'[
:[
+12%$6(
5(029(6)52029(5$/+(,*+7
=6&5(23
=26725$*(&5('(1=$23(1
'[
:[
+:,7+
%/$'(%$6(
=6&5(20
=26725$*(&5('(1=$23(1
'[
:[
+:,7+=2
%$6(
=6&5(21
=26725$*(&5('(1=$23(1
'[
:[
+12%$6(
5(029(6)52029(5$/+(,*+7
=6&5(23
=26725$*(&5('(1=$23(1
'[
:[
+:,7+
%/$'(%$6(
=6&5(20
=26725$*(&5('(1=$23(1
'[
:[
+:,7+=2
%$6(
=6&5(21
=26725$*(&5('(1=$23(1
'[
:[
+12%$6(
5(029(6)52029(5$/+(,*+7
=6&5(23
=26725$*(&5('(1=$23(1
'[
:[
+:,7+
%/$'(%$6(
=6&5(20
=26725$*(&5('(1=$23(1
'[
:[
+:,7+=2
%$6(
=6&5(21
=26725$*(&5('(1=$23(1
'[
:[
+12%$6(
5(029(6)52029(5$/+(,*+7
=6&5(23
=26725$*(&5('(1=$23(1
'[
:[
+:,7+
%/$'(%$6(
=6&5(20
=26725$*(&5('(1=$23(1
'[
:[
+:,7+=2
%$6(
WĂŐĞϭϳϳŽĨϮϭϬ
984
=6&5(21
=26725$*(&5('(1=$23(1
'[
:[
+12%$6(
5(029(6)52029(5$/+(,*+7
=6&5(23
=26725$*(&5('(1=$23(1
'[
:[
+:,7+
%/$'(%$6(
=6&5(20
=26725$*(&5('(1=$23(1
'[
:[
+:,7+=2
%$6(
=6&5(21
=26725$*(&5('(1=$23(1
'[
:[
+12%$6(
5(029(6)52029(5$/+(,*+7
=6&5(23
=26725$*(&5('(1=$23(1
'[
:[
+:,7+
%/$'(%$6(
=6&5(20
=26725$*(&5('(1=$23(1
'[
:[
+:,7+=2
%$6(
=6&5(21
=26725$*(&5('(1=$23(1
'[
:[
+12%$6(
5(029(6)52029(5$/+(,*+7
=6&5(23
=26725$*(&5('(1=$23(1
'[
:[
+:,7+
%/$'(%$6(
=6&5(20
=26725$*(&5('(1=$23(1
'[
:[
+:,7+=2
%$6(
=6&5(21
=26725$*(&5('(1=$23(1
'[
:[
+12%$6(
5(029(6)52029(5$/+(,*+7
=6&5(23
=26725$*(&5('(1=$23(1
'[
:[
+:,7+
%/$'(%$6(
=6&5(2
0
=26725$*(&5('(1=$23(1
'[
:[
+:,7+=2
%$6(
=6&5(2
1
=26725$*(&5('(1=$23(1
'[
:[
+12%$6(
5(029(6)52029(5$/+(,*+7
=6&5(2
3
=26725$*(&5('(1=$23(1
'[
:[
+:,7+
%/$'(%$6(
=6&5(2
0
=26725$*(&5('(1=$23(1
'[
:[
+:,7+=2
%$6(
=6&5(2
1
=26725$*(&5('(1=$23(1
'[
:[
+12%$6(
5(029(6)52029(5$/+(,*+7
WĂŐĞϭϳϴŽĨϮϭϬ
985
=6&5(2
3
=26725$*(&5('(1=$23(1
'[
:[
+:,7+
%/$'(%$6(
=6&5(6'0
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+=2%$6(
=6&5(6'1
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+12
%$6(
5(029(6)52029(5$/+(,*+7
=6&5(6'3
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+%/$'(%$6(
=6&5(6'0
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+=2%$6(
=6&5(6'1
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+12
%$6(
5(029(6)52029(5$/+(,*+7
=6&5(6'3
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+%/$'(%$6(
=6&5(6'0
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+=2%$6(
=6&5(6'1
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+12
%$6(
5(029(6)52029(5$/+(,*+7
=6&5(6'3
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+%/$'(%$6(
=6&5(6'0
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+=2%$6(
=6&5(6'1
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+12
%$6(
5(029(6)52029(5$/+(,*+7
=6&5(6'3
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+%/$'(%$6(
=6&5(6'0
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+=2%$6(
=6&5(6'1
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+12
%$6(
5(029(6)52029(5$/+(,*+7
=6&5(6'3
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+%/$'(%$6(
WĂŐĞϭϳϵŽĨϮϭϬ
986
=6&5(6'0
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+=2%$6(
=6&5(6'1
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+12
%$6(
5(029(6)52029(5$/+(,*+7
=6&5(6'3
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+%/$'(%$6(
=6&5(6'0
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+=2%$6(
=6&5(6'1
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+12
%$6(
5(029(6)52029(5$/+(,*+7
=6&5(6'3
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+%/$'(%$6(
=6&5(6'0
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+=2%$6(
=6&5(6'1
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+12
%$6(
5(029(6)52029(5$/+(,*+7
=6&5(6'3
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+%/$'(%$6(
=6&5(6'0
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+=2%$6(
=6&5(6'1
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+12
%$6(
5(029(6)52029(5$/+(,*+7
=6&5(6'3
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+%/$'(%$6(
=6&5(6'0
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+=2%$6(
=6&5(6'1
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+12
%$6(
5(029(6)52029(5$/+(,*+7
=6&5(6'3
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+%/$'(%$6(
=6&5(6'
0
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+=2%$6(
WĂŐĞϭϴϬŽĨϮϭϬ
987
=6&5(6'
1
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+12
%$6(
5(029(6)52029(5$/+(,*+7
=6&5(6'
3
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+%/$'(%$6(
=6&5(6'
0
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+=2%$6(
=6&5(6'
1
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+12
%$6(
5(029(6)52029(5$/+(,*+7
=6&5(6'
3
=26725$*(&5('(1=$6/,'(5'225
'[
:[
+
:,7+%/$'(%$6(
=6&5;&/0
=26725$*(&5('(1=$&20%2
'[
:[
+/()7
+$1':,7+=2%$6(
=6&5;&/1
=26725$*(&5('(1=$&20%2
'[
:[
+/()7
+$1'12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;&/3
=26725$*(&5('(1=$&20%2
'[
:[
+/()7
+$1':,7+%/$'(%$6(
=6&5;&50
=26725$*(&5('(1=$&20%2
'[
:[
+5,*+7
+$1':,7+=2%$6(
=6&5;&51
=26725$*(&5('(1=$&20%2
'[
:[
+5,*+7
+$1'12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;&53
=26725$*(&5('(1=$&20%2
'[
:[
+5,*+7
+$1':,7+%/$'(%$6(
=6&5;'&10
=26725$*(&5('(1=$'225
'[
:[
+:,7+=2
%$6(
=6&5;'&11
=26725$*(&5('(1=$'225
'[
:[
+12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;'&13
=26725$*(&5('(1=$'225
'[
:[
+:,7+
%/$'(%$6(
=6&5;'&10
=26725$*(&5('(1=$'225
'[
:[
+:,7+=2
%$6(
WĂŐĞϭϴϭŽĨϮϭϬ
988
=6&5;'&11
=26725$*(&5('(1=$'225
'[
:[
+12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;'&13
=26725$*(&5('(1=$'225
'[
:[
+:,7+
%/$'(%$6(
=6&5;'&10
=26725$*(&5('(1=$'225
'[
:[
+:,7+=2
%$6(
=6&5;'&11
=26725$*(&5('(1=$'225
'[
:[
+12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;'&13
=26725$*(&5('(1=$'225
'[
:[
+:,7+
%/$'(%$6(
=6&5;'&10
=26725$*(&5('(1=$'225
'[
:[
+:,7+=2
%$6(
=6&5;'&11
=26725$*(&5('(1=$'225
'[
:[
+12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;'&13
=26725$*(&5('(1=$'225
'[
:[
+:,7+
%/$'(%$6(
=6&5;'&/0
=26725$*(&5('(1=$'225
'[
:[
+/()7
+$1':,7+=2%$6(
=6&5;'&/1
=26725$*(&5('(1=$'225
'[
:[
+/()7
+$1'12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;'&/3
=26725$*(&5('(1=$'225
'[
:[
+/()7
+$1':,7+%/$'(%$6(
=6&5;'&50
=26725$*(&5('(1=$'225
'[
:[
+5,*+7
+$1':,7+=2%$6(
=6&5;'&51
=26725$*(&5('(1=$'225
'[
:[
+5,*+7
+$1'12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;'&53
=26725$*(&5('(1=$'225
'[
:[
+5,*+7
+$1':,7+%/$'(%$6(
=6&5;'2/0
=26725$*(&5('(1=$'225
'[
:[
+/()7
+$1':,7+=2%$6(
=6&5;'2/1
=26725$*(&5('(1=$'225
'[
:[
+/()7
+$1'12%$6(
5(029(6)52029(5$/+(,*+7
WĂŐĞϭϴϮŽĨϮϭϬ
989
=6&5;'2/3
=26725$*(&5('(1=$'225
'[
:[
+/()7
+$1':,7+%/$'(%$6(
=6&5;'250
=26725$*(&5('(1=$'225
'[
:[
+5,*+7
+$1':,7+=2%$6(
=6&5;'251
=26725$*(&5('(1=$'225
'[
:[
+5,*+7
+$1'12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;'253
=26725$*(&5('(1=$'225
'[
:[
+5,*+7
+$1':,7+%/$'(%$6(
=6&5;'2/0
=26725$*(&5('(1=$'22523(1
'[
:[
+/()7
+$1':,7+=2%$6(
=6&5;'2/1
=26725$*(&5('(1=$'22523(1
'[
:[
+/()7
+$1'12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;'2/3
=26725$*(&5('(1=$'22523(1
'[
:[
+/()7
+$1':,7+%/$'(%$6(
=6&5;'250
=26725$*(&5('(1=$'22523(1
'[
:[
+
5,*+7+$1':,7+=2%$6(
=6&5;'251
=26725$*(&5('(1=$'22523(1
'[
:[
+
5,*+7+$1'12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;'253
=26725$*(&5('(1=$'22523(1
'[
:[
+
5,*+7+$1':,7+%/$'(%$6( =6&5;)10
=26725$*(&5('(1=$),/(
'[
:[
+:,7+=2
%$6(
=6&5;)11
=26725$*(&5('(1=$),/(
'[
:[
+12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;)13
=26725$*(&5('(1=$),/(
'[
:[
+:,7+%/$'(
%$6(
=6&5;)10
=26725$*(&5('(1=$),/(
'[
:[
+:,7+=2
%$6(
=6&5;)11
=26725$*(&5('(1=$),/(
'[
:[
+12%$6(
5(029(6)52029(5$/+(,*+7
WĂŐĞϭϴϯŽĨϮϭϬ
990
=6&5;)13
=26725$*(&5('(1=$),/(
'[
:[
+:,7+%/$'(
%$6(
=6&5;)10
=26725$*(&5('(1=$),/(
'[
:[
+:,7+=2
%$6(
=6&5;)11
=26725$*(&5('(1=$),/(
'[
:[
+12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;)13
=26725$*(&5('(1=$),/(
'[
:[
+:,7+%/$'(
%$6(
=6&5;)10
=26725$*(&5('(1=$),/(
'[
:[
+:,7+=2
%$6(
=6&5;)11
=26725$*(&5('(1=$),/(
'[
:[
+12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;)13
=26725$*(&5('(1=$),/(
'[
:[
+:,7+%/$'(
%$6(
=6&5;)/0
=26725$*(&5('(1=$),/(
'[
:[
+/()7+$1'
:,7+=2%$6(
=6&5;)/1
=26725$*(&5('(1=$),/(
'[
:[
+/()7+$1'
12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;)/3
=26725$*(&5('(1=$),/(
'[
:[
+/()7+$1'
:,7+%/$'(%$6(
=6&5;)50
=26725$*(&5('(1=$),/(
'[
:[
+5,*+7
+$1':,7+=2%$6(
=6&5;)51
=26725$*(&5('(1=$),/(
'[
:[
+5,*+7
+$1'12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;)53
=26725$*(&5('(1=$),/(
'[
:[
+5,*+7
+$1':,7+%/$'(%$6(
=6&5;)/0
=26725$*(&5('(1=$),/(
'[
:[
+/()7+$1'
:,7+=2%$6(
=6&5;)/1
=26725$*(&5('(1=$),/(
'[
:[
+/()7+$1'
12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;)/3
=26725$*(&5('(1=$),/(
'[
:[
+/()7+$1'
:,7+%/$'(%$6(
WĂŐĞϭϴϰŽĨϮϭϬ
991
=6&5;)50
=26725$*(&5('(1=$),/(
'[
:[
+5,*+7
+$1':,7+=2%$6(
=6&5;)51
=26725$*(&5('(1=$),/(
'[
:[
+5,*+7
+$1'12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;)53
=26725$*(&5('(1=$),/(
'[
:[
+5,*+7
+$1':,7+%/$'(%$6(
=6&5;)6/0
=26725$*(&5('(1=$),/(6,'(
'[
:[
+/()7
+$1':,7+=2%$6(
=6&5;)6/1
=26725$*(&5('(1=$),/(6,'(
'[
:[
+/()7
+$1'12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;)6/3
=26725$*(&5('(1=$),/(6,'(
'[
:[
+/()7
+$1':,7+%/$'(%$6(
=6&5;)650
=26725$*(&5('(1=$),/(6,'(
'[
:[
+5,*+7
+$1':,7+=2%$6(
=6&5;)651
=26725$*(&5('(1=$),/(6,'(
'[
:[
+5,*+7
+$1'12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;)653
=26725$*(&5('(1=$),/(6,'(
'[
:[
+5,*+7
+$1':,7+%/$'(%$6(
=6&5;210
=26725$*(&5('(1=$23(1
'[
:[
+:,7+=2
%$6(
=6&5;211
=26725$*(&5('(1=$23(1
'[
:[
+12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;213
=26725$*(&5('(1=$23(1
'[
:[
+:,7+
%/$'(%$6(
=6&5;210
=26725$*(&5('(1=$23(1
'[
:[
+:,7+=2
%$6(
=6&5;211
=26725$*(&5('(1=$23(1
'[
:[
+12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;213
=26725$*(&5('(1=$23(1
'[
:[
+:,7+
%/$'(%$6(
WĂŐĞϭϴϱŽĨϮϭϬ
992
=6&5;210
=26725$*(&5('(1=$23(1
'[
:[
+:,7+=2
%$6(
=6&5;211
=26725$*(&5('(1=$23(1
'[
:[
+12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;213
=26725$*(&5('(1=$23(1
'[
:[
+:,7+
%/$'(%$6(
=6&5;210
=26725$*(&5('(1=$23(1
'[
:[
+:,7+=2
%$6(
=6&5;211
=26725$*(&5('(1=$23(1
'[
:[
+12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;213
=26725$*(&5('(1=$23(1
'[
:[
+:,7+
%/$'(%$6(
=6&5;2/0
=26725$*(&5('(1=$23(1
'[
:[
+/()7+$1'
:,7+=2%$6(
=6&5;2/1
=26725$*(&5('(1=$23(1
'[
:[
+/()7+$1'
12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;2/3
=26725$*(&5('(1=$23(1
'[
:[
+/()7+$1'
:,7+%/$'(%$6(
=6&5;250
=26725$*(&5('(1=$23(1
'[
:[
+5,*+7
+$1':,7+=2%$6(
=6&5;251
=26725$*(&5('(1=$23(1
'[
:[
+5,*+7
+$1'12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;253
=26725$*(&5('(1=$23(1
'[
:[
+5,*+7
+$1':,7+%/$'(%$6(
=6&5;2/0
=26725$*(&5('(1=$23(1
'[
:[
+/()7+$1'
:,7+=2%$6(
=6&5;2/1
=26725$*(&5('(1=$23(1
'[
:[
+/()7+$1'
12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;2/3
=26725$*(&5('(1=$23(1
'[
:[
+/()7+$1'
:,7+%/$'(%$6(
=6&5;250
=26725$*(&5('(1=$23(1
'[
:[
+5,*+7
+$1':,7+=2%$6(
WĂŐĞϭϴϲŽĨϮϭϬ
993
=6&5;251
=26725$*(&5('(1=$23(1
'[
:[
+5,*+7
+$1'12%$6(
5(029(6)52029(5$/+(,*+7
=6&5;253
=26725$*(&5('(1=$23(1
'[
:[
+5,*+7
+$1':,7+%/$'(%$6(
=6&71
6,'(&$56725$*(:,7+72:%$5
'[
:[
+
:,7+28786%
=6&786%
6,'(&$56725$*(:,7+72:%$5
'[
:[
+:,7+
86%
=6&71
6,'(&$56725$*(:,7+72:%$5
'[
:[
+
:,7+28786%
=6&786%
6,'(&$56725$*(:,7+72:%$5
'[
:[
+:,7+
86%
=63(%)) =26725$*(3('(67$/%2;),/(
'[
:[
+
=63(%))3
=26725$*(3('(67$/%2;),/(
'[
:[
+:,7+
&86+,21
=63(%)0
=26725$*(3('(67$/%2;),/(
'[
:[
+
02%,/(
=63(%)03
=26725$*(3('(67$/%2;),/(
'[
:[
+
02%,/(:,7+&86+,21
=63(%)) =26725$*(3('(67$/%2;),/(
'[
:[
+
=63(%))3
=26725$*(3('(67$/%2;),/(
'[
:[
+:,7+
&86+,21
=63(%)0
=26725$*(3('(67$/%2;),/(
'[
:[
+
02%,/(
=63(%)03
=26725$*(3('(67$/%2;),/(
'[
:[
+
02%,/(:,7+&86+,21
=63(%)) =26725$*(3('(67$/%2;),/(
'[
:[
+
=63(%))3
=26725$*(3('(67$/%2;),/(
'[
:[
+:,7+
&86+,21
=63(%)0
=26725$*(3('(67$/%2;),/(
'[
:[
+
02%,/(
=63(%)03
=26725$*(3('(67$/%2;),/(
'[
:[
+
02%,/(:,7+&86+,21
WĂŐĞϭϴϳŽĨϮϭϬ
994
=63(%)7/
=26725$*(3('(67$/%2;),/(7+528*+
'[
:[
+/()7+$1'
=63(%)75
=26725$*(3('(67$/%2;),/(7+528*+
'[
:[
+5,*+7+$1'
=63(%)7/
=26725$*(3('(67$/%2;),/(7+528*+
'[
:[
+/()7+$1'
=63(%)75
=26725$*(3('(67$/%2;),/(7+528*+
'[
:[
+5,*+7+$1'
=63(%)7/
=26725$*(3('(67$/%2;),/(7+528*+
'[
:[
+/()7+$1'
=63(%)75
=26725$*(3('(67$/%2;),/(7+528*+
'[
:[
+5,*+7+$1'
=63(%)7/
=26725$*(3('(67$/%2;),/(7+528*+
'[
:[
+/()7+$1'
=63(%)75
=26725$*(3('(67$/%2;),/(7+528*+
'[
:[
+5,*+7+$1'
=63(%)7/
=26725$*(3('(67$/%2;),/(7+528*+
'[
:[
+/()7+$1'
=63(%)75
=26725$*(3('(67$/%2;),/(7+528*+
'[
:[
+5,*+7+$1'
=63(%)7/
=26725$*(3('(67$/%2;),/(7+528*+
'[
:[
+/()7+$1'
=63(%)75
=26725$*(3('(67$/%2;),/(7+528*+
'[
:[
+5,*+7+$1'
=63()) =26725$*(3('(67$/),/(
'[
:[
+
=63())3
=26725$*(3('(67$/),/(
'[
:[
+:,7+
&86+,21
=63()0 =26725$*(3('(67$/),/(
'[
:[
+02%,/(
=63()03
=26725$*(3('(67$/),/(
'[
:[
+02%,/(
:,7+&86+,21
=63()) =26725$*(3('(67$/),/(
'[
:[
+
WĂŐĞϭϴϴŽĨϮϭϬ
995
=63())3
=26725$*(3('(67$/),/(
'[
:[
+:,7+
&86+,21
=63()0 =26725$*(3('(67$/),/(
'[
:[
+02%,/(
=63()03
=26725$*(3('(67$/),/(
'[
:[
+02%,/(
:,7+&86+,21
=63()) =26725$*(3('(67$/),/(
'[
:[
+
=63())3
=26725$*(3('(67$/),/(
'[
:[
+:,7+
&86+,21
=63()0 =26725$*(3('(67$/),/(
'[
:[
+02%,/(
=63()03
=26725$*(3('(67$/),/(
'[
:[
+02%,/(
:,7+&86+,21
=63()7/
=26725$*(3('(67$/),/(7+528*+
'[
:[
+
/()7+$1'
=63()75
=26725$*(3('(67$/),/(7+528*+
'[
:[
+
5,*+7+$1'
=63()7/
=26725$*(3('(67$/),/(7+528*+
'[
:[
+
/()7+$1'
=63()75
=26725$*(3('(67$/),/(7+528*+
'[
:[
+
5,*+7+$1'
=63()7/
=26725$*(3('(67$/),/(7+528*+
'[
:[
+
/()7+$1'
=63()75
=26725$*(3('(67$/),/(7+528*+
'[
:[
+
5,*+7+$1'
=63()7/
=26725$*(3('(67$/),/(7+528*+
'[
:[
+
/()7+$1'
=63()75
=26725$*(3('(67$/),/(7+528*+
'[
:[
+
5,*+7+$1'
=63()7/
=26725$*(3('(67$/),/(7+528*+
'[
:[
+
/()7+$1'
=63()75
=26725$*(3('(67$/),/(7+528*+
'[
:[
+
5,*+7+$1'
WĂŐĞϭϴϵŽĨϮϭϬ
996
=63()7/
=26725$*(3('(67$/),/(7+528*+
'[
:[
+
/()7+$1'
=63()75
=26725$*(3('(67$/),/(7+528*+
'[
:[
+
5,*+7+$1'
=63(%)) =26725$*(3('(67$/%2;),/(
'[
:[
+
=63(%))3
=26725$*(3('(67$/%2;),/(
'[
:[
+:,7+
&86+,21
=63(%)0 =26725$*(3('(67$/%2;),/(
'[
:[
+02%,/(
=63(%)03
=26725$*(3('(67$/%2;),/(
'[
:[
+02%,/(
:,7+&86+,21
=63(%)) =26725$*(3('(67$/%2;),/(
'[
:[
+
=63(%))3
=26725$*(3('(67$/%2;),/(
'[
:[
+:,7+
&86+,21
=63(%)0 =26725$*(3('(67$/%2;),/(
'[
:[
+02%,/(
=63(%)03
=26725$*(3('(67$/%2;),/(
'[
:[
+02%,/(
:,7+&86+,21
=63(%)) =26725$*(3('(67$/%2;),/(
'[
:[
+
=63(%))3
=26725$*(3('(67$/%2;),/(
'[
:[
+:,7+
&86+,21
=63(%)0 =26725$*(3('(67$/%2;),/(
'[
:[
+02%,/(
=63(%)03
=26725$*(3('(67$/%2;),/(
'[
:[
+02%,/(
:,7+&86+,21
=63(%)) =26725$*(3('(67$/%2;),/(
'[
:[
+
=63(%))3
=26725$*(3('(67$/%2;),/(
'[
:[
+:,7+
&86+,21
=63(%)0 =26725$*(3('(67$/%2;),/(
'[
:[
+02%,/(
=63(%)03
=26725$*(3('(67$/%2;),/(
'[
:[
+02%,/(
:,7+&86+,21
=63(%)) =26725$*(3('(67$/%2;),/(
'[
:[
+
WĂŐĞϭϵϬŽĨϮϭϬ
997
=63(%))3
=26725$*(3('(67$/%2;),/(
'[
:[
+:,7+
&86+,21
=63(%)0 =26725$*(3('(67$/%2;),/(
'[
:[
+02%,/(
=63(%)03
=26725$*(3('(67$/%2;),/(
'[
:[
+02%,/(
:,7+&86+,21
=63(%)) =26725$*(3('(67$/%2;),/(
'[
:[
+
=63(%))3
=26725$*(3('(67$/%2;),/(
'[
:[
+:,7+
&86+,21
=63(%)0 =26725$*(3('(67$/%2;),/(
'[
:[
+02%,/(
=63(%)03
=26725$*(3('(67$/%2;),/(
'[
:[
+02%,/(
:,7+&86+,21
=63('/ =26725$*(3('(67$/'225
'[
:[
+/()7+$1'
=63('5
=26725$*(3('(67$/'225
'[
:[
+5,*+7
+$1'
=63('/ =26725$*(3('(67$/'225
'[
:[
+/()7+$1'
=63('5
=26725$*(3('(67$/'225
'[
:[
+5,*+7
+$1'
=63('/ =26725$*(3('(67$/'225
'[
:[
+/()7+$1'
=63('5
=26725$*(3('(67$/'225
'[
:[
+5,*+7
+$1'
=63(2) =26725$*(3('(67$/23(1
'[
:[
+),;('
=63(2) =26725$*(3('(67$/23(1
'[
:[
+),;('
=63(2) =26725$*(3('(67$/23(1
'[
:[
+),;('
=63(27/
=26725$*(3('(67$/23(17+528*+
'[
:[
+
/()7+$1'
=63(275
=26725$*(3('(67$/23(17+528*+
'[
:[
+
5,*+7+$1'
WĂŐĞϭϵϭŽĨϮϭϬ
998
=63(27/
=26725$*(3('(67$/23(17+528*+
'[
:[
+
/()7+$1'
=63(275
=26725$*(3('(67$/23(17+528*+
'[
:[
+
5,*+7+$1'
=63(27/
=26725$*(3('(67$/23(17+528*+
'[
:[
+
/()7+$1'
=63(275
=26725$*(3('(67$/23(17+528*+
'[
:[
+
5,*+7+$1'
=63(27/
=26725$*(3('(67$/23(17+528*+
'[
:[
+
/()7+$1'
=63(275
=26725$*(3('(67$/23(17+528*+
'[
:[
+
5,*+7+$1'
=63(27/
=26725$*(3('(67$/23(17+528*+
'[
:[
+
/()7+$1'
=63(275
=26725$*(3('(67$/23(17+528*+
'[
:[
+
5,*+7+$1'
=63(27/
=26725$*(3('(67$/23(17+528*+
'[
:[
+
/()7+$1'
=63(275
=26725$*(3('(67$/23(17+528*+
'[
:[
+
5,*+7+$1'
=63(3%)) =26725$*(3('(67$/3(1&,/%2;),/(
'[
:[
+
=63(3%))3
=26725$*(3('(67$/3(1&,/%2;),/(
'[
:[
+
:,7+&86+,21
=63(3%)0
=26725$*(3('(67$/3(1&,/%2;),/(
'[
:[
+
02%,/(
=63(3%)03
=26725$*(3('(67$/3(1&,/%2;),/(
'[
:[
+
02%,/(:,7+&86+,21
=63(3%)) =26725$*(3('(67$/3(1&,/%2;),/(
'[
:[
+
=63(3%))3
=26725$*(3('(67$/3(1&,/%2;),/(
'[
:[
+
:,7+&86+,21
WĂŐĞϭϵϮŽĨϮϭϬ
999
=63(3%)0
=26725$*(3('(67$/3(1&,/%2;),/(
'[
:[
+
02%,/(
=63(3%)03
=26725$*(3('(67$/3(1&,/%2;),/(
'[
:[
+
02%,/(:,7+&86+,21
=63(3%)) =26725$*(3('(67$/3(1&,/%2;),/(
'[
:[
+
=63(3%))3
=26725$*(3('(67$/3(1&,/%2;),/(
'[
:[
+
:,7+&86+,21
=63(3%)0
=26725$*(3('(67$/3(1&,/%2;),/(
'[
:[
+
02%,/(
=63(3%)03
=26725$*(3('(67$/3(1&,/%2;),/(
'[
:[
+
02%,/(:,7+&86+,21
=66.&/2
=26725$*(6,'(.,&.&20%2
'[
:[
+/()7
+$1'23(1
=66.&52
=26725$*(6,'(.,&.&20%2
'[
:[
+5,*+7
+$1'23(1
=66.&/2
=26725$*(6,'(.,&.&20%2
'[
:[
+/()7
+$1'23(1
=66.&52
=26725$*(6,'(.,&.&20%2
'[
:[
+5,*+7
+$1'23(1
=66.&/2
=26725$*(6,'(.,&.&20%2
'[
:[
+/()7
+$1'23(1
=66.&52
=26725$*(6,'(.,&.&20%2
'[
:[
+5,*+7
+$1'23(1
=66.&/2
=26725$*(6,'(.,&.&20%2
'[
:[
+/()7
+$1'23(1
=66.&52
=26725$*(6,'(.,&.&20%2
'[
:[
+5,*+7
+$1'23(1
=66.&/2
=26725$*(6,'(.,&.&20%2
'[
:[
+/()7
+$1'23(1
=66.&52
=26725$*(6,'(.,&.&20%2
'[
:[
+5,*+7
+$1'23(1
WĂŐĞϭϵϯŽĨϮϭϬ
1000
=66.&/2
=26725$*(6,'(.,&.&20%2
'[
:[
+/()7
+$1'23(1
=66.&52
=26725$*(6,'(.,&.&20%2
'[
:[
+5,*+7
+$1'23(1
=66.&/2
=26725$*(6,'(.,&.&20%2
'[
:[
+/()7
+$1'23(1
=66.&52
=26725$*(6,'(.,&.&20%2
'[
:[
+5,*+7
+$1'23(1
=66.&/2
=26725$*(6,'(.,&.&20%2
'[
:[
+/()7
+$1'23(1
=66.&52
=26725$*(6,'(.,&.&20%2
'[
:[
+5,*+7
+$1'23(1
=66.&6/2
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
/()7+$1'23(1
=66.&652
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
5,*+7+$1'23(1
=66.&6/2
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
/()7+$1'23(1
=66.&652
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
5,*+7+$1'23(1
=66.&6/2
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
/()7+$1'23(1
=66.&652
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
5,*+7+$1'23(1
=66.&6/2
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
/()7+$1'23(1
=66.&652
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
5,*+7+$1'23(1
=66.&6/2
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
/()7+$1'23(1
=66.&652
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
5,*+7+$1'23(1
WĂŐĞϭϵϰŽĨϮϭϬ
1001
=66.&6/2
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
/()7+$1'23(1
=66.&652
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
5,*+7+$1'23(1
=66.&6/2
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
/()7+$1'23(1
=66.&652
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
5,*+7+$1'23(1
=66.&6/2
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
/()7+$1'23(1
=66.&652
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
5,*+7+$1'23(1
=66.&:/2
=26725$*(6,'(.,&.&20%2:$5'52%(
'[
:[
+/()7+$1'23(1
=66.&:52
=26725$*(6,'(.,&.&20%2:$5'52%(
'[
:[
+5,*+7+$1'23(1
=66.&:/2
=26725$*(6,'(.,&.&20%2:$5'52%(
'[
:[
+/()7+$1'23(1
=66.&:52
=26725$*(6,'(.,&.&20%2:$5'52%(
'[
:[
+5,*+7+$1'23(1
=66.&:/2
=26725$*(6,'(.,&.&20%2:$5'52%(
'[
:[
+/()7+$1'23(1
=66.&:52
=26725$*(6,'(.,&.&20%2:$5'52%(
'[
:[
+5,*+7+$1'23(1
=66.&:/2
=26725$*(6,'(.,&.&20%2:$5'52%(
'[
:[
+/()7+$1'23(1
=66.&:52
=26725$*(6,'(.,&.&20%2:$5'52%(
'[
:[
+5,*+7+$1'23(1
=66.&:6/2
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
/()7+$1'23(1
=66.&:652
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
5,*+7+$1'23(1
WĂŐĞϭϵϱŽĨϮϭϬ
1002
=66.&:6/2
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
/()7+$1'23(1
=66.&:652
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
5,*+7+$1'23(1
=66.&:6/2
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
/()7+$1'23(1
=66.&:652
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
5,*+7+$1'23(1
=66.&:6/2
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
/()7+$1'23(1
=66.&:652
=26725$*(68332576,'(.,&.&20%2
'[
:[
+
5,*+7+$1'23(1
=66.)/2
=26725$*(6,'(.,&.),/(
'[
:[
+/()7+$1'
23(1
=66.)52
=26725$*(6,'(.,&.),/(
'[
:[
+5,*+7+$1'
23(1
=66.)/2
=26725$*(6,'(.,&.),/(
'[
:[
+/()7+$1'
23(1
=66.)52
=26725$*(6,'(.,&.),/(
'[
:[
+5,*+7+$1'
23(1
=66.)/2
=26725$*(6,'(.,&.),/(
'[
:[
+/()7+$1'
23(1
=66.)52
=26725$*(6,'(.,&.),/(
'[
:[
+5,*+7+$1'
23(1
=66.)/2
=26725$*(6,'(.,&.),/(
'[
:[
+/()7+$1'
23(1
=66.)52
=26725$*(6,'(.,&.),/(
'[
:[
+5,*+7+$1'
23(1
=66.)/2
=26725$*(6,'(.,&.),/(
'[
:[
+/()7+$1'
23(1
=66.)52
=26725$*(6,'(.,&.),/(
'[
:[
+5,*+7+$1'
23(1
WĂŐĞϭϵϲŽĨϮϭϬ
1003
=66.)/2
=26725$*(6,'(.,&.),/(
'[
:[
+/()7+$1'
23(1
=66.)52
=26725$*(6,'(.,&.),/(
'[
:[
+5,*+7+$1'
23(1
=66.)/2
=26725$*(6,'(.,&.),/(
'[
:[
+/()7+$1'
23(1
=66.)52
=26725$*(6,'(.,&.),/(
'[
:[
+5,*+7+$1'
23(1
=66.)/2
=26725$*(6,'(.,&.),/(
'[
:[
+/()7+$1'
23(1
=66.)52
=26725$*(6,'(.,&.),/(
'[
:[
+5,*+7+$1'
23(1
=66.)6/2
=26725$*(68332576,'(.,&.),/(
'[
:[
+
/()7+$1'23(1
=66.)652
=26725$*(68332576,'(.,&.),/(
'[
:[
+
5,*+7+$1'23(1
=66.)6/2
=26725$*(68332576,'(.,&.),/(
'[
:[
+
/()7+$1'23(1
=66.)652
=26725$*(68332576,'(.,&.),/(
'[
:[
+
5,*+7+$1'23(1
=66.)6/2
=26725$*(68332576,'(.,&.),/(
'[
:[
+
/()7+$1'23(1
=66.)652
=26725$*(68332576,'(.,&.),/(
'[
:[
+
5,*+7+$1'23(1
=66.)6/2
=26725$*(68332576,'(.,&.),/(
'[
:[
+
/()7+$1'23(1
=66.)652
=26725$*(68332576,'(.,&.),/(
'[
:[
+
5,*+7+$1'23(1
=66.)6/2
=26725$*(68332576,'(.,&.),/(
'[
:[
+
/()7+$1'23(1
=66.)652
=26725$*(68332576,'(.,&.),/(
'[
:[
+
5,*+7+$1'23(1
WĂŐĞϭϵϳŽĨϮϭϬ
1004
=66.)6/2
=26725$*(68332576,'(.,&.),/(
'[
:[
+
/()7+$1'23(1
=66.)652
=26725$*(68332576,'(.,&.),/(
'[
:[
+
5,*+7+$1'23(1
=66.)6/2
=26725$*(68332576,'(.,&.),/(
'[
:[
+
/()7+$1'23(1
=66.)652
=26725$*(68332576,'(.,&.),/(
'[
:[
+
5,*+7+$1'23(1
=66.)6/2
=26725$*(68332576,'(.,&.),/(
'[
:[
+
/()7+$1'23(1
=66.)652
=26725$*(68332576,'(.,&.),/(
'[
:[
+
5,*+7+$1'23(1
=66.):/2
=26725$*(6,'(.,&.),/(:$5'52%(
'[
:[
+
/()7+$1'23(1
=66.):52
=26725$*(6,'(.,&.),/(:$5'52%(
'[
:[
+
5,*+7+$1'23(1
=66.):/2
=26725$*(6,'(.,&.),/(:$5'52%(
'[
:[
+
/()7+$1'23(1
=66.):52
=26725$*(6,'(.,&.),/(:$5'52%(
'[
:[
+
5,*+7+$1'23(1
=66.):/2
=26725$*(6,'(.,&.),/(:$5'52%(
'[
:[
+
/()7+$1'23(1
=66.):52
=26725$*(6,'(.,&.),/(:$5'52%(
'[
:[
+
5,*+7+$1'23(1
=66.):/2
=26725$*(6,'(.,&.),/(:$5'52%(
'[
:[
+
/()7+$1'23(1
=66.):52
=26725$*(6,'(.,&.),/(:$5'52%(
'[
:[
+
5,*+7+$1'23(1
=66.):6/2
=26725$*(68332576,'(.,&.),/(
'[
:[
+
/()7+$1'23(1
=66.):652
=26725$*(68332576,'(.,&.),/(
'[
:[
+
5,*+7+$1'23(1
WĂŐĞϭϵϴŽĨϮϭϬ
1005
=66.):6/2
=26725$*(68332576,'(.,&.),/(
'[
:[
+
/()7+$1'23(1
=66.):652
=26725$*(68332576,'(.,&.),/(
'[
:[
+
5,*+7+$1'23(1
=66.):6/2
=26725$*(68332576,'(.,&.),/(
'[
:[
+
/()7+$1'23(1
=66.):652
=26725$*(68332576,'(.,&.),/(
'[
:[
+
5,*+7+$1'23(1
=66.):6/2
=26725$*(68332576,'(.,&.),/(
'[
:[
+
/()7+$1'23(1
=66.):652
=26725$*(68332576,'(.,&.),/(
'[
:[
+
5,*+7+$1'23(1
=667'/ =26725$*(67$&.(5'225'[:[+/()7+$1' =667'5
=26725$*(67$&.(5'225'[:[+5,*+7
+$1'
=667'/ =26725$*(67$&.(5'225'[:[+/()7+$1' =667'5
=26725$*(67$&.(5'225'[:[+5,*+7
+$1'
=667' =26725$*(67$&.(5'225'[:[+ =667'1 =26725$*(67$&.(5'225'[:[+ =667'1 =26725$*(67$&.(5'225'[:[+ =667' =26725$*(67$&.(5'225'[:[+ =667'1 =26725$*(67$&.(5'225'[:[+
=667'1 =26725$*(67$&.(5'225'[:[+ =667' =26725$*(67$&.(5'225'[:[+ =667'1 =26725$*(67$&.(5'225'[:[+ =667'1 =26725$*(67$&.(5'225'[:[+ =667'2/
=26725$*(67$&.(5'22523(1'[:[+/()7 +$1'
=667'25
=26725$*(67$&.(5'22523(1'[:[+
5,*+7+$1'
WĂŐĞϭϵϵŽĨϮϭϬ
1006
=667'2/
=26725$*(67$&.(5'22523(1'[:[+/()7 +$1'
=667'25
=26725$*(67$&.(5'22523(1'[:[+
5,*+7+$1'
=667'2/
=26725$*(67$&.(5'22523(1'[:[+/()7 +$1'
=667'25
=26725$*(67$&.(5'22523(1'[:[+
5,*+7+$1'
=667'7/
=26725$*(67$&.(5'2257+528*+'[:[+ /()7+$1'
=667'75
=26725$*(67$&.(5'2257+528*+'[:[+ 5,*+7+$1'
=667'7/
=26725$*(67$&.(5'2257+528*+'[:[+ /()7+$1'
=667'75
=26725$*(67$&.(5'2257+528*+'[:[+ 5,*+7+$1'
=667'7/
=26725$*(67$&.(5'2257+528*+'[:[+ /()7+$1'
=667'75
=26725$*(67$&.(5'2257+528*+'[:[+ 5,*+7+$1'
=667'7/
=26725$*(67$&.(5'2257+528*+'[:[+ /()7+$1'
=667'75
=26725$*(67$&.(5'2257+528*+'[:[+ 5,*+7+$1'
=6672 =26725$*(67$&.(523(1'[:[+ =6672 =26725$*(67$&.(523(1'[:[+ =6672 =26725$*(67$&.(523(1'[:[+ =6672 =26725$*(67$&.(523(1'[:[+ =6672 =26725$*(67$&.(523(1'[:[+ =6672 =26725$*(67$&.(523(1'[:[+ =6672 =26725$*(67$&.(523(1'[:[+ =6672 =26725$*(67$&.(523(1'[:[+
=6672 =26725$*(67$&.(523(1'[:[+ WĂŐĞϮϬϬŽĨϮϭϬ
1007
=6672 =26725$*(67$&.(523(1'[:[+ =6672 =26725$*(67$&.(523(1'[:[+
=6672 =26725$*(67$&.(523(1'[:[+ =6672 =26725$*(67$&.(523(1'[:[+ =6672 =26725$*(67$&.(523(1'[:[+ =66727/
=26725$*(67$&.(523(17+528*+'[:[+ /()7+$1'
=667275
=26725$*(67$&.(523(17+528*+'[:[+ 5,*+7+$1'
=66727/
=26725$*(67$&.(523(17+528*+'[:[+ /()7+$1'
=667275
=26725$*(67$&.(523(17+528*+'[:[+ 5,*+7+$1'
=66727/
=26725$*(67$&.(523(17+528*+'[:[+ /()7+$1'
=667275
=26725$*(67$&.(523(17+528*+'[:[+ 5,*+7+$1'
=66727/
=26725$*(67$&.(523(17+528*+'[:[+ /()7+$1'
=667275
=26725$*(67$&.(523(17+528*+'[:[+ 5,*+7+$1'
=66762/
=26725$*(67$&.(56,'($&&(6623(1'[:[
+/()7+$1'
=667625
=26725$*(67$&.(56,'($&&(6623(1'[:[
+5,*+7+$1'
=66762/
=26725$*(67$&.(56,'($&&(6623(1'[:[
+/()7+$1'
=667625
=26725$*(67$&.(56,'($&&(6623(1'[:[
+5,*+7+$1'
=66762/
=26725$*(67$&.(56,'($&&(6623(1'[:[
+/()7+$1'
=667625
=26725$*(67$&.(56,'($&&(6623(1'[:[
+5,*+7+$1'
WĂŐĞϮϬϭŽĨϮϭϬ
1008
=66762/
=26725$*(67$&.(56,'($&&(6623(1'[:[
+/()7+$1'
=667625
=26725$*(67$&.(56,'($&&(6623(1'[:[
+5,*+7+$1'
=66762/
=26725$*(67$&.(56,'($&&(6623(1'[:[
+/()7+$1'
=667625
=26725$*(67$&.(56,'($&&(6623(1'[:[
+5,*+7+$1'
=66762/
=26725$*(67$&.(56,'($&&(6623(1'[:[
+/()7+$1'
=667625
=26725$*(67$&.(56,'($&&(6623(1'[:[
+5,*+7+$1'
=667:/
=26725$*(67$&.(5:$5'52%('[:[+/()7 +$1'
=667:5
=26725$*(67$&.(5:$5'52%('[:[+5,*+7 +$1'
=667:2/
=26725$*(67$&.(5:$5'52%(23(1'[:[+ /()7+$1'
=667:25
=26725$*(67$&.(5:$5'52%(23(1'[:[+ 5,*+7+$1'
=667:2/
=26725$*(67$&.(5:$5'52%(23(1'[:[+ /()7+$1'
=667:25
=26725$*(67$&.(5:$5'52%(23(1'[:[+ 5,*+7+$1'
=667:2/
=26725$*(67$&.(5:$5'52%(23(1'[:[+ /()7+$1'
=667:25
=26725$*(67$&.(5:$5'52%(23(1'[:[+ 5,*+7+$1'
=667:2/
=26725$*(67$&.(5:$5'52%(23(1'[:[+ /()7+$1'
=667:25
=26725$*(67$&.(5:$5'52%(23(1'[:[+ 5,*+7+$1'
WĂŐĞϮϬϮŽĨϮϭϬ
1009
=667:67/
=26725$*(67$&.(5:$5'52%(6,'($&&(667+528*+
'[:[+
=667:675
=26725$*(67$&.(5:$5'52%(6,'($&&(66
'[
:
[
+5,*+7+$1'
=667:67/
=26725$*(67$&.(5:$5'52%(6,'($&&(667+528*+
'[:[+
=667:675
=26725$*(67$&.(5:$5'52%(6,'($&&(66
'[
:
[
+5,*+7+$1'
=667:67/
=26725$*(67$&.(5:$5'52%(6,'($&&(667+528*+
'[:[+
=667:675
=26725$*(67$&.(5:$5'52%(6,'($&&(66
'[
:
[
+5,*+7+$1'
=6:'&'/
=26725$*(:$5'52%(&20%2'225
'[
:[
+
/()7+$1'
=6:'&'5
=26725$*(:$5'52%(&20%2'225
'[
:[
+
5,*+7+$1'
=6:'&'/
=26725$*(:$5'52%(&20%2'225
'[
:[
+
/()7+$1'
=6:'&'5
=26725$*(:$5'52%(&20%2'225
'[
:[
+
5,*+7+$1'
=6:'&'/
=26725$*(:$5'52%(&20%2'225
'[
:[
+
/()7+$1'
=6:'&'5
=26725$*(:$5'52%(&20%2'225
'[
:[
+
5,*+7+$1'
=6:'&'/
=26725$*(:$5'52%(&20%2'225
'[
:[
+
/()7+$1'
=6:'&'5
=26725$*(:$5'52%(&20%2'225
'[
:[
+
5,*+7+$1'
=6:'&'/
=26725$*(:$5'52%(&20%2'225
'[
:[
+
/()7+$1'
=6:'&'5
=26725$*(:$5'52%(&20%2'225
'[
:[
+
5,*+7+$1'
WĂŐĞϮϬϯŽĨϮϭϬ
1010
=6:'&'/
=26725$*(:$5'52%(&20%2'225
'[
:[
+
/()7+$1'
=6:'&'5
=26725$*(:$5'52%(&20%2'225
'[
:[
+
5,*+7+$1'
=6:'&'/
=26725$*(:$5'52%(&20%2'225
'[
:[
+
/()7+$1'
=6:'&'5
=26725$*(:$5'52%(&20%2'225
'[
:[
+
5,*+7+$1'
=6:'&'/
=26725$*(:$5'52%(&20%2'225
'[
:[
+
/()7+$1'
=6:'&'5
=26725$*(:$5'52%(&20%2'225
'[
:[
+
5,*+7+$1'
=6:'&'/
=26725$*(:$5'52%(&20%2'225
'[
:[
+
/()7+$1'
=6:'&'5
=26725$*(:$5'52%(&20%2'225
'[
:[
+
5,*+7+$1'
=6:'&2/
=26725$*(:$5'52%(&20%223(1
'[
:[
+
/()7+$1'
=6:'&25
=26725$*(:$5'52%(&20%223(1
'[
:[
+
5,*+7+$1'
=6:'&2/
=26725$*(:$5'52%(&20%223(1
'[
:[
+
/()7+$1'
=6:'&25
=26725$*(:$5'52%(&20%223(1
'[
:[
+
5,*+7+$1'
=6:'&2/
=26725$*(:$5'52%(&20%223(1
'[
:[
+
/()7+$1'
=6:'&25
=26725$*(:$5'52%(&20%223(1
'[
:[
+
5,*+7+$1'
=6:'&2/
=26725$*(:$5'52%(&20%223(1
'[
:[
+
/()7+$1'
=6:'&25
=26725$*(:$5'52%(&20%223(1
'[
:[
+
5,*+7+$1'
WĂŐĞϮϬϰŽĨϮϭϬ
1011
=6:'&2/
=26725$*(:$5'52%(&20%223(1
'[
:[
+
/()7+$1'
=6:'&25
=26725$*(:$5'52%(&20%223(1
'[
:[
+
5,*+7+$1'
=6:'&2/
=26725$*(:$5'52%(&20%223(1
'[
:[
+
/()7+$1'
=6:'&25
=26725$*(:$5'52%(&20%223(1
'[
:[
+
5,*+7+$1'
=6:'&2/
=26725$*(:$5'52%(&20%223(1
'[
:[
+
/()7+$1'
=6:'&25
=26725$*(:$5'52%(&20%223(1
'[
:[
+
5,*+7+$1'
=6:'&2/
=26725$*(:$5'52%(&20%223(1
'[
:[
+
/()7+$1'
=6:'&25
=26725$*(:$5'52%(&20%223(1
'[
:[
+
5,*+7+$1'
=6:'&2/
=26725$*(:$5'52%(&20%223(1
'[
:[
+
/()7+$1'
=6:'&25
=26725$*(:$5'52%(&20%223(1
'[
:[
+
5,*+7+$1'
=6:''/
=26725$*(:$5'52%('225
'[
:[
+/()7
+$1'
=6:''5
=26725$*(:$5'52%('225
'[
:[
+5,*+7
+$1'
=6:''/
=26725$*(:$5'52%('225
'[
:[
+/()7
+$1'
=6:''5
=26725$*(:$5'52%('225
'[
:[
+5,*+7
+$1'
=6:''/
=26725$*(:$5'52%('225
'[
:[
+/()7
+$1'
=6:''5
=26725$*(:$5'52%('225
'[
:[
+5,*+7
+$1'
WĂŐĞϮϬϱŽĨϮϭϬ
1012
=6:')'/
=26725$*(:$5'52%(),/('225
'[
:[
+/()7
+$1'
=6:')'5
=26725$*(:$5'52%(),/('225
'[
:[
+
5,*+7+$1'
=6:')'/
=26725$*(:$5'52%(),/('225
'[
:[
+/()7
+$1'
=6:')'5
=26725$*(:$5'52%(),/('225
'[
:[
+
5,*+7+$1'
=6:')'/
=26725$*(:$5'52%(),/('225
'[
:[
+/()7
+$1'
=6:')'5
=26725$*(:$5'52%(),/('225
'[
:[
+
5,*+7+$1'
=6:')'/
=26725$*(:$5'52%(),/('225
'[
:[
+/()7
+$1'
=6:')'5
=26725$*(:$5'52%(),/('225
'[
:[
+
5,*+7+$1'
=6:')'/
=26725$*(:$5'52%(),/('225
'[
:[
+/()7
+$1'
=6:')'5
=26725$*(:$5'52%(),/('225
'[
:[
+
5,*+7+$1'
=6:')'/
=26725$*(:$5'52%(),/('225
'[
:[
+/()7
+$1'
=6:')'5
=26725$*(:$5'52%(),/('225
'[
:[
+
5,*+7+$1'
=6:')'/
=26725$*(:$5'52%(),/('225
'[
:[
+/()7
+$1'
=6:')'5
=26725$*(:$5'52%(),/('225
'[
:[
+
5,*+7+$1'
=6:')'/
=26725$*(:$5'52%(),/('225
'[
:[
+/()7
+$1'
=6:')'5
=26725$*(:$5'52%(),/('225
'[
:[
+
5,*+7+$1'
WĂŐĞϮϬϲŽĨϮϭϬ
1013
=6:')'/
=26725$*(:$5'52%(),/('225
'[
:[
+/()7
+$1'
=6:')'5
=26725$*(:$5'52%(),/('225
'[
:[
+
5,*+7+$1'
=6:')2/
=26725$*(:$5'52%(),/(23(1
'[
:[
+/()7
+$1'
=6:')25
=26725$*(:$5'52%(),/(23(1
'[
:[
+
5,*+7+$1'
=6:')2/
=26725$*(:$5'52%(),/(23(1
'[
:[
+/()7
+$1'
=6:')25
=26725$*(:$5'52%(),/(23(1
'[
:[
+
5,*+7+$1'
=6:')2/
=26725$*(:$5'52%(),/(23(1
'[
:[
+/()7
+$1'
=6:')25
=26725$*(:$5'52%(),/(23(1
'[
:[
+
5,*+7+$1'
=6:')2/
=26725$*(:$5'52%(),/(23(1
'[
:[
+/()7
+$1'
=6:')25
=26725$*(:$5'52%(),/(23(1
'[
:[
+
5,*+7+$1'
=6:')2/
=26725$*(:$5'52%(),/(23(1
'[
:[
+/()7
+$1'
=6:')25
=26725$*(:$5'52%(),/(23(1
'[
:[
+
5,*+7+$1'
=6:')2/
=26725$*(:$5'52%(),/(23(1
'[
:[
+/()7
+$1'
=6:')25
=26725$*(:$5'52%(),/(23(1
'[
:[
+
5,*+7+$1'
=6:')2/
=26725$*(:$5'52%(),/(23(1
'[
:[
+/()7
+$1'
=6:')25
=26725$*(:$5'52%(),/(23(1
'[
:[
+
5,*+7+$1'
WĂŐĞϮϬϳŽĨϮϭϬ
1014
=6:')2/
=26725$*(:$5'52%(),/(23(1
'[
:[
+/()7
+$1'
=6:')25
=26725$*(:$5'52%(),/(23(1
'[
:[
+
5,*+7+$1'
=6:')2/
=26725$*(:$5'52%(),/(23(1
'[
:[
+/()7
+$1'
=6:')25
=26725$*(:$5'52%(),/(23(1
'[
:[
+
5,*+7+$1'
32:(5B,QIHHG7\SHB+ 32:(5B,QIHHG7\SH 32:(5B,QIHHG7\SHB1< 32:(5B,QIHHG7\SH 32:(5B,QIHHG7\SHB6) 32:(5B,QIHHG7\SH 32:(5B,QIHHG7\SHB6) 32:(5B,QIHHG7\SH 32:(5B%DKQB7RZHUB3 32:(5
7ZLQ86%&KDUJHU
32:(5B&B3OXJ,QB* &(17(532:(5
PP*URPPHW
32:(5B&B3OXJ,QB036% &(17(532:(5
3RZHU'DWD
3OXJ
6LOYHU%ODFN
32:(5B&B3OXJ,QB036: &(17(532:(5
3RZHU'DWD
3OXJ
6LOYHU:KLWH
32:(5B&B3OXJ,QB(36% &(17(532:(5
3RZHU'DWD
3OXJ
6LOYHU%ODFN
32:(5B&B3OXJ,QB(36: &(17(532:(5
3RZHU'DWD
3OXJ
6LOYHU:KLWH
32:(5B,QIHHG7\SHB+ ,1)(('7<3(
+DUGZLUH:KLS
32:(5B,QIHHG7\SHB1< ,1)(('7<3(
1HZ<RUN-%R[
32:(5B,QIHHG7\SHB6) ,1)(('7<3(
6DQ)UDQFLVFR:KLS
32:(5B,QIHHG7\SHB6) ,1)(('7<3(
6DQ)UDQFLVFR:KLS 32:(5B0$',1B+ 32:(57<3(
+DUGZLUH
32:(5B0$',1B& 32:(57<3(
&KLFDJR
32:(5B0&&5(&6PDOOB* &(17(532:(5
PP*URPPHW
32:(5B0&&5(&
6PDOOB0 &(17(532:(5
3RZHU'DWD3OXJ 32:(5B0&&5(&B&B* &(17(532:(5
PP6WDQGDUG*URPPHW
32:(5B0&&5(&B&B0 &(17(532:(5
3RZHU'DWD
32:(5B0&&5(&B&B( &(17(532:(5
3RZHU'DWD
32:(5B0&&5(&B(B* (1'32:(5
PP6WDQGDUG*URPPHW
32:(5B0&&5(&B(B0 (1'32:(5
3RZHU'DWD
WĂŐĞϮϬϴŽĨϮϭϬ
1015
32:(5B0&&5(&B(B( (1'32:(5
3RZHU'DWD
32:(5B0&&5(&B(B* (1'32:(5
PP6WDQGDUG*URPPHW
32:(5B0&&5(&B(B0 (1'32:(5
3RZHU'DWD
32:(5B0&&5(&B(B( (1'32:(5
3RZHU'DWD
32:(5B3RZHU'DWDB3 3OXJ'DWD 32:(5B3RZHU'DWDB3 3OXJ1R'DWD 32:(5B3RZHU'DWDB3 3OXJ'DWD:LWK9HUWLFDO&DEOH&KDQQHO 32:(5B3RZHU'DWDB3 3OXJ1R'DWD:LWK9HUWLFDO&DEOH&KDQQHO 32:(5B3RZHU'DWD
B3 3OXJ'DWD:LWK9HUWLFDO&DEOH&KDQQHO 32:(5B3RZHU'DWD
B3 3OXJ1R'DWD:LWK9HUWLFDO&DEOH&KDQQHO
32:(5B6HYHQ7DEOH3RZHUB3
32:(5
3OXJ'DWD:KLWH
32:(5B6HYHQ7DEOH3RZHUB3
32:(5
3OXJ1R'DWD:KLWH
32:(5B6HYHQ7DEOH3RZHUB3
32:(5
3OXJ'DWD:KLWH
32:(5B6HYHQ7DEOH3RZHUB3
32:(5
3OXJ1R'DWD:KLWH
%$6(B7LDB7= 7LD3RZHU
&21)(5(1&(%$6(B7LDB7
= 7LD3RZHU
32:(5B7LD&HQWHUB&
:$7)
&(17(5
,1685)$&()8//32:(5'8$/86%+'0,
&$7(
32:(5B7LD(QGB&:$76 &(17(5
,1685)$&(%$6,&287/(73/8*675,3 32:(5B7LD(QGB&
:$72 &(17(5
,1685)$&(23(1
WĂŐĞϮϬϵŽĨϮϭϬ
1016
32:(5B7LD'HVN5+B8 3(5621$/32:(5'2&.32:(5'8$/86% %$6(
67</(B6HYHQ%DVH2QO\=
<B:(/ :(//1(666:,7&+
%$6(
67</(B6HYHQ%DVH2QO\=
<B0(0 0(025<6:,7&+
%$6(
67</(B6HYHQ'XDO:%B:(/ :(//1(666:,7&+ %$6(
67</(B6HYHQ'XDO:%B0(
0 0(025<6:,7&+
%5$&.(7BB< :LWK)L[LQJ%UDFNHW &XWRXWB00B%B* 21(0,52*5200(7 ,1)(('B%1&LUFXLWB+ +$5':,5( ,1)(('B%1&LUFXLWB+ +$5':,5( ,1)(('B%1&LUFXLWB6) 6$1)5$16,6&2 ,1)(('B%1&LUFXLWB6) 6$1)5$16,6&2 ,1)(('B%1&LUFXLWB1< 1(:<25. ,1)(('B%16LQJOHB6*/ 6,1*/(&,5&8,7 03(&8 0HUFXU\3UR(QYLURQPHQW&RQWURO3DFNDJH WĂŐĞϮϭϬŽĨϮϭϬ
1017
City of
LEMOORE
CALIFORNIA
711 West Cinnamon Drive Lemoore, California 93245 (559) 924-6744 Fax (559) 924-9003 Staff Report
Item No: 3-8
To: Lemoore City Council
From: Frank Rivera, Public Works Director
Date: November 23, 2022 Meeting Date: December 6, 2022
Subject: Bid Award – Cimarron Lift Station – CIP 5309
Strategic Initiative:
☐ Safe & Vibrant Community ☐ Growing & Dynamic Economy
☐ Fiscally Sound Government ☐ Operational Excellence
☒ Community & Neighborhood Livability ☐ Not Applicable
Proposed Motion:
Award the Cimarron Lift Station Project (CIP 5309) to Steve Dovali Construction in the amount of $368,583 and allocate an additional 10% for project contingency and authorize the City Manager, or designee, to execute the agreement.
Subject/Discussion:
The Cimarron Lift Station is located at the intersection of Belle Haven Drive and Park Lane. This project is to remove and rehabilitate the current wet well and upgrade electrical components. The contractor will install new sensors and pumps as well as redo the wet well concrete cover. The project was advertised October 6, 2022 and bids were opened on November 16, 2022. The lowest bid received was from Steve Doyali Construction, Inc. in the amount of $368, 583.
Other bids received are as follows:
Dawson-Mauldin LLC - $ 413,100
W.M. Lyles- $ 431,000
HPS Mechanical, Inc- $465,480
1018
Financial Consideration (s):,
The amount of the bid is $368,583 and an additional 10% for project contingency. This project is funded utilizing local funds. Project 5309 was approved by City Council on September 20, 2022 with a project budget of $550,000.
Alternatives or Pros/Cons:
Pros:
• Increase productivity of the well and sustainability for lift station.
Cons:
• None noted.
Commission/Board Recommendation:
N/A
Staff Recommendation:
Staff recommends Council award the Cimarron Lift Station Project to Steve Dovali Construction in the amount of $368,583 and allocate an additional 10% for project contingency and authorize the City Manager, or designee, to execute the agreement.
Attachments: Review: Date:
☐ Resolution: ☒ Asst. City Manager 11/23/2022
☐ Ordinance: ☒ City Attorney 11/29/2022
☐ Map ☒ City Clerk 11/30/2022
☒ Contract ☒ City Manager 11/28/2022
☐ Other ☐ Finance
List:
1019
AGREEMENT BETWEEN OWNER AND CONTRACTOR
This Agreement, effective ________________, 2022, is by and between City of Lemoore California, hereinafter called the "Owner" and Steve Dovali Construction Inc., hereinafter called the "Contractor."
WITNESSETH: That the Contractor and the Owner for the consideration hereinafter named agree as follows:
ARTICLE I. SCOPE OF WORK. The Contractor agrees to furnish all labor, equipment and materials, including tools, implements, and appliances required, and to perform all the Work in a good and workmanlike manner, free from any and all liens and claims from mechanics, material suppliers, subcontractors, artisans, machinists, teamsters, freight carriers, and laborers required for construction of the Cimarron Lift Station Project (the “Project”) which is located at Belle Haven Drive and Park Lane in Lemoore, CA. All work under this Agreement shall be in strict compliance with the plans, drawings, and specifications prepared by:
Jeff Cowart
901 E Main St
Visalia, CA 93292
and other Contract Documents relating thereto.
Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, transportation, and other facilities and services necessary for the proper execution and completion of the Project. The Contractor shall at all times enforce strict discipline and good order among Contractor’s employees and subcontractors and shall not employ on the Project anyone not skilled in the task assigned. Contractor shall, for the duration of this Agreement, maintain all required licenses, certifications, and any other qualifications necessary to carry out the Project.
Any employee of Contractor or employee of Contractor’s subcontractors, suppliers or material men Owner deems not skilled or otherwise unqualified for the task assigned shall, upon Owner’s request, be dismissed from the site.
During the Work, the Contractor shall ensure that all Work, including but not limited to Work performed by Subcontractors, is performed in compliance with all applicable legal, contractual, and local government requirements related to the novel coronavirus and COVID-19, including “social distancing,” masks, and hygiene as may be ordered by the State or local authorities and as may be directed in the Contract Documents.
ARTICLE II. CONTRACT DOCUMENTS. The Contractor and the Owner agree that all of the documents listed in Article 1.1.1 of the General Conditions (attached as Exhibit A) form the Contract Documents which form the Contract.
ARTICLE III. TIME TO COMPLETE AND LIQUIDATED DAMAGES.
Time is of the essence in this Contract, and the time of Completion for the Work (“the 1020
Contract Time”) shall be Thirty (30) working days which shall start to run on (a) the date of commencement of the Work as established in the Owner’s Notice to Proceed, or (b) if no date of commencement is established in a Notice to Proceed from Owner, the date of Contractor’s actual commencement of the Work (including mobilization).
Failure to Complete the Work within the Contract Time and in the manner provided for by the Contract Documents, or failure to complete any specified portion of the Work by a milestone deadline, shall subject the Contractor to liquidated damages. The actual occurrence of damages and the actual amount of the damages which the Owner would suffer if the Work were not Completed within the Contract Time, or if any specified portion of the Work were not completed by a milestone deadline, are dependent upon many circumstances and conditions which could prevail in various combinations and, from the nature of the case, it is impracticable and extremely difficult to fix the actual damages. Damages which the Owner would suffer in the event of such delay include, but are not limited to, loss of the use of the Work, disruption of activities, costs of administration and supervision, third party claims, and the incalculable inconvenience and loss suffered by the public.
Accordingly, the parties agree that $1,000 per calendar day of delay shall be the damages which the Owner shall directly incur upon failure of the Contractor to Complete the Work within the Contract Time or Complete any specified portion of the Work by a milestone deadline, as described above. Liquidated damages will accrue for failure to meet milestone deadlines even if the Contractor Completes the Work within the Contract Time.
In addition, to the extent applicable, Contractor shall be subject to liquidated damages, or actual damages if liquidated damages are not recoverable under law, for causing another contractor on the Project to fail to timely complete its work under its contract or for causing delayed completion of the Project. The actual occurrence of damages and the actual amount of the damages which the Owner would suffer if another contractor on the Project were to fail to timely complete its work under its contract or delay completion of the Project are dependent upon many circumstances and conditions which could prevail in various combinations and, from the nature of the case, it is impracticable and extremely difficult to fix the actual damages. Damages which the Owner would suffer in the event of such delay include, but are not limited to, loss of the use of the Work, loss of use of the other contractor’s work, loss of use of the Project, disruption of activities, costs of administration and supervision, third party claims, the incalculable inconvenience and loss suffered by the public, and an Owner’s inability to recover its delay damages from the contractors whose work was delayed by Contractor.
Accordingly, the parties agree that $1,000 for each calendar day of delay shall be the amount of damages which the Owner shall directly incur upon Contractor causing another contractor on the Project to fail to timely complete its work under its contract or causing delayed completion of the Project.
For Contractor’s obligations regarding claims against Owner from other contractors on the Project alleging that Contractor caused delays to their work, see General Conditions sections 3.7.4,
3.16, 6.2.3, and 6.2.4.
1021
If liquidated damages accrue as described above, the Owner, in addition to all other remedies provided by law, shall have the right to assess the liquidated damages at any time, and to withhold liquidated damages (and any interest thereon) at any time from any and all retention or progress payments, which would otherwise be or become due the Contractor. In addition, if it is reasonably apparent to the Owner before liquidated damages begin to accrue that they will accrue, Owner may assess and withhold, from retention or progress payments, the estimated amount of liquidated damages that will accrue in the future. If the retained percentage or withheld progress payments are not sufficient to discharge all liabilities of the Contractor incurred under this Article, the Contractor and its sureties shall continue to remain liable to the Owner until all such liabilities are satisfied in full.
If Owner accepts any work or makes any payment under the Contract Documents after a default by reason of delays, the payment or payments shall in no respect constitute a waiver or modification of any provision in the Contract Documents regarding time of Completion, milestone deadlines, or liquidated damages.
ARTICLE IV. PAYMENT AND RETENTION. The Owner agrees to pay the Contractor Three hundred sixty-eight thousand five hundred and eight-three dollars and zero cents ($368,583.00) for work satisfactorily performed after receipt of properly documented and submitted Applications for Payment and to make payments on account thereof, as provided in the General Conditions.
The above contract price does not include any special allowances.
ARTICLE V. CHANGES. Changes in this Agreement or in the Work to be done under this Agreement shall be made as provided in the General Conditions Art. 7.
ARTICLE VI. TERMINATION. The Owner or Contractor may terminate the Contract as provided in the General Conditions Art. 14.
ARTICLE VII. PREVAILING WAGES. The Project is a public work. The Work shall be performed as a public work and pursuant to the provisions of Section 1770 et seq. of the Labor Code of the State of California, which are hereby incorporated by reference and made a part hereof.
The Director of Industrial Relations has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the Work is to be performed, for each craft, classification or type of worker needed to execute this Contract.
Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at the Owner's principal office. The rate of prevailing wage for any craft, classification or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreement.
1022
The Contractor and any subcontractor under the Contractor as a penalty to the Owner shall forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
The Contractor and each Subcontractor shall keep or cause to be kept an accurate record for Work on this Contract and Project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the Owner, its officers and agents and to the representatives of the Division of Labor Standards Enforcement of the State Department of Industrial Relations. The Contractor and each subcontractor shall furnish a certified copy of all payroll records directly to the Labor Commissioner at least monthly.
Public works projects shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations. For all projects over Twenty-five Thousand Dollars ($25,000), a contractor or subcontractor shall not be qualified to submit a bid or to be listed in a bid proposal subject to the requirements of Public Contract Code section 4104 unless currently registered and qualified under Labor Code section 1725.5 to perform public work as defined by Division 2, Part 7, Chapter 1 (§§ 1720 et seq.) of the Labor Code. For all projects over Twenty-five Thousand Dollars ($25,000), a contractor or subcontractor shall not be qualified to enter into, or engage in the performance of, any contract of public work (as defined by Division 2, Part 7, Chapter 1 (§§ 1720 et seq.) of the Labor Code) unless currently registered and qualified under Labor Code section 1725.5 to perform public work.
ARTICLE VIII. WORKING HOURS. In accordance with the provisions of Sections 1810 to 1815, inclusive, of the Labor Code of the State of California, which are hereby incorporated and made a part hereof, the time of service of any worker employed by the Contractor or a Subcontractor doing or contracting to do any part of the Work contemplated by this Agreement is limited and restricted to eight hours during any one calendar day and forty hours during any one calendar week, provided, that work may be performed by such employee in excess of said eight hours per day or forty hours per week provided that compensation for all hours worked in excess of eight hours per day, and forty hours per week, is paid at a rate not less than one and one-half (1½) times the basic rate of pay. The Contractor and every Subcontractor shall keep an accurate record showing the name of and the actual hours worked each calendar day and each calendar week by each worker employed by them in connection with the Work. The records shall be kept open at all reasonable hours to inspection by representatives of the Owner and the Division of Labor Standards Enforcement. The Contractor shall as a penalty to the Owner forfeit Twenty-five Dollars ($25.00) for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day, and forty hours in any one calendar week, except as herein provided.
1023
ARTICLE IX. APPRENTICES. The Contractor agrees to comply with Chapter 1, Part 7, Division 2, Sections 1777.5 and 1777.6 of the California Labor Code, which are hereby incorporated and made a part hereof. These sections require that contractors and subcontractors employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice's work for each five hours of work performed by a journeyman (unless an exemption is granted in accordance with Section 1777.5) and that contractors and subcontractors shall not discriminate among otherwise qualified employees as indentured apprentices on any public works solely on the ground of sex, race, religious creed, national origin, ancestry or color. Only apprentices as defined in Labor Code Section 3077, who are in training under apprenticeship standards and who have signed written apprentice agreements, will be employed on public works in apprenticeable occupations. The responsibility for compliance with these provisions is fixed with the Contractor for all apprenticeable occupations.
ARTICLE XI. INDEMNIFICATION AND INSURANCE. The Contractor will defend, indemnify and hold harmless the Owner, its governing board, officers, agents, trustees, employees and others as provided in the General Conditions.
By this statement the Contractor represents that it has secured the payment of Workers' Compensation in compliance with the provisions of the Labor Code of the State of California and during the performance of the work contemplated herein will continue so to comply with said provisions of said Code. The Contractor shall supply the Owner with certificates of insurance evidencing that Workers' Compensation Insurance is in effect and providing that the Owner will receive thirty (30) days' notice of cancellation.
Contractor shall provide the insurance set forth in the General Conditions. The amount of general liability insurance shall be $1,000,000.00 per occurrence for bodily injury, personal injury and property damage, $2,000,000.00 in the aggregate, and the amount of automobile liability insurance shall be $1,000,000 per accident for bodily injury and property damage combined single limit.
ARTICLE XII. COMPLIANCE WITH LAW. While performing the services contemplated by this Agreement, Contractor agrees to comply with all applicable laws and regulations, including, but not limited to, standards and regulations promulgated by the Kings County Department of Public Health, California Department of Public Health, and Cal/OSHA, and the California Code of Regulations Title 24, Uniform Building Code, and National Electric Code.
ARTICLE XII. ENTIRE AGREEMENT. The Contract constitutes the entire agreement between the parties relating to the Work and supersedes any prior or contemporaneous agreement between the parties, oral or written, including the Owner's award of the Contract to Contractor, unless such agreement is expressly incorporated herein. The Owner makes no representations or warranties, express or implied, not specified in the Contract. The Contract is intended as the complete and exclusive statement of the parties’ agreement pursuant to Code of Civil Procedure section 1856.
ARTICLE XIII. EXECUTION OF OTHER DOCUMENTS. The parties to this 1024
Agreement shall cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of the Contract.
ARTICLE XIV. EXECUTION IN COUNTERPARTS. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
ARTICLE XV. BINDING EFFECT. Contractor, by execution of this Agreement, acknowledges that Contractor has read this Agreement and the other Contract Documents, understands them, and agrees to be bound by their terms and conditions. The Contract shall inure to the benefit of and shall be binding upon the Contractor and the Owner and their respective successors and assigns.
ARTICLE XVI. SEVERABILITY; GOVERNING LAW; CHOICE OF FORUM. If any provision of the Contract shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.
The Contract shall be governed by the laws of the State of California. Any action or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in the Superior Court of the State of California for the County of Kings, subject to transfer of venue under applicable State law, provided that nothing in this Agreement shall constitute a waiver of immunity to suit by Owner.
ARTICLE XVII. AMENDMENTS. The terms of the Contract shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written agreement, including change orders, signed by the parties and approved or ratified by the Governing Board.
ARTICLE XVIII. ASSIGNMENT OF CONTRACT. The Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of the surety on the payment bond, the surety on the performance bond and the Owner.
ARTICLE XIX. WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified or overnight mail to the last business address known to the person who gives the notice. 1025
CONTRACTOR OWNER
Steve Dovali Construction City of Lemoore
___________________________ ___________________________ ________________ (Name) _____________________ (Name)
_______________ (Title) _____________________ (Title)
___________________________
________________ (Name)
_______________ (Title)
____________________________
CALIFORNIA CONTRACTOR'S
LICENSE NO.
___________________________
LICENSE EXPIRATION DATE
NOTE: Contractor must give the full business address of the Contractor and sign with Contractor’s usual signature. Partnerships must furnish the full name of all partners and the Agreement must be signed in the partnership name by a general partner with authority to bind the partnership in such matters, followed by the signature and designation of the person signing. The name of the person signing shall also be typed or printed below the signature. Corporations must sign with the legal name of the corporation, followed by the name of the state of incorporation and by the signature and designation of the chairman of the board, president or any vice president, and then followed by a second signature by the secretary, assistant secretary, the chief financial officer or assistant treasurer. All persons signing must be authorized to bind the corporation in the matter. The name of each person signing shall also be typed or printed below the signature. Satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. 1026
EXHIBIT A
GENERAL CONDITIONS
for
CONTRACT OF CONSTRUCTION
CIMARRON LIFT STATION PROJECT
CITY OF LEMOORE
_______________, 2022
1027
SUMMARY OF CONTENTS
ARTICLE 1: GENERAL CONDITIONS .......................................................................................1 ARTICLE 2: OWNER .....................................................................................................................7 ARTICLE 3: THE CONTRACTOR ................................................................................................11 ARTICLE 4: ADMINISTRATION OF THE CONTRACT ...........................................................31 ARTICLE 5: SUBCONTRACTORS ..............................................................................................47 ARTICLE 6: CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ............54 ARTICLE 7: CHANGES IN THE WORK .....................................................................................56 ARTICLE 8: TIME ..........................................................................................................................64 ARTICLE 9: PAYMENTS AND COMPLETION .........................................................................69 ARTICLE 10: PROTECTION OF PERSONS AND PROPERTY ...................................................80 ARTICLE 11: INSURANCE AND BONDS ....................................................................................86 ARTICLE 12: UNCOVERING AND CORRECTION OF WORK..................................................92 ARTICLE 13: MISCELLANEOUS PROVISIONS ..........................................................................94 ARTICLE 14: TERMINATION OR SUSPENSION OF THE CONTRACT...................................106 1028
TABLE OF CONTENTS
ARTICLE 1: GENERAL CONDITIONS
Error! Bookmark not defined.
1.1 BASIC DEFINITIONS
Error! Bookmark not defined.
1.1.1 THE CONTRACT DOCUMENTS
Error! Bookmark not defined.
1.1.2 THE CONTRACT
Error! Bookmark not defined.
1.1.3 THE WORK
Error! Bookmark not defined.
1.1.4 THE PROJECT
Error! Bookmark not defined.
1.1.5 THE DRAWINGS
Error! Bookmark not defined.
1.1.6 THE SPECIFICATIONS
Error! Bookmark not defined.
1.1.7 THE PROJECT MANUAL
Error! Bookmark not defined.
1.1.8 OR
Error! Bookmark not defined.
1.1.9 COMPLETION
Error! Bookmark not defined.
1.1.10 COMPLETION OF THE PROJECT
Error! Bookmark not defined.
1.2 EXECUTION, CORRELATION
AND INTENT
Error! Bookmark not defined.
1.2.1 CORRELATION AND INTENT ................ 3
1.2.1.1 Documents Complementary and
Inclusive
Error! Bookmark not defined.
1.2.1.2 Coverage of the Drawings and
Specifications
Er
ror! Bookmark not defined.
1.2.1.3 Conflicts
Error! Bookmark not defined.
1.2.1.4 Conformance With Laws
Error! Bookmark not defined.
1.2.1.5 Ambiguity
Error! Bookmark not defined.
1.2.1.6 Execution
Error! Bookmark not defined.
1.2.2 ADDENDA AND DEFERRED
APPROVALS
Error! Bookmark not defined.
1.2.2.1 Addenda
Error! Bookmark not defined.
1.2.2.2 Deferred Approvals
Error! Bookmark not defined.
1.2.3 SPECIFICATION INTERPRETATION
Error! Bookmark not defined.
1.2.3.1 Titles
Error! Bookmark not defined.
1.2.3.2 As Shown, Etc.
Error! Bookmark not defined.
1.2.3.3 Provide
Error! Bookmark not defined.
1.2.3.4 General Conditions
Error! Bookmark not defined.
1.2.3.5 Abbreviations
Error! Bookmark not defined.
1.2.3.6 Plural
Error! Bookmark not defined.
1.2.3.7 Metric ........... 5
1.2.3.8 Standard Specifications
Error! Bookmark not defined.
1.2.3.9 Absence of Modifiers
Error! Bookmark not defined.
1.3 OWNERSHIP AND USE OF
ARCHITECT’S DRAWINGS,
SPECIFICATIONS AND OTHER
DOCUMENTS ................................. 7
ARTICLE 2: OWNER
Error! Bookmark not defined.
2.1 DEFINITION
Error! Bookmark not defined.
2.2 INFORMATION AND SERVICES
REQUIRED OF THE OWNER ........ 7
2.2.1 INTENTIONALLY LEFT BLANK ............ 7
2.2.2 SITE SURVEY 8
2.2.3 SOILS 8
2.2.3.1 Owner Furnished Services ........ 8
2.2.3.2 Contractor Reliance ........... 7
2.2.4 UTILITY SURVEY ................................ 8
2.2.5 INFORMATION ................................. 8
2.2.6 Existing Utility Lines; Removal,
Relocation ................................. 8
1029
2.2.6.1 Removal, Relocation ........... 8
2.2.6.2 Assessment ........... 8
2.2.6.3 Notification ........... 8
2.2.6.4 Underground Utility Clearance . 9
2.2.7 EASEMENTS 10
2.2.8 REASONABLE PROMPTNESS ................ 9
2.2.9 COPIES FURNISHED ............................. 9
2.2.10 DUTIES CUMULATIVE ......................... 9
2.3 OWNER’S RIGHT TO STOP THE
WORK .................................. 9
2.4 OWNER’S RIGHT TO CARRY
OUT THE WORK ............................. 9
ARTICLE 3: THE CONTRACTOR
Error! Bookmark not defined.0
3.1 DEFINITION Error! Bookmark not
defined.1
3.2 SUPERVISION AND
CONSTRUCTION PROCEDURES
Error! Bookmark not defined.0
3.2.1 CONTRACTOR
Error! Bookmark not defined.0
3.2.2 CONTRACTOR RESPONSIBILITY
Error! Bookmark not defined.1
3.2.3 Obligations not Changed by
OTHERS' ACTIONS
Error! Bookmark not defined.1
3.2.4 Contractor Responsibility for
Readiness for Work
Error! Bookmark not defined.1
3.2.5 PROJECT MEETINGS
Error! Bookmark not defined.1
3.3 SUPERINTENDENT
Error! Bookmark not defined.1
3.3.1 FULL TIME SUPERINTENDENT
Error! Bookmark not defined.1
3.3.2 STAFF
Error! Bookmark not defined.1
3.3.3 RIGHT TO REMOVE
Error! Bookmark not defined.2
3.4 LABOR AND MATERIALS
Error! Bookmark not defined.2
3.4.1 CONTRACTOR TO PROVIDE
Error! Bookmark not defined.2
3.4.2 QUALITY
Error! Bookmark not defined.2
3.4.3 REPLACEMENT
Error! Bookmark not defined.2
3.4.4 DISCIPLINE
Error! Bookmark not defined.2
3.5 WARRANTY
Error! Bookmark not defined.3
3.6 TAXES
Error! Bookmark not defined.3
3.7 PERMITS, FEES AND NOTICES
Error! Bookmark not defined.3
3.7.1 PAYMENT
Error! Bookmark not defined.3
3.7.2 COMPLIANCE
Error! Bookmark not defined.3
3.7.3 CONTRACT DOCUMENTS
Error! Bookmark not defined.3
3.7.4 RESPONSIBILITY
Error! Bookmark not defined.4
3.8 ALLOWANCES
Error! Bookmark not defined.4
3.8.1 CONTRACT
Error! Bookmark not defined.4
3.8.2 SCOPE
Error! Bookmark not defined.4
3.8.2.1 Prompt Selection
Error! Bookmark not defined.4
3.8.2.2 Cost
Error! Bookmark not defined.4
3.8.2.3 Cost Included in Contract Sum
Error! Bookmark not defined.4
3.8.2.4 Contract Sum Adjustment
Error! Bookmark not defined.4
3.9 CONTRACTOR’S CONSTRUCTION
SCHEDULES
Error! Bookmark not defined.4
3.9.1 Requirements
Error! Bookmark not defined.4
3.9.2 FAILURE TO MEET REQUIREMENTS
Error! Bookmark not defined.7
3.10 DOCUMENTS AND SAMPLES AT
THE SITE
Error! Bookmark not defined.7
3.11 SHOP DRAWINGS, PRODUCT
DATA, AND SAMPLES
Error! Bookmark not defined.7
1030
3.11.1 SUBMITTALS DEFINED
Error! Bookmark not defined.7
3.11.1.1 Shop Drawings
Error! Bookmark not defined.7
3.11.1.2 Samples
Error! Bookmark not defined.8
3.11.1.3 Contractor’s Responsibility
Error! Bookmark not defined.8
3.11.1.4 Extent of Review ........... 19
3.11.2 DRAWING SUBMISSION PROCEDURE ... 19
3.11.2.1 Transmittal Letter and Other
Requirements ........... 19
3.11.2.2 Copies Required ........... 19
3.11.2.3 Corrections ........... 19
3.11.2.4 Approval Prior to
Commencement of Work ........... 20
3.11.3 SAMPLE SUBMISSIONS PROCEDURE
Error! Bookmark not defined.0
3.11.3.1 Samples Required
Error! Bookmark not defined.0
3.11.3.2 Labels and Instructions
Error! Bookmark not defined.0
3.11.3.3 Architect’s Review
Error! Bookmark not defined.0
3.11.3.4 Record Drawings and Annotated
Specifications
Error! Bookmark not defined.0
3.11.3.5 Equipment Manuals
Error! Bookmark not defined.1
3.11.3.6 Owner’s Property ........... 21
3.11.4 SUBSTITUTIONS
Error! Bookmark not defined.1
3.11.4.1 One Product Specified
Error! Bookmark not defined.1
3.11.4.2 Two or More Products Specified
Error! Bookmark not defined.1
3.11.4.3 Substitution Request Form
Error! Bookmark not defined.2
3.11.4.4 List of Manufacturers and
Products Required
Error! Bookmark not defined.2
3.11.5 DEFERRED APPROVALS
Error! Bookmark not defined.2
3.12 CUTTING AND PATCHING
Error! Bookmark not defined.2
3.12.1 SCOPE
Error! Bookmark not defined.2
3.12.2 CONSENT
Error! Bookmark not defined.3
3.12.3 STRUCTURAL MEMBERS
Error! Bookmark not defined.3
3.12.4 Subsequent Removal
Error! Bookmark not defined.3
3.13 CLEANING UP
Error! Bookmark not defined.3
3.13.1 CONTRACTOR’S RESPONSIBILITY
Error! Bookmark not defined.3
3.13.2 FAILURE TO CLEANUP
Error! Bookmark not defined.4
3.13.3 CONSTRUCTION BUILDINGS
Error! Bookmark not defined.4
3.14 ACCESS TO WORK
Error! Bookmark not defined.4
3.15 ROYALTIES AND PATENTS
Error! Bookmark not defined.4
3.15.1 PAYMENT AND INDEMNITY
Error! Bookmark not defined.4
3.15.2 REVIEW
Error! Bookmark not defined.4
3.16 INDEMNIFICATION
Error! Bookmark not defined.4
3.16.1 SCOPE: CONTRACTOR
Error! Bookmark not defined.4
3.16.2 SCOPE: SUBCONTRACTORS
Error! Bookmark not defined.5
3.16.2.1 Indemnity
Error! Bookmark not defined.5
3.16.2.2 Joint and Several Liability
Error! Bookmark not defined.6
3.16.3 NO LIMITATION
Error! Bookmark not defined.6
3.17 OWNER AS INTENDED
BENEFICIARY
Error! Bookmark not defined.6
3.18 NOTICE OF EXCUSE FOR
NONPERFORMANCE
Error! Bookmark not defined.6
3.19 RECOVERY OF DAMAGES
FROM OWNER 27
3.20 USE OF FEDERAL FUNDS 27
ARTICLE 4: ADMINISTRATION OF
1031
THE CONTRACT
Error! Bookmark not defined.0
4.1 ARCHITECT
Error! Bookmark not defined.0
4.1.1 DEFINITION .................................. 30
4.1.2 MODIFICATION
Error! Bookmark not defined.0
4.1.3 TERMINATION
Error! Bookmark not defined.0
4.2 ARCHITECT’S ADMINISTRATION
OF THE CONTRACT
Error! Bookmark not defined.0
4.2.1 STATUS
Error! Bookmark not defined.0
4.2.2 SITE VISITS
Error! Bookmark not defined.0
4.2.3 Limitations of Construction
Responsibility
Error! Bookmark not defined.1
4.2.4 Communications Facilitating Contract
Administration
Error! Bookmark not defined.1
4.2.5 PAYMENT APPLICATIONS
Error! Bookmark not defined.1
4.2.6 REJECTION OF WORK
Error! Bookmark not defined.1
4.2.7 CHANGE ORDERS
Error! Bookmark not defined.1
4.2.8 WARRANTIES UPON COMPLETION
Error! Bookmark not defined.2
4.2.9 INTERPRETATION
Error! Bookmark not defined.2
4.2.10 ADDITIONAL INSTRUCTIONS
Error! Bookmark not defined.2
4.2.10.1 Architect’s Interpretations and
Decisions
Error! Bookmark not defined.2
4.2.10.2 Typical Parts and Sections
Error! Bookmark not defined.2
4.2.10.3 Dimensions
Error! Bookmark not defined.2
4.3 [INTENTIONALLY LEFT BLANK]
Error! Bookmark not defined.3
4.4 RESPONSIBILITY FOR
ADDITIONAL CHARGES INCURRED
BY THE OWNER FOR
PROFESSIONAL SERVICES
Error! Bookmark not defined.3
4.5 NOTICES OF POTENTIAL CHANGE,
CHANGE ORDER REQUESTS, AND
CLAIMS
Error! Bookmark not defined.4
4.5.1 NOTICE OF POTENTIAL CHANGE
Error! Bookmark not defined.4
4.5.2 CHANGE ORDERS REQUESTS
Error! Bookmark not defined.4
4.5.3 DEFINITION OF CLAIM
Error! Bookmark not defined.6
4.5.4 Time for Submitting Claim;
WAIVER
Error! Bookmark not defined.7
4.5.5 CONTENT OF CLAIM
Error! Bookmark not defined.8
4.5.5.1 Claim Format; Waiver
Error! Bookmark not defined.8
4.5.5.2 Claims for Additional Money ............ 39
4.5.5.3 Claims for Additional Time .............. 39
4.5.5.3.1 Notice of Extent of Claim ........... 39
4.5.5.3.2 Unusually Severe Weather
Claims ................................. 40
4.5.5.4 Pass Through Claims
Error! Bookmark not defined.0
4.5.6 Procedures for Claims (Public
Contract Code section 9204)
Error! Bookmark not defined.1
4.5.6.1 Claims
Error! Bookmark not defined.1
4.5.6.2 Meet and Confer
Error! Bookmark not defined.2
4.5.6.3 Government Code Claim
Error! Bookmark not defined.3
4.5.7 Continuing Contract
PERFORMANCE
Error! Bookmark not defined.3
4.5.8 Claims for Concealed or Unknown
Conditions
Error! Bookmark not defined.3
4.5.8.1 Trenches or Excavations Less Than
Four Feet Below the Surface
Error! Bookmark not defined.3
4.5.8.2 Trenches or Excavations Greater
1032
Than Four Feet Below the Surface
Error! Bookmark not defined.4
4.5.9 INJURY OR DAMAGE TO PERSON OR
PROPERTY
Error! Bookmark not defined.5
ARTICLE 5: SUBCONTRACTORS
Error! Bookmark not defined.5
5.1 DEFINITIONS
Error! Bookmark not defined.5
5.1.1 SUBCONTRACTOR
Error! Bookmark not defined.5
5.1.2 SUB-SUBCONTRACTOR
Error! Bookmark not defined.5
5.1.3 SPECIALTY CONTRACTORS
Error! Bookmark not defined.5
5.2 AWARD OF SUBCONTRACTS
AND OTHER CONTRACTS FOR
PORTIONS OF THE WORK
Error! Bookmark not defined.5
5.2.1 Assignment or Substitution -
CONSENT OF OWNER
Error! Bookmark not defined.5
5.2.2 GROUNDS FOR SUBSTITUTION
Error! Bookmark not defined.6
5.2.2.1 No Change in Contract
Error! Bookmark not defined.7
5.2.2.2 Substitution Due to Clerical
Error
Error! Bookmark not defined.7
5.3 SUBCONTRACTUAL RELATIONS
.................................. 47
5.4 CONTINGENT ASSIGNMENT OF
SUBCONTRACTS ............................ 48
5.5 SUBCONTRACTOR’S
RESPONSIBILITIES ........................ 48
5.5.1 SUPERVISION BY SUBCONTRACTORS .. 48
5.5.2 DISCIPLINE AND ORDER ...................... 48
5.5.3 DEFECTS DISCOVERED ........................ 49
5.5.4 SUBCONTRACTOR INFORMATION ........ 49
5.5.5 TEMPORARY STRUCTURES .................. 49
5.5.6 CHARGES TO SUBCONTRACTOR .......... 49
5.5.7 FINES IMPOSED .................................. 49
5.5.8 PROJECT SIGNS .................................. 50
5.5.9 REMEDIES FOR FAILURE TO PERFORM
Error! Bookmark not defined.0
5.5.10 DISPUTES NOT TO AFFECT WORK
Error! Bookmark not defined.0
5.5.11 APPLICATION FOR PAYMENT
Error! Bookmark not defined.0
5.5.12 COMPLIANCE WITH PROCEDURES
Error! Bookmark not defined.0
5.5.13 ON-SITE RECORD KEEPING
Error! Bookmark not defined.1
5.5.14 NON-EXCLUSIVE OBLIGATIONS
Error! Bookmark not defined.1
ARTICLE 6: CONSTRUCTION BY
OWNER OR BY SEPARATE
CONTRACTORS
Error! Bookmark not defined.1
6.1 OWNER’S RIGHT TO PERFORM
CONSTRUCTION AND TO AWARD
SEPARATE CONTRACTS
Error! Bookmark not defined.1
6.1.1 OWNER’S RIGHTS
Error! Bookmark not defined.1
6.1.2 DESIGNATION AS CONTRACTOR
Error! Bookmark not defined.1
6.1.3 CONTRACTOR DUTIES
Error! Bookmark not defined.1
6.1.4 OWNER OBLIGATIONS
Error! Bookmark not defined.2
6.2 MUTUAL RESPONSIBILITY
Error! Bookmark not defined.2
6.2.1 DELIVERY AND STORAGE
Error! Bookmark not defined.2
6.2.2 NOTICE BY CONTRACTOR
Error! Bookmark not defined.2
6.2.3 COSTS INCURRED
Error! Bookmark not defined.2
6.2.4 CORRECTION OF DAMAGE
Error! Bookmark not defined.3
6.3 OWNER’S RIGHT TO CLEAN UP
Error! Bookmark not defined.3
ARTICLE 7: CHANGES IN THE WORK
Error! Bookmark not defined.3
7.1 CHANGES
Error! Bookmark not defined.3
7.1.1 No Changes Without Authorization
Error! Bookmark not defined.3
7.1.2 Authority to Order Minor
1033
CHANGES
Error! Bookmark not defined.4
7.2 CHANGE ORDERS
Error! Bookmark not defined.4
7.3 CONSTRUCTION CHANGE
DIRECTIVES ("CCD”)
Error! Bookmark not defined.4
7.3.1 DEFINITION
Error! Bookmark not defined.4
7.3.2 USE TO DIRECT CHANGE
Error! Bookmark not defined.5
7.4 REQUEST FOR INFORMATION
("RFI”)
Error! Bookmark not defined.5
7.4.1 DEFINITION
Error! Bookmark not defined.5
7.4.2 SCOPE
Error! Bookmark not defined.5
7.4.3 RESPONSE TIME
Error! Bookmark not defined.5
7.4.4 COSTS INCURRED
Error! Bookmark not defined.6
7.5 REQUEST FOR PROPOSAL ("RFP”)
Error! Bookmark not defined.6
7.5.1 DEFINITION
Error! Bookmark not defined.6
7.5.2 SCOPE
Error! Bookmark not defined.6
7.6 CHANGE ORDER REQUEST
("COR”)
Error! Bookmark not defined.6
7.6.1 DEFINITION
Error! Bookmark not defined.6
7.6.2 CHANGES IN PRICE
Error! Bookmark not defined.6
7.6.3 CHANGES IN TIME
Error! Bookmark not defined.6
7.7 PRICE OF CHANGE ORDERS ........ 57
7.7.1 SCOPE .................................. 57
7.7.2 DETERMINATION OF COST .................. 57
7.7.3 FORMAT FOR PROPOSED COST
CHANG .................................. 59
7.7.4 DISCOUNTS, REBATES, AND REFUNDS
Error! Bookmark not defined.0
7.7.5 ACCOUNTING RECORDS
Error! Bookmark not defined.0
7.7.6 NOTICE REQUIRED
Error! Bookmark not defined.1
7.7.7 APPLICABILITY TO SUBCONTRACTORS
Error! Bookmark not defined.1
7.8 Waiver of Right to Claim Money
OR TIME
Error! Bookmark not defined.1
ARTICLE 8: TIME
Error! Bookmark not defined.1
8.1 DEFINITIONS
Error! Bookmark not defined.1
8.1.1 CONTRACT TIME
Error! Bookmark not defined.1
8.1.2 NOTICE TO PROCEED
Error! Bookmark not defined.1
8.1.3 DAYS
Error! Bookmark not defined.1
8.2 HOURS OF WORK
Error! Bookmark not defined.2
8.2.1 SUFFICIENT FORCES
Error! Bookmark not defined.2
8.2.2 Performance During Working
HOURS
Error! Bookmark not defined.2
8.2.3 LABOR CODE APPLICATION
Error! Bookmark not defined.2
8.2.4 COSTS FOR AFTER HOURS
INSPECTIONS ................................. 62
8.2.5 TIME FOR COMMENCEMENT BY
SUBCONTRACTORS
Error! Bookmark not defined.3
8.3 PROGRESS AND COMPLETION
Error! Bookmark not defined.3
8.3.1 TIME OF THE ESSENCE
Error! Bookmark not defined.3
8.3.2 NO COMMENCEMENT WITHOUT
INSURANCE
Error! Bookmark not defined.3
8.3.3 EXPEDITIOUS COMPLETION
Error! Bookmark not defined.3
8.4 EXTENSIONS OF TIME -
LIQUIDATED DAMAGES
Error! Bookmark not defined.3
1034
8.4.1 Conditions Allowing for Extensions of
Time to Complete the Work Only
(Excusable Delay) ............................. 64
8.4.2 Compensable Delay (Time and
Money) .................................. 64
8.4.3 Notice by Contractor Required;
Procedures for Demanding Additional
Time or Money
Error! Bookmark not defined.5
8.4.4 EARLY COMPLETION
Error! Bookmark not defined.5
8.4.5 Liquidated Damages .......................... 65
8.5 GOVERNMENT APPROVALS
Error! Bookmark not defined.5
ARTICLE 9: PAYMENTS AND
COMPLETION
Error! Bookmark not defined.6
9.1 CONTRACT SUM
Error! Bookmark not defined.6
9.2 COST BREAKDOWN
Error! Bookmark not defined.6
9.2.1 REQUIRED INFORMATION
Error! Bookmark not defined.6
9.2.2 OWNER ACCEPTANCE REQUIRED ........ 66
9.3 APPLICATIONS FOR PAYMENT .. 67
9.3.1 PROCEDURE .................................. 67
9.3.2 PURCHASE OF MATERIALS AND
EQUIPMENT .................................. 68
9.3.3 WARRANTY OF TITLE ......................... 68
9.4 REVIEW OF PROGRESS PAYMENT .. 68
9.4.1 OWNER ACCEPTANCE ......................... 68
9.4.2 OWNER’S REVIEW .............................. 68
9.5 DECISIONS TO WITHHOLD
PAYMENT .................................. 69
9.5.1 REASONS TO WITHHOLD PAYMENT .... 69
9.5.2 PAYMENT AFTER CURE
Error! Bookmark not defined.1
9.5.3 OVERPAYMENT AND/OR FAILURE TO
WITHHOLD
Error! Bookmark not defined.2
9.6 PROGRESS PAYMENTS
Error! Bookmark not defined.2
9.6.1 PAYMENTS TO CONTRACTOR
Error! Bookmark not defined.2
9.6.2 PAYMENTS TO SUBCONTRACTORS
Error! Bookmark not defined.2
9.6.3 Percentage of Completion or
Payment Information
Error! Bookmark not defined.2
9.6.4 No Obligation of Owner for
Subcontractor Payment
Error! Bookmark not defined.3
9.6.5 PAYMENT TO SUPPLIERS
Error! Bookmark not defined.3
9.6.6 Payment Not Constituting Approval or
Acceptance
Error! Bookmark not defined.3
9.6.7 JOINT CHECKS
Error! Bookmark not defined.3
9.7 COMPLETION OF THE WORK
Error! Bookmark not defined.3
9.7.1 CLOSE-OUT PROCEDURES
Error! Bookmark not defined.3
9.7.2 COSTS OF MULTIPLE INSPECTIONS
Error! Bookmark not defined.4
9.8 PARTIAL OCCUPANCY OR USE
Error! Bookmark not defined.4
9.9 FINAL PROGRESS PAYMENT AND
RELEASE OF RETENTION
Error! Bookmark not defined.5
9.9.1 FINAL APPLICATION FOR PROGRESS
PAYMENT ................................. 75
9.9.2 Procedures for Application for Final
Progress Payment
Error! Bookmark not defined.5
9.9.3 RELEASE OF RETAINAGE
Error! Bookmark not defined.6
9.10 SUBSTITUTION OF SECURITIES
Error! Bookmark not defined.6
ARTICLE 10: PROTECTION OF
PERSONS AND PROPERTY .......... 77
10.1 SAFETY PRECAUTIONS AND
PROGRAMS ................................. 77
10.1.1 CONTRACTOR RESPONSIBILITY .......... 7
10.1.2 SUBCONTRACTOR RESPONSIBILITY .... 77
10.1.3 COOPERATION ................................. 77
10.1.4 ACCIDENT REPORTS ........................... 77
10.1.5 FIRST-AID SUPPLIES AT SITE .............. 77
10.2 SAFETY OF PERSONS AND
PROPERTY ................................. 78
10.2.1 THE CONTRACTOR ............................. 78
10.2.2 CONTRACTOR NOTICES ...................... 78
1035
10.2.3 SAFETY BARRIERS AND SAFEGUARDS 78
10.2.4 USE OR STORAGE OF HAZARDOUS
MATERIAL .................................. 78
10.3 PROTECTION OF WORK AND
PROPERTY .................................. 78
10.3.1 Protection of Work ........................... 78
10.3.2 PROTECTION FOR ELEMENTS .............. 79
10.3.3 SHORING AND STRUCTURAL LOADING 79
10.3.4 CONFORMANCE WITHIN ESTABLISHED
LIMITS .................................. 79
10.3.5 SUBCONTRACTOR ENFORCEMENT OF
RULES .................................. 79
10.3.6 SITE ACCESS .................................. 80
10.3.7 PROTECTION OF MATERIALS
Error! Bookmark not defined.0
10.4 EMERGENCIES
Error! Bookmark not defined.0
10.4.1 EMERGENCY ACTION
Error! Bookmark not defined.0
10.4.2 ACCIDENT REPORTS
Error! Bookmark not defined.0
10.5 HAZARDOUS MATERIALS
Error! Bookmark not defined.0
10.5.1 Discovery of Hazardous
MATERIALS
Error! Bookmark not defined.0
10.5.2 HAZARDOUS MATERIAL WORK
LIMITATIONS
Error! Bookmark not defined.1
10.5.3 Indemnification By Owner for
Hazardous Material Not Caused by
Contractor .................................. 81
10.5.4 NATURALLY OCCURRING ASBESTOS
Error! Bookmark not defined.1
10.5.5 Indemnification by Contractor for
Hazardous Material Caused by
Contractor
Error! Bookmark not defined.1
10.5.6 TERMS OF HAZARDOUS MATERIAL
PROVISION
Error! Bookmark not defined.2
10.5.7 ARCHEOLOGICAL MATERIALS
Error! Bookmark not defined.2
ARTICLE 11: INSURANCE AND
BONDS
Error! Bookmark not defined.2
11.1 CONTRACTOR’S LIABILITY
INSURANCE
Error! Bookmark not defined.2
11.1.1 Liability Insurance
REQUIREMENTS
Error! Bookmark not defined.2
11.1.2 SUBCONTRACTOR INSURANCE
REQUIREMENTS
Error! Bookmark not defined.3
11.1.3 OWNER’S INSURANCE
Error! Bookmark not defined.3
11.1.4 Additional Insured Endorsement
Requirements
Error! Bookmark not defined.4
11.1.5 Workers’ Compensation
INSURANCE
Error! Bookmark not defined.4
11.1.6 Builder’s Risk/"All Risk"
Insurance ................................. 84
11.1.6.1 Course-of-Construction Insurance
Requirements ................................. 84
11.1.7 Consent of Insurer for Partial
Occupancy or Use
Error! Bookmark not defined.6
11.1.8 FIRE INSURANCE ................................ 86
11.1.9 OTHER INSURANCE ............................ 86
11.1.10 Proof of Carriage of
INSURANCE ................................. 86
11.1.11 COMPLIANCE ................................. 87
11.2 PERFORMANCE AND PAYMENT
BONDS ................................. 87
11.2.1 BOND REQUIREMENTS ....................... 87
11.2.2 SURETY QUALIFICATION .................... 87
ARTICLE 12: UNCOVERING AND
CORRECTION OF WORK .............. 88
12.1 UNCOVERING OF WORK ............. 88
12.1.1 UNCOVERING WORK FOR REQUIRED
INSPECTIONS ................................. 88
12.1.2 Costs for Inspections not
REQUIRED ................................. 88
12.2 CORRECTION OF WORK;
WARRANTY ................................. 88
12.2.1 CORRECTION OF REJECTED WORK ..... 88
12.2.2 Removal of Nonconforming WORK .. 88
12.2.3 Owner’s Rights if Contractor
FAILS TO CORRECT ............................ 88
1036
12.2.4 COST OF CORRECTING THE WORK ...... 89
12.2.5 WARRANTY CORRECTIONS ................. 89
12.2.6 NO TIME LIMITATION ......................... 89
12.3 NONCONFORMING WORK AND
WITHHOLDING THE VALUE
OF IT .................................. 89
ARTICLE 13: MISCELLANEOUS
PROVISIONS
Error! Bookmark not defined.0
13.1 GOVERNING LAW
Error! Bookmark not defined.0
13.2 SUCCESSORS AND ASSIGNS
Error! Bookmark not defined.0
13.3 WRITTEN NOTICE
Error! Bookmark not defined.0
13.4 RIGHTS AND REMEDIES
Error! Bookmark not defined.0
13.4.1 Duties and Obligations
CUMULATIVE
Error! Bookmark not defined.0
13.4.2 NO WAIVER
Error! Bookmark not defined.0
13.5 TESTS AND INSPECTIONS
Error! Bookmark not defined.1
13.5.1 COMPLIANCE
Error! Bookmark not defined.1
13.5.2 INDEPENDENT TESTING LABORATORY
Error! Bookmark not defined.1
13.5.3 ADVANCE NOTICE TO INSPECTOR OF
RECORD
Error! Bookmark not defined.1
13.5.4 TESTING OFF-SITE
Error! Bookmark not defined.1
13.5.5 ADDITIONAL TESTING OR INSPECTION
Error! Bookmark not defined.2
13.5.6 COSTS FOR RETESTING
Error! Bookmark not defined.2
13.5.7 COSTS FOR PREMATURE TEST
Error! Bookmark not defined.2
13.5.8 TESTS OR INSPECTIONS NOT TO
DELAY WORK
Error! Bookmark not defined.2
13.6 [INTENTIONALLY LEFT BLANK]
Error! Bookmark not defined.2
13.7 TRENCH EXCAVATION
Error! Bookmark not defined.2
13.7.1TRENCHES GREATER THAN FIVE FEET
Error! Bookmark not defined.2
13.7.2 EXCAVATION SAFETY
Error! Bookmark not defined.2
13.7.3 NO TORT LIABILITY OF OWNER
Error! Bookmark not defined.3
13.7.4 NO EXCAVATION WITHOUT PERMITS
Error! Bookmark not defined.3
13.8 WAGE RATES
Error! Bookmark not defined.3
13.8.1 WAGE RATES
Error! Bookmark not defined.3
13.8.2 HOLIDAY AND OVERTIME PAY
Error! Bookmark not defined.3
13.8.3 WAGE RATES NOT AFFECTED BY
SUBCONTRACTS
Error! Bookmark not defined.3
13.8.4 Change in Prevailing Wage During Bid
or Construction
Error! Bookmark not defined.4
13.8.5 FORFEITURE AND PAYMENTS
Error! Bookmark not defined.4
13.8.6 MINIMUM WAGE RATES
Error! Bookmark not defined.4
13.8.7 PER DIEM WAGES
Error! Bookmark not defined.4
13.8.8 Posting of Wage Rates and Other
Required Job Site Notices
Error! Bookmark not defined.4
13.9 RECORD OF WAGES PAID:
INSPECTION
Error! Bookmark not defined.5
13.9.1 APPLICATION OF LABOR CODE
Error! Bookmark not defined.5
13.10 APPRENTICES ................................ 97
13.10.1 APPRENTICE WAGES AND
DEFINITIONS ................................. 97
13.10.2 APPRENTICE LABOR POOL ............. 97
13.10.3 Journeyman/Apprentice Ratio;
Computation of Hours .................. 98
13.10.4 JOURNEYMAN/APPRENTICE RATIO 98
13.10.4.1 Apprenticeable Craft or Trade .. 98
13.10.5 RATIO EXEMPTION ........................ 99
13.10.6 APPRENTICE FUND ........................ 99
13.10.7 PRIME CONTRACTOR COMPLIANCE 99
1037
13.10.8 Decisions of Joint Apprenticeship
Committee .................................. 99
13.10.9 NO BIAS .................................. 100
13.10.10 VIOLATION OF LABOR CODE .......... 100
13.11 ASSIGNMENT OF ANTITRUST
CLAIMS
Error! Bookmark not defined.1
13.11.1 APPLICATION
Error! Bookmark not defined.1
13.11.2 ASSIGNMENT OF CLAIM
Error! Bookmark not defined.1
13.12 AUDIT
Error! Bookmark not defined.1
13.13 STORM WATER DISCHARGE
PERMIT
Error! Bookmark not defined.1
ARTICLE 14: TERMINATION OR
SUSPENSION OF THE
CONTRACT
Error! Bookmark not defined.2
14.1 TERMINATION BY THE
CONTRACTOR FOR CAUSE ......... 102
14.2 TERMINATION BY THE OWNER
FOR CAUSE .................................. 102
14.2.1 Grounds for Termination ................... 102
14.2.2 NOTIFICATION OF TERMINATION
Error! Bookmark not defined.3
14.2.3 Payments Withheld ........................... 103
14.2.4 Payments Upon Completion ............. 103
14.2.5 Inclusion of Termination for
Convenience
Error! Bookmark not defined.3
14.3 SUSPENSION OR TERMINATION
BY THE OWNER FOR
CONVENIENCE
Error! Bookmark not defined.4
14.3.1 SUSPENSION BY OWNER
Error! Bookmark not defined.4
14.3.1.1 Adjustments
Error! Bookmark not defined.4
14.3.1.2 Adjustments for Fixed Cost
Error! Bookmark not defined.4
14.3.2 TERMINATION BY THE OWNER FOR
CONVENIENCE
Error! Bookmark not defined.4
14.4 NOT A WAIVER
Error! Bookmark not defined.5
14.5 MUTUAL TERMINATION FOR
CONVENIENCE
Error! Bookmark not defined.5
14.6 EARLY TERMINATION
Error! Bookmark not defined.5
1038
1039
ARTICLE 1
GENERAL CONDITIONS
1.1 BASIC DEFINITIONS
1.1.1 THE CONTRACT DOCUMENTS
The “Contract Documents” consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to bid, Instructions to Bidders, Notice to Bidders, the Bid Form, Payment Bond, Performance Bond, required insurance certificates, additional insured endorsement and declarations page, Designation of Subcontractors, Noncollusion Declaration, Roof Project Certification (where applicable), Sufficient Funds Declaration (Labor Code section 2810) and other documents referred to in the Agreement, and Modifications issued after execution of the Agreement. A Modification is a written amendment to the Contract signed by both parties, a Change Order, a Construction Change Directive, or a written order for a minor change in the Work issued by the Owner. The Contract Documents are complementary, and each obligation of the Contractor, Subcontractors, material or equipment suppliers in any one shall be binding as if specified in all.
1.1.2 THE CONTRACT
The Contract Documents form the Contract. The “Contract” represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a written Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between the Architect and Contractor, any Construction Manager and Contractor, between the Owner and any Subcontractor or Sub-subcontractor, or between any persons or entities other than the Owner and the Contractor. The terms of the Contract shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written agreement signed by the parties and approved or ratified by the City Council.
1.1.3 THE WORK
The “Work” shall include all labor, materials, services and equipment necessary for the Contractor to fulfill all of its obligations pursuant to the Contract Documents, including but not limited to punch list items and submission of documents. It shall include the initial obligation of any Contractor or Subcontractor, who performs any portion of the Work, to visit the Site of the proposed Work with Owner’s representatives, a continuing obligation after the commencement of the Work to fully acquaint and familiarize itself with the conditions as they exist and the character of the operations to be carried on under the Contract Documents, and make such investigation as it may see fit so that it shall fully understand the facilities, physical conditions, and restrictions attending the Work under the Contract Documents. Each such Contractor or Subcontractor shall also thoroughly examine and become familiar with the Drawings, Specifications, and associated bid documents. The “Site” refers to the grounds of the Project as 1040
defined in the Contract Documents and such adjacent lands as may be directly affected by the performance of the Work. The Work shall constitute a “work of improvement” under Civil Code section 8050 and Public Contract Code section 7107.
1.1.4 THE PROJECT
The “Project” is the total construction of the Work performed in accordance with the Contract Documents. However, where applicable, the Project may also include construction by the Owner or by separate contractors.
1.1.5 THE DRAWINGS
The “Drawings” are graphic and pictorial portions of the Contract Documents prepared for the Project and approved changes thereto, wherever located and whenever issued, showing the design, location, and scope of the Work, generally including plans, elevations, sections, details, schedules, and diagrams as drawn or approved by the Architect.
1.1.6 THE SPECIFICATIONS
The “Specifications” are that portion of the Contract Documents consisting of the written requirements for material, equipment, construction systems, instructions, quality assurance standards, workmanship, and performance of related services.
1.1.7 THE PROJECT MANUAL
The “Project Manual” is the volume usually assembled for the Work which may include, without limitation, the bidding requirements, sample forms, Agreement, Conditions of the Contract, and Specifications.
1.1.8 OR
“Or” shall include “and/or.”
1.1.9 COMPLETION
Statutory definitions of “Completion” and “Complete” shall apply for those statutory purposes.
For all other purposes, including accrual of liquidated damages, Claims and warranties, “Completion” and “Complete” mean the point in the Work where (1) Contractor has fully and correctly performed all Work in all parts and requirements, including corrective and punch list work, and (2) Owner’s representatives have conducted a final inspection that confirmed this performance. Substantial, or any other form of partial or non-compliant, performance shall not constitute “Completion” or “Complete” under the Contract Documents, except to the extent that substantial completion is required for a milestone deadline. 1041
1.1.10 COMPLETION OF THE PROJECT
For purposes of accrual of liquidated damages for delays to the Project, completion shall mean the point in the Project where (1) all contractors and Owner have fully and correctly performed all work of the entire Project in all parts and requirements, including corrective and punch list work, and (2) Owner’s representatives have conducted a final inspection of the entire Project that confirmed this performance. Substantial, or any other form of partial or non-compliant, performance of the entire Project shall not constitute completion or complete.
1.2 EXECUTION, CORRELATION AND INTENT
1.2.1 CORRELATION AND INTENT
1.2.1.1 Documents Complementary and Inclusive. The Contract Documents are complementary and are intended to include all items required for the proper execution and Completion of the Work. Any item of work mentioned in the Specifications and not shown on the Drawings, or shown on the Drawings and not mentioned in the Specifications, shall be provided by Contractor as if shown or mentioned in both.
1.2.1.2 Coverage of the Drawings and Specifications. The Drawings and Specifications generally describe the work to be performed by Contractor. Generally, the Specifications describe work which cannot be readily indicated on the Drawings and indicate types, qualities, and methods of installation of the various materials and equipment required for the Work. It is not intended to mention every item of Work in the Specifications, which can be adequately shown on the Drawings, or to show on the Drawings all items of Work described or required by the Specifications even if they are of such nature that they could have been shown.
All materials or labor for Work, which is shown on the Drawings or the Specifications (or is reasonably inferable therefrom as being necessary to Complete the Work), shall be provided by the Contractor whether or not the Work is expressly covered in the Drawings or the Specifications. It is intended that the Work be of sound, quality construction, and the Contractor shall be responsible for the inclusion of adequate amounts to cover installation of all items indicated, described, or implied in the portion of the Work to be performed by Contractor.
1.2.1.3 Conflicts. Without limiting Contractor’s obligation to identify conflicts for resolution by the Owner, it is intended that the more stringent, higher quality, and greater quantity of Work shall apply.
1.2.1.4 Conformance With Laws. Each and every provision of law required by law to be inserted in this Contract shall be deemed to be inserted herein, and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party the Contract shall be amended in writing to make such insertion or correction.
Before commencing any portion of the Work, Contractor shall check and review the Drawings and Specifications for such portion for conformance and compliance with all laws, ordinances, codes, rules and regulations of all governmental authorities and public utilities 1042
affecting the construction and operation of the physical plant of the Project, all quasigovernmental and other regulations affecting the construction and operation of the physical plant of the Project, and other special requirements, if any, designated in the Contract Documents. In the event Contractor observes any violation of any law, ordinance, code, rule or regulation, or inconsistency with any such restrictions or special requirements of the Contract Documents, Contractor shall promptly notify Architect and Owner in writing of same and shall ensure that any such violation or inconsistency shall be corrected in the manner provided hereunder prior to the construction of that portion of the Work. Where requirements of the Contract Documents exceed those of the applicable building codes and ordinances, the Contract Documents shall govern. Contractor shall comply with all applicable Federal, State and local laws.
If, as and to the extent that Public Contract Code section 1104 is deemed to apply after the award of the Contract, Contractor shall not be required to assume responsibility for the completeness and accuracy of architectural or engineering plans and specifications, notwithstanding any other provision in the Contract Documents, except to the extent that Contractor discovered or should have discovered and reported any errors and omissions to the Architect and Owner, including but not limited to as the result of any review of the plans and specifications by Contractor required by the Instructions to Bidders or other Contract Documents, whether or not actually performed by Contractor.
1.2.1.5 Ambiguity. Before commencing any portion of the Work, Contractor shall carefully examine all Drawings and Specifications and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify Architect and Owner in writing of any perceived or alleged error, inconsistency, ambiguity, or lack of detail or explanation in the Drawings and Specifications in the manner provided herein. If the Contractor or its Subcontractors, material or equipment suppliers, or any of their officers, agents, and employees performs, permits, or causes the performance of any Work under the Contract Documents, which it knows or should have known to be in error, inconsistent, or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all costs arising therefrom including, without limitation, the cost of correction thereof without increase or adjustment to the Contract Sum or the time for performance. If Contractor performs, permits, or causes the performance of any Work under the Contract Documents prepared by or on behalf of Contractor which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction, without increase to or adjustment in the Contract Sum or the time for performance. In no case shall any Subcontractor proceed with the Work if uncertain without the Contractor’s written direction and/or approval.
1.2.1.6 Execution. Execution of the Agreement Between Owner and Contractor by the Contractor is a representation that the Contractor has visited the Site, become familiar with the local conditions under which the Work is to be performed and has correlated personal observations with the requirements of the Contract Documents. 1043
1.2.2 ADDENDA AND DEFERRED APPROVALS
1.2.2.1 Addenda. Subsequent addenda issued shall govern over prior addenda only to the extent specified.
1.2.2.2 Deferred Approvals. The requirements approved by the the relevant government agency on any item submitted as a deferred approval in accordance with Title 24, California Code of Regulations, shall take precedence over any previously issued addenda, drawing or specification.
1.2.3 SPECIFICATION INTERPRETATION
1.2.3.1 Titles. The Specifications are separated into titled sections for convenience only and not to dictate or determine the trade or craft involved. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of work to be performed by any trade.
1.2.3.2 As Shown, Etc. Where “as shown,” “as indicated,” “as detailed,” or words of similar import are used, reference is made to the Drawings accompanying the Specifications unless otherwise stated. Where “as directed,” “as required,” “as permitted,” “as authorized,” “as accepted,” “as selected,” or words of similar import are used, the direction, requirement, permission, authorization, approval, acceptance, or selection by Architect is intended unless otherwise stated.
1.2.3.3 Provide. “Provide” means “provided complete in place,” that is, furnished, installed, tested, and ready for operation and use.
1.2.3.4 General Conditions. The General Conditions and any supplementary general conditions are a part of each and every section of the Specifications.
1.2.3.5 Abbreviations. In the interest of brevity, the Specifications are written in an abbreviated form and may not include complete sentences. Omission of words or phrases such as “Contractor shall,” “shall be,” etc., are intentional. Nevertheless, the requirements of the Specifications are mandatory. Omitted words or phrases shall be supplied by inference in the same manner as they are when a “note” occurs on the Drawings.
1.2.3.6 Plural. Words in the singular shall include the plural whenever applicable or the context so indicates.
1.2.3.7 Metric. The Specifications may indicate metric units of measurement as a supplement to U.S. customary units. When indicated thus: 1” (25 mm), the U. S. customary unit is specific, and the metric unit is nonspecific. When not shown with parentheses, the unit is specific. The metric units correspond to the “International System of Units” (SI) and generally follow ASTM E 380, “Standard for Metric Practice.”
1044
1.2.3.8 Standard Specifications.
Any reference to standard specifications of any society, institute, association, or governmental authority is a reference to the organization’s standard specifications, which are in effect as of the date the Notice to Bidders is first published. If applicable specifications are revised prior to completion of any part of the Work, the Contractor may, if acceptable to Owner and Architect, perform such Work in accordance with the revised specifications. The standard specifications, except as modified in the Specifications for the Project, shall have full force and effect as though printed in the Specifications. Architect will furnish, upon request, information as to how copies of the standard specifications referred to may be obtained.
1.2.3.9 Absence of Modifiers. In the interest of brevity, the Contract Documents frequently omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement.
1.3 OWNERSHIP AND USE OF ARCHITECT’S DRAWINGS, SPECIFICATIONS
AND OTHER DOCUMENTS
The Drawings, Specifications, and other documents prepared on behalf of the Owner are instruments of the services of the Architect and its consultants and are the property of the Owner.
The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor, or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications, and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them. All copies of them, except the Contractor’s record set, shall be returned or suitably accounted for to the Owner, upon request upon Completion of the Work. The Drawings, Specifications, and other documents prepared by the Architect, and copies thereof furnished to the Contractor, are for use solely with respect to this Contract. They are not to be used by the Contractor or any Subcontractor, Subsubcontractor, or material or equipment supplier on other contracts or projects or for additions to this Contract or Project outside the scope of the Work without the specific written consent of the Owner and the Architect. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications, and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Owner’s property interest or other reserved right. All copies made under this license shall bear appropriate attribution and the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect.
1045
ARTICLE 2
OWNER
2.1 DEFINITION
The term “Owner” means the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term “Owner” means the Owner and/or the Owner’s authorized representatives, including but not limited to architects and construction managers. To the extent the Contract Documents indicate that Owner has assigned duties to particular representatives of the Owner (such as the Architect, or any construction manager), Owner reserves the right at all times to reassign such duties to different Owner representatives.
2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
2.2.1 INTENTIONALLY LEFT BLANK
2.2.2 SITE SURVEY
When required by the scope of the Project, the Owner will furnish, at its expense, a legal description or a land survey of the Site, giving, as applicable, grades and lines of streets, alleys, pavements, adjoining property, rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, and contours of the Site. Surveys to determine locations of construction, grading, and Site work shall be provided by the Contractor.
2.2.3 SOILS
2.2.3.1 Owner Furnished Services. When required by the scope of the Project, the Owner will furnish, at its expense, the services of geotechnical engineers or consultants when reasonably required or as required by local or state codes. Such services with reports and appropriate professional recommendations shall include test boring, test pits, soil bearing values, percolation tests, air and water pollution tests, and ground corrosion and resistivity tests, including necessary operations for determining subsoil, air, and water conditions.
2.2.3.2 Contractor Reliance. Test borings and soils reports for the Project have been made for the Owner to indicate the subsurface materials that might be encountered at particular locations on the Project. The Owner has made these documents available to the Contractor and the Contractor has studied the results of such test borings and information that it has as to the subsurface conditions and Site geology as set forth in the test borings and soils reports. The Owner does not assume any responsibility whatsoever with respect to the sufficiency or accuracy of the borings made, or of the logs of the test borings, or of other investigations, or of the soils reports furnished pursuant hereto, or of the interpretations to be made beyond the location or depth of the borings. There is no warranty or guarantee, either express or implied that the conditions indicated by such investigations, borings, logs, soil reports or other information are representative of those existing throughout the Site of the Project, or any 1046
part thereof, or that unforeseen developments may not occur. At the Owner’s request, the Contractor shall make available to the Owner the results of any Site investigation, test borings, analyses, studies or other tests conducted by or in the possession of the Contractor of any of its agents. Nothing herein contained shall be deemed a waiver by the Contractor to pursue any available legal right or remedy it may have at any time against any third party who may have prepared any report and/or test relied upon by the Contractor.
2.2.4 UTILITY SURVEY
When required by the scope of the Project, the Owner will furnish, at its expense, all information regarding known existing utilities on or adjacent to the Site, including location, size, inverts, and depths.
2.2.5 INFORMATION
Upon the request of the Contractor, Owner will make available such existing information regarding utility services and Site features, including existing construction, related to the Project as is available from Owner’s records. The Contractor may not rely upon the accuracy of any such information, other than that provided under Sections 2.2.2 and 2.2.4 (except that the Contractor may not rely upon and must question in writing to the Owner and the Architect any information which appears incorrect based upon Contractor’s Site inspection, knowledge of the Work and Project, and prior experience with similar projects), unless specifically stated in writing that the Contractor may rely upon the designated information.
2.2.6 EXISTING UTILITY LINES; REMOVAL, RELOCATION
2.2.6.1 Removal, Relocation. Pursuant to Government Code section 4215, the Owner assumes the responsibility for removal, relocation, and protection of utilities located on the Site at the time of commencement of construction under this Contract with respect to any such utility facilities which are not identified in the drawings and specifications made part of the invitation to bid. The Contractor shall not be assessed for liquidated damages for delay in Completion of the Work caused by failure of the Owner to provide for removal or relocation of such utility facilities. Owner shall compensate the Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, removing or relocating such utility facilities, and for equipment necessarily idle during such work.
2.2.6.2 Assessment. These subparagraphs shall not be construed to preclude assessment against the Contractor for any other delays in Completion of the Work. Nothing in these subparagraphs shall be deemed to require the Owner to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the Site can be inferred from the presence of other visible facilities, such as buildings, or meter junction boxes on or adjacent to the Site.
2.2.6.3 Notification. If the Contractor, while performing work under this Contract, discovers utility facilities not identified by the Owner in the Contract plans or specifications, Contractor shall immediately notify the Owner and the utility in writing. 1047
2.2.6.4 Underground Utility Clearance. It shall be Contractor’s sole responsibility to timely notify all public and private utilities serving the Site prior to commencing work. The Contractor shall notify and receive clearance from any cooperative agency, such as Underground Service Alert, in accordance with Government Code section 4216, et seq.
Contractor shall promptly provide a copy of all such notifications to the Owner.
2.2.7 EASEMENTS
Owner shall secure and pay for easements for permanent structures or permanent changes in existing facilities, if any, unless otherwise specified in the Contract or Contract Documents.
2.2.8 REASONABLE PROMPTNESS
Information or services under Owner’s control will be furnished by the Owner with reasonable promptness. The Owner shall not be liable for any delays caused by factors beyond the Owner’s control including any other local, State or federal agency’s review of bids, change order requests, RFI’s or any other documents.
2.2.9 COPIES FURNISHED
The Contractor will be furnished such copies of Drawings and Project Manuals as are stated in the Contract Documents.
2.2.10 DUTIES CUMULATIVE
The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein, and especially those in Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion), and Article 11 (Insurance and Bonds).
2.3 OWNER’S RIGHT TO STOP THE WORK
If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or persistently fails to carry out Work in accordance with the Contract Documents, the Owner may order the Contractor to stop the Work or any portion thereof, until the Contractor corrects the deficiencies. Contractor shall not be entitled to a time extension for any delays caused by such order. The right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Article 6.
2.4 OWNER’S RIGHT TO CARRY OUT THE WORK
If the Contractor fails or refuses to carry out the Work in accordance with the Contract Documents, Owner may correct such deficiencies by whatever reasonable method the Owner may deem expedient without prejudice to other remedies the Owner may have, including but not limited to having another contractor perform some or all of the Work without terminating the 1048
Contract with Contractor. Owner may exercise this right at any time during the Contractor’s Work.
Owner shall first provide written notice to Contractor of Contractor’s failure or refusal to perform. The notice will provide the time period within which Contractor must begin correction of the failure or refusal to perform. If the Contractor fails to begin correction within the stated time, or fails to continue correction, the Owner may proceed to correct the deficiencies. In the event the Owner bids the work, Contractor shall not be eligible for the award of the contract.
The Contractor may be invoiced the cost to Owner of the work, including compensation for additional professional and internally generated services and expenses made necessary by Contractor’s failure or refusal to perform. Owner may withhold that amount from the retention, or progress payments due the Contractor, pursuant to Section 9.5. If retention and payments withheld then or thereafter due the Contractor are not sufficient to cover that amount, the Contractor shall pay the difference to the Owner.
ARTICLE 3
THE CONTRACTOR
3.1 DEFINITION
The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term “Contractor” means the Contractor or the Contractor’s authorized representative. To the extent that any portion of the Work is provided with the Contractor’s own forces, any reference to Subcontractors shall be equally applicable to the Contractor.
3.2 SUPERVISION AND CONSTRUCTION PROCEDURES
3.2.1 CONTRACTOR
The Contractor shall supervise and direct the Work using the Contractor’s best skill and attention, which shall meet or exceed the standards in the industry. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, procedures, and coordinating all portions of the Work under the Contract, unless Contract Documents give other specific instructions concerning these matters.
If part of the Project is performed by other contractors that Owner directly retains, Owner shall schedule and coordinate the activities of Contractor with the other contractors. Contractor agrees to accept the Owner’s construction schedules, schedule updates, overall sequence and coordination of construction for the Project.
Contractor realizes that work by other contractors or Owner may occur simultaneously with Contractor’s Work in any given area. Contractor is responsible for its own sequences that may occur within a given activity or set of activities. Contractor shall not commit or permit any act which will adversely affect the work of any other contractor or Owner. Contractor shall provide 1049
layout of its Work at the request of any other contractor or Owner.
Specific duties of the Contractor shall be in accordance with Title 24 of the California Code of Regulations.
3.2.2 CONTRACTOR RESPONSIBILITY
The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors, material and equipment suppliers, and their agents, employees, invitees, and other persons performing portions of the Work under direct or indirect contract with the Contractor or any of its Subcontractors.
3.2.3 OBLIGATIONS NOT CHANGED BY OTHERS’ ACTIONS
The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents by the activities or duties of the Owner’s representatives, including but not limited to any construction manager and the Architect, or the Inspector of Record; or by tests, inspections, or approvals required or performed by persons other than the Contractor.
3.2.4 CONTRACTOR RESPONSIBILITY FOR READINESS FOR WORK
The Contractor shall be responsible for inspection of Work already performed under the Contract Documents to determine that such portions are in proper condition to receive subsequent work.
3.2.5 PROJECT MEETINGS
During its Work, Contractor shall attend Owner’s Project meetings as scheduled by the Contract Documents, or as otherwise instructed by Owner, to discuss the current status of the Work and Project and the future progress of the Work and the Project. Contractor shall have five (5) days after receipt of Owner’s Project meeting minutes to provide written objections and suggested corrections.
3.3 SUPERINTENDENT
3.3.1 FULL TIME SUPERINTENDENT
The Contractor shall provide a competent superintendent and assistants as necessary, all of whom shall be reasonably proficient in speaking, reading and writing English and, who shall be in attendance at the Project Site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor.
3.3.2 STAFF
The Contractor and each Subcontractor shall: furnish a competent and adequate staff as necessary for the proper administration, coordination, supervision, and superintendence of its 1050
portion of the Work; organize the procurement of all materials and equipment so that the materials and equipment will be available at the time they are needed for the Work; and keep an adequate force of skilled workers on the job to Complete the Work in accordance with all requirements of the Contract Documents.
3.3.3 RIGHT TO REMOVE
Owner shall have the right, but not the obligation, to require the removal from the Project of any superintendent, staff member, agent, or employee of any Contractor, Subcontractor, material or equipment supplier, etc., for cause.
3.4 LABOR AND MATERIALS
3.4.1 CONTRACTOR TO PROVIDE
Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, material, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and Completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Owner shall have no responsibility for security of, or repair or replacement costs of, any and all material, equipment, tools, construction equipment, and machinery provided by Contractor pursuant to this Subsection.
3.4.2 QUALITY
Unless otherwise specified, all materials and equipment to be permanently installed in the Project shall be new and shall be of such quality as required to satisfy the standards of the Contract Documents. The Contractor shall, if requested, promptly furnish satisfactory evidence as to kind and quality of all materials and equipment. All labor shall be performed by workers skilled in their respective trades, and the quality of their work shall meet whichever is the higher standard for their work: the standard in the industry or the standard in the Contract Documents.
3.4.3 REPLACEMENT
Any work, materials, or equipment, which does not conform to these standards may be disapproved and rejected by the Owner, in which case, they shall be removed and replaced by the Contractor at no cost to the Owner.
3.4.4 DISCIPLINE
The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Contract in accordance with paragraph 5.5.1 including, but not limited to, Subcontractors, and material or equipment suppliers retained for the Project. 1051
3.5 WARRANTY
For the period of one (1) year after Completion of the Work (see Sections 9.7.1, 12.2.5 and
12.2.6), the Contractor warrants to the Owner that material and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents.
Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor’s warranty does not cover damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
3.6 TAXES
Contractor will pay all applicable Federal, State, and local taxes on all materials, labor, or services furnished by it, and all taxes arising out of its operations under the Contract Documents.
Owner is exempt from Federal Excise Tax, and a Certificate of Exemption shall be provided upon request.
3.7 PERMITS, FEES AND NOTICES
3.7.1 PAYMENT
The Contractor shall secure and pay for all permits and governmental fees, licenses, and inspections necessary for proper execution and Completion of the Work which are customarily secured after execution of the Contract and are legally required by any authority having jurisdiction over the Project.
3.7.2 COMPLIANCE
The Contractor shall comply with and give notices required by any law, ordinance, rule, regulation, and lawful order of public authorities bearing on performance of the Work.
3.7.3 CONTRACT DOCUMENTS
It is not the Contractor’s responsibility to ascertain that the Contract Documents are in accordance with any applicable law, statute, ordinance, building codes, rule, or regulation.
However, if the Contractor knew, or should have known, or observes that portions of the Contract Document are at variance therewith, the Contractor shall promptly notify the Architect, any construction manager, and Owner in writing, and necessary changes shall be accomplished by appropriate modification.
1052
3.7.4 RESPONSIBILITY
If the Contractor performs any work that it knows, or should have known, is contrary to any law, statute, ordinance, building code, rule or regulation, the Contractor shall assume full responsibility for such work, and shall bear the attributable cost of correction and delays to the Work, other contractors’ work, and the Project.
3.8 ALLOWANCES
3.8.1 CONTRACT
The Contractor shall include in the Contract Sum all allowances, including any general contingency allowance, stated in the Contract Documents. Items covered by specific allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against whom the Contractor makes reasonable and timely objection.
3.8.2 SCOPE
3.8.2.1 Prompt Selection. Materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay to the Work.
3.8.2.2 Cost. Allowances shall cover the cost to the Contractor of materials and equipment delivered at the Site and all required taxes, less applicable trade discounts, etc., as delineated in paragraph 7.7.4.
3.8.2.3 Cost Included in Contract Sum. Contractor’s costs for unloading and handling at the Site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances.
3.8.2.4 Contract Sum Adjustment. Whenever Contractor seeks payment from an allowance and the requested costs are approved by Owner as compliant with the Contract Documents (including Sections 3.8.2.2 and 3.8.2.3, above), Owner may elect to pay the approved costs from the allowance, or pay the costs via Change Order. Any such allowance payment shall conform to the requirements of the Agreement and other Contract Documents.
3.9 CONTRACTOR’S CONSTRUCTION SCHEDULES
3.9.1 REQUIREMENTS
Before the Contractor’s commencement of Work or within two (2) weeks of award of the Contract, whichever is earlier, Contractor shall prepare and submit for the Owner’s, and any construction manager’s, information the baseline construction schedule for the Work, which shall conform to the Contract Documents’ requirements.
1053
Contractor shall submit an updated schedule by the first day of every month, and whenever else requested by the Owner. Each schedule update must include an accurate as-built schedule and the current as-planned schedule, both of which shall conform to the Contract Documents’ requirements. Contractor shall submit its daily logs for the prior month with the updated schedule.
The original schedule and all updates shall conform, at a minimum, to industry standards for (a) critical path scheduling and (b) facilitation of Owner’s Project management and evaluation of Contractor Claims for additional money or time.
The original schedule and all updates shall not exceed time limits (including milestone deadlines) under the Contract Documents and shall comply with the Contract Documents scheduling requirements and with any scheduling requirements the Owner provides to the Contractor at the beginning of the Work. The original schedule and all updates shall accurately reflect Work performed to date, reasonable dates for future Work; all construction activities (including procurement); the critical path schedule for Completion of the remainder of the Work; the logic, sequencing, and relationship between the contruction activities, including each activity’s predecessor and successor activities; and the percentage of the Work completed. The original schedule and all updates shall include a reasonable number of days for weather that is usual or common for each month, as time extensions are not available for such days (see Sections 4.5.5.3.2 and 8.4.1, below); and any failure by Contractor to include a reasonable number of such days, or by Owner to require Contractor to include a reasonable number of such days, shall not affect the reasonable number of such days to be used when determining time extensions under Sections 4.5.5.3.2 and 8.4.1, below.
The construction schedule shall be in the form of either a tabulation, chart, or graph, unless otherwise stated in Division 1 of the Specifications, and shall be in sufficient detail to show the chronological relationship of all activities of the Work including, but not limited to, estimated starting and completion dates of various activities, (including early and late dates and reasonable float for each activity), procurement of materials, the critical path, and scheduling of equipment.
Float suppression techniques such as preferential sequencing, special lead/lag logic restraints, extended activity durations, or imposed dates shall be apportioned for the benefit of the Work.
Whenever in the Contract Documents Contractor is required to provide a schedule and/or schedule updates, the Contractor shall provide the schedule and updates in electronic format as well as hard copy. Contractor shall be solely responsible for the accuracy, utility and reasonableness of all of its schedules. Owner’s acceptance, approval or non-rejection of Contractor’s schedules shall not affect Contractor’s responsibility for its schedules.
The Contractor and Owner shall use any float on a “first come, first served” basis. The original schedule and updates shall reflect Contractor’s and Owner’s use of float. Float is not for the exclusive use or benefit of either Owner or Contractor, but it is a jointly owned expiring Work resource available to both parties as needed to meet schedule milestones. For the original schedule and updates, Contractor shall use a critical path network format with the critical paths clearly indicated. Contractor shall use an MS Project, Primavera, or an equivalent or better program. Contractor shall include reports that sort and list the activities in order of increasing float and by early and late start dates. Contractor shall endeavor to label ten to thirty percent 1054
(10-30%) of the tasks as critical, but shall not label less than five (5%) or more than fifty (50%) as critical. Contractor shall use calendar days.
If any change in Contractor’s method of operations will cause a change in the construction schedule, Contractor shall submit to Owner, Architect, and any construction manager, a revised construction schedule within seven (7) days of the change.
If, in the Owner’s opinion, the Contractor is not prosecuting the Work at a rate sufficient to meet the Work schedule or a contractual milestone, or to Complete the Work within the Contract Time as adjusted by change orders or if the Contractor’s actual progress falls behind the Work schedule or it is apparent to Owner that Contractor will not meet contractual milestones or Complete the Work within the Contract Time (as adjusted by change orders), the Owner may require that the Contractor prepare and submit a recovery plan. Contractor must submit a recovery plan within seven (7) days of a demand for the plan. At a minimum, the recovery plan must include a proposed schedule that shows Completion of the Work by the contractual milestones and within the Contract Time, as adjusted by change orders, or Completion by other dates Owner specifies in the demand for a recovery plan. The recovery plan shall state the corrective actions Contractor will undertake to implement it. The recovery plan shall also list any additional money that Contractor believes it should receive if Owner orders Contractor to fully or partially implement the recovery plan. If the Owner orders Contractor to implement the recovery plan, Contractor shall do so, but the order shall not constitute an admission by Owner that Contractor is entitled to additional money. To recover additional money, Contractor must comply with General Conditions Articles 4.5, 7 and 8.
All schedules Contractor submits shall be certified as true and correct, as follows:
I, __________ [name of declarant], declare the following:
____________ [Contractor company name] has contracted with ______ [public entity name] for the ____________ Contract (“Contract”). __________ [Contractor company name] authorized me to prepare schedules for _________ [public entity name] for this Project, and I prepared the attached schedule. I am the most knowledgeable person at _______ [Contractor company name] regarding the scheduling of the Work for this Contract.
The attached schedule does not breach the Contract between ______ [Contractor company name] and ______ [public entity name] for this Project, does not violate any applicable law, satisfies all provisions of the Contract applicable to submission of schedules, only contains truthful and accurate asbuilt and as-planned dates of the Work (including supporting data), and is not a false claim.
The attached schedule is submitted in compliance with all laws applicable to submission of a Claim, including but not limited to California Penal Code section 72 (Fraudulent Claims), Government Code sections 12650 et seq. 1055
(False Claims Act; for example, Government Code section 12651(a)(7)), and Business and Professions Code sections 17200 et seq. (Unfair Business Practices Act). I am aware that submission or certification of false claims, or other Claims that violate law or the Contract, may lead to fines, imprisonment, and/or other serious legal consequences for myself and/or _____ [Contractor company name].
While preparing this declaration and schedule I consulted with others (including attorneys, consultants, or others who work for _____ [Contractor company name]) when necessary to ensure that the statements were true and correct.
I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed _________, 20__, at ___________, California.
_______________ [signature]
_______________ [name of declarant]
3.9.2 FAILURE TO MEET REQUIREMENTS
Failure of the Contractor to provide proper schedules may, at the sole discretion of Owner, constitute either grounds to withhold, in whole or in part, progress payments to the Contractor, or a breach of contract allowing Owner to terminate the Contract.
3.10 DOCUMENTS AND SAMPLES AT THE SITE
The Contractor shall maintain at the Site for the Owner one applicable copy of Titles 19 and 24 and record copy of the Drawings, Specifications, Addenda, Change Orders, and other Modifications, in good order and marked currently to record changes and selections made during construction. In addition, the Contractor shall maintain at the Site approved Shop Drawings, Product Data, Samples, and similar required submittals. These documents shall be available to the Owner and shall be delivered to the Owner, or the Architect for delivery to the Owner, upon Completion of the Work.
3.11 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES
3.11.1 SUBMITTALS DEFINED
3.11.1.1 Shop Drawings. The term “shop drawings” as used herein means drawings, diagrams, schedules, and other data, which are prepared by Contractor, Subcontractors, manufacturers, suppliers, or distributors illustrating some portion of the Work, and includes: illustrations; fabrication, erection, layout and setting drawings; manufacturer’s standard drawings; schedules; descriptive literature, instructions, catalogs, and brochures; 1056
performance and test data including charts; wiring and control diagrams; and all other drawings and descriptive data pertaining to materials, equipment, piping, duct and conduit systems, and methods of construction as may be required to show that the materials, equipment, or systems and their position conform to the requirements of the Contract Documents. The Contractor shall obtain and submit with the shop drawings all seismic and other calculations and all product data from equipment manufacturers. “Product data” as used herein are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate a material, product, or system for some portion of the Work. As used herein, the term “manufactured” applies to standard units usually massproduced, and “fabricated” means items specifically assembled or made out of selected materials to meet individual design requirements. Shop drawings shall: establish the actual detail of all manufactured or fabricated items, indicate proper relation to adjoining work, amplify design details of mechanical and electrical systems and equipment in proper relation to physical spaces in the structure, and incorporate minor changes of design or construction to suit actual conditions.
3.11.1.2 Samples. The term “samples” as used herein are physical examples furnished by Contractor to illustrate materials, equipment, or quality and includes natural materials, fabricated items, equipment, devices, appliances, or parts thereof as called for in the Specifications, and any other samples as may be required by the Owner to determine whether the kind, quality, construction, finish, color, and other characteristics of the materials, etc., proposed by the Contractor conform to the required characteristics of the various parts of the Work. All Work shall be in accordance with the approved samples.
3.11.1.3 Contractor’s Responsibility. Contractor shall obtain and shall submit to Architect all required shop drawings and samples in accordance with Contractor’s “Schedule for Submission of Shop Drawings and Samples” provisions in Division 1 of the Specifications and in accordance with the Contractor’s original and updated schedules, and with such promptness as to cause no delay in its own Work or in that of any other contractor, Owner or subcontractor but in no event later than ninety (90) days after the execution of the Agreement. Contractor may be assessed $100 a day for each day it is late in submitting a shop drawing or sample. No extensions of time will be granted to Contractor or any Subcontractor because of its failure to have shop drawings and samples submitted in accordance with the Schedule. Each Subcontractor shall submit all shop drawings, samples, and manufacturer’s descriptive data for the review of the Owner, the Contractor, and the Architect through the Contractor. By submitting shop drawings, product data, and samples, the Contractor or submitting party (if other than Contractor) represents that it has determined and verified all materials, field measurements, field conditions, catalog numbers, related field construction criteria, and other relevant data in connection with each such submission, and that it has checked, verified, and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. At the time of submission, any deviation in the shop drawings, product data, or samples from the requirements of the Contract Documents shall be narratively described in a transmittal accompanying the submittal. However, submittals shall not be used as a means of requesting a substitution, the procedure for which is defined in paragraph 3.11.4, “Substitutions.” Review by Owner and Architect shall not relieve the Contractor or any Subcontractor from its responsibility in preparing and submitting proper shop drawings in 1057
accordance with the Contract Documents. Contractor shall stamp, sign, and date each submittal indicating its representation that the submittal meets all of the requirements of the Contract Documents. Any submission, which in Owner’s or Architect’s opinion is incomplete, contains numerous errors, or has been checked only superficially by Contractor will be returned unreviewed for resubmission by the Contractor.
3.11.1.4 Extent of Review. In reviewing shop drawings, the Owner will not verify dimensions and field conditions. The Architect will review and approve shop drawings, product data, and samples for aesthetics and for conformance with the design concept of the Work and the information given in the Contract Documents. The Architect’s review shall neither be construed as a complete check nor relieve the Contractor, Subcontractor, manufacturer, fabricator, or supplier from responsibility for any deficiency that may exist or from any departures or deviations from the requirements of the Contract Documents unless the Contractor has, in writing, called the Architect’s attention to the deviations at the time of submission and the Architect has given specific written approval. The Architect’s review shall not relieve the Contractor or Subcontractors from responsibility for errors of any sort in shop drawings or schedules, for proper fitting of the Work, or from the necessity of furnishing any Work required by the Contract Documents, which may not be indicated on shop drawings when reviewed. Contractor and Subcontractors shall be solely responsible for determining any quantities, whether or not shown on the shop drawings.
3.11.2 DRAWING SUBMISSION PROCEDURE
3.11.2.1 Transmittal Letter and Other Requirements. All shop drawings must be properly identified with the name of the Project and Contractor’s name and dated, and each lot submitted must be accompanied by a letter of transmittal referring to the name of the Project and Contractor and to the Specification section number for identification of each item clearly stating in narrative form, as well as “clouding” on the submissions, all qualifications, departures, or deviations from the Contract Documents, if any. Shop drawings, for each section of the Work, shall be numbered consecutively, and the numbering system shall be retained throughout all revisions. All Subcontractor submissions shall be made through the Contractor. Each drawing shall have a clear space for the stamps of Architect and Contractor. Only shop drawings required to be submitted by the Contract Documents shall be reviewed.
3.11.2.2 Copies Required. Each submittal shall include one (1) legible, reproducible sepia and five (5) legible prints of each drawing, including fabrication, erection, layout and setting drawings, and such other drawings as required under the various sections of the Specifications until final acceptance thereof is obtained. Subcontractor shall submit copies, in an amount as requested by the Contractor, of: manufacturers’ descriptive data for materials, equipment, and fixtures, including catalog sheets showing dimensions, performance, characteristics, and capacities; wiring diagrams and controls; schedules; all seismic calculations and other calculations; and other pertinent information as required.
3.11.2.3 Corrections. The Contractor shall make any corrections required by Architect and shall resubmit as required by Architect the required number of corrected copies of shop drawings or new samples until approved. Contractor shall direct specific attention in 1058
writing or on resubmitted shop drawings to revisions other than the corrections required by the Architect on previous submissions. Professional services required for more than one (1) rereview of required submittals of shop drawings, product data, or samples are subject to charge to the Contractor pursuant to paragraph 4.4.
3.11.2.4 Approval Prior to Commencement of Work. No portion of the Work requiring a shop drawing or sample submission shall be commenced until the submission has been reviewed by Owner and approved by Architect unless specifically directed in writing by the Owner. All such portions of the Work shall be in accordance with approved shop drawings and samples.
3.11.3 SAMPLE SUBMISSIONS PROCEDURE
3.11.3.1 Samples Required. In case a considerable range of color, graining, texture, or other characteristics may be anticipated in finished products, a sufficient number of samples of the specified materials shall be furnished by the Contractor to indicate the full range of characteristics, which will be present in the finished products; and products delivered or erected without submittal and approval of full range samples shall be subject to rejection. Except for range samples, and unless otherwise called for in the various sections of the Specifications, samples shall be submitted in duplicate. All samples shall be marked, tagged, or otherwise properly identified with the name of the submitting party, the name of the Project, the purpose for which the samples are submitted, and the date and shall be accompanied by a letter of transmittal containing similar information, together with the Specification section number for identification of each item. Each tag or sticker shall have clear space for the review stamps of Contractor and Architect.
3.11.3.2 Labels and Instructions. Samples of materials, which are generally furnished in containers bearing the manufacturers’ descriptive labels and printed application instructions, shall, if not submitted in standard containers, be supplied with such labels and application instructions.
3.11.3.3 Architect’s Review. The Architect will review and, if appropriate, approve submissions and will return them to the Contractor with the Architect’s stamp and signature applied thereto, indicating the appropriate action in compliance with the Architect’s standard procedures.
3.11.3.4 Record Drawings and Annotated Specifications. The Contractor will prepare and maintain on a current basis an accurate and complete set of Record Drawings showing clearly all changes, revisions, and substitutions during construction, including, without limitation, field changes and the final location of all mechanical equipment, utility lines, ducts, outlets, structural members, walls, partitions, and other significant features, and Annotated Specifications showing clearly all changes, revisions, and substitutions during construction. A copy of such Record Drawings and Annotated Specifications will be delivered to Owner in accordance with the schedule prepared by Contractor. In the event of a specification that allows Contractor to elect one of several brands, makes, or types of material or equipment, the annotations shall show which of the allowable items the Contractor has furnished. The 1059
Contractor will update the Record Drawings and Annotated Specifications as often as necessary to keep them current but no less often than weekly. The Record Drawings and Annotated Specifications shall be kept at the Site and available for inspection by the Owner, Inspector of Record and the Architect. On Completion of the Contractor’s Work and prior to Application for Final Progress Payment, the Contractor will provide one complete set of Record Drawings and Annotated Specifications to the Owner, certifying them to be a complete and accurate reflection of the actual construction conditions of the Work.
3.11.3.5 Equipment Manuals. Contractor shall obtain and furnish to the Owner three (3) complete sets of manuals containing the manufacturers’ instructions for maintenance and operation of each item of equipment and apparatus furnished under the Contract Documents and any additional data specifically requested under the various sections of the Specifications for each division of the Work. The manuals shall be arranged in proper order, indexed, and placed in three-ring binders. At the Completion of its Work, the Contractor shall certify, by endorsement thereon, that each of the manuals is complete, accurate, and covers all of its Work.
Prior to submittal of Contractor’s Application for Final Progress Payment, and as a further condition to its approval by the Architect, each Subcontractor shall deliver the manuals, arranged in proper order, indexed, endorsed, and placed in three-ring binders, to the Contractor, who shall assemble these manuals for all divisions of the Work, review them for completeness, and submit them to the Owner through the Architect.
3.11.3.6 Owner’s Property. All shop drawings and samples submitted shall become the Owner’s property.
3.11.4 SUBSTITUTIONS
3.11.4.1 One Product Specified. Unless the Specifications state that no substitution is permitted, whenever in the Contract Documents any specific article, device, equipment, product, material, fixture, patented process, form, method, or type of construction is indicated or specified by name, make, trade name, or catalog number, with or without the words “or equal,” such specification shall be deemed to be used for the purpose of facilitating description of material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer any material, process, or article, which shall be substantially equal or better in every respect to that so indicated or specified and will completely accomplish the purpose of the Contract Documents.
3.11.4.2 Two or More Products Specified. When two or more acceptable products are specified for an item of the Work, the choice will be up to the Contractor.
Contractor shall utilize the same product throughout the Project. If a timely substitution request as set forth in Section 3.11.4.3 is not provided and an “or equal” substitution is requested, the Owner may consider the substitution if the product specified is no longer commercially available. If the Owner allows the substitution to be proposed pursuant to such an untimely request, the Contractor will be responsible for the professional fees incurred by the Architect or Architect’s consultants in reviewing the proposed substitution which fees may be withheld from progress payments and/or retention.
1060
3.11.4.3 Substitution Request Form. Requests for substitutions of products, materials, or processes other than those specified must be made on the Substitution Request form available from the Owner prior to the date of the bid opening. Any Requests submitted less than fourteen (14) days prior to the date of the bid opening will not be considered, except as noted in paragraph 3.11.4.2. A Substitution Request must be accompanied by evidence as to whether or not the proposed substitution: is equal in quality and serviceability to the specified item; will entail no changes in detail and construction of related work; will be acceptable in consideration of the required design and artistic effect; will provide no cost disadvantage to Owner; and will require no excessive or more expensive maintenance, including adequacy and availability of replacement parts. The burden of proof of these facts shall be upon the Contractor. The Contractor shall furnish with its request sufficient information to determine whether the proposed substitution is equivalent including but not limited to all drawings, specifications, samples, performance data, calculations, and other information as may be required to assist the Architect and the Owner in determining whether the proposed substitution is acceptable. The final decision shall be the Owner’s. The written approval of the Owner, consistent with the procedure for Change Orders, shall be required for the use of a proposed substitute material. Owner may condition its approval of the substitution upon delivery to Owner of an extended warranty or other assurances of adequate performance of the substitution. If Contractor requests substitutions that require approval by another governmental entity with jurisdiction, Contractor shall bear all risks of delay.
3.11.4.4 List of Manufacturers and Products Required. The Subcontractor shall prepare and submit to the Contractor within thirty (30) days of execution of the Subcontract comprehensive lists, in quadruplicate, of the manufacturers and products proposed for the Project, including information on materials, equipment, and fixtures required by the Contract Documents, as may be required for Contractor’s or Architect’s preliminary approval. Approval of such lists of products shall not be construed as a substitute for the shop drawings, manufacturer’s descriptive data, and samples, which are required by the Contract Documents, but rather as a base from which more detailed submittals shall be developed for the final review of the Contractor and the Architect.
3.11.5 DEFERRED APPROVALS
Deferred approvals shall be submitted and processed pursuant to the requirements of Division 1 of the Specifications. All risks of delay due the approval of a deferred approval by any governmental agency having jurisdiction over the Project shall be on the requesting party.
3.12 CUTTING AND PATCHING
3.12.1 SCOPE
The Contractor shall be responsible for cutting, fitting, or patching required to Complete the Work or to make its parts fit together properly.
1061
3.12.2 CONSENT
The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or a separate contractor by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor’s consent to cutting or otherwise altering the Work. All cutting shall be done promptly, and all repairs shall be made as necessary.
3.12.3 STRUCTURAL MEMBERS
New or existing structural members and elements, including reinforcing bars and seismic bracing, shall not be cut, bored, or drilled except by written authority of the Architect. Work done contrary to such authority is at the Contractor’s risk, subject to replacement at its own expense and without reimbursement under the Contract. Agency approvals shall be obtained by the Architect, not by the Contractor.
3.12.4 SUBSEQUENT REMOVAL
Permission to patch any areas or items of the Work shall not constitute a waiver of the Owner’s or the Architect’s right to require complete removal and replacement of the areas of items of the Work if, in the opinion of the Architect or the Owner, the patching does not satisfactorily restore quality and appearance of the Work or does not otherwise conform to the Contract Documents.
Any costs caused by defective or ill-timed cutting or patching shall be borne by the person or entity responsible.
3.13 CLEANING UP
3.13.1 CONTRACTOR’S RESPONSIBILITY
The Contractor shall keep the Site and surrounding area free from accumulation of waste material or rubbish caused by operations under the Contract. The Site shall be maintained in a neat and orderly condition. All crates, cartons, paper, and other flammable waste materials shall be removed from Work areas and properly disposed of at the end of each day. The Contractor shall continuously remove from and about the Site the waste materials, rubbish, tools, construction equipment, machinery, and materials no longer required for the Work. 1062
3.13.2 FAILURE TO CLEANUP
If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so, without prior notice to the Contractor and the cost thereof shall be invoiced to the Contractor and withheld from progress payments and/or retention. Each Subcontractor shall have the responsibility for the cleanup of its own Work. If the Subcontractor fails to clean up, the Contractor must do so.
3.13.3 CONSTRUCTION BUILDINGS
When directed by the Owner or the Architect, Contractor and Subcontractor shall dismantle temporary structures, if any, and remove from the Site all construction and installation equipment, fences, scaffolding, surplus materials, rubbish, and supplies belonging to Contractor or Subcontractor. If the Contractor does not remove the tools, equipment, machinery, and materials within fifteen (15) days after Completion of its Work, then they shall be deemed abandoned, and the Owner can dispose of them for its own benefit in whatever way it deems appropriate. Contractor shall pay for any costs to dispose of the items.
3.14 ACCESS TO WORK
The Contractor shall provide the Owner, the Architect, and the Inspector of Record, access to the Work in preparation and progress wherever located.
3.15 ROYALTIES AND PATENTS
3.15.1 PAYMENT AND INDEMNITY
The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims of infringement of patent rights and shall hold the Owner and the Architect harmless and indemnify them, to the extent not caused by the Owner’s active negligence, sole negligence or willful misconduct, from loss on account thereof but shall not be responsible for such defense or loss when a particular design, process, or product of a particular manufacturer is required by the Contract Documents. However, if the Contractor has reason to believe the required design, process, or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Owner and Architect.
3.15.2 REVIEW
The review by the Owner or Architect of any method of construction, invention, appliance, process, article, device, or material of any kind shall be for its adequacy for the Work and shall not be an approval for the use by the Contractor in violation of any patent or other rights of any person or entity.
3.16 INDEMNIFICATION
3.16.1 SCOPE: CONTRACTOR
1063
To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless the Owner, any construction manager, Architect, Architect’s consultants, the Inspector of Record, the State of California, and their respective agents, employees, officers, volunteers, Boards of Trustees, members of the Boards of Trustees, and directors (“Indemnitees”), from and against claims, actions, damages, liabilities, losses (including but not limited to injury or death of persons, property damage, and compensation owed to other parties), and expenses (including but not limited to attorneys’ fees and costs including fees of consultants) alleged by third parties against Indemnitees arising out of or resulting from the following: Contractor’s, its Subcontractors’, or its suppliers’ performance of the Work, including but not limited to the Contractor’s or its Subcontractors’ use of the Site; the Contractor’s or its Subcontractors’ construction of the Project, or failure to construct the Project, or any portion thereof; the use, misuse, erection, maintenance, operation, or failure of any machinery or equipment including, but not limited to, scaffolds, derricks, ladders, hoists, and rigging supports, whether or not such machinery or equipment was furnished, rented, or loaned by any of the Indemnitees; or any act, omission, negligence, or willful misconduct of the Contractor or its Subcontractors or their respective agents, employees, material or equipment suppliers, invitees, or licensees but only to the extent caused in whole or in part by the acts or omissions of the Contractor, its Subcontractors, its suppliers, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity, which would otherwise exist as to a party, person, or entity described in this paragraph. The obligation to defend, indemnify and hold harmless includes any claims or actions by third parties arising out of or resulting from Labor Code section 2810. Contractor shall have no obligation to defend or indemnify the Indemnitees against claims, actions, damages, liabilities, losses, and expenses caused by the active negligence, sole negligence or willful misconduct of Indemnitees. This indemnification shall apply to all liability, as provided for above, regardless of whether any insurance policies are applicable, and insurance policy limits do not act as a limitation upon the amount of the indemnification to be provided by the Contractor.
3.16.2 SCOPE: SUBCONTRACTORS
3.16.2.1 Indemnity. The Subcontractors shall defend, indemnify, and hold harmless the Indemnitees from and against claims, actions, damages, liabilities, and losses (including but not limited to injury or death of persons, property damage, and compensation owed to other parties), and expenses (including but not limited to attorneys’ fees and costs including fees of consultants) alleged by third parties against Indemnitees arising out of or resulting from the following: Subcontractors’ performance of the Work, including but not limited to the Subcontractors’ use of the Site; the Subcontractors’ construction of the Project or failure to construct the Project or any portion thereof; the use, misuse, erection, maintenance, operation, or failure of any machinery or equipment, including, but not limited to, scaffolds, derricks, ladders, hoists, and rigging supports, whether or not such machinery or equipment was furnished, rented, or loaned by any of the Indemnitees; or any act, omission, negligence, or willful misconduct of the Subcontractors or their respective agents, employees, material or equipment suppliers, invitees, or licensees but only to the extent caused in whole or in part by the acts or omissions of 1064
the Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity, which would otherwise exist as to a party, person, or entity described in this paragraph. This obligation to defend, indemnify and hold harmless includes any claims or actions by third parties arising out of or resulting from Labor Code section 2810. Subcontractors shall have no obligation to defend or indemnify the Indemnitees against claims, actions, damages, liabilities, losses, and expenses caused by the active negligence, sole negligence or willful misconduct of Indemnitees. This indemnification shall apply to all liability, as provided for above, regardless of whether any insurance policies are applicable, and insurance policy limits do not act as a limitation upon the amount of the indemnification to be provided by the Subcontractors.
3.16.2.2 Joint and Several Liability. In the event more than one Subcontractor is connected with an accident or occurrence covered by this indemnification, then all such Subcontractors shall be jointly and severally responsible to each of the Indemnitees for indemnification, and the ultimate responsibility among such indemnifying Subcontractors for the loss and expense of any such indemnification shall be resolved without jeopardy to any Indemnitee. The provisions of the indemnity provided for herein shall not be construed to indemnify any Indemnitee for its own negligence if not permitted by law or to eliminate or reduce any other indemnification or right which any Indemnitee has by law or equity.
3.16.3 NO LIMITATION
The Contractor’s and the Subcontractor’s obligation to indemnify and defend the Indemnitees hereunder shall include, without limitation, any and all claims, damages, and costs: for injury to persons and property (including loss of use), and sickness, disease or death of any person; for breach of any warranty, express or implied; for failure of the Contractor or the Subcontractor to comply with any applicable governmental law, rule, regulation, or other requirement; and for products installed in or used in connection with the Work.
3.17 OWNER AS INTENDED BENEFICIARY
The Owner is an intended beneficiary of any architectural or engineering work secured by, or performed by, the Contractor to fulfill its obligations under the Contract. Contractor shall state in its contracts with architectural or engineering consultants that their work is for the intended benefit of the Owner.
3.18 NOTICE OF EXCUSE FOR NONPERFORMANCE
If Contractor believes that acts or omissions of Owner (including but not limited to Owner caused delay) have prevented Contractor from performing the Work as required by the Contract Documents and Contractor intends to rely on Owner’s acts or omissions and Civil Code section 1511(1) as reasons to excuse Contractor’s nonperformance or to support, among other things, Contractor’s requests for time extensions under section 4.5, below, Contractor shall provide written notice of the excuse within five (5) days of the Owner’s acts or omissions. If Contractor 1065
fails to timely submit the written notice, Contractor shall have waived any right to later rely on the acts or omissions as a defense to Contractor’s nonperformance or as the basis for a time extension, regardless of the merits of the defense or time extension. Contractor will not have satisfied a condition precedent or exhausted administrative remedies. Contractor acknowledges that these written notices are of critical importance to the Owner’s management of the Work and Project and the mitigation of costs and delays to the Work and Project.
3.19 RECOVERY OF COSTS, DAMAGES, OR TIME EXTENSIONS FROM OWNER Notwithstanding any other provisions of the Contract Documents, Contractor expressly waives its right to recover any special, consequential, or indirect damages from Owner in relation to this Contract or the Project. Contractor may only recover general (also known as direct) damages from Owner to the extent allowed by the Contract Documents.
A Notice of Potential Change, Change Order Request and, if necessary, a Claim (see Sections
4.5, 7.2, and 7.6, below) are the exclusive means for Contractor to preserve its rights to recover any costs, damages, or time extensions related to the Contract or the Project from Owner, including but not limited to alleged breaches of contract based on extra work, delay, wrongful withholding, or wrongful termination. Contractor’s failure to comply with the Contract Documents’ procedures for a COR, CO, and Claim (including but not limited to Sections 4.5,
7.2, 7.6, and 7.7, below) may completely waive Contractor’s rights to recovery any such costs or damages.
3.20 USE OF FEDERAL FUNDS
If federal funds are being used either in whole or in part for this Project (see the Instructions to Bidders), then the Project is subject to, and Contractor must comply with, all applicable federal laws including but not limited to the federal regulations set forth in CFR Title 2, Part 200.
Accordingly, Contractor agrees to comply with all such federal requirements, including but not limited to the following:
A. EQUAL EMPLOYMENT OPPORTUNITY. Contractor agrees to comply with and be bound by Title 14, CFR, Section 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” the terms of which are incorporated by reference as though set forth in full herein.
B. DAVIS-BACON ACT. If the Contract Price exceeds $2,000, Contractor agrees to comply with and be bound by, and assist Owner in ensuring compliance with, the Davis-Bacon Act, as applicable. (40 U.S.C. §§ 3141-3144; 3146-3148 as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).) Contractor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. Additionally, Contractor is required to pay wages 1066
not less than once a week. Furthermore, pursuant to the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”), Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. If the Contract Price exceeds $100,000 that involve the employment of mechanics or laborers, Contractor agrees to comply with and be bound by, and assist Owner in ensuring compliance with, the Contract Work Hours and Safety Standards Act, as applicable. (40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).) Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT AGREEMENT. For all contracts that meet the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” Contractor agrees to comply with and be bound by, and assist Owner in ensuring compliance with, 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” the provisions of which are incorporated herein by this reference, and any implementing regulations issued by the awarding agency, as applicable.
E. CLEAN AIR AND FEDERAL WATER POLLUTION ACT CONTROL. If the Contract Price exceeds $150,000, Contractor agrees to comply with and be bound by, and assist Owner in ensuring compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Any violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
F. DEBARMENT AND SUSPENSION. Contractor represents and warrants that it is not listed on the government-wide exclusions in the System for Award Management (SAM), and Contractor agrees to comply with and be bound by, and assist Owner in ensuring compliance with, the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by 1067
agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
G. BYRD ANTI-LOBBYING AMENDMENT. If the Contract Price exceeds $100,000, Contractor agrees to comply with and be bound by, and assist Owner in ensuring compliance with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). Contractor shall file the declaration and certification required by 31 U.S.C. § 1352(b).
H. PROCUREMENT OF RECOVERED MATERIALS. Contractor agrees to comply with, and be bound by, and assist Owner in ensuring compliance with, 2 CFR Section 200.323, as applicable.
I. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT. Contractor agrees to comply with, and be bound by, and assist Owner in ensuring compliance with, 2 CFR Section 200.216, as applicable.
J. DOMESTIC PREFERENCES FOR PROCUREMENT. Contractor agrees to comply with, and be bound by, and assist Owner in ensuring compliance with, 2 CFR Section 200.322, as applicable. 2 CFR Section 200.322 requires Contractor to provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products), to the greatest extent practicable.
K. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS. Contractor agrees to comply with, and be bound by, and assist Owner in ensuring compliance with, 2 CFR Section 200.321, as applicable. 2 CFR Section 200.321 requires Contractor to take the affirmative steps listed in 2 CFR Section 200.321 paragraphs (b)(1) through (5) to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible.
L. SAFETY AND HEALTH STANDARDS. As required by 34 CFR 75.609, Contractor agrees to comply with and be bound by, and assist Owner in ensuring compliance with, the standards under the Federal Occupational Safety and Health Act of 1970 (29 U.S.C.A., Section 651 et seq.) and State and local codes to the extent that they are more stringent.
M. ENERGY CONSERVATION. As required by 34 CFR 75.616, Contractor agrees to construct facilities to maximize the efficient use of energy and to comply with and be bound by, and assist OWNER in ensuring compliance with, the following standards of the American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE) set forth in 34 CFR 75.616. Contractor shall also comply with and be bound by, and assist Owner in ensuring compliance with, the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plans issued in compliance with the Energy Policy and Conservation Act (Pub. L 94-163, 89 Stat. 871).
N. If any provision is required by federal law, or by the federal grant program funding such project, to be included in the Contract Documents, such provisions shall be deemed by the 1068
parties to have been included.
ARTICLE 4
ADMINISTRATION OF THE CONTRACT
4.1 ARCHITECT
4.1.1 DEFINITION
The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term “Architect” means the Architect or the Architect’s authorized representative, and shall also refer to all consultants under the Architect’s direction and control.
4.1.2 MODIFICATION
To the extent the Contract Documents indicate that Owner has assigned duties or responsibilities to the Architect, Owner reserves the right at all times to reassign such duties or responsibilities to different Owner representatives.
4.1.3 TERMINATION
In the case of the termination of the Architect, the Owner may appoint an architect or another construction professional or may perform such functions with its own licensed professional personnel. The status of the replacement Architect under the Contract Documents shall be that of the former architect.
4.2 ARCHITECT’S ADMINISTRATION OF THE CONTRACT
4.2.1 STATUS
To the extent authorized in the Owner/Architect agreement, the Architect will provide administration of the Contract and may be one of several Owner’s representatives during construction, through release of all retention, and during the one (1) year period following the commencement of any warranties. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent set forth in the Owner/Architect agreement. The Architect will have all responsibilities and power established by law, including California Code of Regulations, Title 24, to the extent set forth in the Owner/Architect agreement.
4.2.2 SITE VISITS
The Architect will visit the Site at intervals necessary in the judgment of the Architect or as otherwise agreed by the Owner and the Architect in writing to become generally familiar with 1069
the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicating that the Work, when Completed, will be in accordance with the Contract Documents.
4.2.3 LIMITATIONS OF CONSTRUCTION RESPONSIBILITY
The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect’s administration of the Contract Documents, or by tests, inspections, or approvals required or performed by persons other than the Contractor.
4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION The Owner and the Contractor shall communicate through the Architect, unless there is a construction manager for the Project or the Owner directs otherwise. Communications between Owner and Subcontractors or material or equipment suppliers shall be through the Contractor.
4.2.5 PAYMENT APPLICATIONS
The Contractor shall submit payment applications to the Architect, unless there is a construction manager for the Project or the Owner directs otherwise.
4.2.6 REJECTION OF WORK
The Architect, Inspector of Record, any construction manager and others may recommend to the Owner that the Owner reject Work which does not conform to the Contract Documents or that the Owner require additional inspection or testing of the Work in accordance with paragraph
13.5.5, whether or not the Work is fabricated, installed, or completed. However, no recommendation shall create a duty or responsibility to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing portions of the Work.
4.2.7 CHANGE ORDERS
The Architect may prepare change orders and construction change directives and may authorize minor changes in the Work.
1070
4.2.8 WARRANTIES UPON COMPLETION
The Architect in conjunction with the Inspector of Record, or as otherwise directed by Owner, will conduct field reviews of the Work to determine the date of Completion, shall receive and forward to the Owner for the Owner’s review and records, written warranties and related documents required by the Contract and assembled by the Contractor. The handling by the Architect of such warranties, maintenance manuals, or similar documents shall not diminish or transfer to the Architect any responsibilities or liabilities required by the Contract Documents of the Contractor or other entities, parties, or persons performing or supplying the Work.
Except as may be otherwise directed by Owner, the Architect will conduct a field review of the Contractor’s comprehensive list of items to be completed or corrected for development of a punch list and one (1) follow-up field review if required. The cost incurred by the Owner for further field reviews or the preparation of further punch lists by the Architect shall be invoiced to the Contractor and withheld from payment and/or retention.
4.2.9 INTERPRETATION
The Architect, Inspector of Record, any construction manager, the Owner or any independent consultant of Owner, as Owner deems appropriate, will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of the Contractor. The Owner’s response to such requests will be made with reasonable promptness, while allowing sufficient time to permit adequate review and evaluation of the request.
4.2.10 ADDITIONAL INSTRUCTIONS
4.2.10.1 Architect’s Interpretations and Decisions. Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations of and decisions regarding the Contract Documents, the Architect will endeavor to secure faithful performance under the Contract Documents by both the Owner and the Contractor and will not show partiality to either. The Work shall be executed in conformity with, and the Contractor shall do no work without, approved drawings, Architect’s clarifying instructions, and/or submittals.
4.2.10.2 Typical Parts and Sections. Whenever typical parts or sections of the Work are completely detailed on the Drawings, and other parts or sections which are essentially of the same construction are shown in outline only, the complete details shall apply to the Work which is shown in outline.
4.2.10.3 Dimensions. Dimensions of Work shall not be determined by scale or rule. Figured dimensions shall be followed at all times. If figured dimensions are lacking on Drawings, Architect shall supply them on request. The Owner’s decisions on matters relating to aesthetic effect will be final if consistent with the Contract Documents. 1071
4.3 [INTENTIONALLY LEFT BLANK]
4.4 RESPONSIBILITY FOR ADDITIONAL CHARGES INCURRED BY THE
OWNER FOR PROFESSIONAL SERVICES
If at any time prior to the Completion of the requirements under the Contract Documents, through no fault of its own, the Owner is required to provide or secure additional professional services for any reason by any act or omission of the Contractor, the Contractor shall be invoiced by the Owner for any actual costs incurred for any such additional services, which costs may, among other remedies, be withheld from the progress payments and/or retention. Such invoicing shall be independent from any other Owner remedies, including but not limited to liquidated damages. If payments then or thereafter due to the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. Additional services shall include, but shall not be limited to, the following:
A. Services made necessary by the default of the Contractor.
B. Services made necessary due to the defects or deficiencies in the Work of the Contractor.
C. Services required by failure of the Contractor to perform according to any provision of the Contract Documents.
D. Services in connection with evaluating substitutions of products, materials, equipment, Subcontractors proposed by the Contractor, and making subsequent revisions to drawings, specifications, and providing other documentation required (except for the situation where the specified item is no longer manufactured or available).
E. Services for evaluating and processing Claims submitted by the Contractor in connection with the Work outside the established Change Order process.
F. Services required by the failure of the Contractor to prosecute the Work in a timely manner in compliance within the specified time for Completion.
G. Services in conjunction with the testing, adjusting, balancing and start-up of equipment other than the normal amount customarily associated for the type of Work involved.
H. Services in conjunction with more than one (1) re-review of required submittals of shop drawings, product data, and samples.
1072
4.5 NOTICES OF POTENTIAL CHANGE, CHANGE ORDER REQUESTS, AND CLAIMS
If the Contractor identifies the potential for extra work, delay in the critical path schedule, or the need for additional money or time, or if the Contractor requests additional money or time on any grounds (including but not limited to an alleged breach of an implied warranty of the correctness of the plans and specifications [Souza & McCue Construction Co. v. Superior Court (1962) 57 Cal.2d 508]), or if the Contractor believes that Owner has failed to pay amounts due or otherwise breached the Contract, or otherwise believes that it is entitled to a modification of the Contract terms and conditions, then Contractor shall follow the procedures in this Section 4.5 and Article 7, otherwise Contractor shall have waived its rights to pursue those issues and any later attempts to recover money or obtain a modification shall be barred. Contractor specifically acknowledges the Owner’s and public’s interest in, and need to know of, potential changes and disputes as early as possible so Owner can investigate, mitigate and resolve adverse cost and time impacts, if any.
It is Contractor’s obligation to know and comply with the requirements of the Contract Documents, including but not limited to Section 4.5 and Articles 7 and 8, and Owner has no obligation to notify Contractor of any failure to comply with those requirements.
4.5.1 NOTICE OF POTENTIAL CHANGE
Contractor shall submit a written Notice of Potential Change for extra work, critical path delay, or additional money or time. Contractor shall submit written Notices of Potential Change to Owner within five (5) days of the earlier of (a) Contractor becoming aware of the issue creating a potential change, or (b) the date by which Contractor should have become aware of the issue creating a potential change; unless the issues are, or may soon be, adversely affecting the costs or critical path of the Work, in which case the Contractor must submit the written notice without delay so the Owner may take immediate action to mitigate cost and schedule impacts of the change, if any. The written notice shall explain the nature of the potential change so the Owner may take action to mitigate costs and schedule impacts, if necessary.
When submitting a written Notice of Potential Change based on extra work, Contractor shall not perform the extra work until directed in writing to do so by Owner. When submitting a written Notice of Potential Change for an issue of critical path delay, Contractor shall proactively mitigate the effects of the alleged delay as much as reasonably possible so as to minimize any impact to the schedule, until otherwise directed by Owner. If Contractor intends to rely on Owner’s acts or omissions in support of a request for a time extension, then Contractor must also provide the notice set forth in section 3.18, above.
Failure to timely submit a written Notice of Potential Change shall constitute a complete waiver by Contractor of any right to later submit a change order request or pursue a Claim on that issue, or to later pursue any additional money or time extensions in any manner related to that issue, regardless of the merits. Contractor will not have satisfied a condition precedent or exhausted administrative remedies. Contractor acknowledges that these written notices are of critical importance to the Owner’s Work and Project management and the mitigation of Work and Project costs and delays.
1073
4.5.2 CHANGE ORDERS REQUESTS
If, after submitting a written Notice of Potential Change pursuant to Section 4.5.1, Contractor continues to believes that it is entitled to additional money or time (including but not limited to grant of a time extension; payment of money or damages arising from work done by, or on behalf of, the Contractor, payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to; or an amount the payment of which is disputed by the Owner) based on an issue, then Contractor shall submit a Change Order Request (“COR”; see Section 7.6.1) to Owner within twenty (20) days of the earlier of (i) Contractor becoming aware of the issue creating a potential change, or (ii) the date by which Contractor should have become aware of the issue creating a potential change. A rejection at any time or a lack of a rejection by Owner of a Notice of Potential Change does not affect the timeline for submitting a COR.
Failure to timely submit a COR related to an issue, or failure to comply with any of the COR requirements in the Contract shall constitute a complete waiver by Contractor of any right to later submit a COR or Claim on that issue, or to later pursue any additional money (or time) in any manner related to that issue, regardless of the merits. Contractor will not have satisfied a condition precedent or exhausted administrative remedies.
The COR shall state the grounds for the additional money or time requested and the amount of money or time requested, and Contractor shall include all information and documentation supporting the COR, including but not limited to calculations and analysis that demonstrate that the requested money or time is allowed by the applicable contract provisions and law. For any money or time other than the money and time specifically requested in the COR, Contractor will have completely waived its rights to recover such additional money or time (Contractor will not have satisfied a condition precedent or exhausted administrative remedies). If the COR requests time, then the COR must identify the number of days of time being requested and must include some critical path schedule analysis to support the number of days requested. Contractor may not reserve its rights, whether in a COR or other document, to submit a COR at a later time or in a manner other than as required by the Contract Documents. Any inclusion of a reservation of rights in a COR shall be grounds for rejection of the COR.
In the event that costs or delay are continuing to accrue at the time that a COR is required to be submitted, Contractor must still timely submit the COR with all available information and documentation supporting the COR as described above, and Contractor shall identify the costs or delay that are continuing. For continuing costs, the COR must include an estimate of when the extra work is expected to conclude and the total costs that will be incurred by the time that the extra work is expected to conclude. For continuing delay, the COR must include a schedule and delay analysis of when Contractor estimates that the delay will cease, what the final time extension request is estimated to be, and an estimate of the total of delay damages, if any, that will be requested. When the continuing cost or delay ends, within ten (10) days Contractor shall submit an updated COR that states the final dollar amount and/or time extension requested and that includes all required information and documentation. Failure to submit such final COR shall act as a waiver as described above.
1074
Contractor shall certify each COR that it submits, including the initial COR and final COR for a continuing cost or delay, using the form set forth in Section 4.5.5.1, except that every reference to “Claim” shall be changed to “COR.” If a COR is submitted without certification, a certification can still be submitted within the timelines set forth in the first paragraph of Section
4.5.2. If the COR is not timely certified, Contractor will have completely waived its rights to any money or time for that issue. Contractor will not have satisfied a condition precedent or exhausted administrative remedies. A certification of an initial COR for a continuing cost or delay shall include a statement that “Any estimates in the attached initial COR for a continuing cost or delay are based on true and correct facts and reasonable assumptions, as explained in the initial COR.”
The Owner may accept the entire COR, accept part of the COR and reject the remainder, reject the entire COR, or request additional information. If the Owner does not respond within thirty (30) days of submission of the COR by accepting the entire COR, accepting part of the COR and rejecting the remainder, or requesting additional information, the entire COR shall be deemed rejected as of the thirtieth (30th) day. In the case of continuing costs or delay, the 30-day deadline in the previous sentence shall not apply to the initial COR; it will only apply to the final COR (see above). If the Owner requests additional information within thirty (30) days of submission, then the Contractor shall submit the information within fifteen (15) days of the date of the request and the Owner shall have fifteen (15) days after the receipt of the additional information to accept or reject (in whole or in part) the COR. If the Contractor fails to submit the information within fifteen (15) days, then the COR shall be deemed rejected. If the Owner fails to respond within fifteen (15) days after the submission of additional information, the entire COR shall be deemed rejected as of the fifteenth (15th) day.
4.5.3 DEFINITION OF CLAIM
A “Claim” is a separate demand by the Contractor sent by registered or certified mail, return receipt requested, for (a) a time extension, including, without limitation, a request for relief from damages or penalties for delay assessed by Owner under the Contract Documents; (b) payment by Owner of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract Documents, and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to (including but not limited to a claim for damages based on misleading or incomplete plans or specifications); or (c) an amount the payment of which is disputed by the Owner. A Claim includes any claim within the scope of Public Contract Code sections 9204 or 20104 et seq., and any alleged violation of a prompt payment statute.
Resubmittal in any manner of a COR which was previously rejected under Section 4.5.2 constitutes a Claim, whether the COR was rejected in whole or in part, and whether the COR was rejected expressly or deemed rejected by Owner inaction. A Claim includes any dispute Contractor may have with the Owner, including one which does not require a Notice of Potential Change or COR under Sections 4.5.1 and 4.5.2, and including any alleged breach of contract by the Owner (such as wrongful withholding of a payment by the Owner). A Claim under this Article 4.5 shall also constitute a claim for purposes of the California False Claims Act. In the event of a conflict between a Claims provision in Division 1 of the Specifications and Section
4.5, Section 4.5 shall take precedence.
1075
The Notice of Potential Change and COR procedures above are less formal procedures which precede the more formal Claim. A Notice of Potential Change does not constitute a Claim. A COR does not constitute a Claim; except that if insufficient time remains before the Claim deadline (see Article 4.5.4) for Contractor to submit a COR and for Owner to process and reject the COR under Article 4.5.2, then either (1) Contractor may submit a COR which Owner shall treat as a Claim, but only if the COR complies with all requirements in this Article 4.5 and Article 7 for COR’s and Claims, or (2) a COR is not required so long as a Claim complying with this Article 4.5 is timely submitted.
A Claim does not include vouchers, invoices, progress payment applications, or other routine or authorized forms of requests for progress payments on the Contract; however, those documents remain “claims” for purposes of the California False Claims Act. A Claim does not include a Government Code Claim. (“Government Code Claim” means a claim under Government Code sections 900 et seq. and 910 et seq.)
4.5.4 TIME FOR SUBMITTING CLAIM; WAIVER
Contractor shall submit a Claim to the Owner’s construction manager (or in the absence of a construction manager, to Architect) and Owner within the earlier of (a) fifteen (15) days after Owner’s rejection of a COR in whole or in part, or (b) fifteen (15) days after a COR being deemed rejected, pursuant to Section 4.5.2 above. If the Claim is not based on an issue for which a COR would be required (such as wrongful withholding by the Owner), then Contractor shall submit the Claim within fifteen (15) days after the date on which Contractor knew, or should have known, about the issue on which the Claim is based. If a Claim has not been submitted as of the date that the Contractor Completes the Work and submittal of the Claim was not yet required under the Contract Documents, then the Claim shall be submitted within seven (7) days of Completion of the Work; and such Claim shall not be barred due to lack of a Notice of Potential Change or COR if the deadline for the Notice of Potential Change or COR was after Completion of the Work.
In addition, within seven (7) days of Completion of the Work, Contractor shall submit to Owner, in writing, a list and summary of all Claims for money or time extensions under or arising out of this Contract which were timely filed, which were fully compliant with the Contract’s requirements for Claims, and which the Contractor wishes to pursue in whole or in part. This Claim summary requirement shall not extend the time for submitting a Claim.
Failure to timely submit a Claim or Claim summary, failure to specifically identify a Claim in the Claim summary, or failure to comply with any of the requirements in the Contract for a Claim, including but not limited to this Article 4, will act as a complete waiver of Contractor’s rights to (a) recover money or time on the issues for which a Claim was required, (b) submit a Government Code Claim for the money or time (see Section 4.5.6.4), and (c) initiate any action, proceeding or litigation for the money or time, regardless of the merits; Contractor will not have satisfied a condition precedent or exhausted administrative remedies. Owner does not have an obligation to reject the Claim for a failure to comply with any of the Claim requirements in the Contract, including the lack of certification, and any failure by Owner to reject, or any delay in rejecting, a Claim on that basis does not waive the Owner’s right to reject the Claim on that basis 1076
at a later time. In no event may the Contractor reserve its rights to assert a Claim for a time extension or additional money beyond the timelines set forth in this provision unless the Owner agrees in writing to allow the reservation.
4.5.5 CONTENT OF CLAIM
4.5.5.1 Claim Format; Waiver
Every Claim shall be in writing. All money or time extensions sought must be stated and itemized in the Claim at the time submitted. The responsibility to substantiate Claims shall rest with the Contractor, and the Contractor shall furnish reasonable documentation to support each Claim, including as applicable, that documentation set forth in sections 4.5.5.2 through 4.5.5.4.
In addition, the Contractor shall include a certification with each and every Claim at the time of submission, as follows:
I, _____ [name of declarant], declare the following:
_______[Contractor company name] has entered into a Contract with ____ [public entity name] on the ______ [name of project] Project. __________ [Contractor company name] authorized me to prepare the attached Claim for money and/or time extension) for ______ [public entity name] regarding ____ [Contractor company’s name] Work on the Contract, and requesting $_________ and/or ___ additional days), and I prepared the attached Claim. I am the most knowledgeable person at ______ [Contractor company name] regarding this Claim.
The attached Claim complies with all laws applicable to submission of a Claim, including but not limited to California Penal Code section 72, Government Code sections 12650 et seq. (False Claims Act), and Business and Professions Code sections 17200 et seq. (Unfair Business Practices Act).
I am aware that submission or certification of false claims, or other claims that violate law or the Contract, may lead to fines, imprisonment, and/or other serious legal consequences for myself or _____[Contractor company name].
The attached Claim does not breach the Contract between _______[Contractor company name] and ______ [public entity name] for this Project, is not a false claim, does not violate any applicable law, satisfies all provisions of the Contract applicable to submission of the Claim, only contains truthful and accurate supporting data, and only requests money and/or time extensions that accurately reflect the adjustments to money and time for which I believe that _______[public entity name] is responsible under its Contract with _______ [Contractor company name].
1077
While preparing this declaration and Claim, I consulted with others (including attorneys, consultants, or others who work for ________[Contractor company name]) when necessary to ensure that the statements were true and correct.
Contractor understands and agrees that any Claim submitted without this certification does not meet the terms of the Contract Documents; that Owner, or Owner’s representatives, may reject the Claim on that basis; and that unless Contractor properly and timely files the Claim with the certification, Contractor cannot further pursue the Claim in any forum and all rights to additional money or time for the issues covered by the Claim are waived due to a condition precedent not having been satisfied.
I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed _________, 20__, at ___________, California.
_______________
______________ [name of declarant]
Contractor’s failure to timely submit a certification will constitute a complete waiver of Contractor’s rights to (a) recover money or time on the issues for which a Claim was required, (b) submit a Government Code Claim (see Section 4.5.6.3) for the money or time, and (c) initiate any action, proceeding or litigation for the money or time. Contractor will not have satisfied a condition precedent or exhausted administrative remedies.
4.5.5.2 Claims for Additional Money
Each Claim for additional money (including but not limited to those described in (b) and (c) of the first paragraph of Section 4.5.3) must include all facts supporting the Claim, including but not limited to all supporting documentation plus a written analysis as to (a) why the claimed cost was incurred, (b) why Contractor could not mitigate its costs, (c) why the claimed cost is the responsibility of the Owner, and (d) why the claimed cost is a reasonable amount. In no event will the Contractor be allowed to reserve its rights, whether in a Claim or other document, to assert a Claim for money at a later time or in a manner other than as required by the Contract Documents. Any inclusion of a reservation of rights in a Claim shall be grounds for rejection of the Claim. Any costs not asserted shall be waived. A Claim may not include any costs incurred in preparation of the Claim or in preparation of any underlying COR, including but not limited to costs of delay analysis.
4.5.5.3 Claims for Additional Time
4.5.5.3.1 Notice of Extent of Claim
If the Contractor wishes to make a Claim for an increase in the Contract Time (including but not limited to Section 4.5.3(a)), the Claim shall include, but not be limited to, all facts supporting the 1078
Claim, all documentation of such facts, all information required by the Contract Documents, all information establishing entitlement to a time extension pursuant to Section 8.4.1 below, a current and certified schedule (see Section 3.9.1, above), and a delay analysis explaining (a) the nature of the delay, (b) the Owner’s responsibility for the claimed delay, (c) the claimed delay’s impact on the critical path, (d) the claimed delay’s impact on the date of Completion (including an analysis of any float still remaining and whether the alleged delay in work exceeds such remaining float), and (e) why Contractor could not mitigate the delay impacts. Failure to include an updated and certified schedule, or a delay analysis, in a Claim seeking a time extension will act as a complete waiver of Contractor’s rights to (i) recover money or time based on the issues addressed by the Claim, (ii) submit a Government Code Claim for the requested money or time (see Section 4.5.6.4), and (iii) initiate any action, proceeding or litigation for the requested money or time, regardless of the merits; Contractor will not have satisfied a condition precedent or exhausted administrative remedies.
In no event will the Contractor be allowed to reserve its rights, whether in a Claim or other document, to assert a Claim for a time extension at a later time or in a manner other than as required by the Contract Documents. Any inclusion of a reservation of rights in a Claim shall be grounds for rejection of the Claim. Any time extension not timely asserted in a certified Claim shall be waived.
4.5.5.3.2 Unusual and Uncommon Weather Claims
If unusual and uncommon weather is the basis for a Claim for additional time, Contractor’s delay analysis (see Section 4.5.5.3.1, above) must also provide Owner data and facts showing that the weather conditions were unusual and uncommon for the period of time, could not have been reasonably anticipated or mitigated, had an adverse effect on the critical path of the scheduled construction, and meet all other Contract requirements for a time extension (including but not limited to Section 8.4.1, below).
4.5.5.4 Subcontractor Requests for Money or Time
A Subcontractor or supplier to Contractor may not submit a request for additional time or money directly to the Owner due to its lack of contractual privity with Owner. If a Subcontractor or supplier submits to Contractor a request for additional money or time based on an alleged breach of the subcontract or supplier contract by Contractor, Contractor may elect to seek money or time from Owner based on that request of the Subcontractor or supplier.
For any such request to Owner by Contractor, Contractor must comply with the requirements and prerequisites in the Contract Documents for requests to the Owner for money or time (including but not limited to Section 4.5 of the General Conditions regarding Notices of Potential Change, Change Order Requests [“CORs”], Claims, and certifications) and with Public Contract Code section 9204(d)(5). Any such COR or Claim by Contractor must include Contractor’s certification (see General Conditions §§4.5.2 and 4.5.5.1), a complete copy of the Subcontractor’s or supplier’s request for money or time (including all documents submitted by the Subcontractor or supplier), and any other necessary supporting documentation. Any such COR or Claim by Contractor must also include (a) Contractor’s detailed analysis of the merit of 1079
Subcontractor’s or supplier’s request to the Contractor, including (i) analysis of Contractor’s alleged breaches of the subcontract or supplier contract that allegedly caused the Subcontractor or supplier to incur damages or delay, and (ii) analysis of all of Contractor’s defenses to the request for money or time by the Subcontractor or supplier; and (b) Contractor’s detailed analysis of the Owner’s liability to Contractor for any money or time that Contractor owes, or may later be determined to owe, to Subcontractor or supplier (including but not limited to how Owner’s alleged breaches of the Contract Documents caused Contractor to breach the subcontract or supplier contract). In any such COR or Claim, Contractor may deny that it is liable to the Subcontractor or supplier for some or all of the requested money or time, or it may assert that it is merely submitting the COR or Claim to Owner on behalf of the Subcontractor or supplier; but doing one or the other would not excuse Contractor from complying with the above requirements for its request to the Owner.
Any failure by Contractor to timely comply with this Section 4.5.5.4 (including a failure to timely submit a Notice of Potential Change, COR, Claim, certifications, or detailed analysis) shall act as a complete waiver of Contractor’s rights to (a) recover money or time from Owner based on any money or time that Contractor owes, or may later be determined to owe, to the Subcontractor or supplier, (b) submit a Government Code Claim to Owner for the money or time requested by the Subcontractor or supplier (see Section 4.5.6.3), and (c) initiate any action, proceeding or litigation against Owner for any money or time that Contractor owes, or may later be determined to owe, to the Subcontractor or supplier. Contractor will not have satisfied a condition precedent or exhausted administrative remedies.
4.5.6 PROCEDURES FOR CLAIMS (PUBLIC CONTRACT CODE SECTION 9204) Claims are subject to this section 4.5.6, and Public Contract Code section 9204, as well as the separate procedures and substantive provisions of Sections 4.5.1 through 4.5.5 and the rest of the Contract Documents. Claims of $375,000 or less, are also subject to Public Contract Code sections 20104 et seq., but to the extent that one of the procedures in Sections 20104 et seq. conflicts with the procedures in Section 9204, the requirements of Section 9204 shall control.
4.5.6.1 Claims
The Owner shall conduct a reasonable review of the Claim and shall respond in writing to any written Claim within 45 days of receipt of the Claim. During that 45-day period, plus any extension, Owner may request in writing additional documentation supporting the Claim or relating to defenses to the Claim the Owner may have against the Contractor. Owner shall review any additional documentation Contractor supplies in response to that request within the 45 day, plus any extension, timeline.
After receipt of a Claim, the 45-day period may be extended by Owner and Contractor. The written response shall identify which portion of the Claim is disputed and what portion is undisputed. If Owner needs approval from its city council to provide the written response, and the city council does not meet within the 45 days or any extended period of time, then the Owner shall have up to three days after the next publicly noticed meeting of the city council to provide the written response. Any payment due on an undisputed portion of the Claim shall be processed 1080
and made within sixty (60) days after the Owner issues the written response. Owner’s failure to respond to a Claim within the above time periods or to otherwise meet the above time requirements shall result in the Claim being deemed rejected in its entirety.
4.5.6.2 Meet and Confer
If the Contractor disputes the Owner’s written response, or the Owner fails to respond within the time prescribed, the Contractor may so notify the Owner, in writing, either within 15 days of receipt of the Owner’s response or within 15 days of the Owner’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a written demand sent by registered or certified mail return receipt requested, the Owner shall schedule a meet and confer conference for settlement of the dispute, which shall take place within 30 days of the demand. Upon written agreement of the Owner and Contractor, the conference may take place during regularly scheduled Project meetings. The informal conference is not a mediation since there is no neutral person facilitating communication to assist the parties to reach agreement; therefore, the provisions of Evidence Code sections 1115-1128 shall not apply to any portion of the informal conference (including but not limited to any documents provided or shown, or statements of fact or opinion made, by a party) unless the parties expressly agree in writing to their application. Any offer of compromise at an informal conference shall not be admissible to prove liability, as provided in Evidence Code section 1152, but this statute’s prohibition of admissibility shall not apply to other statements before or at the informal conference, or in any document prepared for or exchanged at the informal conference.
If Contractor fails to timely notify the Owner that it wishes to meet and confer pursuant to the previous paragraph, then Contractor will have waived all rights to (a) recover money or time on the issues for which a Claim was required, (b) submit a Government Code Claim (see Section
4.5.6) for such money or time, and (c) initiate any action, proceeding or litigation for such money or time. Contractor will not have satisfied a condition precedent or exhausted administrative remedies.
Within ten (10) business days after the conclusion of the meet and confer conference, the Owner shall give a written statement to the Contractor identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within sixty (60) days after the Owner issues the written statement. Within ten (10) business days of issuance of Owner’s written statement, Contractor shall identify in writing the disputed portion of the Claim that shall be submitted to non-binding mediation (which may consist of any nonbinding process, including but not limited to neutral evaluation or a dispute review board), with the Owner and Contractor sharing the costs equally.
The Owner and Contractor shall mutually agree to a mediator within ten (10) business days after the Contractor has identified in writing the disputed portion of the Claim. If they cannot agree upon a mediator, then each shall select a mediator and those two mediators shall select a qualified neutral third party to mediate the disputed portion of the Claim. (Each party shall bear the fees and costs its respective mediator charged in connection with the selection of the neutral mediator). The parties may mutually waive in writing the requirement for mediation. If Contractor fails to timely notify the Owner in writing that it wishes to mediate pursuant to this 1081
paragraph, Contractor will have waived all right to further pursue the Claim pursuant to section
4.5.4. The parties shall reasonably cooperate to schedule and attend a mediation as soon as reasonably possible. Owner’s failure to respond to the Claim within the above time periods or to otherwise meet the above time requirements shall result in the Claim being deemed rejected in its entirety.
4.5.6.3 Government Code Claim
If the Claim or any portion remains in dispute after the mediation and Contractor wishes to pursue it, the Contractor must file a timely and proper Government Code Claim. The filing of a Government Code Claim is specifically required in addition to all contractual procedures described in Sections 4.5 through 4.5.6.2. The above contractual procedures do not act as a substitute for the Government Code Claim process, and the two sets of procedures shall be sequential with the contractual procedures coming first.
Failure to timely file a Government Code Claim shall act as complete waiver of Contractor’s rights to (a) recover money or time on the issues for which a Government Code Claim was required, and (b) initiate any action, proceeding or litigation for such money or time. Contractor will not have satisfied a condition precedent or exhausted administrative remedies.
Owner and Contractor shall proceed with the Government Code Claim according to Government Code, Section 900 et seq., and as otherwise permitted by law. For purposes of the applicable Government Code provisions, and as provided in Public Contract Code section 20104.2(e), the running of the time period within which a Contractor must file a Government Code Claim shall be tolled from the time the Contractor submits a written Claim under Article 4.5 until the time that the Claim is denied, in whole or in part, as a result of the meet and confer process in Section
4.5.6.2, including any period of time utilized by the meet and confer process.
4.5.7 CONTINUING CONTRACT PERFORMANCE
Despite Contractor’s submission of, or Owner’s rejection of, a Notice of Potential Change, COR or Claim, or Government Code Claim based on alleged breaches of the Contract by Owner, the Contractor shall proceed diligently with performance of the Contract as directed by Owner, and the Owner shall continue to make any undisputed payments in accordance with the Contract.
Contractor acknowledges that Completion of the Work is a high priority for both Owner and Contractor as failure to Complete the Work would most likely cause each of them to incur much greater costs and damages than would be incurred if the Work were Completed. If Contractor believes that Owner has breached the Contract and that such breach is preventing or delaying Contractor’s performance as directed by Owner, then Contractor must submit notice as required by Section 3.18, above.
4.5.8 CLAIMS FOR CONCEALED OR UNKNOWN CONDITIONS
4.5.8.1 Trenches or Excavations Less Than Four Feet Below the Surface If Contractor encounters conditions at the Site which are subsurface or otherwise concealed 1082
physical conditions, which differ materially from those indicated in the Contract Documents, or unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall give notice to the Owner promptly before conditions are disturbed and in no event later than ten (10) days after first observance of the conditions. If Contractor believes that such conditions differ materially and will cause an increase in the Contractor’s cost of, time required for, or performance of any part of the Work, Contractor must comply with the provisions above for Notice of Potential Change, Change Order Request, and Claims (beginning with Section 4.5.1).
4.5.8.2 Trenches or Excavations Greater Than Four Feet Below the Surface Pursuant to Public Contract Code section 7104, when any excavation or trenching extends greater than four feet below the surface:
4.5.8.2.1 The Contractor shall promptly, and before the following conditions are disturbed, notify the public entity, in writing, of any:
(1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.
4.5.8.2.2 The public entity shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the Work shall issue a change order under the procedures described in the Contract.
4.5.8.2.3 In the event that a dispute arises between the public entity and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from the Contract Completion deadline, but shall proceed with all Work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
1083
4.5.9 INJURY OR DAMAGE TO PERSON OR PROPERTY
If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, any of the other party’s employees or agents, or others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding ten (10) days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. For a Notice of Potential Change, COR and Claim for additional cost or time related to this injury or damage, Contractor shall follow Section 4.5.
ARTICLE 5
SUBCONTRACTORS
5.1 DEFINITIONS
5.1.1 SUBCONTRACTOR
A Subcontractor is a person or entity, who has a contract with the Contractor to perform a portion of the Work at the Site. The term “Subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term “Subcontractor” does not include a separate contractor or subcontractors of a separate contractor. To the extent that the term Trade Contractor is utilized in the Contract Documents, it shall have the same meaning as the term “Subcontractor.”
5.1.2 SUB-SUBCONTRACTOR
A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the Site. The term “Sub-subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Subsubcontractor or an authorized representative of the Sub-subcontractor.
5.1.3 SPECIALTY CONTRACTORS
If a Subcontractor is designated as a “Specialty Contractor” as defined in section 7058 of the Business and Professions Code, all of the Work outside of that Subcontractor’s specialty shall be performed in compliance with the Subletting and Subcontracting Fair Practices Act, Public Contract Code sections 4100, et seq.
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF
THE WORK
5.2.1 ASSIGNMENT OR SUBSTITUTION - CONSENT OF OWNER
In accordance with Public Contract Code sections 4107 and 4107.5, no Contractor whose bid is accepted shall, without the written consent of the Owner: substitute any person or entity as a 1084
Subcontractor in place of the Subcontractor designated in the original bid; permit any such Subcontract to be assigned or transferred, or allow it to be performed by any person or entity other than the original Subcontractor listed in the original bid; sublet or subcontract any portion of the Work in excess of one-half of one percent (0.5%) of the Contractor’s total bid as to which its original bid did not designate a Subcontractor. Any assignment or substitution made without the prior written consent of the awarding authority shall be void, and the assignees shall acquire no rights in the Contract. Any consent, if given, shall not relieve Contractor or its Subcontractors from their obligations under the terms of the Contract Documents.
5.2.2 GROUNDS FOR SUBSTITUTION
Pursuant to Public Contract Code section 4107 and the procedure set forth therein, no Contractor whose bid is accepted may request to substitute any person or entity as a Subcontractor in place of a Subcontractor listed in the original bid except in the following instances:
A. When the Subcontractor listed in the bid after having a reasonable opportunity to do so, fails or refuses to execute a written contract for the scope of work specified in the subcontractor’s bid and at the price specified in the subcontractor’s bid, when that written contract, based upon the general terms, conditions, plans and specifications for the Project involved or the terms of that Subcontractor’s written bid, is presented to the Subcontractor by the Contractor; B. When the listed Subcontractor becomes insolvent or the subject of an order for relief in bankruptcy;
C. When the listed Subcontractor fails or refuses to perform his or her Subcontract; D. When the listed Subcontractor fails or refuses to meet the bond requirements of the prime contractor set forth in Public Contract Code section 4108.
E. When the Contractor demonstrates to the awarding authority, or its duly authorized officer, subject to the further provisions of Public Contract Code section 4107.5, that the name of the Subcontractor was listed as the result of inadvertent clerical error;
F. When the listed Subcontractor is not licensed pursuant to the Contractors License Law; or
G. When the awarding authority, or its duly authorized officer, determines that the Work being performed by the listed Subcontractor is substantially unsatisfactory and not in substantial accordance with the plans and specifications, or the Subcontractor is substantially delaying or disrupting the progress of the Work.
H. When the listed Subcontractor is ineligible to work on a public works project pursuant to Section 1777.1 of the Labor Code.
1085
I. When the awarding authority determines that a listed Subcontractor is not a responsible contractor.
5.2.2.1 No Change in Contract. Any substitutions of Subcontractors shall not result in any increase in the Contract Sum or result in the granting of any extension of time for Completion of the Work.
5.2.2.2 Substitution Due to Clerical Error. The Contractor, as a condition of asserting a claim of inadvertent clerical error in the listing of a Subcontractor, shall, pursuant to Public Contract Code section 4107.5, within two (2) working days after the time of the prime bid opening by the awarding authority, give written notice to the awarding authority and copies of such notice to both the Subcontractor it claims to have listed in error, and the intended Subcontractor who had bid to the Contractor prior to bid opening. Any listed Subcontractor who has been notified by the Contractor in accordance with the provisions of this section as to an inadvertent clerical error, shall be allowed six (6) working days from the time of the prime bid opening within which to submit to the awarding authority and to the Contractor written objection to the Contractor’s claim of inadvertent clerical error.
In all other cases, the Contractor must make a request in writing to the awarding authority for the substitution of a subcontractor, giving reasons therefor. The awarding authority shall mail a written notice to the listed Subcontractor giving reasons for the proposed substitution.
The listed Subcontractor shall have five (5) working days from the date of such notice within which to file with the awarding authority written objections to the substitution.
Failure to file written objections pursuant to the provisions of this section within the times specified herein shall constitute a complete waiver of objection to the substitution by the listed Subcontractor and, where the ground for substitution is an inadvertent clerical error, an agreement by the listed Subcontractor that an inadvertent clerical error was made.
If written objections are filed, the awarding authority shall give five (5) days notice to the Contractor and to the listed Subcontractor of a hearing by the awarding authority on the Contractor’s request for substitution as provided in Public Contract Code section 4107. The determination by the awarding authority shall be final.
5.3 SUBCONTRACTUAL RELATIONS
By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all obligations and responsibilities, which the Contractor, by the Contract Documents, assumes toward the Owner. Each subcontract agreement shall preserve and protect the rights of the Owner under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each 1086
Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound. Upon written request of the Subcontractor, the Contractor shall identify to the Subcontractor the terms and conditions of the proposed subcontract agreement, which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors.
5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that:
A. Assignment is effective only after termination of the Contract with the Contractor by the Owner for cause pursuant to Article 14 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor in writing; and
B. Assignment is subject to the prior rights of the surety, if any, obligated under any bond relating to the Contract.
5.5 SUBCONTRACTOR’S RESPONSIBILITIES
Every Subcontractor is bound to the following provisions, unless specifically noted to the contrary in the Subcontractor’s contract subject to the limitations of section 5.3.
5.5.1 SUPERVISION BY SUBCONTRACTORS
Subcontractors shall efficiently supervise their Work, using their best skill and attention. Each of them shall carefully study and compare all Drawings, Specifications, and other instructions, shall at once report to Contractor any error or omission which any of them may discover, and shall subsequently proceed with the Work in accordance with instructions from the Contractor concerning such error or omission. Each Subcontractor shall be fully responsible for and shall bear the full risk of loss of all of its property.
5.5.2 DISCIPLINE AND ORDER
Each Subcontractor shall at all times enforce strict discipline and good order among its Subcontractors, material or equipment suppliers, or their agents, employees, and invitees, and shall establish and maintain surveillance over the activities of each of the foregoing to minimize any disturbance, damage, pollution, or unsightly conditions relative to property areas adjacent to or in the vicinity of the Site. The Contractor shall have the right to remove from the Work any employee of a Subcontractor for any reason including, without limitation, incompetence or carelessness.
1087
5.5.3 DEFECTS DISCOVERED
Should the proper and accurate performance of the Work depend upon the proper and accurate performance of other work not included in its Contract, each Subcontractor shall use all necessary means to discover any defect in such other work and shall allow the Contractor, the Owner and Architect, or other Subcontractors as Contractor elects, a reasonable amount of time to remedy such defects. If the Subcontractor should proceed with its Work, it shall be considered to have accepted such other work, unless the Subcontractor shall have proceeded pursuant to instructions in writing by the Contractor over its written objection.
5.5.4 SUBCONTRACTOR INFORMATION
Each Subcontractor shall submit to the Owner, the Contractor, or the Architect, as the case may be, promptly when requested by any of the foregoing, information with respect to the names, responsibilities, and titles of the principal members of its staff, the adequacy of the Subcontractor’s equipment and the availability of necessary materials and supplies.
Subcontractor shall fully cooperate with Contractor in its periodic review of the adequacy of Subcontractor’s supervision, personnel, and equipment, and the availability of necessary materials and supplies and shall promptly comply with the requirements of the Contractor with respect thereto.
5.5.5 TEMPORARY STRUCTURES
Each Subcontractor shall furnish at its expense its own temporary facilities and storage except those specifically agreed to be furnished to it by the Contractor in the Subcontract Agreement.
Subcontractor’s material storage rooms and field offices, etc., will be placed in locations designated by the Contractor. When it becomes necessary due to the progress of the Work for the Subcontractor to relocate its field operations, it will do so in an expeditious manner and at no additional cost to Contractor or Owner. The construction of material storage rooms and field offices, etc., will be of fire resistive material only, such as concrete or gypsum block, rated drywall, or sheet metal.
5.5.6 CHARGES TO SUBCONTRACTOR
Each Subcontractor may be subject to the Contractor’s reasonable charges for hoisting, repair to other work caused by the fault or negligence of Subcontractor, removal of Subcontractor’s rubbish, and clean-up occasioned by Subcontractor.
5.5.7 FINES IMPOSED
Subcontractor shall comply with and pay any fines or penalties imposed for violation of any applicable law, ordinance, rule, regulation, Environmental Impact Report mitigation requirement, and lawful order of any public authority, including, without limitation, all OSHA and California OSHA requirements and those of other authorities having jurisdiction of the safety of persons or property.
1088
5.5.8 PROJECT SIGNS
Each Subcontractor shall not display on or about the Project any sign, trademark, or other advertisement. The Owner will permit a single Project sign, which shall be subject to the Owner’s prior and sole discretion and approval, as to all matters including, without limitation, size, location, material, colors, style and size of printing, logos and trademarks (if any), text, and selection of names to be displayed.
5.5.9 REMEDIES FOR FAILURE TO PERFORM
Without limitation of any other right or remedy available to Contractor under the Contract Documents or at law, should: the Subcontractor fail to perform its portion of the Work in a skilled and expeditious manner in accordance with the terms of the Contract Documents with sufficient labor, materials, equipment, and facilities; delays the progress of the job or otherwise fail in any of its obligations; or either a receiver is appointed for the Subcontractor or the Subcontractor is declared to be bankrupt or insolvent, and such appointment, bankruptcy, or insolvency proceedings or declaration is not set aside within thirty (30) days, then the Contractor, upon three (3) days notice to the Subcontractor (subject to the requirements of Pub. Contracts Code, § 4107), may provide such labor, materials, or perform such work and recover the cost plus profit and overhead from monies due or to become due thereafter to the Subcontractor. The Contractor may terminate the employment of the Subcontractor, taking possession of its tools, materials, and equipment related to the Work and cause the entire portion of the Subcontractor’s Work to be finished either by another Subcontractor or through the Contractor’s own forces.
5.5.10 DISPUTES NOT TO AFFECT WORK
In the event of any dispute as to whether or not any portion of the Work is within the scope of the Work to be performed by a Subcontractor, or any dispute as to whether or not the Subcontractor is entitled to a Change Order for any Work requested of it or entitled to payment, the Subcontractor shall continue to proceed diligently with the performance of the Work.
Regardless of the size or nature of the dispute, the Subcontractor shall not under any circumstances cease or delay performance of its portion of the Work during the existence of the dispute. The Contractor shall continue to pay the undisputed amounts called for under the Subcontract Agreement during the existence of the dispute. Any party stopping or delaying the progress of the Work because of a dispute shall be responsible in damages to the Owner, the Architect, and the Contractor for any losses suffered as a result of the delay.
5.5.11 APPLICATION FOR PAYMENT
Contractor agrees to advise the Subcontractor if any documentation in connection with the Subcontractor’s application for payment has not been accepted or is in any way unsatisfactory.
5.5.12 COMPLIANCE WITH PROCEDURES
Each Subcontractor shall comply with all procedures established by the Contractor for coordination among the Owner, the Owner’s consultants, Architect, Contractor, and the various 1089
Subcontractors for coordination of the Work with all local municipal authorities, government agencies, utility companies, and any other agencies with jurisdiction over all or any portion of the Work. The Subcontractor shall cooperate fully with all of the foregoing parties and authorities.
5.5.13 ON-SITE RECORD KEEPING
Subcontractor shall comply with all on-Site record keeping systems established by the Contractor and shall, upon the request of the Contractor, provide the Contractor with such information and reports as the Contractor may deem appropriate. Without limitation of the foregoing, the Subcontractor shall assemble all required permits and certificates so that they are readily accessible at the Site.
5.5.14 NON-EXCLUSIVE OBLIGATIONS
The specific requirements of Article 5 are not intended to exclude the obligation of the Subcontractor to comply with any of the other provisions of the General Conditions and the other Contract Documents which are relevant to the proper performance of its portion of the Work.
ARTICLE 6
CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
6.1 OWNER’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD
SEPARATE CONTRACTS
6.1.1 OWNER’S RIGHTS
The Owner reserves the right to perform Project work with the Owner’s own forces, or to award separate contracts in connection with such other work or other construction or operations on the Site under contract conditions identical or substantially similar to these including those portions related to insurance. Upon the election to perform such work with its own forces or by separate contracts, the Owner shall notify the Contractor. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall proceed pursuant to Section 4.5 in the Contract Documents.
6.1.2 DESIGNATION AS CONTRACTOR
When separate contracts are awarded for different portions of the Project or other construction or operations on the Site, the term “Contractor” in the Contract Documents in each of those contracts shall mean the contractor who executes each separate Owner/Contractor agreement.
6.1.3 CONTRACTOR DUTIES
Although the Owner shall have overall responsibility for coordination and scheduling of the activities of the Owner’s own forces and of each separate contractor with the Work of the 1090
Contractor, Contractor shall cooperate with Owner. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor until subsequently revised.
6.1.4 OWNER OBLIGATIONS
Unless otherwise provided in the Contract Documents, when the Owner performs work related to the Project with the Owner’s own forces, the Owner shall be deemed to be subject to the same obligations, and to have the same rights, which apply to the Contractor under the General Conditions, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10 and 12.
6.2 MUTUAL RESPONSIBILITY
6.2.1 DELIVERY AND STORAGE
The Contractor shall afford the Owner and separate contractors reasonable opportunity for delivery and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the separate contractors’ construction and operations with theirs as required by the Contract Documents.
6.2.2 NOTICE BY CONTRACTOR
If part of the Contractor’s Work depends upon proper execution or results from work by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Owner patent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to so report shall constitute an acknowledgment that the Owner’s or separate contractors’ completed or partially completed construction is fit and proper to receive the Contractor’s Work, except as to defects not then reasonably discoverable.
6.2.3 COSTS INCURRED
Costs, expenses, and damages caused by delays, improperly timed activities, defective construction, or damages to another’s work/Work or property shall be borne by the party responsible. Should Contractor cause damage to the work or property of any other contractor on the Project, or to the Project or property of a third party, or cause any delay to any such contractor or third party, the Contractor shall defend, indemnify and hold Owner harmless for such damage or delay under Section 3.16, above. Owner may withhold from progress payments and/or retention the cost of delay or damage to another contractor’s work or damage to another contractor’s property or to the property of Owner caused by Contractor. 1091
6.2.4 CORRECTION OF DAMAGE
The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors.
6.3 OWNER’S RIGHT TO CLEAN UP
If a dispute arises among the Contractor, separate contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Section 3.13, the Owner may clean up and allocate the cost among those responsible as the Owner determines to be just.
ARTICLE 7
CHANGES IN THE WORK
7.1 CHANGES
7.1.1 NO CHANGES WITHOUT AUTHORIZATION
The Owner reserves the right to change the Work by making such alterations, deviations, additions to, or deletions from the plans and specifications, as may be deemed by the Owner to be necessary or advisable for the proper Completion or construction of the Work contemplated, and Owner reserves the right to require Contractor to perform such work. No adjustment will be made in the Contract unit price of any Contract item regardless of the quantity ultimately required.
Owner shall compensate Contractor with money or grant extra time for any extra work ordered by the Owner to be performed. Contractor shall follow the provisions of the Contract Documents, including General Conditions sections 4.5, 7.6, 7.7, and 8.4, when requesting additional money or additional time. Contractor shall expeditiously perform all extra work upon direction, even if no agreement has been reached on extra time or money. For all such changes resulting in a credit to Owner, Contractor shall follow Sections 7.5 and 7.7 in providing the credit to Owner. Contractor shall bring all potential credits to the Owner’s attention.
There shall be no change whatsoever in the drawings, specifications, or in the Work or payments under the Contract Documents without an executed Change Order, Construction Change Directive, or order by the Owner pursuant to Section 7.1.2. Owner shall not be liable for the cost of any extra work or any substitutions, changes, additions, omissions, or deviations from the Drawings and Specifications unless the same shall have been properly requested under Section
4.5 and authorized by, and the cost thereof approved in writing by, Change Order or Construction Change Directive. Owner shall not be liable for, and Contractor shall bear the burden of, any post-bid escalation in the costs of materials; but Contractor will retain the benefit of any post-bid cost decreases. No extension of time for performance of the Work shall be allowed hereunder unless request for such extension is properly made under Section 4.5 and such 1092
time is thereof approved in writing by Change Order or Construction Change Directive. The provisions of the Contract Documents shall apply to all such changes, additions, and omissions with the same effect as if originally embodied in the Drawings and Specifications.
7.1.2 AUTHORITY TO ORDER MINOR CHANGES
The Owner has authority to order minor changes in the Work not involving any adjustment in the Contract Sum, an extension of the Contract Time, or a change which is inconsistent with the intent of the Contract Documents. Such changes shall be effected by written Construction Change Directive and shall be binding on the Contractor. The Contractor shall carry out such written orders promptly.
7.2 CHANGE ORDERS (“CO”)
A CO is a written instrument signed by the Owner and the Contractor, stamped (or sealed) and signed by Architect, and approved by the Owner’s City Council, stating the agreement of Owner and Contractor upon all of the following:
A. A change in the Work;
B. The amount of the adjustment in the Contract Sum, if any; and C. The extent of the adjustment in the Contract Time, if any.
Unless expressly stated otherwise in the CO, any CO executed by Owner and Contractor constitutes and includes full and complete money and time (including but not limited to, adjustments to money and time) for all costs and effects caused by any of the changes described within it. Unless expressly stated otherwise in the CO, in consideration for the money received for the changes described in the CO, Contractor waives all Claims for all costs and effects caused by any of the changes, including but not limited to labor, equipment, materials, delay, extra work, overhead (home and field), profit, direct costs, acceleration, disruption, impaired productivity, time extensions, and any the costs and effects on Subcontractors and suppliers of any tier.
7.3 CONSTRUCTION CHANGE DIRECTIVES (“CCD
7.3.1 DEFINITION
A CCD is a written unilateral order signed by the Owner directing performance of the Work or a change in the Work. The CCD may state an adjustment in the Contract Sum, Contract Time, or Milestone Deadline. The Owner may by CCD, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions pursuant to Section 7.1.1.
1093
7.3.2 USE TO DIRECT CHANGE
A CCD shall be used in the absence of agreement on the terms of a CO. If Contractor disagrees with the terms of a CCD, it shall nevertheless perform the work directed by the CCD, but it may pursue the Notice of Potential Change, COR and Claim procedures of Section 4.5 if Contractor believes it is entitled to changes in the Contract Sum or Contract Time.
7.4 REQUEST FOR INFORMATION (“RFI
7.4.1 DEFINITION
An RFI is a written request prepared by the Contractor asking the Owner to provide additional information necessary to clarify an item which the Contractor feels is not clearly shown or called for in the drawings or specifications, or to address problems which have arisen under field conditions.
7.4.2 SCOPE
The RFI shall reference all the applicable Contract Documents including specification section, detail, page numbers, drawing numbers, and sheet numbers, etc. The Contractor shall make suggestions and/or interpretations of the issue raised by the RFI. An RFI cannot modify the Contract Sum, Contract Time, or the Contract Documents.
7.4.3 RESPONSE TIME
Unless Owner expressly directs otherwise in writing, Contractor shall submit RFIs directly to the Architect, with copies forwarded to the Owner. Contractor shall submit a revised and updated priority schedule with each RFI. The Architect shall endeavor to follow the Contractor’s requested order of priorities. The Owner and Contractor agree that an adequate time period for the Architect (or other designated recipient of the RFI) to respond to an RFI is generally fourteen (14) calendar days after the Architect’s receipt of an RFI, unless the Owner and Contractor agree otherwise in writing. However, in all cases, the Architect shall take such time, whether more or less than 14 days, as is necessary in the Architect’s professional judgment to permit adequate review and evaluation of the RFI. If Contractor informs the Architect that it needs a response to an RFI expedited to avoid delay to the critical path, the Architect shall provide a response as quickly as reasonably possible. The total time required for the Architect to respond is subject to the complexity of the RFI, the number of RFI’s submitted concurrently and the reprioritization of pending RFI’s submitted by the Contractor, among other things. If Contractor believes that the Architect’s response results in a change in the Work that warrants additional money or time, or that Architect’s response was unreasonably delayed and caused delay to the Work’s critical path, Contractor shall follow the procedures for additional money or time under Section 4.5. No presumption shall arise as to the timeliness of the response if the response is more than fourteen (14) days after the Architect’s receipt of the RFI. Contractor shall review the Contract Documents before submitting an RFI to ensure that the information is not already in the Contract Documents. To compensate the Owner for time and costs incurred for each time the information was already in the Contract Documents, Owner may withhold $100 from progress payments or 1094
retention in addition to any other remedies which Owner may have the right to pursue.
7.4.4 COSTS INCURRED
The Contractor shall be invoiced by the Owner for any costs incurred for professional services, which shall be withheld from progress payments or retention, if an RFI requests an interpretation or decision of a matter where the information sought is equally available to the party making such request.
7.5 REQUEST FOR PROPOSAL (“RFP”)
7.5.1 DEFINITION
An RFP is Owner’s written request asking the Contractor to submit to the Owner an estimate of the effect, including credits, of a proposed change on the Contract Sum and the Contract Time.
7.5.2 SCOPE
An RFP shall contain adequate information, including any necessary drawings and specifications, to enable Contractor to provide the cost breakdowns required by section 7.7. The Contractor shall not be entitled to any additional money for preparing a response to an RFP, whether ultimately accepted or not.
7.6 CHANGE ORDER REQUEST (“COR”)
7.6.1 DEFINITION
A COR is any written request prepared by the Contractor asking the Owner for additional money or time, including a “proposed change order” or “PCO.” However, a Claim (see Sections 4.5.3-
4.5.6) is not a COR. See Section 4.5.2 for additional COR requirements. The COR shall include all information necessary to establish the Contractor’s entitlement to additional money or time.
7.6.2 CHANGES IN PRICE
A COR shall include breakdowns per section 7.7 to validate any proposed change in Contract Sum.
7.6.3 CHANGES IN TIME
Where a change in a Milestone Deadline or Contract Time is requested, a COR shall also include delay analysis to validate any proposed change, and shall meet all requirements in these General Conditions, including but not limited to Section 8.4. Any additional time requested shall not be the number of days to make the proposed change, but must be based upon the impact to the Work schedule as defined in section 3.9 and Division 1 of the Specifications. 1095
7.7 PRICE OF CHANGE ORDERS
7.7.1 SCOPE
Any COR shall provide in writing to the Owner, the Architect and any construction manager, the effect of the proposed CO upon the Contract Sum and the actual cost of construction, which shall include a complete itemized cost breakdown of all labor and material showing actual quantities, hours, unit prices, wage rates, required for the change, and the effect upon the Contract Time of such CO.
7.7.2 DETERMINATION OF COST
The amount of the increase or decrease in the Contract Sum resulting from a CO, if any, shall be determined in one or more of the following ways as applicable to a specific situation:
A. Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation;
B. Unit prices stated in the Contractor’s original bid, the Contract Documents, or subsequently agreed upon between the Owner and the Contractor; C. Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or
D. By cost of material and labor and percentage of overhead and profit. If the value is determined by this method the following requirements shall apply:
1. Daily Reports by Contractor.
a) General: At the close of each working day, the Contractor shall submit a daily report to the Inspector of Record and any construction manager, on forms approved by the Owner, together with applicable delivery tickets, listing all labor, materials, and equipment involved for that day, the location of the work, and for other services and expenditures when authorized concerning extra work items. An attempt shall be made to reconcile the report daily, and it shall be signed by the Inspector of Record and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor.
b) Labor: Show names of workers, classifications, and hours worked. c) Materials: Describe and list quantities of materials used. d) Equipment: Show type of equipment, size, identification number, and hours 1096
of operation, including, if applicable, loading and transportation. e) Other Services and Expenditures: Describe in such detail as the Owner may require.
2. Basis for Establishing Costs.
a) Labor will be the actual cost for wages prevailing locally for each craft or type of workers at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification, which would increase the extra work cost, will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.
b) Materials shall be at invoice or lowest current price at which such materials are locally available and delivered to the Site in the quantities involved, plus sales tax, freight, and delivery.
The Owner reserves the right to approve materials and sources of supply or to supply materials to the Contractor if necessary for the progress of the Work.
No markup shall be applied to any material provided by the Owner. c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $100 or less.
Regardless of ownership, the rates to be used in determining equipment rental costs shall not exceed listed rates prevailing locally at equipment rental agencies or distributors at the time the work is performed.
The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals.
Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Owner than holding it at the work Site, it shall be returned unless the Contractor elects to keep it at the work Site at no expense to the Owner.
All equipment shall be acceptable to the Inspector of Record, in good working condition, and suitable for the purpose for which it is to be used.
Manufacturer’s ratings and modifications shall be used to classify equipment, 1097
and equipment shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
d) Other Items. The Owner may authorize other items which may be required on the extra work. Such items include labor, services, material, and equipment which are different in their nature from those required by the Work, and which are of a type not ordinarily available from the Contractor or any of the Subcontractors. Invoices covering all such items in detail shall be submitted with the Application for Payment.
e) Invoices. Vendors’ invoices for material, equipment rental, and other expenditures shall be submitted with the COR. If the Application for Payment is not substantiated by invoices or other documentation, the Owner may establish the cost of the item involved at the lowest price which was current at the time of the Daily Report.
f) Overhead, premiums and profit. For overhead, including direct costs, submit with the COR and include: home office overhead, off-Site supervision, CO preparation/negotiation/research for Owner initiated changes, time delays, project interference and disruption, additional guaranty and warranty durations, on-Site supervision, additional temporary protection, additional temporary utilities, additional material handling costs, and additional safety equipment costs.
7.7.3 FORMAT FOR PROPOSED COST CHANGE
The following format shall be used as applicable by the Owner and the Contractor to communicate proposed additions and deductions to the Contract.
EXTRA CREDIT
A. Material (attach itemized quantity and
unit cost plus sales tax, invoices, receipts,
truck tags, etc., for force account work) ________ ________ B. Labor (attach itemized hours and
rates, daily logs, certified payroll, etc.) ________ ________ C. Equipment (attach any invoices) ________ ________
D. Subtotal ________ ________
E. If Subcontractor performed Work, add
Subcontractor’s overhead and profit to
portions performed by Subcontractor, not to
exceed fifteen percent (15%) of item D. ________ ________ 1098
F. Liability and Property Damage
Insurance, Worker’s Compensation
Insurance, Social Security, and
Unemployment Taxes, not to exceed twentyfive percent (25%) of Item B. ________ ________ G. Subtotal ________ ________
H. General Contractor’s Overhead and
Profit, not to exceed fifteen percent (15%) of
Item G; and for work performed by
subcontractors, not to exceed five percent
(5%). ________ ________
I. Subtotal ________ ________
J. Bond not to exceed one percent (1%)
of Item I. ________ ________
K. TOTAL ________ ________
It is expressly understood that the value of such extra work or changes, as determined by any of the aforementioned methods, expressly includes (1) any and all of the Contractor’s costs and expenses resulting from additional time required on the project or resulting from delay to the project, and (2) any costs of preparing a COR, including but not limited to delay analysis. Any costs or expenses not included are deemed waived.
7.7.4 DISCOUNTS, REBATES, AND REFUNDS
For purposes of determining the cost, if any, of any change, addition, or omission to the Work hereunder, all trade discounts, rebates, refunds, and all returns from the sale of surplus materials and equipment shall accrue and be credited to the Contractor, and the Contractor shall make provisions so that such discounts, rebates, refunds, and returns may be secured, and the amount thereof shall be allowed as a reduction of the Contractor’s cost in determining the actual cost of construction for purposes of any change, addition, or omissions in the Work as provided herein.
7.7.5 ACCOUNTING RECORDS
With respect to portions of the Work performed by COs and CCDs on a time-and-materials, unitcost, or similar basis, the Contractor shall keep and maintain cost-accounting records satisfactory to the Owner, which shall be available to the Owner on the same terms as any other books and records the Contractor is required to maintain under the Contract Documents. 1099
7.7.6 NOTICE REQUIRED
Contractor shall submit a written Notice of Potential Change for additional money or time pursuant to section 4.5.1.
7.7.7 APPLICABILITY TO SUBCONTRACTORS
Any requirements under this Article 7 shall be equally applicable to COs or CCDs issued to Subcontractors by the Contractor to the same extent required of the Contractor.
7.8 WAIVER OF RIGHT TO CLAIM MONEY OR TIME
Failure to demand money based on costs, or time extensions, as part of a COR constitutes a complete waiver of Contractor’s right to claim the omitted money or time. All money or time for an issue must be included in the COR at the time submitted.
ARTICLE 8
TIME
8.1 DEFINITIONS
8.1.1 CONTRACT TIME
Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Completion of the Work.
8.1.2 NOTICE TO PROCEED
Contractor shall not commence the Work until it receives a Notice to Proceed from Owner. The date of commencement of the Work is the date established in the Notice to Proceed. The date of commencement shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible.
8.1.3 DAYS
The term “day” as used in the Contract Documents shall mean calendar day unless otherwise specifically defined.
1100
8.2 HOURS OF WORK
8.2.1 SUFFICIENT FORCES
Contractors and Subcontractors shall furnish sufficient forces to ensure the prosecution of the Work, including Work directed pursuant to a CCD (see Section 7.3, above), in accordance with the Construction Schedule.
8.2.2 PERFORMANCE DURING WORKING HOURS
Work shall be performed during regular working hours except that in the event of an emergency or when required to complete the Work in accordance with job progress, work may be performed outside of regular working hours with the advance written consent of the Owner.
8.2.3 LABOR CODE APPLICATION
As provided in Article 3 (commencing at § 1810), Chapter 1, Part 7, Division 2 of the Labor Code, eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any Subcontractor on any subcontract under this Contract, upon the work or upon any part of the work contemplated by this Contract, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as hereinafter provided. Notwithstanding the provision hereinabove set forth, work performed by employees of Contractors in excess of eight (8) hours per day and forty (40) hours during any one week shall be permitted upon this public work with compensation provided for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay.
Contractor or subcontractor shall pay to the Owner a penalty of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor, or by any Subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one (1) calendar week, in violation of the provisions of Article 3 (commencing at § 1810), Chapter 1, Part 7, Division 2 of the Labor Code, unless compensation for the workers so employed by Contractor is not less than one and one-half (1-1/2) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.
8.2.4 COSTS FOR AFTER HOURS INSPECTIONS
If the work done after hours is required by the Contract Documents to be done outside the Contractor’s or the Inspector of Record’s regular working hours, the costs of any inspections, if required to be done outside normal working hours, shall be borne by the Owner.
If the Owner allows the Contractor to do work outside regular working hours for the Contractor’s own convenience, the costs of any inspections required outside regular working hours, among other remedies, shall be invoiced to the Contractor by the Owner and withheld from progress payments and/or retention. Contractor shall give Owner at least 48 hours notice prior to working 1101
outside regular working hours.
If the Contractor elects to perform work outside the Inspector of Record’s regular working hours, costs of any inspections required outside regular working hours, among other remedies, may be invoiced to the Contractor by the Owner and withheld from progress payments and/or retention.
8.2.5 TIME FOR COMMENCEMENT BY SUBCONTRACTORS
Unless otherwise provided in the Contract Documents, all Subcontractors shall commence their Work within two (2) consecutive business days after notice to them by the Contractor and shall prosecute their Work in accordance with the progress of the Work.
8.3 PROGRESS AND COMPLETION
8.3.1 TIME OF THE ESSENCE
Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Milestone Deadlines and Contract Time are reasonable periods for performing the Work.
8.3.2 NO COMMENCEMENT WITHOUT INSURANCE
The Contractor shall not knowingly, except by agreement or instruction of the Owner, in writing, commence operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance.
8.3.3 EXPEDITIOUS COMPLETION
The Contractor shall proceed expeditiously to perform the Work, including Work directed pursuant to a CCD (see Section 7.3, above), with adequate forces, labor, materials, equipment, services and management, shall achieve all Milestone Deadlines, and shall achieve Completion within the Contract Time.
.
8.4 EXTENSIONS OF TIME - LIQUIDATED DAMAGES
Contractor waives all rights and remedies as to any delay experienced during the Work (including any right to rescind the Contract and any right to refuse to perform the Contract) except for the rights and remedies expressly allowed by the Contract (including but not limited to time extensions and delay damages pursuant to this Section 8.4.1 and Section 8.4.2 below, and termination pursuant to Section 14.1 below).
1102
8.4.1 CONDITIONS ALLOWING FOR EXTENSIONS OF TIME TO COMPLETE THE WORK
ONLY (EXCUSABLE DELAY
The Contractor shall be granted a reasonable time extension under the Contract Documents, including but not limited to Sections 3.18 and 4.5 and Article 7, for excusable delays, which are those delays that meet each and every of the following conditions:
(a) The delay was beyond the control of Contractor and its subcontractors and material suppliers;
(b) The delay was caused by events that were not reasonably foreseeable to Contractor at the time of bidding;
(c) All float in the schedule had been used, and the delay impacted and delayed the controlling items of Work (i.e., the as-built critical path, as determined from the as-planned schedule and the actual progress of the Work), thus delaying the achievement of a Milestone Deadline or the Completion of the whole Work within the Contract Time; (d) The delay was not caused by Contractor or its subcontractors or suppliers, including but not limited to their breaches of contract or the standard of care; (e) The delay was not associated with loss of time resulting from the necessity of submittals to Owner for approval, or from necessary Owner surveys, measurements, inspections and testing;
(f) The delay was not caused by usual or common weather for the time of year, including usual or common severe weather; and
(g) The delay could not have been prevented or mitigated by the exercise of care, prudence, foresight, and diligence by Contractor.
Excusable delays may include acts of God, acts of public enemy, acts of the Owner or anyone employed by it, acts of another contractor in performance of a contract (other than this Contract) with the Owner, fires, floods, epidemics, quarantine restrictions, labor disputes, unusual and uncommon weather for the time of year, unforeseen site conditions, or delays of subcontractors due to such causes. Owner shall take into consideration other relevant factors such as concurrent delays. Contractor has the burden of proving that any delay was excusable.
8.4.2 COMPENSABLE DELAY (TIME AND MONEY
Compensable delays are those excusable delays for which Contractor is also entitled to money.
To be compensable, an excusable delay must be one for which the Owner is responsible, where the delay was unreasonable under the circumstances involved, and where the delay was not within the contemplation of the parties; however, Contractor shall not be entitled to monetary compensation when (a) Contractor could have reasonably anticipated the delay and avoided or minimized the cost impacts of it, (b) there was a concurrent delay which does not qualify for monetary compensation under this paragraph, (c) the cause of the delay was reasonably unforeseen by the Owner or the delay was caused by factors beyond the control of the Owner, including but not limited to a delay under Section 2.2.8 above or a delay caused by a utility company’s failure to perform despite Owner’s reasonable arrangements for such performance; or (d) any other defense available to Owner under law or equity applies. Contractor has the burden of proving that any delay was excusable and compensable, including an analysis that establishes 1103
non-concurrency. Compensation shall be limited to field overhead (i.e., general conditions) and home office overhead, as may be allowed by law.
8.4.3 NOTICE BY CONTRACTOR REQUIRED; PROCEDURES FOR DEMANDING
ADDITIONAL TIME OR MONEY
For notice and other required procedures related to requests by Contractor for additional time or money related to delay, Contractor shall comply with the Contract Documents, including but not limited to Sections 3.18 and 4.5, and Article 7, above.
8.4.4 EARLY COMPLETION
Regardless of the cause therefore, the Contractor may not maintain any Claim or cause of action against the Owner for damages incurred as a result of its failure or inability to Complete its Work on the Project in a shorter period than established in the Contract Documents, the parties stipulating that the period set forth in the Contract Documents is a reasonable time within which to perform the Work on the Project.
8.4.5 LIQUIDATED DAMAGES
Failure to Complete the Work within the Contract Time and in the manner provided for by the Contract Documents, or failure to complete any specified portion of the Work by a milestone deadline, shall subject the Contractor to liquidated damages as described in Article III of the Agreement and the Contract Documents. Accordingly, the parties agree that the amount set forth in the Agreement shall be presumed to be the amount of damages which the Owner shall directly incur as a result of each calendar day by which Completion of the Work is delayed beyond the Contract Time as adjusted by Change Orders.
In addition, delaying another contractor’s work on the Project or causing delay to the completion of the Project shall subject the Contractor to liquidated damages as described in Article III of the Agreement and the Contract Documents. Accordingly, the parties agree that the amount set forth in the Agreement shall be presumed to be the amount of damages which the Owner shall directly incur as a result of each calendar day by which Contractor delays the work of others on the Project or completion of the Project itself.
If liquidated damages accrue as described above, the Owner, in addition to all other remedies provided by law, shall have the right to assess and withhold as provided in Article III of the Agreement and the Contract Documents.
8.5 GOVERNMENT APPROVALS
Owner shall not be liable for any delays or damages related to the time required to obtain government approvals.
1104
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
The Contract Sum is stated in the Agreement, later adjusted by Change Orders and Construction Change Directives, and is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents.
9.2 COST BREAKDOWN
9.2.1 REQUIRED INFORMATION
On forms approved by the Owner, the Contractor shall furnish the following:
A. Within ten (10) days of the mailing, faxing or delivering of the Notice of Award of the Contract, a detailed breakdown of the Contract Sum (Schedule of Values) for each Project or Site. Each item in the schedule of values shall include its proper share of the overhead and profit.
B. Within ten (10) days of the mailing, faxing or delivering of the Notice of Award of the Contract, a schedule of estimated monthly payment requests (cash flow) due the Contractor showing the values and construction time of the various portions of the Work to be performed by it and by its Subcontractors or material and equipment suppliers containing such supporting evidence as to its correctness as the Owner may require;
C. Five (5) days prior to the submission of a pay request, an itemized breakdown of work done for the purpose of requesting partial payments;
D. Within ten (10) days of the mailing, faxing or delivering of the Notice of Award of the Contract, the name, address, telephone number, fax number, license number and classification, and for all projects over Twenty-five Thousand Dollars ($25,000) the public works contractor registration number, of all of its Subcontractors and of all other parties furnishing labor, material, or equipment for its Contract, along with the amount of each such subcontract or the price of such labor, material, and equipment needed for its entire portion of the Work.
9.2.2 OWNER ACCEPTANCE REQUIRED
The Owner shall review all submissions received pursuant to paragraph 9.2.1 in a timely manner.
All submissions must be accepted by the Owner before becoming the basis of any payment. 1105
9.3 APPLICATIONS FOR PAYMENT
9.3.1 PROCEDURE
On or before the fifth (5th) day of each calendar month during the progress of the portion of the Work for which payment is being requested, the Contractor shall submit to the Architect, unless there is a construction manager for the Project or the Owner directs otherwise, an itemized Application for Payment for operations completed in accordance with the Schedule of Values through the end of the previous calendar month. Such application shall be notarized, if required, and supported by the following or such portion thereof as the applicable entity requires:
A. The amount paid to the date of the Application to the Contractor, to all its Subcontractors, and all others furnishing labor, material, or equipment for its Contract;
B. The amount being requested with the Application for Payment by the Contractor on its own behalf and separately stating the amount requested on behalf of each of the Subcontractors and all others furnishing labor, material, and equipment under the Contract;
C. The balance that will be due to each of such entities after said payment is made; D. A certification that the Record Drawings and Annotated Specifications are current;
E. The Owner approved additions to and subtractions from the Contract Sum and Time;
F. A summary of the retentions (each Application shall provide for retention, as set out in Article 9.6);
G. Material invoices, evidence of equipment purchases, rentals, and other support and details of cost as the Owner may require from time to time; H. The percentage of Completion of the Contractor’s Work by line item; I. A statement showing all payments made by the Contractor for labor and materials on account of the Work covered in the preceding Application for Payment. Such applications shall not include requests for payment of amounts the Contractor does not intend to pay to subcontractors or others because of a dispute or other reason; and
J. Contractor’s monthly reports, daily reports, and monthly schedule updates for all months of Work prior to the Application for Payment that Contractor has not previously submitted.
1106
9.3.2 PURCHASE OF MATERIALS AND EQUIPMENT
As the Contractor is required to order, obtain, and store materials and equipment sufficiently in advance of its Work at no additional cost or advance payment from Owner, to assure that there will be no delays, payment by the Owner for stored material shall be made only in unusual circumstances where the Architect specifically recommends, and Owner specifically approves the payment in writing. If payments are to be made on account of materials and equipment not incorporated in the Work, but delivered and suitably stored at the Site or at some other location agreed upon in writing by the Owner, the payments shall be conditioned upon submission by the Contractor, Subcontractor, or vendor of bills of sale and such other documents satisfactory to the Owner to establish the Owner’s title to such materials or equipment free of all liens and encumbrances, and otherwise protect the Owner’s interest, including, without limitation, provision of applicable insurance and transportation to the Site. All stored items shall be inventoried, specified by identification numbers (if applicable), released to the Owner by sureties of the Contractor and the Subcontractor and, if stored off-Site, stored only in a bonded warehouse.
9.3.3 WARRANTY OF TITLE
The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances in favor of the Contractor, Subcontractors, material and equipment suppliers, or other persons or entities making a claim by reason of having provided labor, materials, and equipment relating to the Work. Transfer of title to Work does not constitute a waiver by Owner of any defects in the Work.
9.4 REVIEW OF PROGRESS PAYMENT
9.4.1 OWNER ACCEPTANCE
The Owner will, within seven (7) days after receipt of the Contractor’s Application for Payment, either accept such payment or notify the Contractor in writing of the Owner’s reasons for withholding acceptance in whole or in part as provided in paragraph 9.5.1.
9.4.2 OWNER’S REVIEW
The review of the Contractor’s Application for Payment by the Owner will be based, at least in part, on the Owner’s observations at the Site and the data comprising the Application for Payment that the Work has progressed to the point indicated. The review is also subject to an evaluation of the Work for conformance with the Contract Documents, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to Completion, and to specific qualifications expressed by the Owner. The Owner may reject the Application for Payment if it is not complete under section 9.3. The issuance of a Certificate for 1107
Payment will constitute a representation that the Contractor is entitled to payment in the amount certified, subject to any specific qualifications Owner expresses in the Certificate for Payment.
However, Contractor’s entitlement to payment may be affected by subsequent evaluations of the Work for conformance with the Contract Documents, test and inspections and discovery of minor deviations from the Contract Documents correctable prior to Completion. The issuance of a Certificate for Payment will not be a waiver by the Owner of any defects in the Work covered by the Application for Payment, nor will it be a representation that the Owner has:
A. Made exhaustive or continuous on-Site inspections to check the quality or quantity of the Work;
B. Reviewed construction means, methods, techniques, sequences, or procedures; C. Reviewed copies of requisitions received from Subcontractors, material and equipment suppliers, and other data requested by the Owner to substantiate the Contractor’s right to payment; or
D. Made an examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.
9.5 DECISIONS TO WITHHOLD PAYMENT
9.5.1 REASONS TO WITHHOLD PAYMENT
The Owner may withhold from a progress payment, in whole or in part, to such extent as may be necessary to protect the Owner due to any of the following:
A. Defective or incomplete Work not remedied;
B. Stop Payment Notices. For any stop payment notice, the Owner shall withhold the amount stated in the stop payment notice, the stop notice claimant’s anticipated interest and court costs and an amount to provide for the public entity’s reasonable cost of any litigation pursuant to the stop payment notice. For any stop payment notice action the parties resolve before judgment is entered, Owner has the right to permanently withhold for any reasonable cost of litigation for that stop payment notice, even if it exceeds the amount originally withheld by Owner for the estimated reasonable cost of litigation. However, if (1) the Contractor at its sole expense provides a bond or other security satisfactory to the Owner in the amount of at least one hundred twenty-five percent (125%) of the claim, in a form satisfactory to the Owner, which protects the Owner against such claim, and (2) the Owner chooses to accept the bond, then Owner would release the withheld stop payment notice funds to the Contractor, except that Owner may permanently withhold for any reasonable cost of litigation. Any stop payment notice release bond shall be executed by a California admitted, fiscally solvent surety, completely unaffiliated with and separate from the surety on the payment and performance bonds, that does not have any assets pooled with the payment and 1108
performance bond sureties.
C. Liquidated damages against the Contractor, whether already accrued or estimated to accrue in the future;
D. Reasonable doubt that the Work can be Completed for the unpaid balance of any Contract Sum or within the Contract Time;
E. Damage to the property or work of the Owner, another contractor, or subcontractor;
F. Unsatisfactory prosecution of the Work by the Contractor; G. Failure to store and properly secure materials;
H. Failure of the Contractor to submit on a timely basis, proper and sufficient documentation required by the Contract Documents, including, without limitation, monthly progress schedules, shop drawings, submittal schedules, schedule of values, product data and samples, proposed product lists, executed change orders, and verified reports;
I. Failure of the Contractor to maintain record drawings; J. Erroneous estimates by the Contractor of the value of the Work performed, or other false statements in an Application for Payment;
K. Unauthorized deviations from the Contract Documents; L. Failure of the Contractor to prosecute the Work in a timely manner in compliance with established progress schedules and Completion deadlines; M. Subsequently discovered evidence or observations nullifying the whole or part of a previously issued Certificate for Payment;
N. Failure by Contractor to pay Subcontractors or material suppliers as required by Contract or law, which includes but is not limited to Contractor’s failure to pay prevailing wage and any assessment of statutory penalties; O. Overpayment to Contractor on a previous payment;
P. Credits owed to Owner for reduced scope of work or work that Contractor will not perform;
Q. The estimated cost of performing work pursuant to Section 2.4; R. Actual damages related to false claims by Contractor; 1109
S. Breach of any provision of the Contract Documents;
T. Owner’s potential or actual loss, liability or damages caused by the Contractor; and
U. As permitted by other provisions in the Contract or as otherwise allowed by law, including statutory penalties Owner or other entities assessed against Contractor. (See e.g., Labor Code section 1813 (working hours) or Public Contract Code section 4110 (subcontractor listings and substitutions)) Owner may, but is not required to, provide to Contractor written notice of the items for which Owner is withholding amounts from a progress payment.
To claim a breach of contract or violation of law based on wrongful withholding by the Owner from a progress payment or based on a late progress payment, or if Contractor otherwise disputes any progress payment or lack thereof, within fifteen (15) days of the alleged breach of contract, violation of law, or late or disputed progress payment Contractor shall submit a Claim pursuant and subject to Sections 4.5.3-4.5.6. The Contractor need not submit a Notice of Potential Change or a Change Order Request.
For any withheld amount based on an estimate where the actual amount later becomes known and certain, no later than the final accounting for the Contract the Owner will release any amount withheld over that certain and known amount. If the certain and known amount exceeds the amount previously withheld, Owner may withhold additional amounts from Contractor to cover the excess amount. If available funds are not sufficient, Contractor shall pay Owner the difference.
Despite any withholding from a progress payment, or any other dispute about a progress payment, Contractor shall continue to expeditiously perform the Work pursuant to the Contract Documents, including but not limited to General Conditions sections 4.5.8, 7.1.1, 8.3.1, and
8.3.3. 9.5.2 PAYMENT AFTER CURE
When Contractor removes or cures the grounds for withholding amounts, payment shall be made for amounts withheld because of them. No interest shall be paid on any retainage or amounts withheld due to the failure of the Contractor to perform in accordance with the terms and conditions of the Contract Documents.
1110
9.5.3 OVERPAYMENT AND/OR FAILURE TO WITHHOLD
Neither Owner’s overpayment to Contractor, nor Owner’s failure to withhold an amount from payment that Owner had the right to withhold, shall constitute a waiver by Owner of its rights to withhold those amounts from future payments to Contractor or to otherwise pursue recovery of those amounts from Contractor.
9.6 PROGRESS PAYMENTS
9.6.1 PAYMENTS TO CONTRACTOR
Unless otherwise stated in the Contract Documents, within thirty (30) days after receipt of an undisputed and properly submitted Application for Payment, Contractor shall be paid a sum equal to ninety-five percent (95%) of the undisputed value of the Work performed up to the last day of the previous month, less the aggregate of previous payments; and Owner shall retain the other five percent (5%) of the undisputed value of the Work. The value of the Work completed shall be an estimate only, no inaccuracy or error in said estimate shall operate to release the Contractor, or any bondsman, from damages arising from such Work or from enforcing each and every provision of this Contract, and the Owner shall have the right subsequently to correct any error made in any estimate for payment. Contractor shall base an Application for Payment only on the original Contract Sum plus any fully executed and Board-approved Change Orders.
Contractor shall not include Notices of Potential Claims, CORs, Claims or disputed amounts.
The Contractor shall not be entitled to have any payment requests processed, or be entitled to have any payment made for work performed, so long as any lawful or proper direction given by the Owner concerning the Work, or any portion thereof, remains uncomplied with. Payment shall not be a waiver of any such direction.
9.6.2 PAYMENTS TO SUBCONTRACTORS
No later than ten (10) days after receipt of payment from Owner, pursuant to Business and Professions Code section 7108.5, the Contractor shall pay to each Subcontractor, out of the amount paid to the Contractor on account of such Subcontractor’s portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner.
9.6.3 PERCENTAGE OF COMPLETION OR PAYMENT INFORMATION
The Owner will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of Completion or amounts applied for by the Contractor, and action taken thereon by the Owner, on account of portions of the Work done by such Subcontractor. 1111
9.6.4 NO OBLIGATION OF OWNER FOR SUBCONTRACTOR PAYMENT
The Owner shall have no obligation to pay, or to see to the payment of, money to a Subcontractor except as may otherwise be required by law.
9.6.5 PAYMENT TO SUPPLIERS
Payment to material or equipment suppliers shall be treated in a manner similar to that provided in paragraphs 9.6.2, 9.6.3 and 9.6.4.
9.6.6 PAYMENT NOT CONSTITUTING APPROVAL OR ACCEPTANCE
An accepted Application for Payment, issuance of a Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance or approval of any portion of the Work, especially any Work not in accordance with the Contract Documents.
9.6.7 JOINT CHECKS
Owner shall have the right, if necessary for the protection of the Owner, to issue joint checks made payable to the Contractor and Subcontractors and/or material or equipment suppliers. The joint check payees shall be responsible for the allocation and disbursement of funds included as part of any such joint payment. However, Owner has no duty to issue joint checks. In no event shall any joint check payment be construed to create any contract between the Owner and a Subcontractor of any tier, any obligation from the Owner to such Subcontractor, or rights in such Subcontractor against the Owner.
9.7 COMPLETION OF THE WORK
9.7.1 CLOSE-OUT PROCEDURES
When the Contractor considers that the Work is Complete and submits a written notice to Owner requesting an inspection of the Work, the Owner shall review the Work and prepare and submit to the Contractor a comprehensive list of items to be Completed or corrected (the “Punch List”).
The Punch List shall include all outstanding obligations of Contractor, including training, startup, testing, and submission to Owner of all required documentation (e.g., written guarantees, warranties, invoices, as-built drawings, manuals, bonds, and the documents described in Sections
9.3 and 9.9). The Contractor and/or its Subcontractors shall proceed promptly to Complete and correct items on the Punch List. Failure to include an item on the Punch List does not alter the responsibility of the Contractor to Complete all Work (including the omitted item) in accordance with the Contract Documents, and to Complete or correct the Work so long as the statute of limitations (or repose) has not run.
When the Contractor believes the Punch List Work is Complete and in accordance with the Contract Documents, it shall then submit a request for an additional inspection by the Owner to determine Completion. Owner shall again inspect the Work and inform the Contractor of any 1112
items that are not complete or correct. Contractor shall promptly Complete or correct items until no items remain.
After the Work, including all Punch List Work, is inspected and informally deemed by the Owner to be Complete, the Owner’s governing body may formally accept the Work as Complete at a meeting of the governing body. Warranties required by the Contract Documents shall commence on the date of Contractor’s Completion of the Work (see Sections 3.5, 12.2.5, and
12.2.6).
Owner may record a Notice of Completion as allowed by Civil Code section 9200 et seq.
9.7.2 COSTS OF MULTIPLE INSPECTIONS
More than two (2) requests by Contractor to make inspections to confirm Completion as required under paragraph 9.7.1 shall be considered an additional service of Owner, and all subsequent costs will be invoiced to Contractor and withheld from remaining payments.
9.8 PARTIAL OCCUPANCY OR USE
The Owner may occupy or use any completed, or partially completed, portion of the Work at any stage prior to acceptance, or prior to Completion if there is no formal acceptance. Occupancy or use of any portion of the Work, or the whole Work, shall not constitute approval or acceptance of it, nor shall such occupancy or use relieve Contractor of any of its obligations under the Contract Documents regarding that portion of, or the whole, Work.
The Owner and the Contractor shall agree in writing to the responsibilities assigned to each of them for payments, security, maintenance, heat, utilities, damage to the Work, insurance, the period for correction of the Work, and the commencement of warranties required by the Contract Documents. When the Contractor considers a portion complete, the Contractor may request an inspection of that portion and preparation of a Punch List by the Owner for that portion, as set forth for the entire Work under paragraph 9.7.1; however, such inspection and Punch List shall not act as any form of approval or acceptance of that portion of the Work, or of any Work not complying with the requirements of the Contract, and that portion shall be subject to subsequent inspections and Punch Lists.
Immediately prior to such partial occupancy or use, the Owner, the Architect and the Contractor shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work.
1113
9.9 FINAL PROGRESS PAYMENT AND RELEASE OF RETENTION
9.9.1 FINAL APPLICATION FOR PROGRESS PAYMENT
When, pursuant to Section 9.7.1, the Owner finds all of the Work is Completed in accordance with the Contract Documents, it shall so notify Contractor, who shall then submit to the Owner its final Application for Payment.
Upon receipt and approval of such final Application for Payment, the Owner shall issue a final Certificate of Payment, based on its knowledge, information, and belief, and on the basis of its observations, inspections, and all other data accumulated or received by the Owner in connection with the Work, that such Work has been Completed in accordance with the Contract Documents.
If required to do so under Labor Code section 1773.3, subd. (d), Owner shall withhold final payment.
9.9.2 PROCEDURES FOR APPLICATION FOR FINAL PROGRESS PAYMENT The Application for Final Progress Payment pursuant to Section 9.9.1 shall be accompanied by the same details as set forth in paragraph 9.3, and in addition, the following conditions must be fulfilled:
A. The Work shall be Complete, and the Contractor shall have made, or caused to have been made, all corrections to the Work which are required to remedy any defects therein, to obtain compliance with the Contract Documents or any requirements of applicable codes and ordinances, or to fulfill any of the orders or directions of Owner required under the Contract.
B. Each Subcontractor shall have delivered to the Contractor all written guarantees, warranties, applications, and bonds required by the Contract Documents for its portion of the Work, and Contractor delivered them to the Owner.
C. The Contractor shall deliver to the Owner (i) reproducible final Record Drawings and Annotated Specifications showing the Contractor’s Work “as built,” with the Contractor’s certification of the accuracy of the Record Drawings and Annotated Specifications, (ii) all warranties and guarantees, (iii) operation and maintenance instructions, manuals and materials for equipment and apparatus, and (iv) all other documents required by the Contract Documents.
D. Contractor shall provide extensive assistance in the utilization of any equipment or system such as initial start-up or testing, adjusting and balancing, preparation of operation and maintenance manuals and training personnel for operation and maintenance.
Acceptance of Final Progress Payment shall constitute a complete waiver of Claims except for those previously identified in writing and identified by that payee as unsettled at the time of Final Progress Payment.
1114
9.9.3 RELEASE OF RETAINAGE
Owner shall withhold not less than 5% of the Contract Sum (“retainage,” or “retention”) until Completion and acceptance of the Project, per Public Contract Code section 9203.
Owner may withhold from release or payment of retainage up to 150% of disputed amounts, including but not limited to the issues listed in Section 9.5. If retainage is held in an escrow account pursuant to an escrow agreement under Public Contract Code section 22300 (see Section
9.10) and Owner withholds from release of retainage based on a breach of the Contract, or other default, by Contractor, Owner may withdraw the withheld retainage from the escrow account.
Owner shall release the undisputed retainage within sixty (60) days after Completion of the Project. For this purpose, “Completion” is defined in Public Contract Code section 7107(c). No interest shall be paid on any retainage, or on any amounts withheld, except as provided to the contrary in any Escrow Agreement and General Conditions between the Owner and the Contractor under Public Contract Code section 22300.
To claim a breach of contract or violation of law based on wrongful withholding by the Owner from retention or based on a late payment or late release of retention, or if Contractor otherwise disputes any payment or release of retention or lack thereof, within fifteen (15) days of the alleged breach of contract, violation of law, or late or disputed payment/release of retention Contractor shall submit a Claim pursuant and subject to Sections 4.5.3-4.5.6. The Contractor need not submit a Notice of Potential Change or a Change Order Request.
9.10 SUBSTITUTION OF SECURITIES
In accordance with section 22300 of the Public Contract Code, the Owner will permit the substitution of securities for any retention monies withheld by the Owner to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the Owner, or with a state or federally chartered bank as the escrow agent, who shall then pay such retention monies to the Contractor. Upon Completion of the Contract, the securities shall be returned to the Contractor if Owner has no basis to withhold under the Contract Documents.
Securities eligible for investment under this section shall include those listed in Government Code section 16430, bank or savings and loan certificates of deposit, interest-bearing, demanddeposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the Owner.
The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
Any escrow agreement entered by Owner and Contractor pursuant to Public Contract Code section 22300, shall be substantially similar to the form set forth in Public Contract Code section 22300.
1115
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS
10.1.1 CONTRACTOR RESPONSIBILITY
The Contractor shall have responsibility for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. Each Contractor shall designate a responsible member of its organization whose duties shall include loss and accident prevention, and who shall have the responsibility and full authority to enforce the program. This person shall attend meetings with the representatives of the various Subcontractors employed to ensure that all employees understand and comply with the programs.
Contractor will ensure that his employees and Subcontractors cooperate and coordinate safety matters with any other contractors on the Project to form a joint safety effort.
10.1.2 SUBCONTRACTOR RESPONSIBILITY
Subcontractors have the responsibility for participating in, and enforcing, the safety and loss prevention programs established by the Contractor for the Project, which will cover all Work performed by the Contractor and its Subcontractors. Each Subcontractor shall designate a responsible member of its organization whose duties shall include loss and accident prevention, and who shall have the responsibility and full authority to enforce the program. This person shall attend meetings with the representatives of the various Subcontractors employed to ensure that all employees understand and comply with the programs.
10.1.3 COOPERATION
All Subcontractors and material or equipment suppliers, shall cooperate fully with Contractor, the Owner, and all insurance carriers and loss prevention engineers.
10.1.4 ACCIDENT REPORTS
Subcontractors shall promptly report in writing to the Contractor all accidents whatsoever arising out of, or in connection with, the performance of the Work, whether on or off the Site, which caused death, personal injury, or property damage, giving full details and statements of witnesses. In addition, if death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger. Contractor shall thereafter promptly report the facts in writing to the Owner giving full details of the accident.
10.1.5 FIRST-AID SUPPLIES AT SITE
The Contractor will provide and maintain at the Site first-aid supplies for minor injuries. 1116
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 THE CONTRACTOR
The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to:
A. Employees on the Work and other persons who may be affected thereby; B. The Work, material, equipment, tools, construction equipment, and machinery to be incorporated therein or necessary for the proper execution and Completion of the Work, whether in storage on or off the Site, under the care, custody, or control of the Contractor or the Contractor’s Subcontractors or Sub-subcontractors; and C. Other property at the Site or adjacent thereto such as trees, shrubs, lawns, walks, pavement, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction.
10.2.2 CONTRACTOR NOTICES
The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on the safety of persons or property or their protection from damage, injury, or loss.
10.2.3 SAFETY BARRIERS AND SAFEGUARDS
The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations, and notifying owners and users of adjacent Sites and utilities.
10.2.4 USE OR STORAGE OF HAZARDOUS MATERIAL
When use or storage of explosives, other hazardous materials or equipment, or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. The Contractor shall notify the Owner any time that explosives or hazardous materials are expected to be stored on Site.
Location of storage shall be coordinated with the Owner and local fire authorities.
10.3 PROTECTION OF WORK AND PROPERTY
10.3.1 PROTECTION OF WORK
The Contractor and Subcontractors shall continuously protect the Work, the Owner’s property, and the property of others, from damage, injury, or loss until the earlier of formal acceptance of 1117
the Work or Completion of the Work. The Contractor and Subcontractors shall make good any such damage, injury, or loss, except such as may be solely due to, or caused by, agents or employees of the Owner; except that for projects not solely funded through revenue bonds, (a) Contractor shall not be responsible for damages caused by a tidal wave to the extent that the damages exceed 5% of the Contract Sum, and (b) Contractor shall not be responsible for damages caused by an earthquake above 3.5 on the Richter Scale in magnitude to the extent that the damages exceed 5% of the Contract Sum, per Public Contract Code §7105(a).
10.3.2 PROTECTION FOR ELEMENTS
The Contractor will remove all mud, water, or other elements as may be required for the proper protection and prosecution of its Work. The Contractor shall at all times provide heat, coverings, and enclosures necessary to maintain adequate protection against weather so as to preserve the Work, materials, equipment, apparatus, and fixtures free from injury or damage.
10.3.3 SHORING AND STRUCTURAL LOADING
The Contractor shall not impose structural loading upon any part of the Work under construction or upon existing construction on or adjacent to the Site in excess of safe limits, or loading such as to result in damage to the structural, architectural, mechanical, electrical, or other components of the Work. The design of all temporary construction equipment and appliances used in construction of the Work and not a permanent part thereof, including, without limitation, hoisting equipment, cribbing, shoring, and temporary bracing of structural steel, is the sole responsibility of the Contractor. All such items shall conform to the requirements of governing codes and all laws, ordinances, rules, regulations, and orders of all authorities having jurisdiction. The Contractor shall take special precautions, such as shoring of masonry walls and temporary tie bracing of structural steel work, to prevent possible wind damage during construction of the Work. The installation of such bracing or shoring shall not damage or cause damage to the Work in place or the Work installed by others. Any damage which does occur shall be promptly repaired by the Contractor at no cost to the Owner.
10.3.4 CONFORMANCE WITHIN ESTABLISHED LIMITS
The Contractor and Subcontractors shall confine their construction equipment, the storage of materials, and the operations of workers to the limits indicated by laws, ordinances, permits, and the limits established by the Owner, and shall not unreasonably encumber the premises with construction equipment or materials.
10.3.5 SUBCONTRACTOR ENFORCEMENT OF RULES
Subcontractors shall enforce the Owner’s and the Contractor’s instructions, laws, and regulations regarding signs, advertisements, fires, smoking, the presence of liquor, and the presence of firearms by any person at the Site.
1118
10.3.6 SITE ACCESS
The Contractor and the Subcontractors shall use only those ingress and egress routes designated by the Owner, observe the boundaries of the Site designated by the Owner, park only in those areas designated by the Owner, which areas may be on or off the Site, and comply with any parking control program established by the Owner such as furnishing license plate information and placing identifying stickers on vehicles.
10.3.7 PROTECTION OF MATERIALS
The Contractor and the Subcontractors shall receive, count, inspect for damage, record, store, and protect construction materials for the Work and Subcontractors shall promptly send to the Contractor evidence of receipt of such materials, indicating thereon any shortage, change, or damage (failure to so note shall constitute acceptance by the Subcontractor of financial responsibility for any shortage).
10.4 EMERGENCIES
10.4.1 EMERGENCY ACTION
In an emergency affecting the safety of persons or property, the Contractor shall take any action necessary, at the Contractor’s discretion, to prevent threatened damage, injury, or loss.
Additional money or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Section 4.5 and Article 7.
10.4.2 ACCIDENT REPORTS
The Contractor shall promptly report in writing to the Owner all accidents arising out of or in connection with the Work, which caused death, personal injury, or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries, or serious property damages are caused, the accident shall be reported immediately by telephone or messenger to the Owner.
10.5 HAZARDOUS MATERIALS
10.5.1 DISCOVERY OF HAZARDOUS MATERIALS
In the event the Contractor encounters or suspects the presence on the Site material reasonably believed to be asbestos, polychlorinated biphenyl (PCB), or any other material defined as being hazardous by section 25249.5 of the California Health and Safety Code, which (a) has not been rendered harmless, and (b) the handling or removal of which is not within the scope of the Work, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and the Architect in writing, whether such material was generated by the Contractor, another contractor, or the Owner. The Work in the affected area shall not thereafter be resumed, except by written agreement of the Owner and the Contractor, if in fact the material is asbestos, polychlorinated biphenyl (PCB), or other hazardous material, and has not been rendered 1119
harmless. The Work in the affected area shall be resumed only in the absence of asbestos, polychlorinated biphenyl (PCB), or other hazardous material, or when it has been rendered harmless by written agreement of the Owner and the Contractor.
10.5.2 HAZARDOUS MATERIAL WORK LIMITATIONS
In the event that the presence of hazardous materials is suspected or discovered on the Site, the Owner shall retain an independent testing laboratory to determine the nature of the material encountered and whether corrective measures or remedial action is required. The Contractor shall not be required pursuant to Article 7 to perform without consent any Work in the affected area of the Site relating to asbestos, polychlorinated biphenyl (PCB), or other hazardous material, until any known or suspected hazardous material has been removed, or rendered harmless, or determined to be harmless by Owner, as certified by an independent testing laboratory and/or approved by the appropriate government agency.
10.5.3 INDEMNIFICATION BY OWNER FOR HAZARDOUS MATERIAL NOT CAUSED BY
CONTRACTOR
In the event the presence of hazardous materials on the Site is not caused by the Contractor, Owner shall pay for all costs of testing and remediation, if any, and shall compensate Contractor for any delay or additional costs incurred in accordance with the applicable provisions of Article 7 and 8 herein. Owner shall defend, indemnify and hold harmless the Contractor and its agents, officers, directors and employees from and against any and all claims, damages, losses, costs and expenses incurred in connection with or arising out of, or relating to, the performance of the Work in the area affected by the hazardous material, except to the extent the claims, damages, losses, costs, or expenses were caused by Contractor’s active negligence, sole negligence or willful misconduct. By providing this indemnification, Owner does not waive any immunities.
10.5.4 NATURALLY OCCURRING ASBESTOS
If the Site is found to contain naturally occurring asbestos (asbestos naturally contained in rocks which can become airborne when released “NOA”), in addition to complying with applicable provisions in sections 10.5.1-10.5.3 above, Contractor shall comply with, and be solely responsible for, all applicable NOA requirements of the California Air Resources Board (CARB), California Department of Industrial Relations, California Division of Occupational Safety and Health (Cal/OSHA), any local air quality management district with jurisdiction over the Site, the County, and all other applicable federal, State and local governmental entities. This compliance and responsibility includes, but is not limited to, dust control mitigation measures and a monitoring plan.
10.5.5 INDEMNIFICATION BY CONTRACTOR FOR HAZARDOUS MATERIAL CAUSED BY
CONTRACTOR
In the event the presence of hazardous materials on the Site is caused by Contractor, Subcontractors, materialmen or suppliers, the Contractor shall pay for all costs of testing and remediation, if any, and shall compensate the Owner for any additional costs incurred as a result of the generation of hazardous material on the Project Site. In addition, the Contractor shall 1120
defend, indemnify and hold harmless Owner and its agents, officers, and employees from and against any and all claims, damages, losses, costs and expenses incurred in connection with, arising out of, or relating to, the presence of hazardous material on the Site, except to the extent the claims, damages, losses, costs, or expenses were caused by Owner’s active negligence, sole negligence or willful misconduct.
10.5.6 TERMS OF HAZARDOUS MATERIAL PROVISION
The terms of this Hazardous Material provision shall survive the Completion of the Work and/or any termination of this Contract.
10.5.7 ARCHEOLOGICAL MATERIALS
In the event the Contractor encounters or reasonably suspects the presence on the Site of archeological materials, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and the Architect in writing. The Work in the affected area shall not thereafter be resumed, except after Contractor’s receipt of written notice from the Owner.
ARTICLE 11
INSURANCE AND BONDS
11.1. CONTRACTOR’S LIABILITY INSURANCE
11.1.1 LIABILITY INSURANCE REQUIREMENTS
11.1.1 By the earlier of the deadline set forth in the Instructions to Bidders or the commencement of the Work and within limits acceptable to the Owner, the Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in California as admitted carriers with a financial rating of at least A+, Class XII status as rated in the most recent edition of Best’s Insurance Reports such commercial general liability insurance per occurrence for bodily injury, personal injury and property damage as set forth in the Agreement and automobile liability insurance per accident for bodily injury and property damage combined single limit as set forth in the Agreement as will protect the Contractor from claims set forth below, which may arise out of or result from the Contractor’s operations under the Contract and for which the Contractor may be legally liable, whether such operations are by the Contractor, by a Subcontractor, by Sub-subcontractor, by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:
11.1.1.1 claims for damages because of bodily injury (including emotional distress), sickness, disease, or death of any person other than the Contractor’s employees. This coverage shall be provided in a form at least as broad as Insurance Services Office (ISO) Form CG 0001 11188;
1121
11.1.1.2 claims for damages arising from personal or advertising injury in a form at least as broad as ISO Form CG 0001 11188;
11.1.1.3 claims for damages because of injury or destruction of tangible property, including loss of use resulting therefrom, arising from operations under the Contract Documents; and
11.1.1.4 claims for damages because of bodily injury, death of a person, or property damage arising out of the ownership, maintenance, or use of a motor vehicle, all mobile equipment, and vehicles moving under their own power and engaged in the Work; and
11.1.1.5 claims involving blanket contractual liability applicable to the Contractor’s obligations under the Contract Documents, including liability assumed by and the indemnity and defense obligations of the Contractor and the Subcontractors; and
11.1.1.6 claims involving Completed Operations, Independent Contractors’ coverage, and Broad Form property damage, without any exclusions for collapse, explosion, demolition, underground coverage, and excavating. (XCU)
If commercial general liability insurance or another insurance form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project location (with the ISO CG 2501 or insurer’s equivalent endorsement provided to the Owner) or the general aggregate limit shall be twice the required occurrence limit.
Any deductible or self-insured retention must be declared to and approved by the Owner. At the option of the Owner, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Owner, its City Council, members of its City Council, officers, employees, agents and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
11.1.2 SUBCONTRACTOR INSURANCE REQUIREMENTS
The Contractor shall require its Subcontractors and any Sub-subcontractors to take out and maintain similar public liability insurance and property damage insurance, in a company or companies lawfully authorized to do business in California as admitted carriers with a financial rating of at least A+, Class XII status as rated in the most recent edition of Best’s Insurance Reports, in like amounts and scope of coverage.
11.1.3 OWNER’S INSURANCE
The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability 1122
insurance. Optionally, the Owner may purchase and maintain other insurance for self protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner’s liability insurance unless specifically required by the Contract Documents.
11.1.4 ADDITIONAL INSURED ENDORSEMENT REQUIREMENTS
The Contractor shall name, on any policy of insurance, the Owner and the Architect as additional insureds. Subcontractors shall name the Contractor, the Owner and the Architect as additional insureds. The Additional Insured Endorsement included on all such insurance policies shall state that coverage is afforded the additional insured with respect to claims arising out of operations performed by or on behalf of the insured. If the additional insureds have other insurance which is applicable to the loss, such other insurance shall be excess to any policy of insurance required herein. The amount of the insurer’s liability shall not be reduced by the existence of such other insurance.
11.1.5 WORKERS’ COMPENSATION INSURANCE
During the term of this Contract, the Contractor shall provide workers’ compensation insurance for all of the Contractor’s employees engaged in Work under this Contract on or at the Site of the Project and, in case any of the Contractor’s work is sublet, the Contractor shall require the Subcontractor to provide workers’ compensation insurance for all the Subcontractor’s employees engaged in Work under the subcontract. Any class of employee or employees not covered by a Subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in Work under this Contract on or at the Site of the Project is not protected under the Workers’ Compensation laws, the Contractor shall provide or cause a Subcontractor to provide adequate insurance coverage for the protection of those employees not otherwise protected. The Contractor shall file with the Owner certificates of insurance as required under this Article and in compliance with Labor Code section 3700.
If the contractor fails to maintain such insurance, the Owner may take out compensation insurance which the Owner might be liable to pay under the provisions of the Act by reason of an employee of the Contractor being injured or killed, and withhold from progress payments and/or retention the amount of the premium for such insurance.
11.1.6 BUILDER’S RISK/“ALL RISK” INSURANCE
11.1.6.1 COURSE-OF-CONSTRUCTION INSURANCE REQUIREMENTS
Unless provided by Owner at Owner’s sole discretion, Contractor, during the progress of the Work and until final acceptance of the Work by Owner upon Completion of the entire Contract, shall maintain Builder’s Risk/Course-of-Construction insurance satisfactory to the Owner, issued on a completed value basis on all insurable Work included under the Contract Documents. This insurance shall insure against all risks, including but not limited to the following perils:
Vandalism, theft, malicious mischief, fire, sprinkler leakage, civil authority, sonic boom, explosion, collapse, flood including tidal wave (however, for projects not solely funded through 1123
revenue bonds, Contractor is only required to provide insurance for damages caused by a tidal wave up to 5% of the Contract Sum [except as provided in Section 11.1.6.2, below; see Public Contract Code §7105(a)]), earthquake (however, for projects not solely funded through revenue bonds, Contractor is only required to provide insurance for damages caused by an earthquake above 3.5 magnitude on the Richter Scale up to 5% of the Contract Sum [except as provided in Section 11.1.6.3, below; see Public Contract Code §7105(a)]), wind, hail, lightning, smoke, riot or civil commotion, debris removal (including demolition) and reasonable compensation for the Architect’s services and expenses required as a result of such insured loss. This insurance shall provide coverage in an amount not less than the full cost to repair, replace or reconstruct the Work. Such insurance shall include the Owner, the Architect, and any other person or entity with an insurable interest in the Work as an additional named insured.
The Contractor shall submit to the Owner for its approval all items deemed to be uninsurable under the Builder’s Risk/Course-of Construction insurance. The risk of the damage to the Work due to the perils covered by the Builder’s Risk/Course-of-Construction insurance, as well as any other hazard which might result in damage to the Work, is that of the Contractor and the surety, and no claims for such loss or damage shall be recognized by the Owner, nor will such loss or damage excuse the Complete and satisfactory performance of the Contract by the Contractor.
11.1.6.2 TIDAL WAVE INSURANCE
If the Contract is not solely funded through revenue bonds and Owner accepts an alternate bid by Contractor for insurance coverage for a tidal wave, Contractor shall maintain, in effect during the Work and until final acceptance of the Work by Owner upon Completion of the entire Contract, insurance providing coverage for loss, destruction or damage arising out of or caused by tidal wave and other similar acts of God. This insurance shall provide coverage in an amount not less than the full cost to repair, replace or reconstruct the Work.
11.1.6.3 EARTHQUAKE INSURANCE
If the Contract is not solely funded through revenue bonds and Owner accepts an alternate bid by Contractor for insurance coverage for an earthquake over 3.5 on the Richter Scale, Contractor shall maintain, in effect during the Work and until final acceptance of the Work by Owner upon Completion of the entire Contract, insurance providing coverage for loss, destruction or damage arising out of or caused by earthquake and/or other earth movement, whether seismic or volcanic in origin, over 3.5 on the Richter Scale in magnitude. This insurance shall provide coverage in an amount not less than the full cost to repair, replace or reconstruct the Work. 1124
11.1.7 CONSENT OF INSURER FOR PARTIAL OCCUPANCY OR USE
Partial occupancy or use in accordance with the Contract Documents shall not commence until the insurance company providing property insurance has consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company and shall, without mutual consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of the insurance.
11.1.8 FIRE INSURANCE
Before the commencement of the Work, the Contractor shall procure, maintain, and cause to be maintained at the Contractor’s expense, fire insurance on all Work included under the Contract Documents, insuring the full replacement value of such Work as well as the cost of any removal and demolition necessary to replace or repair all Work damaged by fire. The amount of fire insurance shall be subject to approval by the Owner and shall be sufficient to protect the Work against loss or damage in full until the Work is accepted by the Owner. Should the Work being constructed be damaged by fire or other causes during construction, it shall be replaced in accordance with the requirements of the drawings and specifications without additional expense to the Owner.
11.1.9 OTHER INSURANCE
The Contractor shall provide all other insurance required to be maintained under applicable laws, ordinances, rules, and regulations.
11.1.10 PROOF OF CARRIAGE OF INSURANCE
The Contractor shall not commence Work nor shall it allow any Subcontractor to commence Work under this Contract until all required insurance, certificates, and an Additional Insured Endorsement and Declarations Page have been obtained and delivered in duplicate to the Owner for approval subject to the following requirements:
(a) Certificates and insurance policies shall include the following clause:
This policy shall not be non-renewed, canceled, or
reduced in required limits of liability or amounts of
insurance until notice has been mailed to the
Owner. Date of cancellation or reduction may not
be less than thirty (30) days after the date of
mailing notice.
(b) Certificates of insurance shall state in particular those insured, the extent of insurance, location and operation to which the insurance applies, the expiration date, and cancellation and reduction notices.
1125
(c) Certificates of insurance shall clearly state that the Owner and the Architect are named as additional insureds under the policy described and that such insurance policy shall be primary to any insurance or self-insurance maintained by Owner and any other insurance carried by the Owner with respect to the matters covered by such policy shall be excess and non-contributing.
(d) The Contractor and its Subcontractors shall produce a certified copy of any insurance policy required under this Section upon written request of the Owner.
11.1.11 COMPLIANCE
In the event of the failure of any contractor to furnish and maintain any insurance required by this Article, the Contractor shall be in default under the Contract. Compliance by Contractor with the requirement to carry insurance and furnish certificates, policies, Additional Insured Endorsement and Declarations Page evidencing the same shall not relieve the Contractor from liability assumed under any provision of the Contract Documents, including, without limitation, the obligation to defend and indemnify the Owner and the Architect.
11.2 PERFORMANCE AND PAYMENT BONDS
11.2.1 BOND REQUIREMENTS
Unless otherwise specified in the Contract Documents, prior to commencing any portion of the Work, the Contractor shall apply for and furnish Owner separate payment and performance bonds for its portion of the Work which shall cover 100% faithful performance of and payment of all obligations arising under the Contract Documents and/or guaranteeing the payment in full of all claims for labor performed and materials supplied for the Work. All bonds shall be provided by a corporate surety authorized and admitted to transact business in California. All bonds shall be submitted on the Owner’s approved form.
To the extent, if any, that the Contract Sum is increased in accordance with the Contract Documents, the Contractor shall cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the Owner. To the extent available, the bonds shall further provide that no change or alteration of the Contract Documents (including, without limitation, an increase in the Contract Sum, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor will release the surety. If the Contractor fails to furnish the required bond, the Owner may terminate the Contract for cause.
11.2.2 SURETY QUALIFICATION
Only bonds executed by admitted Surety insurers as defined in Code of Civil Procedure section 995.120 shall be accepted. The surety insurers must, unless otherwise agreed to by Owner in writing, at the time of issuance of the bonds, have a rating not lower than “A-” as rated by A.M. Best Company, Inc. or other independent rating companies. Owner reserves the right to approve or reject the surety insurers selected by Contractor and to require Contractor to obtain 1126
bonds from surety insurers satisfactory to the Owner.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 UNCOVERING OF WORK
12.1.1 UNCOVERING WORK FOR REQUIRED INSPECTIONS
If a portion of the Work is covered contrary to the Owner’s request or to requirements specifically expressed in the Contract Documents, Contractor must, if required in writing by the Owner, uncover it for the Owner’s observation and replace the removed work at the Contractor’s expense without change in the Contract Sum or Time.
12.1.2 COSTS FOR INSPECTIONS NOT REQUIRED
If a portion of the Work has been covered which the Owner has not specifically requested to observe prior to its being covered, the Owner may request to see such work, and it shall be uncovered by the Contractor. If such work is in accordance with the Contract Documents, costs of uncover and replacement shall, by appropriate Change Order, be paid by the Owner. If such work is not in accordance with Contract Documents, the Contractor shall pay such costs, unless the condition was caused by the Owner or a separate contractor, in which event the Owner shall be responsible for payment of such costs to the Contractor.
12.2 CORRECTION OF WORK; WARRANTY
12.2.1 CORRECTION OF REJECTED WORK
The Contractor shall promptly correct the work rejected by the Owner for failing to conform to the requirements of the Contract Documents, until the statutes of limitation (or repose) and all warranties have run, as applicable, and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting the rejected work, including additional testing, inspections, and compensation for the Owner’s expenses and costs incurred.
12.2.2 REMOVAL OF NONCONFORMING WORK
The Contractor shall remove from the Site portions of the Work which are not in accordance with the requirements of the Contract Documents and are not corrected by the Contractor or accepted or approved by the Owner.
12.2.3 OWNER’S RIGHTS IF CONTRACTOR FAILS TO CORRECT
If the Contractor fails to correct nonconforming work within a reasonable time, the Owner may correct it in accordance with Section 2.4. As part of Owner’s correction of the work, the Owner may remove any portion of the nonconforming Work and store any salvageable materials or 1127
equipment at the Contractor’s expense. If the Contractor does not pay costs of such removal and storage within ten (10) days after written notice, the Owner may upon ten (10) additional days written notice sell such material or equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation for the Architect’s and other professionals and representatives’ services and expenses, made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contractor shall be invoiced for the deficiency or Owner may withhold such costs from payment pursuant to Section 9.5. If progress payments or retention then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner.
12.2.4 COST OF CORRECTING THE WORK
The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or separate contractors, whether completed or partially completed, caused by the Contractor’s correction or removal of the nonconforming work.
12.2.5 WARRANTY CORRECTIONS (INCLUDES REPLACEMENT
Pursuant to the warranty in Section 3.5, if within one (1) year after the Completion of the Work or within a longer time period for an applicable special warranty or guarantee required by the Contract Documents, any of the Work does not comply with the Contract Documents, the Contractor shall correct it after receipt of Owner’s written notice to do so, unless the Owner has previously waived in writing such right to demand correction. Contractor shall correct the Work promptly, and passage of the applicable warranty period shall not release Contractor from its obligation to correct the Work if Owner provided the written notice within the applicable warranty period. Contractor’s obligation to correct the warranty item continues until the correction is made. After the correction is made to Owner’s satisfaction, a new warranty period of the same length as the original warranty period shall run on the corrected work. The obligations under this paragraph 12.2.5 shall survive acceptance of the Work under the Contract and termination of the Contract.
12.2.6 NO TIME LIMITATION
Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents.
Establishment of the time period of one (1) year as described in Sections 3.5 and 12.2.5 relates only to the specific warranty obligation of the Contractor to correct the Work after the date of commencement of warranties and has, for example, no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, or to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work.
12.3 NONCONFORMING WORK AND WITHHOLDING THE VALUE OF IT If it is found at any time before Completion of the Work that the Contractor has varied from the 1128
Contract Documents in materials, quality, form, finish, or in the amount or value of the materials or labor used, the Owner may, in addition to other remedies in the Contract Documents or under law and as allowed by law, accept the improper Work. The Owner may withhold from any amount due or to become due Contractor that sum of money equivalent to the difference in value between the Work performed and that called for by the Drawings and Specifications. The Owner shall determine such difference in value. No structural related work shall be accepted that is not in conformance with the Contract Documents.
ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW
The Contract shall be governed by the law of the place where the Project is located.
13.2 SUCCESSORS AND ASSIGNS
The Owner and the Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and to partners, successors, assigns, and legal representatives of such other party in respect to covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole or in part without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract.
13.3 WRITTEN NOTICE
In the absence of specific notice requirements in the Contract Documents, written notice shall be deemed to have been duly served if delivered in person to the individual, member of the firm or entity, or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified or overnight mail to the last business address known to the party giving notice. Owner shall, at Contractor’s cost, timely notify Contractor of Owner’s receipt of any third party claims relating to the Contract pursuant to Public Contract Code section 9201.
13.4 RIGHTS AND REMEDIES
13.4.1 DUTIES AND OBLIGATIONS CUMULATIVE
Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law.
13.4.2 NO WAIVER
No action or failure to act by the Owner, Inspector of Record, Architect or any construction 1129
manager shall constitute a waiver of a right or duty afforded them under the Contract Documents, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed to in a written amendment to the Contract.
13.5 TESTS AND INSPECTIONS
13.5.1 COMPLIANCE
Tests, inspections, and approvals of portions of the Work required by the Contract Documents will comply with Title 24, and with all other laws, ordinances, rules, regulations, or orders of public authorities having jurisdiction.
13.5.2 INDEPENDENT TESTING LABORATORY
The Owner will select and pay an independent testing laboratory to conduct all tests and inspections, including shipping or transportation costs or expenses (mileage and hours).
Selection of the materials required to be tested shall be made by the laboratory and not by the Contractor. However, if Contractor requests that the Owner use a different testing laboratory and Owner chooses to approve such request, Contractor shall reimburse Owner for any additional shipping or transportation costs or expenses (mileage and hours). Owner may invoice such costs or expenses to the Contractor or withhold such costs or expenses from progress payments and/or retention.
13.5.3 ADVANCE NOTICE TO INSPECTOR OF RECORD
The Contractor shall notify the Inspector of Record a sufficient time in advance of its readiness for required observation or inspection so that the Inspector of Record may arrange for same. The Contractor shall notify the Inspector of Record a sufficient time in advance of the manufacture of material to be supplied under the Contract Documents which must, by terms of the Contract Documents, be tested in order that the Inspector of Record may arrange for the testing of the material at the source of supply.
13.5.4 TESTING OFF-SITE
Any material shipped by the Contractor from the source of supply, prior to having satisfactorily passed such testing and inspection or prior to the receipt of notice from said Inspector of Record that such testing and inspection will not be required, shall not be incorporated in the Work. 1130
13.5.5 ADDITIONAL TESTING OR INSPECTION
If the Inspector of Record, the Architect, the Owner, or public authority having jurisdiction determines that portions of the Work require additional testing, inspection, or approval not included under section 13.5.1, the Inspector of Record will, upon written authorization from the Owner, make arrangements for such additional testing, inspection, or approval. The Owner shall bear such costs except as provided in section 13.5.6.
13.5.6 COSTS FOR RETESTING
If such procedures for testing, inspection, or approval under sections 13.5.1, 13.5.2 and 13.5.5 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs arising from such failure, including those of re-testing, re-inspection, or re-approval, including, but not limited to, compensation for the Architect’s services and expenses. Any such costs shall be paid by the Owner, invoiced to the Contractor, and, among other remedies, can be withheld from progress payments and/or retention.
13.5.7 COSTS FOR PREMATURE TEST
In the event the Contractor requests any test or inspection for the Project and is not completely ready for the inspection, the Contractor shall be invoiced by the Owner for all costs and expenses resulting from that testing or inspection, including, but not limited to, the Architect’s fees and expenses, and the amount of the invoice can among other remedies, be withheld from progress payments and/or retention.
13.5.8 TESTS OR INSPECTIONS NOT TO DELAY WORK
Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work.
13.6 [INTENTIONALLY LEFT BLANK]
13.7 TRENCH EXCAVATION
13.7.1 TRENCHES GREATER THAN FIVE FEET
Pursuant to Labor Code section 6705, if the Contract Sum exceeds $25,000 and involves the excavation of any trench or trenches five (5) feet or more in depth, the Contractor shall, in advance of excavation, submit to the Owner or a registered civil or structural engineer employed by the Owner a detailed plan showing the design of shoring for protection from the hazard of caving ground during the excavation of such trench or trenches.
13.7.2 EXCAVATION SAFETY
If such plan varies from the Shoring System Standards established by the Construction Safety 1131
Orders, the plan shall be prepared by a registered civil or structural engineer, but in no case shall such plan be less effective than that required by the Construction Safety Orders. No excavation of such trench or trenches shall be commenced until said plan has been accepted by the Owner or by the person to whom authority to accept has been delegated by the Owner.
13.7.3 NO TORT LIABILITY OF OWNER
Pursuant to Labor Code section 6705, nothing in this Article shall impose tort liability upon the Owner or any of its employees.
13.7.4 NO EXCAVATION WITHOUT PERMITS
The Contractor shall not commence any excavation work until it has secured all necessary permits including the required CAL OSHA excavation/shoring permit. Any permits shall be prominently displayed on the Site prior to the commencement of any excavation.
13.8 WAGE RATES
13.8.1 WAGE RATES
Pursuant to the provisions of Article 2 (commencing at § 1770), Chapter 1, Part 7, Division 2, of the Labor Code, the city council of the Owner has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this public work is to be performed for each craft, classification, or type of worker needed for this Project from the Director of Industrial Relations (“Director”). These rates are on file with the Clerk of the Owner’s City Council, and copies will be made available to any interested party on request. The Contractor shall post a copy of such wage rates at the Site.
13.8.2 HOLIDAY AND OVERTIME PAY
Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half (1½) times the above specified rate of per diem wages, unless otherwise specified.
Holidays shall be defined in the Collective Bargaining Agreement applicable to each particular craft, classification, or type of worker employed.
13.8.3 WAGE RATES NOT AFFECTED BY SUBCONTRACTS
The Contractor shall pay and shall cause to be paid each worker engaged in the Work on the Project not less than the general prevailing rate of per diem wages determined by the Director, regardless of any contractual relationship which may be alleged to exist between the Contractor or any Subcontractor and such workers.
1132
13.8.4 CHANGE IN PREVAILING WAGE DURING BID OR CONSTRUCTION If during the period this bid is required to remain open, the Director of Industrial Relations determines that there has been a change in any prevailing rate of per diem wages in the locality in which this public work is to be performed, such change shall not alter the wage rates discussed in the Notice to Bidders or the Contract subsequently awarded.
13.8.5 FORFEITURE AND PAYMENTS
Pursuant to Labor Code section 1775, the Contractor and any subcontractor under the Contractor shall as a penalty to the Owner, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages, determined by the Director, for such craft or classification in which such worker is employed for any public work done under the Agreement by the Contractor or by any Subcontractor under it. Minimum penalties shall apply, as also provided in Civil Code section 1775. The amount of the penalty shall be determined by the Labor Commissioner and shall be based on both of the following: (1) whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected upon being brought to the attention of the contractor or subcontractor; and (2) whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations. The difference between such prevailing rate of per diem wage and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing rate of per diem wage shall be paid to each work by the Contractor or subcontractor. Labor Code section 1777.1 shall also apply.
13.8.6 MINIMUM WAGE RATES
Any worker employed to perform Work on the Contract, which Work is not covered by any craft or classification listed in the general prevailing rate of per diem wages determined by the Director, shall be paid not less than the minimum rate of wages specified therein for the craft or classification which most nearly corresponds to the Work to be performed by them, and such minimum wage rate shall be retroactive to time of initial employment of such person in such craft or classification.
13.8.7 PER DIEM WAGES
Pursuant to Labor Code section 1773.1, per diem wages includes employer payments for health and welfare, pension, and vacation pay.
13.8.8 POSTING OF WAGE RATES AND OTHER REQUIRED JOB SITE NOTICES The Contractor shall post at appropriate conspicuous points on the Site, a schedule showing all determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned and all other required job site notices as prescribed by regulation. 1133
13.9 RECORD OF WAGES PAID: INSPECTION
13.9.1 APPLICATION OF LABOR CODE
Pursuant to section 1776 of the Labor Code:
(a) Each Contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, and straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct.
(2) The employer has complied with the requirements of sections 1771, 1811 and 1815 for any work performed by his or her employees on the public works project.
(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
(1) A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.
(2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the Owner and the Division of Labor Standards Enforcement of the Department of Industrial Relations ((“DIR”) and as may be required by the Labor Commissioner under Labor Code section 1771.4). The Contractor and each subcontractor shall furnish a certified copy of all payroll records directly to the Labor Commissioner monthly or more frequently, if so specified in the Agreement and in a format the Labor Commissioner prescribes.
(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof.
However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement of the …(DIR). If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of the preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to such records at the principal office of the Contractor.
1134
(c) Unless required as of January 1, 2015, to be furnished directly to the Labor Commissioner under Labor Code section 1771.4(a)(3), the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (of the DIR) or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in (a) above. (d) A Contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records within 10 days after receipt of a written request.
(e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement (of the DIR) shall be marked or obliterated to prevent disclosure of an individual’s name, address and social security number. The name and address of the Contractor awarded the Contract or the subcontractor performing the Contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual’s full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual’s social security number.
(f) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual’s name, address, and social security number. An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subsection. (g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to 1135
receipt of written notice requesting the records enumerated in subdivision (a). In the event that the Contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement (of the DIR), these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of the subcontractor to comply with this section.
13.10 APPRENTICES
13.10.1 APPRENTICE WAGES AND DEFINITIONS
All apprentices employed by the Contractor to perform services under the Contract shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he or she is employed, and shall be employed only at the work of the craft or trade to which he or she is registered. Only apprentices, as defined in section 3077 of the Labor Code, who are in training under apprenticeship standards and written apprenticeship agreements under Chapter 4 (commencing with § 3070) of Division 3, are eligible to be employed under this Contract. The employment and training of each apprentice shall be in accordance with the apprenticeship standards and apprentice agreements under which he or she is training. Contractor shall pay apprentices for any preemployment activities, as set forth in Labor Code section 1777.5.
13.10.2 APPRENTICE LABOR POOL
When the Contractor to whom the Contract is awarded by the Owner, or any Subcontractor under him or her, in performing any of the Work under the Contract or subcontract, employs workers in any apprenticeable craft or trade, the Contractor and Subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the Site of the Project, for a certificate approving the Contractor or Subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, approval as established by the joint apprenticeship committee or committees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship committee or committees, subsequent to approving the subject Contractor or Subcontractor, shall arrange for the dispatch of apprentices to the Contractor or Subcontractor in order to comply with this section. Every Contractor and Subcontractor shall submit the contract award information to the applicable joint apprenticeship committee which shall include an estimate of journeyman hours to be performed under the Contract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. There shall be an affirmative duty upon the joint apprenticeship committee or committees administering the apprenticeship standards of the crafts or trade in the area of the Site of the public work, to ensure equal employment and affirmative action and apprenticeship for women and minorities.
Contractors or Subcontractors shall not be required to submit individual applications for approval to local joint apprenticeship committees provided they are already covered by the local apprenticeship standards. The ratio of work performed by apprentices to journeymen, who shall 1136
be employed in the craft or trade on the Project, may be the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates, but, except as otherwise provided in this section, in no case shall the ratio be less than one (1) hour of apprentice work for every five (5) hours of labor performed by a journeyman. However, the minimum ratio for the land surveyor classification shall not be less than one (1) apprentice for each five (5) journeymen.
13.10.3 JOURNEYMAN/APPRENTICE RATIO; COMPUTATION OF HOURS Any ratio shall apply during any day or portion of a day when any journeyman, or the higher standard stipulated by the joint apprenticeship committee, is employed at the job Site and shall be computed on the basis of the hours worked during the day by journeymen so employed, except for the land surveyor classification. The Contractor shall employ apprentices for the number of hours computed as above before the end of the Contract. However, the Contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the job Site. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Division of Apprenticeship Standards, upon application of a joint apprenticeship committee, may order a minimum ratio of not less than one (1) apprentice for each five (5) journeymen in a craft or trade classification.
13.10.4 JOURNEYMAN/APPRENTICE RATIO
The Contractor or Subcontractor, if he or she is covered by this section upon the issuance of the approval certificate, or if he or she has been previously approved in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. Upon proper showing by the Contractor that he or she employs apprentices in the craft or trade in the state on all of his or her contracts on an annual average of not less than one (1) hour of apprentice work for every five (5) hours of labor performed by a journeyman, or in the land surveyor classification, one (1) apprentice for each five (5) journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the Contractor from the 1-to-5 hourly ratio as set forth in this section. This section shall not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor, when the contracts of general contractors or those specialty contractors involve less than Thirty Thousand Dollars ($30,000) or twenty (20) working days. Any work performed by a journeyman in excess of eight (8) hours per day or forty (40) hours per week, shall not be used to calculate the hourly ratio required by this section.
13.10.4.1 Apprenticeable Craft or Trade. “Apprenticeable craft or trade” as used in this Article means a craft or trade determined as an apprenticeable occupation in accordance with the rules and regulations prescribed by the California Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a Contractor from the 1-to-5 ratio set forth in this Article when it finds that any one of the following conditions is met:
A. Unemployment for the previous three-month period in the area exceeds an average of fifteen percent (15%).
1137
B. The number of apprentices in training in such area exceeds a ratio of 1-to-5.
C. There is a showing that the apprenticeable craft or trade is replacing at least onethirtieth (1/30) of its journeymen annually through the apprenticeship training, either on a statewide basis or on a local basis.
D. Assignment of an apprentice to any work performed under this contract would create a condition which would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman.
13.10.5 RATIO EXEMPTION
When exemptions are granted to an organization which represents Contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member Contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
13.10.6 APPRENTICE FUND
A Contractor to whom the Contract is awarded or any Subcontractor under him or her, who, in performing any of the work under the Contract, employs journeymen or apprentices in any apprenticeable craft or trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the Site of the Project, to which fund or funds other contractors in the area of the Site of the Project are contributing, shall contribute to the fund or funds in each craft or trade in which he or she employs journeymen or apprentices on the Project in the same amount or upon the same basis and in the same manner as the other contractors do, but where the trust fund administrators are unable to accept the funds, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. The Contractor or Subcontractor may add the amount of the contributions in computing his or her bid for the contract. The Division of Labor Standards Enforcement is authorized to enforce the payment of the contributions to the fund or funds as set forth in the Labor Code section 227.
13.10.7 PRIME CONTRACTOR COMPLIANCE
The responsibility of compliance with section 13.10 and section 1777.5 of the Labor Code for all apprenticeable occupations is with the Prime Contractor.
13.10.8 DECISIONS OF JOINT APPRENTICESHIP COMMITTEE
All decisions of the joint apprenticeship committee under this section 13.10 and Labor Code section 1777.5 are subject to Labor Code section 3081.
1138
13.10.9 NO BIAS
It shall be unlawful for an employer or a labor union to refuse to accept otherwise qualified employees as registered apprentices on any public works on the grounds of race, religious creed, color, national origin, ancestry, sex, or age, except as provided in the Labor Code section 3077.
13.10.10 VIOLATION OF LABOR CODE
Pursuant to Labor Code sections 1777.1 and 1777.7, in the event a Contractor or Subcontractor fails to comply with the provisions of this section 13.10 and Labor Code section 1777.5, among other things:
(a) If a Contractor or Subcontractor willfully fails to comply, the Labor Commissioner may deny to the contractor or subcontractor, and to its responsible officers, the right to bid on, or be awarded or perform work as a subcontractor on, any public works project for a period of up to one year for the first violation and for a period of up to three years for the second and subsequent violation. Each period of debarment shall run from the date the determination of noncompliance by the Labor Commissioner becomes a final order.
(b) A contractor or subcontractor who violates section 1777.5 shall forfeit as a civil penalty an amount not exceeding the sum of One Hundred Dollars ($100) for each full calendar day of noncompliance. Upon receipt of a determination that a civil penalty has been imposed, the awarding body shall enforce the penalty, which includes withholding the amount of the civil penalty from the contract progress payments or retention then due or to become due.
(c) In lieu of the penalty provided, the Labor Commissioner may for a first time violation and with the concurrence of an applicable apprenticeship program, order the contractor or subcontractor to provide apprentice employment equivalent to the work hours that would have been provided for apprentices during the period of noncompliance.
(d) Any funds withheld by the awarding body pursuant to this section shall be deposited in the General Fund.
(e) The interpretation and enforcement of section 1777.5 and this section shall be in accordance with the regulations of the California Apprenticeship Council.
Pursuant to Public Contract Code section 6109, no contractor or subcontractor may bid on, be awarded, or perform work as a subcontractor on a public works project if ineligible to bid or work on, or be awarded, a public works project pursuant to section 1777.1 of the Labor Code. 1139
13.11 ASSIGNMENT OF ANTITRUST CLAIMS
13.11.1 APPLICATION
Pursuant to Public Contract Code section 7103.5 and Government Code section 4552, in entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or Subcontractor offers and agrees to assign to the Owner 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. § 15) or under the Cartwright Act (Chapter 2 [commencing with § 16700] of Part 2 of Division 7 of the Bus. & Prof. Code), arising from the purchase 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 the awarding body tenders Final Progress Payment to the Contractor, without further acknowledgment by the parties. If the Owner receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under Chapter 11 (commencing with § 4550) of Division 5 of Title 1 of the Government Code, the assignor may, upon demand, recover from the Owner any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the Owner as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.
13.11.2 ASSIGNMENT OF CLAIM
Upon demand in writing by the assignor, the Owner shall, within one (1) year from such demand, reassign the cause of action assigned pursuant to this Article if the assignor has been or may have been injured by the violation of law for which the cause of action arose and the Owner has not been injured thereby or the Owner declines to file a court action for the cause of action.
13.12 AUDIT
Pursuant to and in accordance with the provisions of Government Code section 8546.7, or any amendments thereto, all books, records, and files of the Owner, the Contractor, or any Subcontractor connected with the performance of this Contract involving the expenditure of state funds in excess of Ten Thousand Dollars ($10,000.00), including, but not limited to, the administration thereof, shall be subject to the examination and audit of the Office of the Auditor General of the State of California for a period of three (3) years after release of all retention under this Contract. Contractor shall preserve and cause to be preserved such books, records, and files for the audit period. During the progress of the Work and for three (3) years after release of all retention under the Contract, Owner shall also have the right to an audit of Contractor’s books, records, subcontracts, material and equipment contracts, files, and information related to the project, and Contractor must cooperate by producing all requested items within seven (7) days.
13.13 STORM WATER DISCHARGE PERMIT
If applicable, the Contractor shall file a Notice of Intent to comply with the terms of the general permit to discharge storm water associated with construction activity (WQ Order No. 920-08- 1140
DWQ). The Notice of Intent must be sent to the following address along with the appropriate payment (warrant to be furnished by the Owner upon request by the Contractor, allow warrant processing time.): California State Water Resources Control Board, Division of Water Quality, Storm Water Permit Unit, P.O. Box 1977, Sacramento, CA 95812-1977. The Contractor may also call the State Water Board’s Construction Activity Storm Water Hotline at (916) 657-1146.
The Notice of Intent shall be filed prior to the start of any construction activity.
ARTICLE 14
TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 TERMINATION BY THE CONTRACTOR FOR CAUSE
Contractor may not terminate performance for convenience. Contractor may only terminate performance for cause if the Work is stopped by others for a period of one hundred eighty (180) consecutive days through no act or fault of the Contractor, a Subcontractor of any tier, their agents or employees, or any other persons performing portions of the Work for whom the Contractor is contractually responsible, and the Work was stopped by others for one of the following reasons: (A) Issuance of an order of a court or other public authority having jurisdiction which requires Owner to stop all Work; or (B) an act of government, such as a declaration of national emergency, making material unavailable which requires Owner to stop all Work. If such grounds exist, the Contractor may serve written notice of such grounds on Owner and demand a meet-and-confer conference to negotiate a resolution in good faith within twenty (20) days of Owner’s receipt of such notice. If such conference does not lead to resolution and the grounds for termination still exist, Contractor may terminate the Contract and recover from the Owner payment for Work executed and for reasonable verified costs with respect to materials, equipment, tools, construction equipment, and machinery, including reasonable overhead, profit, and damages for the Work executed, but excluding overhead (field and home office) and profit for (i) Work not performed and (ii) the period of time that the Work was stopped.
14.2 TERMINATION BY THE OWNER FOR CAUSE
14.2.1 GROUNDS FOR TERMINATION
The Owner may terminate performance of the Contract if the Contractor:
A. Refuses or fails to supply enough properly skilled workers or proper materials, or refuses or fails to take steps to adequately prosecute the Work to meet a Milestone Deadline or to Complete within the Contract Time;
B. Fails to make payment to Subcontractors for materials or labor in accordance with Public Contract Code section 10262 or Business and Professions Code section 7108.5, as applicable;
C.Violates Labor Code section 1771.1(a), subject to the provisions of Labor Code section 1141
1771.1(f);
D. Disregards laws, ordinances, rules, regulations, or orders of a public authority having jurisdiction; or
E. Otherwise is in breach of the Contract Documents.
14.2.2 NOTIFICATION OF TERMINATION
When any of the above reasons exist, the Owner may, without prejudice to any other rights or remedies of the Owner, give notice to Contractor of the grounds for termination and demand cure of the grounds within seven (7) days (a “Notice of Intent to Terminate”). If Contractor fails to either (a) completely cure the grounds for termination within seven (7) days or (b) reasonably commence cure of the grounds for termination within seven (7) days and reasonably continue to cure the grounds for termination until such cure is complete, then Owner may terminate the performance of Contract effective immediately upon service of written Notice of Termination and may, subject to any prior rights of Contractor’s surety on the performance bond (“Surety”):
A. Take possession of the Site and of all material, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; B. Accept assignment of subcontracts pursuant to section 5.4; and C. Complete the Work by whatever reasonable method the Owner may deem expedient, including tender of completion to the Surety.
14.2.3 PAYMENTS WITHHELD
If the Owner terminates performance of the Contract for one of the reasons stated in section
14.2.1, the Contractor shall not be entitled to receive further payment until the Work is Complete.
14.2.4 PAYMENTS UPON COMPLETION
If the unpaid balance of the Contract Sum exceeds costs of Completing the Work, including compensation for professional services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This payment obligation shall survive Completion of the Work.
14.2.5 INCLUSION OF TERMINATION FOR CONVENIENCE
Any purported termination by Owner for cause under this section 14.2, which is revoked or determined to not have been for cause, shall be deemed to have been a termination for convenience effective as of the same date as the purported termination for cause. 1142
14.3 SUSPENSION OR TERMINATION BY THE OWNER FOR CONVENIENCE
14.3.1 SUSPENSION BY OWNER
The Owner may, without cause, order the Contractor in writing to suspend, delay, or interrupt the Work in whole or in part for such period of time as the Owner may determine.
14.3.1.1 Adjustments. An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance caused by suspension, delay, or interruption. No adjustment shall be made to the extent:
A. That performance is, was or would have been so suspended, delayed, or interrupted by another cause for which the Contractor is responsible; or B. That an equitable adjustment is made or denied under another provision of this Contract.
14.3.1.2 Adjustments for Fixed Cost. Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee.
14.3.2 TERMINATION BY THE OWNER FOR CONVENIENCE
14.3.2.1 The Owner may, at any time, terminate performance of the Contract for the Owner’s convenience and without cause.
14.3.2.2 Upon receipt of written notice from the Owner of such termination for the Owner’s convenience, the Contractor shall:
1. Cease operations as directed by the Owner in the notice;
2. Take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and
3. Except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders.
14.3.2.3 In case of such termination for the Owner’s convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination.
1143
14.4 NOT A WAIVER
Any suspension or termination by Owner of performance by Contractor for convenience or cause under this Article 14 shall not act as a waiver of any claims by Owner against Contractor or others for damages based on breach of contract, negligence or other grounds.
14.5 MUTUAL TERMINATION FOR CONVENIENCE
The Contractor and the Owner may mutually agree in writing to terminate performance of this Contract for convenience. The Contractor shall receive payment for all Work performed to the date of termination in accordance with the provisions of Article 9.
14.6 EARLY TERMINATION
Notwithstanding any provision herein to the contrary, if for any fiscal year of this Contract the governing body of the Owner fails to appropriate or allocate funds for future periodic payments under the Contract after exercising reasonable efforts to do so, the Owner may upon thirty (30) days’ notice, order Work on the Project to cease. The Owner will remain obligated to pay for the Work already performed but shall not be obligated to pay the balance remaining unpaid beyond the fiscal period for which funds have been appropriated or allocated and for which the Work has not been done.
J:\WDOCS\01943\001\agt\01009529.DOCX
1144
City of
LEMOORE
CALIFORNIA
711 West Cinnamon Drive Lemoore, California 93245 (559) 924-6700 Staff Report
Item No: 3-9
To: Lemoore City Council
From: Frank Rivera, Public Works Director
Date: November 22, 2022 Meeting Date: December 6, 2022
Subject: Notice of Completion – CIP 5705 – Downtown Parking Lot Project Strategic Initiative:
☐ Safe & Vibrant Community ☐ Growing & Dynamic Economy
☐ Fiscally Sound Government ☒ Operational Excellence
☐ Community & Neighborhood Livability ☐ Not Applicable
Proposed Motion:
Approve the filing of the Notice of Completion for CIP 5705 – Downtown Parking Lot Project and authorize the City Manager, or designee, to execute the document for recordation.
Subject/Discussion:
The City of Lemoore awarded the Downtown Parking Lot Project to Powers Construction on September 22, 2022.
The parking lot is located on C Street behind Tadeo’s and Wells Fargo. The project consisted of removing and regrading the parking lot, replacing the asphalt with 5 inches of concrete, and restriping all lines upon completion of the project. The project was inspected and deemed complete as of November 18, 2022.
Financial Consideration(s):
The overall budget and cost of this project was $124,080.
Alternatives or Pros/Cons:
Pro:
• Filing of the Notice of Completion will allow time for creditors to notify the City of unpaid bills and allow for the release of some of the bonds for the Contractor. 1145
Cons:
• None noted
Commission/Board Recommendation:
Not applicable.
Staff Recommendation:
Staff recommends that City Council approve the filing of the Notice of Completion for CIP 5705 –Downtown Parking Lot Project and authorize the City Manager, or designee, to execute the document for recordation.
Attachments: Review: Date:
☐ Resolution: ☒ Asst. City Manager 11/23/2022
☐ Ordinance: ☒ City Attorney 11/29/2022
☐ Map ☒ City Clerk 11/30/2022
☐ Contract ☒ City Manager 11/28/2022
☒ Other ☐ Finance
List: Notice of Completion
1146
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Lemoore
711 W Cinnamon Drive
Lemoore, CA 93245
No Fee Per Government Code 6103
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN, pursuant to Civil Code Section 9204, that the interest or estate stated below herein in the real property herein described is owned by the CITY OF LEMOORE and that the City Council of the City of Lemoore, 711 W Cinnamon Drive, Lemoore, California, entered into an Agreement on September 22, 2022 with Powers Construction for the Downtown Parking Lot Project, located on the northwest corner of the intersection of Heinlen Street and C Street, in the City of Lemoore in Kings County, California 93245. Such work has been completed and accepted by the City of Lemoore on the 6th day of December.
CITY OF LEMOORE
Nathan Olson, City Manager
ATTEST:
Marisa Avalos, City Clerk
CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF KINGS ) ss.
CITY OF LEMOORE )
I, Frank Rivera, am the Public Works Director of the City of Lemoore. I have read the foregoing Notice of Completion and know the contents thereof, and I certify that the same is true of my knowledge except for those matters stated upon information and belief, and as to those matters, I believe them to be true and correct. I certify under penalty of perjury that the foregoing is true and correct.
EXECUTED this day of , 2022 at Lemoore, California.
Frank Rivera
Public Works Director
City of Lemoore
1147
PUBLIC AGENCY ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF KINGS ) ss.
CITY OF LEMOORE )
On before me, Marisa Avalos, City Clerk,
personally appeared Nathan Olson, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Marisa Avalos, City Clerk
PUBLIC AGENCY ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF KINGS ) ss.
CITY OF LEMOORE )
On before me, Marisa Avalos, City Clerk,
personally appeared Frank Rivera, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Marisa Avalos, City Clerk
1148
City of
LEMOORE
CALIFORNIA
711 West Cinnamon Drive Lemoore, California 93245 (559) 924-6744 Staff Report
Item No: 3-10
To: Lemoore City Council
From Michael Kendall, Police Chief
Date: November 30, 2022 Meeting Date: December 6, 2022
Subject: Budget Amendment – Lemoore Police Shoe Drive
Strategic Initiative:
☒ Safe & Vibrant Community ☐ Growing & Dynamic Economy
☐ Fiscally Sound Government ☐ Operational Excellence
☒ Community & Neighborhood Livability ☐ Not Applicable
Proposed Motions:
Approve a budget amendment in the amount of $600.00 to increase the expenditures for the Lemoore Police Department Shoe Drive and authorize the City Manager, or designee to execute the transfer.
Subject/Discussion:
Annually Lemoore Police Department conducts a children’s shoe drive. Donations are collected all year to provide children in need with new shoes. To date, 45 children have been identified as needing a new pair of shoes. The number tends to increase through the fiscal year as more children are identified. This year there has also been an increase in shoe prices. A budget amendment in the amount of $600 is necessary in order to purchase enough shoes for the children in need. Fund 124 has an approximate fund balance of $1800. The additional funds will come from Fund 124, and will not effect the City’s general fund.
Financial Consideration(s):
A budget amendment in the amount of $600.00 from Fund 124. There is no effect to the City’s general fund.
Alternatives or Pros/Cons:
Pros:
• Provide shoes to children in need.
1149
Cons:
• None noted.
Commission/Board Recommendation:
Not applicable.
Staff Recommendation:
Staff recommends that City Council approve a budget amendment in the amount of $600.00 for the purchase of children’s shoes and authorize the City Manager, or designee, to execute the transfer.
Attachments: Review: Date:
☐ Resolution: ☒ Asst. City Manager 11/30/2022
☐ Ordinance: ☐ City Attorney
☐ Map ☒ City Clerk 12/01/2022
☐ Contract ☒ City Manager 12/01/2022
☒ Other: Budget Amendment ☐ Finance
1150
Date: Request By:
Requesting Department:
TYPE OF BUDGET AMENDMENT REQUEST:
Appropriation Transfer within Budget Unit
All other appropriations (Attach Council approved Staff Report) FROM:
Fund Budget Unit Account Current Budget Proposed
Increase/Decrease: Proposed New Budget
124 1010 $ 1,878.69 $ (600.00) $ 1,278.69
TO:
Fund Budget Unit Account Current Budget Proposed
Increase/Decrease: Proposed New Budget
124 4288 4220 $ 750.00 $ 600.00 $ 1,350.00
$ -
$ -
APPROVALS:
Completed By: Date:
Department Head: Date:
City Manager: Date:
JUSTIFICATION FOR CHANGE/FUNDING SOURCE:
To increase expenses for the Lemoore PD Shoe Drive 2022-2023. 11/30/2022 Margarita Ochoa
Police
CITY OF LEMOORE
BUDGET AMENDMENT FORM
1151
City of
LEMOORE
CALIFORNIA
711 W. Cinnamon Drive Lemoore, California 93245 (559) 924-6744 Fax (559) 924-9003 Staff Report
Item No: 4-1
To: Lemoore City Council
From: Ray Greenlee, Community Services Manager
Date: November 4, 2022 Meeting Date: December 6, 2022
Subject: Resolution 2022-42 – Amending the Master User Fee Schedule to Revise and Update Fees Associated with Facility and Park Rentals Strategic Initiative:
☐ Safe & Vibrant Community ☐ Growing & Dynamic Economy
☒ Fiscally Sound Government ☐ Operational Excellence
☒ Community & Neighborhood Livability ☐ Not Applicable
Proposed Motion:
Hold a public hearing on proposed amendments to the Master User Fee Schedule regarding Facility and Park rentals, as presented in the attached fee schedule, to take effect immediately upon approval of Resolution 2022-42.
Subject/Discussion:
Periodic review of various City services and fees is important for revenue management, and also to assure continued equitable pricing for services and offerings by the City.
Additionally, reviews provide an opportunity to analyze core programs, facilities, and services, and to add categories for new or revised offerings. Critical to this undertaking is the support and buy-in of elected officials, advisory boards, staff, and, most importantly, the citizens.
The attached schedule for Facility and Park rentals outlines existing and proposed fees.
New fees are clearly identified with an adjacent “n.” Fees that are changed, either increased or decreased, are marked with a “c.”
1152
Financial Consideration(s):
The revised fees will generate additional revenue to the City to offset the increased costs of providing those services.
Alternatives or Pros/Cons:
Pros:
• Increases cost recovery for specific services covered by fees. • Supports general fund revenue available for community beneficial programs not covered by fees.
Cons:
• Increased fees are often not supported by residents and builders.
Commission/Board Recommendation:
Not Applicable
Staff Recommendation:
City staff recommends that City Council hold the public hearing and adopt Resolution 2022-41, amending the Master User Fee Schedule to revise and update fees associated with facility and park rentals.
Attachments: Review: Date:
☐ Resolution: 2022-41 ☒ Asst. City Mgr. 11/23/2022
☐ Ordinance: ☒ City Attorney 11/29/2022
☐ Map ☒ City Manager 11/28/2022
☐ Contract ☒ City Clerk 11/30/2022
☐ Other ☐ Finance
List: Master User Fee Schedule
1153
RESOLUTION NO. 2022-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEMOORE
AMENDING THE MASTER USER FEE SCHEDULE TO REVISE AND UPDATE FEES
ASSOCIATED WITH FACILITY AND PARK RENTALS
WHEREAS California state law authorizes local governments to charge fees for public services based on the estimated reasonable cost of providing the service for which the fees are charged; and
WHEREAS the City Council has the authority to increase certain fees annually, based on an appropriate measure within the nationally published Consumer Price Index, or by reevaluation and assignment of actual municipal costs to cover the estimated cost of providing the services for which such fees are levied; and
WHEREAS a fee study has been conducted by city staff to assess costs for facility and park rentals within the city; and
WHEREAS the City of Lemoore has met the requirements pursuant to Government Code Section 66016 by holding a public hearing concerning the adoption of said fees and has made available to the public, at least 10 days before the hearing, data on the amount of costs or estimated costs required to provide the services for which the fees are levied and the revenue sources anticipated to provide the services; and
WHEREAS the City of Lemoore determines to update and include all within the Master Fee Schedule.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lemoore that:
1. The Council finds that the specific amount of the added and otherwise updated user fees, the description of the benefit and impact area on which the user fee is imposed, the description of the reasonable relationship between the fees and the various types of services, and the time for payment set forth below in this resolution are proper and necessary and the information and data upon which the fees are based is correct and accurate; and,
2. Council hereby adopts and approves the Facility and Park Rental Feeds to be added to the Master User Fee Schedule, following a public hearing on the matter and the same is incorporated herein; and,
3. The fees adopted by this resolution shall be in full force and effect immediately upon approval of this resolution.
4. Fees in the Master Fee Schedule may be increased annually based on the “Consumer Price Index - All Urban Customers,” for the area of “Los Angeles-Riverside-Orange County, 1154
CA.” The increase shall be effective each July 1st, and shall be based on the most recent 12-month average compared to the previous 12-month average.
5. Any judicial action or proceeding to attack, review, set aside or annul this resolution shall be brought within 120 days of its adoption; and,
6. Specific defined User Fees are presented in the attachment..
7. The provisions of this resolution are severable, and the validity of any part thereof including any fee shall not affect the validity or effectiveness of the remainder of the resolution.
Passed and adopted at a Regular Meeting of the City Council of the City of Lemoore held on the 6th day of December, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
ATTEST: APPROVED:
Marisa Avalos Stuart Lyons
City Clerk Mayor
1155
EXHIBIT A
City of Lemoore Facility Rental Fees
Existing Proposed
Resident
NonResidentNonProfit ResidentNonResident Non-Profit * Civic Auditorium
City Sponsored Events No fee No Fee
Entire Facility
$450 / 4
hours
$500 / 4
hours
$315 /
4 hours
$450 / 4
hours
$500 / 4
hours
$315 / 4
hours c
Any Additional Hours - Including
Decorating/Cleanup $40 / hour $125 / hour $87.50/hour
c
Conference Room Only
$20 /
hour
$25 /
hour
$14 /
hour
$50 /
hour
$55 /
hour $35 / hour
c
Foyer not including Kitchen none none none
$75 /
hour
$82.50 /
hour
$52.50 /
hour n
Kitchen none none none
$100 /
hour
$110 /
hour $70 / hour n
Tables none none none $8 each $8 each $8 each n
Chairs none none none $1 each $1 each $1 each n
Deposit none none none $250 $250 $250 n
Lemoore Veterans Memorial Hall
Veterans Hall Side $200 / 4 hours
$200 / 4
hours
$250 / 4
hours
$140 / 4
hours c
Vets Hall Old Teen Center Side $200 / 4 hours $250 / 4
hours
$275 / 4
hours
$175 / 4
hours c
Rent Both Sides/ Vets Hall & Teen
Center $300 / 4 hours $300 / 4 hours
$350 / 4
hours
$275 / 4
hours c
Any Additional Hours - Including
Decorating/Cleanup $30 / hour $60 / hour
$65 /
hour $42 / hour
c
Kitchen none none none
$50 /
hour
$55 /
hour $30 / hour
n
Tables none none none $8 each $8 each $8 each n
Chairs none none none $1 each $1 each $1 each n
Deposit none none none $250 $250 $250 n
Lemoore Recreation Center
Lemoore Recreation Center -
Entire Facility
$800 / 6
hours
$800 / 6
hours
$560 /
6 hours
$1,200 /
6 hours
$1,320 /
6 hours
$840 / 6
hours c
Any Additional Hours - Including
Decorating/Cleanup $60 / hour $220 / hour $154 / hour c Lemoore Recreation Center
Commercial Kitchen $50 / hour (3 hour minimum) $150 / hour $165 /
hour $105 / hour c
4 hour minimum for kitchen rental
Indoor Soccer Field $50 / hour $50 / hour
$55 /
hour $35 / hour c
Basketball Courts per court /
Basketball Only $20 / hour $30 / hour
$35 /
hour $21 / hour c
Day Camp / Multi Purose Room $150 / 3 hours $200 / 3
hours
$220 / 3
hours
$140 / 3
hours c
Dance Room / Meeting Room $300 / 4 hours $300 / 3
hours
$330 / 3
hours
$210 / 3
hours c
1156
Spring Floor none none none
$50 /
hour
$55 /
hour $35 / hour n
Miscellaneous Recreation
Programs Various Various
Tables none none none $8 each $8 each $8 each n
Chairs none none none $1 each $1 each $1 each n
Deposit none none none $300 $300 $300 n
* c = change, n = new
City of Lemoore Park Rental Fees
Existing Proposed
Resident
NonResidentNonProfit ResidentNonResident Non-Profit * Veterans Memorial Park
Small BBQ Area $25 / 4 hours or $40 / all day $60 / 4 hours $66 / 4 hours $42 / 4 hours c $150 / all
day
$165 / all
day
$105 / all
day c
Large BBQ Area $25 / 4 hours or $40 / all day $75 / 4 hours $82.50 / 4
hours
$52.50 / 4
hours c
$175 / all
day
$192.50 / all
day
$122.50 / all
day c
Gazebo $25 / 4 hours or $40 / all day $50 / 4 hours $55 / 4 hours $35 / 4 hours c $110 / all
day
$122 / all
day $77 / all day c
Large BBQ Area with
Gazebo $40 / 4 hours or $60 / all day $125 / 4 hours
$137.50 / 4
hours
$87.50 / 4
hours c
$285 / all
day
$314.50 / all
day
$199.50 / all
day c
Entire Park none none none
$700 / all
day
$770 / all
day
$490 / all
day n
Deposit (Entire Park) none none none $300 $300 $300 n
Heritage Park
1 Section $25 / 4 hours or $40 / all day $75 / 4 hours
$82.50 / 4
hours
$52.50 / 4
hours c
$175 / all
day
$185 / all
day
$122.50 / all
day c
2 Sections $40 / 4 hours or $60 / all day $140 / 4 hours $150 / 4
hours
$98 / 4
hours c
$280 / all
day
$290 / all
day
$203 / all
day c
1157
Entire Pavillion (4
Sections) $75 / 4 hours or $115 / all day $280 / 4 hours $290 / 4
hours
$203 / 4
hours c
$550 / all
day
$560 / all
day
$385 / all
day c
Softball Field none none none $20 / hour $25 / hour $14 / hour n Tennis Court none none none $20 / hour $25 / hour $14 / hour n Tennis Court (with lights) none none none $25 / hour $30 / hour $17.50 / hour n Basketball Court none none none $20 / hour $25 / hour $14 / hour n Basketball Court (with
lights) none none none $25 / hour $30 / hour $17.50 / hour n Disc Golf none none none $20 / hour $25 / hour $14 / hour n Pavilion & Parking Area none none none
$500 / 4
hours
$550 / 4
hours
$350 / 4
hours n
$750 / all
day
$800 / all
day
$525 / all
day n
Deposit (Entire Park) none none none $300 $300 $300 n
* c = change, n = new
City of Lemoore Park Rental Fees
Existing Proposed
Resident
NonResidentNonProfit ResidentNonResidentNonProfit * Lions Park
1 Section $35 / 4 hours or $55 / all day $50 / 4 hours
$60 / 4
hours
$35 / 4
hours c
$110 / all
day
$120 / all
day
$77 / all
day c
2 Sections (Entire Pavillion) $70 / 4 hours or $105 / all day $100 / 4 hours $110 / 4
hours
$70 / 4
hours c
$220 / all
day
$240 / all
day
$154 / all
day c
Softball Field none none none $20 / hour $25 / hour $14 / hour n Soccer Field none none none $20 / hour $20 / hour $14 / hour n Deposit (Entire Park) none none none $300 $300 $300 n
Lemoore Youth Sports
Complex
Entire Complex none none none
$1200 / all
day
$1320 / all
day
$840 / all
day n
Softball Field none none none $40 / hour $50 / hour $28 / hour n Softball Field Lights none none none $10 / hour $10 / hour $10 / hour n Soccer Field none none none $40 / hour $50 / hour $28 / hour n 1158
Soccer Field Lights none none none $10 / hour $10 / hour $10 / hour n
Concession Stand none none none
$100 / all
day
$105 / all
day
$70 / all
day
n
Deposit (Entire Park) none none none $300 $300 $300
n
Kings Lions Complex
Entire Complex none none none
$800 / all
day
$880 / all
day
$560 / all
day
n
Softball Field none none none $40 / hour $50 / hour $28 / hour n
Softball Field Lights none none none $10 / hour $10 / hour $10 / hour n
Soccer Field none none none $40 / hour $50 / hour $28 / hour n
Concession Stand none none none
$100 / all
day
$105 / all
day
$70 / all
day
n
Deposit (Entire Park) none none none $300 $300 $300
n
D Street Plaza Park
Gazebo none none none $50 / 4hours
$60 / 4
hours
$35 / 4
hoursn
Deposit none none none $75 $75 $75
n
Lemoore Arbor Plaza
Entire Arbor none none none
$100 / all
day
$105 / all
day
$70 / all
day
n
Deposit none none none $200 $200 $200
n
Miscellaneous
Alcohol Use Permit $25 $50
c
Community Event Street
Banners $27 none $50 $45 / 30 Days
$45 / 30
Days
$45 / 30
Days
c
Vendor Booths none none none $30 / 20x20 space
n
City Personnel none none none $22 / hour
n
Advertisement none none none $1,200 / annually up to 32 sqft n
$1,500 / annually up to 100 sqft
n
* c = change, n = new
1159
SPECIAL TERMS AND CONDITIONS
Application Fee to Request Reservation
A non-refundable application fee of $25 must be paid and an application completed for rental of city facilities.
Deposits and Cancellation
The full amount of the deposit must be paid to reserve a facility. If a reservation is cancelled, this amount will not be refunded. The amount of deposit, depends on the facility being rented. All deposits are refundable as long as there is not a cancellation and the facility is returned as found (no food, spills, debris).
Additional Costs
Upon review of an application, the City may determine that additional costs associated with hosting a special event, in particular, weighted personnel costs (except direct personnel costs only for Service Clubs) for Police, Fire or Public Works personnel, deposits, rental of portable restrooms, refuse services, signage and other permits, may be necessary. Stated per hour charge is for one meeting room, kitchen, conference room, court or designated space.
City of Lemoore Service Clubs
City of Lemoore Service Clubs will not be charged a facility rental fee for three (3) special events per calendar year, nor will they be charged a rental fee for their regular meetings.
City of Lemoore Non-Profit Organizations
City of Lemoore non-profit organizations will receive a thirty percent (30%) discount on rental fees for facilities as specified above. Proof of non-profit status must be shown to receive the discount. * c = change, n = new
1160
City of
LEMOORE
CALIFORNIA
711 West Cinnamon Drive Lemoore, California 93245 (559) 924-6744 Staff Report
Item No: 4-2
To: Lemoore City Council
From: Michael Kendall, Chief of Police
Date: October 17, 2022 Meeting Date: December 6, 2022
Subject: Amendment to Military Policy 709
Strategic Initiative:
☒ Safe & Vibrant Community ☐ Growing & Dynamic Economy
☐ Fiscally Sound Government ☒ Operational Excellence
☐ Community & Neighborhood Livability ☐ Not Applicable
Proposed Motion:
Approve the amendment to the Lemoore Police Department Policy 709, including the addition of an Unmanned Aircraft System (UAS) – DJI Mini 2, deemed “military equipment” pursuant to Assembly Bill 481.
Subject/Discussion:
On April 19, 2022 the Lemoore City Council adopted Lemoore Police Department Military Equipment Use Policy 709 pursuant to Assembly Bill 481. As described in AB 481 “Future acquisition of any item deemed to be “military equipment” will require a further public meeting, policy update, and City Council approval”. The Lemoore Police Department has purchased DJI Mini 2.
The DJI Mini 2 is an unmanned aerial system (UAS) that may be utilized to enhance the Lemoore Police Department’s mission of protecting lives and property when other means and resources are not available or are less effective. Unlike our current UAS, the DJI Mini 2 is a small UAS capable of flying indoors. Any use of a UAS will be in strict accordance with the constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.
1161
The policy amendment requirements were satisfied as the public hearing was noticed and the draft amended policy was posted on the city’s website more than 30 days prior to the hearing.
Financial Consideration(s):
None.
Alternatives or Pros/Cons:
Pros:
• LPD will be able to use it to protect and serve our community.
Cons:
• None.
Commission/Board Recommendation:
N/A
Staff Recommendation:
Staff recommends that City Council approves the amended Lemoore Police Department Policy section 709-Military Equipment, including the addition of an Unmanned Aircraft System (UAS) – DJI Mini 2, deemed “military equipment” pursuant to Assembly Bill 481.
Attachments: Review: Date:
☐ Resolution: ☒ Asst. City Manager 11/23/2022
☐ Ordinance: ☒ City Attorney 11/29/2022
☐ Map ☒ City Manager 11/30/2022
☐ Contract ☒ City Clerk 11/28/2022
☒ Other ☐ Finance
List: Policy 709
1162
Policy
709
Lemoore Police Department
Lemoore PD Policy Manual
Copyright Lexipol, LLC 2022/09/29, All Rights Reserved.
Published with permission by Lemoore Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
709.1 PURPOSE AND SCOPE
State
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
State MODIFIED
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
1163
Lemoore Police Department
Lemoore PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/29, All Rights Reserved.
Published with permission by Lemoore Police Department ***DRAFT*** Military Equipment - 2 709.2 POLICY
State MODIFIED
It is the policy of the Lemoore Police Department that members of this Department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
Best Practice MODIFIED
The Chief of Police should designate a member of this Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Lemoore Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the Department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
State MODIFIED
The following constitutes a list of qualifying equipment for the Department:
A. Unmanned Aircraft System (UAS). An unmanned aircraft, remotely piloted, powered vehicle, along with the associated equipment necessary to control it.
1. DJI INSPIRE 1V2, cost $1200 each, quantity: 2. UAS with a single-color camera, DGI XT 336 FLIR Thermal Sensor Camera ($6900) weighs approx. 7.5 pounds and has video recording capabilities, approx. 30 minutes of flight time. Expected life span: 3-5 years. Fiscal Impact; $1000.
1164
Lemoore Police Department
Lemoore PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/29, All Rights Reserved.
Published with permission by Lemoore Police Department ***DRAFT*** Military Equipment - 3
2. DJI Mini 2, cost $750, quantity:1. UAS with single-color camera, weighs approximately
0.5 lbs, has video recording and photographing capabilities, approximately 31 minutes of flight time on a single battery charge with optimal flight conditions. Expected life span:
2-3 years. Fiscal impact $750.
a. Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. major collision investigations.
ii. search for missing persons.
iii. natural disaster management.
iv. crime scene photography.
v. SWAT, tactical or other public safety and life preservation missions. iv. in response to specific requests from local, state or federal fire authorities for fire response and/or prevention.
b. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate any UAS.
c. Training
All department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a 40- hour department training and ongoing quarterly training. Use is established under Policy section 613.
d. Legal and Procedural Rules
Use is established under Department Policy section 613 and FAA Regulation 14CFR Part 107. It is the policy of the Lemoore Police Department to utilize the UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.
B. Mobile Command Post: A vehicle used mobile office that provides shelter, access to Department computer systems, and restroom facilities during extended events.
1. 2018, Sandstorm, toy hauler, modified to facilitate the operational control and direction of public safety units. Cost: $29,800. Expected life-span: 20 years. Fiscal Impact: $600.
a. Purpose
1165
Lemoore Police Department
Lemoore PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/29, All Rights Reserved.
Published with permission by Lemoore Police Department ***DRAFT*** Military Equipment - 4 To be used on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place. b. Authorized Use
Only Department employees trained in their deployment and operations in a manner consistent with Department Policy and training are authorized to operate the Mobile Command Post. The Mobile Command Post can be used for SWAT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events.
c. Training
The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in safe vehicle handling, the driver/operator will drive the vehicle throughout the city with an experienced driver. d. Legal and Procedural Rules
It is the policy of the Department to use the Mobile Command Post only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.
C. High mobility multipurpose wheeled vehicle (Humvee).
1. 1986, American General, Humvee, received through CalOES at no cost.
Expected lifespan: 5 years. Fiscal Impact:$600
a. Purpose
The specific use of this vehicle is for community events and engagement.
It serves no operational purposes for the enforcement of law. b. Authorized Use
Only City or authorized VIP's may operate the Humvee in a manner consistent with Department Policy. The Humvee can be used for preplanned community events.
c. Training
The driver/operator shall received training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in safe vehicle handling, the driver will drive the vehicle throughout the city with an experienced driver.
d. Legal and Procedural Rules
1166
Lemoore Police Department
Lemoore PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/29, All Rights Reserved.
Published with permission by Lemoore Police Department ***DRAFT*** Military Equipment - 5 It is the policy of the Department to use the Humvee only for preplanned community events in accordance with California State Law regarding the operation of motor vehicles.
D. Distraction Devices (Flash-Bang).
1. COMBINED TACTICAL SYSTEMS, 7290-2 Flash Bang, cost: $52, quantity 5. A non-bursting, non-fragmenting multi bang device that produces a thunderous bang with intense bright light. Ideal for distracting dangerous suspects during hostage rescue, room entry, or other high risk situations.
2. COMBINED TACTICAL SYSTEMS, 7290M Mini Flash Bang, cost: $38, quantity
25. The 7290M Mini Flash Bang exhibits all the same attributes of its lager counterpart but in a smaller and lighter package. The 7290M is approximately 30% lighter than the 7290-2 but still has the 175db output of the 7290-M and produces 6-8 million candelas of light.
a. Purpose
A distraction device used to distract dangerous suspects during hostage rescue, room entry or other high risk arrest situations. To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short term (6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
b. Authorized Use
Diversionary Devices shall only be used:
i, By officers who have been trained in their proper use. ii. In hostage and barricaded subject situations.
iii. In high risk warrant (search/arrest) services where there may be extreme hazards to officers.
iv. During other high risk situations where their use would enhance officer safety
v. During training exercises
c. Lifespan
Until Used
d. Fiscal Impact
No annual maintenance
e. Training
1167
Lemoore Police Department
Lemoore PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/29, All Rights Reserved.
Published with permission by Lemoore Police Department ***DRAFT*** Military Equipment - 6 Prior to use, officers must attend diversionary device training that is conducted by POST certified instructors.
f. Legal and Procedural
Use is established under Department Policy section 308. It is the policy of the Lemoore Police Department to utilize diversion devices only for official law enforcement purposes, pursuant to State and Federal law regarding the use of force.
E. Less Lethal Shotgun: Less Lethal Shotgun is used to deploy the less lethal 12-gauge Accusox Beanbag Round.
1. Remington 870 Less Lethal Shotgun, cost: $946, quantity: 8. The Remington 870 Shotgun is used to deploy the less lethal 12-gauge Accusox Beanbag round up to a distance of 75 feet. The range of the weapon system helps maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation.
2. 12 gauge Accusox Beanbag Round, cost $5, quantity: 455. A less lethal 2.4 inch, 12 gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of approximately 275 feet per second. Accusox rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and for grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than 5 feet. The maximum effective range of this munition is up to 75 feet from the target.
a. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
b. Authorized Use
Situations for use of the less lethal weapon system may include, but is not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Lifespan
Remington 870: 25 years
1168
Lemoore Police Department
Lemoore PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/29, All Rights Reserved.
Published with permission by Lemoore Police Department ***DRAFT*** Military Equipment - 7 Accusox Round: No listed expiration date
d. Fiscal Impact
Annual maintenance for each shotgun is approximately $50 e. Training
All officers are trained in the 12 gauge less lethal shotgun as a less lethal option by in service training.
f. Legal and Procedural Rules
Use is established under Department Policy Section 392. It is the policy of the Lemoore Police Department to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
F. Rifles: Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.
1. Bushmaster XM-15/XM-152S. Quantity: 37. Cost: $776 each. 11.5" barrel.
Overall length 32.5". Collapsible Stock. Caliber.223 REM. Semi Automatic. 30 round magazine.
2. Colt M4 Commando. Quantity: 3. Cost $985 each. 11.5" barrel length. Overall length 32.5". Collapsible stock. Caliber.223 REM. Semi Automatic. 30 round magazine.
3. Federal.223 REM, 55 grain, Metal Case, Cost $179.84 per 500, Quantity: 13100
4. Federal.223 REM 55 grain Bonded SP, Cost $257.64 per 200, Quantity: 8900 a. Purpose
To be used as precision weapons to address a threat with more a accurate and/or greater distance than a handgun, if present and feasible. b. Authorized Use
Only members that are POST certified are authorized to use a rifle. c. Lifespan
No Expiration
d. Fiscal Impact
Annual maintenance is approximately $50 per rifle.
e. Training
1169
Lemoore Police Department
Lemoore PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/29, All Rights Reserved.
Published with permission by Lemoore Police Department ***DRAFT*** Military Equipment - 8 Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally. all members that operate any rifle are required to pass a range qualification two times per year. f. Legal and Procedural Rules
Use is established under Department Policy section 312. It is the policy of the Lemoore Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
Maintenance of Military Use Supply Levels
When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without City Council approval to maintain essential availability for the Department needs. Lemoore Police Department is authorized to acquire additional stock of items listed here from other law enforcement agencies of CalOES in the event of an emergency when approved by the Chief of Police or designee.
709.5 APPROVAL
State MODIFIED
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the Department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
1170
Lemoore Police Department
Lemoore PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/29, All Rights Reserved.
Published with permission by Lemoore Police Department ***DRAFT*** Military Equipment - 9 (f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
State MODIFIED
The Lemoore Police Department participates with the Central Valley Regional SWAT Team and works closely with local, county, state, and federal partners. In exigent circumstances and/or in a pre-planned high risk event (i.e SWAT deployment, arrest warrant) and with the approval of the Chief of Police or designee, "military equipment" may be deployed from outside entities to promote the safety and security of community members. "Military equipment" used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective "military equipment" use policies in rendering mutual aid. 709.7 ANNUAL REPORT
State MODIFIED
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in Department inventory. 709.8 COMMUNITY ENGAGEMENT
State MODIFIED
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
Pursuant to California Government Code section 7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:
1. In person at the Lemoore Police Department during normal office hours 8:00AM to 5:00PM, Monday to Friday.
657 Fox St. Lemoore, CA. 93245
1171
Lemoore Police Department
Lemoore PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/29, All Rights Reserved.
Published with permission by Lemoore Police Department ***DRAFT*** Military Equipment - 10
2. Via telephone: 559-924-9574
3. Via mail sent to:
Lemoore Police Department
Attn: Military Equipment Use Coordinator
657 Fox Street
Lemoore, CA. 93245
The Lemoore Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner. 1172
City of
LEMOORE
CALIFORNIA
711 West Cinnamon Drive Lemoore, California 93245 (559) 924-6700 Fax (559) 924-6708 Staff Report
Item No: 5-1
To: Lemoore City Council
From: Marisa Avalos, City Clerk/Executive Assistant
Date: November 18, 2022 Meeting Date: December 6, 2022
Subject: Resolution 2022-43 – Declaring Fact of City Election and Statement of Election Results for November 8, 2022
Strategic Initiative:
☐ Safe & Vibrant Community ☐ Growing & Dynamic Economy
☒ Fiscally Sound Government ☐ Operational Excellence
☐ Community & Neighborhood Livability ☐ Not Applicable
Proposed Motion:
Approve Resolution 2022-43, which approves the Official Canvass and Certification of Election Results by the County Clerk for the November 8, 2022 election.
Subject/Discussion:
The Lemoore City Council approved Resolution 2022-28 in July 2022 to authorize the consolidated election with Kings County (this means the County acted on the City’s behalf to hold the City Council election).
The General Election was held on Tuesday, November 8, 2022, in accordance with the law and pursuant to Resolution 2022-28. The Election was for two (2) full term Council Member positions, Districts A and C, each with a term of four (4) years.
The results of said Election have been canvassed by the County Clerk of the County of Kings. The official canvass is the public process of processing and tallying all ballots received in an election. The two (2) candidates with the highest number of votes within Districts A and C elected for full terms of four (4) years to the City Council of the City of Lemoore are:
1173
Stuart Lyons – District A
Frank Gornick – District C
The Kings County Board of Supervisors has canvassed the election results and the official canvass has been received. The official canvass is well over 100 pages and only the pages that pertain to the City of Lemoore election are attached as Exhibit A.
Financial Consideration(s):
Not applicable.
Alternatives or Pros/Cons:
Pros:
• Approves the final election results.
Cons:
• None.
Commission/Board Recommendation:
Not Applicable.
Staff Recommendation:
Approve Resolution 2022-43 for the November 8, 2022 election canvass.
Attachments: Review: Date:
☒ Resolution: 2022-43 ☒ Asst. City Manager 11/23/2022
☐ Ordinance: ☒ City Attorney 11/29/2022
☐ Map ☒ City Clerk 11/30/2022
☐ Contract ☒ City Manager 11/28/2022
☒ Other ☐ Finance
List: Exhibit A
1174
RESOLUTION NO. 2022-43
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LEMOORE DECLARING FACT OF CITY ELECTION
AND STATEMENT OF ELECTION RESULTS FOR NOVEMBER 8, 2022
WHEREAS, the Lemoore City Council did adopt Resolution 2022-28 on July 5, 2022 requesting the Board of Supervisors of the County of Kings to permit the County Clerk to render specified services to the City of Lemoore relating to the conduct of the Municipal Election to be held in the City of Lemoore on November 8, 2022; and
WHEREAS, said General Municipal Election was held in the City of Lemoore, on Tuesday, November 8, 2022, in accordance with the law, and pursuant to Resolution 2022-28, the County Clerk of the County of Kings did canvass the returns of said General Municipal Election held on November 8, 2022, and did certify to the Lemoore City Council said canvass and statement of results dated November 29, 2022, consisting of two (2) pages, a true copy of which is attached to this Resolution marked Exhibit “A”.
WHEREAS, the conduct of said Election and the county of the votes were duly conducted as provided in the Elections Code; and
WHEREAS, said Election was for one (1) full term Council Member within Districts A and C each serving a four (4) year term; and
WHEREAS, the Lemoore City Council did meet in Council Chamber on December 6, 2022, to declare the results of said Election in accordance with the provisions of the Elections Code.
NOW, THEREFORE, BE IT RESOLVED, that the Lemoore City Council hereby finds and declares that a General Municipal Election was held on November 8, 2022 in the City of Lemoore for the Election of one (1) full term Council Member within Districts A & C and that the results of said Election have been canvassed by the County Clerk of the County of Kings and that said Canvass shows the following results:
1. The total number of ballots cast at said Election was 1,015 for District A, and 973 for District C.
2. The names of the person being voted upon for the office of Council Member were:
Full Term of Four Years
District A
Stuart Lyons
District C
Frank Gornick
1175
3. The number of votes given in the City and at each precinct to each person are fully set forth in said Canvass and Certification of Election Results.
BE IT FURTHER RESOLVED, that the Lemoore City Council hereby declares that the one (1) candidate having the highest number of votes within Districts A and C are elected to the City Council of the City of Lemoore are:
Stuart Lyons – District A 1,015
Frank Gornick – District C 973
BE IT FURTHER RESOLVED, that the City Clerk make and sign a certificate of election to each such person elected and administer the oath of office thereto.
PASSED AND ADOPTED by the City Council of the City of Lemoore at a regular meeting held on the 6th day of December 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Marisa Avalos Stuart Lyons
City Clerk Mayor
1176
1177
1178
City of
LEMOORE
CALIFORNIA
711 West Cinnamon Drive Lemoore, California 93245 (559) 924-6700 Fax (559) 924-6708 Staff Report
Item No: 5-3
To: Lemoore City Council
From: Marisa Avalos, City Clerk/Executive Assistant
Date: November 18, 2022 Meeting Date: December 6, 2022
Subject: City Council Reorganization – Election of Mayor and Mayor Pro Tem Strategic Initiative:
☐ Safe & Vibrant Community ☐ Growing & Dynamic Economy
☐ Fiscally Sound Government ☒ Operational Excellence
☐ Community & Neighborhood Livability ☐ Not Applicable
Proposed Motion:
Authorize the City Clerk to conduct the City Council reorganization with the election of Mayor and Mayor Pro Tem.
Subject/Discussion:
While Lemoore’s Municipal Code is silent on the election of the Mayor and Mayor Pro Tem, the City’s practice has been to hold an election of the Mayor and Mayor Pro Tem among the Council Members every two years. With the seating of the new City Council, it is time for the election of the Mayor and Mayor Pro Tem.
Duties of the Mayor include:
1. The Mayor presides over the Regular and Special meetings of the Council. a. Keeps the discussion focused on the issues.
b. Prevents overly dominant members from having a disproportionate influence. c. Solicits opinions, feelings, and positions from reticent members. d. Discourages finger pointing and blame-oriented statements or questions. e. Protects colleagues and staff from verbal attacks.
f. Encourages the generation of alternative solutions.
g. Protects new thought from being rejected prior to consideration. h. Delays evaluation and analysis of alternatives until all are on the table. 1179
i. Moves the meeting along and does not let the elected body drift off the subject at hand.
j. Guides the process of screening alternative and selecting a solution. k. Attempts to build consensus among members during the meetings only.
2. The Mayor also has the authority to call Special Council meetings.
3. The Mayor has the authority to cancel Regular Council meetings.
4. The Mayor has the authority to suppress disorderly conduct at meetings held in the Council Chamber with the aid of the Police Chief or a Police Officer.
5. Committee/Commission appointments by the Mayor are subject to the consensus of the Council.
6. The Mayor is required to sign all Ordinances, Resolutions and City Council minutes.
7. The Mayor signs all letters from the Council.
8. The Mayor approves and signs all Certificates.
9. The Mayor represents the City at Civic and Community functions such as:
a. The Chamber of Commerce Annual Meeting (Certificates presented for Citizen of the Year, Business of the Year, Organization of the Year) b. The Chamber Ag Dinner (Certificates presented for Agriculturalist of the Year, Agricultural Supporter of the Year)
c. Quarterly City/County Coordinating meetings
d. Possible service club meetings
e. Usually attends 5 South San Joaquin Valley Division League of California Cities meetings
f. Miscellaneous meetings where the Mayor’s presence is requested.
The Mayor Pro Tem assumes the duties of the Mayor when the Mayor is not available.
Reorganization Procedure:
The City Clerk chairs the reorganization process. The Chair shall call for nominations.
Any Council Member may nominate another Council Member or himself/herself. When there are no further nominations, the chair will close the nominations and call for a motion to approve a nominee. A Council Member may make a motion to approve any of the nominees. If the motion fails, a Council Member may make a motion to approve a different nominee. Upon a second and a majority vote of the Council, a nominee shall become the Mayor. The same process is followed for the position of Mayor Pro Tem. If there is more than one nomination, a vote will be taken in last name alphabetical order.
Financial Consideration(s):
The City Council Members receive a monthly stipend of $300. The Mayor receives a $400 monthly stipend.
Alternatives or Pros/Cons:
Pros:
• A Mayor and Mayor Pro Tem are elected every two years.
Commission/Board Recommendation:
Not applicable.
1180
Staff Recommendation:
Staff recommends the City Council initiate the process for the election of the Mayor and Mayor Pro Tem.
Attachments: Review: Date:
☐ Resolution: ☒ Asst. City Manager 11/23/2022
☐ Ordinance: ☒ City Attorney 11/29/2022
☐ Map ☒ City Clerk 11/30/2022
☐ Contract ☒ City Manger 11/28/2022
☐ Other ☐ Finance
List:
1181
City of
LEMOORE
CALIFORNIA
711 West Cinnamon Drive Lemoore, California 93245 (559) 924-6744 Staff Report
To: Lemoore City Council
From: Marisa Avalos, City Clerk
Date: November 23, 2022 Meeting Date: December 6, 2022
Subject: Activity Update
Strategic
Initiative:
☐ Safe & Vibrant Community
☒ Fiscally Sound Government
☐ Community & Neighborhood
L Livability
☐ Growing & Dynamic Economy
☐ Operational Excellence
☐ Not Applicable
Reports
Warrant Register – FY 22/23 November 10, 2022
Warrant Register – FY 22/23 November 23, 2022
1182
PEI PAGE NUMBER: 1
DATE: 11/14/2022 CITY OF LEMOORE AUDIT11
TIME: 11:49:17 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.yr='23' and transact.period='5' and transact.fund between '001' and '300' and transact.batch='MJ111022' ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4216 - PLANNING
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4310 PROFESSIONAL CONTRACT SVC
5 /23 11/14/22 21 11814 -01 15777 0876 QUAD KNOPF, INC. 5,000.00 -5,000.00 AGOL ANUAL SERVICES HOSTI TOTAL PROFESSIONAL CONTRACT SVC .00 5,000.00 -5,000.00
TOTAL PLANNING .00 5,000.00 -5,000.00
RUN DATE 11/14/2022 TIME 11:49:17 PEI - FUND ACCOUNTING Warrant Register 11-10-2022
1183
PEI PAGE NUMBER: 2
DATE: 11/14/2022 CITY OF LEMOORE AUDIT11
TIME: 11:49:17 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.yr='23' and transact.period='5' and transact.fund between '001' and '300' and transact.batch='MJ111022' ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4220 - MAINTENANCE DIVISION
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4220 OPERATING SUPPLIES
5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 3.93 .00 BRS CMP SLEEVE 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 6.26 .00 NUTS & BOLTS 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 12.85 .00 HD STAPLE 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 20.43 .00 BLK VELCRO STRIP 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 21.35 .00 KEY RING 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 21.40 .00 LOCK KEYBLANK 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 34.23 .00 LOCK KEYBLANK 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 39.66 .00 BLK OX BIT 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 41.81 .00 LOBBY DUST PAN 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 49.75 .00 LOCK KEYBLANK 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 53.58 .00 SPRAYER BOTTLE 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 55.75 .00 DURA C ALK BATTERY 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 55.75 .00 DURA ALK BATTERY 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 58.26 .00 OSCK EXTENSION 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 58.93 .00 RED DUCT TAPE 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 65.39 .00 STEMMNT LGT CONTROL 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 65.77 .00 SPRAY PAINT 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 72.84 .00 SAND SHEET 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 86.83 .00 SW REL BULD 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 94.82 .00 ICE MAKER KIT W/POLY 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 96.07 .00 SCHLAG LOCK KEYBLANK 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 101.06 .00 NUTS & BOLTS 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 103.80 .00 NUTS & BOLTS 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 151.64 .00 WHT PRIMER SPRAY 5 /23 11/14/22 21 15783 6613 THE SHERWIN WILL 274.29 .00 SSTRIPE FMP WHITE 5 /23 11/14/22 21 15774 5941 OMEGA INDUSTRIAL 283.67 .00 JELL STRIP 5 /23 11/14/22 21 15783 6613 THE SHERWIN WILL 365.72 .00 SSTRIPE FMP WHITE 5 /23 11/14/22 21 15792 0428 STONEY'S SAND & 391.76 .00 RED DYE BARK 5 /23 11/14/22 21 11610 -01 15796 1547 VERITIV OPERATIN 696.44 -696.44 MISC SUPPLIES TOTAL OPERATING SUPPLIES .00 3,384.04 -696.44
4310 PROFESSIONAL CONTRACT SVC
5 /23 11/14/22 21 15781 5287 RES COM PEST CON 41.00 .00 FY23 PEST CONTROL 411 5 /23 11/14/22 21 15781 5287 RES COM PEST CON 45.00 .00 FY23 PEST CONTROL 657 5 /23 11/14/22 21 15734 1259 ADVANCED PEST CO 50.00 .00 FY23 PEST CONTROL 711 5 /23 11/14/22 21 15734 1259 ADVANCED PEST CO 85.00 .00 FY23 PEST CONTROL 711 5 /23 11/14/22 21 15734 1259 ADVANCED PEST CO 85.00 .00 FY23 PEST CONTROL 41 5 /23 11/14/22 21 15734 1259 ADVANCED PEST CO 95.00 .00 FY23 PEST CONTROL 435 5 /23 11/14/22 21 15734 1259 ADVANCED PEST CO 120.00 .00 FY23 PEST CONTROL 210 5 /23 11/14/22 21 15734 1259 ADVANCED PEST CO 160.00 .00 FY23 PEST CONTROL 657 5 /23 11/14/22 21 15734 1259 ADVANCED PEST CO 175.00 .00 FY23 PEST CONTROL 721 TOTAL PROFESSIONAL CONTRACT SVC .00 856.00 .00
4340 UTILITIES
5 /23 11/14/22 21 15787 0423 SOCALGAS 3.91 .00 09/19/2022-10/18/2022 5 /23 11/14/22 21 15784 0423 SOCALGAS 20.59 .00 09/18/2022-10/18/2022 RUN DATE 11/14/2022 TIME 11:49:17 PEI - FUND ACCOUNTING 1184
PEI PAGE NUMBER: 3
DATE: 11/14/2022 CITY OF LEMOORE AUDIT11
TIME: 11:49:17 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.yr='23' and transact.period='5' and transact.fund between '001' and '300' and transact.batch='MJ111022' ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4220 - MAINTENANCE DIVISION
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4340 UTILITIES (cont'd)
5 /23 11/14/22 21 15789 0423 SOCALGAS 37.48 .00 09/21/2022/10/20/2022 5 /23 11/14/22 21 15786 0423 SOCALGAS 37.74 .00 09/19/2022-10/18/2022 5 /23 11/14/22 21 15788 0423 SOCALGAS 125.62 .00 09/19/2022-10/18/2022 5 /23 11/14/22 21 15790 0423 SOCALGAS 247.96 .00 09/21/2022-10/20/2022 TOTAL UTILITIES .00 473.30 .00
4350 REPAIR/MAINT SERVICES
5 /23 11/14/22 21 11827 -01 15736 7320 AMERICAN MOBILE 1,800.00 -1,800.00 REC KITCHEN CLEAN TOTAL REPAIR/MAINT SERVICES .00 1,800.00 -1,800.00
TOTAL MAINTENANCE DIVISION .00 6,513.34 -2,496.44
RUN DATE 11/14/2022 TIME 11:49:17 PEI - FUND ACCOUNTING 1185
PEI PAGE NUMBER: 4
DATE: 11/14/2022 CITY OF LEMOORE AUDIT11
TIME: 11:49:17 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.yr='23' and transact.period='5' and transact.fund between '001' and '300' and transact.batch='MJ111022' ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4221 - POLICE
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4220 OPERATING SUPPLIES
5 /23 11/14/22 21 15778 0381 QUILL CORP. 123.22 .00 HP 952XL/952 HYBLK/ST TOTAL OPERATING SUPPLIES .00 123.22 .00
4310 PROFESSIONAL CONTRACT SVC
5 /23 11/14/22 21 15737 7164 AT&T 70.00 .00 LEA TRACKING L2203887 5 /23 11/14/22 21 15776 2709 PVP COMMUNICATIO 145.00 .00 RECERTIFICATION OF RA 5 /23 11/14/22 21 11806 -01 15762 1250 KINGS CO. SHERIF 44,985.44 -44,985.44 KINGS COUNTY ANIMAL SERVI 5 /23 11/14/22 21 11835 -01 15776 2709 PVP COMMUNICATIO 233.10 -233.10 REPAIR LIDAR 13305 5 /23 11/14/22 21 11835 -02 15776 2709 PVP COMMUNICATIO 503.20 -503.20 REPAIR LIDAR 13307 5 /23 11/14/22 21 11835 -03 15776 2709 PVP COMMUNICATIO 60.00 -60.00 FREIGHT TOTAL PROFESSIONAL CONTRACT SVC .00 45,996.74 -45,781.74 4340 UTILITIES
5 /23 11/14/22 21 15750 6685 DIRECTV 131.74 .00 11/04/2022-12/03/2022 TOTAL UTILITIES .00 131.74 .00
4360 TRAINING
5 /23 11/10/22 21 15733 7223 ZACHARY ROGERS-J 247.00 .00 ICI-SEXUAL ASSAULT 5 /23 11/14/22 21 15769 6089 JONATHAN MORITZ 42.00 .00 INTERNAL AFFAIRS INVE 5 /23 11/14/22 21 15760 T2575 KAYLA KRUG 70.00 .00 FIELD TRAINING OFFICE 5 /23 11/14/22 21 15758 2688 JOHN HENDERSON 202.00 .00 CNOA TRAINING TOTAL TRAINING .00 561.00 .00
4380 RENTALS & LEASES
5 /23 11/14/22 21 11615 -01 15794 5842 U.S. BANK EQUIPM 729.35 -729.35 COPIER LEASE CONTRACT 202 TOTAL RENTALS & LEASES .00 729.35 -729.35
TOTAL POLICE .00 47,542.05 -46,511.09
RUN DATE 11/14/2022 TIME 11:49:17 PEI - FUND ACCOUNTING 1186
PEI PAGE NUMBER: 5
DATE: 11/14/2022 CITY OF LEMOORE AUDIT11
TIME: 11:49:17 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.yr='23' and transact.period='5' and transact.fund between '001' and '300' and transact.batch='MJ111022' ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4222 - FIRE
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4220 OPERATING SUPPLIES
5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 23.66 .00 ARM & HAMMER 5 /23 11/14/22 21 15766 0313 LEMOORE VOLUNTEE 917.64 .00 TUESDAY TRAININGS TOTAL OPERATING SUPPLIES .00 941.30 .00
4230 REPAIR/MAINT SUPPLIES
5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 9.11 .00 GAS LINE 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 18.87 .00 WHT SXS COUPLING 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 20.36 .00 BRS PIPE PLUG 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 21.43 .00 GALV PLUG 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 22.51 .00 BULD 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 30.32 .00 CLEANER/DEGREASER 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 37.43 .00 QUICK SNAP CONNECTORS 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 129.01 .00 CARABINEER KEY RING TOTAL REPAIR/MAINT SUPPLIES .00 289.04 .00
4310 PROFESSIONAL CONTRACT SVC
5 /23 11/14/22 21 11559 -01 15743 2787 CITY OF VISALIA 3,010.75 -3,010.75 HAZ-MAT COST SHARE FEE TOTAL PROFESSIONAL CONTRACT SVC .00 3,010.75 -3,010.75
4340 UTILITIES
5 /23 11/14/22 21 15738 5048 AT&T MOBILITY 295.46 .00 10/03/2022-11/02/2022 TOTAL UTILITIES .00 295.46 .00
4365 WEED ABATEMENT
5 /23 11/14/22 21 11798 -01 15753 5758 MARK FERNANDES 450.00 -450.00 1 234 G ST 5 /23 11/14/22 21 11798 -02 15753 5758 MARK FERNANDES 1,600.00 -1,600.00 1: UNION PACIFIC RAILROAD 5 /23 11/14/22 21 11798 -03 15753 5758 MARK FERNANDES 1,600.00 -1,600.00 1: UNION PACIFIC RAILROAD 5 /23 11/14/22 21 11798 -04 15753 5758 MARK FERNANDES 1,600.00 -1,600.00 1: UNION PACIFIC RAILROAD 5 /23 11/14/22 21 11798 -05 15753 5758 MARK FERNANDES 1,600.00 -1,600.00 1: UNION PACIFIC RAILROAD 5 /23 11/14/22 21 11798 -06 15753 5758 MARK FERNANDES 1,600.00 -1,600.00 1: UNION PACIFIC RAILROAD 5 /23 11/14/22 21 11798 -07 15753 5758 MARK FERNANDES 1,600.00 -1,600.00 1: UNION PACIFIC RAILROAD 5 /23 11/14/22 21 11798 -08 15753 5758 MARK FERNANDES 1,600.00 -1,600.00 1: UNION PACIFIC RAILROAD 5 /23 11/14/22 21 11798 -09 15753 5758 MARK FERNANDES 1,600.00 -1,600.00 1: UNION PACIFIC RAILROAD 5 /23 11/14/22 21 11798 -10 15753 5758 MARK FERNANDES 1,600.00 -1,600.00 1: UNION PACIFIC RAILROAD 5 /23 11/14/22 21 11798 -11 15753 5758 MARK FERNANDES 1,600.00 -1,600.00 1: UNION PACIFIC RAILROAD 5 /23 11/14/22 21 11798 -12 15753 5758 MARK FERNANDES 1,600.00 -1,600.00 1: RR PROPERTY WEST OF 19 5 /23 11/14/22 21 11798 -13 15753 5758 MARK FERNANDES 1,600.00 -1,600.00 1: RR PROP 1200FT EAST OF TOTAL WEED ABATEMENT .00 19,650.00 -19,650.00
TOTAL FIRE .00 24,186.55 -22,660.75
RUN DATE 11/14/2022 TIME 11:49:17 PEI - FUND ACCOUNTING 1187
PEI PAGE NUMBER: 6
DATE: 11/14/2022 CITY OF LEMOORE AUDIT11
TIME: 11:49:17 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.yr='23' and transact.period='5' and transact.fund between '001' and '300' and transact.batch='MJ111022' ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4224 - BUILDING INSPECTION
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4310 PROFESSIONAL CONTRACT SVC
5 /23 11/14/22 21 11559 -02 15743 2787 CITY OF VISALIA 312.12 -312.12 CHANGE ORDER - ADDITION M TOTAL PROFESSIONAL CONTRACT SVC .00 312.12 -312.12
TOTAL BUILDING INSPECTION .00 312.12 -312.12
RUN DATE 11/14/2022 TIME 11:49:17 PEI - FUND ACCOUNTING 1188
PEI PAGE NUMBER: 7
DATE: 11/14/2022 CITY OF LEMOORE AUDIT11
TIME: 11:49:17 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.yr='23' and transact.period='5' and transact.fund between '001' and '300' and transact.batch='MJ111022' ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4231 - STREETS
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4220 OPERATING SUPPLIES
5 /23 11/14/22 21 15768 5333 MEDALLION SUPPLY 333.27 .00 DPST 40A 125V TIME SW 5 /23 11/14/22 21 15768 5333 MEDALLION SUPPLY 401.01 .00 26W LMP TOTAL OPERATING SUPPLIES .00 734.28 .00
4350 REPAIR/MAINT SERVICES
5 /23 11/14/22 21 15780 0388 REED ELECTRIC, L 172.66 .00 LIONS PARK BOOSTER PU 5 /23 11/14/22 21 11813 -01 15780 0388 REED ELECTRIC, L 1,595.39 -1,595.39 FIXED STREET LIGHT AT THE TOTAL REPAIR/MAINT SERVICES .00 1,768.05 -1,595.39
TOTAL STREETS .00 2,502.33 -1,595.39
RUN DATE 11/14/2022 TIME 11:49:17 PEI - FUND ACCOUNTING 1189
PEI PAGE NUMBER: 8
DATE: 11/14/2022 CITY OF LEMOORE AUDIT11
TIME: 11:49:17 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.yr='23' and transact.period='5' and transact.fund between '001' and '300' and transact.batch='MJ111022' ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4242 - RECREATION
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4220 OPERATING SUPPLIES
5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 5.35 .00 LETT STENCIL SET 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 8.57 .00 BLK PAINT 5 /23 11/14/22 21 15752 5866 FASTENAL COMPANY 98.61 .00 INVERTED STRIPE WAND TOTAL OPERATING SUPPLIES .00 112.53 .00
4310 PROFESSIONAL CONTRACT SVC
5 /23 11/14/22 21 15735 7361 ALMA MILLAN 329.00 .00 CHEERLEADING SEPT. 22 TOTAL PROFESSIONAL CONTRACT SVC .00 329.00 .00
TOTAL RECREATION .00 441.53 .00
RUN DATE 11/14/2022 TIME 11:49:17 PEI - FUND ACCOUNTING 1190
PEI PAGE NUMBER: 9
DATE: 11/14/2022 CITY OF LEMOORE AUDIT11
TIME: 11:49:17 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.yr='23' and transact.period='5' and transact.fund between '001' and '300' and transact.batch='MJ111022' ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4296 - INFORMATION TECHNOLOGY
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4220 OPERATING SUPPLIES
5 /23 11/14/22 21 15745 7265 COMPUTER SYSTEMS 400.00 .00 CSP SYNCED FOLDER TOTAL OPERATING SUPPLIES .00 400.00 .00
4340 UTILITIES
5 /23 11/14/22 21 15739 5516 AT&T 103.59 .00 939-103-4007 TOTAL UTILITIES .00 103.59 .00
TOTAL INFORMATION TECHNOLOGY .00 503.59 .00
RUN DATE 11/14/2022 TIME 11:49:17 PEI - FUND ACCOUNTING 1191
PEI PAGE NUMBER: 10
DATE: 11/14/2022 CITY OF LEMOORE AUDIT11
TIME: 11:49:17 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.yr='23' and transact.period='5' and transact.fund between '001' and '300' and transact.batch='MJ111022' ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4297 - HUMAN RESOURCES
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4310 PROFESSIONAL CONTRACT SVC
5 /23 11/14/22 21 11805 -01 15771 7227 NATION AND BADIL 2,757.00 -2,757.00 ADMIN INVESTIGATION 5 /23 11/14/22 21 11805 -01 NB 462 2022 7227 NATION AND BADIL .00 .00 ADMIN INVESTIGATION 5 /23 11/14/22 21 11805 -02 15771 7227 NATION AND BADIL 2,183.00 -2,183.00 ADMIN INVESTIGATION TOTAL PROFESSIONAL CONTRACT SVC .00 4,940.00 -4,940.00
TOTAL HUMAN RESOURCES .00 4,940.00 -4,940.00
TOTAL GENERAL FUND .00 91,941.51 -83,515.79
RUN DATE 11/14/2022 TIME 11:49:17 PEI - FUND ACCOUNTING 1192
PEI PAGE NUMBER: 11
DATE: 11/14/2022 CITY OF LEMOORE AUDIT11
TIME: 11:49:17 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.yr='23' and transact.period='5' and transact.fund between '001' and '300' and transact.batch='MJ111022' ACCOUNTING PERIOD: 5/23
FUND - 040 - FLEET MAINTENANCE
BUDGET UNIT - 4265 - FLEET MAINTENANCE
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4220 OPERATING SUPPLIES
5 /23 11/14/22 21 15749 6966 ABSOLUTE PROFESS 37.12 .00 VIPER CREEPER CASTER TOTAL OPERATING SUPPLIES .00 37.12 .00
4230 REPAIR/MAINT SUPPLIES
5 /23 11/14/22 21 15773 6120 O'REILLY AUTO PA -16.09 .00 CORE RETURN 5 /23 11/14/22 21 15756 0799 GOLDEN STATE PET 112.20 .00 MOUNT 5 /23 11/14/22 21 15756 0799 GOLDEN STATE PET 116.47 .00 MOUNT 5 /23 11/14/22 21 15761 2671 KELLER MOTORS 146.86 .00 N-MIRROR 5 /23 11/14/22 21 15773 6120 O'REILLY AUTO PA 157.08 .00 CABLE CHAINS 5 /23 11/14/22 21 15740 1908 BATTERY SYSTEMS, 314.91 .00 BATTERY 5 /23 11/14/22 21 15740 1908 BATTERY SYSTEMS, 314.91 .00 BATTERY 5 /23 11/14/22 21 15773 6120 O'REILLY AUTO PA 431.04 .00 NEW MSTR CYL/PWR BRK 5 /23 11/14/22 21 15740 1908 BATTERY SYSTEMS, 432.44 .00 BATTERY 5 /23 11/14/22 21 11824 -01 15770 7236 N & S TRACTOR 942.35 -942.35 FILTERS FOR STOCK TOTAL REPAIR/MAINT SUPPLIES .00 2,952.17 -942.35
4350 REPAIR/MAINT SERVICES
5 /23 11/14/22 21 15775 7220 PLAIN INSANE GRA 118.99 .00 CUSTOM PRINTED DECAL 5 /23 11/14/22 21 11721 -01 15741 4085 BETTS TRUCK PART 16,214.91 -16,214.91 SUSPENSION REPAIRS TO UNI 5 /23 11/14/22 21 11721 -02 15741 4085 BETTS TRUCK PART 2,282.95 -2,282.95 CHANGE ORDER - ADD MORE M 5 /23 11/14/22 21 11763 -01 15779 6323 QUINN COMPANY 5,004.00 -5,004.00 MAJOR CYLINDER REPAIR FOR 5 /23 11/14/22 21 11763 -02 15779 6323 QUINN COMPANY 64.33 -64.33 CHANGE ORDER 1 - ADD MONE 5 /23 11/14/22 21 11792 -01 15795 0458 KELLER FORD LINC 999.51 -999.51 BODY CONTROL MODULE REPLA 5 /23 11/14/22 21 11822 -01 15747 5289 CUMMINS SALES AN 897.40 -897.40 RESET DPF PARAMETERS 5 /23 11/14/22 21 11823 -01 15782 6251 SEQUOIA EQUIPMEN 784.00 -784.00 DIAG CEL ON UNIT 862 5 /23 11/14/22 21 11831 -01 15746 6374 COOK'S COMMUNICA 604.46 -604.46 LIGHT BAR REPAIR FOR UNIT TOTAL REPAIR/MAINT SERVICES .00 26,970.55 -26,851.56
TOTAL FLEET MAINTENANCE .00 29,959.84 -27,793.91
TOTAL FLEET MAINTENANCE .00 29,959.84 -27,793.91
RUN DATE 11/14/2022 TIME 11:49:17 PEI - FUND ACCOUNTING 1193
PEI PAGE NUMBER: 12
DATE: 11/14/2022 CITY OF LEMOORE AUDIT11
TIME: 11:49:17 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.yr='23' and transact.period='5' and transact.fund between '001' and '300' and transact.batch='MJ111022' ACCOUNTING PERIOD: 5/23
FUND - 050 - WATER
BUDGET UNIT - 4250 - WATER
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4310 PROFESSIONAL CONTRACT SVC
5 /23 11/14/22 21 15767 4051 MATSON ALARM CO. 46.50 .00 11/01/2022-11/30/2022 5 /23 11/14/22 21 15785 0423 SOCALGAS 130.54 .00 09/21/2022-10/20/2022 5 /23 11/14/22 21 15744 7058 COMCAST 199.30 .00 10/25/2022-11/24/2022 TOTAL PROFESSIONAL CONTRACT SVC .00 376.34 .00
4320 MEETINGS & DUES
5 /23 11/14/22 21 11811 -01 15791 3040 SWRCB 4,532.50 -4,532.50 RECYCLED WATER PERMIT TOTAL MEETINGS & DUES .00 4,532.50 -4,532.50
4350 REPAIR/MAINT SERVICES
5 /23 11/14/22 21 11807 -01 15793 2799 TELSTAR INSTRUME 3,028.00 -3,028.00 WELL 4 BREAKER REPAIR 5 /23 11/14/22 21 11807 -01 15793 2799 TELSTAR INSTRUME 2,880.00 -2,880.00 WELL 4 BREAKER REPAIR 5 /23 11/14/22 21 11808 -01 15793 2799 TELSTAR INSTRUME 7,336.66 -7,336.66 WELL 7 REPAIR TOTAL REPAIR/MAINT SERVICES .00 13,244.66 -13,244.66
TOTAL WATER .00 18,153.50 -17,777.16
TOTAL WATER .00 18,153.50 -17,777.16
RUN DATE 11/14/2022 TIME 11:49:17 PEI - FUND ACCOUNTING 1194
PEI PAGE NUMBER: 13
DATE: 11/14/2022 CITY OF LEMOORE AUDIT11
TIME: 11:49:17 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.yr='23' and transact.period='5' and transact.fund between '001' and '300' and transact.batch='MJ111022' ACCOUNTING PERIOD: 5/23
FUND - 052 - WATER INCIDENT FUND
BUDGET UNIT - 4752 - WATER INCIDENT
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4380 RENTALS & LEASES
5 /23 11/14/22 21 11825 -01 15748 7259 CUSTOM TRUCK ONE 3,732.30 -3,732.30 BUCKET TRUCK RENTAL TOTAL RENTALS & LEASES .00 3,732.30 -3,732.30
TOTAL WATER INCIDENT .00 3,732.30 -3,732.30
TOTAL WATER INCIDENT FUND .00 3,732.30 -3,732.30
RUN DATE 11/14/2022 TIME 11:49:17 PEI - FUND ACCOUNTING 1195
PEI PAGE NUMBER: 14
DATE: 11/14/2022 CITY OF LEMOORE AUDIT11
TIME: 11:49:17 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.yr='23' and transact.period='5' and transact.fund between '001' and '300' and transact.batch='MJ111022' ACCOUNTING PERIOD: 5/23
FUND - 056 - REFUSE
BUDGET UNIT - 4256 - REFUSE
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4230 REPAIR/MAINT SUPPLIES
5 /23 11/14/22 21 15754 7339 FURTADO WELDING 202.55 .00 75/25 AR/CO2 300CF TOTAL REPAIR/MAINT SUPPLIES .00 202.55 .00
TOTAL REFUSE .00 202.55 .00
TOTAL REFUSE .00 202.55 .00
RUN DATE 11/14/2022 TIME 11:49:17 PEI - FUND ACCOUNTING 1196
PEI PAGE NUMBER: 15
DATE: 11/14/2022 CITY OF LEMOORE AUDIT11
TIME: 11:49:17 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.yr='23' and transact.period='5' and transact.fund between '001' and '300' and transact.batch='MJ111022' ACCOUNTING PERIOD: 5/23
FUND - 060 - SEWER& STORM WTR DRAINAGE
BUDGET UNIT - 4260 - SEWER
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4220 OPERATING SUPPLIES
5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 4.45 .00 FASTNER PK 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 16.08 .00 RAID FOGGER 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 17.14 .00 BULD 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 20.37 .00 HOME DEF KILLER 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 26.24 .00 WD HANDLE 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 30.01 .00 NON-CONTACT VOLT TEST 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 30.02 .00 BLU TRIM CORD 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 31.08 .00 COBWEB DUSTER 5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 67.84 .00 POWERLOCK TAPE 5 /23 11/14/22 21 15755 2410 GAR BENNETT, LLC 90.87 .00 6 PVC MALE ADAPTER 5 /23 11/14/22 21 15755 2410 GAR BENNETT, LLC 148.12 .00 6" PIPE,PVC,SCH 40 5 /23 11/14/22 21 15755 2410 GAR BENNETT, LLC 148.12 .00 6"PIPE,PVC,SCH 40,IPS 5 /23 11/14/22 21 11585 -01 15757 0205 HELENA AGRI-ENT. 643.50 -643.50 WEED ABATEMENT CHEMICALS TOTAL OPERATING SUPPLIES .00 1,273.84 -643.50
4230 REPAIR/MAINT SUPPLIES
5 /23 11/14/22 21 15765 0304 LEMOORE HARDWARE 4.50 .00 N UTS & BOLTS 5 /23 11/14/22 21 11828 -01 15759 0242 JORGENSEN COMPAN 1,670.00 -1,670.00 2: MULTI GAS DETECTOR FOR 5 /23 11/14/22 21 11828 -02 15759 0242 JORGENSEN COMPAN 121.08 -121.08 TAX TOTAL REPAIR/MAINT SUPPLIES .00 1,795.58 -1,791.08
TOTAL SEWER .00 3,069.42 -2,434.58
TOTAL SEWER& STORM WTR DRAINAGE .00 3,069.42 -2,434.58
RUN DATE 11/14/2022 TIME 11:49:17 PEI - FUND ACCOUNTING 1197
PEI PAGE NUMBER: 16
DATE: 11/14/2022 CITY OF LEMOORE AUDIT11
TIME: 11:49:17 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.yr='23' and transact.period='5' and transact.fund between '001' and '300' and transact.batch='MJ111022' ACCOUNTING PERIOD: 5/23
FUND - 085 - PBIA
BUDGET UNIT - 4270 - PBIA
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4340 UTILITIES
5 /23 11/14/22 21 15742 2320 CITY OF LEMOORE 56.36 .00 09/01/2022-10/03/2022 TOTAL UTILITIES .00 56.36 .00
TOTAL PBIA .00 56.36 .00
TOTAL PBIA .00 56.36 .00
RUN DATE 11/14/2022 TIME 11:49:17 PEI - FUND ACCOUNTING 1198
PEI PAGE NUMBER: 17
DATE: 11/14/2022 CITY OF LEMOORE AUDIT11
TIME: 11:49:17 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.yr='23' and transact.period='5' and transact.fund between '001' and '300' and transact.batch='MJ111022' ACCOUNTING PERIOD: 5/23
FUND - 208A - LLMD ZONE 8 COUNTRY CLUB
BUDGET UNIT - 4858A - LLMD ZONE 8 COUNTRY CLUB
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4310 PROFESSIONAL CONTRACT SVC
5 /23 11/14/22 21 11810 -01 15797 7238 WESTSCAPES 489.46 -489.46 LLMD 8A-RESEED TOTAL PROFESSIONAL CONTRACT SVC .00 489.46 -489.46
TOTAL LLMD ZONE 8 COUNTRY CLUB .00 489.46 -489.46
TOTAL LLMD ZONE 8 COUNTRY CLUB .00 489.46 -489.46
RUN DATE 11/14/2022 TIME 11:49:17 PEI - FUND ACCOUNTING 1199
PEI PAGE NUMBER: 18
DATE: 11/14/2022 CITY OF LEMOORE AUDIT11
TIME: 11:49:17 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.yr='23' and transact.period='5' and transact.fund between '001' and '300' and transact.batch='MJ111022' ACCOUNTING PERIOD: 5/23
FUND - 252 - PFMD ZONE 2
BUDGET UNIT - 4872 - PFMD ZONE 2
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4310 PROFESSIONAL CONTRACT SVC
5 /23 11/14/22 21 11809 -01 15797 7238 WESTSCAPES 1,181.59 -1,181.59 PFMD 2 RESEED TOTAL PROFESSIONAL CONTRACT SVC .00 1,181.59 -1,181.59
TOTAL PFMD ZONE 2 .00 1,181.59 -1,181.59
TOTAL PFMD ZONE 2 .00 1,181.59 -1,181.59
TOTAL REPORT .00 148,786.53 -136,924.79
RUN DATE 11/14/2022 TIME 11:49:17 PEI - FUND ACCOUNTING 1200
PEI PAGE NUMBER: 1
DATE: 11/14/2022 CITY OF LEMOORE AUDIT311
TIME: 11:55:54 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: account.acct between '2000' and '2999'AND transact.yr='23' and transact.period='5' and transact.batch='MJ111022' ACCOUNTING PERIOD: 5/23
FUND - 120 - FACILITIES RENTAL FUND
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2020 ACCOUNTS PAYABLE
5 /23 11/14/22 21 15772 T3268 NICOLAS HANSEN 250.00 REFUBD VETS HALL DEP 5 /23 11/14/22 21 15751 T3267 ESTHER MENDOZA 250.00 REFUND VETS HALL TOTAL ACCOUNTS PAYABLE .00 500.00
2300 CUSTOMER DEPOSITS
5 /23 11/14/22 21 15772 T3268 NICOLAS HANSEN 250.00 REFUBD VETS HALL DEP 5 /23 11/14/22 21 15751 T3267 ESTHER MENDOZA 250.00 REFUND VETS HALL TOTAL CUSTOMER DEPOSITS 500.00 .00
TOTAL FACILITIES RENTAL FUND 500.00 500.00
TOTAL REPORT 500.00 500.00
1201
PEI PAGE NUMBER: 1
DATE: 11/14/2022 CITY OF LEMOORE AUDIT31
TIME: 11:51:34 REVENUE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.yr='23' and transact.period='5' and transact.account between '3000' and '3999' and transact.batch='MJ11 ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 001 - GENERAL FUND
ACCOUNT DATE T/C RECEIVE REFERENCE PAYER/VENDOR BUDGET RECEIPTS RECEIVABLES DESCRIPTION 3625 CIVIC AUDITORIUM RENTAL
5 /23 11/14/22 210 15772 T3268 NICOLAS HANSEN -290.00 VETS HALL REFUND TOTAL CIVIC AUDITORIUM RENTAL .00 -290.00 .00
3880 MISCELLANEOUS
5 /23 11/14/22 210 15772 T3268 NICOLAS HANSEN 100.00 VETS HALL CANCEL TOTAL MISCELLANEOUS .00 100.00 .00
TOTAL GENERAL FUND .00 -190.00 .00
TOTAL GENERAL FUND .00 -190.00 .00
TOTAL REPORT .00 -190.00 .00
RUN DATE 11/14/2022 TIME 11:51:34 PEI - FUND ACCOUNTING 1202
PEI PAGE NUMBER: 1
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4211 - CITY COUNCIL
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4980 LEGAL EXPENSE
5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LL 495.59 .00 SEPT LEGAL SVCS 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LL 2,041.18 .00 SEPT LEGAL SVCS TOTAL LEGAL EXPENSE .00 2,536.77 .00
TOTAL CITY COUNCIL .00 2,536.77 .00
RUN DATE 11/23/2022 TIME 14:36:15 PEI - FUND ACCOUNTING Warrant Register 11-23-2022
1203
PEI PAGE NUMBER: 2
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4213 - CITY MANAGER
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4320 MEETINGS & DUES
5 /23 11/23/22 21 11841 -01 15872 7365 TEAM CALIFORNIA 2,500.00 -2,500.00 ANNUAL MEMBERSHIP FEE TOTAL MEETINGS & DUES .00 2,500.00 -2,500.00
4340 UTILITIES
5 /23 11/23/22 21 15839 T1356 NATHAN OLSON 79.56 .00 N.OLSON CELL OCT 22 TOTAL UTILITIES .00 79.56 .00
4980 LEGAL EXPENSE
5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LL 39.00 .00 SEPT LEGAL SVCS 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LL 754.18 .00 SEPT LEGAL SVCS TOTAL LEGAL EXPENSE .00 793.18 .00
TOTAL CITY MANAGER .00 3,372.74 -2,500.00
RUN DATE 11/23/2022 TIME 14:36:15 PEI - FUND ACCOUNTING 1204
PEI PAGE NUMBER: 3
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4214 - CITY CLERK'S OFFICE
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4980 LEGAL EXPENSE
5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LL 78.00 .00 SEPT LEGAL SVCS TOTAL LEGAL EXPENSE .00 78.00 .00
TOTAL CITY CLERK'S OFFICE .00 78.00 .00
RUN DATE 11/23/2022 TIME 14:36:15 PEI - FUND ACCOUNTING 1205
PEI PAGE NUMBER: 4
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4215 - FINANCE
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4340 UTILITIES
5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 93.29 .00 287305196021 NOV 22 TOTAL UTILITIES .00 93.29 .00
4980 LEGAL EXPENSE
5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LL 585.00 .00 SEPT LEGAL SVCS TOTAL LEGAL EXPENSE .00 585.00 .00
TOTAL FINANCE .00 678.29 .00
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1206
PEI PAGE NUMBER: 5
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4216 - PLANNING
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4310 PROFESSIONAL CONTRACT SVC
5 /23 11/23/22 21 11602 -01 15862 0876 QUAD KNOPF, INC. 564.66 -564.66 TECHNICAL PLANNING SERVIC 5 /23 11/23/22 21 11602 -01 15862 0876 QUAD KNOPF, INC. 596.25 -596.25 TECHNICAL PLANNING SERVIC 5 /23 11/23/22 21 11602 -01 15862 0876 QUAD KNOPF, INC. 2,215.17 -2,215.17 TECHNICAL PLANNING SERVIC TOTAL PROFESSIONAL CONTRACT SVC .00 3,376.08 -3,376.08
4980 LEGAL EXPENSE
5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LL 2,812.60 .00 SEPT LEGAL SVCS TOTAL LEGAL EXPENSE .00 2,812.60 .00
TOTAL PLANNING .00 6,188.68 -3,376.08
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1207
PEI PAGE NUMBER: 6
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4220 - MAINTENANCE DIVISION
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4220 OPERATING SUPPLIES
5 /23 11/23/22 21 15799 6081 ALL AMERICAN POO 64.34 .00 MURIATIC ACID 4 GAL TOTAL OPERATING SUPPLIES .00 64.34 .00
4310 PROFESSIONAL CONTRACT SVC
5 /23 11/23/22 21 11621 -01 15817 5758 MARK FERNANDES 2,100.00 -2,100.00 PD, SARAH MOONEY, AND CMC TOTAL PROFESSIONAL CONTRACT SVC .00 2,100.00 -2,100.00
4340 UTILITIES
5 /23 11/23/22 21 15853 0363 PG&E 2,747.36 .00 7106804390-1 SEPT 22 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 398.31 .00 287305196021 NOV 22 5 /23 11/23/22 21 15866 0423 SOCALGAS 60.96 .00 03491607002 SEPT 22 5 /23 11/23/22 21 15867 0423 SOCALGAS 180.29 .00 14251743192 OCT 22 TOTAL UTILITIES .00 3,386.92 .00
TOTAL MAINTENANCE DIVISION .00 5,551.26 -2,100.00
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1208
PEI PAGE NUMBER: 7
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4221 - POLICE
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4310 PROFESSIONAL CONTRACT SVC
5 /23 11/23/22 21 15870 5352 STERICYCLE, INC. 328.08 .00 REGULAR SERVICE PD 5 /23 11/23/22 21 11698 -01 15815 2399 DEPARTMENT OF JU 866.00 -866.00 DOJ LIVE SCANS FY 2022-20 5 /23 11/23/22 21 11710 -01 15831 0772 COUNTY OF KINGS 5,081.04 -5,081.04 OCTOBER 2022 SERVICES TOTAL PROFESSIONAL CONTRACT SVC .00 6,275.12 -5,947.04
4320 MEETINGS & DUES
5 /23 11/23/22 21 15809 6230 CLEARS INC. 50.00 .00 CLEARS ANNL MEMBERSHI TOTAL MEETINGS & DUES .00 50.00 .00
4340 UTILITIES
5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 972.26 .00 287293971311 NOV 22 TOTAL UTILITIES .00 972.26 .00
4360 TRAINING
5 /23 11/23/22 21 15824 T2229 TANNER JACQUES 472.00 .00 T.JACQUES ICI HOMICID 5 /23 11/23/22 21 11789 -01 15836 5169 NEWMAN-GARCIA PH 1,000.00 -1,000.00 DRONE OPERATOR TRAINING C 5 /23 11/23/22 21 15830 T667 MICHAEL KENDALL 67.00 .00 M.KENDALL STARTEGIC S 5 /23 11/23/22 21 15820 7177 BRANDON GRESHAM 70.00 .00 INVESTIGATIVE INTERVI 5 /23 11/23/22 21 15827 7366 JOSEPH HERNANDEZ 70.00 .00 J.HERNANDEZ INVESTIGA 5 /23 11/23/22 21 15818 0719 FRESNO CITY COLL 103.00 .00 J.MORITZ INTERNAL AFF 5 /23 11/23/22 21 15818 0719 FRESNO CITY COLL 140.00 .00 K.KRUG FIELD TNG OFF 5 /23 11/23/22 21 15830 T667 MICHAEL KENDALL 157.00 .00 M.KENDALL SUCCEEDING 5 /23 11/23/22 21 11816 -01 15863 6361 PACIFIC INSTITUT 1,154.00 -1,154.00 PIDT INSTRUCTOR TRAINING TOTAL TRAINING .00 3,233.00 -2,154.00
4380 RENTALS & LEASES
5 /23 11/23/22 21 11615 -01 15874 5842 U.S. BANK EQUIPM 788.83 -788.83 COPIER LEASE CONTRACT 202 5 /23 11/23/22 21 15808 1817 C.A. REDING COMP 280.73 .00 9246714 OCT 22 TOTAL RENTALS & LEASES .00 1,069.56 -788.83
TOTAL POLICE .00 11,599.94 -8,889.87
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1209
PEI PAGE NUMBER: 8
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4222 - FIRE
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4220 OPERATING SUPPLIES
5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMA 670.78 .00 3RD TUES 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMA 578.31 .00 5TH TUES 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMA 164.61 .00 4TH TUES TNG 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMA 95.61 .00 RESTOCK 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMA 184.07 .00 4TH TUES TNG 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMA 173.72 .00 4TH TUES TNG 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMA 197.25 .00 3RD TUES TNG 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMA 202.84 .00 4TH TUES TNG 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMA 204.94 .00 1ST TUES TNG 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMA 220.12 .00 1ST TUES TNG 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMA 32.45 .00 1ST TUES TNG TOTAL OPERATING SUPPLIES .00 2,724.70 .00
4980 LEGAL EXPENSE
5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LL 78.00 .00 SEPT LEGAL SVCS 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LL 897.00 .00 SEPT LEGAL SVCS 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LL 917.10 .00 SEPT LEGAL SVCS TOTAL LEGAL EXPENSE .00 1,892.10 .00
TOTAL FIRE .00 4,616.80 .00
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1210
PEI PAGE NUMBER: 9
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4224 - BUILDING INSPECTION
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4310 PROFESSIONAL CONTRACT SVC
5 /23 11/23/22 21 11549 -01 15823 6713 INTERWEST CONSUL 2.40 -2.40 PLAN CHECK 5 /23 11/23/22 21 11549 -02 15823 6713 INTERWEST CONSUL 1,437.60 -1,437.60 CHANGE ORDER 1 - ADD FUND TOTAL PROFESSIONAL CONTRACT SVC .00 1,440.00 -1,440.00
4340 UTILITIES
5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 236.88 .00 287305196021 NOV 22 TOTAL UTILITIES .00 236.88 .00
TOTAL BUILDING INSPECTION .00 1,676.88 -1,440.00
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1211
PEI PAGE NUMBER: 10
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4230 - PUBLIC WORKS
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4340 UTILITIES
5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 142.45 .00 287305196021 NOV 22 TOTAL UTILITIES .00 142.45 .00
TOTAL PUBLIC WORKS .00 142.45 .00
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1212
PEI PAGE NUMBER: 11
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4231 - STREETS
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4310 PROFESSIONAL CONTRACT SVC
5 /23 11/23/22 21 11836 -03 15875 0450 USA NORTH 811 146.70 -146.70 USA ALERT STREET TOTAL PROFESSIONAL CONTRACT SVC .00 146.70 -146.70
4340 UTILITIES
5 /23 11/23/22 21 15852 0363 PG&E 172.18 .00 6780068156-0 OCT22 5 /23 11/23/22 21 15856 0363 PG&E 79.06 .00 8399228188-7 OCT 22 5 /23 11/23/22 21 15841 0363 PG&E 81.85 .00 0405654224-6 OCT 22 5 /23 11/23/22 21 15857 0363 PG&E 83.41 .00 8399228188-7 SEPT 22 5 /23 11/23/22 21 15842 0363 PG&E 68.33 .00 0464835369-8 SEPT 22 5 /23 11/23/22 21 15854 0363 PG&E 40.69 .00 8045532966-6 SEPT 22 5 /23 11/23/22 21 15848 0363 PG&E 8,315.19 .00 3606272278-4 OCT 22 5 /23 11/23/22 21 15849 0363 PG&E 8,315.30 .00 3606272278-4 SEPT22 5 /23 11/23/22 21 15843 0363 PG&E 1,569.70 .00 0475158959-1 OCT 22 5 /23 11/23/22 21 15844 0363 PG&E 532.01 .00 0568159643-2 OCT 22 5 /23 11/23/22 21 15846 0363 PG&E 338.85 .00 2343346692-9 OCT 22 5 /23 11/23/22 21 15847 0363 PG&E 434.42 .00 2343346692-9 SEPT 22 TOTAL UTILITIES .00 20,030.99 .00
TOTAL STREETS .00 20,177.69 -146.70
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1213
PEI PAGE NUMBER: 12
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4242 - RECREATION
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4220 OPERATING SUPPLIES
5 /23 11/23/22 21 15861 7220 PLAIN INSANE GRA 191.87 .00 REC STAFF SHIRTS 5 /23 11/23/22 21 15807 2045 BUDDY'S TROPHIES 8.04 .00 VETS RUN VERSA FLEX 5 /23 11/23/22 21 15807 2045 BUDDY'S TROPHIES 64.24 .00 VETS RUN MEDALS 5 /23 11/23/22 21 15837 T3273 NIYANT UPADHYAY 61.65 .00 BABY BALLER SUPPLIES 5 /23 11/23/22 21 15861 7220 PLAIN INSANE GRA 230.16 .00 TSHIRTS/POLOS TOTAL OPERATING SUPPLIES .00 555.96 .00
4310 PROFESSIONAL CONTRACT SVC
5 /23 11/23/22 21 15800 7355 ALLAN MCGHUEY 200.00 .00 FBALL REF 11-5 11-12 5 /23 11/23/22 21 15828 7359 JOSEPH KLOVSKI 200.00 .00 FTBALL REF 11.5 11.12 5 /23 11/23/22 21 15805 0040 LARRY AVILA 150.00 .00 FTBALL REF 11.5 11.12 5 /23 11/23/22 21 15868 6041 SOUTH WEST PRIVA 140.00 .00 JINGLE & MINGLE SECUR 5 /23 11/23/22 21 15834 7117 ALLAN MCGHUEY JR 125.00 .00 FOOTBALL REF 11-5-22 5 /23 11/23/22 21 15798 6994 TY HODGE 125.00 .00 FTBALL REF 11.5 11.12 5 /23 11/23/22 21 15805 0040 LARRY AVILA 50.00 .00 BBALL INST 11.10 5 /23 11/23/22 21 15877 T1546 DENZEL WILLIAMS 250.00 .00 FTBALL REF 11.5 11.12 5 /23 11/23/22 21 15826 5935 JOE JIMMEYE 250.00 .00 FTBALL REF 11.5 11.12 5 /23 11/23/22 21 11842 -01 15825 6329 JENNIFER CHRISTE 650.00 -650.00 JINGLE & MINGLE DJ TOTAL PROFESSIONAL CONTRACT SVC .00 2,140.00 -650.00
4340 UTILITIES
5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 137.42 .00 287305196021 NOV 22 TOTAL UTILITIES .00 137.42 .00
4980 LEGAL EXPENSE
5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LL 487.50 .00 SEPT LEGAL SVCS TOTAL LEGAL EXPENSE .00 487.50 .00
TOTAL RECREATION .00 3,320.88 -650.00
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1214
PEI PAGE NUMBER: 13
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4296 - INFORMATION TECHNOLOGY
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4220 OPERATING SUPPLIES
5 /23 11/23/22 21 11765 -01 15814 2454 DELL MARKETING L 9,486.44 -9,486.47 7: PRECISION 3460 SFF 5 /23 11/23/22 21 11765 -02 15814 2454 DELL MARKETING L 4,199.85 -4,199.86 14: DELL 27" MONITORS 5 /23 11/23/22 21 11765 -03 15814 2454 DELL MARKETING L 245.00 -245.00 7: CUS, SPKR 5 /23 11/23/22 21 11765 -04 15814 2454 DELL MARKETING L 389.97 -389.97 7: SOUND BAR MOUNT BRACKE 5 /23 11/23/22 21 11765 -05 15814 2454 DELL MARKETING L 124.11 -124.11 7: TRIPP LITE SURGE PROTE 5 /23 11/23/22 21 11765 -06 15814 2454 DELL MARKETING L 922.25 -922.25 SALES TAX 5 /23 11/23/22 21 11765 -07 15814 2454 DELL MARKETING L 70.00 -70.00 DISPOSAL FEE TOTAL OPERATING SUPPLIES .00 15,437.62 -15,437.66
4340 UTILITIES
5 /23 11/23/22 21 15810 4056 COMCAST 4,126.01 .00 OCTOBER 2022 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 191.61 .00 287305196021 NOV 22 5 /23 11/23/22 21 15802 5516 AT&T 28.68 .00 9391034003 NOV 22 TOTAL UTILITIES .00 4,346.30 .00
TOTAL INFORMATION TECHNOLOGY .00 19,783.92 -15,437.66
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1215
PEI PAGE NUMBER: 14
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 4297 - HUMAN RESOURCES
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4220 OPERATING SUPPLIES
5 /23 11/23/22 21 15807 2045 BUDDY'S TROPHIES 173.21 .00 NAME PLATES TOTAL OPERATING SUPPLIES .00 173.21 .00
4340 UTILITIES
5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 93.29 .00 287305196021 NOV 22 TOTAL UTILITIES .00 93.29 .00
4980 LEGAL EXPENSE
5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LL 19.50 .00 SEPT LEGAL SVCS 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LL 546.00 .00 SEPT LEGAL SVCS TOTAL LEGAL EXPENSE .00 565.50 .00
TOTAL HUMAN RESOURCES .00 832.00 .00
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1216
PEI PAGE NUMBER: 15
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
BUDGET UNIT - 5029 - SIDEWALK REPAIR PROGRAM
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4310 PROFESSIONAL CONTRACT SVC
5 /23 11/23/22 21 15871 T3270 STEVE & JULIA MA 2,500.00 .00 SIDEWALK REP S.MARTIN TOTAL PROFESSIONAL CONTRACT SVC .00 2,500.00 .00
TOTAL SIDEWALK REPAIR PROGRAM .00 2,500.00 .00
TOTAL GENERAL FUND .00 83,056.30 -34,540.31
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1217
PEI PAGE NUMBER: 16
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 036 - SB1 FUND
BUDGET UNIT - 5018 - 2020 SLURRY SB1 PROJECT
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4310 PROFESSIONAL CONTRACT SVC
5 /23 11/23/22 21 11783 -01 15862 0876 QUAD KNOPF, INC. 302.49 -302.49 SB 1 PROJECT 5 /23 11/23/22 21 11783 -01 15862 0876 QUAD KNOPF, INC. 635.76 -635.76 SB 1 PROJECT 5 /23 11/23/22 21 11783 -01 15862 0876 QUAD KNOPF, INC. 1,969.47 -1,969.47 SB 1 PROJECT TOTAL PROFESSIONAL CONTRACT SVC .00 2,907.72 -2,907.72
TOTAL 2020 SLURRY SB1 PROJECT .00 2,907.72 -2,907.72
TOTAL SB1 FUND .00 2,907.72 -2,907.72
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1218
PEI PAGE NUMBER: 17
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 040 - FLEET MAINTENANCE
BUDGET UNIT - 4265 - FLEET MAINTENANCE
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4220 OPERATING SUPPLIES
5 /23 11/23/22 21 15838 6120 O'REILLY AUTO PA 55.73 .00 CTRL ARM BSH 5 /23 11/23/22 21 11554 -01 15819 0068 GARY V. BURROWS, 16,225.86 -16,225.86 FUEL TOTAL OPERATING SUPPLIES .00 16,281.59 -16,225.86
4230 REPAIR/MAINT SUPPLIES
5 /23 11/23/22 21 11803 -01 15811 5030 COMMERCIAL RADIA 1,824.86 -1,824.86 REBUILT RADIATOR FOR UNIT 5 /23 11/23/22 21 15838 6120 O'REILLY AUTO PA 60.82 .00 WIPER ARM 5 /23 11/23/22 21 15835 7185 MFCP INC 233.03 .00 TUBE ASSY 5 /23 11/23/22 21 15838 6120 O'REILLY AUTO PA -16.09 .00 CORE RETURN 5 /23 11/23/22 21 15804 6145 AUTOZONE 126.53 .00 DL PURSUIT BRAKE PAD 5 /23 11/23/22 21 15838 6120 O'REILLY AUTO PA 182.31 .00 TRAILER HITCH 5 /23 11/23/22 21 15838 6120 O'REILLY AUTO PA 204.80 .00 THROTTLE BDY 5 /23 11/23/22 21 11787 -01 15821 5181 HAAKER EQUIPMENT 1,040.00 -1,040.00 1: SUCTION HOSE FOR UNIT 5 /23 11/23/22 21 11787 -02 15821 5181 HAAKER EQUIPMENT 264.68 -264.68 1: FAN BELT FOR UNIT 11 5 /23 11/23/22 21 11787 -03 15821 5181 HAAKER EQUIPMENT 250.00 -250.00 TAX AND SHIPPING 5 /23 11/23/22 21 11787 -04 15821 5181 HAAKER EQUIPMENT 29.42 -29.42 CHANGE 1 -ADD MORE MONEY 5 /23 11/23/22 21 15804 6145 AUTOZONE 263.30 .00 DL PURSUIT ROTOR 5 /23 11/23/22 21 15838 6120 O'REILLY AUTO PA 438.82 .00 CTL ARM ASY 5 /23 11/23/22 21 15804 6145 AUTOZONE 280.97 .00 DL PURSUIT ROTOR TOTAL REPAIR/MAINT SUPPLIES .00 5,183.45 -3,408.96
4340 UTILITIES
5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 88.26 .00 287305196021 NOV 22 TOTAL UTILITIES .00 88.26 .00
4350 REPAIR/MAINT SERVICES
5 /23 11/23/22 21 15812 6374 COOK'S COMMUNICA 268.02 .00 UNIT 36 LIGHTBAR REP 5 /23 11/23/22 21 11837 -01 15840 2822 PACIFIC TOWING & 1,100.00 -1,100.00 TOW FOR UNIT 114 TOTAL REPAIR/MAINT SERVICES .00 1,368.02 -1,100.00
TOTAL FLEET MAINTENANCE .00 22,921.32 -20,734.82
TOTAL FLEET MAINTENANCE .00 22,921.32 -20,734.82
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1219
PEI PAGE NUMBER: 18
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 050 - WATER
BUDGET UNIT - 4250 - WATER
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4310 PROFESSIONAL CONTRACT SVC
5 /23 11/23/22 21 11836 -02 15875 0450 USA NORTH 811 300.00 -300.00 USA ALERT WATER 5 /23 11/23/22 21 11691 -01 15869 6663 SUSP, INC 130,052.50 -130,052.50 LEMOORE CPO SERVICES TOTAL PROFESSIONAL CONTRACT SVC .00 130,352.50 -130,352.50 4340 UTILITIES
5 /23 11/23/22 21 15860 6627 PG&E NON ENERGY 346.06 .00 SEPT 22 1253333 5 /23 11/23/22 21 15859 6627 PG&E NON ENERGY 445.37 .00 1212651 OCT 22 5 /23 11/23/22 21 15850 0363 PG&E 4,670.20 .00 4102932393-2 OCT22 5 /23 11/23/22 21 15845 0363 PG&E 37,882.76 .00 0907889927-6 OCT 22 5 /23 11/23/22 21 15855 0363 PG&E 96,148.68 .00 8260011937-2 OCT 22 TOTAL UTILITIES .00 139,493.07 .00
TOTAL WATER .00 269,845.57 -130,352.50
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1220
PEI PAGE NUMBER: 19
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 050 - WATER
BUDGET UNIT - 4251 - UTILITY OFFICE
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4310 PROFESSIONAL CONTRACT SVC
5 /23 11/23/22 21 11662 -01 15822 5546 INFOSEND 1,469.55 -1,469.55 UTILITY BILLING STATEMENT 5 /23 11/23/22 21 11662 -01 15822 5546 INFOSEND 1,954.32 -1,954.32 UTILITY BILLING STATEMENT 5 /23 11/23/22 21 11796 -01 15822 5546 INFOSEND 795.83 -795.83 FEDEX DOOR HANGERS 5 /23 11/23/22 21 11796 -01 15822 5546 INFOSEND 25,385.77 -25,385.77 FEDEX DOOR HANGERS TOTAL PROFESSIONAL CONTRACT SVC .00 29,605.47 -29,605.47 4335 POSTAGE & MAILING
5 /23 11/23/22 21 11662 -02 15822 5546 INFOSEND 3,218.14 -3,218.14 UTILITY BILLING STATEMENT 5 /23 11/23/22 21 11662 -02 15822 5546 INFOSEND 3,219.08 -3,219.08 UTILITY BILLING STATEMENT TOTAL POSTAGE & MAILING .00 6,437.22 -6,437.22
4340 UTILITIES
5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 88.26 .00 287305196021 NOV 22 TOTAL UTILITIES .00 88.26 .00
TOTAL UTILITY OFFICE .00 36,130.95 -36,042.69
TOTAL WATER .00 305,976.52 -166,395.19
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1221
PEI PAGE NUMBER: 20
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 052 - WATER INCIDENT FUND
BUDGET UNIT - 4752 - WATER INCIDENT
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4980 LEGAL EXPENSE
5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LL 136.50 .00 SEPT LEGAL SVCS TOTAL LEGAL EXPENSE .00 136.50 .00
TOTAL WATER INCIDENT .00 136.50 .00
TOTAL WATER INCIDENT FUND .00 136.50 .00
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1222
PEI PAGE NUMBER: 21
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 056 - REFUSE
BUDGET UNIT - 4256 - REFUSE
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4310 PROFESSIONAL CONTRACT SVC
5 /23 11/23/22 21 11553 -01 15832 0234 KINGS WASTE AND 75,267.60 -75,267.60 TIPPING FEE'S OCT 22 5 /23 11/23/22 21 15832 0234 KINGS WASTE AND 275.00 .00 STARBUCK RECYCLE TOTAL PROFESSIONAL CONTRACT SVC .00 75,542.60 -75,267.60 4340 UTILITIES
5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 534.59 .00 287305196021 NOV 22 TOTAL UTILITIES .00 534.59 .00
TOTAL REFUSE .00 76,077.19 -75,267.60
TOTAL REFUSE .00 76,077.19 -75,267.60
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1223
PEI PAGE NUMBER: 22
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 060 - SEWER& STORM WTR DRAINAGE
BUDGET UNIT - 4260 - SEWER
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4310 PROFESSIONAL CONTRACT SVC
5 /23 11/23/22 21 11836 -01 15875 0450 USA NORTH 811 300.00 -300.00 USA ALERT WASTEWATER TOTAL PROFESSIONAL CONTRACT SVC .00 300.00 -300.00
4340 UTILITIES
5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 461.47 .00 287305196021 NOV 22 5 /23 11/23/22 21 15858 0363 PG&E 23.82 .00 9736454059-7 OCT 22 TOTAL UTILITIES .00 485.29 .00
4350 REPAIR/MAINT SERVICES
5 /23 11/23/22 21 11800 -01 15873 2799 TELSTAR INSTRUME 778.00 -778.00 ELECTRIC PUMP CONTROL REP TOTAL REPAIR/MAINT SERVICES .00 778.00 -778.00
TOTAL SEWER .00 1,563.29 -1,078.00
TOTAL SEWER& STORM WTR DRAINAGE .00 1,563.29 -1,078.00
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1224
PEI PAGE NUMBER: 23
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 155 - HOUSING AUTHORITY FUND
BUDGET UNIT - 4953 - HOUSING AUTHORITY FUNDS
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4310 PROFESSIONAL CONTRACT SVC
5 /23 11/23/22 21 11603 -01 15865 4054 SELF-HELP ENTERP 659.75 -659.75 LOAN PORTFOLIO MANAGEMENT TOTAL PROFESSIONAL CONTRACT SVC .00 659.75 -659.75
TOTAL HOUSING AUTHORITY FUNDS .00 659.75 -659.75
TOTAL HOUSING AUTHORITY FUND .00 659.75 -659.75
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1225
PEI PAGE NUMBER: 24
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 201 - LLMD ZONE 1
BUDGET UNIT - 4851 - LLMD ZONE 1 WESTFIELD
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4340 UTILITIES
5 /23 11/23/22 21 15851 0363 PG&E 79.64 .00 4729057332-9 SEPT 22 TOTAL UTILITIES .00 79.64 .00
TOTAL LLMD ZONE 1 WESTFIELD .00 79.64 .00
TOTAL LLMD ZONE 1 .00 79.64 .00
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1226
PEI PAGE NUMBER: 25
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 203 - LLMD ZONE 3 SILVA ESTATES
BUDGET UNIT - 4853 - LLMD ZONE 3 SILVA ESTATES
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4340 UTILITIES
5 /23 11/23/22 21 15851 0363 PG&E 49.33 .00 4729057332-9 SEPT 22 TOTAL UTILITIES .00 49.33 .00
TOTAL LLMD ZONE 3 SILVA ESTATES .00 49.33 .00
TOTAL LLMD ZONE 3 SILVA ESTATES .00 49.33 .00
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1227
PEI PAGE NUMBER: 26
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 206 - LLMD ZONE 6 CAPISTRANO
BUDGET UNIT - 4856 - LLMD ZONE 6 CAPISTRANO
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4340 UTILITIES
5 /23 11/23/22 21 15851 0363 PG&E 9.86 .00 4729057332-9 SEPT 22 TOTAL UTILITIES .00 9.86 .00
TOTAL LLMD ZONE 6 CAPISTRANO .00 9.86 .00
TOTAL LLMD ZONE 6 CAPISTRANO .00 9.86 .00
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1228
PEI PAGE NUMBER: 27
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 208B - LLMD ZONE 8B GREENS
BUDGET UNIT - 4858B - LLMD ZONE 8B GREENS
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4340 UTILITIES
5 /23 11/23/22 21 15851 0363 PG&E 9.86 .00 4729057332-9 SEPT 22 TOTAL UTILITIES .00 9.86 .00
TOTAL LLMD ZONE 8B GREENS .00 9.86 .00
TOTAL LLMD ZONE 8B GREENS .00 9.86 .00
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1229
PEI PAGE NUMBER: 28
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 210 - LLMD ZONE 10 AVALON
BUDGET UNIT - 4860 - LLMD ZONE 10 AVALON
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4340 UTILITIES
5 /23 11/23/22 21 15851 0363 PG&E 19.73 .00 4729057332-9 SEPT 22 TOTAL UTILITIES .00 19.73 .00
TOTAL LLMD ZONE 10 AVALON .00 19.73 .00
TOTAL LLMD ZONE 10 AVALON .00 19.73 .00
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1230
PEI PAGE NUMBER: 29
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 212 - LLMD ZONE 12 SUMMERWIND
BUDGET UNIT - 4862 - LLMD ZONE 12 SUMMERWIND
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4340 UTILITIES
5 /23 11/23/22 21 15851 0363 PG&E 20.13 .00 4729057332-9 SEPT 22 TOTAL UTILITIES .00 20.13 .00
TOTAL LLMD ZONE 12 SUMMERWIND .00 20.13 .00
TOTAL LLMD ZONE 12 SUMMERWIND .00 20.13 .00
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1231
PEI PAGE NUMBER: 30
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 251 - PFMD ZONE 1
BUDGET UNIT - 4871 - PFMD ZONE 1
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4340 UTILITIES
5 /23 11/23/22 21 15851 0363 PG&E 41.91 .00 4729057332-9 SEPT 22 TOTAL UTILITIES .00 41.91 .00
4350 REPAIR/MAINT SERVICES
5 /23 11/23/22 21 15876 7238 WESTSCAPES 61.96 .00 REP BROKEN WATER LINE 5 /23 11/23/22 21 11821 -01 15876 7238 WESTSCAPES 11,452.32 -11,452.32 FILL IN BARE AREAS IN THA TOTAL REPAIR/MAINT SERVICES .00 11,514.28 -11,452.32
TOTAL PFMD ZONE 1 .00 11,556.19 -11,452.32
TOTAL PFMD ZONE 1 .00 11,556.19 -11,452.32
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1232
PEI PAGE NUMBER: 31
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 252 - PFMD ZONE 2
BUDGET UNIT - 4872 - PFMD ZONE 2
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4340 UTILITIES
5 /23 11/23/22 21 15851 0363 PG&E 149.79 .00 4729057332-9 SEPT 22 TOTAL UTILITIES .00 149.79 .00
TOTAL PFMD ZONE 2 .00 149.79 .00
TOTAL PFMD ZONE 2 .00 149.79 .00
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1233
PEI PAGE NUMBER: 32
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 253 - PFMD ZONE 3
BUDGET UNIT - 4873 - PFMD ZONE 3
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4340 UTILITIES
5 /23 11/23/22 21 15851 0363 PG&E 12.49 .00 4729057332-9 SEPT 22 TOTAL UTILITIES .00 12.49 .00
TOTAL PFMD ZONE 3 .00 12.49 .00
TOTAL PFMD ZONE 3 .00 12.49 .00
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1234
PEI PAGE NUMBER: 33
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 254 - PFMD ZONE 4
BUDGET UNIT - 4874 - PFMD ZONE 4
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4340 UTILITIES
5 /23 11/23/22 21 15851 0363 PG&E 40.79 .00 4729057332-9 SEPT 22 TOTAL UTILITIES .00 40.79 .00
TOTAL PFMD ZONE 4 .00 40.79 .00
TOTAL PFMD ZONE 4 .00 40.79 .00
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1235
PEI PAGE NUMBER: 34
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 255 - PFMD ZONE 5
BUDGET UNIT - 4875 - PFMD ZONE 5
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4340 UTILITIES
5 /23 11/23/22 21 15851 0363 PG&E 134.50 .00 4729057332-9 SEPT 22 TOTAL UTILITIES .00 134.50 .00
TOTAL PFMD ZONE 5 .00 134.50 .00
TOTAL PFMD ZONE 5 .00 134.50 .00
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1236
PEI PAGE NUMBER: 35
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 259 - PFMD ZONE 9
BUDGET UNIT - 4879 - PFMD ZONE 9
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4340 UTILITIES
5 /23 11/23/22 21 15851 0363 PG&E 10.75 .00 4729057332-9 SEPT 22 TOTAL UTILITIES .00 10.75 .00
TOTAL PFMD ZONE 9 .00 10.75 .00
TOTAL PFMD ZONE 9 .00 10.75 .00
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1237
PEI PAGE NUMBER: 36
DATE: 11/23/2022 CITY OF LEMOORE AUDIT11
TIME: 14:36:15 EXPENDITURE TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 403 - STREETS CIP
BUDGET UNIT - 5013 - BUSH AVE 19TH OVERLAY
ACCOUNT DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION 4310 PROFESSIONAL CONTRACT SVC
5 /23 11/23/22 21 11791 -01 15806 6733 BLACKBURN CONSUL 728.00 -728.00 BUSH ST OVERLAY 5 /23 11/23/22 21 11791 -01 15806 6733 BLACKBURN CONSUL 9,265.50 -9,265.50 BUSH ST OVERLAY 5 /23 11/23/22 21 11791 -01 15806 6733 BLACKBURN CONSUL 15,843.20 -15,843.20 BUSH ST OVERLAY 5 /23 11/23/22 21 11784 -01 15862 0876 QUAD KNOPF, INC. 12,666.69 -12,666.69 BISH STREET OVERLAY TOTAL PROFESSIONAL CONTRACT SVC .00 38,503.39 -38,503.39 TOTAL BUSH AVE 19TH OVERLAY .00 38,503.39 -38,503.39
TOTAL STREETS CIP .00 38,503.39 -38,503.39
TOTAL REPORT .00 543,895.04 -351,539.10
RUN DATE 11/23/2022 TIME 14:36:16 PEI - FUND ACCOUNTING 1238
PEI PAGE NUMBER: 1
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2020 ACCOUNTS PAYABLE
5 /23 11/23/22 21 15807 2045 BUDDY'S TROPHIES 8.04 VETS RUN VERSA FLEX 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 19.50 SEPT LEGAL SVCS 5 /23 11/23/22 21 15802 5516 AT&T 28.68 9391034003 NOV 22 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMARKET 32.45 1ST TUES TNG 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 39.00 SEPT LEGAL SVCS 5 /23 11/23/22 21 15854 0363 PG&E 40.69 8045532966-6 SEPT 22 5 /23 11/23/22 21 15805 0040 LARRY AVILA 50.00 BBALL INST 11.10 5 /23 11/23/22 21 15809 6230 CLEARS INC. 50.00 CLEARS ANNL MEMBERSHI 5 /23 11/23/22 21 15866 0423 SOCALGAS 60.96 03491607002 SEPT 22 5 /23 11/23/22 21 15837 T3273 NIYANT UPADHYAY 61.65 BABY BALLER SUPPLIES 5 /23 11/23/22 21 15807 2045 BUDDY'S TROPHIES 64.24 VETS RUN MEDALS 5 /23 11/23/22 21 15799 6081 ALL AMERICAN POOL CO 64.34 MURIATIC ACID 4 GAL 5 /23 11/23/22 21 15830 T667 MICHAEL KENDALL 67.00 M.KENDALL STARTEGIC S 5 /23 11/23/22 21 15842 0363 PG&E 68.33 0464835369-8 SEPT 22 5 /23 11/23/22 21 15820 7177 BRANDON GRESHAM 70.00 INVESTIGATIVE INTERVI 5 /23 11/23/22 21 15827 7366 JOSEPH HERNANDEZ 70.00 J.HERNANDEZ INVESTIGA 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 78.00 SEPT LEGAL SVCS 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 78.00 SEPT LEGAL SVCS 5 /23 11/23/22 21 15856 0363 PG&E 79.06 8399228188-7 OCT 22 5 /23 11/23/22 21 15839 T1356 NATHAN OLSON 79.56 N.OLSON CELL OCT 22 5 /23 11/23/22 21 15841 0363 PG&E 81.85 0405654224-6 OCT 22 5 /23 11/23/22 21 15857 0363 PG&E 83.41 8399228188-7 SEPT 22 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 93.29 287305196021 NOV 22 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 93.29 287305196021 NOV 22 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMARKET 95.61 RESTOCK 5 /23 11/23/22 21 15818 0719 FRESNO CITY COLLEGE 103.00 J.MORITZ INTERNAL AFF 5 /23 11/23/22 21 15834 7117 ALLAN MCGHUEY JR. 125.00 FOOTBALL REF 11-5-22 5 /23 11/23/22 21 15798 6994 TY HODGE 125.00 FTBALL REF 11.5 11.12 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 137.42 287305196021 NOV 22 5 /23 11/23/22 21 15818 0719 FRESNO CITY COLLEGE 140.00 K.KRUG FIELD TNG OFF 5 /23 11/23/22 21 15868 6041 SOUTH WEST PRIVATE P 140.00 JINGLE & MINGLE SECUR 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 142.45 287305196021 NOV 22 5 /23 11/23/22 21 15805 0040 LARRY AVILA 150.00 FTBALL REF 11.5 11.12 5 /23 11/23/22 21 15830 T667 MICHAEL KENDALL 157.00 M.KENDALL SUCCEEDING 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMARKET 164.61 4TH TUES TNG 5 /23 11/23/22 21 15852 0363 PG&E 172.18 6780068156-0 OCT22 5 /23 11/23/22 21 15807 2045 BUDDY'S TROPHIES 173.21 NAME PLATES 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMARKET 173.72 4TH TUES TNG 5 /23 11/23/22 21 15867 0423 SOCALGAS 180.29 14251743192 OCT 22 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMARKET 184.07 4TH TUES TNG 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 191.61 287305196021 NOV 22 5 /23 11/23/22 21 15861 7220 PLAIN INSANE GRAPHIX 191.87 REC STAFF SHIRTS 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMARKET 197.25 3RD TUES TNG 5 /23 11/23/22 21 15800 7355 ALLAN MCGHUEY 200.00 FBALL REF 11-5 11-12 5 /23 11/23/22 21 15828 7359 JOSEPH KLOVSKI 200.00 FTBALL REF 11.5 11.12 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMARKET 202.84 4TH TUES TNG 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMARKET 204.94 1ST TUES TNG 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMARKET 220.12 1ST TUES TNG 5 /23 11/23/22 21 15861 7220 PLAIN INSANE GRAPHIX 230.16 TSHIRTS/POLOS 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 236.88 287305196021 NOV 22 5 /23 11/23/22 21 15877 T1546 DENZEL WILLIAMS 250.00 FTBALL REF 11.5 11.12 1239
PEI PAGE NUMBER: 2
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2020 ACCOUNTS PAYABLE (cont'd)
5 /23 11/23/22 21 15829 T3272 JOSH SHIYOMURA 250.00 REFUND DEP 7000011763 5 /23 11/23/22 21 15826 5935 JOE JIMMEYE 250.00 FTBALL REF 11.5 11.12 5 /23 11/23/22 21 15816 T1298 PINI ETCHEGOIN 250.00 REFUND DEP 8000000145 5 /23 11/23/22 21 15808 1817 C.A. REDING COMPANY, 280.73 9246714 OCT 22 5 /23 11/23/22 21 15870 5352 STERICYCLE, INC. 328.08 REGULAR SERVICE PD 5 /23 11/23/22 21 15846 0363 PG&E 338.85 2343346692-9 OCT 22 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 398.31 287305196021 NOV 22 5 /23 11/23/22 21 15847 0363 PG&E 434.42 2343346692-9 SEPT 22 5 /23 11/23/22 21 15824 T2229 TANNER JACQUES 472.00 T.JACQUES ICI HOMICID 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 487.50 SEPT LEGAL SVCS 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 495.59 SEPT LEGAL SVCS 5 /23 11/23/22 21 15803 T3269 AUDREY KING 500.00 REFUND DEP 7000011931 5 /23 11/23/22 21 15844 0363 PG&E 532.01 0568159643-2 OCT 22 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 546.00 SEPT LEGAL SVCS 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMARKET 578.31 5TH TUES 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 585.00 SEPT LEGAL SVCS 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMARKET 670.78 3RD TUES 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 754.18 SEPT LEGAL SVCS 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 897.00 SEPT LEGAL SVCS 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 917.10 SEPT LEGAL SVCS 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 972.26 287293971311 NOV 22 5 /23 11/23/22 21 15843 0363 PG&E 1,569.70 0475158959-1 OCT 22 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 2,041.18 SEPT LEGAL SVCS 5 /23 11/23/22 21 15871 T3270 STEVE & JULIA MARTIN 2,500.00 SIDEWALK REP S.MARTIN 5 /23 11/23/22 21 15853 0363 PG&E 2,747.36 7106804390-1 SEPT 22 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 2,812.60 SEPT LEGAL SVCS 5 /23 11/23/22 21 15810 4056 COMCAST 4,126.01 OCTOBER 2022 5 /23 11/23/22 21 15848 0363 PG&E 8,315.19 3606272278-4 OCT 22 5 /23 11/23/22 21 15849 0363 PG&E 8,315.30 3606272278-4 SEPT22 5 /23 11/23/22 21 15823 6713 INTERWEST CONSULTING 2.40 PLAN CHECK 5 /23 11/23/22 21 15823 6713 INTERWEST CONSULTING 1,437.60 CHANGE ORDER 1 - ADD FUND 5 /23 11/23/22 21 15862 0876 QUAD KNOPF, INC. 564.66 TECHNICAL PLANNING SERVIC 5 /23 11/23/22 21 15862 0876 QUAD KNOPF, INC. 596.25 TECHNICAL PLANNING SERVIC 5 /23 11/23/22 21 15862 0876 QUAD KNOPF, INC. 2,215.17 TECHNICAL PLANNING SERVIC 5 /23 11/23/22 21 15874 5842 U.S. BANK EQUIPMENT 788.83 COPIER LEASE CONTRACT 202 5 /23 11/23/22 21 15817 5758 MARK FERNANDES 2,100.00 PD, SARAH MOONEY, AND CMC 5 /23 11/23/22 21 15815 2399 DEPARTMENT OF JUSTIC 866.00 DOJ LIVE SCANS FY 2022-20 5 /23 11/23/22 21 15831 0772 COUNTY OF KINGS INFO 5,081.04 OCTOBER 2022 SERVICES 5 /23 11/23/22 21 15814 2454 DELL MARKETING L.P 9,486.44 7: PRECISION 3460 SFF 5 /23 11/23/22 21 15814 2454 DELL MARKETING L.P 4,199.85 14: DELL 27" MONITORS 5 /23 11/23/22 21 15814 2454 DELL MARKETING L.P 245.00 7: CUS, SPKR 5 /23 11/23/22 21 15814 2454 DELL MARKETING L.P 389.97 7: SOUND BAR MOUNT BRACKE 5 /23 11/23/22 21 15814 2454 DELL MARKETING L.P 124.11 7: TRIPP LITE SURGE PROTE 5 /23 11/23/22 21 15814 2454 DELL MARKETING L.P 922.25 SALES TAX 5 /23 11/23/22 21 15814 2454 DELL MARKETING L.P 70.00 DISPOSAL FEE 5 /23 11/23/22 21 15836 5169 NEWMAN-GARCIA PHOTO 1,000.00 DRONE OPERATOR TRAINING C 5 /23 11/23/22 21 15863 6361 PACIFIC INSTITUTE OF 1,154.00 PIDT INSTRUCTOR TRAINING 5 /23 11/23/22 21 15875 0450 USA NORTH 811 146.70 USA ALERT STREET 5 /23 11/23/22 21 15872 7365 TEAM CALIFORNIA ECON 2,500.00 ANNUAL MEMBERSHIP FEE 5 /23 11/23/22 21 15825 6329 JENNIFER CHRISTENSEN 650.00 JINGLE & MINGLE DJ TOTAL ACCOUNTS PAYABLE .00 84,056.30
1240
PEI PAGE NUMBER: 3
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2020 ACCOUNTS PAYABLE (cont'd)
2930 REVENUE CONTROL
5 /23 11/23/22 21 15803 T3269 AUDREY KING 500.00 REFUND DEP 7000011931 5 /23 11/23/22 21 15816 T1298 PINI ETCHEGOIN 250.00 REFUND DEP 8000000145 5 /23 11/23/22 21 15829 T3272 JOSH SHIYOMURA 250.00 REFUND DEP 7000011763 TOTAL REVENUE CONTROL 1,000.00 .00
2940 EXPENDITURE CONTROL
5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMARKET 204.94 1ST TUES TNG 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 236.88 287305196021 NOV 22 5 /23 11/23/22 21 15826 5935 JOE JIMMEYE 250.00 FTBALL REF 11.5 11.12 5 /23 11/23/22 21 15861 7220 PLAIN INSANE GRAPHIX 230.16 TSHIRTS/POLOS 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMARKET 220.12 1ST TUES TNG 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMARKET 184.07 4TH TUES TNG 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMARKET 202.84 4TH TUES TNG 5 /23 11/23/22 21 15828 7359 JOSEPH KLOVSKI 200.00 FTBALL REF 11.5 11.12 5 /23 11/23/22 21 15800 7355 ALLAN MCGHUEY 200.00 FBALL REF 11-5 11-12 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMARKET 197.25 3RD TUES TNG 5 /23 11/23/22 21 15844 0363 PG&E 532.01 0568159643-2 OCT 22 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 495.59 SEPT LEGAL SVCS 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 487.50 SEPT LEGAL SVCS 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 398.31 287305196021 NOV 22 5 /23 11/23/22 21 15847 0363 PG&E 434.42 2343346692-9 SEPT 22 5 /23 11/23/22 21 15870 5352 STERICYCLE, INC. 328.08 REGULAR SERVICE PD 5 /23 11/23/22 21 15846 0363 PG&E 338.85 2343346692-9 OCT 22 5 /23 11/23/22 21 15808 1817 C.A. REDING COMPANY, 280.73 9246714 OCT 22 5 /23 11/23/22 21 15877 T1546 DENZEL WILLIAMS 250.00 FTBALL REF 11.5 11.12 5 /23 11/23/22 21 15862 0876 QUAD KNOPF, INC. 564.66 TECHNICAL PLANNING SERVIC 5 /23 11/23/22 21 15823 6713 INTERWEST CONSULTING 1,437.60 CHANGE ORDER 1 - ADD FUND 5 /23 11/23/22 21 15823 6713 INTERWEST CONSULTING 2.40 PLAN CHECK 5 /23 11/23/22 21 15848 0363 PG&E 8,315.19 3606272278-4 OCT 22 5 /23 11/23/22 21 15849 0363 PG&E 8,315.30 3606272278-4 SEPT22 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 546.00 SEPT LEGAL SVCS 5 /23 11/23/22 21 15810 4056 COMCAST 4,126.01 OCTOBER 2022 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 2,812.60 SEPT LEGAL SVCS 5 /23 11/23/22 21 15853 0363 PG&E 2,747.36 7106804390-1 SEPT 22 5 /23 11/23/22 21 15871 T3270 STEVE & JULIA MARTIN 2,500.00 SIDEWALK REP S.MARTIN 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 2,041.18 SEPT LEGAL SVCS 5 /23 11/23/22 21 15843 0363 PG&E 1,569.70 0475158959-1 OCT 22 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 972.26 287293971311 NOV 22 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 917.10 SEPT LEGAL SVCS 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 897.00 SEPT LEGAL SVCS 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 754.18 SEPT LEGAL SVCS 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMARKET 670.78 3RD TUES 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 585.00 SEPT LEGAL SVCS 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMARKET 578.31 5TH TUES 5 /23 11/23/22 21 15824 T2229 TANNER JACQUES 472.00 T.JACQUES ICI HOMICID 5 /23 11/23/22 21 15861 7220 PLAIN INSANE GRAPHIX 191.87 REC STAFF SHIRTS 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 191.61 287305196021 NOV 22 5 /23 11/23/22 21 15805 0040 LARRY AVILA 150.00 FTBALL REF 11.5 11.12 5 /23 11/23/22 21 15867 0423 SOCALGAS 180.29 14251743192 OCT 22 1241
PEI PAGE NUMBER: 4
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2940 EXPENDITURE CONTROL (cont'd)
5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMARKET 173.72 4TH TUES TNG 5 /23 11/23/22 21 15807 2045 BUDDY'S TROPHIES 173.21 NAME PLATES 5 /23 11/23/22 21 15852 0363 PG&E 172.18 6780068156-0 OCT22 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMARKET 164.61 4TH TUES TNG 5 /23 11/23/22 21 15830 T667 MICHAEL KENDALL 157.00 M.KENDALL SUCCEEDING 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 137.42 287305196021 NOV 22 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 142.45 287305196021 NOV 22 5 /23 11/23/22 21 15868 6041 SOUTH WEST PRIVATE P 140.00 JINGLE & MINGLE SECUR 5 /23 11/23/22 21 15818 0719 FRESNO CITY COLLEGE 140.00 K.KRUG FIELD TNG OFF 5 /23 11/23/22 21 15798 6994 TY HODGE 125.00 FTBALL REF 11.5 11.12 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 93.29 287305196021 NOV 22 5 /23 11/23/22 21 15834 7117 ALLAN MCGHUEY JR. 125.00 FOOTBALL REF 11-5-22 5 /23 11/23/22 21 15818 0719 FRESNO CITY COLLEGE 103.00 J.MORITZ INTERNAL AFF 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMARKET 95.61 RESTOCK 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 93.29 287305196021 NOV 22 5 /23 11/23/22 21 15857 0363 PG&E 83.41 8399228188-7 SEPT 22 5 /23 11/23/22 21 15841 0363 PG&E 81.85 0405654224-6 OCT 22 5 /23 11/23/22 21 15807 2045 BUDDY'S TROPHIES 64.24 VETS RUN MEDALS 5 /23 11/23/22 21 15839 T1356 NATHAN OLSON 79.56 N.OLSON CELL OCT 22 5 /23 11/23/22 21 15856 0363 PG&E 79.06 8399228188-7 OCT 22 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 78.00 SEPT LEGAL SVCS 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 78.00 SEPT LEGAL SVCS 5 /23 11/23/22 21 15827 7366 JOSEPH HERNANDEZ 70.00 J.HERNANDEZ INVESTIGA 5 /23 11/23/22 21 15820 7177 BRANDON GRESHAM 70.00 INVESTIGATIVE INTERVI 5 /23 11/23/22 21 15842 0363 PG&E 68.33 0464835369-8 SEPT 22 5 /23 11/23/22 21 15830 T667 MICHAEL KENDALL 67.00 M.KENDALL STARTEGIC S 5 /23 11/23/22 21 15799 6081 ALL AMERICAN POOL CO 64.34 MURIATIC ACID 4 GAL 5 /23 11/23/22 21 15866 0423 SOCALGAS 60.96 03491607002 SEPT 22 5 /23 11/23/22 21 15837 T3273 NIYANT UPADHYAY 61.65 BABY BALLER SUPPLIES 5 /23 11/23/22 21 15805 0040 LARRY AVILA 50.00 BBALL INST 11.10 5 /23 11/23/22 21 15809 6230 CLEARS INC. 50.00 CLEARS ANNL MEMBERSHI 5 /23 11/23/22 21 15802 5516 AT&T 28.68 9391034003 NOV 22 5 /23 11/23/22 21 15854 0363 PG&E 40.69 8045532966-6 SEPT 22 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 39.00 SEPT LEGAL SVCS 5 /23 11/23/22 21 15864 2932 SAVEMART SUPERMARKET 32.45 1ST TUES TNG 5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 19.50 SEPT LEGAL SVCS 5 /23 11/23/22 21 15807 2045 BUDDY'S TROPHIES 8.04 VETS RUN VERSA FLEX 5 /23 11/23/22 21 15872 7365 TEAM CALIFORNIA ECON 2,500.00 ANNUAL MEMBERSHIP FEE 5 /23 11/23/22 21 15875 0450 USA NORTH 811 146.70 USA ALERT STREET 5 /23 11/23/22 21 15825 6329 JENNIFER CHRISTENSEN 650.00 JINGLE & MINGLE DJ 5 /23 11/23/22 21 15863 6361 PACIFIC INSTITUTE OF 1,154.00 PIDT INSTRUCTOR TRAINING 5 /23 11/23/22 21 15836 5169 NEWMAN-GARCIA PHOTO 1,000.00 DRONE OPERATOR TRAINING C 5 /23 11/23/22 21 15814 2454 DELL MARKETING L.P 922.25 SALES TAX 5 /23 11/23/22 21 15814 2454 DELL MARKETING L.P 124.11 7: TRIPP LITE SURGE PROTE 5 /23 11/23/22 21 15814 2454 DELL MARKETING L.P 70.00 DISPOSAL FEE 5 /23 11/23/22 21 15814 2454 DELL MARKETING L.P 389.97 7: SOUND BAR MOUNT BRACKE 5 /23 11/23/22 21 15814 2454 DELL MARKETING L.P 245.00 7: CUS, SPKR 5 /23 11/23/22 21 15814 2454 DELL MARKETING L.P 4,199.85 14: DELL 27" MONITORS 5 /23 11/23/22 21 15814 2454 DELL MARKETING L.P 9,486.44 7: PRECISION 3460 SFF 5 /23 11/23/22 21 15831 0772 COUNTY OF KINGS INFO 5,081.04 OCTOBER 2022 SERVICES 5 /23 11/23/22 21 15815 2399 DEPARTMENT OF JUSTIC 866.00 DOJ LIVE SCANS FY 2022-20 1242
PEI PAGE NUMBER: 5
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2940 EXPENDITURE CONTROL (cont'd)
5 /23 11/23/22 21 15874 5842 U.S. BANK EQUIPMENT 788.83 COPIER LEASE CONTRACT 202 5 /23 11/23/22 21 15862 0876 QUAD KNOPF, INC. 2,215.17 TECHNICAL PLANNING SERVIC 5 /23 11/23/22 21 15862 0876 QUAD KNOPF, INC. 596.25 TECHNICAL PLANNING SERVIC 5 /23 11/23/22 21 15817 5758 MARK FERNANDES 2,100.00 PD, SARAH MOONEY, AND CMC TOTAL EXPENDITURE CONTROL 83,056.30 .00
2950 ENCUMBRANCE
5 /23 11/23/22 21 11621 5758 MARK FERNANDES 2,100.00 PD, SARAH MOONEY, AND CMC 5 /23 11/23/22 21 11602 0876 QUAD KNOPF, INC. 596.25 TECHNICAL PLANNING SERVIC 5 /23 11/23/22 21 11602 0876 QUAD KNOPF, INC. 2,215.17 TECHNICAL PLANNING SERVIC 5 /23 11/23/22 21 11615 5842 U.S. BANK EQUIPMENT 788.83 COPIER LEASE CONTRACT 202 5 /23 11/23/22 21 11698 2399 DEPARTMENT OF JUSTIC 866.00 DOJ LIVE SCANS FY 2022-20 5 /23 11/23/22 21 11710 0772 COUNTY OF KINGS INFO 5,081.04 OCTOBER 2022 SERVICES 5 /23 11/23/22 21 11765 2454 DELL MARKETING L.P 9,486.47 7: PRECISION 3460 SFF 5 /23 11/23/22 21 11765 2454 DELL MARKETING L.P 4,199.86 14: DELL 27" MONITORS 5 /23 11/23/22 21 11765 2454 DELL MARKETING L.P 245.00 7: CUS, SPKR 5 /23 11/23/22 21 11765 2454 DELL MARKETING L.P 389.97 7: SOUND BAR MOUNT BRACKE 5 /23 11/23/22 21 11765 2454 DELL MARKETING L.P 70.00 DISPOSAL FEE 5 /23 11/23/22 21 11765 2454 DELL MARKETING L.P 124.11 7: TRIPP LITE SURGE PROTE 5 /23 11/23/22 21 11765 2454 DELL MARKETING L.P 922.25 SALES TAX 5 /23 11/23/22 21 11789 5169 NEWMAN-GARCIA PHOTO 1,000.00 DRONE OPERATOR TRAINING C 5 /23 11/23/22 21 11836 0450 USA NORTH 811 146.70 USA ALERT STREET 5 /23 11/23/22 21 11816 6361 PACIFIC INSTITUTE OF 1,154.00 PIDT INSTRUCTOR TRAINING 5 /23 11/23/22 21 11842 6329 JENNIFER CHRISTENSEN 650.00 JINGLE & MINGLE DJ 5 /23 11/23/22 21 11841 7365 TEAM CALIFORNIA ECON 2,500.00 ANNUAL MEMBERSHIP FEE 5 /23 11/23/22 21 11549 6713 INTERWEST CONSULTING 2.40 PLAN CHECK 5 /23 11/23/22 21 11549 6713 INTERWEST CONSULTING 1,437.60 CHANGE ORDER 1 - ADD FUND 5 /23 11/23/22 21 11602 0876 QUAD KNOPF, INC. 564.66 TECHNICAL PLANNING SERVIC TOTAL ENCUMBRANCE .00 34,540.31
2960 ENCUMBRANCE-RESERVED
5 /23 11/23/22 21 11602 0876 QUAD KNOPF, INC. 596.25 TECHNICAL PLANNING SERVIC 5 /23 11/23/22 21 11602 0876 QUAD KNOPF, INC. 564.66 TECHNICAL PLANNING SERVIC 5 /23 11/23/22 21 11549 6713 INTERWEST CONSULTING 1,437.60 CHANGE ORDER 1 - ADD FUND 5 /23 11/23/22 21 11549 6713 INTERWEST CONSULTING 2.40 PLAN CHECK 5 /23 11/23/22 21 11842 6329 JENNIFER CHRISTENSEN 650.00 JINGLE & MINGLE DJ 5 /23 11/23/22 21 11841 7365 TEAM CALIFORNIA ECON 2,500.00 ANNUAL MEMBERSHIP FEE 5 /23 11/23/22 21 11816 6361 PACIFIC INSTITUTE OF 1,154.00 PIDT INSTRUCTOR TRAINING 5 /23 11/23/22 21 11836 0450 USA NORTH 811 146.70 USA ALERT STREET 5 /23 11/23/22 21 11789 5169 NEWMAN-GARCIA PHOTO 1,000.00 DRONE OPERATOR TRAINING C 5 /23 11/23/22 21 11765 2454 DELL MARKETING L.P 70.00 DISPOSAL FEE 5 /23 11/23/22 21 11765 2454 DELL MARKETING L.P 922.25 SALES TAX 5 /23 11/23/22 21 11765 2454 DELL MARKETING L.P 124.11 7: TRIPP LITE SURGE PROTE 5 /23 11/23/22 21 11765 2454 DELL MARKETING L.P 389.97 7: SOUND BAR MOUNT BRACKE 5 /23 11/23/22 21 11765 2454 DELL MARKETING L.P 245.00 7: CUS, SPKR 5 /23 11/23/22 21 11765 2454 DELL MARKETING L.P 4,199.86 14: DELL 27" MONITORS 5 /23 11/23/22 21 11765 2454 DELL MARKETING L.P 9,486.47 7: PRECISION 3460 SFF 5 /23 11/23/22 21 11710 0772 COUNTY OF KINGS INFO 5,081.04 OCTOBER 2022 SERVICES 5 /23 11/23/22 21 11698 2399 DEPARTMENT OF JUSTIC 866.00 DOJ LIVE SCANS FY 2022-20 5 /23 11/23/22 21 11621 5758 MARK FERNANDES 2,100.00 PD, SARAH MOONEY, AND CMC 5 /23 11/23/22 21 11615 5842 U.S. BANK EQUIPMENT 788.83 COPIER LEASE CONTRACT 202 1243
PEI PAGE NUMBER: 6
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 001 - GENERAL FUND
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2960 ENCUMBRANCE-RESERVED (cont'd)
5 /23 11/23/22 21 11602 0876 QUAD KNOPF, INC. 2,215.17 TECHNICAL PLANNING SERVIC TOTAL ENCUMBRANCE-RESERVED 34,540.31 .00
TOTAL GENERAL FUND 118,596.61 118,596.61
1244
PEI PAGE NUMBER: 7
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 036 - SB1 FUND
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2020 ACCOUNTS PAYABLE
5 /23 11/23/22 21 15862 0876 QUAD KNOPF, INC. 302.49 SB 1 PROJECT 5 /23 11/23/22 21 15862 0876 QUAD KNOPF, INC. 635.76 SB 1 PROJECT 5 /23 11/23/22 21 15862 0876 QUAD KNOPF, INC. 1,969.47 SB 1 PROJECT TOTAL ACCOUNTS PAYABLE .00 2,907.72
2940 EXPENDITURE CONTROL
5 /23 11/23/22 21 15862 0876 QUAD KNOPF, INC. 635.76 SB 1 PROJECT 5 /23 11/23/22 21 15862 0876 QUAD KNOPF, INC. 1,969.47 SB 1 PROJECT 5 /23 11/23/22 21 15862 0876 QUAD KNOPF, INC. 302.49 SB 1 PROJECT TOTAL EXPENDITURE CONTROL 2,907.72 .00
2950 ENCUMBRANCE
5 /23 11/23/22 21 11783 0876 QUAD KNOPF, INC. 302.49 SB 1 PROJECT 5 /23 11/23/22 21 11783 0876 QUAD KNOPF, INC. 635.76 SB 1 PROJECT 5 /23 11/23/22 21 11783 0876 QUAD KNOPF, INC. 1,969.47 SB 1 PROJECT TOTAL ENCUMBRANCE .00 2,907.72
2960 ENCUMBRANCE-RESERVED
5 /23 11/23/22 21 11783 0876 QUAD KNOPF, INC. 1,969.47 SB 1 PROJECT 5 /23 11/23/22 21 11783 0876 QUAD KNOPF, INC. 635.76 SB 1 PROJECT 5 /23 11/23/22 21 11783 0876 QUAD KNOPF, INC. 302.49 SB 1 PROJECT TOTAL ENCUMBRANCE-RESERVED 2,907.72 .00
TOTAL SB1 FUND 5,815.44 5,815.44
1245
PEI PAGE NUMBER: 8
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 040 - FLEET MAINTENANCE
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2020 ACCOUNTS PAYABLE
5 /23 11/23/22 21 15821 5181 HAAKER EQUIPMENT COM 1,040.00 1: SUCTION HOSE FOR UNIT 5 /23 11/23/22 21 15821 5181 HAAKER EQUIPMENT COM 264.68 1: FAN BELT FOR UNIT 11 5 /23 11/23/22 21 15821 5181 HAAKER EQUIPMENT COM 250.00 TAX AND SHIPPING 5 /23 11/23/22 21 15821 5181 HAAKER EQUIPMENT COM 29.42 CHANGE 1 -ADD MORE MONEY 5 /23 11/23/22 21 15840 2822 PACIFIC TOWING & TRA 1,100.00 TOW FOR UNIT 114 5 /23 11/23/22 21 15811 5030 COMMERCIAL RADIATOR 1,824.86 REBUILT RADIATOR FOR UNIT 5 /23 11/23/22 21 15819 0068 GARY V. BURROWS, INC 16,225.86 FUEL 5 /23 11/23/22 21 15812 6374 COOK'S COMMUNICATION 268.02 UNIT 36 LIGHTBAR REP 5 /23 11/23/22 21 15804 6145 AUTOZONE 280.97 DL PURSUIT ROTOR 5 /23 11/23/22 21 15838 6120 O'REILLY AUTO PARTS 438.82 CTL ARM ASY 5 /23 11/23/22 21 15838 6120 O'REILLY AUTO PARTS 204.80 THROTTLE BDY 5 /23 11/23/22 21 15804 6145 AUTOZONE 263.30 DL PURSUIT ROTOR 5 /23 11/23/22 21 15835 7185 MFCP INC 233.03 TUBE ASSY
5 /23 11/23/22 21 15838 6120 O'REILLY AUTO PARTS 16.09 CORE RETURN 5 /23 11/23/22 21 15838 6120 O'REILLY AUTO PARTS 60.82 WIPER ARM 5 /23 11/23/22 21 15838 6120 O'REILLY AUTO PARTS 55.73 CTRL ARM BSH 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 88.26 287305196021 NOV 22 5 /23 11/23/22 21 15804 6145 AUTOZONE 126.53 DL PURSUIT BRAKE PAD 5 /23 11/23/22 21 15838 6120 O'REILLY AUTO PARTS 182.31 TRAILER HITCH TOTAL ACCOUNTS PAYABLE 16.09 22,937.41
2940 EXPENDITURE CONTROL
5 /23 11/23/22 21 15838 6120 O'REILLY AUTO PARTS 182.31 TRAILER HITCH 5 /23 11/23/22 21 15804 6145 AUTOZONE 126.53 DL PURSUIT BRAKE PAD 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 88.26 287305196021 NOV 22 5 /23 11/23/22 21 15838 6120 O'REILLY AUTO PARTS 60.82 WIPER ARM 5 /23 11/23/22 21 15838 6120 O'REILLY AUTO PARTS 55.73 CTRL ARM BSH 5 /23 11/23/22 21 15835 7185 MFCP INC 233.03 TUBE ASSY
5 /23 11/23/22 21 15838 6120 O'REILLY AUTO PARTS 16.09 CORE RETURN 5 /23 11/23/22 21 15812 6374 COOK'S COMMUNICATION 268.02 UNIT 36 LIGHTBAR REP 5 /23 11/23/22 21 15804 6145 AUTOZONE 263.30 DL PURSUIT ROTOR 5 /23 11/23/22 21 15838 6120 O'REILLY AUTO PARTS 204.80 THROTTLE BDY 5 /23 11/23/22 21 15838 6120 O'REILLY AUTO PARTS 438.82 CTL ARM ASY 5 /23 11/23/22 21 15804 6145 AUTOZONE 280.97 DL PURSUIT ROTOR 5 /23 11/23/22 21 15819 0068 GARY V. BURROWS, INC 16,225.86 FUEL 5 /23 11/23/22 21 15811 5030 COMMERCIAL RADIATOR 1,824.86 REBUILT RADIATOR FOR UNIT 5 /23 11/23/22 21 15840 2822 PACIFIC TOWING & TRA 1,100.00 TOW FOR UNIT 114 5 /23 11/23/22 21 15821 5181 HAAKER EQUIPMENT COM 250.00 TAX AND SHIPPING 5 /23 11/23/22 21 15821 5181 HAAKER EQUIPMENT COM 264.68 1: FAN BELT FOR UNIT 11 5 /23 11/23/22 21 15821 5181 HAAKER EQUIPMENT COM 29.42 CHANGE 1 -ADD MORE MONEY 5 /23 11/23/22 21 15821 5181 HAAKER EQUIPMENT COM 1,040.00 1: SUCTION HOSE FOR UNIT TOTAL EXPENDITURE CONTROL 22,937.41 16.09
2950 ENCUMBRANCE
5 /23 11/23/22 21 11787 5181 HAAKER EQUIPMENT COM 1,040.00 1: SUCTION HOSE FOR UNIT 5 /23 11/23/22 21 11787 5181 HAAKER EQUIPMENT COM 29.42 CHANGE 1 -ADD MORE MONEY 5 /23 11/23/22 21 11787 5181 HAAKER EQUIPMENT COM 264.68 1: FAN BELT FOR UNIT 11 5 /23 11/23/22 21 11787 5181 HAAKER EQUIPMENT COM 250.00 TAX AND SHIPPING 5 /23 11/23/22 21 11803 5030 COMMERCIAL RADIATOR 1,824.86 REBUILT RADIATOR FOR UNIT 5 /23 11/23/22 21 11837 2822 PACIFIC TOWING & TRA 1,100.00 TOW FOR UNIT 114 5 /23 11/23/22 21 11554 0068 GARY V. BURROWS, INC 16,225.86 FUEL 1246
PEI PAGE NUMBER: 9
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 040 - FLEET MAINTENANCE
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2950 ENCUMBRANCE (cont'd)
TOTAL ENCUMBRANCE .00 20,734.82
2960 ENCUMBRANCE-RESERVED
5 /23 11/23/22 21 11554 0068 GARY V. BURROWS, INC 16,225.86 FUEL 5 /23 11/23/22 21 11803 5030 COMMERCIAL RADIATOR 1,824.86 REBUILT RADIATOR FOR UNIT 5 /23 11/23/22 21 11837 2822 PACIFIC TOWING & TRA 1,100.00 TOW FOR UNIT 114 5 /23 11/23/22 21 11787 5181 HAAKER EQUIPMENT COM 29.42 CHANGE 1 -ADD MORE MONEY 5 /23 11/23/22 21 11787 5181 HAAKER EQUIPMENT COM 250.00 TAX AND SHIPPING 5 /23 11/23/22 21 11787 5181 HAAKER EQUIPMENT COM 264.68 1: FAN BELT FOR UNIT 11 5 /23 11/23/22 21 11787 5181 HAAKER EQUIPMENT COM 1,040.00 1: SUCTION HOSE FOR UNIT TOTAL ENCUMBRANCE-RESERVED 20,734.82 .00
TOTAL FLEET MAINTENANCE 43,688.32 43,688.32
1247
PEI PAGE NUMBER: 10
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 050 - WATER
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2020 ACCOUNTS PAYABLE
5 /23 11/23/22 21 15822 5546 INFOSEND 795.83 FEDEX DOOR HANGERS 5 /23 11/23/22 21 15822 5546 INFOSEND 25,385.77 FEDEX DOOR HANGERS 5 /23 11/23/22 21 15822 5546 INFOSEND 1,469.55 UTILITY BILLING STATEMENT 5 /23 11/23/22 21 15822 5546 INFOSEND 1,954.32 UTILITY BILLING STATEMENT 5 /23 11/23/22 21 15822 5546 INFOSEND 3,218.14 UTILITY BILLING STATEMENT 5 /23 11/23/22 21 15822 5546 INFOSEND 3,219.08 UTILITY BILLING STATEMENT 5 /23 11/23/22 21 15869 6663 SUSP, INC 130,052.50 LEMOORE CPO SERVICES 5 /23 11/23/22 21 15875 0450 USA NORTH 811 300.00 USA ALERT WATER 5 /23 11/23/22 21 15855 0363 PG&E 96,148.68 8260011937-2 OCT 22 5 /23 11/23/22 21 15850 0363 PG&E 4,670.20 4102932393-2 OCT22 5 /23 11/23/22 21 15845 0363 PG&E 37,882.76 0907889927-6 OCT 22 5 /23 11/23/22 21 15860 6627 PG&E NON ENERGY 346.06 SEPT 22 1253333 5 /23 11/23/22 21 15859 6627 PG&E NON ENERGY 445.37 1212651 OCT 22 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 88.26 287305196021 NOV 22 TOTAL ACCOUNTS PAYABLE .00 305,976.52
2940 EXPENDITURE CONTROL
5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 88.26 287305196021 NOV 22 5 /23 11/23/22 21 15859 6627 PG&E NON ENERGY 445.37 1212651 OCT 22 5 /23 11/23/22 21 15860 6627 PG&E NON ENERGY 346.06 SEPT 22 1253333 5 /23 11/23/22 21 15855 0363 PG&E 96,148.68 8260011937-2 OCT 22 5 /23 11/23/22 21 15845 0363 PG&E 37,882.76 0907889927-6 OCT 22 5 /23 11/23/22 21 15850 0363 PG&E 4,670.20 4102932393-2 OCT22 5 /23 11/23/22 21 15875 0450 USA NORTH 811 300.00 USA ALERT WATER 5 /23 11/23/22 21 15822 5546 INFOSEND 25,385.77 FEDEX DOOR HANGERS 5 /23 11/23/22 21 15822 5546 INFOSEND 3,219.08 UTILITY BILLING STATEMENT 5 /23 11/23/22 21 15869 6663 SUSP, INC 130,052.50 LEMOORE CPO SERVICES 5 /23 11/23/22 21 15822 5546 INFOSEND 3,218.14 UTILITY BILLING STATEMENT 5 /23 11/23/22 21 15822 5546 INFOSEND 1,954.32 UTILITY BILLING STATEMENT 5 /23 11/23/22 21 15822 5546 INFOSEND 1,469.55 UTILITY BILLING STATEMENT 5 /23 11/23/22 21 15822 5546 INFOSEND 795.83 FEDEX DOOR HANGERS TOTAL EXPENDITURE CONTROL 305,976.52 .00
2950 ENCUMBRANCE
5 /23 11/23/22 21 11796 5546 INFOSEND 795.83 FEDEX DOOR HANGERS 5 /23 11/23/22 21 11662 5546 INFOSEND 1,469.55 UTILITY BILLING STATEMENT 5 /23 11/23/22 21 11662 5546 INFOSEND 1,954.32 UTILITY BILLING STATEMENT 5 /23 11/23/22 21 11662 5546 INFOSEND 3,218.14 UTILITY BILLING STATEMENT 5 /23 11/23/22 21 11691 6663 SUSP, INC 130,052.50 LEMOORE CPO SERVICES 5 /23 11/23/22 21 11662 5546 INFOSEND 3,219.08 UTILITY BILLING STATEMENT 5 /23 11/23/22 21 11796 5546 INFOSEND 25,385.77 FEDEX DOOR HANGERS 5 /23 11/23/22 21 11836 0450 USA NORTH 811 300.00 USA ALERT WATER TOTAL ENCUMBRANCE .00 166,395.19
2960 ENCUMBRANCE-RESERVED
5 /23 11/23/22 21 11836 0450 USA NORTH 811 300.00 USA ALERT WATER 5 /23 11/23/22 21 11691 6663 SUSP, INC 130,052.50 LEMOORE CPO SERVICES 5 /23 11/23/22 21 11662 5546 INFOSEND 3,219.08 UTILITY BILLING STATEMENT 5 /23 11/23/22 21 11662 5546 INFOSEND 3,218.14 UTILITY BILLING STATEMENT 5 /23 11/23/22 21 11662 5546 INFOSEND 1,954.32 UTILITY BILLING STATEMENT 5 /23 11/23/22 21 11662 5546 INFOSEND 1,469.55 UTILITY BILLING STATEMENT 1248
PEI PAGE NUMBER: 11
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 050 - WATER
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2960 ENCUMBRANCE-RESERVED (cont'd)
5 /23 11/23/22 21 11796 5546 INFOSEND 25,385.77 FEDEX DOOR HANGERS 5 /23 11/23/22 21 11796 5546 INFOSEND 795.83 FEDEX DOOR HANGERS TOTAL ENCUMBRANCE-RESERVED 166,395.19 .00
TOTAL WATER 472,371.71 472,371.71
1249
PEI PAGE NUMBER: 12
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 052 - WATER INCIDENT FUND
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2020 ACCOUNTS PAYABLE
5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 136.50 SEPT LEGAL SVCS TOTAL ACCOUNTS PAYABLE .00 136.50
2940 EXPENDITURE CONTROL
5 /23 11/23/22 21 15833 5609 LOZANO SMITH, LLP 136.50 SEPT LEGAL SVCS TOTAL EXPENDITURE CONTROL 136.50 .00
TOTAL WATER INCIDENT FUND 136.50 136.50
1250
PEI PAGE NUMBER: 13
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 056 - REFUSE
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2020 ACCOUNTS PAYABLE
5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 534.59 287305196021 NOV 22 5 /23 11/23/22 21 15832 0234 KINGS WASTE AND RECY 75,267.60 TIPPING FEE'S OCT 22 5 /23 11/23/22 21 15832 0234 KINGS WASTE AND RECY 275.00 STARBUCK RECYCLE TOTAL ACCOUNTS PAYABLE .00 76,077.19
2940 EXPENDITURE CONTROL
5 /23 11/23/22 21 15832 0234 KINGS WASTE AND RECY 275.00 STARBUCK RECYCLE 5 /23 11/23/22 21 15832 0234 KINGS WASTE AND RECY 75,267.60 TIPPING FEE'S OCT 22 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 534.59 287305196021 NOV 22 TOTAL EXPENDITURE CONTROL 76,077.19 .00
2950 ENCUMBRANCE
5 /23 11/23/22 21 11553 0234 KINGS WASTE AND RECY 75,267.60 TIPPING FEE'S OCT 22 TOTAL ENCUMBRANCE .00 75,267.60
2960 ENCUMBRANCE-RESERVED
5 /23 11/23/22 21 11553 0234 KINGS WASTE AND RECY 75,267.60 TIPPING FEE'S OCT 22 TOTAL ENCUMBRANCE-RESERVED 75,267.60 .00
TOTAL REFUSE 151,344.79 151,344.79
1251
PEI PAGE NUMBER: 14
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 060 - SEWER& STORM WTR DRAINAGE
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2020 ACCOUNTS PAYABLE
5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 461.47 287305196021 NOV 22 5 /23 11/23/22 21 15858 0363 PG&E 23.82 9736454059-7 OCT 22 5 /23 11/23/22 21 15875 0450 USA NORTH 811 300.00 USA ALERT WASTEWATER 5 /23 11/23/22 21 15873 2799 TELSTAR INSTRUMENTS, 778.00 ELECTRIC PUMP CONTROL REP TOTAL ACCOUNTS PAYABLE .00 1,563.29
2940 EXPENDITURE CONTROL
5 /23 11/23/22 21 15873 2799 TELSTAR INSTRUMENTS, 778.00 ELECTRIC PUMP CONTROL REP 5 /23 11/23/22 21 15875 0450 USA NORTH 811 300.00 USA ALERT WASTEWATER 5 /23 11/23/22 21 15858 0363 PG&E 23.82 9736454059-7 OCT 22 5 /23 11/23/22 21 15801 5048 AT&T MOBILITY 461.47 287305196021 NOV 22 TOTAL EXPENDITURE CONTROL 1,563.29 .00
2950 ENCUMBRANCE
5 /23 11/23/22 21 11836 0450 USA NORTH 811 300.00 USA ALERT WASTEWATER 5 /23 11/23/22 21 11800 2799 TELSTAR INSTRUMENTS, 778.00 ELECTRIC PUMP CONTROL REP TOTAL ENCUMBRANCE .00 1,078.00
2960 ENCUMBRANCE-RESERVED
5 /23 11/23/22 21 11800 2799 TELSTAR INSTRUMENTS, 778.00 ELECTRIC PUMP CONTROL REP 5 /23 11/23/22 21 11836 0450 USA NORTH 811 300.00 USA ALERT WASTEWATER TOTAL ENCUMBRANCE-RESERVED 1,078.00 .00
TOTAL SEWER& STORM WTR DRAINAGE 2,641.29 2,641.29
1252
PEI PAGE NUMBER: 15
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 120 - FACILITIES RENTAL FUND
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2020 ACCOUNTS PAYABLE
5 /23 11/23/22 21 15813 T3271 DAVID ANDRADA 250.00 REFUND DEP 8000000256 TOTAL ACCOUNTS PAYABLE .00 250.00
2300 CUSTOMER DEPOSITS
5 /23 11/23/22 21 15813 T3271 DAVID ANDRADA 250.00 REFUND DEP 8000000256 TOTAL CUSTOMER DEPOSITS 250.00 .00
TOTAL FACILITIES RENTAL FUND 250.00 250.00
1253
PEI PAGE NUMBER: 16
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 155 - HOUSING AUTHORITY FUND
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2020 ACCOUNTS PAYABLE
5 /23 11/23/22 21 15865 4054 SELF-HELP ENTERPRISE 659.75 LOAN PORTFOLIO MANAGEMENT TOTAL ACCOUNTS PAYABLE .00 659.75
2940 EXPENDITURE CONTROL
5 /23 11/23/22 21 15865 4054 SELF-HELP ENTERPRISE 659.75 LOAN PORTFOLIO MANAGEMENT TOTAL EXPENDITURE CONTROL 659.75 .00
2950 ENCUMBRANCE
5 /23 11/23/22 21 11603 4054 SELF-HELP ENTERPRISE 659.75 LOAN PORTFOLIO MANAGEMENT TOTAL ENCUMBRANCE .00 659.75
2960 ENCUMBRANCE-RESERVED
5 /23 11/23/22 21 11603 4054 SELF-HELP ENTERPRISE 659.75 LOAN PORTFOLIO MANAGEMENT TOTAL ENCUMBRANCE-RESERVED 659.75 .00
TOTAL HOUSING AUTHORITY FUND 1,319.50 1,319.50
1254
PEI PAGE NUMBER: 17
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 201 - LLMD ZONE 1
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2020 ACCOUNTS PAYABLE
5 /23 11/23/22 21 15851 0363 PG&E 79.64 4729057332-9 SEPT 22 TOTAL ACCOUNTS PAYABLE .00 79.64
2940 EXPENDITURE CONTROL
5 /23 11/23/22 21 15851 0363 PG&E 79.64 4729057332-9 SEPT 22 TOTAL EXPENDITURE CONTROL 79.64 .00
TOTAL LLMD ZONE 1 79.64 79.64
1255
PEI PAGE NUMBER: 18
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 203 - LLMD ZONE 3 SILVA ESTATES
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2020 ACCOUNTS PAYABLE
5 /23 11/23/22 21 15851 0363 PG&E 49.33 4729057332-9 SEPT 22 TOTAL ACCOUNTS PAYABLE .00 49.33
2940 EXPENDITURE CONTROL
5 /23 11/23/22 21 15851 0363 PG&E 49.33 4729057332-9 SEPT 22 TOTAL EXPENDITURE CONTROL 49.33 .00
TOTAL LLMD ZONE 3 SILVA ESTATES 49.33 49.33
1256
PEI PAGE NUMBER: 19
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 206 - LLMD ZONE 6 CAPISTRANO
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2020 ACCOUNTS PAYABLE
5 /23 11/23/22 21 15851 0363 PG&E 9.86 4729057332-9 SEPT 22 TOTAL ACCOUNTS PAYABLE .00 9.86
2940 EXPENDITURE CONTROL
5 /23 11/23/22 21 15851 0363 PG&E 9.86 4729057332-9 SEPT 22 TOTAL EXPENDITURE CONTROL 9.86 .00
TOTAL LLMD ZONE 6 CAPISTRANO 9.86 9.86
1257
PEI PAGE NUMBER: 20
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 208B - LLMD ZONE 8B GREENS
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2020 ACCOUNTS PAYABLE
5 /23 11/23/22 21 15851 0363 PG&E 9.86 4729057332-9 SEPT 22 TOTAL ACCOUNTS PAYABLE .00 9.86
2940 EXPENDITURE CONTROL
5 /23 11/23/22 21 15851 0363 PG&E 9.86 4729057332-9 SEPT 22 TOTAL EXPENDITURE CONTROL 9.86 .00
TOTAL LLMD ZONE 8B GREENS 9.86 9.86
1258
PEI PAGE NUMBER: 21
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 210 - LLMD ZONE 10 AVALON
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2020 ACCOUNTS PAYABLE
5 /23 11/23/22 21 15851 0363 PG&E 19.73 4729057332-9 SEPT 22 TOTAL ACCOUNTS PAYABLE .00 19.73
2940 EXPENDITURE CONTROL
5 /23 11/23/22 21 15851 0363 PG&E 19.73 4729057332-9 SEPT 22 TOTAL EXPENDITURE CONTROL 19.73 .00
TOTAL LLMD ZONE 10 AVALON 19.73 19.73
1259
PEI PAGE NUMBER: 22
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 212 - LLMD ZONE 12 SUMMERWIND
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2020 ACCOUNTS PAYABLE
5 /23 11/23/22 21 15851 0363 PG&E 20.13 4729057332-9 SEPT 22 TOTAL ACCOUNTS PAYABLE .00 20.13
2940 EXPENDITURE CONTROL
5 /23 11/23/22 21 15851 0363 PG&E 20.13 4729057332-9 SEPT 22 TOTAL EXPENDITURE CONTROL 20.13 .00
TOTAL LLMD ZONE 12 SUMMERWIND 20.13 20.13
1260
PEI PAGE NUMBER: 23
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 251 - PFMD ZONE 1
ACCOUNT DATE T/C REFERENCE VENDOR/PAYER DEBIT CREDIT DESCRIPTION 2020 ACCOUNTS PAYABLE
5 /23 11/23/22 21 15851 0363 PG&E 41.91 4729057332-9 SEPT 22 5 /23 11/23/22 21 15876 7238 WESTSCAPES 61.96 REP BROKEN WATER LINE 5 /23 11/23/22 21 15876 7238 WESTSCAPES 11,452.32 FILL IN BARE AREAS IN THA TOTAL ACCOUNTS PAYABLE .00 11,556.19
2940 EXPENDITURE CONTROL
5 /23 11/23/22 21 15876 7238 WESTSCAPES 11,452.32 FILL IN BARE AREAS IN THA 5 /23 11/23/22 21 15851 0363 PG&E 41.91 4729057332-9 SEPT 22 5 /23 11/23/22 21 15876 7238 WESTSCAPES 61.96 REP BROKEN WATER LINE TOTAL EXPENDITURE CONTROL 11,556.19 .00
2950 ENCUMBRANCE
5 /23 11/23/22 21 11821 7238 WESTSCAPES 11,452.32 FILL IN BARE AREAS IN THA TOTAL ENCUMBRANCE .00 11,452.32
2960 ENCUMBRANCE-RESERVED
5 /23 11/23/22 21 11821 7238 WESTSCAPES 11,452.32 FILL IN BARE AREAS IN THA TOTAL ENCUMBRANCE-RESERVED 11,452.32 .00
TOTAL PFMD ZONE 1 23,008.51 23,008.51
1261
PEI PAGE NUMBER: 24
DATE: 11/23/2022 CITY OF LEMOORE AUDIT311
TIME: 14:37:05 GENERAL LEDGER TRANSACTION ANALYSIS
SELECTION CRITERIA: transact.batch='JV112322'
ACCOUNTING PERIOD: 5/23
FUND - 252 - PFMD ZONE 2