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20160202 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 of YE$ Regular City Council Meeting Tuesday, February 2, 2016, 9:00 a.m. v~ � , Council Chamber 4305 Santa Fe Avenue Vernon, California W. Michael McCormick, Mayor s�"'ZLY IS'O William J. Davis,Mayor Pro-Tem Luz Martinez, Council Member Melissa Ybarra, Council Member Yvette Woodruff-Perez, Council Member CALL TO ORDER& FLAG SALUTE CHANGES TO THE AGENDA PUBLIC COMMENT - At this time the public is encouraged to address the City Council on any matter that is within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment on matters which are on the posted agenda during City Council deliberation on those specific matters. PRESENTATIONS 1. Swear-In Ceremony for promoted Fire Battalion Chief, Todd Painton. Regular City Council Meeting Agenda February 2, 2016 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 None. Minutes—To be Received and Filed None. Warrant Registers 2. Approval of City Warrant Register No. 1441, totaling$1,035,548.32, which covers the period of January 12, through January 25, 2016, and consists of the following: A. Ratification of wire transfers totaling $448,227.33; and B. Ratification of the issuance of early checks totaling $450,492.83; and C. Authorization to issue pending checks totaling $136,828.16. 3. Approval of Light & Power Warrant Register No. 406,totaling $3,092,474.85,which covers the period of January 12, through January 25, 2016, and consists of the following: A. Ratification of wire transfers totaling $3,023,612.74; and B. Ratification of the issuance of early checks totaling$62,977.82; and C. Authorization to issue pending checks totaling $5,884.29. 4. Approval of Gas Warrant Register No. 194, totaling $1,315,144.06,which covers the period of January 12, through January 25, 2016, and consists of the following: A. Ratification of wire transfers totaling $1,303,756.32: and B. Ratification of the issuance of early checks totaling $4,781.60; and C. Authorization to issue pending checks totaling $6,606.14. 5. Approval of RDA Obligation Retirement Fund Warrant Register No. 29, for the ratification of the issuance of early checks totaling $9,250.00. Page 2 of 7 Regular City Council Meeting Agenda February 2, 2016 Fire Department 6. Activity Report for the period of January 1 through January 15, 2016, to be received and filed. Police Department 7. Activity Log and Statistical Summary of Arrests and Activities for the period of January 1, through January 15, 2016, to be received and filed. Public Works, Water, and Development Services Department 8. Building Department Report for the month of December 2015, and the Annual Building Report for 2015, to be received and filed. NEW BUSINESS Fire Department 9. Approval of a Wireless Communications Use Agreement between the City of Montebello and the City of Vernon. Recommendation: A. Find that approval of the proposed agreement 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 and authorize the execution of a three-year wireless communications use agreement with the City of Montebello, a voting member of the Interagency Communications Interoperability System Governance Board ("ICIS"), in substantially the same form as submitted with the staff report,to allow the City of Vernon to share radio frequencies with a wide area interoperable radio network. 10. A Resolution of the City Council of the City of Vernon approving and authorizing the execution of a Verdugo Fire Communications Dispatch Service Agreement by and between the cities of Burbank, Glendale, Pasadena and the City of Vernon. Recommendation: Items A-D: A. Find that approval of the proposed resolution in the 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 Page 3 of 7 Regular City Council Meeting Agenda February 2, 2016 B. Approve and authorize the execution of a three-year Fire Communications Dispatch Service agreement with the City of Burbank, the City of Glendale and the City of Pasadena (hereinafter referred to collectively as the"Verdugo Cities"),in substantially the same form as submitted with the staff report, to provide dispatching services of emergency fire and medical response. The proposed contract would take effect July 1, 2016 and includes the purchase and installation of all equipment and infrastructure required to be compatible with Verdugo Communications system in the amount of $192,649, in addition,the City of Vernon Fire Department will pay$66.59 for each dispatched incident in the City and for certain mutual aid incidents outside the Verdugo dispatch system for Fiscal Year 2016--17; and C. Approve and authorize the execution of a Promissory Note with the City of Glendale, in substantially the same form as submitted with the staff report, which contemplates an advance of funds, in the amount of $192,649, for the purchase of equipment and services required to be compatible with Verdugo Communications system,in the form of payment to third parties for such purchase,which the City of Vernon will repay to the City of Glendale; and D. Authorize for the termination of the current dispatch service agreement with the Regional Joint Powers Communication Center effective June 30, 2015. Gas and Electric Department 11. Amendments to Power Purchase Tolling Agreement, Hoover Contract for Differences, Interconnection Transmission Services Agreement; Limited Waiver of Default; and Estoppel Certificate by and between the City of Vernon and Bicent California. Recommendations Items A-E: A. Find that (a) the amendments for agreements between the City of Vernon and Bicent California are not in reference to a "project" subject to the California Environmental Quality Act (CEQA) under Guidelines section 15378 because it involves the administrative activity of purchasing power; and (b) even if this approval were a "project" subject to CEQA, the approval requested is exempt 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 because purchasing power is purely a financial transaction, and any construction that may occur by a private party in the future in reliance on this approval would be subject to CEQA review by another governmental agency at that time when actual details of any physical proposal would be more than speculative; and B. Approve the following amendments between the City of Vernon (the "City") and Bicent California, in substantially the same form as attached with the staff report, for the purpose of acknowledging a change in control at Bicent California, the owner of the Malburg Generating Station (MGS) facility: 1. Third Amendment and Consent to Power Purchase Tolling Agreement("PPTA") 2. First Amendment and Consent to Hoover Contract for Differences ("CFD") Page 4 of 7 Regular City Council Meeting Agenda February 2, 2016 3. First Amendment and Consent to Interconnection Transmission Services ("ITS") Agreement; and C. Authorize the Director of Vernon Gas & Electric ("VG&E") to execute all aforementioned amendments between the City of Vernon and Bicent California which would provide City consent for the allowance of an owner change of MGS(the"Facility"),the addition of a new equity partner. There is no fiscal impact as a consequence of the implementation of the proposed amendments; and D. Approve and authorize the Director of VG&E to execute the Limited Waiver of Control Room Default under the Lease, in substantially the same form as attached with the staff report, pursuant to which Bicent waives (i) the City's existing Control Room Default and (ii) Bicent's Discharge Right limited exclusively to and arising out of such Control Room Default. With this execution of this agreement, Bicent forever waives the City's existing Control Room Default; and E. Approve and authorize the Director of VG&E to execute the Estoppel Certificate, in substantially the same form as attached with the staff report, which essentially summarizes the details of the Bicent transaction,proposed amendments, and waiver. Human Resources Department 12. A Resolution of the City Council of the City of Vernon adopting an amended and restated citywide fringe benefits and salary resolution in accordance with Government Code Section 20636(b)(1) and repealing all resolutions in conflict therewith. Recommendation: A. Find that approval of the resolution proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378; and B. Adopt the resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, effective February 2, 2016, to reflect the following provision: 1. Amend Exhibit A, Classification and Compensation Plan, as follows: a) Change salary grade for Deputy City Clerk to (C26 - $6,238 - $7582 — Confidential Group) C. Adopt the revised Deputy City Clerk Job Description, effective February 2, 2016, to reflect the following provision: 1. Adopt Revised Deputy City Clerk Job Description. Page 5 of 7 Regular City Council Meeting Agenda February 2, 2016 Public Works, Water and Development Services Department 13. Bid Award for Urban Forest Management Services, Contract No. CS-0607. Recommendation: A. Find that entering into the proposed contract for Urban Forest Management Services is exempt under the California Environmental Quality Act(CEQA)in accordance with(a)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) Section 15301, because the proposed service involves an existing project with negligible or no expansion of use; and B. Reject the bid of Trimming Land Company for the reasons set forth in the staff report; and C. Accept the bid from West Coast Arborists, Inc., and enter into the contract, in an amount not to exceed $258,973.00 for Urban Forest Management Services, Contract No. CS-0607. 14. Acceptance of Work of Sully Miller Contracting Company regarding Contract No. CS-0534 — Slauson and Boyle Avenue and Traffic Improvements. Recommendation: A. Affirm that accepting the work of Sully-Miller Contracting Company, for the Slauson and Boyle Avenue and Traffic Improvements, Contract No. CS-0534, is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15301, Existing Facilities, part (c), existing highways and streets, because the project is merely to repair existing streets; and B. Accept the work of Sully-Miller Contracting Company, as part of the Slauson and Boyle Avenue and Traffic Improvements,Contract No. CS-0534,and authorize the staff to submit for recordation a Notice of Completion for the project. 15. A Resolution of the City Council of the City of Vernon approving and accepting the grant deed dedicating in fee a portion of the property located at 4700 Alcoa Avenue. Recommendation: A. Find that accepting the Grant Deed is exempt from the California Environmental Quality Act (CEQA)in accordance with CEQA Guidelines section 15301(c)because if any construction occurs as a result of accepting and executing the Grant Deed, the work would merely involve negligible expansion of an existing street; and B. Adopt the proposed resolution to authorize the Mayor and City Clerk to execute the Certificate of Acceptance and the Grant Deed for approximately 1,251.00 square feet of land located at 4700 Alcoa Avenue. Page 6 of 7 Regular City Council Meeting Agenda February 2, 2016 ORAL REPORTS 16. City Administrator Reports—brief reports on activities and other brief announcements by the City Administrator and Department Heads. 17. City Council Reports—brief report on activities, announcements, or directives to staff. CLOSED SESSION 18. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957(b)(1) Title: City Attorney 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 28th day of January 2016. By: Maria E. Ayala City Clerk Page 7 of 7 5 - ° 'YLY 171 ;` RECEIVED RECEI�77?70 JAN 2 5 2016 JAN 2 7 2016 STAFF REPORT CITY ADMINISTRATION CITY CLERK'S OFFICE FIRE DEPARTMENT DATE: February 2, 2016 TO: Honorable Mayor and City Council FROM: Michael A. Wilson, Fire ChieMAinistrative Originator: Adriana Ramos, Secretary RE: Badge Presentation Ceremony Recommendation Fire Chief, Michael A. Wilson, to present badge and recognition to the Fire Department's newly promoted Fire Battalion Chief, Todd Painton. Background The Fire Department recently conducted an assessment center examination for the position of Fire Battalion Chief. It was determined that Captain Todd Painton be promoted to the open positon of Fire Battalion Chief. Fiscal Impact There is no fiscal impact to the City's general budget as this positon was included in the 2015- 2016 fiscal year budget. Attachments) None Page 1 of 1 Q L W o'C C%j ti — E 70 W _ Z — •L) Q Z .4- LIJ C Q = o (1) N � U a) s c CD to N m cc 0 Z `~ 0 c cu W (4 Q mw i:% a InE Iwo F- is m E o c ItA/ � '_5 E tt c� U c CV) Oa U. � 3 a o0 W o a) Z � V O U 2 Q � flC13 L.L. V CO _ `o tM Cl) O? M M uJ '� 4— 0 c � � � � m O C �c7 N � Lo C � H O 0 o o U o W r N o U Y � N Z U 1 N N 5 =L c� o o hoc' _ Q r ;, C .� (� O '� c N eq LL r L U C (4 Q Q K N O (LU N N LU N O ` Z O "' .r N N fn N ` ram.. 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O O CL a ID Y J V a U a w (n J o a N U 0 N J 0 d' -j G Z cc j w m a a 0 a ti N r � a r r0 Z v a W� N W W Y N V Y0 `y a p r0 WAG 7 a Z W m m O N ° a ro u rm � z ro p, r RECEIVED RECEIVED � _of � JAB 2 6 2015 JAN 2 7 2016 tt a It CITY ADMINI T CITY CLERICS OFFICE FIRE DEPARTMENT Michael A. Wilson,Fire Chief 4305 Santa Fe Avenue,Vernon, California 90058 Telephone(323)583-8811 Fax(323) 826-1407 January 26, 2016 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 January 1, 2016 through January 15, 2016. Respectfully Submitted, ke- A.z Mii son Fire Chief MAW:ar Fireletnow E .cfusivefy Inditstnaf VERNON FIRE DEPARTMENT COMPANY ACTIVITIES January 1,2016 to January 15,2016 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections(#): 41 41 10 10 Re-Inspections (#): 26 26 6 6 Spec. Haz. Inspections (#): 3 3 0 0 Total Inspections: 70 70 16 16 Total Man Hours: 85 85 18 18 TRAINING(HOURS). Firefighting 85 85 73 73 Hazardous Materials 65 65 36 36 Safety 136 136 127 127 Apparatus Operations 138 138 123 123 Equipment Operations 139 139 112 112 CPR 7 7 0 0 First Aid 15 15 19 19 Total Hours: 585 585 490 490 PRE-INCIDENT(HOURS) Planning 73 73 84 84 District Familiarization 79 79 82 82 Total Hours: 152 152 166 166 PERIODIC TEST(HOURS): Hose Testing 16 16 0 0 Pump Testing 10 10 0 0 Total Hours: 26 26 0 0 Page 1 PUBLIC SERVICE PROGRAMS (HOU S) School Programs 5 5 3 3 Fire Brigades 5 5 4 4 Emergency Preparedness 20 20 23 23 Total Hours: 30 30 30 30 ROUTINE MAINTENANCE (HOURS): Station 130 130 128 128 Apparatus 142 142 133 133 Equipment 138 138 138 138 Total Hours: 410 410 399 399 Grand Total Hours: 1288 1288 1103 1103 Fireactivity Page 2 m r 0 x n � N N 00 .00 ov% 4 Voo A O x N r Q � N 3n t osz 1*6 tq, W UA Z � Incident Type Incident Date PREVENTION FOLLOW-UP? Shift 321 EMS call, excluding vehicle accident with inju 01/01/2016 14:56:58 No 311 Medical assist, assist EMS crew 01/02/2016 22:27:11 No 700 False alarm or false call, other 01103/2016 02:28:12 No 311 Medical assist, assist EMS crew 01/03/2016 09:42:10 No 321 EMS call, excluding vehicle accident with inju 01/0312016 17:02:06 No 321 EMS call, excluding vehicle accident with inju 01/04/2016 11:08:19 No 743 Smoke detector activation, no fire- unintenti 01/04/2016 11:16:09 No 324 Motor vehicle accident with no injuries 01/05/2016 05:46:48 No 321 EMS call, excluding vehicle accident with inju 01/05/2016 06:19:57 No 735 Alarm system sounded due to malfunction 01/05/2016 06:36:00 No 700 False alarm or false call, other 01/05/2016 07:13:12 No 745 Alarm system activation,no fire,unintentional 01/05/2016 12:41:22 No 813 Wind storm, tornadolhurricane assessment 01/05/2016 12:44:23 No 400 Hazardous condition, other 01/05/2016 12:44:42 No 813 Wind storm, tornado/hurricane assessment 01/05/2016 12:46:44 No 800 Severe weather or natural disaster, other 01/05/2016 12:49:31 No 444 Power line down 01/05/2016 12:56:29 No 400 Hazardous condition, other 01/05/2016 13:18:02 No 700 False alarm or false call, other 01/05/2016 14:18:32 No 321 EMS call, excluding vehicle accident with inju 01/05/2016 18:51:14 No 321 EMS call, excluding vehicle accident with inju 01/06/2016 09:36:48 No 611 Dispatched &canceled en route 01/06/2016 20:48:26 No 571 Cover assignment, standby, moveup 01/06/2016 21:05:51 No 700 False alarm or false call, other 01/06/2016 23:04:15 No 740 Unintentional transmission of alarm, other 01/0712016 06:49:29 No 413 Oil or other combustible liquid spill 01/07/2016 09:27:57 No 311 Medical assist, assist EMS crew 01/07/2016 12:47:23 No 700 False alarm or false call, other 01/07/2016 21:18:33 No 740 Unintentional transmission of alarm, other 01/08/2016 02:46:33 No 300 Rescue, EMS incident, other 01/08/2016 12:51:19 No 700 False alarm or false call, other 01/08/2016 14:01 A7 No 700 False alarm or false call, other 01/08/2016 15:21:27 No 01/08/2016 15:31:06 No 322 Motor vehicle accident with injuries 01/08/2016 17:40:34 No 322 Motor vehicle accident with injuries 01/08/2016 20:20:23 No 700 False alarm or false call, other 01/08/2016 20:20:51 No 710 Malicious, mischievous false call, other 01/10/2016 15A3:19 No 611 Dispatched &canceled en route 01/10/2016 23:31:17 No 321 EMS call, excluding vehicle accident with inju 01/11/2016 06:04:18 No 322 Motor vehicle accident with injuries 01/11/2016 06:26:39 No 741 Sprinkler activation, no fire-unintentional 01/11/2016 09:05:09 No 324 Motor vehicle accident with no injuries 01/11/2016 17:30:40 No 700 False alarm or false call, other 01/12/2016 06:52:32 No 700 False alarm or false call, other 01/12/2016 16:54:14 No 321 EMS call, excluding vehicle accident with inju 01/12/2016 17:34:12 No 740 Unintentional transmission of alarm, other 01/13/2016 02:34:24 No 700 False alarm or false call, other 01/13/2016 08:22:44 No 311 Medical assist, assist EMS crew 01/13/2016 10:44:31 No 321 EMS call, excluding vehicle accident with inju 01/13/2016 10:53:33 No 311 Medical assist, assist EMS crew 01/13/2016 13:53:44 No 311 Medical assist, assist EMS crew 01/13/2016 15:57:44 No 700 False alarm or false call, other 01/13/2016 16:50:29 No 324 Motor vehicle accident with no injuries 01/14/2016 06:39:50 No 741 Sprinkler activation, no fire-unintentional 01/1412016 07:43:16 No 321 EMS call, excluding vehicle accident with inju 01/14/2016 12:05:40 No 700 False alarm or false call, other 01/14/2016 16:34:04 No 324 Motor vehicle accident with no injuries 01/15/2016 08:48:38 No 700 False alarm or false call, other 01/15/2016 13:29:43 No 300 Rescue, EMS incident, other 01/15/2016 17:38,26 No �e 0 N N� O z w 2 t O (1) �1 11 � IL +J N w Ln1 VM qp •� N W Q V c C " a or �■■1 � V N w a C r H � z � c ,- 0 z a wr N N !V r r r T[ M %D N M r M .+ M IA i Q a � Q � � a � r.r co No W CL mV � 2 °C � � 3 � � oayti �i � a # +g U W W J U N Y Z W W W W W W W W W W W w W W LL LL U. U. U. LL W Vf N w RECEIVED 0j" JaN 19 2016 '0 CITY AQMI N 1XV- —f J 0 19 job GLERKS �,C� POLICE DEPARTMENT C1� Daniel Calleros,Chief of Police 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)587-5171 Fax(323)826-1481 January 18, 2016 Honorable City Council 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., January 1, 2016 up to and including midnight of January 15, 2016. Respectfully submitted, VERNON POLICE DEPARTMENT "�G DANIEL CALLEROS CHIEF OF POLICE DC/ar F.,cCusavefy Industrial VERNON POLICE DEPARTMENT Department Activity Report First Date: 01/0112016 Jurisdiction: VERNON Lasl Date: 0111512016 Departniem Complaint All Units Primary Unit Type Description VPD 10-6 OFFICER IS 10-6 C7.961,962.10-10.WASH. EQUIPA 125 1 i? 10-96H PICK UP THE JAIL PAPER WORK FROM HP JAIL 2 10-96M 10-96 MARY(MAIL DETAIL) 4 4 140 SUPPLEMENTAL REPORT 4 4 20001 INJURY HIT AND RUN 3 1 20002 NON-INJURY HIT AND RUN 3 1 20002R NON-INJURY HIT AND RUN REPORT 3 2 211 ROBBERY 3 1 211 S SILENT ROBBERY ALARM 5 1 242 BATTERY 5 1 242R BATTERY REPORT 3 1 415 DISTURBING THE PEACE 16 5 415R DISTURBING THE PEACE REPORT 3 1 422R TERRORIST THREATS REPORT 2 2 459A AUDIBLE BURGLARY ALARM 108 52 459R BURGLARY REPORT 10 3 459S SILENT BURGLARY ALARM 4 2 459VR BURGLARY TO A VEHICLE REPORT 11 6 476R FRAUD REPORT 2 1 484R PETTY THEFT REPORT 9 6 487R GRAND THEFT REPORT 3 2 586 PARKING PROBLEM 12 10 586E PARKING ENFORCEMENT 5 4 594 VANDALISM 6 2 594R VANDALISM REPORT 5 5 602 TRESPASS 9 4 653M ANNOYING PHONE CALLS 1 1 901 UNKNOWN INJURY TRAFFIC COLLISION 7 1 901T INJURY TRAFFIC COLLISION 12 4 902T NON-INJURY TRAFFIC COLLISION 41 27 902TR NON-INJURY TRAFFIC COLLISION REPORT 3 2 909T TRAFFIC HAZARD 3 2 911 911 MISUSE 1 HANGUP 5 3 911A CONTACT THE REPORTING PARTY 9 5 917A ABANDONED VEHICLE 3 2 925 SUSPICIOUS CIRCUMSTANCES 28 10 927 UNKNOWN TROUBLE 2 1 A484 ATTEMPT PETTY THEFT 3 1 A484R ATTEMPT PETTY THEFT REPORT 3 1 AB109 PROBATION 1 PAROLE COMPLIANCE CHECKS 4 1 AGGR ANI AGGRESSIVE ANIMAL 1 1 AGTAR ATTEMPT GRAND THEFT AUTO REPORT 1 1 ASTVFD ASSIST VERNON FIRE DEPARTMENT 23 13 BARCK BAR CHECK 2 1 BOSIG BROKEN SIGNAL OR LIGHT 4 1 BOVEH BROKEN DOWN VEHICLE 17 11 CITCK CITATION CHECK 9 8 CIVIL CIVIL MATTER 1 1 0111612016 00:14:42 Page 1 of 2 VERNON POLICE DEPARTMENT Department Activity Report First Date: 01/01/2016 Jurisdiction: VERNON Last Date: 01/15/2016 Department Complaint All Units Primary Unit Type Description VPD COP COP DETAIL 4 3 DET DETECTIVE INVESTIGATION 49 18 DETAIL DETAIL 6 5 OPTAST DEPARTMENTAL ASSIST 1 1 DUI DRIVING UNDER THE INFLUENCE 1 1 FILING OFFICER IS 10-6 REPORT WRITING 43 43 FU FOLLOW UP 6 5 GTAR GRAND THEFT AUTO REPORT 8 7 HBC HAILED BY A CITIZEN 9 4 JAILPANIC TEST THE JAIL PANIC ALARM BUTTON 1 1 KTP KEEP THE PEACE 5 2 LOCATE LOCATED VERNON STOLEN VEHICLE 1 1 LOJACK LOJACK HIT 3 3 LPR LICENSE PLATE READER 5 1 PANIC ALARM PANIC ALARM/DURESS ALARM 19 5 PAPD PUBLIC ASSIST-POLICE 2 1 PATCK PATROL CHECK 93 75 PDO PROPERTY DAMAGE ONLY 2 2 PEDCK PEDESTRIAN CHECK 97 51 PLATE LOST OR STOLEN PLATES REPORT 2 2 PRSTRAN PRISONER TRANSPORTED 4 4 REC RECOVERED STOLEN VEHICLE 16 8 RECKLESS DF RECKLESS DRIVING(23103) 4 2 REPO REPOSSESSION 8 8 ROADRAGE ROAD RAGE 4 1 RR RAIL ROAD PROBLEM 1 1 SPEED SPEED CONTEST OR SPEEDING(23109) 7 2 TRAFFIC STOI TRAFFIC STOP 280 205 VCK VEHICLE CHECK 104 81 VEH RELEASE VEHICLE RELEASE 9 7 WARRANT WARRANT ARREST 3 2 WELCK WELFARE CHECK 5 2 WRNTSVC WARRANT SERVICE 10 10 Department: 1359 897 Overall: 1359 898 0111612016 00:14.42 Page 2 of 2 VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 01/15/16 TRAFFIC COLLISIONS NO. PROPERTY RECOVERED TOTAL 13 VEHICLES: $36,500 NON-INJURY 8 INJURY 5 Pedestrian Fatalities City Property Damage 4 Hit &Run (Misdemeanor) 3 Hit &Run(Felony) Persons Injured 14 VEHICLES STORED PROPERTY RECOVERED FOR Unlicensed Driver 13 OTHER DEPARTMENTS Abandoned/Stored Vehicle 22 VEHICLES: $6,500 Traffic Hazard 22 CITATIONS Citations Iss (Prisoner Release) 6 Citations Iss (Moving) 151 Citations Iss (Parking) 25 Citations Iss (Total) 176 Hazardous 38 Non-Hazardous 112 Other Violations 1 CASES CLEARED BY ARREST AR16-003 CR16-0005 11377 H&S AR16-004 CR16-0008 31 VC AR16-005 CR16-0008 148(A) (1) PC AR16-006 CR16-0026 459 PC AR16-007 CR15-2255 594(B) (1) PC AR16-008 CR16-0049 11377(A) H&S AR16-011 CR16-0082 11364 H&S AR16-013 CR16-0115 11364 H&S AR16-014 CR16-0116 11364 H&S VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING 01/15/16 _ ADULT FELONY ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL ASSAULT WITH A DEADLY WEAPON BURGLARY 1 1 DOMESTIC VIOLENCE GRAND THEFT OVER 400 GRAND THEFT AUTO MURDER POSS. CONTROLLED SUBSTANCE ROBBERY TRANSPORT SELLING CONT. SUB. VANDALISM 1 1 WARRANT FOREIGN WARRANT BENCH 1 1 TOTAL FELONY ARRESTS 3 0 3 ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL APPROPRIATE LOST PROPERTY DRIVING WITH A SUSP. LICENSE DRIVING UNDER THE INFLUENCE DRUNK IN PUBLIC GIVE FALSE INFO TO PEACE OFCR. 1 1 OBSTRUCT/RESIST OFFICER POSS. CONTROLLED SUBSTANCE 2 2 POSS. CONT. SUB PARAPHERNALIA 3 3 RESIST/DELAY TO PEACE OFCR. 1 1 TRESPASSING WARRANTS BENCH/TRFC 4 4 WARRANTS (FOREIGN) TOTAL MISD. 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O N W LL O O N � N N CN d O LL o o rp CO v d 0f V o a o a1 Er V a LLI A O w a L (L a. o a a- � a a a r. > a o U a oo a �o 0 N Via RECEIVED 1.0JAN 12 2016 OM GLER S tLa `rIxo°~~fir CITY ADMINISTRAT N STAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: February 2,2016 TO: Honorable Mayor and City Council FROM: Scott Rigg, Public Works and Water Superintendent, Water & Development Services Department N* Originator: Alfonso Hernandez,Permit Technician Cynthia Mireles,Permit Technician14N RE: MONTHLY BUILDING DEPARTMENT REPORT Enclosed herewith is the Annual Building Report for the year of 2015 and Monthly Building Report for the month of December 2015.Thank you. City of Vernon Building Department +�`•�.=,w�''�' Annual Report-2015 Type Value # of Permits Commercial -Remodel $30,000.00 1 Demolition $896,300.00 15 Electrical $6,730,883.00 199 Grading $2,367,500.05 10 Industrial - Addition $819,250.00 5 Industrial -New $26,469,934.00 7 Industrial - Remodel $4,538,216,00 77 Mechanical $11,635,876.00 110 Miscellaneous Permit $14,400,765.00 163 Plumbing $2,478,088.00 90 Roofing $2,432,227.00 3 3 TOTALS $72,799,039.05 700 TOTAL ANNUAL FEES COLLECTED $810,552.39 Certificate of Occupancy -New Buildings 10 Certificate of Occupancy-Existing Buildings 162 Scott Rigg Public Works& Water Superintendent Public Works, Water& Development Services g�E City of Vernon Building Department Y� Monthly Report from 12/1/2015 to 12/31/2016 Type Value # of Permits Electrical $598,268.00 20 Grading $858,444.75 2 Industrial -Addition $500,000.00 1 Industrial- Remodel $389,000.00 7 Mechanical $787,213.00 13 Miscellaneous $406,294.00 13 Plumbing $332,700.00 8 Roof $235,000.00 2 December 2015 TOTALS PERMITS: $4,106,919.75 66 PREVIOUS MONTHS TOTAL $68,692,119.30 634 YEAR TO DATE TOTAL $72,799,039.05 700 December 2014 TOTALS PERMITS: $15,731,307.00 88 PREVIOUS MONTHS TOTAL $58,564,922,00 1170 PRIOR YEAR TO DATE TOTAL $74,296,229.00 1258 Scott Rigg Public Works &Water Superintendent Public Works, Water& Development Services `V•t� o; City of Vernon z Building Department Major Projects from 1211/2015 to 12131/2015 Valuations > 20,000 Permit No. Project Address Tenant Description Job Value Electrical B-2015-0184 3301 FRUITLAND AVE Iris Wholesale Inc. New office 2nd floor and 1 st floor 60000 APN 6303027002 renovation. B-2015-0811 4900 SOTO ST Add receptacle, lighting &ac units 25000 APN 6303023008 B-2015-0837 5000 HAMPTON ST Local Roots Remove 800amp 3 0 3w service 21000 APN 6308010026 and replace with 800 amp 3 0 4 w services. B-2015-0717 3636 26TH ST Electrical construction for new 60000 APN 5192025002 manufacturing building. B-2015-0727 5325 SOTO ST Electrical for refrigerate loading 31000 APN 6309026033 dock B-2015-0715 2311 48TH ST Upgrade incoming service for new 247900 APN 6308014027 freezer, cooler&chill dock B-2015-0856 4906 ALCOA AVE Installing (2) 2000 amp stand up 70000 APN 6303026010 switch gears, (1) 600 amp stand up switch gear, 2 sub-panels, and 1 transformer. 7 Records $514,900.00 Grading B-2015-0262 4490 AYERS AVE Grading plans 380000 APN 6304001023 B-2015-0571 4700 ALCOA AVE Grading for new building. Bon 478444.75 APN 6303019011 Appetit. 2 Records $858,444.75 Industrial -Addition B-2015-0806 3301 FRUITLAND AVE 2nd story addition of 5,628 sq ft on 500000 APN 6303027002 existing office area of warehouse and office structure 1 Records $500,000.00 Industrial - Remodel B-2015-0808 4900 SOTO ST Enclose metal shed 50000 APN 6303023008 B-2015-0812 3090 50TH ST Demo. 3000 sq. ft. of office and 32000 APN 6303029014 3200 sq. ft. of concrete floor. B-2015-0726 5325 SOTO ST Refrigerate loading dock 125000 APN 6309026033 B-2015-0781 4561 LOMA VISTA AVE Extend existing cutting room #1 to 38000 APN 6304022059 existing office. Extend cutting room #2 to existing cooler. Install 4 new floor sinks/install 6 new trench drains. Permit No. Project Address Tenant Description Job Value Industrial - Remodel (Cont.) B-2015-0716 2750 ALAMEDA ST Voluntary Seismic upgrade of roof 95000 APN 6302009035 diaphragm construction B-2015-0707 2939 BANDINI BLVD New non-bearing partition wails and 44000 APN 6303002020 ceiling. T-bar, floor and wall finish. 6 Records $384 000.00 Mechanical B-2015-0402 5970 ALCOA AVE Spiral Freezer Refrigeration 400000 APN 6310027039 equipment only. (Filed wl B-2015- 0403) B-2015-0809 4900 SOTO ST 2 6.5 ton HVAC units and ducting 20000 APN 6303023008 B-2015-0211 3301 FRUITLAND AVE (6) HVAC Units, spiral ductwork 30000 APN 6303027002 and exhaust fans for office TI B-2015-0834 6180 ALCOA AVE Replaced condencing unit &two 25000 APN 6310027036 evaporaters B-2015-0845 4200 ALAMEDA ST Install Ice maker(filed wl B-2015- 20000 APN 6302017045 0721) B-2015-0552 3420 VERNON AVE (2) exhaust fans and sensors 54913 APN 6303011047 (note: Electrical will be submitted later.)-CM B-2015-0728 5325 SOTO ST Equipment only for refrigerate 140000 APN 6309026033 loading dock B-2015-0729 5325 SOTO ST Mechanical installation of 60000 APN 6309026033 Refrigerate loading dock 8 Records $749,913.00 Miscellaneous B-2015-0798 4215 EXCHANGE AVE Remove refrigeration equipment 36000 APN 6304021049 from exterior of building. Replace pre-fabricated ceiling in existing "cooler" box. B-2015-0622 6047 MALBURG WAY Installation of storage racks -- 131000 APN 6310027044 Sprinkler system design is .70/2000 286, - bin box and tote case storage-group"A" plastic, -44 inch aisles, - building access provided, - smoke and heat removal provided, - maximum storage height ok to 8 feet. B-2015-0721 4200 ALAMEDA ST Installation of ice maker platform 20000 APN 6302017045 and eqipment anchorage. B-2015-0852 4133 BANDINI BLVD Truck Scale replacement and 87000 APN 5243020023 retrofit to new scale. Slabs. B-2015-0441 5503 BOYLE AVE Installation of prefabricated 80000 APN 6310011001 concrete equipment sheltrer, and antennas mounted on CEJ monopole. 6 Records $364,000.00 Permit No. Project Address Tenant Description Job Value Plumbing B-2015-0850 4700 ALCOA AVE new site utilities. (Filed W/B-2015- 200000 APN 6303019011 0571) B-2015-0272 5119 DISTRICT BLVD New Building Storm drain for new building. 70000 APN 6314003900 F/W B00-090-123 B-2015-0783 4561 LOMA VISTA AVE Install 4 new floor sinks. 32000 APN 6304022059 Install 6 new trench drains. Install 2 new sinks. Sample box 3 Records $302,000.00 Roof B-2015-0818 2800 SOTO ST tear-off down to wood decking. 55000 APN 6303004801 Install hotmop roofing system, consisting of Title 24 compliant 2" insulation, 7-course cap-sheet, elastomeric coating. B-2015-0840 1951 48TH ST Tear oft and replace 548 squares. 180000 APN 6308014025 2 Records $235,000.00 34 Permit(s) Total $3,898,257.75 �� 71 Scott Rigg Public Works &Water Superintendent Public Works, Water& Development Services City of Vernon ,I. Building Department ,�. New Buildings Report- December 2015 w None Scott Rio Public Works &Water Superintendent Public Works, Water& Development Services City of Vernon I. Building Department Demolition Report- December 2015 None Scott Rim Public Works &Water Superintendent Public Works, Water& Development Services City of Vernon Building Department Status of Certificates of Occupancy Requests '' �..,�•°'`�~ Month of December 2015 Request for Inspection 37 Approved 22 Pending 306 Temporary Occupancies 26 Scott Riggs Public Works &Water Superintendent Public Works, Water& Development Services City of Vernon Certificate of Occupancy Applications Date From 12/1/2015 to 12131I2015 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet Certificate of Occupancy C-2015-0278 5810 2ND ST Havila Collection Garment sewing 689.00 8000 APN 6308019028 C-2015-0281 3130 LEONIS BLVD C&A Investments Warehouse rods and 300.00 2500 APN 6303025009 distr. C-2015-0282 5124 PACIFIC BLVD Luxury Perfume Beauty supply 689,00 15900 APN 6308003012 distribution C-2015-0283 3634 SOTO ST What's Sub Sandwhich shop 300.00 1250 APN 6303004039 C-2015-0284 3130 LEONIS BLVD Allison Place Shirt Corp. Garment sampling 300,00 2400 APN 6303025009 C-2015-0285 2757 LEONIS BLVD Comore Co.Textile Fabric Wholesale 300.00 2500 APN 6308002012 C-2015-0286 2890 54TH ST Sky Finishing Inc. Label change on 300.00 3500 APN 6310010007 apparel C-2015-0287 2770 LEONIS BLVD LA Dollar World general merchandise 300.00 340 APN 6308002009 sales online C-2015-0288 3130 LEONIS BLVD Annabel Garment Garment manufacturer 300.00 600 APN 6303025009 C-2015-0289 2455 27TH ST Shine Online Sales, Inc. Office use 300.00 1500 APN 6302004025 C-2015-0290 3130 LEONIS BLVD ITA Clothing Make clothing, 300.00 700 APN 6303025009 samples, and patterns. C-2015-0291 3130 LEONIS BLVD FNF Garment Sew Sewing and sampling 300-00 800 APN 6303025009 C-2015-0292 4201 DISTRICT BLVD RA3, Inc. DBA IN-EX Refabrication of 689.00 11245 APN 6304028015 custom designed cabinetry C-2015-0293 3130 LEONIS BLVD Liz&Gf manufactures 300.00 1400 APN 6303025009 handbags C-2015-0294 2634 26TH ST Reliable Funding, inc. Truck and Freight 689.00 8640 APN 6302001030 Terminal C-2015-0295 5503 BOYLE AVE Verizon Wireless Unmanned wireless 300.00 186 APN 6310011001 cell site C-2015-0296 4900 LOMA VISTA AVE Manuel Regalado dba El Warehouse general 689.00 26923 APN 6304017012 Cowboy Distributor merchandise C-2015-0297 3305 VERNON AVE CoMan LLC Food Manufacturing 940.00 103633 APN 6303006071 C-2015-0298 2636 LEONIS BLVD RPMWEST inc. Office use 300.00 1000 APN 6308003020 C-2015-0299 3130 LEONIS BLVD Wendy Aguilar Office-garment 300.00 200 APN 6303025009 sampling C-2015-0300 2324 49TH ST Blue Republic Corp. Warehouse and 689.00 16620 APN 6308015023 showroom C-2015-0301 2435 37TH ST Neighborhood Steel LLC Steel distributor 815.00 86032 APN 6302005021 dba Maas-Hansen Steel C-2015-0302 3007 BANDINI BLVD AF Designs Co., Inc. Wholesale fashion 689.00 11000 APN 6303002014 accessory C-2015-0303 3351 SLAUSON AVE Novatex International Warehouse fabric, 689.00 12264 APN 6310004010 vynil and leather C-2015-0305 3737 SOTO ST T-Mobile West Tower LLC Cell Tower Site 300.00 476 APN 6302020044 C-2015-0304 1945 55TH ST Lavender Apparel, Inc. Fabric Wholesaler 300.00 2500 APN 6308016027 C-2015-0306 2500 FRUITIAND AVE T-Mobile West Tower LLC Cell site 300.00 475 APN 6309009005 C-2015-0307 5899 DOWNEY RD CCTM1 LLC Cell site 300.00 147 APN 6310004014 C-2015-0308 5107 DISTRICT BLVD NCWPCS MPL 26 Cell site 300.00 1367 APN 6304010015 C-2015-0309 4415 PACIFIC BLVD NCWPCS MPL 19 Cell site 300.00 319 APN 6308006014 C-2015-0310 5503 BOYLE AVE STC One LLC Cell site 300.00 586 APN 6310011001 C-2015-0311 2422 28TH ST Sagebrook Home warehouse and 689.00 33360 APN 6302005007 distribution of home fashion districts. C-2015-0312 2833 LEONIS BLVD Urban Imports Int. Office for export 300.00 328 APN 6303022004 C-2015-0313 2600 LEONIS BLVD Rudy's Grading&Marking Designing apparel 300.00 1000 APN 6308003020 Inc. C-2015-0314 2833 LEONIS BLVD. Avcore Enterprises, Inc. Office use 300.00 510 APN 6303022004 C-2015-0315 5825 SANTA FE AVE Select Check Cashing Inc. Financial services, 300.00 3000 APN 6308019011 check cashing C-2015-0279 4662 49TH ST D&J Fashion, Inc. dba Manufacturing of 689.00 20000 APN 6304017013 Janette Plus garments 37 Record(s) Total for Certificate of Occupancy: $16,145.00 383,351.00 Total Fees Paid $16,145.00 37 Permits(s) City of Vernon Certificate of Occupancy Issued Date From 12/1/2015 to 1 2131 12 01 5 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet Certificate of Occupancy 12/10/2015 C-2015-0234 2335 52ND ST 2335 52nd LLC Office use 300.00 1 DO APN 6308016016 1 211 01201 5 COO-003-751 4587 MAYWOOD AVE UPD, Inc. Dba United Pacific Warehousing of 689.00 17453 APN 6304028032 general merchandise 12/15/2015 C-2015-0107 4405 FRUITLAND AVE Whole Food Trading Co. Warehousing of 689.00 21000 APN 6304026017 foodlcooler 12/16/2015 C-2015-0224 2115 ANDERSON ST JB American Standard Inc. Garment Sewing 300.00 4464 APN 6308019030 12/16/2015 COO-003-733 2909 LEONIS BLVD Troski Cargo Inc. Warehousing of 689.00 2000 APN 6303022006 general merchandise 1211612015 COO-003-741 3056 BANDINI BLVD Fat Finger Warehousing of 300.00 1584 APN 6303006042 garments/printing 12/21/2015 C-2015-0148 4659 52ND DR Vernon Village Park Multifamily housing 0.00 11392 APN 6314002900 Apartments apartments 12/21/2015 C-2015-0149 4675 52ND DR Vernon Village Park Multifamily housing 0.00 7176 APN 6314002901 Apartments apartments 12/21/2015 C-2015-0110 4627 52ND DR Vernon Village Park Multifamily housing 0.00 12528 APN 6314002901 Apartments apartments 12/21/2015 C-2015-0111 4643 52ND DR Vernon Village Park Multifamily housing 0.00 7176 APN 6314002900 Apartments apartments 12/21/2015 C-2015-0112 4611 52ND DR Vernon Village Park Community 0.00 5899 APN 6314002901 Apartments Center/Multifamily housing apartments 1 212 212 01 5 C-2015-0276 4726 EVERETT CT Damoa Textile. Inc Manufacturing of 689.00 20000 APN 6304025009 fabrics 12/22/2015 C-2015-0271 3155 BANDINI BLVD CA Liquidators LLC Warehouse of general 1,63000 70000 APN 6303001008 merchandise 1 212 212 01 5 C-2015-0261 4726 26TH ST MAKEUPS HE, INC. Warheousing of 689.00 10069 APN 6332001003 cosmetics 12/23/2015 C-2015-0219 4159 BANDINI BLVD Dollarwise Trading Inc. Warheousing general 689.00 36600 APN 5243020014 merchandise 12/23/2015 C-2015-0225 4626 PACIFIC BLVD Dynamic Gift Inc. Warehousing of 300.00 5000 APN 6308004010 general merchandise 1212312015 C-2015-0239 2640 26TH ST Fashion Distributions Center, General office! 689.00 13800 APN 6302001028 Inc handbag warehouse 12/23/2016 C-2015-0249 2385 27TH ST Kocal Trading Co. Warehousing of 300.00 3000 APN 6302008016 garments 12/30/2015 C-2015-0002 2845 26TH ST 26 California Bazaar Warehouse of general 1,880.00 120000 APN 5169031013 Wholesale merchandise 12/30/2015 C-2015-0272 2030 ROSS ST United Parcel Services Inc. Parking lot 300.00 100 APN 6302011016 1 2/3012 01 5 C-2015-0279 4662 49TH ST D&J Fashion, Inc.dba Manufacturing of 689.00 20000 APN 6304017013 Janette Plus garments 12/30/2015 COO-003-744 3688 SOTO ST Central Occupational Occupational medicine 300.00 4300 APN 6303004039 Medicine Providers 22 Record(s) Total for Certificate of Occupancy; $11,122.00 393,641 Total Fees Paid $11.122 00 22 Permits(s) rtv } C ` RECEIVED R E V E���� err tix#`r" + JAN 2 7 2016 JAN 2 8 2016 STAFF REPORT CITY ADMINISTR CITY CLERKS OFFICE FIRE DEPARTMENT DATE: February 2,2016 TO: Honorable Mayor and City Council FROM: Michael A. Wilson,Fire Chief Z47 Originator: Adriana Ramos, Administrative Secretary RE: Approval of a Wireless Communications Use Agreement between the City of Montebello and the City of Vernon Recommendation A. Find that approval of the agreement proposed 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. Approve and authorize the execution of a three-year wireless communications use agreement with the City of Montebello, a voting member of the Interagency Communications Interoperability System Governance Board ("[CIS"), in substantially the same form as submitted herewith, to allow the City of Vernon to share radio frequencies with a wide area interoperable radio network. Background On November 17, 2015, the City Council of the City of Vernon authorized the City Administrator to issue a notice to the Los Angeles Regional Interoperable Communications System (LA-RICS) Joint Powers Authority ("JPA") of determination to withdraw from the LA-RICS board. Presently, the City of Vernon is not a participant of any JPA Agreement. The City, however, still has a need for interoperable and regional communications. Upon evaluation, staff recommends ICIS as the best option for interoperable and regional communications for the Vernon Fire Department ("VFD") and the Vernon Police Department("VPD"). ICiS was established as a JPA in 2003 and is comprised of the cities of Azusa, Beverly Hills, Burbank, Covina, Culver City, Glendale, Glendora, Irwindale, La Verne, Montebello, Pasadena, Pomona and West Covina, in addition to numerous subscriber cities. There are 31 Fire/EMS and Police agencies operating on the IC1S system as their primary means of mission critical and general communications. These agencies represent 22 individual cities and several thousand first responders within Los Angeles County. The iCIS system supports Police, Fire, Emergency Medical, General Page 1 of 2 Government, Public Utility, and Transportation resources in its member and subscriber communities. ICIS is a full service system sustaining both first and second responder resources on a single interoperable communications platform. There are some 20,000 radios affiliated to the system including regional mutual aid resources. The ICIS radio system is a UHF, trunked radio system operating in the UHF (450-512 Mhz) band. It is a shared system with components purchased and constructed by individual cities and linked together through a microwave network in order to provide regional coverage. The concept of the ICIS was born out of the need for its current member agencies to replace their aging infrastructure. The ICIS network is the most advanced municipal radio system in the Los Angeles area. It provides an interoperable solution for its users and for subscriber agencies alike. The system covers from the San Bernardino County Line to the Pacific Ocean and provides the ability for its users to communicate with one another from anywhere within the footprint of the network. Beyond the technology is the governance of the network as each agency owners and operates its own radio system. VFD and VPD operate on a VHF radio system with the ability to communicate with neighboring agencies that also operate on VHF, and those on UHF through the use of UHF band radios installed in vehicles. Neighboring police agencies operating on VHF channels are programmed into VFD and VPD radios. From an operational standpoint, Land Mobile Radio (LMR) communication is the primary tool for day-to-day and emergency operations within the City of Vernon, with LTE serving as a supportive/secondary method for transmitting information. Participation with [CIS would require that VPD upgrade its radio system to be fully compatible with the existing ICIS infrastructure. The proposed agreement has been reviewed and approved as to form by the City Attorney's Department and would be effective from July 1, 2016 through June 30, 2019. Pursuant to the Vernon Municipal Code, Section 2.17.12(A)(5), the agreement requested herein is exempt from competitive bidding requirements because it is a contract with other governmental entities. Fiscal Impact The cost per radio per month for access to the wide area interoperable radio network is $17 for the first calendar year, thereafter, the cost per radio can be renegotiated on an annual basis. At 126 radios, the annual projected cost will be $25,704. In addition, the current contract the City has with Advanced Electronics for radio maintenance, will be lowered, as the City will no longer have to pay for VHF radio maintenance. There is no immediate financial impact for VPD to upgrade its radio system at the moment. However, it is anticipated that VPD will need to upgrade the current aging radio system within the next five (5)years at a cost estimated at $350,000.00. Moving to the ICIS radio system platform is a cost effective approach for VPD. VPD over the years has acquired UHF mobile and portable radio equipment through grant funding that will be necessary to begin the initial transition to the ICIS system. VPD plans to cover any other necessary equipment needs with asset forfeiture funds. Attachment(s) 1. Wireless Communications Use Agreement between the City of Montebello and City of Vernon Page 2of2 WIRELESS COMMUNICATIONS USE AGREEMENT BETWEEN THE CITY OF MONTEBELLO AND CITY OF VERNON This AGREEMENT, made and entered into this day of , 2016, by the City of Vernon, a municipal corporation and California chartered city located at 4301 Santa Fe Avenue, Vernon, CA 90058 ("Subscriber"), and the City of Montebello, a municipal corporation and California general law city located at 1600 W. Beverly Blvd., Montebello, CA 90640 ("Member," and together with Subscriber, the "Parties" and each, a "Party"). RECITALS WHEREAS, Member is a voting member of the Interagency Communications Interoperability System Governance Board ("ICIS") and has built an infrastructure which provides for a wide area interoperable radio network; WHEREAS, Member has the technical ability to host additional radio units which may roam on its network; and WHEREAS, Subscriber owns wireless communications systems and devices, which consist of radios as specified in this Agreement and desires to roam on the network of Member. NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which is expressly acknowledged, the Parties agree as follows: 1.0 PURPOSE The purpose of this Agreement is to allow Subscriber to share radio frequencies with Member. It also includes responsibilities of Subscriber for the proper usage requirements. 2.0 TERM The term of this agreement shall commence on July 1, 2016, subject to the Parties' receipt of their respective City Council's approval (to the extent necessary and appropriate), and shall continue until June 30, 2019, unless sooner terminated in writing, by either Party. Either Party, by notifying the other Party in writing, may, upon sixty (60) calendar days' notice, terminate any portion or all of the services agreed to be performed under this Agreement with or without cause. 3.0 FEES 3.1 First Year: During the first year of this Agreement, the Subscriber agrees to pay to the Member the sum of Seventeen Dollars ($17.00) per month for each radio of Subscriber that has access to the agreed-upon "talkgroups" (as defined below) (the "Fee"). 3.2 Subsequent Years: On or before July 1, 2017, and on or before each July 1 thereafter during the term of this Agreement, the Project Managers of the respective Parties shall meet and confer in good faith to renegotiate the Fee that will be applicable during the ensuing year. If, for any reason whatsoever, the Parties cannot reach an agreement as to the renegotiated Fee, the Fee set forth in Section 3.1 shall govern. 3.3 Payment of Fees: Subscriber shall pay the Fee to Member on or before July 1 of each year during the term of this Agreement for the right to access the agreed- upon talkgroups for the ensuing year. Subscriber shall remit payment of the Fee as directed by Member. 4.0 DESCRIPTION OF SERVICES 4.1 Description of"Talkgroup": A talkgroup is an assigned group on a trunked radio system. Unlike a conventional radio which assigns users a certain frequency, a trunk system takes a number of frequencies allocated to the system. Then the control channel coordinates the system so talkgroups can share these frequencies seamlessly. The purpose is to dramatically increase bandwidth. Many radios today treat talk-groups as if they were frequencies, since they behave like such. 4.2 Use of Talkgroups: Member shall provide Subscriber use of talkgroups on the Member-trunked communications system as referenced in Attachment A. 4.3 Addition of Talkgroups: Member shall meet and confer with Subscriber on an annual basis during the meeting outlined in Section 5.0 for additional talkgroup assignments that may be required by the Subscriber. 4.4 Restrictions on Use of Talkgroups: Subscriber shall use only those talkgroups assigned to Subscriber as agreed to in advance. Any use of talkgroups by Subscriber shall be in accordance with the rules and regulations of the Federal Communications Commission and state and federal law. 5.0 PROJECT MANAGEMENT. Member's Wireless Communications Administrator or his or her designee shall serve as Member's project manager. Subscriber's Radio Communications Manager or his or her designee shall serve as Subscriber's project manager. The project managers shall be available to meet on an annual basis at a mutually agreed upon time and place to coordinate and review the use of the talkgroups. 6.0 LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event will Member, ICIS, or its affiliates, be liable for indirect, incidental, special, exemplary, or consequential damages whatsoever (including without limitation, damage for loss 2 of profits, business interruption, loss of business information, or any other loss) arising out of, or resulting from the services whether arising in tort (including negligence), contract or any other legal theory, even if Member has been advised of the possibility of such damages. 7.0 DISCLAIMER. The services provided pursuant to this Agreement are offered with no warranty. Use of the products or services provided pursuant to this Agreement are at the Subscriber's sole risk. MEMBER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET SUBSCRIBER'S REQUIREMENTS OR WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. 8.0 GENERAL PROVISIONS. 8.1 Successors: Each and every one of the terms, covenants, and conditions of this Agreement shall inure to the benefit of and shall bind, as the case may be, not only the Parties hereto but each and every one of the heirs, executors, administrators, successors, assigns, and legal representatives of the Parties hereto. 8.2 Assignment: Neither Party shall assign, transfer or sell any of its rights or responsibilities under this Agreement in any other capacity, without the express written consent of the other Party, which consent shall not be unreasonably withheld. Any assignment without such consent shall be void. 8.3 Compliance with Laws: Each Party agrees to comply with all existing and future ordinances, rules, laws and regulations of any governmental agency that are applicable. 8.4 Force Majeure: If performance by either Party is prevented because of the occurrence of force majeure, act of God, epidemic, fire, casualty, lockout, labor condition, riot, war, blackout, air raid, air raid alarm, act of public enemy, order or decree of any governmental agency or tribunal, extraordinary delays, or other causes of similar nature, such occurrences shall be considered a valid excuse of nonperformance or delay in the performance by such Party hereunder, and in the event of such occurrence, such suspension continuing until said event or occurrence terminates and the Agreement shall be extended for a period equal to the duration of the suspension. If such suspension continues for a period of one (1) year, this Agreement shall terminate. 8.5 Waiver; Remedies Cumulative: By entering this Agreement, neither Party waives any of the immunities provided by the Government Code or other applicable provisions of law. This Agreement is not intended to confer any legal rights or benefits on any person or entity other than the Parties to this Agreement. 3 8.6 Mitigation of Damages: In all situations arising out of this Agreement, the Parties shall attempt to avoid and minimize damages resulting from the conduct of the other Party. 8.7 No Waiver: A waiver by either Party of any breach of any term, covenant, or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement whether of the same or different character. 8.8 Attorney Fees: If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such Party may be entitled. 8.9 Captions: The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement. 8.10 Authorization: Each Party has expressly authorized the execution of this Agreement on its behalf and bind said Party and its respective elected and appointed officials, administrators, officers, directors, divisions, subsidiaries, agents, employees, insurance carriers and any others who may claim through it to this Agreement. 8.11 Entire Agreement Between Parties: This Agreement supersedes any other agreements, either oral or in writing, between the Parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the Parties with respect to said services. Modifications to the terms, scope of work and additions or deletions to this Agreement will be effective only upon written approval signed by authorized representatives of both Parties. 8.12 Partial Invalidity and Choice of Law: If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. This Agreement shall be governed by the laws of the State of California, without regard to its conflict of laws principles. 8.13 Notices: For the purpose of notifying or contacting the other Party relative to any matter concerning this Agreement, a Party shall mail such notice to the Party to be notified, addressed as follows: Member Address Tel _ Fax Email 4 ATTN Subscriber Address Tel Fax Email ATTN Any notice so delivered shall be effective upon the date of personal delivery or, in the case of mailing, on the date of mailing. Either Party may change the specified person or address at which it is to receive notices by giving ten (10) days' notice of such change to the other Party in writing. In recognition of the obligations stated in this Agreement, the Parties have executed this Agreement on the date indicated above. MEMBER: AFFILIATE By By Name: Name: Title: Title: Approved as to Form: Approved as to Form: By By: Name: Name: Title: Title: 5 ATTACHMENT A WIRELESS COMMUNICATIONS USE AGREEMENT BETWEEN THE CITY OF MONTEBELLO AND THE CITY OF VERNON Talkgroups authorized to be programmed into radios in use by VERNON FIRE: • Verdugo Fire Red-1 • Verdugo Fire Red-2 • Verdugo Fire Red-3 • Verdugo Fire Red-4 • Verdugo Fire Red-5 • Verdugo Fire Red-6 • Verdugo Fire Red-7 • Verdugo Fire Red-8 • Verdugo Fire Emergency • ICIS Mutual Aid 1 • ICIS Mutual Aid 2 • ICIS Mutual Aid 3 • ICIS Mutual Aid 4 • ICIS Mutual Aid 5 • ICIS Mutual Aid 6 • ICIS Mutual Aid 7 • ICIS Mutual Aid 8 • ICIS Mutual Aid 9 • ICIS Mutual Aid 10 • Vernon FD Admin • Vernon FD Training • Vernon PD Dispatch • Vernon PD Tac-1 • Vernon PD Tac-2 • All talkgroups required to be programmed according to the Tactical Interoperability Communications Plan (TICP) 4831-5190-4813,v_ 1 6 RECEIVED JAN 28 2016 , . , RECEIVED CITY CLERK'S Off ICE t,�.•�� JAN 2 8 2016 CITY ADMINISTER STAFF REPORT FIRE DEPARTMENT DATE: February 2,2016 TO: Honorable Mayor and City Council FROM: Michael A. Wilson, Fire Chief Originator: Adriana Ramos, ministrative Secretary RE: A Resolution of the City Council of the City of Vernon approving of a Fire Communications Dispatch Service Agreement between the City of Vernon and the City of Burbank, the City of Glendale and the City of Pasadena Recommendation A. Find that approval of the resolution proposed 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. Approve and authorize the execution of a three-year Fire Communications Dispatch Service agreement with the City of Burbank, the City of Glendale and the City of Pasadena (hereinafter referred to collectively as the "Verdugo Cities"), in substantially the same form as submitted herewith, to provide dispatching services of emergency fire and medical response. The proposed contract would take effect July 1, 2016 and includes the purchase and installation of all equipment and infrastructure required to be compatible with Verdugo Communications system in the amount of $192,649, in addition, the City of Vernon Fire Department will pay $66.59 for each dispatched incident in the City and for certain mutual aid incidents outside the Verdugo dispatch system for Fiscal Year 2016-17; and C. Approve and authorize the execution of a Promissory Note with the City of Glendale, in substantially the same form as submitted herewith, which contemplates an advance of funds, in the amount of $192,649, for the purchase of equipment and services required to be compatible with Verdugo Communications system, in the form of payment to third parties for such purchase, which the City of Vernon will repay to the City of Glendale; and D. Authorize for the termination of the current dispatch service agreement with the Regional Joint Powers Communication Center effective June 30, 2015. Page 1 of 3 Backeround On February 1, 2011 the City Council of the City of Vernon authorized the participation of a dispatch service agreement with the Regional Joint Powers Communication Center ("JPCC") located at the City of Downey via Resolution No. 2011-15. After an extensive amount of research and examination, it was determined by the Vernon Fire Department that it would be to the best interest of the City and the department to terminate the current agreement with JPCC and enter into contract with Verdugo Cities. The Verdugo Fire Communications Center was established August 1, 1979 and currently dispatches for thirteen (13) fire agencies. It serves as Area Coordinator("Area "C")within Region I for State of California Mutual-Aid purposes. As Area"C" expands its boarders, it enables better coordination and response to large emergencies involving mutual aid for Area "C" agencies. The center serves a combined population of over 837,000 residents, covering a geographic area of just over 134 square miles. Verdugo Fire Communications Center Benefits: • Improved fire protection for each community by utilizing border drops: closest resources via automatic vehicle locators(AVL) • Automatic station coverage of two key fire stations • State-of-the-art radio, telephone, and computer-aided dispatch systems to meet critical mission needs • Dispatchers who specialize in fire/rescue and are able to provide Emergency Medical Dispatch (EMD) instructions to callers prior to the arrival of paramedics • Monthly Task Force meetings are held where Chief Officers share in the decision making processes • Automatic notification to essential staff of critical incidents (including Council Members via text if requested) • Dispatch cost is shared between thirteen (13) agencies • Verdugo Dispatch depth of resources and personnel are substantially larger and more readily available without delay Currently, the Fire Department has access to twelve (12) Engines, three (3) Trucks, two (2) US&R units, one (1) Haz-Mat unit, and three (3) Battalion Chiefs under JPCC Dispatch. Moving with Verdugo Cities, the department would have access to forty-six (46) Engines, thirteen (13) Trucks, five (5) Water Tenders, six (6) US&R units, two (2) Haz-Mat units and ten (10) Battalion Chiefs. The Department would also have access to Area "C" Arson Team. Furthermore, Verdugo Cities can manage up to a fifth alarm structure fire while still maintaining coverage throughout the region. During Fiscal Year 2013/2014 Vernon units responded to one-hundred-ten (110) incidents within Area "E" and during Fiscal Year 2014/2015 Vernon units responded to eighty-four (84). It is estimated that Vernon units will respond to roughly the same number of mutual aid incidents within Area "C". Geographically, Area "C" agencies are closer to the City of Vernon than Area "E" Agencies. The proposed Fire Communications Dispatch Service agreement has been reviewed and approved as to form by the City Attorney's Department and would be effective from July 1, 2016 through June 30, 2019. Pursuant to the Vernon Municipal Code, Section 2.17.12(A)(5), the agreement requested herein is exempt from competitive bidding requirements because it is a contract with other Page 2of3 governmental entities. The proposed Promissory Note agreement has been reviewed and approved as to form by the City Attorney's Department. Fiscal Impact The Verdugo Communications Center personnel has worked meticulously with Vernon Fire personnel to identify the infrastructure and equipment that would either need to be purchased or updated to be compatible with the Verdugo system dispatch center. The areas reviewed included the fire station alerting system, mobile data computers, telephones, GISIGeo-File conversion, ICIS connectivity and host subscriber fees. After a thorough review of the Vernon Fire Department's system, the projected total cost of the three-year service contract is $192,649, which would be billed in four (4) equal payments over the first two (2) years upon implementation of the Dispatch Agreement. Additionally, based upon the formula within the dispatch service agreement, the City of Vernon Fire Department would pay $66.59 for each dispatched incident in the City and for certain mutual aid incidents outside the Verdugo dispatch system for Fiscal Year 2016-17. Thereafter, the per-incident charge may be increased each fiscal year by an amount not to exceed 5%, rounded to the nearest dollar, based on anticipated increases in Verdugo's operating costs. Attachment(s) 1. Verdugo Fire Communications Promissory Note between the City of Glendale and the City of Vernon. Page 3 of 3 VERDUGO FIRE COMMUNICATIONS PROMISSORY NOTE BETWEEN THE CITIES OF GLENDALE AND VERNON This Promissory Note(hereinafter"Note"or"Agreement") is executed on _ 2016, between the CITY OF GLENDALE ("GLENDALE") a municipal corporation and the CITY OF VERNON ("VERNON") a municipal corporation, duly organized and existing under the constitution and the laws of the State of California, (collectively,the "Parties"). RECITALS Whereas GLENDALE along with the Cities of Burbank and Pasadena, (collectively VERDUGO CITIES) to minimize the effect of fire and disaster and to provide the basis for effective mobilization and dispatch of all available firefighting and emergency medical resources, have agreed to operate a joint fire communications system ("VERDUGO SYSTEM"); Whereas VERNON is currently part of a dispatch system with the City of Downey and desires to contract with VERDUGO CITIES for dispatching of emergency fire and medical response starting on July 1, 2016; Whereas VERNON is currently part of Fire Mutual Aid Area E, and is desirous of becoming part of Area C instead; Whereas the Parties have determined that a timely transition to the VERDUGO SYSTEM is in the best interest of the Parties; Whereas GLENDALE and VERNON desire to enter into this Agreement, which contemplates an advance of funds for the purchase of certain equipment and services, in the form of payment to third parties for such purchase, which VERNON will repay to GLENDALE; Whereas the Parties acknowledge that this Agreement is not a joint powers agreement subject to the provisions of California Government Code Sections 6500 et. seq. and the Parties intend that nothing in this Agreement shall be so construed. The Parties have no intent to create hereby a separate legal entity or public agency and no such entity is hereby created. NOW THEREFORE, for and in consideration of the mutual promises, covenants and conditions herein contained, the Parties agree as follows: I. VERNON's Promise to Pay. VERNON agrees that the equipment and services described in Attachment A, attached hereto and incorporated herein by this reference are necessary for VERNON to transition its dispatch services to the VERDUGO SYSTEM. VERNON further agrees that, at this time, it has not allocated the necessary funds to secure the equipment and services and therefore has agreed that GLENDALE may contract with third parties for purposes of securing such services for VERNON, and in return VERNON promises to pay all amounts advanced by GLENDALE on behalf of VERNON. VERNON further acknowledges and agrees that the equipment and services described in Attachment A are a quote and the actual value and cost to GLENDALE may be higher than described Page 1 of 7 VERDLGO and VERNON AGREEMENT in Attachment A. VERNON agrees that it will repay GLENDALE all amounts expended by GLENDALE for purposes of VERNON's connectivity to the VERDUGO SYSTEM, which amounts shall include, but are not limited to the purchase price of equipment and services, taxes, late fees, penalties and interest. VERNON understands that GLENDALE may transfer this Agreement, under the same terms agreed to herein. II. Loan Fee and Interest. The Parties agree that there is no loan fee or interest in connection with this Loan. III. Payment. A. Time and Place of Payments. VERNON will pay three payments of$50,000 and one final payment of any and all outstanding amounts to be calculated after all payments have been made by Glendale to the third party vendors providing the services described in Attachment A. GLENDALE will submit an invoice in or about July and January beginning July 2016. All payments are due within 30 days of receipt of the invoice from GLENDALE. Payments will be made to: Payment Address: City of Glendale, Finance Department 141 N. Glendale, Ave., Room 346 Glendale, CA 91206 ATTN: Armen Harkalyan, Revenue Manager B. VERNON's Right to Prepay. VERNON reserves the right to prepay this Note in whole or in part, prior to maturity, without penalty. IV. VERNON's Failure to Pay as Required. A. Default. If VERNON does not pay the full amount of each semi-annual payment on the date it is due, VERNON will be in default. B. Event of Default. VERNON shall be in default hereunder if it: (1) is in default in the payment of any monies due hereunder; or (2) terminates the provision of fire services or contracts for such services with another agency. C. Notice of Default. If VERNON is in default, GLENDALE may send VERNON a written notice advising VERNON that if payment is not received by a certain date, GLENDALE may require VERNON to pay immediately the full amount of the loan which has not been paid. That date must be at least 30 days after the day on which the notice is mailed to VERNON or delivered by other means. D. Payment of GLENDALE's Costs and Expenses. If GLENDALE has required VERNON to pay immediately in full as described above, then GLENDALE will have the right to be paid back by VERNON for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. V. Giving of Notices. Notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed validly given on the date either personally delivered to the address indicated below; or on the third (3rd) business day following deposit, postage prepaid, using certified mail,return receipt requested,in any U.S.Postal mailbox or at any U.S. Post Office; or when sent via facsimile to a party at the facsimile number set forth below or to such other or further facsimile number provided in a notice sent under the terms of this Page 2 of 7 V-ERDUGO and VERNON.AGREEMENT paragraph, on the date of transmission of that facsimile. Should any of the Parties have a change of address,they shall immediately notify the other Parties in writing of such change, provided, however, that each address for notice must include a street address and not merely a post office box. All notices, demands or requests shall be given to following addresses: City of Vernon: City of Glendale: Fire Chief Fire Chief Vernon Fire Department Glendale Fire Department 4305 Santa Fe Avenue 421 Oak Street Vernon, CA 90058 Glendale, CA 91204-1298 Tel. No. 323-583-8811 Tel. No. 818-548-4814 Fax. No. 323-826-1407 Fax. No. 818-547-1031 VI. GENERAL PROVISIONS A. Entire Agreement. This Agreement supersedes any and all other Agreements, either oral or in writing,between the parties hereto with respect to the subject matter hereof,and no other Agreement,statement,or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. In interpreting this Agreement and resolving any ambiguities, this Agreement will take precedence over any cover page or attachments. B. Interpretation. This Agreement is the product of negotiation and compromise on the Parties' part. Every provision in this Agreement shall be interpreted as though the Parties equally participated in its drafting. Therefore, notwithstanding the provisions in California Civil Code Section 1654 to the contrary, if this Agreement's language is uncertain, the Agreement shall not be construed against the Party causing the uncertainty to exist. C. Governing Law. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of California. D. Severability. Should any part, term or provision of this Agreement or any document required herein to be executed be declared invalid,void or unenforceable, all remaining parts,terms and provisions hereof shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. E. Attorneys' Fees. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which he, she or it may be entitled. "Prevailing party" means a party who dismisses the action or proceeding in exchange for payment of the sum(s) allegedly due; performance of the term(s) or covenant(s) allegedly breached or violated; or consideration substantially equal to the relief sought in the action. "Reasonable attorneys' fees"of the City Attorney's Page 3 of 7 VERDCGO and VERNON.AGREE. NT office means the fees regularly charged by private attorneys who: (a) practice in a law firm located in Los Angeles County; and (b) have an equivalent number of years of professional experience in the subject matter area of the law for which the City Attorney's services were rendered. F. Waiver of Breach. The waiver of either parry of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that same or any other provision. G. Successors and Assigns. Subject to the provision regarding assignment, this Agreement shall be binding on the heirs,executors, administrators, successors, and assigns of the respective parties. H. Force Maieure. None of the Parties shall be considered in default in the performance of their obligations hereunder or any of them, if such obligations were prevented or delayed by any cause,existing or future,beyond the reasonable control of such party which include but are not limited to acts of God or civil unrest. Any delays beyond the control of the Parties shall automatically extend the time schedule as set forth in this Agreement by the period of any such delay. I. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one and the same document. Each of the Parties shall sign a sufficient number of counterparts, so that each Party will receive a fully executed original of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested to by the proper officers hereunder duly authorized,their official seals to be heretofore affixed. Page 4 of 7 VERDLGO and VERNON AGREEMENT CITY OF VERNON Date: By: City Administrator (SEAL) ATTEST: By Maria E. Ayala, City Clerk APPROVED AS TO FORM THIS day of _. 201_. Hema Patel, City Attorney CITY OF GLENDALE Date: By: City Manager (SEAL) ATTEST: By City Clerk APPROVED AS TO FORM THIS day of . 201_. City Attorney Page 5 of 7 VERMW and VERNON AGREEMENT ATTACHMENT LIST "Attachment A": Initial Infrastructure Costs (1 page) Page 6 of 7 VERDLGO and VERNON AGREEMENT Attachment A Initial Infrastructure Costs Fire Station Alerting System Est,Cost Quantity Extension _Amount_ Station Alerting MCU(Westnet): $ 159,174.94 1 $ 159,175 $ 159,175 Motorola Flash Trunking 9600 Baud $ 100.00 10 $ 1,000 $ 1,000 Antenna-800MHz Omni: $ 100.00 4 $ 400 $ 400 Antenna Cable Installations $ 2,000.00 4 $ 81000 $ 8,000 Antenna-460-490 MHz Omni: $ 150.00 8 $ 1,200 $ 1,200 Subtotal: S 169.71S Mobile Data Computers(MDQ Est.Cost$ Quantity Extension Agency Responsibilit}, PCMSS Client License: $ 380.00 13 $ 4,940 $ 4,940 Mobile Mapping&AVL Software License: $ 500.00 13 $ 6,500 $ 6,500 Subtotal: S 11.440 Phones _ Est.Cost$ Quantity Extension Agency ResponsibiIity 7-Digit Emergency Lines(RCF/CNF)x1 lines: $ 140.00 2 $ 280 $ 280 PD Ring-Down(direct-Connects)Lines: $ 154.00 1 $ 154 $ 154 Otherthan 9-1-1 Installation/Labor: $ 1,000.00 1 $ 1,000 $ 1,0D0 Subtotal: $ 1,434 Other Est.Cost$ Quantity Extension Agency Responsibility GISWork/GeoFileCorversior: $ 10,000.00 1 $ 10,000 $ 10,000 Subtotal: 5 10,000 Agency Responsibility lnfrostfucture Totals: $_ 192,649 Grand Totals: $ 192,649 Page 7 of 7 VEREI GO and VERNON AGREEMENT RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A VERDUGO FIRE COMMUNICATIONS DISPATCH SERVICE AGREEMENT BY AND BETWEEN THE CITIES OF BURBANK, GLENDALE, PASADENA AND THE CITY OF VERNON WHEREAS, the City of Vernon ( "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, pursuant to California Government Code Section 6500 et seq. , the City is authorized to enter into an agreement with one or more other public agencies to jointly exercise any power common to the contracting parties; and WHEREAS, the Verdugo Fire Communications Center ( "Verdugo Center" ) located in the City of Glendale has provided emergency fire equipment dispatch services to various cities; and WHEREAS, the cities of Burbank, Glendale, Pasadena and Vernon (collectively, the "Verdugo Cities" ) desire to enter into a Verdugo Fire Communications Dispatch Service Agreement (the "Agreement" ) to provide dispatching services of emergency fire and medical response; and WHEREAS, the City Council of the City of Vernon desires to approve the Agreement between the Verdugo Cities . 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 hereby finds and declares that the actions authorized hereby constitute a valid exercise of the powers of the City under the laws of the State of California and under the Charter of the City of Vernon. SECTION 3 : The City Council of the City of Vernon hereby approves the Verdugo Fire Communications Dispatch Service Agreement (the "Agreement" ) by and between the Cities of Burbank, Glendale, Pasadena and the City of Vernon, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 4 : The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 5 : The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any non-substantive changes to the Agreement attached herein. SECTION 6 : The City Council of the City of Vernon hereby directs the City Clerk, or the Deputy City Clerk, to send one executed Agreement to the City of Glendale. - 2 - 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 2nd day of February, 2016 . Name : Title : Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: I Za a o ssa, Deputy City 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, February 2, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of 2016, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 4 - EXHIBIT A VERDUGO FIRE COMMUNICATIONS DISPATCH SERVICE AGREEMENT BETWEEN THE CITIES OF BURBANK, GLENDALE,AND PASADENA AND THE CITY OF VERNON This Agreement is made by and between the CITY OF BURBANK, the CITY OF GLENDALE, and the CITY OF PASADENA(hereinafter referred to collectively as the"VERDUGO CITIES") and the CITY OF VERNON (hereinafter referred to as the "CONTRACTING CITY"). RECITALS Whereas the VERDUGO CITIES, to minimize the effect of fire and disaster and to provide the basis for effective mobilization and dispatch of all available firefighting and emergency medical resources, have agreed to operate a joint fire communications system ("VERDUGO SYSTEM"); Whereas the CONTRACTING CITY is currently part of a dispatch system with the City of Downey and desires to contract with VERDUGO CITIES for dispatching of emergency fire and medical response starting in July 2016; Whereas the CONTRACTING CITY is currently part of Fire Mutual Aid Area E, and is desirous of becoming part of Area C instead, and by entering into this Agreement is aware that it may be called upon to provide mutual aid services or automatic aid services to cities in the Verdugo System and other jurisdictions as designated by the State; Whereas the Parties acknowledge that the VERDUGO CITIES, and specifically, the City of Glendale, have substantial operational experience in providing these types of specified services. Whereas the Parties acknowledge that this Agreement is not a joint powers agreement subject to the provisions of California Government Code Sections 6500 et. seq. and the Parties intend that nothing in this Agreement shall be so construed. The Parties have no intent to create hereby a separate legal entity or public agency and no such entity is hereby created. NOW THEREFORE,the Parties agree as follows: I. RESPONSIBILITIES A. Responsibilities of the Verdugo Cities. It shall be the responsibility of the VERDUGO CITIES to operate the VERDUGO SYSTEM and to do all of the following: 1. Receive 911 and wireless emergency calls; 2. Transfer 911 and wireless calls to other agencies as appropriate; 3. Receive 10-digit emergency and direct connect (formerly called ring-down, or"P" line) calls on numbers/circuits provided and funded by CONTRACTING CITY; 4. Provide TDD and foreign language translation; 5. Provide Emergency Medical Dispatch pre-arrival and life-saving protocols as established by Los Angeles County Fire and approved by Los Angeles County Department of Health Services, and Verdugo's Medical Director.; Page 1 of 13 v'VROUGO and VERNON AGREPIMNT 6. Enter incident information into the computer aided dispatch system (CAD), including verified incident address/location, specific location information, informant's location, informant's telephone number, source code for call, basic EMD information, appropriate text and type codes; 7. Time stamp receipt of 911 calls, entry into CAD, dispatch, and all status changes from mobile units initiated on mobile computer terminals (MCT); 8. Electronically document incident and pertinent non-incident information; 9. Review CAD recommended quantity and type of equipment, alert fire stations by electronic transmission, data and hard copy printout over mobile data system, transmitting tones over voice system, and broadcasting vocal dispatch on designated frequency(s); 10. Respond to routine and emergency voice communications. 11. Track and record equipment status, location and availability; 12. Coordinate Area, Regional and specific agency Mutual Aid, Initial Action and Automatic Aid agreements for dispatch purposes only; 13. Formulate, dispatch and track Strike Team responses; 14. Maintain CAD databases; 15. Maintain ROSSICICCS databases; 16. Provide CAD and MIS records management, storage and standard reports; 17. Provide access to CAD information; 18. Provide access to unit histories, unit status, rosters and information; 19. Handle and coordinate FIRST team responses; 20. Request and coordinate mass casualty resources; 21. Provide staff notification by alarm level and/or incident type via wireless device; 22. Notify and coordinate with other city departments and outside agencies as required; 23. Provide recording and retention of radio and telephone transmissions consistent with California law; 24. Provide an annual report of operations; and 25. Provide management and supervision to achieve desired results. B. Responsibilities of Contracting City. It shall be the responsibility of the CONTRACTING CITY to do all of the following: 1. Notwithstanding anything herein to the contrary, the obligations of CONTRACTING CITY to consummate the transactions described herein are subject to the fulfillment, on or prior to July 1, 2016, of the following conditions precedent unless waived in writing by the VERDUGO CITIES: (a) CONTRACTING CITY takes formal action through its City Council to cease dispatch contracting services with the City of Downey or any other agency; (b) CONTRACTING CITY notifies the City of Downey of its intention to separate from Fire Mutual Aid area E; (c) CONTRACTING CITY establishes a radio roaming service on the Interagency Communications Interoperability System (ICI System). (d) CONTRACTING CITY engages, facilitates and cooperates in the installation of any and all necessary equipment, hardware and software which interface with the VERDUGO SYSTEM. Page 2 of 13 VEKDUGO and VERNON AGAEEN NT 2. Provide equipment, hardware and software which interface with the VERDUGO SYSTEM (unless otherwise agreed to by all Parties), which include but are not limited to: (a) Telephone and 911 hardware, software, upgrades, lines, instruments, terminations, installation,monthly service or capability not already included or provided, including routing coordination; (b) Station alerting hardware in all fire stations which receive and transmit voice and data signals with features consistent with the VERDUGO SYSTEM; (c) Reliable voice mobile and portable radios and data radios and terminals for all personnel and fire apparatus, with capabilities and features consistent with the VERDUGO SYSTEM; (d) Establish and maintain a system access/service agreement with the Interagency Communications Interoperability System(ICI System) and/or Host ICI System Agency as appropriate/needed. (e) Voice and/or alpha-numeric pagers or other wireless devices capable of functioning with the VERDUGO SYSTEM; (f) Computers capable of communication with VERDUGO SYSTEM; (g) Geographic file information suitable for entry into VERDUGO SYSTEM CAD, including street location data, city maps and other landmark/common place addresses, high value or brush areas, freeway information, and target hazards; 3. Provide listing of all apparatus, including radio designations,cross-staffed manned units and special response vehicles; 4. Provide Fire Department personnel list including titles, radio call signs, office and home phone numbers, pager and cellular telephone numbers; 5. Provide a list of key City personnel and telephone directory; 6. Provide a list of receiving hospitals and access method for paramedics; 7_ Provide copies of mutual aid, automatic aid, initial action or other inter-agency agreements; 8. Provide initial and ongoing VERDUGO SYSTEM training to all radio users; 9. Provide copies of FCC licenses, if applicable; 10. Comply with VERDUGO SYSTEM policies and procedures; 11. Use VERDUGO SYSTEM incident type codes, priorities and categories; 12. Review and understand Emergency Medical Dispatcher Program currently in use; and 13. Provide a chief officer or fire officer to ensure successful implementation and representation on the Verdugo Task Force. II. EQUIPMENT 1. Purchase of Equipment. CONTRACTING CITY shall purchase, install, test and maintain equipment and hardware necessary to perform its responsibilities under Section I.B. above.Unless otherwise provided herein,CONTRACTING CITY shall be responsible for all costs relating to the purchase and installation of all such equipment. In addition to the equipment, CONTRACTING CITY shall be solely responsible for the cost of any additional or related equipment or hardware, software or labor needed to implement its obligations under this Agreement, whether listed or not, including, but not limited to, Page 3 of 13 VERDUGO and VERNON AGREEMENT installation, testing, light/audio relays, shipping, insurance, taxes, antennas and coax, public address system, speakers, and power supplies. 2. Purchase of Fire Station Alerting Equipment and related Infrastructure. The Parties agree that the VERDUGO CITIES will purchase and install the initial infrastructure Equipment to establish connectivity to the VERDUGO SYSTEM as set forth in Attachment A attached hereto and incorporated herein by reference. CONTRACTING CITY agrees that the Equipment and Services described in Attachment A are a quote of the anticipated equipment and services necessary to establish connectivity and the final cost for both may be higher than what is set forth in Attachment A. CONTRACTING CITY agrees to reimburse VERDUGO CITIES for all costs necessary for the establishment of connectivity with the VERDUGO SYSTEM. The Parties further agree that the specific terms of the reimbursement will be made pursuant to a promissory note signed by the City of Glendale and CONTRACTING CITY, and will be subsequently billed to the CONTRACTING CITY pursuant to the terms of the note. 3. Purchase of Future Equipment. As new technology becomes available, the VERDUGO CITIES may, from time to time,purchase new products to enhance the current level of service. The VERDUGO CITIES will provide a minimum 90 day written notice to CONTRACTING CITY of any anticipated purchase, where the costs of purchase and/or maintenance of equipment that is the responsibility of the CONTRACTING CITY under section II.B. above are to be borne by the CONTRACTING CITY. III. TERM This Agreement shall become effective on February 1, 2016, ("EFFECTIVE DATE") and remain in effect until June 30, 2019, or until terminated in accordance with the termination provisions herein, whichever occurs earlier. For consideration received, this Agreement will renew automatically for two terms of three years each, unless 180 days prior to termination of the term,one party provides written notice of intent not to renew to the other ply. IV. TERMINATION The VERDUGO CITIES, acting by majority vote, or the CONTRACTING CITY may terminate this Agreement by giving written notice of such intent to the other party(ies) at least one (1) year prior to the effective date of such termination. V. COSTS A. Per Incident Cost. The annual cost shall be the appropriate charge per incident dispatched multiplied by the number of calls dispatched. Number of calls dispatched shall include incidents that occur within CONTRACTING CITY's jurisdiction plus any additional responses to jurisdictions outside the Verdugo System that arise from aid agreements 1. During the first year of the agreement, the charge per incident ($66.59) dispatched will be multiplied by the annualized total incidents (the first six (6) month's incidents multiplied by two (2)). Page 4 of 13 VERDUGO and VERNON AGREEMENT (a) At the end of the fiscal year, a true-up will be conducted to identify if the Per Incident Cost billed is higher or lower than the actual cost. If the actual number of incidents is found to be lower than the annualized incidents,the appropriate credit will be applied in the following fiscal year. If the actual amount of incidents is higher than the annualized amount previously billed, the next fiscal year's bill will not be adjusted. 2. For Fiscal Year 2017-18, the annual cost shall be the appropriate charge per incident dispatched multiplied by the actual number of calls dispatched during the preceding fiscal year. 3. Beginning July 1, 2017, and during any renewal period, the per incident charge may be increased each fiscal year by an amount up to,but not to exceed, 5% per incident. 4. Beginning July 1, 2018, and during any renewal period,the annual cost shall be the appropriate charge per incident dispatched multiplied by the actual number of calls dispatched during the preceding calendar Year. B. The cost per call for CONTRACTING CITY shall not exceed these amounts in any single year, unless the overall cost for the VERDUGO SYSTEM is substantially increased by unplanned events, including, but not limited to atypical increases in personnel costs, catastrophic hardware system failures or natural disasters. In the event of a substantial increase in the cost as described herein, CONTRACTING CITY's portion of the increase shall be determined by calculating the CONTRACTING CITY's pro rata share of the overall number of dispatched calls in the preceding calendar year. Prior to seeking the increased costs from the CONTRACTING CITY, VERDUGO CITIES will endeavor to utilize all funds set aside for the replacement of the equipment and funds recovered from any insurance settlement, if applicable. C. No Cost to VERDUGO CITIES. Nothing in this Agreement shall be construed to require any of the VERDUGO CITIES to incur any non-reimbursable cost and/or expense for the purpose of implementing this Agreement, or any of its provisions, or to require the VERDUGO SYSTEM to modify, alter, add to, remove or transform any of its existing equipment, system or facilities to implement any of the provisions of this Agreement. It is the intent of this Agreement, and the Parties acknowledge and agree, that any such changes, modifications or alterations shall be at the sole cost of the CONTRACTING CITY. 1. It was agreed upon by the VERDUGO CITIES and the CONTRACTING CITY that the payment for such changes,modifications or alterations will be initially paid for by the VERDGUO COMMUNICATIONS CENTER, and will be billed to the CONTRACTING CITY in four(4)equal payments over the first two(2)years upon implementation of this agreement. Page 5 of 13 VERDUGO and VERNON AGREEMENT D. Billing. For services rendered, inclusive of items identified in section V.A-C, for any full fiscal year,CONTRACTING CITY shall be billed by written invoice every July and January of each fiscal year for the services provided in this Agreement on a semiannual basis, in advance. All invoices shall be payable within thirty (30) days after receipt. VI. RADIO ROAMING SERVICES A. Description of Services. CONTRACTING CITY shall be responsible for establishing and maintaining an agreement with Interagency Communications Interoperability System (ICIS)and/or the Host ICIS Agency for the use of the radio system. CONTRACTING CITY shall arrange and pay for any and all programming of radios. B. Maintenance of Contracting City Radios. CONTRACTING CITY shall perform all maintenance service on its radios, and shall ensure all its radios are operating within the manufacturer's specifications at all times. Should VERDUGO CITIES inform CONTRACTING CITY of a technical problem with one or more of the radios, CONTRACTING CITY shall immediately perform maintenance on such radio as may be required by the ICI System to ensure reliability of the radio system. C. Disclaimer. In the event an agreement with ICI System and/or the Host ICI System Agency lapses and/or is terminated, VERDUGO CITIES cannot be held liable for loss or reliability of the dispatch services provided herein. VII. INDEMNITY A. Assumption of Risk. Each Party to this Agreement assumes full and sole responsibility for all risks of injury and damages, including damage to all operating equipment, arising from its own operation and use of, and its own repairs and maintenance performed on the equipment and each shall be solely responsible for all claims, liability, loss, suits, damages, costs, and expenses (including attorneys' fees and costs of litigation) and personal injuries (including death at any time) resulting directly or indirectly from, or arising out of, its own operation and use of, and its own repairs and maintenance performed on the equipment and accessories. Each Party shall bear the full legal and financial responsibility for its own conduct, actions and omissions carried out in the performance of that Party's obligations and responsibilities under this Agreement. B. Workers' Compensation. Workers' Compensation claims shall be paid by the employer of any injured worker, and subrogation rights against all Parties are expressly waived. C. Liability for Mutual/Automatic Aid. Notwithstanding any other provisions of this Agreement, and with respect to Section I.A.12. above, the CONTRACTING CITY shall indemnify, defend and hold harmless the VERDUGO CITIES and any other public service provider, from and against any claims or liability, including death, injury or property damage, and including the costs of defense, arising out of Page 6 of 13 VERDUGO and VERNON AGREEMENT the making of any calls,initiating any contact,or other actions or omissions relating to Area,Regional and/or specific agency mutual aid and/or automatic aid whenever such aid is contacted or otherwise summoned to respond from outside of the jurisdiction of the CONTRACTING CITY. The Parties acknowledge and agree that whenever such mutual aid and/or automatic aid is contacted or otherwise summoned by the VERDUGO CITIES, such contact is made as a courtesy in order to facilitate the implementation of such mutual aid and/or automatic aid and is not intended to create any liability on the part of the VERDUGO CITIES or any public service provider which provides such mutual aid or automatic aid. All liability for salaries, wages, and other compensation shall be that of each employing agency. VIII. GENERAL PROVISIONS A. Entire Agreement. This Agreement supersedes any and all other Agreements, either oral or in writing,between the parties hereto with respect to the subj ect matter hereof,and no other Agreement,statement,or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. In interpreting this Agreement and resolving any ambiguities, this Agreement will take precedence over any cover page or attachments. B. Interpretation. This Agreement is the product of negotiation and compromise on the Parties' part. Every provision in this Agreement shall be interpreted as though the Parties equally participated in its drafting. Therefore, notwithstanding the provisions in California Civil Code Section 1654 to the contrary, if this Agreement's language is uncertain, the Agreement shall not be construed against the Party causing the uncertainty to exist. C. Governine Law. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of California. D. Severability. Should any part, term or provision of this Agreement or any document required herein to be executed be declared invalid,void or unenforceable, all remaining parts,terms and provisions hereof shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. E. Attorneys' Fees. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which he, she or it may be entitled. "Prevailing party" means a party who dismisses the action or proceeding in exchange for payment of the sum(s) allegedly due; performance of the term(s) or covenant(s) allegedly breached or violated; or consideration substantially equal to the relief sought in the action. "Reasonable attorneys' fees"of the City Attorney's office means the fees regularly charged by private attorneys who: (a) practice in a law firm located in Los Angeles County; and (b) have an equivalent number of years of professional experience in the subject matter area of the law for which the City Attorney's services were rendered. Page 7 of 13 VERDUGO acid VERNON AGREEMENT F. Waiver of Breach. The waiver of either party of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that same or any other provision. G. Assignment. Nothing under this Agreement shall be construed to give any rights or benefits to any party other than VERDUGO CITIES and CONTRACTING CITY. All duties and responsibilities under this Agreement shall be for the sole and exclusive benefit of VERDUGO CITIES and CONTRACTING CITY, and not for the benefit of any other party. CONTRACTING CITY shall not assign any right or interest in this Agreement, and shall not delegate any duty owed, without VERDUGO CITIES' prior written consent. Any attempted assignment or delegation shall be void and totally ineffective for all purposes, and shall constitute a material breach upon which VERDUGO CITIES may immediately terminate or suspend this Agreement. In the event the VERDUGO CITIES consent to an assignment or delegation, the assignee, delegatee, or its legal representative shall agree in writing to personally assume, perform, and be bound by this Agreement's covenants, conditions, obligations and provisions. H. Successors and Assigns. Subject to the provision regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respective parties. L Time is of the Essence. Whenever a task is to be performed by VERDUGO CITIES or CONTRACTING CITY herein,same shall be performed consistent with any time constraints set forth hereunder including exhibits, time being considered of the essence of this Agreement. Unless otherwise specified in this Agreement, all references to "days" refer to calendar days. J. Force Maieure. None of the Parties shall be considered in default in the performance of their obligations hereunder or any of them, if such obligations were prevented or delayed by any cause,existing or future,beyond the reasonable control of such party which include but are not limited to acts of God or civil unrest. Any delays beyond the control of the Parties shall automatically extend the time schedule as set forth in this Agreement by the period of any such delay. K. Notices. Notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed validly given on the date either personally delivered to the address indicated below; or on the third (3rd) business day following deposit, postage prepaid, using certified mail, return receipt requested, in any U.S. Postal mailbox or at any U.S. Post Office; or when sent via facsimile to a party at the facsimile number set forth below or to such other or further facsimile number provided in a notice sent under the terms of this paragraph, on the date of transmission of that facsimile. Should any of the Parties have a change of address, they shall immediately notify the other Parties in writing of such change, provided, however, that each address for notice must include a street address and not merely a post office box. All notices, demands or requests shall be given to following addresses: Page 8 of 13 VERDUGO and MUNON AGREEMENT City of Burbank: City of Glendale: Fire Chief Fire Chief Burbank Fire Department Glendale Fire Department 311 E. Orange Grove 421 Oak Street Burbank, CA 91502 Glendale, CA 91204-1298 Tel. No. 818-238-3473 Tel. No. 818-548-4814 Fax. No. 818-238-3483 Fax. No. 818-547-1031 City of Vernon: City of Pasadena: Fire Chief Fire Chief Vernon Fire Department Pasadena Fire Department 4305 Santa Fe Avenue 215 N. Marengo Avenue, # 195 Vernon, CA 90058 Pasadena, CA 91101 Tel. No. 323-583-8811 Tel. No. 626-744-4675 Fax. No. 323-826-1407 Fax. No. 818-585-9164 L. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one and the same document. Each of the Parties shall sign a sufficient number of counterparts, so that each Parry will receive a fully executed original of this Agreement. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed and attested to by the proper officers hereunder duly authorized, their official seals to be heretofore affixed. Page 9 of 13 4'ERDUGQ and VERNON AGREEMENT CITY OF VERNON Date: _ By: City Administrator (SEAL) ATTEST: By: Maria E. Ayala, City Clerk APPROVED AS TO FORM THIS day of . 201—. Herna Patel, City Attorney CITY OF BURBANK Date: _ By: City Manager (SEAL) ATTEST: B : City Clerk APPROVED AS TO FORM THIS day of _. 201_. City Attorney Page 10 of 13 VERMOO rd}'FRNQY 4fjkR0gFNT CITY OF GLENDALE Date: By: City Manager (SEAL) ATTEST: City Clerk APPROVED AS TO FORM THIS day of , 201_. City Attorney CITY OF PASADENA Date: By: City Manager (SEAL) ATTEST: By- City Clerk APPROVED AS TO FORM THIS day of . 201_. City Attorney Page 11 of 13 VERDUGO and VERNON AGREEMENT ATTACHMENT LIST "Attachment A": Initial Infrastructure Costs (1 page) Page 12 of 13 VERDUGO and VERNON AGREEMENT Attachment A Initial Infrastructure Costs Fire Station Aferffrog System Est,Costa Q intity Extension Amount Station Alerting MCU(Westnet): $ 159,174.94 1 $ 159,175 $ 159,175 Motorola FlashTrunking9600Baud $ 100.00 10 $ 1,000 $ 1,000 Antenna-800MHz Omni: $ 100.00 4 $ 400 $ 400 Antenna Cable Installations $ 2,000.00 4 $ 8,000 $ 8,000 _ Antenna-460-490 MHz Omni: $ 150.00 8 $ 1,200 $ 1,200 subtorot: � iS�.�r� Mobile Data Computers(MDC) Est_Cast$ Quantiy! Extension Agency Responsibility. PCMSS Client License: $ 380.00 13 $ 4,940 $ 4,940 Mobile Mapping&AVLSoftware License: $ 500.00 13 $ 6,500 $ 6,500 Subtotal: $ 11,440 Phones Est,Cost$ Quantity Extension Apn Reg ity 7-Digit Emergency Lines(RCF/CNF)x1 lines: $ 140.00 2 $ 280 $ 280 PD Ring-Down(Direct-Connects)Lines: $ 154.00 1 $ 154 $ 154 Otherthan 9-1-1 Installation/Labor: $ 1,000.00 1 $ 1,000 $ 1,000 Subtotal: ; 1. $dette bn A fflncy Ibl GI S Work/GeoFi le Conversion: $ 10,000.00 _ 1 $ 10,000 $ 10,000 Subtotal: $ 10,000 _ Agency Res ponsibilitf infrastructure Totals: $ 192.649 Grand Totals: $ 19 60 Page 13 of 13 VERDUGO and VERNON AGREE.�NT w� RECEIVED RECEIVED } JAN 2 8 2016 * ,� JAN 2 8 2016 CITY GLERK'SOFFICE CITY ADMI(�IST STAFF REPORT VERNON GAS & ELECTRIC DEPARTMENT DATE: February 2,2016 TO: Honorable Mayor and City Council FROM: Carlos Fandino Jr., Director of Vernon Gas & Electric Department , Originator: Diana Figueroa,Administrative Secretary Ok" 0 RE: Amendments to Power Purchase Tolling Agreement,Hoover Contract for Differences, Interconnection Transmission Services Agreement; Limited Waiver of Default; and Estoppel Certificate by and between the City of Vernon and Bicent California Recommendation A. Find that (a) the amendments for agreements between the City of Vernon and Bicent California are not in reference to a "project' subject to the California Environmental Quality Act (CEQA) under Guidelines section 15378 because it involves the administrative activity of purchasing power; and (b) even if this approval were a "project' subject to CEQA, the approval requested is exempt 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 because purchasing power is purely a financial transaction, and any construction that may occur by a private party in the future in reliance on this approval would be subject to CEQA review by another governmental agency at that time when actual details of any physical proposal would be more than speculative; and B. Approve the following amendments between the City of Vernon (the "City") and Bicent California, in substantially the same form as attached herewith, for the purpose of acknowledging a change in control at Bicent California, the owner of the Malburg Generating Station(MGS) facility: 1. Third Amendment and Consent to Power Purchase Tolling Agreement("PPTA") 2. First Amendment and Consent to Hoover Contract for Differences("CFD") 3. First Amendment and Consent to Interconnection Transmission Services ("ITS") Agreement: and Page 1 of 3 C. Authorize the Director of Vernon Gas & Electric ("VG&E") to execute all aforementioned amendments between the City of Vernon and Bicent California which would provide City consent for the allowance of an owner change of MGS (the "Facility"), the addition of a new equity partner. There is no fiscal impact as a consequence of the implementation of the proposed amendments; and D. Approve and authorize the Director of VG&E to execute the Limited Waiver of Control Room Default under the Lease, in substantially the same form as attached herewith, pursuant to which Bicent waives (i) the City's existing Control Room Default and (ii) Bicent's Discharge Right limited exclusively to and arising out of such Control Room Default. With this execution of this agreement, Bicent forever waives the City's existing Control Room Default; and E. Approve and authorize the Director of VG&E to execute the Estoppel Certificate, in substantially the same form as attached herewith, which essentially summarizes the details of the Bicent transaction, proposed amendments, and waiver. Background On April 10, 2008, Bicent (California) Malburg LLC acquired the City of Vernon's interest in the combined cycle natural gas-fired generating facility known as the Malburg Generating Station, located at 2715 East 50th Street, Vernon, California, 90058 (the "Facility"), pursuant to that certain Amended and Restated Purchase and Sale Agreement, dated as of December 13, 2007, by and between Bicent (California) Power LLC, a Delaware limited liability company, and the City (as it has been or may be amended, the "PSA"). Concurrently, the parties entered into three agreements: • PPTA, pursuant to which Bicent agreed to sell and deliver exclusively to the City of Vernon, and the City agreed to purchase and receive, on a tolling basis, Contract Capacity, Contract Energy, Ancillary Services, and Resource Adequacy Benefits from the Facility under the terms and conditions set forth in the PPTA • Hoover Contract for Differences (the "Hoover CFD") for the purpose of engaging in a financial swap for Contract Energy and Contract Capacity based on the cost incurred by Vernon pursuant to that certain Contract for Electrical Services between Vernon and Western Area Power Administration Interconnection and Transmission Services Agreement (the "ITSA") for the purpose of interconnecting the Generating Facility with the Distribution System and to set forth the terms and conditions pursuant to which Vernon will provide firm transmission services to MGS Owner for the transmission of Products from the Generating Facility to the Receiving Point after the PPTA Termination Date On November 25, 2015, Affiliates of NGP and Paul B. Prager entered into a purchase and sale agreement with Malburg Generation LLC, an Affiliate of GSO Capital Partners LP, for the purchase and sale of all of the interests in Bicent (California) LLC, the indirect owner of the Page 2 of 3 Seller and the Facility (the "Transaction"). The amendments attached address certain matters in connection with the Transaction. The key elements of the amendments are as follows: • Consent to Transaction • Effective as of the closing date of the Transaction (the "Effective Date"), upon Council approval, the PPTA, CFD, and ITSA shall be amended by adding the defined terms in the appropriate sections As a gesture of good business, both parties have negotiated the Limited Waiver of Control Room Default as well. With the City's prompt action to approve the consent for the Bicent change of ownership, Bicent has agreed to forever waive the City's existing Control Room Default. The amendments, waiver, and estoppel between the City of Vernon and Bicent California have been reviewed and approved by the City Attorney's office. VG&E staff recommends that the City Council approve and authorize their execution by the Director of Gas & Electric. Fiscal Impact There is no known fiscal impact. Attachment(s) 1. Third Amendment and Consent to Power Purchase Tolling Agreement 2. First Amendment and Consent to Hoover Contract for Differences J. First Amendment and Consent to Interconnection Transmission Services Agreement 4. Limited Waiver of Control Room Default 5. Estoppel Certificate Page 3 of 3 Execution Copy THIRD AMENDMENT AND CONSENT TO POWER PURCHASE TOLLING AGREEMENT This THIRD AMENDMENT AND CONSENT TO POWER PURCHASE TOLLING AGREEMENT (this 'Td Amendment") is entered into as of January _, 2016, by and between Bicent (California) Malburg LLC, a Delaware limited liability company {"Seller"), and the City of Vernon, a municipal corporation and chartered city duly organized and existing under and by virtue of the Constitution and laws of the State of California that is also a publicly-owned electric utility as defined in Section 9604 of the California Public Utilities Code ("Buyer"). Each of Seller and Buyer are referred to herein individually as a "Party" and collectively as the "Parties." Capitalized terms used herein and not otherwise defined have the meaning set forth in the 2°d Amended PPTA (as defined below). RECITALS A, On April 10, 2008, Seller acquired Buyer's interest in the combined cycle natural gas- fired generating facility known as the Malburg Generating Station, located at 2715 East 50t' Street, Vernon, California, 90058 (the "Facility"), pursuant to that certain Amended and Restated Purchase and Sale Agreement, dated as of December 13, 2007, by and between Bicent (California) Power LLC, a Delaware limited liability company, and the City(as it has been or may be amended, the "PSA"). R_ Concurrently, the Parties entered into that certain power purchase tolling agreement (the "PPTA"), pursuant to which Seller agreed to sell and deliver exclusively to Buyer, and Buyer agreed to purchase and receive, on a tolling basis, Contract Capacity, Contract Energy, Ancillary Services, and Resource Adequacy Benefits from the Facility under the terms and conditions set forth in the PPTA. C. On December 31, 2009, the Parties amended the PPTA pursuant to that certain first amendment to power purchase tolling agreement (the "First Amendment", and the PPTA, as so amended, the "Amended PPTA") to resolve certain disputes that arose between the Parties under the PPTA and PSA. D. On June 3, 2011, the Parties further amended the Amended PPTA pursuant to that certain second amendment to power purchase tolling agreement (the Amended PPTA, as further amended, the "2nd Amended PPTA") to clarify certain PPTA terms relating to, inter alia, the Minimum Dispatch Level of the Facility. h, On November 25, 2015, Affiliates of NGP and Paul B. Prager entered into a purchase and sale agreement with Malburg Generation LLC, an Affiliate of GSO Capital Partners LP, for the purchase and sale of all of the interests in Bicent (California) LLC, the indirect owner of the Seller and the Facility (the "Transaction"). F. The Parties deem it to be in their respective best interests to enter into this P Amendment to address certain matters in connection with the Transaction. NOW, THEREFORE, in consideration of the respective covenants and promises contained herein and for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: AGREEMENT ARTICLE 1. CONSENT OF BUYER TO ASSIGNMENT 1.1 Consent to Transaction. Per Section 20.4.1 of the 2"d Amended PPTA, Buyer hereby irrevocably consents to the Assignment of the 2"d Amended PPTA in connection with and resulting from the Transaction. ARTICLE 2. AMENDMENTS AND AGREEMENTS 2.1 Amendments to Section 1.1 of the 2"d Amended PPTA. (a) Effective as of the closing date of the Transaction (the "Effective Date"), Section 1.1 of the 2"d Amended PPTA shall be amended by deleting the following defined terms in their entirety: ""NGP"means any limited partnership, limited liability company or other Person for which NGP Energy Capital Management or any other fund management company that is a successor to, an Affiliate of, or under common control with NGP Energy Capital Management acts as investment manager. "NGP Energy Capital Management" means NGP Energy Capital Management, L.L.C., a Texas limited liability company." (b) As of the Effective Date, Section 1.1 of the 2nd Amended PPTA shall be amended by adding the following defined terms in the appropriate alphabetical location in Section 1.1 of the 2"d Amended PPTA: ""GSO"means any limited partnership, limited liability company or other Person for which GSO Capital Partners or any other fund management company that is a successor to, an Affiliate of, or under common control with GSO Capital Partners acts as investment manager. "GSO Capital Partners" means GSO Capital Partners LP, a Delaware limited partnership." 2.2 Amendment and Restatement of Section 20.4.1 of the 2"d Amended PPTA_ As of the Effective Date, Section 20.4.1 of the 2" Amended PPTA shall be amended and restated in its entirety as follows: Third lrnendment sO_l kilo PuNhasr Tolling A.-rcement 2 "Section 20.4. Assignment. Section 20.4.1 This Agreement is binding upon and inures to the benefit of the successors and assigns of the Parties. However, neither Party shall Assign this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld, except that Seller may Assign this Agreement to an Affiliate or to its financing sources for collateral purposes without the prior written consent of Buyer. Any such Assignment is conditioned on the assignee's agreement in writing to assume the assigning Party's duties and obligations under this Agreement. Any Assignment to an Affiliate effected in accordance with this Error! Reference source not found. shall not relieve the assigning Party of its obligations and liabilities under this Agreement. For purposes of this Error! Reference source not found., "Assign" or "Assignment" means any direct or indirect assignment, subcontracting or other transfer of this Agreement, including, with respect to Seller, any change of control of Seller; provided, however, that "Assign" or "Assignment" shall not include any transaction if after giving effect to such transaction GSO and/or Paul B. Prager directly or indirectly control the Facility." ARTICLE 3. MISCELLANEOUS 3.1 Reference to Agreement. Any and all other agreements, documents or instruments now or hereafter executed and/or delivered pursuant to the terms hereof or pursuant to the terms of the 2"d Amended PPTA are hereby amended so that any reference to the 2"d Amended PPTA, whether direct or indirect, shall mean a reference to the 2"d Amended PPTA as further amended by this 3rd Amendment. 3.2 Governing Law. THIS 3`d AMENDMENT AND THE RIGHTS AND DUTIES OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY AND CONSTRUED, ENFORCED AND PERFORMED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW. EACH PARTY WAIVES ITS RESPECTIVE RIGHT TO ANY JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING UNDER OR IN CONNECTION WITH THIS 3" AMENDMENT. 3.3 Dispute Resolution. The Parties affirm that any and all disputes, claims or controversies arising out of, relating to, concerning or pertaining to the terms of this 3`d Amendment, or to either Party's performance or failure of performance under this 3`d Amendment shall be subject to the dispute resolution provisions of Article XIX of the 2"d Amended PPTA. 3.4 Counterparts. This 3`d Amendment may be executed and delivered by the Parties in any number of counterparts, with copies by electronic transmission acceptable, each of which "Third AmmdMnt to PipwcT Purchax Tolling Agreement 3 when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. 3.5 Full Force and Effect; Construction. Each Party confirms that the 2"d Amended PPTA is in full force and effect and remains a binding obligation of the Parties. To the extent that this 3`d Amendment conflicts in any way with the 2"d Amended PPTA, the 2"d Amended PPTA shall be deemed modified hereby. 3.6 No Obligation for Other Amendments. This .3 Amendment is intended to be a part of, and will serve as a valid, written amendment to, the 2"d Amended PPTA as required by Section 20.9 thereof. Except as otherwise set forth in this 3`d Amendment, this 3rd Amendment shall not by implication or otherwise alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the 2"d Amended PPTA, all of which are ratified and affirmed in all respects and shall continue in full force and effect, and this 3`d Amendment will not operate as an extension or waiver by the Parties of any other condition, covenant, obligation, right, power or privilege under the 2"d Amended PPTA. This 3rd Amendment (including its exhibits and appendices) constitutes the entire agreement between the Parties relating to the subject matter of this 3rd Amendment, and shall not be considered to create a course of dealing, an admission of liability or to otherwise obligate either Party to execute similar amendments or grant any waivers under the same or similar circumstances in the future. [This space intentionally left blank] Thir .-Mcritimcni to Poivcr Pumhasc ToU in-,A&reemem 4 IN WITNESS WHEREOF, the Parties have executed this 3rd Amendment and Consent to the 2nd Amended PPTA as of the date first above written. THE CITY: ATTEST: CITY OF VERNON CITY OF VERNON By: By: Carlos Fandino Name: Director of Light and Power City Cleric BICENT: BICENT (CALIFORNIA) POWER LLC By Name: Title: BICENT MALBURG: BICENT (CALIFORNIA) MALBURG LLC By: Name: Title: Third Amendment to Power Purchase Tolling Agreement Execution Cony FIRST AMENDMENT AND CONSENT TO HOOVER CONTRACT FOR DIFFERENCES This FIRST AMENDMENT AND CONSENT TO HOOVER CONTRACT FOR DIFFERENCES (this "I" Amendment") is entered into as of January _, 2016, by and between Bicent (California) Hoover LLC, a Delaware limited liability company ("Bicent"), and the City of Vernon, a municipal corporation and chartered city duly organized and existing under and by virtue of the Constitution and laws of the State of California that is also a publicly-owned electric utility as defined in Section 9604 of the California Public Utilities Code ("Vernon'). Each of Bicent and Vernon are referred to herein individually as a "Party" and collectively as the "Parties." Capitalized terms used herein and not otherwise defined have the meaning set forth in the Hoover CFD (as defined below). RECITALS A. On April 10, 2008, Bicent (California) Malburg LLC ("Bicent Malburg") acquired Vernon's interest in the combined cycle natural gas-fired generating facility known as the Malburg Generating Station, located at 2715 East 50ffi Street, Vernon, California, 90058 (the "Generating Facility"), pursuant to that certain Amended and Restated Purchase and Sale Agreement, dated as of December 13, 2007, by and between Bicent (California) Power LLC, a Delaware limited liability company, and Vernon (the "PSAI'). B. Concurrently, (i) Bicent Malburg and Vernon entered into that certain power purchase tolling agreement (as subsequently amended, the "PPTA"), pursuant to which Bicent Malburg agreed to sell and deliver exclusively to Vernon, and Vernon agreed to purchase and receive, certain products from the Generating Facility under the terms and conditions set forth in the PPTA, and (ii) Bicent and Vernon entered into that certain Hoover Contract for Differences (the "Hoover CFD") for the purpose of engaging in a financial swap for Contract Energy and Contract Capacity based on the cost incurred by Vernon pursuant to that certain Contract for Electrical Services between Vernon and Western Area Power Administration, dated as of February 6, 1987, and certain fixed prices, as described in further detail in the Hoover CFD. C. On November 25, 2015, Affiliates of NGP and Paul B. Prager entered into a purchase and sale agreement with Malburg Generation LLC, an Affiliate of GSO Capital Partners LP, for the purchase and sale of all of the interests in Bicent (California) LLC, the indirect owner of Bicent, Bicent Malburg and the Generating Facility (the"Transaction"). D. The Parties deem it to be in their respective best interests to enter into this I" Amendment to address certain matters in connection with the Transaction. NOW, THEREFORE, in consideration of the respective covenants and promises contained herein and for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: AGREEMENT ARTICLE 1. CONSENT OF VERNON TO ASSIGNMENT 1.1 Consent to Transaction. Per Section 9.5.1 of the Hoover CFD, Vernon hereby irrevocably consents to the Assignment of the Hoover CFD in connection with and resulting from the Transaction. ARTICLE 2. AMENDMENTS AND AGREEMENTS 2.1 Amendments to Article 1 of the Hoover CFD. (a) Effective as of the closing date of the Transaction (the "Effective Date"), Section 1.1 of the Hoover CFD shall be amended by deleting the following defined terms in their entirety: ""NGP"means any limited partnership, limited liability company or other Person for which NGP Energy Capital Management or any other fund management company that is a successor to, an Affiliate of, or under common control with NGP Energy Capital Management acts as investment manager. "NGP Enemy Capital Management" means NGP Energy Capital Management, L.L.C., a Texas limited liability company." (b) As of the Effective Date, Section 1.1 of the Hoover CFD shall be amended by adding the following defined terms in the appropriate alphabetical location in Section 1.1 of the Hoover CFD: ""GSO" means any limited partnership, limited liability company or other Person for which GSO Capital Partners or any other fund management company that is a successor to, an Affiliate of, or under common control with GSO Capital Partners acts as investment manager. "GSO Capital Partners" means GSO Capital Partners LP, a Delaware limited partnership." 2.2 Amendment and Restatement of Section 9.5.1 of the Hoover CFD. As of the Effective Date, Section 9.5.1 of the Hoover CFD shall be amended and restated in its entirety as follows: "9.5.1. Assignment. This Agreement is binding upon and inures to the benefit of the successors and assigns of the Parties. However, neither Party shall Assign this First Amendment to hoover Contort for Diffi;rrnLns 2 Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld, except that Bicent may Assign this Agreement to an Affiliate or to its financing sources for collateral purposes without the prior written consent of Vernon. Any such Assignment is conditioned on the assignee's agreement in writing to assume the assigning Party's duties and obligations under this Agreement. Any Assignment to an Affiliate effected in accordance with this Section 9.5.1 shall not relieve the assigning Party of its obligations and liabilities under this Agreement. For purposes of this Section 9.5.1, "Assign" or "Assignment" means any direct or indirect assignment, subcontracting or other transfer of this Agreement, including, with respect to Bicent, any change of control of Bicent; provided, however, that "Assign" or "Assigm-nent" shall not include any transaction if after giving effect to such transaction GSO and/or Paul B. Prager directly or indirectly control the Facility." ARTICLE 3. MISCELLANEOUS M Reference to Agreement. Any and all other agreements, documents or instruments now or hereafter executed and/or delivered pursuant to the terms hereof or pursuant to the terms of Hoover CFD are hereby amended so that any reference to the Hoover CFD, whether direct or indirect, shall mean a reference to the Hoover CFD as further amended by this I"Amendment. 3.2 Governing Law. THIS 1 s' AMENDMENT AND THE RIGHTS AND DUTIES OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY AND CONSTRUED, ENFORCED AND PERFORMED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW. EACH PARTY WAIVES ITS RESPECTIVE RIGHT TO ANY JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING UNDER OR IN CONNECTION WITH THIS Is' AMENDMENT. 3.3 Dispute Resolution. The Parties affirm that any and all disputes, claims or controversies arising out of, relating to, concerning or pertaining to the terms of this I" Amendment, or to either Party's performance or failure of performance under this Is' Amendment shall be subject to the dispute resolution provisions of Article VIII of the Hoover CFD. 3.4 Counterparts. This 0 Amendment may be executed and delivered by the Parties in any number of counterparts, with copies by electronic transmission acceptable, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. 3.5 Full Force and Effect;Construction. Each Party confirms that the Hoover CFD is in full force and effect and remains a binding obligation of the Parties. To the extent that this 1 s' Fb4 Amcndmcnt to Louver Contract for Differences 3 Amendment conflicts in any way with the Hoover CFD, the Hoover CFD shall be deemed modified hereby. 3.6 No-Obligation for Other Amendments. This I" Amendment is intended to be a part of, and will serve as a valid, written amendment to, the Hoover CFD as required by Section 9.10 thereof. Except as otherwise set forth in this l st Amendment, this I" Amendment shall not by implication or otherwise alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Hoover CFD, all of which are ratified and affirmed in all respects and shall continue in full force and effect, and this I" Amendment will not operate as an extension or waiver by the Parties of any other condition, covenant, obligation, right, power or privilege under the Hoover CFD. This I" Amendment (including its exhibits and appendices) constitutes the entire agreement between the Parties relating to the subject matter of this I" Amendment, and shall not be considered to create a course of dealing, an admission of liability or to otherwise obligate either Party to execute similar amendments or grant any waivers under the same or similar circumstances in the future. [This space intentionally left blank] tint Amendment to R00%erConILW FaI Diff5rcnccs 4 IN WITNESS WHEREOF, the Parties have executed this I" Amendment and Consent to the Hoover CFD as of the date first above written. VERNON: ATTEST: CITY OF VERNON CITY OF VERNON By: --- — By: Carlos Fandino Name: Director of Light and Power City Clerk BICENT: BICENT(CALIFORNIA) POWER LLC By:_ Name: — — -— -- Title: BICENT HOOVER: BICENT(CALIFORNIA) HOOVER LLC By: Name: Title: First Amendment to Hoover Contract for Differences Execution Copy FIRST AMENDMENT AND CONSENT TO INTERCONNECTION TRANSMISSION SERVICES AGREEMENT This FIRST AMENDMENT AND CONSENT TO INTERCONNECTION TRANSMISSION SERVICES AGREEMENT (this "1ST Amendment") is entered into as of January_, 2016, by and between Bicent (California) Malburg LLC, a Delaware limited liability company ("MGS Owner"), and the City of Vernon, a municipal corporation and chartered city duly organized and existing under and by virtue of the Constitution and laws of the State of California that is also a publicly-owned electric utility as defined in Section 9604 of the California Public Utilities Code ("Vernon"). Each of MGS Owner and Vernon are referred to herein individually as a "Party" and collectively as the "Parties." Capitalized terms used herein and not otherwise defined have the meaning set forth in the ITSA (as defined below). RECITALS A. On April 10, 2008, MGS Owner acquired Vernon's interest in the combined cycle natural gas-fired generating facility known as the Malburg Generating Station, located at 2715 East 50'' Street, Vernon, California, 90058 (the "Generating Facility"), pursuant to that certain Amended and Restated Purchase and Sale Agreement, dated as of December 13, 2007, by and between Bicent (California) Power LLC, a Delaware limited liability company, and Vernon (the "PSA"). B. Concurrently, the Parties entered into (1) that certain power purchase tolling agreement (as subsequently amended, the "PPTA"), pursuant to which MGS Owner agreed to sell and deliver exclusively to Vernon, and Vernon agreed to purchase and receive, certain products from the Generating Facility under the terms and conditions set forth in the PPTA, and (ii) that certain Interconnection and Transmission Services Agreement (the "ITSA") for the purpose of interconnecting the Generating Facility with the Distribution System and to set forth the terms and conditions pursuant to which Vernon will provide firm transmission services to MGS Owner for the transmission of Products from the Generating Facility to the Receiving Point after the PPTA Termination Date. C. On November 25, 2015, Affiliates of NGP and Paul B. Prager entered into a purchase and sale agreement with Malburg Generation LLC, an Affiliate of GSO Capital Partners LP, for the purchase and sale of all of the interests in Bicent (California) LLC, the indirect owner of MGS Owner and the Generating Facility (the "Transaction'). D. The Parties deem it to be in their respective best interests to enter into this 1" Amendment to address certain matters in connection with the Transaction. NOW, THEREFORE, in consideration of the respective covenants and promises contained herein and for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: AGREEMENT ARTICLE 1. CONSENT OF VERNON TO ASSIGNMENT 1.1 Consent to Transaction. Per Section 17.1 of the ITSA, Vernon hereby irrevocably consents to the Assignment of the ITSA in connection with and resulting from the Transaction. ARTICLE 2. AMENDMENTS AND AGREEMENTS 2.1 Amendments to Article 1 of the ITSA. (a) Effective as of the closing date of the Transaction(the "Effective Date"), Article I of the ITSA shall be amended by deleting the following defined terms in their entirety: '-"NGP" shall mean any limited partnership, limited liability company or other Person for which NGP Energy Capital Management or any other fund management company that is a successor to, an Affiliate of, or under common control with NGP Energy Capital Management acts as investment manager. "NGP Eneray Capital Mana ement" shall mean NGP Energy Capital Management, L.L.C., a Texas limited liability company." (b) As of the Effective Date, Article 1 of the ITSA shall be amended by adding the following defined terms in the appropriate alphabetical location in Article 1 of the ITSA: ""GSO" shall mean any limited partnership, limited liability company or other Person for which GSO Capital Partners or any other fund management company that is a successor to, an Affiliate of, or under common control with GSO Capital Partners acts as investment manager. "GSO Capital Partners" shall mean GSO Capital Partners LP, a Delaware limited partnership." 2.2 Amendment and Restatement of Section 17.1 of the ITSSA. As of the Effective Date, Section 17.1 of the ITSA shall be amended and restated in its entirety as follows: -`17.1. Assignment. This Agreement is binding upon and inures to the benefit of the successors and assigns of the Parties. However, neither Party shall Assign this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld, except that MGS Owner may Assign this First Amendment to Interconnection Transmission Services Agreement 2 Agreement to an Affiliate or to its financing sources for collateral purposes without the prior written consent of Vernon. Any such Assignment is conditioned on the assignee's agreement in writing to assume the assigning Party's duties and obligations under this Agreement. Any Assignment to an Affiliate effected in accordance with this Section 17.1 shall not relieve the assigning Party of its obligations and liabilities under this Agreement. For purposes of this Section 17.1, "Assign" or "Assignment" means any direct or indirect assignment, subcontracting or other transfer of this Agreement, including, with respect to MGS Owner, any change of control of MGS Owner; provided, however, that "Assign" or "Assignment" shall not include any transaction if after giving effect to such transaction GSO and/or Paul B. Prager directly or indirectly control the Facility. MGS Owner shall have the right to assign this ITSA to a lender as collateral for any debt financing or refinancing relating to the Generating Facility. Vernon shall execute a consent to collateral assignment substantially in the form attached as Exhibit F-1 to the PSA." ARTICLE 3. MISCELLANEOUS -1 Reference to Agreement. Any and all other agreements, documents or instruments now or hereafter executed and/or delivered pursuant to the terms hereof or pursuant to the terms of ITSA are hereby amended so that any reference to the ITSA, whether direct or indirect, shall mean a reference to the ITSA as further amended by this lst Amendment. 3.2 Governing Law. THIS 1st AMENDMENT AND THE RIGHTS AND DUTIES OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY AND CONSTRUED, ENFORCED AND PERFORMED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW. EACH PARTY WAIVES ITS RESPECTIVE RIGHT TO ANY JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING UNDER OR IN CONNECTION WITH THIS 1st AMENDMENT. 3.3 Dispute Resolution. The Parties affirm that any and all disputes, claims or controversies arising out of, relating to, concerning or pertaining to the terms of this I" Amendment, or to either Party's performance or failure of performance under this 1" Amendment shall be subject to the dispute resolution provisions of Article 24 of the ITSA. 3.4 Counterparts. This I" Amendment may be executed and delivered by the Parties in any number of counterparts, with copies by electronic transmission acceptable, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. First Amendment to Interconnection Transmission Services Agreement 3 3.5 Full Force and Effect; Construction. Each Party confirms that the ITSA is in full force and effect and remains a binding obligation of the Parties. To the extent that this 1st Amendment conflicts in any way with the ITSA, the ITSA shall be deemed modified hereby. 3.6 No Obligation for Other Amendments. This I" Amendment is intended to be a part of, and will serve as a valid, written amendment to, the ITSA as required by Section 26.9 thereof. Except as otherwise set forth in this I" Amendment, this I" Amendment shall not by implication or otherwise alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the ITSA, all of which are ratified and affirmed in all respects and shall continue in full force and effect, and this 1" Amendment will not operate as an extension or waiver by the Parties of any other condition, covenant, obligation, right, power or privilege under the ITSA. This I" Amendment (including its exhibits and appendices) constitutes the entire agreement between the Parties relating to the subject matter of this I" Amendment, and shall not be considered to create a course of dealing, an admission of liability or to otherwise obligate either Party to execute similar amendments or grant any waivers under the same or similar circumstances in the future. [This space intentionally left blank] First Amendment to Interconnection"Transmission Services Agreement 4 IN WITNESS WHEREOF, the Parties have executed this ]" Amendment and Consent to the ITSA as of the date first above written. VERNON: ATTEST: CITY OF VERNON CITY OF VERNON By: By: -- Carlos Fandino Name: Director of Light and Power City Clerk BICENT: BICENT (CALIFORNIA) POWER LLC By Name: Title: BICENT MALBURG: BICENT (CALIFORNIA) MALBURG LLC By: Name: Title: First Amendment to Interconnection Transmission Services A eement Execution Cony (Limited Waiver of Control Room Default) [City of Vernon Letterhead] January_, 2016 Bicent(California) Malburg LLC c/o Beowulf Energy LLC 575 Broadway, 3rd Floor New York, NY 10012 Attn: Douglas Halliday, Chief Operating Officer Re: Limited Waiver of Control Room Default under Sections 12.03 and 1.06(a) of the Lease Dear Mr. Halliday: Reference is made to that certain Lease and Grant of Easements, dated April 10, 2008 between the City of Vernon (the "Ci�t ") and Bicent (California) Malburg LLC ("Bicent", as amended, the "Lease"). Capitalized terms used herein and not otherwise defined have the meaning set forth in the Lease. Per Section 1.06(a) of the Lease, the City is required to relocate the Distribution Facility control room from its current location on the first floor of the Historical Building to the basement of the Historical Building no later than two (2) years following the Commencement Date (the "Control Room Deadline"). Because the City did not relocate the control room by the Control Room Deadline, the City failed to perform an obligation specified under the Lease and is thus in default pursuant to Sections 12.03 and 1.06(a) of the Lease (the "Control Room Default"). Section 12.03 of the Lease further provides that Bicent shall have the right, but shall not be obligated, to pay or discharge any such specified obligation under the Lease that the City fails to perform and, should Bicent elect to do so, the City shall reimburse Bicent in the full amount thereof together with Bicent's expenses incurred in connection therewith, including but not limited to, reasonable attorneys' fees(the "Discharge t"). By this letter, the City and Bicent would like to confirm their mutual understanding and agreement that Bicent waives (i) the City's existing Control Room Default and (ii) Bicent's Discharge Right limited exclusively to and arising out of such Control Room Default (collectively the ``Waiver"). 1 It is further understood and agreed by the parties that (i) the Waiver is limited as written, (ii) nothing in this letter shall be deemed to constitute a waiver of any other term, provision or condition of the Lease in any other instance than as set forth herein or prejudice any right or remedy that any party hereto may have or may in the future have under the Lease, and (iii) except as otherwise amended by this Waiver, all terms, conditions and covenants contained in the Lease shall be and remain in full force and effect Please countersign this letter in the space provided below to confirm the above mutual understanding and agreement_ Very Truly Yours, CITY OF VERNON By: Carlos Eandino Director of Light and Power ATTEST: By: Name: City Clerk ACCEPTED AND AGREED On January_, 2016: BICENT (CALIFORNIA) MALBURG LLC By: Name: Douglas Halliday Title: Chief Operating Officer cc: Carlos Fandino, Jr. Carl L. Reisner, Esq. Neeraj Arora, Esq. ESTOPPEL CERTIFICATE 2016 Malburg Generation LLC c/o GSO Capital Partners LP 345 Park Avenue, 31 st Floor New York, New York 10154 Attention: Patrick Fleury Re: Lease and Grant of Easements by and between The City of Vernon, as Landlord (the "Landlord"), and Bicent (California) Malburg LLC, as Tenant(the "Tenant"), dated April 10, 2008 (the "Lease"). Beowulf(California) LLC, a Delaware limited liability company ("Beowulf'), and Bicent Prime Holdings LLC, a Delaware limited liability company (`Bicent Prime" and, together with Beowulf, the "Sellers"), own 8.66% and 91.34%, respectively, of the membership interests of Bicent (California) LLC, a Delaware limited liability company, which is the sole member of the Tenant (collectively, the "Membership Interests"). The undersigned acknowledges that the Sellers intend to sell the Membership Interests to Malburg Generation LLC, a Delaware limited liability company (the `Buyer"), and the Buyer desires to purchase from the Sellers, all such Membership Interests (the "Transaction"). In connection with the Transaction, the undersigned hereby certifies to the Buyer that, as of the date hereof. I. The Lease is unmodified and in full force and effect; 2. To the best knowledge of the Landlord, there are no existing offsets or defenses against the enforcement of any of the terms, covenants or conditions hereof upon the part of the Landlord to be performed; and 3. The Tenant has paid the rent and other charges through January , 2016. 4. To the best knowledge of the Landlord, Tenant is not in default under any term, covenant or condition of the Lease nor is there any fact or condition with which, with notice or lapse of time or both, will become a default or otherwise entitle Landlord to terminate the Lease, nor is there notice of any pending default by Tenant. [Signatures appear on following pages] IN WITNESS WHEREOF, the undersigned has caused this Estoppel Certificate to be executed as of the date first written above. THE CITY: ATTEST: CITY OF VERNON CITY OF VERNON By: By: — — Carlos Fandino Name: Director of Light and Power City Clerk cc: c/o GSO Capital Partners LP 345 Park Avenue, 31 st Floor New York,New York 10154 Attention: Chief Legal Officer Email: gsolegal@gsocap.com Bryan Cave LLP 1200 Main Street, Suite 3800 Kansas City, Missouri 64105 Attention: Joe Dubinski Fax: (816) 855-3383 v EGk-d ' �:'a 'EIVEQ + e Y 19 CLERK'S OFFICE STAFF REPORT CITY HDiVIIiVISTRA HUMAN RESOURCES DEPARTMENT DATE: February 2, 2016 TO: Honorable Mayor and City Council FROM: Lisette Grizzelle, Interim Director of Human Resources Department{ RE: Approval of a Resolution Adopting an Amended and Restated Citywide Fringe Benefits and Salary Resolution and Deputy City Clerk Job Description in Accordance with Government Code Section 20636(B)(1) and Repealing All Resolutions in Conflict Therewith Recommendation A. Find that approval of the resolution proposed action is exempt from California Environmental Quality Act ("CEQA") review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378. B. Adopt the attached resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, effective February 2, 2016, to reflect the following provision: 1) Amend Exhibit A, Classification and Compensation Plan, as follows: a) Change salary grade for Deputy City Clerk to (C26 - $6,238 - $7582 — Confidential Group) C. Adopt the revised Deputy City Clerk Job Description, effective February 2, 2016, to reflect the following provision: 2) Adopt Revised Deputy City Clerk Job Description. Background During the regular City Council meeting of January 19, 2016, Ana Barcia current Deputy City Clerk announced her resignation effective Thursday, January 28, 2016. As a result of this announcement, City Clerk Maria Ayala requested a survey be conducted by Human Resources to assess the Deputy City Clerk position against the City's established comparable agencies. A survey was conducted to assess the City's Deputy City Clerk job description and salary range. The survey results identified a salary increase in this classification and a few key revisions to the Page 1 of 2 job description in the overall market. The current Deputy City Clerk (Confidential) salary range is C25 - $5,940 - $7,221, while the updated survey results indicate that salary range is C26 - $6,238 - $7,582, most closely aligns with the 78`h percentile of the current labor market. The key revisions to the Deputy City Clerk job description include an increase in the educational, training and experience requirements and updates to the job functions relating to increased responsibility to assist in training and guiding City Clerk's Office staff. Fiscal Impact The cost associated with the aforementioned salary change can be absorbed by the City Clerk Department 2015-2016 fiscal year budget. Attachment(s) Revised Deputy City Clerk Job Description Page 2 of 2 JOB DESCRIPTION +ti tiH�,Y Deputy City Clerk Date Prepared: "";rgh PQ1 9 Class Code: 1315 February, 2016 SUMMARY: Under general supe �+s+eedirection of the City Clerk, performs the duties of the office as defined by law including technical, legal, and administrative duties in managing the official records of the City; assists in maintaining the required historical municipal records, assists Iin coordinating municipal elections, and, in conjunction with the City Clerk and City Attorney office, assures technical compliance with City and state regulations and Ralph M. Brown Act open meeting laws. ESSENTIAL FUNCTIONS: --Essential functions,as defined under the Americans with Disabilities Act,may include any of the following representative duh"es,knowledge,and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class;employees may be assigned duties which are not listed below;reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer.Essential duties and responsibilities may include,but are not limited to,the following: • Assists in the management of the official records of the City; verifies official City activities are in compliance with federal and state laws and regulations, and City policies; works independently and makes appropriate decisions based on knowledge of City policies; performs duties within scope of authority. • Assists with and/or performs the duties of City Clerk as assigned; drafts, compiles, prepares, and distributes City Council, or-other governing body,[Amit agenda packets, public meeting notices, and supporting documentation; processes legal and technical documents. • Performs the technical transcribing of public meeting minutes; attends public meetings and takes notes. • Receives, records, assigns and, in conjunction with the City Attorney, responds to public records requests. • Assists as custodian of City records, and verifies the accuracy of technical files and official records including Statements of Economic Interest required by the California Political Reform Act; verifies City records management and retention program is in compliance with California statutes. • Assists with conduct of City elections, including managing the dissemination, and return, of ballots and the filing of all required technical documents. • Drafts staff reports, department procedures, correspondence and other documents as needed. • Assures the absolute confidentiality of City's confidential records and information. Assures that security protocols are followed, and all reports and paperwork are completed in a timely manner; updates, corrects, retrieves, and releases information according to procedures. • Assist in leaginQstaft: on programs and pfc)le,�cks�: and orovides guidance and training to staff.: • Acr in iai nrNiali r�.r g iidanre + '' 44a to sta1# May assist in planning, organizing and directing the functions of the City Clerk's Office, including supervising staff. supep,ise GleFiGal s*^ff. • Provides information, instructions and assistance to the public and others having business with the City; assists customers with requests, applications, government forms, and other documents; responds to and resolves customer service issues in a courteous and respectful manner. • Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work-related issues and City information; performs other duties as required or assigned. MINIMUM QUALIFICATIONS: Education,Training and Experience Guidelines: Assres, e'TBachelc Degree in Public or Business Administration, or related field; AND three four years administrative experience in a municipal or county clerk's office, or similar public a enc [AM21in California including at least two years of performing irlcrpa�inqly responsible and complex duties and tasks: andlor providing lead administrative support for executive level management.- Knowledge of: • City organization, operations, policies, and procedures. • Federal and state laws and statutes governing municipal operations, public records, and open meetings, including California Public Employment Relations Board, the Meyers-Milias-Brawn Act, California Public Records Act, California Elections Code, California Political Reform Act and the Federal Voter Rights Act. • City ordinances, codes, policies, resolutions, and agreements. • Federal and state laws and regulations governing City administration and elections. • Parliamentary practices and procedures governing public meetings. • Principles and practices of record keeping, records management, and records retention. • Principles and practices of confidential records management, and security precautions in the public sector. • Legal, ethical and professional rules of conduct for public sector employees and elected officials. • Customer service principles, protocols, and methods. • Business computers, and standard and specialized software applications. Skill in: • Explaining and applying state and Federal rules and regulations and statutory standards. • Researching, reviewing, correcting, and maintaining complex and extensive public records. • Monitoring the City's compliance with all laws, regulations, and rules. • Assessing and prioritizing multiple tasks, projects and demands. • Dealing tactfully and courteously with those seeking information about City functions and activities. • Establishing and maintaining effective working relationships with the City Clerk and City Attorney, co-workers, City Council, Mayor, City Administrator, City departments and staff, regional government agencies, and the public. • Communicating effectively verbally and in writing. LICENSE AND CERTIFICATION REQUIREMENTS: vNid Califomia State Driver's License is required. Notary Public license may be required, Certified.Munici al Clerk (CMQ Gertfficate is desirab;e. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: * Work is performed in a standard office environment. f # Working evenings may be requireOeAMOIupon occasion. RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING AN AMENDED AND RESTATED CITYWIDE FRINGE BENEFITS AND SALARY RESOLUTION IN ACCORDANCE WITH GOVERNMENT CODE SECTION 20636 (b) (1) AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH WHEREAS, on January 19, 2016, the City Council of the City of Vernon adopted Resolution No. 2016-03 , adopting an amended and restated Citywide Fringe Benefits and Salary Resolution; and WHEREAS, by memorandum dated February 2, 2016 , the Interim Human Resources Director, in conference with City Administration, has recommended the adoption of an amended and restated Citywide Fringe Benefits and Salary Resolution and Classification and Compensation Plan to amend the salary grade for the position of Deputy City Clerk based on proposed job description updates; and WHEREAS, the City Council desires to adopt an amended and restated Citywide Fringe Benefits and Salary Resolution, a copy of which is attached hereto 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 from California Environmental Quality Act ("CEQA" ) review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378 . SECTION 3 : Effective February 2 , 2016, the City Council of the City of Vernon hereby approves the amended and restated Citywide Fringe Benefits and Salary Resolution, a copy of which is attached hereto as Exhibit A. SECTION 4 : All resolutions or parts of resolutions, specifically Resolution No. 2016-03 , not consistent with or in conflict with this resolution are hereby repealed. SECTION 5 : 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 2nd day of February, 2016 . Name : Title : Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: a a M s'sa, Deputy City Attorney .I � - 2 - 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, February 2, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of February, 2016, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 3 - EXHIBIT A { pF vFR Cw, 0jkN 1905 MDED City of Vernon FRINGE BENEFITS AND SALARY RESOLUTION Effective February 2, 2016 TABLE OF CONTENTS FRINGE BENEFITS AND SALARY RESOLUTION PART 1 — FRINGE BENEFITS Introduction: I.........­­.................................................__........ 4 Section1: Holiday............................................................................................. 4 Section 2: Administrative Leave Time .............................................................. 6 Section3: Overtime.......................................................................................... 8 Section 4: Compensatory Time ....................................................................... 10 Section5: Court Time...................................................................................... 11 Section6: Vacation.......................................................................................... 12 Section7: Sick Leave...................................................................................... 14 Section 8: Family Sick Leave (Kin Care) ........................................................ 17 Section 9: Bereavement Leave ....................................................................... 18 Section10: Jury Duty .......................................................................................20 Section 11: Automobile Allowance and Reimbursement for Expenses .............21 Section 12: Health Insurance ............................................................................23 Section 13: Dental Insurance ............................................................................25 Section 14: Vision Insurance.............................................................................26 Section 15: Life Insurance.................................................................................27 Section 16: Deferred Compensation Plan .........................................................28 Section 17: CalPERS Retirement Plan..............................................................29 Section 18: Retiree Medical Insurance..............................................................31 Section 19: Longevity Program .........................................................................33 Section20: Bilingual Pay...................................................................................35 Section 21: Uniform Allowance..........................................................................36 Section 22. Stand-by Policy...............................................................................37 PART 11 —CLASSIFICATION AND COMPENSATION Section1. Purpose..........................................................................................40 Section 2. The Compensation Plan .................................................................40 Section 3. The Classification Plan...................................................................40 EXHIBIT A — CLASSIFICATION AND COMPENSATION PLAN ................................41 2 i PART 1 FRINGE BENEFITS 3 INTRODUCTION The Fringe Benefit and Salary Resolution shall apply to all employees and officers of the City of Vernon_ Exceptions, additions, and/or limitations to this basic policy may be found in respective Memoranda of Understanding or employment contracts_ The existence of these policies shall not create or imply any employment contract or vested right of employees. For those employees covered in respective memoranda of understanding (MOU), the provisions set forth in the applicable MOU shall prevail in the event that there is any conflict between provisions established in this Resolution and any provisions established in the respective MOU. The provisions set forth in this Resolution or as amended from time to time shall be effective upon City Council adoption, unless a specific effective date is stated therein. PART 1 — FRINGE BENEFITS Section 1. HOLIDAYS A. Authorized holidays are as set forth in Table 1, attached hereto and incorporated herein by reference. Municipal offices shall be closed on such holidays. B. The dates for observation of holidays shall be approved by the City Council. C. If an authorized holiday falls on a Sunday, the following Monday shall be treated as the holiday. Holidays falling on a Friday, or Saturday, shall not be granted as an authorized holiday to employees. D. An employee whose regular shift assignment falls on an authorized holiday and who is required to work on that day shall be paid at his/her regular hourly rate of pay for the holiday, plus his/her regular hourly rate including any applicable overtime pay for the actual hours he/she was required to work on the authorized holiday. E. Temporary and part-time employees are not eligible for paid holidays. G. All full-time employees may use vacation time or compensatory time for a religious holiday (not listed herein as an authorized holiday) with the prior approval of the department head. If there is insufficient accumulated time, the employee may request the time as unpaid leave of absence. 4 TABLE 1 - HOLIDAY H60DAY 6Janua 1'` - New Year's Day _ 3 Monday in Janus ry- Martin Luther Ki.ng Jr. Da 3 Monday in Febru2t - Presidents Day - March 31s1 - Cesar Chavez Da The Last Monday in May— Memorial Da Juty 4 — Independence Da The 1 Monday in Se ternber— Labor Da The Monde in October— Columbus Da November 11 —Veterans Da The 4' Th ursday in November- Thanksg ivi ng Da December 24 —Christmas Eve December —Christmas Da December 3151— New Year's Eve And other days as such designated by City Council. 5 Section 2. ADMINISTRATIVE LEAVE A. Executive and Management - Includes City Administrator, City Attorney, City Clerk, City Treasurer and the heads of all Departments as listed in the City Code or City Charter and their respective Deputies and Assistant Directors shall receive, effective January 1 of each calendar year, 80 hours of Administrative leave. B. The 80 hours may not be carried over into the succeeding calendar year and is lost and not eligible for cash payout if not used by December 31 of each calendar year. C. Executive and Management staff hired, promoted, or reclassified on or after April 1 of each calendar year shall be eligible to receive pro-rated administrative leave hours during the year of hire as identified below: Hired, Promoted, or Reclassified on Administrative Leave or Between _ January 1 — March 31 80 hours April 1 — June 30 60 hours July 1 — Sept. 30 40 hours Oct 1 — Dec. 31 20 hours D. Mid-Management — Staff who are designated as exempt in accordance with the Fair Labor Standards Act shall receive, effective January 1 of each calendar year, 60 hours of Administrative leave E. The 60 hours may not be carried over into the succeeding calendar year and is lost and not eligible for cash payout if not used by December 31 of each calendar year. F. Mid-Management FLSA exempt staff hired, promoted, or reclassified on or after April 1 of each calendar year shall be eligible to receive pro-rated administrative leave hours during the year of hire as identified below: Hired, Promoted, or Reclassified on or Administrative Leave Between January 1 — March 31 60 hours April 1 —June 30 45 hours Jul 1 — Sept. 30 30 hours _ Oct 1 — Dec. 31 15 hours C. All Administrative leave requests should be approved by the department head or City Administrator at least ten days in advance of the date to be taken, although 6 the department head retains discretion to approve the use of Administrative Leave in special circumstances. H. The City Administrator or his/her designee may grant additional administrative leave upon commencement of employment in order to attract highly qualified and experienced executive and management level staff, 7 Section 3. OVERTIME A. It shall be the duty of all department heads to operate their respective departments with a minimum amount of overtime. If the best interests of the City require that an employee work beyond the forty (40) hours of work scheduled, such employee shall be compensated as set forth hereinafter. B. The department head may reschedule the workweek of employees in positions not exempt from the FLSA to allow credit for productive hours actually worked on one day (excluding lunch periods) towards the regular paid workweek schedule. For example, if an employee works twelve (12) hours on one day (based on a ten (10) hour day), the entire twelve hours will be recorded on the time card as paid worked time. In this example, the department may schedule the employee to work only eight (8) hours on one of the other scheduled workdays in the workweek, as long as the employee's hours for the workweek do not fall below the minimum paid work hours schedule. C. All overtime requests must have prior written authorization of the respective department head or designee prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. D. Except as may be provided in specific memoranda of understanding, employees will be paid overtime at time and a half (1.5) of their regular hourly rate for all eligible hours worked in excess of forty (40) hours in a single workweek. E. Holidays (regular, in-lieu), vacation time, sick leave, compensatory time, paid jury duty leave, and bereavement leave shall count as time worked for the purposes of computing overtime. Unpaid jury leave, disciplinary suspensions, and administrative leave shall not count as time worked for the purpose of computing overtime. F. In the event a part-time or temporary employee is required to work beyond his/her assigned working hours, compensation shall be at the normal hourly rate up to forty (40) hours per workweek_ For hours worked beyond forty (40) in a workweek, such employee shall be compensated at the rate of one and one-half of (1.5) said employee's hourly rate. G. If an employee works on his/her regular day off, the employee will receive paid compensation or receive compensatory time, at the employee's discretion. With a mutual agreement between an employee and his/her supervisor, an employee's regular day off may be rescheduled to another day off in the same pay period. I. An employee is expected to begin work no more than five (5) minutes prior to the beginning of his or her scheduled start time, and to stop work no later than five (5) minutes after the end of his or her scheduled ending time. An employee who wishes to begin or end work at a different time must obtain written approval from his or her department head prior to working the different or additional time. J. Straight time and overtime will be compensated in six (6) minute segments of time. K. While overtime should be attempted to be distributed equally amongst all employees in a given classification, the department head retains discretion to assign such overtime. L. The City Administrator, department heads and those management employees designated by the City Administrator as exempt under the provisions of the Fair Labor Standards Act (FLSA) shall not be subject to the provisions of this section relating to overtime, but shall work such hours as may be necessary for the effective operation of their respective departments. M. Please refer to Human Resources Policy, Salary Plan Administration II-3 9 Section 4. COMPENSATORY TIME A. All regular full-time employees may request to accrue compensatory time in lieu of cash payment for overtime worked. The total compensatory time accrued is calculated by multiplying the number of hours of overtime worked by the applicable overtime rate (1, 1.5 or 2), and is subject to the approval of the department head. B. Compensatory time may be accumulated up to a maximum of sixty (60) hours. It is at the employee's option whether to receive overtime compensation or compensatory time accruals up to the 60-hour limit. C. Compensatory time shall be taken in 15-minute increments. Scheduling of compensatory time requires prior approval and must be preceded by a ten (10) day notice of intended use from the employee. Management may waive the ten (10) day notice in cases of emergency. D. Employees who have reached the 60-hour limit shall receive overtime compensation. There are no cash payouts of compensatory time once an employee has elected compensatory accrual. 10 Section 5. COURT TIME A. The required presence in a court of law of any employee subpoenaed to testify in a matter arising within the course and scope of his/her City employment shall be compensated in accordance with the below provisions. B. For each day that the presence of the employee is required in a court of law in response to an order or subpoena in relation to an incident or event arising out of the course and scope of employment with the City, the employee shall be given a paid leave of absence. C. For each day an employee is required in a court of law in response to an order or subpoena in relation to an incident or event arising out of the course and scope of employment with the City that is outside of the employee's regularly scheduled work shift, the employee shall be given a paid leave of absence. D. An employee who needs to appear in court on any other matter not arising out of the course and scope of employment with the City shall be expected to use their accrued paid leave to make such appearance, or unpaid leave if no leave is available. It Section 6. VACATION A. Except as provided for in respective memoranda of understanding, every full time employee who has been in the continuous employment of the City shall receive annual vacation leave as set forth in below: Mid-Management and Confidential Staff: Continuous Years of Service Vacation Hours Earned Bi-Weekly Accrual 1 St year thru 4 h year 80 3.08 5M year thru 31h year 100 3.85 10th year thru 14�h year 120 4.62 15th year thru 240' year 160 6.16 25tt' year and more 190 7.31 Executive and Management Staff: Include the City Administrator, City Attorney, City Clerk, City Treasurer and the heads of all Departments as listed in the City Code or City Charter and their respective Deputies and Assistant Directors. Continuous Years of Service Vacation Hours Earned Bi-Weekly Accrual 1 st year thru 4" rear 120 4.62 5khrearthru 10 year 150 5.77 10 year thru 15"h year 170 6.54 15M year thru 25kh year 185 7.12 25th year and more 190 7.31 B. Mid-Management and Confidential staff shall be allowed to accumulate and carry over to the next calendar year a maximum number of hours equal to the number of hours the employee accrued during the immediately preceding year. In or about January of each year, employees shall be compensated for unused accrued vacation benefit in excess of the allowed accumulated amount referenced herein. C. Executive and Management staff shall be allowed to accumulate up to a maximum accrual cap of 480 hours. Upon reaching the 480-hour maximum accrual cap, the employee shall stop accruing vacation leave benefit until such time he/she brings the vacation accrual below the 480-hour maximum accrual. D. Vacation leave shall be scheduled with the approval of the City Administrator or department head or his or her designee by submitting a Leave Request Form in writing, within ten (10) business days before the beginning of the vacation. Vacation leave requests for extended times (3 weeks or more), unless an unforeseen emergency exists, shall be submitted at least thirty (30) days in advance of the beginning of the vacation. E. Vacations shall be approved subject to the needs of the department. The employee's seniority and wishes will be factors that are considered during the scheduling process. F. Vacation leave requests shall not be in excess of such leave actually earned at the time it is requested or in excess of the regular scheduled workweek. G. No vacation leave shall be accumulated by employees while they are on an unpaid leave of absence. H. Vacation may be taken prior to the completion of the employee's probationary period under special circumstances and with the approval of the department head. I. In the event one or more City holidays fall within a vacation period, such holidays shall not be charged as vacation leave. J. Upon separation from City employment, compensation shall be paid for vacation leave that has been earned but not taken. K. Vacation leave shall be requested in fifteen (15) minute increments. L. The department head retains discretion to cancel previously authorized vacation in the case of an emergency. M. The City Administrator or his /her designee may grant additional leave upon commencement of employment in order to attract highly qualified and experienced executive and management level staff. 13 Section 7. SICK LEAVE A. All full-time employees shall accrue up to 80 hours of sick leave per calendar year, at a rate of 3.08 of sick leave hours per pay period. B. In accordance with the Healthy Workplaces, Healthy Families Act of 2014, beginning July 1, 2015, all part-time and temporary employees (excluding CaIPERS retired annuitants) working for 30 or more days within a year shall be entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours worked. C. Employees shall only receive sick leave accrual while they are in a paid status. D. The City shall allow annual carry-over of sick leave hours for full-time employees up to a maximum accrual cap of 960 hours and 48 hours for eligible part-time/ temporary employees. This bank of carry-over sick leave would provide a cushion for long-term illnesses and injuries. E. Any sick leave hours exceeding 960 hours (full-time) or 48 Hours (part-time will be compensated for at the end of the calendar year at 50% of the employee's hourly rate. F. Temporary employees are not eligible for cash-out of accrued sick leave hours. G. All employees who are rehired with a break in service of less than one year are entitled to have previously unpaid accrued and unused paid sick days reinstated. H. Sick leave shall be allowed on account of actual illness, for the diagnosis, care, or treatment of an existing health condition or preventative care for an employee or an employee's family member (including to care for a parent-in-law, grandparent, grandchild, or a sibling, in addition to child, parent, spouse or registered domestic partner). Sick leave shall also be allowed for an employee for certain purposes related to being a victim of domestic violence, sexual assault, or stalking. Preventive health care shall include medical and dental appointments (if such appointments cannot be arranged other than during working hours) and injury not arising out of and in the course of employment. Sick leave shall be used in increments of fifteen (15) minutes and shall not be taken in excess of time earned at the time it is taken. I. Foreseeable sick leave requires advance notification, while unforeseeable sick leave requires notice as soon as practicable. If sick leave on account of any of the above illnesses exceeds two (2) consecutive working days, the employee, prior to return to work, shall submit a statement of such disability illness or injury from the employee or family member's physician. The statement shall certify the physical condition of the employee/employee's family member that prevented the 14 employee from performing the duties of said employee's position during the period of absence. The department head or designee, in accordance with departmental procedure, shall approve all sick leaves. Notwithstanding the above, the City may require verification of sick leave use whenever it has reason to believe there is misuse, abuse or a pattern of abuse. J. Abuse of sick leave, and excessive leave, may constitute grounds for disciplinary action. Abuse of sick leave includes, but is not limited to, not adhering to sick leave policies, using sick leave for purposes not enumerated in this policy, and falsifying or misstating facts when using sick leave. A pattern of sick leave usage on Mondays, Thursdays, and immediately before and after holidays and/or vacations may be evidence of sick leave abuse. A violation of this policy will result in corrective action including counseling and/or disciplinary action, and/or a mandatory referral to the City's Employee Assistance Program. This determination of abuse does not apply to an employee's use of sick leave under an approved family, medical, and/or pregnancy disability leave in accordance with state and federal laws. K. If in the opinion of the department head it appears that an employee may be establishing a pattern of abuse of sick leave or frequent or excessive absences, a statement establishing the need for sick leave from the employee's physician may be required as a condition of approved sick leave. L Employees may use accrued compensatory or vacation leave for extended sick leave absence because of a prolonged and continuing illness and/or medical treatment after sick leave has been exhausted. M. Employees are required to use accumulated sick leave concurrently with absences on account of a work related injury arising out of and in the course of his/her employment. In cases where the injury suffered is covered by Workers Compensation Insurance, accumulated sick leave must be used concurrently to make up the difference between Workers Compensation insurance allowance and full base pay. Please refer to Personnel Policy, Family and Medical leave Policy. N. If an employee resigns from the City with 20 years or more of continuous service, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50% of his/her then current regular hourly rate of pay. O. If an employee retires from the City with 15 or more years of continuous service, but fewer than 20 years, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50% of his/her then current regular hourly rate of pay. If an employee retires from the City with 20 or more years of continuous service, he/she will be compensated for all unused sick 15 leave hours in his/her sick leave bank at the time of separation at 100% of his/her then current regular hourly rate of pay. P. If a temporary employees resigns or the temporary assignment has ended, he/she shall not be eligible for compensation of unused sick leave hours in his/her sick leave bank at the time of separation. 16 Section 8. FAMILY SICK LEAVE (KIN CARE) In any calendar year, employees may use the employee's accrued and available sick leave entitlement, in an amount not more than the sick leave that would be accrued during six months at the employee's then current rate of entitlement, for qualifying family illness as follows: Sick leave for family illnesses will be allowed only for the sickness of the spouse of, or the children of, or mother or father of, the employee living within the same household. In the case of joint custody of a child, illness of the child occurring at the other custodial parent's house may also qualify. The department head shall approve all family sick leaves and a statement establishing the need for sick leave from a physician may be required as a condition of payment while on such leave. 17 Section 9: BEREAVEMENT LEAVE A. Permanent full-time employees, regardless of period of service, may in the event of death or if death appears imminent, of any "immediate family member" as defined below, including the equivalent relatives of a registered domestic partner, be allowed up to the equivalent of four (4) work days (total hours may vary depending on work schedule) of bereavement leave without loss of salary. Relative All Regular Employees S ouse 4 work days Child 4 work days Registered 4 work days Domestic Partner Step-Child 4 work days Parent 4 work days Step-Parent 4 work days Mother-in-law 4 work days Father-in-law 4 work days Grandchild 4 work days Step-Grandchild 4 work days Grandparent 4 work days '-Grandparent-in-law 4 work days Brother 4 work days Sister 4 work days Step-Sister 4 work days Step-Brother 4 work days Daughter-in-law 4 work days Son-in-law 4 work days Brother-in-laws 4 work days Sister-in-law* 4 work days Brother-in-law and sister-in-law are defined as the spouse of the employee's sibling or the sibling of the employee's spouse. B. Bereavement leave is paid over a maximum of seven (7) workdays and is paid in thirty-minute increments. The bereavement leave begins on the first regularly scheduled workday as requested by the employee. If the employee learns of the death while at work, he or she is entitled to leave work immediately; this partial day leave will not be counted towards the bereavement leave. C. Bereavement leave must be authorized by the Department head and must be utilized within fifteen (15) days of employee learning of the death, or of the date of foreseen imminent death of the immediate family member, unless special circumstances require that the leave begin at a later date. Such requests to the Department head shall be made within 15 days of the employee learning of the 18 death or of the date of foreseen imminent death and shall not be unreasonably denied. D. Representatives may be selected by the Department head to attend with pay the funeral of a co-worker in said department on behalf of the City if the funeral of the deceased co-worker occurs during working hours; provided the funeral is held within a reasonable distance of City limits. 19 Section 10: JURY DUTY A, All regular full-time employees summoned to serve on jury duty shall be provided "Jury Duty Pay" and there shall be no loss of compensation. An employee will be compensated up to two weeks at full pay for jury duty. The employee must provide notice of the expected jury duty to his or her supervisor as soon as possible, but in no case later than 14 calendar days before the expected start date of the jury duty. B. An employee on call for jury duty is expected to report to work. An employee who is called in for jury duty does not have to report to work before or after appearing in court. All employees shall obtain verification of the hours of jury duty performed using verification forms as may be supplied by the court. C. Except as herein provided, employees shall remit to the City any compensation received for those days while on jury duty and shall receive regular pay for the time served. Employees shall be reimbursed by the City for the mileage portion of the jury duty compensation. Jury duty performed on an employee's regular day off shall not be compensated by the City and the employee shall be entitled only to the jury's compensation for duty performed on such employee's regular day off. Employees assigned to jury duty on a City authorized holiday will be considered to have taken such a holiday and will receive regular holiday pay, but the employee shall be entitled to the jury compensation for duty performed on such holiday. 20 Section 11: AUTOMOBILE ALLOWANCE AND REIMBURSEMENT FOR EXPENSES A. Any employee who is required to use said employee's personal automobile in the course of employment with the City shall be reimbursed for each mile actually traveled on official business in accordance with the per mile reimbursement rate allowed by the Internal Revenue Service in effect at the time of such travel. B. Any employee who is required to travel in the performance of his or her duties or to attend an authorized meeting or conference which is of benefit to the City shall be reimbursed for reasonable expenses incurred for transportation, meals, lodging and incidentals. Automobile allowance and reimbursement for expenses shall be recommended by the department head or designee and approved by the City Administrator pursuant to the provisions of the City of Vernon Travel and Meeting Expense Reimbursement Administrative Policy. No allowance shall be made for transportation between the employee's home and the place where such person is normally employed by the City. C. Certain employees serving in specified classifications shall receive a monthly automobile allowance as set forth below and incorporated herein by reference, alternatively, specified employees may opt to receive use of a City- owned vehicle and fuel. Classification Amount City Administrator $600.00 or CitV Vehicle City Attorney $400.00 Finance Director $400.00 Fire Chief City Vehicle & Fuel Assistant Fire Chief City Vehicle & Fuel Fire Marshal City Vehicle & Fuel Administrative Fire Battalion City Vehicle & Fuel Chief Administrative Fire Captain City Vehicle & Fuel Fire Training Captain City Vehicle & Fuel Gas & Electric Director $400.00* Industrial Development $400.00 Director 21 Utility Operations Manager City Vehicle & Fuel Police Chief City Vehicle & Fuel Health Director $400.00 Police Admin. Lieutenant City Vehicle & Fuel Police Canine Officer #1 ' City Vehicle & Fuel Police Canine Officer #2 City Vehicle & Fuel Police Captain City Vehicle & Fuel Police Lieutenant City Vehicle & Fuel Police Motor Officer#1 City Vehicle & Fuel Police Motor Officer #2 City Vehicle & Fuel Public Works, Water & ` $400.00 I Development Services Director D. Wherever an automobile allowance is made to any employee for the use of their personal automobile, such allowance shall not be payable whenever the employee is on vacation, leave of absence, or otherwise absent the entire calendar month, unless otherwise specified by the City Administrator. E. The City shall not be responsible for repairs or any additional costs for upkeep, fuel, lubrication, replacement in whole or in part, or other expenses in connection with any such vehicle beyond the respective amounts set forth above_ `Fringe benefits for the Director of Gas and Electric classification have historically included and currently include use of a City-owned vehicle and fuel. Accordingly, the current Director of Gas and Electric may continue to use a City-owned vehicle and fuel in-lieu of receiving the $400 monthly automobile allowance. Once the current City- owned vehicle is due for replacement or the current incumbent leaves the position, whichever occurs first, the Director of Gas and Electric classification will receive the$400 monthly automobile allowance. 22 Section 12: HEALTH INSURANCE A. The City offers various medical plans to employees under a Section 125 Cafeteria plan (non-cash out). The City reserves the right to select, administer, or fund any fringe benefit program involving insurance that now exist or may exist in the future. The City will adhere to the cafeteria plan requirements in accordance with IRS Section 125 regulations. B. The City shall contribute for each full-time employee up to the maximum amounts as set forth below per pay period, toward the cost of his/her medical plan as outlined in Subsection A through C below. In the event an employee does not exhaust nor exceed his/her monthly medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of dental, vision, supplemental or ancillary plans offered through the City and approved by the Director of Human Resources. a. For employees enrolled in either the HMO or PPO (non-HSA) medical plans, the City shall pay up to $1,050 per month of the cost of the plan for employees and their eligible dependents (spouse, registered domestic partners and qualified dependents) The cost of any plan selected by the employee that exceeds $1,050 shall be paid by the employee through a pre-tax payroll deduction. b. Effective January 1, 2015, employees enrolled in either the HMO or PPO (Non-HSA) medical plans, the City shall increase the amount by $70.00 and pay up to $1120.00 toward the monthly medical allowance. c. For Employees enrolled in the PPO/HSA plan, the City shall pay up to $800 per month of the monthly cost of the plan for employees and their eligible dependents (spouse, registered domestic partners and qualified dependents). In addition, for each employee enrolled in a PPO/HSA plan, annually the City shall make lump sum contributions to a health savings account (HSA) as follows: $1,500 in January and $500 each in March, June, and September. The cost of any PPO/HSA plan selected by the employee that exceeds $800 shall be paid by the employee through a pre-tax payroll deduction. d. Effective January 1, 2015, employees enrolled in the PPO/HSA medical plan, the City shall increase the amount by $70 and pay up to $870 toward the monthly cost of the plan for employees and their eligible dependents. -, ; C. City Council members are entitled to the same medical benefits offered to the management and confidential employees. The City shall not pay or reimburse any medical-related health, vision, or dental costs not covered by the City's insurance program or Medicare for City Council members or their eligible dependents or spouses. D. The City shall not provide or reimburse the City Council members or their dependents or spouses for expenses incurred relating to a PERS long-term health care benefit. 24 Section 13: DENTAL INSURANCE The City of Vernon provides a dental insurance plan to full-time employees. In the event an employee does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused portion toward the purchase of dental insurance for himself/herself and eligible dependents (spouse, registered domestic partners and qualified dependents). The cost of any plan selected by the employee that exceeds his/her monthly employer medical allowance shall be paid by the employee through a pre-tax payroll deduction. 25 Section 14: VISION INSURANCE The City of Vernon provides a vision care plan to full-time employees. The City shall pay 100% of the cost of such a plan for employees only. Employees shall have the option of purchasing vision care for their dependents at a cost of $6.95 for one dependent or $13.95 for two or more dependents. In the event an employee does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for vision care. 26 Section 15: LIFE INSURANCE The City provides a $20,000 life insurance plan to full-time employees. The City shall pay 100% of the cost of such plan for employees. The City's agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said employee. In the event an employee does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for supplemental life insurance. 27 Section 16: DEFERRED COMPENSATION PLAN Employees are eligible to participate in the City's Deferred Compensation Program. 28 Section 17: CALIFORNIA PUBLIC EMPLOYEE RETIREMENT SYSTEM (CALPERS) CONTRIBUTION MISCELLANEOUS EMPLOYEES A. The City shall maintain its contract with the California Employees Public Retirement System (PERS) that provides full-time employees hired before January 1, 2013 with 2.7% at 55 PERS retirement benefit plan. As a result of the recent passage of AB 340, Public Employee Pension Reform Act (PEPRA), new CalPERS members hired on or after January 1, 2013 who meet the definition of new member under PEPRA, shall be provided a 2.0% at fit PERS retirement benefit plan. B. Employees shall be responsible for paying 100% of their PERS employee's contributions. C. The City provides additional supplemental retirement benefits to full-time employees under CalPERS as follows: a. Gov't Code Section: 20042 — (Classic Members Only) One Year Final Compensation New employees hired on or after January 1, 2013 who meet the definition of new member under PEPRA shall receive 3 Year Average Final Compensation b. Gov't Code Section: 21024 - Military Service Credit as Public Service C. Gov't Code Section: 21624, 21626, 21628 — Post Retirement Survivor Allowance d. Gov't Code Section: 21548 — Pre-Retirement Option 2W Death Benefit d. Gov't Code Section: 21573 — Third Level of 1959 Survivor Benefits D. The payment to CalPERS made by the City on behalf of the affected employee shall not be considered as base salary but shall be considered an employer contribution pursuant to Section 414(h)(2) of the Internal Revenue Code. 29 SAFETY EMPLOYEES A. The City shall maintain its contract with the California Employees Public Retirement System (PERS) that provides full-time safety employees hired before January 1, 2013 with 3.0% at 50 PERS retirement benefit plan. As a result of the recent passage of AB 340, Public Employee Pension Reform Act (PEPRA), new CalPERS safety members hired on or after January 1, 2013 who meet the definition of new member under PEPRA, shall be provided a 2.7% at 57 PERS retirement benefit plan. B. Employees shall be responsible for paying their PERS nine percent (9%) employee's contributions. C. The City provides additional supplemental retirement benefits to full-time employees under CalPERS as follows: a. Gov't Code Section: 20042 — (Classic Members Only) One Year Final Compensation New employees hired on or after January 1, 2013 who meet the definition of new member under PEPRA shall receive 3 Year Average Final Compensation b. Gov't Code Section: 20124 - Military Service Credit as Public Service C. Gov't Code 21574 - 0' Level 1959 Survivor Benefit (Fire members only) d. Gov't Code Section: 21571 — Basic Level of 1959 Survivor Benefit (Police members only) e. Gov't Code Section: 21624, 21626, 21628 — Post Retirement Survivor Allowance f. Gov't Code Section: 21548 - Pre-Retirement Option 2W Death Benefit (Fire members only) g. Gov't Code Section 20965 — Credit for Unused Sick Leave D. The payment to CalPERS made by the City on behalf of the affected employee shall not be considered as base salary but shall be considered an employer contribution pursuant to Section 414(h)(2) of the Internal Revenue Code. 30 Section 18: RETIREE MEDICAL - NON-SAFETY EMPLOYEES A. The City will pay up to the amount equivalent to the then current, lowest cost, employee only HMO insurance premium for the City's medical and/or dental insurance premium(s) for all full-time employees designated as Executive, Management, Mid-Management and Confidential who retire at age 60 or later with at least twenty(20)years of continuous uninterrupted service. B. Retired employees will be permitted to enroll in a higher-cost plan and pay the amount in excess of the HMO equivalent. C. All full-time regular employees with at least thirty (30) years of continuous uninterrupted service who retire before the age of sixty (60) years will be permitted to pay their medical and/or dental insurance premiums, and, upon reaching the age of sixty (60), the City will pay up to the amount equivalent to the then current lowest cost, employee only HMO medical and/or dental insurance premium(s). D. All full-time regular employees, who retire with a minimum of ten (10) years of continuous uninterrupted service with the City, may pay the premium(s) for medical and/or dental insurance. E. All retiree medical and/or dental insurance benefits provided pursuant to subsections A, B, and C above, shall be for retired employees only and shall not include their spouses or other dependents. F. All retired employees who receive medical and/or dental insurance benefits pursuant to subsections A, B, or C above and who reach the age of sixty-five (65), are required to be enrolled in Medicare, and shall show proof of such enrollment, where upon the City's insurance policy will become supplemental coverage, if applicable. G. Should the retired employee fail to pay any premiums due for the cost of the insurance premium for the City's medical-dental insurance program for any two (2) consecutive months, or should the coverage otherwise lapse for any reason other than City's non-payment, then the City's obligation to make further payment under the retiree medical benefits program shall automatically terminate and cease, without the need for further notice. H. The City's obligation to make any payment under the retiree medical benefits program shall automatically terminate and cease upon the death of the retired employee. I. The offer of the retiree medical benefits is not a vested right for future years. J. City Council members are entitled to the same retiree medical benefits offered to all 31 full-time regular employees as identified under the citywide resolution for retiree medical benefits in effect at the time Council members retire. 32 Section 19: LONGEVITY PROGRAM A. LONGEVITY PROGRAM FOR EMPLOYEES EMPLOYED ON OR BEFORE JUNE 30, 1994. The City has established a longevity program for all employees. The longevity program described herein will apply to all employees, except Department Heads and employees covered in a collective bargaining agreement, employed on or before June 30, 1994. a. Five 5 Years of Service. All eligible employees who have five (5) years of consecutive uninterrupted service on or before July 1, 1986, shall receive an additional five percent (5%) per month of their base salary effective July 1, 1986, and every year thereafter until reaching the next step. Employees upon reaching their 5th anniversary date after July 1, 1986, shall be entitled to said five percent (5%) per month upon said anniversary date. b. Ten (10) Years of Service. All eligible employees who have ten (10) years of consecutive uninterrupted service on or before July 1, 1987, shall receive an additional ten percent (10%) per month of their base salary effective July 1, 1987, and every year thereafter until reaching the next step. Employees upon reaching their 10th anniversary date after July 1, 1987, shall be entitled to said ten percent (10%) per month upon said anniversary date. c. Fifteen (15) Years of Service. All eligible employees who have fifteen (15) years of consecutive uninterrupted service on or before July 1, 1988, shall receive an additional fifteen percent (15%) per month of their base salary effective July 1, 1988, and every year thereafter until reaching the next step. Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled to said fifteen percent (15%) per month upon said anniversary date. d. Twenty (20) Years of Service. All eligible employees who have twenty (20) years of consecutive uninterrupted service on or before July 1, 1989, shall receive an additional twenty percent (20%) per month of their base salary effective July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary date after July 1, 1989, shall be entitled to said twenty percent (20%) per month upon said anniversary date. e. Thirty (30) Years of Service — Fire - Sworn All eligible fire employees who have been appointed to a position ranking above Captain and who have thirty (30) years of consecutive uninterrupted service on or before July 1, 1991, shall receive an additional twenty-five percent (25%) of their base salary per month effective July 1, 1991, and every year thereafter. Employees in 33 said position upon reaching their 30th anniversary date after July 1, 1991, shall be entitled to said twenty-five percent (25%) per month upon said anniversary date. f. Compensation Not Cumulative. Payment of the aforesaid longevity compensation shall not be cumulative and only the highest applicable longevity pay shall be paid. B. LONGEVITY PROGRAM FOR EMPLOYEES ON OR AFTER JULY 1, 1994 AND ON OR BEFORE DECEMBER 31, 2013. The longevity program described in Section B herein will apply to all employees, except Department Heads and employees covered in a collective bargaining agreement, employed on or after July 1, 1994. a. Five (5) Years of Service. All eligible employees who are employed on or after July 1, 1994 and on or before December 31, 2013, who attain five (5)years of consecutive uninterrupted service shall receive an additional five percent (5%) per month of their base salary. Such employees upon reaching their 5th anniversary date shall be entitled to receive said five percent (5%) per month upon said anniversary date. Further, such employees will not be entitled to receive any additional percentage increase to their base salary for further service. This subsection shall only apply to employees hired on or after July 1, 1994 and on or before December 31, 2013. 34 Section 20: BILINGUAL PAY A program is hereby established for all employees whose regular and essential job duties as described in their job description provide for interaction with the public on a regular basis, allowing said employee to be compensated for bilingual skills after the employee demonstrates proficiency in speaking Spanish (the ability to read and write in Spanish may also be tested, if necessary), which proficiency would be determined by successful completion of a proficiency test administered by the Human Resources Department. Those employees who successfully demonstrate this skill would be eligible to receive an additional One Hundred Twenty-Five Dollars ( 1 5,00) per month for bilingual pay. 35 Section 21: UNIFORM ALLOWANCE A. If an employee's job classification requires him/her to wear a uniform while on duty, as designated by the City or employee's Department, the City will provide and launder such uniform. B. For the Administrative Secretary and Police Records Manager that works in the Police Department, the City will provide the initial set of uniforms to the employees. The newly hired employee will receive: two (2) class A uniforms; two (2) class B uniforms; two (2) polo shirts and one (1) jacket or sweater. On all subsequent anniversary dates the City will provide an annual uniform purchase and maintenance allowance of $600.00. The employee's uniforms shall meet the applicable regulations for his/her job classification pursuant to City/Departmental policies. C. The monetary value of uniforms shall be reported to CalPERS in accordance with CCR 571(a) and as defined by GC 7522.04(f) 36 Section 22: STAND-BY POLICY The purpose of the Stand-by Policy is to have employees on stand-by to respond to major incidents and emergencies during non-working hours which require immediate attention to availability of qualified individuals with expertise in operating, maintaining, restoring and repairing the City's technology systems. A. It is presently anticipated that the need for stand-by is for one (1) Information Technology staff, with the understanding that actual stand-by staffing, if any, remains at the discretion of the department head. B. The Stand-by Policy does not apply to FLSA exempt managers and Executive staff. C. Stand-by duty requires that an employee be accessible, available, and physically able to report to work. The employee must possess a City issued mobile phone device that remains available for immediate contact. The employee must be ready, willing, and able to respond to an emergency or incident or request for assistance based on a pre-arranged schedule. Employees on stand-by must respond to the mobile phone call immediately and be able to respond to the City within one (1) hour of being called upon. The department head or designee will determine if an employee is qualified to perform stand-by duties. The stand by duty period shall be defined by the Department Head. D. Employees on "stand—by" shall receive two (2) hours of regular straight time compensation for each date that the employee is assigned to be on stand-by. Stand-by time is not counted as hours worked for purposes of overtime calculation as employees are not restricted in their activities and may engage in non-work related personal activities. On City-recognized Holidays where City Hall is closed, employees on stand-by will be compensated four (4) hours of straight time compensation. E. An employee assigned to stand-by who is not available to report will be subject to appropriate disciplinary action, unless the employee provides sufficient notice to their immediate supervisor of their incapacity to respond prior to the call back so that appropriate arrangements can be made for stand-by coverage. F. When an employee on "stand-by" is called back to the City, he/she shall be entitled to "stand-by' pay. Call back duty does not occur when an employee is held over from his/her prior shift, or is working planned overtime. An employee called back to duty shall be paid a minimum of four (4) hours of pay at the applicable overtime rate. Time begins when the call back request is received and ends when the employee returns home. If work is performed remotely, the employee shall receive hour for hour compensation at the applicable overtime rate. 37 G. The employee will at times remain able to immediately respond to any emergencies. H. Each employee on stand-by duty is accountable to all of the rules and regulations of the City. I. In the event of a call back, the employee will wear his/her City uniform, if applicable. 38 i PART II CLASSIFICATION AND COMPENSATION PLAN 39 Section 1. PURPOSE Exhibit A to this resolution is enacted pursuant to the City of Vernon City Charter to provide for the classification and compensation of City officers and employees, and to conform to the principle of equal pay for equal work. Officers and employees of the City of Vernon shall receive compensation and costs in accordance with the amounts set forth in the attached compensation plan. Section 2. THE COMPENSATION PLAN The basic compensation plan for the various employee units, groups and non- classified employees, as of the date of adoption of this plan is hereby established as set forth in Exhibit A, Citywide Classification and Compensation Plan, which is attached hereto and incorporated herein by reference. The City Administrator shall have authority to create and maintain salary steps to implement the provisions of this Section. Salaries granted pursuant to this provision shall be reported to PERS as compensation earned. Please refer to Human Resources Policy 11-3, Salary Plan for specific policy and procedures. Section 3. THE CLASSIFICATION PLAN The classification plan includes the allocation of class titles to salary ranges for City officers and employees. The Classification Plan further includes the allocation of class titles to salary ranges for those employees that are designated as exempt from the classified service. These exempt classes are for elective officers; persons appointed by the City Council, including the City Administrator, and City Attorney; persons appointed by the City Administrator, including department head or designees; and persons appointed by the City Attorney pursuant to City of Vernon Municipal Code that serve in an "at will" capacity subject to the terms and conditions of an employment contract and are so designated in the plan as "non-classified." The classification plan as of the date of adoption of this plan is hereby established as set forth in Exhibit "A" which is attached hereto and incorporated herein by reference. The Human Resources Director, with approval by the City Administrator or his/her designee, is responsible for maintenance of the Classification Plan, including the allocation of new or changed positions to the appropriate class, the recommendation of proper salary ranges within the provision of pay administration, maintenance of up- to-date class specifications, and the preparation of reports and recommendations on revisions to the Classification Plan. Please refer to Human Resources Policy II-1, Classification Plan Administration for specific policy and procedures. 40 EXHIBIT A CLASSIFICATION AND COMPENSATION PLAN J 41 City of Vernon 1 of 22 Classification and Compensation Plan Effective February 2, 2016 Class Occupational . . Families and Job Classes . . F {Adrd IReWIm-d Dapoly CW CAwk Pay 1Ranp ONy N � 1025 Council Member E 001 $25,752 $2,146 n}a $990.46 1030 Mayor E 001 $25,752 $2,146 Wa $990.46 ADMINISTRATIONCITY - f 1010 City Administrator E E50 Min $241,404 $20,117 $116.0596 $9,284.77 Max $293,436 $24,453 $141.0750 $11,286.00 1015 Deputy City Administrator E M40 Step 1 $148,212 $12,351 $71.2558 $5,700.46 Step 2 $155,616 $12,968 $74.8154 $5,985.23 Step 3 $163,392 $13,616 $78.5538 $6,284.31 Step 4 $171,564 $14,297 $82.4827 $6,598.62 Step 5 $180,156 $15,013 $86.6135 $6,929.08 Information TechnoloqV Group 1625 Information Technology Analyst NE C26 Step 1 $74,856 $6,238 $35.9885 $2,879.08 Step 2 $78,600 $6,550 $37.7885 $3,023.08 Step 3 $82,524 $6,877 $39.6750 $3,174.00 Step 4 $86,652 $7,221 $41.6596 $3,332.77 Step 5 $90,984 $7,582 $43.7423 $3,499.38 1620 Information Technology Analyst, Senior NE C29 Step 1 $86,652 $7,221 $41.6596 $3,332.77 Step 2 $90,984 $7,582 $43.7423 $3,499.38 Step 3 $95,544 $7,962 $45.9346 $3,674.77 Step 4 $100,320 $8,360 $48.2308 $3,858.46 Step 5 $105,336 $8,778 $50.6423 $4,051.38 1610 information Technology Manager E hM 'i Step 1 $128,028 $10,669 $61.5519 $4,924.15 Step 2 $134,436 $11,203 $64.6327 $5,170.62 Step 3 $141,144 $11,762 $67.8577 $5,428.62 Step 4 $148,212 $12,351 $71.2558 $5,700.46 Step 5 $155,616 $12,968 $74.8154 $5,985.23 1630 Information Technology Technician NE C�:1 Step 1 $58,644 $4,887 $28.1942 $2,255.54 Step 2 $61,584 $5,132 $29.6077 $2,368.62 Step 3 $64,656 $5,388 $31.0846 $2,486.77 Step 4 $67,896 $5,658 $32.6423 $2,611.38 Step 5 $71,280 $5,940 $34.2692 $2,741.54 City of Vernon 2 of 22 Classification and Compensation Plan Effective February 2, 2016 Occupational Job Families and Job Classes 'PAY 'RADE 'Add Ro visecr DL5yu#y CV Clerk Pay F?arrge 0* 1615 Programmer/Analyst E C30 Step 1 $90,984 $7,582 $43.7423 $3,499.38 Step 2 $95,544 $7,962 $45.9346 $3,674.77 Step 3 $100,320 $8,360 $48.2308 $3,858.46 Step 4 $105,336 $8,778 $50.6423 $4,051.38 Step 5 $110,592 $9,216 $53.1692 $4,253.54 ATTORNEYCITY 1110 City Attorney E E47 Min $208,536 $17,378 $100.2577 $8,020.62 Max $255,780 $21,315 $122.9712 $9,837.69 1115 Deputy City Attorney E M38 Step 1 $134,436 $11,203 $64.6327 $5,170.62 Step 2 $141,144 $11,762 $67.8577 $5,428.62 Step 3 $148,212 $12,351 $71.2558 $5,700.46 Step 4 $155,616 $12,968 $74.8154 $5,985.23 Step 5 $163,392 $13,616 $78.5538 $6,284.31 1525 Legal Secretary N E C21 Step 1 $58,644 $4,887 $28.1942 $2,255.54 Step 2 $61,584 $5,132 $29.6077 $2,368.62 Step 3 $64,656 $5,388 $31.0846 $2,486.77 Step 4 $67,896 $5,658 $32.6423 $2,611.38 Step 5 $71,280 $5,940 $34.2692 $2,741.54 CITY.Ci,ERK'S OFFICE 1310 City Clerk E E38 Min $134,436 $11,203 $64.6327 $5,170.62 Max $163,392 $13,616 $78.5538 $6,284.31 1315 Deputy City Clerk NE C26 Step 1 $74,856 $6,238 $35.9885 $2,879.08 Step 2 $78,600 $6,550 $37.7885 $3,023.08 Step 3 $82,524 $6,877 $39.6750 $3,174.00 Step 4 $86,652 $7,221 $41.6596 $3,332.77 Step 5 $90,984 $7,582 $43.7423 $3,499.38 1320 Records Management Assistant NE C20 Step 1 $55,860 $4,655 $26.8558 $2,148.46 Step 2 $58,644 $4,887 $28.1942 $2,255.54 Step 3 $61,584 $5,132 $29.6077 $2,368.62 Step 4 $64,656 $5,388 $31.0846 $2,486.77 Step 5 $67,896 $5,658 $32.6423 $2,611.38 Y1 $69,840 $5,820 $33.5769 $2,686.15 City of Vernon 3 of 22 Classification and Compensation Plan Effective February 2, 2016 Class PAY Now Occupational o. Families and Job Classes FLSA ■d- GRADE Annual MQn&jY Hoorly . . -Add Revs 00Auty Cory Ghle Pay Range On{y 1505 Administrative Aide (part-time hourly) NE C5 Step 1 ------ $40.0000 ------ 1530 Administrative Assistant NE G13 Step 1 $39,696 $3,308 $19.0846 $1,526.77 Step 2 $41,688 $3,474 $20.0423 $1,603.38 Step 3 $43,764 $3,647 $21.0404 $1,683.23 Step 4 $45,960 $3,830 $22.0962 $1,767.69 Step 5 $48,252 $4,021 $23.1981 $1,855.85 1530 Administrative Assistant, (Confidential) NE C13 Step 1 $39,696 $3,308 $19.0846 $1,526.77 Step 2 $41,688 $3,474 $20.0423 $1,603.38 Step 3 $43,764 $3,647 $21.0404 $1,683.23 Step 4 $45,960 $3,830 $22.0962 $1,767.69 Step 5 $48,252 $4,021 $23.1981 $1,855.85 1520 Administrative Assistant, Senior NE G17 Step 1 $48,252 $4,021 $23.1981 $1,855.85 Step 2 $50,652 $4,221 $24.3519 $1,948.15 Step 3 $53,208 $4,434 $25.5808 $2,046.46 Step 4 $55,860 $4,655 $26.8558 $2,148.46 Step 5 $58,644 $4,887 $28.1942 $2,255.54 Y1 $59,484 $4,957 $28.5981 $2,287.85 1520 Administrative Assistant, Senior(Confidential NE C17 Step 1 $48,252 $4,021 $23.1981 $1,855.85 Step 2 $50,652 $4,221 $24.3519 $1,948.15 Step 3 $53,208 $4,434 $25.5808 $2,046.46 Step 4 $55,860 $4,655 $26.8558 $2,148.46 Step 5 $58,644 $4,887 $28.1942 $2,255.54 1510 Administrative Secretary NE C20 Step 1 $55,860 $4,655 $26.8558 $2,148.46 Step 2 $58,644 $4,887 $28.1942 $2,255.54 Step 3 $61,584 $5,132 $29.6077 $2,368.62 Step 4 $64,656 $5,388 $31.0846 $2,486.77 Step 5 $67,896 $5,658 $32.6423 $2,611.38 Grandfathered - G1 $66,216 $5,518 $31.8346 $2,546.77 Grandfathered - G2 $69,664 $5,822 $33.5885 $2,687.08 Grandfathered - G3 $73,704 $6,142 $35.4346 $2,834.77 1500 Executive Assistant to the City Administrator NE C24 Step 1 $67,896 $5,658 $32.6423 $2,611.38 Step 2 $71,280 $5,940 $34.2692 $2,741.54 Step 3 $74,856 $6,238 $35.9885 $2,879.08 City of Vernon 4 of 22 Classification and Compensation Plan Effective February 2, 2016 I New class I PAY Occ Upat i onal jo. raw ies and J.b Code I GRA13E Annual Monthly Hourly .. A4 RemaCi Oe�ury Crty Clerk Ply.+?ange Orly Step 4 S78,600 $6,550 $37.7885 $3,023.08 Step 5 $82,524 $6,877 $39.6750 $3,174.00 GROUPRNANCE 1250 Account Clerk NE G14 Step 1 $41,688 $3,474 $20.0423 $1,603.38 Step 2 $43,764 $3,647 $21.0404 $1,683.23 Step 3 $45,960 $3,830 $22.0962 $1,767.69 Step 4 $48,252 $4,021 $23.1981 $1,855.85 Step 5 $50,652 $4,221 $24.3519 $1,948.15 1247 Account Clerk, Senior NE G18 Step 1 $50,652 $4,221 $24.3519 $1,948.15 Step 2 $53,208 $4,434 $25.5808 $2,046.46 Step 3 $55,860 $4,655 $26.8558 $2,148.46 Step 4 $58,644 $4,887 $28.1942 $2,255.54 Step 5 $61,584 $5,132 $29.6077 $2,368.62 1240 Accountant NE C22 Step 1 $61,584 $5,132 $29.6077 $2,368.62 Step 2 $64,656 $5,388 $31.0846 $2,486.77 Step 3 $67,896 $5,658 $32,6423 $2,611.38 Step 4 $71,280 $5,940 $34.2692 $2,741.54 Step 5 $74,856 $6,238 $35.9885 $2,879.08 1230 Accountant, Senior NE C26 Step 1 $74,856 $6,238 $35.9885 $2,879.08 Step 2 $78,600 $6,550 $37.7885 $3,023.08 Step 3 $82,524 $6,677 $39.6750 $3,174.00 Step 4 $86,652 $7,221 $41.6596 $3,332.77 Step 5 $90,984 $7,582 $43.7423 $3,499.38 1220 Assistant Finance Director E M36 Step 1 $121,932 $10,161 $58.6212 $4,689.69 Step 2 $128,028 $10,669 $61.5519 $4,924.15 Step 3 $134,436 $11,203 $64.6327 $5,170.62 Step 4 $141,144 $11,762 $67.8577 $5,428.62 Step 5 $148,212 $12,351 $71.2558 $5,700.46 1249 Business License Clerk NE G16 Step 1 $45,960 $3,830 $22.0962 $1,767,69 Step 2 $48,252 $4,021 $23.1981 $1,855.85 Step 3 $50,652 $4,221 $24.3519 $1,948.15 Step 4 $53,208 $4,434 $25.5808 $2,046.46 Step 5 $55,860 $4,655 $26.8558 $2,148.46 1225 Deputy City Treasurer E M34 City of Vernon 5 of 22 Classification and Compensation Plan Effective February 2, 2016 New class s . . FLSA PAY . . . . F777sed Deputy City Clerk Pay Range 0% Step 1 $110,592 $9,216 $53.1692 S4,253.54 Step 2 $116,124 $9,677 $55.8288 $4,466.31 Step 3 $121,932 $10,161 $58.6212 $4,689.69 Step 4 $128,028 $10,669 $61.5519 $4,924.15 Step 5 $134,436 $11,203 $64.6327 $5,170.62 1210 Director of Finance/City Treasurer E E41 Min $155,616 $12,968 $74.8154 $5,985.23 Max $189,156 $15,763 $90.9404 $7,275.23 Y1 $210,000 $17,500 $100.9615 $8,076.92 1245 Payroll Specialist NE C19 Step 1 $53,208 $4,434 $25.5808 $2,046.46 Step 2 $55,860 $4,655 $26.8558 $2,148.46 Step 3 $58,644 $4,887 $28.1942 $2,255.54 Step 4 $61,584 $5,132 $29.6077 $2,368.62 Step 5 $64,656 $5,388 $31.0846 $2,486.77 1248 Public Housing Property Coordinator NE C16 Step 1 $45,960 $3,830 $22.0962 $1,767.69 Step 2 $48,252 $4,021 $23.1981 $1,855.85 Step 3 $50,652 $4,221 $24.3519 $1,948.15 Step 4 $53,208 $4,434 $25.5808 $2,046.46 Step 5 $55,860 $4,655 $26.8558 $2,148.46 1235 Purchasing Assistant NE Ci20 Step 1 $55,860 $4,655 $26.8558 $2,148.46 Step 2 $58,644 $4,887 $28.1942 $2,255.54 Step 3 $61,584 $5,132 $29.6077 $2,368.62 Step 4 $64,656 $5,388 $31.0846 $2,486.77 Step 5 $67,896 $5,658 $32.6423 $2,611.38 FIRE GROUP 5015 Assistant Fire Chief E FM41 Step 1 $155,616 $12,968 $74.8154 $5,985.23 Step 2 $163,392 $13,616 $78.5538 $6,284.31 Step 3 $171,564 $14,297 $82.4827 $6,598.62 Step 4 $180,156 $15,013 $86.6135 $6,929.08 Step 5 $189,156 $15,763 $90.9404 $7,275.23 5033 Assistant Fire Marshal NE M29 Step 1 $86,652 $7,221 $ 41.6596 $3,332.77 Step 2 $90,984 $7,582 $ 43.7423 $3,499.38 Step 3 $95,544 $7,962 $ 45.9346 $3,674.77 Step 4 $100,320 $8,360 $ 48.2308 $3,858.46 Step 5 $105,336 $8,778 $ 50.6423 $4,051.38 5025 Fire Battalion Chief (P) NE FM38 City of Vernon s of 22 k Classification and Compensation Plan y � Effective February 2, 2016 New Class Occupational Job Families and Job Code GRADE -field R16T&ed Veputy Crty Clerk Pay Rang OY4 Step 1 $134,436 $11,203 $46.1662 a5,170.62 Step 2 $141,144 $11,762 $48.4698 $5,428.62 Step 3 $148,212 $12,351 $50.8970 $5,700.46 Step 4 $155,616 $12,968 $53.4396 $5,985.23 Step 5 $163,392 $13,616 $56.1099 $6,284.31 5025 Fire Battalion Chief (A) NE FA38 Step 1 $134,436 $11,203 $64.6327 $5,170.62 Step 2 $141,144 $11,762 $67.8577 $5,428.62 Step 3 $148,212 $12,351 $71.2558 $5,700.46 Step 4 $155,616 $12,968 $74.8154 $5,985.23 Step 5 $163,392 $13,616 $78.5538 $6,284.31 5030 Fire Captain (P) NE F31 Step 1 $95,544 $7,962 $32.8104 $3,674.77 Step 2 $100,320 $8,360 $34.4505 $3,858.46 Step 3 $105,336 $8,778 $36.1731 $4,051.38 Step 4 $110,592 $9,216 $37,9780 $4,253.54 Step 5 $116,124 $9,677 $39.8777 $4,466.31 5030 Fire Captain (A) NE FA31 Step 1 $95,544 $7,962 $45.9346 $3,674.77 Step 2 $100,320 $8,360 $48.2308 $3,858.46 Step 3 $105,336 $8,778 $50.6423 $4,051.38 Step 4 $110,592 $9,216 $53.1692 $4,253.54 Step 5 $116,124 $9,677 $55.8288 $4,466.31 5010 Fire Chief E E45 Min $189,156 $15,763 $90.9404 $7,275.23 Max $229,908 $19,159 $110.5327 $8,842.62 5050 Fire Code Inspector NE G25 Step 1 $71,280 $5,940 $34.2692 $2,741.54 Step 2 $74,856 $6,238 $35.9885 $2,879.08 Step 3 $78,600 $6,550 $37.7885 $3,023.08 Step 4 $82,524 $6,877 $39.6750 $3,174.00 Step 5 $86,652 $7,221 $41.6596 $3,332.77 5040 Fire Engineer(P) NE. F26 Step 1 $82,524 $6,877 $28.3393 $3,174.00 Step 2 $86,652 $7,221 $29.7569 $3,332.77 Step 3 $90,984 $7,582 $31.2445 $3,499.38 Step 4 $95,544 $7,962 $32.8104 $3,674.77 Step 5 $100,320 $8,360 $34.4505 $3,858.46 5040 Fire Engineer (A) NE FA28 Step 1 $82,524 $6,877 $39.6750 $3,174.00 City of Vernon 7 of 22 Classification and Compensation Plan Effective February 2, 2016 PAY • . . . . . . Classes FLSA. . • • s . . :odd RevLKgW Doputy Coy Crerk Pay Rarrge Only Step 2 $86,652 $7,221 $41.6596 $3,332.77 Step 3 $90,984 $7,582 $43.7423 $3,499.38 Step 4 $95,544 $7,962 $45.9346 $3,674.77 Step 5 $100,320 $8,360 $48.2308 $3,858.46 5020 Fire Marshal NE FM33 Step 1 $105,336 $8,778 $50.6423 $4,051.38 Step 2 $110,592 $9,216 $53.1692 $4,253.54 Step 3 $116,124 $9,677 $55.8288 $4,466.31 Step 4 $121,932 $10,161 $58.6212 $4,689.69 Step 5 $128,028 $10,669 $61.5519 $4,924.15 5060 Firefighter (P) NE F25 Step 1 $71,280 $5,940 $24.4780 $2,741.54 Step 2 $74,856 $6,238 $25.7060 $2,879.08 Step 3 $78,600 $6,550 $26.9918 $3,023.08 Step 4 $82,524 $6,877 $28.3393 $3,174.00 Step 5 $86,652 $7,221 $29.7569 $3,332.77 5060 Firefighter (A) NE FA25 Step 1 $71,280 $5,940 $34.2692 $2,741.54 Step 2 $74,856 $6,238 $35.9885 $2,879.08 Step 3 $78,600 $6,550 $37.7885 $3,023.08 Step 4 $82,524 $6,877 $39.6750 $3,174.00 Step 5 $86,652 $7,221 $41.6596 $3,332.77 5045 Firefighter/Paramedic (P) NE F28 Step 1 $82,524 $6,877 $28.3393 $3,174.00 Step 2 $86,652 $7,221 $29.7569 $3,332.77 Step 3 $90,984 $7,582 $31.2445 $3,499.38 Step 4 $95,544 $7,962 $32.8104 $3,674.77 Step 5 $100,320 $8,360 $34.4505 $3,858.46 5045 Firefighter/Paramedic (A) NE FA28 Step 1 $82,524 $6,877 $39.6750 $3,174.00 Step 2 $86,652 $7,221 $41.6596 $3,332.77 Step 3 $90,984 $7,582 $43.7423 $3,499.38 Step 4 $95,544 $7,962 $45.9346 $3,674.77 Step 5 $100,320 $8,360 $48.2308 $3,858.46 5035 Firefighter/Paramedic Coordinator (P) NE F29 Step 1 $86,652 $7,221 $29.7569 $3,332.77 Step 2 $90,984 $7,582 $31.2445 $3,499.38 Step 3 $95,544 $7,962 $32.8104 $3,674.77 Step 4 $100,320 $8,360 $34.4505 $3,858.46 Step 5 $105,336 $8,778 $36.1731 $4,051.38 5035 Firefighter/Paramedic Coordinator(A) NE FA29 Step 1 $86,652 $7,221 $41.6596 $3,332.77 City of Vernon 8 of 22 Classification and Compensation Plan Y Effective February 2, 2016 New class Occupaftonal Job Families and Job Classes FLSA PAY Code GRADE Annual foonthly Hourly . . 'Add Rewsed miry City CWk Pay Pa W Drily Step 2 $90,984 $7,582 $43.7423 $3,499.38 Step 3 $95,544 $7,962 $45.9346 $3,674.77 Step 4 $100,320 $8,360 $48.2308 $3,858.46 Step 5 $105,336 $8,778 $50.6423 $4,051.38 Business and Accounts GrqM 8710 Business and Account Supervisor E M31 Step 1 $95,544 $7,962 $45.9346 $3,674.77 Step 2 $100,320 $8,360 $48.2308 $3,858.46 Step 3 $105,336 $8,778 $50.6423 $4,051.38 Step 4 $110,592 $9,216 $53.1692 $4,253.54 Step 5 $116,124 $9,677 $55.8288 $4,466.31 8615 Utilities Compliance Analyst NE G27 Step 1 $78,600 $6,550 $37.7885 $3,023.08 Step 2 $82,524 $6,877 $39.6750 $3,174.00 Step 3 $86,652 $7,221 $41.6596 $3,332.77 Step 4 $90,984 $7,582 $43.7423 $3,499.38 Step 5 $95,544 $7,962 $45.9346 $3,674.77 8610 Utilities Compliance Manager E M35 Step 1 $116,124 $9,677 $55.8288 $4,466.31 Step 2 $121,932 $10,161 $58.6212 $4,689.69 Step 3 $128,028 $10,669 $61.5519 $4,924.15 Step 4 $134,436 $11,203 $64,6327 $5,170.62 Step 5 $141,144 $11.762 $67,8577 $5,428.62 Customer Service Group 8530 Utilities Customer Service Representative NE G17 Step 1 $48,252 $4,021 $23.1981 $1,855.85 Step 2 $50,652 $4,221 $24.3519 $1,948.15 Step 3 $53,208 $4,434 $25.5808 $2,046.46 Step 4 $55,860 $4,655 $26.8558 $2,148.46 Step 5 $58,644 $4,887 $28.1942 $2,255.54 8510 Utilities Customer Service Supervisor NE M26 Step 1 $74,856 $6,238 $35.9885 $2,879.08 Step 2 $78,600 $6,550 $37.7885 $3,023.08 Step 3 $82,524 $6,877 $39.6750 $3,174.00 Step 4 $86,652 $7,221 $41.6596 $3,332.77 Step 5 $90,984 $7,582 $43.7423 $3,499.38 OperationsElectric 8040 Electric Operations Supervisor E M35 Step 1 $116,124 $9,677 $55.8288 $4,466.31 Step 2 $121,932 $10,161 $58.6212 $4,689.69 City of Vernon 9 of 22 Classification and Compensation Plan Effective February 2, 2016 OccupationalClass .b �b FLSA PAY . . r .. F7Pavx04f Der vu v City�h'l Pay Range Dray Step 3 $128,028 $10,669 $61.5519 $4,924.15 Step 4 $134,436 $11,203 $64.6327 $5,170.62 Step 5 $141,144 $11,762 $67.8577 $5,428.62 8035 Electric Operator NE i30 Step 1 $90,984 $7,582 $43.7423 $3,499.38 Step 2 $95,544 $7,962 $45.9346 $3,674.77 Step 3 $100,320 $8,360 $48.2308 $3,858.46 Step 4 $105,336 $8,778 $50.6423 $4,051.38 Step 5 $110,592 $9,216 $53.1692 $4,253.54 8053 Electrical Test Technician, Senior NE 131 Step 1 $95,544 $7,962 $45.9346 $3,674.77 Step 2 $100,320 $8,360 $48.2308 $3,858.46 Step 3 $105,336 $8,778 $50.6423 $4,051.38 Step 4 $110,592 $9,216 $53.1692 $4,253.54 Step 5 $116,124 $9,677 $55.8288 $4,466.31 8050 Metering Technician NE 1?9 Step 1 $86,652 $7,221 $41.6596 $3,332.77 Step 2 $90,984 $7,582 $43.7423 $3,499.38 Step 3 $95,544 $7,962 $45.9346 $3,674.77 Step 4 $100,320 $8,360 $48.2308 $3,858.46 Step 5 $105,336 $8,778 $50.6423 $4,051.38 8045 Power Plant Operator NF 128 Step 1 $82,524 $6,877 $39.6750 $3,174.00 Step 2 $86,652 $7,221 $41.6596 $3,332.77 Step 3 $90,984 $7,582 $43.7423 $3,499.38 Step 4 $95,544 $7,962 $45.9346 $3,674.77 Step 5 $100,320 $8,360 $48.2308 $3,858.46 8055 Electrical Test Technician NE 129 Step 1 $86,652 $7,221 $41.6596 $3,332.77 Step 2 $90,984 $7,582 $43.7423 $3,499.38 Step 3 $95,544 $7,962 $45.9346 $3,674.77 Step 4 $100,320 $8,360 $48.2308 $3,858.46 Step 5 $105,336 $8,778 $50.6423 $4,051.38 8030 Utilities Dispatcher N E 133 Step 1 $105,336 $8,778 $50.6423 $4,051.38 Step 2 $110,592 $9,216 $53.1692 $4,253.54 Step 3 $116,124 $9,677 $55.8288 $4,466.31 Step 4 $121,932 $10,161 $58.6212 $4,689.69 Step 5 $128,028 $10,669 $61.5519 $4,924.15 :.r City of Vernon 10 or 22 t; Classification and Compensation Plan ' Effective February 2, 2016 New class Occupational • r Families and Job Classes FLSA PAY Code + iE Annual Monthly Hourly - ■■ `AV I:Wse0 Daputy Cay Clerk Fay Rariq&Or?4e 8025 Utilities Dispatcher, Senior NE 134 Step 1 $110,592 $9,216 $53.1692 $4,253.54 Step 2 $116,124 $9,677 $55.8288 $4,466.31 Step 3 $121,932 $10,161 $58.6212 $4,689.69 Step 4 $128,028 $10,669 $61.5519 $4,924.15 Step $134,436 $11,203 $64.6327 $5,170.62 8015 Utilities Operations Manager E M38 Step 1 $134,436 $1 1,203 $64.6327 $5,170.62 Step 2 $141,144 $11,762 $67.8577 $5,428.62 Step 3 $148,212 $12,351 $71.2558 $5,700.46 Step 4 $155,616 $12,968 $74.8154 $5,985.23 Step 5 $163,392 $13,616 $78.5538 $6,284.31 . . 8130 Associate Electrical Engineer NE 129 Step 1 $86,652 $7,221 $41.6596 $3,332.77 Step 2 $90,984 $7,582 $43.7423 $3,499.38 Step 3 $95,544 $7,962 $45.9346 $3,674.77 Step 4 $100,320 $8,360 $48.2308 $3,858.46 Step 5 $105,336 $8,778 $50.6423 $4,051.38 8140 Computer Aided Drafting Technician N F G20 Step 1 $55,860 $4,655 $26.8558 $2,148.46 Step 2 $58,644 $4,887 $28.1942 $2,255.54 Step 3 $61,584 $5,132 $29.6077 $2,368.62 Step 4 $64,656 $5,388 $31.0846 $2,486.77 Step 5 $67,896 $5,658 $32.6423 $2,611.38 Y1 $70,860 $5,905 $34.0673 $2,725.38 8125 Electrical Engineer NE 131 Step 1 $95,544 $7,962 $45.9346 $3,674.77 Step 2 $100,320 $8,360 $48.2308 $3,858.46 Step 3 $105,336 $8,778 $50.6423 $4,051.38 Step 4 $110,592 $9,216 $53.1692 $4,253.54 Step 5 $116,124 $9,677 $55.8288 $4,466.31 8115 Supervising Electrical Engineer NE M33 Step 1 $105,336 $8,778 $50.6423 $4,051.38 Step 2 $110,592 $9,216 $53.1692 $4,253.54 Step 3 $116,124 $9,677 $55.8268 $4,466,31 Step 4 $121,932 $10,161 $58.6212 $4,689.69 Step 5 $128,028 $10,669 $61.5519 $4,924.15 8110 Utilities Engineering Manager E M40 Step 1 $148,212 $12,351 $71.2558 $5,700.46 Step 2 $155,616 $12,968 $74.8154 $5,985.23 Step 3 $163,392 $13,616 $78.5538 $6,284.31 City of Vernon 11 of 22 Classification and Compensation Plan Effective February 2, 2016 OccupationalClass . . Families and Job Classes FLSA PAY . . . , F;e-m-%-d Dspufy Orly Clerk Pay Flange OnY Step 4 $171,564 $14,297 S82.4827 $6,598.62 Step 5 $180,156 $15,013 $86.6135 $6,929.08 8215 Gas Systems Specialist NE 130 Step 1 $90,984 $7,582 $43.7423 $3,499.38 Step 2 $95,544 $7,962 $45.9346 $3,674.77 Step 3 $100,320 $8,360 $48.2308 $3,858.46 Step 4 $105,336 $8,778 $50.6423 $4,051.38 Step 5 $110,592 $9,216 $53.1692 $4,253.54 YC1 $111,300 $9,275 $53.5096 $4,280.77 8210 Gas Systems Superintendent E M34 Step 1 $110,592 $9,216 $53.1692 $4,253.54 Step 2 $116,124 $9,677 $55.8288 $4,466.31 Step 3 $121,932 $10,161 $58.6212 $4,689.69 Step 4 $128,028 $10,669 $61.5519 $4,924.15 Step 5 $134,436 $11,203 $64.6327 $5,170.62 8220 Gas Systems Technician NE 126 Step 1 $74,856 $6,238 $35.9885 $2,879.08 Step 2 $78,600 $6,550 $37.7885 $3,023.08 Step 3 $82,524 $6,877 $39.6750 $3,174.00 Step 4 $86,652 $7,221 $41.6596 $3,332.77 Step 5 $90,984 $7,582 $43.7423 $3,499.38 Resource8435 Assistant Resource Scheduler N. E 128 Step 1 $82,524 $6,877 $39.6750 $3,174.00 Step 2 $86,652 $7,221 $41.6596 $3,332.77 Step 3 $90,984 $7,582 $43.7423 $3,499.38 Step 4 $95,544 $7,962 $45.9346 $3,674.77 Step 5 $100,320 $8,360 $48.2308 $3,858.46 8430 Associate Resource Scheduler NE 130 Step 1 $90,984 $7,582 $43.7423 $3,499.38 Step 2 $95,544 $7,962 $45.9346 $3,674.77 Step 3 $100,320 $8,360 $48.2308 $3,858.46 Step 4 $105,336 $8,778 $50.6423 $4,051.38 Step 5 $110,592 $9,216 $53.1692 $4,253.54 8410 Electric Resources Planning & Dev. Mngr E M41 Step 1 $155,616 $12,968 $74.8154 $5,985.23 Step 2 $163,392 $13,616 $78.5538 $6,284.31 Step 3 $171,564 $14,297 $82.4827 $6,598.62 Step 4 $180,156 $15,013 $86.6135 $6,929.08 Step 5 $189,156 $15,763 $90.9404 $7,275.23 City of Vernon 12 of 22 Classification and Compensation Plan Effective February 2, 2016 Claw Occupational . . Families and Job Classes rLSA PAY . . • GRADE Annual j MonthlY Hourly Pay Period odd PaWSEW Deputy City o1grk pay►fiarw 4nfy 8425 Electric Service Planner NE G26 Step 1 $74,856 $6,238 $35.9885 $2,879.08 Step 2 $78,600 $6,550 $37.7885 $3,023.08 Step 3 $82,524 $6,877 $39.6750 $3,174.00 Step 4 $86,652 $7,221 $41.6596 $3,332.77 Step 5 $90,984 $7,582 $43.7423 $3,499.38 8415 Resource Planner NE 135 Step 1 $116,124 $9,677 $55.8288 $4,466.31 Step 2 $121,932 $10,161 $58.6212 $4,689.69 Step 3 $128,028 $10,669 $61.5519 $4,924.15 Step 4 $134,436 $11,203 $64.6327 $5,170.62 Step 5 $141,144 $11,762 $67.8577 $5,428.62 8420 Resource Scheduler CIE 132 Step 1 $100,320 $8,360 $48.2308 $3,858.46 Step 2 $105,336 $8,778 $50.6423 $4,051.38 Step 3 $110,592 $9,216 $53.1692 $4,253.54 Step 4 $116,124 $9,677 $55.8288 $4,466.31 Step 5 $121,932 $10,161 $58.6212 $4,689.69 Telecommunications Group 8315 Telecommunications Specialist NE 5320 Step 1 $82,404 $6,867 $39.6173 $3,169.38 Step 2 $78,108 $6,509 $37.5519 $3,004.15 Step 3 $74,040 $6,170 $35.5962 $2,847.69 Step 4 $70,176 $5,848 $33.7385 $2,699.08 Step 5 $66,528 $5,544 $31.9846 $2,558.77 Step 6 $63,060 $5,255 $30.3173 $2,425.38 Step 7 $59,772 $4,981 $28.7365 $2,298.92 Step 8 $56,652 $4,721 $27.2365 $2,178.92 8310 Telecommunications Systems Engineer NE 5330 Step 1 $111,300 $9,275 $53.5096 $4,280.77 Step 2 $105,504 $8,792 $50.7231 $4,057.85 Step 3 $99,996 $8,333 $48.0750 $3,846.00 Step 4 $94,788 $7,899 $45.5712 $3,645.69 Step 5 $89,844 $7,487 $43.1942 $3,455.54 Step 6 $85,152 $7,096 $40.9385 $3,275.08 Step 7 $80,712 $6,726 $38.8038 $3,104.31 Step 8 $76,512 $6,376 $36.7846 $2,942.77 2015 Deputy Dir. of Health & Environmental Contrc E M35 Step 1 $116,124 $9,677 $55.8288 $4,466.31 Step 2 $121,932 $10,161 $58.6212 $4,689.69 City of Vernon 13 of 22 0 Classification and Compensation Plan Effective February 2, 2016 • . . . . . . * . !E Annual Monthly Hourly Pay Period 'ridd J4ov se beauty Crty Clerk Pay Range OMy Step 3 $128,028 $10,669 a61.5519 $4,924.15 Step 4 $134,436 $11,203 $64.6327 $5,170.62 Step 5 $141,144 $11,762 $67.8577 $5,428.62 2010 Director of Health and Environmental Control E E43 Min $171,564 $14,297 $82.4827 $6,598.62 Max $208,536 $17,378 $100.2577 $8,020.62 2030 Environmental Specialist NE G24 Step 1 $67,896 $5,658 $32.6423 $2,611.38 Step 2 $71,280 $5,940 $34,2692 $2,741.54 Step 3 $74,856 $6,238 $35.9885 $2,879.08 Step 4 $78,600 $6,550 $37.7885 $3,023.08 Step 5 $82,524 $6,877 $39.6750 $3,174.00 2025 Environmental Specialist, Senior NE G28 Step 1 $82,524 $6,877 $39.6750 $3,174.00 Step 2 $86,652 $7,221 $41.6596 $3,332.77 Step 3 $90,984 $7,582 $43.7423 $3,499.38 Step 4 $95,544 $7,962 $45.9346 $3,674.77 Step 5 $100,320 $8,360 $48.2308 $3,858.46 Grandfathered- Hired before July 1, 2014 G 1 $95,916 $7,993 $46.1135 $3,689.08 Grandfathered-Hired before July 1, 2014 G2 $101,196 $8,433 $48.6519 $3,892.15 Grandfathered-Hired before July 1, 2014 G3 $106,764 $8,897 $51.3288 $4,106.31 Grandfathered-Hired before July 1, 2014 G4 $112,632 $9,386 $54.1500 $4,332.00 RESOURCESHUMAN - s 1410 Director of Human Resources E E-11] Min $148,212 $12,351 $71.2558 $5,700.46 Max $180,156 $15,013 $86.6135 $6,929.08 Y1 $196,000 $16,333.34 $94.2308 $7,538.46 1420 Human Resources Analyst NE C26 Step 1 $74,856 $6,238 $35.9885 $2,879.08 Step 2 $78,600 $6,550 $37.7885 $3,023.08 Step 3 $82,524 $6,877 $39.6750 $3,174.00 Step 4 $86,652 $7,221 $41.6596 $3,332.77 Step 5 $90,984 $7,582 $43.7423 $3,499.38 1415 Human Resources Analyst, Senior E M32 Step 1 $100,320 $8,360 $48.2308 $3,858.46 Step 2 $105,336 $8,778 $50.6423 $4,051.38 Step 3 $110,592 $9,216 $53.1692 $4,253.54 Step 4 $116,124 $9,677 $55.8288 $4,466.31 Step 5 $121,932 $10,161 $58.6212 $4,689.69 City of Vernon 14 of 22 Classification and Compensation Plan Effective February 2, 2016 I New Class Occupational .. Families and Job Classes FLSA PAY I Code I GRADE Annual Monthly ■ . . 7dd 7,5ed duty City 09(k Pav Range Orr41 1425 Human Resources Assistant NE C17 Step 1 $48,252 $4,021 $23.1981 $1,855.85 Step 2 $50,652 $4,221 $24.3519 $1,948.15 Step 3 $53,208 $4,434 $25.5808 $2,046.46 Step 4 $55,860 $4,655 $26.8558 $2,148.46 Step 5 $58,644 $4,887 $28.1942 $2,255.54 3010 Industrial Development Director E E39 Step 1 $141,144 $11,762 $67.8577 $5,428.62 Step 2 $148,212 $12,351 $71.2558 $5,700.46 Step 3 $155,616 $12,968 $74.8154 $5,985.23 Step 4 $163,392 $13,616 $78.5538 $6,284.31 Step 5 $171,564 $14,297 $82.4827 $6,598.62 1020 Economic Development Manager F M36 Step 1 $121,932 $10,161 $58.6212 $4,689.69 Step 2 $128,028 $10,669 $61.5519 $4,924.15 Step 3 $134,436 $11,203 $64.6327 $5,170.62 Step 4 $141,144 $11,762 $67.8577 $5,428.62 Step 5 $148,212 $12,351 $71.2558 $5,700.46 POLICE 4035 Police Cadet NE 3180 Step 1 $38,124 $3,177 $18.3288 $1,466.31 Step 2 $36,144 $3,012 $17.3769 $1,390.15 Step 3 $34,260 $2,855 $16.4712 $1,317.69 Step 4 $32,472 $2,706 $15.6115 $1,248.92 Step 5 $30,780 $2,565 $14.7981 $1,183.85 Step 6 $29,172 $2,431 $14.0250 $1,122.00 Step 7 $27,660 $2,305 $13.2981 $1,063.85 Step 8 $26,208 $2,184 $12.6000 $1,008.00 4015 Police Captain E PM ig Step 1 $141,144 $11,762 $67.8577 $5,428.62 Step 2 $148,212 $12,351 $71.2558 $5,700.46 Step 3 $155,616 $12,968 $74.8154 $5,985.23 Step 4 $163,392 $13,616 $78.5538 $6,284.31 Step 5 $171,564 $14,297 $82.4827 $6,598.62 4010 Police Chief E E46 Min $198,612 $16,551 $95.4865 $7,638.92 Max $241,404 $20,117 $116.0596 $9,284.77 4020 Police Lieutenant NE PM36 Step 1 $121,932 $10,161 $58.6212 $4,689.69 Step 2 $128,028 $10,669 $61.5519 $4,924.15 City of Vernon 15 of 22 Classification and Compensation Plan Effective February 2, 2016 Class Occupational Job Families and Job Classes FLSA PAY Code GRADE Annual MontW Hourly Pay Peviod FAddZvrsed Daputy Cq irk Pay Range onty Step 3 $134,436 $11,203 $64.6327 $5,170.62 Step 4 $141,144 $11,762 $67.8577 $5,428.62 Step 5 $148,212 $12,351 $71.2558 $5,700.46 4030 Police Officer NE PO25 Step 1 $71,280 $5,940 $34.2692 $2,741.54 Step 2 $74,856 $6,238 $35.9885 $2,879.08 Step 3 $78,600 $6,550 $37.7885 $3,023.08 Step 4 $82,524 $6,877 $39.6750 $3,174.00 Step 5 $86,652 $7,221 $41.6596 $3,332.77 Y1 $83,784 $6,982 $40.2808 $3,222.46 Y2 $88,404 $7,367 $42.5019 $3,400.15 Y3 $93,252 $7,771 $44.8327 $3,586.62 4025 Police Sergeant NE PO30 Step 1 $90,984 $7,582 $43.7423 $3,499.38 Step 2 $95,544 $7,962 $45.9346 $3,674.77 Step 3 $100,320 $8,360 $48.2308 $3,858.46 Step 4 $105,336 $8,778 $50.6423 $4,051.38 Step 5 $110,592 $9,216 $53.1692 $4,253.54 Y1 $102,012 $8,501 $49.0442 $3,923.54 Y2 $107,616 $8,968 $51.7385 $4,139.08 Y3 $113,544 $9,462 $54.5885 $4,367.08 Police SuppqELGTOUP 4125 Civilian Court Officer NE G17 Step 1 $48,252 $4,021 $23.1981 $1,855.85 Step 2 $50,652 $4,221 $24.3519 $1,948.15 Step 3 $53,208 $4,434 $25.5808 $2,046.46 Step 4 $55,860 $4,655 $26.8558 $2,148.46 Step 5 $58,644 $4,887 $28.1942 $2,255.54 4123 Police Community Services Officer NF G16 Step 1 $45,960 $3,830 $22.0962 $1,768 Step 2 $48,252 $4,021 $23.1981 $1,856 Step 3 $50,652 $4,221 $24.3519 $1,948 Step 4 $53,208 $4,434 $25.5808 $2,046 Step 5 $55,860 $4,655 $26.8558 $2,148 4130 Police Dispatcher NE G18 Step 1 $50,652 $4,221 $24.3519 $1,948.15 Step 2 $53,208 $4,434 $25.5808 $2,046.46 Step 3 $55,860 $4,655 $26.8558 $2,148.46 Step 4 $58,644 $4,887 $28.1942 $2,255.54 Step 5 $61,584 $5,132 $29.6077 $2,368.62 4115 Police Dispatcher, Lead NE G20 City of Vernon W of 22 ,. Classification and Compensation Plan Effective February 2, 2016 � . _ ■ . .b Classes FLSA PAY + ■ ■ •y! dC Dqputy Gift+Ck?rk Pay PR i'I Step 1 $55,860 $4,655 $26.8558 $2,148.46 Step 2 $58,644 $4,887 $28.1942 $2,255.54 Step 3 $61,584 $5,132 $29.6077 $2,368.62 Step 4 $64,656 $5,388 $31.0846 $2,486.77 Step 5 $67,896 $5,658 $32.6423 $2,611.38 4110 Police Records Manager NE M27 Step 1 $78,600 $6,550 $37.7885 $3,023.08 Step 2 $82,524 $6,877 $39.6750 $3,174.00 Step 3 $86,652 $7,221 $41.6596 $3,332.77 Step 4 $90,984 $7,582 $43.7423 $3,499.38 Step 5 $95,544 $7,962 $45.9346 $3,674.77 4135 Police Records Technician NE G14 Step 1 $41,688 $3,474 $20.0423 $1,603.38 Step 2 $43,764 $3,647 $21.0404 $1,683.23 Step 3 $45,960 $3,830 $22.0962 $1,767.69 Step 4 $48,252 $4,021 $23.1981 $1,855.85 Step 5 $50,652 $4,221 $24.3519 $1,948.15 Y1 $51,540 $4,295 $24.7788 $1,982.31 4120 Police Records Technician, Lead NE G16 Step 1 $45,960 $3,830 $22.0962 $1,767.69 Step 2 $48,252 $4,021 $23.1981 $1,855.85 Step 3 $50,652 $4,221 $24.3519 $1,948.15 Step 4 $53,208 $4,434 $25.5808 $2,046.46 Step 5 $55,860 $4,655 $26.8558 $2,148.46 7015 Deputy Director of PW, Water and Dev. Sery E VIJ8 Step 1 $134,436 $11,203 $64.6327 $5,170.62 Step 2 $141,144 $11,762 $67.8577 $5,428.62 Step 3 $148,212 $12,351 $71.2558 $5,700.46 Step 4 $155,616 $12,968 $74.8154 $5,985.23 Step 5 $163,392 $13,616 $78.5538 $6,284.31 7010 Director of PW, Water and Development Ser E E46 Min $198,612 $16,551 $95.4865 $7,638.92 Max $241,404 $20,117 $116.0596 $9,284.77 Building and Planning Group 7�130 Building Inspector NE G25 Step 1 $71,280 $5,940 $34.2692 $2,742 Step 2 $74,856 $6,238 $35.9885 $2,879 Step 3 $78,600 $6,550 $37.7885 $3,023 x.. City of Vernon 17 of 22 Classification and Compensation Plan Effective February 2, 2016 Occupationat Job . . Classes FLSA PAY .. • WE fimusil I Monthly Hourly Pay PerM odd Revised Deputy Cety C19A Flay Range Only Step 4 S82,524 $6,877 $39.6750 $3,174 Step 5 $86,652 $7,221 $41.6596 $3,333 7215 Building Inspector, Senior NE G27 Step 1 $78,600 $6,550 $37.7885 $3,023.08 Step 2 $82,524 $6,877 $39.6750 $3,174.00 Step 3 $86,652 $7,221 $41.6596 $3,332.77 Step 4 $90,984 $7,582 $43.7423 $3,499.38 Step 5 $95,544 $7,962 $45.9346 $3,674.77 Y1 $96,612 $8,051 $46.4481 $3,715.85 7225 Electrical Inspector NE G25 Step 1 $71,280 $5,940 $34.2692 $2,741.54 Step 2 $74,856 $6,238 $35.9885 $2,879.08 Step 3 $78,600 $6,550 $37.7885 $3,023.08 Step 4 $82,524 $6,877 $39.6750 $3,174.00 Step 5 $86,652 $7,221 $41.6596 $3,332.77 7213 Electrical Inspector, Senior NE G27 Step 1 $78,600 $6,550 $37.7885 $3,023 Step 2 $82,524 $6,877 $39.6750 $3,174 Step 3 $86,652 $7,221 $41.6596 $3,333 Step 4 $90,984 $7,582 $43.7423 $3,499 Step 5 $95,544 $7,962 $45.9346 $3,675 7250 Permit Technician NE G17 Step 1 $48,252 $4,021 $23.1981 $1,855.85 Step 2 $50,652 $4,221 $24.3519 $1,948.15 Step 3 $53,208 $4,434 $25.5808 $2,046.46 Step 4 $55,860 $4,655 $26.8558 $2,148.46 Step 5 $58,644 $4,887 $28.1942 $2,255.54 7220 Assistant Planner NE G22 Step 1 $61,584 $5,132 $29.6077 $2,368.62 Step 2 $64,656 $5,388 $31.0846 $2,486.77 Step 3 $67,896 $5,658 $32.6423 $2,611.38 Step 4 $71,280 $5,940 $34.2692 $2,741.54 Step 5 $74,856 $6,238 $35.9885 $2,879.08 7235 Plumbing and Mechanical Inspector NE G25 Step 1 $71,280 $5,940 $34.2692 $2,741.54 Step 2 $74,856 $6,238 $35.9885 $2,879.08 Step 3 $78,600 $6,550 $37.7885 $3,023.08 Step 4 $82,524 $6,877 $39.6750 $3,174.00 Step 5 $86,652 $7,221 $41.6596 $3,332.77 7213 Plumbing and Mechancial Inspector, Senior NE G27 Step 1 $78,600 $6,550 $37.7885 $3,023.08 �.2 City of Vernon 18 of 22 Classification and Compensation Plan Effective February 2, 2016 Ciass PAY • . . . . . . • . . 4�d Ravigadr Depvly City Chwk Pay Range Only Step 2 $82,524 $6,877 $39.6750 $3,174.00 Step 3 $86,652 $7,221 $41.6596 $3,332.77 Step 4 $90,984 $7,582 $43.7423 $3,499.38 Step 5 $95,544 $7,962 $45.9346 $3,674.77 En.gineering Group (Public Works 7140 Assistant Engineer NE 024 Step 1 $67,896 $5,658 $32.6423 $2,611.38 Step 2 $71,280 $5,940 $34.2692 $2,741.54 Step 3 $74,856 $6,238 $35.9885 $2,879.08 Step 4 $78,600 $6,550 $37.7885 $3,023.08 Step 5 $82,524 $6,877 $39.6750 $3,174.00 7135 Associate Engineer ICE G28 Step 1 $82,524 $6,877 $39.6750 $3,174.00 Step 2 $86,652 $7,221 $41.6596 $3,332.77 Step 3 $90,984 $7,582 $43.7423 $3,499.38 Step 4 $95,544 $7,962 $45.9346 $3,674.77 Step 5 $100,320 $8,360 $48.2308 $3,858.46 7118 Civil Engineer N E= M32 Step 1 $100,320 $8,360 $48.2308 $3,858.46 Step 2 $105,336 $8,778 $50.6423 $4,051.38 Step 3 $110,592 $9,216 $53.1692 $4,253.54 Step 4 $116,124 $9,677 $55.8288 $4,466.31 Step 5 $121,932 $10,161 $58.6212 $4,689.69 7145 Engineering Aide NE G21 Step 1 $58,644 $4,887 $28.1942 $2,255.54 Step 2 $61,584 $5,132 $29.6077 $2,368.62 Step 3 $64,656 $5,388 $31.0846 $2,486.77 Step 4 $67,896 $5,658 $32.6423 $2,611.38 Step 5 $71,280 $5,940 $34.2692 $2,741.54 7115 Principal Civil Engineer E M36 Step 1 $121,932 $10,161 $58.6212 $4,689.69 Step 2 $128,028 $10,669 $61.5519 $4,924.15 Step 3 $134,436 $11,203 $64.6327 $5,170.62 Step 4 $141,144 $11,762 $67.8577 $5,428.62 Step 5 $148,212 $12,351 $71.2558 $5,700.46 7120 Project Engineer NE 030 Step 1 $90,984 $7,582 $43.7423 $3,499.38 Step 2 $95,544 $7,962 $45.9346 $3,674.77 Step 3 $100,320 $8,360 $48.2308 $3,858.46 Step 4 $105,336 $8,778 $50.6423 $4,051.38 Step 5 $110,592 $9,216 $53.1692 $4,253.54 City of Vernon 19 of 22 Classification and Compensation Plan Effective February 2, 2016 Class Occupational Job Families and Job Classes FLSA PAY New . . • GRADE . . . "Add Rowrg?d tepufy CO crerk pay Range onik 7125 Stormwater and Special Projects Analyst NE G27 Step 1 $78,600 $6,550 $37.7885 $3,023.08 Step 2 $82,524 $6,877 $39.6750 $3,174.00 Step 3 $86,652 $7,221 $41.6596 $3,332.77 Step 4 $90,984 $7,582 $43.7423 $3,499.38 Step 5 $95,544 $7,962 $45.9346 $3,674.77 For-illities Maintenance Gr. . 7720 Facilities Maintenance Worker NE G16 Step 1 $45,960 $3,830 $22.0962 $1,767,69 Step 2 $48,252 $4,021 $23.1981 $1,855.85 Step 3 $50,652 $4,221 $24.3519 $1,948.15 Step 4 $53,208 $4,434 $25.5808 $2,046.46 Step 5 $55,860 $4,655 $26.8558 $2,148.46 7735 Facilities Maintenance Worker, Lead NE 022 Step 1 $61,584 $5,132 $29.6077 $2,368.62 Step 2 $64,656 $5,388 $31.0846 $2,486.77 Step 3 $67,896 $5,658 $32.6423 $2,611.38 Step 4 $71,280 $5,940 $34.2692 $2,741.54 Step 5 $74,856 $6,238 $35.9885 $2,879.08 YC1 $75,936 $6,328 $36.5077 $2,920.62 7730 Facilities Maintenance Worker, Senior NE G18 Step 1 $50,652 $4,221 $24.3519 $1,948.15 Step 2 $53,208 $4,434 $25.5808 $2,046.46 Step 3 $55,860 $4,655 $26.8558 $2,148.46 Step 4 $58,644 $4,887 $28.1942 $2,255.54 Step 5 $61,584 $5,132 $29.6077 $2,368.62 7530 Mechanic NE G19 Step 1 $53,208 $4,434 $25.5808 $2,046.46 Step 2 $55,860 $4,655 $26.8558 $2,148.46 Step 3 $58,644 $4,887 $28.1942 $2,255.54 Step 4 $61,584 $5,132 $29.6077 $2,368.62 Step 5 $64,656 $5,388 $31.0846 $2,486.77 7520 Mechanic, Lead NE G23 Step 1 $64,656 $5,388 $31.0846 $2,486.77 Step 2 $67,896 $5,658 $32.6423 $2,611.38 Step 3 $71,280 $5,940 $34.2692 $2,741.54 Step 4 $74,856 $6,238 $35.9885 $2,879.08 Step 5 $78,600 $6,550 $37.7885 $3,023.08 City of Vernon 20 of 22 Classification and Compensation Plan * F* Effective February 2, 2016 . . Fam H ic&a nd Jo+ CCHde GRADE Annual Monthly HouOy Pay Period Td �evised Daputy Orly Clerk Pay R00go Only 7525 Mechanic, Senior NE G21 Step 1 $58,644 $4,887 $28.1942 $2,255.54 Step 2 $61,584 $5,132 $29.6077 $2,368.62 Step 3 $64,656 $5,388 $31.0846 $2,486.77 Step 4 $67,896 $5,658 $32.6423 $2,611.38 Step 5 $71,280 $5,940 $34.2692 $2,741.54 Meter Reading Grou 7830 Meter Reader NE G18 Step 1 $50,652 $4,221 $24.3519 $1,948.15 Step 2 $53,208 $4,434 $25.5808 $2,046.46 Step 3 $55,860 $4,655 $26.8558 $2,148.46 Step 4 $58,644 $4,887 $28.1942 $2,255.54 Step 5 $61,584 $5,132 $29.6077 $2,368.62 7820 Meter Reader, Lead NE G20 Step 1 $55,860 $4,655 $26.8558 $2,148.46 Step 2 $58,644 $4,887 $28.1942 $2,255.54 Step 3 $61,584 $5,132 $29.6077 $2,368.62 Step 4 $64,656 $5,388 $31.0846 $2,486.77 Step 5 $67,896 $5,658 $32.6423 $2,611.38 Street Maintenance Group 7430 Street Maintenance Worker NE G15 Step 1 $43,764 $3,647 $21.0404 $1,683.23 Step 2 $45,960 $3,830 $22.0962 $1,767.69 Step 3 $48,252 $4,021 $23.1981 $1,855.85 Step 4 $50,652 $4,221 $24.3519 $1,948.15 Step 5 $53,208 $4,434 $25.5808 $2,046.46 7425 Street Maintenance Worker, Senior NE G18 Step 1 $50,652 $4,221 $24.3519 $1,948.15 Step 2 $53,208 $4,434 $25.5808 $2,046.46 Step 3 $55,860 $4,655 $26.8558 $2,148.46 Step 4 $58,644 $4,887 $28.1942 $2,255.54 Step 5 $61,584 $5,132 $29.6077 $2,368.62 WarehousepLoup 7630 Warehouse Worker NP G16 Step 1 $45,960 $3,830 $22.0962 $1,767.69 Step 2 $48,252 $4,021 $23.1981 $1,855.85 Step 3 $50,652 $4,221 $24.3519 $1,948.15 Step 4 $53,208 $4,434 $25.5808 $2,046.46 Step 5 $55,860 $4,655 $26.8558 $2,148.46 7620 Warehouse Worker, Lead NE G21 City of Vernon 21 of 22 Classification and Compensation Plan -0 Effective February 2, 2016 class Occupational Job Families and Job Code GRADE Annual Monthly Hourly Pay Period 'Add RavoW deputy CfV Ct&k Pay Pang&Only Step 1 $58,644 $4,887 $28.1942 $2,255.54 Step 2 $61,584 $5,132 $29.6077 $2,368.62 Step 3 $64,656 $5,388 $31.0846 $2,486.77 Step 4 $67,896 $5,658 $32.6423 $2,611.38 Step 5 $71,280 $5,940 $34.2692 $2,741.54 Y 1 $73,704 $6,142 $35.4346 $2,834.77 7625 Warehouse Worker, Senior NE G18 Step 1 $50,652 $4,221 $24.3519 $1,948.15 Step 2 $53,208 $4,434 $25.5808 $2,046.46 Step 3 $55,860 $4,655 $26.8558 $2,148.46 Step 4 $58,644 $4,887 $28.1942 $2,255.54 Step 5 $61,584 $5,132 $29.6077 $2,368.62 Public Works . Water Operations Group 7330 Public Works Foreman E M26 Step 1 $74,856 $6,238 $35.9885 $2,879.08 Step 2 $78,600 $6,550 $37.7885 $3,023.08 Step 3 $82,524 $6,877 $39.6750 $3,174.00 Step 4 $86,652 $7,221 $41.6596 $3,332.77 Step 5 $90,984 $7,582 $43.7423 $3,499.38 7320 Public Works and Water Foreman E M28 Step 1 $82,524 $6,877 $39.6750 $3,174.00 Step 2 $86,652 $7,221 $41.6596 $3,332.77 Step 3 $90,984 $7,582 $43.7423 $3,499.38 Step 4 $95,544 $7,962 $45.9346 $3,674.77 Step 5 $100,320 $8,360 $48.2308 $3,858.46 7310 Public Works and Water Superintendent E M33 Step 1 $105,336 $8,778 $50.6423 $4,051.38 Step 2 $110,592 $9,216 $53.1692 $4,253.54 Step 3 $116,124 $9,677 $55.8288 $4,466.31 Step 4 $121,932 $10,161 $58.6212 $4,689.69 Step 5 $128,028 $10,669 $61.5519 $4,924.15 7130 Public Works Project Coordinator NE G29 Step 1 $86,652 $7,221 $41.6596 $3,332.77 Step 2 $90,984 $7,582 $43.7423 $3,499.38 Step 3 $95,544 $7,962 $45.9346 $3,674.77 Step 4 $100,320 $8,360 $48.2308 $3,858.46 Step 5 $105,336 $8,778 $50.6423 $4,051.38 7132 Public Works Water Project Coordinator NE G29 Step 1 $86,652 $7,221 $41.6596 $3,332.77 Step 2 $90,984 $7,582 $43.7423 $3,499.38 Step 3 $95,544 $7,962 $45.9346 $3,674.77 Step 4 $100,320 $8,360 $48.2308 $3,858.46 City of Vernon 22 of Classification and Compensation Plan r Effective February 2, 2016 CISLSS PAY s ■ ■ a t ■ i Classes IL 5A cc de r s i 77wsed 09"City Ch+ rk Pay Flange Orly Step 5 $105,3,8 $8,T78 $50.6423 $4,051.38 7325 Street and Water Crew Leader NE G24 Step 1 $67,896 $5,658 $32.6423 $2,611.38 Step 2 $71,280 $5,940 $34.2692 $2,741.54 Step 3 $74,856 $6,238 $35.9885 $2,879.08 Step 4 $78,600 $6,550 $37.7885 $3,023.08 Step 5 $82,524 $6,877 $39.6750 $3,174.00 Water . . 7930 Water Maintenance Worker NE G17 Step 1 $48,252 $4,021 $23.1981 $1,855.85 Step 2 $50,652 $4,221 $24.3519 $1,948.15 Step 3 $53,208 $4,434 $25.5808 $2,046.46 Step 4 $55,860 $4,655 $26.8558 $2,148.46 Step 5 $58,644 $4,887 $28.1942 $2,255.54 7925 Water Maintenance Worker, Senior NE GPP Step 1 $61,584 $5,132 $29.6077 $2,368.62 Step 2 $64,656 $5,388 $31.0846 $2,486.77 Step 3 $67,896 $5,658 $32.6423 $2,611.38 Step 4 $71,280 $5,940 $34.2692 $2,741.54 Step 5 $74,856 $6,238 $35.9885 $2,879.08 RECEIVED RECEFIVED JAN 2 1 2016 JAN 2 5 2016 `''*'" CITY ADMINISTRATION CITY CLERK'S OFFICE STAFF REPORT PUBLIC WORKS, WATER AND DEVELOPMENT SERVIC A-6 DATE: February 2,2016 TO: Honorable Mayor and City Council FROM: Scott B. Rigg,Public Works and Water Superintendent RE: Bid Award for Urban Forest Management Services, Contract No. CS- 0607 Recommendation It is recommended that the City Council: A. Find that entering into the proposed contract for Urban Forest Management Services is exempt under the California Environmental Quality Act (CEQA) in accordance with (a) 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) Section 15301, because the proposed service involves an existing project with negligible or no expansion of use; and B. Reject the bid of Trimming Land Company for the reasons set forth in this staff report. C. Accept the bid from West Coast Arborists,Inc., and enter into the attached contract, in an amount not to exceed$258,973.00 for Urban Forest Management Services, Contract No. CS-0607. Background On September 8, 2015, the City Administrator authorized the advertisement of the Notice Inviting Sealed Competitive Bids For Urban Forest Management Services, CS-0607_The Notice Inviting Bids was posted on the City's website and published in the Vernon Sun newspaper. In addition, the Notice Inviting Bids was advertised in the following construction related websites: Bid America, Planroom Bidboard, McGraw-Hill Construction Dodge, and Reid Construction. On November 17, 2015, a pre-bid meeting was held to review the project specifications in detail. The bids for Contract No. CS-0607, Urban Forest Management Services were received and opened on December 3, 2015. The calculated results are listed below: 1. Trimming Land Company $233,755.00 2. West Coast Arborists, Inc. $258,973.00 Staff performed an in-depth review of the received bids and found that Trimming Land Company, Inc. failed to accurately disclose information under Section No. 6, "Bidding; Debarment; Contract Performance"; specific to questions 6.8 and 6.9. Question 6.8 seeks to determine if the proposed contractor had ever had a contract terminated, suspended, or non-renewed before its completion by a government entity. Question 6.9 seeks to determine if the proposed contractor was ever notified or advised of poor, sub-standard, deficient, or non-compliant work by a government entity. The City obtained a City of Commerce City Council Agenda Report, dated September 17, 2013, that notes their intention to terminate their agreement with Trimming Land Company based on unsatisfactory performance. It was deternuned that it would be in the best interest of the City to reject Trimming Land Company's bid and accept West Coast Arborists' bid submittal. The City Attorney's office has approved the contract to form. It is recommended that a contract be awarded to West Coast Arborists, Inc., in a not to exceed amount of $258,973.00 for a three year contract term. Fiscal Impact The total project cost will be $258,973.00 for the duration of the three year contract term. Funds have been allocated in the 2015-2016 fiscal year budget. Attachments 1. Construction Contract-CS-0607 2. City of Commerce Agenda Report STANDARD FORM OF CONSTRUCTION CONTRACT BETWEEN CITY OF VERNON AND WEST COAST ARBORISTS,INC. This Agreement is made and entered into at Vernon, California this 2nd day of February, 2016, by and between the CITY OF VERNON, a chartered municipal corporation (hereinafter "City") and WEST COAST ARBORISTS, INC., a California corporation (hereinafter "Contractor"), for URBAN FOREST MANAGEMENT SERVICES. 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(Notice Inviting Bids), Exhibit C (Bidders Proposal), Exhibit D(Living Wage Provisions), and Exhibit E(Equal Employment Opportunity Practice Provisions); 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: URBAN FOREST MANAGEMENT SERVICES CS-0607 3. TIME FOR PERFORMANCE Contract rime. Contractor shall achieve Substantial Completion of the Work within three(3)years from the Date of Commencement 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 PER DAY($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 Contracto(s full,complete,timely,and faithful performance of the Work required by the Contract Documents,City shall pay Contractor the sum of TWO HUNDRED FIRTY EIGHT THOUSAND NINE HUNDRED SEVENTY THREE DOLLARS AND ZERO CENTS. ($258,973.00), payable as set forth in the General Conditions(Contract Sum' . IN WITNESS WHEREOF,the parties have caused this Contract to be executed the date and year first above written. Executed at VERNON,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 EXHIBIT A GENERAL CONDITIONS ARTICLE 1 - PRELIMINARY PROVISIONS 1.01 DEFINMONS The following words shall have the following meanings: A. Allowance. A line item cost estimate established by the City to be camed 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. Buse Bid. The total sum stated in the Bid Form for which the Bidder offers to perform Work described in the Contract Documents as the base Contract Work(e.g.not designated as part of a Bid Alternate). D. Bid. A complete and properly executed offer by the Bidder on City-prescribed forms to perform the Work for the prices stated in response to the Notice Inviting Bids. E. Bid Alternate. An item of Work described in the Contract Documents as an Alternate Bid that will be added to or deducted from the Base Bid and the Contractor's responsibility only if the City accepts the Bid Alternate. F. Bid Forms: The City-prescribed forms which the Bidder shall complete and use to submit a Bid. The Bid Forms include:(1)Bidder's Proposal;(2)Schedule of Bid Prices;(3) Incumbency Certificate; (4) Bid Bond; (5) Bidder's Statement of Qualifications; (6) Experience Form; (7) Trades Experience Form; (8)Contractor Safety Questionnaire; (9)Designation of Subcontractors; (10)Affidavit of Non- Collusion; (11) Insurance Requirements Affidavit; and (12) forms included in the Specification required by the type of project funding(e.g.federal,ARRA, HUD,etc.). G. Bidder. The individual,partnership,firm,corporation,joint venture or other legal entity submitting a bid on these Contract Documents or any part thereof. H. Bidding Documents. Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of:(1)Notice Inviting Bids; (2) Instructions to Bidders; and (3) Bid Forms. The proposed Contract Documents consist of: (1) the Bidding Requirements; (2) the Construction Contract Between City and Contractor, (3) the Conditions of the Contract(General, Supplementary, and Special, if applicable); (4)all Exhibits to the Contract; (5)the Drawings; (6) the Specifications; (7) all Addenda issued prior to the execution of the Construction ARTICLE t GC-1 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 ifs 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). 0. 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 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. 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 Community Service and Water Department of the City of Vernon or his/her duly appointed representative. V. Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details,schedules,and diagrams. W. Extra Work. New or unforeseen work will be classified as Extra Work when determined by the City that the work is not described in,or reasonably inferable from,the Contract Documents,the work is not covered by any Bid line item or Allowance, and the work causes Contractor to incur additional and unforeseen costs. X. Field Directive.See,Mork 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, not, 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 1 GC-3 DID Modification. A Modification is. (1) a written amendment to Contract signed by both parties; (2) a Change Order; or(3)a Construction Change Directive. EE_ Notice to Proceed. The Notice to Proceed is a document issued by the City fixing the date for Commencement for the Work. FF. Parties. The City and Contractor may be referred to in the Contract Documents from time to time as the Parties. GG. Permit Fees. The actual direct costs paid by Contractor for Governmental Approvals and Utility Fees. HH. Permit Fees Reimbursement. A payment made to the Contractor by the City in addition to the Contract Sum to compensate Contractor for the actual direct cost of all Permit Fees. It. 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 ManuallContract 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. ILL. Site. The physical area designated in the Contract Documents for Contractors 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 (2009 Edition), State of Califomia, 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." Qo. Utility Fees. The fees charged by any public, private,cooperative,municipal and/or govemment line, facility or system used for the carriage, transmission and/or distribution of cable television, electric ART CLE 1 GC-4 power, telephone, water, gas, oil, petroleum, steam, chemicals, sewage, storm water or similar commodity including,but not limited to fees for temporary utilities and refuse hauling. RR. Warranty. Assurance to City by contractor,installer,supplier,manufacturer or other party responsible as warrantor, for the quantity, quality, performance and other representations of a product, system service of the Work. SS. Work. The term "Work" means the construction and other services required by, and reasonably inferable from the Contract Documents,whether completed or partially completed, and includes all other labor,materials,equipment,and services provided or to be provided by the Contractor to fulfill the Contractor's obligations.The Work may constitute the whole or a part of the Project. TT. Work Directive. A Work Directive is a unilateral written order issued by the City directing Contractor to continue performance of the Work or to perform a disputed change in the Work prior to agreement or adjustment, if any, in the Contract Sum,Contract Time,or both. 1.02 REPRESENTATIVES A. The Director shall be the representative of the City and, except as otherwise expressly provided herein,shall make all decisions and interpretations to be made by the City under the provisions of the Contract Documents. B. The Contractor shall at all times be represented on the Work in person or by a duly designated agent. Instructions and information given by the Director to the Contractor`s agent on the Work shall be considered as having been given to the Contractor. 1.03 PERMITS, INSPECTIONS, PLAN CHECKS, AND SIMILAR GOVERNMENTAL APPROVALS AND UTILITIES A. Except as otherwise provided in the Notice Inviting Bids,the Contractor shall apply for,obtain,and pay for all permits including, but not limited to, building or structure permits, plumbing system permits, mechanical system permits, electrical system permits, structural system permits, demolition permits, excavation permits, street use permits, driveway permits, sidewalk, curb, sewer, gutter, crosswalk, paving or other street work grading permits, streettutility use permits, OSHA permits, fire sprinkler permits, fence permits, blasting permits, landscapingfimgation 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. 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. Unless otherwise specified in the Contract Documents, Contractor shall be responsible for payments of all Utility Fees from the Date of Commencement until City's Final Acceptance of the Work. ARTICLE f GC-5 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 Worst,itemized by costs incurred by Contractor and each subcontractor associated with the performance of such Work. Contractor shall not order materials or equipment or proceed with Work covered by an Allowance until the material, equipment, and pricing information for such Work items have been submitted to the City's Project Representative for review and the Contractor has received City's approval to proceed with a Work item covered by an Allowance. D. All expenditures for Allowance Work shall be separately itemized in each Application for Payment. E. To the extent that the cost of Work items covered by an Allowance is less than the Allowance cost estimate established by the City,the Contact Sum shall be reduced by Change Order or Construction Change Directive to reflect the actual cost of the Allowance item. Similarly, to the extent the cost of Work items covered by an Allowance is greater than the Allowance cost estimate,the Contract Sum shall be increased by Change Order or Construction Change Directive to reflect the actual cost of the Allowance item. If Work items covered by an Allowance are not performed or the City deletes such items from the Scope of Work,the Contract Sum shall be reduced by Change Order or Construction Change Directive to deduct the Cost of the unused Allowance item. 1.06 WAIVER A waiver by City of any breach of any term,covenant, or condition contained in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained therein,whether of the same or a different character. 1.07 DATA TO BE FURNISHED BY THE CONTRACTOR The Contractor shall 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 ARTICLE 1 GC-6 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 Directors attention before proceeding with the Work affected by the discrepancy. D. Omissions from the Drawings and/or Specifications shall not relieve the Contractor from the responsibility of furnishing, making, or installing all items required by law or code, or usually furnished,made or installed in a project of the scope and general character indicated by the Drawings and Specifications. E. For convenience,the Drawings and Specifications may be arranged in various trade subparagraphs, but such segregation shall not be considered as limiting the Work of any subcontract or trade. The Contractor shall be solely responsible for all subcontract arrangements of the Work regardless of the location or provision in the Drawings and Specifications. F. The City will furnish free of charge to the Contractor, a maximum of six(6)sets of Contract Drawings and Specifications. The Contractor shall pay for the costs of any additional sets or portions thereof. The Contractor shall be responsible to see that all sets are the same as the up-to-date approved set. 1.10 PRECEDENCE OF CONTRACT DOCUMENTS A. In the event of conflict between any of the Contract Documents, the provisions placing a more stringent requirement on the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials unless otherwise directed by City in writing. In the event none of the Contract Documents place a more stringent requirement or greater burden on the Contractor,the controlling provision shall be that which is found in the document with higher precedence in accordance with the following order of precedence: 1. Governmental Approvals including, but not limited to, permits required for the Work 2. Modifications issued after execution of the Contract (including modifications to Drawings and Specifications) ARTICLE 1 GC-7 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 _ Figures 9. Scaled dimensions C. Within the Specifications,the order of precedence is as follows: t. Change Orders 2. Special Conditions 3. Project Technical Specifications 4. Standard Specifications,if any 5. Applicable Trade Association Specifications 1.11 NOTICE OF CONFLICTS If the Contractor, in the course of the Work,becomes aware of any claimed conflicts, errors or omissions in the Contract Documents or in the City's fieldwork or work of City's separate contractors, the Contractor shall immediately notify the Director in writing. The Director shall promptly review the matter, and if the Director finds a conflict,error or omission,the Director shall determine the corrective actions and advise the Contractor accordingly. If the correction associated with a conflict,error or omission increases or decreases the amount ARTICLE 1 GC-8 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. B. 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 presence all survey stakes and reference points as far as possible. Should any stakes or points be removed or destroyed unnecessarily by any act of the Contractor or his/her employees,they must be reset to the satisfaction of the Director,at the Contractor's expense. B. The Contractor shall inform the Director 48 hours(two Work Days)in advance of the times and places at which he/she intends to Work in order that inspection may be provided, and that necessary measurements for records and payments may be made with minimum inconvenience. ARTICLE 1 GC-9 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 OPERAT10NS1STORAGE 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 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 seances 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 fumished shall be subject to the approval of the Director,and that both Work and materials will meet fully the requirements of the Contract Documents.Any work deemed unacceptable by the Director,whether a cause is determined or not shall be repaired or replaced by Contractor at Contractor's expense. The Contractor shall be responsible for the final product and shall make any quality control,adjustments and corrections necessary to obtain the final product accepted by the City Engineer.The Contractor shall perform process and quality control sampling and testing and exercise management control the work of his/her subcontractors, technicians and workers to ensure that the milling, transporting, recycling, spreading, compaction,and finishing processes conform to these Specifications. The proficiency of testing laboratories and sampling and testing personnel shall be reviewed and approved by the City Engineer prior to providing services to the project.The City Engineer shall have unrestricted access to the laboratory, sampling,testing sites, and all information resulting from mix design and quality control activities. All Quality Control testing results shall be submitted to the City Engineer on a daily basis. 2.04 DEFECTIVE WORK Within the time periods that the City specifies,the Contractor shall correct all deficient, improperly executed,or unsatisfactory Work determined by the City. The Contractor shall remove and shall repair or replace, at his/her own expense any part of the Work that is deficient, improperly executed, or unsatisfactorily executed, even though it has been included in the monthly estimates. If he/she refuses or neglects to remove, repair, or replace such defective Work, prior to the City's acceptance of the Work,it may be replaced by the City at the expense of the Contractor,plus 15%for overhead expenses,and his/her sureties shall be liable therefor. (See Paragraph 2.15 for curing defects after acceptance of the Work.) ARTICLE 2 GC-11 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 andlor replace or correct deficiencies in the Work. In such case, a Change Order or Construction Change Directive shall be issued deducting from payments then or thereafter due to the Contractor the cost of completion,replacement or correction of such deficiencies, including compensation for additional services by the City's project management staff,the Architect, and their respective consultants made necessary by such default, failure to perform, or neglect, plus 15%for City's overhead expenses. If payments then or thereafter due the Contractor are not sufficient to cover such amounts,the Contractor shall pay the difference to the City immediately. This remedy is cumulative. B. The City also has the right,but not the obligation,to self-perform or have outside forces perform portions of the Work previously assigned to Contractor. In such case a Change Order or Construction Change Directive shall be issued, reducing the Contract Sum by the Unit Price(s) applicable to such deleted Work or,in the absence of Unit Prices,an amount that reflects the reasonable cost of performing such deleted Work and the Allowable Mark-Up applicable to such deleted Work. 2.06 COMMUNICATIONS AND NOTICES REGARDING THE WORK A. Notices under the Contract Documents shall be in writing and (a) delivered personally, (b) sent by certified mail, return receipt requested, (c) sent by a recognized ovemight mail or courier service, with delivery receipt requested, or(d) sent by facsimile communication followed by a hard copy and with receipt confirmed by telephone, to the following addresses (or to such other address as may from time to time be specified in writing by such Person): All correspondence with Contractor shall be sent to the following address: Attention: Phone: _ Facsimile: All communications shall be copied to City and shall be delivered to City's Director at the address set forth below,with copies to such additional persons as may be directed by City's Director. City of Vernon Department of Public Works,Water and Development Services 4305 Santa Fe Avenue Vernon, CA 90058 ARTICLE 2 GC-12 Attention: Scott B. Rigg Phone: 323-583-8811 x279 Facsimile: 323-826-1435 E-mail: sdgg@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. Contractors representatives shalt be available at all reasonable times for consultation, and shall be authorized to act on behalf of Contractor in matters concerning the Work. C. Contractor shall copy City on all written correspondence pertaining to the Contract between Contractor and any Person other than Contractor's Subcontractors,consultants and attorneys. D. Notification of Affected Residents/Businesses—The Contractor shall be responsible for distribution of the general information letter of the project to all affected residents and businesses.A project general information letter and sufficient copies thereof will be prepared by City staff for Contractor distribution to all residents,business establishments,and institutions fronting on or directly affected by the project. The Contractor shall be responsible for distribution of said letter in handout form to all the appropriate residences and buildings in the subject area. Distribution shall be accomplished in a manner acceptable to the City Engineer and shall be five(5)working days prior to the beginning of construction operations in the immediate vicinity. In addition to the above,the Contractor shall be fully responsible for such other notifications as may be required related to necessary closures of streets, alleys, driveways,etc.,or to unavoidable access or parking restrictions.These notifications shall apply where the closures and access or parking restrictions required in the performance of any work under this contract preclude any resident, tenant, or property owner from utilizing the premises or conducting business thereon in a reasonable and customary manner. Additional notification to the affected businesses and residents shall be prepared by the City and distributed by the Contractor for roadway and driveway closures five (5) working days in advance of any construction work. No removal or excavation work is allowed until the additional notification has been distributed to the affected residents and businesses. If a Contractor is unable to adhere to his schedule as indicated on his written notification,then all the affected residents and places of business shall be re-notified of the revised schedule, in writing, as indicated above. Contractor costs for all of the above notifications shall be considered as included in the appropriate items of the Bid Proposal. 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 ARTICLE 2 GC-13 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. 2.06 EMERGENCY WORK A. During Worsting 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. .09 SUBCONTRACTORS A. Each subcontract shall contain a reference to the Contract between the City and the principal Contractor,and the terms of the Contract and all parts thereof shall be made part of each subcontract insofar as applicable to the Work covered thereby. If,in the Director's opinion,the Subcontractor fails to comply with the requirements of the principal Contract insofar as the same may be applicable to the Subcontractor's Work,the Director may disqualify the Subcontractor. B. Nothing contained in these Contract Documents shall be construed as creating any contractual relationship between any Subcontractor and the City. C. The Contractor shall be considered the employer of the Subcontractors and shall be fully responsible to the City for the acts and omissions of Subcontractors and of persons employed by them as the Contractor is for the acts and omissions of persons directly employed by him/her. D. The Contractor shall be responsible for the coordination of the trades, Subcontractors, and material suppliers engaged upon the Work. It shall be the Contractor's duty to see that all of his/her Subcontractors commence their Work at the proper time and carry it on with due diligence so that they do not delay or injure either the Work or materials; and that all damage caused by them or their workers is made good at his/her expense. ARTICLE 2 GG14 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 portion(s)designated by the Director. B. The use of any portion(s)by the City shall not be construed as, and will not constitute acceptance in any sense,of any portion(s)of the Work of the Contractor nor will such use trigger the running of any warranty and/or guarantee periods. C. All necessary repairs, renewals,changes,or modifications in the Work or any portion thereof so used, not due to ordinary wear and tear, but due to defective materials or workmanship,the operations of the Contractor,or any other cause,shall be made at the expense of the Contractor. D. The use of any portion(s)by the City shall not relieve the Contractor of any of his/her responsibilities or liabilities under the Contract nor constitute a waiver by the City of any of the conditions thereof. Said use shall not cancel liquidated damages as of the first date of use, or any continuance thereof, nor impair,reduce,or change the amount of liquidated damages. 2.11 COOPERATION WITH OTHER WORK FORCES A. The City reserves the right to perform other Work at or near the site at any time by the use of its own forces or other contractors. B. Other contractors, other utilities and public agencies or their contractors, other City contractors, and City personnel may be working in the vicinity during the project construction period. There may be some interference between these activities and the Work under the Contract Documents. The Contractor shall cooperate and coordinate his/her Work with that of other Work forces to assure timely Contract completion. 2.12 AGREEMENTS WITH PROPERTY OWNERS Agreements with property owners for storing excavated material, storing any other materials,or for any other purpose related to the Work shall be made in writing and a copy submitted to the Director for his/her information. All storage charges shall be at the Contractor's sole expense. 2.13 PROTECTION OF PROPERTY All public and private property, pavement or improvement, shall be safely guarded from damage or loss in connection with this Contract by the Contractor at all times. Should any facility,structure,or property be damaged during operations of the Contractor, he/she shall immediately notify the property owners or authorities. All damages and losses incurred shall be paid by the Contractor. ARTICLE 2 GG15 2.14 CONTRACTOR'S RESPONSIBILMES 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 carved out by the City at the expense of the Contractor. 1. The Contractor shall be responsible for any materials so furnished and for the care of all Work until its completion and final acceptance,and he/she shall at his/her own expense replace damaged or lost materials and repair damaged parts of the Work. 2. The Contractor shall protect City facilities from damage resulting from his/her Work. City facilities damaged by,or as a result of,the Contractor's Work under this Contract shall be repaired or replaced,as directed by the Director,at the Contractor's expense. 3. The Contractor shall remove from the vicinity of the completed Work all buildings,rubbish, unused material,concrete forms,and other materials belonging or used under his/her direction during construction. If Contractor fails to completely remove such items within a reasonable time the City may do so at the Contractor's expense. C. Laws and Regulations 1. The Contractor shall obey all laws, ordinances, and regulations in any manner affecting those engaged or employed on the Work, or the materials used in the Work, or in any way affecting the conduct of the Work,and of all court orders and decrees having any jurisdiction or authority over the same. If any discrepancy or inconsistency should be discovered in this Contract,or in the Drawings or Specifications herein referred to, in relation to any such law, ordinance, regulation, order, or decree, he/she shall immediately report the same in writing to the Director. 2. Contractor shall,at all times,cause all his/her agents and employees to observe and comply with all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may become effective before Final Completion of this Contract. 3. Nothing in the Contract Documents shall be construed to permit Work not conforming to such laws, ordinances, and regulations. If the Contractor ascertains at any time that any requirement of this Contract is at variance with such applicable law requirement, he/she shall immediately notify the Director. 4. If such applicable law requirement was not in effect on the date of submission of bids, any necessary adjustment of the Contract price shall be made as provided in Article 6 herein. If such ARTICLE 2 GC-16 applicable law requirement was in effect on said date of bid submission,no adjustment of Contract price will be considered. 5. The Contractor, at his/her own expense, shall pay all taxes properly assessed against his/her equipment,materials,or property used or required in connection with the Work. 2.15 WARRANTY AND CORRECTIONS A. Warranty 1. Warranty, The Contractor warrants to the City that: (i) materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents; (6)the Work will be of good quality and free from defects; (iii) the Work will conform to the requirements of the Contract Documents; and (iv) Contractor will deliver the Project free of stop notice claims. Work not conforming to these requirements, including substitutions not accepted by the City,will be deemed defective. The Contractor's warranty excludes improper or insufficient maintenance,improper operation,or normal wear and tear and normal usage. If required by the City, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the correction obligation of Paragraph 2.04 herein. 2. Overlap. Where any warranties provided under the Contract Documents overlap,conflict,or are duplicative,Contractor will be bound by the more stringent requirements. 3. Procurement and Assignment of Warranties: Contractor shall obtain in the name of City, or transfer or assign to City or City's designee prior to the time of Final Completion of the Work, any and all warranties or guarantees which Contractor is required to obtain pursuant to the contract Documents and which Contractor obtained from any other person or entity other than Contractor including,but not limited to,Subcontractors and manufacturers,and further agrees to perform the Work in such a manner so as to preserve any and all such warranties. Contractor shall secure written warranties from all Subcontractors. Contractor and its Subcontractors shall offer any warranty upgrades or extensions that are offered by manufacturers of any equipment or system installed in the Work to the City. Contractor shall deliver to City all warranty and guarantee documents and policies. 4. Survival of Warranties: The provisions of this paragraph 2.15 will survive Contractor's completion of the Work or termination of Contractor's performance of the Work. B. Correction of Work 1. Before orAtter Final Completion. The Contractor shall promptly correct Work rejected by the City or City's designee, as failing to conform to the requirements of the Contract Documents, whether discovered before or after Final Completion and whether or not fabricated, installed, or completed. Costs of correcting such rejected Work, including additional testing, inspections, and compensation for the City's services and expenses made necessary thereby,will be at the Contractor's expense within the Contract Price. 2. After Final Completion. (a) In addition to the Contractor's warranty obligations under Paragraph 2.15-A, if, within one(1)year after the date of Final Completion of the Work or within the time period established by any applicable special warranty required by the Contract ARTICLE 2 GC-17 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 portions of the Work which are not in accordance with the requirements of the Contract Documents in a manner acceptable to and as ordered by the Director. No compensation shall be allowed for such removal or replacement. Director shall have authority to cause defective work to be remedied, removed or replaced and to deduct the costs from monies due or to become due to the Contractor. 4. Destruction or Damage. In the event the Contractor destroys or damages any construction of the City or another contractor while correcting or removing Work which is not in accordance with the requirements of these Contract Documents,the Contractor shall bear the cost of repairing or reconstructing that other construction as well. 5. No Lrmrtairon. Nothing contained in Paragraph 2.15-8 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 spec& obligation of the Contractor to correct the Work, and has no relationship to the limitations periods established by statute for any construction defect or other causes of action. 2.16 CLEANING AND ENVIRONMENTAL CONTROLS The Contractor,Subcontractors and employees shall comply with all litter and pollution laws and it shall be the responsibility of the Contractor to ensure compliance.The Contractor shall do all of the following: A. Maintain the Site free of waste materials, debris, and rubbish and in a clean and orderly condition; and Remove waste materials,debris and rubbish from site and dispose off-site legally. B. The Contractor shall maintain at his/her disposal any and all equipment necessary to prevent and remediate any sanitary seweroverflow 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 Contractors ARTICLE 2 GC-18 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 meet all applicable City of Vernon, state and federal clean water laws, rules and regulations including but not limited to all conditions set forth in the Vernon Municipal Code Chapter 21,Article 5 regarding stormwater and urban runoff controls as it relates to public agency activities including, but not limited to storm and/or sanitary sewer system inspection and repair, street sweeping, trash pick-up and disposal, and street and right-of-way construction and repair are required to implement and maintain the activity specific Best Management Practices(BMPs)listed in Table 2-1 below in compliance with the National Pollutant Discharge Elimination System (NPDES) requirements. Contractor shall not discharge any water containing trash, debris, pollutants,fuels, oils, soaps or other non-allowable constituents from its sweeping vehicles upon any city street, to any storm drain or any non-permitted outlet. As part of its submission, contractor shall describe its methods for preventing NPDES violations during sweeping operations within the City. In addition, Contractor shall comply with all NPDES requirements at its maintenance facilities,storage yards and company facilities. Failure to comply with this section may result in termination for cause by the City of any contract resulting from this solicitation. Table 2-1.BMPs for Public Agency Facilities and Activities General and Activity Specific BMPs Scheduling and Plannin r Spill Prevention and Control Sanitary/Septic Waste Management Material Use General BMPs Safer Alternative Products Vehicle/Equipment Cleaning, Fueling and Maintenance Illicit Connection Detection, Reporting and Removal I Illegal Spill Discharge Control Maintenance Facility Housekeeping Practices Flexible Pavement Asphalt Cement Crack and Joint Grinding/Sealing Asphalt Paving ARTICLE 2 GC-t 9 Structural Pavement Failure (Digouts) Pavement Grinding and Paving -Emergency Pothole Repairs Sealing Operations _ Portland Cement Crack and Joint Sealing__ Rigid Pavement Mudiacking and Drilling Concrete Slab and Spall Repair Shoulder Gradin _ Nonlandsca ed Chemical Vegetation Control Nonlandsca ed Mechanical Vegetation Control/Mowing Nonlandscaped Tree and Shrub Pruning,Brush Chipping,Tree and Shrub Slope/Drains/Vegetation Removal Fence Repair Drainage Ditch and Channel Maintenance Drain and Culvert Maintenance Curb and Sidewalk Repair Sweeping Operations Litter/Debris/Graffiti Litter and Debris Removal Emergency Response and Cleanup Practices Graffiti Removal Chemical Vegetation Control Manual Vegetation Control Landscaped Mechanical Vegetation Control/Mowing Landscaping Landscaped Tree and Shrub Pruning, Brash Chipping,Tree and Shrub Removal Irrigation Line Repairs Irrigation(Watering),Potable and Nonpotable Storm Drain Stenciling Roadside Slope Inspection Environmental Roadside Stabilization Storm water Treatm ant Devices Traction Sand Trap Devices Welding and Grinding Sandblasting,Wet Blast with Sand Injection and Hydroblasting Bridges Painting Bridge Repairs Pump Station Cleaning Other Structures Tube and Tunnel Maintenance and Repair Tow Truck Operations Toll Booth Lane Scrubbing Operations ARTICLE 2 GC-20 Electrical Sawcutting for Loop Installation Thermoplastic Striping and Marking Paint Striping and Marking Traffic Guidance Raised/ Recessed Pavement Marker Application and Removal Sign Repair and Maintenance Median Barrier and Guard Rail Repair Emergency Vehicle Energy Attenuation Repair Storm Maintenance Minor Slides and Slipouts Cleanup/Repair Building and Grounds Maintenance Storage of Hazardous Materials(Working Stock) Material Storage Control (Hazardous Waste) Management and Support Outdoor Storage of Raw Materials Vehicle and Equipment Fueling Vehicle and Equipment Cleaning Vehicle and Equipment Maintenance and Repair Aboveground and Underground Tank Leak and Spill Control B. Water Quality Protection Requirements for Construction Projects with Less than One (1) Acre of Disturbed Soil. All construction projects,regardless of size,will be required to implement best management practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) to meet the minimum water quality protection requirements and implement all applicable set of BMPs as defined in Table 2-2. Table 2-2 Minimum Water Quality Protection Requirements and Applicable Set of BMPs for All Construction Projects Category Minimum Requirements BMPs I. Sediment Control Sediments generated on the project site shall be retained Sediment Controls using adequate Treatment Control or Structural BMPs. 2. Non-Stormwater Construction-related materials,wastes,spills or residues Non-Stormwater Management,Waste shall be retained at the project site to avoid discharge to Management and Management and streets,drainage facilities, receiving waters,or adjacent WasteManagement Materials Pollution properties by wind or runoff. Control Non-storm water runoff from equipment and vehicle washing and any other activity small be contained at the project sites. 3. Erosion Control Erosion from slopes and channels shall be controlled by Erosion Controls j 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 I 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.cabmi)handbooks.com}for further information regarding the BMPs listed in Table 2-2. ARTICLE 2 GC•21 All construction projects with Less than One(1)Acre of Disturbed Soil shall submit to the City a signed Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit (Exhibit 5). The Contractor may self-certify that the following training was completed on an annual basis providing they certify they have received all applicable training: • The Contractor shall train all of their employees in targeted positions (whose interactions, jobs,and activities affect stormwater quality)on the requirements of the overall stormwater management program. • When the Work includes the use or have the potential to use pesticides or fertilizers, the Contractor shall train all of their employees(whether or not they normally apply pesticides or fertilizers as part of their work). Training programs shall address: 1) The potential for pesticide-related surface water toxicity 2) Proper use,handling, and disposal of pesticides 3) Least toxic methods of pest prevention and control, including Integrated Pest Management 4) Reduction of pesticide use C. Water Duality Protection Requirements for Construction Projects with One (1) Acre (or greater) of Disturbed Soil. In addition to the minimum BMPs required in Paragraphs A and B, all construction projects where at least one (1) acre of soil will be disturbed, construction activity that results in land surface disturbances of less than one acre if the activity is part of a larger common plan of development, or the sale of one or more acres of disturbed land surface requires a Construction Activities Storm Water General Permit(2009-0009-DWO 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) (ht*jdsmarts.waterboards.ca.aov+'smartsolaces+ wSmartsLogin.jsof. PRDs consist of the Notice of Intent, Risk Assessment, Past-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: h �rwww_swrcb.ca.aovlwarer Lssueslprogramsrstormwaterfconsftdon_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; ARTICLE 2 GC-22 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; B. Non-storm water discharges, their locations, and the BMPs necessary to prevent the discharge; 9. A maintenance and self-inspection schedule of the BMPs to determine the effectiveness and necessary repairs of the BMPs;and 10. A certification statement that all required and selected BMPs will be effectively implemented. Within seven (7)days after the City awards the Contract,the Contractor shall submit seven 7 copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the plan. If revisions are required,the Contractor shall revise and re-submit the document within seven(7) days of its receipt of the City's comments. The City shall then have seven (7)days to consider the revisions made by the Contractor and approve the SWPPP. The Contractor shall maintain a minimum of two (2) readily accessible copies of the SWPPP at the Project site. The SWPPP shall be made available upon request of a representative of the Los Angeles Regional Water Quality Control Board (LARWQCB) or the U.S. Environmental Protection Agency(U.S. EPA). Requests by environmental groups and the public shall be directed to the City. D. Best Management Practices The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect the quality of storm water discharge associated with construction activities. The plan will describe and ensure the implementation of Best Management Practices (BMPs) which will be used to reduce pollutants in the storm water discharges from the construction site. A Best Management Practice is defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution. The Contractor shall select appropriate BMPs from the California Stormwater BMP Handbook, Municipal, Industrial, New Development, and Construction Volumes (www.cabmphandbooks.com] in conjunction with all activities and construction operations. Copies of the California Stormwater BMP Handbooks may be obtained from: California Stormwater Quality Association 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 ARTICLE 2 GG23 and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully deploy these control measures. Throughout the winter season, active soil-disturbed areas of the project site shall be fully protected at the end of each day with these control measures unless fair weather is predicted through the following day. The Contractor shall monitor daily weather forecasts. If precipitation is predicted prior to the end of the following workday, construction scheduling shall be modified, as required, and the Contractor shall deploy functioning control measures prior to the onset of the precipitation. The City may order the suspension of construction operations which are creating water pollution if the Contractor fails to conform to the requirements of this Paragraph 2.17. Unless otherwise directed by the City,the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of the Work. F. Sewage Spill Prevention. The Contractor's attention is directed to the sewer bypass operation required during any sewer construction pursuant to the 2012 edition of the "GreenboolC 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 Public Works,Water and Development Services Fire Department Dispatch Center 323-583-8811 extension 351 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: Scott S. Rigg(323)583-8811 extension 279 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 ARTICLE 2 GC-24 2. The nature and volume 3. The date,time and duration 4. The cause 5. The type of remedial and/or cleanup measures taken and date and time implemented 6. The corrective and preventive action taken,and 7. The water body impacted and results of necessary monitoring °. Enforcement The City is subject to enforcement actions by the tARWOCB, 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. ARTICLE 2 G C-25 2.18 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-26 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 within three years following the Date of Commencement established in the terms and conditions of the contract. By executing the Contract, Contractor confirms that the Contract Time is a reasonable period for performing the Work. 3.02 MY'S DISCRETION TO EXTEND CONTRACT TIME In the event the Work required hereunder is not satisfactorily completed in all parts and in compliance with the Contract Documents,City shall have the right, in its sole discretion,to increase the number of Working Days or not,as may seem best to serve the interest of City. A change order extending the Contract Time only will be issued by the City should the City decide to increase the number of Working Days. 3.03 SUBSTANTIAL COMPLETION A. Contractor Request for Inspection and Punch List When the Contractor considers that it has achieved Substantial Completion of the Work, or designated portion thereof, Contractor shall prepare and submit to the Director a request for inspection and a comprehensive punch list of items to be completed or corrected prior to Final Payment. Failure to include an item on such punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. B. City Inspection Upon receipt of the Contractors 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-27 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. 3,04 DELAYS AND EXTENSIONS OF TIME FOR CONTRACTOR A. The Contractor shall take reasonable precautions to foresee and prevent delays to the Work. In the event of any delay to the Work, the Contractor shall revise his/her sequence of operations, to the extent possible under the terms of the Contract,to offset the delay. B. If any delay to the Work is caused by circumstances within the Contractor's control,it is not excusable and not compensable,and the Contractor will not be entitled to any extension of time or to any other compensation for damages resulting directly or indirectly therefrom. C. If any delay having a direct effect on the Work is caused by circumstances beyond the control of the Contractor except for causes of delay specified in Paragraph 3.04-D.,such delay may be excusable and may entitle the Contractor to an equivalent extension of time,but not to any other compensation. Excusable but not compensable causes include but are not limited to labor disputes, weather conditions unfavorable for prosecution of the Work,and force majeure. D. If any delay having a direct effect on the Work is caused by failure of the City to provide information as specified,or necessary instructions for carrying on the Work,or to provide the necessary right of way or site for installation, or failure of a utility to remove or relocate an existing facility such delay may be compensable and may entitle the Contractor to an equivalent extension of time, and to compensation for damages resulting directly from any of the causes of delay specified in this paragraph. E. The Contractor shall notify the Director in writing of any delay having a direct effect on the Work and the causes thereof within 15 days from the beginning of such delay. F. Any claim for an extension of time or for compensation for damages resulting from delay shall be made in writing to the Director not more than 30 days after the ending of such delay. The Contractor shall provide a written report evaluating the impact of the delay which shall include, at a minimum, all of the following: 1. a narrative description of the delay and its impact on the critical path to Substantial Completion of the Work or a portion of the Work designated by City; 2. a detailed breakdown of the Allowable Costs, if any,sought by Contractor due to the delay; ARTICLE 3 GC-28 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 COMMONS 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-29 be entitled to a one day extension of time whether or not conditions change thereafter and the major portion of the day is suitable for Work. 3.06 COMPLETION AND ACCEPTANCE A. Upon request by the Contractor, the Director shall conduct a final inspection of the Work. If, in the Director's opinion, Final Completion has been achieved,the Director will accept the Work by issuing a "Notice of Completion"of the Work to the Contractor. Upon the issuance of the Notice of Completion the Contractor will be relieved from responsibility to protect the Work. B. Within 15 calendar days after issuing the Notice of Completion,the Director will record the Notice of Completion with the County Recorder. 3.07 LIQUIDATED DAMAGES A. Contractor and City agree to liquidate damages in the amount of FIVE HUNDRED dollars($500.00) per day, with respect to Contractor's failure to achieve Substantial Completion of the Work within the Contract Time. The Parties intend for the liquidated damages set forth herein to apply to this Contract as set forth in Government Code Section 53069.85. The Contractor acknowledges and agrees that the liquidated damages are intended to compensate City solely for the Contractor's failure to meet the deadline for Substantial Completion and shall not excuse Contractor from liability from any other breach,including any failure of the Work to conform to the requirements of the Contract Documents. B. In the event that Contractor fails to achieve Substantial Completion of the Work within the Contract Time, Contractor agrees to pay City the amount specified in the Contract form for each calendar day that Substantial Completion is delayed. C. Contractor and City acknowledge and agree that the foregoing liquidated damages have been set based on an evaluation of damages that the City will incur in the event of late completion of the Work. Contractor and City acknowledge and agree that the amount of such damages are impossible to ascertain as of the effective date hereof and have agreed to such liquidated damages to fix CWs 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-30 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 days work.This schedule shall be updated and submitted to the City every other Monday during the construction period.The Contractor shall give 48 hours nofice to the City Engineer prior to the start of the work. A. Format 1. At a minimum,the Baseline Project Schedule activities shall be coded on a work discipline basis and by geographic area or location on the Project. The Baseline Project Schedule shall include a detailed description of each activity code. The Baseline Project Schedule shall be based on and incorporate contract milestone and completion dates specified in the Contract Documents. It shall depict events,jobs,and their interrelationships and shall recognize the progress that must be made on one task before subsequent tasks can begin. The schedule shall be comprehensive and shall include all logical interdependencies and interactions required to perform the Work of the Project. 2. Overall time of completion and time of completion for each milestone shown on the Schedule shall adhere to the specified Contract Time, unless an earlier (advanced) time of completion is requested by Contractor,agreed to by the City and formalized by Change Order. 3. Contractor shall use the latest version of Microsoft Project or equivalent software agreed to by the parties. 4. The City will review the submitted Baseline Project Schedule for conformance with these scheduling requirements. Within fourteen(14)calendar days after receipt,the City will accept the proposed Baseline Project Schedule or will return it with comments. If the proposed Baseline Project Schedule is accepted by the City, it shall be deemed part of the Contract Documents. If the Baseline Project Schedule is not accepted by City,Contractor shall revise the Baseline Project Schedule, in accordance with the recommendations of the City, and re-submit same for acceptance,no later than seven(7)calendar days after receipt of said recommendation. 5. Acceptance of Baseline Project Schedule by City, failure to include an element of work, or inaccuracy in Baseline Project Schedule shall not relieve Contractor from the responsibility for accomplishing the Work in accordance with the Contract Documents. B. Float 1. Critical Work activities are defined as Work activities which, if delayed or extended,will delay the scheduled completion of the milestones and/or time of completion. All other Work activities are defined as non-critical Work activities and are considered to have float. Float is defined as the time that a non-critical Work activity can be delayed or extended without delaying the scheduled completion of the milestones and/or time of completion. Float is considered a Project resource available to either party or both parties as needed. Once identified, Contractor shall monitor, account for,and maintain float in accordance with Critical Path Methodology. ARTICLE 4 GC-31 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 retumed in less time than allowed by the Contract Documents,approval of substitution requests which result in a savings of time for Contractor,etc.)create shared float. Accordingly,City-caused delays may be offset by City-caused time savings. C. Weather (This section applies only to projects of one(1)year duration or longer) The completion time contemplated by this Contract anticipates five(5) lost days (Work Days) due to normal weather conditions annually and prorated for any duration less than twelve months. Only unusual or extreme weather conditions, as determined by the National Oceanic and Atmospheric Administration,for the time of year will be considered as justification for an extension of time to complete the Project,and only after the five(5)weather days have been utilized. Annual weather days are not cumulative, and unused days shall become "float"for the benefit of the project, and the schedule adjusted accordingly. The use of weather days by the Contractor shall be subject to all the conditions of claim for an extension of time. The Contractor shall notify the City in writing within ten(10)days of the commencement of each rain event. D. Early Completion While the Contractor may schedule completion of the Project earlier than the date established by the Contract Documents, no additional compensation shall become due the Contractor for the use of float time between the Contractor's projected early completion date and the date for Substanfial 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 ARTICLE 4 G C-32 stoppages exceed seven (7)calendar days activities shall be added to the Project Schedule to clearly indicate the work stoppage period and identify forecasted resumption and completion of the activity where work has stopped. Contractor shall clearly note all schedule revisions when Project Schedule updates are submitted,as required in this Paragraph 4.02 above. 4.03 NONCOMPENSABLE EXTRAORDINARY MEASURES A. Should the City determine,in its sole judgment,that the performance of the Work has not progressed to the level of completion required by the Contract Documents, City shall have the right to order the Contractor to take corrective measures to expedite the progress of construction,at no additional cost to the City,including,without limitation,the following: 1. Working additional shifts of overtime. 2. Supplying additional manpower,equipment,and/or facilities. 3. Reschedule activities to maximize practical concurrence of accomplishment of activities. 4. Submitting a Recovery Schedule discussed above,for resequencing performance of the Work or other similar measures. 5. Any other actions that may be necessary to mitigate delays. B. Such Extraordinary Measures shall continue until the progress of the Work is no longerbehind 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 Crty'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-33 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 G C-34 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 Contractors 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-35 forth 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 the Contractor's performance under the Contract and without any penalty being incurred by the City. B. Any such partial deletion or suspension of the Work shall in no way void or invalidate the Contract nor shall it provide Contractor with any basis for seeking payment from City for Work deleted or suspended except to the extent such Work has already been performed and is otherwise compensable under the Contract. C. The City shall have the right to later have any such suspended or deleted Work performed by Contractor or others without any penalty to the City. D. In the event of any partial or complete deletion or suspension of Work,the City shall furnish Contractor with prompt written notice thereof,and the City shall be entitled to take possession of and have as its property all Record Documents, Accounting Records, and other data prepared by Contractor or its Subcontractors. E. Suspension for Convenience. 1. The City may at any time and from time to time,without cause,order the Contractor,in writing,to suspend, delay,or interrupt the Work in whole or in part for such period of time as the City may determine. Such order shall be specifically identified as a"Work Suspension Directive"under this Section. 2. Upon receipt of a Work Suspension Directive,Contractor shall,at the Ci y'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-36 1. Correct conditions unsafe for the Project personnel or general public,or 2. Carry out the Contract;or 3. Cary 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 CRY FOR CONVENIENCE A. Grounds Wdhout limiting any rights which City may have by reason of any default by Contractor hereunder,City may terminate Contractors 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: L 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 ended 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 CC-37 Upon receipt of such payment,the Contractor and City shall have no further obligations to each other except for Contractor's obligations with respect to warranties, representations, indemnity, maintenance of insurance,and other obligations that survive termination or Final Completion as provided for herein. 3. It is understood and agreed that no fee,anticipated profit,compensation for lost opportunity costs, or other compensation or payment of any kind or character shall be due or payable for unperformed Work regardless of the basis of termination and the inclusion of this provision within this subparagraph shall in no way limit its application to termination under this Paragraph. 4. Contractor agrees that each of its subcontracts will reserve for the Contractor the same right of termination for convenience provided by this Paragraph 5.Q4. 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 G C-38 ARTICLE 6-CHANGES 6.01 CITY'S RIGHT TO ORDER CHANGES The City, without invalidating the Contract, may authorize changes in the Work consisting of additions, deletions, or other revisions, with the Contract Sum and Contract Time being adjusted accordingly, if necessary. All such changes in the Work shall be authorized by Change Order or Construction Change Directive and Contractor shall perform such changes in the Work according to the applicable requirements of the Contract Documents. 6.02 APPLICABLE PROVISIONS Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly and diligently with the change, unless otherwise provided in the Change Order or Construction Change Directive. It is of the essence to this Contract that all scope changes in the Work that form the basis of an adjustment of the Contract Sum or Contract Time must be authorized in advance in writing through either a Change Order or Construction Change Directive. A change in the Contract Sum or the Contract Time shall be accomplished only by Change Order or Construction Change Directive. Accordingly, no verbal directions, course of conduct or dealings between the Parties, express or implied acceptance of alterations or additions to the Work,or claim that the Contract has been abandoned or the City has been unjustly enriched by any alteration or addition to the Work shall be the basis of any claim for an increase in any amounts due under the Contract Documents or a change in any time period provided in the Contract Documents. 6.03 NOTICE OF SCOPE CHANGE Contractor shall submit written notice of any change in scope to the Director if, in the Contractor's opinion, any instruction, request, Drawings, Specifications, action, condition, omission, default, or other situation occurs that the Contractor believes constitutes a scope change or other matter resulting in Extra Work, for which Contractor believes it is entitled to an adjustment of the Contract Sum or Contract Time. Such notice shall be provided prior to performance of the Work affected by such occurrence and within seven(7)calendar days after the discovery date of the circumstances of such scope change or other matters. The written notice shall state the date, circumstances, extent of adjustment to the Contact Sum or the Contract Time, if any, requested. The mere presentation of such notice shall not establish the existence of any right by Contractor to adjustment of the Contract Sum or Contract Time. Failure to provide such timely written notice described herein shall constitute a waiver by Contractor of the right to any adjustment to the Contract Sum or Contract Time on account thereof. 6.04 CHANGE ORDERS A. Computation Methods used in determining adjustments to the Contract Sum by Change Order may include those listed in Paragraph 6.06 below. B. Accord and Satisfaction Agreement on any Change Order shall be a full compromise and settlement of all adjustments to Contract Time and Contract Sum, and compensation for any and all delay, extended or additional field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment ARTICLE 6 GC-39 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; (4) that such written Change Orders are the exclusive method for effectuating any change to the Contract Sum and/or Contract Time. 6.05 CONSTRUCTION CHANGE DIRECTIVE(FIELD DIRECTIVE) A. A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. The City may by Construction Change Directive,without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions,deletion, or other revisions,the Contract Sum and Contract Time being adjusted accordingly. B. If the Construction Change Directive provides for an adjustment to the Contract Sum,the adjustment shall be calculated in accordance with Paragraph 6.06 herein (Pricing Changes in the Work). C. Upon receipt of the Construction Change Directive,the Contractor shall promptly proceed with the change in the Work involved and advise the City of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive, for determining the proposed adjustment in the Contract Sum or Contract Time. D. If Contractor believes a Construction Change Directive constitutes a basis for adjustment to the Contract Sum or Contract Time, then Contractor shall give a Notice of Scope Change provided in Paragraph 6.03, followed by a submission of a Change Order Request as required by Paragraph 6.08. Contractor shall,if requested by City in such Construction Change Directive or in a subsequent Construction Change Directive, proceed with the performance of the Work as described in the Construction Change Directive. Failure of Contractor to proceed with the performance of Work, as described in the Construction Change Directive shall give the City the right to carry out the Work,as set forth in Paragraph 2.05. E. A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. F. If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the City on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in the case of an increase in the Contract Sum, Allowable Mark-Ups in accordance with Paragraph 6.06(E) herein. ARTICLE 6 GC-40 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 Mark-Ups on such Allowable Costs. 4. Deletion of Work. By Unit Prices contained in Contractor's original Bid and incorporated in the Contract Documents,or by using the Schedule of Values to determine the value of the decrease of the Contract Sum, less the value of any Work performed, plus a reasonable percentage of the decrease for the Contractor's saved overhead unless the Schedule of Values allocates general conditions costs to individual line items, in which case no percentage of the decrease shall be added. When a change consists of both addition and deletion of Work,the added costs and deleted costs shall be calculated separately, and then added together, resulting in the net cost for the change. The Allowable Mark-Up shall be applied to this net cost. B. Contractor Maintenance of Daily Records for Changes 1. In the event that Contractor is directed to perform any Extra Work, or should Contractor encounter conditions which the Contractor believes would obligate the City to adjust the Contract Sum and/or the Contract Time, Contractor shall maintain detailed records of the cost of such changes on a daily basis summarized in a daily report supplemented by back-up records. Such records shall include without limitation: a. Labor. At the close of each day on which such Extra Work is performed, Contractor shall submit an Extra Work labor report,on forms provided by Director,to Director that sets forth a list of the actual hours spent in performing the Extra Work, that clearly differentiates between the labor expended on the Extra Work and other Work,and the Allowable Costs for such Extra Work performed that day showing the names of workers,their classifications, hours worked and hourly rates. b. Materials, Equipment. A list of Allowable Costs of materials and equipment consumed in the performance of the Extra Work on the day on which such Extra Work is performed, together with copies of applicable delivery tickets and unit prices for all materials and for all equipment used the type of equipment, identification number, ARTICLE 6 GC-41 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-42 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. 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 it 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 GC-43 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. AJI 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. ARTICLE 6 GC-44 E. Allowable Mark-Up 1. Extra Work by contractor(Markups:The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: Labor 33% Materials 15% Equipment Rental 15% Other Items and Expenditures 15% 2. Extra Work by Subcontractor(Markup):When all or any part of the extra work is performed by a Subcontractor, the markup provided for the Contractor in 6.06.E.1 shall apply to the Subcontractor's actual costs. A markup of 5% on the subcontracted portion of each extra work may be added for the Contractor. F. Net Allowable Costs If anyone scope change involves both Extra Work and deleted work in the same portion of the Work and the additive allowable costs exceed the deductive allowable costs, the Allowable Markups on 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 tern (10)calendar days after City issues the request.The Contractors change order proposal shall include an analysis of impacts to cost and time, if any, to perform additional work, change Work or delete Work,as applicable,including the effects and impacts,if any,on unchanged Work,estimates of costs (broken down by the cost categories listed in this Paragraph),and Contractor's proposed methods to minimize costs,delay,and disruption to the performance of the Work. If Contractor fails to submit a written change order proposal within such period of time,it shall be presumed that the change described in the City's original proposal request will not result in an increase to the Contract Sum or Contract Time and the change shall be performed by Contractor without additional compensation to Contractor. City's request for itemized change order proposal request does not authorize the Contractor to commence performance of the change. If City desires that the proposed change be performed,the Work shall be authorized according to the Change Order or Construction Change Directive procedures set forth herein. 6.08 CONTRACTOR ORIGINATED CHANGE ORDER REQUEST(COR) If the Contractor believes that instructions issued by the City after the effective date of the Contract will result in changes to the Contract Sum or Contract Time or if the Contractor otherwise becomes aware of the need for or desirability of a change in the Work, Contractor may submit a written Change Order Request("COR") to the City in writing, in a format acceptable to City and in accordance with the notice provisions and other requirements of Article 7 below for Claims.The COR must specify the reasons for the proposed change,cost impacts and relevant circumstances and impacts on the Construction Schedule. The document shall be complete in its description of the Work, its material and labor quantities and detail, and must support and justify the costs and credits claimed by the Contractor. A Critical Path Method schedule Fragnet is required to support and justify any additional time of performance requested by the Contractor.The City will not review any COR which is incomplete. The Contractor may request additional compensation and/or time through a COR but not for instances that occurred more than ten(10)calendar days prior to the notice date.Contractor's failure to initiate a COR within this ten-day period or to provide detailed back-up documentation to substantiate the COR within thirty(30)calendar days of the initial written notice shall be deemed a waiver of the right to adjustment of the Contract Sum or the Contract Time for the alleged change.Any COR that is ARTICLE 6 G C-45 approved by the City shall be incorporated in a Change Order or Construction Change Directive. If the COR is denied but the Contractor believes that it does have merit,the Contractor shall proceed with the disputed Work and may submit a Claim in accordance with the procedures set forth herein. 6.09 ISSUANCE OF WORK DIRECTIVE(UNILATERAL). In the event of a dispute as to whether or not Extra Work is required,City shall have the right to unilaterally issue a Work Directive;Contractor shall continue performance of disputed Work pending resolution and shall maintain and submit to City all accounting and cost data necessary to substantiate Contractor's cost of such disputed Work. [END OF ARTICLE] ARTICLE 6 GC-46 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. E_ 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-47 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 a)pediting the progress payment procedure, Contractor shall meet with the Director on or before the twentieth (20th) day of each month to review the 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 Contractors 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 Contractors 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-48 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 Contractors 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 G C-49 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. }. 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 retumed 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 7.04-8,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 7.04-13,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.Conditions to Final Payment ARTICLE 7 GC-50 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. B. 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-51 C. 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 Contractors 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. D. 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. WithholdinglDuty 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 Worts 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-52 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 Subcontractors 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. Violation of Applicable Laws. Failure of Contractor or its Subcontractors to comply with applicable laws or lawful orders of governmental authorities; ARTICLE 7 GC-53 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-54 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 SECURMES 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: t. 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-55 C. Deposit of Retentions Alternatively, subject to the conditions set forth in Paragraph 7.04-A above, upon request of Contractor, City shall make payment of retentions directly to Escrow Agent at the expense of Contractor,provided that Contractor, City and Escrow Agent shall,as a prerequisite such payment, enter into an escrow agreement in the same form as prescribed in Part 4 of Paragraph A,above. At the expense of Contractor and at no cost to City, Contractor may direct the investment of the payments into securities and interest bearing accounts, and Contractor shall receive the interest earned on the investments. Escrow Agent shall hold such direct payments by City under the same terms provided herein for securities deposited by Contractor. Upon satisfactory Final Completion of the Work,Contractor shall receive from Escrow Agent all securities, interest and payments received by Escrow Agent from City, less escrow fees and charges of the Escrow Account, according to the terms of Public Contract Code Section 22300 and the Contract Documents. D. Time for Election of Substitution of Securities Notwithstanding the provision of 7.04 A, B, and C above and California Public Contract Code Section 22300,the failure of Contractor to request the Substitution of eligible securities for monies to be withheld by City within ten (10)days of the award of Contract to Contractor shall be deemed to be a waiver of all such rights. 7.10 CLAIMS A. Arising of Claim. 1. Scope Change. When Contractor has a claim for an increase in the Contract Sum or Contract Time due to a scope change which has not yet become final,a claim"will be deemed to arise once the Director has issued a decision denying, in whole or in part, the Contractor's Change Order Request. 2. Other Claims. In the case of a Claim by Contractor that does not involve an adjustment to the Contract Sum or Contract Time due to a scope change and which has not become final, the Claim may be asserted if, and only if, Contractor gives written notice to City of intent to file the Claim within three (3) days of the date of discovery relative to such circumstances (even if Contractor has not yet been damaged or delayed). Such written notice of intent to file a Claim shall be valid if,and only if,it identifies the event or condition giving rise to the Claim, states its probable effect,if any with respect to Contractor's entitlement to an adjustment of the Contract Sum or Contract Time and complies with the requirements of Paragraph 7.11-B, below. For purposes of this Paragraph 7.11,a Claim for which such written notice is required and has been given by Contractor shall be deemed to arise on the date that such written notice is received by City. B. Content of Claim A Claim by Contractor must include all of the following: 1. A statement that it is a Claim and a request for a decision on the Claim; 2. A detailed description of the act, error, omission, unforeseen condition, event or other circumstance giving rise to the Claim. ARTICLE 7 GC-56 3. If the Claim involves an adjustment to the Contract Sum or Contract Time due to a change in scope, a statement demonstrating that all requisite notices were provided, including, without limitation, timely written notice and a Change Order Request as required by Article 6 of these General Conditions and timely notice of delay and request for extension of time in accordance with Article 3.If the Claim does not involve an adjustment to the Contract Sum or Contract Time due to a change in scope,a statement demonstrating that a notice of intent to file the Claim was timely submitted as required by Paragraph 7.10-A.2,above; 4. A detailed justification for any remedy or relief sought by the Claim including without limitation, a detailed cost breakdown in the form' required for submittal of Change Order Requests and actual job cost records demonstrating that the costs have been incurred; 5_ If the Claim involves a request for adjustment of the Contract Time, written documentation demonstrating that Contractor has complied with the requirements of the Contract Documents and written substantiation (including,without limitation,a Time Impact Analysis)demonstrating that Contractor is entitled to an extension of time under the Contract Documents;and 6. A written certification signed by a managing officer of Contractor's organization, who has the authority to sign contracts and purchase orders on behalf of Contractor and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certification, in the following form: "I hereby certify under penalty of perjury that I am a managing officer of(Contractor's name)and that I have reviewed the Claim presented herewith on Contractor's behalf and/or on behalf of (Subcontractor's name)and that,to the best of my knowledge after conducting a diligent inquiry into the facts of the Claim,the following statements are true and correct: The facts alleged in or that form the basis for the Claim are, to the best of my knowledge following diligent inquiry,true and accurate;and, (a) I do not know of any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim materially misleading;and, (b) I have, with respect to any request for money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records(including those maintained by Contractor and by any Subcontractor, of any tier, that is asserting all or any portion of the Claim) and confirmed with reasonable certainty that the losses or damages suffered by Contractor and/or such Subcontractor were in fact suffered in the amounts and for the reasons alleged in the Claim;and, (c) I have, with respect to any request for extension of time or claim of delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules(including those maintained by Contractor and the Subcontractor,of any tier,that is asserting all or any portion of the Claim)and confirmed on an event-by-event basis that the delays or disruption suffered by Contractor and/or such Subcontractor were in fact experienced for the durations, in the manner, and with the consequent effects on the time and/or sequence of performance of the Work, as alleged in the Claim; and, ARTICLE 7 GC-57 (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 Contractors 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-58 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 Perfonnance/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] ARTME 7 GC-59 ARTICLE 8-MATERIALS AND EQUIPMENT B.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 fumished 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$0 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 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 CVs 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 cfassification 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_Q7 INSPECTION All materials furnished and work done under this Contract will be subject to rigid inspection.The Contractor shall furnish,without extra charge,the necessary test pieces and samples,including facilities and labor for obtaining them,as requested by the Director.The Director, or his/her authorized agent or agents,at all times shall have access to all parts of the shop and the works where such materials under his/her inspection is being manufactured or the work performed. Work or material that does not conform to the Specifications, although accepted through oversight,may be rejected at any stage of the Work. Whenever the Contractor is permitted or directed to do night work or to vary the period during which work is carried on each day, he/she shall give the Director due notice, so that inspection may be provided. Such work shall be done under regulations to be furnished in writing by the Director. 8.G8 INFRINGEMENT OF PATENTS The Contractor shall hold and save the City, its officers, agents, servants, and employees harmless from and against all and every demand or demands,of any nature or kind,for or on account of the use of any patented invention, process, equipment, article, or appliance employed in the execution of the Work or included in the materials or supplies agreed to be furnished under this Contract, and should the Contractor, his/her agents, ARTICLE 8 GC-61 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 9 GC$2 ARTICLE 9—SUBMITTALS 9.01 GENERAL A. The Contractor shall submit samples,drawings,and data for the Director's approval which demonstrate fully that the construction, and the materials and equipment to be furnished will comply with the provisions and intent of the Drawings and Specifications. B. Specific items to be covered by the submittals shall include,as a minimum,the following- 1. For structures, submit all shop, setting, equipment, miscellaneous iron and reinforcement drawings and schedules necessary. 2. For conduits, submit a detailed layout of the conduit with details of bends and fabricated specials and fumish any other details necessary.Show location of shop and field welds. 3. For equipment which requires electrical service,submit detailed information to show power supply requirements, wiring diagrams, control and protection schematics, shop test data, operation and maintenance procedures, outline drawings, and manufacturer's recommendation of the interfacefinteriock 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-63 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 W_idth 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 SUBSTRUTIONS 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-64 2. Neatly typewritten index near the front of the manual,furnishing immediate information as to location in the manual of all emergency data regarding the installation. 3. Complete instructions regarding operation and maintenance of all equipment involved. 4. Complete nomenclature of all replaceable parts, their part numbers, current cost,and name and address of nearest vendor of parts. 5. Copy of all guarantees and warranties issued. 6. Copy of drawings with all data concerning changes made during construction. B. Where contents of manuals include manufacturers' catalog pages, clearly indicate the precise items included in this installation and delete,or otherwise clearly indicate,all manufacturers`data with which this installation is not concerned. 9.09 AS-BUILT DRAWINGS A. When required to be submitted covering items included in this Work,the Contractor shall deliver to the City one complete set of final As-Built hard copy drawings together with a set of AutoCAD drawing files in electronic format showing completed building,"as-built"for City records before the Contract will be accepted by the City. B. The drawings shall be duplicates and at the same size and dimensional scale as the originals. They shall be on a polyester translucent base material with a minimum sheet thickness of.003 inch(.08mm). C. The legibility and contrast of each drawing submitted to the City shall be such that every line,number, letter,and character is clearly readable in a full size blow back from a 35 mm microfilm negative of the drawing. 9.10 SUBMITTALS OUANTITIES 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 submiteer, plus name and telephone number of the individual who may be contacted for further information. B. Name of project as it appears in the Contract Documents and Specification No. C. Drawing number and Specifications section number other than this section to which the submittal applies. D. Whether this is an original submittal or re-submittal. E. For samples,indicate the source of the sample. ARTICLE 9 GC-65 9.12 SCHEDULE OF SUBMITTALS A. Submit initial schedule of submittals within five(5)Working Days after the Issuance Date on Notice to Proceed. B. Submit revised schedule of submittals within five (5) Working Days after date of request from the Director. C. The Director will review schedule of submittals and will notify Contractor that schedule is acceptable or not acceptable within five(5)Working Days after receipt. 9.13 COORDINATION OF SUBMITTALS A. Prior to submittal for the Director's review, use all means necessary to fully coordinate all material, including the following procedures: 1. Determine and verify all field dimensions and conditions,materials,catalog numbers,and similar data. 2. Coordinate as required with all trades and with all public agencies involved. 3. Secure all necessary approvals from public agencies and others and signify by stamp, or other means,that they have been secured. 4. Clearly indicate all deviations from the Specifications. B. Unless otherwise specifically permitted by the Director, make all submittals in groups containing all associated items;the Director may reject partial submittals as not complying with the provisions of the Specifications. 9.14 TIMING FOR SUBMITTALS A. Make all submittals far enough in advance of scheduled dates of installation to provide all required time for reviews, for securing necessary approvals, for possible revision and re-submittal, and for placing orders and securing delivery. B. In scheduling,allow at least 15 Working Days for the Director's review,plus the transit time to and from the City office. C. Manuals shall be submitted prior to performing functional tests. 9.15 APPROVAL BY CITY A. Up to three (3) copies of each submittal, except manuals, schedule of costs for progress payments, and as-built drawings will be returned to the Contractor marked "No Exceptions Taken," "Make Corrections Noted-Do Not Resubmit,"or"Make Corrections Noted-Resubmit."Manuals,schedule of costs,and as-built drawings will be returned for re-submittal if incomplete or unacceptable. B. Submittals marked"Approved as Noted"need not be resubmitted,but the Rotes shall be followed. C. If submittal is returned for correction,it will be marked to indicate what is unsatisfactory. ARTICLE 9 GC-66 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-67 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 furnish and maintain sanitary facilities by the worksites for the entire construction period. C. Protection of the Public.The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life,loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Director, a condition exists which the Contractor has not taken sufficient precaution of public safety,protection of utilities and/or protection of adjacent structures or property, the Director will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the Director,or in the event of an emergency situation,the Director may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the Director, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be bome by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor. 10.02 PROTECTION FROM HAZARDS A, Trench Excavation Excavation for any trench four(4)feet or more in depth shall not begin until the Contractor has received approval from the Director of the Contractor's detailed plan for worker protection from the hazards of caving ground during the excavation of such trench. Such plan shall show the details of the design of shoring, bracing,sloping or other provisions to be made for worker protection during such excavation. No such plan shall allow the use of shoring,sloping or protective system less effective than that required by the Construction Safety Orders of the Division of Occupational Safety and Health, and if such plan varies from the shoring system standards established by the Construction Safety Orders,the plan shall be prepared and signed by an engineer who is registered as a Civil or Structural Director in the State of California. B. Confined Spaces Contractor shall comply with all of the provisions of General Industry Safety Orders of the California Code of Regulations. Entry of a confined space shall not be allowed until the Contractor has received approval from the Director of the Contractor's program for confined space entry. Confined space means a space that (1) Is large enough and so configured that an employee can bodily enter and perform assigned Work; and (2) Has limited or restricted means for entry or exit(for example,tanks, vessels, silos,storage bins,hoppers,vaults,and pits are spaces that may have limited means of entry);and(3) ARTICLE 10 GC-68 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 Industrial Relations, pursuant to Labor Code Section 6382. Failure to submit an MSDS for any hazardous substance may result in actions as provided in Article 5,"Suspension or Termination of Contract". 10.03 DIFFERING SITE CONDITIONS A. Differing Site Conditions Defined. The Contractor shall promptly, and before such conditions are disturbed, notify the Director in writing of any Differing Site Conditions. Differing Site Conditions are those conditions,located at the project site or in existing improvements and not otherwise ascertainable by Contractor through the exercise of due diligence in the performance of its inspection obligations in the Contract Documents, encountered by Contractor in digging trenches or other excavations(s) that extend deeper than tour 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 11, 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. Chan- a 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 afterthe 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. ARMLE 10 GC-69 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. 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 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-70 10.05 TRAFFIC CONTROL DEVICES A. Traffic signs, flashing lights, barricades and other traffic safety devices used to control traffic shall conform to the requirements of the WATCH handbook or the manual of traffic control, whichever is more stringent,and as approved by the City Traffic and Transportation Administrator. 1. Portable signals shall not be used unless permission is given in writing by the agency having jurisdiction. 2. Warning signs used for nighttime conditions shall be reflectorized or illuminated. °Reflectorized signs" shall have a reflectorized background and shall conform to the current State of California Department of Transportation specification for reflective sheeting on highway signs. B. If the Contractor fails to provide and install any of the signs or traffic control devices required herby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. 10.06 EXECUTION A- The Contractor shall provide written notification to the Police Department,Traffic Bureau at 4305 Santa Fe Avenue, Vernon, CA 90058, 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 dosed 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)583-8811 extension 351 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__d_aily 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) 583-8811 extension 351 and the Contractor shall provide the information required to identify which roadways would have accessibility problems due to his/her operations. The Contractor shall submit to Fire Department schedule of Work for their use and files. D. Roads subject to interference from the Work covered by this Contract shall be kept open, and the fences subject to interference shall be kept up by the Contractor until the Work is finished. Except where public roads have been approved for closure, traffic shall be permitted to pass through designated traffic lanes with as little inconvenience and delay as possible. E. Where alternating one-way traffic has been authorized,the maximum time that traffic will be delayed shall be posted at each end of the one-way traffic section. The maximum delay time shall be approved by the agency having jurisdiction. F. Contractor shall install temporary traffic markings where required to direct the flow of traffic and shall maintain the traffic markings for the duration of need. Contractor shall remove the markings by abrasive blasting when no longer required. ARTICLE 10 G C-71 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 Vemon 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-72 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("lndemnitees" from and against any and all demands, liability, loss, suit, claim, action, cause of action, damage, cost, judgment, settlement,decree,arbitration award,stop notice,penalty,loss of revenue, and expense(including any fees of accountants,attorneys,experts or other professionals,and costs of investigation,mediation,arbitration,litigation and appeal),in law or in equity,of every kind and nature whatsoever,arising out of or in connection with,resulting from or related to,or claimed to be arising out of the Work performed by Contractor,or any of its officers,agents, employees,Subcontractors,Sub-Subcontractors,design consultants or any person for whose acts any of them may be liable, regardless of whether such claim,suit or demand is caused, or alleged to be caused,in part, by an Indemnitee,including but not limited to: A. Bodily injury,emotional injury,sickness or disease,or death to any persons; B. Infringement of any patent rights, licenses, copyrights or intellectual property which may be brought against the Contractor or City arising out of Contractor's Work,for which the Contractor is responsible; C. Stop notices and claims for labor performed or materials used or furnished to be used in the Work, including all incidental or consequential damages resulting to City from such stop notices and claims; D. Failure of Contractor or its Subcontractors to comply with the provisions for insurance; E. Failure to comply with any Governmental Approval or similar authorization or order, F. Misrepresentation,misstatement,or omission with respect to any statement made in or any document furnished by the Contractor in connection therewith; G. Breach of any duty,obligation,or requirement under the Contract Documents; H. Failure to provide notice to any Party as required under the Contract Documents; I. Failure to protect the property of any utility provider or adjacent property owner;or J. Failure to make payment of all employee benefits. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees, except that, to the limited extent mandated by Caiifomia 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-73 or under the Contract Documents. In the event of any claim,suit or demand made against any Indemnitees,the City may in its sole discretion reserve, retain or apply any monies due to the Contractor under the Contract for the purpose of resolving such claims;provided,however,that the City may release such funds K the Contractor provides the City with reasonable assurance of protection of the City's interests. The City shall in its sole discretion determine whether such assurances are reasonable. 11.03 NO LIMITATIONS Contractor's indemnification and defense obligations set forth in this Articie 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-74 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 CONDMONS 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-75 ARTICLE U—BONDS 13.01 REQUIRED BONDS A. Contractor shall fumish 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 (101/6) 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 Califomia 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 Califomia admitted surety insurer with the minimum A.M Best Company Financial strength rating of "A: VII", or better. Bonds issued by a Califomia 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 Califomia, all copies of the bonds must be countersigned by a Califomia 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 attomey. 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 ADDMONAL 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-76 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. Citys 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-T7 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 Clive written notice to the Director so that proper inspection may be provided. 'Night"as used in this paragraph shall be deemed to include the hours from 7:00 P.M.to 7:00 A.M. of the next succeeding day. 14.02 COST OF OVERTIME CONSTRUCTION SERVICES AND INSPECTIONS A. Overtime construction Work performed at the option of, or for the convenience of,the Contractor will be inspected by the City at the expense of the Contractor. For any such overtime beyond the regular 8-hour day and for any time worked on Saturday, Sunday,or holidays the charges will be determined by the City,and submitted to the Contractor for payment. B. Equipment,materials,or services provided by the City,in connection with Contractor-initiated overtime construction Work described in Paragraph 14.02(A),will also be at the expense of the Contractor. The charges will be determined by the City,and submitted to the Contractor for payment. C. There will be no charges to the Contractor for the inspection of overtime Work ordered by the Director or required by the Contract Documents. 14.03 COMPLIANCE WITH STATE LABOR CODE A. Contractor shall comply with the provisions of the Labor Code of the State of California and any amendments thereof. 1. The time of service of any worker employed upon the Work shall be limited and restricted to eight (8)hours during any one-calendar day,and 40 hours during any one-calendar week. 2. Work performed by employees of the Contractor in excess of eight(8)hours per day,and 40 hours during any one calendar week, shall be permitted upon compensation for all hours worked in excess of eight(8)hours per day at not less than one and one-half times the basic rate of pay. 3. The Contractor and every Subcontractor shall keep an accurate record showing the name of and the actual hours worked each calendar day and each calendar week by each worker employed by him/her in connection with the Work;the record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Standards Enforcement of the State of California. 4. In the event City deems Contractor is in violation of this Paragraph 14.03,the Contractor shall,as ARTICLE 14 GC-78 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_diccagov/DLSRI 'AU. 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•79 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. Failing to comply with the provisions of California Labor Code Section 1777.5 may result in the loss of the right to bid on all public works projects for a period of one to three years and the imposition of a civil penalty of Fifty Thousand Dollars ($50,000) for each calendar day of noncompliance. Contractor should make a separate copy of this material for each of his/her Subcontractors. C. Payroll Records. The Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number,work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman apprentice, worker or other employee employed in connection with the work. The payroll records shall be certified and shall be submitted to the Project Manager every two weeks. D. Statement of Employer Fringe Benefit Payments.Within five(5)calendar days of signing the Contract or Subcontract, as applicable,the Statement of Employer Payments (DLSE Form PW 26 from the State Department of Industrial Relations)shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, ARTICLE 14 G C-80 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 oremployees,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-81 ARTICLE 15-DISPUTE RESOLUTION 15.01 SUBMISSION OF CLAIMS A. By Contractor Contractor's right to commence the Claims Dispute Resolution Process shall arise upon the Director's written response denying all or part of a Claim. Contractor shall submit a written Statement of Dispute to the Director within seven (7) Days after the Director rejects all or a portion of Contractor's Claim. Contractor's Statement of Dispute shall be signed under penalty of perjury and shall state with specificity the events or circumstances giving rise to the Claim,the dates of their occurrence and the effect,if any,on the compensation due or performance obligations of Contractor under the Construction Contract. Such Statement of Dispute shall include adequate supporting data to substantiate the disputed Claim. Adequate supporting data for a Claim relating to the adjustment of the Contractor's obligations relative to time of performance shall include a detailed, event-by-event description of the impact of each delay on Contractors 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 CVs 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-82 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 aftersuch 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•83 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 Citys 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] ARTfCLE 16 GC-84 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. 13. 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 famished for the Work or portions thereof provided by Contractor or Subcontractors,all taxes arising out of its operations under the Contract Documents and all benefits, insurance, taxes and contributions for social security and unemployment insurance which are measured by wages, salaries or other remuneration paid to Contractor's employees. If under federal excise tax law any transaction hereunder constitutes a sale on which a federal excise tax is imposed and the sale is exempt from such excise tax because it is a sale to meat for its exclusive use, then City,upon request,will execute documents necessary to show that is a political subdivision of the State for the purposes of such exemption and that the sale is for the exclusive use of the City, in which case no excise tax for such materials shall be included in the Bid or Contract Sum. C. Notice of Violations Contractor shall immediately notify the City and Director in writing of any instruction received from the City, Director,Architect or other person or entity that, 4 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,the Contractor and Subcontractors are granted a limited, non-exclusive license, revocable at will of City, to ARTICLE 17 GC-85 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. Docurents on Site Contractor shall keep on the Project site,at all times and for use by City,Director, Inspectors of Record and City's Consultants,a complete set of the Contract Documents that have been approved by applicable Governmental Authorities. C. Delivery to City All Design Documents, Contract Documents and Submittals in the possession of Contractor or Subcontractors shall be returned to the City upon the earlier of Final Completion or termination of the Construction Contract; provided, however, that Contractor and each Subcontractor shall have the right to retain one (1) copy of the Contract Documents and Submittals for its permanent records D. Subcontractors Contractor shall take all necessary steps to assure that a provision is included in all subcontracts with Subcontractors,of every tier,who perform Work on the Project establishing, protecting and preserving the,City's rights set forth in this Paragraph. 17.03 AMENDMENTS The Contract Documents may be amended only by a written instrument duly executed by the parties or their respective successors or assigns. 17.04 WAIVER Either party's waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of the Contract Documents at any time shall not in any way limit or waive that party's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision,any course of dealing or custom of the trade notwithstanding. Furthermore, if the parties make and implement any interpretation of the Contract Documents without documenting such interpretation by an instrument in writing signed by both parties, such interpretation and implementation thereof will not be binding in the event of any future disputes. 17.05 INDEPENDENT CONTRACTOR Contractor is an independent contractor,and nothing contained in the Contract Documents shall be construed as constituting any relationship with City other than that of Project owner and independent contractor. In no event shall the relationship between City and Contractor be construed as creating any relationship whatsoever between City and Contractor's employees. Neither Contractor nor any of its employees is or shall be deemed to be an employee of City_ Except as otherwise specified in the Contract Documents, Contractor has sole authority and responsibility to employ, discharge and otherwise control its employees and has complete and sole responsibility as a principal for its agents, for all Subcontractors and for all other Persons that Contractor or any Subcontractor hires to perform or assist in performing the Work. 17.06 SUCCESSORS AND ASSIGNS The Contract Documents shall be binding upon and inure to the benefit of City and Contractor and their permitted successors,assigns and legal representatives. ARTICLE 17 GC-86 A. City may assign all or part of its right,title and interest in and to any Contract Documents, including rights with respect to the Payment and Performance Bonds, to (a) any other governmental person as permitted by governmental rules, provided that the successor or assignee has assumed all of City's obligations, duties and liabilities under the Contract Document then in effect; and (b) any other Person with the prior written approval of Contractor. B. Contractor may collaterally assign its rights to receive payment under the Contract Documents. Contractor may not delegate any of its duties hereunder, except to Subcontractors as expressly otherwise permitted in the Contract Documents.Contractor's assignment or delegation of any of its Work under the Contract Documents shall be ineffective to relieve Contractor of its responsibility for the Work assigned or delegated, unless City,in its sole discretion,has approved such relief from responsibility. Any assignment of money shall be subject to all proper set-offs and withholdings in favor of City and to all deductions provided for in the Contract.All money withheld,whether assigned or not,shall be subject to being used by City for completion of the Work,should Contractor be in default. C. Except for the limited circumstances set forth in Paragraph 17.06-B,above,Contractor may not,without the prior written consent of City in its sole discretion,voluntarily or involuntarily assign, convey, transfer, pledge, mortgage or otherwise encumber its rights or interests under the Contract Documents. No partner, joint venturer, member or shareholder of Contractor may assign, convey, transfer, pledge, mortgage or otherwise encumber its ownership interest in Contractor without the prior written consent of City, in City's sole discretion. 17.07 SURVIVAL Contractor's representations and warranties, the dispute resolution provisions contained in Article 15, and all other provisions which by their inherent character should survive termination of the Contract and/or Final Acceptance, shall survive the termination of the Contract and the Final Acceptance Date. 17.08 LIMITATION ON THIRD PARTY BENEFICIARIES It is not intended by any of the provisions of the Contract Documents to create any third party beneficiary hereunder or to authorize anyone not a party hereto to maintain a suit for personal injury or property damage pursuant to the terms or provisions hereof, except to the extent that specific provisions (such as the warranty and indemnity provisions) identify third parties and state that they are entitled to benefits hereunder. The duties, obligations and responsibilities of the parties to the Contract Documents with respect to such third parties shall remain as imposed by law.The Contract Documents shall not be construed to create a contractual relationship of any kind between City and a Subcontractor or any other Person except Contractor. 17.09 PERSONAL LIABILITY OF CITY EMPLOYEES City's authorized representatives are acting solely as agents and representatives of City when carrying out the provisions of or exercising the power or authority granted to them under the Contract. They shall not be liable either personally or as employees of City for actions in their ordinary course of employment. No agent, consultant, Council member, officer or authorized employee of City, shall be personally responsible for any liability arising under the Contract. ARTICLE 17 GC-87 17.10 NO ESTOPPEL City shall not,nor shall any officer thereof,be precluded or estopped by any measurement,estimate or certificate made or given by the City representative or other officer, agent, or employee of City under any provisions of the Contract from at any time(either before or after the final completion and acceptance of the Work and payment therefor) pursuant to any such measurement, estimate or certificate showing the true and correct amount and character of the work done, and materials furnished by Contractor or any person under the Contract or from showing at any time that any such measurement,estimate or certificate is untrue and incorrect,or improperly made in any particular,or that the work and materials, or any part thereof, do not in fact conform to the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, City shall not be precluded or estopped from recovering from Contractor and its Sureties such damages as City may sustain by reason of Contractor's failure to comply or to have complied with the Contract Documents. 17.11 GOVERNING LAW The laws of the State of California govern the construction and interpretation of the Contract Documents, without regard to conflict of law principles. Unless the Contract Documents provide otherwise, any reference to laws, ordinances, rules, or regulations include their later amendment, modifications,and successor legislation. If Contractor or City brings a lawsuit to enforce or interpret one or more provisions of the Contract Documents,jurisdiction is in the Superior Court of the County of Los Angeles,California,or where otherwise appropriate,in the United States District Court,Central District of California. Contractor and City acknowledge that the Contract Documents were negotiated, entered into, and executed—and the Work was performed--�n 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) d necessary or desirable, apply to the court or other decision maker(as applicable) which declared such invalidity for an interpretation of the invalidated portion to guide the negotiations. The invalidity or unenforceability of any such clause, provision, section, paragraph or part shall not affect the validity or enforceability of the balance of the Contract, which shall be construed and enforced as if the Contract did not contain such invalid or unenforceable clause, provision,section,paragraph or part. 17.14 HEADINGS The captions of the sections of the Contract are for convenience only and shall not be deemed part of the Contract or considered in construing the Contract. ARTICLE 17 GC-88 17.15 ENTIRE AGREEMENT The Contract Documents contain the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements,understandings,statements, representations and negotiations between the parties with respect to its subject matter. 17.16 COUNTERPARTS This instrument may be executed in two or more counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. [END OF ARTICLE] ARTICLE 17 GC-89 EXHIBIT 1 Bond No.: Premium Amount:$ Bond's Effective Date: PERFORMANCE BOND RECITALS: t. 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: No. 0607 in Vemon,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 if by this reference. OBLIGATION: THEREFORE,for value received,We,Principal and (Name,address,and telephone of Surety) ('Surety's, a duly admitted surety insurer under California's laws,agree as follows: By this Bond,We jointly and severally obligate and bind ourselves,and our respective heirs,executors,administrators, successors,and assigns to pay City the penal sum of Dollars($ )("the Bonded Sum' ,this amount comprising not less than the total Contract Sum,in lawful money of the United States of America_ The California Licensed Resident Agent for Surety is: (Name,address,and telephone) Registered Agent's California Department of Insurance License No. THE CONDITION OF THIS BOND'S OBLIGATION IS THAT,if Principal promptly and faithfully performs the undertakings, terms, covenants, conditions, and agreements in the Contract and Contract Documents (including all their amendments and supplements),all within the time and in the manner that those documents specify,then this obligation becomes null and void. Otherwise,this Bond remains in full force and effect,and the following terms and conditions apply to this Bond: 1. This Bond specifically guarantees Principal's performance of each obligation and all obligations under the Contract and Contract Documents, as they may be amended and supplemented—including,but not limited to, Principal's liability for liquidated damages,Warranties,Guarantees, Correction,and Maintenance obligations as specified in the Contract and Contract Documents except that Surety's total obligation,as described here,will not exceed the Bonded Sum. 2. For those obligations of Principal that survive Final Completion of the Work described in the Contract and Contract Documents,the guarantees in this Bond also survive Final Completion of the Work. 3. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly: (a)remedy the default; (b)complete the Project according to the Contract Documents'terms and conditions then in effect;or(c)using a procurement methodology approved by City,select a contractor or contractors--acceptable to City—to complete all of the Work,and arrange for a contract between the contractor(s)and City. Surety shall make available, as the Work progresses,sufficient funds to pay the cost of completion less the balance of the Contract Sum, EXHIBIT 1 -PERFORMANCE BOND-1 of 3 and to pay and perform all obligations of Principal under the Contract and Contract Documents—including other costs and damages for which Surety is liable under this Bond—except that Surety's total obligation,as described here,will not exceed the Bonded Sum. 4. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract Documents,or the nature of the Work performed under the Contract or Contract Documents—including,without limitation, an extension of time for performance—does not,in any way,affect Surety's obligations under this Bond. Surety waives any notice of alteration,modification,change,addition,deletion,omission,agreement,supplement,or extension of time. 5. Surety's obligadons 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 aftomeys'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 Odw Documents: Address for Serving Notices or Other Documents: i CORPORATE SEAL CORPORATE SEAL I ■ THIS BOND MUST BE EXECUTED IN TMPLICATE. ■ EMEWE MUST BEATTACHEDOIF THE AUTHORI]YOF ANY P8rcm ISIGNfNGASATTORNEY-IN-FACT. ■ THE ATT0RNEY-&FACrS SIGMA TURE MUST BE NOTARIZED . ■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRMPAL,OR THE SURETY,OR BOTH, AREA CORPORATIOR APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By— By Director of Public Works,Water and Development Services City Attorney EXHIBIT 1 -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 i EXHIBIT f -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: Specification No. in Vernon,CA. 2. Principal is required under California Civil Code Sections 3247-3248 and the terms of the Contract—and all contract documents referenced in it ('Contract Documentsj—to fumish a bond guaranteeing Principal's paying claims, demands,liens,or suits for any work,labor,services,materials,or equipment furnished or used in the Work. 3. The Contract and Contract Documents,including all their amendments and supplements,are incorporated into this Bond and made a part of it by this reference. OBLIGATION: THEREFORE,for value received,We,Principal and (Name,address,and telephone of Surety) ("Surety"), a duly admitted surety insurer under California's laws,agree as follows: By this Bond,We jointly and severally obligate and bind ourselves,and our respective heirs,executors,administrators, successors,and assigns to pay City the penal sum of Dollars($ )("the Bonded Sum' ,this amount comprising not less than the total Contract Sum,in lawful money of the United States of America. The California Licensed Resident Agent for Surety is: (Name,address,and telephone) _. Registered Agent's Calfomia Department of Insurance License No. THE CONDITION OF THIS BOND'S OBLIGATION IS THAT, 4 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 Unemploti(ment 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 aver 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 Califomia Civil Code Section 3267,or any successor legislation,applies. 2. An alteration,modification,change,addition,deletion,omission,agreement,or supplement to the Contract,Contract Documents, or the nature of the Work performed under the Contract or Contract Documents—including, without EXHIBIT 2-PAYMENT BOND-1 of 3 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 worn,labor,services,materials,or equipment fumished 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 attomeys'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 Natices or Other Documents: CORPORATE SEAL CORPORATE SEAL I i ■ THIS BOND MUST BE EXECUTED IN TRMPLMCATE ■ EVIDEWEMUSTBEATrACHEDOFTHEAUINORIIYOFANYPERSONSIGI1NIfGASATTORNEY49FACT. ■ THE ATTORNEY4*FACrSSIGNATURE MUST BENOTAR2ED. ■ A CORPORATE SEAL MLISTBE MMPRESSED ON TJJS FORM WHEN THE PRhCIPAL,OR THE SURETY,OR BOTH, AREA CORPORATMOAL APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By Director of Public Works,Water and 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 t�-eretc 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 I EXHIBIT 2•PAYMENT BOND-3 of 3 EXHIBIT 3 Bond No.: Premium Amount:$ Bond's Effective Date: MAINTENANCE BOND RECITALS: 1. The City of Vemon,California("City'},has awarded to (Name,address,and telephone of Contractor) ("Principal"), a Contract(the"Contract")for the Work described as follows: Specification No. in Vernon,CA. 2_ Principal is required under the terms of the Contract— and all contract documents referenced in it ("Contract Documents")—after completion of the Work and before the filing and recordation of a Notice of Completion for the Work,to furnish a bond to secure claims for Maintenance equal to ten percent(10%)of the total amount of the Contract Which shall hold good for a period of one (1) year from the date the Co'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's, 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 Cai'rfomia 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 Cdys Notice of Completion and Acceptance, or equivalent,is filed with the County Recorder,ordinary wear and tear and unusual abuse or neglect excepted with respect to such Work and labor,the Surety herein shall pay for the same,in an amount not exceeding the sum specified in this Bond. 1 When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly remedy the default using a procurement methodology approved by City. select a contractor or contractors— acceptable to City to complete all of the Work,and arrange for a contract between the contractor(s)and City. Surety shall make available sufficient funds to pay the cost of repair or replacement of any and all Work and to pay and perform all obligations of Principal ender 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-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 Contractor 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 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. 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 representatives)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 Oder Documents: Address for Serving Notices or Of m Doc:umw ts: CORPORATE SEAL CORPORATE SEAL ■ TM BOND MUST BE EXECUTED IN nWPJICATE • EWDENCE MUST HEATTACHEDOF THE AUTHIORITYOF ANY PERSON SIGNNGASATTOMVEY41MACT. • THE ATTORNEY41V-FACTS SOU TURE MUST BENOTARar-D. • A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL,OR THE SURETY, OR BOTH,ARE A CORPORATIOU APPROVED AS TO SURETY&AMOUNT OF BONDED SUM: APPROVED AS TO FORM: By By Director of Pubiic Works,Water and Deueloprnent 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 2� 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 attomey 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 44 INSURANCE REQUIREMENTS 1.0 REOUIRED 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/Employees Liability Insurance shall provide workers'compensation statutory benefits as required by law. 1. Employees 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'I(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,nor-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['%,C,Ul coverages as applicable); (b) Independent Contractor's Protective; (c) Independent Contractors; EXHOT 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),9 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($1.000,0001 per occurrence for property damage;or (c) ONE MILLION DOLLARS($1,000,000)combined single limit. 0. Contractors Pollution Liability Insurance(CPL) 1. Contractor or Subcontractor shall obtain,pay for,and maintain for the duration of the Contract Contractors Pollution Liability insurance that provides coverage for liability caused by pollution conditions arising out of the operations of the Contractor. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using Subcontractors,the policy must include work performed "by or on behalf of the insured. 2. The policy limit shall provide coverage of no less than one million dollars($1,000,000)per claim and in the aggregate. Coverage shall apply to bodily injury;property damage, Including loss of use of damaged property or of property that has not been physically inured; cleanup costs;and costs of defense,including costs and expenses incurred in the investigation,defense,or settlement of claims. EXHIBIT 4-INSURANCE REWREMENTS-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 Insurance 1. Builder's Risk Insurance covering all real and personal property for"all risks"of loss or "comprehensive perils"coverage including but not limited to the perils of earth movement including earthquake and flood for all buildings,structures,fixtures, materials,supplies, machinery and equipment to be used in or incidental to the construction at the site,off site, or in transit,for the full replacement value of such properties. Coverage shall be included for property of others in the care,custody or control of the insured for which any insured may be liable. The City will purchase a builder's risk policy for the Project instead of a contractor purchased policy. Bidder should not include cost for this coverage in his/her bid. 2.0 GENERAL REQUIREMENTS--ALL POLICIES A. Qualifications of Insurer. At all times during the term of this Contract,Contractor's insurance company must meet all of the following requirements: 1. "Admitted"insurer by the State of California Department of Insurance or be listed on the California Department of Insurance's"List of Surplus Line Insurers*("LESLI"); 2. Domiciled within,and organized under the laws of,a State of the United States;and 3. Carry an A.M. Best&Company minimum rating of"A:VII". B. Continuation Coverage. For insurance coverages that are required to remain in force after the Final Payment,and if reasonably available,Contractor shall submit to City,with the final Application for Payment,all certificates and additional insured endorsements evidencing the continuation of such coverage. C. Deductibles or Self-Insured Retentions. All deductibles or self-insured retentions are subject to City's review and approval,in its sole discretion. D. Commercial General Liability and Business Automobile insurance policies must be written on an "occurrence"basis and must add the City of Vernon and its officers,agents,employees and representatives as additional insureds. E. Contractor's Insurance Primary. Other insurance(whether primary,excess,contingent or self- insurance, or any other basis)available to City,or its representatives,or both, is excess over Contractor's insurance. City's insurance,or self-insurance, or both,will not contribute with Contractor's insurance policy. F. Waiver of Subrogation. Contractor and Contractor's insurance company waive—and shall not exercise—any right of recovery or subrogation that Contractor or the insurer may have against City, or its representatives,or both. EXHIBIT 4-INSURANCE REQUIREMENTS-3 016 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-4 016 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 carder(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 Cqs 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 Vemon, 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 Attomey 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 SECTION 1 NOTICE INVITING BIDS For Urban Forest Management Services in the City of Vernon, California Bids are to be signed and submitted in TRIPLICATE. ONE ORIGINAL AND TWO COPIES of sealed bids must be received prior to 2:00 p.m., on December 3, 2015, by the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, (`Bid Deadline"). All bids shall be enclosed in sealed envelopes, distinctly marked"Bid"with the title of the bid and the bidder's name address appearing on the outside. Mail sufficiently early or deliver in person before 2:00 p.m.on the day listed in the Notice Inviting Bids. Bids must be received in the City Clerk's Office before that time. At the bid opening,the City Clerk shall open bid packages and acknowledge the receipt of Bids. Once all bid packages are opened and announced,the Bid Forms will be made available For public review. NO LATE BIDS WILL BE ACCEPTED The bids shall be clearly titled. Copies of the Bid Documents, Plans and Specifications are available at no charge at the Public Works, Water and Development Services Counter, City of Vernon, 4305 Santa Fe Avenue, Vernon, between 7 a.m. and 5:30 p.m., Monday through Thursday. A non-refundable fee of $20.00 will be charged if mailing is requested by calling (323)583-8811. A non-mandatory pre-bid meeting to answer any questions regarding the project plans and specifications is scheduled for November 17, 2015 at 10:00 a.m. in the Department of Public Works, Water and Development Services, 4305 Santa Fe Avenue, Vernon, California. This meeting is to answer any questions regarding the project plans and specifications. City of Vernon Contact Person: Scott B. Rigg Phone: (323) 583-8811 x279 Facsimile: (323)826-1435 Email: sdgg@ci.vemon.ca.us 1 Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bidder fails to meet the essential requirements for qualification. General Scope of Work: Contractor shall furnish labor, materials,equipment, services, and specialized skills to perform work involved in the Project. The City has approximately 1,044 trees that comprise its Urban Forest. The scope of work includes the pruning, removal, and replacement,of trees within the City of Vemon's(City) Urban Forest. The Contractor shall prune the entire inventory of Indian Laurel trees an annual basis. Grid No. 2 shall be pruned in year's 1 & 3. Grid No. 1 shall be pruned in year 2. Moreover, the scope of work includes the pruning all trees located on City Government Facilities, City Owned Housing (front and back yards), and City Owned Apartments on an annual basis. The City's inventory of trees is reflected in Section No. 2, Page BF No. 7.The City reserves the right to make changes or modifications to the pruning cycles at its discretion. The addresses of the above-mentioned facilities are reflected below: Government Facilities_ Vernon City Hall: 4305 Santa Fe Avenue Public Works Building: 4305 Santa Fe Avenue Gas and Electric Building: 4990 Seville Avenue Petrelli Electric Building: 2323 East Vernon Avenue Fire Station No. 2 4301 Santa Fe Avenue City Owned Housing Fruitland Avenue: 3345 through 3365 Vernon Avenue: 3550 through 3560 Furlong Place: 4321 through 4330 City Owned Apartments 50th Street: 3376 through 3390 The work shall be done in accordance with the Pruning Standards for the Western Chapter ISA and project specifications, and the °Greenbook° Standard Specifications for Public Works Construction (2015 Edition), including all supplements thereto issued prior to bid opening date. Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the essential requirements for qualification. As part of the Bidder's Statement of Qualifications, each Bid must establish that: Bidder satisfactorily completed at least five (5) prevailing wage public contracts in California; each comparable in scope and scale to this Project, within five(5)years prior to the Bid Deadline and with a dollar value in excess of the Bid submitted for this Project. 2 Other Bidding Information: 1. Contract Length: three (3)years 2. Amount of Liquidated Damages: $500.00 per calendar day 3. Bidding Documents. Bids must be made on the Proposal Form contained herein. 4. Acceptance or Rejection of Bids. The City reserves the right to reject any and all bids,to award all or any individual part/item of the bid, and to waive any informalities, irregularities or technical defects in such bids and determine the lowest responsible bidder, whichever may be in the best interests of the City. No late bids will be accepted, nor will any oral,facsimile or electronic bids be accepted by the City. 5. Contractor's License. At the time of the Bid Deadline and at all times during performance of the Work, including full completion of all corrective work during the Correction Period, Contractor must possess a California contractor's license or licenses,current and active, of the classification required for the Work, in accordance with the provisions of Chapter 9, Division 3, Section 7000 et seq. of the Business and Professions Code. In compliance with Public Contract Code Section 3300, the City has determined that the Bidder must possess the fallowing license(s): D49 Tree Service License. The Bidder will not receive a Contract award if at the time of submitting the bid,the Bidder is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active. If the City discovers at the time of the Bid Deadline that Contractor is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active,the City may reject the Bid, cancel the award, declare the Bid Bond as forfeited, keep the Bid Bond's proceeds, and exercise any one or more of the remedies in the Contract Documents in addition to those provided by law. 6. Subcontractors' Licenses and Listing. Bidders must list each Subcontractor whom the Bidder must disclose under Public Contract Code Section 4104(Subcontractor Listing Law), and the Bidder must provide all of the Subcontractor information that Section 4104 requires(name, address, license number, and portion of the Work). An inadvertent error in the license number wit[ not be considered nonresponsive if it is corrected within 24 hours after the bid opening. In addition, the City requires the Bidder to list the dollar value of each Subcontractor's labor or services. The City reserves the right to review and disqualify any proposed Subcontractor. The City's disqualification of a Subcontractor does not disqualify a Bidder. In such case, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a property licensed and qualified Subcontractor without an adjustment of the Bid Amount. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor's license must be current and active for the portion of the Work listed and shall hold all specialty certifications required for such Work. 7. Permits, Inspections: Plan Checks. Govemmental Approvals. Utility Fees and Similar Authorizations. All fees for City of Vernon permits shall be waived. $. Bid Forms and Securit : Each Bid must be made on the Bid Forms obtainable at the Department of Public Works, Water and Development Service. Each Bid shall be accompanied by a cashier's check or certified check drawn on a solvent bank, payable to"City of Vernon,"for an amount equal to five percent (5%)of the total maximum amount of the Bid. Alternatively, a satisfactory corporate surety Bid Bond for an amount equal to five percent(5%) of the total maximum amount of the Bid may accompany the Bid. Said security shall serve as a guarantee that the successful Bidder will, within fifteen(15)calendar days after the date of the award of the contract, enter into a valid contract with the City for said Work in accordance with the Contract Documents. 9. Bid Irrevocabili . Bids shall remain open and valid for ninety(90)calendar days after the Bid 3 Deadline. 10. Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of securities for withheld funds is permitted in accordance therewith. 11. Prevailing Wages. This Project is a"public work"as defined in California Labor Code Section 1720. Contractor awarded this Contract and all Subcontractors of any tier shall not pay less than the minimum prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Work. The Director of Industrial Relations of the State of California, pursuant to the California Labor Code, and the rates determined by the California Director of Industrial Relations are available online at www.dir.ca.-gov/DLSR/PWDI. 12. Payroll Records. Pursuant to SS 854, Contractor and any Subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner(aka Division of Labor Standards Enforcement). 13. Annual Fee to the Department of Industrial Relatons(DIR). Pursuant to Labor Code 1725.5, Contractor and any Subcontractors who bid or work on this project with the City must register and pay an annual fee to the DIR. This project is subject to compliance monitoring and enforcement by the DIR. Mark Whitworth City Administrator Dated: (Authorized by City Attorney) Published: 4 City of Vernon Instructions for Bidders Project: URBAN FOREST MANAGEMENT SERVICES For the Department OF PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES City personnel with whom prospective bidders will deal with are: Scott B. Rigg, Department of Public Works, Water and Development Services, 4305 Santa Fe Avenue, Vernon, CA 90058(323)583-8811 Ext. 279. Bid opening date and time: December 3 2015 'Bid Deadliine' at 2:00 p.m. Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058 The bid must be received by the City Clerk prior to the time set for bid opening. A bid received by the City Clerk after the time set for the bid opening is a non-responsive bid and shall not be considered. GENERAL BID REQUIREMENTS To be considered, a bidder must strictly follow the format for bids in the specifications. Bids must be binding and firm.Any bids may be withdrawn before bid opening, but bids shall remain open and valid for ninety(90) calendar days after the Bid Deadline. 1. CONTRACTORS LICENSE The Bidder must possess a valid State of California Contractors License in the classification(s) specified in the Notice Inviting Bids at the time of the Bid Deadline and at all times during the performance of the Work,except as otherwise provided in California Business and Professions Code Section 7028.15. 2. INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND ADDENDA A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of any part of the Bidding Documents, or who finds discrepancies, errors or omissions therein or who finds variances in any of the Bidding Documents with applicable law, such Bidder shall at once submit a written request for an interpretation or correction thereof to the City's representative identified in the Notice Inviting Bids, or other designated individual. All Bidders shall submit such written requests to City not less than ten (10)calendar days prior to the Bid Deadline. The person or entity submitting the request shall be responsible for its prompt delivery to City's Contact Person identified in the Notice Inviting Bids. Any interpretation or correction will be made only by Addendum issued by the City and a copy of such Addendum wilt be delivered to all Interested Bidders of record. Any Addenda 5 so issued must be acknowledged in the Bid and the cost of performing Work described in the Addenda shall be included in the Bid. Bidders failure to acknowledge receipt of all Addenda may result in rejection of the Bid as nonresponsive. No person is authorized to render an oral interpretation or correction of any Bidding Documents and no Bidder may rely on any such oral interpretation or correction issued by the City. The City shall not be responsible for any other explanation or interpretation of the Drawings or Specifications, or for any oral instructions. City reserves the right to extend the Bid Deadline by issuing an Addendum to Interested Bidders no later than 72 hours prior to the Bid Deadline. Bidders shall use complete sets of Bidding Documents in preparing Bids; City shall not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. B. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued and the Bidder shall acknowledge their receipt in the Bid. 3. OBTAINING DRAWINGS AND DOCUMENTS Bidder may secure Bidding Documents only from the location specified in the Notice Inviting Bids. City will maintain a list of persons who obtained a copy of these Specifications ("Interested Bidders"). Only Interested Bidders will receive Addenda, if so issued. 4. BID FORMS-SUBMITTAL A. The Bids shall be made on the forms provided herein with ail blank spaces properly filled in. B. The phraseology shall not be changed, and no additions shall be made to the items mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions attached to a Bid will render it informal and may cause its rejection. All forms requiring specific information shall be completed with all applicable information for a Bid to be considered responsive. C. Include all Bid Forms, properly executed, and intact on forms provided. Enclose the Bid Forms in a sealed envelope; type or print on the envelope "BIDS for" followed by the title and Specification Number and the date and time of the Bid Deadline, and the Bidder's name and address. The envelope may be mailed, hand delivered, or delivered by courier or package delivery service. D. One Original Bid and two copies shall be hand delivered, delivered by courier or package delivery service to the City Clerk, City of Vernon,4305 Santa Fe Avenue,Vernon,CA 90058. E Bids received after the Bid Deadline or at any place other than the Office of the City Clerk will not be considered. 5. BID FORMS-AUTHORIZED SIGNATURES A. The full name, business address, zip code, and business telephone number, with area code of the individual, partnership, joint venture, or corporation submitting the Bid shall be 6 typewritten or legibly printed on the Bid Forms. The Bidder shall sign the form with his/her usual wet ink signature. B. Sole Proprietorship: An individual shall sign. C. Partnership (General or Limited): A partner shall sign for a partnership; the partner shall give the names and addresses of all partners. D. Corporation: An officer shall sign for a corporation. The corporate name must be attested by the corporate seal. The names and titles of the president and all officers of the corporation who are authorized to sign the Bid Forms must be listed in an authenticated Incumbency Certificate signed by the corporate secretary. A signature other than a corporate officer's will be accepted only if an authenticated Incumbency Certificate is attached. E. Joint Venture: Bidders shall use the appropriate section(s) listed above in B-D, based on their applicable situation. BID FORMS—SCHEDULE OF BID PRICES A. The Bidder shall include in his/her Bid price(s) any and all expense or costs that may be necessary to complete the project in accordance with the requirements of the Contract. The cost of all mobilization, preparatory work and operations for the multiple movements of personnel,equipment,supplies,and incidentals to the various project sites must be included in the various bid items, and no extra compensation will be paid to Contractor. B. The Bidder shall state for each item on the Schedule of Bid Prices form, in clearly legible figures, the Base Bid, the alternates, and the unit price and item total or lump sum, as the case may be, for which he/she proposes to supply labor, materials, and equipment and to perform the Work. Bids must not contain any erasures, intedineations, strike-throughs or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure or correction the initials of the person(s)signing the Bid. If any Bid, or portion thereof, is determined by the City to be illegible, ambiguous or inconsistent, City may reject such a Bid as being non-responsive. C. In the case of a unit price item, the amount set forth, as the item total shall be the product of the estimated quantity times the unit price Bid. In the event of a discrepancy between the unit price Bid and the item total, the unit price shall prevail; however, if the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Where so indicated by the makeup of the Bid Form,sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. D. All requested Alternates, if any, shall be Bid. See the Schedule of Bid Prices for more information and the list of Bid Alternates, if any. If no change in the Base Bid is required, enter"No Change." 7. BID SECURITY A. Each Bid shall be accompanied by cash or a cashier's check or a certified check, drawn on a responsible bank doing business in the United States payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as a principal and a California admitted surety company (as defined by California Code of Civil Procedure§§995.120 and 995.311) as surety("Bid Security"). B. All bonds must be issued by a California admitted surety insurer with the minimum AM Best Company Financial strength rating of"A:VII"or better. Bonds issued by a Califomia admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. C. Bid Security shall be in an amount not less than 5% of the Base Bid. Any Bid submitted without Bid Security will be rejected as non-responsive. The Bid Security shall be given as a guarantee that the successful Bidder will execute the Contract and will provide the insurance, bonds and other required forms within fourteen(14)calendar days after award of the Contract. Bidders will be entitled to return of Bid Security except when a successful Bidder forfeits its Bid Security. A forfeit may occur, for example, if the successful Bidder withdraws its Bid prior to the expiration of ninety (90) calendar days after award of the Contract; attempts to withdraw its Bid when the requirements of Public Contract Code § 5101 et seq.are not met;or refuses or fails to execute the Contract and provide the required bonds, insurance or certificates within fourteen (14) calendar days after award of the Contract. In any one or more of these events, if City awards the Contract for the Work to the next lowest responsible Bidder, the amount of the original lowest Bidder's security shall be applied to the Contract Price differential between the lowest Bid and the second lowest Bid. Any surplus will be returned to the original lowest Bidder. If the City rejects all other Bids presented and re-advertises,the lowest Bidders Bid Security may be used to offset the City's cost of re-advertising and receiving new Bids. In that case, the surplus if any, will be returned to the original lowest Bidder. D. The Bid Security shall be held for ninety(90) calendar days after the award of the Contract or until posting by the successful Bidder of the payment and performance bonds, proof of insurance, return of executed copies of the Contract and necessary certification(s), whichever first occurs, after which time the Bid Security will be returned to all Bidders. E. If a Bid Bond is to be submitted, Bidder shall use the form entitled "Bid Bond" contained in the Bidding Documents, which Bid Bond shall be properly executed and acknowledged by the Bidder and by a corporate surety authorized to transact such business in the State of California. s F. Any alteration of said form of Bid Bond, or imperfection in the execution thereof, as herein required, will render it informal and may, at the option of the City, result in the rejection of the Bid under which the Bid Bond is submitted. 8. BIDDER'S AND SPECIALTY CONTRACTORS'STATEMENTS OF QUALIFICATIONS A. Each Bidder shall be required to complete, execute and submit with its Bid,the form entitled "Bidders Statement of Qualifications.- B. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the contract documents. In selecting the lowest responsible Bidder, consideration will be given not only to the Bidder's financial standing but also to the general competency of the Bidder for the performance of the work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public buildings for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder's experience with similar types of construction projects and facilities, conduct and performance under other contracts,financial condition, reputation in the industry, and other factors which could affect the Bidder's performance of the work. 9. DESIGNATION OF SUBCONTRACTORS A. Subcontractor Listing. On the Designation of Subcontractors form, the Bidder shall list each Subcontractor whom the Bidder must disclose under the Subletting and Subcontracting Fair Practice Act, Public Contract Code Section 4104. The Bidder shall provide: each Subcontractor's name, the trade and type of work that the Subcontractor will perform, the location (address) of the Subcontractor's place of business, each Subcontractor's license number, and the dollar value of each Subcontractor's labor or services. If additive Alternate Bid Items are included in the Bidding Documents, the Bidder shall identify each Subcontractor performing additive Alternate Bid Items, when such Work — or the combination of base Contract Work and Alternate Work—exceeds one-half of one percent of the total Bid Amount. B. Subcontractors' Licenses. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor shall possess a current and active California Contractor's license appropriate for the portion of the Work listed for such Subcontractor, and hold all specialty certifications required for such Work. C. Disqualification of a Subcontractor. The City has the right to review the suitability and qualifications of any Subcontractor proposed by the Bidder. As part of this review, the City may request a Bidder to submit additional information about one or more of the listed Subcontractors—including, but not limited to—a statement detailing the Subcontractor's experience with pertinent information as to similar projects and other evidence of the Subcontractor's qualifications. If requested, the Bidder shall provide the information to the City within the time specified in the City's written request. After due investigation, if the City 9 has a reasonable objection to any proposed Subcontractor, the City may, before giving the notice of award, require the apparent successful Bidder to submit an acceptable substitute. The City's disqualification of a Subcontractor does not disqualify a Bidder. However, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor without an adjustment of the Bid Price. D. Work of Subcontractors. The organization or arrangement of the Specifications and Drawings do not limit the extent of the Work for the Contract Documents. Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings and other Contract Documents to all persons or entities submitting sub-bids to the Bidder. The omission of any portion or item of Work from the Bid or from sub-bids, which is reasonably inferable from the Contract Documents, will not be a basis for adjustment of the Contract Price or the Contract Time. E. Ineligible Subcontractors. The successful Bidder is prohibited from performing Work on the Project with any Subcontractor who is ineligible to perform work on a public works project pursuant to California Labor Code Sections 1777.1 or 1777.7. In submitting its Bid, the Bidder certifies that it has investigated the eligibility of each and every listed Subcontractor and has determined that none is ineligible to perform work pursuant to the above code provisions. 10. CONTRACTOR'S NONCOLLUSION AFFIDAVIT A Noncollusion Affidavit in the form provided by the City shall be signed under penalty of perjury, certifying that the Bid is not the result of and has not been influenced by collusion. Bidder shall submit this form with its Bid. Any Bid made without such affidavit,or believed to be made in violation of the requirements set forth in the affidavit form, may be rejected. 11. INSURANCE REQUIREMENTS The Bidder shall submit to its insurance company or insurance agent the Insurance Requirements in this Specification and the Contract Documents. The insurance company's underwriter or agent must complete the Insurance Requirements documentation which states that the insurer's underwriter or agent will furnish the City with the required insurance documents within fourteen (14) days after the Bidder's having been notified of the Contract's award. The Bidder shall submit this form with its Bid. Any Bid made without this statement, or made with an incomplete statement, may be rejected, 12. EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK A. The Bidder shall examine carefully the site of the Work contemplated and the Drawings and Specifications. The submission of a Bid will be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of Work to be performed and materials to be furnished,the difficulties to be encountered, and to the requirements of the Drawings, Specifications, and other Contract Documents. The Bidder shall ascertain the locations of the existing utility services, and other underground facilities, and provide for carrying out its operations so as to cause the minimum possible inconvenience to the occupants of properties along any streets affected. All Work and costs involved in the safeguarding of the properties of others shall 10 be at the expense of the Bidder to whom the Contract may be awarded. B. The Bidder hereby certifies that it has examined the local conditions, has read each and every clause of the Contract Documents, and that it has included all costs necessary to complete the specified Work in its Bid prices, and the Bidder agrees that if it is awarded the Contract, it will make no claim against the City based upon ignorance of local conditions or misunderstanding of any of the provisions of the Contract. Should the conditions turn out otherwise than the Bidder anticipated,the Bidder agrees to assume all risks incident thereto. 13. PRICES AND PAYMENTS Approximate quantities listed in the Schedule of Bid Prices are estimates given for comparing Bids, and no claim shall be made against the City for excess or deficiency therein, actual or relative. Payment at the prices agreed upon will be in full for the completed Work and will cover materials, supplies, labor, tools, equipment, and all other expenditures incident to a satisfactory compliance with the Contract, unless otherwise specifically provided. 14. SUBSTITUTIONS Bidders wishing to obtain City's authorization for substitution of any material, device, product, equipment, fixture, form, or type of construction shall submit all requests for substitution, including all data necessary to demonstrate acceptability, a minimum of thirty(30) calendar days prior to the Bid Deadline. Approval of any such substitution shall be made in writing by the City. Bidders shall refer to the appropriate provisions in the General Conditions for additional requirements for substitutions. In the absence of a written Addendum prior to the Bid Deadline or a Change Order approving the request after Contract award, a request for substitution shall be deemed denied. 15. RETURN OF IMPROPER BIDS Bids submitted after the Bid Deadline are non-responsive and shall be returned to the Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted Bids shall not be considered unless the Notice inviting Bids expressly permits such means of transmittal. 16. WITHDRAWAL OF BIDS Bidder may withdraw its Bid either personally or by written request any time prior to the scheduled Bid Deadline by notice to the City's Contact Person designated in the Notice Inviting Bids. If such notice is written, it shall be signed by the Bidder and shall be date-stamped and time-stamped by the City upon receipt. Withdrawn Bids may be resubmitted before the Bid Deadline provided that they are in full conformance with these Instructions to Bidders. Once submitted, all Bids are irrevocable, except as otherwise provided by law. Requests for withdrawal of Bids after the Bid Deadline shall be made only in accordance with California Public Contract Code § 5100, of seq. Bidder agrees by submitting a Bid that such Bid shall remain open, is irrevocable,and may not be modified,withdrawn, or cancelled for a period of ninety (90)days after award of the Contract. 17. OPENING AND EVALUATION OF BIDS A. Bid Opening and Tabulation. The Bids shall be opened and read in public after the Bid �1 Deadline has expired at the time and location listed in the Notice Inviting Bids. A tabulation of all Bids received will be available for public inspection at the Office of the Director of Public Works, Water and Development Services, 4305 Santa Fe Avenue, Vernon, CA during regular business hours for a period of not less than thirty (30) calendar days following the Bid Deadline. The City reserves the right to accept or reject any or all Bids and be the sole judge regarding the suitability of the products, services or supplies offered; and/or to waive any irregularities or informalities in any Bids or in the bidding process. The City further reserves the right to purchase all or fewer than all items or quantities of each item listed in the Bidding Documents. The award of the Contract, if made by the City, shall be to the lowest responsive and responsible Bidder. B. Evaluation of Bids. 1. Mandatory Qualifications. A Bid shall be rejected as non-responsive if the Bidder fails to document in the Bid that Bidder meets the essential requirements for qualification described in the Notice Inviting Bids. As part of the Bidder's Statement of Qualifications each Bidder must establish that it, as the current entity: (1) has successfully completed at least five projects) (5) similar projects involving similar work within the last five (5) years with a cost equal to or in excess of the Bidder's Bid; and (2) has successfully completed at least five(5) public works projects. 2. Responsive Bid. A responsive Bid is a Bid which conforms, in all material respects, to the Bidding Requirements and Contract Documents. 3. Responsible Bidder. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the Contract Documents. 4. Competency of Bidders. In selecting the lowest responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of the Bidder for the performance of the Work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public works for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder's experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, safety record and protocols and other factors which could affect the Bidder's performance of the Work. 19 AWARD OF CONTRACT The City reserves the right to reject any or all Bids and to waive any or all information or technical defects, as the interest of the City may require. Award of Contract or rejection of Bids will be made by the City within ninety(90) calendar days following the Bid Opening. 12 20. BASIS OF AWARD A. The City will award the Contract based on the lowest Base Bid including all options. B. City reserves the right in its sole discretion to select any, all, or none of the Bid Alternates at the time of award of the Contract, regardless of whether such Bid Alternates were used in the analysis to determine the lowest Bid. 21. EXECUTION OF CONTRACT Within fourteen (14)calendar days after being notified by City that it has been awarded the Contract, Contractor shall deliver to the City the following documents: A. Three(3)copies of the Contract in the form included herein,properly executed by Contractor and, if Contractor is a corporation, evidence of its corporate existence and that the persons signing the Contract are authorized to do so. All signatures must be notarized. B. Properly executed copies of the (a) Performance Bond (b) Labor and Material (Payment) Bond and (c) Maintenance Bond in accordance with the requirements set forth in Article 13 of the General Conditions and in the form shown on Exhibits 1, 2 and 3 attached thereto. All signatures must be notarized. C. Properly executed policies of all of the following: (a) the Commercial General Liability Insurance, (b) the Automotive Liability Insurance, and (c) Professional Liability, if required, and (e) the corresponding endorsements for each policy in accordance with the requirements set forth in Article 12 of the General Conditions. In the event that the fourteenth calendar day falls on Saturday, Sunday,a legal holiday for the State of California, or on days when City Hall is closed, the aforesaid documents shall be delivered by the following Working Day. After receipt of said documents within said time period or any extension thereof granted by the City, the City shall execute the Contract and return one (1) of said three (3) copies to Contractor for its files. 22. PUBLIC RECORDS City seeks to conduct its business openly. Except as set forth in paragraph 8.A., upon opening, all Bids shall become a matter of public record and shall be regarded as public, with the exception of those elements of each Bid that are identified by the Bidder and plainly marked as "trade secret," "confidential," or"proprietary," including any Statement of Qualifications and financial statements to be submitted by Bidders. Each element of a Bid which a Bidder desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents, or other, non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If City receives a request from a third party to make a Bid available for inspection and copying,the City will notify the Bidder of the request. If a Bidder instructs the City that the information is not to be released, City will withhold the information, provided, the Bidder expeditiously seeks a protective order from a court of competent jurisdiction to prevent such release. 13 If disclosure is required under the California Public Records Act or otherwise by law (despite the Bidders request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof. Bidder shall indemnify, defend(including Bidder's providing and paying for legal counsel for City), and hold harmless City, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages,fines, penalties,costs, or expenses arising out of or alleging City s refusal to publicly disclose one or more records that Bidder identifies as protectable, or asserts is protectable. 23. PREVAILING WAGE RATES AND EMPLOYMENT OF APPRENTICES A. Prevailing Wage Rates. The Bidder and all Subcontractors shall utilize the relevant prevailing wage rate determinations in effect on the first advertisement date of the Notice Calling for Bids in preparing the Bid Proposal and all component price quotations, provided, however, that when Davis Bacon wage rates apply, such rates are subject to increase by written notice, issued by Addendum not less than 10 calendar days before the Bid Deadline. Pursuant to California Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California and the United States Secretary of Labor have determined the general prevailing wage rates in the locality in which the Work is to be performed.Said rate schedules are available on the Internet at www.dir.ca.gov/DLSR/PWDI'. The wage rate for any classification not listed, but which may be required to execute the Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. To comply with California Labor Code Section 1773.2, Contractor shall post, at appropriate and conspicuous locations on the job site,a schedule showing all applicable prevailing wage rates and shall also comply with the requirements of Califomia Labor Code Sections 1773 etseq. B. Apprenticeship Committee Contract Award Information. Pursuant to California Labor Code § 1777.5 and Title 8 of the California Code of Regulations § 230, Contractor and Subcontractors of any tier who are not already approved to train by an apprenticeship program sponsor shall, within ten (10)calendar days of signing the Contract or subcontract, as applicable, but in any event prior to the first day in which Contractor or Subcontractor has workers employed on the Project,submit the Public Works Contract Award Information form (DAS Form 140)to the appropriate local apprenticeship committees whose geographic area of operation include the area of the Project and who can supply apprentices to the Project. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City, C. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract or subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26)shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. 14 D. Notice to Subcontractors. Bidders shall notify all potential Subcontractors submitting price quotations for portions of the Work of the requirements concerning payment of prevailing wage rates, payroll records, hours of Work, and employment of apprentices. 24. SPECIAL CITY REQUIREMENTS Special City forms and their instructions are an integral part of these specifications and failure to submit same may be grounds, in the sole discretion of the City, for rejection of any Bidder. A. Living Wage Ordinance and Prevailing Wage Where Applicable. Contractor, and Subcontractors, if any, shall comply with the terms and conditions of Ordinance No. 1187, the Citys Living Wage Ordinance. Upon request, certified payroll documents shall be provided to the City. If there is a difference between the Vernon Living Wage rates and the California Prevailing wage rates for the same classification of labor, Contractor and subcontractor shall not pay less than the highest wage rate for that classification. B. Equal Employment Opportunity in Contracting. The City of Vernon is committed to a policy of equal opportunity in contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. Contractors expressly agree to comply with the City's ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting the Contract. Contractor certifies and represents that during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants,employees and recipients of service are treated equally and are not discriminated against because of their race, religion, religious belief, color, national origin, citizenship, ancestry, disability, sex, age, medical condition, pregnancy, sexual orientation or marital status. Contractor certifies that it will not maintain any segregated facilities. Contractor shall comply with all applicable Federal and California laws including, but not limited to, the Califomia Fair Employment and Housing Act (California Government Code Section 12900, et seq.), California Labor Code Section 1735, and The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). Contractor shall require like compliance by all Subcontractors employed on the Work. 25 BID PROTEST PROCEDURES A. Any Bidder submitting a Bid directly to the City and eligible for award of the Contract may file a protest if the Bidder complies with all of the following requirements and conditions: 1. The Bid protest is in writing; 2. A protest based upon alleged defects or improprieties in the Contract Documents is filed with the City rior to the Bid Deadline; 3. All other protests are to be filed and received by the City no more than five(5) calendar days following the City's notice of intent to award the Contract; and 15 4. The written Bid protest sets forth, in detail, all grounds for the Bid protest, including without limitation: all facts, supporting documentation, legal authorities, and argument in support of the grounds for the Bid protest. All factual contentions must be supported by competent, admissible, and credible evidence. B. Any matters not set forth in the written Bid protest will be deemed waived. Any Bid protest not conforming to the foregoing requirements and conditions will be rejected by the City as invalid. C. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder's submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal, state, and local laws. [END OF DOCUMENT] 16 SIT I Tree Care Profe.,sionals Serving Communities Who Care.4bout Trees www.WCAINC.com December 2, 2015 4 City of Vernon Attn:City Clerk 4305 Santa Fe Avenue Vernon,CA 90058 i RE: RFB for urban Forest Management Services Due: Thursday,December 3,2015 at 2tDPM To whom it may concern; Thank you for allowing West Coast Arborists, Inc. (WCA)with the opportunity to submit a proposal to provide tree maintenance services for the City of Vernon. WCA is a family-owned and operated company employing over 750 full-time employees providing various tasks to achieve one goal: serving communities who care about trees and landscape. We have reviewed, understand, and agree to the terms and conditions described in this RFP. We also hereby acknowledge that we meet the minimum requirements and responded to each of these requirements to the best of our ability with no exceptions. WCA's corporate values include listening to customers and employees that will help to improve services offered. By establishing clear goals and expectations for the organization, supporting its diverse teams, and exchanging frequent feedback from customers and employees. WCA's top management team has created a culture where employees become accountable for actions and resuks. WCA has a 43-year track record of working for more than 200 California, Arizona and Nevada municipalities and other various agencies. Our company has been in business since 1972 and is licensed by the California State Contractors License Boards under license #366764. We have held this license in good standing since 1978. The license specializes in Class C61 (Tree Service) as well as Class C27 (Landscaping). We currently employ over 75 Certified Arborists and over 100 Certified Tree workers, as recognized by the Western Chapter of the International Society of Arboriculture. WCA is also registered with the Department of Industrial Relations (DIR) for Public Works projects, our registration number is 1000000956. Should we be awarded this project,we shall use full-time,in-house employees; no subcontractors will be used. Our employees operate from one of our Anaheim, California offices: Anaheim (Corporate HQ), Ventura, San Diego, Riverside, Fresno, San Jose and Stockton. For questions related to this proposal and who has the authority to negotiate, please contact Victor Gonzalez, V.P. Marketing, at (714) 991-1900 or at vgonzalez@wcainc.com. Tim Crothers, Area Manager, will be assigned to this project should WCA be awarde this contract. He can be reached at(714)412-1980 or at tcrothers@wcainc.com. Sin rely, Patri k Mahoney President BIDDING FORMS SECTION 2 BIDDER'S PROPOSAL The undersigned submits this Bid in response to the Notice Inviting Bids issued by the City to construct the Work of the following Project in accordance with the Contract Documents: PROJECT: URBAN FOREST MANAGEMENT SERVICES A. Enclosed herewith and by this reference incorporated herein and made a part of this Bidder's Bid are the following completed forms: 1. Bidder's Proposal t 2. Schedule of Bid Prices f 3. Incumbency Certificate l 4. Bid Security in the following form(check one): ❑Cashier's Check ❑Certified Check ®Bid Bond ❑Cash 5. Bidder's Statement of Qualifications 6. Experience Form 7. Statement of Violations of Federal,State or Local Law,if applicable 8. Specialty Contractor Statement of Qualifications 9, Contractor Safety Questionnaire y 10. Designation of Subcontractors j 11. Contractor's Affidavit of Noncollusion 12. Insurance Requirements Affidavit i 13. Statement of Disqualification or Debarment. 14. Pre-Bid Site Inspection Certification B. Acknowledgment of Addenda. The Bidder shall acknowledge the receipt of all Addenda by attaching a signed copy of all Addenda,and by listing all Addenda received and attached in the space below. None If an Addendum or Addenda have been issued by the City and not attached and noted above as being received by the Bidder,the Bid may be rejected. C. inspection of the Work and Contract Documents. Bidder certifies that it has carefully examined and is fully familiar with all of the provisions of the Bidding Documents and said Bidding Documents contain sufficient BF1of39 BIDDING FORMS detail regarding the Work to be performed;that it has notified City of any errors or omissions in the Bidding Documents and/or any unusual site conditions;and that it has carefully checked all words,prices,and statements in this Bidding Document. Bidder hereby certifies that he/size and his/her Subcontractors have inspected the site and related Drawings and Specifications of Work and fully acquainted themselves with all conditions and matters which may in any way affect the Work,time of completion or the costs thereof. Bidder also certifies he/she has observed the designated Contractor Work areas and access routes,I disclosed or shown, as part of the Work in this Contract. SITE INSPECTION—CERTIFICATION: Person(s)who inspected site of the proposed Work for your firm: Name: Tim Crothers Date of Inspection 11/17/15 Title: Area Manager Name: Date of Inspection Title: D. Bidder agrees that all costs of Work shown in the Bidding Documents, including work reasonably inferable therefrom and necessary thereto,are included in his/her Bid. All Work shown in the Contract Documents for which a specific line item is not provided in the Bidding Form is included in the Bidder's Total Base Bid Price. E. Forfeiture of Bid Security. Bidder further agrees that, in case of his/her default in executing the required Contract and the required bonds, or furnishing the required insurance, the money payable under the Bid Security accompanying this Bid shall be applied by the City towards payment of the damage to the City on account of such default,as provided in the Bidding Documents. F. Period of Irrevocability. Bidder agrees that this Bid shall remain open and shall not be withdrawn for a period of not less than ninety (90) calendar days from the date of award of Contract, or until rejected by the City, whichever period is shorter. G. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder's submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees,and agents from liability,claims,demands,damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal,state,and local laws. The Bidder declares that neither he/$he nor a ny member of his/her firm or caryoration is art 0Ificar or employee of the City of Vernon. I hereby certify under penalty of perjury under the laws of the State of California that the representations made herein are true and correct. Executed this 2nd day of December at Anaheim Califomia C ty State OF2of39 BIDDING FORMS Bidder's Proposal Respectfully Submitted, NAME OF BIDDER COMPANY NAME. West Coast Arborists, Inc. ADDRESS: 2200 E. Via Burton Anaheim, CA 92806 CONTACT PERSON: Victor Gonzalez__ TELEPHONE NUMBER: (714) 991-1900 FAX NUMBER: (714) 991-1027 E-MAIL: vonzalez@wcainc.com CALIFORNIA STATE CONTRACTOR'S LICENSE NUMBER: 366764 EXPIRATION DATE: _12131/16 TAX IDENTIFICATION NO.:-. 95-3250682 SURETY COMPANY: Contractors Bonding and Insurance Company(CBIC)l Stong Surety a All Bid forms must be signed where so indicated by the person or persons duly authorized to sign on behalf of the Bidder. By signing the Bid,the person signing is deemed to represent that he or she has authority to bind the Bidder. I Failure to sign the Bidder's Proposal may invalidate the Bid. BIDDER'S PROPOSAL—SIGNATURE(S): Form of Entity of Bidder: Please check the appropriate signature block below and fill in all related information. Sole Proprietorship: By: NIA � Title rPrinted name of person signing Signature List all dlbla's: Partnership: ❑ General Partner ❑ Limited Partner BF3of39 BIDDING FORMS By- N/a Printed name of person signing Signature Corporation: WCA is a California Corporation located at 2200 E.Via Burton, Anaheim, CA 92806 By, PatriokM oney Corporate Officer Title: President Printed na of p rson si Corporate Seal Signature \ Joint Venture: ❑ Corporation ❑ Partnership ❑ Individual ❑ Other By: Title Printed name of person signing Signature -- [dame of all Joint Venturers: [If the Bidder is a corporation or a limited liability company, enter state or county of incorporation in addition to the business address and include an incumbency certificate executed by a Secretary thereof in the form set forth herein listing each officer with signing authority and his/her corresponding office. If the Bidder is a partnership or joint venturer stating that the respective partner or joint venturer agrees to be held jointly and severally liable for any and all of the duties and obligations of the Bidder under the Bid and under any contract arising therefrom. Attach evidence to the Bid Proposal Form that the individual signing has authority to do so.j BF4of39 BIDDING FORMS SCHEDULE OF BID PRICES PROJECT: URBAN FOREST MANAGEMENT SERVICES BIDDER'S NAME: West Coast Arborists, Inc. BASE BID Pursuant to and in compliance with your Notice Inviting Bids and Contract Documents relating to the Project including all Addenda (attach signed copies), Bidder, having become thoroughly familiar with the terms and conditions of the Contract Documents and with local conditions affecting the pefformance and the costs of the Work at the place where the Work is to be done, hereby proposes and agrees to fully perform the Work within the time stated in strict accordance with the Contract Documents (including the furnishing of any and all labor, materials, tools, expendable equipment, and utility and transportation services necessary to fully perform the Work and complete it in a workmanlike manner)for the total Base Bid sum of: Two hundred fifty-eight thousand,nine hundred seventy-three Dollars ($ 258,973.00 ) Y1 ESTIMATED EXTENDED ITEM NO DESCRIPTION QUANTITY UNIT UNIT PRICE PRICE 1 Indian Laurel 180 Each $ 240.00 $ 43,200.00 I 2 Grid No. 1 Inventory 355 Each $68.00 $ 24,140.00 3 I City Government Buildings_ fit Each J $ 140.00 $ 8,680.00 4 City Housing 1 33 Each J $ 140.00 $ 4.620.00 5 City Apartments 7 Each J $ 140.00 $ 980.00 1 Total Cost $ 81 620.00 Yz ESTIMATED EXTENDED ITEM NO DESCRIPTION QUANTITY UNIT UNIT PRICE PRICE 6 Indian Laurel 180 Each $ 245.00 ' $ 44,100.00 7 Grid No, 2 Inventory 407 Each $ 74.00 $ 30,118.00 8 City Government Buildings 62 Each $ 145.00 $ 8 990.00 9 City Housing 33 Each $ 145.00 $ 4 785.00 10 1 City Apartments 7 Each $ 145.00 $ 1 015.00 Total Cost . $ 89 008.00 Y3 ESTIMATED EXTENDED ITEM NO DESCRIPTION QUANTITY UNIT UNIT PRICE PRICE 11 Indian Laurel 180 Each $ 250.00 $ 45,000.00 12 Grid No. 1 Inventory 355 Each $ 79.00 $ 28,045,00 13 City Govemment Buildings 62 Each $ 150.00 $ 9,300.00 14 City Housing 33 Each $ 150.00 $ 4,950.00 15 City A i artments 7 Each $ 150.00 $ 1,050.00 Total Cost $ 88 345.00 BF5of39 B'DDING FORMS 77 GRAND TOTAL ` - COST Y1+Y2+Y3 9 . 58.97 _00 ADDITIONAL SERVICES-MISC UNIT UNIT PRICE ITEM 16 Complete Tree&Stump Removal(Durina Grid Trimmin ' Per Tree $ 625.00 ITEM 17 Stump Removal(Durinq Grid Trimming) Per Tree $ 195.00 ITEM 18 Complete Tree&Stump Removal—Mid-Year(Not Part of Grid) Per Tree $ 775.00 ITEM 19 Root Pruning—Mid-Year(Not Part of Grid) Per Tree $ 195.00 Tree Planting: 15 Gallon with Root Barrier ITEM 20 (During Grid Tdmminq) Per Tree $ 175.00 Tree Planting: 15 Gallon without Root Barrier ITEM 21 (During Grid Trimming) Per Tree $ 155.00 Tree Planting:24 Inch Box with Root Barrier ITEM 22 (During Grid Trimming) _ _ Per Tree $ 295.00 Tree Planting:24 Inch Box without Root Barrier 1 ITEM 23 (Durnq Grid Trimminq) Per Tree $ 275.00 I ITEM 24 Watering of 25 New Trees Per Day $ 595.00 ITEM 25 Crew Rental:3 Men,Aerial Unit, Dump Truck and Chipper Per Hour $ 210.00 Emergency Work Call Out: 3 Men,Aerial Unit, Dump Truck and 270.00 ITEM 26 Chipper. Contractor shall respond within 4-hours, Per Hour $ BF 6 of 39 BIDDING FORMS URBAN FOREST INVENTOR' ' COMMON NAME QUANTITY Carrot Wood 339 Grid Inventory) Indian Laurel 180 Lemon Bottlebrush 152(Grid Inventorv) Evergreen Pear _L109(Grid Inventory) _ Crape Myrtle 69 (Grid Inventory) Sweet Shade 38 (Grid Inventory) Palm Trees 38 Firewheel 23 (Grid Inventory) Eastern Redbud 32 (Grid Inventory) American Sweet Gum 17 _ { Eucalyptus 16 Melaluca 8 Jacaranda 8 Oak Tree 4 Avocado 4 Chinese Elm 3 Coral Tree 1 Pine Tree 1 i Walnut Tree 1 Loquat Tree 1 TOTAL INVENTORY 1044 All work items, tabor, materials, tools and incidentals which are not specifically listed in the above bid items, but are necessary to complete the project per specifications, and all other applicable standards and codes are considered to be included in the bid items reflected above. The City reserves the right to alter or change pruning cycles at its discretion; and to contact the contractor for miscellaneous work upon 30-days'notice. The Contract will be awarded based on the lowest responsible bid of the Grand Total of year 1, 2, and 3 tree trimming services, If there is a discrepancy between(1)the"Grand Total Cost", (2)any of the"extended costs',or(3)the individual unit Price, then the Unit Price shall control over the extended cost, and the extended cost shall control over the Grand Total Cost. If, however,the unit price is ambiguous, unintelligible, or uncertain for any cause,or is omitted, or is the same amount as the entry for the unit item total, then the unit item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. BF7of39 BIDDING FORMS (dollar amount) Respec I bmi _ 2200 E. Via Burton, Anaheim, CA 92806 S'fg n re Address Patrick Mahoney, Preside t 1212I15 Title Date 66764 12/31/16 License Number Date of Expiration (SEAL-if Bid is by a corporation) I _ Richard Mahoney, Assistant Secreta Amount of Certified or Cashiers Check or Bid Botw contractors Bonding & lnusurance m CBIC Name of Bonding Campany a BF 8 of 39 BIDDING FORMS INCUMBENCY CERTIFICATE Print legibly the names and title of the president and all officers of the Company who are authorized to sign the Bid Forms: PRESIDENT'S&OFFICERS' NAME; TITLE: Patrick Mahoney President & Secretary Richard Mahonpy Assistant Secretary Rose Epperson Treasurer The undersigned hereby certifies to the City of Vernon that helsv s the duay elected and acting Secretary of West Coast Arborists, Ine. _(the`Company'), and that, as soch,-fi sba authorized to execute this Incumbency Certificate on behalf of the Company, and Further certifies that the persons named above are the duly elected,qualified and acting officers of the Company, holding on the date hereof,the titles and positions set forth opposite their names and are authorized to sign the Bid Forms. IN WITNESS WHEREOF, the undersigned has executed this Incumbency Certificate this 2nd day of December 2015 Richard Mahoney Assistant Secretary's Name-Printed Assistant Sec ry$ — i f BF9of39 BIDDING FORMS Bond No.: N/A Premium Amount:$ NONE Bond's Effective Date: 1 z/3/15 BID BOND RECITALS: I 1. The City of Vernon,California("City"),has issued a Notice Inviting Bids for the Work described as follows.- Contract NwC S—0 6 0 7 Urban Forest Management �in Vernon,CA.("Project). Services 2 In response to the Notice lnvibngBids, WEST COAST ARBORISTS, INC. 2200 E. VIA BURTON r (Name,address,and telephone of Contractor) STREET, ANAHEIM, CA 92806 ("Principal'), i has submitted the accompanying Bid for the Project. C 3. Principal is required under the terms of the Specification--and all Bidding Documents referenced in it—to furnish a bond with the Bid. 4, The Specification, including all its amendments and supplements, and Principal's Bid are incorporated into this Bond and made a part of it by this reference. j OBLIGATION: THEREFORE,for value received,We,Principal and CONTRACTORS BONDING AND INSURANCE COMPANY, 111 PACIFICA, STE 354 (Name,address,and telephone of Surety) IRVINE, CA 92618 (°Surety, a duly admitted surety insurer under California's laws,agree as folows: By this Bond,We jointly and severally obligate and bind ourselves,and our respective heirs,executors administrators, successors,and assigns to pay City the penal sum of TEN PERCENT OF THE AMT. BiD Dollars($ 10% OF .BID )f tho Banded um'). this amount comprising not less than FIVE PERCENT (5%) of Principal's Base Bid, in lawful money of the United States of America. The California Licensed Resident Agent for Surety is: STONG SURETY INSURANCE SERVICES, 4850 ARLINGTON AVE. , RIVERSIDE, j (Name,address,and telephone) CA. 92504 Registered Agent's California Department of Insurance License No. 0663161 THE CONDITION OF THIS BOND'S OBLIGATION IS THAT, if: (1) Principal does not (a)withdraw its Bid for the period specified in the Bidding Documents, or--mif no period is specified—for ninety (90) calendar days after City awards the Contract for the Project, or (b) attempt to withdraw its Bid when the requirements of California Public Contract Code §5101 of seq., or any successor legislation, are not met; or(2) City awards Principal the Contract in response to Principal's Bid,and within the time and manner specified by the Specification or Contract Documents or— if no period is specified—within fourteen(14)calendar days after the Contract's award, Principal(a)signs and delivers to Co the Contract, in accordance with the Bid as acceptea,(b) furnishes the required bonds for not only Principal's faithful performance and proper fulfillment of the Contract,but also Principal's payment for labor and materials used in the Project, and (c)furnishes the required insurance, then this obligation becomes null and void. Otherwise, this Bond remains in full force and effect,and the following terms and conditions apply to this Bond: 1. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's guaranteeing that upon City's awarding the Contract to Principal,the Principal will enter into the Contract with City. 2. No right of action accrues on this Bond to any enbty other than City or its successors and assigns. I 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 attomeys'fees and litigation costs,in an amount the court fixes. BF 10 of 39 BIDDING FORMS 4. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate,or withdraw from this Bond;or(b)this Bond becomes void or unenforceable for any reason On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representatives)under the authority of its governing body. Date: DECEMBER 2, 2015 PRINCIPAL: SURETY: WEST COAST KHVISTS, ANC, CON CTORS AONDI INSURANCE COMPANY . t ty erne I arna) (Signature) VICHAEL Signature) By: Patrick Mahonev By; D. STONG 0 (Name) (Name) ItS: President ftS: ATTORNEY—IN—fACT (Title) (Title) 1 Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: 2200 E. VIA BURTON ST Ili PACIFICA STE 350 ANAHEIM, CA 92806 IRVINE, CA 92618 CORPORATE SEAL CORPORATE SEAL " I f I • i WDENCEMUSTBEATTACHEDOFTHEAUTHOWTYOFANYPERSOHSfGNINGASATTORNEY-&FACT. ■ THEATTORIVEY4V-FACTSSIGN4TUiREMUSTBENOTARM. ■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FMW WHEN THE PMNCIPAL, OR THE SURETY, i OR BOTH,AREA CORPORATION. I BF 11 of 39 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of_—__ Orange ) On December 2, 2015 _ before me, Amelia I. Menzel, Notary Public Date Here Insert Name and Title of the Officer personally appeared Patrick Maloney _ Name(s)of Signer(s) --- - - _., who proved to me on the basis of satisfactory evidence to be tr• ersonA whose narne ) 'a bscribed to the within instrument and ackna ged to the #fiat ey execrated the same in is �authorized capacity and that b h' it signatu or tl,a rnstrument the person{', r the entity upon behalf of which the person( cted. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. AMELIA 1.VEIRiISL � Co111r kOw 0 2105517 WITNESS my hand and official Lt, i �y Public-catlfom s Oranp county AI Comm. E: res 2,2019 Signature — — Signature of }'PU —- Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:city of Vemon-Bid Bond J Document Date: 1212i15 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(lies) Claimed by Signer(s) Signer's Name: Patrick Mahoney Signer's Name: _ Corporate Officer — Title(s): President _ C1Corporate Officer — Title(s): . _ Partner — Limited s General ' Partner — I Limited 'General Individual Attorney in Fact : Individual Attorney in Fact 'Trustee Guardian or Conservator I Trustee Guardian or Conservator Other: _ _ _ , Other: _ Signer Is Representing: WCA Inc. Signer Is Representing: @2014 National Notary Association • www.NationalNotary.org • 1-600-US NOTARY(1-500-876-6627) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California } County of Riverside ) On �a�oZ~�-� _ before me, R NAPPI "Notary Public" , Date Here Insert Name and Title of the Officer personally appeared MICHAEL D. STONG Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(a) whose names} is/atae subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/her/their authorized capacity(es),and that by his/her/their signature(s)on the instrument the person(so, or the entity upon behalf of which the persona) acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. i R. +1AP1 WITNESS my hand and offs I seal. coMM. #197778 Nawty PuEwic-CALLFO MLA w FtDjr_RsjoE CouMTY Signature F ire6 Ju15i 7,2016 ,Signature clAi6tary Pubic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. i Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capacityl(es) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer -- Title(s): ❑ Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑General ❑individual ❑Attomey in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator 0 Other: ❑ Other: _ Signer Is Representing: Signer Is Representing: Econo Fence Inc. 02014 National Notary Association .www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 M POWER OF ATTORNEY R L I MAIN an AM Company RLI Insurance Company 9025 N_Undbergh Dr.E Peoria,IL 61615 Contractors Bonding and Insurance Company Phone:(800M5-2402[Fax:(309)fi99-203b Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company,required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company,each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make,constitute and appoint: Jeremy Pendergast,Rosemary Na Michael D. Ston 'ointly or severally in the City of _ Rivur5idc Slate of—California as Attorney in Fact, witli fall power and authority b=l y conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings,and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each fitrther certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation,and now in force,to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or j undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, poiicim undertakings,Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image-" M WITNESS WHEREOF,RLI Insurance Company and/or Contractors Bonding and Insurance Company,as applicable,have caused these presents to be executed by its respective Vice Presidenk with its corporate seal affixed this 23rd day of June,2Q 15. RLI Insurance Company Ael ,1 ;'= Contractors Bonding and Insurance Company a�Pan�r -, SEAL . =' = SEAL — - ` State of Illinois -•' r' Roy C-Die Vice Presider: SS County of Peoria CERTIFICATE On this 23rd day of June 2013 1, the undersigned officer of RLI Insurance Company, and/or before me, a Notary Public, personally appeared Roy C. Die who Contractors Bonding and Insurance Company, each Illinois being by me duly sworn,acknavrledgcd that he signed the above Power of corporations, do hereby certify that the attached Power of Attorney is Attorney as the aforesaid ofEcer of the RLI insurance Company and/or in full force and effect and is irrevocable, and furthermore, that the Contractors Bonding and lnsurttuce Company- and acknowledged said Resolution of the Company as set forth in the Power of Attorney, is instrument to be the voluntary act=d d=%d o f said corporation, now in force- in testimony whereof,I have hereunto set my hand and the seal of the RLI Insurance CoMpagy and/or Contract s Bonding and Insurance Company this�Lll� day of _501,4:1 - Oin RLI Insurance Company lacqu Lne M Bogle Notary Public Contractors Bonding and Insurance Company 'O Clgt SEAL' ..f,-.~ Roy C.Die Vice President vQUELINE M. BOCK LER 0475532020212 gtxtSgl kS BIDDING FORMS BIDDER'S STATEMENT OF QUALIFICATIONS 1. ORGANIZATION 1.1 How many years has your organization been in business as a Contractor? 43 years 1.2 How many years has your organization been in business under its present name? 37 years 1.2.1 Under what other names has your organization operated? Prior to 1978, we operated under"George the Tree Man" 1.3 If your organization is a corporation,answer the following: 1.3.1 Date of incorporation1organizatiow May 10 1978 1.3.2 State of incorporationlorganization: Califomia 1.3.3 Corporate ID number: C0846211 1.3.4 Name of President: Patrick Mahoney 1.3.5 Agent for Service of Process: Patrick Mahoney, Victor M. Gonzalez, V.P. 1.4 If your organization is a partnership,answer the following: 1 A-1 Date of organization/formation: NIA I 1.4.2 Type of partnership(if applicable): NIA 1.4.3 Name(s)of general partner(s): NIA 1.4.4 List all states in which you are registered and state ID numbers for each: NIA 1.5 If your organization is individually owned,answer the following: 1.5.1 Date of organization: NIA 1.5.2 Name cf owner: NIA 1.6 If the form of your organization is other than those listed above,describe it and name the pnricipals: NIA _ BF13of39 BIDDING FORMS 2. LICENSING 2.1 List jurisdictions in which your organization is legally qualified to do business, indicate registration or license numbers,and category of license,if applicable. California - License#366764• Classification: C-610-49 C-27 Arizona - License#258981: Classification: L-26 2.2 List jurisdictions in which your organization's partnership or trade name is filed. NIA 2.3 List any licensing suspensions and/or violations assessed against your organization within the past five ears. Nyone 3. EXPERIENCE 3.1 List the categories of Work that your organization normally performs with its own personnel.Grid/circuit tree pruning, service request/speciat request tree pruning, tree and stump removal, tree only removal,St m removal, emergency crew rental, tree planting, specialty tree planting, tree watering,crew rental and tree inventory.Additional information can be found in the attached Qroposal. 3.2 On the Experience Form, list the project information that establishes that Bidder meets the essential requirements for qualification set forth in the Mandatory Qualifications paragraph of the Notice Inviting Bids for this Project. Please see section titled "STAFF QUALIFICATIONS" in the attached. 3.3 On a separate sheet, list projects to which your firm or business has been awarded a government contract since your firm or business has been in existence (giving the name and address of the project,the government agency,contact name and phone number,the contract amount, and contract's starting date and ending date). Please see section titled "REFERENCES" in the attached. 3.4 On a separate sheet, list the experience and present commitments of the key individuals of your organization. Please see section titled "STAFF QUALIFICATIONS" in the attached. 4. CLAIMS;LAWSUITS;CRIMINAL ACTS For the following questions, the term "owner"does not include owners of stock in your firm if your firm is a publicly-traded corporation. 4.1 in the past five (5) years, have, you, your firm or any of its owners, partners, officers, or employees been a defendant in court, or participated in an arbitration or mediation, on a matter related to: 4.1.1 The performance, non-performance, default, violation, or breach of a contract or agreement? ❑ YES ® NO BF 14 of 39 BIDDING FORMS 4.1.2 A vehicle collision or accident involving your firm's employees? ® YES ❑ NO 4.1.3 Damage to real property arising out of your services or operations? ® YES ❑ NO 4.1.4 Employment-related litigation brought by an employee of your firm? ® YES ❑ NO 4.1.5 Payment to a subcontractor or supplier? ❑ YES IN NO 4.1.6 Defective,deficient,or substandard work? ❑ YES IN NO If the answer to any questions in 41.1 to 4.1.6 is YES, identify the name of the person or entity that sued (i.e., "the plaintiff") or was involved in the mediation or arbitration; list the date, court,court address, and case number;describe the facts and circumstances giving rise to the lawsuit, mediation, or arbitration; and set forth the outcome or disposition. Attach additional sheets as necessary. 4.2 Have you or your firm ever filed a claim for damages or a lawsuit, or requested arbitration or mediation,against a government entity or a Client? ❑ YES ® NO If YES, identify the government entity or client;fist the date,court and case number; describe the facts and circumstances about the claim for damages,or the lawsuit,or both; and set forth the outcome or disposition. Attach additional sheets as necessary. 4.3 Are there any pending or outstanding judgments or liens against you,your firm,or any of its owners,partners,officers,or employees? ❑ YES ® NO If YES, identify the name of the person or entity entitled to payment;list the date court and case number; describe the facts and circumstances giving rise to the judgment or lien; and set forth the amount of the judgment or lien. Attach additional sheets if necessary. 4.4 In the past five (5) years, has any government entity ever: (a) investigated, cited, disciplined, or assessed any penalties against you, your firm, or any of its owners, partners,officers,or employees,or(b)determined or concluded that your firm or any of its owners, partners,officers,or employees violated any laws, rules,or regulations? BF15of39 BIDDING FORMES ❑ YES ® NO If YES, identify the government entity; list the date,and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 4.5 In the past five(5)years,have you,your firm or any of fts owners,partners,officers or employees been convicted of a crime related to the bidding of a government contract,the awarding of a government contract,or the performance of a government contract? (`Convicted"includes a verdict of guilty by a judge or Jury,a plea of guilty,a plea of nolo contendere,or a forfeiture of bail.) ❑ YES ® NO If YES, identify the government entity;list the date, court and case number,describe the facts and circumstances about each instance;and set forth the penalty or punishment imposed Attach additional sheets as necessary. 4.6 In the past five(5)years, have you,your firm,or any of its owners,partners,officers or employees been convicted of a crime involving embezzlement,theft,fraud,forgery, bribery,deceptive or unlawful business practices, perjury,falsifying or destroying records or evidence,or receiving stolen property,or making or submitting a false claim? ❑ YES ® NO If YES, identify the crime or offense;list the date,court and case number;describe the facts and circumstances about each instance;and set forth the penalty or punishment imposed. Attach additional sheets as necessary 4.7 Have you or, if Bidder is a corporation,any principal of the corporation ever been convicted of a felony? ❑ YES ® NO If YES,please explain the details of that conviction and, if so,whether you or said officer have served his or her sentence. 4.8 in the past five(5)years, has a government entity determined or concluded that you,your firm,or any of its owners, partners,officers or employees made or submitted a false claim (including a false claim for payment),or made a material misrepresentation? ❑ YES ® NO If YES, identify the government entity,and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 4.9 Have you or your company ever been charged by any governmental agency for failure to follow safety procedures? If YES, please explain. ❑ YES ® NO BF 16 of 39 BIDDING FORMS 4.10 Has any governmental agency ever submitted a complaint against you or your firm to the California State Labor Commission for failure to submit certified payrolls? If your answer is"Yes',please provide the details of such complaint. ❑ YES ® NO 5. FIRM'S OPERATIONAL STATUS 5.1. In the past seven (7) years, has your firm, or anyone else acting on behalf of your firm, filed for bankruptcy, insolvency, receivership,or reorganization? ❑ YES ® NO If YES, list the filing date,identify the court and case number,describe the facts and circumstances giving rise to each instance;and set forth the disposition or current status. Attach additional sheets as necessary. 5.2. In the past five (5) years, has your firm had an consolidations, mergers, acquisitions, closings,layoffs or staff reductions? ❑ YES ® NO If YES,list the filing date,and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 5.3. Is your firm in the process of, or in negotiations toward: (a) consolidating, merging, selling,or closing its business,or(b)laying off employees or reducing staff? ❑ YES ® NO 1 If YES,describe the transaction;list the anticipated date for completing the transaction, laying off employees,or reducing staff;and describe the facts,circumstances, and reason for taking the action. Attach additional sheets as necessary. 6. BIDDING; DEBARMENT;CONTRACT PERFORMANCE 6-1. Has a government entity ever debarred, disqualified, removed, suspended, or otherwise ! prevented you or your firm from bidding on, contracting, or completing a construction r project? ❑ YES ® NO I tf YES, identify the name of the government entity, list the date,and describe the facts and circumstances about each instance, and state the reason for the government entity's action against your firm. Attach additional sheets as necessary. BF 17 of 39 I BIDDING FORMS 6.2. Has a government entity ever rejected your firm's Bid or Proposal on the ground that you or your firm is a"non-responsible'bidder or proposer? ❑ YES ® NO If YES, identify the name of the government entity, list the date,describe the facts and circumstances about each instance,and state the reason or basis for the government entity's determining that your firm was a"non-responsible"bidder. Attach additional sheets as necessary. 6.3. Have you or your firm ever failed to fulfill or perform — either partially or completely — a contract or an agreement with a government entity or a client? ❑ YES ® NO If YES,identify the name of the government entity or client, list the date,and describe the facts and circumstances about each instance. Attach addrtonal sheets as necessary. 6.4. In the past five(5)years, have you or any officer or principal of your firm been an officer of another firm which failed to perform a contract or agreement? ❑ YES ® NO If YES, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.5. Has your firm ever advised a government entity or a client, while your firm was under contract with the government entity or client,that your firm could not(or would not)fulfill of perform — either partially or completely — the contract or the agreement based on the prices that your firm had originally submitted in a Bid or a Proposal? ❑ YES ® NO If YES, list the date, identify the name of the government entity or client, and describe the facts and circumstances about each rnstance. Attach additional sheets as necessary. 6.6. Has your firm ever requested a government entity or a client, while your firm was under contract with the government entity or client, to renegotiate one or more terms of the existing contract or agreement? ® YES ❑ NO If YES, identify the name of the government entity or client, list the date,and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.7. Has your firm ever requested a government entity or a client, while your firm was under contract with the government entity or client, to: (a)cancel the contract or agreement, or (b)release or discharge your firm form the contract or agreement? BF18of39 BIDDING FORMS ❑ YES ® NO If YES, identify the name of the government entity or client, list the date,and describe the facts and circumstances about each instance. Attach additional sheets as necessary. &B. Has a government entity or a client ever terminated,suspended,or non-renewwed your firm's contract or agreement before its completion? ❑ YES ® NO If YES, identify the name of the government entity,list the date,and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.9. Has a government entity or a client ever notified or advised your firm that your frrrn's performance under a contract or agreement was poor, sub-standard, deficient, or non- compliant? ❑ YES ® NO If YES, identify the name of the government entity or client, fist the date,and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.10. In the past five (5) years, has your firm paid,or has your firm been assessed, liquidated damages on a contract or agreement? ❑ YES ® NO If YES, identify ail such contracts/projects by owner, owner's address, the date of completion of the project, amount of liquidated damages assessed, and all other information necessary to fully explain the assessment or payment of liquidated damages. Attach additional sheets as necessary. 7. INSURANCE AND BONDS 7.1. In the past ten years,has an insurance company or a surety company: 7.1.1. Refused to insure your firm for liability coverage? ❑ YES ® NO 7.1.2. Canceled or non-renewed your firm's insurance coverage? ❑ YES ® NO 7.1.3. Refused to issue your firm a bond? ❑ YES ® NO 7.1.4. Canceled or revoked a bond obtained by your firm? ❑ YES ® NO BF 19 of 39 BIDDING FORMS If the answer to any questions in 7.1.1 to 7.1.4 is YES, identify the name of the insurance company or surety company, list the date, and describe the facts and circumstances about each instance. Attach addition sheets as necessary. 7.2 In the past ten (10) years, has an insurance company or surety company made any payments on your firm's behalf as a result of a default,to satisfy any claims against a performance bond,payment Mond,or maintenance frond issued on your firm's behalf? ❑ YES ® NO If YES, identify each contract completed or amount of each claim, the name and telephone number of the claimant,the date,grounds and current status of the claim,and if resolved, the method, nature, and amount of the resolution. Attach addition sheets as necessary. 8. SURETY j 8.1 ff a performance and/or payment bond is required by this bid, identify the bonding € company if arrangements for the bond have been made; if not, identify the bonding company for the Contractor's most recent project: Contractors Bonding and insurance Comgaly 8.2 Name and address of agent: Sty Surety Insurance Services i 4850 Ariinaton Ave_,. Riverside, CA 92504 All of the above statements as to experience,financial qualificadons,and available plant and equipment are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the Bidder. I hereby certify under penafty of pedury under the laws of the state of Calif9vVia that the representation made herein are free and correct. ! t Signature of Bidder J� Patrick Mahoney, President a BF 20 of 39 Answers to Questions 4.1.2 =WCA has experienced a few minor accidents involving our company vehicles during the course of our operations.WCA handles each accident expeditiously. Examples of vehicle accidents can be provided upon request. 4.1.3= It is not uncommon for personal property to get damaged as a result of tree operations.These items may include fencing,sprinklers, mailboxes,etc. WCA handles each accident expeditiously. Examples of vehicle accidents can be provided upon request. 4.1.4=In 2014,a Class-Action lawsuit was served on WCA for wage&hour allegations.The case is still pending and no information can be provided at this time. 6.6=On occasion, WCA renegotiates with customers in terms of pricing or work specifications or assignments. 63=On very few occasions,WCA will renegotiate the contract terms. In cases,where the project is not i financially feasible to continue,then we will request a new RFP and request to terminate the agreement in accordance with provisions of the contract.An example has been with a contract we had in 2011 with Nevada Energy. I k 111 I — L 00 m 0 00 O 2 Q:I M r a m z CL W Q) 00 co y F- N O as o r. z i L z z N 0 era' o 0 a o C CD r V t. ao R M C cn r_ R q� o u� O m tCL SR ' O CDIca .r m a U U ❑ � �-� O p o U 2 m i>�ca mo o ca {Q f4 j 2 ar `0 m Oz c € n m I Qa Z a -0 p o r � w i G : Q C -0 U vi m CD 00 N o Ln Y "[ O Oa N CD R N X W F O aI �. V c . m V ii U o c w cn o o cti Q d i LU ' WZ o GwUz_ z x _ C E° LQ.�23c� [C o o oo o co oN = Qr z U co C7 W ' ti c 0. N 0 0 U W N 0 O_ ' `4LUc(Da (D c � c Q U N 0 W v p rr) °�' C _c ai m U c c (V C C d C 0 d GG � U (0 N E Z Q� E z C °o t- U) U U H C o °�' w ui m O .c i w 4- O p o c — C7 cn z p O p �► o a L � o z o N o 0 o,'a oQ m 00 0 � � m ¢+ coU4 � O W w V) m N a R I.. i0 UI wL Uti a1 QY C phi o .. M o Cl) o E c m a r_ Q .�.. W "C U Q Q d m cc s a E di tii w r .��. Z Z � o va mCc in E 0 cj U m = - spa o rc 40 p m U u] {V Ql Q C Z U] 0. Op d a c J BIDDING FORMS CONTRACTOR SAFETY QUESTIONNAIRE � West Coast Arborists, Inc.Company Name: I Primary Type of Work: Tree and Landscape Maintenance Services Person Completing Form: Patrick Mahoney Title: President Phone Number. 714 991-1900 Date: 12/2/15 I SAFETY PERFORMANCE 1. List your company's Interstate Experience Rating Modifier(ERM) for the three most recent years. 2014 .59 2013 .65 a 20_V_ — i 2. List your company's number of injudeslillnesses from your OSHA 300 logs for the three most recent years. 20-2—20ya_20--14 a. Fatalities _ b. OSHA recordable incidents _ c. Lost work day incidents _ Please see attached. d. Total lost work days _ e. Total hours worked 3. Please provide copies of the following items(a-g);and Items(d-g)for each listed Subcontractor a). OSHA 300 logs for the most recent three years e). Training Plans and current year-to-date b). Verification of ERM from your insurance carrier f), Training Certificates for Employees c). Injury/Illness Report g). Emergency Response Training d). Complete written Safety Program 1 4.. Company Safety Contact: a. Name Emesto Macias I I b.Phone (714) 991-1900 1 - ' ERM=applies to workers'compensation policies. It compares the experience of this contractor to others of similar size,type and ratio.Used against annual premium.It has a direct correlation to how much the contractor pays in workers'comp premium. BF 22 of 39 F BIDDING FORMS CONTRACTOR SAFETY QUESTIONNAIRE (continued) i SAFETY PROGRAM 1. SAFETY PROGRAM DOCUMENTATION Circle One a. Do you have a written safety program manual? .es No 1)Last revision date Agust 2011 b. Do you have a written safety field manual? Yes No c. Are all workers given a booklet that contains work rules, responsibilities,and other appropriate information? Yes No a Z POLICY AND MANAGEMENT SUPPORT a. Do you have a safety policy statement from an officer of Yes No the company? G b. Do you have a disciplinary process for enforcement ISNo of your safety program? c. Does management set corporate safety goals? Yes No d. Does executive management review: ©Accident reports? es No ® Safety statistics? s No ® Inspection reports? No e. Do you safety pre-qualify subcontractors? Yes No f. Do you have a written policy on accident reporting Yes No and investigation? g. Do you have a light-duty,retum-to-work policy? Yes No 1 h. Is safety part of your supervisor's performance evaluation? es No i. Do you have a persona[protective equipment(PPE)policy? ISNo j. Do you have a written substance abuse program? Yes No If yes,does it include(check all applicable boxes): ❑X Pre-employment testing ® Return-to-duty testing ®Random testing ® Disciplinary process ®Reasonable cause testing ®Alcohol testing ® Post accident testing ❑ National Institute on Drug Abuse ❑ Panel Screen k. Does each level of management have assigned safety es No duties and responsibilities? BF23of39 BIDDING FORMS 3. TRAINING AND ORIENTATION a. Do you conduct safety orientation training for each employee? Yes No I b. Do you conduct site safety orientation for every No person new to the job site? c. Does your safety program require safety training meetings? ® No for each supervisor(foreman and above)? How often? ! ❑Weekly ('Monthly K Quarterly �4 Annually ❑Other.�� { d. Do you hold tool boxitailgate safety meetings ' focused on your specific work operations/exposures? es No i How often? Weekly ❑ Daily ❑Other. ___ e. Do you require equipment operationlcertificabon training? ® No 4. ADMINISTRATION AND PROCEDURES a. Does your written safety program address administrative procedures? Yes No If yes,check which apply: X Pre project/task planning X Emergency procedures X Record keeping XAuditslinspections X Safety committees X Accident investigationstreporting _HAZCOM X Training documentation X Substance abuse prevention X Hazardous work permits X Retum-to-work _Subcontractor prequalifcation b. Do you have project safety committees? No c. Do you conduct job site safety inspections? es No How often? ® Daily ®Weekly ❑ Monthly ❑Other i Do these inspections includes a routine safety r inspection of equipment(e.g.,scaffold,ladders,fire extinguishers,etc.)? O No i� d. Do you investigate accidents? es No i How are they reported? ®Total company ❑ By superintendent ® By project ® By project manager ® By foreman ® In accordance with OSHA e. Do you discuss safety at all preconstruction and progress meetings? es No BF 24 of 39 BIDDING FORMS f. Do you perform rigging and lifting checks prior to lifting? es No ®Far personnel ❑ Forequipment ❑Heavy lifts more than 10,000 lbs.) 5. WORK RULES a. Do you periodically update work rules? Yes No When was the last update? April 2015 b. What work practices are addressed by your work rules? ®CPRtfirst aid ❑Access—entrancWstairs ® Barricades,signs, ®Respiratory protection and signals ❑ Blasting ®Material handling/storage ®Communications ®Temporary heat ❑Compressed air and gases ®Vehicle safety ❑Concrete work ®Traffic control ❑Confined-space entry ❑Site visitor escorting ® Cranes/rigging and hoisting ❑Public protection ❑Electrical grounding ®Equipment guards and grounding ®Environmental controls and ®Monitoring equipment Occupational health j ® Emergency procedures ®Flammable material handling/storage ®Fire protection and prevention ®Site sanitation l ❑Floor and wall openings ❑Trenching and excavating ®Fall protection ® Lockout/Tagout ❑Housekeeping ❑Energizedlpressurized equipment ®Ladders and scaffolds ®Mechanical equipment! ®Personal protective equipment maintenanceipre-op checks/ ®Tools, power and hand operation ®Electrical power lines ❑Welding and cutting(hot work) ❑Other_ fi_ OSHA INSPECTIONS a. Have you been inspected by OSHA in the last three years? es No b. Were these inspections in response to complaints? Ye No j c.Have you been cited as a result of these inspections? Yes No If yes,describe the citations(add additional sheets if necessary): 2010: Ci of Pleasanton heat and illness citation 2013; City of Las Vegas, offi Gels hop inspection, citatiori for equipment in shop, _ Additional information on these citations are available upon request. BF 25 of 39 BIDDING FORMS DESIGNATION OF SUBCONTRACTORS NAME OF BIDDER: West Coast Arborists, Inc. Each Bidder must list, on the form provided on the next page, each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the Work or improvement,or a Subcontractor licensed in the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Drawings and Specifications, in an amount in excess of one-half of one percent of the Contractor's Base Bid Amount. Each Subcontractor must have an active and current license,and all requisite specialty certifications,when listed. Bidder must provide the following information for EACH Subcontractor. 1. The name of the Subcontractor, 2. The trade and type of work that the Subcontractor will perform; 3. Location(address)of Subcontractors place of business; 4. Subcontractor's license number,and any specialty licenses;and 5. Dollar value of the Work that the Subcontractor will perform. Subletting or subcontracting of any portion of the Work in excess of one-half of one percent of the Contractor's Base Bid to which no Subcontractor was designated in the original Bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City setting forth the facts constituting the emergency or necessity. if the Contractor violates any of the above provisions the Contractor may be in breach of this Contract and the City may exercise the option, in its own discretion, to (1)cancel this Contract, or(2)assess the Contractor a penalty in an amount not more than ten percent(10%)of the amount of the subcontract involved, and this penalty shall be deposited in the fund out of which the prime Contract is awarded. If the Contractor fails to specify a Subcontractor,or if the Contractor specifies more than one Subcontractor for the same trade or type of Work to be performed under the Contract in excess of one-half of one percent of the Contractor's Base Bid Amount, then the Contractor agrees that he/she is fully qualified to perform that Work himself/herself,and that he/she shall perform that Work himself/herself. If after award of Contract, the Contractor subcontracts any such Work, the Contractor will be subject to the statutory penalties. DESIGNATION OF SUBCONTRACTORS FORM iS ON THE FOLLOWING PAGE BF 26 of 39 BIDDING FORMS DESIGNATION OF SUBCONTRACTORS (continued) Please type or legibly print(attach additional sheets as necessary). e and Name of Subcontractor Type f Work ; Business Location License I Dollar($) to be Number Value Performed None to be used. R i BF 27 of 39 BIDDING FORMS The Contractor shall not: r A. Substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except that the City may consent to the substitution of another person as Subcontractor in any of the following situations: i 1. When the Subcontractor listed in the Bid, after having had a reasonable opportunity to do so,fails k or refuses to execute a written contract for the scope of Work specified in the Subcontractor's bid and at the price specified in the Subcontractor's bid, when that written contract, based upon the general terms, conditions, Drawings and Specifications for the Project or the terms of Contractor's written Bid,is presented to the Subcontractor by the Contractor; i 2. When the listed Subcontractor becomes insolvent or the subject of an order for relief in bankruptcy; f l 3. When the listed Subcontractor fails or refuses to perform his/her subcontract; t 4. When the listed Subcontractor fails or refuses to meet the bond requirements of the Contractor as set forth in Public Contract Code Section 4108; 5. When the Contractor demonstrates to the City that the name of the Subcontractor was listed as the result of an inadvertent clerical error; 6. When the listed Subcontractor is not licensed pursuant to the Contractors License Law; j 7. When the City determines that the Work performed by the listed Subcontractor is substantially unsatisfactory and not in substantial accordance with the Drawings and Specifications, or that the S Subcontractor is substantially delaying or disrupting the progress of the Work; 3 8. When the listed Subcontractor is ineligible to work on a public works project pursuant to Section j 1777.1 or 1777.7 of the Labor Code;or a i 9. When the City determines that the listed Subcontractor is not a responsible contractor. B. Permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original Subcontractor listed in the original Bid,without the consent of the City. C. Other than in the performance of 'change orders' causing changes or deviations from the original Contract, sublet or subcontract any portion of the Work in excess of one-half of one percent of the Contractor's Base Bid Amount as to which hiaer original Bid did not designate a Subcontractor. Prior to approval of the Contractor's request for a Subcontractor substitution,the City shall give notice in writing to the listed Subcontractor of the Contractor's request to substitute and of the reason for the request. The notice will be served by certified or registered mail to the last known address of the Subcontractor. The listed Subcontractor who has been so notified shall have five (5) Working Days within which to transmit to the City written objections to the substitution Failure to file these written objections shall constitute the listed Subcontractor's consent to the substitution. If written objections are filed, the City shall give notice in writing of at least five(5)Working Days to the listed Subcontractor of a hearing by the City on the Contractors request for substitution. The Contractor, as a condition to asserting a claim of inadvertent clerical error in the listing of a Subcontractor, shall within two (2) Working Days after the time of the Bid Deadline, give written notice to the City and copies of such notice to both the Subcontractor he/she claims to have listed in error and the +ntended Subcontractor who had bid to the Contractor prior to the Bid Deadline. BF 28 of 39 BIDDING FORMS QUESTIONNAIRE REGARDING SUBCONTRACTORS Bidder shall answer the following questions and submit with hislher Contract proposal. 1. Were bid depository or registry services used in obtaining subcontractors bid figures in order to compute your bid? Yes❑ No 2. If the answer to No. 1 is°Yes please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors'bids other than bid depositories? No 4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes❑ No 5. If the answer to No.4 is"Yes",please explain the following details: (a) Date: r (b) Name of person or group: (c) Job involved(if applicable): (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) 6. Was a conscious effort made to recruit or provide equal opportunity for bids by minorty or project area subcontractors? Yes❑ No 7. Was a conscious effort made to recruit and hire project area lower-income residents? i Yes® No ❑ Please submit statement. 8. We declare under penalty of perjury that the foregoing is true and correct. Dated this 2nd day of December 2015 All of the above statements as to experience, financial qualificatbr:�. and availa ApItequipment are submitted in conjunction with the proposal,as a part thereof, and the' ul ess and information is guaranteed bythebidder. Name o o n borists, Inc. By: Title: Patrick Mahoney, President f I I BF 29 of 39 r BIDDING FORMS CONTRACTOR'S AFFIDAVIT OF NONCOLLUSION STATE OF CALIFORNIA ) COUNTY OF Orange ) Patrick Mahoney being first duly sworn,deposes and says: I 1. That he/she is the President (Title of office if a corporation, "sole owner,""Partner," a or other proper title) of West Coast Arborists, Inc. (hereinafter called i "Contractor") who has submitted to the City of Vemon a Bid for the construction of the URBAN FOREST MANAGEMENT SERVICES; 2. That said Bid is genuine;that the same is not sham;that all statements of fact therein are true; 3. That said Bid is not made in the interest or behalf of any person, partnership, company, association, organization,or corporation not named or disclosed; 4. That Contractor did not, directly or indirectly induce, solicit, agree, collude, conspire or contrive with anyone else to submit a false or sham bid,to refrain from bidding,or withdraw his/her bid,to raise or fix the Bid price of Contractor or of anyone else, or to raise or fix any overhead profit, or cost element of Contractor's price or the price of anyone else; and did not attempt to induce action prejudicial to the interests of the City of Vernon, or of any other Bidder, or anyone else interested in the proposed Contract; 5. That the Contractor has not in any manner sought by collusion to secure for himself an advantage over any other Bidders or induce action prejudicial to the interests of the City of Vernon or of any other Bidder, or anyone else interested in the proposed Contract; 6. That the Contractor has not accepted any bid from any Subcontractor or material supplier through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or material supplier, which is not processed through said bid depository, or which prevent any Subcontractor or material supplier from bidding to any Contractor who does not use the facilities of or accept bids from or through such bid depository; 7. That the Contractor did not, directly or indirectly, submit the Contractor's Bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership,company, association,organization,bid depository, or to any member or agent thereof,or 111 . 111 I IN m NI 1N BF 30 of 39 I BIDDING FORMS 11! to any individual or group of individuals,except to the City of Vernon,or to any person or persons who have partnership or other financial interest with said Contractor in his/her business. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated this 2nd day of December 2015 at Anaheim California MonthNear City State Patrick Mahoney Contractor (Please Print) „y � .. Contractor's Signature President We I CONTRACTOR'S SIGNATURE MUST BE NOTARIZED i BF 31 of 39 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ! A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document- State of California County of____ Orange _ On December 2, 2015 before me, _ Amelia I. Menzel, Notary Public Date Here Insert Name and Title of the Officer personally appeared Patrick Mahoney Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person ) whose nameA&am- �ribed to the within instrument and acknowledged to me that e y executed the saute i e eif authorized capacity(" and that b�ir signatur on the instrument the person r the entity upon behalf of vvhiC the pefson acted, executed the instrument- I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. AWLIA L MENZEL WITNESS my h nd and official Coronation 12105 517 NoWy Public-Colifank am*County Signature t,pnrn. ns 2 2019 Signature of e 1 I i Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document_ Description of Attached Document Title of Type of Document.city of Vernon-Noncollusion Affidavit Document Date: 1212/15 iNumber of Pages: 1 Signer's) Other Than Named Above: None Capacityfies)Claimed by Signerl)s) Signer's Name: Patrick Mahoney Signer's Name: [Z]Corporate Officer — Title(s): President _ ❑Corporate Officer — Title(s): Partner — . Limited , General : Partner — I Limited 'General Individual 'Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: _ _ Other: — Signer Is Representing. _WCA,_Inc. Signer Is Representing: - �ruurc��.,'z�'a�"=,4' '�ra'�cx;�!' �C.'��c��.�xx�x-xx:c�c.'c=��-�x'�wJcx=c.'r=c.��;=xxac.*rw+.xx'c:r.•+�c.'c=t:�r.�;.�:z.* ©2014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY(1-8 00-876-6827) Item #5907 YAM A! 3#AA THE BIDDER'S INSURANCE COMPANY(S)OR INSURANCE AGENT MUST COMPLETE THIS FORM AND THE BIDDER MUST SUBMIT THIS CERTIFICATION WITH THE BID FORMS. 1,the undersigned(Please check one box) ❑ underwriter X agent,certify that I and the Contractor listed below have jointly reviewed the'Insurance Requirements"in these Bidding Documents and the Contract Documents. If the City of Vernon('City*]awards the Contractor the Contract far this project, I will be able—within fourteen (14)calendar days after the Contractor is notified of the ContracCs award--to furnish the City with valid insurance forms(Including one or more insurance certfl9cates and addltlonal insured endorsements)that fully meet all of the Insurance Requirements. Liberty Mutual Insurance 1018015 Name of Insurance Company Date Brandon Avery Insurance Agent's Name(Printed) Insurance Agent's Name (signature) -0,-, 790 The City Drive Orange CA 92868_ Address City State Zip Code 714-92Z-2586 603-334-8293 Brandon-AyM0lib rtrmutual.gorr. Tetephorre Ni; ber FAX burnt erNurnt er 1=mall Address W_ast Coast Arborists Inc C -0647 Contractor's Name City Specification Number BebwState the Name of lnst ranee Company Providing Coverage. DO NOT write'Will Provide,'"To Be Determined,* When Req*ed,'or similar phrases. TB2-661-039499--015 AS7-661-039499-035 Commercial General Liability Automobile Liability WA7-66D-039499-075 Workers'Compensation Liability City Will Purchase Policy.if recuired Builders Risk Pollution Liability r (NOTE TO CONTRACTOR See"Insurance Requirements'EXHIBIT 4 of the Contract for the requirement of obtaining Pollution Liability Insurance.] NOTE TO THE UNDERWRITER I AGENT: If the insurance forms that the Contractor submits to the City do not fully comply with the Insurance Requirements,and/or if the Contractor fails to submit the forms within the 14-day time limit, the City may:(1)declare the Contractor's Bid non-responsive,and(2)award the Contract to the next lowest responsible Bidder. BF 32 of 39 LIVING WAGE COMPLIANCE CERTIFICATION This contract is subject to the City of Vernon's Living Wage Ordinance, Vernon Municipal Code Chapter 2,Article XVIII ("Ordinance")_ The Ordinance requires that service contractors providing labor or services to the City by contract in excess of$25,000: ♦ Pay no less than ten dollars and thirty cents($10.30)per hour with medical benefits,or eleven dollars and fifty-five cents ($11.55)per hour without medical benefits to all k employees, as defined in the Ordinance who, at any time,provide labor or delivery services to the City of Vernon. Additionally, on July Ist of each year thereafter the Living Wage rate shall be adjusted by the change in the Federal Bureau of Labor Statistics Consumer Price Index, for the Los Angeles area, for the most recently available 12 month period. Accordingly, current City contractors will be required to adjust wage rates no later than July 1 st, to remain in compliance. ♦ Notify employees who spend any of their time providing labor or delivering services to the City of Vernon who make Iess than twelve dollars ($12)per hour of their possible right to the federal Earned Income Tax Credit(EITC)under§ 32 of the Internal Revenue Code of 1954, 26 U.S.C. § 32, and making available to such employees forms required to secure advance EITC payments. ♦ If there is a difference between the Vernon Living Wage rates and the California Prevailing wage rates for the same classification of labor, the Contractor and subcontractor shall not pay less than the highest wage rate for that classification. The selected contractor will be required to show compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the fuI1 name of ! each employee performing labor or providing services under the contract;job classification; rate of pay and benefit rate_ i Provisions of the Living Wage Ordinance may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in clear and unambiguous terms. If this provision applies, you must provide a copy of the collective bargaining agreement to the City. ' I do hereby certify and declare under penalty of perjury that if awarded the contract for which this bid/proposal is made. West Coast Arbodsts, Inc. will comply with the (Name of Company) requirements of the Vernon Living Wage Ordinance, Vernon Municipal Code Chapter 2 Article XVIII and the rules and regulations promulgated thereunder. I understand that failure to comply with the provisions of the Vernon Living Wage Ordinance may result in termination of the contract as well as other penalties as ted in Veicipal Code Chapter 2 Article XVIII_ Patrick Mahone rnon un President (Name) VV (Title) I2I2/1 5 (Signature) (Date) 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. 9F 36 of 39 z CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES i ` *'; Purchasing& Payables Division �05 Santa Fe Avenue Vernon, CA 90058 (323)583-8811 Fax(323)826-1433 : www.citvofvernon.oreldepartments/finance # + r,VEL I Article I. Affidavit of Equal Opportunity Employment& Non-segregation(Form AA-1) Article II. Vendor Gist Questionnaire(Forms AA-2&3) In order to be placed to the City's vendor list and be eligible to receive City business,you must provide the following information except where indicated as "optional." By submitting this form you are declaring under penalty of perjury under the laws of the State of California and the laws of the United States that the information is true and correct. Furthermore, you are certifying that your firm will adhere to equal opportunity employment practices to assure that applicants and employees are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your firm does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location,under its control,where segregated facilities are maintained. Name of Company: West Coast Arborists, Inc. Business Telephone(714) 991-1900 Address: 2200 E. Via Burton Fax number: (714) 991-1027 (optional) City Anaheim State CA Zip 92806 Contact Person Victor Gonzalez E-mail Address yonzalez@wcainc.com (optional) Tax ID Number(or Social Security Number) 95-3250682 Remit Address (if different) Same as above_ _ Please state clearly and concisely the type(s)of goods and services your company provides: 1 CA provides tree and landscape maintenance services including, tree trimminj tree removal, tree planting, emergency response, arborist reports, etc. 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 BF 37 of 39 / cn 2 � � a U / � � k ) � k \ 0 .2 cu d 2 Gn s a q t § ? © M c G ! Q e a C,r 2 2 4- CA ._ It o | U— ° 3 � B cn > e � � § \ . 2 ° £ § 6 5 ' a 2 2 2 g q k J 7 2 0 � § ° K \ g ? 2 t F n � § k 2 a . E / ovi kCA 0 § � q § « a � o = § a o U 2 20 -u e — § [ § 2 uo 2 § � rz § 2 m " o b ] Cl. ± � § u § 0 � ) \ 2 � cn § cu I 5 . 2 § 2 ( o / k � � 2 c / 7 •) ƒ k � \ • < ? 2 ƒ ■ / E ƒ \ \ k � � I � .■ _ ./ - - - \ � § ] 2 / � § u | ; .0 7 I � 2 § % o = � 2 2 � k \ 'j �\ 70 / / Cd \ 7 § •\ '] § C ` f ® o I . e \ © 3 § ./ e \ k • ( \ \ as \ O \ it / � \ Z \ ) f 3j / EXHIBIT D 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 attorneys fees,or to compel City officials to terminate the service contract of vioiabng employers. EXHIBIT E EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that,during the performance of this Agreement,the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race,religious creed,color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. g. 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. i AGENDA REPORT MEETING DATE: September 17,2013 1 TO: HONORABLE CITY COUNCIL FROM: CITY ADMINISTRATOR SUBJECT: A REPORT TO THE CITY COUNCIL OF THE CITY OF COMMERCE, CALIFORNIA REGARDING THE TERMINATION OF AN AGREEMENT BETWEEN TRIMMING LAND COMPANY, INC. AND THE CITY OF COMMERCE FOR TREE MAINTENANCE SERVICES, AND CONSIDERATION OF AN EXTENSION OF THE AGREEMENT PROBATIONARY PERKS BY 120 DAYS E RECOMMENDATION: That fife City Caunoil consider whether the City should agree to an extension of the probationary period pr4viftd for in the Agreement with Trimming Land Company.Inc.�C) for tree maintenance servithes, for another 120 days in order to provide TLC with additional time to address concems regarding the quality of tree Care wvkas and ether City concems. MOTION: City Council discretion. BACKGROUND: On August 31, 2012, the City of Commeme awarded an Agreement to Trimming Land Company, Inc. far tree maintenance services followingg a o=petttive bidding process_ Their Agfeermr t t&rm 4 for three years effective August 21, 2012 with the ilrst year se,iving as a probations penod during which time the City was to evaluate the C�or&acWr's p&ftrmarrae and the Cures eati fiat on with ftw4 performance. During tht evaluation period, City staff spent a considerable amount of time adefrasesing service and billing-related issues. TLC was notified on each o=sion of the issue and ft need to .'esohre them tn e-mail comRopondences, in TLC's serAm request system. and in tele:phorpee calla On April 16, 2013. City staff met wfth TLC representatives to sadre as theae issues, Qeepite romfed attempts to correct eseMoe rssuaa and resfderet complaints, ffiay continue on a regular basis as follows: • The City has received several rCgident cornplsints regarding the quality and workmanship of their service inducting veehiches shipping ail on driveways and sidewalks, tree crews not PjcWW up nJl trlrnrn'ng dexbries after wori€ was ompleted, and tree crews'rude and disrespectful interaLtic rn with residents. • Failure to complete work requests in a tltneEy mariner and as iniliaiiy scheduled for both tree pruning and slump removal wrxrk. • Planting the wrong trees at designated In r,sac ns. • DocutmentkV work that was never completed and submeng an In come for this work. • Failure to place appropriate tradfic control devices (!eons,safety signs. etc_) to alert motorists and pedestrians clues work in progress. • Failure of tree crew to weer appropriate personal protective equipment(such as hard hats and safety glasses)when performing work. • Not using appropriate maintenenoe equipment when pruning small and young trees, and • Raising mature Canary Island Pine trees excewively. AGENDA ITEM No. 1 i2.. City Counoal Agenda Rmpert—Meaft of September 17,2013 Tree Maiebena m Services by TrirYrwtp Land Company,Inc.-Agmernent TertNnadan Page 2 In accoridance with Section 2(A) of the Agreement, the City iss the right; In Bts sole and ao-satute discretion, to terminate this AgreerneM aftr completion of such pmbatkwtaiy period by providing the Contractor with notice of the Gity's dasire to terminate the Agreement wdhin three weeks after"axpiralion I the probationary period. The dead Grm to notify TLC was September 11, 2D13. Stott served ate attached letter to TLC on September 11, 2013. as natice of the Citys intFmt to terminate their Agreement based on TLC's unsat+sfaMry performance during the probaWnery period. Staff requests the City Council to consider itle following options regarding this Agreement: 4_ End TLC's AgmemaM at the end of tr)e SepterrlbCr 2013 billing periai and 2. Authorize staff to ahtain tree trimming services m a intenim basis with another vendor far a period of six months during which time staff will prepare a Rjequevt far Proposal to secure tree rn*rftnance aervkxm on a more extended husls,at 3. A,ppi-me, with TLC's agreement: an amendment to the Agreerrwnt to provide for a 120 d, 1probaftrarf period .^slop-to allow add itiortal tirne for TLC to addre$s all of the City's ooncems,seMc*and safety issues, and mmtorner senrice conlp'alnts. Ststif moon riends that the City Council consider Option #3 and grant a 120 day probationary period extension and amend their contract to re:tlad sold extension. FISCAL IWACT: There is no fiscal hVacL RELATIONSHIP TO STRATEGIC GOALS: This agerrda report itam oomplias with Goal#2—Protect&W Enhance QUAKY of Lde In the D& of Cornmtfroa. In cotqunction with State and Federal envkormmw tsl regulations. Comcmi-ce'a continued facers o n the environment will enhance water quality for all residents. R s brnrtted_ .Io fa Administrat ar Reviewred by. Approved as to form: Alex Hamilton Edt:arda Cfto Interim Director of Public Works and City Attorney Development Services Prepared by: �- Reviewed by: C / d na Vila VIIk oormc Ertvironnwtai Servkms Manager Director of Finance Attachments: City of Commerce Letter to Trimming Land Company,Inc.dated 911 ill Fps: W13 CRY Cowri AgeuaEQ Repaont FWF—Fmw Mokftnulm S&vloet-AgwMv rNpaft City of Commerce Pubitc Works & Development sarr,rtws Department Sep`cmber 11 r 2013 P*-Tony Martinez Trimming Lend Company,Inc. 10513 Dolores Ave_ South Gate,CA 90280 RE: Agreement between the City of Caramerce and Trimming Land Co.,tnc. for five maintenance services dated August 21. 2012 iDeer Mr. Martinez On behalf of ft City of COmmeme pursuant to Section 2 (A) Irra t Term of the atave referenced Agreement. this Fetter hereby serves as notice to Trimming Land Company, Irta;- that the City kslends to te-rminate the Agretwent based on Trimming Land f,.outVwY's vrmatis#actorlr POrfnernance during the AgmwFrN nt'e probationary period- Thus, the Agreement will not be extended for the remeunder of the three year wntfact i term. The h"s for this decision is set forth below- Y the rs spending a cnr►sid3erable afi+mn# of time adQriN service and bitliflg. Feinted issues as described in numerous a-mail oa nWorhdences bet en January and Apr#i 2013 between Hector Drama. the City's Tme " Straeet lafRklenanoo Super or and DeniGo Bataan, than Cky's former Assistant Director of Publlc Services and Trimming Land rrepresentmdwes, Sandra Hernandez, Rafaai Gwja Jr.. and yourself. The aforemeTrUo red CW 3W met with Thrnming Land rues on April 16. 2073 to address the following Issues. Hovde►rer, the City onnt;nues to address Umse same aervia*and resident complaint issues on s reguliar basis as lcuows: ' The CAY has rived several resident complainm regarding the quaility and workmanship of your service including vehfoies dripping oil on drAmwaye aind sktawalks. tree creams not NeWng cp ail trimming debris after wait was compktsd, and tree crews' rude and cU5 mspQcftt hheracticri with residents, ■ Failure to complete work requests in i3 timely manner and as rnitialty scheduw for both tree pavawng and stump removal work, + Ptandng the wrQA9 try at designated locations. • Documenting work tb&t was 06ver completed and submitting an Invoice ipr thrE work- • Faiiure to place appropriate txaffic control dlevk s (cares. SOg(y signs, etc.) to alert mctorzSts and pedestrians of tree wprk in progress, • Failure of tree crew to wear appropriate persorlaf prfltective uequorri rt(such as hard hate ant!safet#r 8k 8) when perfom*g work 2535 Comeatrue Wray.Ca®mem.CaHi4mla 40040 (323)722480S•FAX(323)726-6231•wrrw.a:Lrmamaasm.r,-vs Trinlndng land Letter m Apeernem Probation Oftnslon September 11.2013 Page 2 • Not HSrng aPPq3ruft n GlIrdOnar4s 49APMOM when prWM9 wriall and young trees,and .�_ • Raising mature Canary Island Pepe trees wwasswrl L You mW addrese. ihis matter with Lhe City Council at ita meting on Boptamber 17, 2013 at 8_30 p-m. Staff is willing to rrxrnrrend that you to provided with an addiilonal 120 days to order to allow you the atbwW to address ft City's concorm. tf you deake to proud in this manner. please contact Martha GorTmz a#(323)687-4451 to%fiedute a maeb% with me. Thank you for your irnrrediate attention to this urgers#rnstter- Shcerely, Alex Hamilton trrterim Director of Public Works and Development Services RECEIVED RECEIVED JAN 2 8 Z016 JAN 2 5 2016 CITY CLERK'S OFFICE CITY AnMIIUISTRAT STAFF REPORT PUBLIC WORKS, WATER AND DEVELOPMENT SERVICE DATE: February 2,201b TO: Honorable Mayor and City Council PREPARED BY: Vincent A. Rodriguez, Public Works Project Coordinator LA,i'v RE: Acceptance of Work of Sully Miller Contracting Company regarding Contract No. CS-0534 — Slauson and Boyle Avenue and Traffic Improvements. Recommendation A. Affirm that accepting the work of Sully-Miller Contracting Company, for the Slauson and Boyle Avenue and Traffic Improvements, Contract No. CS-0534, is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15301, Existing Facilities, part (c), existing highways and streets, because the project is merely to repair existing streets; and B. Accept the work of Sully-Miller Contracting Company, as part of the Slauson and Boyle Avenue and Traffic Improvements, Contract No. CS-0534, and authorize the staff to submit for recordation a Notice of Completion for the project. Background On July 7, 2015, City Council accepted the bid proposal from Sully-Miller Contracting Company, as the lowest responsive and responsible bidder and entered into a contract for the Slauson and Boyle Street and Traffic Improvements Project. Construction began in late August and consisted of removal of the existing asphalt pavement, adjusting to grade manholes and valves and rejuvenation by mixing the removed asphalt with new emulsified recycling agents, water and additives Cold Central Plant Recycling (CCPR)process. After curing of the recycled asphalt, an overlay of 2-inch thick latex modified asphalt concrete was installed on the streets per plans. In addition, removal and replacement of damaged curb, gutter, sidewalk, driveways, and the installation of handicap access ramps were completed per the plans. High-Early (10"thick) concrete approaches were constructed at various intersections. Traffic Signal modifications were made at three intersections. Crack Sealing was completed on Vernon Avenue, 49th Street, 38th Street and Malburg Way. Channelization of paved streets included traffic striping and pavement markings. Fiscal Impact The"Slauson and Boyle Avenue and Traffic Improvements" (Contract CS-0534) was awarded to Sully Miller Contracting Company for an amount not to exceed$1,624,230.25, The project was completed under budget for a total cost of$1,580,973.41.It is recommended that the project be accepted as complete and that the five percent (5%)retention of$79,048.67 be paid thirty-five(35)days after the recordation of the Notice of Completion, except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the contract to be further retained. Attachment(s) 1. Staff Report--Bid Award for City Contract No_0534 without attachments 2. Contract Notice of Completion 0 Page 2 de RECEIVED RECEIVED JUN 18 2815 JUL=01-20t5 40 CITY ADMINISTRATION city cLERKlS O NE STAFF REPORT PUBLIC WORDS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: July 7,2015 TO: Honorable Mayor and�C,i)ty Council FROM: Samuel Kevin Wilson,"`'nirector of Public Works, Water and Development Services Department Originator: Felix VA!co,Assistant Engineer RE: Bid Award for City Contract No. CS-0534: Slauson and Boyle Street and Traffic Improvements Recommendation A. Find that the award of the proposed Capital Improvement Project at Slauson Avenue and Boyle Avenue is categorically exempt under the California Environmentally Quality Act (CE A) in accordance with CEQA Guidelines Section 15301 (Existing Facilities), part (c) (existing highways and streets),because the project is merely to repair existing streets and involves negligible or no expansion of existing use; and B. Accept the bid proposal from Sully-Miler Contracting Company, as the lowest responsive and responsible bidder and enter into contract, not to exceed $1,624,230.25, for the Slauson and Boyle Street and Traffic Improvements Project, City Contract No. CS-0534, and to reject all other bids. Further authorize a contingency of$75,000.00 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 This project consists of removal of 2 to 6 inches deep of the existing asphalt pavement,adjusting to grade manholes and valves and rejuvemtion by mixing the removed asphalt with new emulsified recycling agents, water and additives Cold Central Plant Recycling (CCPR) process. After curing of the recycled asphalt, an overlay of 2-inch thick latex modified asphalt concrete will be installed on the streets per plans. In addition, removal and replacement of damaged curb, gutter, sidewalk, driveways, and the installation of handicap access ramps will be completed per the plans. High-Early (10" thick) concrete approaches will be constructed at various intersections. Page I of 2 Traffic Signal modifications will be made at three intersections. Crack Sealing will be done on Vernon Avenue,49th Street, 38th Street and Malburg Way. Channelization of paved streets shall include traffic striping and pavement markings. On May 4, 2015, the City Attorney approved as to form the project specifications and on May12, 2015, the City.Administrator authorized the advertisement of the Notice Inviting Sealed, Competitive Bids for the Slauson and Boyle Street and Traffic Improvements Project. The Notice Inviting Bids was posted on the City's website and published in the Vernon Sun newapaper and in addition it vas also advertised in the following construction related websites: Bid America, eBidboard Construction Contract Advertising, McGraw-Hill Construction. The Department has utilized the template Notice Inviting Bids, Bid Form and Project Specifications, Instructions to Bidders and Specifications and Contract approved by City Council on May 3, 2015 under the Competitive Bidding and Purchasing Grdinaace, Article TV of Chapter 2, Section 2.17.34. The bids for Contract No. CS-0534, Slauson and Boyle Street and Traffic Improvements Project, were received and opened on rune 10,2015.The calculated results were as follows: 1. Sally-lvli11crContracting Company $1,624,230.25 2. Palp Inc.DBA Excel Paving Company $1,648,303.14 3. All American Asphalt Company $1,721,980.00 4. Sequel Contractors Inc. $1,777,342.00 A discrepancy was found in Sully-Miller Contracting Company's bid between the"Grand Total" and the"Total Cost".In accordance to the Contract Specifications,in the event of a discrepancy between the"Grand Total"and the"Total Cost",the"Unit Price"shall control over the"Total Cost".The"Grand Total"cost detailed in the bid is$1,625,530.25.The calculated total cost for this bid is$1,624,230.25.Therefore,the total contract amount will be $1,624,230.25. Fiscal Impact The total budgeted funds for this project are $1,750,000.00. The Public Works, Water and Development Services Department has combined the Capital Expenditure funds from the following Capital Improvement Projects in the approved FY 2015-2016 City Budget: $1,280,000.60 from Slauson Avenue Resurfacing(Boyle to Downey) $300,000.00 from Boyle Avenue Resurfacing(Slauson to Randolph) $50,000.00 from Bandini Boulevard at 1-710 Freeway Traffic Signal Improvements $40,000.00 from Santa Fe Avenue at 28'h Street Traffic Signal Improvements $30,000.00 from Slauson Avenue at Alcoa Avenue Traffic Signal Improvements $50,000.00 from Citywide Crack Seal Repair The low bid amount of 1,624,230.25 is under the budgeted amount by $125,769.75. The remaining funds will be used for contingency costs. Attachment(s) 1. Contract Agreement No. CS-0534 Page 2 of 2 Recording Requested By City of Vernon,Public Works,Water and Development Fee Waived Pursuant To Govt.Code 6103 When Recorded Mail To: City Clerk 4305 Santa Fe Avenue Vernon,CA.90058 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE OF COMPLETION IS HEREBY GIVEN that 1. The City of Vernon,whose address is 4305 Santa Fe Avenue,Vernon,California, as Owner of the public work of improvement known as the Slauson and Boyle Avenue and Traffic Improvements, located on Slauson Avenue and Boyle Avenue as improved in accordance with Contract No.CS-0534 between Sully Miller Contracting Company whose address is: 135 S.State College Blvd.,Suite 400,Brea,California 92821 as CONTRACTOR, and the PUBLIC WORKS, WATER AND DEVELOPMENT DEPARTMENT of the City of Vernon for the following work,to wit: Furnish all transportation,equipment, materials, labor, supplies and services necessary for 2-6"cold in- place recycling, removal and replacement of damaged curb,gutter,sidewalks and driveways, crack sealing,2"thick modified asphalt concrete overlay,street lane line striping and re-wiring of three traffic signal intersections,as described within the project specifications. 2. Notice is given that the Work of Contract No. CS-0534, as amended by Owner-approved changes, if any,was accepted on February 2.2b16 by City Council, provided, however,this notice does not alter the responsibility of the Contractor for any failure to cornply with the requirements of the Contract Documents including, but not limited to, Contractor's liability for any unalrthorized or non-conforming work and does not constitute acceptance of any disputed claims. This notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. Dated: PUBLIC WORKS, WATER AND DEVELOPMENT CITY OF VERNON ATTEST: BY:-- Vincent A. Rodriguez Public Works Project Coordinator Maria E.Ayala,City Clerk VERIFICATION I, Vincent A. Rodriguez, Public Works Project Coordinator, state that I am an officer of the City of Vernon, that I have read the foregoing Notice of Completion and know the contents thereof and that the same is true of my own knowledge, except as to the matters which are therein stated on information or belief,and as to those matters I believe them to be true.1 declare under penalty of pedury under the laws of the State of California that the foregoing is true and correct.Executed in the City of Vernon on the above stated date. Approved as to Form: Vincent A. Rodriguez Public Works Project Coordinator Hema Patel City Attorney RECEIVED . "., CEIVED JAN 2 8 20i6 J N 2 7 701 CITY CLEWS OFFICE CITY AOMliV1SY �.. STAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVICE DEPARTMENT En•, DATE: February 2,2016 TO: Honorable Mayor and City Council FROM: Lissette Melendez,Associate Engine RE: Grant Deed—4700 Alcoa Avenue Recommendation A. Find that accepting the Grant Deed is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines section 15301(c) because if any construction occurs as a result of accepting and executing the Grant Deed, the work would merely involve negligible expansion of an existing street; and B. Adopt the proposed resolution to authorize the Mayor and City Clerk to execute the Certificate of Acceptance and the Grant Deed for approximately 1,25.00 square feet of land located at 4700 Alcoa Avenue. Background As part of a property development project,this Grant Deed from Alcoa Bel Air,a Nevada limited liability company dedicates to the City of Vernon in fee simple title, a portion of property at 4700 Alcoa Avenue,assessor's parcel number 6303-019-011. The dedication is approximately 1,251.00 square feet in size, located on the east side of Alcoa Avenue in front of 4700 Alcoa Avenue.This dedication will meet the City of Vernon's Master Plan of Streets and will be used for street purposes by increasing the width of the right-of-way. The grant deed has been approved as to form by the City Attorney's Office. Fiscal Impact Processing of the Grant Deed has no fiscal impact. Attachment(s) None RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND ACCEPTING THE GRANT DEED DEDICATING IN FEE A PORTION OF THE PROPERTY LOCATED AT 4700 ALCOA AVENUE WHEREAS, Alcoa Bel Air, LLC (the "Grantor" ) has offered to dedicate in fee a portion of the real property in the City commonly known as 4700 Alcoa Avenue in the City of Vernon, approximately 1, 251 square feet in size, located on Alcoa Avenue, assessor' s parcel number 6303-019-011 (the "Property" ) ; and WHEREAS, Grantor has delivered to the City a grant deed dated December 7, 2015, dedicating in fee the Property to the City, a copy of which is attached hereto as Exhibit A ("Grant Deed" ) ; and WHEREAS, the dedication will meet the City of Vernon' s Master Plan of Streets and will be used for street purposes by increasing the width of the right-of-way; and WHEREAS, by memo dated February 2, 2016, the Department of Public Works, Water & Development Services has recommended that the City accept the Grant Deed and approve execution of the Certificate of Acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS : SECTION 1 : The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct . SECTION 2 : The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA) , in accordance with CEQA Guidelines section 15301 (c) because if any construction occurs as a result of accepting and executing the Grant Deed, the work would merely involve negligible expansion of an existing street . SECTION 3 : The City Council of the City of Vernon hereby accepts the interests in real property conveyed to the City of Vernon by the Grant Deed, approves the Grant Deed and consents to the recordation of the Grant Deed. SECTION 4 : The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute the Certificate of Acceptance accepting the Grant Deed for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 5 : The City Council of the City of Vernon hereby directs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the actions herein approved or authorized. SECTION 6 : The City Council of the City of Vernon hereby authorizes the Department of Public Works, Water & Development Services, to submit the Grant Deed to the County Recorder. - 2 - 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 2nd day of February, 2016 . Name : Title : Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROV gb ,4S TO ORM: 9��- 6�� Brian un, Dep t City 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, February 2, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of February, 2016, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) 4 EXHIBIT A RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn: City Clerk MAIL TAX STATEMENTS TO: Exempt SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE GRANT DEED APN: 6303-019-011 DOCUMENTARY TRANSFER TAX IS NONE—NOT REQUIRED SEC. 11922 REVENUE TAXATION CODE. FOR VALUABLE CONSIDERATION,RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, Alcoa Bel Air,LLC,a Nevada Limited Liability Company (the"Grantor") HEREBY GRANT(S)TO: City of Vernon,a body corporate and politic(the"Grantee") That certain real property(the"Conveyed Property"),as described in Exhibit"A"attached hereto and incorporated herein by this reference,and as more particularly shown on the map attached hereto as Exhibit"B"and incorporated herein by this reference. The Conveyed Property is a portion of the property owned in fee simple by the Grantor_ The property is located in the City of Vernon,County of Los Angeles, State of California. Date: December 7,2015 "Grantor" Maha_sti M_ashhoon.Mangger Raivid R.Mashhoon,Manater e. it! ,'Name, Title e igrr��ure CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE§8202 See Attached Document (Notary to cross out lines 1$ below) See Statement Below (Lines 1-6 to be completed only by d9pument signer[s], not Notary) ,Signatur m'ent Signer No. 1 ;i of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California Subscribed and sworn to (or affirmed) before me County of LCS pC) 6-y--- Q7 on this day of JAlU?Pr� . 20 1 td, by Date Month Year (1) M A"A 5T'i MA51-t-Moor\I (and (2) O A N l P � � o , LISA PiLLSBURY LORD r Name(s) of Signer(s) Commission # 2071089 [ Notary Public - California z n roved to me on the basis of satisfactory evidence Los Angeles County p ry My Comm.Expires Jun 10,2018 to be the per on{s) who appeared befo Fri e- I Signatur _ + Signature of Not b rc Seal Place Notary Seal Above 'OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ GdLjk� Document Date: 1 1p Number of Pages: Signer(s) Other Than Named Above: ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5910 EXHIBIT A STREET DEDICATION THE WESTERLY 5.00 FEET OF THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND BEING THAT PORTION OF LOT 21 IN THE 500 ACRE TRACT OF LOS ANGELES FRUITLAND ASSOCIATION, AS PER MAP RECORDED IN BOOK 3 PAGES 156 AND 157 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF ALCOA AVENUE, FORMERLY, MAGNOLIA AVENUE, AS SAID ALCOA AVENUE NOW EXISTS 50-00 FEET IN WIDTH WITH THE NORTHERLY LINE OF THE STRIP OF LAND 17.00 FEET IN WIDTH CONVEYED TO LOS ANGELES AND SALT LAKE RAILROAD COMPANY, BY DEED RECORDED IN BOOK 15607 PAGE 262, OFFICIAL RECORDS, OF SAID COUNTY; THENCE EASTERLY 336.90 FEET, ALONG SAID NORTHERLY LINE TO THE WESTERLY LINE OF THE 100.00 FOOT STRIP OF LAND CONVEYED TO THE CITY OF LOS ANGELES, BY DEED RECORDED IN BOOK 6788 PAGE 245, OFFICIAL RECORDS, OF SAID COUNTY; THENCE NORTHERLY 420.20 FEET ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF SAID LOT 21, THENCE WESTERLY 336.83 FEET ALONG SAID NORTHERLY LINE TO THE EASTERLY LINE OF ALCOA AVENUE; THENCE SOUTHERLY 420.44 FEET ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. EXCEPT THE NORTHERLY 170.00 FEET OF SAID LAND_ ALSO EXCEPTING THEREFROM ALL MINERAL AND MINERAL RIGHTS, INCLUDING OIL AND GAS RIGHTS. DEDICATION CONTAINS AN AREA OF APPROXIMATELY 1251.00 SF OR 0.028 ACRES. W. cc 7 H 2'0 _ n * Exp. 5/30/2016 0 Civn- OWF 1 PROJECT TfTLE 4700 ALCOA AVENUE CITY OF VERNON C&V CON'Stm NG, mc. REFERENCE GATE SHEET NO. ,, m�� 10/07/15 ZU HURROK PElM W 916-M J.N. SCALE _— F°°r'Eou RANG Co 910 rJA 92SO FAX 00 N5 N—A 1 of 1 3ibos, "r DW-M W 3MMd XkV8wm %U otmawil S L/0 L/0 L ONOM�77�.''��/'ga�("+��T am 'ON 133HS 31VQ 3�N32l333N .� 'UhU li WOD VO 3nNJAd doo-w Doc N011'd01030 i332i1S 3�,� io3road dJM 0d aivv u,7j vAi J0 LNYHI UVd,7Q V7 Q CV ' _ I L Wm z � w O U O m W o �I v oa, CD l z o w I ry� CD Q m Q� O � � � � >- � o L-, � z � IL Qi l ��-, Q � O) m Q �j q rQ W � ® WIT4 maw �Ll A Q w �2 � w � /� ` ^ V) �N o � �� of a W of a W A �+ 0 LLJ o 0) CN o 03 aow \ z z �¢ m m Q � � r O O p tsi 00 cn m m Nw �� cn Q w o mz0 Q w W U -7 „6 OZ, 0 00 N oo �s a _ „6Z.00.00 N CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that interests in real property conveyed to or created in favor of the City of Vernon by that certain Grant Deed dated December 7, 2015, executed by Alcoa Bel Air, LLC, a Nevada Iimited Iiability 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 of Vernon on February 2, 2016, and the grantee consents to recordation thereof by its duty authorized officer. Dated: , 2016 CITY OF VERNON W. MICHAEL MCCORMICK, Mayor ATTEST: MARIA E. AYALA, City Clerk APPROVED AS TO FORM: HEMA PATEL, City Attorney