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20240416 Regular City Council Meeting - PacketRegular City Council Meeting Agenda April 16, 2024 Page 1 of 5 Agenda City of Vernon Regular City Council Meeting Tuesday, April 16, 2024, 9:00 AM City Hall, Council Chamber 4305 Santa Fe Avenue, Vernon, California Crystal Larios, Mayor Judith Merlo, Mayor Pro Tem Melissa Ybarra, Council Member Leticia Lopez, Council Member Jesus Rivera, Council Member The public is encouraged to view the agenda and meeting at CityofVernon.org/publicmeetings. You may address the Council in the Council Chambers, via mail or email to PublicComment@cityofvernon.org, include the meeting date and item number in the subject line (mail and/or email must be received at least two hours prior to the start of the meeting). CALL TO ORDER FLAG SALUTE ROLL CALL APPROVAL OF 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 HEARINGS 1. Amendments to Vernon Municipal Code Sections 17.56.060 and 17.57.020 pertaining to Automobile Parking and Truck Loading Recommendation: A. Find that proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; Regular City Council Meeting Agenda April 16, 2024 Page 2 of 5 B. Introduce and conduct first reading of Ordinance No. 1300 amending Tables 17.56.060(B) and 17.56.060(C) in Section 17.56.060 and Table 17.57.020(B) in Section 17.57.020 of the Vernon Municipal Code regarding standards and requirements for automobile parking and truck loading for Data Centers; and C. Direct staff to schedule second reading and adoption of Ordinance No. 1300 at the next scheduled City Council meeting. CONSENT CALENDAR All matters listed on the Consent Calendar are to be approved with one motion. Items may be removed from the Consent Calendar for individual consideration. Removed items will be considered immediately following the Consent Calendar. 2. Meeting Minutes Recommendation: Approve the April 2, 2024 Regular City Council Meeting Minutes. 3. Claims Against the City Recommendation: Receive and file the claim submitted by Kevin Yee. 4. Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 128, for the period of March 3 through March 16, 2024, totaling $9,717,202.88 and consisting of ratification of electronic payments totaling $9,235,499.76 and ratification of the issuance of early checks totaling $481,703.12. 5. Fire Department Activity Report Recommendation: Receive and file the February 2024 Fire Department Activity Report. 6. City of Vernon National Pollution Discharge Elimination System (NPDES) Permit Duly Authorized Representatives Recommendation: A. Adopt Resolution No. 2024-05 repealing Resolution No. 2014-06 related to the NPDES Permit Authorized Representatives; and B. Authorize the Director of Public Works, Director of Health and Environmental Control and the General Manager of Vernon Public Utilities as duly authorized representatives, to sign, certify, and electronically submit permit registration documents, notices of termination, and any other documents, reports, or information required by the NPDES permit. 7. Arbor Day Proclamation and Application for Tree City USA 2024 Recommendation: A. Proclaim April 26, 2024 as Arbor Day in the City of Vernon; B. Authorize the Public Works Department to apply to the Arbor Day Foundation for Tree City USA 2024 certification; and C. Authorize the Mayor to sign the 2024 Tree City USA Application for Certification when it becomes available. Regular City Council Meeting Agenda April 16, 2024 Page 3 of 5 8. Contract with Bear Electrical Solutions, Inc. for Citywide Traffic Signal Maintenance and Repair FY 2024 Project - Contract No. 20240283 Recommendation: A. Find that the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15301, because the project consists of the maintenance, repair or minor alteration of existing traffic signals and involves negligible or no expansion of an existing use; B. Accept the bid from Bear Electrical Solutions, Inc. (Bear Electrical) as the lowest responsive and responsible bidder, and reject all other bids; C. Approve and authorize the City Administrator to execute a contract with Bear Electrical in substantially the same form as submitted, for the Citywide Traffic Signal Maintenance and Repair FY 2024 Project, in an amount not-to-exceed $200,000 per year for a total of $600,000 over the three-year term of Contract No. 20240283; and D. Authorize a contingency of ten percent (10%) or $60,000 in the event of an unexpected changed condition or additional extraordinary maintenance and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount, if necessary. 9. Notice of Completion for Contract No. 20240122 Gifford Avenue, 48th, 49th, & 50th Street Recommendation: A. Find that the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15301, because the project consists of the maintenance, repair or minor alteration of existing streets and involves negligible or no expansion of an existing use; B. Accept the work of Hardy & Harper, Inc. as related to City Contract No. 20240122; and C. Authorize the Director of Public Works to execute and submit the Notice of Completion for the project to the Los Angeles County Recorder’s Office. 10. Letter Agreement with Southern California Edison Company Recommendation: A. Find that the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, because the work being approved by this Letter Agreement (Phase 1) consists of engineering and materials procurement 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. Upon completion of Phase 1, a separate Letter Agreement will be presented to City Council for the construction portion of this project (Phase 2); B. Approve and authorize the City Administrator to execute a Letter Agreement with Southern California Edison Company (SCE), in substantially the same form as submitted, for SCE to perform required engineering and procurement work related to Interconnection Facilities, Distribution Upgrades, and Network Upgrades, in an amount not-to-exceed $14,024,895; and C. Authorize a contingency amount of five percent (5%) or $701,245 for unforeseen changes in fees or other expenses not included in the proposal, and grant authority to the City Administrator to issue change orders for an amount up to the contingency amount, if necessary. Regular City Council Meeting Agenda April 16, 2024 Page 4 of 5 11. Services Agreement with Renne Public Policy Group for Legislative and Regulatory Advocacy Recommendation: Approve and authorize the City Administrator to execute a Professional Services Agreement with Renne Public Policy Group (RPPG), in substantially the same form as submitted, for legislative and regulatory advocacy services for a total amount not-to-exceed $447,000 for a three-year term. ORAL REPORTS 12. City Administrator Reports on Activities and Other Announcements 13. Council Reports on Activities (including AB 1234), Announcements, or Directives to Staff CLOSED SESSION 14. Conference with Legal Counsel – Anticipated Litigation Government Code Section 54956.9(d)(2) Significant exposure to litigation (1 potential matter) CLOSED SESSION REPORT ADJOURNMENT On April 11, 2024, the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours and Special meeting agendas may be amended up to 24 hours in advance of the meeting. Regular City Council Meeting Agenda April 16, 2024 Page 5 of 5 Guide to City Council Proceedings Meetings of the City Council are held the first and third Tuesday of each month at 9:00 a.m. and are conducted in accordance with Rosenberg's Rules of Order (Vernon Municipal Code Section 2.04.020). Copies of all agenda items and back-up materials are available for review in the City Clerk Department, Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California, and are available for public inspection during regular business hours, Monday through Thursday, 7:00 a.m. to 5:30 p.m. Agenda reports may be reviewed on the City's website at www.cityofvernon.org or copies may be purchased for $0.10 per page. Disability-related services are available to enable persons with a disability to participate in this meeting, consistent with the Americans with Disabilities Act (ADA). In compliance with ADA, if you need special assistance, please contact the City Clerk department at CityClerk@cityofvernon.org or (323) 583-8811 at least 48 hours prior to the meeting to assure arrangements can be made. The Public Comment portion of the agenda is for members of the public to present items, which are not listed on the agenda but are within the subject matter jurisdiction of the City Council. The City Council cannot take action on any item that is not on the agenda but matters raised under Public Comment may be referred to staff or scheduled on a future agenda. Comments are limited to three minutes per speaker unless a different time limit is announced. Speaker slips are available at the entrance to the Council Chamber. Public Hearings are legally noticed hearings. For hearings involving zoning matters, the applicant and appellant will be given 15 minutes to present their position to the City Council. Time may be set aside for rebuttal. All other testimony shall follow the rules as set for under Public Comment. If you challenge any City action in court, you may be limited to raising only those issues you or someone else raised during the public hearing, or in written correspondence delivered to the City Clerk at or prior to the public hearing. Consent Calendar items may be approved by a single motion. If a Council Member or the public wishes to discuss an item, it may be removed from the calendar for individual consideration. Council Members may indicate a negative or abstaining vote on any individual item by so declaring prior to the vote on the motion to adopt the Consent Calendar. Items excluded from the Consent Calendar will be taken up following action on the Consent Calendar. Public speakers shall follow the guidelines as set forth under Public Comment. New Business items are matters appearing before the Council for the first time for formal action. Those wishing to address the Council on New Business items shall follow the guidelines for Public Comment. Closed Session allows the Council to discuss specific matters pursuant to the Brown Act, Government Code Section 54956.9. Based on the advice of the City Attorney, discussion of these matters in open session would prejudice the position of the City. Following Closed Session, the City Attorney will provide an oral report on any reportable matters discussed and actions taken. At the conclusion of Closed Session, the Council may continue any item listed on the Closed Session agenda to the Open Session agenda for discussion or to take formal action as it deems appropriate. City Council Agenda Report Meeting Date:April 16, 2024 From:Daniel S. Wall, P.E., Director of Public Works Department:Public Works Submitted by:Sergio Canales, Assistant Planner Subject Amendments to Vernon Municipal Code Sections 17.56.060 and 17.57.020 pertaining to Automobile Parking and Truck Loading Recommendation A. Find that proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; B. Introduce and conduct first reading of Ordinance No. 1300 amending Tables 17.56.060(B) and 17.56.060(C) in Section 17.56.060 and Table 17.57.020(B) in Section 17.57.020 of the Vernon Municipal Code regarding standards and requirements for automobile parking and truck loading for Data Centers; and C. Direct staff to schedule second reading and adoption of Ordinance No. 1300 at the next scheduled City Council meeting. Background The development standards for the Industrial Zone in Vernon Municipal Code (VMC) Sections 17.56.060 and 17.57.020 require that new development and buildings comply with minimum automobile parking, and truck loading. This requirement was established to provide adequate off- street parking and loading areas to accommodate people normally transacting business at the building. The last comprehensive update of the City's zoning code occurred in 2008. Design standards for data centers were included in that update and while these standards have not been modified, the design of data centers has undergone a dramatic transformation. The data centers imagined by the zoning code were warehouse buildings that contained computers. The existing zoning code requirements have not been updated to reflect the current size and modernization of data centers. Modern data centers have very limited need for automobile parking as the structure’s purpose is to house server and networking infrastructure. On-site staff requirements at these properties are very low. In addition, modern data centers have low loading and unloading requirements, necessitating less truck traffic, and maneuvering. Modern data centers do not contribute to traffic, create odors, dust, or noise. Modern data centers are large and steady users of electricity and provide sales tax revenues when computer equipment is installed and periodically replaced. Staff recommends that the minimum automobile parking and truck loading requirements for data centers be amended. The proposed changes to Tables 17.56.060(B) and 17.56.060(C), and Table 17.57.020(B) are shown below in red: Table 17.56.060(B) Minimum Number of Required Automobile Parking Spaces. . Item 1 Page 1 of 2 Use Type Required Spaces Data Center 1 space per 1,250 sq. ft. of gross floor area. 1 space per 7,500 sq. ft. of gross floor area. For new building construction, 6% of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Table 17.56.060(C) Minimum Number of Required Truck Loading Spaces Use Type Required Spaces Data Center 1 space per 50,000 sq. ft. of gross floor area. 1 space per data center. Table 17.57.020(B) Use Type Required Spaces Data Center 1.0/KSF1.0/7.5 KSF With the proposed amendments, the City anticipates that it will have the flexibility to accommodate a broader range of development and expansion projects which, ultimately, will positively contribute to the fiscal health and vitality of the City. Fiscal Impact There is no fiscal impact associated with this report. Attachments 1. Ordinance No. 1300 2. Notice of Public Hearing . . Item 1 Page 2 of 2 ORDINANCE NO. 1300 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING TABLES 17.56.060(B) AND 17.56.060(C) IN SECTION 17.56.060 AND TABLE 17.57.020(B) IN SECTION 17.57.020 OF THE VERNON MUNICIPAL CODE REGARDING STANDARDS AND REQUIREMENTS FOR AUTOMOBILE PARKING AND TRUCK LOADING SECTION 1. Recitals. A. The City of Vernon (City) is a municipal corporation and a chartered city of the State of California organized and existing under its charter and the Constitution of the State of California. B. Vernon Municipal Code Title 17 – Zoning (Zoning Code), establishes zoning regulations and provisions in the City and designates, regulates, and restricts various matters of zoning and land use. C. The City Council desires to amend the Vernon Municipal Code regarding standards and requirements for automobile parking and truck loading for data centers. D. This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council hereby finds that the proposed action is exempt from CEQA review because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 2. The City Council of the City of Vernon finds and determines that the above recitals are true and correct and are a substantial part of this ordinance. SECTION 3. Table 17.56.060(B) in Section 17.56.060 of the Vernon Municipal Code is hereby amended to read as follows: Table 17.56.060(B) Minimum Number of Required Automobile Parking Spaces1 Use Type Required Spaces Industrial Use, Industrial Gas Manufacturing, and Recycling Facility (including 1 space per 1,000 sq. ft. of gross floor area. For new building construction, 6% of required parking spaces, rounded up to the nearest whole number, shall . . Item 1 Page 1 of 6 Ordinance No. 1300 Page 2 of 6 _______________________ Table 17.56.060(B) Minimum Number of Required Automobile Parking Spaces1 Use Type Required Spaces floor area used for ancillary uses) be equipped with a Level 2 or higher electric vehicle (EV) charger. Commercial Uses 1 space per 250 sq. ft. of gross floor area. For new building construction, 6% of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Incidental Uses 1 space per 250 sq. ft. of floor area of incidental use. For new building construction, 6% of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Data Centers 1 space per 7,500 sq. ft. of gross floor area. For new building construction, 6% of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Emergency Shelter 1 space for each 5 beds plus 2 additional spaces. For new building construction, 6% of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Health Clubs (gyms) 1 space per 200 sq. ft. of gross floor area. For new building construction, 6% of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Religious Uses 1 space for each 3 fixed seats, or where no fixed seats are provided, 1 space for every 35 gross sq. ft. of gross floor area. For new building construction, 6% of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Residential Uses Parking determined pursuant to Development Agreement, but no less than 1 space for each unit. For new building construction, 6% of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Restaurant (take out) 8 spaces per 1,000 sq. ft. of gross floor area. For new building construction, 6% of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. . . Item 1 Page 2 of 6 Ordinance No. 1300 Page 3 of 6 _______________________ Table 17.56.060(B) Minimum Number of Required Automobile Parking Spaces1 Use Type Required Spaces Restaurant (sit down) 1 space per 100 sq. ft. of gross floor area. For new building construction, 6% of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Retail (less than 25,000 sq. ft.) and Multiple Tenant Retail 1 space per 250 sq. ft. of gross floor area. For new building construction, 6% of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Retail (25,000 sq. ft. or greater) - Single Tenant Only 1 space per 250 sq. ft. for the first 25,000 sq. ft. of gross floor area and then 1 space per each additional 500 sq. ft. of gross floor area For new building construction, 6% of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Studios (dance, etc.) 1 space per 200 sq. ft. of gross floor area. For new building construction, 6% of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Trade Schools 1 space per 50 sq. ft. of gross floor area. For new building construction, 6% of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Truck Terminals and Freight Terminals Parking shall be provided as determined by a parking study prepared for the specific use. For new building construction, 6% of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Warehouse Use, General 1 space per 1,000 sq. ft. of gross floor area. For new building construction, 6% of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. Warehouse Use, Cold Storage 1 space per 1,000 sq. ft. of gross floor area for the first 50,000 sq. ft., and 1 space per 5,000 sq. ft. of gross floor area above 50,000 sq. ft. For new building construction, 6% of required parking spaces, rounded up to the nearest whole number, shall be equipped with a Level 2 or higher EV charger. . . Item 1 Page 3 of 6 Ordinance No. 1300 Page 4 of 6 _______________________ SECTION 4. Table 17.56.060(C) in Section 17.56.060 of the Vernon Municipal Code is hereby amended to read as follows: Table 17.56.060(C) Minimum Required Truck Loading Spaces Use Type Required Spaces Industrial Use, Warehouse Use, Industrial Gas Manufacturing (including floor area used for ancillary and incidental uses) 1 space per 10,000 sq. ft. of gross floor area Cold Storage Warehouses 1 space per 7,500 sq. ft. of gross floor area Data Centers 1 space per data center Commercial Use and Retail Use Loading shall be provided as determined by a parking study prepared for the specific use SECTION 5. Table 17.57.020(B) in Section 17.57.020 of the Vernon Municipal Code is hereby amended to read as follows: Table 17.57.020(B) Spaces Required for Retail, Industrial, and Institutional Uses Land Use Spaces Required Primarily Retail Uses Goods Sales 1.7 / KSF Production Retail 0.7 / KSF Restaurant 5.0 / KSF Market 1.9 / KSF Art Galleries 0.7 / KSF Nightlife 5.0 / KSF Personal Services 3.0 / KSF Big Box Retail Parking study required Drive-Through Retail Requirement of underlying use Adult or Sexually Oriented Businesses 5.0 / KSF Primarily Production / Industrial Uses Artisan Industrial 0.7 / KSF . . Item 1 Page 4 of 6 Ordinance No. 1300 Page 5 of 6 _______________________ Table 17.57.020(B) Spaces Required for Retail, Industrial, and Institutional Uses Land Use Spaces Required Light Industrial 0.6 / KSF Data Centers 1.0/7.5 KSF Primarily Civic / Institutional Uses Community Facilities 1.0 / KSF Trade School 0.3 per anticipated student Religious Use 0.2 per seat or 5.0 / KSF, whichever is less SECTION 6. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this ordinance. SECTION 7. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this ordinance are declared to be severable. SECTION 8. The Deputy City Clerk shall certify the adoption and publish this ordinance as required by law. / / / / / / / / / / / / . . Item 1 Page 5 of 6 Ordinance No. 1300 Page 6 of 6 _______________________ SECTION 9. This ordinance shall become effective after the thirtieth day following its adoption. APPROVED AND ADOPTED _________________, 2024. CRYSTAL LARIOS, Mayor ATTEST: Yonnie Parker, Deputy City Clerk (seal) APPROVED AS TO FORM: ZAYNAH N. MOUSSA, City Attorney . . Item 1 Page 6 of 6 NOTICE OF CITY COUNCIL PUBLIC HEARING The City Council of the City of Vernon will conduct a public hearing on April 16, 2024, at 9:00 a.m. (or as soon thereafter as the matter can be heard) which you may attend at Vernon City Hall, City Council Chamber, 4305 Santa Fe Avenue, Vernon, CA 90058 to: CONSIDER INTRODUCTION AND ADOPTION OF AN ORDINANCE AMENDING VERNON MUNICIPAL CODE SECTION 17.56.060 AS IT RELATES TO STANDARDS AND REQUIREMENTS FOR AUTOMOBILE PARKING AND TRUCK LOADING. All relevant documents will be available for public review on the City’s website once the agenda for the meeting is posted or from the City Clerk at CityClerk@cityofvernon.org or (323) 583-8811, ext. 546. All interested persons will be given an opportunity to comment on the above-referenced items during the public hearing. In addition, written comments or questions may be submitted prior to the hearing as set forth below. Written Testimony or questions must be received prior to 9:00 a.m. on the date of the hearing. Please send your comments or questions to: Daniel Wall, Director of Public Works City of Vernon 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811, ext. 305 Email: dwall@cityofvernon.org If you challenge the adoption of said ordinance or any provision thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the meeting, please contact the City Clerk Department at (323) 583-8811, ext. 546 at least 48 hours prior to the meeting to assure arrangements can be made. The hearing may be continued, adjourned, or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Dated: March 27, 2024 Yonnie Parker, Deputy City Clerk Publish: April 4, 2024 . . Item 1 Page 1 of 2 CALIFORNIA NEWSPAPER SERVICE BUREAU PRE# D A I L Y J O U R N A L C O R P O R A T I O N To the right is a copy of the notice you sent to us for publication in the HUNTINGTON PARK BULLETIN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839 Visit us @ www.LegalAdstore.com Yonnie Parker CITY OF VERNON CITY CLERK 4305 SANTA FE AVE VERNON, CA 90058 HRG NOTICE OF HEARING Notice of Public Hearing - Standards and Requirements for Automobile Parking and Truck Loading 04/04/2024 Notice Type: Ad Description COPY OF NOTICE 3798311 !A000006724834! An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF CITY COUNCIL PUBLIC HEARING The City Council of the City of Vernon will conduct a public hearing on April 16,2024,at 9:00 a.m.(or as soon thereafter as the matter can be heard)which you may attend at Vernon City Hall,City Council Chamber,4305 Santa Fe Avenue,Vernon,CA 90058 to: Consider introduction and adoption of an ordinance amending Vernon Municipal Code Section 17.56.060 as it relates to standards and requirements for automobile parking and truck loading. All relevant documents will be available for public review on the City's website once the agenda for the meeting is posted or from the City Clerk at CityClerk@cityofvernon.org or (323)583-8811, ext.546.All interested persons will be given an opportunity to comment on the above-referenced items during the public hearing.In addition, written comments or questions may be submitted prior to the hearing as set forth below.Written Testimony or questions must be received prior to 9:00 a.m.on the date of the hearing. Please send your comments or questions to: Daniel Wall,Director of Public Works City of Vernon 4305 Santa Fe Avenue,Vernon,CA 90058 (323)583-8811,ext.305 Email: dwall@cityofvernon.org If you challenge the adoption of said ordinance or any provision thereof in court,you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at,or prior to,the meeting. In compliance with the Americans with Disabilities Act (ADA),if you need special assistance to participate in the meeting,please contact the City Clerk Department at (323)583-8811,ext.546 at least 48 hours prior to the meeting to assure arrangements can be made. The hearing may be continued,adjourned,or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Dated:March 27,2024 Yonnie Parker,Deputy City Clerk Publish:April 4,2024 4/4/24 PRE-3798311# HUNTINGTON PARK BULLETIN . . Item 1 Page 2 of 2 City Council Agenda Report Meeting Date:April 16, 2024 From:Yonnie Parker, Deputy City Clerk Department:City Clerk Submitted by:Sandra Dolson, Administrative Secretary Subject Meeting Minutes Recommendation Approve the April 2, 2024 Regular City Council Meeting Minutes. Background Staff has prepared and submits the minutes for approval. Fiscal Impact There is no fiscal impact associated with this report. Attachments 1. April 2, 2024 Regular City Council Meeting Minutes . . Item 2 Page 1 of 1 MINUTES VERNON CITY COUNCIL REGULAR MEETING TUESDAY, APRIL 2, 2024 COUNCIL CHAMBER, 4305 SANTA FE AVENUE CALL TO ORDER Mayor Larios called the meeting to order at 9:00 a.m. FLAG SALUTE The Vernon Police Department Honor Guard presented the colors and led the Flag Salute. ROLL CALL PRESENT: Crystal Larios, Mayor Melissa Ybarra, Council Member Jesus Rivera, Council Member ABSENT: Judith Merlo, Mayor Pro Tem Leticia Lopez, Council Member STAFF PRESENT: Angela Kimmey, Deputy City Administrator Zaynah Moussa, City Attorney Yonnie Parker, Deputy City Clerk Jessica Alcaraz, Financial Services Administrator Fredrick Agyin, Health and Environmental Control Director Michael Earl, Human Resources Director Robert Sousa, Police Chief Manny Garcia, Public Works Deputy Director Todd Dusenberry, Public Utilities General Manager Diana Figueroa, City Administration Management Analyst APPROVAL OF THE AGENDA MOTION Council Member Ybarra moved and Council Member Rivera seconded a motion to approve the agenda. The question was called and the motion carried unanimously, Mayor Pro Tem Merlo and Council Member Lopez absent. PUBLIC COMMENT None. . . Item 2 Page 1 of 5 Regular City Council Meeting Minutes Page 2 of 5 April 2, 2024 PRESENTATIONS 1. Swearing-In Ceremony for New Police Officers in the Police Department Deputy City Clerk Parker administered the Oath of Office to Police Officers Kevin Caballero and Rafael Sepulveda. 2. Presentation of the Police Department’s 2023 Police Officer and Employee of the Year Awards Police Department Chief Sousa presented the staff report and Council recognized the 2023 Officer of the Year Award, Police Officer, Teresa Flores and Employee of the Year Award recipient, Police Lead Dispatcher, Cerissa Diaz. 3. Sexual Assault Awareness Month and Denim Day Deputy City Clerk Parker read the proclamation and Council Proclaimed April 2024 as Sexual Assault Awareness Month and April 24, 2024 as Denim Day in the City of Vernon. 4. City Administrator Report Deputy City Administrator Kimmey presented a PowerPoint and provided information on various topics including New Business Welcome, Graffiti Hotline, Vernon Police E-Bike Team, Police Officer Body-Worn Cameras, Well 22 Construction Project, Community Partner Engagement, Business and Community Events. PUBLIC HEARINGS 5. General Fee Schedule for Fiscal Year 2024-25 Financial Services Administrator Alcaraz presented the staff report. Mayor Larios opened the public hearing. There being no other speakers, Mayor Larios closed the public hearing. Financial Services Administrator Alcaraz answered questions related to Los Angeles County Fire Department fees. MOTION Council Member Ybarra moved and Council Member Rivera seconded a motion to adopt Resolution No. 2024-04 authorizing and adopting the General Fee Schedule for Fiscal Year 2024-25. The question was called and the motion carried unanimously, Mayor Pro Tem Merlo and Council Member Lopez absent. . . Item 2 Page 2 of 5 Regular City Council Meeting Minutes Page 3 of 5 April 2, 2024 CONSENT CALENDAR MOTION Council Member Ybarra moved and Council Member Rivera seconded a motion to approve the Consent Calendar. The question was called and the motion carried unanimously, Mayor Pro Tem Merlo and Council Member Lopez absent. The Consent Calendar consisted of the following items: 6. Meeting Minutes Recommendation: Approve the March 19, 2024 Regular City Council Meeting Minutes. 7. Warehouse Development Agreement for 5764 Alcoa Avenue Recommendation: Conduct second reading and adopt Ordinance No. 1299 approving Warehouse Development Agreement No. WH-001 for Assessor Parcel Numbers 6310-005-003, 6310-005-004, 6310-005-009, and 6310-005-010 between the City of Vernon and GPT Vernon Owner, LP. 8. Revised Job Description Recommendation: Approve revised job description for Engineering Aide. 9. Public Works Department Monthly Report Recommendation: Receive and file the February 2024 Building Report. 10. Quarterly City Housing Report Recommendation: Receive and file the 2024 First Quarter City Housing Report. 11. Amendment No. 1 to Services Agreement with Hill Brothers Chemical Company Recommendation: A. Approve and authorize the City Administrator to execute Amendment No. 1 to the Services Agreement with Hill Brothers Chemical Company, in substantially the same form as submitted, to increase the contract by an additional $87,300; and B. Authorize a contingency amount of ten percent (10%) or $8,730 in the event of price volatility or other unforeseen market events and grant the City Administrator authority to amend the contract value up to the contingency amount, if necessary. 12. Amendment No. 1 to Labor and Materials Contract with Matheson Tri-Gas, Inc. Recommendation: Approve and authorize the City Administrator to execute Amendment No. 1 to the Labor and Materials Contract with Matheson Tri-Gas, Inc., in substantially the same form as submitted, to increase the contract by an additional $90,000. 13. Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 127, for the period of February 18 through March 2, 2024, totaling $9,844,833.40 and consisting of ratification of electronic payments totaling $9,763,826.12 and ratification of the issuance of early checks totaling $81,007.28. . . Item 2 Page 3 of 5 Regular City Council Meeting Minutes Page 4 of 5 April 2, 2024 NEW BUSINESS 14. Amendment No. 1 to the Southeast Rio Vista Family YMCA Services Agreement Deputy City Administrator Kimmey presented the staff report. City Administration Management Analyst Figueroa answered questions related to the number of participants and outreach methods. MOTION Council Member Ybarra moved and Council Member Rivera seconded a motion to: A. Find that Amendment No. 1 to the Services Agreement with Southeast Rio Vista Family YMCA is exempt from the competitive bidding and selection process pursuant to Vernon Municipal Code Section 3.32.110(B)(3) where the best interests of the City are served by a direct award; B. Approve and authorize the City Administrator to execute Amendment No. 1 to the Services Agreement with Southeast Rio Vista Family YMCA for wellness programming memberships and wear and tear of YMCA facilities, equipment, and supplies, in substantially the same form as submitted, increasing the contract amount by $120,000 for a total not-to-exceed contract amount of $220,000 for the term of the Agreement; and C. Approve a contribution to the Southeast Rio Vista Family YMCA to sponsor uniforms for local non-Vernon resident youth for one full year of participation in the organization’s sports recreation programs for an amount not-to-exceed $10,000 to be paid by the City on a reimbursement basis. The question was called and the motion carried unanimously, Mayor Pro Tem Merlo and Council Member Lopez absent. 15. Contract with Southland Roofing Inc. for City Hall Roof Replacement - Contract No. 20240038 Public Works Deputy Director Garcia presented the staff report. MOTION Council Member Rivera moved and Council Member Ybarra seconded a motion to: A. Find that the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines § 15301, because the project consists of the repair and maintenance of the existing City Hall Roof and involves negligible or no expansion of an existing use; B. Accept the bid proposal from Southland Roofing Inc. as the lowest responsive and responsible bidder and reject all other bids; C. Approve and authorize the City Administrator to execute a contract with Southland Roofing Inc, in substantially the same form as submitted, for the City Hall Roof Replacement Project in an amount not-to-exceed $411,500; and D. Authorize a contingency amount of ten percent (10%) or $41,150 in the event of an unexpected changed condition in the project and grant authority to the City Administrator to issue change orders for an amount up to the contingency amount, if necessary. The question was called and the . . Item 2 Page 4 of 5 Regular City Council Meeting Minutes Page 5 of 5 April 2, 2024 motion carried unanimously, Mayor Pro Tem Merlo and Council Member Lopez absent. ORAL REPORTS 16. City Administrator Reports on Activities and Other Announcements. City Administrator Kimmey expressed condolences on the active-duty death of LACO Fire Fighter Jonathan Van Oeffelen and announced a memorial service on Monday April 8 from 9:00 am -11:00 am at Station 52 on Santa Fe. 17. City Council Reports on Activities (including AB 1234), Announcements, or Directives to Staff. None. ADJOURNMENT Mayor Larios adjourned the meeting at 9:36 a.m. ______________________________ CRYSTAL LARIOS, Mayor ATTEST: ______________________________ YONNIE PARKER, Deputy City Clerk (seal) . . Item 2 Page 5 of 5 City Council Agenda Report Meeting Date:April 16, 2024 From:Yonnie Parker, Deputy City Clerk Department:City Clerk Submitted by:Sandra Dolson, Administrative Secretary Subject Claims Against the City Recommendation Receive and file the claim submitted by Kevin Yee. Background The City received the following claim and, pursuant to Municipal Code Section 2.32.040, the claim is being presented to the City Council as soon after filing as possible: Name of the Claimant Amount Demanded Date Received Kevin Yee $975.18 March 20, 2024 Fiscal Impact There is no fiscal impact associated with this report. Attachments 1. Kevin Yee Claim . . Item 3 Page 1 of 1 . . Item 3 Page 1 of 12 . . Item 3 Page 2 of 12 . . Item 3 Page 3 of 12 . . Item 3 Page 4 of 12 . . Item 3 Page 5 of 12 . . Item 3 Page 6 of 12 . . Item 3 Page 7 of 12 . . Item 3 Page 8 of 12 . . Item 3 Page 9 of 12 . . Item 3 Page 10 of 12 . . Item 3 Page 11 of 12 . . Item 3 Page 12 of 12 City Council Agenda Report Meeting Date:April 16, 2024 From:Jessica Alcaraz, Financial Services Administrator Department:Finance Submitted by:John Lau, Accountant Subject Operating Account Warrant Register Recommendation Approve Operating Account Warrant Register No. 128, for the period of March 3 through March 16, 2024, totaling $9,717,202.88 and consisting of ratification of electronic payments totaling $9,235,499.76 and ratification of the issuance of early checks totaling $481,703.12. Background Vernon Municipal Code Section 2.32.060 indicates the City Treasurer, or an authorized designee, shall prepare warrants covering claims or demands against the City which are to be presented to City Council for its audit and approval. Pursuant to the aforementioned code section, the Deputy City Treasurer has prepared Operating Account Warrant Register No. 128 covering claims and demands presented during the period of March 3 through March 16, 2024, drawn, or to be drawn, from East West Bank for City Council approval. Fiscal Impact The fiscal impact of approving Operating Account Warrant Register No. 128, totals $9,717,202.88. The Finance Department has determined that sufficient funds to pay such claims/demands, are available in the respective accounts referenced on Operating Account Warrant Register No. 128. Attachments 1. Operating Account Warrant Register No. 128 . . Item 4 Page 1 of 1 STAFF REPORT FINANCE/TREASURY DEPARTMENT DATE: April 09, 2024 TO: Honorable Mayor and City Council FROM: Joaquin Leon, Deputy City Treasurer RE: Operating Account Warrant Register for City Council Agenda of April 16, 2024 It is recommended that the attached Operating Account Warrant Register No. 128 be approved at the City Council meeting of April 16, 2024. Operating Account Warrant Register No. 128 totals $9,717,202.88, and covers claims and demands presented for March 03, 2024 to March 16, 2024, drawn or to be drawn, from East West Bank. The following list details the components of Operating Account Warrant Register No. 128: 1. Ratification of electronic payments totaling $9,235,499.76. 2. Ratification of the issuance of early checks totaling $481,703.12. . . Item 4 Page 1 of 52 OPERATING ACCOUNT WARRANT REGISTER City of Vernon No.128 I 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 except Warrant Numbers: Joaquin Leon DATE Deputy City Treasurer DATE Date: Page 1 of 1 Operating Account Warrant Register Cover - 128 : Warrant . . Item 4 Page 2 of 52 481,703.12 3/7/2024 9,910.22 Invoice Description Account PO or Contract Line Item Amount 21086683 BAN 9391053026 PERIOD 12/10/23-1/9/24 011-010-110-526010 20230186 58.50 Invoice Total: 58.50 21086684 BAN 9391053027 PERIOD 12/10/23-1/9/24 055-050-580-526010 20230186 330.33 Invoice Total: 330.33 21086685 BAN 9391053028 PERIOD 12/10/23-1/9/24 011-010-110-526010 20230186 1,978.79 Invoice Total: 1,978.79 21086686 BAN 9391053029 PERIOD 12/10/23-1/9/24 011-010-110-526010 20230186 1,466.31 Invoice Total: 1,466.31 21086687 BAN 9391053030 PERIOD 12/10/23-1/9/24 056-060-600-526010 20230186 844.04 Invoice Total: 844.04 21086786 BAN 9391055763 PERIOD 12/10/23-1/9/24 056-060-600-526010 20230186 29.25 Invoice Total: 29.25 21087118 BAN 9391060354 PERIOD 12/10/23-1/9/24 011-010-110-526010 20230186 258.95 Invoice Total: 258.95 21128128 BAN 9391053440 PERIOD 12/15/23-1/14/24 011-010-110-526010 20230186 29.31 Invoice Total: 29.31 21220122 BAN 9391054023 PERIOD 1/6/24-2/5/24 011-010-110-526010 20230186 29.34 Invoice Total: 29.34 21233914 BAN 9391053026 PERIOD 1/10-2/9/24 011-010-110-526010 20230186 58.68 Invoice Total: 58.68 21233915 BAN 9391053027 PERIOD 1/10-2/9/24 055-050-580-526010 20230186 331.34 Invoice Total: 331.34 21233916 BAN 9391053028 PERIOD 1/10-2/9/24 011-010-110-526010 20230186 1,916.86 Invoice Total: 1,916.86 21233917 BAN 9391053029 PERIOD 1/10-2/9/24 011-010-110-526010 20230186 1,443.56 Invoice Total: 1,443.56 21233918 BAN 9391053030 PERIOD 1/10-2/9/24 056-060-600-526010 20230186 846.55 Invoice Total: 846.55 EARLY CHECKS TOTAL: VENDOR - 1948 - AT&T PAYMENT # 612453 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 Page 1 of 50 . . Item 4 Page 3 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 21234017 BAN 9391055763 PERIOD 1/10-2/9/24 056-060-600-526010 20230186 29.34 Invoice Total: 29.34 21234349 BAN 9391060354 PERIOD 1/10-2/9/24 011-010-110-526010 20230186 259.07 Invoice Total: 259.07 3/7/2024 4,539.11 Invoice Description Account PO or Contract Line Item Amount 2069916806 ACCT 831-000-9006 723 PERIOD 12/19/23- 1/18/24 011-010-110-526010 20230186 1,962.40 Invoice Total: 1,962.40 3146166690 ACCT 8002-996-5433 PERIOD 1/19-2/18/23 011-010-110-526010 20230186 331.84 Invoice Total: 331.84 3147109265 ACCT 8002-996-5433 PERIOD 2/19-3/18/23 011-010-110-526010 20230186 331.84 Invoice Total: 331.84 3148053628 ACCT 8002-996-5433 PERIOD 3/19-4/18/23 011-010-110-526010 20230186 331.84 Invoice Total: 331.84 3148945264 ACCT 8002-996-5433 PERIOD 4/19-5/18/23 011-010-110-526010 20230186 322.82 Invoice Total: 322.82 3149617867 ACCT 8002-996-5433 PERIOD 5/19-6/18/23 011-010-110-526010 20230186 322.82 Invoice Total: 322.82 425519701 ACCT 831-000-0922 427 PERIOD 4/19-5/18/23 055-050-580-526010 20230186 152.00 Invoice Total: 152.00 5845639709 ACCT 831-000-0922 427 PERIOD 5/19-6/18/23 055-050-580-526010 20230186 152.00 Invoice Total: 152.00 6779820802 ACCT 831-000-0922 427 PERIOD 6/19-7/18/23 055-050-580-526010 20230186 152.00 Invoice Total: 152.00 6857265805 ACCT 831-001-3015 328 PERIOD 1/17-2/16/24 011-010-110-526010 20230186 327.55 Invoice Total: 327.55 7516805809 ACCT 831-000-0922 427 PERIOD 11/19- 12/18/23 055-050-580-526010 20230186 152.00 VENDOR - 1948 - AT&T PAYMENT # 612454 Page 2 of 50 . . Item 4 Page 4 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 Invoice Total: 152.00 3/7/2024 46.23 Invoice Description Account PO or Contract Line Item Amount 832176480X011 62024 ACCT 832176480 PERIOD 12/9/23-1/8/24 011-010-110-526010 46.23 Invoice Total: 46.23 3/7/2024 25,693.61 Invoice Description Account PO or Contract Line Item Amount 022124 COMMERCIAL EV CHARGER INCENTIVE PROGRAM 056-060-605-529702 25,693.61 Invoice Total: 25,693.61 3/7/2024 4,437.32 Invoice Description Account PO or Contract Line Item Amount 5359 VEHICLE REPAIR 011-030-300-527000 240364 600.00 5359 VEHICLE REPAIR 011-030-300-527000 240364 508.53 5359 VEHICLE REPAIR 011-030-300-527000 240364 462.53 5359 VEHICLE REPAIR 011-030-300-527000 240364 47.27 5359 VEHICLE REPAIR 011-030-300-527000 240364 47.28 5359 VEHICLE REPAIR 011-030-300-527000 240364 704.72 5359 VEHICLE REPAIR 011-030-300-527000 240364 176.18 5359 VEHICLE REPAIR 011-030-300-527000 240364 176.18 5359 VEHICLE REPAIR 011-030-300-527000 240364 671.40 5359 VEHICLE REPAIR 011-030-300-527000 240364 85.92 Invoice Total: 3,480.01 5402 VEHICLE REPAIR 011-030-300-527000 240352 200.00 5402 VEHICLE REPAIR 011-030-300-527000 240352 671.40 5402 VEHICLE REPAIR 011-030-300-527000 240352 85.91 Invoice Total: 957.31 3/7/2024 11,258.02VENDOR - 5078 - BURKE, WILLIAMS & SORENSEN, LLP PAYMENT # 612458 VENDOR - 2889 - AT&T MOBILITY PAYMENT # 612455 VENDOR - 2740 - BAKER COMMODITIES, INC PAYMENT # 612456 VENDOR - 5366 - BLACK & WHITE EMERGENCY VEHICLES, LLC PAYMENT # 612457 Page 3 of 50 . . Item 4 Page 5 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 Invoice Description Account PO or Contract Line Item Amount 316378 LEGAL SERVICES 011-010-115-529200 LD-0044-1 1,075.00 Invoice Total: 1,075.00 316379 LEGAL SERVICES 011-010-115-529200 LD-0044-1 4,975.00 Invoice Total: 4,975.00 316381 LEGAL SERVICES 011-010-115-529200 LD-0044-1 2,201.02 Invoice Total: 2,201.02 316383 LEGAL SERVICES 011-010-115-529200 LD-0044-1 374.00 Invoice Total: 374.00 316387 LEGAL SERVICES 011-010-115-529200 LD-0044-1 127.00 Invoice Total: 127.00 316388 LEGAL SERVICES 011-010-115-529200 LD-0044-1 1,986.00 Invoice Total: 1,986.00 316389 LEGAL SERVICES 011-010-115-529200 LD-0044-1 520.00 Invoice Total: 520.00 3/7/2024 30.00 Invoice Description Account PO or Contract Line Item Amount 3142 SHOOTING RANGE FEES 011-030-300-529220 240062 30.00 Invoice Total: 30.00 3/7/2024 1,240.06 Invoice Description Account PO or Contract Line Item Amount 96092566 CONCRETE 011-040-430-522000 20240026 1,240.06 Invoice Total: 1,240.06 3/7/2024 241.63 Invoice Description Account PO or Contract Line Item Amount 40347 AUTO PARTS 011-040-420-522000 240016 241.63 Invoice Total: 241.63 3/7/2024 2,061.00 VENDOR - 4163 - CENTRAL FORD AUTOMOTIVE, INC. PAYMENT # 612461 VENDOR - 7372 - CHARTER COMMUNICATIONS HOLDINGS, LLC PAYMENT # 612462 VENDOR - 446 - BURRO CANYON ENTERPRISE, INC. PAYMENT # 612459 VENDOR - 256 - CALPORTLAND COMPANY PAYMENT # 612460 Page 4 of 50 . . Item 4 Page 6 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 Invoice Description Account PO or Contract Line Item Amount 180582 JOINT POLE 055-050-585-529215 2,061.00 Invoice Total: 2,061.00 3/7/2024 52.00 Invoice Description Account PO or Contract Line Item Amount 021924 LIVE SCAN REIMBURSEMENT 011-010-120-529215 52.00 Invoice Total: 52.00 3/7/2024 2,701.00 Invoice Description Account PO or Contract Line Item Amount 2301679VER01 WATER SAMPLES/ANALYSIS 058-070-700-529225 LP-0634 738.00 Invoice Total: 738.00 2301948VER01 WATER SAMPLES/ANALYSIS 058-070-700-529225 LP-0634 1,268.50 Invoice Total: 1,268.50 2400142VER01 WATER SAMPLE ANALYSIS 058-070-700-529225 LP-0634 694.50 Invoice Total: 694.50 3/7/2024 2,168.97 Invoice Description Account PO or Contract Line Item Amount 282184 MISC PARTS FOR WELL 20 (GATE OPERATOR) 058-070-700-660000 240024 1,049.56 Invoice Total: 1,049.56 282185 MISC PARTS FOR WELL 20 (ELEC GATE) 058-070-700-660000 240024 329.69 Invoice Total: 329.69 282596 PARTS & SUPPLIES 011-040-415-522000 240141 108.05 Invoice Total: 108.05 282597 PARTS & SUPPLIES 011-040-415-522000 240141 597.83 Invoice Total: 597.83 282804 PARTS & SUPPLIES 011-040-415-522000 240141 27.71 VENDOR - 7767 - CHRISTIAN HERRERA PAYMENT # 612463 VENDOR - 3088 - CLINICAL LAB OF SAN BERNARDINO INC. PAYMENT # 612464 VENDOR - 1336 - CURRENT WHOLESALE ELECTRIC SUPPLY PAYMENT # 612465 Page 5 of 50 . . Item 4 Page 7 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 Invoice Total: 27.71 282805 PARTS & SUPPLIES 011-040-415-522000 240141 27.07 Invoice Total: 27.07 282806 PARTS & SUPPLIES 011-040-415-522000 240141 29.06 Invoice Total: 29.06 3/7/2024 370.00 Invoice Description Account PO or Contract Line Item Amount EB177561 BLOWER FAN 055-050-586-529000- 20240040 370.00 Invoice Total: 370.00 3/7/2024 150.04 Invoice Description Account PO or Contract Line Item Amount 5040111 SAFETY EYE GLASSES 058-070-700-524000 150.04 Invoice Total: 150.04 3/7/2024 1,835.35 Invoice Description Account PO or Contract Line Item Amount BD0019114 OQ RENEWAL 056-060-600-529225 1,835.35 Invoice Total: 1,835.35 3/7/2024 14,958.84 Invoice Description Account PO or Contract Line Item Amount IN84763 FILTER HOUSING INSTALLATION 055-050-586-529005- 20240231 14,958.84 Invoice Total: 14,958.84 3/7/2024 33,467.00 Invoice Description Account PO or Contract Line Item Amount 50364D01 DECEMBER OUTAGE INSULATION 055-050-586-529005- 20240205 33,467.00 Invoice Total: 33,467.00 3/7/2024 39,452.62VENDOR - 7630 - FORNEY CORPORATION PAYMENT # 612471 VENDOR - 5593 - EMPIRE OPTICAL, INC PAYMENT # 612467 VENDOR - 4762 - ENERGY WORLDNET, INC PAYMENT # 612468 VENDOR - 7707 - ETHOSENERGY US GROUP PAYMENT # 612469 VENDOR - 7291 - ELECTRONIC BALANCING COMPANY, INC PAYMENT # 612466 VENDOR - 7273 - F. D. THOMAS, INC PAYMENT # 612470 Page 6 of 50 . . Item 4 Page 8 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 Invoice Description Account PO or Contract Line Item Amount 420471 HRSG 2 DUCT BURNER 055-050-586-529000- 230427 6,500.00 420471 HRSG 2 DUCT BURNER 055-050-586-529000- 230427 32,952.62 Invoice Total: 39,452.62 3/7/2024 703.87 Invoice Description Account PO or Contract Line Item Amount HTU2360 HARBOR TOXIC UPSTREAM COST SHARING 011-040-430-529215 20240320 703.87 Invoice Total: 703.87 3/7/2024 42,680.31 Invoice Description Account PO or Contract Line Item Amount 022124 COMMERCIAL EV CHARGER INCENTIVE PROGRAM 056-060-605-529702 42,680.31 Invoice Total: 42,680.31 3/7/2024 275.00 Invoice Description Account PO or Contract Line Item Amount WOI0512101 WINDSHIELD REPAIR 011-040-420-522000 240353 169.73 WOI0512101 WINDSHIELD REPAIR 011-040-420-529000 240353 105.27 Invoice Total: 275.00 3/7/2024 1,278.06 Invoice Description Account PO or Contract Line Item Amount 39336 VEHICLE REPAIR 011-040-420-522000 240284 385.56 39336 VEHICLE REPAIR 011-040-420-529000 240284 892.50 Invoice Total: 1,278.06 3/7/2024 9,676.87 Invoice Description Account PO or Contract Line Item Amount INV118078 AQUEOUS AMMONIA 055-050-586-520235- LP-0766 9,676.87 Invoice Total: 9,676.87 VENDOR - 2208 - HILL BROTHERS CHEMICAL CO PAYMENT # 612476 VENDOR - 6584 - GT'S LIVING FOODS PAYMENT # 612473 VENDOR - 4035 - GTO AUTO GLASS PAYMENT # 612474 VENDOR - 6308 - HI TECH ENTERPRISE PAYMENT # 612475 VENDOR - 5421 - GATEWAY WATER MGMT AUTHORITY PAYMENT # 612472 Page 7 of 50 . . Item 4 Page 9 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 3/7/2024 441.24 Invoice Description Account PO or Contract Line Item Amount 202826965 OFFSITE BACKUP STORAGE 011-010-110-526010 20240021 441.24 Invoice Total: 441.24 3/7/2024 1,959.90 Invoice Description Account PO or Contract Line Item Amount 4945674 RECOGNITION AWARD PROGRAM 011-010-120-529690 240356 270.47 4945674 RECOGNITION AWARD PROGRAM 011-010-120-529690 240356 276.13 4945674 RECOGNITION AWARD PROGRAM 011-010-120-529690 240356 130.03 4945674 RECOGNITION AWARD PROGRAM 011-010-120-529690 240356 208.68 4945674 RECOGNITION AWARD PROGRAM 011-010-120-529690 240356 308.74 4945674 RECOGNITION AWARD PROGRAM 011-010-120-529690 240356 461.01 4945674 RECOGNITION AWARD PROGRAM 011-010-120-529690 240356 304.84 Invoice Total: 1,959.90 3/7/2024 969.75 Invoice Description Account PO or Contract Line Item Amount 1153 CYBER SECURITY CONSULTING SERVICES 011-010-110-529110 20230187 969.75 Invoice Total: 969.75 3/7/2024 400.00 Invoice Description Account PO or Contract Line Item Amount 1169 CYBER SECURITY CONSULTING SERVICES 011-010-110-529110 20230187 400.00 Invoice Total: 400.00 3/7/2024 4,540.00 Invoice Description Account PO or Contract Line Item Amount K1230102 PROFESSIONAL SERVICES (SEWC) - JANUARY 2024 095-095-905-705000- 20240262 4,540.00 VENDOR - 7542 - KNC STRATEGIC SERVICES CORP PAYMENT # 612480 VENDOR - 7542 - KNC STRATEGIC SERVICES CORP PAYMENT # 612481 VENDOR - 7742 - KOA CONSULTING, INC PAYMENT # 612482 VENDOR - 829 - IRON MOUNTAIN, INC PAYMENT # 612478 VENDOR - 1221 - JIM HERNDON & ASSOCIATES, INC. PAYMENT # 612479 Page 8 of 50 . . Item 4 Page 10 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 Invoice Total: 4,540.00 3/7/2024 4,540.00 Invoice Description Account PO or Contract Line Item Amount K1230103 PROFESSIONAL SERVICES (SEWC) - FEBRUARY 2024 095-095-905-705000- 20240262 4,540.00 Invoice Total: 4,540.00 3/7/2024 50.00 Invoice Description Account PO or Contract Line Item Amount 24ASRE139 PARCEL MANAGEMENT SYSTEM PERIOD 1/1-1/31/24 011-010-110-529110 IT-0153 50.00 Invoice Total: 50.00 3/7/2024 125.50 Invoice Description Account PO or Contract Line Item Amount 022924 EXPENSE REIMBURSEMENT 055-050-580-529500 125.50 Invoice Total: 125.50 3/7/2024 5,466.53 Invoice Description Account PO or Contract Line Item Amount 77077342 HYDRAULIC TRUCK CRANE 055-050-586-660000- 20240215 5,466.53 Invoice Total: 5,466.53 3/7/2024 16,695.00 Invoice Description Account PO or Contract Line Item Amount 3114 REPAIRS & MAINTENANCE 011-040-410-529000 20230172 16,695.00 Invoice Total: 16,695.00 3/7/2024 52.00 Invoice Description Account PO or Contract Line Item Amount 022124 LIVE SCAN REIMBURSEMENT 011-010-120-529215 52.00 Invoice Total: 52.00 VENDOR - 7346 - MAXIM CRANE WORKS, LP PAYMENT # 612486 VENDOR - 6667 - MEGA RENOVATION, INC PAYMENT # 612487 VENDOR - 7766 - MELISSA SLAVOV PAYMENT # 612488 VENDOR - 7742 - KOA CONSULTING, INC PAYMENT # 612483 VENDOR - 1792 - LA COUNTY ASSESSOR OFFICE PAYMENT # 612484 VENDOR - 7158 - MARGIE OTTO PAYMENT # 612485 Page 9 of 50 . . Item 4 Page 11 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 3/7/2024 52.00 Invoice Description Account PO or Contract Line Item Amount 021624 LIVE SCAN REIMBURSEMENT 011-010-120-529215 52.00 Invoice Total: 52.00 3/7/2024 2,498.15 Invoice Description Account PO or Contract Line Item Amount 69978 PARTS & MAINTENANCE 055-050-586-529008- 240081 2,498.15 Invoice Total: 2,498.15 3/7/2024 1,977.13 Invoice Description Account PO or Contract Line Item Amount S1289324001 PARTS & SUPPLIES 011-040-415-522000 240056 67.72 Invoice Total: 67.72 S1289867001 PARTS & SUPPLIES 011-040-415-522000 240056 557.98 Invoice Total: 557.98 S1289935001 PARTS & SUPPLIES 058-070-700-529000 240026 1,204.37 Invoice Total: 1,204.37 S1290999002 PARTS & SUPPLIES 011-040-415-522000 240056 147.06 Invoice Total: 147.06 3/7/2024 133.15 Invoice Description Account PO or Contract Line Item Amount 9523 NEW TIRES 011-040-420-522000 240013 133.15 Invoice Total: 133.15 3/7/2024 1,271.80 Invoice Description Account PO or Contract Line Item Amount 120433 LEGAL SERVICES 011-010-115-529200 20240239 1,271.80 Invoice Total: 1,271.80 VENDOR - 3908 - RAFAEL A. LOPEZ PAYMENT # 612492 VENDOR - 3725 - RICHARD D JONES, A PROFESSIONAL LAW CORP PAYMENT # 612493 VENDOR - 7768 - MIKEE JONES PAYMENT # 612489 VENDOR - 2316 - MITECH CONTROLS PAYMENT # 612490 VENDOR - 1943 - PLUMBING & INDUSTRIAL SUPPLY PAYMENT # 612491 Page 10 of 50 . . Item 4 Page 12 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 3/7/2024 30.93 Invoice Description Account PO or Contract Line Item Amount 300329 PARTS & SUPPLIES 011-040-430-522000 240059 30.93 Invoice Total: 30.93 3/7/2024 85.00 Invoice Description Account PO or Contract Line Item Amount 76550 FRONT AXLE & ALIGNMENT REPAIR 011-040-420-529000 240008 85.00 Invoice Total: 85.00 3/7/2024 69.39 Invoice Description Account PO or Contract Line Item Amount INV66055 PARTS & SUPPLIES 055-050-586-529000- 240078 69.39 Invoice Total: 69.39 3/7/2024 49,000.00 Invoice Description Account PO or Contract Line Item Amount 558620997A DRY ICE CLEANING 055-050-586-529005- 20240193 22,500.00 Invoice Total: 22,500.00 558721075 INSULATION REMOVAL & INSTALLATION 055-050-586-529005- 20240235 22,010.00 Invoice Total: 22,010.00 558820997B DRY ICE CLEANING 055-050-586-529005- 20240193 4,490.00 Invoice Total: 4,490.00 3/7/2024 2,829.75 Invoice Description Account PO or Contract Line Item Amount 352132 ACUREN INSPECTION 055-050-586-529007- 20240047 2,829.75 Invoice Total: 2,829.75 3/7/2024 2,000.00 Invoice Description Account PO or Contract Line Item Amount 26933R PROFESSIONAL SERVICES 011-010-110-529210 20240203 2,000.00 VENDOR - 7275 - TOTAL-WESTERN, INC PAYMENT # 612498 VENDOR - 7626 - TRIDEN GROUP CORPORATION PAYMENT # 612499 VENDOR - 1973 - STEVEN J. BURRIS PAYMENT # 612495 VENDOR - 7406 - SUNSET INDUSTRIAL PARTS, INC PAYMENT # 612496 VENDOR - 7294 - TONY DEMARIA ELECTRIC, INC PAYMENT # 612497 VENDOR - 1845 - SECURITY PAVING COMPANY, INC PAYMENT # 612494 Page 11 of 50 . . Item 4 Page 13 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 Invoice Total: 2,000.00 3/7/2024 2,000.00 Invoice Description Account PO or Contract Line Item Amount 26874R PROFESSIONAL SERVICES 011-010-110-529210 20240203 2,000.00 Invoice Total: 2,000.00 3/7/2024 850.16 Invoice Description Account PO or Contract Line Item Amount 72811433 ACCT SV311478 PERIOD THRU 12/31/23 011-010-110-526010 20230084 118.08 Invoice Total: 118.08 72814675 ACCT SV646197 PERIOD THRU 12/31/23 011-010-110-526010 20230084 732.08 Invoice Total: 732.08 3/7/2024 1,328.17 Invoice Description Account PO or Contract Line Item Amount 849676229 SUBSCRIPTION CHARGES 011-010-110-529110 PD-0178 1,328.17 Invoice Total: 1,328.17 3/7/2024 1,862.69 Invoice Description Account PO or Contract Line Item Amount I50001018184 ENVIRONMENTAL SERVICES 055-050-586-526000- 20240132 1,862.69 Invoice Total: 1,862.69 3/7/2024 4,666.48 Invoice Description Account PO or Contract Line Item Amount 5266072 MANAGED PRINT SERVICES 01/01-01/31/24 011-010-110-529110 IT-0141 2,333.24 Invoice Total: 2,333.24 5389257 MANAGED PRINT SERVICES 2/1-2/29/24 011-010-110-529110 IT-0141 2,333.24 Invoice Total: 2,333.24 VENDOR - 743 - XEROX CORPORATION PAYMENT # 612504 VENDOR - 1481 - VERIZON WIRELESS PAYMENT # 612501 VENDOR - 141 - WEST PUBLISHING CORPORATION PAYMENT # 612502 VENDOR - 2308 - WORLD OIL ENVIRONMENTAL SERVICES PAYMENT # 612503 VENDOR - 7626 - TRIDEN GROUP CORPORATION PAYMENT # 612500 Page 12 of 50 . . Item 4 Page 14 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 3/7/2024 7,939.91 Invoice Description Account PO or Contract Line Item Amount 022124 COMMERCIAL EV CHARGER INCENTIVE PROGRAM 056-060-605-529702 7,939.91 Invoice Total: 7,939.91 3/12/2024 500.49 Invoice Description Account PO or Contract Line Item Amount 11636 GARNISHMENT FOR PAYROLL WARRANT 240307 011-000-000-210260 500.49 Invoice Total: 500.49 3/13/2024 41,500.00 Invoice Description Account PO or Contract Line Item Amount 022924 HSA QUARTERLY CONTRIBUTIONS 011-010-105-513030 1,000.00 022924 HSA QUARTERLY CONTRIBUTIONS 011-010-110-513030 1,000.00 022924 HSA QUARTERLY CONTRIBUTIONS 011-010-115-513030 1,000.00 022924 HSA QUARTERLY CONTRIBUTIONS 011-010-120-513030 1,000.00 022924 HSA QUARTERLY CONTRIBUTIONS 011-010-125-513030 1,500.00 022924 HSA QUARTERLY CONTRIBUTIONS 011-010-130-513030 1,000.00 022924 HSA QUARTERLY CONTRIBUTIONS 011-020-200-513030 2,000.00 022924 HSA QUARTERLY CONTRIBUTIONS 011-030-300-513030 10,500.00 022924 HSA QUARTERLY CONTRIBUTIONS 011-040-400-513030 2,000.00 022924 HSA QUARTERLY CONTRIBUTIONS 011-040-405-513030 1,500.00 022924 HSA QUARTERLY CONTRIBUTIONS 011-040-415-513030 500.00 022924 HSA QUARTERLY CONTRIBUTIONS 011-040-420-513030 500.00 022924 HSA QUARTERLY CONTRIBUTIONS 011-040-430-513030 4,500.00 022924 HSA QUARTERLY CONTRIBUTIONS 055-050-555-513030 500.00 022924 HSA QUARTERLY CONTRIBUTIONS 055-050-570-513030 1,500.00 022924 HSA QUARTERLY CONTRIBUTIONS 055-050-575-513030 500.00 022924 HSA QUARTERLY CONTRIBUTIONS 055-050-580-513030 2,000.00 022924 HSA QUARTERLY CONTRIBUTIONS 055-050-585-513030 1,500.00 022924 HSA QUARTERLY CONTRIBUTIONS 055-050-586-513030- 3,500.00 VENDOR - 4239 - HSA BANK PAYMENT # 612507 VENDOR - 7765 - YINGHUA, LLC PAYMENT # 612505 VENDOR - 5333 - LA COUNTY SHERIFF'S DEPT. PAYMENT # 612506 Page 13 of 50 . . Item 4 Page 15 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 022924 HSA QUARTERLY CONTRIBUTIONS 055-050-590-513030 500.00 022924 HSA QUARTERLY CONTRIBUTIONS 055-050-595-513030 500.00 022924 HSA QUARTERLY CONTRIBUTIONS 056-060-600-513030 500.00 022924 HSA QUARTERLY CONTRIBUTIONS 058-070-700-513030 2,500.00 Invoice Total: 41,500.00 3/14/2024 2,436.26 Invoice Description Account PO or Contract Line Item Amount 062022(2) ACCT 323 277-8949 504 0 PERIOD 05/20- 6/19/22 011-010-110-522010 2,436.26 Invoice Total: 2,436.26 3/14/2024 3,300.00 Invoice Description Account PO or Contract Line Item Amount 031424 RETIREE HEALTH REIMBURSEMENT 2024 1Q 011-010-120-513035 3,300.00 Invoice Total: 3,300.00 3/14/2024 572.00 Invoice Description Account PO or Contract Line Item Amount 021224 REFUND PUBLIC HEALTH PERMIT FEE 011-410-000-410240 488.00 021224 REFUND PUBLIC HEALTH PERMIT FEE 011-000-000-240020 84.00 Invoice Total: 572.00 3/14/2024 4,113.76 Invoice Description Account PO or Contract Line Item Amount 21434 INMATE BOOKINGS 02/24 011-030-300-529220 PD-0181 4,113.76 Invoice Total: 4,113.76 3/14/2024 27,162.29 Invoice Description Account PO or Contract Line Item Amount 108243CS STREET SWEEPING SERVICES 02/24 011-040-430-529000 CS-1434 27,162.29 Invoice Total: 27,162.29 VENDOR - 7755 - CARLOS JARAMILLO PAYMENT # 612510 VENDOR - 3846 - CITY OF HUNTINGTON PARK PAYMENT # 612511 VENDOR - 4860 - CLEANSTREET, LLC PAYMENT # 612512 VENDOR - 1948 - AT&T PAYMENT # 612508 VENDOR - 1442 - BRADLEY MACK PAYMENT # 612509 Page 14 of 50 . . Item 4 Page 16 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 3/14/2024 539.55 Invoice Description Account PO or Contract Line Item Amount 22361 DOOR MAINTENANCE AND REPAIR 011-040-415-529000 20240003 539.55 Invoice Total: 539.55 3/14/2024 247.42 Invoice Description Account PO or Contract Line Item Amount 125787005 AUTO PARTS 011-040-420-522000 240012 123.50 Invoice Total: 123.50 167162524 AUTO PARTS 011-040-420-522000 240012 123.92 Invoice Total: 123.92 3/14/2024 62.00 Invoice Description Account PO or Contract Line Item Amount 031224 LIVE SCAN REIMBURSEMENT 011-010-120-529215 62.00 Invoice Total: 62.00 3/14/2024 495.60 Invoice Description Account PO or Contract Line Item Amount 378083 OIL TESTING SERVICES 055-050-586-529000- 240041 126.00 Invoice Total: 126.00 380992 OIL TESTING SERVICES 055-050-586-529000- 240041 369.60 Invoice Total: 369.60 3/14/2024 519.77 Invoice Description Account PO or Contract Line Item Amount 202837098 OFFSITE BACKUP STORAGE 011-010-110-526010 20240021 519.77 Invoice Total: 519.77 3/14/2024 4,400.00 Invoice Description Account PO or Contract Line Item Amount VENDOR - 7404 - INSIGHT SERVICES, INC PAYMENT # 612517 VENDOR - 829 - IRON MOUNTAIN, INC PAYMENT # 612518 VENDOR - 1315 - JEFFREY GRAVES PAYMENT # 612519 VENDOR - 331 - COMMERCIAL DOOR OF LOS ANGELES COUNTY PAYMENT # 612513 VENDOR - 6696 - ELLIOTT AUTO SUPPLY CO, INC PAYMENT # 612514 VENDOR - 7771 - GARY PERDUE PAYMENT # 612516 Page 15 of 50 . . Item 4 Page 17 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 031224 RETIREE HEALTH REIMBURSEMENT 2023Q4 & 2024Q1 011-010-120-513035 4,400.00 Invoice Total: 4,400.00 3/14/2024 2,513.70 Invoice Description Account PO or Contract Line Item Amount 89151 VEHICLE DECALS - 2024 011-020-200-522000 240329 2,513.70 Invoice Total: 2,513.70 3/14/2024 300.00 Invoice Description Account PO or Contract Line Item Amount 1163 CYBER SECURITY CONSULTING SERVICES 011-010-110-529110 20230187 300.00 Invoice Total: 300.00 3/14/2024 13.16 Invoice Description Account PO or Contract Line Item Amount 11244049 TRANSLATION SERVICES 011-030-300-529220 20230162 13.16 Invoice Total: 13.16 3/14/2024 2,483.31 Invoice Description Account PO or Contract Line Item Amount A10813 AUTO SPRINKLER TEST 011-040-415-529000 20240294 1,725.00 Invoice Total: 1,725.00 A10868 REPAIRS & MAINTENANCE 011-040-415-529000 20240293 250.00 Invoice Total: 250.00 A10959 REPAIRS & MAINTENANCE 011-040-415-529000 20240300 508.31 Invoice Total: 508.31 3/14/2024 2,408.41 Invoice Description Account PO or Contract Line Item Amount 23335 VACUUM TRUCK SERVICES 055-050-586-529000- 20240305 2,408.41 Invoice Total: 2,408.41 VENDOR - 3231 - MARX BROS FIRE EXTINGUISHER CO INC PAYMENT # 612523 VENDOR - 7280 - MESA ENVIRONMENTAL SERVICES, INC PAYMENT # 612524 VENDOR - 1832 - KENNEDY NAMEPLATE COMPANY, INC PAYMENT # 612520 VENDOR - 7542 - KNC STRATEGIC SERVICES CORP PAYMENT # 612521 VENDOR - 3272 - LANGUAGE LINE SERVICES, INC PAYMENT # 612522 Page 16 of 50 . . Item 4 Page 18 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 3/14/2024 2,963.29 Invoice Description Account PO or Contract Line Item Amount IN4012958 MANAGED PRINT SERVICES 1/30-2/28/24 011-010-110-529110 IT-0141 2,963.29 Invoice Total: 2,963.29 3/14/2024 37.22 Invoice Description Account PO or Contract Line Item Amount 221890 AUTO PARTS 011-040-420-522000 240014 37.22 Invoice Total: 37.22 3/14/2024 50.00 Invoice Description Account PO or Contract Line Item Amount 022624 2024 FBI NCCA MEMBERSHIP DUES 011-030-300-529550 50.00 Invoice Total: 50.00 3/14/2024 1,703.00 Invoice Description Account PO or Contract Line Item Amount 030624 RETIREE HEALTH REIMBURSEMENT 2024 1Q 011-010-120-513035 1,703.00 Invoice Total: 1,703.00 3/14/2024 62.00 Invoice Description Account PO or Contract Line Item Amount 022024 LIVE SCAN REIMBURSEMENT 011-010-120-529215 62.00 Invoice Total: 62.00 3/14/2024 94.82 Invoice Description Account PO or Contract Line Item Amount S1290834001 PARTS & SUPPLIES 058-070-700-529000 240026 94.82 Invoice Total: 94.82 VENDOR - 7769 - PAUL LOPEZ PAYMENT # 612529 VENDOR - 1943 - PLUMBING & INDUSTRIAL SUPPLY PAYMENT # 612530 VENDOR - 309 - NAPA AUTO PARTS PAYMENT # 612526 VENDOR - 7711 - FBI NATIONAL COMMAND COURSE ASSOCIATION PAYMENT # 612527 VENDOR - 1148 - NORMAN SUTHERLIN PAYMENT # 612528 VENDOR - 6203 - MRC SMART TECHNOLOGY SOLUTIONS PAYMENT # 612525 Page 17 of 50 . . Item 4 Page 19 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 3/14/2024 196.27 Invoice Description Account PO or Contract Line Item Amount 121038 LEGAL SERVICES 011-010-115-529200 20240239 196.27 Invoice Total: 196.27 3/14/2024 40.00 Invoice Description Account PO or Contract Line Item Amount 010124 EXPENSE REIMBURSEMENT 011-030-300-529500 40.00 Invoice Total: 40.00 3/14/2024 26,250.00 Invoice Description Account PO or Contract Line Item Amount 14139 ERP IMPLEMENTATION CONSULTANT 011-010-110-529210 FI-0034 17,062.50 Invoice Total: 17,062.50 14850 ERP IMPLEMENTATION CONSULTANT 011-010-110-529210 FI-0034 4,725.00 Invoice Total: 4,725.00 15106 ERP IMPLEMENTATION CONSULTANT 011-010-110-529210 FI-0034 4,462.50 Invoice Total: 4,462.50 3/14/2024 1,308.32 Invoice Description Account PO or Contract Line Item Amount 4239480 ANNUAL OPERATING FEES 011-040-415-529000 1,308.32 Invoice Total: 1,308.32 3/14/2024 168.37 Invoice Description Account PO or Contract Line Item Amount 4240834 EMISSIONS FEES 011-040-415-529000 168.37 Invoice Total: 168.37 3/14/2024 4,261.73 Invoice Description Account PO or Contract Line Item Amount S1406730001 SUPPLIES 011-040-415-522000 240057 3,435.96 VENDOR - 1158 - SOUTH COAST AQMD PAYMENT # 612535 VENDOR - 6305 - STARBOARD TACK SUPPLY INC PAYMENT # 612536 VENDOR - 7389 - RUTH CEDENO PAYMENT # 612532 VENDOR - 7057 - SDI PRESENCE, LLC PAYMENT # 612533 VENDOR - 1158 - SOUTH COAST AQMD PAYMENT # 612534 VENDOR - 3725 - RICHARD D JONES, A PROFESSIONAL LAW CORP PAYMENT # 612531 Page 18 of 50 . . Item 4 Page 20 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 Invoice Total: 3,435.96 S1407599001 SUPPLIES 011-040-415-522000 240057 825.77 Invoice Total: 825.77 3/14/2024 231.93 Invoice Description Account PO or Contract Line Item Amount 76529 FRONT AXLE & ALIGNMENT REPAIR 011-040-420-522000 240008 51.93 76529 FRONT AXLE & ALIGNMENT REPAIR 011-040-420-529000 240008 180.00 Invoice Total: 231.93 3/14/2024 5,000.00 Invoice Description Account PO or Contract Line Item Amount 1344105 ENERGY RISK MANAGEMENT SERVICES 02/24 055-050-580-529215 20240255 5,000.00 Invoice Total: 5,000.00 3/14/2024 1,894.00 Invoice Description Account PO or Contract Line Item Amount 022124 PARKING REVENUE DISTRIBUTION 01/24 011-030-300-529220 1,894.00 Invoice Total: 1,894.00 3/14/2024 3,300.00 Invoice Description Account PO or Contract Line Item Amount 030724 RETIREE HEALTH REIMBURSEMENT 2024 1Q 011-010-120-513035 3,300.00 Invoice Total: 3,300.00 3/14/2024 2,000.00 Invoice Description Account PO or Contract Line Item Amount 27036R PROFESSIONAL SERVICES 011-010-110-529210 20240203 2,000.00 Invoice Total: 2,000.00 3/14/2024 3,600.00 VENDOR - 7626 - TRIDEN GROUP CORPORATION PAYMENT # 612541 VENDOR - 6619 - TYNER CONSULTING SERVICES, INC PAYMENT # 612542 VENDOR - 7743 - STONEX FINANCIAL INC. PAYMENT # 612538 VENDOR - 5419 - SUPERIOR CT OF CAL OF LA PAYMENT # 612539 VENDOR - 1625 - TODD PAINTON PAYMENT # 612540 VENDOR - 1973 - STEVEN J. BURRIS PAYMENT # 612537 Page 19 of 50 . . Item 4 Page 21 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 Invoice Description Account PO or Contract Line Item Amount 1659 JPE EVALUATION SERVICES 056-060-600-529225 20240269 3,600.00 Invoice Total: 3,600.00 3/14/2024 1,243.65 Invoice Description Account PO or Contract Line Item Amount 227483444001 EQUIPMENT & TOOL RENTALS 011-040-415-522000 20240017 1,243.65 Invoice Total: 1,243.65 3/14/2024 1,328.17 Invoice Description Account PO or Contract Line Item Amount 849824936 CLEAR PROFLEX SUBSCRIPTION 011-010-110-529110 PD-0178 1,328.17 Invoice Total: 1,328.17 3/14/2024 3,300.00 Invoice Description Account PO or Contract Line Item Amount 031324 RETIREE HEALTH REIMBURSEMENT 2024 1Q 011-010-120-513035 3,300.00 Invoice Total: 3,300.00 3/7/2024 6,040.87 Invoice Description Account PO or Contract Line Item Amount 030724 PAYROLL CHECKS 011-000-000-210110 3,376.68 030724 PAYROLL CHECKS 056-000-000-210110 2,664.19 Invoice Total: 6,040.87 VENDOR - 141 - WEST PUBLISHING CORPORATION PAYMENT # 612544 VENDOR - 892 - WILLIAM FOLTZ JR PAYMENT # 612545 VENDOR - 883 - UNITED RENTALS (NORTH AMERICA), INC PAYMENT # 612543 PAYROLL CHECKS Page 20 of 50 . . Item 4 Page 22 of 52 9,235,499.76 3/8/2024 442,432.32 Invoice Description Account PO or Contract Line Item Amount 2024030531633 01572 REVISED CHARGES 03/23 055-050-590-520150 (12,551.02) 2024030531633 01572 REVISED CHARGES 03/23 055-050-590-520190 (7.46) 2024030531633 01572 REVISED CHARGES 03/23 055-050-590-520170 252.82 2024030531633 01572 REVISED CHARGES 11/23 055-050-590-520150 (1,808.30) 2024030531633 01572 REVISED CHARGES 11/23 055-050-590-520170 (2,833.22) 2024030531633 01572 REVISED CHARGES 11/23 055-050-590-520190 (144.34) 2024030531633 01572 INITIAL CHARGES 02/24 055-050-590-520190 7,324.10 2024030531633 01572 INITIAL CHARGES 02/24 055-050-590-520170 172.39 2024030531633 01572 INITIAL CHARGES 02/24 055-050-590-520210 12,144.15 2024030531633 01572 INITIAL CHARGES 02/24 055-050-590-520150 439,883.20 Invoice Total: 442,432.32 3/8/2024 2,879.18 Invoice Description Account PO or Contract Line Item Amount 91497 CROSSING GUARD SERVICES 011-010-160-529215 20240119 2,879.18 Invoice Total: 2,879.18 3/8/2024 4,775.73 Invoice Description Account PO or Contract Line Item Amount 2145682 VIDEO WALL DISPLAY 011-010-110-529110 20240169 4,775.73 Invoice Total: 4,775.73 ELECTRONIC TOTAL: VENDOR - 2412 - CALIFORNIA ISO PAYMENT # 16817 VENDOR - 1490 - ALL CITY MANAGEMENT SERVICES, INC. PAYMENT # 16818 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 VENDOR - 6366 - AUDIO VISUAL INNOVATIONS, INC PAYMENT # 16819 Page 21 of 50 . . Item 4 Page 23 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 3/8/2024 2,109.00 Invoice Description Account PO or Contract Line Item Amount Q144407 INNOVYZE RENEWAL 011-010-110-522010 240264 2,109.00 Invoice Total: 2,109.00 3/8/2024 225.00 Invoice Description Account PO or Contract Line Item Amount 175060 VALVE TESTING 056-060-600-529000 240069 225.00 Invoice Total: 225.00 3/8/2024 236.50 Invoice Description Account PO or Contract Line Item Amount 245973AM MISCELLANEOUS SUPPLIES & LABOR 058-070-700-529000 20240115 236.50 Invoice Total: 236.50 3/8/2024 236.50 Invoice Description Account PO or Contract Line Item Amount 245975AM MISCELLANEOUS SUPPLIES & LABOR 058-070-700-529000 20240115 236.50 Invoice Total: 236.50 3/8/2024 236.50 Invoice Description Account PO or Contract Line Item Amount 245977AM MISCELLANEOUS SUPPLIES & LABOR 058-070-700-529000 20240115 236.50 Invoice Total: 236.50 3/8/2024 236.50 Invoice Description Account PO or Contract Line Item Amount 245981AM MISCELLANEOUS SUPPLIES & LABOR 058-070-700-529000 20240115 236.50 Invoice Total: 236.50 3/8/2024 13,545.52 VENDOR - 7667 - C&L REFRIGERATION CORPORATION PAYMENT # 16825 VENDOR - 1401 - CENTRAL BASIN MWD PAYMENT # 16826 VENDOR - 7667 - C&L REFRIGERATION CORPORATION PAYMENT # 16822 VENDOR - 7667 - C&L REFRIGERATION CORPORATION PAYMENT # 16823 VENDOR - 7667 - C&L REFRIGERATION CORPORATION PAYMENT # 16824 VENDOR - 6445 - AUTODESK, INC PAYMENT # 16820 VENDOR - 2177 - BASIN VALVE COMPANY PAYMENT # 16821 Page 22 of 50 . . Item 4 Page 24 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 Invoice Description Account PO or Contract Line Item Amount VERJAN24 POTABLE WATER CHARGES 01/24 058-070-700-520130 6,451.00 VERJAN24 POTABLE WATER CHARGES 01/24 055-050-586-520135- 7,094.52 Invoice Total: 13,545.52 3/8/2024 381,700.00 Invoice Description Account PO or Contract Line Item Amount IN245298 5-YEAR ASSURE MAINTENANCE PLAN 055-050-595-529702 20240311 381,700.00 Invoice Total: 381,700.00 3/8/2024 2,129.21 Invoice Description Account PO or Contract Line Item Amount 4178452891 UNIFORM RENTAL SERVICE 011-040-420-524000 CS-1397 37.38 4178452891 UNIFORM RENTAL SERVICE 011-040-430-524000 CS-1397 260.36 Invoice Total: 297.74 4179186835 UNIFORM SERVICES 055-050-586-524000- LP-0663 297.11 4179186835 UNIFORM SERVICES 055-050-586-524000- LP-0663 96.53 4179186835 UNIFORM SERVICES 058-070-700-524000 LP-0663 200.75 4179186835 UNIFORM SERVICES 055-050-550-524000 LP-0663 15.36 4179186835 UNIFORM SERVICES 055-050-555-524000 LP-0663 198.15 Invoice Total: 807.90 4179937278 UNIFORM SERVICE 055-050-586-524000- LP-0663 312.28 4179937278 UNIFORM SERVICE 056-060-600-524000 LP-0663 79.22 4179937278 UNIFORM SERVICE 058-070-700-524000 LP-0663 141.46 4179937278 UNIFORM SERVICE 055-050-550-524000 LP-0663 15.36 4179937278 UNIFORM SERVICE 055-050-555-524000 LP-0663 166.45 Invoice Total: 714.77 4180643851 UNIFORM RENTAL SERVICE 011-040-420-524000 CS-1397 63.83 4180643851 UNIFORM RENTAL SERVICE 011-040-430-524000 CS-1397 244.97 Invoice Total: 308.80 3/8/2024 110.00 VENDOR - 7500 - CHARGEPOINT INC PAYMENT # 16827 VENDOR - 5490 - CINTAS CORPORATION NO. 2 PAYMENT # 16828 VENDOR - 947 - DAILY JOURNAL CORPORATION PAYMENT # 16829 Page 23 of 50 . . Item 4 Page 25 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 Invoice Description Account PO or Contract Line Item Amount B3763966 PUBLICATION SERVICES 011-010-125-525000 110.00 Invoice Total: 110.00 3/8/2024 1,650.00 Invoice Description Account PO or Contract Line Item Amount INV0109 DECEMBER OUTAGE SCAFFOLD SUPPORT 055-050-586-529005- 20240222 1,650.00 Invoice Total: 1,650.00 3/8/2024 6,867.26 Invoice Description Account PO or Contract Line Item Amount 21035 PARTS & SUPPLIES 058-070-700-529000 240025 4,222.56 Invoice Total: 4,222.56 22075 PARTS & SUPPLIES 058-070-700-529000 240025 2,644.70 Invoice Total: 2,644.70 3/8/2024 37,300.00 Invoice Description Account PO or Contract Line Item Amount 20223598 PENSION, OPEB & BOND DEBT MODELING 011-010-130-529225 FI-0039 6,527.50 20223598 PENSION, OPEB & BOND DEBT MODELING 055-050-580-529225 FI-0039 3,263.75 20223598 PENSION, OPEB & BOND DEBT MODELING 058-070-700-529225 FI-0039 1,087.92 20223598 PENSION, OPEB & BOND DEBT MODELING 011-000-000-121000 FI-0039 15,852.50 20223598 PENSION, OPEB & BOND DEBT MODELING 055-000-000-121000 FI-0039 7,926.25 20223598 PENSION, OPEB & BOND DEBT MODELING 058-000-000-121000 FI-0039 2,642.08 Invoice Total: 37,300.00 3/8/2024 979.58 VENDOR - 524 - FERGUSON WATERWORKS PAYMENT # 16831 VENDOR - 6441 - GOVINVEST, INC PAYMENT # 16832 VENDOR - 1712 - GRAINGER, CO PAYMENT # 16833 VENDOR - 7709 - DON CORNELL JACKSON PAYMENT # 16830 Page 24 of 50 . . Item 4 Page 26 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 Invoice Description Account PO or Contract Line Item Amount 9009055147 PARTS & SUPPLIES 055-050-560-529000 240114 288.61 Invoice Total: 288.61 9009414161 PARTS & SUPPLIES 055-050-560-529000 240114 89.47 Invoice Total: 89.47 9857206750 PARTS & SUPPLIES 055-050-586-529003- 240035 324.13 Invoice Total: 324.13 9973628754 PARTS & SUPPLIES 058-070-700-529000 240042 277.37 Invoice Total: 277.37 3/8/2024 968.00 Invoice Description Account PO or Contract Line Item Amount 3AX00115 WASTE DISPOSAL 011-040-410-529215 CS-1371 102.00 Invoice Total: 102.00 3CX00112 WASTE DISPOSAL 011-040-410-529215 CS-1371 102.00 Invoice Total: 102.00 41X00107 WASTE DISPOSAL 011-040-415-529215 CS-1371 171.50 Invoice Total: 171.50 41X00110 WASTE DISPOSAL 011-040-410-529215 CS-1371 102.00 Invoice Total: 102.00 42X00102 WASTE DISPOSAL 011-040-415-529215 CS-1371 171.50 Invoice Total: 171.50 42X00105 WASTE DISPOSAL 011-040-415-529215 CS-1371 319.00 Invoice Total: 319.00 3/8/2024 159,161.53 Invoice Description Account PO or Contract Line Item Amount 1101123114 MICROSOFT 365 SUBSCRIPTION LICENSE 011-010-110-529110 24027420230086 5,020.90 Invoice Total: 5,020.90 1101131820 ENTERPRISE LICENSE AGREEMENT 011-010-110-529110 24029720230086 154,140.63 Invoice Total: 154,140.63 VENDOR - 3606 - INSIGHT PUBLIC SECTOR, INC PAYMENT # 16835 VENDOR - 5350 - HAUL-AWAY RUBBISH SERVICE CO., INC PAYMENT # 16834 Page 25 of 50 . . Item 4 Page 27 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 3/8/2024 16,797.75 Invoice Description Account PO or Contract Line Item Amount D3775700006 PROFESSIONAL SERVICES THROUGH 12/29/2023 055-050-580-529225 20240020 518.25 D3775700006 PROFESSIONAL SERVICES THROUGH 12/29/2023 058-070-700-529225 20240020 3,361.00 D3775700006 PROFESSIONAL SERVICES THROUGH 12/29/2023 055-050-586-529235- 20240020 10,377.00 D3775700006 PROFESSIONAL SERVICES THROUGH 12/29/2023 055-050-560-529215 20240020 2,541.50 Invoice Total: 16,797.75 3/8/2024 1,210.76 Invoice Description Account PO or Contract Line Item Amount 120462 TRAFFIC CONTROL SUPPLIES 011-040-430-522000 240054 721.25 Invoice Total: 721.25 123134 TRAFFIC CONTROL SUPPLIES 011-040-430-522000 240054 489.51 Invoice Total: 489.51 3/8/2024 143.87 Invoice Description Account PO or Contract Line Item Amount 58419IN SAFETY WORK BOOTS 055-050-585-524000 240237 143.87 Invoice Total: 143.87 3/8/2024 17.51 Invoice Description Account PO or Contract Line Item Amount 130982 PARTS & SUPPLIES 011-040-410-522000 240123 17.51 Invoice Total: 17.51 3/8/2024 4,072.02 Invoice Description Account PO or Contract Line Item Amount 676177368 INTERNET ACCESS SERVICES 02/24 059-080-800-520173 20240063 4,072.02 Invoice Total: 4,072.02 VENDOR - 3053 - LEVEL 3 FINANCING, INC PAYMENT # 16840 VENDOR - 5093 - JCL TRAFFIC SERVICES PAYMENT # 16837 VENDOR - 171 - L&M FOOTWEAR PAYMENT # 16838 VENDOR - 804 - LB JOHNSON INDUSTRIAL HARDWARE PAYMENT # 16839 VENDOR - 6886 - JACOBS ENGINEERING GROUP, INC PAYMENT # 16836 Page 26 of 50 . . Item 4 Page 28 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 3/8/2024 9,569.16 Invoice Description Account PO or Contract Line Item Amount 105801 GROUNDS MAINTENANCE 12/23 011-040-415-529000 CS-1413 4,709.00 Invoice Total: 4,709.00 106238 GROUNDS MAINTENANCE 01/24 011-040-415-529000 CS-1413 4,860.16 Invoice Total: 4,860.16 3/8/2024 5,203.91 Invoice Description Account PO or Contract Line Item Amount 29124762 SPECIALTY GASES 055-050-586-529000- LP-0790 4,183.77 Invoice Total: 4,183.77 29131941 SPECIALTY GASES 055-050-586-529000- LP-0790 478.76 Invoice Total: 478.76 771101550 CYLINDER RENTAL 055-050-586-529000- LP-0790 541.38 Invoice Total: 541.38 3/8/2024 15,979.49 Invoice Description Account PO or Contract Line Item Amount 6670578885 WATER TREATMENT SERVICES 055-050-586-520235- LP-0765 15,979.49 Invoice Total: 15,979.49 3/8/2024 5,000.00 Invoice Description Account PO or Contract Line Item Amount 2786 POSTAGE REPLENISHMENT 011-010-130-522000 FI-0041 5,000.00 Invoice Total: 5,000.00 3/8/2024 14,100.00 Invoice Description Account PO or Contract Line Item Amount 15849 GEOVIEWER SUBSCRIPTION 011-010-110-529110 240324 14,100.00 Invoice Total: 14,100.00 VENDOR - 7321 - NALCO COMPANY LLC PAYMENT # 16843 VENDOR - 6687 - NEXTDAY DELIVERY SERVICE, LLC PAYMENT # 16844 VENDOR - 5709 - NOBEL SYSTEMS, INC PAYMENT # 16845 VENDOR - 6422 - MARIPOSA LANDSCAPES, INC PAYMENT # 16841 VENDOR - 6520 - MATHESON TRI-GAS, INC PAYMENT # 16842 Page 27 of 50 . . Item 4 Page 29 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 3/8/2024 971.08 Invoice Description Account PO or Contract Line Item Amount 200174IN TAGGING SERVICES - FEBRUARY 2024 055-050-590-529215 240022 971.08 Invoice Total: 971.08 3/8/2024 3,358.05 Invoice Description Account PO or Contract Line Item Amount 29855 H215 INSTALL BED SLIDE 011-040-420-522000 240348 2,668.05 29855 H215 INSTALL BED SLIDE 011-040-420-529000 240348 690.00 Invoice Total: 3,358.05 3/8/2024 82.00 Invoice Description Account PO or Contract Line Item Amount 1308 CAR WASH SERVICES 055-050-555-527000 240135 70.00 Invoice Total: 70.00 1311 CAR WASHES SERVICES 011-030-300-527000 240063 12.00 Invoice Total: 12.00 3/8/2024 208.00 Invoice Description Account PO or Contract Line Item Amount 3094986460 SUBSCRIPTION DUES 02/24 011-010-115-529600 LD-0045 208.00 Invoice Total: 208.00 3/8/2024 16.00 Invoice Description Account PO or Contract Line Item Amount 123023 ADVANCED ROADSIDE IMPAIRED DRIVING ENFORCEMENT 011-030-300-529500 16.00 Invoice Total: 16.00 3/8/2024 226.50 Invoice Description Account PO or Contract Line Item Amount 12282023 TRAINING: LASER OPERATOR 011-030-300-529500 226.50 VENDOR - 6884 - RELX, INC PAYMENT # 16849 VENDOR - 868 - RICHARD VILLEGAS PAYMENT # 16850 VENDOR - 7512 - RUDY HERNANDEZ PAYMENT # 16851 VENDOR - 629 - OPEN ACCESS TECHNOLOGY INTL PAYMENT # 16846 VENDOR - 4111 - PACIFIC COMMERCIAL TRUCK BODY PAYMENT # 16847 VENDOR - 870 - PARNASA TOV INC PAYMENT # 16848 Page 28 of 50 . . Item 4 Page 30 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 Invoice Total: 226.50 3/8/2024 1,050.00 Invoice Description Account PO or Contract Line Item Amount 1186113010201 24 FIBER INTERNET SERVICE 02/24 011-010-110-526010 1,050.00 Invoice Total: 1,050.00 3/8/2024 10,464.72 Invoice Description Account PO or Contract Line Item Amount IN17179 ELEMENT REPAIR KITS 056-060-600-529000 240283 10,464.72 Invoice Total: 10,464.72 3/8/2024 50,732.28 Invoice Description Account PO or Contract Line Item Amount 402236 PUBLIC SAFETY SOFTWARE SYSTEM 011-010-110-529110 20240184 50,732.28 Invoice Total: 50,732.28 3/8/2024 16,900.00 Invoice Description Account PO or Contract Line Item Amount 45430756 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-529110 IT-0152 2,100.00 Invoice Total: 2,100.00 45431564 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-529110 IT-0152 3,500.00 Invoice Total: 3,500.00 45432516 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-529110 IT-0152 1,400.00 Invoice Total: 1,400.00 45435350(2) TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-529110 IT-0152 1,400.00 Invoice Total: 1,400.00 45453847 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-529110 IT-0152 2,100.00 Invoice Total: 2,100.00 45454927 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 5,000.00 Invoice Total: 5,000.00 VENDOR - 1447 - TYLER TECHNOLOGIES, INC PAYMENT # 16855 VENDOR - 7419 - SPECTRUM BUSINESS PAYMENT # 16852 VENDOR - 4318 - TIMOTHY MARQUEZ PAYMENT # 16853 VENDOR - 5069 - TRITECH SOFTWARE SYSTEMS PAYMENT # 16854 Page 29 of 50 . . Item 4 Page 31 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 45456656 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-529110 IT-0152 1,400.00 Invoice Total: 1,400.00 3/8/2024 2,642.32 Invoice Description Account PO or Contract Line Item Amount 11413754477 PORTABLE RESTROOM 12/05/23 - 01/01/24 058-070-700-529000 20240117 188.16 Invoice Total: 188.16 11413775097 PORTABLE RESTROOM 01/02/24 - 01/29/24 058-070-700-529000 20240117 188.16 Invoice Total: 188.16 11413790460 PORTABLE RESTROOM 1/30/24 - 2/26/24 058-070-700-529000 20240117 188.16 Invoice Total: 188.16 INV4050726 PORTABLE RESTROOM 12/18/23 -01/14/24 055-050-550-529000 20240118 267.14 Invoice Total: 267.14 INV4059462 PORTABLE RESTROOM 12/21/23 - 01/17/24 055-050-550-529000 20240118 122.54 Invoice Total: 122.54 INV4059463 PORTABLE RESTROOM 12/21/23 - 01/17/24 055-050-550-529000 20240118 228.54 Invoice Total: 228.54 INV4059464 PORTABLE RESTROOM 12/21/23 - 01/17/24 055-050-550-529000 20240118 111.59 Invoice Total: 111.59 INV4116212 PORTABLE RESTROOM 1/15/24 - 2/11/24 055-050-550-529000 20240118 267.14 Invoice Total: 267.14 INV4125242 PORTABLE RESTROOM 1/18/24 - 2/14/24 055-050-550-529000 20240118 122.54 Invoice Total: 122.54 INV4126074 PORTABLE RESTROOM 1/18/24 - 2/14/24 055-050-550-529000 20240118 111.59 Invoice Total: 111.59 INV4126198 PORTABLE RESTROOM 1/18/24 - 2/14/24 055-050-550-529000 20240118 228.54 Invoice Total: 228.54 INV4183761 PORTABLE RESTROOM 2/12/24 - 3/10/24 055-050-550-529000 20240118 267.14 VENDOR - 3601 - UNITED SITE SERVICES OF CALIFORNIA, INC. PAYMENT # 16856 Page 30 of 50 . . Item 4 Page 32 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 Invoice Total: 267.14 INV4191672 PORTABLE RESTROOM 2/15/24 - 3/14/24 058-070-700-529000 20240117 122.54 Invoice Total: 122.54 INV4192141 PORTABLE RESTROOM 2/15/24 - 3/13/24 055-050-550-529000 20240118 228.54 Invoice Total: 228.54 3/8/2024 14,668.92 Invoice Description Account PO or Contract Line Item Amount IN216005 INTERNET SERVICE 059-080-800-520173 20240299 9,271.99 Invoice Total: 9,271.99 IN216006 INTERNET SERVICE 059-080-800-520173 20240045 5,396.93 Invoice Total: 5,396.93 3/8/2024 2,200.00 Invoice Description Account PO or Contract Line Item Amount 022024 TUITION REIMBURSEMENT 011-010-120-529680 2,200.00 Invoice Total: 2,200.00 3/8/2024 7,374.22 Invoice Description Account PO or Contract Line Item Amount 5660093 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 336.26 Invoice Total: 336.26 5660096 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 437.14 Invoice Total: 437.14 5660098 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 477.49 Invoice Total: 477.49 5660099 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 336.26 Invoice Total: 336.26 5660101 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 336.26 Invoice Total: 336.26 5662042 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 336.26 Invoice Total: 336.26 VENDOR - 7446 - VERONICA PALAFOX PAYMENT # 16858 VENDOR - 7110 - WATERLINE TECHNOLOGIES, INC PAYMENT # 16859 VENDOR - 7343 - USIPCOMMUNICATION, LLC PAYMENT # 16857 Page 31 of 50 . . Item 4 Page 33 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 5667664 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 390.06 Invoice Total: 390.06 5667670 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 470.77 Invoice Total: 470.77 5667671 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 685.98 Invoice Total: 685.98 5667673 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 336.26 Invoice Total: 336.26 5669453 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 184.94 Invoice Total: 184.94 5669454 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 188.31 Invoice Total: 188.31 5669455 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 423.69 Invoice Total: 423.69 5669456 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 383.34 Invoice Total: 383.34 5669460 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 396.79 Invoice Total: 396.79 5669462 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 242.11 Invoice Total: 242.11 5669575 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 336.26 Invoice Total: 336.26 5670765 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 369.89 Invoice Total: 369.89 5670766 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 420.33 Invoice Total: 420.33 5670778 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 285.82 Invoice Total: 285.82 3/8/2024 543.72 Invoice Description Account PO or Contract Line Item Amount 5656188 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 (38.03) VENDOR - 7110 - WATERLINE TECHNOLOGIES, INC PAYMENT # 16860 Page 32 of 50 . . Item 4 Page 34 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 Invoice Total: (38.03) 5669461 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 134.51 Invoice Total: 134.51 5670779 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 151.32 Invoice Total: 151.32 5670783 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 161.41 Invoice Total: 161.41 5670785 SODIUM HYPOCHLORITE 058-070-700-520140 20240032 134.51 Invoice Total: 134.51 3/8/2024 4,295.00 Invoice Description Account PO or Contract Line Item Amount SI013065 DOCUPEAK LICENSE SUBSCRIPTION 011-010-110-529110 20240285 4,295.00 Invoice Total: 4,295.00 3/6/2024 109.26 Invoice Description Account PO or Contract Line Item Amount 838245909 PERIOD: 01/24 055-050-580-522000 78.13 838245909 PERIOD: 01/24 011-010-120-522000 31.13 Invoice Total: 109.26 3/6/2024 55.98 Invoice Description Account PO or Contract Line Item Amount 838984100 PERIOD: 01/24 011-010-125-522000 55.98 Invoice Total: 55.98 3/6/2024 71.16 Invoice Description Account PO or Contract Line Item Amount 840355861 PERIOD: 02/24 011-010-120-522000 71.16 Invoice Total: 71.16 3/6/2024 78.80 VENDOR - 249 - FEDERAL EXPRESS CORPORATION PAYMENT # 16871 VENDOR - 249 - FEDERAL EXPRESS CORPORATION PAYMENT # 16872 VENDOR - 4917 - WEBIPLEX, INC PAYMENT # 16861 VENDOR - 249 - FEDERAL EXPRESS CORPORATION PAYMENT # 16869 VENDOR - 249 - FEDERAL EXPRESS CORPORATION PAYMENT # 16870 Page 33 of 50 . . Item 4 Page 35 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 Invoice Description Account PO or Contract Line Item Amount 841038611 PERIOD: 02/24 055-050-580-522000 78.80 Invoice Total: 78.80 3/6/2024 8.74 Invoice Description Account PO or Contract Line Item Amount 966922388 PERIOD: 01/24 011-010-130-522000 8.74 Invoice Total: 8.74 3/6/2024 4.48 Invoice Description Account PO or Contract Line Item Amount 966962270 PERIOD: 01/24 011-010-130-522000 4.48 Invoice Total: 4.48 3/15/2024 1,485,281.22 Invoice Description Account PO or Contract Line Item Amount 2024031231633 66438 REVISED CHARGES 05/22 055-050-590-520150 (297.71) 2024031231633 66438 REVISED CHARGES 05/22 055-050-590-520190 (5.55) 2024031231633 66438 REVISED CHARGES 05/22 055-050-590-520170 2,026.81 2024031231633 66438 REVISED CHARGES 11/23 055-050-590-520170 (6,986.16) 2024031231633 66438 REVISED CHARGES 11/23 055-050-590-520240 (13.71) 2024031231633 66438 REVISED CHARGES 11/23 055-050-590-520190 77.99 2024031231633 66438 REVISED CHARGES 11/23 055-050-590-520210 20.42 2024031231633 66438 REVISED CHARGES 11/23 055-050-590-520150 169,296.76 2024031231633 66438 INITIAL CHARGES 02/24 055-050-590-520240 8,352.18 VENDOR - 249 - FEDERAL EXPRESS CORPORATION PAYMENT # 16874 VENDOR - 2412 - CALIFORNIA ISO PAYMENT # 16877 VENDOR - 249 - FEDERAL EXPRESS CORPORATION PAYMENT # 16873 Page 34 of 50 . . Item 4 Page 36 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 2024031231633 66438 INITIAL CHARGES 02/24 055-050-590-520190 8,248.74 2024031231633 66438 INITIAL CHARGES 02/24 055-050-590-520210 11,642.69 2024031231633 66438 INITIAL CHARGES 02/24 055-050-590-520180 240,633.94 2024031231633 66438 INITIAL CHARGES 02/24 055-050-590-520170 767,441.00 2024031231633 66438 INITIAL CHARGES 02/24 055-050-590-520150 284,843.82 Invoice Total: 1,485,281.22 3/15/2024 296,292.00 Invoice Description Account PO or Contract Line Item Amount PV0324 MARCH 2024 CAPACITY 055-050-590-520180 236,153.00 PV0324 FEBRUARY 2024 ENERGY 055-050-590-520150 50,139.00 PV0324 PSF 055-000-000-122100 10,000.00 Invoice Total: 296,292.00 3/11/2024 2,524.50 Invoice Description Account PO or Contract Line Item Amount 11633 VERNON POLICE ASSOCIATION DUES 03.07.24 011-000-000-210250 2,524.50 Invoice Total: 2,524.50 3/11/2024 4,126.08 Invoice Description Account PO or Contract Line Item Amount 11635 IBEW MEMBERSHIP ASSOCIATION DUES 03.07.24 055-000-000-210250 3,651.69 11635 IBEW MEMBERSHIP ASSOCIATION DUES 03.07.24 056-000-000-210250 341.96 11635 IBEW MEMBERSHIP ASSOCIATION DUES 03.07.24 058-000-000-210250 132.43 Invoice Total: 4,126.08 VENDOR - 3407 - VERNON POLICE OFFICERS BENEFIT PAYMENT # 16879 VENDOR - 5323 - IBEW LOCAL 47 PAYMENT # 16880 VENDOR - 2517 - SCPPA PAYMENT # 16878 Page 35 of 50 . . Item 4 Page 37 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 3/15/2024 1,883,259.08 Invoice Description Account PO or Contract Line Item Amount 240058 ELECTRIC SYSTEM MAINTENANCE 02/24 055-000-000-200400 LP-0761-1 1,883,259.08 Invoice Total: 1,883,259.08 3/15/2024 16,530.00 Invoice Description Account PO or Contract Line Item Amount 433770 FEBRUARY 2024 055-050-590-520160 16,530.00 Invoice Total: 16,530.00 3/15/2024 11,992.50 Invoice Description Account PO or Contract Line Item Amount 82 GRAFFITI ABATEMENT SERVICES 011-040-430-529215 20240066 2,250.00 Invoice Total: 2,250.00 84 GRAFFITI ABATEMENT SERVICES 011-040-430-529215 20240066 4,533.75 Invoice Total: 4,533.75 85 GRAFFITI ABATEMENT SERVICES 011-040-430-529215 20240066 5,208.75 Invoice Total: 5,208.75 3/15/2024 24.00 Invoice Description Account PO or Contract Line Item Amount 022824 EXPENSE REIMBURSEMENT 011-030-300-529500 24.00 Invoice Total: 24.00 3/15/2024 7,000.00 Invoice Description Account PO or Contract Line Item Amount 02241979341 FEBRUARY 2024 055-050-590-520160 7,000.00 Invoice Total: 7,000.00 3/15/2024 694.74 Invoice Description Account PO or Contract Line Item Amount 4179186524 UNIFORM RENTAL SERVICE 011-040-420-524000 CS-1397 37.38 VENDOR - 6298 - CIMA ENERGY, LP PAYMENT # 16885 VENDOR - 5490 - CINTAS CORPORATION NO. 2 PAYMENT # 16886 VENDOR - 7225 - TWIN EAGLE HOLDINGS N.A., LLC PAYMENT # 16882 VENDOR - 7393 - APPLY THE PRESSURE GROUP PAYMENT # 16883 VENDOR - 3782 - CARLOS OURIQUE PAYMENT # 16884 VENDOR - 3049 - PETRELLI ELECTRIC, INC PAYMENT # 16881 Page 36 of 50 . . Item 4 Page 38 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 4179186524 UNIFORM RENTAL SERVICE 011-040-430-524000 CS-1397 260.36 Invoice Total: 297.74 4182798643 UNIFORM RENTAL SERVICE 011-040-420-524000 CS-1397 37.38 4182798643 UNIFORM RENTAL SERVICE 011-040-430-524000 CS-1397 272.59 Invoice Total: 309.97 5198634739 FIRST AID KIT RESTOCK 011-040-430-524000 CS-1397 87.03 Invoice Total: 87.03 3/15/2024 1,392,739.45 Invoice Description Account PO or Contract Line Item Amount C0011876 FIRE PROTECTION SERVICES 04/24 011-030-305-529215 1,392,739.45 Invoice Total: 1,392,739.45 3/15/2024 200.00 Invoice Description Account PO or Contract Line Item Amount B3789338 PUBLICATION SERVICES 011-010-125-525000 200.00 Invoice Total: 200.00 3/15/2024 421.75 Invoice Description Account PO or Contract Line Item Amount 161648 PARKING CITATION PROCESSING 01/24 011-030-300-529220 PD-0180 421.75 Invoice Total: 421.75 3/15/2024 898.50 Invoice Description Account PO or Contract Line Item Amount A123852 ANNUAL PREVENTATIVE MAINTENANCE SVCS 055-050-570-529215 20240110 898.50 Invoice Total: 898.50 3/15/2024 32.70 Invoice Description Account PO or Contract Line Item Amount 022224 EXPENSE REIMBURSEMENT 055-050-590-529670 32.70 VENDOR - 2051 - EFRAIN SANDOVAL PAYMENT # 16891 VENDOR - 947 - DAILY JOURNAL CORPORATION PAYMENT # 16888 VENDOR - 6191 - DATA TICKET, INC PAYMENT # 16889 VENDOR - 6714 - DUTHIE ELECTRIC SERVICE CORPORATION PAYMENT # 16890 VENDOR - 1444 - COUNTY OF LOS ANGELES PAYMENT # 16887 Page 37 of 50 . . Item 4 Page 39 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 Invoice Total: 32.70 3/15/2024 3,976.59 Invoice Description Account PO or Contract Line Item Amount 6584 PARTS & SERVICES 058-070-700-529000 230183 3,976.59 Invoice Total: 3,976.59 3/15/2024 827.50 Invoice Description Account PO or Contract Line Item Amount 159534 AUTO PARTS 011-040-420-522000 240005 827.50 Invoice Total: 827.50 3/15/2024 6,714.30 Invoice Description Account PO or Contract Line Item Amount 9000417650 PARTS & SUPPLIES 056-060-600-522000 240071 125.39 Invoice Total: 125.39 9004816436 PARTS & SUPPLIES 055-050-586-520231- 240035 409.55 Invoice Total: 409.55 9026282054 PARTS & SUPPLIES 056-060-600-529000 240071 424.37 Invoice Total: 424.37 9050954289 PARTS & SUPPLIES 011-040-415-522000 240117 93.70 Invoice Total: 93.70 9950614199 UNIFORMS 055-050-555-524000 240114 680.02 Invoice Total: 680.02 9950614207 PARTS & SUPPLIES 055-050-570-522000 240114 124.83 Invoice Total: 124.83 9970939675 PARTS & SUPPLIES 055-050-586-520231- 240035 670.16 Invoice Total: 670.16 9975090979 PARTS & SUPPLIES 056-060-600-522000 240071 111.30 Invoice Total: 111.30 9976148255 UNIFORMS 055-050-555-524000 240114 1,455.35 Invoice Total: 1,455.35 VENDOR - 1712 - GRAINGER, CO PAYMENT # 16894 VENDOR - 524 - FERGUSON WATERWORKS PAYMENT # 16892 VENDOR - 399 - GARVEY EQUIPMENT COMPANY PAYMENT # 16893 Page 38 of 50 . . Item 4 Page 40 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 9976154295 UNIFORMS 055-050-555-524000 240114 873.21 Invoice Total: 873.21 9976950304 UNIFORMS 055-050-555-524000 240114 1,746.42 Invoice Total: 1,746.42 3/15/2024 718,053.11 Invoice Description Account PO or Contract Line Item Amount 50153 STREET IMPROVEMENTS 011-040-430-660000 20240122 718,053.11 Invoice Total: 718,053.11 3/15/2024 885.36 Invoice Description Account PO or Contract Line Item Amount 42X00103 WASTE DISPOSAL 011-040-415-529215 CS-1371 683.36 Invoice Total: 683.36 42X00109 WASTE DISPOSAL 011-040-415-529215 CS-1371 202.00 Invoice Total: 202.00 3/15/2024 32,002.75 Invoice Description Account PO or Contract Line Item Amount D3775700007 PROFESSIONAL SERVICES THROUGH 01/26/2024 055-050-580-529225 20240020 876.75 D3775700007 PROFESSIONAL SERVICES THROUGH 01/26/2024 055-050-586-529235- 20240020 15,804.25 D3775700007 PROFESSIONAL SERVICES THROUGH 01/26/2024 055-050-560-529215 20240020 1,775.50 Invoice Total: 18,456.50 D3775700008 PROFESSIONAL SERVICES THROUGH 2/23/2024 055-050-580-529225 20240020 959.75 D3775700008 PROFESSIONAL SERVICES THROUGH 2/23/2024 056-060-600-529225 20240020 1,282.50 D3775700008 PROFESSIONAL SERVICES THROUGH 2/23/2024 055-050-586-529235- 20240020 8,889.25 D3775700008 PROFESSIONAL SERVICES THROUGH 2/23/2024 055-050-560-529215 20240020 2,414.75 VENDOR - 6886 - JACOBS ENGINEERING GROUP, INC PAYMENT # 16897 VENDOR - 6289 - HARDY & HARPER, INC PAYMENT # 16895 VENDOR - 5350 - HAUL-AWAY RUBBISH SERVICE CO., INC PAYMENT # 16896 Page 39 of 50 . . Item 4 Page 41 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 Invoice Total: 13,546.25 3/15/2024 40.00 Invoice Description Account PO or Contract Line Item Amount 010124 EXPENSE REIMBURSEMENT 011-030-300-529500 40.00 Invoice Total: 40.00 3/15/2024 5,500.00 Invoice Description Account PO or Contract Line Item Amount FEB24 VERNON COMMUNITY FUND ADMINISTRATION 02/24 011-010-140-529215 20240111 5,500.00 Invoice Total: 5,500.00 3/15/2024 392.51 Invoice Description Account PO or Contract Line Item Amount 130487 PARTS & SUPPLIES 055-050-555-522000 240103 65.69 Invoice Total: 65.69 131094 PARTS & SUPPLIES 055-050-555-529000 240103 240.86 Invoice Total: 240.86 819203 PARTS & SUPPLIES 011-040-430-522000 240123 85.96 Invoice Total: 85.96 3/15/2024 1,511.57 Invoice Description Account PO or Contract Line Item Amount 18937138 REMOVAL PUNCH SET & SPRING PINS 055-050-560-529000 240107 249.33 Invoice Total: 249.33 18942603 PARTS & SUPPLIES 055-050-560-529000 240107 236.30 Invoice Total: 236.30 19918614 PARTS & SUPPLIES 055-050-586-529003- 240126 305.14 Invoice Total: 305.14 20155114 PARTS & SUPPLIES 055-050-586-529000- 240126 320.00 Invoice Total: 320.00 VENDOR - 804 - LB JOHNSON INDUSTRIAL HARDWARE PAYMENT # 16900 VENDOR - 1150 - MCMASTER-CARR SUPPLY COMPANY PAYMENT # 16901 VENDOR - 5630 - JASON LUCAS PAYMENT # 16898 VENDOR - 5108 - JEMMOTT ROLLINS GROUP, INC PAYMENT # 16899 Page 40 of 50 . . Item 4 Page 42 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 20204424 CALIBRATION SOLUTION 055-050-586-529003- 240126 71.67 Invoice Total: 71.67 20349870 MISC PARTS 055-050-560-529000 240107 329.13 Invoice Total: 329.13 3/15/2024 3,597.04 Invoice Description Account PO or Contract Line Item Amount 239437 CALIBRATIONS 056-060-600-529000 20240097 1,990.60 Invoice Total: 1,990.60 239993 ANNUAL GAS METER CALIBRATION 056-060-600-529000 20240097 1,093.71 Invoice Total: 1,093.71 240038 MAINTENANCE & REPAIR 056-060-600-529000 20240097 512.73 Invoice Total: 512.73 3/15/2024 2,574.00 Invoice Description Account PO or Contract Line Item Amount 9396 FEBRUARY 2024 055-050-590-520160 2,574.00 Invoice Total: 2,574.00 3/15/2024 24.00 Invoice Description Account PO or Contract Line Item Amount 2/22/24 EXPENSE REIMBURSEMENT 011-030-300-529500 24.00 Invoice Total: 24.00 3/15/2024 65,621.25 Invoice Description Account PO or Contract Line Item Amount 1850 PROFESSIONAL SERVICES 058-070-700-529000 20240224 1,425.00 1850 PROFESSIONAL SERVICES 058-070-700-660000 20240224 9,476.25 1850 PROFESSIONAL SERVICES 058-070-700-660000 20240224 1,425.00 1850 PROFESSIONAL SERVICES 055-050-560-660000 20240224 3,705.00 1850 PROFESSIONAL SERVICES 058-070-700-529000 20240224 2,850.00 1850 PROFESSIONAL SERVICES 055-050-560-529000 20240224 2,850.00 VENDOR - 6318 - MIECO, LLC PAYMENT # 16903 VENDOR - 6950 - NICHOLAS MANNINO PAYMENT # 16904 VENDOR - 5614 - NORTHWEST ELECTRICAL SERVICES, LLC PAYMENT # 16905 VENDOR - 839 - MEASUREMENT CONTROL SYSTEMS, INC PAYMENT # 16902 Page 41 of 50 . . Item 4 Page 43 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 1850 PROFESSIONAL SERVICES 055-050-580-529225 20240224 3,277.50 1850 PROFESSIONAL SERVICES 055-050-585-660000 20240224 37,620.00 1850 PROFESSIONAL SERVICES 055-050-555-660000 20240224 2,992.50 Invoice Total: 65,621.25 3/15/2024 1,234.88 Invoice Description Account PO or Contract Line Item Amount 173719lN PARTS & SERVICES 056-060-600-529000 240361 196.75 Invoice Total: 196.75 173720IN PARTS & SERVICES 056-060-600-529000 240361 251.13 Invoice Total: 251.13 173721IN PARTS & SERVICES 056-060-600-529000 240361 196.75 Invoice Total: 196.75 173722IN PARTS & SERVICES 056-060-600-529000 240361 196.75 Invoice Total: 196.75 173723IN PARTS & SERVICES 056-060-600-529000 240361 196.75 Invoice Total: 196.75 173724IN PARTS & SERVICES 056-060-600-529000 240361 196.75 Invoice Total: 196.75 3/15/2024 11,745.00 Invoice Description Account PO or Contract Line Item Amount 241750 FEBRUARY 2024 055-050-590-520160 11,745.00 Invoice Total: 11,745.00 3/15/2024 459.00 Invoice Description Account PO or Contract Line Item Amount 030824 TUITION REIMBURSEMENT 011-010-120-529680 459.00 Invoice Total: 459.00 3/15/2024 130,776.00 Invoice Description Account PO or Contract Line Item Amount VENDOR - 6198 - S&S LABOR FORCE, INC PAYMENT # 16909 VENDOR - 3332 - P&F DISTRIBUTORS PAYMENT # 16906 VENDOR - 5908 - PACIFIC SUMMIT ENERGY, LLC PAYMENT # 16907 VENDOR - 3701 - RAFAEL LANDA PAYMENT # 16908 Page 42 of 50 . . Item 4 Page 44 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 12495 SECURITY SERVICES (CITY HALL) 02/24 011-040-415-529215 20230234 10,816.00 Invoice Total: 10,816.00 12496 SECURITY SERVICES (POWER PLANT) 02/24 055-050-555-529215 20230234 85,523.20 12496 SECURITY SERVICES (POWER PLANT) 02/24 055-050-580-529215 20230234 21,380.80 Invoice Total: 106,904.00 12497 SECURITY SERVICES (EXTRA PATROL) 02/24 011-040-415-529215 20230234 13,056.00 Invoice Total: 13,056.00 3/15/2024 41,835.24 Invoice Description Account PO or Contract Line Item Amount DH0324 MARCH 2024 055-050-590-520154 41,835.24 Invoice Total: 41,835.24 3/15/2024 347,987.44 Invoice Description Account PO or Contract Line Item Amount ATSP0324 MARCH 2024 055-050-590-520154 347,987.44 Invoice Total: 347,987.44 3/15/2024 223,045.77 Invoice Description Account PO or Contract Line Item Amount DSR10324 MARCH 2024 055-050-590-520154 223,045.77 Invoice Total: 223,045.77 3/15/2024 24,669.00 Invoice Description Account PO or Contract Line Item Amount 7501658659 MARCH 2024 055-050-590-520170 24,669.00 Invoice Total: 24,669.00 3/15/2024 965.08 Invoice Description Account PO or Contract Line Item Amount VENDOR - 2517 - SCPPA PAYMENT # 16912 VENDOR - 59 - SO CAL EDISON PAYMENT # 16913 VENDOR - 3775 - STAPLEMAN MEDIA SERVICES, INC. PAYMENT # 16914 VENDOR - 2517 - SCPPA PAYMENT # 16910 VENDOR - 2517 - SCPPA PAYMENT # 16911 Page 43 of 50 . . Item 4 Page 45 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 27690 ENVELOPES 011-020-200-522000 240330 434.52 Invoice Total: 434.52 27691 ENVELOPES 011-020-200-522000 240330 530.56 Invoice Total: 530.56 3/15/2024 3,000.00 Invoice Description Account PO or Contract Line Item Amount 031124 EMPLOYEE COMPUTER LOAN 011-000-000-110021 3,000.00 Invoice Total: 3,000.00 3/15/2024 3,300.00 Invoice Description Account PO or Contract Line Item Amount 030624 RETIREE HEALTH REIMBURSEMENT 2024 1Q 011-010-120-513035 3,300.00 Invoice Total: 3,300.00 3/15/2024 1,646.32 Invoice Description Account PO or Contract Line Item Amount 1120230785 DIG ALERTS & NOTIFICATIONS - 11/23 055-050-565-529000 240302 197.18 1120230785 DIG ALERTS & NOTIFICATIONS - 11/23 056-060-600-529000 240302 197.19 1120230785 DIG ALERTS & NOTIFICATIONS - 11/23 058-070-700-529000 240302 197.19 1120230785 DIG ALERTS & NOTIFICATIONS - 11/23 059-080-800-529000 240302 197.19 Invoice Total: 788.75 120240785 DIG ALERTS & NOTIFICATIONS - 01/24 055-050-565-529000 240302 104.86 120240785 DIG ALERTS & NOTIFICATIONS - 01/24 056-060-600-529000 240302 104.88 120240785 DIG ALERTS & NOTIFICATIONS - 01/24 058-070-700-529000 240302 104.88 120240785 DIG ALERTS & NOTIFICATIONS - 01/24 059-080-800-529000 240302 104.88 Invoice Total: 419.50 1220230791 DIG ALERTS & NOTIFICATIONS - 12/23 055-050-565-529000 240302 71.64 1220230791 DIG ALERTS & NOTIFICATIONS - 12/23 056-060-600-529000 240302 71.62 1220230791 DIG ALERTS & NOTIFICATIONS - 12/23 058-070-700-529000 240302 71.62 1220230791 DIG ALERTS & NOTIFICATIONS - 12/23 059-080-800-529000 240302 71.62 Invoice Total: 286.50 VENDOR - 6229 - SYLVIE DE LA RIVA GONZALEZ PAYMENT # 16915 VENDOR - 332 - TODD HEWETT PAYMENT # 16916 VENDOR - 449 - UNDERGROUND SERVICE ALERT OF SO CAL PAYMENT # 16917 Page 44 of 50 . . Item 4 Page 46 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 232424495 EXCAVATION TICKETS - 01/24 055-050-565-529000 240244 37.90 232424495 EXCAVATION TICKETS - 01/24 056-060-600-529000 240244 37.89 232424495 EXCAVATION TICKETS - 01/24 058-070-700-529000 240244 37.89 232424495 EXCAVATION TICKETS - 01/24 059-080-800-529000 240244 37.89 Invoice Total: 151.57 3/15/2024 50,030.68 Invoice Description Account PO or Contract Line Item Amount GG1766W0224 FEBRUARY 2024 CAPACITY 055-050-590-520180 33,180.97 GG1766W0224 JANUARY 2024 ENERGY 055-050-590-520150 16,849.71 Invoice Total: 50,030.68 3/15/2024 40,185.46 Invoice Description Account PO or Contract Line Item Amount INV0095 PUBLIC HEALTH SERVICES 03/24 011-020-200-529230- 20240109 34,535.46 Invoice Total: 34,535.46 INV0101 HEALTH OFFICER SERVICES 02/24 011-020-200-529230- HD-0054 5,650.00 Invoice Total: 5,650.00 3/15/2024 40.00 Invoice Description Account PO or Contract Line Item Amount W4A2678 WATER SAMPLES 01/24 058-070-700-529225 20240083 40.00 Invoice Total: 40.00 3/15/2024 500.00 Invoice Description Account PO or Contract Line Item Amount 022024 RENTAL AGREEMENT 03/24 055-050-595-529703- 20240080 500.00 Invoice Total: 500.00 3/15/2024 23,400.00 Invoice Description Account PO or Contract Line Item Amount VENDOR - 7663 - WEST SOTO STREET PARTNERS PAYMENT # 16921 VENDOR - 6081 - YMCA OF METROPOLITAN LA PAYMENT # 16922 VENDOR - 2227 - US DEPARTMENT OF ENERGY PAYMENT # 16918 VENDOR - 7489 - WEA CA PC PAYMENT # 16919 VENDOR - 1628 - WECK ANALYTICAL ENVIRONMENTAL SERVICES PAYMENT # 16920 Page 45 of 50 . . Item 4 Page 47 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 20231211(2) YMCA COMMUNITY-BASED WELLNESS SPONSORSHIP 011-010-160-529215 20230103 23,400.00 Invoice Total: 23,400.00 3/15/2024 3,525.49 Invoice Description Account PO or Contract Line Item Amount INV231082 FLAME DETECTOR 055-050-560-529000 240296 3,525.49 Invoice Total: 3,525.49 3/12/2024 35.30 Invoice Description Account PO or Contract Line Item Amount 933312024 SERVICE CHARGE 011-040-405-522000 35.30 Invoice Total: 35.30 3/12/2024 36.75 Invoice Description Account PO or Contract Line Item Amount 933312034 SERVICE CHARGE 011-040-405-522000 36.75 Invoice Total: 36.75 3/12/2024 32.90 Invoice Description Account PO or Contract Line Item Amount 933312044 SERVICE CHARGE 011-040-405-522000 32.90 Invoice Total: 32.90 3/12/2024 32.90 Invoice Description Account PO or Contract Line Item Amount 933312054 SERVICE CHARGE 011-040-405-522000 32.90 Invoice Total: 32.90 3/12/2024 49.04 Invoice Description Account PO or Contract Line Item Amount 933312064 SERVICE CHARGE 011-040-405-522000 49.04 VENDOR - 1617 - UPS PAYMENT # 17015 VENDOR - 1617 - UPS PAYMENT # 17016 VENDOR - 1617 - UPS PAYMENT # 17012 VENDOR - 1617 - UPS PAYMENT # 17013 VENDOR - 1617 - UPS PAYMENT # 17014 VENDOR - 5803 - YUSSEF ACHAK PAYMENT # 16923 Page 46 of 50 . . Item 4 Page 48 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 Invoice Total: 49.04 3/12/2024 35.53 Invoice Description Account PO or Contract Line Item Amount 933312074 SERVICE CHARGE 011-040-405-522000 35.53 Invoice Total: 35.53 3/12/2024 30.00 Invoice Description Account PO or Contract Line Item Amount 933312503 SERVICE CHARGE 011-040-405-522000 30.00 Invoice Total: 30.00 3/15/2024 475.12 Invoice Description Account PO or Contract Line Item Amount 031424 ANNUAL EMISSION REPORT - 14502 055-050-560-520230 475.12 Invoice Total: 475.12 3/15/2024 3,449.19 Invoice Description Account PO or Contract Line Item Amount 031424(2) ANNUAL EMISSION REPORT - 195802 055-050-586-520230- 3,449.19 Invoice Total: 3,449.19 3/8/2024 233,194.93 Invoice Description Account PO or Contract Line Item Amount 11631 CALPERS PAYROLL WARRANT 240307 011-000-000-210240 155,857.52 11631 CALPERS PAYROLL WARRANT 240307 055-000-000-210240 64,391.94 11631 CALPERS PAYROLL WARRANT 240307 056-000-000-210240 4,148.12 11631 CALPERS PAYROLL WARRANT 240307 058-000-000-210240 8,444.77 11631 CALPERS PAYROLL WARRANT 240307 059-000-000-210240 87.64 11631 CALPERS PAYROLL WARRANT 240307 011-000-000-210240 264.89 11631 CALPERS PAYROLL WARRANT 240307 011-010-130-523034 0.05 Invoice Total: 233,194.93 VENDOR - 714 - CALPERS PAYMENT # 17056 VENDOR - 1617 - UPS PAYMENT # 17018 VENDOR - 1158 - SOUTH COAST AQMD PAYMENT # 17028 VENDOR - 1158 - SOUTH COAST AQMD PAYMENT # 17029 VENDOR - 1617 - UPS PAYMENT # 17017 Page 47 of 50 . . Item 4 Page 49 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 3/7/2024 28,105.79 Invoice Description Account PO or Contract Line Item Amount 11637 DEFERRED COMPENSATION PAYROLL WARRANT 240307 011-000-000-210220 14,747.89 11637 DEFERRED COMPENSATION PAYROLL WARRANT 240307 055-000-000-210220 11,552.32 11637 DEFERRED COMPENSATION PAYROLL WARRANT 240307 056-000-000-210220 1,223.08 11637 DEFERRED COMPENSATION PAYROLL WARRANT 240307 058-000-000-210220 532.50 11637 DEFERRED COMPENSATION PAYROLL WARRANT 240307 059-000-000-210220 50.00 Invoice Total: 28,105.79 3/8/2024 132,487.35 Invoice Description Account PO or Contract Line Item Amount 11634 FWH, SSW, AND MEDICARE PAYROLL WARRANT 240307 011-000-000-210210 78,077.53 11634 FWH, SSW, AND MEDICARE PAYROLL WARRANT 240307 055-000-000-210210 46,309.30 11634 FWH, SSW, AND MEDICARE PAYROLL WARRANT 240307 056-000-000-210210 2,892.44 11634 FWH, SSW, AND MEDICARE PAYROLL WARRANT 240307 058-000-000-210210 5,157.45 11634 FWH, SSW, AND MEDICARE PAYROLL WARRANT 240307 059-000-000-210210 50.63 Invoice Total: 132,487.35 3/8/2024 42,997.39 Invoice Description Account PO or Contract Line Item Amount 11632 STATE WITHHOLDING PAYROLL WARRANT 240307 011-000-000-210210 24,500.64 11632 STATE WITHHOLDING PAYROLL WARRANT 240307 055-000-000-210210 15,849.56 VENDOR - 1635 - EMPLOYMENT DEVELOPMENT DEPT PAYMENT # 17059 VENDOR - 7541 - MISSIONSQUARE RETIREMENT PAYMENT # 17057 VENDOR - 4075 - THE DEPARTMENT OF THE TREASURY PAYMENT # 17058 Page 48 of 50 . . Item 4 Page 50 of 52 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 11632 STATE WITHHOLDING PAYROLL WARRANT 240307 056-000-000-210210 1,127.13 11632 STATE WITHHOLDING PAYROLL WARRANT 240307 058-000-000-210210 1,495.64 11632 STATE WITHHOLDING PAYROLL WARRANT 240307 059-000-000-210210 24.42 Invoice Total: 42,997.39 3/7/2024 696,521.68 Invoice Description Account PO or Contract Line Item Amount 030724 PAYROLL DIRECT DEPOSIT 011-000-000-210110 429,813.46 030724 PAYROLL DIRECT DEPOSIT 055-000-000-210110 222,013.36 030724 PAYROLL DIRECT DEPOSIT 056-000-000-210110 12,915.93 030724 PAYROLL DIRECT DEPOSIT 058-000-000-210110 31,529.78 030724 PAYROLL DIRECT DEPOSIT 059-000-000-210110 249.15 Invoice Total: 696,521.68 PAYROLL DIRECT DEPOSIT Page 49 of 50 . . Item 4 Page 51 of 52 EARLY CHECKS TOTAL ELECTRONIC TOTAL GRAND TOTAL $ 196,419.07 $ 3,234,859.24 $ 3,431,278.31 $ 181,512.02 $ 5,842,944.71 $ 6,024,456.73 $ 86,662.55 $ 40,604.66 $ 127,267.21 $ 8,029.48 $ 97,476.79 $ 105,506.27 $ 19,614.36 $ 19,614.36 $ 9,080.00 $ 9,080.00 $ 481,703.12 $ 9,235,499.76 $ 9,717,202.88 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 128 DATE 04/16/2024 058 - WATER 059 - FIBER 095 - SEWC JPA Total FUND 011 - GENERAL 055 - LIGHT & POWER 056 - NATURAL GAS Page 50 of 50 AM . . Item 4 Page 52 of 52 City Council Agenda Report Meeting Date:April 16, 2024 From:Carlos Fandino, City Administrator Department:City Administration Submitted by:Diana Figueroa, Management Analyst Subject Fire Department Activity Report Recommendation Receive and file the February 2024 Fire Department Activity Report. Background Attached is a copy of a Fire Department Activity Report which covers the period of February 1 through February 29, 2024. The report is provided by Los Angeles County Fire and consists of incident details and a summary for the month. Fiscal Impact There is no fiscal impact associated with this report. Attachments 1. Fire Department Activity Report – February 2024 . . Item 5 Page 1 of 1 LOS ANGELES COUNTY FIRE DEPARTMENT CITY OF VERNON FIRE STATISTICAL REPORT FEBRUARY 2024 1 . . Item 5 Page 1 of 13 FIRES: Incident Date/Time Basic Incident Basic Incident Full Number (FD1) Address Basic Incident Type Code And Property Pre- Description (FD1.21) Basic Basic Property Losses Basic Contents Pre- Incident Basic Content Losses (FD1.36) Basic Primary Station Name Basic Incident Basic Person Address Favorite Involved Postal Code (FD3.18) Incident Value (FD1.37) (FD1.35)Value (FD1.38) Address Postal Code (FD1.78)(FD1.4) Basic Incident City Name (FD1.16): VERNON Basic Incident Postal Code (FD1.19): 90058 02/03/2024 LAC24041856 East LEONIS Boulevard and S BOYLE AV 132 - Road freight or transport vehicle fire 2,500 LAC013 VERNON CA 90058 02/04/2024 LAC24042576 5000 South 132 - Road freight LAC052 PACIFIC Boulevard or transport and S PACIFIC BLVD VERNON CA 90058 vehicle fire 02/07/2024 LAC24046652 02/09/2024 LAC24048900 02/11/2024 LAC24051809 02/12/2024 LAC24053287 02/24/2024 LAC24068354 3000 East LEONIS Boulevard VERNON vehicle fire CA 90058 131 - Passenger 5,000 10,000 10,000 LAC013 LAC0523600 South SOTO Street VERNON CA rubbish fire, 90058 118 - Trash or contained 4641 HAMPTON Street VERNON CA rubbish, trash or 90058 151 - Outside LAC052 waste fire 2590 HARRIETT Street VERNON CA confined to 90058 113 - Cooking fire,1 0 1 0 LAC052 LAC052 container South SANTA FE 151 - Outside 0 Avenue and E 26TH rubbish, trash or ST VERNON CA 90058 waste fire 02/25/2024 LAC24068459 3338 East 130 - Mobile 8,000 1,000 1,000 LAC013 SLAUSON Avenue property (vehicle) VERNON CA 90058 fire, other 2 . . Item 5 Page 2 of 13 Incident Date/Time Basic Incident Basic Incident Full Basic Incident Type Code And Property Pre- Description (FD1.21) Basic Basic Property Losses (FD1.35) Basic Contents Pre- Incident Basic Content Losses (FD1.36) Basic Primary Station Name Basic Incident Basic Person Number (FD1)Address Address Favorite Involved Postal Code (FD3.18) Incident Value (FD1.37) Value (FD1.38) Address Postal Code (FD1.78)(FD1.4) 02/27/2024 LAC24071881 East VERNON Avenue and S 150 - Outside rubbish fire, other LAC013 DOWNEY RD VERNON CA 90058 Count: 9 TRANSPORTS: Disposition Incident Patient Disposition (eDisposition.12)Number of Incidents (ALS) Patient Treated, Transported Canceled (Prior to Arrival At Scene) Canceled on Scene (FD Not Needed) 11 11 26 5Canceled on Scene (Unable to Locate Patient) Care Transferred to BLS 28 12Patient Refusal (AMA) - (No Transport) CITY OF VERNON STATISTICS FEBRUARY 2024 INCIDENT SUMMARY TYPES AND TOTALS: Cad Initial Cad Incident Type Description Fire Initial Cad Incident Type Description (FD1.86) Basic Incident Type Code And Description (FD1.21) Number of incidents Property Loss Content Loss Acres Burned Basic Incident Type Category (FD1.21): (None) Basic Incident City Name (FD1.16): VERNON VEH VEH 1 Total: 1 Total: 1 Total: $0 Total: $0 Total: 0 Total: 0 Total: 0Total: 0 Basic Incident Type Category (FD1.21): 1 - Fire Basic Incident City Name (FD1.16): VERNON ALRA GRS ALRA GRS 113 - Cooking fire, confined to container 151 - Outside rubbish, trash or waste fire 118 - Trash or rubbish fire, contained 150 - Outside rubbish fire, other 1 1 1 1 1 2 1 0$0 MISC1 MISC1 MISC1 RUB MISC1 MISC1 MISC1 RUB 151 - Outside rubbish, trash or waste fire 151 - Outside rubbish, trash or waste fire 3 . . Item 5 Page 3 of 13 CITY OF VERNON STATISTICS FEBRUARY 2024 INCIDENT SUMMARY Cad Initial Cad Incident Type Description Fire Initial Cad Incident Type Description (FD1.86) Basic Incident Type Code And Description (FD1.21) Number of incidents Property Loss Content Loss Acres Burned RUB RUB 154 - Dumpster or other outside trash receptacle fire 1 $500 TREE VEH TREE VEH 130 - Mobile property (vehicle) fire, other 131 - Passenger vehicle fire 1 1 2 $8,000 $5,000 $2,500 1,000 10,000 VEHL VEHL 132 - Road freight or transport vehicle fire Total: 12 Total: $16,000 Total: 11,001 Total: 12 Total: $16,000 Total: 11,001 Total: 0 Total: 0 Basic Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident Basic Incident City Name (FD1.16): VERNON ASSLT ASSLT 321 - EMS call, excluding vehicle accident with injury 1 1BLEEDABLEEDA321 - EMS call, excluding vehicle accident with injury CP CP CP CP 300 - Rescue, EMS incident, other 1 3321 - EMS call, excluding vehicle accident with injury CVA DB CVA DB 321 - EMS call, excluding vehicle accident with injury 2 1321 - EMS call, excluding vehicle accident with injury DIAA EMS EMS DIAA EMS EMS 300 - Rescue, EMS incident, other 300 - Rescue, EMS incident, other 1 1 2321 - EMS call, excluding vehicle accident with injury EYE INJA EYE INJA 321 - EMS call, excluding vehicle accident with injury 1 9321 - EMS call, excluding vehicle accident with injury INJB INJB INJB INJB 311 - Medical assist, assist EMS crew 1 2321 - EMS call, excluding vehicle accident with injury INJB INJB 322 - Motor vehicle accident with injuries 1 1POISONPOISON321 - EMS call, excluding vehicle accident with injury SICKA SICKB STAB SICKA SICKB STAB 321 - EMS call, excluding vehicle accident with injury 1 2 1 321 - EMS call, excluding vehicle accident with injury 321 - EMS call, excluding vehicle accident with injury 4 . . Item 5 Page 4 of 13 CITY OF VERNON STATISTICS FEBRUARY 2024 INCIDENT SUMMARY Cad Initial Cad Incident Type Description Fire Initial Cad Incident Type Description (FD1.86) Basic Incident Type Code And Description (FD1.21) Number of incidents Property Loss Content Loss Acres Burned TCA TCA 321 - EMS call, excluding vehicle accident with injury 4 TCB TCB TCB TCB 300 - Rescue, EMS incident, other 1 3321 - EMS call, excluding vehicle accident with injury TCB TCB TCB TCB 322 - Motor vehicle accident with injuries 4 1324 - Motor vehicle accident with no injuries. TCSTR UNC TCSTR UNC 321 - EMS call, excluding vehicle accident with injury 1 3 2 321 - EMS call, excluding vehicle accident with injury WATER WATER 363 - Swift water rescue 363 - Swift water rescue Total: 51 Total: $0 Total: 0 Total: 0 Basic Incident City Name (FD1.16): VERNON CO WATER WATER 1 Total: 1 Total: 52 Total: $0 Total: $0 Total: 0 Total: 0 Total: 0 Total: 0 Basic Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) Basic Incident City Name (FD1.16): VERNON HM HM 420 - Toxic condition, other 1 Total: 1 Total: 1 Total: $0 Total: $0 Total: 0 Total: 0 Total: 0 Total: 0 Basic Incident Type Category (FD1.21): 5 - Service Call Basic Incident City Name (FD1.16): VERNON EMS EMS 551 - Assist police or other governmental agency 1 HYD HYD 522 - Water or steam leak 1 Total: 2 Total: 2 Total: $0 Total: $0 Total: 0 Total: 0 Total: 0 Total: 0 Basic Incident Type Category (FD1.21): 6 - Good Intent Call Basic Incident City Name (FD1.16): VERNON 911 911 611 - Dispatched and cancelled en route 600 - Good intent call, other 1 2ALRA ALRA ALRAR ALRWF ALRA ALRA ALRAR ALRWF 611 - Dispatched and cancelled en route 611 - Dispatched and cancelled en route 600 - Good intent call, other 16 1 1 5 . . Item 5 Page 5 of 13 CITY OF VERNON STATISTICS FEBRUARY 2024 INCIDENT SUMMARY Cad Initial Cad Incident Type Description Fire Initial Cad Incident Type Description (FD1.86) Basic Incident Type Code And Description (FD1.21) Number of incidents Property Loss Content Loss Acres Burned ALRWF ALRWFR ALRWFR EMS ALRWF ALRWFR ALRWFR EMS 611 - Dispatched and cancelled en route 600 - Good intent call, other 6 1 1 3 1 1 3 2 2 1 1 1 3 1 1 611 - Dispatched and cancelled en route 600 - Good intent call, other INVI INVI 600 - Good intent call, other INVI INVI 611 - Dispatched and cancelled en route 611 - Dispatched and cancelled en route 611 - Dispatched and cancelled en route 600 - Good intent call, other INVO MISC1 SICKB SICKB STRC TCA INVO MISC1 SICKB SICKB STRC TCA 611 - Dispatched and cancelled en route 611 - Dispatched and cancelled en route 611 - Dispatched and cancelled en route 600 - Good intent call, otherTCBTCB TCT TCT 611 - Dispatched and cancelled en route 600 - Good intent call, otherUNCUNC Total: 49 Total: 49 Total: $0 Total: $0 Total: 0 Total: 0 Total: 0Total: 0 Basic Incident Type Category (FD1.21): 7 - False Alarm & False Call Basic Incident City Name (FD1.16): VERNON ALRA ALRA ALRA ALRA ALRA ALRA 700 - False alarm or false call, other 730 - System malfunction, other 3 1 1741 - Sprinkler activation, no fire - unintentional ALRA ALRA ALRA ALRA 744 - Detector activation, no fire - unintentional 1 3745 - Alarm system activation, no fire - unintentional ALRWF ALRWF ALRWF ALRWF ALRWF ALRWF 700 - False alarm or false call, other 730 - System malfunction, other 1 1 1745 - Alarm system activation, no fire - unintentional INVI INVI 730 - System malfunction, other 1 Total: 13 Total: 13 Total: $0 Total: $0 Total: 0 Total: 0 Total: 0 Total: 0 Total: 0Total: 130 Total: $16,000 Total: 11,001 6 . . Item 5 Page 6 of 13 CITY OF VERNON STATISTICS FEBRUARY 2024 CITY DETAILS CITY DETAILS: Alarm Date Time Basic Incident Number (FD1) Cad Initial Cad Incident Type Description Incident Type Address Basic Incident Full Street Address Basic First Arrived At Scene Apparatus ID Basic Property Losses (FD1.35) Basic Content Losses (FD1.36) 02/01/24 LAC24039147 HYD 522 - Water or steam leak South ALAMEDA Street and E 49TH ST VERNON CA 90058 South ALAMEDA Street and E 49TH ST 02/01/24 02/01/24 02/02/24 LAC24039555 LAC24039600 LAC24040152 HM 420 - Toxic condition, other 3336 FRUITLAND Avenue 3336 FRUITLAND E13 E13 E52 VERNON CA 90058 Avenue CP 300 - Rescue, EMS incident, other 4540 East 50TH Street VERNON CA 90058 4540 East 50TH Street ASSLT 321 - EMS call, excluding vehicle accident with injury 4305 South SANTA FE Avenue VERNON CA 90058 4305 South SANTA FE Avenue 02/03/24 LAC24041856 VEHL 132 - Road freight or transport vehicle fire East LEONIS Boulevard and S BOYLE AV VERNON CA 90058 East LEONIS Boulevard and S BOYLE AV E13 E52 2,500 02/03/24 02/03/24 LAC24042417 LAC24042453 ALRWF 611 - Dispatched and cancelled en route 4425 East 49TH Street VERNON CA 90058 4425 East 49TH Street POISON 321 - EMS call, excluding vehicle accident with injury 2920 South SANTA FE Avenue VERNON CA 90058 2920 South SANTA FE Avenue 02/03/24 02/04/24 LAC24042468 LAC24042576 ALRA VEHL 611 - Dispatched and cancelled en route 3141 East 44TH Street VERNON CA 90058 3141 East 44TH Street 132 - Road freight or transport vehicle fire 5000 South PACIFIC Boulevard and S PACIFIC BLVD VERNON CA 90058 PACIFIC BLVD 5000 South PACIFIC Boulevard and S E52 E1302/04/24 02/04/24 02/05/24 LAC24042847 LAC24042885 LAC24043984 INVI ALRA 911 600 - Good intent call, 4425 East 49TH Street other 4425 East 49TH StreetVERNON CA 90058 611 - Dispatched and cancelled en route 3141 East 44TH Street VERNON CA 90058 3141 East 44TH Street 611 - Dispatched and cancelled en route 3810 South SANTA FE Avenue VERNON CA 90058 3810 South SANTA FE Avenue 02/05/24 02/05/24 LAC24044156 LAC24044187 ALRA 611 - Dispatched and cancelled en route 4401 South DOWNEY Road VERNON CA 90058 4401 South DOWNEY Road WATER 363 - Swift water rescue LOS ANGELES River and BANDINI BLVD VERNON CO CA 90058 LOS ANGELES River S13 and BANDINI BLVD 02/05/24 LAC24044197 INJA 321 - EMS call, excluding vehicle accident with injury 5050 EVERETT Court VERNON CA 90058 5050 EVERETT Court T164 7 . . Item 5 Page 7 of 13 CITY OF VERNON STATISTICS FEBRUARY 2024 CITY DETAILS Alarm Date Time Basic Incident Number (FD1) Cad Initial Cad Incident Type Description Incident Type Address Basic Incident Full Street Address Basic First Arrived At Scene Apparatus ID Basic Property Losses (FD1.35) Basic Content Losses (FD1.36) 02/05/24 02/05/24 LAC24044212 LAC24044543 TCT 611 - Dispatched and cancelled en route ROSS Street and E 37TH ST VERNON CA 90058 ROSS Street and E 37TH ST E9 EYE 321 - EMS call, excluding vehicle accident with injury 3737 South SOTO Street VERNON CA 90058 3737 South SOTO Street E52 02/05/24 02/07/24 02/07/24 LAC24044626 LAC24046452 LAC24046652 BLEEDA WATER VEH 321 - EMS call, excluding vehicle accident with injury 3851 South SOTO Street VERNON CA 90058 3851 South SOTO Street E52 Q13 E13 363 - Swift water rescue BANDINI Boulevard and S SOTO ST VERNON CA 90058 BANDINI Boulevard and S SOTO ST 131 - Passenger vehicle fire 3000 East LEONIS Boulevard VERNON CA 90058 3000 East LEONIS Boulevard 5,000 10,000 02/07/24 02/08/24 02/08/24 LAC24046848 LAC24047960 LAC24048250 ALRWF ALRA 700 - False alarm or false call, other 2825 East 44TH Street VERNON CA 90058 2825 East 44TH Street 611 - Dispatched and cancelled en route 4401 South DOWNEY Road VERNON CA 90058 4401 South DOWNEY Road STAB 321 - EMS call, excluding vehicle accident with injury 4412 South PACIFIC Boulevard VERNON CA 90058 4412 South PACIFIC Boulevard S13 02/08/24 LAC24048610 TCB 600 - Good intent call, South DOWNEY Road and South DOWNEY Road E13 other E 45TH ST VERNON CA 90058 and E 45TH ST 02/09/24 02/09/24 02/09/24 LAC24048900 LAC24049146 LAC24049441 MISC1 ALRA TCB 118 - Trash or rubbish 3600 South SOTO Street 3600 South SOTO Street E52 fire, contained VERNON CA 90058 611 - Dispatched and cancelled en route 2929 East 44TH Street VERNON CA 90058 2929 East 44TH Street 321 - EMS call, excluding vehicle accident with injury East 55TH Street and S SANTA FE AV VERNON CA 90058 East 55TH Street and E52 S SANTA FE AV 02/09/24 02/10/24 LAC24049552 LAC24050303 ALRWF TCA 611 - Dispatched and cancelled en route 2929 East 44TH Street VERNON CA 90058 2929 East 44TH Street 611 - Dispatched and cancelled en route South DOWNEY Road and South DOWNEY Road S13 DISTRICT BLVD VERNON and DISTRICT BLVD CA 90058 02/10/24 02/10/24 LAC24050339 LAC24050342 ALRA 611 - Dispatched and cancelled en route 3336 FRUITLAND Avenue 3336 FRUITLAND VERNON CA 90058 Avenue SICKB 600 - Good intent call, 4580 South PACIFIC other 4580 South PACIFIC Boulevard E52 Boulevard VERNON CA 90058 8 . . Item 5 Page 8 of 13 CITY OF VERNON STATISTICS FEBRUARY 2024 CITY DETAILS Alarm Date Time Basic Incident Number (FD1) Cad Initial Cad Incident Type Description Incident Type Address Basic Incident Full Street Address Basic First Arrived At Scene Apparatus ID Basic Property Losses (FD1.35) Basic Content Losses (FD1.36) 02/11/24 LAC24051781 ALRA 600 - Good intent call, 3365 East SLAUSON 3365 East SLAUSON E13 AvenueotherAvenue VERNON CA 90058 02/11/24 02/11/24 02/11/24 LAC24051809 LAC24052333 LAC24052420 RUB 151 - Outside rubbish, 4641 HAMPTON Street 4641 HAMPTON Street E52 E13 E52 trash or waste fire VERNON CA 90058 ALRWF TCB 730 - System malfunction, other 4425 East 49TH Street VERNON CA 90058 4425 East 49TH Street 322 - Motor vehicle accident with injuries South SANTA FE Avenue and E VERNON AV South SANTA FE Avenue and E VERNON AVVERNON CA 90058 02/11/24 02/11/24 02/12/24 LAC24052444 LAC24052462 LAC24052568 ALRWF INVI 611 - Dispatched and cancelled en route 4425 East 49TH Street VERNON CA 90058 4425 East 49TH Street 730 - System malfunction, other 4425 East 49TH Street VERNON CA 90058 4425 East 49TH Street E13 E52UNC321 - EMS call, excluding vehicle accident with injury South PACIFIC Boulevard and S SANTA FE AV VERNON CA 90058 South PACIFIC Boulevard and S SANTA FE AV 02/12/24 02/12/24 LAC24052749 LAC24052794 EMS TCB 600 - Good intent call, 5370 South BOYLE 5370 South BOYLE Avenue E13 other Avenue VERNON CA 90058 322 - Motor vehicle accident with injuries LOMA VISTA Avenue and DISTRICT BLVD VERNON and DISTRICT BLVD CA 90058 LOMA VISTA Avenue E13 02/12/24 02/12/24 02/12/24 02/12/24 LAC24052860 LAC24053021 LAC24053287 LAC24053336 ALRWFR ALRA 611 - Dispatched and cancelled en route 2110 East 51ST Street VERNON CA 90058 2110 East 51ST Street 611 - Dispatched and cancelled en route 3055 East 44TH Street VERNON CA 90058 3055 East 44TH Street ALRA 113 - Cooking fire, confined to container 2590 HARRIETT Street VERNON CA 90058 2590 HARRIETT Street E52 E52 1 ALRA 744 - Detector activation, no fire - unintentional 2360 East 48TH Street VERNON CA 90058 2360 East 48TH Street 02/12/24 02/13/24 02/13/24 LAC24053508 LAC24053907 LAC24054095 INJB INJA ALRA 321 - EMS call, excluding vehicle accident with injury 5685 South ALCOA Avenue VERNON CA 90058 5685 South ALCOA Avenue E13 E52 E13 321 - EMS call, excluding vehicle accident with injury 3737 South SOTO Street VERNON CA 90058 3737 South SOTO Street 730 - System malfunction, other 2037 East 38TH Street VERNON CA 90058 2037 East 38TH Street 9 . . Item 5 Page 9 of 13 CITY OF VERNON STATISTICS FEBRUARY 2024 CITY DETAILS Alarm Date Time Basic Incident Number (FD1) Cad Initial Cad Incident Type Description Incident Type Address Basic Incident Full Street Address Basic First Arrived At Scene Apparatus ID Basic Property Losses (FD1.35) Basic Content Losses (FD1.36) 02/14/24 02/14/24 LAC24055170 LAC24055709 TCB 324 - Motor vehicle accident with no injuries. South BOYLE Avenue and South BOYLE Avenue E13 E 54TH ST VERNON CA 90058 and E 54TH ST SICKB 600 - Good intent call, East 57TH Street and S other East 57TH Street and E52 S 2ND ST2ND ST VERNON CA 90058 02/14/24 02/14/24 LAC24055749 LAC24055776 ALRA INJA 700 - False alarm or false call, other 2231 East 49TH Street VERNON CA 90058 2231 East 49TH Street E52 S13321 - EMS call, excluding vehicle accident with injury 5925 South ALCOA Avenue VERNON CA 90058 5925 South ALCOA Avenue 02/14/24 02/14/24 02/15/24 LAC24056018 LAC24056067 LAC24056825 TCA 321 - EMS call, excluding vehicle accident with injury 1 FRUITLAND Avenue and 1 FRUITLAND Avenue E13 S DOWNEY RD VERNON CA 90058 and S DOWNEY RD ALRA SICKA 741 - Sprinkler activation, no fire - unintentional 5502 South ALCOA Avenue VERNON CA 90058 5502 South ALCOA Avenue E13 E52321 - EMS call, excluding vehicle accident with injury 3301 SACO Street VERNON CA 90058 3301 SACO Street 02/15/24 02/16/24 02/16/24 LAC24056836 LAC24057940 LAC24058299 ALRA ALRA TCB 611 - Dispatched and cancelled en route 4820 East 50TH Street VERNON CA 90058 4820 East 50TH Street 611 - Dispatched and cancelled en route 2825 East 44TH Street VERNON CA 90058 2825 East 44TH Street 322 - Motor vehicle accident with injuries South PACIFIC Boulevard and E LEONIS BLVD VERNON CA 90058 South PACIFIC Boulevard and E LEONIS BLVD E52 E5202/16/24 02/17/24 02/17/24 02/18/24 02/18/24 LAC24058337 LAC24058722 LAC24059261 LAC24059942 LAC24060226 TCA CP 321 - EMS call, excluding vehicle accident with injury South SANTA FE Avenue and E 25TH ST VERNON CA 90058 South SANTA FE Avenue and E 25TH ST 321 - EMS call, excluding vehicle accident with injury 3278 East SLAUSON Avenue VERNON CA 90058 3278 East SLAUSON S13 Avenue EMS EMS ALRA 321 - EMS call, excluding vehicle accident with injury FRUITLAND Avenue VERNON CA 90058 FRUITLAND Avenue E13 E52551 - Assist police or other governmental agency 2425 East 30TH Street VERNON CA 90058 2425 East 30TH Street 745 - Alarm system activation, no fire - unintentional 5353 South DOWNEY Road VERNON CA 90058 5353 South DOWNEY E13 Road 10 . . Item 5 Page 10 of 13 CITY OF VERNON STATISTICS FEBRUARY 2024 CITY DETAILS Alarm Date Time Basic Incident Number (FD1) Cad Initial Cad Incident Type Description Incident Type Address Basic Incident Full Street Address Basic First Arrived At Scene Apparatus ID Basic Property Losses (FD1.35) Basic Content Losses (FD1.36) 02/19/24 02/19/24 02/20/24 02/20/24 02/21/24 02/21/24 02/21/24 02/21/24 02/21/24 02/21/24 02/22/24 02/22/24 02/22/24 02/23/24 LAC24061240 LAC24061462 LAC24062292 LAC24063079 LAC24063580 LAC24063661 LAC24063676 LAC24063703 LAC24063796 LAC24064064 LAC24064814 LAC24064931 LAC24065455 LAC24066112 ALRA 745 - Alarm system activation, no fire - unintentional 4577 MAYWOOD Avenue VERNON CA 90058 4577 MAYWOOD Avenue E13 E13 E13 S13 ALRA INJB INJA ALRA CVA 745 - Alarm system activation, no fire - unintentional 5701 South BOYLE Avenue VERNON CA 90058 5701 South BOYLE Avenue 311 - Medical assist, assist EMS crew 4909 South ALCOA Avenue VERNON CA 90058 4909 South ALCOA Avenue 321 - EMS call, excluding vehicle accident with injury 2485 East VERNON Avenue VERNON CA 90058 2485 East VERNON Avenue 611 - Dispatched and cancelled en route 5503 South BOYLE Avenue VERNON CA 90058 5503 South BOYLE Avenue 321 - EMS call, excluding vehicle accident with injury 4580 South PACIFIC Boulevard VERNON CA 90058 4580 South PACIFIC Boulevard E52 E52 E52 E52 S13 S13 E52 E52 E163 TCB 300 - Rescue, EMS incident, other East LEONIS Boulevard and S PACIFIC BLVD VERNON CA 90058 East LEONIS Boulevard and S PACIFIC BLVD TCB 322 - Motor vehicle accident with injuries South PACIFIC Boulevard and E LEONIS BLVD VERNON CA 90058 South PACIFIC Boulevard and E LEONIS BLVD CVA 321 - EMS call, excluding vehicle accident with injury 3870 SEVILLE Avenue VERNON CA 90058 3870 SEVILLE Avenue TCA 321 - EMS call, excluding vehicle accident with injury 4988 CORONA Avenue VERNON CA 90058 4988 CORONA Avenue TCA 321 - EMS call, excluding vehicle accident with injury 1 South BOYLE Avenue and E SLAUSON AV VERNON CA 90058 1 South BOYLE Avenue and E SLAUSON AV INVI 611 - Dispatched and cancelled en route 3737 South SANTA FE Avenue VERNON CA 90058 3737 South SANTA FE Avenue MISC1 ALRWFR 611 - Dispatched and cancelled en route BANDINI Boulevard and S SOTO ST VERNON CA 90058 BANDINI Boulevard and S SOTO ST 600 - Good intent call, 5015 DISTRICT Boulevard 5015 DISTRICT other VERNON CA 90058 Boulevard 11 . . Item 5 Page 11 of 13 CITY OF VERNON STATISTICS FEBRUARY 2024 CITY DETAILS Alarm Date Time Basic Incident Number (FD1) Cad Initial Cad Incident Type Description Incident Type Address Basic Incident Full Street Address Basic First Arrived At Scene Apparatus ID Basic Property Losses (FD1.35) Basic Content Losses (FD1.36) 02/23/24 02/23/24 02/23/24 02/23/24 02/23/24 LAC24066174 LAC24066175 LAC24066845 LAC24067044 LAC24067058 SICKB 321 - EMS call, excluding vehicle accident with injury 2451 East 57TH Street VERNON CA 90058 2451 East 57TH Street E52 E13EMS INJB CP 600 - Good intent call, 5500 South BOYLE other 5500 South BOYLE AvenueAvenue VERNON CA 90058 322 - Motor vehicle accident with injuries East 55TH Street and MALABAR ST VERNON CA 90058 East 55TH Street and E52 MALABAR ST 321 - EMS call, excluding vehicle accident with injury 1 South SANTA FE Avenue 1 South SANTA FE and E 37TH ST VERNON CA 90058 E52 E13 E52 Avenue and E 37TH ST DB 321 - EMS call, excluding vehicle accident with injury 2901 FRUITLAND Avenue 2901 FRUITLAND VERNON CA 90058 Avenue 02/24/24 02/24/24 LAC24067484 LAC24067635 ALRA INJA 700 - False alarm or false call, other 2325 East 38TH Street VERNON CA 90058 2325 East 38TH Street 321 - EMS call, excluding vehicle accident with injury 5333 South DOWNEY Road VERNON CA 90058 5333 South DOWNEY S13 Road 02/24/24 02/24/24 02/24/24 02/24/24 02/25/24 LAC24067682 LAC24067975 LAC24068224 LAC24068354 LAC24068459 INVO EMS UNC GRS TREE 611 - Dispatched and cancelled en route South ALAMEDA Street and E 55TH ST VERNON CA 90058 South ALAMEDA Street and E 55TH ST 321 - EMS call, excluding vehicle accident with injury HAMPTON Street and FRUITLAND AV VERNON FRUITLAND AV CA 90058 HAMPTON Street and E52 321 - EMS call, excluding vehicle accident with injury FRUITLAND Avenue and GIFFORD AV VERNON CA and GIFFORD AV 90058 FRUITLAND Avenue E163 E52151 - Outside rubbish, South SANTA FE Avenue trash or waste fire South SANTA FE Avenue and E 26TH ST 0 0 and E 26TH ST VERNON CA 90058 130 - Mobile property (vehicle) fire, other 3338 East SLAUSON Avenue VERNON CA 90058 3338 East SLAUSON E13 Avenue 8,000 1,000 02/25/24 02/25/24 02/26/24 LAC24068462 LAC24068660 LAC24070150 VEH 6011 MALBURG Way VERNON CA 90058 6011 MALBURG Way Q13 ALRA TCSTR 611 - Dispatched and cancelled en route 5203 South DOWNEY Road VERNON CA 90058 5203 South DOWNEY E13 Road 321 - EMS call, excluding vehicle accident with injury 4801 South PACIFIC Boulevard and E LEONIS BLVD VERNON CA 90058 LEONIS BLVD 4801 South PACIFIC Boulevard and E E165 12 . . Item 5 Page 12 of 13 CITY OF VERNON STATISTICS FEBRUARY 2024 CITY DETAILS Alarm Date Time Basic Incident Number (FD1) Cad Initial Cad Incident Type Description Incident Type Address Basic Incident Full Street Address Basic First Arrived At Scene Apparatus ID Basic Property Losses (FD1.35) Basic Content Losses (FD1.36) 02/26/24 02/26/24 02/26/24 02/27/24 02/27/24 02/27/24 02/27/24 02/28/24 LAC24070485 LAC24070603 LAC24070685 LAC24071634 LAC24071700 LAC24071727 LAC24071881 LAC24072086 INJB 321 - EMS call, excluding vehicle accident with injury 3046 East 50TH Street VERNON CA 90058 3046 East 50TH Street E13 E52 E52 E52 E52 E52 E13 E52 UNC 321 - EMS call, excluding vehicle accident with injury South PACIFIC Boulevard and E 45TH ST VERNON CA 90058 South PACIFIC Boulevard and E 45TH ST STRC EMS 611 - Dispatched and cancelled en route South SANTA FE Avenue and E 26TH ST VERNON CA 90058 South SANTA FE Avenue and E 26TH ST 600 - Good intent call, South SANTA FE Avenue other South SANTA FE Avenue and E 26TH ST and E 26TH ST VERNON CA 90058 TCB 321 - EMS call, excluding vehicle accident with injury South ALAMEDA Street and E VERNON AV VERNON CA 90058 South ALAMEDA Street and E VERNON AV TCB 600 - Good intent call, East VERNON Avenue and East VERNON other S ALAMEDA ST VERNON Avenue and S CA 90058 ALAMEDA ST MISC1 SICKB 150 - Outside rubbish fire, other East VERNON Avenue and East VERNON S DOWNEY RD VERNON CA 90058 Avenue and S DOWNEY RD 321 - EMS call, excluding vehicle accident with injury 3805 South SOTO Street VERNON CA 90058 3805 South SOTO Street 02/28/24 02/29/24 LAC24072442 LAC24073361 Count: 101 TCB UNC 600 - Good intent call, 4401 South DOWNEY other Road VERNON CA 90058 4401 South DOWNEY E13 Road 600 - Good intent call, 4580 East 49TH Street other VERNON CA 90058 4580 East 49TH Street E13 13 . . Item 5 Page 13 of 13 City Council Agenda Report Meeting Date:April 16, 2024 From:Freddie Agyin, Director of Health and Environmental Control Department:Health and Environmental Control Submitted by:Veronica Petrosyan, Deputy Director of Health and Environmental Control Subject City of Vernon National Pollution Discharge Elimination System (NPDES) Permit Duly Authorized Representatives Recommendation A. Adopt Resolution No. 2024-05 repealing Resolution No. 2014-06 related to the NPDES Permit Authorized Representatives; and B. Authorize the Director of Public Works, Director of Health and Environmental Control and the General Manager of Vernon Public Utilities as duly authorized representatives, to sign, certify, and electronically submit permit registration documents, notices of termination, and any other documents, reports, or information required by the NPDES permit. Background Approximately 7250 permitted Municipal Separate Storm Sewer Systems (MS4s) exist nationwide, operating under an NPDES permit. The NPDES permit requires permittees to develop and implement a comprehensive Storm Water Management Program (SWMP) that must include pollution prevention measures, treatment or removal techniques, monitoring, use of legal authority, and other appropriate measures to control the quality of stormwater discharge to the storm drains. The NPDES permit is issued to the County of Los Angeles and 84 cities by the California Regional Water Quality Control Board, Los Angeles Region (Board). The NPDES permits are issued for a five-year term and include required reports and responses to the Board, which must be signed by a principal executive officer, ranking elected official, or a duly authorized representative of a principal executive officer or ranking elected official. Even if the principal executive officer (e.g., City Administrator) or ranking elected official (e.g., Mayor) intends to sign the required reports and other information for the NPDES Permit, the City may choose to have a duly authorized representative on file with the Board. On March 4, 2014, the City adopted Resolution No. 2014-06 to designate the Director of Community Services and Water and the Director of Light and Power as duly authorized representatives. Departmental changes and staff title changes since then require new designations for duly authorized representatives to reflect the correct city positions having responsibility for the NPDES permit. Pursuant to Section 40 CFR 122.22 (a)(3), (b) and (b)(2), signatories for permit applications and reports may be either a principal executive officer (City Administrator) or ranking elected official or a duly authorized representative (specified by either name or position) of that person. Since the City’s stormwater program responsibilities reside with the Department of Public Works, Department of Health and Environmental Control, and Vernon Public Utilities, the City Administrator desires to designate the Director of Public Works, Director of Health and Environmental Control, and Vernon Public Utilities General Manager as duly authorized representatives. While authorized representatives are permissible under the CFR Section aforementioned, pursuant to Vernon Municipal Code Section 3.32.040, signatory authority must be delegated by the City Council. As such, it would be appropriate for Council to authorize said staff positions to sign, certify, and electronically submit permit registration . . Item 6 Page 1 of 2 documents, notices of termination, and any other documents, reports, or information required by the NPDES permit. Resolution No. 2024-05 repeals Resolution No. 2014-06 as the staff titles designated previously are obsolete and future NPDES authorizations will be made by minute order. Fiscal Impact There is no fiscal impact associated with this report. Attachments 1. Resolution No. 2024-05 . . Item 6 Page 2 of 2 RESOLUTION NO. 2024-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON REPEALING RESOLUTION NO. 2014-06 RELATED TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT AUTHORIZED REPRESENTATIVES SECTION 1. Recitals. A. On March 4, 2014, the City Council adopted Resolution No. 2014-06 authorizing City staff to sign, certify, and electronically submit permit registration documents, notices of termination, and any other documents, reports, or information which pertain to the City of Vernon and on the City’s behalf required by (1) the Municipal National Pollutant Discharge Elimination System (NPDES) Permit and any NPDES Permit related documents, and (2) the General Construction Activities Stormwater NPDES Permit as it relates to Public Utilities projects. B. By memorandum dated April 16, 2024, the Director of Health & Environmental Control has recommended that City Council adopt a resolution repealing Resolution No. 2014-06 because the staff titles therein are obsolete and future NPDES authorizations will be made by minute order. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2. The City Council of the City of Vernon finds and determines that the above recitals are true and correct. SECTION 3. The City Council of the City of Vernon hereby repeals Resolution No. 2014-06. / / / / / / / / / / / / . . Item 6 Page 1 of 2 Resolution No. 2024-05 Page 2 of 2 _______________________ SECTION 4. The Deputy City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED April 16, 2024. ________________________ CRYSTAL LARIOS, Mayor ATTEST: YONNIE PARKER, Deputy City Clerk (seal) APPROVED AS TO FORM: ZAYNAH N. MOUSSA, City Attorney . . Item 6 Page 2 of 2 City Council Agenda Report Meeting Date:April 16, 2024 From:Daniel S. Wall, P.E., Director of Public Works Department:Public Works Submitted by:Manuel Garcia, Deputy Director of Public Works Subject Arbor Day Proclamation and Application for Tree City USA 2024 Recommendation A. Proclaim April 26, 2024 as Arbor Day in the City of Vernon; B. Authorize the Public Works Department to apply to the Arbor Day Foundation for Tree City USA 2024 certification; and C. Authorize the Mayor to sign the 2024 Tree City USA Application for Certification when it becomes available. Background Arbor Day originated in Nebraska City, Nebraska in 1872. The Nebraska State Board of Agriculture accepted a resolution by J. Sterling Morton "to set aside one day to plant trees, both forest and fruit." Since then, all 50 states have passed legislation adopting Arbor Day, which is celebrated on a date appropriate for tree planting in each state's respective region. California's official Arbor Day is recognized annually on March 7, however, the benefits of trees may be celebrated at any time of year. The City’s proclamation coincides with National Arbor Day which falls on April 26, 2024. It is recommended that City Council proclaim April 26, 2024, as Arbor Day in the City of Vernon. Additionally, staff seeks Council's authorization to apply for Tree City USA designation as provided by the Arbor Day Foundation. On November 19, 2019, the City adopted Ordinance No. 1263, the "Tree Ordinance," which establishes that the Director of Public Works shall be responsible for the enforcement of the Tree Ordinance and the maintenance of City-owned trees. Furthermore, the Public Works Department (Department) maintains a budget of $100,000 (close to $500 per capita) for tree planting and maintenance. The Department continues to maintain and expand the City’s urban forest, recognizing the importance of trees as a source of beauty and comfort that creates a healthy living environment, promotes energy conservation, and improves air quality. The Arbor Day Foundation is a national non-profit organization dedicated to planting trees and improving the environment. The Arbor Day Foundation, in partnership with the U.S. Forest Services and National Association of State Foresters, recognizes cities throughout the nation under its Tree City USA program. The Department seeks City Council authorization to submit an application to the Arbor Day Foundation for the City of Vernon to be designated a Tree City USA for the fifth year. There are four (4) requirements that must be met prior to submittal of a Tree City USA application to ensure that every qualifying community has a viable tree management program. The City has already met the first three requirements and by proclaiming April 26, 2024, as Arbor Day in Vernon, the City will have fulfilled all four of the requirements noted below: 1) Designate a responsible Tree Board/Department; 2) Possess an adopted Tree Ordinance; 3) Implement a Community Forestry Program with an annual budget of at least $2 per capita; . . Item 7 Page 1 of 2 and 4) Proclaim and Observe Arbor Day. The City of Vernon was honored with the Tree City USA designation in past years. The proposed application would be submitted for the City to be considered for certification as a Tree City USA for the year 2024. Fiscal Impact There is no fiscal impact associated with this report. Attachments 1. 2024 Arbor Day Proclamation . . Item 7 Page 2 of 2 ~ /~"' "~ ..~ VET -~ ~~.~~ `~ ~, ~ F O R N i ,~1 A PROCLAMATION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON DECLARING APRIL 26, 2024 AS ARBOR DAY WHEREAS, in 1872, the Nebraska Board of Agriculture established a special day to be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, trees are an important tool in combating climate change by reducing the erosion of our precious topsoil by wind and water, cutting heating and cooling costs, moderating the temperature, cleaning the air, producing life-giving oxygen, and providing habitats for wildlife; and WHEREAS, the City of Vernon recognizes the importance of trees in our daily lives as a source of beauty and comfort by improving community appearance, creating a healthier living environment, promoting energy conservation, moderating temperature and providing shade, heat reflection and wind protection, and improving air quality; and WHEREAS, the City of Vernon is committed to continuing its tree-planting endeavors; and WHEREAS, to promote community awareness of the importance of trees, the Mayor and City Council of the City of Vernon, on behalf of its employees, residents, and businesses, encourage all citizens to plant trees to promote the wellbeing of present and future generations. NOW, THEREFORE, THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON, ON BEHALF OF ITS EMPLOYEES, RESIDENTS AND BUSINESSES HEREBY DECLARES APRIL 26, 2024, AS ARBOR DAY. THIS PROCLAMATION IS BEING PRESENTED BY THE HONORABLE MAYOR CRYSTAL LARIOS FOR AND ON BEHALF OF THE CITY COUNCIL OF THE CITY OF VERNON THIS 16TH OF APRIL, TWO THOUSAND AND TWENTY-FOUR. CITY OF VERNON CRYSTAL LARIOS, Mayor . . Item 7 Page 1 of 1 City Council Agenda Report Meeting Date:April 16, 2024 From:Daniel S. Wall, P.E., Director of Public Works Department:Public Works Submitted by:Lissette Melendez, Project Engineer Subject Contract with Bear Electrical Solutions, Inc. for Citywide Traffic Signal Maintenance and Repair FY 2024 Project - Contract No. 20240283 Recommendation A. Find that the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15301, because the project consists of the maintenance, repair or minor alteration of existing traffic signals and involves negligible or no expansion of an existing use; B. Accept the bid from Bear Electrical Solutions, Inc. (Bear Electrical) as the lowest responsive and responsible bidder, and reject all other bids; C. Approve and authorize the City Administrator to execute a contract with Bear Electrical in substantially the same form as submitted, for the Citywide Traffic Signal Maintenance and Repair FY 2024 Project, in an amount not-to-exceed $200,000 per year for a total of $600,000 over the three-year term of Contract No. 20240283; and D. Authorize a contingency of ten percent (10%) or $60,000 in the event of an unexpected changed condition or additional extraordinary maintenance and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount, if necessary. Background The City of Vernon currently operates 42 traffic signals and requires the services of a vendor that can provide monthly inspection and maintenance services for the City’s traffic signals. In addition, the vendor must be capable of performing emergency repairs on damaged or non-functioning equipment at all locations including repair or replacement of failed components and the emergency replacement of equipment damaged by vehicular accidents. This extraordinary work will be performed on an on-call basis available 24 hours a day, 7 days a week. In accordance with Vernon Municipal Code (VMC) Section 3.32.070, on February 13, 2024, the City Administrator authorized the advertisement of the Notice Inviting Sealed, Competitive Bids for the Citywide Traffic Signal Maintenance and Repair FY 2024 Project. The Notice Inviting Bids was advertised on the Planetbids online platform and published in the Huntington Park Bulletin. The Notice Inviting Bids published included the City’s standard contract template as approved by the City Council. The bids for Contract No. 20240283, Citywide Traffic Signal Maintenance and Repair FY 2024 Project, were received and opened on March 6, 2024. The calculated results were as follows: 1. Bear Electrical Solutions, Inc. $ 339,250.00 2. Crosstown Electrical & Data $ 351,902.00 4. Yunex Traffic $ 502,259.00 Staff reviewed the bids received and deemed the bid received from Bear Electrical was the lowest responsive and responsible bid. Accordingly, staff recommends that a contract agreement be awarded to Bear Electrical in the amount of $600,000. Bids were used for comparison purposes only, as the actual scope of work is not definitively known. Staff defined an assortment of general . . Item 8 Page 1 of 2 services to determine a low bidder because exact quantities and types of services needed are unpredictable. Under the proposed contract, the City of Vernon will pay $47,880.00 per year for preventative maintenance. The remaining funds will be used towards extraordinary (emergency) work, which will be based on actual time and materials established by the unit prices provided. Additionally, staff recommends the authorization of a $60,000 contingency in the event of unexpected changed conditions or extraordinary maintenance. The proposed contract has been reviewed and approved as to form by the City Attorney’s Office. Fiscal Impact The fiscal impact is not-to-exceed $660,000 for the three-year term of the contract, including a contingency amount of $60,000. Sufficient funds are available in the General Fund, Public Works Department, Street Maintenance Division, Repairs and Maintenace Account No. 011-040-430- 529000 for the current fiscal year and will be budgeted in subsequent fiscal years. Attachments 1. Contract No. 20240283: Citywide Traffic Signal Maintenance & Repair FY2024 . . Item 8 Page 2 of 2 STANDARD FORM OF CONSTRUCTION CONTRACT BETWEEN CITY AND CONTRACTOR This Agreement is made and entered into at Vernon, California this 1st day of May , 2024, by and between the CITY OF VERNON, a California charter City and municipal corporation (hereinafter "City") and Bear Electrical Solutions, Inc., a California corporation (hereinafter "Contractor"), for construction of Citywide Traffic Signal Maintenance & Repair FY2024, Contract No. 20240283. 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 2 – Payment Bond F. Exhibit 3 – Maintenance Bond G. Exhibit 4 – Insurance Requirements H. Exhibit 5 – Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit I. Exhibit B – Special Provisions Specific for this Project J. Exhibit C – Equal Employment Opportunity Practices Provisions K. Notice Inviting Bids L. Instructions to Bidders M. Bid Forms N. Designation of Subcontractors Page 1 of 120 . . Item 8 Page 1 of 221 O. Bidding Addenda Nos. 1_ REFERENCE DOCUMENTS2. 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. None 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: Citywide Traffic Signal Maintenance & Repair FY2024 Contract No. 20240283 4.TIME FOR PERFORMANCE Contract Time. Contractor shall achieve Substantial Completion of the Work within 1095 calendar days from the Date of Commencement established in City’s written Notice to Proceed (“Contract Time”), subject to adjustment in accordance with the Contract Documents. Contractor shall achieve Final Completion of the Work, within the time established by the Certificate of Substantial Completion issued by the City. The Contract Time may only be adjusted as permitted by this Construction Contract and the General Conditions. Time is of the essence of this Agreement. Except when the Contract Documents state otherwise, time is of the essence in the performance of the Work. Contractor acknowledges that the time limits and deadlines set forth in the Contract Documents are reasonable for Contractor to perform and complete the Work. Liquidated Damages. If Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time for Substantial Completion, Contractor shall pay City as liquidated damages the amount of five-hundred dollars ($500) per day, with respect to Contractor’s non-completion of the monthly Routine Maintenance Inspection Page 2 of 120 . . Item 8 Page 2 of 221 . . Item 8 Page 3 of 221 . . Item 8 Page 4 of 221 . . Item 8 Page 5 of 221 EXHIBIT A GENERAL CONDITIONS ARTICLE 1 - PRELIMINARY PROVISIONS 1.01 DEFINITIONS The following words shall have the following meanings: A.Allowance. A line item cost estimate established by the City to be carried in the Base Bid sum, Contract Sum, and Schedule of Values for Payment for a particular item of Work, which cannot be sufficiently defined so as to allow the Contractor to adequately determine fair value before the Bid Deadline. Allowances include estimated amounts established by the City for certain construction elements that have not yet been fully designed or authorized for inclusion in the Work or to permit deferred approval or selection of actual materials and equipment to a later date when additional information is available for evaluation. B.As-Builts. The documents prepared by Contractor showing the condition of the Work as actually built, including, without limitation, all changes and the exact locations of all mechanical, electrical, plumbing, HVAC or other portions of the Work that are shown diagrammatically in the Contract Documents. C. D. E. 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). 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. 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. H. Bidder. The individual, partnership, firm, corporation, joint venture or other legal entity submitting a bid on these Contract Documents or any part thereof. 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. Page 4 of 120 . . Item 8 Page 6 of 221 I.Change Order. A Change Order is a written document prepared by the City reflecting the agreement between the City and Contractor for: a change in the terms or conditions of the Contract, if any; a specific Scope Change in the Work; the amount of the adjustment, if any, in the Contract Sum; and the extent of the adjustment, if any, in the Contract Time. J.Change Order Request (COR). A Change Order Request is a written document originated by the Contractor, which describes an instruction issued by the City after the effective date of the Contract, which Contractor believes to be a scope change that may result in changes to the Contract Sum or Contract Time or, which describes the need for or desirability of a change in the Work proposed by Contractor. K.City or Owner. The City of Vernon, California, acting through its City Council or other City officials authorized to act for the City, acting in its proprietary rather than regulatory capacity in connection with the Project. L.Construction Change Directive. A written order prepared and signed by the City directing a change in Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. M.Contract Documents. The Contract Documents are enumerated in the Construction Contract between City and Contractor and consist of: (1) the Bidding Requirements; (2) the Construction Contract; (3) the Conditions of the Contract (General, Supplementary, and Special, if applicable); (4) all Exhibits to the Contract; (5) the Drawings; (6) the Specifications; (7) all Addenda issued prior to the execution of the Contract; (8) all Modifications issued after the execution of the Contract; and (9) Governmental Approvals, including, but not limited to, permits. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. N.Contract. The Contract Documents form the Contract for Construction. The Contract Represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified on by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor. There shall be no third party beneficiaries of the Contract Documents. O. P. Contract Sum. The total amount of compensation stated in the Construction Contract that is payable to Contractor for the complete performance of the Work in accordance with the Contract Documents. Contract Time. The total number of days set forth in the Construction Contact within which Substantial Completion of the Work must be achieved beginning with the Date of Commencement established in the Notice to Proceed, subject to adjustments in accordance with the terms of the Contract Documents. The Contract Time for Contractor's performance of the Work is measured in calendar days (not work days). Q.Contractor. The individual, partnership, firm, corporation, joint venture or other legal entity with whom the Contract is made by City, or the agent or legal representative who may be appointed to represent 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. Page 5 of 120 . . Item 8 Page 7 of 221 R. S. T. Correction Period. Correction Period is synonymous with the terms of the correction guarantee period used in the Contract Documents. Date of Commencement. The date for commencement of the Work fixed by City in a Notice to Proceed to Contractor. 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 31st – 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 – Indigenous Peoples’ Day 9. November 11th – Veterans Day 10. The 4th Thursday in November – Thanksgiving Day 11. December 24th – Christmas Eve 12. December 25th – Christmas Day 13. December 31st – New Year’s Eve U. V. Director. The Director of the Public Works Department of the City of Vernon or his/her duly appointed representative. 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. Y. Field Directive. See, “Work Directive.” Final Completion. Final Completion is the stage of performance of the Work when (1) all Work required by the Contract Documents has been fully completed in compliance with the Contract Documents and all applicable laws including, but not limited to, correction or completion of all punch list items noted by City upon Substantial Completion; (2) Contractor has delivered to City an Application for Final Payment and all closeout documentation required by the Contract Documents; and (3) documentation of all final Governmental Approvals has been submitted to City including, but not limited to a final Certificate of Occupancy or equivalent Building Department sign-off has been issued covering the entire Project site without exception or conditions. Z.Force Majeure. “Force Majeure” includes but is not limited to declared or undeclared war, sabotage, insurrection, riot, or other acts of civil disobedience, labor disputes, fires, explosions, floods, earthquakes or other acts of God. Page 6 of 120 . . Item 8 Page 8 of 221 AA. BB. Fragnet. The sequence of new activities that are proposed to be added to an existing schedule. 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. EE. FF. GG. HH. II. Modification. A Modification is: (1) a written amendment to Contract signed by both parties; (2) a Change Order; or (3) a Construction Change Directive. Notice to Proceed. The Notice to Proceed is a document issued by the City fixing the date for Commencement for the Work. Parties. The City and Contractor may be referred to in the Contract Documents from time to time as the Parties. Permit Fees. Governmental Approvals and Utility Fees as required by any agency to be paid by the City of Vernon. Permit Fees Reimbursement. A payment made to the Contractor by the City in addition to the Contract Sum to compensate Contractor for the actual direct cost of all Permit Fees. Project. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the City or by separate contractors. JJ.Project Manual/Contract Package. The volumes of Contract Documents and reference documents assembled for the Work made available to Bidders. KK.Record Documents. The Drawings, Specifications, addenda, requests for information, bulletins, Change Orders and other modifications to the Contract Documents, approved shop drawings, product data, samples, mock-ups, permits, inspection reports, test results, daily logs, schedules, subcontracts, and purchase orders. Records Documents shall include a set of “As-Built” Drawings and Specifications, which shall be continuously updated during the prosecution of the Work. LL.Site. The physical area designated in the Contract Documents for Contractor's performance of the Work. MM.Specifications. The Specifications are the volume(s) assembled for the Work that includes, without limitation, the Bidding Documents, the Construction Contract and Exhibits, the General Conditions, Supplementary and/or Special Conditions, if any, the “GREENBOOK” STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2021 Edition), the Standard Plans for Public Works Construction (2021 Edition), State of California, Department of Transportation Standard Plans (2022 Edition) and State of California, Department of Transportation Standard Specifications (2018 Edition), and the City of Vernon Standard Plans. NN.Specifications. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards, and workmanship for the Work Page 7 of 120 . . Item 8 Page 9 of 221 and performance of related services, including, but not limited to, the Project Technical Specifications, Standard Specifications, if any, and any applicable Trade Association Specifications. OO.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. SS. 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. Work. The term "Work" means the construction and other services required by, and reasonably inferable from the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. TT.Work Directive. A Work Directive is a unilateral written order issued by the City directing Contractor to continue performance of the Work or to perform a disputed change in the Work prior to agreement or adjustment, if any, in the Contract Sum, Contract Time, or both. 1.02 REPRESENTATIVES A.The Director shall be the representative of the City and, except as otherwise expressly provided herein, shall make all decisions and interpretations to be made by the City under the provisions of the Contract Documents. B.The Contractor shall at all times be represented on the Work in person or by a duly designated agent. Instructions and information given by the Director to the Contractor's agent on the Work shall be considered as having been given to the Contractor. 1.03 PERMITS, INSPECTIONS, PLAN CHECKS, AND SIMILAR GOVERNMENTAL APPROVALS AND UTILITIES A. B. C. D. City of Vernon shall obtain all Governmental Approvals and Utility Fees required for the construction of the project. Contractor shall obtain a no-fee encroachment permit from the City of Vernon’s Public Works Department. 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. Where requirements of the Governmental Approvals differ from those of the Drawings and Page 8 of 120 . . Item 8 Page 10 of 221 Specifications, the more stringent requirements shall apply. LICENSES1.04 1.05 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. ALLOWANCES A. B. 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. 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. E. All expenditures for Allowance Work shall be separately itemized in each Application for Payment. To the extent that the cost of Work items covered by an Allowance is less than the Allowance cost estimate established by the City, the Contact Sum shall be reduced by Change Order or Construction Change Directive to reflect the actual cost of the Allowance item. Similarly, to the extent the cost of Work items covered by an Allowance is greater than the Allowance cost estimate, the Contract Sum shall be increased by Change Order or Construction Change Directive to reflect the actual cost of the Allowance item. If Work items covered by an Allowance are not performed or the City deletes such items from the Scope of Work, the Contract Sum shall be reduced by Change Order or Construction Change Directive to deduct the Cost of the unused Allowance item. 1.06 1.07 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. DATA TO BE FURNISHED BY THE CONTRACTOR The Contractor shall furnish the Director with such information as the Director may desire respecting the Page 9 of 120 . . Item 8 Page 11 of 221 character of the materials and the progress and manner of the Work, including all information necessary to determine the Contractor’s costs, such as the number of persons employed, their pay, the time during which they worked on the various classes of construction, and other pertinent data. 1.08 1.09 CONTRACT DRAWINGS The City will accept no responsibility for errors resulting from misinterpretation or scaling of the Drawings. 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. C. 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. 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. E. F. 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. 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. The City will furnish free of charge to the Contractor, a maximum of six (6) sets of Contract Drawings and Specifications. The Contractor shall pay for the costs of any additional sets or portions thereof. The Contractor shall be responsible to see that all sets are the same as the up-to-date approved set. 1.10 PRECEDENCE OF CONTRACT DOCUMENTS A.In the event of conflict between any of the Contract Documents, the provisions placing a more stringent requirement on the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials unless otherwise directed by City in writing. In the event none of the Contract Documents place a more stringent requirement or greater burden on the Contractor, the controlling provision shall be that which is found in the document with higher precedence in accordance with the following order of precedence: 1. 2. Governmental Approvals including, but not limited to, permits required for the Work Modifications issued after execution of the Contract (including modifications to Drawings and Specifications) Page 10 of 120 . . Item 8 Page 12 of 221 3.The Contract, including all exhibits, attachments, appendices and Addenda, with later Addenda having precedence over earlier Addenda Special Conditions, if any General Conditions Specifications Drawings 4. 5. 6. 7. 8.Bidding Requirements B.With reference to the Drawings, the order of precedence is as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. Change Order Drawings Addenda Drawings Contract Drawings Project Drawings Standard Drawings Detail Drawings General Drawings Figures Scaled dimensions C.Within the Specifications, the order of precedence is as follows: 1. 2. 3. 4. 5. Change Orders Special Conditions Project Technical Specifications Standard Specifications, if any Applicable Trade Association Specifications 1.11 NOTICE OF CONFLICTS If the Contractor, in the course of the Work, becomes aware of any claimed conflicts, errors or omissions in the Contract Documents or in the City's fieldwork or work of City's separate contractors, the Contractor shall immediately notify the Director in writing. The Director shall promptly review the matter, and if the Director finds a conflict, error or omission, the Director shall determine the corrective actions and advise the Contractor accordingly. If the correction associated with a conflict, error or omission increases or decreases the amount of Work called for in the Contract, the City shall issue an appropriate Change Order in accordance with the Contract Documents. After discovery of an error or omission by the Contractor, any related additional work performed by the Contractor shall be done at the Contractor's risk unless authorized by the Director. 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. 2. 3. 4. 5. 6. List of Subcontractors at Project site. List of other contractors at Project site. Approximate count of personnel at Project site. Equipment at Project site. Material deliveries. High and low temperatures and general weather conditions, including presence of rain or snow. Page 11 of 120 . . Item 8 Page 13 of 221 7.Accidents. 8.Meetings and significant decisions. 9.Unusual events. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Stoppages, delays, shortages, and losses. Meter readings and similar recordings. Emergency procedures. Orders and requests of authorities having jurisdiction. Change Orders received and implemented. Construction Change Directives received and implemented. Services connected and disconnected. Equipment or system tests and startups. Partial completions and occupancies. Substantial Completions authorized. List of visitors to Project Site. List of personnel at Project Site including names and job classifications. Description of Work for the day including locations, quantities and related bid items. Immediately upon discovery of a difference between field conditions and the Contract Documents, the Contractor shall prepare and submit a detailed report through a Request for Information (RFI). Include a detailed description of the differing conditions, together with recommendations for a remedy. The Daily Construction Report must be: signed by Contractor’s Superintendent, submitted within 24 hours (next Working Day) to the Director, and shall be made available to others as directed by City. 1.13 LINES, GRADES, AND MEASUREMENTS A.All lines and grades will be established by the Contractor. The Contractors shall carefully preserve all survey stakes and reference points as far as possible. Should any stakes or points be removed or destroyed unnecessarily by any act of the Contractor or his/her employees, they must be reset to the satisfaction of the Director, at the Contractor's expense. B. C. The Contractor shall inform the Director 48 hours (two Work Days) in advance of the times and places at which he/she intends to Work in order that inspection may be provided, and that necessary measurements for records and payments may be made with minimum inconvenience. No direct payment will be made for the cost to the Contractor of any of the Work or delay occasioned by giving lines and grades, by making other necessary measurements, or by inspection. 1.14 RIGHT OF WAY A.The site for the installation of equipment or the right of way for the Work to be constructed under this Contract will be provided by the City. B.The City will provide the appropriate rights of way and property for pipelines and structures. Upon approval by the Director, the Contractor may, without cost, use portions of any of the City's rights of way or property which may be suitable for working space and for storage of equipment and materials. The Contractor will be held responsible for any damage to structures, streets, and roads, trees and landscaping, and for any damage that may result from his/her use of City property. C.In case areas additional to those available on the City's rights of way or property are required by the Contractor for his/her operations, he/she shall make arrangements with the property owners for the use Page 12 of 120 . . Item 8 Page 14 of 221 of such additional areas at his/her own expense. CONTRACTOR’S OPERATIONS/STORAGE YARD1.15 In the event the Contractor requires space for the storage and/or staging of construction materials, supplies, equipment, stockpiling of debris, or any other needs required for construction operations, he/she shall acquire at his/her own expense such areas as he/she may desire. For properties within the City of Vernon, the staging area must be enclosed at Contractor’s expense with construction fencing covered with a mesh screen to limit visibility to the site. Private property used for storage of construction material or debris shall be restored to a legal condition with regard to appearance and maintenance upon conclusion of the project. Property should be graded and free of weeds and debris when project is completed. [END OF ARTICLE] Page 13 of 120 . . Item 8 Page 15 of 221 ARTICLE 2 - PERFORMANCE OF THE WORK 2.01 PERFORMANCE OF WORK - GENERAL Contractor shall, at its own cost and expense, furnish all necessary materials, labor, transportation, and equipment for doing and performing said Work and the materials used shall comply with the requirements of the Contract Documents. All Work shall be performed and completed as required in the Contract Documents, and subject to the approval of the Director, or his/her designated assistant. 2.02 2.03 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. STANDARD OF PERFORMANCE Contractor agrees that all services performed hereunder shall be provided in a manner commensurate with the highest professional standards and shall be performed by qualified and experienced personnel; that any Work performed by Contractor under the Contract will be performed in the best manner; that any material furnished shall be subject to the approval of the Director; and that both Work and materials will meet fully the requirements of the Contract Documents. Any work deemed unacceptable by the Director, whether a cause is determined or not shall be repaired or replaced by Contractor at Contractor’s expense. The Contractor shall be responsible for the final product and shall make any quality control, adjustments and corrections necessary to obtain the final product accepted by the City Engineer. The Contractor shall perform process and quality control sampling and testing and exercise management control the work of his/her subcontractors, technicians and workers to ensure that the milling, transporting, recycling, spreading, compaction, and finishing processes conform to these Specifications. The proficiency of testing laboratories and sampling and testing personnel shall be reviewed and approved by the City Engineer prior to providing services to the project. The City Engineer shall have unrestricted access to the laboratory, sampling, testing sites, and all information resulting from mix design and quality control activities. All Quality Control testing results shall be submitted to the City Engineer on a daily basis. 2.04 DEFECTIVE WORK Within the time periods that the City specifies, the Contractor shall correct all deficient, improperly executed, or unsatisfactory Work determined by the City. The Contractor shall remove and shall repair or replace, at his/her own expense any part of the Work that is deficient, improperly executed, or unsatisfactorily executed, even though it has been included in the monthly estimates. If he/she refuses or neglects to remove, repair, or replace such defective Work, prior to the City’s acceptance of the Work, it may be replaced by the City at the expense of the Contractor, plus 15% for overhead expenses, and his/her sureties shall be liable therefor. (See Paragraph 2.15 for curing defects after acceptance of the Work.) 2.05 CITY’S RIGHT TO CARRY OUT THE WORK A.Notwithstanding other remedies available to the City, if the Contractor defaults, fails to perform Work required by the Contract Documents, or otherwise neglects to carry out the Work in accordance with the Contract Documents and fails within a 48 hour period after receipt of written notice from the City to commence and correct such default, failure to perform, or neglect with diligence and promptness, the Page 14 of 120 . . Item 8 Page 16 of 221 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 submitted in writing via email to Lissette Melendez at lmelendez@cityofvernon.org or (a) delivered personally, (b) sent by certified mail, return receipt requested, or (c) sent by a recognized overnight mail or courier service, with delivery receipt requested, 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: Bear Electrical Solutions, Inc. 1252 State Street P.O. Box 924 Alviso, CA 95002 Attention: Phone: Email: Robert Asuncion, Vice President (408) 449-5178 estimating@bear-electrical.com 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: Phone: Lissette Melendez, Project Engineer (323) 583-8811 ext. 246 E-mail:lmelendez@cityofvernon.org B.Notices shall be deemed received when actually received in the office of the addressee (or by the addressee if personally delivered) or when delivery is refused, as shown on the receipt of the U. S. Postal Service, private carrier or other Person making the delivery. All notices received after 5:00 p.m. shall be deemed received on the first business day following delivery. 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 Page 15 of 120 . . Item 8 Page 17 of 221 reasonable times for consultation, and shall be authorized to act on behalf of Contractor in matters concerning the Work. C. D. 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 402 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. 2.07 2.08 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. 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 Page 16 of 120 . . Item 8 Page 18 of 221 expense, shall be submitted to the Director within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as Extra Work. B.Outside of Working Hours: Whenever, in the opinion of the City, there shall arise outside of the regular Working hours on the Contract Work of an emergency nature which threatens loss or injury of property, or danger to public safety, the Contractor shall act, without previous instructions from the City as the situation may warrant. He/she shall notify the Director of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Director within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as Extra Work. In the event the Contractor is not able to respond to an emergency outside of regular working hours, the City's forces will handle such emergency Work. If such emergency arises out of or is the result of operations by the Contractor, the cost of the corrective measures will be billed to the Contractor and deducted from his/her payment as provided in the Contract Documents. The performance of emergency Work by City forces will not relieve the Contractor of any of his/her responsibilities, obligations, or liabilities under the Contract. 2.09 SUBCONTRACTORS A.Each subcontract shall contain a reference to the Contract between the City and the principal Contractor, and the terms of the Contract and all parts thereof shall be made part of each subcontract insofar as applicable to the Work covered thereby. If, in the Director’s opinion, the Subcontractor fails to comply with the requirements of the principal Contract insofar as the same may be applicable to the Subcontractor’s Work, the Director may disqualify the Subcontractor. B. C. Nothing contained in these Contract Documents shall be construed as creating any contractual relationship between any Subcontractor and the City. The Contractor shall be considered the employer of the Subcontractors and shall be fully responsible to the City for the acts and omissions of Subcontractors and of persons employed by them as the Contractor is for the acts and omissions of persons directly employed by him/her. D.The Contractor shall be responsible for the coordination of the trades, Subcontractors, and material suppliers engaged upon the Work. It shall be the Contractor’s duty to see that all of his/her Subcontractors commence their Work at the proper time and carry it on with due diligence so that they do not delay or injure either the Work or materials; and that all damage caused by them or their workers is made good at his/her expense. E. F. The City will not undertake to settle differences between the Contractor and his/her Subcontractors or between subcontractors. The Contractor shall utilize the services of specialty Subcontractors, without additional expense to the City, on those parts of the Work which are specified to be performed by specialty contractors. 2.10 USE OF FACILITIES PRIOR TO COMPLETION OF CONTRACT A.Whenever in the opinion of the Director any Work under the Contract, or any portion(s) thereof, is in a condition suitable for use by the City, the City may, after written notice and designation from the Director to the Contractor, use (which includes, but is not limited to, taking over or placing into Page 17 of 120 . . Item 8 Page 19 of 221 service) any portion(s) designated by the Director. B. C. D. The use of any portion(s) by the City shall not be construed as, and will not constitute acceptance in any sense, of any portion(s) of the Work of the Contractor nor will such use trigger the running of any warranty and/or guarantee periods. 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. The use of any portion(s) by the City shall not relieve the Contractor of any of his/her responsibilities or liabilities under the Contract nor constitute a waiver by the City of any of the conditions thereof. Said use shall not cancel liquidated damages as of the first date of use, or any continuance thereof, nor impair, reduce, or change the amount of liquidated damages. 2.11 COOPERATION WITH OTHER WORK FORCES A.The City reserves the right to perform other Work at or near the site at any time by the use of its own forces or other contractors. B.Other contractors, other utilities and public agencies or their contractors, other City contractors, and City personnel may be working in the vicinity during the project construction period. There may be some interference between these activities and the Work under the Contract Documents. The Contractor shall cooperate and coordinate his/her Work with that of other Work forces to assure timely Contract completion. 2.12 2.13 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. 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. 2.14 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES A.Risk of Loss Except as otherwise provided in the Contract Documents and except as to the cost of repair or restoration of damage to the Work caused by force majeure, the Contractor shall bear all losses resulting to him/her on account of the amount or character of the Work, or from any unforeseen obstructions or difficulties which may be encountered, or from any encumbrances on the line of the Work, or because the nature of the ground in or on which the Work is done is different from what is assumed. The Contractor shall bear the risk for any City equipment, material, or supplies with which he/she has been entrusted. Page 18 of 120 . . Item 8 Page 20 of 221 B.Materials and Facilities The Contractor shall be responsible for materials and facilities as hereinafter provided and in the event of his/her failure to carry out said responsibilities, the same may be carried out by the City at the expense of the Contractor: 1. 2. 3. 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. The Contractor shall protect City facilities from damage resulting from his/her Work. City facilities damaged by, or as a result of, the Contractor's Work under this Contract shall be repaired or replaced, as directed by the Director, at the Contractor's expense. The Contractor shall remove from the vicinity of the completed Work all buildings, rubbish, unused material, concrete forms, and other materials belonging or used under his/her direction during construction. If Contractor fails to completely remove such items within a reasonable time the City may do so at the Contractor’s expense. C.Laws and Regulations 1. The Contractor shall obey all laws, ordinances, and regulations in any manner affecting those engaged or employed on the Work, or the materials used in the Work, or in any way affecting the conduct of the Work, and of all court orders and decrees having any jurisdiction or authority over the same. If any discrepancy or inconsistency should be discovered in this Contract, or in the Drawings or Specifications herein referred to, in relation to any such law, ordinance, regulation, order, or decree, he/she shall immediately report the same in writing to the Director. 2. Contractor shall, at all times, cause all his/her agents and employees to observe and comply with all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may become effective before Final Completion of this Contract. 3. Nothing in the Contract Documents shall be construed to permit Work not conforming to such laws, ordinances, and regulations. If the Contractor ascertains at any time that any requirement of this Contract is at variance with such applicable law requirement, he/she shall immediately notify the Director. 4. If such applicable law requirement was not in effect on the date of submission of bids, any necessary adjustment of the Contract price shall be made as provided in Article 6 herein. If such applicable law requirement was in effect on said date of bid submission, no adjustment of Contract price will be considered. 5. The Contractor, at his/her own expense, shall pay all taxes properly assessed against his/her equipment, materials, or property used or required in connection with the Work. 2.15 WARRANTY AND CORRECTIONS A.Warranty 1.Warranty. The Contractor warrants to the City that: (i) materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by Page 19 of 120 . . Item 8 Page 21 of 221 the Contract Documents; (ii) the Work will be of good quality and free from defects; (iii) the Work will conform to the requirements of the Contract Documents; and (iv) Contractor will deliver the Project free of stop notice claims. Work not conforming to these requirements, including substitutions not accepted by the City, will be deemed defective. The Contractor’s warranty excludes improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the City, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the correction obligation of Paragraph 2.04 herein. 2. 3. Overlap. Where any warranties provided under the Contract Documents overlap, conflict, or are duplicative, Contractor will be bound by the more stringent requirements. Procurement and Assignment of Warranties: Contractor shall obtain in the name of City, or transfer or assign to City or City’s designee prior to the time of Final Completion of the Work, any and all warranties or guarantees which Contractor is required to obtain pursuant to the contract Documents and which Contractor obtained from any other person or entity other than Contractor including, but not limited to, Subcontractors and manufacturers, and further agrees to perform the Work in such a manner so as to preserve any and all such warranties. Contractor shall secure written warranties from all Subcontractors. Contractor and its Subcontractors shall offer any warranty upgrades or extensions that are offered by manufacturers of any equipment or system installed in the Work to the City. Contractor shall deliver to City all warranty and guarantee documents and policies. 4.Survival of Warranties: The provisions of this paragraph 2.15 will survive Contractor’s completion of the Work or termination of Contractor’s performance of the Work. B.Correction of Work 1.Before or After Final Completion. The Contractor shall promptly correct Work rejected by the City or City’s designee, as failing to conform to the requirements of the Contract Documents, whether discovered before or after Final Completion and whether or not fabricated, installed, or completed. Costs of correcting such rejected Work, including additional testing, inspections, and compensation for the City’s services and expenses made necessary thereby, will be at the Contractor’s expense within the Contract Price. 2.After Final Completion. (a)In addition to the Contractor’s warranty obligations under Paragraph 2.15-A, if, within one (1) year after the date of Final Completion of the Work or within the time period established by any applicable special warranty required by the Contract 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 Page 20 of 120 . . Item 8 Page 22 of 221 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. 5. 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. 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. D. The Contractor shall take appropriate action to ensure that no dust originates from the project Site. Any equipment or vehicles driven and/or operated within or adjacent to a street gutter, storm drain, runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that if introduced to water could be deleterious to aquatic life. E.No debris, soil, silt, sand, bark, trash, sawdust, rubbish, cement or concrete or washings thereof, oil or Page 21 of 120 . . Item 8 Page 23 of 221 petroleum products or other organic or earthen material from any construction, or associated activity or whatever nature shall be allowed to enter into or placed where same may be washed by rainfall or runoff into waters of the State. When operations are completed, any excess materials or debris shall be removed from the Work area. 2.17 WATER POLLUTION CONTROL A.The Contractor shall meet all applicable City of Vernon, state and federal clean water laws, rules and regulations including but not limited to all conditions set forth in the Vernon Municipal Code Chapter 21, Article 5 regarding stormwater and urban runoff controls as it relates to public agency activities including, but not limited to storm and/or sanitary sewer system inspection and repair, street sweeping, trash pick-up and disposal, and street and right-of-way construction and repair are required to implement and maintain the activity specific Best Management Practices (BMPs) listed in Table 2-1 below in compliance with the National Pollutant Discharge Elimination System (NPDES) requirements. Contractor shall not discharge any water containing trash, debris, pollutants, fuels, oils, soaps or other non-allowable constituents from its sweeping vehicles upon any city street, to any storm drain or any non-permitted outlet. As part of its submission, contractor shall describe its methods for preventing NPDES violations during sweeping operations within the City. In addition, Contractor shall comply with all NPDES requirements at its maintenance facilities, storage yards and company facilities. Failure to comply with this section may result in termination for cause by the City of any contract resulting from this solicitation. Table 2-1. BMPs for Public Agency Facilities and Activities General and Activity Specific BMPs Scheduling and Planning Spill Prevention and Control Sanitary/SepticWasteManagement Material Use General BMPs Safer Alternative Products Vehicle/Equipment Cleaning, Fueling and Maintenance Illicit Connection Detection, Reporting and Removal Illegal Spill Discharge Control Maintenance Facility Housekeeping Practices Asphalt Cement Crack and Joint Grinding/ Sealing Asphalt Paving Structural Pavement Failure (Digouts) Pavement Grinding and PavingFlexiblePavement Emergency Pothole Repairs SealingOperations Portland Cement Crack and Joint Sealing Mudjacking and DrillingRigid Pavement Concrete Slab and Spall Repair ShoulderGrading Nonlandscaped Chemical Vegetation Control Nonlandscaped Mechanical Vegetation Control/Mowing Nonlandscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub Removal Slope/Drains/Vegetation Page 22 of 120 . . Item 8 Page 24 of 221 Fence Repair Drainage Ditch and Channel Maintenance Drain and Culvert Maintenance Curb and Sidewalk Repair SweepingOperations Litter and Debris RemovalLitter/ Debris/ Graffiti Landscaping Emergency Response and Cleanup Practices Graffiti Removal ChemicalVegetation Control Manual Vegetation Control Landscaped Mechanical Vegetation Control/ Mowing 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 Bridges RoadsideStabilization StormwaterTreatment Devices Traction Sand Trap Devices Welding and Grinding Sandblasting, Wet Blast with Sand Injection and Hydroblasting Painting Bridge Repairs Pump Station Cleaning Tube and Tunnel Maintenance and Repair Tow Truck OperationsOtherStructures Electrical Toll Booth Lane Scrubbing Operations Sawcutting for Loop Installation Thermoplastic Striping and Marking Paint Striping and Marking Raised/ Recessed Pavement Marker Application and Removal Sign Repair and MaintenanceTrafficGuidance Median Barrier and Guard Rail Repair Emergency Vehicle Energy Attenuation Repair Minor Slides and Slipouts Cleanup/ Repair Building and Grounds Maintenance Storage of Hazardous Materials (Working Stock) Material Storage Control (Hazardous Waste) Outdoor Storage of Raw Materials Vehicle and Equipment Fueling StormMaintenance Management and Support Vehicle and Equipment Cleaning Vehicle and Equipment Maintenance and Repair Aboveground and Underground Tank Leak and Spill Control Page 23 of 120 . . Item 8 Page 25 of 221 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 using adequate Treatment Control or Structural BMPs. Sediment Control 2. Non-Stormwater Management, Waste Management and Materials Pollution Control Construction-related materials, wastes, spills or residues shall be retained at the project site to avoid discharge to streets, drainage facilities, receiving waters, or adjacent properties by wind or runoff. Non-storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project sites. Stormwater Management; Waste Management 3. Erosion Control Erosion from slopes and channels shall be controlled by 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. Erosion Control 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; Page 24 of 120 . . Item 8 Page 26 of 221 3) Least toxic methods of pest prevention and control, including Integrated Pest Management; and 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://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.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: http://www.swrcb.ca.gov/water_issues/programs/stormwater/construction.shtml for more information. A Waste Discharger Identification (WDID) will be emailed to the LRP after the PRDs have been submitted and are deemed complete. Construction activities cannot begin until a WDID is issued by the State Water Resources Control Board. Contractor shall bear the costs of any delays to the Project caused by a delay in obtaining its WDID. The SWPPP shall include: 1. The name, location, period of construction, and a brief description of the project; 2. Contact information for the owner and contractor; 3. The building permit number for the project; 4. The grading permit number for the project (where applicable); 5. A list of major construction materials, wastes, and activities at the project site; 6. A list of best management practices to be used to control pollutant discharges from major construction materials, wastes, and activities; 7. A site plan (construction plans may be used) indicating the selection of BMPs and their location where appropriate; 8. Non-storm water discharges, their locations, and the BMPs necessary to prevent the discharge; 9. A maintenance and self-inspection schedule of the BMPs to determine the effectiveness and necessary repairs of the BMPs; and 10. A certification statement that all required and selected BMPs will be effectively implemented. Within seven (7) days after the City awards the Contract, the Contractor shall submit one (1) original hard copy and one (1) electronic copy via email to lmelendez@cityofvernon.org 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 Page 25 of 120 . . Item 8 Page 27 of 221 Angeles Regional Water Quality Control Board (LARWQCB) or the U.S. Environmental Protection Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the City. D.Best Management Practices The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect the quality of storm water discharge associated with construction activities. The plan will describe and ensure the implementation of Best Management Practices (BMPs) which will be used to reduce pollutants in the storm water discharges from the construction site. A Best Management Practice is defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution. The Contractor shall select appropriate BMPs from the California Stormwater BMP Handbook, Municipal, Industrial, New Development, and Construction Volumes (www.cabmphandbooks.com) in conjunction with all activities and construction operations. Copies of the California Stormwater BMP Handbooks may be obtained from: California Stormwater Quality Association P.O. Box 2313 Livermore, CA 94551 Cashier Los Angeles County DPW 900 South Fremont Avenue Alhambra, CA 91803 Tel. No. (626) 458-6959 www.cabmphandbooks.com E.Implementation The Contractor will be responsible throughout the duration of the Project for the installation, monitoring, inspection and maintenance of the BMPs included in the SWPPP and for removing and disposing of temporary BMPs. The Contractor may be required to implement additional BMPs as a result of changes in actual field conditions, contractor’s activities, or construction operations. The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP control measures to protect soil-disturbed areas of the project site before the onset of precipitation and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully deploy these control measures. Throughout the winter season, active soil-disturbed areas of the project site shall be fully protected at the end of each day with these control measures unless fair weather is predicted through the following day. The Contractor shall monitor daily weather forecasts. If precipitation is predicted prior to the end of the following workday, construction scheduling shall be modified, as required, and the Contractor shall deploy functioning control measures prior to the onset of the precipitation. The City may order the suspension of construction operations which are creating water pollution if the Contractor fails to conform to the requirements of this Paragraph 2.17. Unless otherwise directed by the City, the Contractor’s responsibility for SWPPP implementation shall continue throughout any temporary suspension of the Work. F.Sewage Spill Prevention. The Contractor’s attention is directed to the sewer bypass operation required during any sewer construction pursuant to the 2021 edition of the “Greenbook” Standard Specifications for Public Works Construction, Section 3-12.5 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 Page 26 of 120 . . Item 8 Page 28 of 221 emergency response unit comprised of emergency response equipment and trained personnel to be immediately dispatched to the project site. The Contractor shall be fully responsible for preventing and containing sewage spills as well as recovering and properly disposing of raw sewage. In addition, the Contractor is responsible for any fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is damaged by the contractor shall be immediately repaired at the Contractor’s expense. The Contractor shall take all measures necessary to prevent further damage or service interruption and to contain and clean up the sewage spills. G.Sewage Spill Telephone Notification Should a sewage spill occur, the Contractor shall immediately report the incident to both 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: City of Vernon Control Center (323) 826-1461 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. 7. The water body impacted and results of necessary monitoring. I.Enforcement The City is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and private citizens. The Contractor shall indemnify, defend and hold City, its officers, agents and employees harmless from Contractor’s failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17. Contractor shall be responsible for all costs and liabilities imposed by law as result of Contractor’s failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17. The costs and liabilities include, but are not limited to fines, penalties and damages whether assessed against the City or the Contractor. Page 27 of 120 . . Item 8 Page 29 of 221 In addition to any remedy authorized by law, any money due to the Contractor under this contract shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor have been satisfied. J.Maintenance The Contractor shall ensure the proper implementation and functioning of BMP control measures and shall regularly inspect and maintain the construction site for the BMPs identified in the SWPPP. The Contractor shall identify corrective actions and time frames in order to properly address any damaged measure, or reinitiate any BMPs that have been discontinued. If the City identifies a deficiency in the deployment or functioning of identified control measures, the deficiency shall be corrected by the Contractor immediately or by a later date and time if agreed to by Director and if requested in writing, but not later than the onset of the subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. K.Payment All costs involved in the implementation of the SWPPP, including furnishing all labor, materials, tools, equipment and all incidentals; and for doing all the work involved in installing, constructing, maintaining, removing, and disposing of control measures, except those that were installed as a part of another structure, shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefor. 2.18 SOLID WASTE DISPOSAL AND DIVERSION The Contractor shall submit to the Director the following summary of solid waste generated by the Work, disposed in Class III landfills, or diverted from disposal through recycling. Report disposal in inert fill separately. This form must be accompanied by legible copies of weight tickets, receipts, or invoices that specifically identify the project generating the material. Said documents must be from recyclers and/or disposal site operators that are acceptable to the Director. Further, the documents must be submitted to the Director with each application for progress payment. Failure to submit the form and its supporting documentation will render the application for progress payment incomplete and delay progress payments. Page 28 of 120 . . Item 8 Page 30 of 221 . . Item 8 Page 31 of 221 . . Item 8 Page 32 of 221 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. C. 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. 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 one thousand ninety-five (1,095) 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 3.03 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. 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. Page 30 of 120 . . Item 8 Page 33 of 221 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. B. C. 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. 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. If any delay having a direct effect on the Work is caused by circumstances beyond the control of the Contractor except for causes of delay specified in Paragraph 3.04-D., such delay may be excusable and may entitle the Contractor to an equivalent extension of time, but not to any other compensation. Excusable but not compensable causes include but are not limited to labor disputes, weather conditions unfavorable for prosecution of the Work, and force majeure. D.If any delay having a direct effect on the Work is caused by failure of the City to provide information as specified, or necessary instructions for carrying on the Work, or to provide the necessary right of way or site for installation, or failure of a utility to remove or relocate an existing facility such delay may be compensable and may entitle the Contractor to an equivalent extension of time, and to compensation for damages resulting directly from any of the causes of delay specified in this paragraph. E. F. 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. Any claim for an extension of time or for compensation for damages resulting from delay shall be made in writing to the Director not more than 30 days after the ending of such delay. The Contractor shall provide a written report evaluating the impact of the delay which shall include, at a minimum, all of the following: 1. a narrative description of the delay and its impact on the critical path to Substantial Completion of the Work or a portion of the Work designated by City; 2. a detailed breakdown of the Allowable Costs, if any, sought by Contractor due to the delay; 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 Page 31 of 120 . . Item 8 Page 34 of 221 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. H. The Director will investigate the facts and ascertain the extent of the delay, and his/her findings thereon shall be final and conclusive. Failure of the Contractor to give written notice of a delay, or to submit or document a claim for an extension of time or for damages resulting from delay in the manner and within the times stated above shall constitute a waiver of all claims thereto. I.When a Contractor experiences two concurrent delays, one compensable and the other excusable, no compensation other than an extension of time will be allowed. J.An extension of time must be approved by the Director to be effective, but an extension of time whether with or without consent of the sureties, shall not release the sureties from their obligations, which shall remain in full force until the discharge of the Contract. 3.05 CLIMATIC CONDITIONS A. B. C. 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. If the Contractor believes that Work should be suspended under this Paragraph 3.05, he/she may request such suspension. The delay caused by such suspension may entitle the Contractor to an extension of time but not to any other compensation. No extension of time will be granted for suspension of Work unless the suspension affects the timely completion of all Work under the Contract or the timely completion of a portion of the Work for which a time of completion is specified. Determination that the suspension for inclement weather conditions or conditions resulting from inclement weather affects timely completion and entitles the Contractor to an extension of time shall be made and agreed to in writing by the Director and the Contractor on each day that Work is suspended. In the event of failure to agree, the Contractor may protest under the provisions of Paragraph 7.07. D.If Work is suspended and an extension of time is granted under this Paragraph 3.05 the Contractor will be entitled to a one day extension of time for each day that he/she is unable to Work at least one-half of his/her current normal Work day; and if the Work is suspended at the regular starting time on any Work day and the Contractor's Workforce is dismissed as a result thereof, then he/she will 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 Page 32 of 120 . . Item 8 Page 35 of 221 Completion with the County Recorder. LIQUIDATED DAMAGES3.07 A.Contractor and City agree to liquidate damages in the amount of five hundred dollars ($500) per day, with respect to Contractor’s non-completion of the monthly Routine Maintenance-Inspection and Cleaning work for each day past the first seven (7) working days for half of the intersections listed in Attachment B and the seven (7) working days for the other half of the intersections each month. In addition, the Contractor shall pay to the City, or have withheld from the monies due it, the sum of on- hundred ($100) for each hour late when responding to emergency situations. 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. C. 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. Contractor and City acknowledge and agree that the foregoing liquidated damages have been set based on an evaluation of damages that the City will incur in the event of late completion of the Work. Contractor and City acknowledge and agree that the amount of such damages are impossible to ascertain as of the effective date hereof and have agreed to such liquidated damages to fix City’s damages and to avoid later disputes. It is understood and agreed by Contractor that liquidated damages payable pursuant to this Agreement are not a penalty and that such amount are not manifestly unreasonable under the circumstances existing as of the effective date of this Agreement. D.It is further mutually agreed that City shall have the right to deduct liquidated damages against progress payments or retainage and that the City will issue a Construction Change Directive and reduce the Contract Sum accordingly. In the event the remaining unpaid Contract Sum is insufficient to cover the full amount of liquidated damages. Contractor shall pay the difference to City. [END OF ARTICLE] Page 33 of 120 . . Item 8 Page 36 of 221 ARTICLE 4 - CONSTRUCTION SCHEDULES 4.01 BASELINE PROJECT SCHEDULE The Contractor shall submit his/her work Baseline Project Schedule, in electronic as well as hard-copy format, to the Director at the pre-construction meeting showing in detail how the Contractor plans to execute and coordinate the Work. The construction schedule shall show the sequence of work, critical path and estimated time for completion of each segment of work. This schedule must be reviewed and accepted by the Director before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed schedule forecasting two (2) weeks of work describing each day’s work. This schedule shall be updated and submitted to the City every other Monday during the construction period. The Contractor shall give 48 hours notice to the City Engineer prior to the start of the work. A.Format 1. At a minimum, the Baseline Project Schedule activities shall be coded on a work discipline basis and by geographic area or location on the Project. The Baseline Project Schedule shall include a detailed description of each activity code. The Baseline Project Schedule shall be based on and incorporate contract milestone and completion dates specified in the Contract Documents. It shall depict events, jobs, and their interrelationships and shall recognize the progress that must be made on one task before subsequent tasks can begin. The schedule shall be comprehensive and shall include all logical interdependencies and interactions required to perform the Work of the Project. 2. Overall time of completion and time of completion for each milestone shown on the Schedule shall adhere to the specified Contract Time, unless an earlier (advanced) time of completion is requested by Contractor, agreed to by the City and formalized by Change Order. 3. Contractor shall use the latest version of Microsoft Project or equivalent software agreed to by the parties. 4. The City will review the submitted Baseline Project Schedule for conformance with these scheduling requirements. Within fourteen (14) calendar days after receipt, the City will accept the proposed Baseline Project Schedule or will return it with comments. If the proposed Baseline Project Schedule is accepted by the City, it shall be deemed part of the Contract Documents. If the Baseline Project Schedule is not accepted by City, Contractor shall revise the Baseline Project Schedule, in accordance with the recommendations of the City, and re-submit same for acceptance, no later than seven (7) calendar days after receipt of said recommendation. 5. Acceptance of Baseline Project Schedule by City, failure to include an element of work, or inaccuracy in Baseline Project Schedule shall not relieve Contractor from the responsibility for accomplishing the Work in accordance with the Contract Documents. B.Float 1. Critical Work activities are defined as Work activities which, if delayed or extended, will delay the scheduled completion of the milestones and/or time of completion. All other Work activities are defined as non-critical Work activities and are considered to have float. Float is defined as the time that a non-critical Work activity can be delayed or extended without delaying the scheduled completion of the milestones and/or time of completion. Float is considered a Project resource available to either party or both parties as needed. Once identified, Contractor shall monitor, account for, and maintain float in accordance with Critical Path Methodology. Page 34 of 120 . . Item 8 Page 37 of 221 2. Delays of any non-critical Work shall not be the basis for an extension of Contract Time until the delays consume all float associated with that non-critical Work activity and cause the Work activity to become critical. 3. It is acknowledged that City-caused time savings (i.e., critical path submittal reviews returned in less time than allowed by the Contract Documents, approval of substitution requests which result in a savings of time for Contractor, etc.) create shared float. Accordingly, City-caused delays may be offset by City-caused time savings. C.Weather (This section applies only to projects of one (1) year duration or longer) The completion time contemplated by this Contract anticipates zero (0) lost days (Work Days) due to normal weather conditions annually and prorated for any duration less than twelve months. Only unusual or extreme weather conditions, as determined by the National Oceanic and Atmospheric Administration, for the time of year will be considered as justification for an extension of time to complete the Project, and only after the zero (0) weather days have been utilized. Annual weather days are not cumulative, and unused days shall become “float” for the benefit of the project, and the schedule adjusted accordingly. The use of weather days by the Contractor shall be subject to all the conditions of claim for an extension of time. The Contractor shall notify the City in writing within ten (10) days of the commencement of each rain event. D. Early Completion While the Contractor may schedule completion of the Project earlier than the date established by the Contract Documents, no additional compensation shall become due the Contractor for the use of float time between the Contractor’s projected early completion date and the date for Substantial Completion established by the Contract Documents, unless an earlier (advanced) time of completion is requested by Contractor, agreed to by the City, and formalized by Change Order. 4.02 SCHEDULE UPDATES A.With each Application for Payment submitted by Contractor (other than the final Application for Payment), the Contractor shall submit to the City an updated Project Schedule revised to indicate the Work completed, status of Work in progress, all progress slippages, corrective actions taken, or slippage carry-over, for all anticipated delays or difficulties, and all other information required to accurately present the actual status of the progress of the Work as of the date of the Application for Payment. If the Contractor does not submit an updated Project Schedule with an Application for Payment, City may withhold payment, in whole or in part, until the updated Project Schedule is submitted. In the event that an update to the Project Schedule indicates a delay to the Contract Time the Contractor shall propose an affirmative plan to correct each such delay, including overtime and/or additional labor, if necessary. In no event shall any Project Schedule update constitute an adjustment in the Contract Time, any deadline, or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order or Work Directive. B. C. At no time shall historical data contained within the updated Project Schedule (i.e. completed activities) be removed and/or altered in any way. This historical data is to be preserved within each of the updated Project Schedules and submitted with the final schedule update to reflect the actual start and finish dates for each activity within the Schedule. 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 Page 35 of 120 . . Item 8 Page 38 of 221 stoppages exceed seven (7) calendar days activities shall be added to the Project Schedule to clearly indicate the work stoppage period and identify forecasted resumption and completion of the activity where work has stopped. Contractor shall clearly note all schedule revisions when Project Schedule updates are submitted, as required in this Paragraph 4.02 above. 4.03 NONCOMPENSABLE EXTRAORDINARY MEASURES A.Should the City determine, in its sole judgment, that the performance of the Work has not progressed to the level of completion required by the Contract Documents, City shall have the right to order the Contractor to take corrective measures to expedite the progress of construction, at no additional cost to the City, including, without limitation, the following: 1. Working additional shifts of overtime. 2. Supplying additional manpower, equipment, and/or facilities. 3. Reschedule activities to maximize practical concurrence of accomplishment of activities. 4. Submitting a Recovery Schedule discussed above, for resequencing performance of the Work or other similar measures. 5. Any other actions that may be necessary to mitigate delays. B.Such Extraordinary Measures shall continue until the progress of the Work is no longer behind schedule and/or reaches the stage of completion required by the Contract Documents. Contractor shall not be entitled to an adjustment in the Contract Sum in connection with the performance of any such Extraordinary Measures required by the City under this Paragraph. The City may exercise the rights furnished the City pursuant to this Paragraph as frequently as the City deems necessary to ensure that the Contractor’s performance of the Work will comply with the Contract Time or interim completion dates set forth in the Contract Documents. If Contractor or its Subcontractors fail to implement or commence Extraordinary Measures within ten (10) calendar days of City’s written demand, City may, without prejudice to other remedies, take corrective action at the expense of the Contractor which shall reduce the Contract Sum accordingly. 4.04 CONDITION OF PAYMENT Compliance by Contractor with the requirements of the Contract Documents pertaining to preparation, submission, revising and updating of the Schedule is a condition precedent to City’s obligation to make payment to Contractor of any or all sums that might otherwise be due to Contractor in the absence of such noncompliance. Payment by City under circumstances in which City, for any reason, fails or elects not to assert its right to withhold payment for noncompliance with this Paragraph shall not be construed as a waiver of the right to withhold future payments on account of such noncompliance or any other noncompliance. [END OF ARTICLE] Page 36 of 120 . . Item 8 Page 39 of 221 ARTICLE 5 - SUSPENSION OR TERMINATION OF CONTRACT 5.01 TERMINATION BY THE CONTRACTOR A.Contractor shall have the right to terminate its performance of the Contract only upon the occurrence of one of the following: 1. The Work is stopped for a period of ninety (90) consecutive days through no act or fault of the Contractor, any Subcontractor, Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, due to: a. b. the issuance of an order of a court or other public authority having jurisdiction; or 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 Page 37 of 120 . . Item 8 Page 40 of 221 5. Contractor fails to resume performance of Work which has been suspended or stopped, within a reasonable time after receipt of notice from City to do so or (if applicable) after cessation of the event preventing performance; or 6. Any representation or warranty made by Contractor in the Contract Documents or any certificate, schedule, instrument, or other document delivered by Contractor pursuant to the Contract Documents shall have been false or materially misleading when made; or 7. Contractor fails to make payment to Subcontractors or Material Suppliers for materials or labor in accordance with the respective Contract Documents and applicable law; or 8. Contractor disregards laws, ordinances, or rules, regulations, or orders of a public authority having jurisdiction; or 9. Contractor is guilty of breach of a provision of the Contract Documents; or 10. Contractor becomes insolvent, is adjudicated bankrupt, or makes a general assignment for the benefit of creditors and fails to provide City with adequate assurances of Contractor’s ability to satisfy its contractual obligations. A receiver, trustee, or other judicial officer shall not have any right, title, or interest in or to the Contract. Upon that person’s appointment, City has, at its option and sole discretion, the right to immediately cancel the Contract and declare it null and void. B.City’s Rights. When any of the reasons specified in Paragraph 5.02-A exist, the City may, in addition to and without prejudice to any other rights or remedies of the City, and after giving the Contractor five (5) calendar days written notice, terminate Contractor’s performance of the Work, in whole or in part, and may: 1. Take possession of the site and all materials, equipment, tools, construction equipment, and machinery thereon owned by the Contractor; 2. Withhold from Contractor amounts unpaid hereunder and to offset such amounts against damages or losses incurred by City; 3. Accept assignment of subcontracts from Contractor, at the sole discretion of City, and 4. Finish the Work by whatever reasonable method the City may deem expedient. Upon request of the Contractor, the City shall furnish to the Contractor a detailed accounting of the costs incurred by the City in finishing the Work. C. D. 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. Wrongful Termination If it has been adjudicated or otherwise determined that City has wrongfully terminated the Contractor Page 38 of 120 . . Item 8 Page 41 of 221 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. C. D. 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. In the event of any partial or complete deletion or suspension of Work, the City shall furnish Contractor with prompt written notice thereof, and the City shall be entitled to take possession of and have as its property all Record Documents, Accounting Records, and other data prepared by Contractor or its Subcontractors. E.Suspension for Convenience. 1. The City may at any time and from time to time, without cause, order the Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time as the City may determine. Such order shall be specifically identified as a “Work Suspension Directive” under this Section. 2. Upon receipt of a Work Suspension Directive, Contractor shall, at the City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Work Suspension Directive during the period of Work stoppage. 3. Within the period of suspension, or such extension to that period as is agreed upon by Contractor and the City, the City shall either cancel the Work Suspension Directive or delete the Work covered by such Work Suspension Directive by issuing a Change Order or Construction Change Directive. 4. If a Work Suspension Directive is cancelled or expires, Contractor shall continue the Work. A Change Order or Construction Change Directive will be issued to cover any adjustments of the Contract Sum and Contract Time necessarily caused by such suspension. No adjustment shall be made to the extent: (a) That performance is, was, or would have been so suspended, delayed, or interrupted by another cause for which the Contractor is responsible; or (b) That an equitable adjustment is made or denied under another provision of the Contract. Suspensions for CauseF. City has the authority by written order to suspend the Work, in whole or in part, without liability to City Page 39 of 120 . . Item 8 Page 42 of 221 for Contractor’s failure to: 1. Correct conditions unsafe for the Project personnel or general public, or 2. Carry out the Contract; or 3. Carry out orders of City. G.Responsibilities of Contractor During Suspension Periods During periods that Work is suspended, Contractor shall continue to be responsible for the Work and shall prevent damage or injury to the Project, provide for drainage, and shall erect necessary temporary structures, signs or other facilities required to maintain the Project and continue to perform according to the Contract Documents. 5.04 TERMINATION BY THE CITY FOR CONVENIENCE A.Grounds Without limiting any rights which City may have by reason of any default by Contractor hereunder, City may terminate Contractor’s performance of the Contract, in whole or in part, at any time, for convenience upon fifteen (15) calendar days written notice to Contractor. B.Contractor Actions Upon receipt of such notice, Contractor shall perform the duties required by Paragraph 5.05 below. At the election of and as directed by the City, any or all of the subcontracts and purchase orders entered in to by Contractor prior to the effective date of termination shall be terminated or shall be assigned to City. C.Compensation 1. If the Parties are unable to agree on the amount of a termination settlement, the City shall pay the Contractor the following amounts: a. For Work performed before the effective date of termination, the total (without duplication of any items) of: i. The cost of the Work; and ii. A sum, as overhead and profit on the cost of the Work, determined by the City to be fair and reasonable. In no event shall Contractor be entitled to recover overhead or profit on Work not performed. b. The reasonable costs of settlement of the Work terminated, including: i. Accounting, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data, if any; and ii. Storage, transportation, and other costs reasonably necessary for the preservation, protection, or disposition of inventory. Page 40 of 120 . . Item 8 Page 43 of 221 2. Such payment shall be Contractor’s exclusive remedy for termination for convenience and will be due and payable on the same conditions as set forth for final payment to the extent applicable. Upon receipt of such payment, the Contractor and City shall have no further obligations to each other except for Contractor’s obligations with respect to warranties, representations, indemnity, maintenance of insurance, and other obligations that survive termination or Final Completion as provided for herein. 3. It is understood and agreed that no fee, anticipated profit, compensation for lost opportunity costs, or other compensation or payment of any kind or character shall be due or payable for unperformed Work regardless of the basis of termination and the inclusion of this provision within this subparagraph shall in no way limit its application to termination under this Paragraph. 4. Contractor agrees that each of its subcontracts will reserve for the Contractor the same right of termination for convenience provided by this Paragraph 5.04. D.No Consequential Damages Under no circumstances shall Contractor be entitled to anticipatory or unearned profits or consequential or other damages as a result of a termination or partial termination under this Article 5. The payment to Contractor determined in accordance with this Article constitutes Contractor’s exclusive remedy for a termination hereunder. 5.05 CONTRACTOR’S DUTIES UPON TERMINATION FOR CAUSE OR CONVENIENCE If the City terminates Contractor’s performance of Work under the Contract, for cause or convenience or if Contractor terminates a Subcontractor with the City’s approval, Contractor shall: (1) cease performance of the Work to the extent specified in the notice; (2) take actions necessary or that the City may direct, for the protection and preservation of the Work; (3) settle outstanding liabilities, as directed by City; (4) transfer title and deliver to City Work in progress, specialized equipment necessary to perform the Work; (5) submit all Record Documents, Accounting Records and other data prepared pursuant to the Contract by Contractor and/or its Subcontractors, as applicable, to the City with fifteen (15) calendar days after the City’s notice of termination in an organized, usable form, in both hard copy and electronic/digital form, with all items properly labeled to the degree of detail specified by the City; and, (6) except for Work directed by City to be performed prior to the effective date of termination stated in the notice, incur no further costs or expenses and enter into no further subcontracts and purchase orders. No compensation shall be due Contractor, if any, until Contractor complies with the requirements of this Paragraph. [END OF ARTICLE] Page 41 of 120 . . Item 8 Page 44 of 221 ARTICLE 6 – CHANGES 6.01 6.02 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. APPLICABLE PROVISIONS Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly and diligently with the change, unless otherwise provided in the Change Order or Construction Change Directive. It is of the essence to this Contract that all scope changes in the Work that form the basis of an adjustment of the Contract Sum or Contract Time must be authorized in advance in writing through either a Change Order or Construction Change Directive. A change in the Contract Sum or the Contract Time shall be accomplished only by Change Order or Construction Change Directive. Accordingly, no verbal directions, course of conduct or dealings between the Parties, express or implied acceptance of alterations or additions to the Work, or claim that the Contract has been abandoned or the City has been unjustly enriched by any alteration or addition to the Work shall be the basis of any claim for an increase in any amounts due under the Contract Documents or a change in any time period provided in the Contract Documents. 6.03 NOTICE OF SCOPE CHANGE Contractor shall submit written notice of any change in scope to the Director if, in the Contractor’s opinion, any instruction, request, Drawings, Specifications, action, condition, omission, default, or other situation occurs that the Contractor believes constitutes a scope change or other matter resulting in Extra Work, for which Contractor believes it is entitled to an adjustment of the Contract Sum or Contract Time. Such notice shall be provided prior to performance of the Work affected by such occurrence and within seven (7) calendar days after the discovery date of the circumstances of such scope change or other matters. The written notice shall state the date, circumstances, extent of adjustment to the Contact Sum or the Contract Time, if any, requested. The mere presentation of such notice shall not establish the existence of any right by Contractor to adjustment of the Contract Sum or Contract Time. Failure to provide such timely written notice described herein shall constitute a waiver by Contractor of the right to any adjustment to the Contract Sum or Contract Time on account thereof. 6.04 CHANGE ORDERS A.Computation Methods used in determining adjustments to the Contract Sum by Change Order may include those listed in Paragraph 6.06 below. B.Accord and Satisfaction Agreement on any Change Order shall be a full compromise and settlement of all adjustments to Contract Time and Contract Sum, and compensation for any and all delay, extended or additional field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment productivity, differing Site conditions, construction interferences and other extraordinary or Page 42 of 120 . . Item 8 Page 45 of 221 consequential damages (hereinafter called "Impacts"), including any ripple or cumulative effects of said Impacts on the overall Work under the Contract arising directly or indirectly from the performance of Work described in the Change Order. By execution of any Change Order, Contractor agrees that the Change Order constitutes a complete accord and satisfaction with respect to all claims for schedule extension, Impacts, or any costs of whatever nature, character or kind arising out of or incidental to the Change Order. No action, conduct, omission, product failure or course of dealing by the City shall act to waive, modify, change, or alter the requirement that (i) Change Order's must be in writing, signed by the City and Contractor and; (ii) that such written Change Orders are the exclusive method for effectuating any change to the Contract Sum and/or Contract Time. 6.05 CONSTRUCTION CHANGE DIRECTIVE (FIELD DIRECTIVE) A.A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. The City may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletion, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. B. C. 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). 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. F. 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. 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. 6.06 PRICING CHANGES IN THE WORK A.Alternative Methods of Pricing The amount of any adjustment by Change Order or Construction Change Directive increasing or decreasing the Contract Sum shall be determined by the Director using one or a combination of the following methods: Page 43 of 120 . . Item 8 Page 46 of 221 1. Lump Sum. By mutual acceptance of a lump sum proposal from Contractor properly itemized and supported by sufficient substantiating data to permit evaluation. Such proposal shall be based solely on Allowable Costs, as defined in Subparagraph 6.06-C, and Allowable Mark-Ups, as defined in Subparagraph 6.06-E, and shall not include any costs or expense that is not permitted by the terms of any provision of the Contract Documents. 2. Unit Prices. By unit prices contained in Contractor’s original Bid and incorporated in the Contract Documents or fixed by subsequent agreement between City and Contractor. Unless otherwise stated in the Bidding Documents, unit prices stated in the Contract Documents or agreed upon by the County and Contractor shall be deemed to include and encompass all Allowable Markups. 3. Time and Materials. By calculating the actual Allowable Costs directly incurred, plus a sum for Allowable Mark-Ups on such Allowable Costs. 4. Deletion of Work. By Unit Prices contained in Contractor’s original Bid and incorporated in the Contract Documents, or by using the Schedule of Values to determine the value of the decrease of the Contract Sum, less the value of any Work performed, plus a reasonable percentage of the decrease for the Contractor’s saved overhead unless the Schedule of Values allocates general conditions costs to individual line items, in which case no percentage of the decrease shall be added. When a change consists of both addition and deletion of Work, the added costs and deleted costs shall be calculated separately, and then added together, resulting in the net cost for the change. The Allowable Mark-Up shall be applied to this net cost. B.Contractor Maintenance of Daily Records for Changes 1. In the event that Contractor is directed to perform any Extra Work, or should Contractor encounter conditions which the Contractor believes would obligate the City to adjust the Contract Sum and/or the Contract Time, Contractor shall maintain detailed records of the cost of such changes on a daily basis summarized in a daily report supplemented by back-up records. Such records shall include without limitation: a. b. c. 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. 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. 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. Page 44 of 120 . . Item 8 Page 47 of 221 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. Page 45 of 120 . . Item 8 Page 48 of 221 2. Benefits. Payroll taxes, insurance, health and welfare, pension, vacation, apprenticeship funds and benefits required by lawful collective bargaining agreements for employees on straight-time wages or salaries, and on overtime wages and salaries specifically authorized by City in writing, for employees employed at the site, or at fabrication sites off the site, in the direct performance of the Extra Work or that would have been incurred in the direct performance of the deleted work. 3. Materials, Consumables. Costs of materials and consumable items which are furnished and incorporated into the Work, as approved by City, or that would have been incorporated into the Work in the case of deleted work shall be at the lowest price available to Contractor but in no event shall such costs exceed competitive wholesale prices obtainable from other Subcontractors, suppliers, manufacturers and distributors in the general vicinity of the site. If City determines, in its discretion, that the cost of materials is excessive, or if Contractor fails to furnish satisfactory evidence of the cost from the actual supplier thereof, then in either case the cost of the materials shall be deemed to be the lowest wholesale price at which similar materials are available in the quantities required at the time they were needed. The City reserves the right to furnish such materials as it deems advisable, and Contractor shall have no claim for costs or profits on materials so furnished. Material invoices must be included with the extra work report to obtain payment. 4. Taxes. Sales taxes on the costs of materials and consumable items described in Paragraph 5.04-C.3 above. 5. Tool, Equipment Rental. Rental charges for necessary machinery and equipment, whether owned or hired, as authorized in writing by City, exclusive of hand tools, used directly in the performance of the Extra Work or that would have been used in the direct performance of the deleted work. Regardless of ownership, such rental charges shall not exceed the hourly rate derived from the most recently published “Rental Rate Blue Book for Construction Equipment” or the “Rental Rate Blue Book for Older Construction Equipment,” as published by K-111, San Jose, California, which is in effect at the time of commencement of the changed work. The Contractor shall attach a copy of the rate schedule to the daily reports required by Paragraph 6.06-B, above. The charges for any machinery and equipment shall cease when the use thereof is no longer necessary for the Extra Work or deleted work. No charge shall be allowed for use of equipment or tools which have a replacement value of $500 or less. The allowable rental rates shall include the cost of fuel, power oil, lubrication, supplies, small tools, necessary attachments, loading, transportation, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Notwithstanding the provisions of Paragraph 6.06-E below, no mark-up shall be allowed for overhead, profit or bond premiums for use of equipment if the equipment is supplied by an equipment rental firm. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to City than holding it at the Site, it shall be returned, unless Contractor elects to keep it at the Site at no expense to City. 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. Page 46 of 120 . . Item 8 Page 49 of 221 6. Royalties. Additional or saved costs of royalties due to the performance of the Extra Work or deleted work. 7. Insurance, Bonds. Additional or saved costs of insurance and bonds, provided, however, that for Extra Work such costs shall not exceed one percent (1%) of Items 1 through 6 above. D.Costs Not Allowed Allowable Costs shall not include any of the following: 1. Wages, salaries, fringe benefits and payroll taxes of Contractor’s and all Subcontractor’s non- craft labor (above a Foreman level); 2. Overhead (including home office overhead), administrative or general expenses of any kind including engineering, estimating, scheduling, drafting, detailing, etc., incurred in connection with Extra Work; 3. Vehicles not dedicated solely for the performance of the extra of deleted work; 4. Small tools (replacement value not exceeding $500); 5. Office expenses, including secretarial and administrative staff, materials and supplies; 6. On-site and off-site trailer and storage rental and expenses; 7. Site fencing; 8. Utilities, including gas, electric, sewer, water, telephone, telefax, copier equipment; 9. Computer and data processing personnel, equipment and software; 10. Federal, state of local business income and franchise taxes; 11. Losses of efficiency or productivity; and 12. Costs and expenses of any kind or item not specifically and expressly included in Paragraph 6.06-C. E.Allowable Mark-Up 1. Extra Work by contractor (Markup): The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profits: Labor Materials Equipment Rental Other Items and Expenditures 33% 15% 15% 15% 2. Extra Work by Subcontractor (Markup): When all or any part of the extra work is performed by a Subcontractor, the markup provided for the Contractor in 6.06.E.1 shall apply to the Subcontractor’s actual costs. A markup of 5% on the subcontracted portion of each extra work may be added for the Contractor. Page 47 of 120 . . Item 8 Page 50 of 221 F.Net Allowable Costs If anyone scope change involves both Extra Work and deleted work in the same portion of the Work and the additive allowable costs exceed the deductive allowable costs, the Allowable Markups on the Extra Work will be only the difference between the two amounts. 6.07 CITY ORIGINATED REQUEST FOR ITEMIZED CHANGE ORDER PROPOSAL REQUEST City may issue a Construction Change Directive or other written request to Contractor describing a proposed change to the Work and requesting the Contractor submit an itemized change order proposal in a format acceptable to City within ten (10) calendar days after City issues the request. The Contractor's change order proposal shall include an analysis of impacts to cost and time, if any, to perform additional work, change Work or delete Work, as applicable, including the effects and impacts, if any, on unchanged Work, estimates of costs (broken down by the cost categories listed in this Paragraph), and Contractor's proposed methods to minimize costs, delay, and disruption to the performance of the Work. If Contractor fails to submit a written change order proposal within such period of time, it shall be presumed that the change described in the City's original proposal request will not result in an increase to the Contract Sum or Contract Time and the change shall be performed by Contractor without additional compensation to Contractor. City's request for itemized change order proposal request does not authorize the Contractor to commence performance of the change. If City desires that the proposed change be performed, the Work shall be authorized according to the Change Order or Construction Change Directive procedures set forth herein. 6.08 CONTRACTOR ORIGINATED CHANGE ORDER REQUEST (COR) If the Contractor believes that instructions issued by the City after the effective date of the Contract will result in changes to the Contract Sum or Contract Time or if the Contractor otherwise becomes aware of the need for or desirability of a change in the Work, Contractor may submit a written Change Order Request ("COR") to the City in writing, in a format acceptable to City and in accordance with the notice provisions and other requirements of Article 7 below for Claims. The COR must specify the reasons for the proposed change, cost impacts and relevant circumstances and impacts on the Construction Schedule. The document shall be complete in its description of the Work, its material and labor quantities and detail, and must support and justify the costs and credits claimed by the Contractor. A Critical Path Method schedule Fragnet is required to support and justify any additional time of performance requested by the Contractor. The City will not review any COR which is incomplete. The Contractor may request additional compensation and/or time through a COR but not for instances that occurred more than ten (10) calendar days prior to the notice date. Contractor's failure to initiate a COR within this ten-day period or to provide detailed back-up documentation to substantiate the COR within thirty (30) calendar days of the initial written notice shall be deemed a waiver of the right to adjustment of the Contract Sum or the Contract Time for the alleged change. Any COR that is approved by the City shall be incorporated in a Change Order or Construction Change Directive. If the COR is denied but the Contractor believes that it does have merit, the Contractor shall proceed with the disputed Work and may submit a Claim in accordance with the procedures set forth herein. 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] Page 48 of 120 . . Item 8 Page 51 of 221 ARTICLE 7 - CONTRACT PAYMENTS AND CLAIMS 7.01 GENERAL A. B. C. 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. 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. No subsequent progress payment will be made prior to receipt by the Director of the monthly revision of the Construction Progress Schedule. 7.02 SCHEDULE OF VALUES FOR PAYMENTS A.Submission Upon City’s request, the three (3) lowest bidders shall complete and submit a Preliminary Schedule of Values, within seven (7) calendar days. In addition, Contractor shall complete and furnish within seven (7) calendar days after receiving the Notice of Award of the Construction Contract a Final Schedule of Values giving a complete breakdown of the Contract Sum for each component of the Work. B.Content The Schedule of Values shall be in sufficient detail as the Director may, in its discretion, deem necessary to evaluate progress at any point in the performance of the Work. Unless otherwise specified in the Contract Documents, the Schedule of Values shall include, without limitation, a breakdown of the general categories of Subcontractor work, direct overhead, profit and contingency, and a further breakdown of the general categories of Subcontractor work into separate trade line items of costs for Subcontractor services, labor and material, which is based on actual Subcontractor contract, subcontract, purchase order or vendor prices. If requested by Director, Contractor shall revise the Schedule of Values to allocate sums for Contractor overhead, profit and/or contingency among the individual line items for trade portions of the Work. No amounts shall be reflected in the Schedule of Values or Application for Payment for Extra Work or Deleted Work for which a Change Order has not been executed by Contractor and City or for which a Construction Change Directive has not been issued by City. Amounts that have been mutually agreed to by Change Order or unilaterally determined by City pursuant to a Construction Change Directive shall be segregated from the cost of the base Contract Work and separately listed by line item in the Schedule of Values. The Schedule of Values must be prepared in sufficient detail and supported by sufficient data to substantiate its accuracy as the Director may require. C.Applications for Payment The Schedule of Values, when approved by the Director, shall be used as a basis for Contractor's Applications for Payment and may be considered as fixing a basis for adjustments to the Contract Sum. Page 49 of 120 . . Item 8 Page 52 of 221 D.Revisions If, at any time, it is determined that the Schedule of Values does not allocate the Contract Sum in a manner that reasonably and fairly reflects the actual costs anticipated to be progressively incurred by Contractor, it shall be revised and resubmitted for the Director’s approval. 7.03 APPLICATIONS FOR PAYMENT A. B. 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. Monthly Review For the purpose of expediting the progress payment procedure, Contractor shall meet with the Director on or before the twentieth (20th) day of each month to review the Contractor's marked Schedule of Values prepared in accordance with Paragraph 7.03-A, above. The Director shall revise as appropriate and sign the marked Schedule of Values to verify such review. If any item in the marked Schedule of Values submitted for payment is disputed during this review, Contractor agrees to use its best efforts to resolve the disputed items with the Director before submitting its Application for Payment. If the Director and Contractor cannot agree, then the percentage completion shall be established at such percentage as the Director, in good faith, determines is appropriate to the actual progress of the Work. No inaccuracy or error in the Director’s good faith estimate shall operate to release Contractor or Surety from any responsibility or liability arising from or related to performance of the Work. The Director shall have the right subsequently to correct any error and dispute any item submitted in Contractor's Application for Payment, regardless of whether an item was identified as disputed in the review process provided for herein. C.Certification Each Application for Payment shall be signed and certified by Contractor under penalty of perjury to City that: 1. The data comprising the Application for Payment is accurate and the Work has progressed to the point indicated; 2. To the best of Contractor's knowledge, information and belief, the Work is in accordance with the Contract Documents; 3. Contractor is entitled to payment in the amount certified; and 4. All sums previously applied for by Contractor on account of Work performed by Subcontractors and that have been paid by City have been paid to the Subcontractors performing such Work, without any retention, withholding or backcharge by Contractor. Page 50 of 120 . . Item 8 Page 53 of 221 D.Stored Materials Payments may be made by City, at its discretion, on account of materials or equipment not incorporated into the Work but delivered on the ground at the Site and suitably stored by Contractor or stored off-Site under the control of City. Such payments shall only be considered upon submission by Contractor of satisfactory evidence that it has acquired title to same, that the material or equipment will be utilized in the Work and that the material is satisfactorily stored, protected and insured, and that such other procedures are in place satisfactory to City to protect City's interests. To be considered for payment, materials or equipment stored off-Site shall, in addition to the above requirements and unless otherwise specifically approved by City in writing, be stored in a bonded warehouse, fully insured, and available to City for inspection. City shall have sole discretion to determine the amount of material and equipment that may be stored on the Site at any given time. 7.04 PROGRESS PAYMENTS A. Conditions to Progress Payments Contractor shall submit its Application for Payment to the Director, using such forms as required by City, once a month on or before the first (1st) Day of the month following the month in which the Work that is the subject of such Application for Payment was performed. Without limitation to any other provisions of the Contract Documents, the following shall be conditions precedent to a proper submission and to the Director approval of each Application for Payment: 1. Submission of a Schedule of Values that reflects the percentages of completion either agreed to or determined by Director in accordance with Paragraph 7.03-B, above; 2. Submission of the Contractor's certification required by Paragraph 7.03-C, above; 3. Submission of conditional releases of stop notice, if any, and bond rights upon progress payment, complying with California Civil Code Section 8132, for all Work performed during the time period covered by the current Application for Payment, signed by Contractor, its Subcontractors of every tier, and all material suppliers to each, and (2) forms of unconditional release of stop notice and bond rights upon progress payment, complying with California Civil Code Section 8134 for all Work performed during the time period covered by the previous Application for Payment, signed by Contractor, its Subcontractors of every tier and all material suppliers to each; 4. Compliance by Contractor with its obligation for maintenance of As-Builts as required by the Contract Documents; 5. Compliance by Contractor with its obligation for submission of monthly and daily reports as required by the Contract Documents; 6. Compliance by Contractor with its obligations for submission of scheduling information and updating of the Construction Schedule as required by Article 4, above and other provisions of the Contract Documents pertaining to preparation or updating of schedule information; 7. Submission of certified payroll records as required by the Contract Documents; 8. Submission of certifications by Contractor and each Subcontractor as required by applicable collective bargaining agreements certifying that all employee benefit contributions due and Page 51 of 120 . . Item 8 Page 54 of 221 owed pursuant to any applicable collective bargaining agreement have been paid in full; and 9. Compliance by Contractor with all of its other obligations for submission of documentation or performance of conditions which, by the terms of the Contract Documents, constitute conditions to Contractor's right to receive payment for Work performed. B.Payments by City Pursuant to California Public Contract Code Section 20104.50, City shall make progress payment of undisputed sums due within thirty (30) Days after receipt by Director of an undisputed and properly submitted Application for Payment, calculated on the basis of ninety-five percent (95%) of value determined pursuant to Paragraph 7.03-B above of the following: 1. The portion of the Work permanently installed and in place; 2. Plus, the value of materials delivered on the ground or in storage as approved by City pursuant to Paragraph 7.03-D, above, 3. Less, the aggregate of previous payments, and 4. Less, any other withholdings authorized by the Contract Documents. Rejection by CityC. D. 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. Interest If City fails to make a progress payment to Contractor as required by Paragraph 7.04-B, above, City shall pay interest to Contractor equivalent to the legal rate set forth in subdivision (a) of California Code of Civil Procedure Section 685.010. The number of Days available to City to make payment pursuant to Paragraph 7.04-B, above without incurring interest pursuant to this Paragraph shall be reduced by the number of Days by which City exceeds the seven (7) Day return requirement applicable to City as set forth in Paragraph 7.04-C, above. 7.05 FINAL PAYMENT A.Retention ln addition to withholdings permitted by Paragraph 7.09 below, a sum equal to five percent (5%) of all sums otherwise due to Contractor as progress payments shall be withheld by city pursuant to Paragraph 7.04-B from each progress payment (“Retention”) and retained until such time as it is due as described herein. A higher Retention amount may be approved by the City Council where project is deemed “substantially complex” by City Council. Page 52 of 120 . . Item 8 Page 55 of 221 B.Conditions to Final Payment Contractor shall submit its Application for Final Payment, using such forms as required by Director, prior to requesting a final inspection of the Work in accordance with Paragraph 3.06 above. Such Application for Final Payment shall be accompanied by all the following: 1. An affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Project for which City or City's property or funds might be liable have been paid or otherwise satisfied; 2. Contractor’s certification as required by Paragraph 7.03-C, above; 3. Consent of surety, if any, to Final Payment; 4. A certificate evidencing that the insurance required by the Contract Documents is in force; 5. Conditional Waiver and Release Upon Final Payment in the form required by California Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all material suppliers of each, covering the final payment period; 6. Unconditional Waiver and Release Upon Progress Payment in the form required by California Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all material suppliers of each, covering the previous payment period; 7. All Record Documents (including, without limitation, complete and accurate As-Built drawings which shall be kept up to date during the performance of the Work); 8. Documentation that Contractor has inspected, tested, and adjusted performance if every system or facility of the Work to ensure that overall performance is in compliance with the terms of the Contract Documents; 9. Four (4) copies of all warranties from vendors and Subcontractors, operation and maintenance manuals, instructions and related agreements, and equipment certifications and similar documents; 10. Certifications by Contractor and each Subcontractor as required by applicable collective bargaining agreements that all employee benefit contributions due and owing pursuant to any applicable collective bargaining agreement have been paid in full; 11. Releases of rights and claims relating to patents and trademarks, as required by the Contract Documents; and 12. Any other documents or information required by the Contract Documents as a condition of Final Payment or Final Completion. C.Final Payment Pursuant to the Public Contract Code Section 7107, within sixty (60) Days after City issues the Notice Page 53 of 120 . . Item 8 Page 56 of 221 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. D.Disputed Amounts Pursuant to California Public Contract Code 7107, City may deduct and withhold from the Final Payment due under Paragraph 7.05-C, above, an amount up to 150% of any disputed amounts, including, without limitation, amounts to protect City against any loss caused or threatened as a result of Contractor's failing to fully perform all of those obligations that are required to be fulfilled by Contractor as a condition to Final Completion and Final Payment. Alternatively, City may elect, in its sole discretion, to accept the Work without correction or completion and adjust the Contract Sum pursuant to the Contract Documents. E.Acceptance of Final Payment Acceptance of Final Payment by Contractor shall constitute a waiver of all rights by Contractor against City for recovery of any loss, excepting only those Claims that have been submitted by Contractor in the manner required by the Contract Documents prior to or at the time of the Final Payment. 7.06 MISCELLANEOUS A. Joint Payment City shall have the right, if deemed necessary in its sole discretion, to issue joint checks made payable to Contractor and any Subcontractor(s) of any Tier. The joint check payees shall be solely responsible for the allocation and disbursement of funds included as part of any such joint payment. Endorsement on such check by a payee shall be conclusively presumed to constitute receipt of payment by such payee. In no event shall any joint check payment be construed to create any contract between City and a Subcontractor of any Tier, any obligation from City to such Subcontractor or any third party rights against City or Director. B.Withholding/Duty to Proceed The payment, withholding or retention of all or any portion of any payment claimed to be due and owing to Contractor shall not operate in any way to relieve Contractor from its obligations under the Contract Documents. Contractor shall continue diligently to prosecute the Work without reference to the payment, withholding or retention of any payment. The partial payment, withholding or retention by City in good faith of any disputed portion of a payment, whether ultimately determined to be correctly or incorrectly asserted, shall not constitute a breach by City of the Construction Contract and shall not be grounds for an adjustment of the Contract Sum or Contract Time. C. D. 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. Contractor Payment Warranty Submission of an Application for Payment shall constitute a representation and warranty by Contractor that: Page 54 of 120 . . Item 8 Page 57 of 221 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. 7.07 PAYMENTS BY CONTRACTOR Contractor shall not include in its Applications for Payment sums on account of any Subcontractor's portion of the Work that it does not intend to pay to such Subcontractor. Upon receipt of payment from City, Contractor shall pay the Subcontractor performing Work on the Project, out of the amount paid to Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled in accordance with the terms of its contract with Contractor and applicable laws, including, without limitation, California Public Contract Code Section 7107. Contractor shall remain responsible notwithstanding a withholding by City pursuant to the terms of these Contract Documents, to promptly satisfy from its own funds sums due to all Subcontractors who have performed Work that is included in Contractor's Application for Payment. Contractor shall, by appropriate agreement, require each Subcontractor to make payments to its subcontractors and material suppliers in similar manner. City shall have no obligation to pay or be responsible in any way for payment to a Subcontractor of any tier or material supplier. 7.08 PAYMENTS WITHHELD A.Withholding by City In addition to any other amounts which City may have the right to retain under the Contract Documents, City may withhold a sufficient amount of any payment otherwise due to Contractor as City, in its sole discretion, may deem necessary to cover actual or threatened loss due to any of the following: 1. Third Party Claims. Third-party claims or stop notices filed or reasonable evidence indicating probable filing of such claims or stop notices. City shall promptly inform Contractor of any third party claims related to this Contract; 2. Defective Work. Defective Work not remedied; 3. Nonpayment. Failure of Contractor to make proper payments to its Subcontractors for services, labor, materials or equipment; 4. Inability to Complete. Reasonable doubt that the Work can be completed for the then unpaid balance of the Contract Sum or within the Contract Time; Page 55 of 120 . . Item 8 Page 58 of 221 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. Release of WithholdingB. C. 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. Application of Withholding City may apply sums withheld pursuant to Paragraph 7.08-A above, in payment of any loss or threatened loss as City determines, in its sole discretion, to be appropriate. Such payments may be made without a prior judicial determination of City’s actual rights with respect to such loss. Contractor agrees and hereby designates City as its agent for such purposes, and agrees that such payments shall be considered as payments made under Construction Contract by City to Contractor. City shall not be liable to Contractor for such payments made in good faith. City shall submit to Contractor an accounting of such funds disbursed on behalf of Contractor. As an alternative to such payment, City Page 56 of 120 . . Item 8 Page 59 of 221 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 Page 57 of 120 . . Item 8 Page 60 of 221 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. 7.10 CLAIMS A.Arising of Claim. 1. Scope Change. When Contractor has a claim for an increase in the Contract Sum or Contract Time due to a scope change which has not yet become final, a “claim” will be deemed to arise once the Director has issued a decision denying, in whole or in part, the Contractor’s Change Order Request. 2. Other Claims. In the case of a Claim by Contractor that does not involve an adjustment to the Contract Sum or Contract Time due to a scope change and which has not become final, the Claim may be asserted if, and only if, Contractor gives written notice to City of intent to file the Claim within three (3) days of the date of discovery relative to such circumstances (even if Contractor has not yet been damaged or delayed). Such written notice of intent to file a Claim shall be valid if, and only if, it identifies the event or condition giving rise to the Claim, states its probable effect, if any with respect to Contractor's entitlement to an adjustment of the Contract Sum or Contract Time and complies with the requirements of Paragraph 7.11-B, below. For purposes of this Paragraph 7.11, a Claim for which such written notice is required and has been given by Contractor shall be deemed to arise on the date that such written notice is received by City. B.Content of Claim A Claim by Contractor must include all of the following: 1. A statement that it is a Claim and a request for a decision on the Claim; Page 58 of 120 . . Item 8 Page 61 of 221 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 penalty of perjury that I am a managing officer of (Contractor's name) and that I have reviewed the Claim presented herewith on Contractor's behalf and/or on behalf of (Subcontractor's name) and that, to the best of my knowledge after conducting a diligent inquiry into the facts of the Claim, the following statements are true and correct: The facts alleged in or that form the basis for the Claim are, to the best of my knowledge following diligent inquiry, true and accurate; and, (a)I do not know of any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim materially misleading; and, (b)I have, with respect to any request for money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records (including those maintained by Contractor and by any Subcontractor, of any tier, that is asserting all or any portion of the Claim) and confirmed with reasonable certainty that the losses or damages suffered by Contractor and/or such Subcontractor were in fact suffered in the amounts and for the reasons alleged in the Claim; and, (c)I have, with respect to any request for extension of time or claim of delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules (including those maintained by Contractor and the Subcontractor, of any tier, that is asserting all or any portion of the Claim) and confirmed on an event-by-event basis that the delays or disruption suffered by Contractor and/or such Subcontractor were in fact experienced for the durations, in the manner, and with the consequent effects on the time and/or sequence of Page 59 of 120 . . Item 8 Page 62 of 221 . . Item 8 Page 63 of 221 . . Item 8 Page 64 of 221 3. Meet and Confer. If Contractor disputes City's response, or if City fails to respond within the prescribed time set forth in Paragraph 7.10-E.1 and 7.10-E.2, above, Contractor may so notify City, in writing, within fifteen (15) days of City's response, or within fifteen (15) days of City’s response due date in the event of a failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon such demand, City shall schedule a meet and confer conference within thirty (30) days of such demand, for discussion of settlement of the dispute. F.Finality of Decision If Contractor disputes the Director’s decision under this Article, it shall commence the Dispute Resolution Process as set forth in Article 15 of these General Conditions by filing a Statement of Dispute within seven (7) days after receipt of the Director’s response. G.Continuing Contract Performance/Duty to Proceed with Disputed Work Contractor shall not delay or postpone any Work pending resolution of any claims, disputes or disagreements. Pending final resolution of a claim, the Contactor shall proceed diligently with performance of the Contract and the City shall continue to make payments for undisputed Work in accordance with the Contract Documents. In the event of disputed Work, City shall have the right to unilaterally issue a Work Directive and Contractor shall continue performance pending resolution of the dispute and shall maintain the accounting and cost data to substantiate the cost of such disputed work. [END OF ARTICLE] Page 61 of 120 . . Item 8 Page 65 of 221 ARTICLE 8 - MATERIALS AND EQUIPMENT 8.01 GENERAL A.The Contractor shall furnish all materials and equipment needed to complete the Work and installations required under the terms of this Contract, except those materials and equipment specified to be furnished by the City. B.The Contractor shall submit satisfactory evidence that the materials and equipment to be furnished and used in the work are in compliance with the Specifications. Materials and equipment incorporated in the Work and not specifically covered in the Specifications shall be the best of their kind. Unless otherwise specified, all materials and equipment incorporated in the Work under the Contract shall be new. 8.02 QUALITY AND WORKMANSHIP All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best standard practices. All materials and equipment must be of the specified quality and equal to approved samples, if samples have been required. All Work shall be done and completed in a thorough, workmanlike manner, notwithstanding any omission from the Specifications or Drawings, and it shall be the duty of the Contractor to call attention to apparent errors or omissions and request instructions before proceeding with the Work. The Director may, by appropriate instructions, correct errors and supply omissions, which instructions shall be binding upon the Contractor as though contained in the original Specifications or Drawings. All Work performed under the Specifications will be inspected by the Director as provided in Paragraph 8.04. All materials and equipment furnished and all Work done must be satisfactory to the Director. Work, material, or equipment not in accordance with the Specifications, in the opinion of the Director shall be made to conform thereto. Unsatisfactory materials and equipment will be rejected, and if so ordered by the Director, shall, at the Contractor's expense, be immediately removed from the vicinity of the Work. 8.03 8.04 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. APPROVAL OF MATERIALS A.The Contractor shall furnish without additional cost to the City such quantities of construction materials as may be required by the Director for test purposes. He/she shall place at the Director's disposal all available facilities for and cooperate with him in the sampling and testing of all materials and workmanship. The Contractor shall prepay all shipping charges on samples. No samples are to be submitted with the bids unless otherwise specified. B.Each sample submitted shall be labeled. A letter, in duplicate, submitting each shipment of samples shall be mailed to the Director by the Contractor. Both the label on the sample and the letter of transmittal shall indicate the material represented, its place of origin, the names of the producer and the Contractor, the Specifications number and title, and a reference to the applicable Drawings and Specifications paragraphs. Page 62 of 120 . . Item 8 Page 66 of 221 C. D. 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. Failure of any material to pass the specified tests, including life cycle maintenance data may be sufficient cause for refusal to consider under this Contract, any further sample of the same brand or make of that material. 8.05 ORDERING MATERIALS AND EQUIPMENT One copy of each of the Contractor's purchase orders for materials and equipment forming a portion of the Work must be furnished to the Director, if requested. Each such purchase order shall contain a statement that the materials and equipment included in the order are subject to inspection by the City. Materials and equipment purchased locally will, at the City’s discretion, be inspected at the point of manufacture or supply, and materials and equipment supplied from points outside the Los Angeles area will be inspected upon arrival at the job, except when other inspection requirements are provided for specific materials in other sections of the Contract Documents. 8.06 AUTHORITY OF THE DIRECTOR A. B. 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. The Director will make periodic observations of materials and completed work to observe their compliance with Drawings, Specifications, and design and planning concepts, but he/she is not responsible for the superintendence of construction processes, site conditions, operations, equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of work. 8.07 INSPECTION All materials furnished and work done under this Contract will be subject to rigid inspection. The Contractor shall furnish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining them, as requested by the Director. The Director, or his/her authorized agent or agents, at all times shall have access to all parts of the shop and the works where such materials under his/her inspection is being manufactured or the work performed. Work or material that does not conform to the Specifications, although accepted through oversight, may be rejected at any stage of the Work. Whenever the Contractor is permitted or directed to do night work or to vary the period during which work is carried on each day, he/she shall give the Director due notice, so that inspection may be provided. Such work shall be done under regulations to be furnished in writing by the Director. 8.08 INFRINGEMENT OF PATENTS The Contractor shall hold and save the City, its officers, agents, servants, and employees harmless from and against all and every demand or demands, of any nature or kind, for or on account of the use of any patented invention, process, equipment, article, or appliance employed in the execution of the Work or included in the materials or supplies agreed to be furnished under this Contract, and should the Contractor, his/her agents, servants, or employees, or any of them, be enjoined from furnishing or using any invention, process, equipment, article, materials, supplies or appliance supplied or required to be supplied or used under this Contract, the Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or Page 63 of 120 . . Item 8 Page 67 of 221 appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to the Director. Or in the event that the Director elects, in lieu of such substitution, to have, supplied, and to retain and use, any such invention, process, equipment, article, materials, supplies, or appliances, as may by this Contract be required to be supplied and used, in that event the Contractor shall at his/her expense pay such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its officers, agents, servants, and employees, or any of them, to use such invention, process, equipment, article, materials, supplies, or appliances without being disturbed or in way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse promptly to make the substitution hereinbefore required, or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid, then in that event the Director shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due the Contractor from the City, or recover the amount thereof from him/her and his/her surety, notwithstanding final payment under this Contract may have been made. [END OF ARTICLE] Page 64 of 120 . . Item 8 Page 68 of 221 ARTICLE 9 – SUBMITTALS 9.01 GENERAL A.The Contractor shall submit samples, drawings, and data for the Director's approval which demonstrate fully that the construction, and the materials and equipment to be furnished will comply with the provisions and intent of the Drawings and Specifications. B.Specific items to be covered by the submittals shall include, as a minimum, the following: 1. 2. 3. For structures, submit all shop, setting, equipment, miscellaneous iron and reinforcement drawings and schedules necessary. 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. For equipment which requires electrical service, submit detailed information to show power supply requirements, wiring diagrams, control and protection schematics, shop test data, operation and maintenance procedures, outline drawings, and manufacturer's recommendation of the interface/interlock among the equipment. 4.For mechanical equipment submit all data pertinent to the installation and maintenance of the equipment including shop drawings, manufacturer's recommended installation procedure, detailed installation drawings, test data and curves, maintenance manuals, and other details necessary. 5.Samples 6.Colors 7.Substitutions 8.Manuals 9.As-built drawings Safety plans required by Article 1010. 9.02 9.03 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. 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. Page 65 of 120 . . Item 8 Page 69 of 221 9.04 SHOP DRAWINGS A. B. C. 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. All shop drawing prints shall be made in blue or black line on white background. Reproductions of City/Contract Drawings are not acceptable. The overall dimensions of each drawing submitted to the Director shall be equal to one of the City's standard sheet sizes as listed below. The title block shall be located in the lower right hand corner of each drawing and shall be clear of all line Work, dimensions, details, and notes. Sheet Sizes Height X Width 11" X 8 1/2" 11" X 17" 24" X 36" 30” X 42” 9.05 COLORS Unless the precise color and pattern are specified elsewhere, submit accurate color charts and pattern charts to the Director for his/her review and selection whenever a choice of color or pattern is available in a specified product. Label each chart naming the source, the proposed location of use on the project, and the project. 9.06 9.07 MANUFACTURERS' LITERATURE Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly show which portions of the contents are being submitted for review. SUBSTITUTIONS A.The Contract is based on the materials, equipment, and methods described in the Contract Documents. Any Contractor proposed substitutions are subject to the Director’s approval. The Director will consider proposals for substitution of materials, equipment, and methods only when such proposals are accompanied by full and complete technical data, and all other information, including life cycle maintenance data, required by the Director to evaluate the proposed substitution. B. C. 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. Trade names and "or approved equal" provision as set forth in Paragraph 8.03. 9.08 MANUALS A. When manuals are required to be submitted covering items included in this Work, prepare and submit such manuals in approximately 8-1/2" X 11" format in durable plastic binders. In addition, manuals shall be submitted in electronic format. Manuals shall contain at least the following: 1.Identification on, or readable through, the front cover stating general nature of the manual. Page 66 of 120 . . Item 8 Page 70 of 221 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. 4. Complete instructions regarding operation and maintenance of all equipment involved. Complete nomenclature of all replaceable parts, their part numbers, current cost, and name and address of nearest vendor of parts. 5. 6. Copy of all guarantees and warranties issued. Copy of drawings with all data concerning changes made during construction. B.Where contents of manuals include manufacturers' catalog pages, clearly indicate the precise items included in this installation and delete, or otherwise clearly indicate, all manufacturers' data with which this installation is not concerned. 9.09 AS-BUILT DRAWINGS A.When required to be submitted covering items included in this Work, the Contractor shall deliver to the City one complete set of final As-Built hard copy drawings together with a set of AutoCAD drawing files in electronic format showing completed building, “as-built” for City records before the Contract will be accepted by the City. B. C. 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). 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 9.11 SUBMITTALS QUANTITIES A.Submit one (1) copy via email to lmelendez@cityofvernon.org 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. IDENTIFICATION OF SUBMITTALS Completely identify each submittal and re-submittal by showing at least the following information: A.Name and address of submitter, plus name and telephone number of the individual who may be contacted for further information. B. C. Name of project as it appears in the Contract Documents and Specification No. 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. Page 67 of 120 . . Item 8 Page 71 of 221 E.For samples, indicate the source of the sample. 9.12 SCHEDULE OF SUBMITTALS A. B. C. Submit initial schedule of submittals within five (5) Working Days after the Issuance Date on Notice to Proceed. Submit revised schedule of submittals within five (5) Working Days after date of request from the Director. The Director will review schedule of submittals and will notify Contractor that schedule is acceptable or not acceptable within five (5) Working Days after receipt. 9.13 COORDINATION OF SUBMITTALS A. Prior to submittal for the Director’s review, use all means necessary to fully coordinate all material, including the following procedures: 1. Determine and verify all field dimensions and conditions, materials, catalog numbers, and similar data. 2. Coordinate as required with all trades and with all public agencies involved. 3. Secure all necessary approvals from public agencies and others and signify by stamp, or other means, that they have been secured. 4. Clearly indicate all deviations from the Specifications. B.Unless otherwise specifically permitted by the Director, make all submittals in groups containing all associated items; the Director may reject partial submittals as not complying with the provisions of the Specifications. 9.14 TIMING FOR SUBMITTALS A.Make all submittals far enough in advance of scheduled dates of installation to provide all required time for reviews, for securing necessary approvals, for possible revision and re-submittal, and for placing orders and securing delivery. B. C. In scheduling, allow at least 15 Working Days for the Director’s review, plus the transit time to and from the City office. Manuals shall be submitted prior to performing functional tests. 9.15 APPROVAL BY CITY A.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 to Contractor via email for re-submittal if incomplete or unacceptable. B.Submittals marked "Approved as Noted" need not be resubmitted, but the notes shall be followed. Page 68 of 120 . . Item 8 Page 72 of 221 C. D. If submittal is returned for correction, it will be marked to indicate what is unsatisfactory. Resubmit one (1) original hard copy and one (1) electronic copy (via email to lmelendez@cityofvernon.org) of the revised drawings or data as indicated. E.Approval of each submittal by the Director will be general only and shall not be construed as: 1. Permitting any departures from the Specifications requirements. 2. Relieving the Contractor of the responsibility for any errors and omissions in details, dimensions, or of other nature that may exist. 3. Approving departures from additional details or instructions previously furnished by the Director. 9.16 CHANGES TO APPROVED SUBMITTALS A.A re-submittal is required for any proposed change to an approved submittal. Changes which require re-submittal include, but are not necessarily limited to, drawing revisions, changes in materials and equipment, installation procedures and test data. All re-submittals shall include an explanation of the necessity for the change. B.Minor corrections to an approved submittal may be accomplished by submitting a "Corrected Copy". [END OF ARTICLE] Page 69 of 120 . . Item 8 Page 73 of 221 ARTICLE 10 – SAFETY 10.01 PROTECTION OF PERSONS AND PROPERTY A.Contractor's Responsibility: Notwithstanding any other provision of the Contract Documents, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property, during performance of the Work. This requirement will apply continuously and will not be limited to normal working hours. Safety and sanitary provisions shall conform to all applicable Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of these are in conflict, the more stringent requirement shall be followed. B. C. Sanitary Facilities. The Contractor shall furnish and maintain sanitary facilities by the worksites for the entire construction period. Protection of the Public. The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Director, a condition exists which the Contractor has not taken sufficient precaution of public safety, protection of utilities and/or protection of adjacent structures or property, the Director will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the Director, or in the event of an emergency situation, the Director may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the Director, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor. 10.02 PROTECTION FROM HAZARDS A.Trench Excavation Excavation for any trench four (4) feet or more in depth shall not begin until the Contractor has received approval from the Director of the Contractor's detailed plan for worker protection from the hazards of caving ground during the excavation of such trench. Such plan shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during such excavation. No such plan shall allow the use of shoring, sloping or protective system less effective than that required by the Construction Safety Orders of the Division of Occupational Safety and Health, and if such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil or Structural Director in the State of California. B.Confined Spaces Contractor shall comply with all of the provisions of General Industry Safety Orders of the California Code of Regulations. Entry of a confined space shall not be allowed until the Contractor has received approval from the Director of the Contractor’s program for confined space entry. Confined space means a space that (1) Is large enough and so configured that an employee can bodily enter and perform assigned Work; and (2) Has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and (3) Is not designed for continuous employee occupancy. Failure to submit a confined space entry program Page 70 of 120 . . Item 8 Page 74 of 221 may result in actions as provided in Article 5: “Suspension or Termination of Contract.” Material Safety Data SheetC. 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. C. D. 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. 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. Change Order Request. If Contractor intends to seek an adjustment to the Contract Sum or Contract Time based upon Differing Site Conditions, it must, within ten (10) Days after the Discovery Date relative to such conditions, submit a Change Order Request setting forth a detailed cost breakdown and Time Impact Analysis, in the form required by Article 6 of these General Conditions, of the additional Allowable Costs and Excusable Delay resulting from such Differing Site Conditions. E.Failure to Comply. Failure by Contractor to strictly comply with the requirements of this Paragraph Page 71 of 120 . . Item 8 Page 75 of 221 10.03 concerning the timing and content of any notice of Differing Site Conditions or request for adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be deemed waiver of any right by the Contractor for an adjustment in the Contract Sum or Contract Time by reason of such conditions. F.Final Completion. No claim by the Contractor for additional compensation for Differing Site Conditions shall be allowed if asserted after Final Payment. G.In the event of disagreement between the Contractor and the Director whether the conditions do materially differ or whether a hazardous waste is involved or whether the conditions cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any completion date required by the Contract, but shall proceed with all Work to be performed under the Contract Documents. H. I. 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. 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 California Manual on Uniform Traffic Control Devices (MUTCD), published by BNi Books, and as directed and approved by the City Engineer. B. C. 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. 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 Engineer and all agencies having jurisdiction. Contractor shall immediately notify the Director, the City Engineer 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 California Manual on Uniform Traffic Control Devices (MUTCD) Page 72 of 120 . . Item 8 Page 76 of 221 and as approved by the City Engineer. 1. Portable signals shall not be used unless permission is given in writing by the agency having jurisdiction. 2. Warning signs used for nighttime conditions shall be reflectorized or illuminated. "Reflectorized signs" shall have a reflectorized background and shall conform to the current State of California Department of Transportation specification for reflective sheeting on highway signs. B.If the Contractor fails to provide and install any of the signs or traffic control devices required herby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. 10.06 EXECUTION A. B. C. D. The Contractor shall provide written notification to the Police Department, Traffic Bureau (323) 587- 5171, 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. 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. The Contractor shall notify the 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) 881-6183 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. 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. F. G. 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. 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. 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 Page 73 of 120 . . Item 8 Page 77 of 221 kept in good condition. H.When leaving a Work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. 10.07 FLAGGING A. Contractor shall provide flaggers to control traffic where required by the approved traffic control plan. 1. Flaggers shall perform their duties and shall be provided with the necessary equipment in accordance with the current "Instructions to Flaggers" of the State of 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] Page 74 of 120 . . Item 8 Page 78 of 221 ARTICLE 11 - INDEMNITY 11.01 INDEMNITY To the maximum extent permitted by law, the Contractor shall fully indemnify, hold harmless, protect, and defend the City, its officers, employees, agents, representatives and their successors and assigns (“Indemnitees”) from and against any and all demands, liability, loss, suit, claim, action, cause of action, damage, cost, judgment, settlement, decree, arbitration award, stop notice, penalty, loss of revenue, and expense (including any fees of accountants, attorneys, experts or other professionals, and costs of investigation, mediation, arbitration, litigation and appeal), in law or in equity, of every kind and nature whatsoever, arising out of or in connection with, resulting from or related to, or claimed to be arising out of the Work performed by Contractor, or any of its officers, agents, employees, Subcontractors, Sub-Subcontractors, design consultants or any person for whose acts any of them may be liable, regardless of whether such claim, suit or demand is caused, or alleged to be caused, in part, by an Indemnitee, including but not limited to: A. B. Bodily injury, emotional injury, sickness or disease, or death to any persons; Infringement of any patent rights, licenses, copyrights or intellectual property which may be brought against the Contractor or City arising out of Contractor’s Work, for which the Contractor is responsible; C.Stop notices and claims for labor performed or materials used or furnished to be used in the Work, including all incidental or consequential damages resulting to City from such stop notices and claims; D. E. F. Failure of Contractor or its Subcontractors to comply with the provisions for insurance; Failure to comply with any Governmental Approval or similar authorization or order; Misrepresentation, misstatement, or omission with respect to any statement made in or any document furnished by the Contractor in connection therewith; G. H. I. Breach of any duty, obligation, or requirement under the Contract Documents; Failure to provide notice to any Party as required under the Contract Documents; Failure to protect the property of any utility provider or adjacent property owner; or Failure to make payment of all employee benefits.J. 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 Page 75 of 120 . . Item 8 Page 79 of 221 or under the Contract Documents. In the event of any claim, suit or demand made against any Indemnitees, the City may in its sole discretion reserve, retain or apply any monies due to the Contractor under the Contract for the purpose of resolving such claims; provided, however, that the City may release such funds if the Contractor provides the City with reasonable assurance of protection of the City’s interests. The City shall in its sole discretion determine whether such assurances are reasonable. 11.03 NO LIMITATIONS Contractor’s indemnification and defense obligations set forth in this Article are separate and independent from the insurance provisions set forth in Article 12 herein; and do not limit, in any way, the applicability, scope, or obligations set forth in those insurance provisions. In claims, suits, or demands against any Indemnitee by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the Contractor’s indemnification and defense obligations shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefits acts, or other employee benefits acts. [END OF ARTICLE] Page 76 of 120 . . Item 8 Page 80 of 221 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’s Risk Manager. 12.04 INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY OBLIGATION This Agreement’s insurance provisions: A. B. Are separate and independent from the indemnification and defense provisions in Article 12 of the Agreement; and 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] Page 77 of 120 . . Item 8 Page 81 of 221 ARTICLE 13 – BONDS 13.01 REQUIRED BONDS A. Contractor shall furnish the following bonds: 1. A Performance Bond in an amount equal to one hundred percent (100%) of the total Contract price in the form shown in Exhibit "1" attached hereto. 2. A Payment Bond (Labor and Material) in an amount equal to one hundred percent (100%) of the total Contract price in the form shown in Exhibit "2" attached hereto. 3. A Maintenance Bond in an amount equal to ten percent (10%) of the total Contract price in the form shown in Exhibit "3" attached hereto. 13.02 POWER OF ATTORNEY All bonds shall be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety shall be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. 13.03 APPROVED SURETY All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of “A: VII”, or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. 13.04 REQUIRED PROVISIONS Every bond must display the surety’s bond number and incorporate the Contract for construction of the Work by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of the Contract Documents. 13.05 NEW OR ADDITIONAL SURETIES If, during the continuance of the Contract, any of the sureties, in the opinion of the City, are or become non- responsible or otherwise unacceptable to City, City may require other new or additional sureties, which the Contractor shall furnish to the satisfaction of City within ten (10) days after notice, and in default thereof the Contract may be suspended and the materials may be purchased or the Work completed as provided in Article 5 herein. Page 78 of 120 . . Item 8 Page 82 of 221 13.06 WAIVER OF MODIFICATIONS AND ALTERATIONS No modifications or alterations made in the Work to be performed under the Contract or the time of performance shall operate to release any surety from liability on any bond or bonds required to be given herein. Notice of such events shall be waived by the surety. 13.07 APPROVAL OF BONDS The Contract will not be executed by City nor the Notice to Proceed issued until the required bonds have been received and approved by City. City's decision as to the acceptability of all sureties and bonds is final. No substitution of the form of the documents will be permitted without the prior written consent of City. [END OF ARTICLE] Page 79 of 120 . . Item 8 Page 83 of 221 ARTICLE 14 - LABOR PROVISIONS 14.01 WORKING HOURS A. B. C. 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. 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. Night, Sunday and Holiday Work. No Work shall be performed at night, Sunday, or the ten (10) legal holidays to wit: New Year’s Day, Martin Luther King, Jr. Day, President’s Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Indigenous People’s Day, Veteran’s Day, Thanksgiving Day, Christmas Eve, Christmas Day and New Year’s Eve, except Work pertaining to the public safety or with the permission of the Director, and accordance with such regulations as he/she shall furnish in writing. Before performing any Work at said times, except Work pertaining to the public safety, the Contractor shall give written notice to the Director so that proper inspection may be provided. “Night” as used in this paragraph shall be deemed to include the hours from 7:00 P.M. to 7:00 A.M. of the next succeeding day. 14.02 COST OF OVERTIME CONSTRUCTION SERVICES AND INSPECTIONS A.Overtime construction Work performed at the option of, or for the convenience of, the Contractor will be inspected by the City at the expense of the Contractor. For any such overtime beyond the regular 8-hour day and for any time worked on Saturday, Sunday, or holidays the charges will be determined by the City, and submitted to the Contractor for payment. B. C. 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. There will be no charges to the Contractor for the inspection of overtime Work ordered by the Director or required by the Contract Documents. 14.03 COMPLIANCE WITH STATE LABOR CODE A. Contractor shall comply with the provisions of the Labor Code of the State of California and any amendments thereof. 1. The time of service of any worker employed upon the Work shall be limited and restricted to eight (8) hours during any one-calendar day, and 40 hours during any one-calendar week. 2. Work performed by employees of the Contractor in excess of eight (8) hours per day, and 40 hours during any one calendar week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay. 3. The Contractor and every Subcontractor shall keep an accurate record showing the name of and the actual hours worked each calendar day and each calendar week by each worker employed by him/her in connection with the Work; the record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Standards Enforcement of the State of California. Page 80 of 120 . . Item 8 Page 84 of 221 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 from the City at its Public Works Department, which shall be made available to any interested party upon request; or online at www.dir.ca.gov/DLSR/PWD/. To the extent that there are any differences in the federal and state prevailing wage rates for similar classifications of labor, the Contractor and its Subcontractors shall pay the highest wage rate. 2. The Contractor shall post a copy of the general prevailing rate of per diem wages at the job site. 3. The Contractor and any Subcontractor under him/her shall pay not less than the specified prevailing rate of wages to all workers employed in the execution of the Contract. 4. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining Contract applicable to the particular craft, classification, or type of worker employed on the project. 5. The Contractor shall, as a penalty to the State or the City, forfeit not more than Fifty Dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for the Work or craft in which the worker is employed under the Contract by the Contractor or by any Subcontractor under him. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which such worker was paid less than the stipulated prevailing wage rate shall be paid to such worker by the Contractor. 6. The specified wage rates are minimum rates only and the City will not consider and shall not be liable for any claims for additional compensation made by the Contractor because of payment by him/her of any wage rate in excess of the general prevailing rates. All disputes in regard to the payment of wages in excess of those specified herein shall be adjusted by the Contractor at his/her own expense. B.Payroll Records 1. Pursuant to California Labor Code Section 1776, the Contractor and each Subcontractor shall Page 81 of 120 . . Item 8 Page 85 of 221 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 California Labor Code Section 1777.5 et seq. requires all public works contractors and subcontractors to: 1. 2. 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. 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. 4. Pay the apprentice rate on public works projects only to those apprentices who are registered, as defined in Labor Code Section 3077. 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. C. California Labor Code Section 1777.7, subdivision (g), provides that the interpretation of Section 1777.5 shall be in accordance with the regulations of the California Apprenticeship Council, with which Contractor must also comply. Failure to comply with the provisions of California Labor Code Section 1777.5 et seq. 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. Page 82 of 120 . . Item 8 Page 86 of 221 D. E. 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. 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, including but not limited to Labor Code Sections 1776, 1777.5, 1777.6 and 1777.7. B.In the event the Contractor or any Subcontractor willfully fails to comply with the aforesaid provisions of the Labor Code, such Contractor or Subcontractor shall be subject to the penalties for noncompliance in the Labor Code of the State of California and any amendments thereof. 14.07 REGISTRATION WITH THE STATE DEPARTMENT OF INDUSTRIAL RELATIONS In the performance of this Contract, Contractor and/or any Subcontractor must be currently registered and qualified (including payment of any required fee) with the State Department of Industrial Relations pursuant to Labor Code 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 his/her agents or employees, Subcontractors, or any agent or employee thereof, to trespass on premises or lands in the vicinity of the Work. Only skilled supervisors 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] Page 83 of 120 . . Item 8 Page 87 of 221 ARTICLE 15 - DISPUTE RESOLUTION 15.01 SUBMISSION OF CLAIMS A.By Contractor Contractor’s right to commence the Claims Dispute Resolution Process shall arise upon the Director’s written response denying all or part of a Claim. Contractor shall submit a written Statement of Dispute to the Director within seven (7) Days after the Director rejects all or a portion of Contractor’s Claim. Contractor’s Statement of Dispute shall be signed under penalty of perjury and shall state with specificity the events or circumstances giving rise to the Claim, the dates of their occurrence and the effect, if any, on the compensation due or performance obligations of Contractor under the Construction Contract. Such Statement of Dispute shall include adequate supporting data to substantiate the disputed Claim. Adequate supporting data for a Claim relating to the adjustment of the Contractor’s obligations relative to time of performance shall include a detailed, event-by-event description of the impact of each delay on Contractor’s time for performance. Adequate supporting data to a Statement of Dispute submitted by Contractor involving Contractor’s compensation shall include a detailed cost breakdown and supporting cost data in such form and including such detailed information and other supporting data as required to demonstrate the grounds for, and precise amount of, the Claim. B. C. 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. Claims Defined The term “claims” as used herein shall be as defined in California Public Contract Code § 9204(c)(1). 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 Page 84 of 120 . . Item 8 Page 88 of 221 meeting, if the Claim is not resolved, the parties may either continue the negotiations or either party may declare negotiations ended. All discussions that occur during such negotiations and all documents prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152. B.Deferral of Claims Following the completion of the negotiations required by Paragraph 15.02-A., all unresolved Claims, except those that do not involve parties other than the Contractor and City, shall be deferred pending Final Completion of the Work, subject to City’s right, in its sole and absolute discretion, to require that the claims Dispute Resolution Process proceed prior to Final Completion. In the event that City does not elect to proceed with the Claims Dispute Resolution Process prior to Final Completion of the Work, all Claims that have been deferred until such Final Completion shall be consolidated within a reasonable time after such Final Completion and thereafter pursued to resolution pursuant to the Claims Dispute Resolution Process. Nothing contained in this Article 15 shall be interpreted as limiting the parties’ rights to continue informal negotiations of Claims that have been deferred until such Final Completion; provided, however, that such informal negotiations shall not be interpreted as altering the provisions of this Article 15 deferring final determination and resolution of unresolved Claims until after Final Completion of the Work. C.Required Provisions On Contract Claim Resolution Under California Law If a Claim is not resolved by the steps described in this Article 15(A) and 15(B), Public Contract Code Section 9204 specifies required provisions on resolving contract Claims of any size, and Public Contract Code Section 20104, et seq., specifies required provisions on resolving contract Claims less than $375,000. Those statutes constitute a part of this Contract. In the event any other Contract provision violates such statutes, the applicable statute controls. Public Contract Code Section 9204 provides: For the purposes of this section, “Claim” means a separate demand by Contractor for (1) a time extension, (2) payment or money or damages arising from Work done by or on behalf of Contractor arising under the contract documents and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by the City. Upon receipt of a Claim the City shall conduct a reasonable review of the Claim and within 45 days, or if the City’s governing body must approve the City’s response to the Claim and the governing body has not met within the 45 days, then within three (3) days of the Agency’s meeting, shall provide Contractor with a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Should the City take no action on the Claim within 45 days of submission, it shall be deemed denied.   If the Contractor disputes the City’s response to its Claim, including a failure to respond, it may submit via registered mail or certified mail, return receipt requested, a written demand for an informal conference to meet and confer for settlement of the issues in dispute. The City shall schedule such a meet and confer conference within 30 days for settlement of the dispute. Within ten (10) days of the meet and confer conference the City shall provide Contractor with a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. If the Contractor disputes the City’s statement, it shall inform the City and they shall mutually agree to a mediator within 10 business days of the written statement. The City shall pay the undisputed portions of the Claim within 60 days of the issuance of a written Page 85 of 120 . . Item 8 Page 89 of 221 statement identifying an undisputed portion. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to applicable procedures outside this section. For Claims under $375,000, unless the parties agree otherwise in writing, mediation pursuant to these provisions shall excuse the mediation obligation under Public Contracting Code section 20104.4(a).   The parties may mutually agree, in writing, to waive the mediation requirements of this subsection and proceed to the commencement of a civil action. Failure by the City to respond to a Claim from Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of the City’s failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor.   Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. If a Subcontractor or a lower tier subcontractor lacks legal standing to assert a Claim against the City because privity of contract does not exist, the Contractor may present to the City a Claim on behalf of a Subcontractor or lower tier subcontractor. A Subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which was performed by the Subcontractor or by a lower tier subcontractor on behalf of the Subcontractor. The Subcontractor requesting that the Claim be presented to the public entity shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the Subcontractor in writing as to whether the Contractor presented the Claim to the City and, if the original Contractor did not present the Claim, provide the Subcontractor with a statement of the reasons for not having done so. Nothing in this section shall impose liability upon the City that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. Public Contract Code Section 20104, et seq., provides: For the purposes of this section, “Claim” means a separate demand by Contractor of $375,000 or less for (1) a time extension, (2) payment or money or damages arising from Work done by or on behalf of Contractor arising under the Contract Documents and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by the City. Claims that together total more than $375,000 do not qualify as a Page 86 of 120 . . Item 8 Page 90 of 221 “separate demand of $375,000 or less,” and are not subject to this section.   A voucher, invoice, payment application, or other routine or authorized form of request for payment is not a Claim for purposes of this section. If such request is disputed as to liability or amount, then the disputed portion of the submission may be converted to a Claim under this section by submitting a separate Claim in compliance with Contract Documents Claim submission requirements. Caution. This section does not apply to tort Claims, and nothing in this section is intended nor shall be construed to change the time periods for filing tort Claims or actions specified by Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the California Government Code.   The Claim must be in writing, submitted in compliance with all requirements of the Contract Documents. For Claims of fifty thousand dollars ($50,000) or less, the City shall respond in writing within forty- five (45) days of receipt of the Claim, or the City may request in writing within thirty (30) days of receipt of the Claim, any additional documentation supporting the Claim or relating to any defenses or Claims the City may have against claimant. If additional information is thereafter required, it shall be requested and provided in accordance with this section upon mutual agreement of the City and claimant. The City’s written response to the Claim, as further documented, shall be submitted to claimant within fifteen (15) days after receipt of further documentation or within a period of time no greater than taken by claimant in producing the additional information, whichever is greater. For Claims over Fifty Thousand Dollars ($50,000) and less than or equal to $375,000: the City shall respond in writing within sixty (60) days of receipt of the Claim, or the City may request in writing within thirty (30) days of receipt of the Claim, any additional documentation supporting the Claim or relating to any defenses or Claims the City may have against claimant. If additional information is thereafter required, it shall be requested and provided in accordance with this section, upon mutual agreement of the City and claimant; the City’s written response to the Claim, as further documented, shall be submitted to claimant within thirty (30) days after receipt of further documentation or within a period of time no greater than taken by claimant in producing the additional information, whichever is greater. Meet and Confer: If claimant disputes the City’s written response, or the City fails to respond within the time prescribed above, claimant shall notify the City, in writing, either within fifteen (15) days of receipt of the City’s response or within fifteen (15) days of the City’s failure to timely respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon demand the City will schedule a meet and confer conference within thirty (30) days for settlement of the dispute. Following the meet and confer conference described herein, if the Claim or any portion remains in dispute, claimant may file a Claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the California Government Code. For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time claimant submits its written Claim as set forth herein, until the time that Claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. Page 87 of 120 . . Item 8 Page 91 of 221 D.Legal Proceedings If the Claim is not resolved by the procedures described in this Article 15 (A), 15 (B) and 15 (C) above, then the party wishing to further pursue resolution or determination of the Claim may 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] Page 88 of 120 . . Item 8 Page 92 of 221 ARTICLE 16 - ACCOUNTING RECORDS 16.01 MAINTENANCE OF RECORDS Contractor shall keep, and shall include in its contracts with its Subcontractors, provisions requiring its Subcontractors to keep full and detailed books and records in accordance with the requirements of the Contract Documents, including the following: all information, materials and data of every kind and character (hard copy, as well as computer readable data if it exists), that have any bearing on or pertain to any matters, rights, duties or obligations relating to the Project or the performance of the Work, including, without limitation, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, change orders, change order requests, estimates, field orders, schedules, diaries, logs, reports, shop drawings, samples, exemplars, Drawings, Specifications, invoices, delivery tickets, receipts, vouchers, cancelled checks, memoranda; accounting records; job cost reports; job cost files (including complete documentation covering negotiated settlements); backcharge; general ledgers; documentation of cash and trade discounts earned; insurance rebates and dividends, and other documents relating in way to Claims or Change Orders, Construction Change Directives, Work Directives, or other claims for payment related to the Project asserted by Contractor or any Subcontractor (“Accounting Records”). Contractor shall exercise such controls as may be necessary for proper financial management of the Work. Such accounting and control systems shall comply with prevailing custom and practice for similar projects, be satisfactory to City and shall include preservation of such records for a period of five (5) years after approval of the Notice of Completion and Acceptance by City, or for such longer period as may be required by applicable laws. 16.02 ACCESS TO RECORDS Contractor shall allow, and shall include in its contracts with its Subcontractors provisions requiring its Subcontractors to allow, City and its authorized representative(s), auditors, attorneys and accountants, upon twenty-four (24) hours notice to Contractor, full access to inspect and copy all books and records relating to the Project that Contractor is required to maintain pursuant to Paragraph 16.01, above. 16.03 CONTRACTOR NONCOMPLIANCE, WITHHOLDING Contractor's compliance with Paragraphs 16.01 and 16.02, above, shall be a condition precedent to maintenance of any legal action or arbitration by Contractor against City. In addition to and without limitation upon City's other rights and remedies for breach, including any other provisions for withholding set forth in the Contract Documents, City shall have the right, exercised in its sole discretion, to withhold from any payment to Contractor due under a current Application for Payment an additional sum of up to ten percent (10%) of the total amount set forth in such Application for Payment, until Contractor and its Subcontractors have complied with any outstanding and unsatisfied request by City under this Article 16. Upon such compliance with this Article 16, any additional monies withheld pursuant to this Paragraph 16.03 shall be released to Contractor. 16.04 SPECIFIC ENFORCEMENT BY CITY Contractor agrees that any failure by Contractor or any Subcontractor to provide access to its books and records as required by this Article 16 shall be specifically enforceable, by issuance of a preliminary and/or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court and without the necessity of oral testimony, to compel Contractor to permit access, inspection, audits and/or reproduction of such books and records or to require delivery of such books and records to City for inspection, audit and/or reproduction. [END OF ARTICLE] Page 89 of 120 . . Item 8 Page 93 of 221 ARTICLE 17-MISCELLANEOUS PROVISIONS 17.01 COMPLIANCE WITH APPLICABLE LAWS A.Notices, Compliance Contractor shall give all notices required by governmental authorities and comply with all applicable laws and lawful orders of governmental authorities, including but not limited to the provisions of the California Code of Regulations applicable to contractors performing construction and all laws, ordinances, rules, regulations and lawful orders relating to safety, prevailing wage and equal employment opportunities. B.Taxes, Employee Benefits Contractor shall pay at its own expense, at no cost to the City and without adjustment to the Contract Sum, all local, state and federal taxes, including, without limitation all sales, consumer, business license, use and similar taxes on materials, labor or other items furnished for the Work or portions thereof provided by Contractor or Subcontractors, all taxes arising out of its operations under the Contract Documents and all benefits, insurance, taxes and contributions for social security and unemployment insurance which are measured by wages, salaries or other remuneration paid to Contractor's employees. If under federal excise tax law any transaction hereunder constitutes a sale on which a federal excise tax is imposed and the sale is exempt from such excise tax because it is a sale for its exclusive use, then City, upon request, will execute documents necessary to show that is a political subdivision of the State for the purposes of such exemption and that the sale is for the exclusive use of the City, in which case no excise tax for such materials shall be included in the Bid or Contract Sum. C.Notice of Violations Contractor shall immediately notify the City and Director in writing of any instruction received from the City, Director, Architect or other person or entity that, if implemented, would cause a violation of any applicable law or lawful order of a governmental authority. If Contractor fails to provide such notice, then Director shall be entitled to assume that such instruction is in compliance with applicable laws and lawful orders of governmental authorities. If Contractor observes that any portion of the Drawings and Specifications or Work are at variance with applicable laws or lawful orders of governmental authorities, or should Contractor become aware of conditions not covered by the Contract Documents which will result in Work being at variance therewith, Contractor shall promptly notify Director in writing. If, without such notice to Director, Contractor or any Subcontractor performs any Work which it knew, or through the exercise of reasonable care should have known, was contrary to lawful orders of governmental authorities or applicable laws, then Contractor shall bear all resulting losses at its own expense, at no cost to City and without adjustment to the Contract Sum. 17.02 OWNERSHIP OF DESIGN DOCUMENTS A.Property of City All Design Documents, Contract Documents and Submittals (including, without limitation, all copies thereof) and all designs and building designs depicted therein are and shall remain the sole and exclusive property of the City and the City shall solely and exclusively hold all copyrights thereto. Without derogation the City’s rights under this Paragraph, the Contractor and Subcontractors are Page 90 of 120 . . Item 8 Page 94 of 221 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. C. 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. Delivery to City All Design Documents, Contract Documents and Submittals in the possession of Contractor or Subcontractors shall be returned to the City upon the earlier of Final Completion or termination of the Construction Contract; provided, however, that Contractor and each Subcontractor shall have the right to retain one (1) copy of the Contract Documents and Submittals for its permanent records. D.Subcontractors Contractor shall take all necessary steps to assure that a provision is included in all subcontracts with Subcontractors, of every tier, who perform Work on the Project establishing, protecting and preserving the, City’s rights set forth in this Paragraph. 17.03 AMENDMENTS The Contract Documents may be amended only by a written instrument duly executed by the parties or their respective successors or assigns. 17.04 WAIVER Either party's waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of the Contract Documents at any time shall not in any way limit or waive that party's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision, any course of dealing or custom of the trade notwithstanding. Furthermore, if the parties make and implement any interpretation of the Contract Documents without documenting such interpretation by an instrument in writing signed by both parties, such interpretation and implementation thereof will not be binding in the event of any future disputes. 17.05 INDEPENDENT CONTRACTOR Contractor is an independent contractor, and nothing contained in the Contract Documents shall be construed as constituting any relationship with City other than that of Project owner and independent contractor. In no event shall the relationship between City and Contractor be construed as creating any relationship whatsoever between City and Contractor's employees. Neither Contractor nor any of its employees is or shall be deemed to be an employee of City. Except as otherwise specified in the Contract Documents, Contractor has sole authority and responsibility to employ, discharge and otherwise control its employees and has complete and sole responsibility as a principal for its agents, for all Subcontractors and for all other Persons that Contractor or any Subcontractor hires to perform or assist in performing the Work. Page 91 of 120 . . Item 8 Page 95 of 221 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. B. 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. Contractor may collaterally assign its rights to receive payment under the Contract Documents. Contractor may not delegate any of its duties hereunder, except to Subcontractors as expressly otherwise permitted in the Contract Documents. Contractor's assignment or delegation of any of its Work under the Contract Documents shall be ineffective to relieve Contractor of its responsibility for the Work assigned or delegated, unless City, in its sole discretion, has approved such relief from responsibility. Any assignment of money shall be subject to all proper set-offs and withholdings in favor of City and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by City for completion of the Work, should Contractor be in default. C.Except for the limited circumstances set forth in Paragraph 17.06-B, above, Contractor may not, without the prior written consent of City in its sole discretion, voluntarily or involuntarily assign, convey, transfer, pledge, mortgage or otherwise encumber its rights or interests under the Contract Documents. No partner, joint venturer, member or shareholder of Contractor may assign, convey, transfer, pledge, mortgage or otherwise encumber its ownership interest in Contractor without the prior written consent of City, in City’s sole discretion. 17.07 SURVIVAL Contractor’s representations and warranties, the dispute resolution provisions contained in Article 15, and all other provisions which by their inherent character should survive termination of the Contract and/or Final Acceptance, shall survive the termination of the Contract and the Final Acceptance Date. 17.08 LIMITATION ON THIRD PARTY BENEFICIARIES It is not intended by any of the provisions of the Contract Documents to create any third party beneficiary hereunder or to authorize anyone not a party hereto to maintain a suit for personal injury or property damage pursuant to the terms or provisions hereof, except to the extent that specific provisions (such as the warranty and indemnity provisions) identify third parties and state that they are entitled to benefits hereunder. The duties, obligations and responsibilities of the parties to the Contract Documents with respect to such third parties shall remain as imposed by law. The Contract Documents shall not be construed to create a contractual relationship of any kind between City and a Subcontractor or any other Person except Contractor. 17.09 PERSONAL LIABILITY OF CITY EMPLOYEES City’s authorized representatives are acting solely as agents and representatives of City when carrying out the provisions of or exercising the power or authority granted to them under the Contract. They shall not be liable either personally or as employees of City for actions in their ordinary course of employment. Page 92 of 120 . . Item 8 Page 96 of 221 No agent, consultant, Council member, officer or authorized employee of City, shall be personally responsible for any liability arising under the Contract. 17.10 NO ESTOPPEL City shall not, nor shall any officer thereof, be precluded or estopped by any measurement, estimate or certificate made or given by the City representative or other officer, agent, or employee of City under any provisions of the Contract from at any time (either before or after the final completion and acceptance of the Work and payment therefor) pursuant to any such measurement, estimate or certificate showing the true and correct amount and character of the work done, and materials furnished by Contractor or any person under the Contract or from showing at any time that any such measurement, estimate or certificate is untrue and incorrect, or improperly made in any particular, or that the work and materials, or any part thereof, do not in fact conform to the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, City shall not be precluded or estopped from recovering from Contractor and its Sureties such damages as City may sustain by reason of Contractor’s failure to comply or to have complied with the Contract Documents. 17.11 GOVERNING LAW The laws of the State of California govern the construction and interpretation of the Contract Documents, without regard to conflict of law principles. Unless the Contract Documents provide otherwise, any reference to laws, ordinances, rules, or regulations include their later amendment, modifications, and successor legislation. If Contractor or City brings a lawsuit to enforce or interpret one or more provisions of the Contract Documents, jurisdiction is in the Superior Court of the County of Los Angeles, California, or where otherwise appropriate, in the United States District Court, Central District of California. Contractor and City acknowledge that the Contract Documents were negotiated, entered into, and executed—and the Work was performed—in the City of Vernon, California. 17.12 FURTHER ASSURANCES Contractor shall promptly execute and deliver to City all such instruments and other documents and assurances as are reasonably requested by City to further evidence the obligations of Contractor hereunder, including assurances regarding assignments of Subcontractors contained herein. 17.13 SEVERABILITY If any clause, provision, section, paragraph or part of the Contract is ruled invalid by a court having proper jurisdiction, then the parties shall: (a) promptly meet and negotiate a substitute for such clause, provision, section, paragraph or part, which shall, to the greatest extent legally permissible, effect the original intent of the parties, including an equitable adjustment to the Contract Price to account for any change in the Work resulting from such invalidated portion; and (b) if necessary or desirable, apply to the court or other decision maker (as applicable) which declared such invalidity for an interpretation of the invalidated portion to guide the negotiations. The invalidity or unenforceability of any such clause, provision, section, paragraph or part shall not affect the validity or enforceability of the balance of the Contract, which shall be construed and enforced as if the Contract did not contain such invalid or unenforceable clause, provision, section, paragraph or part. Page 93 of 120 . . Item 8 Page 97 of 221 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] Page 94 of 120 . . Item 8 Page 98 of 221 . . Item 8 Page 99 of 221 . . Item 8 Page 100 of 221 . . Item 8 Page 101 of 221 . . Item 8 Page 102 of 221 . . Item 8 Page 103 of 221 . . Item 8 Page 104 of 221 . . Item 8 Page 105 of 221 . . Item 8 Page 106 of 221 . . Item 8 Page 107 of 221 . . Item 8 Page 108 of 221 . . Item 8 Page 109 of 221 . . Item 8 Page 110 of 221 . . Item 8 Page 111 of 221 . . Item 8 Page 112 of 221 . . Item 8 Page 113 of 221 . . Item 8 Page 114 of 221 . . Item 8 Page 115 of 221 . . Item 8 Page 116 of 221 . . Item 8 Page 117 of 221 . . Item 8 Page 118 of 221 . . Item 8 Page 119 of 221 EXHIBIT 4 INSURANCE REQUIREMENTS 1.0 REQUIRED INSURANCE POLICIES At its own expense, Contractor shall obtain, pay for, and maintain – and shall require each of its Subcontractors to obtain and maintain – for the duration of the Agreement, policies of insurance meeting the following requirements: A.Workers’ Compensation/Employer’s Liability Insurance shall provide workers’ compensation statutory benefits as required by law. The policy shall be endorsed to waiver all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract. 1.Employer’s Liability insurance shall be in an amount not less than: (a) (b) ONE MILLION DOLLARS ($1,000,000) per accident for bodily injury or disease; 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) (d) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; and TWO MILLION DOLLARS ($2,000,000) general aggregate limit. 2.CGL insurance must include all major divisions of coverage and must cover: (a)Premises Operations (including Explosion, Collapse, and Underground [“X,C,U”] coverages as applicable); (b)Independent Contractor’s Protective; Page 107 of 120 . . Item 8 Page 120 of 221 (c)Independent Contractors; (d)Products and Completed Operations (maintain same limits as above until five (5) years after recordation of Notice of Completion); (e) (f) Personal and Advertising Injury (with Employer’s Liability Exclusion deleted); 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. The coverage shall also apply to automobile liability. 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) (c) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; or 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 Page 108 of 120 . . Item 8 Page 121 of 221 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. Builder’s Risk Insurance covering all real and personal property for “all risks” of loss or “comprehensive perils” coverage including but not limited to the perils of earth movement including earthquake and flood for all buildings, structures, fixtures, materials, supplies, machinery and equipment to be used in or incidental to the construction at the site, off site, or in transit, for the full replacement value of such properties. Coverage shall be included for property of others in the care, custody or control of the insured for which any insured may be liable. The City will purchase a builder’s risk policy for the Project instead of a contractor purchased policy. Bidder should not include cost for this coverage in his/her bid. F.If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 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”), or non- admitted insurer approved by the City. 2. 3. Domiciled within, and organized under the laws of, a State of the United States; and 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. Page 109 of 120 . . Item 8 Page 122 of 221 E.Contractor’s Insurance Primary. Other insurance (whether primary, excess, contingent or self- insurance, or any other basis) available to City, or its representatives, or both, is excess over Contractor’s insurance. City’s insurance, or self-insurance, or both, will not contribute with Contractor’s insurance policy. F.Waiver of Subrogation Endorsement. 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 At any time during the duration of this Contract, City may do any one or more of the following:J. 1. 2. Review this Agreement’s insurance coverage requirements; 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.Require the Contractor to obtain, pay for, or maintain a bond (as a replacement for an insurance coverage) from a California corporate surety, guaranteeing payment to City for liability, or costs, or both, that City incurs during City’s investigation, administration, or defense of a claim or a suit arising out of this Agreement; or K.Contractor shall maintain the insurance policy without interruption, from the Project’s commencement date to the Final Payment date, or until a date that City specifies for any coverage that Contractor must maintain after the Final Payment. L.Contractor shall not allow any insurance to expire, cancel, terminate, lapse, or non-renew. Contractor’s insurance company shall mail City written notice at least thirty (30) days in advance of the policy’s cancellation, termination, non-renewal, or reduction in coverage and ten (10) days before its insurance policy’s expiration, cancellation, termination, or non-renewal, Contractor shall deliver to City evidence of the required coverage as proof that Contractor’s insurance policy has been renewed or replaced with another insurance policy which, during the duration of this Agreement, meets all of this Agreement’s insurance requirements. M.At any time, upon City’s request, Contractor shall furnish satisfactory proof of each type of insurance coverage required— including a certified copy of the insurance policy or policies; certificates, endorsements, Page 110 of 120 . . Item 8 Page 123 of 221 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. 2. Meets, and fully complies with, this Agreement’s insurance requirements; and 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. O.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 Exhibit 4. B.Required Submittals for Commercial General Liability and Business Automobile Insurance and Contractor’s Pollution Liability Insurance. The following submittals must be on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative – which fully meet the requirements of, and contain provisions entirely consistent with, all of the insurance requirements set forth herein. 1. 2. 3. “Certificate of Insurance” “Additional Insured Endorsement” Waiver of Subrogation Endorsement: “Waiver of Transfer to Rights of Recover Against Others” Both Certificates of Insurance and Additional Insured Endorsements must read as follows: “The City of Vernon, and its officers, agents, employees and representatives are included as additional insureds under the policy(s). This insurance is primary to all other insurance of the City. The City’s insurance and self-insurance will apply in excess of, and will not contribute with this insurance. This insurance applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or a suit is brought. The issuing company shall mail thirty (30) days advance notice to the City for any policy cancellation, termination, non-renewal, or reduction in coverage.” C.Required Submittals for Workers’ Compensation Insurance. Contractor shall provide City with a certificate of insurance and a subrogation endorsement on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative – which fully meet the requirements of, and contain provisions entirely consistent with, this Contract’s workers compensation insurance requirements. If Contractor is self-insured for workers’ compensation, a copy of the “Certificate of Consent to Self-insure” from the State of California is required; or if Contractor is lawfully exempt from workers’ compensation laws, an “Affirmation of Exemption from Labor Code §3700” form is required. Page 111 of 120 . . Item 8 Page 124 of 221 D.Required Evidence of Builder’s Risk Coverage. Contractor 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 as approved by the City. 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. Page 112 of 120 . . Item 8 Page 125 of 221 . . Item 8 Page 126 of 221 . . Item 8 Page 127 of 221 . . Item 8 Page 128 of 221 . . Item 8 Page 129 of 221 EXHIBIT B SPECIAL PROVISIONS SPECIFIC FOR THIS PROJECT Page 116 of 120 . . Item 8 Page 130 of 221 EXHIBIT B – SPECIAL PROVISIONS SPECIFIC FOR THIS PROJECT Citywide Traffic Signal Maintenance & Repair FY2024 Contract No. 20240283 EXHIBIT B – SPECIAL PROVISIONS Contract No. 20240283 1 . . Item 8 Page 131 of 221 Table of Contents A. General..................................................................................................................................................4 1. 2. 3. 4. 5. 6. 7. 8. 9. Scope of Work..................................................................................................................................4 Contract Specifications ....................................................................................................................4 Specifications ...................................................................................................................................4 Length of Contract ...........................................................................................................................4 Liquidated Damages.........................................................................................................................4 Delays and Extensions of time.........................................................................................................4 Quality of Work................................................................................................................................5 Unit Prices........................................................................................................................................5 Extra Work .......................................................................................................................................5 10. Compliance with Laws, Regulations, and Safe Practices .................................................................5 B. Construction Specifications ..................................................................................................................6 1. 2. 3. 4. 5. 6. 7. 8. 9. Scheduling of Work..........................................................................................................................6 Construction Hours..........................................................................................................................6 Traffic Requirements .......................................................................................................................6 Notification of Utilities.....................................................................................................................8 Protection of the Public ...................................................................................................................8 Noise Restrictions ............................................................................................................................8 Construction Order of Work ............................................................................................................8 Character of Workers.......................................................................................................................9 Examination of Site ..........................................................................................................................9 10. Mobilization .....................................................................................................................................9 11. Dust Control.....................................................................................................................................9 12. Best Management Practices (BMP’s)...............................................................................................9 13. Temporary Water Meter................................................................................................................10 14. Cleaning of Site During Construction.............................................................................................10 15. Parkway Restoration......................................................................................................................10 16. Final Cleaning of Site and Restoration...........................................................................................10 17. Contractor Responsibility...............................................................................................................10 C. Routine Maintenance .........................................................................................................................11 1. 2. Monthly and Annual Preventative Maintenance...........................................................................11 Traffic Signal Control Equipment ...................................................................................................11 EXHIBIT B – SPECIAL PROVISIONS Contract No. 20240283 2 . . Item 8 Page 132 of 221 3.New Installation or Deletions ........................................................................................................12 D. Extraordinary Maintenance ................................................................................................................12 1. 2. 3. 4. 5. 6. Definitions......................................................................................................................................12 Notification ....................................................................................................................................12 Emergencies...................................................................................................................................12 Method of Payment.......................................................................................................................13 Rewire ............................................................................................................................................14 Knockdowns...................................................................................................................................14 E. Miscellaneous .....................................................................................................................................14 1. 2. 3. 4. 5. 6. Records ..........................................................................................................................................14 Notification ....................................................................................................................................14 Shutdowns .....................................................................................................................................14 Compensation for Routine Maintenance ...................................................................................... 15 Types of Signals..............................................................................................................................15 Traffic Detector Loops....................................................................................................................15 EXHIBIT B – SPECIAL PROVISIONS Contract No. 20240283 3 . . Item 8 Page 133 of 221 A.General 1. Scope of Work This project consists of ongoing and regular field preventative maintenance and repair of traffic signal equipment, as further described in these special provisions and Attachment “C” - Monthly Preventative Maintenance Tasks, and other related equipment by truly trained and qualified personnel. In addition, the Contractor shall provide and maintain Emergency Service response of the City’s forty-two (42) signalized intersections on a 24-hour a day, 7 days per week basis, including all holidays. 2. Contract Specifications The location map is shown on Attachment “A”. The written list of locations for the 42 signalized intersections are shown on Attachment “B”. The list of the monthly preventative maintenance tasks are shown on Attachment “C”. 3. Specifications Installation and payment for all the work shall conform to the Standard Specifications for Public Works Construction (2021 Edition), State of California Department of Transportation “Caltrans” Standard Plans (2022 Edition) and State of California Department of Transportation Standard Specifications (2018 Edition), latest edition of the California Manual on Uniform Traffic Control Devices, and the City of Vernon Standard Plans. The Standard Specifications for Public Works Construction (2021 Edition) shall be referred to hereafter as the “Standard Specifications”. The Caltrans Standard Plans (2022 Edition) shall be referred to hereafter as the “Caltrans Standard Plans”. 4. Length of Contract The term of the contract shall not exceed three (3) years pursuant to the Vernon Municipal Code beginning upon City Council approval. 5. Liquidated Damages As stated in Section 3.07 in Exhibit A – General Conditions, the Contractor shall pay the sum of $500.00 for each day past the first and last seven (7) working days of each month for non- completion of the Routine Maintenance-Inspection and Cleaning work. Contractor shall pay to the City, or have withheld from monies due it, the sum of $200.00 for each hour late when responding to emergency situations. 6. Delays and Extensions of time The provisions of Section 6-4 entitled "Delays and Extensions of Time" of the Standard Specifications shall apply except as modified and supplemented below. EXHIBIT B – SPECIAL PROVISIONS Contract No. 20240283 4 . . Item 8 Page 134 of 221 The second paragraph of subsection 6-4.1 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's Project Manager. 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/her proposed construction schedule. 7. Quality of Work The provisions of Section 3 entitled "Control of the Work" of the Standard Specifications shall apply. In addition, any work deemed unacceptable by the City's Project Manager, whether a cause is determined or not shall be repaired or replaced by the Contractor at his/her expense. 8. 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. 9. 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: 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. 2. 3. 4. Labor 33% 15% 15% 15% Materials Equipment Rental Other Items and Expenditures Work by the Subcontractor: When all or any part of the extra work is performed by a subcontractor, the markup provided by the Contractor as mentioned above shall apply to the subcontractor’s actual costs. A markup of 5% of the subcontracted portion of each extra work may be added for the Contractor. 10. 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 EXHIBIT B – SPECIAL PROVISIONS Contract No. 20240283 5 . . Item 8 Page 135 of 221 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.Construction Specifications 1. Scheduling of Work The Contractor shall submit his/her preventative maintenance work schedule to the City's Project Manager prior to the pre-construction meeting. This schedule must be reviewed and accepted by the City's Project Manager before the Contractor will be permitted to begin work. The Contractor shall give 24 hours’ notice to the City's Project Manager prior to the start of the work. 2. Construction Hours All preventative work shall occur Monday-Friday between the hours of 7:00 am to 4:00 pm, excluding emergency work. Contractor shall perform Monthly Maintenance-Inspection and Cleaning work to half of the signalized intersection listed in Attachment “B” and shown in Attachment “A” during the first seven (7) working days of each month and the other half shall be performed during the last seven (7) working days of each month unless otherwise approved by the City's Project Manager. 3. Traffic Requirements Before any partial or total closure of any street, the Contractor shall be required to obtain the approval of the City's Project Manager. The Contractor shall comply with Section 600 and 601 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 State of California, Division of Highways, Traffic Manual or as required by the City's Project Manager to ensure safe passage of traffic. The following provisions shall apply unless otherwise directed by the City's Project Manager. The traffic control shall be in accordance with the California Manual of Temporary Traffic Controls (CA MUTCD, latest edition) handbook. Except for emergency work, the Contractor shall submit detour plans to the City's Project Manager for approval at least ten (10) calendar days prior to any proposed shutdowns where traffic flow has to be diverted. This will not apply to emergency responses. The Contractor shall submit traffic channelization and detour plans to the City's Project Manager for approval at least fourteen (14) fourteen working days prior to commencement of work. Traffic control plans (previously approved by the City's Project EXHIBIT B – SPECIAL PROVISIONS Contract No. 20240283 6 . . Item 8 Page 136 of 221 Manager) shall be maintained within the construction zone for the duration of the construction.   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. In addition to the requirements of the MUTCD handbook, the City's Project Manager may require fifteen (15) foot wide travel lanes, 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 III barricades with flashers and delineators at locations as determined by the City's Project Manager.   The Contractor shall provide access to local businesses at all times unless otherwise approved by the City's Project Manager. This may include providing steel plates at some driveway approaches. Message boards shall be used for pre-construction warnings, lane closure/detour areas, and placed 14 calendar days in advance of the closure/detour. 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's Project Manager. 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's Project Manager. New signs shall be posted when changes occur in the parking prohibitions indicated on the previously posted signs. Signs must be posted at least seventy-two (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's Project Manager. The signs shall be effective for no more than five (5) working days and shall be removed within twenty-four (24) hours after the work is complete. If signs are not removed in a timely manner, the City's Project Manager may suspend all work until the signage requirement is corrected. All signs, lights and other warning devices used shall be in accordance with State of California Business and Transportation City Department of Public Works Manual of Warning Signs, Lights and Devices for Use in Performance of Work upon Highways. EXHIBIT B – SPECIAL PROVISIONS Contract No. 20240283 7 . . Item 8 Page 137 of 221 4. Notification of Utilities The provisions of Section 402 entitled "Utilities" of the Standard Specifications shall apply. The Contractor shall contact the Underground Service Alert of Southern California (U.S.A.) at least three (3) working days in advance of the construction work. 5. 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 the contract. Whenever, in the opinion of the City's Project Manager, 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's Project Manager 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's Project Manager, or in the event of an emergency situation, the City's Project Manager may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the City's Project Manager, 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. 6. Noise Restrictions The Contractor may not operate certain power equipment, within a residential area or within a radius of five-hundred (500) feet from a residential area, except during the following times:   From 7:00 am to 4:00 pm, Monday through Friday From 6:00 am to 5:00 pm on Saturday and Sunday In addition, the noise level from the Contractor's operations shall not exceed eighty-five (85) dBA when measured within a one hundred (100) foot radius at any time. 7. Construction Order of Work Work shall be scheduled so as to lessen the impact upon businesses. All construction shall conform to the latest edition 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's Project Manager before the next stage of work will be allowed to begin. 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 EXHIBIT B – SPECIAL PROVISIONS Contract No. 20240283 8 . . Item 8 Page 138 of 221 the opinion of the City's Project Manager, delays the completion of the work presently under construction. 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's Project Manager to close either such access or drive approach. No stockpiling of material and construction equipment on public streets or sidewalks will be permitted on this project unless approved by the City's Project Manager. Material and equipment placed on public streets, sidewalks and on the construction areas shall be used the same day. 8. Character of Workers If any subcontractor or person employed by the Contractor shall fail or refuse to carry out directions of the City's Project Manager or shall appear to the City's Project Manager to be incompetent or act in a disorderly or otherwise improper manner, he/she shall be immediately discharged from the project on the request of the City's Project Manager, and such person shall not be reemployed on the work. If said individual has an ownership interest in the contracting entity, the City's Project Manager will serve written notice upon the Contractor and the Surety providing the faithful performance bond, in accordance with Section 6-8, "Termination of the Contractor by Default" of the Standard Specifications, demanding complete and satisfactory compliance with the Contract. 9. Examination of Site The Contractor is required to examine the site and judge for themselves the location. Physical conditions, substructures and surroundings of the proposed work. 10. 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. 11. 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's Project Manager 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 shall be included in the various bid items, and no extra compensation will be paid to the Contractor. 12. 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. EXHIBIT B – SPECIAL PROVISIONS Contract No. 20240283 9 . . Item 8 Page 139 of 221 The Contractor is hereby notified that specific construction practices in the Standard Specifications, Section 3-12.6.2, “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. 13. 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 $1,000. 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 fifty dollars ($50.00) for each relocation. 14. Cleaning of Site During Construction During construction, all existing improvements, including pavement, sidewalk, curb and gutter, adjacent to the work area shall be swept free from soils, gravel, dirt or debris on a daily basis. The Contractor is responsible for maintaining all sidewalk, curb and gutter areas within the construction zone free from loose materials at all times. 15. Parkway Restoration Parkway and lawn areas disturbed by construction and/or root removal operations shall be backfilled with material approved by the City's Project Manager, mechanically compacted to 90% of optimum density, and graded to join the adjacent improvements and parkway lawn areas. The parkway and lawn area shall be restored by sodding in accordance with Section 801-4.8 of the Standard Specifications, and the irrigation system to match the adjacent parkway area. The payment for this work shall be included in the most appropriately related bid item. 16. Final Cleaning of Site and Restoration The Contractor shall be responsible for cleaning and restoration of all damaged existing improvements such as sidewalk, driveway, curb and gutter, and private property at no cost to the City. 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. 17. Contractor Responsibility The Contractor shall be responsible for the final product and shall make any quality control, adjustments and corrections necessary to obtain the final product accepted by the City's Project Manager. 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, spreading, compaction, and finishing processes conform to these Specifications. The City's Project Manager 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's Project Manager on a daily basis. EXHIBIT B – SPECIAL PROVISIONS Contract No. 20240283 10 . . Item 8 Page 140 of 221 C.Routine Maintenance The Contractor shall enact a continuing comprehensive maintenance program designed to eliminate or reduce any incidence of malfunctions, complaints, and extension of the useful life of the City’s traffic signal equipment. The program shall include at a minimum the following: 1. Monthly and Annual Preventative Maintenance The Contractor shall provide monthly and annual preventative maintenance on the forty-two (42) signalized intersections per the list of tasks in Attachment “C”. The Contractor shall complete Monthly Preventative Maintenance Checks per the list for each maintenance inspection and shall indicate the minimum work required for each item. The Contractor shall maintain a record of all service calls and work performed upon the signal equipment, listing dates, hour of day and description of service work performed. A copy of such record shall be maintained at all times within the controller cabinet at each signal location. A log sheet giving a brief description of all routine and extraordinary maintenance activities shall be attached to each monthly invoice. A monthly report of activities for each intersection's events, sorted by time, is to be included in the reports requested by the City. This is to be accompanied by a report of all activities sorted by time as well. The Contractor shall maintain electronic records of the completed checklist form for each intersection in the Contractor’s MMS throughout the term of this contract. The Contractor shall make available via a web interface electronic records of the completed monthly preventative maintenance checks as well as activity reports in real time. The Contractor shall maintain two separate logs at each signalized intersection under this contract. One log shall detail each monthly and preventative maintenance inspection by the Contractor. The Contractor shall complete at a minimum on this log, the inspection date, arrival time, departure time, type of inspection, any findings or repairs, and the Contractor’s employee name or ID. The other log shall detail any extraordinary repairs or service calls for the intersection. This log shall detail the nature of the emergency/service call, the Contractor’s findings, the repair made, Repair Order number, if applicable, arrival time at the intersection, departure time, and the Contractor’s employee name or ID. All information must be collected and submitted with the monthly invoice. 2. Traffic Signal Control Equipment The Contractor shall repair, replace or otherwise render in good working order any and all defective parts of all traffic signal control equipment. Whenever the Contractor replaces any defective parts on either a temporary and/or permanent basis, the Contractor shall identify the parts being replaced by manufacture’s make and model. Furthermore, the Contractor shall only use new parts for permanent replacement. Exceptions to this requirement shall only occur on an individual basis upon advance written approval from the City. No permanent changes of traffic signal control devices shall be done without prior written approval from the City. In addition, any changes shall also be indicated on the maintenance or EXHIBIT B – SPECIAL PROVISIONS Contract No. 20240283 11 . . Item 8 Page 141 of 221 repair log within the traffic signal controller cabinet. The Contractor agrees to notify the City in advance of any planned or scheduled traffic signal turn-offs/ turn-ons only upon prior written approval by the City. 3. New Installation or Deletions The Contractor shall maintain any new traffic signal equipment and any other related devices, which are installed for or by the City throughout the term of the contract. These devices will be deemed to be added to the existing signalized intersections listed on Attachment “B” when the City notifies the Contractor of the installation thereof. These added devices, regardless of the complexity and technology shall be maintained in the same manner and for the same flat rate as those devices already covered by the contract. Should responsibility for the maintenance of any current or future traffic signal device cease to be the City’s, the City will notify the Contractor in writing of the last date to perform maintenance. D. Extraordinary Maintenance 1. Definitions Extraordinary maintenance shall consist of but not be limited to the following: a. Repair or replacement of failed or malfunctioning parts of the signal system if caused by vehicle collision, vandalism, civil disorder, windstorm, natural disasters, street construction, or excavation. b. Minor upgrading or installations as directed by the City. c. Replacement of detector loops including saw cut lead-ins as required. d. Replacement of pedestrian indications. e. Installation of complete new pedestrian heads. f. Installation or replacement of pedestrian push buttons. g. Installation of new traffic signal heads. h. Installation of Light Emitting Diodes (LED’s) as directed by the City representative. 2. Notification The Contractor shall contact the City's Project Manager regarding any extraordinary maintenance work except emergency repairs and seek his/her prior approval in writing before the work is scheduled. The Contractor shall notify the City representative by telephone at least twenty-four (24) hours in advance before any work is commenced, except in emergencies where injury or property damage may result without prompt response. 3. Emergencies The Contractor shall respond immediately to emergency calls such as a total blackout, when directed by the City, and dispatch the qualified personnel and equipment to reach the site within two (2) hours under normal circumstances. EXHIBIT B – SPECIAL PROVISIONS Contract No. 20240283 12 . . Item 8 Page 142 of 221 For the emergency repair of a signal, which is totally blacked out, the following procedure of traffic control shall apply: a. The Contractor shall dispatch qualified personnel and equipment to reach the site within two (2) hours under normal conditions. The Contractor's vehicles shall carry traffic cones, flashing arrow boards, traffic warning signs, etc., which shall be used when directing traffic during an emergency and/or when deemed necessary by the signal technician, the City's Project Manager or his representative. b. If no police officer is present and temporary stop signs have been set up when the Contractor arrives at the site, the Contractor shall set up more traffic warning and control devices, if deemed necessary, and proceed to repair the signal. After the signal is back in operation, the Contractor shall set the intersection in flash, remove all of the temporary traffic control devices and place those devices owned by the City off to the side of the road and then switch the intersection back to normal operation. c. If a police officer is still at the site when the Contractor arrives, the Contractor shall quickly examine the signal, evaluate the situation and discuss it with the police officer. If the repair will take only a few minutes, the police officer may stay to continue to direct traffic while the Contractor repairs the signal. If the repair will take longer than the officer can wait, the Contractor shall immediately set up necessary traffic control devices and other necessary warning devices and relieve the police officer. 4. Method of Payment Upon receipt of an itemized invoice within thirty (30) days of completion of the work, City shall compensate Contractor for such repairs required beyond the scope of routine maintenance as follows: a. Materials - The city shall pay the Contractor for materials used in extraordinary maintenance per the bid items on the Bidder’s Proposal plus the percentage markup specified in this agreement NOT TO EXCEED 15%. All materials and parts shall be new or have the approval of the City's Project Manager, if otherwise. The City has the right to inspect the Contractor's records to verify any material costs used in extraordinary maintenance. b. Direct Labor - The Contractor shall present with their monthly invoice with a record of hours spent in extraordinary maintenance of traffic signals and appurtenances per intersection. City shall pay the Contractor for such hours of extraordinary maintenance at the rates specified in this agreement. Said hourly rates shall be the total cost to the City. Rates shall include all compensation for wages, profit, overhead, any fringe benefits such as employer payments to, or on behalf of EXHIBIT B – SPECIAL PROVISIONS Contract No. 20240283 13 . . Item 8 Page 143 of 221 workmen for health and welfare, insurance worker's compensation, pension, vacation, sick leave or any local, State, Federal or union tax or assessment. c. Equipment - The City shall pay Contractor for equipment used in extraordinary maintenance on a per trip basis as specified in this agreement. The listing of per trip equipment rates shall constitute total rates to be paid by City when specified equipment is used. No additional payments of any kind shall be paid for equipment except as specified in this agreement of per trip rates as stated. No additional compensation shall be paid for transporting the equipment to or from the job site. d. Traffic Collisions – Repairs or replacement of failed or malfunctioning parts of the signal system caused by vehicle collisions shall be billed separately per incident. 5. Rewire Rewire of any intersection will be charged on a time and material basis. Prior to any work of this type, a written proposal will be submitted by Contractor and approved by the City's Project Manager before any work commences. 6. Knockdowns All knockdowns (except for a Type I-A pole) will be charged on a time and material basis. A written proposal will be submitted by Contractor and approved by the City's Project Manager for the replacement of any damaged poles or mast arms before the order is placed. E.Miscellaneous 1. Records The Contractor shall maintain a record of all service calls and work performed upon the signal equipment, listing dates, hour of day and description of service work performed. A copy of such record shall be maintained at all times within the controller cabinet at each signal location. A log sheet giving a brief description of all routine and extraordinary maintenance activities shall be attached to each monthly invoice. A monthly report of activities for each intersection's events, sorted by time, is to be included in the reports requested by the City. This is to be accompanied by a report of all activities sorted by time as well. 2. Notification The Contractor shall notify by telephone, the City's Project Manager or his authorized representative, within 24 hours of the alteration of the operation of any signal or the installation or removal of any substitute controller or component. 3. Shutdowns The Contractor shall notify the Vernon Police Department and the City's Project Manager or his authorized representative of any signal turn-offs or turn-ons necessitated by his operations and EXHIBIT B – SPECIAL PROVISIONS Contract No. 20240283 14 . . Item 8 Page 144 of 221 shall not make said turn-offs or turn-ons until a police officer is present or unless given permission to proceed without police control by the City's Project Manager or his authorized representative. 4. Compensation for Routine Maintenance The City will compensate Contractor at the agreed price per signalized intersection per month. Said compensation shall include all services rendered, labor, materials, equipment, overhead and profit. Delays due to Contractor are subject to liquidated damages as specified in the specifications (Section B-1.07). 5. Types of Signals The agreed upon prices for both routine and extraordinary maintenance shall apply to all types of signal controllers, accessories and systems as may exist in the City now or that may be installed during the life of the contract. 6. Traffic Detector Loops The traffic detector loops shall be installed per the Caltrans Standard Plan ES-5B. Loops and “home runs” shall be cut 4 inches deep with the stub out cut to match. Home run loops shall be spliced in series and twisted at a rate of 3 turns per foot. Cut out, deburr, and place new 4 inches deep threaded ring for stub out. The cost of furnishing and installation of new traffic detector loops and “home runs” complete in place and in working order must be included in the loop bid item. EXHIBIT B – SPECIAL PROVISIONS Contract No. 20240283 15 . . Item 8 Page 145 of 221 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. Page 117 of 120 . . Item 8 Page 146 of 221 ATTACHMENT A TRAFFIC SIGNAL LOCATIONS MAP SPECIFIC FOR THIS PROJECT Page 118 of 120 . . Item 8 Page 147 of 221 . . Item 8 Page 148 of 221 ATTACHMENT B INTERSECTIONS SPECIFIC FOR THIS PROJECT Page 119 of 120 . . Item 8 Page 149 of 221 ATTACHMENT “B” VERNON SIGNALIZED INTERSECTIONS 1. 26TH STREET @ BONNIE BEACH PLACE 2. 37TH STREET @ SEVILLE AVENUE 3. ALCOA AVENUE @ FRUITLAND AVENUE 4. ALCOA AVENUE @ LEONIS BOULEVARD 5. ATLANTIC BOULEVARD @ 3030 ATLANTIC 6. ATLANTIC BOULEVARD @ BANDINI BOULEVARD 7. ATLANTIC BOULEVARD @ DISTRICT BOULEVARD 8. BANDINI BOULEVARD @ I-710 OFF-RAMP 9. BANDINI BOULEVARD @ BONNIE BEACH PLACE 10. BANDINI BOULEVARD @ PENNINGTON WAY 11. BANDINI BOULEVARD @ SIERRA PINE AVENUE 12. BANDINI BOULEVARD @ SUNOL/AYERS 13. BOYLE AVENUE @ FRUITLAND AVENUE 14. BOYLE AVENUE @ LEONIS BOULEVARD 15. BOYLE AVENUE @ RANDOLPH STREET 16. DISTRICT BOULEVARD @ LOMA VISTA AVENUE 17. DOWNEY ROAD @ DISTRICT/LEONIS BOULEVARD 18. DOWNEY ROAD @ FRUITLAND AVENUE 19. DOWNEY ROAD @ VERNON AVENUE 20. PACIFIC BOULEVARD @ FRUITLAND AVENUE 21. PACIFIC BOULEVARD @ LEONIS BOULEVARD 22. SANTA FE AVENUE @ 25TH/26TH STREET 23. SANTA FE AVENUE @ 27TH STREET 24. SANTA FE AVENUE @ 28TH STREET 25. SANTA FE AVENUE @ 37TH STREET 26. SANTA FE AVENUE @ 38TH STREET 27. SANTA FE AVENUE @ VERNON AVENUE 28. SANTA FE AVENUE @ PACIFIC BOULEVARD/VERNON AVENUE 29. SANTA FE AVENUE @ 48TH STREET 30. SANTA FE AVENUE @ FRUITLAND AVENUE/51ST STREET 31. SANTA FE AVENUE @ 55TH STREET 32. SLAUSON AVENUE @ ALCOA AVENUE 33. SLAUSON AVENUE @ BOYLE AVENUE 34. SLAUSON AVENUE @ DOWNEY ROAD/MALBURG WAY 35. SOTO STREET @ 26TH STREET 36. SOTO STREET @ 2800 SOTO 37. SOTO STREET @ 37TH STREET/BANDINI BOULEVARD 38. SOTO STREET @ FARMER JOHN DRIVEWAY 39. SOTO STREET @ FRUITLAND AVENUE 40. SOTO STREET @ LEONIS BOULEVARD 41. SOTO STREET @ VERNON AVENUE 42. WASHINGTON BOULEVARD @ HOBART YARD DRIVEWAY . . Item 8 Page 150 of 221 ATTACHMENT C TASKS SPECIFIC FOR THIS PROJECT Page 120 of 120 . . Item 8 Page 151 of 221 ATTACHMENT “C” MONTHLY PREVENTATIVE MAINTENANCE TASKS I.ROUTINE MONTHLY MAINTENANCE GENERAL: It is the intent of the City of Vernon that the City's 41 traffic signals are maintained so as to provide the motoring public with a minimum of inconvenience caused by the failure of any signal components, and to present a well-kept signal installation. All traffic signal work: sha1l be performed in accordance with the current Standard Plans and Section 86. "Signals, Lighting, and Electrical Systems" of the Standard Specifications for the State of California, Department of Transportation and the current City Standard Traffic Details. This maintenance sha1l be extended to include future signal installations at the proposed unit prices. The following is a list of tasks to be completed for each intersection on a monthly basis: CONTROLLER CABINET: CONTROLLER CABINET MOUNTING: Check the snugness of the nuts on the cabinet anchor bolts, tighten, if necessary, being sure not to distort the cabinet door opening by over tightening. CONTROLLER CABINET FOUNDATION SEAL: If standing water or evidence of water is present inside the bottom of the cabinet, check the seal between the bottom of the cabinet and the foundation for deterioration; report the need for a reseal, as necessary. DOOR GASKETS: Check all door gaskets on the controller cabinet, service cabinet and any other enclosures for evidence of moisture or deterioration. Report the need to completely replace any gaskets showing signs of leaking or deterioration. CABINET VENTS: Check the vents in both the cabinet door and above the door, or at the top of the cabinet to ensure that they are free of any foreign material. AIR FILTER: Vacuum or knock the dust out of filters. Filters shall be changed every 6 months unless damaged. For any permanent filters, vacuum, wash or knock the dust out of the filter. Permanent filters require no replacing unless damaged. CABINET FAN: Verify that the cabinet fan operates properly with a minimum of noise. Contract No. 20240283 Attachment C - MONTHLY PREVENTATIVE MAINTENANCE TASKS 1 of 5. . Item 8 Page 152 of 221 THERMOSTAT: Verify that the cabinet fan thermostat is set at 100 degrees. INTERIOR LIGHT: Verify the proper operation of the cabinet's interior light. If a manual light is installed, check for proper operation. DOOR PANEL HARNESSES: Check the harnesses leading from the main panel to the police and auxiliary panels on the cabinet door to ensure they are not being pinched and do not bind against the cabinet door. Adjust, if necessary. HINGES AND LOCKS: Check for free movement of all doors, latching assemblies and locks on the controller cabinet, service cabinet and any other enclosures. Use a minimum of oil or spray lubricant and remove any excess. Use oil for this purpose which does not attract dirt or leave residue. VACUUM CABINET: Blow or brush off shelves, terminal blocks and components and thoroughly vacuum the interior of the cabinet, including the police panel. INSECT INFESTATION: Check for any signs of ants, wasps or other insects within the cabinet and report any positive findings for the City to take the necessary steps for extermination and prevention. CABINET GROUNDING: Using appropriate equipment, check during the 1st month of the contract and then annually the resistance between AC and Ground. SERVICE CONNECTIONS: Verify that the neutral, ground and power connections are secure in the controller and service cabinets. PLUG-IN COMPONENTS: Check that each plug-in component Crack mount detectors, relays, load switches, etc.) fits tightly and securely. TERMINAL CONNECTIONS: Test semi-annually or following any wiring repair, each terminal screw by backing off slightly then retightening to confirm that it is secure. GROUND FAULT RECEPTACLE: Verify the proper operation of "Test" and "Reset" buttons on GFI type outlets. Contract No. 20240283 Attachment C - MONTHLY PREVENTATIVE MAINTENANCE TASKS 2 of 5. . Item 8 Page 153 of 221 INTERSECTION RECORDS: Ensure that all intersection cabinet wiring diagrams are present. Notify City representative if updates are required. Note all work, routine and extraordinary, in the log in the cabinet as to the reason for the call/work and results or work accomplished by date and time. CONTROLLER OPERATION: Manually place vehicle and pedestrian calls on each phase through the cabinet test switches or the controller key pad, to verify controller servicing of each active phase. Check controller logs for any faults that may have occurred and take notes for the file. CONFLICT MONITOR MALFUNCTION MANAGEMENT UNIT: Verify time and dates are correct in any CMU/MMU with an intema1 clock and for proper operation of the unit. DETECTOR OPERATION: Verify the detection zones for each detector by observing the turn-on of the appropriate detector indicator as a vehicle passes over the detector loop(s) or detection zone. Check also that a call is placed on the correct controller phase. Verify detection zone vertically above loops whenever a problem has occurred. EQUIPMENT DISPLAYS AND INDICATORS: Verify that all video, LED and LCD displays and indications on all cabinet equipment are working properly. SYSTEM TELEMETRY: Check operation of telemetry on controller display and modem, if equipped, located in the cabinet. Report any malfunction immediately. EMERGENCY VEHICLE PREEMPTION (EVP): Verify that the EVP is operating with the use of a strobe light. Report any malfunction immediately (Completed every 90 days). INTERSECTION WALK-AROUND: GENERAL: Remove any easily removed, unauthorized signs and posters and report all graffiti existing on signal poles or equipment. SIGNAL HEADS: Verify that all vehicle and pedestrian signal heads properly display all indications and the signals are not damaged. Verify the alignment of all heads to the intended direction. Also verify that all backplates, visors and doors are visibly secure. Contract No. 20240283 Attachment C - MONTHLY PREVENTATIVE MAINTENANCE TASKS 3 of 5. . Item 8 Page 154 of 221 PEDESTRIAN EQUIPMENT: Check all pedestrian push buttons and signals by band to ensure that they are securely mounted and operating properly. Contractor will maintain a supply of ADA push buttons, as these are to be repaired immediately on discovery and reported to City staff. MISCELLANEOUS: Check operation of safety lighting using the manual test switch located in the service cabinet Visibly check all signal-mounted signs and advance warning signs/beacons for deterioration, proper mounting, alignment and operation; Verify that all pullbox covers, hand hole covers, etc. are secured and not damaged or missing. Check all detector loops for sealant deterioration, exposed wire, etc. Record any problems or irregularities and take corrective action as soon as possible, for contractor provided services. Visibly check pullboxes for evidence of ants and gophers. Report any positive findings. LAMPS AND LIGHTING: When a vehicle or pedestrian indication is found to be out and the lamp and module is damaged, defective or past its useful life, the lamps/module shall be replaced without charge for labor or equipment using Dialight LED Ball Signal Modules (8 inch and 12 inch) and shall be fully compliant to the ITE VTCSH LED Circular Supplement specifications dated and adopted June 27, 2005. All Countdown Pedestrian Signals shall be replaced when needed with Dialight (16x18), part number 430-6479-001X. Contractor shall replace internally Illuminated Street Name Sign lamps as they become dim or inoperative. ISNS lamps shall be F72T2 Cool White Fluorescent lamps meeting the requirements of ANSI STD. C78. The Contractor shall during the 1st of this month clean and polish all lenses and reflectors including illuminated street name signs and safety lights. The contractor shall replace burned out lamps as they occur under extra work charges. ANNUAL CONFLICT MONITOR TESTING: Replace conflict monitor's (CMU's, MMU's) with a spare unit and submit the monitors for testing and certification. It is suggested that ten (10) monitors be replaced and the originals be submitted for testing and certification on a rotating basis over 11 months. Printed certification is to be provided for each conflict monitor/malfunction management unit. The contractor will have available 6 spare MMU's and 4 spare CMU's for rotation use in testing. Testing of conflict monitors shall be included in price proposal for routine maintenance. PAINTING: Contractor shall repaint all metal standards, signal heads, back plates, visors, and controller housing (if already painted) on the second year of the contract, unless directed otherwise by the City. Repainting shall be completed in June and shall be conducted by spray painting methods. Colors as specified by the City. For those controller cabinets that have metal finishes, the Contractor shall wipe clean controller with detergent. Detergent per manufacturer's requirements. Contract No. 20240283 Attachment C - MONTHLY PREVENTATIVE MAINTENANCE TASKS 4 of 5. . Item 8 Page 155 of 221 ROUTINE EMERGENCY SERVICES: The Contractor shall maintain a twenty-four (24) hour per day emergency service for the replacement of burned-out signal and safety lamps, adjustment of turned heads, repair of controller malfunctions or any damage creating a public hazard. The Contractor shall repair parts, replace parts and lamps, and otherwise keep the traffic signals in good working condition. This telephone number is to be made available to all persons designated by the City. The Contractor shall make immediate service calls on an emergency basis, responding within two (2) hours in the event of malfunctions of the controller or signal system or turned head. The replacement of burned-out signal lamps, internally illuminated street name sign lamps, or safety lights need not be on an emergency basis provided that there are at least two (2) indications still operative for each direction of travel. Such replacements shall be handled on the next business day but in no case more than 48 hours. All labor, materials, equipment, travel, and parts for routine emergency service shall be included in the routine maintenance proposal price per signalized intersection per month, and no additional compensation will be allowed. Contract No. 20240283 Attachment C - MONTHLY PREVENTATIVE MAINTENANCE TASKS 5 of 5. . Item 8 Page 156 of 221 NOTICE INVITING BIDS for Citywide Traffic Signal Maintenance & Repair FY2024 in the City of Vernon One original sealed bid must be signed and submitted prior to 2:00 p.m., Wednesday, March 6, 2024 to the City Clerk’s Office, 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 and address appearing on the outside. Bids shall be clearly titled and should be mailed or delivered in person before 2:00 p.m. on the Bid Deadline. LATE SUBMITTALS WILL NOT BE ACCEPTED. Bids will be opened in the City Clerk’s Office at 2:00 p.m. on Wednesday, March 6, 2024. 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 contents (collectively, the “Completed Bid Forms” and the uncompleted forms, the “Bid Forms”) will be made available for public review. Except as set forth in Paragraph 22 (“Public Records”), the Completed Bid Forms, once removed from the Bid Packages by the City Clerk, will be a matter of public record. Bid Documents, Plans and Specifications are available at no charge at www.cityofvernon.org/planetbids. Pre-Bid Meeting: A pre-bid meeting to answer any questions regarding the project plans and specifications is scheduled for 10:30 a.m. on Wednesday, February 28, 2024 in the Public Works Department, 4305 Santa Fe Avenue, Vernon, California. This meeting is to answer any questions regarding the project plans and specifications. Attendees must adhere to the State and local guidelines regarding COVID-19, including applicable industry guidelines for construction sites. Attendance is not mandatory. City of Vernon Contact Person:Public Works Department Attention: Lissette Melendez, Project Engineer Phone: (323) 583-8811 ext. 246 Email: lmelendez@cityofvernon.org Page 7 of 182 . . Item 8 Page 157 of 221 Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bidder fails to meet the essential requirements for qualification. General Scope of Work: Contractor shall furnish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The Work in the Bid is defined in the Project Drawings and Specifications and will generally include the following: Ongoing and regular field preventative maintenance and repair of traffic signal equipment, as further described in the special provisions, and other related equipment by truly trained and qualified personnel. In addition, the Contractor shall provide Emergency Service response for the repair of the City’s forty-two (42) signalized intersections on a 24-hour a day, 7 days per week basis, including all holidays. In the event of any conflicts, refer to the Procedure of Contract Documents” contained in General Conditions, Section 1.10. 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 three (3) prevailing wage public contracts in California; each comparable in scope and scale to this Project, within three (3) 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 1,095 calendar days from the date of commencement as established by the City’s written Notice to Proceed. 2. 3. Amount of Liquidated Damages: a. $200 per hour late on emergency call-outs. b. $500 for each day past the first and last seven (7) working days of the month of non- completion of the preventative maintenance. Intermediate Completion Milestones - Contractor shall perform Monthly Maintenance to half of the signalized intersections listed in Attachment B during the first seven (7) working days of each month and the other half during the last seven (7) working days of each month. 4. 5. Bidding Documents. Bids must be made on the Proposal Form contained herein. Engineer’s Estimate. An Engineer’s Estimate of the cost of construction of this Work has Page 8 of 182 . . Item 8 Page 158 of 221 been prepared. Said estimate is in the range of $43,000 to $49,000 per year. 6. Acceptance or Rejection of Bids. The City reserves the right to reject any and all bids, to award all or any individual part/item of the bid, and to waive any informalities, irregularities or technical defects in such bids and determine the lowest responsible bidder, whichever may be in the best interests of the City. No late bids will be accepted, nor will any oral, facsimile or electronic bids be accepted by the City. 7.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): C-10, Electrical Contractor, and D-31, Pole Installation and Maintenance Contractor from the California State License Board as applicable to such self-performed Work. Contractor may substitute the D-31 license for a Class A, General Engineering Contractor’s License. The Bidder will not receive a Contract award if at the time of submitting the bid, the Bidder is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active. If the City discovers at the time of the Bid Deadline that Contractor is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active, the City may reject the Bid, cancel the award, declare the Bid Bond as forfeited, keep the Bid Bond’s proceeds, and exercise any one or more of the remedies in the Contract Documents in addition to those provided by law. 8.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, public works contractor registration number issued pursuant to Labor Code Section 1725.5, and portion of the Work). An inadvertent error in the license number or public works contractor registration number will not be considered nonresponsive if 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. 9.Permits, Inspections, Plan Checks, Governmental Approvals, Utility Fees and Similar Authorizations. Unless specified otherwise, all Governmental Approvals and Utility Fees shall be obtained and paid for by Contractor and will be reimbursed based on Contractor’s actual direct cost without markup. 10.Bid Forms and Security: Each Bid must be made on the Bid Forms obtainable at www.cityofvernon.org/planetbids or at the Public Works Department. Each Bid shall be accompanied by a cashier’s check or certified check drawn on a solvent bank, payable to “City of Page 9 of 182 . . Item 8 Page 159 of 221 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. 11.Bid Irrevocability. Bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 12.Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of securities for withheld funds is permitted in accordance therewith. 13.Prevailing Wages. This Project is a “public work” as defined in California Labor Code Section 1720. Contractor awarded this Contract and all Subcontractors of any tier shall not pay less than the minimum prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Work. The Director of Industrial Relations of the State of California, pursuant to the California Labor Code, and the rates determined by the California Director of Industrial Relations are available online at www.dir.ca.gov/DLSR/PWD/. 14. 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). 15. 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 1771.1(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 the City Attorney’s Office) Published: _______ Page 10 of 182 . . Item 8 Page 160 of 221 City of Vernon Instructions for Bidders Project: Citywide Traffic Signal Maintenance & Repair FY 2024 for the Department of Public Works City personnel with whom prospective bidders will deal with are: Lissette Melendez, Project Engineer, Public Works Department, 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 ext. 246 Bid opening date and time: Wednesday, March 6, 2024, at 2:00 p.m. (“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’s Office prior to the time set for bid opening. A bid received by the City Clerk’s Office after the time set for the bid opening is a non-responsive bid and shall not be considered. GENERAL BID REQUIREMENTS To be considered, a bidder must strictly follow the format for bids in the specifications. Bids must be binding and firm. Any bids may be withdrawn before bid opening, but bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 1.CONTRACTORS LICENSE The Bidder must possess a valid State of California Contractors License 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. Page 11 of 182 . . Item 8 Page 161 of 221 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.Addenda will be made available for inspection at www.cityofvernon.org/planetbids. 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. 4. 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. BID FORMS – SUBMITTAL A. B. The Bids shall be made on the forms provided herein with all blank spaces properly filled in. 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. D. 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. One Original Bid shall be hand delivered, delivered by courier or package delivery service to the Office of the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058. Page 12 of 182 . . Item 8 Page 162 of 221 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. C. Sole Proprietorship: An individual shall sign. 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 Page 13 of 182 . . Item 8 Page 163 of 221 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. B. 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”). 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. 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 et seq. are not met; or refuses or fails to execute the Contract and provide the required bonds, insurance or certificates within fourteen (14) calendar days after award of the Contract. In any one or more of these events, if City awards the Contract for the Work to the next lowest responsible Bidder, the amount of the original lowest Bidder’s security shall be applied to the Contract Price differential between the lowest Bid and the second lowest Bid. Any surplus will be returned to the original Page 14 of 182 . . Item 8 Page 164 of 221 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. F. 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. 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." Notwithstanding the provisions of Paragraph 22 herein, the Bidder’s Statement of Qualifications shall not be public records. 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 Page 15 of 182 . . Item 8 Page 165 of 221 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, each Subcontractor’s public works contractor registration 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. C. 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. 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. Page 16 of 182 . . Item 8 Page 166 of 221 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. 11. CONTRACTOR’S AFFIDAVIT OF NON-COLLUSION An Affidavit of Non-Collusion in the form provided by the City shall be signed under penalty of perjury, certifying that the Bid is not the result of and has not been influenced by collusion. Bidder shall submit this form with its Bid. Any Bid made without such affidavit, or believed to be made in violation of the requirements set forth in the affidavit form, may be rejected. 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. Page 17 of 182 . . Item 8 Page 167 of 221 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. 15. PERMIT FEES If provided in the General Conditions, Contractor shall be reimbursed for the actual direct cost of all Permit Fees, as defined in Paragraph 1.01 and addressed in 1.03 of the General Conditions. Bidder shall exclude the cost of Permit Fees from Bidder’s Base Bid sum; Base Bid sum shall include the cost of administration and coordination for all Governmental Approvals and Utility Fees. SUBSTITUTIONS No requests for substitution of any material, device, product, equipment, fixture, form, or type of construction shall be considered by City prior to award of the Contract. Bidders shall submit all requests for substitution and substantiating data, within seven (7) calendar days from the date of the Notice to Proceed. Bidder shall refer to the appropriate provisions of the General Conditions for additional information regarding substitutions. Authorization of a substitution is solely within the discretion of the City. 16. 17. 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. WITHDRAWAL OF BIDS Bidder may withdraw its Bid either personally or by written request any time prior to the scheduled Bid Deadline by notice to the City’s Contact Person designated in the Notice Inviting Bids. If such notice is written, it shall be signed by the Bidder and shall be date- stamped and time-stamped by the City upon receipt. Withdrawn Bids may be resubmitted before the Bid Deadline provided that they are in full conformance with these Instructions to Bidders. Once submitted, all Bids are irrevocable, except as otherwise provided by law. Requests for withdrawal of Bids after the Bid Deadline shall be made only in accordance with California Public Contract Code § 5100, et seq. Bidder agrees by submitting a Bid that such Bid shall remain open, is irrevocable, and may not be modified, withdrawn, or cancelled for a period of ninety (90) days after award of the Contract. Page 18 of 182 . . Item 8 Page 168 of 221 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 City Clerk, 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. 1.Mandatory Qualifications. A Bid shall be rejected as non-responsive if the Bidder fails to document in the Bid that Bidder meets the essential requirements for qualification described in the Notice Inviting Bids. As part of the Bidder’s Statement of Qualifications each Bidder must establish that it, as the current entity: (1) has successfully completed at least three (3) similar projects involving similar work within the last three (3) years with a cost equal to or in excess of the Bidder’s Bid; and (2) has successfully completed at least three (3) public works projects. 2. 3. Responsive Bid. A responsive Bid is a Bid which conforms, in all material respects, to the Bidding Requirements and Contract Documents. 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. Page 19 of 182 . . Item 8 Page 169 of 221 19. 20. 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. BASIS OF AWARD A. B. A Contract will be awarded to the lowest responsive and responsible Bidder meeting all requirements set forth in these Bidding Documents. 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. B. C. One executed 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. 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. 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 a fully executed copy to Contractor for its files. Page 20 of 182 . . Item 8 Page 170 of 221 22.PUBLIC RECORDS City seeks to conduct its business openly. Except as set forth in paragraph 8.A., upon opening, all Bids shall become a matter of public record and shall be regarded as public, with the exception of those elements of each Bid that are identified by the Bidder and plainly marked as “trade secret,” “confidential,” or “proprietary,” including any Statement of Qualifications and financial statements to be submitted by Bidders. Each element of a Bid which a Bidder desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents, or other, non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If City receives a request from a third party to make a Bid available for inspection and copying, the City will notify the Bidder of the request. If a Bidder instructs the City that the information is not to be released, City will withhold the information, provided, the Bidder expeditiously seeks a protective order from a court of competent jurisdiction to prevent such release. If disclosure is required under the California Public Records Act or otherwise by law (despite the Bidder’s request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof. Bidder shall indemnify, defend (including Bidder’s providing and paying for legal counsel for City), and hold harmless City, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, costs, or expenses arising out of or alleging City’s refusal to publicly disclose one or more records that Bidder identifies as protectable, or asserts is protectable. 23.PREVAILING WAGE RATES AND EMPLOYMENT OF APPRENTICES A.Prevailing Wage Rates. The Bidder and all Subcontractors shall utilize the relevant prevailing wage rate determinations in effect on the first advertisement date of the Notice Calling for Bids in preparing the Bid Proposal and all component price quotations, provided, however, that when Davis Bacon wage rates apply, such rates are subject to increase by written notice, issued by Addendum not less than 10 calendar days before the Bid Deadline. Pursuant to California Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California and the United States Secretary of Labor have determined the general prevailing wage rates in the locality in which the Work is to be performed. Said rate schedules are available from the City at its Public Works Department, which shall be made available to any interested party upon request; or on the Internet at www.dir.ca.gov/DLSR/PWD/. 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. Page 21 of 182 . . Item 8 Page 171 of 221 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 1771.1(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. Page 22 of 182 . . Item 8 Page 172 of 221 A. Prevailing Wage Where Applicable. Upon request, certified payroll documents shall be provided to the City. B. Equal Employment Opportunity in Contracting. The City of Vernon is committed to a policy of equal opportunity in contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. Contractors expressly agree to comply with the City’s ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting the Contract. Contractor certifies and represents that during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their 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: 1. The Bid protest is in writing; 2. A protest based upon alleged defects or improprieties in the Contract Documents is filed with the City prior to the Bid Deadline; 3. All other protests are to be filed and received by the City no more than five (5) calendar days following the City’s notice of intent to award the Contract; and 4. The written Bid protest sets forth, in detail, all grounds for the Bid protest, including without limitation: all facts, supporting documentation, legal authorities, and argument in support of the grounds for the Bid protest. All factual contentions must be supported by competent, admissible, and credible evidence. Page 23 of 182 . . Item 8 Page 173 of 221 B. C. 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. 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] Page 24 of 182 . . Item 8 Page 174 of 221 BIDDING FORMS Page 25 of 182 . . Item 8 Page 175 of 221 . . Item 8 Page 176 of 221 . . Item 8 Page 177 of 221 . . Item 8 Page 178 of 221 . . Item 8 Page 179 of 221 . . Item 8 Page 180 of 221 . . Item 8 Page 181 of 221 . . Item 8 Page 182 of 221 . . 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Item 8 Page 215 of 221 February 29, 2024 Via Planetbids NOTICE TO BIDDERS – ADDENDUM No.1 CITYWIDE TRAFFIC SIGNAL MAINTENANCE & REPAIR FY2024 CONTRACT No. 20240283 This notice shall be considered as Addendum No. 1 to the Specifications for the above- mentioned project and modifies the original Specifications and Contract Documents as noted below. Portions of the Contract, not specifically mentioned in the Addendum, remain in force. Contract Specifications: 1. “SCHEDULE OF BID PRICES”, Page 31-35 shall be replaced with the attached updated sheets. If you have any questions, please contact Lissette Melendez of my staff at lmelendez@cityofvernon.org. Sincerely, Daniel Wall, P.E. Director of Public Works Enclosures Public Works Department 4305 Santa Fe Avenue, Vernon, CA, 90058 CityofVernon.org . . Item 8 Page 216 of 221 SCHEDULE OF BID PRICES PROJECT: Citywide Traffic Signal Maintenance & Repair FY2024, Contract No. 20240283 BIDDER’S NAME: _________________________________________________ BASE BID Pursuant to and in compliance with your Notice Inviting Bids and Contract Documents relating to the Project including all Addenda (attach signed copies), Bidder, having become thoroughly familiar with the terms and conditions of the Contract Documents and with local conditions affecting the performance and the costs of the Work at the place where the Work is to be done, hereby proposes and agrees to fully perform the Work within the time stated in strict accordance with the Contract Documents (including the furnishing of any and all labor, materials, tools, expendable equipment, and utility and transportation services necessary to fully perform the Work and complete it in a workmanlike manner) for the total Base Bid sum of: ________________________________________________ Dollars Proposed Construction Costs Breakdown ($_____________________) SECTION I – ROUTINE MAINTENANCE Unit Price Per Month Total Cost Per YearItem No. 1 Description Unit Qty EA 42Routine Maintenance-Inspection and Cleaning per Attachment “C”$$ SECTION II- EXTRAORDINARY MAINTENANCE A. Material: Contractor’s cost for the supply plus (+) 15% per the Green Book B. Labor: Contractor’s hourly rates (including all fringe benefits, markup, overhead, etc.) for all job classifications involved in extraordinary maintenance. C. Regular timer hours are Monday – Friday 7:00AM – 4:00PM (excluding Holidays). Overtime hours are Monday – Friday 4:00PM – 7:00AM, Weekend and Holidays Bid Item No. Hours Per Year 5 Total Cost Per YearClassification Title Operations Superintendent Unit Straight Time 2 3 4 5 6 7 8 HR HR HR HR $ $ $ $ $ $ $ $ $ $ $ $ $ $ Foreman 5 Engineering/Systems Technician Laboratory Technician 10 10 80 80 30 Traffic Signal Technician- Lead (IMSA Level III Certified) HR Traffic Signal Technician- (IMSA Level II Certified) Utility Technician HR HR SUBTOTAL FOR BID ITEMS NO. 2 THROUGH NO. 8 $ _____________________________________ Page 31 of 182 . . Item 8 Page 217 of 221 Bid Item No. Hours Per Year Total Cost Per YearClassification Title Operations Superintendent Unit Overtime 9 HR HR HR HR 5 $ $ $ $ $ $ $ $ $ $ $ $ $ $ 10 Foreman 5 11 Engineering/Systems Technician 12 Laboratory Technician 10 10 80 80 30 13 Traffic Signal Technician- Lead (IMSA Level III Certified) HR 14 Traffic Signal Technician- (IMSA Level II Certified) 15 Utility Technician HR HR SUBTOTAL FOR BID ITEMS NO. 9 THROUGH NO. 15 Bid $ _____________________________________ Qty Total Cost Per YearItem No. Labor and Material Unit Per Unit Price Year 16 Install 6’ diameter traffic loop (4 or less) 17 Install 6’ diameter traffic loop (more than 4) 18 Furnish and Install 6’ diameter bike loop (4 or less) 19 Furnish and Install 6’ diameter bike loop (more than 4) 20 Furnish and Install No. 5 pullbox EA EA EA EA EA EA EA EA 12 12 12 12 4 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 21 Furnish and Install No. 6 pullbox 4 22 Furnish and Install No. 5 pullbox lid 4 23 Furnish and Install No. 6 pullbox lid 4 Furnish and install LED Countdown Pedestrian Head- (Dialight)24 EA EA EA EA EA 12 10 8 $ $ $ $ $ $ $25 Furnish and install ADA push button. Furnish and install ADA push button assembly complete with signs.26 $ 27 Furnish and install pedestrian push button post 4 $ $Furnish and install handhole cover (Small Plastic oval or rectangular). Furnish and install handhole cover (Small Galvanized oval or rectangular). Furnish and install handhole cover (Large Plastic oval or rectangular). 28 29 30 31 4 EA EA 4 8 $ $ $ $ Furnish and install handhole cover (Large Galvanized oval or rectangular).EA EA 8 4 $ $ $ $32 Furnish and install 3 section 12” head on shaft 33 Furnish and install 5 section 12” head on shaft 34 Furnish and install 3 section 12” head on mast arm EA EA 2 2 $ $ $ $ Page 32 of 182 . . Item 8 Page 218 of 221 Furnish and install 5 section 12” doghouse with mast arm mount35 EA 2 $$ 36 Furnish and install 12” Tunnel Visor EA EA EA EA EA EA EA EA EA EA EA EA EA 4 4 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 37 Furnish and install NEMA conflict monitor 38 Furnish and install 24 volt power supply 4 39 Furnish and install 12” LED Red Ball (Dialight) 40 Furnish and install 12” LED Yellow Ball (Dialight) 41 Furnish and install 12” LED Green Ball (Dialight) 42 Furnish and install 12” LED Red Arrow (Dialight) 43 Furnish and install 12” LED Yellow Arrow (Dialight) 44 Furnish and install 12” LED Green Arrow (Dialight) 45 Furnish and install 72”x18” ISNS Panel (Green/White) 46 Install City furnished regulatory sign on signal mast arm 47 Replace Type 1-A (10’) pole. 24 8 $ 24 4 $ $ $ $ $ $ $ $ 2 4 12 50 4 48 Adjust alignment of signal head on mast arm.4 Furnish and install Type 332 cabinet. Cabinet and auxiliary 49 equipment shall conform to Caltrans specifications. (8-phase intersection. Weekend Work) Furnish and install Type P1 or M1 cabinet. Cabinet and 50 auxiliary equipment shall conform to Caltrans specifications. (8-phase intersection. Weekend Work) EA EA 2 2 $ $ $ $ 51 Furnish and install 170 ATC McCain controller 52 Furnish and install Cobalt Controller EA EA EA EA EA EA 2 2 $ $ $ $ $ $ $ $ $ $ $ $ 53 Furnish and install model 2070LX Controller 54 Furnish and install Retroreflective Signal Backplate 55 90-Degree Elbow for vehicle signal 2 50 10 1256 Conduct Safety Light and ISNS Night Survey (Monthly) SUBTOTAL FOR BID ITEM NO. 16 THROUGH NO. 56 (LABOR & MATERIAL) $ ___________________________ Page 33 of 182 . . Item 8 Page 219 of 221 Bid Item No. Qty. Per Year Total Cost Per YearEquipmentUnitUnit Price 57 58 59 60 61 62 63 Service Truck TRIP TRIP TRIP TRIP TRIP TRIP TRIP 80 120 5 $ $ $ $ $ $ $ $ $ $ $ $ $ $ Bucket Truck Hydraulic Boom Truck Compressor with tools Crane Truck 5 5 Concrete Saw 5 Towable Arrow Board 5 SUBTOTAL BID ITEM NO. 57 THROUGH NO. 63 (EQUIPMENT) $ __________________________ SECTION III- CONTRACT PROPOSAL COST SUMMATIONS GRAND TOTAL BID ITEMS NO. 1 THROUGH NO 63 (USED FOR BID PURPOSES ONLY): Dollars ($______________________) Written Dollar Amount (Also, enter Total at top of page 32) Bid is for comparison purposes. Actual pay to the Contractor for emergency work will be based on actual time and materials based on unit prices provided. All unit prices shall include all overhead costs and profits. All other work items, labor, materials, tools and incidentals which are not specifically listed in the above bid items, but are necessary to complete the project per specifications, and all other applicable standards and codes are considered to be included in the above bid items. If there is a discrepancy between (1) the “Grand Total” shown immediately above, (2) any of the “total costs” shown in the far right column above, or (3) the individual Unit Price, then the Unit price shall control over the total cost, and the total cost shall control over the total. If, however, the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Bidder shall exclude the cost of Permit Fees from Bidder’s Base Bid sum; Base Bid sum shall include the cost of administration and coordination of Governmental Approvals and Utility Fees. Page 34 of 182 . . Item 8 Page 220 of 221 Respectfully submitted: Signature Title Address Date License Number Date of Expiration (SEAL – if Bid is by a corporation) Attest: Amount of Certified or Cashier’s Check or Bid Bond $ Name of Bonding Company: Page 35 of 182 . . Item 8 Page 221 of 221 City Council Agenda Report Meeting Date:April 16, 2024 From:Daniel S. Wall, P.E., Director of Public Works Department:Public Works Submitted by:Gerard Garcia, Assistant Engineer Subject Notice of Completion for Contract No. 20240122 Gifford Avenue, 48th, 49th, & 50th Street Improvements Recommendation A. Find that the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15301, because the project consists of the maintenance, repair or minor alteration of existing streets and involves negligible or no expansion of an existing use; B. Accept the work of Hardy & Harper, Inc. as related to City Contract No. 20240122; and C. Authorize the Director of Public Works to execute and submit the Notice of Completion for the project to the Los Angeles County Recorder’s Office. Background On January 16, 2024, the City Council awarded City Contract No. 20240122 Gifford Avenue, 48th, 49th, & 50th Street Improvements in the amount of $792,000, including a 10% contingency. The final construction cost was $755,845.38. This project involved installing thick asphalt concrete in one lift along Gifford Avenue, 48th, 49th, and 50th Street. In addition, the project included the construction of ADA ramps, a new curb and gutter, and the construction of tree wells. City Contract No. 20240122 was completed and accepted on March 4, 2024, in accordance with the project specifications and City Staff expectations. The Notice of Completion was approved as to form by the City Attorney’s office. Fiscal Impact There is no fiscal impact associated with this report. Attachments 1. Notice of Completion – Contract No. 20240122 . . Item 9 Page 1 of 1 RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: City of Vernon Attention: City Clerk 4305 Santa Fe Avenue Vernon, CA 90058 SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE For the benefit of City of Vernon No fee per Government Code Section 27383 APN: N/A NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT, PURSUANT TO CIVIL CODE SECTION 9024: 1. The undersigned is the owner, or corporate officer of the owner, of the interest or estate below in the property hereinafter described. 2. The full name of the owner is: The City of Vernon. 3. The full address of the owner is: 4305 Santa Fe Avenue, Vernon, CA 90058. 4. The nature of the interest or estate of the owner is: In Fee. 5. A work of improvement on the property hereinafter described was completed and accepted on March 4, 2024. The work done was: Gifford Avenue, 48th,49th, and 50th Street Improvements, Contract No. 20240122. 6. The name of the contractor, if any, for such work of improvement was Hardy & Harper, Inc. The property on which said work of improvement was completed is in the City of Vernon, County of Los Angeles, State of California, and is described as follows: Project involved installing thick asphalt concrete in one lift along Gifford Avenue, 48th, 49th, and 50th Street. In addition, the project included the construction of ADA ramps, a new curb and gutter, and the construction of tree wells. Dated: April 16, 2024 I, Daniel Wall, Director of Public Works, verify the foregoing Notice of Completion on behalf of the City of Vernon; I have read said Notice and know the contents thereof; and I have personal knowledge of the facts stated herein. I declare under penalty of perjury that the foregoing is true and correct. _______________________________ Daniel Wall, Director of Public Works On __________, before me, Yonnie Parker, Deputy City Clerk for the City of Vernon, personally appeared Daniel Wall, Director of Public Works for the City of Vernon, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity 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. . . Item 9 Page 1 of 2 upon behalf of which he acted, executed the instrument. WITNESS my hand and official seal. _________________________________ Yonnie Parker, Deputy City Clerk . . Item 9 Page 2 of 2 City Council Agenda Report Meeting Date:April 16, 2024 From:Todd Dusenberry, General Manager of Public Utilities Department:Public Utilities Submitted by:Adriana Ramos, Administrative Analyst Subject Letter Agreement with Southern California Edison Company Recommendation A. Find that the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, because the work being approved by this Letter Agreement (Phase 1) consists of engineering and materials procurement 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. Upon completion of Phase 1, a separate Letter Agreement will be presented to City Council for the construction portion of this project (Phase 2); B. Approve and authorize the City Administrator to execute a Letter Agreement with Southern California Edison Company (SCE), in substantially the same form as submitted, for SCE to perform required engineering and procurement work related to Interconnection Facilities, Distribution Upgrades, and Network Upgrades, in an amount not-to-exceed $14,024,895; and C. Authorize a contingency amount of five percent (5%) or $701,245 for unforeseen changes in fees or other expenses not included in the proposal, and grant authority to the City Administrator to issue change orders for an amount up to the contingency amount, if necessary. Background The City is proposing to provide new electric service to several large commercial projects under development, which requires that up to 150 megawatts of new electric load be constructed at different locations in Vernon. The potential new electric loads will demand service from the City’s 66kV sub-transmission system that is interconnected with the Southern California Edison Company (SCE) Laguna Bell Substation (the Project). In accordance with the Laguna Bell – Vernon Interconnection Service Agreement (IA), adopted on September 16, 1997 via Resolution No. 7017, Vernon Public Utilities (VPU) submitted a request to SCE for Interconnection Service and Transmission Service. Although the service request was made under the existing IA, SCE concluded that a System Impact Study and a Facilities Study were required to determine the adequacy of SCE’s electrical system including, but not limited to, the portion of SCE’s electrical system that is part of the California Independent System Operator (CAISO) Grid. Accordingly, on September 20, 2022, the City entered into the Laguna Bell-Vernon Interconnection Service Agreement Combined System Impact and Facilities Study Agreement with SCE. SCE has completed the study, and the Interconnection Facilities Study Report (Report) was published on September 7, 2023.The Report detailed the upgrades that are necessary for the SCE system which will be performed in two phases to accommodate the new electric load, and will include enhancements to facilities at the Laguna Bell Substation and two new sub-transmission source lines from SCE’s Laguna Bell Substation to the City boundaries. In the interest of working towards the goal of increasing the City’s electric load capacity to feed potential new development projects, staff recommends that SCE commence work recommended by the Report. Phase 1 of the Project consists of the engineering and material procurement by SCE for which the City will pay for specified portions (as described in Exhibit C, Payment, and . . Item 10 Page 1 of 2 Financial Security Schedule, of the Letter Agreement). The estimated cost to complete the necessary work in Phase 1 is $14,024,895, and the City will make eighteen (18) monthly payments to SCE for Phase 1. Upon completion of SCE’s engineering and procurement activities, the City will move into Phase 2 of the Project and will be required to enter into a separate Agreement with SCE for the construction portion of the Project which is expected to be presented to the City Council in March 2025. The cost for the construction in Phase 2 of the Project will be determined based on SCE’s engineering and design activities of Phase 1. VPU staff has addressed the Project funding for Phase 1 as part of the Fiscal Year 2024-25 budget process. Pursuant to Vernon Municipal Code Sections 3.32.110 (A)(2) and 3.32.110 (B)(1), the proposed work is exempt from competitive bidding and competitive selection, as SCE is the City’s transmission service provider and the engineering and procurement work related to Interconnection Facilities, Distribution Upgrades, and Network Upgrades can only be performed by SCE. The SCE Letter Agreement has been reviewed and approved as to form by the City Attorney’s Office. Fiscal Impact The fiscal impact is not-to-exceed $14,726,140, including the five percent contingency. Sufficient funds of $2,366,804 are available in Electric Fund, Engineering Department, Capital Outlay Account No. 055-050-585-660000 for the current fiscal year (FY) and remaining project costs will be budgeted in FY 2024-25 and FY 2025-26. Attachments 1. SCE - Letter Agreement . . Item 10 Page 2 of 2 1 Title Page Southern California Edison Company FERC FPA Electric Tariff Tariff Title: Wholesale Distribution Access Tariff Tariff Record Title: Service Agreement No. XXX LETTER AGREEMENT BETWEEN CITY OF VERNON AND SOUTHERN CALIFORNIA EDISON COMPANY PROJECT: DATA CENTERS TWO (SCE EAK048 AND SCE WDT1810EXP) Contract Effective Date: xx/xx/xx Tariff Record Proposed Effective Date: xx/xx/xx 905.xxx.x Version Number: 0.0.0 EAK048 AND WDT1810EXP Option Code: A . . Item 10 Page 1 of 29 2 LETTER AGREEMENT April 8, 2024 Carlos R. Fandino City Administrator City of Vernon Vernon Public Utilities 4305 Santa Fe Avenue Vernon, CA 90058 Re: Letter Agreement for the Data Centers Two Project EAK048 and WDT1810EXP Mr. Fandino: City of Vernon (“Interconnection Customer”) is proposing to construct and operate the Data Centers Two Project (“Project”), consisting of a 150 MW load project sited at three different locations within the City of Vernon service area. Each of the three new sites will have a 50 MW load, totaling 150 MW. On May 12, 2022, Interconnection Customer submitted a load Interconnection Request to Southern California Edison Company (“SCE”), requesting to interconnect the Project at SCE’s existing Laguna Bell 66 kV Substation. Interconnection Customer’s load Interconnection Request was received by SCE on May 12, 2022. It describes the projected amount of load growth, the general location of the load, and the estimated in-service date for each load (“Data Centers Two Project Load Request”). Based on the Data Centers Two Project Load Request, SCE performed a Method of Service Study and provided Interconnection Customer with a Method of Service Study Subtransmission Assessment dated March 6, 2023, which describes the impacts to SCE’s electrical system from the Interconnection Customer’s Data Centers Two Project Load Request (“Method of Service Study Report”). As a result of the findings identified in the Method of Service Study Report, SCE performed an Interconnection Facilities Study and provided Interconnection Customer with a report dated September 7, 2023, which estimates the scope, cost and installation schedule of the required mitigations needed to accommodate the load requirements of the Project (“Interconnection Facilities Study Report”). The Method of Service Study Report and the Interconnection Facilities Study Report were provided to Interconnection Customer on September 7, 2023. All capitalized terms used herein which are, not otherwise defined, shall have the meaning ascribed to that term in Section 2 of, or Attachment I to the SCE Wholesale Distribution Access Tariff (“WDAT”)(“GIP”) 1. Interconnection Customer and SCE are sometimes referred to herein individually as “Party” and collectively as “Parties.” 1 While the instant Agreement uses certain capitalized terms defined in the Generator Interconnection Procedures (“GIP”) Attachment to SCE’s WDAT, both Parties understand that the Project is a load interconnection project, not a generation interconnection project. . . Item 10 Page 2 of 29 3 In the interest of working towards the achievement of Interconnection Customer’s expected operating date for the Project, as set forth in Exhibit D (Milestones), Interconnection Customer desires for SCE to commence certain engineering and design work prior to executing an Interconnection Facilities Agreement (“IFA”). Accordingly, the purpose of this letter agreement (“Agreement”) sets forth the terms and conditions of an interim arrangement pursuant to which SCE will perform, and Interconnection Customer will pay for, certain Work, as described herein: 1. Work. SCE will perform the Work, as described in Exhibit A, upon payment by Interconnection Customer of amounts described in Section 2 and according to the terms provided herein. SCE shall perform the Work only after receipt of the payments and Financial Security set forth in Exhibit C, as may be modified by Section 2.2 and any applicable Milestones set forth in Exhibit D. The Interconnection Customer acknowledges and understands that upon completion of the Work described in Exhibit A, additional Network Upgrades, Interconnection Facilities and/or Distribution Upgrades may be necessary to enable operation of the Project, and such will be included in the IFA contemplated by the Parties. 2. Payments and Financial Security 2.1. Payments/Financial Security. In order for SCE to perform its obligations under the terms and conditions of this Agreement, Interconnection Customer shall provide to SCE the payments and Financial Security, in such estimated amounts as set forth in Exhibits B and C (as may be modified as described in Section 2.2) and in such form and on such dates as set forth in Exhibit C. SCE will provide Interconnection Customer an invoice of such payment obligations, which must be paid by the payment dates set forth in Exhibit C. . . Item 10 Page 3 of 29 4 2.2. Additional Amounts. SCE shall notify Interconnection Customer in writing within a reasonable time if SCE learns that charges and expenses are likely to exceed the estimated amounts specified in Exhibit B, warranting adjustments to amounts in Exhibit C. In the event of such notification, SCE shall specify the payment and corresponding Financial Security increase(s) and Interconnection Customer shall pay such additional amounts within thirty (30) Calendar Days of receipt of an invoice for such additional amounts. The Parties will agree to amend the Agreement in order to reflect and collect the additional amounts required, subject to FERC’s approval, as applicable, before an invoice for the additional amounts is issued to the Interconnection Customer. 2.3. Failure to Pay; Insolvency. Subject to Section 3.2, in the event that Interconnection Customer fails to provide payment for amounts incurred or irrevocably committed to be incurred, or fails to provide Financial Security, pursuant to this Agreement, SCE may (a) immediately stop Work; (b) draw on the Interconnection Financial Security for any amounts due to SCE during the term of this Agreement, and/or (c) terminate this Agreement by written notice of cancellation effective upon FERC approval. In the event that Interconnection Customer (i) is dissolved; (ii) becomes insolvent; (iii) becomes the subject of a petition in bankruptcy, either voluntary or involuntary, or in any other proceeding under federal bankruptcy laws; (iv) makes an assignment for the benefit of creditors, excluding any assignment for financing purposes; (v) is named in a suit for the appointment of a receiver, SCE may, in addition to (a) through (c) above, . . Item 10 Page 4 of 29 5 draw on the Tax Security (as defined in the IFA) for any tax liability imposed on SCE during the term of this Agreement. 3. Dispute. Disputes arising out of or in connection with this Agreement shall be resolved as follows: 3.1. Submission. In the event either Party has a dispute, or asserts a claim, that arises out of or in connection with this Agreement or its performance, such Party (the “disputing Party”) shall provide the other Party with written notice of the dispute or claim (“Notice of Dispute”). Such dispute or claim shall be referred to a designated senior representative of each Party for resolution on an informal basis as promptly as practicable after receipt of the Notice of Dispute by the other Party. In the event the designated representatives are unable to resolve the claim or dispute through unassisted or assisted negotiations within thirty (30) Calendar Days of the other Party’s receipt of the Notice of Dispute, such claim or dispute may, upon mutual agreement of the Parties, be submitted to arbitration and resolved in accordance with the arbitration procedures set forth below. In the event the Parties do not agree to submit such claim or dispute to arbitration, each Party may exercise whatever rights and remedies it may have in equity or at law consistent with the terms of this Agreement. 3.2. Payment Dispute. In the event of a billing dispute between SCE and the Interconnection Customer, SCE shall continue to perform the Work under this Agreement as long as the Interconnection Customer: (i) continues to make all payments not in dispute; and (ii) pays to SCE or into an independent escrow account the portion of the invoice in dispute, pending resolution of such dispute. . . Item 10 Page 5 of 29 6 If the Interconnection Customer fails to meet these two requirements for continuation of service, then SCE may invoke remedies in Section 2.3. Within thirty (30) Calendar Days after the resolution of the dispute, the Party that owes money to the other Party shall pay the amount due with interest calculated in accordance with the methodology set forth in FERC's Regulations at 18 C.F.R. § 35.19a(a)(2)(iii). 3.3. External Arbitration Procedures. Any arbitration initiated under this Agreement shall be conducted before a single neutral arbitrator appointed by the Parties. If the Parties fail to agree upon a single arbitrator within ten (10) Calendar Days of the submission of the dispute to arbitration, each Party shall choose one arbitrator who shall sit on a three-member arbitration panel. The two arbitrators so chosen shall within twenty (20) Calendar Days select a third arbitrator to chair the arbitration panel. In either case, the arbitrators shall be knowledgeable in electric utility matters, including electric transmission and bulk power issues, and shall not have any current or past substantial business or financial relationships with any party to the arbitration (except prior arbitration). The arbitrator(s) shall provide each of the Parties an opportunity to be heard and, except as otherwise provided herein, shall conduct the arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“Arbitration Rules”) and any applicable FERC regulations; provided, however, in the event of a conflict between the Arbitration Rules and the terms of Section 3, the terms of this Section 3 shall prevail. . . Item 10 Page 6 of 29 7 3.4. Arbitration Decisions. Unless otherwise agreed by the Parties, the arbitrator(s) shall render a decision within ninety (90) Calendar Days of appointment and shall notify the Parties in writing of such decision and the reasons therefor. The arbitrator(s) shall be authorized only to interpret and apply the provisions of this Agreement and shall have no power to modify or change any provision of this Agreement in any manner. The decision of the arbitrator(s) shall be final and binding upon the Parties, and judgment on the award may be entered in any court having jurisdiction. The decision of the arbitrator(s) may be appealed solely on the grounds that the conduct of the arbitrator(s), or the decision itself, violated the standards set forth in the Federal Arbitration Act or the Administrative Dispute Resolution Act. The final decision of the arbitrator must also be filed with FERC if it affects jurisdictional rates, terms and conditions of service, or Interconnection Facilities. 3.5. Costs. Each Party shall be responsible for its own costs incurred during the arbitration process and for the following costs, if applicable: (1) the cost of the arbitrator chosen by the Party to sit on the three-member arbitration panel and one half of the cost of the third arbitrator chosen; or (2) one half the cost of the single arbitrator jointly chosen by the Parties. 4. Milestone Schedule. The milestone schedule is attached as Exhibit D. SCE shall use commercially reasonable efforts to complete the Work in accordance with this schedule; however, SCE does not warrant the Work will be completed in time to meet such deadlines, and Interconnection Customer understands and acknowledges that such deadlines are only . . Item 10 Page 7 of 29 8 estimates and that the due dates in Exhibit D are dependent on Interconnection Customer coordinating with SCE to complete the milestones as specified in a timely manner. SCE shall not be liable for any cost or damage incurred by Interconnection Customer as a result of or due to any delay in the completion of the Work pursuant to the milestone schedule. 5. Termination. 5.1. Except for terms that survive termination, this Agreement shall terminate upon the earliest of the following to occur: (i) notice that this Agreement is not accepted for filing by FERC, if applicable; (ii) the effective date of the IFA, which the Parties intend to supersede this Agreement; (iii) the Interconnection Customer’s receipt of SCE’s notice of cancellation pursuant to Section 2.3, which is subject to acceptance by FERC; (iv) two (2) Business Days after receipt by SCE of a termination notice from Interconnection Customer to SCE at any time and for any reason; or (v) withdrawal of the Interconnection Customer’s Interconnection Request for the Project. 5.2. In the event that either Party terminates this Agreement for reasons other than the execution of the IFA, SCE shall use commercially reasonable efforts to mitigate the costs, damages, and charges arising as a consequence of such termination. To that end, SCE shall cancel, to the extent possible, any pending orders of, or return, any materials, or equipment procured pursuant to this Agreement. To the extent that Interconnection Customer has already paid SCE for any or all costs of such materials, equipment or contracts cancelled or returned, SCE shall refund such amounts to Interconnection Customer, less any costs or penalties incurred by SCE to cancel pending orders, or return, of such materials and equipment. . . Item 10 Page 8 of 29 9 5.3. In the event that this Agreement is terminated or if the Work is completed before the effective date of the IFA and a payment shortfall exists pursuant to Section 5.3.2 of this Agreement, SCE shall make reasonable efforts to submit a final invoice to Interconnection Customer of all charges and expenses within twelve (12) months from the date of termination of or completion of the Work performed under this Agreement. In such event, the following true-up process will be used: 5.3.1. Payment Excess. In the event that Interconnection Customer’s payment(s) paid in accordance with this Agreement exceeds the amount of SCE’s charges and expenses incurred or irrevocably committed to be incurred pursuant to this Agreement, SCE shall return the excess amount without interest to Interconnection Customer within thirty (30) Calendar Days after the date of a final invoice without offset for any amount that may be in dispute. 5.3.2. Payment Shortfall. In the event that Interconnection Customer’s payment(s) paid in accordance with this Agreement is less than the amount of SCE’s charges and expenses incurred or irrevocably committed to be incurred pursuant to this Agreement, then Interconnection Customer shall pay the difference, without interest, within thirty (30) Calendar Days of the date of receipt of a final invoice, without offset for any amount which may be in dispute. If Interconnection Customer fails to pay the final invoice, SCE shall also have the right to draw on the Interconnection Financial Security for any payment shortfall. 5.4. In the event that Interconnection Customer elects to terminate this Agreement but still take delivery of materials or equipment procured pursuant to this Agreement, . . Item 10 Page 9 of 29 10 Interconnection Customer shall assume all payment obligations with respect to delivery of such materials, equipment, and contracts, and SCE shall transfer such materials and equipment, and, if necessary, assign such contracts, to Interconnection Customer as soon as reasonably practicable, at Interconnection Customer’s expense. 5.5. In the event that Interconnection Customer and SCE enter into a IFA concurrently with the termination of this Agreement, then any applicable work product generated by SCE and any associated payments made by Interconnection Customer pursuant to this Agreement not already credited shall be reflected in the scope of, and the amount due under, such IFA. 6. Taxes 6.1. ITCC: The Income Tax Component of Contribution specified in the Preliminary Statement, Part M of SCE’s tariff on file with the CPUC, applicable to the Interconnection Facilities Cost, and the Capital Additions Cost. The ITCC applicable to the Interconnection Facilities Cost is provided in Exhibit B. 6.2. If SCE or the IRS makes a determination that the payment(s) made pursuant to this Agreement are taxable as contributions in aid of construction, either: (i) SCE may draw on the financial security provided by the Interconnection Customer for the estimated tax liability held on behalf of the Project to pay the tax liability imposed on SCE; or (ii) Interconnection Customer may elect to make a nonrefundable cash payment to SCE within thirty (30) Calendar Days of receipt of the invoice in the actual amount of the resultant tax liability. The tax liability will be calculated in accordance with IRS Notice 2016-36. . . Item 10 Page 10 of 29 11 7. Uncontrollable Force. No Party shall be considered to be in default with respect to any obligation hereunder, other than the obligation to pay money when due, if prevented from fulfilling such obligation by Uncontrollable Force, which for purposes of clarity shall include pandemic. A Party unable to fulfill any obligation hereunder (other than an obligation to pay money when due) by reason of Uncontrollable Force shall give notice and the full particulars of such Uncontrollable Force to the other Party in writing or by telephone as soon as reasonably possible after the occurrence of the cause relied upon. Telephone notices given pursuant to this Section 7 shall be confirmed in writing as soon as reasonably possible and shall specifically state the full particulars of the Uncontrollable Force, the time and date when the Uncontrollable Force occurred, and when the Uncontrollable Force is reasonably expected to cease. The Party affected shall exercise due diligence to remove such disability with reasonable dispatch, but shall not be required to accede or agree to any provision not satisfactory to it in order to settle and terminate a strike or other labor disturbance. 8. Indemnity. Each Party shall at all times indemnify, defend, and hold the other Party harmless from, any and all Losses arising out of or resulting from the other Party’s action or inactions with respect to its obligations under this Agreement on behalf of the indemnifying Party, except in cases of gross negligence or intentional wrongdoing by the indemnified Party. 9. Consequential Damages. In no event shall any Party be liable under any provision of this Agreement for any losses, damages, costs or expenses for any special, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profit or revenue, loss of the use of equipment, cost of capital, or cost of temporary equipment or services, whether based in whole or in part in contract or in tort, including negligence, strict liability, or any . . Item 10 Page 11 of 29 12 other theory of liability; provided, however, that damages for which a Party may be liable to another Party under another agreement will not be considered to be special, indirect, incidental, or consequential damages hereunder. 10. Entire Agreement. This Agreement, including all Exhibits attached hereto, constitutes the complete and final expression of the agreement between the Parties and is intended as a complete and exclusive statement of the terms of their agreement. This Agreement supersedes all prior and contemporaneous offers, promises, representations, negotiations, discussions, communications, and other agreements, which may have been made in connection with the subject matter of this Agreement. Nothing in this Agreement is intended or shall be deemed to require SCE or Interconnection Customer to enter into any other agreement, including without limitation any agreement to interconnect the Project. Should the Parties enter into an IFA, such IFA will supersede this Agreement. 11. Insurance. Each Party shall maintain insurance coverage consistent with the requirements as set forth in the IFA. 12. Access Rights. Each Party shall provide access rights consistent with the requirements as set forth in the IFA. 13. Waiver. Any waiver at any time by either Party of its rights with respect to this Agreement, shall not be deemed a waiver with respect to any other failure to comply with any obligation, right or duty of this Agreement. Any delay, with the exception of the statutory period of limitation in assessing or enforcing any right, shall not be deemed a waiver of such right. 14. No Joint Liability. The covenants, obligations, and liabilities of the Parties are intended to be several and not joint or collective, and nothing contained in this Agreement shall ever be . . Item 10 Page 12 of 29 13 construed to create an association, joint venture, trust, or partnership, or to impose a trust or partnership covenant, obligation, or liability on or with regard to either Party. Each Party shall be individually responsible for its own covenants, obligations, and liabilities as provided in this Agreement. Neither Party shall be under the control of the other Party. Neither Party shall be the agent of or have a right or power to bind the other Party without such other Party’s express written consent. 15. No Third Party Beneficiaries. The Parties do not intend to create rights in, or to grant remedies to, any third party as a beneficiary either of this Agreement or of any duty, covenant, obligation, or undertaking established herein. 16. Governing Law. This Agreement shall be interpreted by and in accordance with the laws of the State of California, without regard to the principles of conflict of laws therefor, or the laws of the United States, as applicable, as if executed and to be performed wholly within the United States. 17. Successors and Assigns. This Agreement shall be binding upon the Parties and their successors and assigns. This Agreement may be assigned by a Party only with the written consent of the other Party; provided that a Party may assign this Agreement without the consent of the other Party to any Affiliate of the assigning Party with an equal or greater credit rating and with the legal authority and operational ability to satisfy the obligations of the assigning Party under this Agreement; and provided further that the Interconnection Customer shall have the right to assign this Agreement, without the consent of the other Party, for collateral security purposes to aid in providing financing for the Generating Facility, provided that the Interconnection Customer will require any secured party, trustee or mortgagee to notify the other Party of any such assignment. Any financing arrangement . . Item 10 Page 13 of 29 14 entered into by the Interconnection Customer pursuant to this Section will provide that prior to or upon the exercise of the secured party’s, trustee’s or mortgagee’s assignment rights pursuant to said arrangement, the secured creditor, the trustee or mortgagee will notify the other Party of the date and particulars of any such exercise of assignment right(s). Any attempted assignment that violates this Section is void and ineffective. Any assignment under this Agreement shall not relieve a Party of its obligations, nor shall a Party’s obligations be enlarged, in whole or in part, by reason thereof. Where required, consent to assignment will not be unreasonably withheld, conditioned or delayed. 18. Survival. Indemnity obligations and obligations to pay charges and expenses incurred or irrevocably committed to be incurred pursuant to this Agreement will survive termination of this Agreement. 19. FERC Filing. SCE will report this Agreement and amendments thereto in its Electronic Quarterly Report (“EQR”) in lieu of filing it at FERC, pursuant to Applicable Laws and Regulations. 20. Reservation of Rights. SCE shall have the right to make a unilateral filing with FERC to modify this Agreement with respect to any rates, terms and conditions, charges, classifications of service, rule or regulation under section 205 or any other applicable provision of the Federal Power Act and FERC’s rules and regulations thereunder, and Interconnection Customer shall have the right to make a unilateral filing with FERC to modify this Agreement pursuant to section 206 or any other applicable provision of the Federal Power Act and FERC’s rules and regulations thereunder; provided that each Party shall have the right to protest any such filing by another Party and to participate fully in any proceeding before FERC in which such modifications may be considered. Nothing in this . . Item 10 Page 14 of 29 15 Agreement shall limit the rights of the Parties or of FERC under sections 205 or 206 of the Federal Power Act and FERC’s rules and regulations thereunder, except to the extent that the Parties otherwise mutually agree as provided herein. 21. Construction. Ambiguities or uncertainties in the wording of this Agreement shall not be construed for or against any Party, but shall be construed in the manner that most accurately reflects the Parties’ intent as of the date they executed this Agreement. 22. Amendment. The Parties may by mutual agreement amend this Agreement by a written instrument duly executed by all of the Parties. Such amendment shall become effective and a part of this Agreement upon satisfaction of all Applicable Laws and Regulations. 23. Confidentiality. The provisions governing confidentiality in the IFA are hereby incorporated herein, in their entirety. 24. Authority. Each Party hereby represents that it has the right, power, and authority to enter into this Agreement, to become a Party hereto and to perform its obligations hereunder. This Agreement is a legal, valid and binding obligation of such Party, enforceable against such Party in accordance with its terms, except as the enforceability thereof may be limited by applicable bankruptcy, insolvency, reorganization or other similar laws affecting creditors’ rights generally and by general equitable principles (regardless of whether enforceability is sought in a proceeding in equity or at law). 25. Warranties. Interconnection Customer warrants that it is duly organized, validly existing and in good standing under the laws of the state in which it is organized, formed, or incorporated, as applicable; and that it is qualified to do business in the state or states in which the Interconnection Facilities will be located; and that it has the corporate power and . . Item 10 Page 15 of 29 16 authority to own its properties, to carry on its business as now being conducted and to enter into this Agreement and carry out the transactions contemplated hereby and perform and carry out all covenants and obligations on its part to be performed under and pursuant to this Agreement. 26. Headings. The descriptive headings of the various Sections of this Agreement have been inserted for convenience of reference only and are of no significance in the interpretation or construction of this Agreement. 27. Execution. This Agreement may be executed in two or more counterparts, each of which is deemed an original, but all constitute one and the same instrument. . . Item 10 Page 16 of 29 17 28. Effective Date. This Agreement shall become effective upon execution by all Parties subject to acceptance by FERC (if applicable), or if filed unexecuted, upon the date specified by FERC. SOUTHERN CALIFORNIA EDISON COMPANY By _________________________ Name: Jim Buerkle Title: Managing Director of Major Projects, Design Engineering, and Grid Contracts ACCEPTED AND AGREED to this day of __________________ CITY OF VERNON By: _____________________________ Name: _ Carlos R. Fandino_____________ Title: __City Administrator____________ ATTEST: ____________________________________ Yonnie Parker, Deputy City Clerk APPROVED AS TO FORM: _____________________________________ Zaynah N. Moussa, City Attorney ACCEPTED AND AGREED to this day of __________________ . . Item 10 Page 17 of 29 18 EXHIBIT A SCOPE OF WORK A description of the Work to be performed by SCE. A one-line diagram of the interconnection is included. SCE’s Interconnection Facilities described in this Exhibit A to the Agreement are based on SCE’s preliminary engineering and design and were derived from SCE’s Interconnection Facilities Study Report. The Work to be performed under this Agreement is solely the detailed design, engineering, and procurement for the Interconnection Facilities described below, in order to advance the Project towards its in-service date using reasonable efforts prior to the execution of an IFA. SCE will not perform any construction for the Interconnection Facilities under this Agreement; such construction activities will be performed pursuant to a subsequent IFA. SCE will commence detailed design, engineering, and procurement for the Interconnection Facilities described below. 1. Interconnection Facilities: (i) Laguna Bell Substation (DE Section for 50 MW of the 150 MW) Perform relay coordination study (ii) Laguna Bell Substation (AB Section for 100 MW of the 150 MW) 1. Install facilities for two (2) new 66 kV switchrack positions. This work includes the following for each of the new positions: a. One (1) 66 kV dead-end switchyard structure. b. Two (2) 66 kV voltage transformers with steel pedestal support structures. c. Three (3) 66 kV line drops. d. Two (2) 66 kV circuit breakers. e. Four (4) 66 kV group operated disconnect switches, one with grounding attachment. 2. Install the following relays to protect the new line position: Two (2) line current differential relays. The make and type of current differential relays will be specified by SCE during final engineering of SCE Interconnection Facilities. (iii) Laguna Bell-P.S.33 66 kV line (AB Section for 100 MW of the 150 MW). 1. Utilize approximately 3.75 miles of existing idle line. Use of this existing idle line will require pole replacements, pole head frames, and insulator replacements which will be determined during execution of the project. 2. Install new overhead and underground facilities to complete the line into Laguna Bell Substation (AB section). The actual scope will be determined during execution of the project. This study assumed the following: a. Installation of three (3) tubular steel riser poles . . Item 10 Page 18 of 29 19 b. Installation of three (3) underground vaults c. Installation of approximately 1,500’ of duct bank d. Installation of approximately 5,700’ of underground cable e. Installation of ten (10) wood poles f. Thirty-three (33) pole head reframes g. Thirteen (13) pole head insulator replacements h. Approximately 2,500’ of overhead conductor (iv) Laguna Bell-P.S.20-P.S.38 66 kV line. (AB Section for 100 MW of the 150 MW) 1. Utilize approximately 3.25 miles of existing idle line. Use of this existing idle line will require pothead replacements, pole head frames, and insulator replacements which will be determined during execution of the project. 2. Install new overhead and underground facilities to complete the line into Laguna Bell Substation (AB section). The actual scope will be determined during execution of the project. The Interconnection Facilities Study Report assumed the following: a. Installation of two (2) tubular steel riser poles b. Installation of six (6) underground vaults c. Installation of approximately 5,700’ of duct bank d. Installation of approximately 19,000’ of underground cable e. Installation of one (1) pole switch f. Forty-one (41) pole head reframes g. Sixteen (16) pole head insulator replacements h. Two (2) tubular steel pole pothead replacements i. One (1) tubular steel pole replacement (v) Telecommunications. (AB Section for 100 MW of the 150 MW) 1. Install all required lightwave, channel banks, and associated equipment (including terminal equipment), supporting line protection and the RTU requirements at the Laguna Bell Substation. 2. Install fiber optic cable from Laguna Bell Substation to the City of Vernon boundary along the existing Laguna Bell-P.S.33 66 kV line. The Study assumed the installation of approximately 300’ of underground fiber optic cable from Laguna Bell Substation to outside the fence line and rise up with approximately 3.75 miles of overhead fiber optic cable to the City of Vernon boundary. 3. Install fiber optic cable from Laguna Bell Substation to the City of Vernon boundary along the existing Laguna Bell-P.S.20-P.S.38 66 kV line. The Study assumed the installation of approximately 300’ of underground fiber optic cable from Laguna Bell Substation to outside the fenceline and rise up with approximately 3.25 miles of overhead fiber optic cable to the City of Vernon boundary. (vi) Metering. (AB Section for 100 MW of the 150 MW). Install meters required to meter the retail load at the City of Vernon. Notwithstanding that the meters will be located on the Interconnection Customer’s side of the Point of Change of Ownership, SCE shall own, operate and maintain such facilities as part of the SCE’s Interconnection Facilities. (vii) Power System Controls. (AB Section for 100 MW of the 150 MW). Add points to existing RTU at Laguna Bell Substation to include points for new protection . . Item 10 Page 19 of 29 20 relay/status/alarm/control. (viii) Real Properties. (AB Section for 100 MW of the 150 MW). Obtain easements and/or acquire land for the installation of SCE’s Interconnection Facilities. (ix) Environmental Activities, Permits, and Licensing. (AB Section for 100 MW of the 150 MW) Perform and/or coordinate the required environmental activities and obtain required licensing and permits for the installation of SCE’s Interconnection Facilities, including any associated telecommunication equipment, if applicable. 1. SCE Scope of Work i. SCE will act as the lead for regulatory agency communication for permits issued to SCE covering such SCE facilities. ii. SCE environmental activities may include, but are not limited to, the following: a. Perform all environmental studies and construction monitoring of SCE internal substation construction activities and provide study results to the City of Vernon for inclusion in its environmental documents, if applicable. b. Collaborate with the City of Vernon during the environmental study phase on the City of Vernon’s proposed study methodologies and findings, as studies are being planned and performed for SCE’s scope of work. c. Review City of Vernon’s CEQA and/or National Environmental Policy Act (“NEPA”) documents, technical studies, surveys, and other environmental documentation to ensure SCE’s scope of work is adequately described in such documents (City of Vernon will include SCE’s scope of work in its environmental documents. If the City of Vernon’s CEQA and/or NEPA documents do not sufficiently incorporate SCE’s scope of work, SCE’s assumed environmental work and permitting level of effort may increase, resulting in the need to update cost and duration estimates, and potentially amend the Interconnection Agreement). d. Review SCE’s internal existing technical reports/documents when available. e. Prepare SCE’s project description, including scope changes during permitting/preconstruction or construction. f. Communicate scope changes to the City of Vernon’s environmental team and discuss/approve subsequent actions including new surveys as necessary. g. Complete General Order 131-D Consistency Determination and Environmental Evaluation. h. Regulatory agency communication, consultation, reporting, and acquisition of SCE permits addressing SCE's facilities and scope of work. i. Prepare environmental requirements for construction clearance. j. Develop communication plan. . . Item 10 Page 20 of 29 21 k. Perform pre-construction coordination field visit. l. Provide Environmental Awareness/Worker Environmental Awareness Program (“WEAP”) training. m. Perform construction monitoring oversight. n. Complete construction and post-construction site assessments. 2. City of Vernon Scope of Work i. City of Vernon will perform all environmental studies and prepare draft environmental permit applications related to the installation of such SCE facilities, except for the SCE internal substation activities as described above. The City of Vernon’s responsibilities include as applicable, but are not limited to: notifications to the Native American Heritage Commission (“NAHC”) and follow up notifications to the tribes and individuals in the NAHC contact list; performing cultural and paleontological resources records searches, cultural resources inventories (survey and recording), testing and evaluation and/or data recovery of archaeological sites, and appropriate documents in the form of inventory reports, research design, and/or data recovery reports; cultural and paleontological monitoring when/if required, and arranging curation agreements for artifacts and fossil specimens collected; performing a California Natural Diversity Database search, habitat assessment, and protocol or focused surveys for species with the potential of occurring in identified suitable habitat; conducting jurisdictional delineations for wetlands and other regulated waters; preparing draft environmental permit applications, pre-construction biological resource surveys for such SCE facilities, biological resource monitoring during construction of such SCE facilities; mitigation costs including, but not limited to, offsite/compensatory mitigation and onsite restoration, and developing mitigation plans or other environmental reports or submittals to support installation of such SCE facilities. ii. Prior to commencing work and during execution of work, the City of Vernon should collaborate and obtain SCE concurrence on all work outlined above. Should the City of Vernon-performed environmental studies, surveys, or construction monitoring not meet the Federal or State industry standards in accordance with Applicable Laws and Regulations, and as determined by SCE, the City of Vernon shall be obligated to remedy deficiencies under SCE’s direction. In the event the assumptions presume that the Interconnection Customer performs part of the environmental activities on SCE’s behalf, the Interconnection Customer will be required to: 1. Provide SCE the Environmental Services Costs Declaration of the actual costs incurred for work performed. 2. Remedy any and all deficiencies under SCE’s direction, should the environmental studies and resulting reports not comply with industry standards established by State of California and/or Applicable Laws and Regulations, as determined by SCE. . . Item 10 Page 21 of 29 22 2. Point of Change of Ownership, Point of Interconnection and One-Line Diagram of Interconnection: For purposes of the Work to be performed under this Agreement, the following assumptions shall apply with respect to the Point of Change of Ownership and Point of Interconnection: i. Point of Change of Ownership. (i) Laguna Bell-P.S.33 66 kV Line: The Point of Change of Ownership shall be the point where the conductors of the Laguna Bell-P.S.33 66 kV Line are attached to the Last Structure at the City of Vernon boundary. The City of Vernon shall own and maintain the Last Structure, the conductors, insulators, and jumper loops from such Last Structure to the City of Vernon facilities. SCE will own the insulators that are used to attach the SCE owned conductors to the Last Structure. (ii) Laguna Bell-P.S.33 66 kV Line telecommunication fiber optic cable: The Point of Change of Ownership shall be the point designated by SCE where the Interconnection Customer’s fiber optic cable is attached to the SCE owned fiber optic cable at the City of Vernon boundary. (iii) Laguna Bell-P.S.20-P.S.38 66 kV Line: The Point of Change of Ownership shall be the point where the conductors of the Laguna Bell-P.S.33 66 kV Line are attached to the Last Structure at the City of Vernon boundary. The City of Vernon shall own and maintain the Last Structure, the conductors, insulators, and jumper loops from such Last Structure to the City of Vernon facilities. SCE will own the insulators that are used to attach the SCE owned conductors to the Last Structure. (iv) Laguna Bell-P.S.20-P.S.38 66 kV Line telecommunication fiber optic cable: The Point of Change of Ownership shall be the point designated by SCE where the Interconnection Customer’s fiber optic cable is attached to the SCE owned fiber optic cable at the City of Vernon boundary. ii. Point of Interconnection. SCE’s Laguna Bell 66 kV Substation. . . Item 10 Page 22 of 29 23 iii. One-Line Diagram of Interconnection. . . Item 10 Page 23 of 29 24 EXHIBIT B ESTIMATED COST OF THE WORK AND FINANCIAL SECURITY SCE will provide an estimated cost of the Work identified in Exhibit A and any associated financial security, including Interconnection Financial Security and ITCC. a. Estimated Cost Element- Interconnection Facilities Cost One-Time Cost ITCC Total Distribution Provider’s Interconnection Facilities Laguna Bell-P.S.33 66kV Line $2,513,331 $603,199 $3,116,530 Laguna Bell-P.S. 20-P.S.38 66 kV Line $4,108,342 $986,002 $5,094,343 Laguna Bell Substation Switchrack $3,324,745 $797,939 $4,122,683 Power System Controls $15,904 $0.00 $15,904 Metering Services $62,044 $14,890 $76,934 IT Telecommunications $199,478 $47,875 $247,352 Laguna Bell-P.S.33 66kV Line Transmission Telecommunication $395,926 $95,022 $490,948 Laguna Bell-P.S. 20-P.S.38 66 kV Line Transmission Telecommunication $409,232 $98,216 $507,448 Environmental and Licensing $117,513 $28,203 $145,716 Real Properties $115,006 $27,601 142,607 Laguna Bell Relay Coordination $64,430 $0.00 $64,430 Total $11,245,614 $80,334 $2,698,947 $14,024,895 Note 1: All amounts shown above are in nominal dollars. Note 2: The estimated costs provided in the table above are based on the Interconnection Facilities Study Report and have been adjusted to reflect solely the Work SCE will perform for the Facilities as provided in Exhibit A of this Agreement. b. Financial Security i. Interconnection Financial Security. 1. The Distribution Provider’s Interconnection Facilities: Pursuant to Section 2 of this Agreement, the Interconnection Customer shall provide Interconnection Financial Security in the total amount of $2,000,000 to cover the costs for the Work identified in Section a.i of Exhibit A. The Interconnection Customer can reduce the Inteconnection Financial Security amount on a dollar for dollar basis once the total Project Payment amount outstanding becomes less than the Interconnection Financial Security amount posted. ii. Estimated Tax Liability. Pursuant to Section 6 of this Agreement, the Interconnection Customer’s estimated tax liability is as follows: Estimated tax liability for Distribution Provider’s Interconnection Facilities = The sum of the product of (i) the applicable ITCC rate for the year payments are to be received, and . . Item 10 Page 24 of 29 25 (ii) the total of the payments to be received for the Interconnection Facilities Cost for that year. Year(s) payments to be received Applicable ITCC rate Total payments to be received for Interconnection Facilities Cost ITCC for Distribution Provider’s Interconnection Facilities 2023 & beyond See Section 4.4 of Attachment J to the Tariff $11,245,614 Applicable ITCC rate x Total payments to be received for Interconnection Facilities Cost *The rate(s) applicable to the Tax Security is in accordance with Attachment J to the WDAT. . . Item 10 Page 25 of 29 26 EXHIBIT C PAYMENT AND FINANCIAL SECURITY SCHEDULE SCE will include a schedule(s) of the amount, and due date, for the payments and financial security, as applicable, reflected in Exhibit B. a. Payment Schedule The payment amounts shown below are based on an estimate of the monthly incurred costs for the scope of Work identified in Exhibit A. Payment No. Payment Due Date Interconnection Facilities Cost One- Time Cost ITCC Project Payment 1 5/1/2024 $132,670 $948 $31,841 $165,459 2 6/1/2024 $161,445 $1,153 $38,747 $201,345 3 7/1/2024 $195,893 $1,399 $47,014 $244,306 4 8/1/2024 $236,857 $1,692 $56,846 $295,395 5 9/1/2024 $285,176 $2,037 $68,442 $355,655 6 10/1/2024 $341,605 $2,440 $81,985 $426,030 7 11/1/2024 $406,703 $2,905 $97,609 $507,217 8 12/1/2024 $480,697 $3,434 $115,367 $599,498 9 1/1/2025 $566,745 $4,049 $136,019 $706,813 10 2/1/2025 $657,474 $4,697 $157,794 $819,965 11 3/1/2025 $753,885 $5,385 $180,932 $940,202 12 4/1/2025 $852,957 $6,093 $204,710 $1,063,760 13 5/1/2025 $950,582 $6,790 $228,140 $1,185,512 14 6/1/2025 $1,041,710 $7,441 $250,010 $1,299,161 15 7/1/2025 $1,120,741 $8,006 $268,978 $1,397,725 16 8/1/2025 $1,182,128 $8,445 $283,711 $1,474,284 17 9/1/2025 $1,221,117 $8,723 $293,068 $1,522,908 18 10/1/2025 $657,229 $4,697 $157,735 $819,661 Total $11,245,614 $80,334 $2,698,947 $14,024,895* All amounts shown above are in nominal dollars. *Interconnection Facilities Payment (Interconnection Facilities Costs $11,245,614 + One-Time Cost $80,334 + ITCC $2,698,947) = $14,024,895 (based on Estimated Cost) b. Financial Security Schedule i. Interconnection Financial Security The Interconnection Customer shall provide to SCE Interconnection Financial Security in the total amounts specified in Section b.i of Exhibit B of this Agreement by the dates as provided below. . . Item 10 Page 26 of 29 27 Interconnection Financial Security (IFS) Interconnection Facilities ITCC Total Amount Due Date IFS amount required pursuant to this Agreement $11,325,948 $2,698,947 $2,000,000 Within thirty calendar days of the Effective Date Total $11,325,948 $2,698,947 $2,000,000 The Interconnection Financial Security posted by the Interconnection Customer in accordance with this Agreement shall be applied towards the Interconnection Customer’s obligation to post Interconnection Financial Security pursuant to the WDAT Section 8. . . Item 10 Page 27 of 29 28 EXHIBIT D MILESTONES SCE will include a list of relevant milestones applicable to the Work. Item Milestone Responsible Party Due Date (b) Submittal of written authorization to proceed with design and procurement of the Distribution Provider’s Interconnection Facilities, Distribution Upgrades and Network Upgrades to SCE Interconnection Customer Within thirty (30) Calendar Days after the Effective Date of this Agreement (c) Submittal of posting of Interconnection Financial Security for the Distribution Provider’s Interconnection Facilities, Distribution Upgrades and Network Upgrades to SCE, pursuant to Section b.i of Exhibit C of this Agreement Interconnection Customer In accordance with the schedule in Section b.i of Exhibit C of this Agreement (e) Submittal of Tax Security for the estimated tax liability to SCE, pursuant to Section b.ii of Exhibit C of this Agreement Interconnection Customer In accordance with the schedule in Section b.ii of Exhibit C of this Agreement (f) Submittal of initial specifications for the Interconnection Customer’s Interconnection Facilities including System Protection Facilities Interconnection Customer Within thirty (30) Calendar Days after the Effective Date of this Agreement (g) Review of and comment on the Interconnection Customer’s initial specifications SCE Within thirty (30) Calendar Days after the Interconnection Customer’s submission of initial specifications (h) Submittal of initial information including SCE’s Transmission System information necessary to allow the Interconnection Customer to select equipment SCE Within ninety (90) Calendar Days after the Effective Date of this Agreement (i) Submittal of final specifications for the Interconnection Customer’s Interconnection Facilities including System Protection Facilities, to SCE Interconnection Customer At least twelve (12) months prior to completion of the Distribution Provider’s Interconnection Facilities, Distribution . . Item 10 Page 28 of 29 29 Item Milestone Responsible Party Due Date Upgrades and Network Upgrades (j) Review of and comment on the Interconnection Customer’s final specifications SCE Within thirty (30) Calendar Days after the Interconnection Customer’s submission of final specifications (k) Submittal of updated information by the Interconnection Customer, including manufacturer information Interconnection Customer No later than one hundred eighty (180) Calendar Days prior to Trial Operation (l) Completion of the Distribution Provider’s Interconnection Facilities * SCE Within thirty-six (36) months following the Effective Date of this Agreement (m) In -Service Date* Interconnection Customer May 1, 2027 * Note: SCE shall use commercially reasonable efforts to complete the Work described in Exhibit A to support a May 1, 2027, In-Service Date assuming this Agreement is executed by April 30, 2024; however, pursuant to Section 4 of the Agreement, the timeline in this Exhibit D is dependent on the Interconnection Customer coordinating with SCE to complete the milestones as specified in a timely manner. SCE does not warrant that such Work will be completed in time to meet such date, and the Interconnection Customer acknowledges and understands that such date is only an estimate and therefore, SCE shall not be liable for any cost or damage incurred by the Interconnection Customer as a result of or due to any delay in the completion of the Work provided for in this Agreement. In the event SCE reasonably expects that it will not be able to complete the Distribution Provider’s Interconnection Facilities, by the specified date, SCE shall promptly provide written notice to the Interconnection Customer and shall undertake commercially reasonable efforts to meet the earliest date thereafter. . . Item 10 Page 29 of 29 City Council Agenda Report Meeting Date:April 16, 2024 From:Carlos Fandino, City Administrator Department:City Administration Submitted by:Angela Kimmey, Deputy City Administrator Subject Services Agreement with Renne Public Policy Group for Legislative and Regulatory Advocacy Recommendation Approve and authorize the City Administrator to execute a Professional Services Agreement with Renne Public Policy Group (RPPG), in substantially the same form as submitted, for legislative and regulatory advocacy services for a total amount not-to-exceed $447,000 for a three-year term. Background The City requires the services of a third-party firm to provide legislative, regulatory, and administrative advocacy on the full spectrum of legislative and regulatory proposals that could impact the City’s overall operations, specifically with expertise in public health and utility services. Such advocacy services are necessary to remain apprised of important legislative and regional issues that may impact the City in a positive or negative way, to protect the City’s interests and to identify resources available to enhance City Services and programs. To that end, and pursuant to Vernon Municipal Code (VMC) Section 3.32.080, on January 25, 2024, City Administration issued a Request for Proposals (RFP) for Legislative and Regulatory Advocacy Services. In general, the scope of work included in the RFP consisted of monitoring legislation, providing testimony, developing strategy, working with California administrative agencies, attending and participating in legislative and regulatory conference calls and meetings, arranging meetings, and providing regular updates to City staff. Under the direction of the City Administrator, the selected firm will assist the City in developing and successfully pursuing its legislative and funding priorities. Pursuant to VMC Section 3.32.130, the RFP was posted on the PlanetBids online platform and emailed to 13 qualified firms in compliance. In response to the RFP, four proposals were received by the March 4, 2024 deadline. The written proposals were subject to a review process by city staff with knowledge of the City’s legislative and regulatory needs. Individual scores were applied by members of the selection panel using the evaluation criteria set forth in the RFP. At the conclusion of the assessment, Renne Public Policy Group (RPPG) emerged as the best suited firm to meet the city’s legislative and regulatory advocacy needs as communicated through the RFP. Based on the results of the RFP process, staff recommends approval of a three-year agreement with RPPG to provide legislative and regulatory advocacy services for the City. As noted in their proposal, RPPG is partnering with Emanuels Jones and Associates to meet the City’s diverse needs for expertise in general city legislation, and also specialty expertise in public health and utilities including support for grant funding identification. As noted in RPPG’s proposal, by the end of 2024, the Legislature will have fully turned over since 2012. This provides an opportunity for Vernon and VPU to establish new relationships both inside and outside the City’s legislative delegation. Increased legislative engagement will enable the city to develop robust relationships with legislative leaders, the Administration, key state agencies, staff, and regulatory bodies. To leverage this opportunity, RPPG will conduct an educational tour at the Capitol, guided by the . . Item 11 Page 1 of 2 City’s legislative priorities, to drive awareness on the issues of greatest importance to the city and promote the city’s efforts to grow and evolve. This will better position the city for successful funding requests. The proposed agreement has been reviewed and approved as to form by the City Attorney’s Office. City Council approval of the proposed agreement is required pursuant to VMC Section 3.32.030 (A) as it exceeds $100,000. Fiscal Impact The fiscal impact is not-to-exceed $447,000 over the three-year term of the agreement. The cost for the proposed services agreement will be shared between City Administration and the Public Utilities Department (VPU) with a $49,000 annual cost allocated to City Administration and $100,000 to VPU. Sufficient funds are available in General Fund, City Administration Department, Professional Services Account No. 011-010-105-529215 and Electric Enterprise Fund, Professional Services Account No. 055-050-580-529215 for the current fiscal year and will be budgeted in subsequent years. Attachments 1. Services Agreement – Renne Public Policy Group . . Item 11 Page 2 of 2 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND RENNE PUBLIC POLICY GROUP FOR LEGISLATIVE AND REGULATORY ADVOCACY SERVICES COVER PAGE Contractor: Renne Public Policy Group Responsible Principal of Contractor: Jon Holtzman, Founding Partner Notice Information - Contractor: Renne Public Policy Group 1127 11th Street, Suite 300 Sacramento, CA 95814 Attention: Dane Hutchings, Director Telephone: (916) 230-6935 Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Carlos R. Fandino, Jr., City Administrator Telephone: (323) 583-8811 ext. 228 Commencement Date: April 16, 2024 Termination Date: April 15, 2027 Consideration: Total not to exceed $447,000 (includes all applicable sales tax); and more particularly described in Exhibit B Records Retention Period Three (3) years, pursuant to Section 11.20 . . Item 11 Page 1 of 39 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND RENNE PUBLIC POLICY GROUP FOR LEGISLATIVE AND REGULATORY ADVOCACY SERVICES This Agreement is made between the City of Vernon, a California charter City and California municipal corporation (“City”), and Renne Public Policy Group, a division of Renne Public Law Group, a California Limited Liability Partnership (“Contractor”). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on April 16, 2024. 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the City’s Request for Proposals issued on or about January 25, 2024, and titled Legislative and Regulatory Advocacy Services, and Contractor's proposal to the City ("Proposal") dated March 4, 2024, Exhibit “A”, a copy which is attached to and incorporated into this Agreement by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed in a competent, professional, and satisfactory manner in accordance with the prevailing industry standards for such services. 3.0 PERSONNEL. 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Agreement. 3.2 Contractor shall not subcontract any services to be performed by it under this Agreement without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 4.0 TERM. The term of this Agreement shall commence on April 16, 2024, and it shall continue until April 15, 2027, unless terminated at an earlier date pursuant to the provisions thereof. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of Services Agreement Renne Public Policy Group Page 2 of 39 . . Item 11 Page 2 of 39 the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit “B” attached hereto and incorporated herein by reference. 5.2 Contractor's grand total compensation for the entire term of this Agreement, shall not exceed $447,000 without the prior authorization of the City, as appropriate, and written amendment of this Agreement. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment, and transportation which may be required for furnishing services pursuant to this Agreement. Materials shall be of the highest quality. The above Agreement fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 5.4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor: 5.4.1 The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. 5.4.2 Approved reproduction charges. 5.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 5.5 Contractor shall not receive any compensation for extra work performed without the prior written authorization of City. As used herein, “extra work” means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance with the payment schedule as set forth in Exhibit “B,” if the extra work has been approved by the City. 5.6 Licenses, Permits, Fees, and Assessments. Contractor shall obtain, at Contractor’s sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and Services Agreement Renne Public Policy Group Page 3 of 39 . . Item 11 Page 3 of 39 interest, which may be imposed by law and which arise from or are necessary for the performance of the Services by this Agreement. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month. 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services, authorized costs, and authorized extra work covered by that invoice. 7.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services. 8.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times. 9.0 INDEMNITY. Contractor agrees to indemnify City, its officers, elected officials, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “claims or liabilities”), including but not limited to professional negligence, that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of Contractor hereunder, or arising from Contractor’s performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such Services Agreement Renne Public Policy Group Page 4 of 39 . . Item 11 Page 4 of 39 claims or liabilities arise from the gross negligence or willful misconduct of City, its officers, elected officials, agents or employees. 10.0 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Agreement, including any extensions thereto. The policies shall state that they afford primary coverage. i. Automobile Liability with minimum limits of at least $1,000,000 combined single limit, including owned, hired, and non-owned liability coverage. ii. Contractor agrees to subrogate automobile liability resulting from performance under this Agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the Contractor under the performance of the services. iii. General Liability with minimum limits of at least $1,000,000 per occurrence and $2,000,000 aggregate written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Agreement. (1) If Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. (2) Contractor agrees to subrogate General Liability resulting from performance under this Agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services. iv. Professional Errors and Omissions coverage in a sum of at least $1,000,000, Services Agreement Renne Public Policy Group Page 5 of 39 . . Item 11 Page 5 of 39 where such risk is applicable. Applicable aggregates must be identified and claims history provided to determine amounts remaining under the aggregate. Contractor shall maintain such coverage for at least one (1) year after the termination of this Agreement. v. Excess Coverage – Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City. Any umbrella liability policy or excess liability policy will in “following form” and will contain a provision to the effect that, if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance. vi. Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. In addition, Contractor shall require each subcontractor to similarly maintain workers’ compensation insurance in accordance with the laws for California for all of the subcontractor’s employees. Compliance is accomplished in one of the following manners: (1) Provide copy of permissive self-insurance certificate approved by the State of California; or (2) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Agreement; or (3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Agreement. vii. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. viii. Insurance shall be placed with insurers with a Best's rating of no less than A-VIII. ix. Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. x. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Agreement until further directed by the City. In the absence of Services Agreement Renne Public Policy Group Page 6 of 39 . . Item 11 Page 6 of 39 satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due to Contractor, at City's option; (b) immediately terminate this Agreement and seek damages from the Agreement resulting from said breach; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due to Contractor. 11.0 GENERAL TERMS AND CONDITIONS. 11.1 INDEPENDENT CONTRACTOR. 11.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent, officer or employee of City and shall furnish such services in its own manner and method except as required by this Agreement, or any applicable statute, rule, or regulation. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. City assumes no liability for Contractor’s actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, subcontractors and independent contractors, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 11.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 11.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 11.3 OWNERSHIP OF WORK. All documents and materials furnished by the City to Contractor shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets, and other documents Services Agreement Renne Public Policy Group Page 7 of 39 . . Item 11 Page 7 of 39 prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested at no additional cost to the City. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Agreement. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 11.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy, or incompleteness. 11.5 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 11.6 WAIVER. The City's waiver of any term, condition, breach, or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and executed by a duly authorized representative of the party against whom enforcement of a waiver is sought. 11.7 SUCCESSORS. This Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors, and/or assigns. 11.8 NO ASSIGNMENT. Contractor shall not assign or transfer this Agreement or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Services Agreement Renne Public Policy Group Page 8 of 39 . . Item 11 Page 8 of 39 Contractor of its obligations under this Agreement. No assignment shall release the original parties from their obligations or otherwise constitute a novation. 11.9 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. Violation of any law material to performance of this Agreement shall entitle the City to terminate the Agreement and otherwise pursue its remedies. Further, if the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations Contractor shall be solely responsible for all costs arising therefrom. 11.10 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled. 11.11 INTERPRETATION. 11.11.1 Applicable Law. This Agreement shall be deemed an agreement and shall be governed by and construed in accordance with the laws of the State of California. Contractor agrees that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over all controversies and disputes arising hereunder, and submits to the jurisdiction thereof. 11.11.2 Entire Agreement. This Agreement, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation, and agreements (written or oral). 11.11.3 Written Amendment. This Agreement may only be changed by written amendment executed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect. 11.11.4 Severability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement. Services Agreement Renne Public Policy Group Page 9 of 39 . . Item 11 Page 9 of 39 11.11.5 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Agreement shall strictly prevail. The terms of the City’s Request for Proposals shall control over the Contractor’s Proposal. 11.11.6 Construction. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 11.12 TIME OF ESSENCE. Time is strictly of the essence of this agreement and each and every covenant, term, and provision hereof. 11.13 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity, and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized. 11.14 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach, or any other aspect of this Agreement, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 11.15 NOTICES. Any notice or demand to be given by one party to the other must be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City: City of Vernon Attention: Carlos R. Fandino, Jr. City Administrator 4305 Santa Fe Avenue Vernon, CA 90058 Services Agreement Renne Public Policy Group Page 10 of 39 . . Item 11 Page 10 of 39 If to the Contractor: Renne Public Policy Group Attention: Jon Holtzman, Founding Partner 1127 11th Street, Suite 300 Sacramento, CA 95814 Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 11.16 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right or remedy in, under, or to this Agreement. 11.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Agreement in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Agreement is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 11.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Agreement by written notice to the defaulting party. The notice shall specify the basis for the default. The Agreement shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. In case of default by Contractor, the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional costs incurred due to delay or default as a result of Force Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Agreement as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Agreement. If the Recovery Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force Majeure default, then the City may cancel this order in its entirety at no cost to the City, owing only for goods and services completed to that point. Services Agreement Renne Public Policy Group Page 11 of 39 . . Item 11 Page 11 of 39 11.19 TERMINATION FOR CAUSE. Termination for cause shall relieve the terminating party of further liability or responsibility under this Agreement, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. If this Agreement is terminated as provided herein, City may require, at no additional cost to City, that Contractor provide all finished or unfinished documents, data, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 11.19.1 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 11.20 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Agreement and/or is paying only the amounts to which Contractor is properly entitled under the Agreement or for other purposes relating to the Agreement. The Contractor shall maintain and preserve all such records for a period of at least three (3) years after termination of the Agreement. The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead. 11.21 CONFLICT. Contractor hereby represents, warrants, and certifies that no member, officer, or employee of the Contractor is a director, officer, or employee of the City of Vernon, or a member of any of its boards, commissions, or committees, except to the extent permitted by law. 11.22 HEADINGS. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be Services Agreement Renne Public Policy Group Page 12 of 39 . . Item 11 Page 12 of 39 a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 11.23 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1½ times the basic rate of pay. 11.24 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Agreement, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit “C”. [Signatures Begin on Next Page]. Services Agreement Renne Public Policy Group Page 13 of 39 . . Item 11 Page 13 of 39 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Commencement Date stated on the cover page. City of Vernon, a California charter City and California municipal corporation By: ____________________________ Carlos R. Fandino, Jr., City Administrator Renne Public Policy Group, a California LLP By: Name: Title: ATTEST: _______________________________ Yonnie Parker, Deputy City Clerk By: Name: Title: APPROVED AS TO FORM: _______________________________ Zaynah N. Moussa, City Attorney Services Agreement Renne Public Policy Group Page 14 of 39 Jonathan V. Holtzman Managing Partner . . Item 11 Page 14 of 39 EXHIBIT A CONTRACTOR'S PROPOSAL Services Agreement Renne Public Policy Group Page 15 of 39 . . Item 11 Page 15 of 39 1 PROPOSAL FOR LEGISLATIVE AND REGULATORY ADVOCACY SERVICES CITY OF VERNON Prepared by: Dane Hutchings Managing Director Phone: (916) 974-9270 dhutchings@publicpolicygroup.com Services Agreement Renne Public Policy Group Page 16 of 39 . . Item 11 Page 16 of 39 1 The City of Vernon, Legislative and Regulatory Advocacy Services COVER LETTER March 4, 2024 City of Vernon Attention: Angela Kimmey, Deputy City Administrator 4305 Santa Fe Avenue Vernon, CA 90058 Re: Legislative and Regulatory Advocacy Services Dear Ms. Kimmey: On behalf of Renne Public Law Group, LLP [DBA: Renne Public Policy Group], we are pleased to submit our proposal for Legislative and Regulatory Advocacy Services for the City of Vernon. Renne Public Policy Group (RPPG) is a full-service state lobbying and consulting practice that advocates for the best interests of public entities and those organizations that align with public entities. We do so effectively and efficiently, without compromising on ethics or integrity. R PPG is a division of Renne Public Law Group (RPLG), a law firm that primarily represents local public agencies. RPPG draws from the wisdom of respected former public officials, the knowledge of municipal funding and policy experts, and the tenacity of experienced legislative advocates to provide a uniquely tailored service for your specific needs and goals. We believe we are the best choice for the City of Vernon because our experience with and firsthand knowledge of local agency operations is combined with a diverse team that understands your region and can provide you a critically important seat at the table. Our powerhouse team of legislative, policy, funding, and technical experts is well- positioned with extensive networks in the Capitol and a stellar record of legislative successes. We provide responsive, concierge- level service that will keep you informed and empowered at every step of the way, and our team’s steadfast advocacy and passion for local government are unsurpassed. Services Agreement Renne Public Policy Group Page 17 of 39 . . Item 11 Page 17 of 39 2 The City of Vernon, Legislative and Regulatory Advocacy Services Jon Holtzman Founding Partner Renne Public Law Group, LLP® As detailed further in this proposal, at RPPG we customize our approach to fit your needs, amplify your voice through sustained, timely communications, and comb through the State Budget assessing potential funding prospects. We would anticipate your opport unities and challenges based on our local agency-specific policy experience and advocate for Vernon’s needs with tenacity and grit. In short, we provide our clients with a holistic approach to legislative, political, communications, funding, and operational counsel. We refer to this as our “wraparound service approach.” In addition, we intend to subcontract with Kyra Ross, Principal at Emanuels, Jones and Associates, LLC. Kyra’s direct policy expertise in the areas of electrical utilities and public health complements RPPG’s policy-based, detail-oriented approach. The proposal narrative includes more information about our team’s specific roles and responsibilities. Dane Hutchings, Managing Director, will act as the project supervisor and primary contact for this proposal; he can be reached by phone at (916) 916-230-6935 or e-mail at dhutchings@publicpolicygroup.com. RPPG’s Founding Partner Jon Holtzman has the authority to negotiate on behalf of and bind the firm in an agreement and can be reached at (415) 848 -7200. RPPG will perform the services and adhere to the requirements as described in this RFP. This proposal is valid 90 days from the submittal date. Firm Contact Information Regards, Renne Public Law Group, LLP 350 Sansome Street, Floor 3 San Francisco, CA 94104 (415) 848-7200 Billing will be handled out of the San Francisco office. Renne Public Policy Group 1127 11th Street, Suite 300 Sacramento, CA 95814 (916) 974-9270 All other services will be primarily performed out of the Sacramento office. Dane Hutchings Managing Director Renne Public Policy Group, A Division of Renne Public Law Group, LLP Services Agreement Renne Public Policy Group Page 18 of 39 . . Item 11 Page 18 of 39 3 The City of Vernon, Legislative and Regulatory Advocacy Services INTRODUCTION The RPPG legislative , regulatory and grant advocacy practice area is led by Managing Director Dane Hutchings. He is supported by seasoned legislative advocates Alyssa Silhi and Sharon Gonsalves (proposed co -leads). As detailed further in this proposal, RPPG’s Policy and Strategic advisors support our clients’ overall advocacy strategy by providing unique and experienced perspectives on the real -world impacts of pending legislative, regulatory, and administrative proposals ––leveraging their experience for the betterment of RPPG clients. More details regarding specific roles, responsibilities, and qualifications for each member of the RPPG team are provided in the following sections. GENERAL SCOPE OF WORK The City of Vernon is seeking qualified and talented representation at the state level to serve as its eyes, ears, and voice and successfully advocate on behalf of the City of Vernon and Vernon Public Utilities (VPU). The team selected will be an integral part of the City’s overall advocacy efforts and an important element of the City’s work to engage with key stakeholders of interest. The scope of services requested is robust and requires legislative, regulatory, and administrative advocacy on the full spectrum of legislative and regulatory proposals that could impact the City’s overall operations and public health and utility services. With such a complex issue portfolio, Vernon has unique opportunities to further partner with the State of California as well as potential challenges to meet as the City’s population continues to grow. Our firm’s understanding of the services requested, general approach, and proposed methodologies and strategies needed to achieve them is set forth in this proposal. Agency Understanding: City of Vernon The City of Vernon covers 5.2 square miles located 5 miles south of downtown Los Angeles and prides itself on being a “prime location for business .” The City is primarily composed of industrial areas, with a prevalence of warehouses and meatpacking plants. Despite its relatively small geographical size, the City provides a complex array of in-house services, including water, electric, natural gas , and broadband utility service s through VPU as well as Vernon’s Department of Health and Environmental Control (DHEC). Given its heavy concentration of industrial uses, Vernon ranks in the 98th percentile in CalEnviroScreen with 4.0 for pollution burden. The City has been taking considerable steps to address impacts attributed to climate change , including implementing resilience efforts to mitigate air pollution and nu isance odors and initiating an environmental sustainability action plan study in Spring 2023. With 222 residents as of the 2020 U.S. Census count, Vernon is the second least populous city in California. According to the state Department of Parks and Recreation, 100% of Vernon residents live in areas with less than 3 acres of parks or open space per 1,000 residents. Upon initial review , our assessment is that Vernon qualifies both as a Services Agreement Renne Public Policy Group Page 19 of 39 . . Item 11 Page 19 of 39 4 The City of Vernon, Legislative and Regulatory Advocacy Services disadvantaged community and an AB 1550 low -income community through the California Climate Investments Priority Populations tool. This provides unique opportunities for the City as it continue s to seek regional, state and federal resources . In 2022, Vernon’s leadership launched the Reimagine Vernon initiative to develop a new Westside Specific Plan intended to facilitate new development and adaptive reuse. Based on currently available drafts of the Specific Plan EIR, the proposed zoning reforms will facilitate the development of 874 new residential units —a considerable increase in total city population—and create 360,429 sq. feet of office/research and development and 253,021 sq . feet of production retail. The Specific Plan would decrease Vernon’s industrial footprint by more than 575,000 sq . feet. Vernon receives th e majority of its revenues from a combination of sales taxes, parcel taxes, and utility user taxes ; only 7% of its FY 2023 revenue came from property taxes. Major Challenges and Items of Special Consideration Business Partnerships + General Government: Vernon values local control and the ability to conduct operations in a way that maximizes value to the community, protects infrastructure investments, and strengthens its deep partnerships with its strong industrial base. We have a deep understanding of the policies that are important to shared goals of the City and its trusted partners. This gives Vernon the unique advantage of having a team that can explore opportunities for collaboration while remaining focused on the City’s best interests. With respect to governance, several legislative measures have proposed eroding operational and legal autonomy for local government. From new avenues of litigation to costly new (unfunded) mandates, lawmakers have set their sights on local revenues to fund new mandates and programs. Energy: Vernon Public Utilities (VPU) and California municipal utilities will likely face several challenges related to energy in 2024 and beyond; the first involves ongoing discussions regarding electricity costs. Municipal utilities continue working toward meeting RPS and zero-carbon targets while procuring enough energy and containing costs for ratepayers. Ongoing efforts include discussions with Senate and Assembly legislative leadership and the California Energy Commission on the rapidly increasing costs associated with new renewable energy contracts and the rising costs of Renewable Energy Credits that must be addressed to facilitate our long -term clean energy progress. Ongoing discussions and legislation to build out California’s energy transmission system, including EV charging facilities, will also be a major issue in 2024 Water + Solid Waste: The State continues to seek solutions on many issues of interest to VPU, including water allocation, water quality standards, water conservation, greenhouse gas reduction, and sustainable solid waste disposal practices. Often, these proposals diminish the role of local agencies in the decision-making process and reduce local control. Furthermore, the State often oversaturates compliance and reporting requirements by creating new mechanisms and programs that impose an additional burden on local agencies to provide data or complicate rather than streamlining existing regulatory processes. It will be important for the City’s advocacy Services Agreement Renne Public Policy Group Page 20 of 39 . . Item 11 Page 20 of 39 5 The City of Vernon, Legislative and Regulatory Advocacy Services team to work with the Department to monitor proposals that alter existing regulations and to work to streamline them where appropriate. WORK PLAN The RPPG Strategic Approach Our client service model is unique, particularly when compared with the way most contract governmental affairs firms conduct business. The RPPG brand is founded on delivering superior work product quality and a “white glove” service experience. Our goal is to make you feel like our only client, every time. We are enthusiastic, passionate local government advocates who deliver tenacious representation and consistent, tailored, and timely communication. The art of advancing critical needs on one front while defending local decision -making on another requires an exceptional in -depth understanding of the client’s needs, accompanied by strong personal relationships with key decision -makers. While legislative and regulatory advocacy has many facets, our overarching advocacy strategy and approach is grounded in these principles: Proactive Engagement: Building on a solid foundation of your goals and key messaging, RPPG will continually engage early and often with key decision -makers and like-minded stakeholders throughout the legislative process, during the interim recesses, and between legislative sess ions. This includes consistent communication with your legislative delegation on items of concern and opportunity, as well as proactive engagement with relevant committee chairs, key legislative leaders, consultants, Administration of ficials, and outside advocacy organizations to identify opportunities for a blended advocacy strategy that both enhances and protects your interests. Creative Solutions: The success of advancing legislative or fiscal proposals, negotiating amendments, and mounting a coordinated public affairs campaign when necessary is often determined by the approach taken to achieve results. We avoid one-size-fits-all solutions and instead assess the full landscape for your specific circumstances and needs. This enables us to provide the proper guidance, messaging, and on -the-ground maneuvering that extends well beyond the cookie-cutter solutions frequently provided in California politics. The Ability to Pivot Throughout the Political Process: We have curated a team of strategic operatives with a depth of experience in various policy arenas, from former high -ranking Capitol staff and committee consultants to former elected officials and legislative advocates for the League of California Cities and California Special Districts Association. Our bro ad professional network is collectively leveraged to accomplish our client ’s objectives. Due to our rich and diverse political and professional backg rounds, we have worked on virtually every single issue affecting local jurisdictions at some point in time. We are nimble professionals with the ability to get up to speed quickly on client -specific policy issues and to engage effectively with stakeholders and lawmakers. When one door closes, we are able to find another to open so that we can continue to advance your priorities. Our Services Agreement Renne Public Policy Group Page 21 of 39 . . Item 11 Page 21 of 39 6 The City of Vernon, Legislative and Regulatory Advocacy Services signature work ethic, determination, agility, and solid policy background keep us one step ahead of the opposition, ensuring that your needs and concerns are heard, seen, and successfully advanced within the legislative process. A Tenacious Work Ethic and Passion for Local Government: Advocacy is a field that rewards persistence, experience, and hard work. Each principal at RPPG performs the work as specified in the client contract; we go above and beyond to deliver a customized product based on your individual needs. Our principal staff are local government experts —each comes from local government or has extensive experience successfully engaging in the myriad policies that impact public agencies. We will work to intimately unders tand the challenges facing Vernon and its Department staff and deeply value the critical role you play in your community. This enables us to help develop your distinctive voice, share your story, and advance your goals more efficiently. Effective Communication: At RPPG, we understand you do not merely want to have a voice in Sacramento, but also require that voice to communicate in a manner authentic to your City, accurately reflect ing your priorities and values. We work tremendously hard for our clients because each client who partners with RPPG has placed their trust in us to represent their interests in the state Capitol and also be a reliable messenger of their brand and story. In addition, we provide you with the tools to communicate directly with your Council, community members, and regional partners and stakeholders about how Vernon is using its voice in Sacramento. We achieve this through frequent client contact and consistent accountability, including monthly detailed reports of our activities on your behalf, monthly legislative memos and priority bill lists, and memos detailing significant ben chmarks throughout the year, such as Budget Act updates and legislative deadlines, so that your staff, leaders, and community understand the value of investing in a robust advocacy program. Methodologies We believe in a smart, focused approach to lobbying in Sacramento. Our experience proves that carefully selecting a few top priorities and bringing the best minds to work on them typically bears fruit. We are proud of our dexterity in navigating legislation through the Appropriation and Budget processes, and our well-established professional relationships enable us to call on the legislators and key staff who analyze, debate, and decide the fate of many fiscal bills. We spend significant time meeting with decision-makers and educating legislators about our client’s needs and interests throughout the full spectrum of the policy development process. More specifically, we propose to meet your objectives in the following ways. State Legislative and Regulatory Engagement, Tracking, and Advocacy. RPPG will track, review, and analyze any introduced and amended legislation and advocate on legislation and any State Budget issues impacting Vernon and its Departments, including the VPU and DHEC. We will assist in evaluating proposed legislation and identifying priorities based upon the ir potential impact, and we will consult on and develop strategic documents that include draft policy and regulatory positions, budgetary letters, a priority legislative tracking matrix customized according to your specifications, budget analysis, and background papers to ensure that you are kept informed of Services Agreement Renne Public Policy Group Page 22 of 39 . . Item 11 Page 22 of 39 7 The City of Vernon, Legislative and Regulatory Advocacy Services the latest developments and that your voice is heard by policymakers and stakeholders. In addition, RPPG will assist in developing, drafting, and sponsoring state legislation and amendments needed to advance your goals and priorities. Participate and Advise in Annual Legislative Strategic Planning. Establishing a proactive strategy plays an important role in your overall success. Through a series of “deep dive” meetings, RPPG will work with the City’s staff and leadership to discuss and identify whom to include internally in discussions to determine goals, objectives, opportunities, and challenges related to Vernon’s priorities. We will use this information to develop an annual and multi -year legislative strategic plan that reflects your unique organizational needs. Explore Potential Funding Opportunities, General Fund. With State budget deficits, being projected at close to $80 Billion for FY -24-25, direct General Fund earmarks will be limited if not entirely eliminated in the short term. That is why it is critical that Vernon partner with a team that has a proven track record of securing funding through the Federal Community Project Program, as well as through other federal, state, and regional grant opportunities . Our proposed team is composed of diverse professiona ls who have secured over $265 million in federal, state, and reginal funding in just over the past 4 years alone . We will work with your staff to identify General Fund, community projects and grant opportunities to explore any viable funding opportunity —leaving no stone unturned . (Please note that our team will assist in grant identification as a complementary service offering. Should the City of Vernon wish to enlist our firm for grant writing and research services, this would require an amended scope of work and change in pricing.) Representation. RPPG will represent the City and its Departments at policy-related meetings, conferences, events, regulatory proceedings, legislative hearings, and other appropriate venues to deliver comments and testimony and give you a consistent presence in the Capitol. Frequent, Reliable Communication. Keeping you fully informed is a top priority. Our team will provide regular written and verbal communications and updates to keep Vernon and the VPU up to date on our advocacy efforts, individual tasks, and timeline for meeting milestones. Regular communication between Vernon and our team will also ensure that we are responsive to the direction of your Council and staff throughout the entire State Budget and legislative processes. This will include monthly written policy status and activity reports, along with more in -depth reports and recaps during each major milestone throughout the legislative year (e.g., every budget milestone, bill introduction deadline, house of origin deadline, summer recess, and end of session). We will supplement these reports with an updated legislative matrix and, during the legislative session, a monthly check-in via Zoom with City staff where we will review legislation and brief you on the latest developments. Relationship Building. By the end of 2024, the Legislature will have fully turned over since 2012. This provides an opportunity for Vernon and VPU to establish new relationships both inside and Services Agreement Renne Public Policy Group Page 23 of 39 . . Item 11 Page 23 of 39 8 The City of Vernon, Legislative and Regulatory Advocacy Services outside its legislative delegation. RPPG will build on your presence in Sacramento to assist in further developing robust relationships with legislative leaders, the Administration, key state agencies, staff, and regulatory bodies. We will continue to foster our relationships within your state legislative delegation, the Governor’s Office, California Natural Resources Agency, California Air Resources Board, CalRecycle, State Water Resources Control Board, Department of Water Resources, and other departments and agencies with funding programs, regulations, or initiatives that may intersect with your identified needs and priorities. Our firm will make meeting recommendations, schedule arrangements, and strategize in advance on messaging. This approach ensures that we have laid the groundwork for Vernon’s bill proposals year over year. Educational Tour. Guided by your legislative priorities, RPPG is prepared to conduct an educational tour in the Capitol to drive awareness on the issues of greatest importance to Vernon. This will ensure that the appropriate communication channels with legislative staff and legislators remain open throughout the 2024-2025 legislative session and beyond. Targeted Engagement with Statewide Local Government Association , Trade Association and Local Agency Partners. RPPG has strong contacts and proven working relationships with the League of California Cities, California Contract Cities Association, California Special Districts Association, California Municipal Utilities Association, Southern California Public Power Association, Association of California Water Agencies, California Association of Sanitation Agencies, WateReuse Association, Regional Water Authority, Solid Waste Association of North America–California Chapters, California Product Stewardship Council, California State Association of Counties, Rural Counties Representatives of California, Urban Counties of California, and other statewide and regional advocacy organizations whose interests overlap Vernon’s. These relationships will ensure that we can effectively communicate your policy positions to RPPG’s partners in these associations and agencies—and, when appropriate, incorporate a blended strategy—to achieve success on all matters of import to Vernon and VPU. Other Stakeholder Engagement. To advance your budget and legislative priorities, RPPG will secure the support of potential stakeholders, including identifying, prioritizing, leading outreach efforts to relevant stakeholders, and building and working with related coalitions. Our experience working with organized labor and the business industry will best position the City and to help meet both short- and long-term goals. FPPC. RPPG will file all required forms on behalf of Vernon, including but not limited to forms 602 (annual Lobbying Firm Activity Authorization) and 635 (Report of Lobbyist Employer). QUALIFICATIONS AND EXPERIENCE We recognize that the needs of public agencies differ significantly. While many issues of interest affect all public agencies, RPPG is fluent in the nuances of the policy areas and Services Agreement Renne Public Policy Group Page 24 of 39 . . Item 11 Page 24 of 39 9 The City of Vernon, Legislative and Regulatory Advocacy Services governmental operations that should be monitored and assessed for possible engagement on behalf of the City of Vernon and VPU. The following examples illustrate the accomplishments of the RPPG team members proposed for Vernon. Each example includes a detailed summary of specific work in advancing policy and administrative issues on behalf of our public sector clients throughout California. CLIENT: City of Mountain View Demonstrated Skills: Stopping Detrimental Legislation, Advancing Sponsored Legislation (which included securing an author outside the client’s represented delegation), Strategic Partnerships and Coalition Building, Issue Area Proficiency: Transportation policy. AB 971 (Lee) Vehicles: Transit -Only Traffic Lanes (2023 –2024 Legislative Session) Sponsoring a piece of legislation allows the client to have more ownership throughout the legislative process —as the client will act as the lead in both drafting the proposed policy and leading the negotiations with all stakeholders throughout the entire y ear. Typically speaking, lawmakers representing the client’s jurisdiction would introduce such a proposal; however, when the client requested the bill, the City’s delegation had already committed to other organizations and had reached their respective bill limit for the year. In response, RPPG was able to secure an author outside our client’s legislative delegation despite the author’s not representing the City. AB 971 (Lee, D -Milpitas) supports Mountain View’s efforts in furthering its North Bayshore Preci se Plan by opening up the specific types of mass transit vehicles eligible to use the City’s reversible transit lane project along Shoreline Boulevard (upon project completion). The ability to permit Mountain View’s fare -free transit operation was critical to the City’s ability to meet the required capacity threshold needed to move forward with the project. AB 971 was signed into law. Client Contact: Christina Gilmore, Intergovernmental Relations Manager Phone Number: (650) 903-6215 Email Address: christina.gilmore@mountainview.gov Address: 500 Castro St., Mountain View, CA 94041 Years Performed: 2021-Present (ongoing) CLIENT: Burbank-Glendale -Pasadena Airport Authority (Hollywood Burbank Airport) Demonstrated Skills: Legislative and Executive Advocacy, Strategic Partnerships and Coalition Building; Issue Area Proficiency: Airport Operations, Revenue Generation, Personal Vehicle Sharing AB 893 (Papan) Personal Vehicle Sharing Programs. (Authority Position, Support, 2022–2023 Legislative Session ) AB 893 is a measure that aims to provide equity in the post -airport transit space. This measure applies the same customer facility charges (CFCs) on “personal vehicle sharing programs” Services Agreement Renne Public Policy Group Page 25 of 39 . . Item 11 Page 25 of 39 10 The City of Vernon, Legislative and Regulatory Advocacy Services (e.g., peer-to-peer platforms, Turo, etc.). CFCs are collected to pay for the use of an airport - mandated common use bus or light rail transit system operated for the movement of passengers between the terminal and a consolidated on -airport rental car facil ity. The fees typically pay off the bonded indebtedness incurred by the airport for the construction of the facility. Peer-to-peer platforms claimed that they were not subject either to permitting requirements or CFCs that apply to rental car companies and other forms of transit. The lack of regulation creates an inequitable marketplace. On behalf of Hollywood Burbank Airport, we engaged in support of AB 893. We worked with the California Airports Council, California Labor Federation, California Teamsters P ublic Affairs Council, and others to steer AB 893 through the legislative process. In addition, our team met with the Governor’s legislative staff to convey support —even prior to the measure officially advancing to his desk. This strategy was used to ensure that the Administration did not have any last -minute technical amendments that could have warranted a veto. As a result, AB 893 was signed by Governor Newsom. Client Contact: Pamela Marcello, Legislative Director Phone: (818) 524-3828 Email: pmarcello@Bur.org Address: 2627 N. Hollywood Way, Burbank, CA 91505 Years Performed: 2023 – Present (ongoing) CLIENT: City of Santa Rosa Demonstrated Skills: Strategic Communications, State Budget Advocacy, Issue Area Proficiency: Navigating the State Budget Process (Demonstrated Skills: Strategic Partnerships and Coalition Building, Advocating on Detrimental Legislation; Issue Area Proficiency: Water Resources) SB 1157 (Hertzberg) Urban water use objectives (City Position, Oppose, 2021-2022 Legislative Session ) SB 1157 circumvented a previously agreed -upon legislative package thoughtfully negotiated by impacted stakeholders by incrementally lowering the standard for indoor residential water use to 47 gallons per capita per day (gpcd) starting Jan. 1, 2025, and 42 gpcd beginning Jan. 1, 2030. However, due to the robust advocacy efforts of a broad coalition of stakeholders, which RPPG participated in, the measure was significantly amended several times throughout the process to: • Require the Department of Water Resources (DWR) in coordination with the State Water Resources Control Board (SWRCB) to conduct studies and investigations to assess and quantify the economic benefit and impacts of meeting the 2030 indoor residential use st andard on water, wastewater, and recycled water systems; • Summarize the findings in a report to the Legislature by Jan. 1, 2027; Services Agreement Renne Public Policy Group Page 26 of 39 . . Item 11 Page 26 of 39 11 The City of Vernon, Legislative and Regulatory Advocacy Services • Prohibit enforcement of specified provisions against an urban retail water supplier solely for failing to meet the indoor residential use standard; • Allow DWR and SWRCB to recommend an alternate date for the 2030 standard to take effect if they determine the 2030 indoor residential use standard is likely to unduly impact affordability of water and wastewater services; and • Require DWR to consider whether to recommend additional variances to accommodate unique challenges related to residential indoor water use based on findings for adoption by SWRCB. RPPG represented the City’s interests against SB 1157 as part of a robust coalition of stakeholders led by the Association of California Water Agencies (ACWA). The City remained opposed despite many stakeholder associations taking a neutral position, and R PPG continued efforts with ACWA and a smaller subset of partners to hold the bill, working the Appropriations committees, key legislative leaders, and the Floor. RPPG collaborated with City staff on a coordinated outreach strategy to the City’s delegation, including Senate Majority Leader Mike McGuire. In the process, additional amendments were procured in response to the significant concerns raised surrounding impacts on affordability and feasibility. The City removed its opposition to the measure upon sec uring additional amendments. Client Contact: Scott Alonso, Government Affairs Officer Phone: (707) 543-4624 Email: salonso@srcity.org Address: 637 First Street, Santa Rosa, CA 95404 Year Performed: 2020-Present (ongoing) CLIENT: City of Bakersfield Demonstrated Skills: Monitoring Rule -Making Procedures and Client Communication; Issue Area Proficiency: Regulatory Oversight, Zero -Emission Vehicle Policy Advanced Clean Fleets Regulation (2022–2023 ) Like most local agencies, the City of Bakersfield is significantly impacted by the California Air Resources Board (CARB) Advanced Clean Fleets Regulations. These regulations dictate how private and public fleets will transition to Zero Emission Vehicles (Z EVs) in coming years, in compliance with the climate goals established in Governor Newsom’s Executive Order N -79- 20. The mandate for local government agencies —including cities —begins Jan. 1, 2024, with benchmarks set for compliance thereafter. RPPG monitored the rule -making process for the City, advising on the latest pending developments, comment periods, and potentia l impacts. Once CARB voted to adopt the final regulations, the City could not find a digestible resource that presented the regulatory provisions in an easily understood and accessible manner for the staff who would be required to ensure compliance. In res ponse, RPPG produced a “cheat sheet” document for our clients’ use that distilled the complex 38 -page final ruling Services Agreement Renne Public Policy Group Page 27 of 39 . . Item 11 Page 27 of 39 12 The City of Vernon, Legislative and Regulatory Advocacy Services document into a 9 -page chart for agencies’ easy reference in tracking their progress in the transition to compliance. Client Contact: Anthony Valdez, Assistant to the City Manager Phone: (661) 326-3029 Email: avaldez@bakersfieldCity.us Address: 1600 Truxtun Avenue, Bakersfield, CA 93301 Years Performed: 2021 – Present (ongoing) FEES AND COSTS $15,000.00 Per Month $180,000.00 Annually $5,000.00 (not to exceed annual, travel) Total not-to-exceed: $185,000.000 RPPG proposes a flat monthly retainer fee for all services outlined for both the City of Vernon and the Vernon Public Utilities . This pricing includes all work performed by RPPG primary staff, subcontractors, advisors, operational and administrative support as detailed as well as inclusive of all costs associated with the quarterly filings required by the Fair Political Practices Commission. Please note that the $5,000.00 not -to-exceed annual travel would only be used in connected with client -request travel outside of the Sacramento Metropolitan Region (e.g., air travel, h otel, transportation etc. associated with a requested in-person meeting). No travel -related expenses shall be assessed unless specifically requested and approved by the client. Renne Public Policy Group List of All Current Clients Note: Unless otherwise indicated , all clients listed below are contracted with RPPG for direct State legislative advocacy services (lobbying). • All clients listed with a single asterisk (*) symbol are grant writing only clients. • All clients listed with two asterisks (**) symbol s are combined grant writing and lobbying clients . • All clients listed with a plus (+) symbol are legislative tracking (non-lobbying) clients. California Alliance for Jobs* California Association of Recreation and Parks Districts City Clerks Association of California City of Bakersfield** City of Beaumont** City of Belmont City of Brisbane* City of Carlsbad City of Corona** City of Eastvale City of El Cerrito** Services Agreement Renne Public Policy Group Page 28 of 39 . . Item 11 Page 28 of 39 13 The City of Vernon, Legislative and Regulatory Advocacy Services City of Foster City City of Greenfield* City of Hidden Hills+ City of Merced City of Morgan Hill* City of Mountain View** City of Rancho Cucamonga** City of Rancho Palo s Verdes City of Redwood City** City of Roseville Environmental Utilities Dept. City of San Bernardino* City of Santa Rosa** City of Westlake Village+ Hollywood Burbank Airport Authority Housing Authority of San Bernardino* San Bernardino Community College District* YMCA Silicon Valley* Town of Hillsboroug h Current Client List for RPPG Subcontractor: Emanuels Jones & Associates, LLC Capito l Area Development Authority City of Burbank City of Coronado City of Glendale City of Los Angeles+ City of Pasadena City of San Marcos City of Solana Beach City of Stockton San Raf ael/Marin County Council of Mayors & Council Members Town of Mammoth Lakes Town of Truckee Navigating Conflicts (RPPG’s Formal Policy) For the most part, the interest s of local government s typically align. However, from time to time, issues may arise that split the interest s of local government s. At RPPG, we pride ourselves on finding ways to balance the interest s of our client s regardless of the issue. Should one client take a formal position on legislation that may conflict with another client’s adopted position, we evaluate the nature of the conflict with each client and, if appropriate, our firm implements the following process. 1. Clear and Timely Communication of the Actual or Perceived Conflict: As soon as we are aware of the potential conflict, we immediately inform client or clients. The issue or issues in question are assigned to a single RPPG lobbyist and dedicated support team. 2. Ethical Wall Formed: All communication with respect to legislative activity, strategy or any active direct or indirect advocacy efforts on the matter at hand are immediately “walled off” from one another until such time that the matter has resolved. 3. Short -Term Issue-Specific Subcontractor: In the event that after the steps above have been enacted and the City is not satisfied, our firm would be open to exploring other options that may provide the City with more assurance , including identifying and retaining a suitable subcontractor on a short -term basis specific to the singular issue at no additional cost to the City until the matter is resolved. To date, no client has ever felt the need to request this action. Note: Our proposal includes a reputable subcontractor who is qualified to represent Vernon’s interests of the City. Services Agreement Renne Public Policy Group Page 29 of 39 . . Item 11 Page 29 of 39 14 The City of Vernon, Legislative and Regulatory Advocacy Services ABILITY OF THE PROPOSER TO PERFORM Lobbying Team (Primary Staff) Dane Hutchings, Managing Director APPLICABLE EXPERIENCE: AT A GLANCE • Over 15 years of legislative advocacy and public affairs experience representing various business and local government entities • Former Legislative Representative and Federal Policy Liaison, League of California Cities • Strong relationships with key legislative, administrative, and executive branch officials • Registered lobbyist with the State of California; B.A. in Public Affairs, California State University, Sacramento; M.P.P., New England College For over 15 years, Dane Hutchings has been advocating for the best interests of both public and private entities. He is a seasoned legislative advocate and political strategist with a keen understanding of the California political process and landscape. As Managing Director of RPPG, Dane has successfully advanced policies for clients in several areas of importance including natural resources, land use, revenue and taxation, homelessness, and emergency response. Dane is located in Sacramento. He has demonstrated success in effectively navigating the State Budget process to secure millions in one-time earmarks for RPPG clients. Recently, Dane — with support from the RPPG team — secured $15 million in the FY23 -24 State Budget, despite historic de ficits. In 2022, he secured nearly $40 million in one -time funding for RPPG clients. Prior to launching RPPG in 2019, Dane worked for the League of California Cities . As a Legislative Representative and Federal Policy Liaison , he acted as the key strategist, advisor, and advocate on issues including labor relations policies, privacy and technology, governmental transparency, the Brown Act, workers’ compensation, and other issues related to local government operations. As the Fede ral Policy Liaison, Dane worked across multiple policy areas of importance to local government, including public safety, infrastructure, housing, and environmental policy. In conjunction with the National League of Cities, Dane advocated for increased HUD funding for the State Community Development Block Grant funding and other federal programs that local agencies rely upon. While at the California Grocers Association, Dane represented over 300 members in the retail food and supplier industry. He specialized in labor and employment, healthcare, retail food and general business issues. Dane worked directly with local government al bodies, staff and their organizations on local and statewide policies that ensured continuity for his clients while preserving local government authority. Services Agreement Renne Public Policy Group Page 30 of 39 . . Item 11 Page 30 of 39 15 The City of Vernon, Legislative and Regulatory Advocacy Services Dane’s direct experience in public affairs provides a distinctive approach on how an effective issue-based “inside -outside” communications/advocacy strategy can support legislative priorities by providing political cover for legislators as well as the Gove rnor’s office. Dane spent 4 years working as an Account Executive and Government Relations Advocate at Ogilvy—a premier and influential multi -national public affairs and advocacy firm. Dane engaged in multiple issue -based campaigns specifically designed to support legislative strategies for private sector clients in the industrial, energy and automotive sectors. In 2011, Dane was asked to join the crisis communications team for Mexico’s Secretaria De Turismo, working with national and international publications, private companies, and government officials to drive key economic development, travel and trade goals . Alyssa Silhi, Director of Government Affairs APPLICABLE EXPERIENCE: AT A GLANCE • Over 15 years of governmental affairs and public relations experience • Former Legislative Representative, California Special Districts Association • Strong background in natural resources and environmental policy • Former elected Council Member and Special District Board Member • Registered lobbyist with the State of California; B.A. in both English and Communications, University of California, Davis Alyssa has been advancing statewide policies for the public good for over 15 years . She is a proven strategist with a reputation for balancing tenacity and effectiveness with strong ethics and skillful communication to get the job done. Alyssa is located in Sacramento. As an experienced former City Council Member and Air Pollution Control District Board Member, Alyssa has firsthand insight into the mechanisms of operating and maintaining reliable and regulatorily compliant municipal utility services. She brings this keen understanding of the nuances of local agency operations to her work in advocating on issues of importance to public agencies . Prior to joining RPPG in early 2022, Alyssa was a Legislative Representative for the California Special Districts Association (CSDA), where she was the lead advocate and strategist on policy and fiscal proposals related to utility services – including solid waste and recycling, water, wastewater, and water quality – and environmental policy, emergency response and preparedness, public works, and public contracting. While at CSDA, Alyssa successfully navigated the politics of the State Budget process to secure a cumulative $1.42 billion in state funding, including $20 million in Public Safety Power Shutoff state grant funds for special districts with critical infrastructur e and $100 million in COVID -19 funding relief for impacted districts. She played a critical role in the coalition that Services Agreement Renne Public Policy Group Page 31 of 39 . . Item 11 Page 31 of 39 16 The City of Vernon, Legislative and Regulatory Advocacy Services secured utility arrearage relief, resulting in $1 billion for water and wastewater services and nearly $300 million for publicly owned utilities. Sharon Gonsalves , Director of Government Affairs APPLICABLE EXPERIENCE: AT A GLANCE • Over 15 years of legislative advocacy and Capitol staff experience • Strong policy background in natural resources and water issues • Proven track record in advising clients on the successful procurement of federal and state grant funding • Skilled in successfully navigating the State Budget process • Registered lobbyist with the State of California; B.A. in Communications Studies, California State University, Monterey Sharon has spent her career advocating for legislative and funding priorities of municipalities throughout California and brings over 15 years of state legislative and Capitol staff experience to the RPPG team. She has a stellar track record of leveraging her strong relationships in the Capitol, Administration, and key government agencies to advance her clients’ goals. Her expertise covers the policy sectors of natural resources and water, both as a former legislative staff member and legislative advocate. Sharon is located in Sacramento. Having spent nearly a decade working in both houses of the Legislature, Sharon has a unique understanding of and experience in navigating California’s complex budget process. This has proved critical when advocating for increased funding for conservation e fforts and other environmental protections through the State Budget process, Cap and Trade, and bond -related legislation. She is adept in leveraging her relationships in the Legislature to secure State Budget earmarks for her clients. Prior to joining RPPG in 2020, Sharon was a Senior Associate at Townsend Public Affairs representing local public agency clients, specializing in those from California’s severely disadvantaged regions. She has helped secure millions of dollars for critical infrastructure and public safety improvements. In that position, Sharon worked on behalf of her most disadvantaged clients to secure the passage of SB 200, the Safe and Affordable Drinking Water Fund (Monning) [Chapter 120, Statutes of 2019], which requires the annual transfer of 5 per-cent of the Greenhouse Gas Reduction Fund (GGRF) into the Fund until June 30, 2030. On behalf of the City of Turlock, Sharon lobbied the Administration, Legislature, and state and federal agencies on the North Valley Regional Recycled Water Project (NVRRWP) and the Stanislaus Regional Water Authority (SRWA). Her efforts included coordinat ing multiple advocacy trips to meet with key members of the Administration’s cabinet, members of both legislative houses, committee staff, and members of State Water Resources Control Board (SWRCB) to increase support and discuss funding opportunities. As a result, she was able to secure $4.3 million from the Bureau of Reclamation for the NVRRWP and $30 million for SRWA through Proposition 68 in 2018. Services Agreement Renne Public Policy Group Page 32 of 39 . . Item 11 Page 32 of 39 17 The City of Vernon, Legislative and Regulatory Advocacy Services Sharon has utilized the relationships she has built over the years in her work advocating on behalf of public agencies. Under Governor Newsom’s Administration, she works frequently with key policy advisors in state agencies, including the Natural Resources Agency and California Air Resources Board (CARB). Kyra Emanuels Ross — President of Emanuels Jones & Associates (RPPG Subcontractor) APPLICABLE EXPERIENCE: AT A GLANCE • Over 25 years of legislative advocacy and Capitol staff experience • Former Chief Consultant , Assembly Natural Resources Committee • Policy Expertise in the areas of Utilities, Environment, and Public Health • Skilled in successfully navigating the State Budget process • Registered lobbyist with the State of California; B.A. Political Science, University of California, Davis Kyra is President of the lobbying firm Emanuels Jones & Associates. She joined the EJ&A team in 2012, bringing a wealth of local government, energy and climate policy knowledge as well as significant Capitol and State Agency experience. She has over 25 years of experience working in the State legislative, budget, and regulatory environment s. Kyra began her career in the Legislature, serving over a decade in the Assembly. During that time, she was the Chief Consultant to the Assembly Natural Resources Committee, where she was responsible for the daily work and policy setting for the Assembly on environmental issues, focusing primarily on waste, energy, and climate. Kyra was involved with the drafting and analysis of major climate -related bills, including AB 32 (2006). She also served as Senior Legislative Representative for the League of California Cities. During that time, Kyra was the lead lobbyist dealing with environmental and community services issue s, including air quality, climate change, cap -and-trade, energy, CEQA, water supply, water quality, and hazardous and solid waste, and more. Since 2012, Kyra has served as the principal lobbyist, and now President of Emanuels Jones & Associates. Over the past decade, she has been instrumental in securing more than $500 million in state funding and grants for clients. Her work includes helping clients navigate the state legislative and annual State Budget process, obtaining grants through state agencies and bonds, and navigating the state regulatory process. Kyra has been vital in client legislative success es. She played an instrumental role in procuring legislation to provide injunctive relief under CEQA for a new entertainment sports complex ; establishing a regional housing trust fund along with a $23 million S tate Budget appropriation to provide funding for affordable housing ; and successfully lobbying the state for one -time funding to procure a $3 million helicopter for a major city. RPPG (Non-Lobbying) Advisory Team Dan Carrigg — Senior Policy and Strategic Advisor , Economic Development Services Agreement Renne Public Policy Group Page 33 of 39 . . Item 11 Page 33 of 39 18 The City of Vernon, Legislative and Regulatory Advocacy Services APPLICABLE EXPERIENCE: AT A GLANCE • 30 years of legislative advocacy experience • 25 years of specifically advocating for local government , including specializing in economic development policy • Former Deputy Executive Director, League of California Cities • Strong relationships with agency officials and legislators • Seasoned legislative advocate and expert in California’s legislative, political, and budget processes Dan Carrigg is a political consultant and thought leader in California public policy directly impacting local government. With wide -ranging experience in legislative analysis, strategy, and advocacy, and an excellent reputation for hard work, Dan spent nea rly 25 years with the League of California Cities , beginning as the League’s housing and land use lobbyist, and holding increasingly responsible advocacy roles including Legislative Director and Deputy Executive Director. Until retiring from the League in October 2019, Dan supervised its legislative and public affairs program, developed policy, managed its legislative and public affairs teams, drafted and reviewed legislation, reviewed and analyzed ballot measures, and testified before the Legislature. He works remotely. Dan offers RPPG clients a deep policy background and strong political acumen across a vast spectrum of issues that impact public agencies , including areas of revenue, taxation, and local economic development. Throughout his career, Dan has worked on many high-profile issues, including representing the League as part of the transportation coalition to pass SB 1 (Beall) [Chapter 5, Statutes of 2017). Later, he advocated to secure revenue for local governments in Prop 1B, the 2006 transportation bond, and defeat a legislative effort to take nearly $1 billion in city and county road maintenance funds. Prior to his work with the League, Dan drew on his background in construction to represent the Department of General Services and the Division of the State Architect on state real estate, construction, and public contracting from 1996 -1998. Bruce Rudd — Senior Policy and Strategic Advisor , Local Agency Operations APPLICABLE EXPERIENCE: AT A GLANCE • 40+ years of Local Agency Expertise • Policy expertise in the areas of, public utility services including water, wastewater, recycled water, stormwater, and solid waste . • Extensive experience in water, environmental, and infrastructure policy • B.S. in Business Administration, University of Phoenix Services Agreement Renne Public Policy Group Page 34 of 39 . . Item 11 Page 34 of 39 19 The City of Vernon, Legislative and Regulatory Advocacy Services Bruce Rudd is a policy and technical strategic advisor, following 42 years of public service with the City of Fresno, a full -service city. During that time, he served as the City Manager, Assistant City Manager, Director of Transportation, Interim Director of Parks and Recreation, a Board Member for the Fresno Economic Development Corporation, and a Policy Advisory Board Member for the County of Fresno Council of Governments. Bruce works remotely. Prior to joining the City Manager’s Office in 2005, Bruce served as Fresno’s Director of Transportation (1998 -2005); and possesses an extensive background and understanding of state and federal transportation programs and grants. One of his responsibilitie s as an Assistant City Manager was to oversee the City’s Public Works, Transportation and Airport departments, which he continued to perform as City Manager. While serving as Assistant City Manager and City Manager, Bruce was involved in a number of projects, programs, and policies related to the manner in which water, wastewater, and solid waste services were funded and provided. These included “Recharge Fresn o,” a $430 million program that was needed to support the City’s need to transition from groundwater to sustainable surface water through the construction of a new $250 million, 80 -million gallon per day surface water treatment plant, and other related cap ital investments. He was also instrumental in negotiating a new surface water conveyance agreement with the Fresno Irrigation District and restructuring the City’s existing debt, including that of the City’s Public Utilities Department, result ing in a $1 million reduction in annual debt service payments and long-term borrowing costs as none of the debt was extended beyond previous maturity dates. During his career, Bruce has been responsible for writing and/or administering numerous federal, state, and local grant programs that have been successfully used to fund a variety of capital investments. His intimate understanding of municipal government also provides acute insight as to how changes in legislation or regulations can impact the costs of and/or manner in which services are provided to the public, specifically with respect to utility operations. Jake Whitaker – Director of Grant Services APPLICABLE EXPERIENCE: AT A GLANCE • Certificated grant writer with over $90 million in funding secured and 42 successful proposals developed in partnership with municipal governments, county governments, institutions of higher education, and nonprofits • Member of the Grant Professionals Association • 8 years of experience working in local government • 4 years of experience as a local government elected official Jake’s exceptional ability to tell the story of public agencies and nonprofits produces successful and highly competitive grant applications. These awards include a wide range of various project types: transportation infrastructure, water system improvemen t, economic development, public safety and victim service programs, urban greening, wildfire mitigation, higher education programs, and transitional housing and homelessness service programs. Services Agreement Renne Public Policy Group Page 35 of 39 . . Item 11 Page 35 of 39 20 The City of Vernon, Legislative and Regulatory Advocacy Services In 2021, he joined RPPG’s team to build a grant writing practice augmenting the firm’s service offerings, providing a highly individualized, client -centric consulting service. Jake served on the Woodland Joint Unified School District’s Board of Trustees for four years. His experience as a member of a public agency’s governing board, coupled with his experience as a public agency staffer, give Jake the rare ability to support syn ergy between the governance team’s goals and staff priorities in building a cohesive grant -seeking effort. Jake is fluent in submitting applications through grants.gov, JustGrants (Dept. of Justice), the FEMA GO Grants Portal, the System for Online Application Review (SOAR, used by CNRA), Submittable (used by OGALS), FastLane (used by NSF), My AmeriCorps, and v arious portal systems commonly used by philanthropic organizations. He has experience preparing SF -424s and other federal forms, maintaining active registration status in SAM.gov, and applying the regulations outlined in 2 CFR Part 170 (commonly referred t o as the OMB “Super Circular”). Administrative and Legislative Support RPPG has a robust operational and administrative support team. To adhere to RFP page limits, we ask that you visit our website to see our full team. Services Agreement Renne Public Policy Group Page 36 of 39 . . Item 11 Page 36 of 39 March 2013 AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) _______________________________________________________________, being first duly sworn deposes and says that he/she is ______________________________________________________________________ (Insert "Sole Owner", "Partner", "President, "Secretary", or other proper title) of______________________________________________________________________________________ (Insert name of bidder) who submits herewith to the City of Vernon a bid/proposal; That all statements of fact in such bid/proposal are true; That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; That such bid/proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or anyone else interested in the proposed contract; and further That prior to the public opening and reading of bids/proposals, said bidder: a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal; b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from bidding or withdraw his/her bid/proposal; c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid/proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his/her bid/proposal price, or of that of anyone else; d. Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except the City of Vernon, or to any person or persons who have a partnership or other financial interest with said bidder in his/her business. I certify under penalty of perjury that the above information is correct By:______________________________________ Title:________________________________ Date:____________________________________ City of Vernon Legislative and Regulatory Advocacy Services Request for Proposals Page 13 of 34 ____________________________________________________________________________Managing Partner 2/27/2024 Jonathan V. Holtzman Managing Partner Renne Public Policy Group Services Agreement Renne Public Policy Group Page 37 of 39 . . Item 11 Page 37 of 39 EXHIBIT B FEES AND COSTS Retainer: $12,000 Per Month Travel reimbursement: up to $5,000 annually Annual total not-to-exceed: $149,000 Monthly retainer: Contractor will receive a flat monthly retainer fee for all services outlined for both the City and the Vernon Public Utilities. This pricing includes all work performed by Contractor primary staff, subcontractors, advisors, operational and administrative support as set forth in Contractor’s proposal and inclusive of all costs associated with the quarterly filings required by the Fair Political Practices Commission. Travel reimbursement: Any travel-related expenses must be approved by the City in writing and in advance. The $5,000.00 annual travel budget shall only be used in connection with client- requested travel outside of the Sacramento Metropolitan Region (e.g., air travel, hotel, transportation etc. associated with a requested in-person meeting). No travel-related expenses shall be assessed unless specifically requested and approved by the City. Services Agreement Renne Public Policy Group Page 38 of 39 . . Item 11 Page 38 of 39 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. Services Agreement Renne Public Policy Group Page 39 of 39 . . Item 11 Page 39 of 39