Resolution No. 2012-132RESOLUTION NO. 2012-132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ACCEPTING THE BID OF CANNON CORPORATION AND
APPROVING AND AUTHORIZING THE EXECUTION OF A
SERVICES AGREEMENT BY AND BETWEEN THE CITY OF
VERNON AND CANNON CORPORATION FOR THE ENGINEERED
DESIGN OF A TEMPORARY CLOSED WATER SYSTEM, ELEVATED
TANK STANDPIPE REPAIR AND TECHNICAL SUPPORT
SERVICES
WHEREAS, on January 3, 2012, the City Council of the City of
Vernon adopted Resolution No. 2012711 authorizing the issuance of a
request for proposals for the engineered design of a temporary closed
water system, elevated tank standpipe repair and technical support
services (the "Services"); and
WHEREAS, by a memorandum dated June 20, 2012, the Director
of Community Services & Water has recommended that the City accept the
bid of Cannon Corporation ("Cannon") and enter into a services
agreement, effective July 9, 2012, with Cannon setting forth the terms
and conditions under which Cannon will perform the Work (the
"Agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement with Cannon Corporation, a copy of which is
attached hereto as Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for,
and on behalf of, the City of Vernon and the City Clerk, or Deputy
City Clerk, is hereby authorized to attest thereto.
SECTION.4: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send a fully
executed Agreement to:
Cannon Corporation
Attention: J. Eric Porkert, P.E.
3420 Ocean Park Blvd., Suite 3040
Santa Monica, CA 90405
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 17th day of July, 2012.
Name: William J. Davis
Title:.'/ Mayor Pro-Tem
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2012-132, was duly passed, approved and adopted by the City
Council of the City of Vernon at a regular meeting of the City Council
duly held on Tuesday, July 17, 2012, and thereafter was duly signed by
the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this -9- day of July, 2012, at Vernon, California.
(SEAL)
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EXHIBIT A
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND CANNON
CORPORATION FOR THE ENGINEERED DESIGN OF A TEMPORARY CLOSED
WATER SYSTEM, ELEVATED TANK STANDPIPE REPAIR AND TECHNICAL
SUPPORT SERVICES
Contractor:
Responsible Principal of Contractor:
Notice Information - Contractor:
Notice Information - City:
Commencement Date:
Termination Date:
Consideration:
Records Retention Period
COVER PAGE
Cannon Corporation
J. Eric Porkert, P.E.
General Manager/Senior Principal Engineer
Cannon Corporation
3420 Ocean Park Blvd., Ste. 3040
Santa Monica, CA 90405
Attention: J. Eric Porkert, P.E.
Phone: (310) 664-1166
Facsimile: (310) 664-8877
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Kevin Wilson, Director of
Community Services & Water
Telephone: (323) 583-8811 ext. 245
Facsimile: (323) 826-1435
July 9, 2012
July 9, 2013, unless extended pursuant to
Section 1
Total not to exceed $56,445.00 (includes all
applicable sales tax); and more particularly
described in Exhibit B
Three (3) years
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND CANNON
CORPORATION FOR THE ENGINEERED DESIGN OF A TEMPORARY CLOSED
WATER SYSTEM, ELEVATED TANK STANDPIPE REPAIR AND TECHNICAL
SUPPORT SERVICES
THIS AGREEMENT is made and entered into as of July 9, 2012, ("Effective Date"), by and
between the City of Vernon, a California charter City and California municipal corporation
("City"), and Cannon Corporation, a California corporation ("Contractor"). City and Contractor
are collectively referred to herein as the "Parties."
RECITALS
A. City desires to have certain consulting services for the preparation of design
specifications and technical support services for the repair of the Elevated Tank standpipe, as
more fully set forth in the Scope of Services, attached hereto and incorporated herein as
Exhibit A.
B. Contractor represents it is qualified and capable of furnishing the labor, materials,
and expertise necessary to perform such services in accordance with the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Term and Time of Performance.
(a) This Agreement shall commence upon the Commencement Date listed
on the Cover Page, and shall remain and continue in effect through the Termination Date listed
on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City
may renew this Agreement on a year-to-year basis at its discretion.
(b) In the event that City renews this Agreement, Contractor may submit a.
proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent
to renew. Any increase in rates must be approved by City before such increase can take effect.
If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may
terminate the renewal by giving thirty (30) days written notice.
Section 2. Performance.
(a) Contractor shall perform the services and tasks described and set forth in
the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed
upon in writing signed by both Parties prior to performance of those additional services.
(b) Contractor shall at all times faithfully, competently and to the best of its
ability, experience, and talent, perform all Services under this Agreement in accordance with the
standard of care and skill ordinarily exercised by members of the profession currently practicing
in the same locality as the City under similar circumstances and in a manner reasonably
satisfactory to City. Contractor shall at all times comply with the highest ethical standards when
performing Services for the City.
(c) Contractor shall keep itself informed of all local, state, and federal
ordinances, laws and regulations which in any manner affect those employed by it or in any way
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affect the performance of its.Services pursuant to this Agreement. Contractor shall at all times
observe and comply with all such ordinances, laws and regulations. City, and its officers,
officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by
failure of Contractor to comply with this section.
(d) Contractor will not be compensated for any work performed not specified
in Exhibit A unless City authorizes such work in advance and in writing.
Section 3. Compensation.
(a) City agrees to compensate Contractor, and Contractor agrees to accept
in full satisfaction for the services and any supplies or goods required by this Agreement, a sum
not to exceed the Consideration set forth on the Cover Page and more particularly described in
Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services
as well as for all actual and necessary expenditures reasonably incurred in the performance of
this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery,
tax, assembly, and installation, as applicable).
(b) There shall be no claims for additional compensation for reimbursable
expenses and Contractor shall not be reimbursed for any additional expenses.
(c) Change in the scope of services, duties, obligations, durations or total
compensation, shall be by written authorization only by the City. A form of Change Order is set
forth in Exhibit C attached hereto and incorporated by reference.
Section 4. Method of Payment. City shall pay Contractor the Consideration in
accordance with the Cost Schedule set forth in Exhibit B.
Section 5. Responsible Principals.
(a) Contractor's Responsible Principal set forth on the Cover Page shall be
principally responsible for Contractor's obligations under this Agreement and shall serve as
principal liaison between City and Contractor. Designation of another Responsible Principal by
Contractor shall not be made without prior written consent of City.
(b) City's Responsible Principal shall be the City Administrator or his
designee who shall administer the terms of the Agreement on behalf of City.
Section 6. Personnel.
(a) All persons performing Services shall have all the necessary technical
expertise, permits, professional licenses, certificates, training, and other qualifications required
by this Agreement or other applicable laws. Contractor shall provide City with said permits,
licenses, and certificates at the request of City.
(b) Contractor represents that it has, or shall secure at its own expense, all
personnel required to perform Contractor's Services under this Agreement. All personnel
engaged in the work shall be qualified to perform such Services.
Section 7. Permits and Licenses. Contractor shall obtain and maintain during the
Agreement term all necessary licenses, permits and certificates required by law for the provision
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of services under this Agreement, including a business license. Except as provided herein
below, Contractor shall obtain and pay for all permits and licenses required by federal, state or
local law, rule or regulation. Costs for obtaining City licenses and permits required under this
Agreement shall be waived.
Section 8. Access. Contractor shall comply with all reasonable access and other
restrictions that City may impose. No access to City property for performance of the Services
shall be permitted prior to delivery to City of proof of insurance paid and maintained by
Contractor.
Section 9. Contractor's Duties and Representations.
Contractor represents, covenants and agrees as follows:
(a) There are no obligations, commitments, or impediments of any kind that
will limit or prevent performance of the Services.
(b) Contractor presently has no interest and shall not have any interest, direct
or indirect, which would conflict in any manner with the performance of the Services
contemplated by this Agreement. No person having any such interest shall be employed by or
be associated with Contractor.
(c) There is no litigation pending against Contractor and Contractor is not the
subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to
its actual knowledge, have been convicted of a felony.
Section 10. Independent Contractor.
(a) Contractor is and shall at all times remain, as to City, a wholly
independent contractor. The personnel performing the Services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, officials, employees, agents, or volunteers shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in
this Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees, or agents are in any manner officers, officials, employees, agents, or
volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or
liability whatsoever against City, or bind City in any manner.
(b) No employee benefits shall be available to Contractor or its officers,
employees, or agents in connection with the performance of this Agreement. Except for
Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries,
wages, or other compensation to Contractor for performing services hereunder for the City. City
shall not be liable for compensation or indemnification to Contractor or its officers, employees,
or agents for injury or sickness arising out of performing services hereunder.
(c) Contractor agrees to pay and be responsible for paying all Federal, State
and local taxes for compensation received by Contractor from City while performing services for
City.
Section 11. Termination.
(a) Termination Right. City may, at any time, for any reason or for no reason,
with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5)
calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise.
(b) In the event of termination or cancellation of this Agreement by City, due
to no fault or failure of performance by Contractor, Contractor shall be paid based on the
percentage of work satisfactorily performed at the time of termination. In no event shall
Contractor be entitled to receive more than the amount that would be paid to Contractor for the
full performance of the services required by this Agreement. Contractor shall have no other
claim against City by reason of such termination, including any claim for compensation.
(c) Actions Subsequent to Termination. In the event of termination of this
Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below,
to City within thirty (30) days after the termination of this Agreement. Contractor shall also take
all such other action as City reasonably requires and shall cooperate with City to effectuate an
orderly and systematic termination of Contractor's duties and activities hereunder.
(d) All of the terms and conditions in the Agreement related to payment,
confidentiality, indemnification, dispute resolution and waiver shall survive termination of this
Agreement.
Section 12. Limitation of City's Liability. City's liability on any kind of claim for any
loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no
case exceed the amountthat would be paid to Contractor for the full performance of the
services required by this Agreement. In no event shall City be liable for anticipated profits or for
incidental, consequential or punitive damages. City shall not be liable for penalties of any
description.
Section 13. Confidential Status; Disclosure of Information.
(a) Confidential Status; Disclosure of Information. All data, customer
information, business practices, business methods, privileged information, trade secrets,
financial statements, floor plans, designs, blueprints, maps, surveys, drawings, models, reports,
correspondence, logs, documents, materials or other information developed or created by
Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the
performance of this Agreement ("Confidential Information") are deemed confidential and shall
not be disclosed by Contractor to any third party without City's prior written consent. City
reserves all rights to Confidential Information. City shall grant consent if disclosure is.legally
required. All Confidential Information shall be returned to City upon completion or termination of
this Agreement. Contractor's covenant under this section shall survive the termination of this
Agreement. City may disclose to third parties any Confidential Information at its sole discretion.
(b) Contractor's obligation not to disclose any Confidential Information shall
not extend to information that:
i. was in the possession of, or was rightfully known by, the
Contractor without an obligation to maintain its confidentiality prior to receipt from City;
this Agreement; ii, is or becomes generally known to the public without violation of
iii. is obtained without an obligation of confidentiality by the
Contractor in good faith from a third party having the right to disclose it without an obligation of
confidentiality; or
iv. information which is required to be disclosed•pursuant to any court
order or directive having the force of law.
Agreement. (c) The provisions of this section shall survive the termination of this
Section 14. Technical Materials. City reserves all rights to any and all tools, dies,
patterns, plates or other similar technical materials furnished or paid for by City, and Contractor
shall use such materials in strict confidentiality and shall return the same to City at its request
upon completion or termination of this Agreement. Contractor shall not copy or otherwise use
any such materials for any purposes other than the completion of this Agreement. Contractor's
covenant under this section shall survive the termination of this Agreement.
Section 15. Records and Inspections. Contractor shall maintain full and accurate
records with respect to all matters covered under this Agreement for Records Retention Period.
City shall have access, without charge, during normal business hours to such records, and the
right to examine and audit the same and to make copies and transcripts therefrom, and to
inspect all program data, documents, proceedings and activities.
Section 16. Default. Contractor's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Contractor is in default under the terms
of this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to Contractor.
Section 17. Indemnification. Contractor agrees to defend, indemnify, protect and hold
harmless City, its officers, officials, employees, agents, and volunteers from and against any
and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties,
fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and
expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or
omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise
out of, result from, or are in any way related to the performance or non-performance of this
Agreement, excepting only liability arising out of the sole negligence or willful misconduct of
City, its officers, officials, employees, agents, or volunteers.
THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND
SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION.
The obligations in this section are in addition to Contractor's duty to provide insurance and shall
not be limited by any limitation on the amount or type of insurance coverage carried by
Contractor.
Section 18. Insurance.
(a) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
(b) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability
insurance covering personal injury and property damage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by
Contractor or Contractor's officers, employees, or agents in performing the services required by
this Agreement.
(c) Contractor agrees to maintain in force at all times during the, performance
of work under this Agreement worker$ compensation insurance as required by law.
(d) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with
minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit,
and provide policy coverage and terms at least as broad as those required in the primary
insurance.
(e) Contractor shall at all times during the term of this Agreement carry,
maintain and keep in full force and effect, a policy or policies of Professional Liability Insurance,
with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single
limit, and provide policy coverage and terms at least as broad as those required in the primary
insurance.
(f) Contractor shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement.
(g) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+; VII in the latest
edition of Best's Insurance Guide.
(h) Contractor agrees that if it does not keep the aforesaid insurance in full
force and effect City may either immediately terminate this Agreement or, if insurance is
available at a reasonable cost, City may take out the necessary insurance and pay, at
Contractor's expense, the premium thereon.
(i) At all times during the term of this Agreement, Contractor shall maintain
on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, along with a copy of the policy declarations page for each policy
showing that the aforesaid policies are in effect in the required amounts. Upon request by City,
Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing
that the coverage and policy endorsements required under this Agreement are maintained in
force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk
Manager, such certificate or certificates and a copy of the policy declarations page for each
policy. The policies of insurance required by this Agreement shall contain an additional insured
endorsement naming the City, its officers, officials, employees, agents, and volunteers as
insured's. All of the policies required under this Agreement shall contain an endorsement
providing that the policies cannot be canceled or reduced except on thirty (30) days prior written
notice to City, and specifically stating that the coverage contained in the policies affords
insurance pursuant to the terms and conditions as set forth in this Agreement.
(i) . The insurance provided by Contractor shall be primary to any coverage
available to City, and any insurance or self-insurance maintained by City, its officers, officials,
employees, agents, or volunteers shall be excess of Contractor's insurance and shall not
contribute with it. The policies of insurance required by this Agreement shall include provisions
for waiver of subrogation. Contractor hereby waives all rights of subrogation against City, its
officers, officials, employees, agents, and volunteers.
(k) Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, Contractor shall either reduce or eliminate the
deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond
guaranteeing payment of losses and expenses.
Section 19. Certification. In accordance with the provisions of Section 3700 of the
Labor Code, Contractor shall secure the payment of compensation to Contractor's employees.
By executing this Agreement, Contractor certifies the following: Contractor is aware of the
provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and Contractor will comply with such provisions before commencing the
performance of the work of this Agreement.
Section 20. Standard Specifications. The work done pursuant to this Agreement shall
be done in accordance with the provisions of the most current edition of "Standard
Specifications for Public Works Construction" (commonly known as 'the Green Book") including
Supplements, prepared and promulgated by the Southern California Chapter of the American
Public Works Association and the Associated General Contractors of California, which
specifications are hereinafter referred to as the "Standard Specifications." The provisions of
these Standard Specifications shall apply to the work performed under this Agreement, unless
different standards are specified in Exhibit A or agreed to in writing by the City.
Section 21. Compliance with Laws. Contractor shall keep itself informed of and
comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the
Occupational Safety and Health Act and all those Applicable Laws relating in any way to
employment practices and protection of the environment. Contractor shall not discriminate
against any employee or any applicant for employment for reasons of race, color, creed,
religion, sex, sexual preference, age or.national origin. For purposes of this section, "Applicable
Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees,
permits, approvals or other applicable requirements of any governmental entity or agency
having jurisdiction that are applicable to any aspect of this Agreement that are in force on the
Effective Date and as they may be enacted, issued or amended during the term of this
Agreement.
Section 22. 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
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more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation
of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid
to the City; provided, however, work performed by employees of contractors in excess of 8
hours per day, and 40 hours during any one week, shall be permitted upon compensation for all
hours worked in excess of 8 hours per day at not less than 1�/2 times the basic rate of pay.
Living Wages. In addition, Contractor, or Subcontractor, if any, working
on City service contracts of any amount, as to all employees spending time on City contracts
shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City
contracts. The Current Living Wage Standards are set forth in Exhibit D. Upon request,
certified payroll shall be provided to the City.
Section 23. Materials and Workmanship. City shall have the right to inspect any
material used. Material furnished shall be new, complete, ready -for -use and of the latest model,
shall not have been used in demonstration or other services and shall have all the usual
equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise
specified. Equipment, supplies or services that fail to comply with the Agreement requirements
regarding design, material or workmanship may be rejected at the option of City. Any materials
rejected shall be removed from City premises at the Contractor's sole expense.
Section 24. Assignment of Unfair Business Practices. Contractor and its
subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes
of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2.of Division 7 of the
Business and Professions Code), arising from purchases of goods, services, or materials
pursuant to the public works contract or the subcontract. This assignment shall be made and
become effective at the time City tenders final payment to Contractor, without further
acknowledgment by the parties.
Section 25. Assignment and Subcontracting. Contractor shall not assign or attempt to
assign any portion of this Agreement, or subcontract any required performance hereunder,
without the prior Written approval of City. Any assignment or subcontract made in violation of
this section is invalid and void. In the event City grants written approval to Contractor to
subcontract work under this Agreement, Contractor is prohibited from using a subcontractor who
is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of
the Labor Code.
Section 26. Arbitration and Venue. Any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this Agreement to arbitrate,
shall be determined by arbitration in Los Angeles, California. The arbitration shall be
administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The
arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the
arbitrator shall provide written reasons for their decision. The arbitration decision shall be final
and binding on the Parties. Judgment on the award may be entered in any court having
jurisdiction pursuant to this Agreement. Notwithstanding the foregoing, the parties shall be
permitted to access the court system to enforce any arbitration award. The exclusive
jurisdiction and venue under this Agreement shall be the Superior Court of California, Los
Angeles County.
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Section 27. Attorneys Fees. In the event a dispute, claim or litigation arises regarding
this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys
fees and actual costs, which may be set by the arbitrators or the court in the same action or in a
separate action brought for that purpose, in addition to any other relief which is obtained.
Section 28, Governing Law. This Agreement shall be interpreted and enforced
according to, and the Parties rights and obligations governed by, the domestic law of the State
of California, without regard to its laws regarding choice of applicable law.
Section 29. Entire Agreement and Modifications. This Agreement, including
attachments incorporated herein by reference, represents the entire integrated agreement and
understanding between the Parties, and supersedes all prior or contemporaneous negotiations,
representations, agreements, understandings and statements, written or oral. This Agreement
may only be modified in writing and signed by both Parties.
Section 30. Waiver. The waiver by either party of a breach or default by the other
party shall not be deemed a waiver of any different or later breach whether of the same or other
covenant or condition; nor shall any delay or omission by either party to exercise any right it
may have hereunder operate as a waiver of any breach or default of such a right. The failure of
either party to this Agreement to exercise any of its rights under this Agreement does not
constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of
any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed
by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
Section 31, Force Maieure. Neither parry shall be considered in default of any of its
obligations under this Agreement when a failure of performance shall be due to an
uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire,
lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal
action, statute, ordinance, or regulation, embargoes of the United States Government or any
other government, which by exercise of due diligence such party could not reasonably have
been expected to avoid and by exercise of due diligence has been unable to overcome. Either
party rendered unable to fulfill any of its obligations under this Agreement by reason of an
uncontrollable force shall give written notice within five (5) business days of such fact to the
other party and shall exercise due diligence to remove such inability with all reasonable
dispatch.
Section 32. City Not Oblioated to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor. City shall timely notify Contractor of
the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its
reasonable costs incurred in providing the notification required by section.
Section 33. Notices. All notices, approvals, consents and other communications
between the Parties shall be in writing, and shall be sent by certified mail (return receipt
requested) or other delivery service which provides evidence of delivery, using the address set
forth on the Cover Page under "Notice Information - City' or "Notice Information — Vendor," as
appropriate, or at such other address as may be furnished by either party to the other in writing.
Mailed notices will be deemed communicated as of the day of receipt.
Section 34. Cover Page and Exhibits. The Cover Page and all documents referenced
as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any
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material discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 35. Headings. Headings used in this Agreement are for convenience and
ease of reference only and shall not affect the interpretation of the Agreement.
Section 36. Survival of Terms. All of the terms and conditions in this Agreement
related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive
termination of this Agreement.
Section 37. Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be valid under applicable law. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and
shall in no way be affected, impaired or invalidated.
Section 38. Authority to Execute This Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to
the performance of its obligations under this Agreement.
[Signatures Begin on Next Page].
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IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter City
and California municipal corporation
0
Cannon ratio California corporation
By:
William Davis, Name: MICIA-r-U F C.LINOiJ
Mt�= Mayor Pro-Tem Title: ?Ra"ID6NT
ATTEST:
Willard G. Yamaguchi, City Clerk
APPROVED AS TO FORM:
Willard G. Yamaguchi,
Chief Deputy.City Attorney
am
Namc
Title: SEA�
12
EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Contractor shall perform the services described in the proposal dated February 14, 2012, on
behalf of the City. A copy of the Scope of Services provided for in the proposal is attached
hereto and incorporated by reference.
City of Vernon
Engineered Design of a Temporary Closed Water System,
Elevated Tank Standpipe Repair & Technical Support Services
Approach and Scope of Work
The City's RFP provides a detailed list of requested
services for this project. We have organized these
services into two phases: Design and Construction.
Phase I. Design
• Preliminary Engineering Services
• Design and Construction Document Services
• Bidding Support Services
Phase II. Construction Support Services
• Construction Contract Management
Phase I. Design
Task 1. Project Kickoff
Task 1.1 Project Kickoff Meetina
We will orchestrate and attend a Project Kick-off
Meeting with City staff. The meeting agenda will
focus on project understanding, team involvement,
and project constraints. This meeting will also
include a project introduction, review of background
information and project scope, discussion of the City's
material preferences, and an overview of the project
schedule. This meeting represents a key opportunity
for representatives from the City to steer the Project
Team and further clarify critical elements of the
project scope.
Task 1.2 Site Visit and Detailed Investigation
This task will include the following:
• Collect relevant information with Project Team and
City staff
• Perform site visit / field reconnaissance
• Gather all existing site information that will be
relevant to the design of the project
• Perform testing of bypass relief valves with the
help of City staff
Section II
IasK 1.3 Records Review and Svstem Evaluation
Much of the information for this project has been
made available in Addendum No. 1 of this RFP.
Harper & Associates Engineering, Inc. has prepared
a number of reports and is intimately familiar with
the repairs required for the tank. In addition to these
reports, we will meet with City staff to obtain any
additional information that is available that relates to
this project. Several different options are available to
create a closed pumping system, and plans related to
the pumping and distribution system will be obtained
to assist in the preparation of the Technical Report.
Task 1.4 Utility Search (Underground and Overhead)
Cannon will coordinate with the City and other utility
companies to obtain pertinent operations, record
drawing information of all utilities within the project
area including water, sewer storm drain, gas, electric
and cable telephone. We have assumed the all
as-built/record data provided and obtained by the
City and all other utilities companies are complete,
accurate and provided in a timely manner.
Task 1.5 Hydraulic Analysis
To verify if the proposed closed system pumping
option will work, we will run a few different pumping
options in the City -provided functional hydraulic
model of the City's water system. We will generate a
system curve which will serve as a tool to select the
Optimum temporary pump(s) for the project.
City of Vernon
Engineered Design of a Temporary Closed Water System,
Elevated Tank Standpipe Repair & Technical Support Services
Task 1.5 Prepare a Preliminary Technical Reoort
The Preliminary Technical Report will include the
following:
• Closed distribution system options
• Summarize hydraulic calculations and present the
system curve calculations
• Standpipe repair options
• Summary of Utility Research and obstacles
• Discuss electrical and SCADA design implications
• Discuss the advantages and disadvantages of
proposed options
• Prepare a preliminary Opinion of Construction Cost
based on recently completed projects and current
projects under construction
_Task 1.7 Preliminary Technical Reoort Review
Meeting
We will meet with City staff to review the comments
and revisions for the Preliminary Technical Report.
We will then and make a determination on the
selected option to pursue for the design plans for the
project.
Task 1.8 Final Technical Reaort
We will [incorporate City staff comments and submit
a final Technical Report, which will summarize the
selected design for the project.
Task 1.9 Project Management
The project willrequire project setup, scheduling,
controlling, and correspondence between the City
and subcontractors. Correspondence includes
telephone conversations, emails, project meetings
and status reports, and project memorandums.
Additionally, project management will include
monthly meetings and detailed invoices.
Section II
Task 2. Design and Construction Document Services
Task 2.1 Preaare and submit construction desian
documents (60%)
Based on the findings and results of the previous
tasks, we will prepare and submit design plan
packages at the 60% approximate completion level
for the tank standpipe repair and the temporary
closed system. The design plan package will include
the title sheet notes, plans and profile sheets, detail
sheets, and technical specifications. Design plans
will be prepared in accordance with project required
standards. Technical Specifications and Special
Provisions will be started using and referencing the
City's standard boilerplate specifications.
Task 2.2 60% Desian Review Meeting
We will attend a design review meeting to discuss
the City's comments on the 60% design submittal
package. These comments will be incorporated into
the design of the project and steer the direction of
thefor subsequent submittals.
Task 2.3 Prepare and submit construction desian
documents (90%)
Based on the comments received during the 60%
plan check meeting, we will prepare updated plans
corresponding to the 90%completion level. These
plans will contain detailed information on the design,
and serve as a last chancefinai opportunity for the
City to make comments or modifications to the
design. At this time we will also review and comment
on the City's technical specifications and how it
relates to the components required for this project.
If detailed information is required to supplement
the plans for the equipment required, we will revise
or add additional information to clarify what will
be expected of the contractor during construction.
A detailed cost estimate and bid items list will be
provided based on the facilities included in this
submittal as well.
City of Vernon
Engineered Design of a Temporary Closed Water System,
Elevated Tank Standpipe Repair & Technical Support Services
Task 2.4 909,6' Design Review Meeting
We will attend a design review meeting to discuss the
City's final comments on the 90% submittal package.
These comments will be incorporated into the final
design of the project.
Task 2.5 NPDES and BMP's
During the design phase, we will plan for the
preparation of the National Pollutant Discharge
Elimination System (NPDES) discharge plan and
Best Management Practices (BMPs).. We will
initiate the preparation of these and preliminarily
research discharge locations for any water that will
be encountered during construction. Since each
contractor may have different proposed methods
of construction, the responsibility will lie on the
contractor to prepare the final plan and obtain
approval for these prior to construction. The
requirements and preliminary plan will be outlined in
the specifications for ease of use.
Task 2.6 Regulatory Permitting
We will coordinate and determine the required
permits for the project. Considering the working
relationships currently in place between the City and
other agencies, we will request the City's involvement
with the permitting process. This will also reduce the
review and processing time.
Task 2.7 Prepare and submit constructfon design
documents (Final)
Based on the finalized project design issues resolved
during the preceding tasks, we will prepare and
submit a Final Construction Documents Bid package
for the project. This submittal package will contain
complete construction plans, technical specifications,
known permit conditions, and an Opinion of Probable
Construction Costs. Final plans will incorporate
comments from the City's review of the 90% Design
Plan package. Bid documents will be prepared in the
City's standard format. We will provide electronic
copies and three hard copy sets of the complete bid
package to the City.
Section II
Tosk 2.8 Presentation to City Council
We will attend one meeting with the City Council
to present the final scope of work for the project to
obtain approval for construction. Our presentation
will include project scope, estimated construction
costs, proposed schedules, anticipated downtime,
and efforts taken to minimize disruption to the
community.
Task 3.'Bidding Support Services
Task 3.1 Pre -Bid Conference
We will serve as an extension of City staff to assist
advertising the project and attend a pre -bid site
meeting with the interested contractors. Prior to the
pre -bid conference, we will develop a list of qualified
contractors from whom to solicit proposals, with the
intention of receiving at least four or five responsive
bids.
Task 3.2 Respond to Bidder Questions
During bidding, we will take field questions from
contractors, assist in issuing addenda, and respond
to RFis as required. This task will serve as an
opportunity to be sure the contractors understand
the overall intent of the project.
Task 3.3 Evaluation of Bids
We will complete a tabulated bid review matrix of all
responsive bids. This matrix will provide an objective
review of received bids to select the best value
(lowest cost for services offered) responsive bidder.
This will assist the City in evaluating proposals and
selecting proposal evaluation and selection of the
contractor.
City of Vernon
Engineered Design of a Temporary Closed Water System,
Elevated Tank Standpipe Repair & Technical Support Services
PHASE II. Construction
We will provide the City with construction contract
management services during the construction phase
of the project. Support includes the following listed
services. The work hours assumed for each task are
based on our previous project experience with similar
projects. The actual time required may vary based
on the selected contractor and the requested level of
involvement. Based on our experience, the estimated
construction period is 120 days. This takes into
account the submittal review process and lead time
for equipment to arrive on site. The actual duration
of construction may only between 1-2 months.
Task 4. Contract Management
Task 4.1 Participate in Job Walk with Construction
Team(s), Attend Meetings and Site Visits
We will attend a pre -construction meeting and job
walk with the selected contractor, City staff, and
other appropriate utility agency representatives.
This meeting will allow an opportunity for thorough
review of the project plans, compliance requirements,
and construction schedule, prior to the start of
work. At critical points of design we will make site
visits and will attend the startup and testing. For this
proposal, we have assumed a weekly site visit during
construction.
Task 4.2 Process RFIs and RFCs
Processing of requests for information (RFIs) and
requests for clarification (RFCs) are vital for keeping
the project on schedule and to minimize Contractor
claims for additional monies based upon project
delays. RFIs and RFCs received from the Contractor
will be reviewed and responses returned to the
Contractor within 7 working days unless required
otherwise.
Section II
Task 4.3 Review Chonae Orders and Progress
Payments
We will coordinate efforts regarding change orders
and progress payments submitted by the Contractor.
Change order submittals will include supporting
documentation. We will consider the project progress
and schedule, and will prepare a recommendation for
approval or rejection. Activities for this task include
the following:
• Compile change order supporting documentation,
such as inspection reports, test reports, drawings,
sketches, photographs, and other materials as
required;
• Evaluate impacts of the proposed change on the
Contractor's schedule and operations; prepare
a written response summarizing the anticipated
impact of the proposed change;
• Evaluate price proposals submitted by the
Contractor for reasonableness and accuracy of
rates unit prices, construction quantities, and
schedule impacts;.and
• Maintain a change order log for organizing change
order proposals through the review and approval
process.
City of Vernon
Engineered Design of a Temporary Closed Water System,
Elevated Tank Standpipe Repair & Technical Support Services
Task 4.4 Process Project Submittals and Operotions
and Maintenance Manuals
We will review all Contractor submittals for
completeness and approve them in compliance with
project construction documents. Submittals will
then be distributed to each involved party. The final
approved submittal will be identified and one copy of
each of these submittals will be kept available at the
project site. We will prepare a special specification
section that outlines the Contractor's responsibility in
the preparation of the Operations and Maintenance
Manuals, and ensure they are easy for the City to use.
Task 4.5 As -Built Drowinas and Final Report
We will review the Contractor's set of as -built
drawings on a bi-weekly basis and confirm their
maintenance and completeness. The field sets
will note all field adjustments, change orders and
manufacturer changes (where applicable). All data
collected during construction will be compiled
in a Final Report that will serve as a record of all
changes made to the plans and specifications during
construction. This will also include all submittals,
RFIs, RFCs, COs, and any other data pertinent to the
completion of the project.
Specific Work Products
Cannon will provide hard copies and electronic
copies of all final project deliverables. The main
deliverables will include: Construction Drawings,
Technical Specifications, Opinion of Probable Cost.
One printed set of final specifications stamped and
signed by a California registered engineer will also be
provided. Anticipated deliverables are summarized in
the following table:
Section II
Su4mltlaf
Clty o4 Vernon
OIBers'.
60%
3 Bond copies of Plans
Three (3) Bond copies of Plans
90%
3 Bond copies of Plans and Specifications
Three (3) Bond copies of Plans
Final
3 Bond copies of Plans and Specifications; One (1)
Mylar copy of Plans; and One (.1) CD of Plans,
Specifications, and project flies.
Three (3) Bond copies of Plans
EXHIBIT B
EXHIBIT B
FEES
Contractor shall be paid an amount not to exceed $56,445.00 to perform the Services described
in Exhibit A in accordance with the Cost Schedule, a copy of which is attached hereto and
incorporated as referenced.
Invoices shall include the period for which Services were provided, the dates of such Services,
and a description of the Services provided for that billing period. Each invoice shall include
copies of timesheets and other supporting documents as City may require.
Payments of each invoice shall be made by City within thirty (30) days following receipt of each
invoice as to all non -disputed fees. If City disputes any of Contractor's fees, it shall give written
notice to Contractor within thirty (30) days of receipt of the disputed invoices. Any amounts in
dispute shall be withheld until resolution.
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EXHIBIT C
::7:lam
CHANGE ORDER
Exhibit C
CITY OF VERNON
COMMUNITY SERVICES & WATER DEPARTMENT
CONTRACT CHANGE ORDER NO.
PROJECT:
TO:
REQUESTED BY:
SUPPLEMENT NO. _ SHEET _ OF SHEETS
of Vernon
P.O. NO.
CONTRACTOR
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work
not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and
conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally
inchtdrd in thr cnntrarl
Contract Amount (Base Bid)
...............................................
$
Amount of This Change Order
I .............................................
$
Amount of Previous Change OrdersI .........................................
$
Total Change OrdersI
................... ...............
I...................
$
Modified Contract Amount
$
By reason of this change order the time of
completion will be adjusted as follows:
Approved:
Date:
Director of Community Services & Water
Attest:
Date:
Willard Yamaguchi, City Clerk
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all
labor, equipment and materials, including overbead, except as may otherwise be noted above, and
perform all services necessary for the work above specified, and
will accept as full payment therefore the prices shown above.
Accepted Date: Contractor:
By: Title:
-- - --- ------------- -._.._...e Rev. 03/10
EXHIBIT D
EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Living Wages:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour
with health benefits, or $11.55 per hour without health benefits.
Paid and Unpaid Days Off:
Employers provide qualifying employees at least twelve compensated days off per year for sick
leave, vacation, or personal necessity, and an additional ten days a year of uncompensated
time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to
the employer's compliance with the living wage ordinance. Employees may bring an action in
Superior Court against an employer for back pay, treble damages for willful violations, and
attorney's fees, or to compel City officials to terminate the service contract of violating
employers.
TR I
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
July 23, 2012
Cannon Corporation
Attn: J. Eric Porkert, P.E.
3420 Ocean Park Blvd., Suite 3040
Santa Monica, CA 90405
RE: Services Agreement for the Engineered Design of A Temporary Closed Water System,
Elevated Tank Standpipe Repair and Technical Support Services
Dear Mr. Porkert:
The insurance requirements have been met. Transmitted herewith is a fully executed original
agreement as referenced above, approved by City Council on July 17, 2012, through Resolution
No. 2012-132.
If you have any questions, please contact Scott Rigg at (323) 583-8811 extension 279.
Thank you.
Enclosure
WGY:dj
c: Scott Rigg
S. Kevin Wilson
Purchasing Department
Resolution No. 2012-132
Agreement File No. 12-069
Ex-cfusivefy Industriaf
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND CANNON
CORPORATION FOR THE ENGINEERED DESIGN OF A TEMPORARY CLOSED
WATER SYSTEM, ELEVATED TANK STANDPIPE REPAIR AND TECHNICAL
SUPPORT SERVICES
Contractor:
Responsible Principal of Contractor:
Notice Information - Contractor:
Notice Information - City:
Commencement Date:
Termination Date:
Consideration:
COVER PAGE
Cannon Corporation
J. Eric Porkert, P.E.
General Manager/Senior Principal Engineer
Cannon Corporation
3420 Ocean Park Blvd., Ste. 3040
Santa Monica, CA 90405
Attention: J. Eric Porkert, P.E.
Phone: (310) 664-1166
Facsimile: (310) 664-8877
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Kevin Wilson, Director of
Community Services & Water
Telephone: (323) 583-8811 ext. 245
Facsimile: (323) 826-1435
July 9, 2012
July 9, 2013, unless extended pursuant to
Section 1
Total not to exceed $56,445.00 (includes all
applicable sales tax); and more particularly
described in Exhibit B
Records Retention Period Three (3) years
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND CANNON
CORPORATION FOR THE ENGINEERED DESIGN OF A TEMPORARY CLOSED
WATER SYSTEM, ELEVATED TANK STANDPIPE REPAIR AND TECHNICAL
SUPPORT SERVICES
THIS AGREEMENT is made and entered into as of July 9. 2012, ("Effective Date"), by and
between the City of Vernon, a California charter City and California municipal corporation
("City"), and Cannon Corporation, a California corporation ("Contractor"). City and Contractor
are collectively referred to herein as the "Parties"
RECITALS
A. City desires to have certain consulting services for the preparation of design
specifications and technical support services for the repair of the Elevated Tank standpipe, as
more fully set forth in the Scope of Services, attached hereto and incorporated herein as
Exhibit A.
B. Contractor represents it is qualified and capable of furnishing the labor, materials,
and expertise necessary to perform such services in accordance with the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Term and Time of Performance.
(a) This Agreement shall commence upon the Commencement Date listed
on the Cover Page, and shall remain and continue in effect through the Termination Date listed
on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City
may renew this Agreement on a year-to-year basis at its discretion.
(b) In the event that City renews this Agreement, Contractor may submit a.
proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent
to renew. Any increase in rates must be approved by City before such increase can take effect.
If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may
terminate the renewal by giving thirty (30) days written notice.
Section 2. Performance.
(a) Contractor shall perform the services and tasks described and set forth in
the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed
upon in writing signed by both Parties prior to performance of those additional services.
(b) Contractor shall at all times faithfully, competently and to the best of its
ability, experience, and talent, perform all Services under this Agreement in accordance with the
standard of care and skill ordinarily exercised by members of the profession currently practicing
in the same locality as the City under similar circumstances and in a manner reasonably
satisfactory to City. Contractor shall at all times comply with the highest ethical standards when
performing Services for the City.
(c) Contractor shall keep itself informed of all local, state, and federal
ordinances, laws and regulations which in any manner affect those employed by it or in any way
2
affect the performance of its.Services pursuant to this Agreement. Contractor shall at all times
observe and comply with all such ordinances, laws and regulations. City, and its officers,
officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by
failure of Contractor to comply with this section.
(d) Contractor will not be compensated for any work performed not specified
in Exhibit A unless City authorizes such work in advance and in writing.
Section 3. Compensation.
(a) City agrees to compensate Contractor, and Contractor agrees to accept
in full satisfaction for the services and any supplies or goods required by this Agreement, a sum
not to exceed the Consideration set forth on the Cover Page and more particularly described in
Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services
as well as for all actual and necessary expenditures reasonably incurred in the performance of
this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery,
tax, assembly, and installation, as applicable).
(b) There shall be no claims for additional compensation for reimbursable
expenses and Contractor shall not be reimbursed for any additional expenses.
(c) Change in the scope of services, duties, obligations, durations or total
compensation, shall be by written authorization only by the City. A form of Change Order is set
forth in Exhibit C attached hereto and incorporated by reference.
Section 4. Method of Payment. City shall pay Contractor the Consideration in
accordance with the Cost Schedule set forth in Exhibit B.
Section 5. Responsible Principals.
(a) Contractor's Responsible Principal set forth on the Cover Page shall be
principally responsible for Contractor's obligations under this Agreement and shall serve as
principal liaison between City and Contractor. Designation of another Responsible Principal by
Contractor shall not be made without prior written consent of City.
(b) City's Responsible Principal shall be the City Administrator or his
designee who shall administer the terms of the Agreement on behalf of City.
Section 6. Personnel.
(a) All persons performing Services shall have all the necessary technical
expertise, permits, professional licenses, certificates, training, and other qualifications required
by this Agreement or other applicable laws. Contractor shall provide City with said permits,
licenses, and certificates at the request of City.
(b) Contractor represents that it has, or shall secure at its own expense, all
personnel required to perform Contractor's Services under this Agreement. All personnel
engaged in the work shall be qualified to perform such Services.
Section 7. Permits and Licenses. Contractor shall obtain and maintain during the
Agreement term all necessary licenses, permits and certificates required by law for the provision
of services under this Agreement, including a business license. Except as provided herein
below, Contractor shall obtain and pay for all permits and licenses required by federal, state or
local law, rule or regulation. Costs for obtaining City licenses and permits required under this
Agreement shall be waived.
Section 8. Access. Contractor shall comply with all reasonable access and other
restrictions that City may impose. No access to City property for performance of the Services
shall be permitted prior to delivery to City of proof of insurance paid and maintained by
Contractor.
Section 9. Contractor's Duties and Representations.
Contractor represents, covenants and agrees as follows:
(a) There are no obligations, commitments, or impediments of any kind that
will limit or prevent performance of the Services.
(b) Contractor presently has no interest and shall not have any interest, direct
or indirect, which would conflict in any manner with the performance of the Services
contemplated by this Agreement. No person having any such interest shall be employed by or
be associated with Contractor.
(c) There is no litigation pending against Contractor and Contractor is not the
subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to
its actual knowledge, have been convicted of a felony.
Section 10. Independent Contractor.
(a) Contractor is and shall at all times remain, as to City, a wholly
independent contractor. The personnel performing the Services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, officials, employees, agents, or volunteers shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in
this Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees, or agents are in any manner officers, officials, employees, agents, or
volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or
liability whatsoever against City, or bind City in any manner.
(b) No employee benefits shall be available to Contractor or its officers,
employees, or agents in connection with the performance of this Agreement. Except for
Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries,
wages, or other compensation to Contractor for performing services hereunder for the City. City
shall not be liable for compensation or indemnification to Contractor or its officers, employees,
or agents for injury or sickness arising out of performing services hereunder.
(c) Contractor agrees to pay and be responsible for paying all Federal, State
and local taxes for compensation received by Contractor from City while performing services for
City.
V.
Section 11. Termination.
(a) Termination Right. City may, at any time, for any reason or for no reason,
with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5)
calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise.
(b) In the event of termination or cancellation of this Agreement by City, due
to no fault or failure of performance by Contractor, Contractor shall be paid based on the
percentage of work satisfactorily performed at the time of termination. In no event shall
Contractor be entitled to receive more than the amount that would be paid to Contractor for the
full performance of the services required by this Agreement. Contractor shall have no other
claim against City by reason of such termination, including any claim for compensation.
(c) Actions Subsequent to Termination. In the event of termination of this
Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below,
to City within thirty (30) days after the termination of this Agreement. Contractor shall also take
all such other action as City reasonably requires and shall cooperate with City to effectuate an
orderly and systematic termination of Contractor's duties and activities hereunder.
(d) All of the terms and conditions in the Agreement related to payment,
confidentiality, indemnification, dispute resolution and waiver shall survive termination of this
Agreement.
Section 12. Limitation of City's Liability. City's liability on any kind of claim for any
loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no
case exceed the amount. that would be paid to Contractor for the full performance of the
services required by this Agreement. In no event shall City be liable for anticipated profits or for
incidental, consequential or punitive damages. City shall not be liable for penalties of any
description.
Section 13. Confidential Status: Disclosure of Information.
(a) Confidential Status; Disclosure of Information. All data, customer
information, business practices, business methods, privileged information, trade secrets,
financial statements, floor plans, designs, blueprints, maps, surveys, drawings, models, reports,
correspondence, logs, documents, materials or other information developed or created by
Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the
performance of this Agreement ("Confidential Information") are deemed confidential and shall
not be disclosed by Contractor to any third party without City's prior written consent. City
reserves all rights to Confidential Information. City shall grant consent if disclosure is legally
required. All Confidential Information shall be returned to City upon completion or termination of
this Agreement. Contractor's covenant under this section shall survive the termination of this
Agreement. City may disclose to third parties any Confidential Information at its sole discretion.
(b) Contractor's obligation not to disclose any Confidential Information shall
not extend to information that:
I. was in the possession of, or was rightfully known by, the
Contractor without an obligation to maintain its confidentiality prior to receipt from City;
ii. is or becomes generally known to the public without violation of
this Agreement;
iii. is obtained without an obligation of confidentiality by the
Contractor in good faith from a third party having the right to disclose it without an obligation of
confidentiality; or
iv. information which is required to be disclosed pursuant to any court
order or directive having the force of law.
(c) The provisions of this section shall survive the termination of this
Agreement.
Section 14. Technical Materials. City reserves all rights to any and all tools, dies,
patterns, plates or other similar technical materials furnished or paid for by City, and Contractor
shall use such materials in strict confidentiality and shall return the same to City at its request
upon completion or termination of this Agreement. Contractor shall not copy or otherwise use
any such materials for any purposes other than the completion of this Agreement. Contractor's
covenant under this section shall survive the termination of this Agreement.
Section 15. Records and Inspections. Contractor shall maintain full and accurate
records with respect to all matters covered under this Agreement for Records Retention Period.
City shall have access,.without charge, during normal business hours to such records, and the
right to examine and audit the same and to make copies and transcripts therefrom, and to
inspect all program data, documents, proceedings and activities.
Section 16. Default. Contractor's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Contractor is in default under the terms
of this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to Contractor.
Section 17. Indemnification. Contractor agrees to defend, indemnify, protect and hold
harmless City, its officers, officials, employees, agents, and volunteers from and against any
and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties,
fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and
expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or
omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise
out of, result from, or are in any way related to the performance or non-performance of this
Agreement, excepting only liability arising out of the sole negligence or willful misconduct of
City, its officers, officials, employees, agents, or volunteers.
THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL
SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND
SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION.
The obligations in this section are in addition to Contractor's duty to provide insurance and shall
not be limited by any limitation on the amount or type of insurance coverage carried by
Contractor.
Section 18. Insurance.
(a) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
(b) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability
insurance covering personal injury and property damage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by
Contractor or Contractor's officers, employees, or agents in performing the services required by
this Agreement.
(c) Contractor agrees to maintain in force at all times during the performance
of work under this Agreement workerq compensation insurance as required by law.
(d) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with
minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit,
and provide policy coverage and terms at least as broad as those required in the primary
insurance.
(e) Contractor shall at all times during the term of this Agreement carry,
maintain and keep in full force and effect, a policy or policies of Professional Liability Insurance,
with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single
limit, and provide policy coverage and terms at least as broad as those required in the primary
insurance.
(f) Contractor shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement.
(g) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+; VII in the latest
edition of Best's Insurance Guide.
(h) Contractor agrees that if it does not keep the aforesaid insurance in full
force and effect City may either immediately terminate this Agreement or, if insurance is
available at a reasonable cost, City may take out the necessary insurance and pay, at
Contractor's expense, the premium thereon.
(i) At all times during the term of this Agreement, Contractor shall maintain
on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, along with a copy of the policy declarations page for each policy
showing that the aforesaid policies are in effect in the required amounts. Upon request by City,
Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing
that the coverage and policy endorsements required under this Agreement are maintained in
force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk
Manager, such certificate or certificates and a copy of the policy declarations page for each
policy. The policies of insurance required by this Agreement shall contain an additional insured
endorsement naming the City, its officers, officials, employees, agents, and volunteers as
insured's. All of the policies required under this Agreement shall contain an endorsement
providing that the policies cannot be canceled or reduced except on thirty (30) days prior written
notice to City, and specifically stating that the coverage contained in the policies affords
insurance pursuant to the terms and conditions as set forth in this Agreement.
Q) The insurance provided by Contractor shall be primary to any coverage
available to City, and any insurance or self-insurance maintained by City, its officers, officials,
employees, agents, or volunteers shall be excess of Contractor's insurance and shall not
contribute with it. The policies of insurance required by this Agreement shall include provisions
for waiver of subrogation. Contractor hereby waives all rights of subrogation against City, its
officers, officials, employees, agents, and volunteers.
(k) Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, Contractor shall either reduce or eliminate the
deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond
guaranteeing payment of losses and expenses.
Section 19. Certification. In accordance with the provisions of Section 3700 of the
Labor Code, Contractor shall secure the payment of compensation to Contractor's employees.
By executing this Agreement, Contractor certifies the following: Contractor is aware of the
provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and Contractor will comply with such provisions before commencing the
performance of the work of this Agreement.
Section 20. Standard Specifications. The work done pursuant to this Agreement shall
be done in accordance with the provisions of the most current edition of "Standard
Specifications for Public Works Construction" (commonly known as "the Green Book") including
Supplements, prepared and promulgated by the Southern California Chapter of the American
Public Works Association and the Associated General Contractors of California, which
specifications are hereinafter referred to as the "Standard Specifications:' The provisions of
these Standard Specifications shall apply to the work performed under this Agreement, unless
different standards are specified in Exhibit A or agreed to in writing by the City.
Section 21. Compliance with Laws. Contractor shall keep itself informed of and
comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the
Occupational Safety and Health Act and all those Applicable Laws relating in any way to
employment practices and protection of the environment. Contractor shall not discriminate
against any employee or any applicant for employment for reasons of race, color, creed,
religion, sex, sexual preference, age or.national origin. For purposes of this section, "Applicable
Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees,
permits, approvals or other applicable requirements of any governmental entity or agency
having jurisdiction that are applicable to any aspect of this Agreement that are in force on the
Effective Date and as they may be enacted, issued or amended during the term of this
Agreement.
Section 22. Enforcement of Waae 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
H
more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation
of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid
to the City; provided, however, work performed by employees of contractors in excess of 8
hours per day, and 40 hours during any one week, shall be permitted upon compensation for all
hours worked in excess of 8 hours per day at not less than 1 Y2 times the basic rate of pay.
Living Wages. In addition, Contractor, or Subcontractor, if any, working
on City service contracts of any amount, as to all employees spending time on City contracts
shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City
contracts. The Current Living Wage Standards are set forth in Exhibit D. Upon request,
certified payroll shall be provided to the City.
Section 23. Materials and Workmanship. City shall have the right to inspect any
material used. Material furnished shall be new, complete, ready -for -use and of the latest model,
shall not have been used in demonstration or other services and shall have all the usual
equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise
specified. Equipment, supplies or services that fail to comply with the Agreement requirements
regarding design, material or workmanship may be rejected at the option of City. Any materials
rejected shall be removed from City premises at the Contractor's sole expense.
Section 24. Assignment of Unfair Business Practices. Contractor and its
subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes
of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, services, or materials
pursuant to the public works contract or the subcontract. This assignment shall be made and
become effective at the time City tenders final payment to Contractor, without further
acknowledgment by the parties.
Section 25. Assignment and Subcontracting. Contractor shall not assign or attempt to
assign any portion of this Agreement, or subcontract any required performance hereunder,
without the prior written approval of City. Any assignment or subcontract made in violation of
this section is invalid and void. In the event City grants written approval to Contractor to
subcontract work under this Agreement, Contractor is prohibited from using a subcontractor who
is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of
the Labor Code.
Section 26. Arbitration and Venue. Any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this Agreement to arbitrate,
shall be determined by arbitration in Los Angeles, California. The arbitration shall be -
administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The
arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the
arbitrator shall provide written reasons for their decision. The arbitration decision shall be final
and binding on the Parties. Judgment on the award may be entered in any court having
jurisdiction pursuant to this Agreement. Notwithstanding the foregoing, the parties shall be
permitted to access the court system to enforce any arbitration award. The exclusive
jurisdiction and venue under this Agreement shall be the Superior Court of California, Los
Angeles County.
0
Section 27. Attorneys Fees. In the event a dispute, claim or litigation arises regarding
this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys
fees and actual costs, which may be set by the arbitrators or the court in the same action or in a
separate action brought for that purpose, in addition to any other relief which is obtained.
Section 28. Governing Law. This Agreement shall be interpreted and enforced
according to, and the Parties rights and obligations governed by, the domestic law of the State
of California, without regard to its laws regarding choice of applicable law.
Section 29. Entire Agreement and Modifications. This Agreement, including
attachments incorporated herein by reference, represents the entire integrated agreement and
understanding between the Parties, and supersedes all prior or contemporaneous negotiations,
representations, agreements, understandings and statements, written or oral. This Agreement
may only be modified in writing and signed by both Parties.
Section 30. Waiver. The waiver by either party of a breach or default by the other
party shall not be deemed a waiver of any different or later breach whether of the same or other
covenant or condition; nor shall any delay or omission by either party to exercise any right it
may have hereunder operate as a waiver of any breach or default of such a right. The failure of
either party to this Agreement to exercise any of its rights under this Agreement does not
constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of
any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed
by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
Section 31. Force Maieure. Neither party shall be considered in default of any of its
obligations under this Agreement when a failure of performance shall be due to an
uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire,
lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal
action, statute, ordinance, or regulation, embargoes of the United States Government or any
other government, which by exercise of due diligence such party could not reasonably have
been expected to avoid and by exercise of due diligence has been unable to overcome. Either
party rendered unable to fulfill any of its obligations under this Agreement by reason of an
uncontrollable force shall give written notice within five (5) business days of such fact to the
other party and shall exercise due diligence to remove such inability with all reasonable
dispatch.
Section 32. City Not Obligated to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor. City shall timely notify Contractor of
the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its
reasonable costs incurred in providing the notification required by section.
Section 33. Notices. All notices, approvals, consents and other communications
between the Parties shall be in writing, and shall be sent by certified mail (return receipt
requested) or other delivery service which provides evidence of delivery, using the address set
forth on the Cover Page under "Notice Information - City" or "Notice Information — Vendor," as
appropriate, or at such other address as may be furnished by either party to the other in writing.
Mailed notices will be deemed communicated as of the day of receipt.
Section 34. Cover Page and Exhibits. The Cover Page and all documents referenced
as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any
10
material discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 35. Headings. Headings used in this Agreement are for convenience and
ease of reference only and shall not affect the interpretation of the Agreement.
Section 36. Survival of Terms. All of the terms and conditions in this Agreement
related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive
termination of this Agreement.
Section 37. Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be valid under applicable law. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and
shall in no way be affected, impaired or invalidated.
Section 38. Authority to Execute This Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to
the performance of its obligations under this Agreement.
[Signatures Begin on Next Page].
11
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter City
and California municipal corporation
By.
William Davis
MwyW Mayor Pro -Tern
i //• •�
WE ff, �'�
Willard G. Ya
Chief Deputy
Cannon ratio California corporation
By:
Name: KC A-k-L, F CA,.100n1
Title:
By:
NamE
Title:
SE5 r- �
12
EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Contractor shall perform the services described in the proposal dated February 14, 2012, on
behalf of the City. A copy of the Scope of Services provided for in the proposal Is attached
hereto and incorporated by reference.
City of Vernon
Engineered Design of a Temporary Closed Water System,
Elevated Tank Standpipe Repair & Technical Support Services
Approach and Scope of Work
The City's RFP provides a detailed list of requested
services for this project. We have organized these
services into two phases: Design and Construction.
Phase I. Design
• Preliminary Engineering Services
• Design and Construction Document Services
• Bidding Support Services
Phase 11. Construction Support Services
• Construction Contract Management
Phase 1. Design
Task 1. Project Kickoff
Task 1.1 Project Kickoff Meeting
We will orchestrate and attend a Project Kick -Off
Meeting with City staff. The meeting agenda will
focus on project understanding, team involvement,
and project constraints. This meeting will also
include a project introduction, review of background
information and project scope, discussion of the City's
material preferences, and an overview of the project
schedule. This meeting represents a key opportunity
for representatives from the City to steer the Project
Team and further clarify critical elements of the
project scope.
Task 1.2 Site Visit and Detailed Investigation
This task will include the following:
• Collect relevant information with Project Team and
City staff
Perform site visit / field reconnaissance
• Gather all existing site information that will be
relevant to the design of the project
• Perform testing of bypass relief valves with the
help of City staff
Section II
Task 1.3 Records Review and Svstem Evaluation
Much of the information for this project has been
made available in Addendum No. 1 of this RFP.
Harper & Associates Engineering, Inc. has prepared
a number of reports and is intimately familiar with
the repairs required for the tank. In addition to these
reports, we will meet with City staff to obtain any
additional information that is available that relates to
this project. Several different options are available to
create a closed pumping system, and plans related to
the pumping and distribution system will be obtained
to assist in the preparation of the Technical Report.
Task 1.4 Utility Search (Underground and Overhead)
Cannon will coordinate with the City and other utility
companies to obtain pertinent operations, record
drawing information of all utilities within the project
area including water, sewer storm drain, gas, electric
and cable telephone. We have assumed the all
as-built/record data provided and obtained by the
City and all other utilities companies are complete,
accurate and provided in a timely manner.
Task 1.5 Hydraulic Analysis
To verify if the proposed closed system pumping
option will work, we will run a few different pumping
options in the City -provided functional hydraulic
model of the City's water system. We will generate a
system curve which will serve as a tool to select the
optimum temporary pump(s) for the project.
City of Vernon
Engineered Design of a Temporary Closed Water System,
Elevated Tank Standpipe Repair & Technical Support Services
Task 1.6 Prepare a Preliminary Technical Reoort
The Preliminary Technical Report will include the
following:
• Closed distribution system options
• Summarize hydraulic calculations and present the
system curve calculations
• Standpipe repair options
• Summary of Utility Research and obstacles
• Discuss electrical and SCADA design implications
• Discuss the advantages and disadvantages of
proposed options
• Prepare a preliminary Opinion of Construction Cost
based on recently completed projects and current
projects under construction
Task 1.7 Preliminary Technical Reoort Review
Meeting
We will meet with City staff to review the comments
and revisions for the Preliminary Technical Report.
We will then and make a determination on the
selected option to pursue for the design plans for the
project.
Task 1.8 Final Technical Reoort
We will lincorporate City staff comments and submit
a final Technical Report, which will summarize the
selected design for the project.
Task 1.9 Proiect Management
The project will require project setup, scheduling,
controlling, and correspondence between the City
and subcontractors. Correspondence includes
telephone conversations, emails, project meetings
and status reports, and project memorandums.
Additionally, project management will include
monthly meetings and detailed invoices.
Section II
Task 2. Design and Construction Document Services
Task 2.1 Preoare and submit construction design
documents (60%)
Based on the findings and results of the previous
tasks, we will prepare and submit design plan
packages at the 60% approximate completion level
for the tank standpipe repair and the temporary
closed system. The design plan package will include
the title sheet notes, plans and profile sheets, detail
sheets, and technical specifications. Design plans
will be prepared in accordance with project required
standards. Technical Specifications and Special
Provisions will be started using and referencing the
City's standard boilerplate specifications.
Task 2.2 60% Design Review Meeting
We will attend a design review meeting to discuss
the City's comments on the 60% design submittal
package. These comments will be incorporated into
the design of the project and steer the direction of
thefor subsequent submittals.
Task 2.3 Prepare and submit construction design
documents (90%)
Based on the comments received during the 60%
plan check meeting, we will prepare updated plans
corresponding to the 90%0 completion level. These
plans will contain detailed information on the design,
and serve as a last chancefinal opportunity for the
City to make comments or modifications to the
design. At this time we will also review and comment
on the City's technical specifications and how it
relates to the components required for this project.
If detailed information is required to supplement
the plans for the equipment required, we will revise
or add additional information to clarify what will
be expected of the contractor during construction.
A detailed cost estimate and bid items list will be
provided based on the facilities included in this
submittal as well.
City of Vernon
Engineered Design of a Temporary Closed Water System,
Elevated Tank Standpipe Repair & Technical Support Services
Task 2.4 90% Desian Review Meeting
We will attend a design review meeting to discuss the
City's final comments on the 90% submittal package.
These comments will be incorporated into the final
design of the project.
Task 2.5 NPDES and BMP's
During the design phase, we will plan for the
preparation of the National Pollutant Discharge
Elimination System (NPDES) discharge plan and
Best Management Practices (BMPs).. We will
initiate the preparation of these and preliminarily
research discharge locations for any water that will
be encountered during construction. Since each
contractor may have different proposed methods
of construction, the responsibility will lie on the
contractor to prepare the final plan and obtain
approval for these prior to construction. The
requirements and preliminary plan will be outlined in
the specifications for ease of use.
Task 2.6 Regulatory Permitting
We will coordinate and determine the required
permits for the project. Considering the working
relationships currently in place between the City and
other agencies, we will request the City's involvement
with the permitting process. This will also reduce the
review and processing time.
Task 2.7 Prepare and submit construction design
documents (Final)
Based on the finalized project design issues resolved
during the preceding tasks, we will prepare and
submit a Final Construction Documents Bid package
for the project. This submittal package will contain
complete construction plans, technical specifications,
known permit conditions, and an Opinion of Probable
Construction Costs. Final plans will incorporate
comments from the City's review of the 90% Design
Plan package. Bid documents will be prepared in the
City's standard format. We will provide electronic
copies and three hard copy sets of the complete bid
package to the City.
Section II
Task 2.8 Presentation to City Council
We will attend one meeting with the City Council
to present the final scope of work for the project to
obtain approval for construction. Our presentation
will include project scope, estimated construction
costs, proposed schedules, anticipated downtime,
and efforts taken to minimize disruption to the
community.
Task 3. Bidding Support Services
Task 3.1 Pre -Bid Conference
We will serve as an extension of City staff to assist
advertising the project and attend a pre -bid site
meeting with the interested contractors. Prior to the
pre -bid conference, we will develop a list of qualified
contractors from whom to solicit proposals, with the
intention of receiving at least four or five responsive
bids.
Task 3.2 Resoond to Bidder Questions
During bidding, we will take field questions from
contractors, assist in issuing addenda, and respond
to RFls as required. This task will serve as an
opportunity to be sure the contractors understand
the overall intent of the project.
Task 3.3 Evaluation of Bids
We will complete a tabulated bid review matrix of all
responsive bids. This matrix will provide an objective
review of received bids to select the best value
(lowest cost for services offered) responsive bidder.
This will assist the City in evaluating proposals and
selecting proposal evaluation and selection of the
contractor.
City of Vernon
Engineered Design of a Temporary Closed Water System,
Elevated Tank Standpipe Repair & Technical Support Services
PHASE II. Construction
We will provide the City with construction contract
management services during the construction phase
of the project. Support includes the following listed
services. The work hours assumed for each task are
based on our previous project experience with similar
projects. The actual time required may vary based
on the selected contractor and the requested level of
involvement. Based on our experience, the estimated
construction period is 120 days. This takes into
account the submittal review process and lead time
for equipment to arrive on site. The actual duration
of construction may only between 1-2 months.
Task 4. Contract Management
Task 4.1 Participate in Job Walk with Construction
Teamisl. Attend Meetings and Site Visits
We will attend a pre -construction meeting and job
walk with the selected contractor, City staff, and
other appropriate utility agency representatives.
This meeting will allow an opportunity for thorough
review of the project plans, compliance requirements,
and construction schedule, prior to the start of
work. At critical points of design we will make site
visits and will attend the startup and testing. For this
proposal, we have assumed a weekly site visit during
construction.
Task 4.2 Process RFIs and RFCs
Processing of requests for information (RFIs) and
requests for clarification (RFCs) are vital for keeping
the project on schedule and to minimize Contractor
claims for additional monies based upon project
delays. RFIs and RFCs received from the Contractor
will be reviewed and responses returned to the
Contractor within 7 working days unless required
otherwise.
Section II
Task 4.3 Review Change Orders and Progress
Payments
We will coordinate efforts regarding change orders
and progress payments submitted by the Contractor.
Change order submittals will include supporting
documentation. We will consider the project progress
and schedule, and will prepare a recommendation for
approval or rejection. Activities for this task include
the following:
• Compile change order supporting documentation,
such as inspection reports, test reports, drawings,
sketches, photographs, and other materials as
required;
• Evaluate impacts of the proposed change on the
Contractor's schedule and operations; prepare
a written response summarizing the anticipated
impact of the proposed change;
• Evaluate price proposals submitted by the
Contractor for reasonableness and accuracy of
rates unit prices, construction quantities, and
schedule impacts; and
• Maintain a change order log for organizing change
order proposals through the review and approval
process.
City of Vernon
Engineered Design of a Temporary Closed Water System,
Elevated Tank Standpipe Repair & Technical Support Services
Task 4.4 Process Project Submittals and Operations
and Maintenance Manuals
We will review all Contractor submittals for
completeness and approve them in compliance with
project construction documents. Submittals will
then be distributed to each involved party. The final
approved submittal will be identified and one copy of
each of these submittals will be kept available at the
project site. We will prepare a special specification
section that outlines the Contractor's responsibility in
the preparation of the Operations and Maintenance
Manuals, and ensure they are easy for the City to use.
Task 4.5 As -Built Drawings and Final Report
We will review the Contractor's set of as -built
drawings on a bi-weekly basis and confirm their
maintenance and completeness. The field sets
will note all field adjustments, change orders and
manufacturer changes (where applicable). All data
collected during construction will be compiled
in a Final Report that will serve as a record of all
changes made to the plans and specifications during
construction. This will also include all submittals,
RFIs, RFCs, COs, and any other data pertinent to the
completion of the project.
Specific Work Products
Cannon will provide hard copies and electronic
copies of all final project deliverables. The main
deliverables will include: Construction Drawings,
Technical Specifications, Opinion of Probable Cost.
One printed set of final specifications stamped and
signed by a California registered engineer will also be
provided. Anticipated deliverables are summarized in
the following table:
Section II
$U4mlflal •-
GltyobVernon
Others
60%
3 Bond copies of Plans
Three (3) Bond copies of Plans
90%
3 Bond copies of Plans and Specifications
Three (3) Bond copies of Plans
Final
3 Bond copies of Plans and Specifications; One (1)
Three (3) Bond copies of Plans
Mylar copy of Plans; and One (1) OD of Plans,
Specifications, and project files.
EXHIBIT B
*:1.IMU
FEES
Contractor shall be paid an amount not to exceed $56,445.00 to perform the Services described
in Exhibit A in accordance with the Cost Schedule, a copy of which is attached hereto and
incorporated as referenced.
Invoices shall include the period for which Services were provided, the dates of such Services,
and a description of the Services provided for that billing period. Each invoice shall include
copies of timesheets and other supporting documents as City may require.
Payments of each invoice shall be made by City within thirty (30) days following receipt of each
invoice as to all non -disputed fees. If City disputes any of Contractor's fees, it shall give written
notice to Contractor within thirty (30) days of receipt of the disputed invoices. Any amounts in
dispute shall be withheld until resolution.
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EXHIBIT C
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CHANGE ORDER
Exhibit C
CITY OF VERNON
COMMUNITY SERVICES & WATER DEPARTMENT
CONTRACT CHANGE ORDER NO. SUPPLEMENT NO. SHEET OF SHEETS
PROJECT: P.O. NO.
TO:
REQUESTED BY:
of Vernon
CONTRACTOR
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work
not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and
conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally
included in the contract.
Contract Amount (Base Bid)
z .... ..------------ ...............................
$
Amount of This Change OrderI
.............................................
$
Amount of Previous Change Orders
I .........................................
$
Total Change OrdersI
......................... I ........
I..................
$
Modified Contract Amount
.............................................
$
By reason of this change order the time of
completion will be adjusted as follows:
Approved:
Date:
Director of Community Services & Water
Attest:
Date:
Willard Yamaguchi, City Clerk
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all
labor, equipment and materials, including overhead, except as may otherwise be noted above, and
perform all services necessary for the work above specified, mid
will accept as full payment therefore the prices shown above.
Accepted Date: Contractor:
By: Title:
c: Project File/Contractor/Purchasing Rev. 03/10
EXHIBIT D
EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Living Wages:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour
with health benefits, or $11.55 per hour without health benefits.
Paid and Unpaid Days Off:
Employers provide qualifying employees at least twelve compensated days off per year for sick
leave, vacation, or personal necessity, and an additional ten days a year of uncompensated
time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to
the employer's compliance with the living wage ordinance. Employees may bring an action in
Superior Court against an employer for back pay, treble damages for willful violations, and
attorney's fees, or to compel City officials to terminate the service contract of violating
employers.
RECEIVED
JUN 2 7 2012
STAFF REPORT
CITY CLERK'S OFFICF
COMMUNITY SERVICES & WATER DEPAR
DATE: June 20, 2012
TO: Honorable Mayor and City Council
//V
FROM: Samuel Kevin Wilson, Director of Community Services & Water
(RECEIVED
JUN 2 1 2012
CITY ADMINISTRATION
RE: Engineered Design of a Temporary Closed Water System, Elevated Tank
Standpipe Repair, and Technical Support Services
On Tuesday, February 14, 2012, the Department of Community Services and Water (Department)
received back proposals in response to the Request for Proposal for the Engineered Design of a
Temporary Closed Water System, Elevated Tank Standpipe Repair, and Technical Support Services.
Proposals were received from the following firms:
• URS Corporation
• Civiltec Engineering
• Cannon Corporation
The Department performed comprehensive review of the proposals utilizing a consultant rating
sheet that is based on a quality focused selection process. The selection process was based largely on staff
qualifications, experience on similar work, work plan, and feedback from their references. Cannon
Corporation (Cannon) was rated the highest of the three proposals received, followed closely by Civiltec
Engineering. In terms of cost, Cannon's original bid came in at $86,305. However, staff held additional
meetings with Cannon and was able to negotiate a price reduction of $29,860. Cannon's revised proposal
is for $56,445. Moreover, staff performed a detailed review of Cannon Corporation's experience with
similar projects and found that they have extensive experience in water tank design and repair. Cannon's
subconsultant, Harper & Associates Engineering, Inc. is familiar with the structural components of the
Elevated Tank having performed a seismic study and prepared specifications for ductility upgrades at this
facility in the recent past. In addition, Harper & Associates Engineering, Inc. has also performed a
multitude of dive inspections at the subject tank. Cannon's references gave them high marks in terms of
quality of work and customer service.
The City Attorney's office has prepared a Services Agreement between the City of Vernon and
Cannon Corporation for the Engineered Design of a Temporary Closed Water System, Elevated Tank
Standpipe Repair, and Technical Support Services. The Services Agreement has been executed by
Cannon Corporation and is herein attached.
4,-'; It is recommended that the City Council approve the Services Agreement between the City of
Vernon and Cannon Corporation at the July 17, 2012 City Council meeting; and that it be made effective
July 37, 2012. Thank you.
SKW/sr
Enclosures
RECEIVES 4,��oF�FRtioy
AJN 2 7 2012
Y�
Ye 6!
Cff Y CLERK'S OfHGE
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
A-6
TO: Mark Whitworth, City Administrator
FROM: Samuel Kevin Wilson, Director of Community Services and Water
DATE: June 20, 2012
SUBJECT: Engineered Design of a Temporary Closed Water System, Elevated Tank
Standpipe Repair, and Technical Support Services
On Tuesday, February 14, 2012, the Department of Community Services and Water (Department)
received back proposals in response to the Request for Proposal for the Engineered Design of a Temporary
Closed Water System, Elevated Tank Standpipe Repair, and Technical Support Services. Proposals were
received from URS Corporation, Civiltee Engineering, and Cannon Corporation.
Moreover, the Department performed comprehensive review of the proposals utilizing a consultant
rating sheet that is based on a quality focused selection process. The selection process was based largely on staff
qualifications, experience on similar work, work plan, and feedback from their references
A Staff Report is herein attached recommending that the City Council approve the Services Agreement
between the City of Vernon and Cannon Corporation for the Engineered Design of a Temporary Closed Water
System, Elevated Tank Standpipe Repair, and Technical Support Services at the July 17, 2012 Council meeting.
The effective date will be July 17, 2012. Thank you.
SKWIsr
Enclosures
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Cannon
May 22, 2012
Mr. Scott B. Rigg, Public Works and Water Superintendent
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Subject: Revised Fee Proposal for Engineered Design of a Temporary Closed Water System,
Elevated Tank Standpipe Repair, and Technical Support Services
Dear Mr. Scott B. Rigg:
We have reviewed our fee proposal originally submitted with our February 14, 2012 proposal for
engineering design and support services and have determined we can make some adjustments to
our fees based on the temporary closed water system pumping option selected. Our proposal
identified three options to operate the system with the tank out of service. In particular, Options 1
and 3 essentially eliminate the need to prepare plans for the interim pumping setup. Cannon will
assume the existing pump station has the necessary required pressure relief valves and the valves
are functional and adjustable. Further, we assume an operational sequence is sufficient to maintain
pressures while the elevated tank is out of service and to prevent pressure surges.
It is our intent to work with the City to verify and determine the most beneficial option or whether a
combination of both is required. We will eliminate the need to prepare plans for operating the water
system without a tank, and include an operational outline in a technical memorandum describing
how to implement that option. The technical memorandum is assumed to become part of the
construction specifications. The required modifications outlined in the technical memorandum can
either be specified and performed by the City or become a requirement of the contractor.
We have also reviewed our project costs with Harper & Associates, and we can reduce some of
their cost for the structural inspection as well. Since the submittal of our proposal, several
additional inspections were performed providing additional information on the structural integrity of
the standpipe and which can be used in the design of the repairs needed.
Please find the attached revised fee schedule for your review and final approval. Fees associated
with Task 2, the preparation of plans for a temporary closed system, have been eliminated;
however, the structural repair of the standpipe is still included in Task 2. The original project fee of
$86,305.00 has been reduced by $29,860.00 for a new total of $56,445.00.
Please let us know if this fee will work within the City's budget limitations on this project. We are
excited about working with you and your colleagues on this project.
Sincerel
J. Eric Porkert, PE
General Manager/Senior Principal Engineer
C57562
3420 Ocean Park Blvd., Ste. 3040, Santa Monica, CA 90405
T 310.664.1166 F 310.664.8877
CannonCorp.us
February 14, 2012
Mr. Scott B. Rigg
Public Works and Water Superintendent
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Subject: Cost Proposal for Engineered Design of a Temporary Closed Water System,
Elevated Tank Standpipe Repair, and Technical Support Services
Dear Mr. Scott B. Rigg:
Cannon is pleased to submit this cost estimate to accompany our proposal under separate
cover. For convenience, we have broken the cost down into two main phases: Phase I —Design
and Phase II — Construction.
Our fee for the Technical Report and Design of the standpipe repairs is included in Phase I.
This fee assumes we are using Option 1 from our proposal to provide the temporary closed
system. This option utilizes the bypass pressure relief valves at Booster Plant 1 to regulate
system pressure. We have estimated the fee for Phase II — Construction based on a two -
month construction period and two months for prep work and lead time for materials. The
actual Construction fee is dependent upon many factors including the quality and performance
of the contractor.
The Optional Items section includes additional fees required to complete the design for Option
2 (VFD system) or Option 3 (MWD regulation), as well as the additional fee from Harper &
Associates to complete an inspection of the interior of the standpipe at the tank.
Because the actual cost is dependent upon the final results of the Technical Report and the
temporary closed system option selected, we would like the opportunity to review our cost
estimate with you prior to your selection and discuss our qualifications to serve the City of
Vernon.
Sincerely,
- L -
J. Eric Porkert, PE
Project Manager and Sr. Principal Engineer
C57562
JEP/Ilf
3420 Ocean Park Blvd., Ste. 3040, Santa Monica, CA 90405
T 310.664.1166 F 310.664.8877
CannonCorp.us
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CONTRACT/AMENDMENT SIGNATURE ROUTING FORM
CONTRACTOR: ce"n4io/1 Crra Jtaoe\
CONTRACT PURPOSE: F^wsneor Qca,�n •F a Tar. r C1-aNP---AI
C\...�,.1.A Ta�1'Z Sl�.,�•Q.tr R..F...r .,w �,...��.�► �,.rt-
CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE CPkMPETIVE SELECTION & NOTICED RFP
❑ COMPETITIVE BID & NOTICED INVITATION TO BID
❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED)
❑ SERVICES ❑ MATERIALS QX6DGETED O NOT BUDGETED
TOTAL CONTRACT VALUE: $ S4 yyS.O® Charge Acet. No(s) 42C� l�Y�l400 oc0
Amendment Value $ ❑ Contract is an Amendment to Contract No. (if Applicable)
RESPONSIBLE DEPARTMENT PERSON: q . (L, G i, PHONE: X 1 4)
AUTHORIZATION: ❑ Approved by Council on
(Check One) Resolution No. (if applicable)
❑ Approved by City Administrator on
Note: Attach supporting documentation
❑Amendment Approved by (if applicable)
ROUTING SEQUENCE: (Please Follow In Order — Do not use N/A) Initials , Date
(1) Responsible Department Person
Checks substance of contract and assembles two (2) copies of
Contract, insurance & bond documents, certifies compliance
With Competitive Bidding and Purchasing Ordinance
(2) Liability and Claims
Approves insurance and sureties, if bonds required 00
P q<p� Sy % N V?" _ c-r,-rs
(3) Finance urchasing) :pl � . 17 � [3
Checks compliance with Competitive Bidding & Living Wage Ordinancesy
And reflected in current budget
(4) City Attorney ✓ 4 (�I I
Approves contract as to form, verifies bonds and insurance included 1� _
(5) City Signatory �� �✓
Signs all copies on behalf of City
(6) City Clerk
Attests signatures, numbers, files contract, insurance and bonds, and �/�
transmits duplicate original to contractor
Rev. 4125/13
CITY OF VERNON
COMMUNITY SERVICES & WATER DEPARTMENT
AGREEMENT CHANGE ORDER NO. 1 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS
The Engineered Design Of A Temporary Closed Water 011.000
PROJECT: System, Elevated Tank Standpipe Repair and Technical P.O. NO. 8210
Support Services
TO: Cannon.Corporation CONSULTANT
REQUESTED BY: City of Vernon
You are hereby directed to make the herein described changes from the original scope of work of this agreement. Except as
specifically modified herein, all tennis and conditions of the original agreement remain in full force and effect, and apply to the
additional work as if said work was originally included in the agreement.
Extend the Agreement between the City of Vernon and Cannon Corporation for the Engineered Design of a Temporary
Closed Water System, Elevated Tank Standpipe Repair and Technical Support Services for a period of one-year with an
effective date of July 9, 2013. The Agreement shall terminate upon completion of the project, or on July 9, 2014, which
ever date occurs first.
There are no changes to the Agreement amount.
Agreement Amount Base Bid
.............................................
$
56,445.00
Amount of This Change OrderI
.............................................
$
0
Amount of Previous Change OrdersI
.........................................
$
0
Total Change Orders
I .....................................................
$
0
Modified Agreement AmountI
.............................................
$
56,445.00
By reason of this change order the time of The Agreement shall terminate upon completion of the project, or on July 9, 2014, which ever
completion will be a4usted as follows: date occurs first.
Approved: Date: 6 -5 —J T
Director C unity Services & Water
Attest: Date:
v�
Dana Reed, Interim City Clerk
We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all
labor, equipment and materials, including overhead, exceptas may otherwise be noted above, and perform all services necessary for the work above specified, and
will accept as full payment therefore the prices shown above.
Accepted Date: 4 iPpi Consultant: lkr,)NOnl CofpgATIDI`l
By: Title: Ole . Duuk, INKAS71tir—Mr-P
c: Project File/Consultant/Purchasing Rev.03/10
Cannon
May 2, 2013
Mr. Scott Rigg
Public Works & Water Superintendent
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Subject: Renewal of Engineered Design of a Temporary Closed Water System,
Elevated Tank Standpipe Repair and Technical Support Services
Dear Scott,
We are requesting a renewal of the Services Agreement between the City of Vernon and
Cannon Corporation for the Engineered Design of a Temporary Closed Water System,
Elevated Tank Standpipe Repair and Technical Support Services dated July 9, 2012. Per
Section 1.(a) the extension would be for the year July 9, 2013, through July 9, 2014. This
renewal will allow us to complete items remaining open on the original Agreement.
Please contact me if you have any questions. We look forward to continue working with you
and your colleagues on this project.
Sincerely,
f
J. Eric Porkert, PE
Project Manager and Sr. Principal Engineer
C57562
JEP/skh
3420 Ocean Park Blvd, Ste. 3040
Santa Monica CA 90405
T 310.664.1166
F 310.664.8877
CannonCorp.us
CANNO-2 OP ID: LB
AICe-mRO' CERTIFICATE OF LIABILITY INSURANCE
A_
T�
OAT06112D/YYYY)
O6/12/13
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER Phone: 805-543-6887
Morris & Garritano Insurance Fax: 805-543-3064
Apggency License #0305584
PO Drawer1189
NAONTT T Linda Bingaman
PHONE E .805-543-6887 FAX Not: 805-543-3064
E-MAIL amen Ibin morns arritano.com
ADDRESS: 9 9
San Luis Obispo, CA 93406-1189
INSURER(S) AFFORDING COVERAGE
NAIC0
INSURER A: Continental Casualty Company
20443
INSURED Cannon Corporation
1050 Southwood Drive
San Luis Obispo, CA 93401
INSURERS: Transportation Insurance Co.
20494
INSURER C: Firemen's Fund
21873
INSURER D : Atlantic Specialty InsuranceCo
INSURER E: State Comp Insurance Fund
35076
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
I TYPE OF INSURANCE
POLICY NUMBER
MMILDDY/YYYY
MMIDD EXP
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,00
EMISES Ea Occurrence
$ 100,000
A
X COMMERCIAL GENERAL LIABILITY
X
1m�
9159 f " ^ 1""
10/02N2
10/02H
EO EXP(Any one person)
S 5,000
CLAIMS -MADE OCCUR
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, �" �b'D `^ -
NAL&ADVINJURY
It 11000,000
IT
OF
VERNON RI'
tt Itit11
�/�^
I1�Ct�1
X
Per. Pmlect Ager.
GENERAL AGGREGATE
'$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
JECT El POLICY X PRO. LOC
e
`^V.
PRODUCTS -COMP/OPAGG
$ 2,000,000
E
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
Fa accltlenl
11000,00
BODILY INJURY (Per person)
$
B
ANYAUTO
X
X
2058094976
/0
12
10I02113
ALLOWNED SCHEDULED
AUTOHREDSAUTOS AUTOS N
NED
NON-OWNED
Ix
DATE
AUL D.
RISK MANAGER
KIEHL-PROPERTYa
BODILY INJURY (Per accident)
IDAMAGE
$
$
$
UMSRELLALIAB
X
OCCUR
EACH OCCURRENCE
$ 9,000,000
X
AGGREGATE
$ 91000,00
C
EXCESS LUIB
CLAIMS -MADE
SSE48636583
10/02/12
10/02/13
LIED I X I RETENTION$ 0
$
E
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROIPRIETOR/PARTNERECUTIVEY/N
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH)
NIA
925422012
09/01/12
09/01113
X WC STATU- OTH-
OBY IMIT ER
E.L. EACH ACCIDENT
$ 1,000,00
E.L. DISEASE -EA EMPLOYE
$ 11000,00
E.L. DISEASE -POLICY LIMIT
$ 1,000,00
IF yes, describe under
DESCRIPTION OF OPERATIONS below
I
D
Professional Liab.
DPL240813
05109/13
05/09/14
Per Claim 2,000,000
Claims Made -
$50,000 SIR PER CLAIM
Aggregate 2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, R more space is required)
Project: Design and CCSS for Well 21, Temporary Closed Water System,
Elevated Tank Stanpiper Repair & Technical Support. See forma attached as
triggered by written contract:GL AI: #G140331C 10/10 with Primary, GL WOS
CG2404 5/09, Auto Al: CA2048 2/99, Auto WOS #9-23186-H 12/10.Primary in auto
policy form CA0001 03/06
City of Vernon
Community Services Department
4305 Santa Fe Avenue
Vernon, CA 90058
CITYVER
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
/ 1W
CI)1988-2010 ACORD
All riahts reserved
t
ACORD 25 (2010/05)
The ACORD name and logo are registered marks of ACORD
CNA (Ed.1 /10)
(Ed. 10/10)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS
-WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART ��NN URANCE APPROVED
SCHEDULE (OPTIC9Rf%R�L
Name of Additional Insured s O 111:r a ions
(As required by "written contract" per Paragraph A. below.)
Locations of Covered Operations
(As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.)
A. Section II - Who Is An Insured is amended to 2. We will not provide the additional insured any
include as an additional insured: broader coverage or any higher limit of
1. Any person or organization whom you are insurance than the least that is:
required by "written contract" to add as an a. Required by the "written contract'
additional insured on this Coverage Part; and b. Described in B.1. above; or
2. The particular person or organization, if any,
scheduled above.
B. The insurance provided to the additional insured is
limited as follows:
1. The person or organization is an additional
insured only with respect to liability for "bodily
injury," "property damage," or "personal and
advertising injury" caused in whole or in part by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on
your behalf
in the performance of your ongoing operations
specified in the "written contract'; or
c. "Your work" that is specified in the "written
contract" but only for "bodily injury" or
"property damage" included in the
"products -completed operations hazard,"
and only if:
(1) The "written contract" requires you to
provide the additional insured such
coverage; and
(2) This Coverage Part provides such
coverage.
c. Afforded to you under this policy
3. This insurance is excess of all other insurance
available to the additional insured whether on a
primary, excess, contingent or any other basis.
But if required by the "written contract," this
insurance will be primary and noncontributory
relative to insurance on which the additional
insured is a Named Insured.
4. The insurance provided to the additional
insured does not apply to "bodily injury,"
"property damage," or "personal and advertising
injury arising out of:
a. The rendering of, or the failure to render,
any professional architectural, engineering,
or surveying services, including:
(1) The preparing, approving, or failing to
prepare or approve maps, shop
drawings, opinions, reports, surveys,
Feld orders, change orders or drawings
and specifications; and
(2) Supervisory, inspection, architectural or
engineering activities; or
b. Any premises or work for which the
additional insured is specifically listed as an
G-140331-C Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2
(Ed. 10/10)
CNA
G-140331-C
(Ed. 10/10)
additional insured on another endorsement
attached to this Coverage Part.
C. SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS is amended as follows:
1. The Duties In The Event of Occurrence,
Offense, Claim or Suit condition is amended
to add the following additional conditions
applicable to the additional insured:
An additional insured under this endorsement
will as soon as practicable: .
(1) Give us written notice of an 'occurrence" or
an offense which may result in a claim or
"suit" under this insurance, and of any claim
or "suit' that does result;
(2) Except as provided in Paragraph B.3 of this
endorsement, agree to make available any D.
other insurance the additional insured has
for a loss we cover under this Coverage
Part;
(3) Send us copies of all legal papers received,
and otherwise cooperate with us in the
investigation, defense, or settlement of the
claim or "suit; and
(4) Tender the defense and indemnity of any
claim or "suit' to any other insurer or self
insurer whose policy or program applies to
a loss we cover under this Coverage Part.
But if the "written contract' requires this
insurance to be primary and non-
contributory, this provision (4) does not
apply to insurance on which the additional
insured is a Named Insured.
We have no duty to defend or indemnify an
additional insured under this endorsement until
we receive from the additional insured written
notice of a claim or "suit."
2. With respect only to the insurance provided by
this endorsement, the first sentence of
Paragraph 4.a. of the Other Insurance
Condition is deleted and replaced with the
following:
4. Other Insurance
a. Primary Insurance
This insurance is primary and non-
contributory except when rendered
excess by endorsement G-140331-C,
or when Paragraph b. below applies.
Only for the purpose of the insurance provided by
this endorsement, SECTION V — DEFINITIONS is
amended to add the following definition:
"Written contract" means a written contract or
written agreement that requires you to make a
person or organization an additional insured on this
Coverage Part, provided the contract or agreement:
1. Is currently in effect or becomes effective during
the term of this policy; and
2. Was executed prior to:
a. The "bodily injury" or "property damage"; or
b The offense that caused the "personal and
advertising injury"
for which the additional insured seeks coverage
under this Coverage Part.
G-140331-C Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 2
(Ed. 10/10)
POLICY NUMBER: C2058094931
COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
Any person or organization with whom you
agree in writing to waive your right to
recover against them. You must agree to
this waiver prior to the date of loss.
Information required to complete this Schedule if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV —Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or "your
work" done under a contract with that person or
organization and included in the "products -completed
operations hazard" This waiver applies only to the
person or organization shown in the Schedule above.
INSURANCE APPROVED
CITY OF VERNON RISK MANAGEMENT
DA -WLKIEHL
RISK MANAGER
CG 24 04 05 09 Copyright, Insurance Services Office, Inc., 2008 Page 1 of 1
POLICY NUMBER: 2058094976
COMMERCIAL AUTO
CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by
this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the
Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Endorsement Effective:
Countersigned By:
Named Insured: Cannon Corporation
Authorized Representative)
SCHEDULE
Name of Person(s) or Organization(s): Any person or organization for whom you are
SEE ENDORSEMENT
SENECA RESOURCES CORPORATION required to add as an additional insured on
GOLDEN STATE WATER COMPANY this policy under a written contract or
THE COUNTY OF SAN LUIS OBISPOa(:�Seemmn.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to the endorsement.)
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person
or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage
Form.
ID
piSU caU N E
OF VERNO RISK 10"GIEMIM
CITY
-Z -
OAT
CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1
CNA
9-23186-B
(Ed. 12/10)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS
This endorsement modifies insurance provided under the following:
Business Auto
SCHEDULE
Name of Person or Organization: Any person or organization for twhom for which you
no enef ppearss apNe wnrf mat on requiredrto compQerfe t�i endorsement wul be shown in the �leclara ons as from us.
applicable to this endorsement. You must agree to that requirement prior to loss.
We waive any right of recovery we may have against the damage must arise out of your activities under a contract
person or organization shown in the Schedule because of with that person or organization. The waiver applies only to
payments we make for the injury or damage. This injury or the person or organization shown in the Schedule.
INSURANCE APPROVED
CITY OF VERNON RISK MANAAEMEI
Ie II01171,j
1�
9-23186-B
(Ed. 12/10)
Page 1 of 1