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20160315 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.cilyofvemon.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, March 15, 2016, 9:00 a.m. v~ � , City Hall, Council Chamber 4305 Santa Fe Avenue -11t11 y Vernon, California W. Michael McCormick, Mayor s�"'ELY 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. Personnel Matters - Service Pin Awards. February 2016 Anniversary Employee Name JJob Title Years 1. Leonard Grossberg IDirector of Environmental Health 25 Regular City Council Meeting Agenda March 15, 2016 2. A Proclamation of the Mayor and the City Council of the City of Vernon Declaring the Week of March 20-26,2016, as "Multiple Sclerosis Awareness Week". Recommendation: A. Approve a proclamation declaring the week of March 20-26, 2016 as Multiple Sclerosis Awareness Week in support of the National Multiple Sclerosis Society's efforts for a cure. 3. A Proclamation of the Mayor and the City Council of the City of Vernon Declaring the Month of April 2016, as "DMV/Donate Life California Month". Recommendation: A. Approve a proclamation declaring the month of April 2016 as DMV/Donate Life California Month"in the City of Vernon. 4. A Resolution of the City Council of the City of Vernon appointing Carlos Fandino to serve as the _City Administrator of the City of Vernon and Authorizing the execution of a related at-will employment agreement and accepting the resignation of Carlos Fandino from his position as Director of Vernon Gas & Electric Recommendation: A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act ("CEQA") review, because it is a general 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.Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Adopt the City of Vernon resolution appointing Carlos Fandino to serve as the City Administrator of the City of Vernon, effective March 15, 2016, approving and authorizing the execution of a related at-will employment agreement, and accepting the resignation of Carlos Fandino from his position as Director of Vernon Gas &Electric effective March 15, 2016. 5. Oath & Appointment of Carlos Fandino as City Administrator, City of Vernon. 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 Page 2 of 9 Regular City Council Meeting Agenda March 15, 2016 6. None Warrant Registers 7. Ratification of the following City Warrant Register to record the following voided checks: A. City Warrant Register No. 1432 to record voided Check No. 348588 in the amount of$965.80; and B. City Warrant Register No. 1437 to record voided Check No. 349392 in the amount of$22.54; and C. City Warrant Register No. 1439 to record voided Check No. 349693 in the amount of$100.00; and D. City Warrant Register No. 1440 to record voided Check No. 349855 in the amount of$100.00; and E. City Warrant Register No. 1441 to record voided Check No. 349933 in the amount of$220.00. 8. Ratification of the following Light& Power Warrant Registers to record the following voided checks• A. Light& Power Warrant Register No. 403 to record voided Check No. 511765 in the amount of $24.40; and B. Light& Power Warrant Register No. 404 to record voided Check No. 511807 in the amount of $27.25; and C. Light& Power Warrant Register No. 403 to record voided Check No. 511779 in the amount of $15.18. 9. Approval of City Payroll Warrant Register No. 717, totaling $3,409,187.22, which covers the period of February 1 through February 29,2016 and consists of the following: A. Ratification of direct deposits, checks and taxes totaling$2,474,534.06; and B. Checks and electronic fund transfers (EFT)totaling $934,653.16. 10. Approval of City Warrant Register No. 1444, totaling $2,265,918.94, which covers the period of February 23 through March 7, 2016, and consists of the following: A. Ratification of wire transfers totaling$1,841,242.52; and B. Ratification of the issuance of early checks totaling $246,513.18; and C. Authorization to issue pending checks totaling $178,163.24. Page 3 of 9 Regular City Council Meeting Agenda March 15, 2016 11. Approval of Light & Power Warrant Register No. 409, totaling $4,644,670.17, which covers the period of February 23 through March 7, 2016, and consists of the following: A. Ratification of wire transfers totaling $4,557,634.33; and B. Ratification of the issuance of early checks totaling$86,540.09; and C. Authorization to issue pending checks totaling$495.75. 12. Approval of Gas Warrant Register No. 197, totaling $1,383,803.09, which covers the period of February 23 through March 7, 2016, and consists of the following: A. Ratification of wire transfers totaling$1,351,809.45; and B. Ratification of the issuance of early checks totaling $31,993.64. City Administration Department 13. Report on Fiscal Year 2015/2016 Docket III Grants Awarded by Vernon CommUNITY Fund Grant Committee. A. Receive and file this report as it is being provided for informational purposes only pursuant to Section 2.167(e) of the Vernon Municipal Code. Fire Department 14. Activity Report for the period of February 16, 2016 through February 29, 2016. Health and Environmental Control Department 15. February 2016 Health & Environmental Control Department Monthly Report. Police Department 16. Activity Log and Statistical Summary of Arrests and Activities for the period of February 16, through February 29, 2016, to be received and filed. NEW BUSINESS City Administration Department Page 4 of 9 Regular City Council Meeting Agenda March 15, 2016 17. Approval of Maintenance Agreement with Tyler Technologies, Inc. Recommendation: A. Find that approval of the proposed action is exempt under the California Environmental Quality Act("CEQA")review,because it is 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. Approve a new Maintenance Agreement with Tyler Technologies, Inc. in an amount not to exceed $79,661.92 for a period of one year commencing on January 1, 2016. The proposed maintenance agreement is exempt from competitive bidding and competitive selection pursuant to Section 2.17.12(A)(2) of the Vernon Municipal Code as maintenance services are for a proprietary software and are available from only one vendor. 18. Approval of Agreement between the City of Vernon and Wilson Communications, LLC for Management Support Services. Recommendation: A. Find that approval of the proposed services agreement with Wilson Communications, LLC is exempt from California Environmental Quality Act ("CEQA") review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment,and therefore does not constitute a"project"as defined by CEQA Guidelines section 15378; and B. Approve the agreement between the City of Vernon (the "City") and Wilson Communications, LLC ("Wilson"), for the purpose of enlisting professional management advisory and support services on an on-call basis, as requested by the City Administrator; and C. Authorize the City Administrator to execute an agreement with Wilson Communications, LLC for an amount not-to-exceed$20,000 for professional advisory services for a period of thirty(30) days,with an effective date of March 15,2016 and a termination date of April 14,2016. Approval of the Agreement is based on the contingency of the new City Administrator appointment. Fire Department 19. A Resolution of the City Council of the City of Vernon approving and authorizing the City's Participation in the 2015 Urban Areas Security Initiative Grant Program, approving and authorizing the execution of an agreement by and between the City of Vernon and the City of Los Angeles, and authorizing the execution of documents necessary to obtain the grant. Recommendation: (Items A-B): Page 5 of 9 Regular City Council Meeting Agenda March 15, 2016 A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA")review,because it is a government fiscal activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Adopt a resolution approving and authorizing the City's participation in the 2015 Urban Areas Security Initiative Grant Program ("2015 UASI"), approving and authorizing the execution of an agreement by and between the City of Vernon and the City of Los Angeles, and authorize the Mayor and City Administrator to execute documents necessary to obtain the grant. The City of Los Angeles has approved and awarded 2015 UASI grant funds in the amount of$144,599.00 to the City of Vernon's Fire and Police Departments. Gas and Electric Department 20. Approval of Contract with Simon Wind, Inc. for Meteorological Data Collection Services. Recommendation: A. Find that the approval of the contract with Simon Wind, Inc. is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Approve the agreement with Simon Wind, Inc. for the purpose of meteorological data collection services; and C. Authorize the City Administrator or his/her designee to execute the agreement between Simon Wind, Inc. and the City of Vernon for a grand total amount not to exceed $113,800 for the term of the contract, January 1, 2016 through June 30, 2017. 21. Award of Bid and Purchase Contract to Schneider Electric, Inc. for Furnishing and Delivering Medium Voltage Vacuum Circuit Breakers for the Vernon Gas & Electric Department (Bid Specification #CB7-2016-1). Recommendation: (Items A-D): A. Find that approval of the proposed purchase of 7 KV circuit breakers is exempt from California Environmental Quality Act(CEQA)review,because such purchase 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 that even if such purchase were a project, it would be categorically exempt in accordance with CEQA Guidelines section 15301, because it consists of the maintenance, repair or minor alteration of existing equipment and involves negligible or no expansion of an existing use. The equipment Page 6 of 9 Regular City Council Meeting Agenda March 15, 2016 referenced herein merely replaces older equipment and improves electric system efficiency and reliability in Vernon; and B. Accept that Schneider Electric, Inc. was the lowest responsive and responsible bidder for bid specification #CB7-2016-1, relating to the purchase of 7 KV Medium Voltage Vacuum Circuit Breakers for Leonis Substation; and C. Award bid and authorize the Purchasing Department to issue one purchase order contract for a two (2) year term to Schneider Electric, Inc. for a grand total amount, not to exceed, $342,159.23 including taxes; and D. Reject all other bids. 22. Approval of an Agreement with AM Ortega Construction, Inc. in response to the City's Request for Proposals for Natural Gas Construction and Repair Support Services. Recommendation: A. Find that proposed agreement between the City of Vernon and AM Ortega Construction, Inc. is exempt under the California Environmental Quality Act (CEQA) because approval of the proposed agreement 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 that even if such were a project, it would be exempt in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment,because the agreement does not have an impact; and B. Accept the proposal from AM Ortega Construction, Inc. ("AM Ortega") as the highest scoring and cost effective respondent, rejecting all other proposals; and C. Award and authorize the execution of the services agreement between the City of Vernon and AM Ortega, for natural gas construction and repair support. The proposed contracted services equate to an amount not-to-exceed$200,000 per year,with a total compensation amount not-to- exceed $600,000 over the entire three(3) year term of the agreement. Human Resources Department 23. A Resolution of the City Council of the city of Vernon Declaring the Month of April 2016, as "Sexual Assault Awareness Month" and April 27, 2016, as "Denim Day". Recommendation: (Item A-B): A. Find that the request to adopt the attached resolution proclaiming April 2016 as "Sexual Assault Awareness Month"and April 27, 2016 as "Denim Day"is exempt from California Environmental Quality Act("CEQA")review,because it is an administrative activity that will not result in direct Page 7 of 9 Regular City Council Meeting Agenda March 15, 2016 or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378. B. Adopt the resolution proclaiming April 2016 as"Sexual Assault Awareness Month"and April 27, 2016 as"Denim Day"in the City of Vernon in support of the Peace Over Violence sexual violence education campaign. Public Works, Water and Development Service Department 24. Approve agreement with Advanced Industrial Services,Inc. for the Rehabilitation of the City's 10 Million Gallon Reservoir, CS-0639. Recommendation: A. Find that the proposed project, for Rehabilitation of 10 Million Gallon Reservoir, CS-0639, attached hereto, is exempt under the California Environmental Quality Act ("CEQA") in accordance with CEQA Guidelines Section 15301, subsections (b) and (d), because the project involves negligible or no expansion of use beyond that existing at the lead agency's determination; and B. Accept the bid from Advanced Industrial Services, Inc., and enter into the attached Services Agreement, in an amount not to exceed $146,900, for Rehabilitation of the City's 10 Million Gallon Reservoir. In addition, authorize a contingency amount up to $25,000 in the event of unexpected changed conditions in the project; and grant authority to the City Administrator to issue a change order in this amount. ORAL REPORTS 25. City Administrator Reports — brief reports on activities and other brief announcements by the City Administrator and Department Heads. 26. City Council Reports—brief report on activities, announcements, or directives to staff. CLOSED SESSION 27. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Title: Director of Gas &Electric 28. PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957(b)(1) Page 8 of 9 Regular City Council Meeting Agenda March 15, 2016 Title: Interim Director of Gas &Electric 29. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Title: Human Resources Director 30. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Government Code Section 54956.9(d)(4) Initiation of Litigation Number of potential cases: 1 31. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Agency Designated Representative: City Administrator Employee Organizations: Teamsters Local 911, IBEW Local 47, Vernon Firemen's Association, Vernon Fire Management Association, Vernon Police Management Association ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Vernon City Hall,located at 4305 Santa Fe Avenue, Vernon, California, and on the City's website,not less than 72 hours prior to the meeting set forth on this agenda. Dated this 10th day of March 2016. By: Maria E. Ayala City Clerk Page 9 of 9 j- G1.a+ MPR OOZI- <`f�tLY IPO�i4t`• iAAR 0 3 2016 UM STAFF [CITY A°M UM STAFF REPORT INISTR HUMAN RESOURCES DEPARTMENT DATE: March 15, 2016 TO: Honorable Mayor and City Council FROM: Lisette Michel Grizzelle, Interim Director of Human Resources ��ij Originator: Veronica Avendano, Administrative Secretary ✓A f~' RE: Service Pin Awards for February 2016 Recommendation A. City Council to present service pins to those employees hired in February. Background Submitted herewith lists the employees who are eligible to receive their service pin based on the number of service years with the City of Vernon. Fiscal Impact None. Attachments) 1. February 2016 Service Pin employee list. Page 1 of 1 2016 SERVICE PIN LIST FEBRUARY ANNIVERSARY EMPLOYEE'S NAME DEPARTMENT TITLE D.O.H YEARS Leonard Grossberg Health Director of Environmental Health 2/24/1991 25 5 i + ] 4 RECEIVED A� Ic, ti} f '� E FEB 2 4 2016 1`a`" " FEB 2 3 2016 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRA- POLICE DEPARTMENT DATE: March 15, 2016 TO: Honorable Mayor and City Council 01- 11 FROM: Daniel Calleros, Chief of Police RE: A PROCLAMATION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON DECLARING THE WEEK OF MARCH 2O-26, 2016,AS "MULTIPLE SCLEROSIS AWARENESS WEEK". Recommendation It is recommended that the City Council proclaim the week of March 20-26, 2016, as Multiple Sclerosis Awareness Week in support of the National Multiple Sclerosis Society's efforts in mobilizing people and resources to drive research for a cure, and addressing the challenges of those affected by Multiple Sclerosis. Background Multiple Sclerosis ("MS") is an unpredictable and often disabling disease of the central nervous system that disrupts the flow of information between an individual's body and brain. Approximately 400,000 individuals have MS in the United States, and more than 2.3 million are affected worldwide. The National Multiple Sclerosis Society is a national, non-profit organization dedicated to enriching the quality of life for those affected by MS, and provides programs and services to address the challenges faced by many individuals affected by this disease. This proclamation by the Vernon City Council recognizes March 20-26, 2016, as Multiple Sclerosis Awareness Week and calls the observance to the attention of the Vernon community. Attachments: None r r r �j W11 A PROCLAMATION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON DECLARING THE WEEK OF MARCH20 26, 2016, AS MULTIPLE SCLEROSIS AWARENESS WEEK WHEREAS,Multiple Sclerosis(`MS')is a chronic, often disabling disease that attacks the central nervous system and damages or destroys the protective covering surrounding the nerves, leading to reduced communication between the brain and nerve pathways;and WIHEREAS,MS can result in significant health impacts, including visual problems, overwhelming fatigue, dculty with balance and coordination, and various levels of impaired mobility;and WHEREAS, approximatey 400,000 individuals have MS in the United States, and more than 2.3 million are affected worldn4de;and 1V1HER AS, the NationalMultiple Sclerosis Society (the `MS Society')is a national, nonprofit organisation dedicated to enriching the quality of life for those affected by MS;and WIHEREAS, the MS Society provides vital programs and services to assist the MS community in learning about different treatment options, medical equipment distribution, cooling accessories for heat-sensitive individuals, and educational events and activities;and WIHEREAS, the City of Vernon wishes to invite all residents and businesses within the City of Vernon to participate in Multiple Sclerosis Awareness Week to recogni.Ze, understand and support individuals whose lives are affected by MS. NOWT, THEREFORE, THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON, ON BEHALF OF ITS EMPLOYEES, RESIDENTS AND BUSINESSES, HEREBY DECLARES THE WEEK OF MARCH 20-26, 2016,AS MULTIPLE SCLEROSIS AWARENESS WEEK THIS PROCLAMATION IS BEING PRESENTED TO THE NATIONAL MULTIPLE SCLEROSIS SOCIETY BY THE HONORABLE MAYOR W/W,MICHAEL MCCORMICK FOR AND ON BEHALF OF THE CITY CO UNCIL OF THE CITY OF VERNON THIS 157"DAY OF MARCH, TWIO THO USAND AND SIXTEEN. CITY OF VERNON 8y: .W MICHAEL MCCORMICK,Mayor I ` RECEIVED MAR 0 9 2016 STAFF REPORT CITY CLERK'SOFFICE CITY ADMINISTRATION DATE: March 15, 2016 TO: Honorable Mayor and City Council FROM: A.J. Wilson, Interim City Administrato Originator: Lilia Hernandez,Executive As�sto the City Administrator RE: A Proclamation of the City Council Declaring the Month of April 2016 as "DMV/Donate Life California Month" in the City of Vernon. Recommendation A. Approve a proclamation declaring the month of April 2016 as "DMV/Donate Life California Month" in the City of Vernon. Background Donate Life California is the state-authorized nonprofit organization responsible for managing the organ, eye and tissue registry. Their mission is to "save lives by inspiring people to sign up with the state organ, eye and tissue donor registry." Donate Life California represents the four federally designated organ recovery organizations (OPOs) in the state of California and is charged with educating the community about the need and importance for people to register their donation wishes. Through public awareness and education campaigns, Donate Life California informs the public of the need for organ donation and the options available to people who may consider such action. Currently, more than 121,000 individuals nationwide and more than 21,000 in California are on the national organ transplant waiting list, and on average, 22 people die each day while waiting due to the shortage of donated organs. The need for organ donations among Hispanic and African American communities is especially urgent. Millions of lives each year are saved and healed by donors of organs, tissues, marrow and blood. A single individual's donation of the heart, lungs, liver, kidneys, pancreas and small intestine can save up to eight lives; donation of tissue can save and heal the lives of up to 50 others; and a single blood donation can help three people in need. Over twelve million Californians have signed up with the state-authorized Donate Life California Donor Registry to ensure their wishes to be organ, eye and tissue donors are honored. California residents can sign up with the Donate Life California Donor Registry when applying for or Page 1 of 2 7 E I h renewing their driver's licenses or ID cards at the California Department of Motor Vehicles or by signing up at www.donateLIFEcalifornia.or or www.doneVIDAcalifornia.M. i A Donate Life Ambassador will be present at the March 15"' Council Meeting to accept the proclamation on behalf of Donate Life California. Fiscal Impact There is no cost associated with this item. Attachment(s) None Page 2 of 2 } r lip A PROCLAMATION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON DECLARING THE MONTH OFAPRIL 2016AS If-DMV/DONATE LIFE CALIFORNIA MONTH" WHEREAS, organ, tissue, marrow and blood donation are life giving acts recogni.Zed worldwide as expressions of compassion to those in need;and WHEREAS, more than 121,000 individuals nationwide and more than 21,000 in California are currently on the national organ transplant waiting list, and on average,22 people die each day while waiting due to the shortage of donated organs;and WHEREAS, the need for donated organs is especially urgent in Hispanic and African American communities;and WHEREAS, more than 600,000 units of blood peryear are needed to meet the need in California;and WHEREAS, at any given time, 6,000 patients are in need of volunteer marrow donors;and WHEREAS, a single individual's donation of the heart, lungs, liver, kidneys,pancreas and small intestine can save up to eight lives; donation of tissue can save and heal the lives of up to SO others;and a single blood donation can help three people in need;and WHEREAS, millions of lives eachyear are saved and healed by donors of organs, tissues, marrow and blood;and WHEREAS, the spirit ofgiving and decision to donate are not restricted by age or medical condition;and WHEREAS, over twelve million Californians have signed up with the state-authori.Zed Donate Life California Donor Kegisty to ensure their wishes to be organ, eye and tissue donors are honored;and G WHEREAS, California residents can sign up with the Donate Life California Donor Registry when applying for or renewing their driver's licenses or ID cards at the California Department of Motor Vehicles;and WHEREAS, the City of Vernon wishes to invite all residents and businesses within the City of Vernon to participate in DMVI Donate Life California Month and in doing so encourage all Californians to check "YES!"when applying for or renewing their driver's license or ID card, or by signing up at www.donateLlFEcalifornia.org or www.doneVlDAcalifornia.org. NOW, THEREFORE, THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON, ON BEHALF OF ITS EMPLOYEES, RESIDENTS AND B USINESSES HEREBY DECLARES THE MONTH OF APRIL 2016 AS DMVI DONATE LIFE CALIFORNIA MONTH. THIS PROCLAMATION IS BEING PRESENTED TO DONATE LIFE CALIFORNIA BY THE HONORABLE MAYOR W.MICHAEL MCCORMICK FOR AND ON BEHALF OF THE CITY COUNCIL OF THE CI OF VERNON THIS 1 STH DAY OF MARCH TWO THOUSAND AND SIXTEEN. CITY OF VERNON By. � a�rL i W.MICHAEL MCCORMICK,Mayor M i y ' RECEIVED MAR 0 9 2016 STAFF REPORT CITY CLEWS OFFICE CITY ADMINISTRATION DATE: March 15,2016 TO: Honorable Mayor and City Council FROM: AJ Wilson, Interim City Administrato RE: Appointment of Carlos Fandino to Serve as City Administrator and Acceptance of Resignation of Carlos Fandino as Director of Vernon Gas & Electric Recommendation It is recommended that the City Council: A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act(CEQA) review, because it is a general 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. Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Adopt the attached resolution appointing Carlos Fandino to serve as the City Administrator of the City of Vernon, effective March 15, 2016, approving and authorizing the execution of a related at-will employment agreement, and accepting the resignation of Carlos Fandino from his position as Director of Vernon Gas & Electric effective March 15, 2016. Background The City Administrator position became vacant on December 28, 2015, as a result of a retirement. Effective January 11, 2016, the City Council appointed AJ Wilson to serve as Interim City Administrator until the Council completed its recruitment process and filled the position on a permanent basis. Recruitment Process The City Council employed the services of Bob Murray and Associates to conduct a recruitment for the position of City Administrator. Through their efforts in excess of 50 candidates applied and a final group of qualified candidates were selected for interview. Preliminary interviews were conducted in late January and a group of finalists were presented to the City Council for their consideration. The City Council conducted final interviews at a special City Council meeting held on February 18"'. After thorough consideration and deliberation, the City Council unanimously determined Carlos Fandino to be the best-qualified candidate to meet the needs of the City for the position of City Administrator. As such, the City Council directed the City Attorney to pursue the employment of Carlos Fandino as the City Administrator of the City of Vernon, subject to approval of an At-Will Employment Agreement. At-Will Employment Agreement The At-Will Employment Agreement for City Administrator has been executed by Mr. Fandino and is attached hereto as Exhibit B of the resolution for City Council's approval. The Agreement is consistent with other City of Vernon executive employment agreements. The Agreement establishes an effective date of March 15, 2016, and a minimum starting salary of$279,468 per year, plus all benefits provided to executive personnel. Candidate Background Carlos R. Fandino, Jr. began his career as a public servant in 1989 working for the City of Vernon. Over the past 27 years, he has functioned in several capacities within Vernon Gas and Electric. Mr. Fandino was promoted to supervisory and managerial positions with increasing levels of responsibility within the department, culminating with the Director of Gas and Electric role for the last five years. While serving in the US Marine Corp, Mr. Fandino attended USMC Engineering School and graduated as an 1141 Electrician. And, upon the conclusion of his military career, Mr. Fandino went on to obtain a Bachelor of Science degree in Business &Management, graduating with Magna Cum Laude honors. Given Mr. Fandino's qualifications, work experience, and familiarity with the City of Vernon, he is well suited to meet the needs of the City. He has refined a flexible, comprehensive set of talents that will be useful as he assumes the City Administrator role for Vernon. He accepts his new assignment prepared to tackle the challenges that lie ahead and celebrate the successes that exist on the horizon. Vacation of Director of Gas & Electric Position Mr. Fandino will resign as the Director of Vernon Gas & Electric effective March 15, 2016. Appointment and Oath of Office Mr. Fandino will be in attendance at the March 15, 2016 City Council meeting for his appointment to the position of City Administrator. He will be prepared to take the oath of office and assume the duties of City Administrator at that time. Fiscal Impact The approximate annual cost to fill the City Administrator position as proposed in this staff report is $363,555 (salary of $279,468, plus fringe benefits). The approximate cost for the remainder of this fiscal year is $106,037, and sufficient funds are available in the budget for FY 2015-2016. RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING CARLOS FANDINO TO SERVE AS THE CITY ADMINISTRATOR OF THE CITY OF VERNON AND AUTHORIZING THE EXECUTION OF A RELATED AT-WILL EMPLOYMENT AGREEMENT AND ACCEPTING THE RESIGNATION OF CARLOS FANDINO FROM HIS POSITION AS DIRECTOR OF VERNON GAS & ELECTRIC WHEREAS, the City Administrator position became vacant on December 28, 2015, as a result of a retirement; and WHEREAS, on January 19, 2016, the City Council of the City of Vernon adopted Resolution No. 2016-02 affirming the appointment of Arnold Jesse Wilson to serve as Interim City Administrator until the Council completed its recruitment process and filled the position on a permanent basis; and WHEREAS, the City retained the services of Bob Murray & Associates ("Bob Murray" ) to conduct a recruitment for the City Administrator position; and WHEREAS, Bob Murray created an executive recruitment brochure for the position (attached hereto as Exhibit A) and conducted a broad and extensive recruitment that included multiple screenings and interviews of numerous applicants; and WHEREAS, the City Council conducted final interviews at a special City Council meeting on February 18 , 2016; and WHEREAS, the City Council of the City of Vernon determined Carlos Fandino ("Fandino" ) to be the most qualified candidate and directed the City Attorney to pursue the employment of Fandino as the City Administrator of the City of Vernon, subject to the execution of an At-Will Executive Employment Agreement (the "Agreement" ) , consistent with the form of Agreement adopted by the City Council for non-safety executives; and WHEREAS, the City Council of the City of Vernon desires to appoint Fandino to serve as City Administrator and approve the Agreement and authorize the execution thereof, and accept the resignation of Carlos Fandino from his position as Director of Vernon Gas & Electric . 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 exempt from California Environmental Quality Act (CEQA) review, because it is a general 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 . Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061 (b) (3) , the general rule that CEQA only applies to projects that may have a significant effect on the environment . SECTION 3 : The City Council of the City of Vernon hereby appoints Carlos Fandino to serve as the City Administrator of the City of Vernon, effective March 15, 2016 . SECTION 4 : The City Council of the City of Vernon hereby approves and authorizes the execution of the At-Will Employment Agreement with Fandino to serve as City Administrator of the City of - 2 - Vernon, a copy which is attached hereto as Exhibit B. SECTION 5 : Fandino voluntarily resigns from his position as Director of the Vernon Gas & Electric Department, effective March 15, 2016, and City accepts Fandino' s resignation. SECTION 6 : The City Clerk, or any authorized officer, shall administer the Oath of Office prescribed in the Constitution of the State of California to Fandino and shall have him subscribe to it and file it with the Human Resources Department. SECTION 7 : The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk' s designee, to give a fully executed Agreement to Fandino. 3 - SECTION 8 : 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 15th day of March, 2016 . Name : Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: JI/I ZaynL i =it =ussa, Deputy City Attorney 4 - STATE OF CALIFORNIA ss COUNTY OF LOS ANGELES I, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing 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, March 15, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of March, 2016, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 5 - EXHIBIT A CITY OF VERNON, CA INVITES YOUR PROF f INTEREST IN ` 5, THE POSITION OF CITY - - - ADMINISTRATOR 4 *fL - f: •a f J ~d4p ' yY BOB MURRAY & ASSOCIATES �� EXPCMTII iN �XCC4T9Y[ �CARGN The City of Vernon is an industrial city of THE5,2 square miles located CITY COMMUNITY about five miles to the GOVERNMENT �1�!y southeast of downtown �l The City of Vernon is an industrial city Los Angeles. The City Council consists of five of 5.2 square miles located about five members, elected at-large, who miles to the southeast of downtown Los serve five-year staggered terms. Angeles. Founded in 1905 as the first exclusively The City Council annually ap- industrial city in the Southwestern United States (its residential points a Mayor and a Mayor Pro population is 200). Vernon currently houses more than 1 ,800 Tern from its own membership businesses that employ approximately 50,000 people, serving to serve one-year terms. as a vital economic region. The City's total budget for Vernon offers an environment uniquely friendly to business and is F' 2015-16 is $340.2 million home to many Fortune 500 companies in industries that include (the General Fund budget is food and agriculture, apparel, steel, plastics, logistics and home $58.6 million)with approximately furnishings. Vernon maintains strong philanthropic ties with the 250 employees. Plans are under- neighboring communities where much of its workforce lives, way for refinancing some of the providing significant support for public services such as health care City's bonds and interest rate and education. swaps which should improve the City's cash position and its ability Vernon's new housing project, Vernon Village Park was completed in to fund needed infrastructure proj- mid-20 15, with 50 new units bringing in around 125 new residents, ects, and reduce fiscal volatility. virtually doubling Vernon's population. The departments include a Fire The Huntington Park soccer field renovation which Vernon largely Department (Class 1), Police funded (with a contribution of$700,000 from the Community Fund Department, Finance Depart- Good Neighbor Program) has been completed and is open for play. ment, Public Works, Water and In the past five years, Vernon has undergone tremendous change. Development Services Depart- Through the City's implementation of more than 150 good ment, Gas and Electric Depart- governance reforms, Vernon has billed itself as "Exclusively ment, and Health and Environ- Industrial" for nearly 110 years, and has firmly established itself as mental Control Department, a model City for good governance, Present bargaining units recog- and transparency in South- nized include the Vernon Police east Los Angeles County. Officers Benefit Association, Ver- non Police Management Associa- tion, Vernon Firemen's Associa- f , tion,theVernonFireManagement a y Association, International Broth- erhood of Electrical Workers Lo- cal 47, and Teamsters Local 91 1 . THE IDEAL - The selected candidate will be CANDIDATE - VP =— -- politically astute yet apolitical The City of Vernon is "1111mfd VOtt`e with excellent financial manage- currently seeking a ment skills. A candidate who can City Administrator who provide balanced recommenda- will serve under the tions to the City Council, and who administrative direction can focus on both immediate of the City Council. and future needs will be well- The selected candidate suited for this position. A high will be responsible for lead- energy, ambitious leader who ing, planning, directing, and evalua- can fill a lot of roles simultane- tion of the City's operations, programs, priorities, projects, and ously will excel in this position. In policies. addition, the selected candidate will possess a broad level of The ideal candidate must be willing to lead the efforts to maximize municipal experience, with a skill the efficiency of City services and assure all operational activities set in various governmental op- comply with the policies, procedures, and goals that have been erations including evaluating the established. The selected individual will be responsible for the organization with an emphasis on day-to-day administration of all City affairs placed within the City best practices and transparency. Charter. Transparency will continue to be a high priority for the City. The selected candidate must have a demonstrated experience level Candidates applying for this posi- in this important aspect of leadership, and an open and direct tion will possess a bachelor's communication style. degree; with a Masters preferred. The City would benefit from a visionary leader and strategic planner THE who can maintain and build upon the services provided COMPENSATION by the city. The City Council desires an individual The salary range for City Ad- who will have a thorough understanding of ministrator is $241 ,404 - financial and internal municipal financial The City would $293,436 and is depen- reports. The incoming City Administrator will benefit from avisionary dentupon qualifications. keep the Council well informed on current leader and strategic planner In addition, benefits are who can maintain and build financial affairs. Experience in economic upon the services provided provided which include: development, and business retention will be by the city. vacation, holidays, sick an asset. The city seeks an individual who is leave and administrative comfortable in working with both elected and leave; medical, dental, vision staff members at the state level;to ensure the City's and life insurance coverage being well represented with the legislators on matters paid by the City for the employee; that may effect Vernon, now and in the future. pre-tax supplemental insurance plans offered through AFLAC and Colonial; the TO APPLY option of participating in a Section 125 IRS Plan for If you are interested in this out- reimbursement of dependent care and medical costs; standing opportunity, please visit retirement through the California Public Employees our website at: Retirement System (CalPERS), with a 2.7% at 55 formula for classic members (classic employees pay an 8% contri- www.bobmurrayassoc.com bution) and a 2% at 62 formula for new members (new to apply online. employees pay at least 50% of normal costs); 457 deferred Filing Deadline: compensation plan available at employee cost (City does not December 20:5 contribute); credit union membership available. The City A �4- 10 work schedule. Following the closing date, resumes will be screened according to the qualifications outlined above. The most qualified candidates will be invited to personal interviews with Bob Murray and Associates. Candidates will be advised of the z status of the recruitment following finalists' selection. Finalist inter- views will be held with the City of Vernon. A select group of can- didates will be asked to provide references once it is anticipated that they may be recommended as finalists, References will be contacted only following candi- date approval. If you have any questions, please do not hesitate to call Mr. Fred Freeman at: (916) 784-9080 i BOB MURRAY & AsSOCIATEs �xt+�ta`r��w�xr:�uxwt'.eAwn�r EXHIBIT B AT-WILL EMPLOYMENT AGREEMENT (NON-SAFETY) BETWEEN THE CITY OF VERNON AND CARLOS FANDINO This Agreement is between the City of Vernon ("City") and Carlos Fandino ("Employee"). Recitals City desires to employ Employee as an at-will employee in the position of City Administrator. Employee desires to be the City Administrator and acknowledges that such employment is at-will. The City Council, pursuant to the authority granted by the City of Vernon Charter, agrees to hire Employee, as an at-will employee, subject to the terms and conditions identified below. Employee and City agree that, upon the effective date of this Agreement, Employee voluntarily resigns from his position as Director of the Vernon Gas & Electric Department, and City accepts that resignation. Employee agrees that he is not entitled to any severance payment as a result of his voluntary resignation from the Director of the Vernon Gas & Electric Department position. AGREEMENT Section 1: TERM The effective date of this Agreement shall be March 15, 2016. Either party may terminate this Agreement pursuant to the provisions set forth below. Employee is an at-will employee and may be terminated, with or without cause, upon thirty (30) days written notice. Employee may resign with sixty (60) days advance notice as set forth in Section 8 below. Section 2: DUTIES A. City engages Employee as the City Administrator to perform the functions and duties specified in the job description for the position (Attachment "A", incorporated herein by this reference), as the same may be modified by the City Council, from time to time, and to perform such other legally permissible and proper duties and functions as the City Council shall, from time to time, assign. B. Employee agrees that to the best of his ability and experience that he will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations of the State of California and the United States. C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City Council, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement. D. During the term of this Agreement, Employee is required to have and maintain a valid California Driver's license. E. Employee acknowledges that in connection with the performance of his duties, he will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that he will not disclose such confidential information other than to officers and employees of the City who have been authorized to have access to such information. Employee further agrees that if he has a question as to the confidentiality of information obtained in the course of his employment, he will contact the City Attorney for advice. Section 3: EXCLUSIVE EMPLOYMENT Employee agrees to focus his professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in any other business pursuits, whatsoever, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, for compensation, without the prior written consent of the City Council. This does not preclude Employee from volunteering his services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement. Section 4: COMPENSATION As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than $23,289.00, per month, payable in twenty-six (26) biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. Salary adjustments (merit increases), if any, in Employee's salary during the term of this Agreement shall be at the sole discretion of the City Council based upon the City Council's evaluation of Employee's job performance and within the base salary range established by the City Council or as otherwise approved by the City Council. Any and all adjustments shall be in accordance with City personnel policies and procedures. Employee's salary shall be reflected in the City's publicly available salary schedule. Section 5: BENEFITS A. Retirement As an employee of the City of Vernon, Employee will be enrolled in the California Public Employees Retirement System (PERS) retirement plan, as such plan may be amended by the City Council. As of the date of this employment agreement, such plan includes the 2.7% @ 55 benefit formula for"classic" miscellaneous employees or the 2.0% at 62 benefit formula for "new" miscellaneous employees. The Employee pays for the employee contribution to PERS. B. Other Executive Management benefits Employee shall receive all benefits specified by the then current Resolutions of the City Council of Vernon for Executive Management Staff, including, without limitation, those related to Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental Insurance, Life Insurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation, and other types of leave in accordance with the Personnel and Policies and Procedures Manual. -2- Section 6: TERMINATION AND SEVERANCE PAY A. Employee is an at-will employee and serves at the will and pleasure of the City Council and may be terminated at any time, without cause, subject to the conditions of paragraphs B and C of this section. B. In the event that Employee is terminated by the City Council for reasons other than physical or mental incapacity, and other than those reasons noted in paragraph E, below, the City agrees to pay the employee a severance package equal to six (6) months of base salary. C. To be eligible for severance pay, as identified in paragraph B, of this section, Employee shall fulfill all of his obligations under this Agreement and shall sign acknowledgment and release of claims against the City. Such acknowledgement and release appears as Attachment "B" to this Agreement. D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the acknowledgement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee is terminated due to retirement, insubordination, incapacity, dereliction of duty, addiction to a controlled substance or alcohol, conviction of a crime involving moral turpitude or involving personal gain to him or abuse of his office or position or any felony or for a breach of this Agreement, City shall have no obligation to pay any severance provided in this section. Furthermore, Employee agrees that any severance provided shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position. F. Upon termination, Employee shall be paid for all earned, but unused, vacation time. Section 7: EXECUTIVE COMPENSATION LIMITATIONS If Employee is paid leave salary during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. If Employee is provided funds for any legal criminal defense during his employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position. If this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. Section 8: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided he is eligible for retirement, at any time. Employee agrees to provide sixty (60) calendar days advance written notice of the effective date of his resignation or retirement. In the event Employee retires or resigns, Employee shall be entitled to payment for earned, but unused, vacation time, but not to severance pay as delineated in Section 6, paragraph B, above. -3 - Section 9: DISABILITY If Employee is permanently disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City's option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide reasonable accommodations as required by law. Nothing in this Section shall be construed to limit or restrict Employee's benefits or rights under workers' compensation or the Public Employees Retirement System ("PERS"). However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 6 of this Agreement. In cases of disability, Employee shall be compensated for any earned, but unused, vacation leave. Section 10: GENERAL PROVISIONS A. Notice Any notices required by this Agreement shall be in writing and either delivered in person or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice shall be addressed as follows: TO CITY: City Council City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Carlos Fandino B Entire Agreement The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications understanding or agreements between the parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the City Council and approved as to form by the City Attorney. C Assignment This Agreement is not assignable by either the City or Employee. D Severability+ In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall -4- remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. E. Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. F. Jurisdiction Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County. G. Effective Date This Agreement shall take effect on March 15, 2016. [Signatures Begin on Next Page]. -s- IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by its City Council, and executed by the Employee. City of Vernon, a California charter City and California municipal corporation Dated: By: W. Michael McCormick, Mayor ATTEST: Maria E. Ayala, City Clerk Approved as to form: Hema Patel, City Attorney -6- In signing this Agreement, Employee understands and agrees that his employment status is that of an at-will employee and that his rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Vernon which might otherwise apply to employees of the City. Employee further acknowledges that he was given the opportunity to consult with an attorney prior to signing this Agreement. Signed: Dated: Carlos Fandino, Employee -7- ATTACHMENT A Job Description -8- r} 5 i 14 C JOB DESCRIPTION City Administrator Date Prepared: March 2014 Class Code: 1010 SUMMARY: Under administrative direction of the City Council, serves as the Chief Staff Advisor for the City of Vernon; responsible for leading, planning, directing, and evaluating the City's operations, programs, priorities, projects, and policies; leads efforts to maximize the efficiency of City services and assures all operational activities comply with City policies, procedures, and goals. ESSENTIAL FUNCTIONS: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class,- employees maybe 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: • Serves as the principal advisor to the City Council; exercises independent judgment within broad policy guidelines; evaluates City issues, and develops reports to effectively communicate plans and City Council actions required to meet City needs; assures the efficient delivery of high quality public services. • Exercises independent judgment within broad policy guidelines; evaluates operational issues, and recommends solutions to improve the City's operations; works independently and makes appropriate decisions based on knowledge of City Council goals. • Meets regularly with staff to discuss and resolve assignments, priorities, workload, staffing, budgets, technical issues, quality standards, and services; motivates and evaluates staff, and provides leadership, direction, and guidance in operational plans and priorities; assures all operational activities are in compliance with City policies and procedures, and state and federal regulations. • Implements policies and plans to meet City Council goals and directives; interprets concerns, defines desired results, develops solutions, determines scope and priorities of projects, and communicates status of projects and organizational issues. • Monitors City operations, analyzes operational information, evaluates trends, and develops plans to meet goals and future needs; assigns resources required to meet organizational issues and City Council goals; reviews and monitors status reports, and directs appropriate actions; prepares and presents status reports to City Council, and assures effective communication of operational issues. • Directs, leads, and motivates City staff, and evaluates performance; encourages interactive dialogue throughout the organization, and effectively addresses personnel issues in order to promote a productive and healthy work environment. • Directs development of City budget, approves expenditures, manages contracts and agreements. • Meets with City committees, commissions, and residents to discuss and resolve issues; coordinates projects and regional issues with local officials, agencies, community organizations, and advocates. • Manages public information and community relations activities; represents the City's interests to key stakeholder groups, advocates, regional agencies, organizations, boards, and commissions. • 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. City Administrator Vernon CA 1 of 2 MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Bachelor's Degree in Finance, Business, Public Administration or related field; AND seven years of experience managing government operations Knowledge of: • City organization, operations, policies, and procedures. • Federal, State and City laws, rules, regulations, and ordinances governing municipalities. • Duties, powers, authorities, and limitations of a City Administrator. • Principles and practices of local government administrative management, including personnel rules, procurement, finance, budgeting, contract and risk management, performance management, and evaluation of public sector programs, policies, and operations. • Strategic planning techniques for the economic, financial, and environmental needs of the City. • Legal, ethical, and professional rules of conduct for municipal government officers. • Current political and economic trends in state and federal government. • Techniques and methods for long-range strategic and financial planning. • Techniques and practices for efficient and cost effective management of resources. • Business computers, and standard and specialized software applications. Skill in: • Assuming executive-level responsibilities, projecting consequences of proposed actions, and making appropriate decisions, while assuring compliance with City goals and objectives. • Analyzing complex administrative and operational issues, interpreting laws and regulations, evaluating alternatives, and developing recommendations, strategies, and operational improvements. • Analyzing City needs, and prioritizing and promoting operational strategies to meet future needs. • Preparing and administering the City budget. • Interpreting and applying municipal policies and procedures. • Presenting and defending operational reports and information in public meetings. • Analyzing problems, resolving disputes and conflicts, and developing effective solutions. • Using initiative and independent judgment within established procedural guidelines. • Assessing and prioritizing multiple tasks, projects and demands. • Managing staff, delegating tasks and authority, and coaching to improve staff performance. • Establishing and maintaining cooperative working relationships with City employees, elected officials, community groups, advocates, and representatives from other local, state, and federal agencies. • Communicating effectively verbally and in writing. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License may be required. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment. City Administrator Vernon CA 2 of 2 ATTACHMENT B ACKNOWLEDGEMENT AND RELEASE This is to confirm that on this date I have received severance pay in the amount of $ pursuant to my employment agreement with the City of Vernon. I acknowledge that, in accepting such severance pay, I am releasing the City, its employees, officers and agents, from any and all claims of any kind or nature I had or may have had against the City arising from my employment with the City, including but without limitation, age discrimination claims under the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act. I further acknowledge that this Acknowledgment and Release releases the City from and waivers any claims I may have against the City, its employees, officers and agents, stemming from my employment relationship, including the severance thereof, to the fullest extent permissible under the law. I further acknowledge that this waiver extends to all claims, known and unknown, relative to my employment with and cessation of my employment with the City. I specifically waive the application of Civil Code §1542, which provides: A general release does not extent to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. I have had the opportunity to consult with legal counsel relative to this Acknowledgement and Release, and I had a reasonable period of time within which to consider signing this Acknowledgement and Release. I have signed this Acknowledgement and Release voluntarily and willingly. Dated: Employee -9- a) 0 0 0 o O W c 0 � Ln cfl co co a '� C) r a a N r c o r �♦ O N O 0 O id a U r- Q }- U a) N C N N V N V U) C ) Co � O O 0 O' U� Lo O O CO m CO N O C) N C CF) N Ir- T N 3 d9 69 <fl b9 49 O O O O O O Z O c c c c C: o a) 0 0 0 0 0 LU m m m O U Q Q c C c c O a 0 00 N co LO co cow co co (D 0`00 o A O O O O O Z Z Z Z Z �o U c -�e U U U U U m a) m a) a) W '-' 0) � (1) (1) (L) (1) W 0 — O O O O O O L) "a "Q -0 -0 -0 v� Z 0 L m o 0 0 0 0 a) L N Z d ? p O O O O O + CV tl- O') 0 - . 0 U N O O O O O M Z Z Z Z ZCD r ca O T a) (D a) (1) O O O N x N N N C ti s ' c� N (1) a) (1) () a) y V � - � c� � Q O = f4 � C V V O M iF VC (D C M C I O L � U L a) U cn L (� C M O M m y m O r MM -0 C: tCDtQt2t t {> MCl) c13 cn m � M o C) ZUccUCDC..) IC..) 0 W 0 r N cr) LO �+`` ❑ uL - CITY Gf VERNON - ACCOUNTS PAYABLE CHECK NO. 348588 NN40KUE;NUMBER VATE P a taxtBFR ---` 4i0N - OWAXK IFT AUOLW- 8326 01/05/2015 Graphic Kits 0.00 965.80 � G ' Z 965.80 PLEASE DETACH BEFORE 9POSITING City of Vernon 2MMU w67Wi DR.2POfLOOR ikliu 4305 Santa Fe Ave swu,R�o.c�9noe sazc Vernon.CA 90058 �• :� , ~�` 4 C (323)583-8811 DATE + CHECKAMOUNT ,T 001963 09/01/2015 348588 965.80 PAY Nine Hundred Sixty Five Dollars and Eighty Cents TO THE NORTH STAR GRAPHICS ORDER 12126 WOODRUFF AVE OF DOWNEY, CA 90241 CITY OF VERNON ACCOUNTS PAYABLE CHECK NO. 349392 INVOICE NUMBER DATE P.Q.NUMBER DESCRIPTION QIWOUNT AY13UNT 110915 11/09/2015 EXPENSE REIMBURSEMENT 0.00 22.54 n Z✓ o V U (D f L aS-A k- 22.54 PLEASE DETACH BEFORE DEPOSITING r , vArAa�t r,pOW.. •,.t••• City of Vernon EAST WEST SAW "K.-WTWITON OR un FLOOR 4305 Santa Fe Ave SANMKRiW C:.91105 :<- h i Vernon. CA 90058 •t �� 1323i 583-8811 NUN" PATE ,ate CHECKAMOUNT 003639 12/0112015 349392 22.54 PAY Twenty Two Dollars and Fifty Four Cents TO THE BARCIA ANA V. ORDER 23968 MINNEQUA DR DIAMOND BAR. CA 91765 OF � Aj ti.v>~ a CUSP — _" CITY OF VERNON ACCOUNTS PAYABLE CHECK NO. 349693 -N v0cE1rIlMBBt ep% 0E6C3tFrM -- 120915 1210912015 Vernon Housing Commission: 1219/15 0.00 100.00 f ti N h 100.00 PLEASE DETACH BEFORE DEPOSITING FAVA&E T04io")+ a••• `t City of Vernon LAST WEST BAW • ~ i t xo sRON u 0 1R24305 Santa FeAve u aINOa6 3N Vemon,CA 90058 (323)$83 8811 il#w ` <:,:DATE 44 y ©098 101/05/20161 349693 1 d0.00 PAY One Hundred Dollars and No Cents TO THE GARCIA, HECTOR NON-NEGOTIABLE ORDER 9338 STONEYBROCK PLACE OF RANCHO CUCAMONGA, CA91730 NON-NEGOTIABLE COPY COPY COPY C 0PY COPY CITY OF VERNON ACCOUNTS PAYABLE CHECK NO. 349855 'WJoICE Nt SFR —7 F P O NUMBER DESCJi pDow DISCOUNT AMOUNT 121615 12i16 2015 Green Vernon Commission: 12116J15 0.00 100.00 1� � k_ 31 Ik 100.00 PLEASE DETACH BEFORE DEPOSITING r ~ V PAIh4'-E T3IRD ,��R•. City of Vernon EAST WESTEST .2aAW zoea au FLOOR 6-'038 ~ 4305 Santa Fe Ave SAN MARINo CA o„oe 1220 c: Vernon.CA 90058 (323)583 8811 DER DATE GHECKAM_CIJNT 'rzrr 004498 01/19/2016 349855 100.00 PAY One Hundred Dollars and No Cents TO THE HECTOR GARCIA NON-NEGOTIABLE ORDER 9338 STONEYBROCK PLACE OF RANCHO CUCAMONGA. CA91730 NON-NEGOTIABLE COPY COPY COPY CITY OF VERNON ACCOUNTS PAYABLE CHECK NO. 349933 INVDICEMWOM 'DATE P.O.NUMBER - -OESCRimoN DiSCOUkT - AAIDUNT' 011116 01/11/2016 2016 LABOR RELATIONS CONFERENCE 000 220.00 1 r I 220.00 PLEASE DETACH BEFORE E)EPOSITING PAYABLE THROUGH �i.'•••.` City of Vernon ��,�FLOOR 4305 Santa Fe Ave S&NUAR0/0-CA91106 7220 Vernon,CA90058 (323)583-8811 DATE -CHECKAMOUNT ��'►+z.n�"� 005198 0112112116 349933 220.00 PAY Two Hundred Twenty Dollars and No Cents TO THE SCPLRC CONFERENCE REGISTRATION NON-NEGOTIABLE ORDER P.O. BOX 4750 OF CERRITOS, CA90703-4750 NO ;_NE—GOTIABLE Cop COPY COPY W � 4 CV T U N N U5 W C — N O N N (j a © L o LO 00 W N r N N � `a• �2 v O 4- O 0 O C C C Z3 Z) > m m z o c c c L! a) co o � O t- e0 r- U lid LO L() D a L z z z �O o -�c _c �c 0 0 cn > > > Y, unQ r -0 -2 -a L16W i 3 O O O a � L 0 0 0 Lu o � It � y z c a o � a L) -C � z z z zL L L i y 0 L6 E LL U ❑ t c r cn cn cn m = U M a) L m (1) M M s CD 2 O N p = m MNO } }+ 'M, 0 M @ W L E 0 +. E 3 3 .c O LU 0U Oz 0LL - � � � orL0 � o v _ -0 c -0 � _0u-) -0Lo c m c c c G � E �, co cmN cmo N ._ N N cc 0 J r J r J r G 1� v a 0 w m N ❑ w CITY OF VERNON,LIGHT&POWER ACCOUNTS PAYA&E CHECK NO. 511765 wyoICE WAmm PATE P-O:Nuxle i DESCRIPnON DMOOUNT AMOUNT 111915 11/19/2015 EXPENSE REIMBURSEMENT 0.00 24.40 V\2' J 1 f V r b 24.40 PLEASE DETACH BEFORE DEPOSITING a.r.BrE r.gpu^i, ..��. 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Wilson, Interim City Administrator Originator: Lilia Hernandez, Executive AQ- t to the City Administrator RE: Report on FY 2015/2016 Docket III Grants Awarded by Vernon CommUNITY Fund Grant Committee Recommendation A. Receive and file this report as it is being provided for informational purposes only pursuant to Section 2.167(e) of the Vernon Municipal Code. Backuround On February 17, 2016 the Vernon CommUNITY Fund Grant Committee (Grant Committee) held its third grants award meeting for the 2015/2016 Fiscal Year. There were four grant applications on the third docket (listed below) and all four were approved by the Grant Committee at the amounts and terms recommended: Original Amount Amount Proposed Applicant Requested Recommended Term Girl Scouts of Greater Los Angeles $60,000 $35,000 1 year Self Help Graphics & Arts $50,000 $40,000 1 year Los Angeles Center for Law and Justice $50,000 $50,000 1 year Neighborhood Music School Association $50,000 $50,000 1 year Total $210,000 $175,000 Section 2.167(e) of the Vernon Municipal Code requires the Grant Committee Executive Director(City Administrator) to provide the City Council a report of the grant related actions taken by the Grant Committee within 30 days of any regular meeting and within 15 days of any special meeting at which grants are awarded. Page 1 of 2 Fiscal Impact The total recommended grant award amount of $175,000 is included in the 2015/2016 City Budget and is within the recommended quarterly allocation of approximately $187,500 for this fiscal year. Attachment(s) None Page 2 of 2 of ver DECEIVED 01t$F to MAR o 7 zo16 OP � � F ~* p 0 j- CIYYADMINIS I OCOCO FIRE DEPARTMENT Michael A.Wilson,Fire Chief 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 Fax (323)826-1407 March 7, 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 February 16, 2016 through February 29, 2016. Respectfully Submitted, 'w 414,06 Michael , Nilson Fire Chief M :ar Fireletnow Ey,,cfusivefy Industriaf VERNON FIRE DEPARTMENT COMPANY ACTIVITIES February 16,2016 to February 29, 2016 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections (#): 24 200 62 227 Re-Inspections (#): 16 55 7 23 Spec. Haz. Inspections (#): 0 17 0 7 Total Inspections: 40 272 69 257 Total Man Hours: 78 432 92 319 TRAINING (HOURS Firefighting 86 368 74 328 Hazardous Materials 33 161 16 107 Safety ill 504 103 496 Apparatus Operations 113 509 104 493 Equipment Operations 114 511 104 479 CPR 0 13 5 22 First Aid 20 99 26 101 Total Hours: 477 2165 432 2026 PRE-INCIDENT(HOURS): Planning 98 345 69 328 District Familiarization 90 367 73 347 Total Hours: 188 712 142 675 PERIODIC TEST (HOURS Hose Testing 0 26 0 1 Pump Testing 0 10 0 3 Total Hours: 0 36 0 4 Page 1 PUBLIC SERVICE PROGRAMS (HOURS) School Programs 0 8 0 5 Fire Brigades 0 8 0 4 Emergency Preparedness 9 45 11 54 Total Hours: 9 61 11 63 ROUTINE MAINTENANCE (HOURS): Station 107 481 101 483 Apparatus 108 496 103 488 Equipment 114 499 107 497 Total Hours: 329 1476 311 1468 Grand Total Hours: 1081 4882 988 4555 Tireactivity Page 2 e 0 N a 0 z ul 2 CL Ln, DC �� N L N C � w N 2 Q V m C . . w � m � o �I O N O •A m NMI CL c r 2 d F- A ++ z F � 0 � o9L z = Ln &A 0 wt' N N r r r N r %D r M r r fn N r Ln r r r r r r r I%. !V r r r CD 0 • G a.+ • C O aa-' • o v � � �' OCR x a z �LA'' � �y�'Ja a co AZ° 3 F a a r m Ed d C ' Y V=f '� D:' O u1 0 OC +t- 47 47 C s -1 m Q a i , n Zj Z p[ Q ti O J J sC Q Q s �` H muaGuUF � Z L C � en Z J > > 3 °" Qu x a Y E Q Q +�+ 6- L V N Y m au v—,iHHa�+ P � 5uu° � zzwc=n n » 33 = W W W W W W W W W W W W W LL W U. N. W !L. li U. W 4. N- W W W V9 0 0 Incident Type Incident Date PREVENTION FOLLOW-UP? Shift 322 Motor vehicle accident with injuries 02/16/2016 00:22:06 No 324 Motor vehicle accident with no injuries 02/16/2016 09:35:14 No 744 Detector activation, no fire- unintentional 02/16/2016 09:41:06 No 321 EMS call, excluding vehicle accident with inju 02/1 61201 6 1 3:14:05 No 400 Hazardous condition, other 02/16/2016 16:19:52 No 410 Combustible/flammable gas/liquid conditn,other 02/16/2016 16:33:00 No 321 EMS calf, excluding vehicle accident with inju 02/16/2016 21 A6:28 No 411 Gasoline or other flammable liquid spill 02/17/2016 02:07:50 No 321 EMS call, excluding vehicle accident with inju 02/17/2016 07:27:14 No 322 Motor vehicle accident with injuries 02/17/2016 07:33:42 No 321 EMS call, excluding vehicle accident with inju 02/17/2016 09:31:40 No 321 EMS call, excluding vehicle accident with inju 02/17/2016 12:41:55 No 611 Dispatched &canceled en route 02/17/2016 17:01-49 No 622 No incident found on arrival at dispatch addr 02/18/2016 09:49:47 No 741 Sprinkler activation, no fire - unintentional 02/18/2016 16:35:51 No 551 Assist police or other governmental agency 02/1812016 21:28:22 No 740 Unintentional transmission of alarm, other 02/18/2016 22:42:43 No 311 Medical assist, assist EMS crew 02/19/2016 12:17:28 No 741 Sprinkler activation, no fire - unintentional 02/1912016 15:02:48 No 700 False alarm or false call, other 02/20/2016 06:44:47 No 700 False alarm or false call, other 02/20/2016 14:22:33 No 300 Rescue, EMS incident, other 02/20/2016 22:29:09 No 745 Alarm system activation,no fire,unintentional 02/21/2016 06.23:22 No 322 Motor vehicle accident with injuries 02/21/2016 12:39:33 No 321 EMS call, excluding vehicle accident with inju 02/22/2016 04:50:22 No 551 Assist police or other governmental agency 02/22/2016 05:18:19 No 324 Motor vehicle accident with no injuries 02/22/2016 07:23:46 No 324 Motor vehicle accident with no injuries 02/22/2016 07:44:25 No 321 EMS call, excluding vehicle accident with inju 02/22/2016 08:10:12 No 540 Animal problem, other 02/22/2016 17:03:56 No 611 Dispatched &canceled en route 02/22/2016 18:59:29 No 02/221201619:05:30 No 622 No incident found on arrival at dispatch addr 02/22/2016 19:45:10 No 321 EMS call, excluding vehicle accident with inju 02/22/2016 21:33:55 No 151 Outside rubbish, trash or waste fire 02/23/2016 00:34:48 No 551 Assist police or other governmental agency 02/23/2016 05:18:34 No 600 Good intent call, other 02/23/2016 05:30:55 No 600 Good intent call, other 02/23/2016 10:42:11 No 700 False alarm or false call, other 02/23/2016 10:43:51 No 442 Overheated motor 02/23/2016 15:18:38 No 321 EMS call, excluding vehicle accident with inju 02/24/2016 13:08:50 No 321 EMS call, excluding vehicle accident with inju 02/24/2016 13:35:01 No 741 Sprinkler activation, no fire - unintentional 02/24/2016 14:14:40 No 600 Good intent call, other 02/24/2016 17:32:03 No 700 False alarm or false call, other 02/24/2016 18:13:27 No 522 Water or steam leak 02/25/2016 07:51:14 No 611 Dispatched & canceled en route 02/25/2016 22:31:19 No 520 Water problem, other 02/26/2016 00:49:28 No 700 False alarm or false call, other 02/26/2016 %11:22 No 324 Motor vehicle accident with no injuries 02/27/2016 01:30:07 No 700 False alarm or false call, other 02/27/2016 04:52:50 No 741 Sprinkler activation, no fire-unintentional 02/27/2016 13:56:31 No 571 Cover assignment, standby, moveup 02/28/2016 13:49:20 No 321 EMS call, excluding vehicle accident with inju 02/28/2016 14:31:36 No 736 CO detector activation due to malfunction 02/28/2016 15:23:49 No 321 EMS call, excluding vehicle accident with inju 02/28/2016 21:04:03 No 611 Dispatched & canceled en route 02/28/2016 21:55:59 No 550 Public service assistance, other 02/29/2016 09:24:45 No 324 Motor vehicle accident with no injuries 02/29/2016 17:37:43 No �o 0 N n O O z w I � t CL r• as �� DC ii N w Ln N o � Q V � C � N MEN a IL z � L6 0 z a wr r r N r M r r N r p N r S ! d d Z ~ OIL °LLJ a � d � a0ZZO �� oc o aIaz �B pia Z r b aRE 9 u W liJ y�j U S pip LL U. a oC aC 2 O a, L. 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LL W w IL IF r Health and Environmental Control Department RP EIV D MAR 0 7 2016 Memo CITY ANMINISTR lb: A.J.Wilson,Interim City Administrator From: Leonard Grossberg,Director/Health Officer iA R E C E i VE D I Date: March 7,2016 MAR 0 9 2016 Re: Transmittal of Health&Environmental Control Department Monthly Report CIIYCLERK'SOFFICE I am forwarding the attached subject report for February 2016 for submission to the City Council. I am requesting that the report be placed on the next City Council agenda. Please let me know if you need additional information. I Attachment 9cLg:/mydoc/Z4M/monthly reports/City Admin Transmittal Monthly Report Feb.2016 HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT Fei�ruary 2016 MONTHLY REPORT O run,* City of Vernon Leonard Grossberg, Director/ Health Officer HEALTH&ENVIRONMENTAL CONTROL DEPARTMENT MONTHLY REPORT FEBRUARY,2016 HAZARDOUS MATERIALS CONTROL The annual Certified Unified Program Agency(CUPA)Conference was held in Anaheim, California from February 22-25,2016. The conference provided a large number of training sessions in all CUPA Programs including hazardous waste,California Accidental Release Prevention Program,Emergency Response, Site Mitigation,Underground Tanks,and others. Scholarship funds generated by State- wide enforcement case settlements allowed several of our staff members to attend the conference at a reduced cost to the City. Over 2,000 attendees participated in the conference this year,the largest yet! Every year our department assists in the preparation of annual hazardous waste reports and the payment of fees associated with the generation of hazardous waste by City departments. Copies of hazardous waste manifests,which are prepared for each shipment of hazardous waste to treatment, storage and disposal facilities,are assembled to prepare summary reports and fee calculations. Examples of hazardous waste generated by the City include: Polychlorinated biphenyls(PCB's)in transformers(Light&Power Department) Waste solvent,paint and oil(Public Works,Water&Development Services Department) Contaminated sand and absorbent from abandoned spills on streets(Fire Department) Staff monitored ongoing environmental assessments and remediation at several businesses which are going through the closure/demolition process. These included the former sites of. Kop-Coat on District Boulevard,Thermador on District Blvd., Service Oil on Atlantic Blvd.,Clorox on Bandini Blvd.,4901 Boyle Ave., 3461 E. 26�' Street, 1890 E.25t'Street, ,and Pechiney on Fruitland Ave. Director Leonard Grossberg attended a meeting with Department of Toxic Substances Control (DTSC)representatives at their Chatsworth office to discuss the on-going closure status and Operations&Maintenance agreement for the former Thermador Site on District Blvd. Final stages of closure require that we test the soil, soil vapors,and ground water to prepare for the eventual"No Further Action"letter. 2 Three Emergency Response calls were overseen and responded to by our department: We investigated a sprinkler release at Overhill Farms,another sprinkler release at Golden West Foods,and a liquid waste discharge on the street at Bandini Blvd. and Downey Road. UNDERGROUND TANKS No underground tanks were removed in February. Senior Environmental Specialist Linda Johnson conducted an annual Monitoring and Certification Test at Cardlock Fuels on Santa Fe Ave. in February. These annual tests are conducted at all underground storage tank facilities to test the effectiveness of the monitoring system for possible leaks within the fueling and storage systems. Chief Deputy Director David LeDuff completed and submitted to the State Water Resources Control Board the semi-annual UST report, documenting our Underground Storage Tank Program status. Senior Environmental Specialist Lyndon Ong Yiu conducted one tank test in February at Dunn Edwards. FOOD PROGRAM The annual permit renewal and certification program for retail food vehicles was conducted during the end of January and beginning of February. Almost one hundred mobile hot food facility vehicles were inspected for compliance with food sanitation and fire safety requirements. In addition,cold food facility trucks were certified. Several mobile hot food facility vehicles were closed during the inspection program for serious health code violations. I i Senior Environmental Specialist Lyndon Ong Yiu continues to provide safety assurance and guidance for food facilities by conducting cross-connection inspections, initial and follow-up testing for backflow devices, and attending meetings with the Mobile Food Committee to develop guidance and rules to regulate a large part of the mobile food industry. In addition, he completed 2 new food processing plan checks. 3 ENVIRONMENTAL PROTECTION Water samples were collected by Environmental Specialist Erik Cheng from sixteen(16)locations which include the three potable water supply systems in Vernon. All samples met State standards for potability,and were negative for e-coli/total coliform counts. Chief Deputy Director David LeDuff prepared and submitted the Annual 2015 Rabies Report to Los Angeles County. In addition,David continued to coordinate and provide business assistance in navigating the California Environmental Reporting System(CERS). The Storm Water Program continues to be very active. Senior Environmental Specialist Jerrick Torres reviewed several storm water development plans for infiltration feasibility,conducted reviews on Storm Water Pollution Prevention Program(SWPPP)submittals,conducted two RMP audits and is working on an Administrative Enforcement Order for failure to submit reports in a timely manner. February was also a busy month for Director Leonard Grossberg. He started the bi-annual LEA/CalRecycle audit and evaluation which looks at our solid waste program's progress in meeting directives from Cal Recycle;attended a community advisory meeting to discuss the Exide Technologies plant closure in Vernon;coordinated the lead soil sampling for Vernon homes along Furlong with DTSC; scheduled the next E-Waste and Used Oil Collection events for April 5,2016; and assisted HR in investigating an"Influenza—A"outbreak in the Public Works Dept. Finally, Staff was busy with training in February,as we sent all of our field staff to Anaheim for the annual CUPA Conference What is influenza (also called flu)? The flu is a contagious respiratory illness caused by influenza viruses that infect the nose, throat, and lungs. It can cause mild to severe illness, and at times can lead to death. The best way to prevent the flu is by getting a flu vaccine each year. Signs and symptoms of flu People who have the flu often feel some or all of these signs and symptoms: 4 • Fever*or feeling feverish/chills • Cough • Sore throat • Runny or stuffy nose • Muscle or body aches • Headaches • Fatigue(very tired) • Some people may have vomiting and diarrhea,though this is more common in children than adults. *It's important to note that not everyone with flu will have a fever. How flu spreads Most experts believe that flu viruses spread mainly by droplets made when people with flu cough, sneeze or talk. These droplets can land in the mouths or noses of people who are nearby. Less often, a person might also get flu by touching a surface or object that has flu virus on it and then touching their own mouth, eyes or possibly their nose. Period of contagiousness You may be able to pass on the flu to someone else before you know you are sick, as well as while you are sick. Most healthy adults may be able to infect others beginning 1 day before symptoms develop and up to 5 to 7 days after becoming sick. Some people, especially young children and people with weakened immune systems, might be able to infect others for an even longer time. How serious is the flu? Flu is unpredictable and how severe it is can vary widely from one season to the next depending on many things, including: 5 • what flu viruses are spreading, • how much flu vaccine is available • when vaccine is available • how many people get vaccinated, and • how well the flu vaccine is matched to flu viruses that are causing illness. Certain people are at greater risk for serious complications if they get the flu.This includes older people, young children, pregnant women and people with certain health conditions (such as asthma, diabetes, or heart disease). Flu seasons are unpredictable and can be severe. Over a period of 30 years, between 1976 and 2006, estimates of flu-associated deaths in the United States range from a low of about 3,000 to a high of about 49,000 people. Complications of flu Complications of flu can include bacterial pneumonia, ear infections, sinus infections, dehydration, and worsening of chronic medical conditions, such as congestive heart failure, asthma, or diabetes. Prevent seasonal flu: Get vaccinated The single best way to prevent the flu is to get a flu vaccine each season. There are several flu vaccine options for the 2015-2016 flu season. Traditional flu vaccines made to protect against three different flu viruses(called "trivalent" vaccines) are available. In addition, flu vaccines made to protect against four different flu viruses (called "quadrivalent"vaccines) also are available. Trivalent flu vaccine protects against two influenza A viruses(an H 1 N1 and an H3N2) and an influenza B virus.The following trivalent flu vaccines are available: • Standard-dose trivalent shots that are manufactured using virus grown in eggs. There are several different flu shots of this type available, and they are approved for people of different ages. Some are approved for use in people as young as 6 months of age. Most flu shots are given with a needle. One standard dose trivalent shot also can be given with a:el t inje� ctor,for persons aged 18 through 64 years. 6 • A high-dose trivalent shot, approved for people 65 and older. • A trivalent shot containing virus grown in cell culture,which is approved for people 18 and older. • A recombinant trivalent shot that is egg-free, approved for people 18 years and older. The quadrivalent flu vaccine protects against two influenza A viruses and two influenza B viruses.The following quadrivalent flu vaccines are available: • A quadrivalent flu shot that is manufactured using virus grown in eggs. There are several different flu shots of this type available, and they are approved for people of different ages. Some are approved for use in people as young as 6 months of age. • An intradermal quadrivalent shot,which is injected into the skin instead of the muscle and uses a much smaller needle than the regular flu shot. It is approved for people 18 through 64 years of age. • A quadrivalent nasal spray vaccine, approved for people 2 through 49 years of age. When to get vaccinated against seasonal flu Yearly flu vaccination should begin soon after flu vaccine is available, and ideally by October. However, getting vaccinated even later can be protective, as long as flu viruses are circulating.While seasonal influenza outbreaks can happen as early as October, most of the time influenza activity peaks in January or later. Since it takes about two weeks after vaccination for antibodies to develop in the body that protect against influenza virus infection, it is best that people get vaccinated so they are protected before influenza begins spreading in their community. Who Should Get Vaccinated This Season? Everyone 6 months of age and older should get a flu vaccine every season. This recommendation has been in place since February 24, 2010 when CDC's Advisory Committee on Immunization Practices(ACIP)voted for"universal"flu vaccination in the United States to expand protection against the flu to more people. Vaccination to prevent influenza is particularly important for people who are at high risk of serious complications from influenza. See People at High Risk of Developing Flu-Related Complications for a full list of age and health factors that confer increased risk. 7 More information is available at Who Should Get Vaccinated Against Influenza. Use of the nasal spray seasonal flu vaccine Vaccination with the nasal-spray flu vaccine is an option for healthy*people 2 to 49 years of age who are not pregnant. Even people who live with or care for those in a high risk group(including health care workers)can get the nasal-spray flu vaccine as long as they are healthy themselves and are not pregnant. The one exception is health care workers who care for people with severely weakened immune systems who require a protected hospital environment;these people should get the inactivated flu vaccine(flu shot). Who should not be vaccinated against seasonal flu? Different flu vaccines are approved for use in different groups of people. Factors that can determine a person's suitability for vaccination, or vaccination with a particular vaccine, include a person's age, health (current and past)and any relevant allergies, including an egg allergy. Flu Shot: • People who cannot get a flu shot • People who should talk to their doctor before getting the flu shot Nasal Spray Vaccine: • People who cannot get a nasal spray vaccine • People who should talk to their doctor before getting the nasal spray vaccine For more about preventing the flu, see the following: • Key Facts About Seasonal Flu Vaccine(http://www.cdc.gov/flu/protect/keyfacts.htm) • Influenza Antiviral Druqs(http://www.cdc.gov/flu/antivirals/index.htm) • Good Health Habits for Prevention (http://www.cdc.gov/flu/protect/habits.htm) • The Flu:A Guide for Parents(252 KB, 2 pa es (http://www.cdc.gov/flu/pditfreeresources/updated/a flu guide for parents.pdf) • Flu and You [774 KB, 2 pages] (http://www.cdc.gov/flu/pdf/freeresources/updated/fluandyou upri__hq t.pdf) 9&GA Docs/Z/Health Dept/Monthly Reports Feb 2016.doc 8 RFI:�EWED RECEIVED MAR 0 1 2016 f r MAR 2 2016 `r-- � CITY ADMIN1SYR CITY CLERK'S OFFICE POLICE DEPARTMENT Daniel Calleros,Chief of Police 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)587-5171 Fax(323)826-1481 March 1, 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., February 16, 2016 up to and including midnight of February 29, 2016. Respectfully submitted, VERNON POLICE DEPARTMENT DANIEL CALLEROS CHIEF OF POLICE DC/aZ- .Xcfusivefy Industricd VERNON POLICE DEPARTMENT Department Activity Report First Date: 01/1612016 Jurisdiction: VERNON Last Date: 02/2912016 Department Complaint All Units Primary Unit Type Description VPD 10-6 OFFICER IS 10-6 C7,961,962,10-10,WASH,EQUIPR 337 314 10-96H PICK UP THE JAIL PAPER WORK FROM HP JAIL 3 3 10-96M 10-96 MARY(MAIL DETAIL) 18 13 140 SUPPLEMENTAL REPORT 7 2 166R COURT ORDER VIOLATION REPORT 3 1 20001 INJURY HIT AND RUN 13 3 20002 NON-INJURY HIT AND RUN 20 8 20002R NON-INJURY HIT AND RUN REPORT 18 14 211 ROBBERY 9 2 211S S I LENT ROBBERY ALARM 22 6 240 ASSAULT 2 1 242 BATTERY 7 3 242R BATTERY REPORT 8 4 245R ASSAULT WITH A DEADLY WEAPON REPORT 5 2 273.5 DOMESTIC VIOLENCE 4 1 273.5R DOMESTIC VIOLENCE REPORT 3 1 314 INDECENT EXPOSURE 4 1 415 DISTURBING THE PEACE 65 22 417 BRANDISHING A WEAPON 7 3 422R TERRORIST THREATS REPORT 5 3 459A AUDIBLE BURGLARY ALARM 365 196 459R BURGLARY REPORT 20 9 459S SILENT BURGLARY ALARM 7 3 459V BURGLARY TO A VEHICLE 5 2 459VR BURGLARY TO A VEHICLE REPORT 5 4 476R FRAUD REPORT 7 3 484R PETTY THEFT REPORT 24 15 487R GRAND THEFT REPORT 12 7 586 PARKING PROBLEM 74 58 586E PARKING ENFORCEMENT 4 4 594 VANDALISM 15 3 594R VANDALISM REPORT 7 5 602 TRESPASS 32 12 602R TRESPASS REPORT 3 2 653MR ANNOYING PHONE CALLS REPORT 4 3 901 UNKNOWN INJURY TRAFFIC COLLISION 10 3 901T INJURY TRAFFIC COLLISION 37 12 901TR INJURY TRAFFIC COLLISION REPORT 8 4 902T NON-INJURY TRAFFIC COLLISION 160 82 902TR NON-INJURY TRAFFIC COLLISION REPORT 3 3 909C TRAFFIC CONTROL 1 1 909E TRAFFIC ENFORCEMENT 3 3 909T TRAFFIC HAZARD 27 15 911 911 MISUSE/HANGUP 30 17 911A CONTACT THE REPORTING PARTY 49 30 911NR 911 CALL NO RESPONSE REQUIRED 1 1 917A ABANDONED VEHICLE 10 6 920PR LOST PROPERTY REPORT 4 4 0"112016 07:19:21 Page I of 3 VERNON POLICE DEPARTMENT Department Activity Report First Date: 01/16/2016 Jurisdiction: VERNON Last Date: 02/29/2016 Department Complaint All Units Primary Unit Type Description VPD 925 SUSPICIOUS CIRCUMSTANCES 105 41 927 UNKNOWN TROUBLE 8 3 A459R ATTEMPT BURGLARY REPORT 2 2 A459V ATTEMPT AUTO BURGLARY 3 1 ASTVFD ASSIST VERNON FIRE DEPARTMENT 67 35 BARCK BAR CHECK 9 4 BOSIG BROKEN SIGNAL OR LIGHT 9 5 BOVEH BROKEN DOWN VEHICLE 47 39 CITCK CITATION CHECK 6 5 CIVIL CIVIL MATTER 3 2 CODE5 SURVEILLANCEISTAKE-OUT 18 4 COP COP DETAIL 9 8 DET DETECTIVE INVESTIGATION 99 45 DETAIL DETAIL 14 10 DPTAST DEPARTMENTAL ASSIST 16 9 DUI DRIVING UNDER THE INFLUENCE 13 8 FILING OFFICER IS 10-6 REPORT WRITING 146 144 FOUND FOUND PROPERTY REPORT 1 1 FTY FAILURE TO YIELD 6 2 FU FOLLOW UP 29 24 GTAR GRAND THEFT AUTO REPORT 15 12 HBC HAILED BY A CITIZEN 28 19 ID THEFT RPT IDENTITY THEFT REPORT 1 1 JAILPANIC TEST THE JAIL PANIC ALARM BUTTON 3 3 KTP KEEP THE PEACE 17 9 LOCATE LOCATED VERNON STOLEN VEHICLE 6 6 LOJACK LOJACK HIT 2 2 LPR LICENSE PLATE READER 3 1 MISPR MISSING PERSON REPORT 1 1 MR60 MISC REPORT 4 2 MUTUAL AID MUTUAL AID 7 3 NSF INSUFFICIENT FUNDS REPORT(476 PC) 1 1 PANIC ALARM PANIC ALARM/DURESS ALARM 8 3 PAPD PUBLIC ASSIST-POLICE 16 12 PATCK PATROL CHECK 220 187 PEDCK PEDESTRIAN CHECK 172 100 PLATE LOST OR STOLEN PLATES REPORT 5 3 PRSTRAN PRISONER TRANSPORTED 32 28 REC RECOVERED STOLEN VEHICLE 57 23 RECKLESS DF RECKLESS DRIVING(23103) 20 12 REPO REPOSSESSION 14 14 ROADRAGE ROAD RAGE 5 3 SEAACA SEAACA ANIMAL CALLS 4 2 SPEED SPEED CONTEST OR SPEEDING(23109) 15 5 TRAFFIC STOI TRAFFIC STOP 730 544 UNATTACHED UNATTACHED TRAILER 3 3 VCK VEHICLE CHECK 240 182 VEH RELEASE VEHICLE RELEASE 32 28 0310112016 07:19:21 Page 2 of 3 VERNON POLICE DEPARTMENT Department Activity Report First Date: 01/16/2016 Jurisdiction: VERNON Last Date: 02/29/2016 Department Complaint All Units Primary Unit Type Description VPD VIDEOCHECK VIDEO EQUIPMENT CHECK(10-96 V) 1 1 VMCVIO VERNON MUNICIPAL CODE VIOLATION 2 2 WARRANT WARRANT ARREST 9 g WELCK WELFARE CHECK 42 19 WRNTSVC WARRANT SERVICE 42 30 Department: 3854 2575 Overall: 3854 2576 0310112016 07:19:21 Page 3 of 3 VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 02/29/16 TRAFFIC COLLISIONS NO. PROPERTY RECOVERED TOTAL 18 VEHICLES: $3,000.00 NON-INJURY 11 INJURY 7 Pedestrian Fatalities City Property Damage 1 Hit& Run(Misdemeanor) 5 Hit&Run(Felony) 1 Persons Injured 10 VEHICLES STORED PROPERTY RECOVERED FOR Unlicensed Driver 12 OTHER DEPARTMENTS Abandoned/Stored Vehicle 8 VEHICLES: $8,100.00 Traffic Hazard 1 CITATIONS Citations Iss (Prisoner Release) 15 Citations Iss (Moving) 66 Citations Iss (Parking) 26 Citations Iss (Total) 92 Hazardous 38 Non-Hazardous 28 Other Violations CASES CLEARED BY ARREST AR16-079 CR16-0341 243(E) (1) PC AR16-085 CR16-0371 459 PC AR16-088 CR16-0375 11364 HS AR16-089 CR16-0387 11364 HS AR16-091 CR16-0404 10851(A) VC AR16-094 CR16-0410 3056 PC VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING 02 29 16 ADULT FELONY ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL ASSAULT WITH A DEADLY WEAPON BURGLARY 1 1 CRIMINAL THREATS EVADING PEACE OFFICER GRAND THEFT HIT AND RUN PAROLE VIOLATION 1 1 VEHICLE THEFT 1 1 WARRANT VERNON CASE 1 1 WARRANT OUTSIDE AGENCY 1 1 2 TOTAL FELONY ARRESTS 5 1 6 ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL BATTERY 1 1 DRUNK DRIVING FALSE INFO TO PEACE OFFICER PETTY THE POSS. CONTROLLED SUBSTANCE POSS. NARCOTIC PARAPHERNALIA 2 2 RESIST/DELAY TO PEACE OFCR. TRESPASSING WARRANTS VERNON CASE 5 5 WARRANTS (OUTSIDE AGENCY) 4 4 TOTAL MISD. ARRESTS 12 0 12 JUVENILES DETAINED --- FELONY AND MISDEMEANOR MALE FEMALE TOTAL BURGLARY PETTY THEFT VANDALISM VEHICLE THEFT WARRANTS (BENCH) TOTAL JUVENILES DET. 0 0 0 TOTAL FELONY ARRESTS (ADULT) TO DATE: 31 TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE: 59 TOTAL JUVENILES DETAINED (FELONY AND MISDEMEANOR) TO DATE: 4 TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR) TO DATE: 94 O N N k O Cr O v v M o M Lp .- or m �o Loo 0 CN 0 �o o O �a $� ^ h � �^ �m m �T �o �rn rn rn O1 d d 141 to L' A Va Vm v� a uOW m OU Ov OU OU OU m CDrWi ovv v V) o 0 v _ m N d N M N M N 1p d VO 0 0 0 0 0 O O O O Q w 4M AA4� � � OA� M O4� Z2 C•! 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Wilson, Interim City Administrator Originator: Ernesto Smith, Information ology Manager '. RE: Approval of Maintenance Agreement with Tyler Technologies, Inc. Recommendation A. Find that approval of the proposed action is exempt under the California Environmental Quality Act ("CEQA") review, because it is 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. Approve a new Maintenance Agreement with Tyler Technologies, Inc. in an amount not to exceed $79,661.92 for a period of one year commencing on January 1, 2016. The proposed maintenance agreement is exempt from competitive bidding and competitive selection pursuant to Section 2.17.12(A)(2) of the Vernon Municipal Code as maintenance services are for a proprietary software and are available from only one vendor. Backy_round Since 2006, staff has used Tyler Technologies' EDEN enterprise resource planning system to manage many of the City's core business functions. EDEN's product suite includes Financials, Human Resources, and Citizen Services applications; each integrated and designed with the familiar Windows-based user interface. EDEN products enhance collaboration between departments, increase workflow efficiency and enhance customer and constituent service. The system helps streamline the City's most important office tasks, including all aspects of accounting, budgeting and procurement at the enterprise level. The application source code and the support services are the proprietary property of Tyler Technologies, Inc. who works with more than 6,000 public-sector agencies nationwide and is the largest company in the country solely dedicated to providing software and services to government agencies. As a corporation, Tyler Technologies is a Microsoft Gold Certified Partner; the EDEN development group is also a Microsoft Certified Partner. Page 1 of 2 Tyler's maintenance support includes remote maintenance and support, telephone support during established support hours, a copy of all major and minor releases to the Tyler Software including updates and enhancements and standard-reports support for the year. The annual maintenance support dues include coverage for the following modules: Cashiering, Workstation, General Ledger, Budget Preparation, Accounts Payable, Purchasing, GASB34 Reporting, Accounts Receivable, Contract Management, Fixed Assets, Payroll, Human Resources, Applicant Tracking, Inventory Control, Licensing, Project Accounting, Bid & Quote Management, Code Enforcement, Permits and Inspections and Parcel Manager. In prior years, Tyler's Maintenance Support Agreement has been approved by amendments made to the original 2006 agreement between the City and Tyler Technologies, Inc., Resolution No. 9046. The Information Technology division has initiated a new agreement, with an end date of 1 year to fit into the parameters set by the special good governance reform contract terms and procedures, Section 2.17.30(A) of the Vernon Municipal Code. The proposed Maintenance Agreement with Tyler Technologies has been reviewed and approved as to form by the City Attorney's office. Fiscal Impact The total cost of the annual maintenance is $79,661.92. Sufficient funds were allocated and are available in the Information Technology budget for the 2015/2016 fiscal year. Attachment 1. Tyler Technologies Maintenance Agreement Page 2 of 2 • toy • technologies MAINTENANCE AGREEMENT This Maintenance Agreement is made between Tyler Technologies, Inc. and Client. WHEREAS, Client selected Tyler to perform the services set forth in the Invoice and Tyler desires to perform such services under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement,Tyler and Client agree as follows: SECTION A—DEFINITIONS • "Agreement" means this Maintenance Agreement. • "Business Travel Policy" means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B. • "Client" means the City of Vernon. • "Defect" means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation. • "Documentation" means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. • "Effective Date" means the date on which your authorized representative signs the Agreement. • "Force Majeure" means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion,fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. • "Invoice" means the agreed upon cost proposal for the services attached as Exhibit A. • "Invoicing and Payment Policy" means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B. • "Maintenance and Support Agreement" means the terms and conditions governing the provision of maintenance and support services to all of our customers. A copy of our current Maintenance and Support Agreement is attached as Exhibit C. • "Support Call Process" means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C. • "Third Party Hardware" means the third party hardware, if any, identified in the Invoice. • "Third Party Products" means the Third Party Software and Third Party Hardware. • "Third Party Software" means the third party software, if any, identified in the Invoice. • "Tyler" means Tyler Technologies, Inc., a Delaware corporation. --*. Weir • "Tyler Software" means our proprietary software, including any integrations, custom Wer•••.• modifications, and/or other related interfaces identified in the Invoice and licensed by us to you through this Agreement. • "we","us",`bur" and similar terms mean Tyler. • "you"and similar terms mean Client. SECTION B—MAINTENANCE AND SUPPORT If you have purchased ongoing maintenance and support services, and continue to make timely payments for them according to our Invoicing and Payment Policy, we will provide you with maintenance and support services for the Tyler Software under the terms of our standard Maintenance and Support Agreement. If you have opted not to purchase ongoing maintenance and support services for the Tyler Software, the Maintenance and Support Agreement does not apply to you. Instead,you will only receive ongoing maintenance and support on the Tyler Software on a time and materials basis. In addition, you will: ?i) receive the lowest priority under our Support Call Process; ?ii) be required to purchase new releases of the Tyler Software, including fixes, enhancements and patches; (iii) be charged our then-current rates for support services, or such other rates that we may consider necessary to account for your lack of ongoing training on the Tyler Software; (iv) be charged for a minimum of two (2) hours of support services for every support call; and (v) not be granted access to the support website for the Tyler Software or the Tyler Community Forum. SECTION C—INVOICING AND PAYMENT;INVOICE DISPUTES 1. Invoicinp,and Payment. We will invoice you for all fees set forth in the Invoice per our Invoicing and Payment Policy, subject to Section C (2). 2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement,you will provide us with written notice within thirty(30)days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so. SECTION D—TERM AND TERMINATION ••�,: tyler 3 1. Term. We provide maintenance and support services on an annual basis. The term shall commence on January 1, 2016,and remain in effect for one (1)year terms unless terminated in writing, with or without cause, by either party at least thirty(30) days prior to the effective date of termination. 2. Termination for Cause. If you believe we have materially breached this Agreement,you will invoke the Dispute Resolution clause set forth in Section F (1). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty(30) day window set forth in Section F (1). In the event of termination for cause,you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. 3. Termination Due to Lack of Appropriations. If you should not appropriate or otherwise receive funds sufficient to purchase, lease, operate,or maintain the software or services set forth in this Agreement,you may unilaterally terminate this Agreement effective on the final day of the fiscal year through which you have funding. You will make every effort to give us at least thirty(30)days written notice prior to a termination for lack of appropriations. In the event of termination due to a lack of appropriations, you will pay us for all undisputed fees and expenses related to the software and/or services you have received,or we have incurred or delivered, prior to the effective date of termination. Any disputed fees and expenses must have been submitted to the Invoice Dispute process set forth in Section F (1) at the time of termination in order to be withheld at termination. You will not be entitled to a refund or offset of previously paid license and other fees. 4. Termination Due to Force Majeure. Except for your payment obligations, either you or we may terminate this Agreement if a Force Majeure event suspends performance of scheduled tasks for a period of forty- five (45) days or more. In the event of termination due to Force Majeure,you will pay us for all undisputed fees and expenses related to the software and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Any disputed fees and expenses must have been submitted to the Invoice Dispute process set forth in Section F (1) at the time of termination in order to be withheld at termination. You will not be entitled to a refund or offset of previously paid license and other fees. SECTION E—INDEMNIFICATION,LIMITATION OF LIABILITY AND INSURANCE 1. Intellectual Property Infringement Indemnification. 1.1 We will defend you against any third party claim(s)that the Tyler Software or Documentation infringes that third party's patent, copyright, or trademark,or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment(or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance,cooperation, and information in defending the claim at our expense. 1.2 Our obligations under this Section E (1) will not apply to the extent the claim or adverse final judgment is based on your: (a) use of a previous version of the Tyler Software and the claim would have been avoided had you installed and used the current version of the Tyler Software, and we provided notice of that requirement to you; (b) combining the Tyler Software with any product or device not provided,contemplated, or approved by us; (c) altering or ••:'i•. tyler 4 modifying the Tyler Software, including any modification by third parties at your direction or otherwise permitted by you; (d) use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties; or(e)willful infringement, including use of the Tyler Software after we notify you to discontinue use due to such a claim. 1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing; or(c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement. 1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non-infringing; (c) replace it with a functional equivalent;or(d)terminate your license and refund the license fees paid for the infringing Tyler Software, as depreciated on a straight-line basis measured over seven (7)years from the Effective Date. We will pursue those options in the order listed herein. This section provides your exclusive remedy for third party copyright, patent,or trademark infringement and trade secret misappropriation claims. 2. General Indemnification. 2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities,damages, costs, and expenses(including reasonable attorney's fees and costs)for(a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or(b)our violation of a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance,cooperation, and information in defending the claim at our expense. 2.2 To the extent permitted by applicable law,you will indemnify and hold harmless us and our agents,officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses(including reasonable attorney's fees and costs)for personal injury or property damage to the extent caused by your negligence or willful misconduct; or(b)your violation of a law applicable to your performance under this Agreement. We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense. 3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS,WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH PARTY'S LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT,WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY,SHALL BE --0- tyler . "i". - 5 LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) PRIOR TO FORMAL TRANSITION TO MAINTENANCE AND SUPPORT,THE TOTAL ONE-TIME FEES SET FORTH IN THE INVESTMENT SUMMARY; OR(B)AFTER FORMAL TRANSITION TO MAINTENANCE AND SUPPORT,THE THEN- CURRENT ANNUAL MAINTENANCE AND SUPPORT FEE. THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS E(1)AND E (2). 5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least$1,000,000; (b) Automobile Liability of at least$1,000,000; (c) Professional Liability of at least$1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least$5,000,000. We will add you as an additional insured and provide you with copies of certificates of insurance upon your written request. SECTION F—GENERAL TERMS AND CONDITIONS 1. Dispute Resolution. You agree to provide us with written notice within thirty(30)days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty(30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures. 2. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise,we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state,as applicable, arising from our performance of this Agreement. 3. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law. ••:' . tyler 6 4. Living Wage. We (and any subcontractors we employ, shall comply with Vernon's Living Wage Ordinance, a copy of which is attached hereto and incorporated by reference. Upon Vernon's request, certified payroll records shall promptly be provided to Vernon. 5. E-Verify. We have complied, and will comply,with the E-Verify procedures administered by the U.S. Citizenship and Immigration Services Verification Division for all of our employees assigned to your project. 6. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld. 7. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s)or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however,your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition,or purchase of substantially all of our assets. In such an event, however, we will provide written notice (including the name, address and contact information for the assignee's representative)to you of such assignment within thirty(30) days of the effective date of such assignment. 8. Force Maieure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event. 9. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms. 10. Entire Agreement;Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations,whether written,oral,expressed, implied,or statutory. This Agreement may only be modified by a written amendment signed by an authorized representative of each party. 11. Severability. If any term or provision of this Agreement is held invalid or unenforceable,the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law. 12. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter. 13. Independent Contractor. We are an independent contractor for all purposes under this Agreement. 14. Notices. All notices or communications required or permitted as a part of this Agreement,such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted ••: . tyler 7 to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a)actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or(d) if not actually received,five (S) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party. 15. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials. 16. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes,without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. For the avoidance of doubt, neither this Agreement nor any information contained herein is confidential information; provided however, that the line-item pricing attached hereto as Exhibit 2 shall be deemed confidential information. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that: (a) is in the public domain, either at the time of disclosure or afterwards,except by breach of this Agreement by a party or its employees or agents; (b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure; (c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the California Public Records Act (Government Code §§ 6250 etseq.) ("PRA")or similar applicable public disclosure laws governing this Agreement; provided, however,that in the event you receive a PRA or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law. 17. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license. 18. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law. 19. Attorney's Fees. If any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. ••'• tyler 8 20. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature. Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement. 21. Cooperative Procurement. To the maximum extent permitted by applicable law,we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement. 22. Contract Documents. This Agreement includes the following exhibits: Exhibit A Invoice Exhibit B Invoicing and Payment Policy Schedule 1: Business Travel Policy Exhibit C Maintenance and Support Agreement Schedule 1: Support Call Process IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below. Tyler Technologies, Inc. City of Vernon By: By: Name: Name: Title: Title: Date: Date: Address for Notices: Address for Notices: Tyler Technologies, Inc. City of Vernon One Tyler Drive 4305 Santa Fe Avenue Yarmouth, ME 04096 Vernon, CA 90058 Attention:Associate General Counsel Attention: • tyler 9 • • •'• Y I r •. .•. t e . � • technologies Exhibit A Invoice The following Invoice details the services to be delivered by us to you under the Agreement. This Invoice is effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. TO BE INSERTED ••'° tyler 4^"""`� II I VVI�rC Remittance: 0 Tyler Technologies, Inc. 0�� ID (FEIN 75-2303920) . . . tyler P.O. Box 203556 Invoice No Date Page • technologies Dallas,TX 75320-3556 045-147701 12/01/2015 1 of 2 Empowering people who serve the public"' Questions: Tyler Technologies-ERP&Schools Phone: 1-800-772-2260 Press 2,then 1 Fax: 1-866-673-3274 Email: ar@tylertech.com *045$ 147701%'t° Bill To: City of Vernon Ship To: City of Vernon 4305 Santa Fe Avenue 4305 Santa Fe Avenue Vernon, CA 90058 Vernon,CA 90058 CustomerNo. Ord No PO Number Currency Terms Due Date 6584 70832 U S D N ET30 12/31/2015 Date Description Units Rate Extended Price Contract No.:VERNON,CITY OF Accounts Receivable Support 1 3,396.57 3,396.57 Maintenance: Start:01/Jan/2016, End:31/Dec/2016 Contract Management Support 1 2,830.47 2,830.47 Maintenance:Start:01/Jan/2016, End:31/Dec/2016 LaserFiche interface Support 1 707.61 707.61 Maintenance:Start:01/Jan/2016, End: 31/Dec/2016 Forms Support 1 476.08 476.08 Maintenance: Start:01/Jan/2016, End:31/Dec/2016 Forms Support 1 1,868.11 1,868.11 Maintenance:Start:01/Jan/2016, End: 31/Dec/2016 Fixed Assets Support 1 3,396.57 3,396.57 Maintenance: Start:01/Jan/2016, End: 31/Dec/2016 GL/AP/PG Support 1 11,321.89 11,321.89 Maintenance:Start:01/Jan/2016, End:31/Dec/2016 Inventory Support 1 5,265.86 5,265.86 Maintenance: Start:01/Jan/2016, End: 31/Dec/2016 Payroll Support 1 5,166.18 5,166.18 Maintenance:Start:01/Jan/2016, End:31/Dec/2016 Project Accounting Support 1 4,245.70 4,245.70 Maintenance:Start:01/Jan/2016, End:31/Dec/2016 State Package Support 1 1,415.23 1,415.23 Maintenance:Start:01/Jan/2016, End: 31/Dec/2016 Tyler Output Processing Support 1 1,839.79 1,839.79 Maintenance:Start:01/Jan/2016, End:31/Dec/2016 CORE Cashiering Support-1 Station 1 5,377.89 5,377.89 Maintenance: Start:01/Jan/2016, End: 31/Dec/2016 Report Views Support 1 1,415.23 1,415.23 Maintenance:Start:01/Jan/2016, End:31/Dec/2016 Applicant Tracking Support 1 1,189.91 1,189.91 Maintenance:Start:01/Jan/2016, End:31/Dec/2016 Applicant Tracking Support Web 1 991.59 991.59 Maintenance:Start:01/Jan/2016, End: 31/Dec/2016 Human Resources Support 1 2,181.50 2,181.50 nn� ro �a cr—r•0111 1901a G-1 zvno i�naa LaserFiche interface Support 1 1,920.76 1,920.76 Maintenance:Start:01/Jan/2016, End:31/Dec/2016 Tyler Payments-Hosting Fee 1 2,134.18 2,134.18 I Remittance: Invoice . •�: Tyler Technologies, Inc. • • tyler (FEIN 75-2303920) 0 �� P.O. Box 203556 No technologies Dallas,TX 75320-3556 Invoice 01 Date Page 0045-1477 12/01/2015 2 of 2 Empowering people who serve the public's Questions: Tyler Technologies-ERP&Schools Phone: 1-800-772-2260 Press 2,then 1 Fax: 1-866-673-3274 Email: ar@tylertech.com Bill To: City of Vernon Ship To: City of Vernon 4305 Santa Fe Avenue 4305 Santa Fe Avenue Vernon,CA 90058 Vernon,CA 90058 lCustomerNo. Ord No PO Number Currency Terms Due Date � I Date Description Units Rate Extended Price Maintenance: Start:01/Jan/2016, End:31/Dec/2016 Tyler Cashiering Support 1 6,146.43 6,146.43 Maintenance: Start:01/Jan/2016, End:31/Dec/2016 Business Licensing Support 1 2,400.95 2,400.95 Maintenance:Start:01/Jan/2016, End: 31/Dec/2016 Licensing Support Web 1 960.38 960.38 Maintenance: Start:01/Jan/2016, End: 31/Dec/2016 Parcel Manager Support 1 768.30 768.30 Maintenance: Start:01/Jan/2016, End:31/Dec/2016 Accounts Receivable Support Web 1 1,344.53 1,344.53 Maintenance:Start:01/Jan/2016, End:31/Dec/2016 Accounts Payable Support Web 1 1,056.42 1,056.42 Maintenance: Start:01/Jan/2016, End: 31/Dec/2016 Contract Management Support Web 1 1,056.42 1,056.42 Maintenance:Start:01/Jan/2016, End: 31/Dec/2016 Bid&Quote Support 1 2,112.84 2,112.84 Maintenance:Start:01/Jan/2016, End:31/Dec/2016 CAFR Statement Builder Upgrade Support 1 1,153.39 1,153.39 Maintenance: Start:01/Jan/2016, End:31/Dec/2016 Bid&Quote Support Web 1 1,056.42 1,056.42 Maintenance:Start:01/Jan/2016, End: 31/Dec/2016 Permits&Inspections Support 1 3,348.54 3,348.54 Maintenance:Start:01/Jan/2016, End:31/Dec/2016 Code Enforcement Support 1 1,116.18 1,116.18 Maintenance: Start:01/Jan/2016, End:31/Dec/2016 **ATTENTION** Subtotal 79,661.92 Order your checks and forms from Tyler Business Forms at 877-749-2090 or Sales Tax 0.00 tylerbusinessforms.com to guarantee 100% compliance with your software. Invoice Total 79,661.92 • . . . t y I e • technologies Exhibit B Invoicing and Payment Policy We will provide you with the services set forth in the Invoice. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. I Involdna: We will invoice you for the applicable services fees in the Invoice as set forth below. Your rights to dispute any invoice are set forth in the Agreement. 1. Tyler Software Maintenance and Support Fees. Maintenance and support fees are invoiced annually in advance prior to January 1 of each year. Your fees for each subsequent year will be set at our then-current rates. 2. ExKr7�t��,. The service rates in the Investment Summary do not include travel expenses. Expenses will be billed as incurred and only in accordance with our then-current Business Travel Policy, plus a 10%travel agency processing fee that applies to airfare, hotel, and car rental bookings. Our current Business Travel Policy is attached to this Exhibit B at Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available. Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is: Bank: Wells Fargo Bank, N.A. 420 Montgomery San Francisco,CA 94104 ABA: 121000248 Account: 4124302472 Beneficiary: Tyler Technologies, Inc.—Operating ••:;:•. tyler 10 ••• ••. Y t ler ❖ • technologies Exhibit B Schedule 1 Business Travel Policy 1. Air Travel A. Reservations&Tickets Tyler's Travel Management Company(TMC)will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee's total trip duration and the fare is within $100(each way) of the lowest logical fare. If a net savings of$200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee's total trip duration, the connecting flight should be accepted. Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two(2)weeks in advance of commitments. A seven day advance booking requirement is mandatory. When booking less than seven days in advance, management approval will be required. Except in the case of international travel where a segment of continuous air travel is scheduled to exceed six hours,only economy or coach class seating is reimbursable. B. Baggage Fees Reimbursement of personal baggage charges are based on trip duration as follows: • Up to five days= one checked bag • Six or more days=two checked bags Baggage fees for sports equipment are not reimbursable. 2. Ground Transportation A. Private Automobile Mileage Allowance—Business use of an employee's private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations. ••U, tyler Employees who have been designated a home office should calculate miles from their home. B. Rental Car i Employees are authorized to rent cars only in conjunction with air travel when cost,convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a "mid-size"or"intermediate"car. "Full"size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals;additional insurance on the rental agreement should be declined. C. Public Transportation Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip(15-18%)are reimbursable. In the case of a free hotel shuttle to the airport,tips are included in the per diem rates and will not be reimbursed separately. D. Parking&Tolls When parking at the airport,employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented. 3. Lodging Tyler's TMC will select hotel chains that are well established, reasonable in price,and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn,and Holiday Inn Express. If the employee has a discount rate with a local hotel,the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. "No shows"or cancellation fees are not reimbursable if the employee does not comply with the hotel's cancellation policy. Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately. 4. Meals and Incidental Expenses Employee meals and incidental expenses while on travel status are in accordance with the federal per diem rates published by the General Services Administration. Incidental expenses include tips to maids, hotel staff,and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem. ••'• ty,ler 12 A. Overnight Travel For each full day of travel,all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below. Departure Day Depart before 12:00 noon Lunch and dinner Depart after 12:00 noon Dinner Return Day Return before 12:00 noon Breakfast Return between 12:00 noon&7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows: • Breakfast 15% • Lunch 25% • Dinner 60% B. Same Day Travel Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.* *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner 5. Internet Access—Hotels and Airports Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee's hotel charges for internet access it is reimbursable up to$10.00 per day. Charges for internet access at airports are not reimbursable. •••• tyler 13 • . . . t y e . � • technologies Exhibit C Maintenance and Support Agreement We will provide you with the following maintenance and support services for the Tyler Software. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. 1. Maintenance and Support Fees. Your maintenance and support fees for the Tyler Software are listed in the Invoice, and your payment obligations are set forth in the Invoicing and Payment Policy. We reserve the right to suspend maintenance and support services if you fail to pay undisputed maintenance and support fees within thirty(30) days of our written notice. We will reinstate maintenance and support services only if you pay all past due maintenance and support fees, including all fees for the periods during which services were suspended. 2. Maintenance and Support Services. As long as you are not using the Help Desk as a substitute for our training services on the Tyler Software, and you timely pay your maintenance and support fees, we will, consistent with our then-current Support Call Process: 2.1 perform our maintenance and support obligations in a professional,good, and workmanlike manner,consistent with industry standards,to resolve Defects in the Tyler Software (limited to the then-current version and the immediately prior version); provided, however,that if you modify the Tyler Software without our consent, our obligation to provide maintenance and support services on and warrant the Tyler Software will be void; 2.2 provide telephone support during our established support hours; 2.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services; 2.4 provide you with a copy of all major and minor releases to the Tyler Software(including updates and enhancements)that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and 2.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with our then-current release life cycle policy. 3. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support services remotely. Currently, we use a third-party secure unattended connectivity tool called •••'•• tyler 14 Bomgar, as well as GotoAssist by Citrix. Therefore,you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event,we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way,you agree to provide us with full and free access to the Tyler Software,working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain a VPN for backup connectivity purposes. 4. Hardware and Other Systems. If you are a self-hosted customer and, in the process of diagnosing a software support issue, it is discovered that one of your peripheral systems or other software is the cause of the issue,we will notify you so that you may contact the support agency for that peripheral system. We cannot support or maintain Third Party Products except as expressly set forth in the Agreement. M In order for us to provide the highest level of software support,you bear the following responsibility related to hardware and software: (a) All infrastructure executing Tyler Software shall be managed by you; (b) You will maintain support contracts for all non-Tyler software associated with Tyler Software (including operating systems and database management systems, but excluding Third-Party Software, if any); and (c) You will perform daily database backups and verify that those backups are successful. 5. Other Excluded Services. Maintenance and support fees do not include fees for the following services: (a) initial installation or implementation of the Tyler Software; (b)onsite maintenance and support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (c) application design; (d)other consulting services; (e) maintenance and support of an operating system or hardware, unless you are a hosted customer; (f)support outside our normal business hours as listed in our then-current Support Call Process; or(g) installation, training services, or third party product costs related to a new release. Requested maintenance and support services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1)weeks' advance notice. 6. Current Support Call Process. Our current Support Call Process for the Tyler Software is attached to this Exhibit C at Schedule 1. ••::�. tyler tahn,MnpN 15 i i • • •'• y I r •. .�. t e . � • technologies Exhibit C Schedule 1 Support Call Process Support Channels Tyler Technologies, Inc. provides the following channels of software support: (1) Tyler Community—an on-line resource,Tyler Community provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. (2) On-line submission (portal)—for less urgent and functionality-based questions, users may create unlimited support incidents through the customer relationship management portal available at the Tyler Technologies website. (3) Email—for less urgent situations, users may submit unlimited emails directly to the software support group. (4) Telephone—for urgent or complex questions, users receive toll-free, unlimited telephone software support. Support Resources A number of additional resources are available to provide a comprehensive and complete support experience: (1) Tyler Website—www.tylertech.com—for accessing client tools and other information including support contact information. (2) Tyler Community—available through login,Tyler Community provides a venue for clients to support one another and share best practices and resources. (3) Knowledgebase—A fully searchable depository of thousands of documents related to procedures, best practices, release information, and job aides. (4) Program Updates—where development activity is made available for client consumption Support Availability Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday— Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Clients may receive coverage across these time zones.Tyler's holiday schedule is outlined below.There will be no support coverage on these days. New Year's Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Labor Day ••'• tyler • !echtlogles 16 Issue Handling Incident Tracking Every support incident is logged into Tyler's Customer Relationship Management System and given a unique incident number.This system tracks the history of each incident.The incident tracking number is used to track and reference open issues when clients contact support. Clients may track incidents, using the incident number, through the portal at Tyler's website or by calling software support directly. incident Priority Each incident is assigned a priority number,which corresponds to the client's needs and deadlines.The client is responsible for reasonably setting the priority of the incident per the chart below.The goal of this structure is to help the client clearly understand and communicate the importance of the issue and to describe expected responses and resolutions. Priority Characteristics of Support Incident Resolution Targets Level Support incident that causes (a) Tyler shall provide an initial response to Priority complete application failure or Level 1 incidents within one (1) business hour of application unavailability; (b) receipt of the support incident. Tyler shall use 1 application failure or unavailability commercially reasonable efforts to resolve such Critical in one or more of the client's support incidents or provide a circumvention remote location;or(c) systemic loss procedure within one (1) business day. Tyler's of multiple essential system responsibility for lost or corrupted data is limited functions. to assisting the client in restoring its last available database. Support incident that causes (a) Tyler shall provide an initial response to Priority repeated,consistent failure of Level 2 incidents within four(4) business hours of essential functionality affecting receipt of the support incident. Tyler shall use 2 more than one user or(b) loss or commercially reasonable efforts to resolve such corruption of data. support incidents or provide a circumvention High procedure within ten (10) business days. Tyler's responsibility for loss or corrupted data is limited to assisting the client in restoring its last available database. Priority Level 1 incident with an Tyler shall provide an initial response to Priority existing circumvention procedure, Level 3 incidents within one (1) business day of or a Priority Level 2 incident that receipt of the support incident. Tyler shall use affects only one user or for which commercially reasonable efforts to resolve such 3 there is an existing circumvention support incidents without the need for a Medium procedure. circumvention procedure with the next published maintenance update or service pack. Tyler's responsibility for lost or corrupted data is limited to assisting the client in restoring its last available database. ••:,. tyler 17 Priority Characteristics of Support Incident Resolution Targets Level Support incident that causes failure Tyler shall provide an initial response to Priority 4 of non-essential functionality or a Level 4 incidents within two (2) business Non- cosmetic or other issue that does days. Tyler shall use commercially reasonable critical not qualify as any other Priority efforts to resolve such support incidents, as well as Level. cosmetic issues, with a future version release. Incident Escalation Tyler Technology's software support consists of four levels of personnel: (1) Level 1: front-line representatives (2) Level 2: more senior in their support role, they assist front-line representatives and take on escalated issues (3) Level 3: assist in incident escalations and specialized client issues (4) Level 4: responsible for the management of support teams for either a single product or a product group If a client feels they are not receiving the service needed, they may contact the appropriate Software Support Manager. After receiving the incident tracking number, the manager will follow up on the open issue and determine the necessary action to meet the client's needs. On occasion,the priority or immediacy of a software support incident may change after initiation.Tyler encourages clients to communicate the level of urgency or priority of software support issues so that we can respond appropriately.A software support incident can be escalated by any of the following methods: (1) Telephone—for immediate response, call toll-free to either escalate an incident's priority or to escalate an issue through management channels as described above. (2) Email—clients can send an email to software support in order to escalate the priority of an issue (3) On-line Support Incident Portal—clients can also escalate the priority of an issue by logging into the client incident portal and referencing the appropriate incident tracking number. Remote Support Tool Some support calls require further analysis of the client's database, process or setup to diagnose a problem or to assist with a question.Tyler will, at its discretion, use an industry-standard remote support tool. Support is able to quickly connect to the client's desktop and view the site's setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request. •••••• ty,ler 18 1 t *Fy .;t RECEIVED %:1T tip MAR 0 9 2016 STAFF REPORT CITY CLERK'S OFFICE CITY ADMINISTRATION DATE: March 15, 2016 TO: Honorable Mayor and City Council FROM: Carlos R. Fandino, City Administrator Originator: Diana Figueroa,Administrative Secretary RE: Approval of Agreement between the City of Vernon and Wilson Communications, LLC for Management Support Services Recommendation A. Find that approval of the proposed services agreement with Wilson Communications, LLC is exempt from California Environmental Quality Act ("CEQA") review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Approve the agreement between the City of Vernon (the "City") and Wilson Communications, LLC ("Wilson"), in substantially the same form as submitted herewith, for the purpose of enlisting professional management advisory and support services on an on-call basis, as requested by the City Administrator; and C. Authorize the City Administrator to execute an agreement with Wilson Communications, LLC for an amount not-to-exceed $20,000 for professional advisory services for a period of thirty (30) days, with an effective date of March 15, 2016 and a termination date of April 14, 2016. Approval of the Agreement is based on the contingency of the new City Administrator appointment. Backizround In an effort to facilitate a seamless transition for the newly appointed City Administrator, it is recommended that Wilson Communications, LLC provide support and guidance on an as needed basis. Being that AJ Wilson, president of Wilson Communications, LLC, has served as the Interim City Administrator for the City of Vernon over the last several months, it would be ideal for his company to facilitate the conversion to ensure that any and all details regarding open issues, pending projects, ongoing assignments, operational logistics, etc. in City Administration are not overlooked. Page 1 of 2 Staff recommends that the thirty (30) day agreement with Wilson be approved, enabling Carlos Fandino to enter into his new role immediately with the assurance that Wilson can be contacted in the event that there is a need to address any outstanding City Administration matters with E which he may be familiar. The agreement has been reviewed and approved by the City Attorney's office. Fiscal Impact The services agreement with Wilson Communications, LLC was not specifically identified in the 2015-2016 budget, but adequate funds for consulting services are available to cover the additional cost for the thirty (30) day contract which stipulates services to be rendered on an as needed basis for an amount not to exceed $20,000. Attachment(s) 1. Services Agreement between the City of Vernon and Wilson Communications, LLC for Management Support Services Page 2 of 2 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND WILSON COMMUNICATIONS, LLC, FOR MANAGEMENT SUPPORT SERVICES COVER PAGE Contractor: Wilson Communications, LLC Responsible Principal of Contractor: AJ Wilson, President Notice Information - Contractor: Wilson Communications, LLC Attention: AJ Wilson, President Phone: 724-323-9226 Facsimile: 760-723-8623 Email: ajwcm@aol.com Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Carlos Fandino, City Administrator Telephone: (323) 583-8811 ext. 834 Facsimile: (323) 826-1422 Commencement Date: March 15, 2016 Termination Date: April 14, 2016 Consideration: Total not to exceed $20,000.00 Records Retention Period Three (3) years, pursuant to Section 9.19 1 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND WILSON COMMUNICATIONS, LLC FOR MANAGEMENT SUPPORT SERVICES This Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation ("City"), and Wilson Communications, LLC, a limited liability company ("Contractor"). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on March 15, 2016. 2.0 SCOPE OF SERVICES. 2.1 Contractor shall provide professional management advisory & support services on an on-call basis, as requested by the City Administrator. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed according to the standards then prevailing in the City Management and related advisory & support services profession. 3.0 PERSONNEL. 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 4.0 TERM. The term of this Contract shall commence on March 15, 2016, and it shall continue until April 14, 2016 unless terminated at an earlier date pursuant to the provisions thereof. 2 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the fee schedule set forth in Exhibit W . 5.2 Contractor's grand total compensation for the entire term of this Contract, including change orders, shall not exceed $20,000.00, without the prior authorization of the City Council and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment and transportation which may be required for furnishing services pursuant to this Contract. The above Contract fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month. 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after 3 the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services, authorized costs and authorized extra work covered by that invoice. 7.0 CHANGE ORDERS. There is no change order authority provided in this Contract. 8.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services. 9.0 GENERAL TERMS AND CONDITIONS. 9.1 INDEPENDENT CONTRACTOR. 9.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or employee of City and shall furnish such services in its own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 9.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 9.2 CONTRACTOR NOT AGENT. Except as the City may authorize 4 in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 9.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 9.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy or incompleteness. 9.5 WAIVER. The City's waiver of any term, condition, breach or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 9.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and/or assigns. 9.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties or otherwise constitute a novation. 9.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, 5 State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. 9.9 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 9.10 INTERPRETATION. 9.10.1 Applicable Law. This Contract, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California. 9.10.2 Entire Agreement. This Contract, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 9.10.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 9.10.4 Severability. If any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 6 9.10.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's Request for Proposals shall control over the Contractor's Proposal. 9.10.6 Choice of Forum. The parties hereby agree that this Contract is to be enforced in accordance with the laws of the State of California, is entered into and/or is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Contract shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 9.10.7 Duplicate Originals. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 9.11 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term and provision hereof. 9.12 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 9.13 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 9.14 INDEMNITY. 9.14.1 Contractor agrees to indemnify, hold harmless and defend (even if the 7 allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation)which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of: (1) any activity of the Contractor in the performance under this Contract; or (2) any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. 9.14.2 This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). 9.14.3 RELEASE. Contractor agrees to release and covenants not to sue the City, its City Council and each member thereof, and its officers, employees, commission members and representatives for any damage or injury (including death) to itself, its officers, employees, agents and independent contractors damaged or claiming to be damaged from any performance under this Contract. 9.15 INSURANCE. 9.15.1 Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. 9.15.2 Automobile Liability with minimum limits of at least $100,000/300,000/500,000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of$500,000 including owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form. 8 9.15.3 General Liability with minimum limits of at least $1,000,000 combined single limits written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Contract. 9.15.4 If Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. 9.15.5 Professional Errors and Omissions coverage in a sum of at least $1,000,000. Applicable aggregates must be identified and claims history provided to determine amounts remaining under the aggregate. 9.15.6 Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. Compliance is accomplished in one of the following manners: (a) Provide copy of permissive self-insurance certificate approved by the State of California; or (b) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or (c) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. 9 9.15.7 Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. 9.15.8 Insurance shall be placed with insurers with a Best's rating of no less than B:VIII. 9.15.9 Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. 9.15.10 Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Contract until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due Contractor, at City's option; (b) immediately terminate this Contract; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set- off or recoupment from any sums due Contractor. 9.16 NOTICES. Any notice or demand to be given by one party to the other be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City: City of Vernon Attention: City Administrator 4305 Santa Fe Avenue Vernon, CA 90058 10 If to the Contractor: AJ Wilson, President Wilson Communications, LLC Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 9.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 9.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of(1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. 9.19 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access 11 to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least 3 years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 9.20 CONFLICT. Contractor hereby represents, warrants and certifies that no member, officer or employee of the Contractor is a director, officer or employee of the City of I Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. 9.21 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25)for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1'/2 times the basic rate of pay. 12 I 9.22 LIVING WAGES Contractor, and any Subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "B". Upon the City's request, certified payroll records shall promptly be provided to the City 9.23 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "C". [Signatures Begin on Next Page]. 13 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City Wilson Communications, LLC, a limited and California municipal corporation liability company By: By: Carlos Fandino , City Administrator Name: Title: ATTEST: By: Maria E. Ayala, City Clerk Name: Title: APPROVED AS TO FORM: Hema Patel, City Attorney 14 i I I EXHIBIT A FEE SCHEDULE Hourly Rate: $150.00 Hourly rate for travel from office to/from Vernon City Hall: $75.00 Support services when not provided by the City of Vernon: At actual costs. In addition to the compensation provided above, the City will reimburse Contractor only for the following expenses: printing, copying costs (not to exceed 15 cents a page), long distance telephone calls, faxes, transcription fees, reporter's fees and ground transportation (in the amount set forth by the Internal Revenue Service standard mileage rate). Any other expense (e.g., travel expenses or travel time including travel to the City must be approved by the City Administrator in writing and in advance. No compensation shall be allowed for general overhead or support services such as typing, word processing, secretarial time of any nature (normal, overflow or overtime), clerical work, Lexis or Westlaw, equipment rental, calendaring, setting up files, updating files, computer time or service, nor any other expense not itemized or otherwise approved by the City Administrator. 15 EXHIBIT B LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. 16 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. 17 v iak RECEIVED MAR 0 7 20i6 STAFF REPORT CITY ADMINIST FIRE DEPARTMENT DATE: March 15, 2016 RECEIVED TO: Honorable Mayor and City Council MAR 0 9 2016 FROM: Michael A. Wilson, Fire Chief CITY CLERK'S OFFICE Originator: Adriana Ramos,Administrative Secretary RE: Approval of the 2015 UASI Subrecipient Agreement between the City of Los Angeles and the City of Vernon in connection with the Fiscal Year 2015 Urban Security Initiative Grant Program Recommendation A. Find that approval of the proposed action is exempt from California Environmental Quality Act("CEQA") review, because it is a government fiscal activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a"project" as defined by CEQA Guidelines section 15378; and B. Adopt the attached resolution approving and authorizing the City's participation in the 2015 Urban Areas Security Initiative Grant Program ("2015 UASI"), approving and authorizing the execution of an agreement by and between the City of Vernon and the City of Los Angeles, and authorize the Mayor and City Administrator to execute documents necessary to obtain the grant. The City of Los Angeles has approved and awarded 2015 UASI grant funds in the amount of$144,599.00 to the City of Vernon's Fire and Police Departments. Background The U.S. Department of Homeland Security, through the Grant Programs Directorate within the Federal Emergency Management Agency, provides financial assistance to the Los Angeles/Long Beach Urban Area ("LA/LBUA"). The LA/LBUA consists of the City of Los Angeles, the City of Long Beach, the unincorporated area of the County of Los Angeles, and participating jurisdictions. Funding for the UASI grants is determined by using a formula based upon a combination of current threat estimates critical assets within the urban area, and population density. Core cities and core counties were identified and established urban areas including jurisdictions contiguous to the core city and county. Under the UASI grant, the City of Los Angeles is considered the "core city." Since the City of Vernon falls within the 10-mile buffer Page 1 of 2 zone and is within the threat level of the core city, the City of Vernon is eligible to obtain grant funds. The objective of the UASI grant program is to address unique planning, equipment, and training requirements and to address the needs of large urban areas, while at the same time, helping core cities and core counties build an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism. It is recommended that the City participate in the 2015 UASI grant program as it will allow the Fire and Police departments to purchase additional equipment to improve the City's response capabilities for threats or acts of terrorism. On January 26, 2016, the Los Angeles City Council accepted the awarded 2015 UASI grant funds. The grant performance period began on September 1, 2015. All purchases for this grant must be processed to the City of Los Angeles before the end of the performance period on May 31, 2018. Of the $144,599.00 awarded to the City of Vernon Fire and Police Departments, $135,000.00 has been allocated to the Fire Department to fund the purchase of chemical, biological, radiological, nuclear and explosive ("CBRNE"), Hazardous Materials and Urban Search & Rescue training and equipment. The Police Department has been allocated $9,599.00 to fund the purchase of Personal Protective Equipment. These proposed purchases are specifically identified in the attached Project List/Budget. The 2015 UASI grant is administered for the LA/LBUA by the City of Los Angeles and is overseen by the California Governor's Office of Emergency Services. The 2015 UASI Subrecipient Agreement between the City of Los Angeles and the City of Vernon has been reviewed and approved as to form by the City Attorney's Department. Fiscal Impact The 2015 UASI grant is 100% reimbursable and there are no cost-share or match requirements. The City of Los Angeles will reimburse the City of Vernon for all purchased equipment up to the awarded grant funds. To receive reimbursement for equipment purchased using grant funds, the Fire and Police departments will be responsible for submitting all required documents/paperwork to the City of Los Angeles, demonstrating that the items were delivered and paid within the specified time frame. Attachment(s) 1. Proposed resolution with Subrecipient Agreement between the City of Los Angeles and the City of Vernon Page 2 of 2 RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE CITY' S PARTICIPATION IN THE 2015 URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM, APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE CITY OF LOS ANGELES, AND AUTHORIZING THE EXECUTION OF DOCUMENTS NECESSARY TO OBTAIN THE GRANT WHEREAS, the U. S . Department of Homeland Security ( "DHS" ) , through the Grant Programs Directorate within the Federal Emergency Management Authority (collectively the "Grantor" ) , has awarded a 2015 Urban Areas Security Initiative ("UASI" ) Grant of $55, 600, 000 . 00 to the City of Los Angeles for equipment, planning, exercises, organizational activities and training; and WHEREAS, the City of Los Angeles has approved and awarded 2015 UASI grant funds in the total amount of $144 , 599 . 00 to the Vernon Fire and Police Departments; and WHEREAS, the Grantor has allocated the sum of $135, 000 . 00 to the Vernon Fire Department to fund the purchase of chemical, biological, radiological, nuclear and explosive ( "CBRNE" ) , Hazardous Materials and Urban Search & Rescue training and equipment; and WHEREAS, the Grantor has allocated the sum of $9, 599 . 00 to the Vernon Police Department to fund the purchase of Personal Protective Equipment; and WHEREAS, the City of Los Angeles requires a formal agreement between the City and the City of Los Angeles setting forth the terms and conditions governing the disbursement and use of 2015 UASI grant funds (the "Agreement" ) prior to disbursing said funds to the City; and WHEREAS, City staff has recommended that the City participate in the 2015 UASI Grant Program and that the City Council approve and authorize the execution of the necessary documents to receive funding under said Program; and WHEREAS, the City Council desires to participate in the 2015 UASI Grant Program and approve and authorize the execution of necessary documents to receive 2015 UASI grant funds in the total sum of $144 , 599 . 00 . 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 government fiscal 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 : The City Council of the City of Vernon hereby approves the City' s participation in the 2015 UASI Grant Program. SECTION 4 : The City Council of the City of Vernon hereby approves the Agreement with the City of Los Angeles, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 5 : 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 6 : The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to execute any and - 2 - all documents necessary to secure the grant funds and implement and carry out the terms of the Agreement, including the Certifications regarding debarment, lobbying and drug-free requirements attached hereto and incorporated herein as Exhibits B, C, and D, respectively, and to take whatever action is deemed necessary or desirable for the purpose of implementing and carrying out the purposes specified in the Agreement for, and on behalf of, the City of Vernon. SECTION 7 : The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk' s designee, to send two executed Agreements to: Los Angeles Mayor' s Office of Public Safety Attention: Kristina Gannon 200 N. Spring Street, Room 303 Los Angeles, CA 90012 - 3 - SECTION 8 : 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 15th day of March, 2016 . Name : Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: a Zayn-M ,'N Moussa, Deputy City Attorney STATE OF CALIFORNIA ' ss COUNTY OF LOS ANGELES 1 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, March 15, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of March, 2016, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) 5 - EXHIBIT A iv SUBAWARD AGREEMENT Subrecipient: City of Vernon Title: FY 2015 Urban Area Security Initiative (UASI) Grant Program City Contract Number TABLE OF CONTENTS Section Section Title Pia e Number Number I. GENERAL INFORMATION §1.1 Federal Award Information.................................................................................. 1 §1.2 Subaward Information and Period of Performance ............................................. 1 §1.3 Parties and Notice...............................................................................................2 §1.4 Authorities ...........................................................................................................2 II. SUBAWARD TERMS AND CONDITIONS §2.1 Summary of Requirements..................................................................................4 §2.2 City Adminstrative Requirements........................................................................4 §2.3 DHS and CaIOES Requirements ........................................................................7 §2.4 Uniform Requirements for Federal Awards ....................................................... 11 III. STANDARD PROVISIONS §3.1 Independent Party............................................................................................. 17 §3.2 Construction of Provisions and Title Herein ...................................................... 17 §3.3 Applicable Law, Interpretation and Enforcement............................................... 17 §3.4 Integrated Agreement ....................................................................................... 17 §3.5 Excusable Delays.............................................................................................. 18 §3.6 Breach............................................................................................................... 18 §3.7 Prohibition Against Assignment and Delegation................................................ 18 §3.8 Indemnification .................................................................................................. 18 §3.9 Subcontractor Assurances ................................................................................ 19 §3.10 Remedies for Noncompliance ........................................................................... 19 §3.11 Termination ....................................................................................................... 19 §3.12 Amendments..................................................................................................... 20 §3.13 Complete Agreement ........................................................................................20 SignaturePage..............................................................................................21 UASI 15 Subaward Agreement i EXHIBITS Exhibit A DHS Standard Conditions and CalOES Assurances Exhibit B Financial Management Forms Workbook Exhibit C Modification Request and Reimbursement Request Forms Exhibit D CalOES Forms Exhibit E Technology Standards UASI 15 Subaward Agreement ii AGREEMENT NUMBER OF CITY CONTRACTS BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF VERNON THIS SUBAWARD AGREEMENT ("Agreement" or "Contract") is made and entered into by and between the City of Los Angeles, a municipal corporation (the "City"), and the City of Vernon, a municipal corporation (the "Subrecipient"). In consideration of the mutual covenants set forth herein and the mutual benefits to be derived therefrom, the City and Subrecipient (each a "Party" and collectively, the "Parties") agree as follows: I. GENERAL INFORMATION §1.1 Federal Award Information The "Federal award" (as such term is defined in the Code of Federal Regulations ("CFR"), 2 CFR §200.38, and used in this Agreement) is the Fiscal Year (FY) 2015 Urban Area Security Initiative Grant Program, FAIN #EMW-2015-SS- 00078, CFDA #97.067, Federal Award Date July 28, 2015. The "Federal awarding agency" (as such term is defined in 2 CFR §200.36 and used in this Agreement) is the United States Department of Homeland Security, Federal Emergency Management Agency, Grants Program Directorate ("DHS"). The State of California, through its Governor's Office of Emergency Services ("CalOES"), acts as the "pass-through entity" (as such term is defined in 2 CFR §200.74 and used in this Agreement) for the subaward of the Federal award to the City for the benefit of the Los Angeles/Long Beach Urban Area ("LA/LBUA") in the amount of$55,600,000.00. The City, acting through its Mayor's Office of Public Safety ("Mayor's Office"), acts as the pass-through entity for this subaward of the Federal award to Subrecipient. §1.2 Subaward Information and Period of Performance Subrecipient hereby accepts the following subaward ("Subaward") of the Federal award upon the terms and conditions set forth in this Agreement: Subaward amount: $144,599.00 Subaward Period of Performance ("Term"): September 1, 2015 to May 31, 2018 Match Requirement: None UASI 15 Subaward Agreement 1 The term of this Agreement shall be the "Term" as set forth in this Section 1.2. I §1.3 Parties and Notice The Parties to this Agreement, and their respective representatives who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows: Party: City of Los Angeles Authorized Representative: Jeff Gorell, Deputy Mayor Authorized Department: Mayor's Office of Public Safety Address, Phone, Fax, E-mail: 200 N. Spring Street, Room 303 Los Angeles, CA 90012 Phone: (213)978-0687 Email: jeff.gorell@lacity.org Party: City of Vernon Authorized Representative: Michael Wilson, Fire Chief Authorized Department: Vernon Fire Department Address, Phone, Fax, E-mail: 4305 S. Santa Fe Avenue Vernon, CA 90058 Phone: (323) 583-8811, Ext. 287 Email:mwilson@ci.vernon.ca.us Formal notices, demands and communications to be given hereunder by either Party shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accordance with this section, within five (5) business days of said change. §1.4 Authorities The Los Angeles City Council and the City's Mayor have accepted the Federal award and have authorized the City to execute this Agreement (C.F. #15-0734, 1/26/16.) Subrecipient warrants that it has obtained written authorization from its city council, governing board, or authorized body to execute this Agreement and accept and use the Subaward. Subrecipient further warrants that such written authorization specifies that Subrecipient and the city council, governing board or authorized body agree: a. To provide all matching funds required under the Subaward and that any cash match will be appropriated as required. UASI 15 Subaward Agreement 2 b. That any liability arising out of the performance of this Agreement shall be the responsibility of Subrecipient and the city council, governing board or authorized body. C. That Subaward funds shall not be used to supplant expenditures controlled by the city council, governing board or authorized body. d. That the official executing this Agreement is, in fact, authorized to do so. Subrecipient shall maintain this proof of authority on file and make it readily available upon demand. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] UASI 15 Subaward Agreement 3 II. SUBAWARD TERMS AND CONDITIONS §2.1 Summary of Requirements By executing this Agreement, Subrecipient hereby agrees that it shall comply with all terms and conditions set forth in this Agreement, which includes all guidance, regulations and requirements (collectively, "Requirements") of the Federal awarding agency and CalOES that are applicable to a recipient and/or subrecipient of a Federal award or grant. Such Requirements are set forth in the following documents and incorporated herein by this reference: (1) Department of Homeland Security FY 2015 Homeland Security Grant Program Notice of Funding Opportunity ("DHS NOFO"), (2) FY 2015 DHS Standard Terms and Conditions ("DHS Standard Conditions"), (3) FEMA Information Bulletins (113"), (4) CalOES 2015 Homeland Security Grant Program California Supplement to the Federal Notice of Funding Opportunity ("CalOES Supplement"), (5) CalOES 2015 Standard Assurances for All CalOES Federal Grant Programs ("CalOES Assurances"), (6) CalOES Grant Management Memos ("GMM"), and (6) the cost principles, uniform administrative requirements and audit requirements for federal grant programs as housed in Title 2, Part 200 of the Code of Federal Regulations ("CFR") and in updates issued by the Office of Management and Budget ("OMB") on http:///www.whitehouse.gov/omb/. Subrecipient hereby certifies that it has the legal authority to execute this Agreement, accept the Subaward given through this Agreement, and has the institutional, managerial and financial capability to ensure proper planning, management and completion of its projects being funded by the Subaward. Subrecipient hereby acknowledges that it is responsible for reviewing and adhering to all Requirements referenced above. For reference and without limitations, certain of the Requirements are set forth in more detail in the sections below. §2.2 City Administrative Requirements A. Subrecipient acknowledges and agrees that the City is acting as a "pass- through entity" (as such term is defined in 2 CFR §200.74 and used in this Agreement) for this Subaward and that the City shall have the rights and obligations relating to this Subaward and its administration as set forth in this Agreement and in 2 CFR Part 200. B. Subrecipient and the City have previously completed a mutually approved Financial Management Forms Workbook which was approved by CaIOES prior to the execution of this Agreement (the "Workbook") and which is attached hereto as Exhibit B. The Workbook contains detailed listings of items and projects and the amount of Subaward funds allocated for such items and projects. Subrecipient shall use the Subaward funds strictly in accordance with the Workbook, and any expenditures not so made shall be deemed disallowed under this Subaward. UASI 15 Subaward Agreement 4 The City shall provide Subrecipient with an electronic Workbook of Subrecipient's projects. Any request by Subrecipient to modify the Workbook must be made in writing and accompanied by a completed Modification Request Form, attached hereto as Exhibit C, and a revised Workbook showing such modification and containing all supporting documentation as required. Workbook modification requests must be submitted to the City no often than once a month and prior to deadlines set by the City. Requests submitted after any such deadline will be returned to Subrecipient and will not be accepted until the following submission period. The City will notify Subrecipient in writing if Workbook modification requests are inaccurate and/or incomplete. Inaccurate and/or incomplete requests shall be returned to the Subrecipient for revision and shall be accepted by the City when such requests are accurate and complete. Subrecipient shall not expend any funds on modified Workbook items until such modification is approved by the City and CalOES. C. Subrecipient previously submitted to the City a Project Application in connection with the Subaward, which included a Project Timeline ("Project Timeline") setting forth details regarding the milestone and completion dates for Subrecipient projects funded under the Subaward. Subrecipient shall manage its Subaward funded projects in accordance with the Project Timeline and provide, in a timely manner, any plans and reports requested by the City regarding the status of such projects. In the event a Workbook modification request requires a modification to the Project Timeline, Subrecipient shall update the Project Timeline accordingly and submit it along with its Workbook modification request for approval. Failure to meet any milestones or deadlines as set forth in Subrecipient's Project Timeline may result in the City reducing Subaward funds allocated to the Subrecipient. D. Subrecipient shall complete and deliver to the City all forms required by CalOES in connection with the implementation of Subrecipient's projects under the Subaward. Such forms, which are collectively attached hereto as Exhibit D, include: (1) an aviation equipment request form, (2) a watercraft equipment request form, (3) an Emergency Operations Center request form, (4) an Environmental and Historical Preservation ("EHP") request form, and (5) a sole source procurement request form. Subrecipient acknowledges that all such forms must be completed, delivered and approved by the City and CalOES prior to the purchase of said equipment, implementation of the project, or the completion of a sole source procurement, as the case may be. Approval of such requests and forms shall be made by the City and CalOES in their respective sole discretion. Failure to gain approval of such completed requests and forms by the City and CaIOES may disallow any costs incurred by Subrecipient under this Subaward in connection with such equipment, project or procurement. UASI 15 Subaward Agreement 5 E. Subrecipient agrees that any equipment, product, service or activity funded with this Subaward shall comply with any and all technological and/or interoperability specifications and standards as may be approved by the LA/LBUA region, and any such equipment, product, service or activity not so compliant shall be not eligible for funding by this Subaward. A list of technological standards currently approved by the LA/LBUA region is attached as Exhibit E. Subrecipient shall further ensure that it retains from its contractors, subcontractors, and vendors all rights related to inventions, copyrightable materials, and data for which the Federal awarding agency and CalOES has rights to, as more fully set forth in 2 CFR §315 Agreement and Section 2.3.P. of this Agreement. F. Any "equipment" (as such term is defined in 2 CFR §200.33 and used in this Agreement) acquired or obtained with Subaward funds: (1) Shall be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the LA/LBUA, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan; (2) Shall be consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy; and (3) Shall have an LA/LBUA identification decal affixed to it, and, when practical, shall be affixed where it is readily visible and prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." Subrecipient shall take a physical inventory of all equipment acquired or obtained with Subaward funds and reconcile the results with equipment records at least once every year. G. This Subaward is not a "fixed amount award" as such term is defined in 2 CFR §200.45. Subrecipient agrees that disbursment of this Subaward to Subrecipient shall be made on a reimbursement method. In the event Subrecipient requests advance payment of Subaward funds, Subrecipient shall comply with, and provide evidence to the City of compliance with, the criteria and obligations related to the use of advance payments as set forth in 2 CFR §200.305 as well as satisfying any other City and CalOES requirements for advance payments. In requesting reimbursement from Subaward funds, Subrecipient shall prepare, maintain and provide to the City a completed Reimbursement Request Form (attached hereto as Exhibit C) along with invoices, purchase orders, proof of delivery, proof of payment and payroll records, timesheets, receipts and any other supporting documentation necessary UASI 15 Subaward Agreement 6 to fully and accurately describe the expenditure of funds for which reimbursement from the Subaward is requested (collectively, the "Reimbursement Request"). All such supporting documentation for the Reimbursement Request shall satisfy applicable Federal, State and City audit and review standards and requirements. Such documentation shall be prepared at the sole expense and responsibility of Subrecipient, and the City and the Subaward will not reimburse the Subrecipient for any costs incurred for such preparation. The City may request, in writing, changes to the content and format of such documentation at any time, and the City reserves the right to request additional supporting documentation to substantiate costs incurred at any time. The City will notify Subrecipient in writing if a Reimbursement Request is inaccurate and/or incomplete. Inaccurate and/or incomplete Reimbursement Requests shall be returned to Subrecipient for revision and shall be accepted by the City when Reimbursement Requests are accurate and complete. Reimbursment Requests must be submitted to the City on a monthly basis. The City shall forward a Reimbursement Request to CalOES for payment within thirty (30) days of receipt of such Reimbursement Request, provided such request is deemed accurate and complete. The City shall forward reimbursement payment on a Reimbursement Request to Subrecipient within thirty (30) days of receipt of such reimbursement payment from CalOES to the City. Final Reimbursement Requests for this Subaward must be received by the City no later than one hundred twenty (120) days prior to the end of the Term to allow the City sufficient time to complete close-out activities for this Subaward (the "Reimbursement Deadline"). Any Reimbursement Request submitted after the Reimbursement Deadline shall be rejected unless, prior to the the submission of such request, the Mayor's Office, in its sole discretion, has approved in writing the submission of such request after the Reimbursement Deadline. After the Reimbursement Deadline, any unexpended Subaward funds may be re-directed to other needs across the LA/LBUA region. The City will notify Subrecipient, in writing, when unexpended Subaward funds may be re-directed. H. Subrecipient acknowledges that the City makes no commitment to disburse Subaward funds beyond the terms set forth herein and that funding for all periods during the Subaward Term is subject to the continuing availability to the City of federal funds for this Subaward from CalOES and the Federal awarding agency. This Agreement may be terminated immediately upon written notice to Subrecipient of such loss or reduction of Subaward funds. §2.3 DHS and CaIOES Requirements UASI 15 Subaward Agreement 7 Subrecipient shall comply with all Requirements promulgated by DHS (which is the Federal awarding agency for this Subaward) and CalOES which are applicable to this particular Subaward. These include, without limitation, (1) the Requirements for recipients and subrecipients set forth in the DHS NOFO and the DHS Standard Conditions, and (2) the Requirements for "Applicant" and subrecipients set forth in the CalOES Supplement and the CalOES Assurances. For reference, the DHS Standard Conditions and the CalOES Assurances are both attached hereto as Exhibit A and incorporated herein. Some of these DHS and CalOES Requirements are set forth below in this Section 2.3. A. Subrecipient will not use Subaward funds to supplant (replace) funds that have been budgeted for the same purpose through non-federal sources. Upon request by the City, CalOES and/or the Federal awarding agency, Subrecipient shall be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Subaward funds. Subrecipient shall not charge any costs allocable under this Subaward to any other Federal award to overcome fund deficiencies, to avoid restrictions imposed by Federal statutues, regulations, or terms and conditions of Federal awards, or for other reasons. Subrecipient shall not be delinquent in the repayment of any Federal debt. Subrecipient must request instruction from the City and CalOES for proper disposition of any original or replacement equipment acquired with Subaward funds. B. Subrecipient shall comply with the requirement of 31 U.S.C. Section 3729, which sets forth that no subgrantee, recipient or subrecipient of federal funds or payments shall submit a false claim for payment, reimbursement or advance. Subrecipient agrees to be subject to the administrative remedies as found in 38 U.S.C. Section 3801-3812 for violations of this requirement. C. Subrecipient shall comply with the provisions of DHS Specific Acknowledgements and Assurances section set forth in the DHS Standard Conditions and the Reporting Accusations and Findings of Discrimination section of the CalOES Assurances. D. Subrecipient shall comply with the provisions of the Lobbying and Political Activities section set forth in the CalOES Assurances. In connection thereto, Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the UASI 15 Subaward Agreement 8 entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, Subrecipient shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. c. Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. E. As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 180, Subrecipient shall provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Subrecipient hereby certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 2.3.G.c. above; and d. Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default. F. Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.) which is adopted at 2 CFR Part 3001. In connection thereto, Subrecipient hereby certifies that it will or will continue to provide a drug-free workplace and a drug-free awareness program as outlined in such Act. UASI 15 Subaward Agreement 9 G. Subrecipient shall comply with all Federal statutes relating to non- discrimination, including, without limitation, those statues and provisions set forth in the Non-Discrimination and Equal Employment Opportunity section of the CalOES Assurances. Subrecipient hereby certifies that it will comply with the Americans with Disabilities Act, 42 USC §12101 et seq., and its implementing regulations (ADA), the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), Pub. L. 110-325 and all subsequent amendments, Section 504 of the Rehabilitation Act of 1973 (Rehab. Act), as amended, 29 USC 794 and 24 CFR Parts 8 and 9, the Uniform Federal Accessibility Standards (UFAS), 24 CFR, Part 40, and the Fair Housing Act, 42 U.S.C. 3601, et seq.; 24 CFR Parts 100, 103, and 104 (FHA) and all implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the ADA, the ADAAA, the Rehab Act, the UFAS and the FHA and all subsequent amendments. Subrecipient will not discriminate against persons with disabilities or against persons due to their relationship to or association with a person with a disability. Any contract entered into by Subrecipient (or any subcontract thereof), relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph. H. Subrecipient shall comply with the provisions set forth in the Environmental Standards section of the CalOES Assurances. I. Subrecipient shall comply with the provisions set forth in the Reporting- Accountability section of the CalOES Assurances, which relate to compliance with the Federal Funding Accountability and Transparency Act and statutory requirements for whistleblower protections. J. Subrecipient shall comply with the provisions set forth in the Human Trafficking section of the CalOES Assurances, which relate to compliance with the Trafficking Victims Protection Act (TVPA) of 2000. K. Subrecipient shall comply with the provisions set forth in the Labor Standards section and Worker's Compensation section of the CalOES Assurances, which relate to compliance with various Federal statutes regarding labor standards and State worker's compensation requirements. L. Subrecipient shall comply with the provisions set forth in the Property- Related section of the CalOES Assurances and the provisions applicable to construction projects as set forth in the Certfications Applicable to UASI 15 Subaward Agreement 10 Federally-Funded Construction Projects section of the CalOEs Assurances. M. Subrecipient acknowledges the applicability of the Freedom of Information Act and the California Public Records Act to certain information as more fully set forth in the Freedom of Information Act section and the California Public Records Act section of the CaIOES Assurances. N. When collecting Personally Identifiable Information (PII), Subrecipient must have a publicly-available policy that describes what PII it collects, how it plans to use the PII, whether it shares PII with third parties, and how individuals may have their PII corrected where appropriate. O. Subrecipient shall comply with the provisions set forth in the Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags section of the CalOES Assurances, which relate to requirements for acknowledging the use of federal funds and obtaining approval for use of various DHS seals and logos. P. Subrecipient shall affix applicable copyright notices as required under the Copyright section of the CalOES Assurances and shall be subject to the provisions set forth in the Patents and Intellectual Property Rights section of the DHS Standard Conditions. Q. Subrecipient shall comply with the provisions set forth in the Contract Provisions for Non-federal Entity Contracts under Federal Awards section of the DHS Standard Conditions. R. Subrecipient shall comply with the SAFECOM Guidance for Emergency Communication Grants when using Subaward funds in connection with emergency communication equipment, including provisions on technical standards that ensure and enhance interoperable communications. S. Subrecipient shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of personal or organizational conflict of interest or personal gain. Subrecipient shall comply with all Federal and State conflict of interest laws and regulations. T. Subrecipient shall comply with the provisions set forth in the following sections of the CalOES Assurances; (1) the Energy Policy and Conservation Act, (2) the Hotel and Motel Fire Safety Act of 1990, (3) the Terrorist Financing E.O. 13224, and (4) the USA Patriot Act of 2001. §2.4 Uniform Requirements for Federal Awards UASI 15 Subaward Agreement 11 Subrecipient acknowledges that this Subaward is a "Federal award" as such term is defined in 2 CFR §200.38 and that Subrecipient's use of this Subaward is subject to the uniform administrative requirements, cost principles, and audit requirements for Federal awards which are codified in 2 CFR Part 200 (the "Uniform Requirements"). Subrecipient agrees that it is considered a "non- Federal entity" and a "subrecipient" as such terms are defined in 2 CFR §§200.69 and 200.93, respectively. Thus, Subrecipient hereby agrees to comply with, and be subject to, all provisions, regulations and requirements applicable to a "subrecipient" and a "non-Federal entity" as set forth in the Uniform Requirements. Further, Subrecipient agrees that the City and CalOES are each a "pass-through entity" as such term is defined in 2 CFR §200.74 and that each of them shall have the rights and remedies of a "pass-through entity" in relation to this Subaward and Subrecipient as set forth in the Uniform Requirements. Without limitation, some of these Uniform Requirements are set forth below in this Section 2.4. A. Subrecipient shall disclose to the City any potential conflict of interest in connection to this Subaward and its use in accordance with 2 CFR §200.112. B. Subrecipient shall comply with the mandatory disclosure requirements for violations of Federal criminal law involving fraud, bribery, or gratutity as set forth in 2 CFR §200.113. C. Subrecipient acknowledges that the City may impose additional specific conditions to this Subaward in accordance with 2 CFR §200.207, and Subrecipient shall comply with such conditions. Subrecipient shall also submit any annual certifications and representations deemed required by the City in accordance with 2 CFR §200.208. D. Financial Management and Internal Controls Subrecipient shall comply with the requirements for a non-Federal entity regarding financial management and the establishment of a financial management system, all as more fully set forth in 2 CFR §200.302. Further, Subrecipient shall comply with the requirements set forth in 2 CFR §200.303, which relate to certain obligations required of Subrecipient to maintain internal controls over the use of this Subaward. E. In the event this Subaward requires cost sharing or matching of funds from Subrecipient, Subrecipient shall comply with the cost sharing and matching requirements set forth in 2 CFR §200.306. F. Subrecipient shall comply with the requirements relating to program income as more fully set forth in 2 CFR §200.307. G. Property Standards When property (real, tangible or intangible) is, in whole or in part, improved, developed, purchased or otherwise acquired with Subaward UASI 15 Subaward Agreement 12 funds, Subrecipient shall comply with the regulations set forth in 2 CFR §§200.310 through 200.316 ("Property Regulations"). These Property Regulations include, without limitation, provisions related to the following: 1. Requirements for insurance coverage for real property and equipment. 2. Requirements for title, use, disposition and transfer of title of"real property" (as defined in 2 CFR §200.85). 3. Regulations involving Federally-owned and exempt property. 4. Requirements for title, use, management (including recordkeeping, inventory, control systems and maintenance procedures), and disposition of"equipment" (as defined in 2 CFR §200.33). 5. Requirements for title, use and disposition of"supplies" (as defined in 2 CFR §200.94). 6. Requirements for title, rights, use and disposition of"intangible property" (as defined in 2 CFR §200.59). Such requirements include, without limitation, (a) a reservation of rights by the Federal awarding agency to a royalty-free, non-exclusive and irrevocable right to use certain copyrighted work or work subject to copyright, (b) the rights of the Federal government to data produced under the Subaward, (c) the applicability of the Freedom of Information Act to certain research data produced or acquired under the Subaward, and (d) Subrecipient's compliance with applicable regulations governing patents and inventions, including government wide regulations codified at 37 CFR Part 401. Subrecipient agrees that it shall hold in trust all real property, equipment and intangible property acquired, developed or improved with Subaward funds in accordance with the provisions set forth in 2 CFR §200.316. H. Procurement and Contracting Regulations When procuring and/or contracting for property and/or services that are to be paid or reimbursed by any amount of Subaward funds, Subrecipient shall comply with all regulations applying to "non-Federal entities" as set forth in 2 CFR §§200.318 through 200.326 (the "Procurement Regulations"). These Procurement Regulations include, without limitation, provisions requiring the following: 1. Documentation and use of procurement procedures in compliance with Procurement Regulations. 2. Contracting oversight and maintenance of written standards of conduct covering conflicts of interest. 3. Compliance with federal standards regarding procurement and award of contracts, competition, and procurement methods. UASI 15 Subaward Agreement 13 4. Affirmative steps required to encourage contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. 5. Compliance with Section 6002 of the Solid Waste Disposal Act in the procurement of recovered materials. 6. Requirement to perform a cost or price analysis in connection with procurements. 7. Bonding requirements. 8. Requirement to make procurement documentation available for review by the City, CalOES and the Federal awarding agency. In addition, Subrecipent must include in all of its contracts paid or reimbursed in whole or in part with Subaward funds the provisions set forth in Appendix II to 2 CFR Part 200 (Contract Provisions for non- Federal Entity Contracts under Federal Awards) as required by 2 CFR §200.326. I. Financial and Performance Monitoring and Reporting Subrecipient shall comply with the monitoring requirements for a non- Federal entity as set forth in 2 CFR §200.328, which requires the Subrecipient to oversee the operations of its activities supported by the Grant and monitor such activities to assure compliance with applicable Federal requirements and performance expectations are being achieved. Further, Subrecipient shall comply with the financial and performance reporting requirements for a non-Federal entity as set forth in 2 CFR §§200.327 to 200.329 and any other reporting requirements that may be promulgated by the Federal awarding agency, CalOES or the City in accordance with such regulations. Such reporting requirements include, without limitation, the provision of any information required for the assessment or evaluation of any activities funded by the Subaward and the reporting of information related to real property in which the Federal government retains an interest. Subrecipient acknowledges that the City, as a "pass-through entity," may make various findings, determinations, evaluations and reports regarding Subrecipient and its use of Subaward funds, as set forth in 2 CFR §§200.330 to 200.332. In accordance with such regulations, Subrecipient shall comply with, and timely grant to the City and its auditors, any monitoring requests, requests for on-site access to facilities, equipment and personnel, and requests for any other information as may be authorized under such regulations. Subrecipient shall also timely grant to the City and its auditors access to Subrecipient's records and financial statements as required under 2 CFR §200.331(a)(5). In addition, Subrecipient shall comply with any conditions that may be placed upon Subrecipient as part of the City's risk evaluation of Subrecipient under 2 UASI 15 Subaward Agreement 14 CFR §200.331(b). J. Record Retention and Access Subrecipient shall comply with all records retention, maintenance, storage, transmission, and collection requirements applicable to a non-Federal entity as set forth in 2 CFR §§200.333 to 200.335. Such regulations require, without limitation, that Subrecipient retain financial records, supporting documents, statistical records, and all other records of Subrecipient that are related and/or pertinent to Subrecipient's use of Subaward funds in a manner and for a duration of time as prescribed in such regulations and that Subrecipient collect, transmit and store Subaward-related information in a manner as set forth in 2 CFR §200.335. In accordance with the provisions set forth in 2 CFR §200.336, Subrecipient hereby grants the Federal awarding agency, the Inspectors General, the Comptroller General of the United States, CalOES, and the City, or any of their authorized representatives, the right of access to any documents, papers, or other records of Subrecipient which are pertinent to the Subaward, in order to make audits, examinations, excerpts, and transcripts. This right also includes timely and reasonable access to Subrecipient's personnel for the purpose of interview and discussion related to such documents. These access rights shall not be limited to any required record retention period but last as long as the records are retained, and access shall not otherwise be limited unless as specifically permitted under 2 CFR §§200.336 to 200.337. Subrecipient shall require any of its subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with the provisions of this Section. K. Cost Principles Subrecipient shall comply with the cost principles for federal awards as set forth in 2 CFR Part 200 Subpart E ("Cost Principles"). Subrecipient acknowledges and agrees that any costs incurred by Subrecipient may only be charged to or reimbursed by Subaward funds if it is incurred in compliance with all Requirements for the Subaward and is also deemed allowable and allocable under the Subaward in accordance with the provisions set forth in the Cost Principles. L. Audit Requirements By virtue of using Subaward funds, Subrecipient acknowledges and agrees that it is subject to the provisions set forth in 2 CFR Part 200 Subpart F ("Audit Requirements"). Subrecipient shall comply with all provisions applicable to a non-Federal entity and an "auditee" (as defined in 2 CFR §200.6) as set forth in such Audit Requirements, including the requirement to conduct a single audit if applicable. UASI 15 Subaward Agreement 15 M. Closeout and Post Closeout Subrecipient shall comply with the obligations applicable to a non-Federal entity as it pertains to the closeout of this Subaward as set forth in 2 CFR §200.343. Subrecipient acknowledges and agrees that it shall continue to comply with the post closeout obligations set forth in 2 CFR §200.344 after closeout of the Subaward and expiration of the Term of this Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] UASI 15 Subaward Agreement 16 Ill. STANDARD PROVISIONS §3.1 Independent Party Subrecipient is acting hereunder as an independent party, and not as an agent or employee of the City. No employee of Subrecipient is, or shall be, an employee of the City by virtue of this Agreement, and Subrecipient shall so inform each employee organization and each employee who is hired or retained under this Agreement. Subrecipient shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the City by virtue of this Agreement. §3.2 Construction of Provisions and Titles Herein All titles, subtitles, or headings in this Agreement have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party. The word "Subrecipient" herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural. If there is more than one Subrecipient as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used. §3.3 Applicable Law, Interpretation and Enforcement Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, the County and City of Los Angeles, including but not limited to, laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Agreement shall be enforced and interpreted under the laws of the State of California without regard to conflict of law principles. Subrecipient shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. In any action arising out of this Agreement, Subrecipient consents to personal jurisdiction, and agrees to bring all such actions, exclusively in state and federal courts located in Los Angeles County, California. If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining parts, terms or provisions of this Agreement shall not be affected thereby. §3.4 Integrated Agreement This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein. UASI 15 Subaward Agreement 17 §3.5 Excusable Delays In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension. Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the party's willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable control. §3.6 Breach Except for excusable delays as described in §3.5 herein, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated. §3.7 Prohibition Against Assignment or Delegation Subrecipient may not, unless it has first obtained the written permission of the City: A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §3.8 Indemnification Each of the parties to this Agreement is a public entity. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities, solely by reason of such entities being parties to an Agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Sections 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above- stated purpose, each party indemnifies and holds harmless the other party solely by virtue of said Section 895.2. The provision of Section 2778 of the California Civil Code is made a part hereto as if fully set forth herein. Subrecipient certifies that it has adequate self insured retention of funds to meet any obligation arising from this Agreement. UASI 15 Subaward Agreement 18 A. Pursuant to Government Code Sections 895.4 and 895.6, the parties shall each assume the full liability imposed upon it, or any of its officers, agents or employees, by law for injury caused by any negligent or wrongful act or omission occurring in the performance of this Agreement. B. Each party indemnifies and holds harmless the other party for any loss, costs, or expenses that may be imposed upon such other party by virtue of Government Code section 895.2, which imposes joint civil liability upon public entities solely by reason of such entities being parties to an agreement, as defined by Government Code section 895. C. In the event of third-party loss caused by negligence, wrongful act or omission by both Parties, each party shall bear financial responsibility in proportion to its percentage of fault as may be mutually agreed or judicially determined. The provisions of Civil Code Section 2778 regarding interpretation of indemnity agreements are hereby incorporated §3.9 Subcontractor Assurances Subrecipient shall contractually obligate all of its contractors, subcontractors and vendors funded by Subaward funds as may be required to ensure that Subrecipient can comply with all of the Requirements and other provisions of this Agreement. §3.10 Remedies for Noncompliance Subrecipient acknowledges and agrees that, in the event Subrecipient fails to comply with the terms and conditions of this Agreement or with any Requirements referenced in Section 2.1 above, the Federal awarding agency, CalOES or the City shall have the right to take one or more of the actions set forth in 2 CFR §200.338. Such actions may include, without limitation, the withholding of cash payments, suspension and/or termination of the Subaward, and the disallowing of certain costs incurred under the Subaward. Any costs incurred by Subrecipient during a suspension or after termination of the Subaward shall not be considered allowable under the Subaward unless allowed under 2 CFR §200.342. Subrecipient shall be liable to the Federal awarding agency, CalOES and the City for any Subaward funds the Federal awarding agency or CalOES determines that Subrecipient used in violation of any Requirements reference in Section 2.1 above, and Subrecipient shall indemnify and hold harmless the City for any sums the Federal awarding agency or CalOES determines Subrecipient used in violation of such Requirements. Subrecipient shall be granted the opportunity to object to and challenge the taking of any remedial action by the Federal awarding agency, CalOES or the City in accordance with the provisions set forth in 2 CFR §200.341. §3.11 Termination Subrecipient acknowledges and agrees that the Subaward, and any obligation to disburse to or reimburse Subrecipient in connection thereto, may be terminated UASI 15 Subaward Agreement 19 in whole or in part by the Federal awarding agency, CaIOES or the City as set forth in 2 CFR §200.339. Subrecipient shall have the right to terminate the Subaward only as set forth in 2 CFR §200.339. In the event the Subaward is terminated, all obligations and requirements of this Agreement and the Grant shall survive and continue in full force and effect in connection with any portion of the Subaward remaining prior to such termination, including, without limitation, the closeout and post closeout requirements set forth in this Agreement. §3.12 Amendments Any change in the terms of this Agreement, including the performance period of the Subaward and any increase or decrease in the amount of the Subaward, which are agreed to by the City and Subrecipient shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto. §3.13 Complete Agreement This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein and neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement. This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreement includes twenty-one (21) pages and five (5) Exhibits which constitute the entire understanding and agreement of the parties. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] UASI 15 Subaward Agreement 20 IN WITNESS WHEREOF, the City and Subrecipient have caused this Subaward Agreement to be executed by their duly authorized representatives. APPROVED AS TO FORM AND For: THE CITY OF LOS ANGELES LEGALITY: ERIC GARCETTI, Mayor MICHAEL N. FEUER, City Attorney By Eric Garcetti, Mayor BY Deputy City Attorney Mayor's Office of Public Safety Date Date ATTEST: HOLLY L. WOLCOTT, City Clerk By Deputy City Clerk Date APPROVED AS TO FORM: For: The City of Vernon, a municipal corporation By City Attorney By Date Date ATTEST: By [SEAL] City Clerk Date City Business License Number: Internal Revenue Service ID Number: Council File/OARS File Number: C.F. #15-0734 Date of Approval 1/26/16 City Contract Number: UASI 15 Subaward Agreement 21 EXHIBIT A Fiscal Year 2015: DHS Standard Terms and Conditions The FY 2015 DHS Standard Terms and Conditions apply to all new Federal financial assistance awards funded after December 26, 2014. When continuation awards are funded with FY2015 funds, the terms and conditions under which the original award was administered will continue to apply. I. Assurances, Administrative Requirements and Cost Principles Recipients of DHS federal financial assistance must complete OMB Standard Form 424B Assurances — Non-Construction Programs. Certain assurances in this document may not be applicable to your program, and the awarding agency may require applicants to certify additional assurances. Please contact the program awarding office if you have any questions. The administrative, cost principles, and audit requirements that apply to DHS award recipients originate from 2 C.F.R. Part 200, Uniform Administrative Requirement, Cost Principles,and Audit Requirements for Federal Araards, as adopted by DHS at 2 C.F.R. Part 3002. II. Acknowledgement of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. III. Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. V. Age Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seg.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. V. Americans with Disabilities Act of 1990 All recipients must comply with the requirements of Titles I, II, and III of the Americans Wth Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12101-12213). VI. Best Practices for Collection and Use of Personally Identifiable Information PII All recipients who collect PH are required to have a publically-available privacy policy that describes what PII they collect, how they use the PII, whether they Standard Terms & Conditions: Version 5.1 February 23, 2015 1 Fiscal Year 2015: DHS Standard Terms and Conditions share PII with third parties, and how individuals may have their PII corrected where appropriate. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively. VII. Title VI of the Civil Rights Act of 1964 All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seg.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Implementing regulations for the Act are found at 6 G.F.R. Part 21 and 44 C.F.R. Part 7. VIII. Civil Rights Act of 1968 All recipients must comply with Title VIII of the Civil Rights Act of 1968,which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. § 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features (see 24 C.F.R. § 100.201). IX. Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. §_§ 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). X. Debarment and Suspension All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. XI. Drug-Free Workpiace Regulations All recipients must comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et se_q.) which is adopted at 2 C.F.R Part 3001, which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. DHS has adopted the Act's implementing regulations at 2 C.F.R Part 3001. Standard Terms & Conditions: Version 5.1 February 23, 2015 2 Fiscal Year 2015: DHS Standard Terms and Conditions XII. Dalication ofBenefts Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude the non-Federal entity from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal awards. XIII. Polfc_v and Conservation Act All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issues in compliance with this Act. X N. Reporting Subawards and Executive Compensation All recipients must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity, unless provided in paragraph D as required by 2 CFR Part 170, `Reporting Subaward and Executive Compensation Information" and the Federal Funding Accountability and Transparency Act 2006 (FFATA). Recipients must register at www.sam.gov and report the information about each obligating action in accordance with the submission instructions posted at www.fsrs._c�ov. XV. False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. §3729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. § 3801-3812 which details the administrative remedies for false claims and statements made. XVI. Federal Debt Status All recipients are required to be non-delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF-42413, item number 17 for additional information and guidance. XVII. Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. $ 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Standard Terms & Conditions: Version 5.1 February 23, 2015 3 Fiscal Year 2015: DHS Standard Terms and Conditions XVIIi. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. $2225a, all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. §2225. XIX. Limited English Proficiency (Civil Rights Act of 1964, Title VI} All recipients must comply with the Title V1 of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. In order to facilitate compliance with Title VI, recipients are encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. Executive Order 13166, Improving Access to Services for Persons vdth Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance https://www.dhs.gov/quidance- published-help-department-s upported-o rgani zatio ns-provide-mea ningful-access- people-limited and additional resources on htt�. ://www.lep.gov. XX. LobbKing Prohibitions All recipients must comply with 31 U.S.C. __ 1352, which provides that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. XXI. Non-supplanting Reguirement All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-Federal sources. Where federal statues for a particular program prohibits supplanting, applicants or recipients may be required to Standard Terms & Conditions: Version 5.1 February 23, 2015 4 Fiscal Year 2015: DHS Standard Terms and Conditions demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. XXII. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards are in 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. § 401 .14. XXIII. Procurement of Recovered Materials All recipients must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. XXN. Contract Provisions for Non-federal Entity Contracts under Federal Awards a. Contracts for more than the simplified acquisition threshold set at$150.000, All recipients who have contracts exceeding the acquisition threshold currently set at$150,000, which is the inflation adjusted amount determined by Civilian Agency Acquisition Council and the Defense Acquisition Regulation Council as authorized by 41 U.S.C. §1908, must address administrative, contractual, or legal remedies in instance where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. b. Contracts in excess of $10,000, All recipients that have contracts exceeding $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. XXV. SAFECOM All recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, Standard Terms & Conditions: Version 5.1 February 23, 2015 5 Fiscal Year 2015: DHS Standard Terms and Conditions including provisions on technical standards that ensure and enhance interoperable communications. XXVI. Terrorist Financing E.O. 13224 All recipients must comply with U.S. Executive Order 13224 and U.S, law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the E.O. and laws. XXVII. Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seg.), which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. Implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19 XXVIII. Trafficking Victims Protection Act of 2000 All recipients must comply with the requirements of the government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104). This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. Full text of the award term is located at e C,F R 175.15. XXIX. Rehabilitation Act of 1973 All recipients of must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. XXX. Universal Identifier and System of Award Management All recipients must maintain the currency of the information in the SAM until submission of the final financial report required under the award or receive final payment, whichever is later, as required by 2 C.F.R. Part 25. XXXI. USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. 175--175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a Standard Terms & Conditions: Version 5.1 February 23, 2015 6 Fiscal Year 2015: DHS Standard Terms and Conditions quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. XXXII. Use of DHS Seal, Logo and Flags All recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. XXXIII. Whistleblower Protection Act All recipients must comply with the statutory requirements for whistleblower protections (if applicable)at 10 U.S.0 § 2409, 41 U.S.C. 4712, and 10 U.S.C. 2324, 41 U.S.C. $ 4304 and 4310. XXXN. DHS Specific Acknowledgements and Assurances All recipients must acknowledge and agree--and require any sub-recipients, contractors, successors, transferees, and assignees acknowledge and agree—to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English Standard Terms & Conditions: Version 5.1 February 23, 2015 7 Fiscal Year 2015: DHS Standard Terms and Conditions proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. Standard Terms & Conditions: Version 5.1 February 23, 2015 8 r Cal OES y, QWERNOR'S 4FFWF ` of EMERGENCY SERVICES Standard Assurances For All Cal OES Federal Grant Programs As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application, within prescribed timelines. I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the: (a) Applicable Federal Regulations (see below); (b) Federal Program Notice of Funding Opportunity (NOFO); (c) California Supplement to the NOFO; and (d) Federal and State Grant Program Guidelines. Federal Regulations Government cost principles, uniform administrative requirements and audit requirements for federal grant programs are housed in Title 2, Part 200 of the Code of Federal Regulations (CFR) and in updates issued by the Office of Management and Budget (OMB) on http://www,whitehouse.gov/omb/. Significant state and federal grant award requirements (some of which appear in the documents listed above) are called out below. The Applicant hereby agrees to comply with the following: 1. Proof of Authority The Applicant will obtain written authorization from the city council, governing board or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board or authorized body agree: (a) To provide all matching funds required for said project and that any cash match will be appropriated as required. (b) That any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board or authorized body. (c) That grant funds shall not be used to supplant expenditures controlled by the city council, governing board or authorized body. (d) That the official executing this agreement is, in fact, authorized to do so. Homeland Security Grant Program-2015 Grant Assurances Page 1 of 10 Initials This Proof of Authority must be maintained on file and readily available upon demand. 2. Period of Performance The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant. 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons entering into a contract, grant, loan or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, `Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324- 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Finally, the Applicant agrees that Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the Federal awarding agency. 4. Debarment and Suspension As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. The Applicant certifies that it and its principals: Homeland Security Grant Program-2015 Grant Assurances Page 2 of 10 Initials (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated for cause or default. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 5. Non-Discrimination and Equal Employment Opportunity The Applicant will comply with all Federal statutes relating to non-discrimination. These include, but are not limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §2000d et. seq.) which prohibits discrimination on the basis of race, color or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA (42 U.S.C. 12101, et seq.); (e) Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (f) Drug Abuse Office and Treatment Act of 1972) (P.L. 92-255), as amended (P.L. 96-181), relating to nondiscrimination on the basis of Treatment or recovery from drug abuse; (g) Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title Vlll of the Civil Rights Act of 1968 (42 U.S.C. §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; Homeland Security Grant Program-2015 Grant Assurances Page 3 of 10 Initials {j) EO 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over$10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin; (k) EO 11375, which bans discrimination on the basis of sex in hiring and employment in both the United States federal workforce and on the part of government contractors; (1) California Public Contract Code §10295.3, which addresses discrimination based on domestic partnerships; (m)Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (n) The requirements of any other nondiscrimination statute(s) which may apply to the application. In addition to the items listed in (a) through (n), the Applicant will comply with California's Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employment because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code sections 12940, 12945, 12945.2) and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions. 6. Drug-Free Workplace As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), the Applicant certifies that it will or will continue to provide a drug-free workplace and a drug-free awareness program as outlined in the Act. 7. Environmental Standards The Applicant will comply with State and Federal environmental standards which may be prescribed pursuant to the following, as applicable: (a) California Environmental Quality Act (CEQA) (California Public Resources Code §§21000- 21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§15000- 15387); (c) Federal Clean Water Act (CWA) (33 U.S.C. §1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. (d) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Orders (EO) on the Environmental Justice Act (EO 12898) and Environmental Quality (EO 11514); (e) Notification of Environmental Protection Agency (EPA) violating facilities pursuant to EO 11738; (f) Protection of wetlands pursuant to EO 11990; Homeland Security Grant Program-2015 Grant Assurances Page 4 of 10 Initials (g) Evaluation of flood hazards in floodplains in accordance with EO 11988; (h) Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §1451 et seq.); (i) Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §7401 et seq.); {j) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); (k) Protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205); (1) Wild and Scenic Rivers Act of 1968 (16 U.S.C. §1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. Finally, the Applicant shall .not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to §13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3)finally determined to be in violation of federal law relating to air or water pollution. 8. Audits For subrecipients expending $750,000 or more in Federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements. 9. Access to Records In accordance with 2 CFR §200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. 10. Conflict of Interest The Applicant will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 11. Financial Management False Claims for Payment The Applicant will comply with 31 U.S.0 §3729 which sets forth that no subgrantee, recipient or subrecipient shall submit a false claim for payment, reimbursement or advance. 12. Reporting -Accountability The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (2 CFR Chapter 1, Part 170), specifically (a) the reporting of Homeland Security Grant Program -2015 Grant Assurances Page 5 of 10 Initials subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements on executive compensation, and also requirements implementing the Act for the non-Federal entity at 2 CFR part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 CFR part 170 Reporting Subaward and Executive Compensation Information. The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. §2409, 41 U.S.C. §4712, and 10 U.S.C. §2324, 41 U.S.C. §4304 and §4310 and 31 U.S.C. §6101 et seq. 13. Human Trafficking The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. §7104) which prohibits grant award recipients or a subrecipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. 14. Labor Standards The Applicant will comply with the following federal labor standards: (a) Comply with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. §3145 and 18 U.S.C. §874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally-assisted construction contracts or subcontracts. (b) Comply with the Federal Fair Labor Standards Act (29 U.S.C. §201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations. 15. Worker's Compensation The Applicant must comply with provisions which require every employer to be insured against liability for Worker's Compensation before commencing performance of the work of this Agreement, as per California Labor Code §3700. 16. Property-Related If applicable to the type of project funded by this Federal award, the Applicant will: (a) Comply with the requirements of Titles If and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchase. (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard Homeland Security Grant Program-2015 Grant Assurances Page 6 of 10 Initials area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. (c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.). (d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will: (a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications. (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 18. Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program or provided in the course of an entity's grant management activities which is under Federal control is subject to the Freedom of Information Act (FOIA), 5 U.S.C. §552. The Applicant should also consult its own State and local laws and regulations regarding the release of information, which should be considered when reporting sensitive matters in the grant application, needs assessment and strategic planning process. 19. California Public Records Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program or provided in the course of an entity's grant management activities may be subject to the California Public Records Act (California Government Code §§6250-6276.48), which requires inspection and/or disclosure of governmental records to the public upon request, unless exempted by law. Homeland Security Grant Program-2015 Grant Assurances Page 7 of 10 Initials HOMELAND SECURITY GRANT PROGRAM - PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 20. Personally Identifiable Information Subrecipients collecting Personally Identifiable Information (PII) must have a publically-available policy that describes what Pil they collect, how they plan to use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. 21. Disposition of Equipment When original or replacement equipment acquired under this award is no longer needed for the original project or program or for other activities currently or previously supported by the Department of Homeland Security/Federal Emergency Management Agency, subrecipients must request instructions from Cal OES on proper disposition of equipment. 22. Reporting Accusations and Findings of Discrimination If, during the past three years, the subrecipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the subrecipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to Cal OES for reporting to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. If any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion or familial status against the subrecipient, or the subrecipient settles a case or matter alleging such discrimination, subrecipients must forward a copy of the complaint and findings to Cal OES for forwarding to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 23. Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags All subrecipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. All subrecipients must obtain DHS's approval prior to using DHS seal(s), Logos, crests or reproductions of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 24. Copyright All subrecipients must affix the applicable copyright notices of 17 U.S.C. §§401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). Homeland Security Grant Program-2015 Grant Assurances Page 8 of 10 Initials 25. Energy Policy and Conservation Act All subrecipients must comply with the requirements of 42 U.S.C. §6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issues in compliance with this Act. 26. Hotel and Motel Fire Safety Act of 1990 All subrecipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with Section 6 of the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225a. 27. Terrorist Financing E.O. 13224 All subrecipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of subrecipients to ensure compliance with the E.O. and laws. 28. USA Patriot Act of 2001 All subrecipients must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act), which amends 18 U.S.C. §§175-175c. IMPORTANT The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. All of the language contained within this document must be included in the award documents for all subawards at all tiers, including contracts under grants and cooperative agreements and subcontracts. Homeland Security Grant Program -2015 Grant Assurances Page 9 of 10 Initials The undersigned represents that he/she is authorized by the above named Applicant to enter into this agreement for and on behalf of the said Applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Title: Date: Homeland Security Grant Program 2015 Grant Assurances Page 10 of 10 Initials EXHIBIT B kk S k) � $§ ! t ! ! � ! - ) U ( | ) � k } k & R | ! | k | § \ / / 2 kkkkkkkk § ; § § § § | | | ! ) . ■ ! ■ 2 ■ �a, /§ EXHIBIT C ' A aCL a �`Lpp p Q Q O tm ice: m Q Q X �sd O O N i E Gq� CI. ` H EFT EFT ER EA 69 O V m p o N 0 d .t°.. 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N j � w m Ia m • a L m U O O N - E E m R y N L m a n Z o LL `D w m g • N o u> . a T �� F N Q �• �' 2'i u R io a) Y S o ro c _ ? m m m ° Lca o a aE° 'p 'p m V m y -o d J ` d_m C E E E E En * o °) m � p d o N 3 O Q o • NNQ � OON E E d I n UU U LL LLLL LL LL F F H f.7 0 a U C 't C a cu C E 0 0 rn U a� y c L C� C c O CCL N _E !- o U U N U O � � O � o 0 I T O N 1 LL m r U) U � � � C U N - - iq N (D E N c H NC C � 7 O C Q @ u) c o0 0 E w Q 0 � o � o 0 9 c N .� a� o E i o t a d 0 c o y d d o 0 a n' ° c 0 - o a n o O vi c CO r Q CITY OF LOS ANGELES URBAN AREAS SECURITY INITIATIVE GRANT Reimbursement Request Form Return Reimbursement Requests to: Jurisdiction: Grant Specialist Mayor's Office of Public Safety Agency/Department: 200 N. Spring Street, Room 303 Los Angeles, CA 90012 Expenditure Period: Prepared By: Project Information UASI FY 13 ❑ Project Letter: E-Mail Address: UASI FY 14 ❑ Master Item#: UASI FY 15 ❑ Sub-Line#: Phone: REIMBURSEMENT SUMMARY DIRECTIONS: Please submit one Reimbursement Request Form for each UASI grant year, fiscal year, and type of expenditure. Follow the Reimbursement Request Checklist to compile supporting documentation, and then complete the Typed Resource Report and the associated Roster(s). Please remember that if the reimbursement includes personnel or consultant fees,those rosters will also need to be completed. Type of Expenditure Authorized Previously Current Cumulative Balance Total Amount Requested Request Request Total $ $ $ $ $ Please mark this box to indicate final request for reimbursement ❑ This reimbursement claim is in all respects true, correct, and all expenditures were made in accordance with applicable laws, rules, regulations, and grant conditions and assurances. In addition, this claim is for costs incurred within the Grant Performance Period. Also, all supporting documentation related to these expenditures will be retained in accordance with grant guidelines. Authorized Department Approval: Please Remit Payment To: Print Name Agency Title Address(Line 1) Signature Date Address(Line 2-Optional) E-Mail Phone City State Zip Mayor's Office Use Only Invoice Tracking: Fiscal Year: Cash Request: Invoice#: Document ID: UASI Reimbursement Request Form-April 2015 LA/LB UASI REQUIRED SUPPORTING DOCUMENTATION FOR EQUIPMENT CLAIM REIMBURSEMENT IMPORTANT— In addition to the completed, signed and dated Reimbursement Request Form, you must submit this Checklist with the supporting documents. Reimbursement requests must be submitted as soon as expenses are incurred and paid, and the required supporting documents are available. Do NOT accumulate all claims and invoices to submit on the final due date. Failure to submit your claim with the required supporting documents could result in expenses not reimbursed and/or funds reallocated. Please contact your Grant Specialist with any questions about required supporting documentation PROCUREMENT ❑ Competitive/Formal Procurement:Submit copies of procurement documents, as applicable, including Council approval, RFP, bids or bid recap/summary, and contract. ❑ Informal Procurement: Provide copies of informal procurement documents, as applicable. Informal procurements must comply with your Jurisdiction's policies. ❑ Sole Source Purchase: ❑ State Sole Source(over$100,000):Provide a copy of the State approval. There are NO retroactive approvals. ❑ Jurisdiction Sole Source(under$100,000):Provide a copy of your Jurisdiction's Sole Source documentation and approval. EQUIPMENT CLAIMS MUST INCLUDE THE FOLLOWING: ❑ Purchase Order ❑ Invoice: Must be stamped"PAID,"signed with authorized signature for payment, and dated. ❑ Proof of Delivery: Packing slips should be included. If packing slips were not part of the equipment delivery(e.g. licenses),the P.O. needs to be stamped"RECEIVED"with the date received, and signature. ❑ Proof of Payment: Include proof of payment and proof the payment has CLEARED. Proof of payment must have reference to the invoice,and amount paid must match the invoice amount. If multiple invoices are being paid with one check,the invoices must be listed with corresponding amounts. ❑ Print Screen of Federal Debarment Listing:Review the Federal Debarment Listing and provide a screen shot showing that the listing was queried PRIOR to purchase. Federal Debarment Listings can be found at https://www.sam.gov/portal/public/SAM/ ❑ Grant-Funded Typed Resource Report 'Typed Resource Report'needs to be completed,typically by the project's SME. ❑ Equipment Roster:Complete the attached'Equipment Roster.'Submit electronically to your Grant Specialist and to HSPS.Compliance@lacity.org ❑ State Approvals:EHP Approval,Watercraft Approval,Aircraft Approval, EOC Approval,as applicable.All requests must obtain State approval PRIOR to purchase. There are NO exceptions or retroactive approvals. ❑ Performance Bond:All equipment items over$250,000 or any vehicle, aircraft or watercraft MUST obtain a performance bond. A copy of the performance bond must be submitted to your Grant Specialist as soon as it is obtained,with an additional copy provided with the Reimbursement Request Form. Completed By: Signature: Date: UASI Reimbursement Request Form-April.2015 0 N N �� LL W U' LL I— VI 4/ c a v r C qry N O � E 15 cr N C Q i eC QQC V m f w IE ° z m z 0 m c LA/LB UASI REQUIRED SUPPORTING DOCUMENTATION FOR TRAINING CLAIM REIMBURSEMENT IMPORTANT* In addition to the completed, signed and dated Reimbursement Request Form, you must submit this Checklist with the supporting documents. Reimbursement requests must be submitted as soon as expenses are incurred and paid, and the required supporting documents are available. Do NOT accumulate all claims and invoices to submit on the final due date. Failure to submit your claim with the required supporting documents could result in expenses not reimbursed and/or funds reallocated. Please on t your Grant Snecialist with any auestionsabout reauired supporting documentation. PROCUREMENT ❑ Competitive/Formal Procurement:Submit copies of procurement documents, as applicable,including Council approval, RFP, bids or bid recap/summary, and contract. ❑ Informal Procurement: Provide copies of informal procurement documents,as applicable. Informal procurements must comply with your Jurisdiction's policies. ❑ Sole Source Purchase: ❑ State Sole Source(over$100,000):Provide a copy of the State approval. There are NO retroactive approvals. ❑ Jurisdiction Sole Source(under$100,000): Provide a copy of your Jurisdiction's Sole Source documentation and approval. TRAINING PROJECTS INVOLVING A VENDOR MUST INCLUDE THE FOLLOWING: ❑ Purchase Order Or Service Contract ❑ Invoice:Must be stamped"PAID,"signed with authorized signature for payment, and dated. ❑ Proof of Delivery:Submit copies of the Agenda AND submit Class Roster/Sign-in Sheets or Certificate of Completion with training date. ❑ Proof of Payment: Include proof of payment and proof the payment has CLEARED. Proof of payment must have reference to the invoice, and amount paid must match the invoice amount. If multiple invoices are being paid with one check,the invoices must be listed with corresponding amounts. ❑ Print Screen of Federal Debarment Listing:Review the Federal Debarment Listing and provide a screen shot showing that the listing was queried PRIOR to purchase. Federal Debarment Listings can be found at https://www.sam.gov/portal/public/SAMi ❑ Grant-Funded Typed Resource Report: 'Typed Resource Report'needs to be completed,typically by the project's SME. ❑ Consultant Roster: Complete the attached'Consultant Roster.' ❑ State Approvals:Copy of ODP Approved Tracking Number is required. Copy of EHP Approval,as applicable. All requests must obtain State approval PRIOR to commencement of training. There are NO exceptions or retroactive approvals. ❑ Total No.of Grant-Funded Trainees: Total No.of Grant-Funded Instructors: TRAINING PROJECTS FOR PERSONNEL TIME MUST INCLUDE THE FOLLOWING: ❑ Summary Sheet: Indicate employee(s), amount per employee(s),and total being claimed. This amount should tie the official payroll register to the total amount being claimed on the Reimbursement Request Form. ❑ Official Payroll Register Indicate employee name you are seeking reimbursement for, salary, hourly rate, employee benefits,and overtime rate if applicable. If seeking reimbursement for Employee Benefits, include documentation verifying EB rates. ❑ Timecards: Indicate the#of hours charged per day, and include employee signature&supervisor signature. If claiming for Backfill, timecard needs to include the name of the person the employee was backfilling for/person who attended the training. ❑ Class Roster/Sign-in Sheets or Certificate of Completion with Training Date:If claiming for Backfill the Class Roster/Sign-in Sheet or Certificate of Completion should be for the person who attended the training. ❑ Grant-Funded Typed Resource Report: `Typed Resource Report' needs to be completed,typically by the project's SME. ❑ State Approvals:Copy of ODP Approved Tracking Number is required. Copy of EHP Approval, as applicable. International trainings require State approval. All requests must obtain State approval PRIOR to commencement of training. There are NO exceptions or retroactive approvals. ❑ Travel(if applicable):Itemized receipts and proof of payment are required for airfare, lodging,meals and/or training/conference fees. Jurisdictions must follow their own travel policies and submit a copy of that travel policy. If no local policy exists,please see www.gsa.gov for approved per diem rates. ❑ Total No.of Grant-Funded Trainees: Total No.of Grant-Funded Instructors: Completed By: Signature: Date: UASI Reimbursement Request Form-April.2015 LA/LB UASI REQUIRED SUPPORTING DOCUMENTATION FOR EXERCISE CLAIM REIMBURSEMENT IMPORTANT— In addition to the completed, signed and dated Reimbursement Request Form, you must submit this Checklist with the supporting documents. Reimbursement requests must be submitted as soon as expenses are incurred and paid, and the required supporting documents are available. Do NOT accumulate all claims and invoices to submit on the final due date. Failure to submit your claim with the required supporting documents could result in expenses not reimbursed and/or funds reallocated. Please contact ur Grant Si)ecialist with any auestions about re uired supt)ortina documentation. PROCUREMENT ❑ Competitive/Formal Procurement:Submit copies of procurement documents, as applicable, including Council approval, RFP, bids or bid recap/summary, and contract. ❑ Informal Procurement: Provide copies of informal procurement documents,as applicable. Informal procurements must comply with your Jurisdiction's policies. ❑ Sole Source Purchase: ❑ State Sole Source(over$100,000):Provide a copy of the State approval. There are NO retroactive approvals. ❑ Jurisdiction Sole Source(under$100,000): Provide a copy of your Jurisdiction's Sole Source documentation and approval. EXERCISE PROJECTS INVOLVING A VENDOR MUST INCLUDE THE FOLLOWING: ❑ Purchase Order or Service Contract ❑ Invoice: Must be stamped"PAID,"signed with authorized signature for payment, and dated. ❑ Proof of Delivery:Submit copies of Sign-in Sheets AND submit After Action Report into HSEEP portal within 60 days of event. Submit proof that the report was submitted, including date of submission. ❑ Proof of Payment: Include proof of payment and proof the payment has CLEARED. Proof of payment must have reference to the invoice, and amount paid must match the invoice amount. If multiple invoices are being paid with one check,the invoices must be listed with corresponding amounts. ❑ Print Screen of Federal Debarment Listing:Review the Federal Debarment Listing and provide a screen shot showing that the listing was queried PRIOR to purchase. Federal Debarment Listings can be found at https://www.sam.gov/portal/public/SAME ❑ Consultant Roster: Complete the attached'Consultant Roster.' ❑ State Approvals:Copy of EHP Approval, as applicable. Please note that ANY exercise with an outside component,MUST get EHP approval.All requests must obtain State approval PRIOR to date of exercise. There are NO exceptions or retroactive ❑ Exercise Date: Number of Exercise Participants: EXERCISE PROJECTS FOR PERSONNEL TIME MUST INCLUDE THE FOLLOWING: ❑ Summary Sheet: Indicate employee(s), amount per employee(s), and total being claimed. This amount should tie the official payroll register to the total amount being claimed on the Reimbursement Request Form. ❑ Official Payroll Register:Indicate employee name you are seeking reimbursement for,salary, hourly rate, employee benefits,and overtime rate if applicable. If seeking reimbursement for Employee Benefits, include documentation verifying EB rates. ❑ Timecards: Indicate the#of hours charged per day,and include employee signature&supervisor signature. If claiming for Backfill, timecard needs to include the name of the person the employee was backfilling for/person who attended the exercise. ❑ Sign-in Sheets or Certificate of Completion with Exercise Date:If claiming for Backfill,the Sign-in Sheet or Certificate of Completion should be for the person who attended the exercise. ❑ State Approvals:Copy of EHP Approval, as applicable. Please note that ANY exercise with an outside component,MUST get EHP approval.All requests must obtain State approval PRIOR to date of exercise. NO exceptions or retroactive approvals. ❑ Travel(if applicable):Itemized receipts and proof of payment are required for airfare, lodging, meals and/or exercise fees. Jurisdictions must follow their own travel policies and submit a copy of that travel policy. If no local policy exists, please see www.gsa.gov for approved per diem rates. ❑ After Action Report:Submit After Action Report into HSEEP portal within 60 days of event. Submit proof that the report was submitted, including date of submission. ❑ Exercise Date: Number of Exercise Participants: Completed By: Signature: Date: UASI Reimbursement Request form-April.2015 LA/LB UASI REQUIRED SUPPORTING DOCUMENTATION FOR PLANNING CLAIM REIMBURSEMENT IMPORTANT— In addition to the completed, signed and dated Reimbursement Request Form, you must submit this Checklist with the supporting documents. Reimbursement requests must be submitted as soon as expenses are incurred and paid, and the required supporting documents are available. Do NOT accumulate all claims and invoices to submit on the final due date. Failure to submit your claim with the required supporting documents could result in expenses not reimbursed and/or funds reallocated. Please contact your Grant Specialist with anV questions about required supporting documentation PROCUREMENT ❑ Competitive/Formal Procurement:Submit copies of procurement documents, as applicable, including Council approval, RFP,bids or bid recap/summary, and contract. ❑ Informal Procurement: Provide copies of informal procurement documents, as applicable. Informal procurements must comply with your Jurisdiction's policies. ❑ Sole Source Purchase: ❑ State Sole Source(over$100,000):Provide a copy of the State approval. There are NO retroactive approvals. ❑ Jurisdiction Sole Source(under$100,000):Provide a copy of your Jurisdiction's Sole Source documentation and approval. PLANNING PROJECTS INVOLVING A VENDOR MUST INCLUDE THE FOLLOWING: ❑ Purchase Order or Service Contract ❑ Invoice: Must be stamped"PAID,"signed with authorized signature for payment, and dated. ❑ Proof of Delivery:Submit a copy/copies of the deliverables as outlined in the Purchase Order or Service Contract. ❑ Proof of Payment: Include proof of payment and proof the payment has CLEARED. Proof of payment must have reference to the invoice, and amount paid must match the invoice amount. If multiple invoices are being paid with one check,the invoices must be listed with corresponding amounts. ❑ Print Screen of Federal Debarment Listing:Review the Federal Debarment Listing and provide a screen shot showing that the listing was queried PRIOR to purchase. Federal Debarment Listings can be found at https://www.sam.gov/portal/public/SAM/ ❑ Consultant Roster:Complete the attached`Consultant Roster.' PLANNING PROJECTS FOR PERSONNEL TIME MUST INCLUDE THE FOLLOWING: ❑ Summary Sheet:Indicate employee(s), amount per employee(s), and total being claimed. This amount should tie the official payroll register to the total amount being claimed on the Reimbursement Request Form. ❑ Official Payroll Register: Indicate employee name you are seeking reimbursement for, salary, hourly rate, employee benefits, and overtime rate if applicable. If seeking reimbursement for Employee Benefits, include documentation verifying EB rates. ❑ Timecards: Indicate the#of hours charged per day, and include employee signature&supervisor signature. If claiming for Backfill, timecard needs to include the name of the person the employee was backfilling for. ❑ Personnel Roster:Complete the attached`Personnel Roster.' ❑ Final Product:Submit a copy/copies of the Final Product as outlined in the workbook OR submit intermittent deliverables as discussed with your Grant Specialist. Completed By: Signature: Date: UASI Reimbursement Request Form-April.2015 LA/LB UASI REQUIRED SUPPORTING DOCUMENTATION FOR ORGANIZATION CLAIM REIMBURSEMENT IMPORTANT— In addition to the completed, signed and dated Reimbursement Request Form, you must submit this Checklist with the supporting documents. Reimbursement requests must be submitted as soon as expenses are incurred and paid, and the required supporting documents are available. Do NOT accumulate all claims and invoices to submit on the final due date. Failure to submit your claim with the required supporting documents could result in expenses not reimbursed and/or funds reallocated. Please contact your Grant Specialist with any questions about required supporting documentation PROCUREMENT ❑ Competitive/Formal Procurement:Submit copies of procurement documents, as applicable, including Council approval, RFP, bids or bid recap/summary, and contract. ❑ Informal Procurement: Provide copies of informal procurement documents, as applicable. Informal procurements must comply with your Jurisdiction's policies. ❑ Sole Source Purchase: ❑ State Sole Source(over$100,000):Provide a copy of the State approval. There are NO retroactive approvals. ❑ Jurisdiction Sole Source(under$100,000):Provide a copy of your Jurisdiction's Sole Source documentation and approval. ORGANIZATION PROJECTS INVOLVING A VENDOR MUST INCLUDE THE FOLLOWING: ❑ Purchase Order or Service Contract ❑ Invoice: Must be stamped "PAID,"signed with authorized signature for payment, and dated. ❑ Proof of Delivery:Submit a copy/copies of the deliverables as outlined in the Purchase Order or Service Contract. ❑ Proof of Payment: Include proof of payment and proof the payment has CLEARED. Proof of payment must have reference to the invoice,and amount paid must match the invoice amount. If multiple invoices are being paid with one check,the invoices must be listed with corresponding amounts. ❑ Print Screen of Federal Debarment Listing:Review the Federal Debarment Listing and provide a screen shot showing that the listing was queried PRIOR to purchase. Federal Debarment Listings can be found at https://www.sam.gov/portal/public/SAM/ ❑ Consultant Roster:Complete the attached`Consultant Roster.' ORGANIZATION PROJECTS FOR PERSONNEL TIME MUST INCLUDE THE FOLLOWING: ❑ Summary Sheet: Indicate employee(s),amount per employee(s), and total being claimed. This amount should tie the official payroll ❑ Official Payroll Register: Indicate employee name you are seeking reimbursement for, salary, hourly rate,employee benefits, and ❑ Timecards: Indicate the#of hours charged per day, and include employee signature&supervisor signature. If claiming for Backfill, ❑ Personnel Roster:Complete the attached`Personnel Roster.' ❑ Federal Request: If requesting reimbursement for Overtime, include a copy of the Federal Request for Overtime. This applies Completed By: Signature: Date: UASI Reimbursement Request Form-April.2015 0 N d 3 toi w $ .v a � p O Yn q h 8 n CC � — L O vdi � O O 3 .9 H u< N h Q r E u ti p v v � Q9 � w E � w w a c e,Q c r - `o E k° z - ° E.� $ a s N J � �vo a'3d �g 'Eat= _ o d�• Z 2 F 2 O « O N ¢ . v z £3 '= 3 i0 m`o to $ E ° ti �o.t. i•� m � O S O � �•�N �C.0 C C y C 1p z'n '6 iO E ° o w e � o.RE v n v u' S v, 0 No 3 m y c c a y rn 2 c c c E A m 4 i trvo v ƒa _ ) $ \ � / 2 ! � �f cr - © �_ / � / n ( 2�t � _ y = % \ )\ % - # � $ \$ \� k u / qm } � R { ) It lu | \ . A ) k \ / 2 2 \ \ « i } \ [ � , ) oa , t » _) % Ln / R ) 2 / � /2 / e V) 7cr mot . w ai o@ £ C � k ( 0 \ \ « t E $ % /\ / 30 // \ 2 fu b 2 Z \ \ % 22 / 2• y eR2m 0 \ \ 2 \ ¥ 2 k § An 2 k \ o � \ / k \ $ / ) ( � ƒ) * \ \ / s p \ 0CL \ / t & EXHIBIT D CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES AVIATION EQUIPMENT REQUEST FORM Homeland Security Grant Program FY: Grant Number: Cal OES ID#: Urban Area Security Initiative (UASI) FY: Grant Number: Cal OES ID#: Project Amount: UASI: $ SHSGP: $ City/County/Agency Name: 1. Indicate the type of equipment for this request Aviation Equipment Aviation Related Equipment 2. Provide a description of the area that will be served by the requested equipment. 3. Please justify the need for the aviation equipment and how the requested platform best meets that need as compared to other options. Include the cost, discipline, and funding source. 4. Please certify on signed letterhead that an existing aviation unit is operating and will continue to operate independent of the requested funding. Describe the active, operating aviation unit and certify that no expenses will be charged against the grant award for the general operational costs of such aviation unit. 5. Identify the applicable goals and objectives in the State/Urban Area Homeland Security Strategy that the requested aviation equipment addresses. 6. Explain how the requested aviation equipment fits into the State/Urban Area's integrated operational plans. 7. Explain how this aviation equipment will support activities specifically related to terrorism incident prevention and response efforts. Cal OES Form AVI Rev 08-01-13 Cal OES Aviation Request Form Page Two 8. Please describe how this aviation equipment will be used operationally and which response assets will be deployed using the requested aircraft. 9. Please describe how this aviation equipment will be utilized on a regular, non-emergency basis. 10. Please certify licensing, registration fees, insurance, and all ongoing operational expenses are (a)the responsibility of the grantee or the local units of government and (b) are not allowable under this grant. Cal OES Form A VI Rev 08-01-13 California Governor's Office of Emergency Services WATERCRAFT REQUEST Subgrantee Name: i Homeland Security Grant Program FY Grant Number Cal OES ID# Urban Area Security Initiative (UASI) FY Grant Number Cal OES ID# Other Program FY Grant Number Cal OES ID# Project Amount: UASI $ SHSP $ 1. Indicate the type of equipment for this request(choose only one of the following). Watercraft Watercraft- Related Equipment 2. Please provide a description of the area that will be served by the requested equipment. Equipment& Description Cost AEL number 3. Please justify the need for the watercraft and how the requested platform best meets that need as compared to other options. Include the cost, discipline, and funding source. 4. Please describe the active, operating waterway patrol unit and certify on signed letterhead that no expenses will be charged against the grant award for the operation of such unit. 5. Please identify the applicable goals and objectives in your State/Urban Area Homeland Security Strategy that the requested watercraft addresses, and the waterway identified as critical asset requiring state and/or local prevention and response capabilities. 6. Please explain how the requested watercraft fits into the State/Urban Area's integrated operational plans and vulnerability assessment. Cal CES WRF Revised 07/11/13 California Governor's Office of Emergency Services WATERCRAFT REOUEST 7. Please describe how this watercraft will be used operationally and which response assets will be deployed using the requested watercraft. 8. Please describe how this watercraft will be utilized on a regular,non-emergency basis. 9. Please describe what types of terrorism incident response and prevention equipment with which the requested watercraft will be outfitted. Include any specialized navigational, communications, safety, and operational equipment necessary to enable such watercraft to support the homeland security mission. Please certify on signed letterhead that licensing, registration fees, insurance, and all ongoing operational expenses are the responsibility of the grantee or the local units of government and are not allowable under this grant. 10. Attach letters of endorsement, if applicable. Submitted by: Date: (Name) (Signature) Cal OES WRF Revised 07/11/13 I California Governor's Office of Emergency Services ESTABLISH/ENHANCE EMERGENCY OPERATIONS CENTER(EOC) REQUEST Subgrantee Name: Homeland Security Grant Program FY Grant Number Cal OES ID# Urban Area Security Initiative (UASI) FY Grant Number Cal OES ID# Other Program FY Grant Number Cal OES ID# 1. What type of EOC does your organization plan to establish/enhance? (Choose one of the following) Primary EOC Alternate/Back-up/Duplicate EOC 2. Physical address of facility: 3. Describe how the establishment/enhancement of an EOC improves your organization's ability to prevent, plan for, respond to, and recover from a terrorism event(on a separate attachment). 4. Identify all other sources and uses of additional funds assisting the project in any way. 5. Identify anticipated homeland security grant costs to establish/enhance your organization's EOC in the table below. 6. Supplies/Equipment AEL # Cost Computers Network Servers Printers Computer accessories i.e. sure protectors,battery backups, etc.) Computer maintenance contracts Computer connections and cables (including fiber optic cabling) Fax machines Lighting Systems LCD projectors Projection/plasma/flat screens/monitors/televisions GIS plotter and software Telephone s stems Software development Commercial off-the-shelf(COTS) software Installation of EOC items Miscellaneous connections for EOC items Standardized mapping software Cal OES EOCRF Revised 08/1/13 Standardized emergency management software Installation of EOC items Miscellaneous connections for EOC items Leasing Costs2(Indicate starting and ending dates of lease and explain the circumstances under which the moving or leasing costs will be incurred.) Other(must provide list/description of"other" items and costs) TOTAL - EOC Supplies and Equipment 7. Explanation of"other" items: 8. Has your organization determined the costs are reasonable? Submitted by: Date: (Name) (Signature) Grant Programs Directorate r j G F, k. Homeland i Security OMB Control#: 1660-0115 Expiration Date: 10/31/2013 FEMA Form:024-0-1 DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY(FEMA) ENVIRONMENTAL AND HISTORIC PRESERVATION SCREENING FORM Directions for completing this form: This form is designed to initiate and facilitate the environmental and historic preservation(EHP)compliance review for your FEMA preparedness grant-funded project(s). FEMA conducts its EHP compliance reviews in accordance with National Environmental Policy Act (NEPA)and other EHP-related laws and executive orders. In order to initiate EHP review of your project,you must complete all relevant sections of this form and submit it to the Grant Programs Directorate(GPD) along with all other pertinent project information. Failure to provide requisite information could result in delays in the release of grant funds. Be advised that completion of this form does not complete the EHP review process. You will be notified by FEMA when your review is complete and/or if FEMA needs additional information. There is no need to complete and submit this form if the grant scope is limited to planning, management and administration, classroom-based training, tabletop exercises andfunctional exercises, or purchase of mobile and portable equipment where no installation is needed. Information Bulletin 345, Grant Programs Directorate Programmatic Environmental Assessment, September 1,2010,provides details on these activities. This form should be completed electronically. The document is available in both Word and Adobe Acrobat(pdf)formats at this website: (http://www.fema.gov/library/viewRecord.do?fromSearch=fromsearch&id=4802. The following website has additional guidance and instructions on the EHP review process and the information required for the EHP review: hftp://www.fema.gov/plan/ehp/ehpreview/index.shtm Submit completed form through your grant administrator who will forward it to GPDEHPInfo(a-)dh�. Please use the subject line:EHP Submission: Project Title, location, Grant Award Number(Example, EHP Submission: Courthouse Camera Installation,Any Town,State, 12345,2011-SS-Oxxxx). Paperwork Burden Disclosure Notice Public reporting burden for thisform is estimated to average 8 hours per response. The burden estimate includes the timefor reviewing instructions, searching existing data sources,gathering and maintaining the data needed, and completing and submitting the form. You are not required to respond to this collection of ir{formation unless it displays a valid OMB control number. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency,500 C Street, Washington,DC,20472,Paperwork Reduction Project(1660-0115). Environmental and Historic Preservation Screening Form—June 2012 SECTION A. PROJECT INFORMATION DHS Grant Award Number:...... Grant Program:.......................... Grantee........................................ Grantee POC:...................... Mailing address: .................. E-mail:.................................. Sub grantee:................................ Subgrantee POC:................. Mailing address:.................. E-mail:.................................. Estimated cost of project: .......... Project title: Project location(physical address or latitude-longitude): Project Description. Provide a complete project description. The project description should contain a summary of what specific action is proposed,where it is proposed,how it will be implemented. Include a brief description of the objectives the project is designed to accomplish(the purpose),and the reason the project is needed. Use additional pages if necessary. If multiple sites are involved,provide the summary for each site: SECTION B. PROJECT TYPE Based on the proposed project activities, determine which project type applies below and complete the corresponding sections that follow. For multi-component projects or those that may fit into multiple project types, complete the sections that best apply and fully describe all major components in the project description. If the project involves multiple sites,information for each site(such as age of structure, location,ground disturbance,etc.) must be provided. Attach additional pages to this submission,if needed. 1. ❑ Purchase of equipment. Projects in this category involve the purchase of equipment that will require installation on or in a building or structure. Complete other portions of Section B as needed. Complete Section C.1. 2. ❑ Training and exercises. Projects in this category involve training exercises with any field-based components,such as drills or full-scale exercises. Complete Section C.2. 3. ❑ Renovations/upgrades/modifications or physical security enhancements to existing structures. Projects in this category involve renovations,upgrades,retrofits,and installation of equipment or systems in or on a building or structure. Examples include,but are not limited to: interior building renovations; electrical system upgrades;sprinkler systems; vehicle exhaust systems;closed circuit television(CCTV) cameras; security fencing;access control for an area,building,or room;bollards;motion detection systems; OMB Control#: 1660-0115 FEMA Form: 024-0-1 2 Environmental and Historic Preservation Screening Form—June 2012 alarm systems;security door installation or upgrades; lighting;and audio-visual equipment(projectors, smart boards,whiteboards,monitors,displays,and projector screens). Complete Section C.3. 4. ❑ Generator installation. Projects in this category involve installation of new or replacement generators,to include the concrete pads,underground fuel and electric lines,and if necessary,a fuel storage tank. Complete Section CA. 5. ❑ New construction/addition. Projects in this category involve new construction,addition to,or expansion of a facility. These projects involve construction of a new building,or expansion of the footprint or profile of a current structure. Complete Section C.5. 6. ❑ Communication towers,antennas,and related equipment. Projects in this category involve construction of new or replacement communications towers,or installation of communications-related equipment on a tower or building or in a communications shelter or building. Complete Section C.6. 7. ❑ Other. Projects that do not fit in any of the categories listed above. Complete Section C.7. SECTION C. PROJECT TYPE DETAILS Check the box that applies to the proposed project and complete the corresponding details. 1. ❑ Purchase of equipment.If the entire project is limited to purchase of mobile/portable equipment and there is no installation needed, this form does not need to be completed and submitted. a. Specify the equipment,and the quantity of each:........................................ b. Provide the Authorized Equipment List(AEL)number(s)(if known):...... c. Complete Section D. 2. ❑ Training and exercises. If the training is classroom and discussion-based only, and is not field-based, this form does not need to be completed and submitted. a. Describe the scope of the proposed training or exercise(purpose, materials,and type of a activities required):............................................... b. Provide the location of the training(physical address or latitude- longitude):................................................................................................... c. Would the training or exercise take place at an existing facility which has established procedures for that particular proposed training or exercise, and that conforms with existing land use designations? For further information refer to Information Bulletin#345, http://www.fema.90v/pdf/izovernment/p-rant/bulletins/info345_pdf:.......................................❑ Yes ❑No • If Yes,provide the name of the facility and the facility point of contact(name,telephone number,and email address):......................... • If No,provide a narrative description of the area where the training or exercise would occur (e.g.,exercise area within four points defined by latitude/longitude coordinates):............................................ OMB Control#: 1660-0115 FEMA Form: 024-0-1 3 Environmental and Historic Preservation Screening Form—June 2012 • Does the field-based training/exercise differ from previously permitted training or exercises in any way, including,but not limited to frequency,amount of facilities/land used,materials or equipment used,number of participants,or type of activities?............................................................❑Yes ❑No • If Yes,explain any differences between the proposed activity and Those that were approved in the past,and the reason(s)for the change inscope:................................................................................................... • If No,provide reference to previous exercise(e.g.,FEMA grant name,number,and date):......................................................................... d. Would any equipment or structures need to be installed to facilitate training?...................................................................................................................................❑Yes ❑No • If Yes,complete Section D 3. ❑ Renovations/upgrades/modifications,or physical security enhancements to existing structures. a. Complete Section D. 4. ❑ Generator installation. a. Provide capacity of the generator(kW):....................................................... b. Identify the fuel to be used for the generator(diesel/propane/natural gas):.. c. Identify where the fuel for the generator would be stored(e.g.stand-alone tank,above or below ground,or incorporated in generator):........................ d. Complete Section D. 5. ❑ New construction/addition. a. Provide detailed project description(site acreage,new facility square footage/number of stories,utilities,parking,stormwater features,etc):....... b. Provide technical drawings or site plans of the proposed project:...........................................❑Attached c. Complete Section D. 6. ❑ Communication towers,antennas,and related equipment. a. Provide the current net height(in feet above ground level)of the existing tower or building(with current attached equipment):.................................. b. Provide the height(in feet above ground level)of the existing tower or building after adding/replacing equipment: .................................................. Complete items 6.c through 6.q below ONLY if this project involves construction of a new or replacement communications tower. Otherwise continue to Section D. Information Bulletin 351,National Historic Preservation Act Section 106 Review Requirements for Communications Facilities,January 4,2011 has additional guidance and information on EHP requirements for communications towers. Available at: httpf/www.fema.Lyov/ndf/government/grant/bulletins/info351.pdf OMB Control#: 1660-0115 FEMA Form:024-0-1 4 I 1 Environmental and Historic Preservation Screening Form—June 2012 c. Provide the ground-level elevation(feet above mean sea level)of the site of the proposed communications tower: ....................................................... d. Provide the total height(in feet above ground level)of the proposed j communications tower or structure,including any antennas to be mounted: • If greater than 199 feet above ground level,state why this is needed to meet the requirements of the project: e. Would the tower be free-standing or require guy wires? .............................❑ Freestanding❑ Guy wires • If guy wires are required,state number of bands and the number of wiresper band:......................................................................................... • Explain why a guyed tower is needed to meet the requirements of thisproject:.............................................................................................. f. What kind of lighting would be installed,if any(e.g.,white strobe,red strobe,or steady burning)?............................................................................ g. Provide a general description of terrain(e.g.,mountainous,rolling hills, flatto undulating):......................................................................................... h. Describe the frequency and seasonality of fog/low cloud cover:.................. i. Provide a list of habitat types and land use at and adjacent to the tower site(within'/2 mile),by acreage and percentage of total(e.g.,woodland conifer forest,grassland,agriculture)water body,marsh:............................ j. Is there evidence of bird roosts or rookeries present within'/2 mile of the proposedsite?...........................................................................................................................❑ Yes ❑No • Describe how presence/absence of bird roosts or rookeries was determined:.............................................................................................. k. Identify the distance to nearest wetland area(e.g.,forested swamp, marsh,riparian,marine)and coastline if applicable: .................................... 1. Distance to nearest existing telecommunication tower:................................ in. Have measures been incorporated for minimizing impacts to migratory birds?........................................................................................................................................❑ Yes ❑No • If Yes, describe:....................................................................................... n. Has a Federal Communications Commission(FCC)registration been obtained for this tower?............................................................................................................❑ Yes ❑No • If Yes,provide Registration#: ................................................................ • If No,why? ............................................................................... o. Has the FCC E106 process been completed?...........................................................................❑Yes ❑No p. Has the FCC Tower Construction Notification System(TCNS)process beencompleted?.......................................................................................................................❑ Yes ❑No • If Yes,attach the environmental documentation submitted as part of the registration process including use of the Tower Construction OMB Control#: 1660-0115 FEMA Form: 024-0-1 5 Environmental and Historic Preservation Screening Form—June 2012 Notification System(TCNS), if applicable. FRN#:................................ i q. Would any related equipment or structures need to be installed(e.g.,backup generator and fuel source,communications shelter,fencing,or security measures)?................................................................................................................................❑Yes ❑No • If Yes,explain where and how each installation would be done. Provide details about generator capacity(M),fuel source,fuel location and tank volume,amount of fencing,and size of communication shelter:..... r. Complete Section D. 7. ❑ Other. Complete this section if the proposed project does not fit any of the categories above. a. Provide a complete project description:........................................................ b. Complete Section D. SECTION D. PROJECT DETAILS Complete all of the information requested below. 1. ❑ Project installation a. Explain how and where renovations/upgrades/modifications would take place,or where equipment/systems will be installed:................................... b. Would ground disturbance be required to complete the project or training?...........................❑Yes ❑No • If Yes,provide total extent(depth, length,and width)of each ground- disturbing activity. Include both digging and trenching. For example, light poles and fencing have unique ground-disturbing activities(e.g., six light poles,24"dia.x 4' deep;trenching 12"x 500' x 18"deep; 22 fence posts, 12"diameter x 3' deep,and 2 gate posts, 18"diameter x3' deep):................................................................................................ • If Yes,describe the current disturbed condition of the area(e.g., parking lot,road right-of-way,commercial development):..................... c. Would the equipment use the existing infrastructure for electrical distribution systems? ...............................................................................................................❑ Yes ❑No • If No,describe power source and detail its installation at the site:.......... 2. ❑ Age of structure/building at project site a. Provide the year existing building(s)or structure(s)on/in/nearest to the location involved in the proposed project was built:..................................... • If the building or structure involved is over 45 years old and OMB Control#: 1660-0115 FEMA Form: 024-0-1 6 Environmental and Historic Preservation Screening Form—June 2012 significant renovation,rehabilitation, or modification has occurred, provide the year(s)modified and briefly describe the nature of themodification(s):.................................................................................. b. Are there any structures or buildings that are 50 years old or older in or adjacent to the project area?.....................................................................................................❑ Yes ❑No • If yes,provide the location of the structure(s),ground-level color photographs of the sructure(s),and identify their location(s)on an aerialmap: ............................................................................................... c. Is the project site listed in the National Register of Historic Places (National Register),or in/near a designated local or National Register Historic District? The internet address for the National Register is: http://nrhp.focus.nps. ov................................................................................................❑Yes ❑No • If Yes,identify the name of the historic property,site and/or district and the National Register document number:........................................ 3. ❑ Site photographs,maps and drawings a. Attach site photographs. Site photographs are required for all projects. Use the following as a checklist for photographs of your project. Attach photographs to this document or as accompanying documents in your submission. • Labeled,color,ground-level photographs of the project site:.............................................❑Required • Labeled,color photograph of each location where equipment would be attached to a building or structure:......................................................................................❑Required • Labeled,color aerial photograph of the project site:...........................................................❑Required • Labeled,color aerial photographs that show the extent of ground disturbance(if applicable): .................................................................................................❑Attached • Labeled,color ground-level color photographs of the structure from each exterior side of the building/structure(applicable only if building/structure is more than 45 years old): ....................................................................❑Attached b. Are there technical drawings or site plans available? .............................................................❑Yes❑No • If yes,attach: ......................................................................................................................❑Attached Appendix A has guidance on preparing photographs for EHP review 4. ❑ Environmental documentation a. Is there any previously completed environmental documentation for this project at this proposed project site(e.g.,Environmental Assessment,or wetland delineation,or cultural/archaeological study)?...........................................................❑ Yes❑No • If Yes,attach documentation with this form: .....................................................................❑Attached b. Is there any previously completed agency coordination for this project (e.g.,correspondence with the U.S.Fish and Wildlife Service,State Historic Preservation Office,Tribal Historic Preservation Office)?........................................❑Yes❑No • If Yes, attach documentation with this form:......................................................................❑Attached OMB Control#: 1660-0115 FEMA Form: 024-0-1 7 Environmental and Historic Preservation Screening Form—June 2012 c. Was a NEPA document was prepared for this project?...........................................................❑ Yes❑No • If Yes,what was the decision? (Check one,and please attach): ❑ Finding of No Significant Impact(FONSI)from an Environmental Assessment(EA)or ❑ Record of Decision(ROD)from an Environmental Impact Statement(EIS). Name of preparing agency:... Date approved:...................... OMB Control#: 1660-0115 FEMA Form: 024-0-1 8 i i Appendix A. Guidance for Supporting Photographs for EHP Grant Submissions Photographs are a vital component of the EHP review process and add an additional level of understanding about the nature and scope of the project. They also provide pre-project documentation of site conditions. Please follow the guidance provided below when preparing photographs for your EHP submission. The following pages provide examples of best practices used in earlier EHP submissions. Minimum requirements for photographs. 1. Photographs should be in color. 2. Label all photographs with the name of facility, location(city/county, state)and physical location (physical address or latitude-longitude). 3. Label the photographs to clearly illustrate relevant features of the project, such as location of installed features(e.g., cameras, fences, sirens, antennas,generators)and ground disturbance. See examples below. 4. Identify ground disturbance. Adding graphics to a digital photograph is a means to illustrate the size, scope and location of ground disturbing activities. Best Practices 1. Provide photographs in a separate file. 2. Place no more than 2 pictures per page. 3. Compressing pictures files (such as with Microsoft Picture Manager)' or saving the file in pdf format will reduce the size of the file and facilitate e-mail submissions. 4. Identify the photograph file with the project name so that it can be matched to the corresponding FEMA EHP screening form. 5. Maximum file size for enclosures should not exceed 12 MB. If the total size of files for an EHP submission exceeds 12 MB, send the submission in multiple e-mails. 6. If necessary, send additional photographs or data in supplemental e-mails. Please use the same e-mail subject line with the additional label: 1 of x, 2 of x, . . . x of x. Options for Creating Photographs 1. Obtain an aerial photo. There are multiple online sources for aerial photographs. 2. For the aerial photo, use the screen capture feature (Ctrl+Print Screen keys)and copy the image to photo editing software, such as Paint, or PhotoShop.' Use that software to crop the image so the photo has the content necessary. 3. Open PowerPoint,or other graphics-oriented software,and paste the aerial or ground-level photograph on the canvas. 4. Use drawing tools, such as line drawing and shapes,to indicate the location of project features(for example: fencing, lighting, sirens, antennas,cameras, generators). 5. Insert text to label the features and to label the photograph. 6. Use drawing tools to identify ground-disturbing activities (if applicable). 7. Save the file with the project name or grant number so that it can be appropriately matched to the corresponding FEMA EHP screening form. Include this file with the EHP screening when submitting the project. OMB Control#: 1660-0115 FEMA Form: 024-0-1 A-1 Appendix A. Supporting Photographs for EHP Grant Submissions Example Photographs Aerial Photographs. The example in Figure 1 provides 4nytvwn Town Hall, M Main Street,Anytown,State the name of the site,physical address and proposed location for installing new equipment. This example of a labeled aerial photograph provides good context of the surrounding area. � 44. w ' AL 11, . • Figure 1. Example of labeled, color aerial photograph. Ground-level photographs. Anytown Town Hall,123 Main Street,Anytown,State The ground-level photograph in Figure 2 supplements the aerial photograph in Figure 1, above. Combined,they provide a clear understanding WWI of the scope of the project. This photograph has the name and address of the project site, and uses graphics to illustrate where equipment will be installed. Figure 2. Example of ground-level photograph showing proposed attachment of new equipment OMB Control#: 1660-0115 FEMA Form: 024-0-1 A-2 t Appendix A. Supporting Photographs for EHP Grant Submissions Ground-level photograph Abc Tower Site,Some County,State I2°34'66-7'N. with equipment close-up. 450 67'69.12"W Figure 3 includes a pasted image of a CCTV camera that would be placed at the project + site. Using desktop computer software, such as PowerPoint,' this can be accomplished by inserting a graphic symbol (square, triangle, circle, star, $`'+ CCTV etc.)where the equipment Carnera ' would be installed. This example includes the name and location of the site. The site coordinates are in the degree- minute-second format. Figure 3. Ground-level photograph with graphic showing proposed equipment installation. Ground-level photograph Sometown Communitj Center,123 Elm Street,Someto,vn,State with excavation area close- up. The example in Figure 4 shows the proposed location - t for the concrete pad for a Trenching I,= generator and the ground gerreratoria disturbance to connect the building's electrical service: generator to the building's 22 it x is in x 6 electrical service. This in, information can be illustrated Generator Pad, Att with either an aerial or 4 ft x 10 It x 8 in ground-level photograph or r'"r both. This example has the Pa name and physical address of the project site. ~' Figure 4. Ground-level photograph showing proposed ground disturbance area. OMB Control#: 1660-0115 FEMA Form: 024-0-1 A-3 Appendix A. Supporting Photographs for EHP Grant Submissions Communications equipment photographs. The example in Figure 5 supports a project involving installation of equipment on a tower. Key elements are identifying where Eft end 3Ft equipment would be installed on Microwave the tower, name of the site and its Dish*"at Soft location. This example provides site coordinates in decimal format. Oft Mkrowave - D+sih at M Any f oui11y 7crwL9r, State I;? 34.',i:" N. 34 567e VV Figure 5. Ground-level photograph showing proposed locations of new communications equipment on an existing tower. Interior equipment �y Sheriff Dept. 123 Elm h"M. photographs. The example in A camera will be added maw-TQAffL Stak- -_ Figure 6 shows the use of graphic in the upper right symbols to represent security corner and a proximity features planned for a building. door access reader will p g be added for access The same symbols are used in the control other pictures where the same 711j7' — equipment would be installed at other locations in/on the building. This example includes the name of the facility and its physical address. Figure 6. Interior photograph showing proposed location of new equipment. Ground-level photographs of nearby historic structures and buildings. Consultation with the State Historic Preservation Office(SHPO) may be required for projects involving structures that are more than 50 years old, or are on the National Register of Historic Places. In that event, it will be necessary to provide a color,ground-level photograph of each side of the building/structure. 1 Use of brand name does not constitute product endorsement,but is intended only to provide an example of the type of product capable of providing an element of the EHP documentation. OMB Control#: 1660-0115 FEMA Form: 024-0-1 A-4 CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES Homeland Security Grant Program FY: Grant Number: CalOES ID# Subgrantee name: Project: REQUEST FOR SOLE SOURCE PROCUREMENT AUTHORIZATION 1. Project name: Project Budget: $ 2. Describe the project and/or activity that will be provided by the proposed sole source vendor/contractor. 3. Describe your organization's standard procedures when sole source contracting is considered, including the conditions under which a sole source contract is allowed, and any other applicable criteria(i.e. approval requirements, monetary thresholds, etc.). 4. Indicate which of the following circumstances resulted in your organization's need to enter into a sole source contract. a. Item/service is only available from one source (Describe the process used to make that determination. Please provide details.) b. A public urgency or emergency will not permit a delay resulting from competitive solicitation. According to the US Department of Homeland Security/FEMA, "Time constraints will not be considered a factor if the subgrantee has not sought competitive bids in a timely manner." (Describe the urgency or emergency. Please provide details) C. After solicitation of a number of sources, competition was determined inadequate. (Describe the solicitation process that determined competition was inadequate. Please provide details, and attach any relevant supporting material, Request for Proposal, etc.) 5. Did your organization confirm that the contractor/vendor is not debarred or suspended? 6. Will your organization be able to complete all activities associated with the sole source contract by the end of the grant performance period? 7. Has your organization determined the costs are reasonable? 8. Please attach a copy of the cost benefit analysis prepared for this procurement. Submitted by Date: (Name) (Signature) Cal OES SSRF rev 811113 EXHIBIT E Technology Project Standards 1. Virtual Port (Data System Projects) 1) Web-based software: system on browser technology instead of proprietary system 2) API or STK software integration tools- application is typically provided by the manufacturer 3) Exchange protocols: 128 bid encryption 4) Dual authentication 2. Downlink Project 1. Ability to go non-encryptic for both receivers and transmitters 2. 6.5 GHz Range 3. High-gain antennas 4. Moving Pictures Expert Group (M-PEG) current standards for decoding: M-PEG 4 3. SMART Classroom 1. 2 Mbps minimum bandwidth 2. Code-X Specs- minimum of C40 (2 video outputs) 3. Camera Specs- 1080 dpi 4. Firewall settings: 5. IT personnel required for set-up/installation 4. LARCOPP Asset Manager-Tracks personnel and equipment to shift or operational period based on availability either on duty or on overtime. Tracks all working hours and prints out overtime slips in compliance with FMAG reimbursement procedures. Logs-Ability to create multiple logs for different ICS sections, divisions, or agencies for multiple operational periods. Mapping—Ability to plot personnel, equipment, missions for a variety of incidents, draw perimeters, fire lines, fire progression, plume modeling etc. Video Streamer-Ability to stream multiple videos streams from ANTARES cameras in to several locations, (EOC's mobile command post trailers). Message Center—Ability to have private encrypted chat rooms for operators to discuss operations, FAX service to send and receive FAXs', Email groups ability to send and receive emails with attachments or send attachments on email. ICS Forms-Ability to create ICS forms and complete EAP's/IAP's Downlink Receiver—Ability to receive both 4.9 and 6.5 GHz downlink video Triage App—Ability to track patients at an MCI incident both by name and location. Tri-Korder phones-Ability to have most of the above applications on a smart phone and also the ability to use the TO Korder phone as a GPS tracker to track personnel live on the mapping app Re-Stat ability-to have situational awareness of all you deployed and waiting resources as well as missions Missions—creates and tracks missions both for a pre-planned and emerging events. Ability to insert detailed instructions for personnel Reports-Ability to print up multiple reports about personnel, missions, overtime costs. All of these abilities are shared with all agencies participating in the LARCOPP program. There are several servers throughout the region that give us the ability to share and view everyone's incidents and information live. It also allows us to works together on a single incident allowing multiple agencies in a unified command to have the same picture of the incident. All of this information is encrypted. 5. License Plate Recognition (LPR) Overview: Fixed and Mobile License Plate Recognition system should contain the following components: (a) Fixed License Plate Recognition Cameras including all necessary mounting hardware, (b)Capability to accept a network connection capable of backhauling data to city network, (c) Hardware capable of creating VPN between network connection identified in (b)and City/Agency network. System Requirements: • System shall have the ability to capture license plates and compare them to a database detailed by the purchasing agency; • System shall be able to perform this analysis in varied lighting and weather conditions at an accuracy level deemed suitable by the purchasing agency; • System shall have the ability to link or share data with other LPR systems; • The LPR system shall have the ability to be deployed in both a mobile and fixed installation based on standards set by the agency purchasing; • The systems timekeeping shall automatically update when time changes occur(e.g., Daylight savings time)and be consistent with correct calendar dates; • Any system selected shall allow for the purchasing agency to be the sole owner of the data; • Data shall be compatible with standard SQL format; • System selected shall at a minimum have the ability for a unique user sign and audit/reporting capability; • Still imagery must be in a non-proprietary format; • Each read shall retain the associated metadata the minimally includes: o GPS location; o Date; o Time; o Source (vehicle ID/fixed identifier); o Alert reason; • System must have the ability to retain all data captured for a period set by the purchasing agencies requirements; • The system must be industrial/commercial grade. No prototype models will be considered; Hardware: • Loss of power to any hardware shall not result in the unit requiring reprogramming; • Sudden loss of power shall not cause the loss of data; • All wiring shall meet industry standards applicable to the wire applications and all systems must be properly grounded using the same industry standards; • The systems shall operate under extreme hot and cold weather conditions (20to 160 degrees Fahrenheit); • Camera system shall capture an image of the plate and overview of the vehicle; • Mobile systems shall support a minimum of four cameras capable of capturing license plates; • System shall comply with the purchasing agencies' lighting standards for fixed installations; • Cameras must operate on a filtered, regulated and short-circuit-protected power source. • The system will be protected from damage due to input of voltage, reverse polarity, and electrical transients that may be encountered. • Camera will need to possess sufficient internal memory such that during times of impaired network connectivity data will not be lost. • Ruggedized exterior for camera and networking equipment • Vibration resistant • Rugged mounts that provide stability to all equipment Network Conditions: • System Network connection should be capable of sustained 250kb/s speeds. • Human intervention shall not be required to establish/maintain the connection • Connection should be capable of automatic reconnection in the event of power-loss or temporary issue with service provider. • If a device is required at each network connection point, it shall be capable of encrypting data being sent back to any Agency network. Warranty and Maintenance: • System selected shall include a comprehensive warranty and maintenance for the maximum amount of time allowed by the grant guidelines; Regional Sharing: • Any agency using UASI/SHSG Grant Funding shall agree to enter into a standard Memorandum of Agreement to share data between LA-LB UASI law enforcement members (to be developed and provided prior to final grant award); °., .". RECEIVED yxi ,,T MAR 0 9 20 'frkt LS IX�� CITY ADMINIS STAFF REPORT _ VERNON GAS & ELECTRIC DEPARTMENT RECEIVED 2016 DATE: March 15, 2016 aryCLERWS OFFICE TO: Honorable Mayor and City Council FROM: Carlos Fandino Jr., Director of Vernon Gas & Electric DepartmentJ, 's Originator: Diana Figueroa,Administrative Secretary RE: Approval of Contract with Simon Wind, Inc. for Meteorological Data Collection Services Recommendation A. Find that the approval of the contract with Simon Wind, Inc. is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Approve the agreement with Simon Wind, Inc., in substantially the same form as submitted herewith, for the purpose of meteorological data collection services; and C. Authorize the City Administrator or his/her designee to execute the agreement between Simon Wind, Inc. and the City of Vernon for a grand total amount not to exceed $113,800 for the term of the contract, January 1, 2016 through June 30, 2017. Background The City of Vernon Gas & Electric ("VG&E") Department has maintained a professional relationship with V-Bar since 2007 wherein they have provided expert analyses of meteorological information and collection of wind turbulence and shear data to determine the anticipated energy sources available and potential capacity and electrical output of proposed wind turbines on the City of Vernon (the "City") property in Jawbone Canyon. On March 27, 2014, City staff publicized a Request for Proposal ("RFP") for the services mentioned above. Upon review of the proposal submissions, staff determined that V-Bar was best suited to provide such services to the City. Accordingly, Council approved and awarded a contract to V-Bar on March 20, 2014 which was instated on July 1, 2014 with a term date of June 30, 2017. V-Bar, specifically its representative, Richard Simon, has consistently addressed the City's needs by providing services that have included: Conducting ongoing evaluation of the potential for Page 1 of 2 wind-generated electricity; assisting in the processing of historical on-site wind and other meteorological data; and processing new data from the seven meteorological towers and one Sodar unit presently operating at the Jawbone property in Kern County, California. Richard Simon left V-Bar, LLC effective as of December 31, 2015. As a result of the City of Vernon's positive professional relationship with Mr. Simon and his intimate understanding of the specific needs of the City, staff has elected to conduct business with his newly formed company, Simon Wind, Inc. The City of Vernon, in recognizing certain existing agreements with V-Bar, submitted a formal request to V-Bar that any agreements between the City of Vernon and V-Bar be released to Simon Wind, Inc. In subsequent correspondence, it was agreed that all existing files of the City would be managed by Simon Wind, Inc. effective January 1, 2016. It is recommended that Council approve the award of a contract to Simon Wind, Inc. for not-to- exceed amount of$113,800 and that the contract term be valid for the remainder of the original term, through June 30, 2017. The contract has been reviewed and approved by the City Attorney's office. Fiscal Impact The proposed not-to-exceed grand total amount of compensation for Simon Wind, Inc. is $113,800 over the entire term of the contract, the amount for which has been accounted in the VG&E budget for the 2015-2016 fiscal year. Employing the services of Simon Wind, Inc. will be a reduction in cost for the City, as the budgeted V-Bar contract balance was earmarked at $146,596. Attachment(s) 1. Agreement between the City of Vernon and Simon Wind, Inc. for Meteorological Data Collection Services Page 2 of 2 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND SIMON WIND, INC FOR METEOROLOGICAL DATA COLLECTION SERVICES COVER PAGE Contractor: Simon Wind, Inc. Responsible Principal of Contractor: Richard L. Simon, President Notice Information - Contractor: Simon Wind, Inc. 400 E. Capitol Park Avenue, Suite 404 Salt Lake City, UT, 84103 Attention: Richard L. Simon, President Phone: (801) 647-4107 Facsimile: (801) 906-0119 Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Carlos Fandino Jr. Director of Gas & Electric Telephone: (323) 583-8811 ext. 573 Facsimile: (323) 826-1408 Commencement Date: January 1, 2016 Termination Date: June 30, 2017 (unless terminated earlier) Consideration: Total not to exceed $113,800 (includes all applicable sales tax); and more particularly described in Exhibit B Records Retention Period Three (3) years, pursuant to Section 9.19 August 2013 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND SIMON WIND, INC. FOR METEOROLOGICAL DATA COLLECTION SERVICES THIS Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation ("City"), and Simon Wind, Inc., a Utah corporation ("Contractor"). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the Contractor's proposal to the City ("Proposal") dated February 4, 2016, Exhibit "A", which is attached to and incorporated into this Contract, by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed according to the standards then prevailing in the California profession. 3.0 PERSONNEL. 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 4.0 TERM. The Contractor shall commence the delivery of services on receipt of a written notice to proceed and shall complete the services on the schedule set forth in Exhibit .C„ 2 August 2013 f i The term of this Contract shall commence on January 31, 2016, and it shall continue until June C 30, 2017, unless terminated at an earlier date pursuant to the provisions thereof. t 5.0 COMPENSATION AND FEES. } 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit "C". 5.2 Contractor's grand total compensation for the entire term of this Contract, including change orders, shall not exceed $113,800 without the prior authorization of the City Council and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including i a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the i immediately preceding calendar month. 3 August 2013 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services, authorized costs and authorized extra work covered by that invoice. 7.0 CHANGE ORDERS. The Director of the Department of Gas & Electric shall have the authority to issue change orders for administrative and non-material changes to the scope of services and to the time for performance as long as the change orders do not increase the compensation due to Contractor under this Contract and as long as the time is not extended beyond three years. The City Administrator, shall have the authority to issue administrative change orders to increase the compensation due Contractor under this Contract, but the combined total amount of such change orders shall not exceed $100,000. 8.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's I services. 9.0 GENERAL TERMS AND CONDITIONS. 9.1 INDEPENDENT CONTRACTOR. 9.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or I employee of City and shall furnish such services in its own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment 4 August 2013 of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 9.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 9.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 9.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 9.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy or incompleteness. 5 August 2013 ' 9.5 WAIVER. The City's waiver of any term, condition, breach or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 9.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and/or assigns. 9.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties or otherwise constitute a novation. 9.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. 9.9 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 9.10 INTERPRETATION. 9.10.1 Applicable Law. This Contract, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California. 9.10.2 Entire Agreement. This Contract, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, 6 August 2013 representations, understandings, correspondence, documentation and agreements (written or oral). 9.10.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 9.10.4 Severabilily. If any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 9.10.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's Request for Proposals shall control over the Contractor's Proposal. 9.10.6 Choice of Forum. The parties hereby agree that this Contract is to be enforced in accordance with the laws of the State of California, is entered into and/or is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Contract shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 9.10.7 Duplicate Originals. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 9.11 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term and provision hereof. 9.12 AUTHORITY OF CONTRACTOR. The Contractor hereby represents ] August2013 and warrants to the City that the Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 9.13 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 9.14 INDEMNITY. Contractor agrees to indemnify, hold harmless and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of: (1) any activity on or use of City's premises or facilities or any performance under this Contract; or (2) any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agent in connection with the performance of this Contract. i. This agreement to indemnify includes, but not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or 8 August2013 corporations, Contractor and its employees or agents, and members of the general public). 9.14.1 RELEASE. Contractor agrees to release and covenants not to sue the City, its City Council and each members thereof, and its officers, employees, commission members and representatives for any damage or injury (including death) to itself, its officers, employees, agents and independent contractors damaged or claiming to be damaged from any performance under this Contract. 9.15 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amount set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. i. Automobile Liability with minimum limits of at least $100,000/300,000/50,000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of$500,000 including owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form. i ii. General Liability with minimum limits of at least $1,000,000 combined single limits written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insured as respects liability arising out of the Contractor's performance of this Contract. (1) If Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insured under its own policy of shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. (2) Blanket Contractual Coverage (if required by the city). 9 August 2013 (3) Products/Completed Operations Coverage (where such risk is applicable, as determined by the city) (4) Explosion, Collapse and/or Underground (X, C, and/or U) coverage (where such risk is applicable, as determined by the city). iii. Professional Errors and Omissions coverage in a sum of at least $1,000,000. Applicable aggregates must be identified and claims history provided to determine amounts remaining under the aggregate. iv. Contractor shall comply with the applicable sections of the California Labor Code concerning worker's compensation for injuries on the job. Compliance is accomplished in one of the following manners: (1) Provide copy of permissive self-insurance certificate approved by the State of California; or (2) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of$1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or (3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. V. Each insurance policy included in this clause shall be endorsed to state I that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. vi. Insurance shall be placed with insurers with a Best's rating of no less than B. vii. Prior to commencement of performance, Contract shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The 10 August 2013 certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. viii. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Contract until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due Contractor, at City's option; (b) immediately terminate this Contract; or (c) self- insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due Contractor. 9.16 NOTICES. Any notice or demand to be given by one party to the other be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City: Department of Gas & Electric 4305 Santa Fe Ave. Vernon, CA 90058 Attn: Javier Valdez If to the Contractor: Simon Wind, Inc. 400 E. Capital Park Ave. #404 Salt Lake City, Utah 84103 Attention: Richard L. Simon Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date 11 August2013 of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 9.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 9.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of(1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. 9.19 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 12 August 2013 The Contractor shall maintain and preserve all such records for a period of at least 3 years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 9.20 CONFLICT. Contractor hereby represents, warrants and certifies that no member, officer or employee of the Contractor is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. 9.21 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1'/z times the basic rate of pay. 9.22 LIVING WAGES. Contractor, and any Subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "C". Upon the City's request, certified payroll records shall promptly be provided to the City. 9.23 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Contract, it and any other parties 13 August 2013 r with whom it may subcontract shall adhere to equal employment opportunity practices to assure I i that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "D". [Signatures Begin on Next Page]. 14 August 2013 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City Simon Wind, Inc., a Utah corporation and California municipal corporation By: By: AJ Wilson, Interim City Administrator Name: Title: ATTEST: By: Maria E. Ayala, City Clerk Name: Title: APPROVED AS TO FORM: Brian Byun, Deputy City Attorney 15 August 2013 EXHIBIT A PROPOSAL 16 August 2013 , Simon Wind, Inc. 4 February 2016 City of Vernon Attention: Carlos Fandino, Director of Gas & Electric 4305 Santa Fe Avenue Vernon, CA 90058 Re: RFP for meteorological data collection services, Bright Star Canyon Dear Javier: Thank you for inviting Simon Wind, Inc. to submit a proposal for continuing the work for Bright Star Canyon under the original RFP entitled "Meteorological Data Collection Services" and dated 2014. Simon Wind personnel have been working in wind energy since 1977, in the greater Tehachapi Pass area since 1986, and in/near your Bright Star Canyon properties since 1993. Thus we believe our proposal herein will give you maximum value based on this long experience. The attached proposal is valid for 93 (ninety-three) days from the date listed above. Work contemplated under this proposal will be performed by Richard Simon and two independent contractors: David Matson and a senior data analyst, who initially will be Eron W. Jones, both of whom have both been working on the City's Bright Star Canyon project since 2009. Simon Wind is a corporation organized in the State of Utah. Its address and FEIN are as follows: Simon Wind, Inc. 400 E. Capitol Park Avenue, Suite 404 Salt Lake City, UT 84103 Telephone: 801-647-4107 Facsimile: 801-906-0119 rich@simonwind.com FEIN: 81-1226345 Richard Simon, the signator below, is the President of Simon Wind, Inc., and is authorized to discuss the attached proposal with the City of Vernon and authorized to contractually bind Simon Wind to any contract resulting from this proposal. I look forward to hearing back from you with any questions. Please feel free to contact me by telephone (801-647-4107) or email (rich a,simonwind.com). Mr. Javier Valdez Page 2 Sincerely, PI-6L, C. !Z-ry n. Richard L. Simon Attachment 400 E.Capitol Park Ave.,Suite 404 Salt Lake City, UT 84103 USA Tel:+1-801-647-4107 Fax:+1-801-906-0119 PROPOSAL FOR METEOROLOGICAL DATA COLLECTION SERVICES Presented to City of Vernon Attention: Javier Valdez, Business & Account Supervisor 4305 Santa Fe Avenue Vernon, CA 90058 Submitted by Richard L. Simon, President Simon Wind, Inc. 400 E. Capitol Park Avenue, Suite 404 Salt Lake City, UT 84103 3 February 2016 INTRODUCTION The City of Vernon had requested proposals for Meteorological Data Collection Services to conduct an evaluation of the potential for wind-generated electricity at its Bright Star Canyon properties in Kern County, California. The City acquired these properties and installed its own wind monitoring equipment in 2010-2011. This work had been awarded to V-Bar, LLC, who performed these services through December 2015 and provided its last monthly wind report evaluating wind data through 30 November 2015. Effective 31 December 2015, Richard Simon (Managing Director of V-Bar) has terminated his relationship with V-Bar. By agreement of the remaining V-Bar management, Mr. Simon may continue to work for the City, and V-Bar has agreed to a three-year non-competition and non- solicitation clause regarding the City. To maintain continuity, work product and guidance to the City, Mr. Simon's new entity (Simon Wind, Inc.)hereby proposes to continue the meteorological support for the Bright Star Canyon project. The new scope of services involves processing, reporting and summarizing meteorological data collected starting 1 December 2015 on the Bright Star Canyon lands, drafting prospective wind turbine development plans along with their energy projections, utilizing state-of-the-art wind resource evaluation techniques and consistent with current industry trends, and general support as the City pursues its renewable energy strategy for this project. 400 E.Capitol Park Ave.,Suite 404 Salt Lake City, UT 84103 USA Tel:+1-801-647-4107 Fax:+1-801-906-0119 The City can rely on Simon Wind to ensure quality in all delivered products and reports and stay within the time frames and budgets given later in this proposal. Simon Wind personnel have been working with wind data since the 1970's, have processed data from roughly 300 meteorological towers in and near Tehachapi Pass, and have worked with predecessor and current wind data for the Bright Star Canyon project area dating back to 1993. Our methods are well honed to intake new data, use customized quality control processes to evaluate data, and analysis software we've been using and refining for more than 30 years. Also, we have demonstrated our ability to meet budgets in work performed on the Bright Star Canyon project as a subcontractor to Burns & Roe from 2008-2011 and then directly on behalf of the City since 2011. There have been no material changes in our company management and work flow structure (other than Simon Wind being a new entity) that would put continued reliable and cost- effective work at risk. GENERAL SCOPE OF WORK/WORK PLAN There are four specific tasks identified in the RFP for which Simon Wind offers meteorological support. These are named and discussed below. We have combined the two topics from the RFP (general scope of work and work plan) together, as it allows a more efficient discussion. Task 1: Collect/Process/Report Bright Star Canyon Wind Data from 2010-2013. This work has already been completed and submitted to the City Task 2: Collect/Process/Report Bright Star Canyon Wind Data Starting December 2015. As of the date of this proposal, there are six meteorological towers and one sodar operating at Bright Star Canyon, plus the two long-term reference stations nearby. Monthly reports would be submitted. The first such report would include data from December 2015-January 2016, to be submitted within three weeks of contract signature and receipt of all pertinent data from the City, and then monthly reports to be furnished by the 20t" day following the end of a given month. Note the RFP does not specify an end date for the monthly reporting. For purposes of this proposal, we have assumed the last month of data to be processed is May 2017, with its report submitted by 20 June 2017. Although not specifically requested in the Scope, we would, as a courtesy, report any problems in data quality or transmission to the City and help support the City in contracting for repairs to the monitoring equipment, as well as follow through and confirm acceptance of repairs. Task 3. Prospective Wind Turbine Array Plans and Long-Term Gross/Net Energy Projections. We would select up to three commercial wind turbine models available in today's market and appropriate for the wind regime(s) of the Bright Star Canyon project. We will draft prospective array plans for these turbines utilizing the wind speed, wind direction, wind shear and turbulence data at wind monitoring locations and extrapolated/interpolated resource statistics across the study domain, the latter to be refined with inputs from the City. The three turbine models evaluated in Task 3 may differ from those evaluated in Task 1. 400 E.Capitol Park Ave.,Suite 404 Salt Lake City, UT 84103 USA Tel:+1-801-647-4107 Fax:+1-801-906-0119 Gross energy potential is evaluated by extrapolating the gross energy simulations at individual meteorological towers across the study area. To convert gross to net energy projections, we will discount the gross projections using the standard categories of discount factors defined by the American Wind Energy Association: wake losses, turbine availability, electrical losses, turbine performance, environmental factors and curtailment. We will calculate these discounts from the on-site data directly when possible, and use typical industry values for non-meteorological discount factors which ultimately require engineering and contractual inputs outside the scope of this proposal. Simon Wind personnel been designing and evaluating the energy resource potential of turbine arrays since the 1980's, and we have sited more than 20,000 megawatts of operating turbines around the world. Our accuracy in these projections is similar to other major wind resource consultants in the United States. Since we already have solid experience with the Tehachapi region, this experience can be used to help fill in the gaps between met towers. Due to this experience, we believe that we would not need to incur the cost of a site visit to draft these prospective arrays. Task 4: General Assistance on Internal or Third-Party Wind Farm Development Propo sals. Simon Wind personnel have been working with government agencies, utilities, municipalities and third-party developers for more than three decades, and thus we have considerable insight and experience related to wind farm development. Richard Simon, as Principal Investigator, will be available on an as-needed basis should these types of issues arise during the course of the contract. FEES AND COSTS Simon Wind proposes a time and materials contract. This has consistently been shown to be the most cost-effective type of contract for meteorological data monitoring, as it allows us to be flexible to changes in the monitoring program, yet gives the client leverage to re-allocate priorities during the course of the study. Our cost proposal below is based on Simon Wind's 2016 standard billing rates of$260/hour for Mr. Simon, $240/hour for Mr. Matson, and $210/hour for Mr. Jones. Should this study continue into 2017 and/or subsequent years, all billing rates would increase $10/hour each calendar year. Simon Wind confirms that these services are offered at comparable rates we offer to other government entities for this kind of work. Cost estimates reflect not-to-exceed quotes, assuming no change in scope. Task Not-to-Exceed Quote Remarks 1: Process/report $0.00 Task already complete 2010-2013 wind data 2: Process/report $63,000.00 18 monthly reports at a projected cost of December 2015-May $3,500/month. This cost includes 2017 data coordination on tower maintenance and repair issues. 400 E.Capitol Park Ave.,Suite 404 Salt Lake City, UT 84103 USA Tel:+1-801-647-4107 Fax:+1-801-906-0119 3: Array plans and $30,000.00 Up to three turbine models. One site visit is energy projections anticipated. 4: General support to $20,800.00 Allows for 80 hours of time for R. Simon, the City to be used only if requested. TOTAL $113,800.00 Sum of the four individual task quotes PROPOSER QUALIFICATIONS The original company which is now called Simon Wind, Inc., was created in December 1983 as a sole proprietorship. Our company focus has always been meteorological aspects of wind energy, thus aligned perfectly for the scope of services requested by the City. Further information on our background: Personnel. Simon Wind is composed solely of degreed atmospheric scientists. This is especially helpful for studying California winds, as the wind flow patterns are extremely complex and not easily modeled with standard off-the-shelf techniques. Three persons will perform all work on behalf of a contract with the City: • Richard L. Simon, President, MS Meteorology from San Jose State University (1976), and active in the wind industry since 1977, at which time he co-authored the first formal study of wind power potential in California for the newly formed California Energy Commission. The CEC then hired Mr. Simon for a number of follow-up assignments, and he became principal investigator for government and utility sponsored research programs through the 1980's. Mr. Simon also helped pioneer California wind development in the 1980's, personally siting more than 3,000 of the 18,000 turbines installed that decade. He (along with David Matson) started the consultancy in 1983 that is now Simon Wind. Mr. Simon has worked all over the world, personally sited about 20,000 MW of operating turbines around the world, and has published many papers on the meteorological aspects of wind energy. Mr. Simon will serve as principal investigator for the Vernon project, including technical guidance and report finalization. He will be responsible for roughly 70%of project billed hours. • David F. Matson, BS Meteorology from San Jose State University (1983). Mr. Matson entered the wind industry as a computer programmer and has written numerous wind energy analysis software programs. He also has processed wind data from roughly 5000 stations across the world, giving him special insights as to data quality and acceptance. Finally, he is Simon Wind's internal expert on meteorological equipment and data transmission. He will serve two functions for the Vernon work: initial review of processed data and draft reports, and coordinate all meteorological repair/maintenance work that the City requires during the course of this contract. He will be responsible for roughly 10%of project billed hours. • Senior data analyst. This will initially be Eron W. Jones, MS Meteorology from the University of Wisconsin (2006). Mr. Jones started his professional career as a data 400 E.Capitol Park Ave.,Suite 404 Salt Lake City, UT 84103 USA Tel:+1-801-647-4107 Fax:+1-801-906-0119 analyst for the National Weather Service, and has been working in the wind energy field since 2007. He will serve as the lead data analyst, and he has helped refine our processes and procedures for streamlining this key aspect of wind resource assessment. Mr. Jones has also processed all historical data for the Bright Star Canyon area and thus is already familiar with the subtleties and challenges these stations provide. He will be responsible for roughly 20%of project billed hours. Should Mr. Jones become unavailable for this work, Simon Wind has several backup options to choose from to insure continuity of service. Related Work Projects. Simon Wind and its predecessors have performed hundreds of projects similar to that requested by the City of Vernon. A list of the most relevant projects (geographically and or time-wise) is given below. R. Simon and D. Matson worked on all Tehachapi projects, E. Jones is listed on ones he worked on in Tehachapi. For current projects, we list the roles of the three Simon Wind personnel who would work on the Vernon study: Tehachapi Pass • Met tower selection, data processing, array planning, resource projections, and follow-up reporting to the bank: Victory Garden Phase IV project, Zond Systems/Florida Power& Light, 98 Vestas V-27 turbines, performed by R. Simon and D. Matson, 1986-1999. • Met tower selection, data processing, array planning, resource projections, and follow-up reporting to the bank: Sky River project (bordering Bright Star Canyon), Zond Systems/Florida Power& Light, 98 Vestas V-27 turbines, performed by R. Simon and D. Matson, 1987-1999. • Met data analysis, turbine siting, resource projections and follow-up data review: 8 Mitsubishi MWT-500 turbines, Mogul Energy, 1994-2008 • Met data analysis, turbine siting and resource projections: Pine Tree project(just south of Bright Star Canyon), 42 GE-1.5sle turbines, Horizon Wind Energy/LADWP, 2003- 2005. • Due diligence review, operational performance tracking, repower studies: Mojave 89/90 projects, roughly 450 Mitsubishi MWT-275 turbines, Florida Power and Light/Eurus Energy America Corporation, 1989-2013. • Met tower selection, data analysis, turbine siting, resource projections: Cannon Energy Corporation, 39 Vestas V-500 turbines, 1993-1996 • Met data analysis, turbine siting, resource projections and follow-up data review: AB Energy, 45 Vestas V-27 turbines, 1992-2005 • Met data review and resource projections: enXco (now EDF Renewables), for their Pacific Wind, Catalina, Avalon, Oasis and Cameron Canyon projects, 2003-2012 (E. Jones analyzed data from most of these projects) • Met tower selections, data processing, resource evaluations: Sky River East, for GE Energy, 2002-2005 • Met tower selections, data processing, array plans, energy projections, follow-up operational analyses: Western Wind Energy Corporation, Windstar project, 60 Gamesa 2-MW turbines, 2006-present • Met data processing, resource evaluations: Brookfield Renewable Energy, several of their Tehachapi projects 400 E.Capitol Park Ave.,Suite 404 Salt Lake City, UT 84103 USA Tel:+1-801-647-4107 Fax:+1-801-906-0119 • Met tower data processing and reporting: Wind Energy Constructors/Horizon Wind Energy, Bent Tree/Homestead projects, 1992-2011 (E. Jones analyzed these data) • Met tower data analyses: Windstream Properties, 2009-present Current Projects Similar to Bright Star Canyon, but Outside of Tehachapi: • American Heartland, 2 met towers in Iowa(Simon) • Gallegos/Don Carlos Ranches, 10 met towers in New Mexico (Simon) • Big Sky Wind, 2 met towers in Texas (Simon, Matson) • BNB Renewable Energy, 2 met towers in Mexico (Simon, Matson) • Brookfield Renewable Energy Group, 8 met towers in California and Arizona(Simon, Matson) • Champlin Energy, 3 met towers, two sodars in Hawaii (Simon, Matson, Jones) • Community Energy, 5 met towers in Indiana(Simon, Jones) • DKRW Energy, 2 met towers in Texas, 2 in Wyoming(Simon, Matson) • EUI Development, 2 met towers in Colorado, 3 in Utah (Simon, Jones) • Eurus Energy, 30+met towers in five states and abroad (Simon, Matson, Jones) • Greenbriar Capital, 4 met towers/2 sodars in Utah (Simon, Matson, Jones) • Houser Properties, 2 met towers in Texas (Simon) • Hunt Oil, 2 met towers in Arizona(Simon, Matson) • Intermountain Wind, 3 met towers in Wyoming(Simon, Jones) • Koppeis Energy, 2 met towers/1 sodar in Illinois (Simon, Matson,Jones) • Mariah Phase 2 Energy Holdings, 8 met towers in Texas (Simon, Matson) • Mnioka Construction, 5 met towers in South Dakota(Simon, Matson) • RD Energy Group, 4 met towers in Texas (Simon, Matson) • Rogers Cattle, 2 met towers in Texas (Simon, Matson) • Siemens Industries, 1 met tower in Texas (Simon, Matson) • Sumitomo Corporation of America, 5 met towers in Texas and Mexico (Simon, Matson) • Sunwind Energy Solutions, 2 met towers in Kansas (Simon) • Tri Global Energy, 32 met towers at ten projects, Texas and New Mexico (Matson, Jones) • Volkswind USA, 2 met towers in Montana, 2 in Nebraska(Simon, Matson, Jones) • Wind Tex Energy, 1 met tower and 1 lidar, Saint Lucia(Caribbean, Simon, Matson) • Wyoming Wind & Power, 17 met towers in Wyoming(Simon) References. Here are selected references for persons either working for utilities or with long experience in Tehachapi Pass development: • Jerry Dittmann, Xcel Energy, Minneapolis, MN,jerry.dittman&xcelenergy.com, tel 612- 215-4568 • Dan Frank, San Diego Gas & Electric, San Diego, CA, DFrank m,semprautilities.com, tel 858-637-3764 • Nate Hardy, Utah Association of Municipal Power Systems, Salt Lake City, UT, Nateg,uam sp com, tel 801-566-3938 400 E. Capitol Park Ave.,Suite 404 Salt Lake City, UT 84103 USA Tel:+1-801-647-4107 Fax:+1-801-906-0119 • Sean Roberts, Wind Energy Constructors, Mojave, CA, sean.rbertskwindenergvconstructors.com, tel 661-203-9090 • Robert Gates, Zond Systems/GE/Clipper Wind Power/Windstream Properties, b ates ,windstreamproperties.com, tel 661-331-1203 • Al Davies, Zond System s/W indstream Properties, Santa Rosa, CA, adavies ,windstreamproyerties.com, tel 707-322-1101 • Jeff Ciachurski, Greenbriar Capital Corporation, Newport Beach, CA, jiachurskia,greenbriarcapitalcorp.com, tel 949-903-5906 400 E. Capitol Park Ave.,Suite 404 Salt Lake City, UT 84103 USA Tel:+1-801-647-4107 Fax:+1-801-906-0119 EXHIBIT B SCHEDULE The following rates apply to Simon Wind, Inc. for calendar year 2016: • Rich Simon:$260 per hour • Dave Matson: $240 per hour • Eron Jones: $210 per hour. Should this study continue into 2017 and/or subsequent years, starting each January 1 of a calendar year, hourly billing rates would increase by the lesser of$10/hour for each new calendar year or the adjustments to the consumer price index over the term of the contract (CPI- U) for the Los Angeles-Orange-Riverside area, base period (1982-84), based upon the most recent month of publicly available CPI data available as of January 1. Simon Wind, Inc. confirms that these services are offered at comparable rates offered to other government entities for this kind of work. Notwithstanding any potential hourly rate adjustments, Simon Wind, Inc. quotes the following prices in not-to-exceed amounts for all years this Agreement is in effect, assuming no changes in scope: Task Not-to-Exceed Remarks 1: Process/Report: 2010-2013 $0.00 Task already complete Wind Data 2: Process/Report: December $63,000.00 18 monthly reports at a projected cost of 2015 — May 2017 Data $3,500/month. This cost includes coordination on tower maintenance and repair issues. 3: Array plans and energy $30,000.00 Up to three turbine models. No site visit projections anticipated. 4: General support to the City $20,800.00 Allows for approximately 80 hours of time by R. Simon, to be used if requested. TOTAL $113,800.00 Sum of the four individual tasks 17 August 2013 EXHIBIT C LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. 18 August 2013 EXHIBIT D j EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. I 19 August 2013 v 4w `: EIVED 1`="-R 0 l 2016 �rT fMq CITY ADMINISTRA STAFF REPORT VERNON GAS & ELECTRIC DEPARTMENT DATE: March 15,2016 MAR 0 9 2016 TO: Honorable Mayor and City Council CITY CLERK'S OFFICE FROM: Carlos Fandino Jr., Director of Vernon Gas & Electric Department '1n Originator: Ali Nour, Utilities Engineering Manager /� 3_� V`� Ul RE: Award of Bid and Purchase Contract to Schneider Electric, Inc. for Furnishing and Delivering Medium Voltage Vacuum Circuit Breakers for the Vernon Gas & Electric Department(Bid Specification 4CB7-2016-1) Recommendation A. Find that approval of the proposed purchase of 7 KV circuit breakers is exempt from California Environmental Quality Act (CEQA) review, because such purchase 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 that even if such purchase were a project, it would be categorically exempt in accordance with CEQA Guidelines section 15301, because it consists of the maintenance, repair or minor alteration of existing equipment and involves negligible or no expansion of an existing use. The equipment referenced herein merely replaces older equipment and improves electric system efficiency and reliability in Vernon; and B. Accept that Schneider Electric, Inc. was the lowest responsive and responsible bidder for bid specification #CB7-2016-1, relating to the purchase of 7 KV Medium Voltage Vacuum Circuit Breakers for Leonis Substation; and C. Award bid and authorize the Purchasing Department to issue one purchase order contract for a two (2) year term to Schneider Electric, Inc. for a grand total amount, not to exceed, $342,159.23 including taxes; and D. Reject all other bids. Background City of Vernon's electric distribution system master plan provides a forecast of future electric demands that is used in conjunction with the system planning and reliability criteria to determine Page 1 of 2 which equipment upgrades or new facilities are needed to serve system requirements capable of providing safe, reliable, and cost-effective service to Vernon's electric customers. Staff identified (20) 7 KV circuit breakers at Leonis Substation as the first priority and elected to replace the existing obsolete oil-filled circuit breakers systematically, such that replacements will not impact electric service continuity to customers. The Invitation to Bid identified the manufacturers and their pricing for the new vacuum circuit breakers. On January 21, 2016, in compliance with the City's policies and procedures, VG&E published Specification#CB7-2016-1 on the city web site and newspapers requesting bidders for the furnishing and delivery of 20 Medium Voltage Vacuum Circuit Breakers for the Gas & Electric Department. On February 22, 2016, the City received and opened bid responses from five vendors. The bid package explained that a purchase contract would be awarded to the "lowest responsible and responsive bidder". The"lowest" bid was evaluated based on the fact that Schneider Electric equipment met all the bid package technical specification requirements and also offered the lowest per unit price. Even though sec. 1.10 of the Invitation to Bid requires that all bids must include taxes, Schneider Electric took exception by only providing the factory unit price and excluding local, state and federal taxes as required; however, sec. 3.2 permits the Department to have the right"to waive any minor technicalities from the specifications". As such, the Department proceeded with the evaluations and selected the lowest responsive and responsible bidder. Recommended Bid Award and Purchase Order Staff recommends the City Council declare that Schneider Electric, Inc. is the lowest responsible and responsive bidder for the medium voltage circuit breakers. It is recommended that the City Council authorize one purchase order contract for the grand total not to exceed amount of $342,159.23, including taxes with Schneider Electric, Inc. based on a thorough evaluation process and on the basis of being the lowest unit price and complying with the specifications. The purchase order includes sales taxes and it shall be valid for the two (2) year term. Fiscal Impact The proposed purchase totaling $342,159.23, including taxes, is within the Capital Budget for Vernon Gas & Electric Department for fiscal year 2015-2016. Attachment(s) 1. Schneider Electric, Inc. Notice Inviting Bids (Bid Specification#CB7-2016-1) Response Page 2 of 2 City of Vernon o a s °5 LY IS ID Specification No. CB7-2016-1 Furnish and Deliver Medium Voltage Vacuum Circuit Breakers 15.5kV, 1200Amp, 40,000AIC For the Department of Gas & Electric City of Vernon NOTICE INVITING BIDS To Furnish and Deliver Medium Voltage Vacuum Circuit Breakers 15.5kV, 1200Amp, 40,000AIC Department of Gas & Electric Three (3) copies of sealed bids will be received prior to Monday, February 22, 2015, 2:00 PM by the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058, and will be opened at that time and place. The bids shall be clearly titled. Copies of the Specifications may be obtained by mail, City of Vernon Website or in person from the Gas & Electric Division, 4305 Santa Fe Avenue, Vernon, CA 90058, telephone No. (323) 583-8811 Ext. 825 Refer to the specifications for complete details and bidding requirements. Circuit Breakers size and anticipated order quantities are identified in the Attachment Unit Price Bid Form. The specification and this notice shall be considered a part of any contract made pursuant thereunder. City of Vernon Instructions for Bidders And Specification No. CB7-2016-1 Medium Voltage Vacuum Circuit Breakers 15.5kV, 1200Amp, 40,000AIC City personnel with whom prospective bidders will deal with are: Ali Nour, Department of Gas&Electric,4305 Santa Fe Avenue,Vernon,CA 90058— (323)583-8811 Ext. 316 Javier Valdez, Department of Gas& Electric,4305 Santa Fe Avenue,Vernon, CA 90058— (323)583-9811 Ext.825 Marisela Martinez, Purchasing Division,4305 Santa Fe Avenue,Vernon,CA 90058— (323)583-8811 Ext. 235 Bid opening time is 2:00 PM Monday, February 22,2016 Bids will be received and opened at the Dffice 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 shall not be considered. 3 TABLE OF CONTENTS PAGE: NOTICE INVITING BIDS PART I: REQUIREMENTS AND INSTRUCTIONS—TO BIDDERS..................................................... 6 1.0 GENERAL INSTRUCTIONS 6 1.1 General Bid Requirements 6 1.2 Bidder Must Make Thorough Investigation 6 I 1.3 Acceptance of Conditions 6 14 Truth and Accuracy of Representation 7 f 1.5 City Changes to the Bid Documents 7 1.6 Notice Regarding Disclosure of Contents of Documents 7 1.7 Award of Bid and Determination of Responsiveness 7 1.8 Error an missions 8 1.9 Patent Fees;Patent,copyright,Trade Secret and Trademark Fees 8 1.10 Taxes 8 2.0 SPECIAL CITY REQUIREMENTS 8 2.1 Living Wage Ordinance and Prevailing Wage Where Applicable 9 2.2 Equal Employment Opportunity In Contracting - 914 2.3 Affidavit of Non-Collusion by Contractor 9_ 2.4 Local Preferences 9 3.0 GENERAL SPECIFICATIONS 9 3.1 Bid Order Quantities 10 3_Z Evaluation of Bid 10 3Total wners ip host Awar o ontract � � 1 uration of Contract 10 6 Sampre Purchase Contract 3.7 License an ermits 3.8 Substitution for Patented and SpecifiedArticles .7— Bid Your Full Equal or Better 11 3.10 Exceptions and Exc usions 11 3.11 Liability Insurance 11 1 Order and Delivery 12 3.I3 For Delivery12 Most Favorite Customer --co DoCUMENTATrW- 4.1 For LSid Evaluation 12 'al7[7P�ST�'-1L7�31` ......... BIDDER'S P-RIIFCfSAL PRDPOW.......................... ................. 4 ATTACHMENTS.... 29 1 BIDDER'S CHECKLIST 2 UNIT PRICE BID FORM _ 3 AFFIDAVIT OF NON-COLUSION 4 VENDOR LIST QUESTIONNAIRE 5 PURCHASE CONTRACT 6 LAIBILITY INSURANCE REQUIREMENTS Exhibit A—LIVING WAGE ORDINANCE AND PREVAILING WAGE _ Exhibit B—EQUAL EMPLOYMENT OPPORTUNITY IN CONTRACTING 5 ` • 'T I — REQUIREMENTS AND INSTRUCTIONS TO ! 1M ` 1.0 GENERAL INSTRUCTIONS 1.1 GENERAL BID REQUIREMENTS: To be considered, a bidder must follow the format for bids in the specifications,as listed in the bidder's checklist. Bids must be binding and firm.Any bids may be withdrawn before bid opening but not for 90 days after opening. 1.2 BIDDER MUST MAKE THOROUGH INVESTIGATION: It is the bidder's responsibility to examine the location of the proposed work,to fully acquaint themselves with the specifications and the nature of the work to be done.The bidder shall have no claim against the City based upon ignorance of the nature and requirements of the project,misapprehension of site conditions,or misunderstanding of the specifications or contract provisions. 1.3 ACCEPTANCE OF CONDITIONS: By submitting a bid,each bidder expressly agrees to and accept the following condition: 1.3.1 All parts of the Instructions to Bidders and Specifications will become part of the Contract between the selected bidder and the City; 1.3.2 The City may require whatever evidence is deemed necessary relative to the bidder's financial stability and ability to complete this project; 1.3.3 The City reserves the right to request further information from the bidder,either in writing or orally, to establish any stated qualifications; 1.3.4 The City reserves the right to solely judge the bidder's representations,and to solely determine whether the bidder is qualified to undertake the project pursuant to the criteria set forth herein.The bidder, by submitting a bid,expressly acknowledges and agrees that the judgment of the City as to whether or not the bidder is qualified to perform the project, shall be final, binding and conclusive; 1.3.5 The City reserves the right to reject all bids,waive any irregularity in any of the bids, or cancel or delay the project at any time; 6 1.3.6 This bidding process does not commit the City to award any contract,and the City is not liable for any cost incurred by the bidder in the preparation and submission of a bid. 1.4 TRUTH AND ACCURACY OF REPRESENTATION: False, incomplete or unresponsive statements in connection with the bid may be sufficient cause for rejection of a bidder. 1.5 CITY CHANGES TO THE BID DOCUMENTS: The City reserves the right to change any part of these Instructions to Bidders and Specifications any time prior to the bid opening.Any changes shall be in the form of addenda and will become a part of the bid documents and of the contract.Addenda shall be made available to each bidder. Bidders must return a signed acknowledgement to receipt for each addendum with their bid.The receipt acknowledgment of all addenda will cause the bid to be deemed incomplete and nonresponsive.If the City determines that a time extension is required for the bid,the addenda will give the new submission date. 1.6 NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENTS: All bids accepted by the City shall become the exclusive property of the City. Upon opening, all bids accepted by the City shall become a matter of public records and shall be regarded as public,with the exception of those elements of each bid which are identified by the bidder as business or trade secrets any plainly marked as"trade secret," "confidential," or"proprietary." 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 statements(i.e., regarding entire pages, documents,or other non-specific designations)shall not be sufficient and shall not bind the City in anyway whatsoever. If disclosure is required under the California Public Records Act or otherwise by law (despite the bidder's request for confidentiality),the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof. 1.7 AWARD OF BID AND DETERMINATION OF RESPONSIVENESS: Purchase Orders shall be awarded to the lowest responsive and responsible bidder(s)for each of the items listed on the unit price bid form. In determining whether a bidder is responsible, the following shall be considered. 1.7.1 The quality of the material or service offered; 7 1.7.2 The ability, capacity and skill of the bidder to perform the contract or provide the material or services; 1.7.3 Whether the bidder can perform the contract or provide the service promptly,or within the time specified,without delay or interference; 1.7.4 The sufficiency of the bidder's financial resources and the effect thereof on his ability to perform the contract or provide the material or services; 1.7.5 The character,integrity, reputation,judgment,experience and efficiency of the bidder; 1.7.6 The quality and timeliness of the bidder's performance, if any, on previous orders or contracts for the City; 1.7.7 Litigation by the bidder on previous orders or contracts with the City; 1.7.8 The ability of the bidder to provide future maintenance and service where such maintenance and service is essential; 1.8 ERROR AND OMISSIONS: Bidders shall not be allowed to take advantage of any errors or omissions in the Instructions to Bidders or Specifications. Full instructions will be given if such error or omission is discovered and timely called to the attention of the City. 1.9 PATENT FEES: PATENT,COPYRIGHT,TRADE SECRET AND TRADEMARK FEES: Each bidder shall include in the price bid any patent fees,royalties and charges on any patented article or process to be furnished or used in the prosecution of the Work. 1.10 TAXES: Price bid shall include all federal,state,local,and other taxes. 2.0 SPECIAL CITY REQUIREMENTS: There is a separate packet of forms as part of these specifications that a bidder must complete to establish compliance with a number of special City of Vernon requirements,including,but not limited to, Equal Employment in Contracting,an Affidavit of Non Collusion and a Vendor List Questionnaire Form.These forms and their instructions should be considered an integral part of the specifications and failure to complete them shall be grounds, in the sole discretion of the City,for rejections of any bidder. 8 2.1 LIVING WAGE ORDINANCE AND PREVAILING WAGE WHERE APPLICABLE: Contractor,or subcontractor, if any,working on City service contracts of any amount, as to all employees spending time on City contracts shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City contracts. The Current Living Wage Standards are set forth in Exhibit"A". Upon request,certified payroll shall be provided to the City. 2.2 EQUAL EMPLOYMENT OPPORTUNITY IN CONTRACTING: Contractor certifies and represents that during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex,age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit"B". 2.3 VENDOR LIST QUESTIONNAIRE: Each bidder must submit a completed Vendor List Questionnaire included in Attachment No.4, unless bidder has submitted an approved form on file with the City 2.4 AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR: The City requires that each bidder executes and submits to the City with the Bid,the Affidavit of Non- Collusion included in Attachment No. 3. 2.5 LOCAL PREFERENCES: The City of Vernon is committed to promoting the economic health and well-being of its residents.To this end,contractor agrees to recruit Vernon residents initially and to give them preference, if all other factors are equal,for any new positions that result from the performance of this contract and which are performed within the City. 3.0 GENERAL SPECIFICATIONS: 3.1 BID ORDER QUANTITITIES: The quantities contained in the bid documents are approximate only and are for the sole purpose of comparing bids.The City may, in accordance with the specifications,order Circuit Breakers as needed at the City's sole discretion. Payment will be made for the quantities actually provided as determined by the City and accepted at the unit price noted in the bid.The bid will be awarded to the responsive and responsible bidder(s) . 3.2 EVALUATION OF BID: The City of Vernon reserves the right to reject any or all bids or any part thereof, and to waive any minor technicalities from the specifications.The contract award will be made from among responsive and responsible bidders meeting the scope specification requirements set forth in Part II "Detailed Technical Requirement". The Contract will be awarded to one bidder per item listed on the Unit Price Bid Form. To be considered responsive on a particular Circuit Breaker bidders must bid in the location indicated in the detailed Unit Bid Price Form listed under"Bid Unit Price". if a bid is marked "0", "NO BID",or is left blank, then it will be considered to not have been bid. 3.3 AWARD OF CONTRACT: Evaluation of the bid will be based on the competitive bidding process.A contract will be awarded to the lowest responsive and responsible bidder for each "Item" listed on the Unit Price Bid Form. 3.4 DURATION OF CONTRACT: The initial term for any contract resulting from these Specifications shall be two(2)years from the date of execution by the City.The contract may be extended for a period of up to two additional one- year periods,with the approval of the City Administrator and without further City Council approval.Approximately 60 days before the end of any contract period the Contractor may request changes in the Bid Schedule,however,any proposed price increase shall not exceed the percentage of the then applicable Producers Price Index. (PPI)for the most recently available 12 month period. 3.5 SAMPLE PURCHASE CONTRACT: A sample of the purchase contract the successful bidder(s)will be required to enter into with the City contract included in Attachment No.5 and by this reference incorporated herein and made part of these specifications. 10 3.6 LICENSE AND PERMITS:Contractor shall obtain and pay for any required business license. For further information,contact Community Services Department at(323)583-8811, Monday-Thursday between 7am and 5:30pm. 3.7 SUBSTITUTION FOR PATENTED AND SPECIFIED ARTICLES: Wherever these Specifications specify any material or process by patent or proprietary name or by name of manufacturer, such specification is only for the purpose of describing the material or process desired and shall be deemed to be followed by the words and/or approved equivalent. Any bidder may offer in the proposal any material or process that is equivalent in every aspect to the material or process specified.This statement of alternate unit shall clearly describe the material or process for which the substitution of alternate and shall provide technical data establishing equivalency. 3.8 BID YOUR FULL EQUAL OR BETTER: Circuit Breakers furnished shall be new, complete, ready-for-use and of the latest model,shall not have been used in demonstration or the services and have all the usual equipment as shown by manufacturer's current specifications and catalogs unless otherwise specified. 3.9 EXCEPTIONS AND EXCLUSIONS: No exceptions and exclusions are permitted. Contractor shall discuss and resolve all questions with the project engineer prior to bid opening.Any attachment of exceptions,exclusions or clarifications to the Bid Proposal will be deemed non-responsive. 3.10 LIABLITY INSURANCE: Proof of insurance is not required to be submitted with your bid, but will be required prior to the City's award of the contract.A copy of the standard insurance is included in Attachment No.6. 3.11 ORDER AND DELIVERY: Orders for Circuit Breakers shall be made by telephone,fax,or e-mail. Delivery of materials shall be to the Gas& Electric Department warehouse located at 2800 Soto Ave,Vernon,CA 90058. 7:00 AM to 3:00 PM, Monday through Thursday. A delivery date of 12 weeks ARO or less is required. Failure to quote a delivery schedule within this period may disqualify the bid. All deliveries must be accompanied by a packing slip indicating those items actually delivered. 3.12 FOR DELIVERY: Supplier shall furnish MSDS and certified test reports and drawings, as listed in Section 11.1 Scope Specifications(Part II Detail Scope Specifications) one month before Circuit Breakers are shipped. 11 These Documents shall be submitted to: City of Vernon Department of Gas& Electric 4305 Santa Fe Avenue Vernon CA,90058 Phone: (323)583-8811 Ext. 316 Attention:All Nour—Electrical Engineering Manager 3.13 LS�14AVQM_fL IQ QMLBL Contractor agrees to treat the City as its rest favored din _rer•Contractor represents that all of the prices, anties, benefits, and other ir s being provided hereunder quivalent to or better than the terms being offers ,} notracto current customers.The City shall be entitled to any and all oth _ . � normally offered by the Contractor(and/or man a+-<-Turer through the woo Lrwctor)to its customers. Examples of suci r,rvices are technical training programs, rtification, inven-:. F, c re tification,access to video tape library, daily deliveries,w•rl - jis,. special orders, night deliveries, etc. 4.0 DOCUMENTATION 4.1 FOR BID EVALUATION: Bidders shall furnish the following in their bid package. 1. Circuit Breaker unit price, F.O.B. Gas& Electric Department warehouse located at 2800 Soto Ave,Vernon, CA 90058 2. Two sets of dimension and outline drawings. 3. Completed Unit Price Bid Form. 12 1 SPECIFICATION NO. CB7-2016-1 FOR Medium Voltage Vacuum Circuit Breakers 15.5kV, 1200Amp, 40,000AIC CITY OF VERNON DEPARTMENT OF GAS & ELECTRIC 13 I. Purpose This Specification defines a power circuit breaker to be designed and manufactured for installation and satisfactory operation outdoors under the conditions set forth below. The power circuit breaker furnished under these specifications shall be in accordance with all the requirements of applicable ANSI, ASTM, NEMA, and IEEE standards. The circuit breaker shall be outdoor,three pole,single throw,free standing,dead tank, vacuum circuit breaker with options as described herein. II, Technical Specification The Breaker shall meet the following ratings and electrical characteristics: A. ANSI and IEEE Standards: The circuit breakers shall meet all applicable ANSI, IEEE, and NEMA Standards. 1. ANSI/IEEE C37.06-AC High-Voltage Circuit Breakers Rated on a Symmetrical Current Basis—Preferred Ratings and Related Required Capabilities for Voltages Above 1000 V 2. ANSI/IEEE C37.09-Standard Test Procedure for AC High-Voftage Circuit Breakers Rated on a Symmetrical Current Basis 3. ANSI/IEEE C37.04-Standard Rating Structure for AC High-Voltage Circuit Breakers 4. ANSI/IEEE C37.11-Standard Requirements for Electrical Control for AC High- Voltage (>1D00 V)Circuit Breakers 5. ANSI/IEEE C57.13 - Requirements For Instrument Transformers. 6. ANSI Z55.1-Gray Finishes for Industrial Apparatus and Equipment 7. NEMA SG4-Alternating Current High Voltage Circuit Breakers. B. Breaker Type:outdoor,three pole,single throw,free standing,dead tank,vacuum circuit breaker C. Required maximum voltage: 15.5kV, RMS D. Insulation level: 1. Low Frequency(Dry, 1 minute): SOW, RMS 2. Impulse Crest(Full wave): 110kV, RMS E.Rated Continuous Current Rating: 1200 Amp F.Rated Short Circuit Current:40 kA, RMS G. Rated Interrupting Time: 3 cycles H. Rated Reclosing Time: 15 cycles 1. Rated Permissible Tripping Delay,Y:2 Seconds J.Frequency: 60Hz K. Maximum Rated Symmetrical Interrupting Current:40kA, RMS 14 L.3-Second Short Time Current Rating:40kA,RMS M. Close and Latch(peak):108 N. Duty Cycle:0—0.3 Seconds O. Closing Control Voltage: 90-14OVDC P. Tripping Control Voltage:70-14OVDC Q. Motor Voltage: 125VDC R. Heater Voltage: 120VAC S.Temperature Range: -30 degrees to+40 degrees Celsius T.Seismic Zone:Zone 4 as described by ANSI/IEEE 693-1934 U. Wind Load:Withstand a wind load of 90mph imposed upon the structure supporting the terminal connection per ANSI C37.04 Section 6.2. V. Altitude: Rated For altitudes up to 3300 ft.above sea level per ANSI C37.04 Section 4.2.2. W. Finishing:The enclosure shall be painted ANSI#70 fight gray with a TGIC polyster powder coat protective paint finish.Total paint thickness on exterior surfaces shall be 3.0 mils. Production samples shall have passed 5,000 hours minimum of salt spray testing perASTM B-117 and ASTM D-1654 Procedure'A'with a rating of 6 or higher. Ill. Components A. Interrupter 1. The vacuum interrupters shall be hermetically sealed in high vacuum, protecting contacts from moisture and contaminated atmosphere. 2. The interrupters shall be maintenance free. 3. Circuit Breaker shall have readily accessible provisions for measuring the contact wear for each pole B. Operating Mechanism 1. The mechanism shall be spring-charged stored-energy with electrical charging motor, 2. The mechanism and control circuits shall be located in the low voltage compartment. The mechanism shall not be mounted in a separate housing. 3. The mechanism shall be designed with an integral, manual charging handle. Charging handle shall not be removable. 4. The mechanism shall be mechanically and electrically trip free and non-pumping for both manual and automatic operations. 5. The following shall be clearly visible on the mechanism when the outer door is closed: a. A non-resettable, mechanical 5-digit operation counter which increases on 15 each trip operation b. A mechanical indicator to indicate the open and closed positions of the circuit breaker. c. A mechanical indicator to indicate the status of the closing springs. d. Open and close push-buttons for operating the breaker. & The standard design shall have a 12 contact auxiliary switch,of which (5 with DC control)(6 with AC control)are used for internal breaker wiring. a. Auxiliary contact shall berated for 15A continuously or 250A(VDC)for 3 seconds. 7. The mechanism shall be designed with a latch-check switch as standard. 8. Mechanism shall be equipped with a dual-trip coil. C. Bushings 1. Six(6)roof bushings with lugs shall be provided. The material shall be porcelain and ANSI#70 light gray in color. 2. Bushing terminals shall be threaded stud type and capable of accepting 4-hole NEMA connectors. 3. Bushings shall have a minimum rating of 15kV, 110kV BII. Minimum bushing creepage distance shall be 24.5". 4. Each of the six(6) bushings shall be equipped with a 5-tap,multi-ratio current transformers. Three(3)of the bushings with a rating of 3000:5,C400 class and three(3)of the bushings with a rating of 1200:5,C400 Class.All secondary leads shall be terminated on short-circuit type terminal blocks in the low voltage compartment and can be accessible at all times with the breaker energized. D. Controls 1. Control wire shall be#14 AWG Type SIS for general control and#12 AWG Type SIS for CT circuits. Wire color shall be gray. 2. Terminal blocks for control circuits and user's external connections shall be provided with terminal marking strips labeled in accordance with the wire diagrams. 3. When required, short circuit terminal blocks shall be provided with shorting screws and common shorting bar for each individual current transformer. 4. Control circuit shall be provided with fused switches or low voltage circuit breakers for disconnecting external low voltage supply circuits. 5. An anti-pump relay shall be provided to inhibit multiple close-open operations in the event that a continuous close signal is applied. 6. One pistol grip control switch, Electroswitch Series 24,engraved TRIP-CLOSE shall be supplied. 7. Red and green indicating lamps for closed or open status of the breaker shall be supplied. 8. Space heaters, rated 120VAC,shall be supplied to prevent moisture condensation in the breaker enclosure. Heaters shall be thermostatically 16 controlled and located in the low voltage compartment. The heater control circuit shall be provided with fused switches or low voltage circuit breakers for disconnecting external low voltage supply circuit. 9. An emergency manual trip,ANSI Device Number 69, shall be provided and shall be readily accessible on the exterior mechanism side of the breaker. It shall be labeled "MANUAL TRIP OPEN" and the actuating handle shall be painted red. The device shal I be operable from the exterior of the breaker without the necessity of opening any doors, panels,etc. Actuation of the device will block any electrical closing of the breaker until the switch has been manually reset. IV- Fabrication: A. Mechanical Construction 1. The enclosure shall be weatherproof and designed in a modular construction isolating line potential components from secondary control devices. 2. The high voltage compartment shall house the vacuum interrupter assemblies supported on standoff insulators. 3. The enclosure shall be provided with lifting eyes for lifting the entire unit during loading and unloading. 4. The breaker shall be shipped completely assembled. Breakers shall not be shipped with legs unattached. 5. Ground pads, 2"x 3.5"with provisions for NEMA 2-hole connectors, shall be welded on each side of the enclosure for external ground connections. #4 cables from the roof and HV& LV compartments shall be connected internally to the ground pads to insure a solidly grounded enclosure,with negligible difference in ground potential between compartments. Enclosure grounding shall not depend on bolted connections or"star washers". 6. The breaker legs shall be painted and have an adjustable height range of 24" in 3" increments. Total height of breaker shall vary from 101.88" minimum to 125.88" maximum. 7. Leg assemblies shall have a galvanized base channel. 8. Outer doors shall have padlockable handles for preventing access to all controls in the enclosure. Doors are to be gasketless and vertically hinged. Provisions for holding all doors in the open position 180 degrees shall also be provided. It shall be documented that the breaker passed rain testing per ANSI C37.20.2, Section 5.2.9 9. The low voltage cabinet bottom shall have an 8" x 14" removable cover for entrance of users control conduit. Conduit entry location to be clearly marked on detail drawings. 10. All external hardware shall be stainless steel. V. General A. Manufacturer shall provide a list and option pricing For recommended spare parts. B. Three sets of all drawings shall be submitted for approval before manufacture. 17 C. Five copies of all drawings, instruction books, etc. for the installations and maintenance of the breakers shall be supplied,preferably before the time of shipment. D. One copy of all information and instruction books shall be included in each breaker. E. Three electronic copies of certified ratings,test plans,test results,and all other engineering data including weights,dimensions,and description shall be included. F. CAD drawings including Construction Layout, Schematics,and Control Wiring,etc. shall be supplied in digital format. (AutoCAD 2013 or newer). G. Delivery of the circuit breakers will be accepted only on a prearranged basis between the hours of 8:30 am and 2:00 pm Monday through Thursday,excluding holidays. H. The manufacturer or driver shall confirm the planned delivery date and time not less than 48 hours prior to the planned delivery time. Notices must be provided during normal business day hours. I. Freight that is obviously damaged on arrival will be refused. Any necessary action regarding replacement of materials or equipment delivered in unacceptable condition shall be the responsibility of the supplier. This includes freight damage as well as items defective from the manufacturer. J. Freight charges shall be included in the price of the breaker. Invoices for separate freight charges will not be accepted. The delivery of the breakers will be staggered.The delivery shall occur 4 at a time over a 2 year period. Bidders must list all exceptions to these specifications in letter-form accompanying the proposal with sufficient detail to permit evaluation of such deviations. Is SIGNATURE PAGE AND LEGAL STATUS The undersigned certifies that he/she is an official legally authorized to bind his/her Firm and to enter into a contract should the City accept this bid. Bid by Schneider Electric USA,Inc (Name of Fi(m) Legal status of bidder: Please check the appropriate box X Corporation/LLC State of Incorporation DWaware Partnership List Members(attach additional sheets if necessary) DBA State full name _ _ DBA Other Explain t Signature of Bidden }^,fi '. , Title Sr_Bid and Proposal Specialist ,Authorize- `Signature) Address 295 Tech Part Drive_Ste. 100 City Lavergne State TN Zip 37086 Telephone No.(615 )>87-3585 Signed this 22 day of February 2016 ADDENDUM NO. BIDDER'S INITIALS 1• _None Reretved 2. 3. - -� 19 ATTACHMENTS BIDDER'S CHECKLIST The following list is provided to assist bidders to eliminate errors and omissions which may render your bid unacceptable. DOCUMENTS TO INCLUDE: Bid packages must include the following completed documents: o Signature Page and Legal Status o Unit Price Bid Form (complete the column entitled 'Bid Unit Price"—if you do not wish to bid on a particular item, write "NO BID") o Affidavit of Non-Collusion by Contractor Form o City of Vernon Vendor List Questionnaire Form HOW TO SUBMIT THE BIDS: ✓ Bids must be signed and submitted in TRIPLICATE. Bidder must submit bids in an ORIGINAL AND TWO COPIES. ✓ All bids shall be enclosed in sealed envelopes, distinctly marked"Bid"with the title of the bid and the bidder's name address appearing on the outside. ✓ Bids should be addressed to: City Clerk 4305 Santa Fe Avenue Vernon, CA 90058 TIMING TO SUBMIT AND OPEN BIDS The City Clerk must have received the bids by 2:00 p.m., on the day listed in the Notice Inviting Bids. The City strongly recommends that bidders either hand deliver or mail well before that time and date to ensure that it is timely received. At the time of the bid package opening, the City Clerk will open the bid packages and acknowledge the receipt of Unit Price Bid Form from Manufacturer/Supplier. Once all bid packages are opened, and the bids announced, the Unit Price Bid Forms will be made available for public review. UNIT PRICE BID FORM Item Maximum Continuous Snort Circuit Number of i Unit Price Bid $ Voltage Current Rating Current Rating units (kV) (Amps) (kA) expected to be ordered 1 by city 1 15 5kV 1,200 I 40 20 15.493.00 Ea(Tax TBD) -F 2 15.5 KV 1,200 40 Spare parts for one Circuit 1 4,047.00(Tax TBD) See fist on attached quote i Breaker 1 List Recommended Spare Parts: 4601166450-BUSHING 110/125KV BIL 1200A REPL KIT FVR 4601165951 -MOTOR CHARGING 120VAC/125VDC REPL KIT FVR 4601193750-FVR RI MECHANISM 4601167352-COIL TRIP 125VDC REPL KIT FVR 4601167251 -COIL CLOSE 125/250VDC/240VAC REPL KIT FVR 4601166150-INTERRUPTERVAC I IOKVBIL 40KA 1.2/2KA FVR 4601167650-SWITCH AUXILIARY SINGLE REPL KIT FVR 4601167151 -RELAY ANTI-PUMP 125VDC REPL KIT FVR 22 AFFIDAVIT OF NON-COLLUSION 23 AFFIDAVIT OF NON-COLLUSION BY CONTItACTOR STATE OF CALJFORAVA }SS COUNTY OF LOS ANGELS} Charlotte Jones being first duly sworn deposes and says that he/she is Sr.Bid and Prog-1 S_pecialiq (Iroci"Sole owsr',"Prntr,"N�d�`.'Smerq".a Odra PraPp'�) Of Schneider Flectric USA.lac_ (tmert nzne of bidder) who submits herewith to the City or Vernon a proposal; That all statements of fact in such proposal am true; That such proposal was not made in the interest of or on behalf of any undisclosed person, Partnership,company,association,organization or corporation; 'I1rat such proposal is genuine and not collusive or sham; That said bidder has not,directly or indirectly by agreement,communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vernon,or of any other bidder or anyone else interested in the proposed contract;and further That prior to the public opening and heading of proposals,said bidder: a. Did not directly or indirectly,induce or solicit anyone else to submit a false or share proposal; b. Did not directly or indirectly,collude,conspire,connive or agree with anyone else that said bidder or anyone else would submit a false or sham proposal,or that anyone should refrain from bidding or withdraw his proposal; Did not, in any manner,directly or indirectly seek by agreement,communication or conference with anyone to raise or fix the proposal price of said bidder or of anyone else,or to raise of fix any overhead profit or cost element of this proposal price,or of that of anyone else; d. Did not,directly or indirectly,submit his proposal price or any breakdown thereof,or the contents thereof,or divulge information or data relative thereto,to nay corporation,partnership,company, association,organization,bid depository,or to any member or agent thereof,or to any individual or grorep of individuals,except the City of Vernon,or to any person or persons who have a partnership or other financial interest with biddee•in his business. f I certify AiAX: Penalty f p�tur> that the above information is correct By: { - l c' Tide: Sr.Bid and P[orosal Specialist r Date-1`ebrui n 'Z.?r)16 CITY OF VERNON 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 Vendor list Questionnaire Affidavit of Equal Opportunity&Non Segregation In order to be placed to the City's vendor list and be eligible to receive City business,you must provide the following information. 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 Schneider Electric USA, Inc_ Business Telephone 615-287-3585 Address Boston Campus One,800 Federal Street Fax Number City Andover State MA Zip 0810 Contact Person E-mail Address Tax ID Number(or Social Security Number) 36-2440683 Remit Address(if different) JP Morgan Chase Bank, 1318 Dearbom.6th FI Chicago IL 60603-0001 Please state clearly and concisely the type(s)of goods and services your company provides: Electrical Distribution Equipment 24 PURCHASE CONTRACT 25 City of Vernon Purchase Contract City of Vernon Contract Date Amendment Page Finance Department Buyer.- Purchasing Division 4305 Sang Fe Avenue Vernon,CA 90058 Ship To: Phone 4:(323)583-8811 Fax 11:(323)926-1491 Internet Address:www.city&emon.orW Vendor Name Bill To: Start Date Conviction Date Amendment Amount Contract Total qj TPR i L 27R-,� Important Notice to Vendors: Contractor represents that it has a City approved Equal Employment Opportunity and Non-segregation Affidavit, The attached Terms and Conditions of Purchase Order/Contract shall be part of this Purchase Order/Contract Vendors performing services must indicate acceptance of City Terms and Conditions and return a copy of this acknowledgement to the City prior to performance. Failure to do so will void this Purchase Order/Contract. Serrlcm i'endor S*awture Print or Type Name Vale All shipnrenm shipping papers,invoices and correspondence must be identified with our Purchase Order/Contract Number. Failure to do so may delay payment processing. Attsuhntra%/ApimuIk-es are a part od this Purchase 1 Lichr.rtmed City Signature OrderXoatract t EXHIBIT 7 812014 CITY OF VERNON 'TERMS,AND CONDMONS OF PURCHASE ORDER/CONTRACT This is a government contract. The terms air not changed by any words added by Contractor,nor superseded because of any form used by Contractor in the course of business. Any change in terms must he ngr�vod to by an authorised representative of the City, in writing. Acceptance by the City of goods,materials or services is not an acceptance of Contractor's other terms. I. Contractor agrees to furnish the materials or services described in the Purchase Order/Contract to which this is attached and subject to all terms and conditions of the Purchase Order/Contract,this Attachment to the Purchase Order/Contract and all other attachments hereto. 2. Contractor agrees to submit all invoices in duplicate to the address indicated on the Purchase Order/Contract, 3. Contractor agrees to invoice at net prices without federal excise tax or federal fuel tax. 4. Contractor agrees to show on all invoices the name of the department to which goods or services were furnished,and whether the invoice covers complete or partial delivery or performance, the Purchase Order/Contract number and any applicable cash discount. 5. Contractor agrees to prepay transportation charges and show them separately on all invoices. 6. Contractor agrees to show applicable sales or use tax as separate items on all invoices. 7. Title to all materials furnished under the Purchase Order/Contract shall pass to the City upon delivery and loading of merchandise at the F.O.B.point designated in the Purchase Ordcr/Contract. B. Any item ordered on the face hereof that is Iisted in the Safety Orders of the California Division of Industrial Safety shall fully comply with the latest revised requirements of said Safety Orders. 9. All goods, materials and equipment ordered shall,except as otherwise noted in this contract,be delivered in a new and unused condition. 10, All automotive equipment delivered to the City shall meet all requirements of the latest revision of the California Vehicle Code and of the Federal Department of Transportation. I1_ The Contractor slWI transfer to the City the rnanufacrurers warrany in guarantee for each item furnished unris;r this contract- Where applicable, tim City shall be named as owner-beneficiary in any siu h warranty or guarantee. The Contractor shall ensure that each warranty or guarantee is in furl force and etfcct from the date the City comrnereces operation and use of the item. All such manufacturers'wacrrantiees or guaranux; shall be in addition to the Coatractor`s warranty under this c(xKract In addition tho Contractor shall Warrant that all itcrws provided unrdei this contract are free from defects in materials and.workmanship, The City will notify Contractor of any patent defect. Such notice wilt be given in writing, if passible, or by the means most pracrical under the cireitmstanres. It the Cuniracurr fails to correct the detect or other nort-confomtit) within M days after receiving such notice,or more timely in case of a wrgency demanding immediate action,then the City may make the necessary replacements or repairs and charge t{u:-Contractor the totat cast of all labor, materials,equipment and adminisiraSion. The City may withhold fro er Contractor an amount fur these costs; if the amount withheld is not xutfitiient, the City may recover any balance from the Contractor. 12. Prior to the issuamv of the Purc#iause Order/Contract,Contractor may be required to provide to City evidence of insurance. Failure to maintain the rrxluirrtl am utits and types of coverage throughout the duration of services supplied shall constitute a material breach of this contract and shall entitic the Ciry to terminate this contract t3. Contractor agrees to indemnify, hold harmleats, and defend (evert if the allegations are false, fraudulent or groundless),to the maximum extent permitted by Caw,the City,its City Councd and each member thereof,and Cts of°Pfcers,employees, commission members and representatives, from any and all "ability, loss,suits,claims, damages,costs,judgments and expenses lincluding uttorney'S fees and eons of litigation)which in whale or in part Are claimed to result from or to arise out of the usage nr operation.including the rnalfunctinning of, or, any injury caused by, any product purchased herein; or any acts, errors or otnivesions (including, without limitation. professional mugencel of Contractor. its eimployees, ►epresientatives, sul�stracto or agents in connection with the performance of this contract. This agt�tnent to Indemnify incluft but Is not limited to, personal injury (including death at any time) and damagge to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademat+rk Wringement) sv ttairied by any person or persons(including,but not limited to,companies,or corporations,Contractor and its employees or agents,and mentber-,of the general public). 14. Contractor shall not perform work on City owned property and shall not commence work or cause materials to be delivered to the job site,until so authorized in writing by the Head of the Department(or designee)for whom the work was ordered. 15. Contractriv certifies and represents that, during, the performance of this contract, the Contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees arc ircatcd equally and are not discriminatcd aggainst because of their race, relt•icon, color, national origin, am estry, drsabilrty, sex, age, medics,condition or marital status. Conirwtor further agrcaes that it wtifl not maintain any sc-gregaled Ncilium 16. Contractor shall obtain a City Business License under the terms and conditions of Vernon City Code,Sections 5.20,and following, where required. EXHIBIT 7 812014 17. Contractor hereby represents,warrants and certifies that no officer or employee of the Contractor is a director,officer or employee of the City of Vernon.or a member of any boards,commission or committees,except to the extent permitted by law. 18. The City, or its authorized auditors or reprewnwtives, shall have access to and the rignnt to audit and reproduce any of the Contractors rc4;otds to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying tfte amounts to which Contractor is Properly entitled it)uniler the t oninu:t fir fix oibet�rurpows relating to the contract. The Contractor shall maintain and preserve all such records for a period of at least 3 years alter the termination of the contract, The Vendor shall maintain all such records in the City of Vernon, if not, the Contractor shall, upon request, promptly deliver the records to the Cit of Vernon or reitmbunc the City for all reasonable and extra costs incurred in conducting the audit at a location other than the 8ity of Vernon,including,but not limited to,such uk1iti4)nul tout of the City)expenses for personnel,salaries,private auditors,travel,lodging,meal atnd overhead. 0- It is uudeniAmxl that in the perftninaiwc of any st.rvitxs herein provided, for Contractor shull be, and is, and inKlependcrit contractor, and is not an agent or employee of City and shall furnish such services in its own manner rated mcthad, except as required by this contract. Further,Contractor has and shall retain the right to exercise frill control over the employmaxet,direction, compensation and discharge of all persons e7t�loyed by Contracwr in the performance of the services hereunder Contractor shall Lv solely responsibic for, and shall indemnify, defend acid save City ;x—r-rile:.ss from all matters relating to the pays-Mv of its employee.%, including compliance with sex itel security, withholding and all other wages, salaries,benefits, taxes.exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors,agents or employees are ot n entitled to and of the benefits or rights afforded employees of City, inc4luding,but not limited to,sick le-tve,vacation leave, holiday pay,Public Employms Retirement System benefifits.or healthlife,dental,long-term&-mbihty of Workers'Compensation insurance benefits. 20. In case of conflict between the terms of this contract and the terms of any other document which is a pan of this transaction,the terms of this Purchase Order/Contract shall strictly prevail. 21. Contractor shall not assign or transfer this contract or any rights hereunder with out the prior written consent of the City which may be withheld in the City's sole dist.Tetion. Any unauthoriz&J assignment of transfer shall be null and void and shall constitute a ma;erikl brewh of Con[lswtor of its obligations under this contrast. 22. Time is strictly of the essence of this contract and each and every covenant.term and provision hereof. 23. The Ciry's waiver of any term,condition,breach or default of this contract shall not be considered to be a waiver of any other term,condition,default of breach,not of a subsequent breach of the one waived. 24. The provisions of Vernon's Living Wage Ordinancc Vernon City Code,Sections 2.131,and following,requires that contractors providing labor or services to the City pay employees in accordance with the Ordinance. 25. The City reserves the right to cancel any portion of this Purchase Order at any time prior to the delivery of Goods and Services. 26. This Purchase Order/Contract shall be governed and construed a xording to the laws of the State of California. 27, This Purchase Order/Contract,including any Exhibits attached hereto,constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations,representations,understandings, correspondcnce,documentation and agreements(written or oral). 28. Additional terms(All additional terms and conditions must be approved as to form by the City Attorney in writing). EXHIBIT 7 812014 LIABILITY INSURANCE REQUIREMENTS 26 CITY OF VERNON GAS AND ELECTRIC INSURANCE SCHEDULE(Vendor) The Contractor shall provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage(combined single limit permitted) Coverage and Limas Bodily_Injury Property Damage Hazards Each Person Each Accident Each Accident Automobile Liability Owned Automobile S500,000 $1,000,000 _ $500,000 Hired Automobile _ 3500,000 $1,000,000 _ $5_00,000 Non-Owned Automobile 1500,000 1_ $1,000,000 $500,000 Workers Compensation $Statutory Employers Liability $ 1,000,000 per employer General Liability Premises Operations $1,000.000 $2,000,000 $1,000,000 _Elevators(If Applicable) $1.000.000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000.000 - $1,000,000 Products-Completed $1,000,000 $2,000.000 $1,000,000 Operations ontract Lia ilty l- — $2,000,000 - $1,000,000 _Umbrella Liability $4,W,00DJ $1,000.0-IT-1 $1,000,000 -� The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard Certificate of insurance, An endorsement naming City,its officers,and employees as insureds under the policy. Aie- dotseirmemtpeavid4V city of Gnagitatiar+a naalcfic;ands oblan acove;aga An en do.{?1Ttcnt pfovoing covLsfag -fai-iilf-opei atrvi$'knocr City "nut and 5pe�ypnq t 6ebytilies-covered. Such other endorsements as may be required by addendum hereto. In addition to the standard certificate of insurance,proof of general and umbrella liability coverage shall be furnished in the form checked below, Certification of the following proofs by the insurance agent or broker will not be accepted o 1.0rill was below this page' ?oL wili send bur t)i and our re(,uErcrllentS and exec ptions(or nslnance wili t rr,mctuded on uie ezLeptrcns page For the terms antl conditions �El4hlf)y-a-�flEttr9tlpf -9i��1'9dt"tt9t-LC9gCSrtGStf►tErrl�'tttat-�ta'-� -stw1d and 007t11Ii A-li JAI" are t"artd ersr *M Oat the signal8ir is afi- -te-8e�. A;-tie fry of.VWMM4d@VMF'iier or w rr:oc wo nomozod i 1 i Exhibit A LIVING WAGE STANDARDS Minimum Living Wages: .Article XVIII of Chapter 2 of Vernon's Municipal Code(Section 2.131 et seq.)requires employers to pay a wage of no less than"ten dollars and thirty cents($10.30)per hour with health benefits,or if health benefits are not provided,then eleven dollars and fifty-five cents(511.55)per hour." Paid and Unpaid Days Off: Empioyers must provide qualifying employees at least twelve(12)compensated days off per year for sick leave,vacation,or personal necessity. Employers shall also permit employees to take an additional ten(10)days a year of uncompensated time for sick leave for the illness of the employee or a member of his or her immediate family where the employee has exhausted his or her compensated days off for that year. Retaliation Prohibited: No employer may discriminate against any employee for complaining to the City regarding the employer's compliance or anticipated compliance with the City's Living Wage Ordinance,for demanding compliance with the Living Wage Ordinance,or for otherwise asserting rights under the Living Wage Ordinance. Enforcement: Employees may bring an action in Superior Court against an employer for back pay,treble damages for willful violations,and attorney's fees,or to compel City officials to terminate the service contract of violating employers. 27 Exhibit B EQUAL EMPLOYMENT OPPORTUNITY PRACTICES 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, religion,color, national origin,ancestry, disability, sex, age, marital status,medical condition,sexual orientation or any other protected class status. Contractor further certifies that it will not maintain any segregated facilities. 13. Contractor agrees that it shall, in all solicitations or advertisement 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 race, religion,color, national origin,ancestry, disability,sex,age, marital status,medical condition,or sexual orientation or any other protected class status. 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 Contractors records pertaining to the practices subject to this policy,even if the material may be otherwise confidential or privileged except as prohibited by law. E, Nothing contained in this Agreement shall be constructed in any manner as to require or permit any act which is prohibited by law. 28 .ter. Schneider ` VElectric February 22, 2016 City of Vernon Specification No. CB7-2016-1 Fumish and Deliver Medium Voltage Vacuum circuit breakers 15.5kV, 1200Amp, 40,000 AIC for the Department of Gas & Electric Schneider Electric Quote # 37804430 Per our understanding of your request and associated correspondence, Schneider Electric USA is pleased to provide the following proposal for your consideration. This quotation is valid for ninety (90) days. Orders received after this period may be subject to price adjustment by Schneider Electric USA, Inc. Item 1: Quantity Twenty(20) Designation: 15KV 1200A 40KA BREAKER FVR1121140A Station Circuit Breaker>1000 Volts Square D Company Type FVR1121140A Outdoor, NEMA 3R, Three Pole, Single Throw, Free Standing Dead Tank,Vacuum Circuit Breaker ANSI 70-Very Light Gray Paint Stainless Steel Roof Std. @ 2000A and Above Identical to FO: Installation Location: Califomia ---------------------------------------- General Equipment Ratings Continuous Currents 1200 Amps Impulse Withstand Voltage: 110kV BIL Max Short Circuit Current:40 kA(RMS) Maximum Voltage: 15.5kV Control Voltage Ratings Spring Charge Motor 125 VDC Close Coil: 125 VDC Trip Coil /Relay: 125 VDC 2nd Trip Coil: 125 VDC Auxiliary: 120 VAC Schneider Electric Tech Park Drve,Suite 100 La Schneider Lavergne,TN 37086 Tel 615-287-3585 3 F ww //��jE)a t:t r l cw us.schnePder-e1W"c.wm L/ Detailed Bill of Material 1 - Bushing 1,3,5 Set X CTs, 3000/5 C400 TRF 1.33 1 - Bushing 2,4,6 Set X CTs, 1200/5 C400 TRF 1.33 1 - Dual Aux. Sw. 24 Contacts 1 -69 Device 1 - Latch check switch 2-Square D- Incandescent Indicating Lights Drawing Requirements 1 -Approval Drawings- DXF by Email 3-Sets of Approval Drawings-Paper 1 - Record Drawings-DXF by Email 3-Sets of Record Drawings - Paper 1 -As-Built Drawings-DXF by Email 3-Sets of As-Built Drawings-Paper Net Price Each $15,493.00 Total for Twenty(20) $309,860.00 If No Approval Drawings are required: Standard shipment is 14 weeks after receipt of order(ARO)with immediate release to Manufacturing. If Approval Drawings are required: Shipment is approximately 17 weeks after receipt of order(ARO) contingent on the following turnaround. Approval drawing will be sent in approximately 3 -4 weeks ARID. Customer reviews and approves drawing in one (1)week. Manufacturing of breaker/s is 12 weeks after approved drawings received back at plant. Also, a customer delay in return of approved drawings may cause the overall lead time to be extended for actual shipment of the breaker/s. Spare Parts Rem Unit Extended No. city. Catalog Number 1 Details Price Price 002 1 4601166450 585.00 585.00 BUSHING 110/125KV BIL 1200A REPL KIT FVR 003 1 4601165951 550.00 550.00 MOTOR CHARGING 120VAC/125VOC REPL KIT FVR 004 1 4601193750 535.00 535.00 FVR RI MECHANISM 2 005 1 4601167352 192.00 192.00 COIL TRIP 125VDC REPL KIT FVR 006 1 4601167251 192.00 192.00 COIL CLOSE 125r250VDC/240VAC REPL KIT FVR 007 1 4601166150 1.750.00 1,750.00 INTERRUPTERVAC 110KVBIL 40KA 1.22KA FVR 008 1 4601167650 175.00 175.00 SWITCH AUXILIARY SINGLE REPL KIT FVR 009 1 4601167151 680 68.00 RELAY ANTI-PUMP 125VDC REPL KIT FVR Clarifications/Exceptions The bill of material is based on our best interpretation of the information provided with the request for quotation. The quotation supplied for this project may not meet the local codelordinance requirement unless specifically identified in the customer documentation supplied for review. The bill of material should be reviewed to ensure that the equipment quoted meets the project requirements. The following clarifications are provided to emphasize issues not specifically stated in the bill of material. • All equipment provided with dimensions as shown on Square D generated drawings and Bill-of-Materials. • AC/DC control power by others. • Anchor bolts by others. • Spare parts are not included in the price of the breaker. • The spare parts list provided is based off of the current equipment design. Any changes or revisions made to the equipment may alter the suggested spare parts list. Specific spare part numbers will be available when factory provided electrical equipment drawings are approved by the customer and released to manufacturing. • Startup and field testing by a Schneider Electric Field Service Representative is not included in the price of the breaker. • Training is not included in the price of the breakers. • There are no special tools required for the installation or maintenance of the breaker. Proposal Acceptance This proposal is valid for a period of ninety(90) days from date of issue. Should this proposal be accepted, please issue Purchase Order to- 3 Schneider Electric USA, Inc 295 Tech Park Drive, Suite 100 iLaVergne, TN 37086 USUtility0rders@schneider-electdc.com Attn: US Utility Orders Reference: 37804430 Terms and Conditions Any orders based on this quotation are subject to Schneider Electric USA, Inc Conditions of Sale dated, April 2015. All other terms and conditions will require review prior to order acceptance. Terms of Payment: Net 30 Days from date of invoice. Terms of Delivery: FOB Destination Warranty: Sixty (60) Months from date of Invoice Taxes: Federal, State and Local taxes are not included Thank you for the opportunity to provide this proposal for our products. We look forward to the possibility of working with you in the near future. If you have any questions regarding this proposal, please contact us at USUtilityQuotes@schneider-electric.com. Sincerely, G' tte rf xis Charlotte Jones Senior Bid and Proposal Specialist Attachments:Outline Drawing Instruction Manual Intellectual Property Notice All proposals, reports, drawings, specifications, data, information, or other material, and Intellectual Property contained therein, whether accompanying this notice, or separately supplied in furtherance of this proposal, are the property of Schneider Electric,are disclosed by Schneider Electric in confidence,and, except as Schneider Electric may otherwise permit in writing,are to be used,disclosed,or copied only to the extent necessary for the evaluation thereof by recipient, or by the end user customer, or higher der contactor, or subcontractor, between said customer and recipient, in furtherance of the purposes for which this proposal is made by Schneider Electric.The foregoing shall not apply to any of such material to the extent the contents(i)are now,or subsequently become,available to the public without payment,(ii) were previously known to recipient,or(iii)subsequently become otherwise known to the recipient without restriction.All such material, together with all copies thereof,is to be returned to Schneider Electric when it has served its purpose,or shall to otherwise disposed of as directed by Schneider Electric. www.schneider-electdc.com/us 4 Y Schneider ' Electric February 29, 2016 City of Vernon Specification No. C137-2016-1 Furnish and Deliver Medium Voltage Vacuum circuit breakers 15.5kV, 1200Amp, 40,000 AIC for the Department of Gas & Electric Schneider Electric Quote# 37804430 - Price Addendum Please see the price addendum below which includes estimated tax at 9%. This document does not alter or nullify the previously submitted quote documents, but rather provides clarification on the tax amounts to be charged at time of invoice. Item 1: Quantity Twenty (20) Designation: 15KV 1200A 40KA BREAKER FVR1121140A Station Circuit Breaker> 1000 Volts Square D Company Type FVRI121140A Outdoor, NEMA 3R, Three Pole, Single Throw, Free Standing Dead Tank, Vacuum Circuit Breaker ANSI 70-Very Light Gray Paint Stainless Steel Roof Std. @ 2000A and Above Identical to M Installation Location: California General Equipment Ratings Continuous Current 1200 Amps Impulse Withstand Voltage: 110kV BIL Max Short Circuit Current: 40 kA(RMS) Maximum Voltage: 15.5kV Control Voltage Ratings Spring Charge Motor: 125 VDC Close Coil: 125 VDC Trip Coil/ Relay: 125 VDC 2nd Trip Coil: 125 VDC Auxiliary: 120 VAC Detailed Bill of Material ------------------------- 1 - Bushing 1,3,5 Set X CTs, 3000/5 C400 TRF Schneider Electric M Tede Perk Drive,SUte 100 Schneider LaVaW ,TN 370M Tl*615_M735 , E I e c t r i c wwR.S.9CFM191d6�-81B41�IC.W 111 1.33 1 -Bushing 2,4,6 Set X CTs, 1200/5 C400 TRF 1.33 1 -Dual Aux. Sw.24 Contacts 1 -69 Device 1 -Latch check switch 2-Square D- Incandescent Indicating Lights Drawing Requirements 1 -Approval Drawings-DXF by Email 3-Sets of Approval Drawings-Paper 1 -Record Drawings- DXF by Email 3 -Sets of Record Drawings-Paper 1 -As-Built Drawings-DXF by Email 3-Sets of As-Built Drawings- Paper Net Price Each $15,493.00 Total for Twenty(20) $309,860.00 Estimated Tax @ 9% $27,887.40 Spare Parts Item Unit Extended No. Qty. Catalog Number!Details Price Price 002 1 4601166450 585.00 585.00 BUSHING 1101125KV BIL 1200A REPL KIT FVR 003 1 4601165951 55000 550.00 MOTOR CHARGING 120VAC/125VDC REPL KIT FVR 004 1 4601193750 535.00 535.00 FVR RI MECHANISM 005 1 4601167352 192.00 192.00 COIL TRIP 125VDC REPL KIT FVR 006 1 4601167251 192.00 192.00 COIL CLOSE 1251250VOC1240VAC REPL KIT FVR 007 1 4601166150 1,750.00 1,750,00 INTERRUPTERVAC 110KVBIL 40KA 1.2/2KA FVR 008 1 460116765D 175.00 175.00 SWITCH AUXILIARY SINGLE REPL KIT FVR 2 009 1 4601167151 68.00 68.00 RELAY ANTI-PUMP 125VDC REPL KIT FVR Total for Spares $4,047.00 Estimated Tax @ 9% $364.23 If you have any questions regarding this proposal, please contact us at USUtilityQuotes@schneider-electric.com. Sincerely, cwlve& (74" Charlotte Jones Senior Bid and Proposal Specialist 3 0100PL0043R04J15 0412015 Schneider Electric Conditions of Sale Proposal-based Projects Note The following Conditions of Sale are subject to change.All transactions for all products sold by Schneider Electric USA('Schneider Electric"),including all Schneider Electric brand products,are subject to the latest published Conditions of Sale of Schneider Electric and to any Special Conditions of Sale which may be contained in applicable Schneider Electric quotations and acknowledgments. Schneider Electric Standard conditions of Sale will apply in all transactions between customers and Schneider Electric,unless the Proposal-based Project Conditions of Sale,apply as defined in the following paragraph. Proposal-based Transactions that exhibit some or all of the following attributes: Unique customer requirements that are Projects typically negotiated and quoted,requires approval drawings and project management by Schneider Definitions Electric,and for which there is a specific direct-ship address. Governing All quotations are subject to these conditions of sale.Acceptance of an order by Schneider Electric shall Provisions and be expressly conditioned on Purchaser's assent to these conditions. Purchaser's direction to proceed Acceptance with engineering,manufacture or shipment by Schneider Electric shall be deemed evidence of this assent. No modified or other conditions will be applicable unless those conditions are so stated in Schneider Electric's proposal or are specifically agreed to in writing and signed by an authorized official of Schneider Electric.Failure to object to provisions contained in any Purchase Order or other communication from the Purchaser(including,without limitation,penalty clauses of any kind)shall not be construed as a waiver of these Conditions nor an acceptance of any other provisions.These terms are a complete statement of the parties'agreement and may only be modified in writing signed by both parties.These terms may not be modified by course of dealing,course of performance or usage of trade.These terms supersede all previous written or oral quotations,statements or agreements.Any contract for sale by and between the parties shall be governed by and construed according to the laws of the State of Illinois without regard to its rules on the conflict of laws.The Convention on the International Sale of Goods is expressly excluded, Quotations Quotations shall be valid for no more than thirty(30)days from the date quotation is communicated from seller to purchaser,unless otherwise stated in the quotation.All quotations are subject to change by Schneider Electric Company at any time upon notice to Purchaser.Quotations are made based on Schneider Electric's interpretation of the plans and specifications submitted to Schneider Electric by the Purchaser. It is Purchaser's obligation to review the quotation carefully and to immediately advise Schneider Electric of any differing interpretation Purchaser has so any necessary change can be made. Order Entry A complete,signed purchase order must be received before entry of an order into Schneider Electric's system Considerable detail is involved in the manufacture of power equipment.To facilitate timely shipment,complete details and information,including Purchaser's requested on-site dates must be provided at the time of order entry.Shipment dates are approximate and are based upon timely receipt of all necessary information from the Purchaser.Lack of complete information may result in delays of drawings or manufacture.Such delays shall relieve Schneider Electric from compliance with the quoted delivery dates and may lead to price escalation.Failure to provide a complete signed purchase order within twenty(20)days of notification of award may result in renegotiation of price or shipment dates. 01998-20158chneieer Electnc USA,Inc Ali Rights Resen,etl Schneider Prices subject to change without notice 04R015 47 Electric Schneider Electric Conditions of Sale Proposal-based Projects Approval When required by a specific Purchase Order,drawings will be submitted for approval per agreed upon Drawings schedules,and price policy,below,to assure Schneider Electric has designed the equipment as described in Purchasers specifications,as modified by Schneider Electric's quotation,If at time of drawing approval Schneider Electric has not designed the equipment to meet the specifications,as modified by Schneider Electric's quotation,Schneider Electric will make the appropriate changes at no charge to Purchaser.Where the Purchaser's specification is not definitive,Schneider Electric shall have the right to design the product in line with good commercial practice,without further obligation to Purchaser.If at drawing approval, Purchaser makes changes outside the design as stated in the specifications,such changes shall be treated as a change order as provided below. Price Policy Quoted prices are firm provided:A)The order is received with complete engineering details and is released for manufacture within sixty(60)calendar days from the originally anticipated release date.B)Al required approval drawings are returned and equipment released by Purchaser no later than sixty(60) calendar days from the original date of issuance of approval drawings by Schneider Electric.The returned drawings must be released for manufacture for shipment on the agreed date.Drawing re-submittals which are required for any reason other than to correct Schneider Electric errors will not extend the sixty(60)day deadline. If the Purchaser causes delay of shipment in any way or returns approval drawings beyond the time stated above, Purchaser may be subject to charges which shall not exceed 2%of the purchase order price for each full month or fraction thereof that shipment is delayed,as compensation to Schneider Electric for expenses created by such delay and not as a penalty.In addition to the 2%charge per month, if shipment is delayed through the fault of Purchaser for more than 180 days from the original date of issuance of approval drawings,the price may be subject to revision. Pricing- All prices cover a bill of material as described in Schneider Electric specifications or quotations to be Purchaser designed and manufactured to Schneider Electric standard designs,unless otherwise agreed in writing Changes between the parties. Purchaser may make minor changes not affecting the time or cost of performance without charge prior to the start of manufacture. If any changes are requested by the Purchaser after submission of the original Purchase Order which affect the cost or time of performance,additional billing will be made with the amount of price adder dependent on the change and status of the order when the change is made.Changes may also result in an extension of time for shipment.All changes will be agreed to by the parties,in writing,prior to implementation.Purchaser's rescheduling shipment will be considered a change.All expenses incurred by Schneider Electric in connection with the storage of equipment, including demurrage,packing,storage charges,insurance and handling charges by Schneider Electric will be paid by the Purchaser upon submission of invoices by Schneider Electric.Schneider Electric will issue price changes for any change requested by the Purchaser that affects modification of equipment,changes the bills of material,engineering or drawings or delivery schedule as follows:A)If Purchaser makes a change to an order prior to being released to engineering,the net price will be adjusted by re-pricing the equipment with prices in effect at the time of the change.A commensurate delay in the shipping date will be based on the changes involved, B)For changes made after the order is released to engineering,the net price and ship date will be adjusted as described in paragraph A above.An additional charge based on Schneider Electric standard engineering billing charges and cost of parts($250 minimum)will be made to cover any extra engineering and drafting,scrap or rework of parts,or cost of modification.C)If during the drawing approval process,the Purchaser makes changes outside the design covered by the specifications,Schneider Electric will be reimbursed as described in paragraph A and B above, plus any additional charges for any extra cost incurred as a direct result of the changes and allowed a commensurate delay in shipping date based on the changes involved.Changes to the order can not be processed until a formal signed change order is received from the Purchaser. Substitutions Schneider Electric may furnish suitable substitutes for material unobtainable because of priorities or regulations established by governmental authority or non-availability of materials from suppliers,provided such substitutions do not adversely affect the technical soundness of the equipment.Schneider Electric assumes no liability for deviation from published dimensions and descriptive information not essential to proper performance of the product. 2 O 1998-2015 Schneider Electric USA Inc. A I Rights Reserved Prices subject to change without notice. O42015 Schneider Electric Conditions of Sale Proposal-based Projects Taxes Any manufacturer's tax,retailer's tax,occupation tax,use tax,sales tax,excise tax,(except federal excise tax on vehicles),duty,customs, inspecting or testing fee,or other tax,fee or charge of any nature whatsoever,imposed by any governmental authority or measured by any transaction between Schneider Electric and Purchaser,shall be paid by the Purchaser in addition to the prices quoted or invoiced,and such charges will appear as a separate line item on the invoice. In the event Schneider Electric will be required to pay any such tax,fee,or charge, Purchaser shall reimburse Schneider Electric or,in lieu of such payment. Purchaser shall supply Schneider Electric at the time the order is submitted with an exemption certificate or other document acceptable to the tax authority. Purchase Orders must state the existence and amount of any such tax,fee or charge for which Purchaser claims an exemption- Terms of Acceptance of all Purchase Orders is subject to Purchaser meeting Schneider Electric credit standards. Payment Terms are subject to change for failure to meet such standards.Terms are net thirty(30)days from date of invoice of each shipment,unless otherwise stated in Schneider Electrids quotation. For an authorized distributor or authorized reseller order,applicable terms of payment are stated in the quotation or applicable discount schedule.Schneider Electric reserves the right at any time to demand full or partial payment before proceeding with a contract of sale if,in its sole judgment,as a result of changes in the financial condition of the Purchaser the terms of payment originally specified are no longer justified. Progress All proposal-based projects are Net 30 days from date of invoice of each shipment.On projects exceeding Payments/ $1,000,000 Net, progress payments are payable according to the following milestones: Payment Term • 30%Release to manufacturing • 70%(balance)due at shipment Payments If delivery is delayed or deferred by the Purchaser beyond the scheduled date,payment shall be due in full when Schneider Electric is prepared to ship.The equipment may be stored at the risk and expense of the Purchaser.If the Purchaser defaults when any payment is due,then the whole contract price shall become due and payable upon demand,or Schneider Electric at its option,without prejudice to other lawful remedies,may defer delivery or cancel the contract for sale. If Purchaser become insolvent,or bankrupt or in the event any proceeding is brought against the Purchaser,voluntarily or involuntarily under the bankruptcy or any insolvency law,Schneider Electric may cancel any order then outstanding at any time and recover its proper cancellation charges from the Purchaser or the Purchaser's estate. Delivery F.O.B. Point of Shipment When the Schneider Electric quotation is based on delivery F.O.B.point of shipment,freight prepaid and allowed for delivery within the continental United States,Product is sold F.O.B. point of shipment,freight prepaid and allowed for orders over$2000 net.Delivery by Schneider Electric to the point of shipment constitutes delivery to the Purchaser;and title and all risk of loss or damage in transit shall pass to the Purchaser at time of delivery at the F.O.B.point.Schneider Electric is not responsible for breakage or delays by carrier after having received"in good order"receipts from the carrier.Purchaser is responsible for pursuing any damage claims with the carrier.For orders under$2000 net the above terms apply except freight is prepaid not allowed.No allowance will be made in lieu of transportation if the Purchaser accepts shipment at factory,warehouse or freight station or otherwise supplies its own transportation. Freight prepaid is defined as: a)Shipments to destinations within the continental United States to the accessible common carrier point nearest the first destination.b)Shipments to U.S.destinations outside the continental United States shall be to the common carrier free delivery point in the United States nearest the original port of embarkation.All charges associated with F.A,S.,C.I.F.,or other charges such as pier transfer, lift,ocean freight,and marine or war insurance shall be paid by the Purchaser,unless otherwise specifically agreed in a specific Purchase Order.In no event will Schneider Electric be responsible for demurrage or detention charges. Delivery: F.O.B.Destination When the Schneider Electric quotation is based on delivery F.O.B.Destination,for shipments for delivery within the continental United States, Schneider Electric will retain title and all risk of loss or damage in transit to the common carrier free delivery point in the United States nearest the first destination for a price addition of 2%of the net price.If the Purchaser elects this Option.Purchaser's obligations shall be as follows:a)Purchaser shall have the responsibility of inspecting the equipment for apparent loss or damage immediately upon its arrival at the free delivery point,b)In the event of apparent shipping loss or damage, Purchaser shall make written notation of the loss on the carrier's delivery receipt and,within 72 hours of delivery shall notify the Schneider Electric Customer Information Center Purchaser shall not remove product from the point of examination and shall retain the shipping container and packing ®199E-2015 Schneider Electnc USA Inc All Rghts Reserved 3 PnC)S SubtW t0 Change without notice- 042015 Schneider Electric Conditions of Sale Proposal-based Projects material.Purchaser shall request the carrier to make an inspection and send Schneider Electric a copy of the carrier's inspection report,c)In the event of concealed damage which occurred during transit and is discovered by the Purchaser after delivery, Purchaser shall report such damage immediately,but in no event later than 15 days after delivery,to the delivering carrier,and within 72 hours of discovery,shall notify the local Schneider Electric field office If such notification is not made,Schneider Electric shall not be liable for loss or damage in transit. Shipment and Routing Schneider Electric shall select the point of origin of shipment,the method of transportation and the routing of the shipment Purchasers that request expedited or special modes of transportation or routing involving air,premium or any other non-standard Schneider Electric shipping shall be assessed additional charges for shipping,handling,freight and expediting.Any rebates,allowances,discounts,or incentives received by Schneider Electric from its carriers shall be retained by Schneider Electric.All prices include domestic packaging only When other than domestic packaging is required,contact your local Schneider Electric field office. Purchaser specified packaging and marking may be subject to additional charges. Shortages Claims for shortages or errors must be submitted to Schneider Electric within 30 days after invoice date, and failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by the Purchaser_ Installments Schneider Electric reserves the right to make shipments in installments,unless otherwise expressly stipulated in a specific Purchase Order;and all such installments when separately invoiced shall be paid for when due per invoice without regard to subsequent shipments.Delay in shipment of any installment shall not relieve Purchaser of its obligation to accept remaining shipments. Force Majeure Schneider Electric shall not be liable for any damages as a result of any delays due to any causes beyond Schneider Electric's control,including,without limitation,an act of God; act of Purchaser or Schneider Electric supplier;embargo or other governmental act,regulation or request;fire; accident;strike; slowdown;flood;fuel or energy shortage;sabotage;war;riot;delay in transportation and inability to obtain necessary labor,materials or manufacturing facilities from usual sources. In the event of any such delay, the dale of delivery shall be extended for a period of time reasonably necessary to overcome the effect of such delay. Standard Schneider Electric warrants equipment manufactured by it and sold through authorized sales channels to Warranty be free from defects in materials and workmanship for 12 months from the issuance of the customer provisional acceptance letter or 18 months from the invoice date of the last component of the order whichever occurs first. If within such period,any such equipment shall be proved to Schneider Electric's satisfaction to be non-conforming,such equipment shall be repaired or replaced at Schneider Electric's option.This warranty shall not apply(a)to equipment not manufactured by Schneider Electric,(b)to equipment that has been repaired or altered by other than Schneider Electric so as,in its judgment,to affect the same adversely,or(c)to equipment that has been subjected to negligence,accident,or damage by circumstances beyond Schneider Electric's control,or improper operation, maintenance or storage,or to other than normal use or service With respect to equipment not manufactured by Schneider Electric,the warranty obligations of Schneider Electric shall in all respects conform and be limited to the warranty actually extended to Schneider Electric by its supplier.Non-conforming products must be returned at Schneider Electric's expense for evaluation unless this is waived in writing. Replacement products may be new or reconditioned.The foregoing warranties do not cover reimbursement for labor, transportation, removal,installation,temporary power,or any other expenses that may be incurred in connection with repair or replacement Any part or component changed or repaired in the context of the contractual warranty will itself benefit of a 3 month warranty but shall not cause the warranty duration of the overall System/Solution to be extended.Warranty is voided on genuine Schneider Electric products if they are reconditioned There is no warranty on counterfeit products. Optional (Only available on equipment to be located in the U.S) Warranties Option 1—Extended;2 to 5 years from Shipment.If requested by the Purchaser,and specifically accepted in writing by Schneider Electric,the standard warranty will be extended to two(2)years from date of invoice for a price addition of 1%of the net face value of the Purchase Order,will be extended to three(3) years from date of invoice for a price addition of 3%of the net face value of the Purchase Order,will be extended to four(4)years from date of invoice for a price addition of 5%of the net face value of the Purchase Order,or will be extended to five(5)years from date of invoice for a price addition of 7%of the net face value of the Purchase Order. m 1900-2015 Scnnei0w ElWoc USA,Inc at Rights Resmrved Prime suojact m change%W=t notice. 0412015 Schneider Electric Conditions of Sale Proposal-based Projects Option 2--Special Warranty:If requested by the Purchaser,and specifically accepted in writing by Schneider Electric,the standard warranty will be extended,for a price addition of 3%of the net face value of the Purchase Order,to cover reimbursement of the direct costs of:a)Removal of non-conforming equipment or part thereof;b)Transporting equipment or parts to and from the place of repair; c)Off-loading of truck and reinstallation at the original site. Such special warranty,which may be chosen to cover a period not exceeding that of the standard or extended warranty(see above)selected,will not include the cost of providing temporary power or removing or replacing other apparatus or structures,or costs of transportation beyond a common carrier free delivery point in the continental United States. Further,the obligation of Schneider Electric for expenses and costs arising under this special warranty coverage will not exceed 50%of the net invoice price on the equipment being repaired.This warranty does not change or affect the allocation of risk or loss during shipment. Option 3--Extended Warranty:Preventative Maintenance Agreements. If requested by the Purchaser, and specifically accepted by Schneider Electric,a Preventative Maintenance Agreement is available to provide preventative maintenance on equipment covered by the agreement.Terms of the preventative maintenance agreement shall be as defined in a separate Services Agreement agreed to by the parties. Software Any software or computer information,in whatever form,provided with equipment manufactured by Schneider Electric is licensed to Purchaser solely pursuant to standard licenses of Schneider Electric or its supplier of such software or computer information,which licenses are,hereby incorporated by reference.Schneider Electric does not warrant that such software or computer information will operate error free or without interruption,and warrants only that during the warranty period applicable to the equipment that the software will perform its essential functions.If such software or computer information fails to conform to such warranty,Schneider Electric will,at its option, provide an update to correct the non-conformance or replace the software or computer information with the latest available version containing a correction.Schneider Electric shall have no other obligation to provide updates or revisions. Limitations These disclaimers and limitations of remedies apply to all warranties offered to Purchaser and to all Purchase Orders.The warranties set forth above are exclusive and in lieu of all other expressed or implied warranties(except warranties of title),including,but not limited to implied warranties of merchantability and fitness for a particular purpose.Except as may be expressly provided in an authorized writing by Schneider Electric,Schneider Electric shall not be subject to any other obligations or liabilities whatsoever other than as stated above with respect to equipment sold or services rendered by Schneider Electric.Notwithstanding anything to the contrary herein contained Schneider Electric Company,its contractors and suppliers of any tier,shall not be liable in contract,In tort(including negligence or strict liability)or otherwise for lost time,lost profits,or special,indirect,incidental or consequential damages of any kind whatsoever.The remedies of the Purchaser are exclusive and the total cumulative liability of Schneider Electric,its contractors and suppliers of any tier,with respect to this contract or anything done in connection therewith,such as the use of any product covered by or furnished under the contract,whether in contract,in tort(including negligence or strict liability)or otherwise,shall not exceed the price of the product, part,or service on which such liability is based. Intellectual As to equipment proposed and furnished by Schneider Electric,Schneider Electric shall defend any suit or Property proceeding brought against Purchaser so far as based on a claim that such equipment constitutes an infringement of any copyright,trademark or patent of the United States. This obligation shall be effective only if Purchaser shall have made all payments then due hereunder and if Schneider Electric is notified promptly in writing and given authority,information,and assistance at Schneider Electric's expense for the defense of the same. In the event the use of such equipment by Purchaser is enjoined in such a suit,Schneider Electric shall,at its expense,and at its sole option,either (a)procure for the Purchaser the right to continue using such equipment(b)modify such equipment to render it non-infringing(c)replace such equipment with non-infringing equipment,or(d)refund the purchase price(less depreciation)and the transportation and installation costs of such equipment. Schneider Electric will not be responsible for any compromise or settlement made without its written consent.The foregoing states the entire liability of Schneider Electric for patent,trademark or copyright infringement,and in no event shall Schneider Electric be liable if any infringement charge is based on the use of Schneider Electric equipment for a purpose other than that for which it was sold by Schneider Electric.As to any equipment furnished by Schneider Electric to Purchaser and manufactured in accordance with designs proposed by Purchaser,the Purchaser shall indemnify Schneider Electric against any award made against Schneider Electric for patent,trademark,or copyright infringements. 0199E-2015 9c nedw EkcbV USA 1- N1 Ib0(S R*10VW S Prices subpm w&,vqe wow!notice. 0412015 Schneider Electric Conditions of Sale Proposal based Projects Witness of Normal production schedules do not provide the opportunity for Purchaser to witness routine factory tests Tests and on equipment or make factory inspections.Witnessing of tests or factory inspections by the Purchaser Factory may result in delays of production for which Schneider Electric will not be responsible.Witness testing and factory inspections must be requested at time of quotation and confirmed at order entry.Standard Inspections Schneider Electric factory testing and inspection will apply.Schneider Electric will notify Purchaser fourteen(14)calendar days prior to scheduled witness testing or inspection. In the event Purchaser is unable to attend,the Parties may mutually agree on a rescheduled date.However,Schneider Electric,at its sole option, may consider the witness tests and/or inspection waived,and ship and invoice the Products.Purchaser will be responsible for paying for all scheduled witness testing,whether or not Purchaser attends. Return of No equipment may be returned without first obtaining Schneider Electric's written permission and Equipment a returned material identification tag.Returned equipment must be of current manufacture,in the original packaging,unused,undamaged and in saleable condition,securely packed to reach Schneider Electric without damage and labeled with the return authorization number.Any cost incurred by Schneider Electric to put equipment in first class condition will be charged to the Purchaser.Returns will be credited at price invoiced by Schneider Electric less a restocking fee of 25%invoice price, Special Order and Custom equipment is not returnable.Schneider Electric shall bear the cost of returns resulting from Schneider Electric error,and method and route of return will be at the discretion of Schneider Electric. Costs incurred by failure to follow Schneider Electric direction will be bome by the Purchaser. Nuclear Unless otherwise agreed in writing by a duly authorized representative of Schneider Electric,products Applications sold hereunder are not intended for use in or in connection with any nuclear facility or activity. If so used, Terms and Schneider Electric disclaims all liability for any damage, injury or contamination;and Purchaser shall indemnify Schneider Electric against any such liability,whether arising as a result of breach of contract, Conditions warranty or tort(including negligence)or otherwise. Patterns and Notice will be given if special patterns or tools are required to complete any order_Charges for such Tools patterns or tools do not convey title thereto or the right to remove them from Schneider Electric's plant.If patterns or tools are not used for a period of two years,Schneider Electric shall have the right to scrap them without notice. Product Purchaser shall promptly supply the user(including its employees)of the product with all Schneider Notices Electric supplied product notices,warnings,instructions,recommendations and similar materials. Errors Schneider Electric reserves the right to correct errors or omissions in quotations,acknowledgments, invoices,or other documents. OSHA Compliance with OSHA or similar federal,state or local laws dunng the operation or use of the products) Compliance is the sole responsibility of the Purchaser. Termination Any order may be terminated by the Purchaser only upon written notice to Schneider Electric will be subject the following cancellation schedule: • 20%after issuance of approval drawings • 50%at release to manufacturing • 100%at start of fabrication Cancellation Schneider Electric shall have the right to cancel any order or contract at any time by written notice for any material breach of the contract by the Purchaser, including material delays in releasing equipment for manufacture or approval drawings and excessive changes to specifications or drawings. Schneider Electric USA,Inc. Square D" and Schneider Electric^'are trademarks or registered trademarks of Schneider ElecW 800 Federal Street Andover.MA 01810 USA 1-888-778-2733 0100PL0043RO4115©1998-2015 Schneider Electric USA,Inc All Rights Reserved www Schneider-electric us Replaces 0100PL0043R12/12 6 0 1M-2015 Schneider Electnc USA.Inc All Rgh s Reserved Pnces suoiect to Chan"wltnoul notice. 040015 v RECEPIED RECEIVED MAR 0 9 2016 � Y+{ryl T` [!,AR V V 2016 CITY CLERKS OFFICE- CITY ADMINISTRATI STAFF REPORT VERNON GAS & ELECTRIC DEPARTMENT DATE: March 15, 2016 TO: Honorable Mayor and City Council FROM: Carlos Fandino Jr., Director of Vernon Gas & Electric Department NI, j Originator: Diana Figueroa,Administrative Secretary RE: Request for Approval of an Agreement with AM Ortega Construction, Inc. in Response to the City's Request for Proposals for Natural Gas Construction and Repair Support Services Recommendation A. Find that proposed agreement between the City of Vernon and AM Ortega Construction, Inc. is exempt under the California Environmental Quality Act (CEQA) because approval of the proposed agreement 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 that even if such were a project, it would be exempt in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment, because the agreement does not have an impact; and B. Accept the proposal from AM Ortega Construction, Inc. ("AM Ortega") as the highest scoring and cost effective respondent, rejecting all other proposals; and C. Award and authorize the execution of the services agreement between the City of Vernon and AM Ortega, in substantially the same form as submitted herewith, for natural gas construction and repair support. The proposed contracted services equate to an amount not-to-exceed $200,000 per year, with a total compensation amount not-to- exceed $600,000 over the entire three (3) year term of the agreement. Background The Vernon Gas & Electric ("VG&E") Department determined a significant need to establish a contract with a provider for natural gas construction and repair support services. Specifically, the services will be commissioned on an"as needed basis" for work on the six-inch polyethylene ("PE") gas distribution system, ten-inch high pressure steel gas transmission system, two Page 1 of 2 distribution regulator stations, and any other aspect of the City's natural gas infrastructure that may require attention. On January 14, 2016, City staff properly publicized the Request for Proposal ("RFP") for the Natural Gas Construction and Repair Support Services for the City of Vernon (the "City"), pursuant to Vernon Municipal Code section 2.17.14, and formally invited five (5) contractors. The City received a total of four (4) timely proposals from qualified firms on February 10, 2016. All of the respondents met the minimum criteria for further review and a panel of City staff was assembled to assess the credentials of the firms in detail. After thorough consideration and collaboration, AM Ortega was selected as the as the desired recipient of the contract award. VG&E has been utilizing AM Ortega's services for various projects since September of 2012. As such, staff is personally familiar with their work quality and professionalism. They have provided assistance to the City in areas related to the natural gas transmission pipeline integrity assessment; installation of new gas services for residential and commercial customers alike; pneumatic boring services; and construction and repair support to the gas distribution system, gas transmission system, and two distribution regulator stations. In light of the foregoing, it is recommended that Council approve the award of a contract to AM Ortega for natural gas construction and repair support services for a three (3) year term, as staff is in agreement that AM Ortega is the most suitable firm to provide quality services to the City. The contract has been reviewed and approved by the City Attorney's office. Fiscal Impact The proposed amount for the service contract with AM Ortega is not-to-exceed $200,000 per year, with a grand total amount not-to-exceed $600,000 over the three (3) year term of the agreement. The expenditure for gas construction and repair services has been specifically identified in the 2015-2016 approved budgets and will be budgeted in upcoming years. Attachment(s) 1. Services Agreement between the City of Vernon and AM Ortega Construction, Inc. for Natural Gas Construction & Repair Support Services Page 2 of 2 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND A.M. ORTEGA CONSTRUCTION, INC. FOR NATURAL GAS CONSTRUCTION & REPAIR SUPPORT SERVICES COVER PAGE Contractor: A.M. Ortega Construction, Inc. Responsible Principal of Contractor: Archie Maurice Ortega, President Notice Information - Contractor: A.M. Ortega Construction, Inc. 10125 Channel Road Lakeside, CA, 92040 Attention: Archie Maurice Ortega, President Phone: (619) 390-1988 Facsimile: (619) 390-1941 Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Carlos Fandino Jr. Director of Gas & Electric Telephone: (323) 583-8811 ext. 573 Facsimile: (323) 826-1408 Commencement Date: March 28, 2016 Termination Date: March 27, 2019 Consideration: Total not to exceed $600,000 (includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three (3) years, pursuant to Section 9.19 August 2013 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND A.M. ORTEGA CONSTRUCTION, INC. FOR NATURAL GAS CONSTRUCTION & REPAIR SUPPORT SERVICES THIS Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation ("City"), and A.M. Ortega Construction Inc., a California corporation ("Contractor"). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on March 15, 2016. 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the Request for Proposals dated January 14, 2016, Exhibit "A", and Contractor's proposal to the City ("Proposal") dated February 10, 2016, Exhibit "B", both of which are attached to and incorporated into this Contract, by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed according to the standards then prevailing in the California profession. 3.0 PERSONNEL. 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 2 August2013 4.0 TERM. The term of this Contract shall commence on March 28, 2016, and it shall continue until March 27, 2019, unless terminated at an earlier date pursuant to the provisions thereof. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit "C". 5.2 Contractor's grand total compensation for the entire term of this Contract, including change orders, shall not exceed $600,000 without the prior authorization of the City Council and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the 3 August 2013 immediately preceding calendar month. 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services, authorized costs and authorized extra work covered by that invoice. 7.0 CHANGE ORDERS. The Director of the Department of Gas & Electric shall have the authority to issue change orders for administrative and non-material changes to the scope of services and to the time for performance as long as the change orders do not increase the compensation due to Contractor under this Contract and as long as the time is not extended beyond three years. The City Administrator, shall have the authority to issue administrative change orders to increase the compensation due Contractor under this Contract, but the combined total amount of such change orders shall not exceed $700,000. 8.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services. 9.0 GENERAL TERMS AND CONDITIONS. 9.1 INDEPENDENT CONTRACTOR. 9.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or employee of City and shall furnish such services in its own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment 4 August 2013 of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 9.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 9.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 9.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 9.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy or incompleteness. 6 August 2013 9.5 WAIVER. The City's waiver of any term, condition, breach or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 9.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and/or assigns. 9.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties or otherwise constitute a novation. 9.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. 9.9 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 9.10 INTERPRETATION. 9.10.1 Applicable Law. This Contract, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California. 9.10.2 Entire Agreement. This Contract, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, 6 August2013 representations, understandings, correspondence, documentation and agreements (written or oral). 9.10.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 9.10.4 Severability. If any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 9.10.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's Request for Proposals shall control over the Contractor's Proposal. 9.10.6 Choice of Forum. The parties hereby agree that this Contract is to be enforced in accordance with the laws of the State of California, is entered into and/or is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Contract shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 9.10.7 Duplicate Originals. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 9.11 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term and provision hereof. 9.12 AUTHORITY OF CONTRACTOR. The Contractor hereby represents 7 August 2013 and warrants to the City that the Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 9.13 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 9.14 INDEMNITY. Contractor agrees to indemnify harmless and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of: (1) any activity on or use of City's premises or facilities or any performance under this Contract; or (2) any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agent in connection with the performance of this Contract. i. This agreement to indemnify includes, but not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or 8 August 2013 corporations, Contractor and its employees or agents, and members of the general public). 9.14.1 RELEASE. Contractor agrees to release and covenants not to sue the City, its City Council and each members thereof, and its officers, employees, commission members and representatives for any damage or injury (including death) to itself, its officers, employees, agents and independent contractors damaged or claiming to be damaged from any performance under this Contract. 9.15 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amount set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. i. Automobile Liability with minimum limits of at least $100,000/300,000/50,000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of$500,000 including owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form. ii. General Liability with minimum limits of at least $1,000,000 combined single limits written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insured as respects liability arising out of the Contractor's performance of this Contract. (1) If Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insured under its own policy of shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. (2) Blanket Contractual Coverage (if required by the city). 9 August 2013 (3) Products/Completed Operations Coverage (where such risk is applicable, as determined by the city) (4) Explosion, Collapse and/or Underground (X, C, and/or U) coverage (where such risk is applicable, as determined by the city). iii. Professional Errors and Omissions coverage in a sum of at least $1,000,000. Applicable aggregates must be identified and claims history provided to determine amounts remaining under the aggregate. iv. Contractor shall comply with the applicable sections of the California Labor Code concerning worker's compensation for injuries on the job. Compliance is accomplished in one of the following manners: (1) Provide copy of permissive self-insurance certificate approved by the State of California; or (2) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of$1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or (3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. V. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. vi. Insurance shall be placed with insurers with a Best's rating of no less than B. vii. Prior to commencement of performance, Contract shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The 10 August 2013 certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. viii. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Contract until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due Contractor, at City's option; (b) immediately terminate this Contract; or (c) self- insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or re 9.16 NOTICES. Any notice or demand to be given by one party to the other be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City: Department of Gas & Electric 4305 Santa Fe Ave. Vernon, CA 90058 Attn: Javier Valdez If to the Contractor: A.M. Ortega Construction, Inc. 10125 Channel Road Lakeside, CA 92040 Attn: Archie Maurice Ortega Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date 11 August 2013 of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 9.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 9.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. 9.19 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 12 August 2013 The Contractor shall maintain and preserve all such records for a period of at least 3 years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 9.20 CONFLICT. Contractor hereby represents, warrants and certifies that no member, officer or employee of the Contractor is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. 9.21 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1'/2 times the basic rate of pay. 9.22 LIVING WAGES. Contractor, and any Subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "C". Upon the City's request, certified payroll records shall promptly be provided to the City 9.23 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure 13 August 2013 that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "D". [Signatures Begin on Next Page]. 14 August2013 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City A.M. Ortega Construction Inc., a California and California municipal corporation corporation By: By: AJ Wilson, Interim City Administrator Name: Title: ATTEST: By: Maria E. Ayala, City Clerk Name: Title: APPROVED AS TO FORM: Hema Patel, City Attorney 15 August 2013 EXHIBIT A REQUEST FOR PROPOSALS 16 August 2013 City of Vernon Request for Proposals (RFP) Natural Gas Construction & Repair Support Of IF � 4 r ` 1905 Vie City of Vernon Department of Gas & Electric 4305 Santa Fe Avenue, Vernon, CA 90058 Phone: (323) 583-8811 October 2014 City of Vernon Gas System Construction & Repair Support Request for Proposals 1. INTRODUCTION AND WORK SCOPE The City of Vernon is requesting proposals for natural gas construction and repair support as needed for work on its six-inch polyethylene (PE) gas distribution system, its ten-inch high pressure steel gas transmission system, two distribution regulator stations, and any other aspect of the City's natural gas infrastructure that may need outside support. The City will select one firm, but may select more, based on demonstrated competence, rates and charges, and general availability to conduct the work described herein. 2. BACKGROUND The City of Vernon was founded in 1905, is approximately 5.2 square miles in size and is located approximately 5 miles southeast of downtown Los Angeles California. Over its long history Vernon has been developed as an industrial community. At the turn of the 20`" century the lands that make up Vernon were comprised largely of farmlands. The presence of three major rail lines in the area led influential business and property owners to encourage the railroad companies to run spur lines onto the farmlands. These rail extensions enabled the creation of an "exclusively industrial" city. By the 1920's Vernon was attracting large stockyards and meatpacking facilities. In the 1930's Vernon became the location of choice for many heavy industrial plants. As economic conditions changed over the decades, these large scale industrial operations have relocated out of Southern California and Vernon has attracted smaller, lighter industrial facilities. The City's business friendly environment, low cost utilities and key location for trucking and rail transport continue to position Vernon as an ideal location for industrial uses. City Government: The City Council consists of five members, elected at-large, who serve five-year staggered terms. The City Council annually appoints a Mayor and a Mayor Pro Tern from its own membership to serve one-year terms. Labor Force: Vernon has approximately 250 employees, and its departments include a Fire Department, Police Department, Finance Department, Public Works, Water and Development Services Department, Gas and Electric Department and Health and Environmental Control Department. Present bargaining units recognized include the Vernon Police Officers Benefit Association, Vernon Police Management Association, Vernon Firemen's Association, the Vernon Fire Management Association, International Brotherhood of Electrical Workers Local 47, and Teamsters Local 911. 3. SCOPE OF SERVICES REQUIRED The City of Vernon is seeking the services of a highly qualified contractor to assist in: The service agreement will enable the City of Vernon to call on contractor(s) for natural gas construction and repair support on its natural gas infrastructure which may need outside support, including but not limited to, its six-inch polyethylene (PE) gas distribution system, its ten-inch high pressure steel gas transmission system, and the two distribution regulator stations. -2 - October 2014 City of Vernon Gas System Construction & Repair Support Request for Proposals The contractor(s) will perform work on as-needed basis. Each time City calls on contractor for support, a service order will be initiated by City, and agreed to mutually by City and contractor, having the following components: a) Detailed description of work, including sketches or drawings as appropriate. b) A fixed cost of work, or estimated man hours and equipment costs, as agreed to by the parties, based on predetermined hourly rates and equipment costs, as included in the base contract. c) Timing for start and completion of work. d) Any other relevant information. All service orders will be approved by an appropriately authorized City of Vernon official. The following are examples of work that City may require of contractor(s): • Welding of high pressure steel gas pipe • Fusion of PE distribution line • Pressure testing of steel and PE pipe • Excavation and installation of steel or PE pipe • Shoring of trenches and pits above gas lines • Technical and maintenance support of regulator stations • Pipeline damage repair • Recovery from a natural disaster such as a major earthquake • Gas system support, as needed, in the event City does not have sufficient resources • Specialty smoothing of two or more sharp bends in the ten-inch steel transmission line prior to the next in-line assessment to occur in 2018 or earlier • Obtain encroachment permit & traffic control management. 4. QUALIFICATIONS & CRITERIA A. Qualifications: The City of Vernon will select one or more contractors for all of the above-outlined Scope of Service on the basis of qualifications, experience, and rates and charges. The following are the minimum qualifications to be used to evaluate responses to this Request for Proposal: I. Must have employees with extensive experience working on natural gas pipeline and infrastructure. II. Must be based within reasonable distance of City of Vernon in order to readily dispatch equipment and personnel. III. All personnel working on natural gas pipelines must be Operator Qualified per Pipeline Hazardous Material Safety Administration (PHMSA). IV. Must be able to respond to some smaller jobs, such as three-man crew working for two days to complete a gas service connection. V. Pursuant to Labor Code 1725.5, must be registered with the Department of Industrial Relations (DIR). - 3 - October 2014 City of Vernon Gas System Construction & Repair Support Request for Proposals B. Selection Criteria: The City will conduct a comprehensive, fair, and impartial evaluation of proposals received in response to this RFP. All proposals received will be reviewed and evaluated by a committee of qualified personnel (Evaluation Committee). The name, information, or experience of the individual members of the Evaluation Committee will not be made available to any proposer. The Evaluation Committee will first review and screen all proposals submitted, according to the minimum qualifications set forth above. The following criteria will be used in reviewing and comparing the proposals and in determining the highest scoring proposals: 1. 40% Qualifications, background and prior experience of the firm in the Service Area(s) being proposed, experience of key staff assigned to oversee services provided to Vernon, evaluation of size and scope of similar work performed and success on that work. 2. 30% Cost and fees to the City for handling matters. Cost is not the sole determining factor but will be taken into consideration. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. If rates differ for different types or levels of service, or for different Service Areas, the Proposer should so state. 3. 10% Responsiveness to the RFP, and quality and responsiveness of the proposal. 4. 20% References including past performance of proposer. 5. FORMAT AND DELIVERY OF RESPONSE Respondents are asked to submit four (4) hard copies and one (1) electronic copy of their proposals in sufficient detail to allow for a thorough evaluation and comparative analysis. The proposal should include, at a minimum, the following information in sectionalized format addressing all areas of the scope of work in the RFP. A. Format: Limit your proposal to 20 typed 8.5" X 11" pages, or fewer, on white bond paper of at least 20-pound weight single sided (excluding cover letter and attachments. You may attach a firm brochure if you wish, but it must be as a separate attachment and independent from the required elements noted above. 1. Use a conventional typeface with a minimum font size of 12 points. Use a 1" margin on all boarders. 2. Organize your submittal in the order described above. 3. Provide one (1) unbound original of your firm's response and one electronic version (via email to jvaldez(@ci.vernon.ca.us) 4. Prominently label the package: "Gas System Construction & Repair Support" and include the name of the primary contact for the respondent. -4 - October 2014 City of Vernon Gas System Construction & Repair Support Request for Proposals Deliver the response to: City of Vernon Attention: Javier Valdez— Business &Account Supervisor 4305 Santa Fe Avenue Vernon, CA 90058 5. Responses are due on or before 5:00 p.m. on February 10, 2016. Late response will not be accepted. 6. A pre-meeting is scheduled for Wednesday, January 27, 2016, at 2:00 p.m. in the Department of Gas & Electric, 4305 Santa Fe Avenue, Ca 90058. Attendance is not mandatory. 7. Questions regarding the RFP should be sent solely via email to ivaldez ci.vernon.ca.us. Wednesday, February 3, 2016 on or before 5:00 p.m. is the deadline to submit any questions regarding the RFP. B. Cover Letter: All proposals shall include a cover letter which states that the proposal shall remain valid for a period of not less than ninety (90) days from the date of submittal. If the proposal contemplates the use of sub-contractors, the sub- contractors shall be identified in the cover letter. If the proposal is submitted by a business entity, the cover letter shall be signed by an officer authorized to contractually bind the business entity. With respect to the business entity, the cover letter shall also include: the identification of the business entity, including the name, address and telephone number of the business entity; and the name, title, address and telephone number of a contact person during the proposal evaluation period. C. Introduction and General Scope: Present an introduction of the proposal and your understanding of the assignment and significant steps, methods and procedures to be employed by the proposer to ensure quality deliverables that can be delivered within the required time frames and your identified budget. D. Ability to Respond to Service Orders: As stated, accepted contractors will not be required to respond to service orders, but may do so provided mutual terms can be agreed upon. Please provide a general description of how readily personnel from your firm may be available for projects at Vernon and the parameters that would determine availability. F. Fees and Rates: For services provided, City requests that proposers provide rate and fee schedules for personnel and equipment that will be fixed on an annual basis, but may be escalated at the end of the first and second years of the three- year term. Provide labor rates by job classification such as foreman, laborer, equipment operator, overtime, and holiday rate. Additionally, provide hourly equipment costs by type of equipment such as backhoe, excavator, dump truck, etc. Finally include any markups by contractor for items purchased for use on City gas system. These rates and fees will be used for service orders leaving the variable for each job to be primarily time required. - 5- October 2014 City of Vernon Gas System Construction & Repair Support Request for Proposals Although an important aspect of consideration, rates and fees will not be the sole justification for consideration. Negotiations may or may not be conducted with the proposer; therefore, the proposal submitted should contain the proposer's most favorable terms and conditions, since selection and award may be made without discussion with any firm. Proposer must offer services at rates and fees comparable to those proposer would offer to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. G. Ability of the Proposer to Perform: Provide a detailed description of the proposer and his/her/its qualifications, including names, titles, detailed professional resumes and past experience in similar work efforts/products of key personnel who will be working on the assignment. Provide a list of specific related work projects that have been completed by the proposer which are directly related to the assignment described in this RFP. Note the specific individuals who completed such project(s). Identify role and responsibility of each member of the project team. Include the amount of time key personnel will be involved in the respective portions of the assignment. Respondents are encouraged to supply relevant examples of their professional product. Provide at least three professional references. The selected contractor(s) shall not subcontract any work under the RFP nor assign any work without the prior written consent of the City. H. Affidavit of Non-Collusion. Proposer must submit a completed and signed, "Affidavit of Non-Collusion." (Copy attached as Exhibit A). 7. ADDENDA, CHANGES, AND AMENDMENTS TO THIS SOLICITATION At any time prior to the due date for responses, the City may make changes, amendments, and addenda to this solicitation, including changing the date due to allow respondents time to address such changes. Addenda, changes, and amendments, if made, will be posted on the City's website (www.cityofvernon.org), which is deemed adequate notice. A proposer may make a request to the City's project coordinator to be placed on a list of persons to receive notice of any such addenda, changes, or amendments. The preferred manner of communications is via e-mail due to its timeliness. 8. CONDITIONS FOR RESPONSES TO RFP The following conditions apply to this RFP process: A. Nothing contained in this RFP shall create any contractual relationship between the respondent and the City. B. This RFP permits but does not obligate the City to establish a list of service providers qualified as prime contractors. Nor does this RFP obligate the City to award a contract to any respondent. The City reserves the right to amend or cancel this RFP without prior notice, at any time, at its sole discretion. -6 - October 2014 City of Vernon Gas System Construction & Repair Support Request for Proposals C. The City shall not be liable for any expenses incurred by any individual or organization in connection with this RFP. D. No conversations or agreements with any officer, agent, or employee of the City shall affect or modify any terms of this RFP. Oral communications or any written/e-mail materials provided by any person other than designated contact staff of City shall not be considered binding. E. The City reserves the right, in its sole discretion, to accept one or more Proposals or reject any or all Proposals without prior notice and to waive any minor irregularities or defects in a Proposal. The City reserves the right to seek clarification on a Proposal with any source. F. The dates, times, and sequence of events related to this RFP shall ultimately be determined by the City. The schedule shown above is subject to change, at the sole discretion of the City, although the City will attempt to follow it and, if it must be altered, will attempt to provide reasonable notice of the changes. G. Respondents shall not issue any news release pertaining to this RFP, or the City without prior written approval of the City. H. All submitted proposals and information included therein or attached thereto shall become public record upon delivery to the City Administrator's Office. 9. RIGHT BY THE CITY TO WITHDRAW THIS REQUEST The City may, at its sole discretion and for any reason whatsoever, withdraw this solicitation at any time. 10. LIVING WAGE ORDINANCE The selected consultant shall pay qualifying employees a wage of not less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. The consultant shall also provide qualifying employees at least twelve days off per year for sick leave, vacation or personnel necessity, and an additional ten days a year of uncompensated time for sick leave. There shall a prohibition on an employer retaliation against an employee's complaining to the City with regard to the employer's compliance with the living wage ordinance. Contractor, and any Subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D" of the standard form contract, attached hereto as Exhibit B. Upon the City's request, certified payroll records shall promptly be provided to the City. -7 - October 2014 City of Vernon Gas System Construction & Repair Support Request for Proposals 11. STANDARD TERMS AND CONDITIONS Prior to the award of any work hereunder, City and proposer shall enter into the written contract for services attached hereto as Exhibit B. Proposers responding to this RFP are strongly advised to review all the terms and conditions of the Contract. The term of the Contract shall not exceed three (3) years. - 8 - October 2014 City of Vernon Gas System Construction & Repair Support Request for Proposals EXHIBIT A AFFIDAVIT OF NON-COLLUSION - 9- October 2014 City of Vernon Gas System Construction & Repair Support Request for Proposals EXHIBIT B STANDARD FORM CONTRACT - 10 - October 2014 EXHIBIT B PROPOSAL 17 August 2013 MAI 11'40AS FAMMA! Californici Conircicl-or's License # A-486311 A Certified iMinority Business Enlre)rprise City of Vernon Natural Gas Construction Repair Support Due: Feb. 10, 2016 Time: 5:00pm Proposal Prepared By: Steven C. Wood, PMP Main Office: 10125 Channel Rd, Lakeside, CA.92040 Office: (619) 390-1988 Fax: (619) 390-1941 Inland Empire: 1 1001 Beech Ave. Fontana, CA.92337 Office: (951) 360-1352 Fax: (951) 681-5920 ,0AL X' ' California Contractor's License +f A-48631 1 A Certified Minority Business Enterprise February 10, 2016 City of Vernon Attention: Javier Valdez 4305 Santa Fe Ave. Vernon, CA. 90058 RE: Natural Gas Construction & Repair Support Dear Mr. Valdez, A.M. Ortega Construction, Inc.is pleased to submit this proposal to provide Natural Gas Construction & Repair Support to the City of Vernon on an as-needed basis. If this contract is awarded to A.M. Ortega, we will field crews comprised of workers represented by the IBEW Local 47 and the UA Locals 250,345, and 469, and lead by A.M. Ortega Operations Manager, David Real. A.M. Ortega will comply with the general conditions as stipulated in the RFP instructions, and any applicable special terms and conditions which may be applicable to individual projects awarded under the agreement. We agree to furnish all necessary and incidental labor,services, materials, supplies, insurance, equipment and transportation, tools, and other facilities required for the prompt and efficient execution of the work at the appropriate hourly rates for labor and equipment, and at Cost Plus 10%for materials and services provided by vendors and subcontractors. This proposal is based upon an as-needed construction schedule to be determined by the City of Vernon,where the term of the Contract shall not exceed three (3) years. This proposal is valid for a period of not less than ninety (90) days. A.M. Ortega has a well-established safety program,detailed in the Safety Program section of this proposal,which has led to an excellent safety record. Our Experience Modification Ratings (EMR) for the previous four years are .89 (2012), .93 (2013), .95 (2014),and 1.23 (2015). You will find a detailed explanation of these EMIR in the Safety Section. This proposal includes work to be performed by specialty subcontractors,including S,W V-Ditch, Hunsaker& Associates,South Coast Concrete, RTL Equipment,Western Rim Engineering, & Penhall Company.A.M. Ortega also employs 3rd party vendors for trucking and hauling, dump fees, and materials deliveries which vary depending on the project. A.M. Ortega reserves the right to substitute qualified subcontractors for non-specialized work as needed to complete the work. Included with this letter,you will find the following information that comprises our Proposal: 1. This Cover Letter (2 Pg.) 2. Introduction and Scope Summary (2 Pg.) 3. Description of Our Ability to Respond to Requests for Service (2 Pg.) 4. Rates and Charges (6 Pg,) 5. Evidence of Qualifications-Management Personnel Resumes (3 Pg.) 6. Evidence of Qualifications-Projects Performed for the City of Vernon, CA. 2010-2016 (1 Pg.) Main Office: 10125 Channel Rd. Lakeside, CA.92040 Office: (619) 390-1988 Fax: (619) 390-1941 Inland Empire: 11001 Beech Ave. Fontana,CA.92337 Office: (951) 360-1352 Fax: (951) 681-5920 California Contractor's License # A-48631 1 A Certified Minority Business Enterprise 7. Evidence of Qualifications-Selected Projects for Other Customers (1 Pg.) B. Evidence of Qualifications-Corporate References (1 Pg.) 9. Affidavit of Non-Collusion,Signed by A Corporate Officer (1 Pg.) 10. Department of Industrial Relations Registration Information (1 Pg.) You will also find the following attachment to our proposal: A. Safety Program Information In accordance with the RFP instructions, the rates and charges in this proposal are inclusive of compliance with the City of Vernon's Living Wage Ordinance and applicable collective bargaining agreements. California State Prevailing Wages for Public Works Construction or Certified Payroll reporting are not included. Please do not hesitate to contact Steven Wood if you have any questions regarding this proposal. Respectfully submitted, A.M. Ortega Construction, Inc. A General I-hgineering Contractor even C. Wood, PMP, Estimator/Project Manager II Main Office: 10125 Channel Rd. Lakeside, CA. 92040 Office: (619) 390-1988 Fax: (619) 390-1941 Inland Empire: 1 1001 Beech Ave. Fontana,CA.92337 Office: (951) 360-1352 Fax: (951) 681-5920 i I C,Qri'I'rac!'Or"s License fr A-486 31 I A Cerfi ied jb irioril'y Busifless Enl-iprlse Introduction & General Scope A.M. Ortega Construction, Inc. has been providing Natural Gas Construction and Repair Support to the City of Vernon under a substantially similar contract for the past 3 years. Under the existing agreement, A.M. Ortega has deployed forces to assist the City in -the installation of underground pipeline facilities on the 6" PE Distribution System and the 10" Steel Transmission System. We are intimately familiar with the City of Vernon's Standard Operating Procedures for the award and performance of work under this agreement, and are prepared to continue providing excellent customer service and the highest quality workmanship for the City's natural gas facilities. For the purposes of clarity, A.M. Ortega Construction, Inc understands the general scope of work for the Natural Gas Construction and Repair Support project to entail the following tasks to be performed on an as-needed basis, as indicated for the duration of the Service Agreement, by the City of Vernon: ® 6" polyethylene (PE) gas distribution system ® 10" high pressure steel gas transmission system ® Two distribution regulator stations ® Welding of high pressure steel gas pipe ® Fusion of PE distribution line ® Pressure testing of steel and PE pipe ® Excavation and installation of steel or PE pipe ® Shoring of trenches and pits above gas lines 0 Technical and maintenance support or regulator stations ® Pipeline damage repair ® Recovery from a natural disaster such as a major earthquake ® Gas system support, as needed, in the event the City does not have sufficient resources ® Specialty smoothing of two or more sharp bends in the ten-inch steel transmission line prior to the next in-line assessment to occur in 2018 or earlier 0 Obtain encroachment permit and traffic control management ® Any additional work as needed for the City's natural gas infrastructure jMail,Office: 10125 Channel Rd. Lakeside, CA. 92040 Office: (619) 390-1988 Fox: (619) 390-19,11 Inland Emr>irc;: 1 1001 Beec'rt Ave. Fantc�ni,CA. 9233? Offic:): (9511 360-1352 Fax: (951) 681-5920 i a California Contractor's License # A-486311 A Certified Minority Business Enterprise Introduction & General Scope A.M. Ortega further understands that the scope is riot limited to the above listed tasks. We are familiar with the City's project based award system, where individual projects are budgeted using the contract rates prior to the start of work on a Not to Exceed basis. Furthermore, we are accustomed to the City's procedures for inspections, Operator Qualifications review, and permitting. Main Office: 10125 Channel Rd, lakeside, CA.92040 Office: (619) 390-1988 Fax: (619) 390-1941 Inland Empire: 1 1001 Beech Ave. Fontana, CA.92337 Office: (951) 360-1352 Fax: (951) 681-5920 California Con',ac!or's License A-48631 I. c" tiff ;ci i�!in �rihy Nosiness Er t ,r-)rise Ability to Respond to Service Orders A.M. Ortega Construction, Inc., has been serving all of Southern California since 1974. At present, A.M. Ortega has 2 central office locations and 3 additional dispatch yards. Our workforce consists of over 200 field employees in both our Gas Pipeline and Conduit Divisions. Our office and administrative team consists of approximately 50 Accounting Specialists, Estimators, Project Managers, Administrative Professionals, and Senior Management roles. In addition, our Fleet Maintenance Department is fully staffed with mobile and shop based mechanics. Our Paving and Grading Divisions, based out of the Lakeside Corporate Headquarters, support Pipeline and Conduit projects throughout our service area. A.M. Ortega Construction, Inc., is prepared to field up to twenty individual crews to complete projects covered by this RFP. These crews will be compromised of International Brotherhood of Electrical Workers (IBEW), Local Union 47 and Local Union 569, and the United Association Union of Plumbers, Fitters, Welders, and Service Technicians, as well as Local Unions 250, 345, and 460. A.M. Ortega crews are composed entirely of men and women represented by these unions. Our crews would be sized according to the volume of work included in each project, and the schedule constraints of that project. In general, a crew for Gas System Construction & Repair Support would have 3 - 8 members, including: (1 ) Foreman (1 - 2) Equipment Operators (1 ) Arc Welder or Polyethylene Fuser (1) Welder's or Fuser's Helper or Apprentice (1 - 6) Underground Technicians or Metal Trades Laborers Such a crew would be provided with the following equipment: l (1 - 2) Crew Truck(s) (F-450 Utility Bed or Similar) (1) Welder's Rig (1 - 2) Backhoe Loaders (1) PE Pipe Dolly (If Needed) i (1 ) Air Compressor, 185 CFM (1) Pipe Trailer Main Office: 10125 Channel fed. Lckesidr;, CA. 92040 Office: (619) 390-1988 cax: (619) 390-1941 Inland Frnpire: 1)001 Beech Ave. Fontana, CA.92337 Office: (9.51) 360-1352 c1x: (951) 681-5920 i Californici Contractor's License rJ A- 1,8631 ? A C;e,rtifi`cl iMinorify Business Fifle prise Ability to Respond to Service Orders Additional third party dump trucks, ready mix concrete trucks, and other delivery vehicles would be employed as needed. Generally speaking, A.M. Ortega is presently able to respond to an emergent request for service in the City of Vernon with as little as one day's advance notice, provided that the project is already prepared for work, including Underground Service Alert mark-out and permitting by the City. For non- emergency work, we are able to respond to requests for budgeting within one business day; work can begin as early as 3 working days following acceptance of a budget proposal by the City and issuance of a job package and permit for construction. Throughout our 40 year history, A.M. Ortega has provided exceptional service to our utility company and private customers. Working to ensure that all our projects are completed on time and within the budget constraints provided, we have built a team of Superintendents, Estimators, Project Managers, Foreman, and field employees who are experts in the Companies' standards, municipal requirements, and safe work practices for the installation of electric and communications conduits and gas pipelines. A.M. Ortega crews are prepared to take on dry utilities construction projects from the generating station to the customer house connection anywhere in the Southwest. With completed projects at every level of complexity, from riser replacements, customer secondary connections, and telecommunications service conduits to complete Rule 20A Distribution Conversions, Underground Electric Transmission duct bank projects, high pressure steel pipeline installations, and plastic main replacements with service tie-overs, as well as new development construction, A.M. Ortega crews have the experience necessary to continue to provide exceptional quality and on time completions for projects in Southern California and beyond. t a i Main Office: 10125 Channel Rd. Lakeside, CA. 92040 Office: (619) 390-1988 Fax: (619) 390-1941 Iniancl Empire: 1 1001 i3e,c;cii Ave. For liana, CA. 92337 Office: (9 51) 360-1352 Fax: (95I) 681-5920 CALIFORNIA CONTRACTOR'S LICENSE N A-486311 Rates valid through December 31st,2.016 Labor and Equipment Rates - City of Vernon General Conditions: **4 Hour Minimum for all Labor and Equipment**Equipment Delivery Time is Billable ** **All billings shall be portal to portal from the time of dispatch to the return to the location of dispatch. **Workmen called out from home shall be billable until time of return home. **The Customer shall bear all responsibility for permits, authorizations, rights of entry,plans,specifications, and direction of the work,and shall be responsible for the cost of same. *All crews composed of workmen covered by these rates shall include a Foreman. **The selection of the Foreman shall be made by A.M. Ortega based on the type of work performed. *"Teeth, Cutting Edges, and Consumable Parts are shall be considered billable. **Standard rates are for the first 8 hours of the work day, starting and ending between 7:00 AM and 5:00 PM Monday to Friday. **Time and a Half rates are for work from the 8th to the 12th hour of the work day,and for work starting between 5:00 and 9:00 PM Monday to Friday,or 7:00 AM and 5:00 PM on Saturday. **Double Time rates are for work after the 12th hour in a single day,and for work starting after 9:00 PM or before 7:00 AM Monday to Saturday, and on all Sundays and Holidays. **It is assumed that a single crew will carry a job to completion- crews will not be rotated during an active job. Labor bate Superintendent/General Foreman/Manager- Standard $ - 130.84 HR !Superintendent/General Foreman/Manager-Time and Half $ 187.77 HR Superintendent/General Foreman/Manager-Double Time $ 226.48 HR Pipeline Foreman(UA 250) - Standard $ 117.68 HR ;Pipeline Foreman(UA 250) -Time and Half $ 161.01 HR Pipeline Foreman(UA 250) -Double Time $ 204.34 HR ,Welder,High Stress (UA 250)-Standard $ 110.71 HR Welder,High Stress (UA 250)-Time and a Half $ 150.57 HR Welder, High Stress (UA 250)-Double Time $ 190.42 HR !Welder's Helper/Pipe Fitter/Laborer- Standard $ 80.59 HR I Welder's Helper/Pipe Fitter/Laborer-Time and a Half $ 106.45 HR (Welder's Helper/Pipe Fitter/Laborer-Double Time $ 132.20 HR Operator(Including Oilers) - Standard $ 74.27 HR Operator(Including Oilers) -Time and a Half $ 106.66 HR `Operator(Including Oilers) -Double Time $ 139.05 HR ruck Driver/Mason/Carpenter/Flagman- Standard $ 59.77 HR Truck Driver/Mason/Carpenter/Flagman-Time and Half $ 84.99 HR 'Truck Driver/Mason/Carpenter/Flagman-Double Time $ 110.73 HR _ ason/Carpenter/Laborer Foreman - Standard $ 80.20 HR ason/Carpenter/Laborer Foreman -Time and a Half $ 115.53 HR ason/Carpenter/Laborer Foreman -Double Time $ 150.90 HR San Diego: 10125 Channel Road * Lakeside, CA 92040 * Ph (619)390-1988 * Fax (619) 390-1941 Inland Empire: 11001 Beech Avenue * Fontana, CA 92337 * Ph (951) 360-1352 * Fax(951) 681-5920 A'S I&A�V__ CALIFORNIA CONTRACTOR'S LICENSE It A-486311 Rates valid through December 31st,2016 Labor and Equipment Rates - City of Vernon Equipment Description (Brand Name Equivalents) Rate-Bare Air Compressor < 180 CFM( $ 15.00 HR Air Compressor 180 CFM-290 CFM( $ 21.00 HR Air Compressor 300 CFM( $ 36.00 HR Air Compressor > 300 CFM( $ 61.01 HR Air Tools 30 Lb. Hammer(Clay Spade)( $ 9.25 HR Air Tools 60 Lb. Hammer( $ 9.25 FIR -Air Tools 90 Lb. Hammer( $ 9.25 HR Air Tools Air Tamp (Powder Puff)( $ 9.25 HR Air Tools Chipping Gun( $ 9.25 HR Air Tools Miscellaneous $ 9.25 HR Air Tools Pneumatic Boring Device (Mote) 2"( $ 9.25 HR Air Tools Pneumatic Boring Device (Mote) Y( $ 9.25 HR Air Tools Pneumatic Boring Device (Mole) 4"( 9.25 HR Air Tools Pneumatic Boring Device (Mole)Motor( 9.25 FIR Air Tools Sandblasting Pot( $ 9.25 HR Arrowboard Towable Standard( $ 12.00 HR Arrowboard Changeable Message Sign, Digital( $ 20.25 HR Arrowboard Changeable Message Sign, Standard( $ 20.25 HR Backhoe Compaction Wheel $ 24.50 HR Backhoe Breaker Attachment $ 34.50 HR Backhoe Viber Plate Attachment( $ 34.50 HR Backhoe Compact(CAT:416 or JD:3 10 $ 42.00 HR Backhoe Standard(CAT:420 or JDA 10 or Case: 5 80 ) $ 48.00 HR Backhoe Large(CAT:450orJD:7l0 _$ 85.00 HR Boom Trick 10 Ton( $ 58.55 HR Boom Truck 25 Ton( $ 68.55 HR Cold Planner Wirtgen w/Conveyor( $ 325.00 HR Dozer 70HP(CAT:D3 or JD:450 or Case: 550 ) $ 33.68 HR Dozer 92HP(CAT:D4 or JD:550 or Case: 750 ) $ 40.63 HR Dozer 104HP(CAT:D5 or JD:650 or Case: 850 ) $ 58.30 HR Dozer 125HP(CAT:D6 or JD:750 or Case: 1150 ) $ 75.75 HR Dozer 247HP(CAT:D7 or JD:950 $ 129.92 HR Dozer 335HP(CAT:D8 or JD:1050 $ 173.80 HR Dozer Sideboom, Small(CAT:D3 or JD:450 ) $ 73.68 HR Dozer Sideboom,Large(CAT:D5 or JD:650 ) 98.30 HR Dump Truck 2 Yard( 32.00 FIR IDump Truck 5 Yard (Bobtail)( S 40.00 HR CALIFORNIA CONTRACTOR'S LICENSE It A-486311 Rates valid through December 31st,20:16 Labor and Equipment Rates ® City of Vernon Equipment Description (Brand Name Equivalents) Rate- Bare Dump Truck 10 Yard(Ten-Wheel)( ) $ 50.00 HR Excavator 2000 LB. Machine(CAT:300.9 ) $ 23.36 HR Excavator 3200 Lb. Machine(CAT:301.4 ) S 24.36 HR Excavator 3800 Lb. Machine(CAT:301.7 or JD:17 or Case: CX17 ) $ 24.36 HR Excavator 5100 Lb. Machine(CAT:302.4 ) $ 26.86 HR Excavator 5800 Lb. Machine(CAT:302.7 or JD:27 or Case: CX27 ) $ 29.36 HR Excavator 7500 Lb. Machine(CAT:303 or JD:35 or Case: CX31 ) $ 31.50 HR Excavator 8500 Lb. Machine(CAT:304 or Case: CX36 ) $ 34.07 HR Excavator 10000- 11500 Lb. Machine(CAT:305 or JD:50 or Case: CX55 ) $ 44.78 HR Excavator Compaction Wheel ( ) $ 65.00 HR Excavator Breaker Attachment( ) $ 85.00 HR Excavator Viber Plate Attachment( ) $ 85.00 HR Excavator 18500#(CAT:308 or JD:75G or Case: CX75 / CX80 ) S 85.87 HR Excavator 30000#- 33000#(CAT:311/312/314 or JD:130/135 or Case: CX 130/CX 145 ) $ 107.49 HR Excavator 41000#(CAT:318 ) $ 118.42 HR Excavator 38800#(CAT:316 or Case: CX160 ) $ 120.53 HR Excavator 50000#- 55000#(CAT:323/321/320 or JD:210/245 or Case: CX 225 ) $ 147.24 HR Excavator 64000#- 70000#(CAT:326/328/329 or JD:290 or Case: CX 330 ) $ 153.22 HR Excavator 80000#- 90000#(CAT:336 or JD:350 or Case: CX350 ) $ 171.13 HR Excavator 120000#(CAT:345/349 or JD:470 or Case: CX370 ) $ 210.22 HR Excavator 150000#(CAT:374/385 or JD:670 or Case: CX700 ) $ 333.76 HR Forklift 5K Fixed Mast( ) $ 30.78 HR Forklift 5K Reach Lift(CAT:255C ) $ 41.02 HR Forklift 10K Reach Lift(CAT:1055 ) $ 64.55 HR Forklift 12K Reach Lift(CAT:1255 ) $ 67.11 HR Mechanical Tools Stress Relief Equipment( ) $ 9.25 HR Mechanical Tools Dead Weight Test Device( ) $ 21.95 HR Mechanical Tools Recording Clock( ) $ 21.95 HR Motor Grader Standard(CAT:140 ) $ 99.44 HR CALIFORNIA CONTRACTOR'S LICENSE N A-486311 Rates valid through December 31st,20:1.6 Labor and Equipment Rates - City of Vernon Equipment Description (Brand Name Equivaleliits) Date -Bare Paving Machine Tack Sprayer/Emulsion Pot( ) $ 24.25 HR Paving Machine Power Scrced( ) $ 33.45 HR _ Paving Machine Small - Trench Paver or Leeboy( ) $ 71.00 HR Paving Machine Spreader, Layton( ) $ 71.00 HR Paving Machine Medium - 6' Gates( ) $ 101.00 HR Paving Machine Large - Highway Class Paving Machine( ) $ 141.00 HR Pickup 1/2 Ton 4x2( ) $ 12.00 HR Pickup 1/2 Ton 4x4( ) $ 13.00 HR Pickup 3/4 Ton 4x2( ) $ 15.00 HR Pickup 3/4 Ton 4x4( ) $ 16.00 HR Power Tools Air Blower( ) $ 9.25 HR Power Tools ARC Welder, Small, 120AMP( ) $ 9.25 HR Power Tools Chain Saw( ) $ 9.25 HR Power Tools Concrete Cutoff Saw, Hand( ) $ 9.25 HR Power Tools Generator, Small( ) $ 9.25 HR Power Tools Holiday Detector( ) $ 9.25 HR Power Tools Misc. Powered Tool, Electric ( ) $ 9.25 HR Power Tools Pipe Locating Devices( ) $ 9.25 HR Power Tools Sprague Test Pump( ) $ 9.25 HR Power Tools Water Pump, Trash, < 3" Line( ) $ 9.25 HR Power Tools ARC Welder, Large( ) $ 16.25 HR Power Tools Concrete Saw, Walk Behind,<1 OHP( ) $ 16.25 HR Power Tools Generator, Large( ) $ 16.25 HR Power Tools Misc. Powered Tool, Gas or Diesel( ) $ 16.25 HR Power Tools Tapping Machine, PE( ) $ 16.25 HR Power Tools Viber Plate Compactor( ) $ 16.25 HR Power Tools Wacker Compactor(Jumping Jack)( ) $ 16.25 HR Power Tools Water Pump <4" Line( ) $ 16.25 HR Power Tools Concrete Saw, Walk Behind,>1 OHP( ) $ 21.25 HR Power Tools High Torque Machine( ) $ 26.25 HR Rigging Lowering Cradle <20"( ) $ 9.25 HR Rigging Pipe Roller<20"( ) $ 9.25 HR Rigging Lowering Cradle <48"( ) $ 16.25 HR Rigging Pipe Roller<48"( ) $ 16.25 HR Roller 3-5 Ton( ) $ 30.00 HR Roller 5-8 Ton( ) $ 45.00 HR Roller RTR( ) $ 55.00 HR Semi Truck Tractor( ) $ 30.00 HR 4 ffi��009 a a a 3 a ai ®j' CALIFORNIA CONTRACTOR'S LICENSE 8 A-436311 Rates valid through December 315t,2016 Labor and Equipment Rates e City of Vernon Equipment Description (Brand dame Equivalents) Date m Bare Semi Truck Volumetric Mixer Truck ( ) $ 85.00 HR Skid Steer Breaker Attachment( ) $ 16.25 HR Skid Steer Cold Plane/Grinder Attachment( ) $ 16.25 HR Skid Steer Digging Attachment( ) $ 16.25 HR Skid Steer Mower Attachment( ) $ 16.25 HR Skid Steer Sweeper Attachment( ) $ 16.25 HR Skid Steer< 1350#(CAT:216 or JD:313 or Case: SR130 or Bobcat: 5130) $ 26.00 HR Skid Steer 1350-1600#(CAT:226 or JD:315 or Case: SR150 or Bobcat: 5770) $ 29.50 HR Skid Steer 1750-2000#(CAT:236 or JD:318 or Case: SVI85 or Bobcat; 5510) $ 33.50 HR Skid Steer 2000#-2200#(CAT:242 or JD:320 or Case: SR200 or Bobcat: 5530) $ 36.00 HR Skid Steer 2200#-2700#(CAT:252 or JD:326 or Case: SV250 or Bobcat: S590) $ 39.50 HR Skid Steer 2700#-3150#(CAT:262 or JD:328 or Case: SV300 or Bobcat: 5650) $ 43.50 HR Skid Steer>3150#(CAT:272 or JD:332 or Bobcat: 5750) $ 46.00 HR Skip Loader Standard( or JD:210 or Case: 570 ) $ 35.25 HR Traffic Control Beacon for Barricade( } $ 0.75 DAY Traffic Control Cone/Deliniator/Channelizer( ) $ 1.25 DAY Traffic Control Sign for Barridcade( ) $ 1.25 DAY Traffic Control Barricade, Type I( ) $ 1.50 DAY Traffic Control Barricade, Type II( ) $ 2.00 DAY Traffic Control Barricade, Type I,Beacon( ) $ 2.25 DAY Traffic Control Barricade, Type I, Sign( ) $ 2.75 DAY Traffic Control Barricade, Type II,Beacon( ) $ 2.75 DAY Traffic Control Barricade, Type II, Sign( ) $ 3.25 DAY Traffic Control Barricade, Type III( ) $ 5.00 DAY Traffic Control Barricade, Type III, Beacon( ) $ 5.75 DAY Traffic Control Barricade, Type III, Sign( ) $ 6.25 DAY Trailer Equipment, Heavy Duty(Bacldioe)( ) $ 15.00 HR Trailer Equipment, Light Duty( ) $ 15.00 HR Trailer Misc. (Landscaping)( ) $ 15.00 HR Trailer Misc. 1 Axel No Equipment( ) $ 15.00 HR Trailer Pipe Dolly(Reel Trailer)( ) $ 15.00 HR Trailer Pole Trailer( ) $ 15.00 HR CALIFORNIA CONTRACTOR'S LICENSE It A-486311 Rates valid through December 31st,2016 Labor and Equipment Rates - City of Vernon Equipment Description (Brand Name Equivalents) �P � Rate-Bare Trailer Utility( ) $ 15.00 HR Trailer Light Tower( ) $ 16.25 HR Trailer Water Tank 500-750 Gal. ( ) $ 24.25 HR Trailer Small Dump Trailer( ) $ 30.00 HR Trailer Vacuum Pump 500-800 Gal. ( ) $ 39.25 HR Trailer Flat Deck (40' Semi)( ) $ 85.00 HR Trailer Low Bed (3 Axle Equipment Semi)( ) $ 85.00 HR Truck,Flatbed 1 Ton 4x2( ) $ 16.75 HR Truck,Flatbed I Ton 4x4( ) $ 26.00 HR Trucic, Flatbed 2 Ton 4x2( ) $ 30.00 HR Trick, Flatbed 2 Ton 4x4( ) $ 31.00 HR Trick,Utility Bed 1 Ton (Standard Crew Trick)( ) $ 23.00 HR ITruck,Utility Bed 2 Ton ( ) $ 29.00 HR Trick,Utility Bed Mechanic's Truck ( ) $ 36.50 HR Water Truck 2000 Gal 4x2( ) $ 36.00 HR Water Truck 2000 Gal 4x4( ) $ 68.00 HR Water Truck 4000 Gal 4x2( ) $ 60.00 HR Water Truck 4000 Gal 4x4( ) $ 65.00 HR Water Truck 4000 Gal 6x6( ) $ 75.00 HR Water Truck 5000 Gal Tanker( ) $ 125.00 HR Welding Rig Oxy/Ace. Welder( ) $ 27.00 HR Welding Rig Plastic Fusion Specialist( ) $ 27.00 HR Welding Rig ARC Welder( ) $ 37.00 HR Wheel Loader 0 - 2 YD(CAT:924 or JD:444 } $ 65.00 HR Wheel Loader 2 -4 YD(CAT:966 or JD:744 ) $ 95.00 HR iWheel Loader 4 - 6 YD(CAT:980 or JD:844 ) $ 125.00 HR Additional Notes Equipment shall be billed according to the rated capacity or known determining factor,such as operating weight, horsepower, or functional output. Model numbers are listed by way of example only, and should be considered as demonstrative,not exclusive. Items not listed shall be billable at rate found in the most current edition of the Caltrans Equipment Rental Rates and Labor Surcharge handbook for that item of equipment. California Contractor's License # A-486311 Key Personnel Experience & Qualifications Archie Maurice Ortega - President and Owner With over 40 years of underground utility construction experience, Mr. Ortega continues to lead A.M. Ortega forward in providing high quality, on time service to our utility and private customers. 1974-1985 A.M. Ortega Construction, Inc. ® Lead both field and office divisions ® Estimated and Managed Utility Projects Owner in San Diego and Riverside Counties President 1985-Present A.M. Ortega Construction, Inc. Terry Ward -Senior Estimator Mr. Ward brings more than 20 years of construction estimating experience to every project that he bids and manages. Along with this experience, his service in the United States Air Force and his education from the University of Arizona make him a leader in underground utilities project management. 1977-1982 United States Air Force 1991-1997 J.M. Scibillia, Inc. Paving Estimator 1997-1999 Mcdowell Corp. Grading Estimator 2000-2005 Volvo Construction Equipment Sales Engineer 2005-2010 Schilling Corp. Underground Estimator 201 O-Present A.M. Ortega Construction, Inc. Senior Estimator Steven Wood- Estimator/ Project Manager Mr. Wood brings a diverse collection of education and management experience, along with 4 years of estimating and leading underground and overhead utility projects in the Southern California region as he continues to bid and manage projects for all types of underground dry utilities construction. 2010-2014 PAR Electrical Contractors, Inc. Project Coordinator 2014-Present A.M. Ortega Construction, Inc. Estimator/Project Manager Cruz Garcia - Estimator/ Project Manager Mr. Garcia has decades of experience leading complex projects involving hundreds of employees which he brings to each and every project he manages. In conjunction with the superintendents, Mr. Garcia leads projects in grading, paving, and site preparation and restoration. 2000-2014 Sony Computer Entertainment Various Positions 2014-Present A.M. Ortega Construction, Inc. Estimator/Project Manager Main Office: 10125 Channel Rd. Lakeside,CA.92040 Office: (619) 390-1988 Fax: (619) 390-1941 Inland Empire: 1 1001 Beech Ave, Fontana,CA.92337 Office: (951) 360-1352 Fax: (951) 681-5920 California Contractor's License # A-486311 Key Personnel Experience & Qualifications Gregory Woodworth - Paving Department Manager Mr. Woodworth has decades of experience managing and supervising paving and concrete restoration projects throughout Southern California. 1995-2006 J.F. Teleda Compqnv Estimator/Project Manager 2006-Present A.M. Ortega Construction, Inc. Paving Dept. Manager David Hitzeman -General Superintendent David Hitzeman brings more than 30 years of underground utility construction experience in his leadership of A.M. Ortega's field operations. Supervising multiple projects and foreman, Mr. Hitzeman has a long history of successful projects. 1983-1996 A.M. Ortega Construction, Inc. Foreman 1996-Present A.M. Ortega Construction, Inc. Superintendent Chuck Steadward - Superintendent Over 30 years of diverse underground utilities construction experience in Southern California makes Chuck Steadward a valuable asset to A.M. Ortega and our customers. 1982-1990 Alex Robertson 1990-2000 Herman Weissiker 2000-2004 Doty Brothers 2004-2011 Hood Corporation 2011-2014 Southwest Administrators Superintendent 201 4-Present A.M. Ortega Construction, _InC. Superintendent Tony Luck-Superintendent Mr. Luck, with 3 decades of experience working with Estimators, Project Managers and field crews on projects large and small, serves as A.M. Ortega's Grading Department Superintendent. 1986-2006 Erreca's ,Inc. Foreman 2006-2007 Richmond American Homes Superintendent 2007-2010 Retail Development Advisors Superintendent 201 O-Present A.M. Ortega Construction, Inc. Superintendent Main Office: 10 125 Channel Rd. Lakeside,CA. 92040 Office: (619) 390-1988 Fax: (619) 390-1941 Inland Empire: 11001 Beech Ave. Fontana, CA.92337 Office: (951) 360-1352 Fax: (951) 681-5920 California Contractor's License # A-4863'l I Key Personnel Experience & Qualifications Thomas Graham ®Superintendent For the last 35 years, Mr. Graham has demonstrated exceptional talent in underground utilities construction leadership. 1978-1994 Hood Corporation Foreman Superintendent 1994-2004 De La Cruz Pipeline / Mueller Pipeline ® 1994-1997 -Superintendent ® 1997-2004 General Manager 2004-Present A.M. Ortega Construction, Inc. Superintendent Derek Sexton -Superintendent, Gas Distribution Derek Sexton contributes over 14 years of diverse knowledge and experience in several areas, including, Superintendent, Operator functions and Welding. Mr. Sexton consistently delivers outstanding performance and expertise in his field. 2002-2006 A.M. Ortega Construction, Inc. Foreman Superintendent 2006-2015 Northern Pipeline Truck Driver, Fitter Operator & Foreman Gas Welder & Safety Auditor Employee Development Trainer General Superintendent - Gas 2015-2016 A.M. Ortega Construction, IniC., Superintendent- Gas Distribution Main Office: 10125 Channel Rd. Lakeside,CA.92040 Office: (619) 390-1988 Fax: (619) 390-19,11 Inland Ernpire: 11001 Beech Ave. Fontana, CA. 92337 Office: (951) 360-1352 Fax: (951) 681-5920 California Contractor's License E>= A-48631 1 City of Vernon Projects Please find listed below a selection of projects A.M. Ortega completed for The City of Vernon in the last few months. Please note that this list is not exclusive, and has been selected to demonstrate our experience with the City's facilities and the various types of work performed by the contractor under this agreement. 4510 Alameda Street Install Services by Pneumatic Bore (July 2015) 2740 Bandini Blvd Install 2" PE for Commercial Service (April 2015) 2626 E. 251h Street Remove and Replace MSA (August 2015) E. 52nd and Mayflower Ave. Install Service Stubs to Apartment Complex (November 2014) I Main Office: 10125 Channel Rd. I akeside,CA.92040 Office: (619) 390-1988 Fax: (619) 390-1941 inland F_n»ire: 1 1001 Beech Ave. Fontana, CA.92337 Office: (9:51) 360-1352 Fax: (951) 681-5920 i I California Contractor's License # A-48631 1 Medium and Large Diameter Pipelines Recent Projects Please find listed below a selection of projects A.M. Ortega completed for Utility customers between 2010 and the present. Please note that this list is not exclusive, and has been selected to demonstrate our experience with natural gas pipelines of varying diameters. Southern California Gas Company- USC Relocation Project, Los Angeles, CA. 1500' of 8" PE and 65' of 10" Steel Main Replacement with Commercial Services (Ongoing) Southern California Gas Company - 20th Street and Ave. I, Lancaster, CA. 10", 6" and 4" Drop Sections (September 2015) San Diego Gas and Electric Company- Bear Valley Parkway 16" Installation 2900' of 16" Steel High Pressure Main (August 2015) Southern California Gas Company - PSEP SL 36-1032 Section 2, Lompoc, CA. 2000' of 10" Steel High Pressure Main (May 2015) Southern California Gas Company- PSEP L-1013, Brea, CA. 140' of 24" Steel High Pressure Main (February 2015) Southern California Gas Company - PSEP SL 36-1032 Section 1 , Lompoc, CA. 500' of 10" Steel High Pressure Main (July 2014) Southern California Gas Company -Stallion Springs, Tehachapi, CA. 21,000' of 10" Steel High Pressure Main (July 2012) Southern California Gas Company- Monterey and Gerald Ford Palm Desert, Rancho Mirage, CA. 8,300' of 6" Steel High Pressure Main (March 201 1) iMciin Office: '10125 Chemnel Rd. Lakcside, CA. 920/10 Office: (619) 390-1988 Fax: (619) 390-i941 Inland Empire: 11001 Beech Ave. f=r nfcinci, CA, 92JJI Office: (95I) 36C- 352 Fax: 1951) 681-.5920 NNO` O 'TR LO o rn 0 10 CD x O O� U o C7 J 4 co I-, d- d- u- NNd- N ° n L? N N wT j— ONMf1, N � CO LO - 0000 uj N 00 O� O .0 �O I, 'It N Lr) G- -? LC? O O, LO 00 D` 00 Ln O < r 00 rn N CDU I� O rn O N o0 0, cn t� 00 d vi U y C u LO U C% ON a� Q, 00QUmN s., w.. N LO 0, O K 3 V) ® c J 0 -0 r, N L- o Cl) N p O O I- U ;1 Z3 `� cr? '- O � J U X .> X p N y O O O _ c mN mUcNo t3 0 � Q r CN � cl� cn -cj > x ry .T - 0 (I> O O U u C7 L N _ _) c� i { `n C) (j)U ai O O N - CN O .N O Q ii U C ? c� `- O p 0 0 � > -i = v) Ucn c. I AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR S7477s CIF Ci1LIFORNIII },S'S COUNTY OF LOS ANGELESJ Terra Chiaramonte , being first duly sworn deposes arl(I says that he/she is Corporate Secretary (Insert"Sole owner" "Pat lnCr" "President","Seerct ty",or outer proper title) - of A.M. Ortega_Construction,Inc. (Insert name or bidder) who submits herewith to the City or Vernon a proposal; That all statements of tact in such proposal are trite; That SdICh proposal was not made in the interest of or on behalf of any undisclosed person, Partnership,company, association,organization or corporation; That Such proposal is genuine and not collusive or sham; Thal said bidder has not,directly or indirectly by agreement, communication or conference with anyone Attempted to induce action prejudicial to the interest of the City of Vernon,or of any other bidder or anyone else interested in the proposed contract; and Fiu•tiler That prior to the public opening and reading of proposals,said bidder: a. Did not directly or indirectly, induce or solicit anyone else to submit a False or sham proposal; b. Diet not directly or indirectly, collucle,conspire,connive or agree with anyone else that said bidder or anyone else would submit a false or sham proposal, or that anyone should refrain from bidding or withdraw his proposal; c. Did not, in any manner, directly or indirectly seek by agreement,communication or conference with anyone to rase of fax the proposal price of said bidder or of anyone else, or to raise of fix any overhead profit or cost clement of this proposal price,or of that of anyone else; cl, Did not,directly or indirectly, submit his proposal price orally breakdown thereof;or the contents thereof, or divulge information or data relative thereto, to nay corporation, partnership, company, association,organization, bid depository,or to any member or agent thereof,or to ally individual or group of individuals,except the City of Vernon,or to any person or persons who have a partnership or other financial interest with bidder in his business. I Certify under penalty of perjury that the above information is correct By: P C--/T'\ �%�_ Title: Corporate Secretary _ r if e; Feb. 10, 2016 7r California Contnao|or's License # A~i863| l /\ CediOad Minohty Business EnteOorbe V. Department of Industrial Relations Registration uotaxo Legal Maine �t n `'County CKy - Registration Expiration womuor Uom Date Ne� A.m.oRTE5A CONSTRUCTION INC. z000004691 smvcuseo LAKESIDE 08/31/2015/06/30/2016. ----_--__'-_----_ __-__---------_---- _-_- ' _-'___---- --___'--_-_ _. -__--------__ / l 1En�tv fo m�on Workers' Compensation ' Legal Name Legal Entity Type A.M. OuTEGA CONSTRUCTION INC. CORpom»Tzmm ' Trade Name mJ«enseNuumber{s} C3L8 :486311 Mailing Address | z0z25 CHANNEL RD LAKESIDE , CA92o*o Physical Address zOzl5 CHANNEL KD LAKESIDE , CAQ2O4O Email Address l0F0@ AMORTE6A.COM � / | ! | i / Main Office: l0l26 Channel Rd. Lakeside,CA. 92O40 OMice� (6lY) 39O'l908 Fox (619)3901941 ! Inland Empire: ||0Ol Beech Ave. Fontana,CA.92337 Office: (951) 360-1852 Fox: (951) 681-5920 ' ! | ' California Contractor's License 0 A-486311 Safety Program and Statistical Information for Requests for Proposal 30 July 2015 To Whom It May Concern: Thank you for the opportunity to submit a proposal for the construction of your project. In accordance with your instructions, we are pleased to provide this document which summarizes our Construction Safety program and provides relevant statistics about injuries, illnesses, and OSAH Recordable Incidents throughout the company. 1. OSHA 300 Logs from 2014, 2013, 2012, and 2011 2. Summary of all OSHA Citations in the last 5 years 3. Experience Modification Rates for 2014, 2013, and 2012 4. Corporate Safety Program Summary Sheet Please do not hesitate to contact the Estimator/Project Manager for this proposal if you should have any questions or concerns regarding these documents, or any aspect of A.M. Ortega's proposal. Main Office: 10125 Channel Road *Lakeside,CA 92040 *Ph(619)390-1988 *Fax(619 390-1941 Inland Empire: 11001 Beech Avenue *Fontana,CA 92337 *Ph(951)360-1352 *Fax(951)681-5920 m m y a ^ _� d� °.a• id O O G rn a yD0 Q N � ? R c cn o 03 °R{ Ela. C N R s. N o a w o .N a ow f0 ® Fd m'a r 8 rn v w o _ O' m o- �^m M ❑ �p� � W W N 0 P y��' � ^Ov � �• � ° .may r°y O WC J n4 W Boa 6 ao"� Do � Cro R � '➢ in -fDi � vi� m N ro ®' P ti m O ro aCc) ro pO t w �• oc�^ o•,c o m _ CD CoA C mcro0 3 m ro 3' CC N O. g TK N nroi H �a m o m�mk9 "S a �% P. A F� N d 33rp ;' v v p Ir c `g a N m vi co •e y a... ai s td ° 3a R v I N a ��ma ID 1f��^'a N ➢ct ;lrnV V, ° H o rr 9 ww m PA li. w pp 4 d N r'J� ^ �q•� L � � � � I '"fit ,,,,I a � a ° x P� 13 a x� .a 6G s a.a o i „ o Cb R 17 •' p a T.� �C rA n� � .... a-• w A 2 s g 5 nT 3 t¢ O 6 n N -M O � 1 b N m o 0.p �; < ?y;iv ao S' R. O+.OV N� O, r4, �• H O o+ uSN ro ? fpy i n+rs e.uG• O 10 W O N 0-r• O i, O a 7 " roa P. y r •6 M H Ow W i' ��1 a A;G api 0 M C O•q p_c b s, -4 5 y a m i' y6=4g0 ro O O Oo O •G "+ N N O OGiID W �� I a `6 N vC� N�• 4roi N' i ® O ID A� O Al IDcr N b o F~, o o. w N p ` as a a fi C: rn o EF e y c ro a a tl O `t M O N C r o y �" Q (.S m El 9a ^ 9 �`o q 2 II =o � QcQ• o aro II� pa O O a x�o w x u ro o 0 �o m ID s a � ft o 'm y o a r � a g• fi. c m• ;; 00�� 3 0� 0 �y iG � O I• �U a ro N Ql n� ro from ry y N Q c fo On 0 `t O tq N t: 7'f!�j W = o a aroma a c <00 p b'9 N O NC�'�., O y } .. .7 t» .,�te, — -. O•tP O bWp� O A d Gam,' ;a d y r ^� OJ !> b.:,to !n •� "R fe Q1 C7 W � ;r ! fD CD 03 y aCD CL cr y x vo d q 5. C ?4 N p i'n a v q ro c f np. fie N ry o c n i N m RE o ' o D �••1 ','ti Pam' �' N � m -fD rr c �' •la n tl H W o � a� cr ry � t=t ' cr 11 o yN §: a 00 �n R _ R. w . A Eo �a 2o� ° ¢y B H £ o x c ('a1'cr a UQ CD b� S m 2 x t I C '' R in r R yg �t UP a a� a a o 0 G n ' fn o w vu CJ Up9 N .,a CD m MY o 3 ° INS P:g: ID C w Cam}' to C Wryd � a � Orn N g•� Uq < tv N U ti O C I W d CD 00 c � m KIM California Contractor's License k A-486311 Safety Program and Statistical Information for Requests for Proposal Summary of OSHA Citations: 2010 to Present A.M. Ortega Construction, Inc.,has received only 1 notice of violation or citation from OSHA in the last 5 years. This Citation is summarized below. Date: 6/9/2014 Inspection Number 3 173 87249 Summary of Citation: This Citation was issued when a crew foreman was unable to locate a set of required documents in order to present them to the OSHA inspector during an inspection. The documents were located after the fact, and the citation was issued for the foreman's inability to locate the documents at the time of the inspection. A.M. Ortega did not contest the citation. Main Office: 10125 Channel Road *Lakeside,CA 92040 *Ph(619)390-1988 *Fax(619 390-1941 Inland Empire: 11001 Beech Avenue *Fontana,CA 92337 *Ph(951)360-1352 *Fax(951)681-5920 IDGE h'j SUF ANC:-'F SF_RViC.E S 10717 Sorrento Valley Road / San Diego, California 92121 / License #0827781 / 858-452.2200 / 800-223.6756 / Fax 858.452-6004 September 15, 2015 Ray Duncan A.M. Ortega Construction, Inc. 10125 Channel Rd Lakeside, CA 92040 Ile: Workers Compensation Experience Modification Dear Ray, Please be advised that the WCIRB indicates that your Experience Modification rate for the last three years is as follows: 2015 - 123% 2014 m 95% 2013 - 93% Should you have any questions, or require any additional information, please do not hesitate to call. Thank you! Sincerely, 4(jo�- Heather Wirsig, CISR WATERIDGE INSURANCE SERVICES 7 I i\lSU lyANCE t R1) KE I',,S License No. OA99520 450 B Street, Suite 1800 San Diego, CA 92101-8005 Tel. 619.234.6848 o Fax 619.234.8601 o Web www,cavignac.com November 18, 2015 A.M. Ortega Construction, Inc. 10125 Channel Rd. Lakeside, CA 92040 Re: California Workers Compensation Experience Modification Dear Mr. Duncan: The purpose of this letter is to provide information regarding the A.M. Ortega California Experience Modification Rating effective 10/01/2015. That rating has published at 123%.This is an increase over the 2014 rating.There are two factors driving the increase in the rating. First, Expected Losses have dropped significantly from the 2014 rating to the current one. Expected Losses are determined by multiplying payroll by the Expected Loss Rate (ELR)assigned to each class code. Both payroll and ELRs have dropped from 2014 to 2015, causing Expected Losses to go down. When Expected Losses go down the rating will go up, even if claims remain flat. Expected Loss Rates are determined by the WCIRB and are not a controllable variable. The other main factor driving the rating up in 2015 is loss development. There are a few claims that occurred in the 2011 policy year which have grown to be bigger than anticipated due mostly to claim litigation. The size of these claims is not indicative of severe injuries, poor safety practices, or an increase in claim frequency, but is nevertheless having the effect of driving Actual Losses up.When Actual Losses go up and Expected losses go down, the rating will go up. A.M. Ortega has recently partnered with Cavignac&Associates and Travelers Insurance to put into place even better human resources, safety, and claims management practices than they already employed. We expect this will have an immediate effect on A.M. Ortega's loss experience both in terms of decreasing new claims and in preventing litigation on existing claims, and we will begin to see the rating go back down despite declining Expected Losses and loss development on existing claims. Just a few of the enhanced risk control measures A.M. Ortega has implemented or is in the process of implementing are: Formal First Aid Program New Medical Clinic Relationship Aggressive Return to Work Program Updated Incident/Accident Response Protocol Claim Management Protocols Enhanced Safety Training Tracking System Updated Written Safety Programs Enhanced Hazard Communication and Correction Expanded New Hire and Employee Safety Training New Hire Screening Processes Additional Safety Personnel ©Cavignac 8,Associates—License No.OA99520 1 Rev.0413 We expect that the rating will begin to go back down in 2016, and that the above control measures will continue to have a positive impact on the rating going forward. If you require further information, please don't hesitate to contact me. Sincerely, Meghan Dickerson, CET Workers Compensation Risk Advisor direct line: 619-744-0571 fax line: 619-234-8601 e-mail: ead cr ylSn orn ©Cavignac&Associates—License No.OA99520 2 Rev.0413 I' w A � ®4• ®a AMO SAFETY MINIVAN WITH SAFETY ENGINEER Safety is the No. #1 priority for AMO. The ultimate AMO safety goal is that all employees, subcontractors, suppliers, clients, customers and the surrounding general public on any given Project go home to their families EACH and EVERY evening the same way they started the day. As part of this company value, AMO has deployed a Safety Engineer for each region AMO operates in to maintain and reinforce this high level of Safety awareness. The Safety Mini- Van has a GPS system that notifies AMO management of its real time location. For environmental considerations, the AMO Safety vehicle was converted from a '/2-ton full size 8-cylinder pick-up truck to a mini-van with a 4-cylinder engine, burning an estimated 65% less fuel. The Safety Mini-Van is stocked with the usual and customary Safety consumables and training supplies that are needed on each jobsite every day. In addition, the Safety Mini-Van is equipped with the following equipment to assist our Safety Engineer to perform his duties: ® Laptop Computer with internet access for research and electronic communications. ® Copier/Scanner for immediate onsite data conversion and dissemination. ® Video camera for field recording documentation and review. ® Cellphone for constant and uninterrupted communications with field crews and AMO headquarters. While Safety is everyone's responsibility on a jobsite from laborer trainee to experienced superintendent, the Safety Engineer has express delegated authority from AMO senior management to "shutdown" any jobsite or work related activity due to any Safety related observation, issue or concern. This special supplementary Safety service provided by AMO is at no-cost to Customer as part of the standard provision of any type of contractual compensation (lump-sum, rate schedule, unit price) in the performance of Services by AMO. Main Office: 10125 Channel Road `Lakeside,CA 92040 "Ph(619)390-1988 Fax(619)390-1941 Inland Empire: t 1001 Beech Avenue "Fontana,Ca 92337 Ph(951)360-1352 Fax(95l)681-5920 EXHIBIT C LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. 18 August 2013 EXHIBIT D EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. 19 August 2013 RECEMED 17 V MAR 201h '�' }:-� MAR 0 7 2016 CITY CLERK'SIFICE CITY ADMINISTRA i STAFF REPORT HUMAN RESOURCES DEPARTMENT DATE: March 15, 2016 TO: Honorable Mayor and City Council FROM: Lisette M. Grizzelle,Interim Director of Human Resources Department 9 RE: A RESOLUTION OF THE CITY COUNCIL PROCLAIMING THE MONTH OF APRIL 2016 AS "SEXUAL ASSAULT AWARENESS MONTH" AND APRIL 27, 2016 AS "DENIM DAY" IN THE CITY OF VERNON. Recommendation A. Find that the request to adopt the attached resolution proclaiming April 2016 as "Sexual Assault Awareness Month" and April 27, 2016 as "Denim Day" is exempt from California Environmental Quality Act ("CEQA") review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a"project" as defined by CEQA Guidelines section 15378. B. Adopt the attached resolution proclaiming April 2016 as "Sexual Assault Awareness Month" and April 27, 2016 as"Denim Day" in the City of Vernon in support of the Peace Over Violence sexual violence education campaign. Background The United States Government has declared April as "Sexual Assault Awareness Month", and local nonprofit organization Peace Over Violence has declared April 27, 2016 "Denim Day" in Los Angeles. The Denim Day campaign protests an Italian Supreme Court decision to overturn a rape conviction because the victim wore jeans. In that decision, the justices reasoned that the victim must have helped her attacker remove her jeans, implying consent. The campaign draws attention to the fact that rape and sexual assault remains a serious issue in our society. The Denim Day campaign encourages community members, elected officials, businesses and students to make a social statement with their fashion statement by wearing jeans on April 27th as a visible means of protest against misconceptions surrounding sexual assault. As in recent years, Peace Over Violence has once again requested local cities to adopt resolutions in support of this campaign. Page 1 of 2 Fiscal Impact This activity can be carried out without additional impact on the current operating budget. Attachment(s) None Page 2 of 2 of 'U RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON DECLARING THE MONTH OF APRIL 2016, AS "SEXUAL ASSAULT AWARENESS MONTH" AND APRIL 27, 2016, AS "DENIM DAY" WHEREAS,Peace Over Violence is a nonprofit volunteer organization dedicated to building healthy relationships, families and communities free from sexual, domestic and interpersonal violence,which, since 1999, has organized sexual violence prevention and education campaigns; and WHEREAS,Peace Over Violence has declared April 27,2016, as Dentin Day in Los Angeles and has asked the City Council of the City of Vernon to recognize April 2016, as "Sexual Assault Awareness Month," and April 27, 2016, as "Denim Day"; and WHEREAS, Sexual Assault Awareness Month and Denim Day are intended to draw attention to the fact that rape and sexual assault continue to be serious issues in our society and were instituted to call attention to misconceptions and misinformation about rape and sexual assault, and the problem that many in society remain uninformed with respect to issues of assault and forcible rape; and WHEREAS, the Denim Day in Los Angeles encourages community members, elected officials,members of the business community and students to make a social statement with their fashion statement by wearing jeans on April 27th as a visible means of awareness against misconceptions that surround sexual assault; and WHEREAS, the City Council of the City of Vernon wishes to invite all residents and members of the business community within the City of Vernon to participate in Sexual Assault Awareness Month and Denim Day by supporting the efforts of Peace Over Violence to educate all people in our community about the true impact of rape and sexual assault. 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 declares the month of April 2016, as Sexual Assault Awareness Month and April 27, 2016, as Denim Day. i I SECTION 2: The City Council of the City of Vernon hereby authorizes all employees to exercise appropriate discretion in wearing jeans on April 27,2016,as a visible means of awareness against misconceptions that surround sexual assault. SECTION 3: 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 15th day of March, 2016. Name: Title: Mavor / Mayor Pro-Tem ATTEST: City Clerk/ Deputy City Clerk APPROVED AS TO FORM: (/WVL1 Zay f h . Moussa, Dep�d%'City Attorney - 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,March 15, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tern of the City of Vernon. Executed this day of March, 2016, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 3 - RECEIVED R MAR 0 3 2016 CLERKSdfFIC V LJWV CITY ADMINISTRA _ STAFF REPORT PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES DEPARTMENT A-6 DATE: March 15,2016 TO: Honorable Mayor and City Council FROM: Derek Wieske, Director of Public Works, Water and Development Services Originator: Scott B. Rigg,Public Works and Water Superintendent RE: Bid Award For Rehabilitation of 10 Million Gallon Reservoir (CS-0639) Recommendation A. Find that the proposed project, for Rehabilitation of 10 Million Gallon Reservoir, CS- 0639, attached hereto, is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301, subsections (b) and (d), because the project involves negligible or no expansion of use beyond that existing at the lead agency's determination; and B. Accept the bid from Advanced Industrial Services, Inc., and enter into the attached Services Agreement, in an amount not to exceed $146,900, for Rehabilitation of the City's 10 Million Gallon Reservoir. In addition, authorize a contingency amount up to $25,000 in the event of unexpected changed conditions in the project; and grant authority to the City Administrator to issue a change order in this amount. Background In July of 2015 the 10 Million Gallon Reservoir (Reservoir) had sediment introduced into it from Production Well No. 11. This resulted in significant staining to the Reservoir as well as residual sedimentation. Staff performed an in-depth review of the Reservoir's current condition and previous inspection reports and concluded that the Reservoir currently has excess sedimentation and signs of corrosion. Harper & Associates (Harper) were hired to evaluate the Reservoir due to their extensive experience and expertise in reservoir inspection and specification development. Subsequently, an extensive review by Harper identified corrosive properties in several interior sections and recommended that various internal components be recoated. Staff determined that technical specifications and bid package should be developed in order to have the repair work performed. Harper was awarded the contract to prepare the Page 1 of 2 technical specifications and bid package. The scope of work includes the cleaning of all interior concrete surfaces, removal of existing materials and coatings; and application of repair materials and coatings. On October 1, 2015, the City Administrator authorized the advertisement of the Notice Inviting Bids for Rehabilitation of 10 Million Gallon Reservoir. The Notice Inviting Bids were posted on the City's website and published in various publications, including the Vernon Sun. On January 5, 2016, a pre-bid meeting was held with eight (8) prospective bidders to review the project specifications in detail. Three bids were received on January 28, 2016, for Rehabilitation of 10 Million Gallon Reservoir. The calculated results are as follows: CONTRACTOR BID PROPOSAL Advanced Industrial Services, Inc. (AIS) $146,900 Mode Engineering, Inc. $348,000 Blastco, Inc. $482,450 The received bids were evaluated by City staff and the City's consultant Harper. It is now recommended that Advanced Industrial Services, from Los Alamitos, California, be selected as the lowest responsive responsible bidder. It should be noted that the total cost for this project includes previous costs associated with the preparation of the technical specifications for the Notice Inviting Bids; and contract management services to oversee the construction work once the construction phase commences. The recommended contract amount of $171,900 includes $146,900 plus a contingency amount of $25,000. The total project cost inclusive of the specification development, contract management services, and construction costs are anticipated to be $198,790. The Staff Report and related contract documents have been approved to form by the City Attorney's office. Fiscal Impact The total construction cost will be $171,900. Funds have been allocated in the 2015-2016 fiscal year budget under 020.1084.900000. Attachments 1. Services Agreement 2. Harper&Associates, February 16, 2016, Memorandum 3. Vicinity Map Page 2 of 2 STANDARD FORM OF CONSTRUCTION CONTRACT BETWEEN CITY OF VERNON AND ADVANCED INDUSTRIAL SERVICES, INC. CONTRACT NO.CS-0639 This Agreement is made and entered into at Vernon, California this 15th day of March,2015, by and between the CITY OF VERNON, a chartered municipal corporation (hereinafter "City") and ADVANCED INDUSTRIAL SERVICES, INC.,a California corporation (hereinafter "Contractor"),for Rehabilitation of 10 Million Gallon Reservoir, CS-0639 THE PARTIES HERETO AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS The"Contract Documents"except for modifications issued after execution of this Agreement,shall consist of the following documents which are either attached hereto as exhibits or are incorporated into this Agreement by this reference, with the same force and effect as if set forth at length herein: A. Governmental Approvals including, but not limited to, permits required for the Work; B. This Agreement; inclusive of Exhibit A(General Conditions), Exhibit B (Special Provisions), Exhibit C (Bidder's Proposal), Exhibit D(Living Wage Provisions), and Exhibit E(Equal Employment Opportunity Practices Provisions); C. Notice Inviting Bids; D. Instructions to Bidders; E. Bid Forms; F. Designation of Subcontractors; and; G. Bidding Addenda. 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: Rehabilitation of 10 Million Gallon Reservoir CS-0639 3. TIME FOR PERFORMANCE Contract Time. Contractor shall achieve Substantial Completion of the Work within ninety (90) calendar days from the Date of Commencement established in City's written Notice to Proceed ("Contract Time"), subject to adjustment in accordance with the Contract Documents. Contractor shall achieve Final Completion of the Work,within the time established by the Certificate of Substantial Completion issued by the City. The Contract Time may only be adjusted as permitted by this Construction Contract and the General Conditions. Time is of the essence of this Agreement. Except when the Contract Documents state otherwise, time is of the essence in the performance of the Work. Contractor acknowledges that the time limits and deadlines set forth in the Contract Documents are reasonable for Contractor to perform and complete the Work. Liquidated Damages. If Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time for Substantial Completion, Contractor shall pay City as liquidated damages the amount of FIVE HUNDRED DOLLARS($500.00)per day for each calendar day occurring after the expiration of the Contract Time for Substantial Completion until Contractor achieves Substantial Completion of the entire Work, as required by Article 3 of the General Conditions of Contract. Contractor Initial here: 5. CONTRACT SUM In consideration of the Contractor's full, complete,timely, and faithful performance of the Work required by the Contract Documents, City shall pay Contractor the sum of ONE HUNDRED FORTY SIX THOUSAND NINE HUNDRED DOLLARS AND ZERO CENTS($146,900.00), 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] ENVIRONMENTAL CONSTRUCTION, INC: By: Authorized Signatory Printed Name: Title: Date: CITY OF VERNON: APPROVED AS TO FORM: By: By: Name: Name: Title: Title: Date: Date: CONTRACTOR'S SIGNATURE MUST BE NOTARIZED EXHIBIT A GENERAL CONDITIONS ARTICLE 1 - PRELIMINARY PROVISIONS 1.01 DEFINITIONS The following words shall have the following meanings: A. Allowance. A line item cost estimate established by the City to be carried in the Base Bid sum,Contract Sum, and Schedule of Values for Payment for a particular item of Work, which cannot be sufficiently defined so as to allow the Contractor to adequately determine fair value before the Bid Deadline. Allowances include estimated amounts established by the City for certain construction elements that have not yet been fully designed or authorized for inclusion in the Work or to permit deferred approval or selection of actual materials and equipment to a later date when additional information is available for evaluation. B. As-Builts. The documents prepared by Contractor showing the condition of the Work as actually built, including, without limitation, all changes and the exact locations of all mechanical, electrical, plumbing, HVAC or other portions of the Work that are shown diagrammatically in the Contract Documents. C. Base Bid. The total sum stated in the Bid Form for which the Bidder offers to perform Work described in the Contract Documents as the base Contract Work(e.g.not designated as part of a Bid Alternate). D. Bid. A complete and properly executed offer by the Bidder on City-prescribed forms to perform the Work for the prices stated in response to the Notice Inviting Bids. E. Bid Alternate. An item of Work described in the Contract Documents as an Alternate Bid that will be added to or deducted from the Base Bid and the Contractor's responsibility only if the City accepts the Bid Alternate. F. Bid Forms: The City-prescribed forms which the Bidder shall complete and use to submit a Bid. The Bid Forms include:(1)Bidder's Proposal;(2)Schedule of Bid Prices;(3) Incumbency Certificate; (4) Bid Bond; (5) Bidder's Statement of Qualifications; (6) Experience Form; (7)Trades Experience Form; (8) Contractor Safety Questionnaire; (9) Designation of Subcontractors; (10)Affidavit of Non- Collusion; (11) Insurance Requirements Affidavit; and (12) forms included in the Specification required by the type of project funding(e.g.federal,ARRA, HUD,etc.). G. Bidder. The individual,partnership,firm,corporation,joint venture or other legal entity submitting a bid on these Contract Documents or any part thereof. H. Bidding Documents. Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of:(1)Notice Inviting Bids; (2) Instructions to Bidders; and (3) Bid Forms. The proposed Contract Documents consist of: (1) the Bidding Requirements; (2) the Construction Contract Between City and Contractor; (3) the Conditions of the Contract(General, Supplementary, and Special, if applicable); (4) all Exhibits to the Contract; (5)the Drawings; (6) the Specifications; (7) all Addenda issued prior to the execution of the Construction ARTICLE 1 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 its City Council or other City officials authorized to act for the City, acting in its proprietary rather than regulatory capacity in connection with the Project. L. Construction Change Directive. A written order prepared and signed by the City directing a change in Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time,or both. M. Contract Documents. The Contract Documents are enumerated in the Construction Contract between City and Contractor and consist of: (1) the Bidding Requirements; (2) the Construction Contract; (3)the Conditions of the Contract(General, Supplementary, and Special, if applicable); (4) all Exhibits to the Contract; (5)the Drawings;(6)the Specifications; (7)all Addenda issued prior to the execution of the Contract; (8) all Modifications issued after the execution of the Contract; and (9) Governmental Approvals,including,but not limited to,permits. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all;performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. N. Contract. The Contract Documents form the Contract for Construction. The Contract Represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified on by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor. There shall be no third party beneficiaries of the Contract Documents. 0. Contract Sum. The total amount of compensation stated in the Construction Contract that is payable to Contractor for the complete performance of the Work in accordance with the Contract Documents. P. Contract Time. The total number of days set forth in the Construction Contact within which Substantial Completion of the Work must be achieved beginning with the Date of Commencement established in the Notice to Proceed, subject to adjustments in accordance with the terms of the Contract Documents. The Contract Time for Contractor's performance of the Work is measured in calendar days(not work days). Q. Contractor. The individual,partnership,firm,corporation,joint venture or other legal entity with whom the Contract is made by City, or the agent or legal representative who may be appointed to represent 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, "Work Directive." Y. Final Completion. Final Completion is the stage of performance of the Work when (1) all Work required by the Contract Documents has been fully completed in compliance with the Contract Documents and all applicable laws including,but not limited to,correction or completion of all punch list items noted by City upon Substantial Completion; (2) Contractor has delivered to City an Application for Final Payment and all closeout documentation required by the Contract Documents; and(3)documentation of all final Governmental Approvals has been submitted to City including,but not limited to a final Certificate of Occupancy or equivalent Building Department sign-off has been issued covering the entire Project site without exception or conditions. Z. Force Majeure. "Force Majeure"includes but is not limited to declared or undeclared war, sabotage, insurrection, riot, or other acts of civil disobedience, labor disputes, fires, explosions, floods, earthquakes or other acts of God. AA. Fragnet. The sequence of new activities that are proposed to be added to an existing schedule. BB. Governmental Approval. Any approval, authorization, inspection, certification, consent, exemption, filing, permit, registration, plan check, ruling or similar authorization required by any federal, state or local law, regulation or procedures in order for Contractor to perform the Work. CC. Guarantee. Assurance to City by Contractor or product manufacturer or other specified party, as guarantor, that the specified warranty will be fulfilled by the guarantor in the event of default by the warrantor. ARTICLE 1 GC-3 DD. Modification. A Modification is: (1) a written amendment to Contract signed by both parties; (2) a Change Order;or(3)a Construction Change Directive. EE. Notice to Proceed. The Notice to Proceed is a document issued by the City fixing the date for Commencement for the Work. FF. Parties. The City and Contractor may be referred to in the Contract Documents from time to time as the Parties. GG. Permit Fees. The actual direct costs paid by Contractor for Governmental Approvals and Utility Fees. HH. Permit Fees Reimbursement. A payment made to the Contractor by the City in addition to the Contract Sum to compensate Contractor for the actual direct cost of all Permit Fees. II. Project. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the City or by separate contractors. JJ. Project Manual/Contract Package. The volumes of Contract Documents and reference documents assembled for the Work made available to Bidders. KK. Record Documents. The Drawings, Specifications, addenda, requests for information, bulletins, Change Orders and other modifications to the Contract Documents, approved shop drawings, product data, samples, mock-ups, permits, inspection reports, test results, daily logs, schedules, subcontracts, and purchase orders. Records Documents shall include a set of"As-Built" Drawings and Specifications,which shall be continuously updated during the prosecution of the Work. LL. Site. The physical area designated in the Contract Documents for Contractor's performance of the Work. MM. Specifications. The Specifications are the volume(s)assembled for the Work that includes,without limitation,the Bidding Documents, the Construction Contract and Exhibits,the General Conditions, Supplementary and/or Special Conditions, if any, the "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2015 Edition),the Standard Plans for Public Works Construction (2009 Edition), State of California, Department of Transportation Standard Plans and Standard Specifications(2010 Edition),and the City of Vernon Standard Plans. NN. Specifications. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards, and workmanship for the Work and performance of related services, including, but not limited to, the Project Technical Specifications,Standard Specifications, if any,and any applicable Trade Association Specifications. 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." QQ. Utility Fees. The fees charged by any public, private,cooperative, municipal and/or government line, facility or system used for the carriage, transmission and/or distribution of cable television, electric ARTICLE 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, street/utility use permits, OSHA permits, fire sprinkler permits, fence permits, blasting permits, landscaping/irrigation permits, and permits to demolish, remove, or make major alterations to any designated historic resource; inspections; and plan checks obtained after the Date of Commencement of the Work. The Notice Inviting Bids contains a list of permits and other Governmental Approvals and Utility Fees obtained and paid for by the City prior to the Date of Commencement; Contractor is responsible for obtaining all Governmental Approvals and Utility Fees not listed in the Notice Inviting Bids. B. 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 1 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 Work,itemized by costs incurred by Contractor and each subcontractor associated with the performance of such Work. Contractor shall not order materials or equipment or proceed with Work covered by an Allowance until the material, equipment, and pricing information for such Work items have been submitted to the City's Project Representative for review and the Contractor has received City's approval to proceed with a Work item covered by an Allowance. D. All expenditures for Allowance Work shall be separately itemized in each Application for Payment. E. To the extent that the cost of Work items covered by an Allowance is less than the Allowance cost estimate established by the City,the Contact Sum shall be reduced by Change Order or Construction Change Directive to reflect the actual cost of the Allowance item. Similarly, to the extent the cost of Work items covered by an Allowance is greater than the Allowance cost estimate, the Contract Sum shall be increased by Change Order or Construction Change Directive to reflect the actual cost of the Allowance item. If Work items covered by an Allowance are not performed or the City deletes such items from the Scope of Work,the Contract Sum shall be reduced by Change Order or Construction Change Directive to deduct the Cost of the unused Allowance item. 1.06 WAIVER A waiver by City of any breach of any term, covenant, or condition contained in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term,covenant,or condition contained therein,whether of the same or a different character. 1.07 DATA TO BE FURNISHED BY THE CONTRACTOR The Contractor shall furnish the Director with such information as the Director may desire respecting the character of the materials and the progress and manner of the Work, including all information necessary to 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 Director's attention before proceeding with the Work affected by the discrepancy. D. Omissions from the Drawings and/or Specifications shall not relieve the Contractor from the responsibility of furnishing, making, or installing all items required by law or code, or usually furnished,made or installed in a project of the scope and general character indicated by the Drawings and Specifications. E. For convenience,the Drawings and Specifications may be arranged in various trade subparagraphs, but such segregation shall not be considered as limiting the Work of any subcontract or trade. The Contractor shall be solely responsible for all subcontract arrangements of the Work regardless of the location or provision in the Drawings and Specifications. F. The City will furnish free of charge to the Contractor, a maximum of six(6)sets of Contract Drawings and Specifications. The Contractor shall pay for the costs of any additional sets or portions thereof. The Contractor shall be responsible to see that all sets are the same as the up-to-date approved set. 1.10 PRECEDENCE OF CONTRACT DOCUMENTS A. In the event of conflict between any of the Contract Documents, the provisions placing a more stringent requirement on the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials unless otherwise directed by City in writing. In the event none of the Contract Documents place a more stringent requirement or greater burden on the Contractor,the controlling provision shall be that which is found in the document with higher precedence in accordance with the following order of precedence: 1. Governmental Approvals including, but not limited to, permits required for the Work 2. Modifications issued after execution of the Contract (including modifications to Drawings and Specifications) 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 8. Figures 9. Scaled dimensions C. Within the Specifications,the order of precedence is as follows: 1. Change Orders 2. Special Conditions 3. Project Technical Specifications 4. Standard Specifications, if any 5. Applicable Trade Association Specifications 1.11 NOTICE OF CONFLICTS If the Contractor, in the course of the Work, becomes aware of any claimed conflicts, errors or omissions in the Contract Documents or in the City's fieldwork or work of City's separate contractors,the Contractor shall immediately notify the Director in writing. The Director shall promptly review the matter, and if the Director finds a conflict,error or omission,the Director shall determine the corrective actions and advise the Contractor accordingly. If the correction associated with a conflict,error or omission increases or decreases the amount 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. 8. Meetings and significant decisions. 9. Unusual events. 10. Stoppages,delays,shortages,and losses. 11. Meter readings and similar recordings. 12. Emergency procedures. 13. Orders and requests of authorities having jurisdiction. 14. Change Orders received and implemented. 15. Construction Change Directives received and implemented. 16. Services connected and disconnected. 17. Equipment or system tests and startups. 18. Partial completions and occupancies. 19. Substantial Completions authorized. 20. List of visitors to Project Site. 21. List of personnel at Project Site including names and job classifications. 22. Description of Work for the day including locations,quantities and related bid items. Immediately upon discovery of a difference between field conditions and the Contract Documents, the Contractor shall prepare and submit a detailed report through a Request for Information (RFI). Include a detailed description of the differing conditions,together with recommendations for a remedy. The Daily Construction Report must be: signed by Contractor's Superintendent, submitted within 24 hours (next Working Day)to the Director,and shall be made available to others as directed by City. 1.13 LINES,GRADES,AND MEASUREMENTS A. All lines and grades will be established by the Contractor. The Contractors shall carefully preserve all survey stakes and reference points as far as possible. Should any stakes or points be removed or destroyed unnecessarily by any act of the Contractor or his/her employees,they must be reset to the satisfaction of the Director,at the Contractor's expense. B. The Contractor shall inform the Director 48 hours(two Work Days)in advance of the times and places at which he/she intends to Work in order that inspection may be provided, and that necessary measurements for records and payments may be made with minimum inconvenience. 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 OPERATIONS/STORAGE YARD In the event the Contractor requires space for the storage and/or staging of construction materials, supplies, equipment,stockpiling of debris,or any other needs required for construction operations,he/she shall acquire at his/her own expense such areas as he/she may desire. For properties within the City of Vernon, the staging area must be enclosed at Contractor's expense with construction fencing covered with a mesh screen to limit visibility to the site.Private property used for storage of construction material or debris shall be restored to a legal condition with regard to appearance and maintenance upon conclusion of the project. Property should be graded and free of weeds and debris when project is completed. [END OF ARTICLE] ARTICLE 1 GC-10 ARTICLE 2-PERFORMANCE OF THE WORK 2.01 PERFORMANCE OF WORK-GENERAL Contractor shall, at its own cost and expense, furnish all necessary materials, labor, transportation, and equipment for doing and performing said Work and the materials used shall comply with the requirements of the Contract Documents. All Work shall be performed and completed as required in the Contract Documents,and subject to the approval of the Director,or his/her designated assistant. 2.02 NO ASSIGNMENT OR DELEGATION Contractor shall not assign or delegate the duties or obligations under this Contract or his/her interest therein in whole or in part without the prior written consent of the City which may be withheld at the City's sole discretion. 2.03 STANDARD OF PERFORMANCE Contractor agrees that all services performed hereunder shall be provided in a manner commensurate with the highest professional standards and shall be performed by qualified and experienced personnel;that any Work performed by Contractor under the Contract will be performed in the best manner; that any material furnished shall be subject to the approval of the Director;and that both Work and materials will meet fully the requirements of the Contract Documents. Any work deemed unacceptable by the Director,whether a cause is determined or not shall be repaired or replaced by Contractor at Contractor's expense. The Contractor shall be responsible for the final product and shall make any quality control,adjustments and corrections necessary to obtain the final product accepted by the City Engineer.The Contractor shall perform process and quality control sampling and testing and exercise management control the work of his/her subcontractors, technicians and workers to ensure that the milling, transporting, recycling, spreading, compaction, and finishing processes conform to these Specifications. The proficiency of testing laboratories and sampling and testing personnel shall be reviewed and approved by the City Engineer prior to providing services to the project.The City Engineer shall have unrestricted access to the laboratory, sampling,testing sites, and all information resulting from mix design and quality control activities. All Quality Control testing results shall be submitted to the City Engineer on a daily basis. 2.04 DEFECTIVE WORK Within the time periods that the City specifies,the Contractor shall correct all deficient, improperly executed,or unsatisfactory Work determined by the City. The Contractor shall remove and shall repair or replace, at his/her own expense any part of the Work that is deficient, improperly executed, or unsatisfactorily executed, even though it has been included in the monthly estimates. If he/she refuses or neglects to remove, repair, or replace such defective Work, prior to the City's acceptance of the Work,it may be replaced by the City at the expense of the Contractor,plus 15%for overhead expenses,and his/her sureties shall be liable therefor. (See Paragraph 2.15 for curing defects after acceptance of the Work.) 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 and/or replace or correct deficiencies in the Work. In such case, a Change Order or Construction Change Directive shall be issued deducting from payments then or thereafter due to the Contractor the cost of completion, replacement or correction of such deficiencies, including compensation for additional services by the City's project management staff, the Architect, and their respective consultants made necessary by such default,failure to perform, or neglect, plus 15%for City's overhead expenses. If payments then or thereafter due the Contractor are not sufficient to cover such amounts,the Contractor shall pay the difference to the City immediately. This remedy is cumulative. B. The City also has the right,but not the obligation,to self-perform or have outside forces perform portions of the Work previously assigned to Contractor. In such case a Change Order or Construction Change Directive shall be issued, reducing the Contract Sum by the Unit Price(s) applicable to such deleted Work or, in the absence of Unit Prices,an amount that reflects the reasonable cost of performing such deleted Work and the Allowable Mark-Up applicable to such deleted Work. 2.06 COMMUNICATIONS AND NOTICES REGARDING THE WORK A. Notices under the Contract Documents shall be in writing and (a) delivered personally, (b) sent by certified mail, return receipt requested, (c) sent by a recognized overnight mail or courier service, with delivery receipt requested, or(d)sent by facsimile communication followed by a hard copy and with receipt confirmed by telephone, to the following addresses (or to such other address as may from time to time be specified in writing by such Person): All correspondence with Contractor shall be sent to the following address: Attention: Phone: Facsimile: All communications shall be copied to City and shall be delivered to City's Director at the address set forth below,with copies to such additional persons as may be directed by City's Director. City of Vernon Department of Public Works,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: srigg@ci.vernon.ca.us B. Notices shall be deemed received when actually received in the office of the addressee (or by the addressee if personally delivered)or when delivery is refused, as shown on the receipt of the U. S. Postal Service, private carrier or other Person making the delivery. Notwithstanding the foregoing, notices sent by facsimile after 4:00 p.m. Pacific Standard or Daylight Time (as applicable) and all other notices received after 5:00 p.m. shall be deemed received on the first business day following delivery(that is, in order for a fax to be deemed received on the same day, at least the first page of the fax must have been received before 4:00 p.m.). Any technical or other communications pertaining to the Work shall be conducted by Contractor's Project Manager and technical representatives designated by City. Contractor's representatives shall be available at all reasonable times for consultation, and shall be authorized to act on behalf of Contractor in matters concerning the Work. C. Contractor shall copy City on all written correspondence pertaining to the Contract between Contractor and any Person other than Contractor's Subcontractors, consultants and attorneys. D. Notification of Affected Residents/Businesses—The Contractor shall be responsible for distribution of the general information letter of the project to all affected residents and businesses.A project general information letter and sufficient copies thereof will be prepared by City staff for Contractor distribution to all residents,business establishments,and institutions fronting on or directly affected by the project. The Contractor shall be responsible for distribution of said letter in handout form to all the appropriate residences and buildings in the subject area. Distribution shall be accomplished in a manner acceptable to the City Engineer and shall be five(5)working days prior to the beginning of construction operations in the immediate vicinity. In addition to the above,the Contractor shall be fully responsible for such other notifications as may be required related to necessary closures of streets, alleys, driveways,etc.,or to unavoidable access or parking restrictions.These notifications shall apply where the closures and access or parking restrictions required in the performance of any work under this contract preclude any resident, tenant, or property owner from utilizing the premises or conducting business thereon in a reasonable and customary manner. Additional notification to the affected businesses and residents shall be prepared by the City and distributed by the Contractor for roadway and driveway closures five (5) working days in advance of any construction work. No removal or excavation work is allowed until the additional notification has been distributed to the affected residents and businesses. If a Contractor is unable to adhere to his schedule as indicated on his written notification,then all the affected residents and places of business shall be re-notified of the revised schedule, in writing, as indicated above. Contractor costs for all of the above notifications shall be considered as included in the appropriate items of the Bid Proposal. E. Notification of Utilities—The provisions of Section 5 entitled "Utilities" of the "Greenbook"Standard Specifications shall apply. The Contractor shall contact the Underground Service Alert of Southern California(U.S.A.)at least two working days in advance of the construction work 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. 2.08 EMERGENCY WORK A. During Working Hours: In case of an emergency which threatens loss or injury of property,and/or safety of life during working hours, the Contractor shall act, without previous instructions from the City, as the situation may warrant. He/she shall notify the Director of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Director within 15 calendar days after the emergency. Compensation,if allowed,will be paid for as Extra Work. B. Outside of Working Hours: Whenever, in the opinion of the City, there shall arise outside of the regular Working hours on the Contract Work of an emergency nature which threatens loss or injury of property, or danger to public safety, the Contractor shall act, without previous instructions from the City as the situation may warrant. He/she shall notify the Director of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Director within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as Extra Work. In the event the Contractor is not able to respond to an emergency outside of regular working hours, the City's forces will handle such emergency Work. If such emergency arises out of or is the result of operations by the Contractor,the cost of the corrective measures will be billed to the Contractor and deducted from his/her payment as provided in the Contract Documents. The performance of emergency Work by City forces will not relieve the Contractor of any of his/her responsibilities,obligations,or liabilities under the Contract. 2.09 SUBCONTRACTORS A. Each subcontract shall contain a reference to the Contract between the City and the principal Contractor,and the 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 GC-14 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 GC-15 2.14 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES A. Risk of Loss Except as otherwise provided in the Contract Documents and except as to the cost of repair or restoration of damage to the Work caused by force majeure, the Contractor shall bear all losses resulting to him/her on account of the amount or character of the Work, or from any unforeseen obstructions or difficulties which may be encountered, or from any encumbrances on the line of the Work, or because the nature of the ground in or on which the Work is done is different from what is assumed. The Contractor shall bear the risk for any City equipment, material, or supplies with which he/she has been entrusted. B. Materials and Facilities The Contractor shall be responsible for materials and facilities as hereinafter provided and in the event of his/her failure to carry out said responsibilities,the same may be carried out by the City at the expense of the Contractor: 1. The Contractor shall be responsible for any materials so furnished and for the care of all Work until its completion and final acceptance,and he/she shall at his/her own expense replace damaged or lost materials and repair damaged parts of the Work. 2. The Contractor shall protect City facilities from damage resulting from his/her Work. City facilities damaged by,or as a result of,the Contractor's Work under this Contract shall be repaired or replaced,as directed by the Director,at the Contractor's expense. 3. The Contractor shall remove from the vicinity of the completed Work all buildings, rubbish, unused material,concrete forms,and other materials belonging or used under his/her direction during construction. If Contractor fails to completely remove such items within a reasonable time the City may do so at the Contractor's expense. C. Laws and Regulations 1. The Contractor shall obey all laws, ordinances, and regulations in any manner affecting those engaged or employed on the Work, or the materials used in the Work, or in any way affecting the conduct of the Work,and of all court orders and decrees having any jurisdiction or authority over the same. If any discrepancy or inconsistency should be discovered in this Contract,or in 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; (ii) the Work will be of good quality and free from defects; (iii)the Work will conform to the requirements of the Contract Documents; and (iv) Contractor will deliver the Project free of stop notice claims. Work not conforming to these requirements, including substitutions not accepted by the City,will be deemed defective. The Contractor's warranty excludes improper or insufficient maintenance, improper operation,or normal wear and tear and normal usage. If required by the City,the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the correction obligation of Paragraph 2.04 herein. 2. Overlap. Where any warranties provided under the Contract Documents overlap,conflict,or are duplicative,Contractor will be bound by the more stringent requirements. 3. Procurement and Assignment of Warranties: Contractor shall obtain in the name of City,or transfer or assign to City or City's designee prior to the time of Final Completion of the Work, any and all warranties or guarantees which Contractor is required to obtain pursuant to the contract Documents and which Contractor obtained from any other person or entity other than Contractor including,but not limited to,Subcontractors and manufacturers,and further agrees to perform the Work in such a manner so as to preserve any and all such warranties. Contractor shall secure written warranties from all Subcontractors. Contractor and its Subcontractors shall offer any warranty upgrades or extensions that are offered by manufacturers of any equipment or system installed in the Work to the City. Contractor shall deliver to City all warranty and guarantee documents and policies. 4. Survival of Warranties: The provisions of this paragraph 2.15 will survive Contractor's completion of the Work or termination of Contractor's performance of the Work. B. Correction of Work 1. Before or After Final Completion. The Contractor shall promptly correct Work rejected by the City or City's designee, as failing to conform to the requirements of the Contract Documents, whether discovered before or after Final Completion and whether or not fabricated, installed, or completed. Costs of correcting such rejected Work, including additional testing, inspections, and compensation for the City's services and expenses made necessary thereby,will be at the Contractor's expense within the Contract Price. 2. After Final Completion. (a) In addition to the Contractor's warranty obligations under Paragraph 2.15-A, if, within one(1)year after the date of Final Completion of the Work or within the time period established by any applicable special warranty required by the Contract 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 Limitation. Nothing contained in Paragraph 2.15-B will be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the one-year period for correction of Work as described in Paragraph 2.15-B relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the limitations periods established by statute for any construction defect or other causes of action. 2.16 CLEANING AND ENVIRONMENTAL CONTROLS The Contractor, Subcontractors and employees shall comply with all litter and pollution laws and it shall be the responsibility of the Contractor to ensure compliance.The Contractor shall do all of the following: A. Maintain the Site free of waste materials, debris, and rubbish and in a clean and orderly condition; and Remove waste materials,debris and rubbish from site and dispose off-site legally. B. The Contractor shall maintain at his/her disposal any and all equipment necessary to prevent and remediate any sanitary sewer overflow arising out of the Work. The Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles, as directed by the Director,to maintain the affected areas in a condition of cleanliness acceptable to the City at all locations affected by the Contractor's 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 Planning 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 Illegal Spill Discharge Control Maintenance Facility Housekeeping Practices Flexible Pavement Asphalt Cement Crack and Joint Grinding/Sealing Asphalt Paving ARTICLE 2 GC-19 Structural Pavement Failure (Digouts) Pavement Grinding and Paving Emergency Pothole Repairs Sealing Operations Portland Cement Crack and Joint Sealing Rigid Pavement Mudjacking and Drilling Concrete Slab and Spall Repair ShoulderGrading Nonlandscaped Chemical Vegetation Control Nonlandscaped 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, Brush Chipping,Tree and Shrub Removal Irrigation Line Repairs Irrigation(Watering),Potable and Nonpotable Storm Drain Stenciling Roadside Slope Inspection Environmental Roadside Stabilization Stormwater Treatment Devices Traction Sand Trap Devices Welding and Grinding Bridges Sandblasting,Wet Blast with Sand Injection and Hydroblasting Painting Bridge Repairs Pump Station Cleaning Other Structures Tube and Tunnel Maintenance and Repair Tow Truck Operations Toll Booth Lane Scrubbing Operations ARTICLE 2 G C-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) Outdoor Storage of Raw Materials Management and Support 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 1. 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 shall be contained at the project sites. 3. Erosion Control Erosion from slopes and channels shall be controlled by Erosion Controls implementing an effective combination of BMPs,such as the limiting of grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. Please refer to the California Stormwater Quality Association's Construction Handbook(available on their website: www.cabmphandbooks.com)for further information regarding the BMPs listed in Table 2-2. ARTICLE 2 G C-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 Quality Protection Requirements for Construction Projects with One (1) Acre (or greater) of Disturbed Soil. In addition to the minimum BMPs required in Paragraphs A and B, all construction projects where at least one (1) acre of soil will be disturbed, construction activity that results in land surface disturbances of less than one acre if the activity is part of a larger common plan of development, or the sale of one or more acres of disturbed land surface requires a Construction Activities Storm Water General Permit(2009-0009-DWQ Permit). Prior to commencement of construction activities,the Permit Registration Documents(PRDs) must be submitted electronically in the Storm Water Multi-Application Report Tracking System (SMARTS) (http://smags.waterboards.ca.gov/smarts/faces/SwSmartsLogin.3sp). PRDs consist of the Notice of Intent, Risk Assessment, Post-Construction Calculations, a Site Map, the Storm Water Pollution Prevention Plan(SWPPP), a signed certification statement by the Legally Responsible Person (LRP), and the first annual fee. See: http://www.swrcb.ca.gov/water issues/prog ram s/stormwater/construction.shtml for more information. A Waste Discharger Identification(WDID)will be emailed to the LRP after the PRDs have been submitted and are deemed complete. Construction activities cannot begin until a WDID is issued by the State Water Resources Control Board. Contractor shall bear the costs of any delays to the Project caused by a delay in obtaining its WDID. The SWPPP shall include: 1. The name, location, period of construction, and a brief description of the project; 2. Contact information for the owner and contractor; 3. The building permit number for the project; 4. The grading permit number for the project(where applicable); 5. A list of major construction materials,wastes, and activities at the project site; 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; 8. Non-storm water discharges, their locations, and the BMPs necessary to prevent the discharge; 9. A maintenance and self-inspection schedule of the BMPs to determine the effectiveness and necessary repairs of the BMPs;and 10. A certification statement that all required and selected BMPs will be effectively implemented. Within seven (7)days after the City awards the Contract,the Contractor shall submit seven 7 copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the plan. If revisions are required,the Contractor shall revise and re-submit the document within seven(7) days of its receipt of the City's comments. The City shall then have seven (7) days to consider the revisions made by the Contractor and approve the SWPPP. The Contractor shall maintain a minimum of two (2) readily accessible copies of the SWPPP at the Project site. The SWPPP shall be made available upon request of a representative of the Los Angeles Regional Water Quality Control Board (LARWQCB) or the U.S. Environmental Protection 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 GC-23 and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully deploy these control measures. Throughout the winter season,active soil-disturbed areas of the project site shall be fully protected at the end of each day with these control measures unless fair weather is predicted through the following day. The Contractor shall monitor daily weather forecasts. If precipitation is predicted prior to the end of the following workday, construction scheduling shall be modified, as required, and the Contractor shall deploy functioning control measures prior to the onset of the precipitation. The City may order the suspension of construction operations which are creating water pollution if the Contractor fails to conform to the requirements of this Paragraph 2.17. Unless otherwise directed by the City,the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of the Work. F. Sewage Spill Prevention. The Contractor's attention is directed to the sewer bypass operation required during any sewer construction pursuant to the 2012 edition of the "Greenbook" Standard Specifications for Public Works Construction, Section 500.1.2.4 or as that section is subsequently amended. The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a sewage spill. In the event of a sewage spill, the Contractor shall make arrangements for an emergency response unit comprised of emergency response equipment and trained personnel to be immediately dispatched to the project site. 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 B. 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 I. Enforcement The City is subject to enforcement actions by the LARWQCB, U.S. EPA,environmental groups and private citizens. The Contractor shall indemnify, defend and hold City, its officers, agents and employees harmless from Contractor's failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17. Contractor shall be responsible for all costs and liabilities imposed by law as result of Contractor's failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17. The costs and liabilities include, but are not limited to fines, penalties and damages whether assessed against the City or the Contractor. In addition to any remedy authorized by law, any money due to the Contractor under this contract shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor have been satisfied. J. Maintenance The Contractor shall ensure the proper implementation and functioning of BMP control measures and shall regularly inspect and maintain the construction site for the BMPs identified in the SWPPP. The Contractor shall identify corrective actions and time frames in order to properly address any damaged measure, or reinitiate any BMPs that have been discontinued. If the City identifies a deficiency in the deployment or functioning of identified control measures,the deficiency shall be corrected by the Contractor immediately or by a later date and time if agreed to by Director and if requested in writing, but not later than the onset of the subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. K. Payment All costs involved in the implementation of the SWPPP, including furnishing all labor, materials,tools, equipment and all incidentals; and for doing all the work involved in installing, constructing, maintaining, removing,and disposing of control measures,except those that were installed as a part of another structure, shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefor. ARTICLE 2 GC-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 CITY'S DISCRETION TO EXTEND CONTRACT TIME In the event the Work required hereunder is not satisfactorily completed in all parts and in compliance with the Contract Documents,City shall have the right, in its sole discretion,to increase the number of Working Days or not, as may seem best to serve the interest of City. A change order extending the Contract Time only will be issued by the City should the City decide to increase the number of Working Days. 3.03 SUBSTANTIAL COMPLETION A. Contractor Request for Inspection and Punch List When the Contractor considers that it has achieved Substantial Completion of the Work, or designated portion thereof, Contractor shall prepare and submit to the Director a request for inspection and a comprehensive punch list of items to be completed or corrected prior to Final Payment. Failure to include an item on such punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. B. City Inspection Upon receipt of the Contractor's punch list,the Director will make an inspection to determine whether the Work or designated portion thereof is Substantially Complete. If the inspection discloses any item, whether or not included on the Contractor's punch list, which is not sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work or ARTICLE 3 G C-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 CONDITIONS A. The Director may suspend the Work whenever weather conditions or conditions resulting from inclement weather are unfavorable for the prosecution of the Work. The delay caused by such suspension may entitle the Contractor to an extension of time but not to any other compensation. B. If the Contractor believes that Work should be suspended under this Paragraph 3.05, he/she may request such suspension. The delay caused by such suspension may entitle the Contractor to an extension of time but not to any other compensation. C. No extension of time will be granted for suspension of Work unless the suspension affects the timely completion of all Work under the Contract or the timely completion of a portion of the Work for which a time of completion is specified. Determination that the suspension for inclement weather conditions or conditions resulting from inclement weather affects timely completion and entitles the Contractor to an extension of time shall be made and agreed to in writing by the Director and the Contractor on each day that Work is suspended. In the event of failure to agree,the Contractor may protest under the provisions of Paragraph 7.07. D. If Work is suspended and an extension of time is granted under this Paragraph 3.05 the Contractor will be entitled to a one day extension of time for each day that he/she is unable to Work at least one-half of his/her current normal Work day;and if the Work is suspended at the regular starting time on any Work day and the Contractor's Workforce is dismissed as a result thereof, then he/she will ARTICLE 3 G C-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 City's damages and to avoid later disputes. It is understood and agreed by Contractor that liquidated damages payable pursuant to this Agreement are not a penalty and that such amount are not manifestly unreasonable under the circumstances existing as of the effective date of this Agreement. D. It is further mutually agreed that City shall have the right to deduct liquidated damages against progress payments or retainage and that the City will issue a Construction Change Directive and reduce the Contract Sum accordingly. In the event the remaining unpaid Contract Sum is insufficient to cover the full amount of liquidated damages. Contractor shall pay the difference to City. [END OF ARTICLE] ARTICLE 3 GC-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 day's work.This schedule shall be updated and submitted to the City every other Monday during the construction period.The Contractor shall give 48 hours notice to the City Engineer prior to the start of the work. A. Format 1. At a minimum,the Baseline Project Schedule activities shall be coded on a work discipline basis and by geographic area or location on the Project. The Baseline Project Schedule shall include a detailed description of each activity code. The Baseline Project Schedule shall be based on and incorporate contract milestone and completion dates specified in the Contract Documents. It shall depict events,jobs,and their interrelationships and shall recognize the progress that must be made on one task before subsequent tasks can begin. The schedule shall be comprehensive and shall include all logical interdependencies and interactions required to perform the Work of the Project. 2. Overall time of completion and time of completion for each milestone shown on the Schedule shall adhere to the specified Contract Time, unless an earlier (advanced) time of completion is requested by Contractor,agreed to by the City and formalized by Change Order. 3. Contractor shall use the latest version of Microsoft Project or equivalent software agreed to by the parties. 4. The City will review the submitted Baseline Project Schedule for conformance with these scheduling requirements. Within fourteen(14)calendar days after receipt,the City will accept the proposed Baseline Project Schedule or will return it with comments. If the proposed Baseline Project Schedule is accepted by the City, it shall be deemed part of the Contract Documents. If the Baseline Project Schedule is not accepted by City,Contractor shall revise the Baseline Project Schedule, in accordance with the recommendations of the City, and re-submit same for acceptance, no later than seven (7)calendar days after receipt of said recommendation. 5. Acceptance of Baseline Project Schedule by City, failure to include an element of work, or inaccuracy in Baseline Project Schedule shall not relieve Contractor from the responsibility for accomplishing the Work in accordance with the Contract Documents. B. Float 1. Critical Work activities are defined as Work activities which, if delayed or extended,will delay the scheduled completion of the milestones and/or time of completion. All other Work activities are defined as non-critical Work activities and are considered to have float. Float is defined as the time that a non-critical Work activity can be delayed or extended without delaying the scheduled completion of the milestones and/or time of completion. Float is considered a Project resource available to either party or both parties as needed. Once identified, Contractor shall monitor, account for,and maintain float in accordance with Critical Path Methodology. ARTICLE 4 G C-31 i 2. Delays of any non-critical Work shall not be the basis for an extension of Contract Time until the delays consume all float associated with that non-critical Work activity and cause the Work activity to become critical. 3. It is acknowledged that City-caused time savings (i.e., critical path submittal reviews returned in less time than allowed by the Contract Documents,approval of substitution requests which result in a savings of time for Contractor,etc.)create shared float. Accordingly,City-caused delays may be offset by City-caused time savings. C. Weather (This section applies only to projects of one(1)year duration or longer) The completion time contemplated by this Contract anticipates 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 Substantial Completion established by the Contract Documents, unless an earlier(advanced)time of completion is requested by Contractor,agreed to by the City,and formalized by Change Order. 4.02 SCHEDULE UPDATES A. With each Application for Payment submitted by Contractor (other than the final Application for Payment),the Contractor shall submit to the City an updated Project Schedule revised to indicate the Work completed, status of Work in progress, all progress slippages, corrective actions taken, or slippage carry-over, for all anticipated delays or difficulties, and all other information required to accurately present the actual status of the progress of the Work as of the date of the Application for Payment. If the Contractor does not submit an updated Project Schedule with an Application for Payment, City may withhold payment, in whole or in part, until the updated Project Schedule is submitted. In the event that an update to the Project Schedule indicates a delay to the Contract Time the Contractor shall propose an affirmative plan to correct each such delay, including overtime and/or additional labor, if necessary. In no event shall any Project Schedule update constitute an adjustment in the Contract Time, any deadline, or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order or Work Directive. B. At no time shall historical data contained within the updated Project Schedule(i.e.completed activities) be removed and/or altered in any way. This historical data is to be preserved within each of the updated Project Schedules and submitted with the final schedule update to reflect the actual start and finish dates for each activity within the Schedule. C. Any work stoppages within individual work activities that exceed seven (7) calendar days in duration shall be clearly indicated within the updated Project Schedule. In cases where unplanned activity work 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 longer behind schedule and/or reaches the stage of completion required by the Contract Documents. Contractor shall not be entitled to an adjustment in the Contract Sum in connection with the performance of any such Extraordinary Measures required by the City under this Paragraph. The City may exercise the rights furnished the City pursuant to this Paragraph as frequently as the City deems necessary to ensure that the Contractor's performance of the Work will comply with the Contract Time or interim completion dates set forth in the Contract Documents. If Contractor or its Subcontractors fail to implement or commence Extraordinary Measures within ten (10)calendar days of City's written demand,City may, without prejudice to other remedies,take corrective action at the expense of the Contractor which shall reduce the Contract Sum accordingly. 4.04 CONDITION OF PAYMENT Compliance by Contractor with the requirements of the Contract Documents pertaining to preparation, submission, revising and updating of the Schedule is a condition precedent to City's obligation to make payment to Contractor of any or all sums that might otherwise be due to Contractor in the absence of such noncompliance. Payment by City under circumstances in which City,for any reason,fails or elects not to assert its right to withhold payment for noncompliance with this Paragraph shall not be construed as a waiver of the right to withhold future payments on account of such noncompliance or any other noncompliance. (END OF ARTICLE] ARTICLE 4 GC-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 Contractor's default exceed the unpaid Contract balance,the Contractor shall pay the difference to the City. D. Wrongful Termination If it has been adjudicated or otherwise determined that City has wrongfully terminated the Contractor for cause, then said termination shall be deemed converted to a termination for convenience as set ARTICLE 5 GC-35 forth in Paragraph 5.04 and Contractor's remedy for wrongful termination in such event shall be limited to the recovery of the payments permitted for termination for convenience as set forth in Paragraph 5.04. 5.03 PARTIAL DELETION OR SUSPENSION OF WORK BY THE CITY A. Contractor agrees that the City may determine whether any or all of the Work described in the Contract Documents shall be deleted or performance suspended without electing to terminate the Contractor's performance under the Contract and without any penalty being incurred by the City. B. Any such partial deletion or suspension of the Work shall in no way void or invalidate the Contract nor shall it provide Contractor with any basis for seeking payment from City for Work deleted or suspended except to the extent such Work has already been performed and is otherwise compensable under the Contract. C. The City shall have the right to later have any such suspended or deleted Work performed by Contractor or others without any penalty to the City. D. In the event of any partial or complete deletion or suspension of Work,the City shall furnish Contractor with prompt written notice thereof,and the City shall be entitled to take possession of and have as its property all Record Documents, Accounting Records, and other data prepared by Contractor or its Subcontractors. E. Suspension for Convenience. 1. The City may at any time and from time to time,without cause,order the Contractor, in writing,to suspend, delay, or interrupt the Work in whole or in part for such period of time as the City may determine. Such order shall be specifically identified as a"Work Suspension Directive"under this Section. 2. Upon receipt of a Work Suspension Directive,Contractor shall,at the City's expense,comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Work Suspension Directive during the period of Work stoppage. 3. Within the period of suspension,or such extension to that period as is agreed upon by Contractor and the City,the City shall either cancel the Work Suspension Directive or delete the Work covered by such Work Suspension Directive by issuing a Change Order or Construction Change Directive. 4. If a Work Suspension Directive is cancelled or expires, Contractor shall continue the Work. A Change Order or Construction Change Directive will be issued to cover any adjustments of the Contract Sum and Contract Time necessarily caused by such suspension.No adjustment shall be made to the extent: (a) That performance is, was, or would have been so suspended, delayed, or interrupted by another cause for which the Contractor is responsible;or (b) That an equitable adjustment is made or denied under another provision of the Contract. F. Suspensions for Cause City has the authority by written order to suspend the Work, in whole or in part, without liability to City 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. Carry out orders of City. G. Responsibilities of Contractor During Suspension Periods During periods that Work is suspended, Contractor shall continue to be responsible for the Work and shall prevent damage or injury to the Project,provide for drainage,and shall erect necessary temporary structures, signs or other facilities required to maintain the Project and continue to perform according to the Contract Documents. 5.04 TERMINATION BY THE CITY FOR CONVENIENCE A. Grounds Without limiting any rights which City may have by reason of any default by Contractor hereunder,City may terminate Contractor's performance of the Contract, in whole or in part, at any time, for convenience upon fifteen(15)calendar days written notice to Contractor. B. Contractor Actions Upon receipt of such notice, Contractor shall perform the duties required by Paragraph 5.05 below. At the election of and as directed by the City, any or all of the subcontracts and purchase orders entered in to by Contractor prior to the effective date of termination shall be terminated or shall be assigned to City. C. Compensation 1. If the Parties are unable to agree on the amount of a termination settlement, the City shall pay the Contractor the following amounts: a. For Work performed before the effective date of termination,the total (without duplication of any items)of: i. The cost of the Work;and ii. A sum,as overhead and profit on the cost of the Work,determined by the City to be fair and reasonable. In no event shall Contractor be entitled to recover overhead or profit on Work not performed. b. The reasonable costs of settlement of the Work terminated,including: i. Accounting, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data, if any;and ii. Storage,transportation, and other costs reasonably necessary for the preservation, protection,or disposition of inventory. 2. Such payment shall be Contractor's exclusive remedy for termination for convenience and will be due and payable on the same conditions as set forth for final payment to the extent applicable. ARTICLE 5 G C-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 5.04. D. No Consequential Damages Under no circumstances shall Contractor be entitled to anticipatory or unearned profits or consequential or other damages as a result of a termination or partial termination under this Article 5. The payment to Contractor determined in accordance with this Article constitutes Contractor's exclusive remedy for a termination hereunder. 5.05 CONTRACTOR'S DUTIES UPON TERMINATION FOR CAUSE OR CONVENIENCE If the City terminates Contractor's performance of Work under the Contract, for cause or convenience or if Contractor terminates a Subcontractor with the City's approval,Contractor shall: (1)cease performance of the Work to the extent specified in the notice; (2)take actions necessary or that the City may direct,for the protection and preservation of the Work; (3)settle outstanding liabilities,as directed by City; (4)transfer title and deliver to City Work in progress,specialized equipment necessary to perform the Work; (5) submit all Record Documents, Accounting Records and other data prepared pursuant to the Contract by Contractor and/or its Subcontractors, as applicable, to the City with fifteen (15) calendar days after the City's notice of termination in an organized, usable form, in both hard copy and electronic/digital form, with all items properly labeled to the degree of detail specified by the City;and, (6)except for Work directed by City to be performed prior to the effective date of termination stated in the notice, incur no further costs or expenses and enter into no further subcontracts and purchase orders. No compensation shall be due Contractor, if any, until Contractor complies with the requirements of this Paragraph. [END OF ARTICLE] ARTICLE 5 GC-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; (ii)that such written Change Orders are the exclusive method for effectuating any change to the Contract Sum and/or Contract Time. 6.05 CONSTRUCTION CHANGE DIRECTIVE(FIELD DIRECTIVE) A. A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. The City may by Construction Change Directive,without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions,deletion, or other revisions,the Contract Sum and Contract Time being adjusted accordingly. B. If the Construction Change Directive provides for an adjustment to the Contract Sum,the adjustment shall be calculated in accordance with Paragraph 6.06 herein (Pricing Changes in the Work). C. Upon receipt of the Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the City of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive, for determining the proposed adjustment in the Contract Sum or Contract Time. D. If Contractor believes a Construction Change Directive constitutes a basis for adjustment to the Contract Sum or Contract Time, then Contractor shall give a Notice of Scope Change provided in Paragraph 6.03, followed by a submission of a Change Order Request as required by Paragraph 6.08. Contractor shall,if requested by City in such Construction Change Directive or in a subsequent Construction Change Directive, proceed with the performance of the Work as described in the Construction Change Directive. Failure of Contractor to proceed with the performance of Work, as described in the Construction Change Directive shall give the City the right to carry out the Work, as set forth in Paragraph 2.05. E. A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. F. If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the City on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in the case of an increase in the Contract Sum, Allowable Mark-Ups in accordance with Paragraph 6.06(E) herein. ARTICLE 6 G C-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 if the equipment is supplied by an equipment rental firm. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to City than holding it at the Site, it shall be returned,unless Contractor elects to keep it at the Site at no expense to City. ARTICLE 6 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. All equipment shall be acceptable to City, in good working condition, and suitable for the purpose for which it is to be used. 6. Royalties. Additional or saved costs of royalties due to the performance of the Extra Work or deleted work. 7. Insurance, Bonds. Additional or saved costs of insurance and bonds, provided, however,that for Extra Work such costs shall not exceed one percent(1%)of Items 1 through 6 above. D. Costs Not Allowed Allowable Costs shall not include any of the following: 1. Wages, salaries, fringe benefits and payroll taxes of Contractor's and all Subcontractor's non- craft labor(above a Foreman level); 2. Overhead (including home office overhead), administrative or general expenses of any kind including engineering, estimating, scheduling, drafting, detailing, etc., incurred in connection with Extra Work; 3. Vehicles not dedicated solely for the performance of the extra of deleted work; 4. Small tools(replacement value not exceeding$500); 5. Office expenses, including secretarial and administrative staff,materials and supplies; 6. On-site and off-site trailer and storage rental and expenses; 7. Site fencing; 8. Utilities, including gas,electric, sewer,water,telephone,telefax, copier equipment; 9. Computer and data processing personnel,equipment and software; 10. Federal,state of local business income and franchise taxes; 11. Losses of efficiency or productivity;and 12. Costs and expenses of any kind or item not specifically and expressly included in Paragraph 6.06-C. ARTICLE 6 GC-44 E. Allowable Mark-Up 1. Extra Work by contractor(Markup):The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: Labor 33% Materials 15% Equipment Rental 15% Other Items and Expenditures 15% 2. Extra Work by Subcontractor(Markup):When all or any part of the extra work is performed by a Subcontractor, the markup provided for the Contractor in 6.06.E.1 shall apply to the Subcontractor's actual costs. A markup of 5% on the subcontracted portion of each extra work may be added for the Contractor. F. Net Allowable Costs If anyone scope change involves both Extra Work and deleted work in the same portion of the Work and the additive allowable costs exceed the deductive allowable costs, the Allowable Markups on the Extra Work will be only the difference between the two amounts. 6.07 CITY ORIGINATED REQUEST FOR ITEMIZED CHANGE ORDER PROPOSAL REQUEST City may issue a Construction Change Directive or other written request to Contractor describing a proposed change to the Work and requesting the Contractor submit an itemized change order proposal in a format acceptable to City within ten (10)calendar days after City issues the request.The Contractor's change order proposal shall include an analysis of impacts to cost and time, if any, to perform additional work, change Work or delete Work,as applicable, including the effects and impacts, if any,on unchanged Work,estimates of costs (broken down by the cost categories listed in this Paragraph), and Contractor's proposed methods to minimize costs,delay,and disruption to the performance of the Work. If Contractor fails to submit a written change order proposal within such period of time,it shall be presumed that the change described in the City's original proposal request will not result in an increase to the Contract Sum or Contract Time and the change shall be performed by Contractor without additional compensation to Contractor. City's request for itemized change order proposal request does not authorize the Contractor to commence performance of the change. If City desires that the proposed change be performed,the Work shall be authorized according to the Change Order or Construction Change Directive procedures set forth herein. 6.08 CONTRACTOR ORIGINATED CHANGE ORDER REQUEST(COR) If the Contractor believes that instructions issued by the City after the effective date of the Contract will result in changes to the Contract Sum or Contract Time or if the Contractor otherwise becomes aware of the need for or desirability of a change in the Work, Contractor may submit a written Change Order Request("COR") to the City in writing, in a format acceptable to City and in accordance with the notice provisions and other requirements of Article 7 below for Claims.The COR must specify the reasons for the proposed change,cost impacts and relevant circumstances and impacts on the Construction Schedule. The document shall be complete in its description of the Work, its material and labor quantities and detail, and must support and justify the costs and credits claimed by the Contractor. A Critical Path Method schedule Fragnet is required to support and justify any additional time of performance requested by the Contractor.The City will not review any COR which is incomplete. The Contractor may request additional compensation and/or time through a COR but not for instances that occurred more than ten(10)calendar days prior to the notice date.Contractor's failure to initiate a COR within this ten-day period or to provide detailed back-up documentation to substantiate the COR within thirty(30)calendar days of the initial written notice shall be deemed a waiver of the right to adjustment of the Contract Sum or the Contract Time for the alleged change. Any COR that is ARTICLE 6 GC-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. B. Content The Schedule of Values shall be in sufficient detail as the Director may, in its discretion, deem necessary to evaluate progress at any point in the performance of the Work. Unless otherwise specified in the Contract Documents, the Schedule of Values shall include, without limitation, a breakdown of the general categories of Subcontractor work,direct overhead,profit and contingency, and a further breakdown of the general categories of Subcontractor work into separate trade line items of costs for Subcontractor services,labor and material,which is based on actual Subcontractor contract, subcontract, purchase order or vendor prices. If requested by Director, Contractor shall revise the Schedule of Values to allocate sums for Contractor overhead, profit and/or contingency among the individual line items for trade portions of the Work. No amounts shall be reflected in the Schedule of Values or Application for Payment for Extra Work or Deleted Work for which a Change Order has not been executed by Contractor and City or for which a Construction Change Directive has not been issued by City. Amounts that have been mutually agreed to by Change Order or unilaterally determined by City pursuant to a Construction Change Directive shall be segregated from the cost of the base Contract Work and separately listed by line item in the Schedule of Values.The Schedule of Values must be prepared in sufficient detail and supported by sufficient data to substantiate its accuracy as the Director may require. C. Applications for Payment The Schedule of Values, when approved by the Director, shall be used as a basis for Contractor's Applications for Payment and may be considered as fixing a basis for adjustments to the Contract Sum. ARTICLE 7 GC-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 expediting the progress payment procedure, Contractor shall meet with the Director on or before the twentieth (20th) day of each month to review the Contractor's marked Schedule of Values prepared in accordance with Paragraph 7.03-A,above.The Director shall revise as appropriate and sign the marked Schedule of Values to verify such review. If any item in the marked Schedule of Values submitted for payment is disputed during this review,Contractor agrees to use its best efforts to resolve the disputed items with the Director before submitting its Application for Payment. If the Director and Contractor cannot agree, then the percentage completion shall be established at such percentage as the Director,in good faith,determines is appropriate to the actual progress of the Work. No inaccuracy or error in the Director's good faith estimate shall operate to release Contractor or Surety from any responsibility or liability arising from or related to performance of the Work.The Director shall have the right subsequently to correct any error and dispute any item submitted in Contractor's Application for Payment, regardless of whether an item was identified as disputed in the review process provided for herein. C. Certification Each Application for Payment shall be signed and certified by Contractor under penalty of perjury to City that: 1. the data comprising the Application for Payment is accurate and the Work has progressed to the point indicated; 2. to the best of Contractor's knowledge,information and belief,the Work is in accordance with the Contract Documents; 3. Contractor is entitled to payment in the amount certified;and 4. all sums previously applied for by Contractor on account of Work performed by Subcontractors and that have been paid by City have been paid to the Subcontractors performing such Work, without any retention,withholding or backcharge by Contractor. ARTICLE 7 GC-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 Contractor's certification required by Paragraph 7.03-C,above; 3. submission of conditional releases of stop notice, if any, and bond rights upon progress payment,complying with California Civil Code Section 8132, for all Work performed during the time period covered by the current Application for Payment, signed by Contractor, its Subcontractors of every tier, and all material suppliers to each, and (2)forms of unconditional release of stop notice and bond rights upon progress payment, complying with California Civil Code Section 8134 for all Work performed during the time period covered by the previous Application for Payment, signed by Contractor, its Subcontractors of every tier and all material suppliers to each; 4. compliance by Contractor with its obligation for maintenance of As-Builts as required by the Contract Documents; 5. compliance by Contractor with its obligation for submission of monthly and daily reports as required by the Contract Documents; 6. compliance by Contractor with its obligations for submission of scheduling information and updating of the Construction Schedule as required by Article 4, above and other provisions of the Contract Documents pertaining to preparation or updating of schedule information; 7. submission of certified payroll records as required by the Contract Documents; ARTICLE 7 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 Contractor's right to receive payment for Work performed. B. Payments by City Pursuant to California Public Contract Code Section 20104.50,City shall make progress payment of undisputed sums due within thirty(30) Days after receipt by Director of an undisputed and properly submitted Application for Payment, calculated on the basis of ninety-five percent (95%) of value determined pursuant to Paragraph 7.03-13 above of the following: 1. the portion of the Work permanently installed and in place; 2. plus,the value of materials delivered on the ground or in storage as approved by City pursuant to Paragraph 7.03-D, above, 3. less,the aggregate of previous payments, and 4. less, any other withholdings authorized by the Contract Documents. C. Rejection by City Any Application for Payment determined not to be undisputed,proper and suitable for payment shall be returned to Contractor as soon as practicable, but not later than seven (7) Days, after receipt by City accompanied by an written explanation of the reasons why the payment request was rejected. Failure by City or Director to either timely reject an Application for Payment or specify any grounds for rejection shall not constitute a waiver of any rights by City. Applications for Payment that are rejected shall be corrected and resubmitted within seven (7) Days after receipt by Contractor. D. Interest If City fails to make a progress payment to Contractor as required by Paragraph 7.04-13, above,City shall pay interest to Contractor equivalent to the legal rate set forth in subdivision (a) of California Code of Civil Procedure Section 685.010. The number of Days available to City to make payment pursuant to Paragraph 7.04-13, 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 7.04-13 from each progress payment("Retention")and retained until such time as it is due as described herein.A higher Retention amount may be approved by the City Council where project is deemed"substantially complex"by City Council. Conditions to Final Payment ARTICLE 7 G C-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 G C-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 orthreatened as a result of Contractor's failing to fully perform all of those obligations that are required to be fulfilled by Contractor as a condition to Final Completion and Final Payment.Alternatively,City may elect, in its sole discretion, to accept the Work without correction or completion and adjust the Contract Sum pursuant to the Contract Documents. 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. Withholding/Duty to Proceed The payment, withholding or retention of all or any portion of any payment claimed to be due and owing to Contractor shall not operate in any way to relieve Contractor from its obligations under the Contract Documents. Contractor shall continue diligently to prosecute the Work without reference to the payment, withholding or retention of any payment. The partial payment, withholding or retention by City in good .faith of any disputed portion of a payment, whether ultimately determined to be correctly or incorrectly asserted, shall not constitute a breach by City of the Construction Contract and shall not be grounds for an adjustment of the Contract Sum or Contract Time. C. No Acceptance No payment by City or partial or entire use of the Work by City shall be construed as approval or acceptance of the Work,or any portion thereof. D. Contractor Payment Warranty Submission of an Application for Payment shall constitute a representation and warranty by Contractor that: 1. Title to Work covered by an Application for Payment will pass to City either by incorporation into the construction or upon receipt of payment by Contractor,whichever occurs first;and ARTICLE 7 GC-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 Subcontractor's portion of the Work that it does not intend to pay to such Subcontractor.Upon receipt of payment from City,Contractor shall pay the Subcontractor performing Work on the Project, out of the amount paid to Contractor on account of such Subcontractor's portion of the Work,the amount to which said Subcontractor is entitled in accordance with the terms of its contract with Contractor and applicable laws,including,without limitation,California Public Contract Code Section 7107. Contractor shall remain responsible notwithstanding a withholding by City pursuant to the terms of these Contract Documents, to promptly satisfy from its own funds sums due to all Subcontractors who have performed Work that is included in Contractor's Application for Payment.Contractor shall, by appropriate agreement, require each Subcontractor to make payments to its subcontractors and material suppliers in similar manner. City shall have no obligation to pay or be responsible in any way for payment to a Subcontractor of any tier or material supplier. 7.08 PAYMENTS WITHHELD A. Withholding by City In addition to any other amounts which City may have the right to retain under the Contract Documents, City may withhold a sufficient amount of any payment otherwise due to Contractor as City, in its sole discretion, may deem necessary to cover actual or threatened loss due to any of the following: 1. Third Party Claims. Third-party claims or stop notices filed or reasonable evidence indicating probable filing of such claims or stop notices.City shall promptly inform Contractor of any third party claims related to this Contract. 2. Defective Work. Defective Work not remedied; 3. Nonpayment. Failure of Contractor to make proper payments to its Subcontractors for services, labor, materials or equipment; 4. Inability to Complete. Reasonable doubt that the Work can be completed for the then unpaid balance of the Contract Sum or within the Contract Time; 5. Violation of Applicable Laws. Failure of Contractor or its Subcontractors to comply with applicable laws or lawful orders of governmental authorities; ARTICLE 7 GC-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 prior judicial determination of City's actual rights with respect to such loss. Contractor agrees and hereby designates City as its agent for such purposes, and agrees that such payments shall be considered as payments made under Construction Contract by City to Contractor. City shall not be liable to Contractor for such payments made in good faith. City shall submit to Contractor an accounting of such funds disbursed on behalf of Contractor. As an alternative to such payment, city may, in its sole discretion, elect to exercise its right to adjust the Contract Sum as provided in the Contract Documents. ARTICLE 7 GC-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 SECURITIES A. Public Contract Code Pursuant to the requirements of California Public Contract Code Section 22300, upon Contractor's request, City will make payment to Contractor of any funds withheld from payments to ensure performance under the Contract Documents if Contractor deposits with City, or in escrow with a California or federally chartered bank in California acceptable to City ("Escrow Agent"), securities eligible for the investment of State Funds under Government Code Section 16430,or bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts,standby letters of credit,or any other security mutually agreed to by the Contractor and the City,upon the following conditions: 1. Contractor shall be the beneficial owner or any securities substituted for monies withheld for the purpose of receiving any interest thereon. 2. All expenses relating to the substitution of securities under Public Contract Code Section 22300 and under this Paragraph 7.04, including, but not limited to City's overhead and administrative expenses, and expenses of Escrow Agent shall be the responsibility of Contractor. 3. Securities or certificates of deposit substituted for monies withheld shall be of a value of at least equivalent to the amounts of retention to be paid to Contractor pursuant to the Contract Documents. 4. If Contractor chooses to deposit securities in lieu of monies withheld with an Escrow Agent, Contractor,City and Escrow Agent shall, as a prerequisite to such deposit,enter into an escrow agreement, using the City's form, "Escrow Agreement for Deposit of Securities in Lieu of Retention." 5. Contactor shall obtain the written consent of Surety to such agreement. 6. Securities, if any,shall be returned to Contractor only upon satisfactory Final Completion of the Work. B. Substitute Security To minimize the expense caused by such substitution of securities, Contractor shall, prior to or at the time Contractor requests to substitute security,deposit sufficient security to cover the entire amount to be withheld. Should the current market value of such substituted security fall below the amount for which it was substituted, or any other amounts which the City withholds pursuant to the Contract Documents, Contractor shall immediately and at Contractor's expense and at no cost to City deposit additional security qualifying under Public Contract Code Section 22300 until the current market value of the total security deposited is no less than the amount subject to withholding under the Contract Documents. Securities shall be valued as often as conditions of the securities market warrant, but in no case less frequently than once per month. ARTICLE 7 GC-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 7.11-13, below. For purposes of this Paragraph 7.11,a Claim for which such written notice is required and has been given by Contractor shall be deemed to arise on the date that such written notice is received by City. B. Content of Claim A Claim by Contractor must include all of the following: 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 Contractor's right to assert the Claim and to initiate the Dispute Resolution Process with respect to such Claim. E. Response to Claims,Meet and Confer 1. Claims less than $50,000. Claims less than $50,000 shall be responded to by City in writing within forty-five (45)days of receipt of the Claim, unless City requests additional information or documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City shall respond to the Claim within fifteen (15) days after receipt of the further information or documentation or within a period of time no greater than that taken by Contractor in producing the additional information or documentation,whichever is greater. 2. Claims$50,000 or more. Claims$50,000 or more shall be responded to by City in writing within (60) days of receipt of the Claim, unless City requests additional information or documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City shall respond to the Claim within thirty(30)days after receipt of the further information or documentation or within a period of time no greater than that taken by Contractor in producing the additional information or documentation,whichever is greater. ARTICLE 7 GC-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 Performance/Duty to Proceed with Disputed Work Contractor shall not delay or postpone any Work pending resolution of any claims, disputes or disagreements. Pending final resolution of a claim, the Contactor shall proceed diligently with performance of the Contract and the City shall continue to make payments for undisputed Work in accordance with the Contract Documents. In the event of disputed Work, City shall have the right to unilaterally issue a Work Directive and Contractor shall continue performance pending resolution of the dispute and shall maintain the accounting and cost data to substantiate the cost of such disputed work. [END OF ARTICLE] ARTICLE 7 GC-59 ARTICLE 8- MATERIALS AND EQUIPMENT 8.01 GENERAL A. The Contractor shall furnish all materials and equipment needed to complete the Work and installations required under the terms of this Contract, except those materials and equipment specified to be furnished by the City. B. The Contractor shall submit satisfactory evidence that the materials and equipment to be furnished and used in the work are in compliance with the Specifications. Materials and equipment incorporated in the Work and not specifically covered in the Specifications shall be the best of their kind. Unless otherwise specified,all materials and equipment incorporated in the Work under the Contract shall be new. 8.02 QUALITY AND WORKMANSHIP All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best standard practices. All materials and equipment must be of the specified quality and equal to approved samples, if samples have been required. All Work shall be done and completed in a thorough, workmanlike manner, notwithstanding any omission from the Specifications or Drawings, and it shall be the duty of the Contractor to call attention to apparent errors or omissions and request instructions before proceeding with the Work. The Director may,by appropriate instructions,correct errors and supply omissions,which instructions shall be binding upon the Contractor as though contained in the original Specifications or Drawings.All Work performed under the Specifications will be inspected by the Director as provided in Paragraph 8.04. All materials and equipment furnished and all Work done must be satisfactory to the Director.Work,material,or equipment not in accordance with the Specifications, in the opinion of the Director shall be made to conform thereto. Unsatisfactory materials and equipment will be rejected, and if so ordered by the Director, shall, at the Contractor's expense, be immediately removed from the vicinity of the Work. 8.03 TRADE NAMES AND"OR APPROVED EQUAL" PROVISION Whenever in the Specifications or Drawings the name or brand of a manufactured article is used it is intended to indicate a measure of quality and utility or a standard. Except in those instances where the product is designated to match others in use on a particular improvement either completed or in the course of completion, the Contractor may substitute any other brand or manufacture of equal appearance, quality, and utility on approval of the Director,provided the use of such brand or manufacture involves no additional cost to the City. 8.04 APPROVAL OF MATERIALS A. The Contractor shall furnish without additional cost to the City such quantities of construction materials as may be required by the Director for test purposes. He/she shall place at the Director's disposal all available facilities for and cooperate with him in the sampling and testing of all materials and workmanship. The Contractor shall prepay all shipping charges on samples. No samples are to be submitted with the bids unless otherwise specified. B. Each sample submitted shall be labeled. A letter, in duplicate, submitting each shipment of samples shall be mailed to the Director by the Contractor. Both the label on the sample and the letter of transmittal shall indicate the material represented, its place of origin, the names of the producer and ARTICLE 8 G C-60 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 City's discretion,be inspected at the point of manufacture or supply,and materials and equipment supplied from points outside the Los Angeles area will be inspected upon arrival at the job,except when other inspection requirements are provided for specific materials in other sections of the Contract Documents. 8.06 AUTHORITY OF THE DIRECTOR A. On all questions concerning the acceptability of materials or machinery,the classification of materials, the execution of the Work,and conflicting interests of Contractors performing related work,the decision of the Director shall be final and binding. B. The Director will make periodic observations of materials and completed work to observe their compliance with Drawings, Specifications, and design and planning concepts, but he/she is not responsible for the superintendence of construction processes,site conditions,operations,equipment, personnel,or the maintenance of a safe place to work or any safety in,on,or about the site of work. 8.07 INSPECTION All materials furnished and work done under this Contract will be subject to rigid inspection.The Contractor shall furnish,without extra charge,the necessary test pieces and samples, including facilities and labor for obtaining them, as requested by the Director.The Director, or his/her authorized agent or agents,at all times shall have access to all parts of the shop and the works where such materials under his/her inspection is being manufactured or the work performed. Work or material that does not conform to the Specifications, although accepted through oversight,may be rejected at any stage of the Work. Whenever the Contractor is permitted or directed to do night work or to vary the period during which work is carried on each day, he/she shall give the Director due notice, so that inspection may be provided. Such work shall be done under regulations to be furnished in writing by the Director. 8.08 INFRINGEMENT OF PATENTS The Contractor shall hold and save the City, its officers, agents, servants, and employees harmless from and against all and every demand or demands, of any nature or kind,for or on account of the use of any patented invention, process, equipment, article, or appliance employed in the execution of the Work or included in the materials or supplies agreed to be furnished under this Contract, and should the Contractor, his/her agents, 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 8 GC-62 ARTICLE 9—SUBMITTALS 9.01 GENERAL A. The Contractor shall submit samples,drawings,and data for the Director's approval which demonstrate fully that the construction, and the materials and equipment to be furnished will comply with the provisions and intent of the Drawings and Specifications. B. Specific items to be covered by the submittals shall include,as a minimum,the following: 1. For structures, submit all shop, setting, equipment, miscellaneous iron and reinforcement drawings and schedules necessary. 2. For conduits, submit a detailed layout of the conduit with details of bends and fabricated specials and furnish any other details necessary. Show location of shop and field welds. 3. For equipment which requires electrical service,submit detailed information to show power supply requirements, wiring diagrams, control and protection schematics, shop test data, operation and maintenance procedures, outline drawings, and manufacturer's recommendation of the interface/interlock among the equipment. 4. For mechanical equipment submit all data pertinent to the installation and maintenance of the equipment including shop drawings, manufacturer's recommended installation procedure, detailed installation drawings,test data and curves,maintenance manuals,and other details necessary. 5. Samples 6. Colors 7. Substitutions 8. Manuals 9. As-built drawings 10. Safety plans required by Article 10 9.02 PRODUCT HANDLING A. Submittals shall be accompanied by a letter of transmittal and shall be in strict accordance with the provisions of this Article. B. Submit priority of processing when appropriate. 9.03 SCHEDULE OF SUBMITTALS A. The Contractor shall prepare and submit a schedule of submittals. The schedule of submittals shall be in the form of a submittal log. Refer to Paragraph 9.12. ARTICLE 9 G C-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 corner of each drawing and shall be clear of all line Work,dimensions,details,and notes. Sheet Sizes Height X Width 11"X81/2" 11"X 17" 24"X 36" 30"X 42" 9.05 COLORS Unless the precise color and pattern are specified elsewhere,submit accurate color charts and pattern charts to the Director for his/her review and selection whenever a choice of color or pattern is available in a specified product. Label each chart naming the source,the proposed location of use on the project,and the project. 9.06 MANUFACTURERS'LITERATURE Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly show which portions of the contents are being submitted for review. 9.07 SUBSTITUTIONS A. The Contract is based on the materials,equipment,and methods described in the Contract Documents. Any Contractor proposed substitutions are subject to the Director's approval. 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 G C-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 QUANTITIES A. Submit seven(7)copies of all data and drawings unless specified otherwise. B. Submit all samples, unless specified otherwise, in the quantity to be returned, plus two, which will be retained by the Director. 9.11 IDENTIFICATION OF SUBMITTALS Completely identify each submittal and re-submittal by showing at least the following information: A. Name and address of submitter, plus name and telephone number of the individual who may be contacted for further information. B. Name of project as it appears in the Contract Documents and Specification No. C. Drawing number and Specifications section number other than this section to which the submittal applies. D. Whether this is an original submittal or re-submittal. E. For samples, indicate the source of the sample. ARTICLE 9 G C-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 notes 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 G C-67 i ARTICLE 10—SAFETY 10.01 PROTECTION OF PERSONS AND PROPERTY A. Contractor's Responsibility: Notwithstanding any other provision of the Contract Documents, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property,during performance of the Work.This requirement will apply continuously and will not be limited to normal working hours.Safety and sanitary provisions shall conform to all applicable Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of these are in conflict,the more stringent requirement shall be followed. B. Sanitary Facilities.The Contractor shall furnish and maintain sanitary facilities by the worksites for the entire construction period. C. Protection of the Public.The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life,loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Director, a condition exists which the Contractor has not taken sufficient precaution of public safety,protection of utilities and/or protection of adjacent structures or property, the Director will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the Director,or in the event of an emergency situation,the Director may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the Director, may seem reasonable and necessary. The cost and expense of all repairs(including labor and materials) as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor. 10.02 PROTECTION FROM HAZARDS A. Trench Excavation Excavation for any trench four(4)feet or more in depth shall not begin until the Contractor has received approval from the Director of the Contractor's detailed plan for worker protection from the hazards of caving ground during the excavation of such trench. Such plan shall show the details of the design of shoring,bracing,sloping or other provisions to be made for worker protection during such excavation. No such plan shall allow the use of shoring,sloping or protective system less effective than that required by the Construction Safety Orders of the Division of Occupational Safety and Health, and if such plan varies from the shoring system standards established by the Construction Safety Orders,the plan shall be prepared and signed by an engineer who is registered as a Civil or Structural Director in the State of California. B. Confined Spaces Contractor shall comply with all of the provisions of General Industry Safety Orders of the California Code of Regulations. Entry of a confined space shall not be allowed until the Contractor has received approval from the Director of the Contractor's program for confined space entry. Confined space means a space that (1) Is large enough and so configured that an employee can bodily enter and perform assigned Work; and (2) Has limited or restricted means for entry or exit(for example, tanks, vessels, silos,storage bins, hoppers,vaults,and pits are spaces that may have limited means of entry);and(3) 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 four feet below the surface of the ground that constitute: 1. Material that the Contractor believes may be material that is hazardous waste as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class ll, or Class III disposal site in accordance with provisions of existing law. 2. Subsurface or latent physical conditions at the site differing materially from those indicated in these Contract Documents. 3. Unknown physical conditions at the site, of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in these Contract Documents. B. Notice by Contractor. If the Contractor encounters conditions it believes constitute Differing Site Conditions, then notice of such conditions shall, before such conditions are disturbed, be promptly reported to the Director followed within twenty-four (24) hours by a further written notice stating a detailed description of the conditions encountered. C. The Director will promptly investigate the conditions and If he/she finds that such conditions do materially differ, or do involve hazardous waste, and do cause an increase or decrease in the Contractor's cost of,or time required for, performance of any part of the Work under this Contract, an equitable adjustment will be made,as determined by the Director. D. Change Order Request. If Contractor intends to seek an adjustment to the Contract Sum or Contract Time based upon Differing Site Conditions,it must,within ten(10)Days after the Discovery Date relative to such conditions,submit a Change Order Request setting forth a detailed cost breakdown and Time Impact Analysis, in the form required by Article 6 of these General Conditions, of the additional Allowable Costs and Excusable Delay resulting from such Differing Site Conditions. i ARTICLE 10 GC-69 I 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 Contractor's cost of, or time required for, performance of any part of the Work,the Contractor shall not be excused from any completion date required by the Contract, but shall proceed with all Work to be performed under the Contract Documents. H. The Contractor shall retain all rights provided by, and shall be subject to all requirements of, this Contract which pertain to the resolution of disputes and protests. I. Contractor Responsibility. Except as otherwise provided in this Paragraph 10.03 for Differing Site Conditions, Contractor agrees to solely bear the risk of additional cost and Delay due to concealed or unknown conditions,surface or subsurface,at the Site or in Existing Improvements,without adjustment to the Contract Sum or Contract Time. 10.04 TRAFFIC REGULATION A. During the performance of the Work the Contractor shall erect and maintain necessary temporary fences,bridges, railings, lights,signals,barriers,or other safeguards as shall be appropriate under the circumstance in his/her judgment for the prevention of accidents; and he/she shall take other precautions as necessary for public safety including, but not limited to, traffic control. Traffic control shall be conducted in accordance with the latest edition of the Work Area Traffic Control ("WATCH") handbook, published by BNi Books, and as directed and approved by the City Traffic and Transportation Administrator. B. Contractor shall submit at least ten(10)Working Days prior to Work a detailed traffic control plan,that is approved by all agencies having jurisdiction and that conforms to all requirements of the Specifications. C. No changes or deviations from the approved detailed traffic control plan shall be made, except temporary changes in emergency situations, without prior approval of the City Traffic and Transportation Administrator and all agencies having jurisdiction. Contractor shall immediately notify the Director,the City Traffic and Transportation Administrator and the agencies having jurisdiction of occurrences that necessitate modification of the approved traffic control plan. D. Contractor's failure to comply with this provision may result in actions as provided in Article 5: "Suspension or Termination of Contract"of these General Conditions. ARTICLE 10 G C-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 closed and when. Also the construction project manager's name and business phone number and the construction inspector's name and business phone number. B. The Contractor shall notify,by telephone,the Police Department, (323)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 daily basis during the entire period that construction is in progress whenever roadways are reduced in width or blocked. Notification shall be made to the Fire Dispatch (323) 583-8811 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 Vernon for requirements for building or access road safety improvements that the Contractor shall construct during construction period. These devices or improvements, as the City deems necessary or prudent,shall be at the expense of the Contractor. [END OF ARTICLE] ARTICLE 10 GC-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("Indemnitees")from and against any and all demands, liability, loss, suit, claim, action, cause of action, damage, cost, judgment, settlement,decree,arbitration award,stop notice, penalty, loss of revenue,and expense(including any fees of accountants,attorneys,experts or other professionals,and costs of investigation,mediation,arbitration,litigation and appeal),in law or in equity,of every kind and nature whatsoever,arising out of or in connection with,resulting from or related to,or claimed to be arising out of the Work performed by Contractor,or any of its officers,agents, employees,Subcontractors,Sub-Subcontractors,design consultants or any person for whose acts any of them may be liable, regardless of whether such claim,suit or demand is caused, or alleged to be caused, in part, by an Indemnitee,including but not limited to: A. Bodily injury,emotional injury,sickness or disease,or death to any persons; B. Infringement of any patent rights, licenses, copyrights or intellectual property which may be brought against the Contractor or City arising out of Contractor's Work,for which the Contractor is responsible; C. Stop notices and claims for labor performed or materials used or furnished to be used in the Work, including all incidental or consequential damages resulting to City from such stop notices and claims; D. Failure of Contractor or its Subcontractors to comply with the provisions for insurance; E. Failure to comply with any Governmental Approval or similar authorization or order; F. Misrepresentation, misstatement,or omission with respect to any statement made in or any document furnished by the Contractor in connection therewith; G. Breach of any duty,obligation,or requirement under the Contract Documents; H. Failure to provide notice to any Party as required under the Contract Documents; I. Failure to protect the property of any utility provider or adjacent property owner;or J. Failure to make payment of all employee benefits. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees, except that, to the limited extent mandated by California Civil Code Section 2782, the Contractor shall not be responsible for liabilities which arise from the sole negligence or willful misconduct of Indemnitees or arise from the active negligence of City. 11.02 ENFORCEMENT Contractor's obligations under this Article extend to claims occurring after termination of the Contractor's performance of the Contract or Final Payment to Contractor. The obligations apply regardless of any actual or alleged negligent act or omission of Indemnitees. Contractor, however, shall not be obligated under this Agreement to indemnify an Indemnitee for claims arising from the sole active negligence or willful misconduct of the Indemnitee or independent contractors who are directly responsible to Indemnitees. Contractor's obligations under this Article are in addition to any other rights or remedies which the Indemnitees may have under the law 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 if the Contractor provides the City with reasonable assurance of protection of the City's interests. The City shall in its sole discretion determine whether such assurances are reasonable. 11.03 NO LIMITATIONS Contractor's indemnification and defense obligations set forth in this Article are separate and independent from the insurance provisions set forth in Article 12 herein; and do not limit, in any way,the applicability, scope, or obligations set forth in those insurance provisions. In claims,suits, or demands against any Indemnitee by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable,the Contractor's indemnification and defense obligations shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers'compensation acts,disability benefits acts,or other employee benefits acts. [END OF ARTICLE] 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 CONDITIONS REGARDING INSURANCE COVERAGE AND LIMITS City and Contractor agree as follows: A. All insurance coverage and limits provided pursuant to the Contract Documents shall apply to the full extent of the policies involved, available or applicable. Nothing contained in the Contract Documents or any other agreement relating to City or its operations limits the application of such insurance coverage. B. None of the policies required by this Contract shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing by the City Attorney or City's Risk Manager. 12.04 INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY OBLIGATION This Agreement's insurance provisions: A. Are separate and independent from the indemnification and defense provisions in Article 12 of the Agreement;and B. Do not limit, in any way,the applicability,scope, or obligations of the indemnification and defense provisions in Article 12 of the Agreement. [END OF ARTICLE] ARTICLE 12 GC-75 ARTICLE 13— BONDS 13.01 REQUIRED BONDS A. Contractor shall furnish the following bonds: 1. A Performance Bond in an amount equal to one hundred percent(100%)of the total Contract price in the form shown in Exhibit"1"attached hereto. 2. A Payment Bond (Labor and Material) in an amount equal to one hundred percent(100%) of the total Contract price in the form shown in Exhibit"2"attached hereto. 3. A Maintenance Bond in an amount equal to ten percent (10%) of the total Contract price in the form shown in Exhibit"3"attached hereto. 13.02 POWER OF ATTORNEY All bonds shall be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety shall be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. 13.03 APPROVED SURETY All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of "A: VII", or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. 13.04 REQUIRED PROVISIONS Every bond must display the surety's bond number and incorporate the Contract for construction of the Work by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of the Contract Documents. 13.05 NEW OR ADDITIONAL SURETIES If, during the continuance of the Contract, any of the sureties, in the opinion of the City, are or become non- responsible or otherwise unacceptable to City, City may require other new or additional sureties, which the Contractor shall furnish to the satisfaction of City within ten (10) days after notice, and in default thereof the 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. City's decision as to the acceptability of all sureties and bonds is final. No substitution of the form of the documents will be permitted without the prior written consent of City. [END OF ARTICLE] ARTICLE 13 G C-77 ARTICLE 14- LABOR PROVISIONS 14.01 WORKING HOURS A. Work or activity of any kind shall be limited to the hours from 7:00 a.m.to 7:00 p.m. No construction noise shall be permitted between the hours of 7:00 p.m.and 7:00 a.m.of the next day. B. Work in excess of eight (8) hours per day, on Saturdays, Sundays, or on City holidays requires prior consent of the Director and is subject to Cost of Overtime Construction Inspection. C. Night,Sunday and Holiday Work.No Work shall be performed at night, Sunday,or the ten(10) legal holidays to wit: New Year's Day, Martin Luther King,Jr. Day,Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday following Thanksgiving Day, and Christmas Day, except Work pertaining to the public safety or with the permission of the Director,and accordance with such regulations as he/she shall furnish in writing. Before performing any Work at said times,except Work pertaining to the public safety,the Contractor shall give written notice to the Director so that proper inspection may be provided. "Night"as used in this paragraph shall be deemed to include the hours from 7:00 P.M.to 7:00 A.M.of the next succeeding day. 14.02 COST OF OVERTIME CONSTRUCTION SERVICES AND INSPECTIONS A. Overtime construction Work performed at the option of, or for the convenience of, the Contractor will be inspected by the City at the expense of the Contractor. For any such overtime beyond the regular 8-hour day and for any time worked on Saturday, Sunday, or holidays the charges will be determined by the City,and submitted to the Contractor for payment. B. Equipment,materials,or services provided by the City,in connection with Contractor-initiated overtime construction Work described in Paragraph 14.02(A),will also be at the expense of the Contractor. The charges will be determined by the City,and submitted to the Contractor for payment. C. There will be no charges to the Contractor for the inspection of overtime Work ordered by the Director or required by the Contract Documents. 14.03 COMPLIANCE WITH STATE LABOR CODE A. Contractor shall comply with the provisions of the Labor Code of the State of California and any amendments thereof. 1. The time of service of any worker employed upon the Work shall be limited and restricted to eight (8)hours during any one-calendar day,and 40 hours during any one-calendar week. 2. Work performed by employees of the Contractor in excess of eight(8)hours per day,and 40 hours during any one calendar week, shall be permitted upon compensation for all hours worked in excess of eight(8)hours per day at not less than one and one-half times the basic rate of pay. 3. The Contractor and every Subcontractor shall keep an accurate record showing the name of and the actual hours worked each calendar day and each calendar week by each worker employed by him/her in connection with the Work;the record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Standards Enforcement of the State of California. 4. In the event City deems Contractor is in violation of this Paragraph 14.03,the Contractor shall,as i 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 I violation, a (one hundred dollar) $100 penalty shall apply for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to cover underpaid wages.This subparagraph is effective to the extent it does not directly conflict with the overtime penalty provision of California Labor Code Section 558. In the event of such conflict,the California Labor Code governs over this Paragraph 14.03(A)(4). 14.04 WAGE RATES A. Prevailing Wages 1. Contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime Work in the locality in which the Work is to be performed, for each craft, classification, or type of worker needed to execute the Contract. The Director of the Department of Industrial Relations of the State of California (pursuant to California Labor Code) and the United States Secretary of Labor (pursuant to the Davis-Bacon Act) have determined the general prevailing rates of wages in the locality in which the Work is to be performed. The rates are available online at www.dir.ca.gov/DLSR/PWD/. To the extent that there are any differences in the federal and state prevailing wage rates for similar classifications of labor,the Contractor and its Subcontractors shall pay the highest wage rate. 2. The Contractor shall post a copy of the general prevailing rate of per diem wages at the job site. 3. The Contractor and any Subcontractor under him/her shall pay not less than the specified prevailing rate of wages to all workers employed in the execution of the Contract. 4. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining Contract applicable to the particular craft,classification,or type of worker employed on the project. 5. The Contractor shall, as a penalty to the State or the City, forfeit not more than Fifty Dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for the Work or craft in which the worker is employed under the Contract by the Contractor or by any Subcontractor under him. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which such worker was paid less than the stipulated prevailing wage rate shall be paid to such worker by the Contractor. 6. The specified wage rates are minimum rates only and the City will not consider and shall not be liable for any claims for additional compensation made by the Contractor because of payment by him/her of any wage rate in excess of the general prevailing rates. All disputes in regard to the payment of wages in excess of those specified herein shall be adjusted by the Contractor at his/her own expense. B. Payroll Records 1. Pursuant to California Labor Code Section 1776, the Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, Work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in ARTICLE 14 G C-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 GC-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 or employees,Subcontractors,or any agent or employee thereof, to trespass on premises or lands in the vicinity of the Work. Only skilled foremen and workers shall be employed on Work requiring special qualifications, and when required by the Director, the Contractor shall discharge any person who commits trespass,or in the opinion of the Director,acts in a disorderly,dangerous, insubordinate, incompetent,or otherwise objectionable manner. Any employee being intoxicated or bringing or having intoxicating liquors or controlled substances on the Work shall be discharged. Such discharge shall not be the basis of any claim for compensation of damages against the City or any of its officers,agents,and employees. 14.08 NO SMOKING—STATE LABOR CODE SECTION 6404.5 The Contractor and its agents,employees, Subcontractors, representatives,and any person under Contractor's control,are prohibited from smoking in—or within a 20-foot distance from—the Site,which is a "place of employment" under California Labor Code§6404.5. [END OF ARTICLE] ARTICLE 14 GC-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 Contractor's time for performance. Adequate supporting data to a Statement of Dispute submitted by Contractor involving Contractor's compensation shall include a detailed cost breakdown and supporting cost data in such form and including such detailed information and other supporting data as required to demonstrate the grounds for,and precise amount of,the Claim. B. By City City's right to commence the Claims Dispute Resolution Process shall arise at any time following the City's actual discovery of the circumstances giving rise to the Claim. Nothing contained herein shall preclude City from asserting Claims in response to a Claim asserted by Contractor. A Statement of Dispute submitted by City shall state the events or circumstances giving rise to the Claim,the dates of their occurrence and the damages or other relief claimed by City as a result of such events. C. Claims Defined The term"claims"as used herein shall be as defined in California Public Contract Code§20104(b)(2). 15.02 CLAIMS DISPUTE RESOLUTION PROCESS The parties shall utilize each of the following steps in the Claims Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Claims Dispute Resolution Process,which good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the Claims Dispute Resolution Process. A. Direct Negotiations Designated representatives of City and Contractor shall meet as soon as possible (but not later than ten (10) Days after receipt of the Statement of Dispute) in a good faith effort to negotiate a resolution to the Claim. Each party shall be represented in such negotiations by an authorized representative with full knowledge of the details of the Claim or defenses being asserted by such party, and with full authority to resolve such Claim then and there,subject only to City's right and obligation to obtain City Council[or other City official]approval of any agreed settlement or resolution. In the Claim involves the assertion of a right or claim by a Subcontractor against Contractor that is in turn being asserted by Contractor against City, then such Subcontractor shall also have a representative attend such negotiations, with the same authority and knowledge as just described. Upon completion of the meeting, if the Claim is not resolved, the parties may either continue the negotiations or either party ARTICLE 15 GC-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 after such Final Completion and thereafter pursued to resolution pursuant to the Claims Dispute Resolution Process. Nothing contained in this Article 15 shall be interpreted as limiting the parties' rights to continue informal negotiations of Claims that have been deferred until such Final Completion; provided, however,that such informal negotiations shall not be interpreted as altering the provisions of this Article 15 deferring final determination and resolution of unresolved Claims until after Final Completion of the Work. C. Legal Proceedings If the Claim is not resolved by direct negotiations then the party wishing to further pursue resolution or determination of the Claim shall submit the Claim for determination by commencing legal proceedings in a court of competent jurisdiction. 15.03 NO WAIVER Participation in the Claims Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of either party, including,without limitation, any defense based on the assertion that the rights of Contractor that are the basis of a Claim were previously waived by Contractor due to failure to comply with the Contract Documents, including, without limitation, Contractor's failure to comply with any time periods for providing notices or for submission or supporting documentation of Claims. [END OF ARTICLE] ARTICLE 15 G C-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 City's other rights and remedies for breach, including any other provisions for withholding set forth in the Contract Documents, City shall have the right, exercised in its sole discretion,to withhold from any payment to Contractor due under a current Application for Payment an additional sum of up to ten percent(10%)of the total amount set forth in such Application for Payment, until Contractor and its Subcontractors have complied with any outstanding and unsatisfied request by City under this Article 16. Upon such compliance with this Article 16, any additional monies withheld pursuant to this Paragraph 16.03 shall be released to Contractor. 16.04 SPECIFIC ENFORCEMENT BY CITY Contractor agrees that any failure by Contractor or any Subcontractor to provide access to its books and records as required by this Article 16 shall be specifically enforceable, by issuance of a preliminary and/or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court and without the necessity of oral testimony, to compel Contractor to permit access, inspection, audits and/or reproduction of such books and records or to require delivery of such books and records to City for inspection,audit and/or reproduction. [END OF ARTICLE] ARTICLE 16 G C-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. B. Taxes,Employee Benefits Contractor shall pay at its own expense,at no cost to the City and without adjustment to the Contract Sum, all local, state and federal taxes, including, without limitation all sales, consumer,business license,use and similar taxes on materials,labor or other items furnished for the Work or portions thereof provided by Contractor or Subcontractors,all taxes arising out of its operations under the Contract Documents and all benefits, insurance, taxes and contributions for social security and unemployment insurance which are measured by wages, salaries or other remuneration paid to Contractor's employees. If under federal excise tax law any transaction hereunder constitutes a sale on which a federal excise tax is imposed and the sale is exempt from such excise tax because it is a sale to meat for its exclusive use, then City,upon request,will execute documents necessary to show that is a political subdivision of the State for the purposes of such exemption and that the sale is for the exclusive use of the City, in which case no excise tax for such materials shall be included in the Bid or Contract Sum. C. Notice of Violations Contractor shall immediately notify the City and Director in writing of any instruction received from the City, Director,Architect or other person or entity that, if implemented,would cause a violation of any applicable law or lawful order of a governmental authority. If Contractor fails to provide such notice, then Director 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. Documents on Site Contractor shall keep on the Project site,at all times and for use by City, Director, Inspectors of Record and City's Consultants,a complete set of the Contract Documents that have been approved by applicable Governmental Authorities. C. Delivery to City All Design Documents, Contract Documents and Submittals in the possession of Contractor or Subcontractors shall be returned to the City upon the earlier of Final Completion or termination of the Construction Contract; provided, however, that Contractor and each Subcontractor shall have the right to retain one (1) copy of the Contract Documents and Submittals for its permanent records D. Subcontractors Contractor shall take all necessary steps to assure that a provision is included in all subcontracts with Subcontractors,of every tier,who perform Work on the Project establishing, protecting and preserving the,City's rights set forth in this Paragraph. 17.03 AMENDMENTS The Contract Documents may be amended only by a written instrument duly executed by the parties or their respective successors or assigns. 17.04 WAIVER Either party's waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of the Contract Documents at any time shall not in any way limit or waive that party's right thereafter to enforce or compel strict compliance with every term,covenant, condition or other provision, any course of dealing or custom of the trade notwithstanding. Furthermore, if the parties make and implement any interpretation of the Contract Documents without documenting such interpretation by an instrument in writing signed by both parties, such interpretation and implementation thereof will not be binding in the event of any future disputes. 17.05 INDEPENDENT CONTRACTOR Contractor is an independent contractor,and nothing contained in the Contract Documents shall be construed as constituting any relationship with City other than that of Project owner and independent contractor. In no event shall the relationship between City and Contractor be construed as creating any relationship whatsoever between City and Contractor's employees. Neither Contractor nor any of its employees is or shall be deemed to be an employee of City. Except as otherwise specified in the Contract Documents, Contractor has sole authority and responsibility to employ, discharge and otherwise control its employees and has complete and sole responsibility as a principal for its agents, for all Subcontractors and for all other Persons that Contractor or any Subcontractor hires to perform or assist in performing the Work. 17.06 SUCCESSORS AND ASSIGNS The Contract Documents shall be binding upon and inure to the benefit of City and Contractor and their 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—in the City of Vernon, California. 17.12 FURTHER ASSURANCES Contractor shall promptly execute and deliver to City all such instruments and other documents and assurances as are reasonably requested by City to further evidence the obligations of Contractor hereunder,including assurances regarding assignments of Subcontractors contained herein. 17.13 SEVERABILITY If any clause, provision, section, paragraph or part of the Contract is ruled invalid by a court having proper jurisdiction, then the parties shall: (a) promptly meet and negotiate a substitute for such clause, provision, section, paragraph or part, which shall, to the greatest extent legally permissible, effect the original intent of the parties, including an equitable adjustment to the Contract Price to account for any change in the Work resulting from such invalidated portion; and (b) if necessary or desirable, apply to the court or other decision maker(as applicable)which declared such invalidity for an interpretation of the invalidated portion to guide the negotiations. The invalidity or unenforceability of any such clause, provision,section, paragraph or part shall not affect the validity or enforceability of the balance of the Contract, which shall be construed and enforced as if the Contract did not contain such invalid or unenforceable clause, provision,section, paragraph or part. 17.14 HEADINGS The captions of the sections of the Contract are for convenience only and shall not be deemed part of the Contract or considered in construing the Contract. 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: 1. The City of Vernon,California("City"),has awarded to (Name,address,and telephone of Contractor) ("Principal"), a Contract(the"Contract")for the Work described as follows: No. 0607 in Vernon,CA. 2. Principal is required under the terms of the Contract— and all contract documents referenced in it ("Contract Documents")—to furnish a bond guaranteeing Principal's faithful performance of the Work. 3. The Contract and Contract Documents,including all their amendments and supplements,are incorporated into this Bond and made a part of it by this reference. OBLIGATION: THEREFORE,for value received,We, Principal and (Name,address,and telephone of Surety) ("Surety"), a duly admitted surety insurer under California's laws,agree as follows: By this Bond,We jointly and severally obligate and bind ourselves,and our respective heirs,executors,administrators, successors,and assigns to pay City the penal sum of Dollars($ )("the Bonded Sum"),this amount comprising not less than the total Contract Sum,in lawful money of the United States of America. The California Licensed Resident Agent for Surety is: (Name,address,and telephone) Registered Agent's California Department of Insurance License No. THE CONDITION OF THIS BOND'S OBLIGATION IS THAT,if Principal promptly and faithfully performs the undertakings, terms, covenants, conditions, and agreements in the Contract and Contract Documents (including all their amendments and supplements), all within the time and in the manner that those documents specify, then this obligation becomes null and void. Otherwise,this Bond remains in full force and effect,and the following terms and conditions apply to this Bond: 1. This Bond specifically guarantees Principal's performance of each obligation and all obligations under the Contract and Contract Documents,as they may be amended and supplemented—including,but not limited to, Principal's liability for liquidated damages,Warranties,Guarantees,Correction,and Maintenance obligations as specified in the Contract and Contract Documents—except that Surety's total obligation,as described here,will not exceed the Bonded Sum. 2. For those obligations of Principal that survive Final Completion of the Work described in the Contract and Contract Documents,the guarantees in this Bond also survive Final Completion of the Work. 3. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly: (a)remedy the default; (b)complete the Project according to the Contract Documents'terms and conditions then in effect;or(c)using a procurement methodology approved by City,select a contractor or contractors—acceptable to City—to complete all of the Work, and arrange for a contract between the contractor(s)and City. Surety shall make available, as the Work progresses,sufficient funds to pay the cost of completion less the balance of the Contract Sum, 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 obligations under this Bond are separate, independent from, and not contingent upon any other surety's guaranteeing Principal's faithful performance of the Work. 6. No right of action accrues on this Bond to any entity other than City or its successors and assigns. 7. If an action at law or in equity is necessary to enforce or interpret this Bond's terms,Surety must pay—in addition to the Bonded Sum—City's reasonable attorneys'fees and litigation costs,in an amount the court fixes. 8. Surety shall mail City written notice at least 30 days before:(a)the effective date on which the Surety will cancel,terminate, or withdraw from this Bond;or(b)this Bond becomes void or unenforceable for any reason. On the date set forth below, Principal and Surety duly executed this Bond,with the name of each party appearing below and signed by its representative(s)under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name) (Name) Its: Its: (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: CORPORATE SEAL CORPORATE SEAL ■ THIS BOND MUST BE EXECUTED IN TRIPLICATE. ■ EVIDENCE MUST BEATTACHEDOF THE AUTHORITYOF ANY PERSON SIGNING ASATTORNEY--IN-FACT. ■ THE ATTORNEY-IN-FACT'S SIGNATURE MUST BE NOTARIZED. ■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL,OR THE SURETY,OR BOTH, AREA CORPORATION. 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 EXHIBIT 1 -PERFORMANCE BOND-3 of 3 EXHIBIT 2 Bond No.: Premium Amount:$ Bond's Effective Date: PAYMENT BOND (LABOR AND MATERIALS) RECITALS: 1. The City of Vernon,California("City"),has awarded to (Name,address,and telephone of Design-Builder) ("Principal"), a Contract(the"Contract")for the Work described as follows: Specification No. in Vernon,CA. 2. Principal is required under California Civil Code Sections 3247-3248 and the terms of the Contract—and all contract documents referenced in it ("Contract Documents")—to furnish a bond guaranteeing Principal's paying claims, demands,liens,or suits for any work,labor,services,materials,or equipment furnished or used in the Work. 3. The Contract and Contract Documents,including all their amendments and supplements,are incorporated into this Bond and made a part of it by this reference. OBLIGATION: THEREFORE,for value received,We, Principal and (Name,address,and telephone of Surety) ("Surety"), a duly admitted surety insurer under California's laws,agree as follows: By this Bond,We jointly and severally obligate and bind ourselves,and our respective heirs,executors,administrators, successors,and assigns to pay City the penal sum of Dollars($ )("the Bonded Sum"),this amount comprising not less than the total Contract Sum,in lawful money of the United States of America. The California Licensed Resident Agent for Surety is: (Name,address,and telephone) Registered Agent's California Department of Insurance License No. THE CONDITION OF THIS BOND'S OBLIGATION IS THAT, if Principal or a subcontractor fails to pay (a) any person named in California Civil Code Section 3181, or any successor legislation; (b) any amount due under California's Unemployment Insurance Code,or any successor legislation,for work or labor performed under the Contract or Contract Documents;or(c)any amount under Unemployment Insurance Code Section 13020,or any successor legislation,that Principal or a subcontractor must deduct,withhold,and pay over to the Employment Development Department from the wages of its employees,for work or labor performed under the Contract or Contract Documents, then Surety shall pay for the same in an amount not-to-exceed the Bonded Sum. Otherwise,this obligation becomes null and void. While this Bond remains in full force and effect,the following terms and conditions apply to this Bond: 1. This Bond inures to the benefit of any of the persons named in California Civil Code Section 3181,or any successor legislation,giving those persons or their assigns a right of action in any suit brought upon this Bond,unless California Civil Code Section 3267,or any successor legislation,applies. 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 work, labor,services,materials,or equipment furnished or used in the Work. 4. If an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay—in addition to the Bonded Sum—City's reasonable attorneys'fees and litigation costs,in an amount the court fixes. 5. Surety shall mail City written notice at least 30 days before: (a)the effective date on which the Surety will cancel, terminate,or withdraw from this Bond;or(b)this Bond becomes void or unenforceable for any reason. On the date set forth below, Principal and Surety duly executed this Bond,with the name of each party appearing below and signed by its representative(s)under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name) (Name) Its: Its: (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: CORPORATE SEAL CORPORATE SEAL ■ THIS BOND MUST BE EXECUTED IN TRIPLICATE. ■ EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT. ■ THE ATTORNEY-IN-FACT'S SIGNATURE MUST BE NOTARIZED. ■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL,OR THE SURETY,OR BOTH, AREA CORPORATION. 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 2-PAYMENT BOND-2 of 3 BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY-IN-FACT STATE OF CALIFORNIA ) ss. COUNTY OF ) On this day of 20 , before me, (name),a Notary Public for said County,personally appeared (name), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of and acknowledged to me that he/she subscribed the name of thereto as principal, and his/he own name as attorney in fact. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public SEAL EXHIBIT 2-PAYMENT BOND-3 of 3 EXHIBIT 3 Bond No.: Premium Amount:$ Bond's Effective Date: MAINTENANCE BOND RECITALS: 1. The City of Vernon,California("City"),has awarded to (Name,address,and telephone of Contractor) ("Principal"), a Contract(the"Contract")for the Work described as follows: Specification No. in Vernon,CA. 2. Principal is required under the terms of the Contract— and all contract documents referenced in it ("Contract Documents")—after completion of the Work and before the filing and recordation of a Notice of Completion for the Work, to furnish a bond to secure claims for Maintenance equal to ten percent (10%) of the total amount of the Contract Which shall hold good for a period of one (1) year from the date the City's Notice of Completion and Acceptance of the Work is filed with the County Recorder,to protect the City against the result of faulty material or workmanship during that time. 3. The Contract and Contract Documents,including all their amendments and supplements,are incorporated into this Bond and made a part of it by this reference. OBLIGATION: THEREFORE,for value received,We, Principal and (Name,address,and telephone of Surety) ("Surety"), a duly admitted surety insurer under California's laws,agree as follows: By this Bond,We jointly and severally obligate and bind ourselves,and our respective heirs,executors,administrators, successors,and assigns to pay City the penal sum of Dollars($ )("the Bonded Sum"),this amount comprising not less than the total Contract Sum,in lawful money of the United States of America. The California Licensed Resident Agent for Surety is: (Name,address,and telephone) Registered Agent's California Department of Insurance License No. THE CONDITION OF THIS BOND'S OBLIGATION IS THAT if the said Principal or any of his or her or its subcontractors, or the heirs,executors,administrators,successors,or assigns or assigns of any,all,or either of them,shall fail to execute within a reasonable amount of time,or fail to respond within seven(7)days with a written schedule acceptable to the City for same,repair or replacement of any and all Work,together with any other adjacent Work which may be displaced by so doing,that proves to be defective in its workmanship or material for the period of one (1) year(except when otherwise required in the Contract to be for a longer period) from the date the City's Notice of Completion and Acceptance, or equivalent,is filed with the County Recorder,ordinary wear and tear and unusual abuse or neglect excepted with respect to such Work and labor,the Surety herein shall pay for the same,in an amount not exceeding the sum specified in this Bond. 1. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly remedy the default using a procurement methodology approved by City, select a contractor or contractors— acceptable to City to complete all of the Work,and arrange for a contract between the contractor(s)and City. Surety shall make available sufficient funds to pay the cost of repair or replacement of any and all Work and to pay and perform all obligations of Principal under the Contract and Contract Documents—including other costs and damages for which Surety is liable under this Bond except that Surety's total obligation,as described here,will not exceed the Bonded Sum. EXHIBIT 3—MAINTENACE BOND-1 of 3 2. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. 3. Surety,for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of said Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change,extension,alteration,or addition. 4. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's guaranteeing Principal's faithful performance of the Work. 5. No right of action accrues on this Bond to any entity other than City or its successors and assigns. 6. If an action at law or in equity is necessary to enforce or interpret this Bond's terms,Surety must pay, in addition to the Bonded Sum,City's reasonable attorneys'fees and litigation costs,in an amount the court fixes. 7. Surety shall mail City written notice at least 30 days before:(a)the effective date on which the Surety will cancel,terminate, or withdraw from this Bond;or(b)this Bond becomes void or unenforceable for any reason. 8. Death of the Principal shall not relieve Surety of its obligations hereunder. On the date set forth below,Principal and Surety duly executed this Bond,with the name of each party appearing below and signed by its representative(s)under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name) (Name) Its: Its: (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: CORPORATE SEAL CORPORATE SEAL ■ THIS BOND MUST BE EXECUTED IN TRIPLICATE. ■ EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN--FACT. ■ THE ATTORNEY-IN-FACTS SIGNATURE MUST BE NOTARIZED. ■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL,OR THE SURETY,OR BOTH,ARE A CORPORATION. APPROVED AS TO SURETY&AMOUNT OF BONDED SUM: APPROVED AS TO FORM: By By Director of Public Works,Water and Development Services City Attorney EXHIBIT 3—MAINTENACE BOND-2 of 3 BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY-IN-FACT STATE OF CALIFORNIA ) ss. COUNTY OF ) On this day of ,20 , before me, (name),a Notary Public for said County,personally appeared (name), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of and acknowledged to me that he/she subscribed the name of thereto as principal, and his/he own name as attorney in fact. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public SEAL EXHIBIT 3-MAINTENACE BOND-3 of 3 EXHIBIT 4 INSURANCE REQUIREMENTS 1.0 REQUIRED INSURANCE POLICIES At its own expense,Contractor shall obtain,pay for,and maintain—and shall require each of its Subcontractors to obtain and maintain—for the duration of the Agreement,policies of insurance meeting the following requirements: A. Workers'Compensation/Employer's Liability Insurance shall provide workers'compensation statutory benefits as required by law. 1. Employer's Liability insurance shall be in an amount not less than: (a) ONE MILLION DOLLARS($1,000,000)per accident for bodily injury or disease; (b) ONE MILLION DOLLARS($1,000,000)per employee for bodily injury or disease; and (c) ONE MILLION DOLLARS($1,000,000)policy limit. B. Commercial General Liability("CGL")(primary).City and its employees and agents shall be added as additional insureds,not limiting coverage for the additional insured to"ongoing operations"or in any way excluding coverage for completed operations. Coverage shall apply on a primary,non-contributing basis in relation to any other insurance or self-insurance,primary or excess,available to City or any employee, representative or agent of City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors'limitation or other endorsement limiting the scope of coverage for liability arising from explosion, collapse,or underground property damage. 1. CGL insurance must not be written for less than the limits of liability specified as follows: (a) ONE MILLION DOLLARS($1,000,000)per occurrence for bodily injury(including accidental death)to any one person; (b) ONE MILLION DOLLARS($1,000,000)per occurrence for personal and advertising injury to any one person; (c) ONE MILLION DOLLARS($1,000,000)per occurrence for property damage;and (d) TWO MILLION DOLLARS($2,000,000)general aggregate limit. 2. CGL insurance must include all major divisions of coverage and must cover: (a) Premises Operations(including Explosion,Collapse,and Underground["X,C,U"] coverages as applicable); (b) Independent Contractor's Protective; (c) Independent Contractors; EXHIBIT 4—INSURANCE REQUIREMENTS-1 of 6 (d) Products and Completed Operations(maintain same limits as above until five(5) years after recordation of Notice of Completion) (e) Personal and Advertising Injury(with Employer's Liability Exclusion deleted); (f) Contractual Liability(including specified provision for Contractor's obligation under Article 11 of the General Conditions);and (g) Broad Form Property Damage. 3. Umbrella or Excess Liability Insurance(over primary), if provided,shall be at least as broad as any underlying coverage. Coverage shall be provided on a"pay on behalf"basis,with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no contractor's limitation endorsement. The policy shall have starting and ending dates concurrent with the underlying coverages. The Named Insured may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here,the actual coverage program meets the minimum total required limits and complies with all other requirements listed here. C. Business Automobile Liability Insurance 1. Business Automobile Liability Insurance must cover all vehicles,whether rented, leased, hired,scheduled,owned or non-owned. If Contractor does not own any vehicles,this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Business Automobile Liability Insurance coverage amounts shall not be less than the following: (a) ONE MILLION DOLLARS($1,000,000)per occurrence for bodily injury(including accidental death)to any one person;and (b) ONE MILLION DOLLARS($1,000,000)per occurrence for property damage;or (c) ONE MILLION DOLLARS($1,000,000)combined single limit. D. Contractors Pollution Liability Insurance(CPL) 1. Contractor or Subcontractor shall obtain,pay for,and maintain for the duration of the Contract Contractors Pollution Liability insurance that provides coverage for liability caused by pollution conditions arising out of the operations of the Contractor. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using Subcontractors,the policy must include work performed "by or on behalf"of the insured. 2. The policy limit shall provide coverage of no less than one million dollars($1,000,000)per claim and in the aggregate. Coverage shall apply to bodily injury;property damage, including loss of use of damaged property or of property that has not been physically inured; cleanup costs;and costs of defense,including costs and expenses incurred in the investigation,defense,or settlement of claims. i i EXHIBIT 4—INSURANCE REQUIREMENTS-2 of 6 i 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 of 6 G. Separation of Insureds. Contractor's insurance policy applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the naming of multiple insureds will not increase an insurance company's limits of liability. H. Claims by Other Insureds. Contractor's insurance policy applies to a claim or suit brought by an additional insured against a Named Insured or other insured, arising out of bodily injury, personal injury,advertising injury,or property damage. I. Premiums. City is not liable for a premium payment or another expense under Contractor's policy J. At any time during the duration of this Contract,City may do any one or more of the following: 1. Review this Agreement's insurance coverage requirements; 2. Require that Contractor obtain, pay for,and maintain more insurance depending on City's assessment of any one or more of the following factors: (a) City's risk of liability or exposure arising out of, or in any way connected with,the services of Contractor under this Agreement; (b) The nature or number of accidents, claims,or lawsuits arising out of,or in any way connected with,the services of Contractor under this Agreement;or (c) The availability,or affordability,or both,of increased liability insurance coverage. 3. Obtain, pay for,or maintain a bond(as a replacement for an insurance coverage)from a California corporate surety,guaranteeing payment to City for liability,or costs,or both, that City incurs during City's investigation,administration,or defense of a claim or a suit arising out of this Agreement;or K. Contractor shall maintain the insurance policy without interruption,from the Project's commencement date to the Final Payment date, or until a date that City specifies for any coverage that Contractor must maintain after the Final Payment. L. Contractor shall not allow any insurance to expire,cancel,terminate, lapse, or non-renew. Contractor's insurance company shall mail City written notice at least thirty(30)days in advance of the policy's cancellation,termination, non-renewal, or reduction in coverage and ten (10)days before its insurance policy's expiration, cancellation,termination,or non-renewal, Contractor shall deliver to City evidence of the required coverage as proof that Contractor's insurance policy has been renewed or replaced with another insurance policy which, during the duration of this Agreement, meets all of this Agreement's insurance requirements. M. At any time, upon City's request, Contractor shall furnish satisfactory proof of each type of insurance coverage required—including a certified copy of the insurance policy or policies;certificates,endorsements, renewals, or replacements;and documents comprising Contractor's self-insurance program—all in a form and content acceptable to the City Attorney or City's Risk Manager. N. If Contractor hires,employs, or uses one or more Subcontractor(s)to perform work,services, operations, or activities on Contractor's behalf, Contractor shall ensure that the Subcontractor complies with the following. 1. Meets, and fully complies with,this Agreement's insurance requirements;and EXHIBIT 4—INSURANCE REQUIREMENTS-4 of 6 2. Furnishes City at any time upon its request,with a complete copy of the Subcontractor's insurance policy or policies for City's review, or approval,or both. Failure of City to request copies of such documents shall not impose any liability on City,or its employees. 0. Contractor's failure to comply with an insurance provision in this Agreement constitutes a material breach upon which City may immediately terminate or suspend Contractor's performance of this Agreement,or invoke another remedy that this Agreement or the law allows. At its discretion and without waiving any other rights it may have pursuant to law,City has the right but not a duty to obtain or renew the insurance and pay all or part of the premiums. Upon demand,Contractor shall repay City for all sums or monies that City paid to obtain, renew, or reinstate the insurance,or City may offset the cost of the premium against any sums or monies that City may owe Contractor. 3.0 CONTRACTOR'S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS A. Contractor shall have its insurance carrier(s) or self-insurance administrator(s)complete and execute the following insurance documents and shall deliver said documents at the same time Contractor delivers this Agreement to City. City will neither sign this Agreement nor issue a"Notice to Proceed"until the City Attorney or City's Risk Manager has reviewed and approved all insurance documents. City's decision as to the acceptability of all insurance documents is final.Sample insurance documents in the City's approved format are set forth in this 4. B. Required Submittals for Commercial General Liability and Business Automobile Insurance and Contractor's Pollution Liability Insurance.The following submittals must be on forms satisfactory to the City Attorney or City's Risk Manager,and signed by the insurance carrier or its authorized representative—which fully meet the requirements of,and contain provisions entirely consistent with,all of the insurance requirements set forth herein. 1. "Certificate of Insurance" 2. "Additional Insured Endorsement" 3. Subrogation Endorsement:"Waiver of Transfer to Rights of Recover Against Others" Both Certificates of Insurance and Additional Insured Endorsements must read as follows:`The City of Vernon, and its officers,agents,employees and representatives are included as additional insureds under the policy(s). This insurance is primary to all other insurance of the City. The City's insurance and self-insurance will apply in excess of, and will not contribute with this insurance. This insurance applies separately to each insured or additional insured who is seeking coverage,or against whom a claim is made or a suit is brought. The issuing company shall mail thirty(30) days advance notice to the City for any policy cancellation,termination,non-renewal,or reduction in coverage." C. Required Submittals for Workers'Compensation Insurance. Contractor shall provide City with a certificate of insurance and a subrogation endorsement on forms satisfactory to the City Attorney or City's Risk Manager, and signed by the insurance carrier or its authorized representative—which fully meet the requirements of, and contain provisions entirely consistent with,this Contract's workers compensation insurance requirements. If Contractor is self-insured for workers'compensation, a copy of the"Certificate of Consent to Self-insure"from the State of California is required;or if Contractor is lawfully exempt from workers'compensation laws,an"Affirmation of Exemption from Labor Code§3700"form is required. D. Required Evidence of Builder's Risk Coverage. City will provide a certificate of insurance and a declarations page on a form satisfactory to the City Attorney or City's Risk Manager,and signed by the insurance carrier or its authorized representative. The policy terms must fully meet the requirements of,and contain provisions entirely consistent with, all of the insurance requirements set forth herein. The City shall be named as a loss payee on the insurance policy for the full replacement value of all buildings,structures,fixtures and materials to be constructed, maintained,repaired or supplied pursuant to this Contract. EXHIBIT 4—INSURANCE REQUIREMENTS-5 of 6 i 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 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 attorney's fees,or to compel City officials to terminate the service contract of violating employers. i i 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. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor,state that it is an"Equal Opportunity Employer"or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color,national origin, ancestry, handicap,sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement,discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City,through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices,except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. SECTION NO. 3 SECTION 9900 — CONCRETE REPAIR PART 1: GENERAL 1.1 PURPOSE A. The purpose of this specification is to establish methods and procedures for cleaning all interior concrete surfaces, removal of existing materials and coatings,application of repair materials and coatings and handling of hazardous and non-hazardous materials/wastes. 1.2 SCOPE OF WORK A. The Contractor shall furnish all labor,equipment and materials as required by these specifications for the 10 MG Buried Concrete Reservoir. The reservoir is 210 feet by 250 feet. Contractor shall carefully examine the available as built drawings and reports and shall visit the site of the proposed work to field verify dimensions. B. Work to be accomplished includes cleaning of all interior concrete surfaces,cleaning all joints and application of suitable replacement material. Scope also includes cleaning and coating of miscellaneous steel appurtenances and handling and disposal of waste and other work necessary to accomplish the approved end results. Work to be accomplished includes, but is not limited to, the following work items: 1. Wash down and clean all interior surfaces to remove contaminents, debris, sediment and oil from surfaces. 2. Remove existing elastomeric sealants from floor joints. Power tool and abrasive blast clean all joints to remove all surface contaminants, including rust from rebar and other metallic items. Apply specified elastomeric joint sealants to joints, including use of backer materials where required. 3. Abrasive blast clean all carbon steel inlet pipes, overflow pipe, 4" utility line, outlet piping,valves,and appurtenances and apply a three-coat 15 mil epoxy coating to prepared surfaces. a. Electrically detect epoxy coating system noted in 5.above and repair as required. b. Cure interior epoxy coating as specified herein. 4. Wash down and disinfect interior surfaces. 5. Test, handle and dispose of hazardous and non-hazardous wastes generated from operations in conformance to all regulations. 6. Remove all debris from site and clean site to original condition C. Surfaces not to be repaired include roof,walls and floor,glass, plastic, nameplates, and other surfaces on which materials would not adhere or would interfere with operation of specific item. Harper&Associates Engineering, Inc. December 2015 1 D. If severely defective areas are discovered during the course of repair operations, repair of severely defective areas of reservoir and other mechanical repairs may be required during project. 1. The Contractor shall allow the City access to make reservoir repairs while the existing surface are being cleaned or repaired. The City reserves the option to repair the reservoir with: a. Change order to the contract. b. City employees. C. A separate Contractor. d. Any combination of the above. 2. A time extension will be issued should repairs preclude abrasive blast cleaning and/or material application. Where practical,preparation work may continue while reservoir repairs are being made. The time extension will assume the Contractor will be able to re-mobilize and begin work within two weeks of notification. No additional time will be granted to permit the Contractor to complete other projects prior to this project. 1.3 REFERENCE SPECIFICATIONS AND STANDARD A. Without limiting the general aspects or other requirements of this specification, all work and equipment shall conform to all applicable requirements of municipal,state and federal codes, laws and ordinances governing the work, the City, the National Association of Corrosion Engineers, the American Concrete Institute, and manufacturer's printed instructions, subject to Inspector's approval. B. The Engineer's decision shall be final as to interpretation and/or conflict between any of the referenced codes, laws, ordinances, specifications and standards contained herein. 1.4 COMPLETION OF WORK A. All work shall be completed within the number of calendar days consistent with the contract completion schedule in the General Requirements and/or the bid schedule herein. If work is not completed within the number of calendar days specified, Contractor shall bear all additional expenses incurred after contract completion schedule. 1.5 CONTRACTOR A. The contractor accomplishing concrete repair and coating and painting shall be a licensed C-33 Painting and Decorating Contractor in the State of California or a specialist tank contractor experienced in the rehabilitation of AW WA concrete tanks. He shall have a minimum of five (5) years practical experience and successful history in the application of sealing, coating and waterproofing materials to interior and exterior surfaces of concrete water storage reservoirs. Upon request, he shall substantiate this requirement by furnishing a written list of references. Harper&Associates Engineering, Inc. December 2015 2 1.6 DEFINITIONS A. The following pairs of words shall be considered identical in meaning and may be used interchangeably: "Owner" and "City", "General Conditions" and "General Provisions"; "Special Conditions"and "Special Provisions"; "Drawings"and"Plans"; "Standard Drawings" and "Standard Plans". B. The Owner referred to in these specifications is the City of Vernon. Engineer shall be person or persons as designated by the Owner. C. The definition of the word "Engineer"contained herein is:The person authorized by the Owner to oversee the execution of the contract, acting either directly or through his properly authorized agents, each agent acting only within the scope of authority delegated to him. D. "Coating" refers to protective materials used or applied on interior surfaces. E. "Paint" refers to protective materials used or applied on exterior surfaces. F. "Coat" refers to paint applied in a single or multiple pass application to form an evenly distributed film when dry. Designations for "coats" are primer or first coat, intermediate or second coat, and finish coat, and any coats applied beyond the designated coats. 1.7 HOURS OF WORK A. The Contractor's activities shall be confined to an eight hour shift between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees for City personnel and any third-party inspector will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor. Charges will be made for any change to extraordinary work hours, including standby time due to late crew arrival or"no-show" by crew. 1.8 EXTRA WORK A. The Owner may, as the need arises, order changes in work through additions, deletions, or modifications, without invalidating the Contract. Such changes will be effected through written change orders delivered to the Contractor describing the change required in the work,together with any adjustment in contract price or time of completion as hereinafter provided. No such change shall constitute the basis of claims for damages or anticipated profits; however, the Engineer will make reasonable allowance for the value of any work, materials, or equipment furnished and subsequently rendered useless because of such change. Any adjustment in Contract price resulting from a change order will be considered in computing subse- quent monthly payments due the Contractor. Any work performed in accordance with a change order shall be subject to all provisions of the original Contract,and the Contractor's sureties shall be bound thereby to the same degree as under the original Contract. The Contractor will not receive payment for extra work performed unless said extra work is ordered in writing. 'i i Harper&Associates Engineering, Inc. December 2015 3 B. Any adjustment in contract price shall be based on unit price bid items or additive and deductive bid items submitted by the Contractor in his original bid on the work where such bid items are applicable, or time and material rates established at the Pre-Construction Conference. 1.9 PRE-BID CONFERENCE A. A mandatory Pre-Bid Conference for the project will be conducted by the Engineer at City office and site as noted in the Notice Inviting Bids. The object of the Pre-Bid Conference is to acquaint bidders with existing facilities and sites. The conditions and requirements of the plans and specifications shall govern over any information presented at the Pre-Bid Conference, unless amended in writing by the Engineer. All bidders must attend the Pre-Bid Conference to have their bid accepted by the City. 1.10 PRE-CONSTRUCTION CONFERENCE A. A Pre-Construction Conference shall be scheduled prior to start of project. The City, Contractor and Engineer shall be present. The sequence of work will be discussed and will be mutually agreed upon to ensure that the work is accomplished and completed as stated in the Contract, and to allow for inspection and operations flexibility by City. A schedule of work to be accomplished and a list of labor, material and equipment rates for additional work will be established and maintained throughout the project. B. Contractor shall furnish resumes of all personnel assigned to project,and a complete set of approved submittal data for use by inspection personnel, which must be at jobsite at all times. Contractor shall have a designated representative for all projects. C. Contractor shall submit manufacturers' literature and Material Safety Data Sheets (MSDS)on all materials to be used in cleaning and application operations, including, but not limited to, sealant, caulking and injection materials, coatings, thinners, solvents and cleaning fluids. No materials will be allowed which have been stored over 60 days, or manufacturer's recommended shelf life, whichever is less. Copies of all invoices showing purchase dates and delivery for all material mentioned above may be required. 1.11 QUALITY ASSURANCE A. General: Quality assurance procedures and practices shall be utilized to monitor all phases of surface preparation,application and inspection throughout the duration of the project. Procedures or practices not specifically defined herein may be utilized provided they meet recognized and acceptable professional standards and are approved by the Engineer. B. All materials furnished and all work accomplished under the Contract shall be subject to inspection by the Engineer.The Contractor shall be held strictly to the true intent of the Specifications in regard to quality of materials, workmanship, and diligent execution of the Contract. C. Work performed in the absence of prescribed inspection may be required to be removed and replaced under the proper inspection, and the entire cost of removal and replacement, including the cost of all materials which may be furnished by the Harper&Associates Engineering, Inc. December 2015 4 i Owner and used in the work thus removed, shall be borne by the Contractor, regardless of whether the work removed is found to be defective or not. Work covered up without the authority of the Engineer, shall, upon order of the Engineer, be uncovered to the extent required,and the Contractor shall similarly bearthe entire cost of performing all the work and furnishing all the materials necessary for the removal of the covering and its subsequent replacement,as directed and approved by the Engineer. D. Except as otherwise provided herein, the cost of inspection will be paid by the Owner. E. The Engineer will make,or have made,such tests as he deems necessaryto assure the work is being accomplished in accordance with the requirements of the Contract. Unless otherwise specified in the Special Conditions,the cost of such testing will be borne by the Owner. In the event such tests reveal non-compliance with the requirements of the Contract, the Contractor shall bear the cost of such corrective measures deemed necessary by the Engineer, as well as the cost of subsequent retesting. It is understood and agreed the making of tests shall not constitute an acceptance of any portion of the work, nor relieve the Contractor from compliance with the terms of the Contract. F. Surface Preparation, Concrete - Surface preparation will be based upon visual inspection and requirements of manufacturer. Temperature and dewpoint require- ments noted in 1.11 H. herein shall apply to all surface preparation operations. G. Surface Preparation, Steel - Surface preparation will be based upon comparison with: "Pictorial Surface Preparation Standards for Painting Steel Surfaces", SSPC-Vis 1, ASTM Designation D2200, NACE Standard TM-01-70, and as described below.Anchor profile for prepared surfaces shall be measured by using a non- destructive instrument such as a K-T Surface Profile Comparator or Testex Press-O-Film System. Temperature and dewpoint requirements noted in 1.11 H. herein shall apply to all surface preparation operations,except low and high temper- ature limits and operation of dehumidification equipment shall be determined at the Pre-Construction Conference. H. Application: No materials shall be applied under the following conditions: 1. When the surrounding air temperature or the temperature of the surface to be coated is below 40 degrees F. or above 90 degrees F, for concrete surfaces and 125 degrees F for steel surfaces. 2. To wet or damp surfaces or in rain, snow, fog or mist; 3. When it is expected the air temperature will drop below 55 degrees F. for epoxy coating, below 45 degrees F.for epoxy low temperature cure coatings, or 40 degrees F. for urethane paints, or 5 degrees F. above the dewpoint; when it is expected the air temperature will drop below above stated levels, or less than 5 degrees F. above the dewpoint within forty-eight hours after application of materials. Dewpoint shall be measured by use of an instrument such as a sling psychrometer in conjunction with U.S. Department of Commerce Weather Bureau Psychrometric Tables or equivalent. If above conditions are prevalent, materials application shall be delayed or postponed until conditions are favorable. The day's sealing, caulking, injec- Harper&Associates Engineering, Inc. December 2015 5 tion, painting or coating application shall be completed in time to permit the film sufficient drying time prior to damage by atmospheric conditions. If climatic conditions are consistently negative, work shall be suspended until weather conditions are within the parameters established by this specification and the manufacturer's printed literature,or hours may be scheduled to allow work to be accomplished when conditions are within the ranges specified. Temperatures of materials must be maintained within the ranges mandated by the manufacturer. 1. Overspray and Dust Control: The Contractor shall conduct all operations so as to confine dust from cleaning and materials overspray to within the bounds of the work area. The Contractor shall take all precautions necessary to prevent adverse consequences of cleaning and application operations outside the immediate work area. A procedure for such prevention shall be submitted at the Pre-Construction Conference. Any complaints received by the Owner relating to any such potential problems will be immediately delivered to the Contractor. The Contractor shall immediately halt cleaning and application operations and shall take whatever corrective action is required to mitigate any such problems. All costs associated with protection of adjacent areas as a result of cleaning and application operations shall be borne directly by the Contractor at no additional expense to the Owner. 1. Owner approval of Contractor's cleaning and application prevention procedures and Engineer's presence on project site does not relieve the Contractor from responsibility of detrimental effects on adjacent areas. Daily approval of work procedures will be required prior to start of any work which could interfere with adjacent facilities. J. Thickness Verification -Thickness of materials shall be measured during course of application and visually on an ongoing basis to ensure specified thicknesses have been attained. All defects shall be marked and repaired in accordance with the manufacturer's printed recommendations. No irregularities will be permitted in the final applications. K. Holiday Testing: Coating integrity of ALL interior metallic coated surfaces shall be tested with an approved inspection device. All pinholes shall be marked, repaired in accordance with the manufacturer's printed recommendations and retested. No pinholes or other irregularities will be permitted in the final coating. L. Inspection Devices: Contractor shall furnish, until final acceptance of work, inspection devices in good working condition for any testing of applied materials. Inspection devices shall be operated by, or in the presence of the Inspector with location and frequency basis determined by the Inspector. The Inspector is not precluded from furnishing his own inspection devices and rendering decisions based solely upon their tests. M. Acceptable Inspection Instruments: Acceptable instruments include, but are not limited to Positector 100 for dry film thickness measurement on concrete, "Inspector", or "Positest", or "Positector" or "Quanix" units for dry film thickness gauging on metal,Tinker and Rasor Models AP and AP-W holiday detectors for film continuity, Delmhorst BD-9 for moisture content in concrete, and Mannix or Bacharach Psychrometer for dewpoint measurements. Inspection instruments shall be operated in accordance with these specifications and manufacturer's instructions. N. Warranty Inspection: Warranty inspection shall be conducted between the eleventh Harper&Associates Engineering, Inc. December 2015 6 and sixteenth months following the filing of the Notice of Completion. The draining of the reservoir will be accomplished when there will be minimum inconvenience to the City. All personnel present at the Pre-Construction Conference should be present at this inspection. All defective work shall be repaired in strict accordance with this specification and to the satisfaction of the Engineer. 1. Notification: The Owner shall establish the date for the inspection and shall notify the Contractor at least 30 days in advance. The City will drain the reservoir and provide suitable access for the inspection. Contractor shall provide, at his own expense, suitable lighting, scaffolding and ventilation for the inspection. At the City's option, warranty inspection for interior surfaces may be accomplished by diving operations with reservoir in service. 2. Inspection: The entire repaired areas shall be visually inspected as specified in 1.11 QUALITY ASSURANCE. All defective materials shall be satisfactorily repaired by and at the sole expense of the Contractor. All repaired areas shall then be re-inspected and additional repairs accomplished as specified herein. 3. Inspection Report: The Inspector shall prepare an inspection report covering the first anniversary inspection, setting forth the number and type of failures observed, the percentage of the surface area where failure has occurred, and the names of the persons making the inspection. 4. Schedule: Upon completion of inspection and receipt of Inspection Report as noted herein, Owner shall notify Contractor of results of inspection and establish a date for Contractor to proceed with remedial work. Any delay on part of Contractor to meet schedule established by Owner shall constitute breach of this Contract and Owner may proceed to have defects remedied as outlined under General Provisions. 5. Remedial Work: Any location where coatings, sealants or caulking has peeled,bubbled,or significantly cracked shall be considered to be a failure of the system. The Contractor shall make repairs at all points where failures are observed by cleaning the defective area and repairing with the same system. 6. Upon completion of warranty remedial repairs, Contractor shall disinfect reservoir as originally specified. 7. Costs: All noted costs for Contractor's inspection and all costs for repair shall be borne by the Contractor and in figuring his bid, the Contractor shall include an appropriate amount for testing, repair and disinfection as no additional allowance will be paid by the Owner for said inspection and repair. 1.12 SAFETY AND HEALTH REQUIREMENTS A. Contractor shall submit a notarized letter signed by a principal officer of the Corporation certifying the Contractor fully complies with California Code of Regulations pertaining to the work including, but not limited to, the following Construction Safety Orders (CSO) and General Industry Safety Orders (GISO): 1. Illness Injury Prevention Program CSO/GISO 1508/3203 Harper&Associates Engineering, Inc. December 2015 7 2. Confined Space Plan GISO 5156/5159 3. Respiratory Protection CSO/GISO 1531/5144 4. Hazard Communication GISO 5194 5. Rolling Scaffolds CSO 1646 6. Employee Safety Instruction CSO 1510 7. Emergency Medical Service CSO 1512 8. Dusts, Fumes, Mists, Vapors & Gases CSO 1528 B. General: Ventilation, electrical grounding, and care in handling coatings, sealants, caulking and injection materials, solvents and equipment are important safety precautions during project. Contractor shall conform with safety requirements set forth by regulatory agencies applicable to the construction industry and manufacturer's printed instructions and appropriate technical bulletins and manuals. Without in any way limiting that responsibility or assuming responsibility for safety, City is particularly concerned that the following are strictly observed: 1. Life Saving Equipment: The Contractor shall provide and require use of personal protective life saving equipment for persons working in or about the project site. 2. Access Facilities: All ladders, scaffolding and rigging shall be designed for their intended uses and meet OSHA regulations. Ladders and scaffolding shall be erected where requested by Engineer to facilitate inspection and be moved by the Contractor to locations requested by the Engineer. 3. Ventilation: Contractor shall ensure there is proper ventilation, air eduction and exhausting of work space to reduce the concentration of contaminants to a level which poses no hazard to personnel at or near the job site. Where ventilation is used to control hazardous exposure within containment enclosures, all equipment shall be explosion-proof, of industrial design and shall be approved by the Engineer. Household-type venting equipment will not be acceptable. Ventilation shall reduce the concentration of air contaminant to the degree a hazard does not exist by educting air, vapors, etc. from the confined space. a. Exhaust blower shall exhaust into an Engineer-approved structure which precludes the exhausting of removed materials or particulate matter onto the site or into the atmosphere. 4. Head and Face Protection and Respiratory Devices: Equipment shall include protective helmets which shall be worn by all persons while in the vicinity of the work. During surface preparation operations within contain- ment enclosures, personnel shall wear U.S. Bureau of Mines approved positive pressure air-supplied helmets and all other persons who are exposed to concrete dust shall wear respiratory protection determined necessary by the exposure assessment. Positive pressure air-fed hoods and/or masks shall be supplied by an air Harper&Associates Engineering, Inc. December 2015 8 source currently certified to produce "Class D Breathing Air". Contractor shall at all times during the work maintain onsite current documentation to substantiate the quality of the breathing air. Barrier creams shall be used on any exposed areas of skin. 5. Grounding: Blasting cleaning, spray and air hoses shall be grounded to prevent accumulation of charges of static electricity. 6. Illumination: Sparkproof artificial lighting shall be provided for all work in confined containment spaces. Light bulbs shall be guarded to prevent breakage. Lighting fixtures and flexible cords shall comply with the require- ments of NFPA 70"National Electric Code"forthe atmosphere in which they will be used. Whenever required by the Engineer, the Contractor shall provide additional illumination and necessary supports to cover all areas to be inspected. The level of illumination for inspection purposes shall be determined by the Engineer. 7. Toxicity and Explosiveness: Because of potential for toxicity,the maximum allowable concentration of vapor shall be kept below the maximum safe concentration for eight-hour exposure, plus Lower Explosive Limit (L.E.L.) must be strictly maintained. 8. Protective Clothing: Coatings, thinners, sealant and caulking materials may be irritating to the skin and eyes. When handling and mixing materials, workmen shall wear gloves and eye shields. If working with lead or other heavy metals, regulations regarding handling of exposed clothing shall be strictly enforced. 9. Fire: During mixing and application of all materials, all flames, welding and smoking shall be prohibited in the vicinity. Appropriate type fire abatement devices shall be provided by Contractor, and be readily available at the jobsite during all operations. 10. Sound Levels: Whenever the occupational noise exposure exceeds the maximum allowable sound levels, the Contractor shall provide and require the use of approved ear protective devices. a. Noise suppression shall be practiced at all times to minimize disturbance to persons living or working nearby, and to the general public. Measures to be used in effecting noise suppression shall include, but not limited to equipping all internal combustion engines with critical residential silencers (mufflers),shielding noise-producing equipment from nearest areas of human occupancy by location in such positions as to direct the greatest noise emissions away from such areas, and conducting operations in the most effective manner to minimize noise generation consistent with the prosecution of the Contract in a timely and economic manner. Whenever levels are objectionable, they shall be adjusted as directed by the Engineer. 11. Gas and Air Monitoring: Contractor shall furnish monitoring equipment to determine the presence of oxygen deficiency or dangerous air contamination. Continual monitoring will be required. Concentration levels will be as prescribed by Cal/OSHA. Harper&Associates Engineering, Inc. December 2015 9 i PART 2 REPAIR MATERIALS 2.1 GENERAL A. Materials specified are those which have been evaluated for the specific service. Products of Sika Corporation, Tnemec Company, Inc., ICI Devoe Coatings, and SealBoss are listed to establish a standard of quality for repair materials. Standard products of manufacturers other than those specified will be accepted when it is proved to the satisfaction of the Engineer they are equal in composition, durability, usefulness and convenience for the purpose intended. Substitutions will be considered provided the following minimum conditions are met: 1. The proposed system shall have a dry film thickness equal to or greaterthan that of the specified system. 2. The proposed system shall employ an equal or greater number of separate coats. 3. The proposed system shall employ materials of the same generic type. 4. All requests for substitution shall carry full descriptive literature and directions for application,along with complete information on generic type, non-volatile content by volume and a list of 10 similar projects,all at least three years old, where the products have been applied to similar exposure. 5. If the above mentioned data appears to be in order, the Engineer may require that the Contractor provide certified laboratory data sheets showing the results of complete spectrographic and durability tests accomplished on the proposed substitute. Tests shall be accomplished by an independent testing laboratory satisfactory to the Engineer and all costs incurred in the testing program shall be borne by the Contractor. In any case,the Engineer shall be sole and final judge of the acceptability of any proposed substitution. Requests for substitution must be approved in writing prior to date of bid. B. All materials shall comply with air pollution regulations, specifically the local air quality management district or air pollution control district rules,and rules for the City. C. All materials shall also conform to regulations and applicable requirements of local, State and Federal health regulatory agencies. D. All field materials shall be brought to the jobsite in the original sealed containers. They shall not be opened or used until Owner's representative has physically inspected contents and obtained necessary data from information printed on containers or label. Materials exceeding storage life recommended by the manufacturer shall be rejected. Copies of invoices showing purchase and delivery dates may be required. E. Flammability, toxicity, allergenic properties, and any other characteristic requiring field precautions shall be identified and specific safety practices shall be stipulated. F. All materials shall be stored in enclosed structures to protect them from weather and Harper&Associates Engineering, Inc. December 2015 10 excessive heat or cold. Flammable materials must be stored to conform with City, County, State and Federal safety codes for flammable materials. At all times liquid materials shall be protected from freezing. 2.2 REPAIR MATERIALS, SPECIFIC A. The Contractor shall provide,prior to sealing,caulking,coating,or injecting any sur- faces of reservoir, a written certification signed by an executive of the manufacturer stating the materials,thinners, solvents, and equipment cleaning fluids provided by the manufacturer do not contain asbestos, perchloroethylene (PCE), trichloroethylene (TCE), lead, chromium compounds, zinc or cadmium. B. The Contractor shall also certify, in writing,signed by an executive officer of the firm, that they will not use any material containing asbestos, PCB=s, PCE, TCE, lead, chromium compounds and zinc in any form for work accomplished on the reservoir. This shall include all solvents,thinners,and cleaning fluids at the job site, regardless of where the materials were obtained. C. City may require all solvents, thinners and cleaning fluids be tested for asbestos, PCB=s, TCE, PCE, lead, chromium compounds and zinc prior to being used at the job site. Upon request, the Contractor shall provide the Engineer, with samples of each material at no cost to the City. Unacceptable materials shall be removed from the job site. D. Liquid repair materials shall conform to the requirements of California Air Resources Board Rule 1113 and sealants shall conform to the requirements of SCAQMD Rule 1168 and all applicable requirements of local and state air pollution regulatory agencies. 1. Polyurethane elastomeric sealant for joints shall be Sikaflex-2C, NS EZ Polyurethane Elastomeric Sealant or approved equal. Primer for joints in immersion surfaces shall be Sikaflex 429\202 Primer. 2. Coatings for steel pipes, valves and appurtenances shall be a three-coat epoxy system equivalent to ICI Devoe Bar-Rust 233H Low VOC Mulit- Purpose Epoxy Coating or Tnemec Pota-Pox Series L140 F low VOC. First or prime coat shall not be grey, but finish coat shall be white. 2.3 CLEANING AND DISINFECTION MATERIALS A. Disinfection materials shall conform to all requirements of AWWA Standard C652-92. B. Cleanser for cleaning of all interior surfaces shall bean NSF approved product such as Gre-Sa-Way or approved equal. PART 3 EXECUTION 3.1 GENERAL 1. All surface preparation and application shall conform to applicable standards of the City, the National Association of Corrosion Engineers, Society for Protective Coatings, the American Concrete Institute, and the manufacturer's printed instructions, as approved by the Engineer. Material applied prior to approval of the surface by the Engineer shall be removed and reapplied to the satisfaction of the Harper&Associates Engineering, Inc. December 2015 11 Engineer at the expense of the Contractor. 2. All work shall be performed by skilled craftsmen qualified to perform the required work in a manner comparable with the best standards of practice. Resumes of personnel proposed to be used on the project shall be submitted for approval upon Notice of Award. Continuity of personnel shall be maintained and transfers of key personnel shall be coordinated with the Engineer. 3. The Contractor shall provide a supervisor to be at the work sites during cleaning, repair and application operations. The supervisor shall have the authority to sign any change orders, coordinate work and make other decisions pertaining to the fulfillment of their contract. 4. Contractor shall provide approved sanitary facilities for all Contractor personnel at sites, as no existing facilities will be available to the Contractor. Facilities shall be maintained during the project to complete standards established by City and shall be removed prior to Contractor's departure from the sites at completion of the project. 5. Dust,dirt,oil,grease or any foreign matter which will affect the adhesion or durability of the repair materials must be removed by washing with clean rags dipped in an approved commercial cleaning solution and wiped dry with clean rags. 6. The Contractor's application equipment shall be designed for application of materials specified and shall be maintained in first class working condition. Compressors shall have suitable traps and filters to remove water and oils from the air. Blotter test shall be accomplished at each compressor start-up period and as deemed necessary by the Engineer. Contractor's equipment shall be subject to approval of the Engineer. This approval does not relieve the Contractor's responsibility for the safe operation of the equipment or its performance. 1. Cleanliness of compressed air supply shall be verified daily,and as deemed necessary by the Engineer, by directing a stream of air from the air hose onto a white blotter or cloth for twenty seconds. If oil or water appears on the blotter or cloth, all traps and separators shall be blown down until two subsequent twenty-second tests show no further oil or water. 7. Application of the sealant, caulking, injection or coating materials shall occur after surface preparation and cleaning within time specified by manufacturer.Any cleaned areas not receiving materials within specified period shall be recleaned prior to application if surface becomes contaminated by ongoing operations. 8. Other than as noted herein, City forces will complete no work on the project. Contractor shall develop a plan which allows completion of his work in conjunction with ongoing City operations. Contractor shall cooperate and conduct his work in accordance with the collateral operational work of Owner's forces. Owner's forces shall have access to the work area at all times. 1. Project is subject to intermittent shutdown if, in the opinion of the Engineer, cleaning and application operations conducted by the Contractor are creating a localized condition detrimental to ongoing facility activities, personnel or adjacent property. 2. In the event of emergency shutdown by the Engineer due to non-compliance by the Contractor, Contractor shall immediately correct deficiencies. All Harper&Associates Engineering, Inc. December 2015 12 additional costs created by shutdown shall be borne by Contractor. I. Contractor shall comply with requirements of Department of Health Services Title 22 for handling and disposing of hazardous wastes resulting from surface contamination and removed sealant or coating particles. Submittal of a written plan of action for the project shall be accomplished by Contractor prior to start of project. J. The Contractor shall provide,at his own expense,all necessary power required for is operations under the contract. 3.2 SURFACE PREPARATION, GENERAL A. The latest revision of the following surface preparation specifications of the Society for Protective Coatings shall form a part of this specification. (Note: An element of surface area is defined as any given square inch of surface.) 1. Solvent Cleaning (SSPC-SP1): Removal of oil, grease, soil and other contaminants by use of solvents, emulsions, cleaning compounds, steam cleaning or similar materials and methods, which involve a solvent or cleaning action. 2. Hand and Tool Cleaning (SSPC-SP2): Removal of loose rust, loose mill scale and other detrimental foreign matter present to degree specified by hand chipping, scraping, sanding and wire brushing. 3. Power Tool Cleaning (SSPC-SP3): Removal of loose rust, loose mill scale and other detrimental foreign matter present to degree specified by power wire brushing, power impact tools or power sanders. 4. Brush-off Blast Cleaning (SSPC-SP7): Blast cleaning to remove loose rust, loose mill scale, and other detrimental foreign matter present to the degree specified. 5. Near-White Blast Cleaning(SSPC-SP10: Blast cleaning to near-white metal cleanliness, until at least ninety-five percent of each element of surface area is free of all visible residues. 6. Power Tool Cleaning to Bare Metal (SSPC-SP11): Power tool cleaning to produce a bare metal surface and to retain or produce a surface profile of at least 1.0 mil. 7. High and Ultra High Pressure Water Jetting (SSPC-SP WJ 1 through 4): Water jet cleaning of metals to remove rust, mill scale, coating, paint, and other detrimental foreign matter present to varying degrees of cleanliness from light cleaning to clean to bare substrate. B. Fins, protrusions or other irregularities not previously removed shall be removed by chipping,scraping or grinding. It is not the intent to have all surfaces ground"flush". The object of the grinding is to eliminate sharp edges, corners, and overlaps to provide a surface for the application of a uniform thickness of material without voids or other defects. C. Abrasive blasting equipment shall be equipped with "deadman"emergency shut-off nozzles. Blast nozzle pressure shall be sufficient to perform specified cleaning, but Harper&Associates Engineering, Inc. December 2015 13 not damage existing finishes or texture. D. Blast cleaning from rolling scaffolds shall only be accomplished within confines of interior perimeter of scaffold. Reaching beyond limits of perimeter will be allowed only if blast nozzle is maintained in a position which will produce a profile acceptable to the Engineer. E. During cleaning operations,caution shall be exercised to ensure areas which are not to be repaired are not exposed to damage from cleaning operations. F. The Contractor shall keep the area of his work in a clean condition and shall not permit cleaning materials to become air borne or to accumulate as to constitute a nuisance or hazard to the prosecution of the work,operation of existing facilities and flow of traffic. Cleaning materials and other debris shall be removed at the Contractor's expense as directed by the Engineer. G. During interior blast cleaning operations, inlet, outlet, overflow and floor drain openings shall be temporarily sealed off and covered with plywood bulkheads or other approved barriers,to prevent entry of water, spent abrasive, removed coating or other foreign materials. H. Blast cleaned surfaces shall be cleaned prior to application of specified repair materials via a combination of blowing with clean dry air, brush ing/brooming and/or vacuuming as directed by the Inspector. Air hose for blowing shall be at least 1/2"in diameter and shall be equipped with a shut-off device. I. All blast hose connections shall be tethered and secured to prevent separation during any blast cleaning operations, and shall be taped with duct tape prior to pressurizing. All taped connections shall be visually inspected for leaks within five minutes after start of blast cleaning operations and at the end of blast cleaning operations. Leaking connections shall be immediately repaired to prevent further damage. J. Any field blast cleaning shall be dry or wet method unless otherwise directed. Contractor is responsible for maintaining dust emissions within the legal level and that level which would not create a nuisance. 1. Interior surfaces of the reservoir contain hazardous materials. Dust emissions,abrasive deflection and removed sealant or coating particles shall be confined to interior of containment structure where abrasive blasting is being accomplished, unless vacuum blasting or other means of cleaning are approved by Engineer. 2. No material from the blasting operations will be permitted down the drain. K. Abrasive used in any blast cleaning operations shall be new, washed, graded and free of contaminants which would interfere with adhesion of repair materials and shall not be reused unless specifically approved by the Engineer. Abrasives shall be certified for unconfined dry blasting pursuant to the California Administrative Code, Section 92520 of Subchapter 6, Title 17, and shall appear on the current listing of approved abrasives. Invoices or load sheets confirming above shall be required. 3.4 SURFACE PREPARATION, INTERIOR CLEANING i Harper&Associates Engineering, Inc. December 2015 14 i A. Prior to cleaning the interior surfaces,water not removed by City and sediment shall be removed by the Contractor. Water and sediment shall be flushed from the reservoir and contained. The Contractor shall dispose of water and sediment by either of the following methods: 1. Water and sediment shall be disposed of off site by the Contractor. 2. Water and sediment shall be filtered, water disposed of in an onsite sewer manhole designated by City and sediment disposed of off site by the Contractor. B. All interior surfaces shall be washed down and chemical cleaned with an approved cleaner or detergent applied via high pressure method. If deemed necessary by the Engineer because of contaminants remaining on surfaces,areas shall be scrubbed with a brush or similar implement which will apply force and pressure to the surface to completely remove surface contaminants and oil. Water pressure and scrubbing shall be with force sufficient to remove contaimants and oil, but not damage surface of concrete. C. Cleaned surfaces shall then be rinsed with clean water. Residual water and contamination removed during washing process shall be thoroughly flushed from tank and contained. The Contractor shall dispose of water and sediment/debris/oil by either of the following methods: 1. Water and sediment/debris/oil shall be disposed of off site by the Contractor. 2. Water and sediment/debris/oil shall be filtered,water disposed of in an onsite sewer manhole designated by City and sediment/debris/oil disposed of off site by the Contractor. 3.5 SURFACE PREPARATION, JOINTS A. All joints shall be thoroughly cleaned by"brush-off blast cleaning"or"high pressure water blast cleaning", chipping, grinding, etc. Cleaning shall be sufficient to ensure complete removal of carbonates and other surface contaminants, and to prevent damage to existing surfaces. If necessary,cleaned joints shall then be flushed clean with fresh water. 3.6 SURFACES PREPARATION, STEEL A. Designated steel pipes, valves and appurtenances shall be blast cleaned in conformance to the Society or Protective Coatings Specifications SSPC-SS10(Blast Cleaning to Near-White Metal).Adjacent concrete surfaces shall be protected during blast cleaning of steel surfaces. 3.7 APPLICATION, GENERAL A. Application shall conform to the requirements of the Society for Protective Coatings Paint Application Specification SSPC-PA1, latest revision, for "Shop, Field and Maintenance Painting", National Association of Corrosion Engineers,the American Concrete Institute, City, the manufacturer of the repair materials printed literature, and as specified herein. B. Thinning shall only be permitted as recommended by the manufacturer and Harper&Associates Engineering, Inc. December 2015 15 approved by the Inspector. 1. If Contractor applies any materials which have been modified or thinned to such a degree as to cause them to exceed established VOC levels, Contractor shall be responsible for any fines,costs, remedies,or legal action and costs that may result. C. Each application of repair materials shall be applied evenly, free of application marks,sags, runs and no evidence of poor workmanship. Care should be exercised to avoid lapping on wood, glass or hardware. Finished surfaces shall be free from defects or blemishes. D. Protective coverings or drop cloths shall be used to protect other adjacent surfaces which would be damaged or marred by repair materials. Personnel entering work area shall take precautions to prevent damage or contamination of prepared and repaired surfaces. Care shall be exercised to prevent repair materials from being spattered onto surfaces which are not to be repaired. Surfaces from which such material cannot be removed satisfactorily shall be repaired as required to produce a finish satisfactory to the Inspector. E. All material shall be applied as specified herein. 3.8 APPLICATION, CONCRETE A. Application of Flexible Sealant Material to Joints 1. Upon Completion of surface preparation and repair of defective areas as previously specified,joint shall receive an application of primer and sealant material specified under 2.2 D.1. "REPAIR MATERIALS, SPECIFIC". a. The primer shall be applied as specified in manufacturer's printed literature to thoroughly wet and penetrate into substrate. b. The sealant shall be applied a minimum of 1 hour after application of primer or a maximum of 8 hours after application of primer. If primer is not applied within 8 hours all surfaced must be reprimed. C. Minimum width to depth ratio for the joint is 2:1 and minimum depth of sealant material shall be '/a inch. d. If depth of joint exceeds that recommended by manufacturer of sealant and standard industry practices,joint shall be filled to correct depth with backer rod or other approved materials. Closed-cell backer rod will not be permitted in horizontal joints. 3.9 APPLICATION, STEEL A. Application of Coating Materials to designated steel pipes, valves and i appurtenances 1. After completion of surface preparation as specified, designated steel surfaces shall receive three 5.0 mils coats of coating material specified under 2.2 D. 2. "REPAIR MATERIALS, SPECIFIC" to a total dry film thickness of i 15.0 mils for the completed system. Harper&Associates Engineering, Inc. December 2015 16 i i 3.10 QUALITY CONTROL A. Project is subject to intermittent shutdown if, in the opinion of the Inspector,ongoing cleaning and application operations are creating a localized condition detrimental to City operations and adjacent site. B. In the event of emergency shutdown due to Owner's operations, as determined by the Inspector, Contractor shall be reimbursed for additional costs created by shutdown. Reimbursement formula shall be as agreed to in Pre-Construction Conference. The specified contract period will be extended equal to the amount of time Contractor is delayed by Inspector or other authorized acts. C. All repair components shall be mixed in exact proportions specified by the manufacturer. Care shall be exercised to ensure all material is removed from containers during mixing operations. D. All repair materials shall be thoroughly mixed, utilizing approved slow-speed mixer equipment until all components are thoroughly combined and are of a smooth consistency. Multi-component materials shall not be applied beyond pot-life limits or application cycles specified by manufacturer. E. Thinners shall be added to application materials only as required in accordance with manufacturer's printed literature and in the presence of the Inspector. F. Application of all materials shall be as specified in manufacturer's printed literature. Drying times and recoat cycles between applications shall be strictly observed as stated in manufacturer's printed instructions. G. Any excess materials on surfaces shall be removed. H. Repair materials may be applied by spray, brush,trowel,or other approved method. Materials shall be pressed firmly into voids to insure 100%filling/sealing. I. When two or more coats are specified, where possible, each coat shall contain sufficient approved color additive to act as an indicator of coverage or the coats must be of contrasting color. J. All mixing, thinning, application and holiday detection of materials shall be accomplished in the presence of the Inspector. K. Care shall be exercised during spraying operations to hold the spray nozzle at correct angle to surface to ensure a uniform coverage and filling of cracks and crevices. Reaching beyond limits of scaffold perimeter will not be permitted. All drip, runs and defective areas in coated or painted surface shall be removed as directed by the Inspector. All overspray identified by Inspector shall be removed by hand or pole sanding prior to application of subsequent coat. L. Upon completion of interior metallic surface coating operations,after curing interval in accordance with manufacturer's recommendations, holiday detection shall be accomplished with a wirebrush electrode, using the specified instrument at 1,500 volts. Repair and retesting shall be accomplished as specified under 1.11 QUALITY ASSURANCE. Inspector is not precluded from verifying adequacy of holiday testing by accomplishing holiday detection of selected areas, using his own holiday detector. Harper&Associates Engineering, Inc. December 2015 17 M. A time element equivalent to 3 days curing time at 70 degrees F. and 50% relative humidity shall be allowed before placing the sealant into service. N. A time element equivalent to 7 days curing time at 70 degrees F. and 50% relative humidity shall be allowed before placing the coating into service, as determined in 3.11 "FINAL CURING OF REPAIR MATERIALS". O. Upon completion of application operations, quality assurance inspection shall be accomplished as specified. 3.11 FINAL CURING OF REPAIR MATERIALS A. Upon completion and acceptance of applied coating system,Contractor shall furnish an approved exhaust fan or blower of sufficient capacity to ensure removal of solvent vapors during curing process. The fan or blower,after review by Inspector,shall be installed as reviewed by the Inspector and shall remain in continuous operation until repair materials are completely cured as determined by the manufacturer of the - system. Operation and maintenance of blower during curing operations shall be observed by the City if Contractor has completed all ongoing work and workers are not working at the site. In the event of blower malfunction,City will immediately notify Contractor, who will be responsible for repair of blower or furnishing of another operating blower until completion of curing operations. B. After completion of curing cycle as noted above,the Contractor shall test the applied repair materials via manufacturer's instructions to verify,to the Inspector, adequate curing has been attained. Methods of conducting the tests will be approved by the manufacturer of the applied system. 1. If final cure has not been attained, based on above tests,ventilation shall be continued until applied coating passes the specified tests. C. After final cure is accepted by Manufacturer and Inspector,Contractor shall remove fan or blower. 3.12 DISINFECTION A. Disinfecting of interior surfaces of reservoir shall be accomplished in the presence of the Inspector, in conformance to AWWA Standard C652 Section 4.2 Chlorination Method 2. 1. Disinfection shall be accomplished after completion and acceptance by Owner of all interior recoating and curing of coating as required in 3.11 "FINAL CURING OF REPAIR MATERIALS". 2. Prior to disinfecting,the complete interiors shall be cleaned with an approved cleaner or detergent applied via high pressure solution method. If deemed necessary by Inspector, immersed areas shall be scrubbed with a brush or similar implement which will apply force and pressure to the surface to completely remove residual solvents and other surface contaminants. a. Cleaned surfaces shall then be rinsed with clean water. Residual water and contamination removed during washing process shall be thoroughly flushed from reservoir. Contractor shall NOT be permitted Harper&Associates Engineering, Inc. December 2015 18 to discharge the wash water onto site or into drain. Method of disposal shall be pre-approved by City. This operation shall be accomplished after completion of interior work as directed by the Inspector. 3. After completion of cleaning cycles as noted above,all interior surfaces shall jet washed with a chlorine solution having a content of 200 PPM. Chlorine solution which accumulates on the bottom shall be drained to waste. Contractor shall obtain approval of City prior to draining any high strength chlorinated water to waste. Rinsing with clean water is not required unless directed by Inspector. 4. Once the reservoir has been completely filled, the reservoir will be isolated from the water system and the Contractor will have a certified laboratory take a Bac-T test. Should the Bac-T test fail, the Contractor will be responsible for reimbursing the City for the rejected and drained water and will be required to rechlorinate the reservoir as described above until the Bac-T tests are negative. 3.13 TESTING FOR PHYSICAL AND BACTERICLOGICAL RESULTS: A. To monitor the presence of bacteria,VOC's and/or other contaminates leached into the water from the coating process, the following procedure shall be utilized: 1. After satisfactory curing, cleaning, and disinfection by contractor, the reservoir shall be filled by City in accordance with standard filling procedure. 2. On the second and third day following completion of filling of reservoir, samples of water shall be removed by the Contractor's Certified Lab for bacteriological and physical quality tests. 3. The analytical results must indicate acceptable levels of leached organics, bacteria or other, and to be in accordance with levels established by the Water Quality Department. The reservoir must indicate acceptable results for(VOC,coliform, HPC,turbidity, EC,pH,color,and odor)standards for two consecutive sampling events prior to being approved for domestic usage. Sampling events shall be twenty hours apart at a minimum. The Director of Water Quality or his appointed designee will make the determination for suitability and must approve the reservoir's water quality prior to it's use for domestic consumption. 4. If levels exceed those acceptable to the Water Quality Department, the - reservoir shall be drained, flushed, refilled and retested at the Contractor's expense. Failure of the reservoir to attain levels acceptable to the Water Quality Department shall be the responsibility of the Contractor and remedial measures to attain such levels shall be at his sole expense. 5. If leached organics(or other)produce any taste and/or odor objectionable to consumers from the reservoir water, the reservoir shall be drained, recleaned,flushed, refilled and retested at the Contractor's expense. Failure of the reservoir to be taste and odor-free shall be the responsibility of the Contractor and remedial measures to attain such a condition shall be at his sole expense. Harper&Associates Engineering, Inc. December 2015 19 i 6. Given acceptable physical and bacteriological results, the Water Quality Department will notify the California Department of Health Services, and seek permission to return the reservoir to domestic service. 3.14 CLEANUP A. Upon completion of the work, all staging, scaffolding and containers shall be removed from the site or destroyed in a manner approved by the Inspector. Material and thinner containers, and excess materials and thinners, shall be disposed of in conformance to current regulations. Excess materials upon adjacent surfaces shall be removed and the entire jobsite cleaned. All damage to surfaces resulting from the work of this section shall be cleaned, repaired or refinished to the complete satisfaction of the Inspector at no cost to the City. 3.15 OMISSIONS A. Care has been taken to delineate herein those surfaces to be repaired. However, If repair requirements have been inadvertently omitted from this section or any other section of the specifications, it is intended that all defective surfaces, unless specifically exempted herein, shall receive a first-class protective system equal to that given the same type surface pursuant to these specifications. I� Harper&Associates Engineering, Inc. December 2015 20 EXHIBIT C 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: i PROJECT: REHABILITATION OF 10 MILLION GALLON RESERVOIR A, Enclosed herewith and by this reference incorporated herein and made a part of this Bidder's Bid are the following completed forms: '? 1, Bidder's Proposal 2. Schedule of Bid Prices 3. Incumbency Certificate 4, Bid Security in the following form(check one): ❑ Cashier's Check ❑ Certified Check X Bid Bond ❑ Cash 5, Bidder's Statement of Qualifications 6, Experience Form 7. Statement of Violations of Federal, State or Local Law, if applicable 8. Specialty Contractor Statement of Qualifications 9. Contractor Safety Questionnaire 10. Designation of Subcontractors 11, Contractor's Affidavit of Noncollusion 12. Insurance Requirements Affidavit 13. Statement of Disqualification or Debarment. 14. Pre-Bid Site Inspection Certification. i 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. i i 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. i 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 I BF 1 of 39 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/she and his/her Subcontractors have inspected the site and related Drawings and Specifications of Work and fully acquainted themselves with all conditions and matters which may in any way affect the Work,time of completion or the costs thereof, Bidder also certifies he/she has observed the designated Contractor Work areas and access routes, if disclosed or shown, as part of the Work in this Contract. SITE INSPECTION—CERTIFICATION: Person(s)who inspected site of the proposed Work for your firm: ff Name: ��Ja 6rs611 Date of Inspection ► S� 11 b Title: Pfgw � Wunotgg✓ Name: _Date of Inspection _ i Title: i D. Bidder agrees that all costs of Work shown in the Bidding Documents, including work reasonably inferable j therefrom and necessary thereto, are included in his/her Bid. All Work shown in the Contract Documents for which a specific line item is not provided in the Bidding Form is included in the Bidder's Total Base Bid Price, E. Forfeiture of Bid Security. Bidder further agrees that, in case of his/her default in executing the required Contract and the required bonds, or furnishing the required insurance, the money payable under the Bid Security accompanying this Bid shall be applied by the City towards payment of the damage to the City on account of such default,as provided in the Bidding Documents. F. Period of Irrevocability. Bidder agrees that this Bid shall remain open and shall not be withdrawn for a period of not less than ninety (90) calendar days from the date of award of Contract, or until rejected by the City, whichever period is shorter. G. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder's submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal,state,and local laws. The Bidder declares that neither he/she nor any member of his/her firm or corporation is an officer or employee of the City of Vernon. i 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 day of at paramou► -- _ 'QA (— City State BF2of39 BIDDING FORMS Bidder's Proposal Respectfully Submitted, NAME OF BIDDER COMPANY e NAME: ilL�riC>zr� Snd-�S-Ft'�C�, �e w► °d►Zn� ADDRESS: Los AA10 ►;!6--;CA- q[ -7 c) CONTACT PERSON; TELEPHONE NUMBER: S(Qa 94() R3oS FAX NUMBER: 5(Qa q 40 43 3p Ca E-MAIL: b._ n::�j Qd n Apr V i• rCS CprY1 CALIFORNIA STATE CONTRACTOR'S LICENSE NUMBER: GO 3IOS3 EXPIRATION DATE: 1.31 i TAX IDENTIFICATION NO.: '53-O'-1447?� ,q SURETY COMPANY: JiEOLVA-elr s Casual- Ct�p�SUY'e ►"^1Pary 0 4 All Bid forms must be signed where so indicated by the person or persons duly authorized to sign on behalf of the Bidder. By signing the Bid, the person signing is deemed to represent that he or she has authority to bind the Bidder. Failure to sign the Bidder's Proposal may invalidate the Bid. i 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: i Title: Printed name of person signing i Signature List all d/b/a's: Partnership: ❑ General Partner ❑ Limited Partner i I i BF3of39 i BIDDING FORMS By: Title: Printed name of person signing Signature Corporation: By: �CX �. �� hhS�hJ�. Corporate Officer Title: CSiQeY1'T" Printed name of person signing Corporate Seal Signature I ❑ Joint Venture: ❑ Corporation ❑ Partnership i ❑ Individual ❑ Other By: ' Title: Printed name of person signing i Signature Name of all Joint Venturers: [If the Bidder is a corporation or a limited liability company, enter state or county of incorporation in addition to the business address and include an incumbency certificate executed by a Secretary thereof in the form set forth herein listing each officer with signing authority and his/her corresponding office. If the Bidder is a partnership or joint venturer stating that the respective partner or joint venturer agrees to be held jointly and severally liable for any and all of the duties and obligations of the Bidder under the Bid and under any contract arising therefrom. Attach evidence to the Bid Proposal Form that the individual signing has authority to do so.] i BF 4 of 39 BIDDING FORMS SCHEDULE OF BID PRICES PROJECT REHABILITATION OF 10 MILLION GALLON RESERVOIR BIDDER'S NAME: ttYAVCLN.03 �Aus7 ►a l SCHEDULE OF WORK ITEMS 10 MG CONCRETE RESERVOIR Contractor shall furnish all labor,materials,equipment,applicable taxes,and incidentals necessary for the accomplishment of the following specific work items. Item No. Description Quantity Unit Unit Price Item Total I Interior Cleaning:Furnish all labor, materials,and equipment to clean all Lump interior surfaces in accordance with the I Sum $ $ a�Of� specifications. S$,00Q S 2 Interior Steel Coating: Furnish all labor, materials,and equipment to prepare interior steel piping and appurtenances 1 Lump $ $ and coat with an epoxy coating in Sum accordance with the specifications. eZ3, a100 013,qOb 3 Joint Sealants:Furnish all labor, materials,and equipment to remove and replace joint sealants,in 3000 LF accordance with the specifications. 4 Wash Down:Furnish all labor, materials,and equipment to wash down I Lump $ S and disinfect interior surfaces of the Sum I l i SOD l l 00 0 tank. tGrand Total Cost $ (y(p q do i The City will inspect the reservoir once it has been drained to determine its condition and what repairs are necessary, The City reserves the right, upon its determination, to remove, eliminate, or modify Line Item No. 3, in accordance with its findings,from the Grand Total Cost. All work items, labor, materials, tools and incidentals which are not specifically listed in the above bid items, but are necessary to complete the project per specifications, and all other applicable standards and codes are considered to be included in the bid items reflected above. If there is a discrepancy between (1)the"Grand Total Cost", (2) any"Item Total",or(3)the individual Unit Price,then the Unit Price shall control over the Item Total, and the Item Total shall control over the Grand Total Cost. If, i 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 j for the item and the price thus obtained shall be the unit price. i i I BF 5 of 39 i I BIDDING FORMS (dollar amount) Respect i e 1121 1 lAi e"v,64 PA. , LOS q 07a6 Si na e Address ��eSid Title Date &31053 II3► �I$ License Number Date of Expiration (SEAL-if Bid is by a corporation) Attest i ApAmount of C rtifieed or Cashier's Check or Bid Bond tC�OCtQ�tf� Name of Bonding Company i i i I i i i 1 i 1 i I i i i I i i BF 6 of 39 I 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: i i PRESIDENT'S&OFFICERS' NAME: TITLE: �O-e ru re✓ i i The undersigned hereby certifies to the City of Vernon that he/she is the duly elected and acting Secretary of AAvn>1te� 7dNAu t&I Sevylt",2yye-.(the"Company"),and that,as such,he/she is authorized to execute this Incumbency Certificate on behalf of the Company, and further certifies that the persons named above are the duly elected,qualified and acting officers of the Company, holding on the date hereof,the titles and positions set forth opposite their names and are authorized to sign the Bid Forms. i j; IN WITNESS WHEREOF, the undersigned has executed this Incumbency Certificate this Q-7 day of 20-LO - Secretary's Name-Printed Secretary's S,� nature i { i i i t I i I I I BF 7 of 39 I BIDDING FORMS Bond No.: BBSU Premium Amount:$ Bond's Effective Date: BID BOND i RECITALS: 1, The City of Vernon,California("U4"),has issued a Notice Inviting Bids for the Work described as follows: Rehabilitation of 10 million i Contract No.CS•0639: Gallon Reservoir in Vernon,CA.("Project'). 2. In response to the Notice Inviting Bids, Advanced Industrial Services, Inc. (Name,address,and telephone of Contractor) 7831 Alondra Blvd., Paramount, CA 907323 ("Principal"), has submitted the accompanying Bid for the Project. 3. Principal is required under the terms of the Specification—and all Bidding Documents referenced in it—to furnish a bond with the Bid. 4, The Specification, including all its amendments and supplements, and Principal's Bid are incorporated into this Bond and made a part of it by this reference. OBLIGATION: THEREFORE,for value received,We,Principal and Travelers Casualty and Surety Company of America (Name,address,and telephone of Surety) 21688 Gateway Center Dr., Diamond Bar, CA 91765 _ ("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 Five Percent of Amount of Bid Dollars($5% of Bid }("the Bonded Sum"), 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: Associated Ins. Services Inc., 600 Hampshire Rd., Ste. 150,Westlake Village, CA (Name,address,and telephone) 91361 Registered Agent's California Department of Insurance License No. 0551385 i 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--4f no period is specified—for ninety (90) calendar days after City awards the Contract for the Project, or (b) attempt to withdraw its Bid when the requirements of California Public Contract Code §5101 et seq., or any successor legislation, are not met or(2) City awards Principal the Contract in i response to Principal's Bid,and within the time and manner specified by the Specification or Contract Documents or— I if no period is specified—within fourteen(14)calendar days after the Contract's award, Principal (a)signs and delivers to City the Contract, in accordance with the Bid as accepted, (b) furnishes the required bonds for not only Principal's faithful performance and proper fulfillment of the Contract,but also Principal's payment for labor and materials used in the Project,and(c)furnishes the required insurance, then this obligation becomes null and void. Otherwise,this Bond remains in full force and effect,and the following terms and conditions apply to this Bond: 1, Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's guaranteeing that upon City's awarding the Contract to Principal,the Principal will enter into the Contract with City. 2. No right of action accrues on this Bond to any entity other than City or its successors and assigns. 3. If an action at law or in equity is necessary to enforce or interpret this Bond's terms,Surety must pay---in addition to the Bonded Sum—City's reasonable attorneys'fees and litigation costs,in an amount the court fixes. BF8of39 I 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,orwithdraw 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; January 27, 2016 I PRINCIPAL: SURETY: i j Advanced Industrial Services,Inc. Travelers Casualty and Surety Company of America Company m (Co y Name) (Signa re) e gnatur By; 1 �dv,s��y�.9r gy; Lo ane Arzadon (Name) (Name) Its: 1-eS►1�Pii� Its: Attorney-in-Fact (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: 21688 Gateway Center Dr., Diamond Bar, CA 91765 CORPORATE SEAL CORPORATE SEAL ■ EVIDENCE MUST BE ATTACHED OF THEAUTHORITY OFANYPERSON SIGNING AS ATTORNEY-IN-FACT. ■ THEATTORNEYIN-FACTS SIGNATURE MUST BE NOTARIZED. ■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH,AREA CORPORATION. r i i i i i I I BF9of39 i ACKNOWLEDGMENT i A notary public or other officer completing this j 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. I State of California County of LOS ANGELES On JANUARY 27, 2016 before me, NANCY M. CHAVEZ, NOTARY PUBLIC (insert name and title of the officer) i personally appeared LORADANE ARZADON who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. WITNESS my hand and official seal. N NANCY M.CHAVEZ r to COMM.#2102021 NOTARY PUBLIC-CALIFORNIA O LOSANGELES COUNTY My COMM,ExpIrss MAR,30,2Ui9 Signature �1/�(,� � d (Seal) 1 i i i i i i I WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. M-avelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 229712 Certificate No. 006178739 I KNOW ALL, MEN BY THESE PRESENTS: That Farmington Casualty Company,St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States jFidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Iustu-ance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companics"),and that the Companies do hereby make,constitute and appoint Frank Hertel, Dana S.Garcia,Richard E.Block,Nancy M.Chavez.,Jonathan Fong,Christian P.Schick,Sofia Cano,L.uci Pai,Cathleen Sapuriada, Christine Martin,Celso F.Aguilar,Loradane Aizadon,and Bryan K. Bullinger of the City of Diamond Bar State of California their true and lawful Attorneys)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and Other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. i t IN WITNES I WHEREOF,the Compa�i j have caused this instrument to be signed and their corporate seats to be hereto affixed,this ZBIh clay of y 5 Farmington Casually Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Irsurance Company i i Jy F%K 4y ;��.- ,•• 1NSUggy., j �5 "�(1 � �, INC�IPORAIED� � I'flCOPPOfl��E}'f ice:��PPOR9T M1' � �` j �Oe rr i9Jr A f SE itL A• ;�: o; CONN. n �CCdlN. R N 1898 �. I y` ctwN� �y� 1 os�s oof3 ',tia.. .',Pf s�e:SEA... y e° ®\.y, •6� p� �� F /,� 1, .,,m�,� cad°' ti�JS•.AN�a_ .......:�N ',*,;. ,.;,,�-",•'� � .�,n�;�. '"�Attu i State of Connecticut By: _ City of Hartford ss. Robert L.Raney, e uor Vice President 28th July 2015 On this the clay of ,hefore me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Patti Guardian Insurance Company,St.Paul Mercury Insurance Company,"Travelers Casualty,in([Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G TIT? In Witness Whereof,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2016_ u� * Marie C.Tetreault,Notary Public 58440.8-12 Printed in U.S.A. I WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER BIDDING FORMS BOND ACKNOWLEDGMENT FOR i 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 i I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing i paragraph is true and correct. i i Notary Public i SEAL 1 i 1 i i I i i I BF 10 of 39 i BIDDING FORMS BIDDER'S STATEMENT OF QUALIFICATIONS 1. ORGANIZATION 1.1 How many years has your organization been in business as a Contractor? 1.2 How many years has your organization been in business under its present name?��4ca" rS 1.2.1 Under what other names has your organization operated? NIA 1.3 If your organization is a corporation, answer the following: i 1.3.1 Date of incorporation/organization: g N 1.3.2 State of incorporation/organization: CA1 I �or n A 1.3,3 Corporate ID number: 3 O l y 1 Sa i 1.3.4 Name of President: 12ex �.1��j�nv►s-�ov► 1.3.5 Agent for Service of Process: h i I1► E . S�.\y er In rain i 1.4 If your organization is a partnership,answer the following: i 1.4.1 Date of organization/formation: i i 1.4.2 Type of partnership(if applicable): 1.4.3 Name(s)of general partner(s): I 1.4A List all states in which you are registered and state ID numbers for each: N 1,5 If your organization is individually owned, answer the following: i I 1.5.1 Date of organization: i 1.5.2 Name of owner: I 1.6 If the form of your organization is other than those listed above,describe it and name the principals: N 1 Ar i BF 11 of 39 i i I 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. 2.2 List jurisdictions in which your organization's partnership or trade name is filed. APa 2.3 List any licensing suspensions and/or violations assessed against your organization within the past five years. tit A i 3. EXPERIENCE I 3.1 List the categories of Work that your organization normally performs with its own ersonnel. S i 1 C L 1 -1ra kph i r r r►ro }-- z�ncJ i " 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. i 1 { 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). 3.4 On a separate sheet, list the experience and present commitments of the key individuals of your organization. 4. CLAIMS; LAWSUITS; CRIMINAL ACTS i For the following questions, the term "owner" does not include owners of stock in your firm if your firm is a publicly-traded corporation. i 4.1 In the past five (5) years, have, you, your firm or any of its owners, partners, officers, or j employees been a defendant in court, or participated in an arbitration or mediation, on a matter related to; i I f 4.1.1 The performance, non-performance, default, violation, or breach of a contract or agreement? ❑ YES NO BF 12 of 39 • BIDDING FORMS 4.1.2 A vehicle collision or accident involving your firm's employees? ❑ YES 1 N0 4.1.3 Damage to real property arising out of your services or operations? ❑ YES %0 4.1.4 Employment-related litigation brought by an employee of your firm? ❑ YES f'NO 4.1.5 Payment to a subcontractor or supplier? ❑ YES V NO I 4.1.6 Defective,deficient,or substandard work? ❑ YES L�NO I If the answer to any questions in 4.1.1 to 416 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. i 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? I ❑ YES 1!3(NO 1 If YES, identify the government entity or client;list the date,court and case number; describe the facts and circumstances about the claim for damages,or the lawsuit,or both; and set forth the outcome or disposition. Attach additional sheets as necessary. i i 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 LQ;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; Iand set forth the amount of the judgment or lien. Attach additional sheets if necessary. 4.4 In the past five 5 ears, has an p O y y 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 I owners, partners,officers, or employees violated any laws, rules,or regulations? i I I BF 13 of 39 i BIDDING FORMS i ❑ YES EZNO If YES, identify the government entity;list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 4.5 In the past five(5)years, have you, your firm or any of its owners, partners,officers or employees been convicted of a crime related to the bidding of a government contract,the awarding of a government contract,or the performance of a government contract? ("Convicted"includes a verdict of guilty by a judge orjury,a plea of guilty,a plea of nolo contendere,or a forfeiture of bail.) ❑ YES VNO 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 NAO If YES, identify the crime or offense; list the date,court and case number;describe the j" facts and circumstances about each instance; and set forth the penalty or punishment imposed. Attach additional sheets as necessary. i 4.7 Have you or, if Bidder is a corporation, any principal of the corporation ever been convicted of a felony? ❑ YES CCNO 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 [!�40 i iIf YES, identify the government entity, and describe the facts and circumstances about '' each instance, Attach additional sheets as necessary. I 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 r NO BF 14 of 39 i i i i i i 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. i ❑ YES 0 i I 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 C!�,40 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 T�4O 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? ❑ YES10 If YES,describe the transaction; list the anticipated date for completing the transaction, i laying off employees,or reducing staff;and describe the facts,circumstances, and reason for taking the action, Attach additional sheets as necessary. i 6. BIDDING; DEBARMENT;CONTRACT PERFORMANCE 6.1. Has a government entity ever debarred, disqualified, removed, suspended, or otherwise prevented you or your firm from bidding on, contracting, or completing a construction project? ❑ YES 'XIN0 i If YES, identify the name of the government entity, list the date,and describe the facts and circumstances about each instance, and state the reason for the government entity's action against your firm. Attach additional sheets as necessary. i i i i BF 15 of 39 i i a BIDDING FORMS 6.2. Has a government entity ever rejected your firm's Bid or Proposal on the ground that you i or your firm is a"non-responsible"bidder or proposer? i ❑ YES [�10 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 j 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 L If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.4. In the past five(5)years, have you or any officer or principal of your firm been an officer of another firm which failed to perform a contract or agreement? ❑ YES VN0 If YES, list the date, and describe the facts and circumstances about each instance, Attach additional sheets as necessary. 6.5, Has your firm ever advised a government entity or a client, while your firm was under contract with the government entity or client,that your firm could not(or would not)fulfill or perform — either partially or completely — the contract or the agreement based on the prices that your firm had originally submitted in a Bid or a Proposal? ❑ YES XN0 If YES, list the date, identify the name of the government entity or client, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.6. Has your firm ever requested a government entity or a client, while your firm was under contract with the government entity or client, to renegotiate one or more terms of the existing contract or agreement? ❑ YES X10 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. i 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? i i I BF 16 of 39 i i I BIDDING FORMS ❑ YES �NO I If YES, identify the name of the government entity or client, list the date, and describe the i facts and circumstances about each instance. Attach additional sheets as necessary. 6.8. Has a government entity or a client ever terminated, suspended, or non-renewed your firm's contract or agreement before its completion? ❑ YES WO If YES, identify the name of the government entity, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.9. Has a government entity or a client ever notified or advised your firm that your firm's performance under a contract or agreement was poor, sub-standard, deficient, or non- compliant? ❑ YES 775d0 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. i 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 L V0 If YES, identify all such contracts/projects by owner, owner's address, the date of completion of the project, amount of liquidated damages assessed, and all other information necessary to fully explain the assessment or payment of liquidated damages. Attach additional sheets as necessary. 7. INSURANCE AND BONDS 7.1. In the past ten years, has an insurance company or a surety company: 7.1.1. Refused to insure your firm for liability coverage? ❑ YES 7.1.2. Canceled or non-renewed your firm's insurance coverage? ❑ YES L40 a7.1.3. Refused to issue your firm a bond? ❑ YES n40 j 71.4. Canceled or revoked a bond obtained by your firm? i ❑ YES L NO i i BF 17 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. I 7.2 In the past ten (10) years, has an insurance company or surety company made any payments on your firm's behalf as a result of a default,to satisfy any claims against a performance bond, payment bond, or maintenance bond issued on your firm's behalf? ❑ YES `SVO If YES, identify each contract completed or amount of each claim, the name and telephone number of the claimant,the date,grounds and current status of the claim,and if resolved, the method, nature, and amount of the resolution. Attach addition sheets as necessary. 8. SURETY 8.1 If a performance and/or payment bond is required by this bid, identify the bonding company if arrangements for the bond have been made; if not, identify the bonding company for the Contractor's ost recent project: 8.2 Name and address of agent: All of the above statements as to experience, financial qualifications, and available plant and equipment are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the Bidder. 1 hereby certify under penalty of perjury under the laws of the state of California that the representation made k! ! herein are true and correct. Signature of Bidder g d r i i I i i i i BF 18 of 39 i ''I I M 6� � m O v � \ � v a 2 Y CD v R to o �o @ w n o. cu o, Y d N O a> a Q y v O O v 'may � ✓ r� N Q N G G N N 17 � o a� Co ` - ty v ! Z Z COc? t9 a> Z Q es c''o io G i 1�61 y Zz ca r is �� ✓ p S � oCk- 11a '✓' v N U d cL 2 O y Q cn 2 nQ m U N N 'i ti �l t i �l au kf Contractor Experience Statement • AGENCY:CITY OF CAMARILLO ADDRESS: 601 CARMEN DR. CAMARILLO,CA 93010 i PHONE: 805-388-5376 CONTACT: LUCIA MCGOVERN PROJECT: RESERVOIR 1,3,4 YEAR COMPLETED:7/2011 AMOUNT:$655,919.00 SCOPE OF WORK: BLAST/COAT INTERIOR/EXTERIOR OF(3) POTABLE WATER RESERVOIR PROJECT: MANAGER: BRETT JOHNSTON CALENDAR DAYS:95 • AGENCY: MOJAVE WATER AGENCY ADDRESS: 13846 CONFENCE CENTER DR.,APPLE VALLEY,CA 92307 PHONE:760-946-7020 CONTACT: DARRELL REYNOLDS PROJECT:WARREN VISTA RESERVOIR YEAR COMPLETED:7/2012 AMOUNT: $587,900.00 SCOPE OF WORK: CLEANING, MODIFICATION AND REHABILITATION OF LINING/COATING I PROJECT MANAGER: BRETT JOHNSTON CALENDAR DAYS: 150 a. • AGENCY:MOULTON NIGUEL WATER DISTRICT ADDRESS:27500 LA PAZ RD., LAGUNA NIGUEL,CA PHONE:949-795-6798 CONTACT: RAY MCDOWELL PROJECT: RESERVOIR SEVILLE NO. 1&2YEAR COMPLETED: 2/2013 AMOUNT:$844,500.00 SCOPE OF WORK: BLAST/COAT INTERIOR/EXTERIOR OF(2) 2MG POTABLE WATER RESERVOIR PROJECT MANAGER: BRETT JOHNSTON CALENDAR DAYS: 185 i • AGENCY: SOUTH COAST WATER DISTRICT ADDRESS:31592 WEST ST.,LAGUNA BEACH, CA 92651 PHONE:949-289-0010 CONTACT: MARISSA POTTER PROJECT: RES.461 YEAR COMPLETED:3/2013 AMOUNT: $303,790.00 SCOPE OF WORK: BLAST/COAT INTERIOR/EXTERIOR OF 1MG POTABLE WATER RESERVOIR PROJECT MANAGER: BRETT JOHNSTON CALENDAR DAYS: 105 • AGENCY: CARLSBAD MUNICIPAL WATER DISTRICT ADDRESS: 1635 FARADAY AVE.,CARLSBAD,CA 92008-7314 PHONE: 760-602-4677CONTACT: DAVID AHLES PROJECT: D1&D2 YEAR COMPLETED: 5/2013 AMOUNT: $667,718.00 SCOPE OF WORK: BLAST/COAT INTERIOR/EXTERIOR OF(2) 1MG POTABLE WATER RESERVOIR PROJECT MANAGER: BRETT JOHNSTON CALENDAR DAYS: 215 AGENCY:WALNUT VALLEY WATER DISTRICT ADDRESS:271 SOUTH BREA CANYON RD., WALNUT,CA 9178 PHONE:909-595-1268 CONTACT:TOM MONK PROJECT: RIDGE LINE COMPLETED:6/2013 AMOUNT:$923,900.00 SCOPE OF WORK: BLAST/COAT INTERIOR/EXTERIOR OF(3)3MG POTABLE WATER RESERVOIR PROJECT MANAGER: BRETTJOHNSTON CALENDAR DAYS:270 ADVANCED INDUSTRIAL SERVICES, INC. I ... • AGENCY: OTAY WATER DISTRICT ADDRESS: 2554 SWEETWATER SPRINGS BLVD., SPRING VALLEY,CA 91978-2004 PHONE:619-670-2248 CONTACT: KEVIN CAMERON PROJECT: 803-3 &832-2 COMPLETED: 12/2013 AMOUNT:$873,561.37 SCOPE OF WORK: BLAST/COAT INTERIOR/EXTERIOR OF 8MG POTABLE RESERVOIR PROJECT MANAGER: BRETT JOHNSTON CALENDAR DAYS: 305 • AGENCY: CITY OF CAMARILLO ADDRESS: 601 CARMEN DR. CAMARILLO,CA 93010 PHONE:805-388-5376 CONTACT: LUCIA MCGOVERN PROJECT: RESERVOIR 2,5,6 YEAR COMPLETED:2014 AMOUNT: $414,155.00 SCOPE OF WORK: BLAST/COAT INTERIOR OF(3)500k GAL POTABLE RESERVOIR PROJECT MANAGER: BRETT JOHNSTON CALENDAR DAYS: 180 �, • AGENCY: RANCHO CALIFORNIA WATER DISTRICT ADDRESS:42135 WINCHESTER ROAD TEMECULA,CA 92590 PHONE:951-296-6900 CONTACT: HEATH MCMAHON PROJECT: D1741+RSVR YEAR COMPLETED: 2014 AMOUNT: $2,390,544.00 SCOPE OF WORK: BLAST/COAT(4)TANK INTERIORS, (3)TANK EXTERIORS PROJECT MANAGER: BRETT JOHNSTON CALENDAR DAYS: 175 i • AGENCY:OTAY WATER DISTRICT ADDRESS: 2554 SWEETWATER SPRINGS BLVD.,SPRING VALLEY,CA 91978-2004 PHONE:619-670-2248 CONTACT: KEVIN CAMERON PROJECT:624-2 COMPLETED:2014 AMOUNT: $1,180,769.78 SCOPE OF WORK: BLAST/COAT INTERIOR/EXTERIOR OF(2)3MG POTABLE RESERVOIRS PROJECT MANAGER: BRETT JOHNSTON CALENDAR DAYS: 130 • AGENCY: SOUTH COAST WATER DISTRICT ADDRESS:31592 WEST ST.,LAGUNA BEACH,CA 92651 PHONE:949-289-0010 CONTACT: BOBBY YOUNG PROJECT:GRF YEAR COMPLETED:2014 AMOUNT:$66,900.00 SCOPE OF WORK: WASH AND OVERCOAT PUMP FACILITY PROJECT MANAGER: BRETT JOHNSTON CALENDAR DAYS: 60 • AGENCY:CITY OF LOMITA ADDRESS: 24300 NARBONNE AVE., LOMITA,CA 90717 PHONE:310-325-7110 CONTACT:TOM SHAHBAZI PROJECT: HARBOR HILLS WATER STORAGE TK.YEAR COMPLETED: 10/2014 AMOUNT: $221,000.00 PROJECT MANAGER: BRETT JOHNSTON • AGENCY:WALNUT VALLEY WATER DISTRICT ADDRESS: 271 SOUTH BREA CANYON RD.,WALNUT, CA 9178 PHONE:909-595-1268 CONTACT:TOM MONK PROJECT: ARMITOS AND HILLRISE RESERVOIR COMPLETED: 10/2014 AMOUNT: $1,083,900.00 PROJECT MANAGER: BRETT JOHNSTON ADVANCED INDUSTRIAL SERVICES, INC. • AGENCY:MOULTON NIGUEL WATER DISTRICT ADDRESS:27500 LA PAZ RD., LAGUNA NIGUEL, CA PHONE:949-795-6798 CONTACT: RAY MCDOWELL PROJECT:SOUTHRIDE AND WOOD CANYON YEAR COMPLETED: 1/2015 AMOUNT:$924,179.00, PROJECT MANAGER: BRETT JOHNSTON • AGENCY: RANCHO CALIFORNIA WATER DISTRICT ADDRESS:42135 WINCHESTER ROAD TEMECULA,CA 92590 PHONE:951-296-6900 CONTACT: HEATH MCMAHON PROJECT: D1799+RSVR YEAR COMPLETED: 2015 AMOUNT:$1,874,190.00 SCOPE OF WORK: BLAST/COAT(6)TANKS i PROJECT MANAGER: BRETT JOHNSTON • AGENCY:DIABLO WATER DISTRICT ADDRESS: 2107 MAIN ST.,OAKLEY, CA 94561 PHONE:925-625-6159 CONTACT: MIKE YERAKA PROJECT: RESERVOIR NO.1 YEAR COMPLETED: 1/2015 AMOUNT:$375,669.00 PROJECT MANAGER:TY JOHNSTON • AGENCY:CALIFORNIA WATER SERVICES ADDRESS: 1720 N. FIRST ST.,SAN JOSE, CA 95112 PHONE:408-367-8527 CONTACT:BRYAN WILFLEY 'i PROJECT:SOUTHERN REGION TANKS YEAR COMPLETED.8/2015 AMOUNT:$1,281,300.00 PROJECT MANAGER: BRETTJOHNSTON i ",' • AGENCY:CALIFORNIA WATER SERVICES ADDRESS: 1720 N. FIRST ST.,SAN JOSE,CA 95112 PHONE:408-367-8588 CONTACT: FRANCISCO LOBATO PROJECT: NORTHERN REGION TANKS YEAR COMPLETED:8/2015 AMOUNT:$1,338,445.00 PROJECT MANAGER: BRETT JOHNSTON i I I I i I i i I ADVANCED INDUSTRIAL SERVICES, INC. BIDDING FORMS CONTRACTOR SAFETY QUESTIONNAIRE i Company Name: 4) meinwA ►a ` ��ry i�a�, C . i . Primary Type of Work: �. ��, p '��n�Yo►C�Y Person Completing Form: _p g �O�Y\YK�1 i Title: MmtA Phone Number: S36R q'qO 930S- i Date: la.-I I I is i SAFETY PERFORMANCE 1. List your company's Interstate Experience Rating Modifier(ERM)' for the three most recent years. 2015- 20 Iq . s to 20 2. List your company's number of injuries/illnesses from your OSHA 300 logs for the three most recent years. 20A5 20_J 20 { a, Fatalities b. OSHA recordable incidents c, Lost work day incidents i d. Total lost work days e. Total hours worked 8,,Ss18.5 J-Jy_(0 cgs 8-7S LA I 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 4. Company Safety Contact: a. Name a p Ofa2 A b. Phone Slic') 8 bO S 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. i BF 20 of 39 BIDDING FORMS DESIGNATION OF SUBCONTRACTORS (continued) CONTRACTOR SAFETY QUESTIONNAIRE (continued) SAFETY PROGRAM 1. SAFETY PROGRAM DOCUMENTATION Circle One a. Do you have a written safety program manual? Yes No 1) Last revision date ap(is 19 b. Do you have a written safety field manual? Yes No I c. Are all workers given a booklet that contains work rules, responsibilities, and other appropriate information? Yes No 2. POLICY AND MANAGEMENT SUPPORT a. Do you have a safety policy statement from an officer of es o the company? i f b. Do you have a disciplinary process for enforcement es No of your safety program? i c. Does management set corporate safety goals? es No I d, Does executive management review: []-Accident reports? es No [Safety statistics? e No 0 Inspection reports? No e. Do you safety pre-qualify subcontractors? �No f. Do you have a written policy on accident reporting es No and investigation? g. Do you have a light-duty, return-to-work policy? es o h. Is safety part of your supervisor's performance evaluation? &o i. Do you have a personal protective equipment(PPE) policy? es No j. Do you have a written substance abuse program? es No I If yes,does it include(check all applicable boxes): re-employment testing [ eturn to duty testing [Random testing rKisciplinary process [seasonable cause testing g-A( ohol testing Vost accident testing �tional Institute on Drug Abuse E34-nel Screen k. Does each level of management have assigned safety Yes No duties and responsibilities? BF 21 of 39 II BIDDING FORMS DESIGNATION OF SUBCONTRACTORS (continued) 3. TRAINING AND ORIENTATION a. Do you conduct safety orientation training for each employee? �No b. Do you conduct site safety orientation for every CPO person new to the job site? c. Does your safety program require safety training meetings? es o for each supervisor(foreman and above)? How often? ❑ Weekly Monthly❑ Quarterly ❑Annually ❑Other d. Do you hold tool box/tailgate safety meetings focused on your specific work operations/exposures? kYe9 No How ofte ? [Weekly ❑ Daily ❑ Other j e, Do you require equipment operation/certification training? (DO 4. ADMINISTRATION AND PROCEDURES a. Does your written safety program address administrative procedures? Ye No If yes,check w ich apply: ` Pre project/task planning VEmergency procedures /Record keeping /Audits/inspections j _✓Safety committees _✓Accident investigations/reporting \YHAZCOM ,Training documentation _Substance abuse prevention ✓Hazardous work permits Return-to-work t'Subcontractor prequalification b. Do you have project safety committees? Yes No c. Do you conduct job site safety inspections? Yes No How often? ❑ Daily [Weekly ❑ Monthly ❑ Other Do these inspections includes a routine safety inspection of equipment(e.g., scaffold, ladders,fire extinguishers, etc.)? es d. Do you investigate accidents? Yes No How are ey reported? Total company ❑ By superintendent ❑ By project ❑ By project manager ❑ By foreman n accordance with OSHA I e. Do you discuss safety at all preconstruction and progress meetings? (Yes No i BF 22 of 39 BIDDING FORMS i DESIGNATION OF SUBCONTRACTORS (continued) f. Do you perform rigging and lifting checks prior to lifting? Yes l,.'N ❑ For personnel ❑ For equipment ❑ Heavy lifts(more than 10,000 lbs.) 5. WORK RULES a. Do you periodically update work rules? Ye No When was the last update? I i b. What�york practices are addressed by your work rules? [dJ CPR/first aid ❑Access—entrances/stairs Barricades,signs, [Z'Respiratory protection [a d signals Blasting [vJ Material handling/storage Communications [9,�emporary heat Compressed air and gases V hicle safety ❑ Concrete work Traffic control gConfined-space entry ER/&Ite vis'tor escorting Cranes/rigging and hoisting 2 ublic protection Electrical grounding 2,Equipment guards and grounding Environmental controls and F7 Monitoring equipment Occupational health Emergency procedures dFlammable material handling/storage ? 2,Fire protection and prevention [N'6te sanitation Floor and wall openings ❑Trenching and excavating [Fall protection V ockout/Tagout ❑� ousekeeping 0 Energized/pressurized equipment i # Ladders and scaffolds Mechanical equipment/ ,[/(Personal protective equipment maintenance/pre-op checks/ KTools, power and hand I operation [ Electrica power lines I Welding and cutting (hot work) [Other L r 6. OSHA INSPECTIONS a. Have you been inspected by OSHA in the last three years? Yes No I b. Were these inspections in response to complaints? Yes No c. Have you been cited as a result of these inspections? Yes No i If yes,describe the citations(add additional sheets if necessary): i i i I I BF 23 of 39 BIDDING FORMS DESIGNATION OF SUBCONTRACTORS (continued) DESIGNATION OF SUBCONTRACTORS NAME OF BIDDER: �jQnPJ�(� v1tr�q er��CRl�� G 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 I 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; i 3. Location(address)of Subcontractor's place of business; i 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 Please type or legibly print(attach additional sheets as necessary), i i i f �I i jBF 24 of 39 I a BIDDING FORMS DESIGNATION OF SUBCONTRACTORS (continued) Trade and Name of Subcontractor Type of Work Business Location License Dollar($) to be Number Value Performed i 0 i i i i i i I i i i I i I I BF 25 of 39 BIDDING FORMS The Contractor shall not: A. Substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except that the City may consent to the substitution of another person as Subcontractor in any of the following situations: 1. When the Subcontractor listed in the Bid, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract for the scope of Work specified in the Subcontractor's bid and at the price specified in the Subcontractor's bid, when that written contract, based upon the general terms, conditions, Drawings and Specifications for the Project or the terms of Contractor's written Bid,is presented to the Subcontractor by the Contractor; 2. When the listed Subcontractor becomes insolvent or the subject of an order for relief in bankruptcy; 3. When the listed Subcontractor fails or refuses to perform his/her subcontract; 4. When the listed Subcontractor fails or refuses to meet the bond requirements of the Contractor as set forth in Public Contract Code Section 4108; i 5. When the Contractor demonstrates to the City that the name of the Subcontractor was listed as the '! result of an inadvertent clerical error; '!! ' 6. When the listed Subcontractor is not licensed pursuant to the Contractors License Law; 7. When the City determines that the Work performed by the listed Subcontractor is substantially unsatisfactory and not in substantial accordance with the Drawings and Specifications, or that the Subcontractor is substantially delaying or disrupting the progress of the Work; 8. When the listed Subcontractor is ineligible to work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code;or 9. When the City determines that the listed Subcontractor is not a responsible contractor. B. Permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original Subcontractor listed in the original Bid,without the consent of the City. I '! ( C. Other than in the performance of "change orders" causing changes or deviations from the original Contract, sublet or subcontract any portion of the Work in excess of one-half of one percent of the Contractor's Base Bid Amount as to which his/her original Bid did not designate a Subcontractor. Prior to approval of the Contractor's request for a Subcontractor substitution,the City shall give notice in writing to the listed Subcontractor of the Contractor's request to substitute and of the reason for the request. The notice will be !! served by certified or registered mail to the last known address of the Subcontractor. The listed Subcontractor who has been so notified shall have five (5) Working Days within which to transmit to the City written objections to the substitution. Failure to file these written objections shall constitute the listed Subcontractor's consent to the substitution. If written objections are filed,the City shall give notice in writing of at least five (5) Working Days to the listed Subcontractor of a hearing by the City on the Contractor's request for substitution. The Contractor, as a condition to asserting a claim of inadvertent clerical error in the listing of a Subcontractor, shall within two (2) Working Days after the time of the Bid Deadline, give written notice to the City and copies of such notice to both the Subcontractor he/she claims to have listed in error and the intended Subcontractor who had bid to the Contractor prior to the Bid Deadline. '' I BF 26 of 39 BIDDING FORMS QUESTIONNAIRE REGARDING SUBCONTRACTORS Bidder shall answer the following questions and submit with his/her Contract proposal. 1. Were bid depository or registry services used in obtaining subcontractors bid 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? 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. j Yes ❑ No i 5. If the answer to No.4 is"Yes", please explain the following details: i (a) Date: i (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 minority or project area subcontractors? Yes❑ No ❑ 7. Was a conscious effort made to recruit and hire project area lower-income residents? Yes❑ No❑ Please submit statement. I 8. We declare under penalty of perjury that the foregoing is true and correct. i Dated this day of JatnuarL 20J El All of the above statements as to experience, financial qualifications, and available plant and equipment are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the bidder. Name of Company avaV%(J � s�nw Ser�nU-0T-" By: Title: QresAen�' i i i i BF 27 of 39 i i i BIDDING FORMS CONTRACTOR'S AFFIDAVIT OF NONCOLLUSION STATE OF CALIFORNIA ) COUNTY OFLOSt' q Vex t . J O`Rh s_1nvx Jy being first duly sworn,deposes and says: 1. That he/she is the Q es`A P 4 (Title of office if a corporation, "sole owner," "Partner," or other proper title) of (hereinafter called "Contractor") who has submitted to the City of Vernon a Bid for the construction of the REHABILITATION OF 10 MILLION GALLON RESERVOIR; 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; i 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 I 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 i 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 I u/ i BF 28 of 39 I i BIDDING FORMS 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 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated this owl day of 3artmovA at Para rno u n-� CVq- Month ear City State vunCD� ,d.�15 a� SeW"/%U-6,�TiC. Contractor (Please Print) Contractor's Sign-alere Title CONTRACTOR'S SIGNATURE MUST BE NOTARIZED i i i i I i I i i i I BF 29 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 ) I County of l eis pffiadk s ) On�nvu inri-I a7 Q d 9(.0 before me, O0 Ckyw\a �GO�� l(�j�ary �Pu L11�•C Date Here Insert Name and Title of the Officer personally appeared )C ��ns�on��Y Namefie of Signed I ' I who roved to me on the basis of satisfactory evidence to be the erson whose name is/arm, f P rY p (� (� i subscribed to the within instrument and acknowledged to me that he/4h@Al;oy executed the same in his/Ham4hei authorized capacity(",and that by his/hem*teir signatures)on the instrument the person(*, or the entity upon behalf of which the person ] 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. WITNESS my h and fficial seal. JOHANNA FELIX Commission#1976083 Notary Public California Z •� gnatu Los Angeles County ignature of Notary Public MV Comm.Expires Apr 23,2016 w i I Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or i fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Cn sAfQavJ f�l8n 4" Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): _ Cl Corporate Officer — Title(s): Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact C!Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator i C Other: Cl Other: Signer Is Representing: Signer Is Representing: i 02014 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 I i THE BIDDER'S INSURANCE COMPANY(S)OR INSURANCE AGENT MUST COMPLETE THIS FORM AND THE BIDDER MUST SUBMIT THIS CERTIFICATION WITH THE BID FORMS, I,the undersigned(Please check one box) : underwriter 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 for this project: I will be able—within fourteen (14) calendar days after the Contractor is notified of the Contract's award—to furnish the City with valid insurance forms(including one or more insurance certificates and additional insured endorsements) that fully meet all of the Insurance Requirements. Wood Gutmann& Bogart Ins. Brokers 1-27-2016 Name of Insurance Company Date Blane K. Peters Inswr nce, gent's Name(Print Insurance Agent's Name (signature)iJ ' ' `�- 15901 Red Hill#100 Tustin CA 92780 I Address City State Zip Code I 714-505-7000 714-573-1770 Blane@wgbib.com f Telephone Number FAX Number Email Address Advanced Industrial Services, Inc. Contractors Name City Specification Number I } Below State the Name of Insurance Company Providing Coverage; DO NOT write"Will Provide,""To Be Determined,""When Required,"or similar phrases. Starr Indemnity & Liability Co. Commercial General Liability Automobile Liability Workers`Compensation Liability j City Will Purchase Policy.if required (CNA Insurance) Starr Indemnity& Liability Co. Builders Risk Pollution Liability i l j (NOTE TO CONTRACTOR: See "Insurance Requirements" EXHIBIT 4 of the Contract for the requirement of obtaining Pollution Liability Insurance.] NOTE TO THE UNDERWRITER/AGENT: If the insurance forms that the Contractor submits to the City do not fully comply with the Insurance Requirements, and/or if the Contractor fails to submit the forms within the 14 day time limit, the City may: (1) declare the Contractor's Bid non-responsive, and (2) award the Contract to the next lowest responsible Bidder. BF 30 of 39 I I STANDARD FORM OF CONSTRUCTION CONTRACT BETWEEN CITY AND CONTRACTOR This Agreement is made and entered into at Vernon, California this—day of 20_, by and between the CITY OF VERNON, a chartered municipal corporation (hereinafter"City") and a [Insert State of Incorporation) corporation (hereinafter "Contractor"), for construction of REHABILITATION OF 10 MILLION GALLON RESERVOIR. 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 i following documents which are either attached hereto as exhibits or are incorporated into this Agreement by this i reference,with the same force and effect as if set forth at length herein: i A. Governmental Approvals including, but not limited to, permits required for the Work; i B. This Agreement; I { C. Exhibit 1 —Performance Bond; D, Exhibit 2—Payment Bond; E. Exhibit 3—Maintenance Bond i i F. Exhibit 4—Insurance Requirements ; G. Notice Inviting Bids; i H. Instructions to Bidders; I. Bid Forms; J. Designation of Subcontractors; and K. Bidding Addenda Nos. i 2. REFERENCE DOCUMENTS i BF 31 of 39 i 1 I i The following Reference Documents are not considered Contract Documents and were provided to the Contractor for informational purposes. Contractor may rely upon the technical data contained in such documents but not upon non- technical data, interpretations,opinions or provisional statements contained therein: i i A. Geotechnical Reports dated ; f B. Sewer Utility Plans i 3. SCOPE OF WORK Within the Contract Time and for the stated Contract Sum, subject to adjustments thereto, and pursuant to the i 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 i Approvals; temporary utilities; utility connections; and transportation necessary to complete the Work in strict i conformity with the Contract Documents for: REHABILITATION OF 10 MILLION GALLON RESERVOIR CS-0639 4. TIME FOR PERFORMANCE Contract Time. 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 I 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. f Liquidated Damages. If Contractor fails to achieve Substantial Completion of the entire Work within the i Contract Time for Substantial Completion, Contractor shall pay City as liquidated damages the amount of FIVE HUNDRED DOLLARS PER DAY ($500.00) per day for each calendar day occurring after the expiration of the i i I BF 32 of 39 I I I Contract Time for Substantial Completion until Contractor achieves Substantial Completion of the entire Work, as required by Article 3 of the General Conditions of Contract. Contractor Initial here: I 5. CONTRACT SUM In consideration of the Contractor's full,complete,timely,and faithful performance of the Work required by the Contract Documents, City shall pay Contractor the sum of dollars/no cents ($ ), 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 i above written, Executed at California. i [Contractor's Corporate Seal] [Contractor]: i By: " An Authorized Signatory i Printed Name: Title: Date: CITY OF VERNON: APPROVED AS TO FORM: By: By: Name: Name: Title: Title: Date: i ATTEST: By: Name: i Title: i CONTRACTOR'S SIGNATURE MUST BE NOTARIZED i BF 33 of 39 i i i LIVING WAGE COMPLIANCE CERTIFICATION This contract is subject to the City of Vernon's Living Wage Ordinance, Vernon Municipal Code Chapter 2, Article XVIII ("Ordinance"). The Ordinance requires that service contractors providing labor or services to the City by contract in excess of$25,000: ♦ Pay no less than ten dollars and thirty cents($10.30) per hour with medical benefits, or eleven dollars and fifty-five cents ($11.55) per hour without medical benefits to all employees, as defined in the Ordinance who, at any time, provide labor or delivery services to the City of Vernon. Additionally, on July 1st of each year thereafter the Living Wage rate shall be adjusted by the change in the Federal Bureau of Labor Statistics Consumer Price Index, for the Los Angeles area, for the most recently available 12 month period. Accordingly, current City contractors will be required to adjust wage rates no later than July 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 less than twelve dollars ($12)per hour of their possible right to the j federal Earned Income Tax Credit(EITC) under § 32 of the Internal Revenue Code of 1954, 26 U.S.C. § 32, and making available to such employees forms required to secure advance EITC payments. ♦ If there is a difference between the Vernon Living Wage rates and the California Prevailing wage rates for the same classification of labor,the Contractor and subcontractor shall not pay less than the highest wage rate for that classification. The selected contractor will be required to show compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract;job classification; rate ` of pay and benefit rate. 1, 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 I do hereby certify and declare under penalty of perjury that if awarded the contract for which this bid/proposal is made. vnhU " n"4nal Srvic,T-re Will comply with the (Name or Company) requirements of the Vernon Living Wage Ordinance, Vernon Municipal Code Chapter 2 Article XVIII and the rules and regulations promulgated thereunder. I understand that failure to comply with the provisions of the Vernon Living Wage Ordinance may result in termination of the contract as well as other penalties as stated in Vernon Municipal Code Chapter 2 Article XVIII. ,c O• J olnn Sir. Alesi 4eot Name (Title) (S' nature) (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. BF 34 of 39 OF V'r CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES Purchasing& Payables Division ;0.5 Santa Fe AvenueVernon, CA 90058 _- (323)583-8811 Fax(323)826-1433 Www.cityofvernon.org/departments/finanee S,V6 LY I Article 1. Affidavit of Equal Opportunity Employment& Nor-segregation(Form AA-1) Article II. Vendor List Questionnaire(Forms AA-2&3) i I 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. I Name of Company: �vant_2ra��a� a� Seruid�►Mt.Business Telephone S(aa 9uel$365� Address:1\2(al Wpa " Fax number: •SCaa g468341 C. (optional) City A-tdm Ao s, State_CA Zip gmap Contact Person ,�p�N�a, �,x E-mail Address ;C 6i na9Qji nserU1C"-edwt (optional) Tax ID Number(or Social Security Number) Remit Address(if different) Please state clearly and concisely the type(s)of goods and services your company provides: �ci d�spa 1 CA The following section is OPTIONAL and is for statistical reporting purposes only. Ownership(please it check all that apply): African-American Asian Armenian Hispanic Native American Disabled Female I BF 37 of 39 I t l 1 I 0 N. o C� ^mod � � � �' � �, ✓ � � �t 0 �� O C� N 1� un n d n plp- O r• rc A � N i o� p, � r 7 o O j }\l N 1 W t0 CY G) 0 cr � n A O N O 3 cr 1 �• o 4 } �' rC-c '� O r• C o � o �• PD a d et.. Ws A to O ✓, IA 5r o r p d ;�; N t� Ns a d r• f4 V' � o- � o n `C m 0 EXHIBIT D LIVING WAGE PROVISIONS i Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than$10.30 per hour with health benefits, or$11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave,vacation,or personal necessity,and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay,treble damages for willful violations,and attorney's fees,or to compel City officials to terminate the i service contract of violating employers. i i iI i i i I i i i I C i i 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. B. Contractor agrees that it shall,in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor,state that it is an"Equal Opportunity Employer"or that all qualified applicants will receive consideration for employment without regard to their race, religious creed,color,national origin, ancestry,handicap,sex or age. C. Contractor agrees that it shall,if requested to do so by the City,certify that it has not,in the performance of this Agreement,discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to,and, if requested to do so by City,through its awarding authority,provide copies of all of its records pertaining or relating to its employment practices,except to the extent such records or portions of such records are confidential or privileged under state or federal law. i 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 I i i i i I i I i i I i i i i HARPER & ASSOCIATES ENGINEERING, INC. CONSULTING ENGINEERS 1240 E. Ontario Ave., Ste. 102-312, Corona, CA 92881-8671 Phone (951) 372-9196 Fax (951) 372-9198 ce Y i i 1 i i MEMORANDUM I Date: February 16,2016 To: Scott Rigg City of Vernon From: Krista Harper Subject: 10 MG Reservoir Bid Results i As requested by the City, HAE has reviewed the bid results for the 10 MG Concrete Reservoir project. The results are as follows: i 1. Blastco $482,450 2. Mode Engineering $348,000 3. Advanced Industrial Services(AIS) $146,900 The Blastco bid schedule lists $337,500 for Bid Item No. 1, which is very excessive for the scope of work. Based on previous HAE projects, the Mode bid schedule is high for all four of the bid items. Therefore, HAE would recommend awarding the project to AIS for the following reasons: 1. AIS has done this type of work on previous projects with HAE. 2. The rates for Bid Items 2 and 3 are typical for this type of work.. 3. The cost for the initial cleaning and the wash down at the end of the project seems reasonable. If you have any questions regarding the above information, do not hesitate to contact me at (951) 372- 9196. Sincerely, Harper&Associates Engineering, Inc. i Krista Harper, P.E. { Vice President i i i 1 i d 4 Ile W Iz- J.3NNAM a e� c7 3nN2" 3nk3AV VOTW m { oio 3nN3AV 3IAOe o J,334 r'3 3,�3lIi5 OLDS �' p`f 3n Y TnIA3S LLJ Y+ NIYI o owe f + m 3nN3AV 3e ViNVS J 1 1 1 I —} Fn ikf� n &SDO 3 W014JAW h332L� V(13Y +