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20170516 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. **** Please note Special Meeting Start Time of 7:30 a.m. **** Agenda City of Vernon OF wE� Regular City Council Meeting -ask * .�, Tuesday, May 16, 2017, 7:30 a.m. City Hall, Council Chamber 4305 Santa Fe Avenue y Vernon, California 1905 �tG DE6 g'4� Melissa Ybarra,Mayor s*#t'Xtr sr+ao Yvette Woodruff-Perez,Mayor Pro-Tem William J. Davis, Council Member Luz Martinez, 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. BUDGET STUDY SESSION 1. Review of proposed budgets for fiscal year 2017-2018 for the following departments: A. City Administration Department B. City Attorney Department C. Fire Department Regular City Council Meeting Agenda May 16, 2017 D. Police Department E. Public Utilities Department F. Public Works Department PRESENTATIONS 2. Service Pin Awards for April 2017 Presented by: Michael Earl, Human Resources Director NAME DEPARTMENT TITLE YEARS Richard Villegas Police Police Officer 15 3. Drug Abuse Resistance Education Program Essay Awards Presented by: Daniel Calleros, Vernon Police Chief 4. California Highway Patrol(CHP) '11085111 Grand Theft Auto Recovery Award Presented by: Daniel Calleros, Vernon Police Chief 5. Swear-In Ceremony for newly appointed Police Captain Presented by: Daniel Calleros, Vernon Police Chief 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 6. None Warrant Registers 7. Ratification of the following City Warrant Register to record the following voided checks: A. City Warrant Register No. 1460 to record voided Check No. 352845 in the amount of$8.00; and B. City Warrant Register No. 1463 to record voided Check No. 353272 in the amount of$9.20; and C. City Warrant Register No. 1463 to record voided Check No. 353295 in the amount of$9.20; and D. City Warrant Register No. 1471 to record voided Check No. 354458 in the amount of$23.52. Page 2 of 7 Regular City Council Meeting Agenda May 16, 2017 8. Approval of City Payroll Warrant Register No. 731, totaling $3,158,819.29, which covers the period of April 1 through April 30, 2017 and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,142,017.05; and B. Checks and electronic fund transfers (EFT) totaling $1,016,802.24. 9. Approval of City Warrant Register No. 1472, totaling $2,200,954.81, which covers the period of April 25 through May 8, 2017, and consists of the following: A. Ratification of wire transfers totaling $966,864.29; and B. Ratification of the issuance of early checks totaling $1,113,090.44; and C. Authorization to issue pending checks totaling $121,000.08;and D. Voided check No 354530 totaling $113.35. 10. Approval of Light & Power Warrant Register No. 437, totaling $1,691,539.86, which covers the period of April 25 through May 8, 2017, and consists of the following: A. Ratification of wire transfers totaling $1,648,323.74; and B. Ratification of the issuance of early checks totaling $33,592.40; and C. Authorization to issue pending checks totaling $9,714.72. 11. Approval of Gas Warrant Register No. 225, totaling $1,295,341.45, which covers the period of April 25 through May 8, 2017, and consists of the following: A. Ratification of wire transfers totaling $1,273,820.97; and B. Ratification of the issuance of early checks totaling $13,230.56; and C. Authorization to issue pending checks totaling $8,289.92 City Administration Department 12. Informational Report Regarding Establishment of New Agreement with Century 21 Allstars and Luther Sanchez to Serve as the City's Real Estate Agent for the Sale of Two Residential Huntington Park Properties Recommendation: A. Find that the establishment of a new agreement with Century 21 Allstars and Luther Sanchez to serve as the City's real estate agent for the sale of residential property owned by the City is exempt from the California Environmental Quality Act ("CEQA") because it is a government fiscal Page 3 of 7 Regular City Council Meeting Agenda May 16, 2017 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 action were a "project", it would be exempt from CEQA review 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. Receive and file this report, as it is for informational purposes and does not require action by the City Council. All terms and conditions of each sale of residential property owned by the City will be subject to final approval by the City Council. Fire Department 13. Activity Report for the period of April 16 through April 30, 2017 Health and Environmental Control Department 14. April 2017 Monthly Report Police Department 15. Activity Log and Statistical Summary of Arrests and Activities for the period of April 16 through April 30, 2017, to be received and filed Public Utilities Department 16. Report on Renewable Energy Credits Procurement Recommendation: A. Receive and file report, as it is being provided for informational purposes only. Public Works Department 17. Building Department Report for the Month of April 2017 18. Acceptance of Electrical Easement at 5370 Boyle Avenue (APN 6310-008-019) 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 Page 4 of 7 Regular City Council Meeting Agenda May 16, 2017 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. 19. Contract Award for City Contract No. CS-0821: City Hall Roof Replacement Recommendation: A. Find that the approval of the proposed action is exempt from California Environmental Quality Act("CEQA") review,pursuant to CEQA Guidelines sections 15301 (i.e., maintenance, repair or minor alteration of an existing structure, involving negligible or no expansion of existing use) and 15302 (i.e., replacement or reconstruction of existing structures and facilities where new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced); and B. Accept the bid from Best Contracting Services, Inc. as the lowest responsive and responsible bidder and reject all other bids; and C. Approve and authorize the City Administrator to execute a contract in an amount not to exceed$94,179 for the City Hall Roof Replacement(CS-0821); and D. Authorize a contingency of$9,400 in the event of an unexpected changed condition in the project and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount. ORDINANCE 20. An Ordinance of the City Council of the City of Vernon (1) adding Section 2.49, renumbering all subsequent sections in Article VIII of Chapter 2 of the Vernon Municipal Code accordingly and amending other sections therein relating to separate utility funds; (2) amending Section 24.60 of Article IX of Chapter 24 of the Vernon Municipal Code relating to adoption of the most recent version of the California Existing Building Code; (3) amending Section 24.64 of Article IX of Chapter 24 of the Vernon Municipal Code relating to adoption of Chapter A2 and A5 of the most recent version of the International Existing Building Code;(4)amending Section 26.4.1-8 of Article IV of Chapter 26 of the Vernon Municipal Code relating to Site Planning Standards; (5) amending Section 26.9.3 of Article IX of Chapter 26 of the Vernon Municipal Code relating to General Conditions of off-site outdoor advertising structures adiacent to and intended to be viewed from the I-710 Freeway; and (6) repealing all ordinances or parts of ordinances in conflict therewith (second reading) Recommendation: A. Find that the proposed action is exempt under the California Environmental Quality Act("CEQA") review,because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment,and therefore does not constitute a"project" as defined by CEQA Guidelines section 15378; and Page 5 of 7 Regular City Council Meeting Agenda May 16, 2017 B. Approve the second reading, and adopt an ordinance amending various sections within Chapters 2, 24, and 26 of the Vernon Municipal Code ("VMC") to update regulations on: (1) Segregated Utility Funds; (2)Building Setback Requirements; and(3) Outdoor Advertising Adjacent to the I- 710 Freeway. NEW BUSINESS City Clerk Department 21. A Resolution of the City Council of the City of Vernon updating City Council Members' appointments to various Agencies and/or Committees Recommendation: A. Find that approval of the proposed Resolution updating the City Council appointments does not constitute a "project" pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act("CEQA"), because it constitutes an administrative activity; and even if the adoption of the proposed resolution did constitute a project, it would be exempt from 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. Appoint Council Members as delegate(s) and alternate(s), as well as some key staff as either delegate(s) and/or alternate(s) to the following boards of various agencies and/or committees as listed on the Staff Report; and C. Adopt a Resolution of the City Council of the City of Vernon designating and appointing its representatives and alternates to the boards of various agencies and/or committees; and D. Authorize the City Clerk to complete California Form 806, Agency Report of: Public Official Appointments, and post in accordance with state laws and/or regulations. Health and Environmental Control Department 22. A Resolution of the City Council of the City of Vernon approving and authorizing the submittal of application(s) for the CalRecycle Used Oil Payment Program and the Beverage Container Recycling City/County payment program and related authorizations for which the City of Vernon is eligible Recommendation: A. Find that approval of the request for authority to receive and spend payment program funds in this staff report is exempt from the California Environmental Quality Act ("CEQA"), pursuant to CEQA Guidelines sections 15308 (actions taken to protect the environment), 15323 (normal Page 6 of 7 Regular City Council Meeting Agenda May 16, 2017 operations of public facilities)and 15061(b)(3),the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Adopt a resolution requesting approval and authority to receive and spend payment program funds from CalRecycle. Public Utilities Department 23. Approval of Additional Fund Allocation for OneSource Distributors,LLC Purchase Contract LP- 0278 Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review because the additional fund allocation 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. As to the metalclad switchgear retrofit, the proposed action is exempt from CEQA review, in accordance with CEQA Guidelines § 15302, because the proposed project consists of the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced; and B. Authorize the City Administrator to approve additional fund allocation for Purchase Contract No. LP-0278 with OneSource Distributors, LLC to procure additional parts for the City Hall Maisano Substation Metalclad Switchgear Retrofit, in an amount not-to-exceed $3,690.70; thereby increasing the total purchase contract amount to $101,481.86. ORAL REPORTS 24. City Administrator Reports — brief reports on activities and other brief announcements by the City Administrator and Department Heads. 25. City Council Reports —brief AB1234 reports, or report on: activities, announcements, or directives to staff. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted 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 1 lth day of May 2017. By: Maria E. Ayala City Clerk Page 7 of 7 RECEIVED RECEIVED aY 0 2m�M MAY 1� 0 2097 - C11Y CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION HUMAN RESOURCES DEPARTMENT f1�Q DATE: May 16, 2017 TO: Honorable Mayor and City Council FROM: Michael A. Earl, Director of Human Resources� ' Originator: Veronica Avendano, Administrative Secr etary RE: Service Pin Awards for April 2017 Recommendation A. City Council to present service pins to those employees hired in April. Background Submitted herewith is a list of employees who are eligible to receive their service pin based on the number of service years with the City of Vernon. Fiscal Im act None. Attachment(s) 1. April 2017 Service Pin employee list. Page 1 of 1 017 SERVICE PIN LIST APRIL ANNIVERSARY EMPLOYEE'S NAME DEPARTMENT TITLE D.O.H YEARS Richard Villegas Police Police Officer 4/8/2002 15 RE 7 WED MAY 0 3 2017 ,F IM RECEIVED CITY CLERK'S OFFICE APR 2 7 2017 STAFF REPORT ITV A0f4IN1,STRA pj VERNON POLICE DEPARTMENT «� DATE: May 16,2017 TO: Honorable Mayor and City Council FROM: Daniel Calleros, Police Chief 0 L RE: Drug Abuse Resistance Education Program Essay Awards Recommendation It is recommended that the City Council present the annual Drug Abuse Resistance Education (D.A.R.E.) essay awards for students of Vernon Elementary School. Background The Vernon Police Department (VPD)has completed the annual D.A.R.E. program for the fifth grade students of Vernon Elementary School. The program is a highly acclaimed program that provides children with the skills they need to avoid involvement in drugs, gangs, and violence. D.A.R.E. is a police officer-led series of classroom lessons that teaches children from kindergarten through 12th grade, how to resist peer pressure and live productive drug and violence free lives. In addition to classroom lessons, students take part in an essay contest. An essay committee reviewed the submitted essays and selected the top three candidates. The VPD would like to honor the top candidates and present them with a recognition plaque. Fiscal Impact Funds for the D.A.R.E recognition plaques have been included in FY 2016-2017 budget. Attachment(s) None RECEIVED MAY 10 ZO 17 MAY 0 9 2017 CITY CLERK'S OFFICE ['IiY A�i�ii'�15TRATiOili STAFF REPORT VERNON POLICE DEPARTMENT DATE: May 16, 2017 TO: Honorable Mayor and Council Members FROM: Daniel Calleros, Chief of Police 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 CHP"10851"Grand Theft Auto Recovery Award. Backp-round 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 CUP 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. This period Vernon Police Sergeant Jerry Chavez and Police Officer Fernando Valenzuela have achieved this benchmark. This is the first award attained by Sergeant Jerry Chavez and the 10ffi award accomplished by Officer Valenzuela. Both Sgt. Chavez and Officer Valenzuela are very proactive in auto theft investigations and have done great job combating auto theft crimes in our community. 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 *N�� -W RECEIVEDDECEIVE® MAY 0 2 2017 qpR 2 5 LY CITY CLERK'S OFFICE STAFF REPORT E;ITv A4)MINISTRATION VERNON POLICE DEPARTMENT _ZL DATE: May 16, 2017 TO: Honorable Mayor and City Council FROM: Daniel Calleros, Police Chief 06 RE: Presentation - Swear-In Ceremony Recommendation It is recommended that the City Council instruct the City Clerk to administer the Oath of Office required by Article XX, Section 3 of the Constitution of the State of California for the appointed Police Captain. Background Due to the upcoming retirement of Police Captain Michael Gillman, the Police Department conducted a recruitment process to fill the vacancy. Based on a review of the qualifications of eligible candidates as well as an interview, it was determined that Robert Sousa is the best qualified candidate for the position of Police Captain. Fiscal Impact There is no fiscal impact to the City general budget as there are sufficient funds for this position in the 2016-2017 police budget. Attachments) None Page 1 of 1 RECEIVED � f MAY 10 2011 �°��.�w,�4°• RECEIVED CITY CLERK'S OFFICE STAFF REPORT MAY ° 9 2cy FINANCE/TREASURY DEPARTMENT CITY ADMINISTRATION DATE: May 09, 2017 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director y�` RE: Ratification of the City Warrant Registers for City Council Agenda of May 16, 2017 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 May 16, 2017. 1. City Warrant Register No. 1460 to record voided Check No. 352845 in the amount of$8.00 issued 11/03/16 to Stevenson Jr, Kent. 2. City Warrant Register No. 1463 to record voided Check No. 353272 in the amount of $9.20 issued 12/20/16 to Aceves, Stephanie. 3. City Warrant Register No. 1463 to record voided Check No. 353295 in the amount of$9.20 issued 12/20/16 to Swinford, Ana. 4. City Warrant Register No. 1471 to record voided Check No. 354458 in the amount of $23.52 issued 04/20/17 to Landa, Rafael. CITY OF VERNON ACCOUNTS PAYABLE CHECK NO 352845 WWI=&No~ P.D.NI.SR0S �� 'u cosco r NJrJN1 092616 09/28/2016 EXPENSE ALLOWANCE 0.00 8 00 1► � ts � ►�a Re-'a SSue as �� u M 00 T-DEN Kjohj -.L. 8.00 PLEASE DETACH BEFORE DEPOSITING FMA&Z THROU&e City Of Vernon EA@T v1lef SAW o S 4305 Santa Fe Ave ao3MMA01080 CA NR km r . Vemon,CA W058 (323)583$811 DATE CHE- IKAMOIJKT 000318 11l0M016 352845 3 00 PAY Eight Dollars and No Cents TO THE STEVENSON JR, KENT NON-NEGOTIABLE ORDER 28367 STANSFIELD LANE OF SAUGUS, CA91350 VON-NEGOTIABLE COPY COPY COPY WY 09 VERNON ACCOUNTS PAYABLE CHECK NO 353272 . Gbitih.dlT 05241N3) 05124l2016 REPLACE CHECK NO.351512 0.04 9.20 W�, I1-b3 Oil to l� 0 � o ON I Ey - p�V � vS �� K 'J,L• B.2i� PLEASE DETACH BEFORE DEPOSITING w00A ETHRO y, C of Vernon EAW weeT B W a 43005 Santa Fe Ave oSAMWAPIMO CA oan � Vemon.CA 90058 (323)583-8811 IarEWR DATE. ��11■M-"_ _ i 7 4 5 8 112J20120151 353272 9.20 PAY Nine Dollars and Twenty Cents TO THE ACEVES, STEPHANIE NON-NEGOTIABLE ORDER OF NON-NEGOTIABLE C0P'-� COPY COPY COPY COPY CrrYOF VERP M ACCOUNTS PAYABLE CHECK NO. 353295 R O NUMBER ANDWr 052416(2) 06/23=16 REPLACE CHECK NO.351527 0-00 9.20 IN 1463 1�QM 4t 11 -7,L- 9.20 PLEASE DETACH BEFORE DEPOSITING l P07ALE RAOI,a+ a+...,� City of VernonE��4MAK •• MUNTMTM CR.ao aoa+ + - 4305 Santa Fe Ave uR wiaa CA9770M :. 7 Vernon.CA 90058 Cg7g CHECKA?�IpUNT (323)583-9811 i,,,, ■ 001222 12/20/2016 353295 2? PAY Nine Dollars and Twenty Cents TO THE SWINFORD,ANA NON-NEGOTIABLE ORDER 16033 LEFFINGWELL OF WHITTLER, CA90603 NON-NEGOTIABLE COP' COPY COPY CITY OF VERNON ACCOUNTS PAYABLE CHECK No 354458 INVOICE NUMBER UATE P O NUMBER DESCRIPTION DMCdJNT AMOUNT 040617 04/06/2017 EXPENSE ALLOWANCE 000 2352 W R 1q1 1 051cv, 17 o ID No iSSuQ, UI In1 EDtN =k-I 3'L• 2352 PLEASE DETACH BEFORE DEPOSITING PArAAE M ROUGH i0. City of Vemon EAST WIMgT BAM"M �oMwfAM"GTONOR 2MOFLCKIR 1IF-70 4305 Santa Fe Ave W.MK MIMMp CAVT?06 MAI Vemon.CA 90058 VII (323)583-8811 oA7E NM R CN x+4hfdGNT ;. 003701 OW2012017 354458 23.52 PAY Twenty Three Dollars and Fifty Two Cents a TO THE LANDA, RAFAEL - ORDER 29136 ROCKY POINT COURT OF MENIFEE, CA 92582 i 1190 3 51. 4 58u■ 1: 3 2 20 7❑ 38 0: 80 3 6 2 78 30 RECEIVED MAY 10 2017 � r � '�� RECEIVED CITY CI.ERK'S OFFICE . . MAY p g 2017 STAFF REPORT C TVADMiMISTRArroN FINANCE/TREASURY DEPARTMENT 57-1-11 DATE: May 9, 2017 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director RE: City Payroll Warrant Register for City Council Agenda of May 16, 2017 It is recommended that the attached Payroll Warrant Register No. 731 be approved at the City Council meeting of May 16, 2017 Payroll Warrant Register No. 731 totals $3,158,819.29, and covers claims and demands presented for April 1, 2017 to April 30, 2017, drawn from East West Bank, Payroll Account. The following list details the components of Payroll Warrant Register No. 731: 1. Ratification of direct deposits, checks and taxes totaling $2,142,017.05; and 2. Checks and electronic fund transfers (EFT) paid through General bank account totaling 1,018,802.24 Raquel Franco 1 5/912017 7:41 AM PAYROLL WARRANT REGISTER City of Vernon No. 731 Month of April 2017 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 PayroN Warrant Register Memo Warrant Payrolls reported for the month of April: 03/19/17-04/01/17, Paydate 04/13/17 03/19/17-04/01117, Paydate 04/13//17 04/02/17-04/15/17, Paydate 04/27/17 Payment Method Date Payment Description Amount Checks 04/13/17 Net payroll, checks $ 24,165.97 ACH 04/13/17 Net payroll, direct deposits 783,666.94 ACH 04/13/17 Payroll taxes 233,940.17 ACH 04/13/17 Net payroll, direct deposits 412.80 Checks 04/13/17 Payroll taxes 212.73 ACH 04/27/17 Net payroll, checks 32,316.85 ACH 04/27/17 Net payroll, direct deposits 811,970.20 Checks 04/27/17 Payroll taxes 255.331.39 Total net payroll and payroll taxes 2,142,017.05 ACH 04/13/17 iCMA 38,447.95 ACH 04/13/17 CalPERS 445,581.03 ACH 04/13/17 California State Disbursement Unit 1,939.92 354408 04/13/17 Sandra Bingman 2,000.00 354416 04/13/17 Franchise Tax Boad 1,359.03 354422 04/13/17 IBEW Dues 3,504.41 354437 04/13/17 Vernon Firemen's Association 3,272.00 354438 04/13/17 Vemon Police Officers' Benefit Association 1,887.60 ACH 04/27/17 ICMA 42,074.42 ACH 04/27/17 CalPERS 463,877.33 ACH 04/27/17 California State Disbursement Unit 1,939.92 354540 04/27/17 Sandra Bingman 2,000.00 354546 04/27/17 Franchise Tax Boad 1,359.03 354553 04/27/17 Teamsters Local 911 2,400.00 354558 04/27/17 Vernon Firemen's Association 3.272.00 354559 04/27/17 Vernon Police Officers'Benefit Association 1.887.60 Payroll related disbursements, paid through General bank account 1,016,802.24 Total net payroll,taxes, and related disbursements $ 3,158,819.29 Page Id1 f ti" V RECEIVED 4 MAY 10 2017 RECEIVED�`'��_��'� CITY CLERK'S OFFICE STAFF REPORT MAY 9 9 20,7 CITY FINANCE/TREASURY DEPARTMENT ADMINISTRATION DATE: May 9, 2017 TO: Honorable Mayor and City Council -4f FROM: William Fox, Finance Director N' RE: City Warrant Register for City Council Agenda of May 16, 2017 It is recommended that the attached City Warrant Register No. 1472 be approved at the City Council meeting of May 16, 2017. City Warrant Register No. 1472 totals $2,200,954.81, and covers claims and demands presented during the period of April 25 through May 08, 2017, drawn, or to be drawn, from East West Bank. The following list details the components of City Warrant Register No. 1472: 1. Ratification of wire transfers totaling $966,864.29; 2. Ratification of the issuance of early checks totaling $1,113,090.44; and 3. Authorization to issue pending checks totaiing $121,000.08. 4. Voided check No. 354530 totaling $113.35. Y �y4F•i; x CITY OF VERNON f• WARRANT REGISTER NO. 1472 MAY 16, 2017 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: 354530 William Fox Finance Director Date: Printed:5/9/2017 7:51 18AM Page 2 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.Q.# ISSUED NUMBER AMOUNT STATE BOARD OF EQUALIZATION 011.200250 650.47 Fund 011 - 1 Q17 Pmt 033117 1585 011.150199 56.53 Fund 056- 1 Q17 Pmt 033117 1585 011.150199 7.20 Fund 060- 1Q17 Pmt 033117 1585 011.1004.466900 -0.20 Fund 011 - 1Q17 Rounding Adjustment 033117 1585 04/28/2017 71400 US BANK CORPORATE 011.1060.596550 175.00 Seminar 1 Conf. 032217 1586 011.1026.596700 575.00 Seminar 1 Conf. 032217(10) 1586 011.1026.596900 500.00 Employee Recognition Deposit 032217(10) 1586 011.1033.596500 700.00 Seminar 1 Conf. 032217(11) 1586 011,1031.596700 -99.00 Office Services 032217(12) 1586 011.4031.520000 253.00 Office Services 032217(12) 1586 011.5031.596600 260.80 Office Supplies 032217(12) 1586 011.1031.596700 998,00 Seminar lConf. 032217(12) 1586 011.5031.596550 45.00 Seminar 1 Conf. 032217(12) 1586 011.5031.560000 225.00 Seminar lConf. 032217(12) 1586 011.1031.550000 10.88 Wholesale Trade 032217(12) 1586 011.1031.540000 212.07 Wholesale Trade 032217(12) 1586 011.5031.520000 69.16 Supplies 032217(12) 1586 011.4031.520000 300.95 Supplies 032217(12) 1586 011.1031.596700 349.31 Employee Development&Training 032217(12) 1586 011.1031.540000 614.34 Uniforms 032217(12) 1586 011.1031.596700 175.00 Business Expense 032217(12) 1586 011.1002.596500 498.88 Airline 032217(13) 1586 Printed:5/9/2017 7:51:18AM Page 3 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P,O_# ISSUED NUMBER AMOUNT US BANK CORPORATE 011.1002.596500 1,460.34 Hotels 032217(13) 1586 0111002.596500 167.00 Vehicle Expense 032217(13) 1586 011.1002.596500 215.92 Travel Expense 032217(13) 1586 011.1002.520000 167.64 Office Supplies 032217(14) 1586 011.1001.596500 1,200.00 Seminar 1 Conf. 032217(14) 1586 011.1004.596500 196.28 Hotels 032217(15) 1586 011.1004.596550 110.00 Seminar I Conf. 032217(15) 1586 011.1004.596500 60.00 Vehicle Expense 032217(15) 1586 011.1004.596500 68.76 Travel Expense 032217(15) 1586 011.1004.596700 465.25 Business Expense 032217(15) 1586 011.1025.596905 112.72 Meals I Interview Panel 032217(16) 1586 011.1033.510000 531.17 Office Supplies 032217(17) 1586 011.1033.510000 315.85 IT Software 032217(17) 1586 011.1033.520000 367.07 Uniforms 032217(17) 1586 011.1033.510000 -205.32 Refund 032217(17) 1586 011.1036.560000 69.98 Business Expense 032217(17) 1586 011.1049.520000 249.66 Hardware Supply 032217(18) 1586 011.1049.520000 494.62 Wholesale Trade 032217(18) 1586 011.1049.520000 1,421.44 Office Supplies 032217(19) 1586 011.1043.520000 112.58 Hardware Supply 032217(2) 1586 011.1049.520000 43.89 Hardware Supply 032217(20) 1586 011.1049.520000 1,330.27 Wholesale Trade 032217(20) 1586 011.1049.520000 1,364.57 Supplies 032217(20) 1586 Printed:5/9/2017 7:51.18AM Pape 4 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT US BANK CORPORATE 011.1049.520000 102.26 Building Services 032217(20) 1586 011.1033.520000 148.00 Supplies 032217(21) 1586 011.1060.596550 893.00 Seminar I Conf. 032217(22) 1586 011.1060.596700 200.00 Seminar I Conf. 032217(22) 1586 011.1060.520000 29.91 Meals 032217(22) 1586 011.1060.520000 134.95 Supplies 032217(22) 1586 011.1060.596550 95.00 Membership Dues 032217(22) 1586 011.1060.596700 100.00 Membership Dues 032217(22) 1586 011.1016.596550 260.00 Membership Dues 032217(23) 1586 011.1041.520000 64.31 Supplies 032217(24) 1586 011.1024.596500 12.00 Vehicle Expense 032217(25) 1586 011.1024.596700 498.00 Seminar/Conf. 032217(26) 1586 011.1031.570000 65.52 Vehicle Expense 032217(27) 1586 011.1033.520000 172.33 Office Supplies 032217(28) 1586 011.1024.510000 3.93 Office Supplies 032217(29) 1586 011.1024.510000 30.00 Medical 032217(29) 1586 011.1043.520000 235.74 Wholesale Trade 032217(3) 1586 011.1033.596500 678.00 Airline 032217(30) 1586 011.1036.560000 2,194.31 Wholesale Trade 032217(30) 1586 011.1036.520000 307.65 Wholesale Trade 032217(30) 1586 011.1031.570000 -4.31 Refund 032217(30) 1586 011.1031.570000 31.45 Vehicle Expense 032217(31) 1586 011.1041.596700 390.00 Office Services 032217(32) 1586 Printed:502017 7:51:18AM Page 5 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.Q.# ISSUED NUMBER AMOUNT US BANK CORPORATE 011.1043.596700 155.00 Business Expense 032217(32) 1586 011.1031.550000 992.30 Wholesale Trade 032217(33) 1586 011.1031.520000 423.59 Wholesale Trade 032217(33) 1586 011.1031.520000 i81.24 Supplies 032217(33) 1586 011,1026.596900 63.07 Wholesale Trade 032217(34) 1586 011.9019.596500 290.52 Hotels 032217(35) 1586 011.9019.520010 15.85 Office Services 032217(35) 1586 011.9019.520010 11.95 Office Services 032217(35) 1586 011.9019.520010 26.00 Office Services 032217(35) 1586 011.9019.520010 81.58 Office Supplies 032217(35) 1586 011.9019.520010 953.65 Office Supplies 032217(35) 1586 011.9019.520010 135.69 Office Supplies 032217(35) 1586 011.9019.520010 250.01 Office Supplies 032217(35) 1586 011.9019.520010 30.00 Wholesale Trade 032217(35) 1586 011.9019.596600 57.39 Wholesale Trade 032217(35) 1586 011.9019.596700 101.15 IT Software 032217(35) 1586 011.1031.570000 133.46 Vehicle Expense 032217(36) 1586 011.1043.520000 8.67 Hardware Supply 032217(37) 1586 011.1031.570000 19.95 Vehicle Expense 032217(38) 1586 011,1031.594200 52.00 Pet Day Care 032217(38) 1586 011.1031.520000 175.50 Pet Supplies 032217(38) 1586 020.1084.520000 184.12 Hardware Supply 032217(39) 1586 011.1049,520000 547.31 Hardware Supply 032217(4) 1586 Printed:W912017 7:51:18AM Page 6 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 WIRF-S ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT US BANK CORPORATE 011.1048.520000 748.94 Hardware Supply 032217(4) 1586 011.1049.520000 46.10 Wholesale Trade 032217(4) 1586 011.1025.596905 95.09 Wholesale Trade 032217(4) 1586 020.1084.520000 160.90 Wholesale Trade 032217(40) 1586 020.1084.520000 76.75 Business Filings 032217(40) 1586 060.6033.520000 570.94 Office Supplies 032217(41) 1586 011.1025.596905 70.00 Fingerprints 1 Livescan 032217(5) 1586 011.1025.596905 64.00 Meals 1 Interview Panel 032217(5) 1586 011.1003.596600 168.88 Airline 032217(6) 1586 011.1003,520000 156.96 Wholesale Trade 032217(6) 1586 011.1003.520000 232.79 Supplies 032217(6) 1586 011.1003.596500 121.76 Travel Expense 032217(6) 1586 011.1021.550000 896.00 Meals 1 Measure Q 032217(6) 1586 011,1003.596500 -177.18 Hotel Refund 032217(6) 1586 011A031.596500 2.00 Vehicle Expense 032217(7) 1586 011.2031.520000 2,090.92 Wholesale Trade 032217(7) 1586 011.1031.596700 405.00 Employee Development&Training 032217(7) 1586 011.1043.520000 307.15 Office Services 032217(8) 1586 011.1043.520000 271.35 Vehicle Expense 032217(8) 1586 011.1043.520000 517.68 Wholesale Trade 032217(8) 1586 011.1046.520000 33.33 Wholesale Trade 032217(9) 1586 05/02/2017 34,574.49 ICMA RETIREMENT TRUST 457 011.210220 42,074.42 Deferred Compensation: Payment Ben197288 1587 Printed 519P2017 7:51:18AM Page 7 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 04/28/2017 42,074.42 CALPERS 011.210240 462,517.82 PERS Contributions: Payment Ben197290 1588 011.210240 246.45 PERS Survivor's Benefit: Payment Ben197290 1588 011.210240 1.113.06 PERS Buy-back: Payment Ben197290 1588 011.1004.502020 -0.14 PERS Contributions: Rounding Ben197290 1588 Adjustment 05/01/2017 463,877.19 CITY OF VERNON, FSA ACCOUNT 011.100013 606.92 FSA- Dependent: Payment Ben197292 1589 011.100013 354.37 FSA-Medical: Payment Ben197292 1589 04/27/2017 961.29 STATE DISBURSEMENT UNIT 011.210260 1,939.92 Child Support: Payment Ben197294 1590 05/01/2017 1,939.92 AETNA HEALTH OF CALIFORNIA 011.1026.502031 9,041.68 Medicare PPO Retirees 31166129 1591 011.1026.502031 2,090.44 Medicare HMO Retirees 31166910 1591 05/04/2017 11,132.12 ANTHEM BLUE CROSS 011.1026.502031 3,544.53 Cobra 1572965A 1592 011.1026.502031 49,581.67 Retirees U165 530948C 1592 011.210221 320,821.94 All Active Employees 636438B 1592 011.210222 28,288.84 All Active Employees 636438B 1592 05/04/2017 402,236.98 CALPERS 011.1024.502020 3.375.99 RBF: D.Breadey 100000014946615 1593 011.1026.502020 1,526.40 RBF: M.Valenzuela 100000014946615 1593 Printed:51912017 7:51:1 BAM Page 8 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P,O.# ISSUED NUMBER AMOUNT CALPERS 011.1002.502020 247.30 RBF: M.Whitworth 100000014946615 1593 011.1033.502020 2,068.04 RBF: M.Whitworth 100000014946615 1593 011.1040.502020 427.23 RBF: S. Wilson 100000014946615 1593 020.1084.502020 1,708.92 RBF: S.Wilson 100000014946615 1593 05/05/2017 9.353.88 TOTAL WIRES $ 966.864.29 Printed:5/9l2017 7:51:18AM Page 9 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT INC CAL TECH COPIER 011.9019.590110 125.00 Maintenance&Repairs CT58543 354520 04/26/2017 125.00 ECMS, INC 011.1033.540000 85.91 Turnout Cleaning- INV92259 011.0011743 354521 04/25/2017 85.91 GENERAL DATA CO. 011.9019.520010 1,046.89 Toner 7053428IN 354522 04/25/2017 1,046.89 GRAINGER CO 011.1049.520000 182.10 Building Hardware-- 9380278045 011.0011698 354523 04/25/2017 182.10 INC HAUL AWAY RUBBISH 011.1048.596200 61.00 Hauling Services 73XO0241 354524 SERVICE 011.1049.596200 207.00 Hauling Services 73XO0242 354524 011.1033.520000 61.00 Hauling Services 73XO0243 354524 011.1033.520000 61.00 Hauling Services 73XO0244 354524 011.1033.520000 61.00 Hauling Services 73XO0245 354524 011.1033.520000 61.00 Hauling Services 73XO0246 354524 011.1043.596200 876.12 Hauling Services 73XO0249 354524 04/25/2017 1,388.12 HD SUPPLY WATERWORKS,LTD 020.1084.520000 1,173.78 Water Parts- G770527 011.0011695 354525 04/25/2017 1,173.78 HOME DEPOT CREDIT SERVICES 011.1047.520000 263.86 Tools and Plumbing Hardware.- 032717_MULTIPL 011.0011703 354526 E(2) Printed:5/9/2017 7 51 A BAM Page 10 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT HOME DEPOT CREDIT SERVICES 011.1048.520000 737.84 Tools and Plumbing Hardware.- 032717_MULTIPL 011.0011703 354526 E(2) 011.1049.520000 914.34 Tools and Plumbing Hardware.- 032717_MULTIPL 011.0011703 354526 E(2) 011.120010 576.88 Tools and Plumbing Hardware.- 032717_MULTIPL 011.0011703 354526 E(2) 020.1084.520000 63.84 Tools and Plumbing Hardware.- 032717_MULTIPL 011.0011703 354526 E(2) 04125/2017 2,556.76 KOSMONT COMPANIES 011.1023.596200 1,586.25 Professional Services 03/17 5(2) 354527 04/25/2017 1,586.25 KRONOS INCORPORATED 011.9019.860000 290.25 Software&Hardware Usage Fees 11170634 354528 011.9019.860000 290.25 Software&Hardware Usage Fees 11170634 354528 04/25/2017 580.50 L.A. COMMUNITY GARDEN 011.1021.797000 40,000.00 CommUNITY Fund Grant 041917 354529 COUNCIL 04/25/2017 40,000.00 PROYECTO PASTORAL 011.1021.797000 35,000.00 CommUNITY Fund Grant 041917 354531 04/25/2017 35,000.00 RIO HONDO COLLEGE 011.1025.596905 64.40 Enrollment Fee S1771ZVRN 354532 04/25/2017 64.40 SPRINT 011.9019.560010 32.76 Period: 03/17 677975318185 .i`.3453' 04/25/2017 32.76 Printed:MOW 7:51:18AM Page 11 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT FERNANDO VALENZUELA 011.110021 1,139.47 Employee Computer Loan 041817 354534 04/25/2017 1.139.47 CALMAT CO. 011.1043.520000 486.41 Asphalt 71381807 354535 011.1043.520000 286.68 Asphalt 71390580 354535 04/25/2017 773.09 YMCA METROPOLITAN LOS 011.1021.797000 35,000.00 CommUNITY Fund Grant 041917 354536 ANGELES 04/25/2017 35,000.00 AFLAC 011.210223 14,056.74 Supplemental Ins-March 712541 354537 04/27/2017 14,056.74 INC ALAMITOS DERMAT MEDICAL 011.1026.502031 70.30 Medical Expense: B. Malkenhorst 032317 354536 CL 04/27/2017 70.30 INC ATHENS INSURANCE 011.1004.594200 150.00 Claims Entered 02117 IVC13640 354539 SERVICES 04127/2017 150.00 SANDRA D BINGMAN 011.210260 2,000.00 GARNISHMENT: Payment Ben197278 354540 04/27/2017 2,000.00 CITY OF HUNTINGTON PARK 011.1026.596905 129.00 Recruitment Exam HPF1135 354541 04/2712017 129.00 COLONIAL LIFE 011.210223 8,653.31 Supplemental Ins-March 77136470301019 354542 Printed:"/2017 7:51:1aAM Pape 12 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.Q.# ISSUED NUMBER AMOUNT 04/27/2017 8,653.31 DEWEY PEST CONTROL 011.1049.590000 42.00 Period:04/17 10839974 354543 011.1049.590000 67.00 Period:04/17 10858216 354543 011.1048.596200 40.00 Period:04/17-06/17 10859149 354543 011.1049.590000 62.00 Period:04/17 10862581 354543 011.1049.590000 310.00 Period:04/17 108795041108795 354543 03 011.1048.596200 60.00 Period:04/17 10879705 354543 011.1048.596200 155.00 Period:04117 10896215/108797 354543 06 04/27/2017 736.00 INC EPIC LAND SOLUTIONS 011A004.595200 15.785.29 Professional Services 3170681 354544 04/27/2017 15,785.29 FEDEX 011.1002.520000 68.70 Period:04/17 577123482 354545 011.1026.520000 49.94 Period:04117 577123482 354545 011.1003.520000 22.94 Period:04/17 577123482 354545 04/27/2017 141.58 FRANCHISE TAX BOARD 011.210260 1,359.03 Garnishment: Payment Ben197282 354546 04/27/2017 1,359.03 JANINE K JENSEN, M.D. 011.1026.502031 152.84 Medical Services 1 V. Malkenhorst 031117 354547 04/27/2017 152.84 BRUCE V MALKENHORST, SR 011.1026.502031 73.70 RX Reimbursements 042517 354548 Printed:5/912017 7:51:18AM Page 13 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# _ ISSUED NUMBER AMOUNT 04127/2017 73.70 MUTUAL OF OMAHA 011.210223 5,272.04 LTD Insurance Premiums 621123763 354549 011.210223 531.70 Voluntary Life Insurance: Payment Ben196933 354549 011.210223 3,424.92 Voluntary Life Insurance: Payment Ben197274 354549 04/27/2017 9,228.66 PACIFIC SHORES MEDICAL 011.1026.502031 30.34 Medical Services 1 B. Malkenhorst 030817 354550 GROUP 04/27/2017 30.34 A MEDICAL GROUP INC 011.1026.502031 21.08 Medical Services 1 B. Malkenhorst 032717 354551 PROHEALTH 04/27/2017 21.08 RADIN CARDIOVASCULAR MED 011.1026.502031 58.04 Medical Services 1 B. Malkenhorst 030617 354552 GRP 44127/2017 58.04 TEAMSTERS LOCAL 911 011.210250 2,400.00 Teamsters Local 911 Dues: Payment Ben197272 354553 04/27/2017 2,400.00 THE GAS COMPANY 011.1049.560000 266.88 Period:03/17 041217 354554 011 A 043.560000 143.43 Period: 03/17 041217 354554 020.1084.560000 143.43 Period:03/17 041217 354554 011.1049.560000 281.85 Period*.03/17 041217(2) 354554 04/27/2017 855.59 UNIFIRST CORPORATION 011.1043.540000 64.06 Uniforms 3241901429 354555 Printed:5/912017 7:51:1aAM Page 14 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P O,p ISSUED NUMBER AMOUNT UNIFIRST CORPORATION 011.1046.540000 20.61 Uniforms 3241901429 354555 011.1047.540000 11.52 Uniforms 3241901429 354555 011.1049.540000 55.29 Uniforms 3241901429 354555 020.1084.540000 45.79 Uniforms 3241901429 354555 011.1043.540000 57.55 Uniforms 3241904215 354555 011.1046.540000 20.61 Uniforms 3241904215 354555 011.1047.540000 11.52 Uniforms 3241904215 354555 011.1049.540000 47.56 Uniforms 3241904215 354555 020.1084.540000 45.79 Uniforms 3241904215 354555 011.1043.540000 100.07 Uniforms 3241906983 354555 011.1046.540000 20.61 Uniforms 3241906983 354555 011.1047.540000 11.52 Uniforms 3241906983 354555 011.1049.540000 22.94 Uniforms 3241906983 354555 020.1084.540000 45.79 Uniforms 3241906983 354555 011.1043.540000 55.40 Uniforms 3241909772 354555 011.1046.540000 20.61 Uniforms 3241909772 354555 011.1047.540000 11.52 Uniforms 3241909772 354555 011,1049.540000 22.94 Uniforms 3241909772 354555 020.1084.540000 45.79 Uniforms 3241909772 354555 04/27/2017 737.49 UNITED STEEL FENCE COMPANY 011.1049.900000 2,892.00 Fabricate&Install New Gate 17916 364556 04/27/2017 2,892.00 Printed:51912017 7:51.18AM Page 15 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 EARLY CHECKS _ ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT UPS 011.1041.520000 48.90 Period:04117 933312157 354557 04/27/2017 48.90 VERNON FIREMENS ASSOCIATION 011.210250 3,272.00 Fire House Fund: Payment Ben197280 354558 04/27/2017 3,272.00 BENEFIT ASSOCIATION VERNON 011.210250 1,887.60 Police Association Member Dues: Ben197276 354559 POL Payment 04/27/2017 1,887.60 INC ADVANCED INDUSTRIAL 020.1084.900000 6,004.00 Retention Billing 14197 354560 SERVIC 06/02/2017 6,004.00 AEGIS ITS, INC 011.1043.590000 3,054.10 Preventative Maintenance 03117 20418 354561 05/02/2017 3,054.10 BRENNTAG PACIFIC, INC 020.1084.620000 -400.00 Credit BP1254113 354562 020.1084.500140 716.94 Chlorine Supplies BP1709591 354562 020.1084.500140 1,785.01 Chlorine Supplies BP1709924 354562 020.1084.500140 741.54 Chlorine Supplies BP1714060 354562 05/02/2017 2,843.49 CANNON CORPORATION 011.1049.900000 717.50 Professional Services 03117 63212 354563 05/02/2017 717.50 CENTRAL BASIN WATER 020.1084.596200 1,988.39 Title 22 Monitoring 3170006 354564 ASSOCATION 05/02/2017 1,988.39 Printed 5/9/2017 7.51 18AM Pape 16 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT DEWEY PEST CONTROL 011.1048.590000 1.625.00 One Time Service 10708231 354565 05/02/2017 1,625.00 DISH NETWORK 011.5031.560000 55.93 Period:04/24/17-05/23/17 041117 354566 05/02/2017 55,93 IGNACIO ESTRADA III 011.4031.596500 23.00 LAPD Leadership Program 041317 354567 05/02/2017 23.00 INC GENERAL PUMP COMPANY 020,1084.900000 165,820.00 Well 11 25546 354568 05/02/2017 165,820.00 THE LAPD REVOLVING 011.4031.596700 900.00 Registration 11. Estrada 041317 354569 05/02/2017 900.00 INC NOBEL SYSTEMS 011.9019.860000 5,100.00 Water, Sewer, Storm and Gas spatial 13995 011.0011469 354570 05/02/2017 5,100.00 NORTH PARK HOA 011.1048.560000 270.00 Assoc Dues: 6010 Oak St. 041917 354571 011.1048.560000 270.00 Assoc Dues: 2915 60th Place 041917(2) 354571 05/02/2017 540.00 NU IMAGE INTERIOR DESIGN 011.1049.900000 195.65 Kitchen Cabinet, Sunset Oak,#131327. 033017 011.0012361 354572 011.1049.900000 348.30 Kitchen Cabinets,Sunset Oak,#00. 033017 011.0012361 354572 011.1049.900000 225.75 sKitchen Cabinet, Sunset Oak,#bls33. 033017 011.0012361 354572 011.1049.900000 139.75 Kitchen Cabinet,Sunset Oak,#SB36. 033017 011.0012361 354572 011.1049.900000 144.05 Kitchen Cabinet,Sunset Oak,#DB15. 033017 011.0012361 354572 011.1049.900000 126.85 Kitchen Cabinet, Sunset Oak,#W2742. 033017 011.0012361 354572 Printed:5/9/2017 7'51 18AM Page 17 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 EAIRI_Y CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT NU IMAGE INTERIOR DESIGN 011,1049.900000 135.45 Kitchen Cabinet, Sunset Oak,#W3042. 033017 011.0012361 354572 011.1049.900000 180.60 Kitchen Cabinet, Sunset Oak, 033017 011.0012361 354572 #W DC2442. 011.1049.900000 75.60 Kitchen Cabinet,Sunset Oak,#W 1242. 033017 011.0012361 354572 011.1049.900000 123.90 Kitchen Cabinet, Sunset Oak,#W2742. 033017 011.0012361 354572 011.1049.900000 88,20 Kitchen Cabinet, Sunset Oak,#W3042. 033017 011.0012361 354572 011.1049.900000 123.90 Kitchen Cabinet, Sunset Oak,#W2742. 033017 011.0012361 354572 011.1049.900000 176.40 Kitchen Cabinets, Sunset Oak, 033017 011.0012361 354572 #w302424. 011.1049.900000 317.10 Kitchen Cabinet, Sunset Oak,#pc2496. 033017 011.0012361 354572 011,1049.900000 26.46 Hardware,#TK8. 033017 011.0012361 354572 011.1049.900000 44.10 Hardware,#SM8. 033017 011.0012361 354572 011.1049.900000 132.30 Hardware,#CM15/8. 033017 011.0012361 354572 011.1049.900000 71.40 Hardware,#PNL12X42. 033017 011.0012361 354572 011.1049.900000 22.68 Hardware,#BF3. 033017 011.0012361 354572 011.1049.900000 26.04 Hardware,#WF342. 033017 011.0012361 354572 011.1049.900000 67.20 Hardware,#pn196x24. 033017 011.0012361 354572 011.1049.900000 192.00 Hardware,#HINGE. 033017 011.0012361 354572 011.1049.900000 180.00 Hardware,#RAIL. 033017 011.0012361 354572 011.1049.900000 86.00 Hardware,#rot. 033017 011.0012361 354572 011.1049.900000 45.15 Hardware,#spnl96x24. 033017 011.0012361 354572 011.1049.900000 304.77 Sales Tax 033017 354572 05/02/2017 3,599.60 PLUMBING& INDUSTRIAL SUPPLY 011.1049.520000 359.71 Replace CK#354530- S1184972001 011.0011690 354573 Printed:5IW2017 7:51:18AM Page 18 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.* ISSUED NUMBER AMOUNT 05/02/2017 359.71 SOUTH COAST AOMD 011.1043.596200 709.72 Annual Renewal Fees 308341 B 354574 011.1043.596200 124.35 Emissions Fees 30B6222 354574 05/02/2017 834.07 INC ST.GEORGE GROUPIE 011.1048.900000 6,179.25 Retention 041017 354575 05/02/2017 6,179.25 STONESHINE 011.1049.590000 3,595.00 Interior Concrete Floor Grinding, 12418 354576 05/02/2017 3,595.00 THE GAS COMPANY 011.1033.560000 80.48 Period:03117 041017 354577 011.1048.560000 29.75 Period:03/17 041117 354577 011.1033.560000 4.82 Period:03117 041117(2) 354577 011.1033.560000 104.73 Period:03/17 041117(3) 354577 011.1033.560000 47.71 Period:03/17 041117(4) 354577 05/02/2017 267.49 CALMAT CO. 020.1084.520000 427.18 Asphalt 71383220 354578 020.1084.520000 343.11 Asphalt 71388556 354578 020.1084.520000 126.90 Asphalt 71392938 354578 05/02/2017 897.19 OSCAR ZOZAYA 011 A031.594200 232.00 Reimb. Boarding for K9 Doby 042617 354579 05/02/2017 232.00 AFC HYDRAULIC SEALS&REPAIR 011.1046.520000 140.00 019SEALS seal kit for hydraulic 24680 011.0012224 354580 Printed:519/2017 7:51:18AM Page 19 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT AFC HYDRAULIC SEALS&REPAIR 011.1046.520000 175.00 Lever and pivot for front bucket 24680 011.0012224 354580 011.1046.590000 48.00 Freight 24680 011.0012224 354580 011.1046.590000 600.00 Labor to diagnose and repair front 24680 011.0012224 354580 011.1046.590000 625.00 Labor to diagnose and replace lever and 24680 011.0012224 354580 011.1046.520000 27.56 Sales Tax 8.75 24680 354580 05/04/2017 1,615.56 AT&T 011.9019.560010 2,444.25 Period:02/17 9388806 354581 011.9019.560010 17.76 Period:02117 9388807 354581 011.9019.560010 1,185.84 Period: 02117 9388809 354581 011.9019.560010 1,182.34 Period:02/17 9388810 354581 011.9019.560010 1,374.63 Period:02117 9389245 354581 011.9019.560010 17.76 Period:03/17 9424260 354581 05/04/2017 6,222.58 BROADBAND LLC 057.1057.500173 4,250.00 Internet Access Services- IN0515201720037 057.0000053 354582 44 05/04/2017 4,250.00 CANNON CORPORATION 020.1084.900000 3,102.69 Engineering& Design of Well 21 - 62121 011.0008022 354583 020.1084.900000 3,345.00 Engineering&Design of Well 21 - 62256 011.0008022 354583 020.1084.900000 1,950.00 Engineering &Design of Well 21 - 62469 011.0008022 354583 020.1084.900000 2,827.50 Engineering&Design of Well 21 _ 62675 011.0008022 354583 020.1084.900000 1,441.25 Engineering&Design of Well 21 - 63023 011.0008022 354583 05/04/2017 12,666.44 Printed:502017 7:5118AM Page 20 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CITY OF WHITTIER 011.1025.596905 210.00 Applicant Livescan Fingerprinting 8020000547 354584 05/04/2017 210.00 COMMLINE, INC. 011.2033.850000 400,000.00 Professional Services 373271N 354585 05/04/2017 400,000.00 FRONTIER 011.9019.560010 50.40 Period:04/17 041617 354586 05/04/2017 50.40 GENERAL DATA CO. 011.9019.520010 497.73 Toners 7054970IN 354587 011.9019.520010 1,623.56 Toners 7055204IN 354587 05/04/2017 2,121.29 INC JEMMOTT ROLLINS GROUP 011.1021.596200 12,250.00 Professional Services APR17 354588 011.1021.596200 12,250.00 Professional Services MAR17 354588 05/04/2017 24,500.00 LA POOL GUYS 011.1049.590000 95.00 Pool Maintenance 042017 354589 05/04/2017 95.00 LN CURTIS&SONS 011.1033.520000 -100.50 Credit- CM783 011.0012255 354590 011.1033.520000 344.76 Bag for Universal RIT Kit- INV90255 011.0012255 354590 011.1033.520000 31.88 Tool Pouch Tool Not Included-- INV90255 011.0012255 354590 011.1033.520000 19.37 Freight INV90255 011.0012255 354590 011.1033.520000 32.96 Sales Tax 8.75 INV90255 354590 05/04/2017 328.47 MAYWOOD CAR WASH 011.1060.570000 9.50 Car Wash Service— 891 011.0011774 354591 Printed:519/2017 7:51:18AM Page 21 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT MAYWOOD CAR WASH 011.1060.570000 19.00 Car Wash Service- 899 011.0011774 354591 05/04/2017 28,50 INC MOTOROLA SOLUTIONS 011.2033.850000 119,867.80 Digital Repeater Array 41235270 354592 011.2033.850000 149,834.75 Digital Repeater Array 41235271 354592 05/04/2017 269,702.55 POLLARD WATER 020.1084.520000 870.00 PITOT BLADE DUAL GAUGE- 72015 011.0012289 354593 020.1084.520000 21.30 Freight 72015 011.0012289 354593 020.1084.520000 76.13 Sales Tax 8.75 72015 354593 05/04/2017 967.43 SO CAL EDISON 011.1043.560000 97.40 Period:04/17 041817 354594 05/04/2017 97.40 UPS 011.1041.520000 84.91 Period: 04117 933312167 354595 011.1033.520000 39.67 Period:04/17 933312167 354595 05/04/2017 124.5E TOTAL EARLY CHECKS $ 1,113,090.44 Printed:519/2017 7:51:18AM Page 22 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P_O.# NUMBER AMOUNT INC A THRONE CO 011.1043.520000 118.62 Portable Restrooms 498142 354596 118.62 LLC ADLERHORST 011.1031.596700 175.00 On-Site Training 80214 354597 INTERNATIONAL 175.00 INC AGENCIES TOOL CENTER 011.1046.520000 113.99 12504 112"dr torque wrench F98859 011.0012298 354598 011.1046.590000 13.34 Freight F98859 011.0012298 354598 011.1046.520000 10.25 Sales Tax 9% F98859 354598 137.58 AGILITY RECOVERY 011.9019.520010 395.00 Emergency Services 05117 A448119 354599 395.00 INC AIR EXCHANGE 011.1033.520000 756.00 Wireless Transmitter Onboard 11092016 011.0012006 354600 011.1033.520000 68.04 Sales Tax 11092016 354600 824.04 ALL CITY MANAGEMENT 011.1031.594200 927.18 School Crossing Guard Services 48330 354601 SERVICES, 927.18 AMERICAN LEGAL PUBLISHING 011.1003.550000 375.00 Internet Renewal 05/10/17-05/10/18 115602 354602 CORP 375.00 ANTHONY KOSTALLAS,O.D. 011.1043.502030 380.00 Vision Benefits 1 N. Faries 042417 354603 011,1043.502030 425.00 Vision Benefits 1 G. Farias 042417(2) 354603 Pnnted:5/9/2017 7:51.18AM Page 23 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT 805.00 INC BOBCAT OF LOS ANGELES 011.1046.520000 205.11 D8NNC635BC12Z travel lock key P01764 011.0012229 354604 011.1046.520000 20.00 Freight P01764 011.0012229 354604 011.1046.590000 18.25 Freight P01764 011.0012229 354604 011.1046.520000 19.70 Sales Tax 8.75 P01764 354604 263.06 BUTLER COMPRESSOR II 011.1046.520000 48.00 FS15-050 filter silencer assembly 112' 11291 011.0012227 354605 011.1046.520000 30.00 F15 airfilters 11291 011.0012227 354605 011.1046.520000 6.83 Sales Tax 8.75 11291 354605 84.83 INC CALOX 011.1033.520000 15.00 Cylinder Oxygen 315258 354606 15.00 RENAN CASTRO 011,1047.502030 94.00 Vision Benefits 1 E. Castro 042517 354607 94.00 COW GOVERNMENT, INC. 011.9019.520010 385.00 COW PART#: 1394264- HMG5840 011.0012328 354608 011.9019.520010 33.69 Sales Tax 8.75 HMG5840 354608 011.9019.860000 11,512.72 COW Part#: 3088044- HMH5240 011.0012327 354608 011.9019.860000 1,007.36 Sales Tax 8.75 HMH5240 354608 011.9019.520010 540.44 COW Part#:4035363- HMM0554 011.0012329 354608 011.9019.520010 350.31 COW Part#: 2072357- HMM0554 011.0012329 354608 011.9019.520010 83.95 COW Part#:2211120- HMM0554 011.0012329 354608 Prinled:W2017 7:51:18AM Page 24 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT CDW GOVERNMENT, INC. 011.9019.520010 561.66 COW Part M 3942062- HMM0554 011.0012329 354608 011.9019.520010 143.64 COW Part#: 164170- HMM0554 011.0012329 354608 011.9019.620010 254.06 COW Part#: 2065438-- HMM0554 011.0012329 354608 011.9019.520010 725.78 COW Part#: 3827425- HMM0554 011.0012329 354608 011.9019.520010 7.00 Recycling Fee HMM0554 011.0012329 354608 011.9019.520010 232.75 Sales Tax 8.75 HMM0554 354608 011.9019.520010 194.40 COW Part M 2629647- HMR5506 011.0012329 354608 011.9019.520010 17.01 Sales Tax 8.75 HMR5506 354608 16,049.77 INC CHEM PRO LAB 011.1049.590000 235.00 Water Treatment Service 618609 354609 235.00 COASTLINE SUPPLIES 020.1084.520000 3,750.00 Eagle 4 Gas Monitors,#GX 2012. 49194 011.0012291 354610 020.1084.520000 330.00 GX 2012 Carrying Case,#GX-2012-CC. 49194 011.0012291 354610 020.1084.520000 100.00 Freight 49194 011,0012291 354610 020.1084.520000 357.00 Sales Tax 8.75 49194 354610 4,537.00 W HATLEY,PC COLANTUONO, 011.1003.596300 961.00 Re: Election Advice 32777 354611 HIGHSM 961.00 COMMERCIAL TIRE COMPANY 011.1046.520000 599.37 385165R22.5 goodyear g296 tire 1137630 011.0012304 354612 011.1046.590000 1.75 Carecy CA recycle fee 1137630 011.0012304 354612 011.1046.590000 8.50 Disposal fee 1137630 011.0012304 354612 Printed:519/2017 7:51:18AM Page 25 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT COMMERCIAL TIRE COMPANY 011.1046.690000 20.00 Labor to mount&dismount tire 1137630 011.0012304 354612 011.1046.590000 20.00 Labor to balance new tire 1137630 011.0012304 354612 011.1046.520000 52.44 Sales Tax 8.75 1137630 354612 702.06 DANN FROEHLICH DESIGN 011.1025.596905 693.62 Public Works Director Brochure 042817 354613 693.62 GOODYEAR TIRE&RUBBER CO 011.1046.520000 578.15 P255170R16 goodyear wrangler sr-a owl 44401521 011.0012307 354614 011.1046.590000 8.75 State tire fee 44401521 011.0012307 354614 011A046.520000 50.59 Sales Tax 8.75 44401521 354614 637.49 INC DIAMONDBACK FIRE & 060.6033.520000 64.15 Ammonia 100-2000 ppm^- 13393 011.0012263 354615 RESCUE 060.6033.520000 57.80 Hydrogen Sulfide 20-500 ppm-- 13393 Oi1.0012263 354615 060.6033.520000 69.70 Xylene 10-300 ppm-- 13393 011.0012263 354615 060.6033.520000 69.70 Toluene 10-300 ppm- 13393 011.0012263 354615 060.6033.520000 69.70 Perch loroethylene 5-500 ppm- 13393 011.0012263 354615 060.6033,520000 25.00 Freight 13393 011.0012263 354615 060.6033.520000 28.97 Sales Tax 8.76 13393 354615 060.6033.520000 147.00 Calibration of the CMS Reader- 13423 011.0012263 354615 060.6033.520000 12.86 Sales Tax 8.75 13423 354615 544.88 DR DAVID N STEIN 011.1040.502030 449.00 Vision Benefits 1 Y. Ramirez 041917 354616 Printed:5/912017 7:51:18AM Page 26 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P_O.# NUMBER AMOUNT 449.00 EMPIRE CLEANING SUPPLY 011.120010 1,137.60 0552-670 Lotusoft White,2 ply toilet 951182 011.0012336 354617 011.120010 1,650.00 0552-800 GP White Multifold Towel 951182 011,0012336 354617 011.120010 19.52 0552-800 Lotusoft White Multifold 951182 011.0012336 354617 011.120010 56.50 0562-100 White, Half Fold Seat Covers, 951182 011.0012336 354617 011.120010 250.57 Sales Tax 8.75 951182 354617 3,114.19 INC EPIC LAND SOLUTIONS 011.1004.595200 12,500.00 Professional Services 4170681 354618 12,500.00 ETC DEPOT 011.9019.520010 2,360.00 STOCK CODE:CCVWB2DIZ-- 903254 011.0012250 354619 011.9019.520010 290.00 STOCK CODE: DVR-HCVR-5208A-S2- 903254 011.0012250 354619 011.9019.520010 390.00 STOCK CODE: DVR-HCVR-5216A-V2- 903254 011.0012250 354619 011.9019.520010 182.00 STOCK CODE: PA-12DC5000A-- 903254 011.0012250 354619 011.9019.520010 35.00 STOCK CODE: PB-13A08E^- 903254 011.0012250 354619 011.9019.520010 1.12 STOCK CODE: PT-M- 903254 011,0012250 354619 011.9019.520010 285.09 Sales Tax 8.75 903254 354619 3,543.21 FIRE ETC 011.1033.850000 2,592.00 Poly Flow 2.5"DJ Fire Hose-Yellow 101381 011.0012197 354620 011.1033.850000 6,239.00 Poly Flow 600 LDH 4"x 50' 101381 011.0012197 354620 011.1033.850000 165.00 Coupling Stamping per length 101381 011.0012197 354620 011.1033.850000 787.15 Sales Tax 8.75 101381 354620 Printed:5/912017 7:51:18AM Page 27 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT 9,783.15 LLC FOOTHILL COMMUNICATIONS 011.5031.520000 7,996.00 Motorola-NNTN6034B-Impres 4000mAh 1929 011.0012276 354621 011.5031.520000 699.65 Sales Tax 8.75 1929 354621 011.5031.520000 1,125.00 Motorola-PHLN1002A— 1930 011.0012277 354621 011.5031.520000 144.00 Motorola-HKN6170B-XTUAPX-10'13M 1930 011.0012277 354621 011.5031.620000 1,605.00 Motorola-PHCN4000A-05 Head Front 1930 011.0012277 354621 011.5031.520000 622.80 Motorola-PMUN1036-TIB Interface 1930 011.0012277 354621 011.5031.520000 99.00 Motorola- HKN6192A-TIB-Flex Cable, 1930 011.0012277 354621 011.5031.520000 108.00 Motorola-HKN619OB-50 PIN FLEX 1930 011.0012277 354621 ASSY 011.5031.520000 22.59 Motorola- 1585245E02-Headbridge 1930 011.0012277 354621 Short 011.5031.520000 335.38 Sales Tax 9% 1930 354621 12,757.42 STEVEN FROBERG 011.1048.596200 100.00 Special Vernon Housing Commission 042617 354622 100.00 FRANCISCO M.JR GAVINA 011.1048.596200 100.00 Special Vernon Housing Commission 042617 354623 100.00 INC GE MOBILE WATER 011.1033.520000 113.10 Maintenance&Supplies 98721621 354624 011.1033.520000 56.55 Maintenance&Supplies 98721622 354624 011,1033.520000 113.10 Maintenance&Supplies 98721650 354624 282.75 Panted:5/9/2017 7:51:18AM Page 28 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT MICHAEL GILLMAN 011.1031.502030 280.29 Vision Benefits 1 M. Gillman 041017 354625 280.29 HUNTINGTON PARK RUBBER 011.1004.520000 14.50 Nameplate to read:Sylvie Gonzalez_ RP9378 011.0012348 354626 STAMP 011.1004.520000 8.20 Silver Holder for Nameplate RP9378 011.0012348 354626 011.1004.520000 1.99 Sales Tax 8.75 RP9378 354626 24.69 INC IGOE&COMPANY 011.1026.594200 200.00 Administrative Fees 158857 354627 200.00 INSIGHT PUBLIC SECTOR, INC 011.9019.590110 2,832.98 Material#:VCSRM625SPSSSC- 1100528679 011.0012326 354628 011.9019.860000 2,603.09 Material M VC-SRM6-25S-C- 1100528797 011.0012330 354628 011.9019.860000 633.25 Material#:VCSRM625SPSSSC- 1100528797 011.0012330 354628 011.9019.860000 4,001.30 Material M VS6-ESP-KIT-C- 1100528797 011,0012330 354628 011.9019.860000 1,059.40 Material M VS6ESPKITPSSSC- 1100528797 011.0012330 354628 11,130.02 DEBORAH JUAREZ 011.1003.596500 20.60 ARMA 2017 Conference 042417 354629 20.60 JOHN KRISTE 011.1048.596200 100.00 Special Vernon Housing Commission 042617 354630 100.00 INC MACKENZIE RIVER 011.4031.520000 3,482.12 SOCOM556-RC2-DE- 55 011.0012005 354631 PARTNERS 011.4031.520000 475.00 WARCOMP-556: 112-28-- 55 011.0012005 354631 Printed 5/9/2017 7:51 18AM Page 29 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT INC MACKENZIE RIVER 011.4031.520000 51.35 Freight 55 011.0012005 354631 PARTNERS 011.4031.520000 346.25 Sales Tax 8.75 55 354631 4,354.72 MCMASTER CARR SUPPLY 011.1046.520000 115.86 6539K48 314"double grip-lock hose 24133335 011.0012305 354632 COMPANY 011.1046.590000 5.60 Freight 24133335 011.0012305 354632 011.1046.520000 10.14 Sales Tax 8.75 24133335 354632 131.60 INC MR. HOSE 011.1046.520000 10.90 STC5 314"steel plated nipples 121468 011.0012303 354633 011.1046.620000 1.01 Sales Tax 121468 354633 11.91 UPHOLSTERY NICK ALEXANDER 011.1046.520000 45.00 Seatbelt assy. 3372 011.0012306 354634 REST 011.1046.520000 3.93 Sales Tax 8.75 3372 354634 48.93 NORTH STAR GRAPHICS 011.1031.570000 354.25 Police Vehicle Graphics Kit 8563 354635 354.25 O'REILLY AUTO PARTS 011.1046.520000 233.82 Green antifreeze 3049109794 011.0012302 354636 011.1046.520000 20.46 Sales Tax 8.75 3049109794 354636 254.28 PARKMAN HOLDINGS,LLC 095.5095.400900 4,297.80 Ref. 1 st Parcel Tax 6303001008 042517 354637 Printed:5/9/2017 7:51:18AM Page 30 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE 15.0.9 NUMBER AMOUNT 4,297.80 R.S, HUGHES COMPANY 011.1043.620000 502.80 JUSTRITE 7225420 Type 2 Safety Can, 7667391200 011.0012297 354638 011.1043.520000 50.00 Freight 7667391200 011.0012297 354638 011.1043.520000 43.99 Sales Tax 8.75 7667391200 354638 596.79 INC RICHARD P GUESS MD 011.1033.596200 1,500.00 Medical Director Fees- 041117 354639 1,500.00 LLP RUTAN&TUCKER 011.1024.593200 665.00 Re: Malkenhorst PERS Litigation 774408 354640 011.1024.593200 6,264.45 Re:TorrestOng Litigation 774409 354640 6,929.45 SILVA'S PRINTING NETWORK 011.1002.520000 59.00 Business Cards(Gloss UV)-- 26452 011.0012339 364641 011.1002.520000 5.16 Sales Tax 8.75 26452 354641 64.16 SIMPLEXGRINNELL, LP 011.1049.590000 767.85 Master Time Test& Inspection 79364989 354642 767.85 INC SO CAL OVERHEAD DOOR 011.1049.900000 1,275.00 Repairs&Maintenance 50049 354643 CO. 1,275.00 SOUTH GATE COLLISION CENTER 011.1046.520000 455.00 Paint and materials 1 011,0012300 354644 011.1046.690000 700.00 Labor to repair body all around 1 011.0012300 354644 011.1046.590000 300.00 Labor to paint complete(White)&clear 1 011.0012300 354644 Printed:519/2017 7 51:18AM Page 31 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 PRINTED CHECKS _ ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT SOUTH GATE COLLISION CENTER 011.1046.590000 100.00 Labor to color sand and buff 1 011.0012300 354644 011.1046.520000 44.36 Sales Tax 9.75% 1 354644 011.1046.520000 455.00 Paint and materials 2 011.0012301 354644 011.1046.590000 700.00 Labor to repair body all around 2 011.0012301 354644 011.1046.590000 300.00 Labor to paint complete(White)and 2 011.0012301 354644 011,1046.590000 100.00 Labor to color sand and buff 2 011.0012301 354644 011.1046.590000 280.00 Labor to remove and re-tint windows all 2 011.0012301 354644 011.1046.520000 44.36 Sales Tax 9.75% 2 354644 3,478.72 SWRCB ACCOUNTING OFFICE 020.1084.596200 6,612.50 Water System Fees 07116-06117 LW 1009635 354645 6,612.50 SUPERIOR CT OF CAL OF LA 011.1031.594200 200.50 Parking Citations 03117 041117 354646 200.50 TETRA TECH, INC. 011.1060.595200 3,842.50 Professional Services 51170707 354647 3,842.50 JASON TOMLINSON 011.1046.502030 210.67 Vision Benefits 1 I.Tomlinson 042417 354648 210.67 INC TOWER LEE COMPANY 011.1031.520000 1,377.56 SHOOTING TARGETS- 30635 011.0012288 354649 011.1031.520000 40.00 Freight 30635 011.00122BB 354649 011.1031.520000 123.96 Sales Tax 9% 30635 354649 1,541.54 Printed:51912017 7 51:18AM Page 32 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT GLORIAVALDIVIA 011.1060.596500 43.80 CEHAAES Conference 041817 354650 43.80 LLC WITTMAN ENTERPRISES 011.1033.596200 1,066.66 Billing Services 1703069 354651 1,066.66 ELIZABETH ZEPEDA 011.1060.596500 47.00 Reimb. Notary Oath&Bond Filing 042417 354652 011.1060.502030 409.00 Vision Benefits 1 I.Zepeda 042417(2) 354b i2 456.00 TOTAL PRINTED CHECKS S 1 21,000.08 Pnnted 5/9/2017 7:51:18AM Page 33 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 011 -GENERAL 5 964,162.66 s 916,089.29 5 105,007.90 6 1,985,259.85 020-WATER 2,130.69 192,751.15 11,149.50 206,031.34 057-FIBER OPTIC 0.00 4,250.00 0.00 4,250.00 060-HAZARDOUS WASTE 570.94 0.00 544.88 1,115.82 095-PARCEL TAX 0.00 0.00 4,297.80 4,297.80 GRAND TOTAL $ 966,864.29 $ 1,113,090.44 $ 121,000.08 2,200,954.81 TOTAL CHECKS TO BE PRINTED 57 Printed 519/2017 7:51:18AM Page 34 of 35 CITY OF VERNON WARRANT REGISTER NO. 1472 MAY 16, 2017 VOID LIST CHECK NUMBER VENDOR NAME AMOUNT 354530 PLUMBING&INDUSTRIAL SUPPLY $ 113.35 Printed 5/9/2017 7 51:18AM Page 35 of 35 RECEIVED49 RECEt MaY 1 a zo�� QED CLERKS OFFICE MAY �9 20n CITY C� STAFF REPORT CITY 401W,NISTRA FINANCE/TREASURY DEPARTMENT �I�N DATE: May 9, 2017 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director RE: Light & Power Warrant Register for City Council Agenda of May 16, 2017 It is recommended that the attached Light & Power Warrant Register No. 437 be approved at the City Council meeting of May 16, 2017. Light & Power Warrant Register No. 437 totals $1,691,539.86, and covers claims and demands presented during the period of April 25 through May 08, 2017, drawn, or to be drawn, from East West Bank. The following list details the components of Light & Power Warrant Register No. 437: 1. Ratification of wire transfers totaling $1,648,232.74; 2. Ratification of the issuance of early checks totaling $33,592.40; and 3. Authorization to issue pending checks totaling $9,714.72. LIGHT& POWER _ WARRANT REGISTER NO.437 MAY 16, 2017 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: Pnnted:519/2017 7.56:21AM Page 2 of 12 LIGHT S POWER WARRANT REGISTER NO. 437 MAY 16, 2017 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT US BANK CORPORATE 055.8100.596700 32.00 Vehicle Expense 032217(42) 6382 055.8100.596700 41.90 Rental Cars 032217(42) 6382 055.8200.840000 219.16 Office Supplies 032217(43) 6382 055.9000.596500 898.59 Hotels 032217(44) 6382 055.9000.596500 850.00 Office Services 032217(44) 6382 055.9000.596500 119.00 Vehicle Expense 032217(44) 6382 055.9000.596500 130.59 Meals 032217(44) 6382 055.9000.596500 170.91 Travel Expense 032217(44) 6382 065.8400.520000 62.21 Office Services 032217(45) 6382 055.9000.570000 150.00 Vehicle Expense 032217(45) 6382 055.9000.570000 353.22 Wholesale Trade 032217(45) 6382 055.9000.596700 500.00 Seminar 1 Conf. 032217(46) 6382 055.9000.596550 125.00 Business Expense 032217(46) 6382 055.9000.596550 17.61 Business Expense 032217(47) 6382 05102/2017 3,670.19 LLC BICENT(CALIFORNIA) 055.9200.500150 -19,070.19 Energy Price Difference CFD3201701 6383 HOOVER 055.9200.500180 236,640.09 Capacity Price Difference CFD3201701 6383 055.9200.500180 41,929.13 Uprating Credit CFD3201701 6383 055.9200.500150 -7,331.41 CES Costs CFD3201701 6383 04/25/2017 252,167.62 CALIFORNIA ISO 055.9200.500150 3,054.75 Recalculation Charges 04117 201704183134962 6384 978 Printed:5/9/2017 7:56:21AM Page 3 of 12 LIGHT& POWER WARRANT REGISTER NO.437 MAY 16, 2017 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.Q.# ISSUED NUMBER AMOUNT CALIFORNIA ISO 055.9200,500170 230.68 Recalculation Charges 04117 201704183134962 6384 978 055.9200.500190 -3,804.20 Recalculation Charges 04117 201704183134962 6384 978 055.9200.500210 -8.41 Recalculation Charges 04117 201704183134962 6384 978 055.9200.500150 18,716.74 Recalculation Charges 01117 201704183134962 6384 978 055.9200.500180 2,313.26 Recalculation Charges 01117 201704183134962 6384 978 055.9200.500190 3,125.59 Recalculation Charges 01117 201704183134962 6384 978 055.9200.500170 -6,730.84 Recalculation Charges 01117 201704183134962 6384 978 055.9200.500150 62,702.10 Initial Charges 04117 201704183134962 6384 978 055.9200.500170 5,385.41 Initial Charges 04117 201704183134962 6384 978 055.9200.500210 14,973.60 Initial Charges 04117 201704183134962 6384 978 055.9200.500190 -44,877.61 Initial Charges 04/17 201704183134962 6384 978 055.9200.500150 3,292.40 Recalculation Charges 03117 201704183134962 6384 978 055.9200.500190 2,602.45 Recalculation Charges 03117 201704183134962 6384 978 055.9200.500210 2.51 Recalculation Charges 03117 201704183134962 6384 978 055.9200.500240 680.04 Recalculation Charges 03117 201704183134962 6384 978 Printed:51912017 7:56:21 AM Page 4 of 12 LIGHT & POWER WARRANT REGISTER NO.437 MAY 16, 2017 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CALIFORNIA ISO 055.9200.500170 -324.37 Recalculation Charges 03117 201704183134962 6384 978 04/25/2017 61,334.10 DEPARTMENT OF WATER& 055.9200.500170 21,870.00 Energy Purchase 03/17 GA188436 6385 POWER 055.9200.500260 575.00 Energy Purchase 03/17 GA188436 6385 04/27/2017 22,445.00 STATE BOARD OF EQUALIZATION 055.200230 74,160.86 Elec Energy Surcharge 01117-03/17 043017 6386 04/27/2017 74,160.86 LLC ICE TRADE VAULT 055.9200.596200 376.00 Minimum/Maximum Fee 317US01864 6387 04/28/2017 375.00 LLC ICE US OTC COMMODITY 055.9200.596200 1,200.00 OTC Commission Adjustment 317001688088 6388 MARKS 04/28/2017 1,200.00 SO CAL PUBLIC POWER 055.9200.500180 310,326.00 Minimum Cost 04/17 PV0417 6389 AUTHORITY 055.9200.500150 77,523.00 Variable Cost 03117 PV0417 6389 055.9200.500180 18,096.44 Legislative Cost 04/17 PV0417 6389 055.9200.500180 10,000.00 PSF Cost 04/17 PV0417 6389 04/28/2017 415,945.44 WIRELESS INNOVATION LIMITED 055.9000.900000 1,190.00 Iridium 34198 6390 04/28/2017 1,190.00 Printed:5/9/2017 7:56:21 AM Page 5 of 12 LIGHT& POWER WARRANT REGISTER NO.437 MAY 16, 2017 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT LLC ICE US OTC COMMODITY 055.9200.596200 1,122.50 Min.Commission Fees for Rev Line 317001688088(2) 6391 MARKS 05/01/2017 1,122.50 POWER SETTLEMENTS 055.9200.596200 8,755.00 Consulting Services 05117 VERN18 6392 CONSULTING 05/01/2017 8,755.00 CALIFORNIA ISO 055.9200.500150 118,951.51 Initial Charges 04117 201704263135010 6393 022 055.9200.500170 4,673.90 Initial Charges 04117 201704263135010 6393 022 055.9200.500210 15,423.40 Initial Charges 04117 201704263135010 6393 022 055.9200.500190 -42,403.30 Initial Charges 04117 201704263135010 6393 022 055.9200.500150 331.36 Recalculation Charges 04117 201704263135010 6393 022 055.9200.500190 3,536.84 Recalculation Charges 04117 201704263135010 6393 022 055.9200.500210 62.22 Recalculation Charges 04117 201704263135010 6393 022 065.9200.500170 -428.56 Recalculation Charges 04117 201704263135010 6393 022 05/02/2017 100,146.37 SO CAL PUBLIC POWER 055.9200.500154 137,438.51 Antelope DSR 1 Solar Project DSR10417 6394 AUTHORITY 05/0212017 137,438.51 Printed:51912017 7:56:21AM Page 6 of 12 LIGHT& POWER WARRANT REGISTER NO.437 MAY 16, 2017 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT SO CAL PUBLIC POWER 055.9200.500154 334,193.15 Puente Hills Landfill Gas Project PHL0417 6395 AUTHORITY 05/02/2017 334,193,15 SO CAL EDISON 055.9200.500170 147,160.00 Mead-Laguna Bell 03117 7500773667 6396 055.9200.500170 62,260.00 Victorville-Lugo Vernon 04117 7500773696 6396 055.9200.500170 24,669.00 Laguna Bell 04117 7500773697 6396 05/02/2017 234,089.00 TOTAL WIRES $ 1,648,232.74 Printed 5/9/2017 7:56 21 AM Page 7 of 12 LIGHT & POWER WARRANT REGISTER NO.437 MAY 16, 2017 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT AT&T MOBILITY 055.9000.560010 204.12 Period: 03/17 83217648OX04162 512691 017 04/25/2017 204.12 MICHAEL HENDRICKSON 055.8000.502030 393.00 Vision Benefits/M. Hendrickson 041017 512692 04/25/2017 393.00 INCA THRONE CO 055.8100.596200 298.32 Portable Restrooms 497890 512693 04/27/2017 298.32 LP BLOOMBERG FINANCE 055.9200.596200 270.75 NY Mercantile Exchange 5603798367 512694 055.9200.596200 11,250.00 Bloomberg Terminal 5603798368 512694 04/27/2017 11,520.75 IRENE CASTILLO 055.9000.596500 44.94 Speed Reading wl Evelyn Wood- 042017 512695 04/27/2017 44.94 DEWEY PEST CONTROL 055.8400.590000 122.00 Period:04/17 10860245 512696 04/27/2017 122.00 FEDEX 055.9000.520000 72.45 Period:04/17 577123482(2) 512697 04/27/2017 72.45 INC HAUL AWAY RUBBISH 055.8400.596200 197.00 Hauling Services 73XO0247 512698 SERVICE 04/2712017 197.00 LISA UMEDA 055.9000.596500 98.00 NERC Human Performance Conference 042017 512699 04/27/2017 98.00 Printed:5/9/2017 7:56:21AM Pape 8 of 12 LIGHT& POWER WARRANT REGISTER NO. 437 MAY 16, 2017 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT UPS 055.8000.590000 25.72 Period:04/17 933312157(2) 512700 04/27/2017 25.72 INC BECKWITH ELECTRIC CO 055.8000.590000 3.190.00 LTC Controllers- 22717 055.0002498 512701 055.8000.590000 57.79 Freight 22717 055.0002498 512701 055.8000.590000 279.13 Sales Tax 8.75 22717 512701 05/02/2017 3,526.92 TECHNOLOGY FOR ENERGY 055.8000.590000 1,590.00 7330 System Recalibratlon- 21921 055.0002503 512702 CORP 055.8000.590000 195.00 FLEX1000 RECAL(0-1000A)- 21921 055.0002503 512702 055.8000.590000 57.92 Freight 21921 055.0002503 512702 05/02/2017 1,842.92 CH2M HILL ENGINEERS, INC. 055.9000.596200 5,399.60 Env Support Services 381101124 512703 05/0412017 5,399.60 MAYWOOD CAR WASH 055.8100.570000 57.00 Full Service Car Wash- 890 065.0002410 512704 055.8100.570000 95.00 Full Service Car Wash- 897 055.0002410 512704 05/04/2017 152.00 HILDA MORENO 055.9000.596500 30.62 Payroll Law 050117 512705 05/04/2017 30.62 PROPORTION FOODS 055.7200.596702 1,937.55 Customer Incentive Program 042717 512706 05/04/2017 1,937.55 UPS 055.8000,590000 12.74 Period:04117 933312167(2) 512707 Printed:5l9I2017 7:56:21AM Page 9 of 12 LIGHT& POWER WARRANT REGISTER NO.437 MAY 16, 2017 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 05/04/2017 12.74 INC V&L PRODUCE 055.7200.596702 7,713.75 Customer Incentive Program 042717 512708 05/04/2017 7,713.75 TOTAL EARLY CHECKS 33.592-40 Printed:5/9/2017 7:56:21AM Pape 10 of 12 LIGHT& POWER WARRANT REGISTER NO. 437 MAY 16, 2017 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT JESSICA BALANDRAN 055.9000.596500 17.33 Regulatory Introduction— 042517 512709 17.33 EDW IN OCHOA 055.8100.502030 446.46 Vision Benefits 1 E.Ochoa 042517 512710 446.46 INC PORT CANAVERAL PWR 055.9000.596200 9,200.00 Consulting Services VERNPVHAPRIL2 512711 CONSULT 017 9,200.00 SHAHRAM SHARIFZADEH 055.9200.596500 50.93 Wholesale Marketing and Trading 042517 512712 50.93 TOTAL PRINTED CHECKS $ 9,714.72 Printed:5/912017 7:56:21AM Page 11 of 12 LIGHT & POWER WARRANT REGISTER NO. 437 MAY 16, 2017 RECAP BY FUND _ - EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 055-LIGHT&POWER $ 1,648,232.74 $ 33.592.40 $ 9.714.72 $ 1,691,539.86 GRAND TOTAL $ 1,648,232.74 s 33,592.40 $ 9,714.72 S 1,691,639.86 TOTAL CHECKS TO BE PRINTED 4 Printed:519/2017 7:56:21AM Page 12 of 12 vv MAY 10 2017 CIjY CLERK'S OFFICE �4Y 092017 STAFF REPORT clr�Afl4flNIS FINANCE/TREASURY DEPARTMENT rRAT10j 04- .517-1 ? DATE: May 9, 2017 TO: Honorable Mayor and City Council ' +FROM: William Fox, Finance Director VV RE: Gas Warrant Register for City Council Agenda of May 16, 2017 It is recommended that the attached Gas Warrant Register No. 225 be approved at the City Council meeting of May 16, 2017. Gas Warrant Register No. 225 totals $1,295,341.45, and covers claims and demands presented during the period of April 25 through May 08, 2017, drawn, or to be drawn, from East West Bank. The following list details the components of Gas Warrant Register No. 225: 1. Ratification of wire transfers totaling $1,273,820.97; 2. Ratification of the issuance of early checks totaling $13,230.56; and 3. Authorization to issue pending checks totaling $8,289.92. . f i CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 225 MAY 16, 2017 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 51912017 8:00:39AM Pape 2 of 7 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 225 MAY 16, 2017 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.* ISSUED NUMBER AMOUNT US BANK CORPORATE 056.5600.596700 58.25 Meals/Gas Division Meeting 032217(48) 566 05/02/2017 68 2., BP ENERGY COMPANY 056.5600.500160 111,475.00 Natural GAs 03/17 1432053 567 04/25/2017 111,475.00 INC CITIGROUP ENERGY 056.5600.500167 33,480.00 Natural Gas 03117 5972884 568 056.5600.500168 -1,891.00 Natural Gas 03/17 5972884 568 04/25/2017 31,589.00 CONOCO PHILLIPS COMPANY 056.5600.500160 109,904.75 Natural Gas 03/17 82414 569 04/25/2017 109,904.75 LLC EDF TRADING NORTH 056.5600.500160 123,612.30 Natural Gas 03117 201690 570 AMERICA 04/25/2017 123,612.30 LLC FREEPOINT COMMODITIES 056.5600.500160 42,064.76 Natural Gas 03/17 525218 571 04/25/2017 42,064.76 LLC MACQUARIE ENERGY 056.5600.500160 234,773.75 Natural Gas 03/17 GAS100074605 572 04/25/2017 234,773.75 INC OCCIDENTAL ENERGY 056.5600.500160 3,971.25 Natural Gas 03/17 4116664 573 MARKETIN 04/25/2017 3,971.25 LLC PACIFIC SUMMIT ENERGY 056.5600.500160 12,600.00 Natural Gas 03117 216132 574 04/25/2017 12,600.00 Printed:51912017 8.00:39AM Page 3 of 7 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 225 MAY 16, 2017 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P_O_# ISSUED NUMBER AMOUNT LP SEQUENT ENERGY 056.5600.500160 278,841.25 Natural Gas 03117 2684460 575 MANAGEMENT 04/25/2017 278,841.25 THE GAS COMPANY 056.5600.500160 324,930.66 Natural Gas 03117 201703GS035 5 7[; 05/01/2017 324,930.66 TOTAL WIRES $ 1,273,820.97 Printed:5/9/2017 8 00:39AM Page 4 of 7 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 225 MAY 16, 2017 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT INC INTERSTATE GAS SERVICES 056.5600.596200 13,124.47 Consulting Services 03117 7021364 1558 04/25/2017 13,124.47 DEWEY PEST CONTROL 056.5600.590000 65.00 Period:04117 10879322 1559 04/27/2017 65.00 THE GAS COMPANY 056.5600.560000 22.09 Period: 03117 041217(3) 1560 04/27/2017 22.09 MAYWOOD CAR WASH 066.5600.570000 9.50 Car Wash Services- 890(2) 056.0000408 1561 056.5600.570000 9.50 Car Wash Services- 897(2) 056.0000408 1561 05/04/2017 19.00 TOTAL EARLY CHECKS $ 13,230.56 Printed:5/912017 8:00:39AM Page 5 of 7 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 225 MAY 16, 2017 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT INC A-BEST INDUSTRIAL 056.5600.590000 1,011.28 AB-ELEP2060-25M- IN9258 056.0000443 1562 056.5600.590000 1,070.80 AB-ELEP18136-25M- IN9258 056.0000443 1562 056.5600.590000 22.77 Freight IN9258 056.0000443 1562 056.5600.590000 182.18 Sales Tax 8.75 IN9258 1562 2,287.03 P&F DISTRIBUTORS 056.5600.590000 300.00 Pipe Gas,2"x 20- 111459IN 056.0000439 1563 056.5600.590000 720.00 Pipe Gas, 3"x 20- 1114591N 056.0000439 1563 056.5600.590000 200.00 Pipe Gas,4"x 20-- 111459IN 056.0000439 1563 056.5600.590000 1.620.00 Pipe Gas,6"x 20- 111459IN 056.0000439 1563 056.5600.590000 150.00 Elbow 90 BF, 6"- 111459IN 056.0000439 1563 056.5600.590000 330.00 Coupling EF,6"- 111459IN 056.0000439 1563 056.5600.590000 305.00 Walworth Threaded Valve,2"- 111459IN 056.0000439 1563 056.5600.590000 888,00 Walworth Flanged Valve,4"- 111459IN 056.0000439 1563 056.5600.590000 450.00 Freight 111459IN 056.0000439 1563 056.5600.590000 394.89 Sales Tax 8.75 111459IN 1563 5,357.89 INC SECURITY NETWORK 056.5600.590000 645.00 Alarm Keypad 48655S 1564 645.00 TOTAL PRINTED CHECKS $ 8,289.92 Printed:5/912017 8:00:39AM Page 6 of 7 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 225 MAY 16, 2017 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 056-NATURAL GAS $ 1,273,820.97 $ 13,230.56 $ 8,289.92 $ 1,295,341.45 GRAND TOTAL $ 1,273,820.97 S 13,230.56 $ 8,289.92 $ 1,295,341.45 TOTAL CHECKS TO BE PRINTED 3 Printed:5/9/2017 8 00:39AM Pape 7 of 7 RECEIVED MAY 10 2017 lop r. LT,M,4 CITY CLERK'S OFFICEd__ STAFF REPORT CITY ADMINISTRATION DATE: May 16, 2017 TO: Honorable Mayor and City Council FROM: Carlos R. Fandino,Jr., City Administrator Originator: Diana Figueroa, Administrative Analyst RE: Informational Report Regarding Establishment of New Agreement with Century 21 Allstars and Luther Sanchez to Serve as the City's Real Estate Agent for the Sale of Two Residential Huntington Park Properties Recommendation A. Find that the establishment of a new agreement with Century 21 Allstars and Luther Sanchez to serve as the City's real estate agent for the sale of residential property owned by the City is exempt from the California Environmental Quality Act ("CEQA") 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 even if such action were a "project", it would be exempt from CEQA review 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. Receive and file this report, as it is for informational purposes and does not require action by the City Council. All terms and conditions of each sale of residential property owned by the City will be subject to final approval by the City Council. Background At the June 8, 2016 Vernon Housing Commission ("VHC") meeting, Commission members requested an update on the status and maintenance costs of the two Huntington Park condominium properties owned by the City. The two properties are located at 6010 Oak Street and 2915 E. 601h Place in the City of Huntington Park. Initially, both units were vacated with the understanding that existing tenants in non-remodeled City-owned units would relocate temporarily to the Huntington Park properties in order to accommodate the ongoing housing remodel project. Since then, staff received no interest from tenants regarding relocation. As a result, the units have been vacant for over a year. At the September 14, 2016 VHC meeting, staff presented the Commission members with a report of the maintenance costs and advantages and disadvantages of selling the two Huntington Park condominium properties. Ultimately, the VHC recommended that the City Council to move forward with the proposed sale of the two units. Staff presented the Housing Commission's recommendation at the regularly scheduled October 4, 2016 City Council meeting. The Council authorized staff to proceed with the divestment of the Huntington Park properties. Staff then determined that an independent real estate agent would be needed for the sale. 2015 RFP Process for Sale of Three Huntington Park Properties On June 1, 2015, the City issued a Request for Proposals ("RFP") for a residential real estate agent for the sale of real property owned by the City of Vernon. The RFP was posted on the City's website, advertised in the Vernon Sun, and mailed to nearly thirty (30) agencies and associations serving the Los Angeles area. As of the close of the response period on June 23, 2015, the City received eight (S) proposals. All eight proposals met the minimum qualifications and requirements set forth in the RFP, and all eight were evaluated by a review panel consisting of Kevin Wilson, Director of Public Works, Water and Development Services; William Fox, Finance Director; Alex Kung, Economic Development Manager; and Stuart Leviton, Special Legal Counsel to the City and the Housing Commission. The proposals were evaluated and scored according to the selection criteria outlined in the RFP. The scoring clearly delineated four high ranking respondents which were all within a 6-point range. Given the City's goal of selecting the respondent with the most relevant experience and expertise in the Huntington Park market, the top four respondents were interviewed on August 6, 2015. The interview panel consisted of the same four members of the RFP review panel. Based on the results of the interviews, the panel selected Luther Sanchez of Century 21 Allstars as the most qualified and best suited agent to meet the City's needs. Services Agreement On September 1, 2015, a services agreement with Luther Sanchez of Century 21 was executed in order to facilitate the sale of three city-owned properties in Huntington Park. The agent provided exceptional service to the City at that time and, therefore, staff will engage the agent to proceed with the sale of the two remaining Huntington Park units located at 6010 Oak Street and 2915 E. 60t' Place. As per Section 2.17.30(B) of the Vernon Municipal Code, professional services contracts shall be rebid every three years. Approximately two years have passed since the City elected to contract professional services from Luther Sanchez through a competitive selection process and, therefore, the City is able to proceed with the establishment of a new contract for the sale of the two remaining City-owned properties in Huntington Park while abiding by the parameters set forth in the Vernon Municipal Code. The new agreement will adhere to the terms and conditions that were approved in 2015 via resolution 2015-60. The agreement will be based on a 5% commission proposed for each sale. While not a market appraisal, current Zillow estimates for the properties are $344,868 and $392,712 for 6010 Oak Street and 2915 E. 60" Place, respectively. This provides a frame of reference for the fair market values. A thorough market analysis will be conducted to determine the actual listing prices of each property. Council will be apprised of offers received and approval will be sought prior to placing either property into escrow. Fiscal Impact Based upon a 5% agent commission, estimated inspection fees, any ancillary repair costs, and estimated closing costs, the City anticipates that the total expenses to be paid from the sale proceeds will be approximately $55,000. Said anticipated revenue and costs are included in the City's 2017/2018 fiscal year budget. Attachment(s) None. 4r of 4 RECEIVED 5-9-1 ? MAY 10 2017 FIRE DEPARTMENT 4305 Santa Fe Avenue,Vernon,California 90058 CITY CLERK'S OFFICE Telephone(323)583-8811 Fax(323)826-1407 RECEIVED May 9, 2017 MAY D 9 2017 CITY ADMINISTRATION Honorable Mayor and City Council City of Vernon Honorable Members: Attached is a copy of the Vernon Fire Department Activity Report which covers the period of April 16, 2017 through April 30, 2017. Respectfully Submitted. U t e-A Bruce K. English Fire Chief BKE:ar Fireletnow FXcfusivefy Industriaf VERNON FIRE DEPARTMENT COMPANY ACTIVITIES April 16, 2017 to April 30, 2017 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections(#}: 22 534 67 440 Re-Inspections (#): 6 53 5 52 Spec. Haz. inspections (#): 1 9 2 70 Total Inspections: 29 596 74 562 Total Man Hours: 44 742 101 809 TRAINING(HOURS), Firefighting 74 631 112 840 Hazardous Materials 25 232 34 318 Safety 132 999 121 1025 Apparatus Operations 130 993 122 1024 Equipment Operations 129 982 122 1029 CPR 0 30 3 13 First Aid 38 196 30 229 Total Hours: 528 4063) 544 4478 PRE-INCIDENT.(HOURS): Planning 78 655 101 716 District Familiarization 97 713 84 702 Total Hours: 175 1368 185 1418 PERIODIC TEST(HOURS Hose Testing 0 1 2 6 Pump Testing 0 3 0 4 Total Hours: 0 4 10 Page ] PUBLIC SERVICE PROGRAMS (HOURS) School Programs 2 7 8 14 Fire Brigades 0 4 3 0 Emergency Preparedness 10 100 7 94 Total Hours: 12 111 18 108 ROUTINE MAINTENANCE (HOURS): Station 124 976 120 993 Apparatus 125 990 123 1011 Equipment 135 1008 128 1050 Total Hours: 384 2974 371 3054 Grand Total Hours: 1143 9262 1221 9877 Tireactivity Page 2 RECEIVED of 'Oer MAY 10 2017 t# Ito tj CITY CLERK'S OFFICE HEALTH&ENVIRONMENTAL CONTROL DEPARTMENT Keith Allen,Director 1 Health Officer 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 RECEIVED May 16,2017 MAY 0 2 2017 Honorable City Council CITY ADMINISTRATION City of Vernon Vernon, California 6� s-`q—, Honorable Members: Attached is a listing of the monthly activities for the Health and Environmental Control Department which cover the period from April 1, 2017 through April 30, 2017. Respectfully submitted, Keith Allen Director Exclusively Industrial • OF E JV �V IDIM VSOXOTV Cd April, 2017 MONTHLY REPORT Keith Allen, Director HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT MONTHLY REPORT APRIL, 2017 HAZARDOUS MATERIALS CONTROL Our staff continued to conduct routine inspections and assisted business representatives to properly complete annual Hazardous Materials Business Plan forms using the new California Environmental Reporting System (CERS) which allows electronic submittals of hazardous materials inventories and permit information. Zero Class 1 violations were found, 61 Class 2/Minor violations were noted during routine inspections performed of hazardous materials facilities. Department staff will continue to monitor these facilities to ensure that all violations have been corrected. Please note: According to The California Department of Toxic Substances Control (DTSC), violation types are defined as: Class I Violation: The Health and Safety Code (HSC) section 25110.8.5 defines a Class I Violation as a violation that is a significant threat to human health or safety or the environment because of volume, hazardousness, and/or proximity to population at risk. A Class I Violation is also a violation that could result in a failure to ensure adequate financial assurance, perform corrective action or emergency cleanup; or a repeating Class II Violation committed by a recalcitrant violator. Class II Violation: The California Code of Regulation (CCR), title 22, section 66260.10 and Health and Safety Code (HSC) section 25110.8.5, subdivision (b) define a Class II Violation as a violation that is not a Class I Violation and does not meet the conditions of a Minor Violation. Minor Violation: The Health and Safety Code (HSC) section 25117.6 defines a Minor Violation as a subset of a Class II Violation that is not knowing, willful or intentional, does not enable the Respondent to gain an economic benefit for noncompliance, is not chronic or is not committed by a recalcitrant violator. Closure and cleanup activities included the ongoing site assessments/closure at Exide Technologies on Indiana Street, the former Pechiney facility on Fruitland Avenue, and 4060 E. 26th Street at the former U.S. Fertilizer site. The Health Department continued to be an active participant with the Exide Technologies closure. Director Keith Allen and Chief Deputy Director David LeDuff engaged in regular conference call meetings with DTSC and other supporting agencies. As a reminder, the City's website has an Exide information page for the public to obtain information. • • • • Chief Deputy Director David LeDuff prepared and submitted the April, 2017 CUPA evaluation response to CaIEPA. Our department has continued to make significant progress in addressing deficiencies noted during CalEPA's initial evaluation back in September, 2015. The Department has continued to coordinate efforts to correct deficiencies noted during the Vernon CUPA evaluation conducted by CalEPA in September, 2015. Vernon HECD staff has been making a diligent effort to comply with CalEPA's requests. UNDERGROUND TANK PROGRAM No underground storage tanks (UST) were removed during the month. Four underground storage tanks were inspected by staff, which yielded violations that have been corrected. . . . . Chief Deputy Director David LeDuff assisted the Department of Public Works with their required annual CERS submittals for all of the City's tanks. FOOD PROGRAM Staff continued in conducting inspections of the food facilities throughout the City as part of a routine basis by the Department. All noted violations during these inspections were corrected. . . . . Senior Environmental Health Specialist Lyndon Ong Yiu and Environmental Specialist Erik Cheng conducted several plan checks and construction inspections of proposed remodeling and new construction for food facilities. Lyndon and Erik also monitored construction of new food facilities. ENVIRONMENTAL PROTECTION Director Keith Allen and Chief Deputy Director David LeDuff met with officials from the Greater LA County Vector Control District (GLACVCD)to continue the discussion of a service contract with the GLACVCD for mosquito control services in the City. Health Department staff inspected 5 garment manufacturing facilities and found no major violations. . . . Environmental Specialist Erik Cheng conducted weekly surveys of the Los Angeles River for mosquitoes. Pockets of activity were noted, and all mosquito larvae were physically eliminated. In collaboration with the Public Works Department, Senior Environmental Specialist Jerrick Torres assisted with storm water inspections and plan reviews. The Health Department hired an Environmental Health Intern from a pool of 55 college student applicants to assist the Department with CERS submittals for Vernon businesses. SOLID WASTE PROGRAM Senior Environmental Health Specialist Linda Johnson conducted inspections of solid waste facilities throughout the City as part of a routine basis by the Department. No violations were noted during these inspections. EMERGENCY RESPONSE The month was notable for emergency response actions. Department Registered Environmental Health Specialists responded to the following: an ammonia leak at a food processing plant, and an unknown non- hazmat substance at a former food processor plant. News Release 9CZPH CALIFORNIA DEPARTMENT OF PUBLIC HEALTH FOR IMMEDIATE RELEASE April 28, 2017 PH17-M CONTACT: Ali Bay or Corey Egel 1916.440.72591 CDPHpress0-cdph.ca.gov CDPH Confirms First Human West Nile Virus Illness of 2017 SACRAMENTO —The California Department of Public Health (CDPH) announced the first confirmed illness in California due to West Nile virus (WNV). The illness occurred in Kings County. "West Nile virus activity in the state is increasing, so I urge Californians to take every possible precaution to protect against mosquito bites," said CDPH Director and State Public Health Officer Dr. Karen Smith. This year to date, West Nile virus activity has been detected in three dead birds, one each from San Mateo, Orange, and San Diego counties. Heavy rains this winter in California have contributed to an increase in mosquito breeding sites. It is not known what impact the wet weather may have on the actual virus transmission risk in humans. So far this season, West Nile activity is within expected levels. West Nile virus is influenced by many factors, including climate, the number and types of birds and mosquitoes in an area and the level of West Nile immunity in birds. West Nile virus is transmitted to humans and animals by the bite of an infected mosquito. The risk of serious illness to most people is low. However, some individuals — less than 1 percent— can develop serious neurologic illnesses such as encephalitis or meningitis. People 50 years of age and older, and individuals with diabetes or hypertension, have a higher chance of getting sick and are more likely to develop complications. CDPH recommends that individuals protect against mosquito bites and WNV by practicing the "Three Ds": 1. DEET—Apply insect repellent containing DEET, picaradin, oil of lemon eucalyptus or IR3535 according to label instructions. Repellents keep the mosquitoes from biting you. Insect repellents should not be used on children under two months of age. 2. DAWN AND DUSK— Mosquitoes usually bite in the early morning and evening so it is important to wear proper clothing and repellent if outside during these times. Make sure that your doors and windows have tight-fitting screens to keep out mosquitoes. Repair or replace screens that have tears or holes. 3. DRAIN — Mosquitoes lay their eggs on standing water. Eliminate all sources of standing water on your property, by emptying flower pots, old car tires, buckets, and other containers. If you know of a swimming pool that is not being properly maintained, please contact your local mosquito and vector control agency. California's West Nile virus website includes the latest information on WNV activity in the state. Californians are encouraged to report dead birds on the website or by calling toll-free 1-877-WNV-BIRD (968-2473). www.cdph.ca.gov RF7Frt--'"=qVED Of r MAY 03 2011 f _ _ _ ott r CI l Y CER S OFFICE POLICE DEPARTMENT RECEIVE,) Daniel Calleros,Chief of Police 4305 Santa Fe Avenue, Vernon,California 90058 Telephone(323)587-5171 Fax (323)826-1481 M4Y 2W rATY AMNI TRATION May 1 2017 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., April 16, 2017 up to and including midnight of April 30, 2017. Respectfully submitted, VERNON POLICE DEPARTMENT DANIEL CALLEROS CHIEF OF POLICE DC/ar/dr E;cl sivefy Industriaf VERNON POLICE DEPARTMENT Department Activity Report First Date: 04/1612017 Jurisdiction: VERNON Last Date: 04/30/2017 Department Complaint All Units Primary Unit Type Description VPD 10-6 OFFICER IS 10-6 C7,961,962,10-10.WASH,EQUIPA 131 125 10-96H PICK UP THE JAIL PAPER WORK FROM HP JAIL 1 1 10-96M 10-96 MARY(MAIL DETAIL) 5 4 140 SUPPLEMENTAL REPORT 2 1 166 COURT ORDER VIOLATION 6 2 20002R NON-INJURY HIT AND RUN REPORT 21 14 211S S I LENT ROBBERY ALARM 4 1 242 BATTERY 4 1 242R BATTERY REPORT 2 2 273.5 DOMESTIC VIOLENCE 9 2 314 INDECENT EXPOSURE 7 2 314R INDECENT EXPOSURE REPORT 1 1 415 DISTURBING THE PEACE 9 3 417 BRANDISHING A WEAPON 2 L 422R TERRORIST THREATS REPORT 2 1 451R ARSON REPORT 4 I 459 BURGLARY 6 2 459A AUDIBLE BURGLARY ALARM 154 91 459S SILENT BURGLARY ALARM 5 3 459VR BURGLARY TO A VEHICLE REPORT 3 3 470R FORGERY REPORT 1 1 484 PETTY THEFT 7 3 484R PETTY THEFT REPORT 11 4 487R GRAND THEFT REPORT 6 4 586 PARKING PROBLEM 32 28 594 VANDALISM 9 4 594R VANDALISM REPORT 4 2 602 TRESPASS 19 6 602R TRESPASS REPORT 1 1 653M ANNOYING PHONE CALLS 1 1 901 UNKNOWN INJURY TRAFFIC COLLISION 3 1 901T INJURY TRAFFIC COLLISION 2 1 901TR INJURY TRAFFIC COLLISION REPORT 4 2 902T NON-INJURY TRAFFIC COLLISION 79 43 902TR NON-INJURY TRAFFIC COLLISION REPORT 3 2 909C TRAFFIC CONTROL 7 4 909T TRAFFIC HAZARD 12 8 911 911 MISUSE 1 HANGUP 3 3 911A CONTACT THE REPORTING PARTY 19 13 920PR LOST PROPERTY REPORT 1 1 925 SUSPICIOUS CIRCUMSTANCES 39 15 927 UNKNOWN TROUBLE 3 1 AB109 PROBATION 1 PAROLE COMPLIANCE CHECKS 2 1 AGGR AN AGGRESSIVE ANIMAL 4 1 ASTVFD ASSIST VERNON FIRE DEPARTMENT 30 19 BOSIG BROKEN SIGNAL OR LIGHT 5 3 BOVEH BROKEN DOWN VEHICLE 10 9 CITCK CITATION CHECK 2 2 05/01/2017 06:11:30 Page 1 of VERNON POLICE DEPARTMENT Department A ctivio Report First Date: 04/1612017 Jurisdiction: VERNON Last Date: 04/30/2017 Department complaint All Units Primary Unit Type Description VPD CODE5 SURVEILLANCE/STAKE-OUT 1 1 COP COP DETAIL 2 1 DARE D.A.R.E.ACTIVITIES 2 2 DEMOSTRA DEMONSTRATION 4 2 DIET DETECTIVE INVESTIGATION 30 11 DETAIL DETAIL 1 L DOA DEAD ON ARRIVAL 6 1 DPTAST DEPARTMENTAL ASSIST 1 1 FILING OFFICER IS 10-6 REPORT WRITING 63 58 FOUND FOUND PROPERTY REPORT 2 2 FU FOLLOW UP 8 7 GTA GRAND THEFT AUTO 1 1 GTAR GRAND THEFT AUTO REPORT 11 8 HBC HAILED BY A CITIZEN 5 2 ILLDPG RPT ILLEGAL DUMPING REPORT 1 1 KTP KEEP THE PEACE 4 2 LOCATE LOCATED VERNON STOLEN VEHICLE 2 2 LPR LICENSE PLATE READER 10 2 MISPR MISSING PERSON REPORT 1 l MR60 MISC REPORT 4 1 PANIC ALARM PANIC ALARM/DURESS ALARM 3 1 PAPD PUBLIC ASSIST-POLICE 1 1 PATCK PATROL CHECK 88 78 PEDCK PEDESTRIAN CHECK 44 24 PLATE LOST OR STOLEN PLATES REPORT 1 1 PRSTRAN PRISONER TRANSPORTED 11 11 REC RECOVERED STOLEN VEHICLE 25 8 REPO REPOSSESSION 1 1 SPEED SPEED CONTEST OR SPEEDING(23109) 9 5 SPEEDTRAILE TO BE USED WHEN THE TRAILERS ARE DEPLOY[ 2 2 STRAY STRAY DOG/ANIMAL 1 1 SUICIDE SUICIDE ATTEMPT 5 1 TRAFFIC STOI TRAFFIC STOP 290 247 UNATTACHED UNATTACHED TRAILER 1 1 VCK VEHICLE CHECK 77 59 VEH RELEASE VEHICLE RELEASE 14 11 VIDEOCHECK VIDEO EQUIPMENT CHECK(10-96 V) 1 1 WARRANT WARRANT ARREST 8 6 WELCK WELFARE CHECK 13 7 Department: 1451 1017 Overall: 1451 1017 05/01/2017 06.11.30 Page 2 of 2 VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 04/30/17 TRAFFIC COLLISIONS NO. PROPERTY RECOVERED TOTAL 18 VEHICLES: $50,500.00 NON-INJURY 15 INJURY 3 Pedestrian Fatalities City Property Damage 2 Hit &Run (Misdemeanor) 5 Hit &Run (Felony) 1 Persons Injured 6 VEHICLES STORED PROPERTY RECOVERED FOR Unlicensed Driver 9 OTHER DEPARTMENTS Abandoned/Stored Vehicle 19 VEHICLES: $24,802.00 Traffic Hazard CITATIONS Citations Iss (Prisoner Release) 17 Citations Iss (Moving) 246 Citations Iss (Parking) 50 Citations Iss (Total) 296 Hazardous 63 Non-Hazardous 183 Other Violations CASES CLEARED BY ARREST AR17-186 CR17-0660 11364(A) HS AR17-188 CR17-0671 10851(A) VC AR17-190 CR17-0672 11364(A) HS AR17-193 CR17-0705 11364(A) HS AR17-197 CR17-0720 11352(A) HS AR17-202 CR17-0721 11364(A) HS AR17-203 CR17-0724 11364(A) HS AR17-204 CR17-0725 10851(A) VC AR 17-206 CR17-0732 11364(A) HS AR17-208 CR17-0739 245(A)(1) PC AR17-210 CR17-0753 11377(A) HS AR17-213 CR17-0755 10851(A) VC VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING 04/30/2017 ADULT FELONY ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL ASSAULT WITH A DEADLY WEAPON 1 1 BURGLARY DOMESTIC VIOLENCE ROBBERY _ TRANSPORT/SELL NARCOTIC 5 5 VEHICLE THEFT 3 3 WARRANT(VERNON CASE) 1 1 WARRANT(OUTSIDE AGENCY) 2 2 TOTAL FELONY ARRESTS 11 i 12 ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL DRIVING UNDER THE INFLUENCE 1 1 2 POSSESS CONCEALABLE BATON _ POSSESS CONTROLLED SUBSTANCE 1 1 POSSESS NARC. PARAPHERNALIA 7 7 TRESPASSING VANDALISM VIOLATE COURT ORDER WARRANT(VERNON CASE) _ 6 6 WARRANT (OUTSIDE AGENCY) 1 1 TOTAL MISD. ARRESTS 15 2 17 IUVENIL€S DETAINED --- FELONY AND MISDEMEANOR MALE FEMALE TOTAL BURGLARY MINOR POSS. 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Q � � a S ¢Q�1 ;� a W Q w Q ¢ O ¢ LL O ¢ M Q N of of z t ? 4 A o zz z wz wz z p T (nn0Zw z w w Co 7 u IN GL ,� G ❑ o ❑ ❑ d d p ❑ ❑ ❑ 7 > > > 7 > OD > ? v O Q o O N V � Q CL�I •d _M Y � U � U � `� �I V � 7 o � � U z Fmv O zIr v h a i U W ❑ a ri 0 A > > j 5 o v � > 7 w ,nc0.> o •4 � 110 o°S t °°o o°° a o 00 0 o v e � qr c o o C N N N RECEIVED RECEIVED MAY 10 2017 MAY 09 � CITY cLERK's OFFICE STAFF REPORT ,,- , VERNON PUBLIC UTILITIES DATE: May 16, 2017 TO: Honorable Mayor and City Council FROM: Kelly Nguyen, General Manager of Public Utilities 4A RE: Report on Renewable Energy Credits Procurement Recommendation A. Receive and file report, as it is being provided for informational purposes only. Backaround On April 12, 2011, Governor Brown, signed into law the California Renewable Energy Resources Act, ("SBX12") Requiring all load serving entities in California to achieve a 33% Renewable Portfolio Standard (RPS) by 2020. Additionally, SBX12 requires publicly owned utilities (POUs) such as the City of Vernon, (Vernon) to develop a procurement plan to meet these standards. In December 2011, the City of Vernon approved and adopted Resolution No. 2012-02 to comply with the Renewable Resources Procurement Plan and Enforcement Program. In an ongoing effort to fulfill mandated RPS compliance standards, the Resource Group issued a Request for Proposal (RFP) in February of 2017 to procure Bundled Renewable Energy and Credits (RECs). The responses received exceeded the expectations of the Resource Group with an average price of $7.83/REC. Instead of electing to establish an agreement with one of the respondents, City staff seized the opportunity to renegotiate its existing contracts with current suppliers. The Resource Group was able to leverage these results as a benchmark to negotiate 190,000 Category 2 (PCC2) RECs for Compliance Period 3 (1/1/2017 through 12/31/2020) from: Powerex, Nextera, and Shell with an average price of$6.34/REC. Fiscal Impact This measure exponentially reduced the cost from $1,487,700.00 to $1,204,600.00, thus achieving an overall savings of$283,100.00 for the City. Attachment(s) None. Page 1 of 1 RECEIVED RECEIVED MAY 10 2017 CITY CLERK'S OFFICE MAY 0 6 2017 STAFF REPORT (11TY AMINISTRATION PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT ; } DATE: May 2,2017 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson,Interim Director of Public Works Originator: Wendy Herrera,Permit Technician RE: MONTHLY BUILDING DEPARTMENT REPORT Enclosed herewith is the Monthly Building Report for the month of April 2017.Thank you. City of Vernon Building Department Monthly Report from 4/1/2017 to 4/30/2017 Type Valve #of Permits Electrical $770,000.00 9 Industrial- New $23,501,543.44 2 Industrial - Remodel $3,069,304.88 7 Mechanical $636,950.00 9 Miscellaneous $374,567.80 16 Plumbing $404,000.00 7 Roof $308,250.00 4 April 2017 TOTALS PERMITS: $29,064,616.12 54 PREVIOUS MONTHS TOTAL $9,596,786.00 123 YEAR TO DATE TOTAL $38,661,402.12 177 April 2016 TOTALS PERMITS: $ 1,971,469.00 43 PREVIOUS MONTHS TOTAL $ 12,006,895.00 144 PRIOR YEAR TO DATE TOTAL $ 13,978,364.00 187 Sa in Wilson Interim Director of Public Works City of Vernon ,,. Building Department Major Projects from 4/1/2017 to 4/30/2017 Valuations >20,000 Permit No. Project Address Tenant Description Job Value Electrical B-2017-1809 3200 SLAUSON AVE Electrical for new popcorn factory. 500000 APN 6310027023 B-2017-1818 6250 BOYLE AVE Replace 1,200A Main Service 39600 APN 6310027022 B-2016-1654 2848 LEONIS BLVD New lights/new panels/new lisght 35000 APN 6303023006 fixtures/outlets in new offices. B-2016-1610 5050 EVERETT CT Whole Foods New electrical for complete TI to 160000 APN 6304026017 existing building. New electrical panel, outlets, switch for kitchen equipment. B-2017-1729 2800 SOTO ST William Atkins Installation of new 30kw diesel 25000 APN 6303004801 generator 5 Record(s) $759,600.00 Industrial -New B-2016-1143 5300 BOYLE AVE Warehouse shell building, office 23451543.44 APN 6310008013 T.I.trash enclosures, covered storage, light pole, fences/gates and site work B-2017-1728 2800 SOTO ST Install one new equipment shelter, 50000 APN 6303004801 installation of one new 30KW diesel generator with 203 tank. Installtion of one new concrete pad and one new ATS box. 2 Records $23,501,543.44 Industrial -Remodel B-2016-1144 5300 BOYLE AVE 20,473 sf. of condtioned space for 1649304.88 APN 6310008013 new industrial building B-2016-1143 B-2016-1653 2848 LEONIS BLVD Interior tenant improvement. New 40000 APN 6303023006 ADA restrooms, Max 20%offices in warehouse and new break area. B-2016-1609 5050 EVERETT CT Whole Foods TI in an existing building with new 260000 APN 6304026017 restrooms. Roof equipment platform will be added to existing structural. B-2016-1628 3200 SLAUSON AVE Tenant improvement- New food 600000 APN 6310027023 process rooms. B-2016-1639 5300 BOYLE AVE RPlanet Earth Tenant Improvement of 500000 APN 6310008020 factory/warehouse shell building, including full height demising walls and utility rooms. 5 Records $3,049,304.88 Mechanical B-2016-1640 5300 BOYLE AVE RPlanet Earth Rooftop ventilation added for 165000 APN 6310008020 factory spaces. B-2016-1611 5050 EVERETT CT Whole Foods Installing new mechanical 160000 APN 6304026017 equipment for commercial kitchen in existing building. B-2016-1053 2500 ALAMEDA New HVAC service for construction 75000 APN 6302009043 of new retail development center B-2017-1858 5800 BOYLE AVE Equipment Value Permit. Mail 221000 APN 6310007003 4700/5000 Inj Molding Press replacement 4 Record(s) $621,000.00 Miscellaneous B-2017-1787 4575 LOMA VISTA AVE Install high pile storage racks -- 45000 APN 6304022059 see fire permit F-2017-0650 for storage heights B-2017-1691 3310 FRUITLAND AVE Repair concrete slab, replacement 30000 APN 6310002018 in kind. Sandblasting, primer. Structural: colums welding, replace rafter(s)padins and light gauge framing, OSB, Restroom wall framing. B-2017-1705 4575 MAYWOOD AVE Install racks in warehouse. See 35000 APN 6304028033 fire permit F-2017-0632 for storage heights B-2017-1765 2801 46TH ST FashionNova 60,390 sq.ft. storage rack. 150000 APN 6303014016 B-2017-1741 4415 PACIFIC BLVD Remove and replace (3)antennas. 25000 APN 6308006014 Install (3)new RRUS 5 Record(s) $285,000.00 Plumbing B-2016-1655 2848 LEONIS BLVD New ADA restroomslbreak area 45000 APN 6303023006 sink and new vent in restroom. B-2016-1612 5050 EVERETT CT Whole Foods New plumbing for restrooms and 100000 APN 6304026017 commercial kitchen for food prep. B-2016-1051 2500 ALAMEDA Restroom Plumbing for 75000 APN 6302009043 construction of new retail development center B-2016-1288 5300 BOYLE AVE rPlanet Earth Plumbing for factory/warehouse 160000 APN 6310008013 shell budding, office T.I.Restrooms, Showers 4 Record(s) $380,000.00 Roof B-2017-1810 5580 ALAMEDA ST Re-Roofing 138250 APN 6308017039 B-2017-1830 2300 VERNON AVE Tear off existing gravel roof. Install 27000 APN 6308012022 mineral surface cap roof over existing concrete. B-2017-1808 5500 SOTO ST Recover 68,000 s.f. of existing roof 125000 APN 6310015021 with Class A 4-ply built up roof. 3 Records $290,250.00 28 Permit(s) Total $28,886,698.32 Sa el even Wilson, Interim Director of Public Works 3 City of Vernon Building Department Demolition Report April 2017 None Sam !Lgvfn Wilson Into im Director of Public Works City of Vernon Building Department New Buildings Report-April 2017 5300 Boyle Ave Warehouse shell building, office T.I,trash enclosures, covered storage, light pole, fences/gates and site work. 305,350 sq.ft 2800 SotoSt Install one new equipment shelter, installation of one new 30KW diesel generator with 203 tank. Installtion of one new concrete pad and one new ATS box. 200 sq.ft. $rr� � ilsan Interim Director Public Works City of Vernon Building Department Status of Certificates of Occupancy Requests Month of April 2017 Request for Inspection 26 Approved 10 Pending 324 Temporary Occupancies 21 Sa el i ilson In erie„ Director of Public Wurks City of Vernon Certificate of Occupancy Issued Date from 4/1/2017 to 4/3012017 Issued PerTnitNo. Proiect Add ress Tenant Description Fees Paid Square Feet 4/5/2017 C-2016-0396 2100 25TH ST ABC Trading, Inc. Warehousing of 689.00 37956 APN 6302009020 toys 4/5/2017 C-2016-0571 2043 ROSS ST 99 Cent Only Stores Trucking/cross dock 689.00 7400 APN 6302011013 operation 4/5/2017 C-2015-0170 3013 BNSF RR Viva America Craft, Inc Warehousing of 30000 1000 APN party supplies 4/5/2017 C-2017-0601 4401 DOWNEY RD BLACK DIAMOND Office use 300.00 150 APN 6303017022 ASSETS MANAGEMENT LLC 4/5/2017 C-2017-0579 1980 25TH ST G Solution, Inc Finishing of 68900 15000 APN 6302009017 garments 4/5/2017 C-2016-0422 4575 DISTRICT BLVD Millenium Products, Inc. Food processing of 815.00 69510 APN 6304020033 organic tea's 4/17/2017 C-2017-0630 2680 BONNIE BEACH PL Dongbang Global Inc Warehousing of 300.00 3000 APN 5243019017 produce 4/26/2017 C-2017-0632 2525 FRUITLAND AVE ICCS USA Corporation Warehousing of 300.00 4000 APN 6308010030 Dba OJC USA general merchandise 4/26/2017 C-2017-0599 2525 FRUITLAND AVE Wang Globalnet Dba Warehousing of dry 689.00 39758 APN 6308010030 Hanmi foods and 4/05/2017 COO-003-584 4255 DISTRICT BLVD In &Out and Logistrics Sales of fresh &dry 200.00 1150 APN 6304-028-034 goods Total for Certificate of Occupancy: 4,971.00 178,924.00 Total Fees Paid 4,971.00 10 Permits(s) City of Vernon Certificate of Occupancy Applications Date From 411/2017 to 4/30/2017 Issued Permit No_ Prolect Address Tenant Description Fees Paid Square Feet C-2017-0663 4223 DISTRICT BLVD CA Delight Produce Inc. Office Use 300.00 100 APN 6304028016 C-2017-0664 3155 BANDINI BLVD Isabelle Handbags Inc. Handbag wholesale 689.00 48000 APN 6303001008 C-2017-0665 2890 54TH ST Twelve Months Apparel, Women's clothing 300.00 150 APN 6310010007 Inc. wholesale office C-2017-0666 3600 SOTO ST CNS Food Service Inc. Restaurant 300.00 1300 APN 6303004039 dba Enzo Restaurant C-2017-0667 1936 VERNON AVE Milienium Products Truck/trailer 300.00 40000 APN 6308013013 parking, employee parking C-2017-0668 4719 BOYLE AVE Shopangl.com Inc Office & 30000 3000 APN 6303021016 warehouse women's garments C-2017-0669 4719 BOYLE AVE Blue Bee Inc. Office& 30000 3000 APN 6303021016 warehouse women's garments C-2017-0670 6074 MALBURG WAY Five Four Group, LLC Warehouse 81500 52080 APN 6310027050 garments C-2017-0671 2370 E 48TH ST The Choice Produce, Inc. Warehousing 689.00 20399 APN 6308015043 produce C-2017-0672 5205 DOWNEY RD SOL - PAK Thermoforming Mfg. of 689.00 47572 APN 6310002010 Inc. thermoformed products C-2017-0673 4825 SOTO ST United Merchandising Warehouse general 689.00 32900 APN 6308002009 Group merchandise C-2017-0674 2300 48TH ST Xander Bicycle Distribution and light 815.00 63140 APN 6308015076 Corporation manufacture C-2017-0675 5510 SOTO ST Rosourceful Connection Embroidery & cut 300.00 4347 APN 6310015021 Inc. fabric C-2017-0676 2770 LEONIS BLVD American Golden Season Showroom 30000 570 APN 6308002009 (AGS) C-2017-0677 4700 DISTRICT BLVD Tadin, LLC Warehouse 68900 10600 APN 6304015001 products and raw materials C-2017-0678 4825 DISTRICT BLVD Torgom Trading Co Wholesale 68900 20000 APN 6304010006 vintage clothing City of Vernon Certificate of Occupancy Applications Date From 4/1/2017 to 4/30/2017 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet C-2017-0679 2665 LEONIS BLVD Arcadia Inc Warehouse aluminum 940.00 113576 APN 6308004013 C-2017-0680 3130 LEONIS BLVD Golden Tland Sewing garment sampling 300.00 630 APN 6303025009 3130 Leonis Blvd C-2017-0681 4700 ALCOA AVE Bon Appetit Danish Inc Production of 0.00 49988 APN 6303019011 4700 Alcoa Ave Wholesale Baked C-2017-0682 3850 SANTA FE AVE Trendone Apparel Corp Garment 30000 1000 APN 6302018016 manufacturing C-2017-0683 4371 49TH ST The Best P & D Inc. Warehouse general 689.00 9000 APN 6304025006 merchandise C-2017-0684 4230 CHARTER ST Cpzy Casual, Inc. Garment 689.00 12000 APN 6304021031 Manufacturing C-2017-0685 4230 CHARTER ST Dee No Apparel Inc. garment printing 689.00 13500 APN 6304021031 C-2017-0686 3031 VERNON AVE J & J Oil Gas station 300.00 2500 APN 6302020053 C-2017-0687 2947 44TH ST Milian Style USA Inc. Garment import 300.00 1000 APN 6303013049 C-2017-0688 4988 CORONA AVE Irvine Brewery Inc. Office use 300.00 100 APN 6304016015 Total for Certificate of Occupancy: 12,671.00 550,452.00 Total Fees Paid: 12,671.00 26 Permits(s) REOFWED *� . RECEIVED MAY 11 2017 0 .9 -+ MAY 11 2017 CITY CLERIC'S OFFICE ru CITY ADMINISTRATION STAFF REPORT PUBLIC WORKS DEPARTMENT DATE: May 16,2017 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson,Interim�or of Public Worts Department Originator: Lissette Melendez,Associate Engineer RE: Acceptance of Electrical Easement at 5370 Boyle Avenue (APN 6310-008-019) 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. Background The property located at 5370 Boyle Avenue is being developed and an easement is needed for the installation and maintenance of City owned electrical conduit and equipment serving the property. The Public Works Department has received a fully executed Electrical Easement by Boyle at 54th, LLC, a Delaware limited liability company for the property at the above-mentioned location, Assessor's Parcel No.6310-008-019. The easement has been reviewed and approved by the Vernon Public Utilities Department and has been approved as to form by the City Attorney's Office. Fiscal Impact Acceptance of the proposed Electrical Easement has no fiscal impact. Attachment(s) 1. Easement Deed 2. Certificate of Acceptance Page 1 of 1 RECEIVED ..� ., _ RECEIVED MAY 11 2017 MAY 11 2017 : :N CITY CLERIC'S OFFICE ` *#- CITY ADMINISTRATION STAFF REPORT PUBLIC WORKS DEPARTMENT DATE: May 16,2017 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson,Interim ffrector of Public Works Department Originator: Lissette Melendez,Associate Engineer RE: Acceptance of Electrical Easement at 5370 Boyle Avenue (APN 6310-008-019) 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. Background The property located at 5370 Boyle Avenue is being developed and an easement is needed for the installation and maintenance of City owned electrical conduit and equipment serving the property. The Public Works Department has received a fully executed Electrical Easement by Boyle at 54th, LLC, a Delaware limited liability company for the property at the above-mentioned location, Assessor's Parcel No. 6310-008-019. The easement has been reviewed and approved by the Vernon Public Utilities Department and has been approved as to form by the City Attorney's Office. Fiscal Impact Acceptance of the proposed Electrical Easement has no fiscal impact. Attachment(s) 1. Easement Deed 2. Certificate of Acceptance Page 1 of 1 RECORDING REQUESTED BY . and WHEN RECORDED MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn: City Clerk MAIL TAX STATEMENTS TO: Exempt_ SPAC'F A8nVF TREK f I\F RF$FR VFn FnR RrrnRr5FR'K I_ISF EASEMENT (ELECTRICAL) APN: 63104)08-019 DOCUMENTARY TRANSFER TAX IS NONE—NOT REQUIRED SEC. 11922 REVENUE TAXATION CODE. FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, Boyle at 50,LLC,a Delaware limited liability company (the"Grantor") HEREBY GRANT(S)TO: City of Vernon,a municipal corporation (the"Grantee") An easement for every purpose beneficial to the Vernon Gas &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, guys and anchors, crossarms, wires, cables, conduits, manholes, vaults, pull boxes, markers and other fixtures and appliances with the right of ingress and egress in, on, over, under, across and through that certain real property in the City of Vernon,County of Los Angeles, State of California, as described in Exhibit"A" attached hereto and incorporated herein by this reference, and as more particularly shown on the map attached hereto as Exhibit "B" and incorporated herein by this reference.This easement is on a portion of the property owned by the Grantor. The Grantee, and its employees shall have free access to said facilities and every part thereof, at all times, for the purpose of exercising the rights herein granted. Date: AP I; 1+ , 2017 Boyle at 541,LLC, a Delaware limited liability company "Grantor, Name. Title Sig+ ' Signature A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of DCa _ On 4/26/17 before me, _ a<'4% not, m, A ,en (Inwn Nww of Notary Public and Tide) personally appeared Gm""\ Saver who proved to me on the basis of satisfactory evidence to be the person( whose name( is/ao subscribed to the within instrument and acknowledged to me that I/she/tbgy executed the same in 0Acr/the/r authorized capacity(i/s), and that by hither/air signature on the instrument the person(s), or the entity upon behalf on which the person(A)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. SARAH LYNNE NORTON Commission#r 2033992 WITNESS my hand and official seal. '_ Notary Public-California Orange County ' My Comm. Expires 1$,20f7[ Signature (Seal) EXHIBIT"A" ELECTRICAL EASEMENT FOR 5370 BOYLE AVENUE,CITY OF VERNON,CALIFORNIA (Legal Description) PORTIONS OF PARCEL 7 OF PARCEL MAP NO.24894 IN THE CITY OF VERNON,COUNTY OF LOS ANGELES,STATE OF CALIFORNIA,AS SHOWN ON MAP RECORDED IN BOOK 286,PAGES 46 THROUGH 48 INCLUSIVE OF PARCEL MAPS AND A PORTION OF LOTS 40 AND 47 OF THE 500 ACRE TRACT OF LOS ANGELES FRUIT LAND ASSOCIATES, IN SAID CITY,COUNTY AND STATE AS PER MAP RECORDED IN BOOK 3,PAGES 156 AND 157 OF MISCELLANEOUS RECORDS,LYING IN PARCEL A OF THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT RECORDED APRIL 14,2015 AS INSTRUMENT NO.2015-N 11776,ALL IN THE OFFICE OF THE RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: STRIP I A STRIP OF LAND 10.00 FEET IN WIDTH,THE CENTERLINE OF WHICH IS MORE PARTICULARILY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL A, AS DESCRIBED AND SHOWN IN EXHIBITS"A"AND "B"OF SAID CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT, SAID POINT BEING IN THE EASTERLY RIGHT-OF-WAY LINE OF BOYLE AVENUE,80 FEET IN WIDTH,AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT; THENCE,ALONG SAID RIGHT-OF-WAY LINE SOUTH 0 P 12-38"EAST 63.00 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE,NORTH 98051'l9"EAST 79.50 FEET; THENCE,SOUTH 01 008'41"EAST 104.56 FEET TO A POINT HEREINAFTER DESCRIBED AS POINT"A". STRIP 2 A STRIP OF LAND 16.00 FEET IN WIDTH,THE CENTERLINE OF WHICH IS MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE HEREINABOVE DESCRIBED POINT"A"; THENCE,NORTH$8051'19"EAST 1.00 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE,SOUTH 01008"4 1"EAST 20.00 FEET. SIDELINES OF SAID STRIPS WILL BE LENGTHENED OR SHORTENED TO MEET AT ANGLE PONNS AND TERMINATE AT SAID EASTERLY RIGHT-OF-WAY LINE OF BOYLE AVENUE. CONTAINING AN AREA OF APPROXIMATELY 2,168 SQUARE FEET MORE OR LESS. AS SHOWN ON THE ATTACHED EXHIBIT"B"AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO EASEMENTS,COVENANTS,CONDITIONS, RESTRICTIONS,RESERVATIONS,RIGHTS,RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD, IF ANY. DESCRIPTION PREPARED UNDER THE SUPERVISION OF: . � JOSEPH G TRUXAW, P.L.S.6871 TRUXAW NO. 6871 1 OF I OF Cp,>LvF [AWORMFILEMEB 1406 1 Tlectrical Easement legal-exhibit a_docx i t1 r Jrl L,L.A. O' 0° } INS TpJll/l_l---lv7 I I I\J)iWB—,r-rY Ir � Lu I 2015-0411776 y v 40 o `�� N88051'19"E 0 z D.B. A 3 I T.P.O.B. STRIP 1 STRIP 1 (10' WIDE) (A)NORTHWEST CORNER OF PARCEL • o �- A OF CERTIFICATE OF h COMPLIANCE FOR LOT LINE JlC ADJUSTMENT RECORDED 4/14/2015 AS INSTRUMENT N879 50g E 5NUMBER 2015-0411776 W ®WESTERLY LINE OF PARCEL A OF ` CERTIFICATE OF COMPLIANCE FOR W o LOT LINE ADJUSTMENT RECORDED Q 4/14/2015 AS INSTRUMENT RArtC-1 A fi NUMBER 2015-0411776 W p m POINT "A" STRIP 2 1.00' (SEE DETAIL BELOW) 54TH STREET (16' WIDE) So 1*06`417E %TRANSFORMER PAD g g' 20.00' —T I EiT 1EGEND' �- AREA OF EASEMENTPOINT "A"- STRIP 1 E 11 ;k\41IF� 1l1f/f f BASIS OF BEARINGS: STRIP 2 _ f.ao 1 • ,0 1*Nf,,}f THE BEARING N01'12'38"W ALONG THE CEN7E1?t.I � T.P.O.B.STRIP 2 = �p pH ' OF BOYLE AVENUE AS SHOWN ON PARCEL MAP DETAIL _ i TRLrXAW NO. 24894, IN BOOK 286, PA GES 46 THROUGH 48, INCLUSIVE OF PARCEL MAPS WAS USED AS THE BASIS OF BEARING FOR THIS EXHIBIT, NOTE: AS DESCRIBED ON THE ATTACHED EXHIBIT A o t1111kI40 AND BY THIS REFERENCE MADE A PART THEREOF. AREA OF EASEMENT = 2168 SQUARE FEET Prepared by. ELECTRICAL EASEMENT r- Tfww oW AswcWft km- 5370 BOYEE AVENUE — IN THE CITY OF VERNON 04 Enosws and Land Surm)ws 111,6 s,NRn Ha Ariz DRAWN: R`IB CHKD: JGT °"'� n"' 1 OF 1 EXIW "B w � �� j L DATE: 4-17-17 DATE: 4--17-17 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 April 26, 2017, executed by Boyle at 50, LLC, a Delaware limited liability company, is hereby accepted by the undersigned officer on behalf of the City pursuant to the authority conferred by Minute Order by the City Council of the City on May 16, 2017, and the grantee consents to recordation thereof by its duly authorized officer. Dated: 2017 CITY OF VERNON MELISSA YBARRA, Mayor ATTEST: MARIA E. AYALA,City Clerk APPROVED AS TO FORM: BRIAN BYUN, Deputy City Attorney RECEIVE r; MAY 10 2017 � ,� •, MAY 10 2017 CITY CLERK'S ONCE CITY ADMINISTRATION STAFF REPORT PUBLIC WORKS DEPARTMENT DATE: May 16, 2017 TO: Honorable Mayor and City Council FROM: Kevin Wilson,Interim Director of Public Works Originator: Vincent A.Rodriguez,Public Works Project Coordinator RE: Contract Award for City Contract No. CS-0821: City Hall Roof Replacement Recommendation A. Find that the approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review, pursuant to CEQA Guidelines sections 15301 (i.e., maintenance, repair or minor alteration of an existing structure, involving negligible or no expansion of existing use) and 15302 (i.e., replacement or reconstruction of existing structures and facilities where new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced); and B. Accept the bid from Best Contracting Services, Inc. as the lowest responsive and responsible bidder and reject all other bids; and C. Approve and authorize the City Administrator to execute a contract in an amount not to exceed $94,179 for the City Hall Roof Replacement(CS-0821); and D. Authorize a contingency of $9,400 in the event of an unexpected changed condition in the project and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount. Background The project will replace the roofing material on the City Hall main roof structure. The existing roof is in extremely poor condition, which includes rust spots and leaks throughout the structure. The scope of the project will include: • Address and seal miscellaneous openings in the open membrane as needed prior to washing of the roof area. • Power wash the roof per the specifications. • Reinforce all low or ponding areas by priming with specified material. • Fill all pitch pans and crown. s c I • Perform remedial and preventative maintenance as required by the manufacturer's warranty requirements. On April 18, 2017, the City Administrator authorized the advertisement of the Notice Inviting Sealed, Competitive Bids for the City Hall Roof Repairs. The Notice Inviting Bids was posted on the City's website and published in the Vernon Sun newspaper and in addition it was also advertised in the following construction related websites: Bid America, eBidboard Construction Contract Advertising, and McGraw-Hill Construction. The specifications included the standard terms and conditions for the contract, which have been approved by the City Council.The bids for Contract No. CS-0821, City Hall Roof Repairs Project, were received and opened on May 9, 2017. The calculated results were as follows: 1. Ron Lara Roofing $ 81,000 2. Best Contracting Services,Inc. $ 94,179 t 3. Chapman Coast Roofing Co. $ 98,500 4. FC and Sons Roofing, Inc. $ 108,456 5. Letner Roofing Co. $ 115,418 E 6. C.I. Services Inc. $ 129,707 The Public Works Engineering division staff has analyzed the bids: Ron Lara Roofing was the low bidder on the project but submitted an "or approved equal" material. Staff has determined that the material is not equal to the material specified and is now recommending that a construction contract be awarded to the second lowest bidder, Best Contracting Services. 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 $9,400 contingency in the event of unexpected changed conditions in the project. Fiscal Impact $120,000 has been budgeted in the Fiscal Year 2016-2017 to complete the City Hall Roof Repairs. E The low bid amount of $94,179, plus the contingency of $9,400, is within the budgeted amount. Therefore, the budgeted amount is sufficient to cover the cost of this project. Attachment(s) i 1. Contract Agreement No.CS-0821 1 d r P r Page 2 of 2 BIDDING FORMS STANDARD FORM OF CONSTRUCTION CONTRACT BETWEEN CITY AND CONTRACTOR This Agreement is made and entered into at Vernon, California this_ day of , 2017, by and between the CITY OF VERNON, a chartered municipal corporation (hereinafter "City") and Best Contracting Services, Inc., a California corporation (hereinafter "Contractor"),for construction of City Hall Roof Repairs. 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, Exhibit A- General Conditions; C. Exhibit 1 —Performance Bond; I D. Exhibit 2—Payment Bond; E. Exhibit 3—Maintenance Bond F. Exhibit 4—Insurance Requirements ; G. Exhibit B - Special Provisions; I H. Bid Forms; i I. Exhibit C-Living Wage Provisions; J. Exhibit D-Equal Employment Opportunity Practice Provisions K. Designation of Subcontractors; and L. Bidding Addenda Nos. 2. SECTION INTENTIONALLY OMMITTED STANDARD FORM 1 OF 3 BIDDING FORMS 3, SCOPE OF WORK Within the Contract Time and for the stated Contract Sum, subject to adjustments thereto, and pursuant to the Contract Documents, the Contractor shall perform and provide all necessary: labor; services; supervision; materials; tools; equipment; apparatus; facilities; supplies; tools; permits, inspections, plan checks, and similar Governmental Approvals; temporary utilities; utility connections; and transportation necessary to complete the Work in strict conformity with the Contract Documents for: City Hall Roof Repairs Contract No. CS-0821 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 s } the City. The Contract Time may only be adjusted as permitted by this Construction Contract and the General Conditions. Time is of the essence of this Agreement. Except when the Contract Documents state otherwise, time is of the essence in the performance of the Work. Contractor acknowledges that the time limits and deadlines set forth in the Contract Documents are reasonable for Contractor to perform and complete the Work. Liquidated Damages. If Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time for Substantial Completion, Contractor shall pay City as liquidated damages the amount of one thousand five hundred dollars ($1,500) per day for each calendar day occurring after the STANDARD FORM 2 OF 3 BIDDING FORMS expiration of the Contract Time for Substantial Completion until Contractor achieves Substantial Completion of the entire Work, as required by Article 3 of the General Conditions of Contract. Contractor Initial here: 5. CONTRACT SUM In consideration of the Contractor's full,complete,timely, and faithful performance of the Work required by the Contract Documents, City shall pay Contractor the sum of Ninety Four Thousand,one Hundred and Seventy Nine dollars/no cents( 94179.00), payable as set forth in the General Conditions ("Contract Sum") IN WITNESS WHEREOF,the parties have caused this Contract to be executed the date and year i first above written. Executed at California. [Contractor's Corporate Seal] Best Contracting Services, Inc.: By: An Authorized Signatory Printed Name: i Title: I Date: I I 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 FORM 3 OF 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. t 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, I plumbing, HVAC or other portions of the Work that are shown diagrammatically in the Contract Documents. j 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 Department of the City of Vernon or his/her duly j 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. i 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. s 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 I City of Vernon. 1 1 HH. Section intentionally omitted. I ll, Project. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the City or by separate contractors. ii, Project Manual/Contract Package. The volumes of Contract Documents and reference documents assembled for the Work made available to Bidders. 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. i 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 I 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 Works i 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. it 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. Contractor shall apply for and obtain all necessary permits from the City's Building Department. 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. I j 1.07 DATA TO BE FURNISHED BY THE CONTRACTOR I 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. i 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 S. Bidding Requirements B, With reference to the Drawings,the order of precedence is as follows: 1. Change Order Drawings 4 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: i 1. Change Orders 2. Special Conditions 3. Project Technical Specifications 4. Standard Specifications, if any i { 5. Applicable Trade Association Specifications i 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 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. 1 11, Meter readings and similar recordings. 12. Emergency procedures. 13, Orders and requests of authorities having jurisdiction. I 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 i 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 OPERATIONSISTORAGE 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, i 2.03 STANDARD OF PERFORMANCE S 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 i 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 i Within the time periods that the City specifies,the Contractor shall correct all deficient, improperly executed,or unsatisfactory Work determined by the City. i 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 j from time to time be specified in writing by such Person): i All correspondence with Contractor shall be sent to the following address: i 3 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 Department 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Kevin Wilson, Interim Director of Public Works ARTICLE 2 GC-12 I Phone: (323)583-8811 ext.245 Facsimile: (323)826-1435 E-mail: kwilson@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 I 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 I A. The City reserves the right to perform other Work at or near the site at any time by the use of its own i forces or other contractors. I 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. i 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 E 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. i 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 j deliver the Project free of stop notice claims. Work not conforming to these requirements, including substitutions not accepted by the City,will be deemed defective. The Contractor's warranty excludes improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the City, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the correction obligation of Paragraph 2.04 herein. 2. Overlap. Where any warranties provided under the Contract Documents overlap,conflict,or are duplicative,Contractor will be bound by the more stringent requirements. 3. Procurement and Assignment of Warranties: Contractor shall obtain in the name of City,or transfer or assign to City or City's designee prior to the time of Final Completion of the Work, any and all warranties or guarantees which Contractor is required to obtain pursuant to the contract Documents and which Contractor obtained from any other person or entity other than Contractor including, but not limited to, Subcontractors and manufacturers, and further agrees to perform the Work in such a manner so as to preserve any and all such warranties. Contractor shall secure written warranties from all Subcontractors. Contractor and its Subcontractors shall offer any warranty upgrades or extensions that are offered by manufacturers of any equipment or system installed in the Work to the City. Contractor shall deliver to City all warranty and guarantee documents and policies. 4. Survival of Warranties: The provisions of this paragraph 2.15 will survive Contractor's completion of the Work or termination of Contractor's performance of the Work. B. Correction of Work 1. Before or After Final Completion, The Contractor shall promptly correct Work rejected by the City or City's designee, as failing to conform to the requirements of the Contract Documents, whether discovered before or after Final Completion and whether or not fabricated, installed, or completed. Costs of correcting such rejected Work, including additional testing, inspections, and compensation for the City's services and expenses made necessary thereby, will be at the Contractor's expense within the Contract Price. 2. After Final Completion. ARTICLE 2 GC-17 (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 I Contractor. d 1 I 4. Destruction or Damage. In the event the Contractor destroys or damages any I 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 2.15-13 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 2.15-13 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the limitations periods established by statute for any construction defect or other causes of action. 2.16 CLEANING AND ENVIRONMENTAL CONTROLS The Contractor, Subcontractors and employees shall comply with all litter and pollution laws and it shall be the responsibility of the Contractor to ensure compliance.The Contractor shall do all of the following: A. Maintain the Site free of waste materials, debris, and rubbish and in a clean and orderly condition; and Remove waste materials,debris and rubbish from site and dispose off-site legally. ARTICLE 2 GC-18 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 i in Table 2-1 below in compliance with the National Pollutant Discharge Elimination System I (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. I Table 2-1.BMPs for Public Agency Facilities and Activities General and Activity Specific BMPs Scheduling and Planning Spill Prevention and Control Sanitary/Septic Waste Management Material Use General BMPs Safer Alternative Products Vehicle/Equipment Cleaning, Fueling and Maintenance Illicit Connection Detection, Reporting and Removal Illegal Spill Discharge Control Maintenance Facility Housekeeping Practices ARTICLE 2 GC-19 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 _ Shoulder Grading Nonlandscaped Chemical Vegetation Control Nonlandscaped Mechanical Vegetation Control/Mowing Nonlandscaped Tree and Shrub Pruning, Brush Chipping, Tree and SlopelDrainsNegetation Shrub Removal Fence Repair Drainage Ditch and Channel Maintenance Drain and Culvert Maintenance Curb and Sidewalk Repair Sweeping Operations i Litter/Debris)Graffiti Litter and Debris Removal Emergency Response and Cleanup Practices Graffiti Removal = Chemical Vegetation Control Manual Vegetation Control Landscaped Mechanical Vegetation Control/Mowing Landscaping Landscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub Removal Irrigation Line Repairs Irrigation(Watering), Potable and Nonpotable Storm Drain Stenciling Roadside Slope Inspection Environmental Roadside Stabilization Stormwater Treatment Devices Traction Sand Trap Devices Welding and Grinding Bridges Sandblasting, Wet Blast with Sand Injection and Hydroblasting Painting Bridge Repairs Pump Station Cleaning Other Structures Tube and Tunnel Maintenance and Repair Tow Truck Operations Toll Booth Lane Scrubbing Operations Electrical Sawcutting for Loop Installation I i I s ARTICLE 2 GC-20 Thermoplastic Striping and Marking Paint Striping and Marking Traffic Guidance Raised/ Recessed Pavement Marker Application and Removal Sign Repair and Maintenance Median Barrier and Guard Rail Repair Emergency Vehicle Energy Attenuation Repair Storm Maintenance Minor Slides and Slipouts Cleanup/Repair Building and Grounds Maintenance Storage of Hazardous Materials(Working Stock) Material Storage Control (Hazardous Waste) Management and Support Outdoor Storage of Raw Materials Vehicle and Equipment Fueling Vehicle and Equipment Cleaning Vehicle and Equipment Maintenance and Repair Aboveground and Underground Tank Leak and Spill Control ;E 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 i 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 j as defined in Table 2-2. i I 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 Stormwater Management,Waste shall be retained at the project site to avoid discharge to Management; 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. ARTICLE 2 GC-21 Please refer to the California Stormwater Quality Association's Construction Handbook(available on their website: www.cabmphandbooks.com)for further information regarding the BMPs listed in Table 2-2. All construction projects with Less than One(1)Acre of Disturbed Soil shall submit to the City a signed Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit (Exhibit 5), The Contractor may self-certify that the following training was completed on an annual basis providing they certify they have received all applicable training: The Contractor shall train all of their employees in targeted positions (whose interactions, jobs, and activities affect stormwater quality) on the requirements of the overall stormwater management program. • When the Work includes the use or have the potential to use pesticides or E fertilizers, the Contractor shall train all of their employees (whether or not they fi 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 Paragraph A, all construction projects where at least one (1) acre of soil will be disturbed, construction activity that results in land surface disturbances of less than one acre if the activity is part of a larger common plan of development, or the sale of one or more acres of disturbed land surface requires a Construction Activities Storm Water General Permit(2009-0009-DWQ Permit). Prior to commencement of construction activities, the Permit Registration Documents (PRDs) must be submitted electronically in the Storm Water Multi-Application Report Tracking System (SMARTS) (hftp://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.4sp), PRDs consist of the Notice of Intent, Risk Assessment, Post-Construction Calculations, a Site Map, the Storm Water Pollution Prevention Plan(SWPPP), a signed certification statement by the Legally Responsible Person(LRP), and the first annual fee, See: http://www.swrcb.ca.gov/water_issues/programs/stormwater/construction.shtml for more information. A Waste Discharger Identification (WDID) will be emailed to the LRP after the PRDs have been submitted and are deemed complete. Construction activities cannot begin until a WDID is issued by the State Water Resources Control Board, Contractor shall bear the costs of any delays to the Project caused by a delay in obtaining its WDID, The SWPPP shall include: ARTICLE 2 GC-22 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 seveLm copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the plan. If revisions are required, the Contractor shall revise and re-submit the document within seven (7) days of its receipt of the City's comments. The City shall then have seven (7) days to consider the revisions made by the Contractor and approve the SWPPP. The Contractor shall maintain a minimum of two(2) readily accessible copies of the SWPPP at the Project site. The SWPPP shall be made available upon request of a representative of the Los Angeles Regional Water Quality Control Board (LARWQCB) or the U.S. Environmental Protection Agency (U.S, EPA). Requests by environmental groups and the public shall be directed to the City. D. Best Management Practices The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect the quality of storm water discharge associated with construction activities. The plan will describe and ensure the implementation of Best Management Practices (BMPs) which will be used to reduce pollutants in the storm water discharges from the construction site. A Best Management Practice is defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution. The Contractor shall select appropriate BMPs from the California Stormwater BMP Handbook, Municipal, Industrial, New Development, and Construction Volumes (www.cabmphandbooks.com) in conjunction with all activities and construction operations. Copies of the California Stormwater BMP Handbooks may be obtained from: California Stormwater Quality Association Cashier P.O. Box 2313 Los Angeles County DPW Livermore, CA 94551 900 South Fremont Avenue www.cabmphandbooks.com Alhambra,CA 91803 Tel. No. (626)458-6959 E. Implementation The Contractor will be responsible throughout the duration of the Project for the installation, monitoring, inspection and maintenance of the BMPs included in the SWPPP and for removing and ARTICLE 2 GC-23 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. I 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. i 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 P p 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: Ron Bustamante, Maintenance Foremen(323)855-2292 ARTICLE 2 GC-24 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 locatioe 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 l 6. The corrective and preventive action taken,and I 7. The water body impacted and results of necessary monitoring I. Enforcement The City is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and private citizens. The Contractor shall indemnify, defend and hold City, its officers, agents and employees harmless from Contractor's failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17. Contractor shall be responsible for all costs and liabilities imposed by law as result of Contractor's failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17. The costs and liabilities include, but are not limited to fines, penalties and damages whether assessed against the City or the Contractor. In addition to any remedy authorized by law, any money due to the Contractor under this contract shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor have been satisfied. J. Maintenance The Contractor shall ensure the proper implementation and functioning of BMP control measures and shall regularly inspect and maintain the construction site for the BMPs identified in the SWPPP. The Contractor shall identify corrective actions and time frames in order to properly address any damaged measure, or reinitiate any BMPs that have been discontinued. If the City identifies a deficiency in the deployment or functioning of identified control measures, the deficiency shall be corrected by the Contractor immediately or by a later date and time if agreed to by Director and if requested in writing, but not later than the onset of the subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. K. Payment All costs involved in the implementation of the SWPPP, including furnishing all labor, materials, tools, equipment and all incidentals; and for doing all the work involved in installing, constructing, maintaining, removing, and disposing of control measures,except those that were installed as a part of another structure, shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefor. ARTICLE 2 GC-25 2.18 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. S I I I ARTICLE 2 GC-26 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 TonsICY TonsICY TonsICY TonsICY i Asphalt Concrete Metal Other Segregated Materials (Describe): i I j Miscellaneous Construction I Waste Total 1 Form to be submitted to the City SIGNATURE: TITLE: DATE: 2.19 RECYCLED, REUSABLE AND RECYCLABLE PRODUCTS I 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. i B. Prosecution of the Work ` Work shall be continued at all times with such force and equipment as will be sufficient to complete it within the specified time. The Contractor expressly proposes that he/she has taken into consideration and made allowances for all ordinary delays and hindrances to the Work to be performed and that he/she will complete the Work within the specified time. C. Required Contract Completion Time is of the essence in the completion of this Contract. The Work shall be completed in its entirety and made ready for service within thirty(30)calendar days following the Date of Commencement established in the Notice to Proceed ("Contract Time"). By executing the Contract, Contractor confirms that the Contract Time is a reasonable period for performing the Work. 3.02 CITY'S DISCRETION TO EXTEND CONTRACT TIME In the event the Work required hereunder is not satisfactorily completed in all parts and in compliance with the Contract Documents,City shall have the right, in its sole discretion,to increase the number of Working Days or not, as may seem best to serve the interest of City, A change order extending the Contract Time only will be issued by the City should the City decide to increase the number of Working Days. 3.03 SUBSTANTIAL COMPLETION i 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 E the extent possible under the terms of the Contract,to offset the delay. i 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 a disputes,weather conditions unfavorable for prosecution of the Work, and force majeure. i 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 i 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 I 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 I. When a Contractor experiences two concurrent delays, one compensable and the other excusable, I no compensation other than an extension of time will be allowed. 1 I J. An extension of time must be approved by the Director to be effective, but an extension of time I 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 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. S A. Format i { 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 j the parties. I 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. I 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. 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 E 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. i 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 Ework 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. i F 3 I ARTICLE 4 ! GC-33 3 t 4.03 NONCOMPENSABLE EXTRAORDINARY MEASURES A. Should the City determine, in its sole judgment, that the performance of the Work has not progressed to the level of completion required by the Contract Documents, City shall have the right to order the Contractor to take corrective measures to expedite the progress of construction, at no additional cost to the City,including,without limitation,the following: 1. Working additional shifts of overtime. 2. Supplying additional manpower,equipment,and/or facilities. 3. Reschedule activities to maximize practical concurrence of accomplishment of activities. 4. Submitting a Recovery Schedule discussed above,for resequencing performance of the Work or other similar measures. 5. Any other actions that may be necessary to mitigate delays, B, Such Extraordinary Measures shall continue until the progress of the Work is no longer behind schedule and/or reaches the stage of completion required by the Contract Documents. Contractor shall not be entitled to an adjustment in the Contract Sum in connection with the performance of any such Extraordinary Measures required by the City under this Paragraph, The City may exercise the rights furnished the City pursuant to this Paragraph as frequently as the City deems necessary to ensure that the Contractor's performance of the Work will comply with the Contract Time or interim completion dates set forth in the Contract Documents. If Contractor or its Subcontractors fail to implement or commence Extraordinary Measures within ten (10) calendar days of City's written I 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 I j 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 j 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. I [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 s 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 I benefit of creditors and fails to provide City with adequate assurances of Contractor's ability to t satisfy its contractual obligations. A receiver, trustee, or other judicial officer shall not have any right, title, or interest in or to the I 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 I 4. Finish the Work by whatever reasonable method the City may deem expedient. i 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 Contractor's remedy for wrongful termination in such event shall be limited to the recovery of the payments permitted for termination for convenience as set forth in Paragraph 5.04, 5.03 PARTIAL DELETION OR SUSPENSION OF WORK BY THE CITY A. Contractor agrees that the City may determine whether any or all of the Work described in the Contract Documents shall be deleted or performance suspended without electing to terminate the Contractor's performance under the Contract and without any penalty being incurred by the City. B. Any such partial deletion or suspension of the Work shall in no way void or invalidate the Contract nor shall it provide Contractor with any basis for seeking payment from City for Work deleted or suspended except to the extent such Work has already been performed and is otherwise compensable under the Contract. C. The City shall have the right to later have any such suspended or deleted Work performed by Contractor or others without any penalty to the City, D. In the event of any partial or complete deletion or suspension of Work, the City shall furnish Contractor with prompt written notice thereof, and the City shall be entitled to take possession of and x have as its property all Record Documents, Accounting Records, and other data prepared by f 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 I according to the Contract Documents. 5.04 TERMINATION BY THE CITY FOR CONVENIENCE i A. Grounds i 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. i 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 necessa to perform the Work; ( ) Y P 9 Pnecessary j (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, i (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. I 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 j 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 t 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 j 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: i 1. Lump Sum. By mutual acceptance of a lump sum proposal from Contractor properly itemized i 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. i 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 i 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: i 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 GC-42 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. i 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 I 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 f Allowable Costs shall not include any of the following: I 1. Wages, salaries, fringe benefits and payroll taxes of Contractor's and all Subcontractor's non- I 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; i 7. Site fencing; 8. Utilities, including gas,electric,sewer,water,telephone,telefax,copier equipment; 1 9. Computer and data processing personnel,equipment and software; 10. Federal,state of local business income and franchise taxes; } 11. Losses of efficiency or productivity; and 12. Costs and expenses of any kind or item not specifically and expressly included in Paragraph 6.06-C. ARTICLE 6 GC-45 E. Allowable Mark-Up(Staff to Determine one of the following 2 options for 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% 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, 1 F. Net Allowable Costs f 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 i 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 ARTICLE 6 GC-46 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. s 6.09 ISSUANCE OF WORK DIRECTIVE(UNILATERAL). i 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] I I i 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. i j C. Applications for Payment The Schedule of Values, when approved by the Director, shall be used as a basis for Contractor's I Applications for Payment and may be considered as fixing a basis for adjustments to the Contract Sum. i I ARTICLE 7 1 GC-48 f t i l 1 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 7.03-13 below for the monthly progress payment meeting, Contractor shall submit to Director a copy of the proposed Schedule of Values, marked to show the percentage of completion certified by Contractor for each line item in the Schedule of Values, including any stored materials approved for payment by City pursuant to Paragraph 7.03-D, below and any withholdings from Contractor proposed by Director. B. Monthly Review For the purpose of expediting the progress payment procedure, Contractor shall meet with the Director on or before the twentieth (20th) day of each month to review the Contractor's marked Schedule of Values prepared in accordance with Paragraph 7.03-A, above, The Director shall revise as appropriate and sign the marked Schedule of Values to verify such review. If any item in the marked Schedule of Values submitted for payment is disputed during this review, Contractor agrees to use its best efforts to resolve the disputed items with the Director before submitting its Application for Payment. If the Director and Contractor cannot agree, then the percentage completion shall be established at such percentage as the Director, in good faith, determines is appropriate to the actual progress of the Work. No inaccuracy or error in the Director's good faith estimate shall operate to release Contractor or Surety from any responsibility or liability arising from or related to performance of the Work. The Director shall have the right subsequently to correct any error and dispute any item submitted in Contractor's Application for Payment, j regardless of whether an item was identified as disputed in the review process provided for herein. 3 j C. Certification i f Each Application for Payment shall be signed and certified by Contractor under penalty of perjury to City that: j1. 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 7.03-13, 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 7.03-13 above of the following: 1. the portion of the Work permanently installed and in place; i 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 i 4, less,any other withholdings authorized by the Contract Documents. 1 C. Rejection by City Any Application for Payment determined not to be undisputed, proper and suitable for payment shall be returned to Contractor as soon as practicable, but not later than seven (7) Days, after receipt by City accompanied by an written explanation of the reasons why the payment request was rejected. Failure by City or Director to either timely reject an Application for Payment or specify any grounds for rejection shall not constitute a waiver of any rights by City. Applications for Payment that are rejected shall be corrected and resubmitted within seven(7)Days after receipt by Contractor. D. Interest If City fails to make a progress payment to Contractor as required by Paragraph 7.04-13, above, City shall pay interest to Contractor equivalent to the legal rate set forth in subdivision (a) of California Code of Civil Procedure Section 685.010. The number of Days available to City to make payment pursuant to Paragraph 7.04-13, above without incurring interest pursuant to this Paragraph shall be reduced by the number of Days by which City exceeds the seven (7) Day return requirement applicable to City as set forth in Paragraph 7.04-C,above. 7.05 FINAL PAYMENT A. Retention In addition to withholdings permitted by Paragraph 7.09 below, a sum equal to five percent(5%) of all sums otherwise due to Contractor as progress payments shall be withheld by city pursuant to Paragraph 7.04-13 from each progress payment ("Retention") and retained until such time as it is due as described herein. A higher Retention amount may be approved by the City Council where project is deemed"substantially complex"by City Council. Conditions to Final Payment ARTICLE 7 GC-51 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; i 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 I suppliers of each, covering the final payment period; 6. Unconditional Waiver and Release Upon Progress Payment in the form required by California Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all material suppliers of each,covering the previous payment period; 7. all Record Documents (including, without limitation, complete and accurate As-Built drawings which shall be kept up to date during the performance of the Work); 8. documentation that Contractor has inspected, tested, and adjusted performance if every system or facility of the Work to ensure that overall performance is in compliance with the terms of the Contract Documents; 9. four(4) copies of all warranties from vendors and Subcontractors, operation and maintenance manuals, instructions and related agreements, and equipment certifications and similar documents; 10.. certifications by Contractor and each Subcontractor as required by applicable collective bargaining agreements that all employee benefit contributions due and owing pursuant to any applicable collective bargaining agreement have been paid in full; 11, releases of rights and claims relating to patents and trademarks, as required by the Contract Documents; and 12. any other documents or information required by the Contract Documents as a condition of Final Payment or Final Completion. B. Final Payment Pursuant to the Public Contract Code Section 7107, within sixty (60) Days after City issues the Notice of Completion to Contractor, the Final Payment, including Retention, shall be released to Contractor,subject to the City's right to withhold 150%of any disputed amounts. ARTICLE 7 GC-52 C. Disputed Amounts Pursuant to California Public Contract Code 7107, City may deduct and withhold from the Final Payment due under Paragraph 7.05-C, above, an amount up to 150% of any disputed amounts, including, without limitation, amounts to protect City against any loss caused or threatened as a result of 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 I Sum pursuant to the Contract Documents. D. Acceptance of Final Payment Acceptance of Final Payment by Contractor shall constitute a waiver of all rights by Contractor against City for recovery of any loss, excepting only those Claims that have been submitted by Contractor in the manner required by the Contract Documents prior to or at the time of the Final Payment. 7.06 MISCELLANEOUS A. Joint Payment City shall have the right, if deemed necessary in its sole discretion, to issue joint checks made payable to Contractor and any Subcontractor(s)of any Tier. The joint check payees shall be solely responsible for the allocation and disbursement of funds included as part of any such joint payment. Endorsement on such check by a payee shall be conclusively presumed to constitute receipt of payment by such payee. In no event shall any joint check payment be construed to create any contract between City and a Subcontractor of any Tier, any obligation from City to such Subcontractor or any third party rights against City or Director. B. With hold!ng/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. 3 7.08 PAYMENTS WITHHELD I 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. 4Third 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 i 11. Materials. Materials ordered by City pursuant to the Contract Documents. t 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 4 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. i 16. Other Breach. A breach of any obligation or provision of the Contract Documents. I B. Release of Withholding 3 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, I then payment shall be made for amounts withheld because of them. C. Application of Withholding i j 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 I submit to Contractor an accounting of such funds disbursed on behalf of Contractor. As an F alternative to such payment, city may, in its sole discretion, elect to exercise its right to adjust the f Contract Sum as provided in the Contract Documents, i i ARTICLE 7 GC-55 i i 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 E 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; j 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 j 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. i 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, I 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 711-13, below. For purposes of this Paragraph 7.11, a Claim for which such written notice is required and has j been given by Contractor shall be deemed to arise on the date that such written notice is j 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, j 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 i 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 j 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 I 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, i (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) 1 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, t i I i ARTICLE 7 P GC-58 I i (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 f 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 l 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 i 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 j 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. j 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. I f ARTICLE 7 GC-59 i i i 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 I 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 j 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 t { 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 I 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. E I 8.05 ORDERING MATERIALS AND EQUIPMENT 3 3 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 j 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] i i 1 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 j 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" I 11"X 17" s 24"X 36" 30"X 42" 9.05 COLORS I 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 1 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. I 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 1 be accepted by the City. i 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 j (.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, I including the following procedures; 3 1. Determine and verify all field dimensions and conditions, materials,catalog numbers, and similar data. s 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. I 1 E. Approval of each submittal by the Director will be general only and shall not be construed as: i 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] i I i I I 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 1 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 i 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, j2. 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 i 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. j ARTICLE 10 GC-70 i 1 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 E 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 j 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. i E 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. I I 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. i i i ARTICLE 10 GC-71 i 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. i 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 i B. Notification will include the specific location, project dates, what parking locations (if necessary) 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. C. 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. D. 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. 10.07 FLAGGING A. Does not apply to this contract. 10.08 PEDESTRIAN CANOPIES OR BARRICADE IMPROVEMENTS ARTICLE 10 GC-72 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] i I I 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 f 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, I suit or demand is caused,or alleged to be caused, in part, by an Indemnitee, including but not limited to: i I A. Bodily injury,emotional injury,sickness or disease,or death to any persons; 1 B. Infringement of any patent rights, licenses, copyrights or intellectual property which may be brought I against the Contractor or City arising out of Contractor's Work, for which the Contractor is j responsible; i 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; I 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 I 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. I 11.03 NO LIMITATIONS Contractor's indemnification and defense obligations set forth in this Article are separate and independent from f 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 i 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] I ARTICLE 11 GC-75 i ARTICLE 12-INSURANCE i 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] i I ARTICLE 12 GC-76 E s 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 i form shown in Exhibit"3"attached hereto, 1 13.02 POWER OF ATTORNEY i 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. i 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 I Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from I 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 I of the company. If the bonds are executed outside the State of California, all copies of the bonds must be 3 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. i i 13.04 REQUIRED PROVISIONS I 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 i 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 i ARTICLE 13 GC-77 i 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 f 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. S i [END OF ARTICLE] I i t i 1 Pi S S 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 i holidays to wit: New Year's Day, Martin Luther King, Jr. Day, Washington's Birthday, Memorial j 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 j 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 1, I 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). t 14.04 WAGE RATES A. Prevailing Wages 1, Contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime Work in the locality in which the Work is to be performed, for each craft, classification, or type of worker needed to execute the Contract. The Director of the Department of Industrial Relations of the State of California (pursuant to California Labor Code)and the United States Secretary of Labor(pursuant to the Davis-Bacon Act) have determined the general prevailing rates of wages in the locality in which the Work is to be performed. The rates are available online at www.dir.ca.gov/DLSR/PWD/. To the extent that there are any differences in the federal and state prevailing wage rates for similar classifications of labor,the Contractor and its Subcontractors shall pay the highest wage rate. 2, The Contractor shall post a copy of the general prevailing rate of per diem wages at the job site. 3. The Contractor and any Subcontractor under him/her shall pay not less than the specified prevailing rate of wages to all workers employed in the execution of the Contract. 4. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining Contract applicable to the particular craft, classification, or type of worker employed on the project. 5. The Contractor shall, as a penalty to the State or the City, forfeit not more than Fifty Dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for the Work or craft in which the worker is employed under the Contract by the Contractor or by any Subcontractor under him. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which such worker was paid less than the stipulated prevailing wage rate shall be paid to such worker by the Contractor. 6. The specified wage rates are minimum rates only and the City will not consider and shall not be liable for any claims for additional compensation made by the Contractor because of payment by him/her of any wage rate in excess of the general prevailing rates. All disputes in regard to the payment of wages in excess of those specified herein shall be adjusted by the Contractor at his/her own expense. B. Payroll Records 1. Pursuant to California Labor Code Section 1776, the Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, Work 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. j 3. Upon request by the Director,the Contractor shall provide a copy of the certified payroll records along with a statement of compliance. t 14.05 APPRENTICESHIP STANDARDS j 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. j 3. Pay the apprentice rate on public works projects only to those apprentices who are registered, as defined in Labor Code Section 3077. i 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 j Council, P.O. Box 420603, San Francisco, CA 94142. I B. Failure to comply with the provisions of California Labor Code Section 1777.5 may result in the loss j 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 i 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. f 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 j noncompliance in the Labor Code of the State of California and any amendments thereof. f j 14.07 CHARACTER OF WORKERS i 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 i 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 Directors 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 f 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 f their occurrence and the damages or other relief claimed by City as a result of such events. i { 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 i { x y ARTICLE 15 GC-83 I i i i 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 I 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] i 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 I 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 j inspection, audit and/or reproduction. [END OF ARTICLE] 'r ARTICLE 16 GC-85 a 1 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 j shall be included in the Bid or Contract Sum. C. Notice of Violations I 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 I 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 1 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 j 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 I 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 i 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 l I i I 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. i { 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 i 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. 1 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 2 Contractor or any Subcontractor hires to perform or assist in performing the Work. ARTICLE 17 I GC-87 i f 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, i I 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 I 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 jContractor, 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, s unless City, in its sole discretion, has approved such relief from responsibility. I 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 1 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. i 17,07 SURVIVAL Contractor's representations and warranties, the dispute resolution provisions contained in Article 15, and all other provisions which by their inherent character should survive termination of the Contract and/or Final Acceptance, shall survive the termination of the Contract and the Final Acceptance Date. 17.08 LIMITATION ON THIRD PARTY BENEFICIARIES It is not intended by any of the provisions of the Contract Documents to create any third party beneficiary hereunder or to authorize anyone not a party hereto to maintain a suit for personal injury or property damage pursuant to the terms or provisions hereof, except to the extent that specific provisions (such as the warranty and indemnity provisions) identify third parties and state that they are entitled to benefits hereunder. The duties, obligations and responsibilities of the parties to the Contract Documents with respect to such third parties shall remain as imposed by law. The Contract Documents shall not be construed to create a contractual relationship of any kind between City and a Subcontractor or any other Person except Contractor. 17.09 PERSONAL LIABILITY OF CITY EMPLOYEES City's authorized representatives are acting solely as agents and representatives of City when carrying out the provisions of or exercising the power or authority granted to them under the ARTICLE 17 GC-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. i 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 j 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 j 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. i 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 1 17.14 HEADINGS i 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. I 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] E I I { I I ARTICLE 17 GC-90 i I EXHIBIT 1 Bond No.: j 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: Specification No. in Vernon,CA. 2. Principal is required under the terms of the Contract— and all contract documents referenced in it ("Contract Documents")—to furnish a bond guaranteeing Principal's faithful performance of the Work. 3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and made a part of it by this reference. OBLIGATION: THEREFORE,for value received,We,Principal and (Name,address,and telephone of Surety) ("Surety"), a duly admitted surety insurer under California's laws,agree as follows: I 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, j terms, covenants, conditions, and agreements in the Contract and Contract Documents(including all their amendments and supplements), all within the time and in the manner that those documents specify, then this obligation becomes null and void. Otherwise,this Bond remains in full force and effect,and the following terms and conditions apply to this Bond: 1. This Bond specifically guarantees Principal's performance of each obligation and all obligations under the Contract and Contract Documents,as they may be amended and supplemented—including, but not limited to, Principal's liability for liquidated damages,Warranties,Guarantees,Correction, and Maintenance obligations as specified in the Contract and Contract Documents—except that Surety's total obligation,as described here,will not exceed the Bonded Sum. 2. For those obligations of Principal that survive Final Completion of the Work described in the Contract and Contract Documents,the guarantees in this Bond also survive Final Completion of the Work. 3. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly: (a)remedy the default;(b)complete the Project according to the Contract Documents'terms and conditions then in effect;or(c)using a procurement methodology approved by City,select a contractor or contractors—acceptable to City—to complete all of the Work,and arrange for a contract between the contractor(s)and City. Surety shall make available, as the Work progresses, sufficient funds to pay the cost of completion less the balance of the Contract Sum, EXHIBIT 1 -PERFORMANCE BOND-1 of 3 1 i 1 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 f not exceed the Bonded Sum. 4. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract j 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 i guaranteeing Principal's faithful performance of the Work. 6. No right of action accrues on this Bond to any entity other than City or its successors and assigns. 7. If an action at law or in equity is necessary to enforce or interpret this Bond's terms,Surety must pay—in addition to the Bonded Sum—City's reasonable attorneys'fees and litigation costs,in an amount the court fixes. 8. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate,or withdraw from this Bond;or(b)this Bond becomes void or unenforceable for any reason. On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representative(s)under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name) (Name) I Its: Its: (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: CORPORATE SEAL CORPORATE SEAL i I THIS BOND MUST BE EXECUTED IN TRIPLICATE. ■ EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OFANY PERSON SIGNING AS ATTORNEY-IN-FACT. ■ THE ATTORNEY-IN-FACT'S SIGNATURE MUST BE NOTARIZED. ■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH,AREA CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By By Director of Public Works City Attorney EXHIBIT 1 -PERFORMANCE BOND-2 of 3 BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY-IN-FACT a i ( STATE OF CALIFORNIA ) ss. COUNTY OF ) On this day of 20 , before me, (name), a Notary Public for said County, personally appeared (name),who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of and acknowledged to me that he/she subscribed the name of thereto as principal, and his/he own name as attorney in fact. I I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. I i I Notary Public SEAL I I �I l 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) i ("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. r I 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: i 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 i 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, i 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) i (Signature) (Signature) By: By: (Name) (Name) I Its: Its: (Title) (Title) I i 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 MUSTBEATTACHED OF THE AUTHORITY OFANY PERSON SIGNINGASATTORNEY-IN-FACT. ■ THE ATTORNEY-IN-FACT'S SIGNATURE MUST BE NOTARIZED. ■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH,AREA CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By By Interim Director of Public Works City Attorney EXHIBIT 2-PAYMENT BOND-2 of 3 i BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY-IN-FACT i i l 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. I Notary Public i I SEAL i I I II EXHIBIT 2-PAYMENT BOND-3 of 3 EXHIBIT 3 Bond No.: Premium Amount:$ Bond's Effective Date: MAINTENANCE BOND i RECITALS: I 1. The City of Vernon,California("City"),has awarded to (Name,address,and telephone of Contractor) ("Principal"), a Contract(the"Contract")for the Work described as follows: Specification No. in Vernon,CA. 2, Principal is required under the terms of the Contract— and all contract documents referenced in it ("Contract Documents")—after completion of the Work and before the filing and recordation of a Notice of Completion for the Work, to furnish a bond to secure claims for Maintenance equal to ten percent(10%)of the total amount of the Contract Which shall hold good for a period of one (1) year from the date the City's Notice of Completion and Acceptance of the Work is filed with the County Recorder,to protect the City against the result of faulty material or workmanship during that time. 3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and made a part of it by this reference. I OBLIGATION: THEREFORE,for value received,We,Principal and I (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. I The California Licensed Resident Agent for Surety is: i (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 EXHIBIT 3—MAINTENACE BOND-1 of 3 Surety is liable under this Bond except that Surety's total obligation, as described here, will not exceed the Bonded Sum. 2. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. 3. Surety, for value received, hereby stipulates and agrees that no change,extension of time, alteration, or addition to the terms of said Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond,and it does hereby waive notice of any such change,extension,alteration, or addition, s 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 I Bonded Sum,City's reasonable attorneys'fees and litigation costs,in an amount the court fixes. j 7. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate,or withdraw from this Bond;or(b)this Bond becomes void or unenforceable for any reason. 8. Death of the Principal shall not relieve Surety of its obligations hereunder. On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representatives)under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name) (Name) Its: Its: (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: I CORPORATE SEAL CORPORATE SEAL i I i i I I • THIS BOND MUST BE EXECUTED IN TRIPLICATE. ■ EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT ■ THE ATTORNEY-IN-FACTS SIGNATURE MUST BE NOTARIZED. ■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL,OR THE SURETY, OR BOTH,ARE A CORPORATION. APPROVED AS TO SURETY&AMOUNT OF BONDED SUM: APPROVED AS TO FORM: By By Interim Director of Public Works City Attorney EXHIBIT 3—MAINTENACE BOND-2 of 3 BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY-IN-FACT STATE OF CALIFORNIA ) ss. COUNTY OF ) On this day of 20 before me, (name), a Notary Public for said County, I personally appeared (name),who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of and acknowledged to me that he/she subscribed the name of thereto as principal, and his/he own name as attorney in fact, I; I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1 i Notary Public SEAL I i 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 J (c) ONE MILLION DOLLARS($1,000,000)policy limit, I I 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 j 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. I 2. The policy limit shall provide coverage of no less than one million dollars($1,000,000)per claim and in the aggregate. Coverage shall apply to bodily injury;property damage, including loss of use of damaged property or of property that has not been physically inured; cleanup costs;and costs of defense, including costs and expenses incurred in the investigation,defense,or settlement of claims. I 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. I 2.0 GENERAL REQUIREMENTS—ALL POLICIES A. Qualifications of Insurer. At all times during the term of this Contract, Contractors 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'*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. r 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. f 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; Z 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 1 EXHIBIT 4—INSURANCE REQUIREMENTS-4 of 6 I P { x gP 4 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. i 1. "Certificate of Insurance" j 2. "Additional Insured Endorsement" 3. Subrogation Endorsement:"Waiver of Transfer to Rights of Recover Against Others" i Both Certificates of Insurance and Additional Insured Endorsements must read as follows:"The City of Vernon, j 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, j 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." I 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 I 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 I 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. 3 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. i I i EXHIBIT 4—INSURANCE REQUIREMENTS-5 of 6 i i t i I E. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that all required coverage is provided. Contractor agrees to obtain certificates evidencing such coverage. F. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such notice,but has the right(but not the duty)to monitor the handling of any such claim or claims if they are likely to involve City. G. No liability policy shall contain any provision or definition that would serve to eliminate so-called"third party action over"claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. f 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. I I i I I I i I i EXHIBIT 4—INSURANCE REQUIREMENTS-6 of 6 i i i i EXHIBIT B SPECIAL PROVISIONS SPECIFIC FOR THIS PROJECT i i i i i I i EXHIBIT B SPECIAL PROVISIONS - SPECIFIC FOR THIS PROJECT CITY HALL ROOF REPAIRS, CONTRACT NO. CS-0821 GENERAL B-1.01 Scope of Work—The Contractor will furnish all labor, equipment and materials and will perform all work described in the Contract Documents attached hereto and hereby incorporated by reference. B-1.02 Contract Plans—The roof outline and details are shown on the map. i B-1.03 Specifications — The work shall be done in accordance with Contract No. CS-0821 Plan and Specifications; The 2013 California Building Code and General Provisions of the i "GREENBOOK" Standard Specifications. B-1.04 Length of Contract — All work in this project shall be completed within 30 (thirty) calendar days as specified in the Bidder's Proposal. I 13-1.05 Delays and Extensions of Time—The provisions of Section 6-6 entitled "Delays and Extensions of Time" of the STANDARD SPECIFICATIONS shall apply except as modified and supplemented below. The second paragraph of subsection 6-6.1 is hereby deleted and the following paragraph shall be inserted in its place: No extension of time will be granted for a delay caused by the inability of the Contractor to obtain materials, equipment and labor, except as authorized by the City Engineer. The length of contract time stipulated includes any time which may be required to obtain materials, equipment and labor, and the Contractor in submitting a bid shall be deemed to have ascertained the availability of materials, equipment and labor and considered same in his proposed construction schedule. B-1.06 Quality of Work—The provisions of Section 4-1.1 entitled "Materials and Workmanship" of the STANDARD SPECIFICATIONS 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, 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 and these Special Provisions, the Contractor shall pay to the City, or have withheld from monies due it, the sum of 1 500.00. CS-0821 1 of 11 EXHIBIT B-SPECIAL PROVISIONS 13-1.08 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 of notice to the City Engineer prior to the start of the work. B-2.02 Construction Hours- Work shall occur Monday thru Friday between the hours of 7 a.m.-4 p.m. I Weekend work will be allowed upon approval of the City Engineer. Additional inspection fees will be required. B-3.01 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: i 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-3.02 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-3.03 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. CS-0821 2 of 16 EXHIBIT B-SPECIAL PROVISIONS 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 take place five (5) working days prior to the beginning of construction operations in the immediate vicinity. In addition to the above, the Contractor shall be frilly 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 nd distributed by the Contractor for roadway and driveway closures five (5) working days in advance of any construction work. No removal or excavation work is allowed until the additional notification has been distributed to the affected residents and businesses. If a Contractor is unable to adhere to his schedule as indicated on his written notification, then all the affected residents and places of business shall be re-notified of the revised schedule, in writing, as indicated above. Contractor costs for all of the above notifications shall be considered as included in the appropriate items of the Bid Proposal. B-3.04 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-4.01 Noise Restrictions —The noise level from the Contractor's operations shall not exceed 85 dBA when measured within a one hundred (100) foot radius at any time. B-5.01 Construction Order of Work — Work shall be scheduled so as to lessen the impact upon businesses. Requirements—General: 1. All construction shall conform to Sections 6-1 and 6-2 of the STANDARD SPECIFICATIONS 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. CS-0821 3 of 16 EXHIBIT B-SPECIAL PROVISIONS 2. Once construction is started in a work area, the Contractor shall not withdraw manpower or equipment from that work area in order to start construction in another work area if doing so, in the opinion of the City Engineer, delays the completion of the work presently under construction. 3. The Contractor shall maintain continuous access to all residents and businesses within the project limits, including drive approaches, unless the Contractor has obtained the approval of I the City Engineer to close either such access or drive approach. { 4. No stockpiling of material and construction equipment on public streets or sidewalks will be permitted on this project unless approved by the City Engineer. Material and equipment placed on public streets, sidewalks and on the construction areas shall be used the same day. i B-6.01 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 faithfiil performance bond, in accordance with Section 6-4, "Termination of the Contract for Default," of the STANDARD SPECIFICATIONS, demanding complete and satisfactory compliance with the Contract. B-7.01 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-7.02 Mobilization — The cost of all preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the project site must be included in the various bid items, and no extra compensation will be paid to the Contractor. B-7.03 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-7.04 Cleaning of Site During Construction — During construction, all existing improvements adjacent to the work area shall be swept free from grindings, gravel, dirt or debris on a daily basis. The Contractor will be responsible for such cleaning. B-7.05 Final Cleaning of Site and Restoration—The Contractor shall be responsible for cleaning and restoration of all damaged existing improvements including but not limited to sidewalks, driveways, curb and gutter, and rip vate property at no cost to the City. CS-0821 4 of 16 EXHIBIT B-SPECIAL PROVISIONS 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 i included in the various bid items, and no extra compensation will be paid to the Contractor. i B-8.01 Protection of the Public —The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the City Engineer, a condition exists in which the Contractor has not taken sufficient precaution of public safety, protection of utilities, and/or protection of adjacent structures or property, the City Engineer will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the City Engineer, or in the event of an emergency situation, the City Engineer may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the City Engineer, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall j be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor. B-9.01 Material Submittals — The Contractor shall provide all required submittals including, but not limited to, shop drawings, materials, and informational materials per Section B11.1 of the Special Provisions 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. I B-10.01 Sanitary Facilities —The Contractor shall furnish and maintain sanitary facilities by the worksites for the entire construction period. The costs for this shall be incorporated in the bid and no extra compensation will be paid to the contractor. I B-1 1.01 General Scope of Work A. General Information Total Footage: 19,500 sf Retrofit: 1,250 sf Coated App: 16,050 sf Cold Process BUR: 2,220 sf No. of Sections: 4 Year of Installation: 15+ Ladder Required: NO Leak Sensitivity: HIGH Leakage: YES Previous Work Done: Minor Repairs CS-0821 5 of 16 EXHIBIT B-SPECIAL PROVISIONS Roof Composition Membrane: Smooth Surface APP (White) APP Retrofit(White) Cold Process BUR(White) Insulation: YES Deck: Metal Drainage: Internal drains with overflow I B. Conditions 1 I Deficiencies Noted: i 3 1. There is moderate ponding on the Upper and Lower main roofs. The coated APP roof system also has had isolated areas of leakage. 2. There is a minor split in the field of the Upper main roof. 3. There are open or failed pitch pans and penetration details on the Upper Main Roof. 4. There are old field repairs in the form of old patch work on the Upper Main Roof. 5. There is minor debris on the roof and in the drain areas. 6. The Lower Roof on the east side of the building has also had some leakage due to a drain detail. 7. The northwest roof has had no leakage. This roof is insulated and there are currently two roofs in place. C. Base Project for Quote 1. Address and seal miscellaneous openings in the open membrane as needed prior to washing of the roof area. 2. Contractor shall power wash the roof per the specification and allow to dry. 3. Reinforce all low or ponding areas by priming with Alpha Guard WR and Coating with Alpha Guard Bio Top Coat(Approximately 450 square feet). 4. Fill all pitch pans and crown. Allow material to cure and coat white. 5. Install TPA bonnets around pipes as needed. 6. Re-seal the existing reglet with TremSeal D. Reglet shall be caulked to provide a water shedding profile. 7. Install walk pads as directed by the City Engineer. S. Reinforce all drains areas with Alpha Guard primer and AG Bio Top coat (Approximately 60 square feet) 9. Reinforce approximately 30' of split membrane with polyester and Alpha Guard Bio. Top coat on Roof section B. 10. Reinforce miscellaneous field splits and defects with a three course of Solar Guard mastic and polyester. 11. Reinforce on Lower Roof on the East end. Rework two drains and reinforce area approximately 500 sq. ft. with polyester, Alpha Guard Bio Top and Base coat. Area to be reinforced shall extend to the back of the AC units. CS-0821 6 of 16 EXHIBIT B-SPECIAL PROVISIONS 12. Perform remedial and preventative maintenance as needed as required by the manufacturer's warranty requirements. 13. Prime the prepared roof with Tremprime: WB at a rate of 200-250 sq. ft. per gallon and allow to dry. 14. Coat roofs with Solargard 6083 Base coat at 1.5 gallons per square foot, allow to cure and apply one coat of Solargard 6083 Top coal at 1.5 gallons per square. 15. Detail sleepers in Section C with regard to ponded water. 16. Provide manufacturers 10 year warranty covering tile Coating and roof systems. D. This Section includes the following: 1. Roof re-coating preparation including roof patching and cleaning preparation for coating. 2. Application of coating on modified bituminous membrane roofing. E. Related Requirements: a. Infrared roof moisture survey report. b. Roof core tensile strength lest report mid analysis. c. Construction Drawings for existing roofing system. F. Materials: i i f 1. Demolished materials shall become Contractor's property and shall be removed from ! project site, i i G. Definitions: 1. Roofing terminology: Refer to ASTM D 1079 and glossary in NRCA's "The NRCA Roofing Manual" for definition of terms related to roofing work in this Section. 2. Existing Roofing System: APP-modified bituminous roofing, and components and accessories between deck and roofing membrane. 3. Roofing Re-Coating Preparation: Existing roofing that is to remain and be prepared to f accept restorative coming application. j 4. Patching: Removal of a portion of existing membrane roofing system from deck or I removal of selected components and accessories from existing membrane roofing system and replacement with similar materials. j 5. Remove: Detach items from existing construction and legally dispose of them off site unless indicated to be removed and reinstalled. 6. Existing to Remain: Existing items of construction that are not indicated to be removed. H. Performance Requirements: � 1. General: Provide recoated roofing membrane and base flashings that remain watertight; do not permit the passage of water; and resist specified uplift pressures, thermally induced movement, and exposure to weather without failure. CS-0821 7 of 16 r 3 i EXHIBIT B-SPECIAL PROVISIONS a. Accelerated Weathering: Roofing system shall withstand 2000 hours of exposure when tested according to ASTM G 152. ASTM G 154, or ASTM U 155. I. Material Compatibility: 1. Provide roofing materials that are compatible with one another under conditions of service and application required, as demonstrated by roofing manufacturer based on testing and field experience. J. Flashings: 1. Comply with requirements of Division 07 Sections "Sheet Metal Flashing and Trim" and "Manufactured Roof Specialties." Provide base flashings. perimeter flashings, detail flashings and component materials that comply with requirements and recommendations of the following: a. FMG 1-49 Loss Prevention Data Sheet for Perimeter Flashings. b. FMC 1-29 Loss Prevention Data Sheet for Above Deck Roof Components. c. NRCA Roofing Manual (Sixth Edition) for construction details and i recommendations. d. SMACNA Architectural Sheet Metal Manual (Seventh Edition) for construction details. s I 2, Solar Reflectance Index: Not less than 100 when calculated according to ASTM E 1980, based on testing identical products by a qualified testing agency. 3. Exterior Fire-Test Exposure: ASTM E 108. Class A: for application and roof slopes indicated, as determined by testing identical membrane roofing materials by a qualified testing agency. Materials shall be identified with appropriate markings of f applicable testing agency. I K. Action Submittals: 1. Product Data: For each type of product specified. a. Indicate CRRC Compliance b. Indicate Energy Star compliance. E L. Information Submittals l 1. Contractor's Product Certificate: Submit notarized certificate, indicating products s intended for Work of this Section, including product names and numbers and manufacturers' names, with statement indicating that products to be provided meet the requirements of the Contract Documents, 2. Qualification Data: For Installer, Manufacturer, and Roofing inspector. CS-0821 8 of 16 8 t C 'J i EXHIBIT B-SPECIAL PROVISIONS a. Letter written for chis Project indicating manufacturer approval of Installer to apply specified products and provide specified warranty. 3. Product Test Reports: Based on evaluation or comprehensive tests performed by manufacturer and witnessed by a qualified testing agency, for components of roofing rehabilitation system. 4. Warranties: Unexecuted sample copies of special warranties. 5. Photographs or Videotape: Show existing conditions of adjoining construction and site improvements, including exterior and interior finish surfaces, which might be misconstrued as having been damaged b—re-coating operations. Submit before Work begins. 6. Inspection Reports: Periodic reports of Roofing Inspector. Include weather condition, description of work performed, tests performed, defective work observed, and corrective actions required and carried out. M. Closeout Submittals: I 1. Maintenance Darn: To include in maintenance manuals. 2. Warranties: Executed copies of approved warranty forms. N. Quality Assurance: 1. Installer Qualifications: An employer of workers trained and certified by manufacturer, including a fulltime on-site supervisor with a minimum of five years of experience installing products comparable to those specified and able to communicate verbally with Contractor, Architect, and employees: and 2. Qualified by the manufacturer to install manufacturer's product and furnish warranty of type specified. O. Manufacturer Qualifications: 1. Approved manufacturer listed in this Section with minimum five years' experience in manufacture of specified products in successful use in similar applications. I j 2. Approval of Other Manufactures and Comparable Products: Submit the following in accordance with project substitution requirements, within time allowed for substitution review: a. Product data, including certified independent test data indicating compliance with requirements. b. Samples of each component. c. Sample submittal from similar project. d. Project references: Minimum of five installations of specified products not less than five years old, with City of Vernon and Architect contact information. CS-0821 9 of 16 EXHIBIT B-SPECIAL PROVISIONS e. Sample warranty. P. Roofing Inspector Qualifications: 1. A technical representative of manufacturer not engaged in the sale of products and experienced in the installation and maintenance of the specified roofing system, qualified to perform roofing observation and inspection specified in Field Quality Control Article, to determine Installer's compliance with the requirements of this Project and approved by the manufacturer to issue warranty certification. The Roofing Inspector shall be one of the following: a. An authorized full-time technical employee of the manufacturer. b. A Registered Roof Observer retained by the Contractor or the Manufacturer and approved by the Manufacturer. c. Manufacturer's Field consultant with at least 20 years of experience. Q. Roofing Rehabilitation Pre-installation Conference: 1. Conduct conference at Project site to comply with requirements in Division 01 Section "Project Management and Coordination." Review methods and procedures related to roofing system. 2. Meet with City of Vernon Staff: roofing re-coating materials manufacturer's representative: roofing recoating Installer including project manager and foreman: and installers whose work interfaces with or affects re-coating including installers of roof accessories and roof-mounted equipment requiring removal and replacement as part of the Work. 3. Review methods and procedures related to re-coating preparation, including membrane roofing system in a manufacturer's written instructions. 4. Review temporary protection requirements for existing roofing system that is to remain, During and after installation. 5. Review roof drainage during each stage of re-coating and review roof drain plugging and plug removal procedures. 6. Review and finalize construction schedule, and verify availability of materials. Installer's personnel, equipment, and facilities needed to make progress and avoid delays, 7. Review and flashings, special roofing details, drainage and low areas, penetrations, Equipment curbs, and condition of other construction that will affect re-coating. 8. Review governing regulations and requirements for insurance and certificates if applicable, 9. Review existing conditions that may require notification of City of Vernon before proceeding. R. Project Conditions: 1. City of Vernon assumes no responsibility for condition of areas to be rehabilitated. CS-0821 10 of 16 EXHIBIT B-SPECIAL PROVISIONS 2. Conditions existing at time of inspection for bidding will be maintained by City of Vernon as far as practical. 3. Contractor is responsible for conclusions derived fi•om City of Vernon's existing condition documents. S. City of Vernon will occupy portions of building immediately below re-coating area. Conduct re-coating so City of Vernon's operations will not be disrupted. Provide City of Vernon with not less than 72 hours' notice of activities that may affect City of Vernon's operations. T. Protect building to be rehabilitated, adjacent buildings, walkways, site improvements, exterior plantings, and landscaping from damage or soiling from rehabilitation operations. U. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. V. Weather Limitations: Proceed with rehabilitation work only when existing and forecasted weather conditions permit Work to proceed without water entering into existing roofing system or building. W. Hazardous Materials: It is not expected that hazardous materials such as asbestos- containing material will be encountered in the Work. 1. If materials suspected of containing hazardous material are encountered, do not 1 disturb: immediately notify Architect and City of Vernon. Hazardous materials will be removed by City of Vernon under a separate contract. i i B-12.01 WARRANTY i A. Special Warranty for Roof Rehabilitation: Written warranty in which Manufacturer agrees to repair roof rehabilitation installation that fails in materials or workmanship with specified warranty period. I 1. Failures include, but are not limited to, the following: i a. Membrane failures including rupturing, cracking, or puncturing. b. Deterioration of membranes, coatings, metals, metal finishes, and other associated material beyond normal weathering 2. Limit of Warranty Coverage for Repair of Roof Rehabilitation: Not to exceed original purchase price of manufacturer's recoating materials, except that manufactures may �} elect to apply the limit amount toward the following. I a. Purchase of a new replacement roof within the first 5 years following j completion of rehabilitation work. CS-0821 11 of 16 f 3 6 EXHIBIT B-SPECIAL PROVISIONS 3. Qualified Installer Requirement: Installer must meet requirements of Quality Assurance Article. 4. Installation Inspection Requirement: By Roofing Inspector in accordance with requirements of Part 3 Field Quality Control Article. 5. Annual Manufacturer Inspections and Preventive Maintenance Requirement: By y manufacturer's technical representative, to report maintenance responsibilities to City of Vernon necessary for preservation of City of Vernon's warranty rights. The cost of + manufacturer's annual inspections and preventive maintenance is included in the Contract Sum. Inspections to occur in Year 2 and 5 following completion. 6. Warranty Period: 10 years from date of completion of rehabilitation work. B-13.01 PRODUCTS B-13.02 MANUFACTURERS A. Basis-of-Design Manufacturer/Product: The roof system specified in this Section is based upon products of Tremco, Inc., Vernon, California (800)282-4343. www.tremcoroofing.com that are named in other Part 2 articles. B-13.03 MATERIALS. GENERAL A. General: Re-coating materials recommended by roofing system manufacturer for intended use and compatible with components of existing membrane roofing system. B. Temporary Roofing Materials: Selection of materials and design of temporary roofing is responsibility of Contractor. i C. Infill Materials: Where required to replace test scores and to patch existing roofing, use infill materials matching existing membrane roofing system materials, unless otherwise indicated. B-13.04 RESTORATIVE COATINGS AND TOP COATINGS i A. Elastomeric Coating: ASTM D 6083, solar-reflective acrylic elastomer emulsion coating. I li 1. Basis of design product: Tremco, Solargard 6083. 2. Solar Reflectance Index (SRI), white, ASTM E 1980: 105 initial: 100 aged 3. Volatile Organic Compounds (VOC), maximum, ASTM D 3960: Less than 50 g/L 4. Tensile Strength at 73 deg. F (23 deg. C). minimum ASTM D 2370: Greater than 240 psi (17000a) 5. Elongation at 73 deg. F (23 deg. C). minimum ASTM 2370: Greater than 350 percent 6. Flexibility at -15 deg F (-26 deg C), ASTM D 522: Pass '/2 inch mandrel after 1000 hrs. accelerated weathering 7. Hardness. Shore A. minimum. ASTM 2240: 80 CS-0821 12 of 16 EXHIBIT B-SPECIAL PROVISIONS i i 8. Color: White I z I B-13.05 MEMBRANE REINFORCING PLIES A. Polyester Reinforcing Fabric: 100 percent stitch-bonded mildew-resistant polyester fabric intended for reinforcement of compatible fluid-applied membranes and flashings. 1. Basis of Design Product: Tremco, Permafab 2. Tensile Strength. ASTM D 1682"Not less than 501bf(222 N). 3. Elongation, ASTM D 1682: Not less than 60 percent. 4. Tear Strength, ASTM D 1117: Not less than 16 lbf. (70N). 5. Weight: 3 oz./sq. yd. (102 g/sg.m.) B-13.06 MEMBRANE PRIMER A. Asphalt Primer,Water-Based: Water-based, polymer modified, asphalt primer 1. Basis of design product: Tremco,Tremprime WB. 2. Volatile Organic Compounds (VOC), maximum, ASTM D 3960: 2 g/L i B-13.07 POLYURETHANE COATING SYSTEM A. Bio-Based Polyurethane roof Coating Base Coat: Two-part catalyzed low-odor polyurethane roof base coating formulated for direct application and for use with fiber reinforcement in conjunction with a compatible top coat. 1. Basis of Design Product: Tremco,A1phaGuard BIO Base Coat. 2, Volatile Organic Compounds (VOC). Maximum ASTM D3960: 1 g/L 3. Combustion Characteristics. UL 790: Class A 4. Bio-Based Content: Not less than 20 percent 5. Percent solids, by volume, ASTM D 2697: 100 6. Percent solids, by weight, ASTM D 1644: 100 B. Bio-Based Polyurethane Roof Coating Top Coat: Two-part catalyzed low-odor polyurethane roof top coating formulated for direct application over compatible reinforced base coat. 1. Basis of Design Product: Tremco, A1phaGuard BIO Top Coat. 2. Volatile Organic Compounds (VOC). Maximum ASTM D3960: 6 g/L 3. Combustion Characteristics. UL 790: Class A 4. Bio-Based Content: Not less than 20 percent 5. Percent solids, by volume, ASTM D 2697: 100 6. Percent solids, by weight, ASTM D 1644: 100 7. Water Vapor Transmission. ASTM E 96, Wet Cup: 0.020 perm-in(1.32 g/m2/day). CS-0821 13 of 16 EXHIBIT B-SPECIAL PROVISIONS B-13.08 AUXILARY ROOFING MEMBRANE MATERIALS A. General: Auxiliary materials recommended by roofing system manufacturer for intended use and compatible with existing roofing system. B. Asphalt Roofing Cement: ASTM D4586, asbestos free, of consistency required by roofing system manufacturer for application i i C. Mastic Sealant: Polyisobutylene, plain or modified bitumen, nonhardening, nonmigrating, nonskinning, and nondrying. D. Elastomeric Pitch Pocket Sealer: Solvent-free, low-odor, two-component, fast setting urethane sealant, ASTM C920, Type M, Grade P. Class 12.5 Use O, specially formulated for compatibility and use with specified roofing membranes and flashings. 1. Basis of design product: Tremeo, TremSeal Pitch Pocket Sealer 2. Volatile Organic Compounds(VOC), maximum ASTM D 3960: 0 g/L 3. Hardness, ASTM C 661: Shore A 40-44 E. Solar Guard White Mastic F. Alpha Guard WB primer G. Miscellaneous Accessories: Provide miscellaneous accessories recommended by roofing system manufacturer. B-13.09 WALKWAYS A. Walkway Pads: Mineral-granule-surfaced,reinforced asphaltic composition, slip-resisting pads manufactured as a traffic pad for foot traffic and acceptable to roofing system manufacturer, ([3/8 inch (9mm)] [1/2 inch(13mm] [3/4 inch(19mm] thick, minimum. i i 1. Basis of design product: Tremeo, Trem-Tred 2. Flexural Strength at mac. Load. Minimum. ASTM C 203: 218 psi (1.5 kPa) 3. Granule adhesion(weight loss), maximum ASTM D 4977: 1.1 gram 4. Impact Resistance at 77 deg. F (25 deg. Q. ASTM D 3746. No Damage to Roof. 5. Pad Size: 3 by 4 foot(914 by 1220 mm). B-14.01 EXECUTION B-14.02 EXISTING WARRANTIES CS-0821 14 of 16 EXHIBIT B-SPECIAL PROVISIONS A. Notify warrantor of extent of work. Do not proceed with work that will diminish City of Vernon's protection under existing warranties unless directed by City of Vernon. Warranted Section on this project are A, D, and E. B-14.03 PREPARATION A. Protect existing roofing system that is indicated not to be rehabilitated and adjacent portion of building and building equipment. i 1. Comply with warranty requirements of existing roof membrane manufacturer 2. Limit traffic and material storage to areas of existing roofing membranes that have been protected. 3. Maintain temporary protection and leave in place until replacement roofing has been completed. B. Maintain roof drains in fimctioning condition to ensure roof drainage at end of each workday. Prevent debris from entering or blocking roof drains and conductors. Use roof drain plugs specifically designed for this purpose. Remove roof-drain plugs at end of each workday, when no work is taking place, or when rain is forecast. 1. Do not permit water to enter into or under existing membrane roofing system components that are to remain. i B-14.04 ROOFING RE-COATING PREPARATION i A. Membrane Surface Preparation: 1. Remove blisters, ridges, buckles, and other substrate irregularities from existing roofing membrane that would inhibit application of uniform, waterproof coating. 2. Repair membrane at locations where irregularities have been removed. 3. Broom clean existing substrate 4. Clean substrate of contaminant such as dirt, debris, oil, and grease that can affect adhesion of coating by power washing at maximum 800 psi. Allow to dry thoroughly, 5. Verify that existing substrate is dry before proceeding with application of coating. Spot check substrates with an electrical capacitance moisture-detection meter. B. Membrane Reinforcement Plies: Install reinforcement at alligatored substrates, along valleys, at areas of ponding and where additionally indicated. 1. Install one ply sheets stating at low point of roofing system. Align ply sheets without stretching. Shingle side laps of ply sheets uniformly to achieve required number-of plies throughout thickness of roofing membrane. Shingle in direction to shed water. Extend ply sheets over and terminate beyond cants. CS-0821 15 of 16 EXHIBIT B-SPECIAL PROVISIONS i i 2. Embed each ply sheet in a solid mopping of cold, fluid-applied adhesive, applied at rate required by roofing system manufacturer, to form a uniform membrane without ply sheets touching. C. Roof Patching: Notify City of Vernon each day of extent of roof tear-off proposed and obtain authorization to proceed. 1. Build-up isolated low spots on existing roofing membrane with recoating manufacturer's recommended products to alleviate ponding. 2. Limited Roof Tear-Off: Where indicated, removed existing roofing membrane and other membrane roofing system components clown to the deck. Fill in the tear-off j areas to match existing membrane roofing system construction. 3. During removal operations, have sufficient and suitable materials on-site to facilitate rapid installation of temporary protection in the event of unexpected rain. B-14.05 FLASHING REPAIR A. Repair flashings, gravel stops, copings, and other roof-related sheet metal and trim elements. Reseal joints,replace loose or missing fasteners, and replace components where required to leave in a watertight condition. B-14.06 ROOF COATING APPLICATION A. Restorative/ Reflective Coating: Promptly after preparing membrane substrate and base flashings, prime with Tremprime WB at 200 square feet per gallon. Allow primer to dry and coat with a two part acrylic coating system. Apply reflective top coat according to manufacturer's written instructions, by spray, roller, or other suitable, application method. Apply in two coat application of 1.5 gal. /100 sq. ft. of base coat and 1.5 gallons per sw. ft. of Top coat. B-14.07 WALKWAY INSTALLATION A. Reinstall walkways following application of coating. Locate as indicated or as directed by City of Vernon. B-14.08 PROTECTING AND CLEANING A. Protect roofing system from damage and wear during remainder of construction period. B. Correct deficiencies in or remove coating that does not comply with requirements, repair substrates, and reapply coating. C. Clean overspray and spillage from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction. CS-0821 16 of 16 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. I I i i I 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. 0 4 H� N, V-, 2 0 2 _? � co 4 N� 2v N�0 Ov 0� m 4 2. Z J � W 4 4 � N Ul0 U f" O�Z � o a lSa W mv- � J v 0 w z w� BIDDING FORMS BIDDER'S PROPOSAL. j The undersigned submits this Bid in response to the Notice Inviting Bids issued by the City to construct the Work of the following Project in accordance with the Contract Documents: i PROJECT: City Hail Roof Repairs,Contract No.0821 A. Enclosed herewith and by this reference incorporated herein and made a part of this Bidder's Bid are the following completed forms: I 1. Bidder's Proposal 2. Schedule of Bid Prices 3. Incumbency Certificate 4. Bid Security in the following form(check one): I I ❑Cashier's Check ❑Certified Check ®Bid Bond ❑Cash 5. Bidder's Statement of Qualifications s 6. Experience Form j 7. Statement of Violations of Federal,State or Local Law,if applicable I 1 6, Specialty Contractor Statement of Qualifications 9, Contractor Safety Questionnaire 1 i 10. Designation of Subcontractors 11. Contractor's Affidavit of Noncolluslon 12. Insurance Requirements Affidavit 13. Statement of Disquallf!cation or Debarment. 14, Pre-Bid Site Inspection Certification. B. Acknowledgment of Addenda. The Bidder shall acknowledge the receipt of all Addenda by attaching a signed copy of all Addenda,and by listing all Addenda received and attached in the space below. NONE If an Addendum or Addenda have been issued by the City and not attached and noted above as being received by the Bidder,the Bid may be rejected. C. Inspection of the Work and Contract Documents, Bidder certifies that it has carefully examined and is fully familiar with all of the provisions of the Bidding Documents and said Bidding Documents contain sufficient detail regarding the Work to be performed;that it has notified City of any errors or omissions in the Bldding 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 BF 1 of 36 BIDDING FORMS inspected the site and related Drawings and Specifications of Work and fully acquainted themselves with all conditions and matters which may in any way affect the Work,time of completion or the costs thereof. Bidder also certifies he/she has observed the designated Contractor Work areas and access routes,if disclosed or shown,as part of the Work in this Contract. SITE INSPECTION—CERTIFICATION: Person(s)who inspected site of the proposed Work for your firm: Name: Matt Adab Date of Inspection May 02, 2017 Title: Project Estimator I Name: N/A Date of inspection N/A I i Title: N/A 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 applled by the City towards payment of the damage to the City on account of such 4 I 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 helshe 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 9th day of MU 2017 at Gardena California City State Bidder's Proposal Respectfully Submitted, BF2of36 BIDDING FORMS NAME OF BIDDER I ` COMPANY Best Contracting Services,Inc. i NAME: ADDRESS; 19027 S. Hamilton Ave. Gardena,CA 90248 CONTACT PERSON: Matt Adab, Project Estimator TELEPHONE NUMBER: (310) 328-6969 FAX NUMBER: (310) 328-9176 j 3 E-MAIL; madab@bestcontracting.com I CALIFORNIA STATE CONTRACTOR'S LICENSE NUMBER: #456263 1 EXPIRATION DATE: May 31,2018 ' TAX IDENTIFICATION NO,; 95-3781209 SURETY COMPANY: Hanover Insurance Company I1 All Bid forms must be signed where so indicated by the person or persons duty 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 signaturo block below and fill in all related information. Sole Proprietorship: By: N/A Title: Printed name of person signing j Signature s List all d/b/a's: Partnership: General Partner Limited Partner By: N/A Title: Printed name of person signing Signature I i BF3of36 BIDDING FORMS ❑ Corporation: B : Sga�i Tali'Jz Corporate Officer Title: CEO/Secretary Y Prjnted qahie of n signing ,,,- Corporate Seal /! y✓'• Sig61Ld i ❑ Joint Venture: ❑ Corporation ❑ Partnership ❑ Individual ❑ Other By: N/A Title: Printed name of person signing I r Signature I 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 I business address and Include an Incumbency certificate executed by a Secretary thereof in the form set forth herein 1 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 I 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.] BF4of36 ol�Z�n9!n the B1- W19�r i 3 j March 30, 2007 I I I I f To Whom It May Concern; This communication is to notify you that effective March 23, 2007 our company name, Best Roofing & Waterproofing, Inc. has been changed to Best Contracting Services, Inc, z Kindly update your records accordingly { I /r• @ jD 1 � Moji Tabazadeh, President i f i 19027 S.Hamilton Avenue,Gardena,CA 90248 Tel:(310)328-6969 Fay:(310)328-9176 www:bestcontractina.com info@besteontractinu.com An Equal Opportunity Employer Contractor's License#456263 Approved Contractor A 065 8 29 In talc.offlce of the sayetary of 9Wn �;411n S(ntn o�Orpfoer�l� CERTIFICATE OF AMENDMENT MENT MAR � -0 OF A- TICLES OF NCORPORATION OF ROOF NI WATERPROOF1 q-lr. i The undersigned certify that: 1. They are the President and Secretary, respectively, of lest Roofing Waterproofing, .Inc., a California corporation. 2. Article I of the Articles of Incorporation of this corporation is amended to read as j follows: The name oflthis corporation is.hest Contracting Services, Inc. 3. The foregoing am- endment of Articles of Incorporation has been duly approved by the board of directors. 4. The foregoing,amends-.ent of Articles of Incorporation has been duly srpprovcd by the required mote of the shareholders ii accordance with Section 902, Califomia r of outstanding shares of the corporation is Corporation Code. Th�,total riuinbe 100. 'the number ofsl"iaees votirag in favor of amendment equaled or exceeded the vote required. The percentage vote required was more than 50%. We further declare under penalty of perjury under the laws of the State of Califamia that the matters set forth in this certificate are true and correct of our own knowledge. ate: March 15 'T•abazadeh, . r, ent ea adeh, ecretary i I i ti, i, BEST CONTRACTING SERVICES,INC. MINUTES OF SPECIAL BOARD OF DIRECTORS MEETING i Date: June 1,2015 Place: 19027 S. Hamilton Ave„Gardena,California Nature of Meeting: Special Meeting called by: President Notice, Was waived ! Directors present: Modjtaba Tabazadeh, Sean Tabazadeh Directors absent: None jShareholders present: Sean Tabazadeh Shareholders absent : None f Others present: None ' 1. Call to Order The meeting of directors was called to order at 2:00 p,m. by Modjtaba Tabazadeb, the President of the Corporation who announced that a quorum was present. The President further announced that this meeting was held pursuant to written waiver of notice and consent to the The waiver and consent was presented to this meeting and, on a motion holding of this meeting. duly made,seconded and unanimously carried, was made a part of the records and ordered inserted in the corporation's Minute Book immediately preceding the records of this meeting. 2. Approval of Prior Minutes The Minutes of the last meeting of directors was then read and approved. I 3. Adoption of Resolution The following resolution was considered by the Board and adopted by majority vote of the directors present: WHEREAS, Several Public Agencies that Corporation bids or has contract with require the Corporation to authorize an individual to execute the Agreements and the Bonds required by the Contract Documents, I 4 i i i NOW, THEREFORE, BE IT RESOLVED, that the following persons are authorized to execute the Agreements and the Bonds required by the Contract Documents. Authorized„persons: 1 Modjtaba Tabazadeh Sean Tabazadeh i Gary Sdao Voting for: Modjtaba,Tabazadeh,Sean Tabazadeh, I Voting against: None I I ! 4. Adjournment i There being no further business to come before the meeting, upon motion dul made, the meeting was adjourned at 2:15 p.m. Date: June 1,2015 Sean Tabazadeh,Secretary r, i i i i i WAIVER OF NOTICE AND CONSENT TO HOLDING OF SPECIAL BOARD MEETING OF DIRECTORS OF BEST CONTRACTNG SERVICES, INC. The undersigned, being the directors of BEST CONTRACTING SERVICES, rNC., hereby waive notice of and consent to the holding of the Special joint meering of Ebc directors and sharehnldcrs on dune _, 20I5, at 2:00 p_n- , at 19027 S_ Hanr lton Ave,, Ga*nk California, and agree that any business transacted at said nareting shall be as valid and ]egal and of the same Forte and effect as though said meeting were held alter notice duly given_ Date: June_ . 2015 { a Moditaba Tabsia BIDDING FORMS SCHEDULE OF BID PRICES PROJECT: City Hall Roof Repairs,Contract No.CS-0621 BIDDER'S NAME: Best Contracting Services,Inc. BASE BID KnU ant ra arld in compliance with your Notice nviHng Bids and Contract Documents relating to the Project including all Addenda (aW signed"es), Bidder, Having mamma thoroughly familier with the terms and conditions of the wt-act Documents and with local zxldtrons affecting tho 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 acoordance with the Contract❑oc rrnwts(IndudGig the furnishing of any and all labor, materials, toots, 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: hlinety Four T110LlSAIld 0[ie HundredScventy Nine Dowers (3 94,179.00 I Item Description Units Quantity Unit Cost Amount No. 1, City Hall Roof Repairs per 1 LS 1 S ecificatlons. $94,179.00 $94,179.00 BIDTOTAL $94,179.00 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 bld items. If there is a discrepancy between(1)the"Grand Total"shown immediately above,(2)any of the"total cosh" shown In the far right columin above,or(3)the individual Unit Price,than 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 uncertai n for any cause,or Is omitted,or Is the same amount as the entry for the Item total, then the Item total shall p revall and shall be divided by the estimated quantity for the Remand the price thus obtained ahali be the unit price. Bidder shall exclude the cost of Permft fees from Bidder's Base Bid sum; BF5of36 BIDDING FORMS Res 22_8.Hamilton Ave.Gardena,CA 90248 Address Sean Tabaxadah,CEO/SecrctTj May 09,201�- Title � Dale — #456263 -May 31,2018 i License Number Date of Expiration (SEAL-if Bid is by a corporation) Candys Simpkins, Attest Bid Coordinator Amount of Cent led or s Check or Bid Bond 5% - Hanover Insurance Company _ Name of Bonding Company -! BF6of36 MWNG FORMS INCUMBENCY CERTIFICATE Pdrtt legibly the names and title of the president and all ofters of the Company who are authorized to sign the Bid Forms: 4 L PRESIDENTS& FI 'NAME: TITLE: M2ji Tabazadeh President Sean Tabazadeh CEO/Secretary/RMO The uwderslgW hereby carufles to the City of Vernon that he/she is the duly elected and acting Secretary of Rest Contractin g Services, Inc_ (the'Company),and that,as such,he/she is authorized to execute this Incumbency CertifmW on behalf of the Company, and further certifies that the persons named above are the duly atecW,quatlfied and actig officers of the Company,holding on the date hereof,the thles and positions set forth opposite their names and are authorized to sign the Bid Forms. May IN WITNESS WHEREOF, the undersigned has executed this Incumbency Oagiftcale this 9th day of ,20 Scsn'i'abz eli, Secretary f t�i trgry"4nAre BF7of36 BIDDING FOfiMS Bond No.: NIA Premium Amount!$ NIX Bondy qte m Data: 5/8 2 61D BOND IT The GW of Va m1,Ctlaornla Mn has Issued a NafIf10 MvIft Bldg for the YM dumbed as Movrs: Specification No.-B82 L- City Hall Roof Repairs In Vernon,CA.('Projec;�, 2, in response to the Notice Inviting B1ds, Best l`on t;t ling Services, ln�, Name.address,and telephone otCanu&eM 19027 S Hamilton Ave,Gardena,CA 90248 (310) 328-6969 has submitted the eccompdnft Bid for the Project. 1 Prbdpal is required tmdal the Win of to SpedA Wan—and so Oft Documents refortenced in it—to furnish e bond with the Bid. 4. The Specifiaatlon, Including all its amendments and supplements,and PrinelpaPa Bid am Inwrporated Into this Bond and made a part of 0 by this reference. MUM THEREFORE.for vahte recaiwd,We.Principal and The Hanover Insurance Company 5 Hutton Centre Dr.Suite 1060 Santa Ana,CA 92707 (Name,address,and telephone of Sa 714-415-3808 ('9urety'). a duty sdlat&A f kmtx under Cailomia's laws,agree as loi m: By this Bond,We Jointly end severely obligate and b1nd oumalvies,and our respects helm,executors,administrators, sumcesm%sad assign#to pity City ft postal sure of Dokdoe 14$ }(the Sanded um-), tris anaoint c� Vsag not less than FI1f� PBRC:ENT 15%)of P*dpart Base Bid. in lawful money of tits uNbed Slabs of A,rerfcst_ The CoNamis Licensed Resident Agent for Stuety is: Global Risk,LLC 800 Wilshire Blvd. 2nd Floor Los Angeles,CA 90017 (Nome,ediroee,end telephone) .^ .,.. 213-550-2253 Reamtered AWS Cdllomia Department of Insurance License No, OL60361 THE CONDITION OF THIS BOND'S OBLIGATION IS THAT, If: (1) Principal does not(a)withdraw its Bid fur the period specified in the Bidding Documents, ap--if no period Is specfied—fa 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§6101 et sari,or any sucemor legislation, are not met; or(2)City awarda FYnc4*tie Contract in response to Principal's 8fd,and witltin the time and mannet spetifted by the Speftelion of Contract Documents or— If no period Is specified—within fourteen(14)calendar days after the Contract's award,Pdneipal(a)signs and delivers to City the Contrail,in accordance with the Jild as accepted,(b)furnishes the required bords for not only PrInclpaPs faithful perfarrnance and propel fuMltiment 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. Otherinin,this Band remains in full forte and effect,and the faiawing terms and COWI1orI3 apply to this Bond: 1. Surety's ohllgadws. under this Bond am separate, independent from, and not contingent upon any other surelq'e guaranteeing that upon CWo awarding the Contract to Prfenfpal,the Principal kil enter into the Contract wlth City. 2, No right of action ecomee an this Band to any andy other then City or Its sucasmrs and ata*s. 3 If an action at law or In equity Is mmsery to enforce or Interpret this Bond's terms.Surely must pay-In addltlon to the Bonded Sum--Cly's reasortaM aftmeyr'fees end Iltigallan writs,in an amount the court fires. BF 0 of 36 110MG FORM 4. Surely shall mall City written notlea at least 30 dwys before. (a)the effective date on whkh the surely Will Cancel, tennho,or wdhdraw from this Band;or(b)this Band becomes veld or une*=sWe for anyrsason. 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 r3pvm ative(s(under the authority of its gaveming body. Date; MaX 8th. 2[} ; ,PRI"CIPAt.. SURETY: la�>s�a t ��r:aLsin tii t. he H anOYCr id1641.kuIA�C G,urn an } (traarpandr limn} 14 By, Sean Tabazadeh (Name) Its: CEO/secretary its, Artorney.ia-Nast (Title) Rltlei Address for Serving NoOm or Other Dowmanis: Address for Serving Notices or Other Documeft 19027 S Hamilton Ave 800 Wiishlre Blvd. 2nd Floor Gardena,l:A 90248 Los Angeles,CA 90017 CORPORATE SEAL CORPORAT!SPAL I L EM MCEMEWBFATTAChWOFTNEA YOFANYPFRSOIYSIGNpIIGASATMVEY4*FACT. ■ THEA?7'Q V&nf BIFFACrSSnMTUREMJSTBENOTAPaM A COMCR M SEA[,MUST BE WRESSED ON 7W FORM ItVFf A THE PRWGIPAt,OR THE SSURM GR OM AREA CONIORAT1t71r1t I i I I BF 8 oI 36 * Notary Attached * BIDDINGFCRMS BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY-IN-FACT STATE OF CALIFORNIA } I ) 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 i basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney I in tact of ,and acknowledged to me that helshe subscribed the name of thereto as principal, and histhe own name as attorney in fact. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph Is true and correct. Notary Public SEAL BF 10 of 36 MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA f PO WER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except In the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the lawsof the State of Michigan,(hereinafter individually and collectively the"Company')does hereby constitute and appoint, Patrick T.Moughan,Mark D.Klger,Alec 0.Martinez,Erin Powell andlor Anghan Guo Of Global Risk,LLC of Los Angeles,CA each individually,if there be more man one named,as its true and lawful attomey(s)-in-fact to sign,execute,seal, acknowledge aril deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, reeognizances, undertakings, or other surety obligations. The execution of such surety bonds, reeognizances, undertakings or surety oblkgatiarrs,in pursuance of these presents,shall be as binding upon the Company as if they had been duty signed by the president and attested by the secretary of the Company,In their own proper persons.Provided however,that this power of attorney limits the acts of those named herein;and they have no authority to bind the Company except In the manner stated and to the extent of any limitation stated below: Any such obligations In the United States,not to exceed Fifty Million and No1100 4=60,000,000)in any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company,and said Resolutions remain In full force and effect RESOLVED. That the President or any Vice President,In conjunction with any Vice President,be and they hereby are authorized and empowered to appoint Attorneys-in-fact of the Company,in its name and as it acts,to execute and sclatowledge for and on its behalf as surety,any and all bonds, fecognizances,contracts of inde tinnily,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company Any such writings so executed by such Atlwneys-in-fact shatf be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons RESOLVED:That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or Vice President In conjunction with any Vice President of the Company,shall be binding on the Company to the same Went as If all signatures(herein were manually affixed,even though one or more of any such signatures thereon may be facsunk(Adopted October 7, 1991 -The Hanover Insurance Company;Adopted April 14. 1902-Massachusetts Bay Insurance Company;Adopted September 7,2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seats,duly attested by two Vice Presidents,this 29h day of March,2017. Tin Hanover lna,rence CMpanlr Tlr wnrror Inmraeca[a+�MrN' NassacFL,c%attn Say lnsalranca Camps CitQarm inawat"tam ny or Amerce +f" Maaaadwrtetla Aay ia, ace COMPANYC iaa, lnaurance Company of America ;7-:; - lsn ae 14 Joim C Roche,EVP and President James H-liavnecki. Vice Praaldent THE COMMONWEALTH OF MASSACHUSETTS } COUNTY OF WORCESTER )ss On this 29th day of March.2017 before me came the above named Vice Presidents of The Hanover Insurance Company,Massachusetts Bay insurance Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers described herein,and acknoMedgedthat the seats affixed to the preceding Instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively,and!hail the said corporate seals and their signatures as officers.were duty affixed and subscribed to said Instrument by the auMority and direction of said Coroorallons. Q �. rtArtr `4 0--urn ter !]lane I Ifa ti Narmy HdHI, My C,u,v,uuum 11.0,r %J N h+,'G" I,the un[$e !3ned Vice President of The Hanover insurance Company,hlassachl,sers Bay Issuance Company and Citizens Insurance Company of America, #rereby cerlify that the alcove and foregoing is a full,trine and cares copy of the Originai Pow of Attomey issued by said Companies,and do hereby further certify that L:1B said Powers of aiaomey are slid in force and effect GIVEN under my hand and the seats of said Companies,at Worcester,Massachusetts,this&I day of May 2017 CERTIFIED COPY I Cr�f4. -- - — — 'nreodon G.Mrllrwx.Vine Pr�Hidptn, C CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity i of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Los Angeles } On May 8, 2017 before me, Zipporah Kiger, Notary Public e irim nano ana 6us3Ni=� j personally appeared Jinghan Guo who proved to me on the basis of satisfactory evidence to be the person{&) whose name(e•)(Is re subscribed to the within instrument and acknowledged to me that hel@?)they executed the same in his their authorized capacity(ise), and that by hiss ytheir signature(&") on the instrument the person(&), or the entity upon behalf of which the person(e•) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ZIPPORAH 0 KI E4 WITNESS m hand and official seal- ��yy 4 _LL c4�rrir,tnssion NO 2180589 X Y t� a ' r NOTARY Pu9UC CALIFORNIA 22 LEIS AW 1 L i C OLINT Y fVe7lry Is IC i (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLECING'f HIS FORM This form complies with current California statutes regarding notary warding and. DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,should be completed andattaehedto the docwnent Acbrowledgmentr front other states may be completed jor documents being sent to that state so long Bid Bond as the wording does not regwre the California notary to violate California notary -- law (Title at description of attached document) . State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment . Dale of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document eonfinued) must also be the same date the acknowledgment is completed . 'the notary public must print his or her name as itappears within his or her Number of Pages 4 Document Date 5/8/17— � commission followed by a comma and then your title(notary public) . Print the name(s) of document signer(&) who personally appear at the time of notanzation CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural tbrms by crossing off incorrect forts(i e El Individual(s) Wshchhey is lace)or circling the correct forms Failure to correctly indicate this information may lead to rejection of document rmarding ❑ Corporate Officer . The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If seat impression smudges,re-scat if a (TiI sufficient area permits,otherwise complete a different acknowledgment form ❑ Partner(s) . Signature of the notary public must match the signature an file with the office of the county clerk. 0 Attorney-in-Fact a Additional information is not required but could help to ensure this Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other 0 Indicate title or type of attached doeummL number of pages and date 0 Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer,indicate the title(i.e CEO,CFO,Secretary) 2015 Version www.NotaryClassee.com 800-873-0865 1 Securely attach this document to the signed dociunent with a stapie BIDDING FORMS BIDDER'S STATEMENT OF QUALIFICATIONS 1. ORGANIZATION 1.1 How many years has your organization been in business as a Contractor? 35 Years 1.2 How many years has your organization been in business under its present name? 10 Years-Name change 311V2007 to better reflect scope of work 1.2.1 Under what other names has your organization operated? License 0 has remained the same. Best Roofing Company Best Roofing&Waterproofing,Inc. 1.3 If your organization Is a corporation,answer the foll whV: 1.3.1 Date of incorporationlorganlzation:_ Septemehr 17, t982 1.3.2 State of incorporationlorganizatlom California 1.3.3 Corporate ID number: CORP NO.A052284 0 1.3.4 Name of President: Moji Tabazadeh 1.3.5 Agent for Service of Process: Sean Tahazadeh,CEOISecretarylRMO 1.4 If your organization is a partnership,answer the following: 1.4.1 hate of organizafionlformation: NIA 1.4.2 Type of partnership(if applicable): NIA 1.4.3 Nama(s)of general partner(s): NIA 1.4.4 list all states in which you are registered and state ID numbers for each: N;'h 1.5 If your organization is Individually owned,answer the following: 1.5.1 Date of organization: NIA 1.5.2 Name of owner. NIA 1.6 If the form of your organization is other than those listed above,describe It and name the principals: NIA____. BF 11 of 36 BIDDING FORMS 2. LICENSIING 2.1 List jurisdictions in which your organizaton Is legs quaVad to do business, indicate registration or Icanse numbers,ark categc ry of license,If appllcabfe. =yee Atrachrd List 2.2 List jurisdictions in which your organization's partnership or trade name is filed. Sce Attached UsL ' 2.3 List any licensing suspensions and/or violations assessed against your organization within the past five years. None 3. EXPERIENCE i 3.1 Llst the catrigories of Work that your organization normally wrforms with Its own personnel. Rnorin Waterprot3fing.Shen hictal,{.1azin ,Wall Panels,Solar St Garden Roof 3.2 On the Experience Form, list the project information that establishes that Bidder meats the essential requirements for quallfullion set forth in the Mandatory Qualifications paragraph of the Notice Inviting Bids for this Project, *See Attached Experience Form 3.3 On a separate sheet, list projects to which your firm or business has been awarded a government coniraot 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). *See Attached References 3,4 On a separate sheet,list the experience and present commitments of the key individuals of your organization, -See Attached"Best Team" 4, CLAIMS;LAWSUITS;CRIMINAL ACTS For the following questions, the term"owns 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 bean 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 agreemenl? ❑YES l2 NO BF 12 of 36 LICENSING - 2.1 & 2.2 California : # 456263 Class: A,B,C 17,C39,C43 Expires: 5/31/2018 Nevada License; # 0071986 Class: C15 Expires: 10/31/2017 Washington License: # BESTCCS916K6 Expires: 7/06/2017 Arizona License: # 273292 Class: L-42 Expires: 6/30/2017 GSA Contract Number: GS-07F-0422X s r me e g as a e ea �dde @ a a g a g y g aae lax a s 1 91- " a 9 i 1 eaa Q � s ss a �a aa�ss . s s s � s a 3 � a a a s a s3a sa a 5 � a s THE "BEST" y Moji Tabs—iprrrMw Mr.Tabs has been in the construction business for 50 years end has a Masters Degree in Civil Engineering. San Tabu—Chief Erecudw Opker Sean is the conhpany RMO(licanse holder)and has a Masters Degree in Electrical Engineering. Bob M--Chisfope atials Ofj7eer In addition to his 40 years of roofing industry experience Bob has a Bachelors Degree in Business Admininmdon He is a member of several NRCA committees,and a member of the RIEI staff. Gary S'Dao—VP Gary came to us from Alcal Arcade Contracting and has 39 yeara experience in the construction industry Katfae Martin—Controller An alumnus of PrirowetvhouseCoopen and graduate of California State University,Lang Beach,Kathe carve to BEST with aver 7S years of experience in Accamting and management Alan Rosenthal—Senior Essisnafor,Facade Dieisioa Alan has a degree Structural Engineering and has 32 years experience in construction managetinerit, 10 yam with BEST m a Project Manager and Building Envelopes Systern Estimator. He holds CA Cmtracturs Cicensraa A,%C8,CI7,C39 and C43 Alona Allmagno-Arofeet Manage.,Wderprvefins Dipiriox Aloha has it degree in Architecture. She conies to BEST with 3 yrs experience in construction management and design and is currently managing projects for our waterproofing division. Lan Duran -Saperinien&iK Watmrroof W Division Lou has been in this waterproofing industry since 1976 mid first joined BEST in 2008 as an estimator,however his niche has been in the field simultaneously overseeing multiple projects in both the public and private sectors. Cmig Mowap—ProjM Maavrger,Street Meta!Dindabtt Craig has over 25 years experience in the roofing industry including installation, mnngiug roofing projects, rondsurveyfinspectiahs do estimating an types of roofing and sheet metal. Doug Lawbeed -Walerprooffrtl Estimator Doug has over 30 years experience in the trade from field foreman to estimating seed project managing. Jia®f(bang-Estimator,Roofing Divisfair Jimmy has over 15 years experience in estimating as well as project management and field supervision in residential,commercial and industrial roofing. John Pember-Project Manst8m,Ghtefi g IJieisfon John has over 30 years experience in the glass,glaring and arrhitectaral panel industry and has a Bachelors degree in Business Administration. Kara Boasts-Project Manager,Shed Metal Division Kurt is a Project Manager in Facade Division with responsibifities specific to the Architectural Metal Deparunient. Marks Fsgrlvel-Serdce Manager Marina his been in the roofing industry for large contracting corporations for over 25 years. During this time she has been in administrative positions and Operations She now blends this experience to manage the BEST Service Dept. Greg Davis—Srrpaiareadart,Semler Depar"Warf Starting in the industry in 1986.Greg joined Best in 1999 as a roofing trxfurtcian and is currently Project Manager for the Service Department. Matt Adab—Estlwawor,Rooflap Division Matt has been with Best since 1994 and has progressed from working an the roof to estimating and managing roofing projects Robert Stevenson—Esdmator,RaofnS Divisive Robert has been in the roofing and waterproofing industry for 30 years. Working both on the roof from apprentice to foreman and in the office as project cstimetor He has tic on-site knowledge and estimating skills required to succeed at his position. Ryan Garcia—Estimator,Rmflag Division Ryan Garcia has over 8 years experience in estimating in commercial and industrial mofing and has a Bachelor's Deg= in Business Administration BM Taro ContinneiL. Frollon Pablo(Pn-Esansdor,Roofing Diridon PI has a Bachelor's Degree in Hospitality/Business Administration and he was introduced to the construction industry 4 years ago starting off in the field for BEST He has been in Sales and Estimating for the past 2 years. Erie Gomez-SaperWoadea&Gktvkg Dbision Eric has over 28 years experience in glass,glaring,architectural panel systems,and sheet metal,including many high profile projects. Mike Wolfe-Pr*d Masgger,Raofta Nridan Mite has mare than 40 years experience in all facets of roofing system installations,running large public and federal projects,including all branches of the military. Mike is currently a Senior Project Manager in the Built-Up Rooting Division. Randy Ayala-ProJect M—W-.Raaflwg Didsion Randy has more than 35 years of expaience installing it variety of single-ply systems,coming to BEST in 1997 as foresnan/superintetdett in the Single Ply Division and later as the Division Project Manager. Charles Mhahew-Projea Manager,Roofiag Merles Chadic is responsible for project oversight on various Military,Federal,State,and other complex projects He is NAVFAC CQM,OSHA 30hr and EWNS 40hr ctntifte i. Perry Brown-Estiasawr,SAM Mdaf&Wsion Perry has over 35 years experience in the architectural sheet metal trade He has 20 years of experience in fabrication,with an emphasis on custom radius fleshings,copings,and trims,as well as ends)will panel layout and fabrication.Perry has spent the last 15+years of his carrel in sheet metal estimating and sales, Bruce Thompson-Exhi mwr,Sluet Mid DdWsfoe Bruce has over 39 years of experience in metal roofing, metal siding, and archiWeral panels and has a Bachelors Degree in Business Administration. Lysa Otlerbelo-Facade.Technical Sapport l.ysa has 15 years experience in the architectural sheet metal industry gaining experience in a variety of areas such as project management, estimating,atgineeting and sales. 5usana Dimacalangaa-Projed Engineer Susan has 6 Bachelors Degree in Architecture and is part of our Pagade-Technical Support cram. She has 25 years of experience in construction drawings,submittals in manual drawings,and CAD/Revit(BIM Edwin Patjam-Pmjed 8agiaeer Edwin hag a Bachelors Degree in Civil Engineering and a Masten Degree in Business Administration. He has 6 yann experience as a scheduler and 30 years experience as a project engineer involving vertical and horizontal constructions(commercial and residential)roads and flood control projects,and steel structural framing projects. Ernie Marahw-Preja t Srginurr Ernie is a member of the Project Engineering Team and has it degree in Archituture. He has 20 plus years of experience in Architectural design,computer drafting,and general construction. NORTHERN CALIFORNIA Mohammad EL BeW-Geaerd Mmuger,Northern Cahfornin With a MS Dxgree in Civil Engineering and 35 years of expertise in all types of construction,Mohammad beads our Northern California Division, Brad Fight-Operdions MaaWer,R-Jing DiWxi a Brad has over 25 years in the construction industry,with expertise in all phases of roofing and several years in nmagetaent positions. .Chris Gonzales-Project Manager,Roofing Dfrisios Chris is a Civil Engineer with over 5 years of experience in project management and project engineering. Marla Altmagno-P►yeti Enrgtheow Maria heads up our engineering department and has degree in Civil Engineering She has 6 years experience in general construction management and cost estimating. Darrell Gallaeher-Sefiq 0ffleer Darrell is responsible for developing, implementing and maintaining our very high standards of safety. With OSHA certifications and certifications in Crane Operation and Fall Protection Tom Ryan—Fifiwuitar,Roofing Division With more than 45 years in the roofing industry,Tom is familiar with all manners of roofing systems and instaUdom. Tom offers our cuslomem in the public and private sectors a wealth of experience. He earns to BFST in 1999 and is currently the Senior Estimator for the Roofing Division in hoth the Southern and Northern Cali fomia offices Omid Rnuaghinin—Project Manager Facade MwWon Onud is a Mechanical Engineer with over 20 years of experience in Project Engineering/Management of Mechanical.Electrical and General Contracting projects. BICOINO FORMS 4.1.2 A vehicle collision or socident 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 Empioymeni-Waled litfgathn brought by an employee of your firm? ❑ YES ®No 4.1.5 Payment to a subcontracbr or supplier? ❑YES ® No 4.1.8 Defective,deficient,or substandard work? ❑ YES to NO If the answer to any questions in 4.1.1 to 4.1.61s YES,identify the name of the person or entity that sued (Le.,to piainWn or was involved in fhe medfaton or arbitration; list the date,court,court address.ani case number;describe the fads and circumstance giving nse to ohe lawsuit, ms91ah0n, ar arbitration; and set forth the outcome or disposition. Attach additional&heels as necessary, 42 Have you or your firm ever filed a dalm for damages or a lawsuit,or requested arbitration or mediation,against a government entity or a Client? ❑ YES M No If YES,identify the govemment entity or chant;Ilat the date,court and case number; describe the facts and circumstances about the dain for damages,or the lawsuit,or both; and set forth the outcome or disposition. Attach additlonal 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 It 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 fen; 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? BF 13 of 36 BIDDiNQ FORMS ❑YES ® NO H YES,identify the government entity;list the data,and describe the facts and circumstances about each Instance. Attach additional sheets as necessary. 4.5 In the past fire(5)years,have you,your firth or any of its owners,partners,offlcers or employees been oonvicted of a crime related to the bidding of a goverwent contract,the awarding of a govemment 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 contenders,or a forfeftm of bel.) ❑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 embezzlemerlt,theft,fraud,forgery, bribery,deceptivve or unlawful busin ass practices,perjury,feisitying or destroying records or evidence,or receiving stolen pn4 wrty,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 sald officer have served his or her sentence. 4.8 In the past fire(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 cialm (including a false claim for payment),or made a material misrepresentation? ❑ YES ® NO If YES,Identify the government entity,and describe the fads and circumstances about each instance. Attach addillonal 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 14 or 36 EDDING FORMS 4.10 Has any governmental agency ever submitted a complaint against you or your firm to the California State Labor Commission for failure to submit certified payrolls? If your answer Is"Yes',please provide the details of such complaint. ❑ YES ® NO 5, FIWS 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 dale,identify the court and rase number,describe the facts and circumstances gluing 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 dre urnslanc es about each Instance. Attach additional sheets as necessary. 5.3. Is your ilrm in the process of, or In negotiations toward; (a) consolidating, merging, selling,or closing its business,or(b)laying off employees or reducing staff? C)YES ® NO If YES,describe the transaction;list the andelpaled 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. &, 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, oontrecting, 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 addttional sheets as necessary. I i BF 15 of 36 BIDDING FORMS 6.2 Has a government entity ever rejected your firm's Bid or Proposal on the ground that you or your firm is a'non-responsible'bidder or propose ❑YES ® NO If YES,identify the name of the government entity,list the date,describe the facts and circumstances about each instance,and stele the reason or basis for the government entity's determining that your firm was a'non-responsible'bidder. Attach additional sheets as necessary. 63. 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 be(5)years,have you or any officer or principal of your firm been an officer of another firm which failed to perform a contred or agreement? ❑YES ® NO If YES, list the dab, and describe the fads and circumstances about each Instance. Attach additional sheets as necessary. I 6.5. Has your firm ever advised a govemment entity or a dienL while your firm was under contract with the government antity or client,that your fine 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 R 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 govemment entity or client, to renegotiate one or more terms of the existing contract or agreement? ❑YES ® No If YES,Identify the name of the govemment entity or client,list the date,and describe the fads and cinmrnstances 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)canoed the contract or agreement,or (b)release or discharge your firm form the contract or agreement? BF16of36 81013 O FORMS ❑YES ® No If YES, Identify the name of the government entity or client,list the date,and dewlba the fads and draxnstances 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 YEA Identify the name of the government entity,list the date,and dendbe the facts and ciroumstanoes about each Instance. Attach additional sheets as necessary. 6.9. Has a government amity or a dianf ever notified or advised your firm that your Arm's performance under a contract or agreement was poor, sub-standard, deficient, or norm compliant? ❑YES ® No If YES,Ident4 the name of the government entity or diets,list ilia date,and describe the facts and circumstances about each instance. Attach additional sheets as necessary. 6.10. in the past Ave(5)years, has your firm paid, or has your Ann been assessed, k1uldaled damages on a contract or agreement? ❑YES ® NO 9 YES, identify all such oontracts/pmjects by owner, owner's address, the date of completion of the project. amount of liquidated damages assessed, and at 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 fen years,has an insurance company or a surety company. 7.1.1. Rdused 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 A. Canceled or revoked a bond obtained by your firm? ❑ YES ® NO BF17of36 SIDDWG FORMS If the answer to any questions in 7.1.1 to 7.1.4 Is YES,Identify the name of the Insurance company or surety company, let the date, and describe the facts and circumstances about each Instance. Attach addition sheets as necessary, 7.2 In the past tan [`0} years. has an Insurance company or suretyorlpany made any payments on you rfirm's beralf as a result of a default,to satisfy any dams againm a performance Do n. paymanf bond,or maintenance bond s ued on your firm's hehaif7 ❑YES IN NO V 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 addlllon 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 Hanover Ire-prance worn an I 8.2 Name and address of agent; Gltibal lkisk Management - 800 Wilshire Blvd Second Flrwr Los Arigeles,CA 9W 17 All of the above statements as to experience,financial qualifications,and available plant and ant are submitted In conjunction with the proposal, as a part thereof, and the truthfulness and cy of the Information is guaranteed by the Bidder, r. I hereby certify under penalty of perjury under the laws of the state of Callforrr� pr"mIation made herein are true and correct. Signatures �de. Sean 'abamdch,C.EOISecrets BF 18 of 36 W p O C rn C27 m s z a m a`� d o s 0 y ppLLI A Y LIU Z N 42 uy 8 � G - a � ' Ef u.r z oC LU ul ko 47 Ln a up Zi o Ct lu o % ° U LU am C� Q ULJ LU d Q o g ' kf% _qu LU w 44 N .� BIDDING FORMS CONTRACTOR SAFETY QUESTIONNAIRE Company Name: Best Contracting Services,Inc. _ Primary Type of Work: Roofing Person Completing Farm: Darrell Gallacher Title: a g Phone Number (310) 328-6969 Date: _ May 09, 2Q17 SAFETY PERFORMANCE 1. List your company's Interstate Experience mating tkdi%r(ERM)l for the three most recent years. 201� .68 2015 .69 20-IT .74 2. List your company's number of injurles/illnesses from your OSHA 300 logs for the three most recent years. 20 16 20L 15 20 14 a. Fatalities 0 0 0 b. OSHA recordable incidents a 8 c. Lost work day incidents 5 4 d. Total lost work days 145 392 958 a. Total hours worked 863M7 696,997 576.649 3. Upon request from the City,the contractor(s)shall provide copies of the fallowing items(a-g);and Items(d-g) for each listed Subcontractor a). OSHA 300 logs for the most recent three years a). Training Puns and current year-to-date b). Verification of ERM from your insurance carrier f). Training Certificates for Employees c). InjuryAliness Report g). Emergency Response Training d). Complete wrttten Safety Program 4. Company Safety Contact: a.Name Darrell Gallacher b.Phone (310) 328-6969 x 215 ' ERM=applies to workers'compensatian poicies.It compares the experience of this contractor to others of shft size,type and ratio.Used against annual premium.It has a direct correlation to how much the contractor pays in workers'comp premium. BF20of36 BIDDING FORMS CONTRACTOR SAFETY QUESTIONNAIRE (continued) SAFETY PROGRAM 1. SAFETY PROGRAM DOCUMENTATION a. Do you have a wrilfen safety program manual? o 1)Last revision date Dec. 2016 b. Do you have a written safety field manual? ee"o c. Are all workers given a booklet that contains work rules, responsibilities,and other appropriate information? @)NO 2. POLICY AND MANAGEMENT SUPPORT a. Do you have a safety policy statement from an officer of Yes the company? b. Do you have a disciplinary process for enforcement es to of your safety program? c. Does management sat corporate safety goals? es No d. Ems executive management review, Accident reports?El Safely statistics? tNo❑ in$-O c ion reports? e. Do you safety pre-qualify subcontractors? No f. Do you have a written policy on accident reporting es Na and Investigation? g. Do you have a Ilght-duty,retum-to-work policy? 5 No h. Is safety part of your supervisor's perfarmance evaluation? i. Do you have a perwwl protective equipment(PPE)policy? rNo J. Do you have a wrltten substance abuse program? (@No If yes,does it include(check all applicable boxes): E-pre-employment testing El Retum-ta-d 4 testing [S-_Random IoMing ❑Discipllrzy process Ressonatrle cause testing ❑Alcohol tasting- DO I' $] Post acc48n±lism:ng 0 National Instilute on Dmg Abuse ❑Panel Screen k. Does each level of management have assigned safety Ye No duties and responsibilities? BF 21 of 36 BIDDING FORMS 3. TRAINING AND ORIENTATION a. Do you conduct safety orientation trainlog for each employee? (59*10 b. Do you conduct site safety orientation for every 0110 person new to the Job site? c. Does your safety program require safety training meetings? es1yo E for each supervisor(foreman and above)? How ofte ? eldy ❑Monthly❑Quarterly ❑Annually ❑Other d. Do you hold tool bawAailgate safety rnwirxjs kaied on your specific worts o perationsfekpos ures? s Sow o n? F Weekly [] Daily ❑ DIh6r� a. Do you require Muipnwent operatlonlc rtifis Lion training? Yn a 4, ADMINISTRATION AND PROCEDURES a, Does your written safety program address administrative procedures? Yes Ir yes,check wh;ch apply, Pre projacrltask planning Emergency procedures Reco€d keeping AudiVmpectlon Safoly conunittees ident inves4atirsnslreporUng -:51 llTraining dcxufnenlalion ubstancs abusa prayW. ion Lpsocoairactor ardous work Wm:ts �atum-to-work pmq,ralifioalion b. Do you have project safety committees? �o c. Da you jobsfte safety inspedbm? n? 010 t f ❑We�Idy ❑Monthly ❑Other Do these inspections lndudes a routine safety inspection of equipment(e.g.,scaffold,ladders,fire extinguishers,etc.j? 6�1a d. Do you Investigate accidents? es a How are jha reported? kal Company ❑13y supe6ntandent y projec: project manager ❑ By foremars n a=rdance M09 OSHA e. Do you discuss safety at all preeonstrucllon and progress meetings? Yes No OF 22 of 38 BIDDING FORMS NIA f. Do perform rigging and lifting checks prior to Nfting? Yes No -WE SUBCONTRACT CRANE AND RIGGING Mor personnel ❑For equipment [:]Heavy lifts(more than 10,000 lbs.) WORK RULES a, Do you periodically update work rules? Yes o When was the last update? Dec. 2016 b. What work practices are addressed by your work rules? DtPRAlrst aid U4cess--entranceslstairs ZArarricades,signs, ❑Respiratory protection and signals LLl Blasting Qhtaterial handling/storage aommu,ica;ions ❑Temporary heat ompresW air and gases ZVehicle safety ❑Concrete work Wra(fic oontrol ❑Confined-space entry ❑Site visitor escorting ❑Cramslr�ging aW hoisting W—Ublic protection lWriral grrou rreing Lz Equipment guards and grounding QEnvironrr.ental controls and Cidbniloring equipment O--cupational h"th Ls Emargancy prooedures lammaNa material handlingrstomN [ ira pmlecaior. aM prewemion ❑ Site sanitation �QF and wall openings ❑Tre,)ching and ax€:ava'ing Fail protection ffjk ol0UtlTagaul ZjVausekeepinq ❑ Energlxedlpressuriaed equiomenl udders and scaffoWds mechanical equipmenU ersonal proteclrae aquiprnent maintenanoefpre-00 checksf T is,Power andLand a eralion eclri-.A power liras ekflrg and outling(hot warkl ❑Othar G. 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 died as a result of these Inspections? Y No If yes,describe the citations(add additional sheets if necessary): Best received 3 General Violations as a result of inspection in 2015. The conditions that resulted in violation were promptly abated. BF 23 of 36 BIDDING FORMS DESIGNATION OF SUBCONTRACTORS NAME OF BIDDER; Best Contracting Services,Inc. Each Bidder must list, on the form provided on the next page, each Subcontractor who will perform work or labor or render service to the Contractor In or about the construction of the Work or Improvement,or a Subcontractor Hcensed In the State of Califomia 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 Spedfications, 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; A. 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 dlscration,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 10 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 himselflherself,and that helshe 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 BF24a36 N 4 � L.7 y� �lnr4 G y u c� Q H C� x t] im ZD to CL o i E � z O BIDDING FORMS The Contractor shall not: A. Substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except that the City may consent to the substitution of another person as Subcontractor in any of the following situations: 1. When the Subcontractor listed in the Bid, after haviiig had a reasonable opportunity 10 do so., Pails or retses to execute a written contract for the scope of Worm specified in the Subaantractors bid and at 11% peke speolW in the Subconl;actor`s bid. when That written contract. based upon the genera leans, ifione, Crauings and Specifications for the Prcject ar the farms ❑t Contractor's written Bid,Is presenled to the Subcontractor by the CWrsctor; 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 fisted Subcontractor falls 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 Clay 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. 8. 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 Bld,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 Suboontractor subslllution,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 bean 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 Subcontractors consent to the substitution. K written objections are filed,the City shall give notice in writing of at least five(5)Working Days to the listed Subcontractor of a hearing by the City on the Contractors request for substitution, The Contractor, as a condition to asserting a claim of inadvertent ck&ai 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 coples 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 26 of 36 BIDDING FORMS I 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 wish thts 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 Cl No CM 5. N the answer to No.4 Is'Yes",please explain the following details: (a) Date: i (b) Name of person or group: (c) Job involved(If applWe): (d) Nature of the threats: (a) Additional comments: (Use additional paper if necessary) a. Was a conscious effort made to recruit or provide equal opportuni for bids by minority or project area subcontractors? Yes No 7. Was a conscious effort made to recruit and hire project area lower worn residents? Yes❑ No Please submit statement. 8 We declare under penalty of perjury that the foregoing is true and correct. Dated this 9th day of May 20 17 All of the above statements as to experience, frnandial qualifications, and avallabl� -pjO and equipment are submitted in conjunction with the proposal,as a part thereof,and the truthfulness and I a of the information is guaranteed by the bidder. Name of Company sr' acting Services,Inc. �� Se�n "t'ahaxad�f�. EJSecrerary BF 27 of 36 BIMING FORMS SPECIALTY CONTRACTOR OR SUBCONTRACTOR STATEMENT OF QUALIFICATIONS If Bidder will set-perform this Work This information shall provide evidence to indicate successful experience in providing Roofing work comparable to that specilfed In the Project Drawings and Specifications. Referenced qualifications shall demonstrate experience as a successful installer of roof repairs, A Bid may be rejected as non-responsive if Bidder falls to provide this completed form with the Bid or submits this form with inaccurate Information. Mandatory qualHicWone: Specialty Contractor(or Bidder, 9 seli-performing) shall possess a valid C-39, Roofing Contractor license from the California State License Board CaRfomia Contractors License at the time of the Bid Deadline and at all times during performance of the Work and shall establish that it satisfactorily completed at least three(3) projects as the installer of a minimum of roof repairs);each comparable In scope and complexity to this Project,within three(3)years prior to the Bid Deadline. Speelalty Contractor Name: Best Contracting Services,Inc. Project Manager/Foreman: Mike Wo 1 f e Phone NO:_(310) 328-6969 T g.malh madab@hestcontracting.com COMPARABLE PROJECTS(Provide at least three(3)projects) 1, Project Name: 3MORow Oaks Elementary Address: 620 Willow Road Palo Alto,CA 94303 Date Completed: February,05,2016 Reference 1 Contact Name: Kevin Sved Reference/Contact Phone No: (650) 329-1072 Description of work performed: Re Roof Coating at Willow Oak Elementary 2. Project Name: D iiney Plaza Inn,MS 400 and 500 Block Address: 1313 S.Harbor BLVD Anaheim,CA 92802 Date Completed; January, 30, 2015 Reference 1 Contact Name: Sal.C Garcia Reference/Contact Phone No: (714)781-1178 Description of work performed: Replace roof Coating at Disney Plaza BF20of36 BIWING FORMS 3. Project Name: UC San Francisco Hunter's Point Roof Renewel Address. 830 Palou Avenue San Francisco, CA 94124 Date Completed: January, 17, 2014 Reference I Contact Name: Don Szeto Reference 1 Contact Phone No. 415) 476-6321 Description of work performed:_Replace Roof Coating for UC San Francisco 4, Project Name: Fire Station 74 Roof Repair Address: 11500 Live Oak Avenue Fontana,CA 92335 Date Completed: January, 10,2014 Reference I Contact Name: Ticha Loera Reference I Contact Phone No: (909)350-6696 Description of work performed: Repair Roof Coating at the Fire Station 74 * Additional References Attached BF 29 of 36 a � a H x 2x 33333333333333 33333 33 3 lis- i BIDDING FORMS CONTRACTOR'S AFFIDAVIT OF NONCOLLUSION STATE OF CAUFORNIA 1 COUNTY OF Los Angeles Sean Tabazadeh being first duly sworn,deposes and says: t. That he/she is the_ C EOISecretary „(Rle of office if a rarooratiort, 'sole owner,'"Partne,' or other proper tile) of hest ConIracting S*rviL ec% iris_ , (hereinafter called 'Contractor')who has submitted to the City of Vernon a Bid for the construction of the City Hall Roof Repairs; 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 also 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 also,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 also 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 !11 !!1 u! u� Ill BF 30 of 30 DIMING FORMS to any individual or group of Individuals,eMOW to the City of Vernon,or to any parson or persona who have partnership or other finandal Interest with said Contractor In his/her business. declare under penalty of perjury under the laws of the State of Callfornla that the foregoing is true and corned. Dated;this 9 I May 2017 _ at Gardena California Sean MonthrYear city -- Stale ra or' C',on'i r re CEO/Secretary Title CONTRACTOR'S SIGNATURE MUST BE NOTARIZED BF 31 of 36 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �,^sr�,a= Y.r�x-r.��e+nru.�:�t,�-.u�r�raxsr:�..-.-�-.•�-.-.��:�-f,u=,nnrr.-,-.�-m�e-.-tnrrl,r�rcr�me�c,-c.� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the i document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles ) On 05/08/17 before me, R.Robles,Notary Public Date Here Insert Name and Title of the Officer personally appeared Sean Tabazadeh Name?*,of Signeft who proved to me on the basis of satisfactory evidence to be the person(%,whose namej*is/a*q subscribed to the within instrument and acknowledged to me that he/Nw/tfft executed the same in his/TW/tReir~authorized capacity(IliQ,and that by his/her/th signatureKon the instrument the persorft, or the entity upon behalf of which the personkl acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. R ROBLE5 WITNESS my hand and official seal. Notary Public-California Los Angeles County Commission r 2174230 Signature My Comm Expires Dec 21.2020- I II / f of 61ary Pubk Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document , Title or Type of Document; D��J?rhn �4df-Vv' t� Document Date: ._ 1 '1 Number of Pages: t Signer(s) Other Than Named Above: Capacity( Claimed byy nertk Signer's Name: Sean Tabzadeh _ Signer's Name; 'k Corporate Officer — Title(s): CEO/Secretary Corporate Officer — Title(s): _ -Partner — 1 Limited ❑General C Partner — ❑Limited ❑General Individual U Attomey in Fact I- Individual 1 Attomey in Fact Trustee !Guardian or Conservator 1.;Trustee 1 Guardian or Conservator Other. '.__ Other. Signer Is Representing:Best Contracting Services,Inc. Signer Is Representing: 02016 National Notary Association•www.NationaiNotary.org • 1-800-11JS NOTARY(1-800-876-6827) Item#5907 I BIDDING FORMS 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) 0 underwriter 1'f agenl,certify that I and the Contractor listed below have jointly reviawad the"Insurance RegJrem ants'in these 3iddng Documa~l:s and the Contract Cacunonts, If the city of Vemon ('City') award3 the Gcnirachx the Contract for this project, G wail ba aNe wn routhen (14) calendar days after the Contractor Is noltfled of the Cantraot'S award--do furnish the Qy with valid insuranca fobs(including orm or more '"urance certifica195 and aMonal insured andolsements) that fully meet all of 11P insurance Requlremenfs_ ;,*cam + tiers T- L-.'Gj-+;F_� j!`�12v1 Name of Insurance Company C.cavkpoa,�-A0l Data G oh , LLC. �TCA111 GL&4 Insurance Agent's Name(Printed) Insurance Agent's Name (signature) TLU J . lti�,r Address "ity Rale Zip Code -2,a-5 5 01. 7,-Z . �2,-sa 0 -za,5 L'0 oa�6n�es ro L'n Talaphone NLimber FAX Number ,mad Address �{ crA 51ti c'll3L �� -Coonuaciceg Narne Clty Speclficali4n Number Bebw State the Name of Insurance Company Providing Coverage: DO NOT writa'Wifl Provide,'"To Be Determined,"'When Required,'or similar phrases. Cammmdal General L.*bNty Automobile I-abiily CL , -i-.4 0%%-A c C!- LCT�,p G.Nn l,l Workers'Compensalion Liability City Will Purchase Policy, if required T � Builders Risk Pau!&Uablllt. [NOTE TO CONTRACTOR: See "Insurance Requirements' EXHIBIT 4 of the Contract for the requirement of obtaining Pollutlon Liability Insurance,] NOTE TO THE UNDERWRITER/AGENT: If the insurance forms that the Contractor sulxnits to the City do not fully oomply 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. BF32of36 LIVING WAGE COMPLIANCE CERTIFICATION This contract is subject to the City of Vernon's Living Wage Ordinance, Vernon Municipal Coda 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 I st 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 1st,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. Best Contracting Services, Inc, will comply with the — -- [Nana of requirements of the Vernon Living Wage Ordinance, Vernon Municipal Code Chapter 2 Article XVIII and the rules and rc iations promulgated thereunder. I understand that failure to comply with the pmvision9}aernon Living Wage Ordinance may result in termination of the contract as w onalti{s as stated in Vernon Municipal Code Chapter 2 Article XVIII. Se aae CEOISecretary April 09, 2017 ( gnsture} (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. 8 33 of 36 N e CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES Purchasing& Payables Division f 4305 Santa Fe AvenueVernon,CA 90058 (323)583-8811 Fax(323)926-1433 * Y Internet: www.cityofvernon.oreldcuartmentslfinanec e�++*T LT ?401* Article 1. Affidavit of Equal Opportunity Employment& Non-segregation(Form AA-1) Article If. Vendor List Questionnaire(Forme AA-2 W) 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: Best Contracting Services,Inc. Business Telephone (310) 328-6969 Address: 19027 S_ Hamilton Ave. _ Fax number: (310) 328-9176 CityGardena (optional) __ _. _ _State CA Zip _9024J3 Contact Person Matt Adab,Estimator E-mail Address madab@bestcontractin .com �- (optional) Tax ID Number(or Social Security Number) 95-3781209 Remit Address(if different) __ SAME AS ABOVE- Please state clearly and concisely the type(s)of goods and services your company provides: Roofing Waterproofing,Sheet Metal, Glazing, Wall Panels,Solar&Garden Roof The following section is OPTIONAL and is for statistical reporting purposes only. Ownership(please check all that apply): *Not Applicable"' African-American Asian Armenian_ Hispanic Native American Disabled Female 834of36 $ � 2 § 2 2 f � � k ° 1! E � 7 .0 C) c 0 = � ) 0 c � E -5 0 2 e � E k ° E � \ : ° 1.° 26 § § a a . ' as o k ■ ƒ q / _ 2 0 ° c0 � 2 o � •- 2 a S S 2 Aq cx � � ƒ ■ �kk k 0 �2 0 b w M 2 � § � a ? § 2 SEA ® a § V 2WU K § © 2 •� = q 2 © E ° > » 2 � 2 % S � r- c 77a a LL cp z I N im+1 4O3 04 0 ppWLL cd 4 1 : ii. C a � 0 rq CIA O � � a O_ o O w a z 0 0 •� L 0. ti 0 0 n 4v a �. 0 o z o 40. LO 4 p o. n " ° c c-I E = 12 ° IJ O a`, i O c�i� pCL O ts u RECEIVED APR 2 7 2017 Receive CITY CLERK'S OFFICE APq ZI 9017 STAFF REPORT : . PUBLIC WORKS, PUBLIC UTILITIES, AND FINANCE: DATE: May 2, 2017 TO: Honorable Mayor and City Council FROM: Kevin Wilson, Interim Director of Public Works" ) Originator: Sergio Canale9ssistant Planner; and Kelly Nguyen,[general Manager of Public Utilities � &f, Originator: Ali Nour,Utilities Engineering Manager; and William Fox,Director of Finance Originator: Masami Higa, Assistant Director of Finance RE: Ordinance Amending Various Sections of the Vernon Municipal Code to Update Regulations on: (1) Segregated Utility Funds; (2) Wireless Telecom Companies; (3) Building Setback Requirements; and (4) Outdoor Advertising Adjacent to the I-710 Freeway. Recommendation A. Find that the proposed action is exempt under the California Environmental Quality Act ("CEQA") review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Conduct a Public Hearing; and C. Approve the first reading, and adopt at a subsequent meeting, an ordinance amending various sections within Chapters 2, 22, 24, and 26 of the Vernon Municipal Code ("VMC") to update regulations on: (1) Segregated Utility Funds; (2) Wireless Telecom Companies; (3)Building Setback Requirements; and(4) Outdoor Advertising Adjacent to the I-710 Freeway. Background • Segregated Utility Funds On March 21, 2017, the City Council adopted Ordinance No. 1240 which, among other things, transferred oversight of the water division from the Public Works Department to the Public Utilities Department. The transference prompted a review of the City's various utility funds, and in furtherance of the interests of efficient, effective and economical conduct of the City's business, as well as to enhance the City's fiscal accountability, it was proposed that clarification of each utility fund's independence — with regard to their respective assets, liabilities, and equities — was advisable. Therefore, the additions and amendments to Chapter 2 of the VMC have been proposed to make clear the funds for the electric, gas, water, and fiber optics utilities shall be segregated, budgeted, and accounted for in separate funds. The Public Utilities Department was reorganized for better oversight and management of the day-to-day activities of such independent utilities and will not be used in any manner, shape, or form to commingle any of the assets, liabilities, or equities of each independent utility. • Wireless Telecom Regglations Over the past year, the City has seen a significant increase in the number of wireless telecommunications companies seeking to install facilities, including but not limited to poles, antennas, and conduits, in and around the City—both on private property and in the City's public right-of-way. Federal and state laws have evolved with respect to the ability of such companies to expand their telecommunications networks, subject to local regulation, which is sometimes pre-empted by federal or state law. To the extent permissible under federal and state law, the City has an interest in regulating the proliferation of telecommunications networks and facilities in the City, especially in the public right-of-way, and to that end, should update, among other parts of the VMC, chapter 22 and 26 (the "Encroachment Ordinance" and "Zoning Ordinance," respectively), in order to better align with federal and state laws and regulations. For example, the ordinance proposes: a Updates and clarifications to the definitions of"public street" and "right-of-way" in the Encroachment Ordinance; o Replacement of the terms "cell tower" and "telecommunications antenna" with "base station," "wireless towers," and "wireless telecommunications facilities" in both the Zoning and Encroachment Ordinances; o Clarification of permitting requirements for entities exempt from licensing and franchising encroachment requirements; o Expansion of the category of unacceptable encroachments; and a Co-location requirement for wireless telecommunications facilities. • Outdoor Advertising Adjacent to the 1-710 Freeway For the past year the City has been in negotiations with the property owner at 3030 Atlantic Boulevard, Magellan Atlantic I, LLC ("Magellan"), on a development agreement to allow, among other things, the replacement of an existing static billboard with a new digital billboard along the I-710 freeway. As part of these negotiations, Magellan has requested a change to certain Zoning Ordinance provisions — namely, (i) an increase in the maximum height of billboards facing the 1-710 freeway from 35 to 50 feet and (ii) an increase in the maximum distance between the two faces of a V-shaped billboard (i.e., greater than 35 feet at their widest point). Magellan's proposed digital billboard will be placed near the apex of the curve in the I-710 freeway. Because of this curve on the freeway, the proper viewing angle of the sign requires the width between the signs to be increased beyond the 35 feet prescribed in the Zoning Ordinance. The City did not contemplate a sign being placed on a curve when it developed its standards and Page 2 of 3 is of the opinion that this provision should be changed. Rather than contemplate every possible curvature that could be faced when placing a sign in order to come up with a standard, City staff is recommending removing the maximum distance (i.e., angle) requirement for V-shaped signs from the Zoning Ordinance. This distance requirement could be negotiated and developed as part of the development agreement. Magellan's additional request for an increase of the maximum height of billboards permitted along the 1-710 freeway (as measured either from the ground elevation or from the elevation of the adjacent roadway) is reasonable. The increase in height will allow better visibility from both directions. At the lower elevation, the signs can be obscured by neighboring vehicles. Given the higher vehicular speeds on the freeway, a more visible sign appears to be appropriate. The fifty (50)-foot height is an industry standard for billboards and is permitted by many communities. City staff is proposing to change the height limitations only along the freeway corridor. All other billboards within the City would continue to be limited to a maximum height of thirty-five (35) feet. The proposed amendments will update the City's billboard regulations to align them better with standards in the billboard industry, as they relate specifically to such structures adjacent to freeways and whose primary purpose is to be viewed by motorists on freeways. • Building Setback Requirements In order to mitigate the risk of workplace injury or death, the California Mate Division of Occupational Safety and Health ("Cal/OSHA") requires that individuals working on the exterior of buildings (i.e., painting, window washing, etc.) be at least ten (10) feet from any high-voltage overhead power lines. Several buildings in the City are not set back from street curb faces at a distance sufficient to comply with this Cal/OSHA requirement. As a result, the City's Public Utilities Department must shut off the electricity to the electrical wires adjacent to buildings when customers wish to perform work on the exteriors of their buildings. Such shut-off scenarios are inconvenient and costly, not only for the Public Utilities Department, but for other affected customers. The proposed amendment to the VMC provides a solution moving forward: Increase the building setback distance requirement in the Zoning Ordinance between buildings and street curb faces from the current requirement of fifteen (15) feet to twenty-one (21) feet. Fiscal Impact None. Attachment(s) 1. Notice of Public Hearing 2. Proposed Ordinance Page 3 of 3 Op Y� 4305 Santa Fe Avenue City of Vernon Vernon, CA 90058 r• s (323)583-88I l ir sro NOTICE OF PUBLIC HEARING The City of Vernon will conduct a Public Hearing,which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon,CA 90058 DATE&TE%IE:Tuesday,May 2,2017 at 9:00 a.m. (or as soon thereafter as the matter can be heard) SUBJECT: A fast reading,to adopt at a subsequent meeting,an ordinance amending various sections within Chapters 2,22,24,and 26 of the Vernon Municipal Code to(a)establish and clarify the independence of all City utility funds,as a follow-up to Ordinance No. 1240,which was approved and adopted by the City Council on March 14,2017; (b)update the City's Encroachment and Zoning Codes with respect to the installation and maintenance of wireless telecommunications facilities to better align with state and federal law;(c)update the City's Encroachment Code with respect to restrictions on those entities exempt from the City's licensing and franchising requirements;(d)update the City's Building Codes;(e)update the City's Zoning Code with respect to building and ancillary structure setback requirements;and(f)update the City's Zoning Code with respect to"V-shaped"double-faced signs and signs located near the I-710 freeway,which are designed to be primarily viewed from the I-710 freeway. REVIEW OF THE FILE: Subject documents are available for inspection at Vernon City Hall,City Clerk Department,4305 Santa Fe Avenue,Vernon,Califomia 90058,Monday through Thursday,7:00 am.to 5:30 p.m.and on the City's website at: hupllw w_cityntl em on.oi-gI n4 %emment/public-meetin tj—counciI Please send your comments and the name of the contact person to: Maria Ayala,City Clerk City of Vernon 4305 Santa Fe Avenue,Vernon,CA 90058 (323)583-8811 Email: CityClerk@ci.vemon.ca.us If you challenge the adoption/approval of the above-referenced ordinance or any provision thereof in court,you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at,or prior to,the meeting. Americans with Disabilities Act(ADA): In compliance with ADA,if you need special assistance to participate in the meeting,please contact the Office of the City Clerk at(323)583-8811. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Dated:4/19/2017 Maria . Ayala,City erk ORDINANCE NO . 1242 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON (1) ADDING SECTION 2 . 49, RENUMBERING ALL SUBSEQUENT SECTIONS IN ARTICLE VIII OF CHAPTER 2 OF THE VERNON MUNICIPAL CODE ACCORDINGLY AND AMENDING OTHER SECTIONS THEREIN RELATING TO SEPARATE UTILITY FUNDS; (2) AMENDING SECTION 24 . 60 OF ARTICLE IX OF CHAPTER 24 OF THE VERNON MUNICIPAL CODE RELATING TO ADOPTION OF THE MOST RECENT VERSION OF THE CALIFORNIA EXISTING BUILDING CODE; (3) AMENDING SECTION 24 . 64 OF ARTICLE IX OF CHAPTER 24 OF THE VERNON MUNICIPAL CODE RELATING TO ADOPTION OF CHAPTER A2 AND A5 OF THE MOST RECENT VERSION OF THE INTERNATIONAL EXISTING BUILDING CODE; (4) AMENDING SECTION 26 . 4 . 1-8 OF ARTICLE IV OF CHAPTER 26 OF THE VERNON MUNICIPAL CODE RELATING TO SITE PLANNING STANDARDS; (5) AMENDING SECTION 26 . 9 . 3 OF ARTICLE IX OF CHAPTER 26 OF THE VERNON MUNICIPAL CODE RELATING TO GENERAL CONDITIONS OF OFF-SITE OUTDOOR ADVERTISING STRUCTURES ADJACENT TO AND INTENDED TO BE VIEWED FROM THE I-710 FREEWAY; AND (6) REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH WHEREAS, the City of Vernon (the "City" ) is a municipal corporation and a chartered city of the State of California duly organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, on March 21, 2017, the City Council of the City of Vernon adopted Ordinance No. 1240, which, among other things, transferred oversight and responsibility for customer-facing water utility service from the Public Works Department to the Public Utilities Department; and WHEREAS, the passage of Ordinance No. 1240 has prompted a review of the City' s various utility funds, and in furtherance of the interests of the efficient, effective and economical conduct of the City' s business, as well as enhancing the City's fiscal accountability over its utility funds, each utility of the City shall remain independent with its assets, liabilities, and equities segregated, budgeted, and accounted for in separate funds, namely the electric, gas, water, and fiber optics utilities; and WHEREAS, the Public Utilities Department was reorganized for better oversight and management of the day-to-day activities of such independent utilities and will not be used in any manner, shape, or form to commingle any of the assets, liabilities, or equities of each independent utility; and WHEREAS, the City Council of the City of Vernon has adopted Comprehensive Zoning Ordinance No. 1227, as amended, (at Articles I through XI of Chapter 26 of the Vernon Municipal Code) (the "Zoning Ordinance") to designate, regulate, and restrict the use, location, and size of buildings, ancillary structures, and land for industrial uses and other permitted purposes and to establish performance and development standards in order to protect the public health, safety, and welfare; and WHEREAS, the Zoning Code contains comprehensive regulations for the development and operation of off-site commercial outdoor advertising structures (i.e. , billboards) ; and WHEREAS, certain restrictions on billboards designed and located to be primarily viewed from the I-710 freeway, are not aligned with current industry standards; and WHEREAS, by memorandum dated May 2, 2017, the Director of Public Works in conjunction with the General Manager of Public Utilities have recommended the adoption of an ordinance amending the Zoning Ordinance to update the City' s regulations to align them better with standards in the billboard industry, as they relate specifically to such structures adjacent to freeways and whose primary purpose is to be viewed by motorists on freeways; and WHEREAS, in order to mitigate the risk of workplace injury or - 2 - death, the California State Division of Occupational Safety and Health ( "Cal/OSHA" ) requires that individuals working on the exterior of buildings (i .e . , painting, window washing, etc . ) be at least ten (10) feet from any high-voltage overhead power lines; and WHEREAS, several buildings in the City are not set back from street curb faces at a distance sufficient to comply with the above Cal/OSHA requirement; and WHEREAS, as a result, the City' s Public Utilities department must shut off the electricity to the electrical wires adjacent to buildings when customers wish to perform work on the exteriors of their buildings; and WHEREAS, such shut-off scenarios are inconvenient and costly, not only for the Public Utilities department, but for other affected customers; and WHEREAS, one solution moving forward is to amend the building setback requirement in the Zoning Ordinance by increasing the distance between buildings and street curb faces from the current requirement of fifteen (15) feet to twenty-one (21) feet; and WHEREAS, a duly noticed public hearing has been held to consider the proposed ordinance changes and public testimony has been received and considered; and WHEREAS, Chapter 4 . 1 (f) and (h) of the Charter of the City of Vernon provides that an ordinance shall amend a code section or repeal any ordinance or code section previously adopted. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS : SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct . SECTION 2 : The Vernon Municipal Code is hereby amended as set - 3 - forth in Exhibit A which is attached hereto and incorporated by reference. SECTION 3 : Any ordinance or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION 4 : Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 5 : Book of Ordinances . The City Clerk or Deputy City Clerk shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk' s or Deputy City Clerk' s certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk or Deputy City Clerk shall cause this ordinance to be published or posted as required by law. - 4 - SECTION 6 : Effective Date . This Ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this 161-h day of May, 2017 . Name: Title : Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPRO71!Elt-4- AS TO FORM: f Brian , De t ity Attorney 5 - STATE OF CALIFORNIA } } ss COUNTY OF LOS ANGELES } I, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No . 1242 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, May 2 , 2017, and thereafter adopted at a meeting of said City Council held on Tuesday, May 16 , 2017 , by the following vote: AYES : Councilmembers : NOES : Councilmembers : ABSENT: Councilmembers : And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of May, 2017, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 6 - EXHIBIT A EXHIBIT "A" CHAPTER 2 Administration :tt Article VIII Separate Funds Sec. 2.49. Fund Defined. For purposes of this Article VIII, as well as Articles V and VI, "fund" shall mean a fiscal and accounting entity with a self-balancing set of accounts that records cash and other financial resources, all related liabilities and residual equities or balances, and changes therein, and that are segregated for the purpose of carrying on specific activities or obtaining certain objectives in accordance with applicable regulations, restrictions, or limitations. Sec. 2.50-2. Fiber optics Fund. The City Council of the City of Vernon hereby ratifies the establishment of a Fiber Optics Fund that shall be used for the collection of revenues and payment of expenditures for fiber optics- related services and that shall remain separate and apart from other funds. Sec. 2.64. dater Fund. The City Council of the City of Vernon hereby ratifies the establishment of Water I and II (CMD) Funds that shall be used for the collection of revenues and payment of expenditures for water-related services and that shall remain separate and apart from other funds. Sec. 2.65. Electric Fund. The City Council of the City of Vernon hereby ratifies the establishment of an Electric Fund that shall be used for the collection of revenues and the payment of expenditures for electric- related services and that shall remain separate and apart from other funds. Sec. 2.66. Gas Fund. The City Council of the City of Vernon hereby ratifies the establishment of a Gas Fund that shall be used for the collection of revenues and payment of expenditures for gas-related services and that shall remain separate and apart from other funds. Sec. 2.67-2 . Authorized funds. Upon the adoption of this article, the authorized funds of the City of Vernon shall consist of the following: 055 - Electric CHAPTER 24 Building and Construction Article IX Existing Building Code Sec. 24. 60 . 2016 California Existing Building Code adopted. The City of Vernon hereby adopts by reference Appendix A Chapter Al of the 2016 California Existing Building Code, as published by the California Building Standards Commission, California Code of Regulations, Title 24, Part 10, including the tables, indices, appendices, addenda and footnotes contained therein as the seismic strengthening provisions for unreinforced masonry bearing wall buildings for the City of Vernon. Except as otherwise provided herein, or as later amended, said California Existing Building Code is hereby referred to and by such reference is incorporated herein as if fully set forth. Sec. 24.64. Chapter A2 and A5 of the 2015 International Existing Building Code adopted. Chapter A2 of the 2015 International Existing Building Code, published by the International Code Council, Inc. , is hereby adopted as the minimum standard for seismic strengthening of tilt-up concrete wall buildings, and Chapter A5 of the 2015 International Existing Building Code, published by the International Code Council, is hereby adopted as the minimum standard for seismic strengthening of concrete buildings. These standards are established as a minimum guideline for those property owners voluntarily selecting to retrofit their structures and shall not be construed as the City of Vernon mandated program. Except as otherwise provided herein, or as later amended, said 2015 International Existing Building CodeO is hereby referred to and by such reference is incorporated herein as if fully set forth. CHAPTER 26 Zoning }f Article IV Zones, Permitted Uses, Development Standards, and Site Planning Standards. Sec. 26.4.1-8. Site Planning Standards. (c) Building Setback. Every Building or Structure shall be set back not less than twenty-one (21) feet from the curb face, as shown on the Master Plan of Streets . .... (d) Ancillary Structure Setback. Where a Lot or parcel of land in any Zone or Overlay Zone abuts a Street as shown on the Master Plan of Streets, every Ancillary Structure on such Lot or parcel shall be set back as follows: (1) if the Ancillary Structure is equal to or greater than twenty (20) feet in height, it shall be set back not less than twenty-one (21) feet from the curb face, as shown on the Master Plan of Streets; ... Article IX Zoning Regulations for Off-Site Outdoor Advertising Structures. Sec. 26.9.3. General Conditions. Sec. 26. 9. 3-I. Sign Dimensions. a. The sign face of an Outdoor Advertising Structure shall not exceed eight hundred fifty (850) square feet in area, including the border and trim, but excluding the base or apron supports and other structural members. b. Cutouts and other special advertising features or additions to a sign face shall not project more than five (5) feet above the maximum height limit . c. Bi-directional or double-faced signs shall be located on the same Outdoor Advertising Structure. For parallel double-faced signs, the distance between sign faces shall not exceed eight (8) feet . Sec. 26. 9. 3-4 . Location. The location of the Outdoor Advertising Structures shall be restricted as follows : (a) An Outdoor Advertising Structure shall not be located within any required setback area of the Zone or Overlay Zone in which the Outdoor Advertising Structure is located. (b) Outdoor Advertising Structures shall not be located within five (5) feet of any Building or within ten (10) feet of any Lot line. (c) Outdoor Advertising Structures with Digital or Static Displays that are located within two hundred (200) feet of the edge of the Right-of-way of the I-710 freeway and are designed to be primarily viewed from the I-710 freeway are subject to the following standards: (1) An Outdoor Advertising Structure with a Digital Display that is located within two hundred (200) feet of the edge of the Right-of-way of the I-710 freeway and designed primarily to be viewed from the I-710 freeway shall not be located within five hundred (500) feet of another Outdoor Advertising Structure with a Static Display located on the same side of the freeway or within one thousand (1, 000) feet of another Outdoor Advertising Structure with a Digital Display located on the same side of the freeway and designed to be oriented toward the freeway; and (2) An Outdoor Advertising Structure with a Static Display that is located within two hundred (200) feet of the edge of the Right-of-way of the I-710 freeway and designed primarily to be viewed from the I-710 freeway shall not be located within five hundred (500) feet of any another Outdoor Advertising Structure located on the same side of the freeway and designed to be oriented toward the freeway. (3) Notwithstanding Sec. 26.9.3-3, the overall height of each Outdoor Advertising Structure shall not exceed fifty (50) feet, exclusive of cutouts or special additions, such height to be measured in the same manner as in Sec. 26 . 9.3-3 . RECEIVED RECEIVED MAY 0 9 2017 MAY 1.0 2017 , CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATIQi~t CITY CLERK DEPARTMENT Of- S-9-1 DATE: May 16, 2017 TO: Honorable Mayor and City Council FROM: Maria E. Ayala, City Cler-k Originator: Matthew Ceballus.Deputy City Clerk RE: Approval of a Resolution for City Council Appointments/Reappointments as Representatives to Various Agencies and/or Committees Recommendation Items A-D: A. Find that approval of the proposed Resolution updating the City Council appointments does not constitute a "project" pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act ("CEQA"), because it constitutes an administrative activity; and even if the adoption of the proposed resolution did constitute a project, it would be exempt from 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. Appoint Council Members as delegate(s) and alternate(s), as well as some key staff as either delegate(s) and/or alternate(s) to the following boards of various agencies and/or committees as follows: I. California Contract Cities Association. Appoint Melissa Ybarra as the delegate; and William J. Davis as the alternate. Previous appointment, pursuant to Resolution No. 2016-23: Melissa Ybarra as the delegate; and William J. Davis as the alternate. 2. Central Basin Water Association. Appoint William J. Davis as the delegate; Yvette Woodruff-Perez as the alternate; and reaffirm the City of Vernon's General Manager of Public Utilities, or his/her designee, to also serve as the City's alternate. Previous appointment,pursuant to Resolution No. 2016-23: William J. Davis as the delegate; Yvette Woodruff-Perez as the alternate; and reaffirm the Director of Public Works, Water and Development Services, or his/her designee, to also serve as the City's alternate. Page 1 of 8 3. County Sanitation District No. 1. Appoint Melissa Ybarra as the presiding officer of the City of Vernon to serve as the City's member on the Board of Directors of County Sanitation District No. 1; and William J. Davis as the alternate. Previous appointments, pursuant to Resolution No. 2016-23: William J. Davis as the presiding officer as delegate; and Yvette Woodruff-Perez as the alternate. 4. County Sanitation District No. 2. Appoint Melissa Ybarra to serve as the City's delegate to the Board of Directors of County Sanitation District No. 2; and William J. Davis as the alternate. Previous appointments, pursuant to Resolution No. 2016-23: William J. Davis as the delegate; and Leticia Lopez as the alternate. 5. County Sanitation District No. 23. Appoint current City Council (Melissa Ybarra, Yvette Woodruff-Perez, William J. Davis, Luz A. Martinez, and Leticia Lopez) to serve as the Board of Directors to County Sanitation District No. 23. Previous appointments, pursuant to Resolution No. 2016-23, appointed then City Council: William J. Davis, Yvette Woodruff-Perez, Luz A. Martinez, Melissa Ybarra, and Leticia Lopez. 6. Gateway Cities Council of Governments. Appoint William J. Davis as the delegate; and Melissa Ybarra as the alternate. Previous appointments, pursuant to Resolution No. 2016-23: William J. Davis as the delegate and Melissa Ybarra as the alternate. 7. I-710 EIR/EIS Project Committee. Appoint Leticia Lopez as the delegate and Melissa Ybarra as the alternate. Previous appointments, pursuant to Resolution No. 2016-23: Leticia Lopez as the delegate; and Melissa Ybarra as the alternate. 8. Independent Cities Association of Los Angeles County. Appoint William J. Davis as the delegate; and Yvette Woodruff-Perez as the alternate. Previous appointments, made pursuant to Resolution No. 2016-23: Melissa Ybarra as the delegate; and Yvette Woodruff-Perez as the alternate. 9. Independent Cities Finance Authority. Appoint Leticia Lopez as the delegate; and Yvette Woodruff-Perez as the alternate. Previous appointments, pursuant to Resolution No. 2016-23: Leticia Lopez as the delegate; and Yvette Woodruff-Perez as the alternate. Page 2 of 8 10. League of California Cities. Appoint William J. Davis as the delegate; and Yvette Woodruff-Perez and Luz Martinez as the alternates. Previous appointments, pursuant to Resolution No. 2016-23: Melissa Ybarra as the delegate; and Yvette Woodruff-Perez and Luz Martinez as the alternates. 11. Eco-Rapid Transit (formerly known as the Orangeline Development Authority). Appoint William J. Davis as the delegate and Luz Martinez as the alternate. Previous appointments,pursuant to Resolution No. 2016-23 made to the Orangeline Development Authority were: William J. Davis as the delegate; and Luz Martinez as the alternate. 12. Southeast Community Development Corporation. Appoint Leticia Lopez as the delegate; and William J. Davis as the alternate. Previous appointments, pursuant to Resolution No. 2016-23. Leticia Lopez as the delegate; and William J. Davis as the alternate. 13. Southeast Water Coalition. Appoint William J. Davis as the delegate; and Yvette Woodruff-Perez as the alternate; and, reaffirm that said appointed representatives shall also be the City's representatives to attend board and committee meetings held by the Replenishment District of Southern California, Central Basin Municipal Water District and the Authority and any other water-related meeting which affect the City of Vernon. Previous appointments, pursuant to Resolution No. 20I6-23: William J. Davis as the delegate; and Yvette Woodruff-Perez as the alternate; and, reaffirmed that said appointed representatives shall also be the City's representatives to attend board and committee meetings held by the Replenishment District of Southern California, Central Basin Municipal Water District and the Authority and any other water- related meeting which affect the City of Vernon. 14. Southern California Association of Governments. Appoint Yvette Woodruff-Perez as the delegate; and William J. Davis as the alternate. Previous appointments, pursuant to Resolution No. 2016-23: Yvette Woodruff- Perez as the delegate; and William J. Davis as the alternate. 15. Vernon Solid Waste Hearing Panel. Appoint William J. Davis, Yvette Woodruff-Perez, and Luz Martinez to serve on the Hearing Panel for the Local Enforcement Agency for Solid Waste Facilities. Previous appointments, pursuant to Resolution No. 2016-23: William J. Davis, Yvette Woodruff-Perez, and Luz Martinez. C. Adopt a Resolution of the City Council of the City of Vernon designating and appointing its representatives and alternates to the boards of various agencies and/or committees. D. Authorize the City Clerk to complete California Form 806, Agency Report of: Public Official Appointments, and post in accordance with state laws and/or regulations. Page 3 of 8 Background On April 11, 2017, a Vernon Municipal Election was held which resulted in the election of a new member to the City Council. At the regular City Council meeting of April 18, 2017, the City Council held its City Council reorganization. Having elected the Mayor and Mayor Pro-tempore for the year, this is the appropriate point in time for the Council to review and address annual appointments of representatives to the various regional boards of agencies and/or committees. Appointees serve as voting members on some of these boards and/or committees, with some (not all) of the positions entitling the appointee to additional compensation. Each appointment is to be considered individually, with the vote to be voted on as a whole by the City Council. The following is an overview of each entity's function: 1. California Contract Cities Association (CCCA) - To develop and foster public and private partnerships between member cities and the business community in order to provide mutually beneficial resources and services that educate and inform; to create revenue opportunities, long term relationships and a forum to better serve the goals and priorities of the CCCA and its Associate Members. Consistency of Monthly on the Yd Wednesday, at 6 p.m. (dark months: January, Meetings: July, and September) Meeting Location: Varies Stipend: None 2. Central Basin Water Association (CBWA) — Composed of water rights holders in the West Coast Basin. CBWA membership includes municipalities and private owners. This association provides a forum to members to discuss current water rights issues and policies. Consistency of Quarterly Luncheon Meetings (February, May, August, and Meetings: September) on I"Thursday, at 11:30 a.m. Meeting Location: Rio Hondo Event Center, 10627 Old River School Road Downey, CA 90241 Stipend: None 3. County Sanitation District No. 1- Its Mission is to protect public health and the environment through innovative and cost-effective wastewater and solid waste management, and in doing so convert waste into resources such as recycled water, energy, and recycled materials. Pursuant to Health and Safety Code, Section 4730, the presiding officer of the City is the designated member of the Board of Directors for this District and requires the selection of an alternate. Consistency of i Monthly on the 2"d Wednesday, at 1:30 p.m. Meetings: i Meeting Location: I Joint Administration Office - 1955 Workman Mill Road, Whittier, CA 90601 Page 4 of 8 Stipend_ `$125 — J 4. County Sanitation District No. 2 - Its Mission is to protect public health and the environment through innovative and cost-effective wastewater and solid waste management, and in doing so convert waste into resources such as recycled water, energy, and recycled materials. Pursuant to Health and Safety Code, Section 4730, the presiding officer of the City is the designated member of the Board of Directors for this District and requires the selection of an alternate. Consistency of Monthly on the 2"d and 4`h Wednesday, at 1:30 p.m. Meetings: Meeting Location: Joint Administration Office - 1955 Workman Mill Road, Whittier, CA 90601 Stipend: $125 5. County Sanitation District No. 23 - Its Mission is to protect public health and the environment through innovative and cost-effective wastewater and solid waste management, and in doing so convert waste into resources such as recycled water, energy, and recycled materials. Pursuant to Health and Safety Code, Section 4730, because lies wholly in the City of Vernon, the Vernon City Council is the Board of Directors for this District. Consistency of Monthly on the 2"d Wednesday, at 1:30 p.m. Meetings: Meeting Location: Joint Administration Office - 1955 Workman Mill Road, Whittier, _ CA 90601 Stipend: $125 6. Gateway Cities Council of Governments — For the purpose of engaging in regional and cooperative planning and coordination of government services and responsibilities to assist its member in the conduct of their affairs for the collective benefit of cities in the Southeast Los Angeles County area. Consistency of Monthly on the V Wednesday, at 6:00 p.m. Meetings: Meeting Location: Gateway Cities Council of Government 16401 Paramount Boulevard, Paramount CA 90723 Stipend: S 125 7. I-710 EIR/EIS Project Committee—Evaluates the freeway corridor,parallel arterials and other elements of the system's infrastructure, including good movement and an analysis of quality of life impacts on local communities, including public health. Page 5 of 8 Consistency of Quarterly on the 5"Thursday, at 6.30 p.m. Meetings: Meeting Location: Progress Park, 15500 Downey Avenue, Paramount, CA 90723 Stipend: S 100 S. Independent Cities Association of Los Angeles County (ICA) - Focuses on education, legislative advocacy, intergovernmental relationships and other major issues that transcend the boundaries of its member cities. ICA holds two Annual Seminars bringing together city council members, other city officials and business partners for the purpose of being better informed and to share relevant experiences. The Winter Seminar addresses public safety and the Summer Seminar focuses on contemporary issues. Consistency of Monthly on the 2°d Thursday, at 7:00 p.m. Meetings: Meeting Location: Metropolitan Water District, 700 N. Alameda Avenue, Los Angeles, CA 90012 Stipend: None 9. Independent Cities Finance Authority —Joint Powers Agreement with several cities for the purpose of providing low-cost sources of financing for the acquisition, construction, installation, and/or equipping of public capital improvements. Consistency of As Needed(Usually from 12 p.m. to 1 p.m.) Meetings: Meeting Location: Varies (Vernon, South Gate, or Lynwood) Stipend: S 150 10. League of California Cities — The League holds an Annual Conference each year and member cities have the opportunity to participate in the Annual Business meeting. To be eligible to cast the City's vote, each Voting Delegate and Alternate Delegates (up to two) must be specifically designated by the City Council. Consistency of January, March, May, and December, on the I"Thursday, at 6:30 Meetings: p.m. Meeting Location: Varies Stipend: None 11. Eco-Rapid Transit(formerly known as the Orange Development Authorit —Eco-Rapid Transit, formerly known as the Orangeline Development Authority, is a joint powers authority (JPA)created to pursue development of a transit system that moves as rapidly as possible, uses grade separation as appropriate, and is environmentally friendly and energy Page 6of8 efficient. The system is designed to enhance and increase transportation options for riders of this region utilizing safe, advanced transit technology to expand economic growth that maximizes ridership in Southern California. Consistency of Monthly, on the 2 nd Wednesday, at 6:00 p.m. Meetings: Meeting Location: January—March: City of Glendale, Police Community Room, 131 N. Isabel Street, Glendale, CA 91206 April— December: Gateway Cities Council of Governments, 16401 Paramount, Boulevard, Paramount, CA 90723 Stipend: $l00 12. Pacific Electric Ri hl-cif-Wav tPF. ROWWWest Santa Ina Branch Corridor Alternatives Analysis— Southern California Association of Governments in coordination with the Los Angeles County Metropolitan Transportation Authority and the Orange County Transportation Authority initiated a transit Alternative Analysis study to explore opportunities for connecting Los Angeles and Orange Counties through the reuse of the Pacific Electric Right-of-Way/ West Santa Ana Branch Corridor which will examine potential transit service along the corridor that can provide additional travel options between Los Angeles and Orange Counties, reduce congestion on nearby streets and freeways, and provide adjacent communities with access to the regional transit network. Consistency of As Needed Meetings: Meeting Location: SCAG Main Office, 818 W. Th Street#1200, Los Angeles, CA 90017 Stipend: None 13. Southeast Community Development Corporation—Creation with the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, South Gate, and Vernon to promote activities relating to business attraction, business retention, job training, job creation and various social programs. Consistency of Bi-monthly Luncheon Meetings, on the 3`a Wednesday, from 12 p.m. Meetings: to 2 p.m. Meeting Location: Southeast Community Development Corporation, 6423 Florence . Place, Suite 103, Bell Gardens, CA 90201 Stipend: None 14. Southeast Water Coalition — Created in response to the inaction by the United States Environmental Protection Agency to commence clean-up of the San Gabriel Basin and the Whittier Narrows area, the outlet of the San Gabriel Basin into the Central Basin. Consistency of Monthly, on I"Thursday, at 7 p.m. Meetings: Page 7 of 8 Meeting Location: Azalea Shopping Center (Azalea Room), 4827 Firestone, South ; Gate, CA 90280 Stipend: I None 15. Southern California Association of Governments - Nation's largest metropolitan planning organization, undertakes a variety of planning and policy initiatives to encourage a more sustainable Southern California now and in the future. Consistency of Monthly, on I"Thursday, from 11 a.m. to 2 p.m. Meetings: Meeting Location: SCAG Main Office, , 818 W. 7 h Street#1200, Los Angeles, CA 90017 _ Stipend: None 16. Vernon Solid Waste Hearing Panel — The Vernon Health and Environmental Control Department serves as the Local Enforcement Agency for Solid Waste Facilities in the City of Vernon. Pursuant to Section 44308 of the Public Resources Code, the City Council may appoint three of its members to serve as the Hearing Panel for all hearings conducted pursuant to Chapter 4 of the Public Resources Code. The hearing panel is available to convene and provide resolution to solid waste related issues and conflicts that may arise from within the Local Enforcement Agency's purview. Pursuant to FPPC Regulation 18705.5 each agency must post on its website a single Form 806 which lists all the paid appointed positions to which an official will vote to appoint themselves. The Form 806 will be completed and posted in accordance with FPPC regulations upon City Council action. Fiscal Impact There is no fiscal impact for the appointment to various agencies and committees as this is an administrative item. Associated costs may include travel and registration expenditures for attendance to various meetings and functions, some of which may be covered by the hosting agency or committee. Attachment(s) Draft Resolution: A Resolution Of The City Council Of The City Of Vernon Updating City Council Members' Appointments To Various Agencies And/Or Committees. Page 8of8 RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON UPDATING CITY COUNCIL MEMBERS' APPOINTMENTS TO VARIOUS AGENCIES AND/OR COMMITTEES WHEREAS, the City of Vernon (the "City" ) , is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, the City is a member of various Agencies and/or Committees; and WHEREAS, the City Council of the City of Vernon desires to update appointments of Council Members to various Agencies and/or Committees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1 : The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct . SECTION 2 : The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA) , in accordance with Section 15061 (b) (3) , the general rule that CEQA only applies to projects that may have an effect on the environment . SECTION 3 : The City Council of the City of Vernon hereby appoints to serve as the City' s delegate on the Board of Directors of the California Contract Cities Association and as the City' s alternate. SECTION 4 : The City Council of the City of Vernon hereby appoints , to serve as the City' s delegate on the Central Basin Water Association and , as the City' s alternate; and reaffirms the Director of Public Works, or his/her designee, to also serve as the City' s alternate. SECTION 5 : The City Council of the City of Vernon hereby appoints , as the presiding officer of the City of Vernon to serve as the City' s member on the Board of Directors of County Sanitation District No. 1 and as the City' s alternate. SECTION 6 : The City Council of the City of Vernon hereby appoints _ -, to serve as the City' s delegate on the Board of Directors of County Sanitation District No. 2 and as the City' s alternate. SECTION 7 : The City Council of the City of Vernon hereby appoints the following members of the City Council of the City of Vernon to serve on the Board of Directors of County Sanitation District No. 23 : Melissa Ybarra, Mayor Yvette Woodruff-Perez, Mayor Pro-Tem William J. Davis, Councilman Melissa Ybarra, Councilwoman Leticia Lopez, Councilwoman SECTION 8 : The City Council of the City of Vernon hereby appoints , to serve as the City' s delegate on the Board of Directors of Gateway Cities Council of Governments and, as the alternate. SECTION 9 : The City Council of the City of Vernon hereby appoints , to serve as the City' s delegate on the I-710 for the EIR/EIS Project Committee and _ as the City' s alternate . - 2 - SECTION 10 : The City Council of the City of Vernon hereby appoints _ to serve as the City' s delegate on the Board of Independent Cities Association of Los Angeles County and , as the City' s alternate . SECTION 11 : The City Council of the City of Vernon hereby appoints _ to serve as the City' s delegate on the Board of Directors of the Independent Cities Finance Authority and , as the alternate . SECTION 12 : The City Council of the City of Vernon hereby appoints , to serve as the City' s delegate on the Board of Directors of the League of California Cities and and , as the alternates . SECTION 13 : The City Council of the City of Vernon hereby appoints , to serve as the City' s delegate on the Board of Directors of the Eco-Rapid Transit and as the alternate . SECTION 14 : The City Council of the City of Vernon hereby appoints , to serve as the City' s delegate on the Board of Directors of the Southeast Community Development Corporation and as the City' s alternate. SECTION 15 : The City Council of the City of Vernon hereby appoints to serve as the City' s delegate on the Board of Directors of the Southeast Water Coalition and as the City' s alternate; and reaffirms that said appointed Representatives shall also be the City' s representatives to attend board and committee meetings held by the Replenishment District of Southern California, Central Basin Municipal Water District and the Authority and any other water-related meeting which affects the City - 3 - of Vernon. SECTION 16 : The City Council of the City of Vernon hereby appoints , to serve as the City' s delegate to the assembly of Southern California Association of Governments and , as the City' s alternate . SECTION 17 : The City Council of the City of Vernon hereby appoints _ , , and to serve on the Hearing Panel for the Local Enforcement Agency for Solid Waste Facilities in accordance with 14 CCR § 18060 and Section 44308 (a) (1) of the Public Resources Code. SECTION 18 : Such appointments shall be effective until the death, resignation, disqualification or subsequent removal by the City Council of such representatives . SECTION 19 : Any resolutions or parts of a resolution or minute orders in conflict with this Resolution are hereby repealed as to the portions in conflict, only. - 4 - SECTION 20 : 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 16th day of May, 2017 . Name : Title : Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Zaynah Moussa, Senior Deputy City Attorney 5 - STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. _ , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, May 16, 2017, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of May, 2017, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 6 - v RECEIVED RECEIVED 4 MAY 10 2 017 �`�r *,,�. � MAY 04 2W CITY CLERK'S OFFICE STAFF REPORT CITY TINISTRATION HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT DATE: May 16, 2017 TO: Honorable Mayor and City Council FROM: Keith Allen, Director of Health & Environmental Control Originator: David LeDuff, Chief Deputy Director 0 RE: A Resolution approving and authorizing the submittal of application(s) for the CalRecycle Used Oil Payment Program and the Beverage Container Recycling City/County Payment Program Recommendation: A. Find that approval of the request for authority to receive and spend payment program funds in this staff report is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines sections 15308 (actions taken to protect the environment), 15323 (normal operations of public facilities) and 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. B. Adopt a resolution requesting approval and authority to receive and spend payment program funds from CalRecycle. Background: As previously presented at the April 18, 2017 Vernon City Council meeting, the Department of Health and Environmental Control has, for the past several years, applied for and received funds for three different grants administered by the Department of Resources Recycling and Recovery (CalRecycle): the Used Oil Payment Program Grant, the Local Enforcement Agency Program Grant and the Beverage Container Recycling City/County Payment Program Grant. In its administration of these grants, CalRecycle requires an agency's governing body to declare by resolution certain authorizations related to the agency's application for program funds. As a result, at the April 18, 2017 Vernon City Council meeting the Honorable Mayor and City Council approved and adopted Resolution No. 2017-15 "A Resolution of the City Council of the City of Vernon Approving and Authorizing the Submittal of Application(s) for all CalRecycle Grants for which the City of Vernon is Eligible". It was the Department of Health and Environmental Control's understanding that this resolution would be sufficient to cover all of the previously mentioned CalRecycle grants. However, our department was informed by CalRecycle on May 2, 2017 that another resolution would be required for the Used Oil Payment Program and the Beverage Container Recycling City/County Payment Program Grant since they are technically "payment programs"and not grants. Here again is a brief description of these two payment programs: The Used Oil Payment Program is awarded to agencies to help implement CalRecycle's used oil programs. Historically, the City has received approximately $5,000 on a yearly basis for this payment program. These funds have been used to improve the public's awareness of used oil recycling opportunities and the damage to the environment caused from releases of used oil. Funded activities have included: • The purchase of educational materials (pamphlets, etc.). • The distribution of free used oil-recycling containers to Vernon business employees and the public. • Stormwater mitigation activities. • The services of a consultant to conduct educational outreach efforts. Fiscal Year 2017/2018 Used Oil Payment Program fund levels for Vernon are expected to be the same as previous years (approximately $5,000). The Beverage Container Recycling City/County Payment Program helps fund beverage container recycling and litter reduction activities. Funds will be utilized to promote and distribute recycling and litter reduction information throughout the City of Vernon as well as to purchase products to promote recycling. Fiscal Year 2017/2018 Beverage Container Recycling City/County Payment Program fund levels for Vernon are expected to be the same as previous years(approximately $5,000). Fiscal Impact: If approved,the City expects to receive approximately $10,000 in funds in total for these two payment programs. There is a minor fiscal impact that is expected for administrative oversight of the fund activities. However, considering the overall benefits the City will receive by use of the funds, it is worthwhile for our department to pursue these funding programs. Attachments: 1. Resolution RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE SUBMITTAL OF APPLICATION(S) FOR THE CALRECYCLE USED OIL PAYMENT PROGRAM AND THE BEVERAGE CONTAINER RECYCLING CITY/COUNTY PAYMENT PROGRAM AND RELATED AUTHORIZATIONS FOR WHICH THE CITY OF VERNON IS ELIGIBLE WHEREAS, pursuant to Public Resources Code 9 48000 et seq. , 14581, and 42023 . 1 (g) the Department of Resources Recycling and Recovery ("CalRecycle" ) has established various payment programs to make payments to qualifying jurisdictions; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs; and WHEREAS, CalRecycle' s payment program application procedures require, among other things, an applicant' s governing body to declare by resolution certain authorizations related to the administration of the payment program; and WHEREAS, by memorandum dated May 16 , 2017, the Director of Health & Environmental Control has requested the authority to receive and spend payment program funds from CalRecycle; and WHEREAS, the City Council of the City of Vernon desires to approve and authorize the submittal of application(s) to CalRecycle for the Used Oil Payment Program and Beverage Container Recycling City/County Payment Program, and related authorizations for which the City of Vernon is eligible . 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 the California Environmental Quality Act (CEQA) , pursuant to CEQA Guidelines sections 15308 (actions taken to protect the environment) , 15323 (normal operations of public facilities) and 15061 (b) (3) , the general rule that CEQA only applies to projects that may have an effect on the environment . SECTION 3 : The City Council of the City of Vernon hereby approves and authorizes the submittal of application(s) for any and all payment programs offered. SECTION 4 : The City Council of the- City of Vernon hereby authorizes the Director of Health & Environmental Control and the Chief Deputy Director of Health and Environmental Control, or his or her designee, to execute any and all documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary for the purposes of securing funds for, and on behalf of, the City of Vernon and to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the actions herein approved or authorized. SECTION 5 : This authorization is effective until repealed by the City Council of the City of Vernon. - 2 - SECTION 6 : 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 16th day of May, 2017 . Name : Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Zaynalv o ssa, Sent; Deputy City Attorney - 3 - STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. _ , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, May 16, 2017, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of May, 2017, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 4 - RECEIVE[) RECEIVED MAY 10 2017 MAY 10 2017 CITY ADMINISTRATION CITY CLERK'S OFFICE STAFF REPORT VERNON PUBLIC UTILITIES DATE: May 16, 2017 TO: Honorable Mayor and City Council FROM: Kelly Nguyen, General Manager of Public Utilities RE: Approval of Additional Fund Allocation for OneSource Distributors, LLC Purchase Contract LP-0278 Recommendation A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review because the additional fund allocation 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. As to the metalclad switchgear retrofit, the proposed action is exempt from CEQA review, in accordance with CEQA Guidelines § 15302, because the proposed project consists of the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced; and B. Authorize the City Administrator to approve additional fund allocation for Purchase Contract No. LP-0278 with OneSource Distributors, LLC to procure additional parts for the City Hall Maisano Substation Metalclad Switchgear Retrofit, in an amount not-to- exceed $3,690.70; thereby increasing the total purchase contract amount to $101,481.86. Background On March 23, 2016, the City Administrator approved a request from Vernon Public Utilities ("VPU") for a competitive selection exemption, pursuant to 2.17.12(A)(4) of the Vernon Municipal Code, since the proposed work related to the substation retrofit had no substitute and could only be obtained from one vendor; and further authorized staff to enter into a purchase contract with S&C Electric Company through OneSource Distributors in light of this exemption. Page 1 of 2 The existing switchgear at Maisano Substation is manufactured by S&C Electric Company. The VPU Engineering team considered various options for upgrading, including a complete replacement which would take additional outage time with a higher cost. It was determined that the best solution was to install a retrofit source-transfer control that meets current industry standards. S&C Electric Company through OneSource Distributors delivered the attached proposal which includes the scope of work, schedule, and a total cost of $97,791.16. Unanticipated additional parts such as voltage transformers priced at $3,690.70 are ultimately needed to complete the project. Therefore, VPU recommends that the City Council approve the request for additional funds to accommodate the cost overage for these necessary components. Fiscal Impact The total charges originally authorized for Purchase Contract No. LP-0278 were $97,791.16. The amount to procure the additional parts required for the substation retrofit shall not exceed $3,690.70. Upon approval to allocate additional funds, the total cost of the purchase contract will increase to an amount of$101,481.86. Sufficient funds are available in the fiscal year 2016-2017 Vernon Public Utilities budget. Attachments 1. Purchase Contract LP-0278 2. Sole Source Vendor Justification and Quote 3. Invoices Page 2 of 2 City of Vernon .M~ Purchase Contract s� City of Vernon Contract Date Page Finance Department LP-0278 4/142016 1 of 4 Purchasing Division Buyer: 4305 Santa Fe Avenue ALI NOUR Vernon,CA 90058 Phone#-(323)583-8811 Fax#. (323)826-1491 Ship Internet Address:www.citvofvemon.org CITY O ENGINEERING[NG DIVISION 4305 S. SANTA FE AVE VERNON,CA 90058 Vendor. Bill To: ONESOURCE DISTRIBUTORSLLC CITY OF VERNON 6530 ALTURA BLVD. ATTN:ACCOUNTS PAYABLE BUENA PARK,CA 90620 4305 SANTA FE AVE VERNON,CA 90058 Start bake Completion Deie Contras Total 4012016 $97.791.16 Retro-fd installation of a micra-at source-transfer control per 1.1 under scope work1.113.1 -$75,288.76 S&C 34112R7 Switch akiuti-rupter can be furnished for Bay#1 1.4f3.4-W213.00 S&C 34012R7 Switch alduti-rupter can be furnished for Bay 03 1.5f3.5-$6,213.00 S&C New voltage transformers can be furnished for Bays#1 and catalogue number would be derermined at the time of order entry based on customers actual system voltage 1.8J3.8-(4)at$2,180.00 each S&C New VT fuses can be furnished for the new VT's in Bay 1 &3.Catalog number would be determinded at the time of order entry based on customers actual system voltage 1.98.9(8)at$169.55 each tax included. Quotation#S5052372 Total Purchase Contract not to exceed$97,791.16 Page t of 4 Important Notice to Vendors: The attached Terms and Conditions of Purchase Order/Contract shall be part of this Purchase Order/Contract Vendors performing services must indicate acceptance of City Terms and Conditions and return a copy of this acknowledgement to the City prior to performance. Failure to do so will void this Purchase Order/Contract. All shipments,shipping papers,invoices and correspondence must be identified with our Purchase Order/Contract Number. Failure to do so may delay payment processing. Attachments/Appendices are a part of this Order/Contract. Svvice4►+endo-r Sig u re Pr *Type Nam e al j 1 ZUJI to Authorizad City Signature Print or Type Name date William fox 4114R016 Pape 2 of 4 Sole Source Vendor Justification Attach to all sole Sou=PtuiclLies exoeading S5.000.00 Vasdor'a Nw= 1N F, B beiuBpurdiwe& S&C ELECTRIC COMPANY SIJITCHGEAR EQUIPMENT El 77ue e0mm8 ty-r service ho;so competitive product(one of a kb dk is only available from Doe vendor.ISse.L17.12(A)(2)l A�p�or d Port has no can® �� surbstil�rle; Daly be o6faiaed from ono vendor iSee.2.17.12(A)(4H ❑ ��9 � bi�Y is the +g�idusiao.Needs b oo N*wM amdwr product mt is currently i■pb ee. ❑ Del"la■1e TMe dft of2K33m i a meet as ddh ay dirt ❑ Falawarp sal ONLY ONE VENDOR is able lo,make on-call repairs at a p.mkdw laatsoo. ❑ Y Urpnt need for the iaem Or savioe does not permit solucrtn>a wispetidve bids,as is cum of arerracim disaster,etc.(Sec.2.17.12(A)(4N ❑ 1MMEwhe arer Product or service eaa**be obtained from this vendor I F F-wso k is from the Dhwt mam&cum or from a mwwfacKu w e: dfeed dedwin pair-eater.IBse.2.17.12{A)(4)l ZxPb a why Ills vstdw to Ire ady see aisle I*Provide Ire servioekp&L SEE ATTACHED Cad by: MICHELLE TOLMASOFF Ekporam wit: VG&E til�eask Fioanroe Di mcea e uit,Aanria;,tea�e ' (,r RXN[BIT 11 ttYMls Pkase inu:lU&all in r EN wXdWd M supporting your reRuest. l-WWI plat+MUM will be rcjocMt Nft- Agalk INTEROFFICE MEMORANDUM VERNON GAS & ELECTRIC DATE: March 21, 2016 23 ' TO: Carlos Fandino, City Administrator FROM: Ali Nour, Utilities Engineering Manager SUBJECT: City Hall Maisano Substation Metalclad Switchgear Retrofit — Approval of Proposal Delivered by S&C Electric Company The City of Vernon's City Hall main electric substation also known as Maisano Substation was originally commissioned in 1966. The substation basically consists of a transformer and a switchgear that is capable of switching between two 7 KV feeders in case one feeder experiences an outage. In 2011, the original transformer was replaced with a 3,750 KVA three phase transformer. The existing switchgear was manufactured by S&C Electric Company. Even though the switchgear cabinet is well maintained, the transfer switch and the associated electric relays inside the cabinet are obsolete and replacement parts are difficult to find. The switch operator handles do not align properly and switching may create hazardous conditions during automatic operation. VG&E Engineering team considered various options including a complete replacement of the switchgear. Complete replacement would take additional electric outage time to the City Hall and the solutions were expensive. Staff invited S&C Electric Company technicians to the substation site and performed a detailed review of the switchgear and its transfer switch mechanism conditions. It was determined that the best solution is to install a retrofit source-transfer control that meets current industry standards. Per staff request, S&C through OneSource Distributors has delivered the attached proposal which includes the scope of work, schedule, pricing and S&C Terms and Conditions for the delivery and installation of a Retro-fit Micro-AT Source-Transfer Control in the existing metalclad switchgear. S&C will provide 10 years of extended warranty for the new equipment delivered. The upgrade will take three days to complete while only requiring an eight hour substation outage. S&C will have its qualified field service technologists on site to perform the replacement. City staff will install safety grounds and stand-by generators during the eight hours electric service outage. The not to exceed cost of delivering, installation and commissioning for the new components is 97,791.16, including taxes. The lead time for delivery is 12 weeks. VG&E staff is recommending the following: 1. The City Attorney's Office review and approve as to form S&C's Standard Terms and Conditions prior to issuance of a purchase order, 2. The City Administrator to approve this request for competitive selection exemptions because this retrofit has no substitute and can only be obtained from one vendor, pursuant to 2.17.12(A)(4) of the Vernon Municipal Code; and further to enter into a contract with S&C Electric Company without competitive selection process. Fiscal Imoact If this contract is authorized, the Department will spend up to $97,791.16 including taxes for the City Hall electric substation switchgear upgrade. Sufficient funds are available in Fiscal Year 2015-2016 in the 9100 Fund and the Capital Improvement Fund 055-9100.900000 to cover the funding requested. If you have any questions, please let me know. ARNI Attachment 111 1�`I I��I I 1�1�I 1 11111111 &&URCE Quotation QUOTE DATE QUOTE NUMBER 12101 WESTERN AVE 03/01/2016 S5052372 GARDEN GROVE,CA 92841 ORDER TO. PAGE NO 7144385-S390 Fax 714-521-2031 MIS pkESq„RCEpISTRWTos& uC 12101 WESTERN AVG 1 of 5 cAMEN GROVE.CASMI Tlsaes 5160 Fax I14-al-031 QUOTE TO'. SHP TO: CITY OF VERNON CITY OF VERNON (UbTiity House) 4305 SANTA FE AVE ATTN:DEPARTMENT D DEPT.D 4305 SANTA FE AVE VERNON,CA 90058 VERNON.CA t100Ta8 CUSTOMER NUMBER CUSTOMER ORDER NUMBER RELEASE NUMBER SALESPERSON 27838 Jim Frankenfield, 0270 WRITER SHIP VIA TERMS SHIP DATE FREIGHT EXEMPT MARYB BW-BEST WAY NET 30 DAYS O4/1512016 Yes NUMI ORDER CITY DESCRIPTION UNIT PRICE EXT PRICE 2 lea RETRO-FIT INSTALLATION OF A 75288 7601ea 752B8 76 ✓ MICRO-AT SOURCE-TRANSFER CONTROL PER 1.1 UNDER SCOPE WORK 1.113.1 The above price includes the basic daily charges, Per Diem,and transportation costs for the Field Servitlee Technologists for the period of time as stated in the SCOPE OF WORK per 1.1 above.Any additional work,or work performed outside of these hours,will be subject to addfionai charges as set forth in Section 2. Additional work. This proposal is for the replacement of the EM Panel Source-Transfer Control presently installed in a 5-bay fine-up of Metal-Enclosed 51wItchgear, identified as CDA-104472, located at the City of Vernon,California. S&C Electric Company would furnish and install a Retro-M Micro-AT Source-Transfer Control(Cahkq THIS IS A QUOTATION Subtotal Prices are subiect to chance without notice, SOH Charges Tome subject to credit evaluadon and cuato w credit avdlab1111. Continued on Next Page' Amount Due Prf"d By 1MR48 on]3WI6 11 99 02 CIA &&URCE Quotation 1 QUOTE DATE QUOTE NUMBER 12101 WESTERN AVE 03101/2016 S5052372 GARDEN GROVE,CA 02841 i ORDER TO: PAGE NO- 714-60&SM Fu 714- 21-2031 OR 1s oNEsouRCE aaixOurtM 12101 WESTERN AVE 2 of 5 GARDEN GROVE.CA SMI 714-08"3W For 71"i-TWt QUOTE TO: SHIP TO: CITY OF VERNON CITY OF VERNON (Utlbty House) 4305 SANTA FE AVE ATTN.DEPARTMENT D DEPT.D 4305 SANTA FIE AVE VERNON,CA 90058 VERNON,CA 90M CUSTOMER NUMBER CUSTOMER ORDER NUMBER RELEASE NUMBER SALESPERSON 27838 Jim Frankenfield, x1270 WRITER SHIP VIA TERMS SHIP DATE FREIGHT EXEMPT MARYB BW- BEST WAY NET 30 DAYS O4115/2016 Yes NUM ORDER QTY DESCRIPTION UNIT PRICE EXT PRICE number 39050•V1YS-SXXX)and Customized Retro-fit Kit to mplaw the existing EM Panel Source-Transfer Control in this 5-bay Me-up of Metal-Enclosed Sullitohgear. In addition to the Micro-AT Source-Transfer Control and customized Retro-tit Kit,the following itemslfeahues would be provided: Two(2)new AS-30 Switch Operators Wiring harnesses for the new AS-30 Switch Operators Mweellaneious hardware as required to install above items Complete programming of the Micr AT Source-Transfer Control in accordance with Customer parameters. Five(5)copies of revised schematic and Detail Wiring Diagrams Ten Year warranty with S&C installation THIS IS A QUOTATION Subtotal Prices are subiect to change without notice S81H Charges Twms ilib*Zto credlt♦waluation and�uttomarcredh avaUablllt� "Continued on Next Page ' Amount Due PmUd Of MIARYB an 3WA 16 11-"03 AM &OURCE Quotation QUOTE DATE CIUOTE NUMBER 12 101 WESTERN AVE03/01/2016 S5052372 GARDEN GROVE,CAU1141 ORDER TO: PAGE NO rs4-885-5390 Fax 714-UIf 2011 MeiSC+N iRIXOLV ftMTORS uC 4 T7M%WESTiftf AVE 3 of 5 X14140S-190 FM ea 124-.+phi QUOTE TO: SHIP TO. CITY OF VERNON CITY OF VERNON (Utllily House) 4305 SANTA FE AVE ATTN:DEPARTMENT D DEPT.D 4305 SANTA FE AVE VERNON,CA 9005a VERNON.CA 90058 CUSTOMER NUMBER CUSTOMER ORDER NUMBER RELEASE NUMBER SALESPERSON 27B3$ Jim Frankenfield, x1270 WRITER SHIP VIA TERMS SHIP DATE FREIGHT EXEMPT MARYB BW-BEST WAY NET 30 DAYS 04/15l2016 Yes NWA ORDER OTY DESCRIPTION UNIT PRICE EXT PRICE 4 lea S&C 34112R7 SViATCH ALDUTI-RUPTER 6213.000fea 6213.00 Can be furnished for Bay 01 S300 1.413.4 6 1 ea S&C 34012R7 SWITCH ALDUTI-RUPTER 6213.000Vea 6213.00 Can be fumished for Bay#3 riles? 1.513.5 8 4ea S&C NEW VOLTAGE TRANSFORMERS 2180.0001ea 8720.00 Can be fumishwl for Bays#1 and Q p catalogue number would be determined at the time of order entry based on customer's actual system wftp 1.813.8 THIS IS A QUOTATION Subtotal Prices are subiect to chance without notice. SSH Charges Tema sublea to crew evaluation and cusftnw credit evaNab". "Continued on Next Page ` Amount Due Prvr.a gr Mutre an vx:ou 11 W04 ALM l i 111' '111111111111 11111111 &MURCE '-1 "I-.Quotation QUOTE DATE QUOTE NUMBER 12101 WESTERN AVE 0310112016 S5052372 GARDEN GROVE,CA DMI ORDER TO: PAGE NO 714-W5-S 0 Fax 714-521-2031 its DNEsa„RCE QEfft*ftr0$19 LLr 121111 w�Pl AVE 4 of 5 GARDEk GROVE GtW"I QUOTE TO: SHIP TO: CITY OF VERNON CITY OF VERNON (Utility House) 4305 SANTA FIE AVE ATTN:DEPARTMENT D DEPT.D 4305 SANTA FE AVE VERNON.CA 90058 VERNON.CA 90058 CUSTOMER NUMBER CUSTOMER ORDER NUMBER RELEASE NUMBER SALESPERSON 27838 Jim Frankenfield, x1270 WRITER SHIP VIA TERMS i SHP DATE FREIGHT EXEMPT MARYB BW- BEST WAY NET 30 DAYS O4/15/2016 Yes �-,Al ORDER OTY DESCRIPTION UNIT PRICE EXT PRICE 10 8ea S&C NEW VT FUSES 169 5501ea 1356.40 Can be fumished for the new Vrs j')Lm in Bay 1 &3_ Catalog number would be determined at the time of order entry based on customer's actual system voltage 1913.9 Provided Labor The above work is being proposed for normal daylight,weekend,work hours,at a time and date mutually agreed upon by S&C Electric Company and the City of Vernon,California. The Retro-fit can be completed in less than three(3) ,eight(8) hours workdays.We have included the services of two(2)S&C Field Service Technologists for these three(3)days. Outage Required The outage is tenaUvely planned for the third(3rd)day of work. An outage of the Metal-Enclosed Switchgear is not required for THIS IS A QUOTATION Subtotal Prices are subject to chance without notice. SOH Charges Terns auir-itio Credit evalwtlon and tuawmer Tdtt wwalLitb4li4x_ Continued on Next Page ' Amount Due Prr*M er MARY@ v1 36MIG I15904 AM 111111111111 11111111 GRISOURCE Quotation TUTUM QUOTE DATE QUOTE NUMBER 12101 WESTERN AVE 03/01/2016 S5052372 GARDEN GROVE.CA 9M1 ORDER TO: PAGE NO 714$95.5390 Fax 714-WI-2031 SRIS ONESO,RSE DISTRIBUTORS, LLC 12to1 WESTERN AVE 5 of 5 GARDEN GROW,CA 92841 7144954 O Fp 714-621-2031 QUOTE TO: SHIP TO: CITY OF VERNON CITY OF VERNON (Utility House) 4305 SANTA FE AVE ATTN-DEPARTMENT D DEPT.D 4305 SANTA FE AVE VERNON.CA 90058 VERNON.CA 90058 CUSTOMER NUMBER CUSTOMER ORDER NUMBER RELEASE NUMBER SALESPERSON 27838 Jim Frankenfield, x1270 WRITER SHIP VIA TERMS SKIP DATE FREIGHT EXEMPT MARYB BW-BEST WAY NET 30 DAYS 04/1 512 0 1 6 Yes ,NUJW ORDER QTY DESCRIPTION UNIT PRICE EXr PRICE installdon of the Micro-AT Source-Transfer Control RelroA but is required for irtstailation of the new wiring harnesses for the Voltage Transtormers. as well as the adjustments required between the new AS-30 Switch Operators and the existing Alduti-Rupter Switches. One(1)of the eight(8) dour workdays will require the Metal-Enclosed Switchgear to be Completely de-energ¢ed and grounded. THIS IS A QUOTATION Subtotal 97791 16 Prices are subject to change without notice. S&H Charges 000 Terms fublW to Credit evaluntion and cuMmer CrOM avAI1 WNty- �— Amount Due 97791.16 PraM e7:MAR"a13W01611 59 05 All Ft i sr isswrai■ —211 + 16 err r: In jo � a -1 Y � � II r is41, 0 1 0 p ,� ! G aLL, 1 Fi — I Premises CERTIFICATE OF LIABILITY INSURANCE m;Po"ow" 3-34-2016 TM CENTOWATE IS ISSUED AS A MATTM OF KF01IMATM ONLY AND CONFtA X0 RN3HTS UPON T}4E COMFICATE HOCDM THS COMRCATE DOES NOT AFPMMTNKY On NEIGATWELY Aa , EXTEND OR ALTER THE CGVERADEE AFFORDED 5V THE PWM dE3.0W TH3 CMTMATE OF INSURANCE DOW NOT CDMS1TTiITE A CONTRACT 96TyMEEM THI W=Q NistlREJ^ AUTIIDItlM III@�TA71ME OR PROMMOk AID THK CONT9ICATE"OLML go umm and eordWw s of On Po.7.mroft pdkin my ngldnl an ondan me t. A sIaIINIMnt on thb, -IN,ata does rat endar de tf to IRE a mkl &WO it ON d ash "=WM 11 54 W.M lbw CwC+11�LkA MMs wN�r Et7Egq�1t7Fy1}YriF A,LMtll�Rr k# SRG OwNr rr: + s�slmis61rr�4 t AIVE INNItirWNMr l Wdow6>*ate*OAK W NW&1t &++�e �41wr.M nrar�r,tu.wwi++Mt■r 13�1 1� is r- CARTIF"TR NLI ' THIS IS TO CERTIFY THAT TFA POLlC U OF Itt'SUMNCE LUFM YELCW HAVE BEAN ISSUED TO THE INSUMU NAfME#AMMM FOR THE PCLICY PERIOO IKNCAT>�3, NDTV f>f"STA6&N1G"Y REDUWAEAENT. TERM OR 00NU ON Oa:ANY CONTRAM#I tS HER DDCtJtt#ENT VM"INHWOWTTO 1M1ICN rpM CERTWICATE MAY K IMED OR MAY KR7AN. THE *SURMM AFFCRDED BY TKE POLICIES DErSC ED HEREIN Is SLSJEM M ALL THE TERMS. EXMU=GAND COIIC1TR M OF SUCH MIXES.I,WM SH01M MAT HAVE SEEN REDUCED BY PAID CLAIMS WER T7ra or�irwlwp! —MM ANN& Us A A �9E11R LLOAaRr 12mirmS IMUMIS MAil MIM M CWUM YEDE] e* # SAM rra+ +�+xr�r s 1JOM GEML ANNEGATt I�',��T PW aEHEA.ACrWEGArE # Zd1= x r+�+L.,C,_I JlRrir U UW PPOou LCCMrKFLnp4 f E=UDFD L A WrOuo�t<J<U■rrlrr 767 161f 1 St 15 I 1Jow x +NI auro roar r nsNrr A'.r�r.ra a AUKS % �fyOiLr reAAlt P`�+FMr�+! # HMAUTOG AU � f tF x MEiLALNia Y �W 1$} 1My11�Q1'� Wa f 20MM Mir tE f Idm4AG EMMMORWMW E N Q0=1 % ANY�L81�i'IMiLRY AiR1 YrOruM MMs i;.b14►LdD r�■ ' R MIA I301rl015 t1{j1 Ili E-1 EALJi s i El CNMEMK r tA DFUM i At hLKtG " E L a i +AORboo I �XaSg WDRILRS L�T�(W IM7U W 1=14015 LIdT IME AS AOM 7 I FN 1�WartaurO IUWAIIMWIW Me1Mf. W»WONN 'MEw1aft tuUialr�l�■11NfaAsa,■�LNfNtrINNIiM1' 1tR The City of Vernon,its directors,commissioners,officers,employees,agents and volunteers are included as additional insured but only with respect to all work performed by and on behalf of S&C Electric Company for The City of Vernon,its directors commissioners,officers,employees,agents and volunteers. cyrrw 'M HOLPIP CANCELL AT M City of Vernon Et3O"AM OF THE A��E D PGIUC=ME GANCEIJ M BE THE E"ATION DA12 7WAMF, NOTM HELL W OE LMRED w Risk Management ACCORDANCE WM ME#POLICY FROM OW. 4305 Santa Fe AVenue Vernon CA 90058 M T#IN,IY*+t AGOf�CG11P+[3ltfAT10M. AE rlv1�rrrwv#d ACORD 26(20UM) TW ACORD asmo and IOvo a ravi W IInaft el ACORD AGENCY CUSTOOM M 0174M Lm F. Chkapa ADDITIONAL REMARK$ SCFElDME POP 2 e! 2 �+uCxrC_ �l1C +�iwrEllr� *sue.■� I�el�� a�wMR �e c� 8MY1(WAL REMARKS THIS ADDITH)NAL RENARRS FORM IS A SCHEDULE TO ACORD FORM, FOPM NIJROM, FOAM TITLE. CWMMM Of LMbOY k� ��arM I�r H1C Iti4 iilr.H1C E>�HH>k IAZ00 FLU E IN.K1�,H1kH0.1E 1/.ID�H1,L IC.lE.1�Hn'.OFi�l/'r11M,1LNI1,M� IICOIID 14"(7MMd H� O�Mi�IiCOIIp OOM GNIATIGi1L AIH r i 1 wd TM ACORD n Md b" MMHM at ACORD POLICY NUMBER: GL 987-58-21 CONVAERCIAL OEIIIIERAL LIABRITY CO 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 1T CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Oraanlzadon(s) Locatkmis) Of Covered Operations ANY PERSON OR ORGANIZATION i CONTRACTUALLY REQUIRING STATUS AS AN ADDITIONAL INSURED FOR ONGOING OPERATIONS YOU PERFORM FOR THEM, information required to complete this Schedule, if not shown above, will be shown in the Declarations. � A. Section Il - Who Is An Insured is amended to or "property damage" occurring after: include as an additional insured the personW or 1. AN work, including materials, parts or organization(s) shown in the Schedule, but only equipment furnished in connection with such with respect to liability for 'bodily injury% work, on the project [other than service, 'property damage' or 'personal and advertising maintenance or repairs) to be performed by injury' caused, in whole or in part, by: or on behalf of the additional insured(s) at 1. Your acts or omissions; or the location of the covered operations has been completed; or 2. The acts or omissions of those acting on 2. That portion of "your work" out of which your behalf; the injury or damage arises has been put to in the performance of your ongoing operations its intended use by any person or for the additional insureds) at the locations) organization other than another contractor or designated above. subcontractor engaged in performing However: operations for a principal as a part of the 1. The insurance afforded to such additional same project. insured only applies to the extent permitted C. With respect to the insurance afforded to these by law; and additional insureds, the following is added to 2. If coverage provided to the additional Section III - Urnits Of Insurance: Insured is required by a contract or If coverage provided to the additional insured is agreement, the insurance afforded to such required by a contract or agreement, the most additional insured will not be broader than we will pay on behalf of the additional insured that which you are required by the contract is the amount of insurance: or agreement to provide for such additional 1. Required by the contract or agreement; or insured. 2. Available under the applicable Limits of B. With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the folloWng additional whichever is less. exclusions apply: This Insurance does not apply is 'bodily injury' This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 &SURCE INVOICE RECEIVED INVOICE DATE _ BR15 ONESOURCE DISTRIBUTORS,LLC p� 04/03/17 S5298278.003 PLEASE REMIT PAYMENT TO: GARDEN GROVE CA 92841 STERN AVEAPR 714-685-5390 Fax 714-521-2031 TREASURER'S OFFICE ONESOURCE DISTRIBUTORS, LLC CITY Of YERN01V PO Box 740527 Los Angeles,CA 90074-0527 5351 1 All 0.403 EM30 10037 02371081303 52 P4134293 M2{IQ02. SHIP TO: i.7') �Ir�rlrrly�'I�Ilrrlll��llllrllllll��'llllll'�lll'�Illllrlrlrr#f �- y CITY OF VERNON (Utility House) CITY OF VERNON ENGINEERING DIVISION DEPT D AM 10 2017 4 305 SANTA FE AVE 4305 S.SANTA FE AVE n VERNON CA 90058 VERNON CA 900584714 VE1014 'A'&. . L ELECRC CUSIOM-EP NUMBER ORDERED 27838 i CONTRACT LP-0278 OneSouroe S5052372 WRITER SHIP VIA TERMS SHIP DATE ORDER DATE Mary Bertao,x1275 BW-BEST WAY NET 30 DAYS O4103117 10/12/16 DESCRIPTION ORDER OTY SHIP QTY NET UNIT PRICE NET AMOUNT ABB 7525A67G05 VIZ-11 TRANSFORMERS 4 4 9XOD0 39w. Dle f 14 . 7 Adddronal terms apply to payments made by credit or debit cards Full terms are available at www.1 sourced istoom/About/Main/Terms - Subtotal 3600.0 Invoice is due by 05/03/17. S&H Charges! AN claims for sharfape or errors must be made at orroe.mk ns require arrimsr authorization and are sub ti jsx to handling charges. Special orders are non-ratirble Sales Ta ,00 • f 3915.00 Terms are net 30 and past due invoices are subject to a 1 5%service charge per month. ON-LINE PAYMENT:http:11onesourc•.billbusti.com Web Enrollment Token:PMB DVW FDS ACCOUNT NO: 96320 Page 1 of 1 01102:09M afkaffRECEIVED INVOICE nwirmium INVOICE RE DATE INVOICE NUMBER BR15 ONESOURCE DISTRIBUTORS.LLC APR { 0 W 04/03/17 S5298278.001 ! 12101 WESTERN AVE PLEASE REMIT GARDEN GROVE CA 02841 j�IERS OFFIi;E PAYMENT 7144555-SM Fax 714-521-2031 Coy 0f VERNON ONESOURCE DISTRIBUTORS,LLC i� PO Box 740527 = Los Angels,CA M74-0527 5351 1 AB 0 403 E003OX 10036 D2371091297 S2 P4134293 0001:0002 $HIP TO- �I'�'I"I'I�'I II"Ill��llllrllllll�l'IIIIII'�III'�1II I�"�L `VFD CITY of VERNON (Utility House) CITY OF VERNON ENGINEERING DIVISION DEPT.D 'PR 10 10 tr- 4305 SANTA FE AVE 4305 S SANTA FE AVE VERNON CA 90058 VERNON CA 90058-1714 TiJ1AV GAS ? 27838 CONTRACT LP-0278 j OneSource S5052372 VWRITER SHIPVIA TERMS S141P DATE ORDER DATE Mary Bertao.x1275 BW-BEST WAY NET 30 DAYS O4103/17 10/12/16 DESCRIPTION ORDER CITY SHIP CITY NET UNiT PRICE NET AMOUNT RETROFIT INSTALLATION OF A 1 1 69072 250E 59072.25. MICRO-A.T SOURCE-TRANSFER CONTROL PER 1.1 UNDER SCOPE WORK S&C 34112R7 SWITCH ALDUTI-RUPTER 1 1 57DO OWE! 5700 DO: S&C 34012R7 SWITCH ALDUTI-RUPTER 1 1 S700,00DE 5700 DO SAC NEW VOLTAGE TRANSFORMERS 4 4 2OW-00DE 800000 S&C NEW VT FUSES 8 S 155. 12" 40 ale �>A Additional terms apply to payments made by ciedrt or debit cards Full terms are available at www Isourcedist.cmdAbout/Marw7emms Subtotal; 89716.65 Invoice is due by 05103117. S&H Charges All claims for shortage or atom must be made at once.ratums requO wn tan sulhonzatlon and we su*d to handling dwg" Specw orders are non4axnabra Sales Tax 7850.211 AMOUNT97S66.8( Terms and net 30 and past due invoices are subject to a 1.59E services � charya per month ON-LINE PAYMENT:httpJ19rnsource.b11ltrust.com Web Enrollment Token:PM6 DVW FDS ACCOUNT NO: 96320 Page 1 of 1 0001lm