing over 300 cities. They are California’s largest public entity brokerage firm. Nationally, they are represented by a staff of nearly 4,700 employees and rank as the 10th largest Employee Benefits firm in the United States. Their experience in leveraging their size and expertise in the insurance market has helped their public sector clients, including the City of Vernon, realize cost reductions with long-term stability. It is recommended that City Council approve and authorize the City Administrator to execute the proposed Services Agreement with Alliant for Health Benefits Brokerage and Consulting Services. The proposed agreement has been reviewed and approved as to form by the City Attorney’s Office. Fiscal Impact: The total not-to-exceed value of the proposed services agreement with Alliant is $222,000 for a three-year term. Adequate funds have been included in the 2021-2022 fiscal year budget and will be subsequently budgeted for the remainder of the agreement term. Attachments: 1. Alliant Insurance Services, Inc. Services Agreement Page 1 of 17 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND ALLIANT INSURANCE SERVICES, INC., FOR HEALTH BENEFITS BROKERAGE AND CONSULTING SERVICES COVER PAGE Contractor: Alliant Insurance Services, Inc. Responsible Principal of Contractor: Patricia Moore, First Vice President Notice Information - Contractor: Alliant Insurance Services, Inc. 333 South Hope Street, 36th Floor Los Angeles, California 90071 Attention: Patricia Moore, First Vice President Telephone: (213) 270-0978 Email: Patricia.Moore@alliant.com Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Michael A. Earl, Director of Human Resources Telephone: (323) 583-8811 ext. 239 Email: mearl@ci.vernon.ca.us Commencement Date: October 1, 2021 Termination Date: September 30, 2024 Consideration: Total not to exceed $222,000.00 (includes all applicable sales tax); and more particularly described in Exhibit B Records Retention Period Three (3) years, pursuant to Section 11.20 Page 2 of 17 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND ALLIANT INSURANCE SERVICES, INC., FOR HEALTH BENEFITS BROKERAGE AND CONSULTING SERVICES This Agreement is made between the City of Vernon ("City"), a California charter City and California municipal corporation (“City”), and Alliant Insurance Services, Inc., a Delaware 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 September 21, 2021. 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 June 28, 2021, and titled Health Benefits Brokerage and Consulting Services, and Contractor's proposal to the City ("Proposal") dated July 13, 2021, Exhibit “A”, a copy which is attached to and incorporated into this Agreement 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 Agreement. 3.2 Contractor shall not subcontract any services to be performed by it under this Agreement without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 4.0 TERM. The term of this Agreement shall commence on October 1, 2021, and it shall continue until September 30, 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 Page 3 of 17 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 Agreement, shall not exceed $222,000.00 without the prior authorization of the City, as appropriate, and written amendment of this Agreement. 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 Agreement. Materials shall be of the highest quality. The above Agreement fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 5.4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor: 5.4.1 The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. 5.4.2 Approved reproduction charges. 5.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 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 Page 4 of 17 interest, which may be imposed by law and which arise from or are necessary for the performance of the Services by this Agreement. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month. 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 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 Page 5 of 17 claims or liabilities arise from the gross negligence or willful misconduct of City, its officers, elected officials, agents or employees. 10.0 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. i. Automobile Liability with minimum limits of at least $1,000,000 combined single limit, including owned, hired, and non-owned liability coverage. ii. Contractor agrees to subrogate automobile liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services. iii. General Liability with minimum limits of at least $1,000,000 per occurrence and $2,000,000 aggregate written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Contract. (1) If Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. (2) Contractor agrees to subrogate General Liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services. iv. Professional Errors and Omissions coverage in a sum of at least $1,000,000, Page 6 of 17 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 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 Page 7 of 17 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 Agreement, or any applicable statute, rule, or regulation. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. City assumes no liability for Contractor’s actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, subcontractors and independent contractors, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 11.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 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 Agreement. Contractor may make duplicate Page 8 of 17 copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 11.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy, or incompleteness. 11.5 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 11.6 WAIVER. The City's waiver of any term, condition, breach, or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 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 executed by a duly authorized representative of the party against whom enforcement of a waiver is sought. 11.7 SUCCESSORS. This Agreement 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 Agreement 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 Agreement. 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. Violation of any law Page 9 of 17 material to performance of this Agreement shall entitle the City to terminate the Agreement and otherwise pursue its remedies. Further, if the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations Contractor shall be solely responsible for all costs arising therefrom. 11.10 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled. 11.11 INTERPRETATION. 11.11.1 Applicable Law. This Agreement shall be deemed an agreement 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 Agreement, 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 Agreement may only be changed by written amendment executed 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 Agreement shall be of no force or effect. 11.11.4 Severability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement. 11.11.5 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Agreement shall strictly prevail. The terms of the City’s Request for Proposals shall control over the Contractor’s Proposal. 11.11.6 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 Page 10 of 17 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 agreement 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 Agreement, and its execution of this Agreement 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 Agreement, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 11.15 NOTICES. Any notice or demand to be given by one party to the other must be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City: City of Vernon Attention: Michael A. Earl, Director of Human Resources 4305 Santa Fe Avenue Vernon, CA 90058 If to the Contractor: Alliant Insurance Services, Inc Attention: Patricia Moore, First Vice President 333 South Hope Street, 36th Floor Los Angeles, California 90071 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. Page 11 of 17 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 Agreement 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 Agreement 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 Agreement by written notice to the defaulting party. The notice shall specify the basis for the default. The Agreement shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. In case of default by Contractor, the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional costs incurred due to delay or default as a result of Force Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Agreement as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Agreement. 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 Agreement, 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 Page 12 of 17 shall be required to provide such document and other information within fifteen (15) days of the request. 11.19.1 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 11.20 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Agreement and/or is paying only the amounts to which Contractor is properly entitled under the Agreement or for other purposes relating to the Agreement. The Contractor shall maintain and preserve all such records for a period of at least three (3) years after termination of the Agreement. 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 Page 13 of 17 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 Agreement, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit “C”. [Signatures Begin on Next Page]. Page 14 of 17 IN WITNESS WHEREOF, the Parties have executed 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 R. Fandino, Jr. City Administrator Alliant Insurance Services, Inc., a Delaware corporation By: Name: Michael Menzia Title: Executive Vice President ATTEST: _______________________________ Lisa Pope, City Clerk By: Name: Patricia Moore Title: First Vice President APPROVED AS TO FORM: _______________________________ Zaynah N. Moussa, Interim City Attorney Page 15 of 17 EXHIBIT A CONTRACTOR'S PROPOSAL © 2021 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 1 Alliant Employee Benefits Health Benefits Brokerage and Consulting Services City of Vernon July 13, 2021 © 2021 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 2 Cover Letter 7/13/2021 City of Vernon Karina Rueda, Human Resources Analyst 4305 Santa Fe Avenue Vernon, CA 90058 Dear Karina, Thank you for providing Alliant the opportunity to respond to the City’s Request for Proposal. We are excited about the prospect of continuing to work with the City in the capacity of Employee Benefit Broker/Consultant and believe that our depth of resources will provide your staff with a level of support that goes well beyond the traditional Benefit Consultant’s role. Proven Track Record Alliant is one of the top 10 largest commercial insurance brokerage and consulting firms in the United States and has a long history dating back to 1925. We provide a full spectrum of employee benefit consulting, insurance brokerage services and risk management services to over 27,000 employers nationwide. Since our founding, our consulting practice has experienced unparalleled growth without compromising our identity. We take a proactive, strategic approach in working with our clients. This allows us to identify trends, both industry-wide and within your individual programs, and provide you with the tools to successfully navigate through the ever changing healthcare environment. We ensure you we are educated and well equipped to anticipate change rather than react or be left with little choice. Public entity expertise We have over 1,000 public entity clients, including many cities, counties, special districts, community college districts, and K-12 public schools, either as direct, individual clients or as clients through our relationship with them as members of Joint Powers Authorities. Alliant’s expertise in the public entity sector is unmatched by any other organization in our proven track record and consistent effort to raise the bar for our clients. We continuously work to develop plans and products to help public agencies reduce costs, provide services and maintain benefits. Dedicated Service Team If selected, the City will continue to be assigned to one of our most experienced dedicated © 2021 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 3 service teams comprised of professionals with a diverse background and proven performance track record. The attached proposal clearly outlines your Alliant team of resources, as well as the area of expertise of each team member. Each member has extensive experience working with various benefit plan options. At Alliant, we strive to provide a level of consulting and service support that exceeds your expectations, which we believe has been proven during our partnership with the City over the past 8 years. In the end, our goal is to maintain our existing relationship with you and your staff and continue a successful, long-term partnership. We attest that all of the information submitted with the proposal is true and correct. We appreciate the opportunity to respond to this RFP and are confident we will exceed your expectations and requirements. If you have any questions, please feel free to contact us at the address below. The proposal shall remain valid for a period of not less than ninety (90) days from the date of submittal. Sincerely, Pat Moore First Vice President Alliant Employee Benefits 333 S. Hope Street, 36th Floor Los Angeles, CA 90071 (818) 606-9315 Patricia.Moore@alliant.com © 2021 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 4 Table of Contents Cover Letter .................................................................................................................................... 2 Section I – Introduction ................................................................................................................ 5 Section II – General Scope of Work ................................................................................................ 7 Section III – Work Plan ................................................................................................................ 13 Section IV – Fees and Costs ........................................................................................................ 16 Section V - Ability of the Proposer to Perform .......................................................................... 18 Section VI - Affidavit of Non Collusion ......................................................................................... 21 Exhibits 1.Alliant’s Partial Public Entity Listing 2.Sample Benchmarking Report 3.City of Vernon 2021 OE Brochure 4.Sample Compliance Materials 5.Sample Wellness Newsletter 6.Alliant Team Bios © 2017 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 5 Section I – Introduction Alliant is uniquely qualified to meet the needs of the City of Vernon’s Employee Benefits Program. As a large firm and your existing Employee Benefits Consultant, we’ve been able to provide many resources while still being able to offer hands-on, specialized service. We are a national firm but have a local presence in the Los Angeles area. Our consulting and technical experience coupled with our market leverage and health risk management knowledge, will allow us to lower costs over the long term and provide the City of Vernon with a customer service experience that is second to none. Alliant is one of the nation’s leading distributors of diversified insurance products and services, ranking as the 10th largest Employee Benefits firm in the United States with over 130 offices throughout the United States and nearly 4,700 associates nationally. With regard to Employee Benefits specifically, our firm employs approximately 1,000 associates. The company provides its diverse clientele with a comprehensive portfolio of services including Employee Benefits, Commercial Insurance, and Specialty Insurance Programs. PUBLIC ENTITY EXPERIENCE Alliant Insurance Services, Inc. is the largest public entity brokerage firm in California and brings to the City the experience gained from working with many of California’s public entities. We have more than 1,000 public entity clients, including many cities, counties, special districts, community college districts, and K-12 public schools, either as individual clients and/or as clients through our relationship with joint powers authorities (JPAs). Our extensive public entity client list keeps us focused in a proactive manner on solving issues that are unique to public entities. Our public sector clients in California include:  55 of the 58 California Counties  Over 300 Cities  Over 300 School Districts  Over 200 Special Districts  Over 100 Hospitals Please see Exhibit 1 for a Partial Alliant Public Entity Client List. Alliant is uniquely qualified to serve as your benefits broker and consultant. Our focus, experience and expertise allow us to help you achieve:  Cost Management and Stability: Representing and negotiating on behalf of customers Present introduction of the proposal and your understanding of the assignment and significant steps, methods and procedures to be employed by the proposer to ensure quality deliverables that can be delivered within the required time frames and your identified budget. © 2017 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 6 with over $20 billion in annual premium has allowed us to develop a very strong position with insurance carriers. Alliant’s negotiating power provides you and your employees with cost saving opportunities.  Unique and Customized Public, Sector Insurance Programs: At Alliant, we leverage our size and expertise in the public sector to create exclusive programs that are designed specifically for cities, special districts, schools, and counties. Because of the size, economies of scale, and specialized nature of these programs, public agencies and their employees are able to take advantage of lower costs, unique benefit and program features, stability in pricing, while maintaining autonomy in the design of case specific plan components. SISC is an example of one of these programs.  Access to Quality Care and Meaningful Choice: We understand that quality has different meanings for different people. Alliant has created an insurance carrier evaluation tool that outlines the key variables to be considered when selecting a health insurance carrier, i.e. benefits, network, cost, and quality. This tool is customized for each client and provides meaningful information about the plan components that are most important to you and your employees.  Administrative Suite of Services: Alliant has identified critical services and support resources to reduce the soft dollar costs of administering employee benefit programs. Our services are designed to provide efficiencies by simplifying your daily administrative processes.  Custom Communications: Communication is a critical component of managing employee benefit programs and can dramatically impact the employee’s perceived value and satisfaction with the benefits plan. Alliant has a full range of capabilities related to the communication and education of public agencies, their employees and retirees. Our approach is very client specific and can include a variety of different mediums including hard copy, electronic, intranet, posters/flyers, and face-to-face seminars/meetings.  Underwriting and Actuarial Support and Analysis: Alliant’s full-time actuarial and underwriting team is involved on an ongoing basis including; pre-renewal planning and strategies, developing future cost projections, plan design pricing estimates, creating customized claim, utilization, clinical and financial reports, actuarial and consulting support, and renewal analysis and negotiation.  Compliance and Regulatory Support: Alliant retains a health and welfare attorney dedicated to educating and supporting our consultant staff and provides updates on new developments, legislation, regulations, and practices that affect proper employee benefit plan administration, especially in regard to Healthcare Reform.  Expert Representation at Benefit Committee Meetings: Our experience in the public sector arena allows us to better serve you and to provide expert representation at your various meetings including regular benefit committee meetings. We understand the issues related to aligning multiple constituents, negotiating with unions, preserving benefits, and managing costs and contributions. © 2017 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 7 Section II – General Scope of Work Alliant has, in collaboration with the City’s committee, developed a long-term employee benefits strategy aligned with the City’s goal of maintaining quality programs and containing costs. We understand the City’s current challenges, labor-management relations, budget constraints and current benefit program and have recommended a strategy that suits the needs of the City and its employees. Since 2013, when Alliant was awarded Broker of Record for the City of Vernon, we have saved the City $2,262,405 in medical premium increases. In 2020, Alliant was able to negotiate the renewal from 2.3% down to a rate pass for a savings of $115,000 and in 2021, Alliant negotiated the renewal from 3% to a negative -1.5% for a savings of $212,000. We take a proactive, thoughtful, data-driven approach in working with our clients. This allows us to identify trends, both industry-wide and within your individual programs, and provide you with the tools to successfully navigate through the ever-changing health care environment. We ensure that you are educated and well-equipped to anticipate change rather than react or be left with little choice. In order to formulate and implement goals, we follow an annual work plan which is comprised of eight stages:  Stage 1 – Strategic Planning  Stage 2 – Reporting & Benchmarking  Stage 3 – Pre-Renewal Strategy  Stage 4 – Procurement, Analysis, & Negotiation  Stage 5 – Recommendation & Implementation  Stage 6 – Communication & Education  Stage 7 – Compliance and Contract Review  Stage 8 – Program Monitoring & Vendor Management Stage 1 – Strategic Planning Alliant takes a very systematic approach when consulting with clients on current plan offerings and making any recommendations to alter programs to be more cost effective. Due to our vast experience in the healthcare sector, we understand the need to reduce cost with minimal benefit changes. This requires Alliant to be more creative in reducing costs while maintaining benefits and we feel this differentiates us from other consultants. In order for Alliant to perform a comprehensive review of the existing Benefit Plans, we will need a clear understanding of the City’s objectives and thorough knowledge of the current situation. Briefly summarize the scope of work as the proposer perceives or envisions it for each Service Area proposed. © 2017 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 8 This review will allow us to gain a complete understanding of the City’s benefit plans, contract provisions, and plan performance. Based on our findings, we will work with the City to develop our annual goals and objectives to guide us through the annual work plan. Stage 2 – Reporting & Benchmarking Clear and concise reporting is essential to understanding the components and cost indicators that drive the performance of your benefit plans. Although detailed claim experience information for the city is not available due to size and funding method, Alliant is able to obtain annual large claim info through the Shield concierge program which provides some visibility and insight into the large claims incurred at the city. In addition, we also provide the City with customized benchmarking information including a demographic analysis, medical enrollment changes and renewal history benchmarked to trend. With our extensive public entity client base, we are able to provide the City with pertinent information regarding industry trends and comparative cost data. Alliant compares the City’s current benefit plans, premium costs and cost sharing strategy with that of our benchmark data. After our benchmark review, we deliver the results of our findings and may suggest additional changes or enhancements that will have a positive effect on plan performance and utilization behaviors. We work closely with the City to evaluate both industry specific benchmark data, as well as best in class data regardless of industry. See Exhibit 2 for a sample benchmarking report. Stage 3 – Pre-Renewal Strategy We begin the renewal process roughly 6 months prior to the effective date with our preliminary renewal meeting so that we understand the City’s budget requirements, expected growth and other anticipated needs. At the pre-renewal meeting, we will provide market trends analysis by plan, introduce new product innovation, review insurance carrier performance, identify areas of cost containment and provide renewal estimates and large claims analysis. This strategy provides us with ample time to evaluate options, secure the most favorable contractual terms, and to provide scenarios that meet budget guidelines. Stage 4 – Procurement, Analysis, & Negotiation As part of the renewal process, Alliant will provide analysis and tools to help the City understand alternative plan design and cost reduction options for each line of coverage and how potential changes will affect overall premium and employee out-of-pocket costs. Some of the analysis and decision-making tools that Alliant provides include evaluation and renewal negotiation and analysis of funding options, benefit plan design options and cost impact, and alternative cost control approaches. Alliant will ensure the analysis is presented in a clear and concise report including side by side comparisons of the plans and carriers. © 2017 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 9 Our team will represent the City in all renewal negotiations with insurance providers, third party administrators, networks, vendors, etc. Alliant’s current book of business has an annual premium equivalency of over $20 billion, which allows us to leverage and negotiate from a very strong position with the carriers. Our Underwriting unit will play a key role in the negotiation of renewal premiums and plan design options. Alliant understands that while changing carriers is undesirable for employees, it is periodically necessary to market lines of coverage to other insurance carriers to ensure the City is receiving the most cost effective and comprehensive coverage available. When needed, Alliant evaluates vendor services through an RFP and due diligence process designed to draw out the best quality services and cost proposals for our clients. Regardless of the service (Medical, Benefit Administration, Online Eligibility, COBRA, etc.), Alliant will ensure that all vendors are competing on a level playing field through comprehensive RFPs that delineate required services. The Alliant team will evaluate many variables in the renewal and marketing process. Stage 5 – Recommendation & Implementation Once we have finalized renewal negotiations and narrowed the field of potential carriers or potential plan opportunities based on initial cost, benefit and network analysis, we provide several additional decision making tools to assist the City in its evaluation such as carrier interviews, performance guarantees and rate caps. Implementation of goals and strategies will be coordinated between the City, Alliant and vendors in order to achieve the best results. Alliant will frequently communicate with the City to ensure milestones are achieved in a timely manner. Alliant has developed an implementation process that will enable clients to measure each step of the process. Open Enrollment: In addition, Alliant will continue to be actively involved in the City’s annual open enrollment. We assist in planning, facilitating, and conducting any required open enrollment meetings onsite or using a recorded webinar. We will also assist in designing, creating and reviewing communication materials as needed. We will coordinate the request for insurance carrier materials and attendance at meetings when required. We recommend starting the open enrollment process as early as possible. Alliant’s experienced service team will work with the City to create a timeline of activities leading up to open enrollment with key milestones highlighted as well as shared responsibilities. Stage 6 – Communication & Education We believe that effective communications are essential to a fully functioning benefits program. Alliant has a standard employee communication package that includes a full spectrum of open enrollment resources, as described below. This proprietary program, Alliant CampaignBuilderTM, enables customization of your open enrollment materials to match your company’s brand, culture, and benefits theme. Core materials include:  Benefits Summary – A simple design and standard text that can be customized for various employee groups/locations. The benefits summary includes key benefit plan © 2017 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 10 information and required compliance notices, and can also incorporate optional health literacy content. This brochure may be distributed as a PDF, online flipbook, and/or printed and distributed. Please see Exhibit 3 for the 2021 OE Brochure.  Open Enrollment Email Announcements – We prepare a series of emails leading up to open enrollment, communicating benefit changes, employee action steps, meeting schedules, other communications materials, and anything else that employees need to know to complete enrollment.  Open Enrollment Presentation – For your open enrollment meetings, we prepare an engaging open enrollment presentation summarizing the benefit changes for the coming year and highlighting any benefits that you want employees to focus on. If you would like to record your presentation, we use the Brainshark platform that enables either your Alliant team, one of your Benefits/HR staff or a professional voiceover artist to bring your presentation to life. Employees can access the presentation from any computer or mobile device, regardless of platform.  Educational Videos – Short, engaging videos help employees grasp benefits concepts such as key insurance terms; features of and differences between HDHP, HMO and PPO plans; primary care vs. urgent care vs. ER; and prescription drug coverage and cost saving tips. These videos are available at no cost. Several topics are available in both English and Spanish. In addition to the open enrollment resources listed above, Alliant can provide supplemental communications to help your employees engage with their benefits program year-round. These include materials from our CampaignBuilder™ library and tools from our strategic vendor partners.  New Hire/Recruiting Summary  Prescription Drug Education  Health Fair Materials  Virtual Health Fairs  FSA Reminders  Video Postcard Enrollment Announcements  Decision Support Tools MyBenefits.Life™ Benefits Portal and Smartphone Application MyBenefits.Life, your new go-to resource, provides the City employees (and their families) with benefits information from one convenient spot instead of through each individual service provider you contract with. Whether their preferred method is via computer, tablet or smart phone (iOS or Android), or via a phone call with one of our benefit advocates — access to information is simple and effortless. MyBenefits.Life makes communicating benefits and related HR-information easy for you through broad messaging and custom web pages. Use it as your HR portal to provide information about updates or changes to benefits, perks or open enrollment, tips for new © 2017 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 11 hires, and more. It’s an effective solution that helps your employees increase their understanding and usage of the benefits offered at the City. MyBenefits.Life makes getting the information they want uncomplicated. Whether they’re at home or on-the-go, they get immediate access to benefit plan details, plan contacts, important documents, announcements and enrollment information, educational tools (informative articles, videos, glossary, etc.) Please visit https://vimeo.com/379896362 for a quick video. You can also access a demo site by going to tech20.mybenefits.life and entering Employer Key: tech20. Health Fairs: We know the City has also held health fairs in conjunction with open enrollment. Alliant believes annual health and safety fairs are a fundamental part of any group healthcare strategy. The City's dedicated service team will be happy to assist with planning the event, securing vendors, and selecting among the numerous screening services, educational demonstrations and exhibits that are available for health fairs. City Staff Education In addition to employee-focused education, Alliant also provides live and/or web-interactive access to educational events specifically designed to provide guidance to City staff. On at least a quarterly basis, our compliance team hosts periodic compliance webinars focused on relevant topics (CLE-credit available) and our Alliant Academy Learning Series is hosted by experts focused on emerging trends in the Healthcare market. Finally, PRISM hosts an annual Healthcare Symposium for its members with several locations/dates across the state. Stage 7 – Compliance and Contract Review Alliant provides proactive, efficient, and client-tailored employee benefits compliance support through our in-house Compliance department. There is no additional fee to work with our compliance advisors. The team is staffed by experienced attorneys and benefits professionals exclusively dedicated to reviewing, researching, and problem-solving the employee benefits compliance needs of Alliant clients, including issues arising under Healthcare Reform, ERISA, COBRA, HIPAA, Cafeteria Plans, Medicare, as well as compliance issues particular to non-profit sector. Our Employee Benefits Compliance department works closely with the employee benefits service teams to understand not only your plan design and population, but also your business objectives, culture, and risk tolerance, which facilitates proactive and meaningful compliance support. Our Compliance department remains current with federal and state regulatory agencies, including the Internal Revenue Service (IRS), the Department of Labor (DOL), the Department of Health and Human Services (HHS), and the Centers for Medicare and Medicaid Services (CMS). Please see Exhibit 4 for Sample Compliance Communications. Our national compliance department is staffed by experienced attorneys and benefits professionals exclusively dedicated to reviewing, researching, and problem-solving the employee benefits compliance needs of Alliant clients. Our Alliant compliance counsel are © 2017 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 12 highly engaged and interact frequently with our account teams to work through challenges around client-specific situations. They’re also available to work with you directly for complex and specific matters. Contract Review Alliant will act as a liaison between the City and all insurance carriers and third-party vendors. As part of our annual work plan that we develop for the City, Alliant will conduct a thorough review of the contracts to ensure that rates, benefits and provisions match what was agreed upon at renewal. We will work closely with the City and vendors to coordinate implementation timelines and ensure milestones are achieved in a timely manner. In the event that the errors are discovered in the contracts, Alliant will work with the insurance carrier to have contracts corrected. At the end of this process, Alliant will deliver both electronic and hard copies of the contracts. Stage 8 – Program Monitoring & Vendor Management We understand the importance of an ongoing review of The City’ benefits program. In order to maintain the integrity of the program, it is imperative that we ensure that the benefit plans and provisions are operating in line with your expectations. In order to achieve this, we will provide ongoing support with plan document review, vendor management, claims and eligibility assistance and resolution including benefit advocacy, and legislative updates and compliance. Alliant will work with The City in developing, negotiating, and implementing performance standards and guarantees for benefit plan providers. For carriers that have agreed to performance standards for items such as customer service (call abandonment rates and average phone hold times), claims payment (turnaround time and financial accuracy), and implementation (claims system readiness and ID card release), we will monitor the results of each measurement on a monthly basis using reports provided by the carriers. As part of this evaluation, we will advise The City as to each vendor’s performance versus the goals and will work with vendors to improve processes in those areas that fall short of expected results. Additionally, we would perform a claims operation audit of each carrier to validate the self-reported results and ensure that claims are being processed in accordance with negotiated plan provisions. © 2017 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 13 Section III – Work Plan Alliant understands the needs and issues that public entities face on a daily basis. Our team of professionals is dedicated to serving the needs of public entities, and each team member is educated and trained in various specialties, including group underwriting, claims and billing resolution, legislative compliance, contract review, strategic planning, labor management consensus, online enrollment strategies, and custom communications. Alliant provides these resources so that we may be an extension of our clients Benefits Departments. Annual Work Plan Once we have developed the strategic plan for the City, we will break the first year objectives down into tangible milestones which will be built into an Annual Work Plan. This custom management plan will consist of various stages with clearly defined time lines and will be evaluated each year to ensure it is consistent with the long term goals and changing needs of the City. For example: DEVELOP COST-SAVING RECOMMENDATIONS Alliant leverages our size and expertise in the public sector to create exclusive programs specifically for special districts, schools, cities, and counties. These programs provide cost savings, while matching current benefits and providing greater long term stability. We understand that each of our clients is unique and there is no solution that works for everyone. Our strategy is to provide an independent consulting approach and present both joint purchasing program options, as well as options that are available in the market and let our client’s determine which solution is a better fit for their needs and employee and retiree population. The following are possible benefit strategies for the City: Pooled Purchasing Options We work with a number of JPAs throughout the country to develop exclusive pooled purchasing benefit programs that are designed specifically for public agencies and their unique characteristics. These programs leverage volume to provide cost savings and greater long term stability through risk sharing. Our strategy is to provide an independent consulting approach and present both available program solutions as well as options that are available in the market. A few examples of our public sector programs include: life insurance, disability, medical, dental, vision, EAP, and stop loss programs. Below are some of the programs that may be of interest to the City: PRISM (formerly CSAC EIA) Benefit Programs The Public Risk Insurance Solutions Management (PRISM) is a member directed joint powers authority (JPA) comprised of California public agencies dedicated to controlling losses and Present concepts for conducting the work plan and interrelationships of all projects. Define the scope of each task including the depth and scope of analysis or research proposed. © 2017 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 14 providing risk management and employee benefit solutions. PRISM’s membership has expanded to include 94% of California Counties, 60% of California Cities and several other public districts California Public Agencies (Superior Courts, Special Districts and other Joint Powers Authorities). PRISM Benefit Programs leverage volume to offer lower administrative fees, reduced carrier profit margin and risk sharing to create more stable renewals; the result is lower costs and greater long term stability for PRISM program members. Through Alliant, the City has access to PRISM Benefit Programs including medical, dental, life, disability, vision and EAP. Note that access to PRISM Benefit programs is exclusively through Alliant, other Brokers may not access PRISM Benefit Programs. Alternative Funding Expertise At Alliant, we are experts in alternative funding arrangements. We have a dedicated technical underwriting unit staffed with seasoned underwriters and actuaries that all possess previous carrier underwriting backgrounds and experience and knowledge of fully insured, minimum premium/participating contracts and self-funded options. This unit plays a key role in evaluating alternative funding options for clients and providing day-to-day support to our consultants as it pertains to claims/utilization analysis, renewal evaluation/negotiation, reserve calculations, and claims projections for our clients. We can help the City evaluate alternative funding options that can reduce cost without reducing benefits for employees. Improve Retiree Medical Benefit Offering and Reduce Administrative Workload As more employees retiree, they are faced with expensive group retiree medical premiums and limited options if they move out of state. More employers are considering replacing traditional group plans with individual plans for their Medicare retirees. Alliant can provide the City with an option that will provide multiple Individual Medicare products and plan design options for retirees at significant discounts to the group Medicare premiums. Additionally, this option can include retiree reimbursement accounts, retiree billing and premium collection, communication and enrollment services. The end result is less administrative work for the City and more cost effective options for retirees. Alliant’s Retirement Consulting practice currently services approximately 500 clients with over $10 billion in assets under management. Each retirement client has access to a dedicated staff to assist with matters related to investment strategy, client service, and compliance matters. We offer a comprehensive due diligence process to ensure that clients are meeting fiduciary obligations. Our core services fall under 3 main categories; Fiduciary Liability Reinforcement, Investment Services, and Vendor Search & Benchmarking. Health & Productivity/Wellness Consulting As healthcare costs continue to escalate, it is increasingly important for employers to develop long term healthcare strategies that will improve quality, reduce costs, and better support participants’ needs. Wellness Programs also have value in increasing overall employee © 2017 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 15 engagement. Many clients also enjoy the benefits that Wellness Programs provide related to being viewed as an employer of choice that cares deeply about their associates and their families. We have found that well-constructed Wellness and Disease Management Programs positively impact employee roles in managing their health, healthcare utilization, and ultimately plan costs. Clients that establish reporting packages to identify medical claim utilization as well as pharmacy data, can structure Disease Management Strategies to successfully reduce costs. Alliant Employee Benefits has helped many clients build and construct customized Disease Management and Wellness Programs. Programs range in scope depending upon the budget, claim experience and culture of each entity. Our philosophy is to design programs that target specific sectors of the employee population. Alliant’s expertise in health management and wellness programs includes:  Skilled and Dedicated Staff: Alliant’s Health & Productivity team is nationally-run and regionally-represented. With an average of 15 years of experience, our team has a wide range of skills and expertise, which includes individuals with clinical backgrounds in worksite wellness, employee benefits and health education.  Strategic Process and Implementation: We partner with clients through each of the three key stages of programming (Discovery, Design & Implementation and Evaluation) and have a strategic approach to evaluating and supporting the environmental and cultural components unique to each client.  Tools and Resources: Alliant offers a full suite of tools and resources that assist clients in the understanding, development and implementation of programs across the complete spectrum of client investment and engagement. We have partnerships with numerous stand-alone providers in the Wellness industry, ranging from Wellness web portals, biometric testing vendors, to Health Fair coordinators. These Wellness providers have established relationships with Alliant, and typically provide their services to our customers at discounted pricing.  LifeBalance: A new service under the Alliant umbrella, LifeBalance is a satisfaction and well-being-boosting benefit that employers and employees love. Since 1996, The LifeBalance Program’s exclusive well-being-focused discount network has helped employees enjoy more of the things we all love most -- fun family time, the great outdoors, health, fitness, travel, sports, the arts, and above all, a good deal. Today, LifeBalance is available to over 2 million people nationwide. The program offers savings with hundreds of popular online retailers, and at over 20,000 business locations. With a user-friendly platform, turn-key implementation, and outstanding client and member support, LifeBalance makes it easy to provide a valuable benefit that helps employees lead healthy, happy, and fulfilling lives. Please refer to Exhibit 5 for a sample of our Health & Productivity Monthly Wellness newsletter. © 2017 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 16 Section IV – Fees and Costs Broker-Consultant fees are mutually agreed upon with our clients. We are open to discussion about a mutually acceptable fee arrangement with the City. For the Scope of Services described in this RFP and listed below, Alliant proposes $74,000 annually billed to the city on a monthly basis. Services include, but are not limited to: Services Proposed Fee Strategic Planning Included Pre-renewal meeting (strategy, market update, compliance, etc.) Included Renewal Negotiation, Analysis and Recommendations Included Procurement of Alternative Cost Saving Initiatives and Options Included Utilization Review and Trend analysis Included Access to Alliant Purchasing Programs Included Legislative Compliance Support and Contract Review Included Health Care Reform Compliance & Consulting Included Contract Review Included Administration and Implementation Support Included Benchmarking Included Employer Advocacy and Problem Resolution Included Employee HealthCare Advocacy Services Included Open Enrollment Coordination and Support Included Employee Communication Development (Brochures, Notices, Retiree and New- hire Communications Included MyBenefits.Life™ Mobile Application Included Employee Surveys Included Wellness Program Consulting, Analysis and Recommendations Included ThinkHR Included Service Guarantee To illustrate our commitment of quality service to the City, Alliant is willing to place 10% of our annual consulting fee at risk. Listed below are the categories of the Service Guarantee: 1. Execution of Scope of Work (5%) – Client satisfaction with deliverables in the Scope of Work. 2. Service and Support (5%) - Service and support of client with decision making tools, attendance at meetings, and assistance for any Although an important aspect of consideration, the financial cost estimate will not be the sole justification for consideration. Negotiations may or may not be conducted with the proposer; therefore, the proposal submitted should contain the proposer’s most favorable terms and conditions, since selection and award may be made without discussion with any firm. All prices should reflect “not to exceed” amounts per item. © 2017 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 17 implementation of new benefits, products and transition of carriers. At any time, the City can invoke the terms of the guarantee. All categories are based solely on client satisfaction level. Transparency and Disclosure All compensation Alliant receives is fully disclosed and transparent. Alliant is not currently accepting any contingency or override compensation for the City’s coverages. Any amounts paid in error this past year have been returned to the carriers. As an independent consultant, Alliant provides our clients with the choice of joint purchasing solutions as well as options available in the marketplace. Alliant has a separate division within the firm, Alliant Underwriting Services (AUS) that provides Consulting, Underwriting and Program Management Services to a number of Joint Powers Authorities (JPA) and Joint Purchasing Pools throughout the country; this division is separate from Alliant’s Brokerage and Consulting division. AUS receives compensation from carriers for services provided to support the operations and administration of a JPA and/or purchasing pool and is a cost included in the premium. Alliant will disclose any AUS fees associated with a joint purchasing program presented to the City. This does not apply to the City of Vernon since they are not participating in any JPA’s managed by Alliant Underwriting Services. Alliant may receive compensation on voluntary employee paid insurance policies (example: vested individual insurance policies). This compensation would be in addition to the annual fee paid by the City. Additional Services Alliant is able to assist the City in evaluating vendors who provide the additional services listed below. Our annual consulting fee includes needs assessment, analysis, negotiations, evaluation and implementation. Vendor fees are separate and will be billed directly to the City. Vendor Services Online Benefits Eligibility & Enrollment Administration System Consolidated Billing COBRA and FSA Administration Retiree Billing Payroll/HRIS System Integration Third Party Wellness Solutions Alliant is not affiliated with, nor do we own, any vendors who provide these services. Our philosophy is to assist our clients in evaluating “Best in Class” third party administrators, HRIS, online enrollment, benefits statement, claims audit and third party wellness programs. © 2017 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 18 Section V - Ability of the Proposer to Perform ACCOUNT TEAM QUALIFICATIONS Our customer service philosophy is to form integrated consulting and service teams around our clients. Pat Moore, the lead consultant, will assign a team of professionals that will be able to support you and your organization daily, while also working strategically to plan for future needs. The Account Team members that will be assigned to the City are all licensed, experienced employee benefits professionals with diverse insurance and human resources backgrounds. Please see Exhibit 6 for Team Bios. ALLIANT KEY PERSONNEL EXPERIENCE WITH SIMILAR PROJECTS Alliant’s expertise is unmatched by other organization in our proven track record and consistent effort to raise the bar for our clients. We continuously work to develop plans and products to help public agencies reduce costs, provide services and maintain benefits. The City’s Alliant team has significant experience in performing work with public agencies of a similar nature to that solicited in this RFP. Below you will find examples of the team’s work and results with different public agencies: County #1 in the Central Coast of California - Team Lead: Kim Hauk This client is a California County which participated in CalPERS but was interested in opportunities to add value to their employee’s benefits and implement programs that would positively impact their own claims cost.  Added onside clinic for safety personnel  Added no cost generic maintenance medication program for employees and dependents  Added no cost surgery program for employees and dependents  Added Talkspace mental health benefit for employees and dependents Alliant began a multiyear project to identify options for them in the marketplace and improve their “risk profile” to make them a viable candidate for other programs. Alliant championed the HR team to help them communicate transparently at the executive and committee level. Through this process Alliant worked with the County to: Provide a detailed description of the proposer and his/her/its qualifications, including names, titles, detailed professional resumes and past experience in similar work efforts/products of key personnel who will be working on the assignment. Provide a list of specific individuals who completed such project(s). Identify role and responsibility of each member of the project team. Include the amount of time key personnel will be involved in the respective portions of the assignment. Respondents are encouraged to supply relevant examples of their professional product. Provide a list of references. © 2017 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 19  Improve their risk profile by identifying and changing waiver and cash in lieu policies  Obtain competitive quotes from the marketplace including PRISM  Track and maintain project timing to exit CalPERS timely properly  Join PRISM, providing matching plan designs to the most popular plans  Give them the ability to represent themselves in the benefits decision making process  Add a benefits administration platform for employee enrollment at no additional cost  Add FSA and COBRA administration for no additional cost  Prepare a project plan for employee communications regarding enrollment and value added plans  Give them the ability to add innovative programs to benefit employees and lower their overall claims costs County #2 in the Central Coast of California – Team Lead: Kim Hauk Problem  High cost medical area and high medical loss ratio of 141%  Need to identify high risk individuals and lower the incidence of chronic disease and illness in employer population Solution  Instituted two On-Site Health Clinics accessible to all employees eligible for the County’s Health plans  Employees utilizing the clinic must complete a Health Risk Assessment and Biometric Screening  In 24 months the Employee Health Clinic has cumulatively identified 1,147 High Risk patients and are actively managing them  Date has shown a reduction in Cholesterol, Blood Pressure and BMI for High risk patients  Approximately $1,251,602 has not been passed on to medical claims experience due to utilization of clinics instead of local providers and labs  Employees have saved approx. $184,000 on copays/lab work and spend less time away from work to visit a doctor  Added no cost generic maintenance medication program for employees and dependents  Added no cost surgery program for employees and dependents  Facilitated texting capabilities for employee communication City in Southern California – Team Lead: Kim Hauk  Initial Medical Renewal was 9.5%; Negotiated renewal was 4%  Secured a proposal with another carrier at -2% below current rates with a $125k Wellness Budget and a guaranteed 4.9% renewal for 2020 and a 6.9% renewal for 2021.  Negotiated $250K in performance guarantees from the new carrier  Secured self-insured and insured Dental and Vision options with savings ranging from -6% to -18%  Added Alliant Medicare Solutions for active employees and retirees © 2017 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 20 Proven Track Record We understand the scope of work requested by the City and believe we are the most qualified firm to help the City achieve its goals and objectives. One of the best ways to measure our capabilities is to talk to some of our other clients and ask them about our work product and the results we have achieved working together. Client References County of San Luis Obispo Ashleigh Szkubiel, HR Benefits Manager County of Santa Barbara Katie Torres, Benefits Manager (805) 781-5963 (805) 568-2818 1055 Monterey St. 1226 Anacapa St. San Luis Obispo, CA 93408 Santa Barbara, CA 93101 aszkubiel@co.slo.ca.us kltorres@sbcountyhr.org City of Santa Monica Amanda Elek-Truman, Sr. HR Analyst City of Atascadero Rachel Hunter, Personnel Specialist (310) 458-8256 (805) 470-3414 1685 Main St. 6500 Palma Ave. Santa Monica, CA 90407 Atascadero, CA 93422 Amanda.Elek-Truman@SMGOV.NET rhunter@atascadero.com March 2013 AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) _______________________________________________________________, being first duly sworn deposes and says that he/she is ______________________________________________________________________ (Insert "Sole Owner", "Partner", "President, "Secretary", or other proper title) of______________________________________________________________________________________ (Insert name of proposer) who submits herewith to the City of Vernon a proposal; That all statements of fact in such proposal are true; That such proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; That such proposal is genuine and not collusive or sham; That said proposer has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vernon, or of any other proposer or anyone else interested in the proposed contract; and further That prior to the public opening and reading of proposals, said proposer: a.Did not directly or indirectly, induce or solicit anyone else to submit a false or sham proposal; b.Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said proposer or anyone else would submit a false or sham proposal, or that anyone should refrain from proposing or withdraw his/her proposal; c.Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the proposal price of said proposer or of anyone else, or to raise or fix any overhead, profit or cost element of his/her proposal price, or of that of anyone else; d.Did not, directly or indirectly, submit his/her proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, depository, or to any member or agent thereof, or to any individual or group of individuals, except the City of Vernon, or to any person or persons who have a partnership or other financial interest with said proposer in his/her business. e.The proposal submitted by proposer, including all data and attachments therein, is incompliance with all laws regarding political contributions, conflicts of interest, or unlawful activities, including, but not limited to, the City’s Conflict of Interest Policy. Patricia A. Moore First Vice President Alliant Insurance Services, Inc. March 2013 I certify under penalty of perjury that the above information is correct. Print Name:______________________________________ Title:________________________________ Signature:________________________________________ Date:________________________________ Patricia A Moore First Vice President July 13, 2021 © 2021 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 22 C ONFIDENTIALITY AND D ISCLOSURE N OTICES Confidentiality The information contained in this proposal, including the Exhibits, is the confidential and proprietary information of Alliant Insurance Services, Inc. (Alliant) and is protected by trade secret and other applicable laws. The recipient of this proposal agrees that this information will only be used in connection with the review and consideration of this proposal and may not be copied or shared with any other person or entity other than the recipient. If the recipient is requested, whether by subpoena, court order, public records or freedom of information request, to disclose any part of this proposal, the recipient shall promptly notify Alliant of such request, prior to any disclosure, so that Alliant can, at its option, take steps to protect the confidential and proprietary of the information contained in this proposal. The breach of this confidentiality obligation may result in irreparable harm to Alliant and, as such, the recipient acknowledges and agrees that Alliant shall be entitled to pursue all available legal and equitable remedies, including injunctive relief, without the requirement to post a bond, in the event of a breach. Disclaimers and Disclosures Changes in Services: If Client requests a change in Services or if changes in Client’s size, operations, or organization require a change in the scope and/or nature of the Services and/or Plans, the compensation described in this RFP response will be adjusted accordingly. Transparency and Disclosure: Upon Client’s reasonable request, Alliant will disclose Commissions it receives, where possible, in connection with any insurance placements on behalf of Client under Alliant’s “Transparency and Disclosure” policy, a copy of which is made available upon request. Pursuant to its policy, Alliant will conduct business in conformance with all applicable insurance regulations and in advancement of the best interests of its clients. In addition, Alliant’s conflict of interest policy precludes it from accepting any form of broker incentives that would result in business being placed with carriers in conflict with the interests of Alliant’s clients. Services Included in Cost of Premium: In addition to the compensation described in this RFP response, Alliant and/or its related entities may receive additional compensation for underwriting, program administration, and other services that are (a) provided to either Client or the insurance carrier, (b) not contracted for directly by Client, and (c) outside the Scope of Services. This additional compensation, if any, will be included in the cost of the premium Client pays to the carrier and accordingly, will create no additional cost for Client. Notwithstanding this paragraph, any services contracted for directly by Client may be subject to additional costs. Indirect Income: With exception, Alliant may also receive income as a result of a contingent or supplemental income agreement with the insurance carriers. Client may opt-out of having its premiums included in the calculation of indirect income by accessing the “opt-out” form from the link on Alliant’s website: http://www.alliant.com/Legal- Notices/Pages/Disclosure-Policy.aspx. The parties acknowledge that indirect income, if any, is determined by insurance carriers, and if the Client does not opt-out, it remains the carriers’ exclusive decision to include or exclude certain premiums in any calculation. The availability of information regarding the make-up of any indirect income payment is at the carrier’s discretion. Exhibit 1 1 Alameda, City of Albany, City of Amador, County of Association of California Water Agencies - JPIA Atascadero, City of Atwater, City of Bay Area Air Quality Management District Bay Cities JPIA, BCJPIA Belmont, City of Buena Park, City of Calaveras, County of Calexico, City of California Department of Human Resources (CalHR) California Highway Patrol Central Contra Costa Sanitary District Chico, City of Clovis, City of Colusa, County of Concord, City of Contra Costa Water District Costa Mesa, City of Cypress, City of Del Norte, County of Dixon, City of Dublin San Ramon Services District East Bay Municipal Utility District El Centro, City of El Dorado, County of Encinitas, City of Fairfield, City of Folsom, City of Foster City, City of Fremont, City of Fresno, City of Galt, City of Gardena, City of Glenn, County of Hanford, City of Hayward, City of Hesperia, City of Humboldt, County of Huntington Beach, City of Imperial Irrigation District Imperial, County of Inland Empire Utilities Agency Inyo, County of Irvine, City of Lake, County of Lassen, County of Livermore, City of Lompoc, City of Long Beach, City of Los Altos, City of Madera, City of Madera, County of Manhattan Beach, City of Marin Municipal Water District Marin, County of Mariposa, County of Menlo Park, City of Merced, City of Merced, County of Mill Valley, City of Millbrae, City of Mission Viejo, City of Modesto, City of Modoc, County of Mono, County of Monterey, City of Mountain View, City of Murrieta, City of Napa, County of Newport Beach, City of Northern California Power Agency (NCPA) Novato, City of Oceanside, City of Orange County Health Authority Orange County Sanitation District Orange County Transportation Authority Orange County Water District Oroville, City of Otay Water District Pacifica, City of Palo Alto, City of Paso Robles, City of Pittsburg, City of Placer County Water Agency Placer, County of Pleasanton, City of Plumas, County of Redding, City of Redlands, City of Richmond, City of Riverside, County of Roseville, City of Sacramento, City of San Benito, County of San Bernardino Municipal Water Department San Bernardino, City of San Bruno, City of San Diego County Water Authority San Diego Housing Commission San Diego, County of San Joaquin, County of San Jose, City of San Leandro, City of San Luis Obispo, County of San Mateo Consolidated Fire Department San Mateo, County of San Ramon, City of Santa Barbara, County of Santa Clara County Housing Authority Santa Clara, City of Santa Cruz Metropolitan Transit District Santa Cruz, County of Santa Margarita Water District Santa Monica, City of Santa Rosa, City of Shafter, City of Shasta, County of Sierra, County of Siskiyou, County of Solano, County of South Coast Air Quality Management District South Lake Tahoe, City of South Pasadena, City of South San Francisco, City of South Tahoe Public Utility District Special District Risk Management Authority Stanislaus, County of State of California - California Senior Legislature State of California - California State Assembly State of California - California State Senate State of California - Military Department State of California - Office of Risk & Insurance Management Sunnyvale, City of Superior Court of California, County of Alameda Superior Court of California, County of Contra Costa Superior Court of California, County of Imperial Superior Court of California, County of Merced Superior Court of California, County of Orange Superior Court of California, County of Placer Superior Court of California, County of San Luis Obispo Superior Court of California, County of Santa Barbara Superior Court of California, County of Santa Cruz Superior Court of California, County of Shasta Superior Court of California, County of Solano Superior Court of California, County of Sonoma Superior Court of California, County of Stanislaus Superior Courts of California, County of Yolo Sutter, County of Tehama, County of Trinity, County of Tulare, County of Tuolumne, County of Turlock Irrigation District Union Sanitary District Vacaville, City of Vallejo, City of Vernon, City of Visalia, City of Walnut Creek, City of Watsonville, City of West Covina, City of West Sacramento, City of Yolo, County of Yuba City, City of Yuba, County of ***Proprietary & Confidential Information. Not to be distributed to anyone without Alliant’s Consent***. Exhibit 2 2 Benchmarking Snapshot: ABC Company ABC Company Services (Industry) West (Region) 5,000-9,999 employees (Size) Average Age 45 42 41 43 % Male 46%43%52%50% % Female 54%57%48%50% Employee Monthly Contributions Plan Type Tier $%$%$%$%$% HMO Employee Only $50 10%$134 25%$102 21%$123 24%$101 18% Family $550 45%$535 38%$454 31%$457 29%$449 30% PPO Employee Only $200 200%$140 23%$120 21%$124 23%$103 18% Family $800 696%$532 37%$474 35%$457 28%$464 29% HDHP/HSA Employee Only $50 8%$99 21%$86 19%$76 17%$79 16% Family $65 5%$396 29%$393 31%$287 22%$357 26% Top Employer Trends: Services (Industry) West (Region) 5,000-9,999 employees (Size) Employer HSA Funding Averages: Employee Only $500 $500 $500 Family $1,000 $1,000 $1,000 % Offering an HSA-Eligible HDHP 51%59%64% % Imposing a Spousal Surcharge 5%5%16% % Imposing a Tobacco Surcharge 14%17%37% % Integrating VB with Core Benefits 42%31%22% ABC Company Services (Industry) West (Region) 5,000-9,999 employees (Size) Kaiser Survey Average Annual Cost By Key Trends Demographics 22% 17%61% % Enrollment by Plan Type HMO PPO HDHP/HSA $50 $550 $200 $800 $50 $65 $134 $535 $140 $532 $99 $396 $102 $454 $120 $474 $86 $393 $123 $457 $124 $457 $76 $287 $101 $449 $103 $464 $79 $357 0 100 200 300 400 500 600 700 800 900 Employee Only Family Employee Only Family Employee Only Family Standard HMO PPO250 HSA1500 ABC Company Services (Industry)West (Region)5,000-9,999 employees (Size) Kaiser Benchmark$8,708 $1,282 $9,657 $10,452$11,795$10,494$11,983$13,008$10,167$11,413$12,222$9,664HMO PPO HDHP/HSA ABC Company Services (Industry) West (Region) 5,000-9,999 employees (Size) 44% 21% 19% 16% % Enrollment By T EE Onl EE + Sp EE + Ch Family 7.4%10.6%10.6%15.8%8.0%9.1%9.1%12.6%7.8%10.4%9.3%11.2%6.5%7.6%7.6%14.5%9.4%10.1%10.1%0% 2% 4% 6% 8% 10% 12% 14% 16% 18% HMO PPO HSA Rx 2017 Medical and Pharmacy Trend Aetna Anthem BSCA Cigna UHC Standard HMO Employee Only Plan CostFamily Plan CostIn-Network Copays / CoinsuranceRetail Rx Copays$10 $25 $20 $20 $0 $10 $20 $30 Physician Office Visit $20 $40 $35 $35 $0 $10 $20 $30 $40 $50 Specialist Visit 20%20%20% 0% 0% 5% 10% 15% 20% 25% Hospital Coinsurance $150 $250 $250 $250 $0 $100 $200 $300 Hospital Admission $100 $100 $100 $100 $0 $50 $100 $150 Emergency Room $10 $10 $10 $10 $0 $5 $10 $15 Tier1/Generic $20 $30 $30 $30 $0 $10 $20 $30 $40 Tier 2/Formulary brand $30 $50 $50 $55 $0 $20 $40 $60 Tier 3/Non Formulary brand $40 $100 $100 $100 $0 $50 $100 $150 Tier 4/Specialty $50 $134 $102 $123 $101 $450 $402 $384 $390 $447 $500 $536 $486 $513 $548 $0 $100 $200 $300 $400 $500 $600 ABC Company Services West 5,000-9,999 employees Kaiser Benchmark ER Portion EE Portion Total Premium $550 $535 $454 $457 $449 $660 $873 $1,011 $1,119 $1,049 $1,210 $1,408 $1,465 $1,576 $1,498 $0 $200 $400 $600 $800 $1,000 $1,200 $1,400 $1,600 $1,800 ABC Company Services West 5,000-9,999 employees Kaiser Benchmark ER Portion EE Portion Total Premium ABC Company Services West 5,000-9,999 employees ABC Company Services West 5,000-9,999 employees Narrow Network Employee Only Plan CostFamily Plan CostIn-Network Copays / CoinsuranceRetail Rx Copays$75 $134 $102 $123 $101 $425 $402 $384 $390 $447 $500 $536 $486 $513 $548 $0 $100 $200 $300 $400 $500 $600 ABC Company Services West 5,000-9,999 employees Kaiser Benchmark ER Portion EE Portion Total Premium $500 $535 $454 $457 $449 $900 $873 $1,011 $1,119 $1,049 $1,400 $1,408 $1,465 $1,576 $1,498 $0 $200 $400 $600 $800 $1,000 $1,200 $1,400 $1,600 $1,800 ABC Company Services West 5,000-9,999 employees Kaiser Benchmark ER Portion EE Portion Total Premium $0 $25 $20 $20 $0 $10 $20 $30 Physician Office Visit $0 $40 $35 $35 $0 $10 $20 $30 $40 $50 Specialist Visit 0% 20%20% 0% 0% 5% 10% 15% 20% 25% Hospital Coinsurance $0 $250 $250 $250 $0 $100 $200 $300 Hospital Admission $0 $100 $100 $100 $0 $50 $100 $150 Emergency Room $0 $10 $10 $10 $0 $5 $10 $15 Tier1/Generic $0 $30 $30 $30 $0 $10 $20 $30 $40 Tier 2/Formulary brand $0 $50 $50 $55 $0 $20 $40 $60 Tier 3/Non Formulary brand $0 $100 $100 $100 $0 $50 $100 $150 Tier 4/Specialty ABC Company Services West 5,000-9,999 employees ABC Company Services West 5,000-9,999 employees PPO250 Employee Only Plan CostFamily Plan CostDeductibleIn-Network Copays / CoinsuranceOut-of-Pocket MaximumRetail Rx Copays$0$500$500$500$0 $200 $400 $600 In-Network Single $0$1,500$1,500$1,500$0 $500 $1,000 $1,500 $2,000 In-Network Family $0$1,200$1,000$1,000$0 $500 $1,000 $1,500 Out-of-Network Single $0$3,000$2,800$2,800$0 $1,000 $2,000 $3,000 $4,000 Out-of-Network Family $0 $25 $25 $25 $0 $10 $20 $30 Physician Office Visit $0 $40 $40 $40 $0 $10 $20 $30 $40 $50 Specialist Visit 0% 20%20%20% 0% 5% 10% 15% 20% 25% Hospital Coinsurance $0 $300 $250 $250 $0 $100 $200 $300 $400 Hospital Admission $0 $150 $150 $150 $0 $50 $100 $150 $200 Emergency Room $1,500$3,500$3,000$3,000$0 $1,000 $2,000 $3,000 $4,000 In-Network Single $3,000$7,500$6,900$6,200$0 $2,000 $4,000 $6,000 $8,000 In-Network Family $0$6,000$6,000$5,650$0 $2,000 $4,000 $6,000 $8,000 Out-of-Network Single $0$12,000$12,500$11,800$0 $5,000 $10,000 $15,000 Out-of-Network Family $0 $10 $10 $10 $0 $5 $10 $15 Tier1/Generic $0 $30 $30 $30 $0 $10 $20 $30 $40 Tier 2/Formulary brand $0 $50 $50 $55 $0 $20 $40 $60 Tier 3/Non Formulary brand $0 $100 $100 $100 $0 $50 $100 $150 Tier 4/Specialty $200 $140 $120 $124 $103 ($100) $469 $451 $415 $464 $100 $609 $571 $539 $567 ($200) ($100) $0 $100 $200 $300 $400 $500 $600 $700 ABC Company Services West 5,000-9,999 employees Kaiser Benchmark ER Portion EE Portion Total Premium $800 $532 $474 $457 $464 ($685) $906 $880 $1,175 $1,119 $115 $1,438 $1,354 $1,632 $1,584 ($1,000) ($500) $0 $500 $1,000 $1,500 $2,000 ABC Company Services West 5,000-9,999 employees Kaiser Benchmark ER Portion EE Portion Total Premium ABC Company Services West 5,000-9,999 employees ABC Company Services West 5,000-9,999 employees ABC Company Services West 5,000-9,999 employees ABC Company Services West 5,000-9,999 employees PPO1000 Employee Only Plan CostFamily Plan CostDeductibleIn-Network Copays / CoinsuranceOut-of-Pocket MaximumRetail Rx Copays$50 $140 $120 $124 $103 $50 $469 $451 $415 $464 $100 $609 $571 $539 $567 $0 $100 $200 $300 $400 $500 $600 $700 ABC Company Services West 5,000-9,999 employees Kaiser Benchmark ER Portion EE Portion Total Premium $50 $532 $474 $457 $464$50 $906 $880 $1,175 $1,119 $100 $1,438 $1,354 $1,632 $1,584 $0 $200 $400 $600 $800 $1,000 $1,200 $1,400 $1,600 $1,800 ABC Company Services West 5,000-9,999 employees Kaiser Benchmark ER Portion EE Portion Total Premium $0$500$500$500$0 $200 $400 $600 In-Network Single $0$1,500$1,500$1,500$0 $500 $1,000 $1,500 $2,000 In-Network Family $0$1,200$1,000$1,000$0 $500 $1,000 $1,500 Out-of-Network Single $0$3,000$2,800$2,800$0 $1,000 $2,000 $3,000 $4,000 Out-of-Network Family $0 $25 $25 $25 $0 $10 $20 $30 Physician Office Visit $0 $40 $40 $40 $0 $10 $20 $30 $40 $50 Specialist Visit 0% 20%20%20% 0% 5% 10% 15% 20% 25% Hospital Coinsurance $0 $300 $250 $250 $0 $100 $200 $300 $400 Hospital Admission $0 $150 $150 $150 $0 $50 $100 $150 $200 Emergency Room $0$3,500$3,000$3,000$0 $1,000 $2,000 $3,000 $4,000 In-Network Single $0$7,500$6,900$6,200$0 $2,000 $4,000 $6,000 $8,000 In-Network Family $0$6,000$6,000$5,650$0 $2,000 $4,000 $6,000 $8,000 Out-of-Network Single $0$12,000$12,500$11,800$0 $5,000 $10,000 $15,000 Out-of-Network Family $0 $10 $10 $10 $0 $5 $10 $15 Tier1/Generic $0 $30 $30 $30 $0 $10 $20 $30 $40 Tier 2/Formulary brand $0 $50 $50 $55 $0 $20 $40 $60 Tier 3/Non Formulary brand $0 $100 $100 $100 $0 $50 $100 $150 Tier 4/Specialty ABC Company Services West 5,000-9,999 employees ABC Company Services West 5,000-9,999 employees ABC Company Services West 5,000-9,999 employees ABC Company Services West 5,000-9,999 employees HSA1500 Employee Only Plan CostFamily Plan CostDeductibleIn-Network CoinsuranceOut-of-Pocket MaximumRetail Rx Copays$6,000$4,000 $3,600 $4,000 $0 $2,000 $4,000 $6,000 $8,000 In-Network Single $12,000$7,000 $6,800 $7,200 $0 $5,000 $10,000 $15,000 In-Network Family $0$6,500 $6,000 $7,200 $0 $2,000 $4,000 $6,000 $8,000 Out-of-Network Single $0$13,100 $12,000 $13,700 $0 $5,000 $10,000 $15,000 Out-of-Network Family $10 $10 $10 $10 $0 $5 $10 $15 Tier1/Generic $20 $30 $30 $30 $0 $10 $20 $30 $40 Tier 2/Formulary brand $30 $50 $50 $55 $0 $20 $40 $60 Tier 3/Non Formulary brand $0 $100 $100 $100 $0 $50 $100 $150 Tier 4/Specialty$1,500 $2,000 $1,500 $1,500 $0 $500 $1,000 $1,500 $2,000 $2,500 In-Network Single $3,000 $4,000 $3,000 $3,000 $0 $1,000 $2,000 $3,000 $4,000 $5,000 In-Network Family $3,000 $3,000 $3,000 $3,000 $0 $1,000 $2,000 $3,000 $4,000 Out-of-Network Single $6,000 $6,500 $6,000 $6,000 $5,600 $5,800 $6,000 $6,200 $6,400 $6,600 Out-of-Network Family 20%20%20%20% 0% 5% 10% 15% 20% 25% Coinsurance $50 $99 $86 $76 $79 $550 $372 $367 $371 $402 $600 $471 $453 $447 $480 $0 $100 $200 $300 $400 $500 $600 $700 ABC Company Services West 5,000-9,999 employees Kaiser Benchmark ER Portion EE Portion Total Premium $65 $396 $393 $287 $357 $1,335 $970 $875 $1,018 $1,037 $1,400 $1,366 $1,268 $1,305 $1,395 $0 $200 $400 $600 $800 $1,000 $1,200 $1,400 $1,600 ABC Company Services West 5,000-9,999 employees Kaiser Benchmark ER Portion EE Portion Total Premium ABC Company Services West 5,000-9,999 employees ABC Company Services West 5,000-9,999 employees ABC Company Services West 5,000-9,999 employees ABC Company Services West 5,000-9,999 employees HSA3000 Employee Only Plan CostFamily Plan CostDeductibleIn-Network CoinsuranceOut-of-Pocket MaximumRetail Rx Copays$50 $99 $86 $76 $79$50 $372 $367 $371 $402 $100 $471 $453 $447 $480 $0 $100 $200 $300 $400 $500 $600 ABC Company Services West 5,000-9,999 employees Kaiser Benchmark ER Portion EE Portion Total Premium $50 $396 $393 $287 $357$50 $970 $875 $1,018 $1,037 $100 $1,366 $1,268 $1,305 $1,395 $0 $200 $400 $600 $800 $1,000 $1,200 $1,400 $1,600 ABC Company Services West 5,000-9,999 employees Kaiser Benchmark ER Portion EE Portion Total Premium $0 $2,000 $1,500 $1,500 $0 $500 $1,000 $1,500 $2,000 $2,500 In-Network Single $0 $4,000 $3,000 $3,000 $0 $1,000 $2,000 $3,000 $4,000 $5,000 In-Network Family $0 $3,000 $3,000 $3,000 $0 $1,000 $2,000 $3,000 $4,000 Out-of-Network Single $0 $6,500 $6,000 $6,000 $0 $2,000 $4,000 $6,000 $8,000 Out-of-Network Family 0% 20%20%20% 0% 5% 10% 15% 20% 25% Coinsurance $0$4,000 $3,600 $4,000 $0 $1,000 $2,000 $3,000 $4,000 $5,000 In-Network Single $0$7,000 $6,800 $7,200 $0 $2,000 $4,000 $6,000 $8,000 In-Network Family $0$6,500 $6,000 $7,200 $0 $2,000 $4,000 $6,000 $8,000 Out-of-Network Single $0$13,100 $12,000 $13,700 $0 $5,000 $10,000 $15,000 Out-of-Network Family $0 $10 $10 $10 $0 $2 $4 $6 $8 $10 $12 Tier1/Generic $0 $30 $30 $30 $0 $10 $20 $30 $40 Tier 2/Formulary brand $0 $50 $50 $55 $0 $10 $20 $30 $40 $50 $60 Tier 3/Non Formulary brand $0 $100 $100 $100 $0 $20 $40 $60 $80 $100 $120 Tier 4/Specialty ABC Company Services West 5,000-9,999 employees ABC Company Services West 5,000-9,999 employees ABC Company Services West 5,000-9,999 employees ABC Company Services West 5,000-9,999 employees Exhibit 3 3 1 Open Enrollment Dates November 9th – November 30th Employee Benefits Overview (Open Enrollment) 2021 2 LET’S TALK BENEFITS At the City of Vernon, we believe that you, our employees, are our most important asset. Helping you and your families achieve and maintain good health is the reason the City of Vernon offers you this benefits program. We are providing you with this overview to help you understand the benefits that are available to you and how to best use them. Please review it carefully and make sure to ask about any important issues that are not addressed here. A list of plan contacts is provided in the back of this summary. While we've made every effort to make sure that this guide is comprehensive, it cannot provide a complete description of all benefit provisions. For more detailed information, please refer to your benefit summaries or summary plan descriptions (SPDs). The benefits in this summary are effective: January 1, 2021 - December 31, 2021 There are no changes in the 2021 plan year! Due to COVID-10 restrictions, no in-person open enrollment meetings will be held this year. Check your email for information about virtual open enrollment meetings and presentations. Benefit information will be posted to the City of Vernon’s website, www.cityofvernon.org 3 TABLE OF CONTENTS Who Can You Cover ....................................................................................................................................... 4 Dependent Eligibility Documentation ................................................................................................................. 5 Medical – Blue Shield .................................................................................................................................... 6 Prescription Drugs ......................................................................................................................................... 8 Blue Shield – How to Register & Print ID Card .................................................................................................. 10 Blue Shield – Mobile App ............................................................................................................................. 11 Blue Shield – How to Find a Provider .............................................................................................................. 12 Blue Shield - Concierge ................................................................................................................................ 13 Blue Shield - Heal & Teladoc Services ............................................................................................................ 14 Stay Connected With Your Resources ............................................................................................................. 15 Employee Assistance Program ....................................................................................................................... 16 Health Savings Account (HSA) ....................................................................................................................... 17 Flexible Spending Account (FSA).................................................................................................................... 18 Dental - MetLife .......................................................................................................................................... 19 MetLife – How to Find a Dental Provider .......................................................................................................... 20 Vision - MES ............................................................................................................................................... 21 MES – How to Vision Provider ....................................................................................................................... 22 Life Insurance - Mutual of Omaha ................................................................................................................... 23 Disability Insurance – Mutual of Omaha .......................................................................................................... 24 Aflac - Voluntary Benefits ............................................................................................................................. 25 Colonial - Voluntary Benefits ......................................................................................................................... 26 Get Educated Virtually! ................................................................................................................................. 27 For Assistance ............................................................................................................................................ 28 Key Terms .................................................................................................................................................. 29 Important Plan Notices and Documents ........................................................................................................... 30 Notes ......................................................................................................................................................... 35 Medicare Part D Notice: If you (and/or your dependents) have Medicare or will become eligible for Medicare in the next 12 months, a federal law gives you more choices about your prescription drug coverage. Please see the Annual Notices beginning on page 30 for more details. 4 Who Can You Cover WHO IS ELIGIBLE? Employees working 30 or more hours per weeks are eligible for the benefits, per ACA guidelines and as outlined in this overview. You can enroll the following family members in our medical, dental, and vision plans. • Your spouse (the person who you are legally married to under state law, including a same-sex spouse.) • Your registered domestic partner is eligible for coverage if you and your partner are over 18, or one or both partners are under 18 and have obtained a court order granting permission to establish a domestic partnership, and are of the same sex, or are opposite sex and one partner is at least 62 and meet the requirements of CA Family Code section 297. • Your children (including your domestic partner's children): o Under the age of 26 are eligible to enroll in medical, dental, and vision coverage. They do not have to live with you or be enrolled in school. They can be married and/or living and working on their own. o Over age 26 ONLY if they are incapacitated due to a disability and primarily dependent on you for support. o Named in a Qualified Medical Child Support Order (QMCSO) as defined by federal law. Please refer to the Summary Plan Description for complete details on how benefits eligibility is determined. WHO IS NOT ELIGIBLE? Family members who are not eligible for coverage include (but are not limited to): • Parents, grandparents, and siblings. • Employees who work less than 30 hours per week, temporary employees, contract employees, or employees residing outside the United States. WHEN CAN I ENROLL? Coverage for new hires begins on the 1st of the month following the date of hire. For the 2021 plan year, open enrollment for current employees will be held between November 9th through November 30th 2020. Open enrollment is the one time each year that employees can make changes to their benefit elections without a qualifying life event. WHAT IF I HAVE A QUALIFYING EVENT? Contact Karina Rueda in the Human Resources Department if you have a qualifying event and need to make changes to your health benefits. Changes include • Birth or adoption of a baby or child • Loss of other healthcare coverage • Eligibility for new healthcare coverage • Marriage • Divorce You have 31 days to make your changes after a qualifying event. 5 Dependent Eligibility Documentation Dependent Type Required Documentation Resources to Obtain Documentation Dependent Spouse (same or opposite gender) Add: Marriage Certificate Remove: Divorce Decree • City office that issued original marriage Certificate • www.vitalchek.com Registered Domestic Partner Add: State of California, City or City issued Declaration/Certificate of Domestic partnership Remove: Termination of Domestic Partnership • City/City office that issued original certificate Dependent child by birth Birth Certificate (must include parents name), and/or copies of any court orders, divorce decrees or other legal documents relating to custody or health coverage. • City office that issued original birth certificate • Hospital in which child was born • U.S. Department of State (for children born outside of the U.S) • Social Security Administration • www.vitalchek.com Dependent child by adoption Final Adoption Papers and/or copies of any court orders, divorce decrees or other legal documents relating to custody or health coverage • State agency that issued final adoption papers • Adoption agency that issued placement papers • Social Security Administration Dependent stepchild(ren) Marriage Certificate and Birth Certificate (must include parents name), and/or copies of any court orders, divorce decrees or other legal documents relating to custody, health coverage or income tax exemptions. • City office that issued original birth certificate • Hospital in which child was born • U.S. Department of State (for children born outside of the U.S) • Social Security Administration • www.vitalchek.com 6 Medical – Blue Shield Medical coverage provides you with benefits that help keep you healthy like preventive care screenings and access to urgent care. It also provides important financial protection if you have a serious medical condition. The City of Vernon provides you with comprehensive coverage through Blue Shield of California of California. Here are the HMO plan options. Access+ HMO Trio ACO HMO In-Network In-Network Annual Deductible $0 $0 Annual Out-of-Pocket Max $1,500 Individual $3,000 Family $1,500 Individual $3,000 Family Lifetime Max Unlimited Unlimited Office Visit Primary Provider $15 copay $15 copay Specialist $15 copay (referred by PCP) $20 copay (self-referral) $15 copay Preventive Services No charge No charge Telemedicine Teladoc No Charge Teladoc No Charge Heal (physician home visits) Not Available 1st visit: No Charge Following visits: $15 copay applies Chiropractic Care Acupuncture Care $10 copay $10 copay $10 copay $10 copay Lab and X-ray Advanced Imaging: No Charge Diagnostic: No charge Advanced Imaging: No Charge Diagnostic: No charge Inpatient Hospitalization No charge No charge Outpatient Surgery No charge No charge Urgent Care $15 copay $15 copay Emergency Room $100 copay (copay waived if admitted) $100 copay (copay waived if admitted) 7 Medical, continued Here is an overview of our PPO plans offered through Blue Shield of California. Full PPO Full PPO Savings In-Network Out-Of-Network In-Network Out-Of-Network Annual Deductible $250 Individual $750 Family $250 Individual $750 Family $2,800 Individual $5,200 Family $7,800 Individual $15,600 Family Annual Out-of-Pocket Max $2,500 Individual $5,000 Family $7,500 Individual $15,000 Family $5,000 Individual $10,000 Family $15,000 Individual $30,000 Family Lifetime Max Unlimited Unlimited Unlimited Unlimited Office Visit Primary Provider $15 copay (deductible waived) 30% after deductible 0% after deductible 30% after deductible Specialist $15 copay (deductible waived) 30% after deductible 0% after deductible 30% after deductible Telemedicine Teladoc No charge Not Covered No charge Not Covered Heal (physician home visits) $15 copay (deductible waived) 30% after deductible 0% after deductible 30% after deductible Preventive Services No charge 30% after deductible No charge 30% after deductible Chiropractic Care Acupuncture $15 copay Limited 30 visits max per calendar year 30% after deductible (in-network limitations apply) 0% after deductible 30 visits max per calendar year 30% after deductible (in-network limitations apply) Lab and X-ray Advanced Imaging: 10% after deductible Diagnostic: 10% after deductible Advanced Imaging: 30% after deductible Diagnostic: 30% after deductible Advanced Imaging: 0% after deductible Diagnostic: 0% after deductible Advanced Imaging: 30% after deductible Diagnostic: 30% after deductible Inpatient Hospitalization 10% after deductible 30% after deductible 0% after deductible 30% after deductible Outpatient Surgery 10% after deductible 30% after deductible 0% after deductible 30% after deductible Urgent Care $15 copay (deductible waived) 30% after deductible 0% after deductible 30% after deductible Emergency Room $100 copay then 10% after deductible (copay waived if admitted) 0% after deductible (copay waived if admitted) 8 Prescription Drugs Prescription drug coverage provides a benefit that is important to your overall health, whether you need a prescription for a short-term health issue like bronchitis or an ongoing condition like high blood pressure. If you enroll in medical coverage, you will automatically receive coverage for prescription drugs. Here are the prescription drug plans that are offered with our Blue Shield of California HMO plans. Access+ HMO Trio ACO HMO In-Network In-Network Prescription Drug Deductible None None Pharmacy Tier 1 $15 copay $15 copay Tier 2 $25 copay $25 copay Tier 3 $45 copay $45 copay Tier 4 20% up to $250 20% up to $250 Supply Limit 30 days 30 days Mail Order Tier 1 $30 copay $30 copay Tier 2 $50 copay $50 copay Tier 3 $90 copay $90 copay Tier 4 20% up to $500 20% up to $500 Supply Limit 90 days 90 days 9 Prescription Drugs, continued Here are the prescription drug plans that are offered with our Blue Shield of California PPO plans. Full PPO Full PPO Savings In-Network Out-Of-Network In-Network Out-Of-Network Prescription Drug Deductible None None None None Pharmacy Tier 1 $15 copay $10 copay Tier 2 $25 copay $40 copay Tier 3 $45 copay $60 copay Tier 4 30% up to $250 30% up to $250 Supply Limit 30 days 30 days Mail Order Tier 1 $30 copay $20 copay Tier 2 $50 copay $80 copay Tier 3 $90 copay $120 copay Tier 4 30% up to $500 30% up to $500 Supply Limit 90 days 90 days 10 Blue Shield – How to Register & Print ID Card 11 Blue Shield – Mobile App 12 Blue Shield – How to Find a Provider 13 Blue Shield - Concierge 14 Blue Shield - Heal & Teladoc Services 15 Stay Connected With Your Resources COVID-19 pandemic has brought new challenges and stresses to our lives. During this unprecedented time, the County would like to highlight the various benefits and resources that you have available from our benefit carriers. Now is a good time to utilize the many benefit options such as virtual appointments, free online wellness classes and EAP services. Blue Shield - Wellvolution & Additional Services Additional Resources available to you as Blue Shield member are below. Please contact Blue Shield member services for more information. NurseHelp 24-7 (877) 304-0504 Mental Health Benefits – Call MHSA (877) 263-9952 or find a doctor at blueshieldca.com Tivity Gym Discount, vew “fitnessyourway.tivityhealth.com/bsc” or enroll over the phone at (833) 283-8387 Other Programs and services for Blue Shield members. Call customer service. 16 Employee Assistance Program There are times when everyone needs a little help or advice. The confidential Employee Assistance Program (EAP) through Mutual of Omaha can help you with things like stress, anxiety, depression, chemical dependency, relationship issues, legal issues, parenting issues, parenting questions, financial counseling, and dependent care issues. Best of all, it’s free. EXPERIENCED EAP STAFF Licensed Master’s level professionals that can provide assistance for a variety of personal and professional matters. • Emotional Well-Being • Family and Relationships • Legal and Financial • Health Life Styles • Work and Life Transitions EAP BENEFITS • Unlimited telephonic access to EAP Professionals 24 hours a day, seven days a week  Services access by calling (800) 316-2796 • Telephone assistance and referral • Service for employees and eligible dependents • Connect employees with resources for:  Legal Assistance and Financial Services  Dependent and Elder Care Assistance & Referral Services  Substance Abuse Assistance • Access to a library of educational articles, handouts and resources at mutualofomaha.com/eap Travel Assistance Experiencing an emergency while traveling can be especially difficult. Knowing who to call for medical problems, currency exchange issues or lost luggage is critical. Take comfort in knowing that Travel Assistance* travels with you worldwide, offering access to a network of professionals who can help you with local medical referrals or provide other emergency assistance services in foreign locations. Services are available for business and personal travel: For inquiries within the U.S. call: (800) 856-9947 I For inquiries outside the U.S. call: (312) 935-3658 The following services are available: • Pre-Trip Assistance • Emergency Travel Support • Medical Assistance • Identity Theft • Education and Prevention • Recovery Information Help is available 24/7, 365 days a year by telephone at (800) 316-2796. Other resources are available online at www.mutualofomaha.com/eap 17 Health Savings Account (HSA) Do you want to save money on taxes? A Health Savings Account is a tax-advantaged, portable (you own it!) savings account that is offered if you enroll in in the PPO Savings Plan. You (optional) and your employer contribute pre-tax money to your account to save for out-of-pocket healthcare expenses. Plus, any money that you don't spend grows year after year and can be used in the future, even after you retire. HSA Bank administers this program. ACCOUNT CONTRIBUTIONS Company Contributes You Are Allowed to Contribute Employee $3,000 $600 Employee + Family $3,000 $4,200 *Contribution limits: The IRS has set limits on the total amount you can contribute to a Health Savings Account each calendar year and contributions made by your employer count. In 2021, the limit is $3,600 for an individual and $7,200 for a family. If you're over 55, the IRS allows you to contribute an additional $1,000—this is called a Catch Up Contribution. USING YOUR MONEY You can use the money in your account to pay for qualified medical expenses that are not paid for by your high deductible health plan (HDHP). For a full list of those expenses, go to https://www.irs.gov/. In general, your HSA can be used for these expenses without penalty: • Medically necessary expenses that are not covered by your health plan including deductibles and coinsurance • Dental care services • Vision care services • Prescription drugs • Over-the-counter (OTC) medications prescribed by your doctor • Certain medical equipment When possible, use your HSA debit card to pay for expenses. Make sure that you keep records of your receipts and any OTC prescriptions. You will need them to prove that you spent the money on qualified expenses if you are audited by the IRS. ELIGIBILITY You are not eligible to open or contribute to an HSA account if you are: • Covered by a non-high deductible health plan • Enrolled in a regular healthcare flexible spending account (you or your spouse count) • Covered under Medicare or Medicaid • Claimed as a dependent on someone else's tax return SETTING UP YOUR HSA You will need to open an HSA account. Paperwork to set up the account will be provided to you by the Human Resources Department. Non-Qualified Expenses: If you use HSA funds for non-qualified expenses before you are age 65, you will owe a 20% penalty tax PLUS income tax on the withdrawal. After age 65, if you use HSA funds for non-qualified expenses, you will owe income tax only. HSA Bank Contact Information Website: http://www.hsabank.com/hsabank/members Customer Service: English: (800) 357-6246 Spanish: (866) 357-6232 24 hours a day/ 7 days a week Lost or stolen debit card after hours: (800) 523-4175 18 Flexible Spending Account (FSA) A Flexible Spending Account lets you set aside money—before it's taxed—through payroll deductions. The money can be used for eligible healthcare and dependent day care expenses you and your family expect to have over the next year. The main benefit of using an FSA is that you reduce your taxable income, which means you have more money to spend. The catch is that you have to use the money in your account by our plan year's end. Otherwise, that money is lost, so plan carefully. You must re-enroll in this program each year. Igoe administers this program. IMPORTANT CONSIDERATIONS • Expenses must be incurred between 01/01/2021 and 12/31/2021 and submitted for reimbursement no later than 02/28/2022. • Elections cannot be changed during the plan year, unless you have a qualified change in family status (and the election change must be consistent with the event). • Unused amounts will be lost at the end of the plan year, so it is very important that you plan carefully before making your election. • FSA funds can be used for you, your spouse, and your tax dependents only. • You can obtain reimbursement for eligible expenses incurred by your spouse or tax dependent children, even if they are not covered on the City of Vernon’s health plan. • You cannot obtain reimbursement for eligible expenses for a domestic partner or their children, unless they qualify as your tax dependents (Important: questions about the tax status of your dependents should be addressed with your tax advisor). • Keep your receipts. In most cases, you'll need to provide proof that your expenses were considered eligible for IRS purposes. HEALTHCARE FSA ACCOUNT This plan allows you to pay for eligible out-of-pocket healthcare expenses with pre-tax dollars. Eligible expenses include medical, dental, or vision costs including plan deductibles, copays, coinsurance amounts, and other non-covered healthcare costs for you and your tax dependents. You may access your entire annual election from the first day of the plan year and you can set aside up to $2,750 this year. The maximum Health Care FSA rollover limit of $550 will remain unchanged for plans that begin or renew on or after January 1, 2021. DEPENDENT CARE FSA ACCOUNT This plan allows you to pay for eligible out-of-pocket dependent care expenses with pre-tax dollars. Eligible expenses may include daycare centers, in- home child care, and before or after school care for your dependent children under age 13. Other individuals may qualify if they are considered your tax dependent and are incapable of self-care. It is important to note that you can access money only after it is placed into your dependent care FSA account. All caregivers must have a tax ID or Social Security number. This information must be included on your federal tax return. If you use the dependent care reimbursement account, the IRS will not allow you to claim a dependent care credit for reimbursed expenses. Consult your tax advisor to determine whether you should enroll in this plan. You can set aside up to $5,000 per household for eligible dependent care expenses for the year. To enroll in the FSA plan, please contact Human Resources at (323) 583-8811, ext 325. 19 Dental - MetLife Regular visits to your dentists can protect more than your smile; they can help protect your health. Recent studies have linked gum disease to damage elsewhere in the body and dentists are able to screen for oral symptoms of many other diseases including cancer, diabetes, and heart disease. The City of Vernon gives you a choice between two dental plans with MetLife. MetLife DPPO Plan MetLife DHMO Plan In-Network Out-Of-Network In-Network Calendar Year Deductible $50 Individual / $150 Family (Waived for preventative) $0 Annual Plan Maximum $2,000 per individual Unlimited Waiting Period None None None Diagnostic and Preventive No charge (Deductible Waived) No charge (Deductible Waived) Plan pays 100% (varies by services; see contract for fee schedule) Basic Services Fillings 10% after deductible 10% after deductible Plan pays 100% (varies by services; see contract for fee schedule) Root Canals 10% after deductible 10% after deductible $0-$75 copay then plan pays 100% (varies by services; see contract for fee schedule) Periodontics 10% after deductible 10% after deductible $15-$160 copay then plan pays 100% (varies by services; see contract for fee schedule) Major Services 50% after deductible 50% after deductible $10-$225 copay then plan pays 100% (varies by services; see contract for fee schedule) Orthodontic Services Orthodontia 50% 50% $1,450 (see contract for limitations) copay then plan pays 100% Lifetime Maximum $2,000 per individual Unlimited Dependent Children Covered up to age 19 Covered up to age 19 Adult Not Covered Member Covered 20 MetLife – How to Find a Dental Provider Finding Dental PPO Providers 1) Log into www.metlife.com 2) Select “Find A Dentist” 3) Select “PDP Plus” 4) Enter your zip code and select “Find A Dentist” Finding Dental HMO Providers 1) Log into www.metlife.com 2) Select “Find A Dentist” 3) Select “Dental HMO/Managed Care 4) Enter your zip code and select “Find A Dentist” 5) In the “Select your plan” from the drop down menu choose “Met50” and click on “Go” (see below). Note: If you are enrolling in the DHMO you must elect a provider facility code in the enrollment form. Example of code highlighted below. You may change dentists at any time as long as you submit the new facility code by the 15th of the month, it will then be effective the 1st of the following month. 21 Vision - MES Routine vision exams are important, not only for correcting vision but because they can detect other serious health conditions. MES Vision In-Network Out-Of-Network Exam $0 Plan Pays up to $40 Lenses Single Bifocal Trifocal Lenticular Polycarbonate Coating for Children Covered in Full Covered in Full Covered in Full Covered in Full Covered in Full $30 $50 $65 $125 $65 Contact Lenses $150 Allowance $150 Frames $150 Allowance $75 Frequency Services 12 months 12 months 12 months 12 months Eye Examination Lenses Frames Contact Lenses* *In lieu of frames Additional Savings: • 20% Discount – Available for cosmetic extras, such as tints, coatings and other add-on charges to standard lenses • 20% Discount – Also applies to additional pairs of glasses and/or pairs of standard contact lenses. Not available at Warehouse or Wholesale locations. • Lasik Discount – Discounts and opportunities available through Lasik Plus & QualSight LASIK 22 MES – How to Vision Provider To search for a MES vision provider, go to www.mesvision.com/homepage enter your zip code and click submit. Click Here How to Use Your Vision Plan: Select your provider, make an appointment and your selected provider will contact MESVision to verify your eligibility. MESVision Optics: Buy your contacts online. No claim forms or paperwork required. Free shipping. Order discounted sunglasses, readers and contact supplies. You do not need to be a MES member to use this service. Minimum $50 order required. Participating Retail Providers: Costco, Lens Crafters, Sam’s Club, Target, Wal-Mart 23 Life Insurance - Mutual of Omaha If you have loved ones who depend on your income for support, having life and accidental death insurance can help protect your family's financial security. LIFE AND AD&D Basic Life Insurance pays your beneficiary a lump sum if you die. AD&D provides another layer of benefits to either you or your beneficiary if you suffer from loss of a limb, speech, sight, or hearing, or if you die in an accident. The cost of coverage is paid in full by the City of Vernon. Coverage is provided by Mutual of Omaha Insurance Company. Basic Life Amount Employee: $20,000 Spouse: $1,500 Child: $1,000 Basic AD&D Amount Employee: $20,000 Spouse: $1,500 Child: $1,000 VOLUNTARY LIFE AND AD&D Voluntary Life Insurance allows you to purchase additional life insurance to protect your family's financial security. Coverage is provided by Mutual of Omaha Insurance Company. Employee Voluntary Life and AD&D Amount Increments of $10,000 up to 5x your annual earnings or $500,000 Spouse Voluntary Life and AD&D Amount Increments of $5,000 up to 100% of the employee amount or $100,000 Child(ren) Voluntary Life and AD&D Amount Increments of $1,000 (minimum: $2,000) up to 100% of employee amount or $10,000 Beneficiary Reminder: Make sure that you have named a beneficiary for your life insurance benefit. It's important to know that many states require that a spouse be named as the beneficiary, unless they sign a waiver. Evidence of Insurability: Depending on the amount of coverage you select, you may need to submit an Evidence of Insurability form, which involves providing the insurance company with additional information about your health. Click here to complete EOI NOTE: You can enroll in the Voluntary Life plan during anytime of the year. Please contact Human Resources if you would like to enroll in the Voluntary Life coverage. 24 Disability Insurance – Mutual of Omaha VOLUNTARY L ONG-TERM DISABILITY INSURANCE Long-Term Disability coverage pays you a certain percentage of your income if you can't work because an injury or illness prevents you from performing any of your job functions over a long time. It's important to know that benefits are reduced by income from other benefits you might receive while disabled, like workers' compensation and Social Security. Coverage is provided by Mutual of Omaha Insurance Company. Monthly Benefit Amount Plan pays 60% of covered monthly earnings Maximum Monthly Benefit $10,000 Benefits Begin After: Accident 90 days of disability Sickness 90 days of disability Maximum Payment Period* To Age 65 or Social Security Normal Retirement Age (SSNRA) *The age at which the disability begins may affect the duration of the benefit. NOTE: You are only able to enroll in this plan during the annual open enrollment period. Please contact Human Resources if you would like to enroll in the Voluntary Long Term Disability Plan. 25 FILE A CLAIM: • Go to www.aflac.com/individuals/one-day-pay to learn more about our One Day Pay Claims for Accident, Cancer, Hospital, Intensive Care and Specified Events plans. • Customer Service: (800) 992-3522 Contact your representative for additional information: Patricia Lees (323) 720-9080 patricia_lees@us.aflac.com Aflac - Voluntary Benefits Here are some other valuable Aflac programs that you are eligible to participate in: ACCIDENT ADVANTAGE If an accident occurs, you may be surprised at how the expenses can add up. Accident Insurance is designed to help you pay for unexpected costs that result from an accidental injury. Even if you have medical insurance, you may still have out of pocket expenses such as deductibles, co-pays and other costs. Aflac Accident Advantage pays cash benefits directly to you that you can use for any expense, from groceries to bills. VISION NOW Aflac Vision Now goes beyond traditional exams and provides benefits for serious eye conditions. In addition to an eye exam benefit and a choice of vision correction benefits, there are also benefits for specific eye diseases and disorders, eye surgeries and permanent visual impairment — all without network restrictions. SHORT-TERM DISABILITY Aflac Short-Term Disability helps protect your income in the event of injury or illness. It provides coverage options that allows you to choose the plan that’s right for you, based on your financial requirements and income. CANCER CARE Aflac Cancer Care pays you a cash benefit upon initial diagnosis of a covered cancer, with other benefits payable throughout cancer treatment. You can use these for any out-of-pocket medical expenses you may have, including daily life expenses, such as rent, mortgage, groceries or bills — it’s your choice. PLUS RIDER The Aflac Plus Rider adds extra cash payouts — up to $5,000 — to existing/eligible Aflac Accident, Hospital Advantage and Short-Term Disability plans. It’s a better way to help ensure you have an extra level of financial protection for what major medical doesn’t cover. Best of all, the average person pays just 72 cents a week for this extra boost to their benefits. HOSPITAL ADVANTAGE Aflac Hospital Advantage pays cash benefits directly to you to help with out-of-pocket expenses. It helps you focus less on medical bills and more on getting better by helping pay for groceries, rent or mortgage, bills and more: • Copays and deductibles • Transportation and ambulance costs • Emergency room and doctor visits • Medical diagnostics and imaging • Rehabilitation facilities • DENTAL Aflac Dental pays you cash benefits for periodic checkups and cleanings, X-rays, fillings, crowns and much more. It’s an easy way to give you and your family a reason to smile. CRITICAL CARE PROTECTION Even if you have medical insurance, it’s usually not enough to cover every expense. But Critical Care Protection gives you a lump sum benefit upon diagnosis of a covered health event, with additional benefits paid for things like hospital stays and continuing care. The cash benefits help with the expenses major medical doesn’t cover, helping you better protect yourself. You will receive protection for all stages of these covered events: • Heart Attack • Sudden Cardiac Arrest • Coronary Artery Bypass Graft Surgery • Stroke • Third-Degree Burns • Coma • Major Human Organ Transplant • Paralysis • End-Stage Renal Failure • Persistent Vegetative State If you leave The City of Vernon, you can keep the coverage if you arrange to pay premiums to the insurance company directly. AFLAC provides coverage for this program. 26 Colonial - Voluntary Benefits The following voluntary benefits will be offered to City of Vernon employees: DISABILITY INSURANCE Disability Insurance replaces a portion of your income to help make ends meet if you become disabled from a covered accident or covered sickness. Employee coverage only. ACCIDENT INSURANCE Accident Insurance helps offset unexpected medical expenses, such as emergency room fees, deductibles and co-payments that can result from a fracture, dislocation or other covered accidental injury. CANCER INSURANCE Helps offset out-of-pocket medical and non-medical expenses related to cancer that some medical plans don't cover. Flexible coverage options are available to best fit your healthcare needs. CRITICAL ILLNESS INSURANCE Provides a lump-sum benefit that you can use to pay the direct and indirect costs related to a covered critical illness, such as heart attack or stroke, which can often be expensive and lengthy. HOSPITAL CONFINEMENT INSURANCE Provides a lump-sum benefit for a covered hospital confinement and a covered outpatient surgery to help offset the gaps caused by copayments and deductibles that are not covered by some medical plans. TERM LIFE AND UNIVERSAL LIFE Enables you to tailor coverage for your individual family needs and helps provide financial security for your family members. With most Colonial Life insurance products: • Benefits are paid directly to you • You can continue coverage with no increase in premium when you retire or change jobs • You’re paid regardless of any other insurance you may have with other insurance companies. • Coverage is available for your spouse and dependent children NEED TO FILE A CLAIM? Whether online or by phone, Colonial will provide the service you need: Need www.ColonialLife.com (800) 325-4368 Submit your claim using our eClaims system. X File health screening/wellness and doctor’s office visit claim. X X Check status of claim X X Review, print or download a copy of your policy/cert. X X Access Claim & service forms X X Update contact info. X X Access claim correspondence X X Complete a notification for a life claim. X X Contact your representative for additional information: Ronald Peralez (949) 683-9012 ronald.peralez@coloniallifesales.com 27 Get Educated Virtually! Get help with your benefits however you feel most comfortable. Below is a list of fun, educational videos where you can learn about different topics that will help you better understand your benefits! Benefit Terms Explained How to read an EOB High Deductible Health Plan w/ HSA What is an FSA HSA vs FSA EAP Qualifying Events Preventive Care 28 For Assistance If you need to reach our plan providers, here is their contact information: Plan Type Provider Phone Number Website Medical PPO, HDHP, HMO Blue Shield of California (855) 599-2657 www.blueshieldca.com Shield Concierge TRIO ACO HMO Blue Shield of California (855) 829-3566 www.blueshieldca.com HSA HSA Bank (800) 357-6246 www.hsabank.com Dental PPO MetLife (800) 438-6388 https://www.metlife.com/ Dental HMO MetLife (800) 880-1800 https://www.metlife.com/ Vision MES (800) 877-6372 https://www.mesvision.com/homepage. htm Life and AD&D Mutual of Omaha (800) 788-7923 www.mutualofomaha.com Long Term Disability Mutual of Omaha (800) 788-7923 www.mutualofomaha.com Employee Assistance Program Mutual of Omaha (800) 316-2796 www.mutualofomaha.com/eap Travel Assistance Mutual of Omaha (800) 856-9947 http://www.mutualofomaha.com/emplo yers/products/disability/travel- assistance.php FSA Igoe (800) 633-8818 www.goigoe.com Email: flex@goigoe.com Aflac Products Patricia Lees Customer Service: (800) 992-3522 Cell: (323) 720-9080 www.aflac.com Email: patricia_lees@us.aflac.com Colonial Products Ronald Peralez (949) 683-9012 www.coloniallife.com Email: ronald.peralez@coloniallifesales.com Human Resources Karina Rueda (323) 583-8811, Ext. 325 KRueda@ci.vernon.ca.us Human Resources Veronica Avendano (323) 583-8811, Ext. 323 Vavendano@ci.vernon.ca.us 29 Key Terms MEDICAL/GENERAL TERMS Allowable Charge - The most that an in-network provider can charge you for an office visit or service. Balance Billing - Non-network providers are allowed to charge you more than the plan's allowable charge. This is called Balance Billing. Coinsurance - The cost share between you and the insurance company. Coinsurance is always a percentage totaling 100%. For example, if the plan pays 70%, you are responsible for paying the remaining 30% of the cost. Copay - The fee you pay to a provider at the time of service. Deductible - The amount you have to pay out-of-pocket for expenses before the insurance company will cover any benefit costs for the year (except for preventive care and other services where the deductible is waived). Explanation of Benefits (EOB) - The statement you receive from the insurance carrier that explains how much the provider billed, how much the plan paid (if any) and how much you owe (if any). In general, you should not pay a bill from your provider until you have received and reviewed your EOB (except for copays). Family Deductible - The maximum dollar amount any one family will pay out in individual deductibles in a year. Individual Deductible - The dollar amount a member must pay each year before the plan will pay benefits for covered services. In-Network - Services received from providers (doctors, hospitals, etc.) who are a part of your health plan's network. In-network services generally cost you less than out-of-network services. Out-of-Network - Services received from providers (doctors, hospitals, etc.) who are not a part of your health plan's network. Out-of-network services generally cost you more than in-network services. With some plans, such as HMOs and EPOs, out-of-network services are not covered. Out-of-Pocket - Healthcare costs you pay using your own money, whether from your bank account, credit card, Health Reimbursement Account (HRA), Health Savings Account (HSA) or Flexible Spending Account (FSA). Out-of-Pocket Maximum – The most you would pay out-of-pocket for covered services in a year. Once you reach your out-of-pocket maximum, the plan covers 100% of eligible expenses. Preventive Care – A routine exam, usually yearly, that may include a physical exam, immunizations and tests for certain health conditions. PRESCRIPTION DRUG TERMS Brand Name Drug - A drug sold under its trademarked name. A generic version of the drug may be available. Generic Drug – A drug that has the same active ingredients as a brand name drug, but is sold under a different name. Generics only become available after the patent expires on a brand name drug. For example, Tylenol is a brand name pain reliever commonly sold under its generic name, Acetaminophen. Dispense as Written (DAW) - A prescription that does not allow for substitution of an equivalent generic or similar brand drug. Maintenance Medications - Medications taken on a regular basis for an ongoing condition such as high cholesterol, high blood pressure, asthma, etc. Oral contraceptives are also considered a maintenance medication. Non-Preferred Brand Drug - A brand name drug for which alternatives are available from either the plan's preferred brand drug or generic drug list. There is generally a higher copayment for a non-preferred brand drug. Preferred Brand Drug - A brand name drug that the plan has selected for its preferred drug list. Preferred drugs are generally chosen based on a combination of clinical effectiveness and cost. Specialty Pharmacy - Provides special drugs for complex conditions such as multiple sclerosis, cancer and HIV/AIDS. Step Therapy - The practice of starting to treat a medical condition with the most cost effective and safest drug therapy and progressing to other more costly or risky therapy, only if necessary. DENTAL TERMS Basic Services - Generally include coverage for fillings and oral surgery. Diagnostic and Preventive Services - Generally include routine cleanings, oral exams, x-rays, sealants and fluoride treatments. Most plans limit preventive exams and cleanings to two times a year. Endodontics - Commonly known as root canal therapy. Implants - An artificial tooth root that is surgically placed into your jaw to hold a replacement tooth or bridge. Many dental plans do not cover implants. Major Services - Generally include restorative dental work such as crowns, bridges, dentures, inlays and onlays. Orthodontia - Some dental plans offer Orthodontia services for children (and sometimes adults too) to treat alignment of the teeth. Orthodontia services are typically limited to a lifetime maximum. Periodontics - Diagnosis and treatment of gum disease. Pre-Treatment Estimate - An estimate of how much the plan will pay for treatment. A pre-treatment estimate is not a guarantee of payment. 30 Important Plan Notices and Documents CURRENT HEALTH PLAN NOTICES Notices must be provided to plan participants on an annual basis are available in this benefits brochure and include: • Medicare Part D Notice Describes options to access prescription drug coverage for Medicare eligible individuals. • Women's Health and Cancer Rights Act Describes benefits available to those that will or have undergone a mastectomy. • Newborns' and Mothers' Health Protection Act Describes the rights of mother and newborn to stay in the hospital 48-96 hours after delivery. • HIPAA Notice of Special Enrollment Rights Describes when you can enroll yourself and/or dependents in health coverage outside of open enrollment. • Notice of Choice of Providers Notifies you about the plan's requirement that you name a Primary Care Physician (PCP). CURRENT PLAN DOCUMENTS Important documents for our health plan and retirement plan available on the company intranet and include: Summary Plan Descriptions (SPDs) A Summary Plan Description, or SPD, is the legal document for describing benefits provided under the plan as well as plan rights and obligations to participants and beneficiaries. The following Summary Plan descriptions are available: • City of Vernon’s Group Health Plan Summary of Benefits and Coverage (SBCs) A Summary of Benefits and Coverage (SBC) is a document required by the Affordable Care Act (ACA) that presents benefit plan features in a standardized format. The following SBC’s are available: • Blue Shield of California HMO • Blue Shield of California TRIO ACO HMO • Blue Shield of California PPO • Blue Shield of California HDHP Statement of Material Modifications This enrollment guide constitutes a Summary of Material Modifications (SMM) to the City of Vernon’s Group Health Plan. It is meant to supplement and/or replace certain information in the SPD, so retain it for future reference along with your SPD. Please share these materials with your covered family members. 31 Medicare Part D Notice Important Notice from the City of Vernon About Your Prescription Drug Coverage and Medicare Please read this notice carefully and keep it where you can find it. This notice has information about your current prescription drug coverage with The City of Vernon and about your options under Medicare’s prescription drug coverage. This information can help you decide whether or not you want to join a Medicare drug plan. If you are considering joining, you should compare your current coverage, including which drugs are covered at what cost, with the coverage and costs of the plans offering Medicare prescription drug coverage in your area. Information about where you can get help to make decisions about your prescription drug coverage is at the end of this notice. There are two important things you need to know about your current coverage and Medicare’s prescription drug coverage: 1. Medicare prescription drug coverage became available in 2006 to everyone with Medicare. You can get this coverage if you join a Medicare Prescription Drug Plan or join a Medicare Advantage Plan (like an HMO or PPO) that offers prescription drug coverage. All Medicare drug plans provide at least a standard level of coverage set by Medicare. Some plans may also offer more coverage for a higher monthly premium. 2. The City of Vernon has determined that the prescription drug coverage offered by the The City of Vernon is, on average for all plan participants, expected to pay out as much as standard Medicare prescription drug coverage pays and is therefore considered Creditable Coverage. Because your existing coverage is Creditable Coverage, you can keep this coverage and not pay a higher premium (a penalty) if you later decide to join a Medicare drug plan. When Can You Join A Medicare Drug Plan? You can join a Medicare drug plan when you first become eligible for Medicare and each year from October 15th to December 7th. However, if you lose your current creditable prescription drug coverage, through no fault of your own, you will also be eligible for a two (2) month Special Enrollment Period (SEP) to join a Medicare drug plan. What Happens To Your Current Coverage If You Decide to Join A Medicare Drug Plan? If you decide to join a Medicare drug plan, your City of Vernon coverage will be affected. See below for more information about what happens to your current coverage if you join a Medicare drug plan. Since the existing prescription drug coverage under Blue Shield of California of California is creditable (e.g., as good as Medicare coverage), you can retain your existing prescription drug coverage and choose not to enroll in a Part D plan; or you can enroll in a Part D plan as a supplement to, or in lieu of, your existing prescription drug coverage. If you do decide to join a Medicare drug plan and drop your City of Vernon prescription drug coverage, be aware that you and your dependents may not be able to get this coverage back. When Will You Pay A Higher Premium (Penalty) To Join A Medicare Drug Plan? You should also know that if you drop or lose your current coverage with The City of Vernon City of Vernon and don’t join a Medicare drug plan within 63 continuous days after your 32 current coverage ends, you may pay a higher premium (a penalty) to join a Medicare drug plan later. If you go 63 continuous days or longer without creditable prescription drug coverage, your monthly premium may go up by at least 1% of the Medicare base beneficiary premium per month for every month that you did not have that coverage. For example, if you go nineteen months without creditable coverage, your premium may consistently be at least 19% higher than the Medicare base beneficiary premium. You may have to pay this higher premium (a penalty) as long as you have Medicare prescription drug coverage. In addition, you may have to wait until the following October to join. For More Information About This Notice Or Your Current Prescription Drug Coverage… Contact the person listed below for further information. NOTE: You’ll get this notice each year. You will also get it before the next period you can join a Medicare drug plan, and if this coverage through The City of Vernon changes. You also may request a copy of this notice at any time. For More Information About Your Options Under Medicare Prescription Drug Coverage… More detailed information about Medicare plans that offer prescription drug coverage is in the “Medicare & You” handbook. You’ll get a copy of the handbook in the mail every year from Medicare. You may also be contacted directly by Medicare drug plans. For more information about Medicare prescription drug coverage: • Visit medicare.gov • Call your State Health Insurance Assistance Program (see the inside back cover of your copy of the “Medicare & You” handbook for their telephone number) for personalized help • Call 800-MEDICARE (800-633-4227). TTY users should call 877-486-2048. If you have limited income and resources, extra help paying for Medicare prescription drug coverage is available. For information about this extra help, visit Social Security on the web at socialsecurity.gov, or call them at 800-772-1213 (TTY 800-325-0778). Remember: Keep this Creditable Coverage notice. If you decide to join one of the Medicare drug plans, you may be required to provide a copy of this notice when you join to show whether or not you have maintained creditable coverage and, therefore, whether or not you are required to pay a higher premium (a penalty). Date: January 1, 2021 Name of Entity/Sender: City of Vernon Contact-Position/Office: Karina Rueda Address: 4305 Santa Fe Ave., Vernon CA 90058 Phone Number: (323) 583-8811 x325 33 Women’s Health and Cancer Rights Act If you have had or are going to have a mastectomy, you may be entitled to certain benefits under the Women’s Health and Cancer Rights Act of 1998 (WHCRA). For individuals receiving mastectomy- related benefits, coverage will be provided in a manner determined in consultation with the attending physician and the patient, for: • All stages of reconstruction of the breast on which the mastectomy was performed; • Surgery and reconstruction of the other breast to produce a symmetrical appearance; • Prostheses; and • Treatment of physical complications of the mastectomy, including lymphedema. These benefits will be provided subject to the same deductibles and coinsurance applicable to other medical and surgical benefits provided under this plan. Therefore, the following deductibles and coinsurance apply: [insert deductibles and coinsurance applicable to these benefits. If you would like more information on WHCRA benefits, call your plan administrator Newborns’ and Mothers’ Health Protection Act Group health plans and health insurance issuers generally may not, under Federal law, restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than 96 hours following a cesarean section. However, Federal law generally does not prohibit the mother’s or newborn’s attending provider, after consulting with the mother, from discharging the mother or her newborn earlier than 48 hours (or 96 hours as applicable). In any case, plans and issuers may not, under Federal law, require that a provider obtain authorization from the plan or the insurance issuer for prescribing a length of stay not in excess of 48 hours (or 96 hours). If you would like more information on maternity benefits, call your plan administrator. HIPAA Notice of Special Enrollment Rights If you decline enrollment in City of Vernon’s health plan for you or your dependents (including your spouse) because of other health insurance or group health plan coverage, you or your dependents may be able to enroll in City of Vernon’s health plan without waiting for the next open enrollment period if you: • Lose other health insurance or group health plan coverage. You must request enrollment within 30 days after the loss of other coverage. • Gain a new dependent as a result of marriage, birth, adoption, or placement for adoption. You must request [medical plan OR health plan] enrollment within 30 days after the marriage, birth, adoption, or placement for adoption. • Lose Medicaid or Children’s Health Insurance Program (CHIP) coverage because you are no longer eligible. You must request medical plan enrollment within 60 days after the loss of such coverage. If you request a change due to a special enrollment event within the 30 day timeframe, coverage will be effective the date of birth, adoption or placement for adoption. For all other events, coverage will be effective the first of the month following your request for enrollment. In addition, you may enroll in City of Vernon’s medical plan if you become eligible for a state premium assistance program under 34 Medicaid or CHIP. You must request enrollment within 60 days after you gain eligibility for medical plan coverage. If you request this change, coverage will be effective the first of the month following your request for enrollment. Specific restrictions may apply, depending on federal and state law. Note: If your dependent becomes eligible for a special enrollment rights, you may add the dependent to your current coverage or change to another medical plan OR health plan]. [Optional – not required under HIPAA but might be required by a carrier in order for the dependent to remain eligible for coverage under a plan option. Notice of Choice of Providers The Blue Shield of California HMO plans generally requires the designation of a primary care provider. You have the right to designate any primary care provider who participates in our network and who is available to accept you or your family members. Until you make this designation, Blue Shield of California designates one for you. For information on how to select a primary care provider, and for a list of the participating primary care providers, contact Blue Shield of California directly. For children, you may designate a pediatrician as the primary care provider. You do not need prior authorization from Blue Shield of California or from any other person (including a primary care provider) in order to obtain access to obstetrical or gynecological care from a health care professional in our network who specializes in obstetrics or gynecology. The health care professional, however, may be required to comply with certain procedures, including obtaining prior authorization for certain services, following a pre-approved treatment plan, or procedures for making referrals. For a list of participating health care professionals who specialize in obstetrics or gynecology, contact the Blue Shield of California directly. 35 Notes __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ 36 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 www.cityofvernon.org Rev. 11/24/2020 Exhibit 4 4 AlliantBenefits.com | Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. © 2020 Alliant Insurance Services, Inc. All rights reserved. CA License No. 0C36861. Compliance Webinar Leaves in the Era of COVID What Employers Should Know as Employees Manage Distance Learning, Hybrid Models, and School Closures As schools open, close and offer distance learning, federal, state, and local leave laws provide options for job-protected leaves. Many of these requirements are new and easily missed. Join us for a discussion on various new leaves for employees with children transitioning back to school, virtually or otherwise, as well as best practices to ensure compliance. Topics Covered •Families First Coronavirus Act Leaves •Key state mandates •Local ordinance examples •Employer PTO coordination •Best practices and recommendations Seats are limited. Register today! Presenters Kristine Blanco, J.D. Director of Compliance Kristine is an attorney and Director of Compliance for Alliant Insurance Services Employee Benefits Practice. She is a graduate of the University of Arizona, College of Law and has been working in employment law and employer health and welfare plan compliance since 2006. She is a frequest speaker on a range of employment law and employee benefits topics, most recently focused on COVID-19 issues impacting employers. Steven Ferenczy, J.D. Compliance Consultant As one of Alliant’s in-house compliance attorneys, Steven’s role includes monitoring employment and leave-related legislation, assisting internal staff and clients with compliance, and reviewing client policies and procedures. Steven previously practiced law at a national, management-side labor and employment law firm working with a broad range of clients. He holds a BA from Georgia State University and earned his law degree form Georgia State University’s College of Law. 11 a.m. Pacific 2 p.m. Eastern The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute’s criteria to be pre- approved for recertification credit. Alliant Insurance Services is recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CP® or SHRM-SCP®. This program is valid for one PDC for the SHRM-CP or SHRM-SCP. REGISTER NOW 1 EEOC Issues Updated Guidance Regarding COVID-19 Vaccines 2 Disclaimer: This material is provided for informational purposes only based on our understanding of applicable guidance in effect at the time and without any express or implied warranty as to its accuracy or any responsibility to provide updates based on subsequent de velopments. This material should not be construed as legal or tax advice or as establishing a privileged attorney-client relationship. Clients should consult with and rely on their own independent legal, tax, and other advisors regarding their particular situations before taking action. These materials and related content are also proprietary and cannot be further used, disclosed or disseminated without express permission. 1 Transparency Rules and Surprise Billing Protections July 2021 Introduction Recent federal legislation has included transparency provisions that apply to most group health plans as well as new protections against surprise billing. Although most of these rules were part of the Consolidated Appropriations Act of 2021 (the CAA), they build on and overlap with prior transparency rules issued by the Department of Labor (DOL), Health and Human Services (HHS) and Treasury ( the Departments) as well as significant state and federal efforts to curb surprise billing. For practical purposes, compliance with these requirements will fall to insurers and third party administrators (TPAs) by contract, but employers sponsoring self-funded plans are ultimately responsible for compliance and will need to make sure that TPAs and other partners can implement and administer these new rules. A summary of and timeline for these rules is provided below, with jump links to specific topics. Final Transparency Regulations Disclosure of Cost-Sharing Information to Enrollees on Request Required Disclosure Content Methods of Disclosure Public Disclosures of In-Network Rates and Out-of-Network Allowed Amounts Transparency Rules under the CAA In and Out of Network Deductibles and Out-of-Pocket Information Advanced Explanation of Benefits Price Comparison Tool Requirement Provider Directory Information Continuity of Care Prohibition on Gag Clauses Regarding Price and Quality Information Broker & Consultant Compensation Disclosure The No Surprises Act Emergency Services Non-Emergency Services Independent Dispute Resolution Process Healthcare Provider Requirements Air Ambulance Services Final Transparency Regulations On October 29, 2020, the Departments issued their final rule on transparency in health plan coverage. The final transparency rule complements a similar hospital transparency rule issued by HHS that requires hospitals to post standard charge information based on negotiated rates for common items or services effective on January 1, 2021 (recently upheld by the D.C. Circuit Court of Appeals). The final rule on transparency in health plan coverage generally has two parts. Insurers and non-grandfathered group health plans must: 2 1. Provide cost-sharing information to enrolled individuals through an online tool on their website and in paper form. As discussed below, this part of the rule will be phased in for plan years beginning in 2023 and is fully effective in 2024. 2. Publicly disclose pricing information in three machine-readable files for: (1) rates for in- network providers, (2) billed charges and allowed amounts for out-of-network providers, and (3) in-network prices for prescription drugs. This part of the rule will go into effect for plan years beginning in 2022. The final rule does not apply to grandfathered plans, excepted benefits, or account based plans like HRAs or H-FSAs. It does apply to all other group health plans, including church plans and non-federal governmental plans, as well as prescription drug plans. Disclosure of Cost-Sharing Information to Enrollees on Request Upon request, plans and insurers must disclose to current plan participants and beneficiaries (enrollees) estimates of cost-sharing for covered health care items and services from a particular provider. Items or services include encounters, procedures, medical tests, supplies, drugs, durable medical equipment, and fees (including facility fees). The goal is to enable enrollees (or their representatives), to obtain an estimate of out-of-pocket expenses in advance. As noted above, this disclosure requirement will be phased in, and cost-sharing information must be available for 500 listed items and services for plan years beginning on or after January 1, 2023 with information for all items and services available for plan years beginning on or after January 1, 2024. The Departments identify the 500 items and services (along with a plain language description and CPT code) in the preamble of the final rule. This disclosure is based on the structure of current explanation of benefits (EOB) notices. EOBs disclose a wide array of information including the amount billed, the in-network negotiated rate, allowed amounts for out-of-network providers, and the individual’s cost- sharing obligations. But unlike EOBs, which are provided to patients after services have been delivered, this advanced disclosure should help enrollees choose more cost effective options. The Departments acknowledge cost-sharing data will only be an estimate and will not necessarily reflect the amount that a patient is ultimately charged. Required Disclosure Content The final rule outlines seven content elements that a plan or insurer must disclose, upon request, to an individual. 1. Estimated Cost Share Liability. This is an estimate of the amount that the individual would be responsible for paying under the plan’s specific deductible, coinsurance, and copay structure. The estimated liability must be based on actual rates, allowed amounts, and individual- specific cost-sharing limits. It should also reflect any cost-sharing reductions. This estimate does not include premiums, balance billing amounts for out-of-network providers, or the cost of non-covered items or services. 2. Accumulated Amounts. This is the amount of cost-sharing that the individual (or family) has already paid towards the plan’s deductible or out-of-pocket maximum. The accumulated amount should also reflect any progress towards reaching a treatment limit (such as providing cost-sharing information based on the number of physical therapy visits already used relative to the plan’s cap on the number of visits for physical therapy that could be covered). 3. In-Network Rates. Where plans have specifically negotiated contract rates with specific providers those must be disclosed (note that balance billing is generally not permitted in- network). The Departments will require the disclosure of an in-network rate even if that rate 3 does not impact the individual’s cost-sharing liability. If the plan or insurer has no contractually agreed to rates or underlying fee schedule rates, it does not technically have a network and this element does not apply. If a plan has specifically negotiated an in-network rate with a provider as a percentage of Medicare or other formula the plan must disclose rates and fee schedules that result from such a formula as a specific dollar amount. With respect to prescription drug plans, cost sharing estimates provided through a standalone tool offered by a PBM or TPA will satisfy this element. 4. Out-of-Network Allowed Amounts. This is the allowed amount that a plan or insurer would pay for a covered item or service furnished by an out-of-network provider or any other calculation that provides a more accurate estimate of the amount the plan would pay (such as usual, customary, and reasonable rates). Again, this does not include balance billing amounts but if a plan uses a percentage of Medicare or other fixed formula the plan must disclose rates and fee schedules that result from such a formula as a specific dollar amount. A percentage can be disclosed instead of a dollar amount only if a plan reimburses out-of-network providers a percentage of billed charges. 5. Items and Services Content List for a Bundled Payment. This is a list of all covered items and services reflected in the cost-sharing estimate for a bundled payment arrangement. Plans and insurers do not have to list cost-sharing information separately for each covered item or service in the bundle. 6. Notice of any Prerequisites to Coverage. Plans and insurers must inform individuals that they may need to satisfy certain medical management techniques before the item or service will be covered. This list is limited to concurrent review, prior authorization, and step-therapy or fail- first protocols. 7. Disclosure Notice. This is a plain language notice that must include specific disclosures to inform individuals: (1) about the possibility of out-of-network balance billing that is not reflected in the cost-sharing estimate, (2) that actual cost-sharing may differ from the estimate, (3) that a cost-sharing estimate is not a guarantee of coverage, (4) whether copay assistance and other third-party payments count towards cost-sharing limits, and (5) that a recommended preventive service may be subject to cost-sharing if not billed as a preventive item or service. The balance billing statement is only required if balance billing is permitted under state law (balance billing is banned under some state insurance codes but this will be required for self-funded plans that cover out-of-network care). The final rule provides model language. Methods of Disclosure Plans and insurers will be required to disclose real-time cost-sharing estimates through a user- friendly online self-service tool and on paper. The online self-service tool must allow users to search for cost-sharing information for a covered item or service provided by a specific in-network provider or by all in-network providers by inputting: (1) a billing code (such as CPT 1 code 87804) or a descriptive term (such as “rapid flu test”), at the option of the user, (2) the name of the in-network provider, if the user seeks cost-sharing information with respect to a specific in-network provider, and (3) other factors utilized by the plan or insurer that are relevant for determining the applicable cost- sharing information (such as location of service, facility name, or dosage). It must allow users to search for an out-of-network allowed amount, percentage of billed charges, or other rate that provides a reasonably accurate estimate of the amount a plan or insurer will pay for a covered item or service provided by out-of-network providers by inputting: (1) a billing code or descriptive term, at the 1 Current Procedural Terminology. 4 option of the user, and (2) other factors utilized by the plan or insurer that are relevant for determining the applicable out-of-network allowed amount or other rate (such as the location in which the covered item or service will be sought or provided). Lastly, the tool must allow users to refine and reorder search results based on geographic proximity of in-network providers, and the amount of the participant’s or beneficiary’s estimated cost-sharing for the covered item or service. With respect to paper disclosures, all of the same information must be made available in plain language, without a fee, in paper form at the request of the enrollee. In responding to such a request, the plan or insurer can limit the number of providers to no fewer than 20 per request. The plan or insurer is required to: (1) disclose the applicable provider-per-request limit to the participant or beneficiary, (2) provide the cost-sharing information in paper form pursuant to the individual’s request, and (3) mail the cost-sharing information in paper form no later than 2 business days after an individual’s request is received. Public Disclosures of In-Network Rates and Out-of-Network Allowed Amounts In addition to individual enrollee disclosures, for plan years beginning on or after January 1, 2022 plans and insurers must publicly post three machine-readable files: (1) a file on all in-network rates (including negotiated rates, underlying fee schedules, or derived amounts) with in-network providers for all covered items and services, (2) a file on out-of-network allowed amounts and billed charges for covered items and services provided by out-of-network providers, and (3) a file on in-network negotiated rates and historical prices for prescription drugs. The rule further identifies specific requirements for each file, summarized below. Information must be updated monthly and made publicly available on an insurer’s or plan’s website free of charge, without having to log-in or otherwise submit identifying information. This data is intended to allow employers to negotiate better pricing but could also be used by out-of-network providers to better understand what percentage of a billed amount they are likely to receive. All three machine-readable files must be made available beginning in 2022. Payers and provider will need to amend contracts that include gag clauses or non-disclosure agreements in advance of this deadline. In-Network Rates. Where plans have contracts with providers creating in-network negotiated rates and reimbursements several data elements are required. First, plans and insurers must include their Health Insurance Oversight System ID (preferably at the 14-digit product level). If a plan or insurer does not have a HIOS ID, it must use the employer’s EIN. Next, specific billing codes (generally CPT, HCPCS, DRG, or NDC coding)2, with which providers, insurers and TPAs are all readily familiar. Lastly, all applicable rates and fee schedules must be reflected as dollar amounts for each covered item or service associated with every provider identified by their National Identifier and Place of Service Codes. This file would only include reference based pricing arrangements with a defined network (contracted providers accepting a specific rate or reimbursement that will not result in balance billing). Out-of-Network Billed and Allowed Amounts. Where plans cover items or services by providers without existing contractually agreed to rates, additional disclosures are required to reflect possible balance billing. As with the in-network file, this file must also include the plan’s HIOS ID (preferably at the 14-digit product level) or the employer’s EIN. Specific billing codes are also required and every provider must be identified by their National Identifier and Place of Service Codes. The additional disclosure required for the out-of-network file is historical data on billed charges and specific allowed amounts (the discrepancy is generally balance billed). The disclosure is specifically allowed amounts 2 Current Procedural Terminology (CPT) code, Healthcare Common Procedure Coding System (HCPCS) code, Diagnosis- Related Group (DRG) code, National Drug Code (NDC). 5 and billed charges covered for items or services furnished by out-of-network providers during the 90- day time period that begins 180 days prior to the publication date of the file.3 All of a plan’s allowed amounts must be reflected as actual dollar amounts (not as a percentage of either Medicare or an amount billed) to allow a direct comparison with a provider’s billed amounts. In-Network Prescription Drugs. Where plans cover prescription drugs a separate file is required for negotiated rates for prescription drugs. As with both files above, this file must include the plan’s HIOS ID or employer’s EIN and the National Identifier and Place of Service Codes for each in network provider. However, only the NDC specified by the Food and Drug Administration is needed to identify a specific drug. All negotiated rates must be reflected as actual dollar amounts associated with each pharmacy or network provider. Like the file for out-of-network historical data, this file also requires historical data during the 90-day time period that begins 180 days prior to the publication date of the file that applies to each NDC. However, historical data here is to account for rebates, discounts and charge backs as opposed to balance billing. Transparency Rules under the CAA As noted above, the CAA built on the final transparency rule by adding additional cost transparency provisions and requiring significant disclosures to participants. These provisions are effective for plan years beginning on or after January 1, 2022. Although there is some gray area with respect to applicability, it appears that the CAA transparency provisions discussed below regarding providing details on plan deductible and out-of-pocket limits as well as the requirement to provide an advanced EOB apply to grandfathered plans. The other provisions, including the price comparison tool, provider directory and continuation of care requirements, do not apply to grandfathered plans. None of the requirements appear to apply to excepted benefits, or account based plans like HRAs or H-FSAs. They do apply to church plans and non-federal governmental plans, as well as prescription drug plans. Clarifying guidance would be welcome. In and Out of Network Deductibles and Out-of-Pocket Information The CAA requires group health plans to provide, in clear writing, on any physical or electronic plan or insurance identification card the following information: (1) any deductible applicable to the plan, (2) any out-of-pocket maximum limitation applicable to the plan, and (3) a telephone number and website where the participant may seek consumer assistance information. The requirement to provide information on the ID card regarding “any” deductible or out-of-pocket limit includes both in- network and out-of-network deductibles and out-of-pocket limits. This requirement applies to grandfathered plans. Advanced Explanation of Benefits Next, the CAA requires group health plans to provide to participants or providers an advance explanation of benefits with cost estimates within one business day of a request, or within three business days if a service is scheduled at least 10 business days out, that includes the following information: • Whether or not the provider or facility is a participating provider or facility for the plan with respect to furnishing the item or service, • A participating provider’s contracted rate, • For a non-participating provider, information on how to obtain in-network provider access, 3 Plans and insurers may omit data in relation to a particular item or service and provider when the report of out-of-network allowed amounts would be for fewer than 20 different claims for payments under a single plan. 6 • A good faith estimate from the provider, • A good faith estimate of the plan’s coverage amount, the member’s cost-sharing, and any deductible and out-of-pocket requirements already met as of the date of the notice, • Explanation of any applicable medical management techniques, • A disclaimer that it is a good faith estimate on items/services reasonably expected to be furnished and subject to change, and • Any other valid disclaimers/information the plan deems appropriate to disclose. This requirement applies to grandfathered plans. Price Comparison Tool Requirement In addition to the disclosures described above, group health plans must also offer price comparison guidance by telephone and make available on their websites a price comparison tool that allows participants to compare the amount of cost-sharing for certain items and services among different providers. Note that this requirements is similar to the cost-sharing disclosure under the final rule. Future guidance is expected to address how these two requirements relate to each other and in what cases compliance with one requirement will be deemed to be compliance with both requirements. Provider Directory Information In order to ensure participants have up to date information on available in-network providers and facilities, the CAA requires that group health plans maintain and provide current information on their provider network. Specifically, group health plans must establish a process to verify provider directory information at least every 90 days and respond to participant questions within one business day. Group health plans must also provide information about the federal and applicable state law prohibitions and rules on balance billing, as well as contact information for appropriate state and federal agencies to report any issues. This information must be available on a public website. Notably, a participant who relies on a group health plan’s inaccurate provider directory will be responsible only for the in-network cost-sharing amount if they provide documentation they received incorrect information, with the plan being responsible for the balance. Continuity of Care Where a group health plan’s provider and/or facility network is disrupted as a result of contractual changes that impact participant access to or payment for certain providers and facilities, the group health plan is required to provide notice to each individual who is receiving “continuing care” from impacted providers and/or facilities of their right to elect transitional care with those providers or at those facilities. The notice must provide the individual the opportunity to notify the plan of the need for transitional care and the plan must then permit continued care under the same terms and conditions as would have applied had the changes to the plan’s network not occurred. Care will continue for 90 days beginning on the date the above referenced notice was provided, or until the individual is no longer a continuing care patient. A continuing care patient is defined as one who is: (1) undergoing a course of treatment for a serious and complex condition, (2) undergoing a course of institutional or inpatient care from the provider or facility, (3) scheduled to undergo non-elective surgery from the provide or facility, (4) pregnant and undergoing a course of treatment for the pregnancy, or (5) determined to be terminally ill and receiving treatment for such illness from such provider or facility. 7 Prohibition on Gag Clauses Regarding Price and Quality Information While not directly impacting participants, group health plans and their advisors should be aware that CAA rules also prohibit group health plans from entering into an agreement with a health care provider, network or association of providers, third-party administrator, or other service provider that would directly or indirectly restrict a group health plan from providing provider-specific cost or quality of care information, electronic access to de-identified claims and encounter information for enrollees in a plan, or sharing of the above information/data with business associates in accordance with HIPAA standards. Such restrictions are colloquially referred to as “gag clauses.” Group health plans are required to report compliance with this provision annually to HHS. This requirement was effective on enactment of the CAA (December 27, 2020. Plan sponsors and advisors will need to review TPA agreements for gag clauses and remove them. Broker & Consultant Compensation Disclosure The CAA added a new compensation disclosure requirements for brokers and consultants to ERISA covered group health plans for contracts entered into, extended or renewed on or after January 1, 2022 (absent further extension). Specifically, the CAA amends ERISA to require certain “covered service providers” (CSP) provide written information about their fees and services to a “responsible plan fiduciary.” The “responsible plan fiduciary” is a plan fiduciary with authority to cause a plan to enter into, extend, or renew a contract or arrangement for plan services. Failure to comply with the disclosure requirements means that the service arrangement is not reasonable and is therefore an ERISA prohibited transaction. A CSP is a service provider that reasonably expects to receive $1,000 or more in total direct or indirect compensation from the plan in connection with providing a “covered service” to an ERISA-covered group health plan. “Indirect compensation” is compensation received by a provider from a source other than the plan, plan sponsor or the CSP, while “direct compensation” is that paid by the group health plan. For purposes of group health plans, CSPs are limited to providers of certain brokerage and consulting services. Brokerage services provided to a covered plan are those with respect to selection of insurance products (including vision and dental), recordkeeping services, medical management vendors, benefits administration (including vision and dental), stop-loss insurance, pharmacy benefit management services, wellness services, transparency tools and vendors, group purchasing organization preferred vendor panels, disease management vendors and products, compliance services, employee assistance programs, or third party administration services. Consulting services are those related to the development or implementation of plan design, insurance or insurance product selection (including vision and dental), recordkeeping, medical management, benefits administration selection (including vision and dental), stop-loss insurance, pharmacy benefit management services, wellness design and management services, transparency tools, group purchasing organization agreements and services, participation in and services from preferred vendor panels, disease management, compliance services, employee assistance programs, or third party administration services. The disclosure must contain a description of the services to be provided, a statement of the entity’s fiduciary status, and a description of “compensation” received by the CSP for services. The term “compensation” is defined broadly to include anything of monetary value except for non-monetary compensation valued at $250 or less throughout the term of the arrangement. For indirect compensation, the disclosure must describe: (1) the payer of the indirect compensation; (2) the amount (or formula or estimate) of the indirect compensation; (3) the services for which the indirect compensation will be paid; and (4) the arrangement between the CSP (or its affiliate or subcontractor) 8 who receives the fees and the payer of the indirect compensation. Importantly, indirect compensation is defined as including compensation paid by a vendor to a brokerage firm based on a structure of incentives not solely related to the contract with the covered plan. Additionally, the disclosure must contain a description of compensation paid among the CSP, its affiliates and subcontractors if it is set on a transaction basis. Transaction-based compensation would include commissions, finder’s fees or other incentive-based compensation related to the contract for services. The disclosure must describe the services for which such “shared compensation” is paid, and identify each payer and recipient (including status of recipient as an affiliate or subcontractor). Lastly, the disclosure must describe any compensation expected to be received in connection with the termination of the contract or arrangement as well as the manner in which compensation will be received. For new and ongoing arrangements, the disclosure must be made reasonably in advance of the date that any contract or arrangement for brokerage or consulting services is entered into, extended or renewed. Also, if the compensation information initially provided changes over time, an update must generally be provided within sixty-days. A CSP must also act in good faith to correct any errors or omissions as soon as possible, but no later than 30 days after discovery of the mistake. The No Surprises Act The CAA included groundbreaking protections against surprise billing for emergency services, air ambulance services and certain services provided by a nonparticipating provider at a participating facility under the No Surprises Act (the Act). These provisions are effective for plan years beginning on or after January 1, 2022. They apply to both grandfathered and non-grandfathered group health plans, including church plans and non-federal governmental plans, as well as prescription drug plans. The Act does not apply to excepted benefits, or account based plans like HRAs or H-FSAs. Importantly, state law prohibitions on balance billing (generally applicable to insured plans) that are more stringent than those under the Act will also continue to apply. The Departments) also issued Interim Final Rules on the Act, in addition to a Fact Sheet and Model Notice for inclusion with Explanations of Benefits (EOBs) and on public websites of group health plans and insurers. Emergency Services Under the Act, insurers and plans that cover emergency services cannot require prior authorizations for those services regardless of whether the health care provider furnishing such services is a participating provider or a participating emergency facility. The Act defines a participating provider or facility as one with which the plan has a direct or indirect contractual relationship with respect to furnishing a particular item or service, and a nonparticipating facility or provider as one where there is no existing contractual relationship (commonly referred to as in-network or out-of-network). Next, if emergency services are provided to a participant by a nonparticipating provider or at a nonparticipating emergency facility: (1) there cannot be any requirements or limitations on coverage that are more restrictive than if the services were provided by a participating provider or emergency facility, (2) cost sharing cannot be greater than if the services were provided by a participating provider or emergency facility, (3) cost sharing must be calculated as if the total amount that would have been charged by a participating provider or emergency facility was equal to the “recognized amount” for the services, and (4) any participant cost sharing must be applied towards any plan deductible and out-of-pocket maximums. The recognized amount is the “qualifying payment” as determined for a service for a given year. A qualifying payment will generally be the median of contracted rates. The 2019 rates would set the 2022 amount (indexed by the Consumer Price Index) for the same or a similar service in the same geographic area. Rates for plans not in existence in 2019 would be based on contracted rates for 9 services to be furnished in the first year. Subsequent regulations on how plans determine what constitutes a qualifying payment also must be issued by July 1, 2021. State laws establishing required payments will also govern and are not superseded. A group health plan or insurer that receives a bill for emergency services provided by a nonparticipating provider or at a nonparticipating emergency facility must issue a notice of denial of payment or make an initial payment within 30 days after a bill is transmitted. The total payment is then calculated and billed later if the parties do not dispute the amount. Note that emergency services can, under certain circumstances, also include services furnished after the patient is stabilized and as part of outpatient observation if connected to the underlying emergency service. Non-Emergency Services Certain items or services furnished by a nonparticipating provider during a visit to a participating facility are also regulated under the Act. Unless the nonparticipating provider gives notice and gets patient consent (discussed below) the following rules, similar to those governing emergency services, apply: (1) cost sharing cannot be greater than if the services were provided by a participating provider, (2) cost sharing must be calculated as if the total amount that would have been charged by a participating provider or emergency facility was equal to the “recognized amount” for the services, (3) the plan must issue a notice of denial of payment or make an initial payment within 30 days after a bill is transmitted, with the total payment subsequently calculated and billed later, and (4) any participant cost sharing must be applied towards any plan deductible and out-of-pocket maximums. Independent Dispute Resolution Process The Act also provides a formal Independent Dispute Resolution (IDR) process to resolve disputes regarding out-of-network rates and payments. Under this IDR process either party (the plan or provider/facility) can initiate Open Negotiations during a 30-day period starting from the date the denial or initial payment is received. The Open Negotiations period is 30 days. Where there is no resolution at the end of that period either party has four days to initiate an Independent Review by sending a notification to the other party and the Secretary of the applicable federal department (the Department of Labor for ERISA plans). The remainder of this process and the certification of entities to conduct Independent review will be the subject of subsequent rulemaking. The Act gives the Departments one-year from enactment (generally, late December 2021) to establish by regulation the IDR process under which a provider or facility or group health plan can make an appeal to a Certified IDR Entity that will conclusively determine the amount of the required payment under the rules of the Act. Subsequent regulations with address how entities become certified. The parties generally will have three days to agree on a Certified IDR Entity or the Secretary will assign an Entity within 6 days. Ten days after selection, each party must submit a payment offer with supporting information. The Certified IDR Entity is required to make a formal determination within 30 days of selection. Interestingly, the Act includes listed additional factors that the IDR Entity can consider, such as the expertise of the provider and the market share of the facility. It also includes an express prohibition of certain factors including, usual and customary charges and the payment amount by a public provider, specifically Medicare, TRICARE or CHIP reimbursement rates. The IDR determined payment must be made within 30 days of the rendering of that determination. Certified IDR decisions are binding and not subject to judicial review absent evidence of corruption, fraud, misconduct, or exceeding the scope of their authority. The losing party (whose offer was not chosen) is responsible for paying the costs of the IDR process. 10 Healthcare Provider Requirements Limitations on out-of-network billing and plan payments do not apply if a provider satisfies specific notice and consent requirements under the Act. If a participant makes an appointment 72 hours in advance, on the date of the appointment the provider must furnish a written notice (paper or electronic) in a format to be determine by regulations (by July 1, 2021) that includes a required consent to services, and the following information: • Notice that the provider or facility is nonparticipating (or out-of-network), • A good faith estimated amount that the provider or facility will charge, • In the case of a nonparticipating provider at a participating facility, a list of other participating providers at the facility able to perform the service, and • Information on whether a prior-authorization or any other medical management limitation may apply in advance of receiving the care. The notice and consent document must be available in the 15 most common languages in the geographic region. Beginning January 1, 2022, providers and facilities are also subject to a new notice and posting requirement under the Act. Providers and facilities must post on their websites, and provide to participants, a one-page notice including: (1) information on prohibitions on balance billing under the Act, (2) any state law requirements on amounts providers or facilities can bill when they are nonparticipating (out-of-network), and (3) the appropriate state and federal agencies to contact with possible violations of those provisions. Penalties for violations are up to$10,000 per occurrence. Air Ambulance Services The Act also addresses Air Ambulance bills, which generated a lot of the initial controversy surrounding balance billing. Where a participant receives services from a nonparticipating Air Ambulance provider: (1) cost sharing cannot be greater than if the services were provided by a participating provider, (2) any participant cost sharing must be applied towards any plan deductible and out-of-pocket maximums, and (3) the payment process, Open Negotiation, and IDR rules discussed above governing payments and disputes apply. Note that other factors are subject to consideration in the Air Ambulance IDR process, including but not limited to, Air Ambulance vehicle type and population density of the pick-up location. Air Ambulance providers are also required to submit detailed information to the Departments of Health and Human Services and Transportation on their fleet, operations, and services. Importantly, group health plans and insurers are also required to submit information to the Departments of Labor and Treasury on: (1) claims data for Air Ambulance services, (2) whether services were furnished on an emergency or non-emergency basis, (3) details on the affiliation of the provider of those services (e.g., hospital, municipal, private), (4) whether services were for a rural or urban location, (5) the type of aircraft used, and (6) whether the Air Ambulance provider has a contract with the plan or insurer. Provider, insurer, and group health plan reports are due 90 days after the end of the first calendar year to which the Act applies. Subsequent rulemaking will be required to clarify the reporting process as well as submission deadlines and frequency. Conclusion These sweeping new transparency requirements and patient protections will impact providers in addition to employers, insurers and TPAs. Compliance with all of these requirements should fall to insurers and TPAs (by contract), but employers that sponsor self-funded plans will ultimately remain Alliant Employee Benefits Compliance » 6/18/2021 The Affordable Care Act Survives Another Challenge On June 16, 2021, the Unites States Supreme Court upheld the Affordable Care Act (ACA) in the case of Texas v. United States (now referred to as California v. Texas). The challenge brought by Texas and other Republican-dominated states alleged that the entirety of the ACA was invalid as a result of the elimination of the individual mandate penalty under the 2017 Tax Cuts and Jobs Act. With a 7 to 2 vote, the Court held that these states did not have standing to bring the challenge to court. In layman’s terms, because the plaintiff-states were not required to pay anything under the individual mandate provision of the ACA they could not show injury, and, therefore, could not challenge the legality of that issue. This result is not unexpected. During oral arguments held in November of last year, the Court primarily focused on standing and severability, or why other provisions of the ACA could not survive without the individual mandate, indicating that the ACA was likely to survive. Although there could be additional challenges to the ACA if interested parties can show adequate injury, for now this ruling maintains the status quo. The decision is available in full here. Understanding the Compliance Risks When Engaging New Vendors or Adding New Products to a Group Health Plan We are seeing many new vendors and products enter the group health plan space. Most commonly, these are carved out, remote care arrangements that include, but are not limited to, concierge care, telemedicine, and mental health supplements (e.g., Talkspace, Modern Health, Lyra). Some vendors understand what an employer/plan sponsor’s compliance obligations are under HIPAA, ERISA, COBRA and the ACA, while others do not understand this complex regulatory landscape. When considering a new vendor or new product to add to a group health plan, such as a fertility offering or new mental health platform, it is critical to confirm that the vendor understands and can support a plan sponsor’s compliance obligations. The only way to effectively do this is to ask them for a detailed statement of compliance. Such a statement should at a minimum address whether the offering provides medical care (making it subject to ERISA and COBRA), is an excepted or non-excepted benefit (this determines whether it is subject to ACA market reforms and, in turn, whether it can only be offered to major medical enrollees or a broader population), and whether it is considered insured or self-funded (claims paid for by an employer’s general assets). Moreover, if an offering provides medical care, the statement of compliance should detail the vendor’s approach to COBRA and ERISA plan document, reporting and disclosure obligations. If a vendor does not understand these, and other, compliance obligations or does not have a formal statement of compliance, employer/plan sponsors should be wary of proceeding and discuss this risks of engagement with their own counsel. Our updated Remote Care Compliance Chart addresses these and other compliance considerations. Note that failings in any of these critical areas cannot be fixed on the backend by the client or the Alliant account management team. FAQ of the Week Q. How do I calculate the PCORI fee for a partial year? A. When a health plan changes funding (from fully insured to self-insured or self-insured to fully-insured) or has a short plan year due to plan termination (note that if an ongoing plan has a short plan year it will generally pay PCORI twice), determining the average number of covered lives for both PCORI fee becomes more complicated. The Actual Count method for determining the average number of covered lives will automatically get an accurate average. However, the Snapshot or Snapshot Factor Method may not have covered lives for an entire quarter and could, due to the selection of dates, result in a greater or lesser number of covered lives. To avoid this result, if a plan that uses the Snapshot or Snapshot Factor Method had enrollees on any day during a quarter it must choose a set of Snapshot dates with enrollees. However, the count for a date in a quarter in which the plan was either not in existence or not self-funded for the entire quarter can be reduced by a factor reflecting the amount of time during the quarter that the plan did not have enrollees. For example, a plan that terminates on August 31st (62 days into the third quarter) would not be permitted to use September 1st as the date for the third quarter but it can reduce its count of covered lives for the third quarter by 30/92, the proportion of the quarter during which the plan had no enrollment. This reduction factor only applies to a new plan, a terminating plan, or a plan that changes funding options that wants to use the Snapshot or Snapshot Factor Methods to determine its’ average number of covered lives. For information see our PCORI fees Insight. Happy Friday!! Compliance team Alliant Insurance Services, Inc. © 2021 All rights reserved. CA License No. 0C36861. 11 responsible for compliance. Plan sponsors should become familiar with these new obligations and engage with their insurers and TPAs to make sure that these partners intend to facilitate group health plan compliance. Rev. 06-2021 © 2021 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 Disclaimer: This material is provided for informational purposes only based on our understanding of applicable guidance in effect at the time and without any express or implied warranty as to its accuracy or any responsibility to provide updates based on subsequent developments. This material should not be construed as legal or tax advice or as establishing a privileged attorney-client relationship. Clients should consult with and rely on their own independent legal, tax, and other advisors regarding their particular situations before taking action. These materials and related content are also proprietary and cannot be further used, disclosed or disseminated without express permission. Exhibit 5 5 When it comes to protecting yourself from sun damage, do you know fact from fiction? Review the basics from the American Cancer Society and CDC. Fiction: You don’t need to wear sunscreen when outdoors on cloudy days. Fact: Up to 80% of the sun’s UV (ultraviolet) rays can penetrate clouds. Unless it’s raining heavily, your skin can burn if overexposed to UV rays. Tip: Remember that sunscreen is just a filter — it does not block all UV rays. Fiction: One application of sunscreen will provide several hours of protection outdoors. Fact: The best prescription is to apply one ounce of broad-spectrum sunscreen with a sun protective factor (SPF) 30 to your entire body and reapply every two hours, especially after swimming or sweating. Tip: Sunscreen products can only be labeled broad spectrum if they have been tested and shown to help screen both UVA and UVB rays. Fiction: Sunscreens labeled as water-resistant only need to be applied once while sweating or swimming. Fact: Water-resistant sunscreens must be reapplied at least every two hours. These sunscreens must state whether they protect the skin for at least 40 or 80 minutes of swimming or sweating. There’s no such thing as a waterproof sunscreen — they all wash off eventually. Tip: Most sunscreen products are good for two to three years; check expiration dates. Fiction: Getting a base tan at an indoor tanning salon is a good way to prevent sun damage when outdoors. Fact: A base tan provides little protection from sunburn — any tanning, indoors or out, injures your skin. Sun Safety: Get the Facts You may be especially sensitive to UV damage if you have: a family history of skin cancer; fair skin; or many moles, irregular moles, or freckles. Learn more at cancer.org. World Hepatitis Day is every July 28 to raise awareness about this leading cause of death worldwide. Nearly 300 million people have it and don’t know it. Hepatitis viruses cause inflammation of the liver that leads to serious illness. There are five primary forms of hepatitis. You can get involved at worldhepatitisday.org. And learn more about hepatitis at cdc.gov/ hepatitis. July is National Recreation and Park Month, a time to recognize those people working to help protect and preserve our open community sites across the U.S. With their efforts, we can enjoy walking our trails, camping sites, taking fitness classes or swimming at community centers, along with reaping the benefits of clean air and water. Learn more at nrpa.org/events/july. Anyone can suffer from mental disorders, which include depression, anxiety, bipolar and many others. Too many people struggling with poor mental health don’t get or seek help. During Minority Mental Health Awareness Month, the focus is recognizing and improving care for underrepresented communities. Learn more about this annual event at nami.org. Mobile devices are providing new ways to access help, monitor progress and increase understanding of mental well-being; for example, anyone who can text can contact a crisis center. Note: Due to production lead time, this issue may not reflect the current COVID-19 situation in some or all regions of the U.S. For the most up-to-date pandemic information visit coronavirus.gov.July 2021LIVE WELL, BE WELL ® BEST bits heal thobservan ceDon't go through life, grow through life. — Eric Butterworth heal thobservan ceheal thobservan ceThe Smart Moves Toolkit, including this issue’s printable download, Sunscreen: The Real Cover-Up, is at personalbest.com/extras/21V7tools. When Adult Kids Move In Grown children moving in with their parents is no longer unusual. In fact, the number of young adults living with one or more parents has surpassed the number living in multi-generational households during the Great Depression, according to Pew Research. There are numerous reasons why adult children return home, including a job loss, apartment woes or a relationship breakup. While the new living situation may be fine for a while, it can disrupt the parents’ home life and cause stress for all family members. Use these tips to help you and your adult kids adjust more comfortably to your new living arrangement: • Set a mutually agreed-upon rent for room and board. If your grown child is unemployed, encourage them to look for work and, in the meantime, to help with chores and errands. • Set limits. If you’re looking forward to retiring or downsizing, make it clear the living arrangement can’t last forever and work out a timetable. • Respect each other as adults. Your grown kids shouldn’t treat your home like a dormitory or expect you to provide all their meals. And parents shouldn’t expect their adult children to have a curfew. • Don’t wait until there’s an argument to set some rules. For example, make it clear if you don’t allow smoking in your home. Let them know your bedtime should be respected (no loud music or guests after a certain time). Did you know? Seasonal affective disorder (SAD) can occur in the summer. Though less common than the winter version, many people do develop summer depression. Symptoms include poor appetite, weight loss, insomnia, restlessness and anxiety. Early, accurate diagnosis is important to ensure you get proper treatment. If you suspect summer depression, consult a health care provider familiar with this condition. Treatment may include medication, counseling and changing your sleep schedule. Lifestyle changes can also help: Maintain healthy eating, exercise consistently and don’t overbook — find time to relax and do things you enjoy daily. — Eric Endlich, PhD Nearly 100 million Americans suffer from chronic, persistent pain, according to the American Academy of Pain Medicine. Pain is the most common symptom that sends us to our health care providers, yet it is hard to define. The sensation of pain involves communication among your nerves, spinal cord and brain. Some of the most common types of chronic pain are due to headache, arthritis, nerve damage, cancer, lower back pain, and pain after surgery or trauma. If you suffer chronic pain, you may find that your daily discomfort leads you to withdraw from socializing. Over time, pain can weaken your physical and mental strength and social relationships and further reduce your ability to cope. As a result, many chronic pain sufferers also suffer depression. Chronic Pain and the Brain The good news is, effective therapies can help improve your well-being: Cognitive behavioral therapy is a well-established treatment for anxiety and depression. It’s also a very effective way to treat and control chronic pain. Therapists use it to help patients learn coping skills so that they can actively manage, rather than be victimized by, their pain. For example, patients might try participating in activities to help improve physical function and distract themselves from focusing on the pain. Relaxation training techniques help people relax and reduce stress; techniques include progressive muscle relaxation, yoga and meditation. Routine physical exercise, according to abundant research, is very helpful for boosting mood and reducing anxiety. Research suggests that aerobic exercise can be especially helpful for improving overall well-being and physical function in patients with some types of chronic pain. Mindfulness meditation practice has recently been shown to reduce a person's pain experience. Some participants have been able to reduce or even eliminate pain medications through ongoing daily practice. Consider support groups. Meeting with other people who have chronic pain offers a way to understand, share and explore other methods of coping with pain — and can help you feel less alone. To learn more, search for support groups at theacpa.org. PB4.U® 7.2021 : Live Well, Be Well PB4.U® 7.2021 : Live Well, Be Well dollars sense Food Waste No More Ready for a shocking statistic? It’s estimated that between 30% to 40% of the U.S. food supply is wasted — that’s more than $240 billion worth of food. About a third of this food waste could be rescued and sent to communities in need. While this problem includes waste at the farm, factory, restaurant and grocery level, there’s also plenty of food wasted in homes across North America. The average family wastes $1,866 worth of food each year. Here are some tips to help you waste less food at home. • Plan ahead: Organize the week’s meals and shop with a grocery list of what you need. • Keep track: Watch how much you toss each week and adjust your shopping habits as needed. • Stay organized: Keep similar foods together so you can take a quick inventory of what you need before you shop. • Use leftovers: Plan your next meal around leftovers so they don’t end up in the trash. • Rely on the freezer: Frozen food stays fresh longer. Store bread, meat, poultry, fish and certain vegetables and fruits in the freezer. • Learn about best if used by dates: Don’t toss food based on the date stamp. It indicates when the nutritional value starts to decrease, not when the product expires. • Strategize with freshness: Eat foods based on how quickly they spoil. Enjoy berries and leafy greens first, and store hardier apples and carrots until the end of the week. • Give foods a second chance: Don’t toss bruised or day-old foods. Make bread into croutons, and freeze ripe fruit for baking, oatmeal or smoothies. • Compost: Peels from fruits and vegetables can be composted and used for personal gardening. By Cara Rosenbloom, RD These simple tips can help you save money and reduce waste. Growing Net Worth 101 By Jamie Lynn Byram, PhD, AFC In personal finance, net worth is a common term. Net worth is equal to what you own (assets) minus what you owe (liabilities). Growing your net worth isn’t difficult; it just takes focus and commitment. Take these steps to grow your assets: 1. Paying off debts will strengthen your net worth. Focus on high- interest-bearing debt first; pay more than your minimum payment to speed up the process. 2. Contribute as much as possible to your retirement accounts. Many employers have matching programs that you should maximize. As your accounts grow in value, so does your net worth. 3. Build an emergency cash fund. Money set aside for emergencies will increase and protect your net worth. And you can avoid using a credit card and adding debt. 4. Keep cash for savings and emergency funds in interest- bearing accounts. Only hold what is necessary for monthly expenses in your non-interest-bearing accounts. Move all other funds to a savings account that earns interest. Compound interest is your friend. 5. Track your spending. Knowing where you spend money can help you control overspending. And the less you spend, the greater your net worth. easy recipe Makes 4 servings. Per serving: 152 calories | 4g protein | 9g total fat | 2g saturated fat 6g mono fat | 1g poly fat | 16g carbohydrate | 9g sugar | 4g fiber | 159mg sodium Summer Salad with Blueberries In a large serving bowl, combine spinach, cabbage and blueberries. Using a blender or small food processor, blend together ¼ cup feta, vinegar, oil and shallot. Pour dressing over salad and toss to coat. Serve topped with 1 tbsp crumbled feta. 6 cups baby spinach 2 cups chopped red/purple cabbage 2 cups blueberries or other berries ¼ cup + 1 tbsp feta cheese, crumbled 2 tbsp apple cider vinegar 2 tbsp extra-virgin olive oil 1 tbsp chopped shallot — Elizabeth Smoots, MD Q: What is juvenile arthritis? PB4.U® 7.2021 : Live Well, Be Well Stay in Touch Keep those questions and suggestions coming! Phone: 800-871-9525 Fax: 205-437-3084 Email: PBeditor@ebix.com Website: www.personalbest.com Executive Editor: Susan Cottman • Advisers: Patricia C. Buchsel, RN, MSN, FAAN; Jamie Lynn Byram, MBA, AFC, MS; Eric Endlich, PhD; Mary P. Hollins, MS, JD, CSHM; Kenneth Holtyn, MS; Reed Humphrey, PhD; Gary B. Kushner, SPHR, CBP; Diane McReynolds, Executive Editor Emeritus; Zorba Paster, MD; Charles Stuart Platkin, PhD; Cara Rosenbloom, RD; Elizabeth Smoots, MD, FAAFP; Margaret Spencer, MD • Editor: Aimie Miller • Designer: Heather Burke The content herein is in no way intended to serve as a substitute for professional advice. Sources available on request. © 2021 Ebix Inc. All rights reserved. Unauthorized reproduction in any form of any part of this publication is a violation of federal copyright law and is strictly prohibited. Personal Best® 1 Ebix Way, Johns Creek, GA 30097 • 800-871-9525 • fax 205-437-3084. EXPERT advice Juvenile arthritis, also known as pediatric rheumatic disease, is the medical term for many different inflammatory and rheumatic conditions that affect children age 15 years or younger. Most of these conditions are autoimmune. This means the body’s immune system acts in abnormal ways to attack and damage healthy cells in the body. Juvenile arthritis may cause a variety of symptoms. Common ones include joint swelling, redness, pain and tenderness. Sometimes juvenile arthritis can affect the skin, eyes or internal organs without any joint symptoms. The cause usually involves environmental factors and heredity. Tests and a physical exam can help a primary care provider or rheumatologist diagnose juvenile arthritis. There is no cure. But early diagnosis and treatment can decrease symptoms and minimize disease activity. It can also help avoid joint and organ damage and prevent progression of juvenile arthritis. A: Take the Sting Out of Outdoor Work If you work outdoors, chances are you will encounter a stinging insect. While insect stings can hurt, sometimes they can also cause severe reactions. Be prepared and protect yourself with these tips: Wear clean, light-colored, smooth clothing. Long sleeves and long pants are strongly suggested. Tuck pants into socks or boots. Avoid wearing cologne, perfume, scented lotions or scented deodorants. Look over your work area before you start for hives and ant mounds. Stay away from flowering plants, if possible. Keep your work area clean. Clean up especially after lunch as insects are attracted to discarded food. Carry an epinephrine auto-injector and wear a medical ID bracelet stating your allergy if you have severe allergic reactions to insect stings. Take care when lifting things off the ground. You could be disturbing ground bees or ant mounds. Caution: Never disturb ant mounds (especially in a fire ant-infested area). Seek immediate medical attention if a sting causes severe chest pain, nausea, profuse sweating, breathlessness, serious swelling or slurred speech. Smartphone tendonitis is linked to excessive time typing, scrolling and tapping, especially with thumbs. Symptoms include pain, swelling and sometimes limited use of the hand or wrist. Irritation and swelling of the thumb’s flexor tendon can cause trigger thumb, a painful locking of the thumb. If you have swelling, stiffness or pain in your hand, wrist or thumb, talk to your health care provider. Tendonitis can often be treated with rest, ice and anti-inflammatories, as well as a wrist brace, if necessary. Exhibit 6 6 Patricia Moore First Vice President Client Executive & Benefits Consultant Pat will work with the City to review the established goals of the Employee Benefits program and design solutions and strategies to achieve those objectives. She has significant experience whether it is in the area of plan design, funding or carrier consolidation/replacement. Pat has over 25 years of group insurance experience specializing in large employers. Prior to joining Alliant, Pat was the Market President for Humana in six western states. She is recognized in the industry as a subject matter expert in Self-Funding/Short Term Disability and Voluntary Benefits. Pat is a member of LAAHU where she was named Woman of the Year in 2010. She is active in many industry organizations including SHRM and the National Human Resources Association. She is past president of Employee Benefits Planning Association. Patricia joined Alliant in 2010. Kim Hauk Vice President Account Executive As Account Executive, Kim is responsible for collaborating with the Consultant on the development and execution of client centered strategies. Kim directs a multi- disciplined service team requesting assistance from specialty resources, such as a Compliance, Communications or Health & Productivity Consultant, when necessary. Kim has the ultimate responsibility of establishing a multi-year strategic plan for clients, which includes maintaining/driving a client calendar, ensuring compliance of the benefit plan, managing financials, negotiations, presenting renewals and suggested alternatives to Executives, Boards or Committees, as well as strategically guiding clients through the decision making process. Kim will also maintain ownership of all client deliverables as well as lead the service team in the implementation and execution of a strategic plan, renewal or marketing. In addition, she manages vendor relationships, implementations, and open enrollment. Kim brings with her over 28 years of employee benefits experience to our team. Prior to joining Alliant, Kim was with Carpenters Southwest Administrative Corporation as Administrator for a health and pension trust for over 40,000 employees and also worked as an Account Executive for a third party administrator. Kim has significant experience working with unions and the collectively bargained environment and is well versed in compliance with employee benefit related legislation. Kim is a certified Group Benefits Associate. Bridgette Rodriguez Account Associate As Account Associate, Bridgette is responsible for supporting the service team with the administration and servicing of clients. Bridgette assists with planning health fairs, coordinating open enrollment and conducting meetings, supporting implementations, developing benefit communication pieces, as well as reviewing plan documents and summaries to identify errors and ensure appropriate corrections as made. Bridgette is the day-to-day contact for clients responding to any inquiries. Bridgette assists in investigating any service, billing, or claims issues and facilitates claims resolution with client, employees, and carriers. In addition, Bridgette meets with clients to discuss administration and billing procedures. Bridgette has been in the Benefits industry since 2005 and with Alliant since 2017. Theresa Vu Benefits Analyst As Benefits Analyst, Theresa Vu is responsible for assisting the Account Executive in processing renewals, conducting and analyzing marketing, preparing financial summaries and providing general technical support. She will work with the team in selecting markets for solicitation. She is responsible for performing a thorough analysis of market proposals for verification of benefits, premiums and competitiveness. Responsibilities include analysis of technical data, review and negotiations, as well as strategic planning for benefit plan changes. She also has responsibility in assessing each carrier’s underwriting philosophy and determining the appropriateness for Alliant clients. Theresa has been in the Benefits industry since 2014 and with Alliant since 2017. She graduated from the University of California, Irvine with a Bachelor’s degree in Business Economics. Her previous work experience includes Farmers Insurance. Scott McClave, CSFS Underwriting Consultant As head of underwriting, Scott provides underwriting, forecasting and risk analysis services to all group insurance plans. He currently consults to a number of large clients and pooled risk programs, underwriting and managing risk for over $1 billion in health claims liability. Additionally, Scott serves as senior benefits analyst, providing services and analysis regarding strategic plan design and benefit program structure. Scott has over 15 years of group insurance experience and began his career at Texas Instruments as a financial analyst, then moving to CIGNA HealthCare as an underwriter and unit manager. During this time, he worked as lead underwriter on new product launches as well as redesigning and creating a number of pricing models. Scott brings excellent analytical skills and financial forecasting to our team. He has a firm understanding of managed care, pricing models, pharmacy carve-outs, alternate funding and risk structures, risk hedging techniques and trends in the health and welfare markets. Scott is currently pursuing associate-level membership to the Society of Actuaries. He participates in industry-leading organization events such as SIIA and LOMA and is a Certified Self-Funded Specialist (CSFS). He holds Bachelor’s degrees in Finance, International Business and German. Scott has been in the industry since 2002. Niti Thai Health and Productivity Consultant Niti is responsible for researching, developing and recommending strategies and initiatives that would best enhance clients’ health and productivity. She works closely with the service team in assisting their clients in the design, development and delivery of the most appropriate health and productivity initiatives and programs. She assists clients in identifying opportunities and then strategizing solutions for improved health and productivity within the workforce. She works to utilize Alliant’s current wellness resources, as well as help expand the tools and resources necessary to support the Alliant client. She keeps abreast of industry best practices, vendor technology and program communications. Niti has over 10 years of experience in the corporate wellness field. She is experienced in a range of wellness programs as she has worked both for direct clients, vendors as well as brokers. Prior to joining Alliant Insurance Services, Inc., she worked at Johnson & Johnson, Northrop Grumman and other insurance brokerage firms in the orange county area. Niti has a Bachelor’s degree in Kinesiology: Exercise Science from California State University, San Bernardino and a Master’s Degree in Health Promotion from California University of Pennsylvania. Currently she is pursuing her PhD in Public Health with a concentration on childhood obesity. Niti has been with Alliant since 2017. Kristine Blanco, J.D. Senior Vice President, Director of Compliance & EB Counsel Kristine K. Blanco is an attorney and the Director of Compliance for Alliant Insurance Services Employee Benefits practice. Kristine is a graduate of the University of Arizona, College of Law and has been working in employer health and welfare plan compliance since 2006. She is experienced in a broad range of employee benefits topics, including HIPAA, ERISA, COBRA, and the ACA. Kristine previously practiced law at a national, management-side labor and employment law firm. While in private practice, Kristine provided counsel to a broad range of clients and represented them before governmental agencies and in state and federal courts. She regularly advised clients on integrating state and federal leaves of absence, workplace discrimination and harassment laws, and on disability protections and accommodations. Kristine is a frequent speaker on a range of employee benefits topics, most recently focused on health care reform implementation. Kristine joined Alliant in 2014. Debbie Rey Communications Specialist As Communications Specialist, Debbie will work with the City in crafting and executing a strategy for all your communication campaigns. Debbie began her career with Alliant as an Account Associate and as such became very familiar with the types of communications that make the most impact with employees/retirees as it relates to recruitment, new hire onboarding, open enrollment, and year round communications. Debbie’s extensive knowledge of Alliant’s communication systems will ensure you have materials to match your company’s brand and culture. She has her Bachelor’s Degree in Communications from California State University, Fullerton. Debbie has been with Alliant since 2017. © 2021 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 23 Page 16 of 17 April 2021 EXHIBIT B SCHEDULE © 2017 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 16 Section IV – Fees and Costs Broker-Consultant fees are mutually agreed upon with our clients. We are open to discussion about a mutually acceptable fee arrangement with the City. For the Scope of Services described in this RFP and listed below, Alliant proposes $74,000 annually billed to the city on a monthly basis. Services include, but are not limited to: Services Proposed Fee Strategic Planning Included Pre-renewal meeting (strategy, market update, compliance, etc.) Included Renewal Negotiation, Analysis and Recommendations Included Procurement of Alternative Cost Saving Initiatives and Options Included Utilization Review and Trend analysis Included Access to Alliant Purchasing Programs Included Legislative Compliance Support and Contract Review Included Health Care Reform Compliance & Consulting Included Contract Review Included Administration and Implementation Support Included Benchmarking Included Employer Advocacy and Problem Resolution Included Employee HealthCare Advocacy Services Included Open Enrollment Coordination and Support Included Employee Communication Development (Brochures, Notices, Retiree and New- hire Communications Included MyBenefits.Life™ Mobile Application Included Employee Surveys Included Wellness Program Consulting, Analysis and Recommendations Included ThinkHR Included Service Guarantee To illustrate our commitment of quality service to the City, Alliant is willing to place 10% of our annual consulting fee at risk. Listed below are the categories of the Service Guarantee: 1. Execution of Scope of Work (5%) – Client satisfaction with deliverables in the Scope of Work. 2. Service and Support (5%) - Service and support of client with decision making tools, attendance at meetings, and assistance for any Although an important aspect of consideration, the financial cost estimate will not be the sole justification for consideration. Negotiations may or may not be conducted with the proposer; therefore, the proposal submitted should contain the proposer’s most favorable terms and conditions, since selection and award may be made without discussion with any firm. All prices should reflect “not to exceed” amounts per item. © 2017 Alliant Insurance Services, Inc. All rights reserved. Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. CA License No. 0C36861 17 implementation of new benefits, products and transition of carriers. At any time, the City can invoke the terms of the guarantee. All categories are based solely on client satisfaction level. Transparency and Disclosure All compensation Alliant receives is fully disclosed and transparent. Alliant is not currently accepting any contingency or override compensation for the City’s coverages. Any amounts paid in error this past year have been returned to the carriers. As an independent consultant, Alliant provides our clients with the choice of joint purchasing solutions as well as options available in the marketplace. Alliant has a separate division within the firm, Alliant Underwriting Services (AUS) that provides Consulting, Underwriting and Program Management Services to a number of Joint Powers Authorities (JPA) and Joint Purchasing Pools throughout the country; this division is separate from Alliant’s Brokerage and Consulting division. AUS receives compensation from carriers for services provided to support the operations and administration of a JPA and/or purchasing pool and is a cost included in the premium. Alliant will disclose any AUS fees associated with a joint purchasing program presented to the City. This does not apply to the City of Vernon since they are not participating in any JPA’s managed by Alliant Underwriting Services. Alliant may receive compensation on voluntary employee paid insurance policies (example: vested individual insurance policies). This compensation would be in addition to the annual fee paid by the City. Additional Services Alliant is able to assist the City in evaluating vendors who provide the additional services listed below. Our annual consulting fee includes needs assessment, analysis, negotiations, evaluation and implementation. Vendor fees are separate and will be billed directly to the City. Vendor Services Online Benefits Eligibility & Enrollment Administration System Consolidated Billing COBRA and FSA Administration Retiree Billing Payroll/HRIS System Integration Third Party Wellness Solutions Alliant is not affiliated with, nor do we own, any vendors who provide these services. Our philosophy is to assist our clients in evaluating “Best in Class” third party administrators, HRIS, online enrollment, benefits statement, claims audit and third party wellness programs. Page 17 of 17 April 2021 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-780-2021 Submitted by: Jessica Alcaraz Submitting Department: Finance/Treasury Meeting Date: September 21, 2021 SUBJECT Application for Funding and Agreement of Community Development Block Grant Program - Coronavirus Response Round 2 and 3 (CDBG-CV2 and CV3) Allocation Recommendation: Adopt Resolution No. 2021-31 approving an application for funding and the execution of a grant agreement and any amendments thereto from the 2020 Community Development Block Grant Program - Coronavirus Response Round 2 and 3 notice of funds available dated December 18, 2020 to cover most of costs incurred in the AltaMed Services for COVID-19 Screening and Testing Grant. Background: The 2020 CDBG-CV2 and CV3 Notice of Funds Availability is a result of funding authorized by the Coronavirus Aid Relief and Economic Aid, Relief and Economic Security (CARES) Act, providing the City as a local non-entitlement jurisdiction with an allocation of $247,979 to aid in off-setting costs for activities related to COVID-19 specifically targeted to prevent, prepare for, and respond to coronavirus. Early in the pandemic, the City partnered with AltaMed to promptly mobilize an effective response to coronavirus and support its residents, businesses, and the greater community members in the Southeast Los Angeles Area that AltaMed serves. The grants given to AltaMed in the amount of $250,000 were used to help fund various outdoor assessment centers focused on COVID-19 screening and testing services available to residents and workers in Vernon and the surrounding Southeast Los Angeles Area. AltaMed's main focus was to leverage testing to identify the sick and to provide targeted care to the most vulnerable populations. With a goal to flatten the COVID-19 curve by ensuring necessary medical care was accessible to individuals in the local and surrounding communities, AltaMed offered an invaluable service during the peak of the pandemic. The proposed resolution approves use of program funds for the AltaMed Services for COVID-19 Screening/Testing Grant in an amount not to exceed $247,979, and giving authorization for the Director of Finance to sign all pertinent applications, agreements and documents, and submit funds request on behalf of the City. Fiscal Impact: There is no fiscal impact associated with the adoption of the resolution as the funds are budgeted in FY 2021-22 with the anticipation of the receipt of the CDBG-CV and CV3 allocation. Attachments: 1. Resolution No. 2021-31 2. CDBG-CV2 and CV3 Allocations 3. CDBG-CV2 and CV3 Application RESOLUTION NO. 2021-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - CORONAVIRUS RESPONSE ROUND 2 AND 3 (CDBG-CV2 and CV3) NOTICE OF FUNDS AVAILABLE DATED DECEMBER 18, 2020 TO COVER COSTS INCURRED IN THE ALTAMED SERVICES FOR COVID- 19 SCREENING AND TESTING GRANT SECTION 1. Recitals. A. The 2020 CDBG-CV2 and CV3 Notice of Funds Availability (NOFA) is a result of funding authorized by the Coronavirus Aid Relief and Economic Aid, Relief and Economic Security (CARES) Act providing the City of Vernon as a local non-entitlement jurisdiction with an allocation of $247,979 to aid in off-setting activities related to COVID-19 specifically targeted to prevent, prepare for, and respond to coronavirus. B. The City Council of the City of Vernon desires to approve the use of program funds for AltaMed Services for COVID-19 Screening/Testing Grant in an amount not to exceed $247,979. 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 has reviewed and hereby approves the submission to the State of California of one or more application(s) in the aggregate amount, not to exceed, of $247,979.00 for the following CDBG-CV2 and CV3 activities pursuant to the December 2020 CDBG-CV2/3 NOFA: AltaMed Services for COVID-19 Screening/Testing Grant $247,979. SECTION 3. The City Council of the City of Vernon hereby approves the use of Program Income in an amount not to exceed $247,979 for the CDBG-CV2 and CV3 activities described in Section 1. SECTION 4. The City Council of the City of Vernon hereby acknowledges compliance with all state and federal public participation requirements in the development of its application(s). SECTION 5. The City Council of the City of Vernon hereby authorizes and directs the Director of Finance, or designee to execute and deliver all applications and act on the City of Vernon’s behalf in all matters pertaining to all such applications. Resolution No. 2021-31 Page 2 of 2 _______________________ SECTION 6. If an application is approved, the Director of Finance, or designee, is authorized to enter into, execute and deliver the grant agreement and any and all subsequent amendments thereto with the State of California for the purpose of the grant. SECTION 7. If the application is approved, the Director Finance, or designee, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the state of California from time to time in connection with the grant. SECTION 8. 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 21st day of September, 2021. _______________________ MELISSA YBARRA, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: ___________________________ ZAYNAH N. MOUSSA, Interim City Attorney Column1 Column2 Column3 Column4 Column5 Column6 Column7 Appendix A: CDBG-CV2 and 3 Allocations and LMA% CV1 Revision CV2 CV3 TOTAL Total Award $19,331,744 $113,263,490 $18,031,478 $150,626,712 Entitlement $0 $50,968,571 $0 $50,968,571 State Operations $1,353,222 $7,928,444 $1,262,203 $10,543,870 Local Assistance $17,978,522 $54,366,475 $16,769,275 $89,114,272 Requested $10,277,779 $0 $0 $10,306,638 Remaining $7,700,743 $54,366,475 $16,769,275 $78,807,634 $0 Colonias Set Aside $898,926 $2,718,324 $838,464 $4,455,714 Federal Tribes Set-Aside $0 $2,718,324 $0 $2,718,324 Non-Federal Tribes $224,732 $679,581 $209,616 $1,113,928 Total for Allocation $48,250,247 $15,721,195 $63,971,442 Jurisdiciton CV1 Rmdr CV2 CV3 Total UGLG LMI Housing Element Alpine County $51,221 $156,142 $50,875 $258,237 39.8%Currently Ineligible Alturas $0 $182,071 $59,323 $241,394 48.5%Eligible Amador City $49,553 $151,057 $49,218 $249,829 46.7%Currently Ineligible Amador County $101,255 $308,667 $100,572 $510,494 38.8%Eligible American Canyon $88,580 $270,027 $87,982 $446,589 33.8%Eligible Anderson $0 $238,505 $77,711 $316,216 61.2%Eligible Angels $0 $186,647 $60,814 $247,461 43.9%Eligible Arcata $0 $405,266 $132,046 $537,313 67.5%Eligible Artesia $0 $312,226 $101,731 $413,957 54.0%Eligible Arvin $104,591 $318,835 $103,885 $527,311 66.8%Eligible Atwater $119,434 $364,084 $118,628 $602,147 49.8%Eligible Auburn $90,414 $275,620 $89,804 $455,838 43.2%Eligible Avenal $65,492 $240,539 $78,374 $384,405 74.2%Eligible Benicia $106,759 $325,445 $106,038 $538,242 23.6%Eligible Biggs $53,222 $162,243 $52,863 $268,327 58.1%Eligible Bishop $17,834 $192,239 $62,637 $272,710 49.7%Eligible Blue Lake $51,387 $156,650 $51,041 $259,078 39.7%Currently Ineligible Brawley $0 $347,815 $113,327 $461,142 52.2%Eligible Butte County $0 $768,276 $250,325 $1,018,601 46.0%Eligible Calaveras County $155,959 $475,428 $154,907 $786,294 41.6%Eligible Calexico $0 $469,327 $152,919 $622,246 51.7%Eligible Calimesa $66,898 $203,933 $66,447 $337,278 38.2%Eligible Calipatria $0 $176,987 $57,667 $234,654 57.6%Eligible Calistoga $64,230 $195,798 $63,796 $323,824 54.2%Eligible Capitola $0 $241,556 $78,705 $320,261 52.8%Eligible Carmel-by-the-Sea $61,728 $188,172 $61,311 $311,211 28.5%Eligible Chowchilla $0 $253,758 $82,681 $336,439 61.5%Eligible Clearlake $0 $335,613 $109,351 $444,964 71.2%Eligible Coalinga $0 $236,980 $77,214 $314,194 40.6%Eligible Colfax $0 $165,293 $53,857 $219,150 56.8%Eligible Colusa $0 $197,323 $64,293 $261,617 47.7%Eligible Colusa County $62,895 $191,731 $62,471 $317,097 38.9%Eligible Corcoran $0 $261,892 $85,331 $347,224 67.2%Eligible Corning $0 $212,576 $69,263 $281,839 66.5%Eligible Crescent City $0 $185,630 $60,483 $246,113 62.7%Eligible Del Norte County $0 $323,919 $105,541 $429,461 45.6%Eligible Dinuba $0 $341,206 $111,174 $452,379 60.8%Eligible Dixon $0 $265,451 $86,491 $351,942 39.0%Eligible Dorris $0 $152,583 $49,715 $202,298 72.6%Eligible Dos Palos $62,395 $190,206 $61,974 $314,574 65.4%Currently Ineligible Dunsmuir $0 $165,293 $53,857 $219,150 62.6%Eligible El Dorado County $362,934 $1,106,374 $360,486 $1,829,794 34.7%Eligible Etna $0 $154,108 $50,212 $204,320 68.6%Eligible Eureka $0 $431,704 $140,660 $572,364 50.5%Eligible Exeter $0 $224,778 $73,239 $298,016 55.0%Eligible Farmersville $0 $225,795 $73,570 $299,365 59.2%Eligible Ferndale $53,556 $163,259 $53,194 $270,009 34.7%Eligible Firebaugh $55,245 $219,185 $71,416 $345,847 61.0%Eligible Fort Bragg $0 $245,623 $80,030 $325,653 52.7%Eligible Fort Jones $0 $158,684 $51,703 $210,387 48.0%Eligible Fortuna $81,908 $249,690 $81,356 $412,954 49.5%Eligible Fowler $61,061 $186,138 $60,649 $307,848 49.8%Eligible Glenn County $0 $245,623 $80,030 $325,653 48.1%Eligible Grass Valley $102,256 $311,717 $101,566 $515,539 65.3%Eligible Greenfield $105,591 $321,886 $104,879 $532,356 64.8%Eligible Gridley $69,733 $212,576 $69,263 $351,572 45.8%Eligible Grover Beach $0 $278,670 $90,798 $369,468 53.6%Eligible Guadalupe $0 $232,404 $75,723 $308,128 69.0%Eligible Gustine $55,390 $168,852 $55,016 $279,259 46.4%Eligible Hidden Hills $53,722 $163,768 $53,360 $270,850 18.3%Eligible Hollister $0 $414,926 $135,194 $550,120 45.6%Eligible Holtville $62,228 $189,697 $61,808 $313,734 59.5%Eligible Humboldt County $52,383 $793,697 $258,607 $1,104,688 46.6%Eligible Huron $0 $228,845 $74,564 $303,409 70.7%Eligible Imperial $0 $210,034 $68,435 $278,468 20.9%Eligible Imperial County $0 $400,182 $130,390 $530,572 48.5%Eligible Indian Wells $66,898 $203,933 $66,447 $337,278 23.1%Eligible Industry $49,353 $150,447 $49,020 $248,820 65.9%Eligible Inyo County $0 $238,505 $77,711 $316,216 41.4%Eligible Ione $0 $172,919 $56,342 $229,261 38.8%Eligible Jackson $0 $200,882 $65,453 $266,335 49.7%Eligible King City $0 $308,667 $100,572 $409,239 68.4%Eligible Kings County $0 $376,286 $122,604 $498,890 46.9%Eligible Lake County $0 $556,775 $181,412 $738,186 51.4%Eligible Lakeport $0 $182,071 $59,323 $241,394 41.5%Eligible Lassen County $76,905 $234,438 $76,386 $387,729 38.5%Eligible Lemoore $109,594 $334,088 $108,855 $552,536 41.1%Eligible Lincoln $153,457 $467,802 $152,422 $773,681 33.3%Eligible Lindsay $88,413 $269,519 $87,816 $445,748 67.2%Eligible Live Oak $67,565 $205,966 $67,109 $340,641 55.2%Eligible Livingston $0 $250,199 $81,521 $331,720 41.0%Eligible Loomis $61,561 $187,663 $61,146 $310,370 24.6%Eligible Los Banos $142,116 $433,229 $141,157 $716,503 52.6%Eligible Loyalton $50,887 $155,125 $50,544 $256,555 55.8%Currently Ineligible Madera County $206,994 $631,004 $205,597 $1,043,595 47.9%Eligible Mammoth Lakes $0 $187,663 $61,146 $248,809 53.3%Eligible Maricopa $50,220 $153,091 $49,881 $253,192 60.7%Currently Ineligible Marina $118,934 $362,559 $118,131 $599,624 46.3%Eligible Mariposa County $0 $295,448 $96,265 $391,713 38.3%Eligible Marysville $83,243 $253,758 $82,681 $419,681 56.4%Eligible McFarland $0 $259,350 $84,503 $343,853 75.0%Eligible Mendocino County $0 $806,408 $262,749 $1,069,156 45.9%Eligible Merced County $0 $716,418 $233,428 $949,845 51.5%Eligible Modoc County $57,558 $175,461 $57,170 $290,190 48.5%Eligible Mono County $0 $176,987 $57,667 $234,654 50.3%Eligible Montague $0 $157,667 $51,372 $209,039 43.3%Eligible Mount Shasta $0 $206,475 $67,275 $273,750 45.9%Eligible Napa County $0 $329,512 $107,364 $436,876 41.8%Eligible Nevada City $59,393 $181,054 $58,992 $299,439 48.0%Eligible Nevada County $0 $705,741 $229,949 $935,690 39.3%Eligible Orange Cove $76,405 $232,913 $75,889 $385,206 75.5%Eligible Orland $0 $212,576 $69,263 $281,839 55.3%Eligible Oroville $0 $315,276 $102,725 $418,002 55.2%Eligible Pacific Grove $89,580 $273,078 $88,976 $451,634 23.9%Eligible Palos Verdes Estates $72,902 $222,236 $72,410 $367,548 15.3%Eligible Parlier $0 $307,142 $100,075 $407,216 71.5%Eligible Pismo Beach $75,070 $228,845 $74,564 $378,479 43.1%Eligible Placer County $0 $1,048,923 $341,767 $1,390,689 31.5%Eligible Placerville $83,576 $254,775 $83,012 $421,363 55.9%Eligible Plumas County $18,008 $278,670 $90,798 $387,477 41.1%Eligible Plymouth $0 $154,616 $50,378 $204,994 55.4%Eligible Point Arena $0 $154,616 $50,378 $204,994 53.9%Eligible Portola $56,724 $172,919 $56,342 $285,985 59.3%Eligible Rancho Mirage $129,941 $396,115 $129,065 $655,120 34.3%Eligible Red Bluff $0 $285,280 $92,952 $378,231 58.7%Eligible Rio Dell $0 $181,562 $59,158 $240,720 48.9%Eligible Rio Vista $72,569 $221,219 $72,079 $365,867 43.8%Eligible Riverbank $92,082 $280,704 $91,461 $464,247 35.7%Eligible San Benito County $0 $278,670 $90,798 $369,468 46.0%Eligible San Joaquin $0 $180,546 $58,826 $239,372 76.8%Eligible San Juan Bautista $0 $174,445 $56,839 $231,283 51.6%Eligible San Juan Capistrano $178,641 $544,573 $177,436 $900,650 51.8%Eligible Sand City $50,520 $154,006 $50,179 $254,706 62.9%Eligible Sanger $0 $355,950 $115,978 $471,927 47.1%Eligible Santa Cruz County $427,979 $1,304,657 $425,091 $2,157,727 50.1%Eligible Scotts Valley $78,239 $238,505 $77,711 $394,456 24.6%Eligible Shasta County $0 $661,000 $215,371 $876,371 42.6%Eligible Shasta Lake $0 $234,946 $76,552 $311,498 44.4%Eligible Sierra County $50,887 $155,125 $50,544 $256,555 42.6%Eligible Siskiyou County $0 $326,970 $106,535 $433,505 50.1%Eligible Solano County $96,752 $294,940 $96,099 $487,790 39.4%Eligible Soledad $0 $278,162 $90,632 $368,794 56.5%Eligible Sonora $68,899 $210,034 $68,435 $347,368 54.6%Eligible South Lake Tahoe $0 $381,371 $124,261 $505,631 59.2%Eligible St. Helena $0 $204,441 $66,612 $271,054 36.5%Eligible Suisun City $0 $355,950 $115,978 $471,927 41.3%Eligible Susanville $70,234 $214,101 $69,760 $354,095 42.6%Eligible Sutter County $87,746 $267,485 $87,154 $442,384 40.8%Eligible Sutter Creek $59,226 $180,546 $58,826 $298,598 50.5%Eligible Taft $68,232 $208,000 $67,772 $344,004 45.4%Eligible Tehama $0 $150,447 $49,020 $199,467 47.6%Eligible Tehama County $0 $429,772 $140,031 $569,803 47.2%Eligible Trinidad $49,720 $151,566 $49,384 $250,670 27.3%Eligible Trinity County $0 $279,687 $91,129 $370,816 48.7%Eligible Truckee $0 $240,539 $78,374 $318,913 27.7%Eligible Tulare County $0 $1,345,330 $438,344 $1,783,674 53.6%Eligible Tulelake $0 $157,158 $51,206 $208,365 63.5%Eligible Tuolumne County $0 $557,791 $181,743 $739,534 38.1%Eligible Ukiah $0 $298,498 $97,259 $395,757 49.3%Eligible Vernon $49,186 $149,939 $48,854 $247,979 75.0%Eligible Wasco $102,256 $311,717 $101,566 $515,539 57.0%Eligible Weed $0 $175,970 $57,336 $233,305 65.4%Eligible Westmorland $54,723 $166,818 $54,354 $275,895 77.1%Eligible Wheatland $54,223 $165,293 $53,857 $273,373 30.2%Eligible Williams $60,894 $185,630 $60,483 $307,007 36.5%Eligible Willits $69,567 $212,068 $69,097 $350,731 55.8%Eligible Willows $70,567 $215,118 $70,091 $355,776 44.6%Eligible Winters $0 $203,933 $66,447 $270,379 40.3%Eligible Woodlake $67,732 $206,475 $67,275 $341,482 62.7%Eligible Yolo County $0 $314,259 $102,394 $416,653 50.4%Eligible Yountville $61,061 $186,138 $60,649 $307,848 44.7%Eligible Yreka $0 $234,438 $76,386 $310,824 59.8%Eligible Yuba County $0 $627,445 $204,438 $831,883 45.1%Eligible 5/5/2021 3rltoub7vs https://webportalapp.com/sp/task_item_primary_print/3rltoub7vs?item_id=1&path=26833201 1/19 Activity Category Choose your Activity Category from the list. Eligible activities are defined by 24 CFR §570.482 et. seq. https://www.law.cornell.edu/cfr/text/24/570.482 Community Development Please select your application type: Public Services Are you looking to start a new program, modify an ongoing program, or add a new type of assistance to an existing program? New Type of Assistance If your activity is a facility project instead of a program, please indicatewhether this is a new facility, expansion of an existing facility, or re-purposing of an existing facility. Activity (CD) Choose your specific activity from the list based on HUD Matrix Code. Matrix code definitions can be located at: https://files.hudexchange.info/resources/documents/Matrix-Code-Definitions.pdf. 05M - Health Services National Objective (CD) Choose the national objective from the list. Criteria for national objectives can be located at 24 CFR §570.483. https://www.law.cornell.edu/cfr/text/24/570.483 (LMA) Low/Mod Area Benet Section II Choose the measure indicator from the list. Measure indicators, along with objectives andoutcomes provide an organized and standardized process that HUD uses to measure theoutcomes of CDBG programs. Detailed information on performance measurements can belocated in HUD’s Basically CDBG manual, Chapter 13.https://les.hudexchange.info/resources/documents/Basically-CDBG-Chapter-13-Performance- 5/5/2021 3rltoub7vs https://webportalapp.com/sp/task_item_primary_print/3rltoub7vs?item_id=1&path=26833201 2/19 Measurement.pdf (https://les.hudexchange.info/resources/documents/Basically-CDBG-Chapter-13-Performance-Measurement.pdf) Measure Indicator (P) Persons Assisted Please indicate the proposed number of beneciaries of this activity. LMA - Number of LMI persons in service area that will benet LMC - Number of LMI persons that will benet LMH - Number of households that will benet. LMJ - Number of jobs created/retained. Number of Beneficiaries 20,798 Presumed Benefit Types Please check all that apply, if applicable. Presumed Benefit activities should target a specific population. For more information regarding presumed benefit types see 24 CFR §570.483(a)(2). https://www.law.cornell.edu/cfr/text/24/570.483 Elderly Persons, Homeless Person Additional Benefit Types Check all that apply, if applicable. Single Adults Upload Service Area Map Service Area Map.docx Section III Enter your legal jurisdiction name and activity title. Example: City of Los Angeles Community FoodBank. You MUST follow the required formatting. Applications not including a jurisdiction name willbe disqualied. 5/5/2021 3rltoub7vs https://webportalapp.com/sp/task_item_primary_print/3rltoub7vs?item_id=1&path=26833201 3/19 Activity Title City of Vernon: AltaMed Services for COVID-19 Screening/Testing Grant Organization Name Enter the legal name of the responsible entity. City of Vernon Input the physical address of your organization, please do not use a P.O. Box. Street Address Enter the primary address for the Applicant. 4305 Santa Fe Ave Suite/Office #: Add the address of where the activity will take place. This does not have to be a validated USPS address. (i.e. The corner of 1st Ave and A Street) City: Vernon State US-CA Zip Code: 90058 Section IV 5/5/2021 3rltoub7vs https://webportalapp.com/sp/task_item_primary_print/3rltoub7vs?item_id=1&path=26833201 4/19 Activity Information Add the address of where the activity will take place. If this is the same as the organizationaladdress, re-enter the organization address. If it is a general area (example: a stretch of street oran unregistered address) please get as close as possible to the actual activity location and indicatethe accurate location information in the activity description. Street Address: 2040 Cameld Avenue Suite/Office #: City: Los Angeles State US-CA Zip Code: 90040 Statement of Need and Proposed Outcome The Statement of Need presents facts and evidence to support the need for your activity. Aneective need statement will describe the target populations to be served, dene the communityproblem to be addressed, is related to the purposes and goals of your organization, includesquantitative and qualitative documentation and supporting information, does not make anyunsupported assumptions, and describes the situation in terms that are factual. An eectiveStatement of Needs will describe the relationship between the needs and COVID-19 impacts inyour communities. DO NOT COPY and PASTE prior narratives. Statement of Need and Proposed Outcome Narrative: The grants given to AltaMed were used to provide funding for various outdoor assessment centers focused on COVID-19 screening and or testing services available to all those who live and work in the City of Vernon and the surrounding Southeast Los Angeles Area cities. AltaMed's main focus on testing is to identify the sick as well as to provide targeted care to the most vulnerable populations and atten the curve by providing necessary medical care that is accessible to our local community members, individuals working in the City of Vernon and residents of the Southeast Los Angeles Area. 5/5/2021 3rltoub7vs https://webportalapp.com/sp/task_item_primary_print/3rltoub7vs?item_id=1&path=26833201 5/19 The Activity Description is a narrative that needs to include: how this activity relates to COVID-19impacts, how this activity will help with attening the curve of the pandemic, and/or how it willhelp in the response to the pandemic. This narrative is dierent than your statement of neednarrative, and will focus on the implementation and results of your proposed activity. The narrative must also include: a detailed description of the activity, why it is needed, who willbenet, activity location, how will the activity will be implemented, and when it will be complete. Activity Description Providing the grants to AltaMed helped with their operational costs to provide COVID-19 response for the communities they serve in Southeast Los Angeles Area which is disproportionately impacted and are at high risk of COVID-19 infection. This activity helped attening the curve by providing community-based testing and evaluation for both AltaMed patients and non-patients in a "drive-through" setting 3 of their 9 sites located in Southeast Los Angeles serving the City of Vernon residents, individuals working in the City of Vernon and neighboring community members. Upload your guidelines / strategic plan / operations plan / implementation strategy Provide a detailed narrative describing the steps to be taken to complete the activity (i.e.: Task 1-create marketing plan; Task 2- hold a town hall meeting; Task 3- analyze feedback… etc.). This tasknarrative should indicate your knowledge of the steps and actions necessary to complete youractivity. Narrative should include all actions taken to reach readiness through actions necessaryfor closeout. The narrative must include the deliverables that will be completed as part of this activity inrelationship to the task descriptions (i.e.: Deliverable 1- marketing plan; Deliverable 2- town hallmeeting minutes… etc.). This deliverable narrative should indicate your direct knowledge of thedocumentation necessary to monitor and evaluate activity compliance. These documents shouldbe part of your project le and will be reviewed as part of your onsite monitoring. In completing the Tasks and Deliverables narratives, the applicant should demonstrate aknowledge of the specic steps needed to achieve the desired outcome. Detailed Scope of Work - Task and Deliverables Narrative With the state of emergency and COVID-19 numbers rising, when AltaMed reached out on March 25, 2020 with the need of funds during this unprecedented community health crisis our City agreed to provide funding on March 28, 2020 and provided the max amount under the city administrator's discretion of $50,000 and a check was issued. As the COVID-19 numbers continued to climb, we entered in an agreement with AltaMed and provided an additional $75,000 by drawing up and agreement with our legal team and taking it to council for approval on April 7, 2020. As the outbreak continued to threaten our local community and surrounding Southeast Los Angeles region it was decided to amend the contract and provide an additional $125,000 by taking it to council on May 19, 2020 for approval. The continued to support of Alta-Med's screening eorts was critical to protecting the health and safety of the local community. As noted in AltaMed's nal report in the Southeast Los Angeles 3 sites as of July 20, 2020 they were able to complete 20,798 medical assessments serving the City of Vernon residents, neighboring community members and individuals working in the City of Vernon. 5/5/2021 3rltoub7vs https://webportalapp.com/sp/task_item_primary_print/3rltoub7vs?item_id=1&path=26833201 6/19 Section V It is a Department priority to ensure all eligible persons receive equitableaccess to services, and are served with dignity, respect and compassionregardless of circumstance, ability or identity. This includes marginalizedpopulations, including but not limited to, Black, Native and Indigenous,Latinx, Asian, Pacic Islanders and other People of Color, immigrants,people with criminal records, people with disabilities, people with mentalhealth and substance use vulnerabilities, people with limited Englishprociency, people who identify as transgender, people who identify asLGBTQ+, and other individuals that may not traditionally access mainstreamsupport. The following list of questions highlight items that you as theGrantee might be doing to address racial equity. If you have not started toaddress racial equity in your housing and community development projectsand programs, this is an opportunity to describe your plans for how thisfunding will reduce disparities and increase racial equity in yourcommunities. Answers in this section will not serve to qualify or disqualifyapplicants but rather will serve as a baseline measure of the current state ofeach applicant’s disparities, eorts and outcomes. Has your jurisdiction completed an analysis of racial disparities in its programs that address housing insecurity, homelessness and economic insecurity? No How will you capture and analyze data to determine if you have disproportionate outcomes in your CDBG-CV funded project or program for people in protected classes, including but not limited to Black, Native and Indigenous, Latino/Latina/Latinx, Asian, Pacific Islanders and other people of color who have been historically marginalized and are disproportionately impacted by housing segregation, poverty, homelessness, and COVID-19? AltaMed tracked the the ethnicity, age and gender of those members that were served in the Southeast Los Angeles testing centers and provided those numbers in their report. This report was uploaded in the site control section. Of the 20,798 people served 12,738 where Latinx, 783 were Asian and 165 were Black. 5/5/2021 3rltoub7vs https://webportalapp.com/sp/task_item_primary_print/3rltoub7vs?item_id=1&path=26833201 7/19 How will you respond to identified disparities and use this funding to work toward racial equity in your CDBG-CV funded project or program? AltaMed provides care in communities that traditionally bear the burdens of health disparities and have been disproportionately impacted by COVID-19, so by providing funding it helped AltaMed to provide safe, outdoor evaluation/ community testing sites in the Southeast Los Angeles area which in eect provides racial equity by providing screening and testing of COVID-19 to Southeast Los Angeles community. Does your organization have requirements for all subrecipients to look at data to determine racial disparities in its programs? No Does your organization have requirements for all subrecipients to put a plan in place to address racial disparities if they exist? No Identify and describe how people in protected classes, including but not limited to Black, Nativeand Indigenous, Latino/Latina/Latinx, Asian, Pacic Islanders and other people of color will accessyour CDBG-CV funded project or program. Do you have Formal partnerships such as MOUs or subrecipient agreements with organizations serving people in protected classes, including but not limited to Black, Native and Indigenous, Latino/Latina/Latinx, Asian, Pacific Islanders and other people of color? No Do you have Informal partnerships with organizations serving people in protected classes, including but not limited to Black, Native and Indigenous, Latino/Latina/Latinx, Asian, Pacific Islanders and other people of color? No Do you have Materials in multiple language and accessible on jurisdiction website? Yes 5/5/2021 3rltoub7vs https://webportalapp.com/sp/task_item_primary_print/3rltoub7vs?item_id=1&path=26833201 8/19 Please provide a list and links to the materials in multiple languages: On our website, there are dierent forms that available in English and other languages. Below are a few examples: Community resources: http://www.cityofvernon.org/city-news/347-community-resources Also our resident newsletter http://www.cityofvernon.org/government/public-meetings/vernon-housing-commission/agendas- minutes/405-for-our-residents/vhc-newsletters Water discontinuation http://www.cityofvernon.org/departments/public-utilities/436-customer-service/discontinuation- of-residential-water-service Do you have Communications campaigns on social media, radio, television or flyers targeted to people in protected classes, including but not limited to Black, Native and Indigenous, Latino/Latina/Latinx, Asian, Pacific Islanders and other people of color? Yes Please provide a narrative and any applicable links for the communications campaigns: Any time we have a program in place for example free food distribution, COVID relief grants, COVID vaccinations and or screening it is reported in the council meeting, City website, social media account and sometimes even calling every resident. Do you have any 'other' means not listed for people in protected classes, including but not limited to Black, Native and Indigenous, Latino/Latina/Latinx, Asian, Pacific Islanders and other people of color accessing your CDBG-CV funded project or program? No How are the voices of people in protected classes, including but not limited to Black, Native andIndigenous, Latino/Latina/Latinx, Asian, Pacic Islanders and other people of color and those withlived experience of housing insecurity, homelessness and economic insecurity being centered in ameaningful, sustained way in creating eective approaches to addressing disproportionateoutcomes in local projects and programs? 5/5/2021 3rltoub7vs https://webportalapp.com/sp/task_item_primary_print/3rltoub7vs?item_id=1&path=26833201 9/19 Does your jurisdiction have an advisory body for community level planning and decision making (e.g. Housing Advisory Committee, Community Planning Advisory Committee)? Yes Does your advisory body have seats for representatives from culturally specific serving organizations and/ or people in protected classes? No Does your advisory body have seats for people with lived experience of housing insecurity, homelessness, and/or economic insecurity? No Do residents of your jurisdiction have access to any type of Boards and Commissions training to increase the political participation and decision-making power of low-income communities and communities of color? (e.g. Boards and Commissions Leadership Institute, Public Boards and Commissions Training) No Have culturally specific organizations (those addressing the needs of protected classes) have been involved in developing your jurisdiction’s COVID-19 response strategy, including plans, programming, and service provision? No Has your organization taken steps to ensure these funds are accessible to smaller and non-traditional organizations that have historically been serving communities of color but may not have previously participated formally in government grant programs? Yes 5/5/2021 3rltoub7vs https://webportalapp.com/sp/task_item_primary_print/3rltoub7vs?item_id=1&path=26833201 10/19 Please describe these steps and, if applicable, list what funds been awarded to any smaller or non-traditional organizations that have historically been serving communities of color: Our partnership with AltaMed and the grant we gave them to help reach communities who are predominantly underserved, low income communities of color in the Southeast Los Angeles area during this time of crisis and when it was most important for them to have healthcare access care access to atten the curve and aid the overall national goal to re-opening. Another example is that we purchased a mobile clinic and collaborated with the City of Commerce, City of Southgate, City of Bell, City of Cudahy and the Southeast Rio Vista YMCA in the City of Maywood to host mobile vaccination clinics. There are underserved communities who have been disproportionately aected by COVID-19 so we do are very best to help and reach them in order to atten the curve. Will your organization use these funds to address the organizational capacity of organizations that are led by Black, Latinx, Asian, Pacific Islander, and Native and Indigenous people? No List your partner organizations that are addressing racial equity in thehousing and homelessness response system, the economic developmentsector and the health care sector and how do you partner with them. Organization Name: AltaMed Partnership Type: Grant Agreement Number of years in this type of partnership: 1 Group(s) Served: Black, Latinx, Asian, Pacic Islander, Native American Do you have additional partners to list? No 5/5/2021 3rltoub7vs https://webportalapp.com/sp/task_item_primary_print/3rltoub7vs?item_id=1&path=26833201 11/19 Will your organization or chosen subrecipient be hiring staff for the CDBG-CV funded project or program? No Will you do deeper income targeting than CDBG-CV regulations require? No Section VI Milestones Milestones are the progress markers or performance indicators that indicate progress toward thecompletion of your activity. Milestones may directly relate to your task narrative and areenforceable through the standard agreement. Each activity must include at least a starting and acompletion milestone, with a description of the milestone and a date. Additional milestones areoptional and strongly encouraged. If you enter milestones for your activity and those milestones are approved your milestones will supersede the HCD default milestones. Please note that if you do not elect to identify activity specic milestones in your application, HCD will default to the milestones in the CDBG-CV2 NOFA. Default HCD Milestones are: Milestone #1: Activity Start Up (Mandatory Milestone) Milestone #2: 20% Expenditure Completion Date: June 1, 2021 Milestone #3: 50% Expenditure Completion Date: December 1, 2021 Milestone #4: 80% Expenditure Completion Date: May 1, 2022 Milestone #5: 100% Expenditure Completion Date: August 1, 2022 (Mandatory Milestone) Milestone #1 - Activity Start 03/30/2020 Milestone #1 Completion Date 05/28/2020 5/5/2021 3rltoub7vs https://webportalapp.com/sp/task_item_primary_print/3rltoub7vs?item_id=1&path=26833201 12/19 Do you want to add additional optional milestones? If you selected YES, please provide each milestone for the program as well as the anticipated completion date. There are spaces for 10 milestones, however only the first and last are mandatory. No Milestone #10 - Confirmation of Closeout 07/31/2020 Milestone #10 - Confirmation of Closeout Completion Date 07/31/2020 Readiness Criteria Collaborators and Partners Partnerships and collaborations are supported and in many cases encouraged in implementingyour COVID-19 related activity. Please indicate what types of partnerships you will be using inimplementing your activity in the check-boxes and include a list of all of the dierent partners andcollaborators including whether you have a formal or informal partnership agreement in thenarrative section. Please upload and fully executed formal agreements as applicable. If you are doing an activity in response to homelessness or to support persons experiencing homelessness you must coordinate with your Continuum of Care and identify them as a participating partner in this application. You will be required to track duplication of benets in coordination with your Continuum of Care. List of collaborators/partners Other 5/5/2021 3rltoub7vs https://webportalapp.com/sp/task_item_primary_print/3rltoub7vs?item_id=1&path=26833201 13/19 Provide a narrative listing your partners and collaborators: City of Vernon partnered with AltaMed to promtly mobilize and best respond and support City of Vernon's resident, businesses and the greater community members that AltaMed serves who are predominantly low-income communities of color in Southeast Los Angeles. The funds were used to oset the costs that allowed AltaMed to continue to serve the Southeast Los Angeles in their 3 testing and/or treatment centers listed below. 1. Corporate - 2035 Cameld 2040 Cameld Ave Los Angeles, CA 90280 2. Goodrich Commerce Clinic 972 Goodrich Blvd Commerce, CA 90022 3. South Gate Clinic 8627 Atlantic Ave South Gate, CA 90280 Upload Executed MOU/Partnership Agreement/Multi-Agency Agreement AltaMed Health Services Corporation - CC Approved 04_07_2020.pdf Upload Executed MOU/Partnership Agreement/Multi-Agency Agreement ALTAMED HEALTH SERVICES - AMENDMENT NO. 1 - CC APPROVED 05_19_2020.pdf Upload Executed MOU/Partnership Agreement/Multi-Agency Agreement Do you have a draft or executed agreement with a contractor/subrecipient? No Threshold Criteria Site Control Some activities require proof of physical site control while others require proof of control of theresources necessary to complete the activity. For example, a service that provides delivered mealswill need to have "control" of a vehicle for deliveries. In the narrative box, explain what type of sitecontrol will be necessary for your activity. Upload the applicable proof of site control. 5/5/2021 3rltoub7vs https://webportalapp.com/sp/task_item_primary_print/3rltoub7vs?item_id=1&path=26833201 14/19 y y y p pp p If you believe no site control is required for your activity, indicate that in the narrative and explainwhy no site control is necessary for your activity. Description of site control of the facility or means to conduct the services: See 24 CFR §578.25 https://www.law.cornell.edu/cfr/text/24/578.25 for HUD’s site control requirements. We requested a report from AltaMed describing in detail the use of the funds, compliance with the terms and the progress toward achieving the purpose of the partnership. Upload Site Control Supporting Documentation City of Vernon Final Report.pdf Federal funds may not be used to pay contractors, non-prots, or agenciesthat are federally debarred. Provide a proof of no-debarrment for eachagency, contractor, non-prot, or company that will receive funding or bepaid out of this grant. Individuals that are not a business do not need to bechecked. Use https://www.sam.gov/SAM/ (https://www.sam.gov/SAM/) to check for excluded parties andupload proof that contractors etc. are not debarred. If you do not yet know who your contractors or subrecipients will be, you do not need to showproof of debarrment check at application. However you will be required to check for debarmentprior to contract or subrecipient agreement execution. Debarment checks that do not show results will not be accepted. All partiesmust be registered in SAM.Gov (https://www.sam.gov). Unregistered:consultants, contractors, partners, or subrecipients will not be eligible forreimbursement. Upload your Debarment Check SAMs Verication- AltaMed.pdf Upload additional Debarment Check Documentation Upload an executed Statement of Assurances and Compliance. The template is found in the Filestab (https://gn.ecivis.com/GO/gn_redir/T/k8276bikzdbx) under the program solicitation. Pleasemake sure the statement is completed with your jurisdiction's information and that the documenthas the specic CDBG-CV2 designation in the footer. The Statement of Assurances andCompliance is a legally binding document. Upload your Statement of Assurances and Compliance with 2 CFR Part 200 * CDBG-CV Application Certications and Statement of Assurances.pdf 5/5/2021 3rltoub7vs https://webportalapp.com/sp/task_item_primary_print/3rltoub7vs?item_id=1&path=26833201 15/19 Use the updated Citizen Participation Requirements document at https://www.hcd.ca.gov/policy-research/plans-reports/docs/Final-Citizen-Participation-Requirements-for-the-State's-Annually-Appropriated-Federal-Programs-Plans-and-Reports.pdf (https://www.hcd.ca.gov/policy-research/plans-reports/docs/Final-Citizen-Participation-Requirements-for-the-State's-Annually-Appropriated-Federal-Programs-Plans-and-Reports.pdf) to complete your public participation. Usethe guidance on holding public hearings and meetings during a disaster to ensure yourorganzation complies with public health priorities. Use the Citizen Participation reference documentation in the Files tab of the solicitation foradditional information on Limited English Prociency (LEP) and a sample public notice. Per 24 CFR §570.486 https://www.law.cornell.edu/cfr/text/24/570.486(https://www.law.cornell.edu/cfr/text/24/570.486) the public notice should contain at theminimum, the amount of CDBG funds being requested, the amount of PI funds being used (ifapplicable), the range of activities that will be performed, the address, phone number, and timesof the meeting. Citizen Participation - Have you met all Public Hearings/Citizen Participation requirements? These requirements can be located at 24 CFR §570.486 https://www.law.cornell.edu/cfr/text/24/570.486 . Yes Upload Citizen Participation Proof of Public Notice 20200407 City Council Agenda Packet.pdf Upload Public meeting/hearing presentation/handout materials Council Meeting 4-7-2020 and 5-19-2020 Agenda Item Report.pdf Upload Public Comment and Responses Upload Public meeting/hearing presentation/handout materials 20200519 City Council Agenda Packet.pdf Use the approved sample resolution from the Files tab of the Solicitation. Do not modify thesample language in the resolution. Upload Approved Resolution for Application Resolution No. 2021-CC CDBG-CV2-3 Grant- Draft.docx Download the FI$CAL TIN from the Files tab in the Solicitation. Do not use P.O. Box addresses onthe TIN. Make sure the TIN includes the ocial name of your jurisdiction. FI$CAL TIN FORM (https://gn.ecivis.com/GO/gn_redir/T/k8276bikzdbx) 5/5/2021 3rltoub7vs https://webportalapp.com/sp/task_item_primary_print/3rltoub7vs?item_id=1&path=26833201 16/19 Upload CA TIN Verification Form Upload the results of your SAM.gov entity check including all consultants, subrecipients and subcontractors currently under contract or with an executed agreement. TIN and SAM Verications.pdf Monitoring and Compliance Are all single audit findings cleared or in remediation? N/A - Not required to submit Are all HCD CDBG program monitoring findings cleared or in remediation? N/A (no audit nding or not required to submit single audit) Are you in compliance with all exisiting HCD award agreements? N/A (no audit nding or not required to submit single audit) Environmental Use the Environment Review forms located on HUD's website athttps://www.hudexchange.info/programs/environmental-review/orientation-to-environmental-reviews/#overview (https://www.hudexchange.info/programs/environmental-review/orientation-to-environmental-reviews/#overview) to complete your environmental review. Note that evenGeneral Administration requires a statement of exemption. Upload the correct level ofenvironmental review for your activity and a statement of exemption for any GeneralAdministration that you intend to use. If the level of review for your activity is an Environmental Assessment or Environmental ImpactStudy, please upload the assessment or study plus consultation letters, identied mitigations,and/or conditions of approval. Please do not upload the entire environmental review record if it ismore than 50 pages. Do upload any noticing FONSI/RROF or NOIRROF and Authorization to UseFunds if available that corresponds with the activity’s appropriate level of review. Acceptableformats of these forms can be located athttps://www.hudexchange.info/programs/environmental-review/(https://www.hudexchange.info/programs/environmental-review/). To determine the correct levelof review go to HUD’s environmental review overview pagehttps://www.hudexchange.info/programs/environmental-review/orientation-to-environmental-reviews/#overview (https://www.hudexchange.info/programs/environmental-review/orientation-to-environmental-reviews/#overview). Please make sure your Environmental Review is denitivein ndings and that the program/project description matches the activity description in thisapplication. Environmental reviews with inadequate project/program descriptions, ndings thatare not denitive or that have squishy language, do not adequately or correctly identifymitigations, did not complete required consultations, or that have other material deciencies mayresult in disqualication. 5/5/2021 3rltoub7vs https://webportalapp.com/sp/task_item_primary_print/3rltoub7vs?item_id=1&path=26833201 17/19 Upload Activity NEPA Compliance NEPA - Part 58 Exempt.pdf Upload General Administration NEPA Compliance Upload additional proof of NEPA Compliance Section VII Budget and Duplication of Benets You are expected to provide two activity budgets. There is a CDBG specic budget that you willcomplete as part if your application in the eCivis Grants Network. That budget is linked below andmust be completed before you submit your application. You ALSO need to complete a full activitybudget. Your full activity budget should use the sources and uses Excel template included in theFiles tab in the Solicitation. You may use your own excel budget, provided it includes all of thesources and uses that will be included in your activity. Include line items for each component ofyour activity. Identify all funding sources that will be used to fund your activity including otherfederal and state funding, local funding, foundation or non-prot funding, donations and anyother cash resources. Do not include in-kind donations or volunteer time. This template will also be used to evaluate your duplication of benets. Indicate in the templatewhere you project increased utilization of your public services if you are proposing a public serviceactivity. Your complete activity budget narrative should include information about how the activity will befunded and whether or not the activity is viable if other funding sources are not available and theactivity is only partially funded. For instance can the project scope be reduced the number ofbeneciaries be reduced, can the project be scaled to the amount of funding available. Make surethe budget narrative has a relationship to the tasks and deliverables described above. Thenarrative should include information about how the CDBG funding will only be used to support anew activity, a modied existing activity, or an addition of a new type activity. Do you have program income not already included and committed in a CDBG activity? No 5/5/2021 3rltoub7vs https://webportalapp.com/sp/task_item_primary_print/3rltoub7vs?item_id=1&path=26833201 18/19 Budget Narrative: The activity was funded through our operating expenditures with the use of general fund balance. If CDBG is able to grant our request it will help alleviate this expenditure directly endured by our response to atten the curve of the COVID-19 pandemic with our partnership with AltaMed. Upload Cost Allocation Plan (if applicable) Upload Duplication of Benefit Tracker Form (in Excel) Please upload the completed Duplication of Benefit Tracker Form identified in the Files tab of the solicitation. Duplication of Benet Tracking- City of Vernon AltaMed.xlsx You will be responsible for documenting compliance with HUD's duplication of benetrequirements. You can nd additional information about how to track duplication of benets atthe following link: HUD DOB (https://www.hudexchange.info/trainings/courses/duplication-of-benets-webinar-2019/2970/.) See a Duplication of Benets Policy sample in the Files tab of the Solicitation(https://gn.ecivis.com/GO/gn_redir/T/k8276bikzdbx) Include a brief narrative explaining how you plan to track for duplication of benefits in your activity. Our City intended to to cover the funds given AltaMed from fund balance, with the funding from CV1, 2 & 3 will help to cover many of our incurred costs to COVID-19 related expenditures. We used the tracking sheet provided to ensure that there is no duplication of benets in our activity. Also it is very straight forward as we are only including the actual funds that were given to AltaMed and not the sta time and other related expenditures relating to the activity. We asked AltaMed to give us a report describing in detail teh use of the granted funds and a nancial reports of expenditures noted in page 3, 4 and 9 of the attached Upload your duplication of benefits tracking policy Council Meeting 4-7-2020 and 5-19-2020 Agenda Item Report.pdf Miscellaneous supporting documentation (photos, maps, renderings, newspaper articles, etc.) City of Vernon Final Report.pdf 5/5/2021 3rltoub7vs https://webportalapp.com/sp/task_item_primary_print/3rltoub7vs?item_id=1&path=26833201 19/19 Miscellaneous supporting documentation (photos, maps, renderings, newspaper articles, etc.) Miscellaneous supporting documentation (photos, maps, renderings, newspaper articles, etc.) Have you completed and submitted your eCivis Grants Network budget worksheet? Yes Total Grant Dollars Requested CDBG CV-2/CV-3 Budget: $247,979.00 By typing my name in the field below, I hereby certify that this application is true and complete to the best of my knowledge.: If any false statements of completeness or accuracy are later found in this application, it may result in application denial or disqualification. Jessica Alcaraz Original Submission Date (for re-submissions) 05/05/2021 Exhibit E - Budget City Council Agenda Item Report Agenda Item No. COV-779-2021 Submitted by: Nicholas Perez Submitting Department: Police Department Meeting Date: September 21, 2021 SUBJECT Drug Enforcement Administration Agreement Recommendation: Approve and authorize the City Administrator to execute a Surge Program - Funded State and Local Task Force Agreement with the Drug Enforcement Administration (DEA), Los Angeles Field Division, in substantially the same form as submitted, for continued participation in the Southwest Border Initiative (SWBI) taskforce with an effective date of October 1, 2021. Background: Since 2008, the Vernon Police Department (VPD) has dedicated one Detective to participate in the SWBI narcotics investigation taskforce. The goal of the SWBI narcotics taskforce is to disrupt illicit drug traffic in the region by immobilizing targeted violators and trafficking organizations, and gather and report intelligence data relating to narcotics trafficking and dangerous drugs. Participation in the SWBI taskforce has been advantageous for the VPD. The assigned Detective has gained vast experience and knowledge from the taskforce investigations. VPD's participation in the taskforce allows the Department to benefit from asset forfeiture proceeds related to narcotics investigations. The VPD has also utilized resources from the taskforce with multifaceted investigations when there is a need for additional personnel and expertise. On November 3, 2020, the City Council approved an annual agreement with the DEA for continued participation in the SWBI taskforce which was effective October 1, 2020 through September 30, 2021. In order to continue participating in the SWBI taskforce, federal regulations require that VPD enter into a new annual agreement with the DEA, with an effective date of October 1, 2021. The City Attorney's Office has reviewed and approved the agreement as to form. Fiscal Impact: Other than normal costs associated with staff time, there is no additional cost to the City for participating in the taskforce. Participation in the taskforce may provide the VPD revenues from asset forfeiture proceeds related to narcotics investigations. Attachments: 1. 2021 Surge Program Agreement with DEA STATE AND LOCAL TASKFORCE AGREEMENT BETWEEN THE DRUG EIYFORCEMENT ADMINISTRATION LOS ANGELES FIELD DfYISION AND YERNON POLICE DEPARTMENT ST]RGE PROGRAM - FI]NDED STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this lstday of October, 2021, between the United States Departrnent of Justice, Drug Enforcement Administration (trereinafter 'DEA'), and the Vemon Police Departrnent ORI # CAO197300 (hereinafter 'VPD"). The DEA is authorized to enter into this cooperative agreement conceming the use and abuse ofcontrolled substances under the provisions of 21 U.S.C. $ 873. WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the Los Angeles County area and that such illegal activity has a substaatial and detrimental effect on the health and general welfare ofthe people of City of Vemon, the parties hereto agree to the following: 1. The Ventura Resident Office Surge Task Force (Hereinafter "Task Force") will perform the activities and duties described below: a. disrupt the illicit drug naffic in the Los Angeles area by immobilizing targeted violators aad trafficking organizations ; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Califomia. 2. To accomplish the objectives ofthe Task Force, the VPD agrees to detail one (1) experienced officer to the Task Force for a period of not less than two (2) years. During this period of assignment, the VPD officer will be under the direct supewision and control of DEA supervisory personnel assigned to the Task Force. 3. The VPD officer assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 1, 5. To accompiish the objectives of the Task Force, DEA will assign seven (7) Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and the VPD officer assigned to the Task Force. This support will include: office space, offrce supplies, travel funds, funds for the purchase ofevidence and information, investigative equipment, training, and other support items. 6. During the period of assignment to the Task Force, the VPD will remain responsible for establishing the salary and benefits, including overtime, of its officers assigned to the Task Force, and for making all payments due them. DEA will, subject to availability of funds, reimburse the VPD for overtime payment Annual overtime for each state or local law enforcement officer is capped at the equivalent of25% ofa GS-12, Step 1, ofthe general pay scale for the Rest of United States. Reimbursement for all types of qualified expenses shall be contingent upon availability offunds and the submission ofa proper request for reimbursement which shall be submitted monthly or quarterly on a fiscal year basis, and which provides the names of the investigators who incurred overtime for DEA during the invoiced period, the number of overtime hours incurred, the hourly regular and overtime rates in effect for each investigator, and the total cost for the invoiced period. Invoices must be submitted at least quarterly within 30 days ofthe end ofthe invoiced period. Note: Task Force Officer's overtime "shall not include any costs for benefits, such as retirement, FICA, and other expenses." 7. ln no event will the VPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The VPD shall maintain on a current basis complete and accurate records and accounts of al1 obligations and expenditures offunds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts. 9. The VPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The VPD shall maintain all such reports and records until all audits and examinations are completed and resolved, or for a period ofthree (3) years after termination ofthis agreement, whichever is sooner. 10. The VPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations ofthe United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 2 4. The VPD officer assigned to the Task Force shall be deputized as a Task Force Officer of DEA pursuant to 21 U.S.C. Section 878. 11. The VPD agrees that an authorized officer or employee will execute and retum to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Mauers; and Drug-Free Workplace Requirements. The VPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the by DEA until the completed certification is received. 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or prograrns fi.rnded in whole or in part with Federal money, the VPD shall clearly state: (1) the percentage ofthe total cost of the program or project which will be financed with Federal money and (2) the dollar amount ofFederal funds for the project or program. 1 3. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2022. Tltis agreement may be terminated by either party on thirty days'advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days ofthe date oftermination ofthis agreement. DEA will be responsible only for obligations incurred by the VPD during the term of this agreement. For the Drug Enforcement Administration: Date: For the Vemon Police Departrnent: r')ate: Carlos Fandino City Administrator Attest: Date Lisa Pope City Clerk Approved as to Form: ate: Zaynah N. Moussa Interim City Auomey 3 n William D. Bodner Special Agent in Charge ATTACHMENTS: (1). OJP Form 4061/6 (3-91): Certifications Regarding Lobbying; Debarment, Suspensions and Other Responsibility Matters; and Drug Free Workplace Requirements. (2). Roster of Local, State, or Federal Agency Personnel Assigned to the United States Drug Enforcement, Los Angeles Field Division. 4 ROSTER OF LOCAL, STATE, OR FEDERAL AGENCY PERSOI{NEL NAME OF AGENCY: Vemon Police Department 1 5 ATTACHMENT 2 U,8. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PBOGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REOUIREMENTS Applicants should refer to the regulations cited below to determine the certilication to which they are required to atlest. Applicants should also review the iR6truclions for certilication included in the regulations before completing this from. Signature o{ this form provides for complianco with certification requirements under 28 CFR Part 69, 'New Flestrictions on Lobbying" and 28 CFR Part 87, "Govemment-wide Departmont and Suspension (Nonprocurement) and Govemment-wide Bequirements tor Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Departmenl of Juslice delermines to award the covered lransaction, granl, or cooperative agre€ment. 1. LOBBYING As reouired bv Section 1352. Iite 31 of the l-1.S. Codo. and imoleniented et 28 CFR Part 69. for oersons enterino into agrant or coop€rativ€ aqroement ovar $100,00d, es de'lined al 28 CFR Part 69, the apa-licant certifies that: (a) No Federal aooroDriate funds ha\€ been baid or will be oaid. ov or on behirlf 6f lhe undersioned. to anv bcrson for in- lluencido or atlemotno lo influence-an otficer ir/ emolovee ot anv aoe-ncv. a Mernb€i of Cnnoross. an officer or emblo'v66 ol Cohor-ess.'or an emoloveg o, e Member of Conoresb iri con. nect'on with the maklno'o, anv Federal orant. llie-enterino intool anv coooerative adre€meht. and €itension. contrnu-ation. renewal, . aniendment, -or modifiaatjon ol any F{ideral grant oi cooperatve agreemenl; (b) lf anv funds other than Fsderal aoDroorialrad funds have be€n oaid or will be oaid to anv oersdi ldr influencino or at- temotiho to intluence an ofllcer 6r€molovee of anv ao-encv. a Merhbei ol Conoress, an otfic€r or erilolAvee of dondressl or an emplovee ol ? Mehber of Conoress in-confiection -wilh this Federdl o'rant or @ooerativ€ aoree-mgnt. the undersioned shal comoleto- and submit Standai'd Form - LLL- 'Dlsdlcsure ol Lobbying Actjvities,' in accordance wlh ib instruetlonsi {c) The .rndersioned snall roouire lhat the lanouaoe ol this ceF tilication be included in lhe ai,ard documents Jor 5ll subawardsat all tiers (includino suborants. contracts under orants and coooerative aoreeme'nts. ahd sJbcontracts) add th;t alj sLb- r6cibients shaficertjfy and disclose accordineily. 2. DEBABMENT. SUSPENSION. AND OTHEF RESPONSIBILITY MATTERS (DTHECT RECTPTENT) As reouirsd bv Ex€cutive Order 12549. DCbarmont and SusDension. and imolem€nted at 28 CFFI Pn 67, lor orosoec- tlve-OartiCipants D pnmary covered transactioflS, 'as dbfined at28 CFR Pdrt 67, SeiXion 67.51S A. ThB applicant c€rtifles that it and its principals: (a) Are nol oresantlv dsbarred. suso€nded. oroboBed lor d6bar-monl. decldred inelioibre, sentoni€d to a ddnial ot Federatbenotits bv a State -or Fedgral court, or voluntarilv excludsdfrom covbred transactions by any Fedetal aepanment or agencyi (b) Hav6 not witirin a three-vear o€riod orecedino this aootica-tion been convided of or ha6 a civit iudoinent r6ridsred ddainst th6m lor commission ol lraud or a iriminal offense in cohnec- tion with obtaining, attsmpting to obtain, or psrfomiing a public (Federal, Stare, or loca') transaction or contract under a bublic 'transaciion: \iiolation 'of Federal or State antitrusl Statutes or commission of embgzzlsment. thett. foroerv. bribery, falsilication or oestruction ot recorG, making lals'e s{atenienls, or receiving stolen property; (c) Are not prgsentlv indicted lor or otherwise criminallv or civillv charoed bv a'oovemmental entitv (Federal. Shle'. or locan with -commission- of anv of trle otlenbes enuheratetl in parabraph (1Xb) ol this c€rtiflcartion: and {d) Have not wilhin a three-vear Deriod orecodino this aoolica- 0oh had one or more oublic trahsactiohs (Faddral, Sd{e, or local) terminaled for cauis or derault; and B. Where the aoollcant is unable to cartttv to anv ot tn€ statements in thili certiflcation, he or sh6-shalr attach an explanation to this application, 3. DBUG-FFEE WORKPLACE (GRANTEES OTHEF THAN INDIVIDUALS) As reouted bv ths Druo-Free Workolac€ Act ol 1988. and imDlemented al 28 CFB Pad 67. Suboart F. for oranteds. as defrned at 28 CFB Part 67 Si}ctioris 67.615 dnd 67.62G A, The applicant cerlities thar il will or will continue to provide a drug{reb workplace by: (a) Publishino a statsment notilvino omolovees that the irnlawf ul mai'ufacture. distibution,'dis-o€nsiio,'ooss€ssion. oiuse of a controll€d subslance is orohibited-in the orantile's workplace and specityinq th€ actions that will be taken- against employess for vi6latioh oI such prohibltion; (b) Estab|shing an. on.going drug-fr€e awareness program to rnform employ€es about- (1) The dangers o, drugs abuse in tl're workdac€; (2) The grantee's policy ot maintaining a drug-free workplace; (3) Any available drug counseling, rehabillta on, and employee assFumce programs; and (4) The penaltios that may be imposed upon employees for 0rug aouse vDlatrons occurnng rn th6 workplace; (c) Makinq it a reouiremenl that each €molovee to b€ enoao€din the psdormance ol trle grant be giveri a'copy o, the -stite- ment requrred by paragraph (a); (d) Notitying the ernployee in the statement required bvparagraph (a) that, as a condition of employmont under th6grant, the employee wlll- oJP FORM 4061/6 (3.91) BEPLACES OJp FORMS r{061,E, 40623 AND 4061/4 WHTCH ARE OBSOLETE b @ l i t I t I I (1) Abide by lh6 terms o, the stalementi and (2) Notity the employer in wdting of his or her 6onviction lor aviolation'of a criminal druo statito occurrino id lhs workolace no later than live calendar days afler such coa-viotlon; (8) Notjtvinq the aoencv, in writino, within 10 calendar davsatter receiving notlce 'under sub-paragraph (d)(2) from angmolovee or otherwrse recervino adual notice ot such convic-tiori. EmDlovers of convictod o-molov€es must Drovide nolice. includino odsition tite. to: Deodrhieflt ol Jusitlce. Otfice ol Justice Prborams, AT1N: Contd D6sk. 633 lhaiada Avenue. N.W., Wash'inoton. D.C. 20531. NoUce shall include the iden: tification numbb(s) of eac'r affected grant; (f) Takino one of th€ followino actions. witRin 30 calendardavs ol -receivino notice undEr suboaraoradh (d)t2). with regp€cl lo any emi'loyee yrho is so convibted-- (1) Takino aDorooriate oersonn€l action aodlnst such an driroloveel uo to end inclirdino termlnation. corglbtent with the r8qiJir6menti of the Flehabilitafon Act ot 1973, aa emended; or (2) Reouirino sudr emolov€e to oarlicioale sall8tactorilv in a driJo a6use -assistance or'rehabililation' oroordm aoorov'ed lor such purposes by a Federal, Stiat6, or lochl h-€alth, liri,v enforco- m6nt, or other appropriate ag6ncy; (ol Makino a oood fai[] etfort to continuo lo maintain a druo- fr-6e workilacd through implemsntatjon of paragraphs (a), (bJ, (c), (d), (e). and (0. - B. The orantee mav inssrt in the soace orovided below th6 sile(s) loi tle oerloimance of work'done'in connection witt lhs sp€cific gradt: Place of Pedormance (Street addr€ss, city, counrry, state, zip cod6) Check -'l if there are workolaco on flle fiat are not identifiedhere. - Section 67.630 ol the reoulations orovides that a orante€ that ls a Stale mav elect to mike on6 berlifrcation in eech Federal fiscal vear. A'coDv ol which shoulo be included with each ao- olicati6n lor Deoaitment ol Justico fundino. States and Stale agencies may elect to use OJP Form 4061r. Chscx E i, the State has slected to complete OJP Form461fi.- DRUG-FBEE WORKPLACE(GRANTEES WHO AFE INDIVIDUALS) As r€ouired bv the Druo-Fr€€ Workolacs Act ol 1988. and rmolerdented al 28 CFF Part 67. Suboart F. for oranteds. as defrned al 28 CFR Part 67: Sections 67.615 and 67.62G A. As a condition ot ths orant. I certitv flat I will not enoaoe;n the unlawful manufactu-re. disrributi6n, disoensino. oodbe-s- sion,. or use ol a controllsd substance ih conEititrn any activity with tle grant and B. lf convinoed ol a crlmlnal druo otlense resultino from a violation @currino durino the conduc{ ol anv oranl -aclivitu- I will reoon the co-nviction-. in writino. within {o-calendar d'avsof me convlction. to; Oeoartment oJ Juslice. Office of Ju$i6e ProOrams, ATTN: Contrbl Desk, 633 lndiana Avenue, N.W., Washington. D.C. 20531. As the duly auhorized representative ot the applicant, I hereby canity that fie applicant will comply with tls above certifcations. Grantee Name and Addross: Vernon Police Department 4305 Santa Fe Avenue Vernon cA 90058 2. Application Number and/or Projoct Name 3. Grantee lRslr'endor Number 4. Typed Name and Itle of Authorizsd Reprd6Cntative Carlos Fandino, City Administrator 5. Signature 7 6. Date City Council Agenda Item Report Agenda Item No. COV-782-2021 Submitted by: Nicholas Perez Submitting Department: Police Department Meeting Date: September 21, 2021 SUBJECT Police Department Vehicle Purchase Recommendation: Approve and authorize the issuance of a purchase order to Wondries Fleet Group/National Auto Fleet Group for a 2022 Chevrolet Traverse through the Sourcewell Master Vehicle Contract (120716-NAF) for approximately $43,071.41 to replace one administrative vehicle in the Police Department fleet. Background: The Vernon Police Department (VPD) conducts an annual assessment of its vehicle fleet to identify the vehicle(s) in need of replacement. The evaluation consists of assessing the useful life of vehicles and equipment in terms of age, mileage, and usage. The vehicles are also reviewed and analyzed for safety history and operating performance to determine if it is appropriate to replace a vehicle or piece of equipment at a later date. After careful evaluation, one administrative vehicle has been identified for replacement. The Department has identified Wondries Fleet Group/National Auto Fleet Group as a vendor that can deliver one 2022 Chevrolet Traverse RS, utilizing Sourcewell Master Vehicle Contract # 120716-NAF (formally National Joint Powers Alliance). The City of Vernon is a member of Sourcewell, which offers members cooperative buying contracts. Pursuant to Vernon Municipal Code (VMC) Section 2.17.12(A)(5), the purchase of the proposed vehicle is exempt from competitive bidding, as Sourcewell’s practice ensures that members receive the lowest price available using competitive bidding. The quote secured from Wondries Fleet Group/National Auto Fleet Group for this potential purchase is based on Sourcewell contract pricing and, in the opinion of the Finance Director, it is to the advantage of the City to procure the vehicle from the selected vendor. City Council approval for this purchase is required pursuant to VMC Section 2.17.02(B) as in the last 12 months, with this purchase (if approved), the City will have awarded the vendor more than $100,000 in contracts. The replaced vehicle will be taken out of the fleet inventory and will either be transferred to another City Department, or sold at auction. Fiscal Impact: VPD funds will be used for this purchase at an estimated cost of approximately $43,071.41. If approved, the cost would be charged to Capital Account Number E011.1031.840000. Funds were approved in the 2021-2022 fiscal year budget for this purchase. Attachments: 1. VPD Admin Vehicle Quote (22' Chevy Traverse) € National Auto Fleet Group A Divl.ion of Chrvrol!l ol Wat.onyill. 490 Auto Csnten orive, Watsonyille, CA 95076 [8ss) 289-6572. 1855) BUY-NJPA . [831] 480-8497 Far FleeteNEtionalAutoFleetGroup.com August 30, 2021 Lieutenant Nicholas Perez City of Vernon Police Department 4305 Santa Fe Ave Vemon, Ca 90058 Delivery Via Email Dear Lt. Perea Lr response to your inquiry, we are pleased to submit the following for your corsiderdion: National Auto Fleet Group will sell, service aod deliver at Vemorl nedunused 2022 Chevy Traverse AWD 4DR RS responding to your requirement with the attached specifications for $38982.00 plus State Sales Tax, and $8.75 tire tax (non-taxable). These vehicles are available under the Sourcewell (Formerly Known as NJPA) master vehicle contrac# I 2071 GNAF. One Unlt MSRP Ono Unit Total Savlngs Total Savings 2022 Chevy Trave rse AWD 4DR RS 47,53o'(I) 38,982.m l7.98f/o &548.m SubTotal 38,982.m Sales Tax 3,995.66 Transportation 85.m Tire Tax 8.75 Total 43,071.41 Terms are net 30 days. Delivery 90-120 Days ARO Ndional Auto Fleet Group welcomes the opportunity to assist you in your vehicle requirements. Kevin Buzzard National Law Enforcement Sales Manager National Auto Fleet Group wondries Fleet Group 626-457-5 590 0 7 r4-264-t867 C Buzzard5150@gmail.com @rovora r*8E5,-:SttE:, -gt€F<EIF J NISSAN Ubrd CHROMEDATA Wondries Fteet Group / NationalAuto Fleet Group An Autodotq Solutions Brond Kevin Buzard | 626-457-5590 OFC I Bu-zzard5150@gmail.com Wondries Fleet Group / National Auto Fleet Group Prepared By: Kevin B' p?.rd Wondries Fl€et Group / Nalional Auto Fleet Group 62H5/-5590 oFC Buzzsrdsl 50@gmail.com p.6psrr/3 inFn b s.JbJ€ct lo lho .core., o,lhe lnput p.wlded. Oela Ve.sloo: 14510. Da. tipdrt d tug 30, m21 2:S$0 A POf Aug 30, 2021 CHROMEDATA Wondries Fleet Group / NationalAuto Fleet Group An Autodoto Solutions Brond Ksyin Buzard I G2G-457-5S9() OFC I Buzzardslso@gmail.com Vehicle: [Fleetl 2021 Chevrolet Traverse (1NW56) AWO 4dr RS 1y' co-p'c 1 Selected Model and Options MODEL COOE ODEL 1Nv\156 202'l Chevolet Travelse AWD 4dr RS COLORS CODE GAN DESCR|PnO{ Sllver lce Metslllc (Availabb wlth (WBL) Redlins Editim. Not evsilabls on L.) E tsstoNs CODE DESCRIPTION YFs Emissions, Calibmia sEtB naquirements ENGINE CODE LFY TRAI{SXISSTON CODE DESCRIMON M3v Tremmisslon, g€pood autornatic (sTD) PREFERRED EOUIP ENT GROUP CODE DE9CRIPTION zLT RS Prsfened Equlpment Groop lndudes Standard EquipflEnt DESCRIPTION Ensine, 3.6L V6, SlDl, WT (310 hp [232.0 kW] @ 68m rprn, 266 lb.'fi of torque [361 N{n] @ 2800 rpm) (STD) PAINT CODE GAN DESCmm()l{ Silver lce Metdlc (Ayrihble wi$ (WBL) Redline Editbn. Not availablo on L.) SEAT TYPE CODE DESCRIMO ARg SeeB, frcnt buckot (STD) SEAT TRIIII CODE DESGRIPnON HoY Jet Black. L€athsr-appoinbd ssat tim (R€quirEd vytEn RS (2LT) or (WJU) Munight/Sport Edition is ordered.) rlgio . Paatorrnenca fluca arE guEClu ony. and rcttlal porlbamenca mey v!ry. Phob6 may not rapEslnl lclual vdrlclca or rxad cor$euttdons. ConEnl ba36d on rE9otl p.!D.rti! lnput b rubl.d to th6 aoct r.t of fiE tpul provtdcd. O.b V.nkh: 145m. O.L uDdaLd Arg 30. 2&Zl 2:30:00 Alt POI &A 30.2O2t Pr9.3 CHROMEDATA Wondries Fleet Group / NationalAuto Fleet Group An Autodoto Solutions Brond Ksyln Buzard | 62&457-5590 OFC I Buzzards1s0@gmail.com Vehide: [Fleet] 2021 Chevrolet Traverse ('t NW56) AWD 4dr RS 1J compete 1 RADIO CODE toT DESCRIPTION Audio system, Chevrolst ln otainment 3 Premium syStem with conneclad Navigstial, 8'diagonel HD color touc+rscreen, AM/FM sbreo, Bluetooth audio streaming for 2 actiYe devices, Apple CarPlay and Androld Auto capsble, enhancsd voice r€cognition, additional rnemory for in-\rehide apps, doud connecied Persooalazation for ssl8€t infotehfiEnt and vehide setings. Suhscriptin rcquirBd for enhanced 8nd conneclBd selvices after trial period (STD) ADDMO AL EOUIPUEIIT . EXTERIOR CODE DESCRIPTION VK3 License plate tront rnounling package (wlll be brced on orders with ship-to st8tas lhat requiro a front license plate) ADDMONAL EQUIPTENT . LPO CODE OESCRIPNON PDG LPO, Cargp Packsge indudes (VRS) retractable cargo shado, LPO ard (VV2D) vBrtical cargo nst, LPO VRS LPO, C8eo Ehade, tetraclsue (lnduded and onv available with (PDG) Cargo Package, LPO.) W2D LPO, Cargo net, vetticd (lncluded snd only avaihble wf,h (PDG) C€tgo Padege' LPO.) optlons Totll Pdrra, aoacifcatibrs, snd svattablit a|! lubiq, b drtuE ryihout nodcs, ard do not irdli€ c€rirln f66, trres and dEgE6 thet m8y b€ rquiid by latl o. vary tr mtrfcturor d prqcrr'. lnput b ldtl.d b th. .c.r'.a, o( hc lnd gmirltLd. D.b Vcslon: 145m, ot updaLd AllO 3,0, 2m! 2:30So AM POT A.rg 30. a)21 P.9. 4 CHROTUEDATA Wondries Fleet Group / National Auto Fleet Group An Autodoto Solutions Brond 66Vi1 Bu-,ard I 62G4S7-5590 OFC I Buzzards1S0@gmail.com Vehicle: [Fleet] 202'l Chevrolet Traverse (1NW56) AWD 4dr RS 1 I con4"t" 1 Standard Equipment Pacl(.ge LT PrBmhm PackagB includes (lOT) Chsvlolel lnfotainment 3 Prsmium systam with connsclad Navigation and 8" d'ragonal HO cobr touch-6cfBen, (UQA) Bose prcmium lo-speaker system, (DRZ) Rear Camara Mirror' (UV2) HD Swround Mdon and (Kl6) l2Gvolt porrer oudef (lndudes (SSg) 20' Dark Android paintsd aluminum rYhe€8.) Convenienca and Driver Confidence Packsg€ indudes (lOS) CheYrolst lnfotainmEnt 3 Plus syst€m wlth 8' diagonal HD color touchscreen, (UDD) rndti-color Driv6r lnformafion Center dlsplay, (KAl) h€ated front seats, (UGl) Uniwrsal Hom6 Remot8, (BTV) Remore St8rt, (TB5) rear po\rer lifrgst€, (UKC) Lans Chang€ Alsrt w'th Slde Bllnd Zon€ Alert, (UFG) R€sr Cross Tr8ffc Al6rt and (UD7) REar Park Assiet ((tOS) Chevrolet lnbtalnment 3 Plus slrstsfii with 8' diagonal HD color bufiscreen rsplaced with (lOT) Chevrobt lntutainment 3 Pl6mium syslem wl'trl mnneded Nsvigation ard 8' dhgonal HD color !ouchscr86n.) Chevy Safety A3slst indudes (UHY) Autdnatic Emergency Braking, (Ul(J) Fmnt Pedestisn Braking' (UHX) Lano Keep Assist with LanE D€partufe waming, (uE4) Folblying Distance lndicatol, (uElJ) Foward collision Alert 8nd CfQs) lnteliBeam (Also indudcs (Kl3) Automatic hsated st8ering wheel.) M6chanical Engho, 3.6L V8, SlDl, WT (310 hp t232.0 kwl @ 6800 Am, 266 lb-{t of b.qu€ [361 N-m] @ 2800 rpm) (SID) Trarlsmisiion, g€peed auiomatc (STD) Elo Fud capable Engine cooEol, slcp-sErt syslern Drlv€r iilo& S.bdr Ada, 3.49 frnal drtue l.etlo Chakr, AlLWhe€l Dirt€ Systdn (hduded 8nd only svellabb with AWD modoE.) Batt€ry, heevy{uty @0 oold-{ranking ampg Albrnabr, 170 amps G\^\rR, 6160 tbs, (2800 kg) Su6porl8ion, Rlde etd Hending Stearhg, p.llxsr Brsk€s, 4-*hcol antlock, 4r*thacl di6c, lf M and tEar Eloctic Parking Erake Capls6s tud fll Tool lG rrd emdl8flcy Exterior Wheeb, 20' (5O.8 cm) Dart Android peinbd aluminum TlrG, P255/55R20 all-seeson blacl(xrall Exhaust ud€vd Wtr€6l. sparB, 18' (45.7 sn) sd p.rpsrr/s hput b rubj..i b tho rcsr.cy ol0l. lptrt 9.ovld!d. D.t Vallbll: t,l5r0, Drb uFdaEd fug 30, 2021 230:00 AU PDr Arlg 30. 2021 P.o. s CHROMEDATA Wondries Fteet Group / NationalAuto Fleet Group An Autodoto Solutions Brond Ksyln Buzard | 626457-5590 OFC I Buzzard5'150@gmail.com Vehicle: [Fleet] 2021 Chevrolet Traverse (1NW56) AWD 4dr RS 1l comptete 1 Exterior Tir., compad spaB, T13&70R18, bbdordl Roof r8ls, Bbd( Fascb, to.rt body-color Mouings, Elact boq/dde Moldings, rockor, Blac* Hsadhrnps, hi$ iniansity didlaQs Hoada np6, lnte iB€am suto hbh boam @nttd Hae.Xampo, aubrnrtic odofr Fog lamps, hont Tailangs. LED Minor cap8, bodfcolor Mlnors, outs&I6 heafed poti€rdju6&bb mauaLfoldiry, bodfcolor' with trm signal indicators Glass, d€+tintad WF6rs, fiult lntsnnittant with vrash€ts Wp€r, Iear lnbmitUrnt with tYesher LPO, Gbos Bbck ombhm kit ooor h€ndl6s, body-color Lifrgab, raer powar Entartainment Audb systam, Chevrol€t lnbtainrnent 3 Pr€mium system wtth connec{€d Navig8tlon, 8'diagonal HD color touA,scieen. AtWfU storeo, Blu.tooth audo strgaming for 2 active dsvlces, Apple CarPlay and Androld Auto capable, onhsncad voice rEcogniton, ddil{onal rnemory for ln-vehk o apps, doud conn€c'ted psBonalizatim tor saiect inbtainment and vehlcls sattirEs. Subscripdon lequir6d for eohancad and connecled seM63 affer tdal period (STD) Ardb sllsl3m featJre, 806€ pemium I O-speaker system with subw@ier in cantBr console SiriusxM Radio sriuro wi$ 36oL Equipp€d with sirirrsxM rvith 36oL Enioy a tial subscriEbn of the AI Access package br ths full 3GOL g)gedff&, iit a greaer valiay of SiriusxM conbnt, a rnoa€ psrsonafizod exPotieoce and eas'ler navbaton. WiUi Ule AI Accass psckage, you can aho enjoy ,!ur fa'o.itas €vE{-ywhor€ you Co, with th€ Sidr.i)o,l app, onlne end at home on compalido conn€ctod d,evioes. 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Oab V.r$.ll '1/]570' Oai! ulded A,c 30, 2021 23C@ AX POt Arg 30, m21 P!e' 6 CHROMEDATA Wondries Fleet Group / National Auto Fleet Group An Autodoto Solulions Brond Kevin Buzzard | 62&45-r-5590 OFC I Buzards1so@gmail.com Vehicle: [Fleet] 2021 Chevrolet Traverse (1NW56) AWD 4dr RS ( y' comdere ] Entertainmont 4G LlE Wi-Fi Hotepot capabb Cforms ard lmitetons apply. S6e orEtar.cdn or dealer for detafls.) 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Oea updated Alrg 30. 2O2! 2:30!0 A FOT tug 30. 2021 P.9.6 CHROMEDATA Wondries Fleet Group / NationalAuto Fleet Group An Autodoto Solutions Brond Kgvin Buz"ard I 626-457-5590 OFC I Buzzard51S0@gmail.com Vehide: [Fleet] 2021 Chevrolet Traverse (1NW56) AWD 4dr RS 1y' corn4ec 1 Safoty-lntetlor Rear Cross Traffc Alelt Font P€dasfian Braking Door lods, rsar chiH ssardty Rear S€t Reminder I.ATCH sFlem (LowEr An€fpts and TethsB for CHildrBn), ior child lEtraint saa{s Teen Orlv6r a cofifigurable ,ostur8 lhat 19ts you acfvate customtrsbh vehid€ setlings associated with a key iob' to heh oncourage ;6a ddving behavior. lt can limlt cartain available v6hid€ faatJ€s, and lt prsvants c€rtain saiaqi ayatams from Oeing turned off. ll Indud€a th€ Buckle,b,.Driv6 bature which prBvents tho driver from *ining iroan Park for up !o 20 3€con& if tho drhrers ssat belt b not budded. 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Engine, 3.6L V6, slDl, WT Trensmission, g-spaed eubmetic MSRP:546,1m.00 OPTIONS CODE 1tIw56 XODEL tFlee{ 2021 Chevrolet Traverse (1 t'tw56) AwD 4dr RS omoras RS Pr€bnBd Equipment Group S€ats, flont bl.d(et Slhrsr lca Motallic Jet B8ck, Loath€r-appointod seat trim Audb systam, Chowolet lnfotainment 3 Premium s!rs!8m Engin6, 3-6L V6, SlDl, WT Transmission, g-speed autornalic LPO, Catgo Packagg Licansa plats front mountng psckage LPO, Cargo shade, rstractabl€ LPo, Cargo net vBrtical Emissbns, Califomia state r€quirementg IISRP $46,100.00 zLr Attg GAN HOY toT LFY M3V PDG VK3 VRS w2D YF5 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $195.00 $40.00 lnc. lnc, $0.00 SUBTOTAL Adiustments Total Dostination Cherg€ TOTAL PRICE FUEL ECONOIIY Est City:17 MPG Esl Highway:2s MPG Est Highvray Cruising Rang€:5/p.50 mi i16,335.00 $0.00 $1,19s.00 $47,s30.00 "O.r. perO,n-r- rf$"a! rlt gu|d.to cty. ao arit p6rls',l.nc. mry y.(y. Phot€ rry not rq€!.nt .ct J v.llct (..xiact.oniguEurnr Co. an1ba8.d on ro9orl frp.r.r" ttprt t *Uia r UD-.conlcy ot ul. hput Fuvldd OfiVJdon:14570. Oir updtE tug 30,20212:30i0 AM POT Alg 30. 2021 City Council Agenda Item Report Agenda Item No. COV-785-2021 Submitted by: Brandon Gray Submitting Department: Police Department Meeting Date: September 21, 2021 SUBJECT Office of Traffic Safety Selective Traffic Enforcement Program (STEP) Grant Agreement Recommendation: Approve and authorize the City Administrator, Police Chief, and Police Sergeant to execute an agreement between the City of Vernon and the Office of Traffic Safety, in substantially the same form as submitted, for a one (1) year term, for participation in the Selective Traffic Enforcement Program (STEP) with an effective date of October 1, 2021. Background: The Vernon Police Department (VPD) has received a grant through the Office of Traffic Safety to participate in the Selective Traffic Enforcement Program (STEP). The goals of the program include the following: reduce the number of persons killed and/or injured in traffic collisions; reduce the number of persons killed and/or injured in DUI related collisions; and raise public awareness about DUI enforcement activities in the Los Angeles County region. In order to accomplish the goals of the program, participating agencies will be required to take part in various enforcement activities which include saturation patrol details, motorcycle safety enforcement, distracted driving enforcement, pedestrian and bicycle enforcement, and DUI checkpoints. VPD staff will coordinate enforcement activities as required on an overtime basis. The VPD will receive reimbursement for a majority of the overtime related costs (benefits calculated at 1.45%). The VPD has participated in this program for a number of years and has been successful attaining the goals specified. To participate in the program, law enforcement agencies are required to sign an agreement to receive reimbursement for personnel overtime costs. Reimbursements will be made within 90 days of receipt of an invoice, activity log, and quarterly traffic collision reports. The agreement is for a one-year term and shall remain in effect until September 30, 2022. The City Attorney's Office has reviewed and approved the proposed agreement as to form. Fiscal Impact: There are sufficient overtime funds in the FY 2021-2022 VPD budget for participation in STEP. The projected overtime reimbursement for VPD's annual participation is approximately $75,000. Attachments: 1. Office of Traffic Safety STEP Grant Agreement 9/8/2021 9:36:06 PM Page 1 of 17 State of California – Office of Traffic Safety GRANT AGREEMENT GRANT NUMBER PT22101 1.GRANT TITLE Selective Traffic Enforcement Program (STEP) 2.NAME OF AGENCY 3.Grant Period Vernon From: To: 10/01/2021 09/30/2022 4.AGENCY UNIT TO ADMINISTER GRANT Vernon Police Department 5.GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enf orcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6.Federal Funds Allocated Under This Agreement Shall Not Exceed:$75,000.00 7.TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: Schedule A – Problem Statement, Goals and Objectives and Method of Procedure Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A – Certifications and Assurances Exhibit B* – OTS Grant Program Manual Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8.Approval Signatures A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL NAME: TITLE: EMAIL: PHONE: ADDRESS: Gustavo Herrera Sergeant gherrera@covpd.org (323) 587-5171 4305 Santa Fe Ave Vernon, CA 90058 NAME: TITLE: EMAIL: PHONE: ADDRESS: Carlos Fandino City Administrator cfandino@ci.vernon.ca.us (323) 583-8811 4305 S. Santa Fe Avenue Vernon, CA 90058-1714 (Signature) (Date) (Signature) (Date) C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: TITLE: EMAIL: PHONE: ADDRESS: Robert Sousa Chief of Police rsousa@covpd.org (323) 583-8811 ext 114 4305 Santa Fe Ave Vernon, CA 90058 NAME: TITLE: EMAIL: PHONE: ADDRESS: Barbara Rooney Director barbara.rooney@ots.ca.gov (916) 509-3030 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 (Signature) (Date) (Signature) (Date) 9/8/2021 9:36:06 PM Page 2 of 17 10.PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 164AL-22 20.608 0521-0890-101 2021 21/21 BA/21 $55,000.00 402PT-22 20.600 0521-0890-101 2021 21/21 BA/21 $20,000.00 AGREEMENT TOTAL $75,000.00 AMOUNT ENCUMBERED BY THIS DOCUMENT I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above. $75,000.00 PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT $ 0.00 OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $75,000.00 E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9.SAM INFORMATION NAME: Carolyn Vu SAM #: REGISTERED ADDRESS: CITY: ZIP+4: ZMK4GCEKJ7G3 4305 S. Santa Fe Avenue Vernon 90058-1714 ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 9/8/2021 9:36:06 PM Page 3 of 17 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule A GRANT NUMBER PT22101 1.PROBLEM STATEMENT The City of Vernon will use grant funds for enforcement efforts to target DUI drivers, as well as those who commit other violations (speed, distracted driving, turning/yielding violations, etc.) that may contribute to traffic crashes. Our mission would continue to be simple in concept: continue to educate the public about the dangers and consequences of DUI drivers, and reduce traffic crashes and in doing so, reduce injuries and deaths associated to such crashes. The City of Vernon Public Works Traffic Engineering Division conducted a Traffic Crash Review Report in 2014. Included in the report are the most frequent locations of traffic crashes and a list of the top primary crash factors. Current statistics (refer to Traffic Data Summary below) from 2018-2020 indicate the top primary crash factors have remained the same. In examining the OTS Crash Rankings for 2018, we have also identified the below problem areas that we recognize and need to be addressed. As a part of the Group G, the City of Vernon had the following rankings: Total Fatal and Injury: 1/32 Alcohol Involved: 3/32 Had Been Drinking Driver < 21: 14/32 Had Been Drinking Driver 21-34: 2/32 Motorcycles: 2/32 Pedestrians: 1/32 Bicyclists: 1/32 Composite: 1/32 Speed Related: 1/32 Nighttime (9pm-2:59am): 3/32 Hit and Run: 3/32 With the assistance and activities a STEP grant offers our department, we will strive to reduce traffic crashes, therefore reducing injuries and deaths associated with traffic crashes. Our target population is not just limited to “infraction violators” and/or “DUI suspects.” The Vernon Police Department sincerely wants our entire community to know that traffic safety is a major priority to us. That is one of the reasons why the Press Release during the cycle of a grant is so important, because it communicates to the public that there is an emphasis and priority on traffic safety in our city. We intend to continue to drive home this message, through educational handouts at checkpoints and/or during routine public contacts. The following is a traffic data summary, including 2020 statistics: - 0 fatal crash with 0 victim (1 less than 2018, 4 less than 2019 ). - 135 injury crashes with 171 victims (46 less crashes than 2018, and 48 less than 2019). - 4 alcohol involved crashes with injuries (4 less than 2018, and 2 less than 2019), with 0 fatality. - 6 pedestrians were injured in crashes (1 more than 2018, and 4 less than 2019), with no fatalities. - 11 bicyclists were injured in crashes (1 more than 2018, same as 2019), with no fatalities. 2.PERFORMANCE MEASURES A. Goals: 1.Reduce the number of persons killed in traffic crashes. 2.Reduce the number of persons injured in traffic crashes. 3.Reduce the number of pedestrians killed in traffic crashes. 4.Reduce the number of pedestrians injured in traffic crashes. 5.Reduce the number of bicyclists killed in traffic crashes. 6.Reduce the number of bicyclists injured in traffic crashes. 9/8/2021 9:36:06 PM Page 4 of 17 7.Reduce the number of persons killed in alcohol-involved crashes. 8.Reduce the number of persons injured in alcohol-involved crashes. 9.Reduce the number of persons killed in drug-involved crashes. 10.Reduce the number of persons injured in drug-involved crashes. 11.Reduce the number of persons killed in alcohol/drug combo-involved crashes. 12.Reduce the number of persons injured in alcohol/drug combo-involved crashes. 13.Reduce the number of motorcyclists killed in traffic crashes. 14.Reduce the number of motorcyclists injured in traffic crashes. 15.Reduce hit & run fatal crashes. 16.Reduce hit & run injury crashes. 17.Reduce nighttime (2100 - 0259 hours) fatal crashes. 18.Reduce nighttime (2100 - 0259 hours) injury crashes. B. Objectives: Target Number 1.Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 1 2.Participate and report data (as required) in the following campaigns, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization, National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month. 10 3.Develop (by December 31) and/or maintain a “HOT Sheet” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated HOT sheets should be distributed to patrol and traffic officers monthly. 12 4.Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5.Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6.Send law enforcement personnel to SFST Instructor training.1 7.Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained. 5 8.Conduct DUI Saturation Patrol operation(s).7 9.Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations. 5 10.Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting. 2 11.Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 1 12.Conduct Nighttime (1800-0559) Click It or Ticket enforcement operation(s).1 13.Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 2 9/8/2021 9:36:06 PM Page 5 of 17 14.Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. 1 15.Conduct highly visible collaborative DUI Enforcement operations 2 16.Conduct highly visible collaborative Traffic Enforcement operations 1 3.METHOD OF PROCEDURE A. Phase 1 – Program Preparation (1st Quarter of Grant Year) The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section. All training needed to implement the program should be conducted this quarter. All grant related purchases needed to implement the program should be made this quarter. In order to develop/maintain the “Hot Sheets,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. Hot Sheets should be updated and distributed to traffic and patrol officers at least monthly. Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO. B. Phase 2 – Program Operations (Throughout Grant Year) The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements The following requirements are for all grant-related activities. Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at pio@ots.ca.gov for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated. The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator. Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at pio@ots.ca.gov and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public. If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated. Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.). Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO 9/8/2021 9:36:06 PM Page 6 of 17 approval process. However, announcements and results of activities should still be copied to the OTS PIO at pio@ots.ca.gov and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date. Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval. Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval prior to the production or duplication. Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs. Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year. Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted. C. Phase 3 – Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30). 2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30). Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments. Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. Collect, analyze and report statistical data relating to the grant goals and objectives. 4.METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5.ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 9/8/2021 9:36:06 PM Page 7 of 17 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule B GRANT NUMBER PT22101 FUND NUMBER CATALOG NUMBER (CFDA) FUND DESCRIPTION TOTAL AMOUNT 164AL-22 20.608 Minimum Penalties for Repeat Offenders for Driving While Intoxicated $55,000.00 402PT-22 20.600 State and Community Highway Safety $20,000.00 COST CATEGORY FUND NUMBER UNIT COST OR RATE UNITS TOTAL COST TO GRANT A. PERSONNEL COSTS Straight Time $0.00 Overtime DUI/DL Checkpoints 164AL-22 $7,800.00 5 $39,000.00 DUI Saturation Patrols 164AL-22 $1,400.00 7 $9,800.00 Collaborative DUI Enforcement 164AL-22 $1,400.00 2 $2,800.00 Benefits for 164AL OT @ 1.45% 164AL-22 $51,600.00 1 $748.00 Traffic Enforcement 402PT-22 $1,400.00 5 $7,000.00 Distracted Driving 402PT-22 $1,400.00 2 $2,800.00 Motorcycle Safety 402PT-22 $1,400.00 1 $1,400.00 Night-time Click It Or Ticket 402PT-22 $1,400.00 1 $1,400.00 Pedestrian and Bicycle Enforcement 402PT-22 $1,400.00 2 $2,800.00 Traffic Safety Education 402PT-22 $1,400.00 1 $1,400.00 Collaborative Traffic Enforcement 402PT-22 $1,400.00 1 $1,400.00 Benefits for 402PT OT @ 1.45% 402PT-22 $18,200.00 1 $264.00 Category Sub-Total $70,812.00 B. TRAVEL EXPENSES In State Travel 402PT-22 $1,536.00 1 $1,536.00 $0.00 Category Sub-Total $1,536.00 C. CONTRACTUAL SERVICES $0.00 Category Sub-Total $0.00 D. EQUIPMENT $0.00 Category Sub-Total $0.00 E. OTHER DIRECT COSTS DUI Checkpoint Supplies 164AL-22 $2,652.00 1 $2,652.00 Category Sub-Total $2,652.00 F. INDIRECT COSTS $0.00 Category Sub-Total $0.00 GRANT TOTAL $75,000.00 9/8/2021 9:36:06 PM Page 8 of 17 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule B-1 GRANT NUMBER PT22101 BUDGET NARRATIVE PERSONNEL COSTS DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel Benefits for 164AL OT @ 1.45% - Medicare 1.45% Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Night-time Click It Or Ticket - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel. Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel Benefits for 402PT OT @ 1.45% - Medicare 1.45% TRAVEL EXPENSES In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES - EQUIPMENT - OTHER DIRECT COSTS DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, 9/8/2021 9:36:06 PM Page 9 of 17 PAS device supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. INDIRECT COSTS - STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under. color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, 9/8/2021 9:36:06 PM Page 10 of 17 State of California – Office of Traffic Safety GRANT AGREEMENT Exhibit A GRANT NUMBER PT22101 CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: GENERAL REQUIREMENTS • 23 U.S.C. Chapter 4 – Highway Safety Act of 1966, as amended • Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94 • 23 CFR part 1300 – Uniform Procedures for State Highway Safety Grant Programs • 2 CFR part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 2 CFR part 1201 – Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards NONDISCRIMINATION (applies to subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to: •Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; •The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); •Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); •Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; •The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); •The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not); •Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; •Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and •Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100). The Subgrantee- • Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, 9/8/2021 9:36:06 PM Page 11 of 17 or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted; • Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal f inancial assistance under this program will comply with all requirements of the Non-Discrimination Authorities identified in this Assurance; • Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT’s or NHTSA’s access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; • Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance; • Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: “During the performance of this contract/funding agreement, the contractor/funding recipient agrees— a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law or regulation, as set forth in appendix B of 49 CFR part 2l and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs (a) through (e), in every subcontract and sub agreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program. POLITICAL ACTIVITY (HATCH ACT) (applies to subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of 9/8/2021 9:36:06 PM Page 12 of 17 any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to subrecipients as well as States) Instructions for Primary Tier Participant Certification (States) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person 9/8/2021 9:36:06 PM Page 13 of 17 who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered Transactions (1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Participant Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered in to. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the 9/8/2021 9:36:06 PM Page 14 of 17 department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA ACT (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchas e with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal 9/8/2021 9:36:06 PM Page 15 of 17 funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. POLICY ON SEAT BELT USE In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. INSTRUCTIONS FOR UPDATING GEMS USERS 1.Select the box to indicate if a current GEMS user needs access removed or a current contact needs access added. To add a new user/contact complete the last section of the form. There is also an option of adding/removing a user/contact as a media contact. 2.Each agency is allowed a total of FIVE (5) GEMS Users. 3.GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims. 4.The Grant Director, Authorizing Official, or the Fiscal Official of the grant agreement must sign this form. 5.Email completed forms to your grant coordinator, Tua Vang, at tua.vang@ots.ca.gov. Current GEMS User(s) 1.Gustavo Herrera Title: Sergeant Remove Access: Phone: (323) 587-5171 Media Contact: Yes Remove Email: gherrera@covpd.org 2.Daniel Onopa Title: Sergeant Remove Access: Phone: (323) 587-5171 Media Contact: Yes Remove Email: donopa@covpd.org State of California – Office of Traffic Safety OTS-55 Grant Electronic Management System (GEMS) Access Grant Details Date: September 9, 2021 Grant Number: PT22101 Agency Name: Vernon Police Department Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $75,000.00 Authorizing Official: Carlos Fandino Fiscal Official: Robert Sousa Grant Director: Gustavo Herrera Exhibit C Page 16 of 17 Complete the below information if adding a new GEMS user(s) Add GEMS User Add as a media contact? Yes No Name Job Title Email address Phone number Add GEMS User Name Job Title Email address Phone number Add GEMS User Name Job Title Email address Phone number As a signatory (Grant Director, Authorizing Official, or Fiscal Official) I hereby authorize the listed individual(s) to represent and have GEMS user access Signature Date Name Title Add as a media contact? Yes No Add as a media contact? Yes No Page 17 of 17 City Council Agenda Item Report Agenda Item No. COV-794-2021 Submitted by: Zaynah Moussa Submitting Department: City Attorney Meeting Date: September 21, 2021 SUBJECT Regulation of Commercial Cannabis Businesses in the City of Vernon Recommendation: Approve an indefinite hold on further action regarding regulation of commercial cannabis businesses. Background: The Vernon City Council previously expressed an interest in exploring the regulation of commercial cannabis businesses. The City Attorney’s Office conducted two Study Sessions before the City Council, on January 19, 2021, and February 2, 2021, to discuss the regulation of commercial cannabis. On February 11, 2021, a similar presentation was made to the Vernon Business and Industry Commission, and two Community Town Hall Meetings were also held on February 22, 2021, and on March 4, 2021. The City Attorney’s Office provided an update on these efforts to City Council on May 18, 2021. After receiving feedback, the City Attorney’s Office and City Administration continued to work with staff from applicable City Departments to obtain their assistance, comments, and research, with the goal of producing a comprehensive regulatory ordinance packet for Council discussion. Since then, several cities in and around Los Angeles County have experienced significant legal challenges and/or allegations of ethical violations related to licensing and regulation of cannabis businesses. Other local cities with well-vetted cannabis licensing and application processes, such as Pasadena, Los Angeles and West Hollywood, have faced lawsuits brought by businesses that were not granted cannabis licenses. Even where a city’s cannabis regulatory structure is ultimately upheld and deemed lawful by a court, defending these lawsuits can be costly and time consuming. Two neighboring cities are also facing state audits of their cannabis licensing programs, and the outcome of that review is still pending. Recently, allegations of municipal corruption and pay-to-play schemes have made news headlines and have been linked to several cannabis businesses operating, or seeking permits to operate, in and around Los Angeles County. Vernon’s commitment to good governance is of paramount importance, and while staff believes that the City’s ethical foundation and internal safeguards are strong, pursuing cannabis licensing at this time could expose the City to unnecessary risk even when allegations are unfounded. In evaluating the foregoing issues and recognizing that municipal cannabis regulation and its legal framework are still evolving, including the uncertainty of pending state audits and other legal challenges to local cannabis regulations, staff recommends that City Council put an indefinite hold on further analysis and action towards regulating commercial cannabis businesses within the City. If no further action is taken, the City’s current blanket prohibition on any and all cannabis-related business within the City would remain in effect. The City Council can revisit the viability of commercial cannabis business regulation in the future, if desired. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: City Council Agenda Item Report Agenda Item No. COV-750-2021 Submitted by: Lissette Melendez Submitting Department: Public Works Meeting Date: September 21, 2021 SUBJECT Contract Award for City Contract No. CS-1345: City Hall Basement Cooling System Update Recommendation: A. Find that approval of the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15301, because the project consists of the restoration or rehabilitation of deteriorated existing equipment and involves negligible or no expansion of an existing use; B. Accept the bid proposal from Western Allied Corporation, as the lowest responsive and responsible bidder for the City Hall Basement Cooling System Update and reject all other bids; C. Approve and authorize the City Administrator to execute Contract No. CS-1345 in the amount of $275,200 for the City Hall Basement Cooling System Update Project, in substantially the same form as submitted, for a period not to exceed 180 calendar days; and D. Authorize a contingency amount of $15,000 in the event of an unexpected changed condition 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: The Public Works Department has identified a need to replace the cooling system that serves the Police Department in the basement of the City Hall complex. On June 15, 2021, a Notice Inviting Bids (NIB) and specifications for CS-1345, the City Hall Basement Cooling System Update Project (Project), were approved as to form by the City Attorney; and on June 17, 2021, the City Administrator authorized the advertisement of the NIB. CS-1345 will facilitate the replacement of the existing cooling system, with the contractor furnishing labor, materials, equipment, services, and specialized skills to perform work related to the Project. On June 29, 2021, Public Works advertised the NIB for the Project. The NIB was posted on the City’s Planetbids website and was published in the local newspaper. The bids for the Project were received and opened on July 14, 2021. The calculated results were as follows: 1. Western Allied Corporation $275,200.00 2. F.M. Thomas Air $298,726.00 Public Works staff reviewed the bids and deemed that the bid received by Western Allied Corporation is the lowest responsive and responsible bid. Based on a thorough bid evaluation, staff recommends award of the proposed Construction Contract to Western Allied Corporation. The proposed contract has been reviewed and approved as to form by the City Attorney’s Office. Fiscal Impact: An amount of $200,000 has been budgeted in the Fiscal Year 2021-2022 under account 011.1049.900000 (City Hall Energy Management System) to replace the basement cooling system. The cost for the Project is estimated to be $275,200 (a total of $290,200 including the $15,000 contingency). The additional funds required to complete the Project (potentially $90,200) will be drawn from the account balance, as there are sufficient funds available. Attachments: 1. Contract No. CS-1345 - City Hall Basement Cooling System Update Page 1 of 115 STANDARD FORM OF CONSTRUCTION CONTRACT BETWEEN CITY AND CONTRACTOR This Agreement is made and entered into at Vernon, California this ___ day of _______________, 20 ___, by and between the CITY OF VERNON, a chartered municipal corporation (hereinafter "City") and Western Allied Corporation, a California corporation (hereinafter "Contractor"), for construction of City Hall Basement Cooling System Update, Contract No. CS-1345. THE PARTIES HERETO AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS The “Contract Documents” except for modifications issued after execution of this Agreement, shall consist of the following documents which are either attached hereto as exhibits or are incorporated into this Agreement by this reference, with the same force and effect as if set forth at length herein: A. Governmental Approvals including, but not limited to, permits required for the Work B. This Agreement C. Exhibit A – General Conditions D. Exhibit 1 – Performance Bond E. Exhibit B – Special Provisions Specific for this Project F. Exhibit C – Equal Employment Opportunity Practices Provisions G. Notice Inviting Bids H. Instructions to Bidders I. Bid Forms J. Designation of Subcontractors 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. N/A Page 2 of 115 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: CITY HALL BASEMENT COOLING SYSTEM UPDATE CONTRACT NO. CS-1345 4. TIME FOR PERFORMANCE Contract Time. Contractor shall achieve Substantial Completion of the Work within 180 calendar days from the Date of Commencement established in City’s written Notice to Proceed (“Contract Time”), subject to adjustment in accordance with the Contract Documents. Contractor shall achieve Final Completion of the Work, within the time established by the Certificate of Substantial Completion issued by the City. The Contract Time may only be adjusted as permitted by this Construction Contract and the General Conditions. Time is of the essence of this Agreement. Except when the Contract Documents state otherwise, time is of the essence in the performance of the Work. Contractor acknowledges that the time limits and deadlines set forth in the Contract Documents are reasonable for Contractor to perform and complete the Work. Liquidated Damages. If Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time for Substantial Completion, Contractor shall pay City as liquidated damages the amount of One- thousand dollars ($1000.00) 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: _________. Page 3 of 115 5. CONTRACT SUM In consideration of the Contractor’s full, complete, timely, and faithful performance of the Work required by the Contract Documents, City shall pay Contractor the sum of Two Hundred and Seventy-Five Thousand, Two Hundred dollars/no cents ($275,200.00), payable as set forth in the General Conditions (“Contract Sum”). The actual direct cost of all Permit Fees is excluded from the Contract Sum, however Contractor’s cost of administration and coordination of all Governmental Approvals and Utility Fees is included in 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. Western Allied Corporation: By: _______________________________________ An Authorized Signatory Printed Name: ______________________________ Title: ______________________________________ Date: ______________________________________ CITY OF VERNON: APPROVED AS TO FORM: By: By: Name: Name: Zaynah N. Moussa Title: Title: Interim City Attorney Date: ATTEST: By: Name: Lisa Pope Title: City Clerk CONTRACTOR’S SIGNATURE MUST BE NOTARIZED Contractor’s Corporate Seal Page 4 of 115 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 5 of 115 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 6 of 115 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 – Indigenous Peoples’ Day 9. November 11th – Veterans Day 10. The 4th Thursday in November – Thanksgiving Day 11. December 24th – Christmas Eve 12. December 25th – Christmas Day 13. December 31st – New Year’s Eve U. Director. The Director of the Public Works Department of the City of Vernon or his/her duly appointed representative. V. Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. W. Extra Work. New or unforeseen work will be classified as Extra Work when determined by the City that the work is not described in, or reasonably inferable from, the Contract Documents, the work is not covered by any Bid line item or Allowance, and the work causes Contractor to incur additional and unforeseen costs. X. Field Directive. See, “Work Directive.” Y. Final Completion. Final Completion is the stage of performance of the Work when (1) all Work required by the Contract Documents has been fully completed in compliance with the Contract Documents and all applicable laws including, but not limited to, correction or completion of all punch list items noted by City upon Substantial Completion; (2) Contractor has delivered to City an Application for Final Payment and all closeout documentation required by the Contract Documents; and (3) documentation of all final Governmental Approvals has been submitted to City including, but not limited to a final Certificate of Occupancy or equivalent Building Department sign-off has been issued covering the entire Project site without exception or conditions. Z. Force Majeure. “Force Majeure” includes but is not limited to declared or undeclared war, sabotage, insurrection, riot, or other acts of civil disobedience, labor disputes, fires, explosions, floods, earthquakes or other acts of God. Page 7 of 115 AA. Fragnet. The sequence of new activities that are proposed to be added to an existing schedule. BB. Governmental Approval. Any approval, authorization, inspection, certification, consent, exemption, filing, permit, registration, plan check, ruling or similar authorization required by any federal, state or local law, regulation or procedures in order for Contractor to perform the Work. CC. Guarantee. Assurance to City by Contractor or product manufacturer or other specified party, as guarantor, that the specified warranty will be fulfilled by the guarantor in the event of default by the warrantor. DD. Modification. A Modification is: (1) a written amendment to Contract signed by both parties; (2) a Change Order; or (3) a Construction Change Directive. EE. Notice to Proceed. The Notice to Proceed is a document issued by the City fixing the date for Commencement for the Work. FF. Parties. The City and Contractor may be referred to in the Contract Documents from time to time as the Parties. GG. Permit Fees. Governmental Approvals and Utility Fees as required by any agency to be paid by the City of Vernon. HH. Project. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the City or by separate contractors. II. Project Manual/Contract Package. The volumes of Contract Documents and reference documents assembled for the Work made available to Bidders. JJ. Record Documents. The Drawings, Specifications, addenda, requests for information, bulletins, Change Orders and other modifications to the Contract Documents, approved shop drawings, product data, samples, mock-ups, permits, inspection reports, test results, daily logs, schedules, subcontracts, and purchase orders. Records Documents shall include a set of “As-Built” Drawings and Specifications, which shall be continuously updated during the prosecution of the Work. KK. Site. The physical area designated in the Contract Documents for Contractor's performance of the Work. LL. Specifications. The Specifications are the volume(s) assembled for the Work that includes, without limitation, the Bidding Documents, the Construction Contract and Exhibits, the General Conditions, Supplementary and/or Special Conditions, if any, the “GREENBOOK” STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2012 Edition), the Standard Plans for Public Works Construction (2009 Edition), State of California, Department of Transportation Standard Plans and Standard Specifications (2010 Edition), and the City of Vernon Standard Plans. MM. Specifications. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards, and workmanship for the Work Page 8 of 115 and performance of related services, including, but not limited to, the Project Technical Specifications, Standard Specifications, if any, and any applicable Trade Association Specifications. NN. Substantial Completion. Substantial Completion is defined to mean the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents as determined by the City so that the City can occupy and utilize the Work for its intended use and as further defined in the Contract Documents. OO. Unilateral Change Order. See “Work Directive.” PP. Utility Fees. The fees charged by any public, private, cooperative, municipal and/or government line, facility or system used for the carriage, transmission and/or distribution of cable television, electric power, telephone, water, gas, oil, petroleum, steam, chemicals, sewage, storm water or similar commodity including, but not limited to fees for temporary utilities and refuse hauling. QQ. Warranty. Assurance to City by contractor, installer, supplier, manufacturer or other party responsible as warrantor, for the quantity, quality, performance and other representations of a product, system service of the Work. RR. Work. The term "Work" means the construction and other services required by, and reasonably inferable from the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. SS. Work Directive. A Work Directive is a unilateral written order issued by the City directing Contractor to continue performance of the Work or to perform a disputed change in the Work prior to agreement or adjustment, if any, in the Contract Sum, Contract Time, or both. 1.02 REPRESENTATIVES A. The Director shall be the representative of the City and, except as otherwise expressly provided herein, shall make all decisions and interpretations to be made by the City under the provisions of the Contract Documents. B. The Contractor shall at all times be represented on the Work in person or by a duly designated agent. Instructions and information given by the Director to the Contractor's agent on the Work shall be considered as having been given to the Contractor. 1.03 PERMITS, INSPECTIONS, PLAN CHECKS, AND SIMILAR GOVERNMENTAL APPROVALS AND UTILITIES A. Except as otherwise provided in the Notice Inviting Bids, the Contractor shall apply for, obtain, 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 Page 9 of 115 Utility Fees not listed in the Notice Inviting Bids. B. Contractor shall obtain a no-fee mechanical permit from the City of Vernon’s Public Works Department. C. All documents evidencing Contractor’s satisfaction with all Governmental Approvals and Utility Fees must be submitted to the City prior to submission of the Application for Final Payment. D. Where requirements of the Governmental Approvals differ from those of the Drawings and Specifications, the more stringent requirements shall apply. 1.04 LICENSES The Contractor shall apply for, obtain, and pay for all licenses required by governing authorities for the Work. 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 Page 10 of 115 not order materials or equipment or proceed with Work covered by an Allowance until the material, equipment, and pricing information for such Work items have been submitted to the City’s Project Representative for review and the Contractor has received City’s approval to proceed with a Work item covered by an Allowance. D. All expenditures for Allowance Work shall be separately itemized in each Application for Payment. E. To the extent that the cost of Work items covered by an Allowance is less than the Allowance cost estimate established by the City, the Contact Sum shall be reduced by Change Order or Construction Change Directive to reflect the actual cost of the Allowance item. Similarly, to the extent the cost of Work items covered by an Allowance is greater than the Allowance cost estimate, the Contract Sum shall be increased by Change Order or Construction Change Directive to reflect the actual cost of the Allowance item. If Work items covered by an Allowance are not performed or the City deletes such items from the Scope of Work, the Contract Sum shall be reduced by Change Order or Construction Change Directive to deduct the Cost of the unused Allowance item. 1.06 WAIVER A waiver by City of any breach of any term, covenant, or condition contained in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained therein, whether of the same or a different character. 1.07 DATA TO BE FURNISHED BY THE CONTRACTOR The Contractor shall furnish the Director with such information as the Director may desire respecting the character of the materials and the progress and manner of the Work, including all information necessary to determine the Contractor’s costs, such as the number of persons employed, their pay, the time during which they worked on the various classes of construction, and other pertinent data. 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 Page 11 of 115 responsibility of furnishing, making, or installing all items required by law or code, or usually furnished, made or installed in a project of the scope and general character indicated by the Drawings and Specifications. E. For convenience, the Drawings and Specifications may be arranged in various trade subparagraphs, but such segregation shall not be considered as limiting the Work of any subcontract or trade. The Contractor shall be solely responsible for all subcontract arrangements of the Work regardless of the location or provision in the Drawings and Specifications. F. The City will furnish free of charge to the Contractor, a maximum of six (6) sets of Contract Drawings and Specifications. The Contractor shall pay for the costs of any additional sets or portions thereof. The Contractor shall be responsible to see that all sets are the same as the up-to-date approved set. 1.10 PRECEDENCE OF CONTRACT DOCUMENTS A. In the event of conflict between any of the Contract Documents, the provisions placing a more stringent requirement on the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials unless otherwise directed by City in writing. In the event none of the Contract Documents place a more stringent requirement or greater burden on the Contractor, the controlling provision shall be that which is found in the document with higher precedence in accordance with the following order of precedence: 1. Governmental Approvals including, but not limited to, permits required for the Work 2. Modifications issued after execution of the Contract (including modifications to Drawings and Specifications) 3. The Contract, including all exhibits, attachments, appendices and Addenda, with later Addenda having precedence over earlier Addenda 4. Special Conditions, if any 5. General Conditions 6. Specifications 7. Drawings 8. Bidding Requirements B. With reference to the Drawings, the order of precedence is as follows: 1. Change Order Drawings 2. Addenda Drawings 3. Contract Drawings 4. Project Drawings 5. Standard Drawings 6. Detail Drawings 7. General Drawings 8. Figures 9. Scaled dimensions C. Within the Specifications, the order of precedence is as follows: 1. Change Orders 2. Special Conditions 3. Project Technical Specifications Page 12 of 115 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. Page 13 of 115 Immediately upon discovery of a difference between field conditions and the Contract Documents, the Contractor shall prepare and submit a detailed report through a Request for Information (RFI). Include a detailed description of the differing conditions, together with recommendations for a remedy. The Daily Construction Report must be: signed by Contractor’s Superintendent, submitted within 24 hours (next Working Day) to the Director, and shall be made available to others as directed by City. 1.13 LINES, GRADES, AND MEASUREMENTS A. All lines and grades will be established by the Contractor. The Contractors shall carefully preserve all survey stakes and reference points as far as possible. Should any stakes or points be removed or destroyed unnecessarily by any act of the Contractor or his/her employees, they must be reset to the satisfaction of the Director, at the Contractor's expense. B. The Contractor shall inform the Director 48 hours (two Work Days) in advance of the times and places at which he/she intends to Work in order that inspection may be provided, and that necessary measurements for records and payments may be made with minimum inconvenience. C. No direct payment will be made for the cost to the Contractor of any of the Work or delay occasioned by giving lines and grades, by making other necessary measurements, or by inspection. 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 14 of 115 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 15 of 115 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, or (c) sent by a recognized overnight mail or courier service, with delivery receipt requested, 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: Western Allied Corporation 12046 E. Florence Ave Santa Fe Springs, CA 90670 Attention: Mike Sanderson, P.E. Phone: (562) 944-6341 All communications shall be copied to City and shall be delivered to City’s Director at the address set forth below, with copies to such additional persons as may be directed by City’s Director. City of Vernon Public Works Department 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Kenneth Jackson, Facilities Supervisor Phone: (323) 583-8811 ext. 216 E-mail: KJackson@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. All notices received after 5:00 p.m. shall be deemed received on the first business day following delivery. 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 Page 16 of 115 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 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 Page 17 of 115 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 Director to the Contractor, use (which includes, but is not limited to, taking over or placing into Page 18 of 115 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 19 of 115 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 Page 20 of 115 the Contract Documents; (ii) the Work will be of good quality and free from defects; (iii) the Work will conform to the requirements of the Contract Documents; and (iv) Contractor will deliver the Project free of stop notice claims. Work not conforming to these requirements, including substitutions not accepted by the City, will be deemed defective. The Contractor’s warranty excludes improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the City, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the correction obligation of Paragraph 2.04 herein. 2. Overlap. Where any warranties provided under the Contract Documents overlap, conflict, or are duplicative, Contractor will be bound by the more stringent requirements. 3. Procurement and Assignment of Warranties: Contractor shall obtain in the name of City, or transfer or assign to City or City’s designee prior to the time of Final Completion of the Work, any and all warranties or guarantees which Contractor is required to obtain pursuant to the contract Documents and which Contractor obtained from any other person or entity other than Contractor including, but not limited to, Subcontractors and manufacturers, and further agrees to perform the Work in such a manner so as to preserve any and all such warranties. Contractor shall secure written warranties from all Subcontractors. Contractor and its Subcontractors shall offer any warranty upgrades or extensions that are offered by manufacturers of any equipment or system installed in the Work to the City. Contractor shall deliver to City all warranty and guarantee documents and policies. 4. Survival of Warranties: The provisions of this paragraph 2.15 will survive Contractor’s completion of the Work or termination of Contractor’s performance of the Work. B. Correction of Work 1. Before or After Final Completion. The Contractor shall promptly correct Work rejected by the City or City’s designee, as failing to conform to the requirements of the Contract Documents, whether discovered before or after Final Completion and whether or not fabricated, installed, or completed. Costs of correcting such rejected Work, including additional testing, inspections, and compensation for the City’s services and expenses made necessary thereby, will be at the Contractor’s expense within the Contract Price. 2. After Final Completion. (a) In addition to the Contractor’s warranty obligations under Paragraph 2.15-A, if, within one (1) year after the date of Final Completion of the Work or within the time period established by any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall commence correction or replacement of such Work within forty-eight (48) hours after receipt of written notice from the City to do so. The Contractor shall perform such corrective work without charge or cost to the City after Final Completion of the Work. The City shall give such notice promptly after discovery of the condition. (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 Page 21 of 115 and administrative expense. The City may charge such costs against any payment due Contractor. If, in the opinion of the City, defective work creates a dangerous or hazardous condition or requires immediate correction or attention to prevent further loss to the City or to prevent interruption of operations of the City, the City may take immediate action, give notice, make such correction, or provide such attention and the cost of such correction or attention will be charged against the Contractor. Such action by the City will not relieve the Contractor of the warranties provided in this Article or elsewhere in the Contract Documents. 3. Replacement or Removal of Defective or Unauthorized Work. The Contractor shall remove from the Site and replace those portions of the Work which are not in accordance with the requirements of the Contract Documents in a manner acceptable to and as ordered by the 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 Page 22 of 115 petroleum products or other organic or earthen material from any construction, or associated activity or whatever nature shall be allowed to enter into or placed where same may be washed by rainfall or runoff into waters of the State. When operations are completed, any excess materials or debris shall be removed from the Work area. 2.17 WATER POLLUTION CONTROL A. The Contractor shall meet all applicable City of Vernon, state and federal clean water laws, rules and regulations including but not limited to all conditions set forth in the Vernon Municipal Code Chapter 21, Article 5 regarding stormwater and urban runoff controls as it relates to public agency activities including, but not limited to storm and/or sanitary sewer system inspection and repair, street sweeping, trash pick-up and disposal, and street and right-of-way construction and repair are required to implement and maintain the activity specific Best Management Practices (BMPs) listed in Table 2-1 below in compliance with the National Pollutant Discharge Elimination System (NPDES) requirements. Contractor shall not discharge any water containing trash, debris, pollutants, fuels, oils, soaps or other non-allowable constituents from its sweeping vehicles upon any city street, to any storm drain or any non-permitted outlet. As part of its submission, contractor shall describe its methods for preventing NPDES violations during sweeping operations within the City. In addition, Contractor shall comply with all NPDES requirements at its maintenance facilities, storage yards and company facilities. Failure to comply with this section may result in termination for cause by the City of any contract resulting from this solicitation. Table 2-1. BMPs for Public Agency Facilities and Activities General and Activity Specific BMPs General BMPs Scheduling and Planning Spill Prevention and Control Sanitary/Septic Waste Management Material Use Safer Alternative Products Vehicle/Equipment Cleaning, Fueling and Maintenance Illicit Connection Detection, Reporting and Removal Illegal Spill Discharge Control Maintenance Facility Housekeeping Practices Flexible Pavement Asphalt Cement Crack and Joint Grinding/ Sealing Asphalt Paving Structural Pavement Failure (Digouts) Pavement Grinding and Paving Emergency Pothole Repairs Sealing Operations Rigid Pavement Portland Cement Crack and Joint Sealing Mudjacking and Drilling Concrete Slab and Spall Repair Slope/Drains/Vegetation Shoulder Grading Nonlandscaped Chemical Vegetation Control Nonlandscaped Mechanical Vegetation Control/Mowing Nonlandscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub Removal Page 23 of 115 Fence Repair Drainage Ditch and Channel Maintenance Drain and Culvert Maintenance Curb and Sidewalk Repair Litter/ Debris/ Graffiti Sweeping Operations Litter and Debris Removal Emergency Response and Cleanup Practices Graffiti Removal Landscaping Chemical Vegetation Control Manual Vegetation Control Landscaped Mechanical Vegetation Control/ Mowing Landscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub Removal Irrigation Line Repairs Irrigation (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 24 of 115 B. Water Quality Protection Requirements for Construction Projects with Less than One (1) Acre of Disturbed Soil. All construction projects, regardless of size, will be required to implement best management practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) to meet the minimum water quality protection requirements and implement all applicable set of BMPs as defined in Table 2-2. Please refer to the California Stormwater Quality Association’s Construction Handbook (available on their website: www.cabmphandbooks.com) for further information regarding the BMPs listed in Table 2-2. All construction projects with Less than One (1) Acre of Disturbed Soil shall submit to the City a signed Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit (Exhibit 5). The Contractor may self-certify that the following training was completed on an annual basis providing they certify they have received all applicable training: • The Contractor shall train all of their employees in targeted positions (whose interactions, jobs, and activities affect stormwater quality) on the requirements of the overall stormwater management program. • When the Work includes the use or have the potential to use pesticides or fertilizers, the Contractor shall train all of their employees (whether or not they normally apply pesticides or fertilizers as part of their work). Training programs shall address: 1) The potential for pesticide-related surface water toxicity 2) Proper use, handling, and disposal of pesticides Table 2-2 Minimum Water Quality Protection Requirements and Applicable Set of BMPs for All Construction Projects Category Minimum Requirements BMPs 1. Sediment Control Sediments generated on the project site shall be retained using adequate Treatment Control or Structural BMPs. Sediment Control 2. Non-Stormwater Management, Waste Management and Materials Pollution Control Construction-related materials, wastes, spills or residues shall be retained at the project site to avoid discharge to streets, drainage facilities, receiving waters, or adjacent properties by wind or runoff. Non-storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project sites. Stormwater Management; Waste Management 3. Erosion Control Erosion from slopes and channels shall be controlled by implementing an effective combination of BMPs, such as the limiting of grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. Erosion Control Page 25 of 115 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 26 of 115 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 27 of 115 The Contractor shall be fully responsible for preventing and containing sewage spills as well as recovering and properly disposing of raw sewage. In addition, the Contractor is responsible for any fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is damaged by the contractor shall be immediately repaired at the Contractor’s expense. The Contractor shall take all measures necessary to prevent further damage or service interruption and to contain and clean up the sewage spills. G. Sewage Spill Telephone Notification Should a sewage spill occur, the Contractor shall immediately report the incident to both of these two City Departments: Sewer Maintenance Services .............. City of Vernon Control Center (323) 826-1461 Fire Department Dispatch Center ................................................................................. 911 The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone numbers of City representatives such as Project Managers and Inspectors. However, if these City representatives are not available, then the Contractor shall immediately call: Kenneth Jackson, Facilities Supervisor ………………………………………….… (323)974-2391 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. 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. 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. Page 28 of 115 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 29 of 115 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 (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 30 of 115 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 One Hundred and Eighty (180) calendar days following the Date of Commencement established in the Notice to Proceed (“Contract Time”). By executing the Contract, Contractor confirms that the Contract Time is a reasonable period for performing the Work. 3.02 CITY'S DISCRETION TO EXTEND CONTRACT TIME In the event the Work required hereunder is not satisfactorily completed in all parts and in compliance with the Contract Documents, City shall have the right, in its sole discretion, to increase the number of Working Days or not, as may seem best to serve the interest of City. A change order extending the Contract Time only will be issued by the City should the City decide to increase the number of Working Days. 3.03 SUBSTANTIAL COMPLETION A. Contractor Request for Inspection and Punch List When the Contractor considers that it has achieved Substantial Completion of the Work, or designated portion thereof, Contractor shall prepare and submit to the Director a request for inspection and a comprehensive punch list of items to be completed or corrected prior to Final Payment. Failure to include an item on such punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. B. City Inspection Upon receipt of the Contractor's punch list, the Director will make an inspection to determine whether the Work or designated portion thereof is Substantially Complete. If the inspection discloses any item, whether or not included on the Contractor's punch list, which is not sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before City's issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by City. Page 31 of 115 The Contractor shall then submit a request for another inspection by City to determine Substantial Completion. C. Certificate of Substantial Completion When the Work or designated portion thereof is substantially complete, the Director will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the City and Contractor for security, maintenance, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall finish all items on the Contractor’s punch list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work. Contractor shall deliver to City all warranty and guarantee documents and policies. 3.04 DELAYS AND EXTENSIONS OF TIME FOR CONTRACTOR A. The Contractor shall take reasonable precautions to foresee and prevent delays to the Work. In the event of any delay to the Work, the Contractor shall revise his/her sequence of operations, to the extent possible under the terms of the Contract, to offset the delay. B. If any delay to the Work is caused by circumstances within the Contractor's control, it is not excusable and not compensable, and the Contractor will not be entitled to any extension of time or to any other compensation for damages resulting directly or indirectly therefrom. C. If any delay having a direct effect on the Work is caused by circumstances beyond the control of the Contractor except for causes of delay specified in Paragraph 3.04-D., such delay may be excusable and may entitle the Contractor to an equivalent extension of time, but not to any other compensation. Excusable but not compensable causes include but are not limited to labor disputes, weather conditions unfavorable for prosecution of the Work, and force majeure. D. If any delay having a direct effect on the Work is caused by failure of the City to provide information as specified, or necessary instructions for carrying on the Work, or to provide the necessary right of way or site for installation, or failure of a utility to remove or relocate an existing facility such delay may be compensable and may entitle the Contractor to an equivalent extension of time, and to compensation for damages resulting directly from any of the causes of delay specified in this paragraph. E. The Contractor shall notify the Director in writing of any delay having a direct effect on the Work and the causes thereof within 15 days from the beginning of such delay. F. Any claim for an extension of time or for compensation for damages resulting from delay shall be made in writing to the Director not more than 30 days after the ending of such delay. The Contractor shall provide a written report evaluating the impact of the delay which shall include, at a minimum, all of the following: 1. a narrative description of the delay and its impact on the critical path to Substantial Completion of the Work or a portion of the Work designated by City; 2. a detailed breakdown of the Allowable Costs, if any, sought by Contractor due to the delay; 3. the number of days of extension sought by Contractor as an adjustment to the Contract time; 4. a statement that Contractor has complied with the requirements of the General Conditions for written notice of delays, along with the dates and copies of such notices; 5. the measures taken by Contractor and Subcontractors to prevent or minimize the delay; and Page 32 of 115 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 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. Page 33 of 115 3.07 LIQUIDATED DAMAGES A. Contractor and City agree to liquidate damages in the amount of one thousand dollars ($1,000) per day, with respect to Contractor’s failure to achieve Substantial Completion of the Work within the Contract Time. The Parties intend for the liquidated damages set forth herein to apply to this Contract as set forth in Government Code Section 53069.85. The Contractor acknowledges and agrees that the liquidated damages are intended to compensate City solely for the Contractor’s failure to meet the deadline for Substantial Completion and shall not excuse Contractor from liability from any other breach, including any failure of the Work to conform to the requirements of the Contract Documents. B. In the event that Contractor fails to achieve Substantial Completion of the Work within the Contract Time, Contractor agrees to pay City the amount specified in the Contract form for each calendar day that Substantial Completion is delayed. C. Contractor and City acknowledge and agree that the foregoing liquidated damages have been set based on an evaluation of damages that the City will incur in the event of late completion of the Work. Contractor and City acknowledge and agree that the amount of such damages are impossible to ascertain as of the effective date hereof and have agreed to such liquidated damages to fix City’s damages and to avoid later disputes. It is understood and agreed by Contractor that liquidated damages payable pursuant to this Agreement are not a penalty and that such amount are not manifestly unreasonable under the circumstances existing as of the effective date of this Agreement. D. It is further mutually agreed that City shall have the right to deduct liquidated damages against progress payments or retainage and that the City will issue a Construction Change Directive and reduce the Contract Sum accordingly. In the event the remaining unpaid Contract Sum is insufficient to cover the full amount of liquidated damages. Contractor shall pay the difference to City. [END OF ARTICLE] Page 34 of 115 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 35 of 115 2. Delays of any non-critical Work shall not be the basis for an extension of Contract Time until the delays consume all float associated with that non-critical Work activity and cause the Work activity to become critical. 3. It is acknowledged that City-caused time savings (i.e., critical path submittal reviews returned in less time than allowed by the Contract Documents, approval of substitution requests which result in a savings of time for Contractor, etc.) create shared float. Accordingly, City-caused delays may be offset by City-caused time savings. C. Weather (This section applies only to projects of one (1) year duration or longer) The completion time contemplated by this Contract anticipates zero lost days (Work Days) due to normal weather conditions annually and prorated for any duration less than twelve months. Only unusual or extreme weather conditions, as determined by the National Oceanic and Atmospheric Administration, for the time of year will be considered as justification for an extension of time to complete the Project, and only after the zero weather days have been utilized. Annual weather days are not cumulative, and unused days shall become “float” for the benefit of the project, and the schedule adjusted accordingly. The use of weather days by the Contractor shall be subject to all the conditions of claim for an extension of time. The Contractor shall notify the City in writing within ten (10) days of the commencement of each rain event. D. Early Completion While the Contractor may schedule completion of the Project earlier than the date established by the Contract Documents, no additional compensation shall become due the Contractor for the use of float time between the Contractor’s projected early completion date and the date for Substantial Completion established by the Contract Documents, unless an earlier (advanced) time of completion is requested by Contractor, agreed to by the City, and formalized by Change Order. 4.02 SCHEDULE UPDATES A. With each Application for Payment submitted by Contractor (other than the final Application for Payment), the Contractor shall submit to the City an updated Project Schedule revised to indicate the Work completed, status of Work in progress, all progress slippages, corrective actions taken, or slippage carry-over, for all anticipated delays or difficulties, and all other information required to accurately present the actual status of the progress of the Work as of the date of the Application for Payment. If the Contractor does not submit an updated Project Schedule with an Application for Payment, City may withhold payment, in whole or in part, until the updated Project Schedule is submitted. In the event that an update to the Project Schedule indicates a delay to the Contract Time the Contractor shall propose an affirmative plan to correct each such delay, including overtime and/or additional labor, if necessary. In no event shall any Project Schedule update constitute an adjustment in the Contract Time, any deadline, or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order or Work Directive. B. At no time shall historical data contained within the updated Project Schedule (i.e. completed activities) be removed and/or altered in any way. This historical data is to be preserved within each of the updated Project Schedules and submitted with the final schedule update to reflect the actual start and finish dates for each activity within the Schedule. C. Any work stoppages within individual work activities that exceed seven (7) calendar days in duration shall be clearly indicated within the updated Project Schedule. In cases where unplanned activity work Page 36 of 115 stoppages exceed seven (7) calendar days activities shall be added to the Project Schedule to clearly indicate the work stoppage period and identify forecasted resumption and completion of the activity where work has stopped. Contractor shall clearly note all schedule revisions when Project Schedule updates are submitted, as required in this Paragraph 4.02 above. 4.03 NONCOMPENSABLE EXTRAORDINARY MEASURES A. Should the City determine, in its sole judgment, that the performance of the Work has not progressed to the level of completion required by the Contract Documents, City shall have the right to order the Contractor to take corrective measures to expedite the progress of construction, at no additional cost to the City, including, without limitation, the following: 1. Working additional shifts of overtime. 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 37 of 115 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 38 of 115 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 Page 39 of 115 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 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 Page 40 of 115 for Contractor’s failure to: 1. Correct conditions unsafe for the Project personnel or general public, or 2. Carry out the Contract; or 3. Carry out orders of City. G. Responsibilities of 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. Page 41 of 115 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, 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 42 of 115 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 Page 43 of 115 consequential damages (hereinafter called "Impacts"), including any ripple or cumulative effects of 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 44 of 115 1. Lump Sum. By mutual acceptance of a lump sum proposal from Contractor properly itemized and supported by sufficient substantiating data to permit evaluation. Such proposal shall be based solely on Allowable Costs, as defined in Subparagraph 6.06-C, and Allowable Mark-Ups, as defined in Subparagraph 6.06-E, and shall not include any costs or expense that is not permitted by the terms of any provision of the Contract Documents. 2. Unit Prices. By unit prices contained in Contractor’s original Bid and incorporated in the Contract Documents or fixed by subsequent agreement between City and Contractor. Unless otherwise stated in the Bidding Documents, unit prices stated in the Contract Documents or agreed upon by the County and Contractor shall be deemed to include and encompass all Allowable Markups. 3. Time and Materials. By calculating the actual Allowable Costs directly incurred, plus a sum for Allowable Mark-Ups on such Allowable Costs. 4. Deletion of Work. By Unit Prices contained in Contractor’s original Bid and incorporated in the Contract Documents, or by using the Schedule of Values to determine the value of the decrease of the Contract Sum, less the value of any Work performed, plus a reasonable percentage of the decrease for the Contractor’s saved overhead unless the Schedule of Values allocates general conditions costs to individual line items, in which case no percentage of the decrease shall be added. When a change consists of both addition and deletion of Work, the added costs and deleted costs shall be calculated separately, and then added together, resulting in the net cost for the change. The Allowable Mark-Up shall be applied to this net cost. B. Contractor Maintenance of Daily Records for Changes 1. In the event that Contractor is directed to perform any Extra Work, or should Contractor encounter conditions which the Contractor believes would obligate the City to adjust the Contract Sum and/or the Contract Time, Contractor shall maintain detailed records of the cost of such changes on a daily basis summarized in a daily report supplemented by back-up records. Such records shall include without limitation: a. Labor. At the close of each day on which such Extra Work is performed, Contractor shall submit an Extra Work labor report, on forms provided by Director, to Director that sets forth a list of the actual hours spent in performing the Extra Work, that clearly differentiates between the labor expended on the Extra Work and other Work, and the Allowable Costs for such Extra Work performed that day showing the names of workers, their classifications, hours worked and hourly rates. b. Materials, Equipment. A list of Allowable Costs of materials and equipment consumed in the performance of the Extra Work on the day on which such Extra Work is performed, together with copies of applicable delivery tickets and unit prices for all materials and for all equipment used the type of equipment, identification number, hours of operation (including loading and transportation) and hourly/daily rates involved for that day. c. Other Services or Expenditures. A list of other services and expenditures constituting Allowable Costs incurred in performance of the Extra Work on the day on which such Extra Work is performed, along with documentation verifying the amounts thereof in such detail as Director may require. Page 45 of 115 2. In the event that more than one change to the Work is performed by the Contractor in a calendar day, Contractor shall maintain separate records of labor, construction equipment, materials, and equipment for each such change. In the event that any Subcontractor of any tier shall provide or perform any portion of any change to the Work, Contractor shall require that each such Subcontractor maintain records in accordance with this Section. 3. Each daily record maintained hereunder shall be signed by Contractor; such signature shall be deemed Contractor’s representation and warranty that all information contained therein is true, accurate, complete, and relates only to the change referenced therein. All records maintained by Subcontractors of any tier, relating to the costs of a change in the Work shall be signed by such Subcontractor’s authorized project manager or superintendent. All such records shall be forwarded to the Director on the day the Work is performed (same day) for independent verification. The Director shall attempt to review and reconcile costs for changes on a daily basis. Records not available on the day on which the Extra Work is performed, such as, but not limited to, material invoices, shall be submitted as soon as they are available but not later than five (5) calendar days after the earlier of the day of delivery or incorporation of the particular item of Extra Work at the Site. 4. The Director may additionally require authentication of all time and material tickets and invoices by persons designated by the Director for such purpose. In the event that Contractor shall fail or refuse, for any reason, to maintain or make available for inspection, review, and/or reproduction such records, adjustments to the Contract Sum or Contract Time, if any, on account of any change to the Work may be deemed waived for that day. Contractor’s obligation to maintain back-up records hereunder is in addition to, and not in lieu of, any other Contractor obligation under the Contract Documents with respect to changes to the Work. 5. Waiver by Contractor. Failure to submit such records as are required by this Paragraph daily shall waive any rights for recovery of Allowable Costs incurred for Extra Work performed that day. The failure of the Contractor to secure any required authentication shall, if the City elects in its sole discretion to treat it as such, constitute a waiver by the Contractor of any right to adjustment of the Contract Sum for the Allowable Cost of all or that portion of the Extra Work covered by such non-authenticated ticket or invoice. C. Allowable Costs The term “Allowable Costs” shall mean in the case of Extra Work actual costs incurred by Contractor and/or any Subcontractor, regardless of tier, and necessarily involved in direct performance of the Extra Work, or in the case of deleted work the actual costs that would have been incurred in performing deleted work by Contractor and/or any Subcontractor, regardless of tier, and shall be limited to the following costs: 1. Labor. Straight-time wages or salaries, and overtime wages and salaries specifically authorized by City in writing, for employees employed at the site, or at fabrication sites off the site, in the direct performance of the Extra Work or that would have been incurred in the direct performance of the deleted work, based on the actual cost for wages prevailing locally for each craft or type of workers at the time the Extra Work is done or the deleted work is ordered eliminated. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The use of labor classification which would increase the Allowable Cost for Extra Work will not be permitted unless Contractor establishes the necessity for such additional costs. Page 46 of 115 2. Benefits. Payroll taxes, insurance, health and welfare, pension, vacation, apprenticeship funds and benefits required by lawful collective bargaining agreements for employees on straight-time wages or salaries, and on overtime wages and salaries specifically authorized by City in writing, for employees employed at the site, or at fabrication sites off the site, in the direct performance of the Extra Work or that would have been incurred in the direct performance of the deleted work. 3. Materials, Consumables. Costs of materials and consumable items which are furnished and incorporated into the Work, as approved by City, or that would have been incorporated into the Work in the case of deleted work shall be at the lowest price available to Contractor but in no event shall such costs exceed competitive wholesale prices obtainable from other Subcontractors, suppliers, manufacturers and distributors in the general vicinity of the site. If City determines, in its discretion, that the cost of materials is excessive, or if Contractor fails to furnish satisfactory evidence of the cost from the actual supplier thereof, then in either case the cost of the materials shall be deemed to be the lowest wholesale price at which similar materials are available in the quantities required at the time they were needed. The City reserves the right to furnish such materials as it deems advisable, and Contractor shall have no claim for costs or profits on materials so furnished. Material invoices must be included with the extra work report to obtain payment. 4. Taxes. Sales taxes on the costs of materials and consumable items described in Paragraph 5.04-C.3 above. 5. Tool, Equipment Rental. Rental charges for necessary machinery and equipment, whether owned or hired, as authorized in writing by City, exclusive of hand tools, used directly in the performance of the Extra Work or that would have been used in the direct performance of the deleted work. Regardless of ownership, such rental charges shall not exceed the hourly rate derived from the most recently published “Rental Rate Blue Book for Construction Equipment” or the “Rental Rate Blue Book for Older Construction Equipment,” as published by K-111, San Jose, California, which is in effect at the time of commencement of the changed work. The Contractor shall attach a copy of the rate schedule to the daily reports required by Paragraph 6.06-B, above. The charges for any machinery and equipment shall cease when the use thereof is no longer necessary for the Extra Work or deleted work. No charge shall be allowed for use of equipment or tools which have a replacement value of $500 or less. The allowable rental rates shall include the cost of fuel, power oil, lubrication, supplies, small tools, necessary attachments, loading, transportation, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Notwithstanding the provisions of Paragraph 6.06-E below, no mark-up shall be allowed for overhead, profit or bond premiums for use of equipment if the equipment is supplied by an equipment rental firm. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to City than holding it at the Site, it shall be returned, unless Contractor elects to keep it at the Site at no expense to City. Costs incurred while equipment is inoperative due to breakdowns, regular maintenance, or for non-Working Days shall not be allowed. The rental time shall include the time required to move the equipment to the Work from the nearest available source for rental of such equipment and to return it to the source. If such equipment is not moved by its own power, then loading and transportation will be allowed. Neither moving time nor loading and transportation costs will be paid if the equipment is for use on the Project unrelated to the Extra Work. All equipment shall be acceptable to City, in good working condition, and suitable for the purpose for which it is to be used. Page 47 of 115 6. Royalties. Additional or saved costs of royalties due to the performance of the Extra Work or deleted work. 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. Page 48 of 115 F. Net Allowable Costs If anyone scope change involves both Extra Work and deleted work in the same portion of the Work and the additive allowable costs exceed the deductive allowable costs, the Allowable Markups on the Extra Work will be only the difference between the two amounts. 6.07 CITY ORIGINATED REQUEST FOR ITEMIZED CHANGE ORDER PROPOSAL REQUEST City may issue a Construction Change Directive or other written request to Contractor describing a proposed 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 Page 49 of 115 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 115 ARTICLE 7 - CONTRACT PAYMENTS AND CLAIMS 7.01 GENERAL A. Payment will be made at the price for each item listed on the bidding form or as Extra Work as provided in the General Conditions. B. Initial progress payment will not be made prior to approval by the Director of the Schedule of Values, the Construction Progress Schedule, and the Schedule of Submittals. C. No subsequent progress payment will be made prior to receipt by the Director of the monthly revision of the Construction Progress Schedule. 7.02 SCHEDULE OF VALUES FOR PAYMENTS A. Submission Upon City’s request, the three (3) lowest bidders shall complete and submit a Preliminary Schedule of Values, within seven (7) calendar days. In addition, Contractor shall complete and furnish within seven (7) calendar days after receiving the Notice of Award of the Construction Contract a Final Schedule of Values giving a complete breakdown of the Contract Sum for each component of the Work. B. Content The Schedule of Values shall be in sufficient detail as the Director may, in its discretion, deem necessary to evaluate progress at any point in the performance of the Work. Unless otherwise specified in the Contract Documents, the Schedule of Values shall include, without limitation, a breakdown of the general categories of Subcontractor work, direct overhead, profit and contingency, and a further breakdown of the general categories of Subcontractor work into separate trade line items of costs for Subcontractor services, labor and material, which is based on actual Subcontractor contract, subcontract, purchase order or vendor prices. If requested by Director, Contractor shall revise the Schedule of Values to allocate sums for Contractor overhead, profit and/or contingency among the individual line items for trade portions of the Work. No amounts shall be reflected in the Schedule of Values or Application for Payment for Extra Work or Deleted Work for which a Change Order has not been executed by Contractor and City or for which a Construction Change Directive has not been issued by City. Amounts that have been mutually agreed to by Change Order or unilaterally determined by City pursuant to a Construction Change Directive shall be segregated from the cost of the base Contract Work and separately listed by line item in the Schedule of Values. The Schedule of Values must be prepared in sufficient detail and supported by sufficient data to substantiate its accuracy as the Director may require. C. Applications for Payment The Schedule of Values, when approved by the Director, shall be used as a basis for Contractor's Applications for Payment and may be considered as fixing a basis for adjustments to the Contract Sum. Page 51 of 115 D. Revisions If, at any time, it is determined that the Schedule of Values does not allocate the Contract Sum in a manner that reasonably and fairly reflects the actual costs anticipated to be progressively incurred by Contractor, it shall be revised and resubmitted for the Director’s approval. 7.03 APPLICATIONS FOR PAYMENT A. Marked Schedule of Values Five (5) Days prior to the date set forth in Paragraph 7.03-B below for the monthly progress payment meeting, Contractor shall submit to Director a copy of the proposed Schedule of Values, marked to show the percentage of completion certified by Contractor for each line item in the Schedule of Values, including any stored materials approved for payment by City pursuant to Paragraph 7.03-D, below and any withholdings from Contractor proposed by Director. B. Monthly Review For the purpose of expediting the progress payment procedure, Contractor shall meet with the Director on or before the twentieth (20th) day of each month to review the Contractor's marked Schedule of Values prepared in accordance with Paragraph 7.03-A, above. The Director shall revise as appropriate and sign the marked Schedule of Values to verify such review. If any item in the marked Schedule of Values submitted for payment is disputed during this review, Contractor agrees to use its best efforts to resolve the disputed items with the Director before submitting its Application for Payment. If the Director and Contractor cannot agree, then the percentage completion shall be established at such percentage as the Director, in good faith, determines is appropriate to the actual progress of the Work. No inaccuracy or error in the Director’s good faith estimate shall operate to release Contractor or Surety from any responsibility or liability arising from or related to performance of the Work. The Director shall have the right subsequently to correct any error and dispute any item submitted in Contractor's Application for Payment, regardless of whether an item was identified as disputed in the review process provided for herein. C. Certification Each Application for Payment shall be signed and certified by Contractor under penalty of perjury to City that: 1. The data comprising the Application for Payment is accurate and the Work has progressed to the point indicated; 2. To the best of Contractor's knowledge, information and belief, the Work is in accordance with the Contract Documents; 3. Contractor is entitled to payment in the amount certified; and 4. All sums previously applied for by Contractor on account of Work performed by Subcontractors and that have been paid by City have been paid to the Subcontractors performing such Work, without any retention, withholding or backcharge by Contractor. Page 52 of 115 D. Stored Materials Payments may be made by City, at its discretion, on account of materials or equipment not incorporated into the Work but delivered on the ground at the Site and suitably stored by Contractor or stored off-Site under the control of City. Such payments shall only be considered upon submission by Contractor of satisfactory evidence that it has acquired title to same, that the material or equipment will be utilized in the Work and that the material is satisfactorily stored, protected and insured, and that such other procedures are in place satisfactory to City to protect City's interests. To be considered for payment, materials or equipment stored off-Site shall, in addition to the above requirements and unless otherwise specifically approved by City in writing, be stored in a bonded warehouse, fully insured, and available to City for inspection. City shall have sole discretion to determine the amount of material and equipment that may be stored on the Site at any given time. 7.04 PROGRESS PAYMENTS A. Conditions to Progress Payments Contractor shall submit its Application for Payment to the 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 Page 53 of 115 owed pursuant to any applicable collective bargaining agreement have been paid in full; and 9. Compliance by Contractor with all of its other obligations for submission of documentation or performance of conditions which, by the terms of the Contract Documents, constitute conditions to Contractor's right to receive payment for Work performed. B. Payments by City Pursuant to California Public Contract Code Section 20104.50, City shall make progress payment of undisputed sums due within thirty (30) Days after receipt by 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. Page 54 of 115 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; 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 Page 55 of 115 of Completion to Contractor, the Final Payment, including Retention, shall be released to Contractor, subject to the City’s right to withhold 150% of any disputed amounts. D. Disputed Amounts Pursuant to California Public Contract Code 7107, City may deduct and withhold from the Final Payment due under Paragraph 7.05-C, above, an amount up to 150% of any disputed amounts, including, without limitation, amounts to protect City against any loss caused or threatened as a result of Contractor's failing to fully perform all of those obligations that are required to be fulfilled by Contractor as a condition to Final Completion and Final Payment. Alternatively, City may elect, in its sole discretion, to accept the Work without correction or completion and adjust the Contract Sum pursuant to the Contract Documents. E. Acceptance of Final Payment Acceptance of Final Payment by Contractor shall constitute a waiver of all rights by Contractor against City for recovery of any loss, excepting only those Claims that have been submitted by Contractor in the manner required by the Contract Documents prior to or at the time of the Final Payment. 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: Page 56 of 115 1. Title to Work covered by an Application for Payment will pass to City either by incorporation into the construction or upon receipt of payment by Contractor, whichever occurs first; and 2. Work covered by previous Applications for Payment are free and clear of liens, stop notices, claims, security interests or encumbrances imposed by the Contractor or any other person. E. Corrections No inaccuracy or error in any Application for Payment provided by Contractor shall operate to release Contractor from the error, or from losses arising from the Work, or from any obligation imposed by the Contract Documents. City retains the right to subsequently correct any error made in any previously approved Application for Payment, or progress payment issued, by adjustments to subsequent payments. 7.07 PAYMENTS BY CONTRACTOR Contractor shall not include in its Applications for Payment sums on account of any Subcontractor's portion of the Work that it does not intend to pay to such Subcontractor. Upon receipt of payment from City, Contractor shall pay the Subcontractor performing Work on the Project, out of the amount paid to Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled in accordance with the terms of its contract with Contractor and applicable laws, including, without limitation, California Public 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; [NOTE: PUBLIC ENTITES ARE REQUIRED TO INCLUDE PROVISIONS IN PUBLIC WORKS CONTRACTS FOR TIMELY NOTIFICATION TO THE CONTRACTOR OF THE RECEIPT OF ANY THIRD PARTY CLAIM RELATED TO THE CONTRACT, PC C §9201(b). 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; Page 57 of 115 5. Violation of Applicable Laws. Failure of Contractor or its Subcontractors to comply with applicable laws or lawful orders of governmental authorities; 6. Penalty. Any claim or penalty asserted against City by virtue of Contractor’s failure to comply with applicable laws or lawful orders of governmental authorities (including, without limitation labor laws); 7. Failure to Meet Contract Time. Any damages which may accrue as a result of Contractor failing to meet the Construction Schedule or failing to perform within the Contract Time; 8. Setoff. Any reason specified elsewhere in the Contract Documents as grounds for a withholding offset or set off or that would legally entitle City to a set-off or recoupment; 9. Consultant Services. Additional professional, consultant or inspection services required due to Contractor’s failure to comply with the Contract Documents; 10. Liquidated Damages. Liquidated damages assessed against Contractor; 11. Materials. Materials ordered by City pursuant to the Contract Documents; 12. Damages. Loss caused by Contractor or Subcontractor to City, Separate Contractors or any other person or entity under contract to City; 13. Clean Up. Clean up performed by City and chargeable to Contractor pursuant to the Contract Documents; 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 Page 58 of 115 may, in its sole discretion, elect to exercise its right to adjust the Contract Sum as provided in the Contract Documents. D. Continuous Performance Provided City pays the undisputed portion, if any, of funds withheld in good faith, Contractor shall maintain continuous and uninterrupted performance of the Work during the pendency of any disputes or disagreements with City. 7.09 SUBSTITUTION OF SECURITIES A. Public Contract Code Pursuant to the requirements of California Public Contract Code Section 22300, upon Contractor’s request, City will make payment to Contractor of any funds withheld from payments to ensure performance under the Contract Documents if Contractor deposits with City, or in escrow with a California or federally chartered bank in California acceptable to City (“Escrow Agent”), securities eligible for the investment of State Funds under Government Code Section 16430, or bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City, upon the following conditions: 1. Contractor shall be the beneficial owner or any securities substituted for monies withheld for the purpose of receiving any interest thereon. 2. All expenses relating to the substitution of securities under Public Contract Code Section 22300 and under this Paragraph 7.04, including, but not limited to City’s overhead and administrative expenses, and expenses of Escrow Agent shall be the responsibility of Contractor. 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 Page 59 of 115 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. 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; Page 60 of 115 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: "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 Page 61 of 115 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 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. Page 62 of 115 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 63 of 115 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 64 of 115 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 Page 65 of 115 appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to the Director. Or in the event that the Director elects, in lieu of such substitution, to have, supplied, and to retain and use, any such invention, process, equipment, article, materials, supplies, or appliances, as may by this Contract be required to be supplied and used, in that event the Contractor shall at his/her expense pay such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its officers, agents, servants, and employees, or any of them, to use such invention, process, equipment, article, materials, supplies, or appliances without being disturbed or in way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse promptly to make the substitution hereinbefore required, or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid, then in that event the Director shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due the Contractor from the City, or recover the amount thereof from him/her and his/her surety, notwithstanding final payment under this Contract may have been made. [END OF ARTICLE] Page 66 of 115 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 67 of 115 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. Page 68 of 115 2. Neatly typewritten index near the front of the manual, furnishing immediate information as to location in the manual of all emergency data regarding the installation. 3. Complete instructions regarding operation and maintenance of all equipment involved. 4. Complete nomenclature of all replaceable parts, their part numbers, current cost, and name and address of nearest vendor of parts. 5. Copy of all guarantees and warranties issued. 6. Copy of drawings with all data concerning changes made during construction. B. Where contents of manuals include manufacturers' catalog pages, clearly indicate the precise items included in this installation and delete, or otherwise clearly indicate, all manufacturers' data with which this installation is not concerned. 9.09 AS-BUILT DRAWINGS A. When required to be submitted covering items included in this Work, the Contractor shall deliver to the City one complete set of final As-Built hard copy drawings together with a set of AutoCAD drawing files in electronic format showing completed building, “as-built” for City records before the Contract will be accepted by the City. B. The drawings shall be duplicates and at the same size and dimensional scale as the originals. They shall be on a polyester translucent base material with a minimum sheet thickness of .003 inch (.08mm). C. The legibility and contrast of each drawing submitted to the City shall be such that every line, number, letter, and character is clearly readable in a full size blow back from a 35 mm microfilm negative of the drawing. 9.10 SUBMITTALS QUANTITIES A. Submit seven (7) copies of all data and drawings unless specified otherwise. B. Submit all samples, unless specified otherwise, in the quantity to be returned, plus two, which will be retained by the 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 69 of 115 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. Page 70 of 115 D. Resubmit revised drawings or data as indicated, in five (5) copies. 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 71 of 115 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 Page 72 of 115 may result in actions as provided in Article 5: “Suspension or Termination of Contract.” C. Material Safety Data Sheet Contractor shall comply with all of the provisions of General Industry Safety Orders of the California Administrative Code. The Contractor shall submit to the 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 Page 73 of 115 10.03 concerning the timing and content of any notice of Differing Site Conditions or request for adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be deemed waiver of any right by the Contractor for an adjustment in the Contract Sum or Contract Time by reason of such conditions. F. Final Completion. No claim by the Contractor for additional compensation for Differing Site Conditions shall be allowed if asserted after Final Payment. G. In the event of disagreement between the Contractor and the 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 Page 74 of 115 conform to the requirements of the WATCH handbook or the manual of traffic control, whichever is more stringent, and as approved by the City Traffic and Transportation Administrator. 1. Portable signals shall not be used unless permission is given in writing by the agency having jurisdiction. 2. Warning signs used for nighttime conditions shall be reflectorized or illuminated. "Reflectorized signs" shall have a reflectorized background and shall conform to the current State of California Department of Transportation specification for reflective sheeting on highway signs. B. If the Contractor fails to provide and install any of the signs or traffic control devices required herby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. 10.06 EXECUTION A. The Contractor shall provide written notification to the Police Department, Traffic Bureau (323) 587- 5171, at least two (2) weeks prior to the beginning of construction at any particular location. Notification will include the specific location, project dates, what lanes of the roadway will be closed and when. Also the construction project manager’s name and business phone number and the construction inspector’s name and business phone number. B. The Contractor shall notify, by telephone, the Police Department, (323) 587-5171 at the completion of any posting of temporary no parking signs. Notification will include the times, dates and locations of the posting. When vehicles must be towed for violation of temporary no parking signs, the person who actually posted the signs, or on-view supervisor of that posting, will be present to answer pertinent questions that may be asked by the parking enforcement officer or police officer towing the vehicles. C. The Contractor shall notify the 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) 881-6183 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 Page 75 of 115 possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and kept in good condition. H. When leaving a Work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. 10.07 FLAGGING A. Contractor shall provide flaggers to control traffic where required by the approved traffic control plan. 1. Flaggers shall perform their duties and shall be provided with the necessary equipment in accordance with the current "Instructions to Flaggers" of the California Department of Transportation. 2. Flaggers shall be employed full time on traffic control and shall have no other duties. 10.08 PEDESTRIAN CANOPIES OR BARRICADE IMPROVEMENTS Refer to City of Vernon for requirements for building or access road safety improvements that the Contractor shall construct during construction period. These devices or improvements, as the City deems necessary or prudent, shall be at the expense of the Contractor. [END OF ARTICLE] Page 76 of 115 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 Page 77 of 115 or under the Contract Documents. In the event of any claim, suit or demand made against any Indemnitees, the City may in its sole discretion reserve, retain or apply any monies due to the Contractor under the Contract for the purpose of resolving such claims; provided, however, that the City may release such funds if the Contractor provides the City with reasonable assurance of protection of the City’s interests. The City shall in its sole discretion determine whether such assurances are reasonable. 11.03 NO LIMITATIONS Contractor’s indemnification and defense obligations set forth in this Article are separate and independent from the insurance provisions set forth in Article 12 herein; and do not limit, in any way, the applicability, scope, or obligations set forth in those insurance provisions. In claims, suits, or demands against any Indemnitee by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the Contractor’s indemnification and defense obligations shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefits acts, or other employee benefits acts. [END OF ARTICLE] Page 78 of 115 ARTICLE 12 – INSURANCE 12.01 CONDITION TO COMMENCEMENT Contractor shall not commence Work under this Contract until Contractor has obtained all insurance required hereunder from a company or companies acceptable to City, nor shall the Contractor allow any Subcontractor to commence Work on a subcontract until all insurance required of said Subcontractor has been obtained. Proof of insurance including insurance certificates and endorsements as set forth in Exhibit 4 must be submitted by the Contractor prior to the City’s execution of the Contract. 12.02 MINIMUM COVERAGE AND LIMITS Contractor shall maintain the insurance coverage as set forth in Exhibit 4 throughout the term of the Contract. 12.03 CONDITIONS REGARDING INSURANCE COVERAGE AND LIMITS City and Contractor agree as follows: A. All insurance coverage and limits provided pursuant to the Contract Documents shall apply to the full extent of the policies involved, available or applicable. Nothing contained in the Contract Documents or any other agreement relating to City or its operations limits the application of such insurance coverage. B. None of the policies required by this Contract shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing by the City’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 79 of 115 ARTICLE 13 – BONDS 13.01 REQUIRED BONDS A. Contractor shall furnish the following bonds: 1. A Performance Bond in an amount equal to one hundred percent (100%) of the total Contract price in the form shown in Exhibit "1" attached hereto. 2. A Payment Bond (Labor and Material) in an amount equal to one hundred percent (100%) of the total Contract price in the form shown in Exhibit "2" attached hereto. 3. A Maintenance Bond in an amount equal to ten percent (10%) of the total Contract price in the form shown in Exhibit "3" attached hereto. 13.02 POWER OF ATTORNEY All bonds shall be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety shall be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. 13.03 APPROVED SURETY All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of “A: VII”, or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. 13.04 REQUIRED PROVISIONS Every bond must display the surety’s bond number and incorporate the Contract for construction of the Work by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of the Contract Documents. 13.05 NEW OR ADDITIONAL SURETIES If, during the continuance of the Contract, any of the sureties, in the opinion of the City, are or become non- responsible or otherwise unacceptable to City, City may require other new or additional sureties, which the Contractor shall furnish to the satisfaction of City within ten (10) days after notice, and in default thereof the Contract may be suspended and the materials may be purchased or the Work completed as provided in Article 5 herein. Page 80 of 115 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 81 of 115 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, President’s Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Indigenous People’s Day, Veteran’s Day, Thanksgiving Day, Christmas Eve, Christmas Day and New Year’s Eve, except Work pertaining to the public safety or with the permission of the Director, and accordance with such regulations as he/she shall furnish in writing. Before performing any Work at said times, except Work pertaining to the public safety, the Contractor shall give written notice to the Director so that proper inspection may be provided. “Night” as used in this paragraph shall be deemed to include the hours from 7:00 P.M. to 7:00 A.M. of the next succeeding day. 14.02 COST OF OVERTIME CONSTRUCTION SERVICES AND INSPECTIONS A. Overtime construction Work performed at the option of, or for the convenience of, the Contractor will be inspected by the City at the expense of the Contractor. For any such overtime beyond the regular 8-hour day and for any time worked on Saturday, Sunday, or holidays the charges will be determined by the City, and submitted to the Contractor for payment. B. Equipment, materials, or services provided by the City, in connection with Contractor-initiated overtime construction Work described in Paragraph 14.02(A), will also be at the expense of the Contractor. The charges will be determined by the City, and submitted to the Contractor for payment. C. There will be no charges to the Contractor for the inspection of overtime Work ordered by the Director or required by the Contract Documents. 14.03 COMPLIANCE WITH STATE LABOR CODE A. Contractor shall comply with the provisions of the Labor Code of the State of California and any amendments thereof. 1. The time of service of any worker employed upon the Work shall be limited and restricted to eight (8) hours during any one-calendar day, and 40 hours during any one-calendar week. 2. Work performed by employees of the Contractor in excess of eight (8) hours per day, and 40 hours during any one calendar week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay. 3. The Contractor and every Subcontractor shall keep an accurate record showing the name of and the actual hours worked each calendar day and each calendar week by each worker employed by him/her in connection with the Work; the record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Standards Enforcement of the State of California. Page 82 of 115 4. In the event City deems Contractor is in violation of this Paragraph 14.03, the Contractor shall, as a penalty, forfeit Fifty Dollars ($50.00) for each worker employed in the execution of the Contract by the Contractor or by any Subcontractor for each calendar day for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. For each subsequent violation, a (one hundred dollar) $100 penalty shall apply for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to cover underpaid wages. This subparagraph is effective to the extent it does not directly conflict with the overtime penalty provision of California Labor Code Section 558. In the event of such conflict, the California Labor Code governs over this Paragraph 14.03(A)(4). 14.04 WAGE RATES A. Prevailing Wages 1. Contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime Work in the locality in which the Work is to be performed, for each craft, classification, or type of worker needed to execute the Contract. The Director of the Department of Industrial Relations of the State of California (pursuant to California Labor Code) and the United States Secretary of Labor (pursuant to the Davis-Bacon Act) have determined the general prevailing rates of wages in the locality in which the Work is to be performed. The rates are available online at www.dir.ca.gov/DLSR/PWD/. To the extent that there are any differences in the federal and state prevailing wage rates for similar classifications of labor, the Contractor and its Subcontractors shall pay the highest wage rate. 2. The Contractor shall post a copy of the general prevailing rate of per diem wages at the job site. 3. The Contractor and any Subcontractor under him/her shall pay not less than the specified prevailing rate of wages to all workers employed in the execution of the Contract. 4. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining Contract applicable to the particular craft, classification, or type of worker employed on the project. 5. The Contractor shall, as a penalty to the State or the City, forfeit not more than Fifty Dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for the Work or craft in which the worker is employed under the Contract by the Contractor or by any Subcontractor under him. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which such worker was paid less than the stipulated prevailing wage rate shall be paid to such worker by the Contractor. 6. The specified wage rates are minimum rates only and the City will not consider and shall not be liable for any claims for additional compensation made by the Contractor because of payment by him/her of any wage rate in excess of the general prevailing rates. All disputes in regard to the payment of wages in excess of those specified herein shall be adjusted by the Contractor at his/her own expense. B. Payroll Records 1. Pursuant to California Labor Code Section 1776, the Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, Work classification, straight time and overtime hours worked each day and week, and the actual per Page 83 of 115 diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the Work. The payroll records shall be certified and shall be available for inspection. 2. The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five (5) Working Days, provide a notice of change in location and address. 3. Upon request by the Director, the Contractor shall provide a copy of the certified payroll records along with a statement of compliance. 14.05 APPRENTICESHIP STANDARDS A. Compliance with California Labor Code Section 1777.5 requires all public works contractors and subcontractors to: 1. Prior to commencing work on a public works contract, submit Contract Award information to the applicable joint apprenticeship committee, including an estimate of the journeyman hours to be performed under the Contract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. Use Form DAS-140 from the State Department of Industrial Relations. The City reserves the right to require Contractor and Subcontractors to submit a copy of said forms to the City. 2. Employ apprentices for the public work at a ratio of no less than one (1) hour or apprentice work for every five (5) hours or labor performed by a journeyman. To request dispatch of apprentices, use Form DAS-142 from the State Department of Industrial Relations. The City reserves the right to require Contractor and Subcontractors to submit a copy of said forms to the City. 3. Pay the apprentice rate on public works projects only to those apprentices who are registered, as defined in Labor Code Section 3077. 4. Contribute to the training fund in the amount identified in the Prevailing Wage Rate publication for journeyman and apprentices. Contractors who choose not to contribute to the local training trust fund must make their contributions to the California Apprenticeship Council, P.O. Box 420603, San Francisco, CA 94142. B. Failure to comply with the provisions of California Labor Code Section 1777.5 may result in the loss of the right to bid or perform work on all public works projects for a period of one to three years and the imposition of a civil penalty of One Hundred Dollars ($100.00) for each calendar day of noncompliance for the first violation and up to Three Hundred Dollars ($300.00) for each calendar day of noncompliance for a second or subsequent violation. Contractor should make a separate copy of this material for each of his/her Subcontractors. C. Payroll Records. The Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman apprentice, worker or other employee employed in connection with the work. The payroll records shall be certified and shall be submitted to the Project Manager every two weeks. Page 84 of 115 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 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 85 of 115 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 Page 86 of 115 may declare negotiations ended. All discussions that occur during such negotiations and all documents prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152. B. Deferral of Claims Following the completion of the negotiations required by Paragraph 15.02-A., all unresolved Claims, except those that do not involve parties other than the Contractor and City, shall be deferred pending Final Completion of the Work, subject to City’s right, in its sole and absolute discretion, to require that the claims Dispute Resolution Process proceed prior to Final Completion. In the event that City does not elect to proceed with the Claims Dispute Resolution Process prior to Final Completion of the Work, all Claims that have been deferred until such Final Completion shall be consolidated within a reasonable time after such Final Completion and thereafter pursued to resolution pursuant to the Claims Dispute Resolution Process. Nothing contained in this Article 15 shall be interpreted as limiting the parties’ rights to continue informal negotiations of Claims that have been deferred until such Final Completion; provided, however, that such informal negotiations shall not be interpreted as altering the provisions of this Article 15 deferring final determination and resolution of unresolved Claims until after Final Completion of the Work. C. Legal Proceedings If the Claim is not resolved by direct negotiations then the party wishing to further pursue resolution or determination of the Claim shall submit the Claim for determination by commencing legal proceedings in a court of competent jurisdiction. 15.03 NO WAIVER Participation in the Claims Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of either party, including, without limitation, any defense based on the assertion that the rights of Contractor that are the basis of a Claim were previously waived by Contractor due to failure to comply with the Contract Documents, including, without limitation, Contractor’s failure to comply with any time periods for providing notices or for submission or supporting documentation of Claims. [END OF ARTICLE] Page 87 of 115 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 88 of 115 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 Page 89 of 115 granted a limited, non-exclusive license, revocable at will of City, to use and reproduce applicable portions of the Contract Documents and Submittals as appropriate to and for use in the execution of the Work and for no other purpose. B. Documents on Site Contractor shall keep on the Project site, at all times and for use by City, 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. Page 90 of 115 17.06 SUCCESSORS AND ASSIGNS The Contract Documents shall be binding upon and inure to the benefit of City and Contractor and their permitted successors, assigns and legal representatives. A. City may assign all or part of its right, title and interest in and to any Contract Documents, including rights with respect to the Payment and Performance Bonds, to (a) any other governmental person as permitted by governmental rules, provided that the successor or assignee has assumed all of City's obligations, duties and liabilities under the Contract Document then in effect; and (b) any other Person with the prior written approval of Contractor. B. Contractor may collaterally assign its rights to receive payment under the Contract Documents. Contractor may not delegate any of its duties hereunder, except to Subcontractors as expressly otherwise permitted in the Contract Documents. Contractor's assignment or delegation of any of its Work under the Contract Documents shall be ineffective to relieve Contractor of its responsibility for the Work assigned or delegated, unless City, in its sole discretion, has approved such relief from responsibility. Any assignment of money shall be subject to all proper set-offs and withholdings in favor of City and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by City for completion of the Work, should Contractor be in default. C. Except for the limited circumstances set forth in Paragraph 17.06-B, above, Contractor may not, without the prior written consent of City in its sole discretion, voluntarily or involuntarily assign, convey, transfer, pledge, mortgage or otherwise encumber its rights or interests under the Contract Documents. No partner, joint venturer, member or shareholder of Contractor may assign, convey, transfer, pledge, mortgage or otherwise encumber its ownership interest in Contractor without the prior written consent of City, in City’s sole discretion. 17.07 SURVIVAL Contractor’s representations and warranties, the dispute resolution provisions contained in Article 15, and all other provisions which by their inherent character should survive termination of the Contract and/or Final Acceptance, shall survive the termination of the Contract and the Final Acceptance Date. 17.08 LIMITATION ON THIRD PARTY BENEFICIARIES It is not intended by any of the provisions of the Contract Documents to create any third party beneficiary hereunder or to authorize anyone not a party hereto to maintain a suit for personal injury or property damage pursuant to the terms or provisions hereof, except to the extent that specific provisions (such as the warranty and indemnity provisions) identify third parties and state that they are entitled to benefits hereunder. The duties, obligations and responsibilities of the parties to the Contract Documents with respect to such third parties shall remain as imposed by law. The Contract Documents shall not be construed to create a contractual relationship of any kind between City and a Subcontractor or any other Person except Contractor. 17.09 PERSONAL LIABILITY OF CITY EMPLOYEES City’s authorized representatives are acting solely as agents and representatives of City when carrying out the provisions of or exercising the power or authority granted to them under the Contract. They shall not be liable either personally or as employees of City for actions in their ordinary course of employment. Page 91 of 115 No agent, consultant, Council member, officer or authorized employee of City, shall be personally responsible for any liability arising under the Contract. 17.10 NO ESTOPPEL City shall not, nor shall any officer thereof, be precluded or estopped by any measurement, estimate or certificate made or given by the City representative or other officer, agent, or employee of City under any provisions of the Contract from at any time (either before or after the final completion and acceptance of the Work and payment therefor) pursuant to any such measurement, estimate or certificate showing the true and correct amount and character of the work done, and materials furnished by Contractor or any person under the Contract or from showing at any time that any such measurement, estimate or certificate is untrue and incorrect, or improperly made in any particular, or that the work and materials, or any part thereof, do not in fact conform to the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, City shall not be precluded or estopped from recovering from Contractor and its Sureties such damages as City may sustain by reason of Contractor’s failure to comply or to have complied with the Contract Documents. 17.11 GOVERNING LAW The laws of the State of California govern the construction and interpretation of the Contract Documents, without regard to conflict of law principles. Unless the Contract Documents provide otherwise, any reference to laws, ordinances, rules, or regulations include their later amendment, modifications, and successor legislation. If Contractor or City brings a lawsuit to enforce or interpret one or more provisions of the Contract Documents, jurisdiction is in the Superior Court of the County of Los Angeles, California, or where otherwise appropriate, in the United States District Court, Central District of California. Contractor and City acknowledge that the Contract Documents were negotiated, entered into, and executed—and the Work was performed—in the City of Vernon, California. 17.12 FURTHER ASSURANCES Contractor shall promptly execute and deliver to City all such instruments and other documents and assurances as are reasonably requested by City to further evidence the obligations of Contractor hereunder, including assurances regarding assignments of Subcontractors contained herein. 17.13 SEVERABILITY If any clause, provision, section, paragraph or part of the Contract is ruled invalid by a court having proper jurisdiction, then the parties shall: (a) promptly meet and negotiate a substitute for such clause, provision, section, paragraph or part, which shall, to the greatest extent legally permissible, effect the original intent of the parties, including an equitable adjustment to the Contract Price to account for any change in the Work resulting from such invalidated portion; and (b) if necessary or desirable, apply to the court or other decision maker (as applicable) which declared such invalidity for an interpretation of the invalidated portion to guide the negotiations. The invalidity or unenforceability of any such clause, provision, section, paragraph or part shall not affect the validity or enforceability of the balance of the Contract, which shall be construed and enforced as if the Contract did not contain such invalid or unenforceable clause, provision, section, paragraph or part. Page 92 of 115 17.14 HEADINGS The captions of the sections of the Contract are for convenience only and shall not be deemed part of the Contract or considered in construing the Contract. 17.15 ENTIRE AGREEMENT The Contract Documents contain the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements, understandings, statements, representations and negotiations between the parties with respect to its subject matter. 17.16 COUNTERPARTS This instrument may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [END OF ARTICLE] Page 93 of 115 EXHIBIT 1 Bond No.: Premium Amount: $ Bond’s Effective Date: PERFORMANCE BOND RECITALS: 1. The City of Vernon, California (“City”), has awarded to (Name, address, and telephone of Contractor) ________________________________________________________________________________ (“Principal”), a Contact (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 Licensed 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. Page 94 of 115 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 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. [Signatures to this Exhibit 1, Performance Bond, Begin on Next Page]. Page 95 of 115 On the date set forth below, Principal and Surety duly executed this Performance 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 and Title) (Name and Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents:  THIS BOND MUST BE EXECUTED IN TRIPLICATE.  EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT.  THE ATTORNEY-IN-FACT’S SIGNATURE MUST BE NOTARIZED.  A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By: By: Daniel Wall, Public Works Director Zaynah N. Moussa, Interim City Attorney CORPORATE SEAL CORPORATE SEAL CORPORATE SEAL Page 96 of 115 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 97 of 115 EXHIBIT 2 Bond No.: Premium Amount: $ Bond’s Effective Date: PAYMENT BOND (LABOR AND MATERIALS) RECITALS: 1. The City of Vernon, California (“City”), has awarded to __________________________________________________________________________________________ (Name, address, and telephone of Design-Builder) ________________________________________________________________________________ (“Principal”), a Contract (the “Contract”) for the Work described as follows: Specification No. : in Vernon, CA. 2. Principal is required under California Civil Code Sections 9550-9566 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 Licensed 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 9100, 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: Page 98 of 115 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. 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. [Signatures to this Exhibit 2, Payment Bond, Begin on Next Page]. Page 99 of 115 On the date set forth below, Principal and Surety duly executed this Payment 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 and Title) (Name and Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents:  THIS BOND MUST BE EXECUTED IN TRIPLICATE.  EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT.  THE ATTORNEY-IN-FACT’S SIGNATURE MUST BE NOTARIZED.  A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By: By: Daniel Wall, Public Works Director Zaynah N. Moussa, Interim City Attorney CORPORATE SEAL CORPORATE SEAL CORPORATE SEAL CORPORATE SEAL Page 100 of 115 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 115 EXHIBIT 3 Bond No.: Premium Amount: $ Bond’s Effective Date: MAINTENANCE BOND RECITALS: 1. The City of Vernon, California (“City”), has awarded to (Name, address, and telephone of Contractor) _______________________________________________________________________________________ (“Principal”), a Contract (the “Contract”) for the Work described as follows: Specification No. : in Vernon, CA. 2. Principal is required under the terms of the Contract— and all contract documents referenced in it (“Contract Documents”)— after completion of the Work and before the filing and recordation of a Notice of Completion for the Work, to furnish a bond to secure claims for Maintenance equal to ten percent (10%) of the total amount of the Contract Which shall hold good for a period of one (1) year from the date the City’s Notice of Completion and Acceptance of the Work is filed with the County Recorder, to protect the City against the result of faulty material or workmanship during that time. 3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and made a part of it by this reference. OBLIGATION: THEREFORE, for value received, We, Principal and (Name, address, and telephone of Surety) ______________________________________________________________________________________ (“Surety”), a duly admitted surety insurer under California’s laws, agree as follows: By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators, successors, and assigns to pay City the penal sum of Dollars ($ ) (“the Bonded Sum”), this amount comprising not less than ten percent (10%) of the total Contract Sum, in lawful money of the United States of America. The Licensed 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 Page 102 of 115 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. 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. [Signatures to this Exhibit 3, Maintenance Bond, Begin on Next Page]. Page 103 of 115 On the date set forth below, Principal and Surety duly executed this Maintenance 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 and Title) (Name and Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents:  THIS BOND MUST BE EXECUTED IN TRIPLICATE.  EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT.  THE ATTORNEY-IN-FACT’S SIGNATURE MUST BE NOTARIZED.  A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By: By: Daniel Wall, Public Works Director Zaynah N. Moussa, Interim City Attorney CORPORATE SEAL CORPORATE SEAL CORPORATE SEAL CORPORATE SEAL Page 104 of 115 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 105 of 115 EXHIBIT 4 INSURANCE REQUIREMENTS 1.0 REQUIRED INSURANCE POLICIES At its own expense, Contractor shall obtain, pay for, and maintain – and shall require each of its Subcontractors to obtain and maintain – for the duration of the Agreement, policies of insurance meeting the following requirements: A. Workers’ Compensation/Employer’s Liability Insurance shall provide workers’ compensation statutory benefits as required by law. 1. Employer’s Liability insurance shall be in an amount not less than: (a) ONE MILLION DOLLARS ($1,000,000) per accident for bodily injury or disease; (b) ONE MILLION DOLLARS ($1,000,000) per employee for bodily injury or disease; and (c) ONE MILLION DOLLARS ($1,000,000) policy limit. B. Commercial General Liability (“CGL”) (primary). City and its employees and agents shall be added as additional insureds, not limiting coverage for the additional insured to “ongoing operations” or in any way excluding coverage for completed operations. Coverage shall apply on a primary, non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any employee, representative or agent of City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors’ limitation or other endorsement limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 1. CGL insurance must not be written for less than the limits of liability specified as follows: (a) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including accidental death) to any one person; (b) ONE MILLION DOLLARS ($1,000,000) per occurrence for personal and advertising injury to any one person; (c) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; and (d) TWO MILLION DOLLARS ($2,000,000) general aggregate limit. 2. CGL insurance must include all major divisions of coverage and must cover: (a) Premises Operations (including Explosion, Collapse, and Underground [“X,C,U”] coverages as applicable); (b) Independent Contractor’s Protective; Page 106 of 115 (c) Independent Contractors; (d) Products and Completed Operations (maintain same limits as above until five (5) years after recordation of Notice of Completion); (e) Personal and Advertising Injury (with Employer’s Liability Exclusion deleted); (f) Contractual Liability (including specified provision for Contractor’s obligation under Article 11 of the General Conditions); and (g) Broad Form Property Damage. 3. Umbrella or Excess Liability Insurance (over primary), if provided, shall be at least as broad as any underlying coverage. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no contractor’s limitation endorsement. The policy shall have starting and ending dates concurrent with the underlying coverages. The Named Insured may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits and complies with all other requirements listed here. C. Business Automobile Liability Insurance 1. Business Automobile Liability Insurance must cover all vehicles, whether rented, leased, hired, scheduled, owned or non-owned. If Contractor does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Business Automobile Liability Insurance coverage amounts shall not be less than the following: (a) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including accidental death) to any one person; and (b) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; or (c) ONE MILLION DOLLARS ($1,000,000) combined single limit. D. Contractors Pollution Liability Insurance (CPL) 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 Page 107 of 115 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 officers, employees and agents shall be added to the policy as additional insureds by endorsement. 2.0 GENERAL REQUIREMENTS—ALL POLICIES A. Qualifications of Insurer. At all times during the term of this Contract, Contractor’s insurance company must meet all of the following requirements: 1. “Admitted” insurer by the State of California Department of Insurance or be listed on the California Department of Insurance’s “List of Surplus Line Insurers” (“LESLI”); 2. Domiciled within, and organized under the laws of, a State of the United States; and 3. Carry an A.M. Best & Company minimum rating of “A:VII”. B. Continuation Coverage. For insurance coverages that are required to remain in force after the Final Payment, and if reasonably available, Contractor shall submit to City, with the final Application for Payment, all certificates and additional insured endorsements evidencing the continuation of such coverage. C. Deductibles or Self-Insured Retentions. All deductibles or self-insured retentions are subject to City’s review and approval, in its sole discretion. D. Commercial General Liability and Business Automobile insurance policies must be written on an “occurrence” basis and must add the City of Vernon and its officers, agents, employees and representatives as additional insureds. E. Contractor’s Insurance Primary. Other insurance (whether primary, excess, contingent or self- insurance, or any other basis) available to City, or its representatives, or both, is excess over Contractor’s insurance. City’s insurance, or self-insurance, or both, will not contribute with Contractor’s insurance policy. F. Waiver of Subrogation. Contractor and Contractor’s insurance company waive— and shall not exercise— any right of recovery or subrogation that Contractor or the insurer may have against City, or its representatives, or both. Page 108 of 115 G. Separation of Insureds. Contractor’s insurance policy applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the naming of multiple insureds will not increase an insurance company’s limits of liability. H. Claims by Other Insureds. Contractor’s insurance policy applies to a claim or suit brought by an additional insured against a Named Insured or other insured, arising out of bodily injury, personal injury, advertising injury, or property damage. I. Premiums. City is not liable for a premium payment or another expense under Contractor’s policy J. At any time during the duration of this Contract, City may do any one or more of the following: 1. Review this Agreement’s insurance coverage requirements; 2. Require that Contractor obtain, pay for, and maintain more insurance depending on City’s assessment of any one or more of the following factors: (a) City’s risk of liability or exposure arising out of, or in any way connected with, the services of Contractor under this Agreement; (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 Page 109 of 115 2. Furnishes City at any time upon its request, with a complete copy of the Subcontractor’s insurance policy or policies for City’s review, or approval, or both. Failure of City to request copies of such documents shall not impose any liability on City, or its employees. O. Contractor’s failure to comply with an insurance provision in this Agreement constitutes a material breach upon which City may immediately terminate or suspend Contractor’s performance of this Agreement, or invoke another remedy that this Agreement or the law allows. At its discretion and without waiving any other rights it may have pursuant to law, City has the right but not a duty to obtain or renew the insurance and pay all or part of the premiums. Upon demand, Contractor shall repay City for all sums or monies that City paid to obtain, renew, or reinstate the insurance, or City may offset the cost of the premium against any sums or monies that City may owe Contractor. 3.0 CONTRACTOR’S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS A. Contractor shall have its insurance carrier(s) or self-insurance administrator(s) complete and execute the following insurance documents and shall deliver said documents at the same time Contractor delivers this Agreement to City. City will neither sign this Agreement nor issue a “Notice to Proceed” until the City Attorney or City’s Risk Manager has reviewed and approved all insurance documents. City's decision as to the acceptability of all insurance documents is final. Sample insurance documents in the City’s approved format are set forth in this 4. B. Required Submittals for Commercial General Liability and Business Automobile Insurance and 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 Page 110 of 115 ensuring that all required coverage is provided. Contractor agrees to obtain certificates evidencing such coverage. F. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. G. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. H. Any “self-insured retention” must be declared and approved by City. City reserves the right to require the self-insured retention to be eliminated or replaced by a deductible. Self-funding, policy fronting or other mechanisms to avoid risk transfer are not acceptable. If Contractor has such a program, Contractor must fully disclose such program to City. Page 111 of 115 EXHIBIT 5 Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit CITY OF VERNON PUBLIC WORKS DEPARTMENT Construction Stormwater Program Permit Number: Date: Applicant: Phone: Project Address: Property Owner: Contractor: Contractor’s Address: The National Pollutant Discharge Elimination System (NPDES) is a portion of the Clean Water Act that applies to the protection of receiving waters. Under permits from the Los Angeles Regional Water Quality Control Board (RWQCB), certain activities are subject to RWQCB enforcement. To meet the standards of the Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watershed of Los Angeles County, Except those Discharges Originating from the City of Long Beach MS4 (CAS004001), the City of Vernon has adopted minimum standards for stormwater runoff from development construction activities. These minimum standards require the implementation of an effective combination of erosion and sediment control Best Management Practices (BMPs) to prevent erosion and sediment loss, and the discharge of construction waste at each site. At a minimum, the construction activity associated with the construction project identified above shall be conducted in such a manner that:  Prevents illicit construction-related discharges of pollutants into the MS4 and receiving waters.  Implements and maintains structural and non-structural BMPs to reduce pollutants in stormwater runoff from construction sites.  Reduces construction site discharges of pollutants to the MS4 to the maximum extent practicable.  Prevents construction site discharges to the MS4 from causing or contributing to a violation of water quality standards. Note: The Stormwater BMP Construction Handbook sheets developed by the California Stormwater Quality Association shall be used as guidance in determining and implementing required BMPs. The BMP sheets may be reviewed at the Public Works Department counter during regular business hours. A General Construction Permit shall be obtained and maintained for all construction sites one (1) acre or greater. Additional conditions may be required for these sites. Page 112 of 115 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 113 of 115 EXHIBIT A6 Statement of Intent to Comply with Minimum Requirements of the California Covid-19 Industry Guidance: Construction CITY OF VERNON PUBLIC WORKS DEPARTMENT 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 114 of 115 EXHIBIT B SPECIAL PROVISIONS SPECIFIC FOR THIS PROJECT CS-1345 SP-1 SPECIAL PROVISIONS SPECIAL PROVISIONS - SPECIFIC FOR THIS PROJECT CS-1345: CITY HALL BASEMENT COOLING SYSTEM UPDATE B-1.01 Scope of Work – The proposed project will consist of replacing the existing cooling system that serves the Police Department side of the City Hall complex basement. The existing system consists of one (1) 25-ton condensing unit (CU) piped to a dual circuit multi-zone air handling unit (AHU). The new equipment will consist of the specified dual circuit multi-zone AHU and the two (2) specified 12.5-ton condensing units. The number of zones provided by the new multi-zone AHU is the same as existing, and the new AHU will connect to the existing zone ducts. The existing pneumatic controls will be replaced by the specified Digital Direct Controls (DDC). Temporary air conditioning will be provided by the City for the duration of the system down time. Down time is expected to be no more than fifteen (15) calendar days from the shutoff of the original system; after that point, the contractor is responsible for the cost of the temporary air conditioning unless its continued use is due to delay(s) on the part of the City. Bridging steel from the existing CU pier supports and the new CU footprint are also included in the Scope of Work. It is expected that the new CUs will be supported at a level above the floor that is equal to the height of existing piers plus the bridging steel. Also included are round discharge ducts to move air from the CUs to the expanded metal grates above the units. The grates may be used to support the weight of the ducts. The ducts are to be sized approximately four (4) inches wider than the condenser fan blade diameter. Each discharge duct is to have a removable panel of ample size to permit access to and removal of condenser fan motor and blade. The specified equipment has been selected to meet specific dimensional, size requirements, and compatibility with future system automation. No substitutions will be accepted. In the event of any conflicts, refer to the “Procedure of Contract Documents” contained in General Conditions, Section 1.10. Scope of Services Required: The sequential scope of work is as follows: 1. Evacuate refrigerant and disconnect existing condensing unit and air handling unit. The contractor will leave the refrigerant on site for future use by owner and properly dispose of existing oil as a part of this scope of work. 2. Lift the expanded metal grates out of the way as required to remove the old CU out of the pit. Move the old AHU into the pit, then lift out. Lift the new AHU into the pit, then move to its location. Lift the bridging steel into place and secure; lift the new CUs into place; lift the CU discharge ducts and expanded metal grates into position. Proper disposal of old material per Environmental Protective Agency (EPA) requirements is included in this scope of work. Removal and replacement of the doors between the pit and the equipment room is to be done by the Contractor. 3. The new AHU has internal spring-type isolation. The unit itself shall be anchored to the floor per Zone IV Seismic Code requirements. 4. When the new CUs and AHU are in place, the refrigerant piping will be installed. A solenoid shut-off valve (wired to open when its CU is enabled and close when the CU is CS-1345 SP-2 SPECIAL PROVISIONS disable), a replaceable core liquid line filter drier shell, and moisture indicating liquid line sight glass will be included for each CU/AHU circuit. A pressure transducer will be included in both the low and high side of each CU. Output information from the transducers will be displayed on the control system graphics both for diagnostic purposes and to permit a screen alarm to denote when the heat exchanger approach determined by the temperature in the pit versus head pressure indicate that the condenser coils need to be cleaned. 5. A new electrical circuit for each CU with fused disconnect mounted on the pit wall will be provided by the City. This service will be installed as far as the disconnect prior to the commencement of work. After the CUs are installed, the City will install conduit and wire to the CUs, with final terminations and start-up to be by the mechanical contractor. Upgrades to the AHU electrical service will be performed as required by the City, including disconnecting means, conduit, and wire to enable final connection to the motor. Final terminations and start-up will be by the mechanical contractor. 6. The new AHU’s condensate drain line will connect to the existing unit’s drain location. 7. The existing hot water service will be utilized for the new AHU’s hot water coil, with new three-way mixing-type hot water control valve, Circuit Setter or equivalent flow balancing valve, Pete’s plugs, strainer and at least one (1) union each on supply, return and mixing line. 8. All new and disturbed refrigerant and hot water piping will be insulated. Hot water piping, hot gas piping, and outdoor piping will be insulated with minimum 1” fiberglass insulation, with outdoor piping receiving a sealed aluminum jacket with PVC elbows and indoor piping receiving a paper jacket. Indoor suction line piping shall be insulated with 1” closed cell foam (Armaflex or similar). 9. The new AHU will extend far enough into the room to permit duct connection without disturbing the existing sprinkler pipe overhead in front of the existing unit. The zone ducts will be properly connected to the zoning damper via flex connections. A new quadrant- type balancing damper with a valve-style handle will be included for each zone duct. 10. The new AHU will be direct drive with VFD for balancing purposes. A fan status toroid will be included in the specified control system. 11. The control system shall use multi-protocol, generic controllers supporting both LonWorks and Bacnet. The system is to be generic; all programming tools shall be readily available on the open market and user interfaces shall be programmable using open and readily available tools. Proprietary systems not conforming to these requirements will not be acceptable. The control system shall connect and control the CUs, AHU, hot water coil, and zoning damper system. All related components, including solenoid valves, zoning damper position, room temperature, and equipment set points will be controlled by the control system, with the graphical interface showing the status of those points. The two (2) CUs shall have a LonTalk or Bacnet interface card to permit direct communication between the CUs and the specified control system. A new digital room sensor will be installed where existing pneumatic sensors exist. All low voltage wiring for the new DDC system, as well as low voltage transformers, control devices, and programming is included in this Scope of Work. Exposed low voltage wire in the equipment room and below ceiling level elsewhere will be run in conduit. Control wiring run above ceilings may be run in plenum rated cable without conduit. The pneumatic main airline shall be permanently capped at the most effective places where it serves the devices that are to be converted to DDC. The remaining pneumatic air system will still be required for other floors of the building, and shall remain operative throughout the project and beyond, other than brief shutdowns that CS-1345 SP-3 SPECIAL PROVISIONS are to be scheduled in advance with the City for the purpose of capping the pneumatic air lines. 12.CUs will be controlled in a lead-lag fashion with hot gas bypass installed on both circuits. The hot gas circuit will consist of a solenoid valve and hot gas valve connected into a side inlet TXV. The solenoid will be enabled when the CU is enabled. A service isolation valve will be installed both upstream and downstream of the solenoid/hot gas valve combination. 13.The control system will display the status of all devices, hot and cold deck supply air temperature, and outside air temperature in the equipment pit. Room temperatures, duct temperatures, and zoning damper position will be displayed for each zone on a floor plan graphic. The floor plan graphic will be color-coded and highlight via color any zone not within two (2) degrees Fahrenheit (adjustable) of set point temperature. 14.The control system must be cross browser compatible. 15.Startup will include a complete start-up data report for the two (2) CUs and the AHU as well as an air balance report with air flow balanced per original plans. Proper installation and operation of the hot gas system and variable speed head pressure controls will be demonstrated. Final payment by the City shall not occur until these reports and demonstrations are received. Required Equipment •Two (2) Trane Model TTA1504DAB condensing units; 460/3/60 with Lon or Bacnet card and variable speed head pressure control; and •One (1) Trane Model CSAA017UA blow thorugh AHU with four (4) row DX coil and internal fan isolation. A Trane-furnished Thybar matching two (2) deck multizone module with two (2) row hot water coil and zoning dampers to be field mounted by the contractor. Five (5) HP direct drive 460/3/60 fan motor with VFD for balancing purposes. B-1.02 Length of Contract – All work in the project must be completed within one- hundred and eighty (180) calendar days from the date of commencement as established by the City’s written Notice to Proceed. B-1.03 Specifications – The work shall be done in accordance with Contract No. CS-1345 Specifications; The 2016 California Residential Code, California Building Code, California Plumbing Code, California Mechanical Code, California Green Building Standards Code and Part 1 – General Provisions of the “Greenbook” Standard Specifications for Public Works Construction (2018 Edition). B-1.04 Delays and Extensions of Time – The provisions of Section 6-4 entitled "Delays and Extensions of Time" of the Standard Specifications for Public Works Construction (2018) shall apply except as modified and supplemented below. The second paragraph of subsection 6-4.1 is hereby deleted and the following paragraph shall be inserted in its place: No extension of time will be granted for a delay caused by the inability of the Contractor to obtain materials, equipment and labor, except as authorized by the City Engineer. The length of contract time stipulated includes any time which may be required to obtain materials, equipment and labor, and the Contractor in submitting a CS-1345 SP-4 SPECIAL PROVISIONS bid shall be deemed to have ascertained the availability of materials, equipment and labor and considered same in his proposed construction schedule. B-1.05 Quality of Work – The provisions of Section 4-1 entitled "Control of Materials" of the Standard Specifications for Public Works Construction (2018) shall apply. In addition, any work deemed unacceptable by the City Engineer, whether a cause is determined or not shall be repaired or replaced by the Contractor at his expense. B-l.06 Liquidated Damages – In accordance with Section 6-9 of the Standard Specifications for Public Works Construction (2018), for each consecutive calendar day required to complete the work in excess of the time specified herein for its completion, as adjusted in accordance with Section 6-4 of the Standard Specifications for Public Works Construction (2018), the Contractor shall pay to the City, or have withheld from monies due it, the sum of $1,000. B-1.08 Unit Prices – All costs not covered by specific unit prices but required for a complete job in place, shall be included in the items most related to the work. B-1.09 Permits, Inspections, Plan Checks, Governmental Approvals – Contractor shall submit plans and ply for a No-Fee Mechanical Permit. B-2.01 Scheduling of Work – The Contractor shall submit his work schedule to the City Engineer at the pre-construction meeting. The construction schedule shall show the sequence of work, critical path and estimated time for completion of each segment of work. This schedule must be reviewed and accepted by the City Engineer before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed schedule forecasting two weeks of work describing each day’s work. This schedule shall be updated and submitted to the City every other Monday during the construction period. The Contractor shall give 48-hour notice to the City Engineer prior to the start of the work. B-2.02 Construction Hours – The type of work below will have time restrictions as followed: All work shall occur Monday thru Thursday between the hours of 7 a.m. - 4 p.m. B-2.03 Extra Work – In the event the City and the Contractor are unable to negotiate an agreed price for extra work, which is acceptable to both parties, payment shall be made based on time and materials as follows: a. Work by the Contractor: The following percentages shall be added to the Contractor's cost and shall constitute the markup for all overhead and profits: 1. Labor 20% 2. Materials 15% 3. Equipment Rental 15% 4. Other Items and Expenditures 15% b. Work by the Subcontractor - When all or any part of the extra work is performed by a subcontractor, the above markups shall apply to the aggregate sum of the extra work, CS-1345 SP-5 SPECIAL PROVISIONS regardless of the number of tiers of subcontractors used. In addition, a markup of 5-percent on the subcontracted portion of each extra work may be added by the Contractor. B-3.01 Compliance with Laws. Regulations and Safe Practices – The Contractor shall perform all work in a safe, competent manner and in accordance with all federal, state, and local statues, regulations, ordinances, rules, and governmental orders. The Contractor will be solely and completely responsible for the conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. Inspection of the Contractor's performance by the City, its agents, or employees is not intended to include review of the adequacy of the Contractor's safety measures in or near the job site. B-3.02 Notification of Utilities –The Contractor shall contact the Underground Service Alert of Southern California (U.S.A.) at least two working days in advance of the construction work. B-3.03 Noise Restrictions – The noise level from the Contractor's operations shall not exceed 85 dBA when measured within a one hundred (100) foot radius at any time. B-4.01 Construction Order of Work – Work shall be scheduled so as to lessen the impact upon neighboring properties. Requirements – General: 1. All construction shall conform to Sections 6-1 and 6-2 of the latest edition of the Standard Specifications for Public Works Construction (2018) and shall proceed in a smooth, efficient, timely and continuous manner. As such, once construction is started in a work area, the Contractor will be required to work continuously in that work area until construction has been completed. 2. Once construction is started in a work area, the Contractor shall not withdraw manpower or equipment from that work area in order to start construction in another work area if doing so, in the opinion of the City Engineer, delays the completion of the work presently under construction. 3. No stockpiling of material and construction equipment in or on areas outside of the construction site will be permitted on this project unless approved by the City Engineer. Upon the review and approval of the City, the Contractor may elect to obtain a storage yard for his materials and construction equipment for the duration of this contract in order that work on this project will proceed in an efficient manner. Said storage yard shall conform to all City regulations, ordinances, and zoning requirements and shall be maintained in a neat and orderly manner. 4. The Contractor shall maintain continuous access to all residents and businesses within the project limits, including drive approaches, unless the Contractor has obtained the approval of the City Engineer to close either such access or drive approach. CS-1345 SP-6 SPECIAL PROVISIONS B-5.01 Character of Workers – If any subcontractor or person employed by the Contractor shall appear to the City Engineer to be incompetent, intemperate, troublesome, or acts in a disorderly or otherwise objectionable manner, he shall be immediately discharged from the project on the request of the City Engineer, and such person shall not be reemployed on the work. If said individual has an ownership interest in the contracting entity, the City Engineer will serve written notice upon the Contractor and the Surety providing the faithful performance bond, in accordance with Section 6-7, "Termination of the Contract for Default," of the Standard Specifications for Public Works Construction (2018), demanding complete and satisfactory compliance with the Contract. B-6.01 Protection of the Public – The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the City Engineer, a condition exists in which the Contractor has not taken sufficient precaution of public safety, protection of utilities, and/or protection of adjacent structures or property, the City Engineer will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the City Engineer, or in the event of an emergency situation, the City Engineer may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the City Engineer, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor. B-7.01 Temporary Water Meter – If necessary, the Contractor shall obtain a temporary water meter from the City of Vernon Water Department by placing a deposit of $1,500. Contractor shall pay for all water used. Contractor shall not relocate the service. The Contractor shall call the City of Vernon Water Department to relocate the service and will be charged $50.00 for each relocation. B-8.01 Dust Control – Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall abate dust nuisance by cleaning or other means as necessary when requested by the City. Failure of the Contractor to comply with the City Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation nor extension of contract completion time will be allowed as a result of such suspension. The cost of furnishing and operating dust control during the construction project must be included in the various bid items, and no extra compensation will be paid to the Contractor. B-9.01 Unclassified Excavation – This section shall conform to Subsection 300-2 of the Standard Specifications and these Special Provisions. Unclassified excavation shall consist of saw cutting, excavation and disposal of existing grass areas, concrete pads and walkways. The cost for unclassified excavation shall be included in the unclassified excavation bid item unit price and no additional compensation to the Contractor shall be made therefor. Cost for unclassified fill if any, re-grading CS-1345 SP-7 SPECIAL PROVISIONS and re-compaction shall be included in the unit price paid for the unclassified excavation for the said areas and no additional payment will be allowed therefor. B-10.01 Abandon in Place No gas lines, electrical lines or water lines shall be abandoned in place. The replacement of the water, electrical and gas lines shall include the removal and disposal of existing lines. The cost for the removal and disposal shall be included in the various bid items and no additional compensation will be paid to the contractor. All demolition debris shall be hauled away in accordance with State regulations at no additional cost to the City. B-11.01 Examination of the Site – The Contractor is required to examine the site and judge for themselves the location, physical conditions, substructures, and surroundings of the proposed work. B-12.01 Mobilization – The cost of all preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the project site must be included in the various bid items, and no extra compensation will be paid to the Contractor. B-13.01 Final Cleaning of Site and Restoration – The Contractor shall be responsible for cleaning and restoration of all damaged existing improvements at no cost to the City. The cost of such cleaning after the construction of the project must be included in the various bid items, and no extra compensation will be paid to the Contractor. B-14.01 Contractor Responsibility – The Contractor shall be responsible for the final product and shall make any quality control, adjustments and corrections necessary to obtain the final product accepted by the City Engineer. The Contractor shall perform process and quality control sampling and testing and exercise management control the work of his/her subcontractors, technicians and workers to ensure that the work conform to these Specifications. Page 115 of 115 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 7 of 175 NOTICE INVITING BIDS for CITY HALL BASEMENT COOLING SYSTEM UPDATE CS-1345 in the City of Vernon, California Bids are to be signed and submitted in TRIPLICATE. ONE ORIGINAL AND TWO COPIES of sealed bids must be received prior to 2:00 p.m., July 14, 2021 , by the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, (“Bid Deadline”). All bids shall be enclosed in sealed envelopes, distinctly marked “Bid” with the title of the bid and the bidder’s name address appearing on the outside. Bids should be mailed or delivered in person before 2:00 p.m. on the Bid Deadline. LATE SUBMITTALS WILL NOT BE ACCEPTED. Bids must be received in the City Clerk’s Office before that time. Bids will be opened in the City Clerk’s Office at 2:00pm on July 14, 2021. At the bid opening, the City Clerk shall open bid packages and acknowledge the receipt of Bids. Once all bid packages are opened and announced, the Bid Forms will be made available for public review. The bids shall be clearly titled. Copies of the Bid Documents, Plans and Specifications are available at no charge at www.cityofvernon.org/planetbids Pre-Bid Meeting: A pre-bid meeting to answer any questions regarding the project plans and specifications is scheduled for July 7, 2021 at 10:30 am in the Public Works Department, 4305 Santa Fe Avenue, Vernon, California. This meeting is to answer any questions regarding the project plans and specifications. Attendees must adhere to the State and local guidelines regarding COVID-19, including applicable industry guidelines for construction sites. Attendance is not mandatory. City of Vernon Contact Person: Public Works Department Attention: Kenneth Jackson, Facilities Supervisor Phone: (323) 583-8811 Ext. 216 Email: KJackson@ci.vernon.ca.us Page 8 of 175 Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bidder fails to meet the essential requirements for qualification. General Scope of Work: Contractor shall furnish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The Work in the Bid is defined in the Project Drawings and Specifications and will generally include the following: Replacing the existing cooling system that serves the Police Department side of the City Hall complex basement. The existing system consists of one (1) 25-ton condensing unit (CU) piped to a dual circuit multi-zone air handling unit (AHU). The new equipment will consist of the specified dual circuit multi-zone AHU and the two (2) specified 12.5-ton condensing units. The number of zones provided by the new multi-zone AHU is the same as existing, and the new AHU will connect to the existing zone ducts. The existing pneumatic controls will be replaced by the specified Digital Direct Controls (DDC). Temporary air conditioning will be provided by the City for the duration of the system down time. Down time is expected to be no more than fifteen (15) calendar days from the shutoff of the original system; after that point, the contractor is responsible for the cost of the temporary air conditioning unless its continued use is due to delay(s) caused by the City. Bridging steel from the existing CU pier supports and the new CU footprint are also included in the Scope of Work. It is expected that the new CUs will be supported at a level above the floor that is equal to the height of existing piers plus the bridging steel. Also included are round discharge ducts to move air from the CUs to the expanded metal grates above the units. The grates may be used to support the weight of the ducts. The ducts are to be sized approximately four (4) inches wider than the condenser fan blade diameter. Each discharge duct is to have a removable panel of ample size to permit access to and removal of condenser fan motor and blade. The specified equipment has been selected to meet specific dimensional, size requirements, and compatibility with future system automation. No substitutions will be accepted. In the event of any conflicts, refer to the “Procedure of Contract Documents” contained in General Conditions, Section 1.10. Note: In order to be considered responsive, bids shall include enough information to determine that both the control system and the equipment listed in the Special Provisions are included as specified. Bids that do not clearly identify the control system to be installed (as well as its compliance with all of the requirements set forth in this Notice Inviting Bids) and equipment to be provided will not be considered responsive and will be rejected. Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the essential requirements for qualification. As part of the Bidder’s Statement of Qualifications, each Bid must establish that: Page 9 of 175 1.Bidder must possess a valid C-20 Contractors License. 2.Bidder shall have at least five (5) years of relevant experience performing services on similar projects; 3.Bidder is to provide, with proposal, at least three (3) satisfactory references for similar work performed in the past five (5) years; and 4. Bidder shall demonstrate an understanding of the project and knowledge of the disciplines necessary to complete the project and track records of delivering on time and on budget. Other Bidding Information: 1.Contract Time: This Work must be completed within 180 calendar days from the date of commencement as established by the City’s written Notice to Proceed. 2.Amount of Liquidated Damages: $1,000 per calendar day. 3.Required Construction Staging: Not part of Contract 4.Bidding Documents. Bids must be made on the Proposal Form contained herein. 5.Engineer’s Estimate. An Engineer’s Estimate has not been prepared. 6.Acceptance or Rejection of Bids. The City reserves the right to reject any and all bids, to award all or any individual part/item of the bid, and to waive any informalities, irregularities or technical defects in such bids and determine the lowest responsible bidder, whichever may be in the best interests of the City. No late bids will be accepted, nor will any oral, facsimile or electronic bids be accepted by the City. 7.Contractor’s License. At the time of the Bid Deadline and at all times during performance of the Work, including full completion of all corrective work during the Correction Period, Contractor must possess a California contractor’s license or licenses, current and active, of the classification required for the Work, in accordance with the provisions of Chapter 9, Division 3, Section 7000 et seq. of the Business and Professions Code. In compliance with Public Contract Code Section 3300, the City has determined that the Bidder must possess the following license(s): C-20 (Warm-Air Heating, Ventilating and Air-Conditioning). The Bidder will not receive a Contract award if at the time of submitting the bid, the Bidder is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active. If the City discovers at the time of the Bid Deadline that Contractor is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active, the City may reject the Bid, cancel the award, declare the Bid Bond as forfeited, keep the Bid Bond’s proceeds, and exercise any one or more of the remedies in the Contract Documents in addition to those provided by law. 8. Subcontractors’ Licenses and Listing. Bidders must list each Subcontractor whom the Bidder must disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and the Bidder must provide all of the Subcontractor information that Section 4104 requires (name, address, license number, and portion of the Work). An inadvertent error in the license number will not be considered nonresponsive if it is corrected within 24 hours after the bid opening. In addition, the City requires the Bidder to list the dollar value of each Subcontractor’s labor or Page 10 of 175 services. The City reserves the right to review and disqualify any proposed Subcontractor. The City’s disqualification of a Subcontractor does not disqualify a Bidder. In such case, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor— without an adjustment of the Bid Amount. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor’s license must be current and active for the portion of the Work listed and shall hold all specialty certifications required for such Work. 9. Permits, Inspections, Plan Checks, Governmental Approvals, Utility Fees and Similar Authorizations. Contractor shall submit plans and apply for a No-Fee Mechanical Permit. Unless specified otherwise, all Governmental Approvals and Utility Fees shall be obtained and paid for by Contractor and will be reimbursed based on Contractor’s actual direct cost without markup. 10. Bid Forms and Security: Each Bid must be made on the Bid Forms obtainable at the City of Vernon planet bids Website. Each Bid shall be accompanied by a cashier’s check or certified check drawn on a solvent bank, payable to “City of Vernon,” for an amount equal to ten percent (10%) of the total maximum amount of the Bid. Alternatively, a satisfactory corporate surety Bid Bond for an amount equal to ten percent (10%) of the total maximum amount of the Bid may accompany the Bid. Said security shall serve as a guarantee that the successful Bidder will, within fifteen (15) calendar days after the date of the award of the contract, enter into a valid contract with the City for said Work in accordance with the Contract Documents. 11. Bid Irrevocability. Bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 12. Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of securities for withheld funds is permitted in accordance therewith. 13. Prevailing Wages. This Project is a “public work” as defined in California Labor Code Section 1720. Contractor awarded this Contract and all Subcontractors of any tier shall not pay less than the minimum prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Work. The Director of Industrial Relations of the State of California, pursuant to the California Labor Code, and the rates determined by the California Director of Industrial Relations are available online at www.dir.ca.gov/DLSR/PWD/. 14. Payroll Records. Pursuant to SB 854, Contractor and any Subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). 15. Registration with the Department of Industrial Relations (DIR). No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR. Page 11 of 175 Carlos Fandino City Administrator Dated: 6/17/2021 (Approved as to form by the City Attorney’s Office) Published: 6/29/2021 Page 12 of 175 City of Vernon Instructions for Bidders CITY HALL BASEMENT COOLING SYSTEM UPDATE for the Department Public Works City personnel with whom prospective bidders will coordinate with are: Kenneth Jackson, Public Works Department, 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Ext. 216. Bid opening date and time: July 14, 2021 at 2:00 pm (“Bid Deadline”) Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058 The bid must be received by the City Clerk prior to the time set for bid opening. A bid received by the City Clerk after the time set for the bid opening is a non-responsive bid and shall not be considered. GENERAL BID REQUIREMENTS To be considered, a bidder must strictly follow the format for bids in the specifications. Bids must be binding and firm. Any bids may be withdrawn before bid opening, but bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 1. CONTRACTORS LICENSE The Bidder must possess a valid State of California Contractors License and must list type in the classification(s) specified in the Notice Inviting Bids at the time of the Bid Deadline and at all times during the performance of the Work, except as otherwise provided in California Business and Professions Code Section 7028.15. 2. INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND ADDENDA A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of any part of the Bidding Documents, or who finds discrepancies, errors or omissions therein or who finds variances in any of the Bidding Documents with applicable law, such Bidder shall at once submit a written request for an interpretation or correction thereof to the City’s representative identified in the Notice Inviting Bids, or other designated individual. All Bidders shall submit such written requests to City not less than ten (10) calendar days prior to the Bid Deadline. The person or entity submitting the request shall be responsible for its prompt delivery to City’s Contact Person identified in the Notice Inviting Bids. Any interpretation or correction will be made only by Addendum issued by the City and a copy of such Addendum will be delivered to all Interested Bidders of record. Page 13 of 175 Any Addenda so issued must be acknowledged in the Bid and the cost of performing Work described in the Addenda shall be included in the Bid. Bidder’s failure to acknowledge receipt of all Addenda may result in rejection of the Bid as nonresponsive. No person is authorized to render an oral interpretation or correction of any Bidding Documents and no Bidder may rely on any such oral interpretation or correction issued by the City. The City shall not be responsible for any other explanation or interpretation of the Drawings or Specifications, or for any oral instructions. City reserves the right to extend the Bid Deadline by issuing an Addendum to Interested Bidders no later than 72 hours prior to the Bid Deadline. Bidders shall use complete sets of Bidding Documents in preparing Bids; City shall not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. B. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued and the Bidder shall acknowledge their receipt in the Bid. 3. OBTAINING DRAWINGS AND DOCUMENTS Bidder may secure Bidding Documents only from the location specified in the Notice Inviting Bids. City will maintain a list of persons who obtained a copy of these Specifications (“Interested Bidders”). Only Interested Bidders will receive Addenda, if so issued. 4. BID FORMS – SUBMITTAL A. The Bids shall be made on the forms provided herein with all blank spaces properly filled in. B. The phraseology shall not be changed, and no additions shall be made to the items mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions attached to a Bid will render it informal and may cause its rejection. All forms requiring specific information shall be completed with all applicable information for a Bid to be considered responsive. C. Include all Bid Forms, properly executed, and intact on forms provided. Enclose the Bid Forms in a sealed envelope; type or print on the envelope "BIDS for" followed by the title and Specification Number and the date and time of the Bid Deadline, and the Bidder's name and address. The envelope may be mailed, hand delivered, or delivered by courier or package delivery service. D. One Original Bid, two copies, and 1 pdf copy shall be hand delivered, delivered by courier or package delivery service to the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058. E. Bids received after the Bid Deadline or at any place other than the Office of the Page 14 of 175 City Clerk will not be considered. 5. BID FORMS – AUTHORIZED SIGNATURES A. The full name, business address, zip code, and business telephone number, with area code of the individual, partnership, joint venture, or corporation submitting the Bid shall be typewritten or legibly printed on the Bid Forms. The Bidder shall sign the form with his/her usual wet ink signature. B. Sole Proprietorship: An individual shall sign. C. Partnership (General or Limited): A partner shall sign for a partnership; the partner shall give the names and addresses of all partners. D. Corporation: An officer shall sign for a corporation. The corporate name must be attested by the corporate seal. The names and titles of the president and all officers of the corporation who are authorized to sign the Bid Forms must be listed in an authenticated Incumbency Certificate signed by the corporate secretary. A signature other than a corporate officer’s will be accepted only if an authenticated Incumbency Certificate is attached. E. Joint Venture: Bidders shall use the appropriate section(s) listed above in B-D, based on their applicable situation. 6. BID FORMS – SCHEDULE OF BID PRICES A. The Bidder shall include in his/her Bid price(s) any and all expense or costs that may be necessary to complete the project in accordance with the requirements of the Contract. The cost of all mobilization, preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the various project sites must be included in the various bid items, and no extra compensation will be paid to Contractor. B. The Bidder shall state for each item on the Schedule of Bid Prices form, in clearly legible figures, the Base Bid, the alternates, and the unit price and item total or lump sum, as the case may be, for which he/she proposes to supply labor, materials, and equipment and to perform the Work. Bids must not contain any erasures, interlineations, strike-throughs or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure or correction the initials of the person(s) signing the Bid. If any Bid, or portion thereof, is determined by the City to be illegible, ambiguous or inconsistent, City may reject such a Bid as being non-responsive. C. In the case of a unit price item, the amount set forth, as the item total shall be the product of the estimated quantity times the unit price Bid. In the event of a discrepancy between the unit price Bid and the item total, the unit price shall prevail; however, if the unit price is ambiguous, unintelligible, or uncertain for Page 15 of 175 any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. D. All requested Alternates, if any, shall be Bid. See the Schedule of Bid Prices for more information and the list of Bid Alternates, if any. If no change in the Base Bid is required, enter “No Change.” 7. BID SECURITY A. Each Bid shall be accompanied by cash or a cashier’s check or a certified check, drawn on a responsible bank doing business in the United States payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as a principal and a California admitted surety company (as defined by California Code of Civil Procedure §§995.120 and 995.311) as surety (“Bid Security”). B. All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of “A:VII” or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. C. Bid Security shall be in an amount not less than 10% of the Base Bid. Any Bid submitted without Bid Security will be rejected as non-responsive. The Bid Security shall be given as a guarantee that the successful Bidder will execute the Contract and will provide the insurance, bonds and other required forms within fourteen (14) calendar days after award of the Contract. Bidders will be entitled to return of Bid Security except when a successful Bidder forfeits its Bid Security. A forfeit may occur, for example, if the successful Bidder withdraws its Bid prior to the expiration of ninety (90) calendar days after award of the Contract; attempts to withdraw its Bid when the requirements of Public Contract Code § 5101 et seq. are not met; or refuses or fails to execute the Contract and provide the required bonds, insurance or certificates within fourteen (14) calendar days after award of the Contract. In any one or more of these events, if City awards the Contract for the Work to the next lowest responsible Bidder, the amount of the original lowest Bidder’s security shall be applied to the Contract Price differential between the lowest Bid and the second lowest Bid. Any surplus will be returned to the original Page 16 of 175 lowest Bidder. If the City rejects all other Bids presented and re-advertises, the lowest Bidder’s Bid Security may be used to offset the City’s cost of re-advertising and receiving new Bids. In that case, the surplus if any, will be returned to the original lowest Bidder. D. The Bid Security shall be held for ninety (90) calendar days after the award of the Contract or until posting by the successful Bidder of the payment and performance bonds, proof of insurance, return of executed copies of the Contract and necessary certification(s), whichever first occurs, after which time the Bid Security will be returned to all Bidders. E. If a Bid Bond is to be submitted, Bidder shall use the form entitled "Bid Bond" contained in the Bidding Documents, which Bid Bond shall be properly executed and acknowledged by the Bidder and by a corporate surety authorized to transact such business in the State of California. F. Any alteration of said form of Bid Bond, or imperfection in the execution thereof, as herein required, will render it informal and may, at the option of the City, result in the rejection of the Bid under which the Bid Bond is submitted. 8. BIDDER'S AND SPECIALTY CONTRACTORS’ STATEMENTS OF QUALIFICATIONS A. Each Bidder shall be required to complete, execute and submit with its Bid, the form entitled "Bidder's Statement of Qualifications." Notwithstanding the provisions of Paragraph 22 herein, the Bidder’s Statement of Qualifications shall not be public records. All information required by a Bidder’s or Specialty Contractor Statement of Qualifications shall be completely and fully provided. If no information is to be filled in a blank space, then write "none." Any Bid not accompanied by a Bidder’s Statement of Qualifications form completed with all information required may render the Bid non-responsive. If the City determines that any information provided by a Bidder in the Bidder’s Statement of Qualifications is false or misleading, or is incomplete so as to be false or misleading, the City may reject the Bid submitted by such Bidder as being non- responsive. Page 17 of 175 B. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the contract documents. In selecting the lowest responsible Bidder, consideration will be given not only to the Bidder’s financial standing but also to the general competency of the Bidder for the performance of the work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public buildings for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder’s experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, and other factors which could affect the Bidder’s performance of the work. 9. DESIGNATION OF SUBCONTRACTORS A. Subcontractor Listing. On the Designation of Subcontractors form, the Bidder shall list each Subcontractor whom the Bidder must disclose under the Subletting and Subcontracting Fair Practice Act, Public Contract Code Section 4104. The Bidder shall provide: each Subcontractor’s name, the trade and type of work that the Subcontractor will perform, the location (address) of the Subcontractor’s place of business, each Subcontractor’s license number, and the dollar value of each Subcontractor’s labor or services. If additive Alternate Bid Items are included in the Bidding Documents, the Bidder shall identify each Subcontractor performing additive Alternate Bid Items, when such Work or the combination of base Contract Work and Alternate Work exceeds one-half of one percent of the total Bid Amount. B. Subcontractors’ Licenses. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor shall possess a current and active California Contractor’s license appropriate for the portion of the Work listed for such Subcontractor, and hold all specialty certifications required for such Work. C. Disqualification of a Subcontractor. The City has the right to review the suitability and qualifications of any Subcontractor proposed by the Bidder. As part of this review, the City may request a Bidder to submit additional information about one or more of the listed Subcontractors including, but not limited to a statement detailing the Subcontractor’s experience with pertinent information as to similar projects and other evidence of the Subcontractor’s qualifications. If requested, the Bidder shall provide the information to the City within the time specified in the City’s written request. After due investigation, if the City has a reasonable objection to any proposed Subcontractor, the City may, before giving the notice of award, require the apparent successful Bidder to submit an acceptable substitute. The City’s disqualification of a Subcontractor does not disqualify a Bidder. However, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor without an adjustment of the Bid Price. Page 18 of 175 D. Work of Subcontractors. The organization or arrangement of the Specifications and Drawings do not limit the extent of the Work for the Contract Documents. Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings and other Contract Documents to all persons or entities submitting sub- bids to the Bidder. The omission of any portion or item of Work from the Bid or from sub-bids, which is reasonably inferable from the Contract Documents, will not be a basis for adjustment of the Contract Price or the Contract Time. E. Ineligible Subcontractors. The successful Bidder is prohibited from performing Work on the Project with any Subcontractor who is ineligible to perform work on a public works project pursuant to California Labor Code Sections 1777.1 or 1777.7. In submitting its Bid, the Bidder certifies that it has investigated the eligibility of each and every listed Subcontractor and has determined that none is ineligible to perform work pursuant to the above code provisions. 10. CONTRACTOR’S AFFIDAVIT OF NON-COLLUSION An Affidavit of Non-Collusion in the form provided by the City shall be signed under penalty of perjury, certifying that the Bid is not the result of and has not been influenced by collusion. Bidder shall submit this form with its Bid. Any Bid made without such affidavit, or believed to be made in violation of the requirements set forth in the affidavit form, may be rejected. 11. INSURANCE REQUIREMENTS The Bidder shall submit to its insurance company or insurance agent the Insurance Requirements in this Specification and the Contract Documents. The insurance company’s underwriter or agent must complete the Insurance Requirements documentation which states that the insurer’s underwriter or agent will furnish the City with the required insurance documents within fourteen (14) days after the Bidder’s having been notified of the Contract’s award. The Bidder shall submit this form with its Bid. Any Bid made without this statement, or made with an incomplete statement, may be rejected. 12. EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK A. The Bidder shall examine carefully the site of the Work contemplated and the Drawings and Specifications. The submission of a Bid will be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of Work to be performed and materials to be furnished, the difficulties to be encountered, and to the requirements of the Drawings, Specifications, and other Contract Documents. The Bidder shall ascertain the locations of the existing utility services, and other underground facilities, and provide for carrying out its operations so as to cause the minimum possible inconvenience to the occupants of properties along any streets affected. All Work and costs involved in the safeguarding of the properties of others shall be at the expense of the Bidder to whom the Contract may be awarded. Page 19 of 175 B. The Bidder hereby certifies that it has examined the local conditions, has read each and every clause of the Contract Documents, and that it has included all costs necessary to complete the specified Work in its Bid prices, and the Bidder agrees that if it is awarded the Contract, it will make no claim against the City based upon ignorance of local conditions or misunderstanding of any of the provisions of the Contract. Should the conditions turn out otherwise than the Bidder anticipated, the Bidder agrees to assume all risks incident thereto. 13. PRICES AND PAYMENTS Approximate quantities listed in the Schedule of Bid Prices are estimates given for comparing Bids, and no claim shall be made against the City for excess or deficiency therein, actual or relative. Payment at the prices agreed upon will be in full for the completed Work and will cover materials, supplies, labor, tools, equipment, and all other expenditures incident to a satisfactory compliance with the Contract, subject to all applicable provisions in the Contract and General Conditions. 14. PERMIT FEES If provided in the General Conditions, Contractor shall be reimbursed for the actual direct cost of all Permit Fees, as defined in Paragraph 1.01 and addressed in 1.03 of the General Conditions. Bidder shall exclude the cost of Permit Fees from Bidder’s Base Bid sum; Base Bid sum shall include the cost of administration and coordination for all Governmental Approvals and Utility Fees. 15. SUBSTITUTIONS The specified equipment has been selected to meet specific dimensional, size requirements, and compatibility with future system automation. No substitutions will be accepted. 16. RETURN OF IMPROPER BIDS Bids submitted after the Bid Deadline are non-responsive and shall be returned to the Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted Page 20 of 175 Bids shall not be considered unless the Notice Inviting Bids expressly permits such means of transmittal. 17. WITHDRAWAL OF BIDS Bidder may withdraw its Bid either personally or by written request any time prior to the scheduled Bid Deadline by notice to the City’s Contact Person designated in the Notice Inviting Bids. If such notice is written, it shall be signed by the Bidder and shall be date- stamped and time-stamped by the City upon receipt. Withdrawn Bids may be resubmitted before the Bid Deadline provided that they are in full conformance with these Instructions to Bidders. Once submitted, all Bids are irrevocable, except as otherwise provided by law. Requests for withdrawal of Bids after the Bid Deadline shall be made only in accordance with California Public Contract Code § 5100, et seq. Bidder agrees by submitting a Bid that such Bid shall remain open, is irrevocable, and may not be modified, withdrawn, or cancelled for a period of ninety (90) days after award of the Contract. 18. OPENING AND EVALUATION OF BIDS A. Bid Opening and Tabulation. The Bids shall be opened and read in public after the Bid Deadline has expired at the time and location listed in the Notice Inviting Bids. A tabulation of all Bids received will be available for public inspection at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058 during regular business hours for a period of not less than thirty (30) calendar days following the Bid Deadline. The City reserves the right to accept or reject any or all Bids and be the sole judge regarding the suitability of the products, services or supplies offered; and/or to waive any irregularities or informalities in any Bids or in the bidding process. The City further reserves the right to purchase all or fewer than all items or quantities of each item listed in the Bidding Documents. The award of the Contract, if made by the City, shall be to the lowest responsive and responsible Bidder. If Bid Alternate Items are called for, the lowest Bid shall be determined according to Paragraph 20 below. B. Evaluation of Bids. 1. Mandatory Qualifications. A Bid shall be rejected as non-responsive if the Bidder fails to document in the Bid that Bidder meets the essential requirements for qualification described in the Notice Inviting Bids. As part of the Bidder’s Statement of Qualifications each Bidder must establish that it, as the current entity: (1) has successfully completed at least Three (3) similar projects involving similar work within the last Five (5) years with a cost equal to or in excess of the Bidder’s Bid; 2. Responsive Bid. A responsive Bid is a Bid which conforms, in all material respects, to the Bidding Requirements and Contract Documents. 3. Responsible Bidder. A responsible Bidder is a Bidder who has Page 21 of 175 demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the Contract Documents. 4. Competency of Bidders. In selecting the lowest responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of the Bidder for the performance of the Work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public works for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder’s experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, safety record and protocols and other factors which could affect the Bidder’s performance of the Work. 19. AWARD OF CONTRACT The City reserves the right to reject any or all Bids and to waive any or all information or technical defects, as the interest of the City may require. Award of Contract or rejection of Bids will be made by the City within ninety (90) calendar days following the Bid Opening. 20. BASIS OF AWARD A. A Contract will be awarded to the lowest responsive and responsible Bidder meeting all requirements set forth in these Bidding Documents. B. City reserves the right in its sole discretion to select any, all, or none of the Bid Alternates at the time of award of the Contract, regardless of whether such Bid Alternates were used in the analysis to determine the lowest Bid. 21. EXECUTION OF CONTRACT Within fourteen (14) calendar days after being notified by City that it has been awarded the Contract, Contractor shall deliver to the City the following documents: A. Two (2) copies of the Contract in the form included herein, properly executed by Contractor and, if Contractor is a corporation, evidence of its corporate existence and that the persons signing the Contract are authorized to do so. All signatures must be notarized. B. Properly executed copies of the (a) Performance Bond (b) Labor and Material (Payment) Bond and (c) Maintenance Bond in accordance with the requirements set forth in Article 13 of the General Conditions and in the form shown on Exhibits 1, 2 and 3 attached thereto. All signatures must be notarized. Page 22 of 175 C. Properly executed policies of all of the following: (a) the Commercial General Liability Insurance, (b) the Automotive Liability Insurance, and (c) Professional Liability, if required, and (e) the corresponding endorsements for each policy in accordance with the requirements set forth in Article 12 of the General Conditions. In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for the State of California, or on days when City Hall is closed, the aforesaid documents shall be delivered by the following working day. After receipt of said documents within said time period or any extension thereof granted by the City, the City shall execute the Contract and return one (1) of said two (2) copies to Contractor for its files. 22. PUBLIC RECORDS City seeks to conduct its business openly. Except as set forth in paragraph 8.A., upon opening, all Bids shall become a matter of public record and shall be regarded as public, with the exception of those elements of each Bid that are identified by the Bidder and plainly marked as “trade secret,” “confidential,” or “proprietary,” including any Statement of Qualifications and financial statements to be submitted by Bidders. Each element of a Bid which a Bidder desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents, or other, non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If City receives a request from a third party to make a Bid available for inspection and copying, the City will notify the Bidder of the request. If a Bidder instructs the City that the information is not to be released, City will withhold the information, provided, the Bidder expeditiously seeks a protective order from a court of competent jurisdiction to prevent such release. If disclosure is required under the California Public Records Act or otherwise by law (despite the Bidder’s request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof. Bidder shall indemnify, defend (including Bidder’s providing and paying for legal counsel for City), and hold harmless City, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, costs, or expenses arising out of or alleging City’s refusal to publicly disclose one or more records that Bidder identifies as protectable, or asserts is protectable. 23. PREVAILING WAGE RATES AND EMPLOYMENT OF APPRENTICES A. Prevailing Wage Rates. The Bidder and all Subcontractors shall utilize the relevant prevailing wage rate determinations in effect on the first advertisement date of the Notice Calling for Bids in preparing the Bid Proposal and all component price quotations, provided, however, that when Davis Bacon wage rates apply, such rates are subject to increase by written notice, issued by Addendum not less than 10 Page 23 of 175 calendar days before the Bid Deadline. Pursuant to California Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California and the United States Secretary of Labor have determined the general prevailing wage rates in the locality in which the Work is to be performed. Said rate schedules are available on the Internet at www.dir.ca.gov/DLSR/PWD/. The wage rate for any classification not listed, but which may be required to execute the Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. To comply with California Labor Code Section 1773.2, Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall also comply with the requirements of California Labor Code Sections 1773 et seq. B. Apprenticeship Committee Contract Award Information. Pursuant to California Labor Code § 1777.5 and Title 8 of the California Code of Regulations § 230, Contractor and Subcontractors of any tier who are not already approved to train by an apprenticeship program sponsor shall, within ten (10) calendar days of signing C. the Contract or subcontract, as applicable, but in any event prior to the first day in which Contractor or Subcontractor has workers employed on the Project, submit the Public Works Contract Award Information form (DAS Form 140) to the appropriate local apprenticeship committees whose geographic area of operation include the area of the Project and who can supply apprentices to the Project. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. 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) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. E. Notice to Subcontractors. Bidders shall notify all potential Subcontractors submitting price quotations for portions of the Work of the requirements concerning payment of prevailing wage rates, payroll records, hours of Work, and employment of apprentices. Page 24 of 175 24. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR. 25. SPECIAL CITY REQUIREMENTS Special City forms and their instructions are an integral part of these specifications and failure to submit same may be grounds, in the sole discretion of the City, for rejection of any Bidder. A. Prevailing Wage Where Applicable. Upon request, certified payroll documents shall be provided to the City. B. Equal Employment Opportunity in Contracting. The City of Vernon is committed to a policy of equal opportunity in contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. Contractors expressly agree to comply with the City's ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting the Contract. Contractor certifies and represents that during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their age not discriminated against because of their race, religion, religious belief, color, national origin, citizenship, ancestry, disability, sex, age, medical condition, pregnancy, sexual orientation or marital status. Contractor certifies that it will not maintain any segregated facilities. Contractor shall comply with all applicable Federal and California laws including, but not limited to, the California Fair Employment and Housing Act (California Government Code Section 12900, et seq.), California Labor Code Section 1735, and The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). Contractor shall require like compliance by all Subcontractors employed on the Work. Page 25 of 175 26. BID PROTEST PROCEDURES A. Any Bidder submitting a Bid directly to the City and eligible for award of the Contract may file a protest if the Bidder complies with all of the following requirements and conditions: 1. The Bid protest is in writing; 2. A protest based upon alleged defects or improprieties in the Contract Documents is filed with the City prior to the Bid Deadline; 3. All other protests are to be filed and received by the City no more than five (5) calendar days following the City’s notice of intent to award the Contract; and 4. The written Bid protest sets forth, in detail, all grounds for the Bid protest, including without limitation: all facts, supporting documentation, legal authorities, and argument in support of the grounds for the Bid protest. All factual contentions must be supported by competent, admissible, and credible evidence. B. Any matters not set forth in the written Bid protest will be deemed waived. Any Bid protest not conforming to the foregoing requirements and conditions will be rejected by the City as invalid. C. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder’s submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal, state, and local laws. [END OF DOCUMENT] City Council Agenda Item Report Agenda Item No. COV-769-2021 Submitted by: Daniel Wall Submitting Department: Public Works Meeting Date: September 21, 2021 SUBJECT Amendment to Vernon Municipal Code Chapter 22 to Regulate Sidewalk Vendors Recommendation: A. Find that the proposed action is categorically exempt under the California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15061(b)(3), because there is no possibility that regulation of sidewalk vending will have a significant effect on the environment; B. Waive full reading and introduce and conduct first reading of Ordinance No. 1276 adding Article X to Chapter 22 of the Municipal Code regulating sidewalk vending; and C. Direct staff to schedule second reading and adoption for the October 5, 2021 City Council meeting. Background: Sidewalk vending promotes entrepreneurship and can provide a vibrant street scene. In order to protect the health, safety and welfare of the public, sidewalk vending must be regulated. On September 17, 2018, Senate Bill No. 946 (SB 946) was signed into law. SB 946 decriminalizes sidewalk vending and limits local regulations to those expressly provided for in the bill, or are otherwise “directly related to objective health, safety, or welfare concerns”. The Vernon Municipal Code (VMC) does not currently address or regulate sidewalk vending operations and, therefore, staff is recommending that City Council consider adoption of Ordinance No. 1276, adding Article X to Chapter 22 of the VMC. This ordinance, in conformance with State law, creates a permit system and general regulations that sidewalk vendors must follow. Some of the regulations include: *Maintaining unobstructed sidewalks, pathways, streets, and alleys; *Limiting sidewalk vendors’ hours of operation within areas adjacent to residential zones, and prohibiting stationary sidewalk vending in areas zoned exclusively residential to protect the safety of vendors and residents, and to promote the welfare of residents by prohibiting commercial activities and associated noise and traffic during hours and in zones wherein residents can and should expect peace and quiet; *Limiting sidewalk vendors’ hours of operation and prohibiting the operation of any sidewalk vendor who is a state-registered sex offender within 500 feet of schools to protect the health and safety of children, including but not limited to the danger that could be caused by sidewalk congestion when school children are arriving or leaving in large numbers; *Requiring every sidewalk vendor to adhere to the provisions of California Health and Safety Code, Division 104 (Environmental Health), Part 7 (California Retail Food Code) to prevent food-borne illness and protect the health and safety of the public; *Preventing the sale of alcohol, cannabis, tobacco products, any product containing nicotine, adult-oriented materials, or any products used to smoke/vape cannabis or nicotine to protect the health and safety of the public and to ensure that minors do not gain illegal access to these products; *Requiring insurance to protect the health and safety of the public and the sidewalk vendors from bodily and property damage resulting from sidewalk vendors' activities, and to protect the City against claims arising during the vendors’ and patrons’ uses of City property for their commercial activity (similar to the insurance required for right-of-way encroachment permits). The regulations in the Ordinance allow sidewalk vendors to operate in the City while protecting the health, safety, and welfare of vendors, their prospective patrons, pedestrians, those protected by the Americans with Disabilities Act, and the public at large. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Ordinance No. 1276 ORDINANCE NO. 1276 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, ADDING ARTICLE X TO CHAPTER 22 OF THE VERNON MUNICIPAL CODE REGARDING SIDEWALK VENDORS SECTION 1. Recitals. A.On September 17, 2018, Senate Bill No. 946 (SB 946) was signed into law, adding sections 51036-51039 to the California Government Code. B.SB 946 decriminalizes sidewalk vending and limits local regulations to those expressly provided for in the bill or are otherwise “directly related to objective health, safety, or welfare concerns”. C.SB 946 only applies to sidewalk vending in public rights-of-way, and private rights- of-way are still subject to private and local control. D.The Vernon Municipal Code does not currently address or regulate sidewalk vending operations. E.The City desires to adopt a sidewalk vending ordinance setting forth operational requirements for sidewalk vending within the City to ensure compliance with state law and to protect the health, safety, and welfare of the public. 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. The City Council hereby finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”), in accordance with CEQA Guidelines § 15061(b)(3), because there is no possibility that regulation of sidewalk vending will have a significant effect on the environment. SECTION 4. The City Council hereby finds that this Ordinance is adopted consistent with the authority under SB 946 to regulate the time, place and manner of sidewalk vending operations in the City’s jurisdiction, in the interest of promoting public health, safety and welfare. SECTION 5. The City Council further finds that such restrictions on street vending are necessary to: 1.Prevent interference with public safety personnel in the performance of their duties. Ordinance No. 1276 Page 2 of 9 _______________________ 2.Maintain unobstructed sidewalks, pathways, streets, alleys, etc., to allow pedestrians and vehicular traffic, including ingress and egress from any building, place or business, from street to sidewalk, or by persons exiting or entering parked or standing vehicles, particularly for individuals with disabilities. 3.Allow continued public access, use, and maintenance of public facilities, including but not limited to paths, sidewalks, traffic signs/signals, fire hydrants, and public transportation services. 4.Limit sidewalk vendors’ hours of operation within areas adjacent to residential zones, and prohibit stationary sidewalk vending in areas zoned exclusively residential, to protect the safety of vendors and residents and to promote the welfare of residents by prohibiting commercial activities and associated noise and traffic during hours and in zones wherein residents can and should expect peace and quiet. 5.Limit sidewalk vendors’ hours of operation and prohibit the operation of any sidewalk vendor who is a state-registered sex offender within 500 feet of schools to protect the health and safety of children, including but not limited to the danger that could be caused by sidewalk congestion when school children are arriving or leaving in large numbers. 6.To prevent food-borne illness and protect the health and safety of the public, every sidewalk vendor is required to adhere to the provisions of California Health and Safety Code, Division 104 (Environmental Health), Part 7 (California Retail Food Code). 7.Prevent sidewalk vendors from selling alcohol, cannabis, tobacco products, any product containing nicotine, adult-oriented materials, or any products used to smoke/vape cannabis or nicotine to protect the health and safety of the public to ensure that minors do not gain illegal access to these products. 8.Require sidewalk vendors to obtain insurance to protect the health and safety of the public and employees of sidewalk vendors, because insurance would help ensure a source of funding for bodily and property damage resulting from sidewalk vendors' activities. Further, compelling sidewalk vendors to provide liability insurance with the City named an as additional insured with respect to liability arising out of a vendor's use of City property is necessary to protect the City against claims for bodily injury and property damage arising during the vendors’ and patrons’ uses of City property for their commercial activity. 9.As to all other regulations set forth in the Ordinance, they are directly related to objective health, safety, and welfare concerns, including but not limited to the health, safety and welfare of vendors, their prospective patrons, pedestrians, those protected by the Americans with Disabilities Act, those operating motor Ordinance No. 1276 Page 3 of 9 _______________________ vehicles at intersections and in rights-of-way adjacent to sidewalks, and the public at large. SECTION 6. Article X of Chapter 22, is hereby added to the Vernon Municipal Code, as follows: Chapter 22 Streets and Sidewalks Article X. Sidewalk Vending Table of Contents 22.200 Purpose. 22.210 Definitions. 22.220 Sidewalk vending permits. 22.230 General regulations. 22.240 Location-specific regulations. 22.250 Violation-Penalty. 22.260 Ability-to-pay determination. 22.270 Removal or disposal of seized property. 22.280 Revocation of permit. Section 22.200. Purpose. Sidewalk vending promotes entrepreneurship and can provide a vibrant street scene. The procedures and standards in this article are intended to provide an orderly framework allowing street vending while protecting the health and wellbeing of the public. Section 22.210. Definitions. As used in this article, the following meanings shall apply: "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction. "Sidewalk vending receptacle" means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance. Ordinance No. 1276 Page 4 of 9 _______________________ "Sidewalk vendor" means a person who sells food or merchandise from a sidewalk vending receptacle, or from one's person, upon a public sidewalk or other pedestrian path. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location. Section 22.220. Sidewalk vending permits. (a) Only sidewalk vendors with valid sidewalk vending permits issued by the Public Works Director may vend upon the city's public streets or right-of-ways. (b) A sidewalk vending permit shall be valid for a period of one (1) year from the date of issuance, unless sooner revoked as set forth in this article. (c) To apply for a sidewalk vending permit, the applicant must provide: 1.A completed application form containing: (i)Their name and mailing address; (ii) Description of the merchandise offered for sale or exchange; (iii) If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal and any owners of the company, partnership, or corporation; (iv) Certification that the information is true to his or her knowledge and belief; and (v) Provide proof of liability insurance as required by, and in a form acceptable to, the Finance Department. 2.A copy of a California's driver's license or identification card, an individual taxpayer identification number, or a Social Security number. Such information is not a public record and will remain confidential as required by Government Code section 51038(c)(4). 3.A copy of a valid California Department of Tax and Fee Administration seller's permit, as required. 4.A copy of a valid mobile food permit issued by the City of Vernon Health and Environmental Control Department, as required. Ordinance No. 1276 Page 5 of 9 _______________________ 5.A statement indicating whether the sidewalk vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor and, if roaming, the intended method and path of travel. (d) To ensure the safety of residents and the merchantability of products sold by vendors without a fixed place of business, the city requires all sidewalk vending applicants to undergo a fingerprinting background check and to submit the results to the City as an attachment to their application. (e) The sidewalk vending permit application shall require the applicant to agree, in writing, to comply with all the provisions of this article and all applicable provisions of the Vernon Municipal Code. Section 22.230. General regulations. (a) To maintain accessibility standards for the disabled, every sidewalk vendor operating on any public street or right-of-way must ensure that no obstruction is placed in the public street or right-of-way that would reduce the width of the public street or right- of-way to less than forty-eight (48) inches, exclusive of the top of the curb. No obstruction shall be located in a public street or right-of-way less than six (6) feet in width when the sidewalk is adjacent to the curb. (b) To prevent food-borne illness and protect the health and safety of the City's residents, every sidewalk vendor selling any food or beverage is required to adhere to the provisions of California Health and Safety Code, Division 104 (Environmental Health), Part 7 (California Retail Food Code). (c) A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of the public street or right-of-way. (d) No equipment or objects used for sidewalk vending purposes may be left unattended in public spaces or in any portion of the public street or right-of-way from 10:00 p.m. to 6:00 a.m. Any equipment or objects left overnight in public spaces or in any portion of the public street or right-of-way will be considered discarded and may be seized or disposed of by the City in accordance with this article. (e) To facilitate the enforcement of this article, every sidewalk vendor must display their city-issued sidewalk vending permit on the street-side portion of their sidewalk vending receptacle when operating in the public street or right-of-way. (f)To preserve accessibility to private and public facilities, a sidewalk vendor operating on any public street or right-of-way must ensure that no obstruction is placed impeding entry to and exit from a business or residence or access to a public facility. (g) A sidewalk vendor shall not engage in the selling of alcohol, cannabis, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine Ordinance No. 1276 Page 6 of 9 _______________________ or cannabis, or adult-oriented material depicting, describing or relating to sexual activities. (h) A sidewalk vendor must carry a waste disposal bag or container to permit the disposal of trash, food, or liquids. (i)No sidewalk vending receptacle shall contain or use propane, natural gas, or other explosive or hazardous materials. A sidewalk vendor may not use an open flame on or within any sidewalk vending receptacle. (j)Sidewalk vending receptacles shall not touch, lean against, or be affixed at any time to any building or structure including, but not limited to lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers. (k) The City Administrator or designee may adopt administrative regulations imposing additional requirements consistent with this article and all other applicable laws in order to regulate the time, place, and manner of vending. Section 22.240. Location-specific regulations. (a) Sidewalk vending hours' limitations in areas zoned for nonresidential use will be as restrictive as any limitations on hours of operation imposed on other businesses or uses on the same street, excluding those permitted to operate twenty-four (24) hours. (b) Sidewalk vending, adjacent to residential uses, is limited to the hours of 9:00 a.m. through 5:00 p.m. (c) Stationary sidewalk vendors are prohibited from operating within areas that are zoned exclusively residential. (d) A sidewalk vendor is prohibited from operating within five hundred (500) feet of any area subject to a temporary use permit or a special event permit for the duration of the temporary use or special event permit. (e) To limit traffic congestion and protect the safety of children traveling to and from and in and around schools from potential adverse safety impacts due, in part, to sidewalk congestion, no sidewalk vendor is permitted to operate within five hundred (500) feet of a public or private school during the period extending of one (1) hour before the start of classes and one (1) hour after the end of classes. (f)To limit traffic congestion and protect the safety of transit riders from potential adverse safety impacts due, in part to sidewalk congestion, no sidewalk vendor is permitted to operate within five hundred feet of a transit stop. Ordinance No. 1276 Page 7 of 9 _______________________ (g) To protect the health and safety of school children, no state-registered sex offender may operate as a sidewalk vendor within five hundred (500) feet of a public or private school at any time. Section 22.250. Violation-Penalty. (a) Any violation for failure to obtain a permit as mandated by this article is punishable by an administrative fine not to exceed: 1.Two hundred fifty dollars ($250.00) for a first violation; or 2.Five hundred dollars ($500.00) for a second violation within one (1) year of the first violation; or 3.One thousand dollars ($1,000.00) for each additional violation within one (1) year of the first violation. (b) Any violation of any other provision of this article is punishable by an administrative fine not to exceed: 1.One hundred dollars ($100.00) for a first violation; or 2.Two hundred dollars ($200.00) for a second violation within one (1) year of the first violation; or 3.Five hundred dollars ($500.00) for each additional violation within one (1) year of the first violation. 4.The Public Works Director may rescind a sidewalk vendor permit for the remaining term of the permit upon a fourth or subsequent violation of this article. (c) Failure to pay an administrative fine is not punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed. However, the City may levy a lien on the violator's real or personal property, including the receptacle used for vending purposes, in accordance with applicable law. (d) An administrative violation under this section constitutes a separate and distinct violation for each day that it exists and each such violation may be subject to the maximum fine permitted under this section. Section 22.260. Ability-to-pay determination. (a) Any fine issued under Section 22.240 will be accompanied with a notice of and instruction regarding the right to request an ability-to-pay determination. Ordinance No. 1276 Page 8 of 9 _______________________ (b) If the requestor is receiving public benefits under Government Code section 68632, subdivision (a), or has a monthly income which is one hundred twenty-five (125) percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the Public Works Director will limit the total amount of the requestor's administrative fine to twenty percent (20%) of the total. Section 22.270. Removal or disposal of seized property. The City may dispose of the sidewalk vending receptacle (including any associated merchandise, food, equipment, or objects) if not claimed within 30 days of removal by City, or if an administrative appeal is filed related to the removal, then after the final decision in the administrative appeal. Section 22.280. Revocation of permit. A sidewalk vending permit may be revoked pursuant to the revocation procedures, as applicable, set forth in Section 5.68 of this Code. SECTION 7. 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, is repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 8. 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. SECTION 9. The City Clerk shall certify the adoption and publish this Ordinance as required by law. / / / / / / / / / Ordinance No. 1276 Page 9 of 9 _______________________ SECTION 10. This Ordinance shall become effective after the thirtieth day following its adoption. APPROVED AND ADOPTED this __ day of _____, 2021. _____________________________ MELISSA YBARRA, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: ___________________________ ZAYNAH N. MOUSSA, Interim City Attorney City Council Agenda Item Report Agenda Item No. COV-786-2021 Submitted by: Adriana Ramos Submitting Department: Public Utilities Meeting Date: September 21, 2021 SUBJECT Services Agreement with Port Canaveral Power Consultants, Inc., for Technical Consulting Services Regarding Electrical Generation Recommendation: Approve and authorize the City Administrator to execute a Services Agreement with Port Canaveral Power Consultants, Inc. (Port Canaveral), in substantially the same form as submitted, for a three-year term in an amount not-to-exceed $786,000 effective September 21, 2021, to provide technical advice and recommendations for all matters involving and related to electrical generation. Background: The City’s Public Utilities Department (Vernon Public Utilities or VPU), serves as an essential resource to the City's business community, providing dependable, high-quality utility services at very competitive rates. Recognizing the Utility’s ability to attract new businesses to the City largely depends on providing a competitive advantage to its customers, VPU has made it its mission to provide “the lowest rates in California by 2030.” En route to accomplishing this goal, VPU continues to face a range of challenges including the need to address its aging infrastructure, capacity payment commitment pursuant to the Power Purchase and Tolling Agreement (PPTA) with Bicent, required transition to renewable energy, and an evolving regulatory environment. As such, VPU requires the services of a technical consultant that can assess and address technical aspects of electrical generation matters affecting the Utility as VPU continues to evaluate improvements to its operations, infrastructure and costs. On May 18, 2021, VPU requested approval of an agreement with Port Canaveral to provide the much-needed technical advice and recommendations for all matters involving and related to electrical generation. At the time, City staff requested that the City Council exempt the agreement from competitive selection requirements based on the firm’s expertise specifically as related to Vernon. In their discussion of the proposed agreement at the time, the City Council expressed concerns with potential travel costs incurred when utilizing an out-of-state vendor, being dependent on a sole individual, and obtaining a competitive rate for services. Ultimately, the City Council extended Port Canaveral’s existing agreement for a period of four (4) months and requested that VPU complete a competitive Request for Proposal (RFP) process. Accordingly, on August 3, 2021, the City Administrator authorized issuance of an RFP to seek proposals from contractors to provide Technical Consulting Services Regarding Electrical Generation. The RFP notification was posted on the City’s website and Planet Bids. Furthermore, pursuant to Vernon Municipal Code (VMC) Section 2.17.15, copies of the RFP were sent directly to at least five firms likely to qualify to submit a proposal. Following these outreach efforts, three (3) proposals were received by the August 17, 2021 deadline. Proposals were reviewed from the following firms: • Borrelli and Associates, Inc. • Commonwealth Associates, Inc. • Port Canaveral Power Consultants, Inc. Each proposal was thoroughly examined by a panel in which an evaluation of each proposal was made based on experience, work plan, references and cost. The proposal submitted by Port Canaveral ranked the highest and is therefore deemed the best contractor to provide the desired services to VPU. Although Borrelli and Associates, Inc. is a California entity, they do not possess the related experience necessary. Commonwealth Associates, Inc., also an out-of-state entity, was qualified, but did not address in their proposal the ongoing need for technical advice and support in understanding and evaluating matters pertaining to Malburg Generation Station (MGS) operations and maintenance costs, billing, and options and, consequently, their cost could not be accurately compared to the other proposals. Based on the results of the RFP evaluations, staff recommends that Council approve the proposed Services Agreement with Port Canaveral for a three-year term. Port Canaveral is a consulting firm with over 45 years of technical consulting experience in the electrical generation field, particularly with over 16 years of vast knowledge of the MGS. Port Canaveral has demonstrated expertise in the Engineering Procurement Construction companies and/or energy companies in a project engineering/project management position. In addition, Port Canaveral has experience with Original Equipment Manufacturer (OEM) emissions criteria and guarantee measurement and compliance. Port Canaveral’s understanding of the MGS will be of great value to future generation upgrades/changes. Port Canaveral is distinctly qualified to provide consulting services, technical advice, and recommendations for all matters pertaining to electrical generation. The scope of work for the proposed agreement with Port Canaveral consists of the following: • Expert technical advice and support in understanding and evaluating matters pertaining to MGS operations and maintenance costs, billing and options. • Consultation, evaluation, advice and support on various models pertaining to any modifications of MGS and consideration/evaluation of other forms of generation including continued Combined Cycle Operation, Simple Cycle operation using existing Combustion Turbines, purchase and installation of a new "state of the art" Simple Cycle technology, renewable forms of generation or storage technology or potential moth-balling of the power plant. • Assist with evaluation and recommendations on various economic models, including cash flow scenarios pertaining to purchase scenarios of MGS. • Support in studies with outside legal firms, bond counsel and various original equipment manufacturers, including Siemens and General Electric. • Technical support in the interface with the Owner representatives of MGS. • Technical expertise and assistance in analyzing purchases and procurement of equipment or materials related to generation of electricity, including review and development of site plans. • Review and analysis of electrical energy, emissions and output data to determine feasibility, permitting requirements standards and limits and the best available control technologies. • Assistance in ensuring that power plant operations meet and comply with contractual obligations, technical requirements and operating ranges, including the monitoring of performance testing. • Support and expert technical expertise in the development of documents, reports, proposals and technical specifications. • Assist with project development and coordination related to electrical generation, environmental consulting and compliance, studies, permitting, data collection, analysis and reporting. • Technical advice on any other electrical generation matters as requested by the City. The proposed Services Agreement has been reviewed and approved as to form by the City Attorney’s office. Fiscal Impact: Based on the scope of work and the proposed terms, the fiscal impact to the City is projected to be $262,000 per year and will not exceed $786,000 over a three-year term. Services will be billed monthly and total cost will be based on the number of actual hours worked. Attachments: 1. Services Agreement with Port Canaveral Power Consultants Inc. Page 1 of 18 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND PORT CANAVERAL POWER CONSULTANTS, INC., FOR TECHNICAL CONSULTING SERVICES REGARDING ELECTRICAL GENERATION COVER PAGE Contractor: Port Canaveral Power Consultants, Inc. Responsible Principal of Contractor: Peter V. Hervish, President Notice Information - Contractor: Port Canaveral Power Consultants, Inc. 9160 Spring Time Drive Vero Beach, FL 32963 Attention: Peter V. Hervish, President Phone: (772) 538-7578 Email: phervish@gmail.com Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Carlos R. Fandino Jr., City Administrator Telephone: (323) 583-8811 ext. 228 Commencement Date: September 21, 2021 Termination Date: September 20, 2024 Consideration: Total not to exceed $ 786,000.00 (includes all applicable sales tax); and more particularly described in Exhibit B Records Retention Period Three (3) years, pursuant to Section 11.20 Page 2 of 18 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND PORT CANAVERAL POWER CONSULTANTS, INC., FOR TECHNICAL CONSULTING SERVICES REGARDING ELECTRICAL GENERATION This Agreement is made between the City of Vernon ("City"), a California charter City and California municipal corporation (“City”), and Port Canaveral Power Consultants, Inc., a Florida 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 September 21, 2021. 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 August 3, 2021, and titled Technical Consulting Services Regarding Electrical Generation, and Contractor's proposal to the City ("Proposal") dated August 11, 2021, Exhibit “A”, a copy which is attached to and incorporated into this Agreement 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 Agreement. 3.2 Contractor shall not subcontract any services to be performed by it under this Agreement without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 4.0 TERM. The term of this Agreement shall commence on September 21, 2021, and shall continue until September 20, 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 Page 3 of 18 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 Agreement, shall not exceed $786,000.00 without the prior authorization of the City, as appropriate, and written amendment of this Agreement. 5.3 Subject to the Travel Expense Reimbursement Rider attached hereto as Exhibit “D” and incorporated herein by reference, 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 Agreement. Materials shall be of the highest quality. The above Agreement fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 5.4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor: 5.4.1 The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. 5.4.2 Approved reproduction charges. 5.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 5.4.4 Travel-related expenses incurred and approved pursuant to the Travel Expense Reimbursement Rider attached hereto as Exhibit “D” and incorporated herein by reference. 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. Page 4 of 18 5.6 Licenses, Permits, Fees, and Assessments. Contractor shall obtain, at Contractor’s sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the Services by this Agreement. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month. 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 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 Page 5 of 18 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 Agreement, including any extensions thereto. The policies shall state that they afford primary coverage. i. Automobile Liability with minimum limits of at least $1,000,000 combined single limit, including owned, hired, and non-owned liability coverage. 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 Agreement. (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, Page 6 of 18 injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services. iv. Professional Errors and Omissions coverage in a sum of at least $1,000,000, where such risk is applicable. Applicable aggregates must be identified and claims history provided to determine amounts remaining under the aggregate. Contractor shall maintain such 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 Agreement; or (3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Agreement. vi. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. vii. Insurance shall be placed with insurers with a Best's rating of no less than A-VIII. viii. Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. ix. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Agreement until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection Page 7 of 18 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 Agreement and seek damages from the Agreement resulting from said breach; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from 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 Agreement, or any applicable statute, rule, or regulation. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. City assumes no liability for Contractor’s actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, subcontractors and independent contractors, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 11.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 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 Page 8 of 18 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 Agreement. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 11.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy, or incompleteness. 11.5 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 11.6 WAIVER. The City's waiver of any term, condition, breach, or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 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 executed by a duly authorized representative of the party against whom enforcement of a waiver is sought. 11.7 SUCCESSORS. This Agreement 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 Agreement 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 Agreement. No assignment shall release the original parties from their obligations or otherwise constitute a novation. Page 9 of 18 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. Violation of any law material to performance of this Agreement shall entitle the City to terminate the Agreement and otherwise pursue its remedies. Further, if the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations Contractor shall be solely responsible for all costs arising therefrom. 11.10 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled. 11.11 INTERPRETATION. 11.11.1 Applicable Law. This Agreement shall be deemed an agreement 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 Agreement, 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 Agreement may only be changed by written amendment executed 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 Agreement shall be of no force or effect. 11.11.4 Severability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement. 11.11.5 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise Page 10 of 18 incorporated by reference, the terms of this Agreement shall strictly prevail. The terms of the City’s Request for Proposals shall control over the Contractor’s Proposal. 11.11.6 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 agreement 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 Agreement, and its execution of this Agreement 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 Agreement, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 11.15 NOTICES. Any notice or demand to be given by one party to the other must be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City: City of Vernon Attention: Carlos R. Fandino, Jr., City Administrator 4305 Santa Fe Avenue Vernon, CA 90058 If to the Contractor: Port Canaveral Power Consultants, Inc. Attention: Peter V. Hervish, President 9160 Spring Time Drive Vero Beach, FL 32963 Page 11 of 18 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 or Contractor may terminate this Agreement 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 Agreement 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 Agreement by written notice to the defaulting party. The notice shall specify the basis for the default. The Agreement shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. In case of default by Contractor, the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional costs incurred due to delay or default as a result of Force Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Agreement as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Agreement. 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 Agreement, 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 Page 12 of 18 for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. If this Agreement is terminated as provided herein, City may require, at no additional cost to City, that Contractor provide all finished or unfinished documents, data, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 11.19.1 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 11.20 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Agreement and/or is paying only the amounts to which Contractor is properly entitled under the Agreement or for other purposes relating to the Agreement. The Contractor shall maintain and preserve all such records for a period of at least three (3) years after termination of the Agreement. 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 Page 13 of 18 Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week , shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1½ times the basic rate of pay. 11.24 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Agreement, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit “C”. [Signatures Begin on Next Page]. Page 14 of 18 IN WITNESS WHEREOF, the Parties have executed 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 R. Fandino Jr., City Administrator Port Canaveral Power Consultants, Inc., a Florida corporation By: Name: Title: ATTEST: _______________________________ Lisa Pope, City Clerk By: Name: Title: APPROVED AS TO FORM: _______________________________ Zaynah N. Moussa, Interim City Attorney Page 15 of 18 EXHIBIT A CONTRACTOR'S PROPOSAL 1 Cover Letter August 11, 2021 Technical Consulting Services Regarding Electrical Generation Proposal by Port Canaveral Power Consultants, Inc. To: Abraham Alemu, General Manager at VPU Sir, please attached my proposal for the position “Technical Consulting Services- Electrical Generation” that is currently open and being bid upon. This proposal shall be valid for a period of (ninety) 90 days from the date of submittal. Please note that due to NDA restrictions I am held to by the City I cannot discuss certain details including a several items for a work plan for MGS. I note 8. CONDITIONS FOR RESPONSES TO RFP item “H” that upon my submittal the documents become public record. Please refer any questions during your evaluation to: Peter Vernon Hervish, President Port Canaveral Power Consultants, Inc. 9160 Spring Time Drive Vero Beach, Florida 32963 Telephone: (772) 538-7578 Very Sincerely, Peter Vernon Hervish 2 City of Vernon Request for Proposals (RFP) Technical Consulting Services Regarding Electrical Generation Proposal by Port Canaveral Power Consultants, Inc. I-Introduction: VPU continues to face a range of challenges including the need to address aging infrastructure, capacity payment commitments pursuant to a Power Purchase and Tolling Agreement (PPTA) with Bicent (owner of MGS), mandated transition to renewable energy, and an ever-evolving regulatory environment. As such, VPU requires the services of a technical consultant that can evaluate and address technical aspects of electrical generation matters affecting VPU as it continues to study potential improvements to its operations, infrastructure, and overall costs. Port Canaveral Power Consultants, Inc (PCPC) has that extensive experience for over 16 years with the City’s electrical generation equipment, including working with the former City of Vernon Department of Light and Power and the current Vernon Public Utilities Department since 2005 and continuing into September 2021. This includes all matters pertaining to MGS, new state of the art fast starts simple cycle studies and renewable energy development projects, including wind and solar, in support of the Director of L&P and the General Manager of VPU. I understand that with my experience with the City and the generation upgrades and other matters within my knowledge that I can provide the deliverables within your required time frame and budget. II-General Scope of Work including work plan as applicable: • Expert technical advice and support in understanding and evaluating matters pertaining to MGS operations including maintenance costs, billing and options. PCPC beginning in April 2005 as the MGS Technical Services Manager for the City, has supported the City Directorship on all matters starting with the 2001 MGS contractual guarantees and performance requirements from the original contract with Alstom, followed by the LTSA with Siemens in 2007, the PSA to Bicent in 2008, O&M procedures, Settlement Agreements, PPTA Amendments continuing into August 2021. This includes the obligatory performance calculations contained in the PPTA in the sale to Bicent and the first excel spreadsheets used through today for invoicing purposes in accordance with all the PPTA provisions signed on April 10, 2008. 3 • Consultation, evaluation, advice and support on various models pertaining to any modifications of MGS and consideration/evaluation of other forms of generation including continued Combined Cycle Operation, Simple Cycle operation using existing Combustion Turbines, purchase and installation of a new "state of the art" Simple Cycle technology, renewable forms of generation or storage technology or potential mothballing of the power plant. Peter Hervish the President of PCPC has over 45+ years in the energy industry with EPC firms Fluor Engineers and Constructors and Foster Wheeler Energy Corporation; and the OEM’s Foster Wheeler Boilers, fired heaters and HRSG’s, Westinghouse Electric Power Generation, GE Energy, Alstom Gas Turbines, Rolls Royce Gas Turbines, Stewart and Stevenson Gas turbines and Siemens/Westinghouse Energy. This experience includes during 1996 to 1999 in Cali, Colombia combining a Combined Cycle Westinghouse W-501F 1x1 combustion turbine to operate as combined cycle or simple cycle using a diverter gate in the hot gas exhaust path using two stacks. One stack is located between the CT exhaust “#2 Diamond” below and the HRSG and the second stack as we have at MGS downstream of the HRSG where it exhausts to the atmosphere “#3 Diamond” below. When the plant is operated in combined cycle the diverter gate between the CT and HRSG “#2 Diamond” is in the open position. See the diagram below for the diamond locations. In the case of MGS, a flexible design like the one I managed for Westinghouse in Colombia could be utilized and MGS would be able to operate flexibly in simple or combined cycle mode. There are a minimum of at least 3 modes for the current MGS HRSG’s. The diagram below is the current MGS combined cycle configuration. Mode 1- The CO and SCR catalysts used for Combined Cycle could remain for the for combined cycle base load condition and the Air Permit with SCAQMD should stand as is. A diverter gate would be placed # 2 Diamond and a new stack added before the gate. If the plant is operated in simple cycle mode, the gate is closed, and exhaust exits before the HRSG. The HRSG stays cold and dry. Mode 2- If VPU decides that a combined cycle operation is not in its future, but the SCAQMD air permit will remain then a study would remove those dry tube bundles whereby the metallurgy will not withstand the CT exhaust temperature of approximately 1024 degrees F 4 but may withstand a temperature of less than 400 degrees F. The current exhaust temperature is 233 degrees F. In all cases the design would prevent any exhaust gas from reaching within 20 degrees above its dew point at any location prior to the existing HRSG exhaust outlet. The CO and SCR catalysts would remain in place. Duct firing would be used to “condition” the catalyst for activity. Mode 3- A third case could remove all the internals of the HRSG and divert the exhaust through the existing stack or a new stack at the point “#3 Diamond”. The new stack at # 2 Diamond would not be required. This would require a modified Air permit with the SCAQMD with the operating plant exhausting emissions below the current species thresholds. However, Jacob Engineering could for example provide an operating schedule for the simple cycle MGS a new GE LM 2500 to stay within the current SCAQMD Permit caps and no modification to the SCAQMD Permit would be required. PCPC has worked on several “state of the art” GE simple cycle fast start designs including LM6000, LM2500 with the consideration of the impacts of combining emissions from such an MGS Peaker described in Mode 3 with the current MGS permit. If VPU were to decide to eliminate the MGS SCR and CO catalyst in the HRSG for the current mode of 3 above GE supplies designs that include skid mounted simple cycle fast start emissions control in their supplied exhaust stack. The combined emissions would be designed to stay within the current permit for MGS simple cycle and GE simple cycle operations. Moth balling of MGS would be similar in principle to that in power plants and refineries I have been a project manager on. All steam condensate and cooling water liquids are drained and then all BOP and HRSG internals are packed to about 1 atmosphere with an inert gas such as nitrogen after drying. The CTs and Generators would be enclosed in pressure envelopes supplied by the vendor and these envelopes would also be pressurized with inert gas. Jacking oil pressure would be maintained so that bearings do not flatten in spots on the circumference and a shaft turning schedules for all rotating equipment would be implemented and monitored in accordance with the vendor guidelines. • Assistance with evaluation and recommendations on various economic models, including cash flow scenarios pertaining to purchase scenarios of MGS. PCPC has supported and evaluated for the L&P Directors and GM of VPU economic models including cash flow and purchase scenarios for several projects including sale of MGS to Bicent and purchase back of MGS by CITY in 2018 studies. PCPC has represented City to various law firms and outside consultants and would be pleased to discuss the details in person due to NDA requirements. 5 • Support in studies with legal counsel, bond counsel and various original equipment manufacturers, including Siemens and General Electric. PCPC has supported and evaluated for the L&P Directors and GM of VPU economic models including cash flow and purchase scenarios for several projects including sale of MGS to Bicent and purchase back of MGS by the City in 2018. This also included projects with two OEM’s namely Siemens and GE. PCPC has represented CITY to various law firms and outside consultants and would be pleased to discuss the details in person due to NDA requirements. • Technical support in the interface with the Owner representatives of MGS. PCPC has been the lead technical representative interface for City with the Owner representatives of MGS since October 2007 through the current date on technical matters pertaining to O&M of the plant, upgrades, outages and performance testing. This experience of almost 15 years should be of value to VPU in the future. • Technical expertise and assistance in analyzing purchases and procurement of equipment or materials related to generation of electricity, including review and development of site plans. PCPC has supported and evaluated for the L&P Directors and GM of VPU economic models including cash flow and purchase scenarios for several projects including sale of MGS to Bicent and purchase back of MGS by City. This also included projects with two OEM’s Siemens and GE. These representations included development of 2x1 and 3x1 Siemens Combined Cycle Plants and Wind Farms including all equipment purchases, site layouts, performance and emission studies with CH2MHILL, Burns and Roe, and the OEM’s. • Review and analysis of electrical energy, emissions and output data to determine feasibility, permitting requirement standards and limits and the best available control technologies. Peter Hervish the President of PCPC has over 45+ years in the energy industry with EPC firms Fluor Engineers and Constructors and Foster Wheeler Energy Corporation; and the OEM’s Foster Wheeler Boilers, fired heaters and HRSG’s, Westinghouse Electric Power Generation, GE Energy, Alstom Gas Turbines, Rolls Royce Gas Turbines, Stewart and Stevenson Gas turbines and Siemens/Westinghouse Energy. This experience includes in 1996 to 1999 in Cali, Colombia combining a Combined Cycle Westinghouse W-501F 1x1 combustion turbine to operate as combined cycle or simple cycle using a diverter gate in the hot gas exhaust path using two stacks. One stack is located between the CT exhaust “#2 Diamond” and the HRSG and the second stack as we have at MGS downstream of the HRSG where it exhausts to the atmosphere “#3 Diamond”. When the plant is operated in combined cycle the diverter gate between the CT and HRSG is in the open position. 6 Mode 1- The CO and SCR catalysts used for Combined Cycle could remain for the for combined cycle base load condition and the Air Permit with SCAQMD should stand as is. A diverter gate would be placed # 2 Diamond and a new stack added before the gate. If the plant is operated in simple cycle mode, the gate is closed, and exhaust exits before the HRSG. The HRSG stays cold and dry. Mode 2- If VPU decides that a combined cycle operation is not in its future, but the SCAQMD air permit will remain then a study would remove those dry tube bundles whereby the metallurgy will not withstand the CT exhaust temperature of approximately 1024 degrees F but may withstand a temperature of less than 400 degrees F. The current exhaust temperature is 233 degrees F. In all cases the design would prevent any exhaust gas from reaching within 20 degrees above its dew point at any location prior to the existing HRSG exhaust outlet. The CO and SCR catalysts would remain in place. Duct firing would be used to “condition” the catalyst for activity. Mode 3- A third case could remove all the internals of the HRSG divert the exhaust through the existing stack or a new stack at the point “#3 Diamond”. The new stack at # 2 Diamond would not be required. This would require a modified Air permit with the SCAQMD with the operating plant exhausting emissions below the current species thresholds. However, Jacob Engineering could for example provide an operating schedule for the simple cycle MGS a new GE LM 2500 to stay within the current SCAQMD Permit caps and no modification to the SCAQMD Permit would be required. PCPC has worked on several “state of the art” GE simple cycle fast start designs including LM6000, LM2500 with the consideration of the impacts of combining emissions from such an MGS Peaker described in Mode 3 with the current MGS permit. If VPU were to decide to eliminate the MGS SCR and CO catalyst in the HRSG for the current mode of 3 above GE supplies designs that include skid mounted simple cycle fast start emissions control in their supplied exhaust stack. The combined emissions would be designed to stay within the current permit for MGS simple cycle and GE simple cycle operations. • Assistance in ensuring that power plant operations meet and comply with contractual obligations, technical requirements and operating ranges, including the monitoring of performance testing. PCPC’s Peter Hervish has been both an OEM Project Manager on many Westinghouse and Siemens energy projects internationally and domestically for 25+ years as well as the Owner representative for the City for almost 17 years. The position with the OEM was to ensure that 7 all Design contractual obligations to the Owner by the OEM were met or exceeded. In the case of an Owner representative such as the City my role was to ensure that the contractual expectations of the OEM were met by performance tests and the longevity of the equipment. I worked with Siemens/Alstom, McHale and third-party consultants to create the test procedure for the Fall 2005 test. The same procedure is in use today and was only modified in 2010 to accommodate an agreement with Bicent to test without duct firing. The degradation schedules I created in 2007 for the PPTA allowed for both duct and non-duct fired cases for heat rate and output. • Support and technical expertise in the development of documents, reports, proposals and technical specifications. Peter Hervish has had many roles over the last 25+ years as an EPC (Foster Wheeler and Fluor) Project Engineering Manager responsible for the development of energy project documents, design drawings, engineering, design and construction specifications, reports to management and proposal work for new projects. Additionally, as a Westinghouse Thermal Systems Design Senior Engineer I was involved with all BOP designs and material balances for new simple cycle and combined cycle proposals for Owner clients. I have performed this role for the City L&P for almost 17 years. • Assistance with project development and coordination related to electrical generation, environmental consulting and compliance, studies, permitting, data collection, analysis and reporting. I have since 2005 performed this function for the City with internal environmental team members, CH2MHILL, Burns and Roe, SCAQMD, Siemens, GE and Kern County Environmental planning. • Technical advice on any other electrical generation matters as requested by the City. I believe that I have demonstrated to the City since 2005 that I am competent in all these matters to date. Please refer to the above and the attached Resume. III-QUALIFICATIONS & CRITERIA A. Qualifications: 1. Primary person overseeing the work: a. Peter Hervish has over 45+ years in the industry with seventeen (17) years of experience in the electricity generation field at the City. b. Demonstrated expertise in Engineering Procurement Construction (EPC) companies and/or energy companies in a project engineering or 8 project management position. Peter Hervish has over 25+ years in Project Management performing Engineering, procurement and construction at Fluor Engineers and Constructors, Foster Wheeler Constructors and Foster Wheeler International. Additionally, as the Project Manager at Westinghouse these activities were performed when we did a build, own operate contract in combined cycle projects. c. Demonstrated experience in combustion engineering science and fuels specifications with considerations for emissions and engineering science and fuels specifications with considerations for emissions and environmental compliance. This experience is summarized above, in Siemens Patent and in my Resume. d. Must holds a four-year college degree in the physical/chemical sciences, environmental sciences, processes engineering, engineering combustion science, or a comparable field (as determined by the City). Yes, See Resume. 2. Proven success providing similar services. • Provide references and examples of applicable projects. Please refer to the Resume for applicable projects. References: Ken Deane VP Bicent, Rich Olsen, Jim Nolan Sr. VP Bicent, Matt Richards, Paul Prager etc. more on demand. 3. Plant thermal system design and combustion engineering experience with major combustion turbine OEMs such as Siemens, Westinghouse, Alstom, GE, Foster Wheeler etc. I have thermal system design experience including a Patent at Westinghouse Power Generation and Siemens/Westinghouse, Orlando Florida where I was a Thermal Systems Senior Design Engineer; Engineering Manager-Foster Wheeler 4 each 340 MW coal fired Benson boilers in Turkey; Alstom Atlantique for condensate equipment, Siemens electrical and controls, KSB pumps, BBC steam turbines and generator. The following firm attributes are highly desirable, but not required: 1. Experience with OEM emissions criteria and guarantee measurement and compliance. Senior Thermal Systems Design Engineer Westinghouse Power Generation Corporation. Authored and revised procedures used in the 1990’s at Westinghouse Combustion Turbine Power generation at Research Park, Orlando Florida. Procedures focused on Performance testing of combustion turbine SC and CC to both meet Heat Rate and Output guarantees within emissions limits. 2. Monitoring of emission products and mitigation to attain OEM guarantees and government permit restrictions. Senior Thermal Systems Design Engineer Westinghouse Power Generation Corporation. Authored and revised procedures used in the 1990’s at Westinghouse Combustion Turbine Power generation at Research Park, Orlando Florida. Procedures focused on Performance 9 testing of combustion turbine SC and CC to both meet Heat Rate and Output guarantees within emissions limits. 3. Plant thermal systems design and combustion engineering experience with a major OEM. Extensive: Refer to 1 and 2 above. Siemens Patent 1999 attached for your reference. 4. Experience with analyzing energy plant equipment performance analysis data and projecting efficiencies, parts life cycle, and compliance with emissions criteria and guarantees. Created for Florida Power procedures to compare the GE fleet of over 30 GE 7EA combustion turbines after major outages to calculate % recovery of Heat Rate and Output and determine the cost benefit in efficiency and output against the cost and frequency of the outages. Projections of degradation over fleet life and cost to maintain or replace to newer GE models. Performed this at the City for the GTX 800 MGS plant. 5. Primary person in the firm overseeing the work hold an advanced degree in the physical/chemical sciences, environmental sciences, processes engineering, engineering combustion science, or a comparable field (as determined by the City). Peter Vernon Hervish IV-FEES Services provided by PCPC will be based on the following hourly rates: Title Hourly Rate Peter V. Hervish $260.00 And not to exceed $262,000 annually. 5- Travel Expense Reimbursement: In accordance with Services Agreement dated May 23, 2018, between PCPC and the City (“Amendment No 1”) dated January 1, 2019, shall continue unless revised mutually. EXHIBIT B SCHEDULE Services provided by PCPC will be based on the following hourly rates: Title Hourly Rate Peter V. Hervish $260.00 And not to exceed $262,000 annually. Page 17 of 18 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. EXHIBIT D TRAVEL EXPENSE REIMBURSEMENT RIDER 1. Generally a. The City is mindful of the potential additional expense of retaining a Contractor that is not based within the state of California. Whenever practicable, Contractor is expected to utilize teleconferencing and/or virtual meeting software in lieu of incurring travel expenses for work performed under this Agreement. b. Prior to incurring any and all travel expenses described below, Contractor must (i) submit an approximate budget to the City; and (ii) receive written approval from the City of such budget. c. In order to ensure reimbursement, all of the below costs, fares, taxes, fees, charges, tips, etc. must appear separately itemized on a written receipt or receipts with evidence, to the extent feasible, that such expense was incurred by Contractor. Credit card statements may serve as corroborating back-up documentation but shall not be accepted as the sole evidence of reimbursable expense without approval of the City, which approval may be withheld at the City’s sole discretion. d. Cancellation/Rescheduling Fees. If, after pre-purchasing any of the below travel-related items, the City causes Contractor to cancel or reschedule the trip, any fees associated with such cancellation or rescheduling charged by the vendor shall be reimbursed by the City, subject to section 1(b) above. If, however, Contractor causes the cancellation or rescheduling, such costs shall not be reimbursable. 2. Air Travel a. Economical Travel Required. For long distance travel by Contractor to the City, air travel at coach rates shall be utilized where available and practical but in no case domestic travel round trip shall not exceed $1,000.00; in the absence of reasonably convenient or cost-effective air service, another mode of transportation may be authorized and reimbursed. If air travel is utilized, if it would save costs, round trip tickets should be purchased. Purchases should be made in advance to take advantage of reduced rates. b. Baggage Fees. Fees charged by airlines for checking luggage on airplanes and similar fees may be reimbursed. The City will reimburse fees for up to two (2) pieces of checked luggage. c. Insurance. Trip insurance shall not be reimbursed by the City. d. Maximum amount of reimbursement. The City will reimburse the actual cost paid by Contractor for airfare, including all taxes, fees (including baggage fees), and charges, up to $1,000.00 per round trip for each visit. e. Travel Time to be reimbursed at one half hourly rate. Travel time shall not exceed 10 hours per round trip and must be pre-approved in writing by the City Administrator. 3. Ground Transportation & Related Expenses a. Rental Car. If cost effective, the City will reimburse the actual expenses paid for rental cars as appropriate. Any expenses must be pre-approved in writing by the City Administrator. b. Tolls. The City will reimburse road and bridge tolls necessarily and reasonably incurred. c. Taxis, Ride-Shares & Shuttles. Taxi, ride-share or shuttle fares may be reimbursed, including a 15 percent gratuity per fare, when such transportation is necessary for reasonable time efficiency concerns. d. Parking. The City will reimburse parking costs at the airport, in a standard parking lot or at meters. Valet or other privileged parking costs will not be reimbursed where less expensive options are reasonably available. The City will reimburse the actual rates paid for parking up to $30 per day. 4. Lodging a. Reasonably Priced Accommodations Required. Reasonably priced accommodations, based on the location of the business meeting, shall be selected. b. Maximum amount of reimbursement. The City will reimburse the actual rates paid, including occupancy taxes, for single accommodations on those nights which Contractor must spend away from home on business related to work performed under the Agreement at a maximum rate of up to $250.00 per night (taxes excluded). 5. Meals a. Included in Rates. Meals will not be reimbursed unless pre-approved by the City Administrator.