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20180320 Regular City Council Meeting - Packet California Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda items, including attachments, which are presented to the City Council in open session are available for public inspection. They may be inspected during regular business hours in the Office of the City Clerk at Vernon City Hall, 4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City's website at www.cityofvemon.org. Americans with Disabilities Act ("ADA"): In compliance with the ADA, if you need special assistance to participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Agenda City of Vernon Regular City Council Meeting Of V Tuesday, March 20, 2018, 9:00 a.m. v~� F°"" off City Hall, Council Chamber 4305 Santa Fe Avenue Vernon, California Melissa Ybarra,Mayor V s� t[Y 1?49 A 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. PUBLIC HEARING 1. Ordinance No. 1250 -An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California,by amending Sections 1.9 through 1.9-2 of Chapter 1 relating to absence of a newspaper in the City and repealing all ordinances or parts of ordinances in conflict therewith (first reading) Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA")review,because it is a continuing administrative activity that will not result in direct or Regular City Council Meeting Agenda March 20, 2018 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 Sections 1.9, 1.9-1, and 1.9-2 of Chapter 1 of the Vernon Municipal Code, amending the Designation of Newspaper and Publication. PRESENTATIONS 2. Service Pin Awards for February 2018 Presented by: Michael Earl, Human Resources Director February Anniversary NAME DEPARTMENT TITLE YEARS Masami Higa Finance Assistant Finance Director 10 3. A Proclamation of the Mayor and the City Council of the City of Vernon declaring the week of March 18-24, 2018, as Childhood Cancer Awareness Week 4. Presentation of Grantee Certificates and Report on FY 2017/2018 Docket II Grants Awarded by Vernon CommUNITY Fund Grant Committee Recommendation: A. Find that receiving this report on grants awarded by the Vernon CommUNITY Fund Grant Committee is exempt from California Environmental Quality Act("CEQA")review, because it is an administrative action that will not result in direct or indirect physical changes in the environment and,therefore,does not constitute a"project"as defined by CEQA Guidelines section 15378; and B. Receive and file this report, as it is being provided for informational purposes only pursuant to Section 2.167(e) of the Vernon Municipal Code. 5. Granicus Peak Agenda Management System Presented by: Maria E. Ayala, City Clerk CONSENT CALENDAR - All matters listed on the Consent Calendar are to be approved with one motion. Items may be removed from the Consent Calendar by any member of the Council. Those items removed will be considered immediately after the Consent Calendar. Claims Against the City—Received and Filed Page 2 of 5 Regular City Council Meeting Agenda March 20, 2018 6. Amended Claim for Damages from Gloria Aitun received March 5, 2018 Minutes—To be Received and Filed 7. Minutes of the Regular City Council Meeting held March 6, 2018 Warrant Registers 8. Ratification of the following City Warrant Register to record the following voided checks: A. City Warrant Register No. 1487 to record voided Check No. 356771 in the amount of$1,500. 9. Approval of City Warrant Register No. 1490, totaling $1,052,620.49, which covers the period of February 27 through March 12, 2018 and consists of the following: A. Ratification of wire transfers totaling $604,256.01; and B. Ratification of the issuance of early checks totaling $361,626.85; and C. Authorization to issue pending checks totaling $86,737.63 10. Approval of City Payroll Warrant Register No. 741, totaling $3,439,279.17, which covers the period of February 1 through February 28, 2018 and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,779,808.21 and B. Checks and electronic fund transfers (ETF) paid through General bank account totaling $659,470.96. 11. Approval of Light & Power Warrant Register No. 455, totaling $3,399,456.04, which covers the period of February 27 through March 12, 2018, and consists of the following: A. Ratification of wire transfers totaling $3,363,098.80; and B. Ratification of the issuance of early checks totaling $27,142.00; and C. Authorization to issue pending checks totaling $9,224.24 12. Approval of Gas Warrant Register No. 243, totaling $151,173.15, which covers the period of February 27 through March 12, 2018, and consists of the following: A. Ratification of wire transfers totaling $132,674.70; and B. Ratification of the issuance of early checks totaling $18,498.45. Fire Department Page 3 of 5 Regular City Council Meeting Agenda March 20, 2018 13. Activity Report for the period of January 16 through January 31, 2018 14. Activity Report for the period of February 1 through February 15, 2018 15. Activity Report for the period of February 16 through February 28, 2018 Health and Environmental Control Department 16. February 2018 Monthly Report Police Department 17. Activity Log and Statistical Summary of Arrests and Activities for the period of February 16, through February 28, 2018,to be received and filed Public Works Department 18. Building Department Report for the Month of February 2018 NEW BUSINESS Public Works 19. Contract Award for City Contract No. CS-0910: PCC and Asphalt Pavement Reconstruction for Fire Stations 76 and 78 Recommendation: A. Find that the proposed Capital Improvement Project at Fire Station No's 76 and 78 along Fruitland Avenue and Soto Street is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15302, Replacement or Reconstruction, Class 2, because the project consists of 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. Accept the bid from Nobest 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 $922,011 for the PCC and Asphalt Pavement Reconstruction for Fire Stations 76 and 78 Project (CS-0910); and D. Authorize a contingency of$100,000 in the event of an unexpected changed condition or additional work requested by the Fire Department in the project and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount, if necessary. Page 4 of 5 Regular City Council Meeting Agenda March 20, 2018 ORAL REPORTS 20. City Administrator Reports brief reports on activities and other brief announcements. 21. City Council Reports brief AB1234 reports, or report on: activities, announcements, or directives to staff. CLOSED SESSION 22. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of potential cases: 5, including (i) a potential retaliation claim by a City employee (see Government Code Section 54956.9(e)(2)); (ii) a potential case involving environmental investigation and clean-up of hazardous waste landfill in West Covina, California (see id.); and (iii) a tort liability claim by Mayra Jimenez (see Government Code Section 54956.9(e)(3)). 23. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Government Code Section 54957 ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Vernon City Hall,located at 4305 Santa Fe Avenue, Vernon, California, and on the City's website,not less than 72 hours prior to the meeting set forth on this agenda. Dated this 151h day of March 2018. By: Maria E. Ayala City Clerk Page 5 of 5 RE RECENVE13 MAR 15 2018 4F +* MAR 0 8 2018 CITY CLERK'S OFFICE 0ITY A M I I STRAII0i. STAFF REPORT CITY CLERK DEPARTMENT DATE: March 20, 2018 TO: Honorable Mayor and City Council FROM: Maria E. Ayala, City Clerk Originator: Matthew Ceballos. Deputy City Clerk RE: Ordinance to Amend the Designation of Newspaper and Publication Recommendation A. Find that approval of the proposed action is exempt from California Environmental Quality Act("CEQA") review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Conduct a Public Hearing; and C. Approve the first reading, and adopt at a subsequent meeting, an Ordinance amending Sections 1.9, 1.9-1, and 1.9-2 of Chapter 1 of the Vernon Municipal Code, amending the Designation of Newspaper and Publication. Background On November 24, 2008, the City Council adopted Ordinance No. 1152 amending Section 1.9 of the Vernon Municipal Code to designate the Vernon Sun as the "...official newspaper of the City of Vernon for the publication of any ordinance, public hearing, or other matter requiring such public notice." On February 1, 2018, the Vernon Sun, an Eastern Group Publication Newspaper, published and circulated their final issue. The parent company has shuttered their entire operation (which included multiple neighboring city publications) and are no longer a viable option for the City to publish mandated notifications. Sections 1.9, 1.9-1, and 1.9-2 each specifically named the Vernon Sun. With the Vernon Sun no longer being in operation the City needs a new publication for the purpose of legal notifications. Page 1 of 2 Currently staff has explored a multitude of adjudicated newspapers. There are numerous publications that are adjudicated newspapers for the Los Angeles County area;however,presently, the Los Angeles Wave: The Press Edition is the only publication that is circulated within the City of Vernon that actually includes the "City of Vernon" in the title of its locally printed edition. Staff recommends amending the Municipal Code to reflect that the Los Angeles Wave: The Press Edition is the City's newly designated newspaper for mandated public notices, pursuant to Government Code Sections 6040 through 6044. Fiscal Impact None. Attachment(s) 1. Public Hearing Notice 2. Draft Ordinance to amend Section 1.9, 1.9-1, and 1.9-2 of Chapter 1 of the Vernon Municipal Code, amending the Designation of Newspaper and Publication Page 2 of 2 .,1 V 4305 Santa Fe Avenue City of Vernon Vernon, CA 90058 (323) 583-8811 NOTICE OF PUBLIC HEARING REGARDING THE PROPOSED ORDINANCE AMENDING SECTIONS 1.9, 1.9-1,and 1.9-2 OF CHAPTER I OF THE VERNON MUNICIPAL CODE The City of Vernon will conduct a Public Hearing,which you may attend. PLACE: Vernon City Hall City Council Chamber 4305 Santa Fe Avenue Vernon,CA 90058 DATE&TIME: Tuesday, March 20, 2018 at 9:00 a.m. (or as soon thereafter as the matter can be heard) PURPOSE/SUBJECT: Consider the adoption of an Ordinance to amend Sections 1.9, 1.9-1,and 1.9-2 in the Vernon Municipal Code, Chapter 1, the Designation of newspaper in the city and repealing all prior ordinances and parts of ordinances in conflict therewith. DOCUMENTS Notice is hereby given that a hard copy of the proposed ordinance will be available for public review during normal business hours in the City Clerk Department,located FOR REVIEW: at 4305 Santa Fe Avenue,Vernon,California,between the hours of 7:00 a.m.and 5.30 p.m. Monday through Thursday. Please send your comments or questions to: Matthew Ceballos,Deputy City Clerk City of Vernon 4305 Santa Fe Avenue,Vernon,CA 90058 (323)583-8811 Ext.546 Ermil: .mceballos@c'i.vemon.ca.us PROPOSED CEQA FINDING: Staff will recommend that the City Council find that this action is not subject to California Environmental Quality Act(CEQA)review, because this ordinance is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378 If you challenge the adoption of an Ordinance to amend Sections 1.9, 1.9-1,and 1.9-2 in the Vernon Municipal Code, Chapter 1,regarding the Designation of newspaper in the city and repealing all prior ordinances and part of ordinances in conflict therewith 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 ext.546. 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: March 7, 2018 Marij E. Aya a,City ORDINANCE NO . 1250 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING THE CODE OF THE CITY OF VERNON, CALIFORNIA, BY AMENDING SECTIONS 1. 9 THROUGH 1. 9-2 OF CHAPTER 1 RELATING TO ABSENCE OF A NEWSPAPER IN THE CITY AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH WHEREAS, the City of Vernon (the "City") is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the: State of California; and WHEREAS, on November 24, 2008, the City Council of the City of Vernon adopted Ordinance No. 1152 amending Section 1. 9 of the Vernon City Code to designate the Vernon Sun as a legal newspaper published nearest to the City of Vernon for the purpose of publishing ordinances, public hearings, and other matters; and WHEREAS, on February 1, 2018, the Vernon Sun, an Eastern Group Publication Newspaper, published and circulated its final issue and is no longer a viable option for the City to publish mandated notifications; and WHEREAS, Government Code Section 6000 indicates that a newspaper of general circulation is a newspaper published for the distribution of local news with an authentic subscription list and is published at regular intervals in the State, county, or city where publication, notice by publication, or official advertising is to be given or made for at least one year preceding the date of the publication, notice or advertisement; and WHEREAS, Government Code Section 6042 states that when there is no newspaper of general circulation published within the jurisdiction of the officer, then publication shall be given or made in a newspaper of general circulation published nearest thereto; and WHEREAS, Los Angeles Wave: The Press Edition (the "Los Angeles Wave" ) is an adjudicated newspaper of general circulation in the County of Los Angeles; and WHEREAS, the City Council of the City of Vernon finds that the Los Angeles Wave meets the requirements for a newspaper of general circulation published nearest to the City for the purposes of publication and compliance with Government Code Section 6000 et seq. ; and WHEREAS, the City Council of the City of Vernon desires to amend Sections 1.9 through 1 . 9-2 of the Vernon Municipal Code to designate the Los Angeles Wave as a legal newspaper published nearest to the City of Vernon for the purposes of publishing ordinances, public hearings, and other matters. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS : SECTION 1 : The City Council of the City of Vernon hereby finds and determines that all of the foregoing recitals are true and correct. SECTION 2 : The City Council of the City of Vernon hereby amends Chapter 1, General Provisions, of the Vernon City Code, by amending Sections 1 . 9 through 1. 9-2, as set forth in Exhibit A which is attached hereto and incorporated by reference . SECTION 3 : Any ordinance, part of an ordinance, or code section in conflict with this Ordinance is hereby repealed. SECTION 4 : 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 - 2 - 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 : There being no newspaper printed, published or circulated in the City of Vernon, the City Clerk is hereby directed to certify to the passage of this Ordinance and shall post the same, or cause the same to be posted, within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, in three (3) of the most public places in the City of Vernon, to wit: the northwest corner of 38th Street and Santa Fe Avenue, the northeast corner of Leonis Boulevard and Pacific Boulevard, and on the bulletin board located outside on the wall near the second floor entrance to the City Hall of said City, located at 4305 Santa Fe Avenue, all in the City of Vernon, County of Los Angeles, State of California. SECTION 6 : Book of Ordinances . The City Clerk shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk' s certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk shall cause this ordinance to be published or posted as required by law. - 3 - SECTION 7 : 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 day of _ 20 Name : Title : Mayor / Mayor Pro-Tem ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Brian Byun, Senior Deputy City Attorney 4 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1250, 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, March 20, 2018, and thereafter adopted at a meeting of said City Council held on Tuesday, , 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 2018, at Vernon, California. Maria E. Ayala, City Clerk (SEAL) - 5 - EXHIBIT A EXHIBIT "A" CHAPTER 1. GENERAL PROVISIONS. Sec. 1.9 . Designation of Newspaper in the City. The Vernen i9inLos Angeles Wave : The Press Edition, a newspaper of general circulation published nearest to the City, is hereby designated as the official newspaper of the City of Vernon for the publication of any ordinance, public hearing, or other matter requiring such public notice . This section is intended only to designate the appropriate newspaper of the City for publication of various legally required notices . Nothing contained herein shall be deemed to impose any requirement of publication not otherwise imposed by other provisions of law. Nor shall anything contained herein be constructed to affect the otherwise required time, frequency, content or manner of notice . Sec. 1. 9-1. Summary of Ordinance. All ordinances requiring publication shall be published in the f 'Ve Fn nLo5 Angeles Wave: The Press Edition, by reference to their I assigned number and title. The notice shall advise that the title, the description, and the full text of these ordinances are available in printed form in the City Clerk' s office . Sec. 1. 9-2 . Untimely Publication. In the event the publication of an ordinance by title and assigned number, or any public hearing or notice, or other matter requiring publication cannot be timely published in the Ve,,.,,.-.Y-, SuR.Los Angeles Wave : The Press Edition, then the City Clerk shall be authorized to post said ordinance by title and assigned number, public hearing, public notice, or other matter in accordance with Section 1 . 10 . Exhibit A, page 1 Sec. 1.9-3. Compliance with Publication Requirements. The City Clerk shall also comply with any other publication requirements imposed by federal or state law as may be applicable to a particular type of ordinance, resolution or public notice . Exhibit A, page 2 P49891VED MAR 13 zm GIbhLa'"valCE WR um I Nn m , STAFF REPORT HUMAN RESOURCES DEPARTMENT DATE: March 20, 2018 TO: Honorable Mayor and City Council FROM: Michael A. Earl, Director of Human Resource L Originator: Veronica Avendano, Administrativ Secretary RE: Service Pin Awards for February 2018 Recommendation A. City Council to present service pins to those employees hired in February. 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 Impact None. Attachment(s) 1. February 2018 Service Pin employee list. Page 1 of 1 018 SERVICE PIN LIST FEBRUARY ANNIVERSARY EMPLOYEE'S NAME DEPARTMENT TITLE D.O.H YEARS Masami Higa Finance Assistant Finance Director 2/6/2008 10 v y .. L_t MAR 15 2018 STAFF REPORT CITY CLERK'S OFFICE CITY ADMINISTRATION DATE: March 20,2018 TO: Honorable Mayor and City Council FROM: Carlos R. Fandino Jr., City Administrator � Originator: Diana Figueroa, Administrative Analyst RE: A Proclamation Declaring the Week of March 1811 — March 2411 as "Childhood Cancer Awareness Week" Recommendation A. Approve a proclamation declaring the week of March 18-24, 2018 as "Childhood Cancer Awareness Week" to honor a child's determination and bravery to fight the battle against cancer. Background The American Cancer Fund for Children and Kids Cancer Connection report cancer is the leading cause of death by disease among U.S. children between infancy and age 15. This tragic disease is detected in more than 15,000 of our country's young people each and every year. One in five of our nation's children will lose his or her battle with cancer. Moreover, many infants, children and teens will suffer from the long-term effects of comprehensive treatment, including secondary cancers. Founded nearly 25 years ago by Steven Firestein, a member of the philanthropic Max Factor cosmetics family, the American Cancer Fund for Children and Kids Cancer Connection are dedicated to helping these children and their families. The two organizations provide a variety of vital patient psychosocial services to children undergoing cancer treatment at multiple Southern California area hospitals, as well as children's hospitals throughout the country. They also sponsor Courageous Kid Recognition Awards, pet assisted therapy, family sailing programs, handmade get well cards and hospital celebrations in honor of a child's determination and bravery to fight the battle against childhood cancer. Their goal is to enhance the quality of life for these children and their families. It is most appropriate that we recognize the fortitude and determination of all children battling cancer; and acknowledge the dedication of the American Cancer Fund for Children and Kids Cancer Connection for their important work in supporting the children and families affected by Page 1 of 2 this disease. The City of Vernon hereby declares the week of March 18-24, 2018 as Childhood Cancer Awareness Week. Fiscal Impact There is no cost associated with this item. Attachment(s) 1. Proclamation Page 2 of 2 of Cjr ty * 011-" tt �° s� A PROCLAMATION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON DECLARING THE WEEK OF MARCH 18 24, 2018,AS CHILDHOOD CANCER A WARENESS WEEK WHEREAS,the American Cancer Fund for Children and Kids Cancer Connection report cancer is the leading cause of death by disease among U.S. children between infancy and age fifteen;and WHEREAS,this tragic disease u detected in more than 15,000 of our country'syoung people each and everyyear;and WHEREAS,one in five of our nation's children loses his or her battle with cancer;and WHEREAS,many infants, children and teens will sufer from long-term effects of comprehensive treatment,including secondary cancers;and WHEREAS,founded nearly 25 years ago by Steven Firestein,a member of the philanthmpic Max Factor cosmetics famiy, the American Cancer Fund for Children and Kids Cancer Connection are dedicated to helping these children and their families;and WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection provide a variety of vital patient psychosocial services to children undergoing cancer treatment at Children's Hospital Los Angeles, The City of Hope,Mattel Children's Hospital at UCLA, Cedars-Sinai Medical Center,Jonathan Jaques Children's Cancer Center at Miller Children's Hospital Long Beach,Los Angeles County+ USC Medical Center,Harbor-UCLA Medical Center, Kaiser Permanente Medical Center, as well as children's hospitals throughout the country;and WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection, in order to enhance the quality of life for there children and their families,also sponsor Courageous Kid Recognition Awards,pet assisted therapy,family sailing programs,handmade get well cards and hospital celebrations in honor of a child's determination and hravery to fight the battle against childhood cancer;and WHEREAS,the City of Vernon wishes to invite all residents and businesses within the City of Vernon to participale in Childhood CancerAwarraess Week in honor of children who have lost their lives to cancer and of those who are now courageously fighting the battle against cancer. NOW, THEREFORE, THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON, ON BEHALF OF ITS EMPLOYEES, RESIDENTS AND BUSINESSES,HEREBY DECLARES THE WEEK OF MARCH 18-24,2018,AS CHILDHOOD CANCER AWARENESS WEEK THIS PROCLAMATION IS BEING PRESENTED TO THE AMERICAN CANCER FUND FOR CHILDREN INCORPORATED AND KIDS CANCER CONNECTION INCORPORATED BY THE HONORABLE MAYOR MELISSA YBARRA FOR AND ON BEHALF OF THE CITY CO UNCIL OF THE CITY OF VERNON THIS 20n r DAY OF MARCH, TWO THOUSAND AND EIGHTEEN. CM'OF I-'ERNON B}: Melissa Ybarra,Mayor RECEIVeD f' MAR 13 2o18 STAFF REPORT CITY CLERK'S OFFICE CITY ADMINISTRATION DATE: March 20,2018 TO: Honorable Mayor and City Council FROM: Carlos R. Fandino Jr., City Administrator 0&, 26-4 -W6 Originator: Diana Figueroa,Administrative Analyst RE: Presentation of Grantee Certificates and Report on FY 2017/2018 Docket II Grants Awarded by Vernon CommUNITY Fund Grant Committee Recommendation A. Find that receiving this report on grants awarded by the Vernon CommUNITY Fund Grant Committee is exempt from California Environmental Quality Act ("CEQA") review, because it is an administrative action that will not result in direct or indirect physical changes in the environment and, therefore, does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Receive and file this report, as it is being provided for informational purposes only pursuant to Section 2.167(e) of the Vemon Municipal Code. Background On February 21, 2018, the Vernon CommUNITY Fund Grant Committee ("Grant Committee") held its second grant award meeting for the 2017/2018 Fiscal Year. There were four (4) General Grant applicants included on the second docket (listed below) and all four (4) were approved by the Grant Committee at the terms recommended, with a specific request that Neighborhood Music School Association apply their grant toward their scholarship program: Original Amount Amount Proposed Applicant Requested Recommended Term Casa 0101 $40,000 $20,000 1 Xear Latino Equality Alliance $18,428.75 $18,428.75 1 vear Neighborhood Music School Association(2"d) $50,000 $30,000 1 year Plaza Community Services (2" ) $100.000 $32,000 1 year Total S208,428.75 $100 428.75 Page 1 of 2 Section 2.167(e) of the Vernon Municipal Code requires the Grant Committee Executive Director (City Administrator) to provide the City Council a report of the grant related actions taken by the Grant Committee within 30 days of any regular meeting and within 15 days of any special meeting at which grants are awarded. Fiscal Impact The total Docket II grant award amount of$100,428.75 is included in the 2017/2018 City Budget and is within the recommended quarterly allocation of approximately $106,375 for this fiscal year. Attachments) None. Page 2 of 2 •*r RECEIVED RECEIVED : MAR 2018 `#Y KAR 15 2A MY CLERKS OFFICE STAFF REPORTC"10MI19"ME CITY CLERK DEPARTMENT DATE: March 20, 2018 TO: Honorable Mayor and CiCouncil FROM: Maria E. Ayala, City Clerk Originator: Matthew Ceballos, Deputy City Clerk RE: Granicus Peak Agenda Management System The City Clerk Department will provide a presentation regarding the implementation and features of the Granicus Peak Agenda Management System. Background In November of 2017, the City acquired the Granicus Peak Agenda Management System. Granicus Peak will streamline the agenda process from beginning to end. The system will handle the initiating of staff reports at the department level, citywide routing, agenda finalization, paperless posting and distribution, meeting management, and post meeting duties. The program is designed to be inclusive and centralized with appropriate workflows and approval levels in place. Fiscal Impact None. Page 1 of 1 CLAIM FOR DAMAGES RESERVE FOR FILING STAMP TO PERSON OR PROPERTY CLAIM No. INSTRUCTIONS y f f 1. Claims for death,injury to person or to personal property must be filed not later VIE than six(6)months after the occurrence. (Gov_ Code Sec.9112) � "i 2. Claims for damages to real property must be filed not later than one(1) year !�~i i0 2u18 after the occurrence. (Gov. Code Sec 911 2) 3. Read entire claim before fling 4. See page 2 for diagram upon which to locate place of accident CITYATTor-k Y DEPT 5. This claim form must be signed on page 2 at bottom 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET 7. Claim must be filed with City Clerk (Gov.Code Sec.915a) TO: CITY OF VERNON CITY COUNCIL Name of Claimant natura person Gloria Ajtun City and State r Business Address of Claimant City and State Business Telephone Number Give address to which you desire notices or communications to be sent regarding this claim California Legal Counsel, APLC, 1100 Glendon Ave., 17th Floor, Los Angeles, CA 90024; (310)887-4400. How did DAMAGE or INJURY occur? Give full particulars. Our client was a pedestrian walking East on 54th Street crossing Soto St., in a marked crosswalk. An individual was traveling North in a vehicle on Soto Street failed to see our client and could not slow down fast enough to see the pedestrian's crossing in the marked crosswalk and struck her. Please see attached Police Report No. CR20171675. When did DAMAGE or INJURY occur? Give full particulars, date, time of day, etc.: September 21, 2017 at 6:08 a.m. See attached Police Report No. CR20171675. Where did DAMAGE or INJURY occur? Describe fuliy,and locate on diagram on reverse side of this sheet, where approximate, give street names and address and measurements from landmarks: Please see attached Police Report No. CR20171675. What particularACT or OM I SSION do you claim causedthe injury or damage? Give names of City employees, if any, causingthe injury or damage, if known: The city allowed for a dangerous condition to exist without heaving proper speed limits, pedestrian crosswalk signs, or other means of protecting pedestrians while they crossed the street in a marked crosswalk. Investigation ongoing. What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed: Our client sustained a broken left fibula bone, head injuries, lacerations on her forehead, and miscellaneous cuts at the time of the incident. Our client has also sustained lost wages, pain and suffering, and emotional distress as a result of this incident. Investigation ongoing. WhatAMOUNTdo youclaimofeach item of injury ordamageasof date of presentation of this claim, givingbasisof computation: This will be an unlimited case exceeding $10,000.00. We are still gathering records at this time. Give ESTIMATED AMOUNT as faras known you claim on account of each item of prospective injury ordamage,giving basis of computation. This will be an unlimited case exceeding $10,000.00. We are still gathering records at this time. Were you insured at the time of the incident?If so,provide name of insurance company, policy numbers and amount of insurance pa ments received: l7edi-Cal recipient. Expenditures made on account of accident or In'uZ: ((Date-Item) (Amount) This will be an unlimited case exceeding1U,000.00. We are still gathering records at this time. Name and address of Witnesses, Doctors and Hospitals: LAC+USC. Treatment is ongoing. READCAREFULLY For all accident claims place on following diagram names of streets, including North, East.South, and West: indicate place of accident by"X"and by showing house numbers or distances to street corners. If City Vehicle was Involved,designate by letter"A"location of City vehicle when you first saw it,and by"B"location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by"A-1"and location of yourself or your vehicle at the time of accident by"8 1"and the point of Impact by'X." NOTE:If diagrams do not fit the situation, attach hereto a proper diagram signed by claimant. FOR AUTOMOBILE ACCIDENTS 7 I F, FOR OTHER ACCIDENTS �SIDEW�ALK CUSS cubeN PARKWAY � ....� 31DEWALK W71 11 I declare, under penalty of perjury, that the f9rego1rtq,-ijpc1uding any attachments, is true and correct. ped/Prir�t�d Ame: Si natu a of Claimant or erson o r behalf,giving Date: iaren Fi Callatan, Esq. NOTE:ALL CLAIMANTS MAY BE REQUESTED TO BE E LSE CLAIM IS A FELONY(CAL. PEN.CODE SEC.72). CLAIMS MUST BE FILED WITH CI ARE NOT NOTIFIED OF ANY ACTION BY THE CITY OF THIS CLAIM WITHIN 45 DAYS OF FILIN THE CLAIM I DEEMED DENIED(SEE GOV.CODE SEC.911.6 6 912.4) Rev.8/4n6 'TATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL TRAFFIC COLLISION REPORT DIST. 09/25/17 (GG) CHP 555 Page 1 Rev.4-11 ,OPI 060 Illy- CR20171675 SPECIAL CONDITIONS NUMBER HIT 8 RUN CITY JUDICIAL DISTRICT LOCAL REPORT NUMBER INJURED FELONY 1 ❑ VERNON SE/NORTH CR20171675 NUMBER HIT&RUN COUNTY REPORTING DISTRICT BEAT DAY OF WEEK TOW AWAY KILLED MISDEMEANOR 0 ❑ LOS ANGELES 1973 2 S M T W m F S YES NO COLLISION OCCURRED ON MO. DAY YEAR TIME(2400) NCIC IIIOFFICER I.D. Z Q SOTO STREET 109-21-2017 106:08 1973 575 MILEPOST INFORMATION GPS COORDINATES PHOTOGRAPHS BY NONE V � OF LATITUDE LONGITUDE P. SWINFORD Q ❑ AT INTERSECTION WITH STATE HWY REL ❑ OR 12 ♦aWr^Vcw S OF 54TH STREET [YES Do PARTY DRIVERS LICENSE NUMBER STATE CLASS JAIR BAG ,SAFETY EOUIP. VEH.YEAR MAKE/IODEUCOLOR LICENSE NUMBER STATE 1 CA C M G 001 CHRY / TNC / WHITE j4SHD510--- ----------------/_WHI ---- ------ ------ RIVER NAME(FIRST,MIDDLE,LAST) I I ROBERT ORTEGA PALMA OWNERS NAME []SAME AS DRIVER EDES STREET ADDRESS RIAN ROBERT ORTEGA PALMA OWNER'S ADDRESS []SAME AS DRIVER ARKS CITY/STATE/ZIP VEHICLE tCA 90604- DISPOSITION OF VEHICLE ON ORDERS OF: ❑OFFICER❑DRIVER ❑OTHER CLST SEX HAIR 1EYESIHEIGHT WEIGHT Day Year 0 ROBERT O. PALMA 3475 M BLACK BROW 601 200 H PRIOR MECHANICAL DEFECTS: NONE APPARENT REFER TO NARRATIVE TIER HOMEPHONE BUSINESS PHONE VEHICLE IDENTIFICATION NUMBER 323-582-0671 VEHICLE TYPE rVEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER ❑NONE aINOR AUTOMOBILE CLUB 06 8 08 MAJOR OLL-OVER opi DIIRROELON STREET OR HIGHWAY 0 LIMIT CA DOT N SOTO STREET 35 MPH CAL-T TCP/PSC MCIMx PARTY DRIVER'S LICENSE NUMBER STATE CLASS AIRBAG ;SAFETY EQUIP VEH YEAR MAKE/MODEUCOLOR LICENSE NUMBER STATE 2 CA U RIVER NAME(FIRST,MIDDLE,LAST) I I Fl GLORIA E A TUN OWNER'S NAME []SAME AS DRIVER DES STREETADDRESS RIAN e OWNER'S ADDRESS ❑SAME AS DRIVER PARKED CITY/STATE/ZIP VEHICLE ❑ CA 90022- DISPOSITION OF VEHICLE ON ORDERS OF. ❑OFFICER❑DRIVER ❑OTHER BICY- SEX HAIR EYES HEIGHT WEIGHT RACE CLIST MO. Day Year F BLACK BROW 500 1124 lo IH PRIOR MECHANICAL DEFECTS NONE APPARENT REFER TO NARRATIVE OTHER HOME PHONE BUSINESS PHONE VEHICLE IDENTIFICATION NUMBER: VEHICLE TYPE DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER OINK. ❑NONE aINOR NA NA OD. - MAJOR - OLL-OVER ® I DIR TRAVEL TON'5TREET OR HIGHWAY SPEED LIMIT CA DOT TRAVELE O STREET 35 MPH CAL-T TCP/PSC MCIMx 4 ] PAR DRIVER'S LICENSE NUMBER STATE 1C71RBAG I SAFETY EQUIP. VEH.YEAR MAKE/MODEL/COLOR LICENSE NUMBER STATE -------/ / RIVER NAME(FIRST,MIDDLE,LAST) -- --- I -�----------- ------- - - "- -"-- OWNER'S NAME [:]SAME AS DRIVER PEDES- STREETADDRESS RIAN OWNER'S ADDRESS ❑SAME AS DRIVER ARKS CITY/STATE/ZIP EHICL ❑ DISPOSITION OF VEHICLE ON ORDERS OF ❑OFFICER❑DRIVER ❑OTHER BICY- SEX HAIR EYES HEIGHT WEIGHT RACE CLIST MO. Day Year ❑ PRIOR MECHANICAL DEFECTS: NONE APPARENT REFER TO NARRATIVE OTHER HOME PHONE BUSINESS PHONE VEHICLE IDENTIFICATION NUMBER: VEHICLE TYPE DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA INSURANCE CARRIER POLICY NUMBER O INK []NONE []MINOR Or10D_ MAJOR aOLL-OVER OIR OF ON STREET OR HIGHWAY SPEED LIMIT CA DOT © Ell TRAVEL CAL-T TCP/PSC MCtMX 4 -PREPARER'S NAME DISPATCH NOTIFIED REVIEWER'S NAME DATE REVIEWED OFFICER E. CERDA #575 IS YES NO N/A SGT. D. SANTOS #545 19/22/2017 6:28:11 An IntAMS IAnAllu ArrroAl►OA Anon— re, 1.-11— STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL TRAFFIC COLLISION CODING ._ CHIP 555 Page 2 SRev 4-11),OPI 060 CR20171675 DATE OF COLLISION(MO. DAY YEAR) TIME(2400) NCIC# OFFICER I.D. NUMBER 09-21-2017 06:08 1973 575 CR20171673 OWNERS NAME OWNERS'S ADDRESS NOTIFIED PROPERTY [aEs ao DAMAGE DESCRIPTION OF DAMAGE SEATING POSITION SAFETY EQUIPMENT AIR BAG INATTENTION CODES OCCUPANTS QHILD RESTRAINT B-UNKNOWN A-CELLPHONE HANDHELD A-NONE IN VEHICLE 0-kN VEHICLE USED L-AIR BAG DEPLOYED B-CELLPHONE HANDSFREE B-UNKNOWN R-IN VEHICLE NOT USED M-AIR BAG NOT DEPLOYED C-ELECTRONIC EQUIPMENT C-LAP BELT USED S-IN VEHICLE USE UNKNOWN N-OTHER 0-RADIO!C❑ PA D-LAP BELT NOT USED T-IN VEHICLE IMPROPER USE P-NOT REQUIRED E-SMOKING E-SHOULDER HARNESS USED U-NONE IN VEHICLE F-EATING 1 2 3 1-DRIVER F-SHOULDER HARNESS NOT USED EJECTED FROM VEHICLE G-CHILDREN ' 4 5 6 2 TO 6-PASSENGERS G-LAPISHOULDER HARNESS USED IC - T H-ANIMALS 7-STATION WAGON REAR H-LAP/SHOULDER HARNESS NOT USED DRIVER PASSENGER 0-NOT EJECTED I-PERSONAL HYGIENE 8-REAR OCC.TRK_OR VAN J-PASSIVE RESTRAINT USED V-NO X- 1-FULLY EJECTED J-READING T 9-POSITION UNKNOWN K-PASSIVE RESTRAINT NOT USED W-YES Y-YES 2-PARTIALLY EJECTED K-OTHER 0-OTHER P-NOT REQUIRED 3-UNKNOWN ITEMS MARKED BELOW FOLLOWED BY AN ASTERISK(`}SHOULD BE EXPLAINED IN THE NARRATIVE- PRIMARY COLLISION FACTOR TRAFFIC CONTROL DEVICES 1 2 SPECIAL INFORMATION 1 2 MOVEMENT PRECEDING FCOLLISION VC SECTION VIOLATED- CITE YEE A CONTROLS FUNCTIONING A HAZARDOUS MATERIAL A STOPPED 1 r A 21950 A C VC NO B CONTROLS NOT FUNCTIONING' B CELL PHONE HANDHELD}N USE B PROCEEDING STRAIGHT B OTHER IMPROPER DRIVING" C_CONTROLS OBSCURED C CELL PHONE HANDSFREE IN USE C RAN OFF ROAD D NO CONTROLS PRESENT 1 FACTOR- D CELL PHONE NOT IN USE D MAKING RIGHT TURN C OTHER THAN DRIVER TYPE OF COLLISION E SCHOOL BUS RELATED E MAKING LEFT TURN D UNKNOWN' A HEAD-ON F 75 FT MOTORTRUCK COMBO F MAKING U TURN B SIDE SWIPE G 32 TRAILER COMBO G BACKING C REAR END H H SLOWING 1 STOPPING WEATHER fPA4RK i TO2 ITEMS) D BROADSIDE l I PASSING OTHER VEHICLE A CLEAR E HIT OBJECT J J CHANGING LANES B CLOUDY F OVERTURNED I K K PARKING MANEUVER C RAINING F' G VEHICLE 1 PEDESTRIAN I 1L L ENTERING TRAFFIC D SNOWING H OTHER- M M OTHER UNSAFE TURNING E FOG I VISIBILITY FT N N XING INTO OPPOSING LANE F OTHER': MOTOR VEHICLE INVOLVED WITH O O PARKED G W)NO A NON-COLLIS*N P MERGING LIGHTING 'x; B PEDESTRIAN Q TRAVELING WRONG WAY .<A DAYLIGHT C OTHER MOTOR VEHICLE OTHER ASSOCIATED FACTORS) R OTHER WALKING B DUSK-DAWN D MOTOR VEHICLE ON OTHER ROADWAY 1 (MARK i TO 217'EMS) C DARK-STREET LIGHTS E PARKED MOTOR VEHICLE VC SECTION VIOLATION.CITEYES D DARK-NO STREET LIGHTS F TRAIN A NO E DARK-STREET LIGHTS NOT G BICYCLE VC SECTION VIOLATION:CITE rES FUNCTIONING' H ANIMAL. B NO SOBRIETY-DRUG ROADWAY SURFACE VC SECTION VIOLATION CITE YES PHYSICAL .K A DRY I FIXED OBJECT C ND 1 2 (MARK 1 TO 21T1=MS) B WET D A HAD NOT BEEN DRINKING C SNOWY-ICY J OTHER OBJECT E VISION OBSCUREMENT: B HBO-JNOER INFLUENCE D SLIPPERY(MUDDY,OILY,ETC.) F INATTENTION- C HBO-NOT UNDER INFLUENCE' ROADWAY CONDMONIS) G STOP&GO TRAFFIC D HBD-IMPAIRMENT UNKNOWN' (MARK 1 TO 21TEMS) PEDESTRIAN'S ACTIONS H ENTERING;LEAVING RAMP E UNDER DRUG INFLUENCE- A HOLES,DEEP RUT' A NO PEDESTRIANS INVOLVED I PREVIOUS COLLISION F IMPAIRMENT-PHYSICAL- 8 LOOSE MATERIAL ON ROADWAY' B CROSSING IN CROSSWALK J UNFAMILIAR WITH ROAD G IMPAIRMENT NOT KNOWN C OBSTRUCTION ON ROADWAY' AT INTERSECTION K DEFECTIVE VFH.EQUIP.CITEC H NOT APPLICABLE D CONSTRUCTION-REPAIR ZONE C CROSSING IN CROSSWALK-NOT vES I SLEEPY,FATIGUED' E REDUCED ROADWAY WIDTH AT INTERSECTION a NO F FLOODED- D CROSSING-NOT IN CROSSWALK I L UNINVOLVED VEHICLE G OTHER' JE INROAD-INCLUDES SHOULDER M OTHER-1 2 H NO UNUSUAL CONDITIONS I F NOT IN ROAD N NONE APPARENT G APPROACHING/LEAVING SCHOOL BUS 10 RUNAWAY VEHICLE SKETCH J-1 MISCELLANEOUS �G#>Z NORM An Internationally Accredited Agency CRp555_0411 onL STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL INJURED /WITNESS / PASSEN __RS _ CHP 555 Page 3(Rev.4-11),OPI 060 CR20171675 DATE OF COLLISION(MO DAY YEAR) TIME(2400) NCIC# OFFICER I I D NUMBER 09-21-2017 06:08 1973 575 CR20171675 WITNESS PASSENGER PARTY SEAT AIR SAFETY ONLY ONLY AGE SEX EXTENT OF INJURY("X"ONE) INJURED WAS("X"ONE) KAWEER POS. BAG EQUIP. EJECTED FATAL SEVERE OTHER VISIBLE COMPLAINT DRIVER PASS. PED. OTHER ❑ INJURY INJURY INJURY OF PAIN# 1 �� F ❑ o ❑ El ❑ ❑ El �CYCLISJ ❑ ❑ NAME/D.0.8/ADDRESS TELEPHONE GLORIA E AJTUN 2- (INJURED ONLY)TRANSPORTED BY. TAKEN TO RA78 USC MEDICAL DESCRIBE INJURIES POSSIBLE FRACTURE LEFT KNEE, LACERATION FOREHEAD, MISC CUTS FIVICTIM OF VIOLENT CRIME NOTIFIED # 1 ❑ 27 1 M ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ NAME I D.O.8.I ADDRESS TELEPHONE CALEB AARON SIMS �� 378 (INJURED ONLY)TRANSPORTED BY TAKEN TO DESCRIBE INJURIES ICTIM OF VIOLENT CRIME NOTIFIED ❑# ❑ ❑ ❑ ❑ ❑ 1010111101011 NAME f D 0.8.!ADDRESS TELEPHONE (INJURED ONLY)TRANSPORTED BY TAKEN TO DESCRIBE INJURIES ICTIM OF VIOLENT CRIME NOTIFIED ❑# ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ NAME I D.O.B.f ADDRESS TELEPHONE (INJURED ONLY)TRANSPORTED BY TAKEN TO DESCRIBE INJURIES ICTIM OF VIOLENT CRIME NOTIFIED ❑# ❑ ❑ ❑ ❑ u u 1 L7 iJ ❑ ❑ F---- NAME/D.O.B./ADDRESS TELEPHON (INJURED ONLY)TRANSPORTED BY TAKEN TO DESCRIBE INJURIES ICTIM OF VIOLENT CRIME NOTIFIED ❑# ❑ ❑ ❑ ❑ ❑ 1010101 ❑ ❑ NAME 1 O.O.B./ADDRESS TELEPHONE (INJURED ONLY)TRANSPORTED BY. TAKEN TO: DESCRIBE INJURIES ElVi ICTIM OF VIOLENT CRIME NOTIFIED PREPARER'S NAME D NUMBER MO DAY YEAR REVIEWER'S NAME MO DAY YEAR E. CERDA #575 9/21/2017 SGT. D. SANTOS #545 19/22/2017 An Internationally Accredited Agency Chp555_0411 pdf DATC O. C0ly1S-0N ` -I-% t2.9Y) NCIC u.se. SCE• Mo 6Q DAr 21 Yq. t f ��10o '# l �-1- ,�T5 C2i"t--tt�'1 ALL.MEASUREMENTS ARE APPROAtM.&TE AND NOT TO SCALE UNLESS STATED 1SCALE - UT �NOIC ATE NOq TN t I I S�{za S T. rJ- ao lg AoZ *-1 jja�D� v l ? � l r } o w pv i�.0, NyMaGw ) MO. OFv rp, IgEv�tw`:w'S NAME ( MO. DAr rw. NE . L'PMIA S7 S ! C1 CHP 555—Page 4 (Rev tt-85) OPI 042 DATE OF COLLIS.On TIME �i�o0) NCIC NV MYEw ,CEw ,.0, NUMe[R ocl 2.1 TR ►1 4 083 lP-1a -twl5 ALL MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED (SCALE IMpIG ATQ / I NORTH . D-t O ao I- I 'a. I v � r s ! _ DRAWN 0Y 1.0. NyM YEA Mp. OAS' •A.y�A[VI[W\R'S NAM[ � MO OAY rq E. CEQg� 576s� Gl-2l 4-1 CHP 555—Page 4 (Rev II-85) OPI 042 Page 1 of Agency: Vernon Police Departm 'Location Officer IDIName: 5751 CERDA, EUGENIO IJ>irv`iV Number: CR20171675 Date: 9/21/2017 10-50:06PM Case Number: 0 Narrative Title: TRAFFIC COLLISION REPORT NOTIFICATION: On 09/21/2017 at approximately 0610 hours, Officer G Herrera was dispatched to an injury traffic collision at the intersection of Soto Street and 54th Street. Officer Herrera activated his overhead lights and siren, responding Code-3 from 4800 Pacific Boulevard, arriving on scene at approximately 0611 hours. I responded from Boyle Avenue/ Slauson Avenue and arrived shortly thereafter. All speeds and measurements are approximate. The measurements were taken with a rolatape. SCENE: This collision occurred near the T-Intersection of Soto Street and 54th Street. The intersection has raised concrete curbs/sidewalks. There is a painted pedestrian crosswalk on Soto Street, south of 54th Street that allows pedestrian traffic to cross onto the west or east side of Soto Street. Soto Street is an asphalt paved City Street with two northbound and two southbound lanes. The northbound and the southbound lanes are divided by a painted solid double yellow line north of the intersection and a painted two-way left turn lane south of the intersection. The lanes that run in the same direction of travel are divided by painted broken white lines. There is a left turn lane for southbound traffic on Soto Street to turn onto eastbound 54th Street. 54th Street is an asphalt paved City Street with one eastbound and one westbound lane. The eastbound and westbound lanes are divided by a painted solid yellow lines. There is a stop sign and painted limit line For westbound traffic on 54th Street at Soto Street. PARTIES: D-1 (Palma) was standing on the east sidewalk of Soto Street, north of 54th Street when I arrived. D-1 identified himself with a valid California Driver License as Robert Ortega Palma (CDL#N7703475). D-1 was determined to be the driver of V-1 by the statements of WA the evidence at the scene and by D-1's own admission D-1 said he did not sustain any injuries as a result of this traffic collision V-1 (Chrys(erlTown&CountryvanMlhite)was stopped along the east curb of Soto Street, north of 54th Street. V-1 sustained minor to no damage to the front end of the vehicle The minor damage was in the form of a bent antenna. Pedestrian-1 (Ajtun)was laying in the#1 northbound lane of Soto Street, approximately 48-feet north of the crosswalk. Pedestrian-1 identified herself with a California Identification as Gloria E. Ajtun (CDL#A8576731). Pedestrian-1 (Ajtun) sustained a possible broken knee, laceration to her forehead, miscellaneous scrapes, cuts and scratches as a result of the collision. W-1 (Sims)was stopped in the#1 southbound lane of Soto Street during the time of the collision. W-1 identified himself with a valid Tennessee Driver License as Caleb Aaron Sims (TDL#115207997). OTHER FACTUAL INFORMATION: The Vernon Fire Department was already on scene when 1 arrived. Vernon RA78 paramedics Schauster and Sudduth provided medical attention to Pedestrian-1 at the scene. She was subsequently transported to USC Medical Center for her injuries Officer G. Herrera and Officer P. Swinford arrived to assist. Officer Herrera obtained the personal information and a statement from Pedestrian-1. Officer Swinford obtained the personal information and a statement from W-1. STATEMENTS: D-1 (Palma) said he was traveling northbound in the#1 northbound lane of Soto Street at approximately 35 MPH. D-1 said he did not see anyone in the crosswalk as he approached 54th Street. D-1 said as he was about to drive past the crosswalk, he saw 5-6 people in the crosswalk. D-1 said he swerved to the left to avoid a collision, but hit Pedestrian-1. D-1 said he then pulled over toward the curb. D-1 said he did not know if Pedestrian-1 was Flung after the initial contact or if he had carried her on the hood of V-1. D-1 said there were no mechanical problems with V-1. Pedestrian-1 (Ajtun) said she exited the bus on Soto Street and proceeded to the crosswalk. Pedestrian-1 said she crossed the street in the crosswalk and saw V-1 traveling northbound Soto Street. Pedestrian-1 saw V-1 was not stopping, so she turned around in the crosswalk away from V-1. Pedestrian-1 said she was then hit and did not remember anything after she was hit. W-1 (Sims) said he was southbound in the#1 southbound lane of Soto Street, approaching 54th Street. W-1 said he came to a stop for pedestrian traffic crossing eastbound in the crosswalk (approximately 5 to 7 pedestrians). W 1 said he saw V-1 northbound in the#2 northbound lane of Soto Street. W-1 saw the group of pedestrians crossing the street scatter, V-1 Page 2 of< Agency: Vernon Police Departm Location Officer ID/Name: 5751 CERDA, EUGENIO DmV Number: CR20171675 Date: 9/21/2017 10:50:06PM Case Number: 0 NarrativeTitle: TRAFFIC COLLISION REPORT swerved into the#1 northbound lane hitting pedestrian-1, Pedestrian-1 fell onto the street and V-1 continued northbound Soto Street and stopped in the#2 northbound lane of Soto Street, north of the intersection. W-1 said he then called 9-1-1 OPINION AND CONCLUSION SUMMARY: V-1 was traveling northbound at approximately 35 MPH, approaching 54th Street, in the#1 northbound lane of Soto Street. Pedestrian traffic was crossing eastbound in the Soto Street crosswalk at 54th Street D-1 swerved toward his left to avoid the pedestrians and subsequently hit Pedestrian-1. Pedestrain-1 was either thrown approximately 48-feet north of the crosswalk or was carried 48-feet north of the crosswalk on the hood of V-1 and came to rest in the#1 northbound lane of Soto Street. After the collision V-1 pulled over along the east curb of Soto Street, north of 54th Street. AREA OF IMPACT: The Area of Impact was determined by the statements of D-1, Pedestrian-1, W-1 and the evidence at the scene. A.0.1_ #1 is 19-feet west of the east curt} line of Soto Street and 12-feet south of the south curb line of 54th Street. CAUSE: The cause of the collision was determined by the statements of D-1, Pedestrian-1, W-1 and the evidence at the scene. 0-1 caused this collision by being in violation of vehicle code section 21950(a) CVC -The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter_ RECOMMENDATIONS: None Submitted by: Officer E. Cerda#575 Reviewed by: Sgt. D. Santos#545 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, MARCH 6, 2018, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Woodruff-Perez, Davis, Martinez and Lopez MEMBERS ABSENT: None The meeting was called to order at 9:00 a.m. by Mayor Ybarra; Councilmember Davis led the flag salute. CHANGES TO THE AGENDA Deputy City Clerk Matthew Ceballos announced there were no changes to the agenda. PUBLIC COMMENT Mayor Ybarra announced that this was the time allotted for public comment, and inquired whether anyone in the audience wished to address the City Council. The public will also be given an opportunity to comment on matters on the posted agenda during Council deliberation. Antonio Chapa,District Director for the Office of First District Supervisor Hilda Solis,introduced new office staff and spoke about upcoming events and a desire to coordinate with the City. PRESENTATIONS 1. Life-Savings Award Presented by: Anthony Miranda, Police Chief Police Chief Anthony Miranda provided the Life-Savings awards to Police Sargent Jerry Chavez, Police Officer Maria Madrigal and Police Officer Fernando Valenzuela. Councilmember Lopez joined the meeting at 9:03 a.m. Vladimir Levis spoke about his experience and thanked the awardees for saving his life. CONSENT CALENDAR No public comment was provided. It was moved by Woodruff-Perez and seconded by Davis to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes Claims Against the City—Received and Filed 2. None Minutes—To be Received and Filed 3. Minutes of the Regular City Council Meeting held February 20, 2018 Warrant Registers Regular City Council Meeting Minutes March 6, 2018 4. Approval of City Warrant Register No. 1489, totaling $1,177,396.16, which covers the period of February 13 through February 26, 2018, and consists of the following: A. Ratification of wire transfers totaling $867,607.77; and B. Ratification of the issuance of early checks totaling $292,055.76; and C. Authorization to issue pending checks totaling $17,732.63 D. Voided check No. 357023 totaling $40,000.00. 5. Approval of Light&Power Warrant Register No.454,totaling$7,460,450.28,which covers the period of February 13 through February 26, 2018, and consists of the following: A. Ratification of wire transfers totaling $7,343,757.07; and B. Ratification of the issuance of early checks totaling $116,693.21 6. Approval of Gas Warrant Register No.242,totaling$1,959,443.10,which covers the period of February 13 through February 26, 2018, and consists of the following: A. Ratification of wire transfers totaling $1,926,585.83; and B. Ratification of the issuance of early checks totaling $32,857.27. 7. Approval of RDA Obligation Retirement Fund Warrant Register No. 42, totaling $3,930.00, which covers the period of February 13 through February 26, 2018, and consists of the following: A. Ratification of wire transfers totaling $3,930.00. City Administration Department 8. City Administrator Determination of Consultants Required to File Annual Statements of Economic Interests (Form 700) for Calendar Year 2017 Recommendation: A. Receive and file the attached report entitled "Consultants Required to File Statements of Economic Interests(Form 700)Under the Vernon Conflict of Interest Code for Calendar Year 2017" in accordance with the requirements of the California Political Reform Act and the Master Conflict of Interest Code for the City of Vernon and all City of Vernon agencies,boards, and commissions. Police Department 9. Activity Log and Statistical Summary of Arrests and Activities for the period of February 1,through February 15, 2018, to be received and filed Public Utilities Department 10. Risk Assessment of Wildfire Caused by Overhead Electrical Lines and Equipment in Compliance with Senate Bill 1028: Wildfire Mitigation Plans (Hill, Chapter 598, Statutes of 2016) Recommendation: A. Find that approval of the proposed action is exempt under the California Environmental Quality Act ("CEQA") review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment, Page 2 of 6 Regular City Council Meeting Minutes March 6, 2018 and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Determine that Vernon Public Utilities(VPU)electric service territory is not at risk of catastrophic wildfire resulting from VPU electrical lines and equipment, consistent with the assessment performed by the Vernon Fire Department. Public Works Department 11. Sub-Recipient Agreement for the Purpose of the Proposition 1 Storm Water Agreement Recommendation: A. Find that approval of the Sub-Recipient Agreement proposed in this staff report is exempt under the California Environmental Quality Act("CEQA")because it is an administrative activity that will not affect the environment and therefore is not a "project" as defined in CEQA Guidelines section 15378, and to the extent approving the Sub-Recipient Agreement can be deemed a "project," it is part and parcel of the larger project of designing and constructing the infiltration cistern, for which the City of Bell Gardens has obligated itself to be the "Lead Agency," as defined in CEQA Guidelines section 15367, pursuant to section 1.6 of the Sub- Recipient Agreement; and B. Approve the Sub-recipient Agreement between the City of Vernon the cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood (hereinafter referred to as "Sub-recipients"), and the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority("GWMA") for the purposes of the Proposition 1 Storm Water Agreement for the implementation John Anson Ford Park Infiltration Cistern, Phase I ("Project"). The City of Vernon's proportional share of Local Match funds for the implementation of the Project is $212,743.82 including GWMA's administration fee. The term of the Sub- Recipient Agreement commences the date on which the final Sub-Recipient duly executes the Sub-Recipient Agreement and shall continue through the date of filing the notice of completion plus 20 years for maintenance; C. Authorize the City Administrator to execute the Sub-recipient Agreement on behalf of the City of Vernon. NEW BUSINESS Public Utilities 12. Resolution No. 2018-07 - A Resolution of the City Council of the City of Vernon amending Natural Gas Rate Schedule No. G-2 for gas distributed and supplied by the City within its boundaries Recommendation: A. Find that approval of the proposed action is exempt under the California Environmental Quality Act ("CEQA") review, because it is a governmental fiscal activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Adopt a Resolution Amending Natural Gas Rate Schedule G-2 for Gas Distributed and Supplied by the City within its Boundaries. General Manager Kelly Nguyen reported on the proposed. No public comment was provided. Page 3 of 6 Regular City Council Meeting Minutes March 6, 2018 It was moved by Woodruff-Perez and seconded by Martinez to adopt Resolution No. 2018-07. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes 13. Award of an Engagement Letter Agreement to Morgan, Lewis & Bockius, LLP for Legal Counsel Asset Acquisition Services Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act("CEQA")review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Approve an Engagement Letter Agreement with Morgan, Lewis & Bockius, LLP for Legal Counsel Asset Acquisition Services, for an estimated amount of approximately$450,000 and for a term not to exceed three years; and C. Authorize the City Administrator to execute an Engagement Letter Agreement, in substantially the same form as submitted herewith,with Morgan,Lewis&Bockius, LLP General Manager Nguyen reported on the proposed. No public comment was provided. It was moved by Davis and seconded by Martinez to approve an Engagement Letter Agreement with Morgan, Lewis & Bockius, LLP for Legal Counsel Asset Acquisition Services, for an estimated amount of approximately $450,000 and for a term not to exceed three years and Authorize the City Administrator to execute an Engagement Letter Agreement with Morgan, Lewis & Bockius, LLP. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes Public Works 14. Resolution No. 2018-08 - A Resolution of the City Council of the City of Vernon authorizing the City Administrator to execute a Restricted Grant Agreement with the State of California,acting by and through the Department of Transportation,to accept an FY 2017-18 Caltrans Sustainable Transportation Planning Grant for the preparation of the Vernon LA River Path Active Transportation Access Plan (LA RIVER ATAP) Recommendation: A. Find that the acceptance of the Caltrans Sustainable Transportation Planning Grant is categorically exempt under the California Environmental Quality Act("CEQA") in accordance with Section 15306, because grant funds would be used solely for data collection, research, and preparation of a study/plan, which will not result in a serious or major disturbance to any environmental resource and which will not commit the City to any project; and Page 4 of 6 Regular City Council Meeting Minutes March 6, 2018 B. Adopt a resolution accepting the Caltrans Sustainable Transportation Planning Grant for the preparation of the Vernon LA River Path Active Transportation Access Plan (LA RIVER ATAP) and authorizing the City Administrator to enter into a Restricted Grant Agreement with Caltrans for the grant amount of$210,800. Public Works Director Daniel Wall reported on the proposed. No public comment was provided. It was moved by Martinez and seconded by Woodruff-Perez to adopt Resolution No. 2018-07. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes 15. Contract Award for City Contract No. CS-0849: Remodel of 4321 & 4325 Furlong Place Recommendation: A. Find that the proposed Capital Improvement Project is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301,Existing Facilities,part(a),because the project is merely to make interior or exterior alterations involving partitions,plumbing,and electrical conveyances; and B. Accept the bid of Song N Sons General Construction, Inc. as the lowest responsive and responsible bidder for the renovation of two City-owned single family units located at 4321 Furlong Place and 4325 Furlong Place and reject all other bids; and C. Approve and authorize the City Administrator to execute a contract(No. CS-0849) in the amount of$262,580 for the renovation of two City-owned single family units for a period not to exceed 120 calendar days; and D. Authorize a contingency of $30,000 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, if necessary. Director Wall reported on the proposed. Mayor Ybarra inquired about various improvement and alterations to the units. Director Wall responded with the technical information. No public comment was provided. It was moved by Davis and seconded by Martinez to approve the bid of Song N Sons General Construction, Inc. as the lowest responsive and responsible bidder for the renovation of two City- owned single family units located at 4321 Furlong Place and 4325 Furlong Place and reject all other bids, and approve and authorize the City Administrator to execute a contract(No. CS-0849) in the amount of$262,580 for the renovation of two City-owned single family units for a period not to exceed 120 calendar days, and authorize a contingency of $30,000 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, if necessary. Motion carried, 4-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Page 5 of 6 Regular City Council Meeting Minutes March 6, 2018 Martinez: Yes Lopez: Abstained ORAL REPORTS 16. City Administrator Reports—brief reports on activities and other brief announcements. City Administrator Carlos Fandino reported on the following: Fire Department Class One designation evaluation by the Insurance Services Office; ongoing Fire training; a March 1st Ca1PERS pension reform meeting; the upcoming Vernon Housing Commission meeting on March 141h; ongoing 2018/2019 Budget Planning; and City Hall security measures. Police Chief Miranda provided a brief summary of the ongoing evaluation of City Hall security measures. A dialogue ensued between the City Council and staff regarding the elements and details of the security measures. City Administrator Fandino continued his reports on the following: The City's Spring Egg- stravaganza on March 22"d 17. City Council Reports—brief AB 1234 reports, or report on: activities, announcements, or directives to staff. Prior to entering into closed session Senior Deputy City Attorney Brian Byun announced the known facts and circumstances of one of the cases in closed session, being that it involves an environmental investigation and clean-up of a hazardous waste landfill in West Covina. At 9:31 a.m., the City Council entered into closed session to discuss the following agendized items: CLOSED SESSION 18. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of potential cases: 4 At 10:14 a.m. the City Council exited closed session. Senior Deputy City Attorney Brian Byun reported that 4 items were discussed and that no reportable action was taken. With no further business, at 10:14 a.m., Mayor Ybarra adjourned the meeting. Melissa Ybarra Mayor ATTEST: Maria E. Ayala City Clerk Page 6 of 6 MAR 13 2^13 MAR � ; . !8 °��*��` CITYADMIMSTRAT10N CITYCLEhK',) U,i;QE STAFF REPORT FINANCE/TREASURY DEPARTMENT DATE: March 13, 2018 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director VJ RE: Ratification of the City Warrant Registers for City Council Agenda of March 20, 2018 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 March 20, 2018. 1. City Warrant Register No. 1487 to record voided Check No. 356771 in the amount of $1,500.00 issued 01/23/18 to HSA Bank. PAVJMLE THROW- VAT VNUT••M ,bTW1 •3oppmcm".&"no4 aao .R City of Vernon t4UMME,CA HT31 4305 Santa Fe Ave y Vernon,CA90058 VENaORF DATE CHECK.AMOUNT (323)583-8811 004239 I01123/2018 356771 "1500-00 € PAY One Thousand Five Hundred Dollars and No Cents PAY HSA BANK TO THE P.O. BOX 939 ORDER SHEBOYGAN, WI 53082-0939 v OF ... ._.r ii1035644iii1 1: 3220 ?038W 80362483ae PLEASE DETACH BEFORE DEPOSITING MY OF VERNON ACCOUNTS PAYABLE CHECK NO.356771 INVOICE NUMBER DATE OEBCRiPTION P O NUMBER DISCOUNT AAAOUNT 011018 01110M18 EMPLOYER CONTRIBUTION 01101118- 0.00 1.500.00 W� t0l 011ob f 19 Uo1D 0 Df�3� one k 0� al I 3,�• V O 1.500.00 Comments: �t11•ii T ' p eE CO L! E a'Y/ MAR 13 2013 MAR 15 2018 STAFF REPORT CITY CLERK'S OFFICE CITY ADMINISTRATION FINANCE/TREASURY DEPARTMENT 3..r�-� DATE: March 13, 2018 TO: Honorable Mayor and City Councilor o FROM: William Fox, Finance Director �0 / RE: City Warrant Register for City Council Agenda of March 20, 2018 It is recommended that the attached City Warrant Register No. 1490 be approved at the City Council meeting of March 20, 2018. City Warrant Register No. 1490 totals $1,052,620.49, and covers claims and demands presented during the period of February 27 through March 12, 2018, drawn, or to be drawn, from East West Bank. The following list details the components of City Warrant Register No. 1490: 1. Ratification of wire transfers totaling $604,256.01; 2. Ratification of the issuance of early checks totaling $361,626.85; and 3. Authorization to issue pending checks totaling $86,737.63. V ai4i r�• CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20,2018 t,Lt iM 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:3/13/2018 10:12:35AM Page 2 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT BENEFIT ASSOCIATION VERNON 011.210250 1,861.73 Police Association Member Dues: Ben204850 1698 POL Payment 03/01/2018 1,861.73 IBEW LOCAL 47 011.210250 3,474.08 IBEW Dues: Payment Ben204852 1899 03/01/2018 3,474.08 VERNON FIREMENS ASSOCIATION 011.210250 3,354.00 Fire House Fund: Payment Ben204856 1900 03/01/2018 3,354.00 ICMA RETIREMENT TRUST 457 011.210220 41,857.68 Deferred Compensation: Payment Ben204844 1901 03/0 1/2018 41,857.68 CITY OF VERNON, FSA ACCOUNT 011.100013 620.45 FSA- Dependent: Payment Ben204848 1902 011.100013 186.53 FSA- Medical: Payment Ben204848 1902 03/01/2018 806.98 CALIPERS 011.210240 243,716.39 PERS Contributions: Payment Ben204846 1903 011.210240 239.01 PERS Survivor's Benefil: Payment Ben204846 1903 011.210240 308.85 PERS Buy-back: Payment Ben204846 1903 011.9019.502020 21.06 PERS Contribution: PEPRA Premium Ben204846 1903 011.1015.530034 -0.26 PERS Contributions: Rounding Ben204846 1903 Adjustment 03/01/2018 244,285.05 STATE DISBURSEMENT UNIT 011.210260 2,616.91 Child Support: Payment Ben204854 1904 03/02/2018 2,616.91 CALIPERS 011.1033.502020 2.34 RBF: M_ Hansen 100000015182492 1905 Printed:3/13/2018 10:12:35AM Page 3 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 02/28/2018 2.34 DAVID LEDUFF 011.1060.596500 37.06 So Cal CUPA Meeting 021518 1906 03/01/2018 37.06 SUEZ WTS SERVICES USA, INC. 011.1033.590000 90.28 Water Purification Services 99146072 1907 011.1033.590000 99.04 Water Purification Services 99146073 1907 011.1033.590000 90.28 Water Purification Services 99146948 1907 011.1033.590000 56.94 Water Purification Services 99164115 1907 011.1033.590000 113.88 Water Purification Services 99164243 1907 011.1033.590000 56.94 Water Purification Services 99164244 1907 03/01/2018 507.36 ALFREDO CARDENAS 020.1084.502030 2,000.00 HSA Employer Contribution- 022718 1908 03/06/2018 2,000.00 CDW GOVERNMENT, INC. 011.9019.520010 1,677.09 APC Smart-UPS X 3000VA Rack/Tower LQM8173 011.0012917 1909 LCD 011.9019.520010 758.59 APC Smart-UPS X 120V External Battery LOM8173 011.0012917 1909 011.9019.520010 1,001.04 VisionTek Radeon HD 7750-graphics LOM8173 011.0012917 1909 011.9019.520010 326.49 Sales Tax 9.5% LQM8173 1909 011.9019.520010 228.93 Fluke Networks IntelliTone Pro 200 Kit LON2770 011.0012917 1909 011.9019.520010 21.75 Sales Tax 9.5% LON2770 1909 011.9019.520010 174.60 Cisco Small Business WAP371 -wireless LON3495 011.0012917 1909 011.9019.520010 16.59 Sales Tax 9.5% LON3495 1909 03/06/2018 4,205.08 Printed:3/13/2018 10 12:35AM Page 4 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20,2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT INSIGHT PUBLIC SECTOR, INC 011.4031.850000 36.44 Material No. CBLMS-F00200- 1100578266 011.0012894 1910 011.4031.850000 4,638.33 Material No. ARB-KIT-HD- 1100578266 011.0012894 1910 011.4031.850000 36.36 Freight 1100578266 011.0012894 1910 011.4031.850000 444.10 Sales Tax 9.5% 1100578266 1910 011.4031.850000 224.17 Material No. TGS-3DP-- 1100578408 011.0012894 1910 011.4031.850000 21.30 Sales Tax 9.5% 1100578408 1910 011.4031.850000 425.32 Material No. CF-SVCARB2EX2Y- 1100580336 011.0012894 1910 011.4031.850000 286.55 Material No. CF-SVCARB2AMA1Y- 1100580336 011.0012894 1910 03/06/2018 6,112.57 CLAUDIA LUNA 011.1016.596500 52.53 Reimb. CAPPO Per Diem Balance 022818 1911 03/06/2018 52.53 MARISELA MARTINEZ 011.1016.596500 52.54 Reimb. CAPPO Per Diem Balance 022818 1912 03/06/2018 52.54 CHRISTIAN MOSCOSO 011.114010 5,003.00 Advanced Disability Pension Payment 022118 1913 03/06/2018 5,003.00 WATER REPLENISHMENT 020.1084.500110 158,392.62 Groundwater Production&Assessment- 022118 1914 DISTRICT 03/08/2018 158,392.62 CENTRAL BASIN MWD 020.1084.500130 107,421.00 Potable Water Breakdown VERJANI8 1915 020.1085.500130 20,128.57 Potable Water Breakdown VERJANI8 1915 03/09/2018 127,549.57 OFFICE DEPOT 011.1033.520000 156.09 Order No. 998427326001 100782714001 011.0012893 1916 Printed:3/13/2018 10:12:35AM Page 5 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20,2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT OFFICE DEPOT 011.1033.520000 14.83 Sales Tax 9.5% 100782714001 1916 011.1033.520000 11.99 Order No. 998427326001 100782791001 011.0012893 1916 011.1033.520000 1.14 Sales Tax 9.5% 100782791001 1916 011.1033.520000 82.99 Order No. 998427326001 998427325001 011.0012893 1916 011,1033,520000 29.99 Freight 998427325001 011.0012893 1916 011.1033.520000 7.88 Sales Tax 9.5% 998427325001 1916 011,1033.520000 32.89 Order No. 998427326001 998427326001 011.0012893 1916 011.1033.520000 3.12 Sales Tax 9.5% 998427326001 1916 03/01/2018 3,1 0.9 2 OFFICE DEPOT 011.1033.520000 57.39 Order No. 103328586001 103325440001 011.0012914 1917 011.1033.520000 5.45 Sales Tax 9.5% 103325440001 1917 011.1033.520000 43.96 Order No. 103328586001 103328585001 011.0012914 1917 011.1033.520000 4.18 Sales Tax 9.5% 103328585001 1917 011.1033.520000 157.25 Order No. 103328586001 103328586001 011.0012914 1917 011.1033.520000 14.94 Sales Tax 9.5% 103328586001 1917 011,1033.520000 42.92 Order No. 103328586001 103328587001 011.0012914 1917 011.1033.520000 4.08 Sales Tax 9.5% 103328587001 1917 011.1004.520000 30.53 Order No. 109743381001 109739366001 011.0012968 1917 011.1004.520000 2.90 Sales Tax 9.5% 109739366001 1917 011.1004.520000 66.99 Order No. 109743381001 109743379001 011.0012968 1917 011.1004.520000 6.36 Sales Tax 9.5% 109743379001 1917 011.1004.520000 7.82 Order No. 109743381001 109743380001 011.0012968 1917 011.1004.520000 0.74 Sales Tax 9.5% 109743380001 1917 Pdnled:3113/2018 10:12:35AM Page 6 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT OFFICE DEPOT 011.1004.520000 10.78 Order No. 109743381001 109743381001 011.0012968 1917 011.1004.520000 1.02 Sales Tax 9.5% 109743381001 1917 03/12/2018 457.31 SO CAL EDISON 011.1043.560000 91.95 Period: 02/18 021418 1918 03/02/2018 91.95 THE GAS COMPANY 011.1048.560000 119.51 Period:01/18 021218(2) 1919 03/02/2018 119.51 THE GAS COMPANY 011.1033.560000 11.48 Period: 01/18 020918(2) 1920 011.1048.560000 31.76 Period: 01/18 020918(3) 1920 03/02/2018 43.24 THE GAS COMPANY 011.1033,560000 187.94 Period: 01/18 020918(4) 1921 011.1033.560000 174.02 Period: 01/18 020918(5) 1921 011.1033.560000 35.78 Period: 01/18 020918(6) 1921 011.1049.560000 394.88 Period: 01/18 021218(3) 1921 011.1049.560000 119.68 Period: 01/18 021218(4) 1921 011.1043.560000 59.84 Period: 01/18 021218(4) 1921 020.1084.560000 59.84 Period: 01/18 021218(4) 1921 03/02/201 B 1,031.98 TOTAL WIRES $ 604,256.01 Pnnied:3/13/2018 10:12:35AM Page 7 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CNS ENGINEERS, INC 011.2043.900000 28,952.28 Consulting Services For The Design Of 801740 011.0004903 357110 011,1043.900000 42,329.26 Change Order#6- 801740 011.0004903 357110 02/27/2018 71,281.54 DEWEY PEST CONTROL 011.1048.596200 60.00 Period: 01/18 11526843 357111 011.1048.596200 60.00 Period: 01/18 11526844 357111 011.1048.596200 100.00 Period: 01/18 11527038 357111 011.1048.596200 210.00 Period.01/18 11527039 357111 011.1049.590000 62.00 Period: 01/18 11541888 357111 011.1048.596200 40.00 Period: 01/18-03/18 11544672 357111 011.1049.590000 67.00 Period: 01/18 11545767 357111 011.1049.590000 42.00 Period: 01/18 11567918 357111 011.1048.596200 95.00 Period: 01/18 11574059 357111 02/27/2018 736.00 ECONOLITE SYSTEMS, INC. 011.1043,590000 5,862.66 Rolling Report 07/17 21283 357112 011.1043.590000 6,667.14 Furnish& Install 332 Cabinet 21341 357112 011.1043.590000 3,628.57 Rolling Report 08/17 21498 357112 011.1043.590000 3,007.54 Rolling Report 10/17 21839 357112 011.1043.590000 5,799.94 Wire Pull 21883 357112 011.1043.590000 3,707.62 Pole Knockdown 21988 357112 011.1043.590000 995.15 Knockdown Ped Pole 22337 357112 011.1043.590000 3,054.10 Preventative Maintenance 01/18 22379 357112 011.1043.590000 2,623.19 Rolling Report 01/18 22406 357112 Pnnted:3/13/2018 10:12 35AM Page 8 o1 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20,2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 02/27/2018 35,345.91 EMPIRE WEST CORPORATION 011.1046.520000 134.00 240794 1/4"X50' graco blue hose 46486 011.0012806 357113 011.1046.520000 48.00 240793 1/4"X25' graco blue hose 46486 011.0012806 357113 011.1046.520000 109.50 H42510 1/4"X10' graco blue hose 46486 011.0012806 357113 011,1046.590000 61.50 Freight 46486 011.0012806 357113 011.1046.520000 25.51 Sales Tax 8.75 46486 357113 02/27/2018 378.51 GUARANTEE RECORDS 011.1041.595200 666.64 Storage Services 353462 357114 MANAGEMENT, 02/27/2018 666.64 INC HAUL AWAY RUBBISH 011.1048.596200 67.50 Disposal& Recycling Services 81XO0637 357115 SERVICE 011.1049.596200 213.00 Disposal& Recycling Services 81XO0638 357115 011.1033.520000 67.50 Disposal& Recycling Services 81XO0639 357115 011,1033.520000 67.50 Disposal& Recycling Services 81 XO0640 357115 011.1033.520000 67.50 Disposal& Recycling Services 81X00641 357115 011.1033.520000 67.50 Disposal& Recycling Services 81XO0642 357115 011.1043.596200 676.75 Disposal& Recycling Services 81XO0645 357115 02/27/2018 1,227.25 MSW CONSULTANTS 011.1040.595200 13,963.75 Consulting Services 12/17 142 357116 02/27/2018 13,963.75 SANTA FE BUILDING 011.1049.590000 6,368.00 Janitorial Services 01/18 16653 357117 MAINTENANCE Pnnied:3/13/2018 10:12:35AM Page 9 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 EARLY CHECKS _ ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT SANTA FE BUILDING 011.1049.590000 191.77 Janitorial Services 01/18 16671 357117 MAINTENANCE 02/27/2018 6,559.77 SC FUELS 020.1084.520000 2,706.00 G-ST Oil ISO 32- 55 gallon drums, 1073681 IN 011.0012890 357118 020.1084.520000 75.00 Drum Deposit Fee. 1073681IN 011.0012890 357118 020.1084.520000 9.92 Fuel Surcharge, 1073681IN 011.0012890 357118 020.1084.520000 12.95 Regulatory Compliance Fee 1073681IN 011.0012890 357118 020.1084.520000 -45.00 Return Drum 1073681IN 011.0012890 357118 020.1084.520000 259.24 Sales Tax 9.5% 1073681 IN 357118 02/27/2018 3,018.11 RICHARD M. SNEDAKER 011.1043.900000 5,500.00 Boundary Survey 1710501 357119 02/27/2018 5,500.00 SO CAL LAND MAINTENANCE, INC 011.1049.590000 2,685.00 Maintenance Services 6710 357120 02/27/2018 2,685.00 SUPERIOR CT OF CAL OF LA 011.1031.594200 818.50 Parking Citations 08/17 022018 357121 011.1031.594200 1,999.00 Parking Citations 09/17 022018(2) 357121 011.1031.594200 2,037.00 Parking Citations 10/17 022018(3) 357121 011.1031.594200 4,030.50 Parking Citations 11/17 022018(4) 357121 011.1031.594200 1,738.00 Parking Citations 12/17 022018(5) 357121 011.1031.594200 1,054.50 Parking Citations 01/18 022018(6) 357121 02/27/2018 11,677.50 Printed:3/13/2018 10.12:35AM Page 10 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT PC US HEALTHWORKS MEDICAL 011.1026.597000 127.00 Medical Services 3252410CA 357122 GROU 011.1026.597000 219.00 Medical Services 3257288CA 357122 011.1026.597000 90.00 Medical Services 3260710CA 357122 011.1026.597000 90.00 Medical Services 3264268CA 357122 02/27/2018 526.00 WEST-LITE SUPPLY COMPANY, 011.1049.520000 138.00 MAXLITE.MLVT22D3635 101 56565C 011.0012919 357123 INC. VOLUMETRIC 011.1049.520000 9.50 Freight 56565C 011.0012919 357123 011.1049.520000 14.01 Sales Tax 9.5% 56565C 357123 02/27/2018 161.51 AT&T MOBILITY 011.9019.560010 45.00 Period: 01/09/18-02/08/18 83217648OX02162 357124 018 03/01/2018 45.00 BROADBAND LLC 057.1057.500173 4,250.00 Internet Access Services- IN0315201820037 057.0000053 357125 44 03/01/2018 4,250.00 CURRENT WHOLESALE ELECTRIC 011.1049.520000 19.56 Electrical& Hardware Supplies- 250669 011.0012496 357126 011.1049.520000 577.28 Electrical& Hardware Supplies 250843 011.0012496 357126 011.1049.520000 236.95 Electrical& Hardware Supplies- 250844 011.0012496 357126 011.1049.520000 207.28 Electrical& Hardware Supplies- 250872 011.0012496 357126 011.1049.520000 74.23 Electrical& Hardware Supplies- 251010 011.0012496 357126 011.1049.520000 60.52 Electrical& Hardware Supplies- 251045 011.0012496 357126 011.1049.520000 30.06 Electrical&Hardware Supplies- 251066 011.0012496 357126 Printed 3/13/2018 f0:12:35AM Page 11 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CURRENT WHOLESALE ELECTRIC 011.1049.520000 122.03 Electrical& Hardware Supplies- 251142 011.0012496 357126 011.1049.520000 12.81 Electrical& Hardware Supplies- 251143 011.0012496 357126 011.1049.520000 972.55 Electrical&Hardware Supplies- 251179 011.0012496 357126 011.1049.520000 242.16 Electrical& Hardware Supplies, 251180 011.0012496 357126 03/01/2018 2,555.43 D'ALESIO, INC. 011.2033.850000 750.00 Drop out exposed pick scabbard 6# 19774 011.0012883 357127 011.2033.850000 360.00 irons Scabbard/Sling. 2M5-0708 19774 011.0012883 357127 011.2033.850000 27.92 Freight 19774 011.0012883 357127 011.2033.850000 105.45 Sales Tax 9.5% 19774 357127 03/01/2018 1,243.37 IGNACIO ESTRADA III 011.1031.596500 16.90 Tactical Combat Casualty Care 022118 357128 03/01/2018 16.90 FRANCHISE TAX BOARD 011.210260 955.22 Garnishment: Payment Ben204838 357129 03/01/2018 955.22 GARVEY EQUIPMENT COMPANY 011.2033,850000 1,698.00 Product#: MS461 R-20- 108524 011.0012877 357130 011.2033.850000 161.31 Sales Tax 9.5% 108524 357130 03/01/2018 1.859.31 GUSTAVO HERRERA 011.1031.596500 32.46 Arrest&Control/Tactical 022818 357131 011.1031.596700 9.20 Arrest&Control/Tactical 022818 357131 03101/2018 41.66 IRON MOUNTAIN 011.9019.560010 191.46 Storage Services 201522396 357132 Prinled:3/13/2018 10:12:35AM Page 12 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 03/01/2018 191.46 JAS PACIFIC 011.1041.595200 440.00 Professional Services B112802 357133 03/01/2018 440.00 JCL TRAFFIC SERVICES 011.120010 4,475.00 2998-515 Red Curb Bright Ennis-Flint 93930 011.0012910 357134 011.120010 40.00 Freight 93930 011.0012910 357134 011.120010 428.93 Sales Tax 9.5% 93930 357134 03/01/2018 4,943.93 JERRY'S AUTO BODY, INC. 011.1046.520000 595.00 Paint 8 materials 30970 011.0012803 357135 011.1046.520000 919.36 OEM parts 30970 011.0012803 357135 011.1046.520000 375.00 Used parts 30970 011.0012803 357135 011.1046-590000 1,300.80 Replace front seat belts,windshield 30970 011.0012803 357135 011.1046.520000 179.49 Sales Tax 9.5% 30970 357135 03/01/2018 3,369.65 LA POOL GUYS 011.1049.590000 194.00 Pool Maintenance 43100 357136 03/01/2018 194.00 A P.C. LEVITON LAW GROUP 011.1048.596200 175.00 Professional Services 01/18 6579 357137 03/01/2018 175.00 MAYWOOD CAR WASH 011.1041.570000 9.50 Car Wash Service- 978 011.0012521 357138 011.1043.570000 19.00 Car Wash Service- 978 011.0012521 357138 020.1084.570000 9.50 Car Wash Service- 978 011.0012521 357138 03/01/2018 38.00 Prinled:3/13/2018 10 12:35AM Page 13 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT INC MELVYN GREEN& 011.1041.595200 8,904.74 Plan Check Services 12117 14028 357139 ASSOCIATES 03/01/2018 8,904.74 INC MOTOROLA SOLUTIONS 011.1036.850000 4,593.16 Product#: H91TGD9PW7AN- 13191225 011.0012761 357140 011.1036.850000 375.95 Q806CB- 13191225 011.0012761 357140 011.1036.850000 213.00 0887AY- 13191225 011.0012761 357140 011.1036.850000 583.27 Q15AJ- 13191225 011.0012761 357140 011.1036.850000 18.25 QA0127AG- 13191225 011.0012761 357140 011.1036.850000 800.00 QA02006AC- 13191225 011.0012761 357140 011.1036.850000 1,095.00 H38BS-- 13191225 011.0012761 357140 011.1036.850000 219.00 Q361 AN- 13191225 011.0012761 357140 011.1036.850000 328.50 QA00580AA- 13191225 011.0012761 357140 011.1036.850000 109.50 QA01843AC- 13191225 011.0012761 357140 011.1036.850000 240.90 H869BW- 13191225 011.0012761 357140 011.1036.850000 109.50 053AF- 13191225 011.0012761 357140 011.1036.850000 219.00 QA09001AB- 13191225 011.0012761 357140 011.1036.850000 825.76 Sales Tax 9.5% 13191225 357140 03/01/2018 9,730.79 GROSS& LEONI LLP NIELSEN, 011.1002.596200 923.00 Professional Services 01/18 20118 357141 ME 03/01/2018 923.00 CARLOS OURIQUE 011.1031.596500 32.46 Arrest& Control/Tactical 022818 357142 011.1031.596700 9.20 Arrest& Control/Tactical 022818 357142 Printed:3/13/2018 10:12:35AM Page 14 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 03/01/2018 41.66 PROFORMA EXPRESS GRAPHICS 011.1015.520000 96.60 W2 Envelopes, 4UP item#9991- 9015602140 011,0012886 357143 011.1015.520000 9.18 Sales Tax 9.5% 9015602140 357143 03/01/2018 105.78 JOSE REYNA 011.1031.596500 32.46 Arrest&Control/Tactical 022818 357144 011.1031.596700 9.20 Arrest& Control/Tactical 022818 357144 03/01/2018 41.66 FERNANDO RODRIGUEZ 011.1031.596500 32.46 Arrest& Control/Tactical 022818 357145 011.1031.596700 9.20 Arrest& Control/Tactical 022818 357145 03/01/2018 41.66 RUSS BASSETT CORP 011,4031.850000 10,025.45 Workstation Upgrades 86018 357146 03/01/2018 10,025.45 SPRINT 011.9019.560010 32.10 Period: 01/18 677975318195 357147 03/01/2018 32.10 PHILLIP SWINFORD 011.1031.596500 32.46 Arrest&Control/Tactical 022818 357148 011.1031.596700 9.20 Arrest&Control/Tactical 022818 357148 03/01/2018 41.66 INC THE LIGHTHOUSE 011.1046.520000 36.09 Auto Parts- 387298 011.0012493 357149 011.1046.520000 132.98 Auto Parts- 388564 011.0012493 357149 011.1046.520000 24.17 Auto Parts- 389846 011.0012493 357149 011.1046.520000 17.25 Auto Parts- 391002 011.0012493 357149 Printed:3/13/201 H 10:12:35AM Page 15 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT INC THE LIGHTHOUSE 011.1046.520000 137.97 Auto Parts- 393090 011.0012493 357149 011.1046.520000 131.39 Auto Parts- 393102 011.0012493 357149 03/01/2018 479.85 TLC PET MEDICAL CENTER 011.1031.594200 554.66 Veterinary Services- 359564 011.0012559 357150 03/01/2018 554.66 TRANSCORE ITS, LLC 011.3043.900000 31,057.56 Traffic Control System Project 1800345 357151 03/01/2018 31,057.56 TRI-CITY MUTUAL WATER 011.1033.560000 157.50 Period: 01/18 020118 357152 COMPANY 03/01/2018 157.50 NATIONAL PAYMENT CENTER U.S. 011.210260 408.74 Garnishment: Payment Ben204836 357153 D 03/01/2018 408.74 UC REGENTS 011.1033.596200 2,541.83 CE/QI Services 188 357154 011.1033.596200 2,541.83 CE/01 Services 02/18 189 357154 03/01/2018 5,083.66 UNIFIRST CORPORATION 011.1043.540000 61.31 Uniforms 3242022215 357155 011.1046.540000 22.77 Uniforms 3242022215 357155 011.1047.540000 12.33 Uniforms 3242022215 357155 011.1049.540000 19.85 Uniforms 3242022215 357155 020.1084.540000 6.93 Uniforms 3242022215 357155 011.1043.540000 62.11 Uniforms 3242024929 357155 Printed 3113(2018 10 12:35AM Page 16 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20,2018 EAf1LY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT UNIFIRST CORPORATION 011.1046.540000 22.77 Uniforms 3242024929 357155 011.1047.540000 12.33 Uniforms 3242024929 357155 011.1049.540000 19.85 Uniforms 3242024929 357155 020.1084.540000 6.93 Uniforms 3242024929 357155 011,1043.540000 62.53 Uniforms 3242027655 357155 011.1046.540000 22.77 Uniforms 3242027655 357155 011.1047.540000 12.33 Uniforms 3242027655 357155 011.1049.540000 55.40 Uniforms 3242027655 357155 020.1084.540000 6.93 Uniforms 3242027655 357155 011.1043.540000 64.76 Uniforms 3242030345 357155 011.1046.540000 22.77 Uniforms 3242030345 357155 011.1047.540000 12.33 Uniforms 3242030345 357155 011.1049.540000 21.97 Uniforms 3242030345 357155 020.1084.540000 6.93 Uniforms 3242030345 357155 011.1043.540000 61.35 Uniforms 3242033072 357155 011.1046.540000 16.38 Uniforms 3242033072 357155 011.1047.540000 18.72 Uniforms 3242033072 357155 011.1049.540000 18.77 Uniforms 3242033072 357155 020.1084.540000 6.93 Uniforms 3242033072 357155 03/01/2018 658.05 INC US TOW 011.1046.590000 450.00 Labor only to tow unit from city yard 138100 011.0012810 357156 03/01/2018 450.00 Printed;3/13/2018 10:12:35AM Page 17 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.0.4 ISSUED NUMBER AMOUNT VERIZON WIRELESS 011.9019.560010 721.85 Period: Sep 11 - Oct 10 9794251301 357157 011.9019.560010 799.76 Period:Jan 11 - Feb 10 9801420566 357157 03/01/2018 1,521.61 VISTA PAINT CORPORATION 011.120010 94.50 2990-500 Acribond Flat White-P Base, 201895239900 011.0012891 357158 011.120010 231.04 2991-500 Acribond Flat White-P, (1 201895239900 011.0012891 357158 011.120010 173.28 2991-501 Acribond Flat White-DEEP D 201895239900 011.0012891 357158 011.120010 353.05 2995-500 Acribond Flat White-P Base, 201895239900 011.0012891 357158 011.120010 341.25 2997-300 Acrbond Flat White 201895239900 011.0012891 357158 011.120010 6.30 0100-100 PainlCare Recycle Fee. 201895239900 011.0012891 357158 011.120010 21.00 0100-100 PainlCare Recycle Fee. 201895239900 011.0012891 357158 011.120010 16.00 0100-100 PaintCare Recycle Fee. 201895239900 011.0012891 357158 011.120010 117.46 Sales Tax 9.5% 201895239900 357158 03/01/2018 1,353.88 WALTERS WHOLESALE ELECTRIC 011.1049.520000 576.01 Building Hardware- S109819052001 011.0012503 357159 CO 03/01/2018 576.01 XEROX FINANCIAL SERVICES LLC 011.9019.590110 3,219.30 Lease Payment 1071833 357160 03/01/2018 3,219.30 INC ZUMAR INDUSTRIES 011.120010 279.02 Regulatory Signs- 174366 011.0012504 357161 03/01/2018 279.02 AGILITY RECOVERY SOLUTIONS 011.9019.590110 415.00 Disaster Recovery Services 33152 357162 03/06/2018 415.00 Printed:3/13/2018 10:12:35AM Page 18 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT BEARCOM 011.1036.590000 196.22 SC Service Agreement 4665184 357163 011.1036.596200 523.32 SC Service Agreement 4665184 357163 011.1036.590000 140.29 SC Service Agreement 4665185 357163 011.1036.596200 374.15 SC Service Agreement 4665185 357163 011.1036.590000 141.80 SC Service Agreement 4665186 357163 011.1036.596200 378.20 SC Service Agreement 4665186 357163 011.1036.590000 40.98 SC Service Agreement 4665191 357163 011.1036.596200 109.30 SC Service Agreement 4665191 357163 011.1036.590000 264.25 installation Services 4667815 357163 011.1036.596200 704.75 Installation Services 4667815 357163 03/06/2018 2,873.26 BRIAN BYUN 011.1024.596500 32.90 Case No. VA144478-01 021418 357164 03/06/2018 32.90 CALBX INC 011.1033.590000 15.00 Oxygen Bottle Refill 412904 357165 03/06/2018 15.00 SERGIO CANALES 011.1041.596500 129.55 2018 CALBO Education Training 021218 357166 03/06/2018 129.55 CYNTHIA CANO 011.1041.596500 45.80 2018 CALBO Education Training 021418 357167 03/06/2018 45.80 CAPITAL ACCOUNTING PARTNERS 011.1004,595200 15,616.84 Cost Allocation Plan 80854 357168 03/06/2018 15,616.84 Primed:3/13/2018 10:12:35AM Page 19 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CITY OF DOWNEY 020.1084.596550 5,000.00 SEWC Membership Dues FY 2017-2018 231929 357169 03/06/2018 5,000.00 CITY OF HUNTINGTON PARK 011.1026.596905 729.50 Recruitment Exam HPF1199 357170 03/06/2018 729.50 CLEAN FUELS INC 011.1049.900000 11,183.15 Removal of Fuel Piping 180129 357171 03/06/2018 11,183.15 DATA TICKET, INC. 011.1031.594200 534.10 Parking Citation Processing Service 85670 357172 03/06/2018 534.10 RAYMOND DE NIJS 011.1033.596600 47.90 Reimb. ACLS Provider Manual 020818 357173 03/06/2018 47.90 DLA PIPER LLP(US) 011.1024.593200 10,000.00 Sale of 3200 Fruitland(Pechiney Site) 3512681 357174 03/06/2018 10,000.00 FIRE APPARATUS SOLUTIONS 011.1033.570000 2,675.68 Vehicle Maintenance& Repairs 12224 357175 011.1033.570000 160.80 Vehicle Maintenance& Repairs 12229 357175 011.1033.570000 10,861.86 Vehicle Maintenance& Repairs 12233 357175 03/06/2018 13,698.34 FIRE-END& CROKER CORP. 011.2033.850000 463.90 Part No. MX-MOD- 375916 011.0012901 357176 011.2033.850000 41.80 Freight 375916 011.0012901 357176 011.2033.850000 44.07 Sales Tax 9.5% 375916 357176 03/06/2018 549.77 Printed;3/13/2018 10:12:35AM Page 20 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT HAZARDOUS WASTE TRANSPORT 011.1060.410240 928.00 Reimb. Vehicle Inspection Fees 022618 357177 SERV 03/06/2018 928.00 INTER-VALLEY POOL SUPPLY 020.1084.500140 97.89 Sodium Hypochlorite 103931 357178 020.1084.500140 89.74 Sodium Hypochlorite 103932 357178 020.1084.500140 155.00 Sodium Hypochlorite 103933 357178 020.1084,500140 24.47 Sodium Hypochlorite 103934 357178 020.1084.500140 179.47 Sodium Hypochlorite 103935 357178 020.1084.500140 1,350.92 Sodium Hypochlorite 104072 357178 020.1084.500140 135.42 Sodium Hypochlorite 104146 357178 020.1084.500140 60.37 Sodium Hypochlorite 104147 357178 020.1084.500140 76.68 Sodium Hypochlorite 104148 357178 020.1084.500140 124.00 Sodium Hypochlorite 104149 357178 020.1084.500140 165.20 Sodium Hypochlorite 104150 357178 020.1084.500140 88.10 Sodium Hypochlorite 104151 357178 03/06/2018 2,547.26 INC LUCITY 011.9019.520010 1,875.00 Remote Assistance(per hour) 623062 011,0012240 357179 03/06/2018 1,875.00 MGA FLOORING CENTERS 011.1048.590000 2,093.00 Carpet Installation 61960 357180 03/06/2018 2,093.00 JAMES MOORE 011.1041.596500 107.56 2018 CALBO Education Training 021418 357181 03/06/2018 107.56 Pnnted 311 3/201 8 10:12:35AM Page 21 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT MULTI W SYSTEMS INC 020.1064.590000 450.00 Storm Water Pumps Inspection 31830264 357182 03/06/2018 450.00 PAPER SOURCE CONVERTING 011.199999 708.00 Refund 80%-Tenants Canceling Ref000204920 357183 03/06/2018 708.00 INC RELIABLE ICE EQUIPMENT 011.1033.590000 330.38 Ice Machine Maintenance 45043 357184 011.1033.590000 330.38 Ice Machine Maintenance 45044 357184 011.1033.590000 330.38 Ice Machine Maintenance 45047 357184 011.1033.590000 330.38 Ice Machine Maintenance 45048 357184 03/06/2018 1,321.52 INC RICHARD P GUESS MD 011.1033.596200 750.00 Medical Director Fees- 020218 357185 03/06/2018 750.00 RUSS BASSETT CORP 011.4031.850000 2,011.07 Workstation Upgrades 86017 357186 03/06/2018 2,011.07 SATELLITE PHONE STORE 011.9019.590110 699.00 IsatPhone Prepaid Service-500 Units- 020618 011.0012913 357187 011.9019.590110 699.00 IsatPhone Prepaid Service - 500 Units-- 020618 011.0012913 357187 011.9019.590110 699.00 IsatPhone Prepaid Service- 500 Units- 020618 011.0012913 357187 011.9019.590110 199.22 Sales Tax 9.5% 020618 357187 03/06/2018 2,296.22 DR.-S MILLAR, BARONE R 011.1026.502031 926.10 Medical Services/B. Malkenhorst 012518 357188 COLEMAN 03/06/2018 926.10 Pnnted:3/13/2018 10:12:35AM Page 22 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P_0.9 ISSUED NUMBER AMOUNT FREDERICK THORNBURGH 011.200100 346.79 Refund receipt#: 0011998 Ref000204593 357189 011.200100 88.14 Refund receipt#: 0012165 Ref000204942 357189 03/06/2018 434.93 UNDERGROUND SERVICE ALERT 020.1084.596200 102.33 New Ticket Charges 120180782 357190 020.150199 166.72 New Ticket Charges 120180782 357190 03/06/2018 269.05 WESTNET INC 011.1036.520000 5,900.55 First-In Alerting Equipment Relocation 24369 357191 03/06/201 B 5,900.55 LLC WITTMAN ENTERPRISES 011.1033,596200 3,012.09 Billing Services 1801069 357192 03/06/2018 3,012.09 ALLSTAR FIRE EQUIPMENT INC 011.1033.850000 740.00 ProTech Model PT-8TNSC Titan Short 204190 011.0012880 357193 Cuff 011.1033.850000 1,120.00 Protech PreTech WK Wildland Glove 204190 011.0012880 357193 011.1033.850000 39.55 Freight 204190 011.0012880 357193 011.1033.850000 176.70 Sales Tax 9.5% 204190 357193 011.1033.850000 780.00 Haix Model 605113 Airpower XR1 204898 011.0012930 357193 011.1033.850000 39.95 Freight 204898 011.0012930 357193 011.1033.850000 74.10 Sales Tax 9.5% 204898 357193 03/08/2018 2,970.30 DEW EY PEST CONTROL 011.1033.590000 27.00 Period: 02/18 11602787 357194 011.1033.590000 25.00 Period: 02/18 11602788 357194 011.1033.590000 25.00 Period: 02/18 116027139 357194 Printed:3113/2018 10-12:35AM Page 23 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE 15,0.4 ISSUED NUMBER AMOUNT DEWEY PEST CONTROL 011.1033.590000 25.00 Period: 02/18 11605253 357194 03/08/2018 102.00 EMPIRE CLEANING SUPPLY 011.120010 70.80 0515-375 Spotless RTU Glass Cleaner, 1016531 011.0012921 357195 4 011.120010 44.40 0515-425 Bleach Germicidal Ultra, 6- 1016531 011.0012921 357195 011.120010 25.00 0515-470 Plastic Spray Bottles, 1016531 011.0012921 357195 011.120010 22.50 0515-471 Plastic Spray Bottle Triggers, 1016531 011.0012921 357195 011,120010 56.80 0515-473 Mango Gem Urinal Screens, 1016531 011.0012921 357195 10 011.120010 568.80 0552-670 Lotusoft, While, 2-ply, 1016531 011.0012921 357195 011.120010 2,328.00 0552-800 GP White Multifold Towel 1016531 011.0012921 357195 011.1049.520000 44.75 Dynamo, 44 gallon Container with vent, 1016531 011.0012921 357195 011.1049.520000 60.90 Auto Daily, #628805EACH. 1016531 011.0012921 357195 011.1049.520000 69.75 35 quart Downpress Mop/Wringer 1016531 011.0012921 357195 Combo, 011.1049.520000 8.00 Dynamo Cup Fits, 44 gallon containers, 1016531 011.0012921 357195 011.1049.520000 199.80 Bloodborne Pathogen Clean-Up Kits, 1016531 011.0012921 357195 011.120010 296.05 Sales Tax 9.5% 1016531 357195 011.1049.520000 36.40 Sales Tax 9.5% 1016531 357195 03/08/2018 3,831.95 FRONTIER 011.9019.560010 45.86 Period:02/16/18- 03/15/18 021618 357196 03/08/2018 45.86 HI-LINE INC 011.1049.590000 301.62 Assortment Drill Bit Tin Coate, #DBNS29. 10600508 011.0012918 357197 011.1049.520000 245.61 Assortment Drill Bit Nitro, #DBZS29. 10600508 011.0012918 357197 Printed:3/13/2018 10:12:35AM Page 24 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20,2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT HI-LINE INC 011.1049.520000 4.99 Freight 10600508 011.0012918 357197 011.1049.590000 4.99 Freight 10600508 011.0012918 357197 011.1049.590000 28.61 Sales Tax 9.5% 10600508 357197 011.1049.520000 23.39 Sales Tax 9.5% 10600508 357197 03/08/2018 609.21 HOME DEPOT CREDIT SERVICES 011.1033.520000 480.40 Small Tools 8 Plumbing Hardware-- 012418_MULTIPL 011.0012517 357198 E 011.2033.850000 15.97 SKU 0000-279-998 02211B-MULTIPLE 011.0012878 357198 011.2033.850000 15.97 SKU 0000-165-497-- 0221113_MULTIPLE 011.0012878 357198 011.2033.850000 24.97 SKU 0000-441-841- 02211B MULTIPLE 011.0012878 357198 011.2033.850000 19.97 SKU 1000-024-270- 022118_MULTIPLE 011.0012878 357198 011.2033.850000 9.97 SKU 0000-849-118 022118-MULTIPLE 011.0012878 357198 011.2033.850000 24.64 SKU 0000-340-999- 022118_MULTIPLE 011.001287E 357198 011.2033.850000 26.97 SKU 0000-284-858- 02211E MULTIPLE 011.0012878 357198 011.2033.850000 17.74 SKU 0000-124-187- 0221115_MULTIPLE 011.0012878 357198 011.2033.850000 18.97 SKU 0000-634-714-- 022118 MULTIPLE 011.0012878 35719E 011.2033.850000 27.97 SKU 0000-635-230- 02211E MULTIPLE 011.0012878 35719E 011.2033.850000 18.97 SKU 0000-634-689- 022118 MULTIPLE 011.0012878 357198 011.2033.850000 27.97 SKU 0000-635-079- 0221113_MULTIPLE 011.0012878 357198 011.2033.850000 32.97 SKU 0000-403-704- 02211B-MULTIPLE 011.0012878 357198 011.2033.850000 46.98 SKU 0000-758-972-- 022118-MULTIPLE 011.0012878 357198 011.2033.850000 15.76 SKU 0000-108-011- 022118 MULTIPLE 011.0012878 357198 011.2033.850000 93.00 SKU 0000-747-980-- 022118-MULTIPLE 011.0012878 357198 Pnnied:3/13/2018 10:12:35AM Page 25 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT HOME DEPOT CREDIT SERVICES 011.2033.850000 24.97 SKU 0000-706-197- 022118 MULTIPLE 011.0012878 357198 011.2033.850000 21.97 SKU 1002-338-423- 022118 MULTIPLE 011.0012878 357198 011.2033.850000 59.98 SKU 0000-747-655- 022118-MULTIPLE 011.0012878 357198 011.2033.850000 13.29 SKU 0000-564-365-- 022118 MULTIPLE 011.0012878 357198 011.2033.850000 49.97 SKU 1000-029-984- 022118 MULTIPLE 011.0012878 357198 011.2033.850000 9.97 SKU 0000-860-141- 022118 MULTIPLE 011.0012878 357198 011.2033.850000 39.97 SKU 1000-029-983- 022118 MULTIPLE 011.0012878 357198 011.2033.850000 9.97 SKU 0000-881-360- 022118 MULTIPLE 011.0012878 357198 011.2033.850000 4.96 SKU 1000-032-953- 022118 MULTIPLE 011.0012878 357198 011.2033.850000 6.97 SKU 0000-882-350- 022118 MULTIPLE 011.0012878 357198 011.2033.850000 9.96 SKU 0000-879-116 -- 022118 MULTIPLE 011.0012878 357198 011.2033.850000 513.13 SKU 1000-237-005-- 022118 MULTIPLE 011.0012878 357198 011.2033.850000 83.18 Sales Tax 9.5% 022118 MULTIPLE 357198 011.2033.850000 61.80 Sales Tax 9.5% 022118 MULTIPLE 357198 011.2033.850000 298.00 SKU 0000-621-433- 8970375 011.0012905 357198 011.2033.850000 19.95 Freight 8970375 011.0012905 357198 011.2033.850000 30.21 Sales Tax 9.5% 8970375 357198 03/08/2018 2,177.44 JOBS AVAILABLE INC 011.1026.550000 429.00 Job Ads- 1806029 357199 03/08/2018 429.00 LIFE-ASSIST, INC. 011.1033.520000 901.85 Medical Supplies- 838638 011.0012565 357200 011.1033.520000 50.96 Medical Supplies-- 839440 011.0012565 357200 Printed:3/13/2018 10:12:35AM Page 26 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.#1 ISSUED NUMBER AMOUNT LIFE-ASSIST, INC. 011.1033.520000 928.80 Medical Supplies- 839789 011.0012565 357200 03/08/2018 1,881.61 LN CURTIS S SONS 011.1033.540000 3,029.59 G-Xtreme Turnout Gear- INV158688 011.0012576 357201 011.1033.540000 3,029.59 G-Xtreme Turnout Gear- INV158689 011.0012576 357201 011.2033.850000 252.80 Part No. 22000601 PARA- INV163933 011.0012879 357201 011.2033.850000 1,231.20 Part No. 36PF6 FIRE AXE- INV163933 011.0012879 357201 011.2033.850000 436.05 Part No. 36FF-8 FIRE AXE- INV163933 011.0012879 357201 011.2033.850000 56.80 Part No. 69048 NUP- INV163933 011.0012879 357201 011.2033.850000 56.80 Part No. 69148 NUP- INV163933 011.0012879 357201 011.2033.850000 123.94 Part No. 180PP-- INV163933 011.0012879 357201 011.2033.850000 173.00 Part No. GMM-2 WEHR- INV163933 011.0012879 357201 011.2033.850000 221.41 Sales Tax 9.5% INV163933 357201 03/08/2018 8,611.18 MARX BROS FIRE EXTINGUISHER 011.1049.590000 3,907.08 Fire Extinguisher Services P61324 357202 CO 03/08/2018 3,907.08 NORTH STAR GRAPHICS 011.1031.570000 715.00 Police Vehicle Graphics Kit 8640 357203 03/08/2018 715.00 DONALD QUIROZ 011.1002.550000 110.00 Reimb. Alarm Remote for City Vehicle 030618 357204 03/08/2018 110.00 TOTAL EARLY CHECKS $ 361,626.85 Printed 3/13/201 B 10:12 35AM Page 27 o1 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20,2018 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT ATHRONE CO., INC. 011.1043.520000 111.33 Portable Restrooms 520255 357205 011.1033,596200 122.43 Portable Restrooms 520259 357205 23376 AQUA-METRIC SALES COMPANY 020.1084.520000 3,090.00 1-1/2"OMNI R2 100C.F. witn iTron 684021N 011.0012838 357206 020.1084.520000 293.56 Sales Tax 9.5% 684021N 357206 020.1084.520000 1,420.00 2"OMNI R2 100C.F.with iTron 685351N 011.0012838 357206 Connector. 020.1084.520000 32.10 Freight 685351N 011.0012838 357206 020.1084.520000 134.90 Sales Tax 9.5% 685351N 357206 4,970.56 ATHENS INSURANCE SERVICES, 011.1026.594200 5,216.66 TPA Fees 03/18 IVC15719 357207 INC 5,216.66 BLACK&WHITE EMERGENCY 011.4031.850000 4,974.87 Emergency Equipment Installation 2368 357208 VEHICL 4,974.87 CAMINO REAL CHEVROLET 011.1046.520000 13.10 25879579 rear seat back bumpers CVCS132204 011.0012934 357209 011.1046.590000 390.00 Labor to diagnose and repair excessive CVCS132204 011.0012934 357209 011.1046.520000 1.24 Sales Tax 9.5% CVCS132204 357209 404.34 CENTRAL FORD 011.1046.520000 283.62 918z3a427d axle C25728 011.0012938 357210 011.1046.520000 6.08 918z1177g seal C25726 011.0012938 357210 011,1046.520000 5.20 dv6z7075c busching C25728 011.0012938 357210 Punted:3/13/2018 10:12:35AM Page 2B of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBED AMOUNT CENTRAL FORD 011.1046.590000 404.88 labor C25728 011.0012938 357210 011.1046.520000 30.23 Sales Tax 10.25 C25728 357210 730.01 CHIPMAN RELOCATION & 011.1049.590000 2,637.95 Relocation Services 57329 357211 LOGISTICS 2,637.95 COMMERCIAL TIRE COMPANY 011.1046.520000 4.82 3/8" plug tire patch 1144072 011.0012933 357212 011.1046.520000 5.73 PX10 tire patch 1144072 011.0012933 357212 011.1046.590000 24.75 Labor to repair right rear inner tire 1144072 011.0012933 357212 011.1046.520000 1.00 Sales Tax 9.5% 1144072 357212 36.30 DEW EY PEST CONTROL 011.1049.590000 42.00 Period: 02/18 115BO462 357213 011.1049.590000 67.00 Period: 02/18 11602224 357213 011.1049.590000 62.00 Period: 02/1 B 11606136 357213 011.1048.596200 100.00 Period: 02/1 B 11620719 357213 011.1048.596200 210.00 Period: 02/18 11620720 357213 011.1048.596200 60.00 Period: 02/18 11620933 357213 011.1048.596200 60.00 Period: 02/1 B 11620934 357213 011.1048.596200 95.00 Period: 02/1 B 11638721 357213 696.00 DION & SONS, INC. 011.1046.520000 679.89 5W30 synthetic blend motor oil 696250 011.0012814 357214 011.1046.520000 564.56 15W40 high performance plus motor oil 696250 011.0012814 357214 Printed:3/13/2018 10:12:35AM Page 29 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT DION & SONS, INC. 011.1046,520000 24.12 California oil recycling fee 696250 011.0012814 357214 011.1046.520000 10.05 California motor oil assessment fee 696250 011.0012814 357214 011.1046,520000 139.28 Gadus s2 v220 2 lube grease 696250 011.0012814 357214 011.1046.520000 7.50 Diesel fuel charge 696250 011.0012814 357214 011.1046.520000 5.95 Environmental compliance fee 696250 011.0012814 357214 011.1046.520000 1.84 Lab tax 696250 011.0012814 357214 011.1046,520000 136.15 Sales Tax 9.5% 696250 357214 1,569.34 DR DAVID N STEIN 011.1033.502030 439.00 Vision Benefits/J. Castro 022118 357215 011.1033.502030 450.00 Vision Benefits/A. Castro 022118(2) 357215 889.00 EVAN BROOKS ASSOCIATES, INC 011.3043.900000 14,324.38 Professional Services 1800210 357216 011.3043.900000 12,554.38 Professional Services 180037 357216 26,878.76 HAROLD S MASUDA, O.D. 011.1004.502030 300.00 Vision Benefits/C. Gaytan 022118 357217 300.00 HI-DESERT COMMUNICATIONS 011.4031.590000 6,390.00 ZETRON Relocation 37646 357218 6,390.00 HI-LINE INC 011.1046.520000 13.82 DBF2564 flatted shank drill bit 25/64" 10601986 011.0012816 357219 011.1046.520000 14.18 DBF1332 flatted shank drill bit 13/32" 10601986 011.0012816 357219 011.1046.520000 15.68 DBF2764 flatted shank drill bit 27/64" 10601986 011.0012816 357219 Printed:3/13/2018 10:12:35AM Page 30 of 34 CITY OF VERNON WARRANT REGISTER NO, 1490 MARCH 20,2018 PRINTED CHECKS _ ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT HI-LINE INC 011.1046.520000 16.86 DSF716 flatted shank drill bit 7/16" 10601986 011.0012816 357219 011.1046.520000 19.38 DBF2964 flatted shank drill bit 29/64" 10601986 011.0012816 357219 011.1046.520000 19.61 DBF1532 flatted shank drill bit 15/32" 10601986 011.0012816 357219 011.1046.520000 20.61 DBF3164 flatted shank drill bit 31/64" 10601986 011.0012816 357219 011.1046.520000 20.96 DBF12 flatted shank drill bit 1/2" 10601986 011.0012816 357219 011.1046.520000 13.41 Sales Tax 9.5% 10601986 357219 154.51 HINDERLITER DELLAMAS& 011.1004.596200 6,604.40 Contract&Audit Services- 285111N 357220 ASSOC 6,604.40 MATTHEW HOLTZENDORFF 011.1033.502030 391.46 Vision Benefits/L. Holtzendorff 022818 357221 391.46 ALEXIS HWANG 011.1002.502030 150.00 Vision Benefits/A. Hwang 022118 357222 150.00 INVESTIGATIVE POLYGRAPH SVC 011.1031.596200 1,175.00 Professional Services 262 357223 1,175.00 JCL TRAFFIC SERVICES 011.1043.520000 961.50 Mini Sign Stand with Universal Sign 94234 011.0012924 357224 011.1043.520000 59.00 48" Heavy Dduty Brace, 94234 011.0012924 357224 #BRACE&BRACKET. 011.1043.520000 399.00 48" Reflective Roll Up(W20-5) Right 94234 011.0012924 357224 011.1043.520000 71.96 Reflective Patch, LEFT, 10" X 24", 94234 011.0012924 357224 011.1043.520000 399.00 48" Reflective Roll Up (W21-1A), Men 94234 011.0012924 357224 Printed:3/13/2018 10:12 35AM Page 31 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT JCL TRAFFIC SERVICES 011.1043.520000 925.00 D Cell Amber Flasher, #D-CELLAMBER 94234 011.0012924 357224 011.1043.520000 40.00 Freight 94234 011.0012924 357224 011.1043.520000 271.27 Sales Tax 9.5% 94234 357224 3,126.73 KIETH BURKART, Q.D. 011.1033.502030 270.00 Vision Benefits/A. Armellini 022818 357225 270.00 ALEX LY 011.9019.502030 246.00 Vision Benefits/S. Ly 022118 357226 246.00 SILVA'S PRINTING NETWORK 011.120010 503.08 2700-225 City of Vernon#10(regular) 2665960 011.0012926 357227 011.120010 1,141.34 2700-230 City of Vernon#10(regular) 2665960 011.0012926 357227 011.120010 156.21 Sales Tax 9.5% 2665960 357227 1,800.63 SOUTH COAST AOMD 011.1049.596200 203.08 Form 222-B Registration Fee 022718 357228 203.08 STACY MEDICAL CENTER 011.1031.594200 1,716.11 Pre-Booking Exams&Custody Blood 521123294 357229 Draw 011.1031.594200 655.00 Pre-Booking Exams&Custody Blood 521123509 357229 Draw 2,371.11 UNITED 26, INC. 095.5095.400900 11,440.30 Ref. 1st&2nd Parcel#6308005012 022818 357230 11.440.30 Printed:3/13/2018 10:12:35AM Page 32 o134 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT US HEALTHWORKS MEDICAL 011.1026.597000 305.00 Medical Services 3276375CA 357231 GROUP, 011.1026.597000 129.00 Medical Services 3279851 CA 357231 434.00 WILLIAMS DATA MANAGEMENT 011.1003,596200 360.50 Storage Services 421643 357232 011.1003.596200 1,634.36 Storage Services 422876 357232 1,994.86 WON DOOR CORPORATION 011.1049.590000 448.00 Maintenance Installation 227354 357233 448.00 TOTAL PRINTED CHECKS $ 86,737.63 Pnntad:ae I 3W I I&I2:35AM Page 33 of 34 CITY OF VERNON WARRANT REGISTER NO. 1490 MARCH 20, 2018 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 011 -GENERAL $ 316,253.98 $ 346,048.28 5 70,326.77 732,629.03 020-WATER 288,002.03 11,328.57 4,970.56 304,301.16 057- FIBER OPTIC 0.00 4,250.00 0.00 4,250.00 095 - PARCEL TAX 0.00 0.00 11,440.30 11,440.30 GRAND TOTAL $ 604,256.01 $ 361,626.85 s 86,737.63 S 1,052,620.49 TOTAL CHECKS TO BE PRINTED 29 Pnnted=3+l MO 18 W l2.36AM Page 34 of 34 rt • SEC-0VED 1 Nf # MAR 13 2018 RECEIVED CITY kDl�INISTRATIQI� MAR 15 2018 STAFF REPORT �_��_ �"ir CITY CLERK'S OFFICE FINANCE/TREASURY DEPARTMENT DATE: March 13, 2018 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director W'3T RE: City Payroll Warrant Register for City Council Agenda of March 20, 2018 It is recommended that the attached Payroll Warrant Register No. 741 be approved at the City Council meeting of March 20, 2018 Payroll Warrant Register No. 741 totals $3,439,279.17, and covers claims and demands presented for February 1, 2018 to February 28, 2018, drawn from East West Bank, Payroll Account. The following list details the components of Payroll Warrant Register No. 741: 1. Ratification of direct deposits, checks and taxes totaling $2,779,808.21; and 2. Checks and electronic fund transfers (EFT) paid through General bank account totaling $659,470.96 Raquel Franco 1 3/13/2018 7 45 AM PAYROLL WARRANT REGISTER City of Vernon No. 741 Month of February 2018 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 Director of Finance Date: Page 1 of 1 Payroll Warrant Register Memo(004):Warrant Payrolls reported for the month of February: 01/07/18-01/20/18, Paydate 02/01/18 01/21/18-02/03/18, Paydate 02/15/18 01/21/18-02103/18, Paydate 02/15/18 Payment Method Date Payment Description Amount Checks 02/01/18 Net payroll, checks $ 13.510.19 ACH 02101/18 Net payroll, direct deposits 907,658.46 ACH 02/01/18 Payroll taxes 260,955.52 Checks 02/15/18 Net payroll, checks 12,834.56 ACH 02/15/18 Net payroll, direct deposits 842,357.21 ACH 02115/18 Payroll taxes 218,860.80 Checks 02/15/18 Net payroll, checks 8,725.65 ACH 02/15/18 Net payroll, direct deposits 352,111.09 ACH 02/15/18 Payroll taxes 162,794.73 Total net payroll and payroll taxes 2,779,808.21 ACH ICMA 45,482.53 ACH CalPERS 242,740.73 ACH Califomia State Disbursement Unit 2,616.91 356905 Franchise Tax Board 955.22 356924 U.S. Dept of Education 408.74 ACH iBEW Dues 3,468.64 ACH Vernon Firemen's Association 3,354.00 ACH Vernon Police Officers' Benefit Association 1,861.73 ACH ICMA 40.380.50 ACH CalPERS 246.060.74 ACH Califomia State Disbursement Unit 2,616.91 ACH Teamsters Local 911 2,790.00 357037 Franchise Tax Board 955.22 357057 U.S. Dept of Education 408.74 ACH Vernon Firemen's Association 3.354.00 ACH Vernon Police Officers'Benefit Association 1,861.73 ACH ICMA 60,154.62 Payroll related disbursements, paid through General bank account 659,470.96 Total net payroll,taxes,and related disbursements $ 3,439,279.17 Psoe 1 of 1 v RECEIVED &LEI MAR 13 2818 MAR 15 Z018 STAFF REPORT CITY ADMINISTRATION CITY CLERK'S OFFICE FINANCEITREASURY DEPARTMENT 511111 DATE: March 13, 2018 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director U.I RE: Light & Power Warrant Register for City Council Agenda of March 20, 2018 It is recommended that the attached Light & Power Warrant Register No. 455 be approved at the City Council meeting of March 20, 201 B. Light & Power Warrant Register No. 455 totals $3,399,465.04, and covers claims and demands presented during the period of February 27 through March 12, 2018, drawn, or to be drawn, from East West Bank. The following list details the components of Light & Power Warrant Register No. 455: 1. Ratification of wire transfers totaling $3,363,098.80; 2. Ratification of the issuance of early checks totaling $27,142.00; and 3. Authorization to issue pending checks totaling $9,224.24. stir+�;4 LIGHT & POWER WARRANT REGISTER NO. 455 a MARCH 20, 2018 4F 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:3/13/2018 10 23:36AM Page 2 of 8 LIGHT & POWER WARRANT REGISTER NO. 455 MARCH 20,2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P_O.# ISSUED NUMBER AMOUNT DEUTSCHE BANK TRUST CO. 055.9200.500163 1,533,250.00 W CI Auction 022818 6643 055,150199 482,130.00 W C I Auction 022818 6643 03/07/2018 2,015,380.00 INTELLIGENCE PRESS, INC. 055.9200.596200 7,500.00 NGI Bidweek&Daily Data 011718 6644 02/27/2018 7,500.00 THE ENERGY AUTHORITY, INC. 055.9200.500154 210,000.00 REC Fees 020818 6645 02/27/2018 210,000.00 DEPARTMENT OF WATER & 055.9200.500170 21,870.00 Energy Purchase 01/18 GA190360 6646 POWER 055,9200.500260 575.00 Energy Purchase 01/18 GA190360 6646 02/28/2018 22,445.00 JRM 055.8100.596200 31,816.00 Unarmed Security Guard Services 1783 6647 03101/2018 31,816.00 PORTLAND GENERAL ELECTRIC 055.9200.500154 150,000.00 Energy Purchases 10/17 355077 664E CO 03/01/2018 150,000,00 POWER SETTLEMENTS 055.9200.596200 9,017.65 Consulting Services 03/18 VERN28 6649 CONSULTING 03/01/2018 9,017.65 SO CAL EDISON 055.9200.500170 24,669.00 Laguna Bell 02118 7500879903 6650 03/01/2018 24,669.00 WIRELESS INNOVATION LIMITED 055.9000.900000 1,180.00 Iridium 40130 6651 Punted:3/13/2018 10:23:36AM Page 3 of 8 LIGHT & POWER WARRANT REGISTER NO. 455 MARCH 20, 2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P_O_# ISSUED NUMBER AMOUNT 03/01/2018 1,180.00 ABB INC. 055.9200.595200 35,728.00 Advisory Services 7103675370 6652 055.9200.595200 35,728.00 Advisory Services 7103708037 6652 03/02/2018 71,456.00 SO CAL PUBLIC POWER 055.9200.500154 251,272.64 Antelope DSR 1 Solar Project DSR10218 6653 AUTHORITY 03/02/2018 251,272.64 SO CAL PUBLIC POWER 055.9200.500154 259,560.70 Puente Hills Landfill Gas Project PHL0218 6654 AUTHORITY 03/02/2018 259,560.70 ABB INC. 055.8400.590000 1,388.92 Calibrate Fuel Meters 7103689129 6655 03/08/2018 1,388.92 INLAND EMPIRE ENERGY CENTER 055.9200.500180 98,490.00 Energy Purchases 04/18 6 6656 03/08/2018 98,490.00 NEXTERA ENERGY POWER 055.9200.500154 190,888.50 Energy Purchases 11/17 415911 6657 MARKETING 03/12/2018 190,888.50 CALIFORNIA ISO 055.9200.500190 18,034.39 Transferred Frequency Charge 01/16 201802153137571 6658 106 03/12/2018 18,034.39 TOTAL WIRES $ 3,363,098.80 Printed:3/13/2018 10 23:36AM Page 4 ol8 LIGHT & POWER WARRANT REGISTER NO. 455 MARCH 20, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CHARLES MONTOYA 055.9000.596500 308.95 EUSERC Meeting 021918 513141 03/06/2018 308.95 SANTA FE BUILDING 055.6400.596200 464.00 Janitorial Services 01/18 16652 513142 MAINTENANCE 055.9000.596200 1,611.00 Janitorial Services 01/18 16652 513142 03/06/2018 2,075.00 SC FUELS 055.8200.900000 2,989.80 Product Code: MO104496D055- 1060959IN 055.0002611 513143 055.8200.900000 13.20 CA Oil Recycling Fee 1060959IN 055.0002611 513143 055.8200.900000 2.20 CA Lube Fee 1060959IN 055.0002611 513143 055.8200.900000 25.00 DRUMDEPOSITC001- 1060959IN 055.0002611 513143 055.8200.900000 9.92 Fuel Surcharge 1060959IN 055.0002611 513143 055.8200.900000 12.95 Regulatory Compliance Fee 1060959IN 055.0002611 513143 055.8200.900000 288.28 Sales Tax 9.5% 1060959IN 513143 03/06/2018 3,341.35 SO CAL JOINT POLE COMMITTEE 055.9100.596200 680.60 Operating Expense 01/18 19746 513144 03/06/2018 680.60 D&R OFFICE WORKS, INC 055.9000.900000 12,732.10 New Furniture 107711 IN 513145 03/08/2018 12,732.10 CHRISTOPHER DELGADO 055.8000.502030 245.00 Vision Benefits/C. Delgado 020618 513146 03/08/2018 245.00 VIET NGUYEN 055.9100.502030 259.00 Vision Benefits/S. Nguyen 021218 513147 Printed:3/13/201 B 10:23:36AM Page 5 of 8 LIGHT & POWER WARRANT REGISTER NO. 455 MARCH 20, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 03/08/2018 259.00 VAISALA INC. 055.9000.900000 7,500.00 SkyServe Services 301100291 513148 03/08/2018 7,500.00 TOTAL EARLY CHECKS $ 27,142.00 Primed:3+13f M 10:23:36AM Page 6 of 8 LIGHT & POWER WARRANT REGISTER NO. 455 MARCH 20, 2018 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT A THRONE CO., INC. 055.8100.596200 84.00 Portable Restrooms 520256 513149 055.8100.596200 279.14 Portable Restrooms 520257 513149 055.8100.596200 88.95 Portable Restrooms 520258 513149 452.09 MICHAEL HENDRICKSON 055.8000.502030 289.95 Vision Benefits/R. Hendrickson 030118 513150 289.95 ANTHONY HINOJOS 055.8100.502030 238.96 Vision Benefits/A. Hinojos 022818 513151 055.8100.502030 356.99 Vision Benefits/S. Hinojos 022818(2) 513151 595.95 NEWGEN STRATEGIES & 055.9200.596200 7,886.25 Professional Services 6268 513152 SOLUTIONS, 7,886.25 TOTAL PRINTED CHECKS $ 9,224.24 Printed;3/13/2018 10 23 36AM Page 7 of LIGHT & POWER WARRANT REGISTER NO. 455 MARCH 20, 2018 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 055- LIGHT& POWER $ 3,363,098.80 5 27,142.00 s 9,224_24 $ 3,399,465.04 GRAND TOTAL $ 3,363,098.80 S 27,142.00 s 9,224.24 S 3,399,465.04 TOTAL CHECKS TO BE PRINTED 4 Pdnled:3/13/2018 10:23:36AM Page 8 of 8 y\ Y R E C fl D «01. RECEIVED MAR 1 3 2038 MAC 15 ��'18 CITY CLERIC'S OFFICESTAFF REPORT CITY ADMINISTRATION FINANCE/TREASURY DEPARTMENT DATE: March 13, 2018 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director RE: Gas Warrant Register for City Council Agenda of March 20, 2018 It is recommended that the attached Gas Warrant Register No. 243 be approved at the City Council meeting of March 20, 2018. Gas Warrant Register No. 243 totals $151,173.15, and covers claims and demands presented during the period of February 27 through March 12, 2018, drawn, or to be drawn, from East West Bank. The following list details the components of Gas Warrant Register No. 243: 1. Ratification of wire transfers totaling $132,674.70; 2. Ratification of the issuance of early checks totaling $18,498.45; and *1 CITY OF VERNON GAS DEPARTMENT ' WARRANT REGISTER NO. 243 IM all # MARCH 20, 2018 'F'P« L* 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:3/13/2018 10:28:43AM Page 2 of 9 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 243 MARCH 20, 2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.Q.# ISSUED NUMBER AMOUNT THE GAS COMPANY 056.5600.550022 132,651.89 Period: 01/18 020918 701 03/06/2018 132,6 51.89 THE GAS COMPANY 056-6600.560000 22.81 Period: 01/18 021218 702 03/02/2018 22.81 TOTAL WIRES $ 132,674.70 Printed:3/13/2018 10:28AMM Page 3 of 9 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 243 MARCH 20, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.Ol ISSUED NUMBER AMOUNT SMARDAN SUPPLY CO 056.5600.590000 140.62 1-1/2 BLK T&C S-40 A53A ERW PIPE S3090863001 056.0000479 1685 056.5600.590000 7.84 1/4 X CLOSE BLACK NIPPLE S3090863001 056.0000479 1685 056.5600.590000 14.42 114 X 1-1/2 BLACK NIPPLE S3090863001 056.0000479 1685 056.5600.590000 11.75 114 X 3 BLACK NIPPLE S3090863001 056.0000479 1685 056.5600,590000 3.43 1/4 X 4-1/2 BLACK NIPPLE S3090863001 056.0000479 1685 056.5600.590000 6.81 1/2 X 1-1/2 BLACK NIPPLE S3090863001 056.0000479 1685 056.5600.590000 6.58 1/2 X 4 BLACK NIPPLE S3090863001 056.0000479 1685 056.5600.590000 7.19 1/2 X 5 BLACK NIPPLE S3090863001 056.0000479 1685 056.5600.590000 4.23 3/4 X CLOSE BLACK NIPPLE S3090863001 056.0000479 1685 056.5600.590000 32.98 3/4 X 4 BLACK NIPPLE S3090863001 056.0000479 1685 056.5600.590000 15.17 3/4 X 7 BLACK NIPPLE S3090863001 056.0000479 1685 056.5600.590000 22.87 3/4 X 12 BLACK NIPPLE S3090863001 056.0000479 1685 056.5600.590000 10.68 3/4 X 17-1/2 STD BLK NIP TBE S3090863001 056.0000479 1685 056.5600.590000 11.30 1 X CLOSE BLACK NIPPLE S3090863001 056.0000479 1685 056.5600.590000 10.34 1 X 3-1/2 BLACK NIPPLE S3090863001 056.0000479 1685 056.5600.590000 12.23 1 X 5 BLACK NIPPLE S3090863001 056.0000479 1685 056.5600.590000 12.40 1 X 6 BLACK NIPPLE S3090863001 056.0000479 1685 056.5600.590000 28.83 1-1/4 X 12 BLACK NIPPLE S3090863001 056.0000479 1685 056.5600.590000 16.02 1-1/2 X 4-1/2 BLACK NIPPLE S3090863001 056.0000479 1685 056.5600.590000 22.54 1-1/2 X 8 BLACK NIPPLE S3090863001 056.0000479 1685 056.5600.590000 26.62 2 X CLOSE BLACK NIPPLE S3090863001 056.0000479 1685 056.5600.590000 11.74 2 X 2-1/2 BLACK NIPPLE S3090863001 056.0000479 1685 056.5600.590000 14.18 2 X 3-1/2 BLACK NIPPLE S3090863001 056.0000479 1685 Printed:3/13/201 H 10:28:43AM Page 4 of 9 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 243 MARCH 20, 201 S EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT SMARDAN SUPPLY CO 056.5600.590000 26.80 2 X 5-1/2 BLACK NIPPLE S3090863001 056.0000479 1685 056,5600.590000 80.00 2 11 STD BLACK NIPPLE S3090863001 056.0000479 1685 056.5600.590000 52.13 2 X 12 BLACK NIPPLE S3090863001 056.0000479 1685 056.5600.590000 51.37 3 X 3-1/2 BLACK NIPPLE S3090863001 056.0000479 1685 056.5600.590000 51.30 3 X 6 BLACK NIPPLE S3090863001 056.0000479 1685 056,5600.590000 25.20 1/4 BLK MALL 90 ELBOW S3090863001 056.0000479 1685 056.5600.590000 42.11 1-1/4 BLACK 90 ELBOW S3090863001 056.0000479 1685 056.5600.590000 36.60 1-112 BLACK TEE S3090863001 056.0000479 1685 056.5600.590000 161.76 2 BLACK TEE S3090863001 056.0000479 1685 056.5600.590000 26.71 1/4 BLACK PLUG S3090863001 056.0000479 1685 056.5600.590000 15.15 3/4 BLACK PLUG S3090863001 056.0000479 1685 056.5600.590000 24.61 1-1/2 BLACK PLUG S3090863001 056.0000479 1685 056.5600.590000 5.84 1M BLK MALL CAP S3090863001 056.0000479 1685 056.5600.590000 7.81 1/2 BLACK CAP S3090863001 056.0000479 1685 056.5600.590000 53.70 2 X 2 X 1-1/4 BLACK TEE S3090863001 056.0000479 1685 056.5600.590000 93.98 2 X 2 X 1-1/2 BLACK TEE S3090863001 056.0000479 1685 056.5600.590000 60.38 2 BLACK COUPLING S3090863001 056.0000479 1685 056.5600.590000 22.50 114 BLK MALL 90 ST ELB S3090863001 056.0000479 1685 056.5600.590000 9.22 1/2 BLACK 90 STREET ELL S3090863001 056.0000479 1685 056.5600.590000 15.75 3/4 BLACK 90 STREET ELL S3090B63001 056.0000479 1685 056.5600.590000 19.39 1 BLACK 90 STREET ELL S3090863001 056.0000479 1685 056.5600.590000 32.05 2 BLACK 90 STREET ELL S3090863001 056.0000479 1685 056.5600.590000 12.44 3/4 X 1/2 BLACK REDUCER S3090863001 056.0000479 1685 Pnnted:3/13/2018 10:28:43AM Page 5 of 9 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 243 MARCH 20, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT SMARDAN SUPPLY CO 056.5600.590000 19.36 1/2 X 1/4 BLACK BUSHING S3090863001 056.0000479 1685 056.5600.590000 15.58 3/4 X 114$LACK BUSHING IMP S3090863001 056.0000479 1685 056.5600.590000 19.82 3/4 X 112 BLACK BUSHING S3090863001 056.0000479 1685 056.5600.590000 16.70 1 X 1/2 BLACK BUSHING S3090863001 056.0000479 1685 056.5600.590000 16.70 1 X 3/4 BLACK BUSHING S3090863001 056.0000479 1685 056.5600.590000 42.53 2 X 3/4 BLACK BUSHING S3090863001 056.0000479 1685 056.5600.590000 19.68 1/2 BLACK UNION S3090863001 056.0000479 1685 056.5600.590000 92.18 2 150 THREADED STEEL FLANGE S3090863001 056.0000479 1685 056.5600.590000 174.55 2 150 C/S A105 RF SO FLANGE S3090863001 056,0000479 1685 056.5600,590000 51.68 4 150 X/S A105 RF SO FLANGE S3090863001 056.0000479 1685 056.5600.590000 14.04 2 STD L.R. WELD ELBOW S3090863001 056,0000479 1685 056.5600.590000 22.99 2 X 1-1/4 F.S. HEX BUSHING S3090863001 056.0000479 1685 056.5600.590000 5.67 2-3/8 OD STRUT CLAMP 2 IP S3090863001 056.0000479 1685 B2013PAZN 056.5600.590000 4.47 4-1/2 OD STRT CLMP 4 IP B2017PAZN S309OB63001 056.0000479 1685 056.5600.590000 22.46 6230ZN L-11 2-HOLE 90 ANGLE 9/16 S3090863001 056.0000479 1685 056.5600.590000 2.77 3/8 SPRING NUT N228ZN S3090863001 056.0000479 1685 056.5600.590000 0.55 318 X 1 HEX TAP BOLT PLTD. S3090863001 056.0000479 1685 056.5600.590000 12.87 2 150#CIS A105 RF WN FLANGE S3090863001 056.0000479 1685 056.5600.590000 17.36 3 150# FF FLANGE GASKET 1/16 S3090863001 056.0000479 1685 056.5600.590000 30.11 2 FLEXITALLIC 150#GASKET S3090863001 056.0000479 1685 056.5600.590000 58.70 3 FLEXITALLIC 150# GASKET S3090863001 056.0000479 1685 056.5600.590000 33.14 6 FLEXITALLIC 150# GASKET S3090863001 056.0000479 1685 056.5600.590000 30.77 8 FLEXITALLIC 150# GASKET S3090863001 056.0000479 1685 Printed:3/13/201 B 10:28 43AM Page 6 of 9 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 243 MARCH 20, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT SMARDAN SUPPLY CO 056.5600.590000 168.58 8 RING 300# GARLOC FASKET 1/16 S3090863001 056.0000479 1685 056.5600.590000 622.59 1 X 3/4 XH ECC SWAGE NIPPLE TBE S3090863001 056.0000479 1685 056.5600.590000 923.30 1-1/4 X 1 XH ECC SWAGE NIPPLE TBE S3090863001 056.0000479 1685 056.5600.590000 362.59 Sales Tax 9.5% S3090863001 1685 056.5600.590000 28.75 1-1/2 X 1-1/4 BLACK 90 ELBOW S3090863002 056.0000479 1685 056.5600.590000 5.57 1 X 1/2 BLACK BUSHING S3090863002 056.0000479 1685 056.5600.590000 16.31 6" Flexitallic 150#Gasket S3090863002 056.0000479 1685 056.5600.590000 13.22 2" Flexitallic 150#Gasket S3090863002 056.0000479 1685 056.5600.590000 25.34 8" FLEXITAILIC 150# GASKET S3090863002 056.0000479 1685 056.5600.590000 54.46 3" FLEXTTALLIC 150# GASKET S3090863002 056.0000479 1685 056.5600.590000 10.80 3" 150# FF FLANGE GASKET 1/16 S3090863002 056.0000479 1685 056.5600.590000 14.67 Sales Tax 9.5% S3090863002 1685 056.5600.590000 44.03 2 150#FF FLANGE GASKET 1/16 S3090863003 056.0000479 1685 056.5600.590000 4.18 Sales Tax 9.5% S3090863003 1685 056.5600.590000 293.07 3 150#C/S CONE STAINER S3090863004 056.0000479 1685 056.5600.590000 5.44 6" Flexitallic 150#Gasket S3090863004 056.0000479 1685 056.5600.590000 6.61 2" Flexitallic 150#Gasket S3090863004 056.0000479 1685 056.5600.590000 28.99 Sales Tax 9.5% S3090863004 1685 056.5600.590000 -52.06 Credit Memo S3090863.005 S3090863005 056.0000479 1685 056.5600.590000 26.66 2 150# Ring Flange Gasket S3090863006 056.0000479 1685 056.5600.590000 2.53 Sales Tax 9.5% S3090863006 1685 03/01/2018 4,707.88 CORRPRO COMPANIES 056.5600.595200 1,450.00 Survey Services 478609 1686 Printed:3/13/2018 10:28:43AM Page 7 of 9 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 243 MARCH 20, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.OA ISSUED NUMBER AMOUNT 03/06/2018 1,450.00 P&F DISTRIBUTORS 056.5600.900000 6,240.00 Pipe Gas 6"x 40- 1190931N 056.0000485 1687 056.5600.900000 3,360.00 Pipe Gas 6"x 20- 119093IN 056.0000485 1687 056.5600.900000 985.00 Poly Valve Gas, FP 6"-84111- 119093IN 056.0000485 1687 056.5600.900000 750.00 Freight 1190931N 056,0000485 1687 056.5600.900000 1,005.57 Sales Tax 9.5% 1190931N 1687 03/06/2018 12,340.57 TOTAL EARLY CHECKS S 18,498.45 Printed:3/13/2018 10:28:43AM Page 8 of 9 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 243 MARCH 20, 2018 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 056- NATURAL GAS $ 132,674.70 18,498.45 v 1:(: $ 151,173.15 GRAND TOTAL S 132,674.70 S 18,498.45 S 0.00 5 151,173.15 TOTAL CHECKS TO BE PRINTED 0 Printed:3/13/2018 10:28:43AM Page 9 of 9 of or MAR D 1 2013 to CITY ADD-11NI TRATIDN RECEIVE D MAR 13 2018 FIRE DEPARTMENT CITY CLERK'S OFFICE 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 Fax(323)826-1407 March 1, 2018 Honorable Mayor and City Council City of Vernon Honorable Members: Attached is a copy of the Vernon Fire Department Activity Report which covers the period of January 16, 2018 through January 31, 2018. Respectfully Submitted, Bruce K. English Fire Chief BKE:ar Fireletnow E ,cfusivefy Inds striaf VERNON FIRE DEPARTMENT COMPANY ACTIVITIES January 16, 2018 to January 31,2018 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections (#): 26 28 47 67 Re-Inspections (#): 3 16 1 5 Spec. Haz. Inspections (#): 50 50 0 0 Total Inspections: 79 94 48 72 Total Man Hours: 113 148 78 119 TRAINING (HOURS): Firefighting 109 206 73 168 Hazardous Materials 34 79 46 79 Safety 127 255 136 250 Apparatus Operations 128 256 136 257 Equipment Operations 130 261 134 258 CPR 2 4 9 9 First Aid 24 62 34 85 Total Hours: 554 1123 568 1106 PRE-INCIDENT (HOURS): Planning 96 168 106 177 District Familiarization 95 175 111 208 Total Hours: 191 343 217 385 PERIODIC TEST(HOURS): Hose Testing 2 2 2 5 Pump Testing 2 2 0 0 Total Hours: 4 4 ' Page I PUBLIC SERVICE PROGRAMS (HOURS) School Programs 2 2 12 16 Fire Brigades 0 0 0 0 Emergency Preparedness 11 17 13 24 Total Hours: 13 19 25 40 ROUTINE MAINTENANCE (HOURS): Station 129 253 137 258 Apparatus 132 257 134 258 Equipment 132 266 137 264 Total Hours: 393 776 408 780 Grand Total Hours: 1268 2413 1298 2435 fireactivity Page 2 RECEIVED ft ir to Of U WteCeIVED 01 0 tt MAR 0 i 2418 MAR 13 2018 CITY CLERKS OFFICE FIRE DEPARTMENT 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 Fax (323)826-1407 March 1, 2018 Honorable Mayor and City Council City of Vernon Honorable Members: Attached is a copy of the Vernon Fire Department Activity Report which covers the period of February 1, 2018 through February 15, 2018. Respectfully Submitted, ?4� /�- (� Bruce K. English Fire Chief BKE:ar Fireletnow EXcfusivefy Industriaf VERNON FIRE DEPARTMENT COMPANY ACTIVITIES February 1, 2018 to February 15, 2018 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections (#): 35 63 52 119 Re-Inspections (#): 0 16 2 7 Spec. Haz. Inspections (#): 5 55 4 4 Total Inspections: 40 134 58 130 Total Man Hours: 77 225 92 211 TRAINING (HOURS): Firefighting 95 301 103 271 Hazardous Materials 36 115 45 124 Safety 132 387 143 393 Apparatus Operations 133 389 147 404 Equipment Operations 129 390 142 400 CPR 0 4 21 30 First Aid 20 82 46 131 Total Hours: 545 1668 647 1753 PRE-INCIDENT(HOURS): Planning 99 267 110 287 District Familiarization 99 274 116 324 Total Hours: 198 541 226 611 PERIODIC TEST (HOURS): Hose Testing 2 4 0 5 Pump Testing 0 2 0 0 Total Hours: 2 6 (1 5 Page 1 PUBLIC SERVICE PROGRAMS (HOURS) School Programs 0 2 4 20 Fire Brigades 0 0 0 0 Emergency Preparedness 23 40 22 46 Total Hours: 23 42 26 66 ROUTINE MAINTENANCE (HOURS): Station 130 383 128 386 Apparatus 131 388 133 391 Equipment 136 402 134 398 Total Hours: 397 1173 395 1175 Grand Total Hours: 1242 3655 1386 3821 Tireactivity Page 2 1 AR 0 7 2318 PEEVEDof to t �HADMINI TRA� O MAR 13 Z018 CITY CFFR�S 0FFIG - � - FIRE DEPARTMENT 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 Fax (323)826-1407 March 7, 2018 Honorable Mayor and City Council City of Vernon Honorable Members: Attached is a copy of the Vernon Fire Department Activity Report which covers the period of February 16, 2018 through February 28, 2018. Respectfully Submitted, 36a /�` ry.'tax Bruce K. English Fire Chief BKE:ar Fireletnow Er,cfusivefy Industridf VERNON FIRE DEPARTMENT COMPANY ACTIVITIES February 16,2018 to February 28, 2018 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections(#}: 44 107 80 199 Re-Inspections(#): 4 20 6 13 Spec. Haz. Inspections (#): 3 58 2 6 Total Inspections: 51 185 88 218 Total Man Hours: 71 296 147 358 TRAINING (HOURS): Firefighting 90 391 79 350 Hazardous Materials 26 141 30 154 Safety 102 489 102 495 Apparatus Operations 102 491 101 505 Equipment Operations 102 492 101 501 CPR 0 4 5 35 First Aid 25 107 31 162 Total Hours: 447 2115 449 2202 PRE-INCIDENT (HOUR51- Planning 75 342 83 370 District Familiarization 61 335 92 416 Total Hours: 136 677 175 786 PERIODIC TEST (HOURS). Hose Testing 0 4 2 7 Pump Testing 0 2 0 0 Total Hours: 11 6 '- 7 Page 1 PUBLIC SERVICE PROGRAMS (HOURS) School Programs 4 6 1 21 Fire Brigades 0 0 0 0 Emergency Preparedness 4 44 26 72 Total Hours: 8 50 27 93 ROUTINE MAINTENANCE HOURS): Station 104 487 105 491 Apparatus 103 491 103 494 Equipment 109 511 106 504 Total Hours: 316 1489 314 1489 Grand Total Hours: 978 4633 1114 4935 Tireactivity Page 2 RECERVED RECEIVED of r MAIR 0 5 7"11 ri to tto CITY A0!'A1N1§�RA-119N MAR HEALTH&ENVIRONMENTAL CONTROL DEPARTMENT Keith Allen,Director/Health Officer 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 March 20,2018 Honorable City Council City of Vernon Vernon,California Honorable Members: Attached is a listing highlighting the monthly activities for the Health and Environmental Control Department which cover the period from February 1, 2018 through February 28, 2018. Respectfully submitted, Keith Allen Director Excfusivefy Industriaf �1.qq OF vER1ypN DEPAjR�,�� PROMOTE �A 4 ti & 44�v HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT MONTHLY REPORT FEBRUARY, 2018 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, 49 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 11 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 11 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 engaged in regular conference call and in-person 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. UNDERGROUND TANK PROGRAM No underground storage tanks were removed during the month. A total of three USTs were inspected, yielding one violation,which was corrected. FOOD PROGRAM Staff conducted inspections of the food facilities throughout the City as part of a routine basis by the Department. No major violations were noted during these inspections. Environmental Health Specialist Erik Cheng conducted several plan checks and construction inspections of proposed remodeling and new construction for food facilities. Erik also monitored construction progress of new food facilities. ENVIRONMENTAL PROTECTION Health Department staff inspected 23 garment manufacturing facilities and found no major violations. Greater LA County Vector Control District(GLACVCD) continues to provide mosquito control services throughout the City. For all mosquito related complaints and services, please call the GLACVCD at (562) 944-9656. The City has this information available on the Health Department's website as well. SOLID WASTE PROGRAM Environmental Health Specialist Gloria Valdivia 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 yielded two emergency responses; 100 gallon fuel additive release at an oil production plant, hazmat spill of corrosive material on District & 50'" St from a leaking truck, a fire sprinkler discharge at a food processor, a fire sprinkler discharge at a food processor, a fire sprinkler discharge at a food warehouse, and spilled coolant at a rail yard. MISCELLANEOUS The Department continues to work with IT on upgrading the Envision Connect system. Envision Connect is the field inspection computer software that the Department uses to perform inspections and conduct permit billing. END -*)czPP CALIFORNIA DEPARTMENT OF PUBLIC HEALTH FOR IMMEDIATE RELEASE February 14, 2018 PH 18-012 CONTACT: Corey Egel 1916.440.7259 1 CDPHpress@cdph.ca.gov Consumers Warned about Certain Cactus Imported from Mexico due to Health Risk SACRAMENTO—The California Department of Public Health (CDPH) and the California Department of Pesticide Regulation (DPR) today warned people not to eat cactus pads, or nopales, imported from Mexico sold at specific retail and wholesale locations around the state due to the presence of unapproved pesticides. Routine surveillance samples collected by DPR inspectors found various pesticides, including dimethoate, omethoate, monocrotophos and methidathion, at levels that pose a health risk to humans. Both monocrotophos and methidathion have been banned for food use in the United States for several years. "Anyone feeling ill after consuming cactus products should consult their health care provider," said CDPH Director and State Health Officer Dr. Karen Smith. "The symptoms of acute poisoning may include sweating, headache, weakness, nausea, vomiting, hypersalivation, abdominal cramps, and diarrhea. Consumption of monocrotophos can lead to neurotoxicity and permanent nerve damage." DPR sampled contaminated cactus pads that were offered for sale to consumers and wholesale customers between January 23-29 at the following locations: • Rancho San Miguel Markets, Madera • La Monarca Market, Lower Lake • FreshPoint Central California, Turlock • Arteaga's Food Center, Sacramento • Stater Bros. Distribution Center, San Bernardino • S&L Wholesale Produce, San Francisco DPR immediately removed the cactus pads it could locate from store shelves and distribution centers. The items were quarantined or destroyed so that they do not pose a threat to consumers. However, DPR believes it is possible that some of the cactus pads may have been sold to other stores in California, Nevada and Oregon. The tainted produce was packaged with the brand names "Mexpogroup Fresh Produce," "Aramburo," or "Los Tres Huastecos". "Many Californians eat cactus as part of their diet, but the pesticide levels we have found at some specific locations are concerning," said Brian Leahy, DPR director. "We are not aware of any illnesses that have been reported to date, but we suggest that anyone who bought this product from these locations recently, return it to the place of purchase or dispose of it in the garbage." Washing or peeling the cactus is not effective and people should not try to salvage any of this contaminated produce. CDPH and CDPR have alerted the U.S. Food and Drug Administration about the issue Consumers that observe the product being offered for sale are encouraged to report the activity to the CDPH toll free complaint line at (800) 495-3232. www.cdph.ca.gov of J 2M R!F VitoCITY ADP4INISTR ATION 13 2018 MAR ; CITY CLERK'S OFFICE } 6' POLICE DEPARTMENT 9-113„11 Anthony Miranda, Chief of Police 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323)587-5171 Fax (323) 826-1481 March 1, 2018 Honorable City Council City of Vernon Vernon, California Honorable Members: Attached are copies of the Vernon Police Department Activity Log and Statistical Summary of Arrest and Activities which cover the period from 12:01 a.m., February lb, 2018 up to and including midnight of February 28, 2018. Respectfully submitted, VERNON POLICE DEPARTMENT ck�� ANTHONY MIRANDA CHIEF OF POLICE AM/ar E,XcfusiveG Industrial VERNON POLICE DEPARTMENT Department Activity Report First Date: 0 211 612 01 8 Jurisdiction: VERNON Last Date: 02J2812018 Department Complai► l All Units Priniarl' Unit Tlpe Description N'PIl 10-6 OFFICER IS 10.6 C7,961,962,10-10,WASH, EQUIPR 127 119 10-96H PICK UP THE JAIL PAPER WORK FROM HP JAIL 3 2 10-96M 10-96 MARY(MAIL DETAIL) 5 4 140 SUPPLEMENTAL REPORT 3 2 148 OBSTRUCTION OF JUSTICE 6 1 166R COURT ORDER VIOLATION REPORT 2 1 20001 INJURY HIT AND RUN 2 1 20002 NON-INJURY HIT AND RUN 2 1 20002R NON-INJURY HIT AND RUN REPORT 20 8 21 IIR ROBBERY REPORT 2 1 242 BATTERY 3 1 242R BATTERY REPORT 4 1 273.5 DOMESTIC VIOLENCE 4 1 415 DISTURBING THE PEACE 6 2 417R BRANDISHING A WEAPON REPORT 3 7 422R TERRORIST THREATS REPORT 4 2 459A AUDIBLE BURGLARY ALARM 140 67 459R BURGLARY REPORT 1 1 459VR BURGLARY TO A VEHICLE REPORT 5 2 484 PETTY THEFT 10 3 484R PETTY THEFT REPORT 6 4 487R GRAND THEFT REPORT 4 3 586 PARKING PROBLEM 33 27 594R VANDALISM REPORT 4 602 TRESPASS 14 7 901 UNKNOWN INJURY TRAFFIC COLLISION 4 1 901T INJURY TRAFFIC COLLISION 12 4 901TR INJURY TRAFFIC COLLISION REPORT 1 1 902T NON-INJURY TRAFFIC COLLISION 33 20 902TR NON-INJURY TRAFFIC COLLISION REPORT 3 2 909C TRAFFIC CONTROL 4 3 909E TRAFFIC ENFORCEMENT 17 12 909T TRAFFIC HAZARD 1 1 911 911 MISUSE/HANGUP 6 4 911A CONTACT THE REPORTING PARTY 7 6 917A ABANDONED VEHICLE 3 3 925 SUSPICIOUS CIRCUMSTANCES 34 14 A459 ATTEMPT BURGLARY 2 1 AGTAR ATTEMPT GRAND THEFT AUTO REPORT 1 1 ASTVFD ASSIST VERNON FIRE DEPARTMENT 26 13 BOSIG BROKEN SIGNAL OR LIGHT 3 2 BOVEH BROKEN DOWN VEHICLE 17 12 CITCK CITATION CHECK 2 2 CODE5 SURVEILLANCE/STAKE-OUT 5 1 COP COP DETAIL 3 2 DARE D.A RE ACTIVITIES 1 1 DEMOSTRA DEMONSTRATION 6 4 DET DETECTIVE INVESTIGATION 34 16 0"1/2018 07:12:51 Page f of VERNON POLICE DEPARTMENT Department Activity Report First Date: 02/16/2018 birisdiCti011: VERNON Last Date: 02128/2018 Department Complaint All Units Priniarl- Unit Tlpe Description %'PD DETAIL DETAIL 3 3 DPTAST DEPARTMENTAL ASSIST 6 4 FILING OFFICER IS 10-6 REPORT WRITING 65 62 FOUND FOUND PROPERTY REPORT 3 1 FU FOLLOW UP 9 9 GTAR GRAND THEFT AUTO REPORT 1 1 HBC HAILED BY A CITIZEN 11 6 JAILPANIC TEST THE JAIL PANIC ALARM BUTTON 1 1 k9 TRAINING K9 TRAINING REMINDER,OBTAIN LOCATION 1 1 LOCATE LOCATED VERNON STOLEN VEHICLE 1 1 LOJACK LOJACK HIT 1 1 MISPR MISSING PERSON REPORT 1 1 MUTUAL AID MUTUAL AID 6 7 PANIC ALARM PANIC ALARM/DURESS ALARM 2 1 PAPD PUBLIC ASSIST-POLICE 6 5 PATCK PATROL CHECK 116 101 PEDCK PEDESTRIAN CHECK 71 41 PLATE LOST OR STOLEN PLATES REPORT 2 1 PRSTRAN PRISONER TRANSPORTED 12 12 REC. RECOVERED STOLEN VEHICLE 10 3 RECKLESS OF RECKLESS DRIVING(23103) 4 3 REPO REPOSSESSION 4 4 ROADRAGE ROAD RAGE 3 1 RR RAIL ROAD PROBLEM 2 1 SPEED SPEED CONTEST OR SPEEDING(23109) 7 2 TEST TEST CALL 2 7 TRAFFIC STOI TRAFFIC STOP 161 126 UNATTACHED UNATTACHED TRAILER 1 1 VCK VEHICLE CHECK 81 65 VEH RELEASE VEHICLE RELEASE 2 2 VMCVIO VERNON MUNICIPAL CODE VIOLATION 3 2 WARRANT WARRANT ARREST 1 1 WELCK WELFARE CHECK 23 9 Department: 1260 868 Overall: 1260 868 0310112018 07:12:51 Page of VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 02/28/18 TRAFFIC COLLISIONS NO. PROPERTY RECOVERED TOTAL 19 VEHICLES: S3.500.00 NON-INJURY 12 INJURY 7 Pedestrian 1 Fatalities City Property Damage 3 Hit & Run (Misdemeanor) 4 Hit & Run (Felony) 1 Persons Injured 9 VEHICLES STORED PROPERTY RECOVERED FOR Unlicensed Driver l OTHER DEPARTMENTS Abandoned/Stored Vehicle 6 VEHICLES: S14,000.00 Traffic Hazard 2 CITATIONS Citations Iss (Prisoner Release) 13 Citations Iss (Moving) 101 Citations Iss (Parking) 47 Citations Iss (Total) 148 Hazardous 59 Non-Hazardous 41 Other Violations 1 CASES CLEARED BY ARREST AR18-058 CR18-0227 459 PC AR18-060 CR18-0262 484(A) PC AR18-061 CR18-0264 1 1364(A) HS AR 18-063 CR 18-0272 10851(A) PC AR 18-064 CR 18-0278 594(A)(1) PC AR18-066 CR18-0279 166(A)(4) PC AR 18-069 CR 18-0293 459 PC AR 18-070 CR 18-0300 273.5(A) PC VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING: 2/28/2018 ADULT FELONY ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL ASSAULT WITH A DEADLY WEAPON BURGLARY T 2 2 GRAND THEFT AUTO 1 1 INFLICT CORPORAL INJURY ON SPOUSE 1 1 THREATED CRIME WANTENT TERRORIZE WARRANT VERNON CASE 1 1 2 WARRANT (OUTSIDE AGENCY) TOTAL FELONY ARRESTS 4 2 6 ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS _ MALE FEMALE TOTAL CONTEMPT OF COURT 1 _ 1 DISORDERLY CONDUCT DRIVING UNDER THE INFLUENCE 3 3 PETTY THEFT 1 1 POSSESS CONTROLLED PARAPHERNALIA 1 1 VANDALISM 2 _ 2 WARRANT (VERNON CASE) _ 2 2 WARRANT (OUTSIDE AGENCY:. 4 4 TOTAL MISD. 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O p O O O d N LP U O P •�• r N O � t N N O O 'k❑ Q❑ as da O>Nr r- Q co ro N (S rn ai o of o LP Iq o o (n 04 N N LD o w O � N Z co c h m uwi ellco cn Z � M V ^ t N th N M An w Z Z j LUw w >¢ w > > Z p �j co j = = o I` H H N N + ❑ O O U > w ¢ � w • N N ` = W W Q Z Z W Z Z = ¢ ¢ W LL fn N f� W ¢ _ � J ¢ W Z 2 Z rn Q W 0 � ¢ W D ¢ J - < M W C¢J A q ❑ ❑~ ¢ ❑ W ❑ W Z ❑ N J w Q� � G U (7Uw W � 2 �1 ~ C) 0 0 0 0 Q co w > > > > > > > > > CL> > A Pco 00 N r o o N r •�y N N N 0 V .. co � co :a r` N p N W N W r O O P ❑ oL% a C�, �I = z LLI N F A ❑ a o ti N F `� F •� ` oo °� � n RECEIVED RECEIVED MAR 15 2018 MAR 12 2018 � CITY CLERK'S OFFICE STAFF REPORT CITY A+]Mr'ufsTRArrOM PUBLIC WORKS DEPARTMENT , Z -IY- I DATE: March 5,2018 TO: Honorable Mayor and City Council FROM: Daniel Wall,Director of Public Works t Originator: Wendy Herrera,Permit Technician RE: MONTHLY BUILDING DEPARTMENT REPORT Enclosed herewith is the Monthly Building Report for the month of February 2018.Thank you. -' City of Vernon Building Department N , ` Monthly Report from 2/112018 to 212 812 0 1 8 Type Value #of Permits Commercial- Remodel $61,200.00 2 Electrical $2,480,389.00 12 Industrial -Addition $48,000.00 1 Industrial- Remodel $44,000.00 4 Mechanical $361,000.00 5 Miscellaneous $703,100.00 15 Plumbing $182,790.00 7 Roof $265,250.00 3 February 2018 TOTALS PERMITS: $4,145,729.00 49 PREVIOUS MONTHS TOTAL $5,887,530.00 56 YEAR TO DATE TOTAL $10,033,259.00 105 February 2017 TOTALS PERMITS: $2,478,577.00 37 PREVIOUS MONTHS TOTAL $2,169,450.00 36 PRIOR YEAR TO DATE TOTAL $4,648,027.00 73 ! r iel Wall Director of Public Works City of Vernon Building Department * Major Projects from 2/1/2018 to 2/28/2018 Valuations >20,000 Permit No. Project Address Tenant Description Job Value Commercial -Remodel B-2017-2145 2520 ALAMEDA ST Cafe Dulce Tenant improvement of exisiting 60000 APN 6302009045 first floor core and shell space to be a 1192 sf coffee shop 1 Record(s) $60,000.00 Electrical B-2017-1961 2651 45TH ST CRL-US Aluminum Provide electrical service to 283129 APN 6308005021 building. Provide electrical lighting in warehouse and electrical to package units on roof. Provide electrical for tenant improvement areas-lights, plugs ect. B-2017-1957 2716 VERNON AVE Provide electrical service to 207700 APN 6308005018 building. Provide electrical lighting in warehouse and electrical to package units on roof. Provide site light. Provide electrical to tenant improvement areas-lighting, plugs etc_ B-2017-2333 4380 AYERS AVE Switchboard and panel schedule 1800000 APN 6304001018 equipment installation and modification. B-2017-2265 5801 2ND ST Solar photovoltaic on commercial 144200 APN 6308018023 rooftop 198 kw pc 4 Record(s) $2,435,029.00 Industrial -Addition B-2017-1996 3336 FRUITLAND AVE Jobbers Meat New shipping office. New raised 48000 APN 6310002015 Packing floor and new canopy. 1 Record(s) $48,000.00 Industrial -Remodel B-2018-2498 5563 ALCOA AVE My1Mo Mochi New boiler room. Build out 301nft of 22000 APN 6310008008 36' high wall w12 openings. 1 Record(s) $22,000.00 Mechanical B-2017-1958 2716 VERNON AVE Provide (6) mechanical roof top 150000 APN 6308005018 units. Provide exhaust fans in warehouse(2) provide unit heaters in warehouse. Provide ducting, registers etc for office build out. B-2017-1962 2651 45TH ST CRL-US Aluminum Provide mechanical roof top 95000 APN 6308005021 package units (10)on roof. Provide exhaust fans in warehouse(2) provide unit heaters in warehouse. Provide ducting, registers, etc for office build out. B-2018-2440 2200 27TH ST Refrigeration equipment and 60000 APN 6302007026 installation. B-2018-2502 5563 ALCOA AVE Installation of a parker 48 HP 50000 APN 6310008008 boiler. FIW B-2018-2428. 4 Record(s) $355,000.00 Miscellaneous B-2018-2504 4525 DISTRICT BLVD Remove damage asphalt in parking 114940 APN 6304020021 lot. Install new concrete paving. B-2018-2460 3751 SEVILLE AVE Fashion Nova Interior storage racks — See fire 95000 APN 6302020040 permit F-2018-0871 for high pile storage B-2018-2500 1840 27TH ST Proposed pump room 35000 APN 6302009028 B-2018-2480 5300 BOYLE AVE New foundations 40000 APN 6310008020 B-2017-2379 1840 27TH ST Interior storage racks. See fire 295000 APN 6302009028 permit F-2017-0850 for high pile storage B-2018-2454 3883 SOTO ST FJ Food Service Install new support structure and 25000 APN 6302020059 foundation to support to evaporator from coils. B-2018-2514 5555 DISTRICT BLVD Structural foundations for new 30000 APN 6314019013 substation 7 Record(s) $634,940.00 Plumbing B-2017-2283 2500 ALAMEDA Dulce Hot and cold water lines, sewer 30000 APN 6302009043 lines and gas lines for kitchen equipment. New coffee,donut shop plumbing B-2018-2529 3883 SOTO ST Pipe re hang and install over oven, 125000 APN 6302020059 new floor drains, new sink.Above ground piping. 2 Record(s) $155,000.00 Roof B-2018-2560 2419 28TH Recover 6,500 sq.ft. of existing 55500 APN 6302004021 roof with an R-30 (2 layers of 2.6") Polyiso insuiation fully adhered and 60 mil PVC fully adhered. B-2018-2530 4330 26TH ST Re-roof 170000 APN 5243019010 B-2018-2522 4770 49TH ST Title 24 compliant white roof 39750 APN 6304016008 coating system to 23,000 s.f. industrial building using 6 gallons of emulsion, 1 ply polyester& 3 gallons of tropical 911 white roof coating. 3 kecard(s) $265,250.00 23 Permit(s) Total $3,975,219.00 Daniel all Director of Public Works 3 City of Vernon Building Department Demolition Report-February 2018 None aniel WWI Director of Public Works City of Vernon Building Department ,a New Buildings Report-February 2018 None ( i aniel Wall Director Public Works City of Vernon Building Department ' Status of Certificates of Occupancy Requests Month of February 2018 Request for Inspection 20 Approved 18 Pending 401 Temporary Occupancies 24 ;a lei II Director of Public Works City of Vernon Certificate of Occupancy Issued Date From 2/1/2018 to 2/28/2018 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet 2/1/2018 C-2018-0885 2620 LEONIS BLVD JOILUV, INC. Office use/sample 385.00 970 APN 6308003020 design 2/1/2018 C-2016-0501 4383 FRUITLAND AVE Nabi Textile, Inc Warehousing of 300.00 2700 APN 6304026002 fabric 2/1/2018 C-2017-0735 4871 SANTA FE AVE Beauty Star, Inc. Warehousing of 689.00 42740 APN 6308015044 general merchandise 2/1/2018 C-2017-0842 2021 49TH ST 8Pril, Inc. dba Luna Rora Office use 385.00 800 APN 6308015074 2/1/2018 C-2017-0857 2115 ANDERSON ST G.Ahn Island, Inc. Warehousing of 385.00 3000 APN 6308019030 garments 2/1/2018 C-2017-0876 3305 VERNON AVE Mr. Grim Company dba Office use 385.00 75 APN 6303006071 Prime Foods Group 2/1/2018 C-2017-0818 5233 ALCOA AVE Cadogan Tate Los AngelesWarehousing of 1,207.00 136692 APN 6310008015 Limited furniture and artwork 2/7/2018 C-2018-0921 4480 PACIFIC BLVD American Hi-Fi Industrial 26Nholesale 0.00 29700 APN 6308005012 Inc. import/export of electronic equipment & repair 2/8/2018 C-2017-0831 3751 SEVILLE AVE Fashion Nova, Inc. Warehousing of 1,207.00 177552 APN 6302020040 garments 2/12/2018 C-2017-0828 2508 ALAMEDA Pepi Company of CalifomiaKitchen catering 385.00 1160 APN 6302009043 LLC dba Alonti Catering 2/14/2018 C-2016-0563 5203 DOWNEY RD West Pico Distribution, LLONarehousing of food 689.00 25194 APN 6310002011 products 2/26/2018 C-2017-0800 4415 BANDINI BLVD GT's Living Foods LLC Manufacturing of 1,207.00 260000 APN 5243018013 RTD products 2/26/2018 C-2017-0799 4600 SANTA FE AVE Precision Agritechnologies Office use 2,414.00 23000 APN 6308007008 LLC dba Local Roots Farms 2/26/2018 C-2017-0716 2317 38TH ST Vernon Central WarehouseFood processing 300.00 19678 APN 6302014013 Inc. dba Sweetener Products Company 2/26/2018 C-2017-0717 2050 38TH ST Vernon Central WarehouseOffice and food 300.00 109340 APN 6302017050 Inc. Dba Sweetener processing Products Company 1 ssued Permit No. Project Address Tenant Description Fees Paid Square Feet 2/26/2018 C-2017-0719 2309 38TH ST Vernon Central WarehousePalletizing packaged 300.00 10800 APN 6302014013 Inc. dba Sweetener sugars Products Company 2/27/2018 C-2017-0868 2303 55TH ST MI Logix, Inc Warehousing of 885.00 36000 APN 6308016028 garments 2/28/2018 C-2017-0874 2544 ALAMEDA ST Milberg Inc. dba Burgerim Restaurant 770.00 1800 APN 6302009045 Total for Certificate of Occupancy: 12,193.00 881,201.00 Total Fees Paid 12,193 00 18 Permits(s) 2 City of Vernon Certificate of Occupancy Applications Date From 2/1/2018 to 2/2812018 Issued Permit No_ Project:Address Tenant Description Fees Paid Square feet C-2018-0917 4401 DOWNEY RD Mulberry Wealth Office use 385.00 100 APN 6303017022 Management, LLC C-2018-0918 4334 SANTA FE AVE Texwin Inc. Office use 385.00 2000 APN 6308006004 C-2018-0919 4368 BANDINI BLVD L.A. Lift Services, LLC. Forklift dealership 385.00 25000 APN 6304001021 C-2018-0920 4641 PACIFIC BLVD Fashion& People, Inc. Manufacturing 0.00 26400 APN 6308009027 C-2018-0922 4811 HAMPTON ST Dollar Kings Inc Warehouse 885.00 39243 APN 6308009030 C-2018-0923 4174 BANDINI BLVD Paper Source Converting & Warehouse of 1,770.00 40000 APN 6304003001 Mfg. material C-2018-0924 2851 44TH ST Lineage Logistrics LLC Food storage 1,046.00 60700 APN 6303013045 C-2018-0925 2045 VERNON AVE Lineage Logistics, LLC Cold storage 1,207.00 154628 APN 6302017024 C-2018-0926 3141 44TH ST Lineage Logistics, LLC Food storage 1.207.00 284000 APN 6303011049 C-2018-0927 4353 EXCHANGE AVE Lineage Logistics, LLC Food storage 1,046.00 84000 APN 6304021055 C-2018-0928 2279 49TH ST T& B Textile Inc. dba Office use 385.00 800 APN Trendy Design C-2018-0929 4720 DISTRICT BLVD Wrap Up Inc. Garment printing 885.00 5940 APN 6304015002 C-2018-0930 4720 DISTRICT BLVD Bertet Investment Group, Furniture household 885.00 6000 APN 6304015002 LLC goods C-2018-0931 4480 PACIFIC BLVD Second Generation Inc dba Warehousing 885.00 10000 APN 6308005012 Bebop, fishbowl C-2018-0932 4424 PACIFIC BLVD Epris Inc. Warehousing 885.00 16000 APN 6308007018 general merchandise C-2018-0933 4330 26TH ST Experior Global Warehousing 885.00 48175 APN 5243019010 Warehousing storage goods C-2018-0934 4461 SANTA FE AVE Curious Apparel Manufacturing and 885.00 20000 APN 6308012016 warehouse 1 Issued Permit No. Proiect Address Tenant Description Fees Paid Square Feet C-2018-0935 2882 54TH ST IJ Industrial, Inc. dba Tina& Warehousing and 885.00 5375 APN 6310010007 Jo design wholesale C-2018-0936 2851 44TH ST Lineage Logistrics, LLC Food storage 0.00 60700 APN 6303013045 C-2018-0921 4480 PACIFIC BLVD American Hi-Fi Industrial 26, Wholesale 0.00 29700 APN 6308005012 Inc. importlexport of electronic equipment & repair Total for Certificate of Occupancy: 14,896.00 918,761.00 20 Permits(s) Total Fees Paid 14,896 00 2 J'v 1 RECEIVED 1 , f+ 1 R E C--C MAR 14 2018 MAR 15 2018 STAFF REPORT CITv 1 U)NI NISTRATION CITY CLERK'S OFFICE PUBLIC WORKS DEPARTMENT �t DATE: March 20, 2018 TO: Honorable Mayor and City Council FROM: Daniel Wall, Director of Public Workls —V-�; Originator: Vincent A. Rodriguez, Public Works Project Coordinator RE: Contract Award for City Contract No. CS-0910: PCC and Asphalt Pavement Reconstruction for Fire Stations 76 and 78. Recommendation A. Find that the proposed Capital Improvement Project at Fire Station No's 76 and 78 along Fruitland Avenue and Soto Street is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15302, Replacement or Reconstruction, Class 2, because the project consists of 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. Accept the bid from Nobest 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 $922,011 for the PCC and Asphalt Pavement Reconstruction for Fire Stations 76 and 78 Project (CS-0910); and D. Authorize a contingency of $100,000 in the event of an unexpected changed condition or additional work requested by the Fire Department in the project and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount, if necessary. Background The proposed project consists of removal and reconstruction of the existing Portland Cement Concrete, driveway approaches, asphalt pavement, sidewalk, longitudinal gutter and ADA Ramps. Also cold plane (grind) the existing asphalt 3-6 inches and pave back with new asphalt concrete paving at Fire Stations 76 and 78. All work will be done per the 2015 edition of the Standard Specifications for Public Works Construction and its supplements. The project will take place at the following locations: • 3375 Fruitland Avenue—Fire Station No. 76 • 2800 Soto Street—Fire Station No. 78 On February 14, 2018, the City Administrator authorized the advertisement of the Notice Inviting Sealed, Competitive Bids for the PCC and Asphalt Pavement Reconstruction For Fire Stations 76 and 78 Project. 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, McGraw-Hill Construction. The Notice Inviting Bids published included the City's standard contract template as approved by the City Council. The bids for Contract No. CS-0910, PCC and Asphalt Pavement Reconstruction for Fire Stations 76 and 78 Project, were received and opened on March 8, 2018. The calculated results were as follows: 1. Nobest, Inc. $ 922,011.00 2. All American Asphalt $ 929,500.00 3. Sully-Miller $ 981,000.00 4. FS Contractors $ 1,049,854.00 5. PALP Inc. (Excel) $ 1,164,584.00 6. Vida Samarzich, Inc. $ 1,178,266,00 7. Kalban, Inc. $ 1,193,647.50 8. Access Pacific, Inc. $ 1,194,304.12 9. Geronimo Concrete, Inc. $ 1,455,526.70 The Public Works Engineering division staff has analyzed the bids and is now recommending that a construction contract be awarded to Nobest, Inc. in the amount of $922,01 1. 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 $100,000 contingency in the event of unexpected changed conditions in the project. Fiscal Iunyact Funding for this project was not budgeted but there are adequate funds to cover the costs of construction. Funds will be taken from the Public Works Capital Improvement Budget. Attachment(s) 1. Contract Agreement No. CS-0910 Paue 2 of 2 STANDARD FORM OF CONSTRUCTION CONTRACT BETWEEN CITY AND CONTRACTOR This Agreement is made and entered into at Vernon, California this_day of 20 J by and between the CITY OF VERNON, a chartered municipal corporation (hereinafter 'City') and Nobest, Inc., a California corporation (hereinafter 'Contractor'), for construction of PCC and Asphalt Pavement Reconstruction for Fire Stations 76 and 78. THE PARTIES HERETO AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS The'Contract Documents'except for modifications issued after execution of this Agreement,shall consist of the following documents which are either attached hereto as exhibits or are incorporated into this Agreement by this reference, with the same force and effect as if set forth at length herein: A. Governmental Approvals including, but not limited to, permits required for the Work B. This Agreement C. Exhibit A—General Conditions D. Exhibit 1 —Performance Bond E. Exhibit B—Special Provisions Specific for this Project F. Exhibit C—Living Wage Provisions G. Exhibit D—Equal Employment Opportunity Practices Provisions H. Exhibit E—Standard Plans I. Notice Inviting Bids; J. Instructions to Bidders; K. Bid Forms; L. Designation of Subcontractors;and M. Bidding Addenda Nos.—N/A—. 2. REFERENCE DOCUMENTS The following Reference Documents are not considered Contract Documents and were provided to the Contractor for informational purposes. Contractor may rely upon the technical data contained in such documents but not upon non- technical data, interpretations,opinions or provisional statements contained therein: A. City of Vernon Standard Plans 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: PCC and Asphalt Pavement Reconstruction for Fire Stations 76 and 78 Contract CS-0910 4. TIME FOR PERFORMANCE Contract Time. Contractor shall achieve Substantial Completion of the Work within 45 calendar days from the Date of Commencement established in City's written Notice to Proceed ("Contract Time'), subject to adjustment in accordance with the Contract Documents. Contractor shall achieve Final Completion of the Work, within the time established by the Certificate of Substantial Completion issued by the City. The Contract Time may only be adjusted as permitted by this Construction Contract and the General Conditions. Time is of the essence of this Agreement. Except when the Contract Documents state otherwise,time is of the essence in the performance of the Work. Contractor acknowledges that the time limits and deadlines set forth in the Contract Documents are reasonable for Contractor to perform and complete the Work. Liquidated Damages. If Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time for Substantial Completion,Contractor shall pay City as liquidated damages the amount of one thousand five hundred dollars ($1,500.00) per day for each calendar day occurring after the expiration of the Contract Time for Substantial Completion until Contractor achieves Substantial Completion of the entire Work, as required by Article 3 of the General Conditions of Contract. Contractor Initial here: 5. CONTRACT SUM In consideration of the Contractors full,complete,timely,and faithful performance of the Work required by the Contract Documents, City shall pay Contractor the sum of Nine Hundred Twenty Two Thousand and Eleven Dollars/no cents(S 922.011).payable as set forth in the General Conditions('Contract Sum'). IN WITNESS WHEREOF,the parties have caused this Contract to be executed the date and year first above written. Executed at Califomia (Contractor's Corporate Seal) [Contractor]: By: An Authorized Signatory Printed Name: Title: Dave CITY OF VERNON: APPROVED AS TO FORM: By: By: Name: Name: Title: Title: Date: ATTEST: By: Name Title: CONTRACTOR'S SIGNATURE MUST BE NOTARIZED EXHIBIT A GENERAL CONDITIONS ARTICLE 1 - PRELIMINARY PROVISIONS 101 DEFINITIONS The following words shall have the following meanings: A. Allowance. A line item cost estimate established by the City to be carried in the Base Bid sum,Contract Sum, and Schedule of Values for Payment for a particular item of Work, which cannot be sufficiently defined so as to allow the Contractor to adequately determine fair value before the Bid Deadline. Allowances include estimated amounts established by the City for certain construction elements that have not yet been fully designed or authorized for inclusion in the Work or to permit deferred approval or selection of actual materials and equipment to a later date when additional information is available for evaluation B. As-Builts. The documents prepared by Contractor showing the condition of the Work as actually built, including, without limitation, all changes and the exact locations of all mechanical, electrical, plumbing, HVAC or other portions of the Work that are shown diagrammatically in the Contract Documents. C. Base Bid. The total sum stated in the Bid Form for which the Bidder offers to perform Work described in the Contract Documents as the base Contract Work(e.g.not designated as part of a Bid Alternate). D, Bid. A complete and properly executed offer by the Bidder on City-prescribed forms to perform the Work for the prices stated in response to the Notice Inviting Bids. E. Bid Alternate. An item of Work described in the Contract Documents as an Alternate Bid that will be added to or deducted from the Base Bid and the Contractor's responsibility only if the City accepts the Bid Alternate. F. Bid Forms: The City-prescribed forms which the Bidder shall complete and use to submit a Bid. The Bid Forms include: (1) Bidder's Proposal;(2)Schedule of Bid Prices; (3)Incumbency Certificate; (4) Bid Bond; (5) Bidder's Statement of Qualifications; (6) Experience Form; (7) Trades Experience Form;(8)Contractor Safety Questionnaire; (9) Designation of Subcontractors; (10)Affidavit of Non- Collusion; (11) Insurance Requirements Affidavit; and (12) forms included in the Specification required by the type of project funding(e.g.federal,ARRA, HUD, etc.). G. Bidder. The individual,partnership,firm,corporation,joint venture or other legal entity submitting a bid on these Contract Documents or any part thereof. H. Bidding Documents. Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of:(1)Notice Inviting Bids;(2)Instructions to Bidders; and (3) Bid Forms. The proposed Contract Documents consist of: (1)the Bidding Requirements; (2) the Construction Contract Between City and Contractor; (3)the Conditions of the Contract(General, Supplementary, and Special, if applicable); (4) all Exhibits to the Contract; (5) the Drawings; (6) the Specifications; (7) all Addenda issued prior to the execution of the Construction Contract; (8) all Modifications issued after the execution of the Construction Contract;and(9)Governmental Approvals, if any,including but not limited to,permits. 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 10 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 staled in the Construction Contract that is payable to Contractor for the complete performance of the Work in accordance with the Contract Documents. P Contract Time. The total number of days set forth in the Construction Contact within which Substantial Completion of the Work must be achieved beginning with the Date of Commencement established in the Notice to Proceed, subject to adjustments in accordance with the terms of the Contract Documents. The Contract Time for Contractor's performance of the Work is measured in calendar days(not work days). 0 Contractor. The individual,partnership,firm,corporation,joint venture or other legal entity with whom the Contract is made by City,or the agent or legal representative who may be appointed to represent 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. c 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.City Holidays are as follows: 1.January 1st-New Year's Day 2. The 3rd Monday in January-Martin Luther King,Jr. Day 3.The 3rd Monday in February-Presidents Day 4. March 31 st-Cesar Chavez Day 5.The last Monday in May-Memorial Day 6.July 4th-Independence Day 7.The first Monday in September-Labor Day 8.The second Monday in October-Columbus Day 9. November 11 th-Veterans Day 10.The 4th Thursday in November-Thanksgiving Day 11. December 24th-Christmas Eve 12. December 25th-Christmas Day 11 December 31 st-New Year's Eve U Director.The Director of the Department of Public Works of the City of Vernon or his/her duly appointed representative. V. Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work,generally including plans,elevations, sections, details, schedules,and diagrams. W. Extra Work. New or unforeseen work will be classified as Extra Work when determined by the City that the work is not described in,or reasonably inferable from, the Contract Documents, the work is not covered by any Bid line item or Allowance, and the work causes Contractor to incur additional and unforeseen costs. X. Field Directive. See,"Work Directive." Y. Final Completion. Final Completion is the stage of performance of the Work when (1) all Work required by the Contract Documents has been fully completed in compliance with the Contract Documents and all applicable laws including,but not limited to,correction or completion of all punch list items noted by City upon Substantial Completion; (2) Contractor has delivered to City an Application for Final Payment and ail closeout documentation required by the Contract Documents; and(3)documentation of all final Governmental Approvals has been submitted to City including, but not limited to a final Certificate of Occupancy or equivalent Building Department sign-off has been issued covering the entire Project site without exception or conditions. Z. Force Majeure. "Force Majeure" includes but is not limited to declared or undeclared war, sabotage, insurrection, riot, or other acts of civil disobedience, labor disputes, fires, explosions, floods, earthquakes or other acts of God. AA Fragnet. The sequence of new activities that are proposed to be added to an existing schedule. BB Governmental Approval. Any approval, authorization, inspection, certification, consent, exemption, filing, permit, registration, plan check, ruling or similar authorization required by any federal, state or local law,regulation or procedures in order for Contractor to perform the Work. CC Guarantee. Assurance to City by Contractor or product manufacturer or other specified party, as guarantor, that the specified warranty will be fulfilled by the guarantor in the event of default by the warrantor. DD Modification. A Modification is: (1) a written amendment to Contract signed by both parties; (2) a Change Order;or(3)a Construction Change Directive. EE Notice to Proceed. The Notice to Proceed is a document issued by the City fixing the date for Commencement for the Work. FF. Parties. The City and Contractor may be referred to in the Contract Documents from time to time as the Parties. GG. Permit Fees. Governmental Approvals and Utility Fees as required by any agency to be paid by the City of Vernon. HH Section Intentionally Omitted II. Project. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the City or by separate contractors. JJ. Project Manual/Contract Package. The volumes of Contract Documents and reference documents assembled for the Work made available to Bidders KK Record Documents. The Drawings, Specifications, addenda, requests for information, bulletins, Change Orders and other modifications to the Contract Documents, approved shop drawings, product data, samples, mock-ups, permits, inspection reports, test results, daily logs, schedules, subcontracts, and purchase orders. Records Documents shall include a set of"As-Built" Drawings and Specifications,which shall be continuously updated during the prosecution of the Work. ILL. Site. The physical area designated in the Contract Documents for Contractor's performance of the Work. MM Specifications. The Specifications are the volume(s) assembled for the Work that includes,without limitation, the Bidding Documents, the Construction Contract and Exhibits, the General Conditions, Supplementary and/or Special Conditions, if any, the "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2012 Edition),the Standard Plans for Public Works Construction (2009 Edition), State of California, Department of Transportation Standard Plans and Standard Specifications(2010 Edition),and the City of Vernon Standard Plans. NN Specifications. The Specifications are that portion of the Contract Documents consisting of the written requirements for malerials, 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. O Substantial Completion. Substantial Completion is defined to mean the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents as determined by the City so that the City can occupy and utilize the Work for its intended use and as further defined in the Contract Documents. PP. Unilateral Change Order. See'Work Directive." QQ. Utility Fees. The fees charged by any public, private,cooperative, municipal and/or government line, facility or system used for the carriage, transmission and/or distribution of cable television, electric power, telephone, water, gas, oil, petroleum, steam, chemicals, sewage, storm water or similar commodity including,but not limited to fees for temporary utilities and refuse hauling. RR. Warranty. Assurance to City by contractor, installer,supplier, manufacturer or other party responsible as warrantor, for the quantity, quality, performance and other representations of a product, system service of the Work. SS. Work. The term 'Work' means the construction and other services required by, and reasonably inferable from the Contract Documents, whether completed or partially completed, and includes all other labor, materials,equipment,and services provided or to be provided by the Contractor to fulfill the Contractor's obligations.The Work may constitute the whole or a part of the Project. TT. Work Directive, A Work Directive is a unilateral written order issued by the City directing Contractor to continue performance of the Work or to perform a disputed change in the Work prior to agreement or adjustment,if any, in the Contract Sum,Contract Time,or both. 1.02 REPRESENTATIVES A The Director shall be the representative of the City and, except as otherwise expressly provided herein,shall make all decisions and interpretations to be made by the City under the provisions of the Contract Documents. B. The Contractor shall at all times be represented on the Work in person or by a duly designated agent. Instructions and information given by the Director to the Contractors agent on the Work shall be considered as having been given to the Contractor. 1.03 PERMITS, INSPECTIONS, PLAN CHECKS, AND SIMILAR GOVERNMENTAL APPROVALS AND UTILITIES A. [ City of Vernon shall obtain all Governmental Approvals and Utility Fees required for the construction of the project. B. Contractor shall obtain a no-fee encroachment permit from the City of Vernon's Public Work, Water and Development Services Department. C. All documents evidencing Contractor's satisfaction with all Governmental Approvals and Utility Fees must be submitted to the City prior to submission of the Application for Final Payment. D. Where requirements of the Governmental Approvals differ from those of the Drawings and Specifications,the more stringent requirements shall apply. E. 104 LICENSES The Contractor shall apply for, obtain, and pay for all licenses required by governing authorities for the Work. Contractor shall apply and pay for a City of Vernon business license. 1.05 ALLOWANCES A Contractor shall include in the Contract Sum and Schedule of Values for Payment,the City's estimated cost established for each Work item covered by an Allowance stated in the Contract Documents. See Paragraph 1.01 for definition of Allowance. B The line item cost estimate established by the City for Work covered by an Allowance includes the cost to Contractor of: all materials and equipment,preparation of submittals;labor;transportation;delivery; handling;installation;supervision;overhead;profit;licenses;bonds;insurance;all sales,use and other taxes legally chargeable;and all other costs and expenses incidental to such Work. C. Work items covered by Allowances shall be supplied with such materials and equipment and for such prices approved in advance by City. Contractor shall notify and request City's approval of material equipment,and pricing information for Work covered by an Allowance before ordering the material or equipment and in sufficient time to avoid delay to the Work. City shall provide approval of materials, equipment,and prices with reasonable promptness. The material,equipment,and pricing information submitted by the Contractor to the City's Project Manager shall, at a minimum, include product data and detailed costs of material,equipment,and labor to complete such Work,itemized by costs incurred by Contractor and each subcontractor associated with the performance of such Work. Contractor shall not order materials or equipment or proceed with Work covered by an Allowance until the material, equipment, and pricing information for such Work items have been submitted to the City's Project Representative for review and the Contractor has received City's approval to proceed with a Work item covered by an Allowance. D. All expenditures for Allowance Work shall be separately itemized in each Application for Payment. E To the extent that the cost of Work items covered by an Allowance is less than the Allowance cost estimate established by the City,the Contact Sum shall be reduced by Change Order or Construction Change Directive to reflect the actual cost of the Allowance item. Similarly, to the extent the cost of Work items covered by an Allowance is greater than the Allowance cost estimate,the Contract Sum shall be increased by Change Order or Construction Change Directive to reflect the actual cost of the Allowance item. If Work items covered by an Allowance are not performed or the City deletes such items from the Scope of Work,the Contract Sum shall be reduced by Change Order or Construction Change Directive to deduct the Cost of the unused Allowance item. 106 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. 107 DATA TO BE FURNISHED BY THE CONTRACTOR The Contractor shall furnish the Director with such information as the Director may desire respecting the character of the materials and the progress and manner of the Work, including all information necessary to determine the Contractor's costs, such as the number of persons employed, their pay, the time during which they worked on the various classes of construction,and other pertinent data. 108 CONTRACT DRAWINGS The City will accept no responsibility for errors resulting from misinterpretation or scaling of the Drawings. 109 SPECIFICATIONS AND DRAWINGS A. The Contractor shall keep on the Work Site a copy of all Specifications, Drawings, and Change Orders pertaining to the Work and shall at all times give the Director access thereto. Anything mentioned in the Specifications and not shown on the Drawings or shown on the Drawings and not mentioned in the Specifications shall be of like effect as though shown or mentioned in both. B. In general, the Drawings will show dimensions, positions, and kind of construction; and the Specifications will define materials, quality, and standards. Any Work not particularly detailed, marked or specified,shall be the same as similar parts that are detailed,marked or specified. C. The Drawings shall not be scaled to determine dimensions, and in all cases shall be calculated from figures shown on the Drawings. Any discrepancies between scale and figured dimensions, not marked "not to scale," must be brought to the Director's attention before proceeding with the Work affected by the discrepancy. D, Omissions from the Drawings and/or Specifications shall not relieve the Contractor from the responsibility of furnishing, making, or installing all items required by law or code, or usually furnished,made or installed in a project of the scope and general character indicated by the Drawings and Specifications. E. For convenience, the Drawings and Specifications may be arranged in various trade subparagraphs, but such segregation shall not be considered as limiting the Work of any subcontract or trade. The Contractor shall be solely responsible for all subcontract arrangements of the Work regardless of the location or provision in the Drawings and Specifications. F. The City will fumish free of charge to the Contractor, a maximum of six(6)sets of Contract Drawings and Specifications. The Contractor shall pay for the costs of any additional sets or portions thereof. The Contractor shall be responsible to see that all sets are the same as the up-to-late 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 4. Special Conditions, if any 5. General Conditions 6. Specifications 7. Drawings 6. Bidding Requirements B With reference to the Drawings,the order of precedence is as follows: 1. Change Order Drawings 2. Addenda Drawings 3. Contract Drawings 4. Project Drawings 5. Standard Drawings 6. Detail Drawings 7. General Drawings Figures 9. Scaled dimensions C. Within the Specifications,the order of precedence is as follows: 1. Change Orders 2. Special Conditions 3. Project Technical Specifications 4. Standard Specifications, if any 5. Applicable Trade Association Specifications 1.11 NOTICE OF CONFLICTS If the Contractor, in the course of the Work, becomes aware of any claimed conflicts,errors or omissions in the Contract Documents or in the City's fieldwork or work of City's separate contractors, the Contractor shall immediately notify the Director in writing. The Director shall promptly review the matter, and if the Director finds a conflict,error or omission,the Director shall determine the corrective actions and advise the Contractor accordingly. If the correction associated with a conflict,error or omission increases or decreases the amount of Work called for in the Contract,the City shall issue an appropriate Change Order in accordance with the Contract Documents. After discovery of an error or omission by the Contractor, any related additional work performed by the Contractor shall be done at the Contractors risk unless authorized by the Director. 1.12 REPORTS A. Daily Construction Reports: The Contractor shall prepare a daily construction report recording the following information concerning events at Project site: 1. List of Subcontractors at Project site. 2. List of other contractors at Project site. 3. Approximate count of personnel at Project site. 4. Equipment at Project site. 5. Material deliveries. 6. High and low temperatures and general weather conditions, including presence of rain or snow. 7. Accidents. 8. Meetings and significant decisions. 9. Unusual events. 10. Stoppages,delays,shortages,and losses. 11. Meter readings and similar recordings. 12. Emergency procedures. 13. Orders and requests of authorities having jurisdiction. 14. Change Orders received and implemented. 15. Construction Change Directives received and implemented. 16. Services connected and disconnected. 17. Equipment or system tests and startups. 18. Partial completions and occupancies. 19. Substantial Completions authorized. 20. List of visitors to Project Site. 21. List of personnel at Project Site including names and job classifications. 22. Description of Work for the day including locations,quantities and related bid items. Immediately upon discovery of a difference between field conditions and the Contract Documents, the Contractor shall prepare and submit a detailed report through a Request for Information (RFI). Include a detailed description of the differing conditions,together with recommendations for a remedy. The Daily Construction Report must be: signed by Contracto(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 hislher 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 helshe 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. 114 RIGHT OF WAY A. The site for the installation of equipment or the right of way for the Work to be constructed under this Contract will be provided by the City. B. The City will provide the appropriate rights of way and property for pipelines and structures. Upon approval by the Director, the Contractor may,without cost, use portions of any of the City's rights of way or property which may be suitable for working space and for storage of equipment and materials. The Contractor will be held responsible for any damage to structures, streets, and roads, trees and landscaping,and for any damage that may result from his/her use of City property. C. In case areas additional to those available on the City's rights of way or property are required by the Contractor for his/her operations,he/she shall make arrangements with the property owners for the use of such additional areas at his/her own expense. 1 15 CONTRACTOR'S OPERATIONS/STORAGE YARD In the event the Contractor requires space for the storage andlor staging of construction materials, supplies, equipment,stockpiling of debris,or any other needs required for construction operations,he/she shall acquire at hisfher 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 maintenanoe upon conclusion of the project. Property should be graded and free of weeds and debris when project is completed. [END OF ARTICLE] ARTICLE 2 - PERFORMANCE OF THE WORK 201 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.C2 NO ASSIGNMENT OR DELEGATION Contractor shall not assign or delegate the duties or obligations under this Contract or his/her interest therein in whole or in part without the prior written consent of the City which may be withheld at the City's sole discretion. 2.03 STANDARD OF PERFORMANCE Contractor agrees that all services performed hereunder shall be provided in a manner commensurate with the highest professional standards and shall be performed by qualified and experienced personnel; that any Work performed by Contractor under the Contract will be performed in the best manner; that any material furnished shall be subject to the approval of the Director;and that both Work and materials will meet fully the requirements of the Contract Documents. Any work deemed unacceptable by the Director, whether a cause is determined or not shall be repaired or replaced by Contractor at Contractors expense. The Contractor shall be responsible for the final product and shall make any quality control, adjustments and corrections necessary to obtain the final product accepted by the City Engineer.The Contractor shall perform process and quality control sampling and testing and exercise management control the work of his/her subcontractors, technicians and workers to ensure that the milling, transporting, recycling, spreading, compaction, and finishing processes conform to these Specifications. The proficiency of testing laboratories and sampling and testing personnel shall be reviewed and approved by the City Engineer prior to providing services to the project. The City Engineer shall have unrestricted access to the laboratory, sampling, testing sites, and all information resulting from mix design and quality control activities. All Quality Control testing results shall be submitted to the City Engineer on a daily basis. 2,04 DEFECTIVE WORK Within the time periods that the City specifies,the Contractor shall correct all deficient, improperly executed, or unsatisfactory Work determined by the City. The Contractor shall remove and shall repair or replace, at his/her own expense any part of the Work that is deficient, improperly executed, or unsatisfactorily executed, even though 4 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.) 205 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 ovemight mail or courier service, with delivery receipt requested,or(d)sent by facsimile communication followed by a hard copy and with receipt confirmed by telephone, to the following addresses (or to such other address as may from time to time be specified in writing by such Person): All correspondence with Contractor shall be sent to the following address: Attention: Phone: Facsimile: All communications shall be copied to City and shall be delivered to City's Director at the address set forth below,with copies to such additional persons as may be directed by City's Director. City of Vernon Public Works Department 4305 Santa Fe Avenue Vernon,CA 90058 Attention: Daniel Wall, PE Phone: Facsimile: E-mail: B Notices shall be deemed received when actually received in the office of the addressee(or by the addressee K 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. Pack 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. L 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. 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 207 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. 208 EMERGENCY WORK A. During Working Hours: In case of an emergency which threatens loss or injury of property,and/or safety of life during working hours, the Contractor shall act, without previous instructions from the City, as the situation may warrant. He/she shall notify the Director of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Director within 15 calendar days after the emergency. Compensation,if allowed,will be paid for as Extra Work. B. Outside of Working Hours: Whenever, in the opinion of the City, there shall arise outside of the regular Working hours on the Contract Work of an emergency nature which threatens loss or injury of property,or danger to public safety, the Contractor shall act, without previous instructions from the City as the situation may warrant. He/she shall notify the Director of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together wish 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 Citys. forces will handle such emergency Work. If such emergency arises out of or is the result of operations by the Contractor,the cost of the corrective measures will be billed to the Contractor and deducted from his/her payment as provided in the Contract Documents. The performance of emergency Work by City forces will not relieve the Contractor of any of his/her responsibilities,obligations,or liabilities under the Contract. 2.09 SUBCONTRACTORS A. Each subcontract shall contain a reference to the Contract between the City and the principal Contractor,and the terns of the Contract and all parts thereof shall be made part of each subcontract insofar as applicable to the Work covered thereby. If, in the Directors opinion,the Subcontractor fails to comply with the requirements of the principal Contract insofar as the same may be applicable to the Subcontractors 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 Contractors duty to see that all of his/her Subcontractors commence their Work at the proper time and carry it on with due diligence so that they do not delay or injure either the Work or materials; and that all damage caused by them or their workers is made good at his/her expense. E. The City will not undertake to settle differences between the Contractor and his/her Subcontractors or between subcontractors. F. The Contractor shall utilize the services of specialty Subcontractors,without additional expense to the City,on those parts of the Work which are specified to be performed by specialty contractors. 210 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 podion(s)of the Work of the Contractor nor will such use trigger the running of any warranty and/or guarantee periods. C. All necessary repairs,renewals,changes,or modifications in the Work or any portion thereof so used, not due to ordinary wear and tear, but due to defective materials or workmanship, the operations of the Contractor,or any other cause,shall be made at the expense of the Contractor. D. The use of any portion(s) by the City shall not relieve the Contractor of any of his/her responsibilities or liabilities under the Contract nor constitute a waiver by the City of any of the conditions thereof. Said use shall not cancel liquidated damages as of the first date of use, or any continuance thereof, nor impair,reduce,or change the amount of liquidated damages. 2.11 COOPERATION WITH OTHER WORK FORCES A. The City reserves the right to perform other Work at or near the site at any time by the use of its own forces or other contractors. B. Other contractors, other utilities and public agencies or their contractors, other City contractors, and City personnel may be working in the vicinity during the project construction period. There may be some interference between these activities and the Work under the Contract Documents. The Contractor shall cooperate and coordinate his/her Work with that of other Work forces to assure timely Contract completion. 212 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. 213 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. 214 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 carved out by the City at the expense of the Contractor: 1. The Contractor shall be responsible for any materials so furnished and for the care of all Work until its completion and final acceptance,and he/she shall at his/her own expense replace damaged or lost materials and repair damaged parts of the Work. 2. The Contractor shall protect City facilities from damage resulting from his1her Work. City facilities damaged by,or as a result of,the Contractor's Work under this Contract shall be repaired or replaced,as directed by the Director,at the Contractor's expense. 3. The Contractor shall remove from the vicinity of the completed Work all buildings, rubbish, unused material,concrete forms,and other materials belonging or used under his/her direction during construction. If Contractor fails to completely remove such items within a reasonable time the City may do so at the Contractor's expense. C. Laws and Regulations 1. The Contractor shall obey all laws, ordinances, and regulations in any manner affecting those engaged or employed on the Work,or the materials used in the Work, or in any way affecting the conduct of the Work,and of all court orders and decrees having any jurisdiction or authority over the same. If any discrepancy or inconsistency should be discovered in this Contract,or in the Drawings or Specifications herein referred to, in relation to any such law, ordinance, regulation,order,or decree,he/she shall immediately report the same in writing to the Director. 2. Contractor shall,at all times,cause all histher agents and employees to observe and comply with all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may become effective before Final Completion of this Contract. 3. Nothing in the Contract Documents shall be construed to permit Work not conforming to such laws, ordinances,and regulations. If the Contractor ascertains at any time that any requirement of this Contract is at variance with such applicable law requirement, he/she shall immediately notify the Director. 4. If such applicable law requirement was not in effect on the dale of submission of bids, any necessary adjustment of the Contract pdoe 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 histher own expense, shall pay all taxes properly assessed against histher equipment,materials,or property used or required in connection with the Work. 215 WARRANTY AND CORRECTIONS A. Warranty 1, Warranty. The Contractor warrants to the City that: (i) materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents; (6)the Work will be of good quality and free from defects; (iii) the Work will conform to the requirements of the Contract Documents; and (iv) Contractor will deliver the Project free of stop notice claims. Work not conforming to these requirements, including substitutions not accepted by the City,will be deemed defective. The Contractor's warranty excludes improper or insufficient maintenance, improper operation,or normal wear and tear and normal usage. If required by the City, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the correction obligation of Paragraph 2.04 herein. 2. Overfa . Where any warranties provided under the Contract Documents overlap,conflict,or are duplicative,Contractor will be bound by the more stringent requirements. 3. Pr=rement and Assignment of Warranties.- Contractor shall obtain in the name of City, or transfer or assign to City or City's designee prior to the time of Final Completion of the Work, any and all warranties or guarantees which Contractor is required to obtain pursuant to the contract Documents and which Contractor obtained from any other person or entity other than Contractor including,but not limited to,Subcontractors and manufacturers,and further agrees to perform the Work in such a manner so as to preserve any and all such warranties. Contractor shall secure written warranties from all Subcontractors. Contractor and its Subcontractors shall offer any warranty upgrades or extensions that are offered by manufacturers of any equipment or system installed in the Work to the City. Contractor shall deliver to City all warranty and guarantee documents and policies. 4. Survival of Warranties: The provisions of this paragraph 2.15 will survive Contractor's completion of the Work or termination of Contractor's performance of the Work. B Correction of Work 1. Before or After Final Completion, The Contractor shall promptly correct Work rejected by the City or City's designee, as failing to conform to the requirements of the Contract Documents, whether discovered before or after Final Completion and whether or not fabricated, installed, or completed. Costs of correcting such rejected Work, including additional testing, inspections, and compensation for the City's services and expenses made necessary thereby,will be at the Contractor's expense within the Contract Price. 2, After Final Completion, (a) In addition to the Contractor's warranty obligations under Paragraph 2.15-A, if, within one(1)year after the date of Final Completion of the Work or within the time period established by any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall commence correction or replacement of such Work within forty-eight(48) hours after receipt of written notice from the City to do so. The Contractor shall perform such corrective work without charge or cost to the City after Final Completion of the Work. The City shall give such notice promptly after discovery of the condition. (b) If the Contractor fails to commence correction or replacement of non-conforming Work within forty-eight (48) hours after receipt of written notice, the City will proceed to have defects repaired or replaced at the expense of the Contractor and its Performance Bond surety, plus fifteen percent (15%) for the City's overhead and administrative expense. The City may charge such costs against any payment due Contractor. If, in the opinion of the City, defective work creates a dangerous or hazardous condition or requires immediate correction or attention to prevent further loss to the City or to prevent interruption of operations of the City, the City may take immediate action,give notice, make such correction,or provide such attention and the cost of such correction or attention will be charged against the Contractor. Such action by the City will not relieve the Contractor of the warranties provided in this Article or elsewhere in the Contract Documents. 3. Replacement or Removal of Defective or Unauthorized Work. The Contractor shall remove from the Site and replace those portions of the Work which are not in accordance with the requirements of the Contract Documents in a manner acceptable to and as ordered by the Director. No compensation shall be allowed for such removal or replacement. Director shall have authority to cause defective work to be remedied, removed or replaced and to deduct the costs from monies due or to become due to the Contractor. 4. Destruction or Damage. In the event the Contractor destroys or damages any construction of the City or another contractor while correcting or removing Work which is not in accordance with the requirements of these Contract Documents, the Contractor shall bear the cost of repairing or reconstructing that other construction as well. 5. No Limitation, Nothing contained in Paragraph 2,15-B will be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the one-year period for correction of Work as described in Paragraph 2.15-B relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the limitations periods established by statute for any construction defect or other causes of action. 2.16 CLEANING AND ENVIRONMENTAL CONTROLS The Contractor, Subcontractors and employees shall comply with all litter and pollution laws and it shall be the responsibility of the Contractor to ensure compliance.The Contractor shall do all of the following: A. Maintain the Site free of waste materials, debris, and rubbish and in a clean and orderly condition; and Remove waste materials,debris and rubbish from site and dispose off-site legally. B. The Contractor shall maintain at his/her disposal any and all equipment necessary to prevent and remediate any sanitary sewer overflow arising out of the Work, The Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles, as directed by the Director, to maintain the affected areas in a condition of cleanliness acceptable to the City at all locations affected by the Contractor's 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 fife. 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. 217 WATER POLLUTION CONTROL A. The Contractor shall meet all applicable City of Vernon,state and federal clean water laws, rules and regulations including but not limited to all conditions set forth in the Vernon Municipal Code Chapter 21, Article 5 regarding stormwater and urban runoff controls as it relates to public agency activities including, but not limited to storm and/or sanitary sewer system inspection and repair, street sweeping, trash pick-up and disposal, and street and right-of-way construction and repair are required to implement and maintain the activity specific Best Management Practices(BMPs) listed in Table 2-1 below in compliance with the National Pollutant Discharge Elimination System(NPDES) requirements. Contractor shall not discharge any water containing trash, debris, pollutants, fuels, oils, soaps or other non-allowable constituents from its sweeping vehicles upon any city street, to any storm drain or any non-permitted outlet. As part of its submission, contractor shall describe its methods for preventing NPDES violations during sweeping operations within the City. In addition, Contractor shall comply with all NPDES requirements at its maintenance facilities,storage yards and company facilities. Failure to comply with this section may result in termination for cause by the City of any contract resulting from this solicitation, Table 2-1.BMPs for Public Agency Facilities and Activities General and Activity Specific BMPs Scheduling and Planning Spill Prevention and Control Sanitary/Septic Waste Management Material Use General BMPs Safer Altemative Products Vehicle/Equipment Cleaning,Fueling and Maintenance Illicit Connection Detection,Reporting and Removal Illegal Spill Discharge Control Maintenance Facility Housekeeping Practices Asphalt Cement Crack and Joint Grinding/Sealing Asphalt Paving _ Flexible Pavement Structural Pavement Failure(Digouts) Pavement Grinding and Paving Emergency Pothole Repairs Sealing Operations Portland Cement Crack and Joint Sealing Rigid Pavement Mudjacking and Drilling Concrete Slab and S all Repair Shoulder Grading _ Nonlandscaped Chemical Vegetation Control _ Nonlandscaped Mechanical Vegetation Control/Mowing Nonlandscaped Tree and Shrub Pruning,Brush Chipping,Tree and Shrub SlopelDrains/Vegetabon Removal Fence Repair Drainage Ditch and Channel Maintenance Drain and Culvert Maintenance Curb and Sidewalk Repair Sweeping Operations Litter and Debris Removal Litter/Debris/Graffiti 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 Storm water T reatme nt Devices Traction Sand Trap Devices Welding and Grinding Sandblasting. Wet Blast with Sand Injection and Hydroblasting Bridges Painting Bridge Repairs Pump Station Cleaning Tube and Tunnel Maintenance and Repair Other Structures Tow Truck Operations Tall Booth Lane Scrubbing Operations Electrical Sawcutting for Loop Installation Thermoplastic Striping and Marking Paint Striping and Marking Traffic Guidance Raised/ Recessed Pavement Marker Application and Removal Sign Repair and Maintenance Median Barrier and Guard Rail Repair Emergency Vehicle Energy Attenuation Repair Storm Maintenance Minor Slides and Slipouts Cleanup/Repair Building and Grounds Maintenance Storage of Hazardous Materials(Working Stock) Material Storage Control(Hazardous Waste) Management and Support Outdoor Storage of Raw Materials Vehicle and Equipment Fueling Vehicle and Equipment Cleaning Vehicle and Equipment Maintenance and Repair Aboveground and Underground Tank Leak and Spill Control B. Water Quality Protection Requirements for Construction Projects with Less than One (1) Acre of Disturbed Soil. All construction projects,regardless of size,will be required to implement best management practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) to meet the minimum water quality protection requirements and implement all applicable set of BMPs as defined in Table 2-2. Table 2-2 Minimum Water Quality Protection Requirements and Applicable Set of BMPs for All Construction Projects Category Minimum Requirements BMPs 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; Waste Management and streets,drainage facilities, receiving waters,or adjacent Management Materials Pollution properties by wind or runoff, Control Non-storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project sites. 3 Erosion Control Erosion from slopes and channels shall be controlled by Erosion Control implementing an effective combination of BMPs,such as the limiting of grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes;and covering erosion susceptible slopes. Please refer to the California Stormwater Quality Association's Construction Handbook (available on their website; www.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 fertilizers, the Contractor shall train all of their employees (whether or not they normally apply pesticides or fertilizers as part of their work). Training programs shall address: 1) The potential for pesticide-related surface water toxicity 2) Proper use, handling, and disposal of pesticides 3) Least toxic methods of pest prevention and control, including Integrated Pest Management 4) Reduction of pesticide use C. Water Quality Protection Requirements for Construction Projects with One (1) Acre (or greater) of Disturbed Soil. In addition to the minimum BMPs required in Paragraphs A and B, all construction projects where at least one (1) acre of soil will be disturbed, construction activity that results in land surface disturbances of less than one acre if the activity is part of a larger common plan of development, or the sale of one or more acres of disturbed land surface requires a Construction Activities Storm Water General Permit(2009-0009-DWQ Permit). Prior to commencement of construction activities,the Permit Registration Documents(PRDs)must be submitted electronically in the Storm Water Multi-Application Report Tracking System (SMARTS) (http.-Usmarts waterboards.ca.govismarts1faces4w9marts Log in_jsp). 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: htt J1ww .swrcb_ca. ovJwater issues ro ramslstermwaterfconstruction_sbtml for more information. A Waste Discharger Identification(WDID)will be emailed to the LRP after the PRDs have been submitted and are deemed complete. Construction activities cannot begin until a WDID is issued by the State Water Resources Control Board. Contractor shall bear the costs of any delays to the Project caused by a delay in obtaining its WDID. The SWPPP shall include: 1. The name, location, period of construction,and a beef description of the project; 2. Contact information for the owner and contractor; 3. The building permit number for the project; 4. The grading permit number for the project(where applicable); 5. A list of major construction materials,wastes,and activities at the project site; 6. A list of best management practices to be used to control pollutant discharges from major construction materials, wastes,and activities; 7. A site plan (construction plans may be used) indicating the selection of BMPs and their location where appropriate; 8. Non-storm water discharges, their locations, and the BMPs necessary to prevent the discharge; 9. A maintenance and self-inspection schedule of the BMPs to determine the effectiveness and necessary repairs of the BMPs;and 10. A certification statement that all required and selected BMPs will be effectively implemented. Within seven(7)days after the City awards the Contract,the Contractor shall submit seven 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: Califomia Stormwater Quality Association Cashier P.O. Box 2313 Los Angeles County DPW Livermore, CA 94551 900 South Fremont Avenue www.cabmphandbooks.com Alhambra, CA 91803 Tel. No. (626)458-6959 E Implementation The Contractor will be responsible throughout the duration of the Project for the installation, monitoring, inspection and maintenance of the BMPs included in the SWPPP and for removing and disposing of temporary BMPs. The Contractor may be required to implement additional BMPs as a result of changes in actual field conditions,contractor's activities,or construction operations. The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP control measures to protect soil-disturbed areas of the project site before the onset of precipitation and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully deploy these control measures. Throughout the winter season, active soil-disturbed areas of the project site shall be fully protected at the end of each day with these control measures unless fair weather is predicted through the following day. The Contractor shall monitor daily weather forecasts. If precipitation is predicted prior to the end of the following workday, construction scheduling shall be modified, as required, and the Contractor shall deploy functioning control measures prior to the onset of the precipitation. The City may order the suspension of construction operations which are creating water pollution if the Contractor fails to conform to the requirements of this Paragraph 2.17. Unless otherwise directed by the City,the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of the Work. F, Sewage Spill Prevention. The Contractors attention is directed to the sewer bypass operation required during any sewer construction pursuant to the 2012 edition of the "Greenbook" Standard Specifications for Public Works Construction, Section 500.1.2.4 or as that section is subsequently amended. The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a sewage spill. In the event of a sewage spill, the Contractor shall make arrangements for an emergency response unit comprised of emergency response equipment and trained personnel to be immediately dispatched to the project site. The Contractor shall be fully responsible for preventing and containing sewage spills as well as recovering and properly disposing of raw sewage, In addition,the Contractor is responsible for any fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is damaged by the contractor shall be immediately repaired at the Contractors expense. The Contractor shall take all measures necessary to prevent further damage or service interruption and to contain and clean up the sewage spills. G. Sewage Spill Telephone Notification Should a sewage spill occur,the Contractor shall immediately report the incident to troth of these two City Departments: Sewer Maintenance Services . ....... .. .. ..............................................., City of Vernon Control Center(323)826-1461. Fire Department Dispatch Center................................................................................. 911 The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone numbers of City representatives such as Project Managers and Inspectors. However, if these City representatives are not available,then the Contractor shall immediately call: Vince Rodriguez, Public Works Project Coordinator (323) 583- 8811 ..... . . .......... . .... . H Sewage Spill Written Notification The Contractor shall prepare and submit a written report to the Director within three (3) Working Days from the occurrence of a spill to the City. This report shall describe all of the following: 1. The exact location on the Thomas Guide map 2. The nature and volume 3. The date,time and duration 4. The cause 5. The type of remedial and/or cleanup measures taken and date and time implemented 6. The corrective and preventive action taken,and 7. The water body impacted and results of necessary monitoring i Enforcement The City is subject to enforcement actions by the LARWQCB, U.S. EPA,environmental groups and private citizens. The Contractor shall indemnify, defend and hold City, its officers, agents and employees harmless from Contractor's failure to comply andlor 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 d 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. 218 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 foram must be accompanied by legible copies of weight tickets, receipts, or invoices that specifically identify the project generating the material. Said documents must be from recyclers and/or disposal site operators that are acceptable to the Director, Further, the documents must be submitted to the Director with each application for progress payment. Failure to submit the form and its supporting documentation will render the application for progress payment incomplete and delay progress payments. SUMMARY OF SOLID WASTE DISPOSAL AND DIVERSION Project Title: _ Specification No Type of Material (a) (b) (c) (d) Disposed in Class III Landfins Diverted from Class III [Leave This Column Blank] Disposed in Inert Fills Landfills by Recycling [ TonslCY Tons/CY TonslCY Tons/CY Asphalt Concrete Other Segregated Materials (Describe): Miscellaneous Construction Waste Tota Form to be submitted to the City SIGNATURE: TITLE: DATE: 2.19 RECYCLED, REUSABLE AND RECYCLABLE PRODUCTS The Contractor is encouraged to propose recycled, reusable and recyclable products for use by the City. Those items should be clearly identified. The City may require further information or documentation to ascertain the suitabilitylappropriateness of a proposed product. [END OF ARTICLE] ARTICLE 3 - TIME OF COMMENCEMENT AND COMPLETION 3.01 COMMENCEMENT, PROSECUTION,AND COMPLETION OF WORK A. Notice to Proceed The Contractor is not authorized to perform any Work the Contract Documents until he/she has received from the City an official notification to commence Work. The date on which the notification is received by the Contractor is herein referred to as the Notice to Proceed. The Contractor shall commence Work on the Date of Commencement established in the Notice to Proceed is issued. The Notice to Proceed shall be issued after the Contract is properly executed, bonds are furnished and approved,and insurance has been submitted and approved, B. Prosecution of the Work Work shall be continued at all times with such force and equipment as will be sufficient to complete it within the specified time. The Contractor expressly proposes that he/she has taken into consideration and made allowances for all ordinary delays and hindrances to the Work to be performed and that he/she will complete the Work within the specified time. C. Required Contract Completion Time is of the essence in the completion of this Contract. The Work shall be completed in its entirety and made ready for service within forty-five(45)calendar days following the Date of Commencement established in the Notice to Proceed("Contract Time'). By executing the Contract,Contractor confirms that the Contract Time is a reasonable period for performing the Work. 3.02 CITY'S DISCRETION TO EXTEND CONTRACT TIME In the event the Work required hereunder is not satisfactorily completed in all parts and in compliance with the Contract Documents, City shall have the right, in its sole discretion,to increase the number of Working Days or not, as may seem best to serve the interest of City. A change order extending the Contract Time only will be issued by the City should the City decide to increase the number of Working Days. 303 SUBSTANTIAL COMPLETION A. Contractor Request for Inspection and Punch List When the Contractor considers that it has achieved Substantial Completion of the Work, or designated portion thereof. Contractor shall prepare and submit to the Director a request for inspection and a comprehensive punch list of items to be completed or corrected prior to Final Payment. Failure to include an item on such punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. B. City Inspection Upon receipt of the Contractor's punch list,the Director will make an inspection to determine whether the Work or designated portion thereof is Substantially Complete. If the inspection discloses any item, whether or not included on the Contractor's punch list, which is not sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before City's issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by City. The Contractor shall then submit a request for another inspection by City to determine Substantial Completion. C. Certificate of Substantial Completion When the Work or designated portion thereof is substantially complete, the Director will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion,shall establish responsibilities of the City and Contractor for security,maintenance,utilities,damage to the Work, and insurance, and shall fix the time within which the Contractor shall finish all items on the Contractor's punch list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work. Contractor shall deliver to City all warranty and guarantee documents and policies. 3.04 DELAYS AND EXTENSIONS OF TIME FOR CONTRACTOR A. The Contractor shall take reasonable precautions to foresee and prevent delays to the Work. In the event of any delay to the Work, the Contractor shall revise his/her sequence of operations, to the extent possible under the terms of the Contract, to offset the delay. B. If any delay to the Work is caused by circumstances within the Contractor's control,it is not excusable and not compensable,and the Contractor will not be entitled to any extension of time or to any other compensation for damages resulting directly or indirectly therefrom. C. If any delay having a direct effect on the Work is caused by circumstances beyond the control of the Contractor except for causes of delay specked in Paragraph 3.04-D„such delay may be excusable and may entitle the Contractor to an equivalent extension of time,but not to any other compensation. Excusable but not compensable causes include but are not limited to labor disputes, weather conditions unfavorable for prosecution of the Work, and force majeure, D. If any delay having a direct effect on the Work is caused by failure of the City to provide information as specified, or necessary instructions for carrying on the Work,or to provide the necessary right of way or site for installation,or failure of a utility to remove or relocate an existing facility such delay may be compensable and may entitle the Contractor to an equivalent extension of time, and to compensation for damages resulting directly from any of the causes of delay specified in this paragraph. E. The Contractor shall notify the Director in writing of any delay having a direct effect on the Work and the causes thereof within 15 days from the beginning of such delay. F. Any claim for an extension of time or for compensation for damages resulting from delay shall be made in writing to the Director not more than 30 days after the ending of such delay. The Contractor shall provide a written report evaluating the impact of the delay which shall include, at a minimum, all of the following: 1. a narrative description of the delay and its impact on the critical path to Substantial Completion of the Work or a portion of the Work designated by City; 2. a detailed breakdown of the Allowable Casts, K any,sought by Contractor due to the delay; 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. 1. When a Contractor experiences two concurrent delays,one compensable and the other excusable, no compensation other than an extension of time will be allowed. J. An extension of time must be approved by the Director to be effective, but an extension of time whether with or without consent of the sureties, shall not release the sureties from their obligations, which shall remain in full force until the discharge of the Contract. 305 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, helshe 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 specked. Determination that the suspension for inclement weather conditions or conditions resulting from inclement weather affects timely completion and entitles the Contractor to an extension of time shall be made and agreed to in writing by the Director and the Contractor on each day that Work is suspended. In the event of failure to agree,the Contractor may protest under the provisions of paragraph 7.07. D. If Work is suspended and an extension of time is granted under this Paragraph 3.05 the Contractor will be entitled to a one day extension of time for each day that he/she is unable to Work at least one-half of his/her current normal Work day;and if the Work is suspended at the regular starting time on any Work day and the Contractor's Workforce is dismissed as a result thereof, then he/she will 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. 307 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 Citys 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 4 - CONSTRUCTION SCHEDULES 401 BASELINE PROJECT SCHEDULE The Contractor shall submit his/her work Baseline Project Schedule, in electronic as well as hard copy format, to the Director at the pre-construction meeting showing in detail how the Contractor plans to execute and coordinate the Work. The construction schedule shall show the sequence of work, critical path and estimated time for completion of each segment of work. This schedule must be reviewed and accepted by the Director before the Contractor will be permitted to begin work. In addition,the Contractor shall submit a detailed schedule forecasting two(2)weeks of work describing each day's work.This schedule shall be updated and submitted to the City every other Monday during the construction period.The Contractor shall give 48 hours notice to the City Engineer prior to the start of the work. A Format 1 At a minimum,the Baseline Project Schedule activities shall be coded on a work discipline basis and by geographic area or location on the Project. The Baseline Project Schedule shall include a detailed description of each activity code. The Baseline Project Schedule shall be based on and incorporate contract milestone and completion dales 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. Contractor shall use the latest version of Microsoft Project or equivalent software agreed to by the parties. 4 The City will review the submitted Baseline Project Schedule for conformance with these scheduling requirements, Within fourteen(14)calendar days after receipt,the City will accept the proposed Baseline Project Schedule or will return it with comments. If the proposed Baseline Project Schedule is accepted by the City, it shalt 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. 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,9 delayed or extended,will delay the scheduled completion of the milestones and/or time of completion. All other Work activities are defined as non-critical Work activities and are considered to have float. Float is defined as the time that a non-critical Work activity can be delayed or extended without delaying the scheduled completion of the milestones and/or time of completion. Float is considered a Project resource available to either party or both parties as needed. Once identified, Contractor shall monitor, account for,and maintain float in accordance with Critical Path Methodology. 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. D. Early Completion While the Contractor may schedule completion of the Project earlier than the date established by the Contract Documents, no additional compensation shall become due the Contractor for the use of float time between the Contractor's projected early completion date and the date for Substantial Completion established by the Contract Documents, unless an earlier(advanced)time of completion is requested by Contractor,agreed to by the City,and formalized by Change Order. 4.02 SCHEDULE UPDATES A. With each Application for Payment submitted by Contractor (other than the final Application for Payment),the Contractor shall submit to the City an updated Project Schedule revised to indicate the Work completed, status of Work in progress, all progress slippages, corrective actions taken, or slippage carry-over, for all anticipated delays or difficulties, and all other information required to accurately present the actual status of the progress of the Work as of the date of the Application for Payment If the Contractor does not submit an updated Project Schedule with an Application for Payment, City may withhold payment, in whole or in part, until the updated Project Schedule is submitted. In the event that an update to the Project Schedule indicates a delay to the Contract Time the Contractor shall propose an affirmative plan to correct each such delay, including overtime and/or additional labor,if necessary. In no event shall any Project Schedule update constitute an adjustment in the Contract Time, any deadline,or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order or Work Directive. B. At no time shall historical data contained within the updated Project Schedule(i.e.completed activities) be removed andlor altered in any way. This historical data is to be preserved within each of the updated Project Schedules and submitted with the final schedule update to reflect the actual start and finish dates for each activity within the Schedule. C. Any work stoppages within individual work activities that exceed seven (7)calendar days in duration shall be clearly indicated within the updated Project Schedule. In cases where unplanned activity work stoppages exceed seven(7)calendar days activities shall be added to the Project Schedule to clearly indicate the work stoppage period and identify forecasted resumption and completion of the activity where work has stopped. Contractor shall clearly note all schedule revisions when Project Schedule updates are submitted,as required in this Paragraph 4.02 above. 403 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 acoamplishment 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 fumished the City pursuant to this Paragraph as frequently as the City deems necessary to ensure that the Contractor's performance of the Work will comply with the Contract Time or interim completion dates set forth in the Contract Documents. If Contractor or its Subcontractors fail to implement or commence Extraordinary Measures within ten(10)calendar days of City's written demand. City may, without prejudice to other remedies,take corrective action at the expense of the Contractor which shall reduce the Contract Sum accordingly. 404 CONDITION OF PAYMENT Compliance by Contractor with the requirements of the Contract Documents pertaining to preparation, submission,revising and updating of the Schedule is a condition precedent to City's obligation to make payment to Contractor of any or all sums that might otherwise be due to Contractor in the absence of such noncompliance. Payment by City under circumstances in which City,for any reason,fails or elects not to assert its right to withhold payment for noncompliance with this Paragraph shall not be construed as a waiver of the right to withhold future payments on account of such noncompliance or any other noncompliance. [END OF ARTICLE] ARTICLE 5 - SUSPENSION OR TERMINATION OF CONTRACT 501 TERMINATION BY THE CONTRACTOR A. Contractor shall have the right to terminate its performance of the Contract only upon the occurrence of one of the following: 1. The Work is stopped for a period of ninety (90) consecutive days through no act or fault of the Contractor, any Subcontractor, Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,due to: a. the issuance of an order of a court or other public authority having jurisdiction;or b. an act of government,such as a declaration of national emergency making material unavailable; and Contractor has given City written notice within ten(10)days of the occurrence of such ground for termination,then the Contractor may,upon thirty(30)additional calendar days written notice to City,unless the reason has theretofore been cured,terminate its performance of the Work. 2. The Work is stopped for a period of 120 consecutive days through no act or fault of Contractor, any Subcontractor,Sub-subcontractor,their agents or employees,or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, because the City has persistently failed to perform any material obligation under the Contract Documents and fails to cure such default within ninety(90)days after the receipt of notice from Contractor stating the nature of such default. B. If Contractor terminates its performance of the Contract in accordance with this Paragraph 5.01, the City shall pay Contractor for the Work executed through the date of termination as set forth in Paragraph 5.04-C below. 5.02 TERMINATION BY THE CITY FOR CAUSE A. Grounds The City shall have the right to terminate the Contractor's performance of the Contract, in whole or in part,without liability to City if: 1. Contractor fails promptly to begin the Work under the Contract Documents;or 2. Contractor refuses or fails to supply enough properly skilled workers or proper materials;or 3. Contractor fails to perform the Work in accordance with the Contract Documents, including conforming to applicable standards set forth therein in constructing the Project, or refuses to remove and replace rejected materials or unacceptable Work;or 4. Contractor discontinues the prosecution of the Work (exclusive of work stoppage: (a) due to termination by City; or (b) due to and during the continuance of a Force Majeure event or suspension by City);or 5. Contractor fails to resume performance of Work which has been suspended or stopped,within a reasonable time after receipt of notice from City to do so or(if applicable) after cessation of the event preventing performance;or 6. Any representation or warranty made by Contractor in the Contract Documents or any certificate, schedule, instrument, or other document delivered by Contractor pursuant to the Contract Documents shall have been false or materially misleading when made;or 7. Contractor fails to make payment to Subcontractors or Material Suppliers for materials or labor in accordance with the respective Contract Documents and applicable law;or 8. Contractor disregards laws,ordinances,or rules,regulations,or orders of a public authority having jurisdiction;or 9. Contractor is guilty of breach of a provision of the Contract Documents;or 10. Contractor becomes insolvent, is adjudicated bankrupt, or makes a general assignment for the benefit of creditors and fails to provide City with adequate assurances of Contractor's ability to satisfy its contractual obligations. A receiver,trustee,or other judicial officer shall not have any right,titre,or interest in or 10 the Contract. Upon that person's appointment, City has, at its option and sole discretion, the right to immediately cancel the Contract and declare it null and void. B. City's Rights. When any of the reasons specified in Paragraph 5.02-A exist,the City may, in addition to and without prejudice to any other rights or remedies of the City, and after giving the Contractor five(5)calendar days written notice,terminate Contractor's performance of the Work,in whole or in part,and may: 1. Take possession of the site and all materials, equipment, tools, construction equipment, and machinery thereon owned by the Contractor; 2, Withhold from Contractor amounts unpaid hereunder and to offset such amounts against damages or losses incurred by City; 3. Accept assignment of subcontracts from Contractor,at the sole discretion of City,and 4. Finish the Work by whatever reasonable method the City may deem expedient. Upon request of the Contractor, the City shall furnish to the Contractor a detailed accounting of the costs incurred by the City in finishing the Work. C. Costs If City's costs to complete and damages incurred due to Contractor's default exceed the unpaid Contract balance,the Contractor shall pay the difference to the City. D. Wrongful Termination If 4 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 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 The City shall have the right to later have any such suspended or deleted Work performed by Contractor or others without any penalty to the City. D In the event of any partial or complete deletion or suspension of Work,the City shall fumish Contractor with prompt written notice thereof,and the City shall be entitled to take possession of and have as its property all Record Documents, Accounting Records, and other data prepared by Contractor or its Subcontractors. E Suspension for Convenience. 1. The City may at any time and from time to time,without cause,order the Contractor, in writing,to suspend, delay, or interrupt the Work in whole or in part for such period of time as the City may determine. Such order shall be spedfically identified as a"Work Suspension Directive"under this Section. 2. Upon receipt of a Work Suspension Directive,Contractor shall,at the C4's expense,comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Work Suspension Directive during the period of Work stoppage. 3. Within the period of suspension,or such extension to that period as is agreed upon by Contractor and the City,the City shall either cancel the Work Suspension Directive or delete the Work covered by such Work Suspension Directive by issuing a Change Order or Construction Change Directive. 4. If a Work Suspension Directive is cancelled or expires, Contractor shall continue the Work. A Change Order or Construction Change Directive will be issued to cover any adjustments of the Contract Sum and Contract Time necessarily caused by such suspension.No adjustment shall be made to the extent: (a) That performance is, was, or would have been so suspended, delayed, or interrupted by another cause for which the Contractor is responsible;or (b) That an equitable adjustment is made or denied under another provision of the Contract. F. Suspensions for Cause City has the authority by wrigen 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 acoording to the Contract Documents. 5.04 TERMINATION BY THE CITY FOR CONVENIENCE A. Grounds Without limiting any rights which City may have by reason of any default by Contractor hereunder,City may terminate Contractors performance of the Contract, in whole or in part, at any time, for convenience upon fifteen(15)calendar days written notice to Contractor. B. Contractor Actions Upon receipt of such notice, Contractor shall perform the duties required by Paragraph 5.05 below. At the election of and as directed by the City, any or all of the subcontracts and purchase orders entered in to by Contractor prior to the effective date of termination shall be terminated or shall be assigned to City. C. Compensation 1. If the Parties are unable to agree on the amount of a termination settlement,the City shall pay the Contractor the following amounts: a. For Work performed before the effective date of termination, the total(without duplication of any items)of: i. The cost of the Work;and ii. A sum,as overhead and profit on the cost of the Work,determined by the City to be fair and reasonable. In no event shall Contractor be entitled to recover overhead or profit on Work not performed. b. The reasonable costs of settlement of the Work terminated,including: i. Accounting,clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data, if any;and ii Storage,transportation,and other costs reasonably necessary for the preservation, protection,or disposition of inventory. 2. Such payment shall be Contractors exclusive remedy for termination for convenience and will be due and payable on the same conditions as set forth for final payment to the extent applicable. Upon receipt of such payment, the Contractor and City shall have no further obligations to each other except for Contractor's obligations with respect to warranties, representations, indemnity, maintenance of insurance, and other obligations that survive termination or Final Completion as provided for herein. 3. It is understood and agreed that no fee,anticipated profit,compensation for lost opportunity costs, or other compensation or payment of any kind or character shall be due or payable for unperformed Work regardless of the basis of termination and the inclusion of this provision within this subparagraph shall in no way limit its application to termination under this Paragraph. 4. Contractor agrees that each of its subcontracts will reserve for the Contractor the same right of termination for convenience provided by this Paragraph 5.04. D. No Consequential Damages Under no circumstances shall Contractor be entitled to anticipatory or unearned profits or consequential or other damages as a result of a termination or partial termination under this Article 5. The payment to Contractor determined in accordance with this Article constitutes Contractor's exclusive remedy for a termination hereunder. 5.0u CONTRACTOR'S DUTIES UPON TERMINATION FOR CAUSE OR CONVENIENCE If the City terminates Contractor's performance of Work under the Contract, for cause or convenience or if Contractor terminates a Subcontractor with the City's approval,Contractor shall: (1)cease performance of the Work to the extent specified in the notice; (2)take actions necessary or that the City may direct,for the protection and preservation of the Work; (3)settle outstanding liabilities,as directed by City; (4)transfer title and deliver to City Work in progress,specialized equipment necessary to perform the Work; (5) submit all Record Documents, Accounting Records and other data prepared pursuant to the Contract by Contractor and/or its Subcontractors, as applicable, to the City with fifteen (15) calendar days after the City's notice of termination in an organized, usable form, in both hard copy and electronic/digital form, with all items properly labeled to the degree of detail specified by the City;and, (6)except for Work directed by City to be performed prior to the effective date of termination stated in the notice, incur no further costs or expenses and enter into no further subcontracts and purchase orders. No compensation shall be due Contractor, if any, until Contractor complies with the requirements of this Paragraph. [END OF ARTICLE] ARTI LE 6 — CHANGE 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. 603 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 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 alterlhe 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 10 the Contract Sum andlor Contract Time. 605 CONSTRUCTION CHANGE DIRECTIVE(FIELD DIRECTIVE) A. A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. The City may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions,deletion, or other revisions,the Contract Sum and Contract Time being adjusted accordingly. B. If the Construction Change Directive provides for an adjustment to the Contract Sum,the adjustment shall be calculated in accordance with Paragraph 6.06 herein(Pricing Changes in the Work). C. Upon receipt of the Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the City of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive, for determining the proposed adjustment in the Contract Sum or Contract Time. D. If Contractor believes a Construction Change Directive constitutes a basis for adjustment to the Contract Sum or Contract Time, then Contractor shall give a Notice of Scope Change provided in Paragraph 6.03, followed by a submission of a Change Order Request as required by Paragraph 6.08. Contractor shall,if requested by City in such Construction Change Directive or in a subsequent Construction Change Directive, proceed with the performance of the Work as described in the Construction Change Directive. Failure of Contractor to proceed with the performance of Work, as described in the Construction Change Directive shall give the City the right to carry out the Work,as set forth in Paragraph 2.05. E. A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. F. If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the City on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in the case of an increase in the Contract Sum, Allowable Mark-Ups in accordance with Paragraph 6.06(E)herein. 606 PRICING CHANGES IN THE WORK A. Alternative Methods of Pricing The amount of any adjustment by Change Order or Construction Change Directive increasing or decreasing the Contract Sum shall be determined by the Director using one or a combination of the following methods: 1. Lump Sum. By mutual acceptance of a lump sum proposal from Contractor properly itemized and supported by sufficient substantiating data to permit evaluation. Such proposal shall be based solely on Allowable Costs,as defined in Subparagraph 6.06-C, and Allowable Mark-Ups, as defined in Subparagraph 6.06-E, and shall not include any costs or expense that is not permitted by the terms of any provision of the Contract Documents. 2. Unit Prices. By unit prices contained in Contractor's original Bid and incorporated in the Contract Documents or fixed by subsequent agreement between City and Contractor. Unless otherwise stated in the Bidding Documents, unit prices stated in the Contract Documents or agreed upon by the County and Contractor shall be deemed to include and encompass all Allowable Markups. 3. Time and Materials. By calculating the actual Allowable Costs directly incurred, plus a sum for Allowable Mark-Ups on such Allowable Costs. 4. Deletion of Work. By Unit Prices contained in Contractor's original Bid and incorporated in the Contract Documents,or by using the Schedule of Values to determine the value of the decrease of the Contract Sum, less the value of any Work performed, plus a reasonable percentage of the decrease for the Contractors saved overhead unless the Schedule of Values allocates general conditions costs to individual line items, in which case no percentage of the decrease shall be added. When a change consists of both addition and deletion of Work,the added costs and deleted costs shall be calculated separately,and then added together, resulting in the net cost for the change. The Allowable Mark-Up shall be applied to this net cost. B Contractor Maintenance of Daily Records for Changes 1. In the event that Contractor is directed to perform any Extra Work, or should Contractor encounter conditions which the Contractor believes would obligate the City to adjust the Contract Sum and/or the Contract Time, Contractor shall maintain detailed records of the cost of such changes on a daily basis summarized in a daily report supplemented by back-up records. Such records shall include without limitation: a. Labor. At the close of each day on which such Extra Work is performed, Contractor shall submit an Extra Work labor report,on forms provided by Director,to Director that sets forth a list of the actual hours spent in performing the Extra Work, that clearly differentiates between the labor expended on the Extra Work and other Work,and the Allowable Costs for such Extra Work performed that day showing the names of workers,their classifications, hours worked and hourly rates. b. Materials, Equipment. A list of Allowable Costs of materials and equipment consumed in the performance of the Extra Work on the day on which such Extra Work is performed, together with copies of applicable delivery tickets and unit prices for all materials and for all equipment used the type of equipment, identification number, hours of operation(including loading and transportation)and hourly/daily rates involved for that day. C. Other Services or Expenditures. A list of other services and expenditures constituting Allowable Costs incurred in performance of the Extra Work on the day on which such Extra Work is performed, along with documentation verifying the amounts thereof in such detail as Director may require. 2. In the event that more than one change to the Work is performed by the Contractor in a calendar day,Contractor shall maintain separate records of labor,construction equipment,materials,and equipment for each such change. In the event that any Subcontractor of any tier shall provide or perform any portion of any change to the Work, Contractor shall require that each such Subcontractor maintain records in accordance with this Section. 3. Each daily record maintained hereunder shall be signed by Contractor; such signature shall be deemed Contractor's representation and warranty that all information contained therein is true, accurate, complete, and relates only to the change referenced therein, All records maintained by Subcontractors of any tier, relating to the costs of a change in the Work shall be signed by such Subcontractor's authorized project manager or superintendent. All such records shall be forwarded to the Director on the day the Work is performed(same day) for independent verification. The Director shall attempt to review and reconcile costs for changes on a daily basis. Records not available on the day on which the Extra Work is performed,such as,but not limited to,material invoices,shall be submitted as soon as they are available but not later than five (5) calendar days after the earlier of the day of delivery or incorporation of the particular item of Extra Work at the Site. 4. The Director may additionally require authentication of all time and material tickets and invoices by persons designated by the Director for such purpose. In the event that Contractor shall fail or refuse, for any reason, to maintain or make available for inspection, review, and/or reproduction such records,adjustments to the Contract Sum or Contract Time,if any,on account of any change to the Work may be deemed waived for that day. Contractor's obligation to maintain back-up records hereunder is in addition to, and not in lieu of, any other Contractor obligation under the Contract Documents with respect to changes to the Work. 5. Waiver by Contractor. Failure to submit such records as are required by this Paragraph daily shall waive any rights for recovery of Allowable Costs incurred for Extra Work performed that day. The failure of the Contractor to secure any required authentication shall, if the City elects in its sole discretion to treat it as such, constitute a waiver by the Contractor of any right to adjustment of the Contract Sum for the Allowable Cost of all or that portion of the Extra Work covered by such non-authenticated ticket or invoice. C Allowable Costs The term"Allowable Costs'shall mean in the case of Extra Work actual costs incurred by Contractor and/or any Subcontractor, regardless of tier, and necessarily involved in direct performance of the Extra Work, or in the case of deleted work the actual costs that would have been incurred in performing deleted work by Contractor and/or any Subcontractor, regardless of tier, and shall be limited to the following costs: 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 fumished and incorporated into the Work,as approved by City,or that would have been incorporated into the Work in the case of deleted work shall be at the lowest price available to Contractor but in no event shall such costs exceed competitive wholesale prices obtainable from other Subcontractors, suppliers, manufacturers and distributors in the general vicinity of the site. If City determines, in its discretion, that the cost of materials is excessive,or if Contractor fails to furnish satisfactory evidence of the cost from the actual supplier thereof, then in either case the cost of the materials shall be deemed to be the lowest wholesale price at which similar materials are available in the quantities required at the time they were needed. The City reserves the right to furnish such materials as 4 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 lime 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 retumed,unless Contractor elects to keep it at the Site at no expense to City. Costs incurred while equipment is inoperative due to breakdowns, regular maintenance,or for non-Working Days shall not be allowed. The rental time shall include the time required to move the equipment to the Work from the nearest available source for rental of such equipment and to return it to the source. If such equipment is not moved by its own power, then loading and transportation will be allowed. Neither moving time nor loading and transportation costs will be paid if the equipment is for use on the Project unrelated to the Extra Work. All equipment shall be acceptable to City, in good working condition, and suitable for the purpose for which it is to be used. 6. Royalties Additional or saved costs of royalties due to the performance of the Extra Work or deleted work. 7. Insurance, Bonds. Additional or saved costs of insurance and bonds, provided, however,that for Extra Work such costs shall not exceed one percent(1%)of Items 1 through 6 above. D Costs Not Allowed Allowable Costs shall not include any of the following; 1. Wages, salaries, fringe benefits and payroll taxes of Contractor's and all Subcontractor's non- craft labor(above a Foreman level); 2. Overhead (including home office overhead), administrative or general expenses of any kind including engineering, estimating, scheduling, drafting, detailing, etc., incurred in connection with Extra Work; 3. Vehicles not dedicated solely for the performance of the extra of deleted work; 4. Small tools(replacement value not exceeding$500); 5. Office expenses, including secretarial and administrative staff, materials and supplies; 6. On-site and off-site trailer and storage rental and expenses; 7. Site fencing; 8. Utilities, including gas,electric,sewer,water,telephone, telefax,copier equipment; 9. Computer and data processing personnel,equipment and software; 10. Federal,state of local business income and franchise taxes; 11. Losses of efficiency or productivity;and 12. Costs and expenses of any kind or item not specifically and expressly included in Paragraph 6.06-C. E Allowable Mark-Up 1. Extra Work by contractor(Markup):The following percentages shall be added to the Contractors costs and shall constitute the markup for all overhead and profits: Labor 33% Materials 15% Equipment Rental 15% Other Items and Expenditures t 5% 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 Subcontractors actual costs. A markup of 5% on the subcontracted portion of each extra work may be added for the Contractor, F. Net Allowable Costs If anyone scope change involves both Extra Work and deleted work in the same portion of the Work and the additive allowable costs exceed the deductive allowable costs, the Allowable Markups on the Extra Work will be only the difference between the two amounts. 607 CITY ORIGINATED REQUEST FOR ITEMIZED CHANGE ORDER PROPOSAL REQUEST City may issue a Construction Change Directive or other written request to Contractor describing a proposed change to the Work and requesting the Contractor submit an itemized change order proposal in a formal acceptable to City within ten(10)calendar days after City issues the request.The Contractors change order proposal shall include an analysis of impacts to cost and time, if any, to perform additional work, change Work or delete Work,as applicable,including the effects and impacts, if any,on unchanged Work,estimates of costs(broken down by the cost categories listed in this Paragraph), and Contractors 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 it the Contractor otherwise becomes aware of the need for or desirability of a change in the Work, Contractor may submit a written Change Order Request('COR') to the City in writing, in a format acceptable to City and in accordance with the notice provisions and other requirements of Article 7 below for Claims.The COR must specify the reasons for the proposed change,cost impacts and relevant circumstances and impacts on the Construction Schedule. The document shall be complete in its description of the Work, its material and labor quantities and detail, and must support and justify the costs and credits claimed by the Contractor. A Critical Path Method schedule Fragnet is required to support and justify any additional time of performance requested by the Contractor.The City will not review any COR which is incomplete. The Contractor may request additional compensation and/or time through a COR but not for instances that occurred more than ten(10)calendar days prior to the notice date.Contractor's failure to initiate a COR within this ten-day period or to provide detailed back-up documentation to substantiate the COR within thirty(30)calendar days of the initial written notice shall be deemed a waiver of the right to adjustment of the Contract Sum or the Contract Time for the alleged change, Any COR that is approved by the City shall be incorporated in a Change Order or Construction Change Directive. If the COR is denied but the Contractor believes that it does have merit, the Contractor shall proceed with the disputed Work and may submit a Claim in accordance with the procedures set forth herein. 6.09 ISSUANCE OF WORK DIRECTIVE(UNILATERAL). In the event of a dispute as to whether or not Extra Work is required, City shall have the right to unilaterally issue a Work Directive;Contractor shall continue performance of disputed Work pending resolution and shall maintain and submit to City all accounting and cost data necessary to substantiate Contractor's cost of such disputed Work [END OF ARTICLE] ARTICLE 7 - CONTRACT PAYMENTS AND CLAIMS 701 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. 702 SCHEDULE OF VALUES FOR PAYMENTS A. Submission Upon City's request, the three(3) lowest bidders shall complete and submit a Preliminary Schedule of Values,within seven (7)calendar days. In addition, Contractor shall complete and furnish within seven (7)calendar days after receiving the Notice of Award of the Construction Contract a Final Schedule of Values giving a complete breakdown of the Contract Sum for each component of the Work. E Content The Schedule of Values shall be in sufficient detail as the Director may, in its discretion, deem necessary to evaluate progress at any point in the performance of the Work. Unless otherwise specified in the Contract Documents, the Schedule of Values shall include, without limitation, a breakdown of the general categories of Subcontractor work,direct overhead,profit and contingency, and a further breakdown of the general categories of Subcontractor work into separate trade line items of costs for Subcontractor services,labor and material,which is based on actual Subcontractor contract, subcontract, purchase order or vendor prices. If requested by Director, Contractor shall revise the Schedule of Values to allocate sums for Contractor overhead, profit and/or contingency among the individual line items for trade portions of the Work. No amounts shall be reflected in the Schedule of Values or Application for Payment for Extra Work or Deleted Work for which a Change Order has not been executed by Contractor and City or for which a Construction Change Directive has not been issued by City. Amounts that have been mutually agreed to by Change Order or unilaterally determined by City pursuant to a Construction Change Directive shall be segregated from the cost of the base Contract Work and separately listed by line item in the Schedule of Values.The Schedule of Values must be prepared in sufficient detail and supported by sufficient data to substantiate its accuracy as the Director may require C Applications for Payment The Schedule of Values, when approved by the Director, shall be used as a basis for Contractor's Applications for Payment and may be considered as fixing a basis for adjustments to the Contract Sum. 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 Directors approval. 7.03 APPLICATIONS FOR PAYMENT A. Marked Schedule of Values Five(5)Days prior to the date set forth in Paragraph 7.03-B below for the monthly progress payment meeting, Contractor shall submit to Director a copy of the proposed Schedule of Values, marked to show the percentage of completion certified by Contractor for each line item in the Schedule of Values,including any stored materials approved for payment by City pursuant to Paragraph 7.03-D, below and any withholdings from Contractor proposed by Director. B. Monthly Review For the purpose of expediting the progress payment procedure, Contractor shall meet with the Director on or before the twentieth (20(h) 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 Directors good faith estimate shall operate to release Contractor or Surety from any responsibility or liability arising from or related to performance of the Work.The Director shall have the right subsequently to correct any error and dispute any item submitted in Contractors Application for Payment, regardless of whether an item was identified as disputed in the review process provided for herein. C. Certification Each Application for Payment shall be signed and certified by Contractor under penalty of perjury to City that: 1. the data comprising the Application for Payment is accurate and the Work has progressed to the point indicated; 2. to the best of Contractors knowledge,information and belief,the Work is in accordance with the Contract Documents; 3. Contractor is entitled to payment in the amount certified;and 4. all sums previously applied for by Contractor on account of Work performed by Subcontractors and that have been paid by City have been paid to the Subcontractors performing such Work, without any retention,withholding or backcharge by Contractor. 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. 704 PROGRESS PAYMENTS A. Conditions to Progress Payments Contractor shall submit its Application for Payment to the Director, using such forms as required by City, once a month on or before the first (1st) Day of the month following the month in which the Work that is the subject of such Application for Payment was performed. Without limitation to any other provisions of the Contract Documents,the following shall be conditions precedent to a proper submission and to the Director approval of each Application for Payment: 1. submission of a Schedule of Values that reflects the percentages of completion either agreed to or determined by Director in accordance with Paragraph 7.03-B,above; 2. submission of the Contractor's certification required by Paragraph 7.03-C,above; 3. submission of conditional releases of stop notice, if any, and bond rights upon progress payment,complying with California Civil Code Section 8132,for all Work performed during the time period covered by the current Application for Payment, signed by Contractor, its Subcontractors of every tier, and all material suppliers to each, and (2) forms of unconditional release of stop notice and bond rights upon progress payment, complying with California Civil Code Section 8134 for all Work performed during the time period covered by the previous Application for Payment, signed by Contractor, its Subcontractors of every tier and all material suppliers to each; 4. compliance by Contractor with its obligation for maintenance of As-Builts as required by the Contract Documents; 5. compliance by Contractor with its obligation for submission of monthly and daily reports as required by the Contract Documents; 6. compliance by Contractor with its obligations for submission of scheduling information and updating of the Construction Schedule as required by Article 4, above and other provisions of the Contract Documents pertaining to preparation or updating of schedule information; 7. submission of certified payroll records as required by the Contract Documents; 8. submission of certifications by Contractor and each Subcontractor as required by applicable collective bargaining agreements certifying that all employee benefit contributions due and owing pursuant to any applicable collective bargaining agreement have been paid in full; and 9. compliance by Contractor with all of its other obligations for submission of documentation or performance of conditions which,by the terms of the Contract Documents,constitute conditions to Contractors right to receive payment for Work performed. B. Payments by City Pursuant to California Public Contract Code Section 20104.50,City shall make progress payment of undisputed sums due within thirty(30) Days after receipt by Director of an undisputed and properly submitted Application for Payment, calculated on the basis of ninety-five percent (95%) of value determined pursuant to Paragraph 7.03-B above of the following: 1. the portion of the Work permanently installed and in place; 2. plus, the value of materials delivered on the ground or in storage as approved by City pursuant to Paragraph 7.03-D,above, 3. less,the aggregate of previous payments, and 4. less,any other withholdings authorized by the Contract Documents. C Rejection by City Any Application for Payment determined not to be undisputed,proper and suitable for payment shall be returned to Contractor as soon as practicable, but not later than seven(7) Days, after receipt by City accompanied by an written explanation of the reasons why the payment request was rejected. Failure by City or Director to either timely reject an Application for Payment or specify any grounds for rejection shall not constitute a waiver of any rights by City. Applications for Payment that are rejected shall be corrected and resubmitted within seven(7)Days after receipt by Contractor. D Interest If City fails to make a progress payment to Contractor as required by Paragraph 7.04-13,above,City shall pay interest to Contractor equivalent to the legal rate set forth in subdivision (a) of California Code of Civil Procedure Section 685.010. The number of Days available to City to make payment pursuant to Paragraph 7.04-B, above without incurring interest pursuant to this Paragraph shall be reduced by the number of Days by which City exceeds the seven (7) Day return requirement applicable to City as set forth in Paragraph 7.04-C, above. 7.05 FINAL PAYMENT A. Retention In addition to withholdings permitted by Paragraph 7.09 below, a sum equal to five percent(5%) of all sums otherwise due to Contractor as progress payments shall be withheld by city pursuant to Paragraph 7.04-B from each progress payment('Retention')and retained until such time as it is due as described herein.Conditions to Final Payment Contractor shall submit its Application for Final Payment, using such forms as required by Director, prior to requesting a final inspection of the Work in accordance with Paragraph 3.06 above. Such Application for Final Payment shall be accompanied by all the following: 1. an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Project for which City or City's property or funds might be liable have been paid or otherwise satisfied; 2. Contractor's certification as required by Paragraph 7.03-C,above; 3. consent of surety,if any, to Final Payment; 4. a cerlificale evidencing that the insurance required by the Contract Documents is in force; 5. Conditional Waiver and Release Upon Final Payment in the form required by California Civil Code Section 8136 executed by Contractor,all Subcontractors of every tier and by all material suppliers of each,covering the final payment period; 6. Unconditional Waiver and Release Upon Progress Payment in the form required by California Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all material suppliers of each,covering the previous payment period; 7. all Record Documents (including, without limitation, complete and accurate As-Built drawings which shall be kept up to date during the performance of the Work); 8, documentation that Contractor has inspected,tested,and adjusted performance if every system or facility of the Work to ensure that overall performance is in compliance with the terms of the Contract Documents; 9. four(4) copies of all warranties from vendors and Subcontractors,operation and maintenance manuals, instructions and related agreements, and equipment certifications and similar documents; 10. certifications by Contractor and each Subcontractor as required by applicable collective bargaining agreements that all employee benefit contributions due and owing pursuant to any applicable collective bargaining agreement have been paid in full; 11. releases of rights and claims relating to patents and trademarks, as required by the Contract Documents; and 12. any other documents or information required by the Contract Documents as a condition of Final Payment or Final Completion. B Final Payment Pursuant to the Public Contract Code Section 7107,within sixty(60)Days after City issues the Notice of Completion to Contractor,the Final Payment,including Retention,shall be released to Contractor, subject to the City's right to withhold 150%of any disputed amounts. 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 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. 706 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 Subcontractors)of any Tier. The joint check payees shall be solely responsible for the allocation and disbursement of funds included as part of any such joint payment. Endorsement on such check by a payee shall be conclusively presumed to constitute receipt of payment by such payee. In no event shall any joint check payment be construed to create any contract between City and a Subcontractor of any Tier,any obligation from City to such Subcontractor or any third party rights against City or Director. B. Withholding/Duty to Proceed The payment, withholding or retention of all or any portion of any payment claimed to be due and owing to Contractor shall not operate in any way to relieve Contractor from its obligations under the Contract Documents. Contractor shall continue diligently to prosecute the Work without reference to the payment, withholding or retention of any payment. The partial payment, withholding or retention by City in good .faith of any disputed portion of a payment,whether ultimately determined to be correctly or incorrectly asserted, shall not constitute a breach by City of the Construction Contract and shall not be grounds for an adjustment of the Contract Sum or Contract Time. C. No Acceptance No payment by City or partial or entire use of the Work by City shall be construed as approval or acceptance of the Work,or any portion thereof. D. Contractor Payment Warranty Submission of an Application for Payment shall constitute a representation and warranty by Contractor that; 1. Title to Work covered by an Application for Payment will pass to City either by incorporation into the construction or upon receipt of payment by Contractor,whichever occurs first;and 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. 707 PAYMENTS BY CONTRACTOR Contractor shall not include in its Applications for Payment sums on account of any Subcontractor's portion of the Work that it does not intend to pay to such Subcontractor. Upon receipt of payment from City,Contractor shall pay the Subcontractor performing Work on the Project,out of the amount paid to Contractor on account of such Subcontractor's portion of the Work,the amount to which said Subcontractor is entitled in accordance with the terms of its contract with Contractor and applicable laws,including,without limitation,California Public Contract Code Section 7107. Contractor shall remain responsible notwithstanding a withholding by City pursuant to the terms of these Contract Documents, to promptly satisfy from its own funds sums due to all Subcontractors who have performed Work that is included in Contractors Application for Payment.Contractor shall, by appropriate agreement, require each Subcontractor to make payments to its subcontractors and material suppliers in similar manner. City shall have no obligation to pay or be responsible in any way for payment to a Subcontractor of any tier or material supplier. 7.08 PAYMENTS WITHHELD A. Withholding by City In addition to any other amounts which City may have the right to retain under the Contract Documents, City may withhold a sufficient amount of any payment otherwise due to Contractor as City, in its sole discretion, may deem necessary to cover actual or threatened loss due to any of the following; 1. Third Party Claims. Third-party claims or stop notices filed or reasonable evidence indicating probable filing of such claims or stop notices. City shall promptly inform Contractor of any third party claims related to this Contract; 2. Defective Work. Defective Work not remedied; 3. Nonpayment. Failure of Contractor to make proper payments to its Subcontractors for services, labor, materials or equipment; 4. Inability to Complete. Reasonable doubt that the Work can be completed for the then unpaid balance of the Contract Sum or within the Contract Time; 5. Violation of Applicable Laws. Failure of Contractor or its Subcontractors to comply with applicable laws or lawful orders of governmental authorities; 6. Penalty. Any claim or penalty asserted against City by virtue of Contractor's failure to comply with applicable laws or lawful orders of governmental authorities (including, without limitation labor laws); 7. Failure to Meet Contract Time. Any damages which may accrue as a result of Contractor failing to meet the Construction Schedule or failing to perform within the Contract Time; 8. Setoff. Any reason specified elsewhere in the Contract Documents as grounds for a withholding offset or set off or that would legally entitle City to a set-off or recoupment; 9. Consultant Services. Additional professional,consultant or inspection services required due to Contractor's failure to comply with the Contract Documents; 10. Liquidated Damages. Liquidated damages assessed against Contractor; 11, Materials. Materials ordered by City pursuant to the Contract Documents; 12. Damages. Loss caused by Contractor or Subcontractor to City, Separate Contractors or any other person or entity under contract to City; 13. Clean Up. Clean up performed by City and chargeable to Contractor pursuant to the Contract Documents; 14. Employee Benefits. Failure of Contractor to pay contributions due and owing to employee benefits funds pursuant to any applicable collective bargaining agreement or trust agreement; 15. Required Documents. Failure of Contractor to submit on a timely basis, proper and sufficient documentation required by the Contract Documents, including, without limitation, Construction Schedule updates, 'look ahead' schedules, Submittals, Schedules of Values, information on Subcontractors,Change Orders,certifications and other required reports or documentation;and 16. Other Breach. A breach of any obligation or provision of the Contract Documents. B. Release of Withholding If and when City determines, in its sole discretion, that the above grounds for withholding have been removed and that all losses incurred or threatened have been paid,credited or otherwise satisfied,then payment shall be made for amounts withheld because of them. C. Application of Withholding City may apply sums withheld pursuant to Paragraph 7.08-A above, in payment of any loss or threatened loss as City determines, in its sole discretion,to be appropriate. Such payments may be made without a priorjudicial determination of City's actual rights with respect to such loss. Contractor agrees and hereby designates City as its agent for such purposes, and agrees that such payments shall be considered as payments made under Construction Contract by City to Contractor. City shall not be liable to Contractor for such payments made in good faith. City shall submit to Contractor an accounting of such funds disbursed on behalf of Contractor. As an alternative to such payment,city may, in its sole discretion, elect to exercise its right to adjust the Contract Sum as provided in the Contract Documents. D. Continuous Performance Provided City pays the undisputed portion, if any, of funds withheld in good faith, Contractor shall maintain continuous and uninterrupted performance of the Work during the pendency of any disputes or disagreements with City. 7.09 SUBSTITUTION OF SECURITIES A. Public Contract Code Pursuant to the requirements of California Public Contract Code Section 22300, upon Contractor's request, City will make payment to Contractor of any funds withheld from payments to ensure performance under the Contract Documents if Contractor deposits with City, or in escrow with a California or federally chartered bank in California acceptable to City ('Escrow Agent"), securities eligible for the investment of State Funds under Government Code Section 16430,or bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts,standby letters of credit,or any other security mutually agreed to by the Contractor and the City,upon the following conditions; 1. Contractor shall be the beneficial owner or any securities substituted for monies withheld for the purpose of receiving any interest thereon. 2. All expenses relating to the substitution of securities under Public Contract Code Section 22300 and under this Paragraph 7.04, including, but not limited to City's overhead and administrative expenses,and expenses of Escrow Agent shall be the responsibility of Contractor. 3. Securities or certificates of deposit substituted for monies withheld shall be of a value of at least equivalent to the amounts of retention to be paid to Contractor pursuant to the Contract Documents. 4. if Contractor chooses to deposit securities in lieu of monies withheld with an Escrow Agent, Contractor,City and Escrow Agent shall,as a prerequisite to such deposit,enter into an escrow agreement, using the City's form, "Escrow Agreement for Deposit of Securities in Lieu of Retention." 5. Contactor shall obtain the written consent of Surety to such agreement. 6. Securities, if any,shall be returned to Contractor only upon satisfactory Final Completion of the Work. B Substitute Security To minimize the expense caused by such substitution of securities, Contractor shall, prior to or at the time Contractor requests to substitute security,deposit sufficient security to cover the entire amount to be withheld. Should the current market value of such substituted security fall below the amount for which it was substituted, or any other amounts which the City withholds pursuant to the Contract Documents, Contractor shall immediately and at Contractor's expense and at no cost to City deposit additional security qualifying under Public Contract Code Section 22300 until the current market value of the total security deposited is no less than the amount subject to withholding under the Contract Documents. Securities shall be valued as often as conditions of the securities market warrant, but in no case less frequently than once per month. C Deposit of Retentions Alternatively, subject to the conditions set forth in Paragraph 7.04-A above, upon request of Contractor, City shall make payment of retentions directly to Escrow Agent at the expense of Contractor, provided that Contractor, City and Escrow Agent shall, as a prerequisite such payment, enter into an escrow agreement in the same form as prescribed in Part 4 of Paragraph A,above. At the expense of Contractor and at no cost to City, Contractor may direct the investment of the payments into securities and interest bearing accounts, and Contractor shall receive the interest earned on the investments. Escrow Agent shall hold such direct payments by City under the same terms provided herein for securities deposited by Contractor. Upon satisfactory Final Completion of the Work,Contractor shall receive from Escrow Agent all securities, interest and payments received by Escrow Agent from City, less escrow fees and charges of the Escrow Account, according to the terms of Public Contract Code Section 22300 and the Contract Documents. D. Time for Election of Substitution of Securities Notwithstanding the provision of 7.04 A, B,and C above and California Public Contract Code Section 22300,the failure of Contractor to request the Substitution of eligible securities for monies to be withheld by City within ten(10)days of the award of Contract to Contractor shall be deemed to be a waiver of all such rights. 710 CLAIMS A. Arising of Claim. 1. Scope Change. When Contractor has a claim for an increase in the Contract Sum or Contract Time due to a scope change which has not yet become final, a'claim'will be deemed to arise once the Director has issued a decision denying, in whole or in part, the Contractor's Change Order Request. 2. Other Claims. In the case of a Claim by Contractor that does not involve an adjustment to the Contract Sum or Contract Time due to a scope change and which has not become final, the Claim may be asserted if, and only if, Contractor gives written notice to City of intent to file the Claim within three (3) days of the date of discovery relative to such circumstances (even if Contractor has not yet been damaged or delayed). Such written notice of intent to file a Claim shall be valid if,and only if, it identifies the event or condition giving rise to the Claim,states its probable effect, if any with respect to Contractor's entitlement to an adjustment of the Contract Sum or Contract Time and complies with the requirements of Paragraph 7.11-13, below. For purposes of this Paragraph 7.11,a Claim for which such written notice is required and has been given by Contractor shall be deemed to arise on the dale that such written notice is received by City. B. Content of Claim A Claim by Contractor must include all of the following: 1. A statement that it is a Claim and a request for a decision on the Claim; 2. A detailed description of the act, error, omission, unforeseen condition, event or other circumstance giving rise to the Claim. 3. If the Claim involves an adjustment to the Contract Sum or Contract Time due to a change in scope, a statement demonstrating that all requisite notices were provided, including, without limitation, timely written notice and a Change Order Request as required by Article 6 of these General Conditions and timely notice of delay and request for extension of time in accordance with Article 3. If the Claim does not involve an adjustment to the Contract Sum or Contract Time due to a change in scope,a statement demonstrating that a notice of intent to file the Claim was timely submitted as required by Paragraph 7.10-A.2,above; 4. A detailed justification for any remedy or relief sought by the Claim including without limitation, a detailed cost breakdown in the form' required for submittal of Change Order Requests and actual job cost records demonstrating that the costs have been incurred; 5. If the Claim involves a request for adjustment of the Contract Time, written documentation demonstrating that Contractor has complied with the requirements of the Contract Documents and written substantiation(including, without limitation, a Time Impact Analysis)demonstrating that Contractor is entitled to an extension of time under the Contract Documents; and 6. A written certification signed by a managing officer of Contractor's organization, who has the authority to sign contracts and purchase orders on behalf of Contractor and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certification, in the'following form: 'I hereby certify under penally of perjury that I am a managing officer of(Contractors name)and that I have reviewed the Claim presented herewith on Contractors behalf and/or on behalf of (Subcontractors name)and that,to the best of my knowledge after conducting a diligent inquiry into the facts of the Claim,the following statements are true and correct: The facts alleged in or that form the basis for the Claim are, to the best of my knowledge following diligent inquiry,true and accurate;and, (a) I do not know of any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim materially misleading;and, (b) I have, with respect to any request for money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records(including those maintained by Contractor and by any Subcontractor, of any tier, that is asserting all or any portion of the Claim) and confirmed with reasonable certainty that the losses or damages suffered by Contractor and/or such Subcontractor were in fact suffered in the amounts and for the reasons alleged in the Claim;and, (c) I have, with respect to any request for extension of time or claim of delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules(including those maintained by Contractor and the Subcontractor,of any tier,that is asserting all or any portion of the Claim)and confirmed on an event-by-event basis that the delays or disruption suffered by Contractor and/or such Subcontractor were in fact experienced for the durations, in the manner, and with the consequent effects on the time and/or sequence of performance of the Work,as alleged in the Claim; and, (d) I have not received payment from City for,nor has Contractor previously released City from, any portion of the Claim." Signature: Date: Name: Title: Company C Noncompliance Failure to submit any of the information,documentation or certifications required by Paragraph 7.10- B,above,shall result in the Claim being returned to Contractor without any decision. D Submission of Claims 1. Director. Claims shall be first submitted to the City for decision by the Director. 2. Continuous Work. Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by City,Contractor shall not delay,slow or stop performance of the Work, but shall diligently proceed with performance in accordance with the Contract Documents and City will continue, to make undisputed payments as by the Contract Documents. 3. Time for Filing. All Claims and supporting documentation and certifications must be filed within thirty(30)days after the Claim arises. No Claims shall be filed after Final Payment. 4. Conditions Precedent, No Claim may be asserted unless Contractor has strictly complied with the requirements of this Paragraph 7.10-D, which shall be considered conditions precedent to Contractor's right to assert the Claim and to initiate the Dispute Resolution Process with respect to such Claim. E. Response to Claims, Meet and Confer 1. Claims less than $50,000. Claims less than $50.000 shall be responded to by City in writing within forty-five(45)days of receipt of the Claim, unless City requests additional information or documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City shall respond to the Claim within fifteen (15) days after receipt of the further information or documentation or within a period of time no greater than that taken by Contractor in producing the additional information or documentation,whichever is greater. 2. Claims$50,000 or more. Claims$50,000 or more shall be responded to by City in writing within (60)days of receipt of the Claim, unless City requests additional information or documentation of the Claim within thirty(30)days of receipt of the Claim, in which case City shall respond to the Claim within thirty(30)days after receipt of the further information or documentation or within a period of time no greater than that taken by Contractor in producing the additional information or documentation,whichever is greater. I Meet and Confer. If Contractor disputes City's response, or if City fails to respond within the prescribed time set forth in Paragraph 7.10-E.1 and 7.10-E.2, above, Contractor may so notify City, in writing, within fifteen (15) days of City's response, or within fifteen (15) days of City's response due date in the event of a failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon such demand,City shall schedule a meet and confer conference within thirty (30) days of such demand, for discussion of settlement of the dispute. F. Finality of Decision If Contractor disputes the Director's decision under this Article, it shall commence the Dispute Resolution Process as set forth in Article 15 of these General Conditions by filing a Statement of Dispute within seven(7)days after receipt of the Director's response. G Continuing Contract Performance/Duty to Proceed with Disputed Work Contractor shall not delay or postpone any Work pending resolution of any claims, disputes or disagreements. Pending final resolution of a claim, the Contactor shall proceed diligently with performance of the Contract and the City shall continue to make payments for undisputed Work in accordance with the Contract Documents. In the event of disputed Work, City shall Have the right to unilaterally issue a Work Directive and Contractor shall continue performance pending resolution of the dispute and shall maintain the accounting and cost data to substantiate the cost of such disputed work. (END OF ARTICLE] ARTICLE 8 - MATERIALS AND EOIPMENT 801 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 salisfactory 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 specked, 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 V 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. 804 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. Helshe shall place at the Director's disposal all available facilikies 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 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. 805 ORDERING MATERIALS AND EQUIPMENT One copy of each of the Contractor's purchase orders for materials and equipment forming a portion of the Work must be furnished to the Director, if requested. Each such purchase order shall contain a statement that the materials and equipment included in the order are subject to inspection by the City. Materials and equipment purchased locally will,at the City's discretion, be inspected at the point of manufacture or supply,and materials and equipment supplied from points outside the Los Angeles area will be inspected upon arrival at the job,except when other inspection requirements are provided for specific materials in other sections of the Contract Documents. 806 AUTHORITY OF THE DIRECTOR A. On all questions concerning the acceptability of materials or machinery,the classification of materials, the execution of the Work,and conflicting interests of Contractors performing related work,the decision of the Director shall be final and binding. B. The Director will make periodic observations of materials and completed work to observe their compliance with Drawings, Specifications, and design and planning concepts, but he/she is not responsible for the superintendence of construction processes,site conditions,operations,equipment, personnel,or the maintenance of a safe place to work or any safety in,on,or about the site of work, 8.07 INSPECTION All materials furnished and work done under this Contract will be subject to rigid inspection.The Contractor shall furnish,without extra charge,the necessary test pieces and samples,including facilities and labor for obtaining them, as requested by the Director.The Director, or his/her authorized agent or agents,at all times shall have access to all parts of the shop and the works where such materials under his/her inspection is being manufactured or the work performed. Work or material that does not conform to the Specifications, although accepted through oversight,may be rejected at any stage of the Work. Whenever the Contractor is permitted or directed to do night work or to vary the period during which work is carried on each day, he/she shall give the Director due notice, so that inspection may be provided. Such work shall be done under regulations to be furnished in writing by the Director. 808 INFRINGEMENT OF PATENTS The Contractor shall hold and save the City, its officers, agents, servants, and employees harmless from and against all and every demand or demands,of any nature or kind,for or on account of the use of any patented invention, process, equipment, article, or appliance employed in the execution of the Work or included in the materials or supplies agreed to be furnished under this Contract, and should the Contractor, his/her agents, servants,or employees,or any of them,be enjoined from fumishing 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 himlher and his/her surety, notwithstanding final payment under this Contract may have been made. [END OF ARTICLE] ARTICLE 9 — SUBMITTALS 901 GENERAL A. The Contractor shall submit samples,drawings,and data for the Director's approval which demonstrate fully that the construction, and the materials and equipment to be furnished will comply with the provisions and intent of the Drawings and Specifications. B. Specific items to be covered by the submittals shall include,as a minimum,the following: 1. For structures, submit all shop, setting, equipment, miscellaneous iron and reinforcement drawings and schedules necessary. 2. For conduits, submit a detailed layout of the conduit with details of bends and fabricated specials and furnish any other details necessary. Show location of shop and field welds. 3. For equipment which requires electrical service,submit detailed information to show power supply requirements, wiring diagrams, control and protection schematics, shop test data, operation and maintenance procedures, outline drawings, and manufacturer's recommendation of the interface/intedock 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. 904 SHOP DRAWINGS A. All shop drawings shall be produced to a scale sufficiently large to show all pertinent features of the item and its method of connection to the Work. B. All shop drawing prints shall be made in blue or black line on white background. Reproductions of City/Contract Drawings are not acceptable. C. The overall dimensions of each drawing submitted to the Director shall be equal to one of the City's standard sheet sizes as listed below. The title block shall be located in the lower right hand comer of each drawing and shall be clear of all line Work,dimensions,details,and notes. Sheet Sizes Height X Width 11'X 81/2" 11'X17 24"X 36' 30"X 42" 9.05 COLORS Unless the precise color and pattern are specified elsewhere,submit accurate color charts and pattern charts to the Director for his/her review and selection whenever a choice of color or pattern is available in a specified product.Label each chart naming the source,the proposed location of use on the project,and the project. 906 MANUFACTURERS'LITERATURE Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, dearly show which portions of the contents are being submitted for review. 907 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 fife 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, 908 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 formal. Manuals shall contain at least the following: 1. Identification on,or readable through,the front cover stating general nature of the manual. 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 conceming changes made during construction. B. Where contents of manuals include manufacturers' catalog pages, clearly indicate the precise items included in this installation and delete,or otherwise clearly indicate,all manufacturers'data with which this installation is not concerned. 9.09 AS-BUILT DRAWINGS A. When required to be submitted covering items included in this Work,the Contractor shall deliver to the City one complete set of final As-Built hard copy drawings together with a set of AutoCAD drawing files in electronic format showing completed building, 'as-built"for City records before the Contract will be accepted by the City. B. The drawings shall be duplicates and at the same size and dimensional scale as the originals. They shall be on a polyester translucent base material with a minimum sheet thickness of.003 inch(.08mm). C. The legibility and contrast of each drawing submitted to the City shall be such that every line,number, letter,and character is clearly readable in a full size blow back from a 35 mm microfilm negative of the drawing. 9.10 SUBMITTALS QUANTITIES A. Submit seven(7)copies of all data and drawings unless specified otherwise. B. Submit all samples, unless specified otherwise, in the quantity to be returned, plus two,which will be retained by the Director. 9.11 IDENTIFICATION OF SUBMITTALS Completely identify each submittal and re-submittal by showing at least the following information: A. Name and address of submtttter, plus name and telephone number of the individual who may be contacted for further information. B. Name of project as it appears in the Contract Documents and Specification No. C. Drawing number and Specifications section number other than this section to which the submittal applies. D. Whether this is an original submittal or re-submittal. E. For samples,indicate the source of the sample. 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. 913 COORDINATION OF SUBMITTALS A. Prior to submittal for the Directors review, use all means necessary to fully coordinate all material, including the following procedures; 1. Determine and verify all field dimensions and conditions, materials,catalog numbers, and similar data. 2. Coordinate as required with all trades and with all public agencies involved. 3. Secure all necessary approvals from public agencies and others and signify by stamp, or other means,that they have been secured. 4. Clearly indicate all deviations from the Specifications. B. Unless otherwise specifically permitted by the Director, make all submittals in groups containing all associated items;the Director may reject partial submittals as not complying with the provisions of the Specifications. 914 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. 915 APPROVAL BY CITY A. Up to three(3)copies of each submittal, except manuals, schedule of costs for progress payments, and as-built drawings will be returned to the Contractor marked 'No Exceptions Taken," "Make Corrections Noted-Do Not Resubmit,"or"Make Corrections Noted-Resubmit."Manuals,schedule of costs,and as-built drawings will be returned for re-submittal if incomplete or unacceptable. B. Submittals marked'Approved as Noted'need not be resubmitted,but the notes shall be followed. C. If submittal is returned for correction,it will be marked to indicate what is unsatisfactory. D. Resubmit revised drawings or data as indicated,in five(5)copies. E. Approval of each submittal by the Director will be general only and shall not be construed as: 1. Permitting any departures from the Specifications requirements. 2. Relieving the Contractor of the responsibility for any errors and omissions in details,dimensions, or of other nature that may exist. I Approving departures from additional details or instructions previously furnished by the Director. 9.16 CHANGES TO APPROVED SUBMITTALS A. A re-submittal is required for any proposed change to an approved submittal. Changes which require re-submittal include, but are not necessarily limited to, drawing revisions, changes in materials and equipment, installation procedures and test data.All re-submittals shall include an explanation of the necessity for the change. B. Minor corrections to an approved submittal may be accomplished by submitting a'Corrected Copy'. [END OF ARTICLE] ARTICLE 10 — SAFETY 10.01 PROTECTION OF PERSONS AND PROPERTY A Contractors Responsibility: Notwithstanding any other provision of the Contract Documents, the Contractor shall be solely and completely responsible for conMons 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, Stale, 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 fumished as, in the opinion of the Director, may seem reasonable and necessary. The cost and expense of all repairs(including labor and materials) as are deemed necessary, shall be bome by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor. 1002 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 Contractors 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 ff 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 Califomia. 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 Contractors 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 space entry program may result in actions as provided in Article 5:'Suspension or Termination of Contract." C. Material Safety Data Sheet Contractor shall comply with all of the provisions of General Industry Safety Orders of the California Administrative Code. The Contractor shall submit to the Director a Material Safety Data Sheet(MSDS) for each hazardous substance proposed to be used,ten(10)days prior to the delivery of such materials to the job site or use of such materials at a manufacturing plant where the Director is to perform an inspection. For materials which are to be tested in City laboratories,the MSDS shall be submitted with the sample(s). Hazardous substance is defined as any substance included in the list(Director's List) of hazardous substances prepared by the Director, California Department of Industrial Relations, pursuant to Labor Code Section 6382. Failure to submit an MSDS for any hazardous substance may result in actions as provided in Article 5,'Suspension or Termination of Contract". 10.03 DIFFERING SITE CONDITIONS A. Differing Site Conditions Defined. The Contractor shall promptly, and before such conditions are disturbed, notify the Director in writing of any Differing Site Conditions. Differing Site Conditions are those conditions,located at the project site or in existing improvements and not otherwise ascertainable by Contractor through the exercise of due diligence in the performance of its inspection obligations in the Contract Documents, encountered by Contractor in digging trenches or other excavations(s)that extend deeper than four feet below the surface of the ground that constitute: 1. Material that the Contractor believes may be material that is hazardous waste as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. 2. Subsurface or latent physical conditions at the site differing materially from those indicated in these Contract Documents. 3. Unknown physical conditions at the site, of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in these Contract Documents. B. Notice by Contractor. If The Contractor encounters conditions it believes constitute Differing Site Conditions, then notice of such conditions shall, before such conditions are disturbed, be promptly reported to the Director followed within twenty-four (24) hours by a further written notice stating a detailed description of the conditions encountered. C. The Director will promptly investigate the conditions and If he/she finds that such conditions do materially differ, or do involve hazardous waste, and do cause an increase or decrease in the Contractor's cost of, or time required for,performance of any part of the Work under this Contract, an equitable adjustment will be made,as determined by the Director. D. Change Order Request, If Contractor intends to seek an adjustment to the Contract Sum or Contract Time based upon Differing Site Conditions,it must,within ten(10)Days afterthe Discovery Date relative to such conditions,submit a Change Order Request setting forth a detailed cost breakdown and Time Impact Analysis, in the form required by Article 6 of these General Conditions, of the additional Allowable Costs and Excusable Delay resulting from such Differing Site Conditions. E. Failure to Comply. Failure by Contractor to strictly comply with the requirements of this Paragraph 10.03 concerning the timing and content of any notice of Differing Site Conditions or request for adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be deemed waiver of any right by the Contractor for an adjustment in the Contract Sum or Contract Time by reason of such conditions. F. Final Completion. No claim by the Contractor for additional compensation for Differing Site Conditions shall be allowed if asserted after Final Payment. G. In the event of disagreement between the Contractor and the Director whether the conditions do materially differ or whether a hazardous waste is involved or whether the conditions cause an increase or decrease in the Contractors cost of,or time required for, performance of any part of the Work, the Contractor shall not be excused from any completion date required by the Contract, but shall proceed with all Work to be performed under the Contract Documents. H. The Contractor shall retain all rights provided by, and shall be subject to all requirements of, this Contract which pertain to the resolution of disputes and protests. I. Contractor Responsibility. Except as otherwise provided in this Paragraph 10.03 for Differing Site Conditions, Contractor agrees to solely bear the risk of additional cost and Delay due to concealed or unknown conditions,surface or subsurface,at the Site or in Existing Improvements,without adjustment to the Contract Sum or Contract Time. 10.04 TRAFFIC REGULATION A. During the performance of the Work the Contractor shall erect and maintain necessary temporary fences,bridges,railings,lights,signals, barriers,or other safeguards as shall be appropriate under the circumstance in his/her judgment for the prevention of accidents; and he/she shall take other precautions as necessary for public safety including, but not limited to, traffic control. Traffic control shall be conducted in accordance with the latest edition of the Work Area Traffic Control ("WATCH") handbook, published by BNi Books, and as directed and approved by the City Traffic and Transportation Administrator. B. Contractor shall submit at least ten(10)Working Days prior to Work a detailed traffic control plan,that is approved by all agencies having jurisdiction and that conforms to all requirements of the Specifications. C. No changes or deviations from the approved detailed traffic control plan shall be made, except temporary changes in emergency situations, without prior approval of the City Traffic and Transportation Administrator and all agencies having jurisdiction. Contractor shall immediately notify the Director, the City Traffic and Transportation Administrator and the agencies having jurisdiction of occurrences that necessitate modification of the approved traffic control plan. D. Contractor's failure to comply with this provision may result in actions as provided in Article 5: "Suspension or Termination of Contract"of these General Conditions. 10.05 TRAFFIC CONTROL DEVICES A. Traffic signs, flashing lights, barricades and other traffic safety devices used to control traffic shall conform to the requirements of the WATCH handbook or the manual of traffic control, whichever is more stringent,and as approved by the City Traffic and Transportation Administrator. 1. Portable signals shall not be used unless permission is given in writing by the agency having jurisdiction. 2. Warning signs used for nighttime conditions shall be reflectorized or illuminated. 'Reflectorized signs' shall have a reflectorized background and shall conform to the current State of Caldomia 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 Anthony Miranda Vernon Police Department 4305 Santa Fe Avenue Vernon,CA 90058 Notification shall be sent at least two(2)weeks prior to the beginning of construction at any particular location. Notification will include the specific location, project dates,what lanes of the roadway will be closed and when. Also the construction project manager's name and business phone number and the construction inspector's name and business phone number. B. The Contractor shall notify,by telephone,the Police Department, (323)587-5171 at the completion of any posting of temporary no parking signs. Notification will include the times, dates and locations of the posting. When vehicles must be towed for violation of temporary no parking signs,the person who actually posted the signs, or on-view supervisor of that posting, will be present to answer pertinent questions that may be asked by the parking enforcement officer or police officer towing the vehicles. C. The Contractor shall notify the Vernon Fire Department, on a daily basis during the entire period that construction is in progress whenever roadways are reduced in width or blocked. Notification shall be made to the Fire Dispatch(323)583-4821 and the Contractor shall provide the information required to identify which roadways would have accessibility problems due to his/her operations. The Contractor shall submit to Fire Department schedule of Work for their use and files. D. Roads subject to interference from the Work covered by this Contract shall be kept open, and the fences subject to interference shall be kept up by the Contractor until the Work is finished. Except where public roads have been approved for closure, traffic shall be permitted to pass through designated traffic lanes with as little inconvenience and delay as possible. E. Where alternating one-way traffic has been authorized,the maximum time that traffic will be delayed shall be posted at each end of the one-way traffic section. The maximum delay time shall be approved by the agency having jurisdiction. F. Contractor shall install temporary traffic markings where required to direct the flow of traffic and shall maintain the traffic markings for the duration of need. Contractor shall remove the markings by abrasive blasting when no longer required. G. Convenient access to driveways and buildings in the vicinity of Work shall be maintained as much as possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and kept in good condition, H. When leaving a Work area and entering a roadway carrying public traffic,the Contractors equipment, whether empty or loaded,shall in all cases yield to public traffic. 10.07 FLAGGING A. Contractor shall provide flaggers to control traffic where required by the approved traffic control plan. 1. Flaggers shall perform their duties and shall be provided wish the necessary equipment in accordance with the current 'Instructions to Fiaggers' of the California Department of Transportation. 2. Flaggers shall be employed full time on traffic control and shall have no other duties. 10.08 PEDESTRIAN CANOPIES OR BARRICADE IMPROVEMENTS Refer to City of Vernon for requirements for building or access road safety improvements that the Contractor shall construct during construction period. These devices or improvements, as the City deems necessary or prudent,shall be at the expense of the Contractor. [END OF ARTICLE] ARTICLE 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 notioe, penalty,loss of revenue, and expense(including any fees of accountants,attorneys,experts or other professionals,and costs of investigation,mediation,arbitration,litigation and appeal),in law or in equity,of every kind and nature whatsoever,arising out of or in connection with,resulting from or related to,or claimed to be arising out of the Work performed by Contractor,or any of its officers,agents, employees, Subcontractors, Sub-Subcontractors,design consultants or any person for whose acts any of them may be liable, regardless of whether such claim,suit or demand is caused,or alleged to be caused, in part, by an Indemnitee, including but not limited to: A. Bodily injury,emotional injury,sickness or disease,or death to any persons; B. Infringement of any patent rights, licenses, copyrights or intellectual property which may be brought against the Contractor or City arising out of Contractor's Work,for which the Contractor is responsible; C. Stop notices and claims for labor performed or materials used or fumished to be used in the Work, including all incidental or consequential damages resulting to City from such stop notices and claims; D. Failure of Contractor or its Subcontractors to comply with the provisions for insurance; E. Failure to comply with any Governmental Approval or similar authorization or order; F. Misrepresentation, misstatement,or omission with respect to any statement made in or any document furnished by the Contractor in connection therewith; G. Breach of any duty,obligation,or requirement under the Contract Documents; H. Failure to provide notice to any Party as required under the Contract Documents; I. Failure to protect the property of any utility provider or adjacent property owner;or J. Failure to make payment of all employee benefits. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees,except that, to the limited extent mandated by California Civil Code Section 2782, the Contractor shall not be responsible for liabilities which arise from the sole negligence or willful misconduct of Indemnitees or arise from the active negligence of City. 11.02 ENFORCEMENT Contractor's obligations under this Article extend to claims occurring after termination of the Contractor's performance of the Contract or Final Payment to Contractor. The obligations apply regardless of any actual or alleged negligent act or omission of Indemnitees, Contractor, however, shall not be obligated under this Agreement to indemnify an Indemnitee for claims arising from the sole active negligence or willful misconduct of the Indemnitee or independent contractors who are directly responsible to Indemnitees. Contractor's obligations under this Article are in addition to any other rights or remedies which the Indemnitees may have under the law or under the Contract Documents. In the event of any claim,suitor demand made against any Indemn4ees,the City may in its sole discretion reserve, retain or apply any monies due to the Contractor under the Contract for the purpose of resolving such claims;provided, however,that the City may release such funds if the Contractor provides the City with reasonable assurance of protection of the City's interests. The City shall in its sole discretion determine whether such assurances are reasonable. 11.03 NO LIMITATIONS Contractor's indemnification and defense obligations set forth in this Article are separate and independent from the insurance provisions set forth in Article 12 herein; and do not limit, in any way, the applicability, scope, or obligations set forth in those insurance provisions. In claims,suits, or demands against any Indemnitee by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable,the Contractor's indemnification and defense obligations shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers'compensation acts,disability benefits acts,or other employee benefits acts. [END OF ARTICLE] ARTICLE 12.— INSURANCE 12.01 CONDITION TO COMMENCEMENT Contractor shall not commence Work under this Contract until Contractor has obtained all insurance required hereunder from a company or companies acceptable to City, nor shall the Contractor allow any Subcontractor to commence Work on a subcontract until all insurance required of said Subcontractor has been obtained. Proof of insurance including insurance certificates and endorsements as set forth in Exhibit 4 must be submitted by the Contractor prior to the City's execution of the Contract. 12.02 MINIMUM COVERAGE AND LIMITS Contractor shall maintain the insurance coverage as set forth in Exhibit 4 throughout the term of the Contract. 12.03 CONDITIONS REGARDING INSURANCE COVERAGE AND LIMITS City and Contractor agree as follows: A. All insurance coverage and limits provided pursuant to the Contract Documents shall apply to the full extent of the policies involved, available or applicable. Nothing contained in the Contract Documents or any other agreement relating to City or its operations limits the application of such insurance coverage. B. None of the policies required by this Contract shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing by the City Attorney or Citys Risk Manager. 12.04 INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY OBLIGATION This Agreement's insurance provisions: A. Are separate and independent from the indemnification and defense provisions in Article 12 of the Agreement;and B. Do not limit, in any way,the applicability,scope, or obligations of the indemnification and defense provisions in Article 12 of the Agreement. [END OF ARTICLE] ARTICLE 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'T attached hereto. 3. A Maintenance Bond in an amount equal to ten percent(10%)of the total Contract price in the form shown in Exhibit attached hereto. 13.02 POWER OF ATTORNEY All bonds shall be accompanied by a power of attomey from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety shall be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. 13.03 APPROVED SURETY All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of 'A: VII", or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. 13.04 REQUIRED PROVISIONS Every bond must display the surety's bond number and incorporate the Contract forconstruction of the Work by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change,extension of time, alteration,or modification of the Contract Documents. 13.05 NEW OR ADDITIONAL SURETIES If, during the continuance of the Contract, any of the sureties, in the opinion of the City, are or become non- responsible or otherwise unacceptable to City, City may require other new or additional sureties, which the Contractor shall furnish to the satisfaction of City within ten (10) days after notice, and in default thereof the Contract may be suspended and the materials may be purchased or the Work completed as provided in Article 5 herein. 13.06 WAIVER OF MODIFICATIONS AND ALTERATIONS No modifications or alterations made in the Work to be performed under the Contract or the time of performance shall operate to release any surety from liability on any bond or bonds required to be given herein. Notice of such events shall be waived by the surety. 13.07 APPROVAL OF BONDS The Contract will not be executed by City nor the Notice to Proceed issued until the required bonds have been received and approved by City. Citys decision as to the acceptability of all sureties and bonds is final. No substitution of the form of the documents will be permitted without the prior written consent of City. [END OF ARTICLE] ARTICLE 14 - LABOR PROVISIONS 1401 WORKING HOURS Work or activity of any kind shall be limited to the hours from 7:00 a.m. to 7:00 p.m. No construction noise shall be permitted between the hours of 7:00 p.m.and 7:00 a.m.of the next day. B Work in excess of eight(8) hours per day, on Saturdays, Sundays, or on City holidays requires prior consent of the Director and is subject to Cost of Overtime Construction Inspection. C Night,Sunday and Holiday Work. No Work shall be performed at night, Sunday,or the ten(10)legal holidays to wit: New Years Day, Martin Luther King,Jr. Day,Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday following Thanksgiving Day, and Christmas Day, except Work pertaining to the public safety or with the permission of the Director,and accordance with such regulations as he/she shall furnish in writing. Before performing any Work at said times,except Work pertaining to the public safety,the Contractor shall give written notice to the Director so that proper inspection may be provided. 'Night" as used in this paragraph shall be deemed to include the hours from 7:00 P.M.to 7:00 A.M.of the next succeeding day. 1402 COST OF OVERTIME CONSTRUCTION SERVICES AND INSPECTIONS 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 Cafrfomia 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 on"endar week. 2. Work performed by employees of the Contractor in excess of eight(8)hours per day,and 40 hours during any one calendar week, shall be permitted upon compensation for all hours worked in excess of eight(8)hours per day at not less than one and one-half times the basic rate of pay. 3. The Contractor and every Subcontractor shall keep an accurate record showing the name of and the actual hours worked each calendar day and each calendar week by each worker employed by him/her in connection with the Work;the record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Standards Enforcement of the State of California. 4. In the event City deems Contractor is in violation of this Paragraph 14.03,the Contractor shall,as a penalty,forfeit Fifty Dollars($50.00)for each worker employed in the execution of the Contract by the Contractor or by any Subcontractor for each calendar day for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. For each subsequent violation, a(one hundred dollar)$100 penalty shall apply for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to cover underpaid wages.This subparagraph is effective to the extent it does not directly conflict with the overtime penalty provision of California Labor Code Section 558. In the event of such conflict,the California Labor Code governs over this Paragraph 14.03(A)(4). 14.04 WAGE RATES A. Prevailing Wages 1. Contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime Work in the locality in which the Work is to be performed, for each craft, classification, or type of worker needed to execute the Contract. The Director of the Department of Industrial Relations of the State of California (pursuant to California Labor Code) and the United States Secretary of Labor (pursuant to the Davis-Bacon Act) have determined the general prevailing rates of wages in the locality in which the Work is to be performed. The rates are available online at www.cir.cyov/DLSR/PWDt. 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 specked herein shall be adjusted by the Contractor at histher own expense. B. Payroll Records 1. Pursuant to California Labor Code Section 1776, the Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, Work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the Work. The payroll records shall be certified and shall be available for inspection. 2. The Contractor shall inform the City of the location of the payroll records, including the street address,city and county, and shall,within five(5)Working Days, provide a notice of change in location and address. 3. Upon request by the Director, the Contractor shall provide a copy of the certified payroll records along with a statement of compliance. 14.05 APPRENTICESHIP STANDARDS A. Compliance with Califomia Labor Code Section 1777.5 requires all public works contractors and subcontractors to: 1. Prior to commencing work on a public works contract, submit Contract Award information to the applicable joint apprenticeship committee, including an estimate of the journeyman hours to be performed under the Contract,the number of apprentices to be employed, and the approximate dates the apprentices will be employed. Use Form DAS-140 from the State Department of Industrial Relations. The City reserves the right to require Contractor and Subcontractors to submit a copy of said forms to the City. 2. Employ apprentices for the public work at a ratio of no less than one(1)hour or apprentice work for every five(5) hours or labor performed by a journeyman. To request dispatch of apprentices, use Form DAS-142 from the State Department of Industrial Relations. The City reserves the right to require Contractor and Subcontractors to submit a copy of said forms to the City. 3. Pay the apprentice rate on public works projects only to those apprentices who are registered, as defined in Labor Code Section 3077. 4. Contribute to the training fund in the amount identified in the Prevailing Wage Rate publication for journeyman and apprentices. Contractors who choose not to contribute to the local training trust fund must make their contributions to the California Apprenticeship Council, P.O. Box 420603, San Francisco, CA 94142. B. Failure to comply with the provisions of Califomia Labor Code Section 1777.5 may result in the loss of the right to bid or perform work on all public works projects for a period of one to three years and the imposition of a civil penalty of One Hundred Dollars ($100,00) for each calendar day of noncompliance for the first violation and up to Three Hundred Dollars ($300.00)for each calendar day of noncompliance for a second or subsequent violation. Contractor should make a separate copy of this material for each of his/her Subcontractors. C. Payroll Records. The Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman apprentice, worker or other employee employed in connection with the work. The payroll records shall be certified and shall be submitted to the Project Manager every two weeks. D. Statement of Employer Fringe Benefit Payments.Within five(5)calendar days of signing the Contract or Subcontract, as applicable, the Statement of Employer Payments(DLSE Form PW 26 from the State Department of Industrial Relations)shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification,the fund, plan or trust name,address, administrator, the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. 14.06 EMPLOYMENT OF APPRENTICES A. In the performance of this Contract, the Contractor and any Subcontractor shall comply with the provisions concerning the employment of apprentices in the Labor Code of the State of California and any amendments thereof. B. In the event the Contractor or any Subcontractor willfully fails to comply with the aforesaid provisions of the Labor Code, such Contractor or Subcontractor shall be subject to the penalties for noncompliance in the Labor Code of the Slate of California and any amendments thereof. 14.07 REGISTRATION WITH THE STATE DEPARTMENT OF INDUSTRIAL RELATIONS In the performance of this Contract, Contractor andlor any Subcontractor must be currently registered and qualified (including payment of any required fee)with the State Department of Industrial Relations pursuant to Labor Cade section 1725.5. This project is subject to compliance monitoring and enforcement by the State Department of Industrial Relations. 14.08 CHARACTER OF WORKERS The Contractor shall not allow histher agents or employees,Subcontractors,or any agent or employee thereof, to trespass on premises or lands in the vicinity of the Work. Only skilled foremen and workers shall be employed on Work requiring special qualifications, and when required by the Director, the Contractor shall discharge any person who commits trespass,or in the opinion of the Director,acts in a disorderly,dangerous, insubordinate, incompetent,or otherwise objectionable manner. Any employee being intoxicated or bringing or having intoxicating liquors or controlled substances on the Work shall be discharged. Such discharge shall not be the basis of any claim for compensation of damages against the City or any of its officers, agents,and employees. 14.09 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 15 - DISPUTE RESOLUTION 1501 SUBMISSION OF CLAIMS A. By Contractor Contractors 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 Contractors Claim. Contractors Statement of Dispute shall be signed under penalty of perjury and shall state with specificity the events or circumstances giving rise to the Claim, the dates of their occurrence and the effect,if any,on the compensation due or performance obligations of Contractor under the Construction Contract. Such Statement of Dispute shall include adequate supporting data to substantiate the disputed Claim. Adequate supporting data for a Claim relating to the adjustment of the Contractors obligations relative to time of performance shall include a detailed, event-by-event description of the impact of each delay on Contractors time for performance. Adequate supporting data 10 a Statement of Dispute submitted by Contractor involving Contractors compensation shall include a detailed cost breakdown and supporting cost data in such form and including such detailed information and other supporting data as required to demonstrate the grounds for,and precise amount of,the Claim. B By City City's right to commence the Claims Dispute Resolution Process shall arise at any time following the City's actual discovery of the circumstances giving rise to the Claim. Nothing contained herein shall preclude City from asserting Claims in response to a Claim asserted by Contractor. A Statement of Dispute submitted by City shall state the events or circumstances giving rise to the Claim,the dates of their occurrence and the damages or other relief claimed by City as a result of such events. C. Claims Defined The term'claims"as used herein shall be as defined in Cal'rfomia Public Contract Code§20104(b)(2). 15.02 CLAIMS DISPUTE RESOLUTION PROCESS The parties shall utilize each of the following steps in the Claims Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Claims Dispute Resolution Process,which good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the Claims Dispute Resolution Process, A Direct Negotiations Designated representatives of City and Contractor shall meet as soon as possible (but not later than ten (10) Days after receipt of the Statement of Dispute) in a good faith effort to negotiate a resolution to the Claim. Each party shall be represented in such negotiations by an authorized representative with full knowledge of the details of the Claim or defenses being asserted by such party, and with full authority to resolve such Claim then and there,subject only to City's right and obligation to obtain City Council[or other City official]approval of any agreed settlement or resolution. In the Claim involves the assertion of a right or claim by a Subcontractor against Contractor that is in turn being asserted by Contractor against City, then such Subcontractor shall also have a representative attend such negotiations, with the same authority and knowledge as just described. Upon completion of the meeting, if the Claim is not resolved, the parties may either continue the negotiations or either party may declare negotiations ended. All discussions that occur during such negotiations and all documents prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152. 8 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,shalt be deferred pending Final Completion of the Work,subject to City's right,in its sole and absolute discretion, to require that the claims Dispute Resolution Process proceed prior to Final Completion. In the event that City does not elect to proceed with the Claims Dispute Resolution Process prior to Final Completion of the Work, all Claims that have been deferred until such Final Completion shall be consolidated within a reasonable time after such Final Completion and thereafter pursued to resolution pursuant to the Claims Dispute Resolution Process. Nothing contained in this Article 15 shall be interpreted as limiting the parties' rights to continue informal negotiations of Claims that have been deferred until such Final Completion; provided, however,that such informal negotiations shall not be interpreted as altering the provisions of this Article 15 deferring final determination and resolution of unresolved Claims until after Final Completion of the Work. C Legal Proceedings If the Claim is not resolved by direct negotiations then the party wishing to further pursue resolution or determination of the Claim shall submit the Claim for determination by commencing legal proceedings in a court of competent jurisdiction. 15.03 NO WAIVER Participation in the Claims Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of either party, including,without limitation, any defense based on the assertion that the rights of Contractor that are the basis of a Claim were previously waived by Contractor due to failure to comply with the Contract Documents, including, without limitation, Contractor's failure to comply with any time periods for providing notices or for submission or supporting documentation of Claims. [END OF ARTICLE] ARTICLE 16 - ACCOUNTING RECORDS 16.01 MAINTENANCE OF RECORDS Contractor shall keep, and shall include in its contracts with its Subcontractors, provisions requiring its Subcontractors to keep full and detailed books and records in accordance with the requirements of the Contract Documents, including the following: all information, materials and data of every kind and character (hard copy,as well as computer readable data if it exists),that have any bearing on or pertain to any matters, rights,duties or obligations relating to the Project or the performance of the Work, including,without limitation, agreements,purchase orders,leases,contracts,commitments,arrangements,notes,change orders,change order requests,estimates,field orders,schedules,diaries,logs,reports,shop drawings,samples,exemplars, Drawings, Specifications, invoices, delivery tickets, receipts, vouchers, cancelled checks, memoranda; accounting records; job cost reports; job cost files (including complete documentation covering negotiated settlements); backcharge; general ledgers; documentation of cash and trade discounts earned; insurance rebates and dividends, and other documents relating in way to Claims or Change Orders, Construction Change Directives,Wort(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 gooks and records or to require delivery of such books and records to City for inspection, audit and/or reproduction. [END OF ARTICLE] 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 oonstitutes a sale on which a federal excise tax is imposed and the sale is exempt from such excise tax because it is a sale to meat for its exclusive use,then City,upon request,will execute documents necessary to show that is a political subdivision of the State for the purposes of such exemption and that the sale is for the exclusive use of the City,in which case no excise tax for such materials shall be included in the Bid or Contract Sum. C. Notice of Violations Contractor shall immediately notify the City and Director in writing of any instruction received from the City, Director, Architect or other person or entity that, H 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 shall be entitled to assume that such instruction is in compliance with applicable laws and lawful orders of governmental authorities. If Contractor observes that any portion of the Drawings and Specifications or Work are at variance with applicable laws or lawful orders of governmental authorities, or should Contractor become aware of conditions not covered by the Contract Documents which will result in Work being at variance therewith,Contractor shall promptly notify Director in writing.If,without such notice to Director,Contractor or any Subcontractor performs any Work which it knew,or through the exercise of reasonable care should have known, was contrary to lawful orders of governmental authorities or applicable laws,then Contractor shall bear all resulfing losses at its own expense,at no cost to City and without adjustment to the Contract Sum. 17.02 OWNERSHIP OF DESIGN DOCUMENTS A. Property of City All Design Documents, Contract Documents and Submittals (including, without limitation, all copies thereof) and all designs and building designs depicted therein are and shall remain the sole and exclusive property of the City and the City shall solely and exclusively hold all copyrights thereto. Without derogation the City's rights under this Paragraph, the Contractor and Subcontractors are granted a limited, non-exclusive license, revocable at will of City, to use and reproduce applicable portions of the Contract Documents and Submittals as appropriate to and for use in the execution of the Work and for no other purpose. B. Documents on Site Contractor shall keep on the Project site,at all times and for use by City,Director,Inspectors of Record and City's Consultants, a complete set of the Contract Documents that have been approved by applicable Governmental Authorities. C. Delivery to City All Design Documents, Contract Documents and Submittals in the possession of Contractor or Subcontractors shall be returned to the City upon the earlier of Final Completion or termination of the Construction Contract;provided,however,that Contractor and each Subcontractor shall have the right to retain one(1)copy of the Contract Documents and Submittals for its permanent records D. Subcontractors Contractor shall take all necessary steps to assure that a provision is included in all subcontracts with Subcontractors,of every tier,who perform Work on the Project establishing,protecting and preserving the,City's rights set forth in this Paragraph. 17.03 AMENDMENTS The Contract Documents may be amended only by a written instrument duly executed by the parties or their respective successors or assigns. 17.04 WAIVER Either party's waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of the Contract Documents at any time shall not in any way limit or waive that party's right thereafter to enforce or compel strict compliance with every term,covenant, condition or other provision,any course of dealing or custom of the trade notwithstanding. Furthermore, if the parties make and implement any interpretation of the Contract Documents without documenting such interpretation by an instrument in writing signed by both parties, such interpretation and implementation thereof will not be binding in the event of any future disputes. 17.05 INDEPENDENT CONTRACTOR Contractor is an independent contractor,and nothing contained in the Contract Documents shall be construed as constituting any relationship with City other than that of Project owner and independent contractor. In no event shall the relationship between City and Contractor be construed as creating any relationship whatsoever between City and Contractor's employees. Neither Contractor nor any of its employees is or shall be deemed to be an employee of City. Except as otherwise specked in the Contract Documents, Contractor has sole authority and responsibility to employ,discharge and otherwise control its employees and has complete and sole responsibility as a principal for its agents,for all Subcontractors and for all other Persons that Contractor or any Subcontractor hires to perform or assist in performing the Work. 17.06 SUCCESSORS AND ASSIGNS The Contract Documents shall be binding upon and inure to the benefit of City and Contractor and their permitted successors, assigns and legal representatives. A. City may assign all or part of its right, title and interest in and to any Contract Documents, including rights with respect to the Payment and Performance Bonds, to (a) any other governmental person as permitted by governmental rules, provided that the successor or assignee has assumed all of City's obligations,duties and liabilities under the Contract Document then in effect;and(b)any other Person with the prior written approval of Contractor. B. Contractor may collaterally assign its rights to receive payment under the Contract Documents. Contractor may not delegate any of its duties hereunder, except to Subcontractors as expressly otherwise permitted in the Contract Documents. Contractor's assignment or delegation of any of its Work under the Contract Documents shall be ineffective to relieve Contractor of its responsibility for the Work assigned or delegated, unless City, in its sole discretion, has approved such relief from responsibility. Any assignment of money shall be subject to all proper set-offs and withholdings in favor of City and to all deductions provided for in the Contract, All money withheld,whether assigned or not,shall be subject to being used by City for completion of the Work,should Contractor be in default. C. Except for the limited circumstances set forth in Paragraph 17.06-B, above, Contractor may not, without the prior written consent of City in its sole discretion, voluntarily or involuntarily assign, convey,transfer, pledge, mortgage or otherwise encumber its rights or interests under the Contract Documents. No partner, joint venturer, member or shareholder of Contractor may assign, convey, transfer, pledge, mortgage or otherwise encumber its ownership interest in Contractor without the prior written consent of City, in City's sole discretion. 17.07 SURVIVAL Contractor's representations and warranties, the dispute resolution provisions contained in Article 15,and all other provisions which by their inherent character should survive termination of the Contract and/or Final Acceptance,shall survive the termination of the Contact and the Final Acceptance Date. 17.08 LIMITATION ON THIRD PARTY BENEFICIARIES It is not intended by any of the provisions of the Contract Documents to create any third party beneficiary hereunder or to authorize anyone not a party hereto to maintain a suit for personal injury or property damage pursuant to the terms or provisions hereof,except to the extent that specific provisions(such as the warranty and indemnity provisions) identify third parties and state that they are entitled to benefits hereunder. The duties, obligations and responsibilities of the parties to the Contract Documents with respect to such third parties shall remain as imposed by law. The Contract Documents shall not be construed to create a contractual relationship of any kind between City and a Subcontractor or any other Person except Contractor. 17.09 PERSONAL LIABILITY OF CITY EMPLOYEES City's authorized representatives are acting solely as agents and representatives of City when carrying out the provisions of or exercising the power or authority granted to them under the Contract.They shall not be liable either personally or as employees of City for actions in their ordinary course of employment. No agent,consultant,Council member,officer or authorized employee of City,shall be personally responsible for any liability arising under the Contract. 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 Calfomia govern the construction and interpretation of the Contract Documents, without regard to conflict of law principles. Unless the Contract Documents provide otherwise,any reference to laws, ordinances, rules, or regulations include their later amendment, modifications, and successor legislation. If Contractor or City brings a lawsuit to enforce or interpret one or more provisions of the Contract Documents,jurisdiction is in the Superior Court of the County of Los Angeles, Califomia, or where otherwise appropriate,in the United States District Court,Central District of California. Contractor and City acknowledge that the Contract Documents were negotiated,entered into,and executed—and the Work was performed--�n the City of Vernon,California. 17.12 FURTHER ASSURANCES Contractor shall promptly execute and deliver to City all such instruments and other documents and assurances as are reasonably requested by City to further evidence the obligations of Contractor hereunder, including assurances regarding assignments of Subcontractors contained herein. 17,13 SEVERABILITY If any clause, provision, section, paragraph or part of the Contract is ruled invalid by a court having proper jurisdiction, then the parties shall: (a) promptly meet and negotiate a substitute for such clause, provision, section, paragraph or part, which shall, to the greatest extent legally permissible, effect the original intent of the parties, including an equitable adjustment to the Contract Price to account for any change in the Work resulting from such invalidated portion; and (b) if necessary or desirable,apply to the court or other decision maker(as applicable)which declared such invalidity for an interpretation of the invalidated portion to guide the negotiations. The invalidity or unenforceability of any such clause, provision, section, paragraph or part shall not affect the validity or enforceability of the balance of the Contract, which shall be construed and enforced as if the Contract did not contain such invalid or unenforceable clause, provision,section,paragraph or part. 17.14 HEADINGS The captions of the sections of the Contract are for convenience only and shall not be deemed part of the Contract or considered in construing the Contract. 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] EXHIBIT 1 Bond No. Premium Amount:$ Bond's Effective Date: PERFORMANCE BOND RECITALS: 1 The City of Vernon,California("City"),has awarded to (Name,address,and telephone of Contractor) ("Principal"), a Contract(the"Contract")for the Work described as follows: 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 Wont. 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,Wejointly and severally obligate and bind ourselves,and our respective heirs,executors,administrators,successors, and assigns to pay City the penal sum of Dollars($ ]("the Bonded Sum"),this amount comprising not less than the total Contract Sum,in lawful money of the United States of America. The California Licensed Resident Agent for Surety is. (Name,address,and telephone) Registered Agent's California Department of Insurance License No. THE CONDITION OF THIS BOND'S OBLIGATION IS THAT, if Principal promptly and faithfully performs the undertakings,terms, covenants,conditions,and agreements in the Contract and Contract Documents(including all their amendments and supplements),all within the time and in the manner that those documents specify,then this obligation becomes null and void. Otherwise,this Bond remains in full force and effect,and the following terms and conditions apply to this Bond: 1. This Bond specifically guarantees Principal's performance of each obligation and all obligations under the Contract and Contract Documents,as they may be amended and supplemented—including,but not limited to,Principal's liability for liquidated damages, Warranties,Guarantees, Correction, and Maintenance obligations as specified in the Contract and Contract Documents—except that Surety's total obligation,as described here,will not exceed the Bonded Sum. 2 For those obligations of Principal that survive Final Completion of the Work described in the Contract and Contract Documents,the guarantees in this Bond also survive Final Completion of the Work 3, When City declares that Principal is in default under the Contract,or Contract Documents,or both, Surety shall promptly: (a) remedy the default;(b)complete the Project according to the Contract Documents'terms and conditions then in effect;or(c)using a procurement methodology approved by City,select a contractor or contractors—acceptable to City--to complete all of the Work, and arrange for a contract between the contractor(s)and City. Surety shall make available,as the Work progresses,sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Contract and Contract Documents—including other costs and damages for which Surety is liable under this Bond—except that Surety's total obligation,as described here,will not exceed the Bonded Sum 4. An alteration,modification,change,addition,deletion,omission,agreement,or supplement to the Contract,Contract Documents,or the nature of the Work performed under the Contract or Contract Documents—including,without limitation,an extension of lime for performance—does not,in any way,affect Surety's obligations under this Bond. Surety waives any notice of alteration,modification, change,addition,deletion,omission,agreement,supplement,or extension of time 5. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's guaranteeing Principal's faithful performance of the Work. 6 No right of action accrues on this Bond to any entity other than City or its successors and assigns 7. If an action at law or in equity is necessary to enforce or interpret this Bond's terms,Surety must pay—in addition to the Bonded Sum—City's reasonable attorneys'fees and litigation costs,in an amount the court foxes. 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 duty executed this Bond,with the name of each party appearing below and signed by its representative(s)under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By By.- (Name) (Name) Its: Its: (Title) (T t e) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: CORPORATE SEAL CORPORATE SEAL ■ THIS BOND MUST BE EXECUTED IN TRIPLICATE. ■ EVIDENCE MUST BEATTACHEDOFTHEAUTHORITYOFANYPERSON SIGNING ASATTORNEY4N-FACT. ■ THE A TTORNEY4N-FACT'S 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 AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By By- Director of Public Works City Atlomey BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY-IN-FACT STATE OF CALIFORNIA ) ss. COUNTY OF ) On this day of . 20 before me, (name),a Notary Public for said County, personally appeared (name),who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of and acknowledged to me that he/she subscribed the name of thereto as principal, and his/he own name as attorney in fact. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public SEAL EXHIBIT 2 Bond No.: Premium Amount:$ Bond's Effective Date: PAYMENT BOND (LABOR AND MATERIALS) RECITALS: 1. The City of Vernon,California('CRY),has awarded to (Name,address,and telephone of Design-Builder) _ ("Principal'), a Contract(the'Contract")for the Work described as follows: Specification No. in Vernon, CA_ 2. Principal is required under California Civil Cade 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 taws,agree as follows: By this Bond,Wejoindy and severally obligate and bind ourselves,and our respective heirs,executors,administrators,successors, and assigns to pay City the penal sum of Dollars($ 1('the Bonded Sum"),this amount comprising not less than the total Contract Sum,in lawful money of the United Stales 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, 0 Principal or a subcontractor fails to pay(a)any person named in California Civil Code Section 3181,or any successor legislation;(b)any amount due under California's Unemployment Insurance Code, or any successor legislation, for work or labor performed under the Contract or Contract Documents; or(c)any amount under Unemployment Insurance Code Section 13020,or any successor legislation,that Principal or a subcontractor must deduct, withhold,and pay over to the Employment Development Department from the wages of its employees,for work or labor performed under the Contract or Contract Documents, then Surety shall pay for the same in an amount not-to-exceed the Bonded Sum Otherwise,this obligation becomes null and void. While this Bond remains in full force and effect,the following terms and conditions apply to this Bond: 1. This Bond inures to the benefit of any of the persons named in California Civil Code Section 3181,or any successor legislation, giving those persons or their assigns a right of action in any suit brought upon this Bond,unless California Civil Code Section 3267, or any successor legislation,applies 2. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract Documents,or the nature of the Work performed under the Contract or Contract Documents—including,without limitation,an extension of time for performance—does not,in any way,affect Surety's obligations under this Bond. Surety waives any notice of alteration,modification,change,addition,deletion,omission,agreement,supplement,or extension of time. 3. Surety's obligations under this Bond are separate,independent from,and not contingent upon any other surety's paying claims, demands,liens,or suits for any work,labor,services,materials,or equipment furnished or used in the Work 4. If an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay—in addition to the Bonded Sum--City's reasonable aktomeys'fees and litigation costs,in an amount the court fixes. 5. Surety shall mail City written notice at least 30 days before: (a)the effective date on which the Surety will cancel,terminate, or withdraw from this Bond;or(b)this Bond becomes void or unenforceable for any reason. On the date set forth below,Principal and Surety duly executed this Bond,with the name of each party appearing below and signed by its representative(s)under the authority of its governing body. Date: PRINCIPAL. SURETY: (Company Name) (Company Name) (Signature) (Signature) By By- (Name) (Name) is Its (Tte) (Tte) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: CORPORATE SEAL CORPORATE SEAL ■ THIS BOND MUSTBE D(ECUTED IN TRIPUC4TE. ■ EVIDENCE MUST SEA TTACHED OF THE AUTHORITY OF ANYPERSON SIGNING AS ATTORNEY4N-FACT. ■ THEATTORNEYaN-FACTS SIGNATURE MUSTBENOTARIZED. ■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL. OR THE SURETY, OR 80TR ARE A CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM. By — By Director of Public Works City Attorney BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY-IN-FACT STATE OF CALIFORNIA ) ss. COUNTY OF ) On this day of , 20 before me,. (name),a Notary Public for said County, personally appeared (name),who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of ,and acknowledged to me that he/she subscribed the name of thereto as principal,and his/he own name as attorney in fact. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public SEAL EXHIBIT 3 Bond No: Premium Amount:$ Bond's Effective Date: MAINTENANCE BOND RECITALS: 1. The City of Vernon,California("City"),has awarded to (Name,address,and telephone of Contractor) ("Principal"), a Contract(the"Contract")for the Work described as follows: Specification No. in Vernon,CA. 2. Principal is required under the terms of the Contract—and all contract documents referenced in it("Contract Documents")— after completion of the Work and before the filing and recordation of a Notice of Completion for the Work,to furnish a bond to secure claims for Maintenance equal to ten percent(10%)of the total amount of the Contract Which shall hold good for a period of one(1)year from the date the City's Notice of Completion and Acceptance of the Work is filed with the County Recorder,to protect the City against the result of faulty material or workmanship during that time. 3. The Contract and Contract Documents,induding all their amendments and supplements,are incorporated into this Bond and made a part of it by this reference OBLIGATION: THEREFORE,for value received,We, Principal and (Name,address,and telephone of Surety) ("Surety"), a duly admitted surety insurer under California's laws,agree as follows: By this Bond,We jointly and severally obligate and bind ourselves,and our respective heirs,executors,administrators,successors, and assigns to pay City the penal sum of Dollars($ )("the Bonded Sum"),this amount comprising not less than the total Contract Sum,in lawful money of the United States of America. The California Licensed Resident Agent for Surety is: (Name,address,and telephone) Registered Agent's California Department of Insurance License No. THE CONDITION OF THIS BOND'S OBLIGATION IS THAT if the said Principal or any of his or her or its subcontractors,or the heirs, executors, administrators, successors,or assigns or assigns of any, all, or either of them, shall fail to execute within a reasonable amount of time,or fail to respond within seven(7)days with a written schedule acceptable to the City for same,repair or replacement of any and all Work,together with any other adjacent Work which may be displaced by so doing,that proves to be defective in its workmanship or material for the period of one(1)year(except when otherwise required in the Contract to be for a longer period)from the date the City's Notice of Completion and Acceptance,or equivalent,is filed with the County Recorder,ordinary wear and tear and unusual abuse or neglect excepted with respect to such Work and labor,the Surety herein shall pay for the same,in an amount not exceeding the sum specified in this Bond. 1 When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly remedy the default using a procurement methodology approved by City,select a contractor or contractors—acceptable to City to complete all of the Work,and arrange for a contract between the contractor(s)and City. Surety shall make available sufficient funds to pay the cost of repair or replacement of any and all Work and to pay and perform all obligations of Principal under the Contract and Contract Documents—including other costs and damages for which Surety is liable under this Bond except that Surety's total obligation,as described here,will not exceed the Bonded Sum. 2. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise 0 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 terns of said Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond,and it does hereby waive notice of any such change,extension,alteration,or addition. 4 Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's guaranteeing Principal's faithful performance of the Work. 5. No right of action accrues on this Bond to any entity other than City or its successors and assigns. 6. If an action at law or in equity is necessary to enforce or interpret this Bond's terms,Surety must pay,in addition to the Bonded Sum, City's reasonable attomeys'fees and litigation costs,in an amount the court fixes. 7. Surety shall mail City written notice at least 30 days before: (a)the effective date on which the Surety will cancel, terminate, or withdraw from this Bond;or(b)this Bond becomes void or unenforceable for any reason. 8. Death of the Principal shall not relieve Surety of its obligations hereunder. On the date set forth below,Principal and Surety duty executed this Bond,with the name of each party appearing below and signed by its representative(s)under the authority of its governing body. Date: PRINCIPAL SURETY: (Company Name) (Company Name) (Signature) (Signature) By. By: (Name) (Name) Its Its: (Title) (Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: CORPORATE SEAL CORPORATE SEAL ■ THIS BOND MUST BE S(ECUTED IN TRIPLICATE. ■ EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEYaN-FACT. • THE A TTORNEY4N-FACTS SIGNATURE MUSTBE NOTARIZED ■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL,OR THE SURETY,OR BOTH,ARE A CORPORA77ON APPROVED AS TO SURETY&AMOUNT OF BONDED SUM: APPROVED AS TO FORM: By By Director of Public Works City Attorney BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY-IN-FACT STATE OF CALIFORNIA s$ COUNTY OF On this_ _ day of . 20 , before me, (name),a Notary Public for said County, personally appeared .(name),who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of and acknowledged to me that he/she subscribed the name of thereto as principal, and his/he own name as attorney in fact. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public SEAL EXHIBIT 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[Employers Liability Insurance shall provide workers'compensation statutory benefits as required by law. 1. Employers Liability insurance shall be in an amount not less than: (a) ONE MILLION DOLLARS($1,000,000)per accident for bodily injury or disease; (b) ONE MILLION DOLLARS($1.000,000)per employee for bodily injury or disease; and (c) ONE MILLION DOLLARS($1,000,000)policy limit. B. Commercial General Liability("CGL")(primary).City and its employees and agents shall be added as additional insureds,not limiting coverage for the additional insured to`ongoing operations'or in any way excluding coverage for completed operations. Coverage shall apply on a primary,non-contributing basis in relation to any other insurance or self-insurance,primary or excess,available to City or any employee,representative or agent of City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors'limitation or other endorsement limiting the scope of coverage for liability arising from explosion, collapse,or underground property damage. 1. CGL insurance must not be written for less than the limits of liability specified as follows: (a) ONE MILLION DOLLARS($1.000,000)per occurrence for bodily injury(including accidental death)to any one person; (b) ONE MILLION DOLLARS($1,000,000)per occurrence for personal and advertising injury to any one person; (c) ONE MILLION DOLLARS($1,000,000)per occurrence for property damage;and (d) TWO MILLION DOLLARS($2.000,000)general aggregate limit. 2. CGL insurance must include all major divisions of coverage and must Cover: (a) Premises Operations(including Explosion,Collapse,and Underground['X,C,U'j coverages as applicable); (b) Independent Contractors Protective; (c) Independent Contractors; (d) Products and Completed Operations(maintain same limits as above until five(5) years after recordation of Notice of Completion) (e) Personal and Advertising Injury(with Employer's Liability Exclusion deleted); (f) Contractual Liability(including specified provision for Contractor's obligation under Article 11 of the General Conditions);and (g) Broad Form Property Damage. 3. Umbrella or Excess Liability Insurance(over primary),if provided,shall be at least as broad as any underlying coverage. Coverage shall be provided on a'pay on behalf basis,with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no contractor's limitation endorsement. The policy shall have starting and ending dates concurrent with the underlying coverages. The Named Insured may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here,the actual coverage program meets the minimum total required limits and complies with all other requirements listed here. C. Business Automobile Liability Insurance 1. Business Automobile Liability Insurance must cover all vehicles,whether rented,leased, hired,scheduled,owned or non-owned. If Contractor does not own any vehicles,this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Business Automobile Liability Insurance coverage amounts shall not be less than the following: (a) ONE MILLION DOLLARS($1.000,000)per occurrence for bodily injury(including accidental death)to any one person;and (b) ONE MILLION DOLLARS($1.000.000)per occurrence for property damage;or (c) ONE MILLION DOLLARS($1.000.000)combined single limit. D. Contractors Pollution Liability Insurance(CPL) 1. Contractor or Subcontractor shall obtain,pay for,and maintain for the duration of the Contract Contractors Pollution Liability insurance that provides coverage for liability caused by pollution conditions arising out of the operations of the Contractor. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using Subcontractors,the policy must include work performed 'by or on behalf"of the insured. 2. The policy limit shall provide coverage of no less than one million dollars($1,000,000)per claim and in the aggregate. Coverage shall apply to bodily injury;property damage, including loss of use of damaged property or of property that has not been physically inured; cleanup costs;and costs of defense,including costs and expenses incurred in the investigation,defense,or settlement of claims. 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. Builders Risk Insurance covering all real and personal property for"all risks"of loss or 'comprehensive perils'coverage including but not limited to the perils of earth movement including earthquake and flood for all buildings,structures,fixtures,materials,supplies, machinery and equipment to be used in or incidental to the construction at the site,off site, or in transit,for the full replacement value of such properties. Coverage shall be included for property of others in the care,custody or control of the insured for which any insured may be liable. The City will purchase a builder's risk policy for the Project instead of a contractor purchased policy. Bidder should not include cost for this coverage in histher bid. 2.0 GENERAL REQUIREMENTS—ALL POLICIES A. Qualifications of Insurer. At all times during the term of this Contract, Contractor's insurance company must meet all of the following requirements: 1. "Admitted'insurer by the State of California Department of Insurance or be listed on the California Department of Insurance's'List of Surplus Line Insurers"('LESLI"); 2. Domiciled within, and organized under the laws of,a State of the United States;and 3. Carry an A.M. Best&Company minimum rating of"A:VII'. B. Continuation Coverage. For insurance coverages that are required to remain in force after the Final Payment, and if reasonably available,Contractor shall submit to City,with the final Application for Payment,all certificates and additional insured endorsements evidencing the continuation of such coverage. C. Deductibles or Self-Insured Retentions. All deductibles or self-insured retentions are subject to City's review and approval, in its sole discretion. D. Commercial General Liability and Business Automobile insurance policies must be written on an "occurrence"basis and must add the City of Vernon and its officers,agents,employees and representatives as additional insureds. E. Contractor's Insurance Primary, Other insurance(whether primary,excess,contingent or self- insurance, or any other basis)available to City,or its representatives,or both, is excess over Contractor's insurance. City's insurance,or self-insurance, or Moth,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. G. Separation of Insureds. Contractor's insurance policy applies separately to each insured or additional insured who is seeking coverage,or against whom a claim is made or suit is brought,except that the naming of multiple insureds will not increase an insurance company's limits of liability. H. Claims by Other Insureds. Contractor's insurance policy applies to a claim or suit brought by an additional insured against a Named Insured or other insured,arising out of bodily injury, personal injury,advertising injury,or property damage. I. Premiums. City is not liable for a premium payment or another expense under Contractor's policy J. At any time during the duration of this Contract, City may do any one or more of the following: 1. Review this Agreement's insurance coverage requirements; 2. Require that Contractor obtain, pay for,and maintain more insurance depending on City's assessment of any one or more of the following factors: (a) City's risk of liability or exposure arising out of,or in any way connected with,the services of Contractor under this Agreement; (b) The nature or number of accidents, claims,or lawsuits arising out of,or in any way connected with,the services of Contractor under this Agreement;or (c) The availability,or affordability,or both,of increased liability insurance coverage. 3. Obtain,pay for,or maintain a bond(as a replacement for an insurance coverage)from a California corporate surety,guaranteeing payment to City for liability,or costs,or both, that City incurs during City's investigation,administration,or defense of a claim or a suit arising out of this Agreement;or K. Contractor shall maintain the insurance policy without interruption,from the Project's commencement date to the Final Payment dale,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 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 Risk Manager,and signed by the insurance carrier or its authorized representative—which fully meet the requirements of,and contain provisions entirely consistent with,all of the insurance requirements set forth herein. 1. "Certificate of Insurance' 2. "Additional Insured Endorsement` 3. Subrogation Endorsement:`Waiver of Transfer to Rights of Recover Against Others" Both Certificates of Insurance and Additional Insured Endorsements must read as follows:'The City of Vernon, and its officers,agents,employees and representatives are included as additional insureds under the policy(s). This insurance is primary to all other insurance of the City. The City's insurance and self-insurance will apply in excess of, and will not contribute with this insurance. This insurance applies separately to each insured or additional insured who is seeking coverage,or against whom a claim is made or a suit is brought. The issuing company shall mail thirty(30) days advance notice to the City for any policy cancellation,termination,non-renewal,or reduction in coverage." C. Required Submittals for Workers' Compensation Insurance. Contractor shall provide City with a certificate of insurance and a subrogation endorsement on forms satisfactory to the City Attorney or City's Risk Manager,and signed by the insurance carver or its authorized representative—which fully meet the requirements of, and contain provisions entirely consistent with,this Contract's workers compensation insurance requirements. If Contractor is self-insured for workers'compensation,a copy of the'Certificate of Consent to Self-insure"from the State of California is required;or if Contractor is lawfully exempt from workers'compensation laws,an'Affirmation of Exemption from Labor Code§3700"form is required. D. Required Evidence of Builders 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. E. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that all required coverage is provided. Contractor agrees to obtain certificates evidencing such coverage. F. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such notice, but has the right(but not the duty)to monitor the handling of any such claim or claims if they are likely to involve City. G. No liability policy shall contain any provision or definition that would serve to eliminate so-called'third party action over claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. H. Any"self-insured retention"must be declared and approved by City. City reserves the right to require the self-insured retention to be eliminated or replaced by a deductible. Self-funding, policy fronting or other mechanisms to avoid risk transfer are not acceptable. If Contractor has such a program,Contractor must fully disclose such program to City. EXHIBIT 5 Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit CITY OF VERNON PUBLIC WORKS DEPARTMENT Construction Stormwater Program Permit Number: Datj� . Applicant: Phone: Project Address: _ Properly Owner: Contractor: Contractor's Address: The National Pollutant Discharge Elimination System (NPDES) is a portion of the Clean Water Act that applies to the protection of receiving waters. Under permits from the Los Angeles Regional Water Quality Control Board (RWQCB), certain activities are subject to RWQCB enforcement. To meet the standards of the Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watershed of Los Angeles County, Except those Discharges Originating from the City of Long Beach MS4 (CAS004001), the City of Vernon has adopted minimum standards for stormwater runoff from development construction activities. These minimum standards require the implementation of an effective combination of erosion and sediment control Best Management Practices (BMPs) to prevent erosion and sediment loss, and the discharge of construction waste at each site. At a minimum, the construction activity associated with the construction project identified above shall be conducted in such a manner that: �o Prevents illicit construction-related discharges of pollutants into the M54 and receiving waters. y Implements and maintains structural and non-structural BMPs to reduce pollutants in Stormwater runoff from construction sites. > Reduces construction site discharges of pollutants to the MS4 to the maximum extent practicable. Prevents construction site discharges to the MS4 from causing or contributing to a violation of water quality standards. Note: The Stormwater BMP Construction Handbook sheets developed by the California Stormwater Quality Association shall be used as guidance in determining and implementing required BMPs. The BMP sheets may be reviewed at the Public Works Department counter during regular business hours. A General Construction Permit shall be obtained and maintained for all construction sites one (1) acre or greater. Additional conditions may be required for these sites. I have read and understand the requirements listed above and certify that I will comply with the minimum requirements above. Signature: Print Name: Title: Property Owner: EXHIBIT B SPECIAL PROVISIONS SPECIFIC FOR THIS PROJECT EXHIBIT B SPECIAL PROVISIONS - SPECIFIC FOR THIS PROJECT PCC AND ASPHALT PAVEMENT RECONSTRUCTION FOR FIRE STATIONS 76 AND 78 CONTRACT NO. CS-0910 GENERAL B-1.01 Scope of Work — This project consists of removal and reconstruction of existing PCC, driveway approaches, asphalt pavement, sidewalk, longitudinal gutter, ADA Ramps, cold plane existing asphalt 3-6 inches and pave back with new asphalt concrete paving, Class B-PG-70-10 at Fire Stations 76 and 78. All work will be done per the 2015 edition of the Standard Specifications for Public Works Construction and its supplements (herein referred to as the STANDARD SPECIFICATIONS). B-1.02 Contract Plans—The details and the exact limits for the asphalt and concrete work in this project are shown on Attachment "A'' and Attachment "B", incorporated into these special provisions. B-1.03 Specifications — Installation and payment for all the work shall conform to the STANDARD SPECIFICATIONS, the Standard Plans for Public Works Construction (2015 Edition), Caltrans Standard Plans, Caltrans Standard Specifications, the City of Vernon Standard Plans, and these Special Provisions. B-1.04 Length of Contract — All work in this project shall be completed within 45 (forty-five) calendar days as specified in the Bidder's Proposal. B-1.05 Delays and Extensions of Time—The provisions of Section 6-6 entitled "Delays and Extensions of Time" of the STANDARD SPECIFICATIONS shall apply except as modified and supplemented below. The second paragraph of subsection 6-6.1 is hereby deleted and the following paragraph shall be inserted in its place: 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. C S-0910 1 of 11 EXHIBIT B-SPECIAL PROVISIONS B-1.06 Ouality 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 1500.00. 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 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.,except for the restriction shown below. The type of work will have time restrictions as follows: Lane closures on Soto Street (Fire Station No. 78) shall occur between the hours of 9:00 a.m. to 2:30 p.m. B-3.01 Traffic Requirements - General — Before any partial or total closure of any street, the Contractor shall be required to obtain the approval of the City Engineer. The Contractor shall comply with Section 7-10 of the STANDARD SPECIFICATIONS and provide safe and continuous passage for pedestrian and vehicular traffic at all times. The contractor shall provide and maintain all necessary flagmen, barricades, delineators, signs, flashers and any other safety equipment as set forth in the latest publication of the California Manual of Uniform Traffic Control Devices or as required by the City Engineer to insure safe passage of traffic. In addition to the requirements of the California Manual of Uniform Traffic Control Devices, the City Engineer may require flatter traffic tapers, additional traffic control devices, barricading, and other signing in order to ensure driver awareness and safety in the construction area. Further, the Contractor shall provide Type II or Type M barricades and delineators at locations as determined by the City Engineer. CS-0910 2 of 10 EXHIBIT B-SPECIAL PROVISIONS The Contractor shall maintain continuous access to all businesses within the project limits. Any closed access or drive approach shall be immediately restored when the construction operation that necessitated such closure is completed. The following is a partial list of factors required to comply with this access requirement: a. Where a business or residence has more than one two-way drive, continuous access to at least one two-way drive shall be maintained at all times. b. A business or residence that has a drive approach that is at least 40 feet wide shall be poured in halves in order to maintain continuous access unless otherwise approved by the City Engineer. c. In addition to the above, the Contractor shall be required to construct temporary ramps at excavated areas and utilize other construction methods such as temporarily backfilling areas and surfacing with temporary A.C. paving, in order to comply with the requirements of continuous access unless otherwise directed by the City Engineer. B-3.02 Traffic Requirements — Specific for this Project -- In addition to the general specific requirements of Section B -3.01 of these Specifications, the following provisions shall apply unless otherwise directed by the City Engineer. a. Construction hours shall be per Section B-2.02. During other work hours, the Contractor shall maintain all existing traffic lanes during the hours of 7a.m. - 8a.m. and 4p.m - 6p.m. each day. During the hours of 9a.m. — 4p.m., the Contractor may close the area adjacent to the proposed construction only if the street has more than one through lane of traffic in each direction and one through lane in each direction can be maintained unless otherwise specified in the contract provisions. b. The Contractor shall submit traffic channelization and detour plans to the City Engineer for approval at least (10) ten working days prior to commencement of work. During the weekend work associated with the grinding and paving, one lane in each direction must remain open at all times. c. The posting of"NO PARKING" signs within the construction limits is permitted with the approval of the City Engineer. "NO PARKING" signs shall contain a "TOW AWAY" warning. These signs shall be furnished and maintained by the Contractor and shall be of the type approved by the City Engineer. Each sign posted shall have the date and time indicating the duration of the "NO PARKING" prohibition printed clearly in a manner acceptable to the City Engineer, and not handwritten. New signs shall be posted when changes occur in the parking prohibitions indicated on the previously posted signs. Signs must be posted at least 72 hours in advance of construction or they are invalid. Signs shall not be attached to trees or taped to street light or traffic signal poles. Contractor shall only post "NO PARKING SIGNS" on one side of the street at a time unless otherwise approved by the City Engineer. The signs shall be effective for CS-0910 3 of 10 EXHIBIT B-SPECIAL PROVISIONS no more than five working days and shall be removed within 24 hours after the work is complete. If signs are not removed in a timely manner, the City Engineer may suspend all work until signage requirement is corrected. All signs, lights, and other warning devices used shall be in accordance with the California Manual of Uniform Traffic Control Devices. d. Traffic Control Work shall include all labor, materials, tools, equipment, transportation and incidentals necessary to maintain and control all vehicular and pedestrian traffic through the construction site. The cost of furnishing and maintaining traffic control during the construction including flagmen as necessary must be included in the various bid items, and no extra compensation will be paid to the Contractor. B-4.01 Extra Work — In the event the City and the Contractor are unable to negotiate an agreed price for extra work, which is acceptable to both parties, payment shall be made based on time and materials as follows: a. Work by the Contractor: The following percentages shall be added to the Contractor's cost and shall constitute the markup for all overhead and profits: 1. Labor 33% 2. Materials 15% 3. Equipment Rental 15% 4. Other Items and Expenditures 15% b. Work by the Subcontractor - When all or any part of the extra work is performed by a subcontractor, the above markups shall apply to the aggregate sum of the extra work, regardless of the number of tiers of subcontractors used. In addition, a markup of 10-percent on the first $5,000 of extra work and 5-percent on work in excess of$5,000 may be added by the Contractor. B-4.02 Compliance with Laws, Regulations, and Safe Practices — The Contractor shall perform all work in a safe, competent manner and in accordance with all federal, state, and local statues, regulations, ordinances, rules, and governmental orders. The Contractor will be solely and completely responsible for the conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. Inspection of the Contractor's performance by the City, its agents, or employees is not intended to include review of the adequacy of the Contractor's safety measures in or near the job site. B-4.03 Notification of Affected Residents/Businesses — The Contractor shall be responsible for distribution of the general information letter of the project to all affected residents and businesses. 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. CS-0910 4 of 10 EXHIBIT B-SPECIAL PROVISIONS 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. Contractor costs for all of the above notifications shall be considered as included in the appropriate items of the Bid Proposal. B-4.04 Notification of Utilities—The provisions of Section 5 entitled "Utilities" of the STANDARD SPECIFICATIONS shall apply. The Contractor shall contact the Underground Service Alert of Southern California (U.S.A.) at least two working days in advance of the construction work. I1-5.01 Noise Restrictions — The Contractor may not operate certain power equipment, within a residential area or within a radius of 500 feet from a residential area, except during the following times: 1. From 7:00 am to 4:00 pm, Monday through Friday 2. From 7:00 am to 4:00 pm on Saturday and Sunday In addition, the noise level from the Contractor's operations shall not exceed 85 dBA when measured within a one hundred (100) foot radius at any time. B-6.01 Construction Order of Work — Work shall be scheduled so as to lessen the impact upon businesses. Requirements— General: 1. All construction shall conform to Sections 6-1 and 6-2 of the 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. 2. Once construction is started in a work area, the Contractor shall not withdraw manpower or equipment from that work area in order to start construction in another work area if doing so, in the opinion of the City Engineer, delays the completion of the work presently under construction. 3. The Contractor shall maintain continuous access to all residents and businesses within the project limits, including drive approaches, unless the Contractor has obtained the approval of the City Engineer to close either such access or drive approach. CS-0910 5 of 10 EXHIBIT B-SPECIAL PROVISIONS 4. No stockpiling of material and construction equipment on public streets or sidewalks will be permitted on this project unless approved by the City Engineer. Material and equipment placed on public streets, sidewalks and on the construction areas shall be used the same day. B-7.01 Character of Workers — If any subcontractor or person employed by the Contractor shall appear to the City Engineer to be incompetent, intemperate, troublesome, or acts in a disorderly or otherwise objectionable manner, he shall be immediately discharge from the project on the requisition of the City Engineer, and such person shall not be reemployed on the work. If said individual has an ownership interest in the contracting entity, the City Engineer will serve written notice upon the Contractor and the Surety providing the faithful performance bond, in accordance with Section 6-4, "Termination of the Contract for Default," of the STANDARD SPECIFICATIONS, demanding complete and satisfactory compliance with the Contract. B-8.01 Examination of the Site — The Contractor is required to examine the site and judge for themselves the location, physical conditions, substructures, and surroundings of the proposed work. B-8.02 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-8.03 Dust Control —Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall abate dust nuisance by cleaning, sweeping and sprinkling water, or other means as necessary when requested by the City. Failure of the Contractor to comply with the City Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation or extension of contract completion time will be allowed as a result of such suspension. The cost of furnishing and operating dust control during the construction project must be included in the various bid items, and no extra compensation will be paid to the Contractor. B-8.04 Temporary Water Meter -- if necessary, the Contractor shall obtain a temporary water meter from the City of Vernon Water Department by placing a deposit of$1000.00. Contractor shall pay for all water used. Contractor shall not relocate the service. The Contractor shall call the City of Vernon Water Department to relocate the service and will be charged $50.00 for each relocation. B-8.05 Cleaning of Site During Construction — During construction, all existing improvements adjacent to the work area shall be swept free from grindings, gravel, dirt or debris on a daily basis. The Contractor will be responsible for such cleaning. B-8.06 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 private property at no cost to the City. The Contractor shall remove all loose aggregates by sweeping all the sidewalks and gutters. The cost of furnishing and operating such sweeping after the construction of the project must be included in the various bid items, and no extra compensation will be paid to the Contractor. CS-0910 6 of 10 EXHIBIT B-SPECIAL PROVISIONS B-9.01 Best Management Practices (BMP's) — The Contractor shall submit a copy of their Best Management Practices (BMPs) to the City Engineer for review ten (10) days prior to the beginning of any work. The Contractor is hereby notified that specific construction practices in the STANDARD SPECIFICATIONS, Section 7-8.6.2, "Best Management Practices (BMPs)" are considered to be Best Management Practices. The Contractor shall implement and maintain such BMP's as are relevant to the work, and as are specifically required by the Plans or Special Provisions. The Contractor shall not commence activity until the BMP submittal has been reviewed and approved. B-10.01 Protection of the Public — The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the City Engineer, a condition exists in which the Contractor has not taken sufficient precaution of public safety, protection of utilities, and/or protection of adjacent structures or property, the City Engineer will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the City Engineer, or in the event of an emergency situation, the City Engineer may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the City Engineer, may seem reasonable and necessary. The cost and expense of all repairs(including labor and materials) as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor. B-l 1.01 Material Submittals —The Contractor shall provide all required submittals including, but not limited to. shop drawings, materials, and mix designs to the City upon reward of the contract for review and approval before the construction. The "Notice to Proceed" will not be issued to the Contractor until all the submittals have been reviewed and approved by the City. B-12.01 Unclassified Excavation — This section shall conform to Subsection 300-2 of the Standard Specifications and these Special Provisions. Unclassified excavation shall consist of saw cutting, excavation and disposal of existing concrete sidewalk, curb and gutter, driveway, aggregate base, soil etc., as shown on the plan and shall be paid according to the unclassified excavation contract bid item unit price. Cost for unclassified fill if any, re-grading and re-compaction shall be included in the unit price paid for the unclassified excavation for the said areas and no additional payment will be allowed therefore. Additionally, the disposal of the asphalt concrete pavement as a result of the cold planing shall not be considered as unclassified excavation. B-12.02 Saw-cutting—A concrete saw shall, where practicable, be used to neatly saw the edge of all existing concrete sidewalk, curb, gutter, and drive apron to be removed. All work shall CS-0910 7 of 10 EXHIBIT B-SPECIAL PROVISIONS conform to applicable provisions of the Standard Specifications. Payment for saw-cutting concrete and asphalt pavement, concrete spandrel, drive aprons, curb, gutter or sidewalk shall be included in the bid prices of the various related items as specified in the Bidder's Proposal and no additional payment for this work shall be made therefor. The residue resulting from the saw-cutting operations shall not be permitted to flow beyond the specific work location and shall be vacuumed concurrently with the operation. See Section I- 2.04.l of these Specifications for NPDES requirements. B-13.01 Concrete Improvement — General — The construction of concrete improvements shall consist of removal and disposal of concrete, asphalt concrete pavement, debris, native soil, and construction of concrete curb ramps, driveways, sidewalks, longitudinal gutters according to the City of Vernon Plans. All concrete work shall be formed according to City of Vernon Standards. No wild pouring allowed. All concrete classifications are according to Standard Specification for Public Works Construction Section 201-1.1.2. The cost for construction of the depressed concrete gutter for driveways and curb ramps, soil backfill, re-compaction, and removal & repaving of the 2'wide by asphalt pavement depth along the removed concrete curb or gutter for forming shall be included in the various bid items and no extra compensation will be paid to the Contractor. B-13.02 Concrete Curb Ramp (Handicap Access) — The concrete curb (handicap access) ramp including truncated dome and depressed gutter shall be constructed according to the Revised Caltrans Standard Plan RSP A88A. The ramp shall be poured monolithically with depressed gutter which has 0" (zero inch) lip. Unless otherwise indicated on plans, remove a 2' wide by 13" deep section of pavement (asphalt, concrete, base) along the edge of existing gutter, re- compact base or sub-grade and repave with l l" thick asphalt concrete pavement to 2" below edge of gutter to allow for 2" asphalt concrete pavement overlay to be flush with edge of gutter. The proposed curb (handicap access) ramps shown on plans are diagrammatical. The City shall mark the limit of work in the field for each street corner involved, and the Contractor shall field measure (verify) the required work to complete the proposed concrete curb ramp construction including but not limited to the cost for removal, disposal and relocation of the existing sidewalk curb pipes, utility, traffic/street related poles and boxes. The cost of the truncated dome, depressed gutter and all the above work for proposed curb ramp shall be included in the curb ramp unit bid price and no extra compensation will be paid to the Contractor. B-13.03 Truncated Domes — Curb ramp and walkway detectable warning surface shall consist of raised truncated domes constructed or installed on curb ramps or walkways according to the Revised Caltrans Standard Plan RSP A88A. Per the Contract Plans, the detectable warning surface shall be prefabricated, cast-in-place and/or glue down on the surface of the curb ramp or walkway. The color of the detectable warning surface shall be yellow conforming to Federal Standard 595B, Color No. 33538. Prefabricated detectable warning surface shall be in conformance with the requirements established by the Department of General Services, Division of State Architect and be attached in conformance with the manufacturer's recommendations. Cast-in-place and/or glue down CS-0910 8 0f 10 EXHIBIT B-SPECIAL PROVISIONS detectable warning surfaces shall be painted in conformance with the provisions in Section 59-6, "Painting Concrete," of the Caltrans Standard Specifications. The finished surfaces of the detectable warning surface shall be free from blemishes. The cost of installing truncated domes on concrete walkways and existing concrete curb ramps shall be paid by the bid item unit price. The cost of installing truncated domes on proposed concrete curb ramp shall be included in concrete curb ramp bid item unit price and no extra compensation will be paid to the Contractor. The manufacturer shall provide a written 5-year warranty for prefabricated detectable warning surfaces, guaranteeing replacement when there is defect in the dome shape, color fastness, sound-on-cane acoustic quality, resilience, or attachment. The warranty period shall begin upon acceptance of the contract. B-13.04 Concrete Sidewalk — The 3.5" thick concrete sidewalk and walkway shall be constructed according to the City of Vernon Standard Plan No. PV582. Sawcut and remove existing concrete, asphalt concrete, and/or soil to nearest score line. Sidewalk shall be measured and paid under the concrete sidewalk unit bid item including subgrade preparations, forming, finishing, and all incidentals. 13-13.05 Concrete Curb and Gutter- Concrete curb & gutter shall be constructed according to the plans and City of Vernon Standard Plan No. PV582 including 6" thick Crushed Miscellaneous base (CMB). The concrete curb face shall be 8" to 10" high and the gutter shall be 12" to 16" wide to join the existing. New concrete curb & gutter shall be doweled with #4 rebar into existing concrete curb& gutter when length is less than 25'. Unless otherwise indicated on plans, remove a 2' wide by 1 Y deep section of pavement (asphalt, concrete, base) along the edge of existing gutter, re-compact base or sub-grade and repave with II" thick asphalt concrete pavement to 2" below edge of gutter to allow for 2" asphalt concrete pavement overlay to be flush with edge of gutter. The cost for the removal & repaving of the 2'wide asphalt pavement depth along the removed concrete curb or gutter for forming shall be included in the various bid items and no extra compensation will be paid to the Contractor. See Section B-15.09, Concrete Cap on Existing Gutter for specifications on new concrete cap on existing gutter. 13-13.06 Concrete Driveway — The proposed concrete driveways shall be constructed according to the City of Vernon Standard Plan No. PV693. New concrete driveway should be doweled with #4 rebar into existing at 12" O.C. when length is less than 25" or when plans specify the construction of the driveway in two pieces. Unless otherwise indicated on plans, remove a 2' wide by 13" deep section of pavement (asphalt, concrete, base) along the edge of existing gutter, re-compact base or sub-grade and repave with I thick asphalt concrete pavement to 2" below edge of gutter to allow for 2" asphalt concrete pavement overlay to be flush with edge of gutter. 5' long sidewalk adjacent to both sides of new driveway shall be constructed as 8" thick sidewalk and shall be paid by square feet as a driveway bid item. 13-13.07 Portland Cement Concrete Pavement (PCC) —The PCC pavement shall be 8" thick with #4 bars at 12" O.C. in both directions over 6" compacted (95% Relative) crushed miscellaneous base. Concrete mix shall be 560-C-3250. CS-0910 9 of 10 EXHIBIT B-SPECIAL PROVISIONS Portland Cement Concrete Pavement Slab shall be placed by the use of a tube roller self- propelled paving machine. The paving machine and related apparatus shall be approved by the City Engineer prior to the start of the operation. B-13.08 Concrete Joints All expansion joints shall be no more than 15 feet and per Engineer's direction. B-13.09 PCC Longitudinal Gutter - The longitudinal gutter construction shall conform to SPPWC Standard Plan 122-2, 2012 Edition, and details on the Plans. The flowline of the gutter shall be troweled smooth for a width of approximately four (4) inches on either side of the flowline. The outer edges of the gutter shall be rounded to a radius of %Z inch. The Gutter shall be constructed over 6 inches of CMB. B-14.01 Cold Planing_ Grind areas will be uniformed cold planed, 4 inches or 6 inches deep, and paved back with new asphalt concrete paving, Class B-PG 70-10, per the Standard Specifications for Public Works Construction. B-15.01 New Asphalt Concrete Paving - Asphalt concrete paving material for this project shall be Class B-PG 70-10 per the STANDARD SPECIFICATIONS. B-16.01 New Asphalt Concrete Paving — Material — Asphalt concrete base paving material for this project shall be Class B-PG 70-10 per the Standard Specifications for Public Works Construction. The Contractor shall inform the City of the name and location of the asphalt plant that will furnish asphalt concrete to the job site. The City will schedule plant inspection on paving days for quality control. The City will reject asphalt concrete load shipments from any other plants. No traffic shall be allowed on paved surfaces for a minimum of two hours after paving unless approved by the City. No asphalt trucks shall utilize existing driveways or newly placed concrete for turn around. Contractor shall remove all tracked asphalt materials from concrete surfaces. B-16.02 Tack Coat Application —A tack coat of SS-1 h shall be applied at the rate of 0.10 gallons per square yard to all uniform thickness cold planed areas. areas and final 2" thick overlay pavement areas. The surface shall be free of water, foreign material, or dust when the tack coat is applied. A similar tack coat shall be applied to the surface of any course, if the surface is such that a satisfactory bond cannot be obtained between it and a succeeding course. The cost of furnishing and applying tack coat SS-lh must be included in the paving operation, and no extra compensation will be paid to the Contractor. The Contractor shall make all necessary efforts to minimize the tracking of the fresh oil on the existing improvements such as sidewalks, driveways, curb and gutters, private property, etc. Under no circumstance will the tack-coat truck spray the roadway more than 200 feet ahead of the paving machine. No trucks shall utilize existing driveways for turn around. All maneuvering shall take place on the streets. Contractor will be responsible for such cleaning and restoration. CS-0910 10 of 10 STATION . , � - ! - � �\ ■ ■ 2 _ \ � z _WCTI ICGLD PLANE 4'AND RE-PA HE . �rkR ATTACHMENT 'A' STATION #78 of tr 0 FULL-DEPTH RECONSTRUCTkON GOLD PLAh1E 6'AND RE-PAVE man EXHIBIT C LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than$10.30 per hour with health benefits, or$11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave,vacation,or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay,treble damages for willful violations,and attorney's fees,or to compel City officials to terminate the service contract of violating employers. EXHIBIT D EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A Contractor certifies and represents that,during the performance of this Agreement,the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed,color, national origin,ancestry, handicap,sex,or age. Contractor further certifies that it will not maintain any segregated facilities. B Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an'Equal Opportunity Employer"or that all qualified applicants will receive consideration for employment without regard to their race, religious creed,color, national origin, ancestry, handicap,sex or age. C Contractor agrees that it shall,if requested to do so by the City,certify that it has not, in the performance of this Agreement,discriminated against applicants or employees because of their membership in a protected class. D Contractor agrees to provide the City with access to, and, if requested to do so by City,through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices,except to the extent such records or portions of such records are confidential or privileged under state or federal law. E Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. EXHIBIT E CITY STANDARD PLANS SPECIFIC FOR THIS PROJECT CASE 1 — PLAN VIEW SEE PARKWAY WIDTH TABLE FOR APPROPRIATE CASE PROPERTY Uf�E SEE NOTE 1i} SEE NO°E -_-_ �A� SEE NOTE 4 SEE NOTE 10 $lC1CWALK rPAw5mari SIDEWAY TRANSITION I1.5% MAX = 7.M MAX. f 7.5%ktAX. � t ' rY. co I8-33 MAX �� a a 4 5' i GRADE BREAKS 45 a FLOW UNE 5' X= 5' EOGE OF CurTER A X= 5' 5' 5EE NOTE 31 CASE 1 — ELEVATION I ISEE NOTE 3 W EE NOTE 4 X= 5 X= 5. IDEWALK Tc FL CURS FACE Y=ELEV- DROP ON PRIVATE PROPERTY NOT TO SCALE CASE 1 — SECTION AA V VARIABLE UN ED MAX m URB FACE is `- URB AND GUTTER 90X COMPACTION OF NATIVE SOIL M.8 SEE NOTE 2 PARKWAY WIDTH TABLE PARKWAY Y WIDTH g" CURB 1 8" CURB 10" CURB LESS THAN 8' REFER TO CASE 2 V=4' 8' 2 2' 4.2" 6.2" 9' 1 4" 3.4" 5.4" 10' 0.7' 2.7' 4.7' 11, 0.0 1.9" 3 9' 12- 0.0 1.2' — 3.2' • REFER TO CASE 2 REVISIONSSTANDARD DRIVEWAY STANDARD PLAN WL_ PV 693 4•••a�#+�••� a on OF vvunM,rxsaraa►, N• !�� wow t P��yp�MTO a ornx Pmm sotvK S ►Esawn 201E PAGE 1 OF 2 CASE 2 — PLAN VIEW SEE THE TABLE ON PAGE 1 OF 2 FOR APPROPRIATE CASE ROPpRv UNE RETAINING CURB IF NEEDED SEE NOTE 1C— SEE NOTE � .33� �t A SEE NOTE 4 -SEE NOTE 10 8 _ c. SIDEWALK TRANSITION 1.5% MAX SIDEWALK ION 7.5% KW- 7.51 MAX_ d 7 a II 7 FLOW LINT EDGE OF CLfTTE A r, sEE NOT> 3 CASE 2 — ELEVATION SEE NOTE w !SEE NOTE 4 SIDEWALK CURB IF NEEDEDro,'_11EINNING I3Y4' TC FL CURB FACE Y=ELEV. DROP ON PRIVATE PROPERTY Y=1" LESS THAN CURB HEIGHT NOT TO SCALE CASE 2 — SECTION AA t %ARL.BL{ UR8 FACE NOTE a.3Jz MAX m "" CURB AND 1. USE CLASS 520—C-2500 CEMENT CONCRETE GUTTER 2. DRIVEWAY APRON SHALL BE POURED MONOLITHICALLY WITH C B CURB AND GUTTER. 6' OF C.M.B SHALL BE PLACED UNDER SEE NOTE 2 THE DRIVEWAY, CURB AND GUTTER.3. ADJACENT SIDEWALKS 5' ON EITHER END OF DRIVEWAY 90 N %N COMPACTION SHALL BE POURED 8' THICK OF ATFVt SOIL 4. 10' DIA. PIPE BARRIER MIN. SCHEDULE 30 PER CITY STD. V2122 SHALL BE INSTALLED AS NEEDED TO PROTECT IMPROVEMENTS. 5. ALL CONCRETE SHALL BE ONE COURSE, STEEL TROWEL do MEDIUM HAIR BROOM FINISH. NO TOPPING PERMITTED. 6. DRIVEWAYS MAY BE OPENED TO TRAFFIC: A. IN 48 HOURS WITH HIGH STRENGTH CEMENT B. IN 5 DAYS WITH STANDARD CLASS 520—C-2500 MIX. 7. ENDS OF DRIVEWAYS TO BE NOT LESS THAN 5' FROM NEAREST FIRE HYDRANT, METER BOX OR VALVE AND 12' FROM UTILITY POLE. 8. 4' EXPANSION JOINT FELT SHALL BE PLACED ALONG THE TX. 9. DRIVEWAY ENTRANCE WIDTH (W) SHALL BE: A 25' MIN FOR NON—TRUCK USE. S. 40' MIN FOR TRUCK USE. 10. 30' CONCRETE OR MASONRY WALL PER STD. V2122 OR VARIABLE HEIGHT CURB IF WROUGHT IRON FENCE OR LANDSCAPING IS INSTALLED. STANDARD DRIVEWAY STANDARD PLAN CMOFV00"• CAUFOMM PV 693 PUMMMC°6 WAVE io,s�1OMM SOMM F� PAGE 2 OF 2 VARIABLE VARIABLE 2' " t 1 ? --1.5% SLOPE vvp —1.5 SLOPE f � i ' 1 1 i 6" CMB BASE CURB AND GUTTER CURB a w w 3 ' f w EXP Jr SCR W W W 6CR EXIT JT w EXP JT a w P � NOTES: I. WEAKENED PLANE JOINTS SHALL BE USED AT REGULAR INTERVALS 10 FEET IN WALKS AND 20 FEET IN CURB AND GUTTERS 2. X" EXPANSION JOINT FELT SHALL BE PLACED AT 60' INTERVALS IN CURB, GUTTER AND WALK, AT THE BCR AND ECR, AT DRIVEWAYS, AND AROUND UTILITY POLES IN SIDEWALK AREAS. SIDEWALK AND CURB JOINTS SHALL BE ALIGNED. 3. ALL CONCRETE WORK SHALL BE ONE COURSE. NO TOPPING PERMITTED. 4. MATCH JOINT LINES WHEN REPLACING EXISTING SIDEWALK. 5. CURB FACE SHALL BE A STEEL TROWEL AND FINE HAIR BROOM FINISH. 6. FLOWLINE OF THE GUTTER SHALL HAVE A 4" SHINER. 7. ALL GUTTERS SHALL BE 2' UNLESS APPROVED BY CITY ENGINEER B. REMOVE A 2' WIDE BY 14" SECTION OF PAVEMENT ALONG THE EDGE OF THE EXISTING GUTTER. RE-COMPACT BASE OR SUB-GRADE AND CONSTRUCT 8" AC OVER 6" CMB. ASPHALT SHALL BE FLUSH WITH GUTTER. STANDARD SIDEWALK, CURB, AND GUTTER CITY OF VERNON, CALIFORNIA PUBLIC WORKS DEPARTMENT /p� V 5 2 MAY 2017 ` v STREET SLOPE LESS THAN 4X GUTTER TRANSITION vUTTER MANSIT1GH RIDGE ROW B FLOW LINEaf t � F STR C1R ` FLOW - $ flow mm 1f' am mo} 1 4 1 j" (75 mm 124a inn 600 mm ($[!q m PROPERTY LINE m^+J -NORMAL CF E ECR i �) TIP ECR kom Y(50 mm) ao "} TTE.R mm 4 tE - FOUR EQUALLY • • spACED DOWELS � FOR CONTACT � � a � ow KMTg-SU NOTE 4 4' TYPICAL CROSS GUTTER PLAN (100 mm)' ' STREET SLOPE LESS THAN 4 LONGITUDINAL GUTTER STREET SLOPE 4% OR GREATER STREET MTERUNE FLOW LihIE \ i CURS FOR ECR 2' 50 Kmn} RR ET#SY ROMTY UK GUT1pq (2M70 mm) TYPICAL CROSS GUTTER PLAN SECTION A-A STREET SLOPE MORE THAN 4% E, (law mm) 1 T' (25 mm m+n mm mm) 900 mm (9Q0 mm} C4 9 • ■ • a SJX E0UA.LiY SPACM � W ELS FOR CONTACT 4ML-5 T ,IO NTS 4� (�00 � ) SECTION B-B SECTION C-C SECTION D-D STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION P.ark.L"'Ea ar TK STANDARD P'_qN mtotoom�� CROSS AND LONGITUDINAL GUTTERS ,". 1 — w. :ff., WEAKENED PLANE JOINT OR OPTIONAL CONTACT JOINT PER NOTES 1, 2 AND 3 WEAKENED PLANE JOINTS PER NOTES 1 AND 2 QQ 15` {4500 [nm JOINT NEEDED W!lEN m W - 46' (14 m) OR MORE mm) CROSS GUTTER WEAKENED PLANE JOINTS ( 1 PER NOTES 1 AND 2 1 (1500 mm) TYP GUTTER TYPICAL JOINT PLAN NOTES: 1. WEAKENED PLANE AND/OR CONTACT JOINTS SHALL BE PLACED IN CURB AND GUTTER AT LOCATIONS SHOWN ON THE TYPICAL JOINT PLAN HEREON. 2. WEAKENED PLANE JOINTS SHALL BE PLASTIC CONTROL JOINTS OR 1-1/2" (40 mm) DEEP SAW CUTS. CONCRETE SAWING SHALL TAKE PLACE WITHIN 224 HOURS AFTER CONCRETE IS PLACED. 3. DOWELS FOR CONTACT JOINTS SHALL BE #4 BARS 18" LONG (J13M BARS 450 mm LONG). 4. PLACE A WEAKENED PLANE OR CONTACT JOINT WHERE LONGITUDINAL ALLEY GUTTER JOINS CONCRETE ALLEY INTERSECTION. S. ALL EXPOSED CORNERS ON PCC GUTTERS SHALL BE ROUNDED WITH 1/2" (15 mm) RADIUS. 6. CONCRETE SHALL BE INTEGRAL WITH CURB UNLESS OTHERWISE SPECIFIED. STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION AN LAN CROSS AND LONGITUDINAL GUTTERS 11 NOTICE INVITING BIDS for PCC and Asphalt Pavement Reconstruction for Fire Stations 76 and 78 Contract CS-0910 in the City of Vernon, California Bids are to be signed and submitted in TRIPLICATE. ONE ORIGINAL AND TWO COPIES of sealed bids must be received prior to 2:00 p.m., Thursday, March 8,2018, by the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, ("Bid Deadline"). All bids shall be enclosed in sealed envelopes, distinctly marked "Bid" with the title of the bid and the bidder's name address appearing on the outside. Bids should be mailed or delivered in person before 2:00 p.m. on the Bid Deadline. LATE SUBMITTALS WILL NOT BE ACCEPTED. Bids must be received in the City Clerk's Office before that time. At the bid opening, the City Clerk shall open bid packages and acknowledge the receipt of Bids. Once all bid packages are opened and announced, the Bid Forms will be made available for public review. The bids shall be clearly titled. Copies of the Bid Documents, Plans and Specifications are available at no charge at the Public Works Department Counter, City of Vernon, 4305 Santa Fe Avenue, Vernon, between 7 a.m. and 5:30 p.m., Monday through Thursday. A non-refundable fee of$20.00 will be charged if mailing is requested by tailing(323) 583-881 L Mandatory Pre-Bid Meeting: A mandatory pre-bid meeting to answer any questions regarding the project plans and specifications is scheduled for Tuesday, February 27, 2018 at 10:00 a.m. in the Public Works Department, 4305 Santa Fe Avenue, Vernon, California. This meeting is to answer any questions regarding the project plans, specifications and to become familiar with the project site(s). Attendance is mandatory. City of Vernon Contact Person: Public Works Department Attention: Vince Rodriguez Phone: (323) 583-8811 ext.220 Email: vrodriguez@ci.vemon.ca.us Mandator)' Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bidder fails to meet the essential requirements for qualification. General Scope of Work: Contractor shall furnish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The Work in the Bid is defined in the Project Drawings and Specifications and will generally include the following: Contractor shall furnish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The Work in the Bid is defined in the Project Drawings and Specifications and will generally include: Removal and reconstruction of existing PCC, curb and gutter, driveway approaches, asphalt pavement, sidewalk, longitudinal gutter, and ADA Ramps at Fire Stations 76 and 78. The work shall be done in accordance with Contract No. 0910 "Greenbook" Standard Specifications for Public Works Construction (2015 Edition), State of California, Department of Transportation (Caltrans) Standard Plans (2010 Edition)and the State of California Department of Transportation (Caltrans) Standard Specifications (2010 Edition). In the event of any conflicts, refer to the Procedure of Contract Documents" contained in General Conditions, Section L 10. Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the essential requirements for qualification. As part of the Bidder's Statement of Qualifications, each Bid must establish that: Bidder satisfactorily completed at least (3) prevailing wage public contracts in California; each comparable in scope and scale to this Project, within 2)years prior to the Bid Deadline and with a dollar value in excess of the Bid submitted for this Project. Other Bidding Information: 1. Contract Time: This Work must be completed within 45 calendar days from the date of commencement as established by the City's written Notice to Proceed. 2. Intentionally omitted. 3. Intentionally omitted. 4. Intentionally omitted. 5. Biddinp, Documents. Bids must be made on the Proposal Form contained herein. 6. Engineer's Estimate. An Engineer's Estimate of the cost of construction of this Work has been prepared. Said estimate is in the range of$1,200.000.00 to $1,300,000.00 8. Acceptance or Resection of Bids. The City reserves the right to reject any and all bids,to award all or any individual part/item of the bid, and to waive any informalities, irregularities or technical defects in such bids and determine the lowest responsible bidder, whichever may be in the best interests of the City. No late bids will be accepted, nor will any oral, facsimile or electronic bids be accepted by the City. 9. Contractor's License. At the time of the Bid Deadline and at all times during performance of the Work. including full completion of all corrective work during the Correction Period, Contractor must possess a California contractor's license or licenses, current and active, of the classification required for the Work, in accordance with the provisions of Chapter 9, Division 3, Section 7000 et seq. of the Business and Professions Code. In compliance with Public Contract Code Section 3300, the City has determined that the Bidder must possess the following license(s): Class A, General Engineering Contractor License from the California State License Board. The Bidder will not receive a Contract award if at the time of submitting the bid, the Bidder is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active. If the City discovers at the time of the Bid Deadline that Contractor is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active, the City may reject the Bid, cancel the award, declare the Bid Bond as forfeited, keep the Bid Bond's proceeds, and exercise any one or more of the remedies in the Contract Documents in addition to those provided by law. 10. Subcontractors' Licenses and Listing. Bidders must list each Subcontractor whom the Bidder must disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and the Bidder must provide all of the Subcontractor information that Section 4104 requires (name, address, license number, and portion of the Work). An inadvertent error in the license number will not be considered nonresponsive if it is corrected within 24 hours after the bid opening. In addition, the City requires the Bidder to list the dollar value of each Subcontractor's labor or services. The City reserves the right to review and disqualify any proposed Subcontractor. The City's disqualification of a Subcontractor does not disqualify a Bidder. In such case, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor without an adjustment of the Bid Amount. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor's license must be current and active for the portion of the Work listed and shall hold all specialty certifications required for such Work. 11. Permits. Inspections. Flan Checks. Governmental Approvals, Utility Fees and Similar Authorizations. Contractor shall apply for NO-FEE Permits. Contractor shall coordinate with the City for all required permits 12. Bid Forms and Security: Each Bid must be made on the Bid Forms obtainable at the Department of Public Works. Each Bid shall be accompanied by a cashier's check or certified check drawn on a solvent bank, payable to "City of Vernon," for an amount equal to ten percent (10%) of the total maximum amount of the Bid. Alternatively, a satisfactory corporate surety Bid Bond for an amount equal to ten percent (10%) of the total maximum amount of the Bid may accompany the Bid. Said security shall serve as a guarantee that the successful Bidder will, within fifteen (15) calendar days after the date of the award of the contract, enter into a valid contract with the City for said Work in accordance with the Contract Documents. 13. Bid Irrevocability. Bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 14. Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of securities for withheld funds is permitted in accordance therewith. 15. Prevailing Wages. This Project is a "public work" as defined in California Labor Code Section 1720. Contractor awarded this Contract and all Subcontractors of any tier shall not pay less than the minimum prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Work. The Director of Industrial Relations of the State of California, pursuant to the California Labor Code, and the rates determined by the California Director of Industrial Relations are available online at k�"%%.dir.ca..,o%`DLSRIPWD'. 16. Payroll Records. Pursuant to SB 854, Contractor and any Subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner(aka Division of Labor Standards Enforcement). 17. Registration with the Department of Industrial Relations (DIR). No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 177 L I(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR. Carlos Fandino City Administrator Dated: (Approved as to form by City Attorney) Published: City of Vernon Instructions for Bidders Project: PCC and Asphalt Pavement Reconstruction for Fire Stations 76 and 78 Contract CS-0910 for the Department Public Works City personnel with whom prospective bidders will deal with are: Vince Rodriguez, Public Works Project Coordinator, Department of Public Works, 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Ext. 220. Bid opening date and time: 2:00 p.m., Thursday, March 8, 2018 ("Bid Deadline") Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058 The bid must be received by the City Clerk prior to the time set for bid opening. A bid received by the City Clerk after the time set for the bid opening is a non-responsive bid and shall not be considered. GENERAL BID REOUIREMENTS To be considered, a bidder must strictly follow the format for bids in the specifications. Bids must be binding and firm. Any bids may be withdrawn before bid opening, but bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 1. CONTRACTORS LICENSE The Bidder must possess a valid State of California Contractors License and must list type in the classification(s) specified in the Notice Inviting Bids at the time of the Bid Deadline and at all times during the performance of the Work, except as otherwise provided in California Business and Professions Code Section 7028.15. 2. INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND ADDENDA A. if any Bidder contemplating submitting a Bid is in doubt as to the true meaning of any part of the Bidding Documents,or who finds discrepancies, errors or omissions therein or who finds variances in any of the Bidding Documents with applicable law, such Bidder shall at once submit a written request for an interpretation or correction thereof to the City's representative identified in the Notice Inviting Bids, or other designated individual. All Bidders shall submit such written requests to City not less than ten (10) calendar days prior to the Bid Deadline. The person or entity submitting the request shall be responsible for its prompt delivery to City's Contact Person identified in the Notice Inviting Bids. Any interpretation or correction will be made only by Addendum issued by the City and a copy of such Addendum will be delivered to all Interested Bidders of record. Any Addenda so issued must be acknowledged in the Bid and the cost of performing Work described in the Addenda shall be included in the Bid. Bidder's failure to acknowledge receipt of all Addenda may result in rejection of the Bid as nonresponsive. No person is authorized to render an oral interpretation or correction of any Bidding Documents and no Bidder may rely on any such oral interpretation or correction issued by the City. The City shall not be responsible for any other explanation or interpretation of the Drawings or Specifications, or for any oral instructions. City reserves the right to extend the Bid Deadline by issuing an Addendum to Interested Bidders no later than 72 hours prior to the Bid Deadline. Bidders shall use complete sets of Bidding Documents in preparing Bids; City shall not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. B. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued and the Bidder shall acknowledge their receipt in the Bid. 3. OBTAINING DRAWINGS AND DOCUMENTS Bidder may secure Bidding Documents only from the location specified in the Notice Inviting Bids. City will maintain a list of persons who obtained a copy of these Specifications ("Interested Bidders"). Only Interested Bidders will receive Addenda, if so issued. 4. BID FORMS— SUBMITTAL A. The Bids shall be made on the forms provided herein with all blank spaces properly filled in. B. The phraseology shall not be changed, and no additions shall be made to the items mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions attached to a Bid will render it informal and may cause its rejection. All forms requiring specific information shall be completed with all applicable information for a Bid to be considered responsive. C. Include all Bid Forms, properly executed, and intact on forms provided. Enclose the Bid Forms in a sealed envelope; type or print on the envelope "BIDS for" followed by the title and Specification Number and the date and time of the Bid Deadline, and the Bidder's name and address. The envelope may be mailed, hand delivered, or delivered by courier or package delivery service. D. One Original Bid and two copies shall be hand delivered, delivered by courier or package delivery service to the City Clerk, City of Vernon,4305 Santa Fe Avenue, Vernon, CA 90058. E. Bids received after the Bid Deadline or at any place other than the Office of the City Clerk will not be considered. 5. BID FORMS—AUTHORIZED SIGNATURES A. The full name, business address, zip code, and business telephone number, with area code of the individual, partnership,joint venture,or corporation submitting the Bid shall be typewritten or legibly printed on the Bid Forms. The Bidder shall sign the form with his/her usual wet ink signature. B. Sole Proprietorship: An individual shall sign. C. Partnership (General or Limited): A partner shall sign for a partnership: the partner shall give the names and addresses of all partners. D. Corporation: An officer shall sign for a corporation. The corporate name must be attested by the corporate seal. The names and titles of the president and all officers of the corporation who are authorized to sign the Bid Forms must be listed in an authenticated Incumbency Certificate signed by the corporate secretary. A signature other than a corporate officer's will be accepted only if an authenticated Incumbency Certificate is attached. E. Joint Venture: Bidders shall use the appropriate section(s) listed above in B-D, based on their applicable situation. 6. BID FORMS— SCHEDULE OF BID PRICES A. The Bidder shall include in his/her Bid price(s) any and all expense or costs that may be necessary to complete the project in accordance with the requirements of the Contract. The cost of all mobilization, preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the various project sites must be included in the various bid items, and no extra compensation will be paid to Contractor. B. The Bidder shall state for each item on the Schedule of Bid Prices form, in clearly legible figures,the Base Bid,the alternates,and the unit price and item total or lump sum, as the case may be, for which he/she proposes to supply labor, materials, and equipment and to perform the Work. Bids must not contain any erasures, interlineations, strike-throughs or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure or correction the initials of the person(s) signing the Bid. If any Bid, or portion thereof, is determined by the City to be illegible, ambiguous or inconsistent, City may reject such a Bid as being non-responsive. C. In the case of a unit price item, the amount set forth, as the item total shall be the product of the estimated quantity times the unit price Bid. In the event of a discrepancy between the unit price Bid and the item total, the unit price shall prevail; however, if the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. D. All requested Alternates, if any, shall be Bid. See the Schedule of Bid Prices for more information and the list of Bid Alternates, if any. If no change in the Base Bid is required, enter"No Change." 7. BID SECURITY A. Each Bid shall be accompanied by cash or a cashier's check or a certified check, drawn on a responsible bank doing business in the United States payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as a principal and a California admitted surety company (as defined by California Code of Civil Procedure §§995.120 and 995.311) as surety ("Bid Security"). B. All bonds must be issued by a California admitted surety insurer with the minimum AM Best Company Financial strength rating of"AMI" or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. C. Bid Security shall be in an amount not less than 10% of the Base Bid. Any Bid submitted without Bid Security will be rejected as non-responsive. The Bid Security shall be given as a guarantee that the successful Bidder will execute the Contract and will provide the insurance, bonds and other required forms within fourteen (14)calendar days after award of the Contract. Bidders will be entitled to return of Bid Security except when a successful Bidder forfeits its Bid Security. A forfeit may occur, for example, if the successful Bidder withdraws its Bid prior to the expiration of ninety (90) calendar days after award of the Contract; attempts to withdraw its Bid when the requirements of Public Contract Code § 5101 el seq. are not met; or refuses or fails to execute the Contract and provide the required bonds, insurance or certificates within fourteen (14) calendar days after award of the Contract. In any one or more of these events, if City awards the Contract for the Work to the next lowest responsible Bidder, the amount of the original lowest Bidder's security shall be applied to the Contract Price differential between the lowest Bid and the second lowest Bid. Any surplus will be returned to the original lowest Bidder. If the City rejects all other Bids presented and re-advertises, the lowest Bidder's Bid Security may be used to offset the City's cost of re-advertising and receiving new Bids. In that case, the surplus if any, will be returned to the original lowest Bidder. D. The Bid Security shall be held for ninety (90) calendar days after the award of the Contract or until posting by the successful Bidder of the payment and performance bonds, proof of insurance, return of executed copies of the Contract and necessary certification(s), whichever first occurs, after which time the Bid Security will be returned to all Bidders. E. If a Bid Bond is to be submitted, Bidder shall use the form entitled "Bid Bond" contained in the Bidding Documents, which Bid Bond shall be properly executed and acknowledged by the Bidder and by a corporate surety authorized to transact such business in the State of California. F. Any alteration of said form of Bid Bond, or imperfection in the execution thereof, as herein required, will render it informal and may, at the option of the City, result in the rejection of the Bid under which the Bid Bond is submitted. 8. BIDDER'S AND SPECIALTY CONTRACTORS' STATEMENTS OF QUALIFICATIONS A. Each Bidder shall be required to complete, execute and submit with its Bid, the form entitled "Bidder's Statement of Qualifications." All information required by a Bidder's or Specialty Contractor Statement of Qualifications shall be completely and fully provided. if no information is to be Filled in a blank space, then write "none." Any Bid not accompanied by a Bidder's Statement of Qualifications form completed with all information required may render the Bid non-responsive. If the City determines that any information provided by a Bidder in the Bidder's Statement of Qualifications is false or misleading, or is incomplete so as to be false or misleading, the City may reject the Bid submitted by such Bidder as being non- responsive. B. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the contract documents. In selecting the lowest responsible Bidder, consideration will be given not only to the Bidder's financial standing but also to the general competency of the Bidder for the performance of the work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public buildings for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder's experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, and other factors which could affect the Bidder's performance of the work. 9. DESIGNATION OF SUBCONTRACTORS A. Subcontractor Listing. On the Designation of Subcontractors form,the Bidder shall list each Subcontractor whom the Bidder must disclose under the Subletting and Subcontracting Fair Practice Act, Public Contract Code Section 4104. The Bidder shall provide: each Subcontractor's name, the trade and type of work that the Subcontractor will perform, the location (address) of the Subcontractor's place of business, each Subcontractor's license number, and the dollar value of each Subcontractor's labor or services. If additive Alternate Bid Items are included in the Bidding Documents, the Bidder shall identify each Subcontractor performing additive Alternate Bid Items, when such Work — or the combination of base Contract Work and Alternate Work— exceeds one-half of one percent of the total Bid Amount. B. Subcontractors' Licenses. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor shall possess a current and active California Contractor's license appropriate for the portion of the Work listed for such Subcontractor,and hold all specialty certifications required for such Work. C. Disqualification of a Subcontractor. The City has the right to review the suitability and qualifications of any Subcontractor proposed by the Bidder. As part of this review, the City may request a Bidder to submit additional information about one or more of the listed Subcontractors—including, but not limited to—a statement detailing the Subcontractor's experience with pertinent information as to similar projects and other evidence of the Subcontractor's qualifications. If requested, the Bidder shall provide the information to the City within the time specified in the City's written request. After due investigation, if the City has a reasonable objection to any proposed Subcontractor, the City may, before giving the notice of award, require the apparent successful Bidder to submit an acceptable substitute. The City's disqualification of a Subcontractor does not disqualify a Bidder. However,prior to and as a condition to award of the Contract,the successful Bidder shall substitute a properly licensed and qualified Subcontractor without an adjustment of the Bid Price. D. Work of Subcontractors. The organization or arrangement of the Specifications and Drawings do not limit the extent of the Work for the Contract Documents. Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings and other Contract Documents to all persons or entities submitting sub- bids to the Bidder. The omission of any portion or item of Work from the Bid or from sub-bids, which is reasonably inferable from the Contract Documents, will not be a basis for adjustment of the Contract Price or the Contract Time. E. Ineligible Subcontractors. The successful Bidder is prohibited from performing Work on the Project with any Subcontractor who is ineligible to perform work on a public works project pursuant to California Labor Code Sections 1777.1 or 1777.7. In submitting its Bid, the Bidder certifies that it has investigated the eligibility of each and every listed Subcontractor and has determined that none is ineligible to perform work pursuant to the above code provisions. 10. CONTRACTOR'S NONCOLLUSION AFFIDAVIT A Noncollusion Affidavit in the form provided by the City shall be signed under penalty of perjury, certifying that the Bid is not the result of and has not been influenced by collusion. Bidder shall submitthis form with its Bid. Any Bid made without such affidavit, or believed to be made in violation of the requirements set forth in the affidavit form, may be rejected. 11. INSURANCE REQUIREMENTS The Bidder shall submit to its insurance company or insurance agent the Insurance Requirements in this Specification and the Contract Documents. The insurance company"s underwriter or agent must complete the Insurance Requirements documentation which states that the insurer's underwriter or agent will furnish the City with the required insurance documents within fourteen (14) days after the Bidder's having been notified of the Contract's award. The Bidder shall submit this form with its Bid. Any Bid made without this statement, or made with an incomplete statement, may be rejected. 12. EXAMINATION OF DRAWINGS, SPECIFICATIONS,AND SITE OF WORK A. The Bidder shall examine carefully the site of the Work contemplated and the Drawings and Specifications. The submission of a Bid will be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of Work to be performed and materials to be furnished, the difficulties to be encountered, and to the requirements of the Drawings, Specifications, and other Contract Documents. The Bidder shall ascertain the locations of the existing utility services, and other underground facilities, and provide for carrying out its operations so as to cause the minimum possible inconvenience to the occupants of properties along any streets affected. All Work and costs involved in the safeguarding of the properties of others shall be at the expense of the Bidder to whom the Contract may be awarded. B. The Bidder hereby certifies that it has examined the local conditions, has read each and every clause of the Contract Documents, and that it has included all costs necessary to complete the specified Work in its Bid prices, and the Bidder agrees that if it is awarded the Contract, it will make no claim against the City based upon ignorance of local conditions or misunderstanding of any of the provisions of the Contract. Should the conditions turn out otherwise than the Bidder anticipated,the Bidder agrees to assume all risks incident thereto. 13. PRICES AND PAYMENTS Approximate quantities listed in the Schedule of Bid Prices are estimates given for comparing Bids, and no claim shall be made against the City for excess or deficiency therein, actual or relative. Payment at the prices agreed upon will be in full for the completed Work and will cover materials, supplies, labor, tools, equipment, and all other expenditures incident to a satisfactory compliance with the Contract, subject to all applicable provisions in the Contract and General Conditions. 14. PERMIT FEES All City issued permits required for the construction of the project shall be no-fee permits. Bidder shall exclude the cost of Permit Fees from Bidder's Base Bid sum. 15. SUBSTITUTIONS Bidders wishing to obtain City's authorization for substitution of any material, device, product, equipment, fixture, form, or type of construction shall submit all requests for substitution, including all data necessary to demonstrate acceptability, a minimum of (insert#of days) ten_(10) calendar days prior to the Bid Deadline. Approval of any such substitution shall be made in writing by the City. Bidders shall refer to the appropriate provisions in the General Conditions for additional requirements for substitutions. In the absence of a written Addendum prior to the Bid Deadline or a Change Order approving the request after Contract award, a request for substitution shall be deemed denied. 16. RETURN OF IMPROPER BIDS Bids submitted after the Bid Deadline are non-responsive and shall be returned to the Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted Bids shall not be considered unless the Notice Inviting Bids expressly permits such means of transmittal. 17. WITHDRAWAL OF BIDS Bidder may withdraw its Bid either personally or by written request any time prior to the scheduled Bid Deadline by notice to the City's Contact Person designated in the Notice Inviting Bids. If such notice is written, it shall be signed by the Bidder and shall be date- stamped and time-stamped by the City upon receipt. Withdrawn Bids may be resubmitted before the Bid Deadline provided that they are in full conformance with these Instructions to Bidders. Once submitted, all Bids are irrevocable, except as otherwise provided by law. Requests for withdrawal of Bids after the Bid Deadline shall be made only in accordance with California Public Contract Code § 5100, el seq. Bidder agrees by submitting a Bid that such Bid shall remain open, is irrevocable, and may not be modified, withdrawn, or cancelled for a period of ninety(90) days after award of the Contract. 18. OPENING AND EVALUATION OF BIDS A. Bid Opening and Tabulation. The Bids shall be opened and read in public after the Bid Deadline has expired at the time and location listed in the Notice Inviting Bids. A tabulation of all Bids received will be available for public inspection at the Office of the Public Works Department,4305 Santa Fe Avenue,Vernon,CA 90058 during regular business hours for a period of not less than thirty(30) calendar days following the Bid Deadline. The City reserves the right to accept or reject any or all Bids and be the sole judge regarding the suitability of the products, services or supplies offered; and/or to waive any irregularities or informalities in any Bids or in the bidding process. The City further reserves the right to purchase all or fewer than all items or quantities of each item listed in the Bidding Documents. The award of the Contract, if made by the City, shall be to the lowest responsive and responsible Bidder. If Bid Alternate Items are called for, the lowest Bid shall be determined according to Paragraph 20 below. B. Evaluation of Bids. l. Mandatory Qualifications. A Bid shall be rejected as non-responsive if the Bidder fails to document in the Bid that Bidder meets the essential requirements for qualification described in the Notice Inviting Bids. As part of the Bidder's Statement of Qualifications each Bidder must establish that it, as the current entity: (I) has successfully completed at least three (3) similar projects involving similar work within the last three (3) years with a cost equal to or in excess of the Bidder's Bid; and (2) has successfully completed at least three (3) public works projects. 2. Responsive Bid. A responsive Bid is a Bid which conforms, in all material respects, to the Bidding Requirements and Contract Documents. 3. Responsible Bidder. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the Contract Documents. 4. Competency of Bidders. In selecting the lowest responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of the Bidder for the performance of the Work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public works for public agencies. By submitting a Bid,each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder's experience with similar types of construction projects and facilities,conduct and performance under other contracts, financial condition, reputation in the industry, safety record and protocols and other factors which could affect the Bidder's performance of the Work. 19. AWARD OF CONTRACT The City reserves the right to reject any or all Bids and to waive any or all information or technical defects, as the interest of the City may require. Award of Contract or rejection of Bids will be made by the City within ninety (90) calendar days following the Bid Opening. 20. BASIS OF AWARD A. A Contract will be awarded to the lowest responsive and responsible Bidder meeting all requirements set forth in these Bidding Documents. B. City reserves the right in its sole discretion to select any, all, or none of the Bid Alternates at the time of award of the Contract, regardless of whether such Bid Alternates were used in the analysis to determine the lowest Bid. 21. EXECUTION OF CONTRACT Within fourteen (14) calendar days after being notified by City that it has been awarded the Contract, Contractor shall deliver to the City the following documents: A. Three (3) copies of the Contract in the form included herein, properly executed by Contractor and, if Contractor is a corporation, evidence of its corporate existence and that the persons signing the Contract are authorized to do so. All signatures must be notarized. B. Properly executed copies of the (a) Performance Bond (b) Labor and Material (Payment) Bond and (c) Maintenance Bond in accordance with the requirements set forth in Article 13 of the General Conditions and in the form shown on Exhibits 1, 2 and 3 attached thereto. All signatures must be notarized. C. Properly executed policies of all of the following: (a) the Commercial General Liability Insurance, (b) the Automotive Liability Insurance, and (c) Professional Liability, if required, and (e) the corresponding endorsements for each policy in accordance with the requirements set forth in Article 12 of the General Conditions. In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for the State of California, or on days when City Hall is closed, the aforesaid documents shall be delivered by the following working day. After receipt of said documents within said time period or any extension thereof granted by the City, the City shall execute the Contract and return one (1) of said three (3) copies to Contractor for its files. 22. PUBLIC RECORDS City seeks to conduct its business openly. Except as set forth in paragraph $.A., upon opening, all Bids shall become a matter of public record and shall be regarded as public, with the exception of those elements of each Bid that are identified by the Bidder and plainly marked as "trade secret," "confidential,"or"proprietary," including any Statement of Qualifications and financial statements to be submitted by Bidders. Each element of a Bid which a Bidder desires not to be considered a public record must be clearly marked as set forth above,and any blanket statement(i.e. regarding entire pages, documents,or other, non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. if City receives a request from a third party to make a Bid available for inspection and copying, the City will notify the Bidder of the request. If a Bidder instructs the City that the information is not to be released, City will withhold the information, provided, the Bidder expeditiously seeks a protective order from a court of competent jurisdiction to prevent such release. If disclosure is required under the California Public Records Act or otherwise by law(despite the Bidder's request for confidentiality),the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof. Bidder shall indemnify, defend (including Bidder's providing and paying for legal counsel for City), and hold harmless City, its officers, agents, employees, and representatives from and against all liability,claims,suits,demands,damages,fines,penalties,costs,or expenses arising out of or alleging City's refusal to publicly disclose one or more records that Bidder identifies as protectable, or asserts is protectable. 23. PREVAILING WAGE RATES AND EMPLOYMENT OF APPRENTICES A. Prevailing Wage Rates. The Bidder and all Subcontractors shall utilize the relevant prevailing wage rate determinations in effect on the first advertisement date of the Notice Calling for Bids in preparing the Bid Proposal and all component price quotations,provided,however,that when Davis Bacon wage rates apply, such rates are subject to increase by written notice, issued by Addendum not less than 10 calendar days before the Bid Deadline. Pursuant to California Labor Code Section 1770 el seq., the Director of the Department of Industrial Relations of the State of California and the United States Secretary of Labor have determined the general prevailing wage rates in the locality in which the Work is to be performed. Said rate schedules are available on the Internet at The wage rate for any classification not listed, but which may be required to execute the Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. To comply with California Labor Code Section 1773.2, Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall also comply with the requirements of California Labor Code Sections 1773 et seq. B. Apprenticeship Committee Contract Award Information. Pursuant to California Labor Code § 1777.5 and Title 8 of the California Code of Regulations § 230, Contractor and Subcontractors of any tier who are not already approved to train by an apprenticeship program sponsor shall, within ten (10) calendar days of signing the Contract or subcontract, as applicable, but in any event prior to the first day in which Contractor or Subcontractor has workers employed on the Project, submit the Public Works Contract Award Information form (DAS Form 140) to the appropriate local apprenticeship committees whose geographic area of operation include the area of the Project and who can supply apprentices to the Project. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. C. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract or subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. D. Notice to Subcontractors. Bidders shall notify all potential Subcontractors submitting price quotations for portions of the Work of the requirements concerning payment of prevailing wage rates, payroll records,hours of Work,and employment of apprentices. 24. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 177 1.l(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR. 25. SPECIAL CITY REQUIREMENTS Special City forms and their instructions are an integral part of these specifications and failure to submit same may be grounds, in the sole discretion of the City, for rejection of any Bidder. A. Living Wage Ordinance and Prevailing Wage Where Applicable. Contractor, and Subcontractors, if any, shall comply with the terms and conditions of Ordinance No. I l 87, the City's Living Wage Ordinance. Upon request, certified payroll B. Documents shall be provided to the City. If there is a difference between the Vernon Living Wage rates and the California Prevailing wage rates for the same classification of labor, Contractor and subcontractor shall not pay less than the highest wage rate for that classification. C. Equal Employment Opportunity in Contracting. The City of Vernon is committed to a policy of equal opportunity in contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. Contractors expressly agree to comply with the City's ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting the Contract. Contractor certifies and represents that during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their age not discriminated against because of their race, religion, religious belief, color, national origin, citizenship, ancestry, disability, sex, age, medical condition, pregnancy, sexual orientation or marital status. Contractor certifies that it will not maintain any segregated facilities. Contractor shall comply with all applicable Federal and California laws including, but not limited to, the California Fair Employment and Housing Act (California Government Code Section 12900, et seq.), California Labor Code Section 1735, and The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). Contractor shall require like compliance by all Subcontractors employed on the Work. 26. BID PROTEST PROCEDURES A. Any Bidder submitting a Bid directly to the City and eligible for award of the Contract may file a protest if the Bidder complies with all of the following requirements and conditions: I. The Bid protest is in writing; 2. A protest based upon alleged defects or improprieties in the Contract Documents is filed with the City pjior to the Bid Deadline; 3. All other protests are to be filed and received by the City no more than five (5) calendar days following the City's notice of intent to award the Contract; and 4. The written Bid protest sets forth, in detail, all grounds for the Bid protest, including without limitation: all facts, supporting documentation, legal authorities, and argument in support of the grounds for the Bid protest. All factual contentions must be supported by competent, admissible, and credible evidence. B. Any matters not set forth in the written Bid protest will be deemed waived. Any Bid protest not conforming to the foregoing requirements and conditions will be rejected by the City as invalid. C. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder's submission of this Bid and the City acceptance of same,the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal, state, and local laws. [END OF DOCUMENT] BIDDER'S PROPOSAL The undersigned submits this Bid in respo,se to the Notice Inviting Bids issued by the City to construct the Work of the following Project in accordance with the Contract Documents PROJECT: PCC and Asphalt Pavement Reconstruction for Fire Stations 76 and 78,Contract No.No.0910 A. Enclosed herewith and by this reference incorporated herein and made a part of this Bidders Bid are the following completed forms: 1. Bidders Proposal 2. Schedule of Bid Prices 3. Incumbency Certificate 4. Bid Security in the following form(chedr one) ❑Cashier's Check ❑Certified Check GBid Bond ❑Cash 5. Bidders Statement of Qualifications 6. Experience Form 7. Statement of Violations of Federal, State or Local Law,F applicable a. Contractor Safety Questionnaire 9. Designation of Subcontractors 10. Contractor's Affidavit of Noncollusion 11. Insurance Requirements Affidavit 12. Statement of Disqualification or Debarment. 13. Pre-Bid Site Inspection Certification. B. Acknowledgment of Addenda. The Bidder shall acknowledge the receipt of all Addenda by attaching a signed copy of al;Addenda,and by listing all Addenda received and attached in the space below. If an Addendum or Addenda have been issued by the City and not attached and noted above as being received by the Bidder, the Bid may be rejected. C. Inspection of the Work and Contract Documents. Bidder certifies that it has carefully examined and is fully familiar with all of the provisions of the Bidding Documents and said Bidding Documents contain sufficient detail regarding the Work to be performed;that it has notified City of any errors or omissions in the Bidding 4 Page 17 of 173 Documents and/or any ur.isual site conditions;and that it has carefully checked all words,prices,and statements in this Bidding Document. Bidder Hereby cerfifies that helshe and Ns/her Subcontractors have inspected the site and related Drawings and Specifications of Work and fully acquainted themselves with A conditions and matters which may in any way affect the Work,time of completion or the costs thereof. Bidder also cedifies halshe has observed the designated Contractor Work areas and access routes,if disclosed or shown,as part of the Work in this Contract. Page 28 of 173 PRE-BID SITE INSPECTION—CERTIFICATION: Person(s)who inspected site of the proposed Work for your firm: Name: 11f,Iro L ew,s .-Date of Inspection 3-6'4S Title: G S-f "Ma"C'' Name: Date of Inspectioi Title: D. Bidder agrees that all costs of Work shown in the Bidding Documents, including work reasonably inferable therefrom and necessary thereto are included in hislher Bid. All Work shown in the Contract Documents for which a specific line item is not provided in fhe 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:ner default in executing the required Contract and the required bonds, of fumishing the required insurance, the money payable under the Bic Security accompanying this Bid shall be applied by the City towards payment of the damage to the City on account of such default, as provided in the Bidding Documents. F. Period of Irrevocability. Bidder agrees'hat 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. 6 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$idder declares than neilk-,helshe nor any mem be,--o[k sfter fan yT wr29r&LjM offor or eM&pq pf the Cit4{ofVamort. -- -- - - - t hereby certify under penalty of perjury under the laws of the State of California that the representations made herein are`.rue and correct. 2-0 tg Executed this a- day of P)AR.e.9 at AJeD.S;0 GIs W City Bidder's Proposal Respectfully Submitted Page 29 of -73 NAME OF BIDDER COMPANY / NAME !v DhC?S,,- ZytC. ADDRESS: � O l�[(jc c No je# CONTACT PERSON: one{ ScSn TELEPHONE NUMBER: { M0 FAX NUMBER: (2 E-MAIL: Pv 61 AMe;r-nP/ CALIFORNIA STATE CONTRACTOR'S LICENSE NUMBER: EXPIRATION DATE. 31^1 Cl TAX IDENTIFICATION NO.: V- 3-?2��sGQ SURETY COMPANY: Me�c hac1fS cp,* hy/ All Bid forms must be signed where so indicated by the person or persons duly authorized to sign on behalf of the Bidder. By signing the Bid,the person signing is deemed to represent that he or she has authority to bind the Bidder. Failure to sign the Bidder's Proposal may invalidate the Bid. Page 30 of 173 BIDDER'S PROPOSAL—SIGNATURE(S). Form of EnUty of Bidder: Please check the appropriate signature blocK below and fill in all related information. Sole Proprietorship- By. T t'e Printed name of person signing Signature List all dlb/a's: ❑ Partnership: El General Partner ❑Limited Partner By- 7 tle _ Printed name of person signing Signature By. 1..��.t D�[�.a. � e Officer Title: F inted name of erson signing — Corporate Seal ure Joint'MenEure l,orporatior, Partnership rriduA ❑ Other By. Tiltf- Printed name of person signing Signature Name of all Joint Venturers- [if the Bidder .s a corporation or a limited liability company, enter stale or county of incorporation in addition to the business address and include an incumbency certificate executed by a Secretary thereof in the form set forth herein listing each officer Wth sy ning 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 hed jointly and severally liable for any and aN of the duties and obligations of the Bidder under the Bid and under any contract arising therefrom. Attach evidence to the Bid Proposal Forrr•that the individual signing has authority to do so[ Page 31 of 173 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �^�cr A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Orange On �� before me, Fa_y_E. Anderson/Notary Public Date Here insert Name and Title of the Officer personally appeared _Larry Nodland Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,a$'whose nameXWW4 subscribed to the wjitin instru-rent and acknow'edged to rr.e that he/q>&tb6'y executed the same in his/beftdr authorized eepacity }, and that by h1S}hwl>0 signaturajeon the instrument the personalW, or the entity upon behalf of which the person{Oacted, executed Vie instrument. I certify under PENALTY OF PEFLJURY under the laws of the State of California that the foregoing paragraph is true and correct. KAYF-ANWSON WITNESS my hand and official seal. N Mvy Pulpit-Callan Pa Orange County Commiss+an l 2245t44 9— AhCom&E�i )wrs.2021 Signature 'r A ML f"Iture of Notary Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity[ies) Claimed by Signer(s) Signer's Name: Larry Nodland Signer's Name: A Corporate Officer -- Title(s): President ,_ Corporate Officer — Title(s): Partner — D Limited General ,] Partner — F_-�Limited L-j General Individual — Attorney in Fact Individual 7 Attorney in Fact Trustee =. Guardian or Conservator Trustee i Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: - -.��r .. ST4:'4�'4?�'-?CC�S?: .�"'�'f•-x �:ti?�:a?"':Asp.'Sim• {`yz:�z��e�7�rrtr+_re� -;.r. 02016 National Notary Association •�Arvv,01ationalNotary org - 1-800-US NOTARY(1-800-876-6827) item#5907 4 � SCHEDULE OF BID PRICES PROJECT: PCC and Asphalt Pavement Reconstruction for Fire Stations 76 And 78,Contract No.CS•0910 BIDDER'S NAME: BASE 130 Pursuant to and in compliance with your Notice Inviting Bids and Contract Documents relating to the Project including all Addenda (attach signed copies), Bidder, having become thoroughly familiar with the terms and conditions of the Contract Documents and with local conditions affecting the performance and the costs of the Work at the place where the Work is to be done,hereby proposes and agrees to fully perform the Work vAhin the time stated in strict accordance with the Contract Documents(including the furnishing of any and all labor, materials, tools, expendable equipment, and utility and transportation services necessary to fully perform+ the Work and complete it in a workmanlike manner) for the total Base Bid sum of: P&L' L ,pr A N:t�,�+ Dollars ss 1) Item No. Description unds Quantity grill Cost Amount 1, Unclassified excavation (14 inches deep) - sawcut, removal, and disposal of asphalt pavement, Cv 2570 ap concrete, aggregate base&soil. 7D 2,g d P(sb{ 2. Unifo7n cold plane cutting,4-deep. tF- 44330 3. Uniform cold plane cuttk-.6'deep. LF 16,650 _ 4, Construct new B-PG 70-10 Asphalt Pavement in accordance with the TON 1773 plan and specifications. ,Z 5. Construct 8' thick (560-C-3250) PCC pavement with No. 4 rebar on SF 51,620 CO 6 crushed miscellaneous base, 6, Construct 3.5' thick Concrete Sideway per City Std.Plan PV582. 5F 500 �/ z oz T. Construct 8' thick Concrete Curb Ramp including Truncated Domes EA 1 00 _ Der Caltrans Sid.Plar RSP A88A. Nzb Z-2 o 8 Construct 8"thick concrete d(veway per City Std.Plan PV693. SF 750 CIZ 9_ Construct PCC longitudinal gutter (3'w+de)per SPPWC Standard Plan LF 250 Q 122-2 36 Zs� 10 Construct PCC longitudinal gutter (2'wide)per SPPWC Standard Plan LF 280 C92 122-2 26 — B;D TOTAL WRi-rt=N AMOUNT $ 01 U(1 1aaL-*Tcacw r T'4vn 'Thus Aau Q I-q Q j Page 32 of 173 All other work items, labor,materials,tools and incidentals which are not specifically listed in the above bid items,but are necessary to complete the project per specifications,and all other applicable standards and codes are considered to be included in the above bid items. If there is a discrepancy between(t)the 'Grand Total"shown immediately above,(2)any of the"total costs"shown in the far right column above,or(3)the individual Unit Price,then the Unit price shall control over the total cost,and the total cost shall control over the total If,however,the At price is ambiguous,unintelligible,or uncertain for any cause, or is omitted,or is the same amount as the entry for the item total,then the item total shall p►evaH and shall be divided by the estimated quantity for the itern and the price thus obtained shall be the unit price. Bidder shall exclude the cost of Permit Fees from Bidder's Base Bid sum; Base Bid sum shall include the cost of administrat}on and coordination of Governmental Approvals and Utility Fees. Page 33 of 173 r y ��SpE ACQC,r! Ave 644ky Kave,14F Title Date Licam Number Date of Expiration (SEAL-if Bid is by a corporation) Altesi 10 Amount of CeIried or Cashiers C @id Bond # �� ware Ui ouriufrly wnlNany INCUMBENCY CERTIFICATE Print legibly the names and title of the president and all officers of the Company who are authorized to sign the Bid Forms: PRESIDENT'S&OFFICERS"AAME TITLE: Lutry Alo,,Ile rli ��PS. P•�t �r�FSrrr��' The undersigned hereby certifies to the City of Vernon that he/she is the duly elected and acting Secretary of Page 34 of 173 t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 .rx,t� `�ea: .rt., s A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange } On 3 ��" 1 before me, lay 1,_Anderson/Notary Public. Date Here Insert Name and Title of the Officer personally appeared Larry Nodland and Robert Niadland II Name(s)of Signer(s) who proved to me on the basis of satlsfactory eviceiwce to be the person(s) whose name(s),rsl/are suFeaaytrni ed to the within instrument aM acknowl ed to me that I��they executed the same in ir aLftw and capacity(ias), and that by��4,Rheir signatures)on the instrument the person(s), or upon behalf of which the person{s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. x" Np4ayAuhGc-{atra ml a Y WITNESS m hand and official seal. CoMwuta;v 4p tea;Ira Signature 8 ture of Notary Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: _ Capacity(les) Claimed by Signer(s) Signer's Name: Larry Nodland Signer's Name: Robert Nodland II _ M Corporate Officer — Title(s):Pres ideut X Corporate Officer — Title(s):_Secretary Partner — --' Limited -General —Partner -- Limited 7 General Individual Attorney in Fact ` Individual E!!Attorney in Fact _Trustee Guardian or Conservator -Trustee C Guardian or Conservator Other: Other: -- Signer Is Representing: Signer Is Representing: L2t}t6!National Notary Association •www.NationalNotary.org • 1-$00-US NOTARY(1-800-876-6827) Item#5907 C'. (the"Company'),and that,as such,hels-ie is authorized to execute this Incumbency Certificate on behalf of the Company,and further cerfies that the persons named above are the duly elected, qualified and acting officers of the Company, holding on the dale hereof, the titles and positions set forth opposite their names and are authorized to sign the Bid Forms. IN WITNESS WHEREOF, the undersigned has executed this Incumbency Certificate this _A day of P"?A it a t# 2OL8 Rob�rf /�1d�1Q��1� Secretary's Name-Prirtted �-, et ro Signature Bond No.: Premium Amourt$ Bond's Effective Date Page 33 of 1_73 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Oraaae _ ) On 3—19— 18 before me, Kay E. Anderson/Notary Public Date Here Insert Name and Title of the Officer personally appeared Robert Nodlaud II Name(s)of Signer(s) vrha Proved to rna on the basis of satisfactory evidence to be the personpf whose narneWW9,4 subscribed to the within Instrumeq and acknowiedged to me that 1-mv'4464kKy exacuFed the same in hislyOAD r authorized cg).acityW. and that b his}' r'# r signaturVon the instrument the person r or the errtity upon behalf of which the persorli)actsed, executed *he instrurrent. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. PAY E.ANMRSON WITNESS my hand and official seal. Notuyr Public_ CaGfam a a OringeCawuy Ccwnrni s on a 2205144 WConvr-E.Vv ki 15.212i Signature- - S+ ire of tVofary Pub+c 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.- Document Date: Number of Pages: _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Nodland II Signer's Name: II;Corporate Officer — Title(s): Secretary Corporate Offlcer — Title(s): Partner — J Limited General -- Partner — -- Limited --! General Individual "' Attomey in Fact Individual Attorney in Fact -Trustee Guardian or Conservator - Trustee Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: P2016 National Notary Association•www.NationalNotary.org • 1-800-US NOTARY(1-BW-876-6827) Item A5907 Band No. CSBA-7082 BID BOND R€CITAL& 1. The City of Vernon.California('City},has issued a Notice Imrlling Bids for the Work described as blim: PCC and Ashpalt Pavement Reconstruction Specification"to.Cs-o9io: For Fire S'atioc-s 76 :rr d 76, Contract CS-0910 in Vernon,CA.('Project°). In response to the Notice Inviting Bids, Nobest incornortigd (Name,address,and telephone of Contractor) 7600 Acacia Ave, Garden Grove,CA 92841 (714)892.5583 ("Principal`), has submitted the accompa qiN Bid for the tract. 3. Principal is required under the terms of Nre Specification,—and all Bidding Documents referenced in it—to furnish a bond With the Bid_ d. The Specification, including all cis amendments and supplements,and Principals Bid are incorporated into this Bond and made a part of it by this reference. lIC1TION: THEREFORE,for value received,We.Principal and Merchants Bonding Company(Mutual) _ (Marne,address,and ideplione of Surety) 67CO Westc'wr Parkway,West Des Moines,IA 50266 MO)67MITI _ ('Mary') a duty admitted surely i-surer underCalfom{a's laws,agree as follows: fay this Bond,We jeinfty ano smraiy obligate and bind ourselves,and our respective heirs,executors,administrators,successors, and assigns to pay City the penal sum of Ten Percent of Amount Bid Dollars(S 10% )(`the Bonded Sum'.this amount comprising not less than TEN PERCENT(10%)of f' dpaf's Base Bid,in lawful money of the United States of America. The California licensed Resident Agent for Surety is: ',rr - e -:.�i j.:rsty EI�', !411 N E S '+kit 51l., S:eta 20?, Qfan ,CA 92867 {�arrw_,E+cdr935.err.IdeF... . (714'. 516-1232 Registered Agent's Cafrfcrnia 3eparunent of Insurance License No. 0680930 THE CONDITION!GF THIS BOND'S OBLIGATION IS THAT,if;(1)Principal does not(a)withdraw its B.d for the period specified in the Bidding Documnenls,or---if no period is specified---for ninety(90)calendar days after City awards the Contract for Nine Project, or(b)attempt to withdraw its Bid 4m the requirements of Caifomia Public Contract Code§5101 et seq., or any successor legislation,are not met;or(2)Ciy awards Principal the Contract in response to Principal's Bid,and*Min the time and manner specified by the Specification or Contract Documents or--if no period is specified—within fourteen(14)calendar days after the Contract's award, Pnccio(a)signs and delivers b City the Contract,in acoordance with the Bid as accepted,(b)furnishes the required hands for not only Principal's faithful performance and proper fi.Jfillinent of the Contrac,but also Prfricipal's payment for labor and materials used in the Proect, and (c)furnishes the required insurance then this obligation becomes null' and void, OthervAse,this Bond remains in full face and effect,and the foioviing terms and conditions apply to this Bonj: '. Sways obligations under this Bond are separate,independent from,and nolconfirgent upon any other surety's guaranteeing that upon City's awarding the Contract to Principal,the Principal wo enter into the Contract with City. 2. No rght of action accrues on this Bond to any entity other than City or its successors and assigns. 3 It an action attar+a in eqLrty is necessary to enforce or intatpret this Bond's terms,Surety must pay—in addition to the Bonded Suer-Crays reasonable attorneys'fees and liigation costs,in an amount the court fixes. 4. Surety shall mat City written notice at least 30 days before:(a)the effective date on which the Surety will cancel,terminate,or wirdhdr3vr from this Bend:or tbt this Bond becomes void or unenforceable for any reason Pac,-y 36 of ;?3 On the date set forth below,Principal and Surety duty executed this Bond,with the name of each party appearing below and signed by h representative(s)under the authority of Is gam*g body Date: March 2.2016 PPJNCIPAL. SURETY: Nobest Incorporated tMar-Jhanls J3ondin_q Ca arr Muttwj. By: Arturo Ayala (N (Flame) Its: P Jk�E31?>F+ -r7`— . . Its: -AtttoMgy_in_Fact (Tile) {Title; Address for Serving Notices or Oher Cecummis: Address for Serviig Notices or tither Documents: 1600 Acacia Ave. 6700 Westown Parkway Garden Grove. CA 92841 West Des Moines.lA 50266 crnRCFFATFSM CORPORATE,SEAL EVIDENCE MUST SE A MCWD OF THE AUTIiO Y O F ANY PERSON SIGWNG AS ATTW EY-W-FACT, THEATTt7RNEY41MACTS&GNATUREWSTSENOTAFUED A CORPORATF SEAL MUST BE IMIFT ESSED(W T!•NS,F:OW WEN THE PfdNaPk OR THE SURETY, (]R BOTK AREA CORPOR47M PFQe 37 of: 113 TRAINING AND ORIENTATION a. Do you conduct safety orientation training for each employee? Yes v Do you conduct site safely orientation for evc-ry <PJo person new to the job site? c Does your safety prograrr*equine sa"Irafning meetings? No gar each superrJ, [ (fomman and at-ove)? I r)w o4erl Weekly ❑Llor,Mly ❑Annually ❑other d. Do you hold tool box/tailgate safety meetings focused on your spedfc work operatiorslexposures? No How often? Q'41�eekty ❑Daily ❑Other e. Do you require equipment operation/certification training � a - ADMINISTRATION AND PROCEDURES a. Does your written safety program address administrative procedures? "es No F'yes, !';�apply, projec'Iwk planning _ - �=ncy pmce�,res �d keepLng � .nspe';Norrs ate corrnrrittees dent invest ti0n reporting GJaN aliniing documenlMico lance aL e prevention �rdous work perrras RelurrHo-wk _Subcontr to pregl,dlffication b. Do you`+ave project safety commitlees? (:i;ao c. Do you conduct job site safety inspections? Yes No how often? !]a!y ❑Weeldy ❑",lonthly ❑01wr. _ Do these inspections includes a routine safety inspection of equipr%ni(e.g.,scaffold, ladders,fire extinguishers,etc.)? to d. Do yo,investigate accidents? Yes No How are the ported^ 21 otal company ❑By superintendent ❑By Project ❑By project manager ❑By foreman E}It-accorda-tce with OSHA e. Do you discuss safety at a preconstruction and progress meetings? ('�' y No PagE 50 of 17' f Do you perform rigging and�checks prior to lifting No For personnel DForequipirnent ❑Hea,,y lifts(more than 10,0001bs.) 5 WORK RULES � a. Do you periodically update work rules? I�CeS�f ro When was the last update? ,T-AAJ ' b. Wha' are addressed by your work rules? rst aid ❑Access—entranceslslairs D-Sarricades,signs. respiratory protection and signals ❑Blasting Ong handli4storage [- rnmurycat[or+s emporary heat E],C4rnpressed air and gases 3§ cle safety L=1 Concrete work c coftol ©Confined-space entry —tti visitor wrung raaeslriniing and hoisting in run ❑Dect fA grounding gupment guards and grounding [ nvxrnrre-!t=i controls and ❑Morlloring equipment Occupational health El ergency procedures ❑Flamm"material handlkjlstorage Q Fire protection and prevenl'x to sal: fn ❑Floor and wall openings ' T hing and excavating ❑Fall protection M lrocPOUI+TWt aWousekeeping [ nergizedlpressurized equipment ❑Ladders ar:d scaffolds �7 ianical equipment) �e sonal protective equipment mairitenance/pre•op checks/ ❑'Tools,power and Band operation [Electrical power lines ❑Welding and cutting(hot work) ❑Other OSHA INSPECTIONS a.Have you been inspected by OSHA in the last three years? yi; a b.Were these inspections in response to complaints? Yes e� c. Have you been cited as a result of these inspections? Y s If yes,describe the citalbns(add additional sheets if necessary) Page 51 of 173 DESIGNATION OF SUBCONTRACTORS NAME OF BIDDER: NO�ey� Tnc. 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 construdion of the Worts or imp-ovement,or a Subcontractor licensed in the State of Carrforr.?a who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Drawings and Specifications, in an amount in excess of one-half of one percent of the Contractor's Base Bkl Amount. Each Subcontractor must have an active and current license,and al 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 wil,perform 3. Location(address)of Subcontractors place of business; 4 Subcontractors iicerse number;and any specialty licenses;and 5. Dolfar value of the Work that the Subcontractor wilt perform. Subletting or subcontracting of any portion of the Work in excess of one-half of one percent of the Contractors 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 orgy after a finding reduced to writing as a public record of the City setting forth the facts constituting the emergency or necessity. if the Contractor violates any of the above provisions the Contractor may be in breach of this Contract and the City may exercise the option,in its own discretion,to(1)cancer this Contract,or(2)assess the Contractor a penally in an amount not more than ten percent(10%)of the amount of the subcontract involved,and this penalty shall be deposited in the fund out of which the prime Contract is awarded. If the Contractor fails to specify a Subcontractor, or if the Contractor specifies more than one Subcontractor for the same trade of 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 himseHlherseff, and that helshe shall perform that Work himself/herself, If after award of Contract,the Contractor subcontracts any such Work,the Contractor wil be subject to the statutory penalties. DESIGNATION OF SUBCONTRACTORS FORM IS ON THE FOLLOWING PAGE Pace 52 of 173 Please type or legibly pial(attach additicnat sheets as rrzcessary). Pudic WottS Name of Subcontractor Email Contact Tndde and rype Business Location License Contractor polar(3)Value tnfomration of Work tc be Number Registration t }_ Pwfonr ed I Number Cad af-�((r OR III LL 1�Mt 21u►�,1 �aMr ._ r�ce � CGR6iu!} ZL I OCOCC I t 177. ?age 53 of 173 The Contractor shall rot: A. Substitute any persor as Subcontractor in place of the Subcontractor listed in N original Bid,except that the City may consent to the substitution of another person as Subcontractor in any of the following situations: When the Subcontractor listed in the Bid,after having had a reasonable opportunity to do so,fails or refuses to execute a written contract for the scope of Work specified in the Subcontractors bid and at the price specified in the Subcontractor's bid,when that written contract,based upon the general terms, conditions, Drawings and Specifications for the Project or the terms of Contractor's written Bid,is presented to the Subcontractor by the Contractor, 2. When the listed Subcontractor becomes insolvent or the subject of an order for relief in bankruptcy: 3. When the listed Subcontractor fails or refuses to perform hisher subcontract; 4. When the listed Subcontractor fails or refuses to meet the bond requirements of the Contractor as set forth in Public Contract Code Section 4108; When the Contractor demonstrates to the City that the name of the Subcontractor was listed as the result of an inadvertent clerical error; 6. When the listed Subcontractor is not licensed pursuant to the Contractors License Law, 7. When the City determines that the Work performed by the listed Subcontractor is substantially unsatisfactory and not in substantial accordance with the Drawings and Specifications, or that the Subcontractor is substantially delaying or disrupting the progress of the Work; 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 When the City determines that the listed Subcontractor is not a responsible contractor. B. Permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original Subcontractor fisted in fhe original Bid,without the consent of the City. C Other than in the performance of 'change orders" causing changes or deviations from the original Contract, sublet or subcontract ary portion of!he Work in excess of one-half of one percent of the Contractor's Base Bid Amount as to which histher original Bid did not designate a Subcontractor. Prior to approval of the Contractor's request for a Subcontractor substitution,the City shall give notice in writing to the listed Subcontractor of the Contractors request to substitute and of the reason for the request. The notice will be served by certified or registered mail to the last known address of the Subcontractor. The listed Subcontractor who has been so notified shall have five (5)Working Days within which to transmit to the City wdlten objections to the subst;tution. Failure to file these written objections shall constitute the listed Subcontractor's consent to the substtutior, If written objections are filed, the City shall give notice in writing of at least fve (5) Working Days to the listed Subcontractor of a hearing by the City on the Contractor's request for substtukr. The Cortractor, as a condition to asserting a claim of inadvertent clarical error in the listing of a Subcontractor,shall within two(2)Working Days after the time of the Bid Deadline,give written notice to the City and copies of such notice to both the Subcontractor heishe claims to have lisled in error and the intended Subcontractor who had bid to the Contractor prior to the Bid Deadline Page 54 of 173 QUESTIONNAIRE REGARDING SUBCONTRACTORS Bidder shall answer the following questions and submit with hwher Contracl proposal. 1. Were bid depository or registry services used in obtaining subcontractors bid figures in order to compute your bid? Yes❑ No 2. It the answer to No. 1 is"Yes",please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors'kids other than bid depositories? YiZ5 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 d shories? Yes❑ No[ 5. If the answer to No.4 is 'Yes",please explain the following details: (a) Date: (b) Name of person or group (c) ,lob involved(if applicable): (d) Nature of the threats: (e) Additional comments: (Use addlional paper if necessary) 6 Was a conscious effort made to recruit or provide equal opportunity r b+ds by minority or project area subcontractors? Yes No❑ 7. Was a conscious effort made to recruit and hire project area lowerincome residents? Yes FT— No❑ Please submit statement. 8 We declare under penalty of perjury that the foregoing is true and correct. Dated this S day of M 4 R,:t-4 zq_�&, All of the above statements as to experience,financial qualifications,and available plant and equipment are submitted in conjunction with the proposal,as a part thereof,and the truthfulness and accuracy of the information is gUari;rtu j by the bidder. Name of Company By, T`41e: wry Page 55 of 173 CONTRACTOR'S AFFIDAVIT OF NON-COLLUSION STATE OF CALIFORNIA ) COUNTY OF +?tlltl 1�' dg being first duly sworn,deposes and says: t. That he/she is the t •_ {Title of office I a corporation,'sole owner,''Partner,' or other proper titlelof (hereinaflercaNed'Contractor') who has submitted to the Oily of Vernon a Bid for the construction of the PCC and Asphaft Pavement Recorstruction for Fire Stations 76 and 78 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 discciosed: 4, That Contractor did not, directly or indirectly induce, solicit, agree, collude, cone or contrive with anyone else to submit a false or sham bid,to refrain from bidding,or withdraw his/her bid,to raise or fix the Bid price of Contractor or of anyone else,or to wise 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 pre,udicial to the interests of the City of Vernon,or of any other Bidder,or anyone else interested in the proposed Contract; That the Contractor has not in any manner sough)by coilusion 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: 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; lit pl (11 M NI IR 11! 111 Page 56 of 173 7. That the Contractor did not, directfy or indirectly, submit the Contractors Bid price or any breakdown thereof, or the contents thereof, or divulge informalion or data relative thereto, to any corporation, partnership,company,association organization,bid depository,or to any member or agent thereof,or to any individual or group of individuals, except to the City of Vernon,or to any person or persons who have partner"or other financial interest with said Contractor in hislher business. I declare under penalty of perjury under the laws of the Stale of California that the foregoing is true and correct. Daled this �L— day of M-44CeC Ci Aianth(Year —_� ":y State file 6�St �n C - Contractor (Please Print) CON r5 Signa Title CONTRACTOR'S SIGNATURE MIST BE NO'ARIZED Page 51 of 173 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the indMdlual who signed the document to which this certificate is attached,and not the trutflfulness,accuracy,or valiaity of that document. State of California County of Orange On—5-8—18 before me, Kay E. Anderson/Notary Public Date Here Insert Name and Title of the Officer personally appeared ._Larry Nodland Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person{ whose names}'is/rd subscribed to the within instrument and acknowledged to me that he/sWtW r executed the same In his/tlet7tWr authorized capacity(K,and that by hislhorfipefF signatureoron the instrument the persons' or the entity upon behalf of which the personWacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS mi b and and -via Sv� [q�rana5�•.a��pit it CemRy.t< es r�1 S.$q21 Signature _ _ ST re Or Notary Pubiic 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: Document Data: _. _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Larry Nodland Signer's Name: ?�Corporate Officer — Title(s): President Corporate Officer — T-rtle(s): _ Partner -- ID Limited =General Partner - Limited General Indivioual Attorney in Fact = Individual Attorney in Fact Trustee ^Guardian or Conservator Trustee -Guardian or Conservator Other = Other: Signer Is Representing: Signer Is Representing: _ �,.�. �:.�r.�� :�sc �x.�•� � �xx�-�=xx.�.u*�#�r -vita+ 02018 National Notary Association•www.Natio,4-*iotary.org • 1-800-US NOTARY(1-800-876-5827) Item+#5907 THE BIDDER'S INSURANCE COMPANY(S)OR INSURANCE AGENT MUST COMPLETE THS FORM AND THE BIDDER MUST SUBMIT THIS CERTIFICATION WITH THE 80 FORMS I.the undersigned(Please check one box) i underwriter y pgenl,oar*thg t and the Contractor listed below have P*reviewed the'lnsurance Requremelds'in theme Bidding Dorxr wis and the Contract Documents. If the City of Vemon CCtty')awards the Conrad"the Contract for ftrta proWL I III be able—w"i xrwn(14)calendar days after The Contractor Is notified of the Contracos ar#W-4o konish the City with valid insurance loans(including one or more insurance certificates and additional insured endorsements)that fully meel al of the inswance Requirements. Name of Insurance Company Dart Ca41 aril pe- Mg*fix a _ Insurance Agem's Name(?r j�t d) Wrrt's Name (signature) ' ,max' tic Address CRtr Siale Zip Code Telephone Number FAX Runbe r Email A(Q,ess { . C-0 fy\ . Can raft s NamC Car Spedkr Win Nmmt Below Stare the Name of)nsurance Company Providing Coverage: DO NOT write Will Provide.'"To Be Determined,''When Required,'or similar phrases. U -lei t< e(t- G-Cj tY Commercial Cierieral Liatfq ktcrnob*a L"y �. �.. Workers'ComWsakm Liability CVIr W+II.Fyrc_m P01--y-i1 Tn& _ ._ Butlers 1�54 Pell-.A'ior,Uabibly (NOTE TO CONTRACTOR: See Insurance RegUrarnents'EXHIBIT 4 of the Contract for the requirement of obtaining Pollution Liatalilty Insurance.) NOTE TO THE UNDERWRITER 1 AGENT: ff the insurance torm9 that the Contractor submits to the City do not fully cDn4*with the lnsxance Requirements.ardor W the Contractor fail to submit the form wk*the 14-day ime unit. the City rosy:(I)declare the Contractors Bid no"esponsive.and(2)award the Corxracl to the next lowest responsible Bidder. Page 58 of 173 LIVING WAGE COMPLIANCE CERTIFICATION This contract is subject to the City of Vernon's Living Wage Ordinance, Vernon Municipal Code Chapter 2, Article XVIII ("Ordinance'). The Ordinance requires that service contractors providing labor or services to the City by contract in excess of$25,000: Pay no less thar ten dollars and thirty cents($10.30)per hour with medical benefits,or eleven dollars and fifty-five cents($11.55)per hour without medical benefits to all employees,as defined in the Ordinance who,at any time, provide labor or delivery services to the City of Vernon. Additionally, on July 1st of each year thereafter the Living Wage rate shall be adjusted by die 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 4 32 of the Internal Revenue Code of 1954, 25 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 cmllecUve bargaining agreement, but only if the waiver is explicitly set forth it dear and unambiguous terms. If this provision applies, you must provide a copy of the collective bargaining agreement to the City. I do hereby ceMfy and declare under penalty of penury that if awarded the contract for which this bid/proposal is made. Sl— will comply with the (Name of Company) requirements of the Vernon Living Wage Ordinance,Verrion Municipal Code Chapter 2 Article XVIII and the rules and regulations promulgated thereunder. I understand that failure to comply with the provisions of the Vernon Living Wage Ordinance may result in termination of the contract as well as other penalties as stated in Vernon Municipal Code Chapter 2 Article XVIII. (Name) (Tale {Signature) -- (Date) Please return this fonn with your bid/proposal. iuti.rr_ concerning the Living Wage Ordinance should be directed to the Department of Finance—Purchasing Division 323.583.8911. Page 59 of 173 CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 Fax (323) 826-1435 Internet: www.c"r_tyofvernon.org Article I. Affidavit of Equal Opportunity Employment& Non-segregation(Form AA-1) Article H. Vendor List Questionnaire (Forms AA-2 &3) In order to be placed to the City's vendor list and be eligible to receive City business, you must provide the following information except where indicated as"optional." By submitting this form you are declaring under penalty of perjury under the laws of the State of California and the laws of the United States that the information is true and correct. Furthermore, you are certifying that your firm will adhere to equal opportunity employment practices to assure that applicants and employees are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your firm does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. Name of Company: . Business Telephone: ?y $ 7 Z s S"S`j Fax Numb: 11 — !j g (optional) Address: —76n0 AcgG1-A POu&, City: ' J �° State: C4 Zip 'TO Contact Person � 7A E-mall Address N' � �_ � �!� renal Tax ID Number(or Social Security Number) - + Remit Address (if different) Please state clearly and concisely-the type(s) of goods and services your company prov-des: The following section is OPTIONAL and is for statistical reporting purposes only. Ownership (please check all that apply): African-American Asian Armenian Hispanic Native American Disabled Female Page 60 of 173 I Pooled:W«#arce ULhzatlon(Form AA-n form is to be included in all bid documents for pro)ects lnvoMrg labor or ser was valued at$25,000 or more. Instnrtbons: Please indcatie the iob tldes/dassIfimAons to be used in the perfornanae of this conVar*sr*M it be awarded to your firm. Please Ird cat+e the 7Er of en- ---�F li pl,t:k�s!Ika urt 3s weA as:: ber d rwor direr,If ark,a5 d r£SLrlt pf S imr-JWL ntame of Company: I , r.G. ProF r t 51 .� � .=V:.o+ 554, f v tS -71, 79 IOU TldesjClas Esdmated number of existing staff to be employed in Esbmated number of new hires to be employed in this dassifKzbon If awarded the contract this dasslfimtlon if awarded the mnhact I O� i O J Are any current employees or potential new hires Verrion re Wer[t57 If so,how many? p Page 63 of 1'13 {xmrA Pemwneru V:orktorcr UTjk owe irn*n 0-3`. Nam of Company: Ob� rt: 'PCr- aA-+al EwhaN:k� a,A- ,Vrrc, stoi le-WI 7o a''A -18 'rris Fvm .4 OPTIMALm on Any information supplied try vendors Is for r porting purposes and will not be factored into the award o`any conbzd. Instructions: Please indicate the number of employees In each Job Classlficatlon belonging W the following groups. White African-American Hispanic Asian/Padfic Native Amwnaari Mal;2 Female (riot of Hispanic (not of Hispanic Islander American origin) origin) CLASSIFICATION Officals/ �- Managers Z -p— Professionals 2 —p �� p , �ca— 2— —o Technicians Office/Clerical Skilled Craft Workers Operators (semi-skilled) 2^ p o_ —0— .- La borers 2 a.f Service Workers —p — - o�- --�— v— 0— — ` — ,MrAu r i