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20160920 Regular City Council Meeting - Packet California Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda items, including attachments, which are presented to the City Council in open session are available for public inspection. They may be inspected during regular business hours in the Office of the City Clerk at Vernon City Hall, 4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City's website at www.cityofvemon.org. Americans with Disabilities Act ("ADA"): In compliance with the ADA, if you need special assistance to participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Agenda City of Vernon Regular City Council Meeting �F�VEJ Tuesday, September 20, 2016, 9:00 a.m. City Hall, Council Chamber 4305 Santa Fe Avenue Vernon, California William J. Davis,Mayor sryZtr iron Yvette Woodruff-Perez,Mayor Pro-Tem Luz Martinez, Council Member Melissa Ybarra, Council Member Leticia Lopez, 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. Oath & Appointment of Keith Allen as Director of Health and Environmental Control, City of Vernon 2. California Highway Patrol, "CHP "10851" Grand Theft Auto Recovery Award" presented to Police Officer Carlos Ourigue Presented by: CHP Representative(s) and Vernon Police Department, Chief Daniel Calleros Regular City Council Meeting Agenda September 20, 2016 3. Service Pin Awards for August 2016 NAME DEPARTMENT TITLE YEARS Scott R. Metz Fire Fire Engineer 15 Troy M. Durbin Fire Fire Engineer 15 James E. Espalin Fire Firefighter 15 Jason D. Rosa Fire Fire Engineer 15 4. Proclamation Declaring September 23rd as Vin Scully Day 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 5. Claim for Damages from Arturo and Catalina Cerda-Roman received on September 12, 2016 in the amount of$10,000,000 Minutes—To be Received and Filed 6. Minutes of the Regular City Council Meeting held August 16, 2016 Warrant Registers 7. Ratification of the following City Warrant Registers to record the following voided checks: A. City Warrant Register No. 1454 to record voided Check No. 351968 in the amount of$5.00; and B. City Warrant Register No. 1455 to record voided Check No. 352188 in the amount of$1,169.00. 8. Approval of City Payroll Warrant Register No. 723, totaling $3,475,465.12, which covers the period of August 1 through August 31, 2016 and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,419,796.80; and B. Checks and electronic fund transfers (EFT) totaling $1,055,668.32. 9. Approval of City Warrant Register No. 1456, totaling $1,638,890.86, which covers the period of August 30 through September 12, 2016, and consists of the following: A. Ratification of wire transfers totaling $1,041,213.64; and Page 2 of 10 Regular City Council Meeting Agenda September 20, 2016 B. Ratification of the issuance of early checks totaling $418,095.05; and C. Authorization to issue pending checks totaling $179,582.17; and D. Voided check No. 352239 totaling $39,017.07. 10. Approval of Light & Power Warrant Register No. 421, totaling $1,299,039.55, which covers the period of August 30 through September 12, 2016, and consists of the following: A. Ratification of wire transfers totaling $1,087,495.36; and B. Ratification of the issuance of early checks totaling $194,376.43; and C. Authorization to issue pending checks totaling $17,167.76. 11. Approval of Gas Warrant Register No.209,totaling$28,594.69,which covers the period of August 30 through September 12, 2016, and consists of the following: A. Ratification of wire transfers totaling $26,250.00; and B. Ratification of the issuance of early checks totaling $2,344.69. Finance Department 12. Approval of a Services Agreement with Epic Land Solutions,Inc. for Infrastructure Valuation in accordance with GASB 34 and 51 Recommendation: A. Find that entering into a contract with an appraiser to provide infrastructure valuation services in accordance with GASB 34 and 51 is exempt under the California Environmental Quality Act (CEQA), because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378. Even if such were a project, it would be exempt from CEQA review in accordance with Section 15061(b)(3), the general rule is that CEQA only applies to activities that may have a significant effect on the environment; and B. Approve and authorize the City Administrator to enter into a one year professional services agreement with Epic Land Solutions, Inc. ("Epic"), for an amount not to exceed $175,000.00, to perform infrastructure valuation in accordance with GASB 34 and 51. Fire Department 13. Approval of the Second Amendment to Agreement Number C-125491 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon in Connection with the Fiscal Year 2014 Urban Areas Security Initiative Grant Program Page 3 of 10 Regular City Council Meeting Agenda September 20, 2016 Recommendation: A. Find that approval of the amendment proposed 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. Approve the Second Amendment to Agreement Number C-125491 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon in connection with the Fiscal Year 2014 Urban Areas Security Initiative("2014 UASI")grant program,in substantially the same form as submitted herewith, and authorize the Mayor to execute documents necessary to obtain additional grant funds. Due to a reallocation of 2014 UASI funds, the City of Los Angeles has approved and increased the City of Vernon's grant funds by an additional $235,684.00. 14. Approval of First Amendment to Agreement Number C-127390 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon in Connection with the Fiscal Year 2015 Urban Areas Security Initiative Grant Program Recommendation: A. Find that approval of the amendment proposed 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. Approve the First Amendment to Agreement Number C-127390 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon in connection with the Fiscal Year 2015 Urban Areas Security Initiative("2015 UASI") grant program and authorize the Mayor to execute all necessary documents. Due to a reallocation of 2015 UASI funds, the City of Los Angeles approved and decreased the City of Vernon's grant funds by$70,000.00. Gas and Electric Department 15. Base Contract with Freepoint Commodities LLC for Sale and Purchase of Natural Gas (the "NAESB Contract") Recommendation: A. Find that(a)the agreement between the City of Vernon and Freepoint Commodities LLC is not in reference to a "project" subject to the California Environmental Quality Act ("CEQA") under Guidelines section 15378 because it involves the administrative activity of purchasing gas; and(b) even if this approval were a "project" subject to CEQA, the approval requested is exempt in accordance with CEQA Guidelines Section 15301(b), the general rule that CEQA only applies to projects that may have an effect on the environment because purchasing gas is purely a financial transaction, and any construction that may occur by a private party in the future in reliance on this approval would be subject to CEQA review by another governmental agency at that time when actual details of any physical proposal would be more than speculative; and Page 4 of 10 Regular City Council Meeting Agenda September 20, 2016 B. Authorize the Director of Gas & Electric (as per Resolution No. 9280) to execute the North American Energy Standards Board ("NAESB") contract by and between the City of Vernon ("City") and Freepoint Commodities LLC ("Freepoint") for the purpose of buying and selling natural gas to or from Freepoint,in compliance with the general terms established in the agreement. Pursuant to Vernon Municipal Code § 2.17.12(A)(6), competitive bidding is not required because this is a contract for gas and/or electrical power for the city's power utility, and it would be commercially unreasonable to procure the gas or electricity through standard bidding or request for proposal procedures. Human Resources Department 46. Adoption of City of Vernon Revised Personnel Policies and Procedures, Salary Plan Administration II-3 Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA")review,because it is an administrative maintenance activity that will not result in direct physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Adopt the revised Personnel Policy and Procedure, Salary Plan Administration Policy II-3 and incorporate it into the Personnel Policies and Procedures Manual; and C. Authorize the City Administrator and the Director of Human Resources to execute and distribute the above-referenced policy to all employees. 47. Adoption of City of Vernon Revised Personnel Policies and Procedures, Performance Evaluation IV-1 Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA")review,because it is an administrative maintenance activity that will not result in direct physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Adopt the revised Personnel Policy and Procedure, Performance Evaluation Policy IV-1 and incorporate it into the Personnel Policies and Procedures Manual; and C. Authorize the City Administrator and the Director of Human Resources to execute and distribute the above-referenced policy to all employees. Page 5 of 10 Regular City Council Meeting Agenda September 20, 2016 Police Department 18. Activity Log and Statistical Summary of Arrests and Activities for the period of August 16, through August 31, 2016, to be received and filed 19. Office of Traffic Safety Grant Agreement Recommendation: A. Find that granting authority to execute and submit the above-referenced agreement and related documents is exempt from California Environmental Quality Act ("CEQA")review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a"project"as defined by CEQA Guidelines section 15378; and B. Authorize the City Administrator to execute an agreement between the City of Vernon and the Office of Traffic Safety, for participation in the Selective Traffic Enforcement Program (STEP) for the period of October 1, 2016 to September 30, 2017. Public Works, Water and Development Services Department 20. Building Department Report for the Month of August 2016 21. Acceptance of Electrical Easement at 4700 Alcoa Avenue (APN 6303-019-011) Recommendation: A. Find that the acceptance of the Electrical Easement proposed in this staff report is not a"project" as that term is defined under the California Environmental Quality Act(CEQA)Guidelines Section 15378, and even if it were a project, it would be categorically exempt in accordance with CEQA Guidelines Sections 15301 (maintenance, repair or minor alteration of an existing facility and involves negligible or no expansion of an existing use) and 15061(b)(3) (general rule that CEQA only applies to projects that may have a significant effect on the environment); and B. Accept the Electrical Easement and authorize the Mayor to execute the Certificate of Acceptance. 22. Acceptance of Work of Hoffman Management and Construction Corporation regarding Contract No. CS-0638—Fire Department Regional Training Center, Phase 1 Recommendation: A. Affirm that accepting the work of Hoffman Management and Construction Corporation for the Fire Department Regional Training Center, Phase 1, Contract No. CS-0638 is consistent with the Initial Study and Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (CEQA) in accordance with Section 15063, which requires the lead agency to conduct an initial study to determine if the project may have a significant effect on the environment; and Page 6 of 10 Regular City Council Meeting Agenda September 20, 2016 B. Accept the work of Hoffman Management and Construction Corporation as part of the Fire Department Regional Training Center, Phase 1, Contract No. CS-0638, and authorize staff to submit for recordation a Notice of Completion for the project. 23. Purchase of Four Ford F Series Utility Vehicles (Three 2016 Ford F-250 Models and One 2015 Ford F-150 Model) Recommendation: A. Find that the proposed action is exempt from California Environmental Quality Act ("CEQA") review, because purchasing supplies 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 even if such an action were a"project,"it would be exempt from CEQA review in accordance with CEQA Guidelines § 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Approve the purchase of four Ford F Series utility vehicles (three 2016 Ford F-250 models and one 2015 Ford F-150 model) for a cost of$148,467.30. 24. Contract Award for City Contract No. CS-0671: Fire Department Regional Training Center, Phase 2 Recommendation: A. Find that approval of the contract award for the Fire Department Regional Training Center Phase 2 is consistent with the Initial Study and Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (CEQA) in accordance with Section 15063,which requires the lead agency to conduct an initial study to determine if the project may have a significant effect on the environment; and B. Accept the bid proposal from FS Contractors, Inc. as the lowest responsive and responsible bidder and reject all other bids; and C. Approve and authorize the Mayor to execute a contract in the amount of$290,797.50 for the Fire Department Regional Training Center, Phase 2 (City Contract No. CS-0671); and D. Authorize a contingency of$39,000 in the event of an unexpected changed condition in the project and grant authority to the City Administrator to issue change orders for an amount up to the contingency amount. 25. Services Agreement with Jason Addison Smith (JAS Pacific) and Interwest Consulting Group for On-Call Building Plan Check and Inspection Services Page 7 of 10 Regular City Council Meeting Agenda September 20, 2016 Recommendation: A. Find that awarding of contracts for on-call plan check and inspection services to Jason Addison Smith (JAS Pacific) and Interwest Consulting Group are exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Enter into a three-year agreement with Jason Addison Smith (JAS Pacific) for an annual not-to- exceed amount of$65,000 per year, or grand total not-to-exceed amount of$195,000 for on-call plan check and inspection services; and C. Enter into a three-year contract with Interwest Consulting Group for an annual not-to-exceed amount of $65,000 per year, or grand total not-to-exceed amount of $195,000 for on-call plan check and inspection services. NEW BUSINESS City Administration Department 26. Approval of Special Event Agreement with the Huntington Park Area Chamber of Commerce for the 24th Annual "Sabor de Mexico Lindo Downtown Festival" Recommendation: A. Find that the approval of the proposed Special Event Agreement with the Huntington Park Area Chamber of Commerce 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. Approve a Special Event Agreement with the Huntington Park Area Chamber of Commerce to co- host the"Sabor de Mexico Lindo Downtown Festival"scheduled for October 1 —October 2,2016; and C. Authorize the City Administrator to sign the aforementioned Special Event Agreement with the Huntington Park Area Chamber of Commerce. City Clerk Department 27. A Resolution of the City Council of the City of Vernon Adopting a Master Conflict of Interest Code for the City of Vernon and All Agencies, Boards, and Commissions Affiliated with the City that Incorporates by Reference the Standard Model Conflict of Interest Code of the Fair Political Practices Commission and Repealing All Resolutions in Conflict Therewith Page 8 of 10 Regular City Council Meeting Agenda September 20, 2016 Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA")review,because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Approve resolution adopting the changes to the Master Conflict of Interest Code for the City of Vernon and all affiliated agencies, boards and commissions, which incorporates all recommendations from the various affiliated City of Vernon governing bodies and City staff review effective immediately; and C. Repeals all other existing Conflict of Interest Codes for the City of Vernon and all other City of Vernon affiliated governing bodies. ORAL REPORTS 28. City Administrator Reports — brief reports on activities and other brief announcements by the City Administrator and Department Heads. 29. City Council Reports —brief AB 1234 reports, or report on: activities, announcements, or directives to staff. CLOSED SESSION 30. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (2) Government Code Section 54956.9(a) A. Name of Case: City of Vernon vs. Citigroup Energy Inc., et al. United States District Court Southern District of New York Case No. CV 16-2405 B. Name of Case: Jerrick Torres and Lyndon Ong Yiu vs. City of Vernon, et al. Los Angeles Superior Court Case No. BC620265 31. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Title: Director of Human Resources Page 9 of 10 Regular City Council Meeting Agenda September 20, 2016 32. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(b)(1) Number of potential cases: 1 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 151h day of September 2016. By: Maria E. Ayala City Clerk Page 10 of 10 RECEIVED DECEIVED AUG 2 9 ZOifi AUG 2 2 2016 CITY CLERK'S OFFICE .,. CITY ADMINISTRATION STAFF REPORT 0�S--Z '4-(A VERNON POLICE DEPARTMENT DATE: September 20,2016 TO: Honorable Mayor and Council Members FROM: Daniel Calleros, Chief of Police fi'-C� RE: Award Presentation Recommendation The Vernon Police Department(VPD)in conjunction with a representative from the California Highway Patrol (CHP)will conduct a presentation for the recipients of the CH?"10851"Grand Theft Auto Recovery Award. Background The"10851"Grand Theft Auto Award is named after the California Vehicle Code section pertaining to motor vehicle theft. This award is sponsored in collaboration between by the CHP and AAA Insurance, and recognizes police officers throughout California who have been proactive in recovering stolen vehicles and apprehending criminals involved in auto theft. The 10851 pin is awarded to uniform officers who during a 12-month period achieve any of the following criteria: 1. Made six separate auto theft recoveries cleared by arrests. 2. Recover twelve(12)stolen vehicles, of which a minimum of three(3)must be cleared by arrests. Vernon Police Officer Carlos Ourique has achieved this benchmark. Officer Ourique is proactive in auto theft investigations as well as in conducting auto theft related arrests. Given the very specific requirements for such award, very few officers ever achieve this type of recognition. Fiscal Impact There is no fiscal impact. Attachment(s) None RECEIVED SEP 082016lip RECEIVED CITY CLERK'S OFFICE SEP 0 7 2016 STAFF REPORT I ITY ADMINISTRATION HUMAN( RESPIRES DEPARTMENT DATE: September 20, 2016 TO: Honorable Mayor and City Council FROM: Lisette Michel Grizzelle,Interim Human Resources Director Originator. Veronica Avendano, Administrative Secretary RE: Service Pin Awards for August 2016 Recommendation A. City Council to present service pins to those employees hired in August. 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. Attachment(s) 1. August 2016 Service Pin employee list. Page 1 of 1 2016 SERVICE PIN LIST AUGUST ANNIVERSARY EMPLOYEE'S NAME DEPARTMENT TITLE D.O.H YEARS Scott R. Metz Fire Fire Engineer 8/13/2001 15 Troy M.Durbin Fire Fire Engineer 8/13/2001 15 James E. Espalin Fire Firefighter 8/13/2001 15 Jason D. Rosa Fire Fire Engineer 8/13/2001 15 RINCEIVED KA km$Qf RE STAFF REPORT CITY ADMINISTRATION DATE: September 20, 2016 TO: Honorable Mayor and City Council FROM: Carlos R. Fandino Jr., City Administrator ()q— Originator: Lilia Hernandez, Executive Assistant to the City Administrator RE: A Proclamation Declaring September 23, 2016 as "Vin Scully Day" Recommendation A. Approve a proclamation declaring September 23, 2016 as "Vin Scully Day" to honor Vin Scully's contributions to baseball. Background Dodger Hall of Fame broadcaster Vin Scully joined the Brooklyn Dodgers' broadcast team in 1950. His tenure with the Dodgers organization of 66 consecutive years is the longest of any sports broadcaster with one team. 2016 marks Mr. Scully's 67`h and final season with the Los Angeles Dodgers. Throughout his career, Mr. Scully has received many recognitions for his dedication and contributions to baseball. Most notably, in 1932, Mr. Scully was inducted into the Broadcaster's wing of the National Baseball Hall of Fame as a recipient of the Ford C. Frick Award. In 2000, the American Sportscasters Association {ASA} elected Mr. Scully as the top sportscaster of the 20`h century in a vote by more than 500 national members of the organization. Ten years later, the ASA also put his name atop the list of the 50 greatest to ever sit behind a microphone. In 2001, the Los Angeles Dodgers named the press box at Dodger Stadium in Mr. Scully's honor. In 2008, Mr. Scully was inducted into the Sports Broadcasting Hall of Fame as well as the California Sports Hall of Fame. That same year, he received the Art Gilmore Career Achievement Award from Pacific Pioneers Broadcasting and also received an honorary Doctor of Law degree from Pepperdine University. Page l of In 2014, Mr. Scully was presented with the Commissioner's Historic Achievement Award, which was created in 1998 to recognize accomplishments and contributions of historical significance. The Dodger broadcaster is just the second non-player to receive this honor. Most recently, in April 2016, the Los Angeles City Council voted unanimously to change the street leading to Dodger Stadium's main entrance from Elysian Park Avenue to Vin Scully Avenue. In addition to his Dodger broadcasts, the legendary broadcaster has called play-by-play for National Football League games and Professional Golfers' Association Tour events, as well as play-by-play for Major League Baseball's Game of the Week, World Series Games and All-Star Games. In all, he has called 25 MLB World Series and 12 MLB All-Star Games. Commonly referred to as the "Voice of the Los Angeles Dodgers," Mr. Scully will retire from broadcasting when the Dodgers' regular season ends this October. It is most appropriate that we recognize the accomplishments of Vin Scully and honor his contributions to baseball by declaring September 23, 2016 as "Vin Scully Day" in the City of Vernon. The proclamation will be presented to Mr. Scully at Dodger Stadium on Friday, September 23, 2016. Fiscal Impact There is no cost associated with this item. Attachment(s) None. Page 2 of 2 r r r ' tit A PROCLAMATION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON DECLARING SEPTEMBER 23, 2016, AS WIN SCULL YDAY WHEREAS, Dodger Hall of Fame broadcaster Vin Sculy refurns in 2016 for his unprecedented 6716 and final season with the Los Angeles Dodgers organization;and WHEREAS, in the Dodgers broadcast booth since 1950, and commonly referred to as the 'Voice o f the Los Angeles Dodgers,"Vin Sculfy's 66yearr of consecutive service with the Dodger is the longest of any sports broadcaster with one team;and WHEREAS, Vin Scully has achieved a hst of accomplishments, awards, accolades, and rrcognition. He has been inducted into the Broadcasters'wing of the Baseball Hall of Fame, and into the Sports Broadcasting Hall of Fame, as well as California's Sports Hall of Fame. The American Sportscasters Association has placed him atop its list of 50 Greatest Broadcasters and, in 2000, named him the top sportscaster of the 20ch Century;and WHEREAS, the press box at Dodger Stadium was named in Vin Scully s honor and the street leading to Dodger Stadium's main entrance was renamed Vin Sculy Avenue;and WHEREAS, in addition to his Dodger broadcasts, the legendary broadcaster has called play-by play for National Football League games and Professional Go fers'Assoaation Tour events, as well as play-by play for Major Lague Baseball's Game of the Week, World Series Games and All-Star Games. In all, he has called 25 MLB World Series and 12 MLB All-Star Games;and WHEREAS, it is most appropriate that the Cite of Vernon recognize the accomplishments of Vin Sculy and honor his contributions to baseball by declaring September23, 2016, as "Vin Scully Day"in the City of Vernon;and WHEREAS, the Mayor and the City Council of the City of Vernon, on behalf of its employees, residents and businesses, wishes to commend and thank Vin Sully for his outstanding contributions to baseball and invite recognition of his contributions and acbievements. NOW, THEREFORE, THE MAYORAND THE CITY COUNCIL OF THE CITY OF I,"ERNON, ON BEHALF OF ITS EMPLOYEES, RESIDENTS AND BUSINESSES, HEREBY DECLARES SEYIEMBER 23, 2016,AS VIN SCULLY DAY. THIS PROCLAMATION IS BEING PRESENTED TO VIN SCULLY B Y THE HONORABLE MAYOR WILLIAM J. DA1/7S FOR AND ON BEHALF OF THE CITY COUNCIL OF THE CITY OF VERNON THIS 20'171 DAY OF SEPTEMBER, TWO THOUSAND AND SIXTEEN. CITY OF TrERNON B� William j Davis,Mayor CLAIM FOR DAMAGES RESERVE FOR FILING STAMP TO PERSON OR PROPERTY CLAIM No. . INSTRUCTIONS 1. Cl ai ms for death,,nj ury to person or to person a I property must be filed not later ■ ,k tt6.,C E I V E D khan six(6)months after the Qccurrence. (Gov Code Sec-9112) 2, Ctarmsf❑r damages to real property must tabled not later than one(1)year after the occurrence (Gov.Code Sec 911 2) SEP 1 2 2016 3. Read entire Uarrn before filing. 4. See page 2 for diagram uport which to Locate place of acc+dent CITY C�ER�LrJ�Fj� 5. This claim form must be signed on page 2 at bottom. li 11 CLERK'S rl 6. Attach separate sheets. if necessary.to give furl details- SIGN EACH SHEET 7. Ciawn must be filed with City Clerk (Gov Code Sec.915a) TO- CITY OF VERNON CITY COUNCIL Name of Clalman# 9e n alman I natural person] Arturo and Catalina Cerda-Roman 50 Home Address of Claimant City and St@70 Home Tele hone Number Business Address of Claimj -' City and State Business Telephone Number Give address to which you desire notices or communications to be sent regarding this claim, Girardi Keese, 1126 Wilshire Blvd., Los Angeles, CA 90017 How did DAMAGE or INJURY occur? Give full particulars. A white tractor trailer (traveling westbound on East 37th Street, a one-way street) crashed into Claimants' son's vehicle (traveling northbound on South Santa Fe Avenue, a two-way street), killing Claimants' son. When did DAMAGE or INJURY occur? Give full particulars, date, time of day, etc.: April 30, 2016 at 3:00 a.m. Where did DAMAGE orINJURYarr-ur? Descfibefully,and loca#eondiagrarnon reverse sideofthis sheet, where approximate, give street names and address and measurements from landmarks: Intersection of South Santa Fe Avenue and East 37th Street, Vernon, CA 90058 What particularACT or OMISSION do you claim causedthe injury ordamage? Give namesof City employees, if any, causing the Injury or damage, if known The condition of the roads in this part of Vernon are dangerous.East 37th Street abruptly turns into a one-way street between South Santa Fe Avenue and Seville Ave East 37th Street then turns back into a two-way street after crossing South Santa Fe Avenue from the west The intersection of East 37th Street and South Santa Fe Avenue is not perpendicular,as the left lane on East 37th Street must turn left,and the lanes are packed in tight,especially for a tractor-trailer. Finally,the buildings on either side of East 37th Street greatly obstruct the view of drivers as to the traffic as they approach South Santa Fe Avenue What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed: Claimants' son was killed when a white tractor trailer(traveling westbound on East 37th Street, a one-way street) crashed into Claimants' son's vehicle (traveling northbound on South Santa Fe Avenue, a two-way street). WhatAMOUNTdo you claim of each item of injury ordamage as of date of presentation of thisclaim, giving basisof computation: $10,000,000 Give F STt M A TE D A h,40 U N T as faras known you d aim onaccounl of each item of prospective injury ordamage.giving basisof computation $500,000 - loss of support of son Were you insured at the time of the incident?If so,provide name of insurance company, policy numbers and amount of insurance payments received: State Farm Expenditures made on account of accident or Injury: (Date-Item) (Amount) Funeral expenses $25,000 Name and address of Witnesses, Doctors and Hospitals: ' Francisco Acuna Alvarado - 103 Tobias Avenue, Van Nuys, CA 91402 READ CAREFULLY For all accident claims place on following diagram names of streets, including North,East.South, and West: indicate place of accident by'X' and by showing house numbers or distances to street comers If City Vehicle was Involved,designate by letter"A"location of City vehicle when you first saw it,and by"B"location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by"A-1"and location of yourself or your vehicle at the time of accident by"8 1"and the point of Impact by"X" NOTE:If diagrams do not fit the situation, attach hereto a proper diagram signed by claimant. FOR AUTOMOBILE ACCIDENTS FOR OTHER ACCIDENTS I 1 �ED�wA�1t CUf1B CURB) PARKWAY IDEAL 7 rF J declare, under penalty of perjury, that the foregoing, including any attachments, is true and correct. ypeCklPr�n;e,1 Name Signature of Claimant or person filing on his1her behalf,giving Date James G. O'Callahan relationshi to Claimant: 9191 016 .NOTE ALL CLAWANTSMAYSEREQUE5TEDTOBEExAMINEOAS-'. LAIM15AFE4ONY(CAL PEN CODE SEC 72) CLAIMS MUST BE FILED WITH CITY CLERK(GOV CODE SEC 915e) STATE LAW PROVIDES THAT IF YOU ARE NOT NOTIFIED OF ANY ACTION BY THE CITY OF THIS CLAIM WITHIN 45 DAYS OF FILING THEN THE CLAIM IS DEEMED DENIED(SEE GOV CODE SEC 911 6&912 4) Rw Vvid MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, AUGUST 16, 2016, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, Woodruff-Perez, Martinez, Ybarra, and Lopez MEMBERS ABSENT: None The meeting was called to order at 9:00 a.m. by Mayor Davis; Mayor Pro-Tem Woodruff-Perez led the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced the agenda addendum that had been issued; and that Item No. 28 would be taken at the end of the Presentations section of the Agenda. PUBLIC COMMENT Mayor Davis announced that this was the time allotted for public comment, and inquired whether anyone in the audience wished to address the City Council. The public will also be given an opportunity to comment on matters on the posted agenda during Council deliberation. Sandra Rivera Orozco, Southeast Political Activist, announced that she was elected Democratic Woman of the Year for Assembly District 63. Ms. Orozco congratulated the Vernon Police Department and Police Chief Daniel Calleros on outstanding service and professionalism. PUBLIC HEARING 1. Public Hearing on the Adoption of Amended Water Rate Schedule Resolution No. 2016-48 - A Resolution of the City Council of the City of Vernon Adopting a Revised Schedule of Water Rates Recommendation: A. Conduct a Public Hearing and receive testimony regarding the adoption of the proposed Water Rate Schedule; and B. Find that the proposed action is statutorily exempt from the California Environmental Quality Act ("CEQA") review, in accordance with CEQA Guidelines 15273, because CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, and other charges by public entities done for the purpose of meeting operating expenses, including employee wage rates and fringe benefits,purchasing or leasing supplies, Regular City Council Meeting Minutes August 16, 2016 equipment, or materials and obtaining funds for capital projects, necessary to maintain service within existing service areas; and C. Approve and authorize a Resolution of the City Council of the City of Vernon Adopting a Revised Schedule of Water Rates. Director of Public Works, Water and Development Services Derek Wieske reported on the proposed. Director Wieske noted that there was one letter of concern received. Councilmember Ybarra inquired about the content of the letter received. Director Wieske explained that the letter was from Farmer John,inquiring whether or not rates would decrease after the capital improvements plan was completed. Director Wieske further explained that he did not anticipate a rate reduction after the project was completed, suggesting an updated rate study be done in the future. Mayor Davis opened the public hearing at 9:12 a.m. No public testimony provided. Mayor Davis closed the public hearing at 9:12 a.m. It was moved by Martinez and seconded by Ybarra to approve Resolution No. 2016-48. Motion carried, 5-0. ORDINANCE 2. Ordinance No. 1236 - An Ordinance of the City Council of the City of Vernon Amending Section 17.16 to Chapter 17 of the Vernon Municipal Code to Modify and Clarify Rules and Regulations for Camping within the City of Vernon and Repealing all Ordinances or Parts Thereof in Conflict Therewith (second reading) Recommendation: A. Find that this Ordinance is exempt from California Environmental Quality Act ("CEQA") review, because the action proposed is administrative and related to general policy 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 ordinance amendment to Section 17.16 of Chapter 17 of the Vernon Municipal Code to 1) modify and clarify the language in the Camping Ordinance, and 2) encompass, among other situations, camping in recreational vehicles. Police Chief Daniel Calleros reported on the proposed. It was moved by Woodruff-Perez and seconded by Ybarra to approve Ordinance No. 1236. Motion carried, 5-0. Page 2 of 12 Regular City Council Meeting Minutes August 16, 2016 PRESENTATIONS 3. Eco-Rapid Transit Project Update Presented by: Mike Kodama, Executive Director, Eco-Rapid Transit Director Wieske gave a brief introduction of Mike Kodama, Executive Director, Eco-Rapid Transit. Mr. Kodama provided a PowerPoint Presentation. 4. Service Pin Awards for July 2016 Presented by: Lisette Grizzelle, Senior Human Resources Analyst AME DEPARTMENT TITLE YEARS Ernesto A. Smith JCity Administration/IT Division Information Technology Manager 10 Senior Human Resources Analyst Lisette Grizzelle presented the service pin to Ernesto Smith, who was in attendance. 28. Public Safety Director Presented by: Lisette Michel Grizzelle, Senior Human Resources Director Woodruff-Perez explained that this presentation was intended to be exploratory and nothing had been decided. Senior Human Resources Analyst Lisette Grizzelle provided the oral report. Councilmember Ybarra and Mayor Pro-Tem Woodruff-Perez had various questions and concerns about the Public Safety Director position and the current structure of the Fire and Police Departments. Analyst Grizzelle, Police Chief Calleros, and Fire Chief Michael Wilson addressed all questions and concerns Page 3 of 12 Regular City Council Meeting Minutes August 16, 2016 Mayor Pro-Tem Woodruff-Perez made the condition that if management issues are addressed in the Fire Department, she would discontinue the potential idea of a Public Safety Director and proceed with the recruitment of a Fire Chief. City Administrator Carlos Fandino acknowledged his responsibilities with management and City operations. He requested formal guidance on the recruitment. Council reached a consensus to direct the City Administrator to begin recruitment for a Fire Chief. John Van de Kamp, Independent Council, wanted to know if the information presented could be distributed; and commended the Council on looking into possible restructuring and different avenues. CONSENT CALENDAR It was moved by Ybarra and seconded by Martinez to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 5-0. Claims Against the City—Received and Filed 5. Claim for Damages from Jose Alfredo Urbina received on August 1, 2016 in the amount of$200 Minutes—To be Received and Filed 6. Minutes of the Regular City Council Meeting held August 2, 2016 Warrant Registers 7. Approval of City Payroll Warrant Register No. 722, totaling $3,167,197.10, which covers the period of July 1 through July 31, 2016 and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,237,445.03; and B. Checks and electronic fund transfers (EFT) totaling $929,752.07. 8. Approval of City Warrant Register No. 1454, totaling $1,760,724.37, which covers the period of July 26 through August 8, 2016, and consists of the following: A. Ratification of wire transfers totaling $1,130,305.91; and B. Ratification of the issuance of early checks totaling $477,470.07; and C. Authorization to issue pending checks totaling $152,948.39. Page 4 of 12 Regular City Council Meeting Minutes August 16, 2016 9. Approval of Light&Power Warrant Register No.419,totaling$1,514,090.85,which covers the period of July 26 through August 8, 2016, and consists of the following: A. Ratification of wire transfers totaling $1,383,297.98; and B. Ratification of the issuance of early checks totaling $69,614.60; and C. Authorization to issue pending checks totaling $61,178.27. 10. Approval of Gas Warrant Register No. 207, totaling $170,772.93, which covers the period of July 26 through August 8, 2016, and consists of the following: A. Ratification of wire transfers totaling $149,905.00; and B. Ratification of the issuance of early checks totaling $20,867.93. Fire Department 11. Activity Report for the period of June 16 through June 30, 2016 12. Activity Report for the period of July 1 through July 15, 2016 13. Activity Report for the period of July 16 through July 31, 2016 Gas and Electric Department 14. Contract for Electric Service (No. 16-DSR-12650) and Amended and Restated Implementation Agreement (No. 95-PAO-10616) among the City of Vernon, the Bureau of Reclamation, and Western Area Power Administration Recommendation: A. Find that(a)the Contract for Electric Service (No. 16-DSR-12650) and Amended and Restated Implementation Agreement (No. 95-PAO-10616) among the City of Vernon,the Bureau of Reclamation,and Western Area Power Administration is not in reference to a "project" subject to the California Environmental Quality Act (CEQA) under Guidelines section 15378 because it involves the administrative activity of extending an existing contract for purchase of electricity; and(b) even if this approval were a"project" subject to CEQA, the approval requested is exempt in accordance with CEQA Guidelines Section 15301(b), the general rule that CEQA only applies to projects that may have an effect on the environment because the purchase of electricity is purely a financial transaction, and any construction that may occur by a private party in the future in reliance on this approval would be subject to CEQA review by another governmental agency at that time when actual details of any physical proposal would be more than speculative; and Page 5 of 12 Regular City Council Meeting Minutes August 16, 2016 B. Approve the Contract for Electric Service (No. 16-DSR-12650) and Amended and Restated Implementation Agreement (No. 95-PAO-10616) among the City of Vernon, the Bureau of Reclamation, and Western Area Power Administration, for the purpose of purchasing federally generated hydropower from the Hoover Power Plant from October 1, 2017 through September 30, 2067; and C. Authorize the City Administrator to execute the Contract for Electric Service (No. 16-DSR-12650) and Amended and Restated Implementation Agreement (No. 95- PAO-10616). Police Department 15. Activity Log and Statistical Summary of Arrests and Activities for the Period of July 16,through July 31, 2016,to be Received and Filed 16. Federal Equitable Share Agreement and Annual Certification Report Recommendation A. Find that granting authority to execute and submit the above-referenced agreement and related documents is exempt from California Environmental Quality Act ("CEQA") review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a"project" as defined by CEQA Guidelines section 15378; and B. Authorize the Police Chief and City Administrator to execute the Federal Equitable Share Agreement and Annual Certification Report on behalf of the City of Vernon. Public Works,Water and Development Services Department 47. Building Department Report for the Month of July 2016 NEW BUSINESS City Administration Department 18. Resolution No. 2016-49 - A Resolution of the City Council of the City of Vernon Appointing Lisette Grizzelle to Serve as the Interim Director of Human Resources of the City of Vernon Recommendation: A. Find that appointment of Lisette Grizzelle as the Interim Director of Human Resources 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 Page 6 of 12 Regular City Council Meeting Minutes August 16, 2016 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 Lisette Grizzelle to serve as the Interim Director of Human Resources effective August 18, 2016. City Administrator Fandino reported on the proposed. Councilmember Ybarra inquired if this was a new recruitment or would potential candidates be taken from the finalist pool from the last recruitment. City Administrator Fandino explained that the Hawkins Group assisted with the original recruitment and he was working with them. Ybarra inquired if outside recruitment of an Interim Director was feasible. City Administrator Fandino responded that the hiring of a Director would be expedited if the Interim position was appointed internally. It was moved by Ybarra and seconded by Lopez to approve Resolution No. 2016-49. Motion carried, 5-0. 19. 24th Annual "Sabor de Mexico Lindo Downtown Festival" Recommendation: A. Find that the approval of the City of Vernon's partnership with the Greater Huntington Park Area Chamber of Commerce to co-host the "Sabor de Mexico Lindo Downtown Festival" 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. Approve the City of Vernon's partnership with the Greater Huntington Park Area Chamber of Commerce to co-host the "Sabor de Mexico Lindo Downtown Festival" located in Vernon on Pacific Blvd., between Leonis Blvd. and Santa Fe Ave. The festival is scheduled for September 30—October 2, 2016. City Administrator Fandino introduced Leticia Martinez, Executive Director/CEO, Huntington Park Chamber of Commerce. Ms. Martinez provided a brief overview of the "Sabor de Mexico Lindo Downtown Festival". Page 7of12 Regular City Council Meeting Minutes August 16, 2016 Councilmember Ybarra, Councilmember Lopez and Mayor Davis had questions and concerns regarding security, parking, street closures, and the venue decision. Police Chief Calleros, City Administrator Fandino, Ms. Martinez, and Director Wieske responded to all of the questions and concerns brought up by Council. Public Comment Fred MacFarlane, Senior Advisor to the City Administrator, stated that it was refreshing that the City Council would consider this event and the various media coverage would be great for the City. Ms. Orozco stated that this was a positive event for the community and she was excited for the City of Vernon participating in this event. It was moved by Woodruff-Perez and seconded by Ybarra to approve the City of Vernon's partnership with the Greater Huntington Park Area Chamber of Commerce to co-host the "Sabor de Mexico Lindo Downtown Festival". Motion carried, 5-0. Finance Department 20. Authorization to Enter into a Contract with PFM Financial Advisors LLC (PFM) for Financial Advisory Services for Fiscal Years 2017 through 2019 Recommendation: A. Find that entering into a contract with PFM Financial Advisors LLC (PFM), a registered advisor to provide financial advisory services is exempt under the California Environmental Quality Act (CEQA). The scope of the work to be performed 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. In addition, even if was determined to be a project, it would be exempt from CEQA review in accordance with Section 15061(b)(3), the general rule is that CEQA only applies to activities that may have a significant effect on the environment; and B. Authorize the City Administrator to execute a three year professional services agreement for fiscal years 2017 through 2019, with PMF Financial Advisors LLC, to perform financial advisory services. Find that the agreement is exempt from competitive selection based on the determination that it is in the best interest of the City to approve a direct award of the contract pursuant to City Code Article IV Section 2.17.12(B)(2) based upon PFM's firm expertise and technical merit. (The proposed contract is exempt from competitive bidding pursuant to City Code Article IV Section 2.17.12(A) (10), referring to contract for professional services.) Director of Finance William Fox reported on the proposed. Page 8of12 Regular City Council Meeting Minutes August 16, 2016 Ybarra wanted to know why the dollar amount for the agreement was chosen. Director Fox explained that the money allocated is used as a buffer and if the money is not spent it goes back to the City. It was moved by Ybarra and seconded by Martinez to authorize the City Administrator to execute a three year professional services agreement for fiscal years 2017 through 2019. Motion carried, 5-0. Fire Department 21. Approval of Services Agreement with Kalmikov Enterprises, Inc. DBA Fire Apparatus Solutions for Fire Apparatus Mechanic Services Recommendation: A. Find that approval of the proposed services agreement for Fire Apparatus Mechanic Services exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Accept the proposal of Kalmikov Enterprises,Inc. dba Fire Apparatus Solutions, as the lowest responsive and responsible bidder and enter into a three-year service contract, effective July 1, 2016, for an amount not to exceed $405,000.00, for Fire Apparatus Mechanic Services; and C. Reject all other proposals. Fire Chief Wilson reported on the proposed. It was moved by Ybarra and seconded by Martinez to accept the proposal of Kalmikov Enterprises, Inc. dba Fire Apparatus Solutions and reject all other proposals. Motion carried, 5-0. Health and Environmental Control Department 22. Approve and Authorize Amendment No. 2 to the Services Agreement for Solid Waste Consulting Services with MSW Consultants, Inc. for a Ninety (90) Day Extension Recommendation: A. Find that approval of the proposed ninety (90) day extension of the Solid Waste Consulting Services Agreement with MSW Consultants, Inc. is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and Page 9 of 12 Regular City Council Meeting Minutes August 16, 2016 B. Find that, pursuant to Council's authority under Vernon Municipal Code § 2.17.12(B)(2) and for reasons set forth in this staff report, "the best interests of the City are served by a direct award(extension) of the contract without a competitive selection process"; and C. Approve and authorize the execution of Amendment No. 2 for a ninety (90) day extension of the Solid Waste Consulting Services with MSW Consultants, Inc. and the City of Vernon Health and Environmental Control Department with cumulative costs that will not exceed the current contract's maximum yearly total of$260,000, and commencing November 1, 2016 and not to exceed ninety(90) days. Interim Director of Health and Environmental Control Lewis Pozzebon reported on the proposed. Ybarra asked if an RFP had been started. Interim Director Pozzebon stated that it has been drafted but not posted, should be done before the new Director is hired. It was moved by Woodruff-Perez and seconded by Ybarra to approve the approve and authorize the execution of Amendment No. 2 for a ninety(90) day extension of the Solid Waste Consulting Services with MSW Consultants, Inc. Motion carried, 5-0. Public Works,Water and Development Services Department 23. Approval of a Funding Agreement for the Atlantic Boulevard Bridge Rehabilitation and Widening Project between the City of Vernon and the Los Angeles County Metropolitan Transportation Authority Recommendation: A. Find that the approval of the proposed Funding Agreement is consistent with the Initial Study/Mitigated Negative Declaration prepared for this project by the City of Vernon pursuant to the provisions under the California Environmental Quality Act(CEQA) in accordance with Section 15063; and B. Approve the Measure R Funding Agreement between the City of Vernon and the Los Angeles County Metropolitan Transportation Authority, for the Atlantic Boulevard Bridge Rehabilitation and Widening Project, Federal Project No. DBPL02-5139(010); and C. Authorize the Mayor to execute the funding agreement. Director Wieske reported on the proposed. Public Comment Page 10 of 12 Regular City Council Meeting Minutes August 16, 2016 Mr. Van de Kamp wanted to know the additional financial commitment for the City. Director Wieske stated that the local match would be$879,000. Director Wieske stated only design funding has been allocated and not construction funding. It was moved by Ybarra and seconded by Martinez to approve the Measure R Funding Agreement and authorize the Mayor to execute the funding agreement. Motion carried, 5-0. ORAL REPORTS 24. City Administrator Reports—brief reports on activities and other brief announcements by the City Administrator and Department Heads. Police Chief Daniel Calleros reported on the following: Police chase in the City of Maywood, suspect taken into custody; August 13th trespassing in vacant building on 2600 block of 261h street; 4500 block of District Boulevard carjacking; and a checkpoint this Friday, August 19th. Police Captain Michael Gillman reported vandalism on the 2700 block of Santa Fe Boulevard. Fire Chief Mike Wilson gave a brief update on the 2 new fire engines. Director of Public Works, Water and Development Services Derek Wieske reported on the following: street crews cleaning curbs and weeded; development project on Alameda; tour of the Amazon facility; additional CR Laurence building in the City; planned resolution of opposition for Measure M. Director of Gas and Electric Kelly Nguyen gave a brief overview of the the contract approved in the consent calendar. Interim Director of Human Resources Lisette Grizzelle welcomed Director Nguyen to the City. City Administrator Fandino welcomed Director Nguyen to the City of Vernon family and Gas and Electric family, and briefly mentioned the Sabor de Mexico event and Health Director interviews. 25. City Council Reports—brief report on activities, announcements, or directives to staff. No reports provided. Mayor Davis recessed the meeting at 10:56 a.m. and reconvened at 11:04 a.m. CLOSED SESSION At 11:04 a.m., the City Council entered into closed session to discuss the following agendized items: 26. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (2) Government Code Section 54956.9(a) Page 11 of 12 Regular City Council Meeting Minutes August 16, 2016 A. Name of Case: City of Vernon vs. Citigroup Energy Inc., et al. United States District Court Southern District of New York Case No. CV 16-2405 B. Name of Case: Jerrick Torres and Lyndon Ong Yiu vs. City of Vernon, et al. Los Angeles Superior Court Case No. BC620265 27. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Title: Director of Health and Environmental Control At 11:26 a.m. the City Council recessed for lunch. At 12:30 p.m. closed session was reconvened. At 1:53 p.m. the City Council exited closed session. City Attorney Hema Patel announced that there was no reportable action from closed session. With no further business, at 1:53 p.m., Mayor Davis adjourned the meeting. William J. Davis Mayor ATTEST: Maria E. Ayala City Clerk Page 12 of 12 RECEIVED RECEIVED SEP 13 2016 � SEP 13 2016 CITY CLERK'S OFFICE STAFF REPORT i,ITY ADMINISTRATION FINANCE/TREASURY DEPARTMENT DATE: September 12, 2016 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director RE: Ratification of the City Warrant Registers for City Council Agenda of September 20, 2016 It is recommended that the ratification of the following warrant registers to record the following voided checks be considered at the City Council meeting of September 20, 2016. 1. City Warrant Register No. 1454 to record voided Check No. 351968 in the amount of $5.00 issued 08/02/16 to Zamora, Nancy R. 2. City Warrant Register No. 1455 to record voided Check No. 352188 in the amount of$1,169.00 issued 09/06/16 to Rodriguez, Ruben. CITY OF VERNON ACCOUNTS PAYABLE CHECK — 351968 INVOL E Is uVUER ,DATE P 4 NUMELER DESCRIPTION UI,"i;:our" AMOUNT 072816 07/28/2016 REF/OVERPAYMENT CITATION#P81142V 0.00 500 M 5.00 l57 5E❑E ACH BEFDRE DEP[}5mpsC - P-ApLE 7HRGLrG City of Vernon EAST WEST BANK 20PO HUNTINGTON DR 2ND FLOOR +e pax . a305 Santa Fe Ave SAN MARINO CA%110L Vernon,CA 90058 (323)583-8811 Nui�a GATE CHECI{AMOUMT ^ar 005890 08102}2016 351968 5.00 PAY Five Dollars and No Cents TO THE ZAMORA, NANOY R ORDER 10600 STATE ST #A OF SOUTH GATE, CA 90280 c 11503519Cfium 1: 3 2 20 70 38 0: 80362783V CITY OF VERNON ACCOUNTS PAYABLE CHECK NO. 352188 WCOCCEMMYIF DATE PO NUMBER L A } Cf3 NT MOMNT 072416 07/24/2016 EDUCATION ASSISTANCE PROGRAM 000 1.16900 � 1 �Q V UyVeo 09 J !+ ��I S�,v2� - t W v� VeS.cka1r VOIDED ON E-DEN b°1 /0T/ i6 J 1.16900 RLtAR DETAC h 6Ei CAE v=0.C�SLTING City of Vemon EAV A"T SAM 2M MJN790TON OR 1P0FLOOR fr' * _ 4305 Santa fe Ave u9+,o@r .Wtpr Vernon.CA"S8 (323)583-8811 � q DATE Mrs ECICAh1OUNT { 004112 09*612016 352188 1,169.00 PAY One Thousand One Hundred Sixty Nine Dollars and No Cents To THE RODRIGUEZ. RUBEN ORDER 232 ANACAPA ISLAND OF CAMARILLO, CA 93012 u'0 3 5 2 1680 1: 3 2 20 70 38 111: 60 3 6 2 48 De F N R FLIED + * RECEIVED SEP 13 2016 '�°rF*�` SEP 13 2016 CITY CLERKS OFFICE STAFF REPORT CITY ADMINISTRATION FINANCE/TREASURY FINANCE/TREASURY DEPARTMENT DATE: September 12, 2016 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director RE: City Payroll Warrant Register for City Council Agenda of September 20, 2016 It is recommended that the attached Payroll Warrant Register No. 723 be approved at the City Council meeting of September 20, 2016. Payroll Warrant Register No. 723 totals $3,475,465.12, and covers claims and demands presented for August 1, 2016 to August 31, 2016, drawn from East West Bank, Payroll Account. The following list details the components of Payroll Warrant Register No. 723: 1. Ratification of direct deposits, checks and taxes totaling $2,419,796.80; and 2. Checks and electronic fund transfers (EFT) paid through General bank account totaling 1,055,668.32 Raquel Franco 1 911212016 5:17 PM PAYROLL WARRANT REGISTER City of Vernon No. 723 Month of August 2016 1 hereby Certify: that claims or demands covered by the This is to certify that the claims or demands above listed warrants have been audited as to accuracy covered by the above listed warrants have been and availability of funds for payments thereof; and that audited by the City Council of the City of Vernon said claims or demands are accurate and that funds are and that all of said warrants are approved for pay- available for payments thereof. ments William Fox DATE Director of Finance _ DATE Date: Page 1 of 1 Payroll Warrant Register Memo Warrant Pavrolls resorted for the month of August: 07/10/16 -07/23/16, Paydate 08/04/16 07/10/16 -07/23116, Paydate 08/04/16 08/04/16 -08/04/16, Paydate 08/04/16 07/24/16 -07/24/16, Paydate 08/18/16 07/24/16 -08106/16, Paydate 08/18/16 07/24/16 -08/06/16, Paydate 08/18/16 Payment Method Date Payment Description Amount Checks 08/04/16 Net payroll, checks $ 20,051.06 ACH 08/04/16 Net payroll, direct deposits 837,895.78 ACH 08/04/16 Payroll taxes 268,018.93 Checks 08/04/16 Net payroll, checks 1,350.76 ACH 08/04/16 Net payroll, direct deposits 65,993.85 ACH 08/04/16 Payroll taxes 17,023.05 ACH 08/04/16 Payroll taxes 38.91 Checks 08/18/16 Net payroll, checks 23,790.50 ACH 08/18/16 Net payroll, direct deposits 853,325.60 ACH 08/18/16 Payroll taxes 280,555.02 Checks 08/18/16 Net payroll, checks 164.59 ACH 08/18/16 Net payroll, direct deposits 5.484.13 ACH 08/18/16 Payroll taxes 182.91 ACH 08/18/16 Net payroll, direct deposits 30,305.16 Checks 08/18/16 Payroll taxes 15,616.55 Total net payroll and payroll taxes 2,419,796.80 ACH 08/04/16 ICMA 37,265.94 ACH 08/04/16 CalPERS 448,206.66 ACH 08/04/16 California State Disbursement Unit 3,169.51 08/04/16 Sandra Bingman 2,000.00 351973 08/04/16 Franchise Tax Board 1,076.29 351975 08/04/16 IBEW Dues 3,341.89 351982 08/04/16 Vernon Firemen's Association 3,415.00 351983 08/04/16 Vernon Police Officers' Benefit Association 1,837.75 ACH 08/04/16 CalPERS 44,801.29 ACH 07/21/16 iCMA 37,616.81 ACH 07/21/16 CalPERS 457,045.48 ACH 07/21/16 California State Disbursement Unit 2,840.44 352077 07/21/16 Sandra Bingman 2,000.00 352080 07/21/16 Franchise Tax Board 1,076.29 352087 07/21/16 Teamsters Local 911 2,235.00 352089 07/21/16 Vernon Firemen's Association 3,415.00 352090 07/21/16 Vernon Police Officers' Benefit Association 1,837.75 ACH 07/21/16 CalPERS 2,487.22 Payroll related disbursements, paid through General bank account 1,055,668.32 Total net payroll,taxes, and related disbursements 5 3,475,465.12 Pape 1 of 1 i RECEIVED RECEIVED sEP 13 zoos SEI' 13 2016 f CITY AU�YIIAIISTRATION CITY CLERK'S OFFICE STAFF RE P4 RT FINANCEITREASURY DEPARTMENT DATE: September 12, 2016 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director RE: City Warrant Register for City Council Agenda of September 20, 2016 It is recommended that the attached City Warrant Register No. 1456 be approved at the City Council meeting of September 20, 2016. City Warrant Register No. 1456 totals $1,638,890.86, and covers claims and demands presented during the period of August 30 through September 12, 2016, drawn, or to be drawn, from East West Bank. The following list details the components of City Warrant Register No. 1456: 1. Ratification of wire transfers totaling $1,041,213.64; 2. Ratification of the issuance of early checks totaling $418,095.05, and 3. Authorization to issue pending checks totaling $179,582.17. 4. Voided check No. 352239 totaling $39,017.07. rt tr CITY OF VERNON WARRANT REGISTER NO. 1456 d, '; 1 SEPTEMBER 20, 2016 #mar+% I hereby certify that claims and/or demands included in above listed warrant This is to certify that the claims or demands covered by the above listed register have been audited for accuracy and availability of funds for warrants have been audited by the City Council of the City of Vernon and payments and that said claims and/or demands are accurate and that the that all of said warrants are approved for payments except Warrant funds are available for payments thereof. Numbers: Void Checks: 352239 William Fox Finance Director Date: Printed:9/12/2016 5:00:09PM Page 2 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT ICMA RETIREMENT TRUST 457 011.210220 33,934.84 Deferred Compensation: Payment Ben191725 1449 09/01/2016 33,934.84 CALPERS 011.210240 438,681.21 PERS Contributions: Payment Ben191721 1450 011.210240 239.94 PERS Survivor's Benefit: Payment Ben191721 1450 011.210240 1,165.87 PERS Buy-back: Payment Ben191721 1450 011.210240 -2,487.22 Special Payroll:Additional 3%Fire Ben191721 1450 011.1004.502020 -0.05 PERS Contributions:Adjustment Ben191721 1450 09/06/2016 437.599.75 CITY OF VERNON. FSA ACCOUNT 011.100013 496.31 FSA- Dependent: Payment Ben191727 1451 011 100013 223.07 FSA-Medical: Payment Ben191727 1451 09/01/2016 719.38 STATE DISBURSEMENT UNIT 011.210260 2,840.44 Child Support: Payment Ben191729 1452 09/06/2016 2,840.44 LLP MAYER BROWN 011.1002.596200 6.350.00 Professional Services 07/16 35173784 1453 011.1002.596200 9,000.00 Professional Services 07/16 35173785 1453 08/30/2016 15,350.00 AETNA HEALTH OF CALIFORNIA 011.1026.502031 8,970.07 Medicare PPO Retirees 31123203 1454 011.1026.502031 2,885.54 Medical HMO Retirees 31123937 1454 09/08/2016 11,855 61 ANTHEM BLUE CROSS 011.1026.502031 4,517.34 Cobra 09/16 1552828A 1455 011.1026.502031 47,366.88 U/65 Med& Den Retirees Med(Dental) 508494C 1455 Pnnted 9/12/2016 5 00:09PM Paqe 3 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.C.# ISSUED NUMBER AMOUNT ANTHEM BLUE CROSS 011.210221 277,388.73 All Active Employees 09/16 608226B 1455 011.210222 27,054.73 All Active Employees 09/16 608226B 1455 09/08/2016 356,327.68 WATER REPLENISHMENT 020.1084,500110 182.585.94 Groundwater Production and Assessment 080816 1456 DISTRICT 09/08/2016 182,585.94 TOTAL WIRES S 1,041,213.64 Printed 9112I2016 S 00:09PM Paqe 4 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2616 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.P ISSUED NUMBER AMOUNT VERONICA AVENDANO 011.1026.596500 78.62 Mileage Reimbursement 082416 352215 08/30/2016 78.62 BIG CITIZEN HUB 011.1021.797000 50,000.00 Community Fund Grant Award 082416{2} 352216 08/30/2016 50.000.00 COALICION DE LATINOS 011.1021.797000 22,000.00 Community Fund Grant Award 082416 352217 08/30/2016 22,000.00 ECMS, INC 011.1033.540000 174.40 Turnout Cleaning- INV40061 011.0011743 352218 08/30/2016 174.40 ANTHONY ENCINAS II 011.1031.596500 9.72 Firearms/Tactical Rifle Adv 081816 352219 08/30/2016 9.72 EXXONMOBIL PIPELINE 011.199999 5.600.00 Partial Ref Permit: E2016-0279 Rei000191629 352220 08/30/2016 5,600.00 INC F GAVINA&SONS 011.120010 34.02 0500-230 Cream Powder,#3005. 205648 011.0011756 352221 011.120010 136.08 0500-230 Cream Powder,#3005. 205655 011.0011756 352221 011.120010 1,115.52 0500-105 Gavina Gourmet Drip Coffee, 3525897 011.0011756 352221 011.120010 25.00 0500-140 Plastic Stir Sticks. 5-3/8", 3525897 011.0011756 352221 011.120010 40.00 0500-142 Plastic Stir Sticks,7", 10 3525897 011.0011756 352221 011.120010 31.36 0500-145 Coffee Filters, 12 cup 3525897 011.0011756 352221 011.120010 396.00 0500-200 5 lb. bags Coffee Beans, 3525897 011.0011756 352221 011.120010 241.44 0500-210 French Vanilla Powder,#546. 3525897 011.0011756 352221 011.120010 272.16 0500-220 Chocolate Powder,0665. 3525897 011.0011756 352221 Pnnted 9112/2016 &W09PM Paqe 5 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.Q.# ISSUED NUMBER AMOUNT INC F GAVINA&SONS 011.120010 204.12 0500-230 Cream Powder,#3005. 3525897 011,0011756 352221 011.120010 8.68 Sales Tax 3525897 352221 08/30/2016 2,504.38 FEDEX 011.9019.520000 70.63 Period:08/16 221523903 352222 08/30/2016 7063 INC J.C. PRODUCE 011.199999 442.80 Refund 80% Permit B-2016-1131 Ref000191630 352223 08/30/2016 442.80 INC MACKENZIE RIVER 011.4031.520000 2,190.00 Part No. FA556-212-BK- 18252016VERNO 011.0011246 352224 PARTNERS NPDV2 011.4031.520000 6,570.00 Part No. SOCOM556-RC2-DE-- 18252016VERNO 011.0011246 352224 NPDV2 011.4031.520000 894.00 Part No.Warcomp-556-1/2-28- 18252016VERNO 011.0011246 352224 NPDV2 011.4031.520000 899.00 Part No. SF-Trainers- 18252016VERNO 011.0011246 352224 NPDV2 011.4031.520000 1,055.30 Sales Tax 8.0% 18252016VERNO 352224 NPDV2 08/30/2016 11,608.30 MAYWOOD CAR WASH 011.1043.570000 17.00 Car Wash Service_ 813 011.0010873 352225 020.1084.570000 8.00 Car Wash Service- 813 011.0010873 352225 08/30/2016 25.00 CARLOS OURIQUE 011.1031.596500 19.98 Firearms/Tactical Rifle Adv 081816 352226 08/30/2016 19.98 Printed 9112/2016 5 00 09PM Pape 6 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT INC PETROCHEM 011.1043.900000 3,628.87 5% Retention Balance Due 718(2) 352227 MANUFACTURING 011.1043.900000 3,741.96 5% Retention Balance Due 736 352227 08/30/2016 7,370.83 TRANSCORE ITS, LLC 011.3043.900000 40,150.80 Traffic Control System Project 79672 352228 08/30/2016 40,150.80 RICHARD VELASQUEZ 011.1031.596500 20.52 Firearms/Tactical Rifle Adv 081816(2) 352229 08/30/2016 20.52 AT&T 011.9019.560010 777.26 Period:08/16 082016 352230 09/01/2016 777.26 AT&T 011.9019.560010 450.61 Period: 08/16 2164097371 352231 09/01/2016 450.61 AT&T 011.9019.560010 304.00 Period: 08/16 9821132307 352232 09/01/2016 304.00 AT&T MOBILITY 011.9019.560010 227.19 Period: 08/16 832176480X08162 352233 016 09/01/2016 227.19 INC ATLANTIC RADIO TELEPHONE 011.9019.590110 435.00 Device/Sim:898709914416376957- 136140 011.0011786 352234 011,9019.590110 435.00 Device/Sim:898709914416376956- 136140 011.0011786 352234 011.9019.590110 26.10 Cost recovery fee airtime 136140 011.0011786 352234 011.9019.590110 4.95 Net billing fee 136140 011.0011786 352234 011.9019.590110 -64.00 Credit 136140 352234 Pnnted 9112/2016 5 00:09PM Pape 7 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 09/01/2016 837.05 SANDRA D BINGMAN 011.210260 2,000.00 GARNISHMENTS: Payment Ben191713 352235 09/01/2016 2,000.00 VECTORBORNE SURVEILLANCE 011.1060.596550 600.00 Recert Fee Health Dept Personnel 083116 352236 ACCT 09r01r2016 600.00 CALIFORNIA WATER SERVICE CO 011.1033.560000 122.07 Period:08/17 082216 352237 09/01/2016 122.07 CITY CLERKS ASSOC OF CAL 011.1002.596700 200.00 Nuts&Bons Workshop 082916 352238 09/01/2016 200.00 FRANCHISE TAX BOARD 011.210260 180.00 Garnishment: Payment Ben191717 352240 09/01/2016 180.00 FRONTIER 011.9019.560010 50.88 Period:08/16 081616 352241 09101/2016 50.88 IBEW LOCAL47 011.210250 3,341.89 IBEW Dues: Payment Ben191711 352242 09/01/2016 3.341.89 MAYWOOD CAR WASH 011.1060.570000 34.00 Car Wash Service- 779 011.0010826 352243 011.1060.570000 76.50 Car Wash Service- 812 011.0010826 352243 011A060.570000 85.50 CAR WASH SERVICE- IN8630 011.0011774 352243 09101/2016 196.00 Printed.9/1212016 5 00 09PM Page 8 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT INC MCP COMPUTER PRODUCTS 011.9019.520010 3,460.00 Panasonic:Win?(Win8.1 Pro COA), 42783 011.0011685 352244 011.9019.520010 210.00 Panasonic: Protection Plus- : Laptop 42783 011.0011685 352244 011.9019.520010 330.30 Sales Tax 42783 352244 09101/2016 4,000.30 MERRIMAC ENERGY GROUP 011.1033.570000 1,361.02 Unleaded Fuel_ 2162055 011.0011773 352245 011.1033.570000 3.14 CA EnvirolFed Oil Spill Tax 2162055 011.0011773 352245 011.1033.570000 2.48 AB32 Fee Phase 384 2162055 011.0011773 352245 011.1033.570000 247.78 Slate Gasoline Excise Tax 2162055 011.0011773 352245 011.1033.570000 0.89 Lust Fee 2162055 011.0011773 352245 011.1033.570000 60.56 2162055 352245 011.1033.570000 798.00 Diesel Fuel- 2162057 011.0011773 352245 011.1033.570000 1.60 AB32 Fee Phase 384 2162057 011.0011773 352245 011.1033.570000 0.94 Federal Oil Spill Tax 2162057 011.0011773 352245 011.1033.570000 78.91 State Diesel Excise Tax 2162057 011.0011773 352245 011.1033.570000 0.49 Lust Fee 2162057 011.0011773 352245 011.1033.570000 86.11 Clear Diesel Sales Tax 2162057 352245 011,1033.570000 481.94 Diesel Fuel-- 2162058 011.0011773 352245 011.1033.570000 0.94 AB32 Fee Phase 384 2162058 011.0011773 352245 011.1033.570000 0.56 Federal Oil Spill Tax 2162058 011.0011773 352245 011.1033.570000 46.48 State Diesel Excise Tax 2162058 011.0011773 352245 011.1033.570000 0.29 Lust Fee 2162058 011.0011773 352245 011,1033.570000 51.99 Clear Diesel Sales Tax 2162058 352245 Pnnted:911212016 5:00:09PM Paqe 9 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 09101/2016 3,224.12 INC NOBEL SYSTEMS 011.9019.860000 7,000.00 Water Service Lateral Document 13880 011.0011469 352246 011.9019.860000 7,800.00 Data Conversion for the reminder Area 13910 011.0011468 352246 09/01/2016 14,800.00 OFFICE DEPOT 011.1002.520000 30.05 Office Supplies- 072116 multiple 011.0011752 352247 011.9019.520000 34.75 Office Supplies- 072116_multiple 011.0011752 352247 011.1002.520000 2.71 Sales Tax 072116_multiple 352247 011.9019.520000 3.13 Sales Tax 072116_multiple 352247 09/01/2016 7064 STANCIL CORPORATION 011.9019.860000 31,350.00 96-CHANNELS,48-ANALOG& 10 IP ON IN8630 011.0010755 352248 A 011.9019.860000 4,100.00 SCREEN RECORDING FOR 3 SEATS IN8630 011.0010755 352248 OR 011.9019.860000 3,190.50 Sales Tax IN8630 352248 011.9019.860000 2,450.00 INSTALLATION AND TRAINING IN8641 011.0010755 352248 09/01/20% 41,090 50 UNISOURCE WORLDWIDE INC 011.120010 29.00 0515-360 U23023 Carpet/Upholstery 73148509901 011.0011652 352249 011.120010 42.80 0515-435 U23055V2 Surface 73148509901 011.0011652 352249 Disinfectant 011.120010 52.00 0515-460 U22997 Blitz Crack and 73148509901 011.0011652 352249 011.120010 2.545.00 2700-100 10M U27567 White Comet 73148509901 011.0011652 352249 011.120010 136.00 2700-110 20M U50220 White,92 Bright 73148509901 011.0011652 352249 011.120010 170.00 2700-120 12.72M U50214 White 73148509901 011,0011652 352249 Printed:9112/2016 5:00 09PM Page 10 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT UNISOURCE WORLDWIDE INC. 011.120010 267.73 Sales Tax 73148509901 352249 09/01/2016 3.242.53 UPS 011.1041.520000 52.73 Period.08/16 933312356 352250 09/01/2016 52.73 VERNON FIREMENS ASSOCIATION 011.210250 3,365.00 Fire House Fund: Payment Ben191715 352251 09/01/2016 3,365.00 BENEFIT ASSOCIATION VERNON 011.210250 1,837.75 Police Association Member Dues: Ben191709 352252 POL Payment 09/01/2016 1,837.75 MICHAEL WILSON 011.1033.502030 347.00 Vision Benefits: Spouse 082916 352253 011.1033.502030 337.00 Vision Benefits 082916(2) 352253 09/01/2016 684.00 CAL DEPT OF PUBLIC HEALTH 011,1060.596550 225.00 Renewal of Lead Certification 080116 352254 09/06/2016 225.00 C.L.E.A.R.S., INC 011.1031.596700 400.00 Training&Technology Seminar 083116 352255 09/06/2016 400.00 CAPRI CUCINA 011.1026.600910 1,495.00 Final Payment Catering Services 090116 352256 09/06/2016 1,495.00 COUNTY OF LOS ANGELES 011.200220 39,017.07 FY 2015-16 Overpmt of Prop Tax 082316 352257 09tW/2016 39.017.07 Printed:9112/2016 5.00,09PM Pape 11 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CERISSA DIAZ 011.1031.596500 59.64 Advanced Dispatcher Update. 080916 352258 09/06/2016 59.64 MIGUEL HERNANDEZ JR 011.1031.596500 17.82 Firearms/Tactical Rifle Adv 082316 352259 09/06/2016 17.82 GUSTAVO HERRERA 011.1031.596500 17.28 Bike Patrol Training 081816 352260 09/06/2016 17.28 HOME DEPOT CREDIT SERVICES 011.1033.520000 429.36 Small tools&plumbing hardware- 072316_multiple 011.0011760 352261 011.1043.520000 63.18 Tools and plumbing hardware.- 072816_multiple 011.0011703 352261 011 1048.520000 108.97 Tools and plumbing hardware.-- 072816_multiple 011.0011703 352261 011.1049.520000 1,237.15 Tools and plumbing hardware.- 072816_multiple 011.0011703 352261 011.120010 1,157.54 Tools and plumbing hardware._ 072816_multiple 011.0011703 352261 09/06/2016 2,996.20 LACPCA 011.1031.596700 300.00 LA County Police Canine Assoc 083116 352262 09/06/2016 30000 MERRIMAC ENERGY GROUP 011.120030 4.851.16 Diesel Fuel. 2162141 011.0011787 352263 011.120030 476.48 State Diesel Tax 2162141 011.0011787 352263 011.120030 2.98 Lust Fee 2162141 011.0011787 352263 011.120030 521.82 Clear Diesel Sales Tax 2162141 352263 011.120030 6,115.22 Unleaded Fuel. 2162142 011,0011787 352263 011.120030 12.90 CA Enviro/Fed Oil Spill Tax 2162142 011.0011787 352263 011.120030 10.19 AB32 Fee Phase 3&4 2162142 011.0011787 352263 Pnnted:9/1212016 5 00:09PM Pave 12 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT MERRIMAC ENERGY GROUP 011.120030 1,018.59 State Gasoline Excise Tax 2162142 011.0011787 352263 011.120030 3.66 Lust Fee 2162142 011.0011787 352263 011.120030 268.49 Sales Tax 3.75% 2162142 352263 09/06/2016 13,281.49 OFFICE DEPOT 011.1026.520000 114.33 Office Supplies- 072116_multiple(2) 011.0011750 352264 011.1026.520000 10.29 Sales Tax 072116_multiple(2) 352264 011.1040.520000 102.70 Office Supplies- 072516_multiple(2) 011.0011751 352264 011.1041.520000 100.00 Office Supplies- 072516_muhiple(2) 011.0011751 352264 020.1084.520000 100.00 Office Supplies- 072516 multiple(2) 011.0011751 352264 011.1040.520000 9.24 Sales Tax 072516_multiple(2) 352264 011.1041.520000 9.00 Sales Tax 072516 multiple(2) 352264 020.1084.520000 9.00 Sales Tax 072516_multiple(2) 352264 011.1026.520000 336.63 Office Supplies- 072516_multiple(3) 011,0011748 352264 011.1026.520000 30.30 Sales Tax 072516_muhiple(3) 352264 011.1031.520000 657.26 Office Supplies- 072716_multiple 011.0011749 352264 011.1031.520000 59.15 Sales Tax 072716_multiple 352264 09/06/2016 1,537.90 FERNANDO RODRIGUEZ 011.1031.5965130 10.26 Firearms/Tactical Rifle Adv 082316 352265 09/06/2016 10.26 LLC SOLOMON PAGE GROUP 011.1016.501010 1,144.00 Temp Services/A. Luu 448109 352266 09/06/2016 1,144.00 FERNANDO VALENZUELA 011.1031.596500 17.28 Firearms/Tactical Rifle Adv 082316 352267 Printed:911212M &WOOPM Pape 13 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 09/06/2016 17.28 INC ADLERHORST 011.1031.596700 4,500.00 Detection Course 080416 352268 INTERNATIONAL 09/08/2016 4,500.00 ADVANCED UTILITY SYSTEMS 011.9019.590110 36,412.92 CIS Infinity Support MN00091171 352269 09/08/2016 36,412.92 AFLAC 011.210223 12,997.87 Supplemental Ins-August 705227 352270 09/08/2016 12,997.87 CITY OF L.A.,DEPT OF 011.1043.590000 1,772.10 Tragic Signal Maintenance 07/16-09/16 94MA170000014 352271 09/08/2016 1,772.10 COLONIAL LIFE 011.210223 8,723.77 Supplemental Ins-August 77136470801710 352272 09/08/2016 8,723.77 LOS ANGELES-COMMERCE 011.1026.596900 2,000.00 2nd Pymt 2016 Emp Appr&Holiday 090716 352273 DOUBLETRE Event 09/08/2016 2,000.00 EDUCATION&TRAINING 020.1084.596700 499.00 Advance Mngmt.& Supervisory Training 083116 352274 SERVICES 09/08/2016 499.00 INC GENERAL DATA COMPANY 011.9019.520010 477.33 Toner 6083213IN 352275 011.9019.520010 524.30 Toner 6083504IN 352275 011.9019.520010 88.80 Toner 6084637IN 352275 011.9019.520010 1,464.69 Toner 6091844IN 352275 Printed:9112/2016 5:00 09PM Pape 14 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT INC GENERAL DATA COMPANY 011.9019.520010 289.92 Toner 609269SIN 352275 011.9019.520010 2,768.27 Toner 6095033IN 352275 011.9019.590110 85.00 Toner 60962101N 352275 011.9019.520010 4,079.92 Toner 6096588IN 352275 09/08/2016 9,778.23 INC JEMM07T ROLLINS GROUP 011.1021.596200 12,250.00 Professional Services 08/16 AUG16 352276 09/08/2016 12,250.00 MAYWOOD CAR WASH 011.1031.570000 354.50 Car Wash Services-- 821 011.0011738 352277 09/08/2016 354.50 MUTUAL OF OMAHA 011.210223 8,088.45 VTL, LTD, Basic 557871901 352278 09/08/2016 8,088.45 LEWIS POZZEBON 011.1060.596500 777.60 Mileage 080116 352279 09/08/2016 777.60 SMITH-EMERY LABORATORIES 011.1049.590000 300.00 Concrete Inspection 43380101 352280 09/08/2016 300.00 SO CAL EDISON 011.1043.560000 34.53 Period: 07/29-08/29 083016_multiple 352281 011.1048.560000 25.20 Period: 07/29-08/29 083016_multiple 352281 09/08/2016 59.73 INC ST. GEORGE GROUPE 011.1048,900000 37,331.44 Housing Improvement Project 1701 352282 09/08/2016 37,331.44 Printed 9/12/2016 5:00:09PM Pape 15 of 34 CITY OF VERNON WARRANT REGISTER NO. 1466 SEPTEMBER 20, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT TOTAL EARLY CHECKS $ 418.095.05 ftnieo-W=016 5-WOOPM Page 16 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P,p_# NUMBER AMOUNT 3M 011.4031.590000 1,700.00 Billing for Labor SS24619 352283 1,700.00 4900 CORONA ASSOCIATES LLC 095.5095.400900 15,898.02 1 st&2nd Installment FY 2015-16 082916 352284 15,898.02 AFC HYDRAULIC SEALS&REPAIR 011.1046.520000 545.DO Loader valve seal kit 23358 011.0011769 352285 011.1046.520000 215.00 Actuator kit 23358 011.0011769 352285 011.1046.520000 665.00 Solenoid kit 23358 011.0011769 352285 011.1046.520000 208.00 Cover kit 23358 011.0011769 352285 011.1046.5200DO 480.00 Actuator kit 23358 Oi1.0011769 352285 011.1046.52DO00 67.00 Chevron hydraulic oil AW32 (5 Gal) 23358 011.D011769 352285 011.1046.590000 50.00 Freight 23358 011.0011769 352285 011.1046.590000 450.00 Labor- 23358 011.0011769 352285 011.1046.590000 1,000.00 Labor-- 23358 011.0011769 352285 011.1046.5200DO 196.20 Sales Tax 23358 352285 011.1046.520000 68.00 SK-50 seal kit for P50 pump 23477 011.0011796 352285 011.1046.520000 128.00 019 winch seal kit 23477 011.0011796 352285 011.1046.520000 120.00 009 bearing kit 23477 011.0011796 352285 011.1046.520000 67.00 AW32 hydraulic oil(5gal.pl) 23477 011.0011796 352285 011.1046.5200DO 40.00 90 grade oil 23477 011.0011796 352285 011.1046.52DD00 26.00 1/4"X 20"4FJX-4FJX45 hydraulic hose 23477 011.0011796 352285 011.1046.520000 26.50 1/4"X 20"4FJX-4FJX90 hydraulic hose 23477 011.0011796 352285 011.1046.520000 18.50 1/4"X 12"4FJX-4FJX hydraulic hose 23477 011.0011796 352285 Printed 9/1212016 5:00 09PM Pape 17 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT AFC HYDRAULIC SEALS& REPAIR 011.1046.520000 12.00 6602-06-06-06 1/4"run tee 23477 011.0011796 352285 011.1046.590000 300.00 Labor to assemble motor, polish shaft, 23477 011.0011796 352285 011.1046.590000 600.00 Labor to assemble winch 23477 011.0011796 352285 011.1046.590000 650.00 Labor to dismantle&installation of 23477 011.0011796 352285 011.1046.520000 45.54 Sales Tax 23477 352285 011.1046.520000 236.00 hydraulic hoses- 23484 011.0011821 352285 011.1046.520000 36.00 009 hose guards 23484 011.0011821 352285 011.1046.520000 24.48 Sales Tax 23484 352285 6,274.22 INC AIR EXCHANGE 011.1033.590000 696.10 Preventative Maintenance 38868 352286 696.10 ANTHONY KOSTALLAS, O.D. 011.1026.502030 324.00 Vision Benefits: E.Alvarado 082216 352287 011.1026.502030 345.00 Vision Benefits:A.Alvarado 082216(2) 352287 011.1026.502030 100.00 Vision Benefds: K Rueda 082216(3) 352287 011.1026.502030 345.00 Vision Benefits: L.Alvarado 082216(4) 352287 1,114.00 8 ROMO ATKINSON,ANDELSON, 011.1024.593200 6,669.25 Re:Torres&Yu 503789 352288 LOY 6,669.25 AUTO ZONE 011.1046.520000 31.25 Emergency brake pedal pads 2893622997 011.0011782 352289 011.1046.520000 2.81 Sales Tax 2893622997 352289 34.06 Panted 9112/2016 5'00:09PM Pape 18 of 34 CITY OF VERNON WARRANT REGISTER NO. 1466 SEPTEMBER 20, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT INC AUTOLIFT SERVICES 011.1046.5900DO 1,815.00 Annual Osha Inspections-- 16112 011,0011790 352290 1,815.00 BATTERY SYSTEMS INC 011.1046.520000 1,510.24 Vehicle Batteries- 080216 MULTIPL 011.0011683 352291 E 1,510.24 &BADGE FRAME BAXTERS 011.5031.520000 2.121.12 Badge Reproduction 31578 352292 FRAME WO 2,121.12 LLP BEST BEST&KRIEGER 011.1024.693200 1,492.25 Re: Labor& Employment 778165 352293 011.1024.593200 1,767.85 Re:Telecommunications 778167 352293 3,260.10 BRIAN BYUN 011.1024.502030 246.50 Vision Benefits: B. Byun 082316 352294 246.50 INC CAINE&WEINER COMPANY 011.1033.467100 102.07 Collection Services 469543 352295 102.07 CALIFORNIA FRAME&AXLE 011.1046.520000 850.85 Front End Repairs_ 080116 MULTIPLE 011.0011681 352296 850.85 CAMINO REAL CHEVROLET 011.1046.520000 155.96 Auto Parts- 081216_MULTIPL 011.0011682 352297 E 011.1046.520000 38.23 Valve CVCS91729 011.0011776 352297 011.1046.520000 24.96 Connector CVCS91729 011.0011776 352297 011.1046 590000 455.00 Labor-- CVCS91729 011.0011776 352297 Printed:9/1212016 5 00 09PM Pape 19 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT CAMINO REAL CHEVROLET 011.1046.520000 5 69 Sales Tax CVCS91729 352297 679.84 CANNON CORPORATION 020.1084.900000 14,320.26 Professional Services 07/16 61760 352298 011.1049.900000 4,773.42 Professional Services 07/16 61760 352298 19,093.68 INC CDW GOVERNMENT 011.9019.520010 1,460.04 HP Color LaserJet Pro MFP M477fnw- FBN2445 011.0011813 352299 011.9019.520010 413.08 HP Laserjet Pro MFP M426fdn- FBN2445 011 0011813 352299 011.9019.520010 -374.62 Coupon FBN2445 352299 011.9019.520010 131.40 Sales Tax FBN2445 352299 011.9019.520010 37.18 Sales Tax FBN2445 352299 011.9019.520010 221.04 HP Officejet 7612 AIO Wide Formate FBP0240 011.0011813 352299 MFP 011.9019.520010 442.96 Canon ImageFormula DR-C225 Office- FBP0240 011.0011813 352299 011.9019.520010 442.96 Canon ImageFormula DR-C225 Office- FBP0240 011.0011813 352299 Oi1.9019.520010 442.96 Canon ImageFormula DR-C225 Office- FBPO240 011.0011813 352299 011.9019.520010 312.00 APC Back-UPS Pro 10000VA UPS- FBP0240 011.0011813 352299 011.9019.520010 105.85 Case Logic Case Logic 15.6"Notebook FBP0240 011.0011813 352299 011.9019.520010 19.89 Sales Tax FBP0240 352299 Oi1.9019.520010 39.87 Sales Tax FBP0240 352299 011.9019.520010 39.87 Sales Tax FBP0240 352299 011.9019.520010 39.87 Sales Tax FBP0240 352299 011.9019.520010 28.08 Sales Tax FBP0240 352299 011.9019.520010 9.52 Sales Tax FBP0240 352299 Printed 9112/2016 5 00:09PM Page 20 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE 13,01 NUMBER AMOUNT 3,811,95 CENTRAL FORD 011.1046.520000 610.71 Auto Parts- 080116_MULTIPLE 011.0011705 352300 011.1046.520000 1,110.85 Reman turbocharger CO2253 011.0011789 352300 011.1046.590000 560.00 Labor to diagnose and repair CO2263 011.0011789 352300 011.1046.520000 111.09 Sales Tax 10.00 CO2253 352300 011.1046.520000 99.98 3W7Z-12029-AA ignition coil assy CO2600 011.0011820 352300 011.1046.520000 24.48 AGSF-32PM spark plugs CO2600 011.0011820 352300 011.1046.520000 9.91 F89Z-9155-A fuel filter assy CO2600 011.0011820 352300 011.1046.520000 14.99 AR10 intake cleaner CO2600 011.0011820 352300 011.1046.520000 24.99 AD63 injector and combustion cleaner CO2600 011.0011820 352300 011.1046.590000 626.95 Labor to diagnose and repair CO2600 011.0011820 352300 011.1046.520000 17.44 Sales Tax 10.00 CO2600 352300 011.1046.520000 274.34 9W7Z-9E926-A throttle body assy CO2601 011.0011797 352300 011.1046,520000 204.13 5W7Z-9D475-AA egr valve CO2601 011.0011797 352300 011.1046.520000 4.50 PM 4 A brake cleaner CO2601 011.0011797 352300 011.1046,590000 665.00 Labor to diagnose and repair CO2601 011.0011797 352300 011.1046.590000 129.95 Labor only to check atc system for CO2601 011.0011797 352300 011.1046.520000 48.30 Sales Tax 10.00 CO2601 352300 4,53761 COASTLINE SUPPLIES 020.1084.520000 170.00 Gas Detector Calibration- 49147 011,0011805 352301 170.00 COMMERCIAL TIRE COMPANY 011.1046.520000 7.34 Tire plug 080516 011.0011778 352302 Printed 9/12/2016 5:00:09PM Page 21 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT COMMERCIAL TIRE COMPANY 011.1046.590000 17.50 Labor to repair flat tire 080516 011 0011778 352302 011.1046.520000 0.66 Sales Tax 080516 352302 25.50 INC COMPLETE THERMAL 011.1049.590000 470.00 Professional Services 30511 352303 SERVICES 011.1049.590000 260.00 Professional Services 30515 352303 730.00 LLC CORSICAN INVESTMENTS 095.5095.400900 4.079.11 1st&2nd Installments FY 2015/2016 082516 352304 4,079.11 CURRENT WHOLESALE ELECTRIC 011.1033.520000 137.41 Supplies 242352 352305 137.41 GOODYEAR TIRE& RUBBER CO 011.1046.520000 646.62 Eagle rs-a tires 43523908 011.0011788 352306 011.1046.590000 10.50 State tire fee 43523908 011.0011788 352306 011.1046.520000 58.20 Sales Tax 43523908 352306 011.1046.520000 493.60 Goodyear wrangler sr-a tires 43533787 011.0011793 352306 011.1046.590000 7.00 State tire fee 43533787 011.0011793 352306 01i.1046.520000 44.42 Sales Tax 43533787 352306 1,260.34 DEWEY PEST CONTROL 011.1048.596200 120.00 Period:08116 080116(2)_MULTIP 352307 LE 011.1048.596200 155.00 Period:08/16 080116_MULTIPLE 352307 011.1049.590000 42.00 Pehod:07/16 10241748 352307 Printed 911212016 5 00 09PM Pape 22 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT DEWEY PEST CONTROL 011.1049.590000 67.00 Period: 07/16 10262953 352307 011.1048.596200 40.00 07/16-09/16 10264207 352307 011.1049.590000 62.00 Period: 07/16 1026761 352307 011.1049.590000 42.00 Period: 08/16 10311066 352307 011.1049.590000 67.00 Period: 08/16 10331967 352307 011.1049.590000 62.00 Period: 08/16 10336949 352307 011.1048.596200 60.00 Period:08/16 10371204 352307 011.1048.596200 60.00 Initial Service 2 352307 011.1049.590000 67.00 Period:07/16 9808810 352307 844.00 INC DIESELTRON 011.1046.520000 218.63 B6G motorcraft alternator 25906 011.0011768 352308 011.1046.520000 20.77 Sales Tax 9.5% 25906 352308 239.40 DISH NETWORK 011.5031.560000 54.47 Subscription 081116 352309 54.47 DR. JON CRUM O.D. 011.1033.502030 249.00 Vision Benefits:J. Crum 082916 352310 249.00 EAGLE RADIATOR SERVICE 011.1046.590000 55.00 Repair&rod-out radiator 080216 011.0011767 352311 011.1046.520000 45.00 Top plastic tank 082316 011.0011795 352311 011.1046.590000 75.00 Labor to repair and rod-out radiator 082316 011.0011795 352311 011.1046.520000 4.05 Sales Tax 082316 352311 PnMed 9/12/2016 5 00 09PM Paqe 23 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P_0_4 NUMBER AMOUNT 179.05 INC EASTERN GROUP 011 1043.550DOO 925.00 Inviting Bids Fire Training Center 43408 352312 PUBLICATIONS 011.1003.550000 312.50 Ordinance No. 1236 Summary 44394 352312 011.1003.550000 712.50 Water Rate Adjustment 44396 352312 1,950.00 ECMS, INC 011.1033.540000 143.33 Turnout Cleaning— INV45613 011.0011743 352313 143.33 EMERGENCY MEDICAL 011.1033.520000 244.75 KLTSD413EA King Airway Kit LTSD, Size 1845213 011.0011757 352314 PRODUCTS 3 011.1033.520000 22.02 Sales Tax 1845213 352314 266.77 DON FRANCISCO'S COFFEE 011.1033.520000 29.00 Havana Espresso Blend 082616 352315 TRADERS 29.00 FERGUSON ENTERPRISES INC 011.120010 1,192.86 3017-205 LF 2"MIP X Compression Ball 565657 011.0011807 352316 #1083 011.120010 975.36 3020-561 LF 2"CTS Compression 565657 011.0011807 352316 Union, 011.120010 2,035.68 3040-195 LF 2"{CTS Compression 90 565657 011.0011807 352316 011.120010 378.35 Sales Tax 565657 352316 4,582.25 FIRE APPARATUS SOLUTIONS 011.1046.520000 623.63 Passenger side door mirror assy. 10488 011,0011729 352317 Printed W1212016 5:00:09PM Paqe 24 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT FIRE APPARATUS SOLUTIONS 011.1046.590000 48.29 Freight 10488 011,0011729 352317 011.1046.520000 49.89 Sales Tax 8.0% 10488 352317 721.81 FIREFIGHTERS'SAFETY CENTER 011.1033.540000 156.65 Fire Personnel Work Boots.-- 26137 011.0011744 352318 156.65 GARVEY EQUIPMENT COMPANY 011.1046.520000 27.50 Parts and Services- 95066 011,0011680 352319 27.50 MICHAEL J GAVINA 011.1021.596200 100.00 Community Fund Mtg: 08/17/16 081716 352320 100.00 INC GENERAL PUMP COMPANY 020.1084.900000 41.768.50 Well No. 11 Pump Installation 25189 352321 41,768.50 GTO AUTO GLASS 011.1046.520000 80.00 Left rear door window glass&frame 1481209 011.0011781 352322 011.1046.590000 30.00 Labor- 1481209 011.0011781 352322 011.1046.520000 7.20 Sales Tax 1481209 352322 117.20 H&H WHOLESALE PARTS 011.1046.520000 139.20 Ac deloo dexos synthetic engine oil 11NO109513 011.0011791 352323 011.1046.520000 154.80 X05W20QSP motorcraft engine oil 11NO109513 011.0011791 352323 011.1046.520000 26.46 Sales Tax 11NO109513 352323 320.46 HAAKER EQUIPMENT COMPANY 011.1046.520000 86.88 Momentary Rocker Switches C23898 011.0011763 352324 011.1046.590000 10.00 Freight C23898 011.0011763 352324 Printed 9/12/2016 5:00MPM Pape 25 of 34 CITY OF VERNON WARRANT REGISTER NO. 1466 SEPTEMBER 20, 2016 PRINTED CHECKS _ ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.Q.# NUMBER AMOUNT HAAKER EQUIPMENT COMPANY 011 1046.520000 7.82 Sales Tax C23898 352324 011 1046.520000 231.62 VAC 46159D tac sensor W43070 011.0011784 352324 011.1046.520000 41.63 Shop supplies 1 Environmental charges W43070 011.0011784 352324 011.1046.590000 416.25 Labor to diagnose and repair W43070 011.0011784 352324 011.1046.520000 24.59 Sales Tax W43070 352324 818.79 PAUL HALLENBERG 011.1026.596800 280.00 Tuition Reimbursement 081616 352325 280.00 HDL COREN b CONE 011 1004.596200 134.52 Property Tax Audit 2015-16 23164IN 352326 011.1004.596200 10,471.80 Sales Tax Quarter 12016 26067IN 352326 10,606.32 HI-LINE INC 011.1046.520000 8.44 Cable Applicator Tool 10478644 011.0011765 352327 011.1046.520000 74.25 Flexible Semi-rigid Loom 10478644 011.0011765 352327 011.1046.520000 7.43 Sales Tax 10478644 352327 90.12 JETRO 011.1033.520000 1,195.26 Water&Gatorade- 200281 011,0011742 352328 1,195.26 LLC JSB FIRE PROTECTION 011.1033.595200 3,812.74 Professional Services 16207 352329 3,812.74 JUDICIAL DATA SYSTEMS CORP 011.1031.594200 100.00 Parking Activity 07116 6190 352330 100.00 Pnnted:9/1212016 5:00:09PM Pape 28 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT KAFCO SALES CO 011.120010 334.35 0515-480 KRESTO Hand Cleaner,2000 399411 011.0011808 352331 MI. 011.120010 187.40 0624-015 Black Nitrile Gloves, 399411 011.0011808 352331 011.120010 273.00 0624-250 Atlas Glove, Large, 12 doz. 399411 011,0011808 352331 011.120010 239.50 0656-210 Tyvek Coveralls, size: 2XL, 399411 011.0011808 352331 011.120010 93.08 Sales Tax 399411 352331 011.120010 410.00 0624-025 Extended Cuff Hero Gloves, 399434 011,0011808 352331 011.120010 36.90 Sales Tax 399434 352331 1.574.23 KIETH BURKART,OD 011.1033.502030 150.00 Vision Benefits:A.Armellini 082516 352332 150.00 INC LIFE ASSIST 011.1033,520000 2.461.23 Medical Supplies- 759954 011.0011740 352333 011.1033.520000 807.17 Medical Supplies- 761020 011.0011740 352333 011.1033,520000 1,555.17 Medical Supplies- 762371 011.0011740 352333 4,823.57 LN CURTIS&SONS 011.1033.540000 171.89 Pro Warrington Boots- INV37079 011.0011746 352334 011.1033.540000 286.00 SCBA Maintenance Services- INV39808 011.0011747 352334 457.89 LOPEZ& LOPEZ TIRE SERVICE 011.1046.520000 1,809.00 Tires,Accessories,& Repairs- 14303 011.0011687 352335 011.1046.520000 93.59 Tires.Accessories,& Repairs- 14763 011.0011687 352335 011.1046.520000 208.85 Tires,Accessories& Repairs- 14918 011.0011687 352335 2,111.44 Prinled 9/12/201 B 5 00 09PM Pape 27 of 34 CITY OF VERNON WARRANT REGISTER NO. 1466 SEPTEMBER 20, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT INC LU'S LIGHTHOUSE 011.1046.520000 71.80 79453 red marker lights 627023 011.0011732 352336 011.1046.520000 6.46 Sales Tax 627023 352336 78.26 INC MR. HOSE 011.1046.520000 252.35 3HTF3 hydraulic couplers 111631 011.0011794 352337 011.1046.520000 23.97 Sales Tax 9.5% 111631 352337 276.32 NAPA AUTO PARTS 011.1046.520000 1,776.77 Auto Parts- 080116_MULTIPLE 011.0011735 352338 1,776.77 NAPA AUTO PARTS 011.1046.590000 214.00 Pro demand mitchel repair manual NAPATracs 011.0011792 352339 214.00 UPHOLSTERY NICK ALEXANDER 011.1046.520000 7.50 Repair driver's side floor mat 3261 011.0011779 352340 REST 011.1046.590000 45.00 Labor- 3261 011.0011779 352340 011.1046.520000 0.68 Sales Tax 3261 352340 53.18 PACIFIC AUTO REPAIR 011.1046.520000 90.00 engine oil 30575 011.0011777 352341 011.1046.520000 29.98 oil filter 30575 011.0011777 352341 011.1046.520000 39.91 fuel filter 30575 011.0011777 352341 011.1046.590000 75.00 labor 30575 011.0011777 352341 011.1046.520000 14.39 Sales Tax 30575 352341 011.1046.520000 289.91 EGR valve 307878 011.0011766 352341 011.1046.520000 7.96 EGR upper gasket 307878 011.0011766 352341 Printed 911212016 5:00 09PM Pape 28 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT PACIFIC AUTO REPAIR 011.1046.520000 8.03 EGR lower gasket 307878 011.0011766 352341 011.1046.590000 95.00 Labor to diagnose check engine light on 307878 011.0011766 352341 011.1046.590000 225.00 Labor to repair 307878 011.0011766 352341 011.1046.520000 27.53 Sales Tax 307878 352341 011.1046,520000 134.99 Fuel rail pressure sensor 30796 011.0011770 352341 011.1046.590000 150.00 Labor- 30796 011.0011770 352341 011.1046,520000 12.15 Sales Tax 30796 352341 1,199.85 PACIFIC PRODUCTS&SERVICES, 011.120010 1.062.00 3260-900 2"sq., 14 ga.X 10' 21079 011.0011804 352342 L 011.120010 995.00 3260-901 2-112"sq., 7ga.X 30'heavy 21079 011.0011804 352342 011.120010 631.50 3260-902 2sq., 14ga.X 12'perforated 21079 011.0011804 352342 011.120010 849.50 3260-905 2"sq., 14ga.X 16'perforated 21079 011.0011804 352342 011.120010 235.98 Freight 21079 011.0011804 352342 011.120010 318.42 Sales Tax 21079 352342 4,092.40 POWER DESIGN 011.9019.590110 1,700.00 Preventative Maintenance 40904 352343 1,700.00 QUINN CO. 011.1046.520000 5.34 201-1919 lug nuts PC810749447 011,0011730 352344 011.1046.520000 8.70 8T-5439 washers PC810749447 011.0011730 352344 011.1046.520000 9.33 231-0687 wheel studs PC810749447 011.0011730 352344 011.1046.590000 10.76 Freight PC810749447 011.0011730 352344 011.1046.520000 2.10 Sales Tax PC810749447 3523" Printed:9MV2016 5 00:09PM Pape 29 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P_O_# NUMBER AMOUNT 36.23 INC RICHARD P GUESS MD 011.1033.596200 750.00 Medical Director Fees 080616 352345 750.00 RUBEN RODRIGUEZ 011.1026.596800 960.59 Tuition Reimbursement 082216 352346 960.59 LLP RUTAN&TUCKER 011.1024.593200 469.00 Re: General 07/16 754503 352347 011.1024.593200 553.15 Re: N. Rodriguez 754506 352347 011.1024.593200 2,858.87 Re: Malkenhorst Pers Litigation 755307 352347 3,881.02 RVD EMISSIONS 011.1046.590000 630.00 Opacity emission tests— 1105a 011.0011783 352348 630.00 SHARE CORPORATION 011.1049.520000 165.00 Levelate,#18680103. 958693 011.0011816 352349 011.1049.520000 163.00 Levelution,#18690103. 958693 011.0011816 352349 011.1049.520000 56.14 Freight 958693 011.0011816 352349 011.1049.520000 29.52 Sales Tax 958693 352349 413.66 SILVA'S PRINTING NETWORK 011.1024.520000 64.00 Hema P. Patel business cards(see 26232 011.0011810 352350 011.1024.520000 64.00 Zaynah Moussa-Milward business cards 26232 011 0011810 352350 011.1024.520000 11.52 Sales Tax 26232 352350 13952 ERNESTO SMITH 011.9019.502030 223.99 Vision Benefits: E. Smith 081816 352351 Printed 911212016 5A0'.09PM Pape 30 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O. NUMBER AMOUNT 223.99 STACY MEDICAL CENTER 011.1031.594200 573.50 Pre-Booking Exams 521117397 352352 573.50 STATE STREET LAUNDRY 011.1031.520000 53.10 LAUNDRY SERVICES— 083116 multiple 011.0011717 352353 53.10 THE DATALOK COMPANY 011.9019.560010 182.72 Offsite Backup Tape Storage 6090978963 352354 182.72 INC THE LIGHTHOUSE 011.1046.520000 732.84 Auto Parts-- 080116_MULTIPLE 011.0011686 352355 732.84 JERRICK TORRES 011.1060.596500 19.98 Hazwoper Refresher Training 082416 352356 011.1060.502030 448.00 Vision Benefits: J Torres 082516 352356 011.1060.502030 448.00 Vision Benefits: G.Torres 082516(2) 352356 011.1060.596500 13.50 Illegal Food Investigation Report 082916 352356 929.48 UC REGENTS 011.1033.596200 4,950.00 Service Agreement 1586 352357 4,950.00 PC US HEALTHWORKS MEDICAL 011.1026.597000 327.00 Medical Services 2933304CA 352358 GROU 011.1026.597000 59.00 Medical Services: D.Armellini 2967388CA 352358 386.00 INC US TOW 011.1046.590000 95.00 Towing— 10161 011 0011780 352359 Printed:9/12/2016 5:00-09PM Page 31 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20,2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.0-4 NUMBER AMOUNT 95.00 WHITTIER POLICE DEPARTMENT 011.1031 570000 500.00 Mutual Aid Vehicle Maintenance 16MAV001 352360 500.00 RAMIN YOUABIAN 095 5095 400900 167.02 1st&2nd Installment FY 2015-16 090116 352361 167.02 TOTAL PRINTED CHECKS ; 179.502.17 Printed:9/1212016 5:00:09PM Page 32 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 RECAP BY FUND _ EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 011 -GENERAL 5 858,627.70 $ 417,479.05 5 103.179.26 1,379,286.01 020-WATER 182,585.94 616.00 56,258.76 239,460.70 095- PARCEL TAX 0.00 0.00 20,144.15 20,144.15 GRAND TOTAL $ 1,041,213.64 $ 418,095.05 5 179,582.17 $ 1,638,890.86 TOTAL CHECKS TO BE PRINTED 79 Printed 9112I2016 5 00 09PM Page 33 of 34 CITY OF VERNON WARRANT REGISTER NO. 1456 SEPTEMBER 20, 2016 VOID LIST CHECK NUMBER VENDOR NAME AMOUNT 352239 COUNTY OF LOS ANGELES 39,017.07 Pnn}q,�-91i Vzolg $.qp 09PM Page 34 of 34 RECEIVED RECEIVED SEP 13 2016 CITY CLERK'S OFFICE ��° 13 2015 STAFF REPORT :Ii-Y ,100INNISTRATION FINANCE/TREASURY DEPARTMENT � DATE. September 12, 2016 TO: Honorable Mayor and City Council J � FROM: William Fox, Finance Director RE: Light & Power Warrant Register for City Council Agenda of September 20, 2016 It is recommended that the attached Light & Power Warrant Register No. 421 be approved at the City Council meeting of September 20, 2016. Light & Power Warrant Register No. 421 totals $1,299,039.55, and covers claims and demands presented during the period of August 30 through September 12, 2016, drawn, or to be drawn, from East West Bank. The following list details the components of Light & Power Warrant Register No. 421: 1. Ratification of wire transfers totaling $1,087,495.36; 2. Ratification of the issuance of early checks totaling $194,376.43; and 3. Authorization to issue pending checks totaling $17,167.76. LIGHT& POWER WARRANT REGISTER NO.421 SEPTEMBER 20,2016 If T LIA, I hereby certify that claims and/or demands included in above listed warrant This is to certify that the claims or demands covered by the above listed register have been audited for accuracy and availability of funds for warrants have been audited by the City Council of the City of Vernon and payments and that said claims and/or demands are accurate and that the that all of said warrants are approved for payments except Warrant funds are available for payments thereof. Numbers: William Fox Finance Director Date: Printed:9/12/2016 5 06 05PM Paqe 2 of 10 LIGHT& POWER WARRANT REGISTER NO.421 SEPTEMBER 20, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CALIFORNIA ISO 055.9200.500150 3,317.99 Initial Charges 08/16 201608233133109 6172 239 055.9200.500170 5,391.23 Initial Charges 08116 201608233133109 6172 239 055.9200.500210 17,209.74 Initial Charges 08/16 201608233133109 6172 239 055.9200.500190 -1,631.18 Initial Charges 08/16 201608233133109 6172 239 055.9200.500150 11,577.35 Recalculation Charges 08/16 201608233133109 6172 239 055.9200.500190 42.24 Recalculation Charges 08/16 201608233133109 6172 239 055.9200.500210 92.18 Recalculation Charges 08/16 201608233133109 6172 239 055.9200.500170 -154.14 Recalculation Charges 08/16 201608233133109 6172 239 08/30/2016 35,845.41 DEUTSCHE BANK TRUST CO. 055.9200.500163 318,250.00 WCI Auction 082316 6173 055.150199 420,090.00 WCI Auction 082316 6173 08/30/2016 738,340.00 LLC ICE TRADE VAULT 055.9200.596200 375.00 Minimum/Maximum Fee 716US01864 6174 08/30/2016 375.00 LLC ICE US OTC COMMODITY 055.9200.596200 1,200.00 Market Data Exchange Fees 716001688088 6175 MARKE 08/31/2016 1,200.00 Pnnted 911212016 5 06 05PM Pape 3 of 10 LIGHT& POWER WARRANT REGISTER NO.421 SEPTEMBER 20, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT POWER SETTLEMENTS 055.9200.596200 8,500.00 Consulting Services 09/16 VERN10 6176 CONSULTING 09/01/2016 8,500.00 SO CAL EDISON 055.9200.500170 146,640.00 Mead Laguna Bell 07/16 7500702493 6177 055.9200.500170 62,040.00 Victorville Lugo Vernon 08116 7500702494 6177 055.9200.500170 24,669.00 Laguna Bell 08/16 7500702495 6177 09/02/2016 233,349.00 CALIFORNIA ISO 055.9200.500150 11.14 Initial Charges 08/16 201608303133137 6178 375 055.9200.500150 -1.04 Recalculation Charges 08/16 201608303133137 6178 375 055,9200.500150 70,664.92 Initial Charges 08/16 2016083031333137 6178 543 055.9200.500210 16,690.94 Initial Charges 08/16 201608303133137 6178 543 055.9200.500170 -2,793.07 Initial Charges 08116 201608303133137 6178 543 055.9200.500190 -7,124.96 Initial Charges 08/16 201608303133137 6178 543 055.9200.500150 -7,340.56 Recalculation Charges 08/16 201608303133137 6178 543 055.9200.500170 -192.92 Recalculation Charges 08/16 201608303133137 6178 543 055.9200.500190 -15.86 Recalculation Charges 08/16 201608303133137 6178 543 055.9200,500210 -12.64 Recalculation Charges 08116 201608303133137 6178 543 Printed W12/2016 5:06 05PM Page 4 of 10 LIGHT& POWER WARRANT REGISTER NO.421 SEPTEMBER 20, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 09/07/2016 69.B85(.15 TOTAL WIRES $ 1,087,495.36 Pape 5010 LIGHT& POWER WARRANT REGISTER NO.421 SEPTEMBER 20, 2016 EARLY CHECKS ACCOUNT DATE_ CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT LLC ALCOA PROPERTY 055.7200.596702 11,899.00 Customer Incentive Program 081116(2) 512252 08/30/2016 11,899.00 THOMAS ROBERTS 055.7200.596702 607.00 Customer Incentive Program 081116 512253 08/30/2016 607.00 INC V&L PRODUCE 055.7200.596702 9,078.45 Customer Incentive Program 081116(3) 512254 08/30/2016 9,078.45 LLP BROWN, NERI &SMITH 055.9000.593200 47,618,47 Professional Services 06/16 735 512255 09/01/2016 47,618.47 CG POWER SYSTEMS USA, INC. 055.9100.900000 12,773.00 16340V-277/480V-750KVA— 2312289 055.0002379 512256 09/01/2016 12,773.00 FEDEX 055.8000.520000 175.88 Period: 08/16 3932652931 512257 09101/2016 175.88 INC MARX BROS FIRE 055.8200.596200 490.00 Annual Extinguisher Service H041090 512258 EXTINGUISHE 055.8400.596200 490.00 Annual Extinguisher Service H041090 512258 09/01/2016 980.00 SCHNEIDER ELECTRIC USA, INC 055.9100,900000 77,465.00 Designation 15KV 1200A 40KA Breaker— 3780443004 055.0002383 512259 055.9100.900000 6,971.85 Sales Tax 3780443004 512259 09/01/2016 84,436.85 THE WORKWEAR STORE 055.8000.540000 70.33 Carhartl- Part#100194— 073116 055.0002109 512260 055.8100.540000 210.99 Cerhartt-Part#100194— 073116 055.0002109 512260 Printed 9M2/2016 5:06:05PW4 Pape 8 or 10 LIGHT& POWER WARRANT REGISTER NO.421 SEPTEMBER 20, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT THE WORKWEAR STORE 055,8100.540000 140.66 Carhartt- Part# 100194- 073116 055 0002109 512260 055.8000.540000 631 Sales Tax 073116 512260 055 8100.540000 31.57 Sales Tax 073116 512260 09/01/2016 459.86 HOME DEPOT CREDIT SERVICES 055.8400.590000 1,301.11 Hardware Suppllies- 072916_multiple 055.0002421 512261 055.8400.520000 119.75 Hardware Suppllies-- 072916_multiple 055.0002421 512261 09/06/2016 1,420.86 OFFICE DEPOT 055.9100.520000 104.94 Offce Supplies- 072516_multiple 055.0002435 512262 055.9200.520000 32.43 Offce Supplies- 072516_multiple 055.0002435 512262 055.9000,520000 227.04 Offce Supplies- 072516_multiple 055.0002435 512262 055.7100.520000 95.53 Offce Supplies-- 072516_multiple 055.0002435 512262 055.9100.520000 9.45 Sales Tax 072516_multiple 512262 055.9200.520000 2.92 Sales Tax 072516_multiple 512262 055.9000.520000 20.44 Sales Tax 072516 multiple 512262 055.7100.520000 8.58 Sales Tax 072516_multiple 512262 09/06/2016 501.33 SOUTH COAST AQMD 055.8200.500230 1,021.20 Program Admin Change Application 083116 512263 09/06/2016 1,021.20 INC PORT CANAVERAL PWR 055.9000.596200 15,400 00 Consulting Services VERNPVHAUGUS 512264 CONSULT T2016 055.9000.900000 3,300.00 Consulting Services VERNPVHAUGUS 512264 T2016 Printed 9112l2016 5:06 05PM Paqe 7 or 10 LIGHT& POWER WARRANT REGISTER NO.421 SEPTEMBER 20, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.! ISSUED NUMBER AMOUNT 09/08/2016 18,700.00 SANTA FE BUILDING 055.8400.596200 464.00 Janitorial Services 08/16 15204 512265 MAINTENANCE 055.9000.596200 1,611.00 Janitorial Services 08/16 15204 512265 09/08/2016 2,075.00 INC SIMON WIND 055.9000.900000 2,580.00 Meteorological Data Collection Services 1608 512266 09/08/2016 2,580.00 SO CAL EDISON 055.8100.560010 49.53 Period 08116 083016 512267 09/08/2016 49.53 TOTAL EARLY CHECKS $ 194,376.43 Pnn6u�d 9.I WI)1$ �P:06-05PM Page 8 of 10 LIGHT& POWER WARRANT REGISTER NO. 421 SEPTEMBER 20, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT BANK OF NEW YORK MELLON, 055.9000.592010 2,300.00 Admin Fee 08116-08/17 2521964540 512268 TRUST 2,300.00 LLP BROWN, NERI 8 SMITH 055.9000.593200 14,867.76 Professional Services 773 512269 14,867.76 TOTAL PRINTED CHECKS $ 17,167.76 Printed 9/12/2016 5:06:05PM Page 9 of 10 LIGHT& POWER WARRANT REGISTER NO.421 SEPTEMBER 20, 2016 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 055-LIGHT& POWER $ 1,087,495.36 $ 194,376.43 $ 17.167.76 $ 1,299,039.55 GRAND TOTAL $ 1,087,495.36 $ 194,376.43 5 17.167.76 $ 1,299,039.55 TOTAL CHECKS TO BE PRINTED 2 Printed 9m 212016 5 06:05PM Page 10 of 10 RECEIVED } ' . RECEIVED R SEP 13 2016 ,.*# SEP 13 2016 CiFY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION FINANCE/TREASURY DEPARTMENT DATE: September 12, 2016 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director V4 RE: Gas Warrant Register for City Council Agenda of September 20, 2016 It is recommended that the attached Gas Warrant Register No. 209 be approved at the City Council meeting of September 20, 2016. Gas Warrant Register No. 209 totals $28,594.69, and covers claims and demands presented during the period of August 30 through September 12, 2016, drawn, or to be drawn, from East West Bank. The following list details the components of Gas Warrant Register No. 209: 1. Ratification of wire transfers totaling $26,250.00; 2. Ratification of the issuance of early checks totaling $2,344.69; and 1 " f �r ��Ur4s� CITY OF VERNON GAS DEPARTMENT ` WARRANT REGISTER NO. 209 SEPTEMBER 20, 2016 #� rir$14 I hereby certify that claims and/or demands included in above listed warrant This is to certify that the claims or demands covered by the above listed register have been audited for accuracy and availability of funds for warrants have been audited by the City Council of the City of Vernon and payments and that said claims and/or demands are accurate and that the that all of said warrants are approved for payments except Warrant funds are available for payments thereof. Numbers: William Fox Finance Director Date: Printed 9112/2016 5 11 22PM Paqe 2 of 5 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 209 SEPTEMBER 20, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT THE GAS COMPANY 056.5600 500160 26.250.00 Gas Purchases 07116 201607GS028 488 08/30/2016 26,250.00 TOTAL WIRES $ 26,250.00 Printed:9112l2016 5 11:22PM Page 3 of 5 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 209 SEPTEMBER 20,2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT P&F DISTRIBUTORS 056.5600.596700 750.00 Fusion Certification- 1066461N 056,0000418 1463 08/30/2016 75000 BELL PIPE&SUPPLY CO 056.5600.590000 492.52 BALL VALVE- 172053000 056.0000400 1464 056.5600.590000 44.33 Sales Tax 172053000 1464 09/06/2016 53685 HOME DEPOT CREDIT SERVICES 056.5600.520000 773.50 Building Supplies- 071416_multiple 056.0000416 1465 09/06/2016 773,50 OFFICE DEPOT 056.5600.520000 260.86 Office Supplies_ 848040580001 056.0000417 1466 056.5600.520000 23.48 Sales Tax 848040580001 1466 09/06/2016 284.34 TOTAL EARLY CHECKS $ 2,344.69 Printed:9/12/2016 5:11:22PM Page 4 of 5 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 209 SEPTEMBER 20, 2016 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 056-NATURAL GAS $ 26,250.00 $ 2,344.69 5 000 $ 28,594 69 GRAND TOTAL $ 26,250.00 $ 2.344.69 $ 0.00 $ 28,594.69 TOTAL CHECKS TO BE PRINTED 0 Prl :Wl2V1$ 5:11:22PM Page 5 of 5 f ' RECEIVED ' SEP 13 2016 "4L " CITY ADMINISTRATION CITY CLERK'S OFFICE: STAFF REPORT 6rq-i3- 1v FINANCE DEPARTMENT DATE: September 20, 2016 TO: Honorable Mayor and City Council FROM: Director of Finance, William Fox / RE: Approval of a Services Agreement with Epic Land Solutions, Inc. for Infrastructure Valuation in Accordance with GASB 34 and 51 Recommendation A. Find that entering into a contract with an appraiser to provide infrastructure valuation services in accordance with GASB 34 and 51 is exempt under the California Environmental Quality Act (CEQA), because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378. Even if such were a project, it would be exempt from CEQA review in accordance with Section 15061(b)(3), the general rule is that CEQA only applies to activities that may have a significant effect on the environment; and B. City Council approve and authorize the City Administrator to enter into a one year professional services agreement with Epic Land Solutions, Inc. ("Epic") in substantially the same form as submitted herewith, for an amount not to exceed $175,000.00, to perform infrastructure valuation in accordance with GASB 34 and 51. Background In May 2016, the City issued a Request for Proposal ("RFP") for Infrastructure Valuation in Accordance with GASB 34 and 51. A thorough solicitation process was conducted. This included reaching out to twenty valuation firms and placement of the RFP on the City's website for other interested firms to participate. A total of three proposal responses were received. The three responses were from Rahban CPA & Consulting, Inc., Epic Land Solutions, Inc., and CBIZ Valuation Group. All firms were evaluated based on a competitive selection process, in which the evaluation of proposals was not strictly based upon pricing. Technical merit, firm expertise, and capacity were given significant consideration in the selection process. There were four selection criteria that were evaluated consisting of qualifications, cost, responsiveness, and professional references. Epic Land Solutions, Inc. was the best overall suited firm and was unanimously selected to undertake the assignment. The proposed professional services agreement was reviewed and approved as to form by the City Attorney's Office. Fiscal Impact Epic will conduct valuation of the following infrastructure assets in accordance with GASB 34 and 51 for a total cost not to exceed $175,000. • Street (49.1 centerline miles) • Curb & Gutter • Sidewalk • Right-Of-Ways • Streetlights • Street Signs (5,028) • Sewer Lines (44.6 miles) • Water Lines (46.0 miles) • Storm Drain Lines (13.9 miles) • Catch Basin/ Gates (431) • Water Wells (9) • Bridges (6) • Traffic Signals (42) • Trees (1,044) • Other as identified Attachments 1. Services Agreement SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND EPIC LAND SOLUTIONS, INC. FOR INFRASTRUCTURE VALUATION IN ACCORDANCE WITH GASB 34 AND 51 COVER PAGE Contractor: Epic Land Solutions, Inc. Responsible Principal of Contractor: D. Michael Mason, MAI, SRA, Chief Appraiser Notice Information - Contractor: Epic Land Solutions, Inc. 2601 Airport Drive, Suite 115 Torrance, CA 90505 Attention: D. Michael Mason, MAI, SRA, Chief Appraiser Phone: (310) 986-2264 Email: mmason@epicland.com Notice Information -City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: William Fox, Finance Director Telephone: (323) 583-8811 ext. 849 Facsimile: (323) 826-1433 Commencement Date: September 20, 2016 Termination Date: September 19, 2017 Consideration: Total not to exceed $175,000.00 (includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three (3) years, pursuant to Section 9.19 1 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND EPIC LAND SOLUTIONS, INC. FOR INFRASTRUCTURE VALUATION IN ACCORDANCE WITH GASB 34 AND 51 This Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation ("City"), and Epic Land Solutions, 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 September_, 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 issued on or about May 2016, Exhibit "A", and Contractor's proposal to the City ("Proposal") dated June 30, 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 financial 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 2 receipt of a written notice to proceed and shall complete the services within one (1) year of the commencement date, 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 $175,000.00, 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. 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 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 Finance Director 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$175,000.00. 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 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. 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. 5 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, representations, understandings, correspondence, documentation and agreements (written or oral). 9.10.3 Written Amendment. This Contract may only be changed 6 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 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, 7 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 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: (a) any activity on or use of City's premises or facilities or any performance under this Contract; or (b) 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, 8 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 amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. 9.15.1 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. 9.15.2 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. (a) 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. 9.15.3 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. 9.15.4 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: 9 (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. 9.15.5 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. 9.15.6 Insurance shall be placed with insurers with a Best's rating of no less than B:VIII. 9.15.7 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. 9.15.8 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 10 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: Bill Fox, Finance Director 4305 Santa Fe Avenue Vernon, CA 90058 If to the Contractor: Epic Land Solutions, Inc. Attention: D. Michael Mason, MAI, SRA, Chief Appraiser 2601 Airport Drive, Suite 115 Torrance, CA 90505 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 11 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. 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 12 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 "D". 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 "E". [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 Epic Land Solutions, Inc., a California and California municipal corporation corporation By: By: Carlos Fandino, City Administrator Name: Title: ATTEST: By: Maria E. Ayala, City Clerk Name: Title: APPROVED AS TO FORM: Brian Byun, Deputy City Attorney 14 EXHIBIT A REQUEST FOR PROPOSALS 15 City of Vernon Request for Proposals (REP) Infrastructure Valuation in Accordance with GASB 34 and 51 01F t IF It JV rOUODEO y f I City of Vernon Finance Department 4305 Santa Fe Avenue, Vernon, CA 90058 Phone: (323) 583-8811 May 2016 City of Vernon Infrastructure Valuation Request for Proposals 1. INTRODUCTION AND PROJECT The City of Vernon is requesting proposals for Infrastructure Valuation to determine the cost and accumulated depreciation of the City's Infrastructure as set forth by the capital asset reporting requirements of Governmental Accounting Standards Board (GASB) Statement#34 and #51. The City will select one firm, based on demonstrated competence and a cost effective approach to design, conduct, and assist in the infrastructure valuation. 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 201h 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 Tem 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. CAPITAL ASSET APPRAISAL AND VALUATION Determine the cost and accumulated depreciation of the City's infrastructure as set forth by the capital asset reporting requirements of Governmental Accounting Standards Board (GASB) Statement#34 and #51. 4. SCOPE OF SERVICES REQUIRED -2- May 2016 City of Vernon Infrastructure Valuation Request for Proposals The successful Bidder will appraise capital assets classified as infrastructure, including right of ways, in accordance with GASB Statement#34 and #51. Bidder will be required to perform a comprehensive appraisal and valuation of all major infrastructure assets identified in the City's GIS System. During the appraisal and valuation process, all major infrastructure assets of the City should be documented and grouped by networks and sub-systems to the extent possible. Upon completion, the Bidder is to prepare an Infrastructure Asset Listing to be maintained by City's Public Works Department. For all infrastructure assets appraised or valued, Bidder will document the City's decisions and actions including: 1. Identifying the infrastructure assets required to be reported under GASB #34 and #51 and the adequacy of present documentation for those assets. 2. Determining the grouping of the infrastructure assets by networks and subsystems for reporting, when applicable. 3. Determining the historical cost, useful life, and accumulated depreciation based on available documents. In the absence of historical records, Bidder shall supply a reasonable estimate of historical cost, useful life, and accumulated depreciation in accordance with GASB Statement#34 and #51. For purposes of this proposal, an infrastructure asset may be broadly defined to include: • Street(49.1 centerline miles) • Curb & Gutter • Sidewalk • Right-Of-Ways • Streetlights • Street Signs (5,028) • Sewer Lines (44.6 miles) • Water Lines (46.0 miles) • Storm Drain Lines (13.9 miles) • Catch Basin / Gates (431) • Water Wells (9) • Bridges (6) • Traffic Signals (42) • Trees (1,044) Time for Completion It is anticipated that the term of the contract will be for a period of no more than six (6) months. City may decide to enter into a new contract or extension with the successful Bidder for further enhancements or customizations subject to City Council approval, cost and the availability of funds. If necessary, written notice of City's intention to extend the contract shall be given approximately ninety (90) days prior to the expiration date of the initial contract period. -3- May 2016 City of Vernon Infrastructure Valuation Request for Proposals If City elects to exercise the option to extend the contract, the contract price for the period of time shall be negotiated between City and Bidder. 5. QUALIFICATIONS & CRITERIA A. Qualifications: The City of Vernon will select one firm for all of the outlined Scope of Service on the basis of qualifications, experience, and cost. The following are the minimum qualifications to be used to evaluate responses to this Request for Proposal: -4- May 2016 City of Vernon Infrastructure Valuation Request for Proposals 1. EXECUTIVE SUMMARY/INTRODUCTION: The Executive Summary or Introduction should provide a description of the scope of services to be performed and list all proposed sub-consultants, who will be used to accomplish this scope of work, if any. The summary should include a brief description of the firm's organizational structure and resumes of key personnel expected to work on or provide technical assistance for this project. The work plan, programmatic goals, and delivery methods should also be addressed here. 2. QUALIFICATIONS STATEMENT: The Bidder must submit a certification affirming the following information relative to their Team's composition, qualifications and experience: a. Bidder meets the independence requirements of Government auditing standards. b. Bidder does not have a record of substandard work on similar assignments. c. Bidder meets all local and state qualifications to perform this type of engagement. 3. ORGANIZATION STRUCTURE/KEY PERSONNEL: Bidder shall provide a detailed description of bidder's organizational layout and staffing. The information provided should include, but need not be limited to, the following: a. Brief history of organization, including size and any specialty areas; b. Background organization data, including financial references; c. Particular expertise or involvement in the industry; and d. Municipal experience. 4. EXPERIENCE: Bidder shall submit written and/or graphic evidence of no more than five (5) significant projects that Bidder and its identified project manager have completed that are similar in scope to the Project(s) described in this RFP. Bidder is responsible for establishing in this section the relevance of a listed project to the scope of work shown in this RFP. Bidder should not include previous engagements with City of Vernon as experience. 5. REFERENCES: Provide current references from no more than three (3) organizations or clients that can address your specific capabilities as they relate to the requirements of the RFP from the list of five (5) previous projects listed above. Reference information must include the following minimum information: -5- May 2016 City of Vernon Infrastructure Valuation Request for Proposals a. Contact names, titles and telephone numbers of contacts with first hand knowledge of your firm's work on the related project. 6. WORK PLAN/PROJECT APPROACH: Provide a description of the work plan proposed to carry out the major tasks needed to bring the proposed project to completion. It should provide a detailed outline of the approach and not simply reiterate the Scope of Work described in this RFP. 7. OTHER REQUIRED SUBMISSION DOCUMENTS: Each Bidder is required to submit, in addition to those listed in items 4, the documents included in the Submission Documents package. These include: a. Cost Proposal - (form included; Bidder to provide a single copy in sealed envelope) - Although cost is not the sole determining factor City will use to select a firm; cost is an important part of the proposal and shall be considered when determining the winning bid. b. Liens, suits or judgments - submit notarized statement on the firm's letterhead, indicating a description of any disputes, suites,judgments and liens during the past two (2) years. If this is not applicable, then so state. 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. The name, information, or experience of the individual members will not be made available to any proposer. The Evaluation Committee will first review and screen all proposals submitted, except for the cost proposals, 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 bid: 1. 30% 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. 20% Responsiveness to the RFP, and quality and responsiveness of the proposal. 4. 20% References including past performance of proposer. 6. FORMAT AND DELIVERY OF RESPONSE -6 - May 2016 City of Vernon Infrastructure Valuation Request for Proposals Respondents are asked to submit seven (7) 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 phases of the 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 [insert email contact]) 4. Prominently label the package: "Infrastructure Valuation" and include the name of the primary contact for the respondent. Deliver the response to: City of Vernon Attention: William Fox, Finance Director 4305 Santa Fe Avenue Vernon, CA 90058 5. Responses are due on or before 5:00 p.m. on June 30, 2016. Late response will not be accepted. 6. If you have any question about this RFP, please contact William Fox at (323) 583-8811 ext. 849. 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: 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. -7- May 2016 City of Vernon Infrastructure Valuation Request for Proposals D. General Scope of Work: Briefly summarize the scope of work as the proposer perceives or envisions it for each Service Area proposed. E. Work Plan: Present concepts for conducting the work plan and interrelationship of all projects. Define the scope of each task including the depth and scope of analysis or research proposed. F. Fees and costs: Although an important aspect of consideration, the financial cost estimate will not be the sole justification for consideration. Negotiations may or may not be conducted with the proposer; therefore, the proposal submitted should contain the proposer's most favorable terms and conditions, since selection and award may be made without discussion with any firm. All prices should reflect "not to exceed" amounts per item. 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. 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 a list of references. The selected firm 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- May 2016 City of Vernon Infrastructure Valuation Request for Proposals 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 does not obligate the City to establish a list of service providers qualified as prime contractors, or 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. 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 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 Finance Director'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, -9- May 2016 City of Vernon Infrastructure Valuation Request for Proposals 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. 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. - 10- May 2016 City of Vernon Infrastructure Valuation Request for Proposals EXHIBIT A AFFIDAVIT OF NON-COLLUSION - 11 - May 2016 AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) being first duly sworn deposes and says that he/she is (Insert"Sole Owner","Part ner",'President,"Secretary",or other proper title) of (Insert name of bidder) who submits herewith to the City of Vernon a bid/proposal; That all statements of fact in such bid/proposal are true; That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership,company,association,organization or corporation; That such bid/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 reading of bids/proposals,said bidder: a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/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 bid/proposal, or that anyone should refrain from bidding or withdraw his/her bid/proposal; C. Did not, in any manner, directly or indirectly seek by agreement,communication or conference with anyone to raise or fix the bid/proposal price of said bidder or of anyone else,or to raise or fix any overhead,profit or cost element of his/her bid/proposal price,or of that of anyone else; d. Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof,or to any individual or group of individuals,except the City of Vernon,or to any person or persons who have a partnership or other financial interest with said bidder in his/her business. I certify under penalty of perjury that the above information is correct By: Title: Date: March 2013 City of Vernon Infrastructure Valuation Request for Proposals EXHIBIT B STANDARD FORM CONTRACT - 12 - May 2016 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S NAME] FOR [BRIEF DESCRIPTION OF SERVICES] COVER PAGE Contractor: [insert name of contractor] Responsible Principal of Contractor: [insert name, title] Notice Information - Contractor: [insert name of contractor] [insert street address] [insert city, state, zip code] Attention: [insert name, title] Phone: [insert phone number] Facsimile: [insert fax number] Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: [insert department head] [insert department head title] Telephone: (323) 583-8811 ext. [insert] Facsimile: [insert fax number] Commencement Date: [insert commencement date] Termination Date: [insert termination date] Consideration: Total not to exceed $[insert amount] (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 [CONTRACTOR'S NAME] FOR [BRIEF DESCRIPTION OF SERVICES] This Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation ("City"), and [Contractor's Name], a [State incorporated in] 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 Request for Proposals dated , Exhibit"A", and Contractor's proposal to the City ("Proposal") dated , 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 [state] 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 within one (1) 2 August 2013 year of the commencement date, 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 [state amount]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 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 Finance Director 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 [state amount]. 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 salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 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. 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. 5 August 2013 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, representations, understandings, correspondence, documentation and agreements (written or oral). 6 August 2013 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 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. 7 August 2013 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 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: (a) any activity on or use of City's premises or facilities or any performance under this Contract; or (b) 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 8 August 2013 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. 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. 9.15.1 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. 9.15.2 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. (a) 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. 9.15.3 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. 9.15.4 Contractor shall comply with the applicable sections of the 9 August 2013 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. 9.15.5 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. 9.15.6 Insurance shall be placed with insurers with a Best's rating of no less than B:VIII. 9.15.7 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. 9.15.8 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 10 August 2013 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: If to the Contractor: 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 11 August 2013 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. 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 12 August 2013 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'Y2 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 "D". 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"E". [Signatures Begin on Next Page]. 13 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 [CONTRACTOR'S NAME, a [State and California municipal corporation incorporated in] corporation 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 August 2013 EXHIBIT A REQUEST FOR PROPOSALS 15 August 2013 EXHIBIT B PROPOSAL 16 August 2013 EXHIBIT C SCHEDULE 17 August 2013 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. 18 August 2013 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. 19 August 2013 CITY OF VERNON REQUEST FOR PROPOSALS INFRASTRUCTURE VALUATION IN ACCORDANCE WITH GASB 34 AND 51 ADDENDUM#1 June 20,2016 This addendum is forwarded to provide a response to written questions for RFP—Infrastructure Valuation in Accordance with GASB 34 and 51. Please email William Fox at wfox@ci.vemon.ca.us if you have any questions regarding this Addendum. Ouestion 1 Which type of intangible assets does the City possess? Internally created software Water rights Patents or trademarks Easements Vernon Response Internally created software: Bidder will not be valuing our internally generated software. Water rights: Bidder will not be valuing our water rights. Patents or trademarks: Bidder will not be valuing our patents or trademarks. Easements: Bidder will be valuing our easement rights including right-of-ways. Ouestion 2: Are the City Council meeting minutes searchable? If so,how far back does your City keep records of those minutes?How far back are those records searchable electronically? Vernon Response City Council meeting minutes are electronically searchable back to 1915. Question 3 Have your auditors been doing the search of City Council Minutes annually?If so,then are the existing fixed asset records up-to-date? Vernon Response External independent auditors conduct searches through City Council Minutes annually. City's fixed asset records are up-to-date for GAAP financial reporting purposes but intangible assets, such as right-of-ways,may not be reflected on its books. Ouestion 4• Is there any IT infrastructure such as fiber optic cables,antennae, satellite dishes,cell towers? Would you like these assets classes to be included in the project? Vernon Response Bidder will not be valuing our IT infrastructure. 1 Question 5: Please provide a copy of your City's fixed asset policy.What is the capitalization threshold for individual asset?For assets purchased in bulk,if any? Vernon Response The City does not have a formal fixed asset policy,but in general,the City follows GFOA's recommendation capitalization threshold of$5,000. Question 6• How many years back does the City's maintenance of financial records go? Invoices?Finance software data?Executed contracts?Which financial software does the City use?Will I have access to search financial records within the software? Vernon Response Audited annual financial reports are available back to 1977. For invoices,the City is uncertain as to how far back they go without going through its storage(s)but some invoices are available back to 1999. City's financial software data goes back to 2007. City's executed contracts goes back to 1905. City uses Eden by Tyler Technologies as its ERP system. Bidder will be given full access to all financial records and data available. Ouestion 7• Does the City maintain all original contracts? Are they electronically searchable?How far back will the search-ability go? What about for Council resolutions? Vernon Response City maintains its official documents in Laserfiche. They are electronically searchable back to 1915 including Council resolutions. Hard copies are available from 1905 to 1915. Question 8• Have you already included within your Land Fixed Asset Line item,the land underneath public roads?When doing the public street valuation, I am also able to determine the historical cost of land underneath if needed. Vernon Response We are not sure as the City historically lacked a detailed capital asset listing. However, the City recently implemented a GIS system in which all known infrastructure assets were snapped. We are not sure if the historical cost of land underneath public roads can be determined as the City historically lacked a detailed capital asset listing. Question 9• Is the rail network owned by the City? If so, then would you need that to be included in the project?What about rail yards... are those owned by the City,and would those need to be included in the project? Vernon Response The rail network is not owned by the City. However,the California High Speed Rail is expected to go through Vernon. Any easement or right-of-way associated with the rail network should be included in the project if detennined to be owned by the City. Question 10• 2 Does Vernon own the portion of the freeway which passes through the City? Vernon Response Not that the City is aware of. Question 11: Will parking meters need to be included,if any?Or are they already included as equipment? Vernon Response The City does not own any parking meters. Question 12: Will the power plant need to be included in the project?Has it been constructed yet?I read about this in the City's general plan. Vernon Response No. Question 13: Will the gas lines need to be included in the project? Vernon Response No. Question 14: Will I have continuous access to obtain information from the public works department when needed during the project period? Vernon Response Yes. Question 15: Will I have continuous access to obtain information from IT staff?This would be for estimating the historical cost of internally created software,or any other IT infrastructure. Vernon Response Yes. However,bidder will not be valuing internally created software or any other IT infrastructure. Question 16: What is the City's capitalization threshold? Vernon Response The City does not have a formal capitalization threshold, but in general, the City follows GFOA's recommendation capitalization threshold of$5,000. Question 17: 3 Does the City have a current policy on estimated useful lives for each infrastructure line item,or would you like me to propose one? Vernon Response Please propose one based on recommended best practices. Question 18: For street signs, does each individual one meet the capitalization threshold? Is this some research that you would like me to include as part of the project? Vernon Response The City is not sure if each individual street sign meet the capitalization threshold. Please discuss with our Public Works Department and estimate an average if the detail records are not available. Question 19: For storm drain lines,and for catch basins,the County website says they own most of the lines and catch basins.Will the City confirm this and confirm that these lines do not need to be part of the project? Vernon Response The City will confirm which storm drain lines and catch basins are owned by the County or the City. Question 20: For traffic signals,these should have been recorded each year with the annual CAFR preparation, were they not? Vernon Response City's fixed asset records are up-to-date for GAAP financial reporting purposes in terms of dollar values but location infornation are not. Question 21: For trees,does the cost of each individual tree meet the capitalization threshold?Are they already being capitalized in a bulk amount? Vernon Response The City is not sure if each individual tree meet the capitalization threshold. Please discuss with our Public Works Department and estimate an average if the detail records are not available. 4 CITY OF VERNON REQUEST FOR PROPOSALS INFRASTRUCTURE VALUATION IN ACCORDANCE WITH GASB 34 AND 51 ADDENDUM#2 June 21,2016 This addendum is forwarded to provide a response to written questions for RFP—Infrastructure Valuation in Accordance with GASB 34 and 51. Please email William Fox at wfoxP_ci.vernon.ca.us if you have any questions regarding this Addendum. Question 1: Is there an e-mail address to which we can submit an electronic copy? The RFP states on page 7, "3.Provide one(1)unbound original or your firm's response and one electronic version(via email to[insert email contact])"and there is no e-mail address in the RFP. Vernon Response For the electronic copy submission,please use wfox@ci.vemon.ca.us Ouestion 2• The"Submission Documents"package is referred to in the RFP, but does not appear to be included in the RFP document or on the City's bid website. The RFP states on page 6: 7. OTHER REQUIRED SUBMISSION DOCUMENTS: Each Bidder is required to submit, in addition to those listed in items 4,the documents included in the Submission Documents package. These include: a. Cost Proposal -(form included; Bidder to provide a single copy in sealed envelope) -Although cost is not the sole detennining factor City will use to select a Finn; cost is an important part of the proposal and shall be considered when determining the winning bid. b. Liens,suits or judgments-submit notarized statement on the firm's letterhead, indicating a description of any disputes,suites,judgments and liens during the past two(2)years. If this is not applicable,then so state. Vernon Response Please submit your best cost estimate and disregard the form mentioned under 5.A.7.a. Question 3• In the RFP paragraphs referenced in Question 2,a Cost Proposal form is said to be included,but cannot be found in the RFP document. Vernon Response Please submit your best cost estimate and disregard the form mentioned under 5.A.7.a. Question 4: 1 When providing our e-mail submission,should we provide the Cost Proposal as a separate file, since it is supposed to be in a sealed envelope in the hard copy submission? Vernon Response Please do not include your cost estimate in your e-mail submission. Please submit your cost estimate in a sealed envelope in the hard copy submission. Question 5• There appear to be two sets of instructions guiding what is to be included in the proposal,one beginning on page 5 of the RFP, beginning with"1. EXECUTIVE SUMMARY/INTRODUCTION"and ending on page 6 of the RFP with"T OTHER REQUIRED SUBMISSION DOCUMENTS."The second set of instructions begins on page 7 of the RFP starting with`B. Cover Letter"and ending on page 8 of the RFP with"H. Affidavit of Non- Collusion". Is there a preference as to which set of instructions the proposal structure should follow? Vernon Response The qualifications to be used to evaluate responses are listed under 5. The format and delivery of response are listed under 6. 2 EXHIBIT B PROPOSAL 16 a �* 1 Lt ix Request for Proposals for: Infrastructure Valuation in Accordance with GASB 34 and 51 via Submitted to: City of Vernon INS E IL Submitted on: June 30, 2016 r,-P-5, n1i a Epic Land Solutions, lnc.4000 { 'I Corporate Office 2601 Airport Drive Suite 115 Torrance,CA 90505 310-626-4848 Main 310-891-3348 Fax Contact: D.Michael Mason,MAI,SRA Chief Appraiser mike.mason@epicland.com www.epiciand.com Epic Land Solutions, Inc.+ 2601 Airport Drive,Suite 115 Torrance,CA 90505 Phone: (310)626-4848 Fax: (310)891-3348 June 30, 2016 City of Vernon Attention:William Fox, Finance Director 4305 Santa Fe Avenue Vernon,CA 90058 RE: City of Vernon Request for Proposals(RFP) Infrastructure Valuation in Accordance with GASB 34 and 51 Dear Mr. Fox, Epic Land Solutions, Inc. (Epic) is pleased to submit our response to the RFP for the City of Vernon's (City) Infrastructure Valuation in Accordance with GASB 34 and 51 project(Project). Epic is a full service right of way and real property consulting firm with a strong appraisal and GIS team to serve the needs of this project.We believe our combination of comprehensive appraisal services by experienced appraisers and technological innovation will best fulfill the City's infrastructure valuation goals. • Epic Land Solutions, Inc.'s headquarters are located at 2601 Airport Drive,Suite 115, Torrance, CA 90505, 310-626-4848 • The contact for this proposal is D. Michael (Mike) Mason, MAI, SRA, Chief Appraiser, 2601 Airport Drive, Suite 115,Torrance,CA 90505, 310-986-2264, mmason@epiciand.com • Epic certifies that this proposal shall remain valid for a period of not less than ninety(90)days from the date of submittal. • Epic intends to use subcontractor Desmond, Marcello&Amster, LLC to perform any needed furnishings,fixtures and equipment(FF&E)appraisal services for this contract. We look forward to the opportunity to work with you on this and future endeavors. Sincerely yours,, Jat es L.Overcamp,Jr.,SR/WA Vice President CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD www.EpicLand.com i Executive Summary/ Introduction .�4 OUR PASSION: Epic Land Solutions, Inc. (Epic) is a full service right of way and LAND SOLUTIONS FOR THE real property consulting firm that was founded in 2000 as a PUBLIC GOOD California Corporation and today holds business licenses in California,Oregon, Nevada and Washington. Epic has been performing work in Southern California for more than 15 years. Our California offices are in Los Angeles, Riverside and San Diego.We also have operations in Portland,Ore.,Spokane,Wash.and Las Vegas, Nev.While we manage our projects locally,we are able to tap expertise from across our organization as one team focused on superior client service,pursuing our goal of helping our clients create land solutions for the public good. THOROUGH UNDERSTANDING Epic understands that the scope of work requires appraisal of OF THE SCOPE OF WORK a wide range of infrastructure as well as the ability to provide information in a manner that is compatible with the City's GIS System. Epic has the resources and technical skill to provide comprehensive appraisal and valuation of the City's infrastructure assets,grouping them by networks and sub-systems, and to prepare an Infrastructure Asset Listing to be maintained by the City's Public Works Department. Epic will perform this work in compliance with GASB Statement #34 and#51. THE EXPERTISE TO ENSURE Epic's team features highly qualified staff who are PROJECT SUCCESS experienced in a wide range of valuation,which will be directly applicable to the City's infrastructure valuation. Epic's appraisal group, led by Chief Appraiser D. Michael (Mike) Mason, has the experience to provide targeted, in-depth investigations on a variety of properties and assets. Mike holds an MAI designation from the Appraisal Institute, which he earned through his education and experience in the valuation and evaluation of commercial, industrial, residential and other types of properties,and which qualifies him to advise clients on real estate investment decisions. He also holds an SRA designation,earned for his expertise in the analysis and valuation of residential real property. FLEXIBILITY TO SUPPORT ALL As a project-based consulting business, Epic's success relies PROJECT NEEDS on our ability to adeptly manage complex projects and to predict and adapt to changing resource needs. Epic has management systems that allow us to quickly place the most appropriate resources where they are needed to fully support our clients' projects. Our outstanding key personnel can call on resources throughout Epic's offices for any unique expertise or additional support necessary. Epic Land Solutions,Inc. 1 GIS SUPPORT Epic will be able to make the most of the work the City has invested in cataloging its infrastructure assets in a GIS. Using asset type designations assigned in the GIS, appraisers will be able to group assets into meaningful categories and systems, allowing resources to be assigned to assets similar in type or in similar geographic locations.This will result in the most efficient possible approach to valuing all of the City's infrastructure. In addition, information captured by appraisers during the valuation process can be input directly into the GIS via web or mobile interface,allowing the City to grow the information stored about all of its assets. Finally, appraisers can update the status of their valuations as they complete them, providing the City with a means of tracking the progress of the valuation effort in real time. COLLABORATING WITH OUR Epic will also use the resources of our experienced appraisal SUBCONSULTANTS subconsultant, Desmond, Marcello&Amster, LLC(DM&A)to provide any necessary furnishings,fixtures and equipment (FF&E)appraisal services,such as appraisal of streetlight fixtures,traffic signals and other such items. KNOWLEDGE OF THE AREA Epic's team members have a proud history providing real AND RELEVANT EXPERIENCE property services in the greater Los Angeles area and working with many regional agencies and municipalities, including the City Vernon, in Southern California. CLIENT SERVICE EXCELLENCE Epic has an outstanding reputation for timely, accurate work. We understand that responsive service and unwavering support of our clients is the only way to deliver to our standards and to our clients'satisfaction.We are glad to take on the challenges that are inevitable in today's fast-paced business environment.At Epic,we find that any challenge can be overcome—or even turned into an opportunity—when we apply teamwork and innovation.As one client remarked: "My kudos to you for a job well done. 1 gave you an almost unrealistic time frame to complete the land only appraisal with about a one-week turn around.Somehow you found a way to have the appraiser commit to the work and you followed through as promised. 1 appreciate the creativity, speed, and effort to complete this task. Please extend my thanks to those involved. Great job!" —Jeff Hitch,City of Murrieta Epic Land Solnlions,Inc./ 2 f c. Qualifications Epic Land Solutions, Inc. (Epic)certifies the following information relative to our team's composition,qualifications and experience: a. Epic's team meets the independence requirements of Government auditing standards. b. Epic's team does not have a record of substandard work on similar assignments. c. Epic's team meets all local and state qualifications to perform this type of engagement. Cat Ut11�Yt�rU��, !r�., stYu�tuY V�GuGIr.�Ua^- Organization PersonnelKey Organizational Layout and Staffing Epic's organization and staffing is streamlined to ensure cost effectiveness, but robust enough to cover all project needs.As a project-based consulting firm, Epic has in place management practices and systems that allow us to scale project resources up or down according to the project's needs. Epic's organization and staffing for the City of Vernon's Infrastructure Valuation project is depicted below. City of Vernon I Chief Appraiser Project Support D. Michael Mason, MAI,SRA Roy Gray I Senior Appraiser Senior Manager,Tangible Assets GIS Manager Vaughn Hosmann, (FF&E Appraiser) BJ Swanner SR/WA Marcus Pigrom l DM&A GIS/IT Team Senior Appraiser I Olivia Jenkins Kent Carpenter, MAI FF&E Project Support Kelsey Kaszas DM&A Kwa n Lu u Tyler Walch Epic Land Solutions,Inc. 3 a. Brief history of organization, including size and any specialty areas Since its founding in 2000, Epic has been providing right of way and real property consulting services to a wide range of public and private clients in Southern California. Having expanded operations into Oregon,Washington and Nevada, Epic has a growing staff of more than 70 employees, including licensed appraisers, real estate brokers and real estate salespersons. Epic's appraisal group, led by Chief Appraiser D. Michael (Mike) Mason, MAI,SRA,works independently within the Epic organization to ensure complete objectivity and impartiality for all appraisal opinions and conclusions. Epic also supports its projects with an in-house team of GIS and IT professionals,who have developed software specifically to support real property projects involving hundreds or even thousands of assets.These two specialty areas,appraisal and GIS/IT, will provide a distinct advantage to the City's infrastructure valuation, combining appraisal knowledge with technological solutions to ensure an efficient and effective project. b. Background organization data, including financial references Epic Land Solutions, Inc., is a California Corporation founded in 2000, and is in solid financial health with no bankruptcies, liens or judgments against the firm. c. Particular expertise or involvement in the industry Epic Chief Appraiser D. Michael (Mike) Mason, MAI, SRA is highly involved in the appraisal industry and shares his expertise by teaching courses through the Appraisal Institute and other higher learning venues. His teaching, lecturing and authorship experience includes: • Faculty for the Appraisal Institute.Courses taught include Principles of Real Property Valuation, Residential Valuation, Basic Valuation Procedures, Residential Case Studies and Report Writing, Advanced Sales Comparison and Cost Approach, Uniform Standards of Professional Practice and the Code of Ethics—1986 to date • Part-time Faculty at the University of Southern California, Finance, Business and Economics Department teaching the undergraduate course in real estate appraisal (FBE-465)and development(FBE 466). 1997 to 2003 • Developed the seminar, USPAP Update—1992 ® Developed the seminar, OREA State Laws and Federal Regulations—1992 ® Lecturer,Apartment Seminar sponsored by Southern California Chapter Number 5 of the American Institute of Real Estate Appraisers—1988 • Teacher, Beginning Real Estate Appraisal Course, University of California at Los Angeles Extension Program—1985 to 1988 ® Developed the course titled Residential Case Studies and Report Writing for the American Institute of Real Estate Appraisers—1988 ® Lecturer, Computer Seminar sponsored by Southern California Chapter Number 5 of the American Institute of Real Estate Appraisers—1982 d. Municipal experience The members of Epic's appraisal team have served a long and distinguished list of municipalities throughout their careers.A sampling of their experience with cities in the region includes: Epic Land Solutions,Inc. 4 • Hesperia • La Mesa • Los Angeles • Pasadena • Irvine • Long Beach • National City • San Diego _ -- General Scope of • Epic has thoroughly read the RFP requirements and we understand the general scope of work for the City of Vernon's Infrastructure Valuation project. Upon project award,we will work with the City to deepen our understanding and further refine scope specifics. Epic understands that the scope of work requires appraisal of a wide range of infrastructure as well as the ability to provide information in a manner that is compatible with the City's GIS System. Epic has the resources and technical skill to provide comprehensive appraisal and valuation of the City's infrastructure assets,documenting the City's actions regarding the adequacy of their present documentation, determining their grouping by networks and sub-systems, and determining the historical cost, useful life, and accumulated depreciation based on available documents. Finally,we are to prepare an Infrastructure Asset Listing to be maintained by the City's Public Works Department. Epic will perform this work in compliance with GASB Statement#34 and#51. C;Lr`!,� L?� L�G'l't�L(!iL (l�t fYGIS�YLLGt-LCYG° l�G?CCZGI�I.U�r Ian r � Work P In preparing our work plan, Epic has broken the work in to specific steps, assigning responsibility and oversight to specific team members.We will work with the City to further refine these steps and ensure that they meet the City's needs and can be accomplished within the contract's six- month span, unless extended by the City. Step 1: Project Kickoff Epic will coordinate closely with the City,starting with a project kickoff meeting,and continuing with an agreed-upon schedule of meetings throughout the project.The kickoff meeting will provide a forum for introducing the project team, reviewing project assignments, and clarifying expectations. Epic will establish with the City a regular reporting schedule,and provide interim Epic Lund Solutions,Inc. 5 reports or milestone reports as agreed upon throughout the project. Epic's chief appraiser will be available to communicate with the City as needed throughout the project. Step 2: Identify GIS and IT Requirements Epic's GIS and IT Teams, led by GIS Manager BJ Swanner,will initially meet with the City's GIS department to understand how existing infrastructure asset information is stored.Special attention will be paid to data fields that will be useful to appraisers as they perform their valuations.Additionally, any logical groupings of assets that already exist within the geodatabase will be noted.This will also be an opportunity to discuss with the City any other meaningful groupings that may be created specifically to assist the valuation process. For example: Each asset may have an existing"Type"designation in the GIS such as"Right of Way"or"Utility".These may be further broken down by more specific designations where assets of type"Utility" may be have the sub-types"Water Line", "Sewer Line", "Storm Drain"etc. However,it may be prudent to assign further classifications based on (for example)where the facility is required to be reported under GASB 434 and#51. In additional to determining logical groupings and systematic classifications of assets, organization into geographically similar features will allow the appraisal team to be most efficient with their field reviews. Mike, Epic's Chief Appraiser,will be able to evaluate all of the assets to be valued and make assignments based partly on geographic proximity. The City may choose to add the additional fields identified above as well as any other fields identified at the initial meeting directly to their geodatabase.They may also choose to provide a backup of spatial data to Epic to be restored on Epic's own servers to prevent unwanted information from being incorporated into their schema. In such a case, Epic will work with the City to obtain the backup using the appropriate storage media (depending on database size), restore the data to a database instance local to Epic,and verify that the integrity of the spatial data has been maintained. One advantage to obtaining a copy of spatial data for Epic's servers is that Epic can then deploy GIS data to appraisers using their existing ArcGIS Online infrastructure.This will allow Epic's GIS group to create a custom web map interface to be made available to the appraisal team as well as the City. Based on discussions held at the initial meeting, each asset/network of assets will be made available on the web map as well as relevant information about those features.This will allow appraisers direct access to the information from their workstations or from the field. In addition to publishing information about assets that may be useful to the appraisal team, additional fields created specifically for gathering information may be included in the web map's attribute table.This will allow appraisers to document information about the assets being valued directly in the GIS. Relevant fields may include reporting requirements under GASB#34 and#51, the condition of the asset as it may relate to depreciation,estimates of an asset's useful life,etc. Where appropriate,data domains will be established for these fields,thereby restricting the type of user input and helping maintain data integrity. In other cases, it may be advisable to provide free text entry fields to allow room for comments and discussion. One of the most effective means of allowing appraisers to collect information in the field is by using mobile devices in conjunction with the ArcGIS Collector App. Collector provides a robust platform onto which the GIS team can build a custom interface specific to the needs of the City's Epic Land Solutions,Inc. 6 valuation project.Another advantage of Collector is the ability to cache data on the mobile device, preventing the need for a constant mobile data connection.This means the appraisal team can work uninterrupted, inputting data from the field and the syncing up with the server upon returning to the office.Whether data is cached on the devices or synced up immediately, information will never go more than one business day without being synced to minimize the probability of data loss.A final added benefit of Collector is the ability to capture pictures in the field. Pictures taken with the mobile device are uploaded to the database where they are associated with the asset and can be referenced at any time or included in reports. At the conclusion of the project, all GIS data collected and created by the appraisal team during the course of their valuations will be turned over to the City.They may choose to retain certain information in their GIS where it adds value and archive/destroy other data that is not immediately useful. Epic will provide complete metadata for all added fields to optimize the re- import of spatial data into the City's database. Step 3e Valuation Of Infrastructure Infrastructure Appraisal Epic's appraisal team has extensive experience in valuing the infrastructure for all property types including residential, commercial, open space and unimproved/undeveloped property. This wide range of experience will directly support the accuracy and timeliness of the valuation process for the real estate and FF&E which makes up the infrastructure. Epic's appraisal team is familiar with the definition and concepts of fair market value as used in California courts, and the definition and concepts of fair market value as defined in iRS regulations,section 20.2031-1(b).All appraisal assignments begin with a proper approach to understanding the appraisal problem based on specific identifications,which must be made.These identifications are made based on communication with the client, with the City and the appraiser working closely to insure proper understanding of the appraisal problem and service to be performed.These basic identifications include: 1 The client and any other intended users of the appraisal service. While the client will typically be the City, there could be other intended users of the appraisal such as an outside engineering team,outside counsel, acquisition agents, business/goodwill appraisers, etc. 2 The intended use of the appraisal service. These intended uses could be acquisition through condemnation, acquisition through friendly negotiation, sale of excess property, leasing of the City-owned property, etc. 3 The type and definition of value. Generally, this will be the definition, which comes from the California Code of Civil Procedure, Section 1263.320. However,the appraiser will work with the City to determine if another,more appropriate definition should be used for the intended use. It can also include a definition of fair market rental value if a lease is involved. 4 Effective date of the appraiser's opinions and conclusions(date of value).This could be the date of inspection, the date of deposit of just compensation with the State Condemnation Fund, or another date, which the City has determined is appropriate. Epic land Solutions,Inc. 7 5 Relevant property characteristics including location,physical, legal and economic characteristics, and the property interest. These characteristics will emanate from the inspection, review of public records,title reports, underlying title documents,etc. 6 Assignment conditions such as extraordinary assumptions or hypothetical conditions. These conditions could relate to property condition if the date of value is retrospective, or the value could be based on the condition that the public improvement project has been constructed. In no event will an extraordinary assumption of hypothetical condition be used without the prior, written authorization of the City. 7 Scope of work. The scope of work will be agreed upon by the City and Epic. The scope of work will be summarized within the appraisal report ensuring that all parties have a full and complete understanding of the service to be performed. Once these identifications are made,the highest and best use conclusion is formed and data can be gathered to apply the appropriate approaches to value.These approaches are the sales comparison, cost and income.The appropriate approach(es)will be dictated by the identifications,which were previously made. The final step is reconciliation of the various indications of value into a single estimate.After the appraisal has been performed, an appraisal report,which conforms to the Uniform Standards of Professional Appraisal Practice, is provided. To insure a thorough analysis, Epic subscribes to all available sources of data for completion of appraisal assignments including RealQuest Pro, Land Vision,AIR and SoCal MLS, Costar and Loopnet, as well as county and city websites for zoning, general plan,and other public information related to appraisals. FF&E Appraisal In preparing this comprehensive valuation, DM&A will: • Identify and physically inspect the city's infrastructure assets; ® Classify and determine the grouping of the infrastructure assets by networks and subsystems; ® Determine the historical cost, useful life, and accumulated depreciation based on available documents, if information is unavailable we will provide an estimate; • Interview City staff regarding the location, quantities, and history of the infrastructure assets owned; ® Utilize generally accepted valuation methodology to determine the fair market value of the appropriate items; and • Appraisal procedures will be guided by the Uniform Standards of Appraisal Practice(USPAP) and the Governmental Accounting Standards Board (GASB)Statement#34 and#51. Step 4: Assembling the Infrastructure Asset Listing Throughout Step 3: Valuation of Infrastructure, Epic's team will have updated the GIS database with information on assets,grouped by networks and sub-systems as much as possible. Therefore,the final assembly will only require that proper valuation techniques for each class of asset be applied. These techniques will include an analysis of current reproduction costs, an analysis of depreciation including any estimate of estimated useful life. For the real estate appraisals of the rights of way will also include an across-the-fence analysis which places value on Epic Land Solutions,Inc. 8 the right of way configuration and use.All appraisals will be performed in accordance with the Uniform Standards of Appraisal Practice which is promulgated by the Appraisal Foundation. The final Infrastructure Asset Listing will document the City's decisions and actions including: 1. Identifying the infrastructure assets required to be reported under GASB#34 and#51 and the adequacy of present documentation for those assets. 2. Determining the grouping of the infrastructure assets by networks and subsystems for reporting,when applicable. 3. Determining the historical cost, useful life, and accumulated depreciation based on available documents. In the absence of historical records,will contain a reasonable estimate of historical cost, useful life and accumulated depreciation in accordance with GASB Statement #34 and#51. /411, Fees • Costs As specified in the RFP,fees and costs are provided in a separate sealed envelope. Git� 0�1'�Yt2Ovti fD21t'�lStYt.�G�l-�YG' 1lGl��lrr7�"GC��? I Ability of Proposer to Perform Staff Qualifications Epic's appraisal team has extensive experience in all property types including infrastructure, residential, commercial, open space and unimproved/undeveloped property.As licensed appraisers in the State of California, Epic's appraisal team will provide services in compliance with USPAP and the Code of Ethics of the Appraisal Institute,as well as all local,state and federal requirements.To serve the City's needs, Epic is privileged to present a seasoned team with a tremendous amount of appraisal experience, most of which has involved substantial interaction with government agencies and knowledge of special funding conditions.Collectively,the appraisal team has 90+years of experience. Epic Land Solutions,Inc.d" 9 Resumes D. Michael Mason, MAI,SRA,Chief Appraiser "a Total Years of Experience: As a third-generation appraiser with more than 34 30 years of experience, Mike Mason's Years with Firm: 1 background spans all areas of real property Education: BS, Business Administration, appraisal, including residential, agriculture, California State University, Los Angeles commercial, industrial and special purpose. He Completed specialized appraisal courses has handled particularly complex appraisals for sponsored by the Appraisal Institute as air rights and aviation, as well as subterranean required for the MAI professional easements. Lecturer,faculty member and former designations. president of the Southern California Chapter of the Appraisal Institute, Mike is well-known for his Completed Appraisal Institute Litigation ability to tailor messages when explaining the Certificate Program intricacies of the appraisal process, whether in Registrations/Certifications: the courtroom,boardroom or community center. Certified General Real Estate Appraiser He has provided services to corporations, California,AGO01673 financial institutions, law firms, and local, state Oregon, C001166 and federal agencies and districts.To help ensure Nevada,A.0206950-CG the integrity of the appraisal profession, Mike has Washington, 1102282 developed academic and industry coursework for Arizona, 32032 topics ranging from property valuation to MAI Designated Member,Appraisal profession standards and code of ethics. Mike Institute joined Epic in January 2015 and heads up the appraisal group, which provides services across SRA Designated Member,Appraisal the company. Please note: The appraisal group Institute works independently within the Epic organization Associations/Organizations: to ensure complete objectivity and impartiality Southern California Chapter of the for all appraisal opinions and conclusions. Appraisal Institute, President(1996) Thomas F. Mason Education Trust Fund, Relevant Experience Southern California Chapter,Appraisal Special Purpose: Theaters, restaurants, rights of Institute, Former Trustee way, easements, airports, special studies measuring the effects on value due to proximity to electrical overhead utility lines and airports. Examples: Six screen United Artist Theater in Pasadena;3-mile right of way through Garden Grove;Ontario International Airport;utility line study for Los Angeles Department of Water and Power in Kenter Canyon,Los Angeles;Aviation easements surrounding Fullerton Municipal Airport,Sunrise Convalescent Hospital in Pasadena. Commercial: Neighborhood and community shopping centers,general and medical office buildings, specialty shopping centers, retail stores, department stores, historically significant structures. Examples: Moorpark Town Center, a 125,109-square-foot shopping center with 37 tenants; a proposed 21-story office tower in Costa Mesa;Tanner Market Shopping Center in Pasadena;K-Mart Department Store in Los Angeles;Crystal Court Regional Mall in Costa Mesa. Epic Land Solutions,Inc.,,"' 10 Industrial: Business parks, single-tenant warehouses, loft buildings, multi-tenant warehouses. Examples: Pacifica Industrial Center, Carson; six-story loft building on South Santee Street in the garment district of Los Angeles;339,830 square foot Eastman Warehouse in Signal Hill;two business parks in Flair Park, El Monte. Residential: Single-family residences, condominium units and entire condominium projects, apartments, motels, residential subdivisions. Examples: Skyline Terrace Apartments, a 198-unit proposed apartment complex;a 72-unit Rodeway Inn;a 205-lot residential subdivision in Burbank. Review Appraisal: Shopping centers, office buildings for First Republic Thrift and Loan, Mitsui Manufacturers Bank,City National Bank, Preferred Bank,Trust Bank,First Commercial Bank,the City of Santa Clarita and the FDIC. California High Speed Rail project, Fresno—Bakersfield,Chief Appraiser:Appraisals and in-field appraisal reviews involving partial and full acquisitions for residential,commercial,and industrial properties. Kent Carpenter,MAI,Senior Appraiser Total Years of Experience:33 Kent J. Carpenter has over 30 years of experience in the valuation of residential, commercial, industrial, Years with Firm:<1 agricultural and special purpose properties in California. Education: Bachelor of Science, Prior to joining Epic, Kent worked as Managing Director Financial Planning&Counseling, for the San Diego offices of Hilco Real Estate Appraisal and Brigham Young University Grubb & Ellis Landauer Valuation Services. Additionally, Graduate Courses,San Diego he was a principal at a top San Diego County appraisal State University firm — Lipman, Stevens & Carpenter, Inc. Carpenter's Registrations/Certifications: extensive experience includes expert witness testimony Certified General Real Estate in federal bankruptcy court,San Diego Superior Court and Appraiser, State of California, arbitrations/depositions involving real estate values. License#AG003087 Clients include government entities,financial institutions, Associations/Organizations: accounting firms, insurance companies, law firms, MAI Designated Member, developers and private property owners. Appraisal Institute Relevant Experience Officer, San Diego Chapter of Valuation Specialties: the Appraisal Institute, 2008 . Special purpose • Multi-Family properties • Shopping Centers • Condemnations . Hotels • Agricultural Land o Retail Properties • Partial Interests . Offices • Industrial/Flex Buildings Epic Land Solutions,IncAf 11 Government Clients: • United States Department • Port of San Diego • City of National City of the Interior • San Diego Metropolitan • San Diego Unified School • General Services Transit System(MTS) District Administration(GSA) • County of San Diego • Perris Elementary School • LA County Community • City of San Diego District Development Commission • City of La Mesa Financial Institution Clients: • Teachers Insurance& • Capital Source Lending • City National Bank Annuity Association— • Bank of America • Embarcadero Bank College Retirement Equities • Wells Fargo Bank • Ironstone Bank Fund(TIAA-CREF) • Union Bank • Rabobank • ING (Retirement& • California Bank&Trust • Resmark Equity Partners Insurance Products& • Bank of the West Services) • Metro United Bank Real Estate Clients: • Quadrant Real Estate • BAE Systems • Internal Revenue Service Advisors • Moss Adams Vaughn Hosmann,SR/WA,Senior Appraiser s Total Years of Experience: As an appraiser with more than 25 years of experience ` who is also an accredited senior right of way Years with Firm: 1 professional,Vaughn Hosmann brings unique diligence Education:Associate of Arts and depth of experience to the valuation process. He Degree, Long Beach City College methodically researches and analyzes historical data Fine Arts Program,California State and influencers such as a property's worth based on University, Long Beach economic forecasting and community development plans, as well as the project's impact on the property Registrations/Certifications:Certified General Real Estate value. This holistic approach and Vaughn's seasoned Appraiser, State of California, judgment provide fair,supportable appraisals.Adept at License AG#043068 valuating a broad range of property types—from single and multifamily residential, institutional, agricultural, Designated SR/WA, International Right of Way Association #6522 industrial, and partial interests to special purpose (marinas,airport leaseholds,contaminated properties, Associations/Organizations: and open space,to name a few)—Vaughn has provided Member, International Right of comprehensive appraisal services, including litigation Way Association (IRWA) support, for municipalities, counties, school districts, Member,American Society of transportation authorities, and major financial Appraisers(ASA) institutions. He has been an expert witness for San Bernardino and Los Angeles County superior courts and has also been an appraiser-representative at the Los Angeles County Assessment Appeals Hearing Board. Epic Land Solutions,Inc. 12 He is a member of the International Right of Way Association (IRWA) and the American Society of Appraisers. Relevant Experience California High Speed Rail project, Fresno — Bakersfield, Appraiser: Epic provides acquisition, relocation, appraisals and in-field appraisal reviews involving partial and full acquisitions for residential,commercial, and industrial properties. San Bernardino Associated Governments (SANBAG), 1-15 & 1-215 Devore Interchange Project, Appraiser: Provided appraisals for acquisition of various residential and commercial properties, which involved over 115 partial and full acquisitions. City of Moreno Valley,Storm Drain Project,Appraiser:Provided appraisals for fee acquisitions and easement rights for various parcels to facilitate the installation of a neighborhood underground storm drain project. City of La Habra, Whittier and Beach, Appraiser: Provided appraisals for fee acquisitions and easement rights for various property types to facilitate the expansion and reconfiguration of the primary intersection of Whittier Boulevard and Beach Boulevard. Best, Best and Krieger, Arlington DeSalter Project, Appraiser: Provided appraisal for fee acquisitions for various properties for the construction of a groundwater recharge basin.Valuation involved easement and zoning issues. City of Lancaster-Kaiser Medical Center, 5th Street Creation Project, Appraiser: Provided appraisals for fee acquisitions and easement rights for various parcels to facilitate the creation and construction of the 5th Street West service drive for the proposed Kaiser Medical Center. California High Speed Train (HST), Fresno to Bakersfield segment, Review Appraiser:Acquisition appraisals and in-field appraisal reviews involving partial and full acquisitions for residential, commercial, and industrial properties. Appraisal reviews include special purpose properties (cold storage,service stations,etc.). Riverside County Transportation Commission (RCTC), SR-91 Corridor Improvement Project, Review Appraiser: In-field appraisal review for Partial Acquisition on improved commercial/industrial property. High profile, politically sensitive project to widen approximately 16 miles of active highway through the urbanized area of Corona and the County of Riverside. City of Industry, Walnut Drive widening project, Review Appraiser: In-field and desk review of opposing appraisal reports for litigation support. Epic Land Solutions,Inc.. 13 BJ Swanner, Total Years of BJ Swanner leads Epic's technology services and provides Experience:9 coordination with clients and other project stakeholders Years with Firm:9 in the public and private sectors.He is the key designer of Education: Bachelor of Arts, the company's proprietary cost-estimation and project- Geography, Emphasis in GIS and and property-management systems—collaborative tools Remote Sensing, University of that benefit clients by facilitating efficient,expedited and California, Los Angeles, CA cost-effective project delivery from launch to close out. Registrations/Certifications: His skills include geospatial data synthesis, data analysis, No formal registrations mapping, database management, and software Associations/Organizations: development and implementation. In addition, BJ Speaker,Women of Wind administrates interagency data-management tools such Energy, "The Role of the Right of as SharePoint, ProjectWise and ProjectSolve to allow Way Consultant in Wind collaboration on Autodesk and MicroStation. Articulate, Energy", May 2010 thoughtful and audience-focused, he is proficient at Member, Project Management clearly describing technological capabilities and usage as Institute well as right of way complexities and impacts at PMI-ACP Candidate community outreach meetings. In-house, he plays an essential quality control/quality assurance role. Relevant Project Experience Los Angeles River Ecosystem Restoration Feasibility Study for the City of Los Angeles Department of Public Works, Bureau of Engineering, GIS Manager: The U.S. Army Corps of Engineers, in conjunction with the City of Los Angeles, is planning to restore 11 miles of the Los Angeles River, from Griffith Park to Downtown Los Angeles. Epic performed a gross appraisal that included 78 properties located in the communities of Atwater Village, Los Feliz, Elysian Valley, Cypress Park, Glassell Park,Chinatown, Downtown L.A.and Lincoln Heights.The project encompasses land within the jurisdictions of the cities of Los Angeles, Burbank and Glendale, Los Angeles County Flood Control District, California Department of Transportation, U.S. Army Corps of Engineers, multiple utility companies and others. Applying its proprietary cost estimation technology, Epic used standard industry sources for market data,including RealQuest,CoStar,Multiple Listing Services and LandVision. The project employed Epic's proprietary right of way estimating software, ELSCE, to deliver multiple alignments and modifications quickly and accurately. Riverside County Transportation Commission, Mid County Parkway, Riverside County, GIS Manager: Providing right of way engineering support for proposed 16-mile transportation corridor in Riverside County. Creating a database containing parcel ownership information for the corridor and conducting spatial calculation of project impacts based on engineering design plans.Supported right of way mapping, right of way cost estimates and other studies regarding acquisition cost and relocation impacts needed,making note of unusual circumstances and sensitive issues.Conducting right of way impact analyses in support of Caltrans right of way data sheets, engineering project report and draft/final Relocation Impact Report. Analyses include valuation of impacted property and review of fiscal and economic impacts to project areas. California High Speed Rail, Los Angeles to Anaheim Segment, Los Angeles, Right of Way Representative / GIS Manager: The California High-Speed Rail Authority initiated public scoping, Epic Land Solutions,Inc. 14 open house and other community meetings regarding the first high-speed rail (HSR) system in the nation. Epic has been involved in community outreach, right of way studies and acquisition appraisals for five segments of HSR.Epic is providing comprehensive GIS support for impact analysis and right of way cost estimation,conducting right of way impact analyses in support of Caltrans right of way datasheets, Engineering Project Report and Draft Relocation Impact Report, as well as conducting valuation of impacted property and review of fiscal and economic impacts. SR-710 North Study,Alternatives Analysis, Project Report Preparation & Environmental Studies Documentation, Los Angeles County Metropolitan Transportation Authority, GIS Manager: Epic provided cost estimation and analysis to support the evaluation of traffic congestion solutions between the western San Gabriel Valley and the east/northeast area of Los Angeles.The 12 original alternatives were pared down to five, which required right of way cost estimates including nearly 1,000 parcels. B1's responsibilities included: developed GIS database of properties potentially impacted by proposed transit alternatives; provided impact analysis and cost estimates to support Level II Screening phase of Alternatives Analysis; conducted comparable sales studies using GIS to identify the most geographically and temporally relevant property sales related to the project; conducted right of way impact analyses in support of right of way data sheets, Project Report, Relocation Impact Report, and Environmental Impact Report; performed valuation of impacted properties and review of fiscal and economic impacts to project areas. County of Riverside, 1-215 Median Widening, Riverside, GIS Manager: Creating database to support right of way data sheets and cost estimates for the Project Report/Environmental Document. Using spatial data to provide right of way maps for cost estimation. SR-14& Palmdale Blvd Interchange, PSR-PDS, City of Palmdale, Project Manager: Compiled GIS database of impacted properties based on engineering design. Administrated Epic Land Solutions Cost Estimator (ELSCE) database for project team. Developed Conceptual Cost Estimate— Right of Way Component for multiple alternatives in support of PSR-PDS. Los Angeles County Metropolitan Transportation Authority, South Bay Metro Green Line Extension, Los Angeles,GIS Manager: Providing right of way analysis,including mapping of existing Metro leases and licenses within project area. Performing research of the property and impacts for determination of full or partial acquisition and providing right of way cost estimates. Conducting comparable sales studies using GIS to identify property sales most geographically and temporally relevant to the project. West Santa Ana Transit Corridor Technical Refinement Project,Santa Ana, GIS/IT Manager: Epic conducted research and analysis for Metro's potential new West Santa Ana Transit Corridor,which included creating a matrix of ownerships and existing uses for properties along four alternatives. The matrix included railroad-owned, commercial and industrial properties and included GIS mapping. Epic also assessed the nature of the impacts to properties and determined preliminary cost estimates for the proposed acquisitions. Epic Land Solutions,Inc. 15 Marcus R. Pigrom,ASA,Senior Manager,Tangible Education: BA in Assets, DM&A Business Administration Marcus Pigrom joined Desmond, Marcello&Amster with an emphasis in in 2005 as a fixtures and equipment appraiser and business law and a minor in history, Loyola became Senior Manager,Tangible Assets in 2009. He ' Marymount University, has successfully completed hundreds of appraisal June 2002 assignments in connection with eminent domain proceedings,financial reporting, purchase price Professional Affiliations: allocation, and cost segregation. His appraisal Accredited Senior Appraiser(ASA) experience includes a wide variety of business types of the American Society of in the manufacturing, retail,and service sectors. Appraisers in the Machinery and Representative projects include the appraisal of Technical Specialties discipline mobile homes, industrial machinery and equipment, government owned assets,and water treatment facilities. Marcus has prepared fixture and equipment appraisals for numerous agencies across California including Caltrans, Los Angeles Metropolitan Transportation Authority,City of Hayward, City of Santa Ana Public Works,and Santa Clara Valley Transportation Authority. Having testified at deposition and at trial as an expert witness regarding fixtures and equipment valuation, Marcus assists attorneys with litigation support services in his area of expertise. Prior to joining DM&A, he had more than two years of experience managing plant operations at a local bottling company. Marcus has given presentations to the San Francisco,Sacramento and Fresno IRWA chapters.The subjects of the presentations were Acquiring Commercial Property: When Appraisal and Relocation Issues Overlap and Valuation of Fixtures and Equipment Under Eminent Domain Law. COURT TESTIMONY:Los Angeles Unified School District v. Bono-Pacific View LP, et al. (January 2011), FF&E appraisal of Clinica Popular, Inc. • Marriage of Lakdawala. (September 2013), Machinery and Equipment appraisal of VDP Direct LLC. DEPOSITION TESTIMONY:State of California Department of Transportation v. Renfroe(January 2010, March 2011), FF&E appraisal of Games for Fun • Los Angeles Unified School District v. Ohayon(August 2010), FF&E appraisal of South Coast Towing • Los Angeles Unified School District v. Bono Pacific(September 2010), FF&E appraisal of Clinica Popular, Inc. • Los Angeles Unified School District v. Bono Parkview(September 2010), FF&E Appraisal of Studio Space • State of California Department of Transportation v.Hubbard(September 2010), FF&E Appraisal of H Street Collision Center•State of California Department of Transportation v. Ryder Truck Rental,Inc. (November, 2011), FF&E Appraisal of Ryder Truck Rental, Inc. •State of California Department of Transportation v.Hansen(March 2012), FF&E appraisal of Hansen Truck Stop • Association of California Water Agencies Joint Powers Insurance Authority,et al., vs. The Insurance Company of The State of Pennsylvania, et al./Fatima Itani,et al. vs. The Insurance Company of The State of Pennsylvania And Related Actions(July 2013),Analysis of a personal property appraisal relating to a fire • The People of the State of California,Acting by and through the Department of Transportation v. Carmenita SFS Property,LLC,et al. (August 2013), FF&E appraisal of Halloween Club •State of California Department of Transportation v. Rosewood Properties,et al. (August 2013), FF&E appraisal of a Denny's Restaurant located in San Epic Land Solutions,Inc. * 16 Bernardino, California ®State of California Department of Transportation v. DSJ Equities, et al. (November 2013), FF&E appraisal of an office building located in Norwalk,California 0 State of California Department of Transportation v. Newport Diversified, Inc. dba.Santa Fe Springs Swap Meet. (September 2014), FF&E appraisal of a swap meet located in Santa Fe Springs, California Riverside County Transportation Commission v. Corona Dynasty Suites, Inc. (October 2014), FF&E appraisal of a hotel located in Corona, California a City of Hayward v.American Auto Dismantlers(December 2014), FF&E and auto parts appraisal of an auto dismantler business located in Hayward,California a City of Hayward v.Atlantic B Auto Dismantlers(February 2015), FF&E and auto parts appraisal of an auto dismantler business located in Hayward,California ® City of Hayward v. Depo Auto Wreckers(February 2015), FF&E and auto parts appraisal of an auto dismantler business located in Hayward,California ® Los Angeles County Metropolitan Transportation Authority v. Wilshire Commercial Holdings,LLC(November 2015), FF&E appraisal of a bank located in Beverly Hills, California o Los Angeles County Metropolitan Transportation Authority v. Regent Commercial Moldings, LLC(November 2015), FF&E appraisal of an multi- tenant office building located in Beverly Hills,California ®State of California Department of Transportation v. Outfront Media(February 2016), FF&E appraisal of a billboard located in La Mirada,California Experience and References Epic and DMA are pleased to provide the requested five project descriptions and three references who have firsthand knowledge of the project work. Draft Long Range Management Plan, Community Redevelopment Agency of Los Angeles (CRA/LA) On July 25, 2013,the CRA/LA authorized D. Michael (Mike) Mason and his appraisal team to complete 106 appraisals on CRA/LA owned properties.The city needed to adopt a long-range plan for the properties and meet State mandated requirements for transferring redevelopment agency owned properties.The major concern for the CRA/LA was the appraisals all had to be completed in three weeks.The properties included 55 that were either air space buildings only, subject to operating agreements, subject to Development and Disposition Agreements,were ground leasehold interests or had restrictive covenants.Several of the parcels were street rights- of-way or smaller remnant parcels associated with a redevelopment project. Legal documents had to be read and understood for all the properties,along with title reports and other documents.All appraisals were delivered within the three-week time period and the Long Range Plan was adopted by the city without any issues or problems. Epic Land Solutions,Inc. 17 Appraisal, Irvine Business Complex Sidewalk Project,City of Irvine,CA Let by Chief Appraiser D. Michael (Mike) Mason, Epic's REFERENCE appraisal team is providing appraisal services for 30 assessor Rudy Romo parcels for the purpose of providing sidewalks in the Irvine Senior Project Manager Business Complex. Of the 30 assessor parcels, only seven City of Irvine require a permanent taking.The other properties have only 1 Civic Center Plaza temporary construction easements either for the construction Irvine,CA 92606 of the sidewalks or tree removal,tree replacement and/or tree 949-724-7303 trimming. In all seven cases,the areas to be acquired for this rromo@cityofirvine.org project are smaller, and are located within landscaped,front setback areas.There will be construction contract work to remove and replace trees, reset private signs, reconstruct private walkways, reconstruct driveway approaches, restore landscaping and adjust irrigation systems. Because the buildings, parking and vehicular access are not affected on any of the properties,the analysis is limited to a land value analysis only.This is helping the city control costs and complete the project without undue delay. Barren Ridge Renewable Transmission Project, Los Angeles Department of Water&Power (LADWP) On February 9, 2014,a response to an RFP was submitted for two 45-property segments(TORP 19 and TORP 20) of an extensive right of way project. The project extends from Mojave in Kern County to Santa Clarita in Los Angeles County. On February 24, 2014, D. Michael (Mike) Mason, MAI, SRA was notified of selection to provide the appraisal service and on March 11, 2014,the LADWP sent the Notice of Decision to Appraise letters to the property owners. Seventy-five days were allowed to complete the 90 appraisals,or until June 24, 2014. On March 30, 2014, Mike's team submitted its initial drafts of 35 appraisals. By May 30, 2014, all appraisals had been submitted. The assignment included about half the properties as partial acquisitions and the other half as full acquisitions. The properties were essentially smaller 2.5-to 5.0-acre parcels located along an existing LADWP right of way. Of the five appraisal companies contracted to perform the assignment, Mike's appraisal team was the only team to complete their appraisals early, helping to ensure that the project could be completed on time. Epic Land Solutions,Inc. 18 City of Pico Rivera Annual Financial Report,City of Pico Rivera, CA Scope: Fixtures and Equipment appraisals and Vehicle REFERENCE appraisals Ms.Amelia Toledo Interim Director of Finance • Inventoried and inspected the furniture,fixtures and equipment and vehicles owned by the City of Pico Rivera City of Pico Rivera • Performed market research to develop an opinion of fair Accounting Division market value for the fixtures and equipment,and vehicles 6615 Passons Blvd. . Collaborated with Pico Rivera employees to ensure that all Pico Rivera,CA 90660 necessary assets were located and included in the appraisal (562)942-2000 Similar Scope and Complexity Elements: • Project required the application of fixtures and equipment appraisal techniques and processes and familiarity with GASB accounting standards Project Date: 2009 F&E Project Manager/Appraiser: Marcus Pigrom Quail Lake Water&Waste Water Treatment Facility, Fresno County Dept.of Public Works and Planning,Clovis, CA REFERENCE Scope: Fixtures and Equipment Appraisals Kenneth R. McBay, MAI, . Inspected and inventoried the furniture,fixtures and ARA,SR/WA equipment of the water facility. Principal y Co. • Prepared an appraisal report containing opinions of value for K.R. McKa P.O. Box the furniture,fixtures and equipment of the water facility. Turlock, CA 95381 • Collaborated with the real estate appraiser and the business (209)634-0402 appraiser to avoid duplication of compensation. kennethmcbay@krmcbayco. Similar Scope and Complexity Elements: com • This project was prepared for public works/water administration purposes. • The subject assets included intricate water equipment and systems. The appraiser applied his experience and skills to complete detailed industry and asset-specific research. • This appraisal assignment included unique issues where subject assets potentially overlapped with the real estate appraiser's assignment. The appraiser applied extensive experience and effective communication to ensure that there was no duplication of exclusion of assets between the real estate and fixtures and equipment appraisals. Project Date: 2014 F&E Project Manager/Appraiser: Marcus Pigrom Epic Land Solutions,Inc.**' 19 I I CLtg o(verv►.ov2. /vi fiv tnccture valuation, Required Forms Affidavit of Non-Collusion A signed Affidavit of Non-Collusion is provided following this page. Notarized Statement A notarized statement in response to paragraph 7.b.on page 6 of the RFP is provided following the Affidavit of Non-Collusion. Acknowledgement of Addenda Epic acknowledges receipt of Addendum 1 and Addendum 2 to the RFP. Epic Laud Solutions,Inc./ 20 AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) James L. Overcamp,Jr.,SR/WA _, being first duly sworn deposes and says that he/she is Vice President - — (hisert"sole Owner","Partner',"President,"Secre(ary",or other proper title) of Epic Land Solutions,Inc. (Insert name of bidder) who submits herewith to the City of Vernon a bid/proposal; That all statements of fact in such bid/proposal are true; That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership,coinpany,association,orgatization or corporation; That such bid/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 reading of bids/proposals,said bidder: a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/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 bid/proposal,or that anyone should refrain from bidding or withdraw his/her bid/proposal; C. Did not,in any manner,directly or indirectly seek by agreement,communication or conference with anyone to raise or fix the bid/proposal price of said bidder or of anyone else,or to raise or fix any overhead,profit or cost element of his/her bid/proposal price,or of that of anyone else; d. Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof,or to any individual or group of individuals,except the City of Vernon,or to any person or persons who have a partnership or other financial interest with said bidder in his/her business. 10� trCv zlder penalty of lterlfi y t'nt the above it formation is correct l Vice President By:_ _! 1 � ,.�(. ram-- .r .- ,, Title. I `s Date: lC 06-17-16 f1 1 March 2013 Epic Land Solutions, Inc.04101 2601 Airport Drive,Suite 115 Torrance,CA 90505 Phone: (310)626-4848 Fax: (310)891-3348 June 28,2016 City of Vernon Attention:William Fox, Finance Director 4305 Santa Fe Avenue Vernon,CA 90058 RE: City of Vernon Request for Proposals(RFP)Infrastructure Valuation in Accordance with GASB 34 and 51,Notarized Statement Dear Mr. Fox, Following is Epic Land Solution, Inc.'s (Epic) notarized statement on company letterhead, in response to paragraph 7.b.on page 6 of the RFP. An individual relocated as part of a project filed a lawsuit against Epic in the San Diego Superior Court. The individual is not represented by an attorney and the court rejected the previous two attempts at filing. The amount is not specified,but will not exceed$10,000. Epic's attorney filed a demurrer based on failure to state a cause of action, uncertain, ambiguous, and unintelligible. The hearing on the demurrer is September 30, 2016.We view this as a nuisance suit and it is our belief that the judge will dismiss the summons without leave to amend.No potential outcome of this case would adversely affect Epic's financial position.There are no other litigation cases or settlements in the last 2 years. Please see attached California Jurat notary form. Sincerely, Jams L. Overcamp,Jr.,SR/WA Vice President CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD www.EpicLand.com California Jurat A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles S.S. Subscribed and sworn to (or affirmed) before me on this 2c day of 5✓N� , 201, by �,�3n�Es L. LKQ#&10- .-yp , Name of Signer(1) Name of Signer(2) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. JESUS ORTIZ L JE81 d COMM.#2141 A01 t. ,;� g0MM*21419101 Notary Public-California N. pjiYlic.Calffofnia LOS ANGELES COUNTY A ES COUNTY my Comm.Exp.Feb.9,2020 C Feb. 2020 :i Signature of No ooublic Seal OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this jurat to an unauthorized document and may prove useful to persons relying on the attached document. -- Description of Attached Document Method of Signer Identification The preceding Jurat is attached to a document Proved to me on the basis of satisfactory evidence: titled/for the purpose of Lj Ty al V614YJI� ❑form(s)of identification ❑credible witness(es) Pd= containing_ pages, and dated Notarial event is detailed in notary journal on: Page##_ Entry The signer(s)capacity or authority is/are as: ElIndividual(s) Notary contact: ❑ Attomey-in-fact other ❑ Corporate Officer(s) ❑Additional Signer ❑ signer(s)Thumbprints(s) EXHIBIT C SCHEDULE 17 ti4 i _ f r IV I Request for Proposals for: Infrastructure Valuation in Accordance with GASB 34 and 51 COST PROPOSAL Submitted to: City of Vernon Submitted on: June 30, 2016 E, ' Epic Land Solutions, Inc. Corporate Office 2601 Airport Drive Suite 115 Torrance,CA 90505 310-626-4848 Main 310-891-3348 Fax Contact: D.Michael Mason,MAI,SRA Chief Appraiser mike.mason@epiciand.com i www.epiciand.com 4 Y EPIC LAND SOLUTIONS, INC. l City of Vernon RFP for Infrastructure Valuation in Accordance with GASB 34&51 June 30,2016 Hourly Not to Exceed EPIC GIS&REAL ESTATE VALUATION Hours Rate Cost Chief Appraiser 120 $250 $30,000 Senior Appraiser 300 $150 $45,000 GIS Manager 75 $150 $11,250 Senior GIS Analyst 155 $100 $15,500 Project Support 150 $75 $11,250 DMA- FF&E Valuation Team Senior Manager, Tangible Assets 175 $175 $30,625 FF&E Project Support Staff 350 $150 $52,500 $196,125 Contingency $19,613 Grand Totals 1,325 $162.82 $215,738 ASSUMPTIONS: Reasonably complete records of inventory of the items to be valued are made available Records regarding historical costs and depreciation are available OTHER DIRECT COSTS: Mileage IRS Rate Postage/Overnight Delivery At Cost Online Data Services At Cost Less: City Negotiated Discount ($40,738) Revised Grand Total Not to Exceed Cost $175,000 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. 18 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. 19 RECEIVED t. , VV SEP 13 2016 �Nf ,,. RECEIVED CITY CLERIC'S OFFICE STAFF REPORT SEP 12 2016 FIRE DEPARTMENT CITY ADMINISTRATION 64 9-L3-� DATE: September 20,2016 TO: Honorable Mayor and City Council FROM: Michael A. Wilson,Fire Chief 114.1�/ad°i Originator: Adriana Ramos,Administrative Secretary RE: Approval of the Second Amendment to Agreement Number C-125491 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon in Connection with the Fiscal Year 2014 Urban Areas Security Initiative Grant Program Recommendation A. Find that approval of the amendment proposed 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. Approve the Second Amendment to Agreement Number C-125491 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon in connection with the Fiscal Year 2014 Urban Areas Security Initiative ("2014 UASI") grant program, in substantially the same form as submitted herewith, and authorize the Mayor to execute documents necessary to obtain additional grant funds. Due to a reallocation of 2014 UASI funds, the City of Los Angeles has approved and increased the City of Vernon's grant funds by an additional $235,684.00. Bacicaround On March 3, 2015, the City Council of the City of Vernon adopted Resolution No. 2015-11 approving participation in the 2014 UASI grant program. The City of Los Angeles approved and awarded $898,507.00 to the City of Vernon's Fire and Police Departments to fund the purchase of chemical, biological, radiological, nuclear and explosive ("CBRNE"), Hazardous Materials and Urban Search & Rescue training and equipment, Physical Security Enhancement Equipment and Personal Protective Equipment. On June 21, 2016 the City Council of the City of Vernon approved the First Amendment to Agreement Number C-125491 of City of Los Angeles Contract between the City of Los Angeles Page 1 of 2 and the City of Vernon, resulting in an increase of grant funding by $1,000,000. The California Office of Emergency Services ("CalOES"), approved a reallocation of 2014 UASI funds, such that the City of Vernon's 2014 UASI funding was increased by $235,684.00, bringing the new total of awarded funds to $2,134,191.00. The proposed amendment has been reviewed and approved as to form by the City Attorney's Department. Fiscal Impact The 2014 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. Second Amendment to Agreement Number C-125491 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon. Page 2 of 2 SECOND AMENDMENT TO AGREEMENT NUMBER C-125491 OF CITY OF LOS ANGELES CONTRACT BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF VERNON THIS SECOND AMENDMENT to Agreement Number C-125491 ("Second Amendment") 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 "Subgrantee" or "Subrecipient"). WITNESSETH WHEREAS, the City and Subrecipient entered into that certain City of Los Angeles Contract Number C-125491 (the "Agreement"), as subsequently amendment, related to the Fiscal Year 2014 Urban Areas Security Initiative Grant ("UASI 14" or the "Grant"), whereby the City agreed to disburse UASI 14 grant funds to Subrecipient in accordance with the UASI 14 approved budget and Subrecipient agreed to use the grant funds to support the development and sustainment of core capabilities as outlined in the National Preparedness Goal by addressing the unique equipment, training, planning, organization, and exercise needs of the Los Angeles/Long Beach Urban Area ("LA/LBUA"), and assisting it in building an enhanced and sustainable capacity to prevent, protect against, mitigate, respond to, and recover from acts of terrorism; such Agreement having a term of September 1, 2014 to July 31, 2016 with an original allocation of UASI 14 grant funds to Subrecipient in the amount of One Million Eight Hundred Ninety-Eight Thousand Five Hundred Seven Dollars ($1,898,507.00), and the execution of said Agreement having been authorized by the Los Angeles City Council (C.F. #14-0820, 11/25/14 & 05/04/16); and WHEREAS, on or about November 24, 2015, CalOES approved a reallocation of UASI 14 funds such that Subrecipient's UASI 14 funding was increased by the amount of One Thousand Nine Hundred Fifty-One Dollars ($1,951.00) for Fixed ("ALPR") Project (the "Fixed ALPR Modification"), such Fixed ALPR Modification having been authorized by Section 14.8 of the Los Angeles Administrative Code ("Section 14.8), and resulting in a total allocated amount of UASI 14 funds to Subrecipient of One Million Nine Hundred Thousand Four Hundred Fifty-Eight Dollars ($1,900,458.00); and WHEREAS, on or about March 7, 2016, CalOES approved a reallocation of UASI 14 funds such that Subrecipient's UASI 14 funding was increased by the amount of One Hundred Fifty-Four Thousand Eleven Dollars ($154,011.00) for Regional Training Prop Equipment (the "First Regional Training Prop Equipment Modification"), such First Regional Training Prop Equipment Modification having been authorized by Section 14.8, and resulting in a total allocated amount of UASI 14 funds to Subrecipient Second Amendment, UASI 14 City of Los Angeles and City of Vernon of Two Million Fifty-Four Thousand Four Hundred Sixty-Nine Dollars ($2,054,469.00); and WHEREAS, on or about July 1, 2016, CalOES approved a reallocation of UASI 14 funds such that Subrecipient's UASI 14 funding was increased by the amount of Eighty Thousand One Hundred and Twelve Dollars ($80,112.00) for Regional Training Prop Equipment (the "Second Regional Training Prop Equipment Modification"), such Second Regional Training Prop Equipment Modification having been authorized by Section 14.8, and resulting in a total allocated amount of UASI 14 funds to Subrecipient of Two Million Fifty-Four Thousand Four Hundred Sixty-Nine Dollars ($2,134,581.00); and WHEREAS, at the end of the term of the Agreement, Subrecipient had failed to expend Three Hundred Ninety Dollars ($390.00) (the "Cost Savings") of its allocated UASI 14 grant funds and, such Cost Savings having been deemed a cost savings by the Mayor's Office (as such term is defined below), Subrecipient's UASI 14 grant allocation was decreased by the Cost Savings amount resulting in a total allocated amount of UASI 14 funds to Subrecipient of Two Million One Hundred Thirty-Four Thousand One Hundred Ninety-One Dollars ($2,134,191.00) (the "Cost Savings Modification"); and WHEREAS, Section 502 of the Agreement provides for amendments to the Agreement; and WHEREAS, the City, through the Mayor's Office of Public Safety ("Mayor's Office"), which has been designated by the City to administer the Agreement and the projects contemplated therein, and Subrecipient each desires to enter into this Second Amendment for the purpose of amending and/or modifying the Agreement to (a) extend the term of the Agreement to reflect the First Grant Extension; (b) increase Subrecipient's allocated Grant funds under the Agreement to reflect the Fixed ALPR Modification, the First Regional Training Prop Equipment Modification, the Second Regional Training Prop Equipment Modification and the Cost Savings Modification, and (c) make such other changes as are required in connection with the foregoing, all as detailed elsewhere in this Second Amendment and as authorized by Section 14.8; and WHEREAS, this Second Amendment is necessary and proper to continue and/or complete certain activities authorized under the Agreement. NOW, THEREFORE, the City and Subrecipient hereby covenant and agree that the Agreement be amended, effective July 1, 2016, as follows: 1. Paragraph A of Section 301 of this Agreement entitled "Payment of Grant Funds and Method of Payment" is hereby amended in its entirety to read as stated within the quotation marks in the following paragraph: Second Amendment, UASI 14 City of Los Angeles and City of Vernon "The City of Los Angeles shall disburse to Subrecipient its allocated Grant amount of Two Million One Hundred Thirty-Four Thousand One Hundred Ninety-One Dollars ($2,134,191.00) to be used for purchase of equipment, planning, exercises, organizational activities, and training as described in Section 202 above. Such Grant amount represents the amount allocated to Subrecipient in the FY 14 UASI grant budget as approved by the Grantor. The disbursement of such funds shall be made on a reimbursement basis only. Subrecipient shall maintain procedures to minimize the time elapsing between the award of Grant Funds and the expenditure of funds to be reimbursed by such Grant Funds." Such amendment increases Subrecipient's UASI 14 grant funds allocation set forth in the Agreement to reflect the Fixed ALPR Modification, the First Regional Training Prop Equipment Modification, the Second Regional Training Prop Equipment Modification and the Cost Savings Modification. The Budget (as such term is defined in the Agreement) shall be amended accordingly to reflect such modifications and Subrecipient's use of grant funds in connection thereto. 3. Except as herein amended or modified, all terms and conditions of the Agreement shall remain unchanged and in full force and effect by way of this Second Amendment. 4. This Second Amendment may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. This Second Amendment includes four (4) pages which constitute the entire understanding and agreement of the parties with respect to the matters set forth herein. Second Amendment, UASI 14 City of Los Angeles and City of Vernon IN WITNESS WHEREOF, the City and Subrecipient have caused this Second Amendment to be executed by their duly authorized representatives. APPROVED AS TO FORM: For: THE CITY OF LOS ANGELES MICHAEL N. FEUER, City Attorney ERIC M. GARCETTI, Mayor By Deputy City Attorney By Eric M. Garcetti, Mayor Date Date ATTEST: HOLLY L. WOLCOTT, Interim City Clerk By Deputy City Clerk Date APPROVED AS TO FORM AND LEGALITY: For: The City of Vernon, a municipal corporation By City Attorney By Date Date ATTEST: [SEAL] By City Clerk Date City Business License Number Internal Revenue Service ID Number: Council File/OARS File Number: 14-0820 Date of Approval: 11/25/15 City Contract Number C-125491 Second Amendment, UASI 14 4 City of Los Angeles and City of Vernon RECEIVED SEP 13 2016 RECEIVED CITY CLERK'S OFFICE SEP 12 2616 STAFF REPORT CITY ADMINISTRATION FIRE DEPARTMENT -t DATE: September 20, 2016 TO: Honorable Mayor and City Council FROM: Michael A. Wilson,Fire Chief #1-9)) Originator: Adriana Ramos,Administrative Secretary RE: Approval of First Amendment to Agreement Number C-127390 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon in Connection with the Fiscal Year 2015 Urban Areas Security Initiative Grant Program Recommendation A. Find that approval of the amendment proposed 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. Approve the First Amendment to Agreement Number C-127390 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon in connection with the Fiscal Year 2015 Urban Areas Security Initiative ("2015 UASI") grant program, in substantially the same form as submitted herewith, and authorize the Mayor to execute all necessary documents. Due to a reallocation of 2015 UASI funds, the City of Los Angeles approved and decreased the City of Vernon's grant funds by $70,000.00. Background On March 15, 2016, the City Council of the City of Vernon adopted Resolution No. 2016-12 approving participation in the 2015 UASI grant program. The City of Los Angeles approved and awarded $144,599.00 to the City of Vernon's Fire and Police Departments to fund the purchase of chemical, biological, radiological, nuclear and explosive ("CBRNE"), Hazardous Materials and Urban Search & Rescue training and equipment, Physical Security Enhancement Equipment and Personal Protective Equipment. On May 15, 2016 the California Office of Emergency Services ("CalOES") reallocated $70,000.00 of the approved 2015 UASI grant funds to the City of Long Beach Fire Department to fund a contractor that will provide education curriculum for the LA/LBUA region. This Page 1 of 2 amount was originally allocated to the Vernon Fire Department for the purchase of CBRNE equipment. As a result of the reallocation, the total awarded amount of 2015 UASI grant funds was decreased to $74,599.00. The proposed amendment 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. First Amendment to Agreement Number C-127390 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon. Page 2 of 2 FIRST AMENDMENT TO AGREEMENT NUMBER C-127390 OF CITY OF LOS ANGELES CONTRACT BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF VERNON THIS FIRST AMENDMENT to Agreement Number C-127390 ("First Amendment") 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 "Subgrantee" or "Subrecipient"). WITNESSETH WHEREAS, the City and Subrecipient entered into that certain City of Los Angeles Contract Number C-127390 (the "Agreement") related to the Fiscal Year 2015 Urban Areas Security Initiative Grant ("UASI 15" or the "Grant"), whereby the City agreed to disburse UASI 15 grant funds to Subrecipient in accordance with the UASI 15 approved budget and Subrecipient agreed to use the grant funds to support the development and sustainment of core capabilities as outlined in the National Preparedness Goal by addressing the unique equipment, training, planning, organization, and exercise needs of the Los Angeles/Long Beach Urban Area ("LA/LBUA"), and assisting it in building an enhanced and sustainable capacity to prevent, protect against, mitigate, respond to, and recover from acts of terrorism; such Agreement having a term of September 1, 2015 to May 31, 2018 with an original allocation of UASI 15 grant funds to Subrecipient in the amount of One Hundred Forty- Four Thousand Five Hundred Ninety-Nine Dollars ($144,599.00), and the execution of said Agreement having been authorized by the Los Angeles City Council (C.F. #15- 0734, 1/26116); and WHEREAS, on or about March 15, 2016, the California Office of Emergency Services ("CalOES") approved a reallocation of Grant funds such that Subrecipient's UASI 15 funding originally allocated for the purchase of Chemical, Biological, Radiological, Nuclear and Explosives ("CBRNE") equipment in the amount of Seventy Thousand Dollars ($70,000) was reallocated to the City of Long Beach Fire Department to fund a contractor that will provide educational curriculum for the LA/LBUA region (the "Reallocation"), thereby decreasing Subrecipient's UASI 15 grant allocation by the Reallocation amount resulting in a total allocated amount of UASI 15 funds to Subrecipient of Seventy-Four Thousand Five Hundred Ninety-Nine Dollars ($74,599.00) (the "Reallocation Modification"), such Reallocation Modification having been authorized by the Los Angeles City Council (C.F. #15-0734, 5/04/16); and WHEREAS, Section 3.12 of the Agreement provides for amendments to the Agreement; and First Amendment, UASI 15 City of Los Angeles and City of Vernon WHEREAS, the City, through its Office of the Mayor, Office of Public Safety ("Mayor's Office"), which has been designated by the City to administer the Agreement and the projects contemplated therein, and Subrecipient each desires to enter into this First Amendment for the purpose of amending and/or modifying the Agreement to (a) decrease Subrecipient's allocated Grant funds to reflect the Reallocation Modification, and (b) make such other changes as are required in connection with the foregoing, all as detailed elsewhere in this First Amendment and as authorized by the Los Angeles City Council (C.F. #15-0734, 05/04/16); and WHEREAS, this First Amendment is necessary and proper to continue and/or complete certain activities authorized under the Agreement. NOW, THEREFORE, the City and Subrecipient hereby covenant and agree that the Agreement be amended, effective May 4, 2016, as follows: 1. Section 1.2 of this Agreement entitled "Subaward Information and Period of Performance" is hereby amended in its entirety to read as stated within the quotation marks in the following paragraph: "Subrecipient hereby accepts the following subaward ("Subaward") of the Federal award upon the terms and conditions set forth in this Agreement: Subaward amount: $74,599.00 Subaward Period of Performance ("Term"): September 1, 2016 to May 31, 2018 Match Requirement: None The term of this Agreement shall be the "Term" as set forth in this Section 1.2." Such amendment decreases Subrecipient's UASI 15 grant funds allocation set forth in the Agreement to reflect the Reallocation Modification. The Workbook (as such term is defined in the Agreement) shall be amended accordingly to reflect such modification and Subrecipient's use of grant funds in connection thereto. 3. Except as herein amended or modified, all terms and conditions of the Agreement shall remain unchanged and in full force and effect by way of this First Amendment. 4. This First Amendment may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. This First Amendment includes First Amendment, UASI 15 City of Los Angeles and City of Vernon three (3) pages which constitute the entire understanding and agreement of the parties with respect to the matters set forth herein. First Amendment, UASI 15 3 City of Los Angeles and City of Vernon IN WITNESS WHEREOF, the City and Subrecipient have caused this First Amendment to be executed by their duly authorized representatives. APPROVED AS TO FORM: For: THE CITY OF LOS ANGELES MICHAEL N. FEUER, City Attorney ERIC M. GARCETTI, Mayor By Deputy City Attorney By Eric M. Garcetti, Mayor Date Date ATTEST: HOLLY L. WOLCOTT, City Clerk By Deputy City Clerk Date APPROVED AS TO FORM AND LEGALITY: For: The City of Vernon, a municipal corporation By City Attorney By Date Date ATTEST: [SEAL) By City Clerk Date City Business License Number: Internal Revenue Service ID Number: Council File/OARS File Number: 15-0734 Date of Approval: 5/04/15 City Contract Number C-127390 First Amendment, UASI 15 4 City of Los Angeles and City of Vernon v RECEIVED ~� SEP 13 zoos RECEIVED CITY CLERK'S OFFICE SEP Q 7 2016 STAFF REPORT CITY ADMIHI STRATI O N VERNON GAS & ELECTRIC DEPARTMENT q-(P" DATE: September 20, 2016 TO: Honorable Mayor and City Council FROM: Kelly Nguyen, Director of Vernon Gas & Electric Department Originator: Irene Castillo, Account Clerk, Senior RE: Base Contract with Freepoint Commodities LLC for Sale and Purchase of Natural Gas (the "NAESB Contract") Recommendation A. Find that (a) the agreement between the City of Vernon and Freepoint Commodities LLC is not in reference to a "project" subject to the California Environmental Quality Act ("CEQA") under Guidelines section 15378 because it involves the administrative activity of purchasing gas; and (b) even if this approval were a "project" subject to CEQA, the approval requested is exempt in accordance with CEQA Guidelines Section 15301(b), the general rule that CEQA only applies to projects that may have an effect on the environment because purchasing gas is purely a financial transaction, and any construction that may occur by a private party in the future in reliance on this approval would be subject to CEQA review by another governmental agency at that time when actual details of any physical proposal would be more than speculative; and B. Authorize the Director of Gas & EIectrc (as per Resolution No. 9280) to execute the North American Energy Standards Board ("NAESB") contract by and between the City of Vernon ("City") and Freepoint Commodities LLC (--Freepoint") in substantially the same form as attached to the staff report, for the purpose of buying and selling natural gas to or from Freepoint, in compliance with the general terms established in the agreement. Pursuant to Vernon Municipal Code § 2.17.12(A)(6), competitive bidding is not required because this is a contract for gas and/or electrical power for the city's power utility, and it would be commercially unreasonable to procure the gas or electricity through standard bidding or request for proposal procedures. Background The City of Vernon owns and operates a municipal natural gas distribution system for supplying the City's municipal electric system with natural gas and providing natural gas to businesses and industries within the City. On March 19, 2007, Resolution No. 9280 was adopted by the City Page 1 of 2 Council, thereby granting authority to the Director of Gas & Electric to enter into various contracts for the purchase and sale of electric energy, natural gas, and financial hedges, subject to ratification of the City Council. VG&E desires to sell and purchase natural gas to or from Freepoint, under general terms and conditions published by the NAESB. The Director of Vernon Gas & Electric has determined that it is to the City's advantage, and in the public interest of the customers and residents of the City, to enter into a contract with Freepoint for the purchase and sale of natural gas. This agreement constitutes general terms and conditions only and does not obligate the City to enter into a specific purchase or sale transaction; however, the result of fully executing the agreement will provide the ability for the City to transact with Freepoint. The City has similar agreements in place with other counterparties. The key objectives of the agreement with Freepoint are as follows: • To expand the City's counterparty pool • Create an opportunity for better pricing and liquidity • To maximize trading capability Vernon Gas & Electric staff recommends that the NAESB Contract with Freepoint be approved. Attached herewith is a copy of the proposed Base Contract (NAESB) for Sale and Purchase of Natural Gas with Freepoint and supporting documents. The Base Contract (NAESB), Special Provisions, and Municipal Rider have been reviewed and approved by the City Attorney's office. Fiscal Imr}aet The agreement with Freepoint will provide Vernon flexibility to buy and sell natural gas as needs dictate, which could potentially produce a monetary benefit for the City. The exact financial impact of this agreement is unknown at this time. Attach ment(s) 1. Base Contract (NAESB) for Sale and Purchase of Natural Gas between the City of Vernon and Freepoint Commodities LLC including Special Provisions & Municipal Rider Page 2 of 2 Base Contract for Sale and Purchase of Natural Gas This Base Contract is entered into as of the following date: August 24, 2016 The parties to this Base Contract are the following: PARTY A PAR7-YNAM6 PARTY B CITY OF VERNON CA FREEPOINT COMMODITIES LLC Gas& Electric Dept" 58 Commerce Road 4305 Santa Fe Ave. ADDRESS Stamford,CT 06902 Vernon, CA 90058 www.city ofvemon.org auswEss wEBsire www.freepointcom CONTRACTNUMBER 060883022 D-U-N-SO NUMBER 967-963-906 ® US FEDERAL: 95-6000808 ® US FEDERAL: 27-5017798 OTHER: TAX ID NUMBERS OTHER: California JURISDICTION OF Delaware ORGANIZATION Corporation = LLC Corporation ® LLC Limited Partnership Partnership COMPANY TYPE D Limited Partnership Partnership LLP ® Other City of Vernon,a c, LLP E Other: Chartered City and Municipal Coro.of the State of CaWornia _ Not Applicable GUARANTOR Not Applicable (IF APPLICABLE) CONTACT INFORMATION ATTN: Shawn Shanfzadeh 8 Efrain Sandoya! 58 Commerce Road,Stamford,CT 06902 COMMERCIAL ATTN: TEL#: 323-826-1424 FAX#. 323-826-3629 TEL#: 203-542-6000 FAX#: EMAIL: 9sharif9�Ci.vernvrr-ca.us 8 esandovalftimernon.ca.us Eh4A�L 58 Commerce Road.Stamford.CT 06902 ATTN: Shawn Sharrizadeh & Efrain Sandoval TEL#: 323-826-1424 FAXX 323-826-3629 SCHEDULING ATTN: Gas Scheduling Desk TELP 203.642-6000 FAX#: EMAIL: szMW6V ywr:on c&us 8 esandoval i"vernon-ca.us EMAIL: DL-Gas5cheduling(aDfreepointcom _ ATTN: Hema Patel 58 Commerce Road,Stamford,CT 06902 CONTRACT AND ATTN: Leaal Department TEL#: 323-583-8811 Ext292 FAX#: 323-826-1431 LEGAL NOTICES ' TEL#: 203-542-6000 FAX#: 203-724-0906 EMAIL: hpatefOci.vemon.ca.us EMAIL: DL-LegalNodcesftfreepoinicom ATTN: Javier Valdez 58 Commerce Road,Stamford,CT 06902 TEL#: 323-51113-8ft Ed.525 FAX#: 323-826.1431 CREDIT ATTN: Credit Department TEL#: 203-542-6000 FAX#: 203-724-4532 EMAIL: Ivaldez(�ti.vernorr_ta"r�s EMAIL: DL-Credih6fr•eetioointcom _ ATTN: Edwin Ochoa 58 Commerce Road,Stamford,CT 06902 TEL#: 323-583-8811 Ezt 227 EA:f>f4 923929 392 TRANSACTION ATTN: Confirmation Department CONFIRMATIONS TEL#: 203-542-6000 FAX#: 203-724-4924 EMAIL: #pC✓tp Cl,vemort"ea,;s EMAIL: OL-NatGas7eam(e freenoint.com ACCOUNTING INFORMATION ATTN: City of Vernon Treasury Department INt+olces 58 Commerce Road,Stamford,CT 06902 • TEL#: 323-583-8811 Ext: 227, FAX* 323-826-3629 PAYMENTS ATTN: Gas Accounting Department EMAIL:InroieeslRd.vamon.ea.us SETTLEMENTS TELM 203.542.6000 FAX#: 203.724-4924 EMAIL: DL-NatGasTeam reeppint.cam BANK: JP Morgan Chase Bank BANK: East iNes1 Bank WIRE TRANSFER ABA: 021000021 ABA: #322070381 ACCT: NUMBERS 80362791 ACCT:• 937608123 (IF APPLICABLE) OTHER DETAILS: A/C Name: Free point Commodities LLC _O f7lER DETAILS- me Acc _ P _ BANK: BANK., ABA: ACCT.- ACH NUMBERS ABA: ACCT.- OTHER DETAILS: (IF APPLICABLE) OTHER DETAILS:NOT APPLICABLE ATTN. A rTN: ADDRESS: CHECKS ADDRESS: (IF APPLICABLE) Copyright C 2006 North American Energy Standards Board, Inc NAESB Standard 6 3 1 All Rights Reserved September 5, 2006 Base Contract for Sale and Purchase of Natural Gas (Continued) This Base Contract incorporates by reference for all purposes the General Terms and Conditions for Sale and Purchase of Natural Gas published by the North American Energy Standards Board. The parties hereby agree to the following provisions offered in said General Terms and Conditions. In the event the parties fail to check a box,the specified default provision shall apply. Select the appropriate box(es) from each section: Section 1.2 X Oral(default) Section 10.2 ®No Additional Events of Default(default) Transaction OR Additional Procedure - Written Events of Default Section 2.7 X 2 Business Days after receipt(default) Confine Deadline OR Business Days after receipt Section 2.8 :1 Seller(default) Confirming Party OR Buyer X Free point Commodities LLC Section 3.2 X Cover Standard(default) Section 10.3.1 X Early Termination Damages Apply(default) Performance OR Early Obligation _ Spot Price Standard Termination OR Damages Early Termination Damages Do Not Apply Note:The following Spot Price Publication applies to both of the immediat0y precedino. Section 10.3.2 X Other Agreement Setoffs Apply(default) Other Section 2.31 X Gas Daily Midpoint(default) Agreement ® Bilateral(default) Spot Price OR Setoffs Publication OR Other Agreement Setoffs Do Not Apply Section 6 X Buyer Pays At and After Delivery Point(default) Taxes OR Seller Pays Before and At Delivery Point Section 7.2 X 2r Day of Month following Month of delivery Section 15.5 CALIFORNIA Payment Date (default) Choice Of Law OR ❑ Day of Month following Month of delivery Section 7.2 X Wire transfer(default) Section 15.10 X Confidentiality applies(default) Method of Payment Automated Clearinghouse Credit(ACH) Confidentiality OR Check Confidentiality does not apply Section 7.7 X Netting applies(default) Netting OR ❑ Netting does not apply X Special Provisions Number of sheets attached: 3 X Addendum(s): Municipal Rider IN WITNESS WHEREOF, the parties hereto have executed this Base Contract in duplicate. CITY OF VERNON,CA PARTYNAME FREEPOINT COMMODITIES LLC SIGNATURE By: B . Kelly Nguyen I PRINTED NAME Wendy Lewis Director of Gas and Electric TITLE Director Copyright©2006 North American Energy Standards Board, Inc NAESB Standard 6.3.1 All Rights Reserved Page 2 of 13 September 5, 2006 General Terms and Conditions Base Contract for Sale and Purchase of Natural Gas SECTION 1 . PURPOSE AND PROCEDURES 1.1. These General Terms and Conditions are intended to facilitate purchase and sale transactions of Gas on a Firm or Interruptible basis. "Buyer' refers to the party receiving Gas and "Seller' refers to the party delivering Gas. The entire agreement between the parties shall be the Contract as defined in Section 2.9_ The parties have selected either the "Oral Transaction Procedure"or the "Written Transaction Procedure" as indicated on the Base Contract. _ Oral Transaction Procedure: 1.2. The parties will use the following Transaction Confirmation procedure. Any Gas purchase and sale transaction may be effectuated in an EDI transmission or telephone conversation with the offer and acceptance constituting the agreement of the parties. The parties shall be legally bound from the time they so agree to transaction terms and may each rely thereon. Any such transaction shall be considered a "writing' and to have been "signed" Notwithstanding the foregoing sentence, the parties agree that Confirming Party shall, and the other party may, confirm a telephonic transaction by sending the other party a Transaction Confirmation by facsimile, EDI or mutually agreeable electronic means within three Business Days of a transaction covered by this Section 1 2 (Oral Transaction Procedure) provided that the failure to send a Transaction Confirmation shall not invalidate the oral agreement of the parties. Confirming Party adopts its confirming letterhead, or the like, as its signature on any Transaction Confirmation as the identification and authentication of Confirming Party. If the Transaction Confirmation contains any provisions other than those relating to the commercial terms of the transaction (i.e., price, quantity, performance obligation, delivery point, period of delivery and/or transportation conditions), which modify or supplement the Base Contract or General Terms and Conditions of this Contract (e.g.. arbitration or additional representations and warranties), such provisions shall not be deemed to be accepted pursuant to Section 1.3 but must be expressly agreed to by both parties: provided that the foregoing shall not invalidate any transaction agreed to by the parties. Written Transaction Procedure: 1.2. The parties will use the following Transaction Confirmation procedure. Should the parties come to an agreement regarding a Gas purchase and sale transaction for a particular Delivery Period, the Confirming Parry shall, and the other party may, record that agreement on a Transaction Confirmation and communicate such Transaction Confirmation by facsimile, EDI or mutually agreeable electronic means, to the other party by the dose of the Business Day following the date of agreement The parties acknowledge that their agreement will not be binding until the exchange of nonconflicting Transaction Confirmations or the passage of the Confirm Deadline without objection from the receiving party, as provided in Section 1.3. 1.3. If a sending party s Transaction Confirmation is materially different from the receiving party's understanding of the agreement referred to in Section 1.2, such receiving party shall notify the sending party via facsimile, EDI or mutually agreeable electronic means by the Confirm Deadline, unless such receiving party has previously sent a Transaction Confirmation to the sending party. The failure of the receiving party to so notify the sending party in writing by the Confirm Deadline constitutes the receiving partys agreement to the terms of the transaction described in the sending partys Transaction Confirmation. If there are any material differences between timely sent Transaction Confirmations governing the same transaction, then neither Transaction Confirmation shall be binding until or unless such differences are resolved including the use of any evidence that dearly resolves the differences in the Transaction Confirmations In the event of a conflict among the terms of ot a binding Transaction Confirmation pursuant to Section 12. (ii)the oral agreement of the parties which may be evidenced by a recorded conversation, where the parties have selected the Oral Transacbon Procedure of the Base Contract, (ii)the Base Contract, and (iv)these General Terms and Conditions, the terms of the documents shall govern in the priority listed in this sentence. 1.4. The parties agree that each party may electronically record all telephone conversations with respect to this Contract between their respective employees, without any special or further notice to the other party Each party shall obtain any necessary consent of its agents and employees to such recording. Where the parties have selected the Oral Transaction Procedure in Section 1.2 of the Base Contract, the parties agree not to contest the validity or enforceability of telephonic recordings entered into in accordance with the requirements of this Base Contract. SECTION 2. DEFINITIONS The terms set forth below shall have the meaning ascribed to them below Other terms are also defined elsewhere in the Contract and shall have the meanings ascribed to them herein. 2.1. "Additional Event of Default" shall mean Transactional Cross Default or Indebtedness Cross Default, each as and if selected by the parties pursuant to the Base Contract. 2.2. "Affiliate" shall mean, in relation to any person,any entity controlled,directly or indirectly,by the perm,any entity that controls, directly or indirectly, the person or any entity directly or indirectly under common control with the person. For this purpose, "control"of any entity or person means ownership of at least 50 percent of the voting power of the entity or person Copyright®2006 North American Energy Standards Board, Inc NAESB Standard 6.3.1 All Rights Reserved Page 3 of 13 September 5, 2006 2.3. "Alterative Damages"shall mean such damages,expressed in dollars or dollars per MMBtu,as the parties shall agree upon in the Transaction Confirmation, in the event either Seller or Buyer fails to perform a Firm obligation to deliver Gas in the case of Seller or to receive Gas in the case of Buyer. 2.4. "Base Contract" shall mean a contract executed by the parties that incorporates these General Terms and Conditions by reference; that specifies the agreed selections of provisions contained herein; and that sets forth other information required herein and any Special Provisions and addendum(s)as identified on page one. 2.5. "British thermal unit"or"Btu"shall mean the International BTU,which is also called the Btu(M. 2.6. "Business Day(s)" shall mean Monday through Friday, excluding Federal Banking Holidays for transactions in the U.S. 2.7. "Confirm Deadline" shall mean 5:00 p.m. in the receiving party's time zone on the second Business Day following the Day a Transaction Confirmation is received or, if applicable, on the Business Day agreed to by the parties in the Base Contract; provided, if the Transaction Confirmation is time stamped after 5:00 p.m. in the receiving party's time zone, it shall be deemed received at the opening of the next Business Day 2.8. "Confirming Party"shall mean the party designated in the Base Contract to prepare and forward Transaction Confirmations to the other party. 2.9. "Contract" shall mean the legally-binding relationship established by (i)the Base Contract, (h) any and all binding Transaction Confirmations and (iii) where the parties have selected the Oral Transaction Procedure in Section 1.2 of the Base Contract, any and all transactions that the parties have entered into through an EDI transmission or by telephone, but that have not been confirmed in a binding Transaction Confirmation,all of which shall form a single integrated agreement between the parties. 2.10. "Contract Price" shall mean the amount expressed in U.S. Dollars per MMBtu to be paid by Buyer to Seller for the purchase of Gas as agreed to by the parties in a transaction. 2.11. "Contract Quantity" shall mean the quantity of Gas to be delivered and taken as agreed to by the parties in a transaction, 2.12. "Cover Standard", as referred to in Section 3.2, shall mean that if there is an unexcused failure to take or deliver any quantity of Gas pursuant to this Contract, then the performing parry shall use commercially reasonable efforts to (i) if Buyer is the performing party, obtain Gas, (or an alternate fuel if elected by Buyer and replacement Gas is not available), or (ii) if Seller is the performing party, sell Gas, in either case, at a price reasonable for the delivery or production area, as applicable, consistent with: the amount of notice provided by the nonperforming party; the immediacy of the Buyer's Gas consumption needs or Seller's Gas sales requirements,as applicable; the quantities involved;and the anticipated length of failure by the nonperforming party. 2.13. "Credit Support Obligahon(s)' shall mean any obligation(s) to provide or establish credit support for, or on behalf of, a party to this Contract such as cash, an irrevocable standby letter of credit, a margin agreement, a prepayment, a security interest in an asset,guaranty,or other good and sufficient security of a continuing nature. 2.14. "Day" shall mean a period of 24 consecutive hours, coextensive with a"day"as defined by the Receiving Transporter in a particular transaction. 2.15. "Delivery Period"shall be the period during which deliveries are to be made as agreed to by the parties in a transaction. 2.16. "Delivery Point(s)"shall mean such point(s)as are agreed to by the parties in a transaction. 2.17. "EDI" shall mean an electronic data interchange pursuant to an agreement entered into by the parties, specifically relating to the communication of Transaction Confirmations under this Contract. 2.18. "EFP" shall mean the purchase, sale or exchange of natural Gas as the "physical" side of an exchange for physical transaction involving gas futures contracts. EFP shall incorporate the meaning and remedies of"Firm", provided that a parry's excuse for nonperformance of its obligations to deliver or receive Gas will be governed by the rules of the relevant futures exchange regulated under the Commodity Exchange Act. 2.19. "Firm" shall mean that either party may interrupt its performance without liability only to the extent that such performance is prevented for reasons of Force Majeure; provided, however, that during Force Majeure interruptions, the party invoking Force Majeure may be responsible for any Imbalance Charges as set forth in Section 4.3 related to its interruption after the nomination is made to the Transporter and until the change in deliveries and/or receipts is confirmed by the Transporter. 2.20. "Gas" shall mean any mixture of hydrocarbons and noncombustible gases in a gaseous state consisting primarily of methane. 2.21. "Guarantor"shall mean any entity that has provided a guaranty of the obligations of a party hereunder. 2.22. "Imbalance Charges"shall mean any fees, penalties,costs or charges (in cash or in kind)assessed by a Transporter for failure to satisfy the Transporter's balance and/or nomination requirements. 2.23. "Indebtedness Cross Default' shall mean if selected on the Base Contract by the parties with respect to a party, that it or its Guarantor, if any, experiences a default, or similar condition or event however therein defined, under one or more agreements or instruments, individually or collectively, relating to indebtedness (such indebtedness to include any obligation whether present or future, contingent or otherwise, as principal or surety or otherwise) for the payment or repayment of borrowed money in an aggregate amount greater than the threshold specified in the Base Contract with respect to such party or its Guarantor, if any,which results in such indebtedness becoming immediately due and payable. Copyright®2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 4 of 13 September 5, 2006 2.24. "Interruptible" shall mean that either party may interrupt its performance at any time for any reason, whether or not caused by an event of Force Majeure, with no liability, except such interrupting party may be responsible for any Imbalance Charges as set forth in Section 4.3 related to its interruption after the nomination is made to the Transporter and until the change in deliveries and/or receipts is confirmed by Transporter. 2.25. "MMBtu" shall mean one million British thermal units,which is equivalent to one dekatherm. 2.26. "Month" shall mean the period beginning on the first Day of the calendar month and ending immediately prior to the commencement of the first Day of the next calendar month. 2.27. "Payment Date"shall mean a date, as indicated on the Base Contract, on or before which payment is due Seller for Gas received by Buyer in the previous Month. 2.28. "Receiving Transporter" shall mean the Transporter receiving Gas at a Delivery Point, or absent such receiving Transporter,the Transporter delivering Gas at a Delivery Point. 2.29. "Scheduled Gas" shall mean the quantity of Gas confirmed by Transporter(s) for movement, transportation or management. 2.30. "Specified Transaction(s)" shall mean any other transaction or agreement between the parties for the purchase, sale or exchange of physical Gas,and any other transaction or agreement identified as a Specified Transaction under the Base Contract 2.31. "Spot Price" as referred to in Section 3.2 shalt mean the price listed in the publication indicated on the Base Contract, under the listing applicable to the geographic location closest in proximity to the Delivery Point(s) for the relevant Day; provided, if there is no single price published for such location for such Day, but there is published a range of prices, then the Spot Price shall be the average of such high and low prices. If no price or range of prices is published for such Day, then the Spot Price shall be the average of the following: (i)the price (determined as stated above) for the first Day for which a price or range of prices is published that next precedes the relevant Day; and (ii)the price (determined as stated above) for the first Day for which a price or range of prices is published that next follows the relevant Day. 2.32. "Transaction Confirmation" shall mean a document, similar to the form of Exhibit A, setting forth the terms of a transaction formed pursuant to Section 1 for a particular Delivery Period. 2.33. "Transactional Cross Default shall mean if selected on the Base Contract by the parties with respect to a parry, that it shall be in default, however therein defined, under any Specified Transaction. 2.34. "Termination Option" shall mean the option of either party to terminate a transaction in the event that the other party fails to perform a Firm obligation to deliver Gas in the case of Seller or to receive Gas in the rase of Buyer for a designated number of days during a period as specified on the applicable Transaction Confirmation. 2.35. "Transporter(s)" shall mean A Gas gathering or pipeline companies,or local distribution companies,acting in the capacity of a transporter, transporting Gas for Seller or Buyer upstream or downstream, respectively, of the Delivery Point pursuant to a particular transaction_ SECTION 3. PERFORMANCE OBLIGATION 3.1. Seller agrees to sell and deliver, and Buyer agrees to receive and purchase, the Contract Quantity for a partcular transaction in accordance with the terms of the Con"a Sales and purchases will be on a Firm or Interruptible basis,as agreed to by the parties in a transaction. The parties have selected either the"Cover Standard" or the"Spat Price Standard" as indicated on the Base Contract. Cover Standard: 3.2. The sole and exclusive remedy of the parties in the event of a breach of a Firm obligation to deliver or receive Gas shall be recovery of the following: (i) in the event of a breach by Seller on any Day(s), payment by Seller to Buyer in an amount equal to the positive difference, if any, between the purchase price paid by Buyer utilizing the Cover Standard and the Contract Price, adjusted for commercially reasonable differences in transportation costs to or from the Delivery Point(s), multiplied by the difference between the Contract Quantity and the quantity actually delivered by Seller for such Day(s) excluding any quantity for which no replacement is available; or (ii) in the event of a breach by Buyer on any Day(s), payment by Buyer to Seller in the amount equal to the positive difference, if any, between the Contract Price and the price received by Seller utilizing the Cover Standard for the resale of such Gas, adjusted for commercially reasonable differences in transportation costs to or from the Delivery Point(s), multiplied by the difference between the Contract Quantity and the quantity actually taken by Buyer for such Day(s) excluding any quantity for which no sale is available; and (iii) in the event that Buyer has used commercially reasonable efforts to replace the Gas or Seller has used commercially reasonable efforts to sell the Gas to a third party, and no such replacement or sale is available for all or any portion of the Contract Quantity of Gas, then in addition to (i) or (ii) above, as applicable, the sole and exclusive remedy of the performing party with respect to the Gas not replaced or sold shall be an amount equal to any unfavorable difference between the Contract Price and the Spot Price, adjusted for such transportation to the applicable Delivery Point, multiplied by the quantity of such Gas not replaced or sold Imbalance Charges shall not be recovered under this Section 3.2, but Seller and/or Buyer shall be responsible for Imbalance Charges, if any, as provided in Section 4.3. The amount of such unfavorable difference shall be payable five Business Days after presentation of the performing party's invoice, which shall set forth the basis upon which such amount was calculated, Copyright©2006 North American Energy Standards Board, Inc_ NAESB Standard 6 3 1 All Rights Reserved Page 5 of 13 September 5, 2006 Spot Price Standard: 32 The sole and exclusive remedy of the parties in the event of a breach of a Firm obligation to deliver or receive Gas shall be recovery of the following: (i) in the event of a breach by Seller on any Day(s), payment by Seiler to Buyer in an amount equal to the difference between the Contract Quantity and the actual quantity delivered by Seller and received by Buyer for such Day(s), multiplied by the positive difference, if any, obtained by subtracting the Contract Price from the Spot Price; or (ii) in the event of a breach by Buyer on any Day(s), payment by Buyer to Seller in an amount equal to the difference between the Contract Quantity and the actual quantity delivered by Seller and received by Buyer for such Day(s), multiplied by the positive difference, if any, obtained by subtracting the applicable Spot Price from the Contract Price. Imbalance Charges shall not be recovered under this Section 3.2, but Seller and/or Buyer shall be responsible for Imbalance Charges, if any, as provided in Section 4.3 The amount of such unfavorable difference shall be payable five Business Days after presentation of the performing party's invoice, which shall set forth the basis upon which such amount was calculated 3.3. Notwithstanding Section 3.2, the parties may agree to Alternative Damages in a Transaction Confirmation executed in writing by both parties. 3.4. In addition to Sections 3.2 and 3.3, the parties may provide for a Termination Option in a Transaction Confirmation executed in writing by both parties. The Transaction Confirmation containing the Termination Option will designate the length of nonperformance triggering the Termination Option and the procedures for exercise thereof, how damages for nonperformance will be compensated, and how liquidation costs will be calculated SECTION 4. TRANSPORTATION, NOMINATIONS, AND IMBALANCES 4.1. Seiler shall have the sole responsibility for transporting the Gas to the Delivery Point(s). Buyer shall have the sole responsibility for transporting the Gas from the Delivery Point(s). 4.2. The parties shall coordinate their nomination activities,giving sufficient time to meet the deadlines of the affected Transporter(s). Each party shall give the other party timely prior Notice,sufficient to meet the requirements of all Transporter(s)involved in the transaction,of the quantities of Gas to be delivered and purchased each Day Should either party become aware that actual deliveries at the Delivery Point(s)are greater or lesser than the Scheduled Gas,such party shall promptly notify the other party. 4.3. The parties shall use commercially reasonable efforts to avoid imposition of any Imbalance Charges. If Buyer or Seller receives an invoice from a Transporter that includes Imbalance Charges, the patties shall determine the validity as well as the cause of such Imbalance Charges. If the Imbalance Changes were incurred as a result of Buyers receipt of quantities of Gas greater than or less than the Scheduled Gas, then Buyer shall pay for such Imbalance Charges or reimburse Seller for such Imbalance Changes paid by Seller. If the Imbalarroe Charges were incurred as a result of Sellers delivery of quantities of Gas greater than or less than the Scheduled Gas,then Seller shall pay for such Imbalance Charges or reimburse Buyer for such Imbalance Changes paid by Buyer. SECTION 5. QUALITY AND MEASUREMENT All Gas delivered by Seller shall meet the pressure,quality and heat content requirements of the Receiving Transporter. The unit of quantity measurement for purposes of this Contract shall be one MMBtu dry. Measurement of Gas quantities hereunder shall be in accordance with the established procedures of the Receiving Transporter. SECTION 6. TAXES The parties have selected either "Buyer Pays At and After Delivery Point" or "Seller Pays Before and At Delivery Point" as indicated on the Base Contract Buyer Pays At and After Delivery Point: Seller shall pay or cause to be paid all taxes, fees, levies, penalties, licenses or charges imposed by any government authority("Taxes") on or with respect to the Gas prior to the Delivery Point(s). Buyer shall pay or cause to be paid all Taxes on or with respect to the Gas at the Delivery Point(s) and all Taxes after the Delivery Point(s). If a party is required to remit or pay Taxes that are the other party's responsibility hereunder,the party responsible for such Taxes shall promptly reimburse the other party for such Taxes. Any party entitled to an exemption from any such Taxes or charges shall furnish the other party any necessary documentation thereof. Seller Pays Before and At Delivery Point: _ Seller shall pay or cause to be paid all taxes, fees, levies, penalties, licenses or charges imposed by any government authority(Taxes") on or with respect to the Gas prior to the Delivery Point(s)and all Taxes at the Delivery Point(s). Buyer shall pay or cause to be paid all Taxes on or with respect to the Gas after the Delivery Point(s). If a party is required to remit or pay Taxes that are the other party's responsibility hereunder,the party responsible for such Taxes shall promptly reimburse the other party for such Taxes. Any party entitled to an exemption from any such Taxes or charges shall furnish the other party any necessary documentation thereof. SECTION 7. BILLING, PAYMENT, AND AUDIT 7.1. Seller shall invoice Buyer for Gas delivered and received in the preceding Month and for any other applicable charges, providing supporting documentation acceptable in industry practice to support the amount charged If the actual quantity delivered is not known by the tilling date,billing will be prepared based on the quantity of Scheduled Gas. The invoiced quantity will then be adjusted to the actual quantity on the following Month's billing or as soon thereafter as actual delivery information is available. Copyright®2006 North American Energy Standards Board, Inc NAESB Standard 6 3 1 All Rights Reserved Page 6 of 13 September 5, 2006 7.2. Buyer shall remit the amount due under Section 71 in the manner specified in the Base Contract,in immediately available funds, on or before the later of the Payment Date or 10 Days after receipt of the invoice by Buyer, provided that if the Payment Date is not a Business Day,payment is due on the next Business Day following that date. In the event any payments are due Buyer hereunder,payment to Buyer shall be made in accordance with this Section 7.2. 7.3. In the event payments become due pursuant to Sections 3 2 or 3.3. the performing party may submit an invoice to the nonperforming party for an accelerated payment setting forth the basis upon which the invoiced amount was calculated. Payment from the nonperforming party will be due five Business Days after receipt of invoice. 7.4. If the invoiced party, in good faith,disputes the amount of any such invoice or any part thereof,such invoiced party will pay such amount as it concedes to be correct; provided, however, if the invoiced parry disputes the amount due, it must provide supporting documentation acceptable in industry practice to support the amount paid or disputed without undue delay In the event the parties are unable to resolve such dispute,either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section. 7.5. If the invoiced party fails to remit the full amount payable when due,interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of()the then-effective prime rate of interest published under"Money Rates"by The Wall Street Journal,plus two percent per annum;or()the maximum applicable lawful interest rate. 7.6. A party shall have the right, at its own expense, upon reasonable Notice and at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the acaaracy of any statement,charge, payment,or computation made under the Contract This right to examine,audit, and to obtain copies shall not be available with respect to proprietary information not directly relevant to transactions under this Contract. All invoices and billings shall be conclusively presumed final and accurate and all associated claims for under-or overpayments shall be deemed waived unless such invoices or Millings are objected to in writing,with adequate explanation andlor documentation,within two years after the Month of Gas delivery. All retroactive adjustments under Section 7 shall be paid in full by the party owing payment within 30 Days of Notice and substantiation of such inaccuracy. 7.7. Unless the parties have elected on the Base Contract not to make this Section 7.7 applicable to this Contract, the parties shall net all undisputed amounts due and owing, and/or past due, arising under the Contract such that the party owing the greater amount shall make a single payment of the net amount to the other party in accordance with Section 7; provided that no payment required to be made pursuant to the terms of any Credit Support Obligation or pursuant to Section 7.3 shall be subject to netting under this Section. If the parties have executed a separate netting agreement, the terms and conditions therein shall prevail to the extent inconsistent herewith. SECTION 8. TITLE, WARRANTY, AND INDEMNITY 8.1. Unless otherwise specifically agreed, title to the Gas shall pass from Seller to Buyer at the Delivery Point(s). Seller shall have responsibility for and assume any liability with respect to the Gas prior to its delivery to Buyer at the specified Delivery Point(s). Buyer shall have responsibility for and assume any liability with respect to said Gas after its delivery to Buyer at the Delivery Point(s). 8.2. Seller warrants that it will have the right to convey and will transfer good and merchantable title to all Gas sold hereunder and delivered by it to Buyer, free and clear of all liens, encumbrances, and claims EXCEPT AS PROVIDED IN THIS SECTION 8.2 AND IN SECTION 15.8, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE,ARE DISCLAIMED. 8.3. Seller agrees to indemnify Buyer and save it harmless from all losses, liabilities or claims including reasonable attorneys' fees and costs of court ("Claims"), from any and all persons, arising from or out of claims of title, personal injury (including death) or property damage from said Gas or other charges thereon which attach before title passes to Buyer. Buyer agrees to indemnify Seller and save it harmless from all Claims, from any and all persons, arising from or out of claims regarding payment, personal injury(including death)or property damage from said Gas or other charges thereon which attach after title passes to Buyer. 8.4. The parties agree that the delivery of and the transfer of title to all Gas under this Contract shall take place within the Customs Territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States 19 U S.C. §1202, General Notes, page 3); provided, however, that in the event Seller took title to the Gas outside the Customs Territory of the United States, Seller represents and warrants that it is the importer of record for all Gas entered and delivered into the United States, and shall be responsible for entry and entry summary filings as well as the payment of duties, taxes and fees, if any, and all applicable record keeping requirements. 8.5. Notwithstanding the other provisions of this Section 8,as between Seller and Buyer.Seller will be liable for all Claims to the extent that such arise from the failure of Gas delivered by Seller to meet the quality requirements of Section 5 SECTION 9. NOTICES 9.1. All Transaction Confirmations, invoices, payment instructions, and other communications made pursuant to the Base Contract("Notices")shall be made to the addresses specified in writing by the respective parties from time to time. 9.2. All Notices required hereunder shall be in writing and may be sent by facsimile or mutually acceptable electronic means, a nationally recognized overnight courier service, first class mail or hand delivered 9.3. Notice shall be given when received on a Business Day by the addressee In the absence of proof of the actual receipt date, the following presumptions will apply. Notices sent by facsimile shall be deemed to have been received upon the sending party's receipt of its facsimile machine's confirmation of successful transmission. If the day on which such facsimile is received is Copyright Q 2006 North American Energy Standards Board, Inc. NAESB Standard 6 3.1 All Rights Reserved Page 7 of 13 September 5.2006 not a Business Day or is after five p.m. on a Business Day, then such facsimile shall be deemed to have been received on the next following Business Day. Notice by overnight mail or courier shall be deemed to have been received on the next Business Day after it was sent or such earlier time as is confirmed by the receiving party Notice via first class mail shall be considered delivered five Business Days after mailing 9.4. The party receiving a commercially acceptable Notice of change in payment instructions or other payment information shall not be obligated to implement such change until ten Business Days after receipt of such Notice. SECTION 10. FINANCIAL RESPONSIBILITY 10.1. If either party("X")has reasonable grounds for insecurity regarding the performance of any obligation under this Contract (whether or not then due) by the other party ("Y") (including, without limitation, the occurrence of a material change in the creditworthiness of Y or its Guarantor, if applicable), X may demand Adequate Assurance of Performance. "Adequate Assurance of Performance" shall mean sufficient security in the form, amount, for a term, and from an issuer, all as reasonably acceptable to X, including, but not limited to cash, a standby irrevocable letter of credit, a prepayment, a security interest in an asset or guaranty Y hereby grants to X a continuing first priority security interest in, lien on, and right of setoff against all Adequate Assurance of Performance in the form of cash transferred by Y to X pursuant to this Section 10 1. Upon the return by X to Y of such Adequate Assurance of Performance, the security interest and lien granted hereunder on that Adequate Assurance of Performance shall be released automatically and, to the extent possible,without any further action by either party. 10.2. In the event (each an "Event of Default") either party (the "Defaulting Party") or its Guarantor shall; (i) make an assignment or any general arrangement for the benefit of creditors; (ii) file a petition or otherwise commence, authorize, or acquiesce in the commencement of a proceeding or case under any bankruptcy or similar law for the protection of creditors or have such petition filed or proceeding commenced against it; (iii) otherwise become bankrupt or insolvent (however evidenced); (iv) be unable to pay its debts as they fall due; (v) have a receiver, provisional liquidator, conservator, custodian, trustee or other similar official appointed with respect to it or substantially all of its assets; (vi) fail to perform any obligation to the other party with respect to any Credit Support Obligations relating to the Contract; (vii) fail to give Adequate Assurance of Performance under Section 10 1 within 48 hours but at least one Business Day of a written request by the other party; (viii) not have paid any amount due the other party hereunder on or before the second Business Day following written Notice that such payment is due-, or ix) be the affected party with respect to any Additional Event of Default; then the other party (the "Non-Defaulting Partn shall have the right, at its sole election, to immediately withhold and/or suspend deliveries or payments upon Notice and/or to terminate and liquidate the transactions under the Contract, in the manner provided in Section 10.3, in addition to any and all other remedies available hereunder. 10.3. If an Event of Default has occurred and is continuing, the Non-Defaulting Party shall have the right, by Notice to the Defaulting Party, to designate a Day, no earlier than the Day such Notice is given and no later than 20 Days after such Notice is given, as an early termination date (the'Early Termination Date") for the liquidation and termination pursuant to Section 10.3 1 of all transactions under the Contract, each a "Terminated Transaction'. On the Early Termination Date, all transactions will terminate, other than those transactions, if any, that may not be liquidated and terminated under applicable law ("Excluded Transactions'), which Excluded Transactions must be liquidated and terminated as soon thereafter as is legally permissible, and upon termination shall be a Terminated Transaction and be valued consistent with Section 10.3.1 below- With respect to each Excluded Transaction, its actual termination date shall be the Early Termination Date far purposes of Section 10.3.1. The parties have selected either "Early Termination Damages Apply" or "Early Termination Damages Do Not Apply" as indicated on the Base Contract. Early Termination Damn ges App I = 10.3.1. As of the Early Termination Date, the Non-Defaulting Party shall determine, in good faith and in a commercially I reasonable manner, (i) the amount owed (whether or not then due) by each party with respect to all Gas delivered and received between the parties under Terminated Transactions and Excluded Transactions on and before the Early Termination Date and all I other applicable charges relating to such deliveries and receipts (including without limitation any amounts owed under Section 3.2), for which payment has not yet been made by the party that owes such payment under this Contract and (ii) the Market Value, as defined below, of each Terminated Transaction The Non-Defaulting Party shall (x) liquidate and accelerate each Terminated Transaction at its Market Value, so that each amount equal to the difference between such Market Value and the Contract Value, as defined below, of such Terminated Transaction(s) shall be due to the Buyer under the Terminated Transaction(s) if such Market Value exceeds the Contract Value and to the Seller if the opposite is the case; and (y) where appropriate, discount each amount then due under clause (x) above to present value in a commercially reasonable manner as of the Early Termination Date (to take account of the period between the date of liquidation and the date on which such amount would have otherwise been due pursuant to the relevant Terminated Transactions). For purposes of this Section 10 3 1, "Contract Value' means the amount of Gas remaining to be delivered or purchased under a transaction multiplied by the Contract Price, and "Market Value" means the amount of Gas remaining to be delivered or purchased under a transaction multiplied by the market price for a similar transaction at the Delivery Point determined by the Non-Defaulting Party in a commercially reasonable manner. To ascertain the Market Value, the Non-Defaulting Party may consider, among other valuations, any or all of the settlement prices of NYMEX Gas futures contracts, quotations from leading dealers in energy swap contracts or physical gas trading markets, similar sales or purchases and any other bona fide third-party offers, all adjusted for the length of the term and differences in transportation costs. A party shall not be required to enter into a replacement transaction(s) in order to determine the Market Value Any extension(s) of the term of a transaction to which parties are not bound as of the Early Termination Data (including but not limited to `evergreen Provisions shall not be considered in determining Contract Values and Copyright®2006 North American Energy Standards Board, Inc. NAESB Standard 6 3 1 All Rights Reserved Page 8 of 13 September 5. 2006 Market Values. For the avoidance of doubt, any option pursuant to which one party has the right to extend the term of a transaction shall be considered in determining Contract Values and Market Values. The rate of interest used in calculating net present value shall be determined by the Non-Defaultinq Party in a commercially reasonable manner. Early Termination Damages Do Not Apply: 10.3.1. As of the Early Termination Date, the Non-Defaulting Party shall determine, in good faith and in a commercially reasonable manner, the amount owed (whether or not then due) by each party with respect to all Gas delivered and received between the parties under Terminated Transactions and Excluded Transactions on and before the Early Termination Date and all other applicable charges relating to such deliveries and receipts(including without limitation any amounts owed under Section 3 2), for which payment has not vet been made by the party that owes such payment under this Contract. The parties have selected either "Other Agreement Setoffs Apply" or "Other Agreement Setoffs Do Not Apply" as indicated on the Base Contract_ Other Agreement Setoffs Apply: Bilateral Setoff Option: 10.3.2. The Non-Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the parties under Section 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payable by one party to the other(the"Net Settlement Amount"). At its sole option and without prior Notice to the Defaulting Party, the Non-Defaulting Party is hereby authorized to setoff any Net Settlement Amount against(i) any margin or other collateral held by a party in connection with any Credit Support Obligation relating to the Contract; and (ii) any amount(s) (including any excess cash margin or excess cash collateral) owed or held by the party that is entitled to the Net Settlement Amount under any other agreement or arrangement between the parties. Triangular Setoff Option: 10.3.2 The Non-Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the parties under Section 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payable by one party to the other(the"Net Settlement Amount"). At its sole option, and without prior Notice to the Defaulting Party,the Non-Defaulting Party is hereby authorized to setoff() any Net Settlement Amount against any margin or other collateral held by a party in connection with any Credit Support Obligation relating to the Contract; (ii)any Net Settlement Amount against any amount(s) (including any excess cash margin or excess cash collateral)owed by or to a party under any other agreement or arrangement between the parties; (iii) any Net Settlement Amount owed to the Non-Defaulting Party against any amount(s) (including any excess cash margin or excess cash collateral) owed by the Non-Defaulting Party or its Affiliates to the Defaulting Party under any other agreement or arrangement: (iv) any Net Settlement Amount owed to the Defaulting Party against any amount(s) (including any excess cash margin or excess cash collateral) owed by the Defaulting Party to the Non-Defaulting Party or its Affiliates under any other agreement or arrangement; and/or (v) any Net Settlement Amount owed to the Defaulting Party against any amount(s) (including any excess cash margin or excess cash collateral) owed by the Defaulting Party or its Affiliates to the Non-Defaulting Party under anv other agreement or arrangement. Other Agreement Setoffs Do Not Apply: 10.3.2. The Non-Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the parties under Section 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payable by one party to the other (the 'Net Settlement Amount"). At its sole option and without prior Notice to the Defaulting Party, the Non-Defauiting Party may setoff any Net Settlement Amount against any margin or other collateral held by a party in connection with any Credit Support Obligation relating to the Contract. 10.3.3. If any obligation that is to be included in any netting, aggregation or setoff pursuant to Section 10.3 2 is unascertained, the Non-Defaulting Party may in good faith estimate that obligation and net, aggregate or setoff, as applicable, in respect of the estimate, subject to the Non-Defaulting Party accounting to the Defaulting Party when the obligation is ascertained. Any amount not then due which is included in any netting, aggregation or setoff pursuant to Section 10.3.2 shall be discounted to net present value in a commercially reasonable manner determined by the Non-Defaulting Party. 10.4. As soon as practicable after a liquidation, Notice shall be given by the Non-Defaulting Party to the Defaulting Party of the Net Settlement Amount, and whether the Net Settlement Amount is due to or due from the Nan-Defaulting Party. The Notice shall include a written statement explaining in reasonable detail the calculation of the Net Settlement Amount, provided that failure to give such Notice shall not affect the validity or enforceability of the liquidation or give rise to any claim by the Defaulting Party against the Non-Defaulting Party The Net Settlement Amount as well as any setoffs applied against such amount pursuant to Section 10.3.2, shall be paid by the dose of business on the second Business Day following such Notice, which date shall not be earlier than the Early Termination Date. Interest on any unpaid portion of the Net Settlement Amount as adjusted by setoffs,shall accrue from the date due until the date of payment at a rate equal to the lower of(i)the then-effective prime rate of interest published under"Money Rates"by The Wall Street Journal,plus two percent per annum;or(i)the maximum applicable lawful interest rate. 10.5. The parties agree that the transactions hereunder constitute a "forward contract" within the meaning of the United States Bankruptcy Code and that Buyer and Seller are each "forward contract merchants"within the meaning of the United States Bankruptcy Code 10.6. The Non-Defaulting Party's remedies under this Section 10 are the sole and exclusive remedies of the Non-Defaulting Party with respect to the occurrence of any Early Termination Date. Each party reserves to itself all other rights, setoffs, counterclaims and other defenses that it is or may be entitled to arising from the Contract. Copyright®2006 North American Energy Standards Board, Inc NAESB Standard 6 3 1 All Rights Reserved Page 9 of 13 September 5, 2006 10.7. With respect to this Section 10, if the parties have executed a separate netting agreement with close-out netting provisions, the terms and conditions therein shall prevail to the extent inconsistent herewith. SECTION 11 . FORCE MAJEURE 11.1. Except with regard to a party's obligation to make payment(s) due under Section 7, Section 10.4, and Imbalance Charges under Section 4, neither party shall be liable to the other for failure to perform a Firm obligation, to the extent such failure was caused by Force Majeure The term"Force Majeure"as employed herein means any cause not reasonably within the control of the party claiming suspension,as further defined in Section 112. 11.2. Force Majeure shall include, but not be limited to, the following: (i) physical events such as acts of God, landslides, lightning, earthquakes, fires, storms or storm warnings, such as hurricanes,which result in evacuation of the affected area, floods, washouts, explosions, breakage or accident or necessity of repairs to machinery or equipment or lines of pipe; (ii)weather related events affecting an entire geographic region, such as low temperatures which cause freezing or failure of wells or lines of pipe; (iii)interruption and/or curtailment of Firm transportation and/or storage by Transporters; (iv)acts of others such as strikes, lockouts or other industrial disturbances, riots, sabotage, insurrections or wars, or acts of terror; and (v)governmental actions such as necessity for compliance with any court order, law, statute, ordinance, regulation, or policy having the effect of law promulgated by a governmental authority having jurisdiction. Seller and Buyer shall make reasonable efforts to avoid the adverse impacts of a Force Majeure and to resolve the event or occurrence once it has occurred in order to resume performance. 11.3. Neither party shall be entitled to the benefit of the provisions of Force Majeure to the extent performance is affected by any or all of the following circumstances: (i)the curtailment of interruptible or secondary Firm transportation unless primary, in-path, Firm transportation is also curtailed; (ii) the party claiming excuse failed to remedy the condition and to resume the performance of such covenants or obligations with reasonable dispatch; or(iii) economic hardship,to include.without limitation, Seller's ability to sell Gas at a higher or more advantageous price than the Contract Price, Buyer's ability to purchase Gas at a lower or more advantageous price than the Contract Pnce, or a regulatory agency disallowing, in whole or in part, the pass through of costs resulting from this Contract; (iv) the loss of Buyer's market(s) or Buyer's inability to use or resell Gas purchased hereunder, except, in either case, as provided in Section 11.2; or(v) the loss or failure of Sellers gas supply or depletion of reserves, except, in either case, as provided in Section 11.2. The party claiming Force Majeure shall not be excused from its responsibility for Imbalance Charges. 11.4. Notwithstanding anything to the contrary herein, the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be within the sole discretion of the party experiencing such disturbance. 11.5. The party whose performance is prevented by Force Majeure must provide Notice to the other party Initial Notice may be given orally; however, written Notice with reasonably full particulars of the event or occurrence is required as soon as reasonably possible. Upon providing written Notice of Force Majeure to the other party,the affected party will be relieved of its obligation, from the onset of the Force Majeure event,to make or accept delivery of Gas, as applicable, to the extent and for the duration of Force Majeure, and neither party shall be deemed to have failed in such obligations to the other during such occurrence or event. 11.6. Notwithstanding Sections 11.2 and 11.3, the parties may agree to alternative Force Majeure provisions in a Transaction Confirmation executed in writing by both parties. SECTION 12. TERM This Contract may be terminated on 30 Day's written Notice, but shall remain in effect until the expiration of the latest Delivery Period of any transacbon(s). The rights of either party pursuant to Section 7.6. Section 10,Secton 13.the obligations to make payment hereunder, and the obligation of either party to indemnify the other, pursuant hereto shalt survive the termination of the Base Contract or any transaction. SECTION 13. LIMITATIONS FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY_ A PARTY S LIABILITY HEREUNDER SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION,AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN OR IN A TRANSACTION, A PARTY'S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY. SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY,AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WANED UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE,JOINT OR CONCURRENT,OR ACTIVE OR PASSIVE, TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED,THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS Copyright @ 2006 North American Energy Standards Board, Inc. NAESB Standard 6 3.1 All Rights Reserved Page 10 of 13 September 5,2006 SECTION 14. MARKET DISRUPTION If a Market Disruption Event has occurred then the parties shall negotiate in good faith to agree on a replacement price for the Floating Price (or on a method for determining a replacement price for the Floating Price) for the affected Day, and if the parties have not so agreed on or before the second Business Day following the affected Day then the replacement price for the Floating Price shall be determined within the next two following Business Days with each party obtaining, in good faith and from non- affiliated market participants in the relevant market, two quotes for prices of Gas for the affected Day of a similar quality and quantity in the geographical location closest in proximity to the Delivery Point and averaging the four quotes. if either party fails to provide two quotes then the average of the other party's two quotes shall determine the replacement price for the Floating Price. "Floating Price" means the price or a factor of the price agreed to in the transaction as being based upon a specified index. "Market Disruption Event" means, with respect to an index specified for a transaction, any of the following events: (a)the failure of the index to announce or publish information necessary for determining the Floating Price; (b)the failure of trading to commence or the permanent discontinuation or material suspension of trading on the exchange or market acting as the index; (c) the temporary or permanent discontinuance or unavailability of the index; (d) the temporary or permanent closing of any exchange acting as the index; or (e) both parties agree that a material change in the formula for or the method of determining the Floating Price has occurred. For the purposes of the calculation of a replacement price for the Floating Price, all numbers shall be rounded to three decimal places. If the fourth decimal number is five or greater, then the third decimal number shall be increased by one and if the fourth decimal number is less than five, then the third decimal number shall remain unchanged. SECTION 15. MISCELLANEOUS 15.1. This Contract shall be binding upon and inure to the benefit of the successors,assigns,personal representatives,and heirs of the respective parties hereto, and the covenants, conditions, rights and obligations of this Contract shall run for the full term of this Contract. No assignment of this Contract, in whole or in part, will be made without the prior written consent of the non-assigning party (and shall not relieve the assigning party from liability hereunder), which consent will not be unreasonably withheld or delayed; provided, either party may(i)transfer, sell, pledge,encumber, or assign this Contract or the accounts, revenues, or proceeds hereof in connection with any financing or other financial arrangements, or(ii)transfer its interest to any parent or Affiliate by assignment,merger or otherwise without the prior approval of the other party. Upon any such assignment, transfer and assumption, the transferor shall remain principally liable for and shall not be relieved of or discharged from any obligations hereunder. 15.2. If any provision in this Contract is determined to be invalid, void or unenforceable by any court having jurisdiction, such determination shall not invalidate,void,or make unenforceable any other provision,agreement or covenant of this Contract. 15.3. No waiver of any breach of this Contract shall be held to be a waiver of any other or subsequent breach. 15.4. This Contract sets forth all understandings between the parties respecting each transaction subject hereto, and any prior contracts, understandings and representations, whether oral or wntten, relating to such transactions are merged into and superseded by this Contract and any effective transaction(s). This Cont-ad may be amended only by a writing executed by both parties. 15.5. The interpretation and performance of this Contract shall be governed by the laws of the jurisdiction as indicated on the Base Contract,excluding,however,any conflict of laws rule which would apply the law of another jurisdiction. 15.6. This Contract and all provisions herein will be subject to all applicable and valid statutes, rules,orders and regulations of any governmental authority having jurisdiction over the parties, their facilities, or Gas supply, this Contract or transaction or any provisions thereof. 15.7. There is no third party beneficiary to this Contract. 15.8. Each party to this Contract represents and warrants that it has full and complete authority to enter into and perform this Contract. Each person who executes this Contract on behalf of either party represents and warrants that it has full and complete authority to do so and that such party will be bound thereby. 15.9. The headings and subheadings contained in this Contract are used solely for convenience and do not constitute a part of this Contract between the parties and shall not be used to construe or interpret the provisions of this Contract. 15.10. Unless the parties have elected on the Base Contract not to make this Section 15.10 applicable to this Contract,neither party shall disclose directly or indirectly without the prior written consent of the other party the terms of any transaction to a third party (other than the employees, lenders, royalty owners, counsel, accountants and other agents of the party, or prospective purchasers of all or substantially all of a party s assets or of any rights under this Contract, provided such persons shall have agreed to keep such terms confidential) except(i)in order to comply with any applicable law, order, regulation, or exchange rule, (ir)to the extent necessary for the enforcement of this Contract , (bii) to the extent necessary to implement any transaction, (iv) to the extent necessary to comply with a regulatory agency's reporting requirements including but not limited to gas cost recovery proceedings;or(v)to the extent such information is delivered to such third party for the sole purpose of calculating a published index. Each party shall notify the other party of any proceeding of which it is aware which may result in disclosure of the terms of any transaction(other than as permitted hereunder)and use reasonable efforts to prevent or limit the disclosure The existence of this Contract is not subject to this confidentiality obligation_ Subject to Section 13, the parties shall be entitled to all remedies available at law or in equity to enforce, or seek relief in connection with this confidentiality obligation. The terms of any transaction hereunder shall be kept confidential by the parties hereto for one year from the expiration of the transaction In the event that disclosure is required by a governmental body or applicable taw, the party subject to such requirement may disclose the material terms of this Contract to the extent so required, but shall promptly notify the other party, prior to disclosure, Copyright C 2006 North American Energy Standards Board, Inc NAESB Standard 6 3 1 All Rights Reserved Page 11 of 13 September 5, 2006 and shall cooperate (consistent with the disclosing parry's legal obligations)with the other party's efforts to obtain protective orders or similar restraints with respect to such disclosure at the expense of the other party. 15.11. The patties may agree to dispute resolution procedures in Special Provisions attached to the Base Contract or in a Transaction Confirmation executed in writing by both parties 15.12. Any original executed Base Contract, Transaction Confirmation or other related document may be digitally copied, photocopied, or stored on computer tapes and disks(the`Imaged Agreement'). The Imaged Agreement, if introduced as evidence on paper, the Transaction Confirmation, if introduced as evidence in automated facsimile form, the recording, if introduced as evidence in its original form, and all computer records of the foregoing, if introduced as evidence in printed format, in any judicial, arbitration, mediation or administrative proceedings will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. Neither Party shall object to the admissibility of the recording, the Transaction Confirmation,or the Imaged Agreement on the basis that such were not originated or maintained in documentary form. However, nothing herein shall be construed as a waiver of any other objection to the admissibility of such evidence. DISCLAIMER: The purposes of thrs Contract are to facilitate trade,avoid misunderstandings and make more definite the terms of contract~;of purchase and sale of natural gas Further,NAESB does not mandate the use of this Contract by any party NAESB DISCLAIMS AND EXCLUDES,AND ANY USER OF THIS CONTRACT ACKNOWLEDGES AND AGREES TO NAESB'S DISCLAIMER OF,ANY AND ALL WARRANTIES,CONDITIONS OR REPRESENTATIONS,EXPRESS OR IMPLIED,ORAL OR WRITTEN,WITH RESPECT TO THIS CONTRACT OR ANY PART THEREOF,INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE,NON-INFRINGEMENT,MERCHANTABILITY,OR FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE(WHETHER OR NOT NAESB KNOWS,HAS REASON TO KNOW,HAS BEEN ADVISED,OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE),WHETHER ALLEGED TO ARISE BY LAW,BY REASON OF CUSTOM OR USAGE IN THE TRADE,OR BY COURSE OF DEALING. EACH USER OF THIS CONTRACT ALSO AGREES THAT UNDER NO CIRCUMSTANCES WILL NAESB BE LIABLE FOR ANY DIRECT,SPECIAL,INCIDENTAL,EXEMPLARY,PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS CONTRACT. Copyright©2006 North American Energy Standards Board, Inc. NAESB Standard 6 3 1 All Rights Reserved Page 12 of 13 September 5, 2006 TRANSACTION CONFIRMATION EXHIBIT A FOR IMMEDIATE DELIVERY LetterheadiLogo Date: Transaction Confirmation#: This Transaction Confirmation is subject to the Base Contract between Seller and Buyer dated The terms of this Transaction Confirmation are binding unless disputed in writing within 2 Business Days of receipt unless otherwise specified in the Base Contract. SELLER; BUYER: Attn: Alin_ Phone; Phone: Fax_ _ Fax: Base Contract No. Base Contract No_ Transporter: TranWrter _ Transporter Contract Number. Transporter Contract Number: Contract Price: $ IMMBtu or Delivery Period: Begin: End: Performance Obligation and Contract Quantity: (Select One) Firm (Faxed Quantity): Firm (Variable Quantlty�: Interruptible: MMBtus/day MM Btu s/day Minimum Up to MMBtusJday EFP MMStus/day Maximum subject to Section 4.2. at election of Buyer or Seller Delivery Point;s), (If a pooling point is used, list a specific geographic and pipeline location): Special Conditions; Selter: Bu, By. By_ Titte: Title: Date; Date; Copyright®2006 North American Energy Standards Board, Inc. NAESB Standard 6-3.1 All Rights Reserved Page 13 of 13 September 5,2006 FP Special Provisions—US Based EXHIBIT B SPECIAL PROVISIONS TO 2006 BASE CONTRACT FOR SALE AND PURCHASE OF NATURAL GAS(NAESB) Between the City of Vernon,CA("Party A") And Freepoint Commodities LLC("Party B") Dated Aueust 24,2016 The terms and conditions set forth in this Exhibit B shall supplement and form part of the Base Contract and shall govern with respect to any conflicting or inconsistent provision in the Base Contract. Except as amended herein, the Base Contract shall remain in full force and effect. To facilitate the use of these Special Provisions with the Base Contract and the General Terms and Conditions incorporated therein, Section references below correspond to Section references in the General Terms and Conditions. AMENDMENTS TO BASE CONTRACT GENERAL TERMS AND CONDITIONS: SECTION 1. PURPOSE AND PROCEDURES (A) Section 1.2 (Oral Transaction Procedure) is amended as follows: immediately after the parenthetical in the third to last line, insert the words, "or provide for Alternative Damages, a Termination Option, or alternative Force Majeure provisions". (B) The last sentence of Section 1.3 is amended by inserting the words"absent manifest error"at the end of clause(i). SECTION 2. DEFINITIONS (A) Section 2.12("Cover Standard") is amended by.deleting the parenthetical on the third line. (B) Section 2.35 ("Transporter(s)") is amended by inserting(i)", storage"after the word"gathering" in the first line; and(ii) the words-or storing"after the word"transporting" in the second line. (C) In Section 2, Definitions,add the following definition: 2.11.1 "Costs" means, with respect to the Non-Defaulting Party, costs including, but not limited to, brokerage fees, commissions, and other similar third party transaction costs and expenses reasonably incurred by such party in terminating any transaction. SECTION 8. TITLE, WARRANTY, AND INDEMNITY (A) In Section 8 2,on the first line,add an"(a)"after the word"that"and,at the end of the first sentence,add the following: -'and(b) Buyer is not first purchaser of the Gas." (B) Add the following new Section 8.6 at the end of Section 8: '48.6 Each party represents and warrants to the other party that (a) it is acting for its own account and has made its own independent decision to enter into this Base Contract and each transaction (including any Transaction Confirmation accepted in accordance with Section 1.3), and as to whether this Base Contract and each such transaction (including any Transaction Confirmation accepted in accordance with Section 1.3) is appropriate or proper for it based upon its own judgment; (b) it is not relying upon the advice or recommendations of the other party in so doing, and is capable of assessing the merits of and understanding, and understands and accepts, the terms, conditions and risks of this Base Contract and each transaction (including,any Transaction Confirmation accepted in accordance with Section 1.3); (c) it is not relying on any unique or special expertise of the other party and it is not in any special relationship of trust or confidence with respect to the other party; (d) it has, and its representatives have, the authority to enter into this Base Contract and any Transaction hereunder, and (e) it shall comply with all applicable laws and shall not require the other party to take any action that would cause it to fail to comply with any applicable law." SECTION 10. FINANCIAL RESPONSIBILITY (A) The second sentence of Section 10.l is amended by deleting"a security interest in an asset". (B) Section 10.2 is amended by: (a) in the ninth line, (i) inserting the words "or otherwise" after the word "hereunder", and (ii) deleting the word "or" after"payment is due,"and (b) in the tenth line, inserting the following after"Additional Event of Default": "or (x) breach any material representation or warranty made in the Base Contract or in any Credit Support Obligations relating to the Base Contract." (C) In Section 10.3.2, insert after"Section 10.3.l"on the second line, the words"plus all Costs." (D) In Section 10.5, insert(i)"and/or a swap agreement for purposes of,and"after `forward contract",(ii)",master netting agreement participants and/or swap participants for purposes of,and" following"forward contract merchants"and(iii)at the end of the paragraph, insert,"The parties acknowledge and agree that the preceding sentence is not an agreement or an admission by the parties that any Transaction is a swap or swap agreement for any other purpose(including,without limitation, for purposes of the Commodity Exchange Act)." SECTION 14. MARKET DISRUPTION (A) Section 14, Market Disruption, is amended by replacing"other party's two quotes"with"quotes provided" in the seventh line. SECTION 15. MISCELLANEOUS (A) Section 15.1 is amended(i)in the sixth line by inserting the phrase"of equal or greater creditworthiness" following "Affiliate." (B) Section 15.3 is amended by adding the following sentence to the end thereof: "No delay or omission by a party in the exercise of any right hereunder shall be construed as a waiver or relinquishment thereof." (C) Section 15.10 is amended in the third line by(i)inserting"party's Affiliates and the parry's and its Affiliates"following `other than the"and(ii)deleting'•ofthe party"following"and other agents". (D) Section 15.11 is deleted and replaced with the following: 15.11 EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY SUIT, ACTION,CLAIM OR PROCEEDING RELATING TO THIS CONTRACT. EACH PARTY SUBMITS TO THE NON-EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED INCALIFORNIA, COUNTY OF LOS ANGELES, FOR ANY ACTION OR PROCEEDING RELATING TO THIS BASE CONTRACT OR ANY TRANSACTION, AND EXPRESSLY WAIVES ANY OBJECTION IT MAY HAVE TO SUCH JURISDICTION OR THE CONVENIENCE OF SUCH FORUM. (E) Add the following new Section at the end of the Base Contract: t5.13 Corrections to Published Prices. For purposes of determining the relevant prices for any day, if the price published or announced on a given day and used or to be used to determine a relevant price is subsequently corrected and the correction is published or announced by the person responsible for that publication or announcement, either party may notify the other party of(i) that correction and (ii) the amount (if any) that is payable as a result of that correction. If a party gives Notice that an amount is so payable, the party that originally either received or retained such amount will, no later than ten days after the effectiveness of that Notice, pay, subject to any applicable conditions precedent, to the other parry that amount, together with interest at the rate set forth in the Base Contract, for the period from and including the day on which payment originally was (or was not) made to but excluding the day of payment of the refund or payment resulting from that correction. IN WITNESS WHEREOF, the parties hereto have executed this Base Contract, including these Special Provisions in duplicate City of Vernon,CA Freepoint Commodities LLC By: B' ''' Name: Name: Title: Title: MUNICIPAL RIDER to the Base Contract for Sale and Purchase of Natural Gas (NAESB Standard 6.3.1, 2006)("Base Contract") entered into by and between Freepoint Commodities LLC ("Freepoint")and the City of Vernon,CA("Government Entity") and dated as of August 24,2016 The following revisions to the Base Contract are made to apply to the City of Vernon, CA (the "Government Entity"): 1. The following is added as new Section 8.7: `-Government Entity warrants and covenants that with respect to its contractual obligations hereunder and performance thereof, it will not claim immunity on the grounds of sovereignty or similar grounds with respect to itself or its revenues or assets from (a) suit, (b)jurisdiction of court (including a court located outside the jurisdiction of its organization), (c) relief by way of injunction, order for specific performance or recovery of property, (d) attachment of assets (whether before or after judgment), or (e) execution or enforcement of any judgment to which immunity it or its revenues or assets might otherwise be entitled in any suit, action or proceeding in the courts of any jurisdiction and irrevocably agrees that it will not claim any such immunity in any such suit,action or proceeding." 2. In Section 10.2, the following are added as additional Events of Default with respect to Government Entity: `'or(xi) have appointed or designated with respect to it, an entity such as an organization, board, commission, authority, agency or body to monitor, review, oversee, recommend or declare a financial emergency or similar state of financial distress with respect to it; or (xii) declare or introduce or propose for consideration by it or have any legislative,judicial or regulatory body with competent jurisdiction over it declare or introduce or propose for consideration by it, the existence of a state of financial emergency or similar state of financial distress in respect of it." 3. The following sentence shall be added to the end of Section 1 1.3: "With respect to the Government Entity, Force Majeure does not include any action taken by the Government Entity in its governmental capacity." 4. The following sentence is added to the end of Section 15.8: "Government Entity represents and warrants that it has taken all necessary action and made all necessary determinations and findings to authorize due execution, delivery and performance of this Contract (including, but not limited to, competitive bidding, public notice, election, referendum, prior appropriation or other required procedures that are required pursuant to the Government Entity's ordinances, bylaws or other regulations). Government Entity further represents and warrants that it has obtained all governmental and other consents that are required to have been obtained by it with respect to this Contract or any guaranty to which it is a party and all necessary consents have been obtained and are in full force and effect and all conditions of any such consents have been complied with." 5. The following sections are added to the end of Section 15: Page I of 3 DC2268179 3 ``15.14 Notice of Incipient Illep-ality. If an Incipient Illegality occurs, the Government Entity will, promptly upon becoming aware of it, notify Freepoint of such Incipient Illegality, specifying the nature of that Incipient Illegality and will also give such other information about that Incipient Illegality as Freepoint may reasonably require. 15.15 Term. The term of any transaction under this Contract shall not extend beyond any applicable limitation imposed by any enabling act or other relevant constitutional, organic or other governing documents or applicable law. 15.16 The Government Entity represents to Freepoint, that the Government Entity's obligations to make payments hereunder are unsubordinated obligations and such payments are (a) operating and maintenance costs (or similar designation) which enjoy first priority of payment at all times under any and all bond ordinances or indentures to which it is a party, any enabling act and all relevant constitutional, organic or other governing documents and applicable law or(b)otherwise not subject to any prior claim under any and all bond ordinances or indentures to which it is a party, the enabling act and all other relevant constitutional, organic or other governing documents and applicable law and are available without limitation or deduction to satisfy all Governmental Entity obligations hereunder and under each transaction or (c) to be made solely from a fund or account of the Governmental Entity set aside and or pledged to satisfy the Governmental Entity's obligations under this Contract for the entire Delivery Period." 6. The following definition shall apply to this Municipal Rider: "Incipient Illegality" means (a) the enactment, by any legislative body with competent jurisdiction over Government Entity, of legislation which, if adopted as law, would render unlawful (i) the performance by such Government Entity of any absolute or contingent obligation to make a payment or delivery or to receive a payment or delivery in respect of a transaction or the compliance by such Government Entity with any other material provision of this Contract or (ii) the performance by Government Entity of any contingent or other obligation which the Government Entity has under any credit enhancement relating to such transaction, (b) any assertion in any proceeding, forum or action by a Government Entity, in respect of Government Entity or in respect of any entity located or organized under the laws of the state in which Government Entity is located to the effect that performance under this Contract or similar agreements is unlawful or (c) the occurrence with respect to a Government Entity or any Guarantor of such Government Entity of any of any event that constitutes an illegality." 7. The following language shall be added after the last paragraph of Section 15.10: "Notwithstanding the foregoing, the City of Vernon represents to Freepoint that it is a municipality and it may be required to disclose certain information regarding the terms of any transaction hereunder between the parties to the public as part of its approval process or pursuant to other applicable law, including but not limited to the California Public Records Act(Gov't Code §§ 6250 et seq.). If the City of Vernon, or is required by law to disclose, information concerning this Base Contract or the terms of any transaction hereunder, City of Vernon will promptly notify Freepoint thereof and of the nature of the request or requirement and City of Vernon's interpretation of the applicable disclosure requirements. Freepoint may at its sole expense to seek a protective order or other appropriate remedy to prevent or limit disclosure if Freepoint so elects." Page 2 of 3 IN WITNESS WHEREOF the parties have executed this Municipal Rider on the respective dates specified below with effect from the date specified on the first page of the Special Provisions. Freepoint Commodities LLC City of Vernon,CA By: _ By: Name: _ Name: Title: Title: Date: 1 I Date: 1 I Page 3 of 3 RECEIVED U ECEIVED SEP 13 2016 R4; SEP 0 8 2016 CRY CLERK'S OFFICE CITY ADMINISTRATION STAFF REPORT HUMAN RESOURCES DEPARTMENT DATE: September 20,2016 TO: Honorable Mayor and City Council FROM: Lisette Michel Grizzene, Interim Human Resources Director RE: Adoption of City of Vernon Revised Personnel Policies and Procedures, Salary Plan Administration II-3 Recommendation A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review, because it is an administrative maintenance activity that will not result in direct physical changes in the environment, and therefore does not constitute a"project" as defined by CEQA Guidelines section 15378. B. Adopt the attached revised Personnel Policy and Procedure, Salary Plan Administration Policy II-3 and incorporate it into the Personnel Policies and Procedures Manual; and C. Authorize the City Administrator and the Director of Human Resources to execute and distribute the above-referenced policy to all employees. Background The Human Resources Department is responsible for maintaining and managing the City's Personnel Policies and Procedures Manual. During recent labor negotiations, performance based merit increase criteria were mutually agreed upon that is inconsistent with current policy language. The Labor Unions were provided with an opportunity to comment on the proposed revisions. The proposed revisions align the policy and reflect the changes on the newly adopted Memoranda of Understanding, and establish similar standards for non-represented employees. Fiscal Impact There is no budget impact. Attachment(s) 1. Salary Plan Administration Policy II-3 Page 1 of 1 OF Veb City of Vernon, California AFL "' ,. Human Resources Policies and Procedures t Director of Human Resources City Administrator Number:II-3 Effective Date: SUBJECT: SALARY PLAN ADMINISTRATION PURPOSE: To describe the Salary Plan and provide basic guidelines for Plan administration. DEFINITION: The term Salary Plan includes the City pay schedules and the means by which pay is adjusted, such as merit, promotional and reclassification increases, demotional decreases and differential payments. Computation of Pay: The following formulas shall be used when determining salary rates identified in the salary schedules: Fifty-six (56) Hour Week Personnel (a) The stated "monthly rate" multiplied by 12 equals the "annual rate" (b) The "annual rate" divided by 2,912 equals the "hourly rate" (c) The "hourly rate" multiplied by 112 equals the "biweekly rate" Forty(40) Hour Shift Personnel (a) The stated "monthly rate" multiplied by 12 equals the "annual rate" (b) The "annual rate" divided by 2080 equals the "hourly rate" (c) The "annual rate" divided by 26 equals the "biweekly rate" 1 Number. 11-3 Effective Date:_ City Administrator, City Attorney and City Councilmembem The formula herein shall be used to convert the monthly rates provided for the City Administrator, City Attorney and City Councilmembers to biweekly amounts without considering the hours worked by said officers: (a) The stated "monthly rate" multiplied by 12 equals the "annual rate" (b) The annual rate" divided by 26 equals the "biweekly rate" POLICY: Employees are paid on a bi-weekly basis. If the payday falls on a non- business day, paychecks will be issued the previous business day. 1. Basic Pay Policy of the City: Within limitations of the meet and confer process and financial ability of the City, to provide: a. Equal pay for substantially equal work performed under similar conditions. b. Differences in pay based on compensable factors including recognizable differences in work performed, responsibilities assigned, experience, and qualifications required. This policy is intended to attract, retain, and motivate highly qualified staff that are necessary to enable the City of Vernon to discharge its obligations to the community with regard to the quality and timeliness of services provided. Based on the desire of the City Council to provide high quality services and leadership to the community and management to the organization, the compensation policy should be postured to pay market average compensation levels at a minimum, with an ideal of paying employees at the 75t' percentile of the applicable labor market. To this end, the Human Resources staff shall make available to the City Administrator for consideration in determining pay, the salary grade at the 75 percentile of the competitive surveyed rates. The 75 h percentile will be one of several internal and external factors that the City will use to consider appropriate compensation. 2. Pay Schedules: Pay schedules are listings of classes by Bargaining Unit or unrepresented grouping, with monthly salary ranges assigned to the class. The ranges have from 1-5 salary steps (increments) with each step approximately 5% greater than the preceding step. Classes excluded from the Classified Service (i.e., Department Heads), do not have specific salary steps and may range from a minimum to a maximum salary rate. 2 Number; H-3 Effective Date:- Classes in the Special Classes section (i.e., Trainee) may have one or more hourly rates, one flat monthly salary rate, or a pay range within one step. 3. Plan Maintenance: The Human Resources Director shall be responsible for maintenance of the Salary Plan and shall prepare all revisions to the Plan for approval by the City Administrator and City Council. Revisions may include adjustments to fringe benefits and salary range of a class or group of classes based on: a. Internal pay comparisons between classes. b. Prevailing rates of pay in the labor market. c. Employee recruitment and/or retention problems. d. Negotiations with represented or non-represented employees. Revisions shall become effective the first pay period after City Council approval or the recommended date approved by City Council. New job classes and salary ranges shall not be added to the Plan during the yearly budget preparation process without the review and concurrence of the Human Resources Director, Finance Director, and City Administrator (see policies II-1 and I1-2 for expanded treatment). 4. Placement within a Salary Range: The City Administrator has broad authority to approve placement of employees (those being hired as well as existing City employees) to any higher step within the established salary range for a particular position based upon merit, or to meet unique recruiting/retention needs within a particular Department. a. Upon Initial Appointment - Original appointment to any position in a job class shall be made at the minimum or first step of a salary range for that job class. A department head may, as authorized by the City Administrator, appoint at mid-range of a salary range when: 1} An applicant's experience, training, knowledge, skills, and abilities are substantially over and above the requirements of a job class and other applicants or, 2) A critical shortage of suitable applicants exists and a higher step is required to fill a vacancy. Initial compensation at the step above mid-range and higher in a salary range requires approval by the Human Resources Director and City Administrator in each instance. 3 Number. 11-3 Effective Date: b. Upon Promotion - An employee promoted from a position in one class to a position in another class with a salary range having a higher maximum rate of pay shall advance to the closest higher step within the new salary range that would provide a minimum of a 5% increase, not to exceed the maximum of the range. c. Upon Reclassification (see Policy 11-2) 1) Upward Reclassification - An employee promoted or reclassified from a position in one class to a position in another class with a salary range having a higher maximum rate of pay shall be entitled to the closest higher step within the new salary range that would provide a minimum of a 5% increase, not to exceed the maximum of the range. 2) Downward Reclassification - An employee in a position reclassified to a new or existing class with a lower maximum salary rate shall either: a) Retain current salary rate if it is the same as a step within the salary range of the new class; or b) Be placed on the next highest step within the salary range of the new class that approximates the current salary if the current salary is between steps in the new salary range; or c) Be reduced to the maximum step of the salary range of the new class if current salary is greater than the maximum rate of the new salary range; or d) Be assigned a "Y" rate (red circle) designation that holds the incumbent at a current salary which is above the new range until such time as the salary rate of the new class is the same as or exceeds the amount of the "Y" rate. Establishment of a "Y' rate is an administrative determination and requires approval of the Department Head, Human Resources Director, and City Administrator. 3) Lateral Reclassification - An employee in a position reclassified to a new or existing class with a salary range having the same maximum salary rate, shall retain current salary rate. c. Upon Transfer - An employee transferred from a position in one job class to a position in the same or parallel job class having the same maximum rate of pay, whether in the same or another department, shall receive the same salary step in the new range as held in the former position. An employee's eligible merit increase date shall not change. 4 Number;II-3 Effective Date: e. Upon Reinstatement and Re-Employment 1) After Military Service - An employee returning from an approved military duty leave of absence (temporary or regular active duty) shall be placed at the equivalent salary rate that had been attained prior to leave. 2) After Lay-Off— A full-time employee, reinstated within 12 months of lay-off to a position in the job class previously held, shall be placed on the same salary step that had been attained prior to lay-off. 3) After Voluntary Resignation - An employee reinstated, within 12 months of voluntary resignation, to a position in the job class previously held shall be placed on the same salary step that had been attained prior to voluntary resignation. f. Upon Demotion - An employee demoted to a job class with a salary range having a lower maximum rate of pay because of less than satisfactory performance, disciplinary reasons, or the employee's own request, may be placed on the step closest to, but not more than, the salary range equal to the employee's current rate of pay. Such step determination shall be made by the Department Head and approved, in advance, by the Human Resources Director and City Administrator. g. Upon Upward Salary Range Change - An employee in a job class where the entire salary range is adjusted shall be compensated at the equivalent to one step greater in the new salary range than he/she was receiving in the previous salary range, not to exceed 5% increase, but not less than the first step in the new salary range subject to City Administrator and City Council approval, and the City's financial ability to pay. h. Upon Addition of a Step to a Salary Range - An employee in a job class where the number of steps in a salary range is increased by the addition of one or more steps to the top or bottom of the existing salary range shall: 1} Retain current salary and step when an additional step is added to the top of the salary range. Step advancement shall be at the next review date in lieu of any special agreement with employee and/or bargaining unit. 2) Retain current salary but have step number changed when the additional step is added to the bottom of the salary range. i_ Adiustments in Salary Ranges: General adjustments in salary ranges made hereafter by virtue of increases or decreases shall be made by adjusting classes upward or downward to the appropriate standard salary range. 5 Number:II-3 Effective Date: Where the salary range for a given class or for several classes is revised upward or downward, the employees holding positions in classes affected shall have their existing salary adjusted to the same relative step in the new salary range provided. 5. Advancement Within a Salary Ranae: a. Effective Date - The effective date of a salary step (merit) increase shall be effective the beginning of the first full pay period in_n _July_ following completion af the and performance requirements specified in the Personnel Policies and Procedures Performance Evaluation IV-1. Merit Increases - All salary advancements within a salary range for a job class shall not be automatic but shall be based upon merit and ability as recorded on a performance evaluation form and upon the financial ability of the City to make such advancements. Please refer to Personnel Policies and Procedures Performance Evaluation IV-1 for additional policy. c. Frequency of Merit Increases for Full-time Employees - Employees may be granted a merit increase to the next step of the salary range at yearly (26 pay periods) intervals of continuous satisfae#ery,-above average 1 exceeds standard sefvi erformance ratin until the maximum salary rate is attained, effective after completion of 12 mor+ths of service, starting_an the first full_pay._period in July. Any variances to this policy shall be described in applicable memoranda of understanding. - Frequency of Merit Increases for Part-time Employees - Part-time employees will advance within the salary range according to 2080 hours worked, effective after comolption of 2080 hours or services. starting on the first full pay Period in July. Progression to succeeding steps does not convey or imply any additional employment or other rights beyond a wage increase. Medt increases for Temporary Employees - Temporary employees are hired at Step 1 and remain at the 1 s step throughout their employment as temporary employees. f. Temporary Assignments and Acting Pa v - Part-time employees and full-time employees who are employed in a temporary or acting job classification with a higher salary range may be appointed at Salary Step 1 or a higher salary step in order to provide a minimum 5% salary increase. q. Apprentice/Trainee Programs - Salary step increases for apprentice/ trainee programs shall be based on the Program's criteria for such step increases. Adjustments Coinciding with Step increases - In the event that a promotion, reclassification, or change in salary allocation is to be effective on the same date that an employee is eligible for consideration for a step increase, he/she shall first receive the step increase if approved. 6 Number. II-3 Effective Date: i. Compensation for Portion of Pay Period —An employee serving on a full- time basis who works less than a full bi-weekly pay period, except when on authorized leave of absence with pay, shall receive as compensation for such period an amount equal to the number of hours worked times the employee's hourly rate. The number of hours worked in such bi-weekly pay period shall include paid holidays. Denial of a Salary Step ( fedt) Increase - When an employee has not demonstrated the minimum required satisfaGtor; above av r--7.- exceeds standard rating for performance on the job during the review period, the department head shall defer the salary step (merit) increase for a specified period of time that may extend to the next review date not to exceed one year. If the department head declines to recommend an annual salary step (merit) increase, the department head shall state his/her reasons in a written evaluation of the employee's job performance for the period in which such performance is being evaluated; such evaluation shall be reviewed by the department head with the employee and a copy of the evaluation forwarded to the City Administrator and Director of Human Resources. When in the judgment of the department head, the employee has at any time thereafter earned a merit increase, he/she shall so recommend in writing to the City Administrator. Upon written approval by the City Administrator, the employee shall advance to the next higher step in the salary range and receive a new salary anniversary date. Employees shall be notified in writing of denial of a merit increase on or before the effective date of the employee's evaluation, as outlined in the City's Performance Evaluation Policy. If the employee is not notified on or before his/her evaluation date, the employee shall be considered to have met the minimum required rtil,;�Giery t. ._ av, .-ge / ex ..-;ds standar. rating for performance on the job during the review period, and eligible for annual salary (merit) step in accordance to applicable policy, 6. Sup lemental Pay Provisions: a. Salary Differentials - Individual employees may receive additional pay (either a dollar amount or percentage) above base salary when assigned additional duties and responsibilities not normally found in their class, when assigned to positions that entail a specified hazardous condition, when possessing a special talent or ability utilized by the City, or hold certain certificates for educational achievement. After approval by the City Administrator and Director of Human Resources, premium pay as defined below shall be assigned to persons found to possess on a regular or temporary assignment such additional duties and responsibilities or whose positions entail certain hazards as to warrant this salary step over the base class. 1. 5% Premium Pay - A temporary 5% increase in pay shall be given to 7 Number. II-3 Efjective Date: employees during periods when they temporarily assume some of the duties of higher level job classes. Upgrade pay does not apply for short term absences or vacation coverage (2 weeks). 2. 10% Premium Pay — A temporary 10% increase in pay shall be given to employees when in the judgment of the Department Head and concurrence with the City Administrator they temporarily assume more higher and complex additional duties and responsibilities not nominally found in their class. Upgrade pay does not apply for short term absences or vacation coverage (2 weeks). 3. Notary Public Certification Pay - A 2.5% increase in base pay shall be given to employees who are designated by the City Administrator (excluding City Clerk) to perform notary public services on behalf of the City. Exceptions, additions and/or limitations to this basic policy conceming salary differentials may be found in the respective Memoranda of Understanding. d. Overtime - All full-time, non-exempt employees, by the provisions of the Fair Labor Standards Act (FLSA), who perform authorized work in excess of his/her normal work period, shall be compensated for such work at the rate of 1.5 times the regular hourly rate of pay. The City Administrator, department heads, and those management employees designated as exempt by the provisions of the Fair Labor Standards Act (FLSA), shall not be subject to overtime compensation, but shall work such hours as may be necessary for the effective operation of their respective departments. Exceptions and/or limitations to this basic policy concerning overtime work after certain hours are found in the Overtime Policy or respective Memoranda of Understanding\. All full-time, non-exempt employees, by the provisions of the Fair Labor Standards Act (FLSA), may request compensatory time off for overtime worked in lieu of cash payment, calculated by multiplying the number of hours of overtime worked by one and one-half, and subject to approval by the department head; provided, however, that accrued compensatory time off at any point in time does not exceed the maximum allowed in accordance with the Overtime Policy, Compensatory Time or respective Memoranda of Understanding. e. Call Time — Call time shall be that period of time other than regularly scheduled working time, when an employee at the direction of the department is on standby duty, is required to remain in the immediate area, and is available to receive and respond to calls for emergency service. 8 Number:II--3 Effective Date: Exceptions and/or limitations to this basic policy concerning Call-Time are found in the respective Memoranda of Understanding. d. Emergency Premium Pax — Full-time, part-time and temporary employees will be compensated at time and a half (1.5x) for all time worked beyond their regular work schedule in a day due to a state of emergency being declared by either the City Council or City Administrator. Exceptions and/or limitations to this basic policy concerning Emergency Premium Pay are found in the respective Memoranda of Understanding. e. Court Time Pay — An employee subpoenaed to testify in court in a matter arising within the course and scope of his/her City employment shall be given paid leave to appear during on duty hours. Off duty hours shall be compensated at the applicable pay rate. Exceptions and/or limitations to this basic policy concerning Court Time Pay are found in the respective Memoranda of Understanding. 9 RECEI.%f71 RECEIVED tO SEP US SEP 1 2 2016 (MY CLERI'l"S ',J� -IZE C11'YADMINISTRATION STAFF REPORT 0� q HUMAN RESOURCES DEPARTMENT DATE: September 20, 2016 TO: Honorable Mayor and City Council FROM: Lisette Michel Grizzelle, Interim Human Resources Director A_� RE: Adoption of City of Vernon Revised Personnel Policies and Procedures, Performance Evaluation IV-1 Recommendation A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review, because it is an administrative maintenance activity that will not result in direct physical changes in the environment, and therefore does not constitute a"project" as defined by CEQA Guidelines section 15378. B. Adopt the attached revised Personnel Policy and Procedure, Performance Evaluation Policy IV-1 and incorporate it into the Personnel Policies and Procedures Manual; and C. Authorize the City Administrator and the Director of Human Resources to execute and - distribute the above-referenced policy to all employees. Background The Human Resources Department is responsible for maintaining and managing the City's Personnel Policies and Procedures Manual. During recent labor negotiations, performance based merit increase criteria were mutually agreed upon that is inconsistent with current policy language. The Labor Unions were provided with an opportunity to comment on the proposed revisions. The proposed revisions align the policy and reflect the changes on the newly adopted Memoranda of Understanding, and establish similar standards for non-represented employees. Fiscal Impact There is no budget impact. Attachment(s) I. Performance Evaluation Policy IV-I Page IofI -. �Of vZ City of Vernon, California C.0, Human Resources Policies and Procedures ' Director of Human Resources a .r City Administrator Number:IV-] Effective Date:- SUBJECT: PERFORMANCE EVALUATION PURPOSE: To provide a systematic method for the evaluation, recording and improvement of the work effectiveness of employees. POLICY: All part-time and full-time employees shall have their job performance evaluated on a systematic, scheduled basis. Timing of such performance appraisals will depend on the status of the employee, and the type of personnel action involved. RESPONSIBILITIES Basic responsibility for effective administration of the performance evaluation system shall be in the individual departments with the Human Resources Department providing support services. STANDARDS Each department is expected to develop and use performance standards covering the various job classes utilized in its department. These performance standards should reference the quantity and quality of work, the manner in which service is rendered, and such characteristics that shall measure the value of individual employees in those job classes. Employees shall be informed of such performance standards prior to the beginning of any evaluation period for which such standards are being used. PREPARATION All employees shall have their job performance evaluated by their immediate supervisor on a systematic, scheduled basis as listed below. Regular Full-time Employees - Employees in regular full-time positions will have their performance evaluated in accordance to the following schedule: 1 Number: I V-I Effective Date:- General Employees • 3 Months after initial hire date 6 Months after initial hire date (Final Probation) • 6 Months after Final Probation (Annual date) Safety Employees • 3 Months after initial hire date • 6 Months after initial hire date • 12 Months after initial hire date (Safety Final Probation) • Annually thereafter Review Date - The review date for performance evaluations shall be subject to adjustment for all non-paid work time absences of 20 consecutive working days or more. Merit Increase Evaluations - For employees in regular full-time positions of a job class whose salary range has steps other than a flat rate, the following schedule applies only when performance is safisfaGte above average I exceeds standard. All salary advancements within a salary range for a job class shall not be automatic but shall be based upon merit and ability as recorded on a performance evaluation form and upon the financial ability of the City to make such advancements. • One step increase after completion of 12 months (2,080 fours) of service effective on the first full pay_penod in July • Each succeeding step to maximum rate after completion of 12 months (2,080 hours) of service from preceding step, effective on the first full pay period in July Regular Part-time Employees - Employees in regular part-time positions will have their performance evaluated in accordance with the following schedule: • 3 Months after initial hire date • 6 Months after initial hire date • Upon completion of 2080 hours worked. • Every 2080 hours thereafter Merit Increase Evaluations - For employees in regular part-time positions of a job class whose salary range has steps other than a flat rate, the following schedule applies only when performance is_�tistacto apa.,: :verage i e cee<-; standar�_. Alf salary advancements within a salary range for a job class shall not be automatic but shall be based upon merit and ability as recorded on a performance evaluation form and upon the financial ability of the City to make such advancements. 2 Number. IV--I Effective Date • One Step increase after completion of 2,080 hours of service, effective on the first full pay period of July. Each succeeding step to maximum rate after completion of 2,080 hours of service from preceding step, effective on 4he first tuil pay periog in Jui�, Denial of a Salary Step (Merit) Increase - When an employee has not demonstrated the minimum required :ve average / exceeds standard rating for performance on the job during the review period, the department head shall defer the salary step (merit) increase for a specified period of time that may extend to the next review date not to exceed one year. If the department head declines to recommend an annual salary step (merit) increase, the department head shall state his/her reasons in a written evaluation of the employee's job performance for the period in which such performance is being evaluated; such evaluation shall be reviewed by the department head with the employee and a copy of the evaluation forwarded to the City Administrator and Director of Human Resources. When in the judgment of the department head, the employee has at any time thereafter earned a merit increase, he/she shall so recommend in writing to the City Administrator. Upon written approval by the City Administrator, the employee shall advance to the next higher step in the salary range and receive a new salary anniversary date. Employees shall be notified in writing of denial of a merit increase on or before the effective date of the employee's evaluation. If the employee is not notified on or before his/her evaluation date, the employee shall be considered to have met the minimum required tisf-GtOF!.above average / exceeds standard rating for performance on the job during the review period, and eligible for annual salary (merit) step in accordance to applicable policy. Interim Evaluations — Interim or supplemental evaluations may be initiated by a supervisor whenever the supervisor believes it to be in the best interest of the employee, supervisor, or department to do so. This type of evaluation is usually made whenever an employee's performance and/or work conduct has markedly changed since a previous evaluation, whenever an employee has failed to improve after a previous less than satisfactory evaluation, counseling or training. Interim evaluations can also be used to commend an employee for consistent outstanding performance. All performance evaluations shall be recorded on the City Performance Evaluation form. Supplemental department specific evaluation forms and additional explanatory pages may be added as necessary to provide a complete evaluation. THE EVALUATION FORM The City of Vemon Performance Appraisal consists of the following sections: Part I - Key Results - This section is comprised of three subsections: (a) Objectives 3 Number: I V-I Effective Date: Accomplished; (b) Additional Accomplishments; and (c) Unaccomplished Objectives. This information provides feedback to employees on key objectives developed at the beginning of the performance evaluation period. Supervisors compare the accomplishments with the planned objectives. The opportunity is also available to acknowledge accomplishments that exceeded the planned objective(s) or that were not achieved. This section has a direct relation to Part IV (Performance Improvement Plan). Part 11 - Job Behaviors - Job Behavior provides employees with the supervisor's observation of daily work habits and behaviors. Supervisors should use the whole evaluation period to determine the employee's behavior. Applicable behaviors are pertinent to those regularly performed activities. The behavior should have direct relationship to the completion of the planned objectives and daily work activities. Definition of Ratinas Outstanding Performance — work performance is consistently and substantially well above the standard expected of a thoroughly competent worker. Performance is distinctly superior. Employee exceeds established work standards and objectives for the position. Employee responds well to change and handles unanticipated problems/situations well. If the overall rating is outstanding the rater must give a written statement of factual substantiation for the rating. Above Average Performance — Consistently fulfills work requirements for which employee is responsible. Employee often exceeds reasonable goals and objectives and regularly exceeds established work standards and objectives for the position. Responsive to change, handles emergency situations or unanticipated problems well. Makes creative use of time. Safisfactorr Meets Standard Performance — Work performance is consistently up to the standard expected of a thoroughly competent worker in that position. Employee, for the most part, is able to establish and meet reasonable goals and objectives. Does not meet Standards / Need Improvement / Below Standard — Improvement is needed for the work to be fully satisfactory. Added effort with additional training or experience probably will bring the performance up to the desired standard. An overall and continued rating of not meeting standards can be sufficient cause for disciplinary action. If the overall rating is "Does not meet Standards," the rater must provide a written statement of factual substantiation for the rating. Part III - Overall Performance - This section has a direct correlation with Parts 1 and 2. After developing and/or applying job standards and evaluating an employee's job performance, an overall evaluation rating is to be given. There is no formula for determining this overall rating. The supervisor has to consider the employee's 4 Number: IV 1 Effective Date: performance against the standards of performance expected of all individuals performing those duties in the department to make this decision. The overall rating should be consistent with the employee's completion of major objectives and their regular work behavior. Part IV - Performance Improvement Plan - The Performance Improvement Plan provides the employee with a plan to aid in improvement and correcting deficiencies that will assist in their development toward satisfactory performance. The plan should be specific and employee should be able to complete the plan objectives/goals during the next evaluation period. The plan must be completed when employees are deficient and there are major obstacles for achieving a satisfactory performance evaluation. Action can include completion of courses and/or change in behavior. Supervisors should refer to documented incidents that are causing problems in performance. Unsatisfactory improvement and lack of accomplishment of the performance improvement plan can be sufficient cause for disciplinary action. Part V — Goals and Objectives for Next Performance Appraisal Review Period — Dudng the evaluation process, the supervisor must discuss with the employee the key objectives to be accomplished during the next evaluation period. Supervisors should consider the goals of the division or department and how the employee's job performance will affect their achievement. Employee comments and recommendations are encouraged. This portion of the evaluation should be periodically discussed with the employee during the evaluation period. Supervisors are to refer to the planned objectives when completing Part I (Key Results) at the end of the evaluation period. Part VI - Employee's Comments and Signature - The employee's signature is an acknowledgment that the performance appraisal was discussed. The signature does not necessarily mean that the employee agrees with evaluation content. If there is a refusal to sign a performance evaluation, the supervisor shall note on the performance evaluation the refusal of the employee to sign. The employee may enter remarks in the space provided or attach a separate written response specific to the evaluation within ten calendar days of the employee's receipt of the Performance Evaluation. Performance Evaluations shall also contain the signatures of the rater, reviewer and/or department head. Upon completion of the department review, an employee shall receive a copy of the performance evaluation and the department may place a copy in an intemal file. The Human Resources Department will review completed evaluations, as appropriate, and will maintain the original evaluation in the employee's personnel file. i 5 Number 1 V-1 Effective Date:- PROCEDURE: Responsibility Action Human Resources 1. Provides the evaluation date for each employee to the department and monitors the timeliness of the evaluation, especially for the end of probation and training periods. Maintains each employee's performance appraisal history in his/her personnel file. Supervisor 2. Assists in the development of job related standards for each job class supervised; completes the performance appraisal accurately and objectively on the basis of observation and/or knowledge of an employee's work; reviews and obtains approval of performance appraisals within the appropriate departmental line of authority; conducts the evaluation interview with an employee. Department Head 3. Develops job related standards for each job classification in the department; receives and/or distributes performance appraisal forms to the appropriate supervisors; reviews completed evaluations. 4. Approves and signs each completed performance appraisal and forwards to Human Resources Department 5. Submits appropriate Personnel Action Form (PAF) to the Human Resources Department if merit increase for performance is applicable. Attachment: 1.Performance Appraisal Form 2.Executive Performance Appraisal Form 6 CITY OF VERNON ';- PERFORMANCE EVALUATION Employee Name Rating Period From To Position Title Department Type of Evaluation ❑3 months ❑6 months ❑Annual ❑Special PART I—KEY RESULTS OBJECTIVES ACCOMPLISHED List the specific goals and objectives accomplished by the employee during this rating period,compared with those established in the previous evaluation. ADDITIONAL ACCOMPLISHMENTS List any additional goals and objectives that were accomplished and exceeded the planned objectives. UNACCOMPLISHED OBJECTIVES List the specific goals and objectives that were not accomplished by the employee during this rating period. Part II—JOB BEHAVIORS RATINGS ARE INDICATED BY"X"MARKINGS Use comments space to describe > W employee's strengths and weaknesses. JOB BEHAVIORS Z W 7 0 Give examples of good work and areas W LL °z c for improvement. v > N Z m ~ W Q COMMENTS QUANTITY AMOUNT OF WORK PERFORMED (Employee performs work of what is required. Employee gives his/her best effort.) COMPLETION OF WORK ON SCHEDULE (Employee completes his/her assignments timely.) COMMENTS QUALITY ACCURACY (Work performed is consistently accurate.) NEATNESS OF WORK PRODUCTS (Completed work is neat and orderly.) THOROUGHNESS (Work is done in a complete manner requiring no follow-ups.) WRITTEN EXPRESSION (Employee's written work is dear,concise,and accurate.) COMMENTS WORK HABITS OBSERVANCE OF WORKING HOURS (Employee gives the required time to the)ob.) ATTENDANCE (Employee's presence on the job is considered normal) SAFETY (Employee performs work safely and uses equipment property) COMPLIANCE WITH WORK INSTRUCTIONS (Employee performs work based on established procedures and special instructions.) ORDERLINESS IN WORK (Employee's work is generally done in an orderly,logical manner&work area is kept in an organized manne(.) JOB INTEREST (Employee shows an overall interest in his/her job.) COMMENTS ADAPTABILITY PERFORMANCE WITH MINIMUM INSTRUCTIONS (The employee adapts to changes in work situations& accepts new procedures.) INITATIVE AND PROBLEM SOLVING (Employee initiates creative&effective solutions to problems.) PART II-JOB BEHAVIORS(continued) RATINGS ARE INDICATED BY"X"MARKINGS Use comments space to describe JOB BEHAVIORS W employee's strengths and _ W weaknesses. Give examples of � N a a a c 4 good work and areas for > �_ N Z improvement. m ~ QW a O 4 8 of COMMENTS PERSONAL RELATIONS COOPERATION WITH FELLOW EMPLOYEES (Employee works well with people. Fie/she cooperates with others to complete a task and/or provides assistance. Employee deals effectively with the public&portrays a positive image.) ORAL EXPRESSION (Employee expresses himself/herself clearly and concisely to co-workers and the public.) SUPERVISION COMMENTS PLANNING,ASSIGNING AND GOAL SETTING (The employee plans the work of his/her staff and effectively communicates it to his/her subordinates. The work of their subordinates fits into the overall goals and objectives of the operation. Employee clearly provides instructions to his/her subordinates on their job duties.) , EVALUATING PERFORMANCE (Employee conducts performance evaluations that are objective and completes subordinates'evaluation in a timely manner. Employee assists with developing subordinates.) FAIRNESS AND IMPARTIALITY (Employee has reasonable expectations of his/her subordinates and treats each eauallv.) PART III—OVERALL EVALUATION OF PERFORMANCE RATINGS ARE INDICATED BY"X"MARKINGS W z Q N °z a u p W Z 0 n 7 m ~ pW 4 O 4 OVERALL EVALUATION PART IV—PERFORMANCE IMPROVEMENT PLAN Please identify development action plans that can aid in improving the employee's job performance and career growth. PART V—GOALS AND OBJECTIVES FOR NEXT PERFORMANCE EVALUATION RATING PERIOD List the specific goals and objectives to be accomplished in the next review period. They should be measurable and results oriented. PART VI—EMPLOYEE'S COMMENTS AND SIGNATURE The contents of this evaluation form have been reviewed by me. My comments are shown below,as applicable, regarding career goals and this performance evaluation. Employee's Signature: Date: (Signature does not necessarily indicate agreement with evaluations,but does acknowledge that the evaluation was conducted.) Supervisor's Signature(Rater): Date: Department Head's Signature: _ _ Date: Eligible for Merit Increase: ❑Yes ❑No ❑Paid at Maximum Rate Distribution: Original to Human Resources Department One copy to Department One copy to Employee --f} x Of V CITY OF VERNON .fix y' EXECUTIVE PERFORMANCE EVALUATION ity We Employee Name Rating Period from To Position Title Department Type of Evaluation ❑3 months ❑6 months ❑Annual ❑Special i PART I—KEY RESULTS OBJECTIVES ACCOMPLISHED List the specific goals and objectives accomplished by the Department Head during this rating period,as established in the previous evaluation. ADDITIONAL ACCOMPLISHMENTS List any additional goals and objectives that were accomplished and exceeded the planned objectives. UNACCOMPLISHED OBJECTIVES List the specific goals and objectives that were not accomplished by the Department Head during this rating period. Part II—JOB BEHAVIORS RATINGS ARE INDICATED BY"X"MARKINGS z z W o W g c Use comments space to describe employee's PERFORMANCE DIMENSIONS W Lu x G x strengths and weaknesses. Give examples of X W LU li W ,� good work and areas for improvement. iY W W Z COMMENTS LEADERSHIP Has the Department Head led his/her department with ethics and integrity;inspired confidence through action;and effectively carried out his/her responsibilities? DECISION MAKING, PROBLEM SOLVING AND ACCOUNTABILITY Has the Department Head made effective decisions;solved problems in a positive manner;and accepted accountability for the decisions? COMMENTS TEAMWORK Has the Department Head built and maintained positive teamwork among employees;promoted open communication;and cooperated as a team member with the City Administrator,City Council and other Department Heads? INITIATIVE AND INNOVATION Has the Department Head been proactive and creative in managing his/her department and resolving issues? COMMENTS MANAGERIAL PLANNING Has the Department Head anticipated future needs and problems;developed strategies,goals and objectives within a larger vision;and aligned plans with available resources? CUSTOMER SERVICE Has the Department head personally and departmentally delivered quality customer service internally as well as externally? COMMENTS QUALITY, QUANTITY AND TIMELINESS Has the Department Head been productive and delivered assignments in a quality manner and on a timely basis? PERSONNEL MANAGEMENT Has the department head effectively selected,organized,directed,motivated, evaluated and disciplined employees? STAFF AND ORGANIZATIONAL DEVELOPMENT Has the Department Head trained and developed the competency and capabilities of his/her employees;improved organizational performance;and fostered positive attitudes and behaviors? PART II -JOB BEHAVIORS(continued) RATINGS ARE INDICATED BY"X"MARKINGS o c W Use comments space to describe PERFORMANCE DIMENSIONS o G w'o employee's strengths and r6 x a. Cr weaknesses. Give examples of good X W W W W o work and areas for improvement. W W V C W W C Z COMMENTS MANAGEMENT Has the Department Head prepared accurate financial forecasts;developed solutions to revenue, expenditure,productivity and cost containment needs;and economically administered departmental finances? BUDGET MANAGEMENT Has the Department Head effectively prepared,monitored and administered his/her departmental budget? COMMENTS VERBAL COMMUNICATIONS Has the Department Head listened;shown understanding;delivered clear oral communications;and encouraged a climate for open discussion? WRITTEN COMMUNICATIONS Has the Department personally and departmentally created concise, accurate and understandable written communications? PRESENTATION SKILLS Has the Department Head delivered effective presentations that are brief and to the point,well prepared and are delivered with confidence and clarity? WORK RELATIONS Has the Department Head fostered positive relations with employees,the community, and other public agencies? CITY ADMINISTRATOR RELATIONS Has the Department Head followed through on commitments; maintained effective communications;and fostered positive relations with the City Administrator? 1 COUNCIL RELATIONS Has the Department Head developed and maintained a positive working relationship with the City Council and carried out its policy directions. PART III—OVERALL EVALUATION OF PERFORMANCE RATINGS ARE INDICATED BY"X"MARKINGS J Z Z CW Z O 0 Q C O W F ~ O W u W d d = x W W W OVERALL MANAGERIAL PERFORMANCE EVALUATION Taking into consideration all of the performance dimensions,the Department Head's overall performance rating for this period is: PART IV—PERFORMANCE IMPROVEMENT PLAN Please identify development action plans that can aid in improving the employee's job performance and career growth. PART V—GOALS AND OBJECTIVES FOR NEXT PERFORMANCE EVALUATION RATING PERIOD List the specific goals and objectives to be accomplished in the next review period. They should be measurable and results oriented. PART VI—EMPLOYEE'S COMMENTS AND SIGNATURE The contents of this evaluation form have been reviewed by me. My comments are shown below,as applicable, regarding career goals and this performance evaluation. Employee's Signature: . _ _ C;� }: (Signature does not necessarily indicate agreement with evaluations,but does acknowledge that the evaluation was conducted.) City Administrator's Signature:. Department Head's Signature:_ _ Date: 4 RECEIVES oe RZFECEIVED sEP a s Zoos 4rt R S cP 01 20% CITY CLERKS OFFICE CIT Y ADMINISTRATION POLICE DEPARTMENT Daniel Calleros, Chief of Police 4305 Santa Fe Avenue, Vernon, California 90058 Telephone(323)587-5171 Fax(323)826-1481 September 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., August 16, 2016 up to and including midnight of August 31, 2016. Respectfully submitted, VFRNON POLICE DEPARTMENT Z"!J ` DANIEL CALLEROS CHIEF OF POLICE DC/dr Xc(usivefy Industrraf VERNON POLICE DEPARTMENT Department Activity Report First Date: 0 811 612 01 6 Jurisdiction: VERNON Last Date: 09/31/2016 Department Complaint All Units Primary Unit Type Description VPD 10-6 OFFICER IS 10-6 C7.961,962.10-10.WASH.EQUIPII 187 174 10-96H PICK UP THE JAIL PAPER WORK FROM HP JAIL 3 2 10-96M 10-96 MARY(MAIL DETAIL) 6 5 140 SUPPLEMENTAL REPORT 1 1 20001 INJURY HIT AND RUN 3 1 20002 NON-INJURY HIT AND RUN 6 3 20002R NON-INJURY HIT AND RUN REPORT 9 6 211S SILENT ROBBERY ALARM 3 1 23110B FELONY MISSILE THROWING AT A VEHICLE 2 1 242 BATTERY 4 1 246R SHOOTING AT AN OCCUPIED DWELLING OR VEH 2 1 273.5 DOMESTIC VIOLENCE 3 1 415 DISTURBING THE PEACE 31 8 422R TERRORIST THREATS REPORT 2 1 459A AUDIBLE BURGLARY ALARM 99 52 459R BURGLARY REPORT 15 7 459S SILENT BURGLARY ALARM 3 1 459VR BURGLARY TO A VEHICLE REPORT 8 4 476R FRAUD REPORT 1 1 484 PETTY THEFT 9 2 484R PETTY THEFT REPORT 11 6 487 GRAND THEFT 4 1 503R EMBEZZLEMENT REPORT 1 1 5150 SUBJECT WITH MENTAL DISABILITIES 3 1 586 PARKING PROBLEM 27 21 586E PARKING ENFORCEMENT 4 4 594 VANDALISM 11 4 594R VANDALISM REPORT 5 4 602 TRESPASS 21 7 602R TRESPASS REPORT 1 1 653MR ANNOYING PHONE CALLS REPORT 2 2 901 UNKNOWN INJURY TRAFFIC COLLISION 1 1 901 T INJURY TRAFFIC COLLISION 16 5 902T NON-INJURY TRAFFIC COLLISION 78 41 902TR NON-INJURY TRAFFIC COLLISION REPORT 2 2 909C TRAFFIC CONTROL 1 1 909T TRAFFIC HAZARD 7 4 911 911 MISUSE I HANGUP 10 5 911A CONTACT THE REPORTING PARTY 30 18 911 NR 911 CALL NO RESPONSE REQUIRED 3 1 917A ABANDONED VEHICLE 6 5 920PR LOST PROPERTY REPORT 4 3 925 SUSPICIOUS CIRCUMSTANCES 48 16 AB109 PROBATION I PAROLE COMPLIANCE CHECKS 2 1 AGTAR ATTEMPT GRAND THEFT AUTO REPORT 2 1 ASTVFD ASSIST VERNON FIRE DEPARTMENT 19 9 BOSIG BROKEN SIGNAL OR LIGHT 3 2 BOVEH BROKEN DOWN VEHICLE 17 11 0910112016 05:42:22 Page 1 of 2 VERNON POLICE DEPARTMENT Department Activity Report First Date: 08/16/2016 Jurisdiction: VERNON Last Date: 08/31/2016 Department Complaint All Units Primary Unit Type Description VPD CITCK CITATION CHECK 6 4 CIVIL CIVIL MATTER 6 4 COP COP DETAIL 6 5 DEMOSTRA DEMONSTRATION 7 1 DIET DETECTIVE INVESTIGATION 18 1 l DETAIL DETAIL 8 7 DPTAST DEPARTMENTAL ASSIST 9 4 DUI DRIVING UNDER THE INFLUENCE 5 2 DUI CKPT DUI CHECK POINT 2 2 DUITRAFFIC DUI CHECK POINT TRAFFIC 6 6 DUPLICATE TO BE USED WHEN A CALL IS DUPLICATED 1 1 FILING OFFICER IS 10-6 REPORT WRITING 59 59 FOUND FOUND PROPERTY REPORT 4 3 FU FOLLOW UP 14 11 GTAR GRAND THEFT AUTO REPORT 12 10 HBC HAILED BY A CITIZEN 11 9 ID THEFT IDENTITY THEFT 2 2 ID THEFT RPT IDENTITY THEFT REPORT 1 1 ILLDPG RPT ILLEGAL DUMPING REPORT 2 1 k9 TRAINING K9 TRAINING REMINDER.OBTAIN LOCATION 2 2 KTP KEEP THE PEACE 3 1 LOCATE LOCATED VERNON STOLEN VEHICLE 4 4 LOJACK LOJACK HIT 3 3 LPR LICENSE PLATE READER 4 2 PANIC ALARM PANIC ALARM/DURESS ALARM 6 3 PAPD PUBLIC ASSIST-POLICE 9 6 PATCK PATROL CHECK 87 71 PEDCK PEDESTRIAN CHECK 55 31 PRSTRAN PRISONER TRANSPORTED 10 9 REC RECOVERED STOLEN VEHICLE 8 3 RECKLESS DF RECKLESS DRIVING(23103) 2 1 REPO REPOSSESSION 2 2 RR RAIL ROAD PROBLEM 4 2 SPEED SPEED CONTEST OR SPEEDING(23109) 3 2 TRAFFIC STOI TRAFFIC STOP 268 202 UNATTACHED UNATTACHED TRAILER 2 1 VCK VEHICLE CHECK 79 60 VEH RELEASE VEHICLE RELEASE 6 5 WARRANT WARRANT ARREST 3 3 WELCK WELFARE CHECK 13 5 Department: 1488 1012 Overall: 1488 1013 0910112016 05:42:22 Page 2 of 2 VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 08/31/16 TRAFFIC COLLISIONS NO. PROPERTY RECOVERED TOTAL 30 VEHICLES: S364,900.00 NON-INJURY 21 INJURY 9 Pedestrian Fatalities City Property Damage 3 Hit&Run(Misdemeanor) 7 Hit&Run (Felony) Persons Injured 13 VEHICLES STORED PROPERTY RECOVERED FOR Unlicensed Driver 12 OTHER DEPARTMENTS Abandoned/Stored Vehicle 11 VEHICLES: S26,171.00 Traffic Hazard 1 CITATIONS Citations Iss (Prisoner Release) 4 Citations Iss (Moving) 151 Citations Iss (Parking) 25 Citations Iss (Total) 176 Hazardous 80 Non-Hazardous 70 Other Violations 1 CASES CLEARED BY ARREST AR16-0258 CR16-1288 529.3 PC AR16-0262 CR16-1350 11350 H&S AR16-0263 CR16-1352 10851(A) VC AR16-0264 CR16-1361 11364 H&S AR16-0269 CR16-1370 10851(A) VC AR16-0270 CR16-1378 484(A) PC VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING 08/31/16 ADULT FELONY ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL ASSAULT WITH A DEADLY WEAPON BURGLARY EVADE PEACE OFFICER, WILLFUL GRAND THEFT: AUTO 2 2 PERSONATE TO MAKE OTHER LIABLE 1 1 ROBBERY WARRANT (VERNON CASE) WARRANT (OUTSIDE AGENCY) 1 1 TOTAL FELONY ARRESTS 7 3 1 4 ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL BATTERY CONTEMPT OF COURT i DRIVING UNDER THE INFLUENCE 1 1 _ I PETTY THEFT 1 1 POSS. CONTROLLED SUBSTANCE 1 1 POSS. NARCOTIC PARAPHERNALIA 1 1 TRESPASSING WARRANT (VERNON CASE) 5 5 WARRANT (OUTSIDE AGENCY) 1 1 TOTAL MISD. ARRESTS 10 0 10 JUVENILES DETAINED --- FELONY AND MISDEMEANOR MALE FEMALE I TOTAL BURGLARY MINOR POSS. OF ALCOHOL VANDALISM VEHICLE THEFT I WARRANTS (BENCH) TOTAL JUVENILES DET. 0 1 0 0 *** CORRECTED *** TOTAL FELONY ARRESTS (ADULT)TO DATE: 91 TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE: 176 TOTAL JUVENILES DETAINED (FELONY AND MISDEMEANOR)TO DATE: 6 TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR) TO DATE: 273 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 08/31/2016 Jurisdiction: VERNON Last Date: 0813112016 Cal!Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20160816936 RPT 08/31/2016 09:26:50 REBUILT METALIZING 1015 484 2229 E 38TH,VERNON Departmem OCA Number RMS Juris VPD CR20161378 CA0197300 VPD GAYTAKLORENZ "2L4 09,27:28 W30:41 09:32:49 10:45:35 VPD MADRIGAL,MARI/ 2L5 09:29:05 10:00:16 VPD QUINONES,ANA 2L6 09:49:42 10:03:17 10:09 26 VPD CHAVEZ,JERRY,J 2S2 09:31:11 09:49:47 VPD CHAVEZ,JERRY.J 2XS2 09:29:09 09:31:09 10:06 56 VPD ZOZAYA,OSCAR K91 09 27 30 09:30:39 09:33:05 10 09 24 20160816943 RPT 08/31/2016 10:51:27 TRAFFIC STOP E VERNON AV 11 FURLONG PL.VERNON Def arlmenl OCA Number RMS Juris VPD CR20161379 CA0197300 VPD GAYTAN,LOREN2 '2L4 10:51:28 11:39:08 20160816949 VREC 08/31/2016 1111:03 REC 3855 S SOTO,VERNON Departmem OCA Number RMS Jurls VPD CR20161380 CA0197300 VPD CHAVEZ,JERRY.J '2S2 11:11:03 11:19:24 VPD CHAVEZ,JERRY.J 2XS2 11:19-23 12:22:56 20160816966 CITE 08/31/2016 13:50:47 JEREMY HYLE Departmem OCA Number RMS Juris 902T LEONIS BL//PACIFIC BL.VERNON VI VPD CR20161382 CA0197300 RPT VPD QUINONES,ANA '2L6 13:53:07 13:53:23 VPD GAYTAN,LOREN2 2L4 13:55:07 13:59:25 14:36:53 20160816967 CITY 08/31/2016 13:52:32 DAT LAM 902T E 37TH 11 SANTA FE AV.VERNON Departmem OCA Number RMS Juris CITE VPD CR20161381 CA0197300 RPT VPD QUINONES.ANA `2L6 13:53:27 13:53:29 13:57:57 14:59:02 VPD MARTINEZ.GABR 5D31 14:15.59 14:16:08 0910112016 05:01:24 Page 1 of 3 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 08/31/2016 Jurisdiction: VERNON Last Date: 08/3112016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20160816967 CITY 08/31/2016 13:52:32 DAT LAM Departmem OCA Number RMS Juris CITE 902T E 37TH!I SANTA FE AV,VERNON VPD CR20161381 CA0197300 RPT VPD ZOZAYA,OSCAR K91 13:55:38 14:12:18 20160816968 RPT 08/31/2016 14:09:00 SPRINT 866-398-3284 Department OCA Number RMS Juris VI 901T S 2ND R 57TH,VERNON VPD CR20161383 CA0197300 VPD ENCINAS,ANTHO '2L7 14:11:50 14:12:34 15 45 50 VPD GAYTAN,LORENZ 21-4 14:43:01 15:14A2 VPD CHAVEZ.JERRY.J 2XS2 14:16:35 14AT23 14:51:06 VPD MARTINEZ,GABR 51031 14:16:21 14:20-41 14.42.05 VPD ZOZAYA,OSCAR K91 14:12:20 14:20.39 14:50:08 15:12:56 15:45:50 20160816969 RPT 08/31/2016 14:24:34 RYDER LOGISTICS 594R 5591 BICKETT.VERNON Departmem OCA Number RMS Juris VPD CR20161384 CA0197300 VPD CHAVEZ,JERRY,J '2S2 14-3146 14:39:21 VPD MADRIGAL,MARI1 21-5 14-39:20 14:49-34 15:25:20 20160816976 VREC 08/31/2016 16:43:30 CITY WIDE 1 LASO EAST LA LOCATE 3540 53D ST, MAYWOOD 20160816979 RPCB 08/31/2016 19:34:33 AYEL RPT GTAR 5801 S 2ND,VERNON Departmem OCA Number RMS Juris VPD CR20161385 CA0197300 VPD VALENZUELA,FEI `1L6 19:35:32 19:36:51 22:57.21 20160816984 RPT 08/31/2016 23:42:43 GOLDEN WEST TRADING 459VR 4401 DOWNEY RD,VERNON Departmem OCA Number RMS Juris VPD CR20161386 CA0197300 09/01/2016 05:01:26 Page 2 of 3 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 08/31/2016 Jurisdiction: VERNON Last Date: 08/3112016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time _ Dep Officer f trit Dispatch Enroute OnScene Depart Arrive Remove Camp 20160816984 RPT 08/31/2016 23:42:43 GOLDEN WEST TRADING 459VR 4401 DOWNEY RD.VERNON Department OCA Number RMS Jurls VPD CR20161386 CA0197300 VPD HERNANDEZ,EDV '1L5 23:45:02 23:48:16 00:50:02 VPD VALENZUELA,FEI 1L6 23:45:05 23:48:20 00:50:03 VPD SWINFORD,PHILL 1L7 23:48:14 00:50:03 09/01/2016 05:01:29 Page 3 of 3 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 08/30/2016 Jurisdiction: VERNON Last Date: 08/30/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20160816839 1015 08/30/2016 02:07:52 PEDCK E 26TH 11 MINERVA.VERNON VPD OURIQUE,CARLO '1Z8 02 07 52 02:42:19 VPD SWINFORD.PHILL 11-4 02:08:06 021016 02:28:05 20160816845 RPT 21-5 08/30/2016 06:43:58 ARCADIA Departmem OCA Number RMS Juris 1015 21-5 925 3225 E WASHINGTON BL,VERNON VPD CR20161370 CA0197300 1015 21-8 VPD CR20161371 CA0197300 VREC 2L5 VPD VALENZUELA,FEI *1L5 06:46:02 06-47:08 0652:07 07:13:34 VPD SWINFORD.PHILL 1L4 06:45:03 06:47:10 D6-51:11 07:58:04 VPD REYNA,JOSE S 11-6 06:47:23 06:57:23 07:58:06 VPD GAYTAN,LORENZ 21-4 07:12:46 07:21:25 09:23-16 VPD VILLEGAS,RICHA 2L5 06:57:06 D6:59:09 09:01:01 VPD 2L6 0T52:39 09:01-03 VPD MADRIGAL,MARIE 20 07:05:38 08:32:24 VPD 2L8 07:05:45 09:23A3 VPD CHAVEZ,JERRY,J 2S2 0713:51 07:15:15 08:06:43 VPD NEWTONJODD M1 06:51:02 06:58:45 08:32:24 20160816858 CITE 08/30/2016 10:19:01 VI TRAFFIC STOP E SLAUSON AV It 2ND.VERNON Departmem OCA Number RMS Juris VPD CR20161372 CA0197300 RPT VPD GAYTAN.LOREN2 '21-4 10:19:01 10:53:16 20160816859 1098 0813D12016 10:36:01 RPT 08 310D E 44TH,VERNON Departmem OCA Number RMS Juris VPD CR20161373 CA0197300 VPD QUINONES.ANA '21-6 10:36:01 11:02:02 20160816879 08/31/2016 05:08:55 Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 03/30/2016 Jurisdiction: VERNON Last Date: 08/30/2016 Call Number Disp Ten Received Caller Cade Complaint Address Luit T'm Pen Offi er Unit Uivprlic h Enroute OnScene Depart Arrive Remove Comp 20160816879 RPT 08/30/2016 13:32:10 CHRIS AND CARLOL APPAREL Departmem OCA Number RMS Juris 459R 2020 E 25TH,VERNON VPD CR20161374 CA0197300 VPD MADRIGAL.MARI/ '21-7 13:34:32 13:35:10 13:35:24 VPD QUINONES,ANA 21-6 13.35:21 13:41:12 14:21:11 20160816887 RPT 08/3012016 14-45:06 FASHION NOVA Departmem OCA Number RMS Juris GTAR 2801 E 46TH,VERNON VPD CR20161375 CA0197300 VPD MADRIGAL,MARIf `21-7 14:52 50 14:55:35 15:01:39 16:00:19 20160816894 RPT 08/30/2016 16:50:03 CLAUDIA OLMOS Departmem OCA Number RMS Juris 20002 DOWNEY RD 11 VERNON AV.VERNON VPD CR20161376 CA0197300 VPD MADRIGAL.MARV '21-7 16:51:16 16:55:23 17.17:30 VPD GAYTAN,LORENZ 2L4 16:51:18 17.02:29 17:17:30 20160816903 VREC 08/30/2016 19:37:58 CITY WIDE TOW LOCATE 9350 LOWER AZUSA ROAD,TEMPLE CITY VPD RECORDS BURET 'RECD 19:38:53 20:10:10 20160816904 VS 08/30/2016 20:56:32 ARNULFO MEJIA Departmem OCA Number RMS Juris RPT 917A S ALAMEDA 1125TH,VERNON VPD CR20161377 CA0197300 VPD HERRERA,GUSTf '1 L12 20:59:59 21:04:55 22:22.54 08/31/2016 05:08:55 Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 08/29/2016 Jurisdiction: VERNON Last Dale: 08/29/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Den Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20160816762 RPT 08/29/2016 02:26:11 PEDCK E 28TH 11 SANTA FE AV,VERNON Department OCA Number RMS Jurls 1015 VPD CR20161361 CA0197300 VPD OURIQUE.CARLO •1L8 02:26:12 02:59:41 20160816767 RPT 08/29/2016 05-50.34 EDUARDO Department OCA Number RMS JurA 459R 2832 S ALAMEDA,VERNON VPD CR20161362 CA0197300 VPD VASQUEZ,LUIS '1L12 05:52:42 05 53:16 05:55-27 06:34:03 20160816786 1015 08/29/2016 08:41:28 RPT WARRANT 4305 S SANTA FIE AV,VERNON VPD VILLEGAS.RICHA `2L8 08:41:28 09:24:53 20160816796 RPT 0812912016 09:45:15 FOUND E 28TH 11 SANTA FIE AV,VERNON Department Number RMS Ju VPD CR2R20161363 CA019730000 VPD QUINONES,ANA '202 09:45:37 09:45:37 10:12:31 VPD RECORDS SURE/ RECD 10:43:46 10:44.19 20160816817 RPT 08/29/2016 14:02 29 DOUBLE BARGAIN 459R 3033 BANDINI BL.VERNON Department CR2 Number RMS J300 VPD R20161365 CA0197300 VPD QUINONES,ANA '2L12 14:11:02 141103 14:21:39 16:26:22 VPD MADRIGAL,MARIf 2L11 14:59:34 15:03:19 15A1:08 VPD VILLEGAS.RICHA 2L8 14:57:51 14:57:52 14:59:04 15 41:06 VPD NEWTONJODD M1 15:21:00 15A1:10 20160816818 RPT 08/29/2016 14:06 44 DOLLARWISE Department OCA Number RMS Jurls 459R 4159 BANDIN!BL,VERNON VPD CR20161366 CA0197300 VPD NEWTON,TODD 'M1 14:24:22 14:24:23 14:36:06 15:08:54 08/30/2016 05:05:41 Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 08/29/2016 Jurisdiction: VERNON Last Date: 0812912016 Call Number Disp Ten Received Caller Code Complaint Address -nit Time De p Officer l'llis Di ruarit Enroute On Svetrr Depart Arrive Remove Comm 20160816824 RPT 08/2912016 17:57:09 20002R HELIOTROPE ST 11 DISTRICT BL,VERNON DeDartmem CR2 Number RMS Jur0 VPD R20161367 CA0197300 VPD NEWTON,TODD 'M1 17:57:09 18:21:02 20160916834 RPT 08/29/2016 22:45:56 TRAFFIC STOP BANDINI BL 11 DOWNEY RD,VERNON DeDaremen� CR2 Number RMS 019730 s VPD CR20161368 CA0197300 VPD REYNA,JOSE S `1 L6 22-45:56 23 34;39 VPD VALENZUELA,FEI 1 L5 22:46:26 23:00:47 23:20:23 20160816836 1015 08/29/2016 23:44-33 BELL PD Departmenj OCA Number RMS Jurls RPT WARRANT 6326 PINE AVE,VERNON VPD CR20161369 CA0197300 VPD VALENZUELA,FEI `1L5 23:46:29 00:03:37 00:34:27 08/30/2016 05:05:47 Page 7 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 08128/2016 Jurisdiction: VERNON Last Date: 0 812 81201 6 _ Call Number Disp Ten Received Caller Code Complaint Address U cif Time p officer Unil Dispatch Enroure On.S'cene Depart Arrire Remove ( fofrtlp 20160816693 RPT 08/28/2016 07:27:21 ROBERTSON READY MIX VREC GTAR 3365 E 26TH,VERNON Departmerl� CR2 Number RMS Jur0 VPD R20161358 CA0197300 VPD "21-5 07:30:04 07:30-27 07-35:23 0828:00 VPD VILLEGAS.RICHA 21-6 07:41:35 07:48:04 08:28:00 VPD HERNANDEZ.MIG 21-7 07:41:37 07.44:44 08:28:00 20160916753 TAXI 08/28/2016 23:52:06 LAPD RPT DUI E DOWNEY RD!1 VERNON.VERNON VPpartmen� CR20 Number1360 R 0 97300 VI CITE VPD OURIQUE.CARLO '1 L8 23:54:26 00:22:16 VPD REYNA.JOSE S 11-11 23:54:27 23:54:32 00:34:15 08/29/2016 05:36:51 Page r of 7 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 08127/2016 Jurk(ictiOn: VERNON Last Date: 08/27/2016 Cal!Number Disp Ten Received Caller Code Complaint Address VAR Time Dep Df ver Ord nkpatch Enroute On S`vene Devarr Arrive Remove Como 20160816601 CITE 08/27/2016 00:42:58 RMS Juris SRVD TRAFFIC STOP MAYWOOD AV 11 FRUITLAND AV,VERNON PDartmenl C 2A016 Number CAO 97300 VI VPD CROSS,JEREMY '1S1 00A2:58 0150:47 VPD ONOPA,DANIEL 1L12 00:42:59 00:43:00 00A6:40 01:54:55 VPD ENCINAS,ANTHO 1L8 00A3:26 00:45:28 01:30:16 20160816603 RPT 0812V2016 01:07:00 GTAR 5304 ALCOA AV,VERNON Department VPD CR2 Number RMS J R20161354 CA019730030Q VPD OURIQUE,CARLO "1L11 0112:17 01:12:17 0115:53 0142:33 20160816627 NX 08/27/2016 13:24:44 BARBARA RPT 902T E SLAUSON AV 11 ALCOA AV,VERNON Departrnem CR2 Number RMS J300 VPD R20161356 CA0197300 VPD LUCAS,JASON '21-7 13 25:46 13:26:31 13:30:31 14-13-14 20160816657 CITE 08/27/2016 22:16:10 V1 TRAFFIC STOP E 26TH 11 HARRIETT.VERNON Departmem CR2 Number RMS Jur0 VPD R20161357 CA0197300 SOW RPT VPD OURIQUE.CARLO "1 L12 22 1610 22:41:45 VPD HERRERA,GUSTF 11-8 22-16 36 22:41:46 0&28/2016 06:55:3f Page 7 of 4 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Dare: 08/2612016 Jurisdiction: VERNON Last Dale: 08/26/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Den Officer i,'rril Dr`watuh Enrouse OnSeene Depart ,•1 rrive Remove Camp 20160816507 VREC 08/26/2016 02:05:33 LOCATE 87TH STREET!/IVY, LOS ANGELES VPD DISPATCH 'DISP 02:21:12 02:27:45 20160816513 CITE 08/26/2016 05:30:53 AT&T MOBILITY 800 635 6840 4 Departmem OCA Number RMS Juris VI WELCK WASHINGTON!1 GRANDE VISTA.VERNON VPD CR20161346 CA0197300 VPD VELASQUEZ.RICI "1 L11 05:32:44 05:32.48 05:38:04 06:26:36 06 47 27 VPD ONOPA,DANIEL 11-12 05:59-36 06:45:32 VPD HERRERA,GUSTi 1Z8 05:32:46 05:32:50 05:38 05 06:25:10 20160816519 RPT 08/26/2016 07 22 03 MAURICIO Department OCA Number RMS Juris 901T S SANTA FE AV!!38TH,VERNON VPD CR20161347 CA0197300 VPD '21-4 07:22:57 07:25:09 08:06:21 VPD 21-6 07:22:59 0713:14 20160816536 VI 08/2612016 11 02 35 CITE TRAFFIC STOP SOTO 1!SLAUSON,VERNON Departmem CR2 Number RMS Juris VPD R20161348 CA0197300 RPT VPD CERDA,PAUL,JR `2L7 11:02:50 11:49:15 VPD ZOZAYA,OSCAR K91 11:07:16 11:23:30 11:49:16 20160816543 RPT 08/26/2016 12:33:53 ADRIAN Departmem OCA Number RMS Juris 459VR 4770 E 49TH.VERNON VPD CR20161349 CA0197300 VPD ZOZAYA,OSCAR 'K91 12:37:37 12:39:07 13:10:03 13:22:23 VPD DOCHERTY,MICH 2L4 12:54:54 13:06:43 13:43:00 20160816547 06/27/2016 05:36:51 Page 1 of 3 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 08/26/2016 Jurisdiction: VERNON Last Date: 08/26/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unix l)hPalch Enroute OnS'cene Depart Arrive Remove Coma 20160816547 1015 0812612016 1119:45 uris RPT PEDCK E 53D 1!SANTA FE AV,VERNON DPDastmem O 2A01Number 0 CA0197300 sow VPD VASQUEZ,LUISN. '2W8 13:19:45 14:09:24 20160816555 RPT 08/26/2016 14:42:26 CRYSTAL Department OCA Number RMS Juris 902T E DISTRICT BL 11 MAYWOOD AV,VERNON VPD CR20161351 CA0197300 VPD CERDA.PAULJR '2L7 14A3:39 14:43:55 14 47:21 15:23:28 VPD CERDA,EUGENIO 2L6 15:15:51 15:17:44 15:23:27 VPD ZOZAYA.OSCAR K91 14:59:55 15:10:05 15:15:45 20160816556 VREC 08/26/2016 14:38 50 LASD CENTURY LOCATE 88TH 11 ALAMEDA, LOS ANGELES VPD RECORDS BURET 'RECD 14:52:20 14:57-47 20160816576 1015 0812612016 18:48:25 VREC REC S SOTO 11 LEONIS BL,VERNON DOartmeni CR20161 52 Number RMS 97300 RPT VPD ZOZAYA.OSCAR "K91 18:48:26 18:58:31 VPD 1 L11 18:50:04 20 31:21 VPD 1 L12 18:59:28 20:02.11 VPD 1 L8 19:04:01 19:4630 VPD CERDA EUGENIC 2L6 18:50:03 18:5T18 20160816594 RPT 08/26/2016 23:15:08 SPRINT 866-398-3284 902T S SOTO 11 BANDINI BL,VERNON Departmem VPD R2 CR2 Number RMS Jur0 0161353 CAD197300 VPD ONOPA.DANIEL "102 23:16:35 23:16:38 23:18:20 23:54:53 VPD OURIQUE,CARLO 1L11 23:21A7 23-44.30 VPD ENCINAS,ANTHO 1L8 23:16:37 23:16:40 23:18:38 00:05:00 08/2712016 05:36:51 Page 2 of 3 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 08/2612016 Jurisdiction: VERNON Last Date: 08/26/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Den Officer Clint Dispatch Enroute OnScene Depart Arrive Remove Comtx 20160816594 RPT 08/2612016 23:15'OB SPRINT 866-398-3284 902T S SOTO 1J BANDINI BL,VERNON Department OCA Number RMS Juris VPD CR20161353 CA0197300 VPD CROSS,JEREMY 1S1 23:21-57 23:44:01 08/27/2016 05:36:51 Page 3 of VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: OW2512016 Jurisdiction: VERNON Last Date: D812512016 Call Number Disp Ten Received Caller Code Complaint Address Uf it Time Dep OffireF Unit Pivpeac'h Enroure On cease Devar! .4rrive Rd-111fore cants 20160816456 RPT 08/25/2016 09:03:23 TRAFFIC STOP E 46TH 11 SEVILLE AV,VERNON Department CR2 Number RMS Ju00 VI VPD R2D161337 CA0197300 VPD GAYTAN,LORENZ '2L5 09:03:31 09:32:29 20160816469 RPT 08/25/2016 11:56:30 JETRO CASH AND CARRY is 459VR 2300 E 57TH,VERNON Department CR2 Number RMS Jur VPD CR20161336 CA0197300 VPD DOCHERTY.MICH '2L6 11.5T52 11:58:19 12:09-08 VPD CERDA,EUGENIO 21-4 11:58:31 12:05:44 12:32:17 20160816471 VI 08/25/2016 12:24 38 VCK E 46TH 11 SOTO VERNON Department OCA Number RMS Juris , RPT VPD CR20161340 CA0197300 VPD GAYTAN,LOREN2 '2L5 12:24:50 12:48:53 20160816473 REPO 08/2512016 12:35:35 LOUIS-COASTLINE RECOVERY RMS Jurn RPT REPO 2355 E 37TH,VERNON DPDartment O 2016um9er CAO 97300 VPD RECORDS BURET 'RECD 12:39:00 12:56:21 20160816475 RPT 08/25/2016 13-D4 05 CONTESSA FOODS 470R 5970 ALCOA AV,VERNON Department VPD R2 CR2 Number RMS J300 0161341 CA0197300 VPD QUINONES,ANA '2L7 13:05:03 13:05:25 13:17:57 14:32:11 20160816492 RPT 08/25/2016 13.47:30 KIM AND CAMI PRODUCTIONS 20002R 2950 LEONIS BL,VERNON Departmem VPD R2 CR2 Number RMS Jur0 0161342 CA0197300 VPD ZOZAYA,OSCAR 'K91 13:50:24 13:50:48 13:59.10 14:29:54 20160816487 08/26/2016 05:28:2: Page ? of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 08/25/2016 Jurisdiction: VERNON Last Date: 08/2512016 Call Number Disp Ten Received Caller Code Complaint Address Laft Time Dep Officer Orit Pi.tpateh Earpale DnScene Depart Arrive Remove Comp 20160816487 CITE 08/25/2016 14:35:47 FREDDY Departmem OCA Number RMS Jurls SRVD 902T BANDINI BL 11 SIERRA PINE AV,VERNON VPD CR20161343 CA0197300 RPT VPD QUINONES,ANA *2L7 14:36:55 14:37:39 14A1:29 15.10:18 VPD CERDA,EUGENIO 211-4 14-43 27 15 41:49 VPD ZOZAYA,OSCAR K91 15:17-59 15:40:10 20160816488 RPT 08/25/2016 15:10:14 902T BANDINI BL H SIERRA PINE AV.VERNON Departmem OCA Number RMS Jsr0 VPp CR20161345 CA0197300 VPD QUINONES,ANA '2L7 15:10:18 15:56:10 VPD CERDA.EUGENIO 2L4 15:42:13 16:42:23 VPD CHAVEZ,JERRY,J 2S2 1510:48 15:1T38 15.4T57 20160816490 RPT 08/25/2016 15:39:34 ELITE BOUQUET Departmem OCA Number RMS Jurls GTAR 3435 E VERNON AV.VERNON VPD CR20161344 CA0197300 VPD ZOZAYA,OSCAR *K91 16:35:36 15:42:09 15:46:03 16:59:24 ' . 0812612016 05:28:2: Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 08/24/2016 Jurisdiction: VERNON Last Date: 08/24/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20160816362 RPT 08/24/2016 02-23:43 OWENW BROCKWAY GLASS AGTAR 2901 FRUITLAND AV,VERNON Department OCA Number RMS Juris VPD CR20161327 CA0197300 VPD HERRERA.GUSTf '1L5 02:26:25 02:28:28 03:11-09 VPD SWINFORD.PHILI iL7 02:26:28 02:27:58 03:11:09 20160816368 CITE 0812412016 07:35:49 VI TRAFFIC STOP DOWNEY RD H 50TH,VERNON VPD R2 Departmem CR2 Number RMS Juris 0161328 CA0197300 VPD GAYTAN,LOREN2 '2L7 07:35:49 08:04:54 20160816376 VI 0812412016 08:37.26 CITE VCK E 49TH!1 DISTRICT BL.VERNON Department VPD R2 CR2 Number RMS Juris 0161329 CA0197300 RPT VPD GAYTAN,LORENZ "2L7 08:37:26 09:08:35 20160816378 RPT 48/2412016 09:06:47 ROY Departmen� OCA Number RMS Juris 901T S DISTRICT BL!1 ATLANTIC 8L,VERNON VPD CR20161330 CA0197300 VPD MADRIGAL,MARV "2L8 09:07 12 09 07:38 09.12:24 09:33:00 VPD ENCINAS,ANTHO 21-5 09:07:47 09-16:22 09:26:43 VPD GAYTAN,LORENZ 21-7 09:09:16 09:14:10 09:41:48 20160816393 RPT 08l2412016 11-02:14 APPLETON CUSTOM BARS GTAR 2105 E 37TH.VERNON Departmem OCA Number RMS Juris VPD CR20161331 CA0197300 VPD DOCHERTY.MICH `?.L4 11:05:00 12:24:29 20160816409 CITE 08/24/2016 14:02:36 VI TRAFFIC STOP E SLAUSON AV 11 BOYLE AV,VERNON Departmem OCA Number RMS Juris VPD CR20161332 CA0197300 VPD GAYTAN,LORENZ `21-7 14:02:36 14:38:28 0812512016 05:08:111 Page 4 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA Is First Date: 08/24/2016 Jurisdiction: VERNON Last Date: 08124/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20160816413 VREC 08/24/2016 14:52:56 LAPD NEWTON LOCATE 1600 E 10TH,LOS ANGELES 20160816420 RPT 08/24/2016 15:67:39 THERMO KING Departmenj OCA Number RMS Juris GTAR 6118 ALCOA AV,VERNON VPD CR20161333 CA0197300 VPD ZOZAYA,OSCAR 'K91 16:00:26 16:06:34 16:16:02 15:41-37 20160816423 RPT 08/24/2016 16:17:19 FOUND 4305 S SANTA FE AV.VERNON Departmenj OCA Number RMS Juris VPD CR20161334 CA0197300 VPD DOCHERTY,MICH '21-4 16:17:19 16.2C05 17AT04 20160816428 VI 08124/2016 1716:41 RPT TRAFFIC STOP S SOTO//FRUITLAND AV,VERNON Departmen�VPD R2 CR2 Number RMS Juris 0161335 CA0197300 CITE VPD MADRIGAL,MARI/ '2L8 17:16:55 18:01:07 VPD ENCINAS.ANTHO 21-5 17:19:42 17:20:30 18:01:07 VPD QUINONES,ANA 21-6 17:19:19 17:19:44 20160816440 RPT 08/2412016 23:34:23 VI iL CR2 8 TRAFFIC STOP LEONIS BL 11 BOYLE AV.VERNON DepartDepartmenj OCA Number RMS Juris VPD R20161336 CA01973000 CITE VPD VASQUEZ.LUIS '1 LB 23:34:23 00 04:33 VPD HERNANDEZ,EDII 11-11 23.34:32 00-04:32 0&2512016 05:08:1: Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Dale: 08/23/2016 Jurisdiction: VERNON Last Date: 08/23/2016 Call Number Disp Ten Received Caller Code COmplaW Address Unit .Time Den Offs er Unit Dispatch Enroute OnScene Deourt Arrive Remove comp 20160816299 RPT 08/23/2016 08:08:11 SUPER STAR 902T 3155 BANDINI BL.VERNON Deparlmen�VPD R2 CR2 Number RMS Juris 0161318 CA0197300 VPD QUINONES,ANA *21-5 08:10:22 08:10:38 08:24:17 09:15:35 20160816300 VI 08123I2016 08:29-27 TRAFFIC STOP E 45TH 11 PACIFIC BL.VERNON Departmem OCA Number RMS Juris VPD CR20161319 CA0197300 VPD GAYTAN,LORENZ *21-4 08:29:27 09:05A5 20160816308 RPT 08/23/2016 09:33:41 LAMONICAS Deparlmem OCA Number RMS Juris 459R 3706 E 26TH.VERNON VPD 20160816308 CA0197300 VPD CR20161320 CA0197300 VPD QUINONES.ANA '21-5 09:38:34 09:44:10 10:03:22 VPD ENCINAS,ANTHO 21-7 09.50:20 10:37:26 20160816318 RPT 0812312016 11 40:09 484R 3278 E SLAUSON AV.VERNON Departmem CR2 Number RMS Juris VPD R20161321 CA0197300 VPD GAYTAN.LOREN2 `21-4 11:40:26 12:08:07 VPD VILLEGASAICHA 21-8 12:07-34 12 57:44 20160816322 RPT 08/23/2016 12:34:18 ROGELIO GUZMAN 459VR ALCOA AV It 44TH,VERNON VPD R2 Deparlmelu CR2 Number RMS Juris 0161322 CA0197300 VPD QUINONES.ANA '21-5 12:36:06 12:36:07 12:41:28 13:15:51 20160816325 RPT 08/23/2016 13:04:38 JUAN MARTINEZ Departmem OCA Number RMS Juris 20001 BANDINI BL 11 SOTO,VERNON VPD CR20161323 CA0197300 VPD GAYTAN.LORENZ '2L4 13:05:36 13:06:07 13:09-06 13:53:48 VPD QUINONES,ANA 21-5 13:20:22 13:32:40 VPD ENCINAS,ANTHO 21-7 13:37:06 13:38:45 08/24/2016 05:03:44 Page I of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 08123/2016 Jurisdiction: VERNON Last Date: 08123/2016 Call Number Disp Ten Received Caller Code Complaint Address {"if Time Dep Deicer unit Dispatch Enrowe OnS'cene Depart Arrive Remove Como 20160816332 VI 08/23/2016 14A3:01 VCK SEVILLE AV 11 FRUITLAND AV,VERNON Deparlmem CR2 Number RMS Juris VPD R20161324 CA0197300 VPD GAYTAN,LOREN2 '21-4 14:43.01 15:24:44 20160816336 RPT 08/23/2016 15:17:39 FRANKIE SMITH 920PR 2639 LEONIS BL,VERNON Departmem CR2 Number RMS Juris VPD R20161325 CA0197300 20160816358 RPT 08/23/2016 22:27:29 TRAFFIC STOP S SANTA FE AV 11 VERNON AV.VERNON Department CR2 Number RMS Juris VI VPD R20161326 CA0197300 CITE VPD VASQUEZ,LUIS '11-6 22:27:29 23:03:16 VPD VALENZUELA.FEI 1L4 22:35:37 22:38:22 23:03:16 VPD SWINFORD,PHILL 11-7 22:35:01 22:35:39 08/2412016 05:03:44 Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 08/2212016 Jurisdiction: VERNON Last Date: 08/22/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit 7ymp Dee Officer 1111rit Disncltc h Fwxrogue On,S'ceere Depart Arrive RemoveConti) 20160816232 RPT 08/22/2016 10:29:38 RUPERTO CEBALLOS ID THEFT RPT 4305 S SANTA FE AV.VERNON DeDarfinen� CR2 Number RMS Juris VPD R20161313 CA0197300 VPD NEWTONJODD "M1 10:30:34 11:04:30 20160816242 RPT 08/22/2016 11A8:00 DOUBLE ZERO 459R 2801 LEONIS BL,VERNON DeDartmenj Number RMS Juris CR2 VPD CR20161314 CA0197300 VPD VILLEGAS.RICHA '21-6 11:54.12 11:54:26 12:06:16 11:56:02 13:29:49 VPD MADRIGAL,MARIf 21-5 11:56:00 11:56:05 13:29:49 20160816257 RPT 08/22/2016 15:09:52 KING MEAT 459R 4215 EXCHANGE AV,VERNON DeDartmeni CR2 Number RMS Juris VPD R20161315 CA0197300 VPD ENCINAS,ANTHO '21-7 1512:04 15:12:18 15:13:59 17:36:02 VPD QUINONES,ANA 21-4 15:59:06 16:05:30 VPD MADRIGAL,MARI/ 2L5 15:13:44 15-14 02 20160816261 RPT 08/22/2016 16:0117 CORAL 902T ROSS 11 37TH,VERNON Depaltlnenl Number RMS Juris CR2 VPD CR20161316 CA4197300 VPD LUCAS.JASON '2L8 16:02:11 16:08:38 16,5608 VPD QUINONES,ANA 21-4 16-05 34 16:12:17 17,05:52 VPD VILLEGAS,RICHA 21-6 16:31:41 17:05:53 20160816277 RPT 08/22/2016 17:54:42 CRISTIAN HONG 23110E S ALAMEDA 1137TH,VERNON Departmem CR2 Number RMS Juris VPD R20161317 CA0197300 VPD LUCAS.JASON '21-8 17:55:17 19:02:27 VPD VILLEGAS,RICHA 21-6 17:55:20 18:09:26 19:02:27 08/23/2016 05:14:0t Page 1 of i VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 08/2112016 Jurisdiction: VERNON Last Date: 08/21/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Derr Officer Unit Disnatch Enroute OnScene Depart Arrive Remove Comp 20160816137 RPT 08/21/2016 02.37:40 HPPD-CANDELARIA 902T 7012 RUGBY.VERNON Departmem OCA Number RMS Juris VPD CR20161309 CA0197300 VPD HERNANDEZ,EDV '11-6 02:38:42 02:38:42 02 50:50 03:34:53 20160816140 1015 08/21/2016 03:30:21 HPPD RMS Juris RPT WARRANT 3913 OLIVE ST, HUNTINGTON PARK DPDartmen� CR20161 10OCA 6er CAO 97300 VPD OURIQUE,CARLO '1 L12 03 30 59 03:30:59 03.38:15 04:14:24 20160816143 VS 08/21/2016 06:03:37 DONNER 917A 3805 S SOTO.VERNON Department OCA Number RMS Juris VPD CR20161311 CA01973GO VPD `1 L11 06:04:56 06:05:27 06:08:19 0718.11 VPD OURIQUE,CARLO 1L12 06:08:21 06:50:13 20160816184 RPT 08/21/2016 21:1826 HPPD 246R 3316 RANDOLPH,VERNON Departmem Number RMS Juris CR2 VPD CR20161312 CA0197300 VPD VASQUEZ.LUIS `101 21-20 04 21:20:03 21:51:33 VPD OURIQUE,CARLO 1 LB 21:33:54 21:51:33 06/22/2016 0e:20:5: Page f of x VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 08/2012016 Jurisdiction: VERNON Last Date: 08/2012016 Call Number Disp Ten Received Caller Code Complaint Address Unft Time Dep Offs er Vnil Dispatch Enroate OnScene Depart Arrive Ream y Camp 203 60816092 RPT 08/20/2016 13:15:13 920PR 5401 S SOTO,VERNON Deparfinenl OCA Number RMS Juris VPD CR20161308 CA0197300 VPD '2L4 13:15:42 13:36 33 20160816100 RPT 08/20/2016 16:18:41 GTAR 4305 S SANTA FE AV.VERNON VPD HERNANDEZ,MIG '2L5 16:22:00 16:24:30 16:43-42 08/21/2016 05:57:3! 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VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 08/19/2016 Jurisdiction: VERNON Last Date: 08119/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time l>e'p ()ffid-rr Uffir Dispafch Enroule OnScene Depart .,Irrive Remove Comp 20160815968 VS 08/19/2016 00:29:19 ONSTAR TELEMATICS CALL CENTER DeDartmem OCA Number RMS Juris BOVEH 2910 S ALAMEDA.VERNON VPD CR20161296 CA0197300 VPD ONOPA.DANIEL `1L4 00:31:59 00:32:02 00:38:39 01:34:55 VPD HERNANDEZ,EDV 1L6 00:37:48 01:34:55 20160915975 RPT 08/19/2016 07:53:51 GERARDO 20002 2425E 36TH,VERNON Departmerrj OCA Number RMS Juris VPD CR20161297 CA0197300 VPD CERDA.PAUL.JR '21-5 07:56:47 07:57:05 07:59:00 VPD CERDA,EUGENIO 21-6 0T58:57 09:10:20 20160815991 RPT 08/19/2016 11:47-28 BEST BUY PRODUCE MS Juris RPCB 484R 2929 E 44TH,VERNON DPDartmem CR20161298 Pr CAD 97300 VPD CERDA.PAUL,JR '2L5 11 A9:00 11 49 19 11:58:52 12:06:56 VPD HERNANDEZ.MIG 2L7 12 49 49 12:54:09 13 31:24 20160816000 RPT 08/19/2016 12:51:53 ABRAHAM HAKIM R2 464R 4455 FRUITLAND AV,VERNON DPDartmem Number RMS Juris VPD CR20161299 CA0197300 VPD DOCHERTY,MICH '21-8 12:54:57 12:W34 13:03:04 13:50:02 20160816006 RPT 08/19/2016 13:37:01 IN-EX 594 4215 E DISTRICT BL,VERNON DPDartmem CR2 Number RMS Juris VPD R20161300 CA0197300300 VPD CERDA,EUGENIO '2L6 13:38:43 13.38:44 13:50:09 14:02.15 VPD HERNANDEZ,MIG 2L7 13.39:25 13:40:27 14:22:55 20160816017 RPT 08/19/2015 15:56:10 ABRAHM SRVD 902T S SOTO//26TH.VERNON VPD R2 DPDartmem CR2 Number RMS Juris 0161301 CA0197300 VPD ZOZAYA,OSCAR 'K91 15:58:47 16:03:14 16:54.22 VPD HERNANDEZ,MIG 2L7 16:09:05 16:54:21 06/20/2016 00:34:34 Page x of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Dale: 08/1912016 Jurisdiction: VERNON Last Date: 0811912016 Call Number Disp Ten Received Caller Code Complaint Address __ ni Time Den Officer Ulpil Dispatch Enroute OnScene Depart Arrive Remove Comp 20160816020 RPT 08/19/2016 16:22:15 ALL SIZE FOAM GTAR 4702E 50TH,VERNON DeDarlmem OCA Number RMS Juris VPD CR20161302 CA0197300 VPD DOCHERTY,MICH •21-8 16:23:41 16:23:44 16:40:11 17:33:32 20160816039 RPT 08/19/2016 20:51:46 VS DUITRAFFIC S SANTA FE AV 1128TH,VERNON Departmen� CR2 Number RMS Juris VPD R20161304 CA0197300 VPD NEWTON,TODD 'M1 20:51:46 21:15:36 20160816044 RPT 08/19/2016 21:13:39 1015 DUITRAFFIC S SANTA FE AV 1/38TH,VERNON Deparlmen� CR2 Number RMS Juris VPD R20161305 CA0197300 VS VPD MADRIGAL,MARU '31-4 21:13:39 21:52:21 20160816054 VOID 08/19/2016 2314-50 DUITRAFFIC S SANTA FE AV N 38TH,VERNON DeDaflmem OCA Number RMS Juris VPD CR20161306 CA0197300 VPD VILLEGAS,RICHA '31-5 23:14:50 23:26 55 20160816058 RPT 08/19/2016 23:43:36 VI DUITRAFFIC S SANTA FE AV 11 38TH,VERNON DeDarlmen� CR2 Number RMS Juris VPD R20161307 CA0197300 CITE VPD VILLEGAS,RICHA '31-5 23:43:36 00:22:42 08/20/2016 00:34:34 Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Dare: 0 811 812 0 1 6 Jurisdiction: VERNON Last Date: 08/13/2016 Call Number Disp Ten Received Caller Code Complaint Address t7frif Dp officep tnit Dispatch Enroule OnSeere Denrlrr Arrrrc Remove C'o"In 20160815909 RPT 08il8/2016 07:42:20 GEORGE 20002R E DISTRICT BL 11 DOWNEY RD,VERNON Departmem CR2 Number RMS Ju rls CITY VPD R20161294 CA019730040 VPD CERDA,EUGENIO '21-7 07:47:37 07:48:26 08:02:41 09:08:53 VPD CERDA,PAUL.JR 21-5 08:07:40 08:26:50 20160815911 RPT 08/18/2016 08:23:02 ELLIE Departmenj OCA Number RMSJuris 901T 2809 S SANTA FE AV,VERNON VPD CR20161293 CA0197300 VPD DOCHERTY,MICH '2L6 0&24:20 08:24:39 08:27 05 08:5&19 VPD CERDA,PAUL.JR 21-5 08:26:50 08:30:25 VPD PEREZ,NICK 2S2 08:26:07 08 30:28 20160815952 RPT 08/18/2016 18:07:36 MIKE GTAR 2D46 E 52D,VERNON Department OCA Number RMS Juris VPD CR20161295 CA0197300 VPD DOCHERTY.MICH '21-6 18:11:21 18 11:48 18 21 19 19 05-50 08/19/2016 05:37:2: Page M of i VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 08117/2016 Jurisdiction: VERNON Last Date: 0811712016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Vnit Dispatch Enroule WV4S ene Depart Arrive Remove Comp 20160815857 VREC 08/17/2016 11:19:39 LASD CENTURY LOCATE 88 11 MINER. LOS ANGELES VPD RECORDS BURET 'RECD 11:58:51 13:17:47 20160815859 RPT 08/17/2016 11:33:51 SIGNAL PRODUCTS Department OCA Number RMS Juris 484R 4270 MAYWOOD AV,VERNON VPD CR20161289 CA0197300 VPD ENCINAS,ANTHO "2LB 11:36:41 11 58 20 VPD DOCHERTY,MICH 21-4 11:58:18 12:45:47 20160815863 RPT 08/17/2016 12:33:12 OMAR CASTILLO Department OCA Number RMS Juris 484R 3810 S SANTA FE AV,VERNON VPD CR20161290 CA0197300 VPD DOCHERTY,MICH '21-4 12:45:51 13-07:25 20160815864 RPT 08/17/2016 12:35.35 FOUND 2901 FRUITLAND AV,VERNON Department CR2 Number RMS Juris VPD R20161291 CA0197300 VPD MADRIGAL.MARI! '21-7 12:35:35 14:03:23 20160815866 RPT 08/17/2016 12:58,04 SOOFER Department OCA Number RMS Juris 920PR 2828 S ALAMEDA,VERNON VPD CR20161292 CA0197300 VPD GAYTAN,LOREN2 121-6 13:00:47 13:10:25 13:17:55 VPD RECORDS BORE/ RECD 13:17:52 14:05:28 20160815871 RPT 08/17/2016 15:01:01 920PR 4305 S SANTA FE AV.VERNON 20160815872 RPT 08/17/2016 15:27:25 EZ SEWING 594R 5001 HAMPTON,VERNON 0811812016 05:10:43 Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Dale: 08117/2016 Jurisdiction: VERNON Last Date: 08117/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer f nif Ilis'Ir IA-1, Enroute OnScene Depart Arrive Remove Confl) 20160815872 RPT 08/17/2016 15:27:25 EZ SEWING 594R 5001 HAMPTON.VERNON 20160815890 VREC 08/17/2016 20:39:34 NAVARROS TOW REC HERBERT 11 UNION PACIFIC,LOS ANGELES VPD RECORDS BURET `RECD 20.43:40 21:14:31 0811812016 05:10:4} Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 08/16/2016 Jurisdielion: VERNON Last Date: 0811612016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer unit Dispatch Eirri,ute On See+te lJeparl ,•1 rare• Remove [-omip 20160815778 REPO 08/16/2016 07:29:04 REPO 4842 S SANTA FE AV,VERNON Department VPD R2 CR2 Number RMS Juris 0161283 CA0197340 VPD RECORDS BURET `RECD 07:31:05 07:41:24 20160815782 VS 08/16/2016 09:00:26 RED CARPET TEXTILES Department OCA Number RMS Juris RPT 917A 2111 ANDERSON,VERNON VPD CR20161284 CA0197300 VPD MADRIGALMARU '2A6 09:08:40 09:45:01 20160815795 RPT 08/16/2016 12:44:12 SOUTHLAND BOX 594R 4201 FRUITLAND AV,VERNON 20160815803 RPT 08/16/2016 14:00 23 SAMARIA Departmem OCA Number RMS Juris 902T DOWNEY RD 1!CHARTER,VERNON VPD CR20161286 CA0197300 VPD MADRIGAL,MARIE *2A6 14.01:31 14:12:14 14:59:46 20160815807 RPT 08/16/2016 14-41:40 ANON 901T E VERNON AV Ir SOTO ST,VERNON Department OCA Number RMS Juris VPD CR20161286 CA0197300 VPD VILLEGAS.RICHA '21-7 14:42:09 14:45:26 15:05:58 VPD GAYTAKLORENZ 21-4 14:52:30 15:05:57 VPD ENCINAS,ANTHO 21-5 14:46:29 14:58:50 15:05:57 20160815827 RPT 08116l2016 20:50:12 VI TRAFFIC STOP PACIFIC BL 11 LEONIS BL,VERNON VPD R2 Department CR2 Number RMS Juris 0161287 CA0197300 CITE VPD HERRERA,GUSTE '11-11 20:50:12 21:24:32 VPD SWINFORD,PHILI 11-12 20:50-20 20:54:15 21:24-32 0811712016 05:04:4( Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Dale: 0 811 612 01 6 Jurisdiction: VERNON Last Date: 08/16/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep O1ficer unit Dispatch Enroute OnScene fJeparf Arrive Rentove Comp 20160815832 RPT 08/16/2016 21:59:25 1015 PEDCK 3171 E SLAUSON AV.VERNON DPepartmeni O zA01Number fi C�A01973rt 00 VPD VALENZUELA,FEI '1 L8 21:59:48 21:59:25 23:01:44 VPD HERRERA,GUSTI 1L11 21:59:27 23:5606 VPD SWINFORD.PHILI 1L12 22:01:03 22:03:49 22:52:27 VPD RODRIGUEZ,FER 151 22:18:25 22:18:38 22:50:30 VPD VASQUEZ,LUIS iZ8 22:03:51 23:01:46 0811712016 05:04:4L page 2 of 2 RECEIVED SEP 13 zols F ., RECEIVED CITY CLERK'S OFFICE AUG 2 3 2016 CITY ADMINISTRATION STAFF REPORT OQ ,9'-3t -K* VERNON POLICE DEPARTMENT DATE: September 20, 2016 TO: Honorable Mayor and Council Members FROM: Daniel Calleros, Chief of Police RE: Office of Traffic Safety Grant Agreement Recommendation A. Find that granting authority to execute and submit the above-referenced agreement and related documents is exempt from California Environmental Quality Act ("CEQA")review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a"project" as defined by CEQA Guidelines section 15378; and B. Authorize the City Administrator to execute an agreement between the City of Vernon and the Office of Traffic Safety, in substantially the same form as submitted herewith, for participation in the Selective Traffic Enforcement Program (STEP). Backeround The Vernon Police Department (VPD)has been granted a grant through the Office of Traffic Safety to participate in a Selective Traffic Enforcement Program (STEP). The goals of the program include reduce the number of persons killed and/or injured in traffic collisions,reduce the number of persons killed and/or injured in DUI related collisions, and raise public awareness about DUI enforcement activities in the Los Angeles County region. In order to accomplish the goals of the program, agencies that participate in this program will be required to take part in various enforcement activities, including: saturation patrol details, motorcycle safety enforcement, distracted driving enforcement, pedestrian and bicycle enforcement, and DUI checkpoints. VPD staff will coordinate enforcement activities as required on an overtime basis. The VPD will receive reimbursement for a majority of the overtime related costs (benefits cost not included). The VPD has participated in this program for a number of years and has been successful attaining goals specified. To participation in the program, law enforcement agencies are required to sign an agreement to receive reimbursement for personnel overtime costs. Reimbursements will be made within 90 days of receipt of an invoice, activity log, and quarterly traffic collision reports. The term of this agreement shall remain in effect until September 30, 2017. Legal staff has reviewed and approved the proposed agreement as to form. Fiscal Impact There are sufficient overtime funds in the FY2016-2017 VPD budget for participation in the STEP. The projected overtime reimbursement for the annual participation is approximately $70,000.00. Attachment(s) 1. Copy of STEP agreement State of California—Office of Traffic Safety GRANT GRANT NUMBER AGREEMENT- Page 1 OTS-38 (Rev 4/16) PT17139 1. GRANT TITLE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM(STEP) 2. NAME OF AGENCY CITY OF VERNOV 4. GRANT PERIOD 3. AGENCY UNIT TO ADM\ISTER GRANT From: 10/1/16 VERNON POLICE DEPARTMENT To: 9/30/17 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in traffic collisions involving impairment and other primary collision factors. The funded strategies may include enforcement operations focusing on impaired driving, distracted driving, nighttime seat belt use, motorcycle safety, and pedestrian and bicycle safety. Operations are conducted in areas with disproportionate numbers of traffic collisions. Other funded strategies may include public awareness, educational programs and training for law enforcement. 6. FEDERAL FuN'DS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: $ 70,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A(OTS-38b)—Problem Statement,Goals and • Exhibit A—Certifications and Assurances Objectives and Method of Procedure • Exhibit B*-OTS Grant Program Manual • Schedule B(OTS-38d)—Detailed Budget Estimate and Sub-Budget Estimate(if applicable) • Schedule B-1 (OTS-38f)—Budget Narrative and Sub- Budget Narrative(if applicable) *Items shown with an asterisk(*),are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. We,the officials named below,hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. 8. APPROVAL SIGNATURES A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL OF AGENCY NAME Nicholas Perez PHONE 323-587-5171 NA F Carlos Fandino PHONE 323-587-8811 TrrLE Sergeant FAX 323-826-1486 TITLE: City Administrator FAX. 323-826-1438 ADDRESS 4305 S. Santa Fe Avenue ADDREss 4305 S. Santa Fe Avenue Vernon CA 90058 Vernon CA 90058 E-MAIL: nperez@covpd.org E-MAIL dfandino@ci.vernon.ca.us (Signature) (Dale) (Signature) (Date) C. FISCAL OR ACCOUNTING OFFICIAL D. OFFICE ACTHORIZED TO RECEIVE PAti NIENTS NAME William Fox PHONE 323-587-8811 NAME City of Vernon Treasurer TITLE Finance Director FAx 323-826-1433 ADDRESS 4305 S. Santa Fe Avenue ADDRESS 4305 S. Santa Fe Avenue Vernon CA 90058 Vernon CA 90058 9. DUNS NUMBER E-MIJL: wfox@ci.vernon.ca.us DUNS#: 060883022 RECIsTERE❑ 4305 S. Santa Fe Avenue ,! ADDRESS& Vernon CA 90058-1714 (Signature) (Date) z'P: Page 2(Office of Traffic Safety Use Only) EFFECTIVE DATE OF AGREEMENT: 10/1/2016 GRANTEE CITY OF VERNON GRANT NO. PT 17139 10. Fin Action No. 1 Date: BIIMO16 12. TYPE OF AGREEMENT Initial X Revision Coat PAID MEDIA PROGRAM INCOME TASK NO F F Y Revision No. Date: 2 2017 11. Action Taken 13. FUNDING DISPOSITION& STATUS Fiscal Yea., Amou^1 Initial approval of 2017 HSP funds obligated. 2016-17 70,000 00 2015-16 2014-15 2013-14 Total 70,000 00 Ob)igated This Action 70,000 00 Previously Obligated 000 Total Amount Obligated 70,000 00 TOTAL FUNDS PROGRAMMED 70.000 00 14, FUNDING DETAIL- rISCAL YEAR GRANT PERIOD 1=NDING: 9-3012017 FUND CFDA ITEMIAPPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 164AL 20 608 0521-0890-101 (10/15) 2015 10115 2015 $ 20.000-00 402PT 20 600 0521-0890.101 (10/15) 2015 10115 2015 $ 15,00000 164AL 20 608 0521-0890-101 (23M6) 2016 23116 2016 c 2000000 402PT 20 600 0521-0890-101 (23116) 2016 23t16 2016 6 15,000 00 TOTAL FEDERAL FUNDS: $ 70,000.00 15. GRANT APPROVAL&AUTHORIZATION TO EXPEND OBLIGATED FUNDS A. APPROVAL RECOMMENDED BY B. AGREEMENT&FUNDING AUTHORIZED BY NAME: RON MILLER NAME: RHONDA L. CRAFT TITLE. Program Coordinator TITLE: Director PHONE: (916)509-3020 E-MAIL: ron.miller@ots.ca.gov Office of Traffic Safety Office of Traffic Safety 2208 Kausen Drive, Suite 300 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 Elk Grove,CA 95758 Signature ,gnat�re OTS-38a`(Rev.01116) GRANTS MADE EASY-STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT17139 PAGE 1 1. PROBLEM STATEMENT The City of Vernon is a very unique city comprised primarily of businesses and industry. Vernon is a five square-mile city located approximately 4 miles southeast of downtown Los Angeles. it is bounded generally by the Long Beach Freeway (710), Harbor Freeway (I 10), Santa Monica Freeway (10), and the Century Freeway (105). There are over 47 miles of roadway, including three main thoroughfares, Alameda Street, Soto Street, and Santa Fe Avenue, which serve as the main arteries connecting the Downtown Los Angeles area with the East Los Angeles area and numerous other cities within the Southeast portion of Los Angeles County. In addition to the commuter traffic, thousands of commercial vehicles circumvent the roadways of the city every day. These commercial vehicles support the over 1200 businesses within the city in addition to transporting goods to and from the Hobart Rail Yard. The Hobart Rail Yard is the termination point of the Alameda Corridor which is a railway system entrenched along Alameda Street to the Los Angeles Harbor. Being that the city is primarily a business community with a working population of approximately 60,000 people, there is a high volume of motorists traveling through our city. Throughout this rating period there have been 292 injury traffic collisions, resulting in 7 fatalities and 408 injuries. Primary collision factors in these collisions include excessive speed and DUI related events. The City of Vernon's Public Works Traffic and Engineering Division conducted a 2014 Traffic Collision Review, which list the most frequent intersections where collisions occur. The top 5 intersections are the following: 1. Pacific Blvd. — Santa Fe Ave. (10 collisions), 2. Atlantic Blvd.—Bandini Blvd. (9 collisions), 3. Atlantic Blvd.—District Blvd. (8 collisions), 4. Soto St.—26th St. (6 collisions), and 5. Alameda St.— Vernon Ave. (6 collisions). Distracted driving has also become a problem within the driving community, which affects our collision rates. In an effort to reduce the collisions involving distracted drivers, our officers enforced 1,212 citations within this rating period. If a STEP grant is awarded to the City of Vernon, our target population for enforcement efforts would of course be DUI drivers, as well as those who commit other violations (speed, distracted driving, turning/yielding violations, etc.)that may contribute to traffic collisions. Our mission would continue to be simple in concept: reduce traffic collisions and in doing so, reduce injuries and deaths associated to such collisions. The City of Vernon's Traffic Collision Review Report (2014) includes the most frequent locations of traffic collisions and a list of the top primary collision factors(refer to traffic data summary). In examining the OTS Collision Rankings for 2013, we have also identified the problem areas that we recognize need to be addressed. As a part of Group G, Vernon had the following rankings: OTS-38b(Rev.4/16) GRANTS MADE EASY-STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT17139 PAGE 2 Total Fatal and Injury: 1/19 Alcohol Involved: 5/19 Motorcycles: 4/19 Pedestrians 1/19 Bicyclists 1/19 Composite 2/19 Speed Related 1/19 Nighttime (9pm-2:59am) 2/19 Hit and Run 1/19 With the assistance and activities a STEP grant offers our department, we will strive to reduce traffic collisions, therefore reducing injuries and deaths associated with traffic collisions. Our target population is not just limited to"infraction violators" and/or"DUI suspects." The Vernon Police Department sincerely wants our entire community to know that traffic safety is a major priority to us. That is one of the reasons the Press Release during the cycle of a grant is so important. It communicates to the public that there is an emphasis and priority on traffic safety in the City of Vernon. We intend to continue driving this message home through educational handouts at checkpoints and during routine public contacts. In addition, the Vernon Police Department currently has 53 active DUI warrants. A. Traffic Data Summary: Collision 2013 2014 2015 Collisions Victims Collisions Victims Collisions Victims Fatal l 1 2 2 l 1 IrIjury 109 152 89 124 121 174 Fatal Injury Killed Injured Fatal Injury Killed Injured Falai Injury- Killed Injured Alcohol - 0 5 0 6 0 0 0 0 0 4 0 7 Involved Hit & Run 0 13 0 14 0 3 0 4 0 12 0 16 Nighttime 0 8 0 11 1 9 1 12 0 12 0 16 (2100-0259 hours) Top 3 Primary Collision Factors Fatal lnjury Killed Injured #1 - 22350 CVC —Excessive Speed 0 21 0 27 #2 - 21658(a) CVC —Vehicle in Single Lane 1 15 1 23 #3 - 21801 (a)CVC — Left or U-turn Riaht of Way 0 23 0 39 OTS-38b(Rev.4116) GRANTS MADE EASY-STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT17139 PAGE 3 2. PERFORMANCE MEASURES A. Goals: 1) Reduce the number of persons killed in traffic collisions. 2) Reduce the number of persons injured in traffic collisions. 3) Reduce the number of persons killed in alcohol-involved collisions. 4) Reduce the number of persons injured in alcohol-involved collisions. 5) Reduce the number of persons killed in drug-involved collisions. 6) Reduce the number of persons injured in drug-involved collisions. 7) Reduce the number of persons killed in alcohol/drug combo-involved collisions. 8) Reduce the number of persons injured in alcohol/drug combo-involved collisions. 9) Reduce the number of motorcyclists killed in traffic collisions. 10)Reduce the number of motorcyclists injured in traffic collisions. 11)Reduce hit& run fatal collisions. 12)Reduce hit& run injury collisions. 13)Reduce nighttime(2100- 0259 hours)fatal collisions. 14)Reduce nighttime(2100 - 0259 hours) injury collisions. I5)Reduce the number of bicyclists killed in traffic collisions. 16)Reduce the number of bicyclists injured in traffic collisions. 17)Reduce the number of pedestrians killed in traffic collisions. 18)Reduce the number of pedestrians injured in traffic collisions. B. Objectives: OTS-38b(Rev.4/16) GRANTS MADE EASY-STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT17139 PAGE 4 1) Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at io „o_ts.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 2) Participate in the following campaigns: • National Walk to School Day—October 5, 2016 + National Teen Driver Safety Week—October 16-22, 2016 • NHTSA Winter Mobilization—December 16, 2016 to January 1, 2017 • National Distracted Driving Awareness Month—April 2017 • National Bicycle Safety Month—May 2017 • National Motorcycle Safety Month—May 2017 • National Click It or Ticket Mobilization—May 17-20, 2017 • NHTSA Summer Mobilization—August 19, 2017 to September 6, 2017 • National Child Passenger Safety Week—September 17-23, 2017 • California's Pedestrian Safety Month —September 2017 3) Develop (by December 31) and/or maintain a"HOT Sheet" program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated HOT sheets should be distributed to patrol and traffic officers monthly. 4) Send flaw enforcement personnel to the NHTSA Standardized Field Sobriety Testing(SFST) (minimum 16 hour) POST-certified training. 5) Send 2 law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ABIDE) 16 hour POST-certified training. 6) Conduct 3 DUI/DL Checkpoints. Nate:A minimum of I checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the NHTSA Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint operation. For combination DUIIDL checkpoints, departments should issue press releases that mention DL's will be checked at the DUIIDL checkpoint. Signs for DUI/DL checkpoint operations should read "DUI/Driver's License Checkpoint Ahead. " OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTSfund checkpoint operations that begin prior to 1800 hours. 7) Conduct 8 DUI Saturation Patrol operation(s). 8) Conduct 10 Traffic enforcement operation(s), including but not limited to, primary collision factor violations. OTS-38b(Rev.4/16) GRANTS MADE EASY-STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT17139 PAGE 5 9) Conduct 3 Distracted Driving enforcement operation(s)targeting drivers using hand held cell phones and texting. 10)Conduct I highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or collisions resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary collision factor violations by motorcyclists and other drivers.Note:It is recommended the grantee issue an advance press release and conduct social media activity prior to each operation to publicize and raise awareness about motorcycle safety issues. 1 1)Conduct I Night-time(1800 - 0559 hours)Click It or Ticket enforcement operation(s). 12)Conduct 5 highly publicized Pedestrian and Bicycle enforcement operation(s) in areas of or during events with a high number of pedestrian and/or bicycle collisions resulting from violations made by pedestrians, bicyclists, and drivers. Note: It is recommended the grantee issue an advance press release and conduct social media activity prior to each operation to publicize and raise awareness about pedestrian and bicycle safety issues. NOTE: Nothing in this "agreement"shall be interpreted as a requirement,formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives hereunder. 3. METHOD OF PROCEDURE A. Phase t - Pro ram Preparation, Train ing and Im Oementation (V Quarter of Grant Year) • The department should develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training should be conducted this quarter. • All grant-related purchases should be made this quarter. • In order to develop/maintain the "HOT Sheets," research will be conducted to identify the"worst-of- the-worst" repeat DUl offenders with a suspended or revoked license as a result of DUI convictions. The HOT Sheets may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. HOT Sheets should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high collision locations. OTS-38b(Rev.4/16) GRANTS MADE EASY-STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT17139 PAGE 6 B. Phase 2 - Program Operations (Throughout Grant Year) • The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements • Submit all grant-related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer(PIO) at pio(&ots.ca.gov, with a copy to your OTS Coordinator. a) If an OTS template-based press release is used, the OTS PIO and Coordinator should be copied when the release is distributed to the press. If an OTS template is not used, or is substantially changed, a draft press release shall be sent to the OTS PIO for approval. Optimum lead time would be 10-20 days prior to the release date to ensure adequate turn-around time. b) Press releases reporting the results of grant activities such as enforcement operations are exempt from the recommended advance approval process, but still should be copied to the OTS PIO and Coordinator when the release is distributed to the press. c) Activities such as warrant service operations and court stings that could be compromised by advanced publicity are exempt from pre-publicity, but are encouraged to offer embargoed media coverage and to report the results. • Use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Email the OTS PIO at pio(a_ots.ca.gov and copy your OTS Coordinator at least 30 days in advance, a short description of any significant grant-related traffic safety event or program so OTS has sufficient notice to arrange for attendance and/or participation in the event. • Submit a draft or rough-cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS PIO at pioaots.ca.gov and copy your OTS Coordinator for approval 14 days prior to the production or duplication. • Include the OTS logo, space permitting, on grant-funded print materials; consult your OTS Coordinator for specifics. C. Phase 3—Data Collection & Reporting (Throughout Grant Year) • Agencies are required to collect and report quarterly, appropriate data that supports the progress of goals and objectives. OTS-38b(Rev.4116) GRANTS MADE EASY-STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT17139 PAGE 7 • Statistical data relating to the grant goals and objectives will be collected, analyzed, and incorporated in Quarterly Performance Reports (QPRs). QPRs for the quarter ending September 30 will include year-to-date comparisons of goals and objectives. If required, a separate quarterly data reporting form will be completed each quarter and submitted as part of the QPR. • Reports will compare actual grant accomplishments with the planned accomplishments. They will include information concerning changes made by the Grant Director in planning and guiding the grant efforts. • Reports shall be completed and submitted in accordance with OTS requirements as specified in the Grant Program Manual. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the"Final Evaluation"section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full support of the City of Vernon. Every effort will be made to continue the activities after the grant conclusion. OTS-38b(Rev.4/16) SCHEDULE B DETAILED BUDGET ESTIMATE GRANT NO. PT 17139 FUND NUMBER CATALOG FUND DESCRIPTION TOTAL NUMBER(CFDA) AMOUNT 164AL 20.608 Minimum Penalties for Repeat Offenders For $ 40,000.00 Driving While Intoxicated 402PT 20.600 State and Community Highway Safety $ 30,000.00 COST CATEGORY FISCAL YEAR ESTIMATES TOTAL COST 10/1/16 thru 9/30/17 TO GRANT A. PERSONNEL COSTS CFDA FY-I Positions and Salaries Overtime DUI Checkpoints 20.608 $ 26,526.00 $ 26,526.00 DUI Saturation Patrols 20.608 $ 10,846.00 $ 10,846.00 Benefits @ 1.450% 20.608 $ 542.00 $ 542.00 Traffic Enforcement 20.600 $ 13,557.00 $ 13,557.00 Distracted Driving 20.600 $ 4,068.00 $ 4,068.00 Motorcycle Safety Enforcement 20.600 $ 1,356.00 $ 1,356.00 Night-time Click It or Ticket 20.600 $ 1,356.00 $ 1,356.00 Pedestrian and Bicycle Enforcement 20.600 $ 6,779.00 $ 6,779.00 Benefits @ 1.450% 20.600 $ 394.00 $ 394.00 Category Sub-Total $ 65,424.00 $ 65,424.00 B. TRAVEL EXPENSE In-State 20.600 $ 2,490.00 $ 2,490.00 $ - Category Sub-Total $ 2,490.00 $ 2,490.00 C. CONTRACTUAL SERVICES None S - $ Category Sub-Total D. EQUIPMENT None $ $ - Category Sub-Total $ $ E. OTHER DIRECT COSTS DUI Checkpoint Supplies 20.608 $ 2,086.00 $ 2,086.00 Category Sub-Total $ 2,086.00 $ 2,086.00 F. INDIRECT COSTS Category Sub-Total $ $ GRANT TOTAL $ 70,000.00 $ 70,000.00 OTS-38d (Rev. 4/16) Page I of 1 SCHEDULE B-1 GRANT No. PT17139 BUDGET NARRATIVE Page 1 PERSONNEL COSTS Overtime Overtime for grant funded law enforcement operations may be conducted by personnel such as a Lieutenant, Sergeant, Corporal, Deputy, Officer, Reserve Officer, Community Services Officer, Dispatcher, etc., depending on the titles used by the agency and the grantees overtime policy. Personnel will be deployed as needed to accomplish the grant goals and objectives. Costs are estimated based on an overtime hourly rate range of$84.73/hour to $I03.17/hour. Overtime reimbursement will reflect actual costs of the personnel conducting the appropriate operation up to the maximum range specified. Overtime Benefit Rates Medicare 1.45% TOTAL BENEFIT RATE 1.45% TRAVEL EXPENSE In State Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Schedule B-1 (Budget Narrative) must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTSgrant funds. CONTRACTUAL SERVICES None. EQUIPMENT None. OTS-38f(Rev.4/16) SCHEDULE B-1 GRANT No. PT17139 BUDGET NARRATIVE Page 2 OTHER DIRECT COSTS DUI Checkpoint Supplies -on-scene supplies needed to conduct sobriety checkpoints. Costs may include 28"traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS device supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items maybe purchased if approved by OTS. The cost offood and beverages will not be reimbursed. INDIRECT COSTS None. PROGRAM INCOME There will be no program income generated from this grant. OTS-38f(Rev.4/16) EXHIBIT A CERTIFICATIONS AND ASSURANCES Page I Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and/or place the State in a high risk grantee status in accordance with 49 CFR §18.12. The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: • 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended • 49 CFR Part 18—Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 23 CFR Part 1200—Uniform Procedures for State Highway Safety Grant Programs NONDISCRIMINATION The Grantee Agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964 (Pub. L. 88- 352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (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), and the Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 (Pub. L. 100-259), which requires Federal-aid recipients and all sub-recipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f)the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. 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, as amended(42 U.S.C. 290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title VII1 of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601,et seq.), relating to nondiscrimination in the sale, rental or financing of housing; 0) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and(k)the requirements of any other nondiscrimination statute(s)which may apply to the application. Certifications and Assurances(Rev.5/16) EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 2 BUY AMERICA ACT The Grantee Agency will comply with the provisions of the Buy America Act(49 U.S.C. 53230)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. POLITICAL ACTIVITY(HATCH ACT) The Grantee Agency will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, sub-grants, and contracts under grant, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S10,000 and not more than S100,000 for each such failure. Certifications and Assurances(Rev.5/16) EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 3 RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect(e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION Instructions for Primary Certification I. By signing and submitting this grant agreement, the Grantee Agency Official is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the Grantee Agency Official to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the Grantee Agency Official knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The Grant Agency Official shall provide immediate written notice to the department or agency to which this grant agreement is submitted if at anytime the Grantee Agency Official learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lower leer covered transaction,participant, person,primary covered transaction,principal, grant agreement, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29. You may contact the department or agency to which this grant agreement is being submitted for assistance in obtaining a copy of those regulations. 6. The Grantee Agency Official agrees by submitting this grant agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. Certifications and Assurances(Rev.5/16) EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 4 7. The Grantee Agency OtTicial further agrees by submitting this grant agreement that it will include the clause titled"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non-procurement Programs. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions (1) The Grantee Agency Official certifies to the best of its knowledge and belief, that its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this grant 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 record, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State or Local)with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/grant agreement had one or more public transactions(Federal, State, or local)terminated for cause or default. (2) Where the Grantee Agency Official is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this grant agreement. Certifications and Assurances(Rev. 5/16) EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 5 Instructions for Lower Tier Certification 1. By signing and submitting this grant agreement, the prospective lower tier participant is providing the certification set out below. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this grant agreement is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, loiver tier covered transaction, participant, person,primary covered transaction,principal, grant agreement, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this grant agreement is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this grant agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. (3. The prospective lower tier participant further agrees by submitting this grant agreement that it will include the clause titled"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Certifications and Assurances(Rev.5/t6) EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 6 9. Except for transactions authorized under paragraph 5 of these instructions, il-a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions: t. The prospective lower tier participant certifies, by submission of this grant agreement,that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. . Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this grant agreement. Certifications and Assurances(Rev.5/16) RECEIVED }Eti4 RECEIVED P 13 SE 2016 � .�� ,.. , �. SEP 0 8 2016 CITY CLERK'S OFFICE Carr ADMI N)STRATION STAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: September 6,2016 TO: Honorable M Ind City Council FROM: Derek Wieske, Director of Public Works,Water&Development Services Department Originator: Wendy Herrera,Permit Technician RE: MONTHLY BUILDING DEPARTMENT REPORT Enclosed herewith is the Monthly Building Report for the month of August 2016.Thank you. City of Vernon Building Department Monthly Report from 8/1/2016 to 8/31/2016 Type Value #of Permits Electrical $827,481.00 21 Grading $1,688,914.00 1 Industrial -Addition $60,000.00 1 Industrial - Remodel $5,863,049.00 7 Mechanical $1,502,001.00 8 Miscellaneous $513,258.53 17 Plumbing $1,308,774.00 14 Roof $182,220.00 3 August 2016 TOTALS PERMITS: $11,945,697.53 72 PREVIOUS MONTHS TOTAL $78,131,972.84 427 YEAR TO DATE TOTAL $90,077,670.37 499 August 2016 TOTALS PERMITS: $3,116,742 00 56 PREVIOUS MONTHS TOTAL $47,930,602.00 425 PRIOR YEAR TO DATE TOTAL $51,047,344.30 481 Der W ieske Director of Public Works, Water& Development City of Vernon Building Department Major Projects from 8/1/2016 to 8/31/2016 Valuations> 20,000 Permit No. Project Address Tenant Description Job Value Electrical B-2016-1422 4170 BANDINI BLVD LED lighting retrofit-replace 101000 APN 6304003001 existing HID with LED fixtures B-2016-1375 2677 26TH ST Final Boiler& RM Renovation 250000 APN 5168023001 B-2016-1414 5132 ALAMEDA ST LED retrofit 55000 APN 6308016043 B-2016-1199 2145 49TH ST Jacobs Farm del New lights fixtures, electrical for 22000 APN 6308015067 Cabo refrigeration equipment B-2016-1223 2360 48TH ST Zankou T.I.for commissary 50000 APN 6308015043 Enterprises B-2016-1289 4755 49TH ST RIR light fixtures(63), run power to 25000 APN 6304016004 comp on dock B-2016-1323 5600 ALAMEDA ST LED lighting retrofit 63000 APN 6308017040 B-2016-1322 6180 ALCOA AVE Electrical lighting LED retrofit 32000 APN 6310027036 B-2016-1329 4646 HAMPTON ST 500 HP chiller 76000 APN 6308009038 B-2016-1266 4170 BANDINI BLVD Relocation of existing equipment 80000 APN 6304003001 and adding panelsltransformers 10 Record(s) $764,000.00 Grading B-2016-1081 4415 BANDINI BLVD Grading for infrastructure for a new 1688914 APN 5243018013 industrial/warehouse facility 1 Record(s) $1,688,914.00 Industrial -Addition B-2016-0982 4366 26TH ST Remove old parts building and build 60000 APN 5243019009 new 1200 storageloffice space t Record(s) $60,000.00 Industrial - Remodel B-2016-1133 3305 BANDINI BLVD Build out existing 35,264 of vancant 5151249 APN 6303001005 space B-2016-1132 2360 48TH ST T.I. for new tenant. Building 150000 APN 6308015043 remodel. B-2016-1366 2021 52ND ST Allied Sales& Dist Install new 55F cooler for 3 new air 250000 APN 6308016042 units& structural support for new cooler box and air units. B-2016-1038 5798 ANDERSON ST Installation of walk in cooler and 170000 APN 6308019021 freezer B-2015-0555 4500 BANDINI BLVD Install (N) plumbing fixtures and 129800 APN 6304030001 ADA(4) stalls in (E) Parking Lot, Remodel area for a (N) breakroom, dispatch center, and (2) offices. 5 Record(s) $5,851,049.00 Mechanical B-2015-0602 4722 EVERETT AVE TI for buildings HVAC, Exaust& 250000 APN 6304025005 Kitchen Ventillation B-2016-1137 3305 BANDINI BLVD Refrigeration Equipment and 1098200 APN 6303001005 Installation for new tenat space B-2016-1293 3260 26TH ST Add 4 rooftop exhaust fans 75000 APN 6303002021 B-2016-1197 2145 49TH ST Jacobs Farm del New refrigeration for walk-in cooler 25000 APN 6308015067 Cabo 4 Record(s) $1,448,200.00 Miscellaneous B-2016-1252 4700 ALCOA AVE New glass guardrail system for 120000 APN 6303019011 main stair and second floor atrium and exterior balcony B-2016-1280 2600 28TH ST Fed Ex Ground Removing and replacing Structural 31470.12 APN 6302002033 Beams B-2016-1317 5370 BOYLE AVE 170 linear feet of retaining wall 75000 APN 6310008012 B-2016-1330 4646 HAMPTON ST Millennium Foundation and anchorage to 30000 APN 6308009038 Products support a tree sculpture. B-2016-1401 3055 44TH ST Achoring for the ducting installation 68000 APN 6303012041 FIW B-2016-0931 B-2016-1350 4622 ALCOA AVE Interior windows-front windows 35000 APN 6303019010 B-2016-1380 5119 DISTRICT BLVD Install truck dock canopy 35000 APN 6314003900 7 Record(s) $394,470.12 Plumbing B-2016-1135 3305 BANDINI BLVD Flying Food Group Plumbing TI build out of existing 1208525 APN 6303001005 35,264 of vancant space B-2016-1225 2360 48TH ST Zankou Plumbing T.I. for commissary APN 6308015043 Enterprises kitchen 2 Record(s) $1,243,525.00 Roof B-2016-1400 4525 DISTRICT BLVD Application title 24 silicone roof 51900 APN 6304020021 coating over existing flat roof B-2016-1398 4361 SOTO ST Remove exisitng roof, replace with 115520 APN 6308001017 114 securock, 60 mill TPO 2 Record(s) $167,420.00 32 Pe rmit(s) Total $11,607,578.12 Derek U'UiesFce Director of Public Works, Water& Development Services Ir City of Vernon " v Building Department New Buildings Report-August 2016 None Derek VMeske Director Public Works, Water& Development Services City of Vernon Building Department Demolition Report-August 2016 None Derek #ieske Direct r of Public Works, Water& Development Services City of Vernon Building Department ti Status of Certificates of Occupancy Requests Month of August 2016 Request for Inspection 12 Approved is Pending 286 Temporary Occupancies 21 Derek Teske Director of Public Works, Water& Development Services City of Vernon Certificate of Occupancy Applications Date From B1112016 to 8/31/2016 Issued Permit No. Proiect Address Tenant Description Fees Paid Square Feet Certificate of Occupancy C-2016-0488 4626 PACIFIC BLVD Anarchy Fashion Inc. Sewing machine 300.00 4,000 APN 6308004010 C-2016-0489 2634 26TH STREET United Growers Inc Refrigerated 689.00 6,160 APN 6302001030 produce distr. C-2016-0490 3155 BANDINI BLVD HUF Worldwide LLC Warehouse&distr. 81500 58,500 APN 6303001008 C-2016-0491 4651 PACIFIC BLVD California Gift Center Inc. Warehouse general wi 300.00 1,200 APN C-2016-0492 4651 PACIFIC BLVD Asian Trading Warehouse general 300.00 1,200 APN 6308009029 merchandise C-2016-0493 2000 49th Street Kariba Shipping LLC Storage of furniture 815.00 80,500 APN 6308015077 C-2016-0494 5411 SOTO STREET The Green Olive Restaurant 300.00 800 APN 6309026032 C-2016-0496 4480 PACIFIC BLVD Main Tec USA Inc. dba Textile 689.00 26,000 APN 6308005012 manufacturing C-2016-0497 2926 54TH STREET SHEEPOK Manufacturing of 300.00 4,500 APN 6303028015 C-2016-0498 2007 VERNON AVE LA Finishing Garment finishing 30000 1,500 APN 6302017043 C-2016-0499 4536 DISTRICT BLVD DM Collective Inc Knitting mills 689.00 39,921 APN 6304019002 C-2016-0500 3007 FRUITLAND AVE Audrey 3 Plus 1 Women's clothing 68900 28,036 APN 6303019014 Total for Certificate of Occupancy: 6,186.00 225,617.00 Total Fees 6,18600 12 Permits(s) City of Vernon Certificate of Occupancy Issued Date From 8/1/2016 to 8131/2016 Iss Lied Permit No Pfo act Addross Tenan# Description Fees Paid S uarg Feet Certificate of Occupancy 8/1/2016 C-2016-0476 3359 50TH STREET A&A Global Imports,Inc Warehouse of general 1,880.00 137,402 AP 6303026001 merchandise 8/24/2016 C-2016-0482 2045 VERNON AVE Wise Universal,Inc. Office use 300A0 1,692 AP 6302017024 8124/2016 C-2016-0414 2209 37TH STREET Wear For Fun,Inc Office use 30000 500 AP 6302010015 8124/2016 C-2015-0129 5000 PACIFIC BLVD Mrs.Gooch's Natural Warehousing of grocery 0.00 130.204 AP 6308003901 food 81P412016 C-2015-0262 2832 ALAMEDA ST Soofer Co,Inc-Dba Pkg_&whse Frozen,dry 689.00 10,000 AP 6302DO9030 food products 8/24/2016 C-2015-0147 4621 50TH STREET Nightlife D6cor Inc. Manufacturing of furnAure 689.00 9,410 AP 6304017011 8/24/2016 C-2015-0143 4700 BOYLE AVE Crafstman Lab,Inc. Manufacturing of garments 689 DO 7.000 AP 6303020010 8/24/2016 C-2016-0385 5233 ALCOA AVE Home Furniture International LLC Warehouse of furniture 940.00 136,692 AP 6310008015 8/2412016 C-2016-0399 2833 LEONIS AVE Monarca Inc Dba La Monarca Bakery Office use 30000 600 AP 6303022004 8/2 412 0 1 6 C-2016-0431 2724 LEONIS BLVD City of Vernon Gas Warehouse gas inventory 0 00 2,000 AP 6308002906 8/24/2016 C-2016-0433 4501 50TH STREET JYT Inc. Warehouse garment 30000 5,000 AP 6304017012 8/24/2016 C-2015-0233 5995 MALBURG WA' Re Trading Inc. Warehousing of fabric 689 00 5.116 AP 6310027045 8124/2016 C-2016-0366 3718 26TH STREET NU Health California LLC Warehousing of canned 689 00 11,000 AP 5192030004 food 8/24/2016 C-2016-0383 2906 LEONIS BLVD Rocket Electronics Inc. Office use 300.D0 50 AP 6303024018 8/29/2016 C-2016-0475 5275 DISTRICT BLVI MakeSpace Labs Inc. Warehousing of house hold 689.00 38,622 AP 6314001903 goods 8/29/2016 C-2016-0447 2850 VERNON AVE Idon Inc Office use 3D0 00 3DO AP 6308001046 8/30/2016 C-2015-0216 2333 49TH STREET Maria's Bikinis Swimwear Manufacturing of swimwear 689 00 11,480 AP 6308015044 8/29/2016 C00-003-672 2301 51 ST STREET Blue Bee Inc.Dba ANGL Warehousing of garment 230,00 16,000 AP 6308015044 Total for Certificate of Occupancy: $9,673 539,564 18 Permits(s) Total Fees Paid $9-673 RECEIVED RECEIVED SEP 13 2016 SEP 0 8 2018 CITY CLERK'S OFFICE CITY ADMINISTRATION STAFF REPORT ckcj-t�iy PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT Consent DATE: September 20,2016 TO: Honorable Mayor and City Council FROM: Derek Wieske,Director of Public Works, Water and Deve opment Services Originator: Lissette Melendez, Associate F:nginee RE: Acceptance of Electrical Easement at 4700 Alcoa Avenue(APN 6303-019-011) Recommendation A. Find that the acceptance of the Electrical Easement proposed in this staff report is not a "project" as that term is defined under the California Environmental Quality Act (CEQA) Guidelines Section 15378, and even if it were a project, it would be categorically exempt in accordance with CEQA Guidelines Sections 15301 (maintenance, repair or minor alteration of an existing facility and involves negligible or no expansion of an existing use) and 15061(b)(3) (general rule that CEQA only applies to projects that may have a significant effect on the environment); and B. Accept the Electrical Easement, in substantially the same form as attached to this staff report, and authorize the Mayor to execute the Certificate of Acceptance. Backsround The property located at 4700 Alcoa Avenue is being redeveloped and an easement is needed for the installation and maintenance of City-owned electrical conduit and equipment serving the property. The Public Works, Water and Development Services Department has received a fully executed Electrical Easement by Alcoa Bel Air, LLC, a Nevada limited liability company for the property located at the above-mentioned location, Assessor's Parcel No. 6303-019-011. The easement has been reviewed and approved by staff in both the Gas&Electric and Public Works, Water& Development Services Departments and has also been approved as to form by the City Attorney's Office. It is now recommended that the City Council accept the easement. Fiscal Impact Acceptance of the proposed Electrical Easement has no fiscal impact. Attacltment(s) 1. Easement Deed Page I of 1 „ i .,, s��; �, �. x: . :�� _- . RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon,CA 90058 Attn: City Cleric MAIL TAX STATEMENTS TO: Exempt SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE EASEMENT APN: 6303-0I9-0I 1 DOCUMENTARY TRANSFER TAX IS NONE—NOT REQUIRED SEC. 1,I922 REVENUE TAXATION CODE. FOR VALUABLE CONSIDERATION,RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED. ALCOA REL AIR,LLC,it Nevada Limited Liability Company (the"Grantor") HEREBY GRANT(S)TO: City of Vernon,a municipal corporation(the"Granite") An easement for every purpose beneficial to the Vernon Gas and Electric Department,a Municipal Corporation, including,but not limited to,the right to construct,lay,install,use,maintain,alter,add to,repair,replace,inspect and remove underground and overhead electric and other public utilities,consisting of pole,gays and anchors, crossanns,wires,cables,conduits,manholes,vaults,pull boxes,markers and other fixtures and appliances with the right of ingress and egress in,on,over,under,across and through that certain real property in the City of Vernon, County of Los Angeles,State of California,as described in Exhibit"A"attached heteto and incorporated herein by this retercrkce, and as 111{}re PATVGLLlarly Shown on the map arched hereto as Lxliibit"B"and incorporated herein by this refereaco. This easeaaieni is on a portion ofthe property uwFaed by the Grantor, The Grontoe,and its employees Shall have free aCCass to iFk fiacilities and every part thereof,at Olt times, fpr the purpose oftixarcising the rights herein granted. Date. June 23,2016 GRANTOR.: ALCOA BEL AIR,LLC, a Nevada Limited Liability Company Mahasti Mashhoon, Manager Hamid-R. Mashhoon, Manager fVa Tile Name, Title - { F 1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which 11&is certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of On <61 2.!! before me, r r t 4 k Lr .�iixr� une,+�h;slary Ih I -all t 11IeY personally appeared who proved to tree on the basis of satisfactory evidence to be the person(s) whose name(s) 'Mare subscribed to the within instrument and acknowledged to me that N/s'lw/they executed the same in W/ftar/their authorized capacity(ies), and that by tris/ft"Aheir signature(s) on the instrument the person(s), or the entity upon behalf on which the person(s)acted,executed the instrument. I certify tender PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. SANDY MARMOLEJO } Comm.g1146273 Signature Seal r Notory Publk-California + Los Angeles County Comm.expire&Mor. 14, 3020 EXHIBIT A ELECTRICAL EASEMENT STRIP 1. THE CENTERLINE OF A 5.00 FOOT WIDE STRIP LYING WITHIN A PORTION OF THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND BEING THAT PORTION OF LOT 21 IN THE 500 ACRE TRACT OF LOS ANGELES FRUITLAND ASSOCIATION, AS PER MAP RECORDED IN BOOK 3 PAGES 156 AND 157 OF MISCELLANEOUS RECORDS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF ALCOA AVENUE, FORMERLY, MAGNOLIA AVENUE, AS SAID ALCOA AVENUE NOW EXISTS 50.00 FEET IN WIDTH WITH THE NORTHERLY LINE OF THE STRIP OF LAND 17.00 FEET IN WIDTH CONVEYED TO LOS ANGELES AND SALT LAKE RAILROAD COMPANY, BY DEED RECORDED IN BOOK 15607 PAGE 262, OFFICIAL RECORDS, OF SAID COUNTY; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID RIGHT OF WAY NORTH 00'00'29 WEST 67.59 FEET TO THE TRUE POINT OF BEGINNING. THENCE LEAVING SAID RIGHT OF WAY NORTH 90'OO'00' EAST 151.00 FEET TO POINT A. STRIP 2. BEGINNING AT POINT A; THENCE NORTH O(TOO'00" E 6.71 FEET; THENCE NORTH 90'00'00' EAST 20.00 FEET; THENCE SOUTH 90'00'00' EAST 16.00 FEET; THENCE NORTH 90'00'00" WEST 20.00 FEET THENCE NORTH 0900'00' EAST 9.29 FEET TO POINT A ��10�ESSJ�,y J Cfv1� � ixF CkLk� PROJECT ri 1LE 4700 ALCOA AVENUE CITY OF VERNON C&V CONSULTING, INC. REFERENCE DATE swr NO. &AM MMMM AM NOMM 06/01/16 I1LS6 BURBAW PHOM 916-3800 J.N SCALE 91( F00TWLL RANCS,GLWORMA 9M FAX M) 3W N-A or LCOA AVENUE 0 0029" E� ;;Q a 1 IC13 N 0000 29" E 250.44' n m cn 0 u o ' O cn � m z n o �co r+ o z Z 4 0 u�i C L o cam+► am!) I [gyp Z o r I Oo a r Cp z 'b O O 'er I � rrrr rTrm \m/ C7 0 C r r T ; z F Z W t S O - r- 'n a m o m # m f 9 O n CO nrn a ? woCAD od : S ,oz -1 O D ,,� Z a I }oy�4j IQ[.a r9 ��y I „ > p) co � z0000 04o o Iw Z) r a c oc3 o , V _Z rn Z o - o 0 0 ! o 9 c o o V g " rn x z r V r.Nf k n rn C) o -1NJ Q, a o � " :, 42 _ _ o� n N 0002'23 E 250.00 03 ILYA � LA DEPARTMENT OF WATER AND POWER PROJECT T17LE ELECTRICAL EASEMENT 4700 ALCOA AVENUE C&V CONSULMNO, INC. REFERENCE WTE SHEET W. crm n o LM NaME o 06/01/16 71i56 BUR9AN$ PI NE M 91(pr-M JJN SCALE CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that interests in real property conveyed to or created in favor of the City of Vernon by that certain Electrical Easement dated June 23, 2016, executed by Alcoa Bel Air, LLC, a Nevada limited liability company, is hereby accepted by the undersigned officer on behalf of the City pursuant to the authority conferred by Minute Order by the City Council of the City on September 20, 2016, and the grantee consents to recordation thereof by its duly authorized officer. Dated: 20!6 CITY OF VERNON WILLIAM "BILL" DAVIS, Mayor ATTEST: MARIA E. AYALA, City Cleric APPROVED AS TO FORM: BRIAN BYUN, Deputy City Attorney - RECEIVED ,�".._..,F RECEIVED SEP 1 $ 2016 SEP 12 2016 CITY CLERK'S ME � CITY ADMINISTRATION STAFF REPORT dg q_1 �_ts* PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT count DATE: September 20, 2016 TO: Honorable Mayor and City Council !, FROM: Derek Wieske,Director of Public Works, Water and Development Services VIA Originator: Lissette Melendez, Associate Engineer c44 RE: Acceptance of Work of Hoffman Management and Construction Corporation regarding Contract No. CS-0638 — Fire Department Regional Training Center, Phase 1 Recommendation A. Affirm that accepting the work of Hoffman Management and Construction Corporation for the Fire Department Regional Training Center, Phase 1, Contract No. CS-0638 is consistent with the Initial Study and Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (CEQA) in accordance with Section 15063, which requires the lead agency to conduct an initial study to determine if the project may have a significant effect on the environment; and B. Accept the work of Hoffman Management and Construction Corporation as part of the Fire Department Regional Training Center, Phase 1, Contract No. CS-0638, and authorize the staff to submit for recordation a Notice of Completion for the project. Backsround The project consists of the construction and operation of a regional training center for the Vernon Fire Department located in the currently vacant parcel located behind Fire Station No. 1 at 3375 Fruitland Avenue. When completed, the facility will offer training opportunities for fire departments throughout the Los Angeles County region. The Vernon Fire Department estimates that five to six fire engines will transport trainees per day to the facility from distances ranging between two miles and approximately thirty miles for approximately six training sessions per day. The training center will provide a cost savings as well as operational impact to the City's Fire Department by allowing annual training and recruit to be done in-house, therefore reducing in-training over-time costs and keeping resources in the City. On April 21, 2015, the City Council awarded a contract to Kirila Fire Training Facilities, Inc. for the construction of the training facility. The facility is assembled into a three-story structure constructed of thirteen metal freight cargo containers. These containers were modified according to the Fire Department's specifications at the manufacturer's facility and shipped to the site for assembly. The training facility was constructed in accordance with National Fire Protection Association (NFPA) 1402 standards for building fire service training centers. Construction for the preparation of the site was divided into two construction phases in order to minimize the fiscal impact. On April 19, 2016, the City Council awarded Phase I of the project, Contract No. CS-0638, to Hoffman Management and Construction Corporation. Phase 1 consisted of site preparation, foundation construction and utility installation required for the installation of the training facility that was constructed by Kirila Fire Training Facilities, Inc. This phase also included the construction of a masonry wall along the East and West perimeter of the project site and along the east side of the regulator station as well as removal of existing wrought iron and chain link fence and re-installation of wrought iron fencing around the remaining perimeter of the regulator station. There was also construction of concrete curb and pavement surrounding the facility. Construction of Phase 1, Contract No. CS-0638 has been completed. Construction for the second and final phase is estimated to commence in October of 2016. Phase 2 will include the precise site grading, storm drain improvements for Storm Water Runoff Quality Control and concrete improvements on the rest of the site. It is recommended that the project be accepted and that the five percent (5%) retention of $27,294.45 be paid thirty-five (35) days after the recordation of the Notice of Completion,except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the contract to be further retained. Fiscal Impact Hoffman Management & Construction Corp. was awarded the contract in the amount of $541,485.70 with a $55,000.00 contingency. There was one Change Order approved by the City Administrator on August 2, 2016 for this project for modification of the proposed concrete curb in order to eliminate a trip hazard around the facility entrances in the amount of$1 I,738.00. This brought the total project amount to $553,223.70. The project was funded under the Fire Department's budget with a portion funded under the Gas & Electric's budget. Due to quantity changes during construction, the final project was completed under budget for a total of $545,888.99. Attachment(s) 1. Notice of Completion Page 2 of 2 Recording Requested By City of Vernon Public Works,Water and Development Services Department Fee Waived Pursuant To Govt.Code 6103 When Recorded Mail To: City of Vernon 4305 Santa Fe Avenue Vernon,CA.90058 Attn: City Clerk SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S t SE NOTICE OF COMPLETION NOTICE OF COMPLETION IS HEREBY GIVEN that 1. The City of Vernon, whose address is 4305 Santa Fe Avenue, Vernon, California, as Owner of the public work of improvement known as the Fire Department Regional Training Center,Phase 1 Project located at 3375 Fruitland Avenue as improved in accordance with Contract No.CS-0638 between Hoffman Management and Construction Corporation whose address is: 2301 E.7's Street,Suite D116,Los Angeles,California 90023 as CONTRACTOR, and the PUBLIC WORKS,WATER AND DEVELOPMENT SERVICES DEPARTMENT of the City of Vernon for the following work, to wit: Furnish all transportation and materials for the site preparation, foundation construction, utility installation and construction of masonry walls, wrought iron fencing,concrete curb and sidewalk, as described within the project specifications. 2. Notice is given that the Work of Contract No. CS-0638, as amended by Owner-approved changes, if any, was completed on August 19,2016, provided,however, this notice does not alter the responsibility of the Contractor for any failure to comply with the requirements of the Contract Documents including, but not limited to, Contractor's liability for any unauthorized or non-conforming work and does not constitute acceptance of any disputed claims. 3. The nature of the interest or state of owner is in fee. This notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. Dated: PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES CITY OF VERNON ATTEST: BY: Derek Wieske Director of Public Works, Water and Development Services Maria E. Ayala,City Clerk VERIFICATION I. Derek Wieske, Director of Public Works, Water and Development Services, state that I am an officer of the City of Vernon, to wit: Director of Public Works, Water and Development Services; that I have read the foregoing Notice of Completion and know the contents thereof and that the same is true of my own knowledge,except as to the matters which are therein stated on information or belief,and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Executed in the City of Vernon on the above stated date. Approved as to Form: Derek Wieske Director of Public Works,Water and Development Services Brian Byun, Deputy City Attorney RECEIVED RECEIVED SEP 13 2016 Sr 1p s 3 12E16 CITY CLERK'S OFFICE STAFF REPORT r'—'' �.F,. 5 ,ITRATE�� 4 cl—1 -A PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: September 20,2016 TO: Honorable Mayor and City Council i FROM: Derek Wieske,Director of Public Works,Water& Development Services Originator: Claudia Arellano,Stormwater& Special Projects Analvs RE: Purchase of Four Ford F Series Utility Vehicles (Three 2016 Ford F-250 Models and One 2015 Ford F-150 Model) Recommendation A. Find that the proposed action is exempt from California Environmental Quality Act("CEQA") review,because purchasing supplies 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 even if such an action were a "project," it would be exempt from CEQA review in accordance with CEQA Guidelines§ 15061(b)(3),the general rule that CEQA only applies to projects that may have a significant effect on the environment;and B. Approve the purchase of four Ford F Series utility vehicles(three 2016 Ford F-250 models and one 2015 Ford F-150 model) for a cost of$148,467.30. Backmound The Public Works, Water & Development Services Department (Department) is in need of replacing a number of Department vehicles, many of which are over 20 years old and are beyond their useful life. In addition, some of the Department staff have expressed concerns regarding the lack of air conditioning in the Department vehicles. Furthermore, parts for these older vehicles are sometimes difficult to find. Staff considered different options the City may have in order to equip staff with new, used, or retrofitted Department vehicles with air conditioning, and staff obtained information to explore four different options: 1) Purchasing new vehicles; 2) Purchasing used vehicles; 3) Leasing vehicles; and 4) Retrofitting current Department vehicles. Upon review of the different options and the Department's current fiscal year budget, the Department determined that there are sufficient funds available in the existing budget to replace four vehicles this year. It should be noted that two new dump trucks were purchased the previous Fiscal Year (2015/2016) therefore the Department is recommending to surplus two 1983 dump trucks. Table 1 below provides details of these vehicles: Table 1 — itemization of Current and Proposed New Vehicles Current Vehicle#, Year Account/ Purchase Surplus & Model/New Vehicle Division (New) Cost Value _ Year & Model Current—290/1989 1043 $2,000 F350 Pick-up truck New —2016 F-250 1043 $40.454.95 Current— 194/1991 1084 $2,000 F350 Pick-up Truck New—2016 F-250 1084 $35,004.95 Current—292/1990 1043 $2,000 F250 Pick-up Truck* New—2015 F-150 1084 $32,552.45 Current— 103/1989 1049 $2,000 F350 Pick-up Truck New — 2016 F-250 1049 $40,454.95 162/1983 Dump Truck 1084 $3,000 263/1983 Dump Truck 1043 $3,000 Total Cost: 1043 $40,454.95 ($7,000) 1049 $40,454.95 ($2,000) 1084 $67,557.40 ($5,000) Total Budgeted: 1043 $70.000 1049 $50.000 16 1084 $140,000 * Vehicle 148 currently operated by the Water Department will be reassigned to the Street Division and Vehicle 292 currently operated by the Street Division will go into surplus. As noted above, staff also explored other options. First, the option to purchase used vehicles was considered but was determined to be economically unfeasible due to the minimal price differential between used and new vehicles and the used vehicles will need to be retrofitted with beds, ladder racks,upholstery, etc. as necessary which adds to the cost of purchasing used vehicles. Next, staff also researched the option to lease vehicles, but this option is not recommended because leasing depletes the City's asset value. Rather, owning vehicles is considered by the American Public Works Association(APWA) to be a best management practice. Lastly, the option to retrofit current Department vehicles was considered but also determined unfeasible for the reason that finding parts could become an expedition and some parts may have to be engineered and/or welded together. Page 2 of 3 Proposed Purchasing Method After considering other alternatives,staff is recommending approval to purchase four Ford F Series utility vehicles (three 2016 Ford F-250 models and one 2015 Ford F-150 model) for a cost of $148,467.30. If the Department's request is approved, then the Department staff will work with the Finance Department Purchasing staff to process the orders promptly. This type of purchase is exempt from competitive bidding per the City of Vernon Municipal Code Section 2.17.12(A)(5) which states, "(A) Competitive bidding shall not be required for the following: ... (5) Contracts (a) with other governmental entities for supplies, equipment or services; and (b) for supplies, equipment or services that can be purchased in cooperation with other public agencies,associations or when supplies,equipment or services can be purchased from a vendor offering the same prices, terms and conditions as in a previous award from the City or another public agency either by competitive bid or through a negotiated process and, in the opinion of the Finance Director, it is to the advantage of the City to do so." The City of Los Angeles recently selected Rush Truck Center for the purchase of Ford F-150 and F-250 trucks which included Ford's Government Price Concession(GPC)discount pricing for the Ford F-150 and F-250 trucks. Ford Motor Company's GPC for their State and Local Government Sales Program is designed to provide discounted vehicle pricing to eligible state and local governmental agencies. The proposed vendor, Rush Truck Center, is a vendor for the commercial vehicle industry and offers Ford's GPC via Piggy-Back contracts. The GPC discount from retail prices varies from $6,000 to $7,600 per truck. Rush Truck Center is located in the City of Whittier and provided staff with the pricing for the four vehicles. The Finance Department has reviewed and approved the City's participation in Ford's GPC discount pricing per the City's Municipal Code Section 2.17.12(A)(5) discussed above. Fiscal Impact The fiscal impact for the approval to purchase four Ford F Series utility vehicles (three 2016 Ford F-250 models and one 2015 Ford F-150 model) is for a cost of$148,467.30. Funds were budgeted in the approved Fiscal Year 2016/2017 Department Budget for the purchase and replacement of four vehicles as follows: F1043 (Street —Public Works, Water & Development Services Department FY 2016/2017 Budget for New Vehicles Operations) 1049 (City Buildings) 1084 (Water) Truck F-250 1 — Crew Cab Pick-Up 1 —Ford F-150 - $60,000 - $70,000 Truck - $50,000 1 —Ford F-150 Utility Truck - $80,000 The City's General Fund will benefit from the surplus vehicle sales. Attachments 1) Retail Sales Orders from Rush Truck Center Page 3 of 3 i Rush Truck Center,Whittier 2450 Kella Avenue I=CE vvr,ittier,CA90601 Retail Sales Order ORDER pats Please enter my order for the following: Dty Of Vem Dn M New ld F.E.T.Applicable Cam',,Narw ❑Used O F.E.T.Exempt 4305 Santa Fe Ave Vem_ on CA 90058 Irrka Ford Sewmi F-150 SInaI city SLOB Zip yast 2015 Bay Type Crew Cab Pidtup (323)50-9811 (323)82193,1437 FmftM Tax ID a t#rasaM vww Flan Cater (WORD VMITE Tom+ XU CIWALlto Tram Serials 1FTEW1C83FKE65493 $lock a 571$79 _ To be deiNered on or about 9/22/2016 FaEerol Tax D e ttummm FyMOIMM FAX Randall Zunigs Truck Will be Tilled in IrMt�c j IeSPrICra — 29-500.00 DatsorLlen Factory Paid F-E.T. 0.00 Lien Holder F.E.T. Tire Credit 0.00 Total Fat nary Pain F.E.T. 0.00 j Cphonal Extended Warr'ambes 0.00 St+4-T4#al 29-500.00 i Dealer Paid F.E T 0-00 Ore tThrough Local Tames 2,S84.70 Vehicle License,Transfer,Title,Registration Fee 0-00 E$sctronic Vehicle Registration or 29-00 Transfer Charge(not a governmental fee) (paid to Motor Vehicle Software Corp_) Talal Used Vehode Allowance' 0.00 Tire Recycling Fee 8.75 Less Total Balance lNwe-d _ 1300 Dpcumerit Processing Charge 80 00 Talal Net A khgance art U sed Vehrde(5) 0.00 Adminjstr•abve Fee" 250.00 Deposit or Credit Balance 0.00 Total Crash Deliversd Price 32-552.45 Cash wrth OrCer O.�Q Total pawn Payrrient — 0.00 _ — — _ — 0.00 ' Unpaid Cash Balance Due On Delivery 32.552 45 'Sae Trade4n details an page 4 A DOCUMENT PROCESSING CHARGI<IS NOT A GOVERNMENTAL FEE A Customer,by the execution of this Order,Offers to purchase the Proft%04I DOCUMENT PROCESSING CHARGE IS NOT REQUIRED BY LAW,BUT MAY BE described above upon the Terms and Conditions contained herein.Customer j IIIARr,E a TO CUSTOMERS FOR HANDLING DOCUMENTS RELATING TO THE SALE. acknowledges that Customer has read the Terms and Conditions of this Order On A DOCUMENT PROCESSING CHARGE MAY NOT EXCEED 380.O0.THIS NOTICE 15 Page 2 and has received a true copy of this Order and the Terms and Conditions. RRq 11 By LAW THE ADMINISTRATIVE FEE IS NOT A GOVERNMENTAL FEE" I N�RA N C E UNLESS A CHARGE IS INCLUDED IN THIS ORDER FOR PUBLIC LIABILrTY OR PROPERTY DAMAGE INSURANCE,PAYMENT FOR SUCH COVERAGE IS NOT PROVIDED BY THIS ORDER. SUBJECT TO ADJUSTMENT—FINAL F E T MAY VARY, NOTICE.No person is required as a condition precedent to financing the _ purchase of an automobile that any Insurance be negotiated or purchased ANY F.E T.VARIANCE RESPONSIBILITY OF DEALER through a particular insurance agent or broker. NOTICE:THE FOLLOWING ARE IMPORTANT PROVtWONS OF THIS ORDER THIS ORDER CANCELS AND SUPERCEDES ANY PRIOR AGREEMENTS AND,AS OF THE DATE Customer's Signature Date HEREOF, COMPRISES HE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS OF THE AGREEMENT BETWEEN THE PARTIES. IF ANY REPRE SENTATIph S.SOECIF ICATi0r.5 OH 4YHER ArgEEMMEMT;ARE RELrE D UPON By OFFER RECEIVED BY: CUSTOMER,THEY MUST BE N WRITING AND SPECIFICALLY IDENTIFIED AND REFERENCE[) SALES REPRESENTATIVE NO N THIS ORDER;OTHERWISE,THEY WILL NOT BE BINDING ON OR ENFORCEABLE AGAINST DEALER. OFFER ACCEPT o ay: THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETwEEN THE PARTIES. AUT'HORrZEDREPRESENTATIYE lira RTC&•Ix LJ-Tf14 1 Rush Truck Center,Whittier 2450 Kella Avenue Whittier,CA 90601 Retail Sales Order TERMS AND CONDITIONS 1.Parties to Order,Deffnitions.As used in this Retail Sales Order("Ordei.the terms:(a)'Dealer steal mean the Rush Dealer idertfied at the lop of the first page of this Order,(b) Cuslomeie shall mean the Customer identified on the fi rst page of this Order,(C)'Manufadider(s)'char mean tine entity or entities that manufactured the Product(s),it being understood by Cusirimer Mali Dealer is in no respect the agent of Manufacturer(s):and(d)'Produci(s)' shall mean the new endlor used vehicle Cr other components,accessories or products,which are being pudrased by Customer,as set forth in this Order. 2 WARRANTY DISCLAIMERS AND LIMITATIONS NEW PRODUCTS—MANUFACTURER WARRANTIES ONLY. Arry warranties on any new Product(s)sold under this Order are limited only to"printed Manufacttaers'warranties cared to Customer with the Product(s). EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS,THE PRODUCT(S)ARE SOLD WrrHOLIT ANY OTHER WARRANTIES. EXPRESS OR IMPLIED,INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,EACH OF WHICH IS EXPRESSLY DISCLAIMED, USED PRODUCTS. Any used Product(s) sold under this Order are sold on an'AS IS,WHERE IS'beset,wittoid any warranties by Dealer EXCEPT FOR ANY MANUFACTURERS' RANTIES THAT MAY STILL BE IN EFFECT,ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR IA PARTICULAR PURPOSE,ARE EXPRESSLY DISCLAIMED ff the Products)ere sold by Dealer as'Carded Pro-Owned',the warranty of merchantability is not disclaimed. LIMITED WARRANTY ON SERVICES. Dealer warrants that all services performed by Dealer for Customer in conjunction with the sale of the Product(s).including if applicable installation. ,*f..nvig and conversion services(-Services-),will be performed in a good and workmanlike manner('Services Warranty) The Services W arranty is valid for a period of rinety(90)days from the dace the Product(s)is delivered to Customer. Customers sole and exclusive remedy,and Dealers entire liability,under the Services Warranty is the repair of arty nonoordorming portion of the -Sarvices. DEALER PROVIDES NO OTHER WARRANTIES,EXPRESS OR IMPLIED.CONCERNING ITS SERVICES. The Services Warranty is strictly limited to Services performed by Dealer for customer. dealer does not warrant any services provided by any third-party,including but not limited to installation,upfitting of conversion services Arty warranties are solely those that are Iky,&Med by the third-parry service provider. NO OTHER WARRANTIES. EXCEPT ASSET FORTH ABOVE,DEALER EXPRESSLY DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED. 3.Reappraisal of Trade-In Vehicle.if the motor vehicle which has been traded in(Trade-In Vehicle-)as a part of the consideration for the Product(s)ordered hereunder is not to be wred to Dealer until delivery to Customer of the Produfs(s),the Trade-in Vehicle shall be reappraised at that time and such reappraised value shell determine the allowance made for the rode-In Vehicle If the reappraised value is loner than the original allowance shown on the front of this Order,Customer may.if dissatisfied.carhcal this Osier, 4.Delivery of Trade-In Vehicle by Customer;Customer Warranty of TAW.Customer agrees to deliver to Dealer satisfactory evidence of title to the Trade-in Vehicle at the time of airy or the Tradedr Vehicle to Dealer.Customer warrants the Trade-In Vehicle to be Customers property free and dear of all liens and encumbrances 5 Delay or Failure in Delivery;Limitation of Dealer Liability.Dealer shag not be liable for failure to deliver or delay in delivering any Product(s)covered by this Order wim we such failure or clolay A due,in whole or In part,to any cause beyond the reasonable control,or is without the gross negligence or intentional misconduct.of Dealer. Examples of causes beyond Dealers feleMallelilliM GOrhtrol include.but are not limited to.Manufacturers'delay or failure to deliver Product(3)for any reason earthquake,hurricane or other natural disaster,fire,war,terrorist ad.labor dhipL".strike etc. 6.Liability for Taxes.The price for the Product(s)specified on the face of this Order indudes reimbursement to Dealer for federal excise taxes paid,but does not include sales or use taxes Wr occupational lames based on sales volume(federal.state or local)unless expressty so stated Customer assumes and agrees to pay,urless prohibited by law,arty such sales or use or occupational taxes imposed on or applicable to the transaction covered by this Order,regardless of which party may have primary tax liability thereof 7 Gustomaes Depoat. Any Customers deposit.whether cash or Trade-tin Vehde.shell not be refunded exopt due to Dealers failure to deliver time Product(s). 8 Risk of Loss;Insurance. Customer shall assume all nsk of loss relating to the Product s)at the time Customer receives possession of the Product(s).or at the lime Customer recohm WM to the Produc4s)if fide is conveyed before Customer receives possession. Customer shag obtain insurance for the Product(s)that will be in effect at the time Customer takes possession of IM Product(s).or at the time Customer receives title to the Products)if Otte is conveyed before the Customer receives possession Dealer shall have no responsibility air lability relaled to the IProducii s-after Customer receives either possession or title to the Product(s) 1 9-Governing Law;Venue;Time to Commence Action.Except to the extent that the laws of the United States may apply or otherwise control this Order.the rights and obligations of the piftilies hereunder shall be governed by and construed and interpreted in accordance"ll"T the laws of the state in which Dealer his located,without regard to conflict of law principles The rdalory venue for any dam,litigation,civil action or any other legal or administrative proceeding('Action)involving any controversy or claim between or among the parties to this Order.is Im state in which Dealer is located Customer has one(1)year from the acuual of any cause of action arising from the purchase of the Product(s)to commence an Action against Dealer 10 Limtation of Damages.Customer agrees that An the event of any Action brought by Customer against Dealer.Customer shall not be entitled to recover any incidental or consequenbal as defined in the Uniform Commercial Code,including bud not limited to indirect or special damages.loss of income or anticipated profits,or down-time.or any punitive damages. 11 Fees and Expenses of Actions. In any Acton,whether ihitialed by Dealer or Customer.where the Customer has a right,pursuant to statute,common law or otherwise.to recover V e attorneys'fees and costs in the event it prevaiis.Customer agrees that Dealer shall have the same right to recover reasonable atomeys'fees and costs incurred in connection wrth Action in the event that Dealer preheils. 12 Ertecutlon and Delivery by Electrorlk Transmiselon.If this Order or arty doctmerlexaquted in connection v tt ttos Order is delivered by feL,imie,annul a similar mis6enfeneoue uru,ic transmission device pursuant to which the signature of or on behalf of such party can be seen,such execution and delivery steal be considered valid.binding and offeCtive for all ae5 as an original doctmer Additionally the signature of any party on this Order transmitted by way of a facsimile machine or email shall be considered for ell purposes as an original e Any such faxed or emaded dollxnent shall be considered to have the some binding legal affect as an original document At the request of Dealer,any faxed or emailed document shall re-elmrauted by Customer in an original fain. 13.Waiver,Severabltty.No waiver of any term of this Order Sher be valid unless it is in writing and signed by Dealers eutodz ed representative. t airy provision or pan of any provision of this Order shall be deemed to violate any applicable law or regulation,such invalid provision or part of a provision shah be inapplicable,BUT die romaiOng part of to provision and the Mtriziirrd -a'the Order shall continue to be binding and enforceable 14 Calffornia Air Resources Board Disclosure.An on-road heavy-duty diesel or aflemative-diesel vehicle operated in Calilrxrwa may be subject to the California Air Resources Beard Riallsitirlion to Reduce Particulate Matter and Cntena Polutarit Emissions from In-Use Heavy-Duty Diesel Vehicles.It therefore could be SWjed to exhaust retrofit or aoCderated tun-aver flOWd*mratq Ir,reduce emissions of air pollutants. Customer agrees to hold Rush Truck Centers of California.Inc,and any of its affiliates harmless for arty repairs amdlor modifications which may have to be made to the above roltrenc�ed to bring it into compliance with pending CARB or other govemmental regulations which are erected alter the date of purchase.Customer also agrees to hold Rush Truck Centers of Inc.and any of its affiliates harJess for losses or damages which agents.employees.subsidiaries,enlibes,heirs,and assigns may incur or suffer as the result of any pending I.ailonea Air Resources Board(CARS)regulations or similar regulations which may be pending or enacted by other states or the federal govemnnent. 15 No Broker;Manufacturer Incentives.If at any lime Dealer detemmries that the Customer intends to engage in the resale of vehicles for profit where such resale is not in conjunction with_ Iftrow manufacturing.Dealer reservos the right to cancel this Order Certain manufacturer incentives are intended to be used for retail customers at the location as identified by the Customer n this Pftf Customer represents that they will register the vehicle with their stale motor vehicle departmerit and are not purchasing this vehicle with the intent to reselVexport the vehide,except where such resale is in conjunctcin with further manufacturno If at any time Dealer dattrmines that the foregoing representations are riot true,Dealer has the right to seek repayment of arty manufacturer Inc&i,Ms that are paid 16 Communication Consent Dealer and any other owner or servicer of this account may use any information Customer gives Dealer,including but not limited to email sses eel phone numbers,and landline numbers,to contact Customer for purposes related to this aaount,including debt collection and marketing purposes. In addition, vMcme,expressly Consents to any such contact being made by the most effk*M technology available,including but not limited to,automated dialing equipment,automated 's and prerecorded messages,even if Customer is charged for the contact Customer Initial WFC 11-120 CA-1ASe 2 Rev 1W13 Rush Privacy Policy For Nonpublic Personal Information Disclosed in Connection with the Provision of Financial Products or Services LFACTS WHAT DOES RUSH TRUCK CENTERS DO WITH YOUR PERSONAL INFORMATION? WHY? I Financial companies choose how they share your personal information.Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect,share,and protect your personal information.Please read this notice carefully to u nderstand what we Oa What? The types of personal information we collect and share depend on the product or service you have with us.This information can include: • Social Security number and income • Account balances and payment history • Credit history and employment information '%Air en yo M are no fonper Our c uSTD"r,we continue to stare Vour information as described in this notice_ How? All financial companies need to share customers'personal information to run their everyday business.In the section below,we list the reasons financial companies can share their customers'personal information;the reasons Rush Truck Centers chooses to share;and whether you can limit this Sharing. Reasons we can share your personal information Does Rush Truck Centers share? Can you limit this sharing? For our everyday business purposes- Such as to processyour transactions,maintain your accountisf,respond to court orders and legal Yes No Investigations,or report to credit bureaus _ For our marketing purposes- res No To offer our products and services to you For pint marketing with other financial companies Yes No For our affiliates'everyday business purposes- Yes No _Information about your transactions and experiences For our affiliates'everyday business purposes- No we don t share Information about your creditworthiness For our affiliates to market to you no We don't share For nonaffiliates to market to you No we don't share �,uast!en;z CaR I[M)626-5249 Who we are Who is providing this notice? Rush Enterprises,Inc.and its wholly owned subsidiaries. See'Other important information"below for a listing of companies. What we do How does Rush Truck centers To protect your personal information from unauthorized access and use,we use security measures that comply with federal protect my personal Information? law.These measures include computer safeguards and secured files and buildings. How does Rush Truck Centers collect We collect your personal information,for example,when you my personal Information? ■apply for financing •give us your income information or provide employment information ■provide account information or give us your contact information We also collect your personal information from others,such as credit bureaus,affiliates,or other companies. Why can't I limit ail sharing? Federal law gives you the right to limit only ■sharing for affiliates'everyday business purposes-information about your creditworthiness ■affiliates from using your information to market to you •sharing for nonaffrliates to market to you State laws and individual companies may give you additional rights to limit sharing. Definitions Affiliates Companies related by common ownership or control.They can be financial and nonfinancial companies. Nonaffiliates Companies not related by common ownership or control.They can be financial and nonfinancial companies. Rush does not share with nonaffliates so they can market to you. Joint marketing A formal agreement between nonaffiliated financial companiesthat together market financial products or services to you. ■ Includes lenders,finance oompanies and financial service providers Olherm ortantinformation This notice is made by Rush Enterpnses,Inc,and its wholly owned subsidiaries in the Rush Truck Centers'family of companies:Rush Administrative Services,Inc., Rush Truck Centers of Alabama,Inc., Rush Truck Centers of Arizona,Inc.,Rush Truck Centers of California,Inc., Rush Truck Centers of Colorado,Inc., Rush Truck Centers of Florida,Inc., Rush Truck Centers of Georgia,Inc., Rush Truck Centers of Idaho,Inc., Rush Truck Centers of New Mexico,lnc., Rush Truck Centers of North Carolina,Inc., Rush Truck Centers of Ohio,Inc., Rush Truck Centers of Oklahoma,Inc., Rush Truck Centers of Oregon,Inc., Rush Truck Centers of Tennessee,Inc., Rush Truck Centers of Texas,LP and Rush Truck Centers of Utah,Inc., Rush Truck Centers of Virginia,Inc. * This Privacy Polity does not apply to information obtained in a non-financial transaction. Fleet Concession Management-. Search Page 1 of 1 vymb w-xuMMjA Fleet Concession Management HOME CWICE;SION TUTCRIAC C,fYNCEBSIOtt LOOKUPTUTOMAI-, CONTACT two COM a ,ION LOOKUP cO m"ro"REQUEST 8"tmv CONCIs"ON KtQYM 0tv-1FW/ECIT CONTACT OS FL;EE'T'CONCESSTON MANAGEMENT=8EARCH 30te:Fed: !CA-C4LiFDRN" J 4 McdM Year j 201E r FYeHum: [34--F-t5a "v >ebsr 7-/ge: I W C-Pl504X2STYL.E9IOE itER - WC TYPE: fAI *R Aneh t YWR SEARCH cRn REf4 STATE:CAZALjF39Mk MODU E71flESICFWX CP1:_AtL STATE VEWLE ®O4Y CPS 6 PRICE LEVEL REF GATE REPY_FlN GM TYPE EXPIRAT OIV GATE w1C-Fttlo 492 SMESON Q�CA 2MF-i5O �EW 7�GD Q 9¢O/2D16 31o16G P%97trtli !WA- CA 24-F-150 WIC-FT5602MLESM 706 643 3fir2M W400 Whew WA CA 244-160 s�YIEb�GE MS m5 sOrd MI S. 22W20 P9W►b.w Wi=fl WREW �vIC;F15o 02 STr�ME CA 2s F]fiU SCREW am.. am W12=6 iZW60 L=9 1{p� https://www.fleet,Concessions.dcalercorinection.com/Dealer/scr_localcorLeession.asp 8/15/2016 I Rush Truck Center,Whittier 2450 Kella Avenue TRUCI(CENNIM whiter,CA N W1 Retail Sales Order Died 7uFurd order for the following City pF $fT7On 0 F E.T.Applicable Gau,er,FaMR. ❑F.E.T.Exempt _ _ 4305 Santa Fe Ave Vernon CA 90058 T$erres F-250 ci"W. Oty State Zip Year 2016 aodyryl. a'Pickup (323)5W-MI1 (323)826-1437 F eaeral TAr ID■ aw4r�85 F'ny�g F�a Colar OXFORD VM I TE Trim XL Super GaeYGad AWO Train 5eriai M 1 FT7X2A63GED12593 P�, i kW� Smxx d 672661 _ To be delivered on or about 9/22/2016 Feamal ex ID M Sur,neea Pnone Fe. Randall Zuniga By SDWWrW Truck Will be Titled in Coept -Sales Price 31,750 00 D01M Of 1-M1 Factory Paid F.E.T. 0-00 heel holder — F-E.T.Tire Credo 0-00 — Total Factory Paid F.E.T. 0,00 CipUunal Extended Warranties 0-00 3u6.-Tortal 31.750.00 Dealer Paid F.E.T. 0.00 DmftTwogh Local Taxes 2.887.20 Vehicle License-Transfer, Title, Registration Fee 0.00 Electronic Vehicle Registration or i 29.00 Transfer Charge(not a govemmentai fee) (paid to Motor Vehlcfe Software Corp,} Total Used Vehice Allowance' 0.00 Tire Recycling Fee _ 8 75 LeS5 Total galance Owed 0.00 Documemrt Processing Charge 80.00 Total Not Allowance an Used Vetide(s) 0.D0 •,Administrative Fee — 260.00 De or Credit f3alanw 0.00 Total Cash 1]elivered Pride 35.004 95 Cash wdh order 0,0D Total Down Payment 0-00 — — — — — — — _ 0.00 Unpaid Cash Balance Due on Delivery 35,0OC95 'Sea Tradean details on page 4 A DOCUMENT PROCESSING CHARGE IS NOT A GOVERNMENTAL FEE A Customer,by the execution of this Order,offers to purchase the Product(s) DOCUMENT PROCESSING CHARGE IS NOT REOuIREO■Y LAW,suT MAY me described above upon the Terms and Conditions contained herein.Customer rt.:HA RGED TO CUSTOMERS FOR HANDLING DOCUMENTS RELATING TO THE SALE. acknowledges that Customer has read the Torma and Conditions of this Order on A DOCUMENT PROCESSING CHARGE MAY NOT EXCEED$80.00.THIS NOTICE IS Page 2 and has received a true copy of this Order and the Terms and Conditions. RMCUH BT LAW. THE ADMINISTRATIVE FEE IS NOT A GOVERNMENTAL FEE^ I NS U r+A N C E UNLESS A CHARGE IS INCLUDED IN TENS ORDER FOR PUBLIC LIABILITY OR PROPERTY DAMAGE INSURANCE,PAYMENT FOR SUCH COVERAGE IS NOT i PROVIDED BY THIS ORDER. 5U9JECr TO ADJUSTMENT-FINAL F.E_T.MAY VARY. NOTICE.No person is required as a condition precedent to financing the purchase of on automobile that any insurance be negotiated or purchased ANY F E T.VARIANCE RESPONSIBILITY OF DEALER through a particular insurance agent or broker. NOTICE:THE FOLLOWING ARE IMPORTANT PROVISIONS OF THIS ORDER THIS ORDER CANCELS AND SUPEiCEDES ANY PRIOR AGREEMENTS AND,AS OF THE DATE Ctmtomer's Signature [Yale HEREOF, COMPRISES HE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS OF THE AGREEMENT BETWEEN THE PARTIES. I F IDN ANTREPRESENTATS,SPEC* gN ICATSOROTHERAGREEMENTSARERELE OFFER RECEIVED BY:DUPONBY SALES REPRESENTATIVE DehM CUSTOMER,THEY MUST BE IN WRITING G AND SPECIFICALLY K"TF AND REFERENCED N THIS ORDER;OTHERWISE,THEY WLL NOT BE BINDING ON OR ENFORCEABLE AGAINST DEALER. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES, OFFER ACCEPTED BY- ALrTHORIZEDR€PRE SENTATIVE Dolls I TC S-i24 -a -- - - - - - - -- -- t Rush Truck Center,Whittier 2450 Kella Avenue Whittier.CA 90601 Retail Sales Order TERMS AND CONDITIONS 1.Parties to Oder,Definitions As used in this Retell Sales Ober('Order).the terms.(a)'Dealer shall mean the Rush Dealer identified at the top of the first page of this Order.(b) -C Lamer'shall mean the Customer Identified on the first page of this Order:(c)•ManufacLxer(s)'shal mean the amity or entities that manufactured the Product(s),it being understood by :CwA mer char Dealer is in no respect the agent of Manufacturer(s).and(d)'Pfoduct(s)' shag mean the new and/or used vaNde or other components.accessories or products.which are being ;purchs> d by Customer,as set foM in this Order. 2.WARRANTY DISCLAIMERS AND LIMITATIONS NEW PRODUCTS-MANUFACTURER WARRANTIES ONLY Any warranties on any new Product(s)add under this Order are limited only to any printed Mpnrdamrers'warranties gdrvened to Customer with the Product(s) EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS,THE PRODUCT(S)ARE SOLD WITHOUT ANY OTHER WARRANTIES. ;EXPRE 5 S OR IMPLIED.INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EACH OF WHICH IS EXPRESSLY DISCLAIMED LRUSED PRODUCTS. Any used Product(s) sold under this Order are soli on an*AS IS,WHERE IS'basis,without any wananties by Dealer EXCEPT FOR ANY MANUFACTURERS' LxAtiTIE5 THAT MAY STILL BE IN EFFECT,ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR IA PARTICULAR PURPOSE.ARE EXPRESSLY DI SCLAJMED If the Product(s)are told by Dealer as Certified Pre-Owned the warranty of mercihantabiily is not disclaimed LIMITED WARRANTY ON SERVICES. Dealer warrants Met all services performed by Dealer for Customer in conjuncbon with the safe of the Product(s),inducting it applicable installation.. i uprilling and conversion services CServices'),will be performed in a good and workmanlike manner(-Services Warranty). The Services Warranty is valid for a period of ninety(90)days from the dam the Product(s)is delivered to Customer. Customers ads and exclusive remedy,and Dealer's entire liability,under the Services Warranty is the repair of any nonconforming portion of the Sarvices. DEALER PROVIDES NO OTHER WARRANTIES.EXPRESS OR IMPLIED,CONCERNING ITS SERVICES The Services Warranty is strictly limited to Servioes performed by Dealer Customer Dealer does not warrant any services provided by any third-party including but not limited to installation upfithrig or conversion Services.Any warranties are solely those that are provides by the third-party service Provider_ NO OTHER WARRANTIES. EXCEPT ASSET FORTH ABOVE,DEALER EXPRESSLY DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED. 3 Reappraisal of Tradsan Vehicle.If the motor vehicle which ties been traded in('Trade-in Vehicle-)as a part of the consideration for the Product(s)ordered hereunder is not to be delivered to Dealer ixhtil delivery to Customer of the Product(s).the Trade-In Vehicle shag be reappraised at that time and such reappra sad value shall determine the allowance made for the Trado-in Vehide If the reappraised value is lower than the original allowance shown on the front of this Order.Customer may if dissatisfied,cancel this Order. 4.Delivery of Trade4n Vehicle by Customer;Customer Warranty of Title.Customer agrees to deliver to Dealer satisfactory evidence of title to the Trade-In Vehicle st the time of I 0 the Trade-In Vehicle to Dealer.Customer warrants the Trade-In Vehide to be Customers property free and dear of al liens and encumbrances 5 Delay or Failure In Delivery-,Limitation of Dealer Liability.Dealer shall not be fable for failure to delver or delay in delivering any Product(s)covered by this Order where such failure or iWolay is due.in whole or in part,to any cause beyond the reasonable control,or is without the gross negligence or intentional misconduct,of Dealer. Examples of causes beyond Dealers remomble conuol include,but are not limited to,Manufacturers'delay or failure to deliver Product(s)for any reason earthquake,hurricane or other natural disaster,fire,war,terrorist art,labor e strike,etc B Liability for Taxes.The price for the Product(s)specified on the face of this Order includes reimbursement to Dealer for federal excise taxes paid.but does not include sales or use fazes air occupational taxes based an sales volume(federal.state of local)unless expressly so stated.Customer assumes and agrees to pay.unless prohibited by law,arty such sales or use or atignhaf taxes imposed on or applicable to the transaction covered by this Order.regardless of which party may have primary tax liability thereof. 7 Customer's Deposit Any Customers deposit,whether cash air Trade-In Vehide,shall not be refunded except due to Dealers failure to deliver the Producgs) a Risk of Loss;Insurance. Customer shall assume all risk of loss relating to the Product(s)at the time Customer receives possession of the Product(s),or at the time Customer receives to the Product(s)if Irde is conveyed before Customer receives possession. Customer shop obtain insurance for the Product(s)diet will be in affecl at the time Customer takes possession of Product(s),or at the time Customer receives title to the Product(s)if title is conveyed before the Customer receives possession. Dealer shall have no responsibility ar liability related to the :IrMLP%sj alter Customer receives either possession or title to the Product(&) 9,Governing Law;Venue;Time to Commence Action.Except to the extent that the laws of the United States may apply or otherwise control this Order,the rights and obligations of the Nknift hereunder shall be governed by,and oonstrued and interpreted in accordance with.the laws of the state in which Dealer is located,without regard to conflict of law principles. The rmirxWtpy vemue for any claim,litigation.civil action or ashy other legal or administratve proceeding(Action)involving any controversy or claim between or among the parties to this Order.is state in which Dealer is located. Customer has one(1)year from the accrual of any cause of action arising from the purchase d the Product(s)to oortenence an Acton against Dealer. 10 Limitation of Damages.Customer agrees that in the event of any Action brought by Customer against Dealer.Customer shall not be entitled to recover any incidental or consequential Idsi%WWt as defined in the Uniform Commercial Code including but not limited to indirect or special damages.loss of income or anticipated profits,or dawn-time,or arty punitive damages. 11.Fes and Expenses of Actions. In any Arum,whether initiated by Dealer or Customer.where the Customer has a right,pursuant to statute.common law or otherwise.to recover masana6le attomeys'fees and costs in the event it prevals,Customer agrees that Dealer shall have the same right to recover reasonable attorneys'fees and costs insured in connection with Um Action in the event that Dealer prevails. 12.Eiteeutlon and Delivery by Ele tronlc Transntls ilon.N this Order or any document executed in connection with this Order his delivered by facish.la.emill or amlar inslarterisous siaurcnic transmission device pursuant to which the signature 0 or on behalf of sucti party can be seen.such execution and delivery shall be considered valid,binding and effective for all pwp;i&"as an onginal document.Additionally.the signature of arty party on this Order transmitted by way of a facsimile machine or email shall be considered for all purposes as an original sigriswre Any such taxed or emeled document shall be considered to have the same binding legal effect as an onginsi document At the request of Dealer,any taxied or amaied document shall bar re-executed by Customer in an original form. 13.WSWar,Severabltity.No waiver of any term of this Order shall be valid unless it is in writing and signed by Dealers autloftecl representative. It any provision or part of arty provision or via Order shall be deemed to violate arry applicable law or regulation.such invalid provision or part of a provision shall be intspplicable.BUT the remanng part of to provision and the romisir-der of the Order shall continue to be binding and enforceable. 14.California Air Resources Board Disclosure.An on.-road heavy-duty diesel or altemetive-diesel vehicle operated in California may be subject to the California Air Resources Board Regulmon to Reduce Particulate Matter and Criteria Pollutant Ernxssions from In-Use Heavy-Duty Diesel Vehicles It therefore could be subject to exhaust retrofit or acceleraled turnover reworementg to reduce amisalons of air pollutants_ Customer agrees to hold Rush Tmdt Comm of CaifGmis.Inc,and any of its affiliates harmless for any repairs and/or modifications which may have to be made to the above referenced verprAs to bring it into compliance with pending CARS or other governmental regulations which are enacted after the date of purchase.Customer also agrees to hold Rush Truitt Centers of a6forridk Inc.and any of its alliiates harmless for losses or damages which agents,employees,subsidanes,entities,heirs.and assigns may incur or suffer as the result of any pending "mrs Air Reaoumas Board(GARB)regulations or similar regulations which may be pending or enacted by other states or the federal governzrtent 15 No Broker,Manufacturer Incentives.if at any time Dealer determines that the Customer intends to engage in the resale of vehicles for prorr4 where such resale is not in conjunction with larthier maiwiarninng.Dealer reserves the right to cancel this Order Certain manufacturer incentives are intended to be used for retail customers at the location as identified by the Customer in this COW Customer represents that they will register the vehicle with their state motor vehicle department and are not purchasing this vehicle with the intent to resWexport the vehicle,except where tasch resale sin conjunction with further manulactunng list any bme Dealer determnes that the(oregano representations are not true,Dealer has the right to seek repayment of any manufacturer 111081111h*&that are paid 16.Communication Consent Dealer and any other owner or servieer of this aunt may use any irtformabon Customer gives Dealer,including but not limited to email dresses.eel phone numbers.and landline numbers,to contact Customer for purposes related to this account,including debt collection and marketing purposes In addition, CANOMW expressly consents to any such contact being made by the most efficient technology available,including but not limited to,automated dialing equipment,automated and prerecorded messages,even if Customer is charged for the oontact i Customer Initial RTC St2O CA•1114 -- — - - -- — - -- _ Rev 10113 Rush Privacy Policy For Nonpublic Personal information Dhdosed in Connection with the Provision of Financial Products or Services FACTS WHAT DOES RUSH TRUCK CENTERS DO WITH YOUR PERSONAL INFORMATION? WHY? Financial companies choose how they share your personal information.Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect,share,and protect your personal information.Please read this notice carefully to ufi MMand what we do- What? The types of personal information we collect and share depend on the product or service you have with us.This information can include: • Social Security number and income • Account balances and payment history • Credit history and employment information When you afe rip Oanger our customer,we cpnbn,Jtr to share your information as pescribed in this notice. ow? All financial companies need to share customers'personal information to run their everyday business.In the section below,we list the reasons financial companies Can share their Customers'personal information;the reasons Rush Truck Centers chooses to share;and whether you can L n limit this sharin . Reasons we can share your personal information Does Rush Truck Centers share? Can you limit this sharing? For our everyday business purposes- Such as to process your transactions,maintain your account(s),respond to court orders and legal Yes Investigations.or report to credit bureaus For our marketing purposes- Yes No To offer our Products and services to you For joint marketing with other financial companies Yes Nc For our affiliates'everyday business purposes- Yes No Information about your transactions and experiences For our affiliates'everyday business purposes- I vo we don't share Information about your creditworthiness For our affiliates to market to you vo we don't share For nonaffiliates to market to you ro we don't share Questions? Calf?$301 62&5249 Who we are Who is providing this notice? Rush Enterprises,Inc.and its wholly owned subsidiaries. See"Other important information"below for a listing of companies. What we do How does Rush Truck Centers To protect your personal information from unauthorized access and use,we use security measures that comply with federal protect my personal information? law.These measures indude computer safeguards and secured Files and buildings. How does Rush Truck Centers collect We collect your personal information,for example,when you my personal Information? ■apply for financing ■give us your income information or provide employment information ■provide account information or give us your contact information We also collect your personal information from others,such as credit bureaus,affiliates,or other companies. Why can't I Omit all sharing? Federal law gives you the right to limit only •sharing for affiliates'everyday business purposes-information about your creditworthiness ■affiliates from using your information to market to you ■sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. Definitions Affiliates Companies related by common ownership or control.They can be financial and nonfinancial companies. Nonaffiliates Companies not related by common ownership or control.They can be financial and nonfinancial companies. Rush does not share with nonaffiliates so they can market to you. Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you. ■ Includes lenders,finance companies and financial service providers Other IR5 ortani information - • This notice is made by Rush Enterprises,Inc.and its wholly owned subsidiaries in the Rush Truck Centers'family of companies:Rush Administrative Services,Inc., Rush Truck Centers of Alabama,Inc., Rush Truck Centers of Arizona,Inc.,Rush Truck Centers of California,Inc., Rush Truck Centers of Colorado,Inc., Rush Truck Centers of Florida,Inc., Rush Truck Centers of Georgia,Inc., Rush Truck Centers of Idaho,Inc., Rush Truck Centers of New Mexico,inc., Rush Truck Centers of North Carolina,Inc., Rush Truck Centers of Ohio,Inc., Rush Truck Centers of Oklahoma,Inc., Rush Truck Centers of Oregon,Inc., Rush Truck Centers of Tennessee,Inc., Rush Truck Centers of Texas.LP and Rush Truck Centers of Utah,Inc., Rush Truck Centers of Virginia,Inc. 0 ThisPriwatrppliy oesnatappry[a nfprmdUoobtdnediranon-hnanaa -ran�acnrsn. Flat Cwxmsim manapmwt.5a ch pie l of l Fleet n la"gem"t ..�,t C,,coomm„oOMPTWr%NSIL tea" CONTAM so �.. a►r+uf�ora�► �r�wf wrr 7ft! we rrPE •• %xm%.v ft am voo=U L Mt- AF $a Knorr SrAx mm nm cm SUP Pu ow QIPQ ALL as,► YWAI a aao arc iu�af►a a�rna rtcw xa w 4m Epp M 1tr IM W PW 1bMAW4=&VWW-M an a" &ISOti QUM ?44080 eA A= FUSM CIS U4 !Dww W m% CM VVWWJA �p y1Qrf8 anion low � X2W=409UMMQS as=.S OWM fatal lM ht"://www.fleea mcmions.deale=nnec-tion.com/r)eWcr/scr_local OnAP 9/15/2016 Rush Truck Center,Whittier 2450 Kella Avenue .13�UG�(CEIYTE�tI Mittier,CA 90601 Retail Sales Order ...hr�k�r_ of 5ziSORWR Dare Please enter my order for the fdlowing. C rtY of Vernon New 0 F.E T.Applicable Cusrrxnrra Nwrs ❑Used ❑F.E.T.Exempt 4305 Santa Fe Ave Vernon CA 90058 Make Ford Senes F-250 seleel Gry Stare Zip Year 2016 Body Type Service Bodyll-adtler Rack — — (a" 5rorm (323)$2!r 1437 — Feral T�,D s madness Pnom cro, Color While Trim XL SupercablGas lAulo Trans Sam d — Purzn er s warm Slim*R To be delivered on or about 9t22I2016 Shear OK Ijbw rLP Royal Service Botly wrth Ladder Rack . - F@&ralT3},D y,svessPhone Fm Randall Zuniga ey sajm� Truck Will be Triled in Ce.,nry. Saes Price 36.750 00 Oats at Oren Factory Paid F.E.T. o.00 Lien Hauer F E.T. Tre Credit 000 Total Factory Paid F.E.T- 0.00 Optional Extended Wafrantim 6-OD — — U_b-Total 36.750 00 Dealer Paid F.E.T. ' 0.00 Draft Through Locar Taxes 3.337.20 Vehlde License,Transfer,Title, R"Wration Fee 0 00 Electronic Vehicle ReglstratH:in or 29.00 Transfer Charge(not a governmental fee) (paid t4 Motor Vehicka SOftwwo Corp.) Total Used Vehlde PJlowance' 9.00 Tire Recycling Fee 8.75 Less TataI Balance Ovled 0.00 Document Processing Charge $0.00 Total Net Allowance on Used Vehlde(s) 0.00 Administrative Fee" 250.00 Deposit or Credit Balance 0.00 Total Cash Delivered Price 40,454.95 Cash wai Order 0.00 Total Town PSyment 0.00 coo Unpaid Cash Balance Due on Delivery 40.454 95 'See Trade-in details on page 4 A DOCUMENT PROCESSING CHARGE IS NOT A GOVERNMENTAL FEL A Customer,by the execution of this Order,offers to purchase the Product(s) � DOCUMENT PROCESSING CHARGE IS NOT REQUIRED BY LAW,BUT MAY BE described above upon the Terms and Conditions contained herein.Customer CHAAGED TO CUSTOMERS FOR HANDLING DOCUMENTS RELAT,NG TO THE SALE acknowledges that Customer has read the Terms and Conditions of this Order on A DOCUMENT PROCESSING CHARGE MAY NOT EXCEED SN.06-THIS NOTICE IS Page 2 and has received a true copy of this Order and the Terms and Conditions. REDU INED eT LAW. THE ADMINISTRATIVE FEE IS NOT A GOVERNMENTAL FEE" IN$VRA NGE UNLESS A CHARGE IS INCLUDED IN THIS ORDER FOR PUBLIC UiABILITY OR PROPERTY DAMAGE INSURANCE,PAYMENT FOR SUCH COVERAGE 13 NOT PROVIDED BY THIS ORDER. 'SUBIEGT TO ADJUSTMENT-FINAL F E.T.MAY VARY NOTICE.No person le required as a condition Precedent to financing the purchase of an automobile that any insurance be negotiated or purchased ANY F.E T.VARIANCE RESPONSIBILITY OF DEALER through a particular insurance agent or broker. NOTICE:THE FOLLOWNG ARE IMPORTANT PROVISIONS OF THIS ORDER THIS ORDER CANCEL?AND SUPERCEDES ANY PRIOR AGREEMENTS AND,AS OF THE DATE Customer's Slgnatura Dab HEREOF, COMPRISES HE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS OF THE AGREEMENT BETWEEN THE PARTIES. IF ANY REPRESENTATIONS SPECIFICATIONSOR OTHER AGREEMENTS ARE RELIED UPON By OFFER RECEIVED BY: CUSTOMER THEY MUST BE N WRITING AND SPECIFICALLY DFJV,r- AND REFERENCED SALES REPRESENTATIVE Dale N THIS ORDER;OTHERWISE.THEY WILL NOT BE BINDING ON OR ENFORCEABLE AGAINST DEALER. OFFER ACCEPTED BY: THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. AUTHORIZEDREPRE IENTATTVE Dims 1 Rush Truck Center,Whittier 2450 Kella Avenue Whittier,CA 9W01 Retail Sales Order TERMS AND CONDITIONS 1.Parties to Order,Definitions_As used in Its Relad Sales Order('Order'),the terms (a)'Dealer'shad mean the Rush Dealer identified at the top of the first page of this Order,(b) 'Cuat,3"r shad mean the Customer identified on the first page of this Order.(c)'Manutachrrer(s)'shall mean the entity or entities that manufactured the Product(s),it being understood by that Dealer is in no respect the agent of Manufacturer(s):and(d)'Product(s)' shad mean the new and/or used vehicle or other components.accessories or products vrinch are being pwrichisaind by Customer,as set forth in Its Order. 2.WARRANTY DISCLAIMERS AND LIMITATIONS 1 NEW PRODUCTS-MANUFACTURER WARRANTIES ONLY Any warranties on"new Product(s)sod under this Order we dmiled only to any Printed Manfactuars'warranties L to Customerwith the Product(s) EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS.THE PRODUCTS)ARE SOLD WITHOUT ANY OTHER WARRANTIES S OR IMPLIED.INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EACH OF WHICH IS EXPRESSLY DISCLAIMED. ED PRODUCTS. Any used Product(s) sold under this Order are sdtl on an*AS IS,WHERE iS'basis,without any warranties by Dealer_EXCEPT FOR ANY MANUFACTURERS' TIES THAT MAY STILL BE IN EFFECT,ALL OTHER WARRANTIES.EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.ARE EXPRESSLY DISCLAIMED If the Product(s)are sold by Dealer as'Certified Pre-Owned',the warranty of merchantability is not disdakned LIMITED WARRANTY ON SERVICES. Dealer warrants that ell services performed by Dearer for Customer in conjunction with the sale of the Product(s),inducing if applicable installation, Mlitiing and conversion services('Services'),will be performed in a good and workmanlike merrier(-Services Warranty-). The Services Warranty is valid for a period of ninety(90)days hum the i UN the Product(s)is delivered to Customer Customer's sole and exclusive remedy,and Dealer's entire liability.under the Services Warranty Is the repair of any oonconlarming portion of the DEALER PROVIDES NO OTHER WARRANTIES.EXPRESS OR IMPLIED,CONCERNING ITS SERVICES. The Services Warranty is strictly limited to Services performed by Dealer lar Customer. Dealer does not warrant any services provided by any thmfd-party,including but not limited to Installabon upliitting or conversion services Arty warranties are solely those that are by the ahird-poly Service provider NO OTHER WARRANTIES. EXCEPT ASSET FORTH ABOVE,DEALER EXPRESSLY DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED. 3,Reappraisal of Tradean VMicla.If the motor vehicle which has been traded in('Trade-in Vehicle')as a part of the eonamderation for the Product(&)ordered hereunder is not to be j fib Dealer mid delivery to Customer of the Product(s),the Trade-in Vehicle shad be reappraised at that time and such reappraised value shall determine the allowance made for the Vehicle.If the reappraised value is lower than the original allowance shown on the front of this Order.Customer may,if dissatisfied,cancel this Order. 4.Delivery of Trade-in Vehicle by Customer;Customer Warranty of Title.Customer agrees to deliver to Deafer satisfactory evidence of tree to the Trade-In Vehicle at the time of or the Trade-in Vehicle to Dealer Customer warrants the Trede-ln Vehicle to be Customers property free and dear of all Ilan and encumbrances. 5 Delay or Failure in Delivery,Llmftatlon of Dealer Liability.Deafer shad not be liable for failure to deliver or delay in delivering any Product(s)covered by this Order where such failure or ■y Is due,in whale or in part,to any cause beyond the reasonable contrtrol,or Is without the gross negligence a intentional misconduct,of Dealer Examples of causes beyond Dealers reasonable wrilrci include,but are not limited to,Manufacturers'delay or failure to deliver Product(s)for any reason,earthquake,humcane or other natural disaster.fire,war,terrorist ad,labor dispute strike,etc T� 6 Liability for Taxes.The price for the Product(s)spedfied on the face of this Order includes reimbursement to Dealer for federal excise taxes pad.but does not include sales or use taxes Smr occupational taxes based on sales volume(federal,state or local)unless expressly so stated.Customer assumes and agrees to pay,unless prohibited by law,any such sales or use or , taxes imposed on or applicable to the transaction covered by this Order regardless of which party may have primary tax liebnity thereof. 7.Customers DepostL Any Customers deposit,whether cash or Tradean Vehicle,shad not be refunded except due t0 Deelers failure to deliver the Product(s). 8 Risk of Loss;Insurance. Customer shad assume at risk ol loss relating to the Product(s)at the time Customer receives possession of fie Producgs),or at the time Customer receives Fahbr-W the Product(s)if title Is conveyed before Customer receives possession. Customer shag obtain insurance for the Product(s)that wit be in ailed at the time Customer tames possession of 'the Product(s).oral the time Customer receives tie to the Product(e)t title is conveyed before the Customer receives possession Deafer shall have no responsibility or Yatift related to the .Prmdua;s,after Customer receives sow possession or We to the Product(s) 9 Governing Lary;Venue;Time to Commence Acton.Except to the extent Mal the laws of the United Slates may apply or otherwise control this Order,time rights and obligations of the pantin hereunder shall be governed by,and construed and interpreted In accordance with,the laws of the state in vetch Dealer Is located,without regard to coo. ct of law principles. The rI1aftoDry venue for any claim,litigation,civil action or any other legal or adrirnistrstive proceeding(-Action')involving any controversy or daim between or among the parties to this Order,is stale in which Dealer is located Customer has one(1)year from the accrual of any cause of action arising from the purchase of the Product(s)to commence an Action against Dealer 10.Limitation of Damages.Customer agrees that In the event of any Action brought by Customer against Dealer.Customer shad not be entitled to recover any incidental or consequential ages as defined in the Urlform Commercial Code including but not united to indirect or special damages,loss of income or anticipated profits,or downtime,or any punitive damages 11.Fees and Expenses of Actions. In any Acton.whether initiated by Dealer or Customer.where the Customer has a right.pursuant to statute.common law or otherwise.to recover tmonabae attorneys'fees and costs in the evern it prevails,Customer agrees that Dealer shall have the same right to recover reasonable attorneys'fees and costs incurred in connectiortwith the Action in the event that Dealer prevails. 12.Execution and Delivery by Ek c&odc Transi nisaloiL t this Order or arty document exmuted in conineceon wiltf l his Order is dedva by farsWAo.ommd or sinAw wwWtKo o A i �transmission device pursuant to which the signature of or on behaltof such parry can be seen,such execution and delivery shad be considered valid,binding and effective for all as an original document.Additionally.the signature of arty party on this Order transmitted by way of a facsimile machine or email shall be considered for of purposes as an original scgnmiyr. Any such taxed or emaled document shall be considered to have me same binding legal effect as an original document.At the request of Dealer,arty Taxed or emahed document shall Ib.re-exixullad by Customer in an original form. 13.Waiver,Severablllity.No waiver of ary term of this Order shag be valid unless it is in writing and signed by Dealers authorized representative. V any provision or part of arty provision of this Order shad be deemed Io vidals airy applicable few or regulation,such invalid provision or part of a provision shall be inapplicable,BUT the remaining pat of thab provision and the remmkiJar of the Order shah continue to be binding and eMorreabie, tor.California Air Resources Board Disclosure.An on-road heavy-duty diesel or alternamv"esel vehicle operated In Caldomia may be subject to the California Air Resources Board Regilaeon to Reduce Particulate Matter and Cnleria Pollutant Emissions from InrUse Heavy Duty Diesel Vehicles.It t hitrefore could be subject to exhaust retrofit or accelerated turn-over roquirame tz to reduce emissions of air pollutants. Customer agrees to hold Rush Tnx*Centers of California,Inc.and any of its affiliates harmless for any repairs and/or modrlications wtaCh may have to be made to the above referenced ii, ode Ic bring it into compliance with pendung CARB or other governmental regulations which are enacted alter the date of purchase.Customer also agrees to hold Rush Truck Centers of California Inc.and any of its affiliates harmless for losses or damages which agents.employees,subsidiaries.entities.heirs.and assigns may incur or suffer as the result of any pending iCahlui nor Air Resources Board(CARE)regulations or similar regulations which may be pending or enacted by other states or the federal government. I&No Broker,Manufacturer Incentives.If at any time Dealer determines that the Customer intends to engage in the resale of vehicles for profit.where such resale Is not in conjunction with ilur71a'manufacturing.Dealer reserves the right to cancel this Order Certain manufacturer incentives are intended to be used for retail cvslexnas at the iocation as identified by the Customer in this $Order' Customer represents that they will register the vetmde with their state motor vehicle department and are not purchasing Ova vehicle with the intent to reself/export the vehicle except where such resale is in conjunction with further manufacturing If at any time Dealer determines that the foregoing representation&am not true.Dealer has Me right IO seek repayment of any manufacturer incentives that are paid i 16 Connwnication Consent. Dealer and any other owner or servioer of this account may use any irttarmition Customer gives Dealer,including but not limited to email addresses ced phone numbers,and landline numbers.to Contact Customer for purposes related to this account,including debt cdletmon and marketing purposes. In addition, C ustcene r expressly consents to any such contact bang made by the most efficient techrhology available,including but not limited to,automated dialing equipment automated rrieaaagea and prerecorded messages,even if Customer Is charged for the contact Customer Initial friC S-120 GA-t/te - - - - - Rev 10113 Rush Privacy Policy For Nonpublic Personal Information Disclosed in Connection with the Provision of Financial Products or Services FACTS WHAT DOES RUSH TRUCK CENTERS DO WITH YOUR PERSONAL INFORMATION? LWHY? Financial companies choose how they share your personal information.Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect,share,and protect your personal information.Please read this notice carefully to U nper5tanci*hat we 00. WhaO The types of personal information we collect and share depend on the product Or service you have with us.This information can include: • Social Security number and income • Account balances and payment history • Credit history and employment information When you are no lonaer our customer,we continue to share your information as described in this norire. How? All financial companies need to share Customers personal information to run their everyday business.In the section below,we list the reasons Financial companies can share their Customers'personal information;the reasons Rush Truck Centers chooses to share;and whether you can limit this shwin , Reasons we can share your personal information Does Rush Truck Centers share? Can you limit this sharing? For our everyday business purposes- Such as to process your transactions,maintain your account(s),respond to court orders and legal Yes No Investigations,or report to credit bureaus For our marketing purposes- Yes No To offer our products and services to you For' int marketin&with other financial companies Yes No For our affiliates'everyday business purposes Yes No information about your transactions and experiences For our affiliates'everyday business purposes- J No we don't snare I nformation about your creditworthiness For our affiliates to market to you No we don't share For nonaffiliates to market to you w•door share Questions? Call(830)626-5249 who we are Who is providing this notice? Rush Enterprises,Inc.and its wholly owned subsidiaries. See'Other important information"below for a listing of companies. What we do How does Rush Truck Centers To protect your personal information from unauthorized access and use,we use security measures that comply with federal protect my personal information? law.These measures include computer safeguards and secured files and buildings. Now does Rush Truck Centers collect We collect your personal information,for example,when you my personal information? ■apply for financing •give us your income information or provide employment information •provide account information or give us your contact information We also collect your personal information from others,such as credit bureaus,affiliates,or other companies. why can't I limit all sharing? Federal law gives you the right to limit only •sharing for affiliates'everyday business purposes-information about your creditworthiness ■affiliates from using your information to market to you ■sharing for nonaffillates to market to you State laws and individual companies may give you additional rights to limit sharing. Definitions Affiliates Companies related by common ownership or control.They can be financial and nonfinancial companies. Nonaffiliates Companies not related by common ownership or control.They can be financial and nonfinancial companies. Rush does not share with nonaffiliatesso they can market to you. Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you. ■ Includes lenders,finance companies and financial service providers Other irn ortanl Informahm • This notice is made by Rush Enterprises,Inc and its wholly owned subsidiaries in the Rush Truck Centers'family of companies:Rush Administrative Services,Inc., Rush Truck Centers of Alabama,Inc., Rush Truck Centers of Arizona,Inc.,Rush Truck Centers of California,Inc., Rush Truck Centers of Colorado,Inc., Rush Truck Centers of Florida,Inc., Rush Truck Centers of Georgia,Inc., Rush Truck Centers of Idaho,Inc., Rush Truck Centers of New Mexico,Inc., Rush Truck Centers of North Carolina,Inc„ Rush Truck Centers of Ohio,Inc., Rush Truck Centers of Oklahoma,Inc., Rush Truck Centers of Oregon,Inc., Rush Truck Centers of Tennessee,Inc., Rush Truck Centers of Texas,LP and Rush Truck Centers of Utah,Inc., Rush Truck Centers of Virginia,Inc. This Privacy Policy does not apply to information obtained in a non-financial transaction. Fleet Concession A magement :Search Page I of 1 welwmp 499* Fleet Concession Management NOP4 CONUSMN TUYORTAL CONCESSION LOO[UP-nnaJIAL CQNTIIcr1two CONCESSION LCOKUP wNCE551ON REQUEST ENTRY Cdw-IMONjmquEST em%gEw/FDr'C CONTACT US FLEET CONCESSION MANAGEMENT:SEARCH ►SelwFed: ICA-CAUFORNIA 'v i waftl year frvw . ►Yehk2c sz-FAFRKS so i eeay ryna: XZ6-FMD 4X2 SIJPEACA9 Pit sF v ►GPC TYPE: .AO �all�eh �"04JR SEAF�:44:N7J-EMA:STAM CA ORfdU4.lS} ft YzAR.RIM VENICLE 22-F-&ER➢A 5486OY"C55:Atik-r?.W&j SUF9R0A 0OU skoxS GPC:M-L STATE VERJCLE BODY GPCS PRICE LEVEL REF DATE REFS FIN GPC TYPE EXPIRATION CA 22f4;ERPESSo �� SIIPERGtE 7600 GAO 9J9i2DIB 32616G Ri991 NIA PU SKW CA 22-FSEMES SD 924-n5002 SUPERCAS 10144 BIS BJarAi5 1§LS6{; F%Wbmc k 3MM16 PU SKIM CA 22-F.SERIES SO PU SRW50 4X2 SJPERCAS 9979 613 4M&-b16- OG04G Pq;yw do =1/269' CA 22-FrSEF3ES SD X2A:F2 02 SUPERCAB PU SRW O4 G0 BOO 2f9r2015 02146p LeLawNJA CA 22fSER1E9SO � JJIJPEILCJ6 GOOK Sao- 2A=t5 O16Jw Lam* WA hops://v ww.feO-Wonccssiotis.dealercoi2nectiomcci /Dtater/scr localcoArctssio.n.asp 9/15/2016 RECEIVED 4, RRIF EE9VED SEP 13 2016s � 3 e 2016 '�G��YBLT INOv� CITY CLERK'S OFFICE CITY ADMINISTRATION STAFF REPORT Cf q,t oo�I �a PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: September 20,2016 TO: Honorable Mayor and City Council ` FROM: Derek Wieske,Director of Public Works, Water and Development Service6z Originator: Lissette Melendez,Associate Engineerok— RE: Contract Award for City Contract No. CS-0671: Fire Department Regional Training Center,Phase 2 Recommendation A. Find that approval of the contract award for the Fire Department Regional Training Center Phase 2 is consistent with the Initial Study and Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (CEQA) in accordance with Section 15063, which requires the lead agency to conduct an initial study to determine if the project may have a significant effect on the environment; and B. Accept the bid proposal from FS Contractors, Inc. as the lowest responsive and responsible bidder and reject all other bids; and C. Approve and authorize the Mayor to execute a contract in the amount of$290,797.50 for the Fire Department Regional Training Center,Phase 2(City Contract No. CS-0671); and D. Authorize a contingency of$39,000 in the event of an unexpected changed condition in the project and grant authority to the City Administrator to issue change orders for an amount up to the contingency amount. Background The project consists of the construction and operation of a regional training center for the Vernon Fire Department located in the currently vacant parcel located behind Fire Station No. 1 at 3375 Fruitland Avenue. When completed, the facility will offer training opportunities for fire departments throughout the Los Angeles County region. The Vernon Fire Department estimates that five to six fire engines will transport trainees per day to the facility from distances ranging between two miles and approximately thirty miles for approximately six training sessions per day. The training center will provide a cost savings as well as operational impact to the City's Fire Department by allowing annual training and recruit to be done in-house therefore reducing in-training over-time costs and keeping resources in the City. On April 21, 2015, the City Council awarded a contract to Kirila Fire Training Facilities, Inc. for the construction of the training facility. The facility is assembled into a three-story structure constructed of thirteen metal freight cargo containers. These containers were modified according to the Fire Department's specifications at the manufacturer's facility and shipped to the site for assembly. The training facility was constructed in accordance with National Fire Protection Association (NFPA) 1402 standards for building fire service training centers. Construction for the preparation of the site was divided into two construction phases in order to minimize the fiscal impact. Phase 1, included rough site grading, construction of concrete foundation for the facility and all required utilities for the installation of the training facility structure. Phase lof the project has been completed and acceptance of the work is scheduled for City Council approval on September 20, 2016. The second phase would include the precise site grading, storm drain improvements for Storm Water Runoff Quality Control and concrete improvements on the rest of the site. Bid Results Fire Department Regional Training Center, Phase 2(Contract No. CS-0671)consists of precise site grading, excavation, earthwork, construction of concrete pathway, curb &gutter, installation of gravel, installation of a storm drain infiltration system and minor landscape and irrigation adjacent to the city-owned apartments on 50`" Street. On August 11, 2016, the City Administrator authorized the advertisement of the Notice Inviting Sealed, Competitive Bids for the construction of the second phase of the project. The Notice Inviting Bids was posted on the City's website and published in the Vernon Sun newspaper and was also advertised in the following construction related websites: Bid America, eBidboard Construction Contract Advertising. The Public Works, Water & Development Services Department has utilized the template Notice Inviting Bids, Bid Form and Project Specifications, Instructions to Bidders and Specifications and Contract approved by City Council on May 3, 2015 under the Competitive Bidding and Purchasing Ordinance, Article IV of Chapter 2, Section 2.17.34. The bids for Fire Department Regional Training Center, Phase 2 (Contract No. CS-0671), were received and opened on September 1, 2016. The calculated results were as follows: Bidder Total Bid 1. Hoffman Management &Construction Corp. $482,306.90 2. Nobest, Inc. $437,000.00 3. AVA Builders, Inc. $359,422.71 4. FS Construction, Inc. $290,797.50 Staff has analyzed the bids and is now recommending that a construction contract be awarded to FS Construction, Inc. in the amount of$290,797.50.The proposed contract has been reviewed and approved as to form by the City Attorney's Office. Staff is also recommending to reject all other bids. Additionally, staff recommends the authorization of a$39,000 contingency in the event of unexpected changed conditions in the project. Fiscal Impact There are sufficient funds budgeted by the Fire Department to award the recommended construction contract and the recommended contingency amount for this project. Attachment(s) 1. Contract Agreement No. CS-0671 Page 2 of 2 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 FS Contractors, Inc. (hereinafter "Contractor"), for construction of FIRE DEPARTMENT REGIONAL TRAINING CENTER, PHASE 2,CONTRACT NO.CS-0671. THE PARTIES HERETO AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS The"Contract Documents"except for modifications issued after execution of this Agreement,shall consist of the following documents which are either attached hereto as exhibits or are incorporated into this Agreement by this reference,with the same force and effect as if set forth at length herein: A. Governmental Approvals including, but not limited to, permits required for the Work; B. This Agreement; inclusive of Exhibit A(General Conditions), Exhibit B(Special Provisions), Exhibit C(Living Wage Provisions), Exhibit D(Equal Employment Opportunity Practices Provisions), Exhibit E(City Standard Plans), and all Attachments and Sub-Exhibits thereto; C. Exhibit 1 —Performance Bond; D. Exhibit 2—Payment Bond; E. Exhibit 3—Maintenance Bond F. Exhibit 4—Insurance Requirements ; G. Notice Inviting Bids; H. Instructions to Bidders; I. Bid Forms; J. Designation of Subcontractors;and K. Bidding Addenda Nos. 1 2. REFERENCE DOCUMENTS The following Reference Documents are not considered Contract Documents and were provided to the Contractor for informational purposes. Contractor may rely upon the technical data contained in such STANDARD CONTRACT FORM 1 documents but not upon non-technical data, interpretations, opinions or provisional statements contained therein: A. Geotechnical Report dated May 8, 2015 3. SCOPE OF WORK Within the Contract Time and for the stated Contract Sum, subject to adjustments thereto, and pursuant to the Contract Documents, the Contractor shall perform and provide all necessary: labor; services; supervision; materials; tools; equipment; apparatus; facilities; supplies; tools; permits, inspections, plan checks, and similar Governmental Approvals; temporary utilities; utility connections; and transportation necessary to complete the Work in strict conformity with the Contract Documents for: Fire Department Regional Training Center, Phase 2 Contract No. CS-0671 4. TIME FOR PERFORMANCE Contract Time. Contractor shall achieve Substantial Completion of the Work within 45 calendar days from the Date of Commencement established in City's written Notice to Proceed ("Contract Time"), subject to adjustment in accordance with the Contract Documents. Contractor shall achieve Final Completion of the Work, within the time established by the Certificate of Substantial Completion issued by the City. The Contract Time may only be adjusted as permitted by this Construction Contract and the General Conditions. Time is of the essence of this Agreement. Except when the Contract Documents state otherwise, time is of the essence in the performance of the Work. Contractor acknowledges that the time limits and deadlines set forth in the Contract Documents are reasonable for Contractor to perform and complete the Work. Liquidated Damages. If Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time for Substantial Completion, Contractor shall pay City as liquidated damages the amount of one thousand five hundred dollars ($1,500.00) per day for each calendar day occurring after the expiration of the Contract Time for Substantial Completion until Contractor achieves Substantial Completion of the entire Work,as required by Article 3 of the General Conditions of Contract. STANDARD CONTRACT FORM 2 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 two hundred and ninety thousand, seven hundred and ninety-seven dollars and fifty cents($290,797.50), payable as set forth in the General Conditions("Contract Sum"). IN WITNESS WHEREOF,the parties have caused this Contract to be executed the date and year first above written. Executed at California. [Contractor's Corporate Seal] [Contractor]: By: An Authorized Signatory Printed Name: Title: Date: CITY OF VERNON: APPROVED AS TO FORM: By: By: Name: Name: Title: Title: Date: ATTEST: By: Name: Title: CONTRACTOR'S SIGNATURE MUST BE NOTARIZED STANDARD CONTRACT FORM 3 EXHIBIT A GENERAL CONDITIONS ARTICLE 1 - PRELIMINARY PROVISIONS 1.01 DEFINITIONS The following words shall have the following meanings: A. Allowance. A line item cost estimate established by the City to be carried in the Base Bid sum, Contract Sum, and Schedule of Values for Payment for a particular item of Work, which cannot be sufficiently defined so as to allow the Contractor to adequately determine fair value before the Bid Deadline. Allowances include estimated amounts established by the City for certain construction elements that have not yet been fully designed or authorized for inclusion in the Work or to permit deferred approval or selection of actual materials and equipment to a later date when additional information is available for evaluation. B. As-Builts. The documents prepared by Contractor showing the condition of the Work as actually built, including, without limitation, all changes and the exact locations of all mechanical, electrical, plumbing, HVAC or other portions of the Work that are shown diagrammatically in the Contract Documents. C. Base Bid. The total sum stated in the Bid Form for which the Bidder offers to perform Work described in the Contract Documents as the base Contract Work(e.g. not designated as part of a Bid 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). ARTICLE 1 GC-2 Q. Contractor. The individual, partnership, firm, corporation, joint venture or other legal entity with whom the Contract is made by City, or the agent or legal representative who may be appointed to represent such individual, partnership, firm, corporation, joint venture or other legal entity in the execution of the Contract as general contractor for construction of the Work. 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 Public Works,Water and Development Services 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. Governmental Approvals and Utility Fees as required by any agency to be paid by the City of Vernon. HH. Section Intentionally Omitted II. Project. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the City or by separate contractors. JJ. Project Manual/Contract Package. The volumes of Contract Documents and reference documents assembled for the Work made available to Bidders. KK. Record Documents. The Drawings, Specifications, addenda, requests for information, bulletins, Change Orders and other modifications to the Contract Documents, approved shop drawings, product data, samples, mock-ups, permits, inspection reports, test results, daily logs, schedules, subcontracts, and purchase orders. Records Documents shall include a set of"As-Built" Drawings and Specifications,which shall be continuously updated during the prosecution of the Work. LL. Site. The physical area designated in the Contract Documents for Contractor's performance of the Work. MM, Specifications. The Specifications are the volume(s) assembled for the Work that includes, without limitation, the Bidding Documents, the Construction Contract and Exhibits, the General Conditions, Supplementary and/or Special Conditions, if any, the "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2012 Edition), the Standard Plans for Public Works Construction (2009 Edition), State of California, Department of Transportation Standard Plans and Standard Specifications (2010 Edition), and the City of Vernon Standard Plans. NN. Specifications. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards, and workmanship for the Work and performance of related services, including, but not limited to, the Project Technical Specifications, Standard Specifications, if any, and any applicable Trade Association Specifications. 00. Substantial Completion. Substantial Completion is defined to mean the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents as determined by the City so that the City can occupy and utilize the Work for its intended use and as further defined in the Contract Documents. PP. Unilateral Change Order. See"Work Directive." ARTICLE 1 GC-4 QQ. Utility Fees. The fees charged by any public, private,cooperative, municipal and/or government line, facility or system used for the carriage, transmission and/or distribution of cable television, electric power, telephone, water, gas, oil, petroleum, steam, chemicals, sewage, storm water or similar commodity including,but not limited to fees for temporary utilities and refuse hauling. RR. Warranty. Assurance to City by contractor, installer, supplier, manufacturer or other party responsible as warrantor, for the quantity, quality, performance and other representations of a product,system service of the Work. SS. Work. The term "Work" means the construction and other services required by, and reasonably inferable from the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations.The Work may constitute the whole or a part of the Project. TT. Work Directive. A Work Directive is a unilateral written order issued by the City directing Contractor to continue performance of the Work or to perform a disputed change in the Work prior to agreement or adjustment, if any, in the Contract Sum, Contract Time,or both. 1.02 REPRESENTATIVES A. The Director shall be the representative of the City and, except as otherwise expressly provided herein,shall make all decisions and interpretations to be made by the City under the provisions of the Contract Documents. B. The Contractor shall at all times be represented on the Work in person or by a duly designated agent. Instructions and information given by the Director to the Contractor's agent on the Work shall be considered as having been given to the Contractor. 1.03 PERMITS, INSPECTIONS, PLAN CHECKS AND SIMILAR GOVERNMENTAL APPROVALS AND UTILITIES A. City of Vernon shall obtain all Governmental Approvals and Utility Fees required for the construction of the project. B. Contractor shall obtain a no-fee encroachment permit from the City of Vernon's Public Work, Water and Development Services Department. C. All documents evidencing Contractor's satisfaction with all Governmental Approvals and Utility Fees must be submitted to the City prior to submission of the Application for Final Payment. D. Where requirements of the Governmental Approvals differ from those of the Drawings and Specifications,the more stringent requirements shall apply. 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. ARTICLE 1 GC-5 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 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. ARTICLE 1 GC-6 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) 3. The Contract, including all exhibits, attachments, appendices and Addenda, with later Addenda having precedence over earlier Addenda a. Special Conditions, if any 5. General Conditions ARTICLE 1 GC-7 6. Specifications 7. Drawings 8. Bidding Requirements B. With reference to the Drawings,the order of precedence is as follows: 1. Change Order Drawings 2. Addenda Drawings 3. Contract Drawings 4. Project Drawings 5. Standard Drawings 6. Detail Drawings 7. General Drawings 8. Figures 9. Scaled dimensions C. Within the Specifications,the order of precedence is as follows: 1. Change Orders 2. Special Conditions 3. Project Technical Specifications 4. Standard Specifications, if any 5. Applicable Trade Association Specifications 1.11 NOTICE OF CONFLICTS If the Contractor, in the course of the Work, becomes aware of any claimed conflicts, errors or omissions in the Contract Documents or in the City's fieldwork or work of City's separate contractors,the Contractor shall immediately notify the Director in writing. The Director shall promptly review the matter, and if the Director finds a conflict, error or omission, the Director shall determine the corrective actions and advise the Contractor accordingly. If the correction associated with a conflict,error or omission increases or decreases the amount of Work called for in the Contract, the City shall issue an appropriate Change Order in accordance with the Contract Documents. After discovery of an error or omission by the Contractor, any related additional work performed by the Contractor shall be done at the Contractor's risk unless authorized by the Director. ARTICLE 1 GC-8 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. 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. ARTICLE 1 GC-9 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 Public Works,Water&Development Services Department 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Derek Wieske, P.E. ARTICLE 2 GC-12 Phone: (323)583-8811 Ext. 245 Facsimile: (323) 826-1435 E-mail: dwieske@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. ARTICLE 2 GC-16 4. If such applicable law requirement was not in effect on the date of submission of bids, any necessary adjustment of the Contract price shall be made as provided in Article 6 herein. If such applicable law requirement was in effect on said date of bid submission, no adjustment of Contract price will be considered. 5. The Contractor, at his/her own expense, shall pay all taxes properly assessed against his/her equipment, materials,or property used or required in connection with the Work. 2.15 WARRANTY AND CORRECTIONS A. Warranty 1. Warranty, The Contractor warrants to the City that; (i) materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents; (ii)the Work will be of good quality and free from defects; (iii)the Work will conform to the requirements of the Contract Documents; and (iv) Contractor will 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. ARTICLE 2 GC-17 2. After Final Completion. (a) In addition to the Contractor's warranty obligations under Paragraph 2.15-A, if, within one (1) year after the date of Final Completion of the Work or within the time period established by any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall commence correction or replacement of such Work within forty-eight(48) hours after receipt of written notice from the City to do so. The Contractor shall perform such corrective work without charge or cost to the City after Final Completion of the Work. The City shall give such notice promptly after discovery of the condition. (b) If the Contractor fails to commence correction or replacement of non-conforming Work within forty-eight (48) hours after receipt of written notice, the City will proceed to have defects repaired or replaced at the expense of the Contractor and its Performance Bond surety, plus fifteen percent (15%) for the City's overhead and administrative expense. The City may charge such costs against any payment due Contractor. If, in the opinion of the City,defective work creates a dangerous or hazardous condition or requires immediate correction or attention to 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. ARTICLE 2 GC-18 2.16 CLEANING AND ENVIRONMENTAL CONTROLS The Contractor, Subcontractors and employees shall comply with all litter and pollution laws and it shall be the responsibility of the Contractor to ensure compliance,The Contractor shall do all of the following: A. Maintain the Site free of waste materials, debris, and rubbish and in a clean and orderly condition; and Remove waste materials,debris and rubbish from site and dispose off-site legally. B. The Contractor shall maintain at his/her disposal any and all equipment necessary to prevent and remediate any sanitary sewer overflow arising out of the Work. The Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles, as directed by the Director, to maintain the affected areas in a condition of cleanliness acceptable to the City at all locations affected by the Contractor's operations. For purposes of this Paragraph, the affected areas include the project Site as well as all haul routes to and from the project Site and all areas of construction and restoration which have not been completed. C. The Contractor shall take appropriate action to ensure that no dust originates from the project Site. D. Any equipment or vehicles driven and/or operated within or adjacent to a street gutter, storm drain, runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that if introduced to water could be deleterious to aquatic life. E. No debris,soil,silt,sand, bark,trash,sawdust, rubbish,cement or concrete or washings thereof,oil or petroleum products or other organic or earthen material from any construction, or associated activity or whatever nature shall be allowed to enter into or placed where same may be washed by rainfall or runoff into waters of the State. When operations are completed, any excess materials or debris shall be removed from the Work area. 2.17 WATER POLLUTION CONTROL A. The Contractor shall 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 General BMPs Spill Prevention and Control Sanitary/Septic Waste Management ARTICLE 2 GC-19 Material Use Safer Alternative Products Vehicle/Equipment Cleaning, Fueling and Maintenance Illicit Connection Detection,Reporting and Removal Illegal Spill Discharge Control Maintenance Facility Housekeeping Practices Asphalt Cement Crack and Joint Grinding/Sealing Asphalt Paving Flexible Pavement 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 ARTICLE 2 GC-20 Bridge Repairs Pump Station Cleaning therStructures Tube and Tunnel Maintenance and Repair Tow Truck Operations Toll Booth Lane Scrubbing Operations Electrical Sawcutting for Loop Installation Thermoplastic Striping and Marking Paint Striping and Marking rafficGuidance Raised/ Recessed Pavement Marker Application and Removal Sign Repair and Maintenance Median Barrier and Guard Rail Repair Emergency Vehicle Energy Attenuation Repair Storm Maintenance Minor Slides and Slipouts Cleanup/Repair Building and Grounds Maintenance Storage of Hazardous Materials(Working Stock) Material Storage Control (Hazardous Waste) Management and Support Outdoor Storage of Raw Materials Vehicle and Equipment Fueling Vehicle and Equipment Cleaning Vehicle and Equipment Maintenance and Repair Aboveground and Underground Tank Leak and Spill Control B. Water Quality Protection Requirements for Construction Projects with Less than One (1) Acre of Disturbed Soil. All construction projects, regardless of size, will be required to implement best management practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) to meet the minimum water quality protection requirements and implement all applicable set of BMPs as defined in Table 2-2. ARTICLE 2 GC-21 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 Control 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 Waste Management 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 Control implementing an effective combination of BMPs,such as the limiting of grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. Please refer to the California Stormwater Quality Association's Construction Handbook(available on their website: www.cabmchandbooks.com)for further information regarding the BMPs listed in Table 2-2. All construction projects with Less than One(1)Acre of Disturbed Soil shall submit to the City a signed Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit (Exhibit 5). The Contractor may self-certify that the following training was completed on an annual basis providing they certify they have received all applicable training: • The Contractor shall train all of their employees in targeted positions(whose interactions, jobs, and activities affect stormwater quality)on the requirements of the overall stormwater management program. • When the Work includes the use or have the potential to use pesticides or fertilizers,the Contractor shall train all of their employees(whether or not they normally apply pesticides or fertilizers as part of their work). Training programs shall address: 1) The potential for pesticide-related surface water toxicity 2) Proper use, handling, and disposal of pesticides 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 & 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). ARTICLE 2 GC-22 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) (hUp://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.isp). PRDs consist of the Notice of Intent, Risk Assessment, Post-Construction Calculations, a Site Map, the Storm Water Pollution Prevention Plan(SWPPP), a signed certification statement by the Legally Responsible Person (LRP), and the first annual fee. See: http://www.swrcb.ca.gov/water issues/programs/stormwaterlconstruction.shtmi for more information. A Waste Discharger Identification (WDID) will be emailed to the LRP after the PRDs have been submitted and are deemed complete. Construction activities cannot begin until a WDID is issued by the State Water Resources Control Board. Contractor shall bear the costs of any delays to the Project caused by a delay in obtaining its WDID. The SWPPP shall include: 1. The name, location, period of construction, and a brief description of the project; 2. Contact information for the owner and contractor; 3. The building permit number for the project; 4. The grading permit number for the project(where applicable); 5. A list of major construction materials,wastes, and activities at the project site; 6. A list of best management practices to be used to control pollutant discharges from major construction materials, wastes, and activities; 7. A site plan (construction plans may be used) indicating the selection of BMPs and their location where appropriate; 8. Non-storm water discharges, their locations, and the BMPs necessary to prevent the discharge; 9. A maintenance and self-inspection schedule of the BMPs to determine the effectiveness and necessary repairs of the BMPs; and 10. A certification statement that all required and selected BMPs will be effectively implemented. Within seven(7)days after the City awards the Contract,the Contractor shall submit seven 7 copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the plan. If revisions are required, the Contractor shall revise and re-submit the document within seven (7) days of its receipt of the City's comments. The City shall then have seven (7) days to consider the revisions made by the Contractor and approve the SWPPP. The Contractor shall maintain a minimum of two (2) readily accessible copies of the SWPPP at the Project site. The SWPPP shall be made available upon request of a representative of the Los Angeles Regional Water Quality Control Board (LARWQCB) or the U.S. Environmental Protection 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, ARTICLE 2 GC-23 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 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. ARTICLE 2 GC-24 G. Sewage Spill Telephone Notification Should a sewage spill occur, the Contractor shall immediately report the incident to either one of these two City Departments: Sewer Maintenance Services City of Vernon Control Center(323)826-1461 Fire Department Dispatch Center 911 The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone numbers of City representatives such as Project Managers and Inspectors. However, if these City representatives are not available,then the Contractor shall immediately call: Vince Rodriquez, Public Works Project Coordinator (323)855-2292 H. Sewage Spill Written Notification The Contractor shall prepare and submit a written report to the Director within three (3) Working Days from the occurrence of a spill to the City. This report shall describe all of the following: 1. The exact location on the Thomas Guide map 2. The nature and volume 3. The date,time and duration 4. The cause 5. The type of remedial and/or cleanup measures taken and date and time implemented 6. The corrective and preventive action taken, and 7. The water body impacted and results of necessary monitoring I. Enforcement The City is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and private citizens. The Contractor shall indemnify, defend and hold City, its officers, agents and employees harmless from Contractor's failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17. Contractor shall be responsible for all costs and liabilities imposed by law as result of Contractor's failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17. The costs and liabilities include, but are not limited to fines, penalties and damages whether assessed against the City or the Contractor. 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 ARTICLE 2 GC-25 SWPPP. The Contractor shall identify corrective actions and time frames in order to properly address any damaged measure,or reinitiate any BMPs that have been discontinued. If the City identifies a deficiency in the deployment or functioning of identified control measures,the deficiency shall be corrected by the Contractor immediately or by a later date and time if agreed to by Director and if requested in writing, but not later than the onset of the subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. K. Payment All costs involved in the implementation of the SWPPP, including furnishing all labor, materials, tools,equipment and all incidentals;and for doing all the work involved in installing,constructing, maintaining, removing, and disposing of control measures, except those that were installed as a part of another structure, shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefor. 2.18 SOLID WASTE DISPOSAL AND DIVERSION The Contractor shall submit to the Director the following summary of solid waste generated by the Work, disposed in Class III landfills, or diverted from disposal through recycling. Report disposal in inert fill separately. This form must be accompanied by legible copies of weight tickets, receipts, or invoices that specifically identify the project generating the material. Said documents must be from recyclers and/or disposal site operators that are acceptable to the Director, Further, the documents must be submitted to the Director with each application for progress payment. Failure to submit the form and its supporting documentation will render the application for progress payment incomplete and delay progress payments. SUMMARY OF SOLID WASTE DISPOSAL AND DIVERSION Project Title: Specification No. Type of Material (a) (b) (c) (d) Disposed in Class III Landfills Diverted from Class III [Leave This Column Blank] Disposed in Inert Fills Landfills by Recycling Tons/CY Tons/CY Tons/CY Tons/CY Asphalt Concrete Metal Other Segregated Materials (Describe): Miscellaneous Construction Waste Total Form to be submitted to the City SIGNATURE: TITLE: ARTICLE 2 GC-26 DATE: 2.19 RECYCLED,REUSABLE AND RECYCLABLE PRODUCTS The Contractor is encouraged to propose recycled, reusable and recyclable products for use by the City. Those items should be clearly identified. The City may require further information or documentation to ascertain the suitability/appropriateness of a proposed product. [END OF ARTICLE] ARTICLE 2 GC-27 ARTICLE 3 -TIME OF COMMENCEMENT AND COMPLETION 3.01 COMMENCEMENT,PROSECUTION,AND COMPLETION OF WORK A. Notice to Proceed The Contractor is not authorized to perform any Work the Contract Documents until he/she has received from the City an official notification to commence Work. The date on which the notification is received by the Contractor is herein referred to as the Notice to Proceed. The Contractor shall commence Work on the Date of Commencement established in the Notice to Proceed is issued. The Notice to Proceed shall be issued after the Contract is properly executed, bonds are furnished and approved, and insurance has been submitted and approved. B. Prosecution of the Work Work shall be continued at all times with such force and equipment as will be sufficient to complete it within the specified time. The Contractor expressly proposes that he/she has taken into consideration and made allowances for all ordinary delays and hindrances to the Work to be performed and that he/she will complete the Work within the specified time. C. Required Contract Completion Time is of the essence in the completion of this Contract. The Work shall be completed in its entirety and made ready for service within forty-five (45) calendar days following the Date of Commencement established in the Notice to Proceed ("Contract Time"). By executing the Contract, Contractor confirms that the Contract Time is a reasonable period for performing the Work. 3.02 CITY'S DISCRETION TO EXTEND CONTRACT TIME In the event the Work required hereunder is not satisfactorily completed in all parts and in compliance with the Contract Documents, City shall have the right, in its sole discretion,to increase the number of Working Days or not, as may seem best to serve the interest of City. A change order extending the Contract Time only will be issued by the City should the City decide to increase the number of Working Days. 3.03 SUBSTANTIAL COMPLETION A. Contractor Request for Inspection and Punch List When the Contractor considers that it has achieved Substantial Completion of the Work, or designated portion thereof, Contractor shall prepare and submit to the Director a request for inspection and a comprehensive punch list of items to be completed or corrected prior to Final Payment. Failure to include an item on such punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. B. City Inspection Upon receipt of the Contractor's punch list, the Director will make an inspection to determine whether the Work or designated portion thereof is Substantially Complete. If the inspection discloses any item, whether or not included on the Contractor's punch list, which is not sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the ARTICLE 3 GC-28 Work or designated portion thereof for its intended use,the Contractor shall, before City's issuance of the Certificate of Substantial Completion,complete or correct such item upon notification by City. The 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-29 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 ARTICLE 3 GC-30 will be entitled to a one day extension of time whether or not conditions change thereafter and the major portion of the day is suitable for Work. 3.06 COMPLETION AND ACCEPTANCE A. Upon request by the Contractor, the Director shall conduct a final inspection of the Work. If, in the Director's opinion, Final Completion has been achieved,the Director will accept the Work by issuing a "Notice of Completion"of the Work to the Contractor. Upon the issuance of the Notice of Completion the Contractor will be relieved from responsibility to protect the Work. B. Within 15 calendar days after issuing the Notice of Completion, the Director will record the Notice of Completion with the County Recorder. 3.07 LIQUIDATED DAMAGES A. Contractor and City agree to liquidate damages in the amount of one thousand and five hundred dollars($1,500) per day,with respect to Contractor's failure to achieve Substantial Completion of the Work within the Contract Time. The Parties intend for the liquidated damages set forth herein to apply to this Contract as set forth in Government Code Section 53069.85. The Contractor acknowledges and agrees that the liquidated damages are intended to compensate City solely for the Contractor's failure to meet the deadline for Substantial Completion and shall not excuse Contractor from liability from any other breach, including any failure of the Work to conform to the requirements of the Contract Documents. B. In the event that Contractor fails to achieve Substantial Completion of the Work within the Contract Time, Contractor agrees to pay City the amount specified in the Contract form for each calendar day that Substantial Completion is delayed. C. Contractor and City acknowledge and agree that the foregoing liquidated damages have been set based on an evaluation of damages that the City will incur in the event of late completion of the Work. Contractor and City acknowledge and agree that the amount of such damages are impossible to ascertain as of the effective date hereof and have agreed to such liquidated damages to fix City's damages and to avoid later disputes. It is understood and agreed by Contractor that liquidated damages payable pursuant to this Agreement are not a penalty and that such amount are not manifestly unreasonable under the circumstances existing as of the effective date of this Agreement. D. It is further mutually agreed that City shall have the right to deduct liquidated damages against progress payments or retainage and that the City will issue a Construction Change Directive and reduce the Contract Sum accordingly. In the event the remaining unpaid Contract Sum is insufficient to cover the full amount of liquidated damages. Contractor shall pay the difference to City. [END OF ARTICLE] ARTICLE 3 GC-31 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 ARTICLE 4 GC-32 available to either party or both parties as needed. Once identified, Contractor shall monitor, account for,and maintain float in accordance with Critical Path Methodology. 2. Delays of any non-critical Work shall not be the basis for an extension of Contract Time until the delays consume all float associated with that non-critical Work activity and cause the Work activity to become critical. 3. It is acknowledged that City-caused time savings (i.e., critical path submittal reviews returned in less time than allowed by the Contract Documents, approval of substitution requests which result in a savings of time for Contractor, etc.) create shared float. Accordingly, City-caused delays may be offset by City-caused time savings. C. Early Completion While the Contractor may schedule completion of the Project earlier than the date established by the Contract Documents, no additional compensation shall become due the Contractor for the use of float time between the Contractor's projected early completion date and the date for Substantial Completion established by the Contract Documents, unless an earlier(advanced)time of completion is requested by Contractor,agreed to by the City,and formalized by Change Order. 4.02 SCHEDULE UPDATES A. With each Application for Payment submitted by Contractor (other than the final Application for Payment),the Contractor shall submit to the City an updated Project Schedule revised to indicate the Work completed, status of Work in progress, all progress slippages, corrective actions taken, or slippage carry-over, for all anticipated delays or difficulties, and all other information required to accurately present the actual status of the progress of the Work as of the date of the Application for Payment. If the Contractor does not submit an updated Project Schedule with an Application for Payment, City may withhold payment, in whole or in part, until the updated Project Schedule is submitted. In the event that an update to the Project Schedule indicates a delay to the Contract Time the Contractor shall propose an affirmative plan to correct each such delay, including overtime and/or additional labor, if necessary. In no event shall any Project Schedule update constitute an adjustment in the Contract Time, any deadline, or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order or Work Directive. B. At no time shall historical data contained within the updated Project Schedule (i.e. completed activities)be removed and/or altered in any way. This historical data is to be preserved within each of the updated Project Schedules and submitted with the final schedule update to reflect the actual start and finish dates for each activity within the Schedule. C. Any work stoppages within individual work activities that exceed seven (7) calendar days in duration shall be clearly indicated within the updated Project Schedule. In cases where unplanned activity work stoppages exceed seven (7) calendar days activities shall be added to the Project Schedule to clearly indicate the work stoppage period and identify forecasted resumption and completion of the activity where work has stopped. Contractor shall clearly note all schedule revisions when Project Schedule updates are submitted,as required in this Paragraph 4.02 above. 4.03 NONCOMPENSABLE EXTRAORDINARY MEASURES A. Should the City determine, in its sole judgment,that the performance of the Work has not progressed to the level of completion required by the Contract Documents, City shall have the right to order the ARTICLE 4 GC-33 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-34 ARTICLE 5-SUSPENSION OR TERMINATION OF CONTRACT 5.01 TERMINATION BY THE CONTRACTOR A. Contractor shall have the right to terminate its performance of the Contract only upon the occurrence of one of the following: 1. The Work is stopped for a period of ninety (90) consecutive days through no act or fault of the Contractor, any Subcontractor, Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,due to: a. the issuance of an order of a court or other public authority having jurisdiction;or b. an act of government, such as a declaration of national emergency making material unavailable; and Contractor has given City written notice within ten (10) days of the occurrence of such ground for termination,then the Contractor may, upon thirty(30)additional calendar days written notice to City, unless the reason has theretofore been cured, terminate its performance of the Work. 2. The Work is stopped for a period of 120 consecutive days through no act or fault of Contractor, any Subcontractor, Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, because the City has persistently failed to perform any material obligation under the Contract Documents and fails to cure such default within ninety(90) days after the receipt of notice from Contractor stating the nature of such default. B. If Contractor terminates its performance of the Contract in accordance with this Paragraph 5.01, the City shall pay Contractor for the Work executed through the date of termination as set forth in Paragraph 5.04-C below. 5.02 TERMINATION BY THE CITY FOR CAUSE A. Grounds The City shall have the right to terminate the Contractor's performance of the Contract, in whole or in part,without liability to City if: 1. Contractor fails promptly to begin the Work under the Contract Documents;or 2. Contractor refuses or fails to supply enough properly skilled workers or proper materials;or 3. Contractor fails to perform the Work in accordance with the Contract Documents, including conforming to applicable standards set forth therein in constructing the Project, or refuses to remove and replace rejected materials or unacceptable Work;or 4. Contractor discontinues the prosecution of the Work (exclusive of work stoppage: (a) due to termination by City; or (b) due to and during the continuance of a Force Majeure event or suspension by City);or ARTICLE 5 GC-35 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-36 forth in Paragraph 5.04 and Contractors remedy for wrongful termination in such event shall be limited to the recovery of the payments permitted for termination for convenience as set forth in Paragraph 5.04. 5.03 PARTIAL DELETION OR SUSPENSION OF WORK BY THE CITY A. Contractor agrees that the City may determine whether any or all of the Work described in the Contract Documents shall be deleted or performance suspended without electing to terminate the Contractor's performance under the Contract and without any penalty being incurred by the City. B. Any such partial deletion or suspension of the Work shall in no way void or invalidate the Contract nor shall it provide Contractor with any basis for seeking payment from City for Work deleted or suspended except to the extent such Work has already been performed and is otherwise compensable under the Contract. C. The City shall have the right to later have any such suspended or deleted Work performed by Contractor or others without any penalty to the City. D. In the event of any partial or complete deletion or suspension of Work, the City shall furnish Contractor with prompt written notice thereof,and the City shall be entitled to take possession of and have as its property all Record Documents, Accounting Records, and other data prepared by Contractor or its Subcontractors. E. Suspension for Convenience. 1. The City may at any time and from time to time,without cause,order the Contractor, in writing,to suspend, delay, or interrupt the Work in whole or in part for such period of time as the City may determine. Such order shall be specifically identified as a "Work Suspension Directive" under this Section. 2. Upon receipt of a Work Suspension Directive, Contractor shall, at the 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. ARTICLE 5 GC-37 F. Suspensions for Cause City has the authority by written order to suspend the Work, in whole or in part, without liability to City for Contractor's failure to: 1. Correct conditions unsafe for the Project personnel or general public,or 2. Carry out the Contract;or 3. Carry out orders of City. G. Responsibilities of Contractor During Suspension Periods During periods that Work is suspended, Contractor shall continue to be responsible for the Work and shall prevent damage or injury to the Project, provide for drainage, and shall erect necessary temporary structures, signs or other facilities required to maintain the Project and continue to perform according to the Contract Documents. 5.04 TERMINATION BY THE CITY FOR CONVENIENCE A. Grounds Without limiting any rights which City may have by reason of any default by Contractor hereunder, City may terminate Contractor's performance of the Contract, in whole or in part, at any time, for convenience upon fifteen(15)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 ARTICLE 5 GC-38 ii. Storage, transportation, and other costs reasonably necessary for the preservation, protection,or disposition of inventory. 2. Such payment shall be Contractor's exclusive remedy for termination for convenience and will be due and payable on the same conditions as set forth for final payment to the extent applicable. Upon receipt of such payment, the Contractor and City shall have no further obligations to each other except for Contractor's obligations with respect to warranties, representations, indemnity, 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-39 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-40 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 GC-41 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 ARTICLE 6 GCA2 for all materials and for all equipment used the type of equipment, identification number, hours of operation (including loading and transportation) and hourly/daily rates involved for that day. C. Other Services or Expenditures. A list of other services and expenditures constituting Allowable Costs incurred in performance of the Extra Work on the day on which such Extra Work is performed, along with documentation verifying the amounts thereof in such detail as Director may require. 2. In the event that more than one change to the Work is performed by the Contractor in a calendar day, Contractor shall maintain separate records of labor, construction equipment, materials, and 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-43 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 ARTICLE 6 GC-44 Site at no expense to City. Costs incurred while equipment is inoperative due to breakdowns, regular maintenance, or for non-Working Days shall not be allowed. The rental time shall include the time required to move the equipment to the Work from the nearest available source for rental of such equipment and to return it to the source. If such equipment is not moved by its own power, then loading and transportation will be allowed. Neither moving time nor loading and transportation costs will be paid if the equipment is for use on the Project unrelated to the Extra Work. All equipment shall be acceptable to City, in good working condition, and suitable for the purpose for which it is to be used. 6. Royalties. Additional or saved costs of royalties due to the performance of the Extra Work or deleted work. 7. Insurance, Bonds. Additional or saved costs of insurance and bonds, provided, however, that for Extra Work such costs shall not exceed one percent(1%)of Items 1 through 6 above. D. Costs Not Allowed Allowable Costs shall not include any of the following: 1. Wages, salaries, fringe benefits and payroll taxes of Contractor's and all Subcontractor's non- craft labor(above a Foreman level); 2. Overhead (including home office overhead), administrative or general expenses of any kind including engineering, estimating, scheduling, drafting, detailing, etc., incurred in connection with Extra Work; 3. Vehicles not dedicated solely for the performance of the extra of deleted work; 4. Small tools(replacement value not exceeding $500); 5. Office expenses, including secretarial and administrative staff, materials and supplies; 6. On-site and off-site trailer and storage rental and expenses; 7. Site fencing; 8. Utilities, including gas,electric, sewer,water,telephone,telefax,copier equipment; 9. Computer and data processing personnel,equipment and software; 10. Federal, state of local business income and franchise taxes; 11. Losses of efficiency or productivity; and 12. Costs and expenses of any kind or item not specifically and expressly included in Paragraph 6.06-C. E. Allowable Mark•Up 1. Extra Work by contractor(Markup):The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: Labor 20% ARTICLE 6 GC-45 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 approved by the City shall be incorporated in a Change Order or Construction Change Directive. If the COR is denied but the Contractor believes that it does have merit, the Contractor shall proceed with the disputed Work and may submit a Claim in accordance with the procedures set forth herein. ARTICLE 6 GC-46 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-47 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 48 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-49 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 GC-50 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-B above of the following: 1. the portion of the Work permanently installed and in place; 2. plus,the value of materials delivered on the ground or in storage as approved by City pursuant to Paragraph 7.03-D, above, 3. less,the aggregate of previous payments, and 4. less,any other withholdings authorized by the Contract Documents. C. Rejection by City Any Application for Payment determined not to be undisputed, proper and suitable for payment shall be returned to Contractor as soon as practicable, but not later than seven (7) Days, after receipt by City accompanied by an written explanation of the reasons why the payment request was rejected. Failure by City or Director to either timely reject an Application for Payment or specify any grounds for rejection shall not constitute a waiver of any rights by City. Applications for Payment that are rejected shall be corrected and resubmitted within seven(7) Days after receipt by Contractor. D. Interest If City fails to make a progress payment to Contractor as required by Paragraph 7.04-B, above, City shall pay interest to Contractor equivalent to the legal rate set forth in subdivision (a) of California Code of Civil Procedure Section 685.010. The number of Days available to City to make payment pursuant to Paragraph 7.04-B,above without incurring interest pursuant to this Paragraph shall be reduced by the number of Days by which City exceeds the seven (7) Day return requirement applicable to City as set forth in Paragraph 7.04-C, above. 7.05 FINAL PAYMENT A. Retention In addition to withholdings permitted by Paragraph 7.09 below, a sum equal to five percent(5%) of all sums otherwise due to Contractor as progress payments shall be withheld by city pursuant to Paragraph 7.04-B from each progress payment ("Retention") and retained until such time as it is due as described herein. A higher Retention amount may be approved by the City Council where project is deemed "substantially complex"by City Council. ARTICLE 7 GC-51 B. Conditions to Final Payment Contractor shall submit its Application for Final Payment, using such forms as required by Director, prior to requesting a final inspection of the Work in accordance with Paragraph 3.06 above. Such Application for Final Payment shall be accompanied by all the following: 1. an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Project for which City or City's property or funds might be liable have been paid or otherwise satisfied; 2. Contractor's certification as required by Paragraph 7.03-C, above; 3. consent of surety, if any,to Final Payment; 4. a certificate evidencing that the insurance required by the Contract Documents is in force; 5. Conditional Waiver and Release Upon Final Payment in the form required by California Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all material suppliers of each,covering the final payment period; 6. Unconditional Waiver and Release Upon Progress Payment in the form required by California Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all material suppliers of each,covering the previous payment period; 7. all Record Documents (including, without limitation, complete and accurate As-Built drawings which shall be kept up to date during the performance of the Work); 8. documentation that Contractor has inspected, tested, and adjusted performance if every system or facility of the Work to ensure that overall performance is in compliance with the terms of the Contract Documents; 9. four(4) copies of all warranties from vendors and Subcontractors, operation and maintenance manuals, instructions and related agreements, and equipment certifications and similar documents; 10. certifications by Contractor and each Subcontractor as required by applicable collective bargaining agreements that all employee benefit contributions due and owing pursuant to any applicable collective bargaining agreement have been paid in full; 11. releases of rights and claims relating to patents and trademarks, as required by the Contract Documents; and 12. any other documents or information required by the Contract Documents as a condition of Final Payment or Final Completion. C. Final Payment Pursuant to the Public Contract Code Section 7107, within sixty (60) Days after City issues the Notice of Completion to Contractor, the Final Payment, including Retention, shall be released to Contractor, subject to the City's right to withhold 150%of any disputed amounts. ARTICLE 7 GC-52 D. Disputed Amounts Pursuant to California Public Contract Code 7107, City may deduct and withhold from the Final Payment due under Paragraph 7.05-C, above, an amount up to 150% of any disputed amounts, including, without limitation, amounts to protect City against any loss caused or threatened as a result of Contractor's failing to fully perform all of those obligations that are required to be fulfilled by Contractor as a condition to Final Completion and Final Payment. Alternatively, City may elect, in its sole discretion, to accept the Work without correction or completion and adjust the Contract Sum pursuant to the Contract Documents. E. Acceptance of Final Payment Acceptance of Final Payment by Contractor shall constitute a waiver of all rights by Contractor against City for recovery of any loss, excepting only those Claims that have been submitted by Contractor in the manner required by the Contract Documents prior to or at the time of the Final Payment. 7.06 MISCELLANEOUS A. Joint Payment City shall have the right, if deemed necessary in its sole discretion, to issue joint checks made payable to Contractor and any Subcontractor(s)of any Tier. The joint check payees shall be solely responsible for the allocation and disbursement of funds included as part of any such joint payment. Endorsement on such check by a payee shall be conclusively presumed to constitute receipt of payment by such payee. In no event shall any joint check payment be construed to create any contract between City and a Subcontractor of any Tier, any obligation from City to such Subcontractor or any third party rights against City or Director. B. Withholding/Duty to Proceed The payment, withholding or retention of all or any portion of any payment claimed to be due and owing to Contractor shall not operate in any way to relieve Contractor from its obligations under the Contract Documents. Contractor shall continue diligently to prosecute the Work without reference to the payment, withholding or retention of any payment. The partial payment, withholding or retention by City in good .faith of any disputed portion of a payment,whether ultimately determined to be correctly or incorrectly asserted, shall not constitute a breach by City of the Construction Contract and shall not be grounds for an adjustment of the Contract Sum or Contract Time. C. No Acceptance No payment by City or partial or entire use of the Work by City shall be construed as approval or acceptance of the Work,or any portion thereof. D. Contractor Payment Warranty Submission of an Application for Payment shall constitute a representation and warranty by Contractor that: 1. Title to Work covered by an Application for Payment will pass to City either by incorporation into the construction or upon receipt of payment by Contractor, whichever occurs first;and ARTICLE 7 GC-53 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-54 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-55 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-56 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-57 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-58 (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-59 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-60 ARTICLE 8- MATERIALS AND EQUIPMENT 8.01 GENERAL A. The Contractor shall furnish all materials and equipment needed to complete the Work and installations required under the terms of this Contract, except those materials and equipment specified to be furnished by the City. B. The Contractor shall submit satisfactory evidence that the materials and equipment to be furnished and used in the work are in compliance with the Specifications. Materials and equipment incorporated in the Work and not specifically covered in the Specifications shall be the best of their kind. Unless otherwise specified, all materials and equipment incorporated in the Work under the Contract shall be new. 8.02 QUALITY AND WORKMANSHIP All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best standard practices. All materials and equipment must be of the specified quality and equal to approved samples, if samples have been required. All Work shall be done and completed in a thorough, workmanlike manner, notwithstanding any omission from the Specifications or Drawings, and it shall be the duty of the Contractor to call attention to apparent errors or omissions and request instructions before proceeding with the Work. The Director may, by appropriate instructions, correct errors and supply omissions, which instructions shall be binding upon the Contractor as though contained in the original Specifications or Drawings. All Work performed under the Specifications will be inspected by the Director as provided in Paragraph 8.04. All materials and equipment furnished and all Work done must be satisfactory to the Director. Work, material, or equipment not in accordance with the Specifications, in the opinion of the Director shall be made to conform thereto. Unsatisfactory materials and equipment will be rejected, and if so ordered by the Director, shall, at the Contractor's expense, be immediately removed from the vicinity of the Work. 8.03 TRADE NAMES AND"OR APPROVED EQUAL"PROVISION Whenever in the Specifications or Drawings the name or brand of a manufactured article is used it is intended to indicate a measure of quality and utility or a standard. Except in those instances where the product is designated to match others in use on a particular improvement either completed or in the course of completion, the Contractor may substitute any other brand or manufacture of equal appearance, quality, and utility on approval of the Director, provided the use of such brand or manufacture involves no additional cost to the City. 8.04 APPROVAL OF MATERIALS A. The Contractor shall furnish without additional cost to the City such quantities of construction materials as may be required by the Director for test purposes. He/she shall place at the Director's disposal all available facilities for and cooperate with him in the sampling and testing of all materials and workmanship. The Contractor shall prepay all shipping charges on samples. No samples are to be submitted with the bids unless otherwise specified. B. Each sample submitted shall be labeled. A letter, in duplicate, submitting each shipment of samples shall be mailed to the Director by the Contractor. Both the label on the sample and the letter of transmittal shall indicate the material represented, its place of origin, the names of the producer and ARTICLE 8 GC-61 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 ARTICLE 8 GC-62 materials or supplies agreed to be furnished under this Contract, and should the Contractor, his/her agents, servants, or employees, or any of them, be enjoined from furnishing or using any invention, process, equipment, article, materials, supplies or appliance supplied or required to be supplied or used under this Contract, the Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all 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-63 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 GC-64 9.04 SHOP DRAWINGS A. All shop drawings shall be produced to a scale sufficiently large to show all pertinent features of the item and its method of connection to the Work. B. All shop drawing prints shall be made in blue or black line on white background. Reproductions of City/Contract Drawings are not acceptable. C. The overall dimensions of each drawing submitted to the Director shall be equal to one of the City's standard sheet sizes as listed below. The title block shall be located in the lower right hand corner of each drawing and shall be clear of all line Work,dimensions,details,and notes. Sheet Sizes Height X Width 11"X 81/2" 11"X 17" 24"X 36" 30"X 42" 9.05 COLORS Unless the precise color and pattern are specified elsewhere, submit accurate color charts and pattern charts to the Director for his/her review and selection whenever a choice of color or pattern is available in a 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 GC-65 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. ARTICLE 9 GC-66 E. For samples, indicate the source of the sample. 9.12 SCHEDULE OF SUBMITTALS A. Submit initial schedule of submittals within five(5)Working Days after the Issuance Date on Notice to Proceed. 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. ARTICLE 9 GC-67 C. If submittal is returned for correction, it will be marked to indicate what is unsatisfactory. D. Resubmit revised drawings or data as indicated, in five(5)copies. E. Approval of each submittal by the Director will be general only and shall not be construed as: 1. Permitting any departures from the Specifications requirements. 2. Relieving the Contractor of the responsibility for any errors and omissions in details, dimensions, or of other nature that may exist. 3. Approving departures from additional details or instructions previously furnished by the Director. 9.16 CHANGES TO APPROVED SUBMITTALS A. A re-submittal is required for any proposed change to an approved submittal. Changes which require re-submittal include, but are not necessarily limited to, drawing revisions, changes in materials and equipment, installation procedures and test data. All re-submittals shall include an explanation of the necessity for the change. B. Minor corrections to an approved submittal may be accomplished by submitting a"Corrected Copy". [END OF ARTICLE] ARTICLE 9 GC-68 ARTICLE 10—SAFETY 10.01 PROTECTION OF PERSONS AND PROPERTY A. Contractor's Responsibility: Notwithstanding any other provision of the Contract Documents, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property, during performance of the Work. This requirement will apply continuously and will not be limited to normal working hours. Safety and sanitary provisions shall conform to all applicable Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of these are in conflict,the more stringent requirement shall be followed. B. Sanitary Facilities. The Contractor shall furnish and maintain sanitary facilities by the worksites for the entire construction period, C. Protection of the Public. The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Director, a condition exists which the Contractor has not taken sufficient precaution of public safety, protection of utilities and/or protection of adjacent structures or property, the Director will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the Director,or in the event of an emergency situation,the Director may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the Director, may seem reasonable and necessary. The cost and expense of all repairs(including labor and materials) as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor. 10.02 PROTECTION FROM HAZARDS A. Trench Excavation Excavation for any trench four (4) feet or more in depth shall not begin until the Contractor has received approval from the Director of the Contractor's detailed plan for worker protection from the hazards of caving ground during the excavation of such trench. Such plan shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during such excavation. No such plan shall allow the use of shoring, sloping or protective system less effective than that required by the Construction Safety Orders of the Division of Occupational Safety and Health, and if such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil or Structural Director in the State of California. B. Confined Spaces Contractor shall comply with all of the provisions of General Industry Safety Orders of the California Code of Regulations. Entry of a confined space shall not be allowed until the Contractor has received approval from the Director of the Contractor's program for confined space entry. Confined space means a space that (1) Is large enough and so configured that an employee can bodily enter and perform assigned Work; and (2) Has limited or restricted means for entry or exit(for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and (3) Is not designed for continuous employee occupancy. Failure to submit a confined ARTICLE 10 GC-69 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 II,or Class III disposal site in accordance with provisions of existing law. 2. Subsurface or latent physical conditions at the site differing materially from those indicated in these Contract Documents. 3. Unknown physical conditions at the site, of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in these Contract Documents. B. Notice by Contractor. If the Contractor encounters conditions it believes constitute Differing Site Conditions, then notice of such conditions shall, before such conditions are disturbed, be promptly reported to the Director followed within twenty-four (24) hours by a further written notice stating a detailed description of the conditions encountered. C. The Director will promptly investigate the conditions and If he/she finds that such conditions do materially differ, or do involve hazardous waste, and do cause an increase or decrease in the Contractor's cost of,or time required for, performance of any part of the Work under this Contract, an equitable adjustment will be made,as determined by the Director. D. Change Order Request. If Contractor intends to seek an adjustment to the Contract Sum or Contract Time based upon Differing Site Conditions, it must, within ten (10) Days after the Discovery Date relative to such conditions, submit a Change Order Request setting forth a detailed cost breakdown and Time Impact Analysis, in the form required by Article 6 of these General Conditions, of the additional Allowable Costs and Excusable Delay resulting from such Differing Site Conditions. ARTICLE 10 GC-70 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 GC-71 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 at the address below: Police Chief Daniel Calleros Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 Notification shall be sent at least two(2)weeks prior to the beginning of construction at any particular location. Notification will include the specific location, project dates, what lanes of the roadway will be closed and when. Also the construction project manager's name and business phone number and the construction inspector's name and business phone number. B. The Contractor shall notify, by telephone,the Police Department, (323)587-5171 at the completion of any posting of temporary no parking signs. Notification will include the times, dates and locations of the posting. When vehicles must be towed for violation of temporary no parking signs, the person who actually posted the signs, or on-view supervisor of that posting, will be present to answer pertinent questions that may be asked by the parking enforcement officer or police officer towing the vehicles. C. The Contractor shall notify the Vernon Fire Department, on a daily basis during the entire period that construction is in progress whenever roadways are reduced in width or blocked. Notification shall be made to the Fire Dispatch(323)583-4821 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. ARTICLE 10 GC-72 E. Where alternating one-way traffic has been authorized, the maximum time that traffic will be delayed shall be posted at each end of the one-way traffic section. The maximum delay time shall be approved by the agency having jurisdiction. F. Contractor shall install temporary traffic markings where required to direct the flow of traffic and shall maintain the traffic markings for the duration of need. Contractor shall remove the markings by abrasive blasting when no longer required. G. Convenient access to driveways and buildings in the vicinity of Work shall be maintained as much as possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and kept in good condition. H. When leaving a Work area and entering a roadway carrying public traffic,the Contractor's equipment, whether empty or loaded,shall in all cases yield to public traffic. 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-73 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 ARTICLE 11 GC-74 obligations under this Article are in addition to any other rights or remedies which the Indemnitees may have under the law or under the Contract Documents. In the event of any claim, suit or demand made against any Indemnitees,the 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-75 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-76 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"Y attached hereto. 13.02 POWER OF ATTORNEY All bonds shall be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety shall be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. 13.03 APPROVED SURETY All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of "A: VII", or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in 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-77 Contract may be suspended and the materials may be purchased or the Work completed as provided in Article 5 herein. 13.06 WAIVER OF MODIFICATIONS AND ALTERATIONS No modifications or alterations made in the Work to be performed under the Contract or the time of performance shall operate to release any surety from liability on any bond or bonds required to be given herein. Notice of such events shall be waived by the surety. 13.07 APPROVAL OF BONDS The Contract will not be executed by City nor the Notice to Proceed issued until the required bonds have been received and approved by City. City's decision as to the acceptability of all sureties and bonds is final. No substitution of the form of the documents will be permitted without the prior written consent of City. [END OF ARTICLE] ARTICLE 13 GC-78 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. ARTICLE 14 GC-79 4. In the event City deems Contractor is in violation of this Paragraph 14.03,the Contractor shall, as a penalty,forfeit Fifty Dollars($50.00)for each worker employed in the execution of the Contract by the Contractor or by any Subcontractor for each calendar day for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. For each subsequent violation, a (one hundred dollar) $100 penalty shall apply for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to cover underpaid wages.This subparagraph is effective to the extent it does not directly conflict with the overtime penalty provision of California Labor Code Section 558. In the event of such conflict, the California Labor Code governs over this Paragraph 14.03(A)(4). 14.04 WAGE RATES A. Prevailing Wages 1. Contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime Work in the locality in which the Work is to be performed, for each craft, classification, or type of worker needed to execute the Contract. The Director of the Department of Industrial Relations of the State of California (pursuant to California Labor Code)and the United States Secretary of Labor(pursuant to the Davis-Bacon Act) have determined the general prevailing rates of wages in the locality in which the Work is to be performed. The rates are available online at v&.cagov/QLSR1PM. 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. . 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 ARTICLE 14 GC-80 classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the Work. The payroll records shall be certified and shall be available for inspection. 2. The Contractor shall inform the City of the location of the payroll records, including the street address, city and county,and shall,within five(5)Working Days, provide a notice of change in location and address. 3. Upon request by the Director, the Contractor shall provide a copy of the certified payroll records along with a statement of compliance. 14.05 APPRENTICESHIP STANDARDS A. Compliance with California Labor Code Section 1777.5 requires all public works contractors and subcontractors to: 1. Prior to commencing work on a public works contract, submit Contract Award information to the applicable joint apprenticeship committee, including an estimate of the journeyman hours to be performed under the Contract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. Use Form DAS-140 from the State Department of Industrial Relations. The City reserves the right to require Contractor and Subcontractors to submit a copy of said forms to the City. 2. Employ apprentices for the public work at a ratio of no less than one (1) hour or apprentice work for every five (5) hours or labor performed by a journeyman. To request dispatch of apprentices, use Form DAS-142 from the State Department of Industrial Relations. The City reserves the right to require Contractor and Subcontractors to submit a copy of said forms to the City. 3. Pay the apprentice rate on public works projects only to those apprentices who are registered, as defined in Labor Code Section 3077. 4. Contribute to the training fund in the amount identified in the Prevailing Wage Rate publication for journeyman and apprentices. Contractors who choose not to contribute to the local training trust fund must make their contributions to the California Apprenticeship Council, P.O. Box 420603, San Francisco, CA 94142. B. Failure to comply with the provisions of California Labor Code Section 1777.5 may result in the loss of the right to bid or perform work on all public works projects for a period of one to three years and the imposition of a civil penalty of One Hundred Dollars ($100.00) for each calendar day of noncompliance for the first violation and up to Three Hundred Dollars ($300.00)for each calendar day of noncompliance for a second or subsequent violation. Contractor should make a separate copy of this material for each of his/her Subcontractors. C. Payroll Records. The Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman apprentice, worker or other employee employed in connection with the work. The payroll records shall be certified and shall be submitted to the Project Manager every two weeks. ARTICLE 14 GC-81 D. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract or Subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26 from the State Department of Industrial Relations) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification,the fund, plan or trust name, address, administrator,the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. 14.06 EMPLOYMENT OF APPRENTICES A. In the performance of this Contract, the Contractor and any Subcontractor shall comply with the provisions concerning the employment of apprentices in the Labor Code of the State of California and any amendments thereof. B. In the event the Contractor or any Subcontractor willfully fails to comply with the aforesaid provisions of the Labor Code,such Contractor or Subcontractor shall be subject to the penalties for noncompliance in the Labor Code of the State of California and any amendments thereof. 14.07 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-82 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 ARTICLE 15 GC-83 negotiations, with the same authority and knowledge as just described. Upon completion of the meeting, if the Claim is not resolved, the parties may either continue the negotiations or either party may declare negotiations ended. All discussions that occur during such negotiations and all documents prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152. B. Deferral of Claims Following the completion of the negotiations required by Paragraph 15.02-A., all unresolved Claims, except those that do not involve parties other than the Contractor and City, shall be deferred pending Final Completion of the Work, subject to City's right, in its sole and absolute discretion,to require that the claims Dispute Resolution Process proceed prior to Final Completion. In the event that City does not elect to proceed with the Claims Dispute Resolution Process prior to Final Completion of the Work, all Claims that have been deferred until such Final Completion shall be consolidated within a reasonable time after such Final Completion and thereafter pursued to resolution pursuant to the Claims Dispute Resolution Process, Nothing contained in this Article 15 shall be interpreted as limiting the parties' rights to continue informal negotiations of Claims that have been deferred until such Final Completion; provided, however, that such informal negotiations shall not be interpreted as altering the provisions of this Article 15 deferring final determination and resolution of unresolved Claims until after Final Completion of the Work. C. Legal Proceedings If the Claim is not resolved by direct negotiations then the party wishing to further pursue resolution or determination of the Claim shall submit the Claim for determination by commencing legal proceedings in a court of competent jurisdiction. 15.03 NO WAIVER Participation in the Claims Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of either party, including, without limitation, any defense based on the assertion that the rights of Contractor that are the basis of a Claim were previously waived by Contractor due to failure to comply with the Contract Documents, including, without limitation, Contractor's failure to comply with any time periods for providing notices or for submission or supporting documentation of Claims. [END OF ARTICLE] ARTICLE 15 GC-84 ARTICLE 16-ACCOUNTING RECORDS 16.01 MAINTENANCE OF RECORDS Contractor shall keep, and shall include in its contracts with its Subcontractors, provisions requiring its Subcontractors to keep full and detailed books and records in accordance with the requirements of the Contract Documents, including the following: all information, materials and data of every kind and character (hard copy, as well as computer readable data if it exists), that have any bearing on or pertain to any matters, rights, duties or obligations relating to the Project or the performance of the Work, including,without limitation, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, change orders, change order requests, estimates, field orders, schedules, diaries, logs, reports, shop drawings, samples, exemplars, Drawings, Specifications, invoices, delivery tickets, receipts, vouchers, cancelled checks, memoranda; accounting records;job cost reports; job cost files (including complete documentation covering negotiated settlements); backcharge; general ledgers; documentation of cash and trade discounts earned; insurance rebates and dividends, and other documents relating in way to Claims or Change Orders, Construction Change Directives, Work Directives, or other claims for payment related to the Project asserted by Contractor or any Subcontractor ("Accounting Records"). Contractor shall exercise such controls as may be necessary for proper financial management of the Work. Such accounting and control systems shall comply with prevailing custom and practice for similar projects, be satisfactory to City and shall include preservation of such records for a period of five (5) years after approval of the Notice of Completion and Acceptance by City,or for such longer period as may be required by applicable laws. 16.02 ACCESS TO RECORDS Contractor shall allow, and shall include in its contracts with its Subcontractors provisions requiring its Subcontractors to allow, City and its authorized representative(s),auditors, attorneys and accountants, upon twenty-four(24) hours notice to Contractor,full access to inspect and copy all books and records relating to the Project that Contractor is required to maintain pursuant to Paragraph 16.01, above. 16.03 CONTRACTOR NONCOMPLIANCE,WITHHOLDING Contractor's compliance with Paragraphs 16.01 and 16.02, above, shall be a condition precedent to maintenance of any legal action or arbitration by Contractor against City. In addition to and without limitation upon City's other rights and remedies for breach, including any other provisions for withholding set forth in the Contract Documents, City shall have the right, exercised in its sole discretion, to withhold from any payment to Contractor due under a current Application for Payment an additional sum of up to ten percent (10%) of the total amount set forth in such Application for Payment, until Contractor and its Subcontractors have complied with any outstanding and unsatisfied request by City under this Article 16. Upon such compliance with this Article 16, any additional monies withheld pursuant to this Paragraph 16.03 shall be released to Contractor. 16.04 SPECIFIC ENFORCEMENT BY CITY Contractor agrees that any failure by Contractor or any Subcontractor to provide access to its books and records as required by this Article 16 shall be specifically enforceable, by issuance of a preliminary and/or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court and without the necessity of oral testimony, to compel Contractor to permit access, inspection, audits and/or reproduction of such books and records or to require delivery of such books and records to City for inspection,audit and/or reproduction. [END OF ARTICLE] ARTICLE 16 GC-85 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 ARTICLE 17 GC-86 and Subcontractors are granted a limited, non-exclusive license, revocable at will of City,to use and reproduce applicable portions of the Contract Documents and Submittals as appropriate to and for use in the execution of the Work and for no other purpose. B. Documents on Site Contractor shall keep on the Project site, at all times and for use by City, Director, Inspectors of Record and City's Consultants, a complete set of the Contract Documents that have been approved by applicable Governmental Authorities. C. Delivery to City All Design Documents, Contract Documents and Submittals in the possession of Contractor or Subcontractors shall be returned to the City upon the earlier of Final Completion or termination of the Construction Contract; provided, however, that Contractor and each Subcontractor shall have the right to retain one (1) copy of the Contract Documents and Submittals for its permanent records D. Subcontractors Contractor shall take all necessary steps to assure that a provision is included in all subcontracts with Subcontractors, of every tier, who perform Work on the Project establishing, protecting and preserving the,City's rights set forth in this Paragraph. 17.03 AMENDMENTS The Contract Documents may be amended only by a written instrument 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. ARTICLE 17 GC-87 17.06 SUCCESSORS AND ASSIGNS The Contract Documents shall be binding upon and inure to the benefit of City and Contractor and their permitted successors, assigns and legal representatives. A. City may assign all or part of its right, title and interest in and to any Contract Documents, including rights with respect to the Payment and Performance Bonds, to (a) any other governmental person as permitted by governmental rules, provided that the successor or assignee has assumed all of City's obligations, duties and liabilities under the Contract Document then in effect; and (b) any other Person with the prior written approval of Contractor. B. Contractor may collaterally assign its rights to receive payment under the Contract Documents. Contractor may not delegate any of its duties hereunder, except to Subcontractors as expressly otherwise permitted in the Contract Documents. Contractor's assignment or delegation of any of its Work under the Contract Documents shall be ineffective to relieve Contractor of its responsibility for the Work assigned or delegated, unless City, in its sole discretion, has approved such relief from responsibility. Any assignment of money shall be subject to all proper set-offs and withholdings in favor of City and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by City for completion of the Work, should Contractor be in default. C. Except for the limited circumstances set forth in Paragraph 17,06-B, above, Contractor may not, without the prior written consent of City in its sole discretion, voluntarily or involuntarily assign, convey, transfer, pledge, mortgage or otherwise encumber its rights or interests under the Contract Documents. No partner, joint venturer, member or shareholder of Contractor may assign, convey, transfer, pledge, mortgage or otherwise encumber its ownership interest in Contractor without the prior written consent of City, in City's sole discretion. 17.07 SURVIVAL Contractor's representations and warranties, the dispute resolution provisions contained in Article 15, and all other provisions which by their inherent character should survive termination of the Contract and/or Final Acceptance, shall survive the termination of the Contract and the Final Acceptance Date. 17.06 LIMITATION ON THIRD PARTY BENEFICIARIES It is not intended by any of the provisions of the Contract Documents to create any third party beneficiary hereunder or to authorize anyone not a party hereto to maintain a suit for personal injury or property damage pursuant to the terms or provisions hereof, except to the extent that specific provisions (such as the warranty and indemnity provisions) identify third parties and state that they are entitled to benefits hereunder. The duties, obligations and responsibilities of the parties to the Contract Documents with respect to such third parties shall remain as imposed by law. The Contract Documents shall not be construed to create a contractual relationship of any kind between City and a Subcontractor or any other Person except Contractor. 17.09 PERSONAL LIABILITY OF CITY EMPLOYEES City's authorized representatives are acting solely as agents and representatives of City when carrying out the provisions of or exercising the power or authority granted to them under the ARTICLE 17 GC-88 Contract. They shall not be liable either personally or as employees of City for actions in their ordinary course of employment. No agent, consultant, Council member, officer or authorized employee of City, shall be personally responsible for any liability arising under the Contract. 17.10 NO ESTOPPEL City shall not, nor shall any officer thereof, be precluded or estopped by any measurement, estimate or certificate made or given by the City representative or other officer, agent, or employee of City under any provisions of the Contract from at any time (either before or after the final completion and acceptance of the Work and payment therefor) pursuant to any such measurement, estimate or certificate showing the true and correct amount and character of the work done, and materials furnished by Contractor or any person under the Contract or from showing at any time that any such measurement, estimate or certificate is untrue and incorrect, or improperly made in any particular,or that the work and materials, or any part thereof, do not in fact conform to the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, City shall not be precluded or estopped from recovering from Contractor and its Sureties such damages as City may sustain by reason of 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. ARTICLE 17 GC-89 17.14 HEADINGS The captions of the sections of the Contract are for convenience only and shall not be deemed part of the Contract or considered in construing the Contract. 17.15 ENTIRE AGREEMENT The Contract Documents contain the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements, understandings, statements, representations and negotiations between the parties with respect to its subject matter, 17.16 COUNTERPARTS This instrument may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [END OF ARTICLE] ARTICLE 17 GC-90 EXHIBIT 1 Bond No.: Premium Amount:$ Bond's Effective Date: PERFORMANCE BOND RECITALS: 1. The City of Vernon,California("City"),has awarded to (Name,address,and telephone of Contractor) ("Principal"), a Contract(the"Contract")for the Work described as follows: Contract No.CS-0671: Fire Department Regional Traininq Center,Phase 2 in Vernon,CA. 2. Principal is required under the terms of the Contract— and all contract documents referenced in it ("Contract Documents")—to furnish a bond guaranteeing Principal's faithful performance of the Work. 3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and made a part of it by this reference. OBLIGATION: THEREFORE,for value received,We,Principal and (Name,address,and telephone of Surety) ("Surety"), a duly admitted surety insurer under California's laws,agree as follows: By this Bond,We jointly and severally obligate and bind ourselves,and our respective heirs,executors, administrators, successors,and assigns to pay City the penal sum of Dollars($ )("the Bonded Sum"), this amount comprising not less than the total Contract Sum,in lawful money of the United States of America. The California Licensed Resident Agent for Surety is: (Name,address,and telephone) Registered Agent's California Department of Insurance License No. THE CONDITION OF THIS BOND'S OBLIGATION IS THAT, if Principal promptly and faithfully performs the undertakings, terms, covenants, conditions, and agreements in the Contract and Contract Documents (including all their amendments and supplements), all within the time and in the manner that those documents specify,then this obligation becomes null and void. Otherwise,this Bond remains in full force and effect,and the following terms and conditions apply to this Bond: 1. This Bond specifically guarantees Principal's performance of each obligation and all obligations under the Contract and Contract Documents,as they may be amended and supplemented—including, but not limited to, Principal's liability for liquidated damages,Warranties,Guarantees,Correction,and Maintenance obligations as specified in the Contract and Contract Documents—except that Surety's total obligation,as described here,will not exceed the Bonded Sum. 2. For those obligations of Principal that survive Final Completion of the Work described in the Contract and Contract Documents,the guarantees in this Bond also survive Final Completion of the Work. 3. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly: (a) remedy the default; (b)complete the Project according to the Contract Documents'terms and conditions then in effect;or(c)using a procurement methodology approved by City,select a contractor or contractors—acceptable to City—to complete all of the Work,and arrange for a contract between the contractor(s)and City. Surety shall make available,as the Work progresses,sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Contract and Contract Documents—including other costs and damages for which Surety is liable under this Bond—except that Surety's total obligation, as described here, will not exceed the Bonded Sum. EXHIBIT 1-PERFORMANCE BOND-1 of 3 4. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract Documents, or the nature of the Work performed under the Contract or Contract Documents— including, without limitation, an extension of time for performance— does not, in any way, affect Surety's obligations under this Bond. Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement, or extension of time. 5. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's guaranteeing Principal's faithful performance of the Work. 6, No right of action accrues on this Bond to any entity other than City or its successors and assigns. 7. If an action at law or in equity is necessary to enforce or interpret this Bond's terms,Surety must pay—in addition to the Bonded Sum—City's reasonable attomeys'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 SEA TTACHEDOF THE AUTHORITYOFANY PERSON SIGNING ASATTORNEY--IN-FACT. ■ THE ATTORNEY-IN-FACTS SIGNATURE MUST BE NOTARIZED. ■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH,AREA CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By By Director of Public Works,Water&Development Services City Attorney EXHIBIT t-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. EXHIBIT 2-PAYMENT BOND-1 of 3 2. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract Documents, or the nature of the Work performed under the Contract or Contract Documents—including, without limitation, an extension of time for performance—does not, in any way, affect Surety's obligations under this Bond. Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement,or extension of time. 3. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's paying claims,demands, liens,or suits for any work, labor,services, materials,or equipment furnished or used in the Work. 4. If an action at law or in equity is necessary to enforce or interpret this Bond's terms,Surety must pay—in addition to the Bonded Sum—City's reasonable attorneys'fees and litigation costs,in an amount the court fixes. 5. Surety shall mail City written notice at least 30 days before: (a)the effective date on which the Surety will cancel, terminate,or withdraw from this Bond;or(b)this Bond becomes void or unenforceable for any reason. On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representative(s)under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name) (Name) Its: Its: (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: CORPORATE SEAL CORPORATE SEAL • THIS BOND MUST BE EXECUTED IN TRIPLICATE. ■ EVIDENCE MUST BEATTACHEDOFTHEAUTHORITYOFANY PERSON SIGNING ASATTORNEY-IN-FACT. ■ THEATTORNEY-IN-FACTSSIGNATURE MUST BE NOTARIZED. ■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH,AREA CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By By Director of Public Works,Water&Development Services City Attorney EXHIBIT 2-PAYMENT BOND-2 of 3 BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY-IN-FACT STATE OF CALIFORNIA ) ss. COUNTY OF ) On this day of 20 before me, (name), a Notary Public for said County, personally appeared (name), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of and acknowledged to me that he/she subscribed the name of thereto as principal, and his/he own name as attorney in fact. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public SEAL EXHIBIT 2-PAYMENT BOND-3 of 3 EXHIBIT 3 Bond No.: Premium Amount:$ Bond's Effective Date: MAINTENANCE BOND RECITALS: 1. The City of Vernon,California("City"),has awarded to (Name,address,and telephone of Contractor) ("Principal"), a Contract(the"Cohtract")for the Work described as follows: Contract No.CS-0671: Fire Department Regional Training Center,Phase 2 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 BEATTACHEDOF THE AUTHORITY OFANY 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&AMOUNT OF BONDED SUM: APPROVED AS TO FORM: By By Director of Public Works,Water&Development Services City Attorney EXHIBIT 3—MAINTENACE BOND-2 of 3 BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY-IN-FACT STATE OF CALIFORNIA ) ss. COUNTY OF ) On this day of 201 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. EXHIBIT 4-INSURANCE REQUIREMENTS-2 of 6 3. All activities contemplated in the Contract shall be specifically scheduled on the CPL policy as"covered operations." In addition,the policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. 4. The policy shall specifically provide for a duty to defend on the part of the insurer. City, its officers,employees and agents shall be added to the policy as additional insureds by endorsement. E. Builder's Risk 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 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 5 Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit CITY OF VERNON PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT Construction Stormwater Program Permit Number: Date: Applicant: Project Address: Property Owner: Contractor: Contractor's Address: Phone: The National Pollutant Discharge Elimination System(NPDES) is a portion of the Clean Water Act that applies to the protection of receiving waters. Under permits from the Los Angeles Regional Water Quality Control Board(RWQCB), certain activities are subject to RWQCB enforcement. To meet the standards of the Waste Discharge Requirements for Municipal Separate Storm Sewer System(MS4) Discharges within the Coastal Watershed of Los Angeles County, Except those Discharges Originating from the City of Long Beach MS4 (CAS004001),the City of Vernon has adopted minimum standards for stormwater runoff from development construction activities. These minimum standards require the implementation of an effective combination of erosion and sediment control Best Management Practices (BMPs)to prevent erosion and sediment loss, and the discharge of construction waste at each site. At a minimum, the construction activity associated with the construction project identified above shall be conducted in such a manner that: ➢ Prevents illicit construction-related discharges of pollutants into the MS4 and receiving waters. ➢ Implements and maintains structural and non-structural BMPs to reduce pollutants in stormwater runoff from construction sites. ➢ Reduces construction site discharges of pollutants to the MS4 to the maximum extent practicable. ➢ Prevents construction site discharges to the MS4 from causing or contributing to a violation of water quality standards. Note: The Stormwater BMP Construction Handbook sheets developed by the California Stormwater Quality Association shall be used as guidance in determining and implementing required BMPs. The BMP sheets may be reviewed at the Public Works, Water& Development Services Department counter during regular business hours. A General Construction Permit shall be obtained and maintained for all construction sites one(1) acre or greater. Additional conditions may be required for these sites. I have read and understand the requirements listed above and certify that I will comply with the minimum requirements above. Signature: Print Name: Title: Property Owner: Rev.06/20I4 EXHIBIT 5—STATEMENT OF INTENT TO COMPLY—I of I EXHIBIT B SPECIAL PROVISIONS SPECIFIC FOR THIS PROJECT EXHIBIT C LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than$10.30 per hour with health benefits,or$11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation,or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay,treble damages for willful violations,and attorney's fees,or to compel City officials to terminate the service contract of violating employers. EXHIBIT D EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that,during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed,color, national origin, ancestry, handicap,sex,or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer"or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices,except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. EXHIBIT B SPECIAL PROVISIONS - SPECIFIC FOR THIS PROJECT FIRE DEPARTMENT REGIONAL TRAINING CENTER PHASE 2, CONTRACT NO. CS-0671 GENERAL B-1.01 Scope of Work— Scope of Work for Base Bid consists of clear and grub, sawcut and removal of existing AC pavement, excavation, earthwork and grading, construction of PCC curb and curb & gutter, PCC longitudinal gutter, PCC pavement, adjust utility covers to grade, furnish and install gravel, construct PVC storm drain, Rainstore infiltration system or approved equal, grate inlets and grate inlet skimmer box and landscape and irrigation. B-1.02 Contract Plans— The details for the work in this project are shown on the City of Vernon Contract No. CS-0671 sheet drawings (Plan No. B2747), incorporated into this Agreement by this reference: Sheet No. Descri tion 1 Title Sheet&Notes 2 Horizontal Control Plan 3-4 Precise Grading Plan and Details 5-6 Drainage Improvement Plan and Details 7-9 Landscape Plans B-1.03 Specifications — Installation and payment for all the work shall conform to 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. B-1.04 Length of Contract — All work in this project shall be completed within 45 (forty-five) calendar days as specified in the Bidder's Proposal. B-1.05 Delays and Extensions of Time—The provisions of Section 6-6 entitled "Delays and Extensions of Time" of the Standard Specifications shall apply except as modified and supplemented below. The second paragraph of subsection 6-6.1 is hereby deleted and the following paragraph shall be inserted in its place: 1 of 7 CS-0671 EXHIBIT B-SPECIAL PROVISIONS(ADDENDUM No. 1) No extension of time will be granted for a delay caused by the inability of the Contractor to obtain materials, equipment and labor, except as authorized by the City Engineer. The length of contract time stipulated includes any time which may be required to obtain materials, equipment and labor, and the Contractor in submitting a bid shall be deemed to have ascertained the availability of materials, equipment and labor and considered same in his proposed construction schedule. B-1.06 Quality of Work—The provisions of Section 4-1.1 entitled "Materials and Workmanship" of the Standard Specifications (2015) shall apply. In addition, any work deemed unacceptable by the City Engineer, whether a cause is determined or not shall be repaired or replaced by the Contractor at his expense. B-1.07 Liquidated Damages — In accordance with Section 6-9 of the Standard Specifications (2015), for each consecutive calendar day required to complete the work in excess of the time specified herein for its completion, as adjusted in accordance with Section 6-6 of the Standard Specifications (2015), the Contractor shall pay to the City, or have withheld from monies due it, the sum of $1,500.00. In addition, liquidated damages shall apply for the non-completion of intermediate milestones. B-1.08 Unit Prices - All costs not covered by specific unit prices but required for a complete job in place, shall be included in the items most related to the work. B-2.01 Scheduling of Work — The Contractor shall submit his work schedule to the City Engineer at the pre-construction meeting. The construction schedule shall show the sequence of work, critical path and estimated time for completion of each segment of work. This schedule must be reviewed and accepted by the City Engineer before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed schedule forecasting two weeks of work describing each day's work. This schedule shall be updated and submitted to the City every other Monday during the construction period. The Contractor shall give 48 hours notice to the City Engineer prior to the start of the work. B-2.03 Construction Hours— - Monday - Friday between the hours of 7 a.m. -4 p.m. B-2.04 Coordination—Contractor shall coordinate with the following during construction: - City of Vernon Public Works Department(Building and Engineering Divisions). B-3.01 Stockpiling and/or storage of materials — The Contractor shall not stockpile or store materials on any public right-of-way or parking areas without specific permission of the Engineer. Materials spilled along or on said right-of-way or parking areas shall be removed completely and promptly. All stockpile and/or storage shall be kept in a safe, neat, clean, and orderly fashion, and shall be restored to equal or better than original condition upon completion of the work. CS-0671 2 of 7 EXHIBIT B-SPECIAL PROVISIONS(ADDENDUM No. 1) B-4.01 Extra Work — In the event the City and the Contractor are unable to negotiate an agreed price for extra work, which is acceptable to both parties, payment shall be made based on time and materials as follows: a. Work by the Contractor: The following percentages shall be added to the Contractor's cost and shall constitute the markup for all overhead and profits: 1. Labor 20% 2. Materials 15% 3. Equipment Rental 15% 4. Other Items and Expenditures 15% b. Work by the Subcontractor - When all or any part of the extra work is performed by a subcontractor, the above markups shall apply to the aggregate sum of the extra work, regardless of the number of tiers of subcontractors used. In addition, a markup of 10-percent on the first $5,000 of extra work and 5-percent on work in excess of$5,000 may be added by the Contractor. B-4.02 Compliance with Laws, Regulations, and Safe Practices — The Contractor shall perform all work in a safe, competent manner and in accordance with all federal, state, and local statues, regulations, ordinances, rules, and governmental orders. The Contractor will be solely and completely responsible for the conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. Inspection of the Contractor's performance by the City, its agents, or employees is not intended to include review of the adequacy of the Contractor's safety measures in or near the job site. B-4.03 Notification of Affected Residents/Businesses — The Contractor shall be responsible for distribution of the general information letter of the project to all affected residents and businesses. The Contractor shall notify in person and with printed notification at least five (5) working days prior to commencing work, to all agencies, firms, institutions, residents, utilities and waste disposal service fronting or affected by the work. Additional printed notification shall be given not less than forty-eight (48) hours prior to performing any work which will restrict property access, close or partially close the street, or which will restrict or disallow street parking. The Contractor shall coordinate with waste disposal collection and the postal service to ensure delivery of mail. The printed notices shall contain a general description of the work to be done and the date that the work is to be done. The notices shall also include a statement that parking will be restricted as called for on the "NO PARKING" signs to be posted along the street. All public notices must be reviewed and approved by the Resident Engineer prior to its distribution. The Contractor shall also post printed "NO PARKING-TOW AWAY" signs at one-hundred-foot (100') (thirty meters (30m)) maximum spacing along each side of the affected street for forty- eight (48) hours prior to the commencement of the street improvement work. The Contractor CS-0671 3 of 7 EXHIBIT B-SPECIAL PROVISIONS (ADDENDUM No. 1) shall document the day, date and time the "NO PARKING" signs were posted. Posting of signs on trees and utility poles will not be allowed. The signs shall contain the day, date, hours and vehicle code that parking will be prohibited on that particular street, CVC 22651 L and CVC 22654D. The signs shall be removed immediately upon completion of work that will prohibit parking. The printed notices and the "NO PARKING" signs shall be furnished by the Contractor. Full compensation for compliance with the preceding requirements shall be considered as being included in the various Contract items in the bid schedule and no additional compensation will be allowed therefor. B-4.04 Notification of Utilities—The provisions of Section 5 entitled "Utilities" of the Standard Specifications shall apply. The Contractor shall contact the Underground Service Alert of Southern California(U.S.A.) at least two working days in advance of the construction work. 11-5.01 Noise Restrictions — The Contractor may not operate certain power equipment, within a residential area or within a radius of 500 feet from a residential area, except during the following times: 1. From 7:00 am to 4:00 pm, Monday through Friday In addition, the noise level from the Contractor's operations shall not exceed 85 dBA when measured within a one hundred (100) foot radius at any time. B-6.01 Construction Order of Work — Work shall be scheduled so as to lessen the impact upon businesses. Requirements—General: 1. All construction shall conform to Sections 6-1 and 6-2 of the latest edition of the Standard Specifications for Public Works Construction and shall proceed in a smooth, efficient, timely and continuous manner. As such, once construction is started in a work area, the Contractor will be required to work continuously in that work area until construction has been completed and the work area is open and accessible to both vehicular and pedestrian traffic in a manner approved by the City Engineer before the next stage of work will be allowed to begin. 2. Once construction is started in a work area, the Contractor shall not withdraw manpower or equipment from that work area in order to start construction in another work area if doing so, in the opinion of the City Engineer, delays the completion of the work presently under construction. 4. No stockpiling of material and construction equipment on public streets or sidewalks will be permitted on this project unless approved by the City Engineer. Material and equipment placed on public streets, sidewalks and on the construction areas shall be used the same day. CS-0671 4 of 7 EXHIBIT B-SPECIAL PROVISIONS(ADDENDUM No. 1) B-7.01 Character of Workers — If any subcontractor or person employed by the Contractor shall appear to the City Engineer to be incompetent, intemperate, troublesome, or acts in a disorderly or otherwise objectionable manner, he shall be immediately discharge from the project on the requisition of the City Engineer, and such person shall not be reemployed on the work. If said individual has an ownership interest in the contracting entity, the City Engineer will serve written notice upon the Contractor and the Surety providing the faithful performance bond, in accordance with Section 6-4, "Default by Contractor," of the Standard Specifications, demanding complete and satisfactory compliance with the Contract. B-8.01 Examination of the Site — The Contractor is required to examine the site and judge for themselves the location, physical conditions, substructures, and surroundings of the proposed work. B-8.03 Dust Control —Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall abate dust nuisance by cleaning, sweeping and sprinkling water, or other means as necessary when requested by the City. Failure of the Contractor to comply with the City Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation or extension of contract completion time will be allowed as a result of such suspension. The cost of furnishing and operating dust control during the construction project must be included in the various bid items, and no extra compensation will be paid to the Contractor. B-8.04 Temporary Water Meter — If necessary, the Contractor shall obtain a temporary water meter from the City of Vernon Water Department by placing a deposit of$1000.00. Contractor shall pay for all water used. Contractor shall not relocate the service. The Contractor shall call the City of Vernon Water Department to relocate the service and will be charged $50.00 for each relocation. B-8.05 Cleaning of Site During Construction — During construction, all existing improvements adjacent to the work area shall be swept free from soils, gravel, dirt or debris on a daily basis. The Contractor will be responsible for such cleaning. B-9.01 Best Management Practices (BMP's) — The Contractor shall submit a copy of their Best Management Practices (BMPs) to the City Engineer for review ten (10) days prior to the beginning of any work. The Contractor is hereby notified that specific construction practices in the Standard Specifications, Section 7-8.6.2, "Best Management Practices (BMPs)" are considered to be Best Management Practices. The Contractor shall implement and maintain such BMP's as are relevant to the work, and as are specifically required by the Plans or Special Provisions. The Contractor shall not commence activity until the BMP submittal has been reviewed and approved. B-10.01 Protection of the Public — The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the CS-0671 5 of 7 EXHIBIT B-SPECIAL PROVISIONS(ADDENDUM No. 1) opinion of the City Engineer, a condition exists in which the Contractor has not taken sufficient precaution of public safety, protection of utilities, and/or protection of adjacent structures or property,the City Engineer will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the City Engineer, or in the event of an emergency situation, the City Engineer may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the City Engineer, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor. 13-1 1.01 Material Submittals—The Contractor shall provide all required submittals including, but not limited to shop drawings and materials to the City upon reward of the contract for review and approval before the construction. The "Notice to Proceed" will not be issued to the Contractor until all the submittals have been reviewed and approved by the City. B-12.01 Clearing and Grubbing Clearing and grubbing shall be performed in accordance with the plans, Section 300-1, "Clearing and Grubbing," of the Standard Specifications and these Special Provisions. Clearing and grubbing shall include removal of all existing natural and artificial objectionable materials from the right-of-way in construction areas, road approaches, material sites within the right-of-way not specifically addressed in these special provisions. Tree pruning/root trimming shall be performed as necessary for curb, gutter and asphalt construction as well as other related work. This work shall only be done with the express approval of the Engineer. All materials shall be removed as approved by the Engineer. This work shall be performed in advance of grading and paving operations and in accordance with section 300-1 of the Standard Specifications. Full compensation for conforming to the requirements of this article shall be considered as included in contract bid prices paid for the various items of work and no additional compensation will be allowed therefor. B-13.01 Benchmark Replacement — If benchmarks and/or centerline ties are displaced or damaged during construction, the Contractor shall replace them per City of Vernon Standards at no cost to the City. Contractor shall notify the City within 24 hours of displacing a benchmark and/or centerline ties. B-14.01 Contractor Responsibility — The Contractor shall be responsible for the final product and shall make any quality control, adjustments and corrections necessary to obtain the final product accepted by the City Engineer. The Contractor shall perform process and quality control sampling and testing and exercise management control the work of his/her subcontractors, technicians and workers to ensure that the milling, transporting, recycling, spreading, compaction, and finishing processes conform to these Specifications. CS-0671 6 of 7 EXHIBIT B-SPECIAL PROVISIONS(ADDENDUM No. 1) B-15.01 Use of City Yard for Disposal of Excess Material — The Contractor shall use the City owned yard located at 2221 551" Street (between Santa Fe Avenue and Alameda Street) for the disposal of excess material. The temporary use of the site will be available to the contractor at no cost. Excess material hauled to the City yard shall be cleared of all brush, grass, weeds and all other objectionable materials. B-16.01 Underground conduit construction — All existing utility lines shall be potholed prior to any installation of the conduits. Conduits shall be placed per plans. 13-17.01 Equipment List and Drawings -All incidental parts which are not shown on the Plans, in the Specifications, and which are necessary to complete or modify the existing systems, shall be furnished and installed as though such parts were shown on the Plans or specified in the Specifications. The cost for furnishing and installing these incidental parts shall be considered as included in the bid item price. All systems shall be in satisfactory operation at the time of completion and acceptance of the Work. B-18.01 Final Cleaniniz of Site and Restoration — The Contractor shall be responsible for cleaning and restoration of all damaged existing improvements such as sidewalk, driveway, curb and gutter, and private property at no cost to the City. Upon completion and before making application for acceptance of the work, the Contractor shall clean rights-of-way, streets, borrow pits and all other grounds occupied by him in connection with the work of all rubbish, excess materials, temporary structures and equipment, and all parts of the work and grounds occupied by him shall be left in neat and presentable condition. The Contractor shall remove all loose aggregates by sweeping all the sidewalks and gutters. The cost of furnishing and operating such sweeping after the construction of the project must be included in the various bid items, and no extra compensation will be paid to the Contractor. Full compensation for conforming to the requirements for RELATED WORK and FINAL CLEAN-UP in this article shall be considered as included in contract bid prices paid for the various items of work and no additional compensation will be allowed therefor. CS-0671 7 of 7 Attachment A (Addendum No. 1) ATTACHMENT A— BID ITEM SPECIFICATIONS Bid Item 1: BONDING, MOBILIZATION AND INSURANCE Mobilization shall be in accordance with Subsection 9-3.4 "Mobilization," of the Standard Specifications, and these special provisions. Mobilization shall consist of the following: • Preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies, incidentals to the project site • Cleaning up the site at the completion of project • Establishment of all offices, buildings, construction yards, sanitary facilities, and any other facilities necessary for work on the project • All other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site • Demobilization costs anticipated at the completion of the project. The cost of all bonds and insurance policies, including premiums and incidentals, shall be included in mobilization. No additional compensation will be allowed for additional mobilizations required, including but not limited to, delays caused by the relocation of existing utility facilities shown on the plans or discovered during construction operations. The deletion of work or the addition of extra work as provided for herein shall not affect the price paid for Mobilization. Payment for mobilization, site cleanup at the completion of the project, additional mobilizations, cost of all bonds and insurance policies, and all costs incurred prior to beginning work shall be considered to be included in the contract lump sum price paid for Mobilization and no additional compensation will be allowed. Payment will be made on a basis of the percentage of work completed on the entire project. Bid Item 2: PREPARE AND IMPLEMENT EROSION CONTROL PLAN The Contractor shall comply with the requirements of Subsection 7-8.6 of the Standard Specifications, requirements in the State Construction General Permit (CGP) Order 2009-0009- DWQ and shall conduct his operations so as to prevent Portland cement, mud, silt or other materials from entering the surface drainage structures of the adjoining street and any underground storm drainage system. The Contractor shall prepare an Erosion Control Plan in conformance with the CGP, and shall submit the document for City review and obtain approval from the City prior to start of construction. The Erosion Control Plan shall be include, but not limited to Best Management Practices (BMP's) necessary for the prevention of sediment, building materials and other building materials from entering the underground storm drain system. Full compensation for preparation of Erosion Control Plans as required by the CGP, implementation of the approved Erosion Control Plans, prevention of water pollution and all 1 of 7 CS-0671 Attachment A (Addendum No. 1) required control work for preservation, clean-up and restoration of damaged property shall be considered as included in the lump sum price bid. No separate payment will be allowed. Bid Item 3: ASPHALT CONCRETE PAVEMENT AND BASE REMOVAL All work shall conform to the provisions in Subsection 300-1.3, "Removal and Disposal of Materials," of the Standard Specifications, and these Special Provisions. Removal and disposal of existing AC pavement and Base (except for cold milling) as shown on the plans shall include conformance to the provisions of Subsection 300-1.3, "Removal and Disposal of Materials,"of the Standard Specifications and these Special Provisions. All AC pavement to be removed shall be machine saw cut. In no instance shall the saw-cut depth be less than one and one (1-'/2) inches in depth. It is the contractor's responsibilfty to determine the method of removal that best satisfies the project requirements. Payment for Removal of AC and Base shall be per unit price bid for Sawcut and Remove Existing AC Pavement and Base and will be considered full compensation for furnishing all labor, tools, equipment, and materials necessary for saw cutting, removal and disposal of the existing asphalt concrete and base material and no additional compensation will be allowed therefor. Bid Items 4, 5, 6, 7, 8, 9, 12: PORTLAND CEMENT CONCRETE CONSTRUCTION All removal work shall conform to the provisions in Subsection 300-1.3, "Removal and Disposal of Materials," of the Standard Specifications, and these Special Provisions. Removal of existing concrete Curb & Gutter, Sidewalk, Cross Gutter and Spandrel and Driveway shall include sawcut and removal of concrete, base material and subgrade as necessary and per these special provisions. Portland Concrete Removal shall include removal of any existing PCC walkway in the immediate vicinity of the planned work necessary to allow for the installation of standard sidewalk. This shall include removal of any additional walkway needed to join existing walkway and new sidewalk at a maximum slope of five percent (5%). All PCC (concrete) pavement removals shall be machine saw cut. Pavement saw-cut shall be made so that removal is to the saw-cut line at score line or joint without additional cracking or breakage beyond the saw-cut line. The installation of sidewalk, walkways, curb, cross gutters, driveways and appurtenant PCC improvement shall be constructed in the areas designated herein and shall comply with Subsections 302-6 and 303-5 of the Standard Specifications and City Standards. All improvements shall be constructed of concrete prepared in accordance with Subsection 201- 1 of the Standard Specifications using symbol designation class 520-C-2500 except for PCC pavement which shall be 560-C-3250. All expansion joints shall be no more than 15 feet and per Engineer's direction. 2 of 7 CS-0671 Attachment A (Addendum No. 1) The certified tickets accompanying each batch of ready mix concrete delivered to the job site shall clearly show the "class designation" of the specified concrete mix in addition to the requirements of Subsection 201-1.4.3, "Transit Mixers" of the Standard Specifications. PCC Pavement: PCC pavement improvements shall be constructed over 95% (relative) compacted native and as shown on the plans and modified only as required and approved by the Engineer. Curb & Gutter: Curb and Gutter improvements shall be constructed as shown on the plans and modified only as required and approved by the Engineer. Curb and Gutter shall be constructed over 5 inches of CMB. All affected irrigation and planting shall be repaired by the Contractor to the satisfaction of the Engineer. PCC Longitudinal Gutter: The longitudinal gutter construction shall conform to SPPWC Standard Plan 122-2, 2012 Edition, and details on the Plans. The flowline of the gutter shall be troweled smooth for a width of approximately four (4) inches on either side of the flowline. The outer edges of the gutter shall be rounded to a radius of '/2 inch. The Gutter shall be constructed over 6 inches of CMB. Any appurtenant PCC Improvement constructed as part of this project and not included with a unit price bid quote or otherwise covered for payment herein shall be paid at the unit price for 4 inch Sidewalk per square foot prorated to reflect the true amount of PCC material being constructed, as approved by the Engineer's Representative. The prorated unit price bid for the appurtenant PCC improvement shall include all costs of subgrade preparation, and the excavation, furnishing and compacting of ba_ckfill material and no additional compensation will be allowed therefor. Tests: All compaction tests and tests for Portland Cement Concrete will be performed by and at the expense of the City except the costs for failed tests shall be borne by the Contractor. The total cost of failed tests will be determined at the conclusion of construction. The unit price bid for PCC Sidewalk, Curb & Gutter, Driveways, Cross Gutter shall include all costs of removal of existing improvements and base material, as necessary, subgrade preparation, and the excavation, and/or removals, furnishing and compacting of crushed miscellaneous base and/or backfill material, installing concrete and reinforcement, if applicable, per plans, and the adjustment to finish grade of all street light pull boxes and water meter boxes within the limits of new construction as required by these specifications. Payment shall be per unit price bid for each item and will be considered full compensation for furnishing labor, tools, equipment, and materials necessary for the removal of each item listed in these special provisions and will include the Cost of saw cuts, removal of concrete, base and subgrade as necessary and disposal of said items in accordance with all governing federal, state and local rules and regulations, placement and compaction of CMB and precise grading under each PCC item per plans, complete construction of each item and repair and restoration of all affected irrigation and planting to the satisfaction of the Engineer. No additional compensation will be allowed therefor. Bid Item 10: ADJUST UTILITY COVER TO GRADE All petroleum, monitoring well covers, gas, water and other underground utility covers, valve 3 of 7 CS-0671 Attachment A (Addendum No. 1) cans and lids, within the areas to be paved or covered with gravel shall be adjusted to grade in accordance with the requirements of their respective owners. The Contractor shall clean the interiors of all debris. It is the Contractor's responsibility to verify the number and location of these structures and to notify the owners thereof prior to doing this work. Valves, valve boxes and valve covers within an area to be paved, graded or overlaid shall be set to the finish grade by the contractor. It shall be the responsibility of the Contractor to obtain written approval from the Engineer prior to setting valves to finish grade. In any event, it shall be the responsibility of the Contractor to identify, locate and protect in place all existing utilities including but not limited to manholes, valves and pull boxes, unless otherwise directed by the Engineer. Payment to adjust valve to grade shall be made at the contract unit price per EACH and shall constitute full compensation for all labor, materials, tools. and eauir)ment to disconnect. reset. reconnect and provide any required repaving as a result of adjusting the valve to grade as approved by the Engineer and no additional compensation will be allowed. Bid Item 11: FURNISH AND INSTALL GRAVEL All work shall conform to the provisions in Subsections 200-1, "Rock Products", of the Standard Specifications, and these Special Provisions. The Contractor shall furnish and place the gravel over native soil as shown on the Plans. Payment for Gravel shall be at the contract price bid per Cubic Yard and shall include full compensation for furnishing all labor, equipment and materials for doing the work and for disposal and removal of any excess materials. Bid Items 13 and 17: CONSTRUCT PVC DRAIN PIPE WITH BEDDING Work shall consist of furnishing and installing PVC plastic pipe as shown on the plans over bedding per manufacturer's recommendations. PVC pipe shall comply with Subsection 207-17 of the standard specifications. Bedding shall be per City of Vernon Standard Plan V2264. Contractor shall exercise care during removal of the cap at the end of the existing drain pipe and shall be responsible for repair of any damage to the pipe caused by the removal. Payment shall be at the contract unit price per linear foot of pipe and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in installing pipe and cap complete in place, including excavation, backfill and compaction, including furnishing, installing and compaction of bedding. Bid Item 14: CONSTRUCT RAINSTORE 3 INFILTRATION SYSTEM OR APPROVED EQUAL Work shall consist of furnishing and installing Rainstore 3 Infiltration system by Invisible Structures or approved equal, per manufacturer's recommendations and as shown on the plans. Payment shall be at the contract unit price per each and shall include full compensation for 4of7 CS-0671 Attachment A (Addendum No. 1) doing all the work involved in installing the system in place, including excavation, filter fabrics, backfill and compaction. Bid Items 15& 16: CONSTRUCT PIPE CONNECTION TO EXISTING INLET OR RCP Work shall consist of creating and opening in the existing inlet or RCP for and joining the new pipe as shown on the plans. Payment will be at the contract bid price per each connection and shall include full compensation for all work necessary for joining the existing structure per SSPWC standard plan 335-2. Bid Item 18: CONSTRUCT 36" X 36" GRATE INLET, BROOKS PRODUCTS MODEL 3636CB OR APPROVED EQUAL Work shall consist of constructing a grating catch basin as shown on the plans. Work shall comply with subsections 302-6, 303-1 and 303-5 of the Standard Specifications and City Standards. Payment shall be at the contract unit price per each and shall include full compensation for all costs of furnishing, pouring and installing PCC and/or reinforcement, subgrade preparation, excavation and/or removals, furnishing and compacting of crushed miscellaneous base and/or backfill material for structures, grates and all other miscellaneous items shown or referenced on the plans and as required by these specifications. Bid Item 19: FURNISH AND INSTALL GRATE INLET SKIMMER BOX BY BIO-CLEAN ENVIRONMENTAL SERVICES OR APPROVED EQUAL Work shall consist of furnishing and installing the grate skimmer box as shown on the plans and in accordance with the manufacturer's recommendations, unless directed otherwise by the Engineer. Payment shall be at the contract unit price per each and shall include full compensation for all costs of excavation and/or removals, subgrade preparation, furnishing and compacting of crushed miscellaneous base and/or backfill material for structures, and furnishing and installing all hardware and all other miscellaneous items shown or referenced on the plans and as required by these specifications. Bid Item 20: CONSTRUCT TRENCH REPAIR PER CITY OF VERNON STANDARD PLAN V2264 Work shall consist of furnishing and installing backfill and pavement as shown on the plans, City standard plan V2264 and directed by the Engineer. Payment shall be at the contract unit price per square foot. 5 of 7 CS-0671 Attachment A (Addendum No. 1) Bid Item 21: EARTHWORK(EXPORT) Earthwork operations shall conform to the requirements of Section 300-2, "Unclassified Excavation" (SSPWC) and Section 300-4. Grading shall be performed to construct the lines and grades shown on the plans. Add the following to Subsection 300-2.1, "General", (SSPWC): Unclassified excavation shall include all excavation not covered under clearing and grubbing nor in any of the removal items. The Contractor's attention is directed to the Geotechnical Report boring locations regarding existence of underground water. If underground water is encountered during excavation, it shall be the responsibility of the Contractor to dewater and use special grading techniques and/or material to handle this condition prior to placing fill. All cost for complying with this requirement shall be included in the contract unit price for unclassified excavation. Any other methods or techniques implemented shall be included in the bid item for unclassified excavation. Add the following to the end of Subsection 300-4.9, "Measurement and Payment," (SSPWC): The measurement of material will be based on the volume it occupies in its final position after compaction. Unit price bid per CY shall include payment for transporting and disposal of surplus dirt in accordance to all applicable local, State and Federal regulations. Contractor shall haul and dispose of all excess material to the City yard located at 2221 55th Street (West of Santa Fe Avenue). Material hauled to City yard shall be cleared of all brush, grass, weeds and all other objectionable materials. Payment for excavation and export of materials off-site shall be per contract unit price per CY and shall include hauling and disposal of material to City yard in accordance with all applicable federal, state and local regulations. No additional compensation will be allowed therefor. Payment for grading shall be included in the contract unit price for various items of work and no additional compensation will be allowed therefor. Bid Item 22: FURNISH AND LANDSCAPE AND IRRIGATION All removal work for this item shall conform to the provisions in Section 308, "Landscape and Irrigation," of the Standard Specifications and as shown on the plans. 6 of 7 CS-0671 Attachment A (Addendum No. 1) The unit price bid for Landscape and Irrigation shall include all costs for labor, equipment and materials fine grading, furnishing and installing all necessary irrigation equipment and plumbing, planting and hardscape including gravel and all other miscellaneous items shown or referenced on the plans and as required by these specifications. Bid Item 23: SURVEYING The Contractor shall be responsible for the accuracy of surveying adequate for construction; however the task of surveying itself shall be performed under the direction of a Licensed Land Surveyor or Professional Engineer, whom is authorized to practice land surveying in the State of California, retained or provided for by the Contractor. All construction surveying necessary to complete the work as shown on the plans and provided for in these contract documents and specifications shall be accomplished by or under the direction of a Licensed Land Surveyor or Professional Engineer, with the authority to practice land surveying in the State of California, retained or provided by the Contractor. The AGENCY reserves the right to direct additional construction surveys to be performed by the Contractor when it feels it is required to adequately construct the work. 7 of 7 CS-0671 CZ—PG 70--10 —3—,PC 70-10 FAWSMENr PAVEMENT SiFWCUT LSNE � 2» r�T SstWC'L?LINE f �i�i iilriil fCli iEl fil ilT B Ti — EXIS771VG PAVEMENT it �T L mill I I ER III II EKfS1�4'G �as� ds EXISTING NATIVE SOIL # . Q � sdwsvr>rs f/2 S4C K S,4W SLURRY'94CXFXL � a 7t # ° s ACCEP7FO NATIVE 64C'FKFIIL Tff LRE C"OWAOTEV TO 34V: Apr NOTES: T.. NEW PAVEMENT THICKNESS SHALL BE T INCH BELOW THE EXISTING TO A MdkXIM UM, OF 19 INCHES, i UNLESS OTHERWISE APPROVED BY THE CITY ENGINEER:. 2'. ASPHALT CONCRETE. SHALL BE 3-PC70—TD_ TACK COAT SHALL BE APPLIED PER LATEST EDITION OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (GREENSOOK.). 3. RUSHED ASPHALT CONCRETE SHALL BE CZ—Pt 70k 14, 2" THICK AtNG PX VED' FLUSH WITH+ADJACENT PAVEMENT WITHIN SAME DAY AS NEW AC. PLACEMENT, 4. DAMAGED AND UNDERMINED PAVEMfE14T SHALT: BE REMOVED' BY SAW CUTM4G FUEL. DEPTH, PARALLEL TO TRENCH AND REPLACED WITH ASPHALT CONCRETE PER ABOVE AT NO COST TO THE CITY. S_ FOR CONCRETE STREETS THE MUTH OF CONCRETE TO BE REPLACED SHALL EITHER BE FROM COLD J0114T LINE TO COLD JOINT LINE OR APPROVED TRENCH WIDTH WITH CONCRETE DOWELS (WOL #4 BARS) PLACED EVERY 3 FT STAGGERED. 6. IF THE. SAWCUT LINE IS 3 FEET OR LESS FROM GLITTER LINE OR COLEY JOINT THE:A.C. PAVEMENT OR CONCRETE SHALL BE REMOVED TO GUTTER LINE OR COLD JOINT. 7. ALL TRAFFIC SIGNAL LOOPS, DOTS, LANE LINES, PEDESTRIAN LINES. AND OTHER PAINTED MARKINGS ARE 70 BE REPLACED IN KIND BY THE CONTRACTOR. S. AN ENCROACHMENT PERMIT SHALL BE OBTAINED FROM THE CITY OF VERNON COMMUNITY SERVICES AND WATER DEPARTMENT � PRIOR TO ANY ENCROACHMENT OR CONSTRUCTION WITHIN A CITY OF VERNON RIGHT—OF—WAY. S. THE CONTRACTOR SHALL OBTAIN AN UNDERGROUND SERVICE ALERT TICKET AND OBTAIN A CALIFORNIA COMMIStON OF OCCUPATIONAL SAFETY AND HEALTH (DOSH) PERMIT IF THE TRENCH IS GREATER THAN 5 FEET DEEP PRIOR TO THE COMMENCEMENT OF WORK. I I0. THE CONTRACTOR IS RESPONSIBLE FOR FURNISHING AND MAINTAINING ALL TRAFFIC CONTROLS AND SIGNAGE PER THE LATEST VERSION OF THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MLITCD) OR THE CALIFORNIA JOINT UTILITY TRAFFIC CONTROL MANUAL (CJUTCM) DURING ENTIRE PROJECT. t I. NO STOCK PILING OF CONSTRUCTION MATERIALS OR EQUIPMENT SHALL BE ALLOWED OVER NIGHT IN THE PUBLIC RIGHT—OF—WAY UNLESS APPROVED BY THE CITY ENGINEER. 12. ALL NECESSARY STEEL PLATES SHALL BE PROVIDED AT THE JOB SITE PRIOR TO ANY REMOVALS. PLATES SHALL BE SKID RESISTANT, RESTRAINED AND RAMPED WITH A.C. COLD MIX. 13. ALL TRENCHES SHALL BE BACKFILLED WITH 1/2 SACK SAND SLURRY UNLESS OTHERWISE APPROVED BY THE CITY ENGINEER. 14. THE CONSTRUCTION SHALL COMPLY WITH CITY STANDARDS AND THE GREEN BOOK. ,,C,I-5t-t. - . TYPICAL TRENCH PAVING SECTION Z L STANDARD PLAT! V2 2 6 4 a z CRY OF VERNON, CAUFORNW COMMUNITY SERNCES&WATER DEPARTMENT —Sol OCTOBER 2006 SHEET 1 OF 2 AN VMIm WIO 3 f 4 11L CZ—PG 70—Ia 8—PIG 70-10 PAVEMENr PAVEMENT SAWCUT LINE..\ 2- �_SS4WCUT LINE ff tl l I� tIIItlIFilEI M i MIF,IIIt I s I tr1tI41.11 EXISTING PAVEMENT VA�1E5 € I� IEPIIfIEIIIIP� Cl `'� II III IIIIIIIII if!!IIIIIIWaI �„ � i�lE'T: f'rl��;E,It; • F � lt.t ,, i kt't`srFE?F' EXISTNW 54sE_.� Af f EXISTING NATIIVE 4 VAP i P12 SACX .SAND SL UI Ffi Y 34CKFILL PFE QJS4 W W W wx .¢ Q PIPE PIPE SEDOING�p �. { ' ti OTES: PEA GRAVEL i 1 i' tti�SEE C44,U I I ' r t. NEW P'AVLFA4tlIP THICKNESS SHALL 8E 1 INCH BELOW THE EXISTING, TO A RIdXIM1llAi OF t0 TENCHES, i UNLESS OTHERWISE APPROVED BY THE CITE' ENGINEER. 111 2 ASPHALT CONCRETE SHALL BE B-PG70-tD. TACX COAT SHALL BE APPLIED PER LATEST EDIT" of THE i STANDARD SPECIFICATIONS FOR PUBLIC 11 MS, CONSTRUCTION (GREENUOOK). 3. FINISHED ASPHALT CONCRETE SHALL BE CZ-PG7D-tQ, r'THICK AND PAVED FLUSH WITH ADJACENT PAVEMENT WITHIN SAME DAY AS NEW A.C. PLACEMEEFI':. 4. DAMAGED AND UNDERMINED PAVEMENT SHALL BE REMOVED BY SAW CUTTING FULL DEPTH PARALLEL TO TRENCH AND REPLACED WITH ASPHALT CONCRETE PER ABOVE AT NO COST TO' THE CITY. 5- FOR CONCRETE STREETS THE WROTH OF CONCRETE TG BE REPLACED, SHALL EITHER BE FROM COLD JOINT LINE TO COLD JOINT; LINE OR APPROVED TRENCH WDTH MTH CONCRETE DOWELS (MIN. #4 BARS) PLACED EVERY 3 FT STAGGERED: &. IF THE SAWCUT LINE IS 3 FEET OR LESS FROM, GUTTER LINE OR COLD JOINT THE AC. PAVEMENT OR CONCRETE SHALL BE REMOVED TO GUTTER LINE OR COLD JOINT. 0 7. ALL TRAFFIC SIGNAL LOOPS. DOTS, LANE LINES. PEDESTRIAN LINES, AND OTHER PAINTED MARKINGS ARE TO BE REPLACED I IN KIND BY THE CONTRACTOR. S. AN ENCROACHMENT PERMIT SHALL BE OBTAINED FROM THE CITY OF VERNON COMMUNITY SERVICES AND WATER DEPARTMENT PRIOR TO ANY ENCROACHMENT OR CONSTRUCTION WTTHINs A CITY OF VERNON RIGHT-OF-WRY. g. T14E CONTRACTOR SHALL OBTAN AN UNDERGROUND SERVICE ALERT TICKET AND OBTAIN A CALIFORNIA COMMISION OF OCCUPATIONAL SAFETY AND HEALTH (RUSH) PERMIT IF THE TRENCH IS GREATER THAN 5 FEET DEEP PRIOR TO THE COMMENCEMENT OF WORK. k TO. THE CONTRACTOR ;S RESPONSIBLE FOR FURNISHING AND MAINTAINING ALL TRAFFIC CONTROLS AND SIGNAGE PER THE LATEST f VERSION OF THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTTCD) OR THE CALIFORNIA JOINT UTILITY TRAFFIC CONTROL MANUAL (CJUTCM) DURING ENTIRE PROJECT. 11. NO STOCK PILING OF CONSTRUCTION MATERIALS OR LUUIPMLNI SHALL BE ALLOWED OVER NIGHT IN THE PUBLIC RIGHT-OF-WAY UNLESS APPROVED BY THE CTIY ENGINEER. 12. ALL NECESSARY STEEL PLATES SHALL BE PROVIDED AT THE JOB SITE PRIOR TO ANY REMOVALS. PLATES SHALL BE SKID RESISTANT, RESTRAINED AND RAMPED WITH R.C. COLD MIX. 13. ALL TRENCHES S14ALL BE BACKFILLED WM4 1/2 SACK SAND SLURRY UNLESS OTHERWISE APPROVED BY THE CITY ENGINEER. 14. THE CONSTRUCTION SHALL COMPLY WITH CITY STANDARDS AND THE GREEN BOOK. TYPICAL TRENCH PAVING SECTION REtII5fUNS FOR SEWER LATERAL m> STANDARD PLAN V2 2 6 4 ••�^'^°> WY Of L£nr ,, GUP M14 ,R ,. iCONWM,r-'0?WEY:WArEx aSrvrlMOw _ SHEET ET 2 OF 2 ocmmw 2" STREET SLOPE LESS THAN 4% GUTTER TRANSITION GUTTER TRANSITION � � RIDGE it FLOW FLOW LINE n ti gTR GR NE STR CR ' , 15, _ (1800 mm }5 A6tl0 mm 1 # 1* ;4500 mm 90a mm tboo m PROPERTY LINE itL C€ _ WNUS V(50 mm) SCR mo) rip SCFt E E pm tp FOUR EQUALLYTTER CLUTT1r4 �' 7 It dp SPACED DQNELS Ira w o — FOR CONTACT ttExp ;r ExP JOINTS—SEE NOTE 4 4' TYP[CAL CROSS CUTTER PLAN (100 mm). STREET SLOPE LESS THAN 47 LCNCITUDINAL. CUTTER STREET SLOPE 47. OR GREATER STREET CENTERLINE.-� FLOW Ii4E ECR Ew 2101 11 7MOP€117y Iry S (w m-) LE LINE GU TER LEWL TYPICAL. CROSS CUTTER PLAN; SECTION A—A STREET SLOPE MORE. THAN 4 V law hym) �,. ( enrr4 (Memm +*d+r 25 mrn) I 900 mm mm) am "R, mm) PIP ■ . . • . EQUALLY SPACED LEVEL DOWELS FOR CONTACT JOINTS 4n (Ioo mm f SECTION B-B SECTION C-C SECTION a-D � j STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION PROMULGATED BY THE STANDARD PLAN PUBLIC WORKS STANDARDS INC.GREENBOOK COMMITTEE CROSS AND LONGITUDINAL GUTTERS 122-2 1984 REV. 1996, 2009 USE WITH TANDA D SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION I SHEET 1 OF WEAKENED PLANE JOINT OR OPTIONAL CONTACT JOINT PER NOTES 1, 2 AND 3 WEAKENED PLANE JOINTS PER NOTES 1 AND 2 � 1 o. r4 x w 15' (4500 mm JOINT NEEDED WHEN m ECR W = 46' (14 m) OR MORE 5 CROSS GUTTER WEAKENED PLANE JOINTS 5. mm) PER NOTES 1 AND 2-- (1500 mm) TYP GUTTER TYPICAL. JOINT PLAN NOTES: 1. WEAKENED PLANE AND/OR CONTACT JOINTS SHALL BE PLACED IN CURB AND GUTTER AT LOCATIONS SHOWN ON THE TYPICAL JOINT PLAN HEREON. 2. WEAKENED PLANE JOINTS SHALL BE PLASTIC CONTROL JOINTS OR 1-1/2" (40 mm) DEEP SAW CUTS. CONCRETE SAWING SHALL TAKE PLACE WITHIN 24 HOURS AFTER CONCRETE IS PLACED. 3. DOWELS FOR CONTACT JOINTS SHALL BE #4 BARS 18" LONG (#13M BARS 450 mm LONG). 4. PLACE A WEAKENED PLANE OR CONTACT JOINT WHERE LONGITUDINAL ALLEY GUTTER JOINS CONCRETE ALLEY INTERSECTION. 5. ALL EXPOSED CORNERS ON PCC GUTTERS SHALL BE ROUNDED WITH 1/2" (15 mm) RADIUS. 6. CONCRETE SHALL BE INTEGRAL WITH CURB UNLESS OTHERWISE SPECIFIED. STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANDARD LAN CROSS AND LONGITUDINAL GUTTERS 122-2 IWPI LOCATION TIE I °I------------ ------------la I SURFACE t-CENTER SUPPORT FOR t FLOWLINE-% -- N� MULTIPLE GRATES JB -STEPS ------------- SURFACE 'rowAFL.fF6Nit.ENE� 4" 5 mm) R , PLANs 4` f rttm R 0 P) ---FRAME: AND GYRATING y pP ) r '=FTNIiSHED SURFACE - - - -- -s- CENTER SUPPORT FOR MULTPPLE GRATE'S wENTE?Y SUPPORT FOR( + t u"_TIPLc 17RATES ' t [ E a , E I W I av 0 I OPTIONAL ROQ3GFkENEG? CONSTRUCTION JOINT - OP'TrONAL. (TYPICAL) ' SUBGRAtIE: CONNECTOR PIPE OR ACH SECTION A—A SECTGQ B—B MONOLITHIC OS N C NNECTIO STRUCTURAL DATA WALL AND SLAB DIMENSIONS AND REINFORCEMENT REQUIREMENTS NO. OF MAX RE6NFORCEIVENT GRATES : t FOR WALLS AND SLABS 1-2 4" 1.2 m 6" (150 mm) 1-2 1 8' (2.4 m' 8" 20€€1 mm NOT REQUIRED 1-2 10` 3.0 m) 10' 250 mm 1-2 12' (3.5 m) 10' 250 mm' REQUIRED 3-4 j 4' 1.2 m 6' (150 mm) 3-4 7' 2.0 m) 8" (200mm) NOT REQUIRED 3-4 8` (2.4 m) 8" (200 mm) 3-4 12` 3.5 m 10" (250 mm REQUIRED 5-6 4' 1.2 m 6" (150 mm) NOT REQUIRED 5-6 6' 1,8 m 8" (200 mm) 5-6 8' 2.4 m 8 .200 mm 5-6 12' 3.5 m 10" (250 mm) > 6 4' (1.2 m) 6" 150 mm) REQUIRED > 6 8` 2.4 m) 8" 200 mm > 6 12' 3.5 m) 10" (250 mm) STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION GRATING CATCH BASIN-ALLEY STANDARD PLAN PROMULCAMO BY 7HE PUBLIC WORKS STANDARDS, INC., 304-3 OREENBOOK COMMITTEE 1984 LONGITUDINAL REV. t992, 7998, 2008 USE WITH -MANDARD SPECIFICATIONS N Q TE'S: 1. ALL CURVED CONCRETE SURFACES SHALL BE FORMED BY CURVED FORMS, AND SHALL NOT BE SHAPED BY PLASTERING. 2. ONE GRATING IS REQUIRED UNLESS OTHERWISE SHOWN ON THE PLANS. 3. FLOOR OF BASIN SHALL BE GIVEN A STEEL TROWEL FINISH AND SHALL HAVE A LONGIIUUINAL AND LATERAL SLOPE OF 1: 12 MINIMUM AND I:3 MAXIMUM, EXCEPT WHERE THE SURFACE GRADE EXCEEDS 8%, IN WHICH CASE THE LONGITUDINAL SLOPE OF THE FLOOR SHALL BE THE SAME AS THE SURFACE GRADE, SLOPE FLOOR FROM ALL DIRECTIONS TO THE OUTLET. 4. DIMENSIONS: B = Y-6, (1.0 m) VU- THE DEPTH AT THE UPSTREAM END OF THE BASIN AND SHALL BE DETERMINED BY THE REQUIREMENTS OF NOTE 3, BUT SHALL NOT BE LESS THAN 2.5' (750 mm), Vt- THE DEPTH AT THE INVERT OF THE INLET. NOTED ON THE PLANS. W = Z-11 318" (9GO mm) FOR ONE GRATING; ADD X-5 3/'S" (TO5f mm) FOR EACH, ADDITIONAL GRATING., A = THE ANGLE, IN DEGREES, INTERCEPTED BY THE CENTERUNE OF THE CONNECTOR PIKE AND THE CATCH BASIN WALL TO WHICH THE CONNECTOR PIPE IS ATTACHED. 5. PLACE CONNECTOR PIPES AS INDICATED ON THE PLANS. UNLESS OTHERWISE SPECIFIED, THE CONNECTOR PIPE SHALL BE LOCATED AT THE DOWNSTREAM END Of THE BASIN. WHERE THE CONNECTOR PIPE IS SHOWN AT A CORNER, T14E CENTERUNE OF THE PIPE SHALL INTERSECT THE INSIDE CORNER OF THE BASIN. THE PIPE MAY BE CUT AND TRIMMED AT A SKEW NECESSARY TO INSURE MINIMUM Y (.80 mmf PIPE EMBEDMENT" ALL AROUND, WItTHI N THE CATCH EIASiN WALL, AND 3- (75 mm) RADIUS OF ROUNDING OF STRUCTURE CONCRETE, ALL AROUND, ADJACENT TO Ph E ENL:S- A MONOUTHIC CATCH BASIN CONNECTION SHALL BE USED To ON THE CONNECTOR PIPE TO THE CATCH BASIN! WHENEVER ANGLE 'A' IS LESS THAN 70' OR GREATER THAN 110'" OR WHENEVER THE CONNECTOR PIPE IS LOCATED IN A CORNER. THE OPTIONAL USE OF A MONOLITHIC CATCH BASIN CONNECTION IN ANY CASE IS PERMITTED. MONOLITHIC CATCH BASIN CONNECTIONS MAY BE. CONSTRUCTED TO AVOID CUTTING STANDARD LENGTHS OF PIPE. 6. STEPS SHALL BE LOCATED AS SHOWN, IF THE CONNECTOR PIPE INTERFERES WITH THE STEPS, THEY SHALL HE LOCATED ON THE OPPOSITE WALL AT' THE. CENTERLINE OF THE DOWNSTREAM GRATING- STEPS SHALL BE BE SPACED, 12" (300 mml APART. THE TOP STEP SHALL BE 7" (175 rrtm BELOW THE TOP OF THE GRATING AND PROJECT 2 1/2" (65 mm)- ALL OTHER STEPS SHALL 30JEC7 5" "130 mml. 7. THE FOLLOWING SPPWC ARE INCORPORATED HEREIN: 308 MONOLITHIC CATCH BASIN CONNECTION 309 CATCH BASIN REINFORCEMENT 311 FRAME AND GRATING FOR CATCH BASINS 635 STEEL STEP 636 POLYPROPYLENE PLASTIC STEP STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANDARD PLAN GRATING CATCH BASIN-ALLEY (LONGITUDINAL) 304-3 1 SHEET 2 OF 2 EXISTING RCP (t MAIN LINE STORM DRAIN EXISTING RC BOX STORM DRAIN CLASS C MORrAP 4A 1 45' PLAN CHIP PIPE TO SURFACE OF CONCRETE AND ROUND, EDGES CONC PIPE 4*r CONIC PIPE SUPPORT PIPE ACROSS EACPTH TRENCft WTH 450—C-20,00 (265—C-14) CONCRETE BACKFILL. SEE NOTE 3 -MINIMUM BEARING SURFACE — 00/2 r SECTION 8-8 CASE I SECTION _C-1rC PLAIN CONCRETE PIPE D 2*' (600 mm) MAX (1011) Gram) MW VARIES ro suT CLASS C WORTAP SADDLE SADDLE 0" (20C mrr) VAX PLAN SECTION CASE 2 SADDLE CONNECTION STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION VANDARD r-(,A74— MIA MI ocowl TrAwAmm If"t PIPE CONNECTIONS TO met-wow cvwmMw TING STORM DRAINS Imf EXIS 335-2 Ntv. Its* mo USE WITH STANDARD SPECIFICARONS F0R Pu-Fur,'WORKS CON RUC ON I t MAIN LINE- EXISTING RC BOX STORM DRAIN EXISTING RCP STORM DRAIN - LA 45- If CLASS C MORTAR d, PL A OR Rcp 30. Rcp 1 It RCP CSP OR RCP UNDISTURBED, EARTFf L CORRUGATED STEEL C -S 7A� C BAND NEEDED AND CONNECTOR SUPPORT PIPE BAND CONNECTOR ACROSS TRENCH, CS NEEDED FOR RCP) *'TH; 450-C-2000 � 5-C-14) CONCRETE BACKFILi- SEE NOTE 3 13URN OR CUT PIPE TO SURFACE OF CONCRETE AND ROUND EDGES OF FZCP SECTION E-E OPTIONAL Z RECTANGULAR COLLAR I Fq- :�t DIAMETER OF CSP IN M GAGE 115' (375 mm, - 2," (525 _MINIMUM BEARING 24' (600 mm) SURFACE = OD/2 SECTION F-F CASE 3 RCP OR CSC' D = 24" (600 mm) MAX STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANDARD PLAN PIPE CONNECTIONS TO 335-2 EXISTING STORM DRAINS SHEET 2 OF 3 T 2010 REVISED STANDARD PLAN RSP A87A *�,' '' W.yCd WaSOrm-M!m"a�OM nA'FOm0�0 VS ¢� W I f 41�eOe��ff1 pr�opp O v 0��f1��.pp- O P O i�mpp�C ` � UZ O�Q 0 0 0 0 0 0 0 0 0 0 0 0 0 JO �F � o 0 UQ Ill ! Qm r ` us �¢ Y� � Q 1 I if It �A .i Q..s-et t=z = cr Ld a tia- E t EEE S ttt _< �[up. h too CL 4-5 � •� � <;� € gym. � �" l _ 1 I� y !L _ Q 4 W o ® m co o � c'�i� omoLm v odg,�2'o W m� Yew � Y NOTICE INVITING BIDS For Fire Department Regional Training Center, Phase 2 Contract No. CS-0671 in the City of Vernon, California Bids are to be signed and submitted in TRIPLICATE. ONE ORIGINAL AND TWO COPIES of sealed bids must be received prior to 2:00 p.m.,Thursday, September 1,2016, by the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, ("Bid Deadline"). All bids shall be enclosed in sealed envelopes, distinctly marked "Bid"with the title of the bid and the bidder's name address appearing on the outside. Mail sufficiently early or deliver in person before 2:00 p.m. on the day listed in the Notice Inviting Bids. Bids must be received in the City Clerk's Office before that time. At the bid opening, the City Clerk shall open bid packages and acknowledge the receipt of Bids. Once all bid packages are opened and announced,the Bid Forms will be made available for public review. NO LATE BIDS WILL BE ACCEPTED The bids shall be clearly titled. Copies of the Bid Documents, Plans and Specifications are available at no charge at the Public Works, Water and Development Services Department Counter, City of Vernon, 4305 Santa Fe Avenue, Vernon, between 7 a.m. and 5:30 p.m., Monday through Thursday. A non-refundable fee of$20.00 will be charged if mailing is requested by calling(323) 583-8811. Pre-Bid Meeting: A pre-bid meeting to answer any questions regarding the project plans and specifications is scheduled for Monday,August 22,2016 at 10:00 a.m. in the Public Works Water and Development Services Department,4305 Santa Fe Avenue, Vernon, California. This meeting is to answer any questions regarding the project plans and specifications. Attendance is not mandatory. City of Vernon Contact Person: Lissette Melendez, Associate Engineer Phone: (323) 583-8811 ext. 246 Facsimile: (323) 826-1435 Email: Ielendez@ci.vernon.ca.us Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bidder fails to meet the essential requirements for qualification. General Scope of Work: Contractor shall furnish labor, materials, equipment, services,and specialized skills to perform work involved in the Project. The Work in the Bid is defined in the Project Drawings and Specifications and will generally include the following: Scope of Work consists of clear and grub, sawcut and removal of existing AC pavement, excavation, earthwork and grading, construction of PCC curb and curb& gutter, PCC longitudinal gutter, PCC pavement, adjust utility covers to grade, furnish and install gravel, construct PVC storm drain, Rainstore infiltration system or approved equal, grate inlets and grate inlet skimmer box and landscape and irrigation. The work shall be done in accordance with Contract No. CS-0671 Specifications; "Greenbook" Standard Specifications for Public Works Construction (2015 Edition), State of California _ Department or i m ransportation (Caltrans) Standard Plans (2U 1 U Edition) and the State of California Department of Transportation(Caltrans) Standard Specifications (2010 Edition). In the event of any conflicts,the Contract Specifications shall prevail. Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the essential requirements for qualification. As part of the Bidder's Statement of Qualifications, each Bid must establish that: Bidder satisfactorily completed at least three (3) prevailing wage public contracts in California; each comparable in scope and scale to this Project, within two (2)years prior to the Bid Deadline and with a dollar value in excess of the Bid submitted for this Project. Other Bidding Information: 1. Number of Contract calendar days: 45 calendar days 2. Amount of Liquidated Damages: $1,500 per calendar day 3. Intentionally omitted. 4. Intentionally omitted. 5. Bidding Documents. Bids must be made on the Proposal Form contained herein. 6. Intentionally omitted. 7. Time of Completion. This Work must be completed within 45 calendar days from the date of commencement as established by the City's written Notice to Proceed. 8. Acceptance or Rejection of Bids. The City reserves the right to reject any and all bids,to award all or any individual part/item of the bid, and to waive any informalities, irregularities or technical defects in such bids and determine the lowest responsible bidder, whichever may be in NOTICE INVITING BIDS CONTRACT NO.CS-0671 NIB 1 the best interests of the City. No late bids will be accepted, nor will any oral, facsimile or electronic bids be accepted by the City. 9. Contractor's License. At the time of the Bid Deadline and at all times during performance of the Work, including full completion of all corrective work during the Correction Period, Contractor must possess a California contractor's license or licenses, current and active, of the classification required for the Work, in accordance with the provisions of Chapter 9, Division 3, Section 7000 et seq. of the Business and Professions Code. In compliance with Public Contract Code Section 3300, the City has determined that the Bidder must possess the following license(s): Class A, General Engineering Contractor License from the California State License Board. The Bidder will not receive a Contract award if at the time of submitting the bid, the Bidder is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active. If the City discovers at the time of the Bid Deadline that Contractor is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active, the City may reject the Bid, cancel the award, declare the Bid Bond as forfeited, keep the Bid Bond's proceeds, and exercise any one or more of the remedies in the Contract Documents in addition to those provided by law. 10. Subcontractors' Licenses and Listing. Bidders must list each Subcontractor whom the Bidder must disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and the Bidder must provide all of the Subcontractor information that Section 4104 requires (name, address, license number, and portion of the Work). An inadvertent error in the license number will not be considered nonresponsive if it is corrected within 24 hours after the bid opening. In addition, the City requires the Bidder to list the dollar value of each Subcontractor's labor or services. The City reserves the right to review and disqualify any proposed Subcontractor. The City's disqualification of a Subcontractor does not disqualify a Bidder. In such case,prior to and as a condition to award of the Contract,the successful Bidder shall substitute a properly licensed and qualified Subcontractor—without an adjustment of the Bid Amount. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor's license must be current and active for the portion of the Work listed and shall hold all specialty certifications required for such Work. 11. Permits, Inspections, Plan Checks, Governmental Approvals, Utility Fees and Similar Authorizations. Contractor shall apply for NO-FEE Permits. City of Vernon shall obtain all Governmental Approvals, utility Fees and permits required for the construction of the project. Contractor shall coordinate with the City for all required inspections. 12. Bid Forms and Security: Each Bid must be made on the Bid Forms obtainable at the Department of Public Works, Water and Development Service. Each Bid shall be accompanied by a cashier's check or certified check drawn on a solvent bank, payable to "City of Vernon," for an amount equal to five percent(5%) of the total maximum amount of the Bid. Alternatively, a satisfactory corporate surety Bid Bond for an amount equal to five percent(5%) of the total maximum amount of the Bid may accompany the Bid. Said security shall serve as a guarantee that the successful Bidder will, within fifteen (15) calendar days after the date of the award of the contract, enter into a valid contract with the City for said Work in accordance with the Contract Documents. 13. Bid Irrevocability. Bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. NOTICE INVITING BIDS CONTRACT NO.CS-0671 NIB 2 14. Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of securities for withheld funds is permitted in accordance therewith. 15. Prevailing Wages. This Project is a"public work" as defined in California Labor Code Section 1720. Contractor awarded this Contract and all Subcontractors of any tier shall not pay less than the minimum prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Work. The Director of Industrial Relations of the State of California, pursuant to the California Labor Code, and the rates determined by the California Director of Industrial Relations are available online at www.dir.ca.gov/DLSR/PWD/. 16. Payroll Records. Pursuant to S13 854, Contractor and any Subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner(aka Division of Labor Standards Enforcement). 17. Annual Fee to the Department of Industrial Relations (DIR). Pursuant to Labor Code 1725.5, Contractor and any Subcontractors who bid or work on this project with the City must register and pay an annual fee to the DIR. This project is subject to compliance monitoring and enforcement by the DIR. Carlos Fandino City Administrator Dated: 8/9/16 (Authorized by City Attorney) Published: 8/11/16 NOTICE INVITING BIDS CONTRACT NO.CS-0671 NIB 3 City of Vernon Instructions for Bidders Project: Fire Department Regional Training Center Phase 2 Contract No. CS-0671 For the Department of Public Works, Water and Development Services City personnel with whom prospective bidders will deal with are: Lissette Melendez, Associate Engineer, Department of Public Works, Water and Development Services, 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Ext. 246. Bid opening date and time: 2:00 p.m., Thursday, September 1,2016 ("Bid Deadline") Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058 The bid must be received by the City Clerk prior to the time set for bid opening. A bid received by the City Clerk after the time set for the bid opening is a non-responsive bid and shall not be considered. GENERAL BID REQUIREMENTS To be considered, a bidder must strictly follow the format for bids in the specifications. Bids must be binding and firm. Any bids may be withdrawn before bid opening, but bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 1. CONTRACTORS LICENSE The Bidder must possess a valid State of California Contractors License in the classification(s) specified in the Notice Inviting Bids at the time of the Bid Deadline and at all times during the performance of the Work, except as otherwise provided in California Business and Professions Code Section 7028.15. 2. INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND ADDENDA A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of any part of the Bidding Documents, or who finds discrepancies, errors or omissions therein or who finds variances in any of the Bidding Documents with applicable law, such Bidder shall at once submit a written request for an interpretation or correction thereof to the City's representative identified in the Notice Inviting Bids, or other designated individual. All Bidders shall submit such written requests to City not less than ten (10) calendar days prior to the Bid Deadline. The person or entity submitting the request shall be responsible for its prompt delivery to City's Contact Person identified in the Notice Inviting Bids. INSTRUCTION TO BIDDERS CONTRACT NO.CS-0671 ITB 1 Any interpretation or correction will be made only by Addendum issued by the City and a copy of such Addendum will be delivered to all Interested Bidders of record. Any Addenda so issued must be acknowledged in the Bid and the cost of performing Work described in the Addenda shall be included in the Bid. Bidder's failure to acknowledge receipt of all Addenda may result in rejection of the Bid as nonresponsive. No person is authorized to render an oral interpretation or correction of any Bidding Documents and no Bidder may rely on any such oral interpretation or correction issued by the City. The City shall not be responsible for any other explanation or interpretation of the Drawings or Specifications, or for any oral instructions. City reserves the right to extend the Bid Deadline by issuing an Addendum to Interested Bidders no later than 72 hours prior to the Bid Deadline. Bidders shall use complete sets of Bidding Documents in preparing Bids; City shall not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. B. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued and the Bidder shall acknowledge their receipt in the Bid. 3. OBTAINING DRAWINGS AND DOCUMENTS Bidder may secure Bidding Documents only from the location specified in the Notice Inviting Bids. City will maintain a list of persons who obtained a copy of these Specifications ("Interested Bidders"). Only Interested Bidders will receive Addenda, if so issued. 4. BID FORMS—SUBMITTAL A. The Bids shall be made on the forms provided herein with all blank spaces properly filled in. B. The phraseology shall not be changed, and no additions shall be made to the items mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions attached to a Bid will render it informal and may cause its rejection. All forms requiring specific information shall be completed with all applicable information for a Bid to be considered responsive. C. Include all Bid Forms, properly executed, and intact on forms provided. Enclose the Bid Forms in a sealed envelope; type or print on the envelope "BIDS for" followed by the title and Specification Number and the date and time of the Bid Deadline, and the Bidder's name and address. The envelope may be mailed, hand delivered, or delivered by courier or package delivery service. D. One Original Bid and two copies shall be hand delivered, delivered by courier or package delivery service to the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058. INSTRUCTION TO BIDDERS CONTRACT NO.CS-0671 ITB 2 E. Bids received after the Bid Deadline or at any place other than the Office of the City Clerk will not be considered. 5. BID FORMS—AUTHORIZED SIGNATURES A. The full name, business address, zip code, and business telephone number, with area code of the individual, partnership, joint venture, or corporation submitting the Bid shall be typewritten or legibly printed on the Bid Forms. The Bidder shall sign the form with his/her usual wet ink signature. B. Sole Proprietorship: An individual shall sign. C. Partnership (General or Limited): A partner shall sign for a partnership; the partner shall give the names and addresses of all partners. D. Corporation: An officer shall sign for a corporation. The corporate name must be attested by the corporate seal. The names and titles of the president and all officers of the corporation who are authorized to sign the Bid Forms must be listed in an authenticated Incumbency Certificate signed by the corporate secretary. A signature other than a corporate officer's will be accepted only if an authenticated Incumbency Certificate is attached. E. Joint Venture: Bidders shall use the appropriate section(s) listed above in B-D, based on their applicable situation. 6. BID FORMS—SCHEDULE OF BID PRICES A. The Bidder shall include in his/her Bid price(s) any and all expense or costs that may be necessary to complete the project in accordance with the requirements of the Contract. The cost of all mobilization, preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the various project sites must be included in the various bid items, and no extra compensation will be paid to Contractor. B. The Bidder shall state for each item on the Schedule of Bid Prices form, in clearly legible figures, the Base Bid, the alternates, and the unit price and item total or lump sum, as the case may be, for which he/she proposes to supply labor, materials, and equipment and to perform the Work. Bids must not contain any erasures, interlineations, strike-throughs or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure or correction the initials of the person(s) signing the Bid. If any Bid, or portion thereof, is determined by the City to be illegible, ambiguous or inconsistent, City may reject such a Bid as being non-responsive. C. In the case of a unit price item, the amount set forth, as the item total shall be the product of the estimated quantity times the unit price Bid. In the event of a discrepancy between the unit price Bid and the item total, the unit price shall prevail; however, if the unit price is ambiguous, unintelligible, or uncertain for INSTRUCTION TO BIDDERS CONTRACT NO.CS-0671 ITB 3 any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. D. All requested Alternates, if any, shall be Bid. See the Schedule of Bid Prices for more information and the list of Bid Alternates, if any. If no change in the Base Bid is required, enter"No Change." 7. BID SECURITY A. Each Bid shall be accompanied by cash or a cashier's check or a certified check, drawn on a responsible bank doing business in the United States payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as a principal and a California admitted surety company (as defined by California Code of Civil Procedure §§995.120 and 995.311) as surety ("Bid Security"). B. All bonds must be issued by a California admitted surety insurer with the minimum AM Best Company Financial strength rating of "A:VII" or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. C. Bid Security shall be in an amount not less than 5% of the Base Bid. Any Bid submitted without Bid Security will be rejected as non-responsive. The Bid Security shall be given as a guarantee that the successful Bidder will execute the Contract and will provide the insurance, bonds and other required forms within fourteen (14) calendar days after award of the Contract. Bidders will be entitled to return of Bid Security except when a successful Bidder forfeits its Bid Security. A forfeit may occur, for example, if the successful Bidder withdraws its Bid prior to the expiration of ninety (90) calendar days after award of the Contract; attempts to withdraw its Bid when the requirements of Public Contract Code § 5101 et seq. are not met; or refuses or fails to execute the Contract and provide the required bonds, insurance or certificates within fourteen (14) calendar days after award of the Contract. In any one or more of these events, if City awards the Contract for the Work to the next lowest responsible Bidder, the amount of the original lowest Bidder's security shall be applied to the Contract Price differential between the lowest Bid and the second lowest Bid. Any surplus will be returned to the original INSTRUCTION TO BIDDERS CONTRACT NO.CS-0671 ITB 4 lowest Bidder. If the City rejects all other Bids presented and re-advertises, the lowest Bidder's Bid Security may be used to offset the City's cost of re- advertising and receiving new Bids. In that case, the surplus if any, will be returned to the original lowest Bidder. D. The Bid Security shall be held for ninety (90) calendar days after the award of the Contract or until posting by the successful Bidder of the payment and performance bonds, proof of insurance, return of executed copies of the Contract and necessary certification(s), whichever first occurs, after which time the Bid Security will be returned to all Bidders. E. If a Bid Bond is to be submitted, Bidder shall use the form entitled "Bid Bond" contained in the Bidding Documents, which Bid Bond shall be properly executed and acknowledged by the Bidder and by a corporate surety authorized to transact such business in the State of California. F. Any alteration of said form of Bid Bond, or imperfection in the execution thereof, as herein required, will render it informal and may, at the option of the City_ , result in the rejection of the Bid under which the Bid Bond is submitted. 8. BIDDER'S AND SPECIALTY CONTRACTORS' STATEMENTS OF QUALIFICATIONS A. Each Bidder shall be required to complete, execute and submit with its Bid, the form entitled "Bidder's Statement of Qualifications." All information required by a Bidder's Statement of Qualifications shall be completely and fully provided. If no information is to be filled in a blank space, then write "none." Any Bid not accompanied by a Bidder's Statement of Qualifications form completed with all information required may render the Bid non-responsive. If the City determines that any information provided by a Bidder in the Bidder's Statement of Qualifications is false or misleading, or is incomplete so as to be false or misleading, the City may reject the Bid submitted by such Bidder as being non- responsive. B. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the contract documents. In selecting the lowest responsible Bidder, consideration will be given not only to the Bidder's financial standing but also to the general competency of the Bidder for the performance of the work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public buildings for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder's experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, and other factors which could affect the Bidder's performance of the work. INSTRUCTION TO BIDDERS CONTRACT NO.CS-0671 ITB 5 9. DESIGNATION OF SUBCONTRACTORS A. Subcontractor Listing. On the Designation of Subcontractors form, the Bidder shall list each Subcontractor whom the Bidder must disclose under the Subletting and Subcontracting Fair Practice Act, Public Contract Code Section 4104. The Bidder shall provide: each Subcontractor's name, the trade and type of work that the Subcontractor will perform, the location (address) of the Subcontractor's place of business, each Subcontractor's license number, and the dollar value of each Subcontractor's labor or services. If additive Alternate Bid Items are included in the Bidding Documents, the Bidder shall identify each Subcontractor performing additive Alternate Bid Items, when such Work — or the combination of base Contract Work and Alternate Work—exceeds one-half of one percent of the total Bid Amount. B. Subcontractors' Licenses. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor shall possess a current and active California Contractor's license appropriate for the portion of the Work listed for such Subcontractor, and hold all specialty certifications required for such Work. C. Disqualification of a Subcontractor. The City has the right to review the suitability and qualifications of any Subcontractor proposed by the Bidder. As part of this review, the City may request a Bidder to submit additional information about one or more of the listed Subcontractors—including, but not limited to—a statement detailing the Subcontractor's experience with pertinent information as to similar projects and other evidence of the Subcontractor's qualifications. If requested, the Bidder shall provide the information to the City within the time specified in the City's written request. After due investigation, if the City has a reasonable objection to any proposed Subcontractor, the City may, before giving the notice of award, require the apparent successful Bidder to submit an acceptable substitute. The City's disqualification of a Subcontractor does not disqualify a Bidder. However, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor without an adjustment of the Bid Price. D. Work of Subcontractors. The organization or arrangement of the Specifications and Drawings do not limit the extent of the Work for the Contract Documents. Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings and other Contract Documents to all persons or entities submitting sub- bids to the Bidder. The omission of any portion or item of Work from the Bid or from sub-bids, which is reasonably inferable from the Contract Documents, will not be a basis for adjustment of the Contract Price or the Contract Time. E. Ineligible Subcontractors. The successful Bidder is prohibited from performing Work on the Project with any Subcontractor who is ineligible to perform work on a public works project pursuant to California Labor Code Sections 1777.1 or 1777.7. In submitting its Bid, the Bidder certifies that it has investigated the INSTRUCTION TO BIDDERS CONTRACT NO.CS-0671 ITB 6 eligibility of each and every listed Subcontractor and has determined that none is ineligible to perform work pursuant to the above code provisions. 10. CONTRACTOR'S NONCOLLUSION AFFIDAVIT A Noncollusion Affidavit in the form provided by the City shall be signed under penalty of perjury, certifying that the Bid is not the result of and has not been influenced by collusion. Bidder shall submit this form with its Bid. Any Bid made without such affidavit, or believed to be made in violation of the requirements set forth in the affidavit form, may be rejected. 11. INSURANCE REQUIREMENTS The Bidder shall submit to its insurance company or insurance agent the Insurance Requirements in this Specification and the Contract Documents. The insurance company's underwriter or agent must complete the Insurance Requirements documentation which states that the insurer's underwriter or agent will furnish the City with the required insurance documents within fourteen (14) days after the Bidder's having been notified of the Contract's award. The Bidder shall submit this form with its Bid. Any Bid made without this statement, or made with an incomplete statement, may be rejected. 12. EXAMINATION OF DRAWINGS, SPECIFICATIONS,AND SITE OF WORK A. The Bidder shall examine carefully the site of the Work contemplated and the Drawings and Specifications. The submission of a Bid will be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of Work to be performed and materials to be furnished, the difficulties to be encountered, and to the requirements of the Drawings, Specifications, and other Contract Documents. The Bidder shall ascertain the locations of the existing utility services, and other underground facilities, and provide for carrying out its operations so as to cause the minimum possible inconvenience to the occupants of properties along any streets affected. All Work and costs involved in the safeguarding of the properties of others shall be at the expense of the Bidder to whom the Contract may be awarded. B. The Bidder hereby certifies that it has examined the local conditions, has read each and every clause of the Contract Documents, and that it has included all costs necessary to complete the specified Work in its Bid prices, and the Bidder agrees that if it is awarded the Contract, it will make no claim against the City based upon ignorance of local conditions or misunderstanding of any of the provisions of the Contract. Should the conditions turn out otherwise than the Bidder anticipated, the Bidder agrees to assume all risks incident thereto. 13. PRICES AND PAYMENTS Approximate quantities listed in the Schedule of Bid Prices are estimates given for INSTRUCTION TO BIDDERS CONTRACT NO.CS-0671 ITB 7 comparing Bids, and no claim shall be made against the City for excess or deficiency therein, actual or relative. Payment at the prices agreed upon will be in full for the completed Work and will cover materials, supplies, labor, tools, equipment, and all other expenditures incident to a satisfactory compliance with the Contract, unless otherwise specifically provided. 14. PERMIT FEES All City issued permits required for the construction of the project shall be no-fee permits. Bidder shall exclude the cost of Permit Fees from Bidder's Base Bid sum. 15. SUBSTITUTIONS Bidders wishing to obtain City's authorization for substitution of any material, device, product, equipment, fixture, form, or type of construction shall submit all requests for substitution, including all data necessary to demonstrate acceptability, a minimum of ten (10) calendar days prior to the Bid Deadline. Approval of any such substitution shall be made in writing by the City. Bidders shall refer to the appropriate provisions in the General Conditions for additional requirements for substitutions. In the absence of a written Addendum prior to the Bid Deadline or a Change Order approving the request after Contract award, a request for substitution shall be deemed denied. 16. RETURN OF IMPROPER BIDS Bids submitted after the Bid Deadline are non-responsive and shall be returned to the Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted Bids shall not be considered unless the Notice Inviting Bids expressly permits such means of transmittal. 17. WITHDRAWAL OF BIDS Bidder may withdraw its Bid either personally or by written request any time prior to the scheduled Bid Deadline by notice to the City's Contact Person designated in the Notice Inviting Bids. If such notice is written, it shall be signed by the Bidder and shall be date- stamped and time-stamped by the City upon receipt. Withdrawn Bids may be resubmitted before the Bid Deadline provided that they are in full conformance with these Instructions to Bidders. Once submitted, all Bids are irrevocable, except as otherwise provided by law. Requests for withdrawal of Bids after the Bid Deadline shall be made only in accordance with California Public Contract Code § 5100, et seq. Bidder agrees by submitting a Bid that such Bid shall remain open, is irrevocable, and may not be modified, withdrawn, or cancelled for a period of ninety (90) days after award of the Contract. 18. OPENING AND EVALUATION OF BIDS A. Bid Opening and Tabulation. The Bids shall be opened and read in public after the Bid Deadline has expired at the time and location listed in the Notice Inviting Bids. A tabulation of all Bids received will be available for public inspection at INSTRUCTION TO BIDDERS CONTRACT NO.CS-0671 ITB 8 the Office of the Director of Community Service & Water, 4305 Santa Fe Avenue, Vernon, CA during regular business hours for a period of not less than thirty (30) calendar days following the Bid Deadline. The City reserves the right to accept or reject any or all Bids and be the sole judge regarding the suitability of the products, services or supplies offered; and/or to waive any irregularities or informalities in any Bids or in the bidding process. The City further reserves the right to purchase all or fewer than all items or quantities of each item listed in the Bidding Documents. The award of the Contract, if made by the City, shall be to the lowest responsive and responsible Bidder. If Bid Alternate Items are called for, the lowest Bid shall be determined according to Paragraph 20 below. B. Evaluation of Bids. 1. Mandatory Qualifications. A Bid shall be rejected as non-responsive if the Bidder fails to document in the Bid that Bidder meets the essential requirements for qualification described in the Notice Inviting Bids. As part of the Bidder's Statement of Qualifications each Bidder must establish that it, as the current entity: (1) has successfully completed at least three (3) similar projects involving similar work within the last three (3) years with a cost equal to or in excess of the Bidder's Bid; and (2) has successfully completed at least three (3) public works projects. 2. Responsive Bid. A responsive Bid is a Bid which conforms, in all material respects, to the Bidding Requirements and Contract Documents. 3. Responsible Bidder. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the Contract Documents. 4. Competency of Bidders. In selecting the lowest responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of the Bidder for the performance of the Work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public works for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder's experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, safety record and protocols and other factors which could affect the Bidder's performance of the Work. 19. AWARD OF CONTRACT The City reserves the right to reject any or all Bids and to waive any or all information or technical defects, as the interest of the City may require. Award of Contract or rejection of Bids will be made by the City within ninety (90) calendar days following the Bid INSTRUCTION TO BIDDERS CONTRACT NO.CS-0671 ITB 9 Opening. 20. BASIS OF AWARD A. A Contract will be awarded to the lowest responsive and responsible Bidder meeting all requirements set forth in these Bidding Documents. B. City reserves the right in its sole discretion to select any, all, or none of the Bid Alternates at the time of award of the Contract, regardless of whether such Bid Alternates were used in the analysis to determine the lowest Bid. 21. EXECUTION OF CONTRACT Within fourteen (14) calendar days after being notified by City that it has been awarded the Contract, Contractor shall deliver to the City the following documents: A. Three (3) copies of the Contract in the form included herein, properly executed by Contractor and, if Contractor is a corporation, evidence of its corporate existence and that the persons signing the Contract are authorized to do so. All signatures must be notarized. B. Properly executed copies of the (a) Performance Bond (b) Labor and Material (Payment) Bond and (c) Maintenance Bond in accordance with the requirements set forth in Article 13 of the General Conditions and in the form shown on Exhibits 1, 2 and 3 attached thereto. All signatures must be notarized. C. Properly executed policies of all of the following: (a) the Commercial General Liability Insurance, (b) the Automotive Liability Insurance, and (c) Professional Liability, if required, and (e) the corresponding endorsements for each policy in accordance with the requirements set forth in Article 12 of the General Conditions. In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for the State of California, or on days when City Hall is closed, the aforesaid documents shall be delivered by the following Working Day. After receipt of said documents within said time period or any extension thereof granted by the City, the City shall execute the Contract and return one (1) of said three (3) copies to Contractor for its files. 22. PUBLIC RECORDS City seeks to conduct its business openly. Except as set forth in paragraph 8.A., upon opening, all Bids shall become a matter of public record and shall be regarded as public, with the exception of those elements of each Bid that are identified by the Bidder and plainly marked as "trade secret," "confidential," or "proprietary," including any Statement of Qualifications and financial statements to be submitted by Bidders. Each element of a Bid which a Bidder desires not to be considered a public record must be INSTRUCTION TO BIDDERS CONTRACT NO.CS-0671 ITB 10 clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents, or other, non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If City receives a request from a third party to make a Bid available for inspection and copying, the City will notify the Bidder of the request. If a Bidder instructs the City that the information is not to be released, City will withhold the information, provided, the Bidder expeditiously seeks a protective order from a court of competent jurisdiction to prevent such release. If disclosure is required under the California Public Records Act or otherwise by law (despite the Bidder's request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof. Bidder shall indemnify, defend (including Bidder's providing and paying for legal counsel for City), and hold harmless City, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, costs, or expenses arising out of or alleging City's refusal to publicly disclose one or more records that Bidder identifies as protectable, or asserts is protectable. 23. PREVAILING WAGE RATES AND EMPLOYMENT OF APPRENTICES A. Prevailing Wage Rates. The Bidder and all Subcontractors shall utilize the relevant prevailing wage rate determinations in effect on the first advertisement date of the Notice Calling for Bids in preparing the Bid Proposal and all component price quotations, provided, however, that when Davis Bacon wage rates apply, such rates are subject to increase by written notice, issued by Addendum not less than 10 calendar days before the Bid Deadline. Pursuant to California Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California and the United States Secretary of Labor have determined the general prevailing wage rates in the locality in which the Work is to be performed. Said rate schedules are available on the Internet at www.dir.ca.govIDLSRJPWD%. The wage rate for any classification not listed, but which may be required to execute the Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. To comply with California Labor Code Section 1773.2, Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall also comply with the requirements of California Labor Code Sections 1773 et seq. B. Apprenticeship Committee Contract Award Information. Pursuant to California Labor Code § 1777.5 and Title 8 of the California Code of Regulations § 230, Contractor and Subcontractors of any tier who are not already approved to train by an apprenticeship program sponsor shall, within ten (10) calendar days of signing the Contract or subcontract, as applicable, but in any event prior to the first day in which Contractor or Subcontractor has workers employed on the Project, submit the Public Works Contract Award Information form (DAS Form 140) to the appropriate local apprenticeship committees whose geographic area of operation include the area of the Project and who can supply apprentices to the INSTRUCTION TO BIDDERS CONTRACT NO.CS-0671 ITB I I Project. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. C. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract or subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. D. Notice to Subcontractors. Bidders shall notify all potential Subcontractors submitting price quotations for portions of the Work of the requirements concerning payment of prevailing wage rates, payroll records, hours of Work, and employment of apprentices. 24. SPECIAL CITY REQUIREMENTS Special City forms and their instructions are an integral part of these specifications and failure to submit same may be grounds, in the sole discretion of the City, for rejection of any Bidder. A. Living Wage Ordinance and Prevailing Wage Where Applicable. Contractor, and Subcontractors, if any, shall comply with the terms and conditions of Ordinance No. 1187, the City's Living Wage Ordinance. Upon request, certified payroll documents shall be provided to the City. If there is a difference between the Vernon Living Wage rates and the California Prevailing wage rates for the same classification of labor, Contractor and subcontractor shall not pay less than the highest wage rate for that classification. B. Equal Employment Opportunity in Contracting. The City of Vernon is committed to a policy of equal opportunity in contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. Contractors expressly agree to comply with the City's ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting the Contract. Contractor certifies and represents that during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, religious belief, color, national origin, citizenship, ancestry, disability, sex, age, medical condition, pregnancy, sexual orientation or marital status. Contractor certifies that it will not maintain any segregated facilities. INSTRUCTION TO BIDDERS CONTRACT NO.CS-0671 ITB 12 Contractor shall comply with all applicable Federal and California laws including, but not limited to, the California Fair Employment and Housing Act (California Government Code Section 12900, et seq.), California Labor Code Section 1735, and The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). Contractor shall require like compliance by all Subcontractors employed on the Work. 25. BID PROTEST PROCEDURES A. Any Bidder submitting a Bid directly to the City and eligible for award of the Contract may file a protest if the Bidder complies with all of the following requirements and conditions: 1. The Bid protest is in writing; 2. A protest based upon alleged defects or improprieties in the Contract Documents is filed with the City prior to the Bid Deadline; 3. All other protests are to be filed and received by the City no more than five (5) calendar days following the City's notice of intent to award the Contract; and 4. The written Bid protest sets forth, in detail, all grounds for the Bid protest, including without limitation: all facts, supporting documentation, legal authorities, and argument in support of the grounds for the Bid protest. All factual contentions must be supported by competent, admissible, and credible evidence. B. Any matters not set forth in the written Bid protest will be deemed waived. Any Bid protest not conforming to the foregoing requirements and conditions will be rejected by the City as invalid. C. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder's submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal, state, and local laws. [END OF DOCUMENT] INSTRUCTION TO BIDDERS CONTRACT NO.CS-0671 ITB 13 ,y 1 �j 9 1 BtWNG FORMS—ADDENDUM NO.I BIDDER'S PROPOSAL The undersigned submits this Bid in response to the Notice Inviting Bids issued by the City to construct the Work of the following Project in accordance with the Contract Documents: PROJECT- Fire Department Regionat Training Center,Phase 2, Contract No.CS-0671 A. Enclosed herewith and by this reference incorporated herein and made a part, of this Bidder's Bid are the following cGirnpieted forms: I, Bidder's Proposal 2, Schedule of Bid(Prices 3. lacumbency -Certificate 4. Bid Security in the following form(check cnej: E]Cashier's Check L-1 Certified,check jBid Bond 0,cash, 5.., Bidder's Statement.of Qualiffications B. Experience Form 7. Statement of Violations of Federal,State or Local Law,if apoicabIlle & Contractor Safety Questionnaire 9. Designation of Subcontractors '16, Contractor's Affidavit of Noncotfusion 11'. Insurance Requirements Affidavit 12. Statement of Disqualification or Debarment, 11 Pre-Bid Site Inspection Certification. B Acknowledgment of Addenda. The Bidder shall acknowledge the receipt of all Addenda by attaching a signed copy of all Addenda,and by listing all Addenda received and attached in the space Wow. If an Addendum or Addenda have been issued by the City and not attached and noted above as being received by the Bidder,the Bid may be rejected, C Inspection of the Work and Contract Documents. Bidder certifies that it has carefully examined and is fully familiar with all of the provisions of the Bidding Documents and said Bidding Documents contain sufficient 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 condition 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. BF 1 of 35 BIDDING FORMS—ADDENDUM NO. 1 Bidder aiso 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 ofJhproposed Work for your firm: Name: oSe left Date of Inspection i Title: re_5 i J��4 Name: Date of Inspection Title: D. Bidder agrees that all costs of Work shown in the Bidding Documents, including work reasonably inferable therefrom and necessary thereto, are included in his/her Bid. All Work shown in the Contract Documents for which a specific line item is not provided in the Bidding Form is included in the Bidder's Total Base Bid Price, E. Forfeiture of Bid Security. Bidder further agrees that, in case of his/her default in executing the required Contract and the required bonds, or furnishing the required insurance, the money payable under the Bid Security accompanying this Bid shall be applied by the City towards payment of the damage to the City on account of such default,as provided in the Bidding Documents, F, Period of Irrevocability. Bidder agrees that this Bid shall remain open and shall not be withdrawn for a period of not less than ninety (90) calendar days from the date of award of Contract, or until rejected by the City, whichever period is shorter. G. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder's submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability,claims, demands, damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal,state,and local laws. The Bidder declares that neither he/she nor any member of his/her firm or corporation is an officer or employee of the City of Vernon. I hereby certify.under penalty of perjury under the laws of the State of California that the representations made herein are true and correct. I ,I� Executed this � day of "2(1p at _ , T� City State Bidder's Proposal Respectfully Submitted, BF 2 of 35 BIDDING FORMS-ADDENDUM NO. I NAME OF BIDDER COMPANY ONAK a-ckjl S NAME: ADDRESS: 7 CONTACT PERSON: TELEPHONE NUMBER, L92(�,) ?)39 —(-00Vq0 FAX NUMBER:.-1�Q;) ?)S9 —(0k-Tt E-MAlL: PLajj�,a b�'c�T Q%A�V�!Lr)M J ar4&CIOK4 CALIFORNIA STATE CONTI RACTOR'S LICENSE NUMBER-. EXPIRAT10N DATE: TAX,IDENTIFICATliON NO.; 364 q-S SURETY COMPANY, K L —1 All Bid!forms must be signed where so,inditafed try.the person.,or persons d1uly authorizea to sign on behalf of the, Bidder.By signing the Bid,the,pew in signing is deemed to represent that he or she has authority to,bind the Bidder. Failure to sig n the B"Iddef"s Proposal may invalidate the Bid, BIDDEWS PROPOSAL-SIGNATURE(S)- Form at Entity of Bi Idder: - PIlease check the appropriate signature block below and fill in all related Informatim. Solle Proprietorship: By:---- . — Tiffe, Printed nano of person signing Signature List all d1b4s., Partnership: E-1 General Partner E3 Limited Partner By: Title: Printed name of person signing Signature BF 3 of 35 BIDDING FORMS Corporation: IL-gm iBWwe, 1134-2— By: e��ier�x/ JKteAe,2 Corporate Officer Title: Vi'jr-Q- -Frinted'name of person signing *7 Corporate Seal CO4� Signature FlJoint Venture: E] Corporation F-1 Partnership E3 individual 0 Other By: Title: Printed name of person signing Signature Name of all Joint Venturers:, [it the Bidder is a coirporafian of a limited liability company,enter state or county of incorporation in,adaftim to the business address and include an incumbency ceffificate execu',ed,by a Secretary thereof in te form set.forth herein. tisting each officer with signing autharity and hi her corresponding office. If the Bidder is a partnership or,jolinit 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, und& ,he Bid; and under any contract arising therefrom. Attach evidence to the Bid Proposal Form that the iindividual,sign ing has authority to do so] BF 4 of 35 1 i I i CaTRTRACTOF5,1NC' i i 14838 BLEDSOE STREET SYLMAR, CA 91342 PHONE: (818) 838-6040 • FAX: (818) 838-61.71 CONTRACTOR'S LICENSE #1005940 CLASS A•C8-C27 . DIR #1000033438 I f BOARD RESOLUTION OF FS CONTRACTORS INC. ADOPTED ON January 4, 2016 i i RESOLVED THAT: i 1. The following are the appointed Directors of FS Contractors, Inc. Jose Angel Fierros,President Salomon Fierros,Vice President Jose Ernesto Fierros,Secretary 2. The board of directors approves all the directors to execute contracts and agreements on behalf of FS Contractors, Inc. I i i Secretary's Certification: i I certify that this resolution was duly adopted by the board of directors of FS Contractors, Inc. at a properly noticed open meeting held on January 4,2.016. II { i T ; J Jose Ernesto Fierros,Secretary 1/4/16 BIDDING FORMS-ADDENDUM NO.I SCHEDULE OF BID PRICES PROJECT: Fire Department Regional Training Center,Phase 2,Contract No.CS.0671 BIDDER'S NAME: 'f-e� -Sxt'c' BASE BID Pursuant to and in compliance with your Notice frwitin.g.Bids and Contract Documents relating to the Project including all Addenda(attach signed copies), Bidder, having become thoroughly familiar VAth the terms and conditions of the Contract Documents and with local conditions affecting, the performance and the costs, of the Work at the place where the Work is to be dorm, hereby proposes and agrees to fully pedorm the Work within the time stated in Strict accordance with the Contract Documents,(fnctudiing the fumishkig,of any and all tabor, materials, tools, expendable equipment, and utility and transportation services necessary to fully perform the Work and complete it in a workmanlike manner)for the total Base Bid sum of: so Dollars ($ -2`4 Item Unit NoDes Quantity Units i Price Total Cost I BGNDt.NG,MOMLIZATION AND INSURANCE I LS Z0000.*: a 00 PREPARATION AND IMPLEMENTATION OF WATER 2 POLLUTION CONTROL PLAN I. LS L3000 P 3000 3 SAWCUT AND REMOVE EXISTING AC PAVEMENT.. 810 SF REPLACE IN KIND(MIN.4-) P 00 OL f zz'D CONSTRUCT PCC CURB(TYPE B1.41,PER CALTRANS STD 4 112 LF PLAN RSP A37A. e C/o- CONSTRUCT PCC CURB AND GUTTER(TYPE B24)PER 5 CALTRANS STD PLAN RSP A87& 257 LF CONSTRUCT PCC CURB(TYPE 0-4)PER CALTRAN STID PLAN RSP A87A, 125 LF 11500 7 CONSTRUCT PCC LONGITUDINAL(GUTTER(W=3'1 PER 244 LF SPPWC STD PLAN 122-2. CONSTRUCT 6"THICK PCC PAVEMENT WITH#3 BAR AT IT'O.C.BOTH DIRECTION. JOINTS SHALL BE SPACED AT 15,463 SF 16'MAX.MIX SHALL BE 560-C-3250. 60 7 SAWCUT AND REMOVE EXISTING PCC CURB AND 9 SPANDREL. 48 SF Z C) 6 0 10 ADJUST UTILITY COVER TO FINISHED GRADE. 4 tEA 60 0 -ZOO 0 FURNISH AND INSTALL GRAVEL(6"MIN)PER DETAIL NO. i o 11 1,SHEET NO.5. i 117 CY 60 -- BF 5 of 35 BIDDING FORMS-ADDENDOM NO, 1 CONSTRUCT PCC CURB ALONG EXISTING BLOCK WALL ]--------------------- 12 PER DETAIL NO.2,SHEET NO.5. 105 LF zoo " � ' ^ CONSTRUCT 6"PVC(SCHEDULE 80)DRAIN PIPE WITH 13 BEDDING PER CITY OF VERNON STD PLAN V2264. 165 LF Q FITTINGS PER PLAN. FURNISH AND INSTALL RAINSTORE3 INFILTRATION 14 SYSTEM BY INVISIBLE STRUCTURES OR APPROVED 2 e ®o EQUAL PER MANUFACTURERS SPECIFICATIONS AND PER y0000 DETAIL NO.1,SHEET NO.6. ` ��r CONSTRUCT PIPE TO EXISTING GRATE INLET STRUCTURE 15 PER SPPWC STD PLAN NO.335-Z 1 E� Z/00p=-� 0C)o Oro CONSTRUCT PIPE TO EXISTING RCP'PER SPPWC STD e 16 1 EA PLATY NO.335-2 CONSTRUCT 36'-A38"GRATE INLET,MODEL.36=8 BY17 2 �� BROOKS.PRODUCTS OR APPROVED EQUAL. k FURNISH AND INSTALL GRATE INLET SKIMMER BOX BY n 1 810-CLEAN ENVIRONMENTAL SERVICES OR APPROVED 3 EA � EQUAL, 19 CONSTRUCT TRENCH RELATER PER:CITY Of VERW)N STD j PLAN V2264. 86 BF ,� o�c o IMP 20 EARTHWORK(EXPORT) 379 CY 6 p!�-a® am 21 LANDSCAPE AND IRRIGATION 1 L� �� ; 7000 i 22 SURVEYING 1 LS •-• f � r � r I All other work items,labor,matehals,tools and incidentals which are not specifically listed in the above bid items, but are necessary to complete the project per specifications, and all other applicable standards and codes are considered to be included in the above bid items. If there is a discrepancy between(1)the"Grand Total" (Base Bid Sum)shown immediately above,(2)any of the"total costs"shown in the far right column above,or(3)the individual Unit Price,then the Unit price shall control over the total cost, and the total cost shall control over the total, If, however, the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or is the same amount as the entry for the item total,then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Bidder shall exclude the cost of Permit Fees from Bidder's Base Bid sum; Base Bid sum shall include the cost of administration and coordination of Governmental Approvals and Utility Fees. BF 6 of 35 BIDDING FORMS Re�"tfully subanifled: Iq na lyy, t re Address T[ti I O- Q!5q Date -71 hl It -7 License Number Date of Expiration �SFiAL.-I Bid is by a corporation) Aftest Amount.of Ceffed or Cashier's Check Gr Bid bard Narne Bondiag�Ccmp�ny BF 1 of 35 BIDDING FORMS-ADDENDUM NO.1 INCUMBENCY CERTIFICATE Print legibly the names and title of the president and all officers of the Company who are authorized to sign the Bid Forms: PRESIDENT'S&QFFICERS' NAME: TITLE: CS C)V!jD_M�k_ -L in U_ eis�keikt_ I The undersigned hereby I certifies to the City of Vern or that he/she is the duty elected and acting Secretary of CS (the"Companyl,and that,as such',helshe is authafted to execute this Incumbency Certificate on bet k of the Company, and further certifies that the, persons named above are,the duty elected,qualified and acting officers of,the Company,holding on the date hereef,ft fities and positions set forth, opposite their names and are authorized'to sign,the Bid Forms, IN WITNESS WHEREOF, the undersigned has executed this Incumbency Certificate this day of, 20 ji -4-,6�1i_e (2, Secretary's Name-Printed f Secretary's Signature BF 8 of 35 i BIDDING FORMS i i Bond No.:N/A Premium Amount: Included In BBSU Bond's Effective Date:September 1,2016 BID BOND RECITALS: 1. The City of Vernon,California("City"),has issued a Notice Inviting Bids for the Work described as follows: Specification No.CS-0671 : Fire Department Regional Training Center,Phase 2 in Vernon,CA.("Project"). 2. In response to the Notice Inviting Bids, F S Contractors.Inc. (Name,address,and telephone of Contractor) 14838 Biedsoe Street,Sylmar,CA 91342 (818)838-6040 ("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 RLI Insurance Company (Name,address,and telephone of Surety) 9025 N.Lindbergh Drive,Peoria,IL 61615 (309)692-1000 ("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 the Total Amount of the Bid Dollars( 5% 1 ('the Bonded Surn"), ?_ this amount comprising not less than Five Percent(51/6) of Principal's Base Bid, in lawful money of the United States of America. The California Licensed Resident Agent for Surety is: Preferred Bonding&Insurance Services,1800 McCollum Street,.Los Angeles,CA 90026 (Name,address,and telephone) Registered Agent's California Department of Insurance License No. OD69254 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--4 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 at seq., or any successor legislation, are not met; or (2) City awards Principal the Contract in response to Principal's Bid, and within the time and manner specified by the Specification or Contract Documents or— if no period is specified--within fourteen(14)calendar days after the Contract's award,Principal (a)signs and delivers to 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. i BF 9 of 35 BIDDING FORMS 4 Surety shall mail City written notice at least 30 days before. (a) the effective date on which the Surety will cancel, terminate or withdraw from this Bond;or(b)this Bond becomes void or unenforceable for any reason. On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representafive(s)under the authority of its governing body. Date: September 1,2016 PRINCIPAL: SURETY: F B Contractors Inc. RLl Insurance Comuenv ' {Camp K N�#4c: 1 QCc�mpanY ( " aiurrf y — (Signature) f l�Tar a Rica, Its-,_ L44 It S Rttorrrev tr-Fact (pied; (Title) Address for Serving Nis or Other Documents: Aftess Fier Ser Ang Notices or Other Do rnents: 1 14838 Bledsoe Street,SyWnar,CA 91342: 9025 N.Lindbergh Drive,Peoria,IL 61615 F--,-aRP#RME SEAL CORPORATE SEAL i C IIrI • FlVI EMUSFeE TTACHEDOFTHEALITHORITYCFANYPERSONSf r ASATTORNEY4N—FACT. • THEATTORNEY-IN-FACTSSA%ATUREMSTBENOTARtZ'ER • A CORPORATE SEAL MUST BE MPRESSEB ON VATS FORM WHEN THE PR11VC IpAL, OR THE SURETY OR BOTH,AREA CORPORATION BF10of35 CALMIKWO"ALL-PURKM ACKNOWLEDGMEW CIVIL COVE 6 1189 ------------- -- A notary public or other officer completing this certificate verifies only the identify of the individw who signed U. document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Caffmnia County of. Los Angeles On-sE.', 0 1 26 9 before me, Anget Nunez,Notary Public Date Here Insert Name and Tift-of the Offer' personally appeared Maria Rico /VWrWS)Of&*WN who proved to me, on, the basis of -satisfactory evidence to be the persono) whose narrv(p) W*6 subscribed to the within instrument wW acknowledged to, me that Wshe/tfty executed the same in WWhwItWw authorized capacity0m),and that by WW` signatur*)on the instrument the person(V), or the entity tapon behalf of which the person(d),acted,executed the Wmbumnt I certify under PENALTY OF PERJURY under the faws of the State of C, 4'tomia.that ft. .foregoing paragraph is true and correct. I WETNESS my,hand and W E L Signature Commission 214630 f a'f lVatary Notary Flubtfz- Califumia Los Angeles CGurity MIr 14,2020 Place Notary Seat Above OPTIC""L rhough this section is optional, completing this Wormation can deter alteration of Vee document or fraudulent reattachment of this form to an unintended document Description of Aftched Document Title or Type of Document: Document Date: Number of Pages: - Signer(s) Other Than Named Above. Capacilty(les)Claimed by Signer(s) Signer's Name: Signer's Name: M Corporate Officer- Title(s): r.Corporate Officer - ritle(s): C." Partner - Limited [J General OPartner - f.- Limited Ll General Individual IX-]Attorney in Fact 10 Individual 0 Attorney in Fact "Trustee E I Guardian or Conservator 0 Trustee U Guardian or Conservator Other: j Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association -www.NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) ltem#5907 RU ® POWER vEj F ATTORNEY «� RLI Insurance Company 9025 N.Lindbergh Dr.I Peoria,IL 61615 Contractors Bonding and Insurance Company Phone:(800)645-24021 Fax:(309)689-2036 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed,but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company,required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding:and Insurance Company,each Illinois corporations(as applicable),each authorized and licensed to do business in all states and the District,of Columbia do,hereby make,constitute and appoint: Patricia Zenizo„Margaret Rodriguez,Pietro Micciche,Elisabete Salazar,.Maria Rico,iointly or severally in the City of Los Aneeles ,State of' California ,as Attorney in Fact,with full power and authority hereby conferred upon hirn/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds„ undertakings,and recagniaanees in an amount not to exceed; Ten Million Dollars ( $10 fk41p"Q"'po for any single obligation. The acknowledgment and execuation of such bored by the said Attorney in Fact shall be as binding upon this Company as if m.ch bm,d had, been:executed and acknowledged by the regularly elected officers of this Company.. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable,, have each further certified that the following is a true and exact copy of the lees haion adopted by the Hoard of Directors of each such corporation,and,now in force,to-wit: "All bonds, policies, undertakings, Powers; of Attorney or other obligations of the Corporation shall be executed in: the corporate name of the Corporation by the President,secretary,,any Assistant Secretary,Treasurer,or,any Mice President;or by such other officers as the Berard of Directors may authorizes., The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys is Pact or Agents who shall: have authority to issue bonds, policies or undertakings in the name of the Corporations. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate j seal may be printed by facsimile or other electronic image."' IN WITNESS WHEREOF,RLI Insurance Company and/or Contractors Bonding and Insurance Company,as applicable,have caused these presents to be executed by its respective Vice President,with its corporate seal affixed this day of 1L. Aft ,, RLI Insurance Company oavaA, 'ry £� Contractors Bonding and Insurance Company ,.` R t s' SEAL.- s- = SEAL " =$,, ,• , = Barton W.Davis Vice President State of Illinois ) ... . . - Ss County of Peoria I CERTMCAT`E ! €7n this 24th day of June 2016 1, the undersigned officer of RLI Insurance Company, and/or before me, a Notary Public, personally appeared Barton W.Davis Contractors Bonding and Insurance Company, each Illinois who being by me duly sworn,acknowledged that he signed the above Power corporations,do hereby certify that the attached Power of Attorney is of Attorney as the aforesaid officer of the RLI Insurance Company andlor in fall force and effect and is irrevocable; and furthermore, that the Contractors Bonding and Insurance Company, and acknowledged said Resolution of the Company as set forth in the Power of Attomey, is instrument to be the voluntary act and deed of said corporation, now in force. In testimony whereof,I have hereunto set my hand and the seal of the RLI Insurance Co n n 3 and/or;,Coon�t�racto�rs s= and Insurance Company this day of. ALUMek RLI Insurance Company Jacqukine&I. Bockleri Notary Public ContraclurLjjon 'ng and In ranee Company A ,� "OFFICIAL SEAL" Barton W.Davis Vice President aueuc P JACQUELINE M.BOCKLER ,STATE OF, W; COMMISSION EXPIRES 01114118 0449553020212 A00591t5 BIDDING FORMS,ADDENDUM NO.I BIDDER'S STATEMENT OF QUALIFICATIONS ORGANIZATION 11 How many years has your organization been in business as a.Contractor? 1.2 How many years z has your organization been in business under its present.name? , 1.2.1 Under what other names has your organization operated? f5 C0N&'rZ-N-4UCN-iC)'-k- 13 if your argar-fization is a corporation amw the foflowivg: 1,31 Date of incorporalionforganization.- 1.3.2 State of incorporationlarganization: C�N k Eck. 1.3.3 Corporate ID number CZ _76o RkA 13.4 Name of President 1,3,5 Agent for Service of Process,, TA If your organi afian Is a partnership,answer the following: 14.1 Date,of orgartzationfiormatbn- 1.4.2 Type of partnership(if applicabfe)'. 1.43 Name(s)of!general partner(s): 1*4 List all states in which you are registered and state 0 numbers for each'. 1 1 1.5 it your organization is individually owned,answer the following, 1.5.1 Date of organization- 1.52 Name of owner: 1,6 If the form of your organization is other than those listed above,describe it and name the principals: BF 12 of 35 BIDDING FORMS-ADDENDUM NO 1 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 organizatfon's partnership or trade name is filed, 2.3 List any licensing suspensions andlor violations assessed against your ofganizatiorT within the past five years. 3. EXPERIENCE 31, List ft categories of Work that your or nizatlon aor—matly, performs with its own personnel. 3.2 On,the Experience Form,list the project it r-atlon ft.establishes that Bidder meets the essential requirements for qualifkatlon set forth in ft Mandatory Qualifications paragraph; of the Notice tnvb V� Bids for this Project. 33 On a separate sheet, Fat projects to which--, your firm or business has been awarded a govemment contract since your firm or tusiness.has been in existence(giving the name and address of the project,the government agency,contact name,and phone number.,the corm 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. CLAIMS;LAWSUITS;CRIMINAL ACTS For the following questions,the term'owner"does not include owners of stock in your firm K your firm is a publicly-traded corporation. 41 In the past five(5)years, have, you, your firm or any of its owners, partners, officers, or employees been a defendant in court, or participated in an arbitration or mediation, on a matter,related to: ti 0 4.1.1 The performance, non-performance, default, violation, or breach of a contract or agreement? 0 YES Ed/NO BF 13 of 35 C�NTaACTORS" i 14838 BLEDSOE STREET' • SYLMAR, CA 91342 PHONE: (818) 838-6040 • FAX: (818) 838-61.11 CONTRACTOR'S LICENSE 91005940 CLASS A-CS-C27 • DIR #1000033438 i i i City of Vernon Fire Department Regional Training Center Phase2 3.3 Projects awarded to FS Contractors, Inc. • Government Agency: Conejo Recreation & Parks District Contact Name: Andrew Mooney (805) 495-6471 Contract Amount: $326,772.82 Starting date: 02/19/2016 Ending date: 08/31/2016 t • Government Agency: City of Duarte Contact Name: Natalie Avila (909) 594-9702, Ext. 315 Contract Amount: $79,786.00 Starting Date: 03/01/2016 Ending Date: 08/02/2016 • Government Agency: City of Los Alamitos Contact Name: Dave Hunt (562) 431-3538 Contract Amount: $113,090.00 Starting Date: 03/31/2016 Ending Date: 08/23/2016 • Government Agency: City of Lynwood Contact Name: Laura Ochoa (310) 603-0220 Etx.810 Contract Amount: $85,228.08 Starting Date: 03/24/2016 Ending Date: 05/31/2016 BIDDING FORMS-ADDENDUM NO.1 4.1.2 A vehicle coffislor or accident involving your firm's employees? 1:1 YES d NO 4.13 Damage to real property arising out of your services or operations? Qf YES El NO 4.1.4 Employment-related litigation brought by an employee of your firm? V YES ❑ NO 4.1.5 Payment to a subcontractor or supplier'?' 0 YES EiNo 41.6 Defective,deficient,or substandard work? 0 YES F4(mo If the answer to any questions IFT 4.1.1 to 4,11.6 is YES,, identify the name of the person or entity that sued(i.e., "the p1afrAfff)or was iriva[Ved in,the mediation or arbitration; list the date,court,court address,and case number;describe the facts and circumstances giving rise to the lawsuit, medialion, or arbitration; and set forth the outcome or disposition, Attach,additlonat sheets as necessary. 4.2 Have you or your firm,ever filed a claim for damages.,or a lawsuit,or requested,,arbitration or mediation,against a government entity or a Cffeat? 0 YES G(No If YES,identify the government entity or client,list the date,court and case number; describe the facts and circumstances about the claim for damages,or the lawsuit,or both, and set,forth the outcome or disposition. Attach additional sheets as necessary. 4.3 Are there any pending or outstanding judgments or liens against you, your firm,or any of its owners,partners,officers,or employees? El YES E!(NO If YES,identify the name of the person or entity entitled to payment;list the date court and case number; describe the facts and circumstances giving rise to the judgment or lien; and set forth the amount of the judgment or lien. Attach additional sheets if necessary. 44 In the past five (5) years, has any government entity ever: (a) investigated, cited, disciplined, or assessed any penalties against you, your firm, or any of its owners, partners, officers,or employees,or(b)determined or concluded that your firm or any of its owners,partners,officers,or employees violated laws,rules,or regulations? ❑ YES an BF 14 of 35 I CO rRaCTORS,tiNc 14838 BLEDSOE STREET SYLMAR, CA 91342 PHONE: (818) 838-6040 • FAX: (818) 838-61/.1. i CONTRACTOR'S LICENSE 91005940 CLASS A-CB-C27 • DIR #1000033438 I i FIRE DEPARTMENT REGIONAL TRAINING CENTER, PHASE 2 CONTRACT NO. CS-0671 t 4. Claims; Lawsuits; Criminal Acts. 4.1 .3 Loss 6/20/15 Dade Goins Claim #75-904J-355 431 Virginia St. La Habra, CA Small fire started on front yard when doing saw cutting. The claim was reported to our General Liability. Our insurance is doing an investigation on it. 4.1 .4 Workers Comp Case Cristobal Hernandez Claim#201600668 Former Employee file a WC against the company. Claim was reported to our Workers Compensation. They are doing an investigation. BIDDING FORMS-ADDENDUM NO.1 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? CConvicteT includes a verdict of guilty by a judge or jury,a plea of guilty, a plea of nolo contendere,or a forfeiture of bait.)El YES d/N0 If YES,identify the government entity,,,list the date,court,and case t number,,,de .tribe the facts and circumstances,about each hstance;and set forth the,penalty or punishment imposed. Attach addlificnat,sheets as necessary. 4.6 in the past five(5),years,have you,your firm,or any of,ft,ownefs,partners,officers or employees been,convicted of a crime Involving embezztenw.t,theft,fraud,forgery, tobery,deceptive or unlawful business practices, perfury,falsifying or destroying records or evidence,or receiving stolen property, or rnakifllor submittIng a false claim? 011 YES W if YES,identify the crime or offanse,list:the date,court.and,case number-,describe the facts and circumstances about each Instance;and set forth file penafty or punishment imposed. Attach additional sheets as,necessary 47 Have you or,if Bidder is a corporation,any principal'of,the,corporation ever been convicted of a fefory? 0 YES �W. 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? 0 YES J NO If YES,identify the government entity,and describe the facts and circumstances about each instance. Attach additional sheets as necessary, 4,9 Have you or your company ever been charged by any governmental agency for failure to follow safety procedures? If YES, please explain.El YES dNO BF 15 of 35 BIDDING FORMS-ADDENDUM NO.1 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. 0 YES OKNO 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 rey,,0,izatiorT,? 0, YES 4 If YES, list the filing date,identify the court and case numloer describe the facts and circumstances giving r!se to each instance,and set forth the,d1spositiciiiT or current status, Attach z additional sheets as,necessary. 52. Iri, the past five (5) years, has your firm had an consdidaitions, mergers, acquisitions, clbsing,s,layoffs;or staff reductions? ED YES NO If YES,list the filing date,and describe the facts and circumstances about each instance. Attach additional sheets as necessary.. 5,1 (s your firm in the process of, of in negoffations toward: (a.) consolidabi% merging, sellli%I,or ckLvqj Its bossiness,or(b)Iaftg off empf yees.or reducing staff?' El YES 7 NO If YES,describe the transaction-,list the anticipated date for completing the transaction, Iaying off employees,or reducing staff,and describe the facts,circumstances, and reason for taking the action. Attach additional sheets as necessary. 6. BIDDING;DEBARMENT;CONTRACT PERFORMANCE 61, 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? D YES LJ, NO 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 entityls action against your firm. Attach additional sheets as necessary. BF 16 of 35 BIDDING FORMS-ADDENDUM NO.1 6.2. Has a government entity ever rejected your firm's Bid or Proposal on the ground that you or your firm is a"non-responsible'bidder or proposer? E3 YES J NO If YES,identify the name of the government entity,list the date,describe,the facts and circumstances about each instance, and state the reason or basis for the government entity's determining that your firm was a"non-responsible"bidder, Attach additional sheets as necessary, 6-3, Have you or your firm ever failed to fulfill or perform-either partially or completely- a contract or an agreement wf1b,a government entity or a client? 0 YES J NO If YES, identify the name of the government entity or client, list the date,, and describe the facts and circumstances,about each instance, Attach additional shireels as necessary, 6A, 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? El YES 4 No If YES, fist the dale, and describe the facts and circumstarces about each instance. Attach additional sheets as necessary, 6.5. Has your firm ever advised a government entity of 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 origi.nally submitted in a Bid or a F'roposal? 11 YES 41 NO If YES.fist the date,identify the name of the government entity or client,and describe the facts and circumstances about each instance. Attach:additionalI 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? El YES dNO 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, 67 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? El YES NO BF 17 of 35 BIDDING FORMS-ADDENDUM NO.I If YES, identify the name of the government entity or client,list the date,and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.8. Has a government entity or a client ever terminated,suspended,or non-renewed your firm's contract or agreement before its completion? , D YES 4mo If YES, identify the name of the government entity,list the date,and describe the facts and circumstances about each instance. Affach additional.sheets as necessary. 6.9. Has a., gownment entity of, a cliert ever notified or advised your firm that your firm's performance under a contract or agreement was poor, sub-standard, deficient, or nop- comphiant? 0!YES 1J NO If YES,identify the name of the government entity or client, list the date,and describe the facts and circumstances about each instance. Attach additional sheets as.necessary. 610, fa the past,five(5)years,has your firm paid,or has your firm i been assessed, liquidated damages on a court or agreement? 0'YES aNO If YES, identify al such cordractsiprojects by owner, owner's address,: the date of complefion, of the project, amount of riquid-atred damages assessed, and all other ifformagan necessary to fully explain.,the assessment or payment of liquidated damages.. Attach addWoraf sheets as necessary, 7. INSURANCE AND BONDS 7.1, In the past ten years,has an insurance company or a surety company: 71.1. Refused to insure your firm for liability coverage? El YES 4NO 7.112 Canceled or non-renewed your firm's in ur nce coverage? 0 YES NO 7,13, Refused to issue your firm a bond? 0 YES NO 7.14. Canceled or revoked a bond obtained by, y your firm? El YES 4NO BF 18 of 35 BIDDING FORMS-ADDENDUM NO i If the answer to any questions in 7 11 to T1.4 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, 72 in the past ten (101 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.? 0 YES GiNG if YES, idenlity each contract completed or amount of each claim, the name and telep1none,number of the daimant,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 peormance and/or payment bond is required by this bid, iden* the bonding company if, arrangements for the bond have been made; if not, Identify the bonding compwy for the ContracWr's most recent profect.- fi< # eA NON^1,11 i V" 8.2 ,Name and,address of agent Aft 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. I hereby certify under penalty of perjury under the laws of the state of California that the representation made herein are true and correct. Signature of Bidder �1- BF 19 of 35 LLJ d) (L) 0 OR o la- Ul to 0 0 F-- Z (ZIP < I LU (D C') 0 m CJ Li- 15 < 'Ar sa 2! r CY 41— Chi C> 0 CAI LU LU uj LU 07 ul C3 Lu Of 4D .0 ca w JZ) to cell 0 Z LU 'M 0 UL =1 Lij Cii O a- L—U LU cn 79 0 CL 0 2i w 0 cn 0� 0 m-2 Z— cm CL C) -0 .9 C14 BIDDING FORMS—ADDENDUM NO,1 CONTRACTOR SAFETY QUESTIONNAIRE Company Name: S CQ(,- k01 Primary Type of Work: C Person Completing Form: Xe 5 A cxk-os Title: cre-5t d c Phone Number: 9 3 9- Date. 9— 0 r- SAFETY PERFORMANCE 1 List your company's Interstate Experience Rating Modifier(ERN4)1 f&r the three most recent years. i N2- 1, 2Q f" 2 List your company's number of irtfunesfiffnesses frGm,your OSHA 300 k)gs for the three,most recent years. 20A-q--,2Q-I'S 20--Li- a. Fatalities '0 n b,- 0SHA recordatrleincidents c. Lost work day iRcidents (�)7 dl. Totall lost work days 0 e. TGtall hours worked. 19 0_ `IUpon req", from the City,the,contractor(s)shall provide copies of tare following items(a-g),and Items(d-g) for eact),listed Subcontractor a). OSHA 300,logs for the -most,recent three years e), Training Plans and current year-to-date b). Verification of ERR from your insurance carrier f)I. Training Certificates for Employees c). injury/Illness Report g). Emergency Response Training d). Complete written Safety Program Company Safety Contact: a. Name b. Phone C)Lt ERM=applies to workers'compensation policies.It compares the experience of this contractor to others of similar size,type and ratio.Used against annual premium.It has a direct correlation to how much the contractor pays in workers'comp premium. BF 21 of 35 BIDDING FORMS-ADDENDUM NO CONTRACTOR SAFETY QUESTIONNAIRE (continued) SAFETY PROGRAM SAFETY PROGRAM DOCUMENTATION le One a. Do you have a written safety pro ramp 7anyal? 1)Last revision date- INm O ts I ' f b. Do you have a written safety fleid manual? c. Are all workers given a booklet that contains work rules,, responsibilities, and other appropriate information? ye-s POLICY AND MANAGEMENT SUPPORT a. Do you have a safety poficy statement from art officer of tVo the company? b Do you have a d1sciptirwy process for enforcement Y No of your safety program? G Does management set corporate safety goeiIs,? No d. Does exectAilive management review: gAccidertt reports? No. ("Safety statistics? No Wfnspection reports? Aes No e Do,you,safety pre-qualify sub tractors? Yes f. Do you have a wfflen policy on accident reporting No and irvest.gation? g. Do you have a light-duty,retum-to-work poky? Y<N�, h. Is safety part of your superviso(s performance evaluation? No L Do you have a personal protective equipment(PPE)policy? Yes'No j, Do you have a written substance abuse program? 01. No If yes,does it include(check all applicable boxes), Pre-employment testing Return-to-duty testing Random testing Disciplinary process Reasonable cause testing Alcohol testing F1 Post accident testing El National Institute on Drug Abuse El Panel Screen k. Does each level of management have assigned safety No duties and responsibilities? BF 22 of 35 BIDDING FORMS-ADDENDUM NO.1 3. TRAINING AND ORIENTATION a. Do you conduct safety orientation training for each employee? No b. Do you conduct site safety orientation for every Yoe No person new to the job site? c. Does your safety program require safety training meetings? No for each supervisor(foreman and above)? How ufteit? [3 Weekly [?rMonthlyE]Quarterly E]Annually Other d, Do you hold tool boxftailgate safety meetings focosed or your specific work operations/exposures? yes'wo Ho'N ofter Weekty 0 Daily 0 Othef� e. Do you require equipment, operatiorilcertificatkm training? Yes 1P 4 ADMINISTRATION AND PROCEDURES a. Does your written safety program address administrative procedures? If yes,check which apply: Pre projectRask planning Emergency procedures Record keeping Y AuditsAnspectioris Sa"committees; 'dent iznvestgationslreporting:Rc HAZCOM Training documentation —Substance abuse prevention Hazardous work permits —Return-to-work Subcontractor prequalification b. Do you have project safety committees? Y No c, Do you conduct job site safety inspections? NO How oftep? Y Daily n Weekly n Monthly El Other Do these inspections includes a routine safety inspection of equipment(e.g.,scaffold,ladders,fire extinguishers,etc.)? � No d. Do you investigate accidents? 6y; No How arE)they reported? Total company d By superintendent By project El By project manager By foreman El in accordance with OSHA e, Do you discuss safety at all preconstruction and progress meetings? ;`Jo BF 23 of 35 BIDDING FORMS—ADDENDUM NO.1 f. Do g perform rigging an lifting checks prior to lifting76$. No ", F For personnel E Forequipment n Heavy tits cre than 10,000 tbs.) 5. WORK RULES a, Do you periodically update work ru es? When was the last update' Kc 1 1015 b Whagtork practices are addressed by your work rules? CP Rifirst aid Ff Acce&sentrances/stairs Barricades,,signs, Respiratory protection and signals, n sfasting E]Material hand1lingtsterage El Communications Temporary heat Compressed air and gases Vehicle safety Concrete work Traffic confti Ell Confined-space entry El Site visitor escorting Cranes/rigging and hoisting [VPublic protection, QI Electrical grounding Equipment guards and groundiin§ Environm entali controls and Monitoring equipment O%xipationai health Ji Ernergency,procedures Ftam.meble material!har'diiingitttorage, El Fire protection and!prevenfiorr, Site.smdation 0 Ffber and wall openings NITreactirtg and excavating F71 Fall protection LockouttTagout E]Housekeeping,. Enwgized/pressuirized equipment E]Ladders and!scaffolds Ej Mechanical equipment( El Pemnal,Protective equiprnent mairderancelpre-op checksl Todils,power and hand opefation, El Electrical power lines, Wefding and,cutting(hot work) Other & OSHA INSPECT[ONS a. Have youil been,inspected by OSHA in the fast three years? (:Yj)40 b, Were these Inspections in response to complaints? Y"@ c.Have you been cited as a result of these inspections.? Yee If yes,describe the citations(add additional sheets if necessary): BF 24 of 35 BIDDING FORMS-ADDENDUM NO I DESIGNATION OF SUBCONTRACTORS NAME OF BIDDER: C aw\q o_c`�dYS' -:s,\JLC- Each,Bidder must list, on the form provided an the next page,each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the Work or improvement,or a Subcontractor licensed in the State of California who, under subcontract to the Contractor, specialty fabricates and instaits 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 Contractors Base Bid Amount. Each Subcontractor must have an active and current tense, and aN,requisite specialty certifications,when listed. Bidder must provide the folloWng Information for EACH Subcontractor, 1. The name of the Subcontractor, 2, The trade and type of work that.the Subcontractor wilt.perform; 3. Location(address)of SubcontractVs Oace of business; A. Subcontractor's license number;and any specialty licenses,Wd 5. Dollar value of the,Work that the,Subcontractor will perform. Subletting or subcontracting of any pe ,rt=' 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 of necessity. It 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 discreffbin.,to(1)cancel this Contract,or(2)assess the Contractor a penalty in,an amount not more than ten percent(IG%.)of the amount of the subcontract involved, and,this penalty shail 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 himsefterself,and that he/she shall perform that Work himself/herself. If after award of Contract,the Contractor subcontracts any such Work,the Contractor will be subject to the statutory penalties. DESIGNATION OF SUBCONTRACTORS FORM IS ON THE FOLLOWING PAGE BF 25 of 35 LU n Cl F V> 0 IZ ® CED CL � � � [ CP 4L> <D El OL LLS 76 E E k LLJ ^ | CL cm 0 cu a) i BIDDING FORMS—ADDENDUM NO.1 i i 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; i 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 I set forth in Public Contract Code Section 4108; 5. When the Contractor demonstrates to the City that the name of the Subcontractor was listed as the 1 result of an inadvertent clerical error; i 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 17777 of the Labor Code;or 9. When the City determines that the listed Subcontractor is not a responsible contractor. B. Permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original Subcontractor listed in the original Bid,without the consent of the City. C. Other than in the performance of "change orders" causing changes or deviations from the original Contract, sublet or subcontract any portion of the Work in excess of one-half of one percent of the Contractor's Base Bid Amount as to which his/her original Bid did not designate a Subcontractor. Prior to approval of the Contractor's request for a Subcontractor substitution,the City shall give notice in writing to the listed Subcontractor of the Contractor's request to substitute and of the reason for the request. The notice will be served by certified or registered mail to the last known address of the Subcontractor. The listed Subcontractor who has been so notified shall have five (5) Working Days within which to transmit to the City written objections to the substitution, Failure to file these written objections shall constitute the listed Subcontractor's consent to the substitution. If written objections are filed, the City shall give notice in writing of at least five(5) Working Days to the listed Subcontractor of a hearing by the City on the Contractor's request for substitution. i 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 i the Contractor prior to the Bid Deadline. BF 27 of 35 i i BIDDING FORMS-ADDENDUM NO.1 QUESTIONNAIRE REGARDING SUBCONTRACTORS Bidder shall answer the following questions and submit with his/her Contract proposal, I Were bid depository or registry services used in obtaining subcontractors bid figures in order to compute your bid? Yes 0 Noo 2. if the answer to No. I is"Yes",please,forward a copy of the rules of each bid depository you used with this questionrTa4re. 3. Did you have any source of subcontractors`bids other than bid depositorleS7 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 orTe,or more bid.depositories? Yes E] No J�f 5. If,the,answer to No.,4 is*Yes",pj;ease expiaia the foilowing,&taifs: (a) Date- (b) Name of person or group::: (c) Jck involved (if applicable): (d) Ualure of the,th reats, (e), Ad1diit&a[comments: (Use addltionaf paper-if necessary) 3 Was a carsdous effort made to recruit or provide equall, opportunity for bids by 7nority or project area subcGntractors? Yes,D w. 7 VVas,a conscious effof t made,to recruit and hire,project area,lower-incom,e res'tents./ Yes El Ndal Please submit staterrieent.. B. We declare undL, penalty of peq.ury that the fioregoing is true and correct, Dated this day of, 20,NV . All of the above statements as to experience, financial qualifications, and ava,ilabte plant and equipment are submitted in conjunction with the proposal, as a part thereof, and the truftIrTess and accuracy of the Information is guaranteed by the bidder. I 11 (7s Name of ompan-Y By, er U Title: prltws i BF 28 of 35 81MIN0 FORMS CONTRACTOR'S AFFIDAVIT OF NONCOLLUSION STATE OF CALIFORN[A COUNTY OF C dE> irg first duly sworn, deposes and says: 1, That,heishe is the ViCe ompif a corporation„�soie owner," "Partner," or other proper Ttti)- of (hereinafter cafted "Contractor") who has submitted to the City of Vemon a Bid for the construction of the FIRE DEPARTMENT REGIONAL TRAINING CENTER,P14ASE 2,CS06-71-, 2. That said Bid is,genuine",that the same is riot sham,that.aft,statements of fact therein are true,, 3. That said Bid is not made in the interest or behalf of any person, partner,ship,company, association-,, organzizalion.,or=porafion riot named or disclosed; 4, That Contractor did not, directly or iadireclity induce, solicit, agree, collude, cwspire of contrive with anyone else to,submit a false or sham bid,to refrain;frown biddliagl,or withdraw h(Wher bid,to raise,of fix the,Bid price of Contractor or of anyone efse,or to raise,or ffx any ovefhekl prafft., or cost eLernent of Contractor's price or the price of anyone else,, and did not affem,pt to induce action prejudicial to the inteirests of the City of Vernon, or of arty other Bidder, or anyone efse, interested in the proposed Contract; 5 That the Contractor has not in any manner sought:by caltumn,to secure for himself an:advaptagee over any other Bidder* or Induce action pfejiudfciM to, the interests of the City of Vernon or of, any other Bidder,or anyofTe else interested in the proposed Contract 6. That the Contractor has not accepted,any bid from any Su,bcontractor-or material suppflef through any W depository, the bylaws, rules or regulations of wh& 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 Contractors Bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership,company,association,organization,bid depository,or to any member or agent thereof,or fir rn BF 29 of 35 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 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated this day of at C rt MonthNear City State Contractor (Please Print) —7:-f)�or�o�11 Contractof's,Signature vicp——�te fA T 1,Ife SEE ATTACHED CALIFORNIA JURAT WITH KANT' STATEMENT CONTRACTOR'S SIGNATURE MUST BE NOTARLZED. BF 30 of 35 CALIFORNIA JURAT WITH AFFIANT STATEMENT 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. 0 See Attached Document(Notary to cross out lines 1-2 below) a See Statement Below (Line 1 to be completed only by document signer(s),not Notary) .eur M il4csmm.L�.r Ma State of California County of Los Angeles Subscribed and sworn to(or, affirmed)before me on IsLda of SEPT'EMBER 2016 by --------SALOMON EIER.ROS ROJO-------------- (1) mml of& 7'sStcox Ot L 7' n sroa# ; 3 proved, to me on the basis of satisfactory evidence Wary PUMC-Gatffofnia i Loa Angaitfs Gcu to be the who eared before me. My Comm EVirpm Au j 28,.24t a 1 �� rson o appeared Signature A_ X' Signature of Notaay Fublk Race Notary Seat Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Top of thumb nere i ` I Type of Document: f Document Date: No.of Pages: Signer(s)Other Than Named Above: BIDDING FORMS-ADDENDUM NO 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. 1,the undersigned(Please check one boxy f' underwriter 1- 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(inctuding one or more Insurance certificates and additional insured endorsements) that fully meet all of the Insurance Requirements. sieffa Oak InswMee Services,,I= 0&31/2016 Name of Insurance Company Date Damjal Brock Insurance ance Agents Nam,e Insurance Agerirs Name, (signatu 970O.B113miless Farts D ive Address City State Zip Code 916-364-7390 916-364-7391 Ccrts@ciasuraaccR=i"om Tt**ofie Number FAX,Nkrmber Em*,l Address, Contractor's Name City Specificatiart Number BelOW State Me Name,Of tMUTWCe COMPaAY RoViding CoVeraqW DO NOT write"Will:Provide,'"To Be Detefm%1rmd,'"When Required,"of similar phrases. Tow Marine Speefay bs cc Amcifean Fire wd Cmuft CD. Commerclat GereTaf Liability Automobile Liability —In=Woo COMPMY Of the West Workers'Compensation Liability City Wilt Purchase Potty,It reQuired Builders Risk Pollution Liability [NOTE TO CONTRACTOR: See "insurance RequiremenW 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, arid/or if the Contractor fags 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 31 of 35 BIDDING FORMS-ADDENDUM NO.t i f LIVING WAGE COMPLIANCE CERTIFICATION i 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 Ist, 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 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. 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. 'IFS S I"C, will comply with the (Name of Company) r 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. k F - Nanw e-7^ (Title)`DI _ 41 ( ('Sigma re) (Date) i 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 32 of 35 i s I BIDDING FORMS-ADDENDUM NO.1 I ' CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES Purchasing&Payabies Division 4345 Santa Pe AvenueVernon,CA 90058 ` (323)583-8811 Fax(323)826-1433 s1J A Internet. www.cityofvernon.orp/depgrtmentslfnance e+� IFS { �wakr 4a * Article 1. Affidavit of Equal Opportunity Employment& Non-segregation(Form AA-1) Article ll. Vendor List Questionnaire(Forms AA-2&3) In order to be placed to the C ity's vendor list and be eligible to receive City business„you must provide the f6tlowing information except where indicated, as "optional." By submitting this forme you any declaring,under penalty of pedury under the laws of the State of C'afifdrnia and the lawns;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, religiom color., national origin, ancestry,disability,, sex or age., And, your ' limn does not and will not maintain, or provide for its employees any segregated facilities: at any of its establishments, and that it dozes not amd will not permit its employees to perfbim their services at any location,under its control„where segregated facilities;are:maintained'. Name of Company. T-S C Mk O f-S UBusinesss Telephone � � uvo� Address: ?tQ&:so e_ '" - ... Fax number. eta j 00 30, (optional) City &V State zip, I, Contact person _S0.S,G j mrani!i address Akt �'r +CJ++1��qCA015� StAx. (optional) Tags:ID Number(or Social Security Number) (4 1--- 3 6 L 5 36 Remit Address(if different), 5'0LV4-#- Ck,5 r.�If�tl� Please state clearly and concisely the type(s)of goods and services your company provides: The fallowing section is OPTIONAL and is for statistical reporting purposes only. Ownership(please check all that apply): African-American Asian Armenian Hispanic. dative American Disabled Female BF 33 of 35 I O 0 I&- En 0 ID Z? 0 I'Ll ski V) < s. CB C-'f in 0 ul .a Sul cf) ai > fA q 0 5, ca 0, C cc to co V 0 C4 42 C —CA �(u CIS r— V) E cn Cd m ILI Cd .a VV) :12 r. r 12 In 0 (U LU W, lot lz E E b Ee 0 .. 42 mo Ck 4ball V C4 E -C 0 U 73 0 49 u t A U O 5 0 C-6 0 I-I'l to f j i 0 f I# DEPARTMENT OF PUBLIC WORKS,WATER AND DEVELOPMENT SERVICES } 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 August 22,2016 Via e-mail NOTICE TO BIDDERS—ADDENDUM NO. 1 FIRE DEPARTMENT REGIONAL TRAINING CENTER,PHASE 2 CONTRACT NO.CS-0671 IN THE CITY OF VERNON,CALIFORNIA This notice shall be considered as Addendum No. 1 to the Plans and Specifications for the above-mentioned project and modifies the original Contract Documents,as noted below.Portions of the Contract,not specifically mentioned in the Addendum,remain in force. Bid Plans: In the Bid Plans,the following sheets are to be amended as follows: 1. Sheets 1,3 and 4 of 9—TITLE SHEET,GRADING and DETAILS:Construction Note No.6 shall be amended to read: Construct 6"thick PCC pavement with#3 bar at 12"O.C.both direction over compacted i (95%relative)native.Contraction transverse joints shall be spaced at 15'max.Mix shall be 560-C-3250. - 2. Sheet 3 of 9—GRADING,Earthwork Quantities shall be amended to read: CUT(CY) 457 CY FILL(CY) 78 CY NET(CY) 379 CY(CUT) Bid Specifications: In the Bid Specifications,the following items are to he amended as follows: l. BIDDING FORMS—SCHEDULE OF BID PRICES: Item No. 8 on Page BF 5 of 35 shall be amended to read: Construct 6"thick PCC pavement with#3 bar at 12"O.C.both direction over compacted (95% relative)native.Contraction transverse joints shall be spaced at 15'max.Mix shall be 560-C-3250. Item No. 20 on Page BF 6 of 35,the quantity shall be amended to read: 379 CY �t EXcfusive� Industrial j �I 0j, 8 � T TT0 i PUBLIC WORKS,WATER& DEVELOPMENT SERVICES 4305 Santa Fe Avenue,Vernon,California 90058 i Telephone (323)583-8811 Fax(323)826-1435 I IAugust 25,2016 i Via e-mail { NOTICE`fO BIDDERS-ADDENDUM NO.2 FIRE DEPARTMENT REGIONAL TRAINING CENTER,PHASE 2 CONTRACT NO.CS-0671 IN THE CITY OF VERNON,CALIFORNIA This notice shall be considered as Addendum No.2 to the Plans and Specifications for the above-mentioned project and modifies the original Contract Documents,as noted below.Portions of the Contract,not specifically mentioned in the Addendum,remain in force. r Referenced Documents: 1. Geotechnical Investigation Report:Attached for reference. it If you have any questions,please contact Lissette Melendez of my staff at(323)583-8811 extension 246. i' Sincerely erek Wieske,P.E. Director of Public Works, Water,&Development Services Mira Enclosures c:Deputy City Clerk Lissette Melendez Yesenia Ramirez i x 4 9 9 Exc(usively IndustrdaC ' of V On DEPARTMENT OF PUBLIC WORKS,WATER AND DEVELOPMENT SERVICES 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 August 22,2016 Via e-mail NOTICE TO BIDDERS-ADDENDUM NO. III FIRE DEPARTMENT REGIONAL TRAENING CENTER,PHASE 2 CONTR ACT'NO.,CS-0671 IN THE CITY OF VERNON,CALIFORNIA This notice stall be considered as Addendum No. I to,the Plans and Specifications for the above-awntioned pr*ct and modifies the,origin—at Contract Docurnents,as noted below.Portiows of the Contract,not specifically mentioned in the Addendu im,remm.n in form. Bid Plans:. In the Bid,Plans,the,following sheets are to be amended as falllows,-.- I. Sheets 1, 3 and 4 oaf 9-TITLE SHEET.GRADWG and DETAILS.Construction Note No.,6 shall be an-tended to read: Construct 67"thick.PCC pavement with#3 bar at 127 O.C.both direction over compacted (95% relative)native.Contraction transverse joints shall be spaced at 15"max.Mix shalt be, 560-C-3250. 2. Sheet 3 of 9-GRADING:Earthwork Quantities shall.be amended to read: CUT(CY) 457 CY FILL(CV) 78 CY NET(CY) 379 CY(CUT) Bid SQgcifications: In the Bid Specifications,the following items are to be amended as follows: I. BIDDING FORMS-SCHEDULE OF BID PRICES: Item No. 8 on Page BF 5 of 35 shalt be amended to read: Construct 6"thick PCC pavement with#3 bar at 12"O.C. both direction over compacted (95%relative)native.Contraction transverse joints shall be spaced at 15'max.tWx shall be 560-C-3250. Item No.20 on Page BF 6 of 35,the quantity shall be amended to read- 379 CY Exclusively Industrial Page 2 2. EXHIBIT B—SPECIAL PROVISIONS: Section B-15.01 shall be amended to read: B-15.01 Use of City Yard for Disposal of Excess Material—The Contractor shall use the City owned yard located at 222155th Street(between Santa Fe Avenue and Alameda Street)for the disposal of excess material.The temporary use of the site will be available to the contractor at no cost. Excess material hauled to the City yard shall be cleared of all brush,grass,weeds and all other objectionable materials. 3. ATTACHMENT A—BID ITEM SPECIFICATIONS: Bid Item 21:Earthwork(Export)shall be amended to read: Earthwork operations shall conform to the requirements of Section 300-2,"Unclassified Excavation"(SSPWC)and Section 300-4.Grading shall be performed to construct the lines and grades shown on the plans. Add the following to Subsection 300-2.1,"General",(SSPWC): Unclassified excavation shall include all excavation not covered under clearing and grubbing nor in any of the removal items. The Contractor's attention is directed to the Geotechnical Report boring locations regarding existence of underground water. If underground water is encountered during excavation,it shall be the responsibility of the Contractor to dewater and use special grading techniques and/or material to handle this condition prior to placing fill.All cost for complying with this requirement shall be included in the contract unit price for unclassified excavation.Any other methods or techniques implemented shall be included in the bid item for unclassified excavation. Add the following to the end of Subsection 300-4.9,"Measurement and Payment," (SSPWC): The measurement of material will be based on the volume it occupies in its final position after compaction.Unit price bid per CY shall include payment for transporting and disposal of surplus dirt in accordance to all applicable local,State and Federal regulations. Contractor shall haul and dispose of all excess material to the City yard located at 2221 55th Street(West of Santa Fe Avenue). Material hauled to City yard shall be cleared of all brush,grass,weeds and all other objectionable materials. Payment for excavation and export of materials off-site shall be per contract unit price per CY and shall include hauling and disposal of material to City yard in accordance with all applicable federal,state and local regulations.No additional compensation will be allowed therefor. Payment for grading shall be included in the contract unit price for various items of work and no additional compensation will be allowed therefor. City of Vernon,5305 Santa Fe Avenue,Vernon,California 90058—Telephone(323)583-8811 Page 3 If you have any questions,please contact Lissette Metendez of my staff at(323)583-8811 extension 246. Sincere Wieske, P.R. )1reLtor of Public Works,Water,&Development Services DWAM Enclosures c.Deputy City Clerk Lissecte MeTendez Owly Ncretes City of Vernon,5305 Santa Fe Avenue,Vernon,California 90058—Telephone(323)583-8811 BIDDING FORMS BIDDING FORMS—ADDENDUM NO. 1 BIDDER'S PROPOSAL The undersigned submits this Bid in response to the Notice Inviting Bids issued by the City to construct the Work of the following Project in accordance with the Contract Documents: PROJECT: Fire Department Regional Training Center, Phase 2, Contract No.CS-0671 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 ❑ 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. Contractor Safety Questionnaire 9. Designation of Subcontractors 10. Contractor's Affidavit of Noncollusion 11. Insurance Requirements Affidavit 12. Statement of Disqualification or Debarment. 13. Pre-Bid Site Inspection Certification. B. Acknowledgment of Addenda. The Bidder shall acknowledge the receipt of all Addenda by attaching a signed copy of all Addenda,and by listing all Addenda received and attached in the space below. If an Addendum or Addenda have been issued by the City and not attached and noted above as being received by the Bidder,the Bid may be rejected, C. Inspection of the Work and Contract Documents, Bidder certifies that it has carefully examined and is fully familiar with all of the provisions of the Bidding Documents and said Bidding Documents contain sufficient detail regarding the Work to be performed;that it has notified City of any errors or omissions in the Bidding Documents and/or any unusual site conditions;and that it has carefully checked all words, prices, and statements in this Bidding Document. Bidder hereby certifies that he/she and his/her Subcontractors have inspected the site and related Drawings and Specifications of Work and fully acquainted themselves with all conditions and matters which may in any way affect the Work,time of completion or the costs thereof. BF 1 of 35 BIDDING FORMS-ADDENDUM NO. 1 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: Name: Date of Inspection Title: Name: Date of Inspection Title: D. Bidder agrees that all costs of Work shown in the Bidding Documents, including work reasonably inferable therefrom and necessary thereto, are included in his/her Bid, All Work shown in the Contract Documents for which a specific line item is not provided in the Bidding Form is included in the Bidder's Total Base Bid Price. E. Forfeiture of Bid Security. Bidder further agrees that, in case of his/her default in executing the required Contract and the required bonds, or furnishing the required insurance, the money payable under the Bid Security accompanying this Bid shall be applied by the City towards payment of the damage to the City on account of such default, as provided in the Bidding Documents. F. Period of Irrevocability. Bidder agrees that this Bid shall remain open and shall not be withdrawn for a period of not less than ninety (90) calendar days from the date of award of Contract, or until rejected by the City, whichever period is shorter. G. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder's submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal,state,and local laws. The Bidder declares that neither he/she nor any member of his/her firm or corporation is an officer or employee of the City of Vernon. I hereby certify under penalty of perjury under the laws of the State of California that the representations made herein are true and correct. Executed this day of at City State Bidder's Proposal Respectfully Submitted, BF2of35 BIDDING FORMS—ADDENDUM NO. 1 NAME OF BIDDER COMPANY NAME: ADDRESS: CONTACT PERSON: TELEPHONE NUMBER: FAX NUMBER: E-MAIL: CALIFORNIA STATE CONTRACTOR'S LICENSE NUMBER: EXPIRATION DATE: TAX IDENTIFICATION NO.: SURETY COMPANY: 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. 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: Title: Printed name of person signing Signature List all d/b/a's: Partnership: ❑ General Partner ❑ Limited Partner By: Title: Printed name of person signing Signature BF3of35 BIDDING FORMS—ADDENDUM NO. 1 ❑ Corporation: By: Corporate Officer Title: Printed name of person signing Corporate Seal Signature ❑ Joint Venture: ❑ Corporation ❑ Partnership ❑ Individual ❑ Other By: Title: Printed name of person signing 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.] BF4of35 BIDDING FORMS—ADDENDUM NO.1 SCHEDULE OF BID PRICES PROJECT: Fire Department Regional Training Center, Phase 2,Contract No.CS-0671 BIDDER'S NAME: BASE BID Pursuant to and in compliance with your Notice Inviting Bids and Contract Documents relating to the Project including all Addenda (attach signed copies), Bidder, having become thoroughly familiar with the terms and conditions of the Contract Documents and with local conditions affecting the performance and the costs of the Work at the place where the Work is to be done, hereby proposes and agrees to fully perform the Work within the time stated in strict accordance with the Contract Documents (including the furnishing of any and all labor, materials, tools, expendable equipment, and utility and transportation services necessary to fully perform the Work and complete it in a workmanlike manner)for the total Base Bid sum of: Dollars ($ ) iNo Description Quantity Unittem s Total Cost Price 1 BONDING,MOBILIZATION AND INSURANCE 1 LS PREPARATION AND IMPLEMENTATION OF WATER 2 POLLUTION CONTROL PLAN 1 LS SAWCUT AND REMOVE EXISTING AC PAVEMENT. 3 REPLACE IN KIND(MIN.4") 810 SF CONSTRUCT PCC CURB(TYPE B1-4)PER CALTRANS STD 4 PLAN RSP A87A. 112 LF CONSTRUCT PCC CURB AND GUTTER(TYPE B2-4)PER 5 CALTRANS STD PLAN RSP A87A. 257 LF CONSTRUCT PCC CURB(TYPE D-4)PER CALTRAN STD 6 PLAN RSP A87A. 125 LF CONSTRUCT PCC LONGITUDINAL GUTTER(W=3')PER 7 SPPWC STD PLAN 122-2. 244 LF CONSTRUCT 6"THICK PCC PAVEMENT WITH#3 BAR AT 8 12"O.C.BOTH DIRECTION. JOINTS SHALL BE SPACED AT 15,463 SF 15'MAX.MIX SHALL BE 560-C-3250. SAWCUT AND REMOVE EXISTING PCC CURB AND 8 SPANDREL. 48 SF 10 ADJUST UTILITY COVER TO FINISHED GRADE. 4 EA E11FURNISH AND INSTALL GRAVEL(6"MIN)PER DETAIL NO. 1,SHEET NO.5. 117 CY BF5of35 BIDDING FORMS—ADDENDUM NO.1 CONSTRUCT PCC CURB ALONG EXISTING BLOCK WALL 12 PER DETAIL NO.2,SHEET NO.5. 105 LF CONSTRUCT 6"PVC(SCHEDULE 80)DRAIN PIPE WITH 13 BEDDING PER CITY OF VERNON STD PLAN V2264. 165 LF FITTINGS PER PLAN. FURNISH AND INSTALL RAINSTORE3 INFILTRATION SYSTEM BY INVISIBLE STRUCTURES OR APPROVED 14 EQUAL PER MANUFACTURERS SPECIFICATIONS AND PER 2 EA DETAIL NO.1,SHEET NO.6. CONSTRUCT PIPE TO EXISTING GRATE INLET STRUCTURE 15 PER SPPWC STD PLAN NO.335-2. 1 EA CONSTRUCT PIPE TO EXISTING RCP PER SPPWC STD 16 PLAN NO.335-2. 1 EA CONSTRUCT 36"X36"GRATE INLET,MODEL 3636CB BY 17 BROOKS PRODUCTS OR APPROVED EQUAL. 2 EA FURNISH AND INSTALL GRATE INLET SKIMMER BOX BY 18 BIO-CLEAN ENVIRONMENTAL SERVICES OR APPROVED 3 EA EQUAL. CONSTRUCT TRENCH REPAIR PER CITY OF VERNON STD 19 PLAN V2264. 86 SF 20 EARTHWORK(EXPORT) 379 CY 21 LANDSCAPE AND IRRIGATION 1 LS 22 SURVEYING 1 LS All other work items, labor, materials, tools and incidentals which are not specifically listed in the above bid items, but are necessary to complete the project per specifications, and all other applicable standards and codes are considered to be included in the above bid items. If there is a discrepancy between (1)the"Grand Total" (Base Bid Sum)shown immediately above, (2)any of the"total costs"shown in the far right column above,or(3)the individual Unit Price,then the Unit price shall control over the total cost, and the total cost shall control over the total. If, however, the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or is the same amount as the entry for the item total,then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Bidder shall exclude the cost of Permit Fees from Bidder's Base Bid sum; Base Bid sum shall include the cost of administration and coordination of Governmental Approvals and Utility Fees. BF6of35 BIDDING FORMS—ADDENDUM NO.1 Respectfully submitted: Signature Address Title Date License Number Date of Expiration (SEAL-if Bid is by a corporation) Attest Amount of Certified or Cashier's Check or Bid Bond Name of Bonding Company BF7of35 BIDDING FORMS—ADDENDUM NO. 1 INCUMBENCY CERTIFICATE Print legibly the names and title of the president and all officers of the Company who are authorized to sign the Bid Forms: PRESIDENT'S&OFFICERS' NAME: TITLE: The undersigned hereby certifies to the City of Vernon that he/she is the duly elected and acting Secretary of (the"Company"), and that,as such, he/she is authorized to execute this Incumbency Certificate on behalf of the Company, and further certifies that the persons named above are the duly elected,qualified and acting officers of the Company, holding on the date hereof,the titles and positions set forth opposite their names and are authorized to sign the Bid Forms, IN WITNESS WHEREOF, the undersigned has executed this Incumbency Certificate this day of , 20_ Secretary's Name-Printed Secretary's Signature BF8of35 BIDDING FORMS-ADDENDUM NO. 1 Bond No.: Premium Amount:$ Bond's Effective Date: BID BOND RECITALS: 1. The City of Vernon,California("City"),has issued a Notice Inviting Bids for the Work described as follows: Contract No. CS•0671: in Vernon,CA.("Project"). 2. In response to the Notice Inviting Bids, (Name,address,and telephone of Contractor) ("Principal"), has submitted the accompanying Bid for the Project. 3. Principal is required under the terms of the Specification—and all Bidding Documents referenced in it—to furnish a bond with the Bid. 4. The Specification, including all its amendments and supplements, and Principal's Bid are incorporated into this Bond and made a part of it by this reference. OBLIGATION: THEREFORE,for value received,We,Principal and (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 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: (Name,address,and telephone) Registered Agent's California Department of Insurance License No. THE CONDITION OF THIS BOND'S OBLIGATION IS THAT, if: (1) Principal does not (a) withdraw its Bid for the period specified in the Bidding Documents, or—if no period is specified—for ninety (90) calendar days after City awards the Contract for the Project, or (b) attempt to withdraw its Bid when the requirements of California Public Contract Code §5101 et seq., or any successor legislation, are not met; or(2) City awards Principal the Contract in response to Principal's Bid, and within the time and manner specified by the Specification or Contract Documents or— if no period is specified—within fourteen(14)calendar days after the 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. BF9of35 BIDDING FORMS—ADDENDUM NO. 1 4. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate,or withdraw from this Bond;or(b)this Bond becomes void or unenforceable for any reason. On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its 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 ■ EWDENCEMUSTBEATTACHEDOFTHEAUTHORITYOFANYPERSON SIGNING ASATTORNEY--IN-FACT. ■ THEATTORNEY-IN-FACTS SIGNATURE MUST BE NOTARIZED. ■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH,AREA CORPORATION. BF 10 of 35 BIDDING FORMS-ADDENDUM NO. 1 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 BF 11 of 35 BIDDING FORMS-ADDENDUM NO. 1 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? 1.2.1 Under what other names has your organization operated? 1.3 If your organization is a corporation, answer the following: 1.3.1 Date of incorporation/organization: 1.3.2 State of incorporation/organization: 1.3.3 Corporate ID number: 1.3.4 Name of President: 1.3.5 Agent for Service of Process: 1.4 If your organization is a partnership, answer the following: 1.4.1 Date of organization/formation: 1.4.2 Type of partnership(if applicable): 1.4.3 Name(s)of general partner(s): 1.4.4 List all states in which you are registered and state ID numbers for each: 1.5 If your organization is individually owned, answer the following: 1.5.1 Date of organization: 1.5.2 Name of owner: 1.6 If the form of your organization is other than those listed above,describe it and name the principals: BF 12 of 35 BIDDING FORMS-ADDENDUM NO.1 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. 2.3 List any licensing suspensions and/or violations assessed against your organization within the past five years. 3. EXPERIENCE 3.1 List the categories of Work that your organization normally performs with its own personnel. 3.2 On the Experience Form, list the project information that establishes that Bidder meets the essential requirements for qualification set forth in the Mandatory Qualifications paragraph of the Notice Inviting Bids for this Project. 3.3 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 For the following questions, the term "owner" does not include owners of stock in your firm if your firm is a publicly-traded corporation. 4.1 In the past five (5) years, have, you, your firm or any of its owners, partners, officers, or employees been a defendant in court, or participated in an arbitration or mediation, on a matter related to: 4.1.1 The performance, non-performance, default, violation, or breach of a contract or agreement? ❑ YES ❑ NO BF 13 of 35 BIDDING FORMS-ADDENDUM NO. 1 4.1.2 A vehicle collision or accident involving your firm's employees? ❑ YES ❑ NO 4.1.3 Damage to real property arising out of your services or operations? ❑ YES ❑ NO 4.1.4 Employment-related litigation brought by an employee of your firm? ❑ YES ❑ NO 4.1.5 Payment to a subcontractor or supplier? ❑ YES ❑ NO 4.1.6 Defective, deficient,or substandard work? ❑ YES ❑ NO If the answer to any questions in 4.1.1 to 4.1.6 is YES, identify the name of the person or entity that sued (i.e., "the plaintiff') or was involved in the mediation or arbitration; list the date, court, court address, and case number; describe the facts and circumstances giving rise to the lawsuit, mediation, or arbitration; and set forth the outcome or disposition. Attach additional sheets as necessary. 4.2 Have you or your firm ever filed a claim for damages or a lawsuit, or requested arbitration or mediation,against a government entity or a Client? ❑ YES ❑ NO If YES, identify the government entity or client; list the date,court and case number; describe the facts and circumstances about the claim for damages,or the lawsuit,or both; and set forth the outcome or disposition. Attach additional sheets as necessary. 4.3 Are there any pending or outstanding judgments or liens against you, your firm,or any of its owners, partners,officers,or employees? ❑ YES ❑ NO If YES, identify the name of the person or entity entitled to payment; list the date court and case number; describe the facts and circumstances giving rise to the judgment or lien; and set forth the amount of the judgment or lien. Attach additional sheets if necessary. 4.4 In the past five (5) years, has any government entity ever: (a) investigated, cited, disciplined, or assessed any penalties against you, your firm, or any of its owners, partners,officers,or employees,or(b)determined or concluded that your firm or any of its owners, partners,officers, or employees violated any laws, rules,or regulations? ❑ YES ❑ NO BF14of35 BIDDING FORMS-ADDENDUM NO. 1 If YES, identify the government entity; list the date,and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 4.5 In the past five(5)years, have you,your firm or any of its owners, partners,officers or employees been convicted of a crime related to the bidding of a government contract,the awarding of a government contract,or the performance of a government contract? ("Convicted"includes a verdict of guilty by a judge or jury,a plea of guilty, a plea of nolo contendere,or a forfeiture of bail.) ❑ YES ❑ NO If YES, identify the government entity; list the date,court and case number;describe the facts and circumstances about each instance;and set forth the penalty or punishment imposed. Attach additional sheets as necessary. 4.6 In the past five(5)years, have you,your firm, or any of its owners, partners,officers or employees been convicted of a crime involving embezzlement,theft,fraud,forgery, bribery,deceptive or unlawful business practices, perjury,falsifying or destroying records or evidence, or receiving stolen property,or making or submitting a false claim? ❑ YES ❑ NO If YES, identify the crime or offense; list the date, court and case number;describe the facts and circumstances about each instance;and set forth the penalty or punishment imposed. Attach additional sheets as necessary. 4.7 Have you or, if Bidder is a corporation,any principal of the corporation ever been convicted of a felony? ❑ YES ❑ NO If YES, please explain the details of that conviction and, if so,whether you or said officer have served his or her sentence. 4.8 In the past five(5)years, has a government entity determined or concluded that you,your firm, or any of its owners, partners,officers or employees made or submitted a false claim (including a false claim for payment),or made a material misrepresentation? ❑ YES ❑ NO If YES, identify the government entity, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 4.9 Have you or your company ever been charged by any governmental agency for failure to follow safety procedures? If YES, please explain. ❑ YES ❑ NO BF 15 of 35 BIDDING FORMS-ADDENDUM NO. 1 4.10 Has any governmental agency ever submitted a complaint against you or your firm to the California State Labor Commission for failure to submit certified payrolls? If your answer is"Yes", please provide the details of such complaint. ❑ YES ❑ NO 5. FIRM'S OPERATIONAL STATUS 5.1. In the past seven (7) years, has your firm, or anyone else acting on behalf of your firm, filed for bankruptcy, insolvency, receivership,or reorganization? ❑ YES ❑ NO If YES, list the filing date,identify the court and case number;describe the facts and circumstances giving rise to each instance; and set forth the disposition or current status. Attach additional sheets as necessary. 5.2. In the past five (5) years, has your firm had an consolidations, mergers, acquisitions, closings,layoffs or staff reductions? ❑ YES ❑ NO If YES, list the filing date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 5.3. Is your firm in the process of, or in negotiations toward: (a) consolidating, merging, selling,or closing its business,or(b)laying off employees or reducing staff? ❑ YES ❑ NO If YES,describe the transaction; list the anticipated date for completing the transaction, laying off employees, or reducing staff;and describe the facts,circumstances, and reason for taking the action. Attach additional sheets as necessary. 6. BIDDING; DEBARMENT;CONTRACT PERFORMANCE 6.1. Has a government entity ever debarred, disqualified, removed, suspended, or otherwise prevented you or your firm from bidding on, contracting, or completing a construction project? ❑ YES ❑ NO 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. BF 16 of 35 BIDDING FORMS-ADDENDUM NO.1 6.2. Has a government entity ever rejected your firm's Bid or Proposal on the ground that you or your firm is a"non-responsible" bidder or proposer? ❑ YES ❑ NO If YES, identify the name of the government entity, list the date,describe the facts and circumstances about each instance, and state the reason or basis for the government entity's determining that your firm was a"non-responsible" bidder. Attach additional sheets as necessary. 6.3. Have you or your firm ever failed to fulfill or perform — either partially or completely —a contract or an agreement with a government entity or a client? ❑ YES ❑ NO If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach 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 ❑ NO If YES, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.5. Has your firm ever advised a government entity or a client, while your firm was under contract with the government entity or client,that your firm could not(or would not)fulfill or perform — either partially or completely — the contract or the agreement based on the prices that your firm had originally submitted in a Bid or a Proposal? ❑ YES ❑ NO If YES, list the date, identify the name of the government entity or client, and describe the facts and circumstances about each 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 ❑ NO If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.7. Has your firm ever requested a government entity or a client, while your firm was under contract with the government entity or client, to: (a) cancel the contract or agreement, or (b)release or discharge your firm form the contract or agreement? ❑ YES ❑ NO BF 17 of 35 BIDDING FORMS-ADDENDUM NO. 1 If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.8. Has a government entity or a client ever terminated,suspended,or non-renewed your firm's contract or agreement before its completion? ❑ YES ❑ NO If YES, identify the name of the government entity, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.9. Has a government entity or a client ever notified or advised your firm that your firm's performance under a contract or agreement was poor, sub-standard, deficient, or non- compliant? ❑ YES ❑ NO If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.10. In the past five (5) years, has your firm paid, or has your firm been assessed, liquidated damages on a contract or agreement? ❑ YES ❑ NO If YES, identify all such contracts/projects by owner, owner's address, the date of completion of the project, amount of liquidated damages assessed, and all other information necessary to fully explain the assessment or payment of liquidated damages. Attach additional sheets as necessary. 7. INSURANCE AND BONDS 7.1. In the past ten years, has an insurance company or a surety company: 7.1.1. Refused to insure your firm for liability coverage? ❑ YES ❑ NO 7.1.2. Canceled or non-renewed your firm's insurance coverage? ❑ YES ❑ NO 7.1.3. Refused to issue your firm a bond? ❑ YES ❑ NO 7.1.4. Canceled or revoked a bond obtained by your firm? ❑ YES ❑ NO BF 18 of 35 BIDDING FORMS-ADDENDUM NO. 1 If the answer to any questions in 7.1.1 to 7.1.4 is YES, identify the name of the insurance company or surety company, list the date, and describe the facts and circumstances about each instance. Attach addition sheets as necessary. 7.2 In the past ten (10) years, has an insurance company or surety company made any payments on your firm's behalf as a result of a default,to satisfy any claims against a performance bond, payment bond,or maintenance bond issued on your firm's behalf? ❑ YES ❑ NO If YES, identify each contract completed or amount of each claim, the name and telephone number of the claimant,the date, grounds and current status of the claim, and if resolved, the method, nature, and amount of the resolution. Attach addition sheets as necessary. 8. SURETY 8.1 If a performance and/or payment bond is required by this bid, identify the bonding company if arrangements for the bond have been made; if not, identify the bonding company for the Contractor's most recent project: 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. I hereby certify under penalty of perjury under the laws of the state of California that the representation made herein are true and correct. Signature of Bidder BF 19 of 35 y 5 ƒ� \ a � q �k f � y 5k �g k � o ® ■ � \ i ƒ ƒ t6 r �� k o g ; a & e a = � cok 7 R ck.a 2 7 � ® * k % § s- � 3 & ' » � t o � \ f 9 S C'I ® G © e O « § e 0 t ° It % _ ) g £ k « g q � � ■ t 3 C # � � oC � © e ^ '$r S % 0 � 0 7 ƒ « o rLU � 7 ■ aaa� $ 7�R � @ ® moo % � — BIDDING FORMS—ADDENDUM NO.1 CONTRACTOR SAFETY QUESTIONNAIRE Company Name: Primary Type of Work: Person Completing Form: Title: Phone Number: Date: SAFETY PERFORMANCE 1. List your company's Interstate Experience Rating Modifier(ERM)' for the three most recent years. 20 20 20 2. List your company's number of injuries/illnesses from your OSHA 300 logs for the three most recent years. 20 20 20 a. Fatalities b. OSHA recordable incidents c. Lost work day incidents d. Total lost work days e. Total hours worked 3. Upon request from the City,the contractor(s)shall provide copies of the following items(a-g);and Items(d-g) for each listed Subcontractor a), OSHA 300 logs for the most recent three years 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 b. Phone ERM=applies to workers'compensation policies.It compares the experience of this contractor to others of similar size,type and ratio.Used against annual premium. It has a direct correlation to how much the contractor pays in workers'comp premium. BF 21 of 35 BIDDING FORMS—ADDENDUM NO. 1 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 b. Do you have a written safety field manual? Yes No c. Are all workers given a booklet that contains work rules, responsibilities, and other appropriate information? Yes No 2. POLICY AND MANAGEMENT SUPPORT a. Do you have a safety policy statement from an officer of Yes No the company? b. Do you have a disciplinary process for enforcement Yes No of your safety program? c. Does management set corporate safety goals? Yes No d. Does executive management review: ❑Accident reports? Yes No ❑ Safety statistics? Yes No ❑ Inspection reports? Yes No e. Do you safety pre-qualify subcontractors? Yes No f. Do you have a written policy on accident reporting Yes No and investigation? g. Do you have a light-duty, return-to-work policy? Yes No h. Is safety part of your supervisor's performance evaluation? Yes No i. Do you have a personal protective equipment(PPE) policy? Yes No j. Do you have a written substance abuse program? Yes No If yes, does it include(check all applicable boxes): ❑ Pre-employment testing ❑ Return-to-duty testing ❑ Random testing ❑ Disciplinary process ❑ Reasonable cause testing ❑Alcohol testing ❑ Post accident testing ❑ National Institute on Drug Abuse ❑ Panel Screen k. Does each level of management have assigned safety Yes No duties and responsibilities? BF 22 of 35 BIDDING FORMS—ADDENDUM NO.1 3. TRAINING AND ORIENTATION a. Do you conduct safety orientation training for each employee? Yes No b. Do you conduct site safety orientation for every Yes No person new to the job site? c. Does your safety program require safety training meetings? Yes No 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? Yes No How often? ❑Weekly ❑ Daily ❑Other e. Do you require equipment operation/certification training? Yes No 4. ADMINISTRATION AND PROCEDURES a. Does your written safety program address administrative procedures? Yes No If yes,check which apply: _Pre project/task planning _Emergency procedures _Record keeping _Audits/inspections Safety committees _Accident investigations/reporting HAZCOM _Training documentation Substance abuse prevention _Hazardous work permits Return-to-work _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.)? Yes No d. Do you investigate accidents? Yes No How are they reported? ❑Total company ❑ By superintendent ❑ By project ❑ By project manager ❑ By foreman ❑ In accordance with OSHA e. Do you discuss safety at all preconstruction and progress meetings? Yes No BF 23 of 35 BIDDING FORMS—ADDENDUM NO.1 f. Do you perform rigging and lifting checks prior to lifting? Yes No ❑ For personnel ❑ For equipment ❑ Heavy lifts(more than 10,000 lbs.) 5. WORK RULES a. Do you periodically update work rules? Yes No When was the last update? b. What work practices are addressed by your work rules? ❑ CPR/first aid ❑Access—entrances/stairs ❑ Barricades,signs, ❑ Respiratory protection and signals ❑ Blasting ❑ Material handling/storage ❑ Communications ❑Temporary heat ❑Compressed air and gases ❑Vehicle safety ❑ Concrete work ❑Traffic control ❑ Confined-space entry ❑ Site visitor escorting ❑ Cranes/rigging and hoisting ❑ Public protection ❑ Electrical grounding ❑ Equipment guards and grounding ❑ Environmental controls and ❑ Monitoring equipment Occupational health ❑ Emergency procedures ❑ Flammable material handling/storage ❑ Fire protection and prevention ❑ Site sanitation ❑ Floor and wall openings ❑Trenching and excavating ❑ Fall protection ❑ Lockout/Tagout ❑ Housekeeping ❑ Energized/pressurized equipment ❑ Ladders and scaffolds ❑ Mechanical equipment/ ❑ Personal protective equipment maintenance/pre-op checks/ ❑Tools, power and hand operation ❑ Electrical power lines ❑ Welding and cutting (hot work) ❑Other 6. OSHA INSPECTIONS a. Have you been inspected by OSHA in the last three years? Yes No b. Were these inspections in response to complaints? Yes No c. Have you been cited as a result of these inspections? Yes No If yes,describe the citations(add additional sheets if necessary): BF 24 of 35 BIDDING FORMS—ADDENDUM NO.1 DESIGNATION OF SUBCONTRACTORS NAME OF BIDDER: Each Bidder must list, on the form provided on the next page, each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed in the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Drawings and Specifications, in an amount in excess of one-half of one percent of the Contractor's Base Bid Amount. Each Subcontractor must have an active and current license, and all requisite specialty certifications,when listed. Bidder must provide the following information for EACH Subcontractor. 1. The name of the Subcontractor; 2. The trade and type of work that the Subcontractor will perform; 3. Location (address)of Subcontractor's place of business; 4. Subcontractor's license number; and any specialty licenses;and 5. Dollar value of the Work that the Subcontractor will perform. Subletting or subcontracting of any portion of the Work in excess of one-half of one percent of the Contractor's Base Bid to which no Subcontractor was designated in the original Bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City setting forth the facts constituting the emergency or necessity. If the Contractor violates any of the above provisions the Contractor may be in breach of this Contract and the City may exercise the option, in its own discretion, to (1)cancel this Contract, or(2) assess the Contractor a penalty in an amount not more than ten percent(10%) of the amount of the subcontract involved, and this penalty shall be deposited in the fund out of which the prime Contract is awarded. If the Contractor fails to specify a Subcontractor,or if the Contractor specifies more than one Subcontractor for the same trade or type of Work to be performed under the Contract in excess of one-half of one percent of the Contractor's Base Bid Amount, then the Contractor agrees that he/she is fully qualified to perform that Work himself/herself, and that he/she shall perform that Work himself/herself. If after award of Contract, the Contractor subcontracts any such Work, the Contractor will be subject to the statutory penalties. DESIGNATION OF SUBCONTRACTORS FORM IS ON THE FOLLOWING PAGE BF 25 of 35 go vo- 0 C) BIDDING FORMS-ADDENDUM NO. 1 The Contractor shall not: A. Substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except that the City may consent to the substitution of another person as Subcontractor in any of the following situations: 1. When the Subcontractor listed in the Bid, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract for the scope of Work specified in the Subcontractor's bid and at the price specified in the Subcontractor's bid, when that written contract, based upon the general terms, conditions, Drawings and Specifications for the Project or the terms of Contractor's written Bid, is presented to the Subcontractor by the Contractor; 2. When the listed Subcontractor becomes insolvent or the subject of an order for relief in bankruptcy; 3. When the listed Subcontractor fails or refuses to perform his/her subcontract; 4. When the listed Subcontractor fails or refuses to meet the bond requirements of the Contractor as set forth in Public Contract Code Section 4108; 5. When the Contractor demonstrates to the City that the name of the Subcontractor was listed as the result of an inadvertent clerical error; 6. When the listed Subcontractor is not licensed pursuant to the Contractors License Law; 7. When the City determines that the Work performed by the listed Subcontractor is substantially unsatisfactory and not in substantial accordance with the Drawings and Specifications, or that the Subcontractor is substantially delaying or disrupting the progress of the Work; 8. When the listed Subcontractor is ineligible to work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code; or 9. When the City determines that the listed Subcontractor is not a responsible contractor. B. Permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original Subcontractor listed in the original Bid,without the consent of the City. C. Other than in the performance of "change orders" causing changes or deviations from the original Contract, sublet or subcontract any portion of the Work in excess of one-half of one percent of the Contractor's Base Bid Amount as to which his/her original Bid did not designate a Subcontractor. Prior to approval of the Contractor's request for a Subcontractor substitution,the City shall give notice in writing to the listed Subcontractor of the Contractor's request to substitute and of the reason for the request. The notice will be served by certified or registered mail to the last known address of the Subcontractor. The listed Subcontractor who has been so notified shall have five (5) Working Days within which to transmit to the City written objections to the substitution. Failure to file these written objections shall constitute the listed Subcontractor's consent to the substitution. If written objections are filed, the City shall give notice in writing of at least five (5) Working Days to the listed Subcontractor of a hearing by the City on the Contractor's request for substitution. The Contractor, as a condition to asserting a claim of inadvertent clerical error in the listing of a Subcontractor, shall within two (2) Working Days after the time of the Bid Deadline, give written notice to the City and copies of such notice to both the Subcontractor he/she claims to have listed in error and the intended Subcontractor who had bid to the Contractor prior to the Bid Deadline. BF 27 of 35 BIDDING FORMS-ADDENDUM NO. 1 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? Yes❑ No❑ 5. If the answer to No.4 is"Yes", please explain the following details: (a) Date: (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. 8. We declare under penalty of perjury that the foregoing is true and correct. Dated this day of 20 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 By: Title: BF28of35 BIDDING FORMS—ADDENDUM NO.1 CONTRACTOR'S AFFIDAVIT OF NONCOLLUSION STATE OF CALIFORNIA ) COUNTY OF ) being first duly sworn,deposes and says; 1. That he/she is the (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 FIRE DEPARTMENT REGIONAL TRAINING CENTER, PHASE 2,CS-0671; 2. That said Bid is genuine;that the same is not sham;that all statements of fact therein are true; 3. That said Bid is not made in the interest or behalf of any person, partnership, company, association, organization, or corporation not named or disclosed; 4. That Contractor did not, directly or indirectly induce, solicit, agree, collude, conspire or contrive with anyone else to submit a false or sham bid,to refrain from bidding, or withdraw his/her bid,to raise or fix the Bid price of Contractor or of anyone else, or to raise or fix any overhead profit, or cost element of Contractor's price or the price of anyone else; and did not attempt to induce action prejudicial to the interests of the City of Vernon, or of any other Bidder, or anyone else interested in the proposed Contract; 5. That the Contractor has not in any manner sought by collusion to secure for himself an advantage over any other Bidders or induce action prejudicial to the interests of the City of Vernon or of any other Bidder, or anyone else interested in the proposed Contract; 6. That the Contractor has not accepted any bid from any Subcontractor or material supplier through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or material supplier, which is not processed through said bid depository, or which prevent any Subcontractor or material supplier from bidding to any Contractor who does not use the facilities of or accept bids from or through such bid depository; 7. That the Contractor did not, directly or indirectly, submit the Contractor's Bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership,company,association,organization, bid depository,or to any member or agent thereof,or 111 111 111 111 111 111 l�l BF 29 of 35 BIDDING FORMS—ADDENDUM NO. 1 to any individual or group of individuals, except to the City of Vernon, or to any person or persons who have partnership or other financial interest with said Contractor in his/her business. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated this day of at Month/Year City State Contractor (Please Print) Contractor's Signature Title CONTRACTOR'S SIGNATURE MUST BE NOTARIZED BF 30 of 35 BIDDING FORMS—ADDENDUM NO, 1 THE BIDDER'S INSURANCE COMPANY(S) OR INSURANCE AGENT MUST COMPLETE THIS FORM AND THE BIDDER MUST SUBMIT THIS CERTIFICATION WITH THE BID FORMS. I, the undersigned (Please check one box) ❑ underwriter❑ agent, certify that I and the Contractor listed below have jointly reviewed the "Insurance Requirements" in these Bidding Documents and the Contract Documents. If the City of Vernon ("City") awards the Contractor the Contract for this project, I will be able—within fourteen (14) calendar days after the Contractor is notified of the Contract's award—to furnish the City with valid insurance forms (including one or more insurance certificates and additional insured endorsements) that fully meet all of the Insurance Requirements. Name of Insurance Company Date Insurance Agent's Name(Printed) Insurance Agent's Name (signature) Address City State Zip Code Telephone Number FAX Number Email Address Contractor's Name City Specification Number Below State the Name of Insurance Company Providing Coverage: DO NOT write"Will Provide,""To Be Determined,""When Required,"or similar phrases. Commercial General Liability Automobile Liability Workers' Compensation Liability City Will Purchase Policy, if required Builders Risk Pollution Liability [NOTE TO CONTRACTOR: See "Insurance Requirements" EXHIBIT 4 of the Contract for the requirement of obtaining Pollution Liability Insurance,] NOTE TO THE UNDERWRITER/AGENT: If the insurance forms that the Contractor submits to the City do not fully comply with the Insurance Requirements, and/or if the Contractor fails to submit the forms within the 14-day time limit, the City may: (1) declare the Contractor's Bid non-responsive, and (2) award the Contract to the next lowest responsible Bidder. BF 31 of 35 BIDDING FORMS-ADDENDUM NO. 1 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 Ist of each year thereafter the Living Wage rate shall be adjusted by the change in the Federal Bureau of Labor Statistics Consumer Price Index, for the Los Angeles area, for the most recently available 12 month period. Accordingly, current City contractors will be required to adjust wage rates no later than July 1 st, to remain in compliance. ♦ Notify employees who spend any of their time providing labor or delivering services to the City of Vernon who make less than twelve dollars ($12) per hour of their possible right to the federal Earned Income Tax Credit(EITC) under § 32 of the Internal Revenue Code of 1954, 26 U.S.C. § 32, and making available to such employees forms required to secure advance EITC payments. ♦ If there is a difference between the Vernon Living Wage rates and the California Prevailing wage rates for the same classification of labor, the Contractor and subcontractor shall not pay less than the highest wage rate for that classification. The selected contractor will be required to show compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract;job classification; rate of pay and benefit rate. Provisions of the Living Wage Ordinance may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in clear and unambiguous terms. If this provision applies, you must provide a copy of the collective bargaining agreement to the City. I do hereby certify and declare under penalty of perjury that if awarded the contract for which this bid/proposal is made. will comply with the (Name of Company) requirements of the Vernon Living Wage Ordinance, Vernon Municipal Code Chapter 2 Article XVIII and the rules and regulations promulgated thereunder. I understand that failure to comply with the provisions of the Vernon Living Wage Ordinance may result in termination of the contract as well as other penalties as stated in Vernon Municipal Code Chapter 2 Article XVIII. (Name) (Title) (Signature) (Date) Please return this form with your bid/proposal. Questions concerning the Living Wage Ordinance should be directed to the Department of Finance—Purchasing Division 323.583.8811. BF 32 of 35 BIDDING FORMS—ADDENDUM NO. 1 Of V CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES °,",, � Purchasing&Payables Division 4305 Santa Fe AvenueVernon, CA 90058 (323)583-8811 Fax(323)826-1433 Internet: www.cityofvernon.oru—/deoartmentslfananee �r oHooMo ,p• R Article 1. Affidavit of Equal Opportunity Employment& Non-segregation(Form AA-1) Article 11. Vendor List Questionnaire(Forms AA-2 &3) In order to be placed to the City's vendor list and be eligible to receive City business, you must provide the following information except where indicated as "optional." By submitting this form you are declaring under penalty of perjury under the laws of the State of California and the laws of the United States that the information is true and correct. Furthermore, you are certifying that your firm will adhere to equal opportunity employment practices to assure that applicants and employees are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your firm does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location, under its control,where segregated facilities are maintained. Name of Company: Business Telephone Address: Fax number: (optional) City State Zip Contact Person E-mail Address (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: The following section is OPTIONAL and is for statistical reporting purposes only. Ownership(please check all that apply): African-American Asian Armenian Hispanic Native American Disabled Female BF 33 of 35 / \ 7 a d ¥ A uk u o « \ 3 ? a & = o / u & R cA � cq GOI)m � o \ © \j 2 � 7 � C � / ? � ƒ � \ � 7 5 ¥ + . � . \ 6 � k � ° \ \ o % » « A � 7 \ $ m 0 � ? \ « t f % J � % ® 4 is � % ? % # 7 ° 0 � \ u 7 � O � � IS,o < # o a A o © c o - 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 FIRE DEPARTMENT REGIONAL TRAINING CENTER PHASE 2,CONTRACT NO.CS-0671. THE PARTIES HERETO AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS The"Contract Documents"except for modifications issued after execution of this Agreement, shall consist of the following documents which are either attached hereto as exhibits or are incorporated into this Agreement by this reference,with the same force and effect as if set forth at length herein: A. Governmental Approvals including, but not limited to, permits required for the Work; B. This Agreement; C. Exhibit 1 —Performance Bond; D. Exhibit 2—Payment Bond; E. Exhibit 3—Maintenance Bond F. Exhibit 4—Insurance Requirements G. Notice Inviting Bids; H. Instructions to Bidders; I. Bid Forms; J. Designation of Subcontractors; and K. Bidding Addenda Nos. 2. REFERENCE DOCUMENTS The following Reference Documents are not considered Contract Documents and were provided to the Contractor for informational purposes. Contractor may rely upon the technical data contained in such documents but not upon non-technical data, interpretations, opinions or provisional statements contained therein: STANDARD CONTRACT FORM 1 A. Geotechnical Reports dated ; B. Sewer Utility Plans C. Geotechnical Investigation Report 3. SCOPE OF WORK Within the Contract Time and for the stated Contract Sum, subject to adjustments thereto, and pursuant to the Contract Documents, the Contractor shall perform and provide all necessary: labor; services; supervision; materials; tools; equipment; apparatus; facilities; supplies; tools; permits, inspections, plan checks, and similar Governmental Approvals; temporary utilities; utility connections; and transportation necessary to complete the Work in strict conformity with the Contract Documents for: Fire Department Regional Training Center, Phase 2 Contract No. CS-0671 4. TIME FOR PERFORMANCE Contract Time. Contractor shall achieve Substantial Completion of the Work within 30 calendar days from the Date of Commencement established in City's written Notice to Proceed ("Contract Time"), subject to adjustment in accordance with the Contract Documents. Contractor shall achieve Final Completion of the Work, within the time established by the Certificate of Substantial Completion issued by the City. The Contract Time may only be adjusted as permitted by this Construction Contract and the General Conditions. Time is of the essence of this Agreement. Except when the Contract Documents state otherwise, time is of the essence in the performance of the Work. Contractor acknowledges that the time limits and deadlines set forth in the Contract Documents are reasonable for Contractor to perform and complete the Work. Liquidated Damages. If Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time for Substantial Completion, Contractor shall pay City as liquidated damages the amount of one thousand five hundred dollars ($1,500.00) per day for each calendar day occurring after the expiration of the Contract Time for Substantial Completion until Contractor achieves Substantial Completion of the entire Work,as required by Article 3 of the General Conditions of Contract. STANDARD CONTRACT FORM 2 Contractor Initial here: 5. CONTRACT SUM In consideration of the Contractor's full,complete,timely, and faithful performance of the Work required by the Contract Documents, City shall pay Contractor the sum of dollars/no cents ($ ), 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 above written. Executed at California. [Contractor's Corporate Seal] [Contractor]: By: An Authorized Signatory Printed Name: Title: Date: CITY OF VERNON: APPROVED AS TO FORM: By: By: Name: Name: Title: Title: Date: ATTEST: By: Name: Title: CONTRACTOR'S SIGNATURE MUST BE NOTARIZED STANDARD CONTRACT FORM 3 EXHIBIT B SPECIAL PROVISIONS - SPECIFIC FOR THIS PROJECT FIRE DEPARTMENT REGIONAL TRAINING CENTER PHASE 2, CONTRACT NO. CS-0671 GENERAL B-1.01 Scope of Work— Scope of Work for Base Bid consists of clear and grub, sawcut and removal of existing AC pavement, excavation, earthwork and grading, construction of PCC curb and curb& gutter, PCC longitudinal gutter, PCC pavement, adjust utility covers to grade, furnish and install gravel, construct PVC storm drain, Rainstore infiltration system or approved equal, grate inlets and grate inlet skimmer box and landscape and irrigation. B-1.02 Contract Plans—The details for the work in this project are shown on the City of Vernon Contract No. CS-0671 sheet drawings (Plan No. B2747), incorporated into this Agreement by this reference: Sheet No. Descri tion 1 Title Sheet&Notes 2 Horizontal Control Plan 3-4 Precise Grading Plan and Details 5-6 Drainage Improvement Plan and Details 7-9 Landscape Plans B-1.03 Specifications — Installation and payment for all the work shall conform to 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. B-1.04 Length of Contract — All work in this project shall be completed within 45 (forty-five) calendar days as specified in the Bidder's Proposal. B-1.05 Delays and Extensions of Time—The provisions of Section 6-6 entitled "Delays and Extensions of Time" of the Standard Specifications shall apply except as modified and supplemented below. The second paragraph of subsection 6-6.1 is hereby deleted and the following paragraph shall be inserted in its place: 1 of 7 CS-0671 EXHIBIT B-SPECIAL PROVISIONS(ADDENDUM No. 1) No extension of time will be granted for a delay caused by the inability of the Contractor to obtain materials, equipment and labor, except as authorized by the City Engineer. The length of contract time stipulated includes any time which may be required to obtain materials, equipment and labor, and the Contractor in submitting a bid shall be deemed to have ascertained the availability of materials, equipment and labor and considered same in his proposed construction schedule. B-1.06 Quality of Work—The provisions of Section 4-1.1 entitled "Materials and Workmanship" of the Standard Specifications (2015) shall apply. In addition, any work deemed unacceptable by the City Engineer, whether a cause is determined or not shall be repaired or replaced by the Contractor at his expense. B-1.07 Liquidated Damages — In accordance with Section 6-9 of the Standard Specifications (2015), for each consecutive calendar day required to complete the work in excess of the time specified herein for its completion, as adjusted in accordance with Section 6-6 of the Standard Specifications (2015), the Contractor shall pay to the City, or have withheld from monies due it, the sum of $1,500.00. In addition, liquidated damages shall apply for the non-completion of intermediate milestones. B-1.08 Unit Prices - All costs not covered by specific unit prices but required for a complete job in place, shall be included in the items most related to the work. B-2.01 Scheduling of Work — The Contractor shall submit his work schedule to the City Engineer at the pre-construction meeting. The construction schedule shall show the sequence of work, critical path and estimated time for completion of each segment of work. This schedule must be reviewed and accepted by the City Engineer before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed schedule forecasting two weeks of work describing each day's work. This schedule shall be updated and submitted to the City every other Monday during the construction period. The Contractor shall give 48 hours notice to the City Engineer prior to the start of the work. B-2.03 Construction Hours— - Monday-Friday between the hours of 7 a.m. - 4 p.m. B-2.04 Coordination—Contractor shall coordinate with the following during construction: - City of Vernon Public Works Department(Building and Engineering Divisions). B-3.01 Stockpiling and/or storage of materials — The Contractor shall not stockpile or store materials on any public right-of-way or parking areas without specific permission of the Engineer. Materials spilled along or on said right-of-way or parking areas shall be removed completely and promptly. All stockpile and/or storage shall be kept in a safe, neat, clean, and orderly fashion, and shall be restored to equal or better than original condition upon completion of the work. CS-0671 2 of 7 EXHIBIT B-SPECIAL PROVISIONS(ADDENDUM No. 1) B-4.01 Extra Work — In the event the City and the Contractor are unable to negotiate an agreed price for extra work, which is acceptable to both parties, payment shall be made based on time and materials as follows: a. Work by the Contractor: The following percentages shall be added to the Contractor's cost and shall constitute the markup for all overhead and profits: 1. Labor 20% 2. Materials 15% 3. Equipment Rental 15% 4. Other Items and Expenditures 15% b. Work by the Subcontractor - When all or any part of the extra work is performed by a subcontractor, the above markups shall apply to the aggregate sum of the extra work, regardless of the number of tiers of subcontractors used. In addition, a markup of 10-percent on the first $5,000 of extra work and 5-percent on work in excess of$5,000 may be added by the Contractor. B-4.02 Compliance with Laws, Regulations, and Safe Practices — The Contractor shall perform all work in a safe, competent manner and in accordance with all federal, state, and local statues, regulations, ordinances, rules, and governmental orders. The Contractor will be solely and completely responsible for the conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. Inspection of the Contractor's performance by the City, its agents, or employees is not intended to include review of the adequacy of the Contractor's safety measures in or near the job site. B-4.03 Notification of Affected Residents/Businesses — The Contractor shall be responsible for distribution of the general information letter of the project to all affected residents and businesses. The Contractor shall notify in person and with printed notification at least five (5) working days prior to commencing work, to all agencies, firms, institutions, residents, utilities and waste disposal service fronting or affected by the work. Additional printed notification shall be given not less than forty-eight (48) hours prior to performing any work which will restrict property access, close or partially close the street, or which will restrict or disallow street parking. The Contractor shall coordinate with waste disposal collection and the postal service to ensure delivery of mail. The printed notices shall contain a general description of the work to be done and the date that the work is to be done. The notices shall also include a statement that parking will be restricted as called for on the "NO PARKING" signs to be posted along the street. All public notices must be reviewed and approved by the Resident Engineer prior to its distribution. The Contractor shall also post printed "NO PARKING-TOW AWAY" signs at one-hundred-foot (100) (thirty meters (30m)) maximum spacing along each side of the affected street for forty- eight (48) hours prior to the commencement of the street improvement work. The Contractor CS-0671 3 of 7 EXHIBIT B-SPECIAL PROVISIONS (ADDENDUM No. 1) shall document the day, date and time the "NO PARKING" signs were posted. Posting of signs on trees and utility poles will not be allowed. The signs shall contain the day, date, hours and vehicle code that parking will be prohibited on that particular street, CVC 22651L and CVC 22654D. The signs shall be removed immediately upon completion of work that will prohibit parking. The printed notices and the "NO PARKING" signs shall be furnished by the Contractor. Full compensation for compliance with the preceding requirements shall be considered as being included in the various Contract items in the bid schedule and no additional compensation will be allowed therefor. B-4.04 Notification of Utilities—The provisions of Section 5 entitled "Utilities" of the Standard Specifications shall apply. The Contractor shall contact the Underground Service Alert of Southern California (U.S.A.) at least two working days in advance of the construction work. II-5.01 Noise Restrictions — The Contractor may not operate certain power equipment, within a residential area or within a radius of 500 feet from a residential area, except during the following times: 1. From 7:00 am to 4:00 pm, Monday through Friday In addition, the noise level from the Contractor's operations shall not exceed 85 dBA when measured within a one hundred (100) foot radius at any time. B-6.01 Construction Order of Work — Work shall be scheduled so as to lessen the impact upon businesses. Requirements—General: 1. All construction shall conform to Sections 6-1 and 6-2 of the latest edition of the Standard Specifications for Public Works Construction and shall proceed in a smooth, efficient, timely and continuous manner. As such, once construction is started in a work area, the Contractor will be required to work continuously in that work area until construction has been completed and the work area is open and accessible to both vehicular and pedestrian traffic in a manner approved by the City Engineer before the next stage of work will be allowed to begin. 2. Once construction is started in a work area, the Contractor shall not withdraw manpower or equipment from that work area in order to start construction in another work area if doing so, in the opinion of the City Engineer, delays the completion of the work presently under construction. 4. No stockpiling of material and construction equipment on public streets or sidewalks will be permitted on this project unless approved by the City Engineer. Material and equipment placed on public streets, sidewalks and on the construction areas shall be used the same day. CS-0671 4 of 7 EXHIBIT B-SPECIAL PROVISIONS(ADDENDUM No. 1) B-7.01 Character of Workers — If any subcontractor or person employed by the Contractor shall appear to the City Engineer to be incompetent, intemperate, troublesome, or acts in a disorderly or otherwise objectionable manner, he shall be immediately discharge from the project on the requisition of the City Engineer, and such person shall not be reemployed on the work. If said individual has an ownership interest in the contracting entity, the City Engineer will serve written notice upon the Contractor and the Surety providing the faithful performance bond, in accordance with Section 6-4, "Default by Contractor," of the Standard Specifications, demanding complete and satisfactory compliance with the Contract. B-8.01 Examination of the Site — The Contractor is required to examine the site and judge for themselves the location, physical conditions, substructures, and surroundings of the proposed work. B-8.03 Dust Control—Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall abate dust nuisance by cleaning, sweeping and sprinkling water, or other means as necessary when requested by the City. Failure of the Contractor to comply with the City Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation or extension of contract completion time will be allowed as a result of such suspension. The cost of furnishing and operating dust control during the construction project must be included in the various bid items, and no extra compensation will be paid to the Contractor. B-8.04 Temporary Water Meter — If necessary, the Contractor shall obtain a temporary water meter from the City of Vernon Water Department by placing a deposit of$1000.00. Contractor shall pay for all water used. Contractor shall not relocate the service. The Contractor shall call the City of Vernon Water Department to relocate the service and will be charged $50.00 for each relocation. B-8.05 Cleaning; of Site During Construction — During construction, all existing improvements adjacent to the work area shall be swept free from soils, gravel, dirt or debris on a daily basis. The Contractor will be responsible for such cleaning. B-9.01 Best Management Practices (BMP's) — The Contractor shall submit a copy of their Best Management Practices (BMPs) to the City Engineer for review ten (10) days prior to the beginning of any work. The Contractor is hereby notified that specific construction practices in the Standard Specifications, Section 7-8.6.2, "Best Management Practices (BMPs)" are considered to be Best Management Practices. The Contractor shall implement and maintain such BMP's as are relevant to the work, and as are specifically required by the Plans or Special Provisions. The Contractor shall not commence activity until the BMP submittal has been reviewed and approved. B-10.01 Protection of the Public — The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the CS-0671 5 of 7 EXHIBIT B-SPECIAL PROVISIONS(ADDENDUM No. 1) opinion of the City Engineer, a condition exists in which the Contractor has not taken sufficient precaution of public safety, protection of utilities, and/or protection of adjacent structures or property, the City Engineer will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the City Engineer, or in the event of an emergency situation, the City Engineer may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the City Engineer, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor. 8-1 1.01 Material Submittals—The Contractor shall provide all required submittals including, but not limited to shop drawings and materials to the City upon reward of the contract for review and approval before the construction. The "Notice to Proceed" will not be issued to the Contractor until all the submittals have been reviewed and approved by the City. 13-12.01 Cleariniz and Grubbing Clearing and grubbing shall be performed in accordance with the plans, Section 300-1, "Clearing and Grubbing," of the Standard Specifications and these Special Provisions. Clearing and grubbing shall include removal of all existing natural and artificial objectionable materials from the right-of-way in construction areas, road approaches, material sites within the right-of-way not specifically addressed in these special provisions. Tree pruning/root trimming shall be performed as necessary for curb, gutter and asphalt construction as well as other related work. This work shall only be done with the express approval of the Engineer. All materials shall be removed as approved by the Engineer. This work shall be performed in advance of grading and paving operations and in accordance with section 300-1 of the Standard Specifications. Full compensation for conforming to the requirements of this article shall be considered as included in contract bid prices paid for the various items of work and no additional compensation will be allowed therefor. B-13.01 Benchmark Replacement — If benchmarks and/or centerline ties are displaced or damaged during construction, the Contractor shall replace them per City of Vernon Standards at no cost to the City. Contractor shall notify the City within 24 hours of displacing a benchmark and/or centerline ties. B-14.01 Contractor Responsibility — The Contractor shall be responsible for the final product and shall make any quality control, adjustments and corrections necessary to obtain the final product accepted by the City Engineer. The Contractor shall perform process and quality control sampling and testing and exercise management control the work of his/her subcontractors, technicians and workers to ensure that the milling, transporting, recycling, spreading, compaction, and finishing processes conform to these Specifications. CS-0671 6 of 7 EXHIBIT B-SPECIAL PROVISIONS(ADDENDUM No. 1) B-15.01 Use of City Yard for Disposal of Excess Material — The Contractor shall use the City owned yard located at 2221 55t11 Street (between Santa Fe Avenue and Alameda Street) for the disposal of excess material. The temporary use of the site will be available to the contractor at no cost. Excess material hauled to the City yard shall be cleared of all brush, grass, weeds and all other objectionable materials. B-16.01 Underground conduit construction — All existing utility lines shall be potholed prior to any installation of the conduits. Conduits shall be placed per plans. 13-17.01 Equipment List and Drawings -All incidental parts which are not shown on the Plans, in the Specifications, and which are necessary to complete or modify the existing systems, shall be furnished and installed as though such parts were shown on the Plans or specified in the Specifications. The cost for furnishing and installing these incidental parts shall be considered as included in the bid item price. All systems shall be in satisfactory operation at the time of completion and acceptance of the Work. B-18.01 Final Cleaning of Site and Restoration — The Contractor shall be responsible for cleaning and restoration of all damaged existing improvements such as sidewalk, driveway, curb and gutter, and private property at no cost to the City. Upon completion and before making application for acceptance of the work, the Contractor shall clean rights-of-way, streets, borrow pits and all other grounds occupied by him in connection with the work of all rubbish, excess materials, temporary structures and equipment, and all parts of the work and grounds occupied by him shall be left in neat and presentable condition. The Contractor shall remove all loose aggregates by sweeping all the sidewalks and gutters. The cost of furnishing and operating such sweeping after the construction of the project must be included in the various bid items, and no extra compensation will be paid to the Contractor. Full compensation for conforming to the requirements for RELATED WORK and FINAL CLEAN-UP in this article shall be considered as included in contract bid prices paid for the various items of work and no additional compensation will be allowed therefor. CS-0671 7 of 7 Attachment A (Addendum No. 1) ATTACHMENT A—BID ITEM SPECIFICATIONS Bid Item 1: BONDING, MOBILIZATION AND INSURANCE Mobilization shall be in accordance with Subsection 9-3.4 "Mobilization," of the Standard Specifications, and these special provisions. Mobilization shall consist of the following: • Preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies, incidentals to the project site • Cleaning up the site at the completion of project • Establishment of all offices, buildings, construction yards, sanitary facilities, and any other facilities necessary for work on the project • All other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site • Demobilization costs anticipated at the completion of the project. The cost of all bonds and insurance policies, including premiums and incidentals, shall be included in mobilization. No additional compensation will be allowed for additional mobilizations required, including but not limited to, delays caused by the relocation of existing utility facilities shown on the plans or discovered during construction operations. The deletion of work or the addition of extra work as provided for herein shall not affect the price paid for Mobilization. Payment for mobilization, site cleanup at the completion of the project, additional mobilizations, cost of all bonds and insurance policies, and all costs incurred prior to beginning work shall be considered to be included in the contract lump sum price paid for Mobilization and no additional compensation will be allowed. Payment will be made on a basis of the percentage of work completed on the entire project. Bid Item 2: PREPARE AND IMPLEMENT EROSION CONTROL PLAN The Contractor shall comply with the requirements of Subsection 7-8.6 of the Standard Specifications, requirements in the State Construction General Permit (CGP) Order 2009-0009- DWQ and shall conduct his operations so as to prevent Portland cement, mud, silt or other materials from entering the surface drainage structures of the adjoining street and any underground storm drainage system. The Contractor shall prepare an Erosion Control Plan in conformance with the CGP, and shall submit the document for City review and obtain approval from the City prior to start of construction. The Erosion Control Plan shall be include, but not limited to Best Management Practices (BMP's) necessary for the prevention of sediment, building materials and other building materials from entering the underground storm drain system. Full compensation for preparation of Erosion Control Plans as required by the CGP, implementation of the approved Erosion Control Plans, prevention of water pollution and all I of 7 CS-0671 Attachment A (Addendum No. 1) required control work for preservation, clean-up and restoration of damaged property shall be considered as included in the lump sum price bid. No separate payment will be allowed. Bid Item 3: ASPHALT CONCRETE PAVEMENT AND BASE REMOVAL All work shall conform to the provisions in Subsection 300-1.3, "Removal and Disposal of Materials," of the Standard Specifications, and these Special Provisions. Removal and disposal of existing AC pavement and Base (except for cold milling) as shown on the plans shall include conformance to the provisions of Subsection 300-1.3, "Removal and Disposal of Materials," of the Standard Specifications and these Special Provisions. All AC pavement to be removed shall be machine saw cut. In no instance shall the saw-cut depth be less than one and one (1-'/2) inches in depth. It is the contractor's responsibility to determine the method of removal that best satisfies the project requirements. Payment for Removal of AC and Base shall be per unit price bid for Sawcut and Remove Existing AC Pavement and Base and will be considered full compensation for furnishing all labor, tools, equipment, and materials necessary for saw cutting, removal and disposal of the existing asphalt concrete and base material and no additional compensation will be allowed therefor. Bid Items 4, 5, 6, 7, 8, 9, 12: PORTLAND CEMENT CONCRETE CONSTRUCTION All removal work shall conform to the provisions in Subsection 300-1.3, "Removal and Disposal of Materials," of the Standard Specifications, and these Special Provisions. Removal of existing concrete Curb & Gutter, Sidewalk, Cross Gutter and Spandrel and Driveway shall include sawcut and removal of concrete, base material and subgrade as necessary and per these special provisions. Portland Concrete Removal shall include removal of any existing PCC walkway in the immediate vicinity of the planned work necessary to allow for the installation of standard sidewalk. This shall include removal of any additional walkway needed to join existing walkway and new sidewalk at a maximum slope of five percent (5%). All PCC (concrete) pavement removals shall be machine saw cut. Pavement saw-cut shall be made so that removal is to the saw-cut line at score line or joint without additional cracking or breakage beyond the saw-cut line. The installation of sidewalk, walkways, curb, cross gutters, driveways and appurtenant PCC improvement shall be constructed in the areas designated herein and shall comply with Subsections 302-6 and 303-5 of the Standard Specifications and City Standards. All improvements shall be constructed of concrete prepared in accordance with Subsection 201- 1 of the Standard Specifications using symbol designation class 520-C-2500 except for PCC pavement which shall be 560-C-3250. All expansion joints shall be no more than 15 feet and per Engineer's direction. 2of7 CS-0671 '�l Attachment A (Addendum No. 1) The certified tickets accompanying each batch of ready mix concrete delivered to the job site shall clearly show the "class designation" of the specified concrete mix in addition to the requirements of Subsection 201-1.4.3, "Transit Mixers" of the Standard Specifications. PCC Pavement: PCC pavement improvements shall be constructed over 95% (relative) compacted native and as shown on the plans and modified only as required and approved by the Engineer. Curb & Gutter: Curb and Gutter improvements shall be constructed as shown on the plans and modified only as required and approved by the Engineer. Curb and Gutter shall be constructed over 5 inches of CMB. All affected irrigation and planting shall be repaired by the Contractor to the satisfaction of the Engineer. PCC Longitudinal Gutter: The longitudinal gutter construction shall conform to SPPWC Standard Plan 122-2, 2012 Edition, and details on the Plans. The flowline of the gutter shall be troweled smooth for a width of approximately four (4) inches on either side of the flowline. The outer edges of the gutter shall be rounded to a radius of Y2 inch. The Gutter shall be constructed over 6 inches of CMB. Any appurtenant PCC Improvement constructed as part of this project and not included with a unit price bid quote or otherwise covered for payment herein shall be paid at the unit price for 4 inch Sidewalk per square foot prorated to reflect the true amount of PCC material being constructed, as approved by the Engineer's Representative. The prorated unit price bid for the appurtenant PCC improvement shall include all costs of subgrade preparation, and the excavation, furnishing and compacting of backfill material and no additional compensation will be allowed therefor. Tests: All compaction tests and tests for Portland Cement Concrete will be performed by and at the expense of the City except the costs for failed tests shall be borne by the Contractor. The total cost of failed tests will be determined at the conclusion of construction. The unit price bid for PCC Sidewalk, Curb & Gutter, Driveways, Cross Gutter shall include all costs of removal of existing improvements and base material, as necessary, subgrade preparation, and the excavation, and/or removals, furnishing and compacting of crushed miscellaneous base and/or backfill material, installing concrete and reinforcement, if applicable, per plans, and the adjustment to finish grade of all street light pull boxes and water meter boxes within the limits of new construction as required by these specifications. Payment shall be per unit price bid for each item and will be considered full compensation for furnishing labor, tools, equipment, and materials necessary for the removal of each item listed in these special provisions and will include the Cost of saw cuts, removal of concrete, base and subgrade as necessary and disposal of said items in accordance with all governing federal, state and local rules and regulations, placement and compaction of CMB and precise grading under each PCC item per plans, complete construction of each item and repair and restoration of all affected irrigation and planting to the satisfaction of the Engineer. No additional compensation will be allowed therefor. Bid Item 10: ADJUST UTILITY COVER TO GRADE All petroleum, monitoring well covers, gas, water and other underground utility covers, valve 3 of 7 CS-0671 11� K Attachment A (Addendum No. 1) cans and lids, within the areas to be paved or covered with gravel shall be adjusted to grade in accordance with the requirements of their respective owners. The Contractor shall clean the interiors of all debris. It is the Contractor's responsibility to verify the number and location of these structures and to notify the owners thereof prior to doing this work. Valves, valve boxes and valve covers within an area to be paved, graded or overlaid shall be set to the finish grade by the contractor. It shall be the responsibility of the Contractor to obtain written approval from the Engineer prior to setting valves to finish grade. In any event, it shall be the responsibility of the Contractor to identify, locate and protect in place all existing utilities including but not limited to manholes, valves and pull boxes, unless otherwise directed by the Engineer. Payment to adjust valve to grade shall be made at the contract unit price per EACH and shall constitute full compensation for all labor, materials, tools, and equipment to disconnect, reset, reconnect and provide any required repaving as a result of adjusting the valve to grade as approved by the Engineer and no additional compensation will be allowed. Bid Item 11: FURNISH AND INSTALL GRAVEL All work shall conform to the provisions in Subsections 200-1, "Rock Products", of the Standard Specifications, and these Special Provisions. The Contractor shall furnish and place the gravel over native soil as shown on the Plans. Payment for Gravel shall be at the contract price bid per Cubic Yard and shall include full compensation for furnishing all labor, equipment and materials for doing the work and for disposal and removal of any excess materials. Bid Items 13 and 17: CONSTRUCT PVC DRAIN PIPE WITH BEDDING Work shall consist of furnishing and installing PVC plastic pipe as shown on the plans over bedding per manufacturer's recommendations. PVC pipe shall comply with Subsection 207-17 of the standard specifications. Bedding shall be per City of Vernon Standard Plan V2264. Contractor shall exercise care during removal of the cap at the end of the existing drain pipe and shall be responsible for repair of any damage to the pipe caused by the removal. Payment shall be at the contract unit price per linear foot of pipe and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in installing pipe and cap complete in place, including excavation, backfill and compaction, including furnishing, installing and compaction of bedding. Bid Item 14: CONSTRUCT RAINSTORE 3 INFILTRATION SYSTEM OR APPROVED EQUAL Work shall consist of furnishing and installing Rainstore 3 Infiltration system by Invisible Structures or approved equal, per manufacturer's recommendations and as shown on the plans. Payment shall be at the contract unit price per each and shall include full compensation for 4of7 CS-0671 .. 4 Attachment A (Addendum No. 1) doing all the work involved in installing the system in place, including excavation, filter fabrics, backfill and compaction. Bid Items 15 & 16: CONSTRUCT PIPE CONNECTION TO EXISTING INLET OR RCP Work shall consist of creating and opening in the existing inlet or RCP for and joining the new pipe as shown on the plans. Payment will be at the contract bid price per each connection and shall include full compensation for all work necessary for joining the existing structure per SSPWC standard plan 335-2. Bid Item 18: CONSTRUCT 36" X 36" GRATE INLET, BROOKS PRODUCTS MODEL 3636CB OR APPROVED EQUAL Work shall consist of constructing a grating catch basin as shown on the plans. Work shall comply with subsections 302-6, 303-1 and 303-5 of the Standard Specifications and City Standards. Payment shall be at the contract unit price per each and shall include full compensation for all costs of furnishing, pouring and installing PCC and/or reinforcement, subgrade preparation, excavation and/or removals, furnishing and compacting of crushed miscellaneous base and/or backfill material for structures, grates and all other miscellaneous items shown or referenced on the plans and as required by these specifications. Bid Item 19: FURNISH AND INSTALL GRATE INLET SKIMMER BOX BY BIO-CLEAN ENVIRONMENTAL SERVICES OR APPROVED EQUAL Work shall consist of furnishing and installing the grate skimmer box as shown on the plans and in accordance with the manufacturer's recommendations, unless directed otherwise by the Engineer. Payment shall be at the contract unit price per each and shall include full compensation for all costs of excavation and/or removals, subgrade preparation, furnishing and compacting of crushed miscellaneous base and/or backfill material for structures, and furnishing and installing all hardware and all other miscellaneous items shown or referenced on the plans and as required by these specifications. Bid Item 20: CONSTRUCT TRENCH REPAIR PER CITY OF VERNON STANDARD PLAN V2264 Work shall consist of furnishing and installing backfill and pavement as shown on the plans, City standard plan V2264 and directed by the Engineer. Payment shall be at the contract unit price per square foot. 5 of 7 CS-0671 Ak Attachment A (Addendum No. 1) Bid Item 21: EARTHWORK(EXPORT) Earthwork operations shall conform to the requirements of Section 300-2, "Unclassified Excavation" (SSPWC) and Section 300-4. Grading shall be performed to construct the lines and grades shown on the plans. Add the following to Subsection 300-2.1, "General", (SSPWC): Unclassified excavation shall include all excavation not covered under clearing and grubbing nor in any of the removal items. The Contractor's attention is directed to the Geotechnical Report boring locations regarding existence of underground water. If underground water is encountered during excavation, it shall be the responsibility of the Contractor to dewater and use special grading techniques and/or material to handle this condition prior to placing fill. All cost for complying with this requirement shall be included in the contract unit price for unclassified excavation. Any other methods or techniques implemented shall be included in the bid item for unclassified excavation. Add the following to the end of Subsection 300-4.9, "Measurement and Payment," (SSPWC): The measurement of material will be based on the volume it occupies in its final position after compaction. Unit price bid per CY shall include payment for transporting and disposal of surplus dirt in accordance to all applicable local, State and Federal regulations. Contractor shall haul and dispose of all excess material to the City yard located at 2221 55t" Street (West of Santa Fe Avenue). Material hauled to City yard shall be cleared of all brush, grass, weeds and all other objectionable materials. Payment for excavation and export of materials off-site shall be per contract unit price per CY and shall include hauling and disposal of material to City yard in accordance with all applicable federal, state and local regulations. No additional compensation will be allowed therefor. Payment for grading shall be included in the contract unit price for various items of work and no additional compensation will be allowed therefor. Bid Item 22: FURNISH AND LANDSCAPE AND IRRIGATION All removal work for this item shall conform to the provisions in Section 308, "Landscape and Irrigation," of the Standard Specifications and as shown on the plans. 6 of 7 CS-0671 At Attachment A(Addendum No. 1) The unit price bid for Landscape and Irrigation shall include all costs for labor, equipment and materials fine grading, furnishing and installing all necessary irrigation equipment and plumbing, planting and hardscape including gravel and all other miscellaneous items shown or referenced on the plans and as required by these specifications. Bid Item 23: SURVEYING The Contractor shall be responsible for the accuracy of surveying adequate for construction; however the task of surveying itself shall be performed under the direction of a Licensed Land Surveyor or Professional Engineer, whom is authorized to practice land surveying in the State of California, retained or provided for by the Contractor. All construction surveying necessary to complete the work as shown on the plans and provided for in these contract documents and specifications shall be accomplished by or under the direction of a Licensed Land Surveyor or Professional Engineer, with the authority to practice land surveying in the State of California, retained or provided by the Contractor. The AGENCY reserves the right to direct additional construction surveys to be performed by the Contractor when it feels it is required to adequately construct the work. 7of7 CS-0671 r 0i to PUBLIC WORKS, WATER & DEVELOPMENT SERVICES 4305 Santa Fe Avenue,Vernon, California 90058 Telephone(323)583-8811 Fax(323)826-1435 August 25,2016 Via e-mail NOTICE, TO BIDDERS-ADDENDUM NO. 2 FIRE DEPARTMENT REGIONAL TRAINING CENTER,PHASE 2 CONTRACT NO..CS-0671 IN THE CITY OF VERNON,CALIFORNIA Tlus nee shall be considered.as A.4',---churn No.,2 to the Plans and Specification's for the above-mentioned'project and modifies the onginal Contract Documents,as noted belbw Portions of ffic Coi&acf,not specifically mentioned'in the, Addendum,remain in force., Referenced Documcnts:� L Geotechnical Investigation Report:,Attached for reference., Ifyou have any questions,please contact Lissette:Mellendez of'my staff at(323)583-8811 extension 246., Sire: Cy Wi eske,P.E. Director of Public Works,Water,&Development Services DWAM Enclosures c:Deputy City Clerk Lissette Melendez Yesenia Ramirez E ,-cfusivefy Industriaf AW i ISO GEC-EIWKF3NMENTAL,INC. CAtr-n Caenrea 0HE Fnm GEOTECHNICAL INVESTIGATION REPORT Proposed Fire Department Training Center 3375 Fruitland Avenue City of Vernon, Los Angeles County, California 5 �aT GEI-Project No.: 100-18 Prepared for Sean Nazarie, P.E. Director of Engineering CNC Engineering 2121 Alton Parkway, Suite 200 Irvine, California 92606 May 8, 2015 Prepared by Geo-Environmental, Inc. 2691 Richter Avenue,Suite 127, Irvine,California 92606-5125 _- Tel (949)263-8334. Fax (949)263-8338 www.geo-environmental.com GEO-ENVIKONIVIENTAL, INC. Caltrans Certifies! DOE liras GEOTECHNICAL INVESTIGATION REPORT PROPOSED FIRE DEPARTMENT TRAINING CENTER CITY OF VERNON, LOS ANGELES COUNTY, CALIFORNIA Prepared for Sean Nazarie, P.E. Director of Engineering CNC Engineering 2121 Alton Parkway, Suite 200 Irvine, California 92606 GEI Project No. 100-18 Prepared by Roberto . res, M.Sc. Senior Project Engineer rhat H. ddigi, Ph.D., P.E. V C 25287 Principal Engineer Civil Engineer—25287 C1VI May 8, 2015 2691 Richter Avenue•Suite 127. Irvine,California 92606-5125 Tel.(949)263-8334 a Fax(949)263-8338 An Equal Opportunity Employer PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-18 TABLE OF CONTENTS PAGE 1.0 INTRODUCTION.......................................................................................................................1 2.0 PURPOSE AND SCOPE.........................................................................................................1 3.0 PROPOSED CONSTRUCTION............................................................................................2 4.0 SITE GEOLOGY........................................................................................................................2 5.0 FAULTING AND SEISMICITY............................................................................................2 5.1 SIGNIFICANT FAULTS AND SEISMICITY .......................................................................2 5.L I Elysian Park Thrust Fault.......................................................................................3 5.1.2 Compton Thrust Fault..............................................................................................3 5.1.3 Newport-Inglewood(L.A. Basin and Offshore) Fault.............................................3 5.2 SEISMIC DESIGN PARAMETERS......................................................................................3 6.0 FIELD EXPLORATION...........................................................................................................4 6.1 SITE RECONNAISSANCE...................................................................................................4 6.2 DRILLING AND SOIL SAMPLING.....................................................................................4 7.0 INFILTRATION TESTING ....................................................................................................5 8.0 LABORATORY TESTING .....................................................................................................6 8.1 INTRODUCTION..................................................................................................................6 8.2 IN-SITU MOISTURE CONTENT AND DRY DENSITY ....................................................6 8.2.1 In-Situ Moisture Content.........................................................................................6 8.2.2 In-Situ Dry Density..................................................................................................6 8.3 SIEVE ANALYSIS...............................................................................................................6 8.4 ATTERBERG LIMITS..........................................................................................................6 8.4.1 Liquid Limit.............................................................................................................7 8.4.2 Plastic Limit.............................................................................................................7 8.5 MODIFIED PROCTOR (COMPACTION) ...........................................................................7 8.6 DIRECT SHEAR ..................................................................................................................8 8.7 RESISTANCE VALUE (R-VALUE)...................................................................................8 8.8 CORROSION POTENTIAL ..................................................................................................9 8.8.1 Sulfate Content.........................................................................................................9 8.8.2 Chloride Content.....................................................................................................9 8.8.3 Minimum Resistivity and pH....................................................................................9 9.0 SITE CONDITIONS ...............................................................................................................10 9.1 SUBSURFACE CONDITIONS ...........................................................................................10 9.2 GROUNDWATER...............................................................................................................10 May 8,2015 i Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-18 10.0 SOIL LIQUEFACTION..........................................................................................................10 10.1 METHOD OF ANALYSIS..................................................................................................10 10.2 IMPACT OF SOIL LIQUEFACTION..................................................................................It 10.3 EVALUATION OF SOIL LIQUEFACTION POTENTIAL..................................................11 10.4 SEISMIC SETTLEMENT ...................................................................................................11 11.0 CONCLUSIONS AND RECOMMENDATIONS............................................................12 11 . 1 GENERAL CONCLUSIONS...............................................................................................12 11.2 SITE PREPARATION AND EARTHWORK.......................................................................13 11.2.1 Cleaning and Grubbing.........................................................................................13 11.2.2 Construction of Engineered Fill for Building Structure........................................13 11.2.3 Preparation of Over-Excavation Bottom...............................................................14 11.2.4 Excavation for Utility Trenches.............................................................................14 11.2.5 Protection of Excavations......................................................................................14 11.2.6 Difficulty of Excavations........................................................................................14 11.2.7 Potential for Caving...............................................................................................15 11.2.8 Fill Materials.........................................................................................................15 11.2.9 Placement and Compaction of Fills.......................................................................15 11.2.10 Lift Thickness and Compaction Equipment.......................................................16 11.2.11 Trench Backfill...................................................................................................16 11.2.12 Earthwork Monitoring—Construction Observation and Testing......................16 11.3 FOUNDATION DESIGN ....................................................................................................17 11.4 CONCRETE SLAB CONSTRUCTION ...............................................................................17 11.5 PAVEMENT DESIGN ........................................................................................................17 11.6 DRAINAGE........................................................................................................................18 11.7 EXTERIOR CONCRETE AND MASONRY FLATWORK..................................................18 11.8 PLAN REVIEW AND CONSTRUCTION OBSERVATION AND TESTING......................18 12.0 LIMITATIONS..........................................................................................................................19 13.0 REFERENCES..........................................................................................................................19 ILLUSTRATIONS FIGURE 1 -VICINITY MAP FIGURE 2-BORING LOCATION MAP FIGURE 3-GEOLOGIC MAP FIGURE 4-REINFORCED ENGINEERING FILL APPENDICES APPENDIX A-BORING LOGS APPENDIX B-LABORATORY TEST RESULTS APPENDIX C-FAULTING AND SEISMICITY APPENDIX D-SOIL LIQUEFACTION ANALYSIS APPENDIX E-SITE PHOTOGRAPHS May 8,2015 ii Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-18 1.0 INTRODUCTION This report presents the results of a site exploration performed by Geo-Environmental,Inc. (GEI)at the site located at 3375 Fruitland Avenue in the City of Vernon, Los Angeles County, California(Figure 1). The exploration was performed to provide geotechnical recommendations for the design and construction of the proposed Fire Department training center. The preparation of this geotechnical investigation report was in general accordance with GEI's Proposal No. 14-124 dated December 15, 2014. 2.0 PURPOSE AND SCOPE The purpose of this geotechnical investigation was to explore the subsurface conditions at the site and to evaluate the adequacy of the on-site soils to provide satisfactory support for the proposed training center. The scope of GEI's work consisted of the following tasks: 4 Data review of information; Site reconnaissance,the marking of two(2)boring locations, the drilling of two(2)soil borings to depths ranging between five(5)and 51.5 feet,and the collection of drive and bulk soil samples from the borings, 4L Geotechnical engineering analysis; and Preparation of a geotechnical report presenting our conclusions and recommendations regarding: ■ Foundation design parameters; ■ Characteristics of the subsurface materials encountered; ■ Suitability of onsite soils for use as fill material; ■ Thickness and competence of existing fill, if any; ■ Nature of bedrock, if encountered; ■ Groundwater table; ■ Historical high groundwater levels at the site; ■ Known earthquake faults and geologic-seismic features in the area; ■ Seismic coefficient; ■ Earthquake induced dynamic ground compaction; ■ Liquefaction potential and mitigative measures; ■ Liquefaction induced settlements; ■ Structural backfrll specifications and compaction using excavated or imported material; ■ Removal of loose or undesirable material; ■ Floor slab support; May 8,2015 1 Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-18 ■ Pavement sections; and ■ Site preparation for proposed construction. 3.0 PROPOSED CONSTRUCTION The project will consist of constructing a modular training center. The new center will be located at the rear of Fire Station No. 1 located at 3375 Fruitland Avenue on an approximately 30,000 square-foot unimproved area of land. The center will consist of various modular props and training areas for the Fire Department. 4.0 SITE GEOLOGY The lithology that underlies the project site consists primarily of marine and non-marine sedimentary rocks with surficial deposits of alluvial materials. These materials consists of Quaternary Alluvium (Q) of the Pleistocene and Holocene age composed of unconsolidated and semi-consolidated marine lake,playa,and terrace deposits. See Figure 3. 5.0 FAULTING AND SEISMICITY 5.1 SIGNIFICANT FAULTS AND SEISMICITY A list of active and potentially active faults is presented in Appendix C. This list includes the most significant regional and local Quaternary faults within approximately 100 kilometers(km)of the site. Active and potentially active faults are of Holocene and Quaternary ages,respectively,as defined by the California Division of Mines and Geology (CDMG),Notes 3 and 43 (CDMG, 1981 and 1975), respectively. Faults considered capable of generating earthquake magnitudes of MI 6.0 or less and lying farther than 160 km(100 miles) from the site are not included because they contribute a minor portion of potential ground shaking at the site. The symbol `Mi' represents Richter or local magnitude and the symbol `Mw' represents moment magnitude. A plot of the epicenters of earthquakes that have occurred in the region between 1800 and 2000,generated using the computer program EQSEARCH(Blake,2000a),is shown in Appendix C. Historical earthquake data was obtained from an abbreviated version of the CDMG computerized earthquake catalog for the State of California. This catalog has been supplemented by earthquake data from Townley and Allen(1939),and the U.S. Geological Survey's Earthquake Data Base System in Denver, Colorado. The primary seismic sources for the project site are the Elysian Park Thrust Fault,the Compton Thrust Fault, and the Newport-Inglewood (L.A. Basin and Offshore) Fault. A brief description of the major faults considered relevant to the site is given below: May 8,2015 2 Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-18 _ 5.1.1 Elysian Park Thrust Fault A key issue in estimating the earthquake hazard to the Los Angeles area is the hidden subsurface geometry of blind thrust faults. The Elysian Park Thrust has a poorly known width through the seismogenic crust,and is thus at the center of a current controversy over the maximum magnitude event that it could produce. Competing thin and thick-skinned compressional tectonic models allow very different fault widths within seismogenic depths, leaving poor maximum magnitude estimates. The segmentation of the Elysian Park Thrust Fault system is even less well known;the same is true for the other thrusts along the northern margin of the Los Angeles and San Fernando basins that produced the 1971 San Fernando, 1987 Whittier Narrows, and 1994 Northridge earthquakes. The Elysian Park Thrust Fault Zone lies approximately 0.4 miles of the project site. 5.1.2 Compton Thrust Fault After the Whittier Narrows (1987,Mt=6)and Northridge(1994,MI=6.7)earthquakes revealed that blind thrust faults threaten metropolitan Los Angeles,an array of 250 continuously recording GPS stations were deployed to detect and monitor the motion associated with the movement of the blind thrust faults(inclined faults that do not reach the surface)and the surface faults. Gerald Bawden and his colleagues analyzed the data from this network and found that groundwater and oil pumping produce motions at some of the GPS sites that obscure, and in some cases minimize tectonic signals expected from the blind thrust faults. By utilizing only the GPS sites that contain tectonic signals,they determined that the tectonic squeezing(4.4± 0.8 mm/year or 0.17±0.03 in/year)across Los Angeles will likely produce earthquakes on either the blind Elysian Park,Puente Hills, or Compton Thrust faults. The Compton Thrust Fault Zone lies approximately 4.2 miles of the project site. 5.1.3 Newport-Inglewood(L.A. Basin and Offshore) Fault The Newport-Inglewood(L.A.Basin and Offshore)Fault Zones,composed of discontinuous faults and folds that presumably overlie a through-going right-lateral strike-slip fault in the basement rock, trends southeastward from near Santa Monica, across the Los Angeles basin, to Newport Beach. Faults having similar trends and projections occur offshore in San Clemente and in San Diego(the Rose Canyon and La Nacion Fault Zones). Altogether, these various faults constitute a system more than 240 km long that extends into Northern Baja California,Mexico. Individual faults range from seven(7)to 18 km long. For the purpose of computer modeling, the zone is divided into two (2) segments:the Newport-Inglewood and the "offshore zone of deformation." The Newport-Inglewood (L.A. Basin and Offshore) Fault Zones lie approximately between 6.5 and 32.7 miles of the project site. 5.2 SEISMIC DESIGN PARAMETERS The seismic ground motion values have been determined in accordance with 2013 California Building Code (CBC). The parameters Ss and S t are 1.085 and 0.377,respectively,according to 0.2 and 1-second spectral response accelerations. The Site Class is D;the site is assigned Seismic Design Category D. The maximum considered earthquake spectral response acceleration for short periods, SMs,and for 1-second periods, Smi, (adjusted for site class effects) are 1.156 and 0.620, respectively. For the 5% damped design spectral response acceleration at short periods, SDs, and at 1-second periods, SDI, values of 1.156 and 0.620, May 8,2015 3 Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-18 respectively, can be used. These parameters are summarized in Table 1. Table 1 - Seismic Design Parameters (2013 California Building Code) Description Value/Code Site Latitude (decimal degrees) 33.9977 Site Longitude (decimal degrees) -118.2051 Site Class D 0.2 Second Spectral Response, Ss 1.085g 1-Second Spectral Response, S, 0.377g Maximum Considered Earthquake Spectral Response 1.156g Acceleration for Short Periods, SMs Maximum Considered Earthquake Spectral Response 0.620g Acceleration for 1-Second Periods, SMl 5% Damped Design Spectral Response Acceleration at Short 1.156g Periods, SDs 5% Damped Design Spectral Response Acceleration at 1- 0.620g Second Periods, SDI Seismic Design Category(SDs>0.50g&SDI10.zog) D The peak ground acceleration for the site with 10 percent probability of exceedance in 50 years for alluvium conditions is estimated to be approximately 0.44g(Reference:Figure 3.3 entitled"Los Angeles 7.5-Minute Quadrangle and Portions of Adjacent Quadrangles"). 6.0 FIELD EXPLORATION 6.1 SITE RECONNAISSANCE A site reconnaissance was performed on April 11, 2014 to verify the condition of the subject site and to determine the suitability of the site for the proposed construction. Surficial conditions encountered were as anticipated. 6.2 DRILLING AND SOIL SAMPLING Field explorations were conducted on April 14, 2015. A total of two (2) auger borings were drilled within the project site (See Figure 2). Depth of the soil borings ranged approximately between five (5) and 51.5 feet below the existing ground surface. May 8,2015 4 Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-18 Relatively undisturbed drive samples were collected from the soil borings at specified depths using a 2.5- inch outside diameter, 18-inch long split-barrel lined with one-inch-high brass rings. The sampler was driven using a 140-pound hammer falling 30 inches. The brass rings were carefully removed from the sampler,transferred to a plastic tube,and sealed at both ends with plastic caps to protect and maintain the in- situ moisture content of the soils. SPT samples were collected from the borings at specified depths using an 18-inch SPT. For SPT sampling,the soil material collected was carefully removed from the sampler and transferred to a plastic bag to protect and to maintain the in-situ moisture content. The blow counts from the SPT sampling were utilized to aid in evaluating the liquefaction potential at the subject site. Bulk samples of the surficial soils were collected for subsequent laboratory analysis to evaluate the granulometry, plasticity, compaction characteristics, consolidation and expansion potential, shear strength parameters, corrosion properties, and Resistance-Value (R-value) of the material. The soils encountered in the borings were classified in accordance with the Unified Soil Classification Systems as shown on plate A-0 in Appendix A. The logs of the borings are presented in Appendix A. 7.0 INFILTRATION TESTING Upon completion of the drilling of the borehole to a depth of five(5)feet,infiltration tests were performed in the soil boring in general accordance with the procedures and guidelines prepared by the County of Los Angeles. Prior to the infiltration testing,a 2-inch diameter perforated(slotted)casing with a solid end cap was installed inside the borehole to a depth of five(5)feet below the existing ground surface. The annulus between the borehole's wall and the slotted pipe was filled with filter material(clean sand with grain-size diameters greater than 0.02 inches). The annulus above the test section was backfilled with bentonite(low- permeability) material. The borehole was presoaked to a minimum of one (1) foot above the sealing cap. After the presoaking process, the infiltration testing was conducted for approximately one (1) hour. The time interval for measuring the water drop readings was determined in accordance with the County's guidelines (10 minutes). All measurements were read to the closest 1/10-inch every 10 minutes. The infiltration tests were terminated after the stabilized rates of the four (4) consecutive readings were within 10 percent. GEI computed the infiltration rates of the on-site soils based on the last reading. The test results are shown in Table 2. Table 2 —Infiltration Test Results Infiltration Rate *Infiltration Rate Boring (Measured) (Final) Location (in/hr) (in/hr) B-1 252.75 23.55 *Included a Reduction Factor May 8,2015 5 Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-18 8.0 LABORATORY TESTING 8.1 INTRODUCTION Laboratory testing on samples of the soils obtained from the borings was performed in accordance with ASTM specifications. Relatively undisturbed, disturbed SPT, and bulk soil samples obtained from the borings were tested in the laboratory to determine in-situ moisture content and dry density, compaction characteristics (maximum dry density and optimum water content) by modified proctor testing, plasticity/expansive characteristics, grain-size distribution, unconfined compression, corrosion and shear strength. The results of moisture content and dry density testing are indicated on the boring logs in Appendix A. The results of all other laboratory testing are presented below and in Appendix B. Brief descriptions of the laboratory testing performed are presented in the following sections. 8.2 IN-SITU MOISTURE CONTENT AND DRY DENSITY 8.2.1 In-Situ Moisture Content The in-situ moisture content of the soils was determined in accordance with the ASTM D-2216 Test Method. This method involves obtaining the moist weight of the sample and then drying the sample to obtain its dry weight. The moisture content is calculated by taking the difference between the wet and dry weights, dividing it by the dry weight of the sample, and expressing the result as a percentage. 8.2.2 In-Situ Dry Density In-situ dry density testing was performed in accordance with the ASTM D-2937 Test Method. This method involves obtaining a relatively undisturbed soil sample by driving a thin-walled cylinder into the soil to determine the dry weight and volume of the sample. Simple computations are then performed to determine the dry unit weight of the soil,generally referred to as the in-situ density of that material. The results of the in-situ moisture content and dry density testing are presented on the boring logs in Appendix A. 8.3 SIEVE ANALYSIS Representative samples were dried, weighed, and soaked in water until individual soil particles were separated; then the samples were washed on the No. 200 sieve. The portion of the material retained on the No.200 sieve was oven-dried and then run through a standard set of sieves in accordance with the ASTM D- 422 Test Method. The grain-size distribution data are shown in Figures B-1 and B-2 in Appendix B. 8.4 ATTERBERG LIMITS Atterberg Limits testing was performed on selected samples to evaluate the plasticity characteristics of the soils in accordance with the ASTM D-4318 Test Method. This method involves determination of the liquid limit and plastic limit of Minus No. 40 U.S. Standard Sieve material. May 8,2015 6 Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-18 8.4.1 Liquid Limit The liquid limit is determined by performing trials in which a portion of the specimen is spread into a brass cup,divided in two(2)with a grooving tool,and allowed to flow together by repeatedly dropping the cup in a standard mechanical device. The multi-point method involves a series of trials over a range of moisture contents. The liquid limit(moisture content at which the soil groove closes for a distance of 1/2-inch in 25 blows) is determined by the plotted data. 8.4.2 Plastic Limit The plastic limit is determined by alternately pressing together and rolling a portion of the plastic soil into a 1/8-inch diameter thread until the moisture content is reduced to a point at which the thread crumbles and is no longer able to be pressed together and rerolled into a 1/8-inch diameter thread. The moisture content at this stage is reported as the plastic limit. The Plasticity Index is calculated as the difference between the liquid limit and the plastic limit. Test results are presented below in Table 3 and in Figure B-3 in Appendix B. Table 3—Atterberg Limits Test Results Liquid Plastic Plasticity Plasticity Boring No. and Depth Limit(LL) Limit(PL) Index(PI) Characteristics B-2 @ 5 feet NP NP NM Non-Plastic B-2 @ 10 feet NP NP NM Non-Plastic B-2 @ 15 feet NP NP NM Non-Plastic B-2 @ 20 feet NP NP NM Non-Plastic B-2 @ 25 feet NP NP NM Non-Plastic B-2 @ 30 feet NP NP NM Non-Plastic B-2 @ 35 feet NP NP NM Non-Plastic B-2 @ 40 feet NP NP NM Non-Plastic B-2 @ 45 feet 34 26 8 Low B-2 @ 50 feet 33 15 18 Medium Plastic • Plasticity Index =Liquid Limit—Plastic Limit • NAII=Limit could not be measured 8.5 MODIFIED PROCTOR (COMPACTION) Compaction testing was performed on representative samples of surficial soils in general accordance with the ASTM D1557 Test Method. This method involves placing soil at a selected moisture-content in five(5) layers into a 4-inch diameter mold with a volume of 1/30 cubic foot. Each layer is compacted with 25 blows of a 10-pound hammer dropped from a distance of 18 inches, thus producing a total compactive effort of approximately 56,000 ft.-lb./ft3. The resulting dry unit weight is determined. The procedure is repeated at May 8,2015 7 Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-18 different moisture contents to establish a relationship between the moisture content and dry unit weight of the soil. When plotted, the data produces a compaction curve, from which the maximum dry density and optimum moisture content of the soil can be determined. The in-situ dry density determined is compared to the maximum dry density for the same material to determine the degree of relative compaction. Results of the Modified Proctor testing performed on selected samples of the subgrade soils are presented in Table 3 and in Figure B-4 in Appendix B. Table 4—Compaction Test Results Boring Depth Maximum Dry Optimum Water No. (ft) Soil Description Density(pcf) Content (%) B-1 0-5 Silty Sand(SM) 120.5 10.0 8.6 DIRECT SHEAR Direct shear testing was performed on a selected sample in accordance with the ASTM D3080 Test Method on relatively undisturbed ring samples. This method consists of placement of the soil sample in a direct shear device, application of a predetermined normal stress, provision for wetting or draining of the soil specimen,or both,consolidation of the specimen under the normal stress,and then shearing the specimen at a constant rate of shearing deformation. The shearing force and horizontal displacements are measured and recorded as the soil specimen is sheared. The shearing is continued well beyond the point of maximum stress until the stress reaches a constant or residual value. Typically,three(3)samples of the same material are sheared at different confining pressures. By plotting the shear stress versus the confining pressure for the samples, a best-fit straight line drawn through the data yields the angle of internal friction and the apparent cohesion of the material. Plot of direct shear testing is presented in Figure B-5 in Appendix B. The results are also summarized in Table 5. Table 5—Direct Shear Test Results Boring No. and Depth Peak Cohesion Peak Friction Angle (psf) (degrees) B-1 @ 3.5 feet 489 36 8.7 RESISTANCE VALUE (R-VALUE) R-Value testing of the subgrade soils was performed in the laboratory on selected samples in accordance with California Test Method No. 301, This method involves six(6)steps: (1)preparation of materials for testing,(2)compaction,exudation pressure determination,and measurements of R-Value test specimens,(3) determination of the expansion pressure of R-Value test specimens, (4) measurement of the horizontal pressure and displacement by means of the stabilometer,(5)calculation of the moisture content and density of R-Value test specimens,and(6)determination of the R-Value of the material. The results of the R-Value testing are shown in Table 6. May 8,2015 8 Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-18 Table 6—R-Value Test Results Boring No. and Depth By Exudation By Expansion (TI=5.0) (TI=5.0) B-1 @ 0-5 feet 69 63 8.8 CORROSION POTENTIAL Corrosivity testing was performed on a selected sample to assess the corrosion potential of the on-site soils. Corrosion test was performed on a soil sample collected at B-1. A soil is considered corrosive if one or more of the following conditions exist(per Caltrans Test Methods): ■ Sulfate concentration is greater than or equal to 2,000 ppm (SC>2,000) ■ Chloride concentration is greater than or equal to 500 ppm (CC>500) ■ pH is less than 5.5 (pH<5.5) • Minimum resistivity is less than or equal to 1,000 ohm/cm (MR<1,000) Results of the corrosion test(resistivity,pH, sulfate, and chloride)are described in the following sections: 8.8.1 Sulfate Content Testing of the sulfate content of the subgrade soils was performed in the laboratory in accordance with California Test Method(CT)No. 417. This method is used for determination of the sulfate content of soils and waters. In this test method,the sulfate ion is precipitated with barium chloride,in an acidic medium,to barium sulfate crystals of uniform size. The barium sulfate present in suspension is determined by a measurement of its turbidity and comparison with a known standardization curve. The results are used to determine the corrosive nature of the environment for concrete structures,as well as for other purposes. The soil sulfate content detected in the soils was 99 ppm. We recommend utilizing Type I Portland cement for concrete in contact with the subgrade soils. 8.8.2 Chloride Content Determination of the chloride content in the subgrade soils was performed in the laboratory in accordance with CT No. 422. The test method is divided into two(2)parts for determination of the chloride content of waters and the water-soluble chloride content of soils. Part 2 was performed to determine the chloride content of the subgrade soils at the subject site. The chloride content of the soils tested was 198 ppm. 8.8.3 Minimum Resistivity and pH Testing of the subgrade soils was performed in the laboratory to determine the resistivity and pH. Factors that contribute to corrosion include the presence of soluble salts,soil resistivity,soil pH,and the presence of oxygen. The resistivity of the soil indicates the relative quantity of soluble salts,while the pH of the soil indicates the degree of acidity or alkalinity. The laboratory resistivity and pH measurements for soil samples are May 8,2015 9 Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-1 S determined using this test method. The pH of the soils was determined to be 7.2. The minimum resistivity detected was 4,700 ohm-cm. In general,metal pipes or structural members to be buried below grade should be properly coated or wrapped and sealed with corrosion resistant tar, enamel, or plastic tape for protection against the onsite soils. As appropriate, a qualified corrosion engineer should be consulted for a more in-depth evaluation of the corrosive nature of the onsite soils and for any special corrosion protection design that may be required. 9.0 SITE CONDITIONS 9.1 SUBSURFACE CONDITIONS Subsurface soils encountered in the borings drilled at the site consisted of mixtures of fine-to coarse-grained sands and silts with occasional clay deposits. These alluvial deposits varied in thickness, density, and consistency. In general, the upper(between 0-5 feet deep) subgrade soils generally existed in a medium dense state. Underlying these soils,the materials encountered generally existed in a medium dense to dense state. Moisture contents varied between 3.0 and 23.3%. The dry unit weight of the onsite soils varied between 96.4 and 120.5 pounds per cubic foot(pcf). 9.2 GROUNDWATER Groundwater was not encountered at soil boring B-2 drilled up to 51.5 feet below the existing ground surface. Historically,the highest groundwater table depth measured within the project site has been between 30 and 40 feet below the existing ground surface (Plate 1.2 entitled "Historically Highest Ground Water Contours and Borehole Log Data Locations,South Gate Quadrangle). The depth of the groundwater table may fluctuate depending on environmental changes such as heavy rains,injection of water in nearby areas, or dewatering operations in surrounding project site. 10.0 SOIL LIQUEFACTION 10.1 METHOD OF ANALYSIS A soil liquefaction analysis was conducted in accordance with the guidelines outlined in the CDMG (1997) Special Publication 117 and recommended procedures for its implementation(S.C.E.C., 1999). The project site is located in an area prone to liquefaction during a strong ground shaking generated from an earthquake. Soil liquefaction is a phenomenon in which saturated cohesionless soils undergo a temporary loss of strength during severe ground shaking and acquire a degree of mobility sufficient to permit ground deformation. In extreme cases, the soil particles can become suspended in groundwater, resulting in the soil deposit becoming mobile and fluid-like. Liquefaction is generally considered to occur primarily in loose-to-medium dense deposits of saturated soils. Thus, three (3) conditions are required for liquefaction to occur: (1) a cohesionless soil of loose-to-medium density; (2) a saturated condition; and (3) rapid large-strain cyclic loading,normally generated by strong earthquake motions. May 8,2015 10 Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-18 10.2 IMPACT OF SOIL LIQUEFACTION Loose, saturated sandy and silty soils tend to liquefy if subjected to strong ground shaking such as that generated by an earthquake. Soil liquefaction results in a very significant loss of shear strength in these materials, sometimes causing uncontrolled lateral flow and large seismic deformations. Consequently,soil liquefaction often causes severe damage to structures during earthquakes. A large amount of the damage in the Simi and San Fernando Valleys during the Northridge earthquake occurred because of liquefaction in loose,saturated sandy silty soils underlying numerous structures,both single-family homes and multi-storied buildings (EERC, 1994). 10.3 EVALUATION OF SOIL LIQUEFACTION POTENTIAL GEI evaluated soil liquefaction potential using an updated version of the so-called"simplified procedure"(Seed et al., 1982; updated by Seed and coworkers (Seed et al, 1983, 1985, 1986a,b, 1988, 1990 and 2003)and the participants of the National Center for Earthquake Engineering Research(NCEER)Workshop on Liquefaction (Youd and Idriss, 1997), as well as the guidelines for evaluating seismic hazards in California (Special Publication 117,by the California Department of Conservation,CDMG, 1997). The simplified procedure is based on the results of field testing(SPT data)and an empirical boundary between levels of ground shaking that have (and have not)produced liquefaction during past earthquakes. The analysis is based upon the soil data collected during GEI's field exploration and the seismic hazard evaluation presented in the seismicity section of this report. An estimated peak horizontal ground acceleration at the surface of 0.44g and a magnitude of M 6.7 were used in the evaluation of liquefaction potential. The water table level was assumed to be at 30 feet below the existing ground surface. The potential for liquefaction was analyzed for exploratory boring B-2 drilled at the site. The liquefaction study indicated that the soils layers existing between depths of approximately 41.5 and 51.5 feet below the ground surface have factors of safety of less than 1.3 against occurrence of liquefaction. These soils layers may therefore be considered susceptible to liquefaction and liquefaction related seismic hazards (e.g., dynamic settlement)during the design seismic event. 10.4 SEISMIC SETTLEMENT As a result of liquefaction,the proposed foundation of the proposed training center may be subjected to several hazards including liquefaction-induced settlements. In order to estimate the amount of post-earthquake settlement, the method proposed by Wu and Seed (2004) was used in which the seismically induced cyclic stress ratios and corrected N-values are related to the volumetric strain of the soil. The amount of settlement during a strong seismic event depends on the thickness of the liquefiable layers and the density of the soils. Under the current conditions, a maximum post-earthquake settlement of approximately 1.7 inches was calculated for the site. Based on the guidelines presented in California Division of Mines and Geology (CDMG)Special Publication 117(1997a)and considering the relatively non-uniform subsurface stratigraphy across the site,we estimate a maximum localized differential settlement approximately between 0.8 and 1.3 inches. In addition,dry soils(soils above the assumed groundwater table)with low density of softer consistency tend to May 8,2015 11 Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-18 undergo a certain degree of compaction during a seismic event. Earthquake shaking often induces significant cyclic shear strain in a soil mass which responds to the vibration by undergoing volumetric changes. Volumetric changes in dry soils take place primarily through changes in the void ratio(usually contraction in loose or normally consolidated soft soils,and dilation in dense or overconsolidated stiff soils)and secondarily through particle reorientation. Such volumetric changes are generally non-recovered. The likely settlement induced by dynamic compaction of relatively dry soil layers at the site (i.e., within the upper 30 feet) was calculated using the method proposed by Wu and Seed(2004). Under the current conditions,the site soils up to a depth of approximately 30 feet are estimated to undergo a post-earthquake settlement of up to approximately one (1) inch. Considering the relatively non-uniform susbsurface stratigraphy across the site,we estimate a maximum localized differential settlement approximately between 0.5 and 0.75 inches. 11.0 CONCLUSIONS AND RECOMMENDATIONS 11.1 GENERAL CONCLUSIONS Based on our field observations and the results of laboratory tests performed on soil samples obtained from the site,it is our opinion that the subject site is suitable for support of the proposed training center building, provided the recommendations presented in this report are implemented in the design of foundation system and into the construction phase of the development. The primary geotechnical issue is the potential for soil liquefaction at depths between 41.5 and 51.5 feet below the existing grade in the event of strong ground shaking during an earthquake. To mitigate the potential problems due to soil liquefaction,we recommend constructing a two(2)feet thick bi-axial geogrid-reinforced engineered fill under the foundation system of the building to minimize earthquake-induced differential settlements. The proposed reinforcement should consist of two(2)layers of high-tensile strength bi-axial geogrid reinforcement. The geogrids should be placed at approximately 12 and 24 inches below the bottom of the foundation system(footings) [See Figure 41. The geogrid reinforcement is highly effective and delivers immediate soil geogrid stress transfer ensuring minimal movement of soil structure. Consequently, the differential settlements induced in the foundation system, which generally cause more damage to the building structure than uniform settlements,are greatly minimized. The layers of the bi-axial geogrid reinforcement should be overlapped at least 12 inches. A shallow spread footings foundation system for the proposed training center building must be designed to withstand the estimated ground deformation associated with soil liquefaction during a major earthquake within the allowable stress limits of the structure. Liquefaction of the soils could lead to settlement of up to 1.7 inches in the potentially liquefiable stratum resulting in approximately 0.8-inch settlement at the spread footings level. (Geogrid reinforced fill should prevent the occurrence of unacceptable level of differential settlement). Although liquefaction of the soils at deeper depths could lead to temporary reduction in the bearing capacity of the affected soils, the potential for gross bearing failure of the soils beneath the conventional spread footings, in our opinion, is low. The deformation associated with soil liquefaction could also disrupt safe performance of the underground pipes and utilities. The disruption from ground displacements on underground pipes and utilities may be reduced by providing flexible joints at connections and at the proposed structure. All gas lines should be May 8,2015 12 Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-18 equipped with automated emergency shut-off valves. The existing fill materials are generally low in expansion potential and consequently do not require special measures to be undertaken in the design of footings or slab-on-grade to withstand expansion pressure. 11.2 SITE PREPARATION AND EARTHWORK 11.2.1 Cleaning and Grubbing Prior to grading,the areas to be developed should be cleared of all debris. All buried obstructions,such as old footings, abandoned utilities, and tree roots should be removed. All deleterious material generated during the clearing operations should be removed from the site. Live or active utilities should be located, protected, and/or rerouted. Prior to excavating for the development, all organic materials and vegetation (if any) should be removed from the construction area and disposed of the site. If any cesspools, septic tanks, or buried structures are encountered, they should be removed in their entirety. Any utilities, whether active or inactive, should be identified and removed from the site,or relocated per project plans and specifications. Any cavities resulting from the removal of any existing buried structures,foundations,or utility lines should be properly backfilled as recommended in the Subgrade Preparation section of this report,and compacted as recommended in the Placement and Compaction of Fills section of this report. However,as an alternative,these cavities can be backfilled with two-sack cement slurry(two(2)sacks of cement Type I or II per cubic yard with a maximum slump of 5.0 inches). 11.2.2 Construction of Engineered Fill for Building Structure Prior to constructing the engineered fill,all deleterious material and debris should be removed from the site. The bottom of the excavation should be observed and approved by GEI,and any unsuitable material exposed should be removed as required. The bottom of the excavations should be prepared in accordance with Section 11.2.3. The excavations should extend five (5)feet laterally beyond the building layout(i.e.,a 1:1 (H:V)projection from the edge of the footings/slabs)to a minimum distance equal either to the total depth of overexcavation of the building pad or to the depth of overexcavation below the bottom of the footings/slabs, whichever is greater. The first layer of high-tensile strength bi-axial geogrid should be placed on top of the approved bottom of the excavations. The backfill soils should be processed to remove deleterious material, reworked (uniform mixture and well-moisture conditioned)and placed on top of the first layer of geogrid. The second layer of high-tensile strength bi-axial geogrid should be placed within the engineered fill approximately 12 inches below the bottom of the foundation system(See Figure 4). We recommend that fill materials be placed in 8- inch thick loose lifts and compacted to at least 95 percent of the maximum dry density,with a water content above optimum, as determined in accordance with ASTM Test Method D1557. Observation and testing during earthwork should be performed by GEI to verify that no deleterious materials are present in the subgrade soils,the required degree of relative compaction at water content above optimum has been achieved and that the geogrid reinforcement has been placed properly. May 8,2015 13 Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Proiect No. 100-18 Based on the results of our exploratory soil borings and laboratory testing,the soils encountered within the upper five (5) feet generally exhibit moisture contents well below the optimum moisture content for that material. The low moisture content may cause problems in the achievement of the required relative compaction in the soils using typical rubber-tired equipment or steel track equipment. However,if saturated soils are found during grading operations, drying of such soils will be required to minimize pumping conditions and to facilitate compaction. The use of heavy equipment is not recommended if saturated soils are encountered within the proposed depths of recompaction for the building pad and pavement areas. The use of this equipment could cause"pumping"in the soils;therefore,we strongly recommend use of light-to- medium-sized equipment,such as small vibratory or roller to minimize the pumping conditions if saturated materials are encountered in any of the excavations for the building pad and pavement areas. If the pumping conditions are induced by this type of equipment,the stabilization of the subgrade soils by using geotextile fabric and crushed rock will probably be required as an alternative. 11.2.3 Preparation of Over-Excavation Bottom All exposed subgrade soil surfaces, including the over-excavation bottom for the building pad, should be observed by a representative of GEI prior to the placement of fill. If the exposed bottoms of the subgrade soils are predominantly"cohesionless"(sandy material),they should be scarified to a depth of approximately six(6)inches,moisture-conditioned above the optimum moisture content,and recompacted to dry densities corresponding to at least 95 percent of their maximum densities in accordance with ASTM D1557. 11.2.4 Excavation for Utility Trenches Where not removed by the aforementioned excavations, existing utility trench backfill should be removed and replaced as properly compacted fill. This is especially important for deeper fills. We recommend that all known utilities be shown on the grading plan. The actual depths of removal will need to be determined during grading in the field by a GEI's Soils Engineer. .11.2.5 Protection of Excavations Temporary construction excavations may be made vertically without shoring to a depth of five(5)feet below adjacent grade. For deeper cuts,the slopes should be shored or sloped back 1:1 (H:V). No surcharge loads should be permitted within a horizontal distance equal to the height of cut from the toe of the excavation or five(5)feet from the top of the slopes,whichever is greater,unless the cut is properly shored. Excavations that extend below an imaginary plane inclined at 45 degrees below the edge of any adjacent existing site facilities should be properly shored to maintain support of adjacent elements. All excavations and shoring systems should meet the minimum requirements given in the most current California Occupational Safety and Health Administration (Cal/OSHA) Standards. 11.2.6 Difficulty of Excavations Due to the nature of the existing soils, difficulty in excavation operations within the project site is not expected. Use of medium-to-heavy equipment(such as loaders or equivalent)is recommended to perform the operations. A representative of GEI should be present during the excavations. May 8,2015 14 Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-18 11.2.7 Potential for Caving The existing soil materials at the site could cave-in. Flattened excavation slopes should be sufficient to mitigate caving of shallow excavations, although deeper excavations will require some form of external stabilization,such as shoring or bracing. Maintenance of adequate moisture content within the removed and recompacted soil materials is recommended to improve excavation stability. 11.2.8 Fill Materials Fill materials should consist of onsite soils and/or an approved import material. The onsite soils encountered during the geotechnical investigation are acceptable for use as fill material for this project. Before being used as fill,onsite soils should be cleaned of all vegetation and materials with any dimension larger than four (4) inches. If import material is required for use as fill for this project,it should be predominantly granular (35 percent or less passing the no. 200 sieve) non-expansive (EI less than 20 and/or PI less than 12), and should be free of organic or inorganic debris contamination,and materials with ao dimension larger than four(4) inches. Import material should be tested and approved by GEI prior to importation to the job site. GEI should be notified a minimum of two(2)working days prior to the scheduled importation of the soil to the project site. If the Contractor intends to use crushed or inert demolition debris (concrete, brick, and/or asphalt) for fill material, these processing requirements should be followed: ■ If the crushed material meets gradation, R-Value, and durability requirements for Crushed Miscellaneous Base (CMB)per Greenbook("Standard Specicationsfor Public Works Construction'), it can be used as a base course. ■ If the inert debris is crushed to a well-graded mixture with a maximum particle size of one(1)inch, even of it does not meet CMB criteria, the crushed material may be used directly as non-expansive fill,without further blending. ■ Inert debris up to a maximum size offour(4) inches may also be used in falls,provided it is thoroughly blended with soil to form a well-graded mixture. In general, at least two (2) volumes of soil will be required for each volume of debris. The use and blending of inert materials into the fills should be monitored by GEI's Soils Engineer and/or his representative. 11.2.9 Placement and Compaction of Fills Structural fill should be used for the support of all foundation elements and may only be placed on approved surfaces/subgrades prepared in accordance with Section 11.2.3 of this report. Fill should be placed in loose lifts,moisture-conditioned above the optimum moisture content,and mechanically compacted. If imported soil is used within the building, water or electrical equipment pads, it should be placed in lifts of uniform thickness across the entire pad(i.e.,existing onsite soils should not be used for a portion of the building pad while import fill is used for other portions of the building pad). May 8,2015 15 Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-18 Subgrade soils placed in over-excavation areas should be compacted to a minimum of 95 percent relative compaction as determined by the ASTM D1557 Test Method. Fill soils placed in other areas (such as sidewalks and hardscaped areas)should be compacted to a minimum of 90 percent relative compaction as determined by the ASTM D1557 Test Method. Any aggregate base (AB)should be moisture-conditioned between optimum and two(2)percent above optimum moisture content,and compacted to a minimum of 95 percent relative compaction. Fill compaction should be tested and recorded by a representative of GEI. Densification by flooding or jetting is not permitted. Compacted fill soils should not be allowed to dry out and should be kept moist (between optimum moisture content and two (2) to three (3) percent above the optimum moisture content) until covered by subsequent construction. 11.2.10 Lift Thickness and Compaction Equipment The optimum lift thickness can be determined depending upon the type of equipment used for compaction. The following table shows the required uncompacted lift thickness for the backfill material depending upon the type of equipment used in the field. Table 8—Uncompacted Lift Thickness for Backfill Type of Equipment Lift Thickness (in.) Small Vibratory Hand-Held Compactors 4 to 6 Medium-Sized Vibratory Compactors or Static Rollers 6 to 8 Scrapers and Heavy Equipment(Loaders and Dozers) 8 to 12 11.2.11 Trench Backfill Trench excavations for utility pipes may be backfilled with onsite soils under the observation of a representative of GEI. After utility pipes have been laid and properly bedded, the space around the pipe should be backfilled with clean sand (having a sand equivalent of 30 or greater) or gravel to a depth of approximately one (1) foot over the top of the pipe, before the controlled backfill is placed. Controlled backfill should be moisture-conditioned, placed, and compacted in accordance with the recommendations presented in Section 11.2.9 of this report. If backfill areas are located where mechanical compaction of soil backfill is impractical due to space constraints,two-sack cement slurry may be substituted for compacted backfill. The slurry should contain two (2) sacks of cement per cubic yard and should have a maximum slump of five (5) inches. 11.2.12 Earthwork Monitoring— Construction Observation and Testing A representative of GEI should observe all soil improvement operations and foundation installations,as well as near-surface soil treatment,including excavations,subgrade preparation,and fill placement activities. In addition,in-place field density testing should be performed during fill placement and compaction to evaluate the overall compaction of the soils. Soils that do not meet the minimum compaction requirements should be reworked and tested prior to placement of any additional fill. May 8,2015 16 Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-18 11.3 FOUNDATION DESIGN We recommend that the shallow foundation system for the proposed training center building consist of conventional spread footings, which can tolerate the anticipated uniform settlement that might occur as a result of soil liquefaction in the event of a major earthquake as discussed above in Section 10. The conventional spread footings should be placed on top of the reinforced engineered fill prepared in accordance with recommendations contained in Section 11.2.2 of this report. The bottom of the interior footings should extend to a minimum depth of 12 inches below the finished floor level; exterior footings should extend to a minimum depth of 18 inches below the lowest adjacent finished grade. These footings may be designed for an allowable bearing pressure of 3,000 pounds per square foot (psf). The recommended maximum allowable bearing capacity includes a factor of safety of at least three(3) against shear failure and can be increased by one third(1/3)to resist transient load such as those caused by earthquake and winds. Continuous perimeter footings should be used and founded at least 18 inches below lowest adjacent ground surface. Footings should be reinforced with at least two(2)no.4 bars at the top and also at the bottom. For properly constructed footings placed in engineered fill,the total static settlement caused by structural loads typical of the wood frame structures is estimated to be less than one(1)inch. Most of the settlement of the proposed structure is expected to occur as the loads are applied during construction or shortly thereafter. A passive resistance of 250 pounds per square foot(psf)per foot of embedment and a coefficient of friction of 0.4 for use with the dead loads may be utilized in computing lateral capacity. The coefficient of friction should be applied to net dead normal loads only for design against lateral forces. 11.4 CONCRETE SLAB CONSTRUCTION Concrete slabs should have a minimum thickness of four(4)inches actual and should be reinforced with 6"x 6" - (#6 x #6) W2.9 x W2.9 welded wire mesh or steel bars no. 3 spaced at 18 inches on centers each way. All slab reinforcement should be properly supported to ensure the desired placement at mid-height. In areas where moisture-sensitive floor coverings are anticipated over the slab, we recommend the use of a polyethylene vapor barrier with a minimum of 6.0 mil thickness to be placed beneath the slab. The moisture barrier should be overlapped or sealed at splices and covered top and bottom by a 1-inch to 2-inch minimum layer of clean, moist(not saturated) sand to aid in concrete curing and to minimize potential punctures. 11.5 PAVEMENT DESIGN For the proposed pavement design,we utilized an R-value of 63 and a Traffic Index(TI)of five(5). These values were used to calculate the required pavement sections using the procedures and design criteria described in the California Division of Highways Design Method(Highway Design Manual, May 7, 2012). The results of the calculations are presented in Table 9. May 8,2015 17 Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-18 Table 9—Recommended Section Thicknesses Recommended Alternatives R-Value TI Construction Alternative 1 Alternative 2 Alternative 3 AC A13* FDAC PCC** 63 5.0 3.0 4:0 6.0 4.0 Design Life of Alternative 1=20 years,FDAC=Full Depth Asphalt Concrete *Class 11 Aggregate Base(R-Malue of 80) **PCC=Portland Cement Concrete NOTES: For Alternative 3: Contraction transverse ioints should be spaced not more than 15 feet on centers to control shrinkaie cracking. PCC section should be reinforced with steel bars no 3 spaced at 12 inches on centers each way. Reinforcement should be placed mid-height of the PCC.slab. Life expectancy may increment depending on several factors such as traffic application,environment conditions(temperature and moisture),subgrade properties(corrosion),f:iture maintenance,and rehabilitation. 11.6 DRAINAGE The area should remain adequately drained toward the street or to an approved drainage system. Inlet structures should be maintained to ensure their proper function. To enhance future site performance, it is recommended that water be collected and directed away from structures to disposal areas. It is important that drainage patterns established at the time of fine grading be maintained throughout the life of the structures. Significant variations in the moisture condition of the subgrade soils due to summer heat may cause distress to the foundation system and cracking of the concrete slabs. 11.7 EXTERIOR CONCRETE AND MASONRY FLATWORK Exterior concrete and masonry flatwork should be supported on at least two (2) feet of compacted non- expansive fill. This includes exterior sidewalks,stamped concrete,non-traffic pavement,pavers,etc. Prior to placement of concrete, the subgrade should be prepared as recommended in this report. 11.8 PLAN REVIEW AND CONSTRUCTION OBSERVATION AND TESTING GEI should be retained to review the finished grading earthwork specifications for conformance with the intent of our recommendations. The review will enable GEI to modify recommendations should final design conditions be different then presently understood. During construction, GEI should provide field observation and testing to check that the excavation, site preparation,and fill placement conform to the intent of our recommendations,as well as to the project plans and specifications. This would allow GEI to develop supplemental recommendations as appropriate forthe actual soil conditions encountered and the specific construction techniques employed by the Contractor. May 8,2015 18 Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-18 12.0 LIMITATIONS The report,exploration logs,and other materials resulting from GEI's efforts were prepared exclusively for use by CNC Engineering and their consultants in designing the proposed training center and other improvements. The report is not intended to be suitable for reuse on extensions or modifications of the project or for use on any proj ect other than the currently proposed expansion,as it may not contain sufficient or appropriate information for such uses. If this report or portions of this report are provided to contractors or included in specifications, it should be understood that they are provided for information only. This report presents recommendations for the subject site based on the assumption that the subsurface conditions do not deviate appreciably from those disclosed in the referenced reports and during our recent site investigation. The possibility of different local soil conditions cannot be discounted. It is the responsibility of CNC Engineering or its representative to bring any deviations or unexpected conditions observed during construction to the attention of GEI. In this way, any required supplemental recommendations can be made with a minimum of delay to the project. If necessary, construction should be observed and tested by GEI during the following construction stages. ■ Excavation, subgrade preparation, and fill soil compaction; ■ Foundation excavation and construction; ■ Trench backfilling; and ■ When any unusual subsurface soil conditions are encountered. It is the responsibility of the property owner or his/her authorized representative to review the recommendations made by GEI and to authorize the Contractor to perform such work as required to comply with such recommendations. The Contractor and/or CNC Engineering shall have the responsibility to inform GEI of the starting date of construction and the anticipated period during which testing and/or observation by GEI will be needed. Any backfill performed without testing as specified by GEI and the latest County of Los Angeles Building Code cannot be approved by GEI. Our investigation and evaluations were performed using generally accepted engineering approaches and principles available at this time, and the degree of care and skill ordinarily exercised under similar circumstances by reputable geotechnical engineers practicing in this area. No other representation,expressed or implied, is included or intended in our report. 13.0 REFERENCES California Division of Mines and Geology, 1997,Earl W.Hart and William Bryant,"Fault-Rupture Hazard Zones in California." Alquist-Priolo Earthquake Fault Zoning Act with Index to Earthquake Fault Zones* Maps(*name changed from Special Studies Zones),Revised 1997,Supplements 1 and 2 added 1999,Special Publication 42. May 8,2015 19 Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-18 California Department of Conservation, Division of Mines and Geology, in cooperation with the U.S. Geological Survey(1996),"Probabilistic Seismic Hazard Map for California";in CDMG Open-File Report 96-08 and USGS Open-File Report 96-706. California Department of Conservation,Division of Mines and Geology(1997),"Special Publication 117, Guidelines for Evaluating and Mitigating Seismic Hazards in California." California Department of Transportation(1996),"California Seismic Hazard Map from Maximum Credible Earthquakes (MCE), " developed by Caltrans' Office of Earthquake Engineering (Mualchin, 1996) in cooperation with the State of California Department of Conservation, Division of Mines and Geology. Department of the Navy. Naval Facilities Engineering Command(1982),"NAVFAC Design Manual DM- 7.1, Soil Mechanics,"US Government Printing Office, Washington, DC. Ishihara,K,and M.Yoshimine(1992),"Evaluation of Settlements in Sand Deposits Following Liquefaction During Earthquakes." Soils and Foundations, Japanese Society of Soil Mechanics and Foundation Engineering, Vol. 32, No. 1, pp. 173-178,March. Olson, S.M., and T.M. Stark (2002), "Liquefied Strength Ratio from Liquefaction Flow Failure Case Histories." Canadian Geotechnical Journal, Vol. 39, pp.629-647. Petersen, M.D. Bryant, C.H., Cramer, C.H., Cao, T., Reichle, M.S., Frankel, A.D., Lienkaemper, J.J., McCrory, P.A., and Schwartz, D.P. (1996), "Probabilistic Seismic Hazard Assessment for the State of California." State of California Department of Conservation, Division of Mines and Geology Open-File Report 96-08 and U.S. Geological Survey Open-File Report 96-706. Peterson,M.D., and others, 2008, Documentation for the 2008 Update of the U.S.National Seismic Hazard Maps,U.S.G.S. Open File Report 2008-1128. Seed,H. B. and 1.M. Idriss (1982). "Ground Motions and Soil Liquefaction During Earthquakes,"EERI Monograph Series. Also in Seed, H.B., Idriss, I.M. and Arango, 1. (1983), "Evaluation of Liquefaction Potential Using Field Performance Data," Journal of Geotechnical Engineering, ASCE, Vol. 109,No. 3, pp. 458-482. Seed, H.B., Tokimatsu, K., Harder, L.F. and Chung, R.M. (1985), "Influence of SPT Procedures in Soil Liquefaction Resistance Evaluations," Journal of Geotechnical Engineering, ASCE, Vol.I 11,No. 12,pp. 1425-1445. Seed,H.B.,and De Alba,P. (1986),"Use of SPT and CPT tests for evaluating the liquefaction resistance of sands", in Use of In-situ Tests in Geotechnical Engineering, ASCE, Geotechnical Special Publication,pp. 281-302. Seed, H.B (1986), "Design Problems in Soil Liquefaction". Earthquake Engineering Research Center, Report No. UCB/EERC-86-2, University of California, Berkeley, February. May 8,2015 20 Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-18 Seed, R.B., and Harder, L.F. (1990). "SPT-Based Analysis of Cyclic Pore Pressure Generation and Undrained Residual Strength". H.B. Seed Memorial Symposium, Vol. No. 2, Bi Tech Publishing, Vancouver, B.C., Canada,pp. 351-376. Seed,R.B.,Cetin,K.O.,Moss,R.E.S.,Kammerer,A.M.,Wu,J.,Pestana,J.M.,Riemer,M.F.,Sancio,R.B., Bray, J.D., Kayen, R.E., and Faris, A. (2003). "Recent Advances in Soil Liquefaction Engineering: A Unified and Consistent Framework". Report No. 2003-06, Earthquake Engineering Research Center, College of Engineering,University of California,Berkeley;also Keynote Presentation,261"Annual ASCE Los Angeles Geotechnical Spring Seminar at H.M.S.Queen Mary,Long Beach, California,April 30,2003, 71 p. May 8,2015 21 Geo-Environmental,Inc. PROPOSED FIRE DEPARTMENT TRAINING C.ENTER Geotechnical investigation Report Prqje Na. 100-1 ILLUSTRATIONS May 8,2015 Geo-environmental,Inc. t gap. _# :. f'r * . r " got To 1 � ftt r _ 1 p' f lF�1 DIP pk- JF#fir + t It in PIP } 40; Ip AN df P. } � & . � p � 7Um Zc �± % � %73 7 � qp , 2 . . 44mom � ƒ pas Ila \ \ . » \ « ƒ � \. _ f � \ I \. � k \ ^ > � � y : . / � . � �� ■ � , � � ol let . AL-, � f ¥> - - CL11g r i � � w 1 `,r� ♦ e� . ME a- CL � V _u 4 # a i r L, N e'!' if �* t Aj c -► •i CL 3 N , ik 40 CC -- or # . GI& # , — —j CO Z —z c look 1�lW i 0 -0 42 W 'E -0 CD> (D E >0 0 SU 4i Lu - ck..< '10 p 36 Q. i'E= LU cu 0 4.31v u 0 dw 2m LLN m pG CD a) Cf) co 0 C: > 4 0 cQ 0 CL Q (U ip 0 7:1 1 J? (1) 0 C7* c co Ic to 0 E QY mu E 0 0 -r_ X 4) G m It C14 0- Or IGLU PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnicai Investigation Report Project Pdo. Igo-18 APPENDIX A BORING LOGS May 8—,20-15 Geo-Environmental,Inc SOIL CLASSIFICATION CHART MAJOR DIVISIONS SYMBOLS TYPICAL GRAPH LETTER DESCRIPTIONS •i• q• WELL-GRADED GRAVELS,GRAVEL- CLEAN 1. ►%, ► GW SAND MIXTURES, LITTLE OR NO GRAVEL GRAVELS 06 ,46 FINES AND •o GRAVELLY (LITTLE OR NO FINES) POORLY-GRADED GRAVELS, o DOo D GP GRAVEL-SAND MIXTURES,LITTLE SOILS 0 0 00 0 OR NO FINES a ° o 0 COARSE GRAVELS WITH ° o SILTY GRAVELS,GRAVEL-SAND- GRAINED MORE THAN 50% FINES 0 0 o GM SILT MIXTURES SOILS OF COARSE FRACTION RETAINED ON NO. (APPRECIABLE AMOUNT CLAYEY GRAVELS,GRAVEL-SAND- 4 SIEVE OF FINES) GC CLAY MIXTURES Sw WELL-GRADED SANDS,GRAVELLY CLEAN SANDS SANDS, LITTLE OR NO FINES MORE THAN 50% (LITTLE OR NO FINES) s. OF MATERIAL IS POORLY-GRADED SANDS, LARGER THAN NO. SP GRAVELLY SAND,LITTLE OR NO 200 SIEVE SIZE FINES MORE THAN 50% SANDS WITH SM SILTY SANDS,SAND-SILT OF COARSE FINES MIXTURES FRACTION PASSING ON NO.4 SIEVE (APPRECIABLE AMOUNT. SC CLAYEY SANDS,SAND-CLAY OF FINES) MIXTURES INORGANIC SILTS AND VERY FINE ML SANDS,ROCK FLOUR,SILTY OR CLAYEY FINE SANDS OR CLAYEY SILTS WITH SLIGHT PLASTICITY INORGANIC CLAYS OF LOW TO SILTS LIQUID LIMIT CL MEDIUM PLASTICITY,GRAVELLY FINE AND LESS THAN 50 CLAYS,SANDY EAN CCCLYASS,SILTY GRAINED CLAYS — — SOILS __ OL ORGANIC SILTS AND ORGANIC — — — — SILTY CLAYS OF LOW PLASTICITY INORGANIC SILTS,MICACEOUS OR MORE THAN 50% MH DIATOMACEOUS FINE SAND OR OF MATERIAL IS SILTY SOILS z SMALLER THAN v NO.200 SIEVE SIZE SILTS ^ AND LIQUID LIMIT CI INORGANIC CLAYS OF HIGH GREATER THAN 50 PLASTICITY Z CLAYS E OH ORGANIC CLAYS OF MEDIUM TO HIGH PLASTICITY,ORGANIC SILTS ^ " o E HIGHLY ORGANIC SOILS —`' PT PEAT,HUMUS,SWAMP SOILS WITH HIGH ORGANIC CONTENTS NOTE: DUAL SYMBOLS ARE USED TO INDICATE BORDERLINE SOIL CLASSIFICATIONS Figure: A-0 LOG OF BOREHOLE B-1 Date Drilled: 4/14/15 Logged by: DT Project Manager: FHS Equipment: 8" Hollow Stem Auger Driving Weight and Drop: 140 lbs @ 30"drop Surface Elevation(ft): Ground Surface Depth to Water(ft): Not Encountered � SAMPLES � z o " 3 0Cn O U Z O SUMMARY OF SUBSURFACE CONDITIONS W LL �D w a¢ �" a W r� pw ¢ O O � Q SILTY SAND(SM),dark olive brown,dry to damp,medium X dense to dense, fine-grained sand,non-plastic fines IX X X 1 X X X X X 2 X X X X X 3 -Light olive brown Ix X X -Mostly fine grained sand XX 15 4.4 96.4 EI 4 X CORR X COMP X R-VAL X X 5 Borehole terminated at 5 feet below the existing ground surface.No groundwater was encountered during drilling operations. Upon completion of the drilling of the borehole,infiltration tests were performed in general accordance with the procedures and guidelines prepared by the County of Los Angeles. F 0 s Z Z J a m 0 0 GEO-ENVIRONMENTAL, INC. Proposed Fire Department Training Center 0 GE2691 Richter Avenue Suite 127 Figure A-1 Irvine,California 92606-5125 City of Vernon, CA 0 Phone: (949)263-8334 Fax:(949)263-8338 GEI Project No.: 100-18 LOG OF BOREHOLE B-2 Date Drilled: 4/14/15 Logged by: DT Project Manager: FHS Equipment: 8"Hollow Stem Auger Driving Weight and Drop: 140 lbs(a),30" drop Surface Elevation(ft): Ground Surface Depth to Water(ft): Not Encountered ZSAMPLES E-+ ZO " 0 H xx SUMMARY OF SUBSURFACE CONDITIONS J ') = w W1 W rip 2 0 m O Q w Q � a a J x SILTY SAND (SM),olive brown,dry,loose,fine-to 1 medium-grained sand,non plastic fines 2 3 4 5 -Medium dense 13 3.2 106.0 AL 6 GS 7 DS 8 9 : 1 POORLY GRADED SAND with SILT(SP-SM) --_olive brown, 14 2.8 AL 11 moist, medium dense,mostly medium-grained sand GS 1 13 1 15 WELL-GRADED SAND with SILT(SW-SNI) olive brown, 52 10.6 120.5 AL 1 moist,very dense,medium-grained sand GS 17 1 19 2 POORLY GRADED SAND with SILT(SP-SM) -__olive brown 24 0.4 AL -21J moist, medium dense,fine-to coarse-grained sand,6 inches of GS 2 gravelly sand 23 N 2 n 25 -Fine to medium-grained sand,dense 40 8.6 111.1 AL 2 GS Z 27 3 2 a' c� m 29 a 0 o GEO-ENVIRONMENTAL,INC. Proposed Fire Department Training Center r�� 2691 Richter Avenue, Suite 127 Figure A-2a ll Irvine,California 92606-5125 City of Vernon, CA 0 Phone:(949)263-8334 Fax:(949)263-8338 GEI Project No.: 100-18 LOG OF BOREHOLE B-2 Date Drilled: 4/14/15 Logged by: DT Project Manager: FHS Equipment: 8"Hollow Stem Auger Driving Weight and Drop: 140 lbs @,30"drop Surface Elevation(ft): Ground Surface Depth to Water(ft): Not Encountered � SAMPLES O .W, 3 z O Q SUMMARY OF SUBSURFACE CONDITIONS W a� LU � H w W a, C7 Q CIO � O m W O m SILTY SAND(SM),dark olive brown,very moist,medium 19 23.3 --- AL 31 dense, fine-grained sand X GS 2- 33 35 POORLY GRADED SAND with SILT(SP-SM), olive brown, 57 3 108.3 AL damp,very dense, fine-to medium-grained sand GS 37 8-1 39 SILTY SAND(SM),olive brown,very moist,dense, fine-to 38 17.0 --- AL 41 medium-grained sand X GS 43 45 -Dark olive brown,medium dense, mostly fine-grained sand, low 16 18.9 110.8 AL plastic fines GS 47 49- 51 ESANDY CLAY(CL),strong brown to dark brown,very moist, 17 20.8 --- AL M, very stiff,medium plastic fines,fine-grained sand GS Borehole terminated at 51.5 feet below the existing ground surface. No groundwater was encountered during drilling operations. Borehole was backfilled and compacted with with soil cuttings. 0 zz z z 3 a t7 ro 0 0 GEO-ENVIRONMENTAL,INC. Proposed Fire Department Training Center 0 �r 2691 Richter Avenue, Suite 127 Figure A-2b GEI Irvine,California 92606-5125 City of Vernon, CA 0 Phone: (949)263-8334 Fax: (949)263-8338 GEI Project No.: 100-18 PROPOSED FIRE DEPAR,rMENT TRAINING CENTER Geotechnical Investigation Report Project No. 100-18 APPENDIX B LABORATORY TEST RESULTS May 8,2015 Geo-Environmental.Inc. U.S.SIEVE OPENING IN INCHES U.S.SIEVE NUMBERS I HYDROMETER 6 4 3 2 1.5 1 3/4 1/2 3 4 6 610 1416 20 30 40 50 60 100 140 200 100 95 90 85 80 75 70 H 65 w 60 >- 55 m o! z 50 1- 45 z w 40 d 35 30 25 20 15 10 5 0 100 10 1 0.1 0.01 0.001 GRAIN SIZE IN MILLIMETERS COBBLES GRAVEL SAND SILT OR CLAY coarse fine coarse I medium fine Specimen Identification Classification LL PL PI Cc Cu • B-2 @ 5.0 ft. SILTY SAND(SM) NP NP NP m B-2 @ 10.0 ft. POORPLY GRADED SAND with SILT(SP-SM) NP NP NP 1.14 4.38 ♦ B-2 @ 15.0 ft. WELL-GRADED SAND with SILT(SW-SM) NP NP NP 1.69 7.89 * B-2 @ 20.0 ft. POORPLY GRADED SAND with SILT(SP-SM) NP NP NP 0.80 9.25 O B-2 @ 25.0 ft. POORPLY GRADED SAND with SILT(SP-SM) NP NP NP 1.46 4.69 Specimen Identification D100 D60 D30 D10 %Gravel %Sand %Silt I %Clay • B-2 @ 5.0 ft. 9.5 0.206 0.095 1.0 76.2 22.8 P M B-2 @ 10.0 ft. 9.5 1.191 0.608 0.272 2.7 92.3 5.0 Z ♦ B-2 @ 15.0 ft. 9.5 0.645 0.298 0.082 1.0 89.8 9.2 Z g * B-2 @ 20.0 ft. 9.6 1.455 0.428 0.157 6.5 87.3 6.2 R G B-2 @ 25.0 ft. 19.5 1 0.37 1 0.206 0.079 0.9 89.7 9.4 S GEO-ENVIRONMENTAL, INC. GRAIN SIZE DISTRIBUTION N 2691 Richter Avenue, Suite 127 Project: Proposed Fire Department Training Center N Irvine, California 92606-5125 GE1 Telephone: (949)263-8334 Location: City of Vernon, CA Fax: (949) 263-8338 GEI Project No.: 100-18 Figure 13-1 U.S.SIEVE OPENING IN INCHES U.S.SIEVE NUMBERS I HYDROMETER 6 4 3 2 1.5 1 3/4 112 3 6 610 1416 20 30 40 50 60 100 140 200 100 95 90 85 80 75 70 � 65 w 60 >- 55 m z 50 FL I- 45 z w 40 a 35 - - 30 25 20 15 10 5 0 100 10 1 0.1 0.01 0.001 GRAIN SIZE IN MILLIMETERS COBBLES GRAVEL SAND coarse fine coarse medium fine SILT OR CLAY Specimen Identification Classification LL PL PI Cc Cu • B-2 @ 30.0 ft. SILTY SAND(SM) NP NP NP M B-2 @ 35.0 ft. POORPLY GRADED SAND with SILT(SP-SM) NP NP NP 1.30 4.32 A B-2 @ 40.0 ft. SILTY SAND(SM) NP NP NP * B-2 @ 45.0 ft. SILTY SAND(SM) 34 26 8 O B-2 @ 50.0 ft. SANDY CLAY(CL) 33 15 18 Specimen Identification D100 D60 D30 D10 %Gravel %Sand %Silt F%Clay " • B-2 @ 30.0 ft. 4.75 0.096 0.0 52.0 48.0 M B-2 @ 35.0 ft. 4.75 0.499 0.273 0.115 0.0 94.4 5.6 0 Z A B-2 @ 40.0 ft. 9.5 0.285 0.1 67.6 32.3 Z g * B-2 @ 45.0 ft. 4.75 0.115 0.0 52.0 48.0 0 B-2 @ 50.0 ft. 9.5 0.1 22.7 77.2 m 0 GEO-ENVIRONMENTAL, INC. GRAIN SIZE DISTRIBUTION N 2691 Richter Avenue, Suite 127 Project: Proposed Fire Department Training Center Cn GE1 Irvine, California 92606-5125 Telephone: (949)263-8334 Location: City of Vernon, CA Fax: (949) 263-8338 GEI Project No.: 100-18 Figure B-2 60 L 50 P L S 40 T I C T 30 Y I N 20 D E X 10 CL-ML L 20 40 60 80 100 LIQUID LIMIT Specimen Identification LL PL PI Fines Classification • B-2 5.0 NP NP NP 23 SILTY SAND(SM) RI B-2 10.0 NP NP NP 5 POORPLY GRADED SAND with SILT(SP-SM) ♦ B-2 16.0 NP NP NP 9 WELL-GRADED SAND with SILT(SW-SM) * B-2 20.0 NP NP NP 6 POORPLY GRADED SAND with SILT(SP-SM) o B-2 25.0 NP NP NP 9 POORPLY GRADED SAND with SILT(SP-SM) * B-2 30.0 NP NP NP 48 SILTY SAND(SM) o B-2 35.0 NP NP NP 6 POORPLY GRADED SAND with SILT(SP-SM) o B-2 40.0 NP NP NP 32 SILTY SAND(SM) ® B-2 45.0 34 26 8 48 SILTY SAND(SM) ® B-2 50.0 33 15 18 77 SANDY CLAY(CL) N f- O Z Z 2 C9 5 a c7 ao 0 0 J GEO-ENVIRONMENTAL,INC. ATTERBERG LIMITS' RESULTS 2691 Richter Avenue, Suite 127 Project: Proposed Fire Department Training Center CO G E I Irvine, California 92606-5125 Telephone: (949)263-8334 Location: City of Vernon, CA Fax: (949)263-8338 GEI Project No.: 100-18 Figure B-3 Dry Density - Moisture Content Relationship a lie - f t: i 114 - - — — — 712 9 4 5 S 3 B 9 12 13 14 Moisture Content, % Sample No.: B-1 0-5 feet Soil Type: SILTY SAND (SM) Method of Compaction. AASTM 0 1557-00 Maximum Dry Density; 120.5 pef Optimism Moisture Content: 10.0% Proposed Fire Dept, Training Center Project City of Vernon G,EC-ENVIKONMENTAL, INC. Los Angeles County, California Callrans Ceriitied GEI-Project No. 100-18 oeE Firm Figure B-4 8,000 7,000 6,000 ti 5,000 N Q Z 4,000 U) ry r U) 3,000 2,000 1,000 0 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 NORMAL PRESSURE,psf Specimen Identification Classification 7d MC% c • B-2 @ 5.0 ft. SILTY SAND(SM) 96.4 4.4 489 36 N H O Z Z Z J a C9 ro 0 GEO-ENVIRONMENTAL, INC. DIRECT SHEAR TEST N 2691 Richter Avenue, Suite 127 Project: Proposed Fire Department Training Center w GE ' Irvine, California 26 Telephone: (949)263-8334 3-8334 Location: City of Vernon, CA Fax: (949)263-8338 GEI Project No.: 100-18 Figure B-5 PROPOSED FIRE OEPARTMENT TRAINING CENTER Geotechnical Investigation►Report Projec No. IW-18 APPENDIX C FAULTING AND SEISMICITY May 8,2015 Geo-Environmental,Inc. 100-18 EQFAULT *********************** * * * E Q F A U L T * * * Version 3.00 * * *********************** DETERMINISTIC ESTIMATION OF PEAK ACCELERATION FROM DIGITIZED FAULTS JOB NUMBER: 100-18 DATE: 05-04-2015 JOB NAME: Fire Department Training Center CALCULATION NAME: Test Run Analysis FAULT-DATA-FILE NAME: CDMGFLTE.DAT SITE COORDINATES: SITE LATITUDE: 33.9977 SITE LONGITUDE: 118.2051 SEARCH RADIUS: 100 mi ATTENUATION RELATION: 5) Boore et al. (1997) Horiz. - SOIL (310) UNCERTAINTY (M=Median, S=Sigma) : M Number of Sigmas: 0.0 DISTANCE MEASURE: cd_2drp SCOND: 0 Basement Depth: 5.00 km Campbell SSR: Campbell SHR: COMPUTE PEAK HORIZONTAL ACCELERATION FAULT-DATA FILE USED: CDMGFLTE.DAT MINIMUM DEPTH VALUE (km) : 0.0 Page 1 100-18 EQFAULT --------------- EQFAULT SUMMARY --------------- ----------------------------- DETERMINISTIC SITE PARAMETERS ----------------------------- Page 1 ------------------------------------------------------------------------------- ESTIMATED MAX. EARTHQUAKE EVENT APPROXIMATE ------------------------------- ABBREVIATED DISTANCE MAXIMUM I PEAK JEST. SITE FAULT NAME I mi (km) JEARTHQUAKE1 SITE JINTENSITY MAG.(Mw) I ACCEL. g (MOD.MERC. ELYSIAN PARK THRUST 1 0.4( 0.6) 1 6.7 1 0.588 1 X COMPTON THRUST 1 4.2( 6.8) 1 6.8 1 0.437 1 X NEWPORT-INGLEWOOD (L.A.Basin) 1 6.5( 10.5) 1 6.9 1 0.299 1 IX HOLLYWOOD 1 8.5( 13.7) ) 6.4 1 0.236 1 IX RAYMOND 1 8.6( 13.9) 1 6.5 1 0.246 1 IX VERDUGO 1 9.7( 15.6) 1 6.7 1 0.253 1 IX WHITTIER 1 10.7( 17.3) 1 6.8 1 0.204 1 VIII SANTA MONICA 1 13.0( 20.9) 1 6.6 1 0.195 1 VIII SIERRA MADRE 1 14.5( 23.4) 1 7.0 ( 0.222 1 IX PALOS VERDES 1 15.0( 24.1) 1 7.1 1 0.188 1 VIII CLAMSHELL-SAWPIT 1 17.1( 27.6) 1 6.5 1 0.151 1 VIII SAN JOSE 1 18.2( 29.3) 1 6.5 f 0.144 ( VIII Page 2 100-18 EQFAULT MALIBU COAST ( 19.0( 30.5) 1 6.7 1 0.155 1 VIII NORTHRIDGE (E. Oak Ridge) 1 19.3( 31.1) 1 6.9 1 0.170 1 VIII SIERRA MADRE (San Fernando) 1 20.0( 32.2) 6.7 1 0.149 1 VIII SAN GABRIEL 1 22.6( 36.3) 1 7.0 1 0.131 1 VIII CHINO-CENTRAL AVE. (Elsinore) 1 22.7( 36.5) 1 6.7 1 0.136 1 VIII ANACAPA-DUME 1 28.0( 45.1) 1 7.3 1 0.158 1 VIII SANTA SUSANA 1 28.0( 45.1) 1 6.6 1 0.110 1 VII CUCAMONGA 1 28.5( 45.8) 1 7.0 1 0.134 1 VIII NEWPORT-INGLEWOOD (Offshore) 1 32.7( 52.6) 1 6.9 1 0.094 1 VII HOLSER ( 33.1( 53.3) 1 6.5 1 0.091 1 VII ELSINORE-GLEN IVY 1 34.1( 54.8) 1 6.8 1 0.086 1 VII SAN ANDREAS - 1857 Rupture 1 36.8( 59.2) 1 7.8 1 0.137 1 VIII SAN ANDREAS - Mojave 1 36.8( 59.2) 1 7.1 1 0.095 1 VII OAK RIDGE (Onshore) 1 38.4( 61.8) 1 6.9 1 0.101 1 VII SIMI-SANTA ROSA 1 39.5( 63.6) 1 6.7 1 0.089 1 VII SAN 3ACINTO-SAN BERNARDINO 1 43.4( 69.9) 1 6.7 1 0.068 1 VI SAN CAYETANO 1 44.0( 70.8) 1 6.8 1 0.086 1 VII SAN ANDREAS - Southern 1 44.3( 71.3) 1 7.4 1 0.096 1 VII SAN ANDREAS - San Bernardino 1 44.3( 71.3) 1 7.3 1 0.091 1 VII CLEGHORN 1 47.7( 76.7) 1 6.5 1 0.057 1 VI SAN ANDREAS - Carrizo 1 51.6( 83.0) 1 7.2 1 0.077 1 VII CORONADO BANK 1 52.8( 85.0) 1 7.4 1 0.084 1 VII ELSINORE-TEMECULA 1 54.9( 88.3) 1 6.8 1 0.060 1 VI SAN JACINTO-SAN JACINTO VALLEY 1 55.5( 89.3) 1 6.9 1 0.062 1 VI SANTA YNEZ (East) 1 55.9( 90.0) 1 7.0 1 0.065 1 VI NORTH FRONTAL FAULT ZONE (West) 1 57.1( 91.9) 1 7.0 1 0.078 1 VII OAK RIDGE(Blind Thrust Offshore) 58.3( 93.8) 1 6.9 1 0.073 1 VII VENTURA - PITAS POINT 1 58.7( 94.5) 1 6.8 1 0.069 1 VI ----------------------------- DETERMINISTIC SITE PARAMETERS ----------------------------- Page 2 ------------------------------------------------------------------------------- ESTIMATED MAX. EARTHQUAKE EVENT APPROXIMATE ------------------------------- ABBREVIATED I DISTANCE MAXIMUM I PEAK JEST. SITE FAULT NAME ( mi (km) JEARTHQUAKE1 SITE JINTENSITY MAG. (Mw) I ACCEL. g JMOD.MERC. CHANNEL IS. THRUST (Eastern) 1 60.8( 97.8) 1 7.4 1 0.092 1 VII MONTALVO-OAK RIDGE TREND 1 63.8( 102.7) 1 6.6 1 0.058 1 VI M.RIDGE-ARROYO PARIDA-SANTA ANA 1 64.0( 103.0) 1 6.7 1 0.061 1 VI RED MOUNTAIN 1 67.6( 108.8) 1 6.8 1 0.062 1 VI GARLOCK (West) 1 69.2( 111.3) 1 7.1 1 0.058 1 VI Page 3 100-18 EQFAULT PLEITO THRUST 1 69.9( 112.5) 1 7.2 1 0.074 1 VII BIG PINE 1 73.1( 117.6) 1 6.7 1 0.045 1 VI HELENDALE - S. LOCKHARDT 1 74.1( 119.2) 1 7.1 1 0.055 1 VI ROSE CANYON 1 74.8( 120.4) 1 6.9 1 0.049 1 VI SANTA CRUZ ISLAND ( 75.1( 120.8) 1 6.8 1 0.057 1 VI SAN JACINTO-ANZA 1 75.9( 122.2) 1 7.2 1 0.057 1 VI ELSINORE-JULIAN 1 80.7( 129.8) 1 7.1 1 0.052 1 VI NORTH FRONTAL FAULT ZONE (East) 1 81.4( 131.0) 1 6.7 1 0.051 VI WHITE WOLF 1 82.3( 132.4) 1 7.2 1 0.065 VI LENWOOD-LOCKHART-OLD WOMAN SPRGSJ 84.6( 136.1) 1 7.3 1 0.055 ( VI PINTO MOUNTAIN 1 85.0( 136.8) 1 7.0 1 0.047 1 VI NORTH CHANNEL SLOPE 1 88.0( 141.6) 1 7.1 1 0.059 1 VI SANTA YNEZ (West) 1 88.5( 142.5) 1 6.9 ( 0.043 1 VI GARLOCK (East) 1 89.5( 144.1) 1 7.3 1 0.053 1 VI GRAVEL HILLS - HARPER LAKE 1 94.1( 151.5) 1 6.9 1 0.041 1 V JOHNSON VALLEY (Northern) 1 94.6( 152.2) 1 6.7 1 0.037 1 V LANDERS 1 95.1( 153.1) 1 7.3 1 0.051 1 VI SANTA ROSA ISLAND 1 97.5( 156.9) 1 6.9 1 0.049 1 VI BLACKWATER ( 98.3( 158.2) 1 6.9 1 0.040 1 V SAN ANDREAS - Coachella 1 99.5 ( 160.2) 1 7.1 1 0.044 1 VI -END OF SEARCH- 65 FAULTS FOUND WITHIN THE SPECIFIED SEARCH RADIUS. THE ELYSIAN PARK THRUST FAULT IS CLOSEST TO THE SITE. IT IS ABOUT 0.4 MILES (0.6 km) AWAY. LARGEST MAXIMUM-EARTHQUAKE SITE ACCELERATION: 0.5884 g Page 4 CALIFORNIA FAULT MAP Fire Department Training Center 1100 r 1000 r" L am t I. I` a . 00 600 sw 400 00 200 100 -- _1 Ro _t..--_i.__.4-i -400 -300 -200 -100 0 100 200 300 400 500 600 EARTHQUAKE EPICENTER MAP Fire Department Training Center I r i 700 600 500 TI.lLi 300 } L 200 - LEGEND x = 4 — M = 5 M `r 100 x N1 7 a 0 ' � M L i r 1 k 1 -300 -200 -100 0 100 200 300 EARTHQUAKE MAGNITUDES & DISTANCES Fire Department Training Center i 7.75 7.50 0" 7.25 • i �� 7 7.00 • 00 i �3? Cu • •ft i i ii � 6.75 0 i •i! M iMi 6.50 i • i i i . 1 1 10 100 Distance (mi) MAXIMUM EARTHQUAKES Fire Department Training Center 1 x x x � XX X X O X '++ X Cu N V V Q .01 .001 . 1 1 10 100 Distance (mi) Number of Earthquakes (N) Above Magnitude (M) Fire Department Training Center 1000 Z, 100 15 E z 10 I T 3.5 4.0 4.5 5.0 5-5 6,0 6.5 7.0 7.5 8.0 8.5 9.0 Magnitude (M) EARTHQUAKE RECURRENCE CURVE Fire Department Training Center 100 10 z 1 4-1 LLJ 5 L .1 E :3 a� ro .01 E E .001 moolomw Nwivasom 109199MM 31NOWN Lj 3.5 4.0 4.5 5.0 5.5 6.0 6.5 7.0 7.5 8.0 8.5 9.0 Magnitude (M) BLIND-THRUST FAULTS 5) Boore et al. (1997) Horiz. - SOIL (310) M=5 M=5 M=7 M=5 1 r- O cc ^L W rrW� /V V .01 .001 10 100 Distance [adistj (km) STRIKE- SLIP FAULTS 5) Boore et al. ( 1997) Horiz. - SOIL (310) M=5 M=6 M=7 M=8 0 r� �J U U d . 01 .001 1 10 100 Distance [adistj (km) DIP- SLIP FAULTS 5) Boore et al. ( 1997) Horiz. - OIL, (3 10) M=5 M=6 M=7 M=8 0 4-a .01 .00 1 10 100 Distance [adist] (km) PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical investigation Report Project,No. 100-18 APPENDIX D SOIL LIQUEFACTION ANALYSIS May 8,2015 Geo-Environmental,inc LIQTEST ***************************** * * * L I Q U E F Y 2 * * * Version 1.50 * * ***************************** EMPIRICAL PREDICTION OF EARTHQUAKE-INDUCED LIQUEFACTION POTENTIAL JOB NUMBER: 100-18 DATE: 05-06-2015 JOB NAME: Training Center SOIL-PROFILE NAME: LIQ10018.LDW BORING GROUNDWATER DEPTH: 30.00 ft CALCULATION GROUNDWATER DEPTH: 30.00 ft DESIGN EARTHQUAKE MAGNITUDE: 6.70 Mw SITE PEAK GROUND ACCELERATION: 0.440 g BOREHOLE DIAMETER CORRECTION FACTOR: 1.15 SAMPLER SIZE CORRECTION FACTOR: 1.00 N60 HAMMER CORRECTION FACTOR: 0.95 MAGNITUDE SCALING FACTOR METHOD: R.Seed (1998, pers. comm) Magnitude Scaling Factor: 1.212 rd-CORRECTION METHOD: Idriss (1998, in press) FIELD SPT N-VALUES ARE CORRECTED FOR THE LENGTH OF THE DRIVE RODS. Rod Stick-Up Above Ground: 3.0 ft CN NORMALIZATION FACTOR: 1.044 tsf MINIMUM CN VALUE: 0.6 Page 1 LIQTEST ------------------- ----------------------------- NCEER [1997] Method LIQUEFACTION ANALYSIS SUMMARY PAGE 1 ------------------- ----------------------------- File Name: LIQTEST.OUT ------------------------------------------------------------------------------ CALC. 1 TOTAL EFF. IFIELD I FC I I CORR. ILIQUE. 1 JINDUC. ILIQUE. SOIL DEPTHISTRESSISTRESS1 N IDELTAI C I (N1)601RESISTI r ISTRESSISAFETY NO. 1 (ft) I (tsf) l (tsf) I (B/ft) IN1_601 N j (B/ft) j RATIO1 d I RATIOIFACTOR ----+------+------+------+------+-----+-----+------+------+-----+------+------ 1 1 0.251 0.0131 0.0131 13 1 - I * * * * * ** 1 1 0.751 0.0381 0.0381 13 1 - I * * ( * * * ** 1 1 1.251 0.0631 0.0631 13 1 - I * * * * * ** 1 1 1.751 0.0871 0.0871 13 1 - I * * * * * ** 1 1 2.251 0.1131 0.1131 13 1 * * * * * ** 1 1 2.751 0.1381 0.1381 13 1 * * * * * ** 1 1 3.251 0.1631 0.1631 13 1 - I * * ( * * * ** 1 1 3.751 0.1881 0.1881 13 1 - I * * * * * ** 1 1 4.251 0.2131 0.2131 13 1 - I * * * * * ** 1 1 4.751 0.2381 0.2381 13 1 - I * * * * * ** 1 1 5.251 0.2631 0.2631 13 1 - I * * * ( * * ** 1 1 5.751 0.2881 0.2881 13 1 * * * * * ** 1 1 6.251 0.3131 0.3131 13 1 * * * * * ** 2 1 6.751 0.3381 0.3381 14 1 - I * * * ! * * ** 2 1 7.251 0.3631 0.3631 14 1 - I * I * * * * ** 2 1 7.751 0.3881 0.3881 14 1 - I * I * * * * I ** 2 1 8.251 0.4131 0.4131 14 1 - I * I * I * * * I ** 2 1 8.751 0.4381 0.4381 14 1 - I * * * * * ** 2 1 9.251 0.4631 0.4631 14 1 - I * * * * * ** 2 1 9.751 0.4881 0.4881 14 1 - I * * * * * ** 2 1 10.251 0.5131 0.5131 14 1 - I * * * * * ** 2 1 10.751 0.5381 0.5381 14 1 - I * * * * * ** 2 1 11.251 0.5631 0.5631 14 ( - I * * * * * ** 3 1 11.751 0.5871 0.5871 52 1 - I * * * * * ** 3 1 12.251 0.6121 0.6121 52 1 - I * * * * * ** 3 1 12.751 0.6371 0.6371 52 1 * * * * * ** 3 1 13.251 0.6621 0.6621 52 1 * ( * * * * ** Page 2 LIQTEST 3 1 13.751 0.6871 0.6871 52 1 - I * I * I * I * * ** 3 1 14.251 0.7121 0.7121 52 1 - I * I * I * * * ** 3 1 14.751 0.7371 0.7371 52 1 - I * * * * * ** 3 1 15.251 0.7621 0.7621 52 1 - I * * * * * ** 3 1 15.751 0.7871 0.7871 52 1 - I * I * * * * ** 3 1 16.251 0.8121 0.8121 52 1 - I * I * * * * ** 4 1 16.751 0.8371 0.8371 24 1 - I * I * * * * ** 4 1 17.251 0.8621 0.8621 24 1 - I * I * I * I * I * ** 4 ( 17.751 0.8871 0.8871 24 1 - I * I * I * * * ** 4 1 18.251 0.9121 0.9121 24 1 - I * I * I * * * ** 4 1 18.751 0.9371 0.9371 24 1 - I * I * I * * * ** 4 1 19.251 0.9621 0.9621 24 1 - I * I * I * * * ** 4 1 19.751 0.9871 0.9871 24 1 - I * I * * * * ** 4 1 20.251 1.0121 1.0121 24 1 - I * I * * * * ** 4 1 20.751 1.0371 1.0371 24 1 - I * I * I * * * ** 4 1 21.251 1.0621 1.0621 24 1 - I * I * I * * * ** NCEER [1997] Method LIQUEFACTION ANALYSIS SUMMARY PAGE 2 File Name: LIQTEST.OUT ------------------------------------------------------------------------------ CALC. 1 TOTALI EFF. (FIELD I FC I I CORR. ILIQUE. 1 JINDUC. ILIQUE. SOIL DEPTHISTRESSISTRESS1 N IDELTAI C I (N1)601RESISTI r ISTRESSISAFETY NO. 1 (ft) I (tsf) j (tsf) j (B/ft) jN1_60j N j (B/ft) j RATIO1 d I RATIOIFACTOR ----f------+------t------t------+-----f-----+------+------+-----+------+------ 5 1 21.751 1.0871 1.0871 40 1 - I * I * I * * * ** 5 1 22.251 1.1121 1.1121 40 1 - I * I * ( * * * ( ** 5 1 22.751 1.1371 1.1371 40 1 - I * I * * * * ** 5 1 23.251 1.1621 1.1621 40 1 - I * I * * * * ** 5 1 23.751 1.1871 1.1871 40 1 - I * I * * * * ** 5 1 24.251 1.2121 1.2121 40 1 - I * I * * * * ** 5 1 24.751 1.2371 1.2371 40 1 - I * I * * * * ** 5 ( 25.251 1.2621 1.2621 40 1 - I * I * I * * * ** 5 1 25.751 1.2871 1.2871 40 1 * * * * * ** 5 1 26.251 1.3121 1.3121 40 1 * * ( * * * ( ** 6 1 26.751 1.3371 1.3371 19 1 8.391 * 1 * I * I * I * I ** 6 1 27.251 1.3621 1.3621 19 1 8.391 * 1 * I * I * I * I ** 6 1 27.751 1.3871 1.3871 19 1 8.391 * 1 * I * I * I * I ** 6 1 28.251 1.4121 1.4121 19 1 8.391 * 1 * I * I * I * I ** 6 1 28.751 1.4371 1.4371 19 1 8.391 * 1 * I * I * I * I ** 6 1 29.251 1.462' 1.4621 19 1 8.391 * 1 * I * I * I * I ** Page 3 LIQTEST 6 1 29.751 1.4871 1.4871 19 1 8.391 * I * I * I * I * I ** 6 1 30.251 1.5121 1.5051 19 1 8.3910.8341 25.7 1 0.28010.8611 0.2471 1.37 6 1 30.751 1.5371 1.5141 19 1 8.3910.8341 25.7 1 0.28010.8581 0.2491 1.36 6 1 31.251 1.5621 1.5231 19 1 8.3910.8341 25.7 1 0.28010.8551 0.2511 1.35 7 1 31.751 1.5871 1.5331 57 1 0.2710.8091 50.7 jInfin 10.8521 0.2521NonLiq 7 1 32.25I 1.6121 1.5421 57 1 0.2710.8091 50.7 jInfin 10.8491 0.2541NonLiq 7 1 32.751 1.6371 1.5521 57 1 0.2710.8091 50.7 jInfin 10.8461 0.2551NonLiq 7 1 33.251 1.6621 1.5611 57 1 0.2710.8091 50.7 jInfin 10.8431 0.257INonLiq 7 1 33.751 1.6871 1.5701 57 1 0.2710.8091 50.7 jInfin 10.8401 0.258INonLiq 7 1 34.251 1.7121 1.5801 57 1 0.2710.8091 50.7 jInfin 10.8371 0.260INonLiq 7 1 34.751 1.7371 1.5891 57 1 0.2710.8091 50.7 jInfin 10.8341 0.261INonLiq 7 1 35.251 1.7621 1.5991 57 1 0.2710.8091 50.7 jInfin 10.8311 0.2621NonLiq 7 1 35.751 1.7871 1.6081 57 1 0.2710.8091 50.7 jInfin 10.8281 0.2631NonLiq 7 1 36.251 1.8121 1.6171 57 1 0.2710.8091 50.7 jInfin 10.8251 0.2651NonLiq 8 1 36.751 1.8371 1.6271 38 110.4110.7861 43.1 jInfin 10.8221 0.2661NonLiq 8 1 37.251 1.8621 1.6361 38 110.4110.7861 43.1 jInfin 10.8201 0.2671NonLiq 8 1 37.751 1.8871 1.6461 38 110.4110.7861 43.1 jInfin 10.8171 0.268INonLiq 8 1 38.251 1.9121 1.6551 38 110.4110.7861 43.1 jInfin 10.8141 0.2691NonLiq 8 1 38.751 1.9371 1.6641 38 110.4110.7861 43.1 jInfin 10.8111 0.270INonLiq 8 1 39.251 1.9621 1.6741 38 110.4110.7861 43.1 jInfin 10.8081 0.271INonLiq 8 1 39.751 1.9871 1.6831 38 110.4110.7861 43.1 jInfin 10.8051 0.2721NonLiq 8 1 40.251 2.0121 1.6931 38 110.4110.7861 43.1 jInfin 10.8021 0.2731NonLiq 8 1 40.751 2.0371 1.7021 38 110.4110.7861 43.1 jInfin 10.7991 0.2741NonLiq 8 1 41.251 2.0621 1.7111 38 110.4110.7861 43.1 jInfin 10.7961 0.2741NonLiq 9 1 41.751 2.0871 1.7211 18 1 7.9410.7651 23.0 1 0.23310.7931 0.2751 1.03 9 1 42.251 2.1121 1.7301 18 1 7.9410.7651 23.0 1 0.23310.7901 0.2761 1.02 9 1 42.751 2.1371 1.7401 18 1 7.9410.7651 23.0 1 0.23310.7881 0.2771 1.02 9 1 43.251 2.1621 1.7491 18 1 7.9410.7651 23.0 1 0.23310.7851 0.2771 1.02 ------------------- ----------------------------- NCEER [1997] Method LIQUEFACTION ANALYSIS SUMMARY PAGE 3 ------------------- ----------------------------- File Name: LIQTEST.OUT ------------------------------------------------------------------------------ CALC. 1 TOTALI EFF. IFIELD I FC I I CORR. ILIQUE. 1 JINDUC. ILIQUE. SOIL DEPTHISTRESSISTRESS1 N IDELTAI C I (N1)601RESISTI r ISTRESSISAFETY NO. 1 (ft) I (tsf) l (tsf) I (B/ft) IN1_601 N j (B/ft) j RATIO1 d I RATIOIFACTOR ----+------+------+------+------+-----+-----+------+------+-----+------+------ 9 1 43.751 2.1871 1.7581 18 1 7.9410.7651 23.0 1 0.23310.7821 0.2781 1.01 9 1 44.251 2.2121 1.7681 18 1 7.9410.7651 23.0 1 0.23310.7791 0.2791 1.01 9 1 44.751 2.2371 1.7771 18 1 7.9410.7651 23.0 1 0.23310.7761 0.2791 1.01 9 1 45.251 2.2621 1.7871 18 1 7.9410.7651 23.0 1 0.23310.7731 0.2801 1.01 Page 4 LIQTEST 9 1 45.751 2.2871 1.7961 18 1 7.9410.7651 23.0 1 0.23310.7701 0.2811 1.01 9 1 46.251 2.3121 1.8051 18 1 7.9410.7651 23.0 1 0.23310.7671 0.2811 1.00 10 1 46.751 2.3371 1.8151 17 ( 7.7110.7461 21.6 1 0.21410.7651 0.2821 0.92 10 1 47.251 2.3631 1.8241 17 1 7.7110.7461 21.6 1 0.21410.7621 0.2821 0.92 10 1 47.751 2.3881 1.8341 17 1 7.7110.7461 21.6 1 0.21410.7591 0.2831 0.92 10 1 48.251 2.4131 1.8431 17 1 7.7110.7461 21.6 1 0.21410.7561 0.2831 0.92 10 1 48.751 2.4381 1.8521 17 1 7.7110.7461 21.6 1 0.21410.7531 0.2831 0.91 10 1 49.251 2.4631 1.8621 17 1 7.7110.7461 21.6 1 0.21410.7501 0.2841 0.91 10 1 49.751 2.4881 1.8711 17 1 7.7110.7461 21.6 1 0.21410.7481 0.2841 0.91 10 1 50.251 2.5131 1.8811 17 1 7.7110.7461 21.6 1 0.21410.7451 0.2851 0.91 10 1 50.751 2.5381 1.8901 17 1 7.7110.7461 21.6 1 0.21410.7421 0.2851 0.91 10 151.251 2.5631 1.8991 17 1 7.7110.7461 21.6 1 0.21410.7391 0.2851 0.91 ------------------------------------------------------------------------------ Page 5 Fire Department Training Center 1 N r)O(Xs vs. Depth 0 - i 1 I 1k t I � F y I- - I -20 -25 -30 - _35 -4 0 I f I -45 -50 iil Ilil ll1MCI Fill 1I rl I i1 1111 ilih i 0 5 10 15 20 25 30 35 40 45 54 55 N 160 (bpf Fire Department Training Center Factor of Safety vs. Depth -5 -15 -20 - -25 - -30 -40 -45 • -50 0.0 0.5 1 .0 1 .5 2,0 F.S. PROPOSED FIRE DEPARTMENT TRAINING CENTER Geotechnical Investigation Report APPENDIX E SITE PHOTOGRAPHS May 8,2015 Geo-Environmental,Inc 1 � . C r� N# . R 4 Photo l: Sorehole being prepared for the perfdr-mance of the percolators testing. F t 5 � M . ! w 4 Photo 2: Picture showing Rotary-Wash Drili Rig used for drilling up to 51.5 feet befow the existing ground surface, *=I alit-Project No-100-i0 GEO-ENVIRONMENTAL, INC RECEiVED RECEIVED SEP 18 2016 CRY CLERK'S OFRCE � �,m,��,. SEP 1 2 2016 CITY ADMINISTRATION STAFF REPORT 01 q- r-)-c(. PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: September 20,2016 TO: Honorable Mayor and City Council FROM: Derek Wieske,Director of Public Works, Water and Development Services Department y,�A�, Originator: Anthony Zarate,Administrative Secretary RE: Services Agreement with Jason Addison Smith (JAS Pacific) and Interwest Consulting Group for On-Call Building Plan Check and Inspection Services Recommendation A. Find that awarding of contracts for on-call plan check and inspection services to Jason Addison Smith (JAS Pacific) and Interwest Consulting Group are exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Enter into a three-year agreement with Jason Addison Smith (JAS Pacific) for an annual not-to-exceed amount of $65,000 per year, or grand total not-to-exceed amount of $195,000 for on-call plan check and inspection services; and C. Enter into a three-year contract with Interwest Consulting Group for an annual not-to- exceed amount of$65,000 per year, or grand total not-to-exceed amount of$195,000 for on-call plan check and inspection services. Background In recent years, the City of Vernon has seen a steady increase in redevelopment and building activity, including new construction, all of which must be in compliance with the City's building code, including accessibility requirements. In order to maintain the streamline services the City is known for, staff relies on the expertise of consultants to provide several services including but not limited to, certified access specialists, plan check reviews and on-site inspections to ensure code compliance. Page 1 of 2 Currently, the City does not have the staffing levels required to take on the full workload and outsourcing these services versus having more staff has been found to be cost effective. Additionally, a recent vacancy in the Engineering Division has created a critical need to outsource the grading permit plan checking which includes a review of the civil grading plans, stormwater quality improvements, hydrology and hydraulics reports. As such, on July 28, 2016, the Public Works, Water and Development Services Department (Department) issued a request for proposals (RFP) to firms for on-call plan check and inspection services on behalf of the City's Building & Safety Division. The following consultants submitted proposals: • VCA Code • JAS Pacific • [nterwest Consulting Group • Bureau Veritas The proposals were evaluated by the Public Works, Water and Development Services staff in accordance with Section 2.17.08 of the City's Municipal Code. Based on that panel evaluation, staff now recommends Jason Addison Smith (JAS Pacific) and [nterwest Consulting Group as the most qualified firms based on responsiveness to the RFP, professional qualifications and experience. The Department is recommending that JAS Pacific and lnterwest be retained to perform the subject services for a period of three years for a not-to-exceed amount of$65,000 per contract, per year. The City has prepared the attached services agreements for each consultant. Both agreements have been reviewed and approved as to form by the City Attorney's Office. Fiscal impact The consultant fees are based on actual work performed. Fees billed to the City have ranged from $200 to $12,000 in the last five years based on building activity of the Building division and mostly driven by new construction. City staff is recommending that each contract with JAS Pacific and [nterwest be approved with an annual not-to-exceed amount of $65,000. Sufficient funds have been budgeted for this work under the Department's Building Division. Attachments 1. Professional Services Agreement between the City of Vernon and JAS Pacific 2. Professional Services Agreement between the City of Vernon and Interwest Page 2 of 2 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND JASON ADDISON SMITH CONSULTING SERVICES, INC. DBA JAS PACIFIC FOR ON-CALL BUILDING PLAN CHECK AND INSPECTION SERVICES COVER PAGE Contractor: Jason Addison Smith Consulting Services, Inc., dba JAS Pacific Responsible Principal of Contractor: Fady Mattar, PE, CBO, President Notice Information - Contractor: Jason Addison Smith Consulting Services, Inc. dba JAS Pacific 201 N. Euclid Avenue, Suite A Upland, CA 91786 Attention: Fady Matter, PE, CBO, President Phone: (909) 605-7777 Email: fady@jaspacific.com Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Derek Wieske, Director of Public Works, Water & Development Services Telephone: (323) 583-8811 ext. 245 Facsimile: (323) 826-1435 Commencement Date: September 20, 2016 Termination Date: September 19, 2019 Consideration: Total not to exceed $65,000.00 for each fiscal year or grand total not to exceed $195,000.00 for three years (includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three (3) years, pursuant to Section 9.19 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND JASON ADDISON SMITH CONSULTING SERVICES, INC. DBA JAS PACIFIC FOR ON-CALL BUILDING PLAN CHECK AND INSPECTION SERVICES This Contract is made between the City of Vernon ("City"), a Califonnia charter City and California municipal corporation ("City"), and Jason Addison Smith Consulting Services, Inc., dba JAS Pacific 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 September _, 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 issued in July 2016, Exhibit "A", and Contractors proposal to the City ("Proposal") dated August 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 plan checking and inspection consulting 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 September 20, 2016, and it 2 shall continue until September 19, 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 $195,000.00, 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 fumishing 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 immediately preceding calendar month. 3 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be retumed 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 Public Works, Water& Development Services Department 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 $195,000.00. 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 Contractors 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 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. 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. 5 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, representations, understandings, correspondence, documentation and agreements (written or oral). 9.10.3 Written Amendment. This Contract may only be changed 6 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 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, 7 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 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: A. any activity on or use of City's premises or facilities or any performance under this Contract; or B. 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). The sole negligence or willful misconduct of City, its employees or agents other than Contractor or Contractor's subcontractors are excluded from this indemnity agreement. 9.15 INSURANCE. Contractor shall, at its own expense, procure and maintain 8 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. 9.15.1 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. 9.15.2 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. A. 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. B. Blanket Contractual Coverage if required. C. Products/Completed Operations coverage where such risk is applicable. 9.15.3 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' 9 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 City Council, 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. 9.15.4 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. 9.15.5 Insurance shall be placed with insurers with a Best's rating of no less than B:VIII. 9.15.6 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. 9.15.7 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, 10 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: Derek Wieske, Director of Public Works, Water& Development Services 4305 Santa Fe Avenue Vernon, CA 90058 If to the Contractor: JAS Pacific Attention; Fady Mattar, PE, CBO, President 201 N. Euclid Avenue, Suite A Upland, CA 91786 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 11 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. 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 Vemon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vemon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vemon, 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 12 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 "D". 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 "E°. [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 Jason Addision Smith Consulting Services, and California municipal corporation Inc. dba JAS Pacific, a California corporation By: By. Carlos Fandino, City Administrator Name: Title.- ATTEST: By: Maria E. Ayala, City Clerk Name: Title: APPROVED AS TO FORM: Brian Byun, Deputy City Attorney 14 EXHIBIT A REQUEST FOR PROPOSALS 15 EXHIBIT B PROPOSAL 16 EXHIBIT C SCHEDULE 17 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 attomey's fees, or to compel City officials to terminate the service contract of violating employers. 18 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. 19 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND INTERWEST CONSULTING GROUP FOR ON-CALL BUILDING PLAN CHECK AND INSPECTION SERVICES COVER PAGE Contractor: Interwest Consulting Group Responsible Principal of Contractor: Ron Beehler, SE, CBO Notice Information - Contractor: Interwest Consulting Group 15140 Transistor Lane Huntington Beach, CA 92649 Attention: Ron Beehler, SE, CBO Phone: (714) 899-9039 Email: rbeehler@interwestgrp.com Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Derek Wieske, Director of Public Works, Water & Development Services Telephone: (323) 583-8811 ext. 245 Facsimile: (323) 826-1435 Commencement Date: September 20, 2016 Termination Date: September 19, 2019 Consideration: Total not to exceed $65,000.00 for each fiscal year or grand total not to exceed $195,000.00 for three years (includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three (3) years, pursuant to Section 9.19 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND INTERWEST CONSULTING GROUP FOR ON-CALL BUILDING PLAN CHECK AND INSPECTION SERVICES This Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation ("City"), and Interwest Consulting Group, 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 September _, 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 issued in July 2016, Exhibit "A", and Contractor's proposal to the City ("Proposal") dated August 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 plan checking and inspection consulting 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 September 20, 2016, and it 2 shall continue until September 19, 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 $195,000.00, 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. 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 immediately preceding calendar month. 3 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 Public Works, Water & Development Services Department 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 $195,000.00. 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 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. 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, representations, understandings, correspondence, documentation and agreements (written or oral). 9.10.3 Written Amendment. This Contract may only be changed 6 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 Severabilfty. 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 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, 7 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 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: A. any activity on or use of City's premises or facilities or any performance under this Contract; or B. 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). The sole negligence or willful misconduct of City, its employees or agents other than Contractor or Contractor's subcontractors are excluded from this indemnity agreement. 9.15 INSURANCE. Contractor shall, at its own expense, procure and maintain 6 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. 9.15.1 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. 9.15.2 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 Contractors performance of this Contract. A. 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. B. Blanket Contractual Coverage if required. C. Products/Completed Operations coverage where such risk is applicable. 9.15.3 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' 9 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 City Council, 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. 9.15.4 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. 9.15.5 Insurance shall be placed with insurers with a Best's rating of no less than B:VIII. 9.15.6 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. 9.15.7 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, 10 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: Derek Wiekse, Director of Public Works, Water & Development Services 4305 Santa Fe Avenue Vernon, CA 90058 If to the Contractor: Interwest Consulting Group Attention: Ron Beehler, SE, CBO 15140 Transistor Lane Huntington Beach, CA 92649 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 11 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. 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 12 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 Y2 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 "D". 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 "E". [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 Interwest Consulting Group, a California and California municipal corporation corporation By. By: Carlos Fandino, City Administrator Name: Title.- ATTEST: By: Maria E. Ayala, City Clerk Name: Title: APPROVED AS TO FORM: Brian Byun, Deputy City Attorney 14 EXHIBIT A REQUEST FOR PROPOSALS 15 EXHIBIT B PROPOSAL 16 EXHIBIT C SCHEDULE 17 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. 18 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. 19 RECEIVED r SEP 13 2016 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION DATE: September 20, 2016 TO: Honorable Mayor and City Council FROM: Carlos R. Fandino, Jr., City Administrator Originator: Diana Figueroa, Administrative Secretary RE: Approval of Special Event Agreement with the Huntington Park Area Chamber of Commerce for the 24th Annual "Sabor de Mexico Lindo Downtown Festival' Recommendation A. Find that the approval of the proposed Special Event Agreement with the Huntington Park Area Chamber of Commerce 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. Approve a Special Event Agreement with the Huntington Park Area Chamber of Commerce, in substantially the same form as submitted herewith, to co-host the "Sabor de Mexico Lindo Downtown Festival"scheduled for October 1 —October 2, 2016. C. Authorize the City Administrator to sign the aforementioned Special Event Agreement with the Huntington Park Area Chamber of Commerce. Background The "Sabor de Mexico Lindo Downtown Festival" is an annual celebration that honors the culture of Mexico and National Hispanic Heritage Month through music, dancing, food, displays, arts and crafts, and entertainment. It is a family-oriented, free public event which attracts approximately 200,000 people over a period of three days. Attendees travel to the festival from neighboring cities and from all areas of Southern California. This year's festival is scheduled for presentation from October 1 —October 2, 2016. Page l of 2 This large scale event is typically presented in the heart of Huntington Park. This year, due to Huntington Park's major Downtown Revitalization Project, the usual location on Pacific Blvd. will not be accessible during the proposed festival date range, as construction will be underway. In an effort to continue the tradition of the festival, the Huntington Park Area Chamber of Commerce approached Vernon, its neighboring city, to inquire about the possibility of establishing a partnership to co-host the event. On August 16, 2016, the City Council approved Vernon's partnership with the Huntington Park Chamber of Commerce to co-host this high profile festival which is of great benefit to the people who reside and work in our region. City staff has worked with the HPCC to analyze the specific requirements for the "Sabor de Mexico Lindo Downtown Festival." In keeping with Vernon's Good Governance policies and contract principles, staff seeks to formalize the partnership with HPCC via the attached Special Event Agreement which contains the full scope of all necessary event components and outlines each party's responsibilities. The agreement has been reviewed and approved as to form by the City Attorney's office. Fiscal Impact All expenses incurred by the City of Vemon related to the "Sabor de Mexico Lindo Downtown Festival" will be reimbursed by the Huntington Park Area Chamber of Commerce. To date, the City has secured a deposit from the HPCC in the amount of$35,000.00. Attachment(s) 1. Special Event Agreement with the Huntington Park Area Chamber of Commerce for the 2016 "Sabor de Mexico Lindo Downtown Festival" Page 2 of 2 City of Vernon 4+ l 1905 2016 SABOR DE MEXICO UNDO DOWNTOWN FESTIVAL MASTER AGREEMENT Special Event Agreement Huntington Park Area Chamber of Commerce and City of Vernon This agreement("Agreement") is made and entered into this day of 2016 by and between the Huntington Park Area Chamber of Commerce("HPCC") and the City of Vemon ("City"). RECITALS A. HPCC is the event organizer for the 24'h Annual "Sabor De Mexico Lindo Downtown Festival" ("Event") to be held in the City on October 1 and 2, 2016. B. HPCC approached the City to conduct the event in the public right of way of the City of Vernon, and more specifically the Event is to be held on Pacific Boulevard between 46th Street to Santa Fe Avenue Street ("Event Site"). C. The Event includes the activities of exhibitor booths of arts and crafts, retail, commercial, food and corporate displays, two areas of amusement rides and two stages of live entertainment. All Event participants, including but not limited to HPCC, exhibitors, vendors, amusement ride operators, musicians, performers and Event subcontractors shall be herein referred to collectively as"Event Participants." D. Advertising for the event shall be included on the City of Vernon website. NOW THEREFORE, the parties hereto ap-ree as follows: 1. Scope of Event. The Event will be open to the general public from 11:00 a.m. to 11:00 p.m. on Saturday, October 1 and 11:00 a.m. to 10:00 p.m. on Sunday, October 2, 2016. a. HPCC will conduct Event set-up between 12:00 noon on Friday, September 30 and 10:00 PM. b. HPCC will conduct clean up, to the satisfaction of the City Engineer, and subject 1 to paragraph 10 below, on the first day of the Event (Saturday, October 1, 2016) from 2:00 p.m. to 11:00 p.m. and after the conclusion of the Event on Sunday, October 2 from 10:00 p.m. to (at the latest) Monday, October 3, 2016 at 5:00 a.m. This clean up shall be to the satisfaction of the City Engineer, or his designee. c. The event shall comply with all provisions of the City of Vernon Noise Ordinance. Table 26.4.1-7(b)(2) in the Vernon Municipal Code. d. Musical performances on two (2) stages will be held on Saturday, October 1 from 12:00 noon to 10:00 p.m. and on Sunday, October 2 from 12:00 noon to 9:00 p.m. 2. Event Set Up of Participant Booths and Staves a. HPCC is responsible for the oversight of all aspects of rental tents, including during mobilization, during the Event, and during demobilization. Event tents are l0'x 10' in size. Vendors will be advised that if they intend to use a tent/canopy during the Event that no stakes are to be used. Tents must be held in place with weights, such as sand bags or filled water jugs. In the event there are any damages, marks or other defacement occurring to City-owned property, including but not limited to, parking lot asphalt, street areas, customer meters, concrete sidewalk, and curbing, HPCC shall pay such costs within thirty(30)days of receipt of an invoice from the City. b. HPPC is responsible for oversight and safety of the two stages set up for live entertainment. This includes all phases of mobilization, during the Event, and demobilization. Any financial damages to any property as a result of the stages will be the responsibility of HPCC to pay costs as submitted within thirty(30) days of receipt of an invoice. 3. Traffic Control. .L. HPCC will provide the City with a Traffic Control Plan(TCP) at least 3 weeks prior to the event. The TCP will be prepared by a civil or traffic engineer licensed in the State of California. HPCC shall ensure that all traffic control devices comply with the latest version of the Manual on Uniform Traffic Control Devices. HPCC's Traffic Control Plan shall comply with Section 22.90 of the Vernon Municipal Code except as waived by the City Engineer. b. HPCC will also submit a detour plan to the City, which will be prepared by a licensed traffic engineer. c, The City will review and comment on the TCP within 5 working days of the submittal. d. HPCC will respond to the City's comments within 5 working days with a revised TCP. HPCC will provide and set-up required signs on Pacific Boulevard in the Event Site reflecting a street closure on Monday, September 19, 2016 in advance of the Event. This will include messaging that there will be a street closure starting Noon on Friday, September 30, 2016 until Monday morning at 5:00 a.m. on October 3, 2016 due to the Event. Traffic control will be necessary during the set- up/teardown hours on the day of the Event. Vendors will enter the Event grounds through Santa Fe Ave. Only vehicles with approved "Sabor De Mexico Lindo Festival"passes will be allowed into the lot. HPPC will provide volunteers to assist with the check-in of vendors/vehicles. r'. HPPC is responsible for the placement of barricades at areas surrounding the Event's official location on Santa Fe Avenue. HPPC will provide water barricades at all locations determined necessary by the City Engineer, Chief of Police, or 3 their designee. Barricades will be in place from 12:00 p.m, noon, Friday, September 30 to 5:00 a.m. on Sunday, October 3, 2016. The total number of barricades shall be as determined by the City Engineer. HPCC shall provide advance warning signs and/or message boards, which shall be placed at least 10 working days in advance of any road closures. h. HPCC shall pay an application fee for any required detours in accordance with Vernon Municipal Code Section 22.104. i. HPCC shall compensate the City of Vernon for all staff costs incurred for the retiming of traffic signals for the event, including but not limited to Santa Fe Avenue and Pacific Boulevard. j. HPCC shall be responsible for securing all necessary event approvals from BNSF and UP Railroad. 4. Parkine. The City will attempt to obtain permission for all private lot usages, including but not limited to (i) the parking lots near the main stage on 45" Street, which lot is intended for entertainment and VIP Dignitaries, for Exhibitors and Sponsors; and (ii) the private parking lot of Wells Fargo Bank for the"Plaza De Mariachi" Stage Talent on 46th Street. Visitors will utilize the numerous public streets and available parking lots throughout the Event. HPPC is responsible for hiring and coordinating shuttle service and for obtaining secure parking areas in City of Huntington Park. The Vernon City Hall Parking lots shall not be used for event parking. 5. Public Safety. For security and crowd control, HPCC will utilize the services of the Vernon Police Department ("VPD"). For purpose of crowd control and traffic direction activity, VPD personnel will be assigned, at the discretion of the Chief of Police or his designee(s). In the event of any unanticipated circumstance connected in any way to this Event, that necessitates alerting of and/or deployment of police officers, HPCC agrees to reimburse all related expenses 4 incurred by the City. HPCC agrees that it will be responsible for any/all overtime costs and shall remit such costs in accordance with the schedule provided in Exhibit A attached hereto. Private security will also be contracted for by HPPC for enhanced security. For on-site fire and safety needs, HPCC will utilize the services of the Vernon Fire Department ("VFD"). VFD personnel will be assigned, at the direction of the Fire Chief or his designee. HPCC will provide full access to the Event area for emergency vehicles which will allow entry response for fire, medical emergency or police related needs. 6. Insurance. A certificate of insurance for$5 million general liability coverage is to be provided by the HPCC to the City two (2) weeks in advance of the Event. The City of Vernon is to be named as an additional insured on this policy. HPCC shall distribute the City's insurance requirements to all Event Participants and obtain from Event Participants the required insurance and provide it to the Chamber as a condition of participating. Any insurance provided by Event Participants shall include the City and the Chamber as additional insureds on such policies. As the Event organizer, HPCC is fully responsible for compliance with these insurance requirements and agrees to allow the City the right to inspect Event Participants' insurance upon request. HPCC agrees to reimburse the City the cost of Event Insurance covering the dates of September 30, 2016 through October 3, 2016, as set forth in Exhibit A. The cost of such Event Insurance will be reimbursed based upon actual invoice cost. The cap on such cost will be$10,000. Any amount exceeding that would be the responsibility of the City. 7. Pre-Event Notifications to Affected Entities. The City will notify affected businesses, and the Los Angeles Metropolitan Transportation Authority(Metro) about the Event and hours of operation (i.e., set-up and tear-down) for rerouting and temporary closure purposes. 5 8. Restroom Facilities. HPPC will provide fifty(50) rental portable facilities to be placed on the west side of Chambers Street. This includes regular and handicap accessible facilities. The units will be delivered on Friday, September 30, 2016 and picked up on Monday, October 3, 2016. HPCC will be responsible for the maintenance and upkeep of the portable facilities for the entire duration of the Event. 9. Electrical/Water Needs. HPCC will provide all electrical needs for the festival and will remit payment for electrical usage according to the schedule attached as Exhibit A hereto. HPCC requires water for the water barricades and for the food vendor sinks. The City will provide the water from three (3) City hydrants chosen by HPCC. HPCC is responsible for conservation and clear labeling that water is not for human consumption. All electrical work performed in the Public Right of Way shall require an electrical permit issued by the City of Vernon. 10. Clean-up Procedures. HPCC will hire a trash removal company. Barrels or dumpsters are to be obtained by HPCC. The City's trash removal company has offered a 35%discount if they are selected. HPCC's hired trash removal company shall provide services during the day and during clean-up from 2:00 p.m. to l 1:00 p.m. on Saturday, October 1 and Sunday, October 2 from 2:00 p.m. to 11:30 p.m. Trash bags will be gathered and dropped in a central location for the trash roll-offs on Chambers Street. HPCC shall coordinate with City's street sweeping contractor after the amusement operator crew has cleaned up street trash and debris. Any costs associated with the failure of the amusement operator crew performing will be billed to HPCC. 11. Indemnification and Hold Harmless. The City shall be fully indemnified and held harmless for any actions related to the Event, including termination of the Event as described in paragraph 14 below, by and from the Chamber as the Event organizer and by and from any Event G Participant. All Event Participants, including the Chamber, shall execute an indemnification and hold harmless agreement in favor of the City, a form of which is attached hereto as Exhibit B. This form is required to be completed prior to participating in the Event. The City reserves the right to review and inspect the indemnification forms. 12. City Inspection of Food and Beverages Booth Locations. A Health Department Inspection is required for vendors that serve food and/or beverages. An inspection may be performed at any time a vendor is operating during the Event. An inspection form will be issued to each food vendor. HPCC agrees to provide food exhibitors with a City of Vernon Health Permit application (a form of which is attached hereto as Exhibit C) and inform them of the $91 inspection fee that is to be paid prior to the Event. The food/beverage vendor will pay their fee and process their application directly with the City of Vernon's Health Department. In the event the $91 inspection tee is not paid prior to the Event, it is mutually agreed that HPCC will assume responsibility for this cost of its vendor participants. HPCC shall provide the City with four booths, at no cost to the City, for City department use, including but not limited to City Clerk, Police, Fire, Public Works, and Gas and Electric Departments. HPCC shall comply with the Health Department's policies and procedures regarding food and/or beverage vendors for the Event, including but not limited to submission of a "Temporary Food Facility Sponsor/Organizer Application" (attached hereto as Exhibit D) and fee (as set forth in Exhibit A). 13. Miscellaneous. a. Amusement Ride Inspection Permits: HPCC is responsible for verifying that all permits to operate equipment are current and comply with State and Federal Law. b. First Aid Station: HPCC is responsible for maintaining, at all times, during the Event a fully operational first aid station manned with certificated personnel. 7 c_ Banner Installations and Take-Down: HPCC is responsible for installing and taking down all banners and displays as per City requirements. Li. Security Patrol: HPCC is responsible for hiring contract security patrol for the Event. Operational plans are to be shared with the Vernon Police Department,one week before the Event. e. Parking and Shuttle Service_ HPCC is responsible hiring and coordinating shuttle service and obtaining secure parking areas in Huntington Park. Vernon Chamber of Commerce: HPCC is responsible for any coordinating outreach required with the Vernon Chamber of Commerce. Marketing, Advertising and Promotions: HPCC shall coordinate with the City in regard to marketing, advertising and promotional activities for the Event, including but not limited to the use of the City of Vernon seal and/or city logo in TV commercials, radio spots,newspaper print display ads, promotional flyers,and website banner or pop-up/pop-over online advertising and social media promotions. The City will assist with advertising the event by including information on the event on the City's website, and posting flyers at City Hall, and announcing the event at a City Council meeting. Ii_ Disabled Access Regulations; HPCC shall ensure that all sidewalks and walkways remain compliant with current Federal and State disabled access regulations. i. Encroachment Permits: HPCC shall obtain all encroachment permits required according to Section 22.31 of the Vernon Municipal Code. Furthermore, all contractors doing work in the public right of way must be properly licensed and have appropriate workers' compensation insurance, as required by State Law. 8 j, Noise: The event shall comply with all provisions of the City's Noise Ordinance, and Table 26.4.1-7(b)(2) in the Vernon Municipal Code outlines those requirements. k. Special Event Permit: HPCC shall obtain a Special Event Permit, as outlined in Section 26.6.5-11 of the Vernon Municipal Code. 1. Public Works Crews: HPCC shall pay all overtime costs incurred for a public works crew of four(4)during the operating hours of the event, including the Friday before the event. 14. Revocation. Either party may terminate this Agreement upon written notice to the other party for failure to fulfill any of the obligations set forth herein. HPCC also acknowledges this Agreement will terminate and the Event may be cancelled before the Event Date or during the Event if the Vernon Police Department or Vernon Fire Department, in the judgment of the chiefs of those respective City departments, determines that the Event poses a threat to the health, safety or welfare of the general public. In the event of such a termination, the Chamber agrees that the indemnification and hold harmless provision in paragraph 11 above shall apply. 15. Notices. Service of any notices, bills, invoices or other documents required or permitted under this Agreement shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as follows: Vernon: William Fox City of Vernon Director of Finance 4305 Santa Fe Avenue Vernon, CA 90058 wfox&j.vernon.ca.us HPCC: Leticia Martinez Greater Huntington Park Chamber of Commerce Executive Director/ CEO 6725 Seville Avenue Huntington Park, CA 90255 LMartinez(u(»HPChamber.orta 16. Attorney'-Fees. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled. 17. Waiver. A waiver by either party of any breach of any term, covenant, or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement whether of the same or different character. 18. Severabdi . Each paragraph and provision of this Agreement is severable from each other paragraph and provision, and if any paragraph, provision or part thereof is declared invalid, the remaining paragraph and provisions shall nevertheless remain in full force and effect. 19. Authority. The individuals executing this Agreement each represent and warrant that they have the legal power, right and actual authority to bind their respective entity to the terms and conditions hereof. 20. ti o Tbird fa rt • Bcnel iciarics.This Agreement is not intended for any third party's benefit and cannot be enforced by any third party. 21. Governing Law and Venue. This Agreement and disputes arising out of or relating to the Agreement or the parties' relationship are governed by the laws of the State of California. Any action or proceeding arising out of or relating to the Agreement or the parties' relationship shall be brought in a state court situated in the County of Los Angeles, State of California. 22. Merger and Amendment.This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements or 10 understanding(whether oral or written)between or among the parties relating to the subject matter of this Agreement that are not fully expressed herein. This Agreement may not be amended except pursuant to a written instrument signed by all parties. JSjtknalures Relowl HUNTINGTON PARK AREA CHAMBER OF CITY OF VERNON CO MERLE 4 t Leticia Martinez, txecutivfDiree nr/CEO Carlos Fandino, City Administrator ATTEST: APPROVED AS TO FORM: Maria Ayala, City Clerk Hema Patel, City Attorney 11 EXHIBIT A REIMBURSABLE COSTS AND SCHEDULE OF PAYMENT THEREOF City Reimbursable Costs The City is to be reimbursed costs related to its participation at the Event. Such costs are not to contain any markups. For budget purposes, a good faith estimate was developed by the City. Actual costs will be submitted within 10 (ten) working days after the event. These costs are detailed below: Summary of Estimated City Reimbursable Costs • $29,800 - Police Department Overtime • $1 1,200 - Fire Department Personnel • $ 235 - Health Department Organizer Fee • $ 107 - Fire Department Event/Public Assembly Application Permit • $ 300 - Electrical Permit • $ 500—Public Works Traffic Control Permit • $10,000—City of Vernon Event Insurance • $52,142 - Total The City recognizes that certain permit fees may be incurred by subcontractors working at the direction of HPCC. As such, it is HPCC's responsibility to ensure the permits are obtained prior to the Event, regardless of which party pays. Timina of Payments to the City On or before September 21, 2016, the City is to receive a payment of$35,000 to cover a portion of the estimated costs incurred. Within ten (10) business days after the event the City will submit a statement for services rendered. Credit will be provided for the initial payment made in advance of the Event. The remaining balance owed shall be paid by HPCC within ten (10) business days after receipt of the City's invoice. 12 EXHIBIT B INDEMNIFICATION AND HOLD HARMLESS AGREEMENT FORM 13 INDEMNIFICATION AND HOLD HARMLESS For City of Vernon Event Name: Sabor De Mexico Lindo Event Dates:Leptembe_r_30, 2016—October 3,. 2016 Closure Site: Pacific Boulevard Between 49th street and Santa Fe Avenue Whereas, the below event participant ("Participant") desires to participate in the above- referenced event sponsored and organized by the Greater Huntington Park Area Chamber of Commerce (the "Event"); and Whereas, the Event will occur on property owned and controlled by the City of Vernon (the "City"), and the City grants Participant permission to use such property solely in connection with the Event;and Whereas, in consideration of the permission to use such property within the City's limits, Participant is willing to hold the City harmless and to indemnify the City against liability or loss related to Participant's use of the property during the Event as described below. NOW THEREFORE, Participant agrees as follow: Except for the gross negligence or willful misconduct of the City or any of its Boards, Officers, Agents, Employees, Assigns, and Successors in Interest, Participant undertakes and agrees to defend, indemnify, and hold harmless the City and any and all of the City's Boards, Officers, Agents, Employees, Assigns, and Successors in Interest, from and against all suits and causes of action, claims, losses, demands, and expenses, including, but not limited to, attorneys fees and costs of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including Participant's employees and agents, or damage or destruction of any property of any party, arising in any manner by reason of the negligent acts, errors, omissions or willful misconduct incident to the use of City property during the Event by Participant, its employees or its agents. Executed In: L1 Date: _ I-5t ilt, _ City and tate ID I I I� - II I Lr P4,Y Name of Event Participant: rL .Co u1kfb t - L 0hA1X1XrJ t&WIld. Title: fy t w , IJ! 1' f. to Address: 41 ! I EXHIBIT C HEALTH DEPARTMENT PERMIT APPLICATION 14 CIT Y OF VERNON F.NVHM)NMWLNTAL HEALTH DEPAIITMENT 4M SAKTA FIE Avtmllt,VEWMM CA MN (323)93.011,LVT-LU IMPW APPLICATION FOR FOOD HEALTH PERMIT 1'1i$3'>iE'['Fld!�r5:All aipplicana m&w aompkte SECTIONA Coarpkw SECTIIO,V B if y Dw business tnvoh-es a facility ar a fixed loeariarr. Complete SECTION A: BUSIVFSS INFOILMATION Nmae of Bus xss: Phone Na 8uunws O►vner. Business Addis: Mailing Address(if different from above): lb;a for APWICMM C'&=&Oft - ❑ PtTmil 10 Renc%%-al Perini[ ❑ Chafe of O,+rvr Change of Vehick Addkl mal t:nits SECTION I3: l i.-are the lijw of buxnrss you iv-uh to raait N.checiking the ip"bat. ❑aeunraw ❑ Food Wmehowe ❑ Food Vending Machines'ever ❑ Catering ❑a~30 Sam ❑ 31 orM= [No.of Unites I ❑ Food ''I E.AWWWWAcet ❑ Food Markel ❑ COMAMMiai Other. ❑ i-moow:l__1 Wknd=MDnr, Ma'� r,*.icuio r F—,z.cl fcw,l,xAAHIT ftrhirw Amcw one on der#of e7pjdfrtarao+�� f E.�6m/L SECTIQ�N C: Ti,PEOF VE111CLFS la ate the A Pe of Lyhdcletv mw-+uh Ao rant&'cherlci tie appn3pFkAe bax: I IoF T rwk(Mobile Food Prep.I Cold Lunchor Push CartiPm-Deckaged foods mlyl lrrtail Food Clrliref► 1,, Co,],dTnickifte-pKiaWf6odsonl}i Fruiat jt lrcgptal5ic L)cliw ► ❑ 14bokssle Foci drli.er3 fafenrift raclr 1-rhdclr w?or Irmulwd as ro arrJ a I Vchkzlc Lam^-^Kau s Ycar."MXka`Modei DUAarmurr liar ONLY I Bmk Fee k- ' Unil Fee S 3 TOTAL FETE M;E $-I t . J D S FEES MUST BE PAID AT TIME OF APPLICATION,PAYABLE TO: 0111r4 OF'k,FRNON" (UM badeofgoplk WK m idnmfV addiriarwi vrhirks) 1 deice Mier Mwhl of arhinM a fdas sr asmad ern.sa w bw of may kaa+rI im ami I rrs raarerais sawk hardy an rarmt mod tnmL 1 be sy saaaal so a•aseessory Isp des mmik pnaew W kw ad iarHr.w is w Woman of Mlle pmmk aW eprasim of A&rains. Dee: 5igrlat�n:= fitFc: Faa DUAaTMLNT USE utxLV NO E ;Ened 9, Pe Peril i)ace Fly: EXHIBIT D HEALTH DEPARTMENT TEMPORARY FOOD FACILITY SPONSOR/ORGANIZER APPLICATION PACKET 15 ,,,.. CITY OF VERNON ENVIRONMENTAL HEALTH DEPARTMENT 4305 s. Santa Fe. Ave., Vernon CA 90058 (323) 583-8811 FAX(323)599-4320 TEMPORARY FOOD FACILITY SPONSOR / ORGANIZER APPLICATION PACKET In accordance with the Health and Safety Code, Section 114335 a temporary food facility permit is required of the person or organization that is in control of a community event at which one or more temporary food facility operates. Attached are instructions for event sponsors and for food vendors to follow in applying for temporary food event occurring in the City of Vernon. The information should be read carefully and the forms must be completed before submitting the to the Environmental Health Office for processing. Who must have a permit? Any person (or organization) intending to sell, give away or sample food to the public in conjunction with an event (Examples of a temporary event (special event) include street fairs and festivals, musical and artistic presentations, sports events, ethnic celebrations, trade shows and product introductions involving food. This applies to all retail food and beverage, including: soft drinks, portable bars,beer gardens,etc. Permit fees are required of all event sponsors and vendors (non-profits see attachment). The fees vary according to the permit type. The Fee for the Event Sponsor or Organizer is $235.00 per event (1-3 days). The fee for each temporary food facility if $91.00. Each vendor must complete and submit the vendor application form. Event sponsors are responsible to ensure the availability of support facilities for the food vendors. These facilities include: - access to a safe water supply - 3-compartment sinks with hot/cold running water - Hand wash sinks - trash and wastewater disposal service - restrooms - Fire extinguishers(as necessary) Vendors found operating without valid permits will be closed until the fees are paid to the event organizer. All Vendors selling unpackaged foods must operate from an enclosed booth with a hand-washing station(see sample diagram in this packet). Please review and implement statewide requirements indicated in the attached guideline from Los Angeles County Environmental Health Please allow 30 days to process the applications for most events. The Event Sponsors or Organizers are the key contact person for our department and are held responsible for vendor compliance with the applicable regulations. Please let us know if there are any questions at(323)583-881 1. Thanks for your cooperation and we hope you have a successful event. EVENT ORGANIZER/SPONSOR RESPONSIBILITIES I. Work closely with the Department of Environmental Health to assure a safe and successful event. 2. Be familiar with your vendor operations and temporary food event rules and guidelines. 3. Provide the Department(must be submitted 30 days prior to the event)with the following: A. Completed Temporary Food Facility Organizer/Sponsor Application B. Food Vendor List which should include: Booth name(s) - Name,address,and phone number of person in charge of booth - Food/menu items C. SITE MAP which should include the location of: - Each food booth - Potable and non-potable water supply - Waste water disposal Trash Dumpsters Refrigerated trucks(if any) - Utensil wash sinks(three(3)compartment type) - Restrooms within 200 feet of food booths 4. Provide all food booth vendors with TEMPORARY FOOD FACILITIES APPLICATIONS, stressing the need to return applications to this Department no later than 30 days prior to the event. 5. Distribute Food safety notices included in this package. **HOME-PREPARED FOODS ARE NOT ALLOWED. If your organization does not have its own kitchen facility, you must obtain permission to use a kitchen facility which has been approved by the local Department of Environmental Health or obtain prepared foods from an approved source. For non-profit/exempt businesses, non-perishable bakery items are exempted from this restriction. FEES DUES: Make checks payable to: City of Vernon TYPE FEES QTY. AMOUNT TOTAL SPONSOR FEES 235.00 VENDORS 91.00 TOTAL : CITY OF VERNON ENVIRONMENTAL HEALTH TEMPORARY FOOD FACILITY ORGANIZER/SPONSOR APPLICATION EVENT NAME DATE LOCATION TIME OF EVENT SETUP DATE COORDINATOR NAME PHONE MAILING ADDRESS NUMBER OF FOOD BOOTHS CERTIFIED FARMER'S MARKET YES NO PETTING ZOO YES NO PROFIT OR NON PROFIT EVENT FACILITIES Source of Electricity Describe utensil washing facilities for food operators Describe Restroom Facilities Describe source(s)of water Describe Wastewater disposal Describe garbage/trash disposal Emergency Services SUBMITTED BY DF%rE PRIsNT;'iA E APPLICATION DISPOSITION .4PPROf'ED NOT.4PPROt ED PLAN CHECKED BY DATE Any deviation form the approved plan must be approved by this office.A copy of this plan must be maintained at the site during the event period. W U W Q O Fa- 0. w a. w m w � 0 w w ❑ w w W cn ❑ w z ❑ o �4 Q w > z a o } v Q .J z W z z o Q z a O "a � F r� w E- p c� 4 x v -v z o � C 4' u' W � QJ �a 0 w � O o � w a� w z � 4 z a ovc � o EVENT SITE MAP EVENT NAME DATE (S) ADDRESS LOCATION CITY OF VERNON ENVIRONMENTAL HEALTH TEMPORARY FOOD FACILITY VENDOR / BOOTH APPLICATION Event Name Date Vendor/Booth Name "rel. I y Mailing Address Person in Charge Profit of Non-Profit Sponsor Name MENU How served Made to Off site On Site FODD ITEM Order Prep Prep Describe Preparation Method Hot Cold Yes No Yes No Yes No **HONIE-PREPARED FOODS ARE NOT ALLOWED. If your organization does not have its own kitchen facility, you must obtain permission to use a kitchen facility which has been approved by the local Department of Environmental Health or obtain prepared foods from an approved source. For non-prolit/exempt businesses,non-perishable bakery items are exempted from this restriction. PLEASE INDICATE THE NAME LOCATION AND TELEPHONE OF SITE WHERE FOOD IS PREPARED OR PREPACKED OTHER THAN THE EVENT SITE Name of Establishment Telephone Address Operational Describe utensils to be used and utensil washing; facilities Describe Facilities for i keeping Food Hot or Cold TEMPORARY FOOD FACILITY VENDOR/ BOOTH APPLICATION Describe Safe methods to be used in transporting food Describe Garbage 1 Trash Disposal Describe Source of Potable Water Describe Wastewater Management Describe Booth materials Floors Walls Ceiling Opening { See attached handout for } booth construction) EXISTING PERMIT HOLDERS If you already have a valid'Temporary Food Facility Permit"issued by this department,please do the following: l. Make a photocopy of your Temporary Permit and give it to the event sponsor. 2. At the event,post your Temporary Event Health Permit. NON-PROFIT CHARITABLE ORGANIZATIONS I. Follow Instructions#1 -5 only.A permit fee is not required for certified non-profit organizations,but a late fee will be required if submitted less than 2 weeks before the event. 2. Submit proof of nonprofit status: IRS 501{c)(3). MOBIL FOOD VENDORS 1. Permitted mobile food vendors may participate in Temporary Events without additional permit. 2. Make photocopy of current permit and return it to the event sponsor. I declare under penalty of perjury that to the best of my knowledge and belief, the statements made herein are correct and true. I hereby consent to all necessary inspections made pursuant to law and incidental to the issuance of this permit and the operation of this business Signature Date Print Name Telephone APPLICATION DISPOSITION APPROI ED NOT APPROI ED PLAN CHECKED BY DATE Any deviation form the approved plan must be approved by this office.A copy of this plan must be maintained at the site during the event period. Health Code Requirements for Community Events in LA County AW+ AMP Applications for a Community Event may be obtained from your Environmental Health local district office or online at www.Dubllcheafth.lacouF&.aov/*h Environmental Health Division Los Angeles County Department of Public Health i Coumn of Los AHa&us www.nublichealth.lacounty.gov/eh Public Health Health Code Requirements for Community Events in LA County 1 INTRODUCTION Thank you for your interest in participating in a Community Event in Los Angeles County. This booklet was prepared to help food service operators and event organizers to operate in a safe and sanitary manner by complying with the requirements of the California Retail Food Code (Cal Code). Some food booth operators and event organizers may be exempt from County permit fees and/or the requirements of Cal Code. Please refer to the"Exemption Certification for Community Events'form. All event organizers and food booth operators who are not exempt from Cal Code are required to complete a community event application. The Exemption Certification for Community Events form and community event application forms are available on our website at www.publichealth.lacountv.4ov/eh and may be found in the Areas of Interest— Food. Completed applications should be submitted 30 days, but no less than two weeks prior to the event, to the Environmental Health local district office that has jurisdiction over the event. A list of offices and the areas they cover is available at www.publichealth,lo unty-govlehfD F!/districtOffices.htm. If you have any questions, contact your Environmental Health local district office or the Bureau of District Surveillance and Enforcement at(626) 430-5200. The Los Angeles County Department of Public Health hopes this guide will help you have a healthy and successful event. We look forward to helping you operate safely and in compliance with all requirements. DEFINITIONS Commissary—A facility that services mobile food facilities where any of the following occur: a) Food, containers, or supplies are stored. b) Food is prepared or prepackaged for sale or service at other locations. c) Utensils are cleaned. d) Liquid and solid wastes are disposed, or potable water is obtained. Community Event—A civic, political, public, or educational event, including state and county fairs, city festivals, circuses, and other public gatherings approved by this department. Examples include traveling circuses, street festivals, church carnivals, "taste or events, the temporary food facility section of a certified farmers' market, and other similar types of events that are open to the public. Event Organizer—The person, business, or entity responsible for the operation of the event and the facilities used by the public or shared by multiple food booths. Food Preparation—Cooking, packaging, assembling, portioning, chopping, slicing, or any operation that changes the form, flavor, or consistency of food. Members and Guests— Includes members of a church, private club, or other nonprofit organization. Guests mean people invited by a member to participate in a specific function. Nonprofit Charitable Temporary Food Facility—A food booth run by a charitable organization in compliance with the Nonprofit Corporation Law, as per Section 501(c) of the Internal Revenue Code and Section 23701d of the Revenue and Taxation Code. This type of booth may only operate three Environmental Health Division Los Angeles County Department of Public Health Cawr er�otA�w� ww�r,v.0ublichealth.laoourrt + gov/e 0K 6,.wo��wiw1 N.oM� Health Code Requirements for Community Events in lA County 1 consecutive days per event and no more than four events per year. Temporary Food Facility(TIFF)—A food booth, food cart or food truck approved by the Department of Public Health to operate at a fixed location within a Community Event. A TFF may only operate for a period not to exceed 25 consecutive or nonconsecutive days in any 90-day period. For the purposes of this guide, the term temporary food facility is used when referring to both temporary food booths and temporary vehicles. The term temporary food booth is used when identifying requirements specific to the construction of a food booth. Temporary Food Preparation Facility— Prepares and offers for sale non-prepackaged food. Examples include barbecued ribs, roasted corn, kettle corn, or fresh squeezed lemonade. Temporary Prepackaged Food Facility—Offers for sale only commercially prepackaged food and may offer prepackaged samples of food. Example, selling prepackaged foods such as nuts, candy, sodas, ice cream. Temporary Prepackaged Food Facility with Food Samples—Offers for sale only commercially prepackaged food, and serves unpackaged food without charge to the public to promote the sale of food. Example, selling prepackaged dips, and giving out open samples of dip and chips. FREQUENTLY ASKED QUESTIONS Does a community event need an event organizer? Yes, a community event must have an event organizer who is responsible for the operation of the event and the facilities used by the public or shared by temporary food facilities. The event organizer must apply and pay for an Event Organizer Permit and is responsible for ensuring that the event complies with community event requirements. My church/nonprofit organization has a pancake breakfast fundraiser once a month. Do we need a health permit? No, event organizer and food booth permits are not required if a church or non-profit organization has an event which is only open to members and guests of members and the event is held 3 days or less in a 90 day period. However, if the event is open to the public or lasts longer than 3 days, you must obtain an event organizer and temporary food facility permit and comply with community event requirements. Are there other events that do not need a health permit or where the fee is waived? Some temporary food facility operators and event organizers who participate in community events may be exempt from County permit fees and/or the requirements of the California Retail Food Code (Cal Code). Please refer to the`Exemption Certification for Community Events which can be found at www.publichealth.lacounty.gov/eh. Can my nonprofit association advertise our event in the newspaper without getting a health permit? No, an event advertised to the public with banners, flyers, newspaper articles, or radio/television announcements is a public event and requires permits. However, you can pass out Flyers to members and guests to remind them of an upcoming event. Environmental Health Division Los Angeles County Department of Public Health r 'i' Co�wr� As w��blichealth.lacounty-.goy/eh/eh .. 6m;n�w�.w1 Fi.oM Health Code Requirements for Community Events in LA County Does wine tasting need a permit? A permit is not required if the food booth is operated by a wine grower at an event organized by a non-profit organization. However, if a wine grower does not operate the food booth or the event is not organized by a non-profit organization, a permit is required. There will only be one food booth at a Community Event. Do we need permits for both the event organizer and the temporary food facility? No, if there is only one food booth operating at a community event, a permit for the event organizer is not required. However, the Event Organizer Application and the Temporary Food Facility Application must still be completed and approved. You will only be charged the food booth fee. I have a permitted food truck/cart. Do I need a separate permit to operate at a Community Event? No, if you have a current Los Angeles County Public Health Permit for your mobile food facility, you do not need a separate permit. You can operate at a community event as long as you follow normal operating requirements, however, the event organizer must include your cart or truck on their application and plot plan. Mobile food facilities that do not have a current Los Angeles County Public Health Permit, must obtain a permit as a temporary food facility to operate at a Community Event. Can I share a booth with another food operator and obtain one permit to lower our expenses? No, a permit is limited to one person, business, or organization. Each food operator is required to have their own permit to operate. The Department does not allow the consolidation of food operations or sharing a food booth for the purpose of obtaining a single permit. TEMPORARY FOOD FACILITY REQUIREMENTS HEALTH PERMIT Every temporary food facility that participates in a community event must have a valid Community Event/Seasonal Event Permit. The permit is only valid for the specified site, dates, and business or organization. Each permit is limited to one food facility operated by one owner. Two or more business or organization operating in a contiguous area may not combine their booths for the purpose of obtaining a single permit. The permit must be posted at the booth. To obtain a permit, submit a Community Event Temporary Food Facility Application 30 days prior to the event to the District Office that covers the event location. An expedited processing fee equal to the greater of$50.00 or 25 %of the permit fee will be assessed for an application submitted less than 14 calendar days prior to the start of the event. FOOD SAFETY REQUIREMENTS FOOD TEMPERATURES Potentially Hazardous Foods (PHF) such as meat, poultry, seafood, eggs, cooked vegetables, and dairy products including cheese and milk must be held at or below 45'F, or at or above 135'F, not to exceed 12 hours in any 24-hour period. Provide accurate thermometers to test food temperatures. • Dispose of all PHF held at 45'F or at or above 135'F at the end of the operating day. • Maintain food at the required temperature during transport to the temporary food facility. Environmental Health Division Los Angeles County Department of Public Health www. ublicheafth,lacoun ovleh Vrtm.RR61 Health Code Requirements for Community Events in LA County 4 COOKING TEMPERATURES Food must be cooked to the minimum required internal temperatures: • 165'F for 15 seconds for pointy, ground or flaked poultry, stuffed fah, skh%d meat, skdW poultry, and any food stuffed with fish, meat, or poultry. • 155'F for 15 seconds for eggs, ground meat or chopped meat (e.g., hamburgers or sausage). • 145-F for 15 seconds for fish and single pieces of meat inducting beef, veal, lamb, and pork. ADULTERATION Food must be maintained free from contamination. Food must be disposed of if contaminated. APPROVED FOOD SOURCE All food must come from an approved food facility. Food prepared or stored at home is prohibited. Sellers of certified agricultural products must possess a valid Certified Producer Certificate to be considered an approved source. Other food products must be processed or stored at a location regulated by an authority acceptable to the California Department of Public Health or Los Angeles County Environmental Health. Upon request by an inspector, a food vendor must provide verifications of approved food sources. Acceptable verifications can be receipts or a written agreement to use an approved facility. Examples of approved sources include facilities that possess: • A Food Registration from the State Food and Drug Branch (FDB) • A valid permit from a local environmental health agency • A federal inspection certificate • Agreement for Sharing of a Permitted Facility Note: Non-profit, charitable organizations may serve non-potentially hazardous baked goods that have been prepared in a private home. Examples include cookies, cakes, and muffins. LABELINGIDISCLOSURE Prepackaged food sold directly to the customer must be prepared and packaged at an approved food facility. Prepackaged food must be clearly labeled with the following information: 1. Name of the item, 2. Weight or volume of the package, 3. Ingredient list, and 4. The name and location of the manufacturer. PURE FOODIICE Ice used for drinks should be stored in approved containers separate from ice used for food storage and cooling. Ice must be protected from contamination at all times. FOOD PREPARATION Food preparation must take place within the temporary food facility, in an approved kitchen, or commissary permitted by Environmental Health. Cooking food on barbecues, grills, or other equipment approved for outdoor cooking is allowed. FOOD STORAGE/DISPLAY • All food must be stored or displayed in approved food grade containers with lids, display cases or protected by sneeze guards. • Provide separate coolers for raw meats and ready to eat foods. • During hours of operation, containers of unopened, non-potentially hazardous foods may be stored adjacent to the food booth. Environmental Health Division Los Angeles County Department of Public Health =008M www.pubiicheaith-lacounty-gov)eh I( Health Code Requirements for Community Events in LA County 4 When not in operation, protect the food from contamination by storing the food at a permitted food facility, inside a fully enclosed food booth, or in a lockable, vermin proof container. EMPLOYEE PRACTICES Employees are required to: • Wash their hands - o Immediately before engaging in food preparation. o After using the toilet facility. o As often as necessary to keep their hands clean and prevent cross contamination. • Limit bare hand contact with ready-to-eat food and should use suitable utensils such as deli paper, spatulas, tongs, single-use gloves, or dispensing equipment. • Wear gloves when contacting food or food contact surfaces when there are any cuts, bums, abrasions, artificial nails, nail polish, or a ring other than a plain wedding band. • Wear clean clothing. • Restrain hair with hat or other approved covering. • Not smoke near, outside, or within the food booth. • Not eat within the food booth. • No sick employees may work at the event, as they are a source of possible disease transmission. EQUIPMENT AND UTENSIL SANITIZING • Equipment and utensils must be cleaned and sanitized at least every 4 hours, when switching from raw animal products to cooked/ready to eat foods or at any time the utensil becomes contaminated. • Utensils should be cleaned and sanitized in the dish washing sink by washing in the first compartment, rinsing in the second compartment, and sanitizing in the third compartment with an approved sanitizer. • Provide a test kit to check the concentration of the sanitizer. Use sanitizer solutions at the appropriate strengths for the indicated time: o Chlorine(i.e. bleach) at 100 ppm for at least 30 seconds o Iodine at 25 ppm for at least 1 minute o Quaternary ammonium at 200 ppm for at least 1 minute DISH WASHING SINK(WARE WASHING SINK) If the event organizer does not provide dish washing sinks, each temporary food facility operator with open food is responsible for providing their own approved sink. Dish washing sinks must meet the following requirements: • Have three-compartments to wash, rinse, and sanitize utensils. • Have two drain boards, one for dirty utensils and one for clean utensils. • Have hot (120T)and odd mmwing water, overhead protection, and be connected to the sewer system or a holding tank. • Be stocked with detergent and chlorine bleach or other approved sanitizer to wash, rinse and sanitize equipment and utensils. • Have 25 gallons of potable water for each temporary food facility using the dish washing sink. Variances (must obtain prior approval from this department): • Up to four(4) additional temporary food facilities may share a dish washing sink if the additional food facilities use less than four(4) multi-use utensils each. • No dish washing sink is needed if only single-use disposable utensils are used for preparing or serving food and an adequate supply is maintained on site. Environmental Health Division Los Angeles County Department of Public Health cowsr of lox ANOWS www.oublichealth.laoounty.gov/eh 9 NKIW 1(Public N88111M Health Code Requirements for Community Events in LA County • For an event lasting less than four hours, a dish washing sink will not be required for each temporary food facility if: o At least one three-compartment sink is available, and o Temporary food facilities maintain a back-up supply of multi-use utensils. yr�.q FanYM Ix•��rw y r..�vs+..�f s+r�er Figure 2 DISH WASHING SINK ,r HAND WASHING FACILITIES Each temporary food facility is responsible for having a self- contained portable sink with 5 gallons of warm water(10017� - liquid soap, single use towels, and a trash container available. For events of three days or less a gravity-fed container(with a catch basin) that can provide a continuous stream of warm water(1007)may be used in place of a portable sink. Figure 1 GRAVITY FED HAND WASH SET UP APPROVED EQUIPMENT/UTENSILS AND STORAGE • All equipment and utensils should be commercial grade, in good repair, and clean. • Equipment 1 utensils must be stored at least 6 inches above the floor, on tables or shelving. FOOD BOOTH All food booths need to have overhead protection and a floor of concrete, asphalt, or wood. Food booths with open foods are required to: • Have four(4)walls of solid material or 16 mesh per square inch screen with pass through windows for customer service that are 216 square inches or less. Exception - If open food is limited to samples, walls are not required if samples are in covered containers. • Locate barbecues, grills, or other approved outdoor cooking equipment adjacent to the food booth and with a barrier to prevent public access. Do not locate outdoor cooking equipment under trees. • Be free from rodents, cockroaches, and flies Note: For events lasting less than four hours, artificial turf, canvas, or other similar materials may be used if properly secured and do not present a tripping hazard. Dirt and grass are not acceptable floor surfaces. Environmental Health Division Los Angeles County Department of Public Health =1" Nelfth www.Dublichealth.lacouniy.gov/eh I( Health Code Requirements for Community Events in LA County r Obey all local fire department regulations regarding cooking equipment and food booths. Figure 3 A FULLY ENCLOSED FOOD BOOTH FOR Figure 4 A SPLIT BOOTH WITH AN OPEN SERVICE FOOD PREPARATION AND SERVICE AREA AND AN ENCLOSED REAR AREA FOR FOOD PREPARATION AND PACKAGING The business name must be displayed at each booth in letters that are at least three (3) inches high. The name of the owner, city, state, and zip code must be clearly displayed. FOOD TRUCKS AND FOOD CARTS FOOD TRUCKS AND FOOD CARTS WITH A CURRENT LOS ANGELES COUNTY PERMIT • Permit posted on the truck or cart. • Carts not required to be inside a tent. • Food must be handled in compartments on the cart. • Food trucks operating at a Certified Farmers' Market may store, display, and sell food from a table adjacent to the vehicle. FOOD TRUCKS AND FOOD CARTS WITHOUT A CURRENT LOS ANGELES COUNTY PERMIT • Food truck and cart operators WITHOUT a current Los Angeles County Public Health Permit must apply as a temporary food facility and pay for a health permit. • Food trucks and carts participating more than one day in an event must provide information on maintaining required food temperatures and storage of equipment during periods of non- operation and where and how the food truck or cart will be serviced (disposing wastewater, obtaining potable water, etc.) during periods of non-operation. • Minimum requirements for dish washing, hand washing, maintaining food temperatures and food storage must be met as applicable. Equipment must be in working order. • A food truck or cart without a permit from Los Angeles County or another jurisdiction must provide a direct connection to an approved water supply that bypasses the holding tank. Liquid waste must be removed through an approved connection to the sewer system or by an approved sewage transport vehicle. • If direct connection to an approved water supply that bypasses the holding tank cannot be provided, the food truck or cart must utilize an external warewash and handwash sinks, and be subjected to the same warewash and handwash sinks requirements as that of a food booth. Environmental Health Division Los Angeles County Department of Public Health i �fvawauw-pUblichealth.laoounty-covleh 3 . :IIroM Health Code Requirements for Community Events in LA County i3 EVENT ORGANIZER REQUIREMENTS EVENT ORGANIZER PERMIT The event organizer and every temporary food facility that participates in a community event must have a valid Public Health Permit. The permit is only valid for the specified site and dates. The permit must be posted at the facility. To obtain a permit, submit a Community Event Organizer Application or a Community Event Temporary Food Facility Application 30 days prior to the event to the local District Office that covers the event location. An expedited processing fee equal to the greater of$50.00 or 25 percent of the permit fee will be assessed for any application submitted less than 14 calendar days prior to the start of the event. • The event organizer permit and your approved plot plan must be available at the event. • All food booths, food trucks, and food carts operating at the event must post their Public Health Permit. EVENT ORGANIZER RESPONSIBILITIES It is the event organizer's responsibility to verify that temporary food facilities have adequate hand washing sinks, dish washing sinks, and toilet facilities before the community event starts. Hand washing sinks inside of a mobile food facility MAY NOT be substituted for a hand washing sink required at a restroom facility. DISH WASHING SINKS It is the event organizer's responsibility to make sure the dish washing sinks meet the following requirements: • Temporary food facilities with open food have properly set up dish washing sinks prior to the start of the event. • Each dish washing sink has 25 gallons of potable water available for each temporary food facility using the sink. • No more than four(4) temporary food preparation facilities share a dish washing sink. • Sinks have hot (1207)and cold running water and an properly connec ked to dw sewer or holding tanks. Note: Food trucks and food carts that are not approved to store water in holding tanks and are unable to connect to a water supply must use event organizer provided dish washing sinks. HAND WASHING FACILITIES • See TEMPORARY FOOD FACILITY section for details. FOOD EMPLOYEE TOILET FACILITIES • One(1)toilet for each 15 food employees is located within 200 feet of each food booth, food truck or food cart. • One(1) hand washing sink with warm water(100'F), Nquid soap, single use kra4 s, and trash container for towel waste is available for every toilet. • A sign should be provided indicating "Employees Only." PUBLIC TOILET FACILITIES • Adequate toilet facilities(permanent or portable) are available for public use (See table below). • One hand washing sink is available for every four(4) toilets. Sinks are stocked with liquid soap, single use towels, and a trash container for towel waste. Environmental Health Division Los Angeles County Department of Public Health _www.nubl ichea lth.laco u nty.oovleh 6N:arwrrW FMdh Health Code Requirements for Community Events in LA County 9 Maximum Number of Hours for Event Expected 1 2 3 4 5 6 7 9 9 10 Daily AttendanceNumber of Toilets Needed e500 4 4 4 6 6 6 8 1 8 8 8 .500-1000 4 6 6 6 6 8 8 8 8 12 000 4 8 8 8 8 12 12 12 12 16 000 8 8 10 10 10 12 16 16 20 20 000 8 8 12 12 16 16 20 20 24 28 000 12 12 12 16 20 30 30 30 30 34 WATER SUPPLY • Protect potable water sources with a backflow protection device when required by applicable plumbing codes. • Use food grade hoses for connections. LIQUID WASTE • A sewage transport vehicle is available (on call)to service portable toilets and remove liquid waste from sinks with holding tanks. • Holding tanks must have a capacity 50% greater than the potable water tanks. TRASHIWASTE • Trash containers with plastic bag inserts are available adjacent to food booths and throughout the event as needed. • Trash containers are emptied and bags replaced on a regular basis to prevent a nuisance. ANIMALS • Animals are maintained at least 20 feet away from food booths(except service animals). • Animal waste from petting zoos or other animal attractions is removed on a daily basis and stored in a covered container. Thank you to Santa Barbara County Environmental Hearth for permission to use its food booth and sink illustrations. Environmental Health Division Los Angeles County Department of Public Health cubr.,,: www.oublichealth.lacouniy.gov/eh wsa I ` RECEIVED RECEIVED SEP 14 2016 -. i„ }' SEP 12 2016 C11Y CLERK'S OFFICE STAFF REPORT CITTI ADMINISTRATION CITY CLERK DEPARTMENT DATE: September 20, 2016 TO: Honorable Mayor and City Council FROM: Maria E. Ayala, City Clerk , Originator: Matthew Ceballos, Deputy City Clerk RE: A Resolution of the City Council of the City of Vernon adopting the Biennial Code Review Changes to the Master Conflict of Interest Code for the City of Vernon and all Agencies, Boards, and Commissions affiliated with the City. Recommendation A. Find that approval of the proposed action is exempt from California Environmental Quality Act("CEQA") review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Approve resolution adopting the changes to the Master Conflict of Interest Code for the City of Vernon and all affiliated agencies, boards and commissions,which incorporates all recommendations from the various affiliated City of Vernon governing bodies and City staff review effective immediately; and C. Repeals all other existing Conflict of Interest Codes for the City of Vernon and all other City of Vernon affiliated governing bodies. Background The Political Reform Act requires each local agency to adopt and update its Conflict of Interest Code ("Code") biennially. The Code must enumerate the positions "which involve the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest of that position." The Code must also specify the categories of financial disclosure that are required for each designated position. Each individual holding a position listed within the Code must file a "Statement of Economic Interest" (the "Form 700") and disclose his or her financial interests in the specified categories. The City, and its affiliated agencies, boards and commissions reviewed their conflict of interest codes in the manner prescribed by Government Code Sections 87302 (a) and 87303. Staff Page 1 of 2 recommends the approval of the proposed Master Conflict of Interest Code which incorporates the review and recommendations from City Staff, and City-affiliated agencies, boards, and commissions. All recommendations have been reviewed and approved by the Office of the City Attorney. Fiscal Impact There is no fiscal impact. Attachments Summary of Recommended Changes Draft Resolution Page 2 of 2 as w w v w w v m w a s > > > > > > > > > > > 0 0 0 0 0 0 0 0 0 0 0 -W a a a -a -0 -o -o E E E E E E E E E E E C a -0 -0 -0 -0 a -o a as w as w a w ai w v a, z a a a a a a' a ac cc cc cr cc oc ac ac ac m 41 i LD E O0 tm V V w co M co CO Cf) co cr) d N N N N N N N c Q � K V N N N N N N - - ; >, N co c a QU cu V c ro °' E a E cc d a ;; ro a o t rn 0 ~ co C a) N O` A c� ova 65 cn � � �o E «. rn cn a, as cn c E H 0 0 �, o 0 o Q 0 0 0 0 0 0 a c c C c c y_ U U Q U U > H N QC C - C C C d N O O 0 0 0 w E -.;-- o > E o E E .� E E E o D E o o 'a o 0 0 to m e `C Q c c c C)1 y C T Q O 7 > C O O Cl) O � U 7 C C U C fq U) C C O O f� N C H w CL H O a _ m _a f6 t4 4) L a° E E 22 o` o` `o `o o Q U o _ o U c c c C c C 0 0 0 0 0 0 16 m m ca m 0 0 i . .0 C _C Si C C C O E E E E E E E o w w ILUI a a a -o a _0�oQ ¢ aaa ¢ ¢ xs �s �a w o i3UV > > > > > > > RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING A MASTER CONFLICT OF INTEREST CODE FOR THE CITY OF VERNON AND ALL AGENCIES, BOARDS, AND COMMISSIONS AFFILIATED WITH THE CITY THAT INCORPORATES BY REFERENCE THE STANDARD MODEL CONFLICT OF INTEREST CODE OF THE FAIR POLITICAL PRACTICES COMMISSION AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH WHEREAS, on October 7, 2014 , the City Council of the City of Vernon adopted Resolution No. 2014-61 adopting a Master Conflict of Interest Code for the City of Vernon and all Agencies, Boards, and Commissions affiliated with the City that incorporates by reference the standard model conflict of interest code of the Fair Political Practices Commission; and WHEREAS, the Political Reform Act (Government Code Sections 81000, et sec . ) , requires state and local government agencies to adopt and promulgate conflict of interest codes for each department of the City; and WHEREAS, the Fair Political Practices Commission (the "FPPC" ) , has adopted a regulation (2 Cal . Code of Regulations Section 18730) , that contains the terms of a standard conflict of interest code and may be incorporated by reference as the City' s code; and WHEREAS, the standard conflict of interest code may be amended by the FPPC after public notice and hearing to conform to amendments in the Political Reform Act; and WHEREAS, Section 4 . 5 of the Charter of the City of Vernon provides that regulations pertaining to any subject or model codes may be adopted by reference, in their original form or with amendments; and WHEREAS, on January 21, 2014, the City Council of the City of Vernon adopted Resolution No. 2014-01, adopting by reference the terms of 2 Cal . Code of Regulations Section 18730 ; and WHEREAS, in accordance with Government Code Sections 87306 and 87306 . 5, the Master Conflict of Interest Code has been reviewed; and WHEREAS, the City Council of the City of Vernon has deleted, added and/or modified certain job titles and wishes to adopt a Master Conflict of Interest Code for the City of Vernon and all agencies, boards and commissions to reflect current positions for designated employees required to report financial interests under designated disclosure categories . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1 : The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2 : The City Council of the City of Vernon finds that this action is exempt from California Environmental Quality Act ( "CEQA" ) review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378 . SECTION 3 : Effective September 20 , 2016, the City Council of the City of Vernon hereby adopts the Master of Conflict of Interest Code, by reference, the terms of 2 Cal . Code of Regulations Section 18730, and any amendments to it duly adopted by the FPPC. That Regulation, along with Appendix No. 1, designating positions and establishing disclosure requirements, which is attached hereto and - 2 - incorporated by reference, shall constitute the Master Conflict of Interest Code of the City of Vernon. SECTION 4 : The following positions are not covered by this Master of Conflict of Interest Code because individuals holding these positions must file under Government Code Section 87200, and, therefore, are listed for informational purposes only: Mayor, City Administrator, City Attorney, City Treasurer, Chief Administrative Officer, City Council members, and other public officials who manage public investments . Individuals holding the above-listed positions may contact the FPPC for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The FPPC makes the final determination whether a position is covered by Government Code Section 87200 . SECTION 5 : The City Council of the City of Vernon hereby delegates the authority to carry out the duties of filing officer to the City Clerk or Deputy City Clerk, and individuals holding designated positions shall file their statements with the City Clerk or Deputy City Clerk, who will retain the statements and make the statements available for public inspection and reproduction pursuant to Government Code Section 81008 . SECTION 6 : All resolutions or parts of resolutions, specifically Resolution No. 2014-61, not consistent with or in conflict with this resolution are hereby repealed. - 3 - SECTION 7 : The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk' s, or Deputy City Clerk' s, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 20th day of September, 2016 . Name: Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROYP AS TO FORM: Bri un, Depiity City Attorney - 4 - STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) 1, 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, September 20, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of September, 2016, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 5 EXHIBIT A APPENDIX NO. 1 The positions listed below are designated positions in the City of Vernon. DESIGNATED POSITIONS DISCLOSURE CATEGORIES CITY OF VERNON: CITY ADMINISTRATION DEPARTMENT: Deputy City Administrator 1, 2, 3 Economic Development Manager _ 1, 2, 3 Purchasing Agent 1, 2, 3 Administrative Analyst 1, 2, 3 Information Technology Manager 1, 2, 3 Information Technology Analyst 1, 2, 3 Information Technology Analyst, Senior 1, 2, 3 Information Technology Technician 1, 2, 3 Information Technology Programmer/Analyst 1, 2, 3 CITY ATTORNEY DEPARTMENT: Deputy City Attorney 1, 2, 3 Deputy City Attorney, Senior 1, 2, 3 CITY CLERK DEPARTMENT: City Clerk 1, 2, 3 Deputy City Clerk 2, 3 FINANCE/TREASURER DEPARTMENT: Assistant Finance Director 1, 2, 3 Deputy City Treasurer 1, 2, 3 Purchasing Assistant 2, 3 Risk Manager 1, 2, 3 FIRE DEPARTMENT: Assistant Fire Chief 1, 2, 3 Fire Battalion Chief 1, 2, 3 Fire Chief 1, 2, 3 Fire Code Inspector 1, 2, 3 Fire Marshal 1, 2, 3 GAS AND ELECTRIC DEPARTMENT: Associate Electrical En ineer 2, 3 Associate Resource Scheduler 2, 3 Director of Gas and Electric 1, 2, 3 Electrical Engineer 2, 3 Electrical Resources Planning and Development Manager 1, 2, 3 1 Gas Systems Superintendent 1, 2, 3 Resource Planner 2, 3 Resource Scheduler 2, 3 Supervising Electrical Engineer 1, 2, 3 Telecommunications System Engineer 1, 2, 3 Utilities Compliance Manager 1, 2, 3 Utilities Dispatcher 2, 3 Utilities Engineering Manager 1, 2, 3 Utilities Operation Manager 1, 2, 3 HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT: Chief Deputy Director of Health & Environmental Control 1, 2, 3 Director of Health and Environmental Control 1, 2, 3 Environmental Specialist 2, 3 Environmental Specialist, Senior 1, 2, 3 HUMAN RESOURCES DEPARTMENT: Director of Human Resources 1, 2, 3 Human Resources Analyst 2, 3 Human Resources Analyst, Senior 1, 2, 3 POLICE DEPARTMENT: Police Captain 1, 2, 3 Police Chief 1, 2, 3 Police Lieutenant 1, 2, 3 PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES DEPARTMENT: Assistant Engineer 1, 2, 3 Assistant Planner 1, 2, 3 Associate Engineer 1, 2, 3 Building Inspector, Senior 1, 2, 3 Civil_Engineer 1, 2, 3 Deputy Director of Public Work, Water& Development Services 1, 2, 3 Director of Public Works,Water and Development Services 1, 2, 3 Electrical Inspector 1, 2, 3 Plumbing and Mechanical Inspector 1, 2, 3 Principal Civil Engineer 1, 2, 3 Project Engineer 1, 2, 3 Public Works and Water Foreman 1, 2, 3 Public Works and Water Superintendent 1, 2, 3 Public Works Foreman 1, 2, 3 Public Works Project Coordinator 1, 2, 3 Public Works Water Project Coordinator 1, 2, 3 Stormwater and Special Projects Analyst 1, 2, 3 2 ALL DEPARTMENTS: Consultants BUSINESS AND INDUSTRY COMMISSION: Chairperson 1, 6 Commission Member 1, 6 Consultants 1, 6 Executive Director 1, 6 Legal Counsel 1, 6 Secretary 1, 6 Vice Chairperson 1, 6 GREEN VERNON COMMISSION Chairperson _ 1, 6 Commission Counsel 1, 6 Commission Director 1, 6 Commission Member 1, 6 Consultants Secretary 1, 6 Vice Chairperson 1, 6 60m MENT AUTHORITY Chairperson 1, 6 Chairperson Pro Tern _ 1, 6 Consultants Director 1, 6 Executive Director _ 1, 6 Legal Counsel 1, 6 Treasurer 1, 6 VERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY: Board Member 1, 6 Chaiflp5rson 1, 6 Vice Chairperson 1, 6 SSOR AGENCY TO THE REDEVELOPMENT AGENCY _ Chai rson 11,16 6 Consultants Directors Executive Director 1, 6 Legal Counsel 1, 6 Treasurer 1, 6 Vice Chairperson 1, 6 3 VERNON CommUNITY FUND GRANT COMMITTEE Chairperson 1, 6 Committee Members 1, 6 Consultants _ 1, 6 Counsel 1, 6 Executive Director 1, 6 Secretary 1, 6 Treasurer 1, 6 Vice Chairperson 1, 6 ERNON HOUSING COMMISSION Chairperson 1,4, 5 Commission Counsel 1, 4 ,5 Commission Director 1 ,4, 5 Commissioner 1, 4, 5 Consultants Secretary _ 1, 4, 5 Treasurer 1, 2, 3 Vice Chairperson 1,4, 5 ERNO Chairperson 1, 6 Chairperson Pro Tern 1, 6 Chief Financial Officer 1, 6 Consultants * Directors 1, 6 *Consultants who fill a"designated position" must file in the same manner as a direct employee filling the same "designated position" would be required to file. With respect to consultants that do not fill a "designated position" listed herein, the City Administrator shall determine in writing if a particular consultant performs a range of duties requiring disclosure under this Code. The City Administrator's written determination shall include a description of the consultant's duties and a statement of the disclosure required. A copy of that determination shall be filed with the City Clerk and a copy forwarded to the City Council. 4 Disclosure Categories Individuals holding designated positions must report their interests according to the following corresponding disclosure categories to which their position has been assigned. Such individuals shall be required to disclose such interests to the extent that their economic interests may foreseeably be affected materially by any decision made or participated in by the individual by virtue of his or her position. I. All Vernon Real Property. All interests in real property within the City of Vernon, within two miles of the City, or within two miles of any City controlled property. Real property used primarily as the official's personal residence (such as a home or personal vacation home) need not be disclosed. 2. All Vernon Investments. All investments and business positions from sources located in, doing business in, or planning to do business in the City of Vernon. 3. All Vernon Income and Gifts. All income, including loans, gifts and travel payments, from sources located in, doing business in, or planning to do business in the City of Vernon. 4. Vernon Housing Investments. Investments or business positions in sources which provide services, goods, supplies, materials, equipment or machinery of the type utilized for City of Vernon controlled housing. 5. Vernon Housing Related Income and Gifts. Income, including loans, gifts and travel payments, from sources which: a. Have an interest in residential property in the City, within two miles of the City, or within two miles of residential property controlled by the City; or b. Provide services, goods, supplies, materials, equipment or machinery of the type utilized for City of Vernon controlled housing. 6. Board Members. All investments, business positions and sources of income (including loans, gifts and travel payments) which are subject to the authority and/or subject matter jurisdiction of the Board, Agency, Authority, Committee, or Commission on which the member serves. 5 CITY OF VERNON et. al. CONFLICT OF INTEREST CODE The Political Reform Act of 1974, as amended (Government Code Sections 81000,et seq.), requires state and local government agencies to adopt conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code which may be incorporated by reference and which may be amended by the Fair Political Practices Commission after public notice and hearing to conform to amendments of the Political Reform Act. The terms of the standard conflict of interest code in 2 California Code of Regulations Section 18730 and any amendments thereto, along with Appendix A and Appendix B in which officials and employees are designated and disclosure categories are established, are hereby incorporated by reference and shall constitute the Conflict of Interest Code. Members of the governing body shall not be financially interested in any contract made by the governing body or in any contract they make in their capacity as members of their respective governing body as provided in Government Code Sections 1090, et seq. A member shall not be considered to be financially interested in a contract if his or her interest is included within a legally recognized exception. 6