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20150421 Regular City Council Meeting - Packet California Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda items, including attachments, which are presented to the City Council in open session are available for public inspection. They may be inspected during regular business hours in the Office of the City Clerk at Vernon City Hall, 4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City's website at www.cityofvemon.org. Americans with Disabilities Act ("ADA"): In compliance with the ADA, if you need special assistance to participate in the meeting, please contact the Office of the City Clerk at(323) 583-8811. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Agenda City of Vernon pF YES Regular City Council Meeting Tuesday, April 21, 2015, 9:00 a.m. Council Chamber 4305 Santa Fe Avenue Vernon, California 05 � 'ID os�¢ W. Michael McCormick, Mayor sl� LY pro William J. Davis, Mayor Pro-Tem Richard J. Maisano, Council Member Luz Martinez, Council Member Melissa Ybarra, Council Member Council Member Elect CALL TO ORDER& FLAG SALUTE CHANGES TO THE AGENDA PUBLIC COMMENT - At this time the public is encouraged to address the City Council on any matter that is within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment on matters which are on the posted agenda during City Council deliberation on those specific matters. PRESENTATIONS 1. Transfer of Jurisdiction Presentation—City Hall Substation Name Change to Maisano Substation. Recommendation: A. Find that the item is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and Regular City Council Meeting Agenda April 21, 2015 B. Acknowledge the Transfer of Jurisdiction and the Substation name change from "City Hall Substation"to "Maisano Substation". 2. A Proclamation of the Mayor and the City Council of the City of Vernon commending Richard J. Maisano for his many years of service to the City of Vernon. ELECTION MATTERS 3. A Resolution of the City Council of the City of Vernon, California, reciting the fact of the General Municipal Election held on April 14, 2015, declaring the results and such other matters as provided by law. Recommendation: (A) Find that the proposed approval is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment as this is merely an administrative item; and Final determinations to be announced at the City Council Meeting pending the Final Canvassing of the Votes scheduled for Monday, April 20, 2015. (B) Accept the Certificate of Canvass; and (C) Adopt a Resolution declaring the results of the General Municipal Election held April 14, 2015, declaring that (Roberts/Woodruff-Perez) is elected to the office of Member of the City Council and that Measures O and Measure P are (approved/rejected); and (D) Authorize the City Clerk to deliver the Certificate of Election and administer the Oath of Office to (Roberts/Woodruff-Perez). 4. Oath (Affirmation) of Office. 5. Election of Mayor and Mayor Pro Tempore. Recommendation: (A) Find that the elections of the Mayor and the Mayor Pro Tempore are exempt under the California Environmental Quality Act("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment as this is merely an administrative item; and (B) Elect one of its members as Mayor; and (C) Elect one of its members as Mayor Pro Tempore. Page 2 of 8 Regular City Council Meeting Agenda April 21, 2015 PRESENTATIONS (CONT'D) 6. Personnel Matters - Service Pin Awards. March 2015 Anniversary Employee Name Job Title Years Allen Castro Firefighter 15 Shahram"Shawn" Sharifzadeh Resource Scheduler 15 7. Commendation to Vernon Police Dispatcher Cerissa Diaz. 8. A Proclamation of the Mayor and the City Council of the City of Vernon commending David R. Zapien for his many years of service to the City of Vernon. 9. City Clerk to administer the Oath of Office required by Article XX, Section 3 of the Constitution of the State of California for newly hired Police Officer, Carlos Ourique. 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. Claims Against the City—Received and Filed 10. None Minutes— To be Received and Filed 11. Minutes of the Special City Council Meeting held April 7, 2015. 12. Minutes of the Regular City Council Meeting held April 7, 2015. Warrant Registers 13. Approval of City Payroll Warrant Register No. 706, totaling $2,616,139.62, which covers the period of March 1 through March 31, 2015 and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $1,863,797.66; and B. Checks and electronic fund transfers totaling $752,341.96. 14. Approval of City Warrant Register No. 1422, totaling $940,930.98,which covers the period of April 2 through April 13, 2015 and consists of the following: Page 3 of 8 Regular City Council Meeting Agenda April 21, 2015 A. Ratification of wire transfers totaling $598,824.43; and B. Ratification of the issuance of early checks totaling $196,679.41; and C. Authorization to issue pending checks totaling $154,427.14. 15. Approval of Light & Power Warrant Register No. 387, totaling $619,511.59, which covers the period of April 2 through April 13, 2015 and consists of the following: A. Ratification of wire transfers totaling $496,840.35; and B. Ratification of the issuance of early checks totaling $88,760.14; and C. Authorization to issue pending checks totaling $33,911.10. 16. Approval of Gas Warrant Register No. 175, totaling $14,573.58,which covers the period of April 2 through April 13, 2015 and consists of the following: A. Ratification of the issuance of early checks totaling $14,573.58. Fire Department 17. Activity Report for the period of March 16 through March 31, 2015, to be received and filed. Gas and Electric Department 18. Base Contract with Sequent Energy Management, L.P. for Sale and Purchase of Natural Gas. Recommendation: A. Find that the requested approval is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Authorize the Director of Gas & Electric to execute the North American Energy Standards Board ("NAESB") contract by and between the City of Vernon("City") and Sequent Energy Management, L.P. ("SEM"), for the purpose of buying and selling natural gas to or from SEM, in compliance with the general terms established in the agreement. It is further recommended that the City Council find that, pursuant to Vernon Municipal Code § 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. Health and Environmental Control Department 19. A Resolution of the City Council of the City of Vernon approving and authorizing the execution of a grant application under the California Beverage Container Recycling and Litter reduction act to the California Department of Recycling Resources and Recovery (CalRecycle). Page 4 of 8 Regular City Council Meeting Agenda April 21, 2015 Recommendation: A. Find that approval of the request for authority to receive and spend grant funds are exempt from the California Environmental Quality Act("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment, and it can be seen with certainty that there is no possibility that the activity in question may have such an effect on the environment; and B. Approve and issue authorization to receive and spend grant funds under the Beverage Container Recycling and Litter Abatement Activities for FY2014-2015. 20. March 2015 Monthly Report,to be received and filed. Police Department 21. Activity Log and Statistical Summary of Arrests and Activities for the period of March 16, through March 31, 2015, to be received and filed. 22. A Proclamation of the Mayor and the City Council of the City of Vernon declaring the week of April 5-11, 2015 as Safety Seat Checkup Week. Public Works, Water and Development Services Department 23. 2014 Annual Report of the Public Works,Water and Development Services Department, to be received and filed. NEW BUSINESS Fire Department 24. Bid Award for Fire Department Training Facility Contractor. Recommendation: A. Find that approval of the bid award for a Fire Department Training Facility Contractor to construct the undeveloped parcel and operate the facility is within the Initial Study and Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act("CEQA") in accordance with Section 15063, which requires the lead agency to conduct an initial study to determine if the project may have a significant effect on the environment, and Section 15070, which governs the agency's decision to prepare a negative declaration, and authorize the Director of Public Works, Water and Development Services to file a Notice of Determination finding that the project will not have a significant impact on the environment; and B. Accept the bid of Kirila Fire Training Facilities, Inc., as the lowest responsive and responsible bidder, rejecting all other bids; and enter into a contract, with Kirila Fire Training Facilities, Inc., for an amount not to exceed $747,777.00, for a Fire Department Training Facility Contractor; Page 5 of 8 Regular City Council Meeting Agenda April 21, 2015 further authorize a contingency of$50,000.00, 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. Human Resources Department 25. Adoption of City Of Vernon Personnel Policy and Procedure, Reference/Background Checks I- 12. Recommendation: A. Find that approval of the proposed personnel policy and procedure is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Adopt Personnel Policy and Procedure, Reference/Background Check Policy I-12, and incorporate it into the Personnel Policies and Procedures Manual; and C. Authorize the City Administrator and the Director of Human Resources to execute and distribute the above-referenced policy to all employees. Public Works, Water and Development Services Department 26. Bid Award for Contract CS-0541: Citywide Traffic Signal Maintenance Project. Recommendation: A. Find the awarding of a contract to Aegis ITS is categorically exempt under the California Environmental Quality Act("CEQA") in accordance with CEQA Guidelines Section 15301, because this project only consists of maintenance and repair of the City's traffic signals and does not involve any expansion of existing facilities; and B. Accept the bid from Aegis ITS, Inc.as the lowest responsive and responsible bidder and reject all other bids; and C. Approve a contract with Aegis ITS, Inc. not to exceed$110,000.00 per year for a total of three years for the Citywide Traffic Signal Maintenance Project, Contract No. CS-0541 27. Approval of Two (2) Easements for Public Road Located at 5119 District Boulevard. Recommendation: A. Find that the acceptance of the Easements for Public Road proposed are categorically exempt under the California Environmental Quality Act ("CEQA") in accordance with CEQA Guidelines Section 15061(b) (3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Accept the two (2) Easements for Public Road and authorize the Mayor to execute easement forms with exhibits. Page 6of8 Regular City Council Meeting Agenda April 21, 2015 28. Approval of Electrical Easement on 5970 Alcoa Avenue. Recommendation: A. Find that the acceptance of the proposed Electrical Easement is categorically exempt under the California Environmental Quality Act ("CEQA") in accordance with CEQA Guidelines Section 15061(b) (3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Accept the Electrical Easement and authorize the Mayor to execute easement form with exhibits. ORDINANCES 29. Ordinance No. 1227 -An Ordinance of the City Council of the City of Vernon adopting amendments to the comprehensive zoning ordinance of the City of Vernon; establishing zoning districts in the City and regulating and restricting the use, size, and the location of buildings and improvements on land; the use of land and open space; adopting a map showing said zoning districts, defining the terms used in the ordinance; providing for its adjustment, amendment and enforcement; and repealing all ordinances or parts of ordinances in conflict therewith. (second reading) Recommendation: A. In accordance with the California Environmental Quality Act, contained in Public Resources Code commencing at Section 21000 and the California Code of Regulations, Title 14, Chapter 3, certify the Supplemental Final Environmental Impact Report dated March 2015, adopt Findings of Fact and Statement of Overriding Considerations, and adopt Mitigation Measures and a Mitigation Monitoring and Reporting Program for the City of Vernon General Plan and Zoning Ordinance Update (State Clearinghouse No. 2007061031). It is further recommended that the City Clerk of the City of Vernon shall be designated as the custodian of all documents or other materials which constitute this record of proceedings upon which this decision is made; and B. Adopt the Ordinance adopting the Zoning Ordinance Amendment and Zoning Map. ORAL REPORTS 30. City Administrator Reports—brief reports on activities and other brief announcements by the City Administrator and Department Heads. 31. City Council Reports—brief report on activities, announcements, or directives to staff. Page 7 of 8 Regular City Council Meeting Agenda April 21, 2015 CLOSED SESSION 32. CONFERENCE WITH REAL ESTATE NEGOTIATIONS Government Code Section 54956.8 Property: 3200 Fruitland Avenue, Vernon, California Agency Negotiator: Mark Whitworth, City Administrator/Alex Kung, Economic Development Manager Negotiating Party: PI Fruitland, LLC Under Negotiation: Price and Terms of Assignment and Assumption of Purchase and Sale Agreement. NEW BUSINESS (CONT'D) City Administration Department 33. A Resolution of the City Council of the City of Vernon approving and authorizing the execution of an Agreement regarding Assignment and Assumption of Purchase and Sale Agreement by and between the City of Vernon and PI Fruitland, LLC for property located at 3200 Fruitland Avenue. (Supporting documentation for this item will be disseminated at the meeting pending and contingent upon any reportable action from the above listed closed session) ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe Avenue, Vernon, California, and on the City's website, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 16th day of April 2015. By: Maria E. Ayala City Clerk Page 8 of 8 pF V RECEIVED R� q�'�D o�All � APR 15 015 ��kLlL14 APR 14 2015 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATIo VERNON GAS & ELECTRIC DEPARTMENT t 7 DATE: April 21, 2015 TO: Honorable Mayor and City Council FROM: Carlos Fandino Jr., Director of Vernon Gas & Electric N� RE: Transfer of Jurisdiction Presentation—Substation Name Change to Maisano Recommendation It is recommended that the City Council: A) Find that the item in this staff report is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B) Acknowledge the Transfer of Jurisdiction and the Substation name change from City Hall to Maisano as presented by the Vernon Gas & Electric Department. Backizround The City of Vernon Gas & Electric Department has prepared a presentation for Council to announce a name change for the City Hall Substation. The new name to be issued is Maisano Substation, in honor of our current Councilman for his dedicated service to the City. All Transmission & Distribution and electrical equipment nomenclature will be re-labeled in the field accordingly. The City Hall Substation was initially commissioned in 1966. Its original primary purpose was to provide electric service to the Booster Plant, a water well and the City Hall building. The substation consisted of S&C Metal clad switchgear and three single phase power transformers. The switchgear is capable of maintaining electricity to the City Hall and the Booster Plant even during power outages by automatically transferring the electric load to a different circuit and distribution substation. In 2011, the Department performed a major upgrade to the substation by retiring the 40+ years old transformers with a 2500 KVA substation type three phase transformer in order to continue to provide a reliable, effective service City Hall buildings and facilities. Councilmember Maisano was born and raised in the Southeast Los Angeles area and attended Alhambra High School. He has been a resident of Vernon since 2005 and was appointed to fill- in a vacant seat of the City Council in January of 2009. Councilmember Maisano has been a business owner for a number of years, and brings a strong business perspective to the City Council. He is a loyal member of Vernon's leadership and as a gesture of appreciation for his unwavering commitment to the businesses and residents of the City, staff is honored to present a plaque to signify this historic moment and commemorate this transfer of jurisdiction on April 7, 2015. The official transfer of jurisdiction will formally be enacted via telephone with the dispatcher on duty at the Substation. Fiscal Impact This report is for informational purposes only. There is no fiscal impact. O�Yg RECEIVED RECEIVED .�s APR 15 2015 ��R[xr ixes'fi APR 15 Z015 CITY ADMINISTRATION CITY CLERK'S OFFICE STAFF REPORT HUMAN RESOURCES DEPARTMENT DATE: April 21,2015 TO: Honorable Mayor and City Council FROM: Teresa McAllister, Director of Human Resources RE: RECOGNITION OF RETIRING CITY COUNCILMEMBER—RICHARD J. MAISANO Recommendation It is recommended that the City Council: A. Acknowledge and present a proclamation to retiring City Councilmember, Richard J. Maisano, in recognition of his dedicated service to the City of Vernon. Background Historically, the City has approved proclamations in honor of retiring City employees. This is the appropriate time to approve a proclamation for Richard J. Maisano, Councilmember who is retiring from the City of Vernon after providing approximately six (6) years and four (4) months of public service to the City, and its patrons. Councilmember Maisano was appointed to fill a vacant, mid-term seat on the City Council on January 12, 2009, and elected to serve a full, five-year term in April 2010. As a long-time business owner and manager, Mr. Maisano's key qualities and business perspective were invaluable contributions to the decision making process of the City Council and the County Sanitation District#23 Board of Directors on which he served. Councilmember Maisano is one of three (3) remaining Councilmembers who was seated during the defeat of state legislation aimed at disincorporating Vernon. His dedication and commitment played a key role in the transition and transparency of the City of Vernon to implement and employ good governance reform policies. Councilmember Maisano has devotedly and determinedly dedicated himself to service of his community and has represented the City with distinction and honor as he interfaced with community, business, county, state and federal government officials and agencies. Budizet Impact: This activity can be carried out without additional impact on the current operating budget. f �of Zoe L rttOtt 0 t A PROCLAMATION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON COMMENDING RICHARD J. MAISANO FOR HIS AMNY YEARS OF SERVICE TO THE CITY OF VERNON WHEREAS, Richard J. Maisano has faithfully served the City of Vernon for over 6years;and WHEREAS, Richard J. Maisano will retire from the City of Vernon effective April 21, 2015;and WHEREAS, Richard J. Maisano devoted significant time and effort above and beyond the course and scope of his elected duties on behalf of the people of the City of Vernon;and WHEREAS, the economic health of the City of Vernon and its people depends in large measure on the entrepreneurship, dedication, innovations and steadfast commitment of leaders such as Richard J. Maisano;and WHEREAS, during his long and distinguished career with the City of Vernon, Richard J. Maisano has won the deepest respect of his colleagues through his contributions and leadership to the City;and WHEREAS, the Mayor and the City Council of the City of Vernon, on behalf of its employees, residents and businesses, wishes to commend and thank Richard J. Maisano for his manyyears of service to the City and invite recognition of his contributions and achievements. NO W THEREFORE, THE MAYOR AND THE CITY CO UNCIL OF THE CITY OF VERNON, ON BEHALF OF ITS EMPLOYEES, RESIDENTS AND BUSINESSES HEREBY COMMENDS RICHARD J. MAISANO FOR HIS MANY YEARS OF SERVICE TO THE CITY. THIS PROCLAMATION IS BEING PRESENTED TO RICHARD J. MAISANO BY THE HONORABLE MAYOR W17 .T.TAM DAMS FOR AND ON BEHALF OF THE CITY COUNCIL OF THE CITY OF VERNON THIS 21 ST DAY OF APRIL TVO THOUSAND AND FIFTEEN. CITY OF VERNON By: V. MICHAEL MCCORMICK, Mayor d Y RE � .,ap RECEIVED 'APR APR 16 2615 I � ni _ ;y�'� CITY CLENK 6 OFFICE STAFF REPORT CITY ADMINISTRATION City Clerk Department DATE: April 21, 2015 TO: Honorable Mayor and City Council FROM: Maria E. Ayala, City Clerk RE: A Resolution of the City Council of the City of Vernon,California,Reciting the Fact of the General Municipal Election held on April 14, 2015, Declaring the Result and Such Other Matters as Provided by Law Recommendation A. Find that the proposed approval is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment as this is merely an administrative item; and Final determinations to be announced at the City Council Meeting pending the Final Canvassing of the Votes scheduled for Monday, April 20, 2015. B. Accept the Certificate of Canvass. C. Adopt a Resolution declaring the results of the General Municipal Election held April 14, 2015, declaring that (Roberts/Woodruff-Perez) is elected to the office of Member of the City Council and that Measures O and P are (approved/rejected); and D. Authorize the City Clerk to deliver the Certificate of Election and administer the Oath of Office to _ (Roberts/Woodruff-Perez). Background On April 14,2015, a General Municipal Election was held for the purpose of electing one member to the City Council for the full term of five (5) years, and to submit to the voters of the City of Vernon the following Measures: Page 1 of 3 Measure O: YES Shall Chapter 3.7 of Article III of the Vernon City Charter be amended to clarify that the candidate(s) with the next subsequent highest number of votes in an election with NO multiple seats, shall be elected to fill the unexpired term or terms after all full terms of office are filled by candidate(s) who have received a higher number of votes? Measure P: YES Shall Chapter 7.4 of Article VII of the Vernon City Charter be amended to allow the City Council to fix the duties,tenure and compensation of officers by any means it deems appropriate? NO As of the closing of the nomination period on January 21, 2015, at 5:30 p.m., Dennis E. Roberts and Yvette Woodruff-Perez were the only two official candidates. As of March 31, 2015, there were no requests for a write-in candidate. On March 18, 2015, sixty-three (63) vote-by-mail ballots were mailed. Subsequently the following provisional ballots were issued: two (2) as duplicate ballots for registered voters with a new address; two additional (2)ballots for new registered voters; and one(1) as a duplicate to replace a lost ballot. Thirty-six (36)ballots were received as of 8 p.m. on April 14, 2015. Of the ballots received, 35 were processed for signature verification, and canvassed on April 14, 2015. One ballot was not able to be processed for signature verification in time for the semi-final canvassing, and will be canvassed at the final canvassing scheduled for April 20, 2015 at 10 a.m. Pursuant to State of California Elections Code 3020(b), vote-by-mail ballots postmarked on or before the election date and received no later than three days after the election shall be timely cast. The City of Vernon, in accordance with State elections laws has noticed the final canvassing to take place on Monday, April 20, 2015 in City Hall Council Chambers at 10 a.m. so as to account for any and all eligible vote-by-mail ballots received within this timeframe. The final official election results will be announced at the City Council meeting on April 21, 2015. As of the semi-final canvassing that took place on day of Election, April 14, 2015 at 8 p.m., the vote tally was as follows: Councilmember Seat Measure O Measure P Roberts Woodruff- Blank Yes No Blank Yes No Blank Perez April 14,2015 13 21 1 29 4 2 27 6 2 Total Votes 35 35 35 Canvassed Page 2of3 i The results of final canvassing will be summarized in the City Clerk's Certification of Canvass, will be incorporated as part of the proposed Resolution, and will be made available at the meeting. Fiscal Impact There is no negative fiscal impact. Attachment(s) 1. Draft Resolution Reciting the Fact of the General Municipal Election held on April 14, 2015, and Declaring the Results. (Final Resolution for this item will be disseminated at the meeting pending the final canvassing of the ballots scheduled to be held on April 20, 2015, at 10:00 a.m.) Page 3 of 3 RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON APRIL 14 , 2015, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Vernon, California, on Tuesday, April 14 , 2015, as required by law; and WHEREAS, pursuant to Ordinance No. 1201, the election was conducted entirely by vote-by-mail ballot pursuant to Section 4000, et sec . , of the Elections Code of the State of California; and WHEREAS, notice of the election was given in time, form and manner as provided by law; and WHEREAS, an election officer was appointed, vote-by-mail ballots were properly sent to all registered voters, and in all respects the election was held and conducted, the votes were cast, received and canvassed, and the returns were made and declared in the time, form and manner required by the City Charter and the Elections Code of the State of California; and WHEREAS, the City Clerk canvassed the returns of the election and has certified the results to the City Council, which certification and results are received, attached and made part hereof as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS : SECTION 1 : The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct . SECTION 2 : The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA) , in accordance with Section 15061 (b) (3) , the general rule that CEQA only applies to projects that may have a significant effect on the environment . SECTION 3 : One (1) voting precinct was established for the purpose of holding said Election, consisting of the regular election precinct in the City as established for the holding of State and County elections . SECTION 4 : The whole number of vote-by-mail voter ballots legally cast in the City for the General Municipal Election held on April 14, 2015, was , with one provisional ballot cast . SECTION 5 : The following are declared to be the results of said General Municipal Election for the office of member of the City Council : Dennis E. Roberts votes Yvette Woodruff-Perez votes Blank votes Section-6 : The City Council of the City of Vernon hereby declares that , was elected as member of the City Council for the full term of five (5) years . SECTION 7 : The City Clerk shall immediately make and deliver to the person so elected a Certificate of Election signed by the City Clerk and authenticated. SECTION 8 : The City Clerk shall also administer to the person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the Office of the City Clerk. The person so elected shall then - 2 - be inducted into the respective office to which he/she has been elected. SECTION 9 : The measures voted upon at the April 14 , 2015, General Municipal Election were as follows : MEASURE 0: Shall Chapter 3 . 7 of Article III of the Vernon City Charter be amended to clarify that the YES candidate (s) with the next subsequent highest number of votes in an election with multiple seats, shall be elected to fill the unexpired term or terms after all full terms of office NO are filled by candidate (s) who have received a higher number of votes? MEASURE P: Shall Chapter 7 .4 of Article VII of the Vernon City Charter be amended to allow the City YES Council to fix the duties, tenure and compensation of officers by any means it deems NO appropriate? / / 1 / / 1 - 3 - SECTION 10 : The number of votes given in the one voting precinct in the City for and against the measures are as listed in Exhibit A attached hereto. SECTION 11 : The City Council does declare and determine that as a result of the General Municipal Election, a simple majority of the voters voting on Measure 0 and Measure P, did vote in favor of all measures, and the measures were carried, and shall be deemed approved and adopted. SECTION 12 : The City Clerk, or Deputy City Clerk, shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of votes cast in the City; (2) The measures voted upon; (3) The total number of votes given in the City for and against the measures . - 4 - SECTION 13 : The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk' s, or Deputy City Clerk' s, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 219t day of April, 2015 . Name : Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Brian Byun, Deputy City Attorney 5 - STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, April 21, 2015 , and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. City Clerk / Deputy City Clerk (SEAL) - 6 - RECEIVED RECEIVED APR 16 2015 `' �''' APR 16 2015 CITY CLERK'S OFFICE °`��.: ,„o�•s' ' CITY ADMINISTRATION STAFF REPORT City Clerk Department DATE: April 21,2015 TO: Honorable Mayor and City Council FROM: Maria E. Ayala, City Clerrk�' RE: Election of Mayor and Mayor Pro Tempore Recommendation It is recommended that the City Council: A. Find that the elections of the Mayor and the Mayor Pro Tempore are exempt under the California Environmental Quality Act("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment as this is merely an administrative item; and B. Elect one of its members as Mayor; and C. Elect one of its members as Mayor Pro Tempore. Background Chapter 3.5 of the Vernon Municipal Charter requires the City Council to elect a Mayor at this meeting: "At the Council meeting at which any Council member is installed following a regular municipal election, ... the City Council shall meet and shall elect one of its members as Mayor. The Mayor shall be the presiding officer of the City Council. The Mayor shall be a member of the City Council for all purposes and shall have all the rights, powers and duties of a member of the City Council in addition to those powers and duties conferred upon the Mayor by virtue of his or her office. The Mayor shall be the official head of the City for all ceremonial purposes. The Mayor shall perform such other duties consistent with the office of mayor as may be prescribed by this Charter or as may be provided by the City Council. . . ." Chapter 3.6 of the Vernon Municipal Charter similarly requires that the City Council select a Mayor Pro Tern at this meeting: "At the time that a mayor is selected, the City Council shall also designate one of its members as Mayor Pro Tempore. The Mayor Pro Tempore shall serve in such capacity at the pleasure of the City Council and may be removed by a majority vote of the members of the Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability." Fiscal Impact There is no fiscal impact. o►'e 4, RECEIVED RECEIVED F+ � er,xd`i' APR 0 8 2015 APR 15 2015 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINIS ATION HUMAN RESOURCES DEPARTMENT DATE: April 21, 2015 TO: Honorable Mayor and City Council FROM: Teresa McAllister, Director of Human Resources�. RE: Service Pin Awards for March 2015 Recommendation City Council to present Service Pins to those employees hired in March. Background Submitted herewith lists the employees who are eligible to receive their service pins based on the number of service years with the City of Vernon. Fiscal Impact None. 2015 SERVICE PIN LIST MARCH ANNIVERSARY EMPLOYEE'S NAME DEPARTMENT TITLE D.O.H YEARS Allen Castro Fire Firefighter 3/13/2000 15 Shahram"Shawn"Sharifzadeh Gas&Electric Resource Scheduler 3/13/2000 15 . e.,6�o RECFWED "° ' ' ' RECEIVED �'rfr tiKna ■ APR 15 2015 APR 01 2015 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION VERNON POLICE DEPARTMENT DATE: April 21, 2015 TO: Honorable Mayor and City Council FROM: Daniel Calleros, Police Chief S,U RE: Commendation Award Presentation Recommendation The Police Department will present a commendation award to Police Dispatcher Cerissa Diaz for her actions in handling a 9-1-1 call involving a suicidal person. Background On the evening of Monday, February 2, 2015, Police Dispatcher Cerissa Diaz answered a 9-1-1 call from a suicidal man who expressed of dying by being shot to death at the hands of Police Officers. Dispatcher Diaz remained calm and immediately began sending patrol units to the area where the caller reported to be waiting in a vehicle. As Police Officers responded, Dispatcher Diaz kept the man on the phone, talking with him, settling him down, and building a rapport. When patrol units arrived to the reported location, they were unable to locate the caller as he had deliberately provided false information about his whereabouts. Dispatcher Diaz continued talking with the caller and simultaneously used available resources to locate the location of the caller through the use of the Global Positioning System (GPS) from the 9-1-1 system. Dispatcher Diaz was persistent and continued talking to the caller to elicit information about his whereabouts. Her words opened a lifeline of communication between two strangers. They exchanged names and the caller talked about his personal issues. However, based on statements made by the caller, Police Officers were clearly going to encounter a "Suicide by Cop" situation once the caller was located. Dispatcher Diaz continued the conversation with the man for nearly an hour as he expressed to end his young life. The caller was emotional throughout the conversation and on a few occasions intentionally hung up the phone. Dispatcher Diaz immediately telephoned the caller back and convinced him to continue talking as she was trying to get him help. Because of Dispatcher Diaz' words of encouragement, support, and actions, she was able to persuade the caller to drive to the public parking lot area of Vernon City Hall. Dispatcher Diaz remained on the telephone with the caller until he arrived in the public parking lot where Police Officers detained the caller and later transported him to a local mental health facility. The actions taken by Dispatcher Diaz during this incident undoubtedly defused a potential volatile situation. She did an exceptional job dealing with the troubled caller and helped Police Officers bring the incident to a safe conclusion. In addition, the caller was able to obtain the necessary mental health treatment. Fiscal Impact None r„ RECEIVED Awp R E 0,F I P•�F® �c�rrccr}��` APR 14 2015 _nr APR 15 ��'.5 STAFF REPORT CITY ADMINISTRATION CITY CLEKr'\'S OFFICE HUMAN RESOURCES DEPARTMENT DATE: April 21,2015 TO: Honorable Mayor and City Council FROM: Teresa McAllister, Director of Human Resources RE: RECOGNITION OF RETIRING EMPLOYEE — DAVID R. ZAPIEN, POLICE SERGEANT Recommendation It is recommended that the City Council acknowledge and present a proclamation to retiring employee David R. Zapien, Police Sergeant, in recognition of his dedicated service to the City of Vernon. Background Historically, the City has approved proclamations in honor of retiring City employees. This is the appropriate time to approve a proclamation for David Zapien, Police Sergeant who is retiring from the City of Vernon after providing twenty nine (29) years and seven (7) months of service to the City, and its patrons. Mr. Zapien was hired as a Police Officer I on September 3, 1985. During his career with the Vernon Police Department, Mr. Zapien held various assignments such as: Police Officer, Field Training Officer, Detective, and was ultimately promoted to the position of Sergeant. Mr. Zapien meets the eligibility requirements under CalPERS and will be retiring from the City of Vernon Police Department effective April 301h 2015. Fiscal Impact This activity can be carried out without additional impact on the current operating budget. f _ of ve A PROCLAMATION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON COMMENDING DAVID R. ZAPIEN FOR HIS ALI NY YEARS OF SER VICE TO THE CITY OF VERNON WHEREAS, David X Zapien has been employed by the City of Vernon since September 3, 1985, and has faitbfuly served the City of Vernon for approximately 29years;and WHEREAS, David R. Zapien avill retire from the City of Vernon effective April 30, 2015;and WHEREAS, David R Zapien is retiring as a Police Sergeant in the Police Department;and VIHEREAS, during the course of his employment with the City of Vernon, David R. Zapien has held various positions in the Vernon Police Department ranging from Police Ofcer, Field Training Ocer, Detective, Detective Sergeant, and Police Sergeant;and WHEREAS, during his long and distinguished career with the City of Vernon, David R. Zapien has won the deepest respect of his colleagues through his contributions and leadership to the City;and WHEREAS, it is an honor to express our appreciation to David K Zapien for his exemplary service to the City of Vernon and wish David good health upon his retirement and for continued success in life's pursuits;and FIHEREAS, the Mayor and the City Council of the City of Vernon, on behalf of its employees, residents and businesses, wish to commend and thank David R. Zapien for his manyyears of service to the City and invite recognition of his contributions and achievements. NO IF, THEREFORE, THE MAYOR AND THE CITY CO UNCIL OF THE CITY OF VERNON, ON BEHALF OF ITS EMPLOYEES, RESIDENTS AND BUSINESSES HEREBY COMMENDS DAVID R. ZAPIEN FOR HIS MANY YEARS OF SERVICE TO THE CITY. THIS PROCLAMATION IS BEING PRESENTED TO DAVID R. ZAPIEN BY THE HONORABLE MAYOR W1 MICHAEL MCCORMICK FOR AND ON BEHALF OF THE CITY COUNCIL OF THE CITY OF VERNON THIS 21 ST DAY OF APRIL T IIO THOUSAND AND FIFTEEN. CITY OF VERNON By. V. MICHAEL MCCORMICK, Mayor RECEIVED RECEIVED APR 0 2 2015 r4 {t �'Yrir n+o° APR 15 2015 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION VERNON POLICE DEPARTMENT DATE: April 21, 2015 TO: Honorable Mayor and City Council FROM: Daniel Calleros, Police Chief %-" RE: Presentation - Swear-In Ceremony Recommendation It is recommended that the City Council instruct the City Clerk to administer the Oath of Office required by Article XX, Section 3 of the Constitution of the State of California for the newly hired Police Officer. Background Due to the promotion of a Patrol Sergeant in mid-2014, a Police Officer vacancy in the Patrol Division was created. Leaving this position vacant would have a significant impact on the required patrol deployment levels and would also increase overtime costs to cover staffing shortages. To fill the vacancy, the Police Department conducted a recruitment process. Based on a review of the qualifications of each eligible candidate and an extensive background investigation, it was determined that Carlos Ourique, a lateral Police Officer is the best qualified candidate for the position of Police Officer. Fiscal Impact There is no fiscal impact to the City general budget as this position has been included in the 2014-2015 fiscal year budget. MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, APRIL 7, 2015, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Davis, Maisano, Martinez, and Ybarra MEMBERS ABSENT: None. The meeting was called to order at 8 a.m. by Mayor McCormick. CHANGES TO THE AGENDA Mayor McCormick announced that there are no changes to the agenda. PUBLIC COMMENT Mayor McCormick announced that this was the time allotted for public comment, and inquired whether anyone in the audience wished to address the City Council. No public comment provided. CLOSED SESSION At 8:01 a.m. the City Council entered into closed session to discuss the following agendized items. 1. CONFERENCE WITH REAL ESTATE NEGOTIATIONS Government Code Section 54956.8 Property: 3200 Fruitland Avenue, Vernon, California Agency Negotiator: Mark Whitworth, City Administrator/Alex Kung, Economic Development Manager Negotiating Party: Pechiney Cast Plate, Inc. Under Negotiation: Price and Terms of Second Amendment Agreement 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code Section 54956.8 Property: 3200 Fruitland Avenue, Vernon, California Agency Negotiator: Mark Whitworth, City Administrator/Alex Kung, Economic Development Manager Negotiating Party: Pacific Industrial, LLC Under Negotiation: Price and Terms of Sale At 8:49 a.m. the City Council exited closed session. Zaynah Moussa, Deputy City Attorney, reported out on closed session as follows: City Council met in closed session regarding two items. As to Closed Session Item 1, Council consulted with its negotiators and voted 5-0 to authorize the price and terms of the Second Amendment to the Agreement with Pechiney Cast Plate, Inc. This is to be addressed further during open session of the City Council's regular meeting today. With regard to Closed Session Item 2, there was no reportable action taken. Special City Council Meeting Minutes April 7, 2015 With no further business, at 8:50 a.m., Mayor McCormick adjourned the meeting. W. Michael McCormick Mayor ATTEST: Maria E. Ayala City Clerk Page 2 of 2 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, APRIL 7, 2015, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Davis, Maisano, Martinez MEMBERS ABSENT: None The meeting was called to order at 9:00 a.m. by Mayor McCormick. Mayor Pro-tem Davis led the flag salute. CHANGES TO THE AGENDA Mayor McCormick announced that there are no changes to the agenda. City Clerk announced that supporting documentation to Agenda Item No. 11, as being distributed to Council; and that additional copies have been provided for the public. PUBLIC COMMENT Mayor McCormick announced that this was the time allotted for public comment, and inquired whether anyone in the audience wished to address the City Council. The public will also be given an opportunity to comment on matters on the posted agenda during Council deliberation. No public comment provided. PUBLIC HEARINGS 1. Public hearing on the adoption of a Final Supplemental Environmental Impact Report and Mitigation Monitoring Reporting Program and adoption of Amendments to the City of Vernon General Plan and Zoning Ordinance and Zoning Map. At approximately 9:01 a.m. Mayor McCormick opened a public hearing on the matter. Kevin Wilson, Director of Public Works, Water and Development Services Department, provided a brief introduction on the proposed changes to the City's zoning ordinance. Mr. Wilson introduced Laura Stetson, consultant from MIG, who will be providing a brief presentation. Upon Ms. Stetson concluding her presentation to the Council, Mr. Wilson further elaborated on the proposed changed elements of the zoning ordinance, and reported on the recent workshops that were held on this topic. Mr. Wilson outlined the proposed actions to be considered by the Council, and read the ordinance and resolution by titles. Mayor McCormick asked for public comment. No public comment was received. Councilmember Ybarra had questions and comments regarding the City considering zoning certain areas so as to allow residential development. Mr. Wilson responded to Ms. Ybarra's questions. Mr. Wilson offered that staff could look into a future separate study on housing if that should be the direction that staff is given by Council. At 9:14 a.m. the public hearing was closed. Approve the following: Resolution No. 2015-15 -A Resolution of the City Council of the City of Vernon adopting amendments to the City of Vernon General Plan and the various elements included therein and repealing all resolutions in conflict. Regular City Council Meeting Minutes April 7, 2015 Ordinance No. 1227 -An Ordinance of the City Council of the City of Vernon adopting amendments to the comprehensive zoning ordinance of the City of Vernon; establishing zoning districts in the City and regulating and restricting the use, size, and the location of buildings and improvements on land; the use of land and open space; adopting a map showing said zoning districts, defining the terms used in the ordinance; providing for its adjustment, amendment and enforcement; and repealing all ordinances or parts of ordinances in conflict herewith. first reading) Recommendation: A. In accordance with the California Environmental Quality Act, contained in Public Resources Code commencing at Section 21000 and the California Code of Regulations, Title 14, Chapter 3, certify the Supplemental Final Environmental Impact Report dated March 2015, adopt Findings of Fact and Statement of Overriding Considerations, and adopt Mitigation Measures and a Mitigation Monitoring and Reporting Program for the City of Vernon General Plan and Zoning Ordinance Update (State Clearinghouse No. 2007061031). It is further recommended that the City Clerk of the City of Vernon shall be designated as the custodian of all documents or other materials which constitute this record of proceedings upon which this decision is made; and B. Adopt a Resolution adopting the General Plan Amendment; and C. Approve the first reading of the Ordinance adopting the Zoning Ordinance Amendment and Zoning Map. It was moved by Davis and seconded by Maisano to approve Resolution No. 2015-15. A roll call vote was called by the City Clerk to approve the first reading of Ordinance No. 1227. On a motion by Maisano and second by Davis it was carried to approve the first reading of the Ordinance adopting the Zoning Ordinance Amendment and Zoning Map. The vote was as follows: Mayor McCormick Aye Mayor Pro-tern Davis Aye Councilmember Maisano Aye Councilmember Martinez Aye Councilmember Ybarra Aye CONSENT CALENDAR It was moved by Davis and seconded by Martinez to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 5-0. Claims Against the City—Received and Filed 2. None Minutes—To be Received and Filed 3. Minutes of the Regular City Council Meeting held March 17, 2015. Warrant Registers 4. Ratification of the following City Warrant Registers to record the following voided checks: A. City Warrant Register No. 1404 to record voided Check No. 344663 in the amount of$1,700.00; and Page 2 of 9 Regular City Council Meeting Minutes April 7, 2015 B. City Warrant Register No. 1413 to record voided Check No. 345933 in the amount of$400.00; and C. City Warrant Register No. 1417 to record voided Check No. 346453 in the amount of$175.00; and D. City Warrant Register No. 1419 to record voided Check No. 346714 in the amount of$1,213.31. 5. Approval of City Warrant Register No. 1421, totaling$1,381,104.06, which covers the period of March 10 through April 1, 2015, and consists of the following: A. Ratification of wire transfers totaling $924,175.82; and B. Ratification of the issuance of early checks totaling $282,919.60; and C. Authorization to issue pending checks totaling $174,008.64. 6. Approval of Light & Power Warrant Register No. 386, totaling $6,421,406.64, which covers the period of March 10 through April 1, 2015, and consists of the following: A. Ratification of wire transfers totaling $6,231,645.73; and B. Ratification of the issuance of early checks totaling $135,332.66; and C. Authorization to issue pending checks totaling $54,428.25. 7. Approval of Gas Warrant Register No. 174, totaling $1,206,779.70,which covers the period of March 10 through April 1, 2015, and consists of the following: A. Ratification of wire transfers totaling $1,192,607.77; and B. Ratification of the issuance of early checks totaling $6,533.25; and C. Authorization to issue pending checks totaling $7,638.68. Fire Department 8. Activity Report for the period of March 1 through March 15, 2015, to be received and filed. Health and Environmental Control Department 9. Resolution No. 2015 -16 -A Resolution of the City Council of the City of Vernon approving and authorizing the execution of an application for an Enforcement Assistance Grant from the California Department of Resources Recycling and Recovery(CalRecycle). Recommendation: A. Find that the proposed action is exempt under the California Environmental Quality Act("CEQA") in accordance with (i) CEQA Guidelines section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment and (ii) CEQA Guidelines section 15308 because the actions to be funded by the grant are to protect the environment; and B. Adopt a Resolution approving and authorizing the execution of the application for the Enforcement Assistance Grant from the California Department of Recycling and Recovery(CalRecycle) for FY 2015-2016, and authorize the Director of Health and Environmental Control to apply for, receive and expend said grant funds. Page 3 of 9 Regular City Council Meeting Minutes April 7, 2015 Police Department 10. Activity Log and Statistical Summary of Arrests and Activities for the period of March 1, through March 15, 2015,to be received and filed. NEW BUSINESS City Administration Department 11. Resolution No. 2015-17-Adopt a Resolution of the City Council of the City of Vernon approving and authorizing the execution of a second amendment to standard offer, agreement and escrow instructions for the purchase of real estate by and between the City of Vernon and Pechiney Cast Plate,Inc. for property located at 3200 Fruitland Avenue. Economic Development Manager and Successor Agency Staff Alex Kung provided a report on the item. It was moved by Davis and seconded by Maisano to approve Resolution No. 2015-17. Motion carried, 5-0. 12. Appointment of Resident(Non-City Council Member) to fill Vernon Housing Commission Vacancy. Recommendation: A. Find that the recommended actions are exempt from the California Environmental Quality Act("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Ratify the Mayor's selection of Steven Froberg to serve on the Vernon Housing Commission for the remaining term of the vacant Resident(non-City Council member) seat, which expires August 2017. It was moved by Davis and seconded by Ybarra to ratify the Mayor's selection and appoint Steven Froberg to serve on the Vernon Housing Commission. Motion carried, 5-0. Fire Department 13. Approval to Purchase an Urban Search and Rescue Vehicle for the Fire Department. Recommendation: A. Find that approval of the proposed purchase is exempt under the California Environmental Quality Act("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Approve the purchase of a new Urban Search and Rescue Vehicle from Pierce Manufacturing, Inc. (PMI) in the amount of$799,609.82 (the new vehicle would replace the current 1998 vehicle that no longer meets the needs of the department); and authorize the Purchasing Department to issue a purchase order to PMI for the purchase amount($400,000.00 of purchase amount would be eligible for reimbursement through federal grant funding). Fire Chief Wilson provided a report on the necessity of the vehicle and the grant funding that will be utilized to partially pay for the vehicle. Page 4 of 9 Regular City Council Meeting Minutes April 7, 2015 It was moved by Martinez and seconded by Ybarra to approve the purchase of an Urban Search and Rescue Vehicle. Motion carried, 5-0. Gas and Electric Department 14. Approve the North American Energy Standards Board ("NAESB") Contract with CRC Marketing, Inc. ("CRC") for the purpose of buying and selling natural gas to CRC. Recommendation: A. Find that the requested approval is exempt under the California Environmental Quality Act ("CEQA") in accordance with CEQA Guidelines Section 15301(b), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Authorize the Director of Gas & Electric to execute the North American Energy Standards Board ("NAESB") contract by and between the City of Vernon ("City") and CRC Marketing, Inc. ("CRC") in substantially the same form as submitted with the staff report, for the purpose of buying and selling natural gas to or from CRC, in compliance with the general terms established in the agreement. It is further recommended that the City Council find that, pursuant to Vernon Municipal Code § 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. Carlos Fandino, Director of Gas and Electric Department, gave a brief report on the NAESB contract. It was moved by Maisano and seconded by Martinez to approve the North American Energy Standards Board Contract with CRC Marketing, Inc. Motion carried, 5-0. Health and Environmental Control Department 15. Ratify and Acknowledge the Submittal of the Letter by the Green Vernon Commission dated April 2, 2015 to the Air Quality Management District Recommending the Suspending of The Rule Making Process for Rule 415 Odors from Rendering Operations for 180 Days to Review Concerns. Recommendation: A. Find that merely submitting a letter and a possible scope of action are not final actions and do not constitute a"project" subject to the California Environmental Quality Act("CEQA"), and that even if they were, they would be exempt from CEQA under Guidelines section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Ratify and Acknowledge the Submittal of a letter to the Air Quality Management District(AQMD)recommending the suspending of The Rule Making Process for Rule 415 Odors from Rendering Operations for 180 days to review concerns. Leonard Grossberg, Director for Health and Environmental Control Department, gave a brief report on the letter to AQMD. It was moved by Davis and seconded by Ybarra to ratify and acknowledge the submittal of the letter by the Green Vernon Commission to the Air Quality Management District regarding Rule 415. Motion carried, 5-0. Page 5 of 9 Regular City Council Meeting Minutes April 7, 2015 Human Resources Department 16. Resolution No. 2015-18 -A Resolution of the City Council of the City of Vernon declaring the month of April 2015, as "Sexual Assault Awareness Month" and April 29, 2015, as "Denim Day". Recommendation: A. Find that the request to adopt the resolution proclaiming April 2015 as "Sexual Assault Awareness Month" and April 29, 2015 as "Denim Day" is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Adopt a Resolution of the City Council of the City of Vernon declaring the month of April 2015, as "Sexual Assault Awareness Month" and April 29, 2015 as "Denim Day". Teresa McAllister, Director for Human Resources Department, gave a brief report on the resolution. It was moved by Davis and seconded by Ybarra to approve Resolution No. 2015-18. Motion carried, 5-0. Public Works,Water and Development Services Department 17. Bid Award for Rehabilitation of Production Well No. 16, Contract No. CS-0533. Recommendation: A. Find that the proposed Rehabilitation of Production Well No. 16 is exempt under the California Environmental Quality Act ("CEQA") in accordance with CEQA Guidelines Section 15301, subsections (b) and(d), because the project involves negligible or no expansion of use beyond that existing at the time of the lead agency's determination; and B. Accept the bid from General Pump Company, Inc. (the only bid received in response to the solicitation for bids), as the lowest responsive and responsible bidder and enter into a contract, not to exceed $151,180.00, for the Rehabilitation of Production Well No. 16, Contract No. CS-0533. Kevin Wilson, Director of Public Works, Water and Development Services Department, provided a brief report. It was moved by Maisano and seconded by Martinez to accept the bid from General Pump Company, Inc. for Contract No. CS-0533. Motion carried, 5-0. OLD BUSINESS 18. Vernon Housing Commission Recommendations to Sell City-Owned Housing Units in Huntington Park; and Remodel Seven City-Owned Vernon Units to Level of Remodel Projects Performed in 2007/2008. Recommendation: A. Find that the recommended actions are exempt from the California Environmental Quality Act("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. The Vernon Housing Commission recommends the City Council: B. Sell the five City-owned housing units in Huntington Park at fair market value based upon professional appraisals; and Page 6 of 9 Regular City Council Meeting Minutes April 7, 2015 C. Direct City staff to, as quickly as possible, facilitate the remodel of the seven City-owned housing units in Vernon that were not remodeled as part of the 2007/2008 remodel of all other City-owned housing units in Vernon to the standard utilized in 2007/2008. Kristen Enomoto, Deputy City Administrator,provided a brief background on the item. Mayor McCormick asked for public comment. Marisa Olguin, Vernon Chamber of Commerce, addressed the Council. Ms. Olguin announced that the Chamber supports the sale of the Huntington Park units as revenues from the sale could potentially provide a funding source for Vernon housing remodels. Ms. Olguin also commented that the Vernon residents are a priority, and the City should work towards addressing the housing needs of the residents. Mark Whitworth, City Administrator, clarified that all properties are paid for without any outstanding loans. After Council deliberations it was moved by Maisano and seconded by Martinez to sell City- owned housing units in Huntington Park (first selling 3 units so as to use the remaining 2 units to relocate residents of the units that will be remodeled; upon remodel completion the remaining 2 units would then be sold) and remodel seven City-owned Vernon units to the level of remodel projects performed in 2007/2008. Motion carried, 5-0. ORAL REPORTS 19. City Administrator Reports—brief reports on activities and other brief announcements by the City Administrator and Department Heads. Police Chief Daniel Calleros reported on the following: a reported strong arm robbery; a reporting of verbal threats and brandishing of a firearm; officers arrested an individual for speed contest; and,provided an update on the reported sexual assault(from last month) that the victim recanted her statement. Chief Calleros also reported on the results of the Baker-to-Vegas relay. The joined Vernon and San Gabriel PD team attained 5th place. Police Captain Michael Gillman reported on vandalism incidents. Mayor McCormick reported on vandalism observed in the City. Fire Chief Michael Wilson provided an update on the following: two applications received for firework stands; participated in a Paramedic Program Audit on March 4th by the LA County EMS Agency, the department passed with no issues and or follow up; LA RICS is on hold until future project plan amendment; March 24 Blood Drive results; reminder about the MDA Fill the Boot"A" shift May 5t1i. "B" shift May 13th, "C" shift May 21"; recent department trainings; March 17 structure fire; March 18 fire crews responded to assist LA County Fire with a possible suicide attempt; and on March 25 fire crews responded to a structure fire. Director of Public Works, Water and Development Services Kevin Wilson reported on the following: city-owned sewer line that collapsed on March 31, and the city's response for repair; update on the Governor's drought order, the city's implementation, and how this executive order has now been incorporated into code; the new standards that the Governor wants to incorporate with regards to water usage restrictions; Director of Gas and Electric Carlos Fandino reported on recent outages; he will be attending a hearing on RPS in Sacramento; the city has a new solar customer. Finance Director William Fox provided a PowerPoint presentation on the budget planning schedule and process. The budget work study sessions will be presented at the May 5 and 19 Council meetings (as part of the regular City Council meetings). Mr. Fox also provided an update on the City's bond financing. Page 7 of 9 Regular City Council Meeting Minutes April 7, 2015 Director of Health and Environmental Control Leonard Grossberg provided a brief update on the Exide closure. Mr. Grossberg also reported that the Thermador site did close on escrow. Director of Human Resources Teresa McAllister announced the following: April 28 citywide "Performance Evaluation Training" session offered to employees; June 10 Employee Appreciation BBQ; and the recent quarterly secretaries' meeting. The HR department continues to work on department recruitment needs and continue work on updating HR policies. Economic Development Manager and Successor Agency Staff Alex Kung announced that the next Oversight Board meeting is scheduled for May 7, at which time he will be recommending moving towards quarterly meetings. Mr. Kung also reported that the City did receive approval for ROPS (less $200,000) for which payments will go toward the City bond payments. City Clerk Maria Ayala reported on the upcoming general election,ballots received to date, scheduled canvassing of the votes, and the staff report to be presented at the April 21 Council Meeting regarding results. Ms. Ayala also announced that Vernon would be hosting a brief session for local City Clerks in the upcoming weeks. Senior Advisor to the City Administrator Fred MacFarlane provided an update on the Vernon CommUNITY Fund Grant(ceremonial) check presentations. City Administrator Mark Whitworth announced the following: Ernest Smith as the new IT Manager, Mr. Smith was an internal candidate successfully promoting into this position; Vernon Chamber of Commerce Installation Luncheon on April 29; and the upcoming City Managers' Meeting in South Gate regarding the closure of Exide. 20. City Council Reports—brief report on activities, announcements, or directives to staff. Mayor McCormick thanked Councilmember Maisano for his years of service to the City. Councilmember Ybarra announced that she recommends staff look into additional housing for the City as direction to Director Kevin Wilson. Mayor McCormick announced at 10:38 a.m. that the meeting would take a brief recess. The meeting reconvened at 10:44 a.m. CLOSED SESSION At 10:44 a.m. the City Council entered into closed session to discuss the following agendized items. 21. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION Government Code Section 54956.9(d)(1) Name of Case: Ray Shelton v. City of Vernon Workers Compensation Appeals Board Claim No. 97500402 22. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (2) Government Code § 54957(b)(1) Titles: City Attorney and Deputy City Attorney At 11:53 a.m. the City Council exited closed session Deputy City Attorney Brian Byun announced that there was no reportable action. Page 8 of 9 Regular City Council Meeting Minutes April 7, 2015 With no further business, at 11:53 a.m., Mayor McCormick adjourned the meeting. W. Michael McCormick Mayor ATTEST: Maria E. Ayala City Clerk Page 9 of 9 a�vgR* R E C ��D APR 15 2015 `• �,.r��` � RECEIVED U-. CITY CLERK'S OFFICE STAFF REPORT APR 15 2015 CITY ADMINIST TID FINANCE/TREASURY DEPARTMENT DATE: April 14, 2015 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director(j/4f RE: City Payroll Warrant Register for City Council Agenda of April 21, 2015 It is recommended that the attached Payroll Warrant Register No. 706 be approved at the City Council meeting of April 21, 2015 Payroll Warrant Register No. 706 totals $2,616,139.62, and covers claims and demands presented for March 1, 2015 to March 31, 2015, drawn from East West Bank, Payroll Account. The following list details the components of Payroll Warrant Register No. 706: 1. Ratification of direct deposits, checks and taxes totaling $1,863,797.66; and 2. Checks and electronic fund transfers (EFT) paid through General bank account totaling $752,341.96. Raquel Franco 1 4/14/2015 9:53 AM PAYROLL WARRANT REGISTER City of Vernon No. 706 Month of March 2015 1 hereby Certify: that claims or demands covered by the This is to certify that the claims or demands above listed warrants have been audited as to accuracy covered by the above listed warrants have been and availability of funds for payments thereof; and that audited by the City Council of the City of Vernon said claims or demands are accurate and that funds are and that all of said warrants are approved for pay- available for payments thereof. ments William Fox DATE Director of Finance DATE Date: Page 1 of 1 Payroll Warrant Register Memo.As:Warrant Payrolls reported for the month of March: 02/08/15 -02/21/15, Paydate 03/05/15 02/22/15 -03/07/15, Paydate 03/19/15 Payment Method Date Payment Description Amount Checks 03/05/15 Net payroll, checks $ 24,443.30 ACH 03/05/15 Net payroll, direct deposits 704,563.95 ACH 03/05/15 Payroll taxes 194,882.06 Checks 03/19/15 Net payroll, checks 25,748.27 ACH 03/19/15 Net payroll, direct deposits 714,592.58 ACH 03/19/15 Payroll taxes 199,567.50 Total net payroll and payroll taxes 1,863,797.66 ACH 03/05/15 ICMA 25,570.33 ACH 03/05/15 CalPERS 327,411.31 ACH 03/05/15 California State Disbursement Unit 3,949.34 346817 03/05/15 Sandra Bingman 2,000.00 346804 03/05/15 Franchise Tax Board 1,020.32 346806 03/05/15 IBEW Dues 2,668.63 346825 03/05/15 Vernon Firemen's Association 3,215.00 346826 03/05/15 Vernon Police Officers' Benefit Association 1,887.60 ACH 03/19/15 ICMA 28,364.57 ACH 03/19/15 CalPERS 342,223.97 ACH 03/19/15 California State Disbursement Unit 3,657.97 346999 03/19/15 Sandra Bingman 2,000.00 346996 03/19/15 Franchise Tax Board 1,020.32 347001 03/19/15 Teamsters Local 911 2,250.00 347003 03/19/15 Vernon Firemen's Association 3,215.00 347004 03/19/15 Vernon Police Officers'Benefit Association 1,887.60 Payroll related disbursements, paid through General bank account 752,341.96 Total net payroll,taxes, and related disbursements $ 2,616,139.62 Page 1 of 7 F F Rw ` l RECEIVED �rtr rN v�r APR 15 2015 STAFF REPORT CITY ADMINISTRATION FINANCE/TREASURY DEPARTMENT DATE: April 14, 2015 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director WN� RE: City Warrant Register for City Council Agenda of April 21, 2015 It is recommended that the attached City Warrant Register No. 1422 be approved at the City Council meeting of April 21, 2015. City Warrant Register No. 1422 totals $940,930.98, and covers claims and demands presented during the period of April 2 through April 13, 2015, drawn, or to be drawn, from East West Bank. The following list details the components of City Warrant Register No. 1422: 1. Ratification of wire transfers totaling $589,824.43; 2. Ratification of the issuance of early checks totaling $196,679.41; and 3. Authorization to issue pending checks totaling $154,427.14. OF;�,� CITY OF VERNON WARRANT REGISTER NO. 1422 ` APRIL 21, 2015 I hereby certify that claims and/or demands included in above listed warrant This is to certify that the claims or demands covered by the above listed register have been audited for accuracy and availability of funds for warrants have been audited by the City Council of the City of Vernon and payments and that said claims and/or demands are accurate and that the that all of said warrants are approved for payments except Warrant funds are available for payments thereof. Numbers: William Fox Finance Director Date: Printed:4114/2015 2:01:58PM Page 2 of 24 CITY OF VERNON WARRANT REGISTER NO. 1422 APRIL 21, 2015 WIRES _ ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT ICMA RETIREMENT TRUST 457 011.210220 30,553.80 Deferred Compensation: Payment Ben180389 1158 04/02/2015 30.553.80 CALPERS 011.210240 326,835.34 PERS Contributions: Payment Ben180391 1159 011.210240 235.29 PERS Survivor's Benefit: Payment Ben180391 1159 011.210240 1,608.48 PERS Buy-back: Payment Ben180391 1159 011.1004.502020 -0.20 PERS Contributions:Adjustment Ben180391 1159 04/06/2015 328,678.91 CITY OF VERNON, FSA ACCOUNT 011.100013 497.68 FSA-Dependent: Payment Ben180395 1160 011.100013 311.93 FSA- Medical: Payment Ben180395 1160 04/02/2015 809.61 STATE DISBURSEMENT UNIT 011.210260 3,714.27 Child Support: Payment Ben180397 1161 04/06/2015 3,714.27 WATER REPLENISHMENT 020.1084.500110 141,865.80 Groundwater Production 013115 1162 DISTRICT 04/10/2015 141,865.80 CENTRAL BASIN MWD 020.1084.500130 63,402.26 Capacity Charge VERFEBI5 1163 020.1085.500130 12,246.64 Capacity Charge VERFEBI5 1163 04/10/2015 75,648.90 DLA PIPER LLP(US) 011.1023.593200 8,553.14 Pechiney Property 3120223 1164 04/1012015 8,553.14 TOTAL WIRES $ 589,824.43 Printed 4/14/2015 2 01 58PM Page 3 of 24 CITY OF VERNON WARRANT REGISTER NO. 1422 APRIL 21, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT AFLAC 011.210223 12,937.29 Supplemental Ins-01/15 569127(B) 347148 04/02/2015 12,937.29 DEHART CONSTRUCTION 011.1041.466200 42.12 Refund Permit Fees 032515 347149 SERVICES 011.1041.410210 64.80 Refund Permit Fees 032515 347149 04/02/2015 106.92 FEDEX 011.1003.520000 411.34 Service Period: 03/15 296735135(B) 347150 04/02/2015 411.34 FRANCHISE TAX BOARD 011.210260 180.00 Garnishment: Payment Ben180385 347151 011.210260 840.32 Garnishment: Payment Ben180385 347151 04/02/2015 1,020.32 HSA BANK 011.1024.502030 1,250.00 HSA Employer Contribution 033015 347152 04/02/2015 1,250.00 IBEW LOCAL47 011.210250 2,668.63 IBEW Dues: Payment Ben180379 347153 04/02/2015 2,668.63 JOE A. GONSALVES&SON 011.1002.596200 5,000.00 Contract Services 25164 347154 04/02/2015 5,000.00 NORTH PARK HOA 011.1048.560000 230.00 Association Dues: 2915 60Th PL 031815 347155 011.1048.560000 230.00 Association Dues: 6010 Oak St. 031815(B) 347155 04/02/2015 460.00 SANDRA D. BINGMAN 011.210260 2,000.00 GARNISHMENTS: Payment Ben180381 347156 Printed 4/14/2015 2,01:58PM Page 4 of 24 CITY OF VERNON WARRANT REGISTER NO. 1422 APRIL 21, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 04/02/2015 2,000.00 SERGIO CANALES 011.1048 530015 321.71 Reimb. Property Tax 040115 347157 04/02/2015 321.71 SOUTHERN CALIFORNIA EDISON 011 1043.560000 83.47 Service Period: 02/13-03117 031815 347158 04/02/2015 83.47 THE GAS COMPANY 011.1033.560000 439.80 Service Period: 03/15 031615VRS 347159 011.1043.560000 199.14 Service Period: 03/15 031615VRS 347159 011.1048.560000 29.29 Service Period:03/15 031615VRS 347159 011.1049.560000 1,808.62 Service Period: 03/15 031615VRS 347159 020.1084.560000 199.14 Service Period: 03/15 031615VRS 347159 04/02/2015 2,675.99 JERRICK TORRES 011.1060.596500 64.98 UC Regents Urban Conference 032515 347160 04/02/2015 64.98 VERNON FIREMEN'S 011.210250 3,215.00 Fire House Fund: Payment Ben180383 347161 ASSOCIATION 04/02/2015 3,215.00 ASSOCIATION VERNON POLICE 011.210250 1,887.60 Police Association Member Dues: Ben180377 347162 OFFI Payment 04/02/2015 1,887.60 ALAMITOS DERMAT. MD 011.1026.502031 63.18 Medical Expense: B. Malkenhorst 021815 347163 CLINIC,INC 04/07/2015 63.18 Printed,4114/2015 2:01:58PM Page 5 of 24 CITY OF VERNON WARRANT REGISTER NO. 1422 APRIL 21, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT ALLSTAR FIRE EQUIPMENT INC. 011 1033.540000 256.15 Haix Structure Boots- 179804 011.0009926 347164 04/07/2015 256.15 ANA RUEDA 011.1026.520000 19.61 Office Supplies 040615 347165 04/07/2015 19.61 BRUCE V.MALKENHORST, SR. 011 1026.502031 8.33 RX Reimbursement 040115 347166 011.1026.502031 100.00 RX Reimbursement 040115(B) 347166 011.1026.502031 138.68 Medical Reimbursement 040115(C) 347166 04/07/2015 247.01 CPR SAVERS 011 1061.520000 87.66 First Aid Kits:- 95061 011.0010497 347167 011 1061.520000 14.50 Freight 95061 011,0010497 347167 011 1061.520000 6.57 Sales 7.5 95061 347167 04/07/2015 108.73 HOAG URGENT CARE 011.1026.502031 35.00 Medical Expense:V. Malkenhorst 030315 347168 HUNTINGTON 04/07/2015 35.00 HOME DEPOT CREDIT SERVICES 011.1033.520000 304.40 Small tools 8 plumbing hardware-- 020215VRS 011.0009919 347169 04/07/2015 304.40 L.B JOHNSON HARDWARE CO.#1 011 1033.520000 98.69 Hardware supplies- 022715VRS 011.0009932 347170 04/07/2015 98.69 L.N. CURTIS& SONS 011,1033.540000 4,26751 G-Xtreme Turnout Gear- 022315VRS 011.0010029 347171 011.1033.540000 1,56400 SCBA Maintenance Services 616148216161493 011.0009964 347171 Printed'4/14l2015 2=01:58PM Page 6 of 24 CITY OF VERNON WARRANT REGISTER NO. 1422 APRIL 21, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 04/07/2015 5,831.51 LIFE-ASSIST, INC 011 1033.520000 2,846 03 EMS Supplies-- 022515VRS 011 0010282 347172 04/07/2015 2,846.03 MICHAEL DOCHERTY 011.1031 596500 508 90 Sergents Supervisory Course 021115 347173 04/07/2015 508.90 NAPA AUTO PARTS 011 1046.520000 1,744.57 Auto Parts- 030215VRS 011.0010024 347174 04/07/2015 1,744.57 ROBERT M. STERN 011.1002.596200 2,422.00 Professional Services 033115 347175 04/07/2015 2,422.00 WESLEY M. KOBAYASHI, Dpm, 011.1026.502031 15.46 Medical Expense: V. Malkenhorst 030415 347176 INC. 04/07/2015 15.46 ADLERHORST INTERNATIONAL, 011.1031 596700 266.66 K-9 TRAINING- 30092 011 0009925 347177 INC 011.1031.596700 266.66 K-9 TRAINING- 30394 011.0009925 347177 04/09/2015 533.32 MARIAAYALA 011 1003.596550 31.51 FPPC Training/SCCCA Meeting 032315 347178 04/09/2015 31.51 CALIFORNIA WATER SERVICE CO. 011.1043.560000 43.91 Service Period: 02/24-03/23 032415VRS 347179 011.1033 560000 97.83 Service Period: 02/24-03/23 032415VRS 347179 04/09/2015 141.74 Printed 4/14/2015 2 01 58PM Page 7 of 24 CITY OF VERNON WARRANT REGISTER NO. 1422 APRIL 21, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT ERIK CHENG 011 1060.596500 65.55 Urban Pest Mgmt Conference 033015 347180 04/09/2015 65.55 CHEVRON AND TEXACO 011.1031.570000 508.16 Service Period: 03/15 43850447 347181 BUSINESS 04/09/2015 508.16 COMMUNITY PARTNERS ON 011.1021.797000 10,000.00 Community Fund Grant 040615 347182 BEHALF 04/09/2015 10,000.00 DIVISION OF THE STATE 011.200235 373.20 FEE REPORT FOR SB1186- 1 st QTR 040815 347183 04/09/2015 373.20 JEMMOTT ROLLINS GROUP, INC 011 1021.596200 10,000.00 Professional Services MAR15 347184 04/09/2015 10,000.00 L.B. JOHNSON HARDWARE CO.#1 011.1046.520000 131.56 Plumbing and building hardware-- 031215VRS 011.0009958 347185 011.1049.520000 23.59 Plumbing and building hardware- 031215VRS 011.0009958 347185 04/09/2015 155.15 LIEBERT CASSIDY WHITMORE 011.1026.596700 55.00 Registration Expense:T. McAllister 040215 347186 04/09/2015 55.00 MERRIMAC ENERGY GROUP 011.120030 5,907.05 Unleaded Fuel. 031815VRS 011.0010534 347187 011.120030 10.40 CA Enviro/Fed Oil Spill Tax 031815VRS 011.0010534 347187 011.120030 8.22 A832 Fee Phase 384 031815VRS 011.0010534 347187 011.120030 1,063.80 State Gasoline Excise Tax 031815VRS 011.0010534 347187 011 120030 2.96 Lust Fee 031815VRS 011.0010534 347187 Pnnted 4/14/2015 2:01:58PM Page 8 of 24 CITY OF VERNON WARRANT REGISTER NO. 1422 APRIL 21, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT MERRIMAC ENERGY GROUP 011.120030 4,310.42 Diesel Fuel 031815VRS 011.0010534 347187 011.120030 7.40 AB32 Fee Phase 3&4 031815VRS 011.0010534 347187 011 120030 4.36 Federal Oil Spill Tax 031815VRS 011.0010534 347187 011.120030 251.35 State Diesel Excise Tax 031815VRS 011.0010534 347187 011.120030 2.29 Lust Fee 031815VRS 011.0010534 347187 011.120030 727.06 031815VRS 347187 04/09/2015 12,295.31 LYNDON ONG YIU 011.1060.596500 27.77 UST Technical Advisory Meeting 040215 347188 04/09/2015 27.77 PACKERS INVESTORS, LLC 011.230230 10,000.00 Refund Encroachment Deposit 040715 347189 04109/2015 10,000.00 PIC ENVIRONMENTAL SERVICE 011.1023.900000 12,100.00 OU2 Industrial Parcels 15233 347190 CORP 04/09/2015 12,100.00 RICHARD VELASQUEZ 011 1031.596500 21.85 Firearms/Tactical Rifle Advance 031215 347191 04/09/2015 21.85 SOUTHEAST CHURCHES SERVICE 011 1021.797000 50,000.00 Community Fund Grant 040615 347192 04/09/2015 50,000.00 SOUTHERN CALIFORNIA EDISON 011.1043.560000 35.73 Service Period: 03/15 040115(B) 347193 04/09/2015 35.73 THE GAS COMPANY 011 1049.560000 478.28 Service Period: 02/11 -03/13 032715 347194 Printed:4/14/2015 2:01 58PM Page 9 of 24 CITY OF VERNON WARRANT REGISTER NO. 1422 APRIL 21, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 04/09/2015 478.28 THE TIDES CENTER ON BEHALF 011.1021.797000 40,000.00 Community Fund Grant 040615 347195 OF 04/09/2015 40,000,00 UNDERGROUND SERVICE ALERT 020.1084.596200 106.50 New Ticket Charges 220150768(8) 347196 04/09/2015 106.50 UPS 011.1033.520000 42.87 Service Period:03/15 933312115 347197 011.1041.520000 207.64 Service Period: 03/15 933312115 347197 011 1043.520000 58.97 Service Period: 03115 933312115 347197 011.1033.520000 11.28 Service Period: 03/15 933312125(8) 347197 011.1041 520000 37.21 Service Period: 03115 933312125(B) 347197 011.1043.520000 27.88 Service Period: 03/15 933312125(B) 347197 04/09/20 i 5 385.85 WELLS FARGO BANK, N.A. 011,1002.592010 760.00 Bank Fees 9632363 347198 04/09/2015 760.00 TOTAL EARLY CHECKS $ 196,679.41 Printed:4/14/2015 2:01:58PM Page 10 of 24 CITY OF VERNON WARRANT REGISTER NO. 1422 APRIL 21, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT 101 PIPE AND CASING, INC 020.1084.900000 18,312.00 Supply 400'of 3.5"x 2.1875 Oil Lube 35125 011.0010454 347199 020.1084.900000 955.50 Supply Twenty-One (21)2.1875"Steel 35125 011.0010454 347199 020.1084.900000 17,240.00 Supply 400'of 12" .406W Schedule 40 35125 011.0010454 347199 020 1084.900000 87.50 Supply Ten (10) 3.5"x 12" Black Widow 35125 011 0010454 347199 36,595.00 ADLERHORST INTERNATIONAL, 011.1031.596700 266.66 K-9 TRAINING-- 30765 011.0009925 347200 INC 266.66 ADVANCED ELECTRONICS, INC. 011.1036.520000 5,472.75 Repairs&Maintenance 148514IN 347201 011.1036.590000 499.34 Repairs&Maintenance 148777IN 347201 011.1036.596200 1,331.56 Repairs&Maintenance 148777IN 347201 7,303.65 ALLAMERICAN ASPHALT 011.1043.900000 3,306.15 Slurry Placement 165690 347202 3,306.15 ALL CITY MANAGEMENT 011.1031.594200 500.10 School Crossing Guard 38472 347203 SERVICES, 500.10 BATTERY SYSTEMS 011.1046.520000 62418 Vehicle batteries- 030515VRS 011.0009955 347204 624.18 BROWNELLS, INC. 011.1031.520000 71.92 1"Blued Lock-Down Sling Swivel, Only 11028411 011.0010526 347205 011.1031.520000 7.95 Freight 11028411 011.0010526 347205 79.87 Printed 4/14/2015 2 01 58PM Page 11 of 24 CITY OF VERNON WARRANT REGISTER NO. 1422 APRIL 21, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT CALIF. DEPT. OF PUBLIC HEALTH 011.1060.596550 360.00 Recertification Fees- 032415 347206 36000 CALIFORNIA FRAME&AXLE 011.1046.520000 1,090.18 Front end repair- 030415VRS 011.0009956 347207 1,09018 CALOLYMPIC SAFETY 011.120010 106.20 0621-702 Respirator Half Mask, size: 3384031/338403 011.0010516 347208 011.120010 215.76 0621-714 Cartridge Organic Vapor P100 3384031/338403 011.0010516 347208 011.120010 558.30 0621-764 Cartridge with filter, P100 3384031/338403 011.0010516 347208 011.1043.520000 140.00 Hood Fit Test Moldex, 1 per pack, item 3384031/338403 011.0010516 347208 011,1043.520000 107.20 Glide Earplug Foam Twist Uncoirder, 3384031/338403 011.0010516 347208 011.1043.520000 10.00 Alcohol Free Respirator Wipes, 100 per 3384031/338403 011.0010516 347208 011120010 13.72 Freight 3384031/338403 011.0010516 347208 011.1043.520000 36.05 Freight 33840311338403 011.0010516 347208 011.120010 79.23 Sales Tax 3384031/338403 347208 011.1043.520000 23.15 Sales Tax 3384031/338403 347208 1,289.61 CALOX INC 011.1033.520000 8.50 Cylinder Oxygen 81423 347209 011.1033.520000 30.50 Oxygen Gas 86529 347209 39.00 CAMINO REAL CHEVROLET 011.1046.520000 163.66 Auto parts for cars and trucks.- 50511150842 011.0009914 347210 163.66 CAPITAL ACCOUNTING PARTNERS 011,1004.595200 1,300.00 Cost Allocation Plan 80577 347211 Printed:4114/2015 2:01:58PM Page 12 of 24 CITY OF VERNON WARRANT REGISTER NO. 1422 APRIL 21, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.Q.# NUMBER AMOUNT 11,300.00 CASE ANYWHERE LLC 011.1024.596200 130.00 System Access Fee 45832 347212 130.00 CENTRAL FORD 011.1046.590000 85.00 Labor only to diagnose Central Ford C81190 011.0010506 347213 011.1046 520000 119.95 BXT-65-650 motorcraft battery C81944 011.0010515 347213 011.1046.520000 19.36 F8AZ-13550-AA license plate light assy C81944 011.0010515 347213 011.1046.520000 13.93 Sales Tax 10.00 C81944 347213 011,1046.520000 35.37 AL8Z-19E616-F air flow blend door C82028 011.0010543 347213 011.1046 520000 26.23 5M6Z-19N619-AA pollen filter C82028 011.0010543 347213 011.1046.590000 358.41 Labor to diagnose and repair C82028 011.0010543 347213 011.1046.520000 6.16 Sales Tax 10.00 C82028 347213 664.41 CITY OF CLAREMONT 011.1024.593200 310.00 Property Tax Admin. Fee 033015 347214 310.00 COASTLINE SUPPLIES 020.1084.520000 170.00 Gas Detector Calibration Service, 49063 011.0010557 347215 170.00 COMPRESSED AIR SPECIALTIES 011.1033.590000 1,569.06 Annual Service 25332 347216 INC 1,569.06 CT CORPORATION 011.1003.596200 284.00 Vernon Historic Preservation Society 5002151857 347217 284.00 Punted:4/14/2015 2 01,58PM Page 13 of 24 CITY OF VERNON WARRANT REGISTER NO. 1422 APRIL 21, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT DAPPER TIRE COMPANY 011.1046.520000 372.30 Goodyear eagle rs-a tires 41708730 011.0010545 347218 011.1046.590000 5.25 State tire fee 41708730 011 0010545 347218 011.1046.520000 33.51 Sales Tax 41708730 347218 411.06 DAVID KIMES 011.1026.596800 268.94 Tuition Reimbursement 032115 347219 268.94 DEWEY PEST CONTROL 011.1033.520000 27.00 Pest Control Service 9207542 347220 011.1033.520000 25.00 Pest Control Service 9207543 347220 011.1033.520000 25.00 Pest Control Service 9207544 347220 011.1033.520000 25.00 Pest Control Service 9209620 347220 102.00 DR DAVID N. STEIN 020.1084.502030 7500 Vision Benefits: Child 032415 347221 75.00 DTSC 011.123100 4,604.76 Former Thermador Industrial Site 14SM3450 347222 4,604.76 EMPIRE SAFETY& SUPPLY 011.120010 42.76 0670-090 Safety Vests,color: Orange, 69634/69987 011.0010441 347223 011.120010 106.90 0670-100 Safety Vests, color: Orange, 69634/69987 011.0010441 347223 011.120010 10690 0670-110 Safety Vests, color: Orange, 69634/69987 011.0010441 347223 011.120010 106.90 0670-120 Safety Vests, color: Orange, 69634/69987 011.0010441 347223 011.120010 42.76 0670-130 Safety Vests, color: Orange, 69634/69987 011 0010441 347223 011.120010 42.76 0670-140 Safety Vests, color: Orange, 69634/69987 011.0010441 347223 Printed 4/14/2015 2 01:58PM Page 14 of 24 CITY OF VERNON WARRANT REGISTER NO. 1422 APRIL 21, 2015 PRINTED CHECKS _ ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT EMPIRE SAFETY&SUPPLY 011.120010 42.76 0671-090 Safety Vests, color: 69634/69987 011.0010441 347223 011.120010 42.76 0671-130 Safety Vests, color: 69634/69987 011.0010441 347223 011.120010 20.00 0620-400 Fingertip Bandages, item 69634/69987 011.0010441 347223 #PAC 011.120010 17.00 0620-410 Knuckle Bandages Strips, 8 69634/69987 011.0010441 347223 011.120010 61.40 0620-420 Adhesive Bandage Strips, 1"X 69634/69987 011.0010441 347223 011.120010 122.76 0620-990 SunX SPF 30+Sunscreen, 50 69634/69987 011.0010441 347223 011.120010 30.92 Freight 69634/69987 011.0010441 347223 011.120010 68.02 Sales Tax 69634/69987 347223 854.60 F GAVINA& SONS INC. 011.120010 46080 0500-100 Regular Coffee, 42- 1.5 oz. 3318479/3316030 011.0010501 347224 011.120010 2,788.80 0500-105 Gavina Gourmet Drip Coffee, 3318479/3316030 011.0010501 347224 011.120010 31.36 0500-145 Coffee Filters, 12 cup 3318479/3316030 011.0010501 347224 011 120010 33.00 0500-160 Coffee Decanters for regular 3318479/3316030 011.0010501 347224 011.120010 5.80 Sales Tax 3318479/3316030 347224 3,319.76 FIRE APPARATUS SOLUTIONS 011.1033.570000 734.65 Repairs& Maintenance 9280 347225 011A033.570000 1,672.51 Repairs&Maintenance 9281 347225 011 1033.570000 291.97 Repairs&Maintenance 9283 347225 011.1033.570000 913.92 Repairs&Maintenance 9284 347225 011.1033.570000 747.02 Repairs&Maintenance 9285 347225 011.1033.570000 1,088.72 Repairs& Maintenance 9286 347225 011.1033.570000 81659 Repairs & Maintenance 9287 347225 Printed 4/1412015 2 01:58PM Page 15 of 24 CITY OF VERNON WARRANT REGISTER NO. 1422 APRIL 21, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT FIRE APPARATUS SOLUTIONS 011.1033.570000 6,397.11 Repairs&Maintenance 9288 347225 011.1033.570000 265.16 Repairs&Maintenance 9290 347225 011.1033.570000 174.34 Repairs&Maintenance 9292 347225 13,101 99 GARVEY EQUIPMENT COMPANY 011.1046.520000 180.11 Lawn equipment parts&service-- 80959/81125/8153 011.0009915 347226 3 180A 1 GE MOBILE WATER INC. 011 1033.520000 34.88 Water Purification System 1283061 347227 011.1033.520000 249.61 Water Purification System 97347358 347227 011 1033.520000 90.16 Water Purification System 97589855 347227 011.1033.520000 113.36 Water Purification System 97606065 347227 011 1033.520000 11336 Water Purification System 97606067 347227 011.1033.520000 90A6 Water Purification System 97631770 347227 011.1033.520000 98.88 Water Purification System 97631771 347227 011.1033.520000 113.36 Water Purification System 97647713 347227 011 1033.520000 113.36 Water Purification System 97649427 347227 1,017.13 H & H WHOLESALE PARTS 011.1046.520000 195.40 delco front brake pads 11NO018220 011 0010546 347228 011.1046.520000 17.59 Sales Tax 11NO018220 347228 212.99 LLC HARRINGTON INDUSTRIAL 011.1049.520000 115.20 All-Flo Muffler for 1"Pump, item 106221 011 0010504 347229 PLAS 011.1049.520000 15.87 Freight 106221 011 0010504 347229 Printed:4/14/2015 2 01;58PM Page 16 of 24 CITY OF VERNON WARRANT REGISTER NO. 1422 APRIL 21, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT LLC HARRINGTON INDUSTRIAL 011.1049.520000 11.81 Sales Tax 106221 347229 PLAS 142.88 STEVEN HARTSFIELD 011.1049.502030 157.98 Vision Benefits: Spouse 032615 347230 157.98 HUNTINGTON PARK RUBBER 011.1047.520000 41.90 Repair self-inking date stamp as 265602IN 011.0010552 347231 STAMP 011.1047.520000 35.15 Same as Above.- 265602IN 011.0010552 347231 011.1047.520000 6.94 Sales Tax 265602IN 347231 011.1003.520000 13.20 2"x10"BLACK WITH WHITE FONT 265794IN 011.0010555 347231 NAME PLATE 011.1003.520000 12.20 2"x10"BLACK WITH WHITE FONT 2657941N 011.0010555 347231 NAME PLATE 011.1003.520000 2.29 Sales Tax 265794IN 347231 011.1049.520000 13.20 Sign 16020A-- 265795IN 011.0010554 347231 011.1049.520000 8.25 0104810- 265795IN 011.0010554 347231 011.1049.520000 1.93 Sales Tax 265795IN 347231 135.06 JCL BARRICADE COMPANY 011.120010 930.80 Red Curb Paint Bright Ennis, 5 gallons 78315 011.0010558 347232 011.120010 40.00 Freight 78315 011.0010558 347232 011.120010 87.37 Sales Tax 78315 347232 1,058.17 JERRY'S AUTO BODY INC 011.1046.520000 110.25 Parts to repair front end collision 28793 011.0010514 347233 011.1046.520000 333.30 Paint&material 28793 011.0010514 347233 Printed 4/14/2015 2:01 58PM Page 17 of 24 CITY OF VERNON WARRANT REGISTER NO. 1422 APRIL 21, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT JERRY'S AUTO BODY INC 011.1046.590000 1,628.40 Labor to repair front end collision 28793 011.0010514 347233 011.1046 520000 39.92 Sales Tax 28793 347233 2.111.87 JONATHAN SUDDUTH 011.1026.596800 303.93 Tuition Reimbursement 031515 347234 303.93 JUDICIAL DATA SYSTEMS CORP. 011.1031.594200 100.00 Parking Activity 5231 347235 100.00 KAFCO SALES CO. 011.120010 512.50 Extended Cuff Hero Gloves, size: 392306 011.0010518 347236 011.120010 46.13 Sales Tax 392306 347236 558.63 KJ SERVICES 011.1060.595200 150.00 Bottle&Can Recycling Program 8317 347237 011.1060.595200 4,699.20 Used Oil Trucking Grant Program 8318 347237 4,849.20 LOPEZ& LOPEZ TIRE SERVICE 011.1046.520000 516.49 Tires and repairs— 030415VRS 011.0009959 347238 516.49 LOS ANGELES COUNTY ASSES. 011.1041.595200 205.81 Maps& Postage 15ASRE256 347239 OFC. 205.81 MARTIN&CHAPMAN COMPANY 011.1003.596300 454.04 Candidate Statements 2015067 347240 011.1003.596300 451.86 Candidate Statements 2015068 347240 905.90 Printed'411412015 2:01.58PM Page 18 of 24 CITY OF VERNON WARRANT REGISTER NO. 1422 APRIL 21, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT MASAMI HIGA 011.1026.596800 2,200.00 Tuition Reimbursement 032515 347241 2,200.00 MCMASTER-CARR SUPPLY 011 1046.520000 21.60 98416A013 retainer pins with wire lock 25773453 011.0010513 347242 COMPANY 011.1046.520000 47.90 98412A215 hitch pins 25773453 011.0010513 347242 011.1046.590000 5.80 Freight 25773453 011.0010513 347242 011.1046.520000 6.25 Sales Tax 25773453 347242 81.55 NET TRANSCRIPTS, INC. 011.1031.596200 110.25 Transcripts Services 31315138 347243 110.25 PACIFIC COMMERCIAL TRUCK 011 1046 590000 65000 Labor to install 2" receivers and 20017 011.0010541 347244 BODY 650.00 QUINN CO. 011.1046 520000 111.67 168-4609 ignition switch PC810697710 011.0010544 347245 011.1046.590000 10.20 Freight PC810697710 011.0010544 347245 011.1046.520000 10.06 Sales Tax PC810697710 347245 131.93 RICHARDS, WATSON &GERSHON 011.1024.593200 2,157.00 LA MS4 Permit Petition 200499 347246 2,157.00 SILVA'S PRINTING NETWORK 011 1031.520000 241.80 Generic Business Cards- Police Dept— 25741 011.0010519 347247 011.1031.520000 21.76 Sales Tax 25741 347247 011.1003.520000 64.00 Business Cards, llbox of 1,000 to read: 25742 011.0010536 347247 Printed 4/14/2015 2:01:58PM Page 19 or 24 CITY OF VERNON WARRANT REGISTER NO. 1422 APRIL 21, 2015 PRINTED CHECKS _ ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT SILVA'S PRINTING NETWORK 011.1003.520000 5.76 Sales Tax 25742 347247 333.32 SPECIALTY TECHNICAL 011.1060.596600 660.00 Hazardous Materials Enforcement-- R11143392 347248 PUBLISHERS 011 1060.596600 535.00 Hazardous Materials Program- R11143407 347248 1,195.00 SUPER FORD 011.1046.520000 598.05 Auto parts for cars&trucks.- 030315VRS 011.0009916 347249 598.05 SUPERIOR CT OF CAL OF LA 011.1031.594200 209.50 Parking Citations 031615 347250 209.50 THE LIGHTHOUSE INC 011.1046.520000 307 44 Auto parts&electrical supplies- 030315VRS 011.0009917 347251 307.44 THOMSON REUTERS 011.1060.596600 1,630.64 Subscription Charges 831077696 347252 1,630.64 TODD PAINTON 011.1026.596800 257.00 Tuition Reimbursement 022815 347253 011.1026.596800 250.00 Tuition Reimbursement 032815 347253 507.00 TRANSCORE ITS, LLC 011.3043.900000 40,903.00 Traffic Control System Project 1500745 347254 40,903.00 TYLER SHOOK 011.1033.502030 200.00 Vision Benefits: Spouse 032415 347255 Printed 4l1412015 2 01:58PM Page 20 of 24 CITY OF VERNON WARRANT REGISTER NO. 1422 APRIL 21, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT 200.00 U.S. HEALTHWORKS MEDICAL 011.1026.597000 240.00 Pre-Employment Physical 2672761CA 347256 GROUP 240.00 URBAN RESTORATION GROUP 011.120010 594.00 1 gallon Bare Brick Stone& Masonry, 13111 011.0010540 347257 U.S. 011.120010 55.00 Freight 13111 011.0010540 347257 011.120010 53.46 Sales Tax 13111 347257 702.46 USA BLUE BOOK 020.1084.520000 468.00 Captor- 15 gallon, Calcium 594750/4875/4876 011.0010538 347258 020.1084 520000 37.56 10"X 14" Danger Sign: Flammable,vinyl 594750/487514876 011.0010538 347258 020.1084.520000 19.78 7"X 10" Notice Sign: Empty Cylinder, 594750/4875/4876 011.0010538 347258 020.1084 520000 19.78 7"X 10" Notice Sign: Full Cylinder, 594750/487514876 011.0010538 347256 020.1084.520000 99.95 Chlorine Safety for Water&Wastewater 594750/4875/4876 011,0010538 347258 020,1084.520000 109.95 Handling Sodium Hypochlorite Safely 594750/4875/4876 011.0010538 347258 020.1084.520000 380.00 Freight 594750/487514876 011.0010538 347258 020.1084 520000 102.16 Sales Tax 594750/4875/4876 347258 020.1084 520000 74.95 Test Strips, Free Chlorine, 0-120 ppm, 600572/594805 011.0010539 347258 020.1084 520000 71.20 Total Chlorine Test Strips, HR 0-80 600572/594805 011.0010539 347258 020.1084.520000 26.78 Phenol Red Spec Grade IL Solution, 600572/594805 011.0010539 347258 020.1084.520000 36.75 Freight 600572/594805 011.0010539 347258 020.1084.520000 18.87 Sales Tax 600572/594805 347258 1,465.73 Printed,4/14/2015 2:01:58PM Page 21 of 24 CITY OF VERNON WARRANT REGISTER NO. 1422 APRIL 21, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT VANG COMP SYSTEMS, INC. 011.1031,520000 1,235.00 Detachable Side Ammo Carrier for 11024 011.0010523 347259 011.1031.520000 15.00 Freight 11024 011.0010523 347259 1,250.00 VISTA PAINT CORPORATION 011.1049.520000 1,249.00 GRACO Ultra Max II 490 PC Pro 201598371300 011.0010499 347260 011.1049.520000 112.41 Sales Tax 201598371300 347260 1,361.41 WILLIAMS DATA MANAGEMENT 011.1003.596200 333.00 Storage Fees 330336 347261 011.1003.596200 1,196.11 Storage Fees 331391 347261 1.529.11 WITTMAN ENTERPRISES, LLC. 011.1033.596200 270.88 Billing Services 1502069 347262 270.88 YALE CHASE MATERIALS 011.1046.520000 68.50 Relay contactor 24vdc PSV240412 011.0010510 347263 HANDLING 011.1046.590000 350.00 Labor for service call and repair PSV240412 011.0010510 347263 011.1046.520000 6.17 Sales Tax PSV240412 347263 424.67 ANTHONY ZARATE 011.1040.502030 150.00 Vision Benefits:A Zarate 032415 347264 150.00 ZUMAR INDUSTRIES, INC. 011.1043.850000 2,385.00 No U-Turn, 36"X 36"- DG3- 1160A, 157323 011.0010420 347265 011.1043.850000 298.20 Use Crosswalk(with arrow), 18"X 12"- 157323 011.0010420 347265 011.1043.850000 66.25 Do Not Block Intersection, 24"X 30"- 157323 011.0010420 347265 011.1043.850000 894.42 Left Turn YIELD on Green, 30"X 36"- 157323 011.0010420 347265 Printed 4114/2015 2:0t58PM Page 22 of 24 CITY OF VERNON WARRANT REGISTER NO. 1422 APRIL 21, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT ZUMAR INDUSTRIES, INC. 011.1043.850000 198.76 No Right Turn on Red, 18"X 30"-DG3- 157323 011.0010420 347265 011.1043.850000 357.75 Railrod Crossing,48"X 9"- DG3- 157323 011.0010420 347265 011.1043.850000 378.03 Sales Tax 157323 347265 4,578.41 TOTAL PRINTED CHECKS $ 154,427.14 Printed:4/14/2015 2:01:58PM Page 23 of 24 CITY OF VERNON WARRANT REGISTER NO. 1422 APRIL 21, 2015 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 011 -GENERAL $ 372,309.73 $ 196,373.77 $ 116,121.41 $ 684,804.91 020-WATER 217,514.70 305.64 38.305.73 256,126.07 GRAND TOTAL $ 589,824.43 $ 196,679.41 $ 154,427.14 $ 940,930.98 TOTAL CHECKS TO BE PRINTED 67 Punted 4/1412015 2:01:58PM Page 24 of 24 �Vg �., i• RECEIVED ' RECEIVEDY t APR 15 2015 APR 15 2015 CITY CLERK'S OFFICE STAFF REPORT CITY ADPAINISTR, T Gj� FINANCE/TREASURY DEPARTMENT ' DATE: April 14, 2015 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director iN?�- RE: Light & Power Warrant Register for City Council Agenda of April 21, 2015 It is recommended that the attached Light & Power Warrant Register No. 387 be approved at the City Council meeting of April 21, 2015. Light & Power Warrant Register No. 387 totals $619,511.59, and covers claims and demands presented during the period of April 2 through April 13, 2015, drawn, or to be drawn, from East West Bank. The following list details the components of Light & Power Warrant Register No. 387: 1. Ratification of wire transfers totaling $496,840.35; 2. Ratification of the issuance of early checks totaling $88,760.14; and 3. Authorization to issue pending checks totaling $33,911.10. {of vt LIGHT& POWER F WARRANT REGISTER NO. 387 + APRIL 21, 2015 �`4'XL1r Into I hereby certify that claims and/or demands included in above listed warrant This is to certify that the claims or demands covered by the above listed register have been audited for accuracy and availability of funds for warrants have been audited by the City Council of the City of Vernon and payments and that said claims and/or demands are accurate and that the that all of said warrants are approved for payments except Warrant funds are available for payments thereof. Numbers: William Fox Finance Director Date: Printed:4/14/2015 2:04:24PM Page 2 of 8 LIGHT& POWER WARRANT REGISTER NO.387 APRIL 21, 2015 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CALIFORNIA ISO 055.9200.500150 479.19 Revised Charges 12/14 201503243129490 5822 666 055.9200.500170 2,384.34 Revised Charges 12/14 201503243129490 5822 666 055.9200.500190 8.34 Revised Charges 12M4 201503243129490 5822 666 055.9200.500210 1.72 Revised Charges 12/14 201503243129490 5822 666 055.9200.500150 -5,236.76 Revised Charges 03/15 201503243129490 5822 666 055.9200.500170 -1,167.18 Revised Charges 03/15 201503243129490 5822 666 055.9200.500190 -77.17 Revised Charges 03/15 201503243129490 5822 666 055.9200.500210 5.25 Revised Charges 03/15 201503243129490 5822 666 055.9200.500170 -8,046.55 Initial Charges 03/15 201503243129490 5822 666 055.9200.500190 -2,156.79 Initial Charges 03/15 201503243129490 5822 666 055.9200.500150 156,830.60 Initial Charges 03/15 201503243129490 5822 666 055.9200.500210 16,129.11 Initial Charges 03/15 201503243129490 5822 666 03/30/2015 159,154.10 ICE US OTC COMMODITY 055.9200.596200 1,200.00 OTC Commission Adjustment 215001688088 5823 MARKETS, 03/31/2015 1,200.00 ICE TRADE VAULT LLC 055.9200.596200 375.00 Trade Vault TV17612 5824 Printed:4M4/2015 2 04 24PM Page 3 of 8 LIGHT& POWER WARRANT REGISTER NO. 387 APRIL 21, 2015 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 04/03/2015 375.00 SOUTHERN CALIFORNIA EDISON 055.9200.500170 121,420.00 Transmission Service 7500527991 5825 055.9200.500170 51,370.00 Transmission Service 7500528024 5825 055.9200.500170 24,669.00 Transmission Charge 750052BO25 5825 04/01/2015 197,459.00 CALIFORNIA ISO 055 9200 500170 -15,151.11 Initial Charges 03/15 201503313129528 5826 533 055.9200.500190 -922.16 Initial Charges 03115 201503313129528 5826 533 055.9200.500150 108,328.26 Initial Charges 03/15 201503313129528 5826 533 055.9200.500210 16,528.42 Initial Charges 03115 201503313129528 5826 533 055.9200.500170 -169.69 Revised Charges 03/15 201503313129528 5826 533 055.9200.500190 -163.33 Revised Charges 03/15 201503313129528 5826 533 055.9200.500150 10,657.65 Revised Charges 03/15 201503313129528 5826 533 055.9200.500210 29.46 Revised Charges 03/15 201503313129528 5826 533 04/06/2015 119,137.50 BIOFUEL GENERATION SERVICE 055.9200.500162 19,514.75 Biomethane Gas RPS22015 5827 LLC 04/09/2015 19,514.75 TOTAL WIRES $ 496,840.35 Printed 4/14/2015 2 04 24PM Page 4 of 8 LIGHT S POWER WARRANT REGISTER NO. 387 APRIL 21, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT BANK OF NEW YORK MELLON, 055.9000.592010 1,160.00 Administration Fee 2521840862 511332 TRUST 04/02/2015 1,160.00 FEDEX 055.9000.520000 274.93 Service Period: 03/15 296735135 511333 055.9000 520000 17.81 Service Period: 03/15 297504768 511333 04/02/2015 292.74 MAYWOOD CAR WASH 055.8100 570000 42.00 Full Service Car Wash — 606(B) 055.0002191 511334 04/02/2015 42.00 HOWARD INDUSTRIES, INC., 055.120010 13,588.00 7200KV-750KVA-277/480— 022715VRS 055.0002235 511335 055.120010 18,650.00 7200KV-1500KVA-277/480-- 022715VRS 055.0002235 511335 055.120010 8,613.00 16340KV-300-277/480— 022715VRS 055.0002235 511335 055.120010 20,190.00 16340KV-500KVA-2771480-- 022715VRS 055.0002235 511335 055.120010 13,873.00 16340KV-750KVA-277/480— 022715VRS 055.0002235 511335 055.120010 6,742,69 Sales Tax 022715VRS 511335 04/07/2015 81,656.69 JACK MEGORDEN 055.9100 596700 16906 Engineering Lunch Meeting 040115 511336 04/07/2015 169.06 LISA UMEDA 055.9000 596500 438.95 NERC Human Performance Workshop 032515 511337 04/07/2015 438.95 TODD DUSENBERRY 055 9000.596500 35.08 Fundamentals of Electric Distribution 032615 511338 055.9000.596500 27.03 Recycled Water Users Site Supervisor 032615(B) 511338 Printed:4/14/2015 2:04 24PM Page 5 of 6 LIGHT& POWER WARRANT REGISTER NO. 387 APRIL 21, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 04/07/2015 62.11 FEDEX 055 9000.520000 16 56 Service Period:03/15 298248657 511339 04/09/2015 16.56 KAHN, SOARES&CONWAY, LLP 055.9000.593200 1,255.00 Lobbyist Services to the City of Vernon 47228 055.0001933 511340 04/09/2015 1,255.00 SANTA FE BUILDING 055.8400.596200 445.84 Janitorial Services 13700 511341 MAINTENANCE 055.9000.596200 1,706.94 Janitorial Services 13700 511341 04/09/2015 2,152.78 SOUTHERN CALIFORNIA EDISON 055.8100.560010 44.79 Service Period: 03/15 040115 511342 055.9200.560010 748.64 Service Period: 03/15 040215 511342 04/09/2015 793.43 SUNCO AUTOMOTIVE EQUIPMENT 055.8000.590000 650.92 Adjustable Power Supply- 3029 055.0002254 511343 LLC 055.8000.590000 58.58 Sales Tax 3029 511343 04/09/2015 709.50 UPS 055 8000.590000 11.32 Service Period: 03/15 933312125 511344 04/09/2015 11.32 TOTAL EARLY CHECKS $ 88,760.14 Printed 4/14/2015 2:04:24PM Page 6 of 8 LIGHT& POWER WARRANT REGISTER NO. 387 APRIL 21, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT CH2M HILL ENGINEERS, INC. 055.9000.596200 9,661.10 Professional Services 381022131 511345 9,661.10 FIRST ENVIRONMENT OF 055.8200.500230 1,580.00 Professional Services 31000 511346 055.8200.500230 1,250.00 Professional Services 31073 511346 2.830.00 POWER CONSULTANTS INC. PORT 055.9000.900000 4,410.00 Contract Services VERNPVHMar15 511347 CA 055.9000.596200 4,620.00 Contract Services VERNPVHMar15 511347 055.9000.596200 12,390.00 Contract Services VERNPVHMar15 511347 21,420.00 TOTAL PRINTED CHECKS $ 33,911.10 Printed 4/14/2015 2 04 24PM Page 7 of 8 LIGHT& POWER WARRANT REGISTER NO. 387 APRIL 21, 2015 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 055-LIGHT&POWER $ 496,840.35 $ 88,760.14 $ 33,911.10 $ 619,511.59 GRAND TOTAL $ 496,840.35 $ 88,760.14 $ 33,911.10 $ 619,511.59 TOTAL CHECKS TO BE PRINTED 3 Printed:4/14/2015 2:04:24PM Page 8 of 8 • REOFIVED - , RECEIVED APR 15 2015 APR 15 2015 CITY CLERK'S OFFICE STAFF REPORT CITY ADMIIVIST IOPI FINANCE/TREASURY DEPARTMENT C DATE: April 14, 2015 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director RE: Gas Warrant Register for City Council Agenda of April 21, 2015 It is recommended that the attached Gas Warrant Register No. 175 be approved at the City Council meeting of April 21, 2015. Gas Warrant Register No. 175 totals $14,573.58, and covers claims and demands presented during the period of April 2 through April 13, 2015, drawn, or to be drawn, from East West Bank. The following list details the components of Gas Warrant Register No. 175: 1. Ratification of the issuance of early checks totaling $14,573.58; and - r-1/-n OF V��J_ FOAL, 'r ('.. .�- CITY OF VERNON } GAS DEPARTMENT t t WARRANT REGISTER NO. 175 APRIL 21, 2015 *SIR to P I hereby certify that claims and/or demands included in above listed warrant This is to certify that the claims or demands covered by the above listed register have been audited for accuracy and availability of funds for warrants have been audited by the City Council of the City of Vernon and payments and that said claims and/or demands are accurate and that the that all of said warrants are approved for payments except Warrant funds are available for payments thereof. Numbers: William Fox Finance Director Date: Printed:4/14/2015 2:55:43PM Page 2 of 4 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 175 APRIL 21, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT MAYWOOD CAR WASH 056.5600.570000 7.00 Car and truck washing service— 606 056.0000281 1266 04/02/2015 7.00 A.M. ORTEGA CONSTRUCTION, 056.5600.590000 5,919.64 3 Year Stand-By Contract— 675400 056.0000204 1267 INC. 04/07/2015 5,919.64 MEASUREMENT CONTROL 056.120010 7,749.95 Dresser Roots 23M-175— 180107 056.0000319 1268 SYSTEMS 056.120010 697.49 Sales Tax 180107 1268 04/07/2015 8,447.44 UNDERGROUND SERVICE ALERT 056.5600.596600 199.50 New Ticket Charges 220150768 1269 04/09/2015 199.50 TOTAL EARLY CHECKS $ 14,573.58 Printed:4/14/2015 2:55:43PM Page 3 of 4 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 175 APRIL 21, 2015 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 056- NATURAL GAS $ 0.00 $ 14,573.58 $ 0.00 $ 14,573.58 GRAND TOTAL $ 0.00 $ 14,573.58 $ 0.00 $ 14,573.58 TOTAL CHECKS TO BE PRINTED 0 Printed:4/14/2015 2:55:43PM Page 4 of 4 J 4F RECEIVED R �.��17 1 .�f��D ty APR 15 2015 APR 14 2015 CITY CLERK'S OFFICE IFF CITY ADMINISTRATION r FIRE DEPARTMENT Michael A.Wilson,Fire Chief 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 Fax(323)826-1407 April 13, 2015 Honorable Mayor and City Council City of Vernon Honorable Members: Attached is a copy of the Vernon Fire Department Activity Report which covers the period of March 16, 2015 through March 31, 2015. Respectfully Submitted, /I Michael A. Wilson Fire Chief MAW:ar Fireletnow E�,-cCusiveCy IndustriaC VERNON FIRE DEPARTMENT COMPANY ACTIVITIES March 16,2015 to March 31,2015 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections (#): 213 520 122 416 Re-Inspections (#): 0 32 4 61 Spec. Haz. Inspections (#): 0 8 0 17 Total Inspections: 213 560 126 494 Total Man Hours: 230 702 149 694 TRAINING(HOURS): Firefighting 78 544 99 571 Hazardous Materials 27 171 37 237 Safety 128 741 127 786 Apparatus Operations 129 742 124 762 Equipment Operations 129 741 124 769 CPR 0 34 2 15 First Aid 40 189 27 132 Total Hours: 531 3162 540 3272 PRE-INCIDENT (HOURS): Planning 89 470 91 539 District Familiarization 99 509 96 556 Total Hours: 188 979 187 1095 PERIODIC TEST (HOURS): Hose Testing 0 8 0 26 Pump Testing 0 3 0 10 Total Hours: 0 11 0 36 Page 1 PUBLIC SERVICE PROGRAMS (HOURS) School Programs 0 4 0 8 Fire Brigades 0 0 0 8 Emergency Preparedness 12 71 10 81 Total Hours: 12 75 10 97 ROUTINE MAINTENANCE (HOURS): Station 131 730 129 733 Apparatus 131 753 125 746 Equipment 134 744 130 758 Total Hours: 396 2227 384 2237 Grand Total Hours: 1357 7156 1270 7431 Tireactivity Page 2 VER14ON FIRE DEPARTMENT Type of Incident Report w . ty�� Total _Incidents. 2015 54 March 16, 2015 - March 31, 2015 04/13/2015 INCIDENT TYPE E ASSAULT VICTIM-D"' 5 E CHEST PAIN-D`" 1 E DIFFICULTY BREATHING-D... 3 E FALL VICTIM-D" 1 E PSYCH/BEHAVE/SUI ATT-D"• 1 E SEIZURE-D**" 1 E SICK PERSON-D'•' 2 E TC OVERTURNED-D"• 1 E TC with Trapped People 1 E TRAFFIC COLLISION-1)"" 5 E TRAUMATIC INJURIES-D"' 3 E UNC PER/FAINTING (NEAR)-D"' 3 E UNKNOWN PROBLEM-D"• 1 F Commercial Fire 2 F Fire Alarm No Reset 6 F Fire Alarm With Reset 2 F Investigation 1 F Sheared Hydrant 1 F Structure Fire 1 F Water Flow Alarm No Reset 9 S Moveup 2 S Water Problem 2 Incident Type Incident Date PREVENTION FOLLOW-UP? Shift 571 Cover assignment, standby, moveup 03/16/2015 01:07:23 No 311 Medical assist, assist EMS crew 03/16/2015 01:19:10 No 324 Motor vehicle accident with no injuries 03/16/2015 05:14:30 No 745 Alarm system activation,no fire,unintentional 03/16/2015 12:19:35 No 300 Rescue, EMS incident, other 03/16/2015 17:47:04 No 745 Alarm system activation,no fire,unintentional 03/16/2015 19:46:43 No 745 Alarm system activation,no fire,unintentional 03/17/2015 07:35:59 No 700 False alarm or false call, other 03/17/2015 10:27:07 No 321 EMS call, excluding vehicle accident with inju 03/1 71201 5 1 0:44.41 No 321 EMS call, excluding vehicle accident with inju 03/17/2015 12:07:21 No 741 Sprinkler activation, no fire- unintentional 03/17/2015 17:15:59 No 700 False alarm or false call, other 03/18/2015 07:07:38 No 321 EMS call, excluding vehicle accident with inju 03/18/2015 11:37:05 No 700 False alarm or false call, other 03/1 8/201 5 20:26:19 No 322 Motor vehicle accident with injuries 03/18/2015 20:40:31 No 520 Water problem, other 03/19/2015 20:36:03 No 571 Cover assignment, standby, moveup 03/19/2015 23:31:34 No 321 EMS call, excluding vehicle accident with inju 03/20/2015 07:48:10 No 700 False alarm or false call, other 03/20/2015 17:43:40 No 611 Dispatched &canceled en route 03/20/2015 21:25:13 No 700 False alarm or false call, other 03/20/2015 21:56:19 No 321 EMS call, excluding vehicle accident with inju 03/21/2015 01:05:39 No 321 EMS call, excluding vehicle accident with inju 03/21/2015 02:29:54 No 520 Water problem, other 03/22/2015 12:09:34 No 700 False alarm or false call, other 03/22/2015 16:27:48 No 113 Cooking fire, confined to container 03/23/2015 12:28:42 No 321 EMS call, excluding vehicle accident with inju 03/23/2015 14:43:31 No 321 EMS call, excluding vehicle accident with inju 03/24/2015 03:26:14 No 520 Water problem, other 03/24/2015 06:35:03 No 321 EMS call, excluding vehicle accident with inju 03/24/2015 06:49:47 No 321 EMS call, excluding vehicle accident with inju 03/24/2015 10:15:15 No 321 EMS call, excluding vehicle accident with inju 03/24/2015 11:43:26 No 311 Medical assist, assist EMS crew 03/24/2015 22:36:16 No 611 Dispatched &canceled en route 03/24/2015 23:54:43 No 322 Motor vehicle accident with injuries 03/25/2015 15:25:19 No 322 Motor vehicle accident with injuries 03/25/2015 18:50:27 No 100 Fire, other 03/25/2015 23:44:53 No 520 Water problem, other 03/26/2015 12:59:59 No 700 False alarm or false call, other 03/27/2015 01:41:50 No 700 False alarm or false call, other 03/27/2015 01.44:48 No 700 False alarm or false call, other 03/27/2015 03:19:50 No 740 Unintentional transmission of alarm, other 03/27/2015 17:25:11 No 730 System malfunction, other 03/28/2015 09:22:34 No 553 Public service 03/28/2015 14:02:14 No 311 Medical assist, assist EMS crew 03/28/2015 22:41:17 No 324 Motor vehicle accident with no injuries 03/29/2015 14:47:02 No 116 Fuel burner/boiler malfunction, fire confined 03/30/2015 06:43:47 No 321 EMS call, excluding vehicle accident with inju 03/30/2015 07:41:26 No 520 Water problem, other 03/30/2015 08:34:51 No 700 False alarm or false call, other 03/30/2015 08:54:33 No 321 EMS call, excluding vehicle accident with inju 03/30/2015 11:44:57 No 322 Motor vehicle accident with injuries 03/31/2015 11:37:27 No 322 Motor vehicle accident with injuries 03/31/2015 11:58:42 No 321 EMS call, excluding vehicle accident with inju 03/31/2015 18:51:48 No VER14oN FARE DEPARTMENT Type of Incident Report Total Incidents. 2014 - 53 March 16, 2014 - March 31, 2014 Oh/t3/2045 INCIDENT TYPE INCIDENT TYPE E ALLERGIC REACTION-D'"' i S Public Assist E Auto vs Ped 1 E CHEST PAIN-D'" 2 E DIFF BREATH ING/ASTHMA-A i E DIFFICULTY BREATHING-D... 1 E FALL VICTIM-D 3 E HEART ATTACK-D"' I E Seizure-A 1 E SEIZURE-D"" 2 E SICK PERSON-D""' 3 E TC BIKE/MOTORCYCLE-1)"" 2 E TRAFFIC COLLISION-D"' 4 E TRAUMATIC INJURIES-D"" 2 E UNC PER/FAINTING (NEAR)-D"' I E UNKNOWN PROBLEM-D' 2 F Auto vs Structure 1 F Commercial Fire I F Electrical Short 1 F Explosion 1 F Fire Alarm No Reset 2 F Fire Alarm with Reset 1 F Investigation 3 F Natural Gas Leak- Inside 1 F Residential Fire Z F Structure fire 2 F Water Flow Alarm No Reset 4 F Water Flow Alarm With Reset 3 F Wires Down 1 S MONTEBELLO REQUEST it S Moveup 1 VERNON FIDE DEPARTMENT ' Type of Incident Report Wr Total Incidents: 2015 = 32b January 1, 2015 - March 31, 2015 04/1312015 INCIDENT TYPE INCIDENT TYPE E ABDOMINAL PAIN-D' 1 F Haz Mat- Full 1 E ASSAULT VICTIM-D' 6 F investigation 14 E Auto vs Ped 1 F Residential Fire 1 E Back Pain-A 1 F Rubbish Fire 2 E BACK PAIN-D**' 4 F Sheared Hydrant 1 E CHEST PAIN-D"" 13 F Smoke 2 E DIFF BREATHING/ASTHMA-D"' 2 F Structure Fire 4 E DIFFICULTY BREATHING-D"' 11 F Vehicle Fire 3 E FALL VICTIM-D"" a F Vehicle leaking Gas 1 E HAZMAT/CHEMICAL-Do" 1 F Vehicle Overturned 1 E HAZMAT/UNKNOWN-D*" 1 F Water Flow Alarm No Reset 40 E HEART ATTACK-D""" 1 F Water Flow Alarm With Reset 16 E HEMORRHAGE/CUT-D 2 F Wires Down 1 E PSYCH/BEHAVE/SUI ATT-D" 3 S Ladder Assist 1 E SEIZURE/EPILEPTIC/HIST-D"` 2 S Moveup 6 E SEIZURE-D"" 5 S Public Assist 1 E SICK PERSON-D""' 19 S Standby 1 E TC BIKE/MOTORCYCLE-D""" 2 S Water Problem 9 E TC OVERTURNED-W" 1 E TC with Trapped People 2 E TRAFFIC COLLISION-W" 52 E TRAUMATIC INJURIES-Do" 10 E UNC PER/FAINTING (NEAR)-D"' 13 E UNKNOWN PROBLEM-W" 23 F Apartment Fire 1 F Arching Wires 1 F Auto vs Structure 1 F Commercial Fire 4 F Fire Alarm No Reset 23 F Fire Alarm With Reset 7 VERNON FIRE DEPARTMENT Type of Incident Report Total Incidents: 2014 = 31 b January 1, 2014 - March 31, 2014 airi 3/2015 INCIDENT TYPE INCIDENT TYPE E Abdominal Pain-A 1 F Auto vs Structure 2 E ABDOMINAL PAIN-DO"' 7 F Auto vs Train 1 E ALLERGIC REACTION-D"" 1 F Commercial Fire 8 E ASSAULT VICTIM-D"' 2 F Electrical Short 2 E Auto vs Ped 1 F Explosion 1 E CHEST PAIN-D"' 10 F Fire Alarm No Reset 40 E DIABETIC-D' 2 F Fire Alarm With Reset 5 E DIFF BREATHING/ASTHMA-D" 2 F Haz Mat - Full 2 E DIFFICULTY BREATHING-D'"' 4 F Investigation 11 E FALL VICTIM-D""' 11 F Natural Gas Leak- Inside 1 E HAZMAT/CHEMICAL-1)'" 1 F Natural Gas Leak-Outside 2 E HEADACHE-C*" 2 F Odor Investigation 4 E HEART ATTACK-Dr"' 5 F Residential Fire 2 E Hemorrhage/Cut-B 1 F Rubbish Fire 1 E HEMORRHAGE/CUT-D 1 F Strike Team 2 E Psych/Behave/Sul Att-A 1 F Structure Fire 4 E Seizure-A 1 F Vehicle Fire 4 E SEIZURE-D"' 5 F Vehicle Leaking Gas 1 E Sick Person-A 1 F Vehicle Overturned 2 E SICK PERSON-DO'" 17 F Water Flow Alarm No Reset 27 E TC BIKE/MOTORCYCLE-D**" 7 F Water Flow Alarm With Reset 16 E TC EJECTION-DO" 1 F Wires Down 1 E TC OVERTURNED-D"•' 2 S Ladder Assist 1 E TC with Trapped People 2 S MONTEBELLO REQUEST 4 E TRAFFIC COLLISION-D"" 51 S Moveup 2 E Traumatic Injuries-B 1 S People Stuck In Elevator 1 E TRAUMATIC INJURIES-D"" 5 S Public Assist i E UK PERIFAINTING (NEAR)-D'"' 6 S Water Problem 2 E UNKNOWN PROBLEM-D"' 12 U USAR-A 1 F Apartment Fire 1 U USAR-BELOW GROUND-D"" 1 a RECEIVED APR 14 2015 CITY ADMINISTRATION G STAFF REPORT VERNON GAS & ELECTRIC DEPARTMENT DATE: April 21, 2015 TO: Honorable Mayor and City Council U �� FROM: Carlos Fandino Jr., Director of Vernon Gas & Electric v RE: Base Contract with Sequent Energy Management, L.P. ("SEM") for Sale and Purchase of Natural Gas (the "NAESB Contract") Recommendations It is recommended that the City Council: A) Find that the approval requested in this staff report is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B) Authorize the Director of Gas & Electric to execute the North American Energy Standards Board ("NAESB") contract by and between the City of Vernon ("City") and Sequent Energy Management, L.P. ("SEM") in substantially the same form as attached to the staff report, for the purpose of buying and selling natural gas to or from SEM, in compliance with the general terms established in the agreement. It is further recommended that the City Council find that, pursuant to Vernon Municipal Code § 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. Backaround 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 SEM, 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 a contract with SEM for the purchase and sale of natural gas. This agreement constitutes general terms and conditions only and does not obligate the City to enter into a specific purchase or sale transaction; however, the result of fully executing the agreement will provide the ability for the City to transact with SEM. 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, Anahau Energy, ConocoPhillips, and Iberdrola. The key objectives of the agreement with SEM are as follows: • To expand the City's counterparty pool • Create an opportunity for better pricing and liquidity • To maximize trading capability Vernon Gas & Electric staff recommends that the base NAESB Contract with SEM be approved. Attached herewith is a copy of the proposed Base Contract for Sale and Purchase of Natural Gas with Sequent Energy Management. Fiscal Impact The base agreement with SEM will provide Vernon flexibility to buy and sell natural gas as needs dictate, which could potentially produce a monetary benefit for the City. The exact financial impact of this agreement is unknown at this time. Attachments Base Contract for Sale and Purchase of Natural Gas This Base Contract is entered into as of the following date: May 1, 2015 The parties to this Base Contract are the following: PARTY A PARTY B Sequent EnergyPARTY NAME Management, L.P. CITY OF VERNON 4305 Santa Fe Ave. 1200 Smith Street.Suite 900 ADDRESS Vernon,CA 90058 Houston,TX 77002 www.sequentenergy.com BUSINESS WEBSITE www.Cityofvernon.org CONTRACT NUMBER 61-2075846 D-U-N-So NUMBER 06-088-3022 ® US FEDERAL: 58-2642294 ® US FEDERAL: 95-6000808 ❑ OTHER: TAX ID NUMBERS ❑ OTHER: _ Georgia JURISDICTION OF California ORGANIZATION ❑ Corporation ❑ LLC ❑ Corporation ❑ LLC ® Limited Partnership ❑ Partnership ❑ Limited Partnership ❑ Partnership ❑ LLP ❑ Other: COMPANY TYPE ❑ LLP ® Other: City of Vernon,a Chartered City and Municipal Corporation of the State of California AGL Resources Inc. GUARANTOR IF APPLICABLE CONTACT INFORMATION ATTN: Shawn Sharifzadeh & Efrain Sandoval •ATTN: Commercial Department COMMERCIAL TEL#: 323-826-3625 11424 FAX#: 323-826-3629 TEL#: 832-397-1700 FAX#: 832-397-1709 EMAIL: ssharif(g)ci.vernon.ca.us &esandoval(tDci.vernon.ca.us ATTN: Gas Scheduling SCHEDULING ATTN: Shawn Sharifzadeh & Efrain Sandoval TEL#: 323-826-3625 /1424 FAX#: 323-826-3629 TEL#: 832-397-1700 FAX#: 832-397-1709 EMAIL: sshariF ci.vernon.ca.0 &esandoval i.v rn n.ca. s ATTN: Contract Administration CONTRACT AND ATTN: Hema Patel TEL#: 832-397-1734 FAX#: 832-397-1781 LEGAL NOTICES TEL#: 323-583-8811 Ext.292 FAX#: 323-826-1431 EMAIL:confirmsa-NIres9u&gj0m EMAIL: hDateltg7Ci.yernon.Ca.us ATTN: Credit Department TEL#: 832-397-1700 FAX#: 832-397-3885 CREDIT ATTN: Javier Valdez TEL#: 323-583-8811 Ext.825 FAX#: 323-826-1431 EMAIL:SEMCreditRisk(g)seauentenergv.com _ EMAIL: 'valdez ci.vernon.c ATTN: Confirmations ATTN: Edwin Ochoa TEL#: 832-397-1700 FAX#: 832-397-1781 TRANSACTION CONFIRMATIONS TEL#: 323-583-8811 Ext:227 FAX#: 323-826-3629 EMAIL: confirms a Ir ources.com EMAIL: eochoa(cDci.vernon.ca.us ACCOUNTING INFORMATION ATTN: Gas Accounting INVOICES ATTN: City of Vernon Treasury Department TEL#: 832-397-1700 FAX#: 832-397-3711 PAYMENTS EMAIL:accountingsettlement(d).aglresources.com SETTLEMENTS TEL#: 323 583 8811 Ext:227 FAX#: 323-826 3629 EMAIL:invoices ci.vernon.ca.us BANK: JPMorgan Chase Bank N.A. ABA: 021000021 ACCT. 211571906 WIRE TRANSFER BANK: OTHER DETAILS: For International Wire Transfer NUMBERS ABA: ACCT. Society for Worldwide Interbank Financial Telecommun__ic tra ions (IF APPLICABLE) OTHER DETAILS: Banker Identifier Code(SWIFT):CHASUS33 BANK: ACH NUMBERS BANK: East West Bank ABA: ACCT. ABA: #322070381 ACCT.- 80362791 OTHER DETAILS: CHIPS:0002 (IF APPLICABLE) OTHER DETAILS: Light&Power Acct. ATTN. CHECKS ATTN: ADDRESS: ADDRESS: (IF APPLICABLE) 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 (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 ® Oral(default) Section 10.2 ® No Additional Events of Default(default) Transaction OR Additional Procedure ❑ Written Events of ❑ Indebtedness Cross Default - - Default El party A: Section 2.7 ® 2 Business Days after receipt(default) Confirm Deadline OR ❑ Party B: ❑ Business Days after receipt ❑ Transactional Cross Default Specified Transactions: Section 2.8 ® Seller(default) Confirming Party OR ❑ Buyer Section 3.2 ❑ Cover Standard(default) Section 10.3.1 ® Early Termination Damages Apply(default) Performance OR Early Obligation ® Spot Price Standard Termination OR Damages ❑ 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 Apply(default) Other Section 2.31 ® Gas Daily Midpoint(default) Agreement ® Bilateral(default) Spot Price OR Setoffs ❑ ❑ Triangular Publication OR ❑ Other Agreement Setoffs Do Not Apply Section 6 ® Buyer Pays At and After Delivery Point(default) Taxes OR ❑ Seller Pays Before and At Delivery Point Section 7.2 ® 2VI Day of Month following Month of delivery Section 15.5 CALIFORNIA Payment Date (default) Choice Of Law OR j ❑ Day of Month following Month of delivery_ Section 7.2 ® Wire transfer(default) Section 15.10 ® Confidentiality applies(default) Method of Payment ® Automated Clearinghouse Credit(ACH) Confidentiality OR ❑ Check ❑ Confidentiality does not apply Section 7.7 ® Netting applies(default) Netting OR ❑ Netting does not apply _ x Special Provisions Number of sheets attached: 2 J ❑Addendum(s): IN WITNESS WHEREOF,the parties hereto have executed this Base Contract in duplicate. SEQUENT ENERGY MANAGEMENT,L.P. PARTYPJAW CITY OF VERNON SIGNATURE B : B : James J.Goerig PRINTED NAME Carlos Fandino,Jr. Vice President of Risk Control ITME Director of Vernon Gas&Electric Copyright©2006 North American Energy Standards Board, Inc NAESB Standard 6.3.1 All Rights Reserved Page 2 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 agree 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 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 of the parties. Confirming Party adopts its confirming letterhead, or the like, as its signature on any Transaction j 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 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 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 assa a of the Confirm Deadline without objection from the receiving pa, 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 3 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 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, (4) 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 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 Seller is the performing party, sell Gas, in either case, at a price reasonable for the delivery or 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 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 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 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 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 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 such indebtedness becoming immediately due and payable. Copyright©2006 North American Energy Standards Board, Inc NAESB Standard 6 3 1 All Rights Reserved Page 4 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 Transaclion(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; 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, 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 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 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 haws upon which such amount was calculated. Copyright©2006 North American Energy Standards Board, Inc NAESB Standard 6.3.1 All Rights Reserved Page 5 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 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 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 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. 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. Bu er 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 parry'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 Pas 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 6 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 parry 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 parry 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 Wail 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 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 netting 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 & 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 Delivery Point(s) 8.2. Seiler 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 tale 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 fees, 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 sending party's receipt of its facsimile machine's confirmation of successful transmission. If the day on which such facsimile is received is Copyright O 2006 North American Energy Standards Board, Inc NAESB Standard 6.3.1 All Rights Reserved Page 7 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 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. 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 Assurance 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 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 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 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 period between the dale of liquidation and the date on which such 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 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 (includin_q but not limited to "evergreenprovisions") 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 8 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 resent 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 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 Acireement 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 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 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 Defaulting 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. Copyright©2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 9 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 parry'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 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 performance of such covenants or obligations with reasonable dispatch; or(iii)economic hardship,to include,without limitation, Sellers 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 Buyers market(s) or Buyers 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 10 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 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 has 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 6.31 All Rights Reserved Page 11 of 13 September 5, 2006 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. 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 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 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 12 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: BUYER: Attn: Attn: Phone: Phone: Fax: Fax: Base Contract No. Base Contract No. Transporter: Transporter: Transporter Contract Number: 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 i Seller Delivery Point(s): (If a pooling point is used, list a specific geographic and pipeline location): Special Conditions: Seller: Buyer: By: By: Title: Title: Date: Date: Copyright©2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 13 of 13 September 5,2006 SPECIAL PROVISIONS TO THE NAESB BASE CONTRACT Sequent Energy Management, L.P., a Georgia limited partnership ("Sequent"), and CITY OF VERNON ("Counterparty") hereby agree effective as of the 1st day of May, 2015 to the following special provisions ("Special Provisions") to the NAESB Base Contract for Sale and Purchase of Natural Gas ("Base Contract"), which hereby modifies and amends the Base Contract dated and effective as of the date hereof between Sequent and Counterparty. Unless specifically agreed otherwise in a Transaction Confirmation, the Base Contract, as modified by these Special Provisions, shall apply to all transactions for the purchase and sale of Gas between the parties. All capitalized terms not otherwise defined herein shall have the meaning set forth in the Base Contract. 1. The following new Section 15.13 is added at the end of Section 15: "When Counterparty enters into a transaction with Sequent, Sequent may be acting as principal for its own account or acting as agent for a third party, an affiliated utility, or asset management customer(s). However, regardless of whether it is representing one or more third parties, any of its affiliated utilities, or one or more asset management customers, the obligations of Sequent shall be the same as if it had entered into such transaction for its own account and in all instances Sequent shall be responsible for and obligated as the principal under all transactions." 2. The following new Section 15.14 is added at the end of Section 15: "In the event that a new index is published that is more proximate than the existing Index to the primary receipt points ("New Index"), the Parties shall negotiate in good faith to agree upon the appropriate replacement Index or whether to utilize the New Index for such applicable Transaction Confirmation. If the Parties are unable to mutually agree upon such applicable change in Index for such Transaction(s) Confirmation within three (3) Business Days, then all affected transactions memorialized in any impacted Transaction Confirmations will terminate two (2) Business days thereafter, unless mutually extended by a writing signed by both parties. In the event current pipeline tariffs are amended or pipeline operating practices are changed and such changes materially impact the ability to receive and deliver gas, the Parties shall in good faith negotiate and agree upon applicable changes to any impacted Transaction Confirmations to remedy the effects of such changes. If the Parties are unable to mutually agree upon such applicable changes within three (3) Business Days, then all affected transactions memorialized in any impacted Transaction Confirmations will terminate two (2) Business days thereafter, unless mutually extended by a writing signed by both parties." 3. The last paragraph of section 15.10 is deleted and replaced with the following: Notwithstanding the foregoing, Sequent Energy 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 Sequent Energy 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. Sequent Energy will have the sole obligation at its sole expense to seek a protective order or other appropriate remedy to prevent disclosure. 1 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. SEQUENT ENERGY MANAGEMENT, L.P. CITY OF VERNON By.. By: Name: James J. Goerig Name: Carlos Fandino, Jr. Title: Vice President of Risk Control Title: Director of Vernon Gas & Electric Date: Date: 2 of►•L? REOFWED RECEIVED APR 15 2015 �`�•aLt.�9°`"� APR 13 2-� 015 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT DATE: April 21, 2015 TO: Honorable Mayor and City Council FROM: Leonard Grossberg, Director -�h RE: Request for Authorization to Receive and Spend Grant Funding for the Beverage Container Recycling and Litter Abatement Activities (City/County Payment Program) FY 2014-2015 RECOMMENDATION: A. It is recommended that the City Council find that approval of the request for authority to receive and spend grant funds in this staff report are exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment, and it can be seen with certainty that there is no possibility that the activity in question may have such an effect on the environment. B. In addition, it is recommended that the City Council adopt the request for authority to receive and spend grant funds under the Beverage Container Recycling and Litter Abatement Activities for FY2014-2015. BACKGROUND: Our department will submit an application to the California Department of Resources Recycling and Recovery (CalRecycle) for a grant to fund beverage container recycling and litter reduction activities (City/County Payment Program). The grant monies will be utilized to promote and distribute recycling and litter reduction information to businesses in the City and at the Vernon Elementary School. Our department has applied for and received this grant funding for the past fourteen years. Recently, CalRecycle has announced that, pursuant to Section 14581(a)(4)(A) of the California Beverage Container Recycling and Litter Reduction Act, the City of Vernon is eligible for $5,000 in grant funds for Fiscal Year 2014-2015. Grant guidelines allow for the expenditure of these funds for up to 24 months from the date of payment. Because litter is an ongoing problem in our city as well as in neighboring communities, we are proposing to utilize the funds to develop and distribute public information items as well as to purchase products to promote recycling. The public information s •\1 efforts would be similar to those used in the Used Oil Recycling Program that has been very successful for the past several years. I am attaching the completed application, which will be submitted electronically by the deadline of June 23, 2015. Please note that a City Council resolution is no longer required by CalRecycle for acceptance of a grant application, but we will include one anyway. Upon CalRecycle approving and funding the grant, I propose to utilize the services of KJ Services for implementing the grant activities. KJ Services has been our consultant on this grant for the past 14 years and continues to provide an excellent service. FISCAL IMPACT: No negative fiscal impact is expected by approving this request. The grant funds will benefit the City by reducing the amount of City funds needed to conduct recycling and litter/cleanup education programs. Attachment Xc: Linda Smith 9cLG:K/LeonardsBeverage Container Grant/2014-2015/Request to City Council Apr 2015.doc RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A GRANT APPLICATION UNDER THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT TO THE CALIFORNIA DEPARTMENT OF RECYCLING RESOURCES AND RECOVERY (CALRECYCLE) WHEREAS, the State of California has enacted the California Beverage Container Recycling and Litter Reduction Act that provides funds to cities and counties for beverage container recycling and litter cleanup activities; and WHEREAS, the California Department of Recycling Resources and Recovery (CalRecycle) has been delegated the responsibility for the administration of the program within the State and setting up necessary procedures for cities and counties or their designee under the program; and WHEREAS, the City of Vernon has applied for grant funds under the program since May of 2000 ; and WHEREAS, CalRecycle has announced that the City of Vernon is eligible for Five Thousand Dollars and No Cents ($5, 000 . 00) in grant funds for fiscal year 2014-2015 ; and WHEREAS, pursuant to Section 14581 (a) (4) (E) of the California Beverage Container Recycling and Litter Reduction Act, the eligible participant must submit a Funding Request Form by a certain due date in order to request funds from CalRecycle; and WHEREAS, by memo dated April 7, 2015, the Director of Health & Environmental Control recommends that the application for the Beverage Container Recycling and Litter Reduction grant funds be approved and executed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1 : The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct . SECTION 2 : The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA) , in accordance with Section 15061 (b) (3) , the general rule that CEQA only applies to projects that may have a significant effect on the environment, and it can be seen with certainty that there is no possibility that the activity in question may have such an effect on the environment . SECTION 3 : The City Council of the City of Vernon hereby approves and authorizes the electronic submittal of the "City/County Funding Request Form (FRF) FY 2014/2015" ( "Form" ) , in substantially the same form as the copy which is attached hereto as Exhibit A, to the California Department of Recycling Resources and Recovery for all grant funds available under the California Beverage Container Recycling and Litter Reduction Act for the period governing the grant program. SECTION 4 : The City Council of the City of Vernon hereby authorizes the Director of Health & Environmental Control to electronically execute said Form for, and on behalf of, the City of Vernon. SECTION 5 : The Director of Health & Environmental Control is hereby authorized and empowered to execute all forms necessary to secure, implement and carry out the purposes specified in Section 14581 (a) (4) (A) of the California Beverage Container Recycling and Litter Reduction Act and to provide information regarding this program to the California Department of Recycling Resources and Recovery, upon - 2 - request . I SECTION 6 : The City Council of the City of Vernon hereby directs the Director of Health & Environmental, or designee, to submit a fully executed Form prior to June 23 , 2015, to the California Department of Recycling Resources and Recovery. SECTION 7 : The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk' s, or Deputy City Clerk' s, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 215t day of April, 2015 . Name: Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Brian ] yun, DerutfjCity Attorney 3 - STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, _ City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, A ril 21, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of April, 2015, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 4 - EXHIBIT A CalftcydeCity/County Annual Payment Request System Funding Request Vernon Funding Request Cycle: FY 2014-2015 Eligible Funds: 5,000 Status: Pending Total Payment Amount: 5,000 Program Requirements 1) Provide a brief description of the proposed project(s)that you plan to implement with city/county payment program funds.Public Resources Code 14581 (a)(4)(B). 1. Provide beverage container recycling education and outreach to the business community. 2. Work with local Elementary School to increase student's awareness of recycling and it's positive impact on the environment. 2)Please specify supermarket siting information pursuant to Public Resources Code 14581 (a)(4)(F). Have you prohibited the siting of a supermarket site? i No i Have you caused a supermarket to close its business? No Have you adopted a land use policy that restricts or prohibits the siting of a supermarket site within your jurisdiction? No 3)Are you currently participating in mediation mandated by AF 59E , have you attempted to initiate such mediation or have you declared a fiscal emergency within the last 12 months? Note: The answer is for informational purposes and will not be used to determine eligibility for payment funding. No 4)These funds shall not be used for activities unrelated to beverage container recycling or litter reduction, Public Resources Code 14581 (a)(4)(C). Yes, I Accept Contacts Name Contact Type Title Phone Email Mr. Mark Whitworth Primary City Administrator (323)583-8811 x398 mwhitworth@ci.vernon.ca.us Mr. Leonard Grossberg Funding Request, Director (323)583-8811 x231 Irossberg@ci.vernon.ca.us Secondary Addresses Address Address Type County i 4305 S.Santa Fe Avenue Mailing Los Angeles Vernon, 90058 Payment Physical Activity Expenditures Current Activity Group Current Activity Item Budgeted Funds Beverage Container Collection Schools-Elementary 2,000 Programs Community Events Supplies-Liners/Bags I Gloves Recycling Education Schools-Elementary 2,000 Exhibits/Booths Personnel Contractor/Consultant 1,000 Total: 5,000 Vernon Printed:3/23/201 S Funding Request Detail: CAPRS 2 City/County Annual Payment and Reporting System v2.07.0137 Authorized Use only Home I. Reports 1 Help 4 Sign out Home> Funding Requests> Funding Request Home Funding Request Detail: Vernon (2014/15) Funding Requests Funding Request Contacts Addresses Activities Documents Documents My Jurisdictions Regions Map Application Instructions Complete items 1, 2, 3 and 4 of the Program Requirements section below. For questions regarding eligible funding activities, refer to the Program Guidelines, by using the hyperlink at the bottom of the Program Requirements section. Check marks in the Funding Request Checklist section will turn from red to green as Items are completed. To complete the remainder of the application,click on each tab(top right of the screen)and complete each section. Once all required sections are complete, the"Submit Application"button will appear at the top and bottom of the screen. Once the application is submitted, a summary of the funding request may be printed using the"Print Funding Request" link. For additional information on each field, hover the cursor over the box containing the question mark. Contact and address summary information tables appear at the bottom, right of the screen for your convenience. Back Edit Submit Funding Request Print F n in R Funding Request Checklist E✓Funding Request Program Requirements Funding Status E✓Enter/Validate Primary Contact Information Eligible 5,000 Awarded 0 E✓Enter/Validate Secondary Contact Information Funds: Funds: 11✓ Enter/Validate Funding Request Contact Information IE✓Enter/Validate Physical Address Status: v Due:06/23/2015 0✓Enter/Validate Payment Address Date Submitted ✓Enter Activities Submitted: By: I v(Submit Funding Request Program Requirements Contacts 1)Provide a brief description of the proposed VALIDATE project(s)that you plan to implement with NAME 'TYPE PHONE NUMBER ON city/county payment program funds. Public Maw primary (323) 583-8811 x398 3/23/2015 Resources Code 14581 (a)(3)(B). Whitworth _ Project Description: f Leonard Funding Request, (323) 583-8811 x231, 3/23/2015 n:Ur •r ;:.r r Gr er '.Secondary Page 1 of 1 Export To Excel Count: 2 2)Please specify supermarket siting Addresses information pursuant to Public Resources Code 14581 (a)(3)(F). (Supermarket sites refer to ADDRESS TYPE VALIDATED ON certified recycling centers at supermarkets 4305 S.Santa Fe Avenue Mailing 3/23/2015 (PRC 14526.6)) Vernon Payment Have you prohibited the siting of a supermarket Physical _ site?: Yes • No Page 1 of 1 Export To Excel Count: 1 Have you caused a supermarket to close its business?: Yes • No Region Information Have you adopted a land use policy that restricts or Region:6 , Los Angeles prohibits the siting of a supermarket site within your jurisdiction?: Yes s No Field Representative:Tharon Wright(916)324-1237 Backup Rhoderick Estrada (916)322-1201 3)Are you currently participating in mediation Representative: mandated by AB 506, have you attempted to initiate such mediation or have you declared a fiscal emergency within the last 12 months? Transactions Note:The answer is for informational purposes and will not be used to determine eligibility for TYPE DATE: AMOUNT payment funding. Entitlement 7/16/2014'. 5,000 Yes • No Balance: 5,00 4)These funds shall not be used for activities Page 1 of 1 Count: 1 unrelated to beverage container recycling or litter reduction, Public Resources Code 14581 (a)(3)(C).Refer to the City/County Payment Proaram Guidelines for a list of eligible activities. https://secure.calrecycle.ca.goy/CAPRS/FundingRequests/Detail.aspx?FundingRequestID... 3/23/2015 Funding Request Detail: CAPRS 2 i` 0 Yes,I accept. No, I do not accept. Submit Funding Request Back Edit Created by:Wendy Box 7/16/2014 8:10 AM Last Updated by:leonard grossberg 3/23/2015 3:09 PM City/County Annual Payment and Reporting System httos://secure.calrecvcle.ca.aov/CAPRS/ Contact:Wendy Box(916)327-7078 https://secure.calrecycle.ca.gov/CAPRS/FundingRequests/Detail.aspx?FundingRequestID... 3/23/2015 Y r � •y. � t star xv��a RECEIVED Health and Environmental APR 13 2015 Control Department CITY ��' ��ICIn RECEIVED emo APR 0 6 2015 CITY ADMINISTRATION To: Mark Whitworth,City Administrator From: Leonard Grossberg,Director/Health Officer T1(j Date: April 6,2015 Re: Transmittal of Health&Environmental Control Department Monthly Report I am forwarding the attached subject report for March 2015 for submission to the City Council. I am requesting that the report be placed on the normal City Council agenda. Please let me know if you need additional information. Attachment 9cLg:/mydoc/Z/HD/monthly repons/City Admin Transmittal Monthly Report Mar 2015 HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT 2015 MONTHLY REPORT OF 7 Leonard Grossberg, Director/Health Officer HEALTH DEPARTMENT MONTHLY REPORT ENVIRONMENTAL PROTECTION The month of March is generally quiet, yet this year it was filled with numerous high profile activities. The Department of Toxic Substances Control (DTSC), announced that"Exide Technologies,"the battery recycling facility in Vernon would not be issued a new operating permit, and instead would have to undergo closure of the site. The agreement with DTSC comes after 12 months of negotiations to clean-up the site and some of the surrounding neighborhoods of lead contamination. The plant has not operated the lead smelting equipment since March of 2014 while under scrutiny by DTSC and AQMD. MEN In a sign of increased business vitality, Twenty-five (25) new occupancy inspections were conducted by Health Department staff members in March. New businesses will be assisted with environmental program compliance information. MEN Senior Environmental Specialist Linda Johnson collected fourteen water samples from the three potable water supply systems within the City. All of the samples were negative for e- coli and total colifoans which means that all of the samples met State standards for drinking water potability. mom The City's solid waste consulting firms, MSW Consultants and Ecotelesis, continued to conduct Sustainability Program activities in March. The Sustainability Program will help the City and the Vernon businesses to evaluate energy usage, water consumption, and waste generation practices. Additionally, the firms will assist in establishing an inventory of carbon emissions. The intent of the program is to promote sound environmental stewardship by the City and businesses. Senior Environmental Specialist Linda Johnson is the lead person from the Health & Environmental Control Department in coordinating the Sustainability Program. mom In March, we started the process of scheduling the annual Vernon E-Waste Collection event. In an effort to reduce the Carbon Footprint of holding the event, we are using a local vendor in order to reduce the amount of miles traveled to put on the event, which in turn fits into our Sustainability Action Plan outline. On March 17t'', the City Council approved our request to schedule the next a-waste event in Vernon on April 27'h, 2015 at Fire Station #1. OEM The Green Vernon Commission held its first meeting of the year in March, and re-elected the chair and vice-chairs for 2015. The Commission also recommended a work plan and budget for 2015 which will be brought to Council for approval in the coming weeks. MEN March also was the culmination of the closure activities for the former Thermador site, which closed escrow at the end of the month after the City was able to meet the mandates by DTSC for the proper closure documentation and filing of the Land Use Covenant by the City. FOOD PROGRAM Senior Environmental Specialist Lyndon Ong Yiu issued a "Closure" notice to La Villa Basque Restaurant due to major violations and failure to pay its current health permits. After holding an office hearing, the health permits were paid up-to-date, all of the violations were brought into compliance, and the permit was re-instated. Ems Mr. Ong Yiu also plan-checked 2 new food warehouses, evaluated 3 food processors in the field, and conducted 2 complaint investigations for illegal food vending. HAZARDOUS MATERIALS CONTROL Staff worked on on-going closure activities at former sites in Vernon including Pechiney Cast Plate on Fruitland Avenue, Kop-Coat on District Boulevard, 4550 Alcoa Ave., 4553 Seville Ave., Angelus Sanitary Can on Pacific Blvd., and the Thermador site on District Blvd. OEM Numerous hazardous material emergency incident responses during the month included a diesel fuel spill at BNSF that was contained on-site, a grease fire at J &J Snack Foods, a sprinkler release at Famer John Foods, a stormwater release and clean-up in the Los Angeles River, and another fire at Overhill Farms in the overhead ducting system. Now Senior Environmental Specialist Jerrick Torres completed four reviews for Risk Management Plans (RMP)facilities and issued written "Notice & Order'to three facilities that had failed to submit a 5-year RMP reviews in a timely manner. ■■ Chief Deputy Director David LeDuff, Senior Environmental Specialist Jerrick Torres, and Environmental Specialists Erik Cheng all attended the "Urban Pest Control Management Conference" held at UC Riverside. The training is required to maintain their annual license registrations and continuing education hours current. STORM WATER PROGRAM Senior Environmental Specialist Jerrick Torres made a referral to the Regional Water Board for 3200 Slauson after conducting a LID feasibility study and SWPPP review for stormwater intrusion. UNDERGROUND STORAGE TANK PROGRAM Staff observed testing and certification activities at several underground tank facilities (Robertson's, AM/PM, and Exxon), which is required annually at UST sites. Staff also assisted the Public Works Dept. with its annual 461 Vapor Monitoring testing at the fueling yard. SOLID WASTE PROGRAM Senior Environmental Specialist Linda Johnson continues to monitor and conduct routine inspections at the one solid waste transfer station permitted in Vernon. The last inspection resulted in no violations and no areas of concern (inspections are conducted monthly). ■t■ Senior Environmental Specialist Linda Johnson prepared 2 Administrative Enforcement Orders (AEO's)for failure to submit CERS documentation in a timely manner; conducted a Show Cause meeting with Catalina Pack Concrete for an underground storage tank violation; and also with Oseguera Trucking for failing to repair its tank violations. AEO's and Show Cause notices may result in fines and penalties when not properly corrected. CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY Department of Toxic Substances Control News Release March 12, 2015 DTSC ANNOUNCES ORDER TO CLOSE EXIDE FACILITY AND STEPS TO PROTECT COMMUNITY WITH ENHANCED CLEANUP SACRAMENTO - The California Department of Toxic Substances Control (DTSC) announced it will issue an order today that will safely close the Exide Technologies battery recycling plant in Vernon and provide for enhanced cleanup of residential properties in the surrounding community. Last month, DTSC initiated the process of denying the company's permit application. After a detailed review of the facility's record and its permit application, the department notified Exide that it had concluded that the facility cannot operate in compliance with California's safeguards to protect public health and the environment. The order to close the facility will become an amendment to a DTSC order issued November 2014. A key concern in DTSC's discussions with the company over recent weeks has been Exide's ability to ensure adequate funding for safely closing the facility and the complete cleanup of lead contamination in the surrounding community. The company has been in Chapter 11 bankruptcy protection since June 2013. An agreement with the U.S. Department of Justice, expected to be announced today, will help ensure that the company provides funding to meet its obligations. Under the settlement, Exide will avoid criminal charges related to its operation of the plant, in exchange for agreeing to close the facility in compliance with DTSC requirements. "We have been working on a plan for closure for a number of weeks" said DTSC Director Barbara Lee. "In keeping with our commitment to the community, our priority now is to ensure the safe closure of the Exide plant and to complete the cleanup of contaminated yards in the surrounding neighborhoods." DTSC's decision to close the plant was based on several factors, including the facility's incomplete application following several notices of deficiency, inability to meet safety standards, failure to certify the structural integrity of a containment building used to hold hundreds of tons of lead, and poor history of compliance with environmental and health protection laws. "DISC will use every tool and legal mechanism at its disposal to ensure that Exide's remaining resources are used to properly close the facility and clean up contamination in the residential area," DTSC Director Lee said. As demonstrated by recent cleanup work in the community and on the company's property, DTSC has worked to hold Exide responsible for removing the contamination caused by the plant with no additional cost to taxpayers. DTSC's November 2014 order required Exide to set aside a total of$38.6 million including an existing $11 million surety bond for safely closing the plant, and a total of$9 million for cleanup of the two neighborhoods. Under the order, Exide deposited $2.75 million into a closure financial assurance fund, and $3 million into a trust fund for residential cleanup. The order specified when additional funds would be deposited into those funds. In the past two years, DTSC took several enforcement actions against the facility beginning with a suspension order in April 2013; a $1.3 million fine in November 2014; and most recently a statement of violations, including illegal treatment of hazardous sludge, in January 2015. The facility has not operated since March 2014. While the facility remains shut down, DTSC will continue to have its inspectors on-site when work is being performed as directed by the department's orders. In 2013, DTSC determined that the Exide facility was responsible for lead contamination in the yards of two residential neighborhoods that the South Coast Air Quality Management District determined were the most likely impacted from Exide's operations. DTSC ordered Exide to sample and clean yards that exceeded California's strict standards for lead contamination in soil. This sampling is occurring at 216 residential properties in two neighborhoods; several properties contain more than one residence. Sampling has been completed on 152 properties: three did not require cleanup; 38 have completed cleanup; 77 are awaiting cleanup; and data is being analyzed on the remaining 34. Owners of 64 properties have not yet agreed to sampling. Under DTSC's orders, Exide remains responsible for the cleanup of lead in the two residential neighborhoods, as well as the cleanup of contamination on its property at 2700 South Indiana Street in Vernon. Exide is also under orders to investigate and clean contamination in the industrial area adjacent to its facility. The company is required under a 2002 order to clean up residential, industrial and other areas impacted by the facility. DTSC is currently overseeing an investigation to determine the extent of contamination on- and off-site. DTSC's has ordered Exide to conduct a Corrective Measures Study to determine the best remedy for cleaning up all such contamination. The Exide Technologies facility recycled lead from used automotive batteries and other sources. The Vernon plant typically recycled about 11 million batteries annually. Exide operated under the Resource Conservation and Recovery Act (RCRA) as an interim status treatment and storage facility. DTSC's predecessor, the Toxic Substances Control Program, a program within the California Department of Health Services (DHS), issued an Interim Status Document to a predecessor to Exide on Dec. 18, 1981. Exide acquired the facility in 2000. Between 1990 and 2015, DTSC levied a total of about $2 million in penalties against Exide and its predecessors in 10 separate enforcement actions, of which $1.3 million came from the November 2014 order. These enforcement actions cited more than 100 violations of California's hazardous waste laws. 9cLG: K1Leonard/Health DepWonthly Reports120151Monthly March 2015.doc f r " lip v___ POLICE DEPARTMENT ---Ifs p��', Daniel Calleros,Chief of Police 4305 Santa Fe Avenue,Vernon,California 90058 APR 13 Lis Telephone(323)587-5171 Fax(323)826-1481 CITY CLERK'S OFFICE April 1, 2015 RECEIVED APR 0 1 2015 Honorable City Council CITY ADM1141 STRATI 0"' City of Vernon Vernon, California Honorable Members: Attached are copies of the Vernon Police Department Activity Log and Statistical Summary of Arrest and Activities which cover the period from 12:01 a.m., March 16, 2015 up to and including midnight of March 31, 2015. Respectfully submitted, VERNON POLICE DEPARTMENT DANIEL CALLEROS CHIEF OF POLICE DC/dr EXcfusivefy Industriaf VERNON POLICE DEPARTMENT Department Activity Report First Date: 03M 6I2016 Jurisdiction: VERNON Last Date: 03/31/2015 Department Complaint All Units Primary Unit Type Description ►Pn 10-6 OFFICER IS 10-6 C7,961,962.10-10,WASH.EQUIPR 116 108 ID-96H PICK UP THE JAIL PAPER WORK FROM HP JAIL 2 2 10-96M 10-96 MARY(MAIL DETAIL) 4 4 166R COURT ORDER VIOLATION REPORT 1 1 20002 NON-INJURY HIT AND RUN 4 2 20002R NON-INJURY HIT AND RUN REPORT 15 10 211 ROBBERY 4 1 211 S SILENT ROBBERY ALARM 4 1 242 BATTERY 3 1 242R BATTERY REPORT 2 1 273.5 DOMESTIC VIOLENCE 5 1 415 DISTURBING THE PEACE 33 11 417 BRANDISHING A WEAPON 8 1 422 TERRORIST THREATS 5 1 422R TERRORIST THREATS REPORT 5 2 459A AUDIBLE BURGLARY ALARM 92 47 459R BURGLARY REPORT 2 2 459S SILENT BURGLARY ALARM 3 1 476R FRAUD REPORT 3 2 484 PETTY THEFT 4 1 484R PETTY THEFT REPORT 9 6 487 GRAND THEFT 3 1 487R GRAND THEFT REPORT 3 2 503R EMBEZZLEMENT REPORT 3 3 586 PARKING PROBLEM 37 26 586E PARKING ENFORCEMENT 3 3 594 VANDALISM 11 4 594R VANDALISM REPORT 6 5 602 TRESPASS 7 2 647F DRUNK IN PUBLIC 6 2 901 UNKNOWN INJURY TRAFFIC COLLISION 9 2 901T INJURY TRAFFIC COLLISION 8 3 902T NON-INJURY TRAFFIC COLLISION 49 28 909C TRAFFIC CONTROL 1 1 909E TRAFFIC ENFORCEMENT 11 10 911 911 MISUSE/HANGUP 4 2 911A CONTACT THE REPORTING PARTY 17 13 920PR LOST PROPERTY REPORT 4 3 925 SUSPICIOUS CIRCUMSTANCES 29 13 927 UNKNOWN TROUBLE 4 1 AB109 PROBATION/PAROLE COMPLIANCE CHECKS 2 1 ASTVFD ASSIST VERNON FIRE DEPARTMENT 24 9 BOSIG BROKEN SIGNAL OR LIGHT 4 1 BOVEH BROKEN DOWN VEHICLE 9 7 CITCK CITATION CHECK 13 10 CIVIL CIVIL MATTER 3 1 CODES SURVEILLANCE/STAKE-OUT 1 1 COP COP DETAIL 2 1 0410112015 10:51:16 Page I of VERNON POLICE DEPARTMENT Department Activity Report First Date: 0311&7015 Jurisdiction: VERNON Last Date: 03/31/2015 Department Complaint All Units Primary Unit Type Description VPD DARE D.A.R.E.ACTIVITIES 2 1 DIET DETECTIVE INVESTIGATION 7 4 DETAIL DETAIL 4 3 DPTAST DEPARTMENTAL ASSIST 4 2 DUI DRIVING UNDER THE INFLUENCE 5 2 FILING OFFICER IS 10-6 REPORT WRITING 35 31 FOUND FOUND PROPERTY REPORT 1 1 FU FOLLOW UP 20 9 GTAR GRAND THEFT AUTO REPORT 8 5 HBC HAILED BY A CITIZEN 8 3 JAILPANIC TEST THE JAIL PANIC ALARM BUTTON 3 3 k9 TRAINING K9 TRAINING REMINDER,OBTAIN LOCATION 2 1 LOCATE LOCATED VERNON STOLEN VEHICLE 1 1 LOJACK LOJACK HIT 5 5 LPR LICENSE PLATE READER 21 5 PAPD PUBLIC ASSIST-POLICE 12 6 PATCK PATROL CHECK 57 37 PEDCK PEDESTRIAN CHECK 30 16 PRSTRAN PRISONER TRANSPORTED 5 5 RECDALARM TEST THE RECORDS ALARM 5 2 RECKLESS DF RECKLESS DRIVING(23103) 13 6 REPO REPOSSESSION 2 2 RR RAIL ROAD PROBLEM 1 1 SHOTS SHOTS 4 1 SPEED SPEED CONTEST OR SPEEDING(23109) 17 7 TRAFFIC STOI TRAFFIC STOP 354 242 VCK VEHICLE CHECK 86 52 VEH RELEASE VEHICLE RELEASE 22 18 VMCVIO VERNON MUNICIPAL CODE VIOLATION 4 2 WELCK WELFARE CHECK 13 5 Department: 1348 839 Overall: 1348 839 0410112015 10:51:16 Page 2 of 2 VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 03/31/15 TRAFFIC COLLISIONS NO. PROPERTY RECOVERED TOTAL 15 VEHICLES: $0.00 NON-INJURY 10 INJURY 5 Pedestrian Fatalities City Property Damage 3 Hit&Run(Misdemeanor) 3 Hit&Run(Felony) Persons Injured 7 VEHICLES STORED PROPERTY RECOVERED FOR Unlicensed Driver 27 OTHER DEPARTMENTS Abandoned/Stored Vehicle 11 VEHICLES: $2,000.00 Traffic Hazard 1 CITATIONS Citations Iss (Prisoner Release) 6 Citations Iss (Moving) 137 Citations Iss (Parking) 25 Citations Iss (Total) 168 Hazardous 79 Non-Hazardous 58 Other Violations CASES CLEARED BY ARREST AR15-065 CR15-0475 14601.2(A)VC AR15-067 CR15-0501 594(A)(2)PC AR15-068 CR15-0511 422 PC AR15-070 CR15-0330 459 PC AR15-071 CR15-0469 211 PC AR15-072 CR15-0555 472 PC AR15-073 CR15-0556 23109 VC AR15-074 CR15-0560 261(A)(1) PC VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING 03131115 ADULT FELONY ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL ASSAULT WITH A DEADLY WEAPON BURGLARY 1 1 CRIMINAL THREATS DOMESTIC VIOLENCE DRIVING UNDER THE INFLUENCE FORGERY 1 1 GRAND THEFT POSS. STOLEN PROPERTY RAPE 1 1 ROBBERY 1 1 VEHICULAR MANSLAUGHTER VEHICLE THEFT TOTAL FELONY ARRESTS 4 0 4 ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL BATTERY CRIMINAL THREATS DRIVING ON A SUSPENDED LICENSE 1 1 EXCESSIVE SPEED 1 1 PETTY THEFT 1 1 POSS. CONTROLLED SUBSTANCE POSS. NARC. PARAPHERNALIA TRESPASSING VANDALISM 1 1 WARRANTS (BENCH/TRFC) WARRANTS (FOREIGN) 2 2 TOTAL MISD. ARRESTS L 6 1 0 1 6 JUVENILES DETAINED --- FELONY AND MISDEMEANOR MALE FEMALE TOTAL BURGLARY PETTY THEFT POSS. STOLEN PROPERTY VANDALISM VEHICLE THEFT TOTAL JUVENILES DET. 0 0 0 TOTAL FELONY ARRESTS (ADULT)TO DATE: TOTAL MISDEMEANOR ARRESTS (ADULT)TO DATE: 40 TOTAL JUVENILES DETAINED (FELONY AND MISDEMEANOR) TO DATE: 0 TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR)TO DATE: 65 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 0311612015 Jurisdiction: VERNON Last Date: 03116/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit 71m _ Den Officer Unif Dispatch Enroute OnScene Depart Arrive Remove Comp 26150304519 RPT 03/16/2015 06:37:28 ,Y I VI TRAFFIC STOP FRUITLAND AV//ALCOA AV,VERNON Debattniem OCA Number # RMS Jurls VPD CR20150460 CA0197300 VPD HERRERA,GUSTP1 L3 06:37:28 07:31:14 VPD REYNA,JOSE S 21-8 07:06:21 07:09:57 07:26:23 20150304532" .: • . ..._- . a, r RPT 03/16/2015 09:49:13 TRAFFIC STOP 52D H ALAMO AV,MAHY Department OCA Number RMS Juriv VI VPD CR20150461 CA0197300 VPD RAMOS,JOSE *21-11 09:49:13 10:51:20 RPT 03/16/2015 10:41:04 PRINCESS PAPER 594R 4455 FRUITLAND AV,VERNON Departmenj OCA Number RMS'Jutls VPD . CR20150462 CPi{31973d0` VPD NEWTON.TODD '21-12 10:44:05 10:44:05 10-156,53 11:30:45 VPD RAMOS,JOSE 2L11 10:51:31 10,56,50 11:30:45 03/17/2015 04:53:0( Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA Is First Date: 03H7/2015 Jurisdiction: VERNON Last Date: 0311 712 01 5 Call Number Disp Ten Received Caller Code Comnlaint Address unit Unte Den Officer Unit Dispatch Enroule OnScene Depart Arrive Remove Coma 20150304588 RPT 03/17/2015 06:04:58 GREAT AMERICAN PACKAGING 902T 4361 S SOTO,VERNON Departmem OCA Number RMS Juris VPD CR20150463 CA0197300 VPD ZOZAYA,OSCAR "1L12 06:06 45 06:21:16 06:49:57 20150304593 � Isr �- r�::.z 4 T, :• rtr<<m _ - CITE 03/17/2015 07:15.41 VI TRAFFIC STOP PACIFIC BL H 46TH,VERNON Department OCA Number RMS Judv VPD CR20150464 CA0197300 VPD GAYTAN,LORENZ'2L12 07:15:41 07:36:18 �• . 20150304595 .,, CITE 03/17/2015 07-153-125 - VI TRAFFIC STOP PACIFIC BL 1!SANTA FE AV,VERNON Department OCA Number RMS Juris.. ; VPD CR20150465 CA0197300 VPD GAYTAN,LORENZ'2L12 07:53:25 08:18:04 RPT 03/17/2015 08:05:40 CHRIS GREGORYAN 20002R E DISTRICT BL//LOMA VISTA AV,VERNON Department OCA Number RMS Jurk VPD CR20150466 CA0197300 VPD MADR116K'.MARIM11 08:08:10 08:10:07 08:51:47 17. h �g bti�: ,ir4P _ :.'fir-.'.�; �;a�iY:;�•:.�:i.:�.w�i� S V.]V .7. s9-•sal. 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CAb1973U0 VPD' ESTRADA,IGNACM1SI 22:33:22-' 23:08:28 2" - " VPD :DOCHERTY,01CHI L3 22:42:24• ...•. 22:48:00`' 23:22:50 _ :•.r' - VPD SANTOS.bANIEL 1XS1 22:33:29 23:08:26 0311812015 05.05.37 Page 3 of 3 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 03/18/2016 Jurisdiction: VERNON Last Date: 03/1812015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comte 20150304679 CITE 03/18/2015 07:54:44 ��':` VI TRAFFIC STOP PACIFIC BL ll SANTA FE AV,VERNON Department OCA Number t RMS Juris VPD CR20150476 CA0197300 VPD GAYTAN,LORENZ'2L10 07:54:44 08:19:04 20150304682 .. . � �x.. � _ VI 03/1M015 08:41:38 Departmem OCA Number RMS Juris TRAFFIC STOP DOWNEY RD 11 50TH.VERNON VI VPD CR20150477 CA0197300 VPD GAYTAN,LOREN7"21-10 08:41:38 09:02:07 ;:,, roc- ysfi•+.=, a.- - - :z[ CITE 03/1812015 09:37:54 VI TRAFFIC STOP MAYWOOD AV 11 SLAUSON AV,VERNON Departmeni OCA Number RMS Juris VPD CR20150478 CA0197300 VPD GAYTAN,LORENZ121-10 09:37:54 10:08:06 .. .. ... . ... 20150304690 .. ...�;r�.-.. .��`:. . >• . �s. �:,. 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"'•C "rrsrs:� REPO 0311812015 15:59:46 EYLAN ROAD SERVICE REPO 3121 FRUITLAND AV,VERNON Department OCA Number RMS Juris VPD CR201504B3 CA0197300 VPD RECORDS BUREP'RECD 16:03:04 16:41:08 20150304123 CITE 0311 8/2 01 5:. .16.52'16 TRAFFIC STOP E 55TH//ALAMEDA.VERNON Department OCA Number RMS.Juris < ° h VI VPD CR20150484 CA0197300 VPD GAYTAN,LORENZ"2L10 16:52:17 17:35:04 2015630472G. ...... ...... .:''�. . :;'.:• r:;s'!?i s .:..... ..` RWRW e RPT t jw r 03118/2015 17:31:49 BON APPETIT 484R 4820 E 50TH,VERNON Department OCA Number RMS JurL. S VPD CR20150485 CA01973C ,x !"•/``' µ'•-'�`'"" VPD.. 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Page 4 of 1 'VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA Is First Date: 03/20/2015 Jurisdiction: VERNON Last Date: 03/mOt2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Den Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150304806 VI 03/20/2015 02:27:14 Deaartmeni OCA Number RMS Jurfs TRAFFIC STOP S SANTA FE AV//FRUITLAND AV,VERNON CITE VPD CR20150491 CA0197300 RPT VPD HERRERA,GUSTF'1 L9 02:27.19 02:47:38 VPD VALENZUELA,FEIILI❑ 02:32:49 03:05:35 20150304823 RPT 03/20/2015 10:38:45 FARHAN ENTERPRISES 594R 2916 S SANTA FE AV,VERNON Denartmeni OCA Number RMS Juris VPD CR20150493 CA0197300 VPD VELASQUEZ,RICI"2L1 10:40:18 10:40:47 11:20:16 20150304844 RPT 03/20/2015 17:40:48 COMPLETE CLOTHING T 417 4950 E 49TH,VERNON Departmena OCA Number RMS Jurls.'3i''=`::"•. VPD CR20150494 CA0197306 VPD VELASQUEZ.RICI'2L1 17:41:35 17:47:56 19:09:36 VPD VALENZUELA,FEI1L10 18:57:36 19:02:28 21:03:56 VPD VASQUEZ,LUIS 1L11 18.45:24 19:02:26 19:49:59 VPD HERNANDEZ,MIG1L12 19:03:33 19:24:21 VPD PEREZ,NICK 1S1 19:24:24 21:03:56 VPD CERDA,EUGENI02L2 17:41:37 17:48:03 19:31:36 VPD CERDA,PAUL,JR 2L3 17:41:39 17:48:01 21:03:57 VPD R0DRIGUEZ,FER2S2 17:43:07 17:48:06 19:51:50 .. ..ls"' i- 24150304847 RPT 03/20/2015 19:28:42 VI TRAFFIC STOP DOWNEY RD//SLAUSON AV.VERNON Departmena OCA Number RMS Juris VPD CR20150495 CA019730D CITE VPD HERRERA,GUSTPI L9 19:28:42 20:13:47 VPD HERNANDEZ,MIG1L12 19:29:34 19:35:09 20:13:47 w. � r• 201.0304849 :...... . . .. .......:.:•+;_-,�.,..,.- -.s_ -... .^::•n°-.r.-.,t..;: .:�•. ::;. �-•�'.•� ,x' S 0312112015 02:39:01 Page ! of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 03120/2015 Jurisdiction: VERNON Last Date: 03/20/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Den Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150304849 CITE 03/20/2015 20:17:15 VI TRAFFIC STOP MILES//BELGRAVE,VERNON Department UCA Number R1LIS Jurls VPD CR20150496 CA0197300 RPT VPD HERNANDEZ,MIG'1L12 20:17:16 21:10:21 VPD HERRERA,GUSTf1L9 20:17:51 20:19:18 21:10:22 0312112015 02:39:01 Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 03/21/2015 Jurisdiction: VERNON Last Date: 03/21/2015 Call Number Disp Ten Received Caller Code Complaint Address Unh Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150304885 VS 03/21/2015 11:34:50 VCK 5107 S DISTRICT BL,VERNON Department OCA Number RMS Juris VPD CR20150497 CA0197300 VPD CHAVEZ.CELEST"2L1 11:34:50 11:59:42 20150304896 RPT 03/21/2015 14:59:32 PHYSICAL DISTRIBUTION 484R 2034 E 27TH,VERNON Devartmem OCA Number RMS Jurts VPD CR20150498 CA0197300 VPD CHAVEZ,CELEST'2L1 15:00:39 15:00:40 15:09:14 16:19:11 20150304897 RPT 16:19:14 CLARA DPTA Departmeni OCA Number ' RMS Juris DPTAST //E VERNON AV DOWNEY RD,VERNON VPD CR20150499 CA0197300 VPD REYNA,JOSE S '21-2 16:19:42 16:19:42 16:21:46 17:11:15 VPD CHAVEZ,CELEST21-1 16:19:44 16:21:51 17:07:05 VPD RAMOS.JOSE 21-3 16:32:28 17:07:06 03/2212015 04:22:0E Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA Is First Date: 03122/2015 Jurisdiction: VERNON Last Date: 03122/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Den Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150304935 VOID 03/22/2015 17:05:51 CITE TRAFFIC STOP S DISTRICT BL//ATLANTIC BL,VERNON Dedartmem OCA Number RMS Jurts VPD CR20150500 CA0197300 VPD REYNA,JOSE S "2L11 17:05:51 17:40:46 20150304943 RPT 03/22/2015 20:35:20 920PR 2959 E 50TH,VERNON Department OCA Number RMS Juris VPD CR20150502 CA0197300 VPD SWINFORD,PHILI"1L12 20:41:05 20:41:28 21:01:17 22:41:42 VPD HERNANDEZ,MIG1 Li 21:16:31 22:10:13 20150304944 1015 03122/2015 21:21:03 J AND J SNACK FOODS rls RPT 602 5353 DOWNEY RD.VERNON DeDartmern VPD R2 CR2 Number RMS J300 0150501 CA0197300 VPD HERNANDEZ,MIG"11-8 21:22:17 21:23:11 21:25:44 00:11:15 VPD HERNANDEZ,MIG1 L11 22:10:17 22:31:54 VPD SWINFORD,PHILHL12 22:50:42 23:55:56 VPD PEREZ,NICK 1S1 21:22:18 21:23*13 21:25:40 22:43:11 03/23/2015 01:04:OS Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 03/23/2015 Jurisdiction: VERNON Last Date: 03/23/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit ZYme Dep Officer Unit Dispatch Enroute OnSeene Depart Arrive Remove Comp 20150304966 CITE 03/23/2015 07:02:59 VI TRAFFIC STOP S ALAMEDA//25TH,VERNON 0epartmem . OCA Number RMS Jurls VPD CR20150503 CA0197300 VPD GAYTAN,LORENZ'2L12 07:02:59 07:28:04 20150304969 CITE 03/23/2015 07:40:34 VI TRAFFIC STOP 42 H ALAMEDA.VERNON Departmem OCA Number RMS Jurls VPD CR20150504 CA0197300 VPD GAYTAN,LORENZ'2L12 07:40:37 08:06:52 20150304970 RPT 03/23/2015 07:48:04 SOOFER 484R 2828 S ALAMEDA,VERNON Departmem OCA Number RMS Jur4s VPD CR20150505 CA0197300 VPD REYNA,JOSE S '21-8 07:49:36 07:49:57 08:01:08 08:27:37 20150304979 ,.:..:. - ; _:. CITE 03/23/2015 09:00:08 TRAFFIC STOP E 49TH//SANTA FIE AV,VERNON Department OCA Number RMS Juris VI VPD CR20150506 CA0197300 VPD GAYTAN,LORENZ'2L12 09:00:08 09:22:31 'Lei 20150304983 � - �;`" R p -; ;x •'61, h�EF r. a ,^:: , •ya: tia r'u a'rr; ;; :''..' ?, < �T;: CITE 03/23/2015 09:47:29 VI TRAFFIC STOP E 48TH//SANTA FE AV,VERNON Departmem OCA Number RMS Juris VPD CR20150507 CA0197300 VPD GAYTAN,LORENZ'2L12 09:47:38 10:20:52 z sr..: 20150304 86 ..�..-..R:«_ RPT 03/23/2015 10:42:29 RAPCO 20002R 4924 EVERETT CT,VERNON Departmem OCA Number RMS Jurls' VPD CR20150508 CA0197300 VPD RAMOS,JOSE `2L11 10:45.01 10:45:02 10:48:31 11:16:25 r,. � 20150304988 CITE 03/23/2015 11:26:59 - - VI TRAFFIC STOP S SANTA FE AV//57TH,VERNON Department OCA Number RMS Jurls VPD CR20150509 CA0197300 03124(2015 05:02:25 Page 1 of 3 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 03/2312015 Jurisdiction: VERNON Last Date: 03/23/2015 Call Number Disp Ten Received Caller Code Complaint Address _- Unit Time Dep Officer Unit Dispatch Enroute UnSeene Depart Arrive Remove Comp 20150304988 CITE 63/23/2615 11:26:59 TRAFFIC STOP S SANTA FE AV 115TTH,VERNON Departmen� CR2 Number0509CA01 Juris VI VPD CR2015Q5Q9 CAQ19730Q VPD GAYTAN,LORENZ'2L12 11:26:59 11:59:5fi 20150304994 ; CITE 03/23/2015 14:14:19 VI TRAFFIC STOP S SANTA FIE AV 955TH,VERNON Derinrtmen� OG4 Number RMS Juris VPD CR20154514 CA01197300 VPD GAYTAN,LORENZ'2L12 14,14 19 14 54-43 20150304996 RPT 03/23/2015 14:25:16 DET ONOPA Departmem OCA Number RMS Juris 484R 2721 F 45TH,VERNON VPD CR24154510 _ F:�.,;. 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VI 03/28/2015 00:46:33 CITE TRAFFIC STOP S DISTRICT BL//ATLANTIC BL,VERNON Department OCA Number RMS furls VPD CR20150544 CA0197300 RPT VPD HERRERA,GUSTf 1L3 00:46:33 01:20:55 VPD DOCHERTY,MICH1L10 00:47:20 01:20:55 20150305280 VI 03/28/2015 03:51:25 CITE TRAFFIC STOP 4735 E DISTRICT BL,VERNON Department OCA Number RMS Jurfs VP0 CR20150545 CA0197300 RPT VPD HERRERA,GUST/'1L3 03:51:25 05:01:51 VPD DOCHERTY,MICH1L10 03:51:34 03:51:35 03:52:02 VPD VALENZUELA,FEIIL9 03:51:59 04:02:11 05:01:51 0312912015 02:38:14 Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA Is First Date: 03t29/2015 Jurisdiction: VERNON Last Date: 0 312 912 01 6 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150305318 RPT 03/2912015 07:50:52 .. . .,�. : , , CITE TRAFFIC STOP PACIFIC BL//FRUITLAND AV,VERNON Department OCA Number Juris VPD C2 CA010150546 CA0197300 VI VPD GAYTAN,LORENZ"2L8 07:50:52 08:13:38 20150305326: ;... - ,- .,... .. .. .. . . .. .. . .. . . . ...-. - .. .. .. . ... ... . , ... . .. - . .. .. . .. 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CITE 03130/2015 15:09:26 VI TRAFFIC STOP S SANTA FE AV/1 FRUITLAND AV.VERNON Department O ZA0 VP a member C p 97300 VPD HERRERA,GUSTf 2L12 15:09:33 15:58:59 VPD GAYTAN.L0RENZ2L11 15:19:36 15:19:37 15:21:45 15:58:58 VPD ZAPIEN•DAVID 2S2 15:20:54 15:22:23 a W .. ...3. �.t 20150305424 ... ... .. . .......�,..,,..., r ,- ....._� ......_ ... , ,....... ..,.... ...R . .,....... .� .�� w.. 0313112015 04:57:5S Page 2 of 3 'VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: o3/30/2015 Jurisdiction: VERNON Last Date: o3/30/2015 Call Number Disp Ten Received Caller Code Complaint Address Unft Time Dep Officer Unit Dlspatch Enroute OnScene Depart Arrive Remove Comp 20150305424 RPT 03/30/2015 15:28:52 1015 TRAFFIC STOP WALL//82ND,LOS ANGELES VPD ONOPA,DANIEL •5D34 19:13:22 15:28:52 15:55:45 19:27:24 17:39:42 VPD ZOZAYA,OSCAR 1 L12 19:26:05 19:33:37 19:50:32 VPD ESC0BEDO,ALER5D23 19:13:21 15:28:59 15:55:48 19:27:22 17:39:41 T. 20150305430 . .: ..... . �.,:9�.... .. ...�. :._ .::-?.F'�:Ate'?:�'. �xc'.•. n.f .w+y$a.a`i -:.T�s ivy.--.'�.v.. .-.. - .�*'�'.::-:•«.'^�.. 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VPD CR20150567 CA0191300 VPD GAYTAN,LORENZ'21-11 17:19:39 17:54:50 .. 1:.:'3.`.']i.'kz�..edl{':f:i C;:i��'.�1.[�F.`'�•:S':�'f.:v 0313112015 04:57:5S Page 3 o/ 3 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA Is First Date: 03/31/2015 Jurisdiction: VERNON Last Date: 03131/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Den Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Como 20150305457 RPT 03/31/2015 08:35:29 WEST COAST RAGS Department OCA Number RMS Jurif 902T 3301 LEONIS BL,VERNON VPD CR20150568 CA0197300 VPD RAMOS,JOSE '2L11 08:36:54 08-136.56 08!43:14 09:07:10 20150305468 n RPT 03/31/2015 11:36:23 DET.ENCINAS 901T E SLAUSON AV//ALCOA AV,VERNON Department OCA Number RMS Jurk VPD CR20150569 CA0197300 VPD CHAVEZ,CELEST"2L8 11:37:11 11:40:17 12:03:12 VPD RAMOS.JOSE 2L11 11:42:22 12:27:03 VPD NEWTONJODD 2L12 11:41:29 11:44:22 12:00:20 12:27:04 20150305477 RPT 0313V2015 15 16,14 SPEEDY FUEL 487R 3308 BANDINI BL,VERNON Department OCA Number RMS Juris VPD CR20150570 CA0197300 VPD RAMOS.JOSE '2L11 15:17:40 15:18:05 15:18:15 VPD NEWTON.TODD 2L12 15:18:13 1522A4 16:53:39 20150305486 .... . ' RPT 0313112015 18:06:17 _ - - 487R 2410E 38TH.VERNON Department OCA Number RMS Juris VPD CR20150571 CA0197300 VPD NEWTONJODD "2L12 18:08:02 18:08:02 18:38:55 L•... .. .... I9:a a i .. ... 0410112015 05:40:5S Page 1 of 1 ov rRR RECEIVED 'C APR 15 2015 D �t�v...�„e°��*' REC�--,'7��L� APR 15 20'S STAFF REPORT CITY ADMINISTRATION CITYCL wS off ICE POLICE DEPARTMENT DATE: April 21,2015 TO: Honorable Mayor and City Council FROM: Daniel Calleros, Chief of Police f�6 RE: A PROCLAMATION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON DECLARING THE WEEK OF APRIL 5-11, 2015, AS "SAFETY SEAT CHECKUP WEEK" Recommendation It is recommended that the City Council: A. Find that the proposed proclamation declaring the week of April 5-11, 2015 as "Safety Seat Checkup Week" as detailed in this staff report is exempt under the California Environmental Quality Act(CEQA), in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment. B. Authorize the Mayor to proclaim the week of April 5-11, 2015, as Safety Seat Checkup Week in support of the Safety Belt Safe U.S.A efforts to provide statewide awareness to educate and inspire the public about the importance of the correct and consistent use of proper safety seats in automobiles for infants and children. Backp-round Safety Belt Safe U.S.A. is a national, non-profit organization dedicated to child passenger safety. Their mission is to help reduce the number of serious and fatal traffic injuries suffered by children by promoting the correct, consistent use of safety seats and safety belts. Although statistics indicate that 82% of California children under age eight are using child restraints, more than three quarters of them are used incorrectly. Thousands of children are injured or killed every year by safety seats that are improperly fastened by parents or caretakers. To help educate parents in proper safety seat restraint systems, trained volunteers from Safety Belt Safe U.S.A. conduct inspections of the installation and use of safety seats. Parents will be told if the safety seats have been recalled or need of replacement parts and will be shown how to use them correctly. Safety Belt Safe U.S.A is hosting a free safety seat checkup, on Saturday, April 11, 2015, from 10:00 a.m. to 2: p.m., at the Petersen Automotive Museum, 6060 Wilshire Blvd., Los Angeles. This proclamation by the Vernon City Council recognizes April 5-11, 2015, as Safety Seat Checkup Week. Fiscal Impact None of f � r A PROCLAMATION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON DECLARING THE WEEK OF APRIL 5-APRIL 11, 2019 AS SAFETY SEAT CHECKUP WEEK WHEREAS, Safed vBeltSafe U.S.A. (`SafetyBeltSafe')is the national nonprofit organization dedicated to protecting children from death and injuries resulting from riding unrestrained in motor vehicles;and WHEREAS, the number one preventable cause of death and injury of children andyoung adults is automobile collision;and WHEREAS, although statistics indicate that 82% of California children under age eight are using child restraints, more than three quarters of them are used incorrectly;and WHEREAS, thousands of children are injured or killed everyyear by safety seats that are improperly fastened by parents or caretakers;and WHEREAS, the State of California requires that all occupants be pmpery restrained in safety seats or safety belts with children in the back seat until at least age eight and all occupants of motor vehicles to be buckled up correctly on every ride;and WHEREAS, crash-tested safety seats are moderately priced and widey availableforpurrhase at retail stores and at loin cost from safety seat distribution programs throughout California;and WHEREAS, to help educate parents in proper safety seat restraint systems, trained volunteers from SafetyBeltSafe conduct inspections of the installation and use of safety seats;and WHEREAS, the City of Vernon wishes to invite all residents and businesses within the City of Vernon to support SafetyBeltSafe'.r fforts to promote child passenger safety. NOW, THEREFORE, THE MAYOR AND THE CITY CO UNCIL OF THE CITY OF VERNON, ON BEHALF OF ITS EMPLOYEES, RESIDENTS AND B USINESSES, HEREBY DECLARES THE WEEK OF APRIL 5—APRIL 11, 2015,AS SAFETY SEAT CHECKUP WEEK THIS PROCLAMATION IS BEING PRESENTED TO SAFETYBELTSAFE U.S.A BY THE HONORABLE MAYOR W!MICHAEL MCCORMICK FOR AND ON BEHALF OF THE CITY COUNCIL OF THE CITY OF VERNON THIS 21"r DAY OFAPRIL, TWO THOUSAND AND FIFTEEN CITY OF VERNON W. MICHAEL MCCORMICKK,Mayor RECEIVED APR 16 2015 CITY ADM INISTRV STAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVICE DATE: April 21,2015 TO: Honorable Mayor and City Council - FROM: Samuel Kevin Wilson,Director of Public Works,Water&Development Services RE: 2014 ANNUAL REPORT OF THE PUBLIC WORKS,WATER& DEVELOPMENT SERVICES DEPARTMENT Enclosed herewith is the 2014 Annual Report of the Public Works,Water&Development Services Department. The report summarizes the Department's activities throughout the year. It is recommended that the report be received and filed by the City Council at the April 21,2015 City Council meeting. The Annual Report will subsequently be placed on the City's website. Thank you. SKW/ca Enclosure 5 fOUMO y 2014 ANNUAL REPORT OF THE PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES DEPARTMENT CITY OF VERNON SAMUEL KEVIN WILSON, P.E. DIRECTOR OF PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES Annual Report of the Public Works,Water and Development Services Department 2014 The Public Works, Water and Development Services Department has prepared this 2014 annual report which briefly summarizes the activities of last year. The value of private development within the City continues to grow. The reinvestment in the City continues to change the environment of Vernon from a heavy industrialized community to a logistical and light manufacturing hub for the Los Angeles Basin. While the number of permits issued by the department remained relatively the same,the value of construction grew to over $70,000,000 a 22.5% gain over the previous year. The Engineering division oversaw the construction of a new storm drain line in 55'Street, the rehabilitation of several streets in the former Central Manufacturing District area of the City with a rubberized slurry seal,the reconfiguration of the City Administrator's, City Attorney's, Human Resources and Information Technology offices,earthquake damage repairs that were made to Fire Station No. 1 and the resurfacing of portions of Boyle and Fruitland Avenue. As the new NPDES permit is taking full effect the City worked with neighboring communities to develop watershed management and monitoring plans. Water production and sales were down approximately 5.45%. The State of California continues to endure a prolong drought. The reduction in water sales could be a result of ongoing water conservation measures the City has enacted and the willingness of business to conserve. The amount of water utilized by the City's customers coincidentally matches the water rights owned by the City. Department crews continue to maintain the City infrastructure and equipment in good shape. Some of the tasks given to the public works and water crews include maintaining the roadways surfaces in an acceptable manner, keeping the City free of graffiti, maintaining the City's signs and street legends, maintaining the City's water, sewer and storm drain systems, maintaining the City's fleet of vehicles, maintaining the City's buildings and housing and maintaining the City's warehouse. The Department staff should be congratulated on their accomplishments of this past year. The Department has an excellent team of workers that show a lot of pride in their work. However, given the workload it will continue to be challenging for staff to provide an acceptable service level. The work of the Department continues to be the backbone of the City services provided to the community. Staff members interact daily with the public, ensuring both private development continues to be accomplished in a non-bureaucratic manner and the City's infrastructure is maintained in an acceptable condition. The Department should continue to be given the appropriate resources to meet these goals. Sincere[ n amuel Kevin Wilson,P.E. Director of Public Works, Water and Development Services of v4e 1T0I ANNUAL REPORT OF THE CITY OF VERNON ENGINEERING DIVISION This report serves as the 2014 Annual Report for the Engineering Division of the Public Works, Water&Development Services Department for the City of Vernon.This report is a comprehensive review of the year's major projects, and includes brief descriptions and illustrations of the public improvement projects for the year 2014.Additional information for each project is available for public review,as needed. The Engineering Division's goal is to provide sound engineering services that ensures public safety and maximizes the taxpayer's investment.The Engineering Division's functions are geared towards the design, construction,and maintenance of municipal properties and infrastructure. Focus is also given to achieving higher levels of efficiency, effectiveness and productivity for the division. The Engineering Division provides the following areas of service: • Capital Improvement Project Design Services include focusing on civil engineering services for the design and contract administration of infrastructure projects such as streets, bridges,traffic signals, storm drains, sewers that lie within the City's right-of-way as well as improvements involving public buildings.These services also include managing and analyzing all right-of-way data for the city. • Construction and Inspection Services include providing construction management services for construction of projects within the City's right-of-way. These services also include field surveying and inspection to ensure that construction projects are completed at a high level of quality and per engineering specifications and plans. • Development Services include reviewing private development projects. This entails reviewing grading plans, subdivisions, lot mergers, lot line adjustments, grant deeds, covenant&agreements, utility easements,analyzing impacts that private developments might have on the public right-of-way, plan checking, preparing frontage improvement plans, issuing encroachment permits, acquisition/disposal of public property and performing as the main Public Works liaison to the public at the engineering counter or by telephone. • Traffic and Transportation Services include designing and maintaining the traffic related infrastructure in the City including traffic signals, striping, traffic investigations, evaluations per public modification requests and volume and speed studies. • National Pollutant Discharge Elimination System(NPDES)Compliance Services include the implementation of requirements imposed on the City under the Los Angeles County- wide Phase 1 Municipal Separate Storm Sewer System NPDES permit. These services also include the Total Maximum Daily Load imposed on the City to address impairments of water quality standards in the Los Angeles River. a s A From Left to Right: Felix Saldana,Engineering Aide,Vince Rodriguez, Public Works Project Coordinator,Claudia Arellano, Stormwater&Special Projects Analyst,Rafael Contreras, Project Engineer,Lissette Melendez, Associate Engineer and Felix Velasco, Assistant Engineer CAPITAL IMPROVEMENT PROJECTS Project No. 143004: Reconfiguration of City Administration,City Attorney,Human Resources and Information Technology Department Offices The reconfiguration of the offices in the following departments is part of the 5-year capital improvement plan to improve existing City Building Facilities: City Administration,City Attorney Human Resources and Information Technology. This project consists of the renovation of approximately 5,225 square feet of office space within the current City Hall Building. The following City contracts were awarded as part of the City Project No. 143004: City Contract No.CS-0412 for the preparation of construction plans and project manual was awarded to Simon Glover Inc., and Victor Palos Development and Construction was awarded Contract No.CS- 0428, for all construction activities. The project included the creation of new offices therefore; new furniture was procured under the existing National Intergovernmental Purchasing Alliance(NIPA)Contract No. 30016. Project construction began in November 2014 and it is expected to be completed in March 2015. Felix Velasco,Assistant Engineer completed the contract specifications and is responsible for administering this project. This project is scheduled for City Council acceptance in April 2015.The total cost for this project will be approximately $450,000.00. ara City Administration Offices—Before Improvements a. . City Administration Offices—During Construction Project No. 143005: Citywide Rubberized Slurry Seal—Phase III Plans and specifications were developed as part of a six phase plan to place rubberized slurry seal in various streets throughout the City. Rubberized Emulsion-Aggregate Slurry(REAS) Seal is a cost effective maintenance treatment for streets that extends the life of the asphalt pavement. The map below shows the streets improved as part of Phase III of this project. Each phase of the project also includes some conventional fill and mill asphalt repair on spot locations and the restriping of the streets. The City issued three separate contracts as part of this project. For the material, (Contract No.CS-0025) the City piggybacked onto a current contract that was issued by the City of Los Angeles with Petrochem Manufacturing,Inc. (PMI).Piggybacking is when a public agency uses an existing public contract as a template to form their own contract directly with the vendor to purchase on the same or similar terms.The City of Los Angeles used a competitive bid process to obtain labor and material cost for PMI. Contract No.CS-0501 was awarded to Superior Pavement Markings for the restriping of the streets slurry as part of phase III. Contract No. CS-0487 was awarded to All American Asphalt for the labor portion of the project. The Project Specifications were completed by Rafael Contreras,Project Engineer and Vince Rodriguez,Public Works Project Coordinator. Striping plans were completed by Lissette Melendez, Associate Engineer and Felix Velasco, Assistant Engineer. The project was approved by City Council in August 2014. PMI and the City of Vernon entered into a contract agreement in September 2014 (CS-0025). All American Asphalt and the City of Vernon entered into a contract agreement in September 2014(CS-0487). Construction began in September 2014.The project was managed and inspected by Vince Rodriguez, Public Works Project Coordinator.The project was completed in October and was accepted by Vernon City Council in November 2014. Total budgeted funds for both projects were $204,123.00.Work was completed under budget at a cost of$194,568.24. CITY OF VERNON _4n; ' I PROJECT MAP ' CITYWIDE SLURRY SEAL -� - (REAS) ;. LEGEND: i PHASE 111 I SLUQRl SEAL LCMAT ON8 I CITY OF VEIiNON - CONTRACT NO. 09-0497 CS-00"-Atlantic Boulevard Bridge over the Los Angeles River-Design The scope of work for the Atlantic Boulevard Bridge over the Los Angeles River project will include the development of plans for the proposed widening and rehabilitation of the bridge.The bridge widening will increase the width of the roadway through lanes, add a new right turn only lane in the southbound direction, a center median,traffic shoulders,and standard sidewalks. To accommodate the widening of the proposed roadway,the bridge piers and footings will be modified and enlarged.The two nearest traffic signals,one at the Atlantic Boulevard and District Boulevard intersection, and one at the entrance to the 3030 Atlantic Boulevard property, will be modified as part of this project.The adjacent railroad signals for the at-grade crossings on the north and south sides of the bridge will require the installation of California Public Utilities Commission (PUC)approved devices and the two previously mentioned vehicular traffic signals on both sides of the bridge will also be preempted when the railroad movements cross Atlantic Boulevard. The project area begins north of District Boulevard and extends north-eastward along Atlantic Boulevard, crossing over the Los Angeles River and ends near the railroad tracks on the north side of the river. K � Marc a.n . rwnw wcwt CITY OF VERNON — PROJECT NO. CS-0099 ® PROJECT SITES ATLANTIC BLVD BRIDGE OVER : THE LOS ANGELES RIVER Initial funding was provided by earmark funds secured by Congresswoman Lucille Roybal- Allard for the early design engineering and environmental study. Federal funding for the right of way activities and construction is provided by the Highway Bridge Program(HBP). Additional funding is also provided by the Metropolitan Transportation Authority(MTA)from the voter approved Measure R funds.The City of Vernon also provides matching funds for the federal funding sources. During the course of the final design development, some project elements required modifications in order to streamline the project needs and permitting.The modified or added project elements are related to the rail crossing safety improvements, PUC Permitting Requirement, U.S. Army Corps of Engineers(USACE)Permitting Requirement,and structure safety improvements. The final design is scheduled to be completed by the end of 2015. The City will finalize the right of way acquisition process and obtain easements to accommodate the bridge widening. The engineering cost estimate for the construction is $19 million and it is anticipated to commence in the summer of 2016. IT1111111 fir! Atlantic Boulevard Bridge—Existing Condition k d-- t k Atlantic Boulevard Bridge—Proposed CS-0012—Citywide Concrete Repair & Replacement Project 2014 For a few years the City of Vernon has implemented an annual Concrete Repair Program. This project entails repairing or replacing damaged concrete at various locations within the City of Vernon.This contract primarily focuses on damaged sidewalk with vertical displacements that can be trip hazards and also attempts to fix other deteriorated concrete infrastructure such as curb, gutter, driveways and tree root shaving when necessary. Plans and specifications are currently being developed.This project is scheduled to go out to bid in the summer of 2015. CS-0192—Citywide Pedestrian Countdown Head Upgrade Project The project replaced dated existing pedestrian signal heads with new pedestrian countdown signal heads and some signal head framework housings at 41 signalized street intersections. These upgrades improve the overall safety of pedestrians,bicyclists, and traffic in the City of Vernon. The City obtained funds for this project from two sources: Highway Safety Improvement Program(HSIP) and the Transportation Development Act(TDA)Article 3 Bicycle and Pedestrian. The Highway Safety Improvement Program(HSIP)Cycle-4 Federal Fund covered approximately 90% of the cost for the project. The remaining 10% funds were a mixture of Transportation Development Act(TDA) Article 3 Bicycle and Pedestrian funds and local City funds. The City Council awarded the project in May 2013 to PTM General Engineering Services for $44,935. During the replacement of the pedestrian signal heads,the contractor encountered approximately 56 irregular pedestrian signal head frameworks that did not accommodate the standard pedestrian countdown signal head module size. The irregular framework housings had to be replaced at an additional cost of$39,181.68, which brought the new contract total amount to$84,116.68. The additional work was authorized by the City Council on February 2014,due to the delay encountered securing additional federal funds from Caltrans. The project was completed and accepted by City Council in May 2014. The final contract amount was completed for the contract cost of$84,116.68. CS-0352—Signalized Intersection Improvements Project 2014-2015 This project consists of complete re-wiring of two existing signalized intersections. The intersections are selected based on the existing conditions. The two intersections selected for the 2014-2015 year were Santa Fe Avenue at 281 Street and Bandini Boulevard at the I-710 off ramp. In addition to rewiring, the project also includes various improvements at the selected intersections. Lissette Melendez,Engineering Associate, Felix Velasco, Assistant Engineer and Vince Rodriguez, Public Works Project Coordinator,continue to finalize plans and specifications. The project is expected to go out to bid in the summer of 2015. CS-0403—Boyle Avenue and Fruitland Avenue Street Improvements This project consisted of cold recycling of the existing deteriorated asphalt concrete pavement,repaving with a 2"thick new asphalt overlay, re-striping of traffic markings, installation of access ramps,and the repair of deteriorated concrete improvements on Boyle Avenue from Leonis Boulevard to Slauson Avenue and on Fruitland Avenue from Soto Street to Downey Road. This project also included traffic signal re-wiring and minor modifications at the intersections of Boyle Avenue at Leonis Boulevard and Boyle Avenue at Fruitland Avenue. Additionally,crack seal repairs were completed on Santa Fe Avenue from the north City boundary to the south City boundary and on Bandini Boulevard from Soto Street to the I-710 Freeway. Construction plans and specifications were completed by staff in February 2014.City Council approved to advertise the project in February 2014. Sully Miller Contracting Company and the City of Vernon entered into a contract agreement in April 2014. Construction began in May 2014. The project was managed and inspected by Vince Rodriguez, Public Works Project Coordinator. The project was completed in September 2014 and was accepted by the Vernon City Council in October 2014. The total budgeted funds for the completion of the project were approximately $1,583,363.70. Work was completed under budget at a cost of$ 1,543,273.33, 1 I I I _ I I I i Aw f Boyle Avenue—Before Improvements I Comer of Fruitland &Boyle Avenue—During Construction -NM �l 1, Boyle Avenue—After Improvements CS-0421—551'Street Storm Drain Improvements This project consisted of the installation of 1,400 feet of 30"-36" storm drain on 55'Street from Alameda Street towards Santa Fe Avenue.The project alignment began at the intersection of 551 Street and Alameda Street where it connected to the existing Los Angeles County Flood Control Districts' 72" storm drain system. Six (6) new maintenance manholes and six(6)new catch basins were constructed along the alignment as part of the project.The invert depth for the storm drain varied from approximately eight (8) feet to ten (10)feet below the existing ground surface. A sewer manhole was removed and relocated as part of this project. Construction plans and specifications were completed by Felix Velasco, Assistant Engineer and Vince Rodriguez,Public Works Project Coordinator in May 2014. City Council approved to advertise the project in May 2014. Ramona Inc.Company and the City of Vernon entered into a contract agreement in June 2014. Due to the limited availability of reinforced concrete pipe (RCP), construction did not begin until October 2014. The project was managed and inspected by Vince Rodriguez,Public Works Project Coordinator.The project was completed in December 2014 and is expected to be accepted by Vernon City Council in January 2015.Total budgeted funds for this project were$628,390.00. Due to unforeseen conditions, work was completed at a cost of $653,672.73. x IU 44 55'Street—Existing conditions AN i I I _ I 4 I 551 Street—Storm Drain Construction CS-0425: Reroofing of City Hall Mechanical Room The project included the removal and replacement of the roofing material system on the City Hall Penthouse Mechanical structure. The existing roof was in extremely poor condition, which included rust and leaks throughout the structure. In compliance with the purchasing expenditure thresholds shown on the City of Vernon's recently approved Ordinance No. 1221,the Public Works' Engineering Division obtained informal quotes for the Reroofing of City Hall Penthouse Mechanical Room Project. Contract No.CS-0425 was awarded to Letner Roofing Co. Inc. in December 2014 in the amount of$41,433.00.Work is scheduled to commence in January 2015 and it is estimated to be completed that same month. CS-0426—Fire Station No. 1 Repairs Fire Station No. 1 is located at 3375 Fruitland Avenue. The repairs completed as part of this project included brick repair and replacement work at the four building columns on both interior and exterior sides as well as minor concrete repairs to the column foundations. Plans for the repairs were developed by the City's structural engineering consultant. Lissette Melendez,Associate Engineer,completed the specifications as well as contract management for the project. The contract was awarded to Frank S. Smith Masonry, Inc. in November 2014. Construction was completed in December 2014 for a final contract amount of$38,900.00. A •a. f • � f t r T 1 L Southwest Column—Before Repairs i Southwest Column—During Repairs Southwest Column—After Repairs Bridge Preventative Maintenance Program Los Angeles County Public Works Department advised the City of Vernon that the County had applied for and received funding from the Federal Highway Administration (FHWA)under the Federal Bridge Preventative Maintenance Program(BPMP).The County offered to administer the funding and maintenance of the three following bridges in Vernon: County Bridge No. State Bridge No. Location 1852 53C0827 BANDINI BL/LOS ANGELES RV 2333 53C0867 SOTO ST/LOS ANGELES RV 1455 53C0786 26`h ST/DOWNEY RD The proposed preventative maintenance activities for the bridge structures have been derived based on biannual bridge inspection reports performed by the County. The overall project design and construction costs for repairs to the three bridges are estimated by the County to be $1,249,000. Of that total, the City's cost share is estimated at$149,000. Included in the requested amount is the cost for preliminary engineering,to include environmental findings and approvals/permits,design survey, soils report,traffic index and geometric investigation,preparation of plans, specifications, and cost estimates, right-of-way engineering,utility engineering, and all other necessary work prior to award of a construction contract.The County will also perform construction engineering management services, which include administering the bidding, construction contract award,and the construction of the project. Via City Resolution No. 2012-183 in 2012,the City Council authorized the City to participate in the BPMP. On April 2014, the City Council approved and entered into cooperative agreement for the Bridge Preventative Maintenance Program with the County of Los Angeles. PRIVATE DEVELOPMENT REVIEW In conjunction with a Building Permit, Conditional Use Permit and/or the recordation of a final map,frontage improvements are often required as an exaction(condition)for private development.The City of Vernon Engineering Division designs the frontage improvement plans or reviews and approves plans submitted by a private engineer. Improvements are constructed per City of Vernon Standards, inspected by a City inspector,and paid for by the developer. An encroachment permit is required for construction.The Engineering Division then provides surveying and inspection of the improvements. Along with a Grading Permit,the contractor may be required to implement low impact development(LID)post-construction controls to mitigate potential stormwater pollution which shall be in accordance with the City's LID Guidance Manual. The developer's proposal is reviewed and approved by the Engineering Division. The Developer may also adjust the property lines to fit the development in accordance with the Subdivision Map Act. Additionally, the Developer may be required to dedicate property to the City to widen roadways in accordance with the City of Vernon Master Plan of Streets. This may entail property dedications to the City, utility easements, lot line adjustments, and/or lot mergers along with the required improvements.These legal documents are typically submitted by the Developer and are reviewed and approved by the Engineering Division. Frontage Improvement Plans Prepared by City Staff • District Boulevard east of Atlantic Boulevard Frontage Improvement Plans Reviewed by City Staff • None in 2014 Grading,Hydrology & Hydraulic Plans Reviewed by City Staff • 3294 261'Street • 3480 26t'Street • 3636 261h Street • 3000 46th Street • 4675 52"d Drive • 5820 Alameda Street • 3305 Bandini Boulevard • 5119 District Boulevard • 1669 Downey Road • 5000 Pacific Boulevard • 3250 Saco Street • 5332 Santa Fe Avenue • 5041 Santa Fe Avenue • 5190 Santa Fe Avenue • 4900 Soto Street Low Impact Development Reviewed by City Staff • 3294 26t'Street • 3480 26`h Street • 3636 26`h Street • 4675 52"d Drive • 5119 District Boulevard • 5000 Pacific Boulevard • 3250 Saco Street • 5332 Santa Fe Avenue • 5041 Santa Fe Avenue Frontage Improvement Construction Inspected by City Staff • 5332 Santa Fe Avenue • 3250 Washington Boulevard • 3480 26`h Street • 2910 Ross Street Legal documents reviewed by City Staff Grant Deeds • 3492 26`h Street 4uitclaim Deeds • 3250 Saco Street • 2825 Santa Fe Avenue Easement Deeds • 3250 Saco Street—Fire Lane Easement • 2825 Santa Fe Avenue—Fire Lane Easement • 3222 Washington Blvd.—Electrical Easement • 3232 Washington Blvd.—Electrical Easement • 5000 Pacific Blvd.—Public Road Easement • 3480 26th Street—Electrical Easement Voluntary Lot Mergers • 5000 Pacific Boulevard • 4675 52"d Drive Lot Line Adjustments • 3636 261h Street • 3305 Bandini Boulevard Covenants and Agreements • 4950 49t'Street • 4833 Fruitland Avenue • 5030 Gifford Street Tentative Parcel Maps • None in 2014 Final Parcel Map 0 None in 2014 OWN f ■ 1M �J I do 7 . : � - -- - 5332 Santa Fe Avenue—Before Frontage Improvements wo 5332 Santa Fe Avenue—After Frontage Improvements TRAFFIC IMPROVEMENTS CS-0461: Traffic Signal Maintenance The City contracted with Aegis ITS to conduct the citywide traffic signal maintenance. Aegis ITS monitors and maintains the functions of the traffic signals at an optimum level. They also perform routine maintenance on forty-one (41) signalized intersections including all extraordinary work and emergency repairs required throughout the year. For 2014, the total maintenance cost for all routine activities including all extraordinary maintenance was$78,822.01. The routine maintenance activities consist of a thorough monthly inspection,cleaning of all signal cabinets and verification of the function of the traffic signal equipment at each intersection. The extraordinary maintenance activities consist of responding to events related to traffic signal damage caused by traffic accidents, repair or replacement of any malfunctioning components, replacement of burnt out lamps,damaged traffic detector loops and replacement of deteriorated wiring and other traffic signal equipment. Aegis ITS is on call 24-hours a day, seven days a week. CS-0234: Traffic Control System Project(TCS) The Engineering Division has been working with the Los Angeles County Department of Public Works (LACDPW)on the installation of a Gateway Cities Traffic Forum funded Traffic Control System in the City of Vernon to monitor traffic signals, integrate intelligent traffic signal systems and exchange real-time data among ITS systems located across jurisdictional boundaries. There are 49 signalized intersections within City boundaries. Five(5)traffic signal locations are owned and maintained by City of Los Angeles; one(1)traffic signal is owned and maintained by the Los Angeles County; and one(1)is maintained by City of Maywood. The new Traffic Control System will connect 35 City owned and maintained signalized intersections via a combination of wireless and fiber optic cable network to a central traffic control system located at City Hall. The project was awarded to TransCore ITS,LLC. Cooperation Agreement with the Los Angeles County were finalized and work on signal improvements commenced in mid-2014. Improvements included the replacement of existing Econolite controllers with 170-type controllers at 10 signalized intersections and 7 existing controller cabinets were replaced with 332-type cabinets. The existing timing data at 35 signalized intersections will be reviewed and modified to comply with the latest California Manual on Uniform Traffic Control Devices(CAMUTCD). The total cost of the project is estimated to be$966,000. Project completion is scheduled for June 2015. CS-0422: Street Sweeping Services CleanStreet was responsible for sweeping all curbs and gutters along paved public streets, alleys, street medians and islands within the corporate limits of the City for 2014. Per the approved cleaning schedule, each street was cleaned once a week. The annual cost for this service was $110,396.64. In 2014,the Contractor removed 582 tons of trash and debris from the City's streets and disposed of the material. The street sweeping takes place Sunday through Thursday from late evening until 5 in the morning in order to minimize the impact on the traffic in the City. ENCROACHMENT PERMITS An Encroachment Permit is required for all work performed within the City's street right-of- way or easement, by governmental agencies,utility companies,property owners and private contractors, as well as closing of traffic lanes, detouring traffic, interfering with the normal parking or the pedestrian use of the sidewalk. Typical examples of work include: • Trenching across public right-of-way for installation of water, sewer, storm drain, cable and other underground utilities. • Construction of curb, gutter, sidewalk,driveway, and roadway pavement • Water monitoring and extraction wells, soil sample borings. With each Encroachment Permit Application, a site-specific plan and appropriate insurance is submitted along with payment of fees. In 2014, a total of 270 Encroachment Permits were processed and 232 were issued. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM COMPLIANCE Stormwater and non-stormwater discharges are regulated under the Clean Water Act's National Pollutant Discharge Elimination System(NPDES) program. There are several types of activities regulated under the NPDES program such as construction, municipal,and industrial activities. Municipalities that have separate stormwater and sewer infrastructure and that are within urban areas with populations over 100,000 are subject to a Phase I Municipal Separate Storm Sewer System(MS4) NPDES permit. Since 1996,the City was covered under the county-wide Phase 1 Municipal NPDES permits until a new Municipal NPDES permit was adopted in 2012. Watershed Management Program Plan and Coordinated Integrated Management Program Plan During the 2014 calendar year Public Works Department staff continued to work with the Los Angeles River Upper Reach 2(LAR UR2)Watershed Management Area Committee on the development of the draft Watershed Management Program(WMP)Plan and the draft Coordinated Integrated Monitoring Plan (CIMP). The WMP and CIMP Plans remain in draft form until such time as the Los Angeles Regional Water Quality Control Board(LARWQCB) approves the plans. In developing the draft WMP Plan, a Reasonable Assurance Analysis (RAA) was prepared to ensure the draft WMP Plan attains the Municipal NPDES Permit goals and objectives, through an iterative adaptive management process(AMP) identified within the Municipal NPDES Permit. The RAA identified zinc and E. coli(indicator bacteria)as controlling contaminants that must be addressed through the WMP adaptive management process. To meet the Total Maximum Daily Load (TMDL)thresholds the City must implement costly new pollutant source and watershed control measures (including Minimum Control Measures), Low Impact Development(LID) and Green Streets projects, Low Flow Diversions (LFDs), scientific studies,enforcement, and structural Best Management Practices (BMPs). Staff believes there is no proven technology to treat bacteria; therefore,to meet the TMDL criteria, stormwater must be captured and infiltrated into the earth rather than be allowed to flow to the river. The RAA and draft WMP Plan identified six (6) regional structural BMP projects, estimated to cost between $80 and $210 million, and an additional $73 million in residential and commercial LID street renovations that may need to be implemented over the next two decades. The six conceptual structural BMPs were located under public lands, such as parks and easements,to avoid land acquisition costs, but construction of the regional projects lower in the subwatershed,and closer to the outfall, could result in smaller facilities with lower costs. More specifically, a regional structural BMP is proposed in the City of Vernon. The regional structural BMP is identified as the Los Angeles Department of Water and Power(LADWP)transmission easement. The LADWP Transmission Easement is an infiltration trench project. The water quality design volume of the planned infiltration trench was modeled as an infiltration basin as identified via a structural BMP prioritization and analysis tool called SBPAT. The planned LADWP Transmission Easement project is estimated to cost$20 million plus maintenance and operation. Below is a table listing the six regional structural BMP projects: RegionalLAR UR2 WMA ' Cost Name Low Cost High Cost Randolph Street Green Rail Trail $4,300,000 $10,800,000 LADWP Transmission Easement $7,600,000 $19,600,000 John Anson Ford Park $36,800,000 $91,300,000 Rosewood Park $14,000,000 $36,800,000 Lugo Park $6,700,000 $17,200,000 Salt Lake Park $12,600,000 $33,200,000 Total: $82,000,000 $209,000,000 Note:Estimates are based on 2014 dollars. In order to design and construct these regional structural BMP projects,the LAR UR2 Committee will have to devise a cost sharing formula and enter into a separate or amended Memorandum of Understanding(MOU). The City of Vernon's share of the cost for these six regional structural BMP projects is estimated to be over$35 million in the next 23 years. It is still possible that after all these structural and non-structural BMPs are installed,the receiving waters may still carry pollutant exceedances due to unavoidable occurrences such as air disposition and wildlife. While the draft WMP Plan encourages the agencies to begin applying for grant funding support to construct these facilities,the draft WMP Plan also encourages cities and regional management to consider undertaking studies or efforts to more accurately characterize pollutant loads, preparing a zinc water effects ratio site specific objective study, and re-designating the beneficial use threshold. The LARWQCB staff provided comments to the draft WMP Plan in October 2014 and the comments focused on the polluted runoff from the General Industrial Permittees and non-permitted facilities such as the railroads and the recently submitted special studies for the results of the Los Angeles River copper water-effect ratio and lead recalculation studies. The revised WMP Plan is scheduled for re-submittal to the LARWQCB and the revisions have a potential to carry additional costs to the City of Vernon. The draft WMP Plan was submitted to the LARWQCB in June 2014 as required under the Municipal NPDES Permit. The draft CIMP Plan was prepared and submitted to the LARWQCB in June 2014. The draft CIMP Plan will allow implementation of an integrated approach to support the AMP as intended in the Municipal NPDES Permit. The LAR UR2 Committee proposes to implement a dry and wet- weather receiving water monitoring station along the Los Angeles River at Tweedy Avenue in the City of South Gate,just downstream of the largest storm drains from the area. Seven stormwater outfall based monitoring sites are proposed,that would allow water quality to be collected annually,from over 70% of the LAR UR2 watershed management area, based on Los Angeles County subwatershed delineations. Since the Rio Hondo is normally dry,the Ford Park outfall site would be sampled during three storm events per year to develop watershed management area trend data and compliment data that might be needed to support regional wet-weather receiving water assessments. The remaining six outfall sites would be split into two groups, with similar land use characteristics, of three each and monitored annually. This strategy is proposed to facilitate annual characterization of most discharges from the LAR UR2 watershed management area. The LAR UR2 draft CIMP Plan also proposes a non-stormwater outfall based monitoring approach that will complement the Illegal Discharge/Illicit Connection (IC/ID) Elimination Minimum Control Measure(MCM) watershed control measure component of the draft WMP Plan and Municipal NPDES Permit. Similarly, the New and Redevelopment Effectiveness Tracking MCM, should support the anticipated demonstration of steady progress in reducing pollutant loads and concentrations observed at the LAR UR2 watershed management area outfalls and in adjacent receiving waters. Regional studies, through the(Southern California) Stormwater Monitoring Coalition (SMC), or more locally focused special studies, such as the contemplated zinc Water Effects Ratio(WER) Site Specific Objective(SSO)study could also be coordinated through the AMP and implemented through modifications of the CIMP,to prioritize evolving water quality exceedances and priorities that develop. Effective CIMP implementation will present difficult hurdles for all of the involved stakeholder groups. Comments from the LARWQCB staff on the revised draft CIMP Plan were received in November 2014 and focused on the inclusion of toxicity monitoring. The revised draft CIMP Plan is scheduled for re-submittal to the LARWQCB in February 2015. The revisions to the draft CIMP Plan also have potential to carry additional costs to the City of Vernon. Upon receipt of an approved CIMP Plan,implementation of the CIMP Plan is required to commence within 90 days. Such tasks under the CIMP plan will be contracted out through a formal bidding process. In anticipation of an approved CIMP Plan the LAR UR2 Committee advertised the contract work for the implementation of the CIMP Plan in October 2014. In November 2014 the LAR UR2 Committee received proposals for the contract work and anticipate award of a contract to the most qualified contractor in the early part of 2015. As of year-end 2014 the City of Vernon's share of expenditures for the development of the draft WMP Plan and draft CIMP Plan has equaled$115,003.13. Low Impact Development(LID)Proiects The first Planning Priority Project subject to LID implementation has been constructed in the City of Vernon. Joffe Jeans located at 5332 Santa Fe Avenue installed an infiltration trench on their property. Total Maavmum Daily Load (TMDL) A Total Maximum Daily Load(TMDL) as defined by the United States Environmental Protection Agency is the sum of the individual wasteload allocations(WLAs)for point sources, load allocations(LAs)for nonpoint sources and natural background, and a margin of safety(MOS). TMDLs can be expressed in terms of mass per time, toxicity, or other appropriate measures that relate to a state's water quality standard. The City of Vernon is subject to compliance under several TMDLs(Trash, Metals,Nutrients, and Bacteria). The Los Angeles River Trash TMDL required that at least 90% of the catch basins and grates be equipped with full capture devices by the compliance date of September 30, 2014. The City of Vernon met the compliance deadline with a total of 92% catch basins retrofitted with a full capture device. The City of Vernon is slated to retrofit the remaining catch basins in the City's jurisdiction in 2015. The Los Angeles River Metals TMDL is in effect and the City of Vernon continued to participate in the Coordinated Monitoring Plan to measure the metals in the stormwater and non- stormwater with a group of Los Angeles County cities that drain into the Los Angeles River as required under the Municipal NPDES Permit. The results of the dry and wet weather sampling and testing are being considered by a Committee and submitted to the LARWQCB for review. As of this date there have been few exceedances during dry weather but a number of exceedances in wet weather. A City Managers group was formed in 2010 to seek funds for the investigation into the source of the metals in the stormwater. Two studies were considered: 1)A WER study which determines the allowable concentration in the river versus that found in the laboratory based on the toxicity of the concentration, and; 2)Aerial deposition study to determine the contribution of pollutants carried from non-point sources into the waters of the watershed. The City of Vernon contributed funds to the WER study. The complete implementation report of the WER Study was submitted to the LARWQCB in 2014. The adoption process will take approximately 2 years. The Los Angeles River Nitrogen TMDL's principal source of ammonia and nitrogen compounds to the Los Angeles River is discharges from the water reclamation plants (WRP). The WRPs are located in the upper Los Angeles River. Although the City is not a major point source of nutrients,the LARWQCB requires that a CMP be implemented by all cities that drain into the Los Angeles River. The City continued participation during 2014 with several Los Angeles County cities that drain into the Los Angeles River and contracted with the City of Los Angeles to conduct the monitoring activities of the Coordinated Monitoring Plan as required by the LARWQCB. The Los Angeles River Watershed Bacteria compliance target for 2014 was to submit a Load Reduction Study (LRS) and identify priority outfalls with relatively consistent, problematic discharges that drive storm drain loading rates above the wasteload allocation and outlier outfalls that exhibit infrequent high loading rates and are subject to follow up investigations. As such,the LAR UR2 Committee pursued proposals from contractors to complete an LRS. The final LRS determined that there are four(4) outlier outfalls which drain portions of the LAR UR2 watershed management area. The 4 outlier outfalls will be investigated via the CIMP Plan to determine potential sources of E. coli which will be reported to the LARWQCB by March 2019. Please note all TMDLs will be addressed in the WMP Plan and CIMP Plan. Several TMDLs for the Los Angeles River had deadlines of 2012 which were established in the 1999 consent decree entered into by the US Environmental Protection Agency and the environmental groups. An accelerated program of TMDL establishment was implemented by the LARWQCB and the State Water Resources Control Board to meet this deadline. Non-Stormwater Discharges Part III, Discharge Prohibitions of the Municipal NPDES Permit requires Permittees to prohibit non-stormwater discharges through the MS4 to receiving waters with some exceptions(i.e. authorized non-stormwater discharges separately regulated by an individual or general NPDES permit, authorized non-stormwater discharges from emergency firefighting activities,etc.). Discharges from drinking water supplier distribution systems such as the City of Vernon's Water Department are also conditionally exempted provided appropriate BMPs are implemented. As such,the Water Department reported a total of twenty(20)planned non-stormwater discharges greater than 100,000 to the Los Angeles County Flood Control District as required under the Municipal NPDES Permit. Proposition 84 Grant Funding The City of Vernon is participating with the cities of Bell Gardens,Downey,Lynwood, Norwalk,Paramount, Pico Rivera, Santa Fe Springs, Signal Hill, South Gate,and Whittier in the Proposition 84 grant funding application to install stormwater treatment systems (Project). The Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority(GWMA) contracted with a consultant to lead the coordination on behalf of the aforementioned cities and was awarded$1,073,820 in grant funds with a local match of$270,220. The Project includes stormwater pollution prevention devices(i.e.Tree box LID BMPs; Bioswale LID BMPs, and; Bioretention Tree box LID BMPs)to be installed along transportation corridors. Such devices will assist the aforementioned cities in meeting water quality standards. As previously reported,the Municipal NPDES Permit incorporated a number of enforceable TMDLs. To attempt to achieve TMDL compliance with the water quality standards the Municipal NPDES Permittees are required to implement and install non-structural and structural BMPs. The City of Vernon's portion of grant funds is for two(2)tree box LID BMPs. The tree box LID BMPs are slated to be installed on 261 Street: 1)one tree box will be installed west of Indiana Avenue, and; 2)one tree box will be installed east of Indiana Avenue. The tree box LID BMPs will be the City's first pilot project to achieve compliance with the Los Angeles River Metals TMDL. The value of the two(2)tree box LID BMPs to be installed in the City's jurisdiction is $92,185.45, including construction, project management and monitoring with a total local match of$18,565.45. GWMA entered into a Grant Agreement with the State Water Resources Control Board to assist in facilitating the receipt,processing, and reimbursement of the Grant Agreement funding. The timeline for construction of the Project is scheduled to commence in July 2015 and completed no later than March 31, 2017. C6 * , os ' itG gS s I�Ftr ANNUAL REPORT OF THE CITY OF VERNON BUILDING & SAFETY DIVISION The City of Vernon experienced a dramatic increase in building development in 2014. The total valuation of permits issued in 2014 was $70,520,524 as compared with$57,555,724 in 2013. Fire permits are excluded from the numbers in 2014. The number of permits issued in 2014 remained relatively the same from the previous year, 681 permits compared to 676 permits in 2013. The total fees collected in 2014 for these permits was $1,011,344.17 compared to$834,859.19 in 2013. During 2014, 192 businesses received a Certificate of Occupancy compared to 149 in 2013. Year Number of Permits Valuation j 2006 903 $99,178,058 2007 1064 $98,944,554 2008 987 $62,484,626 2009 887 $55,748,122 2010 742 $40,313,125 2011 743 $35,769,877 2012 746 $28,146,648 2013 676 $57,555,724 2014 681 $70,520,524 Out of the 681 permits issued, four new buildings totaling 406,124 square feet were developed in 2014. To allow for this and future developments,demolition of existing facilities is necessary. Eight buildings or structures,totaling 515,354 square feet, were demolished in 2014. In addition to the new buildings, there were many other major projects that included improvements such as: interior office additions, remodeling, equipment platforms, grading, paving, re-roofing and electrical, mechanical and plumbing equipment installations. This amount of new construction continues to signify that the City of Vernon is a very desirable location for new and existing businesses. The Building& Safety Division is responsible for enforcing California Building Codes and regulations.To meet these challenges, under the direction and encouragement of the Director of Public Works,Water& Development Services, Kevin Wilson,the departmental staff is committed to continually improving their knowledge and qualifications. During 2014 Pepe Reynoso, Sr. Building Inspector, maintained his ICC Plans Examiner and Building Inspector(for Commercial & Residential)Certifications, attended several seminars on the California Building Code, CALBO 2014 Education Week, and ICC monthly meetings;James Moore, Electrical Inspector, maintained his IAEI Electrical Plans Examiner and Electrical Inspector Certifications; Wesley Cruz, Plumbing& Mechanical Inspector, maintained his Certification as a Plumbing Inspector and Mechanical Inspector from the International Code Council, obtained a Safety Assessment Inspector Certificate, and obtained an ICC Building Inspector Certification.Wesley participates in regularly scheduled monthly IAPMO meetings and several seminars on the 2014 California Plumbing&Mechanical Codes including CALBO's 2014 Education Week. ! •r Left to right: Pepe Reynoso, Sr. Building Inspector,James Moore,Electrical Inspector, and Wesley Cruz,Plumbing&Mechanical Inspector fir - _ A M1�1 r f � W Left to right: Cynthia Mireles, Permit Technician,Anthony Zarate,Permit Technician,and Yesema Ramirez, Senior Administrative Assistant BUILDING DEPARTMENT 2014 ANNUAL REPORT TYPE JOB VALUE #of PERMITS Commercial—Remodel $465,000.00 4 Demolition $847,000.00 8 Electrical $11,504,736.00 198 Grading $3,537,242.00 9 Industrial -Addition $87,000.00 3 Industrial -New $22,751,666.00 3 Industrial—Remodel $8,273,171.00 90 Mechanical $6,440,640.00 102 Miscellaneous Permit $7,635,062.00 160 Multi/Residential—New $5,000,000.00 1 Plumbing $2,171,324.00 83 Roofing $1,807,683.00 20 TOTALS $70,520,524.00 681 TOTAL ANNUAL FEES COLLECTED $1,011,344.17 Certificate of Occupancy—New Buildings 4 Certificate of Occupancy—Existing Buildings 188 2014 NEW BUILDING PERMITS Whole Foods City of Vernon 5000 Pacific Blvd. 4675 52'Drive New Cold Storage Distribution Center New residential building 130,204 sq.ft. 44,171 sq.ft. Dedeaux Properties Dedeaux Properties 3305 Bandini Blvd. 3480 261'Street Core&Shell of storage warehouse New one story concrete tilt-up building 142,436 sq.ft. 89,313 sq.ft. 2014 DEMOLITION PERMITS BNSF Railway Company BNSF Railway Company Steve Kelsler 4212-14 26`h Street 4139 Bandini Blvd. 3636 261h Street Demo building Demo building Demo building 185,600 sq. ft. 83,937 sq. ft. 600 sq. ft. Metro Tract, LLC Metro Tract,LLC Metro Tract, LLC 2065 Ross Street 2920 Ross Street 3575 Ross Street Demo building Demo building Demo building 13,900 sq. ft. 900 sq. ft. 11,800 sq. ft. Whole Foods Whole Foods 5050 Pacific Blvd. 4900 Pacific Blvd. Demo building& Slab Demo building 1 &part of building 2 131,269 sq. ft. 87,348 sq. ft. Of J eLY I ANNUAL REPORT OF THE CITY OF VERNON PLANNING DIVISION The Planning Division is responsible for the development and oversight of the City's General Plan and Zoning Ordinance. The General Plan establishes a long-range plan that serves as a guide for the physical development of the City. The City of Vernon's Zoning Ordinance was enacted to establish development rules for the community in compliance with the goals and policies of the General Plan. The Zoning Ordinance contains the development standards including parking and loading standards, minimum lot size, and setback requirements. Section 26.4.1 thru 26.4.4 of the Zoning Ordinance establishes the permitted uses and those uses requiring a Conditional Use Permit for each of the zones. The Planning Division is also responsible for the processing of Conditional Use Permits, Variances, and Subdivisions. As part of the permit process, Planning and Building& Safety staff perform a review for every project to confirm conformity with the City's regulations. Planning Division staff also provide public assistance for planning and zoning issues by phone and at the public counter. CONDITIONAL USE PERMITS The City has determined that certain uses have the potential to be detrimental to the surrounding community. The City therefore only allows these uses subject to a Conditional Use Permit;the City Council at its discretion may place conditions on the use in order to protect the environment and neighboring properties. As part of the application process the proponent must provide an operations plan,hazardous waste inventory plan, a traffic report and an environmental checklist.City staff evaluates the application for completeness.All Conditional Use Permits are subject to the California Environmental Quality Act(CEQA). Through the guidelines established by the State the City determines if the project could potentially produce significant impacts to the environment. After the appropriate CEQA document is developed City staff prepares a report and schedules a public hearing for input from the community. After the public hearing is concluded the City Council must make a determination to either deny, approve or approve with conditions the Conditional Use Permit. In the calendar year of 2014, the City Council approved two(2)Conditional Use Permits, which are outlined below: • Merco Group—2529 Santa Fe Avenue, LLC (Merco Group) submitted an application to amend their existing conditional use permit granted for a retail./commercial restaurant facility. The Merco Group requested that all businesses at the Santa Fe Plaza to be open Sundays. In addition, they also requested that the conditional use permit be revised to extend the permissible business hours from 4:00 a.m. to 12:00 a.m. (midnight), 7 days a week. City staff determined that the proposed amendment would not result in any significant environmental changes to Merco Group's existing operation. Therefore, the original notice of exemption was in accordance with the California Environmental Quality Act("CEQA") as provided in Section 15301, Class 1, Existing Facilities,and was adequate for this amendment. The City Council of the City of Vernon approved the conditional use permit amendment on May 6, 2014. • Jia Hui Resources, LLC submitted an application for a conditional use permit to operate a recycling facility located at 4726 Everett Court. Jia Hui Resources, LLC proposes to operate a business that will purchase bales of used/new carpet scraps. They intend to store, sort and process carpet scraps.The carpet scraps are received in approximately 1,000 lbs. bales. Each bale of carpet is broken down and sorted by fiber type. Once sorted by fiber type, the carpet scraps are then fed into a shredding machine which removes the top layer of the carpet(the nylon)from the bottom layer. Once separated, the top and bottom layers are placed into separate boxes.The finished product(the top layer) is placed into another machine to pressure press the finished product into another box.Once boxed,the finished product is shipped overseas for further processing.The bottom layer is picked up by the same company that originally delivered the bales of carpet.The Planning Division performed an Initial Study,to determine whether the proposed project would have adverse impacts on the environment and determined that the proposed project would not have a significant adverse effect on the environment. It was recommended that a Notice of Intent be filed, and a Negative Declaration be adopted in compliance with the CEQA. The City Council of the City of Vernon approved the conditional use permit on July 1, 2014. 2014 CONGESTION MANAGEMENT PLAN(CMP) In 2003, the Metropolitan Transportation Authority Board authorized a Short Range Transportation Plan that authorized a Nexus Study to evaluate the feasibility of implementing a congestion mitigation fee. The fee would help ensure that new growth directly mitigated traffic impacts on the regional transportation system by helping fund needed local transportation improvements. Said fees would mirror mitigation fees implemented in Orange and Riverside Counties. The purpose of the Nexus Study was to identify and justify a mitigation fee that would meet CMP Deficiency Plan requirements. As part of this Nexus Study,a new reporting form was created called the Local Development Report("LDR"). Based on the Local Implementation Report from previous reporting cycles,the new form only calls for information on new development activity, which represents new net development after subtracting for building permit revocations or demolitions. In spite of this, cities are no longer required to maintain the "positive credit balance". To date, work on the Study continues,the CMP Countywide Deficiency Plan requirement for maintaining a positive credit balance will continue to be suspended. As a result,cities will not have to report their transportation improvement strategies for the 2014 cycle. However,cities must continue to report their new net development activity and adopt a resolution in conformance with all elements of the CMP just as in prior years. The City of Vernon adopted the CMP Local Development Report on August 5, 2014. COMPREHENSIVE ZONING ORDINANCE AND GENERAL PLAN The City retained the services of Hogle Ireland to assist City staff in the preparation of an update to the City's General Plan and Zoning Ordinance and prepare an environmental document in compliance with the California Environmental Quality Act.The proposed revisions consisted of: 1) an update to the Land Use Element of the General Plan to expand the locations where commercial uses and trucking and freight terminals can be established in the City; 2) updates to the Land Use, Resources, Safety, and Noise Elements to comply with recently adopted State laws and to update pertinent information; 3) an update to the Implementation Plan with new applicable policies related to the policy changes; 4)revisions to the Zoning Ordinance and Zoning Map to establish and apply a new Truck and Freight Terminal overlay (TF); 5) revisions to the Zoning Ordinance and Zoning Map to replace and expand the existing Commercial Overlay with the new C-1 and C-2 Commercial Overlays; 6)establishing new definitions to address the revisions and other minor amendments to the Zoning Ordinance; 7) establishing a new Minor Conditional Use Permit application; 8) providing standards for digital billboards; and 9) performing additional clean-up, non-substantive revisions to the Zoning Ordinance that do not affect any prior policy directives. Final approval is scheduled at end of April 2015. Proposed Residential Project at 4675 52nd Drive Construction of the proposed 45-unit affordable housing development began in early 2014, with completion scheduled in May of 2015. I 7 S f Sergio Canales, Assistant Planner Of taUMR AV ANNUAL REPORT OF THE CITY OF VERNON WATER DEPARTMENT AND PUBLIC WORKS DIVISION 2014 was a productive year for the City of Vernon Water Department. Departmental improvements have continued to flourish and a new quest for professionalism has continued to emerge. This report will outline various departmental goals and objectives accomplished in 2014. The Water Department consists of the Water Distribution, Water Production,Meter, and Meter Reading Sections.The Water Distribution and Production Sections are tasked with ensuring the City's eight reservoirs,eight wells,and three booster plants are kept in optimal operating condition. These sections also specialize in waterline construction, repair,and water quality monitoring activities. In addition,the Meter Section performs a variety of functions including the installation and repair of water meters, as well as locating underground utilities.The Meter Reading Section reads nearly three thousand water and electrical meters on a monthly basis. This section also reports any leaks or damage that may have occurred to City property during the course of their meter reading duties. I� r l Elevated Tank WATER DEMAND A total of over 2.45 billion gallons of water was delivered during 2014, which equates to approximately 7,546 acre-feet.This represents a 5.45% decrease in water delivered from 2013.The decrease in water consumption is likely the result of conservation measures implemented by the City in 2014.On July 15, 2014, the State Water Resources Control Board approved Resolution No. 2014- 0038 that adopted mandatory water restrictions.The Resolution required that each urban water supplier to implement mandatory restrictions on outdoor irrigation of ornamental landscapes or turf with potable water. In response the City declared a Phase I Water Supply Shortage consistent with Vernon Municipal Code Section 25.103. Table 1 -AF Percent Change From Previous Year Total AF Year 2008 10,461 -5.00% (Change from 2007) 2009 8,653 -17.28% 2010 8,162 -5.67% 2011 8,035 -1.55% 2012 7,959 -0.94% 2013 7,981 +0.27 2014 7,546 -5.45% The City's water demand has decreased by 27.86% since 2008 as reflected in Table 1. However, water demand over the past five years has remained relatively uniform in terms of total annual water produced.The City currently has 7,539 acre-feet per year of adjudicated water rights that covers a large portion of the City's water demand. i t� r:- I iT.. f . Reservoirs • WATER QUALITY Water quality within the City of Vernon water system remained high in 2014. Out of 780 water samples taken none were found to be coliform positive. The low occurrence of coliform bacteria is due to the outstanding efforts put-forth by our water production staff in maintaining adequate chlorine residuals and flushing fire hydrants within the distribution system on a continuing basis. x - a R1 _ Jonathan Gonzales taking a bacteriological sample from a sample station. DISTRIBUTION SYSTEM CONSTRUCTION A total of 14 work orders were issued for the construction of new water services in 2014. Fees were also collected from developers for several other cut and plug projects and minor hydrant relocations as well,bringing the total amount collected from developers to approximately $115,600 for 2014. METERING Since revenue for the Water Department is heavily dependent on accurate meter reading at the service connections, a special emphasis is placed on ensuring that meters are in good working order. A comparison of water produced and metered deliveries revealed a water loss of just 1.4%. A total of 7 new meters were installed at individual service sites during 2014. The Programmed Maintenance System continues to aid staff members in improving the overall operational efficiency and productivity of the Water Department. A total of 503 maintenance activities were recorded over the course of 2014.Most of these activities were in preventative maintenance i.e., routine inspections, lubricants,and the cleaning of various mechanical equipment. Victor Vasquez performing his meter reading duties. PROJECTS 2014 Well No.21 Puma Station The City took possession of a former industrial well, located at 2170 551'Street, and is seeking to convert it to a municipal water supply well. The City retained the services of Richard C. Slade &Associates, LLC(Slade) who performed a hydrogeological evaluation of the subject well. The evaluation consisted of a multi-phase test pumping methodology to ascertain the downwell condition and to access the current production capacity and water quality. The Stage 1 Phase was performed utilizing a normal pumping sequence without the use of a packer. The initial test results of the Stage 1 Phase indicated that the well had elevated levels of Volatile Organic Compounds(VOCs) that exceeded the Maximum Containment Levels (MCLs) for those constituents. In the Stage 2 Phase, a packer was inflated at 500 feet in order to isolate the upper set of perforations from the well.The test results of the Stage 2 Phase determined that the VOC levels are well below established MCLs. The results of the hydrogeological evaluation were submitted to the California Department of Public Health (CDPH)for review.The CDPH findings concluded that the installation of an inflatable packer, combined with water quality monitoring,are reasonable measures to ensure that the subject well is suitable for potable use. Specifications for a fully functional pump station were completed by Cannon Engineering, Inc. in 2014.Construction is scheduled to commence in 2015. r.. NOM:^ a g i � f fir` yy�� +�`-: .i►�'�'J r�.� '!•+*i��-fr.SG..''' .f.+;:I�e,.. . .s'�.=i.zf�i.ic�:FT. - . Well No. 21 Elevated Tank Standpipe Repair The Elevated Tank was originally inspected by Harper& Associates Engineering, Inc. (Harper). Harper's structural report noted corrosion present on the lower portion of the standpipe.The City has entered into an agreement with Cannon Engineering,Inc. (Cannon) who developed specifications and technical bid documents for the work. The repair was completed by Premier Tank, Inc., in 2014, at a cost of$18,375.00. Premier Tank welded steel bands around the circumference of the corroded portion of the standpipe to improve the structural integrity of the tank and to eliminate the potential of pipe failure due to corrosion. r r r�, •�3t Elevated Tank Standpipe Well No. 16 Motor and Pump Replacement Well No. 16 experienced a significant decrease in its production capacity over the course of 2014.The City contracted with General Pump Company, Inc. to disassemble,diagnose, and recommend a repair methodology for the subject well. General Pump's evaluation determined that the pump unit and motor were in need of replacement. The pump unit and motor were replaced by Weber Water Resources,LLC., in 2014. Subsequent test pumping found that the well will need to be rehabilitated in order to clear perforations to allow for increased production capacity. The well is scheduled to be rehabilitated in 2015. .�_ •.� _�i,NYC _� tk Well No. 16. Reservoirs 3-1,3-2,and 3-3 Interior and Exterior Inspections Aquatic Inspections, Inc.performed exterior and interior inspections of Reservoirs 3-1, 3-2, and 3-3 in 2014. The results of the inspection concluded that the exterior and interior coatings have begun failing. Aquatic Inspections, Inc. recommended that the interiors and exteriors be recoated to prevent further corrosion of the structural components of the tank. ,r Reservoirs 3-1, 3-2, and 3-3 WATER SECTION ADMINISTRATION �k r From left to right Scott Rigg, Public Works&Water Superintendent,Erik Stene, Engineering Aide and Mike DeFrank,Public Works Water Project Coordinator WATER DISTRIBUTION SECTION The Water Distribution Section is responsible for the installation, repair and maintenance of all City owned facilities.This section performs a variety of construction related activities including the installation of domestic and fire services connections; fire hydrant installation and maintenance, and transmission line repairs. This section assisted with the installation of 13 new gas services. Y Shown left to right: Elias Zepeda,Gabriel Aldrete, Brian Linnert,Anthony Hinojos,Joseph Alvarado and Mauro Trujillo. ,+4a +rc3 Crewmembersperforming • Crewmembers excavating a City street x PRODUCTION SECTION The Production Section specializes in the maintenance and repair of all City owned booster stations,reservoirs, well sites, and supply lines.This section is responsible for the collection of all routine and source water samples. In addition,this section generates all water production reports. eif Shown left to right: Robert Zepeda,Jonathan Gonzales, Ralph Castellanos, and Mauro Trujillo METER SECTION The Meter Section's expertise focuses on the installation,repair, and maintenance of all water service connections. This section is also responsible for meter installations, meter change-outs, register repairs, and locating underground water facilities. Shown left to right: Jonathan Gonzales, Anthony Hinojos and Mauro Trujillo. METER READING SECTION The Meter Reading Section reads nearly three thousand water and electric meters each month. The meter reader's check for any unusual conditions including malfunctioning meters, damaged meter boxes, leaks or unsafe conditions that may exist. ,4.,$ Shown left to right: Victor Vasquez, Wilfredo Lopez, and Mauro Trujillo. PUBLIC WORKS SECTION The Public Works Section consists of the Sanitation, Street Maintenance, Building Maintenance,Warehouse, and Garage Divisions.This section performs general maintenance and repairs all sewer and storm drain lines; paving and pothole repairs to City streets, maintenance to City owned buildings and City housing; maintains supplies and parts required to support the operations of the Public Works and Water Sections; and is responsible for automotive repair functions. SANITATION SECTION The Sanitation Section maintains all City owned sanitation facilities.This section is responsible for the maintenance of 12 miles of storm drains and over 44-miles of sanitary sewer lines. The City has an agreement with National Plant Services to provide emergency sewer maintenance in the event that the City's vactor truck is unavailable for service. This will provide an additional degree of redundancy to insure sewer service remains uninterrupted at all times. The City has an existing agreement with United Pumping Services to provide cleanup and removal of hazardous wastes in the event of a large scale sewer overflow. In addition,the City entered into an agreement with MNR, Inc.,to provide emergency sewer repairs in the event City crews need assistance with large scale repairs. F� Shown left to right: Elias Zepeda,Victor Vasquez,Jr.,Carlos Gudino and Mauro Trujillo. s - t - w Victor Vasquez, Jr. and Carlos Gudino performing sewer jetting maintenance STREET MAINTENANCE SECTION The Public Works Street Maintenance crew has been actively involved in a wide variety of public works related projects including the repair of curbs, gutters and sidewalks, asphalt patching, street stenciling, sign replacement,and responding to emergency situations within the public right-of- way. In addition, graffiti removals and curb painting are also duties of this section. Over the course of 2014 this section was assigned to several special projects including the repair of sidewalks and curb and gutters throughout the City. In 2014, 505 work orders for the repair and maintenance of City facilities were issued and completed. This section is also responsible for the maintenance and repair of over 47 miles of streets. It is the goal,as always, to keep the City's streets as clean as possible.The Sign Maintenance crew maintains all City owned signs. These signs must be kept in good condition in order for the City's transportation system to operate efficiently. WW , - f i r C From left to right Elias Zepeda,Nathan Linnert, Adam Alvarez, Adrian Loya,Jose Zermeno, Victor Vasquez Jr., Gerardo Farias, Carlos Gudino,Andrew Thompson, Martin Sanchez, and Mauro Trujillo. a +; 41L . V E j.. Street crews making asphalt repairs it - 1 ~oft Hamm Asphalt Roller The Graffiti Truck continues to be an asset to the City in terms of its operational flexibility. The Graffiti Truck has a fully functional paint matching work station to address a multitude of different paint combinations typically used by southland gangs. The paint matching equipment consists of a laptop, paint scanner,and paint mixing equipment. Once staff members have identified an area that has been defaced with graffiti they simply take a sample of the existing paint and place it in the scanner which then produces a paint code used to quantify color combinations in order to come up with an equivalent color match. The Graffiti Truck also incorporates other unique features including two generators, roof mounted air-conditioning,counter tops, stainless steel cabinets, and eye wash station just to name a few of its many features.These features have not only served to enhance the appearance of the City,but have also improved the efficiency and effectiveness in which crewmembers can cover up the impacted areas. �!"TOLD CORPORATION T. ir374 - Graffiti Truck BUILDING MAINTENANCE SECTION The Building Maintenance Section is responsible for the maintenance of City owned buildings,City houses and apartments.This section performs routine maintenance functions including minor remodeling,painting, plumbing, minor heating and air conditioning checks, underground tank maintenance, and electrical work. The section also handles the logistical functions associated with facility upgrades and repairs. This section also oversees the grounds maintenance and janitorial contracts.The City of Vernon has a services agreement with So Cal Land Maintenance,Inc.to perform grounds maintenance functions at City Hall,Fire Station No. 2,Light& Power Building, Petrelli Building, Public Works Yard,and the 50' Street Apartments. Additionally, the City has a services agreement with Santa Fe Building Maintenance to perform janitorial services. sfVELY 1K9t� - r From left to right Dwight Pierce, Kenny Jackson, Steve Hartsfield,Juan Arellano and Mauro Trujillo. WAREHOUSE & SAFETY SECTIONS The Warehouse Section maintains the required supplies and parts necessary to support the operations of the Public Works and Water Sections. Refined inventory control procedures and practices insure that adequate supplies are available for routine and emergency situations.A database is used to track and control inventory related requirements. The Warehouse Section also performs a variety of miscellaneous functions including maintaining the fuel pumps, generating monthly partial payments, performing dispatch duties,pick up and deliver inter office mail, prepare vehicle accident reports, and prepare personnel injury reports. r From left to right: Renan Castro,Eric Anderson,Ruben Herrera,Joe Cervantes, and Mauro Trujillo. GARAGE AND EQUIPMENT MAINTENANCE SECTION Over the course of 2014,the City Garage Section was responsible for the maintenance of 424 City vehicles and equipment. These vehicles are an integral part of the daily operation of the City. This section does a vast majority of its work in-house and due to an extensive training program has reduced costs associated with sending work out to dealerships whose costs are significantly more than the City's. This section responded to 1,502 work orders relating to various repairs and services. C� �• F6d►�4Ep 1 .. � �� From left to right: Victor Enciso,Rafael Cortez, Victor Modesto,Jason Tomlinson,and Mauro Trujillo. 150= Victor Enciso inspecting engine components. } � rl� �T r. f OW Jason Tomlinson performing automotive maintenance. e� RECF-WED RECEIVED APR 16 2015 �n� , "rLr sx9 CITY CLENW6 OFFICE APR R 16 2015 STAFF REPORT CITY ADMINISTRATION FIRE DEPARTMENT MCI DATE: April 21, 2015 TO: Honorable Mayor and City Council FROM: Michael A. Wilson, Fire Chief A�la,,g_ RE: Bid Award for a Fire Department Training Facility Contractor Recommendation It is recommended that the City Council: A. Find that approval of the bid award for a Fire Department Training Facility Contractor to construct the undeveloped parcel and operate the facility is within the Initial Study and Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act ("CEQA") in accordance with Section 15063, which requires the lead agency to conduct an initial study to determine if the project may have a significant effect on the environment, and Section 15070, which governs the agency's decision to prepare a negative declaration, and authorize the Director of Public Works, Water and Development Services to file a Notice of Determination finding that the project will not have a significant impact on the environment; and B. Accept the bid of Kirila Fire Training Facilities, Inc., as the lowest responsive and responsible bidder and enter into a contract, in substantially the same form as attached hereto, for an amount not to exceed $747,777.00, for a Fire Department Training Facility Contractor, and to reject all other bids. Further authorize a contingency of$50,000.00, 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. Background The project is the construction and operation of a regional training facility for the Vernon Fire Department. The training facility will be constructed in a vacant portion of the property that is currently undeveloped parcel. The facility is intended to offer training opportunities for fire departments throughout the Los Angeles region. The site will be graded and paved and a wall will be constructed along the public right-of-way. The training center will be constructed using metal cargo containers assembled into a three-story structure constructed of 13 freight containers (8 ft. x 8.5 ft. x 40 ft.). The containers will be modified per the Fire Department's specifications at the manufacturer's facility and shipped to the project site for assembly. The structure will include three burn rooms powered by liquid petroleum fuel (LPG) with five LPG-fueled props distributed among the rooms. The gas flow, gas flow rate, and flame termination of the LPG system will be controlled through use of electronic control panels. Three 150 watt lights will be installed within each non-live fire unit and six 400 watt halogen lights will be installed on the exterior of the facility. It's estimated that five to six fire engines will transport trainees per day to the facility from distances ranging between two miles and approximately 30 miles (on rare occasions) for approximately six training sessions per day. The training center will be constructed in accordance with National Fire Protection Association (NFPA) 1402 standards, guide to building fire service training centers. On February 17, 2015, the City Council authorized the advertisement of the Notice Inviting Sealed, Competitive Bids for a Fire Department Training Facility Contractor. The Notice Inviting Bids was posted on the City's website and published in the Vernon Sun newspaper. The specifications included the standard terms and conditions for the contract which have been approved by the City Council. The bids for a Fire Department Training Facility Contractor were received and opened on March 19, 2015. The calculated results were as follows: 1. Kirila Fire Training Facilities, Inc. $747,777.00 2. Fireblast Global $843,856.20 3. Fire Training Structures LLC $899,960.00 After a thorough review of each bid proposal, Kirila Fire Training Facilities, Inc. ("Kirila Fire") was determined to be the lowest responsive, responsible bidder. Staff from the Fire and Public Works/Building Departments found that Kirila met all bid criteria, including the ability to meet the technical specifications, price, product availability and delivery schedule, selection quality of material, maintenance, and compliance with other City specifications. Kirila Fire has been in operation for over 20 years and is one of the world's most creative, dependable and sought after design/build fire training facility manufacturers. Their headquarters and fire equipment manufacturing facility is located in Brookfield, OH. Kirila Fire maintains several Mobile Workshop Rigs to support on-site fire equipment installation and to provide ongoing service maintenance for all fire training systems throughout the world. The technicians specialize in Fire Training Facilities and are familiar with the National and International Standards associated with Fire training systems and the procedures for performing various fire training scenarios. Kirila Fire has provided ongoing service and maintenance to over 75 fire training facilities in the United States military, civil aviation and municipal markets. CEOA ANALYSIS The proposed use is surrounded by properties with industrial, distribution and residential uses. No adverse impacts from traffic, parking, noise, odor, dust, or explosion are expected to occur to the adjacent of abutting properties. An initial study has been conducted for the project in compliance with the California Environmental Quality Act (CEQA). No potentially significant impacts are expected to result from the project. The Director of Public Works, Water and Development Services has recommended that a Notice of Intent be filed, and a Negative Declaration be adopted in compliance with the CEQA. Fiscal Impact Funds to pay for the training facility will come from several grants and will be installed in several phases. Phase I will consist of the $200,000 funded by the 2013 HSGP Grant. Phases II and III will be funded through the 2014 HSGP Grant at $300,000 and the 2014 Urban Security Initiative Grant Program at $300,000. All three grants are 100%reimbursable and there are no cost-share or match requirements to the City. 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 Kirila Fire Training Facilities, Inc.,a Ohio corporation(hereinafter "Contractor"),for construction of a Fire Department Training Facility, Contract No. FD-0152. 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, inclusive of Exhibit A(General Conditions), Exhibit B(Special Provisions&Detailed Requirements/Specifications), Exhibit C(Living Wage Provisions), Exhibit D(Equal Employment Opportunity Practices Provisions), and all Attachments and Sub-Exhibits thereto; C. Notice Inviting Bids; D. Grant Required Forms; 2. SCOPE OF WORK Within the Contract Time and for the stated Contract Sum,subject to adjustments thereto,and pursuant to the Contract Documents, the Contractor shall perform and provide all necessary: labor; services; supervision; materials; tools; equipment; apparatus; facilities; supplies; tools; permits, inspections, plan checks, and similar Governmental Approvals;temporary utilities;utility connections;and transportation necessary to complete the Work in strict conformity with the Contract Documents for: Fire Department Training Facility Contract No. FD-0152 STANDARD CONTRACT FORM 1 3. 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 Five Hundred Dollars ($1,500.00) per day for each calendar day occurring after the expiration of the Contract Time for Substantial Completion until Contractor achieves Substantial Completion of the entire Work, as required by Article 3 of the General Conditions of Contract. Contractor Initial here: 4. CONTRACT SUM In consideration of the Contractors full,complete, timely, and faithful performance of the Work required by the Contract Documents, City shall pay Contractor the sum of Seven Hundred Forty Seven Thousand Seven Hundred Seventy-Seven Dollars and Zero cents($747,777.00), 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 Contractors cost of administration and coordination of all Governmental Approvals and Utility Fees is included in the Contract Sum. 5. PERMIT FEE REIMBURSEMENT In accordance with Paragraph 1.03 of the General Conditions, the City shall reimburse Contractor for the documented actual direct cost of Permit Fees, without Allowable Mark-up, in addition to payment of the Contract Sum.) STANDARD CONTRACT FORM 2 IN WITNESS WHEREOF,the parties have caused this Contract to be executed the date and year first above written. Executed at California. [Contractor's Corporate Seal] [Contractor]: By: An Authorized Signatory Printed Name: Title: Date: CITY OF VERNON: APPROVED AS TO FORM: By: By: Name: Name. Title: Title: Date: ATTEST: By: Name: Title: CONTRACTOR'S SIGNATURE MUST BE NOTARIZED STANDARD CONTRACT FORM 3 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 Altemate). 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 Altemate Bid that will be added to or deducted from the Base Bid and the Contractors 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 ARTICLE 1 GC-1 of 89 Contract; (8) all Modifications issued after the execution of the Construction Contract; and (9) Governmental Approvals, if any, including but not limited to, permits. I. Change Order. A Change Order is a written document prepared by the City reflecting the agreement between the City and 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. 0. 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). 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 ARTICLE 1 GC-2 of 89 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. R. Correction Period. Correction Period is synonymous with the terms of the correction guarantee period used in the Contract Documents. 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. U. Director. The Fire Chief of the City of Vernon or his/her duly appointed representative. V. Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details,schedules,and diagrams. W. Extra Work. New or unforeseen work will be classified as Extra Work when determined by the City that the work is not described in, or reasonably inferable from,the Contract Documents,the work is not covered by any Bid line item or Allowance, and the work causes Contractor to incur additional and unforeseen costs. X. Field Directive. See, "Work Directive." Y. Final Completion. Final Completion is the stage of performance of the Work when (1) all Work required by the Contract Documents has been fully completed in compliance with the Contract Documents and all applicable laws including, but not limited to,correction or completion of all punch list items noted by City upon Substantial Completion; (2) Contractor has delivered to City an Application for Final Payment and all closeout documentation required by the Contract Documents; and (3)documentation of all final Governmental Approvals has been submitted to City including, but not limited to a final Certificate of Occupancy or equivalent Building Department sign-off has been issued covering the entire Project site without exception or conditions. Z Force Majeure. "Force Majeure"includes but is not limited to declared or undeclared war, sabotage, insurrection, riot, or other acts of civil disobedience, labor disputes, fires, explosions, floods, earthquakes or other acts of God. AA. Fragnet. The sequence of new activities that are proposed to be added to an existing schedule. 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. ARTICLE 1 GC-3 of 89 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, 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. N1M, 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 Vemon Standard Plans. NN_ Specifications. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards, and workmanship for the Work and performance of related services, including, but not limited to, the Project Technical Specifications, Standard Specifications, if any, and any applicable Trade Association Specifications. 00. 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." 00. 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. ARTICLE 1 GC-4 of 89 RR. Warranty. Assurance to City by contractor, installer,supplier, manufacturer or other party responsible as warrantor, for the quantity, quality, performance and other representations of a product, system service of the Work. SS. Work. The term "Work" means the construction and other services required by, and reasonably inferable from the Contract Documents, whether completed or partially completed, and includes all other labor, materials,equipment,and services provided or to be provided by the Contractor to fulfill the Contractor's obligations.The Work may constitute the whole or a part of the Project. TT. Work Directive. A Work Directive is a unilateral written order issued by the City directing Contractor to continue performance of the Work or to perform a disputed change in the Work prior to agreement or adjustment, if any, in the Contract Sum, Contract Time,or both. 1.02 REPRESENTATIVES A. The Director shall be the representative of the City and, except as otherwise expressly provided herein, shall make all decisions and interpretations to be made by the City under the provisions of the Contract Documents. B. The Contractor shall at all times be represented on the Work in person or by a duly designated agent. Instructions and information given by the Director to the Contractor's agent on the Work shall be considered as having been given to the Contractor. 1.03 PERMITS INSPECTIONS PLAN CHECKS AND SIMILAR GOVERNMENTAL APPROVALS AND UTILITIES A. Except as otherwise provided in the Notice Inviting Bids,the Contractor shall apply for,and obtain, all permits including,but not limited to,building or structure permits,plumbing system permits,mechanical system permits, electrical system permits, structural system permits, demolition permits, excavation permits,street use permits,driveway permits,sidewalk,curb,sewer,gutter,crosswalk,paving or other street work grading permits, street/utility use permits, OSHA permits, fire sprinkler permits, fence permits, blasting permits, landscaping/irrigation permits, and permits to demolish, remove, or make major alterations to any designated historic resource; inspections; and plan checks obtained after the Date of Commencement of the Work. The Notice Inviting Bids contains a list of permits and other Governmental Approvals and Utility Fees obtained and paid for by the City prior to the Date of Commencement; Contractor is responsible for obtaining all Governmental Approvals and Utility Fees not listed in the Notice Inviting Bids. B. The City will reimburse Contractor monthly for the documented actual direct cost paid to governmental agencies or utilities for all Permit Fees according to the payment provisions of the Contract Documents after submission to the City of the Contractor's and/or Subcontractors' original receipts from the governmental entities or utilities ("Permit Fee Reimbursement"). Contractor shall deliver the original receipt to the City's Project Manager with each permit. All Permit Fees shall be separately itemized in each Application for Payment and copies of the receipt(s)and permit(s)must be attached. The Base Bid sum/Contract Sum shall include the cost of administration and coordination for all Governmental Approvals and Utility Fees. Contractor shall obtain a no-fee encroachment permit from the City of Vernon's Public Work, Water and Development Services Department. ARTICLE 1 GC-5 of 89 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 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. ARTICLE 1 GC-6 of 89 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 fumishing, 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 fumish 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: ARTICLE 1 GC-7 of 89 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 Speckations 4. Standard Specifications, if any 5. Applicable Trade Association Specifications ARTICLE 1 GC-8 of 89 1.11 NOTICE OF CONFLICTS If the Contractor, in the course of the Work, becomes aware of any claimed conflicts, errors or omissions in the Contract Documents or in the City's fieldwork or work of City's separate contractors, the Contractor shall immediately notify the Director in writing. The Director shall promptly review the matter, and if the Director finds a conflict,error or omission,the Director shall determine the corrective actions and advise the Contractor accordingly. If the correction associated with a conflict,error or omission increases or decreases the amount of Work called for in the Contract, the City shall issue an appropriate Change Order in accordance with the Contract Documents. After discovery of an error or omission by the Contractor, any related additional work performed by the Contractor shall be done at the Contractor's risk unless authorized by the Director. 1.12 REPORTS A. Daily Construction Reports: The Contractor shall prepare a daily construction report recording the following information concerning events at Project site: 1. List of Subcontractors at Project site. 2. List of other contractors at Project site. 3. Approximate count of personnel at Project site. 4. Equipment at Project site. 5. Material deliveries. 6. High and low temperatures and general weather conditions, including presence of rain or snow. 7. Accidents. 8. Meetings and significant decisions. 9. Unusual events. 10. Stoppages, delays,shortages, and losses. 11. Meter readings and similar recordings. 12. Emergency procedures. 13. Orders and requests of authorities having jurisdiction. 14. Change Orders received and implemented. 15. Construction Change Directives received and implemented. 16. Services connected and disconnected. 17. Equipment or system tests and startups. 18. Partial completions and occupancies. 19. Substantial Completions authorized. 20. List of visitors to Project Site. 21. List of personnel at Project Site including names and job classifications. 22. Description of Work for the day including locations,quantities and related bid items. Immediately upon discovery of a difference between field conditions and the Contract Documents, the Contractor shall prepare and submit a detailed report through a Request for Information (RFI). Include a detailed description of the differing conditions,together with recommendations for a remedy. The Daily Construction Report must be: signed by Contractor's Superintendent, submitted within 24 hours (next Working Day)to the Director, and shall be made available to others as directed by City. 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 ARTICLE i GC-9 of 89 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 at least 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] ARTICLE 1 GC-10 of 89 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 Contractors 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.) ARTICLE 2 GC-11 of 89 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 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 Marts-Up applicable to such deleted Work. 2.06 COMMUNICATIONS AND NOTICES REGARDING THE WORK A. Notices under the Contract Documents shall be in writing and (a) delivered personally, (b) sent by certified mail, return receipt requested, (c) sent by a recognized overnight mail or courier service, with delivery receipt requested,or(d)sent by facsimile communication followed by a hard copy and with receipt confirmed by telephone, to the following addresses (or to such other address as may from time to time be specified in writing by such Person): All correspondence with Contractor shall be sent to the following address: Attention: Phone: Facsimile: ARTICLE 2 GC-12 of 89 All communications shall be copied to City and shall be delivered to the Fire Chief at the address set forth below, with copies to such additional persons as may be directed by the Fire Chief. City_of Vernon Fire Administration Department 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Andrew Guth Phone: (323)353-1064 Facsimile: (323)581-1682 E-mail: aguth@ci.vernon.ca.us B. Notices shall be deemed received when actually received in the office of the addressee (or by the addressee if personally delivered) or when delivery is refused, as shown on the receipt of the U. S. Postal Service, private carrier or other Person making the delivery. Notwithstanding the foregoing, notices sent by facsimile after 4:00 p.m. Pacific Standard or Daylight Time (as applicable) and all other notices received after 5:00 p.m. shall be deemed received on the first business day following delivery(that is, in order for a fax to be deemed received on the same day, at least the first page of the fax must have been received before 4:00 p.m.). Any technical or other communications pertaining to the Work shall be conducted by Contractor's Project Manager and technical representatives designated by City. Contractor's representatives shall be available at all reasonable times for consultation, and shall be authorized to act on behalf of Contractor in matters concerning the Work. C. Contractor shall copy City on all written correspondence pertaining to the Contract between Contractor and any Person other than Contractor's Subcontractors,consultants and attorneys. D. Notification of Affected Residents/Businesses—The Contractor shall be responsible for distribution of the general information letter of the project to all affected residents and businesses.A project general information letter and sufficient copies thereof will be prepared by City staff for Contractor distribution to all residents,business establishments,and institutions fronting on or directly affected by the project. The Contractor shall be responsible for distribution of said letter in handout form to all the appropriate residences and buildings in the subject area. Distribution shall be accomplished in a manner acceptable to the City Engineer and shall be five(5)working days prior to the beginning of construction operations in the immediate vicinity. In addition to the above,the Contractor shall be fully responsible for such other notifications as may be required related to necessary closures of streets, alleys, driveways,etc.,or to unavoidable access or parking restrictions.These notifications shall apply where the closures and access or parking restrictions required in the performance of any work under this contract preclude any resident, tenant, or property owner from utilizing the premises or conducting business thereon in a reasonable and customary manner. Additional notification to the affected businesses and residents shall be prepared by the City and distributed by the Contractor for roadway and driveway closures five(5) working days in advance of any construction work. No removal or excavation work is allowed until the additional notification has been distributed to the affected residents and businesses. ARTICLE 2 GC-13 of 89 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 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 terns 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. ARTICLE 2 GC-14 of 89 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 service)any porton(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. ARTICLE 2 GC-15 of 89 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. 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 ARTICLE 2 GC-16 of 89 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 fumished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents; (ii) the Work will be of good quality and free from defects; (iii) the Work will conform to the requirements of the Contract Documents; and (iv) Contractor will deliver the Project free of stop notice claims. Work not conforming to these requirements, including substitutions not accepted by the City, will be deemed defective. The Contractor's warranty excludes improper or insufficient maintenance, improper operation,or normal wear and tear and normal usage. If required by the City, the Contractor shall fumish 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. Oveft. 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. ARTICLE 2 GC-17 of 89 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 Contractors warranty obligations under Paragraph 2.15-A, if, within one(1)year after the date of Final Completion of the Work or within the time period established by any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall commence correction or replacement of such Work within forty-eight(48) hours after receipt of written notice from the City to do so. The Contractor shall perform such corrective work without charge or cost to the City after Final Completion of the Work. The City shall give such notice promptly after discovery of the condition. (b) If the Contractor fails to commence correction or replacement of non-conforming Work within forty-eight (48) hours after receipt of written notice, the City will proceed to have defects repaired or replaced at the expense of the Contractor and its Performance Bond surety, plus fifteen percent (15%) for the City's overhead and administrative expense. The City may charge such costs against any payment due Contractor. If, in the opinion of the City, defective work creates a dangerous or hazardous condition or requires immediate correction or attention to 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 potions 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 ARTICLE 2 GC-18 of 89 correct the Work, and has no relationship to the limitations periods established by statute for any construction defect or other causes of action. 2.16 CLEANING AND ENVIRONMENTAL CONTROLS The Contractor, Subcontractors and employees shall comply with all litter and pollution laws and it shall be the responsibility of the Contractor to ensure compliance.The Contractor shall do all of the following: A. Maintain the Site free of waste materials, debris, and rubbish and in a clean and orderly condition; and Remove waste materials,debris and rubbish from site and dispose off-site legally. B. The Contractor shall maintain at his/her disposal any and all equipment necessary to prevent and remediate any sanitary sewer overflow arising out of the Work. The Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles, as directed by the Director,to maintain the affected areas in a condition of cleanliness acceptable to the City at all locations affected by the Contractor's operations. For purposes of this Paragraph, the affected areas include the project Site as well as all haul routes to and from the project Site and all areas of construction and restoration which have not been completed. C. The Contractor shall take appropriate action to ensure that no dust originates from the project Site. D. Any equipment or vehicles driven and/or operated within or adjacent to a street gutter, storm drain, runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that if introduced to water could be deleterious to aquatic life. E. No debris,soil,silt,sand, bark,trash,sawdust, rubbish,cement or concrete or washings thereof,oil or petroleum products or other organic or earthen material from any construction,or associated activity or whatever nature shall be allowed to enter into or placed where same may be washed by rainfall or runoff into waters of the State. When operations are completed, any excess materials or debris shall be removed from the Work area. 2.17 WATER POLLUTION CONTROL A. The Contractor shall comply with the requirements of Vernon Municipal Code Chapter 21, Article 5 regarding Storm Water controls. 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 as defined in Table 2-1. Table 2-1 Minimum Water Quality Protection Requirements for Construction Projects Category Minimum Requirements BMPs 1. Sediment Control Sediments generated on the project site shall be retained Sediment Control using adequate Treatment Control or Structural BMPs. ARTICLE 2 GC-19 of 89 2. Construction Materials Construction-related materials, wastes, spills or residues Site Management; Control shall be retained at the project site to avoid discharge to Material and Waste streets,drainage facilities, receiving waters,or adjacent Management 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. 3. Erosion Control Erosion from slopes and channels shall be controlled by Erosion Control 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. 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 2-1. 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 Paragraph A, 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) (htt :IJsmarts.waterboards.ca. ❑v/smarts/faces/SwSmartsLo in.ls ). 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: hip://www.swrcb,ca.-gov/water-issues) r rams/stormwaterlconstruction.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; ARTICLE 2 GC-20 of 89 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 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.cabmphand books.com) in conjunction with all activities and construction operations. Copies of the California Stormwater BMP Handbooks may be obtained from: California Stormwater Quality Association Cashier P.O. Box 2313 Los Angeles County DPW Livermore, CA 94551 900 South Fremont Avenue www,cabmphandbooks.com 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. ARTICLE 2 GC-21 of 89 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 Contractors attention is directed to the sewer bypass operation required during any sewer construction pursuant to the 2012 edition of the "Greenbook" Standard Specifications for Public Works Construction, Section 500.1.2.4 or as that section is subsequently amended. The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a sewage spill. In the event of a sewage spill, the Contractor shall make arrangements for an emergency response unit comprised of emergency response equipment and trained personnel to be immediately dispatched to the project site. The Contractor shall be fully responsible for preventing and containing sewage spills as well as recovering and properly disposing of raw sewage. In addition,the Contractor is responsible for any fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is damaged by the contractor shall be immediately repaired at the Contractor's expense. The Contractor shall take all measures necessary to prevent further damage or service interruption and to contain and clean up the sewage spills. G. Sewage Spill Telephone Notification Should a sewage spill occur, the Contractor shall immediately report the incident to either one 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: Andrew Guth, Battalion Chief(323)353-1064 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 ARTICLE 2 GC-22 of 89 6. The corrective and preventive action taken, and 7. The water body impacted and results of necessary monitoring I. Enforcement The City is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and private citizens. The Contractor shall indemnify, defend and hold City, its officers, agents and employees harmless from Contractor's failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17. Contractor shall be responsible for all costs and liabilities imposed by law as result of Contractor's failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17. The costs and liabilities include, but are not limited to fines, penalties and damages whether assessed against the City or the Contractor. In addition to any remedy authorized by law, any money due to the Contractor under this contract shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor have been satisfied. J. Maintenance The Contractor shall ensure the proper implementation and functioning of BMP control measures and shall regularly inspect and maintain the construction site for the BMPs identified in the SWPPP. The Contractor shall identify corrective actions and time frames in order to properly address any damaged measure, or reinitiate any BMPs that have been discontinued. If the City identifies a deficiency in the deployment or functioning of identified control measures, the deficiency shall be corrected by the Contractor immediately or by a later date and time if agreed to by Director and if requested in writing, but not later than the onset of the subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. K. Payment All costs involved in the implementation of the SWPPP, including furnishing all labor, materials, tools, equipment and all incidentals; and for doing all the work involved in installing,constructing, maintaining, removing, and disposing of control measures, except those that were installed as a part of another structure, shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefor. 2.18 SOLID WASTE DISPOSAL AND DIVERSION The Contractor shall submit to the Director the following summary of solid waste generated by the Work, disposed in Class III landfills, or diverted from disposal through recycling. Report disposal in inert fill separately. This form must be accompanied by legible copies of weight tickets, receipts, or invoices that specifically identify the project generating the material. Said documents must be from recyclers and/or disposal site operators that are acceptable to the Director. Further, the documents must be submitted to the Director with each application for progress payment. Failure to submit the form and its supporting documentation will render the application for progress payment incomplete and delay progress payments. ARTICLE 2 GC-23 of 89 SUMMARY OF SOLID WASTE DISPOSAL AND DIVERSION Project Title: Specification No. Type of Material (a) (b) (c) (d) Disposed in Class III Landfills Diverted from Class III [Leave This Column Blank] Disposed in Inert Fills Landfills by Recycling 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] ARTICLE 2 GC-24 of 89 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 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 after 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 ARTICLE 3 GC-25 of 89 designated portion thereof for its intended use, the Contractor shall, before City`s issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by City. The 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. 104 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; ARTrCLE 3 GC-26 of 89 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 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 ARTICLE 3 GC-27 of 89 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 Directors 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. 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 Contractors 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] ARTICLE 3 GC-28 of 89 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 depictevents,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. ARTICLE 4 GC-29 of 89 2. Delays of any non-critical Work shall not be the basis for an extension of Contract Time until the delays consume all float associated with that non-critical Work activity and cause the Work activity to become critical. 3. It is acknowledged that City-caused time savings (i.e., critical path submittal reviews returned in less time than allowed by the Contract Documents,approval of substitution requests which result in a savings of time for Contractor,etc.)create shared float. Accordingly,City-caused delays may be offset by City-caused time savings. C. Early Completion While the Contractor may schedule completion of the Project earlier than the date established by the Contract Documents, no additional compensation shall become due the Contractor for the use of float time between the Contractor's projected early completion date and the date for Substantial Completion established by the Contract Documents, unless an earlier(advanced)time of completion is requested by Contractor,agreed to by the City, and formalized by Change Order, 4.02 SCHEDULE UPDATES A. With each Application for Payment submitted by Contractor (other than the final Application for Payment),the Contractor shall submit to the City an updated Project Schedule revised to indicate the Work completed, status of Work in progress, all progress slippages, corrective actions taken, or slippage carry-over, for all anticipated delays or difficulties, and all other information required to accurately present the actual status of the progress of the Work as of the date of the Application for Payment. If the Contractor does not submit an updated Project Schedule with an Application for Payment, City may withhold payment, in whole or in part, until the updated Project Schedule is submitted. In the event that an update to the Project Schedule indicates a delay to the Contract Time the Contractor shall propose an affirmative plan to correct each such delay, including overtime and/or additional labor, if necessary. In no event shall any Project Schedule update constitute an adjustment in the Contract Time, any deadline, or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order or Work Directive. B. At no time shall historical data contained within the updated Project Schedule(i.e.completed activities) be removed and/or altered in any way. This historical data is to be preserved within each of the updated Project Schedules and submitted with the final schedule update to reflect the actual start and finish dates for each activity within the Schedule. C. Any work stoppages within individual work activities that exceed seven (7) calendar days in duration shall be clearly indicated within the updated Project Schedule. In cases where unplanned activity work stoppages exceed seven(7)calendar days activities shall be added to the Project Schedule to clearly indicate the work stoppage period and identify forecasted resumption and completion of the activity where work has stopped. Contractor shall clearly note all schedule revisions when Project Schedule updates are submitted,as required in this Paragraph 4.02 above. 4.03 NONCOMPENSABLE EXTRAORDINARY MEASURES A. Should the City determine, in its sole judgment,that the performance of the Work has not progressed to the level of completion required by the Contract Documents, City shall have the right to order the Contractor to take corrective measures to expedite the progress of construction, at no additional cost to the City, including,without limitation,the following: ARTICLE 4 GC-30 of 89 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] ARTICLE 4 GC-31 of 89 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 ARTICLE 5 GC-32 of 89 5. Contractor fails to resume performance of Work which has been suspended or stopped, within a reasonable time after receipt of notice from City to do so or(if applicable) after cessation of the event preventing performance;or 6. Any representation or warranty made by Contractor in the Contract Documents or any certificate, schedule, instrument, or other document delivered by Contractor pursuant to the Contract Documents shall have been false or materially misleading when made;or 7. Contractor fails to make payment to Subcontractors or Material Suppliers for materials or labor in accordance with the respective Contract Documents and applicable law;or 8. Contractor disregards laws,ordinances,or rules, regulations,or orders of a public authority having jurisdiction;or 9. Contractor is guilty of breach of a provision of the Contract Documents;or 10. Contractor becomes insolvent, is adjudicated bankrupt, or makes a general assignment for the benefit of creditors and fails to provide City with adequate assurances of Contractor's ability to satisfy its contractual obligations. A receiver,trustee,or other judicial officer shall not have any right,title,or interest in or to the Contract. Upon that person's appointment, City has, at its option and sole discretion, the right to immediately cancel the Contract and declare it null and void. B. City's Rights. When any of the reasons specified in Paragraph 5.02-A exist,the City may, in addition to and without prejudice to any other rights or remedies of the City, and after giving the Contractor five (5) calendar days written notice,terminate Contractor's performance of the Work,in whole or in part,and may: 1. Take possession of the site and all materials, equipment, tools, construction equipment, and machinery thereon owned by the Contractor; 2. Withhold from Contractor amounts unpaid hereunder and to offset such amounts against damages or losses incurred by City; 3. Accept assignment of subcontracts from Contractor,at the sole discretion of City,and 4. Finish the Work by whatever reasonable method the City may deem expedient. Upon request of the Contractor, the City shall furnish to the Contractor a detailed accounting of the costs incurred by the City in finishing the Work. C. Costs If City's costs to complete and damages incurred due to Contractor's default exceed the unpaid Contract balance,the Contractor shall pay the difference to the City. D. Wrongful Termination If it has been adjudicated or otherwise determined that City has wrongfully terminated the Contractor for cause, then said termination shall be deemed converted to a termination for convenience as set ARTICLE 5 GC-33 of 89 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 fumish Contractor with prompt written notice thereof, and the City shall be entitled to take possession of and have as its property all Record Documents, Accounting Records, and other data prepared by Contractor or its Subcontractors. E. Suspension for Convenience. 1. The City may at any time and from time to time,without cause,order the Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time as the City may determine. Such order shall be specifically identified as a"Work Suspension Directive"under this Section. 2. Upon receipt of a Work Suspension Directive,Contractor shall,at the City's expense,comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Work Suspension Directive during the period of Work stoppage. 3. Within the period of suspension,or such extension to that period as is agreed upon by Contractor and the City,the City shall either cancel the Work Suspension Directive or delete the Work covered by such Work Suspension Directive by issuing a Change Order or Construction Change Directive. 4. If a Work Suspension Directive is cancelled or expires, Contractor shall continue the Work. A Change Order or Construction Change Directive will be issued to cover any adjustments of the Contract Sum and Contract Time necessarily caused by such suspension. No adjustment shall be made to the extent: (a) That performance is, was, or would have been so suspended, delayed, or interrupted by another cause for which the Contractor is responsible;or (b) That an equitable adjustment is made or denied under another provision of the Contract, F. Suspensions for Cause City has the authority by written order to suspend the Work, in whole or in part, without liability to City for Contractor's failure to: ARTICLE 5 GC-34 of 89 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 Wont is suspended, Contractor shall continue to be responsible for the Work and shall prevent damage or injury to the Project,provide for drainage,and shall erect necessary temporary structures, signs or other facilities required to maintain the Project and continue to perform according to the Contract Documents. 5.04 TERMINATION BY THE CITY FOR CONVENIENCE A. Grounds Without limiting any rights which City may have by reason of any default by Contractor hereunder, City may terminate Contractor's performance of the Contract, in whole or in part, at any time, for convenience upon fifteen(15)calendar days written notice to Contractor. B. Contractor Actions Upon receipt of such notice, Contractor shall perform the duties required by Paragraph 5.05 below. At the election of and as directed by the City, any or all of the subcontracts and purchase orders entered in to by Contractor prior to the effective date of termination shall be terminated or shall be assigned to City. C. Compensation 1. If the Parties are unable to agree on the amount of a termination settlement, the City shall pay the Contractor the following amounts: a. For Work performed before the effective date of termination, the total (without duplication of any items)of: i. The cost of the Work;and ii. A sum,as overhead and profit on the cost of the Work,determined by the City to be fair and reasonable. In no event shall Contractor be entitled to recover overhead or profit on Work not performed. b. The reasonable costs of settlement of the Work terminated, including: i. Accounting, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data, if any;and ii. Storage,transportation,and other costs reasonably necessary for the preservation, protection,or disposition of inventory. 2. Such payment shall be Contractor's exclusive remedy for termination for convenience and will be due and payable on the same conditions as set forth for final payment to the extent applicable. ARTICLE 5 GC-35 of 89 Upon receipt of such payment, the Contractor and City shall have no further obligations to each other except for Contractors 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] ARTICLE 5 GC-36 of 89 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 Orderor 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 ARTICLE 6 GC-37 or 89 productivity, differing Site conditions, construction interferences and other extraordinary or 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 actto 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.OS 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 cant'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. ARTICLE 6 GC-38 of 89 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: 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 Mario-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, ARTICLE 6 GC-39 of 89 hours of operation(including loading and transportation)and hourly/daily rates involved for that day. C. Other Services or Expenditures. A list of other services and expenditures constituting Allowable Costs incurred in performance of the Extra Work on the day on which such Extra Work is performed, along with documentation verifying the amounts thereof in such detail as Director may require. 2. In the event that more than one change to the Work is performed by the Contractor in a calendar day,Contractor shall maintain separate records of labor,construction equipment,materials,and 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: ARTICLE 6 GC-40 of 89 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. 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. ARTICLE 6 GC41 of 89 Costs incurred while equipment is inoperative due to breakdowns, regular maintenance, or for non-Working Days shall not be allowed. The rental time shall include the time required to move the equipment to the Work from the nearest available source for rental of such equipment and to return it to the source. If such equipment is not moved by its own power, then loading and transportation will be allowed. Neither moving time nor loading and transportation costs will be paid if the equipment is for use on the Project unrelated to the Extra Work. All equipment shall be acceptable to City, in good working condition, and suitable for the purpose for which it is to be used. 6. Royalties. Additional or saved costs of royalties due to the performance of the Extra Work or deleted work. 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: ARTICLE 6 GC-42 of 89 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 10% up to and including the first $5,000 of the subcontracted portion of each extra work,and 5%on such extra work in excess of$5,000 may be added for Contractor. F. Net Allowable Costs If any one 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. 6.06 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. ARTICLE 6 GC43 of 89 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] ARTICLE 6 GC-44 of 89 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. ARTICLE 7 GC-45 of 89 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(b)Days prior to the date set forth in Paragraph 7.03-13 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, ARTICLE 7 GC-46 of 89 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; ARTICLE 7 GC47 of 89 8. submission of certifications by Contractor and each Subcontractor as required by applicable collective bargaining agreements certifying that all employee benefit contributions due and owing pursuant to any applicable collective bargaining agreement have been paid in full; and 9. compliance by Contractor with all of its other obligations for submission of documentation or performance of conditions which, by the terms of the Contract Documents,constitute conditions to Contractors right to receive payment for Work performed. S. 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 7.03-13 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 7.04-13, above, City shall pay interest to Contractor equivalent to the legal rate set forth in subdivision (a) of Califomia 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 In 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 7.04-13 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. ARTICLE 7 GC48 of 89 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 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. ARTICLE 7 GC-49 of 89 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: 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 ARTICLE 7 GC-50 of 89 2, Work covered by previous Applications for Payment are free and clear of liens, stop notices, claims,security interests or encumbrances imposed by the Contractor or any other person. E. Corrections No inaccuracy or error in any Application for Payment provided by Contractor shall operate to release Contractor from the error, or from losses arising from the Work, or from any obligation imposed by the Contract Documents. City retains the right to subsequently correct any error made in any previously approved Application for Payment, or progress payment issued, by adjustments to subsequent payments. 7.07 PAYMENTS BY CONTRACTOR Contractor shall not include in its Applications for Payment sums on account of any Subcontractor's portion of the Work that it does not intend to pay to such Subcontractor.Upon receipt of payment from City,Contractor shall pay the Subcontractor performing Work on the Project, out of the amount paid to Contractor on account of such Subcontractor's portion of the Work,the amount to which said Subcontractor is entitled in accordance with the terms of its contract with Contractor and applicable laws,including,without limitation,California Public Contract Code Section 7107. Contractor shall remain responsible notwithstanding a withholding by City pursuant to the terms of these Contract Documents, to promptly satisfy from its own funds sums due to all Subcontractors who have performed Work that is included in Contractor's Application for Payment.Contractor shall, by appropriate agreement, require each Subcontractor to make payments to its subcontractors and material suppliers in similar manner. City shall have no obligation to pay or be responsible in any way for payment to a Subcontractor of any tier or material supplier. 7.08 PAYMENTS WITHHELD A. Withholding by City In addition to any other amounts which City may have the right to retain under the Contract Documents, City may withhold a sufficient amount of any payment otherwise due to Contractor as City, in its sole discretion, may deem necessary to cover actual or threatened loss due to any of the following: 1. Third Party Claims. Third-party claims or stop notices filed or reasonable evidence indicating probable filing of such claims or stop notices, City shall promptly inform Contractor of any third party claims related to this Contract; 2. Defective Work. Defective Work not remedied; 3. Nonpayment. Failure of Contractor to make proper payments to its Subcontractors for services, labor, materials or equipment; 4. Inability to Complete. Reasonable doubt that the Work can be completed for the then unpaid balance of the Contract Sum or within the Contract Time; 5. Violation of Applicable Laws. Failure of Contractor or its Subcontractors to comply with applicable laws or lawful orders of governmental authorities; ARTICLE 7 GC-51 of 89 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. 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 priorjudicial determination of City's actual rights with respect to such loss. Contractor agrees and hereby designates City as its agent for such purposes, and agrees that such payments shall be considered as payments made under Construction Contract by City to Contractor. City shall not be liable to Contractor for such payments made in good faith. City shall submit to Contractor an accounting of such funds disbursed on behalf of Contractor. As an alternative to such payment,city may, in its sole discretion, elect to exercise its right to adjust the Contract Sum as provided in the Contract Documents. ARTICLE 7 GC-52 of 89 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 Documents. Securities shall be valued as often as conditions of the securities market warrant, but in no case less frequently than once per month. ARTICLE 7 GC-53 of 89 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 7.11-13, 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: I. A statement that it is a Claim and a request for a decision on the Claim; 2. A detailed description of the act, error, omission, unforeseen condition, event or other circumstance giving rise to the Claim. ARTICLE 7 GC-54 of 89 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, M I have, with respect to any request for extension of time or claim of delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules(including those maintained by Contractor and the Subcontractor,of any tier,that is asserting all or any portion of the Claim)and confirmed on an event-by-event basis that the delays or disruption suffered by Contractor and/or such Subcontractor were in fact experienced for the durations, in the manner, and with the consequent effects on the time and/or sequence of performance of the Work, as alleged in the Claim; and, ARTICLE 7 GC-55 of 89 (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. ARTICLE 7 GC-56 of 89 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] ARTICLE 7 GC-57 of 89 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 ARTICLE 8 GC-58 of 89 the Contractor, the Specifications number and title, and a reference to the applicable Drawings and Specifications paragraphs. C. Materials or equipment of which samples are required shall not be used on the Work until approval has been given by the 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 Contractors 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 fumished 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 fumished under this Contract, and should the Contractor, his/her agents, ARTICLE 8 GC-59 of 89 servants,or employees,or any of them,be enjoined from furnishing or using any invention,process,equipment, article, materials, supplies or appliance supplied or required to be supplied or used under this Contract, the Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or appliances in lieu thereof,of equal efficiency,quality,finish,suitability, and market value, and satisfactory in all respects to the 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] ARTICLE 8 GC-60 of 89 ARTICLE 9- SUBMITTALS 9.01 GENERAL A. The Contractor shall submit samples,drawings,and data forthe Directors 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 manufacturers recommendation of the interface/interiock 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. ARTICLE 9 GC-61 of 89 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 comer of each drawing and shall be clear of all line Work,dimensions,details,and notes. Sheet Sizes Height X Width 11"X 81/2" 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 specked 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. ARTICLE 9 GC-62 of 89 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. fi. 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 appear;in the Contract Documents and Contract 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. ARTICLE 9 GC-63 of 89 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. 8. 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. ARTICLE 9 GC-64 of 89 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] ARTICLE 9 GC-65 of 89 ARTICLE 10-SAFETY 10.01 PROTECTION OF PERSONS AND PROPERTY A. Contractors 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 fumish 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. Ali 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 Order;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) ARTICLE 10 GC-66 of 89 Is not designed for continuous employee occupancy. Failure to submit a confined space entry program may result in actions as provided in Article 5:"Suspension or Termination of Contract." C. Material Safety Data Sheet 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 IndusWal 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 ll, 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 Regues. 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. ARTICLE 10 GC-67 of 89 E. Failure to Comply. Failure by Contractor to strictly comply with the requirements of this Paragraph 10.03 concerning the timing and content of any notice of Differing Site Conditions or request for adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be deemed waiver of any right by the Contractor for an adjustment in the Contract Sum or Contract Time by reason of such conditions. F. Final Completion. No claim by the Contractor for additional compensation for Differing Site Conditions shall be allowed if asserted after Final Payment. G. In the event of disagreement between the Contractor and the 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 Contractors 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. ARTICLE 10 GC-68 of 89 10.05 TRAFFIC CONTROL DEVICES A. Traffic signs, flashing lights, barricades and other traffic safety devices used to control traffic shall conform to the requirements of the WATCH handbook or the manual of traffic control, whichever is more stringent,and as approved by the City Traffic and Transportation Administrator. 1. Portable signals shall not be used unless permission is given in writing by the agency having jurisdiction. 2. Warning signs used for nighttime conditions shall be reflectorized or illuminated. "Reflectorized signs" shall have a reflectorized background and shall conform to the current State of California Department of Transportation specification for reflective sheeting on highway signs. B. If the Contractor fails to provide and install any of the signs or traffic control devices required herby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment, 10.06 EXECUTION A. The Contractor shall provide written notification to the Police Department,(323)587-5171,at least two (2) weeks prior to the beginning of construction at any particular location. Notification will include the specific location, project dates, what lanes of the roadway will be closed and when. Also the construction project manager's name and business phone number and the construction inspector's name and business phone number. B. The Contractor shall notify, by telephone,the Police Department, (323)587-5171 at the completion of any posting of temporary no parking signs. Notification will include the times, dates and locations of the posting. When vehicles must be towed for violation of temporary no parking signs,the person who actually posted the signs, or on-view supervisor of that posting, will be present to answer pertinent questions that may be asked by the parking enforcement officer or police officer towing the vehicles. C. The Contractor shall notify the Vernon Fire Department,on a daily basis during the entire period that construction is in progress whenever roadways are reduced in width or blocked. Notification shall be made to the Fire Dispatch(323)5834821 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 altemating 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. ARTICLE 10 GC-69 of 89 G. Convenient access to driveways and buildings in the vicinity of Work shall be maintained as much as possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and kept in good condition. H. When leaving a Work area and entering a roadway carrying public traffic,the Contractor's equipment, whether empty or loaded,shall in all cases yield to public traffic. 10.07 FLAGGING A. Contractor shall provide flaggers to control traffic where required by the approved traffic control plan. 1. Flaggers shall perform their duties and shall be provided with the necessary equipment in accordance with the current "Instructions to Flaggers" of the California Department of Transportation. 2. Flaggers shall be employed full time on traffic control and shall have no other duties. 10.08 PEDESTRIAN CANOPIES OR BARRICADE IMPROVEMENTS Refer to City of Vernon for requirements for building or access road safety improvements that the Contractor shall construct during construction period. These devices or improvements, as the City deems necessary or prudent,shall be at the expense of the Contractor. [END OF ARTICLE] ARTICLE 10 GC-70 of 89 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 fumished 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 ARTICLE 11 GC-71 of 89 or under the Contract Documents. In the event of any claim,suitor 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 Contractors 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] ARTICLE 11 GC-72 of 89 ARTICLE 12- INSURANCE 12.01 CONDITION TO COMMENCEMENT Contractor shall not commence Work under this Contract until Contractor has obtained all insurance required hereunder from a company or companies acceptable to City, nor shall the Contractor allow any Subcontractor to commence Work on a subcontract until all insurance required of said Subcontractor has been obtained. Proof of insurance including insurance certificates and endorsements as set forth in Exhibit 4 must be submitted by the Contractor prior to the City's execution of the Contract. 12.02 MINIMUM COVERAGE AND LIMITS Contractor shall maintain the insurance coverage as set forth in Exhibit 4 throughout the term of the Contract. 12.03 CONDITIONS REGARDING INSURANCE COVERAGE AND LIMITS City and Contractor agree as follows: A. All insurance coverage and limits provided pursuant to the Contract Documents shall apply to the full extent of the policies involved, available or applicable. Nothing contained in the Contract Documents or any other agreement relating to City or its operations limits the application of such insurance coverage. B. None of the policies required by this Contract shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing by the City Attorney or City's Risk Manager. 12.04 INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY OBLIGATION This Agreement's insurance provisions: A. Are separate and independent from the indemnification and defense provisions in Article 12 of the Agreement;and B. Do not limit, in any way,the applicability,scope, or obligations of the indemnification and defense provisions in Article 12 of the Agreement. [END OF ARTICLE] ARTICLE 12 GC-73 of 89 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 7 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"Y 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 Califomia 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 fumish to the satisfaction of City within ten (10) days after notice, and in default thereof the ARTICLE 13 GC-74 of 89 Contract may be suspended and the materials may be purchased or the Work completed as provided in Article 5 herein. 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] ARTICLE 13 GC-75 of 89 ARTICLE 14- LABOR PROVISIONS 14.01 WORKING HOURS A Work or activity of any kind shall be limited to the hours from 7:00 a.m.to 7:00 p.m. No construction noise shall be permitted between the hours of 7:00 p.m.and 7:00 a.m.of the next day. B. Work in excess of eight(8) hours per day, on Saturdays, Sundays, or on City holidays requires prior consent of the Director and is subject to Cost of Overtime Construction Inspection. C. Night, Sunday and Holiday Work. No Work shall be performed at night, Sunday,or the ten (10) legal holidays to wit: New Year's Day, Martin Luther King,Jr. Day,Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday following Thanksgiving Day, and Christmas Day, except Work pertaining to the public safety or with the permission of the Director,and accordance with such regulations as he/she shall furnish in writing. Before performing any Work at said times, except Work pertaining to the public safety,the Contractor shall give written notice to the Director so that proper inspection may be provided. "Night" as used in this paragraph shall be deemed to include the hours from 7:00 P.M.to 7:00 A.M. of the next succeeding day. 14.02 COST OF OVERTIME CONSTRUCTION SERVICES AND INSPECTIONS A Overtime construction Work performed at the option of, or for the convenience of, the Contractor will be inspected by the City at the expense of the Contractor. For any such overtime beyond the regular 8-hour day and for any time worked on Saturday, Sunday, or holidays the charges will be determined by the City,and submitted to the Contractor for payment. B. Equipment,materials,or services provided by the City,in connection with Contractor-initiated overtime construction Work described in Paragraph 14.02(A),will also be at the expense of the Contractor. The charges will be determined by the City,and submitted to the Contractor for payment. C. There will be no charges to the Contractor for the inspection of overtime Work ordered by the Director or required by the Contract Documents. 14.03 COMPLIANCE WITH STATE LABOR CODE A. Contractor shall comply with the provisions of the Labor Code of the State of California and any amendments thereof. 1. The time of service of any worker employed upon the Work shall be limited and restricted to eight (8)hours during any one-calendar day, and 40 hours during any one-calendar week. 2. Work performed by employees of the Contractor in excess of eight(8)hours per day,and 40 hours during any one calendar week, shall be permitted upon compensation for all hours worked in excess of eight(8)hours per day at not less than one and one-half times the basic rate of pay. 3. The Contractor and every Subcontractor shall keep an accurate record showing the name of and the actual hours worked each calendar day and each calendar week by each worker employed by him/her in connection with the Work;the record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Standards Enforcement of the State of Califomia. 4. In the event City deems Contractor is in violation of this Paragraph 14.03,the Contractor shall,as ARTICLE 14 GC-76 of 89 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.cagov/DLSRIPWD/. To the extent that there are any differences in the federal and state prevailing wage rates for similar classifications of labor,the Contractor and its Subcontractors shall pay the highest wage rate. 2. The Contractor shall post a copy of the general prevailing rate of per diem wages at the job site. 3. The Contractor and any Subcontractor under him/her shall pay not less than the specified prevailing rate of wages to all workers employed in the execution of the Contract. 4. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining Contract applicable to the particular craft,classification,or type of worker employed on the project. 5. The Contractor shall, as a penalty to the State or the City, forfeit not more than Fifty Dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for the Work or craft in which the worker is employed under the Contract by the Contractor or by any Subcontractor under him. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which such worker was paid less than the stipulated prevailing wage rate shall be paid to such worker by the Contractor. 6. The specified wage rates are minimum rates only and the City will not consider and shall not be liable for any claims for additional compensation made by the Contractor because of payment by him/her of any wage rate in excess of the general prevailing rates. All disputes in regard to the payment of wages in excess of those specified herein shall be adjusted by the Contractor at his/her own expense. B. Payroll Records 1. Pursuant to California Labor Code Section 1776, the Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, Work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in ARTICLE 14 GC-77 of 89 connection with the Work. The payroll records shall be certified and shall be available for inspection. 2. The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five(5)Working Days, provide a notice of change in location and address. 3. Upon request by the Director, the Contractor shall provide a copy of the certified payroll records along with a statement of compliance. 14.05 APPRENTICESHIP STANDARDS A. Compliance with California Labor Code Section 1777.5 requires all public works contractors and subcontractors to: 1. Prior to commencing work on a public works contract, submit Contract Award information to the applicable joint apprenticeship committee, including an estimate of the journeyman hours to be performed under the Contract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. Use Form DAS-140 from the State Department of Industrial Relations. The City reserves the right to require Contractor and Subcontractors to submit a copy of said forms to the City. 2. Employ apprentices for the public work at a ratio of no less than one(1)hour or apprentice work for every five(5) hours or labor performed by a journeyman. To request dispatch of apprentices, use Form DAS-142 from the State Department of Industrial Relations. The City reserves the right to require Contractor and Subcontractors to submit a copy of said forms to the City. 3. Pay the apprentice rate on public works projects only to those apprentices who are registered, as defined in Labor Code Section 3077. 4. Contribute to the training fund in the amount identified in the Prevailing Wage Rate publication for journeyman and apprentices. Contractors who choose not to contribute to the local training trust fund must make their contributions to the California Apprenticeship Council, P.O. Box 420603, San Francisco, CA 94142, B. Failure to comply with the provisions of California Labor Code Section 1777.5 may result in the loss of the right to bid or perform work on all public works projects for a period of one to three years and the imposition of a civil penalty of One Hundred Dollars ($100.00) for each calendar day of noncompliance for the first violation and up to Three Hundred Dollars ($300.00) for each calendar day of noncompliance for a second or subsequent violation. Contractor should make a separate copy of this material for each of his/her Subcontractors. C. Payroll Records. The Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman apprentice, worker or other employee employed in connection with the work. The payroll records shall be certified and shall be submitted to the Project Manager every two weeks. D. Statement of Employer Fringe Benefit Payments.Within five(5)calendar days of signing the Contract or Subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26 from the ARTICLE 14 GC-78 of 89 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 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. 14.08 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] ARTICLE 14 GC-79 of 89 ARTICLE 15- DISPUTE RESOLUTION 15.01 SUBMISSION OF CLAIMS A. By Contractor Contractors 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 Contractors 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 ARTICLE 15 GC-80 of 89 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] ARTICLE 15 GC-81 of 89 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] ARTICLE 16 GC-82 of 89 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 similartaxes on materials,laboror other items fumished 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 Contractors 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 and Architect shall be entitled to assume that such instruction is in compliance with applicable laws and lawful order;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 ARTICLE 17 GC-83 of 89 and Subcontractors are granted a limited, non-exclusive license, revocable at will of City, to use and reproduce applicable portions of the Contract Documents and Submittals as appropriate to and for use in the execution of the Work and for no other purpose. B. Documents on Site 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 duty 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. ARTICLE 17 GC-84 of 89 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 govemmental 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. ARTICLE 17 GC-85 of 89 17.09 PERSONAL LIABILITY OF CITY EMPLOYEES City's authorized representatives are acting solely as agents and representatives of City when carrying out the provisions of or exercising the power or authority granted to them under the Contract. They shall not be liable either personally or as employees of City for actions in their ordinary course of employment. No agent, consultant, Council member, officer or authorized employee of City, shall be personally responsible for any liability arising under the Contract. 17.10 NO ESTOPPEL City shall not, nor shall any officer thereof, be precluded or estopped by any measurement,estimate or certificate made or given by the City representative or other officer, agent, or employee of City under any provisions of the Contract from at any time(either before or after the final completion and acceptance of the Work and payment therefor) pursuant to any such measurement, estimate or certificate showing the true and correct amount and character of the work done, and materials furnished by 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 Contractors 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 Califomia. Contractor and City acknowledge that the Contract Documents were negotiated, entered into, and executed—and the Work was performed—in the City of Vernon, Califomia. 17.12 CONFLICT OF INTEREST A. Contractor covenants that none of Is directors,officers,employees,or agents may participate in selecting,or administering,any contract or subcontract supported(in whole or in part)by funds pursuant to this Contract where such person is a director,officer, employee or agent of the subcontractor; orwhere the selection of subcontractors isor has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.: or where such person knows or should have known that: 1. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract; 2. The subcontractor is someone with whom such person has or is ARTICLE 17 GC-86 of 89 negotiating any prospective employment;or 3. The participation of such person would be prohibited by the California Politicai Reform Act, Califomia Govemment Code §87100 et M. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract. B. Definitions: 1. The term "immediate family" means domestic partner and/or those persons related by blood or marriage, such as husband, wife, father, mother, brother,sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law. 2. The term "financial or other interest" means: a. Any direct or indiirect financial interest inthe specific contract, including but not limited to, a commission or fee,a share of the proceeds, prospect of a promotion or of future employment, a profit,or any other form of financial reward. b. Any of the following interests inthe subcontractor ownership: partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body. C. Contractor further covenants that no officer, director, employee, or agent may solicit or accept gratuities, favors, or anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent). D. The Contractor may not subcontract with a former director, officer, or employee within a one year period following the termination of the relationship between said person and the Contractor. E. Prior to obtaining the City's approval of any subcontract, Contractor must disclose to the City any relationship, financial or otherwise, direct or indirect, of the Contractor or any of Is officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees. F. For further clarification of the meaning of any of the terms used herein,the parties agree that references are made to the guidelines, rules, and laws of the County of Los Angeles,State of California,and Federal regulations regarding conflictof interest. G. Contractor warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Contractor. ARTICLE 17 GC-87 of 89 H. Contractor covenants that no member, officer or employee of Contractor may have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter. 17.13 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. 17.14 SEVERABILITY If any clause, provision, section, paragraph or part of the Contract is ruled invalid by a court having proper jurisdiction, then the parties shall: (a) promptly meet and negotiate a substitute for such clause, provision, section, paragraph or part, which shall, to the greatest extent legally permissible, effect the original intent of the parties, including an equitable adjustment to the Contract Price to account for any change in the Work resulting from such invalidated portion; and (b) if necessary or desirable, apply to the court or other decision maker(as applicable) which declared such invalidity for an interpretation of the invalidated portion to guide the negotiations. The invalidity or unenforceability of any such clause, provision, section, paragraph or part shall not affect the validity or enforceability of the balance of the Contract, which shall be construed and enforced as if the Contract did not contain such invalid or unenforceable clause, provision,section, paragraph or part. 17.15 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. 17.16 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. 17.17 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] ARTICLE 17 GC-88 of 89 EXHIBIT 1 Bond No.: Premium Amount:$ Bond's Effective Date: PERFORMANCE BOND RECITALS: 1. The City of Vernon,California("City"),has awarded to (Name,address,and telephone of Contractor) ("Principal"), a Contract(the"Contract")for the Work described as follows: Contract No. Project 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($ 1("the Bonded Sum"), this amount comprising not less than the total Contract Sum,in lawful money of the United States of America. The California Licensed Resident Agent for Surety is: (Name,address,and telephone) Registered Agent's California Department of Insurance License No. THE CONDITION OF THIS BOND'S OBLIGATION IS THAT,if Principal promptly and faithfully performs the undertakings, terms, covenants, conditions, and agreements in the Contract and Contract Documents(including all their amendments and supplements), all within the time and in the manner that those documents specify,then this obligation becomes null and void. Otherwise,this Bond remains in full force and effect,and the following terms and conditions apply to this Bond: 1. This Bond specifically guarantees Principal's performance of each obligation and all obligations under the Contract and Contract Documents,as they may be amended and supplemented—including, but not limited to, Principal's liability for liquidated damages,Warranties,Guarantees,Correction,and Maintenance obligations as specified in the Contract and Contract Documents—except that Surety's total obligation,as described here,will not exceed the Bonded Sum. 2 For those obligations of Principal that survive Final Completion of the Work described in the Contract and Contract Documents,the guarantees in this Bond also survive Final Completion of the Work. 3. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly: (a)remedy the default;(b)complete the Project according to the Contract Documents'terms and conditions then in effect;or(c)using a procurement methodology approved by City,select a contractor or contractors—acceptable to City—to complete all of the Work, and arrange for a contract between 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. EXHIBIT l - PERFORMANCE BOND-1 of 3 4. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract Documents, or the nature of the Work performed under the Contract or Contract Documents— including, without limitation, an extension of time for performance— does not, in any way, affect Surety's obligations under this Bond. Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement, or extension of time. 5. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's guaranteeing Principal's faithful performance of the Work. 6. No right of action accrues on this Bond to any entity other than City or its successors and assigns. 7. If an action at law or in equity is necessary to enforce or interpret this Bond's terms,Surety must pay—in addition to the Bonded Sum—City's reasonable attorneys'fees and litigation costs,in an amount the court fixes. 8. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate,or withdraw from this Bond;or(b)this Bond becomes void or unenforceable for any reason. On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representative(s)under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name) (Name) Its: its: (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: CORPORATE SEAL CORPORATE SEAL I i i ■ THIS BOND MUST BE EXECUTED IN TRIPLICATE. ■ EVIDENCE MUST BEATTACHEDOFTHEAUTHORITYOFANY PERSON SIGNINGASATTORNEY-IN-FACT. ■ THEATTORNEY-IN-FACTS SIGNATURE MUST BE NOTARIZED. ■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH,AREA CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By By Director of Public Works,Water&Development Services City Attorney EXHIBIT I - PERFORMANCE BOND-2 of 3 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 EXHIBIT 1 - PERFORMANCE BOND-3 of 3 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: Contract No. Project in Vernon,CA. 2. Principal is required under California Civil Code Sections 3247.3248 and the terms of the Contract— and all contract documents referenced in it("Contract Documents")—to furnish a bond guaranteeing Principal's paying claims, demands, liens, or suits for any work, labor, services, materials, or equipment furnished or used in the Work. 3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and made a part of it by this reference. OBLIGATION: THEREFORE,for value received,We,Principal and (Name,address,and telephone of Surely) ("Surety"), a duly admitted surety insurer under California's laws,agree as follows- By this Bond,We jointly and severally obligate and bind ourselves,and our respective heirs,executors,administrators, successors,and assigns to pay City the penal sum of Dollars($ )("the Bonded Sum"), this amount comprising not less than the total Contract Sum,in lawful money of the United States of America. The California Licensed Resident Agent for Surety is: (Name,address,and telephone) Registered Agent's California Department of Insurance License No. THE CONDITION OF THIS BOND'S OBLIGATION IS THAT, if Principal or a subcontractor fails to pay(a) any person named in California Civil Code Section 3181, or any successor legislation; (b) any amount due under California's Unemployment Insurance Code, or any successor legislation, for work or labor performed under the Contract or Contract Documents; or (c) any amount under Unemployment Insurance Code Section 13020, or any successor legislation, that Principal or a subcontractor must deduct, withhold, and pay over to the Employment Development Department from the wages of its employees,for work or labor performed under the Contract or Contract Documents, then Surety shall pay for the same in an amount not-to-exceed the Bonded Sum. Otherwise,this obligation becomes null and void. While this Bond remains in full force and effect,the following terms and conditions apply to this Bond: 1. This Bond inures to the benefit of any of the persons named in California Civil Code Section 3181,or any successor legislation,giving those persons or their assigns a right of aeon in any suit brought upon this Bond,unless California Civil Code Section 3267,or any successor legislation,applies. EXHIBIT 2-PAYMENT BOND-1 of 3 2. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract Documents, or the nature of the Work performed under the Contract or Contract Documents—including, without limitation, an extension of time for performance—does not, in any way, affect Surety's obligations under this Bond. Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement,or extension of time. 3. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's paying claims,demands,liens,or suits for any work, labor, services, materials,or equipment furnished or used in the Work. 4. If an action at law or in equity is necessary to enforce or interpret this Bond's terms,Surety must pay—in addition to the Bonded Sum—City's reasonable attorneys'fees and litigation costs,in an amount the court fixes. 5. Surety shall mail City written notice at least 30 days before:(a)the effective date on which the Surety will cancel, terminate,or withdraw from this Bond;or(b)this Bond becomes void or unenforceable for any reason. On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representative(s)under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name) (Name) Its: Its: (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: CORPORATE SEAL CORPORATE SEAL ■ THIS BOND MUST BE EXECUTED IN TRIPLICATE. ■ EVIDENCE MUSTBEATTACHEDOFTHEAUTHORf1YOFANYPERSON SIGNING ASATTORNEY-IN-FACT. ■ THE ATTORNEY-IN-FACTS SIGNATURE MUST BE NOTARIZED. ■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH,AREA CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By By Director of Public Works,Water&Development Services City Attorney EXHIBIT 2-PAYMENT BOND-2 of 3 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 EXHIBIT 2-PAYMENT BOND-3 of 3 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: Contract No. Proiect in Vernon,CA. 2. Principal is required under the temps of the Contract— and all contract documents referenced in it ("Contract Documents")—after completion of the Work and before the filing and recordation of a Notice of Completion for the Work, to furnish a bond to secure claims for Maintenance equal to ten percent(10%)of the total amount of the Contract Which shall hold good for a period of one (1) year from the date the City's Notice of Completion and Acceptance of the Work is filed with the County Recorder,to protect the City against the result of faulty material or workmanship during that time. 3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and made a part of it by this reference. OBLIGATION: THEREFORE,for value received,We,Principal and (Name,address,and telephone of Surety) ("Surety"), a duly admitted surety insurer under California's laws,agree as follows: By this Bond,We jointly and severally obligate and bind ourselves, and our respective heirs,executors,administrators, successors,and assigns to pay City the penal sum of Dollars($ )("the Bonded Sum"). this amount comprising not less than the total Contract Sum,in lawful money of the United States of America. The California Licensed Resident Agent for Surety is: (Name,address,and telephone) Registered Agent's California Department of Insurance License No. _ THE CONDITION OF THIS BOND'S OBLIGATION IS THAT if the said Principal or any of his or her or its subcontractors, or the heirs,executors,administrators,successors,or assigns or assigns of any,all,or either of them,shall fail to execute within a reasonable amount of time,or fail to respond within seven(7)days with a written schedule acceptable to the City for same,repair or replacement of any and all Work,together with any other adjacent Work which may be displaced by so doing,that proves to be defective in its workmanship or material for the period of one (1)year(except when otherwise required in the Contract to be for a longer period) from the date the City's Notice of Completion and Acceptance, or equivalent,is filed with the County Recorder,ordinary wear and tear and unusual abuse or neglect excepted with respect to such Work and labor,the Surety herein shall pay for the same, in an amount not exceeding the sum specified in this Bond. 1 When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly remedy the default using a procurement methodology approved by City, select a contractor or contractors— acceptable to City to complete all of the Work,and arrange for a contract between 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 Banded Sum EXHIBIT 3—MAINTENACE BOND-1 of 3 2. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. 3. Surety,for value received, hereby stipulates and agrees that no change,extension of time, alteration,or addition to the terms of said Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond,and it does hereby waive notice of any such change,extension,alteration, or addition. 4. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's guaranteeing Principal's faithful performance of the Work. 5. No right of action accrues on this Bond to any entity other than City or its successors and assigns. 6. If an action at law or in equity is necessary to enforce or interpret this Bond's terms,Surety must pay,in addition to the Bonded Sum,City's reasonable attorneys'fees and litigation costs,in an amount the court fixes. 7. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate,or withdraw from this Bond;or(b)this Bond becomes void or unenforceable for any reason. 8. Death of the Principal shall not relieve Surety of its obligations hereunder. On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representative(s)under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name) (Name) Its: Its: (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: CORPORATE SEAL CORPORATE SEAL ■ THIS BOND MUST BE EXECUTED IN TRIPUCATE ■ EWDENCEMUSTBEATTACHEDOFTIEAUTHORITYOFANYPERSONSIGNINGASATTORNEY-IMFACE ■ THE ATTORNEYaN-FACTS SIGNATURE MUST BE NOTARRED. ■ A CORPORATE SEAL MUST BE IMPRESSED ON THS FORM MEN THE PRINCIPAL,OR THE SURETY,OR BOTH,ARE A CORPOR4710ti APPROVED AS TO SURETY&AMOUNT OF BONDED SUM: APPROVED AS TO FORM: By By Director of Public Works,Water&Development Services City Attorney EXHIBIT 3—MAINTENACE BOND-2 of 3 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 EXHBIT 3—MAINTENACE BOND-3 of 3 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. Employers Liability insurance shall be in an amount not less than: (a) ONE MILLION DOLLARS($1,000.000)per accident for bodily injury or disease; (b) ONE MILLION DOLLARS($1,000,000)per employee for bodily injury or disease; and (c) ONE MILLION DOLLARS($1,000,000)policy limit. B. Commercial General Liability("CGL")(primary).City and its employees and agents shall be added as additional insureds,not limiting coverage for the additional insured to"ongoing operations"or in any way excluding coverage for completed operations. Coverage shall apply on a primary,non-contributing basis in relation to any other insurance or self-insurance,primary or excess,available to City or any employee,representative or agent of City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors'limitation or other endorsement limiting the scope of coverage for liability arising from explosion, collapse,or underground property damage. 1. CGL insurance must not be written for less than the limits of liability specified as follows: (a) ONE MILLION DOLLARS($1.000,000)per occurrence for bodily injury(including accidental death)to any one person; (b) ONE MILLION DOLLARS($1.000,000)per occurrence for personal and advertising injury to any one person; (c) ONE MILLION DOLLARS($1.000,000)per occurrence for property damage;and (d) TWO MILLION DOLLARS($2,000,000)general aggregate limit, 2. CGL insurance must include all major divisions of coverage and must cover: (a) Premises Operations(including Explosion,Collapse,and Underground['X,C,U"] coverages as applicable); (b) Independent Contractor's Protective; (c) Independent Contractors; EXHIBIT 4—INSURANCE REQUIREMENTS-1 of 6 (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 Employers Liability Exclusion deleted); {f) Contractual Liability(including specified provision for Contractors 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 contractors 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-awned. 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)IF REQUIRED 1. Contractor or Subcontractor shall obtain, pay for,and maintain for the duration of the Contract Contractors Pollution Liability insurance that provides coverage for liability caused by pollution conditions arising out of the operations of Contractor. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using Subcontractors,the policy must include work performed "by or on behalf"of the insured. 2. The policy limit shall provide coverage of no less than one million dollars($1,000,000) per claim and in the aggregate. Coverage shall apply to bodily injury;property damage, including loss of use of damaged property or of property that has not been physically inured; cleanup costs;and costs of defense, including costs and expenses incurred in the investigation,defense,or settlement of claims. EXHIBIT 4—INSURANCE REQUIREMENTS-2 of 6 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. Builders Risk-IF REQUIRED 1. Builderrs 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 histher 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. EXHIBIT 4—INSURANCE REQUIREMENTS-3 of 6 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 Contractors policy J. Al 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 Moth, that City incurs during City's investigation,administration,or defense of a ciaim 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 Contractors 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 Contractors 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 Contractors behalf, Contractor shall ensure that the Subcontractor complies with the following. 1. Meets,and fully complies with,this Agreement's insurance requirements;and EXHIBIT 4—INSURANCE REQUIREMENTS-4 of 6 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. 0. 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 Contractors 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. EXHIBIT 4—INSURANCE REQUIREMENTS-5 of 6 E. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that all required coverage is provided. Contractor agrees to obtain certificates evidencing such coverage. F. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such notice,but has the right(but not the duty)to monitor the handling of any such claim or claims if they are likely to involve City. G. No liability policy shall contain any provision or definition that would serve to eliminate so-called"third party action over"claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. H. Any"self-insured retention"must be declared and approved by City. City reserves the right to require the self-insured retention to be eliminated or replaced by a deductible. Self-funding,policy fronting or other mechanisms to avoid risk transfer are not acceptable. If Contractor has such a program,Contractor must fully disclose such program to City. EXHIBIT 4—INSURANCE REQUIREMENTS-6 of 6 EXHIBIT B SPECIAL PROVISIONS - SPECIFIC FOR THIS PROJECT FIRE DEPARTMENT TRAINING FACILITY CONTRACTOR, CONTRACT NO. FD-0152 B-1.01 Scope of Work—The City of Vernon, Ca, Fire Department, invites bids from qualified contractors to furnish one (1) Haz-Mat and USAR Mobile Training Facility. This mobile facility must be compliant with the Urban Area Strategic Initiative(UASI)and the Homeland Security Grant Program(HSGP),which will fund this project. 1. Contractor shall build and install a three (3) story Regional Training Facility, constructed from thirteen (13) 8'X8.5'X40' International Organization for Standardization (ISO) containers, to include Urban Search & Rescue and integrated Hazardous Material live fire burn, spill, leak, and vapor release mitigation props. 2. This is an engineer, design, construct and deliver type specification. It is not the intention of the City to disqualify vendors or manufacturers of similar or equal equipment of the types specified. It should be noted that the specifications are written around specific needs of the Vernon Fire Department and the surrounding region. 3. Models included in the specifications are for reference only to indicate level of quality and required service functions. There is no intention to limit this request to any one model. 4. Site preparation where the mobile facility will be assembled for use will be the responsibility of the City of Vernon. 5. Mobile Facilities manufactured outside of the United States will not be considered. B-1.02 Length of Contract—All work in this project shall be completed within 180(one-hundred-eighty) calendar days as specified in the Bidder's Proposal. B-1.03 Specifications — Office Improvements shall conform to the Part 1 — General Provisions of the "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2015 Edition). The AMERICAN INSTITUTE OF ARCHITECT SPECIFICATIONS shall be used as the specifications for any work not specifically provided for in the project manual for tenant improvements. B-1.04 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. FD-0152 Page 1 of 11 B-1.05 Ouality of Work—The provisions of Section 4-1.1 entitled "Materials and Workmanship" of the Standard Specifications (2012) 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-1.06 Liquidated Damages — As stated in Section 3.07 in Exhibit A — General Conditions, the Contractor shall pay the sum $1,500.00 per day, with respect to Contractor's failure to achieve Substantial Completion of the Work within the Contract Time. B-2.01 SchedulinE 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—The type of work below will have time restrictions as followed: All work shall occur Monday thru Friday between the hours of 8:30 a.m.—5:30 p.m. Weekend work will be allowed upon approval of the City Engineer B-3.01 Phasing of Work—Phase I will consist of$200,000 funded by the 2013 SHSGP Grant. Phases II and III will be funded through the 2014 SHSGP Grant at $300,000 and the 2014 UASI Grant Program at $300,000. B-3.02 Traffic Requirements—Before any partial or total closure of any street,the Contractor, its agents, or employees shall be required to obtain the approval of the City Engineer, or his/her designee. The Contractor shall comply with Section 7-10 of the Standard Specifications and provide safe and continuous passage for pedestrians 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. 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. FD-0152 Page 2 of 11 B-4.02 Compliance with Laws.Reeulations and Safe Practices—The Contractor shall perform all work in a safe, competent manner and in accordance with all federal, state, and local statues, regulations, ordinances, rules, and governmental orders. The Contractor will be solely and completely responsible for the conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. Inspection of the Contractor's performance by the City, its agents, or employees is not intended to include review of the adequacy of the Contractor's safety measures in or near the job site. B-4.03 Notification of Affected Residents/Businesses — The Contractor shall be responsible for distribution of the general information letter of the project to all affected residents and businesses. A project general information letter and sufficient copies thereof will be prepared by City staff for Contractor distribution to all residents, business establishments, and institutions fronting on or directly affected by the project. The Contractor shall be responsible for distribution of said letter in handout form to all the appropriate residences and buildings in the subject area. Distribution shall be accomplished in a manner acceptable to the City Engineer and shall be five (5) working days prior to the beginning of construction operations in the immediate vicinity. In addition to the above, the Contractor shall be fully responsible for such other notifications as may be required related to necessary closures of streets, alleys,driveways,etc.,or to unavoidable access or parking restrictions. These notifications shall apply where the closures and access or parking restrictions required in the performance of any work under this contract preclude any resident, tenant, or property owner from utilizing the premises or conducting business thereon in a reasonable and customary manner. Additional notification to the affected businesses and residents shall be prepared by the City and distributed by the Contractor for roadway and driveway closures five(5)working days in advance of any construction work.No removal or excavation work is allowed until the additional notification has been distributed to the affected residents and businesses. If a Contractor is unable to adhere to his schedule as indicated on his written notification, then all the affected residents and places of business shall be re-notified of the revised schedule, in writing,as indicated above. Contractor costs for all of the above notifications shall be considered as included in the appropriate items of the Bidder's Proposal. B-5.01 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-6.01 Construction Order of Work — Work shall be scheduled so as to lessen the impact upon City operations. Requirements—General: 1. All construction shall conform to Sections 6-1 and 6-2 of the latest edition of the Standard Specifications for Public Works Construction and shall proceed in a smooth, efficient, timely and continuous manner. As such, once construction is started in a work area,the Contractor will be required to work continuously in that work area until construction has been completed and the work area is open FD-0152 Page 3 of 11 and accessible to 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 the Fire Station,unless the Contractor has obtained the approval of the City Engineer to close such access. 4.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. B-7.01 Character of Workers—If any subcontractor or person employed by the Contractor shall appear to the City Engineer to be incompetent, intemperate, troublesome, or acts in a disorderly or otherwise objectionable manner, he shall be immediately discharge from the project on the requisition of the City Engineer,and such person shall not be reemployed on the work.If said individual has an ownership interest in the contracting entity, the City Engineer will serve written notice upon the Contractor and the Surety providing the faithful performance bond, in accordance with Section 6-4, "Default by Contractor," of the Standard Specifications, demanding complete and satisfactory compliance with the Contract. B-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-9.01 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-10.01 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-11.01 Cleaning of Site During Construction—During construction,all existing improvements adjacent to the proposed office renovation site shall be cleaned of all dirt or debris on a daily basis. B-12.01 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. All existing improvements adjacent to the proposed office renovation site shall be cleaned of all dirt or debris. 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. FD-0152 Page 4 of 11 B-13.01 Sanitary Facilities—The Contractor shall furnish and maintain sanitary facilities by the worksites for the entire construction period. The costs for this shall be incorporated in the most closely related bid item and no extra compensation will be paid to the contractor. B-14.01 Best Management Practices (BMP) — The Contractor shall submit a copy of their Best Management Practices(BMP's)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(BMP)"are considered to be Best Management Practices.The Contractor shall implement and maintain such BMPs 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-15.01 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-16.01 Permits—The Contractor shall obtain any and all applicable permits from the City of Vernon's Building Department. DETAILED REQUIREMENTS AND SPECIFICATIONS B-17.01 Vendor Pre-Oualification Requirements: 1. The training facility vendor must actively operate a fabrication facility which is specifically intended for the manufacture of Urban Search&Rescue,Hazardous Material,and live-fire training structures and props. The intent of this specification is for the selected vendor to self-perform all fabrication activities in-house as much as practicably possible. 2. The training facility vendor must provide evidence of past performance showing capability to construct a similar structure. The intent of this specification is to ensure that the vendor is actively fabricating Urban Search & Rescue, Hazardous Material, and live-fire containerized training structures and props of similar complexity. 3. The training facility vendor must have a registered professional engineer on staff. The intent of this specification is to ensure that the selected vendor has the technical ability to prepare engineered drawings and calculations to obtain building permits and any other permits including air quality permits for the training center. All costs for engineering should be included in this bid. The vendor FD-0152 Page 5 of 11 will be required to obtain a permit from the Vernon building department for the training center.All City fees for permits will be waived. The grading and utility plans for the site will be prepared by a separate engineering firm retained by the City. The vendors engineering staff shall assist and coordinate with the City of Vernon's engineer by providing all necessary information in regards to termination points for utilities,utility system needs,loads and other information required to prepare the grading plan,utility plans and environmental document. 4. The training facility vendor must provide evidence that in-house fabricators have been appropriately certified to perform the necessary welding requirements.All products and equipment used shall be listed by UL or have 3`d party certification showing that the equipment meets building code requirements. The intent of this specification is to ensure that the selected vendor will produce a high quality product to the appropriate standards. 5. The manufacturer of the mobile training facility bid shall have in operation a facility adequate and devoted to the manufacture of the mobile facility herein specified. The intent of this specification is to ensure as much of a single source responsibility as possible for the mobile facility proposed by the bidder. The bidder shall be responsible for the quality and warrant components and parts. 6. The bidder shall disclose any pending or anticipated litigation between the bidder and any other party or parties that might affect this award,to include previous purchasers of like mobile facilities proposed to be built by the bidder. 7. The successful vendor shall provide a one (1) year warranty on the entire mobile facility, which covers defective parts and or components of its manufacture or purchase, the improper choice of materials, parts and or components, improper design or engineering and poor or improper workmanship or quality control techniques.This warranty shall cover the complete mobile facility and shall include any and all costs for labor and parts or materials that are required to correct any and all deficiencies at the final delivery point of the mobile facility. Vendor is responsible for all expenses of travel, lodging, food, transportation, tools and or equipment to correct such deficiencies. A sample of this warranty shall be submitted with the bidder's bid. Warranties shall begin at the acceptance of the mobile facility by the City of Vernon. B-17.02 Training Facility General Requirements: The training facility shall be a three(3) story structure and be constructed from thirteen(13) 8ft wide x 8.5ft tall x 40ft long International Organization for Standardization(ISO) freight containers ,to include Urban Search&Rescue and integrated Hazardous Material live fire burn, spill, leak, and vapor release mitigation props. 1. Vendor shall provide a pictorial representation of their training facility solution at time of proposal that substantially satisfies the below noted specification requirements. 2. The training structure shall be in compliance with NFPA 1402 "Guide to Building Fire Service Training Centers 2012 Edition". 3. The selected vendor shall prepare layout drawings and coordinate a design review meeting to finalize the facility configuration/layout upon project award. 4. The selected vendor shall assist City of Vernon's engineering and/or contractor to ensure that the site is properly prepared and ready to receive the training facility prior to delivery. FD-0152 Page 6 of 11 5. The selected vendor shall include an all-expense paid inspection trip with their proposal. The(1) day trip will allow(4)Vernon Team members to inspect their training facility during the fabrication phase prior to delivery. 6. The training facility shall be delivered within 180 days upon project award and drawing approval. 7. The facility shall provide multiple areas specifically intended for Live-Fire Training purposes. 8. The selected vendor shall be responsible for the coordination and placement of the mobile facility to include all manpower and equipment needed to complete the task. 9. The exterior finish will be of a quality DTM(direct to metal)industrial coating. A one or two color scheme shall be decided at the Pre-Build Conference. 10. The mobile facility will include two (2) exterior mounted signs affixed to both units (2 signs total) with Fire Department name and graphics. Locations and exact lettering and graphics shall be decided during the Pre-Build Conference. 11. Vendor proposals shall include costs associated with delivery and on-site installation/assembly at Vernon's prepared site.The selected vendor shall be responsible for the coordination and placement of the mobile facility to include all manpower and equipment needed to complete the task. 12. Awarded Vendor shall include a (3) three day "Train the Trainer Course" for up to 12 students within two weeks of training facility delivery. Course shall be conducted on-site by a certified fire Instructor(CFI). 13. The training facility shall contain a warranty for a period of (1) one year for workmanship & materials starting from the date of delivery. 14. Vendor shall include an electronic version of the Training Facility Operations and Maintenance Manual upon delivery. 15. Full payment will be made when the mobile facility is received, inspected, and found to comply with procurement specifications, free of damage and properly invoiced. All invoices shall bear the City of Vernon purchase order number. Payment will be made in accordance with the terms negotiated between the City of Vernon and the selected vendor. 16. The vendor shall have on staff American Welding Society (AWS) certified welders. All welding required in the construction of the mobile facility shall be done by AWS certified welders. 17. The vendor shall have in place a welding inspection program to inspect the modular body welds for compliance to the American Welding Society ANSFAWS D1.1, Structural Welding Code. All welding required for the construction of this mobile facility shall be inspected and certified by a certified American Welding Society welding inspector. This certification must be for the mobile facility body purchased by the City of Vernon. The bidder shall certify with the bid submittal how long such an inspection program has been in place at their company. FD-0152 Page 7 of 11 18. All container units shall be constructed of corrugated steel with a continuous weld to the structural components. The undercarriage will be constructed of 5.75" x .125" channel with a weather resistant coating. 19. All exterior access points shall be provided with elevated platforms and access stairs constructed of galvanized structural steel. Platforms active work surfaces shall be constructed from galvanized 19-W-4-1"X 1/8"bar grating to provide a non-slip surface. 20. These mobile units shall be designed to be deployed adjacent to each other.By the use of galvanized 19-W-4-1" x 1/8"bar grating at the roof surfaces on the first and second stories and adjoined by cat walks to provide for non-slip active working surfaces at each level. 21. All non-slip active roof and elevated platform working surfaces shall contain galvanized structural steel safety railings and toe-kicks. Railings and toe-kicks shall be in compliance with OSHA requirements. Railing shall be constructed from tube steel and with an on-center post spacing of 4' or less. 22. There shall be a high-rise type fixed exterior galvanized structural steel stairway with galvanized bar grating landings at each floor level and rooftop. 23. A standpipe shall be installed. A Siamese FDC (fire department connection at ground level) shall be mounted with stand pipe connections(with gate valves)provided at each landing/story and roof level of the exterior stairway. All threads will be of NST(National Standard Thread). 24. All windows, fire doors and hatches to be installed shall have interior locking pins.All cargo doors will have exterior locking mechanisms which will require a padlock. All windows, doors and hatches will open to the exterior. 25. All doors shall be constructed of steel tube framed and reinforced steel and be non-latching. The fire doors have a training closure system. The training closure system shall be designed to keep the door shut during training operations and open by a pull (from the exterior) or push (from the interior) easily opening or closing the door. Heavy duty steel hinges with zircon fittings shall be used. All doors shall open to the exterior. 26. The mobile facility shall be provided with a proper electrical Service and Distribution System installation in accordance with NFPA 70 the National Electrical Code and shall be provided to control and service all electrical components. 27. This system shall automatically exhaust heat and smoke when the maximum allowable temperature of 1100 degrees Fahrenheit in the burn chamber is reached in accordance with NFPA 1403. 28. This system shall be a mechanical forced air system capable of exhausting the burn chamber in one (1)minute. 29. Automatic system activations shall be accomplished by interlocking thermo coupler or temperature monitoring system(listed below). FD-0152 Page 8 of 11 30. This System shall have a remote manual activation by switch that shall be installed for instructor use and space evacuation between training evolutions. 31. Temperature Monitoring System shall be provided. This system shall have a (4) zone interior electronic Temperature Monitoring System that will read the ambient air temperature. (1) sensor will be placed within the ceiling level of the Burn Rooms, and (1) sensor will be placed at floor level of the container in each burn room. B-17.03 Training Facility Specifications: 1. The training facility shall include (3) LPG Fueled burn rooms. A total of Five (5) LPG Fueled Props shall be provided and used within the(3)burns rooms. Props will be fabricated to emulate various HAZMAT and USAR training scenarios. 2. The training facility burn rooms shall be constructed as an enclosed fully insulated steel frame secondary structure inserted within the container and designed specifically for repeated live—fire training. 3. The training facility LPG System shall initiate gas flow, gas flow rate(flame height and intensity), and flame termination from remotely located control panels. Control panels shall consist of a simple to use and expandable series of toggle switches to provide safe burn prop operation. The operating condition of each of the switches shall be visually indicated by lamps. A guarded emergency gas off(EGO) button shall be positioned at each of the props in locations defined by the purchaser and an additional EGO button shall be provided at the system control panel. A temperature monitoring system,gas detection system,and mechanically assisted ventilation system shall be included and interlocked with the gas delivery system. The LPG system must be tested and certified by a Nationally Recognized (third-party) Testing Laboratory(NRTL) as required by NFPA 1402 Guide to Building Fire Service Training Centers. 4. If one or more of the EGO buttons is pressed the electrical power shall be disconnected from the entire system, all flame shall be extinguished and all gas flow shall be terminated. 5. A keyed MAIN POWER switch shall be located at the control panel and function to connect and disconnect electrical power to the EGO and gas control electrical circuits.The ON condition of the MAIN POWER switch shall be indicated by an illuminated lamp. 5. A gas on toggle switch and indicator lamp shall be installed to control the main gas. 7. A FLAME INTENSITY potentiometer with knob shall be installed for each prop in the control panel. The FLAME INTENSITY control shall be used to adjust the gas flow rate and associated flame intensity. 8. A SYSTEM LOCKOUT indicator lamp shall be installed in the control panel. The indicator lamp shall be activated to alert the operator to a system lockout condition. 9. Three toggle switches and three indicator lamps shall be provided for all props. Each prop's toggle switches and lights shall provide the same function. FD-0152 Page 9 of 11 10. Each of the aforementioned switches/lamps shall be labeled clearly with respect to its design function. Labeling shall be of weather resistant materials and application. 11. Automatic system activations shall be accomplished by interlocking with the LP delivery system. 12. Activate an external alarm when the level exceeds 25 percent of the lower explosive level(LEL). 13. The training facility shall include an interior and exterior electrical system. The interior electrical system shall consist of(3) shatter proof 150 Watt lights and (2) receptacles/switches within each non live-fire container unit. The exterior electrical system shall consist of (6) 400 watt pole mounted halogen lights and (1) exterior mounted electrical load center for interconnection to the on-site electrical service. 14. Include(2)pitched roof props for vertical ventilation and USAR training purposes. 15. Include multiple points of egress via personnel doors and include windows for differing HAZMAT and USAR training scenarios(forced entry,breaching, cutting, etc.). 16. Include interior and exterior stairs to support various HAZMAT&USAR training scenarios. 17. Include a reconfigurable pivoting wall system for USAR training purposes. The pivoting wall system shall allow the interior floor space to be reconfigured to support various arrangements.The wall system shall be of steel construction and simple to reconfigure. Various wall types shall be included(solid full-height, low opening, upper opening)along with ramp and entanglement props designed to be used in conjunction with the various wall types. 18. Include a breach wall prop to emulate wood framed construction for USAR training purposes. 19. Include a synthetic smoke generating and distribution system for HAZMAT & USAR training purposes. 20. Include a balcony structure for HAZMAT&USAR training purposes. 21. Include a forced entry door system requiring the use of a halligan, sledge, and/or cutting tools for USAR training purposes. 22. Include a steel panel cutting prop and variable angle rebar cutting prop for HAZMAT & USAR training purposes. 23. During the pre-build conference eight(8)additional anchor point locations for rope attachment will be identified. Two (2) of these anchors shall be provided at the second story roof ventilation prop for fall protection. Anchors shall be in compliance with applicable OSHA and NFPA standards. 24. Include rooftops containing steel galvanized bar grating and guard railing system. 25. Include a shoring prop for HAZMAT&USAR training purposes. 26. Include confined space tubes for HAZMAT&USAR training purposes. FD-0152 Page 10 of 11 27. The electrical system design and gas system design shall meet or exceed the requirements of the following codes and standards: • Applicable D.O.T. Standards • National Fire Protection NFP A 54-National Fuel Gas Code • NFP A 58 -Liquefied Petroleum Gas Code • NFPA 70 -National Electric Code(NEC) • NFP A 86 -Standards for Ovens and Furnaces • NFPA 1402 -Guide to Building Fire Service Training Centers • NFP A 1403 -Standard on Live Fire Training Evolutions • UL 508 -Standard for Industrial Control Panels • AWS -Welding Standards 28. All equipment shall be installed and adjusted as instructed by the equipment manufacturer. 29. Two (2) copies of the Owner's and User's Manuals shall be provided that include all of the necessary information for the operation, maintenance and repair of the specified gas delivery and control system. One shall be provided in hard copy and one shall be delivered in digital copy. The manuals shall include,but not limited to: • Operations overview • Safety warnings • Start-up and shutdown procedures • Recovery from lockout status • Trouble shooting procedures • Maintenance 30. Prior to delivery to the City of Vernon the manufacturer shall clean and detail the finished mobile facility. The exterior of the mobile facility shall be hot water, pressure washed to remove any dirt that might scratch the paint during delivery.All metal filing or blasting media should be thoroughly cleaned and removed from all interior and exterior sections of the Mobile Facility. 31. Construction processes and techniques shall be in accordance with the accepted standards of the industry. Component parts and units shall be manufactured to definite standard dimensions with proper fits, clearances, and uniformity. The general appearance of the Mobile Facility shall not show any evidence of poor workmanship. Parts, equipment, and assemblies, which have been repaired or modified to overcome any deficiency, shall not be furnished without the written approval of the Fire Chief. 32. In addition, any deviation from the requirements of this specification, unless previously approved by the Fire Chief, that affect finish, fit, function, durability, reliability, safety, performance or appearance shall be cause for rejection. Compliant: 33. The Bidder may use his own or any other facilities suitable for the pre-delivery and acceptance inspections unless disapproved by this agency. FD-0152 Page 11 of 11 EXHIBIT C LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than$10.30 per hour with health benefits, or$11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave,vacation,or personal necessity,and an additional ten days a year of uncompensated time for sick leave, No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employers compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay,treble damages for willful violations,and attorney's fees,or to compel City officials to terminate the service contract of violating employers. EXHIBIT D EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor certifies and represents that,during the performance of this Agreement, 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. 13_ 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. 1 ' l i AIA Document A310' — 2010 Bid Bond 1 CONTRACTOR: SURETY: (Nante, legal staves and address) (Name, legal status and principal place urbusiness) Kirila Fire FrainiiiY Facilities, laic Lexon Insurance Company PO Box 2 12890 Lebanon Road Brookfield,OH 44403 Mt.Juliet,TN 37122 OWNER: This document has important (Name, legal status and address) legal consequences I City of Vernon.Fire Department Consultation with an attorney 4305 Santa Fe Avenue is encouraged with respect to Vernon,CA 90058 its completion or modification � Any singular reference to BOND AMOUNT:S Ten Percent(10%)of Total Bid Contractor,Surely,owner or other party shall be considered 1 PROJECT: plural where appricabie (yVame, location or address, and Project member, if any) y I Fire Department Training Facility Contractor f 1 The Contractor and Surety are bound to the Owner in the amount set forth above,for the 1 payment of which the Contractor and Surety bind themselves,their heirs,executors, administrators,successors and assigns,jointly and severally,as provided herein.The l conditions of this Bond are such that if the Owner accepts the bid of the Contractor within 1 die time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the I Owner in accordance with the terms of such bid.and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof:or(2)pays to the Owner the difference,not to exceed the amount of this Bond. between the amount specified in said bid and such larger amount for which die Owner may in good faith contract with another party to perform the work covered by said bid, t then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shal I not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hereft•om and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so AIA Document A310-—2010.Copyright m 1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA" Ins[. Document is protected by U.S Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA''' Document,or any portion or It,may result in severe civil and crlminai penalties,and will be prosecuted to the maximum extent possible under the law.This document a was produced by AIA software at 14:35:09 on 0 3/1 712 0 1 5 under Order No 5276837323_1 which expires on 02/1512016.and Is not for resale, User Notes: (1398295668) furnished. the intent is that this Bond shall be construed as a statutory bond and not as a common law bond Signed and sealed this 191I' day of March .201 S Kirila Fire Training Facilities.Inc- _ (Coneraf'ra+•1rs Principal) (5ecli) (Ffitness iris) Lexon Insutttnce Company t !Sr/ ct7) (Sarrll ' (vdn-ess) rrrrle) 1 Sandy Morris, imess Cathy Vansovich Attornev-in-Fact 1 1 1 ) 1 ) ) 1 1 1 l AIA Document A310-—2010.Copyright®1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA' 1 init Document Is protected by U-3.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any 2 J portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:35:09 on 0 311 7/20 1 5 under Order No.5276837323_1 which expires on 02/1512016,and is not for resale User Notes: (1398295668) <J . 1 POWER OF ATTORNEY LX - 065230 L Lexon Insurance Company 1 i KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky,does hereby constitute and appoint: Cathy Vansovich, Suzanne M. Rozek, Denise Nelson, ** — Julieann Johnston, Carole A. Skelly, Ryan Burke its true and lawful Attorney(s)-In-Fact to make, execute,seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. i This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1 st day of July,2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed$ 5,000,0o0.00 Fivemillion dollars'+*+++*+*"++++•+++++++•.+++++••+•+••••++•++•+•••+•+•••+•++•* dollars, which the Company might execute through its duly elected officers,and affix the seal of the Company thereto.Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. f Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary,and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 21 st day of September,2009. LEXON INSURANCE COMPANY ONSA 0 °�'s y ZBY_� David E.Campbell ' President ACKNOWLEDGEMENT On this 21st day of September, 2009, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" I MAL-REEN K.AYE - Notary Public,State of Illinois My Commission Expires 09/21/13 Maureen K.Aye I CERTIFICATE Notary Public I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY,A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Woodridge, Illinois this 1_9th _. Day of March 20 15 C' C3 O TEXAS b IfJSURA!rCE � j COMPANY •..,•....•..•r• Philip G.Lauer Assistant Secretary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person,files an application for Insurance or statement of claim containing any materially false information,or conceals for the purpose of misleading,Information concerning any fact materi- al thereto,commits a fraudulent insurance act,which is a crime and subjects such person to criminal and civil penalties." March 2015 A alp Kirila Fire Training Facilities,Inc. Page 8 of 41 City of Vernon 'r Fire Department Training Facility Contractor �►F(no, 0 SUBCONTRACTOR LISTING/SHORING DESIGN: BP-(b) APPENDIX"A" Forms lobe Completed by Bidder SUBCONTRACTOR LISTING SUBCONTRACTOR LISTING Contractor Name(s) Address License No. Description of Work None SHORING DESIGN [f shoring is required as part of this project,then the Civil or Structural Engineer who design this shoring is to be listed below,even if said Engineer is employed by the Contractor. If no shoring is required,write"NONE". Engineer Names(s) Address License No. Description of Work None BP-(b) �1A March 2013 rr� Kirila Fire Training Facilities,Inc. Page 30 of 41 City of Vernon Fire Department Training Facility Contractor of Fula GRAND TOTALS 747,777 The undersigned Bidder agrees to conunence work within fifteen(15)calendar days from the date issuance of a Notice to Proceed and proposes and agrees to have all work completed within 180(one-hundred-eighty)calendar days of the contract time commences. The undersigned Bidder acknowledges receipt of the following addenda issued for the above project.If no addenda have been received,write"none".FAILURE TO ACKNOWLEDGE RECEIPT OF ANY ADDENDA ISSUED WILL RENDER THE CONTACTOR'S BID NON-RESPONSIVE. List of addenda Received: Addendum Nn- 1 PLEASE SEE PART l SECTION 2.01.3 REQUIRED FORMS. Bidder shall execute the following(Appendix"A"): EM 1.Identity Confirmation BP-(a) 2.Subcontractor Listing/Shoring Design BP-(b) 3.Affidavit of Non-Colhuion BP-(c) 4.Living Wage Compliance Certification BP-(d) 5.Certificate of Equal Opportunity Practices 1'ORMS AA-1,2,3 The Bidder declares that neither he/she nor any member of his/her firm or comoration is an officer or an employee of the City of Vernon. Bidder's Proposal Respectfully Submitted, (If a Bidder is a corporation, by — its seal must be impressed hereon) uthoriaed Signatory California State Contractor's License No. Not Applicable per Addendum No. 1 California Corporation No. _ ..___ SP-3 A F� March 2015 Kirila Fire Training Facilities,Inc. Page 5 of 41 City of Vernon Fire Department Training Facility Contractor AFRO Identity Confirmation: BP-(a) APPENDIX"A"-Forms to be Completed by Bidder IDENTITY CONFIRMATION Contractor's Name Kirila Fire Training Facilities,Inc. Office Address 509 Bedford Rd.Brookfield,OH 44403 If an individual,so state If a partnership,corporation or firm,so state,giving the names and addresses of individuals constituting the organization. If a corporation,give the following information: Name of President Terry Kirila Name of Secretary ferry Kirila Organized under the laws of the State of Ohio Name and address of local representative N/A _ Telephone: Fax: (Here attach a certificate in form to confirm 1)the identity of the bidder or officer who signs above,2)the fact that he is the officer named,and 3)his authority to bind the bidder). BP-(a) March 2015 A � Klrila Fire Training Facilities,Inc. Page 9 of 41 City of Vernon s 4• Fire Department Training Facility Contractor brrrtte. AFFIDAVIT OF NON-COLLUSION: BP-(C) APPENDIX"A"- Forms to be Completed by Bidder AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNLk ) ) ss COUNTY OF 1.OS ANGELES ) Jerry Kirila being first duly sworn deposes and says that he/she is President tlmad'sok 0—r.Tot"r.TOW&W I_gwMWY'..odor PRW'ulkl „F Kirda Fire Trainuig Facilities,Inc (twee,�orhiaerl 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; Thal such proposal is genuine and not collusive or sham; That said bidder has nor,directly or indaectly by agreement,communication or conference with anyone altempted in induce action prejudicial to the interest of die City of Vernon,or ol'any other bidder or anyone else interested in the proposed contract;and further That prior to the public opening and reading of proposals,said bidder. AL Did not directly or indirectly,induce or solicit anyone else to submit a false or sham proposal; b. [lid not directly or indirectly,rxillude,conspire,connive or agree w,rh anyone else that said bidder or atiyone else would submit a fa Esc or sham proposal.or That anyone should refrain from bidding or withdraw his proposal; c. Did not,ul any inner.directly or indirectly seek by agteetnenr,communication or conforerice with anyone to raise or fir the proposal prier of said bidder or of anyone else,or to raise or fix any overhead,profit or cost clement of his proposal price,or of that of anyone else; d. Did not,directly or indirectly,submit his proposal price(it any breakdown thcxeof or the coruents thereof,or divulge informal ion or data relative thereto,to any corporation,partnemhspt company association,mganirtion,bid depository,or to any member or agent thereof,or to any individual or group of individuals.except the City of Vemon,or to dry person or persons who hove a partnership or other financial interest with said bidder in his business. I certify under underp7w ofpcliury that the above information is correct By: Date, 311 xoa5 _ BP-(c) 1 _� March 2015 A�� Kirila Fire Training Facilities,Inc. Page 10 of 41 City of Vernon d+°QaliEts•4�`• Fire Department Training Facility Contractor LIVING WAGE COMPLIANCE CERTIFICATION: BP-(d) APPENDIX"A"-Forms to be Completed by Bidder LIVING WAGE COMPLIANCE CERTIFICATION This contract is subject to the City of Vernon's Living Wage Ordinance,Vernon Municipal Code Chapter2 Article XVII[_ The Ordinance requires that contractors providing labor or services to the City under contracts in excess of$25,000: Pay no Icss than ten dollars and thirty cents(510.30)per hour with medical benefits,or ctc:vcn dollars and fifty-five cents(S 11.55)per hour without medical benefits to all employees who spend any of their timc providing labor or delivering services to the City of Vernon.Additionally,in July Ist of each year thereafter the Living Wage rate shall be adjusted by the change in the Fedetal Bureau of Labor Statistics Consumer Price index,for the Los Angeles area,for the most recently available 12 month period. Accordingly,current City contractors will he required io adjust wage rates no later than July I st,to remain in compliance. • Not fy employees who spend any of their time providing tabor or detivering services to the City of Vernon who make less than twelve dollars(S12)per hour of their possible right to the federal Earned Income Tax Credit(E[TC)under§ 32 ofthc Internal Revenue Code of 1954. 26 U.S.C. §32.and making available to such etployees forms required to secure advance EITC payments. The selected contractor will be required to evidence compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract:job classification;rate of pay and benefit rate. Pnivisions of the Living Wage Ordinance may be waived in a bona fide collective bargaining agreement,but only if the waiver is explicitly set forth in clear and unambiguous terms. If this provision applies,you must provide a copy of the collective bargaining agreement to the City. I do hcruby cartify and declare under penalty of perjury that ifawardc:d the contract for which this bidlproposal is made ssrxhd Fir* TrA:ning Fa^111t408, sac will Comply with the tNameorCmnMnyI requirements of the Vernon Living Wage Ordinance,Vernon Muni cipa!Cade Chapter 2 Article XVIII and the rules and regulations promulgated thereunder. [understand that failure to comply with the provisions of the Vernon Living Wage Ordinance may result in termination of the contract as well as other penalties as stated in Vernon Municipal Code Chapter 2 Article XVlll, Jerry Kiriia President (Name) Uide1 r 4- 311312015 (Si urel (Dille) Please return this form with your bid/proposal. Questions concerning the Living Wage Ordinance should be directed to the Department of Finance-Purchasing Division 323.583.8811. B P-(d) March 2015 lA�p Kirila Fire Training Facilities,Inc. Page 11 of 41 City of Vernon •f ��° Fire Department Training Facility Contractor ��rrrr;t:• CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES: FORMS AA-1,2,3 APPENDIX"A" Forms to be Completed by Bidder CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES y Ptrrohasing&Payable Division 4305 Santa Fe AvenueVi;mon,CA 90058 (323)583-8811 Fax(323)826-1433 - . .r.'. Internet: www. tyn}rre._rnon-urSc�arimsniirwoirx, Amick t. ASrdavit of Equal opportunity Employment& Nooaegregatien(Form AA-1) Article II. Vendor Lid Questionnaire(Forms AA-2&3) In order to be plated to the City's vendor list and be eligible to receive City business.you must pruvtda she roiiowing information except where indicated as"optional". By submitting this form you arc declaring under penalty of perjury under the laws of the State of Cal ifomia and the laws of the United States that the ii formasiou is true and correct. Ftethermore, you are certifying that your rtrm will adhere to equal opportunity erttploymcnt practices to assure that applicants and employees are not discriminated against because of their race,religion.color,national origin,ancestry,dtsabxility.sex or age. And.your firm does not and will ito t maintain or provide for its employees any segregated facilities at any of 9s establishments. and that it does rid and will root permit its employees to Perform their serL.ccs at any location,under its control,where segregated facilities are maintained. Name of CompanyKirila Fire Trdiainst Facilities,Inc Business Telephone 724-854-5307 Address PO Box L 509 Bedford Rd Fax number 330-448-6648 (optional) City Brookfield _State_OH_ Zip 44403 -- Contact Person- —_ (optional) Jerry Kirila E-mail Address ferry(optio fire.com nal} Tax ID Number(or Social Security Number) 20-88797 77 Remit Address(if different) Please state clearly and concisely the ryMs)of goods and services your company provides: specializes in the design construction,inspection,modiflcationlre air and maintenance of live fire and tactical trainers world-wide. 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 AA-I FORM A March 2015 �p Kirila Fire Training Facilities,Inc. Page 12 of 41 City of Vernon 448° r(ta°�•a Fire Department Training Facility Contractor APPENDIX-A" -Fors to be Completal by Bidder Protect Worliforct Utlllza"s(Form AA-2) nris form is to be included in all bid documents for projects involving labor or services valued at 525,000 or more Instraetions: Please indicate the job titlesicl-stfwatwnn to be used in the performance of this contract should it be awarded to your fir. Please indicate the number of employees in each job ckssiftcalinn as well as the number of new hits,if my,as a result of this contract. Name of Company._Korila Fier TrainipgFadlitiec Inc Project: Aire i)�nmTraut�C trYrnr Jab Istltxi ClasaiFtca4ioa Estimated number,f asi ing a Wak be cm;Zycd f snmascd number,t'new hires to be inmplayed in this classifi carton if awarded the oontn tct m chi chasm Hcauor if awarded the�:Onhactt Project management 1 . Fnng neers 2 r Blcctriciane Are any current employees or NONE potential new hires Vernon I residents?If so,how AA-2 FORM March 2015 rM Kirila Fire Training Facilities,Inc. Page 13 of 41 City of Vernon Fire Department Training Facility Contractor APPENDIX"A" Forms to be Completed by Bidder C urrcnt P nent"orVorce 1:111tZaT oa I larnt.iA-3 U P rl0N.%Ll Name of coogreny: Kirila Fire rraining Facilities.Inc __Project Firc Drnarlment iraininit Facilit•Contractor_- - Completion of this form is OPTIONAL- Any infamwtion supplied by vendors is for reporting purposes only and will not be factored into Ilre award of any contract. Instr uctlets: Please indicate the ouffdw or mnploym in eacb Job Clasmf Awn beirmYrng to the following groups WNW7ftu an-.grrrvinn '.liupaaic Aaw acilie tilati�e Amsdvae Maio Ftttek [nor of Hispanic [not of Iiispsnic j kiendcr Asrcrrcnn _ 0nqRj--.— . CLAWIFICATIOK Prorcummah _ — —� s 1— Txhmnsnts office cknal 3 — r 1 — I Skillet Cm@ WorW T 1 d Laborers 3 3 Scmce Workers 2 2 TOTAL 28 AA-3 FORW March 2015 •p Kirila Fire Training Facilities,Inc. Page 14 of 41 City of Vernon Fire Department Training Facility Contractor EQUAL OPPORTUNITY CERTIFICATION: 1-21 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment C (THE BIDDER'S E ECU77ON ON 7HE SIGNATURE PORTION OF THIS 310,PROPOS4L SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CEJMFICATIONS WHICH AREA PART OF THIS BIDIPROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder Kirila Fire Training Facilities Inc .-.� proposed subcontractor N/A hereby certifies that he haste_,has not_,participated in a previous contract or subcontract subject to the equal opportunity clauses,as required by Executive Orders 10925,11114,or 11246, and that,where required,he has filed with the Joint Reporting Committee,the Director of the Office of Federal Contract Compliance,a Federal Govemment contracting or administering agency,or the former President's Committee on Equal Employment Opportunity,all reports due under the applicable filling requirements. Note: The above certification is required by ibc Equal F,mpioymcnt Opportunity Regulations of the Secretary of Labor(41 CFR 60-L.7(b)(1)),and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts,which arc subject to the equal opportunity clause. Contracts and subs;mtracts which are cxtxrtpt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of 510,000 or under are exempt) Currently,Standard Form 100(EEO-1)is the only report required by the Executive Orders or their implementing regulations. Proposcd prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not Fled the required reports shi"d note that 41 CFR 60-1.7(b)(1)prevents the award of contracts and suhwntracts uWcu such contractor submits a report covering the delinquent period or such othcr period speeded by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance,U.S.Department of Labor- 1.21 INS 1'RII�.TIIN. r0 afDUkHS March 2015 Kirila Fire Training Facilities,Inc. Page 15 of 41 City of Vernon +�• Fire Department Training Facility Contractor @MFj 2 PUBLIC CONTRACT CODES(STATEMENTS AD QUESTIONNAIRE): 1-22 PUBLIC CONTRACT CODE Public Cbntrnet Cade Section 10162 Questionnaire In conformance with Public Contract Codc Section 10162,the[bidder shall complete,under penalty of perjury,the following questionnaire: Has the bidder,any officer of the bidder,or any employee of the bidder who has a proprietary interest in the bidder,ever been disqualified,removed,or otherwise prevented from bidding on,or completing a federal,state,or local government project because of a violation of law or a safety regulation? Yes_ No X If the answer is yes,explain the circumstances in the following space. ._ INSTRUCTION TO BIDDERS A March 2015 /r�90 Klrila Fire Training Facilities,Inc. Page 16 of 41 City of Vernon Fire Department Training Facility Contractor �"srrrt►► Public Contract Cade Section 10232 Statement In conformance with Public Contract Code Section 10232,the Contractor,hereby states under penalty of perjury,that no more than one final unappealable fording of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questiunnaire arc part of the Bid. Signing thts bid on the signature portion thereof shall also constitute signature of this Statement and[questionnaire. Bidders are cautioned that making a false eertifieation may subject the certifier to criminal prosecution. Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1(Chapter 376,Stats.1985),the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has___,has not } been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud,bribery,collusion,conspiracy,or any other act in violation of any state or Federal antitrust law in connection with the bidding upon,award of or performance of any public works contract,as defined in Public Contract Code Section 1101. with any public entity,as defined in Public Contract Code Section 1100,including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after"has"or"has not"in one of the blank spaces provided. 'Me above Statement is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. I_:, INSINUCHON ronlUl)I•AS � March 2015 Kirila Fire Training Facilities,Inc. Page 17 of 41 rM City of Vernon Fire Department Training Facility Contractor Local Assistance Procedures Manual EXHIBIT 12-L PS&E Checklist Instructions Attachment D NoncoHusion Affidavit (Title 23 United States Code Section I l2 and 1 Public Contract Code Section 7106) To the CITY of VERNON FIRE DEPARTMENT In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of,or on behalf of,any undisclosed person, partnership,company,association,organization,or corporation;that the bid is genuine and not collusive or sham that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid,and has not directly or indirectly colluded,conspired, connived,or agreed with any bidder or anyone else to put in a sham bid,or that anyone shall refrain from bidding;that the bidder has not in any manner,directly or indirectly,sought by agreement,communication,or conference with anyone to 8x the bid price of the bidder or any other bidder,or to fix any overhead,profit,or cost dement of the bid price,or of that of any other bidder,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the bid are true;and,further, that the bidder has not,directly or indirectly,submitted his or her bid price or any breakdown thereof,or the contents thereof,or divulged information or data relative thereto,or paid,and will not pay,any fee to any corporation,partnership,company association,organization,bid depository,or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Bid/Proposal. Signing this BidlProposal on the signature portion thereof shell also constitute signature of this Noncollusion Affidavit.Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. i', INSTRUCT ION TO B(DDMS March 2015 f41 �� Kirila Fire Training Facilities,Inc. Page 18 of 4 City of Vernon Fire Department Training Facility Contractor a+rrlus DEBARMENT AND SUSPENSION CERTIFICATION: 1-25 Local Assistance Procedures Manual EXH1131T 12-F. PSAE Cherklise Instruetious kttACJJkZLent E: DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49,CODE OF FEDERAL REGULATIONS,PART 29 The bidder,under penalty of perjury,certifies that,except as noted below,he/she or any other person associated therewith in the capacity of owner,partner,director,officer,and manager. • Is not currently under suspension,debarment,voluntary exclusion,or determination of ineligibility by any federal agency; • Has not been suspended,debarred,voluntarily excluded or determined ineligible by any federal agency within the past 3 years: • Does not have a proposed debarment pending;and • Has not been indicted,convicted,or had a civil judgment rendered against it by a court of corttpetent jurisdiction in any matter involving fraud or official misconduct within the Past 3 years. If there are any exceptions to this certification,insert the exceptions in the following space. NO EXCEPTIONS Exceptions will not necessarily result in denial of award,but will be considered in determrmng bidder Itsponsibility. For any exception noted above,indicate below to whom it applies, initiating agency,and dates of action. (Votes: Providing false infomiation may result in criminal prosecution or administrative sanctions.The above ecrti Iicntion is part of the Bid/Proposal. Signing this Bid/Proposal on the signature portion thereof shall also constitute signature of this Certification. INSTRUCTION TO BIDDERS Marco 2015 B��p Kirila Fire Training Facilities,Inc. Page 19 of 41 ?` City of Vernon '+g� •' Fire Department Training Facility Contractor lie NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS: 1-26 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment F NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: (1) No federal appropriated funds have been paid or will he paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any fcderak agencyT a Member of Congress,an officer or employee of Congress,or an employee of a lafember of Congress in connection with the awarding ut any federal contract,the making of any federal grant,the making of any federal loan,the entering into or any cooperative agreement,and the extension continuation,renewal, amendment,or modiFcation of any federal contract,grant.loan,or cooperative agreement- (2) 1f any funds other than federal appropriated funds have been paid or will be paid to arty person for influencing or attempting to influence at ❑fTncer or employee of any federal agency.a Member of Congress,an officer Or employee of Congress,or an emptoyee of a Member of Congress in connection with this federal contract,grant,loan,or cooperative agsxsmcni,the undersigned shall complete and submiL Standard Form-LLL'"Disclosure of Lobbying Activities,"in accordance with its instructions. 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.Cade. Any person who fails to file the required certification shnli be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The prospective participant also agrees by submitting his or her bid a proposal that lie or shn shall require that the language of this eerti Fication be included in all lower tier subcontracts, which exceed£100,000 and that all such subreeipierils shall certify and disclose accordingly. t.�;, MTRU(,r)ON TO aIDtCRS March 2015 AC .A�� Kirila Fire Training Facilities,Inc. Page 20 of 41 .i" City of Vernon Fire Department Training Facility Contractor ff110 DISCLOSURE OF LOBBYING ACTIVITIES: 1-27 DISCLOSURE OF LOBBYING ACfivaiES COMPLE I r 141IS FORM TO DISCLOSE•.LOBBYING,.4C'114TTILS PUR L'AN1')Y]31 i.:.S.0 1332 1, 'Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑a.eorttrset FTbidlotfcdappiicolion �a. initial b. grant b. initial award b. nmteriel change L. c'oaperativc agr=k1wnl d. loan For Materiel Change Only: e. loan guarantee year__ yuartcr__----- f. loan insurance date of Iasi sport 4. dame and Address of Reporting Entity 5. If Reporting Entity In No.4 is Submwardee, Enter Name and Address of Prime: Prime Subawardee Tics ,if known Congressional District,if known Congressional District,il'known 6. Federal Deportment/Agency: ?. Federal Program Namegmeription: CFDA Number,if applicable fL Federal Action Number,if known: 9. Award Amount.if known: 10. a. Name and Address of Lobby Eaflty b. Individuals Performing Services(including (If individual,last name,first nano;,MI) address if different fmm No.10a) (last name,first name,MI) (attach Continuation Shcet(s)if necessary) 11. .Amount of Payment(check all that apply) 13. Type of Payment(check all that applyl L actual planned a, rctamr b. ont-sima lee 12. Form of Payment(check all(hot apply): c. con1missian B a. cash of ontttingent fee i h. in-kind; specify: nature c del&md value f. :srhe.r,ipur lfy .- 14. Brief Description of Services Performed or to be performed and Dates)of Service,Including officer(s),employee(s),or member(s)contacted,for Payment Indicated In Item 11: (attach Continuation Shn:ot(s)if necessary) is. Continuation Shaer(s)attached: YesEl No 16. Infwminion rcyastcd duough this fowl is aulhona:md by Title 1 t t.S.C.snit am 1152.This disclosure of tahhymg reliawr SlgRHIMt� .._—...--- was placed Icy the tier about when his lr.1 a 6on was made w 'Titled into rli>disclosure is rcquiral purmni Io 11 U.S.C. print Name: ._erry K.ir;ia I W This infun non will be,grart rl ro Congress samianmwl)y and,riu avaarh[c Fnr p,hti=incpectioa Any President pc .�hiss to fik the Ftqu iced dtsclsw�c ilh nau be winm:t -- —• --—_. --. ra a civd pa u iry or not km than slo,+iA and n„t m m-rhu 724-854-5207 � s 100,11uo car each such failure Telephone No.:---Date:3/13/-O l 5 Authorized for Local Rcprnductiwl Federal Use Only: Standard Form-LLL SVuN�d Fora 1.1-1.Rai 09.12-1 1.27 INSTRUCTION TO BIDDERS Note:There have been no lobbying at:tivites pursant to 31 U.S.C. 1352 March 2015 A f�+ Kirila Fire Training Facilities,Inc. Page 21 of 41 City of Vernon • Fire Department Training Facility Contractor ��ilEtd•� BIDDER'S LIST OF SUBCONTRACTORS (DBE AND NON-DBE): 1-34 I.otat xsla+l1.1-P,ec bu r %nal Exhibit l2-B 81dd,r',1. 1 01 YI,b. .k1 WI i,WU'I'd Vun•DHF.0 EXHIBIT 12-B BIDDER'S LIST OF SUBCONTRACTORS(DBE AND PION-DBE) PART 1 The bidder dull tin ail mbcotmacmrs(both DBE®d non-DBE)m accmdowe with Selina 2-1.054 of me Smmlwd SpaiGeanorm mW per Title 49,Sw wn 26 It of dw Cmk of r-ederd Regulrtmn This linm6 w regdved m addition m lining DBE Subconirmtm elsewhere m the propoad. P11 olacary'this hrem it addRwad Brms. Flro Namn ad ------- 1—d Mae i r �a011 Irrpx4 Descripticrm of Porlba d Wsrk la he Perfermad AddreW Farr - P—Pr. ecer~Do&-1 City 5mle,7dr '6wrrr !Phl t 51 milhvs L, F� ph-1 K SS mlBioa _ �"" -Addrra„ <SIQmRtiae nla 5 ur.BE ' LIr1�.Snlrr.GP s Si s w7im +rc:x Fqm I r x) r asllli411 ) r - <110 MAM M rB av w t Faor Slsmmiau ClnSwmliP ._- _ r$13mllinn w�•dFant�sz, v ar Plmar wi l F5 _ th �g nua. �f14 mtMla� fYit3 it Aff a oz +Sls pio{oa C[nSaero7Jr. .�—_ �S15mtlktn 4�e[Kxmtl,.t .+iu.rr Pia,ar �it Y1 Its stilt ar 5I0 million dfErr Ds!r Fn 'MYsaw UP NOTB:Kirila Fire Training Facilities, Inc. does not intend on employing any subcontractors For this protect morn.am Ilabr tner Al—y File Pxgc{or 2 D1.A-OB I3-06 AI.Gaq 12.?All March 2015 �A�A�p Kirila Fire Training Facilities,Inc. Page 22 of 41 City of Vernon �•� �9e Fire Department Training Facility Contractor knit%• LOCAL AGENCY BIDDER DBE COMMITMENT-CONSTRUCTION CONTRACT: 1-36 EXHIBIT 1 S-G LOCAL AGENCI'BwDcR DBE CONIMI7'MEN'I'(CONS'l'RL1C'I'LON CONTRACTS) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM LOCAL AGENCY IOCAMN: .. PROJECT DESCRB'I'ION: rOTAL CONTRACT A&KRNr.f BIDDATE: —. -- - ------ - BIDDER'S NAME ... -.� CONTRACT DBE GOAL: CONTRACT TEMI OF WORK AND DESCRIPTION BE CERT WO NAMF OF EACH DBE DOU.AR AMOIJWT ITENI NO. Xt SERVICES TO BE ND EXPIRATION (Must be catiried on the date bid E VBCONIRACTM OR MATERLUS DATE ow opened-include DBE uddam BE PROVIDED for c,odwW i f the god pica number) s a DBE) For Local Agency to Complete: idJ ClritauA DOE li Local Agency Csintract Number _ P&I'limpos°° FcdcW-aid ProjectNomher: Fuderal Share: Cuninect Awed Date ._- local Agency tenting,do d DBEcenifieaioos hoer here reified atd Signalttre vFBiddtl - ----- - ioronnution is compkte and aecaraw Date (Are*rode)Tel Nn Pool Name ---- Sigcalute _--- Date Loral Agency Rgnconsutive Perm to Cam tat (Plemac Type or Print) t Afro code Tdcphorc hwmh I. al Aoesy OWder DBE ComeAmot lt:gatnstlea Corrwen) (Rev DintrnwtW: (I)Original-Local agency riks NOTE: Because this project has a limited amount of work on site, a limited amount of DBE contractors were avAislable for applicable tuJcrlxr�oi4D'o�Rs companies were contacted to perform these tasks however A. Could not perform B. Did not meet DBE regulations C. Not interested in the project. See attached Phone Quote Data �A March 2015 a ��•p Kirila Fire Training Facilities,Inc. Page 23 of 41 i� City of Vernon Fire Department Training Facility Contractor DBE INFORMATION- GOOD FAITH EFFORTS: 1-41 EXHIBIT 15-H DBE INFORMATION—GOOD FAITH EFFORTS DBE INFORMATION-GOOD FAITH EFFORTS Federal-aid Pm ect No. ___ HS[P-5139(0121__ __- Bid Opening Date_19MAR15 — i The_- City of Vernon _established a Disadvantaged Business Enterprise(DBE)goal of 00 for this project The information provided herein shows that a good faith effort was made. Lowest,second iawest and third lowest bidders&hall submit the followitg intertnation to document adequate bex)d faith efforls-Bidders slxzuld submit the following information even if the"Lxal Agency Bidder DBE Commitmou"form indicates that the bidder has met the D13E goal.This will protect the bidder';rligihility for award of the contract if the administering agimey determines that the bidder failed to meet the goal for various reasons,a-g..a DBE firm was not certified at hid opening,or[lie bidder made a mathematical error- Submittal of only the"Local Agency Bidder DBE Commitment"form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled"Submission of DBE Commitment"of the Special Provisions: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder(please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested(please attach copies of solicitations,telephone records,fax confirmations,etc.): I Names of DBEs Solicited Date of Initial Follow Up Methods and Dates Solicitation SEE ATTACHED PHONE QUOTE DATA 0110 March 2015 Kirila Fire Training Facilities,Inc. Page 24 of 41 City of Vernon Fire Department Training Facility Contractor LAH1511 1�H Local Assistance Procedures Manual C. The items of work which the bidder made available to DBE firms including,where appropriate, any breaking down of the contract work items(including those items normally performed by the bidder with its own forces)into economically feasible units to facilitate DBE participation.It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Bidder Normally Breakdown of Amount Percentage Performs Item Items (S) Of y/N Contract �Aacci r. Y Ironwork $42,000 +/-6% welding $8,Q00 D. The names,addresses and phone numbers of rejected DBE firms,the reasons for the bidder's rejection of the DBEs,the firms selected for that work(please attach copies of quotes from the firms involved),and the price difference for each DBE if the selected firm is not a DBE: Names,addresses and phone numbers of rejected DBEs and the reasons for the bidders rejection of the DBEs: Names,addresses and phone numbers of firms selected for the work above: E Efforts made to assist interested DBEs in obtaining bonding,lines of creditor insurance,and any technical assistance or information related to the plans,specifications and requirements for the work which was provided to DBEs: SEE ATTACHED PHONE QUOTE DATA INS MUM ION 1`0 BIDDERS Page 15-4 June 29,2012 OB 12-04 0A F March 2015 p Kirila Fire Training Facilities,Inc. Page 25 of 41 City of Vernon s `�.+ Fire Department Training Facility Contractor as f Efforts made to assist interested DBEs in obtaining necessary equipment,supplies,materials or related assistance or services,excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies,organizations or groups contacted to provide assistance in contacting, rec,Tuiting and using DBE firms(please attach copies of requests to agencies and any responses received,i.e.,lists,Internet page download,etc.): Name of, en�r'Ure?n:rrtion NILlhnd Dait of C oat, Result, 11. Any additional data to support a demonstration of good faith etTorts (use additional sheets if necessary): **See attached sheets ..yl, INSTRUCTION TO BIDDERS �A March 2015 Kirila Fire Training Facilities,Inc. Page 26 of 41 City of Vernon Fire Department Training Facility Contractor ►i 4nu FRe TI—I Owft ea,Im Y• PO L W9 Ie t,Atl- �" M9pkAab ON AAW 3 .� www yirilePoa.toA Selep�"QaladM bo I4Mf 6h[Nllerela Yirk n+rv-,r.M�Tiarx� rslhFl Canketlloi■Id AerlU Eamp ny Nam rpner.Oer AM Tim ow?TIN Atli— Mow N—kr Cw"d penes ON&W Yarn ter 0ed"M 2$1 N Veptva Are OSTTr ks L cr 3llel1015 apre v r0 am 237 WopRa. Ks-"3-41"j Ap1Yn wMav DK140 GdQVAphWal Waon afthe Ob CA SAM 31UPO1S 12 HpM 17"FM"way. AA Slow Ibrwla- 1.1Jpe Y Lm Anwtrs.CA &U-M> 37W Sews bm OKI.a [a+W^v ml u�IQeIeW m nun[the q'o<d�.arr neetlen VMS IlnahleAmr•meon LMb"fin Seeel- ►laken WS man► T is An�elb,CA W-Ir.lim 9=1 A March 201D Kirila Fire Training Facilities, Inc. Page 27 of 41 City of Vernon ''A �+@ Fire Department Training Facility Contractor °°+fltt*•� DATA UNIVERSAL NUMBERING SYSTEM (D-U-N-S) NUMBER: 1-49 arY OF VERNON DATA UNIVERSAL NUMBERING SYSTEM (D-U-N-S)NUMBER Submit this Form with Lbe Exccuted Contract.If you rail to submit your it]-if-N-S Number.die f Dcpartr u will not approve the contract CONTRACT NUMBER: TBD By City of Vernon CONTRACTOR NAME: Kirial Fire Training Facilities,Inc _ BUSINESS ADDRESS(D-U-1-S Number Location): STREET: PO Box 2,509 Bedford Rd CITY: Brookfield STATE: Ohio — ZIP CODE: 44403 D-U-N-S Number: 801392395 Contact Name: jen r - Telephone No: 724-854-5207 149 INSTRUCTION TO BLDDERS 1 1 OF v �D ED RECEIVED REr,IV ant 2015 .., APR 15 """" APR 0 8 2015 CITY CLERK'S0ma STAFF REPORT CITY ADMINISTRATION HUMAN RESOURCES DEPARTMENT DATE: April 21, 2015 TO: Honorable Mayor and City Council FROM: Teresa McAllister, Director of Human Resources RE: ADOPTION OF CITY OF VERNON PERSONNEL POLICY AND PROCEDURE, REFERENCE/BACKGROUND CHECKS I-12 Recommendation It is recommended that the City Council: A. Find that approval of the proposed personnel policy and procedure in this staff report is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. B. Adopt the attached Personnel Policy and Procedure, Reference/Background Check Policy I-12, and incorporate it into the Personnel Policies and Procedures Manual. C. Authorize the City Administrator and the Director of Human Resources to execute and distribute the above-referenced policy to all employees. Background The Human Resources Department is responsible for maintaining and managing the City's Personnel Policies and Procedures. Prior to 2013, a comprehensive review of the Personnel Policies and Procedures had not been conducted in over twenty (20) years. In line with the City's good governance reforms, the City commenced and is continuing its comprehensive review of its policies and procedures, including the incorporation of new policies and programs designed to benefit the City, its employees, and surrounding communities. To ensure a more efficient and effective method in maintaining and managing the City's personnel policies and procedures, the City Council on November 20, 2012, approved Resolution No. 2012-231 that incorporates all personnel policies into the Personnel Policies and Procedures Manual. The manual is designed to provide a uniform and consistent system for human resource administration throughout the City. In addition, the manual will provide employees with greater clarity with respect to personnel policies, and promote effective communication among managers, supervisors, and employees. As such, on March 19, 2015, City staff has presented the below policy and procedure to the department heads for review and to receive comment regarding the adoption of such policy and procedure. In accordance with the Meyers-Milias Brown Act, the attached policy does not have an impact on employees' wages, hours, or working conditions and therefore is not subject to a mandatory meet and confer with the labor organizations. As of March 30, 2015, City staff received no recommended revisions from the department heads, and the following updated policy is hereby presented to the City Council for consideration and adoption into the Personnel Policies and Procedures Manual: 1. Reference/Background Check Policy I-12 (new) Budget Impact• There is no budget impact. 01 V City of Vernon, California '*40, Human Resources Policies and Procedures Director of Human Resources LY IVi City Administrator Number: 1-12 Effective Date.- SUBJECT: REFERENCE/BACKGROUND CHECKS PURPOSE: To establish guidelines for pre-employment reference checks of potential new hires and promotions, and for the release of personal or reference information to other employers regarding current or former employees while complying with all applicable disclosure and privacy laws. Please refer to Human Resources Policy 1-13, Criminal History/Live Scan Policy regarding the policy and procedures for conducting criminal background checks. POLICY: 1 . Verifying information & Obtaining References - The City of Vernon is responsible for confirming# information provided by applicants in their employment application. Information concerning an applicant's education and employment history will be verified by Human Resources before a formal employment offer is extended. This responsibility includes verification of an applicant's credentials and previous work experience. The Human Resources Department shall verify all degrees: certifications, licenses and educational history listed in an employment application_ Fducation can be verified by calling the campus Registrar or Student Records Office, although some campuses now refer you to a central registry service to obtain information. The students name, social security number and dates of attendance or graduation are usually required in order to verify attendance and degrees earned. In most cases, this can be done over the telephone or online. The Human Resources Department is responsible for ensuring that reference checks are conducted in accordance with applicable State and Federal laws. Reference information obtained in confidence by the City of Vernon from other employers is considered confidential and may be legally withheld from the applicant. However, any information obtained from public records as the result of a reference or background check must be released to the applicant within seven bays unless the applicant waives their right to the information in accordance with Civil Code Section 1786.53. The Human Resources Department is responsible for the oversight. compliance and consistency of reference checks. The hiring department shall conduct reference checks of candidates unless the hiring department wishes the Human Resources Department to do so. When the hiring department conducts reference checks, the department shall use and complete the attached Telephone Reference 1 Number: 1-12 Effective Date: Check Form. Upon completion of reference checks, the hiring department shall submit the Telephone Reference Check Form(s) to Human Resources for approval. Departments must consult with the Human Resources Department prior to asking questions not specifically identified on the attached Telephone Reference Check Form. The purpose of reference checking is to gather additional facts and information about the leading candidate(s). Reference checks help verify information gathered in the interview (experience, skills and capabilities), and is a valuable tool in gauging the candidate's interpersonal communication skills (i.e. teamwork, ability to get along with others, communication style, etc.). A thorough reference check may also provide the hiring department with new facts and information (strengths, weaknesses and constructive criticism) to consider in making a final hiring decision. Previous employers may be reluctant to share negative information about former employees but employers should verify, at a minimum, dates worked and positions held. Some employers will also state whether an employee is eligible for rehire. Any written information obtained in the reference check will be retained by the Human Resources Department and destroyed in accordance with Government Code Sections 34090, et. seq. and the Records Retention Schedule of the Human Resources Department. With the exception of the Police Department, authorization to use an outside investigator or agency to conduct any reference or background check must be obtained in advance from the Human Resources Director. Applicants who submit an application for employment with the City of Vernon agree to the following: a. To answer all questions completely and accurately; b. To allow the City to contact all employers and educational institutions listed, including current employer, and if applicable the appropriate supervisor within the City of Vernon (for former employees); c. That all statements made within application are true and complete; and d. That making false statements may lead to disqualification or dismissal. California Law prohibits employers from posing questions to applicants that express discrimination based upon an applicant's race, religion, color, national origin, ancestry, physical or mental disability, marital status, sex or sexual orientation. Federal law also prohibits discrimination in the hiring process. The following are some examples of questions that cannot be asked regarding an applicant: a. When an applicant graduated from elementary or high school, or other questions concerning an applicant's age other than minimum age requirements; b. Where an applicant was born; c. Whether an applicant is a U.S. citizen; d. Questions regarding an applicant's race or ethnicity; e. Questions regarding an applicant's financial assets or debts, or whether an applicant owns or rents their residence; f. Questions concerning an applicant's height or weight; g. Questions concerning an applicant's family responsibilities such as the existence of dependents, childcare or child support, or about childbearing or fertility; 2 Number: 1-12 Effective Date: h. Questions concerning an applicant's sexual orientation; i. Questions concerning an applicant's religion or religious practices; and j. Questions concerning an applicant's medical history or records. 2. Providing References to Outside Employers — The Human Resources Department is responsible for providing references to outside employers. Express written authorization must be provided by current or former City employees before requests for earnings-related data or detailed employment history can be released. Absent written authorization from the current or former employee, the Human Resources staff will only release basic factual information to other employers regarding current or former City employees. In accordance with California Civil Code 1798-1798.78, the City of Vernon reference policy permits providing references to other employers including written verification of employment, dates of employment, job classification and salary range of an employee's classification. The Director of Human Resources may authorize individual supervisors or managers to respond to requests for detailed employment information when a signed release is on file with the Human Resources Department. Whenever there is any doubt concerning the legitimacy of a request for information, the inquiry will not be honored by the City. PROCEDURE: Responsibility Action Prospective Employee 1. Provides written consent to Human Resources to provide information pertaining to employ- ment and/or payroll and/or Commercial Driver's License (if applicable) information. Human Resources 2. Verifies all degrees, certifications, licenses and educational history listed in an employment application. 3. Confirms hiring department's compliance with reference check procedures. Hiring 4. Conducts reference check(s) Department (Human Resources, if requested) provided in application after final interviews and lead candidate is identified. 5. Utilizes the Telephone Reference Check Form for all reference checks. Consults with Human Resources prior to asking any questions not 3 Number: 1-12 Effective Date: specifically identified on the Telephone Reference Check Form. 6. Submits completed Telephone Reference Check form(s) to the Human Resources Department. Hiring Department 7. Submits personnel action form to Human Resources Department along with completed Telephone Reference Check Farm(s). Outside Agency (if applicable) 8. Responds to requests from City staff regarding reference and/or payroll information on employee. Human Resources/Police Dept. 9. Coordinates with outside Background Investigation Company on background checks as requested. 10. Provides DOT required forms to all new applicants. 11. Provides applicant information to outside agency, if applicable. 12. Provides reference checks to outside employers upon receipt of expressed written authorization from former employee. 4 Number: 1-12 Effective Date: CITY OF VERNON TELEPHONE REFERENCE CHECK The purpose of reference checking is to gather additional facts and information about your leading candidate(s). The reference check helps verify information on the application form (education, experience, training) and information gathered in the interview (experience, skills, and capabilities), and is a valuable tool in gauging the candidate's interpersonal communication skills (teamwork, ability to get along with others, communication style, etc.). A thorough reference check may also provide you with new facts and information (strengths, weaknesses, and constructive criticism) to consider in making your final hiring decision. Initiate your reference call with a brief introduction and the purpose of your contact, indicating that your candidate has listed them as a reference and you are following up to gather facts and information. Be sensitive to their time and make sure they are able to give you approximately 10 to 15 minutes to conduct a thorough reference check. A "rushed" reference check will be ineffective in eliciting quality information. To assist you in the reference check process we have developed a list of suggested questions. These will be helpful to you in collecting necessary information to make an "informed" hiring decision. You may ask additional specific or substitute questions related to the particulars of the position you are filling. These questions serve as a guideline for you and have been very effective in gathering pertinent information about candidates. Not all questions need to be asked/answered. Name of Candidate: Reference Contact: _ Telephone: L� Organization: 1. Employed from to 2. Salary: Beginning - i Ending - 3. Were you involved in the selection process when was hired in your organization? If so, what influenced you to hire him/her? 4. How would you rate their customer service skills? 5. How did he/she get along with: • Co-workers? • Supervisors/Managers? 5 Number: I--12 Effective Date: 6. If I were to call his/her co-workers, what do you think they would tell me about his/her teamwork and interpersonal skills? 7. Was he/she dependable? 8. What was his/her attendance record like? • Was he/she absent often? • Was he/she tardy often? 9. How well did he/she follow instructions? 10. How would you rate him/her on their ability to do their job? Unacceptable Needs Improvement Acceptable Good Superior Outstanding 11. If you could offer him/her one bit of constructive criticism, what would it be? 12. Why did he/she leave your organization? 13. What one thing about his/her employment with you do you recall the most? (name major accomplishment, event, work product, etc.) _ 14. What was his/her reputation within your organization? 15. What else can you share with me about that might help us in evaluating his/her candidacy for this position? This is to certify that I have conducted a reference check on the leading candidate for purposes of employment and have asked the specific questions contained in this checklist. Signature: _ _Date: Reviewed and approved by Human Resources Department: Signature: Date:_ _ 6 RECEIVED RECIP-WED :n ,; � APR 13 2015 APR 15 2015 ``••"SLY .. ' CITY ADMINISTRATIO CITY CLERK'S OFFICE STAFF REPORT COMMUNITY SERVICES & WATER DEPARTMENT DATE: April 21,2015 TO: Honorable Mayor and City Council PREPARED BY: Vincent A.Rodriguez, Public Works Project Coordinator APPROVED BY: Samuel Kevin Wilson,Director of Public Works,Water and Development RE: Bid Award for Contract No. CS-0541: Citywide Traffic Signal Maintenance Project Recommendation It is recommended that the City Council: 1. Find the awarding of a contract to Aegis ITS is categorically exempt under the California Environmental Quality Act(CEQA)in accordance with CEQA Guidelines Section 15301,because this project only consists of maintenance and repair of the City's traffic signals and does not involve any expansion of existing facilities; and 2. Accept the bid from Aegis ITS, Inc.as the lowest responsive and responsible bidder and enter into a contract, not to exceed $110,000.00 per year for a total of three years for the Citywide Traffic Signal Maintenance Project, Contract No. CS-0541, and to reject all other bids. Background The City of Vernon currently owns and operates 41 traffic signals. The City is seeking a Contractor to inspect and perform maintenance on the traffic signals on a monthly basis. In addition, they must be capable of performing emergency repairs on damaged or non-functioning equipment at all locations including repair or replacement of failed components and the emergency replacement of equipment damaged by vehicular accidents. This extraordinary work will be performed on an on-call basis available 24 hours a day, 7 days a week. Currently, Aegis ITS is the contractor maintaining the City's traffic signals. Pursuant to Resolution No. 2012-46 approved by the City Council on April 3, 2012, the City entered into a three-year services agreement with Aegis ITS effective May 1, 2012 to perform the traffic signal maintenance and repairs. On March 3, 2015, the City Council authorized the advertisement of the Notice Inviting Sealed, Competitive Bids for the Citywide Traffic Signal Maintenance Project. The Notice Inviting Bids was posted on the City's website, published in the Vernon Sun newspaper and it was also advertised in the following construction related websites: Bid America, eBidboard Construction Contract Advertising, McGraw-Hill Construction. The specifications included the standard terms and conditions for the contract which were approved by the City Council. The bids for Contract No. CS-0541, Citywide Traffic Signal Maintenance Project, were received and opened on March 25, 2014. The calculated results were as follows: 1. Aegis ITS,Inc. $ 342,784.86 2. Siemens Industry,Inc. $ 342,864.00 Bids were for a comparison purpose only. The City of Vernon will pay Aegis$36,649.20 per year for preventative maintenance. The City is proposing to enter into a contract with Aegis ITS for a not to exceed amount of$110,000.00 per year. The remaining$73,350.80 will be used towards extraordinary(emergency)work which will be based on actual time and materials established by the unit prices provided. Fiscal Impact This contract will be for three years at an estimated cost of$110,000.00 per year for a total of$330,000.00. The cost for traffic signal maintenance is budgeted in the Street Operations- Public Works portion of the budget. 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 Aegis ITS, Inc.,-a California corporation (hereinafter "Contractor"), for construction of the Citywide Traffic Signal Maintenance, Contract No. CS-D541. 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, inclusive of Exhibit A(General Conditions), Exhibit B(Special Provisions), Exhibit C (Living Wage Provisions), Exhibit D(Equal Employment Opportunity Practices Provisions), and all Attachments and Sub-Exhibits thereto; C. Notice Inviting Bids; D. instructions to Bidders; E. Bid Forms; F. Designation of Subcontractors; and G. Bidding Addenda Nos. 2. SCOPE OF WORK Within the Contract Time and for the stated Contract Sum, subject to adjustments thereto, and pursuant to the Contract Documents, the Contractor shall perform and provide all necessary: labor; services; supervision; materials; tools; equipment; apparatus; facilities; supplies; tools; permits, inspections, plan checks, and similar Governmental STANDARD CONTRACT FORM 1 Approvals; temporary utilities; utility connections; and transportation necessary to complete the Work in strict conformity with the Contract Documents for: Citywide Traffic Signal Maintenance Contract No. CS-0541 3. TIME FOR PERFORMANCE Contract Time. Contractor shall achieve Substantial Completion of the Work within 365 calendar days from the Date of Commencement established in City's written Notice to Proceed ("Contract Time"), subject to adjustment in accordance with the Contract Documents. Contractor shall achieve Final Completion of the Work, within the time established by the Certificate of Substantial Completion issued by the City. The Contract Time may only be adjusted as permitted by this Construction Contract and the General Conditions. Time is of the essence of this Agreement. Except when the Contract Documents state otherwise,time is of the essence in the performance of the Work. Contractor acknowledges that the time limits and deadlines set forth in the Contract Documents are reasonable for Contractor to perform and complete the Work. Liquidated Damages. If Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time for Substantial Completion, Contractor shall pay City as liquidated damages the amount of Five Hundred Dollars ($500.00) per day for each working day occurring after the first seven (7) working days of each month for non-completion of the preventative maintenance and One-Hundred Dollars ($100.00) for each hour late when responding to emergency situations per Contract Time for Substantial Completion until Contractor achieves Substantial Completion of the entire Work, as required by Article 3 of the General Conditions of Contract and Section B-1.07 of Exhibit B Special Provisions. Contractor Initial here: 4. CONTRACT SUM In consideration of the Contractor's full,complete,timely,and faithful performance of the Work required by the Contract Documents, City shall pay Contractor the sum of One Hundred Ten Thousand Dollars and Zero Cents($ 110,000.00), payable as set forth in the General Conditions("Contract Sum'). STANDARD CONTRACT FORM 2 IN WITNESS WHEREOF,the parties have caused this Contract to be executed the date and year first above written. Executed at ,California. [Contractor's Corporate Seal] Aegis ITS, Inc. By:-- An Authorized Signatory Printed Name: Title: Date: CITY OF VERNON: APPROVED AS TO FORM: By: By: Name: Name: Title: Title: Date: ATTEST: By: Name: Title: CONTRACTOR'S SIGNATURE MUST BE NOTARIZED STANDARD CONTRACT FORM 3 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 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 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 ARTICLE 1 GC-1 of 87 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. 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 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. 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 Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by 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. 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 Contractor. There shall be no third party beneficiaries of the Contract Documents. 0. 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). ARTICLE I GC-2 of 87 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. +. 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. U. Director. The Director of the Department of Public Works, Water&Development Services of the City of Vernon or his/her duly appointed representative. V. Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details,schedules,and diagrams. W. Extra Work. New or unforeseen work will be classified as Extra Work when determined by the City that the work is not described in, or reasonably inferable from, the Contract Documents, the work is not covered by any Bid line item or Allowance, and the work causes Contractor to incur additional and unforeseen costs. X. Field Directive. See, "Work Directive." Y. Final Completion. Final Completion is the stage of performance of the Work when (1) all Work required by the Contract Documents has been fully completed in compliance with the Contract Documents and all applicable laws including, but not limited to, correction or completion of all punch list items noted by City upon Substantial Completion; (2) Contractor has delivered to City an Application for Final Payment and all closeout documentation required by the Contract Documents; and (3) documentation of all final Governmental Approvals has been submitted to City including, but not limited to a final Certificate of Occupancy or equivalent Building Department sign-off has been issued covering the entire Project site without exception or conditions. Z. Force Majeure. "Force Majeure"includes but is not limited to declared or undeclared war,sabotage, insurrection, riot, or other acts of civil disobedience, labor disputes, fires, explosions, floods, earthquakes or other acts of God. AA. Fragnet. The sequence of new activities that are proposed to be added to an existing schedule. 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. ARTICLE I GC-3 of 87 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. Permits. Governmental Approvals and Utility Fees as required by any agency. HH. Intentionally Omitted li. 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. J_. Project ManuaXontract 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 (2015 Edition), the Standard Plans for Public Works Construction (2012 Edition), State of California, Department of Transportation Standard Plans and Standard Specifications (2010 Edition), and the City of Vernon Standard Plans. NN_ Specifications. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards, and workmanship for the Work and performance of related services, including, but not limited to, the Project Technical Specifications, Standard Specifications, if any, and any applicable Trade Association Specifications. 00. 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." ARTICLE 1 GC-4 of 87 00. 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 Contractor to fulfill 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. 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. 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 Contractor's agent on the Work shall be considered as having been given to 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. 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. C. Where requirements of the Governmental Approvals differ from those of the Drawings and Specifications,the more stringent requirements shall apply. D. Contractor shall obtain a no-fee encroachment permit from the City of Vernon's Public Work, Water and Development Services Department. 1.04 LICENSES Contractor shall apply and pay for a City of Vernon business license. Additionally, Contractor shall apply for, obtain,and pay for all other licenses required by governing authorities for the Work. 1.05 ALLOWANCES ARTICLE 1 GC-5 of 87 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 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 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 CONTRACTOR Contractor shall fumish 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 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. ARTICLE I GC-6 of 87 1.09 SPECIFICATIONS AND DRAWINGS A. 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 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 Contractor, a maximum of six (6) sets of Contract Drawings and Specifications. Contractor shall pay for the costs of any additional sets or portions thereof. 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 Contractor shall prevail. 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 Contractor, the controlling provision shall be that which is found in the document with higher precedence in accordance with the following order of precedence: t. 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 a. Special Conditions, if any 5. General Conditions ARTICLE 1 GC-7 of 87 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 It 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, Contractor shall immediately notify Director in writing. Director shall promptly review the matter, and if Director finds a conflict, error or omission, Director shall determine the corrective actions and advise 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 Contractor, any related additional work performed by Contractor shall be done at Contractor's risk unless authorized by the Director. ARTICLE 1 GC-8 of 87 1.12 REPORTS A. Daily Construction Reports: 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. is. Construction Change Directives received and implemented. 16. Services connected and disconnected. 17. Equipment or system tests and startups. 18. Partial completions and occupancies. 19. Substantial Completions authorized. 20. List of visitors to Project Site. 21. List of personnel at Project Site including names and job classifications. 22. Description of Work for the day including locations,quantities and related bid items. Immediately upon discovery of a difference between field conditions and the Contract Documents, Contractor snail 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 Contractor. 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 Contractor or his/her employees, they must be reset to the satisfaction of the Director,at Contractor's expense. B. 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 Contractor of any of the Work or delay occasioned by giving lines and grades, by making other necessary measurements,or by inspection. ARTICLE 1 GC-9 of 87 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, 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. 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 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 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,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] ARTICLE 1 GC-10 of 87 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 Contractors expense. 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. 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, Contractor shall correct all deficient, improperly executed, or unsatisfactory Work determined by the City. 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 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 Worm.) ARTICLE 2 PAGE-11 of 87 2.05 CITY'S RIGHT TO CARRY OUT THE WORK A. Notwithstanding other remedies available to the City, if 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 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 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 Contractor are not sufficient to cover such amounts,Contractor shall pay the difference to the City immediately. This remedy is cumulative. B. The City also has the right, but not the obligation, to self-perform or have outside forces perform portions of the Work previously assigned to Contractor. In such case a Change Order or Construction Change Directive shall be issued, reducing the Contract Sum by the Unit Price(s) applicable to such deleted Work or, in the absence of Unit Prices, an amount that reflects the reasonable cost of performing such deleted Work and the Allowable Mark-Up applicable to such deleted Work. 2.06 COMMUNICATIONS AND NOTICES REGARDING THE WORK A. Notices under the Contract Documents shall be in writing and (a) delivered personally, (b) sent by certified mail, return receipt requested, (c) sent by a recognized overnight mail or courier service, with delivery receipt requested, or(d)sent by facsimile communication followed by a hard copy and with receipt confirmed by telephone, to the following addresses (or to such other address as may from time to time be specified in writing by such Person): All correspondence with Contractor shall be sent to the following address: Attention: Phone: Facsimile: ARTICLE 2 PAGE-12 of 87 All communications shall be copied to City and shall be delivered to City's Director at the address set forth below, with copies to such additional persons as may be directed by City's Director. City of Vernon Department of Public Works,Water&Development Services 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Vince Rodriguez Phone: (323)583-8811 ext.220 Facsimile: (323)826-1435 E-mail: vrodriguez@ci.vernon.ca.us B. Notices shall be deemed received when actually received in the office of the addressee (or by the addressee if personally delivered) or when delivery is refused, as shown on the receipt of the U. S. Postal Service, private carrier or other Person making the delivery. Notwithstanding the foregoing, notices sent by facsimile after 4:00 p.m. Pacific Standard or Daylight Time (as applicable) and all other notices received after 5:00 p.m. shall be deemed received on the first Working Day following delivery(that is, in order for a fax to be deemed received on the same day, at least the first page of the fax must have been received before 4:00 p.m.). Any technical or other communications pertaining to the Work shall be conducted by Contractor's Project Manager and technical representatives designated by City. Contractor's representatives shall be available at all reasonable times for consultation, and shall be authorized to act on behalf of Contractor in matters concerning the Work. C. Contractor shall copy City on all written correspondence pertaining to the Contract between Contractor and any Person other than Contractor's Subcontractors,consultants and attorneys. D. Notification of Affected Residents/Businesses—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. 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, 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 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. ARTICLE 2 PAGE-13 of 87 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. Contractor shall contact the Underground Service Alert of Southern California(U.S.A.) at least two(2)Working Days in advance of the construction work 2.07 INDEPENDENT CONTRACTOR 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,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 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. S. 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, 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 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. Contractor is to use every effort to relieve the emergency condition. As a last resort, in order to alleviate the emergency condition only and in the event 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 Contractor,the cost of the corrective measures will be billed to Contractor and deducted from his/her payment as provided in the Contract Documents. The performance of emergency Work by City forces will not relieve 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. ARTICLE 2 PAGE-14 of 87 B. Nothing contained in these Contract Documents shall be construed as creating any contractual relationship between any Subcontractor and the City. C. 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. Contractor shall be responsible for the coordination of the trades, Subcontractors, and material suppliers engaged upon the Work. It shall be 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 Contractor and his/her Subcontractors or between subcontractors. F_ 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 Contractor, use(which includes,but is not limited to,taking over or placing into service) any portion(s)designated by the Director. B. The use of any portion(s) by the City shall not be construed as, and will not constitute acceptance in any sense, of any portion(s) of the Work of 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 Contractor,or any other cause,shall be made at the expense of Contractor. D. The use of any portion(s) by the City shall not relieve 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. 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. ARTICLE 2 PAGE-15 of 87 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 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 Contractor at all times. Should any facility,structure, or property be damaged during operations of Contractor, he/she shall immediately notify the property owners or authorities. All damages and losses incurred shall be paid by Contractor. 2.14 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES A. Risk of Loss 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. Contractor shall bear the risk for any City equipment, material,or supplies with which he/she has been entrusted. B. Materials and Facilities 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 Contractor: 1. 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. Contractor shall protect City facilities from damage resulting from his/her Work. City facilities damaged by,or as a result of,Contractor's Work under this Contract shall be repaired or replaced,as directed by the Director,at Contractor's expense. 3. Contractor shall remove from the vicinity of the completed Work all buildings, rubbish, unused material,concrete forms, and other materials belonging of 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 Contractor's expense. C. Laws and Regulations 1. 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. ARTICLE 2 PAGE.-16 of 87 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 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. 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, Contractor warrants to the City that: (i) materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents; (ii)the Work will be of good quality and free from defects; (iii)the Work will conform to the requirements of the Contract Documents; and (iv) Contractor will deliver the Project free of stop notice claims. Work not conforming to these requirements, including substitutions not accepted by the City, will be deemed defective. Contractor's warranty excludes improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the City, th 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 ARTICLE 2 PAGE-17 of 87 1. Before or After Final Completion. 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 Contractor's expense within the Contract Price. 2. After Final Completion. (a) In addition to 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, 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. 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 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 Contractor and its Performance Bond surety, plus fifteen percent (15%) for the City's overhead and administrative expense. The City may charge such costs against any payment due Contractor. If, in the opinion of the City, defective work creates a dangerous or hazardous condition or requires immediate correction or attention to prevent further loss to the City or to prevent interruption of operations of the City, the City may take immediate action, give notice, make such correction, or provide such attention and the cost of such correction or attention will be charged against Contractor. Such action by the City will not relieve Contractor of the warranties provided in this Article or elsewhere in the Contract Documents. 3. Replacement or Removal of Defective or Unauthorized Work. 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 Contractor. 4. Destruction or Damage. In the event 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, 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 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 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. ARTICLE 2 PAGE,-18 of F 2.16 CLEANING AND ENVIRONMENTAL CONTROLS Contractor, Subcontractors and employees shall comply with all litter and pollution laws and it shall be the responsibility of Contractor to ensure compliance.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. Maintain at his/her disposal any and all equipment necessary to prevent and remediate any sanitary sewer overflow arising out of the Work. Contractor shall fumish 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 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. Contractor shall take appropriate action to ensure that no dust originates from the project Site. D. Any equipment or vehicles driven and/or operated within or adjacent to a street gutter, storm drain, runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that if introduced to water could be deleterious to aquatic life. E. No debris,soil,silt,sand, bark,trash,sawdust, rubbish,cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity or whatever nature shall be allowed to enter into or placed where same may be washed by rainfall or runoff into waters of the Slate. When operations are completed, any excess materials or debris shall be removed from the Work area. 2.17 WATER POLLUTION CONTROL A. Contractor shall comply with the requirements of Vernon Municipal Code Chapter 21, Article 5 regarding Storm Water controls. 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 as defined in Table 2-1. Table 2-1 Minimum Water Quality Protection Requirements for Construction Projects Category Minimum Requirements BMPs 1. Sediment Control Sediments generated on the project site shall be retained Sediment Control using adequate Treatment Control or Structural BMPs. 2. Construction Materials Construction-related materials, wastes, spills or residues Site Management; Control shall be retained at the project site to avoid discharge to Material and Waste streets, drainage facilities, receiving waters, or adjacent Management ARTICLE 2 PAGE-19 of 87 properties by wind or runoff. Non-storm water runoff from equipment and vehicle washing and any other activity shall be contained at the protect sites. 3. Erosion Control Erosion from slopes and channels shall be controlled by Erosion Control 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. 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 2-1. C. Water Ouality Protection Requirements for Construction Projects with One (1) Acre (or greater) of Disturbed Soil. In addition to the minimum BMPs required in Paragraph A, 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 the latest version of the Construction Activities Storm Water General 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/facesiSwSmartsLogin.isp). 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: httpJ/www.swrcb,ca,ctov/water issues+programsVstermwaterlconsiruction.shim) 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. ARTICLE 2 PAGE-20 of 87 Within seven (7)days after the City awards the Contract, 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, 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 Contractor and approve the SWPPP. Contractor shall maintain a minimum of two (2) readily accessible copies of the SWPPP at the Project site. The SWPPP shall be made available upon request of a representative of the Los Angeles Regional Water Quality Control Board (LARWQCB) or the U.S. Environmental Protection Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the City. D. Best Management Practices The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect the quality of storm water discharge associated with construction activities. The plan will describe and ensure the implementation of Best Management Practices (BMPs) which will be used to reduce pollutants in the storm water discharges from the construction site. A Best Management Practice is defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution. 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 Cashier P.O. Box 2105, Los Angeles County DPW Menlo Park, CA 94026-2105 900 South Fremont Avenue Phone: (650)366-1042 Alhambra, CA 91803 E-mail: info@casga.org Tel. No. (626)458-6959 www.cabmphandbooks.com E. Implementation 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. Contractor may be required to implement additional BMPs as a result of changes in actual field conditions, contractor's activities, or construction operations. 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. Contractor shall monitor daily weather forecasts. If precipitation is predicted prior to the end of the following Work Day, construction scheduling shall be modified, as required, and 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 Contractor fails to conform to the requirements of this Paragraph 2.17. Unless otherwise directed ARTICLE 2 PAGE-21 of 87 by the City, Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of the Work. F. Sewage Spill Prevention. 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. 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, 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. Contractor shall be fully responsible for preventing and containing sewage spills as well as recovering and properly disposing of raw sewage. In addition, Contractor is responsible for any fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is damaged by contractor shall be immediately repaired at 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, Contractor shall immediately report the incident to either one of these two City Departments: Sewer Maintenance Services City of Vernon Control Center (323) 826-1461 Fire Department Dispatch Center 911 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 Contractor shall immediately call: Vince Rodriquez, Project Manager (323)855-2292 H. Sewage Spill Written Notification Contractor shall prepare and submit a written report to the Director within three (3) Working Days from the occurrence of a spill to the City. This report shall describe all of the following: 1. The exact location on the Thomas Guide map 2. The nature and volume 3. The date, time and duration 4. The cause 5. The type of remedial and/or cleanup measures taken and date and time implemented 6. The corrective and preventive action taken, and ARTICLE 2 PAGE-22 of 87 7. The water body impacted and results of necessary monitoring I. Enforcement The City is subject to enforcement actions by the LARWOCB, U.S. EPA, environmental groups and private citizens. 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 Contractor. In addition to any remedy authorized by law, any money due to Contractor under this contract shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor have been satisfied. J. Maintenance 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. 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 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 fumishing 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 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 ►ecyclers 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. ARTICLE 2 PAGE-23 of 87 SUMMARY OF SOLID WASTE DISPOSAL AND DIVERSION Project Title: Specification No. Type of Material (a) (b) (c) (d) Disposed in Class III Landfills Diverted from Class III [Leave This Column Blank] Disposed in Inert Fills Landfills by Recvcling Tons/CY Tons/CY Tons/CY Tons/CY Asphalt Concrete Metal Other Segregated Materials (Describe): Miscellaneous Constriction Waste Total Form to be submitted to the City SIGNATURE: TITLE: DATE: 2.19 RECYCLED,REUSABLE AND RECYCLABLE PRODUCTS 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] ARTICLE 2 PAGE-24 of 87 ARTICLE 3 -TIME OF COMMENCEMENT AND COMPLETION 3.01 COMMENCEMENT, PROSECUTION,AND COMPLETION OF WORK A. Notice to Proceed 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 Contractor is herein referred to as the Notice to Proceed. 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. 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 365 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 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 Contractor to complete all Work in accordance with the Contract Documents. B. City Inspection Upon receipt of 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 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 ARTICLE 3 PAGE-25 of 87 designated portion thereof for its intended use, Contractor shall, before City's issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by City. 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 Contractor shall finish all items on 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. Contractor shall take reasonable precautions to foresee and prevent delays to the Work. In the event of any delay to the Work, 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 Contractor's control, it is not excusable and not compensable, and 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 Contractor except for causes of delay specified in Paragraph 3.04-D., such delay may be excusable and may entitle 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 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. 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. 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; ARTICLE 3 PAGE-26 of 87 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 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 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 Contractor to an extension of time but not to any other compensation. B. If 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 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 Contractor to an extension of time shall be made and agreed to in writing by the Director and Contractor on each day that Work is suspended. In the event of failure to agree, 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, 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 Contractors Workforce is dismissed as a result thereof, then he/she will ARTICLE 3 PAGE.-27 of 87 be entitled to a one Work 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 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 Contractor. Upon the issuance of the Notice of Completion, Contractor will be relieved from responsibility to protect the Work. B. Within 15 calendar days after issuing the Notice of Completion, the Director will record the Notice of Completion with the County Recorder. 3.07 LIQUIDATED DAMAGES A. Contractor and City agree to liquidate damages in the amount of five hundred dollars ($500) per day, with respect to Contractor's non-completion of the monthly Routine Maintenance-Inspection and Cleaning work for each day past the first seven (7) working days of each month. In addition, the Contractor shall pay to the City,or have withheld from monies due it,the sum of$100.00 for each hour late when responding to emergency situations. The Parties intend for the liquidated damages set forth herein to apply to this Contract as set forth in Government Code Section 53069.85. Contractor acknowledges and agrees that the liquidated damages are intended to compensate City solely for 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] ARTICLE 3 PAGE-28 of 87 ARTICLE 4- CONSTRUCTION SCHEDULES 4.01 BASELINE PROJECT SCHEDULE 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 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 Contractor will be permitted to begin work. In addition, 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. 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. 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 ARTICLE 4 GC-29 of 87 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. 2. Delays of any non-critical Work shall not be the basis for an extension of Contract Time until the delays consume all float associated with that non-critical Work activity and cause the Work activity to become critical. 3. It is acknowledged that City-caused time savings(i.e., critical path submittal reviews returned in less time than allowed by the Contract Documents,approval of substitution requests which result in a savings of time for Contractor, etc.) create shared float. Accordingly, City-caused delays may be offset by City-caused time savings. C. Early Completion While Contractor may schedule completion of the Project earlier than the date established by the Contract Documents, no additional compensation shall become due Contractor for the use of float time between 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), 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. It 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 Contractor shall propose an affirmative plan to correct each such delay, including overtime and/or additional labor, if necessary. In no event shall any Project Schedule update constitute an adjustment in the Contract Time, any deadline, or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order or Work Directive. B. At no time shall historical data contained within the updated Project Schedule (i.e. completed activities)be removed and/or altered in any way. This historical data is to be preserved within each of the updated Project Schedules and submitted with the final schedule update to reflect the actual start and finish dates for each activity within the Schedule. C. Any work stoppages within individual work activities that exceed seven (7) calendar days in duration shall be clearly indicated within the updated Project Schedule. In cases where unplanned activity work stoppages exceed seven (7) calendar days activities shall be added to the Project Schedule to clearly indicate the work stoppage period and identify forecasted resumption and completion of the activity where work has stopped. Contractor shall clearly note all schedule revisions when Project Schedule updates are submitted, as required in this Paragraph 4.02 above. 4.03 NONCOMPENSABLE EXTRAORDINARY MEASURES A. Should the City determine, in its sole judgment, that the performance of the Work has not progressed to the level of completion required by the Contract Documents, City shall have the right to order ARTICLE 4 GC-30 of 87 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 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 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] ARTICLE 4 GC-31 of 87 ARTICLE 5 -SUSPENSION OR TERMINATION OF CONTRACT 5.01 TERMINATION BY 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 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 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) Working Days of the occurrence of such ground for termination, then 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 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. It 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 City shall have the right to terminate 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 ARTICLE 5 GC-32 of 87 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 B. 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 14. 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 5.42-A exist, City may, in addition to and without prejudice to any other rights or remedies of the City, and after giving Contractor five(5)Working 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 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 Contractor, the City shall furnish to 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,Contractor shall pay the difference to the City. D. Wrongful Termination If it has been adjudicated or otherwise determined that City has wrongfully terminated Contractor for cause, then said termination shall be deemed converted to a termination for convenience as set forth ARTICLE 5 GC-33 of 87 in Paragraph 5.04 and Contractors 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 Contractors 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. 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 fumish 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. t. City may at any time and from time to time, without cause, order 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 Co'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 Contractor is responsible;or (b) That an equitable adjustment is made or denied under another provision of the Contract. ARTICLE 5 GC-34 of 87 F. Suspensions for Cause City has the authority by written order to suspend the Work, in whole or in part, without liability to City for Contractor's failure to: 1. Correct conditions unsafe for the Project personnel or general public,or 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)Working 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 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 H. 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 ARTICLE 5 GC-35 of 87 ii. Storage,transportation,and other costs reasonably necessary for the preservation, protection,or disposition of inventory. 2. Such payment shall be Contractor's exclusive remedy for termination for convenience and will be due and payable on the same conditions as set forth for final payment to the extent applicable. Upon receipt of such payment,Contractor and City shall have no further obligations to each other except for Contractors 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 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 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 foram, in both hard copy and electronicldigital 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] ARTICLE 5 GC-36 of 87 ARTICLE 6-CHANGES 6.01 CITY'S RIGHT TO ORDER CHANGES 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. 5.02 APPLICABLE PROVISIONS Changes in the Work shall be performed under applicable provisions of the Contract Documents. Contractor shall proceed promptly and diligently with the change, unless otherwise provided in the Change Order or Construction Change Directive. 11 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 shalt 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 Contractor's opinion, any instruction, request, Drawings, Specifications, action, condition, omission, default, or other situation occurs that 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) Working 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 ARTICLE b GC-37 of 87 productivity, differing Site conditions, construction interferences and other extraordinary or 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, Contractor shall promptly proceed with the change in the Work involved and advise the City of 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 Bequest 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 Contractor indicates 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 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. ARTICLE 6 CC-38 of 87 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. (Sections 3-2.2.2 and 3-2.2.3 of the Standard Specifications for Public Works Construction ("Greenbook")shall not be applied to this Contract) 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. The calculation when using the Schedule of Values for the deletion of work consists of calculating the value of the decrease of the Contract Sum, less the value of any Work performed, plus a reasonable percentage of the decrease for 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. 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 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 ARTICLE 6 GC-39 of 87 number, hours of operation (including loading and transportation) and hourly/daily rates involved for that day. C. Other Services or Expenditures. A list of other services and expenditures constituting Allowable Costs incurred in performance of the Extra Work on the day on which such Extra Work is performed, along with documentation verifying the amounts thereof in such detail as Director may require. 2. In the event that more than one change to the Work is performed by 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 Contractor to secure any required authentication shall, if the City elects in its sole discretion to treat it as such, constitute a waiver by 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: ARTICLE 6 GC-40 of 87 1. Labor. Straight-time wages or salaries, and overtime wages and salaries specifically authorized by City in writing, for employees employed at the site, or at fabrication sites off the site, in the direct performance of the Extra Work or that would have been incurred in the direct performance of the deleted work, based on the actual cost for wages prevailing locally for each craft or type of workers at the time the Extra Work is done or the deleted work is ordered eliminated. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The use of labor classification which would increase the Allowable Cost for Extra Work will not be permitted unless Contractor establishes the necessity for such additional costs. 2_ Benefits. Payroll taxes, insurance, health and welfare, pension, vacation, apprenticeship funds and benefits required by lawful collective bargaining agreements for employees on straight-time 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. v 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 ,lose, California, which is in effect at the time of commencement of the changed work. 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 ARTICLE 6 GC-41 of 87 Site at no expense to City. Costs incurred while equipment is inoperative due to breakdowns, regular maintenance, or for non-Working Days shall not be allowed. The rental time shall include the time required to move the equipment to the Work from the nearest available source for rental of such equipment and to return it to the source. If such equipment is not moved by its own power, then loading and transportation will be allowed. Neither moving time nor loading and transportation costs will be paid if the equipment is for use on the Project unrelated to the Extra Work. All equipment shall be acceptable to City, in good working condition, and suitable for the purpose for which it is to be used. 6. Royalties. Additional or saved costs of royalties due to the performance of the Extra Work or deleted work. 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 in excess of Allowable Markup, as defined below (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 secretariat 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 Contractor's costs and shall constitute the markup for all overhead and profits: Labor 20% ARTICLE 6 GC-42 of 87 Materials 15% Equipment Rental 15% Other Items and Expenditures 150/0 2. Extra Work by Subcontractor(Markup): When all or any part of the extra work is performed by a Subcontractor, the markup provided for Contractor in 6.06.E.1 shall apply to Subcontractor's actual costs.A markup of 10%up to and including the first$5,000 of the subcontracted portion of each extra work,and 5%on such extra work in excess of$5,000 may be added for Contractor. F. Net Allowable Costs If any one 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. E_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 Contractor submit an itemized change order proposal in a format acceptable to City within ten (10) calendar days after City issues the request. 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 Contractor to commence performance of the change. It 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. ti.t}8 CONTRACTOR ORIGINATED CHANGE ORDER REQUEST{COR1 If 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 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 Contractor. A Critical Path Method schedule Fragnet is required to support and justify any additional time of performance requested by Contractor. The City will not review any COR which is incomplete. 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 Contractor believes that it does have merit, Contractor shall proceed with the disputed Work and may submit a Claim in accordance with the procedures set forth herein. ARTICLE 6 GC-43 of 87 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] ARTICLE 6 GC-44 of 87 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. ARTICLE 7 GC-45 of 87 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 Contractors 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. ARTICLE 7 GC-46 of 87 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 shalt 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 7.03-13, above; 2. submission of 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; ARTICLE 7 GC-47 of 87 8. submission of certifications by Contractor and each Subcontractor as required by applicable collective bargaining agreements certifying that all employee benefit contributions due and owing pursuant to any applicable collective bargaining agreement have been paid in full; and 9. compliance by Contractor with all of its other obligations for submission of documentation or performance of conditions which, by the terms of the Contract Documents, constitute conditions to Contractor's right to receive payment for Work performed. B. Payments by City Pursuant to California Public Contract Code Section 20104.50, City shall make progress payment of undisputed sums due within thirty (30) Days after receipt by 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 7.03-13 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 7.04-13, 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 In 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. ARTICLE 7 GC-48 of 87 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 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. ARTICLE 7 GC-49 of 87 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: 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 ARTICLE 7 GC-50 of 87 2. Work covered by previous Applications for Payment are free and clear of liens, stop notices, claims, security interests or encumbrances imposed by 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 Contractors Application for Payment. Contractor shall, by appropriate agreement, require each Subcontractor to make payments to its subcontractors and material suppliers in similar manner. City shall have no obligation to pay or be responsible in any way for payment to a Subcontractor of any tier or material supplier. 7.08 PAYMENTS WITHHELD A. Withholding by City In addition to any other amounts which City may have the right to retain under the Contract Documents, City may withhold a sufficient amount of any payment otherwise due to Contractor as City, in its sole discretion, may deem necessary to cover actual or threatened loss due to any of the following: 1. Third Party Claims. Third-party claims or stop notices filed or reasonable evidence indicating probable filing of such claims or stop notices. City shall promptly inform Contractor of any third party claims related to this Contract; 2. Defective Work. Defective Work not remedied; 3. Nonpayment. Failure of Contractor to make proper payments to its Subcontractors for services, labor, materials or equipment; 4. Inability to Complete. Reasonable doubt that the Work can be completed for the then unpaid balance of the Contract Sum or within the Contract Time; 5. Vioiation of Applicable Laws. Failure of Contractor or its Subcontractors to comply with applicable laws or lawful orders of governmental authorities; ARTICLE 7 GC-51 of 87 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. 16. Other Breach. A breach of any obligation or provision of the Contract Documents. B. Release of Withholding It and when City determines, in its sole discretion, that the above grounds for withholding have been removed and that all losses incurred or threatened have been paid, credited or otherwise satisfied, then payment shall be made for amounts withheld because of them. C. Application of Withholding City may apply sums withheld pursuant to Paragraph 7.08-A above, in payment of any loss or threatened loss as City determines, in its sole discretion, to be appropriate. Such payments may be made without a prior judicial determination of City's actual rights with respect to such loss. Contractor agrees and hereby designates City as its agent for such purposes, and agrees that such payments shall be considered as payments made under Construction Contract by City to Contractor. City shall not be liable to Contractor for such payments made in good faith. City shall submit to Contractor an accounting of such funds disbursed on behalf of Contractor. As an alternative to such payment, city may, in its sole discretion, elect to exercise its right to adjust the Contract Sum as provided in the Contract Documents. .ARTICLE 7 GC-52 of 87 D. Continuous Performance Provided City pays the undisputed portion, it 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 2-2300, 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 Contractor and the City, upon the following conditions: 1. Contractor shall be the beneficial owner or any securities substituted for monies withheld for the purpose of receiving any interest thereon. 2. All expenses relating to the substitution of securities under Public Contract Code Section 22300 and under this Paragraph 7.04, including, but not limited to City's overhead and administrative expenses, and expenses of Escrow Agent shall be the responsibility of Contractor. 3. Securities or certificates of deposit substituted for monies withheld shall be of a value of at least equivalent to the amounts of retention to be paid to Contractor pursuant to the Contract Documents. 4. If Contractor chooses to deposit securities in lieu of monies withheld with an Escrow Agent, Contractor, City and Escrow Agent shall, as a prerequisite to such deposit, enter into an escrow agreement, using the City's form, "Escrow Agreement for Deposit of Securities in Lieu of Retention." 5. Contactor shall obtain the written consent of Surety to such agreement. 6. Securities, if any, shall be returned to Contractor only upon satisfactory Final Completion of the Work. B. Substitute Security To minimize the expense caused by such substitution of securities, Contractor shall, prior to or at the time Contractor requests to substitute security, deposit sufficient security to cover the entire amount to be withheld. Should the current market value of such substituted security fall below the amount for which it was substituted, or any other amounts which the City withholds pursuant to the Contract Documents, Contractor shall immediately and at Contractor's expense and at no cost to City deposit additional security qualifying under Public Contract Code Section 22300 until the current market value of the total security deposited is no less than the amount subject to withholding under the Contract Documents. Securities shall be valued as often as conditions of the securities market warrant, but in no case less frequently than once per month. ARTICLE 7 GC-53 of 87 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, 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 Contractors entitlement to an adjustment of the Contract Sum or Contract Time and complies with the requirements of Paragraph 7.11-B, below. For purposes of this Paragraph 7.11, a Claim for which such written notice is required and has been given by Contractor shall be deemed to arise on the date that such written notice is received by City. B. Content of Claim A Claim by Contractor must include all of the following: 1. A statement that it is a Claim and a request for a decision on the Claim; 2. A detailed description of the act, error, omission, unforeseen condition, event or other circumstance giving rise to the Claim. ARTICLE 7 GC-54 of 87 . 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 7.1 O-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'fallowing form: 1 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 Contractors behalf and/or on behalf of (Subcontractor's name) and that, to the best of my knowledge after conducting a diligent inquiry into the facts of the Claim,the following statements are true and correct: The facts alleged in or that form the basis for the Claim are, to the best of my knowledge following diligent inquiry,true and accurate;and, (a) I do not know of any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim materially misleading; and, (b) I have, with respect to any request for money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records (including those maintained by Contractor and by any Subcontractor, of any tier, that is asserting all or any portion of the Claim) and confirmed with reasonable certainty that the losses or damages suffered by Contractor and/or such Subcontractor were in fact suffered in the amounts and for the reasons alleged in the Claim;and, (c) I have, with respect to any request for extension of time or claim of delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules(including those maintained by Contractor and the Subcontractor, of any tier, that is asserting all or any portion of the Claim) and confirmed on an event-by-event basis that the delays or disruption suffered by Contractor and/or such Subcontractor were in fact experienced for the durations, in the manner, and with the consequent effects on the time and/or sequence of performance of the Work, as alleged in the Claim; and, ARTICLE 7 GC-55 of 87 (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 �. Noncompliance Failure to submit any of the information, documentation or certifications required by Paragraph 7.10-13, 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. ARTICLE 7 GC-56 of 87 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] ARTICLE 7 GC-57 of 87 ARTICLE 8- MATERIALS AND EQUIPMENT 8.01 GENERAL A. 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. 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 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 Contractor to call attention to apparent errors or omissions and request instructions before proceeding with the Work. Director may, by appropriate instructions, correct errors and supply omissions, which instructions shall be binding upon 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 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, 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. 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. 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 Director by 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 Contractor, the Specifications number and title, and a reference to the applicable Drawings and Specifications paragraphs. ARTICLE S C:C-58 of 87 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 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. &07 INSPECTION All materials furnished and work done under this Contract will be subject to rigid inspection. 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 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 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 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 ARTICLE 8 GC-59 of 87 Contract, Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to the 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 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 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 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] ARTICLE 8 GC-60 of 87 ARTICLE 9- SUBMITTALS 9.01 GENERAL A. Contractor shall submit samples, drawings, and data for the Directors approval which demonstrate fully that the construction, and the materials and equipment to be fumished 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 manufacturers recommendation of the interfacetintedock among the equipment. 4. For mechanical equipment submit all data pertinent to the installation and maintenance of the equipment including shop drawings, manufacturers recommended installation procedure, detailed installation drawings, test data and curves, maintenance manuals, and other details necessary. 5. Samples 6. Colors 7. Substitutions B. 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. 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. ARTICLE 9 GC-61 of 87 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 comer of each drawing and shall be clear of all line Work,dimensions,details, and notes. Sheet Sizes Height X Width 11"X81/2" 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. 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 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. ARTICLE 9 GC-62 of 87 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. Contractor shall modify the plan and/or timing sheet(s)in the traffic signal cabinet upon any addition, deletion, repair, or change in timing as soon as the work is completed. The legibility and contrast of each drawing submitted to the City shall be such that every line, number, letter, and character is clearly readable. B. Contractor shall notify the City of any and all changes to the plan and/or timing sheet(s). 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 Contract 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. 9.12 SCHEDULE OF SUBMITTALS A. Submit initial schedule of submittals within five(5)Working Days after the Issuance Date on Notice to Proceed. ARTICLE 9 GC-63 of 87 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 Contractor marked "No Exceptions Taken," "Make Corrections Noted - Do Not Resubmit,"or"Make Corrections Noted - Resubmit." Manuals, schedule of costs,and as-built drawings will be returned for re-submittal if incomplete or unacceptable. B. Submittals marked"Approved as Noted"need not be resubmitted,but the notes shall be followed. C. If submittal is returned for correction, it will be marked to indicate what is unsatisfactory. D. Resubmit revised drawings or data as indicated, in five(5)copies. 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. ARTICLE 9 GC-64 o187 2. Relieving 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] ARTICLE 9 GC-65 of 87 ARTICLE 10-SAFETY 10.01 PROTECTION OF PERSONS AND PROPERTY A_ Contractor's Responsibility: Notwithstanding any other provision of the Contract Documents, 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. Contractor shall furnish and maintain sanitary facilities by the worksites for the entire construction period. C. Protection of the Public. 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 Contractor has not taken sufficient precaution of public safety, protection of utilities and/or protection of adjacent structures or property, the Director will order Contractor to provide a remedy for the condition. It 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 bome by Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to Contractor. 10.02 PROTECTION FROM HAZARDS A. Trench Excavation Excavation for any trench four(4) feet or more in depth shall not begin until Contractor has received approval from the Director of 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 Contractor has received approval from the Director of 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 ARTICLE 10 GC-66 of 87 (3) Is not designed for continuous employee occupancy. Failure to submit a confined space entry program may result in actions as provided in Article 5:"Suspension or Termination of Contract." C. Material Safety Data Sheet Contractor shall comply with all of the provisions of General Industry Safety Orders of the California Administrative Code. 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. 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 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 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. 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 Contractors 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. ARTICLE 10 GC-67 of 87 E. Failure to Comply. Failure by Contractor to strictly comply with the requirements of this Paragraph 10.03 concerning the timing and content of any notice of Differing Site Conditions or request for adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be deemed waiver of any right by Contractor for an adjustment in the Contract Sum or Contract Time by reason of such conditions. F. Final Completion. No claim by Contractor for additional compensation for Differing Site Conditions shall be allowed if asserted after Final Payment. G. In the event of disagreement between 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 Contractors cost of, or time required for, performance of any part of the Work, 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. 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. 1. 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 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 Manual of Uniform Traffic Control Devices("MUTCD")handbook and as directed and approved by the Director. 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. ARTICLE 10 GC-68 of 87 10.06 TRAFFIC CONTROL DEVICES A. Traffic signs, flashing lights, barricades and other traffic safety devices used to control traffic shall conform to the requirements of the MUTCD 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 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 Contractor,and deduct the same from the next progress payment. 10.06 EXECUTION A. Except for an emergency call out, Contractor shall provide written notification to the Police Department at the address below: Police Chief Daniel Calleros Vernon Police Department 4305 Santa Fe Avenue Vernon CA,90058 Notification shall be sent at least two(2)weeks prior to the beginning of construction at any particular location. Notification will include the specific location,project dates,what lanes of the roadway will be closed and when. Also the construction project manager's name and business phone number and the construction inspector's name and business phone number. B. 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. Contractor shall notify the Vernon Fire Department, on a daily basis during the entire period that construction is in progress whenever roadways are reduced in width or blocked. Notification shall be made to the Fire Dispatch (323) 583-4821 and Contractor shall provide the information required to identify which roadways would have accessibility problems due to his/her operations. 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 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. ARTICLE to GC-69 of 87 E. Where alternating one-way traffic has been authorized, the maximum time that traffic will be delayed shall be posted at each end of the one-way traffic section. The maximum delay time shall be approved by the agency having jurisdiction. F. Contractor shall install temporary traffic markings where required to direct the flow of traffic and shall maintain the traffic markings for the duration of need. Contractor shall remove the markings by abrasive blasting when no longer required. G. Convenient access to driveways and buildings in the vicinity of Work shall be maintained as much as possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and kept in good condition. H. When leaving a Work area and entering a roadway carrying public traffic, Contractor's equipment, whether empty or loaded,shall in all cases yield to public traffic. 10.07 FLAGGING A. Contractor shall provide faggers 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 the City for requirements for building or access road safety improvements that Contractor shall construct during construction period. These devices or improvements, as the City deems necessary or prudent,shall be at the expense of Contractor. [END OF ARTICLE] ARTICLE 10 GC-70 of 87 ARTICLE 11 - INDEMNITY 11.01 INDEMNITY To the maximum extent permitted by law, 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, attomeys, 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 Contractor or City arising out of Contractor's Work,for which Contractor is responsible; C. Stop notices and claims for labor performed or materials used or fumished 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 Contractor in connection therewith; G. Breach of any duty,obligation, or requirement under the Contract Documents; H. Failure to provide notice to any Parry 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 Califomia Civil Code Section 2782, 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 Contractor's performance of the Contract or Final Payment to Contractor. The obligations apply regardless of any actual or alleged negligent act or omission of Indemnitees. Contractor, however, shall not be obligated under this Agreement to indemnify an Indemnitee for claims arising from the sole active negligence or willful misconduct of the Indemnitee or independent contractors who are directly responsible to Indemnitees. Contractor's obligations under this Article are in addition to any other rights or remedies which the Indemnitees may have under the law or under the Contract Documents. In the event of any claim, suit or demand made against any ARTICLE 11 GC-71 of 87 Indemnitees,the City may in its sole discretion reserve, retain or apply any monies due to Contractor under the Contract for the purpose of resolving such claims; provided, however, that the City may release such funds if 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 Contractor, a Subcontractor, anyone directly or indirectly employed by them,or anyone for whose acts they may be liable,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 Contractor or a Subcontractor under workers'compensation acts,disability benefits acts,or other employee benefits acts. [END OF ARTICLE] ARTICLE 11 GC-72 of 87 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 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 Contractor prior to the City's execution of the Contract. 12.02 MINIMUM COVERAGE AND LIMITS Contractor shall maintain the insurance coverage as set forth in Exhibit"4"throughout the term of the Contract. 12.03 CONDITIONS REGARDING INSURANCE COVERAGE AND LIMITS City and Contractor agree as follows: A. All insurance coverage and limits provided pursuant to the Contract Documents shall apply to the full extent of the policies involved, available or applicable. Nothing contained in the Contract Documents or any other agreement relating to City or its operations limits the application of such insurance coverage. B. None of the policies required by this Contract shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing by the City Attorney or City's Risk Manager. 12.04 INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY OBLIGATION This Agreement's insurance provisions: A. Are separate and independent from the indemnification and defense provisions in Article 12 of the Agreement;and B. Do not limit, in any way,the applicability,scope, or obligations of the indemnification and defense provisions in Article 12 of the Agreement. [END OF ARTICLE] ARTICLE 12 GC-73 of 87 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 attomey. 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 Stale 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 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. ARTICLE 13 GC-74 of 87 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] ARTICLE 13 GC-75 of 87 ARTICLE 14- LABOR PROVISIONS 14.01 WORKING HOURS A. Work or activity of any kind shall be limited to the hours from 7:00 a.m.to 7:00 p.m. No construction noise shall be permitted between the hours of 7:00 p.m.and 7:00 a.m.of the next day. B. Work in excess of eight(8) hours per day, on Saturdays, Sundays, or on City holidays requires prior consent of the Director and is subject to Cost of Overtime Construction Inspection. C. Night, Sunday and Holiday Work. No Work shall be performed at night, Sunday, or the ten (10) legal holidays to wit: New Year's Day, Martin Luther King, Jr. Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday following Thanksgiving Day, and Christmas Day, except Work pertaining to the public safety or with the permission of the Director, and accordance with such regulations as he/she shall furnish in writing. Before performing any Work at said times, except Work pertaining to the public safety, 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, Contractor will be inspected by the City at the expense of 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 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 Contractor for payment. C. There will be no charges to 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 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. 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. ARTICLE 14 GC-76 of 87 4. In the event City deems Contractor is in violation of this Paragraph 14.03, Contractor shall, as a penalty, forfeit Fifty Dollars ($50.00) for each worker employed in the execution of the Contract by 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). 5. Pursuant to SB 854, Contractor and any Subcontractors shall register and pay an annual fee to the Department of Industrial Relations. 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, Contractor and its Subcontractors shall pay the highest wage rate. 2. Contractor shall post a copy of the general prevailing rate of per diem wages at the job site. 3. 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. 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 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 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 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 Contractor at his/her own expense. ARTICLE 14 GC-77 of 87 B. Payroll Records 1. Pursuant to California Labor Code Section 1776, Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, Work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the Work. The payroll records shall be certified and shall be available for inspection. 2. 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, Contractor shall provide a copy of the certified payroll records along with a statement of compliance. 4. Pursuant to S8 854, Contractor and any Subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner(aka Division of Labor Standards Enforcement). 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. ARTICLE 14 GC-78 of 87 C. Payroll Records. Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman apprentice, worker or other employee employed in connection with the work. The payroll records shall be certified and shall be submitted to the Project Manager every two weeks. D. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract or Subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26 from the State Department of Industrial Relations) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right 10 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, 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 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 CHARACTER OF WORKERS 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, 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. 14.08 NO SMOKING—STATE LABOR CODE SECTION 6404.5 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] ARTICLE 14 GC-79 of 87 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 Contractors 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 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 ARTICLE 15 GC-80 of 87 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 parry 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 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] ARTICLE 15 GC-81 of 87 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] ARTICLE 16 GC-82 of 87 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 Contractors 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 and Architect 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, Contractor and ARTICLE 17 GC-83 of 87 Subcontractors are granted a limited, non-exclusive license, revocable at will of City, to use and reproduce applicable portions of the Contract Documents and Submittals as appropriate to and for use in the execution of the Work and for no other purpose. B. Documents on Site 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 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 parry'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 parry'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. ARTICLE 17 GC-84 of 87 17.06 SUCCESSORS AND ASSIGNS 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 ARTICLE 17 GC-85 of 87 Contract. They shall not be liable either personally or as employees of City for actions in their ordinary course of employment. No agent, consultant, Council member, officer or authorized employee of City, shall be personally responsible for any liability arising under the Contract. 17.10 NO ESTOPPEL City shall not, nor shall any officer thereof, be precluded or estopped by any measurement, estimate or certificate made or given by the City representative or other officer, agent, or employee of City under any provisions of the Contract from at any time (either before or after the final completion and acceptance of the Work and payment therefor) pursuant to any such measurement, estimate or certificate showing the true and correct amount and character of the work done, and materials furnished by 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 estoppel 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. It 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. ARTICLE 17 GC-86 ci 87 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 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] ARTICLE 17 GC-87 of 87 EXHIBIT 1 Bond No.: Premium Amount:$ Bond's Effective Date: PERFORMANCE BOND RECITALS: 1. The City of Vernon, California("City"), has awarded to (Name,address,and telephone of Contractor) ("Principal"), a Contract(the"Contract")for the Work described as follows Contract No. _ _.Proiect 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($ 1("the Bonded Sum"), this amount comprising not less than the total Contract Sum, in lawful money of the United States of America. The California Licensed Resident Agent for Surety is: (Name,address,and telephone) Registered Agent's California Department of Insurance License No. THE CONDITION OF THIS BOND'S OBLIGATION IS THAT,if Principal promptly and faithfully performs the undertakings, terms, covenants, conditions, and agreements in the Contract and Contract Documents (including all their amendments and supplements), all within the time and in the manner that those documents specify, then this obligation becomes null and void. Otherwise,this Bond remains in full force and effect,and the following terms and conditions apply to this Bond: 1. This Bond specifically guarantees Principal's performance of each obligation and all obligations under the Contract and Contract Documents, as they may be amended and supplemented—including, but not limited to, Principal's liability for liquidated damages, Warranties, Guarantees, Correction, and Maintenance obligations as specified in the Contract and Contract Documents—except that Surety's total obligation,as described here,will not exceed the Bonded Sum. 2. For those obligations of Principal that survive Final Completion of the Work described in the Contract and Contract Documents,the guarantees in this Bond also survive Final Completion of the Work. 3. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly: (a)remedy the default; (b)complete the Project according to the Contract Documents'terms and conditions then in effect;or(c)using a procurement methodology approved by City,select a contractor or contractors—acceptable to City—to complete all of the Work, and arrange for a contract between 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. EXHIBIT 1 - PERFORMANCE BOLD-1 of 3 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. 8. No right of action accrues on this Bond to any entity other than City or its successors and assigns. 7. If an action at law or in equity is necessary to enforce or interpret this Bond's terms,Surety must pay—in addition to the Bonded Sum—City's reasonable attorneys'fees and litigation costs,in an amount the court fixes. 8. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate,or withdraw from this Bond;or(b)this Bond becomes void or unenforceable for any reason. On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representative(s)under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name) (Name) Its: _ Its: (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: CORPORATE SEAL CORPORATE SEAL ■ THIS BOND MUST BE EXECUTED IN TRIPLICATE ■ EVIDENCE MUST BEATTACHEDOFTHEAUTHOWNOFANYPERSONSIGNINGASATTORNEY4 FACT, ■ THEATTORNEYaN-FACrS SIGNATURE MUST BENOTARIZED. ■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH,AREA CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By By Director of Public Works,Water&Development Services City Attorney EXHIBIT I - PERFORMANCE BOND-2 of 3 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 EXHIBIT I - PERFORMANCE BOND-3 of 3 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: Contract No. Project in Vernon,CA. 2_ Principal is required under California Civil Code Sections 3247-3248 and the terms of the Contract— and all contract documents referenced in it(°Contract Documents")—to furnish a bond guaranteeing Principal's paying claims, demands, liens, or suits for any work, labor, services, materials, or equipment furnished or used in the Work. 3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and made a part of it by this reference. OBLIGATION: THEREFORE,for value received,We, Principal and (Name,address,and telephone of Surety) ("Surety"), a duly admitted surety insurer under Califomia's laws,agree as follows: By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators, successors, and assigns to pay City the penal sum of Dollars($ )("the Bonded Sum"), this amount comprising not less than the total Contract Sum, in lawful money of the United States of America. The California Licensed Resident Agent for Surety is: (Name,address,and telephone) Registered Agent's Califomia Department of Insurance License No. THE CONDITION OF THIS BOND'S OBLIGATION IS THAT, if Principal or a subcontractor fails to pay (a) any person named in California Civil Code Section 3181, or any successor legislation; (b) any amount due under California's Unemployment Insurance Code, or any successor legislation, for work or labor performed under the Contract or Contract Documents; or (c) any amount under Unemployment Insurance Code Section 13020, or any successor legislation, that Principal or a subcontractor must deduct, withhold, and pay over to the Employment Development Department from the wages of its employees, for work or labor performed under the Contract or Contract Documents, then Surety shall pay for the same in an amount not-to-exceed the Bonded Sum. Otherwise, this obligation becomes null and void. While this Bond remains in full force and effect,the following terms and conditions apply to this Bond: 1. This Bond inures to the benefit of any of the persons named in California Civil Code Section 3181, or any successor legislation,giving those persons or their assigns a right of action in any suit brought upon this Bond,unless California Civil Code Section 3267,or any successor legislation,applies. EXHIBIT 2 -PAYMENT BOND-1 of 3 2. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract Documents, or the nature of the Work performed under the Contract or Contract Documents—including, without limitation, an extension of time for performance—does not, in any way, affect Surety's obligations under this Bond. Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement,or extension of time. 3. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's paying claims, demands, liens,or suits for any work, labor, services,materials,or equipment furnished or used in the Work. 4. If an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay—in addition to the Bonded Sum—City's reasonable attorneys'fees and litigation costs, in an amount the court fixes. 5. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate,or withdraw from this Bond;or(b)this Bond becomes void or unenforceable for any reason. On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representative(s)under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) {Signature) (Signature) By: By: (Name) (Name) Its: __ _ Its: (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: CORPORATE SEAL CORPORATE SEAL • THIS BOND MUST BE EXECUTED IN TRIPLICATE ■ EVIDENCE MUST BEATTACHEDOFTHEAUTHORITYOFANYPERSONSfGNINGASATTORNEY4N-FACT. ■ THE A TTORNMN-FA CT'S SIGNATURE MUST BE NOTARIZED. ■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH,AREA CORPORATION APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By By Director of Public Works,Water&Development Services City Attorney EXHIBIT 2-PAYMENT BOND-2 of 3 BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY-IN-FACT STATE OF CALIFORNIA J 7 ss. COUNTY OF J 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 EXHIBIT 2-PAYMENT BOND-3 of 3 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: Contract No. Project 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 ail 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($ 1("the Bonded Sum"), this amount comprising not less than the total Contract Sum, in lawful money of the United States of America. The California Licensed Resident Agent for Surety is: (Name,address,and telephone) Registered Agent's California Department of Insurance License No. THE CONDITION OF THIS BOND'S OBLIGATION IS THAT if the said Principal or any of his or her or its subcontractors, or the heirs,executors,administrators,successors,or assigns or assigns of any,all,or either of them, shall fail to execute within a reasonable amount of lime,or fail to respond within seven (7)days with a written schedule acceptable to the City for same, repair or replacement of any and all Work,together with any other adjacent Work which may be displaced by so doing, that proves to be defective in its workmanship or material for the period of one (1) year(except when otherwise required in the Contract to be for a longer period) from the date the City's Notice of Completion and Acceptance, or equivalent, is filed with the County Recorder,ordinary wear and tear and unusual abuse or neglect excepted with respect to such Work and labor, the Surety herein shall pay for the same, in an amount not exceeding the sum specified in this Bond. 1. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly remedy the default using a procurement methodology approved by City, select a contractor or contractors— acceptable to City to complete all of the Work, and arrange for a contract between 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. EXHIBIT 3—MAfNTENACE BOND-1 of 3 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 terns, Surety must pay, in addition to the Bonded Sum,City's reasonable attomeys'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. B. Death of the Principal shall not relieve Surety of its obligations hereunder. On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representative(s)under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name) (Name) Its: Its: - — — - (Title) (Title) � - - (Title) - - Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: CORPORATE SEAL CORPORATE SEAL ■ TM BOND MUSTBEFXECUTFD IN TRIVPl1C M • EMENCE MUST SEATTACHEDOFTFIEAUTWRrrYOFANYPFRSONSIGMNGASATTORN YaN-FACT. • THEATTORNEY-IN-FACT'SSIGNATUREMtISTSENOTARIZED. • A CORPORATE SEAL MUST BE IMPRESSED ON T11S FORM WHEN THE PRINCIPAL, OR THE SURELY, OR BOTH,ARE A CORPORATION. APPROVED AS TO SURETY&AMOUNT OF BONDED SUM: APPROVED AS TO FORM: By By Director of Public Works,Water&Development Services City Attorney EXHIBIT 3—MAINTENACE BOND-2 of 3 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 EXHIBIT 3—MAINTENACE BOND-3 of 3 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 small 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 CX,C,U") coverages as applicable); (b) Independent Contractor's Protective; (c) Independent Contractors; EXHIBIT 4—INSURANCE. REQUIREMENTS- 1 of 6 (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)IF REQUIRED 1. Contractor or Subcontractor shall obtain, pay for,and maintain for the duration of the Contract Contractors Pollution Liability insurance that provides coverage for liability caused by pollution conditions arising out of the operations of Contractor. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using Subcontractors,the policy must include work performed "by or on behalf'of the insured. 2. The policy limit shall provide coverage of no less than one million dollars($1,000,000) per claim and in the aggregate. Coverage shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically inured; cleanup costs;and costs of defense, including costs and expenses incurred in the investigation,defense,or settlement of claims. EXHIBIT 4—INSURANCE REQUIREMENTS-2 of 6 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-IF REQUIRED 1. Builder's Risk Insurance covering all real and personal property for"all risks"of loss or "comprehensive perils"coverage including but not limited to the perils of earth movement including earthquake and flood for all buildings,structures,fixtures, materials,supplies, machinery and equipment to be used in or incidental to the construction at the site,off site, or in transit,for the full replacement value of such properties. Coverage shall be included for property of other;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.o 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. Cary 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 discrefion. D. Commercial General Liability and Business Automobile insurance policies must be written on an "occurrence"basis and must add the City of Vemon 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 Contractors 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. EXHIBIT 4—INSURANCE REQUIREMENTS-3 of 6 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 EXHIBIT 4—INSURANCE REQUIREMENTS-4 of 6 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. 0. 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 carriers)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 Builderrs 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 terns 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. EXHIBIT 4—INSURANCE REQUIREMENTS-5 of 6 E. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that all required coverage is provided. Contractor agrees to obtain certificates evidencing such coverage. F. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such notice, but has the right(but not the duty)to monitor the handling of any such claim or claims if they are likely to involve City. G. No liability policy shall contain any provision or definition that would serve to eliminate so-called"third party action over'claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. H. Any"self-insured retention"must be declared and approved by City. City reserves the right to require the self-insured retention to be eliminated or replaced by a deductible. Self-funding, policy fronting or other mechanisms to avoid risk transfer are not acceptable. If Contractor has such a program, Contractor must fully disclose such program to City. EXHIBIT 4—INSURANCE REQUIREMENTS-6 of 6 EXHIBIT B SPECIAL PROVISIONS - SPECIFIC FOR THIS PROJECT CITYWIDE TRAFFIC SIGNAL MAINTENANCE,CONTRACT NO. CS-0541 GENERAL B-1.01 Scope of Work—The proposed project will consist of ongoing and regular field preventative maintenance and repair of traffic signal equipment, as further described in this special provision and Attachment "C" - Monthly Preventative Maintenance Tasks, and other related equipment by truly trained and qualified personnel. In addition, the Contractor shall provide and maintain Emergency Service response of the City's forty-one (41) signalized intersections on a 24-hour a day, 7 days per week basis, including all holidays. B-1.02 Contract Plans — The location map for City of Vernon Contract CS-0541 are shown on Attachment "A". The written locations for the 41 signalized intersections for this project are shown on Attachment `B". B-1.03 Specifications — Traffic Signal, street lighting and materials shall conform to the "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2012 Edition), State of California Department of Transportation (Caltrans) Standard Plans (2010 Edition) and the State of California Department of Transportation (Caltrans) Standard Specifications (2010 Edition). B-1.04 Length of Contract — This shall be a three year contract beginning upon City Council approval. B-1.05 Delays and Extensions of Time—The provisions of Section 6-6 entitled "Delays and Extensions of Time" of the Standard Specifications shall apply except as modified and supplemented below. The second paragraph of subsection 6-6.1 is hereby deleted and the following paragraph shall be inserted in its place: No extension of time will be granted for a delay caused by the inability of the Contractor to obtain materials, equipment and labor, except as authorized by the City Engineer. The length of contract time stipulated includes any time which may be required to obtain materials, equipment and labor, and the Contractor in submitting a bid shall be deemed to have ascertained the availability of materials, equipment and labor and considered same in his proposed construction schedule. B-1.06 Quality of Work—The provisions of Section 4-1.1 entitled "Materials and Workmanship" of the Standard Specifications (2012) 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. CS-0541 1 of 9 EXHIBIT B-SPECIAL PROVISIONS B-1.07 Liquidated Damages — As stated in Section 3.07 in Exhibit A — General Conditions, the Contractor shall pay the sum of $500.00 for each day past the first seven (7) working days of each month for non-completion of the Routine Maintenance-Inspection and Cleaning work. Contractor shall pay to the City, or have withheld from monies due it, the sum of$100.00 for each hour late when responding to emergency situations. 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 preventative maintenance work schedule to the City Engineer at the pre-construction meeting. This schedule must be reviewed and accepted by the City Engineer before the Contractor will be permitted to begin work. The Contractor shall give 48 hours' notice to the City Engineer prior to the start of the work. B-2.02 Working Days —All preventative maintenance work shall occur Monday thru Thursday between the hours of 7am-3:30pm, excluding emergency work. The Contractor shall perform said Monthly Maintenance during the first seven (7) working days of each month. B-3.01 Traffic Requirements - General — Before any partial or total closure of any street, the Contractor shall be required to obtain the approval of the City Engineer. The Contractor shall comply with Section 7-10 of the Standard Specifications and provide safe and continuous passage for pedestrian and vehicular traffic at all times, unless previously approved by the City Engineer. The contractor shall provide and maintain all necessary flagmen, barricades, delineators, signs, flashers and any other safety equipment as set forth in the latest publication of the State of California, Division of Highways, Traffic Manual or as required by the City Engineer to insure safe passage of traffic. In addition to the requirements of the "MUTCD" handbook, the City Engineer may require flatter traffic tapers, additional traffic control devices, barricading, and other signing in order to ensure driver awareness and safety in the construction area. Further, the Contractor shall provide Type II or Type III barricades and delineators at locations as determined by the City Engineer. The Contractor shall maintain continuous access to all businesses within the project limits. Any closed access or drive approach shall be immediately restored when the construction operation that necessitated such closure is completed. The following is a partial list of factors required to comply with this access requirement: a. Where a business or residence has more than one two-way drive, continuous access to at least one two-way drive shall be maintained at all times. b. In addition to the above, the Contractor shall be required to place trench plates over the excavated areas to allow temporary access to businesses when necessary. B-3.02 Traffic Requirements — Specific for this Project — In addition to the general specific requirements of Section B-3.01 of these Specifications, the following provisions shall apply unless otherwise directed by the City Engineer. a. Except for emergency work, the Contractor shall submit detour plans to the City Engineer for approval at least (10) ten calendar days prior to any proposed shutdowns CS-0541 9 of 9 EXHIBIT B-SPECIAL PROVISIONS where traffic flow has to be diverted. This will not apply for emergency responses. The posting of "NO PARKING" signs within the construction limits is permitted with the approval of the City Engineer. "NO PARKING" signs shall contain a "TOW AWAY" warning. These signs shall be furnished and maintained by the Contractor and shall be of the type approved by the City Engineer. Each sign posted shall have the date and time indicating the duration of the "NO PARKING" prohibition printed clearly in a manner acceptable to the City Engineer. New signs shall be posted when changes occur in the parking prohibitions indicated on the previously posted signs. Signs must be posted at least 72 hours in advance of construction or they are invalid. Signs shall not be attached to trees or taped to street light or traffic signal poles. The signs shall be effective for no more than three (3) calendar days and shall be removed within 24 hours after the work is complete. All signs, lights and other warning devices used shall be in accordance with State of California Business and Transportation City Department of Public Works Manual of Warning Signs, Lights and Devices for Use in Performance of Work on Highways. Contractor's costs for all the above signs shall be considered as included in the appropriate items and no extra compensation will be paid. B-4.01 Extra Work — In the event the City and the Contractor are unable to negotiate an agreed price for extra work, which is acceptable to both parties, payment shall be made based on time and materials as follows: a. Work by the Contractor: The following percentages shall be added to the Contractor's cost and shall constitute the markup for all overhead and profits: 1. Labor 20% 2. Materials 15% 3. Equipment Rental 15% 4. Other Items and Expenditures 15% b. Work by the Subcontractor - When all or any part of the extra work is performed by a subcontractor, the above markups shall apply to the aggregate sum of the extra work, regardless of the number of tiers of subcontractors used. In addition, a markup of 10-percent on the first $5,000 of extra work and 5-percent on work in excess of$5,000 may be added by the Contractor. B-4.02 Compliance with Laws. Regulations. and Safe Practices — The Contractor shall perform all work in a safe, competent manner and in accordance with all federal, state, and local statues, regulations, ordinances, rules, and governmental orders. The Contractor will be solely and completely responsible for the conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. Inspection of the Contractor's performance by the City, its agents, or employees is not intended to include review of the adequacy of the Contractor's safety measures in or near the job site. CS-0541 9 of 9 EXHIBIT B-SPECIAL PROVISIONS B-5.01 Construction Order of Work — Work shall be scheduled so as to lessen the impact upon businesses. Requirements—General: 1. All construction shall conform to Sections 6-1 and 6-2 of the latest edition of the Standard Specifications for Public Works Construction and shall proceed in a smooth, efficient, timely and continuous manner. As such, once construction is started in a work area, the Contractor will be required to work continuously in that work area until construction has been completed and the work area is open and accessible to both vehicular and pedestrian traffic in a manner approved by the City Engineer before the next stage of work will be allowed to begin. 2. Once construction is started in a work area, the Contractor shall not withdraw manpower or equipment from that work area in order to start construction in another work area if doing so, in the opinion of the City Engineer, delays the completion of the work presently under construction. 3. The Contractor shall maintain continuous access to all residents and businesses within the project limits, including drive approaches, unless the Contractor has obtained the approval of the City Engineer to close either such access or drive approach. 4. No stockpiling of material and construction equipment on public streets or sidewalks will be permitted on this project unless approved by the City Engineer. Material and equipment placed on public streets, sidewalks and on the construction areas shall be used the same day. B-8.01 Character of Workers — If any subcontractor or person employed by the Contractor shall appear to the City Engineer to be incompetent, intemperate, troublesome, or acts in a disorderly or otherwise objectionable manner, he shall be immediately discharge from the project on the requisition of the City Engineer, and such person shall not be reemployed on the work. If said individual has an ownership interest in the contracting entity, the City Engineer will serve written notice upon the Contractor and the Surety providing the faithful performance bond, in accordance with Section 6-4, "Default by Contractor," of the Standard Specifications, demanding complete and satisfactory compliance with the Contract. B-9.01 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-9.02 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-9.03 Dust Control — Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall abate dust nuisance by cleaning, sweeping and sprinkling water, or other means as necessary when requested by the City. Failure of the Contractor to comply with the City Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation nor extension of CS-0541 9 of 9 EXHIBIT B-SPECIAL PROVISIONS 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-9.04 Temporary Water Meter — If necessary, the Contractor shall obtain a temporary water meter from the City of Vernon Water Department by placing a deposit of $1000.00. 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-9.05 Cleaning of Site During Construction — During construction, all existing improvements adjacent to the work area shall be swept free from soils, gravel, dirt or debris on a daily basis. The Contractor will be responsible for such cleaning. B-9.06 Final Cleaning of Site and Restoration —The Contractor shall be responsible for cleaning and restoration of all damaged existing improvements such as sidewalk, driveway, curb and gutter, and private property at no cost to the City. The Contractor shall remove all loose aggregates by sweeping all the sidewalks and gutters. The cost of furnishing and operating such sweeping after the construction of the project must be included in the various bid items, and no extra compensation will be paid to the Contractor. B-10.01 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-11.01 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. CS-0541 9 of 9 EXHIBIT B-SPECIAL PROVISIONS 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. ROUTINE MAINTENANCE The Contractor shall enact a continuing comprehensive maintenance program designed to eliminate or reduce any incidence of malfunctions, complaints, and extension of the useful life of the City's traffic signal equipment. The program shall include at a minimum the following: B-12.01 Monthly and Annual Preventative Maintenance—The Contractor shall provide monthly and annual preventative maintenance on the forty-one (41) signalized intersections per the list of tasks in Attachment"C". The Contractor shall complete Monthly Preventative Maintenance Checks per the list for each maintenance inspection and shall indicate the minimum work required for each item. The contractor shall maintain a record of all service calls and work performed upon the signal equipment, listing dates, hour of day and description of service work performed. A copy of such record shall be maintained at all times within the controller cabinet at each signal location. A log sheet giving a brief description of all routine and extraordinary maintenance activities shall be attached to each monthly invoice. A monthly report of activities for each intersection's events, sorted by time, is to be included in the reports requested by the City. This is to be accompanied by a report of all activities sorted by time as well. The Contractor shall maintain electronic records of the completed checklist form for each intersection in the Contractor's MMS throughout the term of this contract. The Contractor is encouraged to make available via a web interface electronic records of the completed monthly preventative maintenance checks as well as activity reports in real time. The Contractor shall maintain two separate logs at each signalized intersection under this contract. One log shall detail each monthly and preventative maintenance inspection by the Contractor. The Contractor shall complete at a minimum on this log, the inspection date, arrival time, departure time, type of inspection, any findings or repairs, and the Contractor's employee name or ID. The other log shall detail any extraordinary repairs or service calls for the intersection. This log shall detail the nature of the emergency/service call, the Contractor's findings, the repair made, Repair Order number, if applicable, arrival time at the intersection, departure time, and the Contractor's employee name or ID. All information must be collected and submitted with the monthly invoice. 13-12.02 Traffic Signal Control Equipment—The Contractor shall repair, replace or otherwise render in good working order any and all defective parts of all traffic signal control equipment. Whenever the Contractor replaces any defective parts on either a temporary and/or permanent basis, the Contractor shall identify the parts being replaced by manufacture's make and model. Furthermore, the Contractor shall only use new parts for permanent replacement. Exceptions to this requirement shall only occur on an individual basis upon advance written approval from the City. No permanent changes of traffic signal control devices shall be done without prior written approval from the City. In addition, any changes shall also be indicated on the maintenance or repair log within the traffic signal controller cabinet. The Contractor agrees to notify the City in CS-0541 9 of 9 EXHIBIT B-SPECIAL PROVISIONS advance of any planned or scheduled traffic signal turn-offs/turn-ons only upon prior written approval by the City. 13-12.03 New Installation or Deletions- The Contractor shall maintain any new traffic signal equipment and any other related devices, which are installed for or by the City throughout the term of the contract. These devices will be deemed to be added to the existing signalized intersections listed on Attachment`B" when the City notifies the Contractor of the installation thereof. These added devices, regardless of the complexity and technology shall be maintained in the same manner and for the same flat rate as those devices already covered by the contract. Should responsibility for the maintenance of any current or future traffic signal device cease to be the City's, the City will notify the Contractor in writing of the last date to perform maintenance. EXTRAORDINARY MAINTENANCE 13-13.01 Definitions- Extraordinary maintenance shall consist of but not be limited to the following: a. Repair or replacement of failed or malfunctioning parts of the signal system if caused by vehicle collision, vandalism, civil disorder, windstorm, natural disasters, street construction, or excavation. b. Minor upgrading or installations as directed by the City. c. Replacement of detector loops including saw cut lead-ins as required. d. Replacement of pedestrian indications. e. Installation of complete new pedestrian heads. f. Installation or replacement of pedestrian push buttons. g. Installation of new traffic signal heads. h. Installation of Light Emitting Diodes ( LED's) as directed by the City representative. B-13.02 Notification- The Contractor shall contact the Public Works Director or his representative regarding any extraordinary maintenance work except emergency repairs and seek his/her prior approval in writing before the work is scheduled. The Contractor shall notify the City representative by telephone at least twenty-four(24) hours in advance before any work is commenced, except in emergencies where injury or property damage may result without prompt response. 13-13.03 Emergencies- The contractor shall respond immediately to emergency calls such as a total blackout, when directed by the City, and dispatch the qualified personnel and equipment to reach the site within two (2) hours under normal circumstances. For the emergency repair of a signal, which is totally blacked out, the following procedure of traffic control shall apply: a. The Contractor shall dispatch qualified personnel and equipment to reach the site within two (2) hours under normal conditions. The Contractor's vehicles shall carry traffic cones, flashing arrow boards, traffic warning signs, etc., which shall be used when directing traffic during an emergency and/or when deemed necessary by the signal technician, the City Engineer or his representative. b. If no police officer is present and temporary stop signs have been set up when the contractor arrives at the site, the Contractor shall set up more traffic warning and CS-0541 9 of 9 EXHIBIT B-SPECIAL PROVISIONS control devices, if deemed necessary, and proceed to repair the signal. After the signal is back in operation, the Contractor shall set the intersection in flash, remove all of the temporary traffic control devices and place those devices owned by the City off to the side of the road and then switch the intersection back to normal operation. c. If a police officer is still at the site when the Contractor arrives, the Contractor shall quickly examine the signal, evaluate the situation and discuss it with the police officer. If the repair will take only a few minutes, the police officer may stay to continue to direct traffic while the contractor repairs the signal. If the repair will take longer than the officer can wait, the Contractor shall immediately set up necessary traffic control devices and other necessary warning devices and relieve the police officer. B-13.04- Method of Payment- Upon receipt of an itemized invoice within thirty(30) days of completion of the work, City shall compensate Contractor for such repairs required beyond the scope of routine maintenance as follows: a. Materials- The city shall pay the Contractor for materials used in extraordinary maintenance per the bid items on the Bidder's Proposal plus the percentage markup specified in this agreement NOT TO EXCEED 15%. All materials and parts shall be new or have the approval of the City Engineer, if otherwise. The City has the right to inspect the Contractor's records to verify any material costs used in extraordinary maintenance. b. Direct Labor- The Contractor shall present with their monthly invoice with a record of hours spent in extraordinary maintenance of traffic signals and appurtenances per intersection. City shall pay the Contractor for such hours of extraordinary maintenance at the rates specified in this agreement. Said hourly rates shall be the total cost to the City. Rates shall include all compensation for wages, profit, overhead, any fringe benefits such as employer payments to, or on behalf of workmen for health and welfare, insurance worker's compensation, pension, vacation, sick leave or any local, State, Federal or union tax or assessment. c. Equipment- The City shall pay Contractor for equipment used in extraordinary maintenance on a per trip basis as specified in this agreement. The listing of per trip equipment rates shall constitute total rates to be paid by City when specified equipment is used. No additional payments of any kind shall be paid for equipment except as specified in this agreement of per trip rates as stated. No additional compensation shall be paid for transporting the equipment to or from the job site. B-14.01- Rewire- Rewire of any intersection will be charged on a time and material basis. Prior to any work of this type, a written proposal will be submitted by Contractor and approved by the Director of Public Works before any work commences. B-15.01- Knockdowns- All knockdowns (except for a Type I-A pole) will be charged on a time and material basis. A written proposal will be submitted by Contractor and approved by the Director of Public Works for the replacement of any damaged poles or mast arms before the order is placed. CS-0541 9 of 9 EXHIBIT B-SPECIAL PROVISIONS I. GENERAL MISCELLANEOUS RECORDS The contractor shall maintain a record of all service calls and work performed upon the signal equipment, listing dates, hour of day and description of service work performed. A copy of such record shall be maintained at all times within the controller cabinet at each signal location. A log sheet giving a brief description of all routine and extraordinary maintenance activities shall be attached to each monthly invoice. A monthly report of activities for each intersection's events, sorted by time, is to be included in the reports requested by the City. This is to be accompanied by a report of all activities sorted by time as well. NOTIFICATION The Contractor shall notify by telephone, the Public Works Director or his authorized representative, within 24 hours of the alteration of the operation of any signal or the installation or removal of any substitute controller or component. SHUTDOWNS The Contractor shall notify the Vernon Police Department and the Public Works Director or his authorized representative of any signal turn-offs or turn-ons necessitated by his operations and shall not make said turn-offs or turn-ons until a police officer is present or unless given permission to proceed without police control by the City Engineer or his authorized representative. COMPENSATION FOR ROUTINE MAINTENANCE The City will compensate Contractor at the agreed price per signalized intersection per month. Said compensation shall include all services rendered, labor, materials, equipment, overhead and profit. Delays due to Contractor are subject to liquidated damages as specified in the specifications (Section B-1.07). ADDITIONS TO SYSTEM The Contractor shall maintain, at the same unit price, additional traffic signals and appurtenant devices as they are installed, or become a part of the maintenance requirements of the City. In the event that notification is made of a new installation at the together than the beginning of a monthly period, the unit cost of routine maintenance will be prorated from the day the Contractor is notified. TYPES OF SIGNALS The agreed upon prices for both routine and extraordinary maintenance shall apply to all types of signal controllers, accessories and systems as may exist in the City now or that may be installed during the life of the contract. CS-0541 9 of 9 ndn 1N 3 W H 3V-L-LV — I e w, '.by ❑F��c� . �rJ = I I S1b'NJIS 0I-A-Jb'ZJ1 L33A HI 3-3 I . i �� H:�rra r•r 7 d,� 1 1 ATTACHMENT "B" VERNON SIGNALIZED INTERSECTIONS 1. 26TH STREET @ BONNIE BEACH PLACE 2. 37TH STREET @ SEVILLE AVENUE 3. ALCOA AVENUE @ FRUITLAND AVENUE 4. ALCOA AVENUE @ LEONIS BOULEVARD 5. ATLANTIC BOULEVARD @ 3030 ATLANTIC 6. ATLANTIC BOULEVARD @ BANDINI BOULEVARD 7. ATLANTIC BOULEVARD @ DISTRICT BOULEVARD 8. BANDINI BOULEVARD @ I-710 OFF-RAMP 9. BANDINI BOULEVARD @ BONNIE BEACH PLACE 10. BANDINI BOULEVARD @ PENNINGTON WAY 11. BANDINI BOULEVARD @ SIERRA PINE AVENUE 12. BANDINI BOULEVARD @ SUNOL/AYERS 13. BOYLE AVENUE @ FRUITLAND AVENUE 14. BOYLE AVENUE @ LEONIS BOULEVARD 15. BOYLE AVENUE @ RANDOLPH STREET 16. DISTRICT BOULEVARD @ LOMA VISTA AVENUE 17. DOWNEY ROAD @ DISTRICT/LEONIS BOULEVARD 18. DOWNEY ROAD @ FRUITLAND AVENUE 19. DOWNEY ROAD @ VERNON AVENUE 20. PACIFIC BOULEVARD @ FRUITLAND AVENUE 21. PACIFIC BOULEVARD @ LEONIS BOULEVARD 22. SANTA FE AVENUE @ 25TH/26TH STREET 23. SANTA FE AVENUE @ 27' STREET 24. SANTA FE AVENUE @ 28TH STREET 25. SANTA FE AVENUE @ 37TH STREET 26. SANTA FE AVENUE @ 38TH STREET 27. SANTA FE AVENUE @ VERNON AVENUE 28. SANTA FE AVENUE @ PACIFIC BOULEVARD/VERNON AVENUE 29. SANTA FE AVENUE @ 48' STREET 30. SANTA FE AVENUE @ FRUITLAND AVENUE/51IT STREET 31. SANTA FE AVENUE @ 55TH STREET 32. SLAUSON AVENUE @ ALCOA AVENUE 33. SLAUSON AVENUE @ BOYLE AVENUE 34. SOTO STREET @ 26TH STREET 35. SOTO STREET @ FIRE STATION#3 36. SOTO STREET @ 37TH STREETBANDINI BOULEVARD 37. SOTO STREET @ FARMER JOHN DRIVEWAY 38. SOTO STREET @ FRUITLAND AVENUE 39. SOTO STREET @ LEONIS BOULEVARD 40. SOTO STREET @ VERNON AVENUE 41. WASHINGTON BOULEVARD @ HOBART YARD DRIVEWAY ATTACHMENT "C" MONTHLY PREVENTATIVE MAINTENANCE TASKS I. ROUTINE MONTHLY MAINTENANCE GENERAL: It is the intent of the City of Vernon that the City's 41 traffic signals are maintained so as to provide the motoring public with a minimum of inconvenience caused by the failure of any signal components, and to present a well-kept signal installation. All traffic signal work: shall be performed in accordance with the current Standard Plans and Section 86. "Signals, Lighting, and Electrical Systems" of the Standard Specifications for the State of California, Department of Transportation and the current City Standard Traffic Details. This maintenance shall be extended to include future signal installations at the proposed unit prices. The following is a list of tasks to be completed for each intersection on a monthly basis. CONTROLLER CABINET: CONTROLLER CABINET MOUNTING: Check the snugness of the nuts on the cabinet anchor bolts, tighten, if necessary, being sure not to distort the cabinet door opening by over tightening. CONTROLLER CABINET FOUNDATION SEAL: If standing water or evidence of water is present inside the bottom of the cabinet, check the seal between the bottom of the cabinet and the foundation for deterioration; report the need for a reseal, as necessary. DOOR GASKETS: Check all door gaskets on the controller cabinet, service cabinet and any other enclosures for evidence of moisture or deterioration. Report the need to completely replace any gaskets showing signs of leaking or deterioration. CABINET VENTS: Check the vents in both the cabinet door and above the door, or at the top of the cabinet to ensure that they are free of any foreign material. AIR FILTER: Vacuum or knock the dust out of filters. Filters shall be changed every 6 months unless damaged. For any permanent filters, vacuum, wash or knock the dust out of the filter. Permanent filters require no replacing unless damaged. CABINET FAN: Verify that the cabinet fan operates properly with a minimum of noise. CS-0541 Attachment C-MONTHLY PREVENTATIVE MAINTENANCE TASKS 1 of 5 THERMOSTAT: Verify that the cabinet fan thermostat is set at 100 degrees. INTERIOR LIGHT: Verify the proper operation of the cabinet's interior light. If a manual light is installed, check for proper operation. DOOR PANEL HARNESSES: Check the harnesses leading from the main panel to the police and auxiliary panels on the cabinet door to ensure they are not being pinched and do not bind against the cabinet door. Adjust, if necessary. HINGES AND LOCKS: Check for free movement of all doors, latching assemblies and locks on the controller cabinet, service cabinet and any other enclosures. Use a minimum of oil or spray lubricant and remove any excess. City will specify the oil for this purpose which does not attract dirt or leave residue. VACUUM CABINET: Blow or brush off shelves, terminal blocks and components and thoroughly vacuum the interior of the cabinet, including the police panel. INSECT INFESTATION: Check for any signs of ants, wasps or other insects within the cabinet and report any positive findings for the City to take the necessary steps for extermination and prevention. CABINET GROUNDING: Using appropriate equipment, check during the 1 st month of the contract and then annually the resistance between AC and Ground. SERVICE CONNECTIONS: Verify that the neutral, ground and power connections are secure in the controller and service cabinets. PLUG-IN COMPONENTS: Check that each plug-in component Crack mount detectors, relays, load switches, etc.) fits tightly and securely. TERMINAL CONNECTIONS: Test during the 191 month of this contract and then semi-annually or following any wiring repair, each terminal screw by backing off slightly then retightening to confirm that it is secure. GROUND FAULT RECEPTACLE: Verify the proper operation of"Test" and "Reset" buttons on GFI type outlets. INTERSECTION RECORDS: CS-0541 Attachment C-MONTHLY PREVENTATIVE MAINTENANCE TASKS 2 of 5 Ensure that all intersection cabinet wiring diagrams are present Notify City representative if updates are required. Note all work, routine and extraordinary, in the log in the cabinet as to the reason for the call/work and results or work accomplished by date and time. CONTROLLER OPERATION: Manually place vehicle and pedestrian calls on each phase through the cabinet test switches or the controller key pad, to verify controller servicing of each active phase. Check controller logs for any faults that may have occurred and take notes for the file. CONFLICT MONITORIMALFUNCTION MANAGEMENT UNIT: Verify time and dates are correct in any CMU/MMU with an internal clock and for proper operation of the unit. DETECTOR OPERATION: Verify the detection zones for each detector by observing the turn-on of the appropriate detector indicator as a vehicle passes over the detector loop(s) or detection zone. Check also that a call is placed on the correct controller phase. Verify detection zone vertically above loops whenever a problem has occurred. EQUIPMENT DISPLAYS AND INDICATORS: Verify that all video, LED and LCD displays and indications on all cabinet equipment are working properly. SYSTEM TELEMETRY: Check operation of telemetry on controller display and modem, if equipped, located in the cabinet. Report any malfunction immediately. EMERGENCY VEHICLE PREEMPTION (EVP): Verify that the EVP is operating with the use of a strobe light. Report any malfunction immediately. INTERSECTION WALK-AROUND: GENERAL: Remove any easily removed, unauthorized signs and posters and report all graffiti existing on signal poles or equipment. SIGNAL HEADS: Verify that all vehicle and pedestrian signal heads properly display all indications and the signals are not damaged. Verify the alignment of all heads to the intended direction. Also verify that all backplates, visors and doors are visibly secure. PEDESTRIAN EQUIPMENT: CS-0541 Attachment C-MONTHLY PREVENTATIVE MAINTENANCE TASKS 3 of 5 Check all pedestrian push buttons and signals by band to ensure that they are securely mounted and operating properly. Contractor will maintain a supply of ADA push buttons, as these are to be repaired immediately on discovery and reported to City staff. MISCELLANEOUS: Check operation of safety lighting using the manual test switch located in the service cabinet Visibly check all signal-mounted signs and advance warning signs/beacons for deterioration, proper mounting, alignment and operation; Verify that all pullbox covers, hand hole covers, etc. are secured and not damaged or missing. Check all detector loops for sealant deterioration, exposed wire, etc. Record any problems or irregularities and take corrective action as soon as possible, for contractor provided services. Visibly check pullboxes for evidence of ants and gophers. Report any positive findings. LAMPS AND LIGHTING: When a vehicle or pedestrian indication is found to be out and the lamp and module is damaged, defective or past its useful life, the lamps/module shall be replaced without charge for labor or equipment using Dialight LED Ball Signal Modules (8 inch and 12 inch) and shall be fully compliant to the ITE VTCSH LED Circular Supplement specifications dated and adopted June 27, 2005. All Countdown Pedestrian Signals shall be replaced when needed with Dialight (I6x18), part number 43 0-6479-00 1 X. Contractor shall replace internally Illuminated Street Name Sign lamps as they become dim or inoperative. ISNS lamps shall be F72T2 Cool White Fluorescent lamps meeting the requirements of ANSI STD. C78. The Contractor shall during the 1 st of this month clean and polish all lenses and reflectors including illuminated street name signs and safety lights. The contractor shall replace burned out lamps as they occur under extra work charges. ANNUAL CONFLICT MONITOR TESTING: Replace conflict monitor's (CMU's, MMU's)with a spare unit and submit the monitors for testing and certification. It is suggested that ten (10) monitors be replaced and the originals be submitted for testing and certification on a rotating basis over 11 months. Printed certification is to be provided for each conflict monitor/malfunction management unit. The contractor will have available 6 spare MMU's and 4 spare CMU's for rotation use in testing. Testing of conflict monitors shall be included in price proposal for routine maintenance. PAINTING: Contractor shall repaint all metal standards, signal heads, back plates, visors, and controller housing (if already painted) on an annual basis, unless directed otherwise by the City. Repainting shall be completed in March each year and shall be conducted by spray painting methods. Colors as specified by the City. For those controller cabinets that have metal finishes, the Contractor shall wipe clean controller with detergent and shall apply clear protective coating. Detergent and coating per manufacturer's requirements. CS-0541 Attachment C-MONTHLY PREVENTATIVE MAINTENANCE TASKS 4 of 5 ROUTINE EMERGENCY SERVICES: The Contractor shall maintain a twenty-four(24)hour per day emergency service for the replacement of burned-out signal and safety lamps, adjustment of turned heads,repair of controller malfunctions or any damage creating a public hazard. The Contractor shall repair parts, replace parts and lamps, and otherwise keep the traffic signals in good working condition. This telephone number is to be made available to all persons designated by the City. The Contractor shall make immediate service calls on an emergency basis, responding within two (2) hours in the event of malfunctions of the controller or signal system or turned head. The replacement of burned-out signal lamps, internally illuminated street name sign lamps, or safety lights need not be on an emergency basis provided that there are at least two (2) indications still operative for each direction of travel. Such replacements shall be handled as soon as possible but in no case more than 48 hours. All labor, materials, equipment, travel, and parts for routine emergency service shall be included in the routine maintenance proposal price per signalized intersection per month, and no additional compensation will be allowed. CS-0541 Attachment C-MONTHLY PREVENTATIVE MAINTENANCE TASKS 5 of 5 EXHIBIT C LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than$10.30 per hour with health benefits, or$11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation,or personal necessity,and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay,treble damages for willful violations, and attorney's fees,or to compel City officials to terminate the service contract of violating employers. EXHIBIT D EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A Contractor certifies and represents that,during the performance of this Agreement, 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. Q�Yg ...,: RECEIVED n� APR 0 8 2015 CITY ADMINISTRATION STAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVICE DATE: April 21,2015 TO: Honorable Mayor and City Council PREPARED BY: Lissette Melendez,Associate Engineer 044L, APPROVED BY: Samuel Kevin Wilsol,'Director of Public Works,Water&Development Services RE: Easements for Public Road—Two Easements Located at 5119 District Boulevard Recommendation It is recommended that the City Council: A. Find that the acceptance of the Easements for Public Road proposed in this staff report are categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b) (3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Accept the Easements for Public Road, in substantially the same form as attached to this staff report, and authorize the Mayor to execute said documents. Background The Department has received two fully executed Easements for Public Road by 5119 District Boulevard Investors LLC, a Delaware limited liability company for the property located at 5119 District Boulevard, portions of assessor's parcel numbers 6314-001-900, 901, 902 and 6314-003- 900. The property at the above mentioned location is being redeveloped and the easements are for street purposes along District Boulevard and Atlantic Boulevard. The easements have been reviewed and approved as to form by the City Attorney's Office. Fiscal Imaact Acceptance of the proposed Easements has no fiscal impact. SKW:Im Attachment RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn: City Clerk SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE EASEMENT FOR PUBLIC ROAD FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, 5119 District Boulevard Investors LLC, a Delaware limited liability company (the "Grantor") HEREBY GRANT(S) TO: City of Vernon, a body corporate and politic (the "Grantee") An easement for public road over, across and under all that real property situated in the City of Vernon, County of Los Angeles, 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 o fw,ned by the Grantor. Date: lrC�4 �'S , 2015 GRANTOR: 5119 DISTRICT BOULEVARD INVESTORS LLC, a Delaware limited liability company By: PI District, LLC, a Delaware limited liability company, its Managing Member By: Pacific Industrial, LLC, a Delaware limited liability company, its Manager By: Joseph B.�Mshurdai Manger 06683\048\69823 70.v2 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 R N 0 It°f On Myfi 25 �Lybefore me, Levfo Rvvod �*&ck, oq Ulic, (Insert Name of Notary Publ&and Title) personally appeared wR 0 Srd1] who proved to me on the basis of satisfactory evidence to be the person(s) 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 signature(s) on the instrument the person(s), or the entity upon behalf on which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) KNV NUBIRT CMMK d' COM 12M73 � � a rarer nMuc-sue �l my CM Up.Pa.012412"A ue�Aw�u caNm 06683\048\6982370.v2 EXHIBIT A Legal Description of Easement Property BEING THAT PORTION OF LOT 67 OF TRACT NO. 7923,IN THE CITY OF VERNON,COUNTY OF LOS ANGELES,STATE OF CALIFORNIA,PER MAP RECORDED IN BOOK 113,PAGES 80 THROUGH 83,INCLUSIVE,OF MAPS,AND THAT PORTION OF RANCHO SAN ANTONIO PER MAP RECORDED IN BOOK 1,PAGE 389 OF PATENT, SHOWN AS "NOT A PART OF THIS SUBDIVISION" ON SAID TRACT NO.7923,ALL IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF PASADENA AVENUE (NOW ATLANTIC BOULEVARD),60.00 FEET WIDE,AND THE NORTHEASTERLY LINE OF FIFTY- SECOND DRIVE, 50.00 FEET WIDE,AS SHOWN ON SAID TRACT NO.7923; THENCE,ALONG SAID NORTHEASTERLY LINE OF FIFTY-SECOND DRIVE, SOUTH 54°34'54" EAST,76.04 FEET TO THE POINT OF CUSP WITH A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 52.00 FEET; THENCE,TRAVERSING THE INTERIOR OF SAID"NOT A PART OF THIS SUBDIVISION"AND SAID LOT 67,THE FOLLOWING COURSES: NORTHERLY 79.67 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87046153'1 TO A LINE PARALLEL WITH AND 26.00 FEET SOUTHEASTERLY OF SAID SOUTHEASTERLY LINE OF PASADENA AVENUE; ALONG SAID PARALLEL LINE,NORTH 33-11'59"EAST, 132.38 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 52.00 FEET; NORTHEASTERLY 56.50 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62°15'11"; SOUTH 84032'50"EAST, 168.61 FEET TO THE NORTHERLY LINE OF SAID LOT 67,ALSO BEING THE SOUTHERLY LINE OF FIFTY-SECOND STREET(NOW DISTRICT BOULEVARD),72.00 FEET WIDE,AS SHOWN ON SAID TRACT NO. 7923; THENCE,ALONG SAID SOUTHERLY LINE OF FIFTY-SECOND STREET, NORTH 82054138" WEST,226.09 FEET TO SAID SOUTHEASTERLY LINE OF PASADENA AVENUE; THENCE,ALONG SAID SOUTHEASTERLY LINE OF PASADENA AVENUE, SOUTH 3301 F59"WEST,206.41 FEET TO THE POINT OF BEGINNING. CONTAINING 4,663 SQUARE FEET,MORE OR LESS. SUBJECT TO COVENANTS,CONDITIONS,RESTRICTIONS,RESERVATIONS,EASEMENTS,AND RIGHTS-OF-WAY OF RECORD,IF ANY. A-1 06683\048\6940258.v2 EXHIBIT •#Bog SHEET 1 OF 2 A PORTION OF LOT G7. TRACT NO. 7923. M.B. 113 / 80-83. AND A PORTION OF RANCMO SAN ANTONIO. 1 / 38g OF PATENT, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES. STATE OF CALIFORNIA GRANT DEED l 0 Till 4 LOT G7 � 50' O _ z (s lu f) G %n 0 0 z ff) LOT GG LOT Jq l ! \ 30' GC 8 IL i ;r. x FIF _e GO p0 DRIVE LINE TABLE_ CURVE TAME NO, 13EARINGr DI5TANGE ND_ RADIUS DELTA LENGTH Ll 65e34'54"E 7G.04' Crl 52.00' 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 Easement for Public Road dated March 25, 2015, executed by 5119 District Boulevard Investors 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 April 21, 2015, and the grantee consents to recordation thereof by its duly authorized officer. Dated: . 2015 CITY OF VERNON W.MICHAEL MCCORMICK,Mayor ATTEST: MARIA E. AYALA, City Clerk APPROVED AS TO FORM: BRIAN BYUN, Deputy City Attorney RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn: City Clerk SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE EASEMENT FOR PUBLIC ROAD FOR VALUABLE CONSIDERATION,RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, 5119 District Boulevard Investors LLC, a Delaware limited liability company (the "Grantor") HEREBY GRANT(S) TO: City of Vernon, a body corporate and politic (the "Grantee") An easement for public road over, across and under all that real property situated in the City of Vernon, County of Los Angeles, 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. Date: I"1�I I�G�1 25 , 2015 GRANTOR: 5119 DISTRICT BOULEVARD INVESTORS LLC, a Delaware limited liability company By: PI District, LLC, a Delaware limited liability company, its Managing Member By: Pacific Industrial, LLC, a Delaware limited liability company, its Manager B:7 Joseph B. Mishurda Manager 06683\048\6982426.v2 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 ' w County of Lu Mpl o On d�� 5 before me, �� [ [° r� Q 1��J1 Q� MI �-- (Insert Name of Notary ublic and Title) personally appeared_ TWA M_ 4 9(it who proved to me on the basis of satisfactory evidence to be the person(s) 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 signature(s) on the instrument the person(s), or the entity upon behalf on which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signatti re (Seal) no WMV cow= t:oNrl.#Z4l49�1 �l ww 0 CM txM1 FI.13,00 06683\048\6982426.v2 EXHIBIT A LEGAL DESCRIPTION EASEMENT DEED THAT PORTION OF LOTS 3 THROUGH 17 OF TRACT NO. 7923, IN THE CITY OF VERNON. COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 113, PAGES 80 THROUGH 83, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF LOT 3; THENCE EASTERLY ALONG THE NORTHERLY LOT LINE OF SAID LOT 3 SOUTH 82'44'19" EAST 32.39 FEET TO AN ANGLE POINT; THENCE CONTINUING SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINES OF LOTS 3 THROUGH 17 INCLUSIVE, SOUTH 5427'16' EAST 892.65 FEET TO THE NORTHEASTERLY CORNER OF LOT 17 OF SAID TRACT NO. 7923; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 17 TO A UNE PARALLEL AND DISTANT 3 FEET FROM THE NORTHEASTERLY UNE OF SAID LOT 17; THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE NORTH 54'27'16" WEST 847.94 FEET TO A POINT ON A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 200 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 2957'45', AN ARC LENGTH OF 73.17 FEET MORE OR LESS TO A POINT ON THE SOUTHWEST LINE OF SAID LOT 3. SAID UNE BEING A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 596.70 FEET AND SAID POINT HAVING A RADIAL LINE BEARING SOUTH 6709'47' WEST; THENCE NORTH ALONG SAID CURVE THROUGH AN ANGLE OF 0'11'30' AN ARC LENGTH OF 1.99 FEET MORE OR LESS TO THE POINT OF BEGINNING. PROJECT TITLE CITY OF VERNON '&V CONSULTM H,. REFERENCE DATE SHEET NO. L= , 3/20/15 M% BUIUM K PB3 E+ 00 9VrM J.N. J SCALE Mrn�. R►� c�r�uk Mu EAX eW 9*-= N-A 1 1 EXHIBIT B S 82'44'19" E DISTRICT BLVD J S 5427'16" E 23.50' o POB w N 54 27'16" W I I w s62)s'47RW ARAD 2 0 00'5. 31 TRACT NO 7923 I w L=7317' MB 13-80/83 z 7. �O >6=0 7 7 lio" 4 I U L=7.99' H LL- 2 C9 H DISTRICT BLVD j 23,50' 0 O J W W W TRACT ; NO 7923 w I I 1 3 MB 13-80/83 I z I, 6 S 7 ti 8 y 9 10 x DISTRICT BLVD W 0 23,50' I I w �lY `' 7 I W 3, TRACT NO 7923 1 ww l 1 f MB 13-80/83 = C 12 13 l 14 15 1 16 1 17 Q "PROJECT iMLE CITY OF VERNON C,�m&VM MCI cE 'DarF 3�20/15 suer No. LM AM znm suss PEMM ON 9!(-= FtYrrFa� L �$ GILIl�/►00 FAX 90 9%,W J.N. SCALE 1"=50' 1 � 1 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 Easement for Public Road dated March 25, 2015, executed by 5119 District Boulevard Investors 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 April 21, 2015, and the grantee consents to recordation thereof by its duly authorized officer. Dated: . 2015 CITY OF VERNON W. MICHAEL MCCORMICK,Mayor ATTEST: MARIA E. AYALA, City Clerk APPROVED AS TO FORM: BRIAN BYUN, Deputy City Attorney 01 VAR RECEIVED �k,;.,., ti REDIVED APR 15 2015 f APR 0 6 2015 . _rMtti 1�d, CITY CLERK'S OFFICE J CITY ADMINISTRATIOC' STAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVICES Ens DATE: April 21,2015 TO: Honorable Mayor and City Council PREPARED BY: Lissette Melendez,Associate Engineer[ APPROVED BY: Samuel Kevin Wilso Director of Public Works,Water&Development Services RE: Electrical Easement—5970 Alcoa Avenue Recommendation It is recommended that the City Council: A. Find that the acceptance of the Electrical Easement proposed in this staff report is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b) (3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Accept the Electrical Easement, in substantially the same form as attached to this staff report, and authorize the Mayor to execute said document. Background The Department has received a fully executed Electrical Easement by The Conversion of R.C.C.I., a limited liability company for the property located at 5970 Alcoa Avenue, assessor's parcel number 6310-027-039. The property at the above mentioned location is being redeveloped and the easement is for the installation and maintenance of City owned electrical conduit and equipment serving the property. The easement has been reviewed and approved by the Gas & Electric Department and has been approved as to form by the City Attorney's Office. Fiscal Impact Acceptance of the proposed Electrical Easement has no fiscal impact. SKW:tm Attachment RECORDING REQUESTED BY and WHEN RECORDED, MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 ATTN: City Clerk MAIL TAX STATEMENTS TO: Exempt EASEMENT APN: 6310-027-039 DOCUMENT TRANSFER TAX IS NONE-NOT REQUIRED SEC. 11922 REVENUE TAXATION CODE. FOR VALUABLE CONSIDERATION,RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED. The Conversion of R.C.C.I., a California limited liability company(the "Grantor") HEREBY GRANTS TO: City of Vernon, a municipal corporation (the"Grantee") An easement for every purpose beneficial to the Vernon Light&Power Department,including,but not limited to,the right to install underground and overhead electric and other public utilities,with the right of ingress and egress over, under,across,and through that certain real property in the City of Vernon, County of Los Angeles, as described in Exhibit "A" attached hereto and made a part hereof as Exhibit`B"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. Date: F 2015 "Grantor" "Grantor" The Conversion of R.C.C.I., The Conversion of R.C.C.I., a Califo 'a li e liability company a California limited liability company I By: M' g Bin Kou By: Ming Shin Kou Its: M ger ember Its: Manager/Memb 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 Lo 2� A ng I e S On Vela— Z%ZO IS- before me, jW A d J 6• QAQ 11 . PtA ` (Insert Name of Notary Pub c and Title) I personally appeared K pLl s: M I /1 S� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that ha"e/they executed the same in hi@A ierltheir authorized capacity(ies), and that by r/their signature(s) on the instrument the person(s), or the entity upon behalf on which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. HO ARD o.CHOI Commission# 1941756 Notary Public-California z x Los Angeles County a Signature (Seal) �� My Comm.Expires Jul 19,2015 SNEDAKER LAND SURVEYING P.O.BOX 2305 IRWINDALE,CALIFORNIA 91706 (626)841-2403 (626)%6-7106 FAX FEBRUARY 4,2015 EXHIBIT A ELECTRICAL EASEMENT LEGAL DESCRIPTION THAT PORTION OF PARCEL 14 OF PARCEL MAP NO. 16480,IN THE CITY OF VERNON,COUNTY OF LOS ANGELES,STATE OF CALIFORNIA,AS PER MAP FILED IN BOOK 174 OF PARCEL MAPS,PAGES 71 THROUGH 78,INCLUSIVE,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: A STRIP OF LAND 5.00 FEET WIDE. .YING 2.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 14;THENCE SOUTH 01°14'52"EAST 59.30 FEET ALONG THE WESTERLY LINE OF SAID PARCEL 14 TO THE TRUE POINT OF BEGINNING;THENCE NORTH 66°35'51"EAST 49.38 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 5.00 FEET;THENCE ALONG SAID CURVE 1.93 FEET THROUGH A CENTRAL ANGLE OF 22°09'26"DEGREES;THENCE NORTH 88'45'17"EAST 230.97 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 5.00 FEET;THENCE ALONG SAID CURVE 7.83 FEET THROUGH A CENTRAL ANGEL OF 89°40'52"DEGREES TO A POINT,SAID POINT BEING CALLED POINT A FOR THE PURPOSES OF THIS LEGAL DESCRIPTION TOGETHER WITH A STRIP OF LAND 10.00 FEET WIDE LYING 6.00 EASTERLY AND 6.00 FEET WESTERLY OF THE CENTERLINE DESCRIBED AS FOLLOWS BEGINNING AT SAID POINT A THENCE SOUTH 01°33'51"EAST 10.00 FEET DRAFT RICHARD M.SNEDAKER,P.L.S.NO.7565 JOB NO. 15-018 "LC S01°14'52'E � 1 a 59.30' a S01014'52"E 354.26' 51.26' 273.00' MOO' I I 1,1 I I III I � �v III 1 j � a 2.5' 11 I ^0 z f II I � yy nn " 2.5' II � I � Ch N z ri co C7 C ) a I I I I C SO I on I r Eel m ro 1 1 m o I Oo OD c F- I— �' III � 1� a0°o l r co J 11 o y 1 W c5i 0 0 -P zQr I D 0 cJi+l m o I I I Ql r J 0 040 I I °w° Ia wi � �- � �!�o I I I I I III 1 000 ll 1 0 1 I i o 0 1 I � wz I 0 w I o cn l 1 > I Ri 30.05'_ 1 51.35' 27 .46' SO4 37 4i E 354.88 SNE3DAKER PFXPARm FM IATV: 2-04-1 s LAD SUHHEYNG Da$T B FEDCHAIEei M2ANRf RS Rsova PA.BOX 23M ELECTRCAL EASEMBW AD 15-018.dx SALE GALF47FirA YD SCALE Nis (GM SHEET 1 OF 1 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 dated February 2, 2015, executed by The Conversion of R.C.C.I., a 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 April 21, 2015, and the grantee consents to recordation thereof by its duly authorized officer. Dated: , 2015 CITY OF VERNON W. MICHAEL MCCORMICK, Mayor ATTEST: MARIA E. AYALA, City Clerk APPROVED AS TO FORM: BRIAN BYUN, Deputy City Attorney ��17 or REOFIVED L •i... .' APR 01 2015 �+� c �=::' t 6 L.;,J <�`rrer ' CITY CLERK'S OFFICE CITY ADMINISTRATION STAFF REPORT Public Works, Water and Development Services DATE: APRIL 7, 2015 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson, Director of Public Works, Water, and Development Services RE: Approval of a Resolution Updating the General Plan and approval of an Ordinance Amending the Zoning Code Recommendation The Project collectively includes the focused update to the General Plan and Zoning Ordinance and Map Amendments. City staff recommends that the City Council: 1. In accordance with the California Environmental Quality Act, contained in Public Resources Code commencing at Section 21000 and the California Code of Regulations, Title 14, Chapter 3, certifies the Supplemental Final Environmental Impact Report dated March 2015, adopt Findings of Fact and Statement of Overriding Considerations, and adopt Mitigation Measures and a Mitigation Monitoring and Reporting Program for the City of Vernon General Plan and Zoning Ordinance Update (State Clearinghouse No. 2007061031). It is further recommended that the City Clerk of the City of Vernon shall be designated as the custodian of all documents or other materials which constitute this record of proceedings upon which this decision is made; and 2. Adopt a Resolution adopting the General Plan Amendment. 3. Adopt an Ordinance adopting the Zoning Ordinance Amendment and Zoning Map. Backiround The General Plan is a comprehensive, long-range plan that guides decisions relating to land use, transportation, housing, public safety, use of open space and natural resources, parks and recreation, and noise in the community. The Zoning Ordinance implements the land use policies contained in the General Plan. The City of Vernon adopted comprehensive updates to the City of Vernon General Plan and Zoning Ordinance on December 3, 2007. The General Plan was amended in 2009 and 2013 to update the Housing Element and housing-related portions of the Land Use Element. The proposed project is a focused update to the General Plan to comply with new State laws and make adjustments to land use policy regarding commercial uses and trucking and freight terminals, among other minor amendments. The Zoning Code is the primary implementation tool of the General Plan. As part of the General Plan update project, modifications to the Zoning Code are proposed to maintain consistency with the General Plan and to modernize and respond to current issues and developments. Update to General Plan Elements Land Use Element The City of Vernon General Plan has one land use category(Industrial) and five overlay districts: Commercial,Rendering, Slaughtering,Housing,and Emergency Shelter. The update modifies and expands the area to which the Commercial Overlay applies. The Commercial Overlay, which currently applies to Santa Fe Avenue and portions of Soto Street,would also apply to an expanded area of Soto Street,portions of Pacific Boulevard, Atlantic Boulevard, and Slauson Avenue, along with a small area along Alameda Street. This expansion of the Commercial Overlay is intended to both meet the needs of the daytime employee population and allow for a broader mix of uses on aging industrial sites. A modification was also made to restrict the extent of the Housing Overlay in the southeast corner of the City to the properties actually occupied by the Meta Housing development. The update to the Land Use Element also includes new policies to facilitate more intensive employment-generating uses near transit stops and to allow truck terminals and freight operations in certain locations. In addition, flood hazard information is provided to comply with State law (AB 162). Circulation Element To respond to changes in the Land Use Element, the update also includes a related change to the Circulation Element—removing a policy that limited trucking facilities to existing locations. Safety Element AB 162 (and related revisions to Section 65302 of the California Government Code) requires an update to the General Plan to identify areas subject to flooding and to incorporate any newly available information. The Safety Element of the General Plan is revised to reflect updated flood risks based on the most recent available data from the Federal Emergency Management Agency (FEMA),including revisions to the FEMA Flood Hazard Zones Map(Figure S-3). Most data were added for informational purposes to comply with State law. One additional policy was added requiring housing to be located using the Housing Overlay District and to be located in limited areas where potential hazards can be avoided. Resources Element Pursuant to AB 162, identification of rivers, creeks, streams, flood corridors, riparian habitat, and land that may accommodate floodwater for purposes of groundwater recharge and storm water management are required in the Resources Element. To comply with this provision, additional information is provided in the Resources Element to clarify the lack of riparian habitat in Vernon. In addition, a new section of the Resources Element addresses AB 32, the Global Warming Solutions Act of 2006 and SB 375. A policy was added indicating the City will consult with other agencies to facilitate coordination on land use, circulation, and infrastructure improvement projects. Limited changes to the Resources Element are also included to reflect the most recent Urban Water Management Plan(UWMP) information available. Noise Element The Noise Element is updated with minor changes to consider noise impacts to any housing development that may be permitted within the Housing Overlay. Two existing policies are modified to require new developments to incorporate appropriate noise attenuation to achieve the City's noise standards and to minimize noise impacts on new residential development through carefully planned design and construction approaches that limit noise intrusion, where practical. Implementation Plan To correlate with new policies in the General Plan, focused new actions/modifications to existing Actions are proposed. The proposed amended General Plan,as revised and including the Draft Land Use Map,is attached herewith in Attachment A. Update to Zoning Ordinance and Zoning Map The City has drafted amendments to the Zoning Ordinance to achieve consistency with proposed Land Use Element Overlay Districts and the goals, policies, and implementation measures specified in the General Plan. New Overlay Zones These revisions include the establishment of a new Truck and Freight Terminal Overlay Zone(TF) and application of the overlay to approximately 1,065 acres of land located in the northern portion of the city. Additionally, given the expanded Commercial Overlay General Plan Land Use designation, the Commercial Overlay was revised to divide it into two overlay zones: C-1 and C- 2, with the overlay zones to be applied to approximately 281 acres and 177 acres, respectively. Additional Uses Permitted and Conditionally Permitted Additional land use categories were added, along with new definitions. For example, the update includes a new"Ancillary Retail Use"allowance whereby businesses may be permitted to dedicate a portion (no more than 10 percent) of existing industrial space to an ancillary retail use in connection with their Permitted Use. Such a use will facilitate sample sales and similar retail functions for manufacturing operations. Additional new uses defined include convention and entertainment venues (which shall not be permitted in the City), drive-through facilities, fueling stations, hazardous waste facilities, public utilities, tattoo parlors, trade schools, urgent care facilities, and wholesale uses. The intent of these new definitions is to provide modern definitions to reflect current zoning and use trends. New Development Standards for Billboards Oriented to 1-710 The revisions establish distancing requirements for billboards(i.e.,the allowable distance between such signs) that are designed to be primarily viewed from the I-710; the standards conform to Caltrans' standards. Standards are established for both digital and static (non-digital) billboards. Distancing requirements for billboards elsewhere in the City remain unchanged. Parking and Outdoor Storage Parking standards(spaces per use)are proposed for new uses in the Zoning Ordinance. The update extends the amortization date to 2020 for nonconforming outdoor storage and activities that occupy required parking spaces. The update also proposes a process whereby the required number of off- street Parking Spaces for an individual property/use may be reduced by outdoor storage and activities if a parking demand study is prepared that finds the project site has excess parking spaces beyond the permitted use's need.Additional standards were also added for the screening of outdoor storage and activities adjacent to residential uses. Nonconforming Buildings The South Coast Air Quality Management District (SCAQMD) is considering establishing regulations that would require certain existing rendering business to enclose some of their operations due to odor issues. To accommodate this proposed new regulation, the code amendments would modify the Zoning Code Restrictions on Nonconforming Buildings and Uses section to allow existing nonconforming buildings and uses to increase floor area/square footage if required by a governmental agency to reduce the environmental impacts caused by the use. Administrative Process and Permits The Zoning Ordinance amendments were also undertaken to facilitate administration processes and procedures. Three new permits are provided in the Zoning Ordinance: 1) a Minor Conditional Use Permit, 2) a Temporary Use Permit, and 3) a Special Event Permit. The purpose of the Minor Conditional Use Permit is to provide a business-friendly permit process for uses that may only be suitable in specific locations or designed and constructed in a particular manner or under certain conditions, but are of a scale that would be less impactful than those that may be permitted with a Conditional Use Permit. The permit process for a Minor Conditional Use Permit would not require a public hearing with the City Council, and could thus be issued more quickly. The new Temporary Use Permit process is intended to provide a process to authorize temporary, short-term activities that would be compatible with adjacent and surrounding uses. The Special Event Permit would facilitate temporary uses that are considered minor in nature by virtue of having minimal impact to surrounding properties, such as indoor or outdoor sales event of product normally stored or produced onsite, outdoor or indoor meeting, ground-breaking ceremony, holiday or special occasion party, or similar event. A public hearing is not required for the Director's decision on a Temporary Use Permit or the Vernon Fire Chief's decision on a Special Use Permit. The process for making Minor Modifications to existing Conditional Use Permits was also streamlined. In addition, the required findings for a variety of permits were updated to provide clarity in implementation. Time requirements for Conditional Use Permits were also extended(the use for which the Conditional Use Permit was granted would be allowed to lapse for a year,rather than 120 days). Definitions and Clean-up Further, the Amendment incorporates multiple new definitions and additional clean-up, non- substantive revisions to provide clarity in implementation of the Zoning Ordinance, including new graphics to illustrate standards. The draft ordinance is attached herewith as Attachment B. Zoning Map The Zoning Map is proposed to be amended to implement revised General Plan policy. To be consistent with General Plan changes, the Zoning Map identifies locations for the C-1 and C-2 zone overlays, consistent with the Commercial General Plan Overlay, and revises the boundaries of the existing Housing Overlay. The Truck and Freight Terminal Overlay Zone district is added to the draft Zoning Map. The draft Zoning Map is attached herewith as Attachment C. Outreach Summary and Community Input Two recent public workshops were held (January 26, 2015 and February 5, 2015) to discuss the Draft Zoning Ordinance amendments. Approximately 15 individuals attended each workshop. Also, a workshop was held in 2012 with the Chamber of Commerce to discuss options for amending the zoning ordinance. Comments received at the workshops included: 1) suggestion to allow adaptive reuse of existing buildings for residential uses and expanding the Housing Overlay area, 2) suggestion to allow wholesale businesses to sell at retail, 3) suggestion to allow industrial properties with on-site offices to rent/lease office space to outside users, and 4) concern about the landscape requirement for parcels within the C-1 and C-2 overlays. A memo summarizing meeting comments is attached herewith as Attachment D. Public Comment on Additional Housing: Staff has concerns with compatibility issues with the introduction of any housing when industrial prevail uses throughout Vernon. Because of the range of uses allowed in the Industrial zone, at any time a new industrial use could be established that might pose hazards to residential uses. The Housing Overlay gives the City the ability to assess any proposed housing development application on a case-by-case basis and only apply the overlay to properties where it makes good sense to do so, such as the recent Meta Housing development adjacent to existing residential uses in the city of Maywood. If Council would like staff to further investigate permitting additional housing, Staff recommends conducting a separate study to identify appropriate locations for the Housing Overlay zone. Public Comment on Allowing Wholesalers to Sell at Retail: As part of the draft Zoning Ordinance Amendments, a new ancillary retail use is proposed for the Industrial Zone. An ancillary retail use would be permitted with a Minor Conditional Use Permit. Public Comment on Leasing Offices within Industrial Uses: City staff agrees that the use of this space should be utilized and not subject only to the primary tenant of the space. As such, staff incorporated an additional amendment to the Zoning Ordinance to modify section 26.2.1-2 to allow the right to sublease to separate tenant office space areas. Public Comment on Landscaping: The C-1 and C-2 overlay zones include a requirement that at least five percent of the gross lot area be dedicated to irrigated landscaping that is visible from the street. The previous standard required one percent of the gross lot area to be dedicated to landscaping within the Commercial Overlay Zone. The intent of the revised landscaping requirement is to provide a good commercial interface for pedestrian activity along the streets. City staff believes that the proposed changes should not be modified and that landscaping should be required. CE A Adoption of the General Plan and Zoning Code amendments is considered a "project" under the California Environmental Quality Act (CEQA). The Project collectively includes the Proposed General Plan Amendments, General Plan Land Use Map Amendments, Zoning Ordinance Amendments, and Zoning Map Amendments. CEQA documentation must be prepared, and the City Council must make an environmental determination pursuant to CEQA prior to taking action on the project. On December 3, 2007, the City Council certified the FEIR for the General Plan and Zoning Ordinance Update. The 2007 FEIR for the General Plan and Zoning Ordinance Update examined the environmental effects associated with the adoption and long-term implementation of the City of Vernon General Plan and Zoning Ordinance update. In 2014, a Supplemental Environmental Impact Report (SEIR) for the project was prepared in compliance with CEQA, as established in Section 21000-21178 of the California Public Resources Code and Section 15000-15387 of the California Code of Regulations, to provide the environmental review for these proposed amendments to the General Plan and Zoning Ordinance. CEQA authorizes a City to prepare a Supplement to a previously certified EIR if some changes or additions are necessary to a previously analyzed project. The SEIR includes an analysis of potential environmental impacts associated with the proposed project; unavoidable significant impacts have been identified related to transportation/traffic, as was previously identified in the certified EIR. No other significant, unavoidable impacts have been identified. A copy of the Draft SEIR is attached herewith as Attachment E. The SEIR was available for a 45-day comment period from December 4,2015 to January 19,2015. Comment letters were received from the California Native American Heritage Commission, the California Department of Transportation(Caltrans), and The Ness Companies. A copy of the Final SEIR, which includes copies of the comment letters and responses to comments, is attached herewith as Attachment F. It is recommended that Findings of Fact and a Statement of Overriding Considerations (attached herewith as Attachment G)be adopted for the project subject to the mitigation measures set forth in the Mitigation Monitoring Reporting Program,attached herewith as Attachment H. It is further recommended that the City Council adopt the Mitigation Monitoring Reporting Program contained in Attachment F. i Fiscal Impact The City of Vernon contracted with consulting firm Moore Iacofano Goltsman, Inc. to assist with completing General Plan and Zoning Code Amendments.No additional fiscal impact is associated with adoption of the proposed amendments. Attachments: Attachment A—Draft Vernon General Plan Attachment B—Zoning Ordinance Attachment C—Zoning Map Attachment D—Memo summarizing meeting comments Attachment E-Vernon General Plan and Zoning Ordinance Update SEIR Volume I&II Attachment F-Vernon General Plan and Zoning Ordinance Update SEIR Volume III—Final EIR Attachment G—FEIR Findings of Fact&Statement of Overriding Considerations Attachment H—Mitigation Monitoring Reporting Program ORDINANCE NO . 1227 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF VERNON; ESTABLISHING ZONING DISTRICTS IN THE CITY AND REGULATING AND RESTRICTING THE USE, SIZE, AND THE LOCATION OF BUILDINGS AND IMPROVEMENTS ON LAND; THE USE OF LAND AND OPEN SPACE; ADOPTING A MAP SHOWING SAID ZONING DISTRICTS, DEFINING THE TERMS USED IN THE ORDINANCE; PROVIDING FOR ITS ADJUSTMENT, AMENDMENT AND ENFORCEMENT; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH WHEREAS, the City of Vernon (the "City" ) is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, the City Council of the City of Vernon ( "City Council" ) has caused an amended City of Vernon General Plan (the "Plan" ) to be prepared and adopted; and WHEREAS, the City Council has determined that certain changes to existing City ordinances are necessary in order to implement the goals and policies of the amended Plan; and WHEREAS, on December 17, 2007, the City Council of the City of Vernon adopted Ordinance No. 1139, as amended by Ordinance No. 1203 on March 5, 2013, adopting the comprehensive zoning ordinance of the City of Vernon; establishing zoning districts in the City and regulating and restricting the use, size, and the location of buildings and improvements on land; the use of land and open space; adopting a map showing said zoning districts, defining the terms used in the ordinance; providing for its adjustment, amendment and enforcement; and WHEREAS, a duly-noticed public hearing has been held to consider the proposed ordinance changes and public testimony has been received and considered; and WHEREAS, the City Council has not created a separate planning commission and performs all of the functions of a planning commission as authorized by Government Code Sections 65100 and 65861; and WHEREAS, the Comprehensive Zoning Ordinance of the City of Vernon is consistent with the amended Plan which has been adopted by the City Council by Resolution No. 2015-15 on April 7, 2015 ; and WHEREAS, the City Council has made the following findings as a result of this review and hearing: 1. That due and careful consideration has been given to the suitability of each and every zone for the regulations applicable to it, and that these regulations are found to best serve the stated purpose of each zone; 2 . That these regulations are in the public interest, and that due and careful consideration has been given to ensure consistency between these regulations and the Plan; 3 . That the property development standards included in this ordinance are necessary to preserve the community health, safety, and general welfare; to assure adequate levels of light and air; to promote the functional compatibility of uses; to promote the safe and efficient circulation of pedestrian and vehicular traffic; to conserve and stabilize the value of property; and to encourage the development of property in such a manner as not to adversely affect the use and enjoyment of adjoining lands; and WHEREAS, Chapter 4 . 1 (f) and (h) of the Charter of the City of Vernon provides that an ordinance shall amend a code or repeal any 2 - ordinance or code previously adopted. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS : SECTION 1 : The City Council of the City of Vernon hereby finds and determines that all the foregoing recitals are true and correct . SECTION 2 : ADOPTION OF AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE. The City Council of the City of Vernon hereby approves and adopts amendments to the Comprehensive Zoning Ordinance which has been presented to the City Council concurrently with this Ordinance . The City Council hereby orders the amended Comprehensive Zoning Ordinance to be received and filed by the City Clerk. The amended Comprehensive Zoning Ordinance submitted herewith is incorporated herein by this reference as though fully set forth at length. SECTION 3 : CERTAIN ORDINANCES REPEALED. Any ordinance or parts of an ordinance, specifically Ordinance Nos . 1139 and 1203 , in conflict with this Ordinance are hereby repealed. SECTION 4 : Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof . The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, - 3 - phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 5 : Book of Ordinances . The City Clerk, or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk' s, or Deputy City Clerk' s, certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk, or Deputy City Clerk, shall cause this ordinance to be published or posted as required by law. SECTION 6 : Effective Date . This Ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this 21st day of April, 2015 . Name : Title:-Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS T❑ FORM: Hema Patel, Cit Attorney 4 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, , City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1227 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, April 7 , 2015 , and thereafter adopted at a meeting of said City Council held on Tuesday, April 21, 2015 , by the following vote : AYES : Councilmembers : NOES : Councilmembers : ABSENT: Councilmembers : And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of April, 2015, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 5 -