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(b)
(c)
(d)
Independent Contractor’s Protective;
Independent Contractors;
Products and Completed Operations (maintain same limits as above until five (5) years after recordation of Notice of Completion);
(e)
(f)
Personal and Advertising Injury (with Employer’s Liability Exclusion deleted); Contractual Liability (including specified provision for Contractor’s obligation under Article 11 of the General Conditions); and
(g) Broad Form Property Damage.
3. Umbrella or Excess Liability Insurance (over primary), if provided, shall be at least as broad as any underlying coverage. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no contractor’s limitation endorsement. The policy shall have starting and ending dates concurrent with the underlying coverages. The Named Insured may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits and complies with all other requirements listed here.
C. Business Automobile Liability Insurance
1. Business Automobile Liability Insurance must cover all vehicles, whether rented, leased, hired, scheduled, owned or non-owned. If Contractor does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Business Automobile Liability Insurance coverage amounts shall not be less than the following:
(a) TWO MILLION DOLLARS ($2,000,000) per occurrence for bodily injury (including accidental death) to any one person; and
(b)
(c)
TWO MILLION DOLLARS ($2,000,000) per occurrence for property damage; or TWO MILLION DOLLARS ($2,000,000) combined single limit.
D. Contractors Pollution Liability Insurance (CPL)
1. Contractor or Subcontractor shall obtain, pay for, and maintain for the duration of the Contract Contractors Pollution Liability insurance that provides coverage for liability caused by pollution conditions arising out of the operations of the Contractor. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using Subcontractors, the policy must include work performed “by or on behalf” of the insured.
2. The policy limit shall provide coverage of no less than one million dollars ($1,000,000) per claim and in the aggregate. Coverage shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically inured; cleanup costs; and costs of defense, including costs and expenses incurred in the
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investigation, defense, or settlement of claims.
3. All activities contemplated in the Contract shall be specifically scheduled on the CPL policy as “covered operations.” In addition, the policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.
4. The policy shall specifically provide for a duty to defend on the part of the insurer. City, its officers, employees and agents shall be added to the policy as additional insureds by endorsement.
2.0 GENERAL REQUIREMENTS—ALL POLICIES
A. Qualifications of Insurer. At all times during the term of this Contract, Contractor’s insurance company must meet all of the following requirements:
1. “Admitted” insurer by the State of California Department of Insurance or be listed on the California Department of Insurance’s “List of Surplus Line Insurers” (“LESLI”); Domiciled within, and organized under the laws of, a State of the United States; and Carry an A.M. Best & Company minimum rating of “A:VII”.
2. 3.
B. Continuation Coverage. For insurance coverages that are required to remain in force after the Final Payment, and if reasonably available, Contractor shall submit to City, with the final Application for Payment, all certificates and additional insured endorsements evidencing the continuation of such coverage.
C. Deductibles or Self-Insured Retentions. All deductibles or self-insured retentions are subject to City’s review and approval, in its sole discretion.
D. Commercial General Liability and Business Automobile insurance policies must be written on an “occurrence” basis and must add the City of Vernon and its officers, agents, employees and representatives as additional insureds.
E. Contractor’s Insurance Primary. Other insurance (whether primary, excess, contingent or selfinsurance, or any other basis) available to City, or its representatives, or both, is excess over Contractor’s insurance.
City’s insurance, or self-insurance, or both, will not contribute with Contractor’s insurance policy.
F. Waiver of Subrogation. Contractor and Contractor’s insurance company waive— and shall not exercise— any right of recovery or subrogation that Contractor or the insurer may have against City, or its representatives, or both.
G. Separation of Insureds. Contractor’s insurance policy applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the naming of multiple insureds will not increase an insurance company’s limits of liability.
H. Claims by Other Insureds. Contractor’s insurance policy applies to a claim or suit brought by an additional insured against a Named Insured or other insured, arising out of bodily injury, personal injury, advertising injury, or property damage.
I. Premiums. City is not liable for a premium payment or another expense under Contractor’s policy.
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J. At any time during the duration of this Contract, City may do any one or more of the following:
1. 2.
Review this Agreement’s insurance coverage requirements; Require that Contractor obtain, pay for, and maintain more insurance depending on City’s assessment of any one or more of the following factors:
(a) City’s risk of liability or exposure arising out of, or in any way connected with, the services of Contractor under this Agreement;
(b) The nature or number of accidents, claims, or lawsuits arising out of, or in any way connected with, the services of Contractor under this Agreement; or (c) The availability, or affordability, or both, of increased liability insurance coverage.
3. Obtain, pay for, or maintain a bond (as a replacement for an insurance coverage) from a California corporate surety, guaranteeing payment to City for liability, or costs, or both, that City incurs during City’s investigation, administration, or defense of a claim or a suit arising out of this Agreement; or
K. Contractor shall maintain the insurance policy without interruption, from the Project’s commencement date to the Final Payment date, or until a date that City specifies for any coverage that Contractor must maintain after the Final Payment.
L. Contractor shall not allow any insurance to expire, cancel, terminate, lapse, or non-renew.
Contractor’s insurance company shall mail City written notice at least thirty (30) days in advance of the policy’s cancellation, termination, non-renewal, or reduction in coverage and ten (10) days before its insurance policy’s expiration, cancellation, termination, or non-renewal, Contractor shall deliver to City evidence of the required coverage as proof that Contractor’s insurance policy has been renewed or replaced with another insurance policy which, during the duration of this Agreement, meets all of this Agreement’s insurance requirements.
M. At any time, upon City’s request, Contractor shall furnish satisfactory proof of each type of insurance coverage required— including a certified copy of the insurance policy or policies; certificates, endorsements, renewals, or replacements; and documents comprising Contractor’s self-insurance program— all in a form and content acceptable to the City Attorney or City’s Risk Manager.
N. If Contractor hires, employs, or uses one or more Subcontractor(s) to perform work, services, operations, or activities on Contractor’s behalf, Contractor shall ensure that the Subcontractor complies with the following.
1. 2.
Meets, and fully complies with, this Agreement’s insurance requirements; and Furnishes City at any time upon its request, with a complete copy of the Subcontractor’s insurance policy or policies for City’s review, or approval, or both. Failure of City to request copies of such documents shall not impose any liability on City, or its employees.
O. Contractor’s failure to comply with an insurance provision in this Agreement constitutes a material breach upon which City may immediately terminate or suspend Contractor’s performance of this Agreement, or invoke another remedy that this Agreement or the law allows. At its discretion and without waiving any other rights it may have pursuant to law, City has the right but not a duty to obtain or renew the insurance and pay all or part of the premiums. Upon demand, Contractor shall repay City for all sums or monies that City paid to obtain, renew, or
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reinstate the insurance, or City may offset the cost of the premium against any sums or monies that City may owe Contractor.
3.0 CONTRACTOR’S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS A. Contractor shall have its insurance carrier(s) or self-insurance administrator(s) complete and execute the following insurance documents and shall deliver said documents at the same time Contractor delivers this Agreement to City. City will neither sign this Agreement nor issue a “Notice to Proceed” until the City Attorney or City’s Risk Manager has reviewed and approved all insurance documents. City's decision as to the acceptability of all insurance documents is final. Sample insurance documents in the City’s approved format are set forth in this 4.
B. Required Submittals for Commercial General Liability and Business Automobile Insurance and Contractor’s Pollution Liability Insurance. The following submittals must be on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative – which fully meet the requirements of, and contain provisions entirely consistent with, all of the insurance requirements set forth herein.
1. 2.
3. “Certificate of Insurance”
“Additional Insured Endorsement”
Subrogation Endorsement: “Waiver of Transfer to Rights of Recover Against Others” Both Certificates of Insurance and Additional Insured Endorsements must read as follows: “The City of Vernon, and its officers, agents, employees and representatives are included as additional insureds under the policy(s). This insurance is primary to all other insurance of the City. The City’s insurance and self-insurance will apply in excess of, and will not contribute with this insurance. This insurance applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or a suit is brought. The issuing company shall mail thirty (30) days advance notice to the City for any policy cancellation, termination, non-renewal, or reduction in coverage.” C. Required Submittals for Workers’ Compensation Insurance. Contractor shall provide City with a certificate of insurance and a subrogation endorsement on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative – which fully meet the requirements of, and contain provisions entirely consistent with, this Contract’s workers compensation insurance requirements. If Contractor is self-insured for workers’ compensation, a copy of the “Certificate of Consent to Self-insure” from the State of California is required; or if Contractor is lawfully exempt from workers’ compensation laws, an “Affirmation of Exemption from Labor Code §3700” form is required.
D. Required Evidence of Builder’s Risk Coverage. City will provide a certificate of insurance and a declarations page on a form satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative. The policy terms must fully meet the requirements of, and contain provisions entirely consistent with, all of the insurance requirements set forth herein. The City shall be named as a loss payee on the insurance policy for the full replacement value of all buildings, structures, fixtures and materials to be constructed, maintained, repaired or supplied pursuant to this Contract.
E. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that all required coverage is provided. Contractor agrees to obtain certificates evidencing such coverage.
F. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
G. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
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H. Any “self-insured retention” must be declared and approved by City. City reserves the right to require the self-insured retention to be eliminated or replaced by a deductible. Self-funding, policy fronting or other mechanisms to avoid risk transfer are not acceptable. If Contractor has such a program, Contractor must fully disclose such program to City.
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EXHIBIT 5
Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit
CITY OF VERNON
PUBLIC WORKS DEPARTMENT
Construction Stormwater Program
Permit Number: Date:
Applicant: Phone:
Project Address:
Property Owner:
Contractor:
Contractor’s Address:
The National Pollutant Discharge Elimination System (NPDES) is a portion of the Clean Water Act that applies to the protection of receiving waters. Under permits from the Los Angeles Regional Water Quality Control Board (RWQCB), certain activities are subject to RWQCB enforcement. To meet the standards of the Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watershed of Los Angeles County, Except those Discharges Originating from the City of Long Beach MS4 (CAS004001), the City of Vernon has adopted minimum standards for stormwater runoff from development construction activities.
These minimum standards require the implementation of an effective combination of erosion and sediment control Best Management Practices (BMPs) to prevent erosion and sediment loss, and the discharge of construction waste at each site. At a minimum, the construction activity associated with the construction project identified above shall be conducted in such a manner that: Prevents illicit construction-related discharges of pollutants into the MS4 and receiving waters. Implements and maintains structural and non-structural BMPs to reduce pollutants in stormwater runoff from construction sites.
Reduces construction site discharges of pollutants to the MS4 to the maximum extent practicable. Prevents construction site discharges to the MS4 from causing or contributing to a violation of water quality standards.
Note: The Stormwater BMP Construction Handbook sheets developed by the California Stormwater Quality Association shall be used as guidance in determining and implementing required BMPs. The BMP sheets may be reviewed at the Public Works Department counter during regular business hours. A General Construction Permit shall be obtained and maintained for all construction sites one (1) acre or greater. Additional conditions may be required for these sites.
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I have read and understand the requirements listed above and certify that I will comply with the minimum requirements above.
Signature:
Print Name:
Title:
Property Owner:
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EXHIBIT A6
Statement of Intent to Comply with Minimum Requirements of the California Covid-19 Industry Guidance: Construction
CITY OF VERNON
PUBLIC WORKS DEPARTMENT
Project Address:
Property Owner:
Contractor:
Contractor’s Address:
The latest COVID-19 industry guidelines can be accessed at the following web address:
https://www.dir.ca.gov/dosh/coronavirus/Guidance-by-Industry.html This document provides guidance for the construction industry to support a safe, clean environment for workers. The guidance is not intended to revoke or repeal any worker rights, either statutory, regulatory or collectively bargained, and is not exhaustive, as it does not include county health orders, nor is it a substitute for any existing safety and health-related regulatory requirements such as those of Cal/OSHA.1 Stay current on changes to public health guidance and state/local orders, as the COVID-19 situation continues. Cal/OSHA has more safety and health guidance on their Cal/OSHA COVID-19 Infection Prevention for Construction 2 Employers and Workers webpage.
CDC has additional guidance for businesses and employers.
I have read and understand the requirements listed above and certify that I will comply with the minimum requirements above.
Signature:
Print Name:
Title:
Date: ___________________
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EXHIBIT B
SPECIAL PROVISIONS
SPECIFIC FOR THIS PROJECT
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EXHIBIT B – SPECIAL PROVISIONS
SPECIFIC FOR THIS PROJECT
Citywide Striping and Pavement Markings
FY22-23
Contract No. 20230179
EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20230179
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Table of Contents
A. General..................................................................................................................................................3
1. 2.
3. 4.
5. 6.
7. 8.
9. Scope of Work..................................................................................................................................3 Specifications ...................................................................................................................................3 Length of Contract ...........................................................................................................................3 Liquidated Damages.........................................................................................................................3 Delays and Extensions of time.........................................................................................................3 Quality of Work................................................................................................................................4 Unit Prices........................................................................................................................................4 Extra Work .......................................................................................................................................4 Compliance with Laws, Regulations, and Safe Practices .................................................................4 B. Construction Phase Specifications........................................................................................................4
1. 2.
3. 4.
5. 6.
7. 8.
9. Scheduling of Work..........................................................................................................................4 Material Submittals..........................................................................................................................5 Weather Limitations ........................................................................................................................5 Construction Hours..........................................................................................................................5 Traffic Control ..................................................................................................................................5 Protection of the Public ...................................................................................................................6 Noise Restrictions ............................................................................................................................6 Construction Order of Work ............................................................................................................7 Character of Workers.......................................................................................................................7
10. Examination of Site ..........................................................................................................................7
11. Mobilization .....................................................................................................................................7
12. Dust Control.....................................................................................................................................8
13. Best Management Practices (BMP’s)...............................................................................................8
14. Cleaning of Site During Construction...............................................................................................8
15. Sanitary Facilities .............................................................................................................................8
16. Final Cleaning of Site and Restoration.............................................................................................8
17. Contractor Responsibility.................................................................................................................8 C. Material Specifications..........................................................................................................................9
1. Striping Improvements ....................................................................................................................9 a. General..........................................................................................................................................9 b. Paint Materials..............................................................................................................................9 c. Stencils ........................................................................................................................................10 EXHIBIT B – SPECIAL PROVISIONS
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A. General
1. Scope of Work
This project consists of furnishing and installing traffic striping, pavement markers, and pavement markings (legends) over existing traffic striping per Attachments “A” and “B” incorporated into this Agreement by this reference.
2. Specifications
Installation and payment for all the work shall conform to the Standard Specifications for Public Works Construction (2021 Edition), State of California Department of Transportation (Caltrans) Standard Plans and Standard Specifications (2022 Edition), latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD), and the City of Vernon Standard Plans. The Standard Specifications for Public Works Construction (2021 Edition) shall be referred to hereafter as the Standard Specifications. The Caltrans Standard Plans (2022 Edition) shall be referred to hereafter as the Caltrans Standard Plans.
3. Length of Contract
All work in this project shall be completed within thirty (30) calendar days from the Notice to Proceed.
4. Liquidated Damages
In accordance with Section 6-9 of the Standard Specifications, for each consecutive calendar day in excess of the time specified for completion of the work, as adjusted in accordance with Section 6-9 of the Standards Specifications, the Contractor shall pay to the agency, or have withheld from monies due it, the sum of two hundred and fifty ($250) per calendar day.
5. Delays and Extensions of time
The provisions of Section 6-4 entitled "Delays and Extensions of Time" of the Standard Specifications shall apply except as modified and supplemented below.
The second paragraph of subsection 6-4.1 is hereby deleted and the following paragraph shall be inserted in its place:
No extension of time will be granted for a delay caused by the inability of the Contractor to obtain materials, equipment and labor, except as authorized by the City Engineer. The length of contract time stipulated includes any time which may be required to obtain materials, equipment and labor, and the Contractor in submitting a bid shall be deemed to have ascertained the availability of materials, equipment and labor and considered same in his/her proposed construction schedule.
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6. Quality of Work
The provisions of Section 3 entitled "Control of the Work" of the Standard Specifications shall apply. In addition, any work deemed unacceptable by the City Engineer, whether a cause is determined or not shall be repaired or replaced by the Contractor at his/her expense.
7. Unit Prices
All costs not covered by specific unit prices but required for a complete job in place, shall be included in the items most related to the work.
8. Extra Work
In the event the City and the Contractor are unable to negotiate an agreed price for extra work, which is acceptable to both parties, payment shall be made based on time and materials as follows: • Work by the Contractor: The following percentages shall be added to the Contractor's cost and shall constitute the markup for all overhead and profits:
1. 2.
3. 4.
Labor 33%
15%
15%
15%
Materials
Equipment Rental
Other Items and Expenditures
• Work by the Subcontractor: When all or any part of the extra work is performed by a subcontractor, the markup provided by the Contractor as mentioned above shall apply to the subcontractor’s actual costs. A markup of 5% of the subcontracted portion of each extra work may be added for the Contractor.
9. Compliance with Laws, Regulations, and Safe Practices The Contractor shall perform all work in a safe, competent manner and in accordance with all federal, state, and local statues, regulations, ordinances, rules, and governmental orders. The Contractor will be solely and completely responsible for the conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. Inspection of the Contractor's performance by the City, its agents, or employees is not intended to include review of the adequacy of the Contractor's safety measures in or near the job site.
B. Construction Phase Specifications
1. Scheduling of Work
The Contractor shall submit his/her work schedule to the City Engineer prior to the preconstruction meeting. The construction schedule shall show the sequence of work, critical path EXHIBIT B – SPECIAL PROVISIONS
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and estimated time for completion of each segment of work. This schedule must be reviewed and accepted by the City Engineer before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed schedule forecasting two weeks of work describing each day’s work. This schedule shall be updated and submitted to the City every other Monday during the construction period. The Contractor shall give 48 hours’ notice to the City Engineer prior to the start of the work.
2. Material Submittals
The Contractor shall provide all required submittals including, but not limited to the following: • Shop drawings • Materials and mix designs (submitted upon reward of the contract for review and approval before the construction); and
The “Notice to Proceed” will not be issued to the Contractor until all the submittals have been reviewed and approved by the City.
3. Weather Limitations
Placement operations shall not be performed during wet conditions or if rain or cold conditions (less than 45°F) are imminent or predicted to exist at any time. “Imminent or predicted” is defined as being forecasted within a 48-hour period on the National Weather Service Web Site http://www.wrh.noaa.gov for the most representative and nearest location listed where placement is to begin and end.
4. Construction Hours
Work shall be completed Monday through Friday between the hours of 9:00 pm to 5:00 am.
5. Traffic Control
Contractor shall provide all necessary traffic control and no extra compensation will be paid to the contractor.
The Contractor shall comply with Section 600 and 601 of the Standard Specifications and provide safe and continuous passage for pedestrian and vehicular traffic at all times. The Contractor shall provide and maintain all necessary flagmen, barricades, delineators, signs, flashers and any other safety equipment as set forth in the latest publication of the State of California, Division of Highways, Traffic Manual or as required by the City Engineer to ensure safe passage of traffic.
The following provisions shall apply unless otherwise directed by the City Engineer. • Traffic control shall be conducted in accordance with the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD).
• Traffic Control Work shall include all labor, materials, tools, equipment, transportation and incidentals necessary to maintain and control all vehicular and pedestrian traffic EXHIBIT B – SPECIAL PROVISIONS
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through the construction site. The cost of furnishing and maintaining traffic control during the construction including flagmen as necessary must be included in the various bid items, and no extra compensation will be paid to the Contractor. • The posting of "NO PARKING" signs within the construction limits is permitted with the approval of the City Engineer. "NO PARKING" signs shall contain a "TOW AWAY" warning.
These signs shall be furnished and maintained by the Contractor and shall be of the type approved by the City Engineer. Each sign posted shall have the date and time indicating the duration of the "NO PARKING" prohibition printed clearly in a manner acceptable to the City Engineer. New signs shall be posted when changes occur in the parking prohibitions indicated on the previously posted signs. Signs must be posted at least seventy-two (72) hours in advance of construction or they are invalid. Signs shall not be attached to trees or taped to street light or traffic signal poles. Contractor shall only post "NO PARKING SIGNS" on one side of the street at a time unless otherwise approved by the City Engineer. The signs shall be effective for no more than five (5) working days and shall be removed within twenty-four (24) hours after the work is complete. If signs are not removed in a timely manner, the City Engineer may suspend all work until the signage requirement is corrected. All signs, lights and other warning devices used shall be in accordance with State of California Business and Transportation City Department of Public Works Manual of Warning Signs, Lights and Devices for Use in Performance of Work upon Highways.
6. Protection of the Public
The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under the contract. Whenever, in the opinion of the City Engineer, a condition exists in which the Contractor has not taken sufficient precaution of public safety, protection of utilities, and/or protection of adjacent structures or property, the City Engineer will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the City Engineer, or in the event of an emergency situation, the City Engineer may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the City Engineer, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor.
7. Noise Restrictions
The Contractor may not operate certain power equipment, within a residential area or within a radius of five-hundred (500) feet from a residential area, except during the following times:
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• From 7:00 am to 4:00 pm, Monday through Thursday • From 6:00 am to 5:00 pm on Saturday and Sunday In addition, the noise level from the Contractor's operations shall not exceed eighty-five (85) dBA when measured within a one hundred (100) foot radius at any time.
8. Construction Order of Work
Work shall be scheduled so as to lessen the impact upon businesses. All construction shall conform to the latest edition of the Standard Specifications and shall proceed in a smooth, efficient, timely and continuous manner. As such, once construction is started in a work area, the Contractor will be required to work continuously in that work area until construction has been completed and the work area is open and accessible to both vehicular and pedestrian traffic in a manner approved by the City Engineer before the next stage of work will be allowed to begin.
Once construction is started in a work area, the Contractor shall not withdraw manpower or equipment from that work area in order to start construction in another work area if doing so, in the opinion of the City Engineer, delays the completion of the work presently under construction.
The Contractor shall maintain continuous access to all residents and businesses within the project limits, including drive approaches, unless the Contractor has obtained the approval of the City Engineer to close either such access or drive approach.
No stockpiling of material and construction equipment on public streets or sidewalks will be permitted on this project unless approved by the City Engineer. Material and equipment placed on public streets, sidewalks and on the construction areas shall be used the same day.
9. Character of Workers
If any subcontractor or person employed by the Contractor shall fail or refuse to carry out directions of the City Engineer or shall appear to the City Engineer to be incompetent or act in a disorderly or otherwise improper manner, he/she shall be immediately discharged from the project on the request of the City Engineer, and such person shall not be reemployed on the work. If said individual has an ownership interest in the contracting entity, the City Engineer will serve written notice upon the Contractor and the Surety providing the faithful performance bond, in accordance with Section 6-8, "Termination of the Contractor by Default" of the Standard Specifications, demanding complete and satisfactory compliance with the Contract.
10. Examination of Site
The Contractor is required to examine the site and judge for themselves the location. Physical conditions, substructures and surroundings of the proposed work.
11. Mobilization
The cost of all preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the project site must be included in the various bid items, and no extra compensation will be paid to the Contractor.
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12. Dust Control
Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall abate dust nuisance by cleaning, sweeping and sprinkling water, or other means as necessary when requested by the City. Failure of the Contractor to comply with the City Engineer cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation or extension of contract completion time will be allowed as a result of such suspension. The cost of furnishing and operating dust control during the construction project shall be included in the various bid items, and no extra compensation will be paid to the Contractor.
13. Best Management Practices (BMP’s)
The Contractor shall submit a copy of their Best Management Practices (BMPs) to the City Engineer for review ten (10) days prior to the beginning of any work.
The Contractor is hereby notified that specific construction practices in the Standard Specifications, Section 3-12.6.2, “Best Management Practices (BMPs)” are considered to be Best Management Practices. The Contractor shall implement and maintain such BMP’s as are relevant to the work, and as are specifically required by the Plans or Special Provisions. The Contractor shall not commence activity until the BMP submittal has been reviewed and approved.
14. Cleaning of Site During Construction
During construction, all existing improvements, including pavement, sidewalk, curb and gutter, adjacent to the work area shall be swept free from soils, gravel, dirt or debris on a daily basis.
The Contractor is responsible for maintaining all sidewalk, curb and gutter areas within the construction zone free from loose materials at all times.
15. Sanitary Facilities
The Contractor shall furnish and maintain sufficient sanitary facilities by the worksites for the entire duration of construction activities. The cost of furnishing and maintaining sufficient sanitary facilities shall be included in the various bid items, and no extra compensation will be paid to the Contractor.
16. Final Cleaning of Site and Restoration
The Contractor shall be responsible for cleaning and restoration of all damaged existing improvements such as sidewalk, driveway, curb and gutter, and private property at no cost to the City. The Contractor shall remove all loose aggregates by sweeping all the sidewalks and gutters. The cost of furnishing and operating such sweeping after the construction of the project must be included in the various bid items, and no extra compensation will be paid to the Contractor.
17. Contractor Responsibility
The Contractor shall be responsible for the final product and shall make any quality control, adjustments and corrections necessary to obtain the final product accepted by the City Engineer.
The Contractor shall perform process and quality control sampling and testing and exercise EXHIBIT B – SPECIAL PROVISIONS
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management control the work of his/her subcontractors, technicians and workers to ensure that the milling, transporting, spreading, compaction, and finishing processes conform to these Specifications. The City Engineer shall have unrestricted access to the laboratory, sampling, testing sites, and all information resulting from mix design and quality control activities. All Quality Control testing results shall be submitted to the City Engineer on a daily basis.
C. Material Specifications
1. Striping Improvements
a. General
Furnishing and installing traffic striping, pavement markers, and pavement markings (legends) shall conform to Section 214 of the Standard Specifications and/or the provision in Section 84 “Traffic Stripes and Pavement Markings”, and in Section 85, “Pavement Markers” of the Caltrans Standard Specifications. Once the submittals have been approved by the City, the striping of all the street shall be installed with one coat of water based Ennis paint with beads. Traffic striping shall be placed upon the finished asphalt concrete or PCC pavement surface per the existing conditions. The Contractor shall be responsible for the completeness and accuracy of the layout and re-striping to the satisfaction of the City.
A blue retro reflective raised pavement marker per Caltrans Traffic Manual Section 6-03.4, Figure 6-44 shall be placed at all fire hydrant locations where needed.
Caltrans Standard Plans (2022 Edition) shall apply to all lane line striping, pavement markings, legends, turn arrows, numbers etc. The Contractor shall provide all required templates/stencils at no additional cost to the City of Vernon. b. Paint Materials
Furnishing and installing traffic striping, pavement markers, and pavement markings (legends) shall conform to Section 214 of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION “GREENBOOK” (2022 Edition and supplements) and/or the provision in Section 84 “Traffic Stripes and Pavement Markings”, and in Section 85, “Pavement Markers” of the Cal Trans State Specifications. The paint to be used on all work done under this contract shall be Ennis Paint Company, water-based traffic paint, 8010- 20MAX white and 8010-20MAX lead-free yellow and shall conform to the Standard Specifications Section 214. Paint shall be installed per manufacturer’s instructions and the Special Provisions.
Beads Materials: • Beads shall be colorless and free from milkiness. • No. 2 beads shall be used. • Beads shall be kept in a dry storage to prevent moisture absorption. • Beads shall be applied uniformly at the rate of five (5) pounds to seven (7) pounds of beads per gallon of paint.
EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20230179
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• Beads shall be uniformly heated to not less than eighty (80) degrees Fahrenheit when applied.
The cost of all paints, beads, other material and equipment required to complete the job must be included in the respective lump sum bid item, and no extra compensation will be paid to the contractor.
c. Stencils
Contractor shall provide stencils for all pavement markings (legends) per the 2022 Edition of the Caltrans Standard Plans at no additional cost to the City of Vernon.
EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20230179
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ATTACHM
ENT "A"
STRE
ET 27T H
45TH
ST.
46TH
ST.
53RD
STREET
54TH
STREET 55T H STRE
ET
STRE
ET
55TH
STREET
56TH
STREET
57TH
STREET
58TH
STREET
57T H
SCALE IN
FEET
600
0 200 5
SLAUS
ON
AVE SLAUS
ON
AVEN
UE
CITY OF
VERNON
LEGE
ND: STRIPING CITYWIDE IMPROVEMENTS STRIPING AND
PAVEMENT
MARKINGS
FY22-23
. . . .
Item 17 Page 128 of 192
ATTACHME
NT "B"
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EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY PRACTICES A. Contractor certifies and represents that, during the performance of PROVISIONS this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities.
B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because D. Contractor agrees to provide the City with access to, and, if of their membership in a protected class. requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law.
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NOTICE INVITING BIDS for
Citywide Striping and Pavement Markings FY22-23 in the
City of
Vernon
One original sealed bid must be signed and submitted prior to 2:00 p.m., May 3, 2023, to the City Clerk’s Office, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, (“Bid Deadline”). All bids shall be enclosed in sealed envelopes, distinctly marked “Bid” with the title of the bid and the bidder’s name and address appearing on the outside. Bids shall be clearly titled and should be mailed or delivered in person before 2:00 p.m. on the Bid Deadline. LATE SUBMITTALS WILL NOT BE ACCEPTED. Bids will be opened in the City Clerk’s Office at 2:00 pm on Wednesday, May 3, 2023. At the bid opening, the City Clerk shall open bid packages and acknowledge the receipt of Bids. Once all Bid Packages are opened and announced, the contents (collectively, the “Completed Bid Forms” and the uncompleted forms, the “Bid Forms”) will be made available for public review. Except as set forth in Paragraph 22 (“Public Records”), the Completed Bid Forms, once removed from the Bid Packages by the City Clerk, will be a matter of public record.
Bid Documents, Plans and Specifications are available at no charge at www.cityofvernon.org/planetbids.
City of Vernon Contact Person
:
Public Works
Attention: Lissette Melendez, Department
Project Engineer
Phone: (323) 583-8811 ext. 246
Email: [email protected]
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Mandatory Qualifications for Bidder and Designated Subcontractors:
A Bid may be rejected as non-responsive if the Bidder fails to meet the essential requirements for qualification. General Scope of Work:
Contractor shall furnish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The Work in the Bid is defined in the Project Drawings and Specifications and will generally include: Furnish and install traffic striping, pavement markers, and pavement markings (legends) over existing traffic striping per Attachment “A” and “B”.
The work shall be done in accordance with City Contract No. 20230179 ; “Greenbook” Standard Specifications for Public Works Construction (2022 Edition), State of California Department of Transportation (Caltrans) Standard Plans (2022 Edition) and the State of California Department of Transportation (Caltrans) Standard Specifications (2022 Edition).
In the event of any conflicts, refer to the “Procedure of Contract Documents” contained in General Conditions, Section 1.10.
Mandatory Qualifications for Bidder and Designated Subcontractors:
A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the essential requirements for qualification. As part of the Bidder’s Statement of Qualifications, each Bid must establish that: Bidder satisfactorily completed at least three (3) prevailing wage public contracts in California; each comparable in scope and scale to this Project, within three (3) years prior to the Bid Deadline and with a dollar value in excess of the Bid submitted for this Project. Other Bidding Information:
1. Contract Time: This Work must be completed within
commencement as established by the City’s 30 calendar days from the date of written Notice to Proceed. 2.
3. 4.
Amount of Liquidated Damages: $250.00 Bidding Documents. Bids must be made on the per calendar day.
Proposal Form contained herein.
Engineer’s Estimate. An Engineer’s Estimate of the cost of construction of this Work has
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been prepared. Said estimate is in the range of $200,000 to $225,000.
5. Acceptance or Rejection of Bids. The City reserves the right to reject any and all bids, to award all or any individual part/item of the bid, and to waive any informalities, irregularities or technical defects in such bids and determine the lowest responsible bidder, whichever may be in the best interests of the City. No late bids will be accepted, nor will any oral, facsimile or electronic bids be accepted by the City.
6. Contractor’s License. At the time of the Bid
performance of the Work, including full completion of all Deadline and at all times during corrective work during the Correction
Period, Contractor must possess a California contractor’s license or licenses, current and active, of the classification required for the Work, in accordance with the provisions of Chapter 9, Division 3, Section 7000 et seq. of the Business and Professions Code. In compliance with Public Contract Code Section 3300, the City has determined that the Bidder must possess the following license(s): A, General Engineering Contractor, or C-32, Parking and Highway Improvement Contractor from the California State License Board. The Bidder will not receive a Contract award if at the time of submitting the bid, the Bidder is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active. If the City discovers at the time of the Bid Deadline that Contractor is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active, the City may reject the Bid, cancel the award, declare the Bid Bond as forfeited, keep the Bid Bond’s proceeds, and exercise any one or more of the remedies in the Contract Documents in addition to those provided by law.
7. Subcontractors’ Licenses and Listing. Bidders must
Bidder must disclose under Public Contract Code Section list each Subcontractor whom the 4104 (Subcontractor Listing Law), and
the Bidder must provide all of the Subcontractor information that Section 4104 requires (name, address, license number, public works contractor registration number issued pursuant to Labor Code Section 1725.5, and portion of the Work). An inadvertent error in the license number or public works contractor registration number will not be considered nonresponsive if corrected within 24 hours after the bid opening. In addition, the City requires the Bidder to list the dollar value of each Subcontractor’s labor or services. The City reserves the right to review and disqualify any proposed Subcontractor. The City’s disqualification of a Subcontractor does not disqualify a Bidder. In such case, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor— without an adjustment of the Bid Amount. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor’s license must be current and active for the portion of the Work listed and shall hold all specialty certifications required for such Work.
8. Permits, Inspections, Plan Checks, Governmental
Authorizations. The Contractor shall not start work in Approvals, Utility Fees and Similar the City until an application for an
Encroachment Permit (No-Fee) is approved. 9. Bid Forms and Security: Each Bid must be made on Public Works Department. Each Bid shall be accompanied the Bid Forms obtainable at the by a cashier’s check or certified
check drawn on a solvent bank, payable to “City of Vernon,” for an amount equal to ten percent (10%) of the total maximum amount of the Bid. Alternatively, a satisfactory corporate surety Bid Bond for an amount equal to ten percent (10%) of the total maximum amount of the Bid may accompany the Bid. Said security shall serve as a guarantee that the successful Bidder will,
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within fifteen (15) calendar days after the date of the award of the contract, enter into a valid contract with the City for said Work in accordance with the Contract Documents. 10. Bid Irrevocability. Bids shall remain open and valid the Bid for ninety (90) calendar days after
Deadline. 11. Substitution of Securities. Pursuant to California substitution of securities for withheld funds is Public Contract Code Section 22300, permitted in accordance therewith. 12. Prevailing Wages. This Project is a “public work” as Section 1720. Contractor awarded this Contract and all defined in California Labor Code Subcontractors of any tier shall not pay
less than the minimum prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Work. The Director of Industrial Relations of the State of California, pursuant to the California Labor Code, and the rates determined by the California Director of Industrial Relations are available online at www.dir.ca.gov/DLSR/PWD/.
13. Payroll Records. Pursuant to SB 854, Contractor and any Subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). 14. Registration with the Department of Industrial Relations (DIR). No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR.
Carlos Fandino
City Administrat Dated: ___________ (Approved as to form by or the City Attorney’s Office) Published: _______
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City of Vernon
Instructions for Bidders
Project: Citywide Striping and
Pavement Markings FY22-23
for the Department of Public
City personnel with whom prospective Works bidders will deal with are:
Lissette Melendez, Project Engineer, Public Works Department, 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 ext. 246, [email protected]. Bid opening date and time: Wednesday, May 3, 2023 at 2:00 pm (“Bid Deadline”).
Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058.
The bid must be received by the City Clerk’s Office prior to the time set for bid opening. A bid received by the City Clerk’s Office after the time set for the bid opening is a non-responsive bid and shall not be considered. GENERAL BID REQUIREMENTS
To be considered, a bidder must strictly follow the format for bids in the specifications. Bids must be binding and firm. Any bids may be withdrawn before bid opening, but bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 1.
2. CONTRACTORS LICENSE The Bidder must possess a valid State of California Contractors License and must list type in the classification(s) specified in the Notice Inviting Bids at the time of the Bid Deadline and at all times during the performance of the Work, except as otherwise provided in California Business and Professions Code Section 7028.15.
INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND
ADDENDA
A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of any part of the Bidding Documents, or who finds discrepancies, errors or omissions therein or who finds variances in any of the Bidding Documents with applicable law, such Bidder shall at once submit a written request for an interpretation or correction thereof to the City’s representative identified in the Notice Inviting Bids, or other designated individual. All Bidders shall submit such written requests to City not less than ten (10) calendar days prior to the Bid Deadline. The person or entity submitting the request shall be responsible for its prompt delivery to City’s Contact Person identified in the Notice Inviting Bids.
Any interpretation or correction will be made only by Addendum issued by the City and a copy of such Addendum will be delivered to all Interested Bidders of record. Page 11 of 178
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Any Addenda so issued must be acknowledged in the Bid and the cost of performing Work described in the Addenda shall be included in the Bid. Bidder’s failure to acknowledge receipt of all Addenda may result in rejection of the Bid as nonresponsive. No person is authorized to render an oral interpretation or correction of any Bidding Documents and no Bidder may rely on any such oral interpretation or correction issued by the City. The City shall not be responsible for any other explanation or interpretation of the Drawings or Specifications, or for any oral instructions. City reserves the right to extend the Bid Deadline by issuing an Addendum to Interested Bidders no later than 72 hours prior to the Bid Deadline.
Bidders shall use complete sets of Bidding Documents in preparing Bids; City shall not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.
B. Adden da will be mad eavaila ble for inspecti
on
at
www.cityofvernon.org/planetbids. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued and the Bidder shall
3. acknowledge their receipt in the Bid.
4. OBTAINING DRAWINGS AND DOCUMENTS Bidder may secure Bidding Documents only from the location specified in the Notice Inviting Bids. City will maintain a list of persons who obtained a copy of these Specifications (“Interested Bidders”). Only Interested Bidders will receive Addenda, if so issued. BID FORMS – SUBMITTAL
A.
B.
The Bids shall be made on the forms provided herein with all blank spaces properly filled in.
The phraseology shall not be changed, and no additions shall be made to the items mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions attached to a Bid will render it informal and may cause its rejection. All forms requiring specific information shall be completed with all applicable information for a Bid to be considered responsive.
C. Include all Bid Forms, properly executed, and intact on forms provided. Enclose the Bid Forms in a sealed envelope; type or print on the envelope "BIDS for" followed by the title and Specification Number and the date and time of the Bid Deadline, and the Bidder's name and address. The envelope may be mailed, hand delivered, or delivered by courier or package delivery service.
D.
E.
One Original Bid shall be hand delivered, delivered by courier or package delivery service to the Office of the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058. Bids received after the Bid Deadline or at any place other than the Office of the
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City Clerk will not be considered.
5. BID FORMS – AUTHORIZED SIGNATURES A. The full name, business address, zip code, and business telephone number, with area code of the individual, partnership, joint venture, or corporation submitting the Bid shall be typewritten or legibly printed on the Bid Forms. The Bidder shall sign the form with his/her usual wet ink signature. B.
C.
Sole Proprietorship: An individual shall sign.
Partnership (General or Limited): A partner shall sign for a partnership; the partner shall give the names and addresses of all partners.
D. Corporation: An officer shall sign for a corporation. The corporate name must be attested by the corporate seal. The names and titles of the president and all officers of the corporation who are authorized to sign the Bid Forms must be listed in an authenticated Incumbency Certificate signed by the corporate secretary.A signature other than a corporate officer’s will be accepted only if an authenticated Incumbency Certificate is attached.
E. Joint Venture: Bidders shall use the appropriate section(s) listed above in B-D, based on their applicable situation. 6. BID FORMS – SCHEDULE OF BID PRICES A. The Bidder shall include in his/her Bid price(s) any and all expense or costs that may be necessary to complete the project in accordance with the requirements of the Contract. The cost of all mobilization, preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the various project sites must be included in the various bid items, and no extra compensation will be paid to Contractor.
B. The Bidder shall state for each item on the Schedule of Bid Prices form, in clearly legible figures, the Base Bid, the alternates, and the unit price and item total or lump sum, as the case may be, for which he/she proposes to supply labor, materials, and equipment and to perform the Work. Bids must not contain any erasures, interlineations, strike-throughs or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure or correction the initials of the person(s) signing the Bid. If any Bid, or portion thereof, is determined by the City to be illegible, ambiguous or inconsistent, City may reject such a Bid as being non-responsive.
C. In the case of a unit price item, the amount set forth, as the item total shall be the product of the estimated quantity times the unit price Bid. In the event of a discrepancy between the unit price Bid and the item total, the unit price shall prevail; however, if the unit price is ambiguous, unintelligible, or uncertain for
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any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern.
D. All requested Alternates, if any, shall be Bid. See the Schedule of Bid Prices for more information and the list of Bid Alternates, if any. If no change in the Base
7. BID Bid is required, enter “No Change.” SECURIT YA.
B.
Each Bid shall be accompanied by cash or a cashier’s check or a certified check, drawn on a responsible bank doing business in the United States payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as a principal and a California admitted surety company (as defined by California Code of Civil Procedure §§995.120 and 995.311) as surety (“Bid Security”).
All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of “A:VII” or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney.
C. Bid Security shall be in an amount not less than 10% of the Base Bid. Any Bid submitted without Bid Security will be rejected as non-responsive. The Bid Security shall be given as a guarantee that the successful Bidder will execute the Contract and will provide the insurance, bonds and other required forms within fourteen (14) calendar days after award of the Contract. Bidders will be entitled to return of Bid Security except when a successful Bidder forfeits its Bid Security. A forfeit may occur, for example, if the successful Bidder withdraws its Bid prior to the expiration of ninety (90) calendar days after award of the Contract; attempts to withdraw its Bid when the requirements of Public Contract Code § 5101 et seq. are not met; or refuses or fails to execute the Contract and provide the required bonds, insurance or certificates within fourteen (14) calendar days after award of the Contract. In any one or more of these events, if City awards the Contract for the Work to the next lowest responsible Bidder, the amount of the original lowest Bidder’s security shall be applied to the Contract Price differential between the lowest Bid and the second lowest Bid. Any surplus will be returned to the original
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lowest Bidder. If the City rejects all other Bids presented and re-advertises, the lowest Bidder’s Bid Security may be used to offset the City’s cost of re-advertising and receiving new Bids. In that case, the surplus if any, will be returned to the original lowest Bidder. D. The Bid Security shall be held for ninety (90) calendar days after the award of the Contract or until posting by the successful Bidder of the payment and performance bonds, proof of insurance, return of executed copies of the Contract and necessary certification(s), whichever first occurs, after which time the Bid Security will be returned to all Bidders.
E.
F.
If a Bid Bond is to be submitted, Bidder shall use the form entitled "Bid Bond" contained in the Bidding Documents, which Bid Bond shall be properly executed and acknowledged by the Bidder and by a corporate surety authorized to transact such business in the State of California. Any alteration of said form of Bid Bond, or imperfection in the execution thereof, as herein required, will render it informal and may, at the option of the City, result in the rejection of the Bid under which the Bid Bond is submitted. 8. BIDDER'S AND SPECIALTY CONTRACTORS’ STATEMENTS OF
QUALIFICATIONS
A. Each Bidder shall be required to complete, execute and submit with its Bid, the form entitled "Bidder's Statement of Qualifications." Notwithstanding the provisions of Paragraph 22 herein, the Bidder’s Statement of Qualifications shall not be public records. All information required by a Bidder’s or Specialty Contractor Statement of Qualifications shall be completely and fully provided. If no information is to be filled in a blank space, then write "none." Any Bid not accompanied by a Bidder’s Statement of Qualifications form completed with all information required may render the Bid non- responsive. If the City determines that any information provided by a Bidder in the Bidder’s Statement of Qualifications is false or misleading, or is incomplete so as to be false or misleading, the City may reject the Bid submitted by such Bidder as being nonresponsive.
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B. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the contract documents. In selecting the lowest responsible Bidder, consideration will be given not only to the Bidder’s financial standing but also to the general competency of the Bidder for the performance of the work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public buildings for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder’s experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, and other factors which could affect the Bidder’s performance of the work.
9. DESIGNATION OF SUBCONTRACTORS
A. Subcontractor Listing. On the Designation of Subcontractors form, the Bidder shall list each Subcontractor whom the Bidder must disclose under the Subletting and Subcontracting Fair Practice Act, Public Contract Code Section 4104. The Bidder shall provide: each Subcontractor’s name, the trade and type of work that the Subcontractor will perform, the location (address) of the Subcontractor’s place of business, each Subcontractor’s license number, each Subcontractor’s public works contractor registration number, and the dollar value of each Subcontractor’s labor or services. If additive Alternate Bid Items are included in the Bidding Documents, the Bidder shall identify each Subcontractor performing additive Alternate Bid Items, when such Work or the combination of base Contract Work and Alternate Work exceeds one-half of one percent of the total Bid Amount.
B.
C.
Subcontractors’ Licenses. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor shall possess a current and active California Contractor’s license appropriate for the portion of the Work listed for such Subcontractor and hold all specialty certifications required for such Work.
Disqualification of a Subcontractor. The City has the right to review the suitability and qualifications of any Subcontractor proposed by the Bidder. As part of this review, the City may request a Bidder to submit additional information about one or more of the listed Subcontractors including, but not limited to a statement detailing the Subcontractor’s experience with pertinent information as to similar projects and other evidence of the Subcontractor’s qualifications. If requested, the Bidder shall provide the information to the City within the time specified in the City’s written request. After due investigation, if the City has a reasonable objection to any proposed Subcontractor, the City may, before giving the notice of award, require the apparent successful Bidder to submit an acceptable substitute.
The City’s disqualification of a Subcontractor does not disqualify a Bidder.
However, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor without an adjustment of the Bid Price.
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D.
E.
Work of Subcontractors. The organization or arrangement of the Specifications and Drawings do not limit the extent of the Work for the Contract Documents.
Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings and other Contract Documents to all persons or entities submitting subbids to the Bidder. The omission of any portion or item of Work from the Bid or from sub-bids, which is reasonably inferable from the Contract Documents, will not be a basis for adjustment of the Contract Price or the Contract Time.
Ineligible Subcontractors. The successful Bidder is prohibited from performing Work on the Project with any Subcontractor who is ineligible to perform work on a public works project pursuant to California Labor Code Sections 1777.1 or 1777.7. In submitting its Bid, the Bidder certifies that it has investigated the eligibility of each and every listed Subcontractor and has determined that none is ineligible to perform work pursuant to the above code provisions.
10. 11.
CONTRACTOR’S AFFIDAVIT OF NON-COLLUSION
An Affidavit of Non-Collusion in the form provided by the City shall be signed under penalty of perjury, certifying that the Bid is not the result of and has not been influenced by collusion. Bidder shall submit this form with its Bid. Any Bid made without such affidavit, or believed to be made in violation of the requirements set forth in the affidavit form, may be rejected.
INSURANCE REQUIREMENTS
The Bidder shall submit to its insurance company or insurance agent the Insurance Requirements in this Specification and the Contract Documents. The insurance company’s underwriter or agent must complete the Insurance Requirements documentation which states that the insurer’s underwriter or agent will furnish the City with the required insurance documents within fourteen (14) days after the Bidder’s having been notified of the Contract’s award. The Bidder shall submit this form with its Bid. Any Bid made without this statement, or made with an incomplete statement, may be rejected.
12. EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK A. The Bidder shall examine carefully the site of the Work contemplated and the Drawings and Specifications. The submission of a Bid will be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of Work to be performed and materials to be furnished, the difficulties to be encountered, and to the requirements of the Drawings, Specifications, and other Contract Documents. The Bidder shall ascertain the locations of the existing utility services, and other underground facilities, and provide for carrying out its operations so as to cause the minimum possible inconvenience to the occupants of properties along any streets affected. All Work and costs involved in the safeguarding of the properties of others shall be at the expense of the Bidder to whom the Contract may be awarded.
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B. The Bidder hereby certifies that it has examined the local conditions, has read each and every clause of the Contract Documents, and that it has included all costs necessary to complete the specified Work in its Bid prices, and the Bidder agrees that if it is awarded the Contract, it will make no claim against the City based upon ignorance of local conditions or misunderstanding of any of the provisions of the Contract. Should the conditions turn out otherwise than the Bidder anticipated, the Bidder agrees to assume all risks incident thereto.
13. PRICES AND PAYMENTS Approximate quantities listed in the Schedule of Bid Prices are estimates given for comparing Bids, and no claim shall be made against the City for excess or deficiency therein, actual or relative. Payment at the prices agreed upon will be in full for the completed Work and will cover materials, supplies, labor, tools, equipment, and all other expenditures incident to a satisfactory compliance with the Contract, subject to all applicable provisions in the Contract and General Conditions.
14. 15.
PERMIT FEES If provided in the General Conditions, Contractor shall be reimbursed for the actual direct cost of all Permit Fees, as defined in Paragraph 1.01 and addressed in 1.03 of the General Conditions. Bidder shall exclude the cost of Permit Fees from Bidder’s Base Bid sum; Base Bid sum shall include the cost of administration and coordination for all Governmental Approvals and Utility Fees.
SUBSTITU TIONS No requests for substitution of any material, device, product, equipment, fixture, form, or type of construction shall be considered by City prior to award of the Contract. Bidders shall submit all requests for substitution and substantiating data, within fifteen (15) calendar days from the date of the Notice to Proceed. Bidder shall refer to the appropriate provisions of the General Conditions for additional information regarding substitutions.
Authorization of a substitution is solely within the discretion of the City.
16. RETURN OF IMPROPER BIDS
Bids submitted after the Bid Deadline are non- responsive and shall be returned to the Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted
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Bids shall not be considered unless the Notice Inviting Bids expressly permits such means of transmittal.
17. WITHDRAWAL OF BIDS
Bidder may withdraw its Bid either personally or by written request any time prior to the scheduled Bid Deadline by notice to the City’s Contact Person designated in the Notice Inviting Bids. If such notice is written, it shall be signed by the Bidder and shall be datestamped and time-stamped by the City upon receipt. Withdrawn Bids may be resubmitted before the Bid Deadline provided that they are in full conformance with these Instructions to Bidders. Once submitted, all Bids are irrevocable, except as otherwise provided by law.
Requests for withdrawal of Bids after the Bid Deadline shall be made only in accordance with California Public Contract Code § 5100, et seq. Bidder agrees by submitting a Bid that such Bid shall remain open, is irrevocable, and may not be modified, withdrawn, or cancelled for a period of ninety (90) days after award of the Contract.
18. OPENING AND EVALUATION OF BIDS
A. Bid Opening and Tabulation. The Bids shall be opened and read in public after the Bid Deadline has expired at the time and location listed in the Notice Inviting Bids. A tabulation of all Bids received will be available for public inspection at the Office of the Public Works Department, 4305 Santa Fe Avenue, Vernon, CA 90058 during regular business hours for a period of not less than thirty (30) calendar days following the Bid Deadline. The City reserves the right to accept or reject any or all Bids and be the sole judge regarding the suitability of the products, services or supplies offered; and/or to waive any irregularities or informalities in any Bids or in the bidding process. The City further reserves the right to purchase all or fewer than all items or quantities of each item listed in the Bidding Documents. The award of the Contract, if made by the City, shall be to the lowest responsive and responsible Bidder. If Bid Alternate Items are called for, the lowest Bid shall be determined according to Paragraph 20 below.
B. Evaluation of Bids.
1. Mandatory Qualifications. A Bid shall be rejected as non-responsive if the Bidder fails to document in the Bid that Bidder meets the essential requirements for qualification described in the Notice Inviting Bids. As part of the Bidder’s Statement of Qualifications each Bidder must establish that it, as the current entity: (1) has successfully completed at least three (3) similar projects involving similar work within the last three (3) years with a cost equal to or in excess of the Bidder’s Bid; and (2) has successfully completed at least three (3) public works projects.
2. Responsive Bid. A responsive Bid is a Bid which conforms, in all material respects, to the Bidding Requirements and Contract Documents.
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3. 4.
Responsible Bidder. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the Contract Documents. Competency of Bidders. In selecting the lowest responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of the Bidder for the performance of the Work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public works for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder’s experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, safety record and protocols and other factors which could affect the Bidder’s performance of the Work.
19. 20.
AWARD OF CONTRACT
The City reserves the right to reject any or all Bids and to waive any or all information or technical defects, as the interest of the City may require. Award of Contract or rejection of Bids will be made by the City within ninety (90) calendar days following the Bid Opening. BASIS OF AWARD
A. A Contract will be awarded to the lowest responsive and responsible Bidder meeting all requirements set forth in these Bidding
Documents. The City will award the Contract based on the lowest total of the bid prices on the base bid and those additive or deductive items that when taken in order from a specifically identified list of those items in the Bid Form and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by the City before the first bid is opened.
B. City reserves the right in its sole discretion to select any, all, or none of the Bid Alternates at the time of award of the Contract, regardless of whether such Bid Alternates were used in the analysis to determine the lowest Bid. 21. EXECUTION OF CONTRACT Within fourteen (14) calendar days after being notified by City that it has been awarded the Contract, Contractor shall deliver to the City the following documents: A. One executed Contract in the form included herein, properly executed by Contractor and, if Contractor is a corporation, evidence of its corporate existence Page 20 of 178
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and that the persons signing the Contract are authorized to do so. All signatures must be notarized.
B.
C.
Properly executed copies of the (a) Performance Bond, (b) Labor and Material (Payment) Bond and (c) Maintenance Bond in accordance with the requirements set forth in Article 13 of the General Conditions and in the form shown on Exhibits 1, 2 and 3 attached thereto. All signatures must be notarized.
Properly executed policies of all of the following: (a) the Commercial General Liability Insurance, (b) the Automotive Liability Insurance, and (c) Professional Liability, if required, and (e) the corresponding endorsements for each policy in accordance with the requirements set forth in Article 12 of the General Conditions.
In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for the State of California, or on days when City Hall is closed, the aforesaid documents shall be delivered by the following working day. After receipt of said documents within said time period or any extension thereof granted by the City, the City shall execute the Contract and return a fully executed copy to
22. Contractor for its files. PUBLIC RECORDS
City seeks to conduct its business openly. Except as set forth in paragraph 8.A., upon
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opening, all Bids shall become a matter of public record and shall be regarded as public, with the exception of those elements of each Bid that are identified by the Bidder and plainly marked as “trade secret,” “confidential,” or “proprietary,” including any Statement of Qualifications and financial statements to be submitted by Bidders. Each element of a Bid which a Bidder desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents, or other, non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If City receives a request from a third party to make a Bid available for inspection and copying, the City will notify the Bidder of the request. If a Bidder instructs the City that the information is not to be released, City will withhold the information, provided, the Bidder expeditiously seeks a protective order from a court of competent jurisdiction to prevent such release. If disclosure is required under the California Public Records Act or otherwise by law (despite the Bidder’s request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.
Bidder shall indemnify, defend (including Bidder’s providing and paying for legal counsel for City), and hold harmless City, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, costs, or expenses arising out of or alleging City’s refusal to publicly disclose one or more records that Bidder identifies as protectable, or asserts is protectable.
23. PREVAILING WAGE RATES AND EMPLOYMENT OF APPRENTICES A. Prevailing Wage Rates. The Bidder and all Subcontractors shall utilize the relevant prevailing wage rate determinations in effect on the first advertisement date of the Notice Calling for Bids in preparing the Bid Proposal and all component price quotations, provided, however, that when Davis Bacon wage rates apply, such rates are subject to increase by written notice, issued by Addendum not less than 10 calendar days before the Bid Deadline. Pursuant to California Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California and the United States Secretary of Labor have determined the general prevailing wage rates in the locality in which the Work is to be performed. Said rate schedules are available from the City at its Public Works Department, which shall be made available to any interested party upon request; or on the Internet at www.dir.ca.gov/DLSR/PWD/. The wage rate for any classification not listed, but which may be required to execute the Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. To comply with California Labor Code Section 1773.2, Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall also comply with the requirements of California Labor Code Sections 1773 et seq.
B. Apprenticeship Committee Contract Award Information. Pursuant to California Labor Code § 1777.5 and Title 8 of the California Code of Regulations § 230,
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Contractor and Subcontractors of any tier who are not already approved to train by an apprenticeship program sponsor shall, within ten C. (10) calendar days of signing D.
the Contract or subcontract, as applicable, but in any event prior to the first day in which Contractor or Subcontractor has workers employed on the Project, submit the Public Works Contract Award Information form (DAS Form 140) to the appropriate local apprenticeship committees whose geographic area of operation include the area of the Project and who can supply apprentices to the Project. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City.
Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract or subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City.
E. Notice to Subcontractors. Bidders shall notify all potential Subcontractors submitting price quotations for portions of the Work of the requirements concerning payment of prevailing wage rates, payroll records, hours of Work, and employment of apprentices. 24. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS (DIR)
No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR.
25. SPECIAL CITY REQUIREMENTS
Special City forms and their instructions are an integral part of these specifications and failure to submit same may be grounds, in the sole discretion of the City, for rejection of any Bidder. A. Prevailing Wage Where Applicable. Upon request, certified payroll documents shall be provided to the City.
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B. Equal Employment Opportunity in Contracting. The City of Vernon is committed to a policy of equal opportunity in contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. Contractors expressly agree to comply with the City's ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting the Contract. Contractor certifies and represents that during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their age not discriminated against because of their race, religion, religious belief, color, national origin, citizenship, ancestry, disability, sex, age, medical condition, pregnancy, sexual orientation or marital status. Contractor certifies that it will not maintain any segregated facilities.
Contractor shall comply with all applicable Federal and California laws including, but not limited to, the California Fair Employment and Housing Act (California Government Code Section 12900, et seq.), California Labor Code Section 1735, and The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
Contractor shall require like compliance by all Subcontractors employed on the Work.
26. BID PROTEST PROCEDURES
A. Any Bidder submitting a Bid directly to the City and eligible for award of the Contract may file a protest if the Bidder complies with all of the following requirements and conditions: 1. The Bid protest is in writing; 2. A protest based upon alleged defects or improprieties in the Contract Documents is filed with the City prior to 3. All other protests are to be filed and received the Bid Deadline; by the City no more than five (5) calendar days following the City’s notice of 4. The written Bid protest sets forth, in detail, all intent to award the Contract; and grounds for the Bid protest, including without limitation: all facts, supporting documentation, legal authorities, and argument in support of the grounds for the Bid protest. All factual contentions must be supported by competent, admissible, and credible evidence.
B. Any matters not set forth in the written Bid protest will be deemed waived. Any Bid protest not conforming to the foregoing requirements and conditions will be rejected by the City as invalid.
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C. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder’s submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal, state, and local laws. [END OF DOCUMENT]
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BIDDING FORMS
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City Council Agenda Report
Meeting Date: May 16, 2023
From: Carlos Fandino, City Administrator
Department: City Administration
Submitted by: Lilia Hernandez, Assistant to City Administrator Subject
Los Angeles Unified School District Education Compact
Recommendation
Approve and authorize the City Administrator to execute an Education Compact with the Los Angeles Unified School District, in substantially the same form as submitted, for a term through June 2026.
Background
As part of the 2022-2026 Strategic Plan for the Los Angeles Unified School District (LAUSD or District), the District is proposing to establish Education Compacts between the District and local governmental entities where LAUSD schools are located. The Education Compacts are intended to align resources with municipal governments in the Southeast Los Angeles County region and provide students with innovative programs and educational opportunities that best equip them for the future. As a member of the Southeast Los Angeles County region, and home of Vernon City Elementary School, the City of Vernon is served by the District and accounts for a 173- student enrollment.
Through the proposed Education Compact the City and District will collaborate to meet the educational needs of youth and families in the City through the end of the District’s 2022-2026 Strategic Plan (June 2026). The proposed Education Compact between the District and the City will undertake efforts that would be enriched, expedited, or enhanced through collaborative work in the following areas:
1. Communications and Ongoing Engagement
2. Enrollment and Positive Attendance
3. Crossing Guards and Other Traffic Safety Improvements
4. Safe and Positive School Climate
5. Student Health and Medical Services
6. Parent and Family Engagement
7. Academics and Expanded Learning
8. Connectivity
9. Facilities
10.Transportation
In summary, the Education Compact outlines the City’s and District’s commitment to partner and strengthen communications and ongoing engagement with students by leveraging City channels, including the City’s website and social media platforms, as well as City events and activities to share educational or other information provided by the District. The City will also support LAUSD student recruitment campaigns and annual attendance campaigns. The Education Compact also captures existing programs and efforts supported by the City including funding for the crossing guard program, daily campus safety walks by the Vernon Police Department (VPD), the Drug Abuse Resistance Education (D.A.R.E.) led by VPD, and use of the City Hall parking lot to . . . .
Item 18 Page 1 of 8
supplement parking needs for school events. These programs are supported by the City to ensure overall safety of the students and families that live or attend school in the City.
Additionally, the Education Compact identifies other areas of interest that the City and District can explore including potential programs and improvements in the areas of Student Health and Medical Services such as public education efforts to combat the public health issue of fentanyl use, Parent and Family Engagement workshops, and Academics and Expanded Learning Programs including tutoring and summer programming.
Overall, the Education Compact is intended to support students and families by reinforcing partnerships between the City and the District. The commitments outlined in the Education Compact are not legally binding nor do they mandate budgetary expenditures on behalf of the City or the District. While there may be financial expenditures associated with one or all of the areas of interest, any financial expenditure shall be voluntary in nature and shall not be made unless the responsible agency’s governing board has authorized the expenditure through its budgetary process.
The proposed Education Compact has been reviewed and approved as to form by the City Attorney.
Fiscal Impact
The proposed Education Compact does not mandate budgetary expenditures. The associated fiscal impact will depend on funds authorized through the City’s normal budgetary process for the respective fiscal year.
Attachments
1. Education Compact Vernon-LAUSD . . . .
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EDUCATION COMPACT BETWEEN
THE LOS ANGELES UNIFIED SCHOOL DISTRICT
AND THE CITY OF VERNON
As part of the 2022-2026 Strategic Plan for the Los Angeles Unified School District (“District” or “Los Angeles Unified”), new education compacts are to be established between the District and local governmental entities. Education Compacts with the municipal governments in the Southeast Los Angeles County region are intended to align resources and implement innovative programs to equip our students with the tools they need to be Ready for the World.
As a member of the Southeast Los Angeles County region, the City of Vernon (“City”), is served by the District and accounts for a 173-student enrollment (LAUSD SY 21-22 Enrollment). The City of Vernon has 222 residents (2020 US Census) and expands a total area of 5.2 square miles.
The District and the City may each be referred to, individually, herein as a “Party” or, collectively, as “the Parties.”
Through this Education Compact (“Compact”), the City and the District will collaborate to meet the educational needs of youth and families in the City through the end of the District’s Strategic Plan (June 2026). The City and the District may choose to revisit the Compact after June 2026 to renew their shared commitments to students and families of the Southeast Los Angeles County region.
The commitments outlined are not legally binding nor do they mandate budgetary expenditures on behalf of the Parties. They represent a shared philosophical goal of improving the educational opportunities and enriching the lives of children and families attending District sites or living within the City. The Parties recognize there may be financial expenditures associated with one or all the following aspects, however any financial expenditure shall not be made unless the responsible Party’s governing board has authorized the expenditure through its budgetary process and shall be voluntary in nature.
The Compact between the District and the City will undertake efforts that would be enriched, expedited, or enhanced through collaborative efforts in the following areas:
1. Communications and Ongoing Engagement
2. Enrollment and Positive Attendance
3. Crossing Guards and Other Traffic Safety Improvements
4. Safe and Positive School Climate
5. Student Health and Medical Services
6. Parent and Family Engagement
7. Academics and Expanded Learning
8. Connectivity
9. Facilities
10. Transportation . . . .
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Communications and Ongoing Engagement ● The City and the District will work jointly on communications through the City’s website to include an educational tab/section with information on Los Angeles Unified schools and districtwide initiatives. The District will also work with the City to share city events, news and City-led programs to students, families and staff. Concerted efforts will be made to share information via social media and other communication channels. ● The City and District will explore leveraging current City events and activities to promote District services to families.
● The City and District will explore leveraging current City events and activities to promote employment opportunities.
● The City and District will promote educational initiatives to local businesses and chambers of commerce to encourage volunteering, mentorship and other opportunities to support local students and education.
● The City and the District will collaborate on opportunities to deliver specific programming for local families via the Family Academy and Cultural Arts Passport initiatives.
● The City, in partnership with the District, will convene education roundtables with local partners on efforts to strengthen student success.
Enrollment and Positive Attendance ● The City will support the District in student recruitment campaigns for District-operated schools in the City.
● The City and District will collaborate on programs, annual attendance campaigns, and other events that support school attendance to ensure all school-aged youth are enrolled in District-operated schools.
Crossing Guards and Other Traffic Safety Improvements ● The City will support safe passages for students and families by funding the crossing guard program, as funding becomes available, to support pedestrian safety, and the District will support the City’s outreach efforts to fill crossing guard vacancies. ● The District will provide additional support and training for the Traffic Safety Valet programs at elementary school sites experiencing traffic safety needs by reviewing traffic and pedestrian incident data, and identifying schools in need for outreach. The District will also promote the Traffic Safety Valet program by distributing flyers when visiting elementary schools, during our safe school inspections, and during meetings with principals.
● The District will work with the City to address traffic concerns related to school drop-off and pick-up, including exploring additional opportunities to reduce traffic congestion and enhance pedestrian safety.
● The District will provide additional support by sharing Reference Guide, 4492.2, School Traffic Safety with school administrators which details the guidelines for requesting traffic surveys, speed limit signs, pavement markings, crossing guards and other assistance to resolve traffic safety issues. Los Angeles Unified’s Office of Environmental Health and Safety (OEHS) will liaison between the City and school administrators and make requests on behalf of schools.
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Safe and Positive School Climate ● The City will continue to facilitate monthly School Safety Collaborative meetings between City personnel, the District and other partners to discuss various issues impacting the school community, including but not limited to, updates on school construction and operational projects, school safety, safe passages to and from school, educational and community events, and opportunities to collaborate on seeking community partner, city and school collaborations.
● The City will continue to support daily campus safety walks led by Vernon Police Department officers.
● The District/Los Angeles School Police Department and City will identify a Law Enforcement Liaison officer from each of the respective law enforcement departments to ensure coordinated approach on issues related to youth, crime prevention and other relevant safety and area school consistent with Section 32281 (f)(1) of the California Education Code.
● The District/Los Angeles School Police Department and City will explore the possibility of entering into data-sharing agreements to assess the status of school crimes with a goal of helping to prevent crimes and improve coordination consistent with Section 32282 (a)(1) of the California Education Code.
● The City will continue to support the Drug Abuse Resistance Education (D.A.R.E.) program led by trained Vernon Police Department officers in the classroom.
Student Health and Medical Services ● The District and the City will work jointly to expand prevention and public education efforts to combat the public health issue of fentanyl-related overdoses and strengthen support services for students.
● The District will continue to work with the California Department of Healthcare Services (DHCS) Naloxone Distribution Program (NDP) to obtain doses of Narcan for early education centers, adult education schools and afterschool programs. ● The District, in partnership with the City, will explore the feasibility of bringing additional student health and mental health services and entities to provide whole child and school community services.
Parent and Family Engagement ● The District will develop specialized classes/workshops that address the needs of families in the Southeast Los Angeles community through the Family Academy. The City will promote these classes and workshops to the families and community members at large. ● The District will develop a training program for City personnel on the District’s Parent Portal/LAUSD App and School Volunteer Program procedures. ● The District and City will explore the feasibility of incorporating a Parent Resource Center or information into a City-owned facility (e.g., City Hall).
Academics and Expanded Learning Programs ● The District will work jointly with the City to promote the District’s various academic and enrichment programs to students and families in the Southeast Los Angeles community, including the tutoring program, summer programming, and Beyond the Bell Expanded Learning Programs.
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● The District will work with the City to support programs that will assist students in bridging academic voids that may exist due to digital inequities, pandemic effects, or other outside effects that would negatively impact the learning environment. ● The District will offer the Cultural Arts Passport to families in the Southeast Los Angeles community. The District and the City will explore expanding the use of use of museums or cultural sites within the City of Vernon, if any, for the benefit of students.
Connectivity • The District’s Information Technology Services (ITS) commits to continuing to provide connectivity to students and families with an identified unmet need through All Families Connected or other affordable and free options to ensure all families have access to reliable high-speed internet.
• The District will explore expanding Digital Divide partnerships into the City and the County of Los Angeles to explore ways to support connectivity infrastructure, expand affordable broadband and implement data sharing agreements to address the digital deserts.
Facilities ● The District and City will continue to collaborate to provide access to and use of District and City facilities for meetings, community events, athletic activities, and cultural and historic programs, among other facility use needs that benefit students and families, including, but not limited to: ○ Access to structured level parking at City Hall during school events. ● The District will work with the City to provide access to and use of District pools upon terms and conditions available to those provided to other governmental agencies. ● The District’s over twenty-year construction program will continue to rely heavily on its commitment to meaningful engagement by bringing timely and accurate information to all stakeholders (students, parents, teachers/administrators, key stakeholders, local municipalities and elected officials) and collecting feedback that guides the District’s decision-making.
● The City and District will work collaboratively to increase the amount of green space on District sites to expand access to additional green space for families and students.
Transportation ● The City will support the District in promoting the District’s free Metro passes from the Metro GoPass Program for students, by promoting it at community events, newsletters and on the City’s website if the pilot program is continued. . . . .
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APPENDIX
All Families Connected
All Families Connected is a program to help ensure every student has reliable access to highspeed internet at home as well as at school. Made possible in large part by one-time federal funding, the program is helping provide students with the access they need at home to complete assignments, interact with peers, track their progress, and more. Thousands of families are eligible for this service at no cost to them. There are no income requirements. All that is necessary is for a family to inform the District that there are unmet needs in the home and to request support.
This is how it works: Parents/guardians can log on to device.lausd.net and answer a few questions about computing device and internet connectivity needs. For those whose needs are not being met, our teams check in with contracted service providers to determine services available.
The provider then reaches out to eligible families to assist with establishing service, and the District covers all costs.
Families may go to: device.lausd.net/connect for more information or to sign up for service.
Cultural Arts Passport
The Los Angeles Unified Cultural Arts Passport is a program to provide students access to the Arts. In partnership with Southern California’s finest cultural organizations and venues, the Cultural Arts Passport program ensures equal access to arts, culture and environmental experiences for every child. The Cultural Arts Passport is partially supported through generous monetary and in-kind donations from the community. Founding partners who generously support the initiative include The Broad Foundation, Creative Arts Agency, the Fender Play Foundation and other cultural institutions.
Digital Divide Partnerships
The District has existing partnerships around infrastructure to create a city-wide or community infrastructure for wireless connectivity. One example of this has been a partnership with the Los Angeles City Lighting Bureau, which focused on extending the network from District schools to city light poles. Furthermore, the District has also developed partnerships with LTE/5G and fixed broadband such as Verizon, AT&T and Spectrum to allow piggyback on our contracts with very affordable pricing for other governmental entities. Lastly, the District has partnerships with multiple entities on data sharing to help and identify hotspots and digital deserts around Los Angeles County, given that the District is the only entity with access to valuable datasets relating to family usage and service providers’ capacity.
Everyone Mentors LA
Everyone Mentors LA is a new mentoring initiative by Los Angeles Unified that will invest in the lives of historically underserved students to ensure every student graduates Ready for the World. The new initiative will match students contending with declining grades, chronic absenteeism, a need for socio-emotional support and other challenges that have inhibited their academic success with a mentor from the Los Angeles community. More information on this program can be found at https://achieve.lausd.net/everyonementors. . . . .
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Family Academy
The Los Angeles Unified Family Academy is designed to leverage families’ assets to be empowered as they support their child from the early primary years to college and career success. This effort complements family knowledge by connecting them to actionable learning focused on their child’s development, as well as opportunities to accelerate their own careers and quality of livelihood. Families may expand and share prior knowledge with other parent leaders by attending learning segments offered by the Family Academy course catalog, which offers webinar and regional segments hosted in-person. The course catalog is available at achieve.lausd.net/familyacademy.
A second path to learning with the Family Academy is through four family courses which are geared for the following family audiences: youngest learners, multilingual learners, twice exceptional, and Black and African-American students. The curriculum is organized as a 7-class course experience where families engage in a culturally relevant curriculum, in a cohort learning environment, define family engagement, and develop their action plan to stay engaged in their child’s education. Course registration information is available at achieve.lausd.net/familyacademy. Families may also contact the Los Angeles Unified Family Hotline for more information: 213-443-1300.
Traffic Safety Valet Program
The Los Angeles Unified Safety Valet program is designed to help improve student safety and provide more fluid movement of vehicular traffic around schools during the morning drop off. A Valet directs drivers through a queue of traffic cones where volunteers assist students to safely exit the car. This eliminates the need for parents to exit their vehicles and for students to cross busy intersections. . . . .
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