Agenda packet — Vernon City Council, January 16, 2024 (part 3 of 4)

_________________________________
Administration Department:
• Administrative Assistant (Confidential)
• Administrative Assistant, Senior
(Confidential)
• Assistant to the City Administrator
• Deputy City Administrator
• Executive Assistant to the City Administrator
• Information Technology Analyst, Senior
• Information Technology Manager
• Information Technology Project Manager
• Public Information Officer
City Attorney Department:
• Deputy City Attorney
• Legal Analyst
• Senior Deputy City Attorney
City Clerk Department:
• City Clerk
• Deputy City Clerk
Citywide:
• Management Analyst
• Principal Management Analyst
• Procurement Specialist
• Senior Management Analyst
Commissions and Committees: Members,
Directors, Legal Counsel, Treasurer and
Secretary
• Board of Library Trustees
• Green Vernon Commission
• Successor Agency to the Redevelopment
Agency
• Vernon Business and Industry Commission
• Vernon CommUNITY Fund Grant
Committee
• Vernon Housing Commission
Consultants:
• Consultant filling a designated position
• The City Administrator, or designee, shall
determine, in writing, that a particular
consultant, although a “designated position,”
is hired to perform a range of duties that is
limited in scope and thus is not required to
fully comply with the disclosure requirements
described in this section. Such written
determination shall include a description of
the consultant's duties and, based upon the
description, a statement of the extent of
disclosure requirements. The determination
is a public record and must be retained for
public inspection in the same manner and
location as this Conflict of Interest Code.

Page 3 of 4 ends

_________________________________
Human Resources Department:
• Director of Human Resources
• Human Resources Analyst
• Human Resources Analyst, Senior
• Senior Legal and Policy Advisor
Police Department:
• Police Captain
• Police Chief
• Police Lieutenant
Public Utilities:
• Assistant Civil Engineer – Public Utilities
• Assistant General Manager – Generation
and Operations
• Assistant General Manager of Public Utilities
• Assistant Resource Scheduler
• Associate Electrical Engineer
• Associate Resource Scheduler
• Business and Account Supervisor
• Chief Utilities Dispatcher
• Civil Engineer – Public Utilities
• Control Room Operator, Senior
• Customer Relations and Marketing Manager
• Customer Service Manager
• Electrical Engineer
• Electric Operations Supervisor
• Electric Service Planner
• Gas Systems Field Supervisor
• Gas Systems Manager
• Gas Systems Superintendent
• General Manager of Public Utilities
• Integrated Resources Manager
• Key Accounts Administrator
• Maintenance Manager
• Material Control Administrator
• Operations Manager
• Planning and Analysis Manager
• Plant Engineer
• Power Resources Settlement Analyst
• Power Resources Settlement Analyst,
Senior
• Principal Electrical Engineer
• Principal Resource Planner
• Principal Resource Scheduler/Trader
• Resource Planner
• Resource Scheduler
• Utilities Compliance Administrator
• Utilities Compliance Analyst
• Utilities Dispatcher, Senior
• Utilities Engineering Manager
• Utilities Operations Manager
• Utilities Operations Supervisor
• Utilities Strategic Planning Coordinator
• Utilities Program Analyst
• Utility Program Administrator
• Utilities Project Coordinator
• Water Administrator
• Water Project Coordinator
• Water Project Specialist
• Water Superintendent
• Water Supervisor
Public Works Department:
• Assistant Engineer
• Assistant Planner
• Associate Engineer
• Building and Planning Manager
• Building Inspector
• Building Inspector, Senior
• Civil Engineer
• Code Enforcement Officer
• Deputy Director of Public Works
• Director of Public Works
• Electrical Inspector
• Electrical Inspector, Senior
• Facilities Maintenance Supervisor
• Fleet Supervisor
• Plumbing and Mechanical Inspector
• Plumbing & Mechanical Inspector, Senior
• Principal Civil Engineer
• Project Engineer
• Public Works Inspector
• Public Works Inspector, Senior
• Public Works Project Coordinator
• Public Works Superintendent
• Street Maintenance Supervisor
Resolution No. 2024-01

Page 4 of 4 ends

_________________________________
SECTION 4. The Political Reform Act requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regulations Section 18730, which contains the terms of a standard Conflict of Interest Code, that can be incorporated by reference and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. The terms of 2 Cal. Code of Regulations Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission, are hereby incorporated by reference. These provisions constitute the Conflict of Interest Code of the City of Vernon. The City of Vernon is considered the "agency" within the purview of this code.

SECTION 5. Designated positions must file Statements of Economic Interests with the City Clerk utilizing the City’s electronic filing system. The City Clerk will perform the duties of Filing Officer for the City of Vernon.

SECTION 6. Any change provided for in this Conflict of Interest Code will not affect or excuse any offense or act committed or done or omission or any penalty or forfeiture incurred or accruing under any other Conflict of Interest Code; nor will it affect any prosecution, suit or proceeding pending or any judgment rendered in connection with any other Conflict of Interest Code.

SECTION 7. All resolutions or parts of resolutions, specifically Resolution No. 2022-34, not consistent with or in conflict with this resolution are hereby repealed.

SECTION 8. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

APPROVED AND ADOPTED January 16, 2024.
_____________________________
CRYSTAL LARIOS, Mayor
ATTEST:

LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:
_________________________________
ZAYNAH N. MOUSSA, City Attorney
Administration Department:
• Administrative Analyst
• Administrative Assistant (Confidential)
• Administrative Assistant, Senior
(Confidential)
• Assistant to the City Administrator
• Deputy City Administrator
• Executive Assistant to the City Administrator
• Information Technology Analyst, Senior
• Information Technology Manager
• Information Technology Project Manager
• Public Information Officer
City Attorney Department:
• Deputy City Attorney
• Legal Administrative Analyst
• Senior Deputy City Attorney
City Clerk Department:
• City Clerk
• Deputy City Clerk
Citywide:
• Management Analyst
• Principal Management Analyst
• Procurement Specialist
• Senior Management Analyst
Commissions and Committees: Members,
Directors, Legal Counsel, Treasurer and
Secretary
• Board of Library Trustees
• Green Vernon Commission
• Successor Agency to the Redevelopment
Agency
• Vernon Business and Industry Commission
• Vernon CommUNITY Fund Grant
Committee
• Vernon Housing Commission
Consultants:
• Consultant filling a designated position
• The City Administrator, or designee, shall
determine, in writing, that a particular
consultant, although a “designated position,”
is hired to perform a range of duties that is
limited in scope and thus is not required to
fully comply with the disclosure requirements
described in this section. Such written
determination shall include a description of
the consultant's duties and, based upon the
description, a statement of the extent of
disclosure requirements. The determination
is a public record and must be retained for
public inspection in the same manner and
location as this Conflict of Interest Code.

Finance Department:
• Accountant
• Accountant, Senior
• Assistant Finance Director
• Assistant Buyer
• Business and Account Supervisor
• Buyer
• Deputy City Treasurer
• Finance Manager
• Finance Specialist
• Finance Specialist, Senior
• Financial Services Administrator
• Payroll Analyst
Health & Environmental Control:
• Deputy Director of Health & Environ. Control
• Director of Health & Environ. Control
• Environ. Health Program Administrator
• Environ. Health-Hazardous Materials
Specialist I
• Environ. Health-Hazardous Materials
Specialist II
• Environ. Health-Hazardous Materials
Specialist Trainee
• Environ. Health Technician
• Health Officer
Human Resources Department:
• Director of Human Resources
• Human Resources Analyst
• Human Resources Analyst, Senior
• Senior Legal and Policy Advisor
Police Department:
• Police Captain
• Police Chief
• Police Lieutenant
Public Utilities:
• Administrative Analyst
• Assistant Civil Engineer – Public Utilities
• Assistant General Manager – Generation
and Operations
• Assistant General Manager of Public Utilities
• Assistant Resource Scheduler
• Associate Electrical Engineer
• Associate Resource Scheduler
• Business and Account Supervisor
• Chief Utilities Dispatcher
• Civil Engineer – Public Utilities
• Control Room Operator, Senior
• Customer Relations and Marketing Manager
• Customer Service Manager
• Electrical Engineer
• Electric Operations Supervisor
• Electrical Service Planner
• Gas Systems Field Supervisor
• Gas Systems Manager
• Gas Systems Superintendent
• General Manager of Public Utilities
• Integrated Resources Manager
• Key Accounts Administrator
• Maintenance Manager
• Material Control Administrator
• Operations Manager
• Planning and Analysis Manager
• Plant Engineer
• Power Resources Settlement Analyst
• Power Resources Settlement Analyst,
Senior
• Principal Electrical Engineer
• Principal Resource Planner
• Principal Resource Scheduler/Trader
• Resource Planner
• Resource Scheduler
• Utilities Compliance Administrator
• Utilities Compliance Analyst
• Utilities Dispatcher, Senior
• Utilities Engineering Manager
• Utilities Operations Manager
• Utilities Operations Supervisor
• Utilities Strategic Planning Coordinator
• Utilities Program Analyst
• Utility Program Administrator
• Utilities Project Coordinator
• Water Administrator
• Water Project Coordinator
• Water Project Specialist
• Water Superintendent
• Water Supervisor
Public Works Department:
• Administrative Analyst
• Assistant Engineer
• Assistant Planner
• Associate Engineer
• Building and Planning Manager
• Building Inspector
• Building Inspector, Senior
• Civil Engineer
• Code Enforcement Officer
• Deputy Director of Public Works
• Director of Public Works
• Electrical Inspector
• Electrical Inspector, Senior
• Facilities Maintenance Supervisor
• Fleet Supervisor
• Plumbing and Mechanical Inspector
• Plumbing & Mechanical Inspector, Senior
• Principal Civil Engineer
• Project Engineer
• Public Works Inspector
• Public Works Inspector, Senior
• Public Works Project Coordinator
• Public Works Superintendent
• Street Maintenance Supervisor
City Council Agenda Report
Meeting Date: January 16, 2024
From: Daniel S. Wall, P.E., Director of Public Works
Department: Public Works
Submitted by: Cynthia Cano, Administrative Secretary
Subject
Quarterly City Housing Report
Recommendation
Receive and file the 2023 Fourth Quarter Housing Report.

Background
Staff presented the Quarterly City Housing Report, for the period from September 2023 through November 2023, to the Vernon Housing Commission at its December 6, 2023 meeting. The report highlights rent, occupancy, inspections, and repairs.

Fiscal Impact
There is no fiscal impact associated with this report.

Attachments

1. 2023 Fourth Quarter Housing Report
Vernon Housing
Commission
December 6, 2023
Daniel Wall - Director of Public Works
Quarterly Report
December 6, 2023
Item 1
Staff Presentation
Overview
2 1. Rent Register

2. Occupancy

3. Summary of Calls Received

4. Operations

5. Closing
Public Works effectively manages City-owned
housing and strives to provide outstanding service
to its tenants.

Rent Register
3 • Outstanding balance as of 11/28/2023, is $4,071.97
• Non-Payment or Untimely Payment of Rent Procedures
including applicable late fees resumed
• COVID-related rent relief no longer available from State • Previously, the City, as landlord, received about $18,182 in COVID rent relief from the State to cover rental
obligations for tenants that applied for assistance
Occupancy
Block Properties Occupied Unoccupied
Furlong 10 10 No Vacancies
50th 8 8 No Vacancies
Fruitland 6 5 *One
Vernon 2 2 No Vacancies
*Vacant unit at 3349 Fruitland will temporarily house relocated tenant of unit undergoing remodel. Remodel project at 3365 Fruitland will start in January 2024 and run through April 2024. Thereafter, 3349 Fruitland will be available for lease via lottery process.

Summary of Calls Received
5 Month Calls
Rcvd
Types of Calls Avg. Days
To
Repairs Questions Complete Housing
Inquiries Other
Sept. 23 3 3 < 1 day
Oct. 23 1 1 < 1 day
Nov. 23 2 2 < 1 day
Totals 6 < 1 day
Operations
6 • All service requests addressed
• Staff reviewing new legislation to
assess impacts to housing
operations/administration, if any.
• Updates and any necessary
changes, to be discussed at the
March VHC Meeting.

Public Works:

1. Follows established VHC Policies and Procedures in
management practices including filling vacancies via lottery

2. Actively inspects and maintains City-owned residential properties in accordance with best practices for landlords

3. Manages housing costs in a fiscally responsible manner within the budget approved by the City Council

4. Stays abreast of current issues impacting City-owned properties and tenants (environmental, rental assistance, etc.)

5. Engages tenants through proactive and legally compliant communications to inform of actions and invite feedback

6. Plans for the future of housing in Vernon.
7 In Closing...

City Council Agenda Report
Meeting Date: January 16, 2024
From: Daniel S. Wall, P.E., Director of Public Works
Department: Public Works
Submitted by: Lissette Melendez, Project Engineer
Subject
Notice of Completion for Contract No. CS-1425 City of Vernon Gateway Arch Project Recommendation
A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15311, because the project only consists of construction or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities;
B. Accept the work of YESCO LLC dba YESCO Signs LLC, as related to City Contract No. CS1425; and C. Authorize the Director of Public Works to execute and submit the Notice of Completion for the project to the Los Angeles County Recorder’s Office.

Background
On April 5, 2022, the City Council awarded City Contract No. CS-1425 Gateway Arch Project in the amount of $499,364.97, including a contingency of $75,000 to YESCO LLC dba YESCO Signs, LLC. The final construction cost was $551,854.07. This project consisted of the design, fabrication and installation of a Gateway Arch over the Santa Fe Avenue at 25th Street intersection. The Gateway Arch welcomes visitors to the City and reinforces its identity with a memorable, unique landmark.

City Contract No. CS-1425 was completed in October 2023, in accordance with the project specifications and City Staff expectations.

Fiscal Impact
There is no fiscal impact associated with this report.

Attachments

1. Notice of Completion

RECORDING REQUESTED BY AND WHEN
RECORDED, RETURN TO:

City of Vernon
Attention: City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE
For the benefit of City of Vernon
No fee per Government Code Section 27383 APN: N/A

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT, PURSUANT TO CIVIL CODE SECTION 9024:

1. The undersigned is the owner, or corporate officer of the owner, of the interest or estate below in the property hereinafter described.

2. The full name of the owner is: The City of Vernon.

3. The full address of the owner is: 4305 Santa Fe Avenue, Vernon, CA 90058 .

4. The nature of the interest or estate of the owner is: In Fee.

5. A work of improvement on the property hereinafter described was completed and accepted on January 16, 2024.

The work done was: City of Vernon Gateway Arch per City Contract No. CS-1425.

6. The name of the contractor, if any, for such work of improvement was YESCO LLC dba YESCO Signs LLC.

The property on which said work of improvement was completed is in the City of Vernon, County of Los Angeles, State of California, and is described as follows: design, fabrication and installation of a Gateway Arch over the intersection of Santa Fe Avenue and 25th Street.

Dated: January 16, 2024
I, Daniel Wall, Director of Public Works, verify the foregoing Notice of Completion on behalf of the City of Vernon; I have read said Notice and know the contents thereof; and I have personal knowledge of the facts stated herein. I declare under penalty of perjury that the foregoing is true and correct. _______________________________
Daniel Wall, Director of Public Works
On __________, before me, Lisa Pope, City Clerk for the City of Vernon, personally appeared Daniel Wall, Director of Public Works for the City of Vernon, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which he acted, executed the instrument.

WITNESS my hand and official seal.
_________________________________
Lisa Pope, City Clerk
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

City Council Agenda Report
Meeting Date: January 16, 2024
From: Daniel S. Wall, P.E., Director of Public Works
Department: Public Works
Submitted by: Lissette Melendez, Project Engineer
Subject
Change Order No. 14 to the Consulting Services Agreement (CS-0099) with CNS Engineers, Inc. (CNS) for the Atlantic Boulevard Bridge Rehabilitation and Widening Project Recommendation
A. Find that approval of the proposed change order is within the Initial Study/Mitigated Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (CEQA) in accordance with Section 15063 of the CEQA Guidelines; and
B. Approve and authorize the City Administrator to execute Agreement Change Order No. 14, in substantially the same form as submitted, for the Atlantic Boulevard Bridge Rehabilitation and Widening Project, Federal Project No. DBPL02-5139(010), Contract No. CS-0099, amending the agreement expiration date from December 31, 2023 to December 31, 2024 and authorizing CNS to provide additional support and coordination services required to complete the design phase of the project for the additional cost of $177,070.27 (increasing the total contract cost to $2,456,748.21), with a Change Order effective date of December 31, 2023.

Background
The Atlantic Boulevard Bridge over the Los Angeles River was constructed in 1931 and consists of concrete barrel arches with an earth-filled roadway and asphalt concrete pavement. The average daily vehicle count traversing the bridge is over 50,000 per day. Atlantic Boulevard is a vital artery serving, not only the City of Vernon, but also the larger southeast community, as it is a gateway for travel within the region. Due to the narrow pedestrian walkway and traffic lanes, the bridge will be inadequate for the projected traffic volume of vehicles and trucks.

The Atlantic Boulevard Bridge over the Los Angeles River Agreement (Agreement) was awarded in November 2009 to CNS via Resolution No. 10,112 for the design of the bridge rehabilitation and right-of-way acquisition support. The Agreement was purposed to develop the plans for the proposed widening and rehabilitation of the bridge, which will include widening of the roadway bridge approaches, modifications of traffic signals, installation of California Public Utilities Commission-approved railroad grade crossings devices, and flood control channel modifications.

Right-of-way activities along Atlantic Boulevard consist of either Temporary Construction Easements (TCE) or permanent Street Easements (SE) to accommodate the widening of the bridge and roadway and construction activities. The project also requires the relocation of conflicting utilities, including power poles from the City’s Public Utilities Department, which is concurrently developing relocation plans. Pursuant to the Agreement the City is reimbursed

88.53% of the project cost through State and Federal funding.

The Agreement has been extended multiple times due to design delays caused by railroad issues, proposed utility relocations, and right-of-way acquisition requirements which, in each instance, have involved various agencies and subcontractors. Projects of this magnitude are complex, and there are often unanticipated challenges that impact initial plans.

Each Agreement Change Order has addressed such issues and has modified the project schedule timeline and adjusted the project budget as necessary.

The proposed Agreement Change Order No. 14 is required to finalize the intricate and lengthy Construction and Management Agreements with Burlington Northern Santa Fe Railway (BNSF); the acquisition of easements; to finalize permits from BNSF, Los Angeles Department of Water and Power (LADWP), Los Angeles County Flood Control District (LACFCD), and private properties; complete utility relocation coordination; and complete the Caltrans Right of Way Certification for the Project. Due to the number of parties involved with this project, each with their own requirements and schedules, the timeline for this phase of the project has exceeded expectations.

Per Caltrans Local Assistance requirements, Change Orders extending a consultant’s contract shall be extended before the contract expires, therefore Public Works is requesting that the proposed Change Order No. 14 have an effective date of December 31, 2023.

The proposed Agreement Change Order No. 14 has been reviewed and approved as to form by the City Attorney’s Office.

Fiscal Impact
The fiscal impact is estimated at $177,070.27. Sufficient funds are available in General Fund, Public Works Department, Street Operations Division, Capital Outlays – Federal Funding Account No. 011-595-430-660000 for the current fiscal year.

Attachments

1. Change Order No. 14

CITY OF VERNON

PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER NO. 14 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS PROJECT: Atlantic Blvd. Bridge over the Los Angeles River Contract No. CS-0099 FEDERAL PROJECT No. DBPL02-5139(010) Project No. 103001 REQUESTED BY: City of Vernon Supplemental No.

TO: CNS Engineers, Inc. CONTRACTOR
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract.

Per the Request for Contract Amendment No. 14 from Contractor dated December 6, 2023, this Change Order provides for the additional work described below.

1. Extend the contract for an additional one-year period from December 31, 2023 to December 31, 2024, and increase the total not-to-exceed amount by an additional $177,070.27.

The project involves complex and lengthy right-of-way acquisition in BNSF, LADWP, LACFCD, and private properties; therefore the project schedule must be extended to finalize Construction and Managements Agreements, utility relocation coordination, and completion of Right of Way Certification and easements.

2. Design team to perform extra work to incorporate the new 2023 Caltrans Construction Contract Standards into the plans and finalize various easements, construction agreements, and permits.

Contract Amount (Base Bid) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,155,284.38 Amount of This Change Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 177,070.27 Amount of Previous Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,124,393.56 Total Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,301,463.83 Modified Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,456,748.21 By reason of this change order the time of
completion will be adjusted as follows: 365 additional calendar days Approved: Date:

Carlos Fandino, City Administrator
Attest: Date:

Lisa Pope, City Clerk
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.

Accepted Date: Contractor:

By: Title:

Accepted Date: Contractor:

By: Title:
c: Project File/Contractor/Purchasing Rev. 01/13
12/7/2023 CNS Engineers, Inc.

Principal James J. Lu
12/7/2023 CNS Engineers, Inc.

Hui-Min Huang CFO
Civil and Structural Engineers
11870 Pierce Street, Suite 265, Riverside, CA 92505
Phone: (951) 687-1005 / Fax: (951) 667-3387 / Web: www.cnseng.com December 6, 2023
Mr. Daniel Wall, P.E.

Director of Public Works
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Subject: Rehabilitation of Atlantic Blvd. Bridge over the Los Angeles River Request for Contract Amendment No. 14
Dear Mr. Wall:

To complete the proposed project, we request an amendment for extra work as follows:

1. Extend the Professional Service Agreement (PSA) from December 31, 2023, to December 31, 2024:

CNS’s PSA will expire on December 31, 2023. The project has completed the design; however, there are several pending items listed below to be continuously coordinated and completed before the project is certified by Caltrans and ready to be advertised for construction:
 Close acquisition escrow and record easements for the impacted LADWP properties (6304-007- 274 and 6314-033-271). The acquisition cost has been finalized.  Finalize acquisition for the easements in the Magellan Atlantic property (APN 6314-033 and 005). A temporary user agreement is in place for Caltrans right of way certification.  Execute the BNSF Railroad Construction and Management (C&M) Agreement that addresses all railroad-related costs.
 Obtain the CPUC GO 88B Construction Permit. CPUC comments have been addressed.  Coordinate with the City and SCE to obtain a design permit from BNSF for the temporary electrical overhead shoofly and the permanent electrical underground casings below the at-grade rail crossings, which are prepared by City’s Consultant (Petrelli Electric). The initial permitting application has been submitted to BNSF.
 Obtain an encroachment permit from Caltrans District 7 for traffic controls at the I-710/Bandini Interchange involving 4-day street closure to replace the rail crossings adjacent to the bridge.  Complete utility relocation coordination involving the City, SCE and Maywood Mutual Water Company #3.
 Obtain the Right of Way Certification from Caltrans.
 Assist the City in obtaining Construction Authorization from Caltrans including obtaining NEPA Revalidation, if required by Caltrans Local Assistance.  Provide additional project coordination and attend additional Teams meetings for one year.

2. Engineering Design Modification to Implement the 2023 Caltrans Construction Contract Standards Design History: The design of the project was completed prior to 2021 while right of way acquisition, utility relocation, and railroad coordination were being coordinated. The project design was based on Caltrans 2018 Construction Contract Standards. Caltrans periodically (usually every three to four years) updates the construction contract standards. Although the Caltrans 2022 Standards were published on August 1, 2022, the 2018 Standards can be continuously used for federally funded projects receiving construction authorization before May 1, 2023, in accordance with a notice issued by Caltrans Local Assistance on November 9, 2022. On April 21, 2023, Caltrans issued a Mr. Daniel Wall
December 5, 2023

Page 2 of 2 ends

memorandum stating that the 2022 Standards will be no longer supported after July 21, 2023, and the new 2023 Standards will be published on July 24, 2023. Caltrans Local Assistance currently requires local agencies to implement the 2023 Standards for the HBP-funded bridge projects since the construction of the Project has not been authorized.

Required Design Modifications: The Caltrans 2023 Construction Contract Standards include Standard Specifications, Standard Special Provisions, and Standard Plans. The Standard Plans implement new design criteria involving the Eight Edition of AASHTO LRFD Bridge Design Specifications, California Amendments with 2022 Errata, and Seismic Design Criteria (SDC) Version 2.0.

The Design Team will update the project plans, technical special specifications, quantities, and cost estimates per the Caltrans 2023 Construction Contract Standards. The design modification will involve project elements that reference the Caltrans design standards, which include the bridge, retaining walls, traffic signals, and striping. The geotechnical foundation report per SDC 2.0 shall be updated accordingly.

3. Project Schedule: This amendment is necessary due to the delay associated with the lengthy coordination with BNSF, LADWP, relocation of SCE Communication Line, and addition of an Electrical Overhead Shoofly. It is expected that all project components will be completed by June 2024 and the right of way can be certified by Caltrans by August 2024. The construction funds will be requested in the Caltrans HBP Annual Survey in September 2024.

The estimated cost for all additional efforts to extend the PSA is $177,070.27.

Current Amended Contract Amount: $2,279,677.94
Proposed New Amendment: $177,070.27
Total Proposed Amended Contract Amount: $2,456,748.21
We look forward to receiving City’s approval for this contract amendment. Should you have any questions about this proposal, please feel free to contact me at (951) 687-1005 ext.104 or by e-mail at [email protected].

Sincerely,
James Lu, P.E., S.E.

Project Manager / Principal
CNS Engineers, Inc.

Attachment: Cost proposal backup details
Local Assistance Procedures Manual
Date:

DIRECT LABOR Hourly Rate
Range Hours Total
68 @ 103.00 $ 7,004.00 $
40 @ 79.00 $ 3,160.00 $
24 @ 53.00 $ 1,272.00 $
64 @ 75.20 $ 4,812.80 $
24 @ 48.20 $ 1,156.80 $
0 @ - $ - $
0 @ - $ - $
Total Direct Labor Costs (DLC)
Rate Total
* %
Total Fringe Benefits (FB)
INDIRECT COSTS Total
Overhead (OH) * % *
General and Administrative (G&A) * % *
Total (* Combined FB, OH and G&A) 137.07 % 23,857.86 $
Total Indirect Costs (IC)
FEE (PROFIT) Rate Total
10 % 4,126.35 $
Fee (DLC+FB+IC)

ESTIMATED OTHER DIRECT COSTS (ODC)
(ODC is actual cost to be reimbursed with supporting documentation.)

1. Reproduction and Binding - $

2. Conference Calls - $

3. Transportation / Travel (Mileage will be IRS standard rate.) - $

4. Overnight Deliveries - $
Total Other Direct Costs
$ 45,389.80

SUBCONTRACTOR COSTS
KOA Corporation (Traffic) 19,655.23 $
Overland , Pacific & Cutler (Right of Way Appraisal and Acquisition) 18,366.90 $ Stantec (Roadway, Right of Way Easements, Regulatory Permits) 15,485.82 $ RailPros (Railroad) 68,171.95 $
Converse (Geotechnical) 10,000.57 $
GPA (Environmental) - $
Total Subcontractor Costs

TOTAL CONTRACT COST
Senior Bridge Engineer
Bridge Project Engineer
Senior CADD Designer
Project Manager (PM) / Principal
Bridge Engineer James Lu
Senior Roadway Engineer / Deputy
PM
Project Name:

Consultant:

Hourly Rate
Classification Name (2024)
Rehabilitation of Atlantic Blvd. Bridge over the Los Angeles River CNS Engineers, Inc. (Prime Consultant)
EXHIBIT 10-H

CITY OF VERNON

COST PROPOSAL
Federal Project No. 5139 (010)
Caltrans EA No. 0793210L 12/5/2023
Subtotal Direct Labor Costs 17,405.60 $
Anticipated Salary Increases (0.0%) (Escalation) - $
$ 131,680.47
$ 177,070.27
$ 17,405.60

FRINGE BENEFITS
$ -
$ 23,857.86
$ 4,126.35
$ -
Prime Consultant (CNS) Cost:

Project Name:

Consultant: CNS Engineers, Inc. (Prime Consultant) Date: 8/3/20 Task No. Task Description
Project Manager
(PM) / Principal
Bridge Engineer
Senior Bridge
Engineer
Bridge Project
Engineer
Senior Roadway
Engineer / Deputy
PM
Senior CADD
Designer Total Hours Labor Cost
(loaded billing rates) $ 268.60 $ 206.01 $ 138.21 $ 196.10 $ 125.69

1.0 1.01 Meetings and Coordination 24 8 8 40 9,663.35 $

1.02 Project Administration and Project Controls 16 16 4,297.60 $

1.03 Quality Control and Quality Assurance 8 16 24 5,286.47 $

1.04 Caltrans Local Assistance Funding Supports 16 16 32 7,435.27 $

2.0 2.01 Data Collection 0 - $

2.02 Field Review and Site Assessment 0 - $

2.03 Design Surveys and Orthophoto 0 - $

2.04 Right-of-Way Research and Base Mapping 0 - $

2.05 Utility Notification and Identification including
Potholing 0 - $

2.06 Geotechnical Investigations 0 - $

2.07 Limited Phase II Soil Sampling (RR Contamination) 0 - $

2.08 Diurnal and Nocturnal Bat/Nesting Bird Surveys 0 - $

2.09 Bridge Aesthetic Analysis and Historic Preservation Report 0 - $

2.10 Roadway Drainage Report 0 - $

2.11 Storm Water Quality Documentation 0 - $

2.12 Railroad Phasing and Signal Requirements 0 - $

2.13 Channel Hydraulics and Modification Requirements 0 - $

3.0 3.01 Resource Agency Permits (CDFG 1601, RWCB 401
and ACOE 404 and 408) 0 - $

3.02 CPUC General Order 88B Application 0 - $

3.03 Railroad C&M Agreement Assistance 0 - $

3.04 Utility Relocation Supports 0 - $

3.05 Right-of-Way Plats and Legal Description 0 - $

3.06 Right-of-Way Easement/Acquisition Supports 0 - $

4.0 4.01 Roadway Plans 0 - $

4.02 Stage Constructing Plans 0 - $

4.03 Utility Plans 0 - $

4.04 Drainage Plans 0 - $

4.05 Traffic Signal Plans 0 - $

4.06 Work Area Traffic Control Plans 0 - $

4.07 Signing and Striping Plans 0 - $

4.08 Street Lighting Plans and Sign Illumination Plans 0 - $

4.09 Channel Modification Plans 0 - $

4.10 Bridge Unchecked Plans 0 - $

4.11 Grade Crossing Plans 0 - $

5.0 5.01 Roadway Plans 0 - $

5.02 Stage Constructing Plans 0 - $

5.03 Utility Plans 0 - $

5.04 Drainage Plans 0 - $

5.05 Traffic Signal Plans 0 - $

5.06 Work Area Traffic Control Plans 0 - $

5.07 Signing and Striping Plans 0 - $

5.08 Street Lighting Plans and Sign Illumination Plans 0 - $

5.09 Channel Modification Plans 0 - $

5.10 Bridge Checked Plans 0 - $

5.11 Grade Crossing Plans 0 - $

5.12 Special Provisions and Workday Schedule 0 - $

5.13 Quantities and Cost Estimates 0 - $

5.14 Supplemental Cultural Study 0 - $
Design Coordination
65% Design Submittal
95% PS&E Submittal
PS&E Initiation

CITY OF VERNON
Cost Proposal - Man Hour Worksheet
Atlantic Blvd. Bridge over the Los Angeles River
Phase I: Development of Plans, Specifications and Estimates (PS&E) Project Management

Page 2 of 3 ends

Project Name:

CITY OF VERNON
Cost Proposal - Man Hour Worksheet
Atlantic Blvd. Bridge over the Los Angeles River

6.0 6.01 Roadway Plans 24 24 4,706.50 $

6.02 Stage Constructing Plans 0 - $

6.03 Utility Plans 0 - $

6.04 Drainage Plans 0 - $

6.05 Traffic Signal Plans 0 - $

6.06 Work Area Traffic Control Plans 0 - $

6.07 Signing and Striping Plans 0 - $

6.08 Street Lighting Plans and Sign Illumination Plans 0 - $

6.09 Channel Modification Plans 0 - $

6.10 Bridge Plans 4 32 24 24 84 14,000.60 $

6.11 Grade Crossing Plans 0 - $

6.12 Special Provisions and Suggested Workday Schedule 0 $ -

6.13 Quantities and Cost Estimates 0 - $

6.14 Resident Engineer's Pending Files 0 $ -
Total Hours 68 40 24 64 24 220 45,389.80 $
100% (Final) PS&E Submittal
2

Page 3 of 3 ends

Atlantic Blvd Bridge Replacement Page 1
CNS; City of Vernon JB73140 - Amendment #8
333 S. Anita Drive, Orange, CA 92868
T: 714.573.0317 | F: 714.573.9534 | www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO
December 5, 2023
Mr. James Lu
CNS Engineers, Inc.
11870 Pierce Street, Suite 265
Riverside, CA 92505
Subject: Atlantic Boulevard Bridge Reconstruction Project, Vernon, CA Amendment #8: Contract Extension for Final Approved Engineering Plans Dear Mr. Lu,
KOA Corporation (KOA) is submitting this amendment at the request of CNS for revisions to the latest engineering plans to update the plans, specifications and special provisions to comply with current local and State (Caltrans) 2023 Standards. Below is a summary of scope of services justifying the additional requested budget for the proposed contract extension.

SCOPE OF WORK
Management, Coordination, & Administration
KOA will provide availability to attend up to three (3) additional project team meetings (through December 2024) with the project team to discuss the development of the updated construction documents, including design-related issues, schedule, deliverables, etc. We will maintain lines of communication between CNS throughout the completion of this work. We will invoice in the same manner as the original contract, including summary of monthly progress using CNS’ standard form template.

Caltrans/Agency-Approved Traffic Control, Signing & Striping and Bridge Lighting Plans KOA’s latest plan set must be updated to current Caltrans standards, and has not yet been approved by the local agencies and/or Caltrans. The engineering plans to be updated and finalized as part of this task will incorporate the standards, guidelines and optional design directions established in (1) the latest California MUTCD (Revision 7 – March 10th, 2023); and (2) the Caltrans 2023 Standard Plans (July 24, 2023).

This amendment work also covers anticipated review and comment of the updated engineering plans by local agencies (Vernon, Maywood, Bell), LA Metro, CPUC and Caltrans, particularly in regards to traffic control and detouring impacts near the I-710/Atlantic/Bandini interchange. We will submit for review and revise the engineering plans as directed up to two (2) times for approval by local agencies and Metro, and up to two (2) times for approval by the CPUC and Caltrans. The engineering plan revisions will include the following sheets:
• Traffic Control Plans – Stages 1, 2A, 2B, 2C, 2D, D-A, 3A, 3A-B, 3B-A,B,C,D 11 sheets • Traffic Control and Detour Plans – 4-Day Bridge Closure 4 sheets • Signing and Striping Plan 2 sheets
• Street/Bridge Lighting Plan 1 sheet
Total 18 sheets

Atlantic Blvd Bridge Replacement Page 2
CNS; City of Vernon JB73140 - Amendment #8
333 S. Anita Drive, Orange, CA 92868
T: 714.573.0317 | F: 714.573.9534 | www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO
This scope of work does not include bid, pre-construction or construction phase support such as pre-bid meetings; bidding interpretations/addenda; review/evaluation of bids; pre-construction/site meetings; review and response to Contractor RFIs and/or submittals; preparation of design addenda; as-built plan preparation; or any other related project close-out tasks.

Revised Specifications and Estimates
KOA will provide updated technical specifications, special provisions, take-off quantities and cost estimates in compliance with Caltrans 2023 Standard Specifications and Contract Item Codes (July 24, 2023).

FEE
KOA will perform the above scope of work for a not-to-exceed fee of $19,655.23. Please see attached fee breakdown.

WORK SCHEDULE
KOA will coordinate with CNS to deliver the revised plans and construction documents in accordance with the Project’s master schedule. Upon receiving Notice To Proceed (NTP) and direction to commence the design revisions, KOA will accommodate completion of the first revised submittal for the Client’s review within six (6) weeks from said notice. Subsequent revisions will be competed approximately three (3) weeks after receiving comments from the Client and/or the reviewing agencies.

KOA is not responsible for delays caused by factors beyond KOA’s reasonable control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of any governmental or other regulatory authority to act in a timely manner, failure of the Client to furnish timely information or approve or disapprove of the KOA’s services or work product promptly, or delays caused by faulty performance by the Client or by contractors of any level. When such delays beyond KOA’s reasonable control occur, the Client agrees the KOA is not responsible for damages, nor shall KOA be deemed to be in default of this Agreement.

Atlantic Blvd Bridge Replacement Page 3
CNS; City of Vernon JB73140 - Amendment #8
333 S. Anita Drive, Orange, CA 92868
T: 714.573.0317 | F: 714.573.9534 | www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO

AUTHORIZATION
The signature below indicates acceptance of this proposal and authorization to proceed.

Sincerely,
KOA Corporation
Shirjeel Muhammad, MS, PE
Principal
The person signing and executing this contract for the Client represents and warrants that he or she is duly authorized and has legal capacity and actual authority to bind the Client to each and every term, condition and obligation of this Contract and that all requirements of the Client have been fulfilled to provide such actual authority. By signing below, Client agrees with the terms and conditions attached hereto and hereby made a part of this agreement.

Signature

Name (Please Print) Date

Title (Please Print) Client Purchase Order or Project Number Local Assistance Procedures Manual
Date:

KOA Corporation
DIRECT LABOR Hourly Rate
Range Hours Total
- 2 @ 102.85 $ 205.70 $
- 24 @ 83.99 $ 2,015.88 $
- 8 @ 80.57 $ 644.53 $
- 50 @ 49.71 $ 2,485.56 $
- 4 @ 52.28 $ 209.13 $
@ - $
@ - $
@ - $
@ - $
@ - $
@ - $
@ - $
@ - $
Total Direct Labor Costs (DLC)
Rate Total

54.79 % 3,122.94 $
Total Fringe Benefits (FB)
INDIRECT COSTS Total
Overhead (OH) 44.75 % 2,550.67 $
General and Administrative (G&A) 59.16 % 3,372.02 $
Total (* Combined FB, OH and G&A) 158.7 % 9,045.63 $
Total Indirect Costs (IC)
FEE (PROFIT) Rate Total
10 % 1,786.84 $
Fee (DLC+FB+IC)

ESTIMATED OTHER DIRECT COSTS (ODC)
(ODC is actual cost to be reimbursed with supporting documentation.)

1. Reproduction and Binding $ -

2. Plotting $ -

3. Transportation / Travel (Mileage will be IRS standard rate.) $ -

4. Overnight Deliveries $ -
$ -
Total Other Direct Costs

SUBCONTRACTOR COSTS

TOTAL COST
$ -
$ -
$ 19,655.23
$ 3,122.94
$ 9,045.63
$ 1,786.84
$ -
$ -
$ -
Subtotal Direct Labor Costs 5,560.81 $
Anticipated Salary Increases (2.5%) (Escalation) 139 $ .02 $ 5,699.83

FRINGE BENEFITS
Engineer Associate Various
Designer Various
Principal Various
Project Manager Various
Engineer Various
Project Name:

Consultant:

Initial Hourly
Classification Name Rate
Addendum #8 Contract Extension for Final Approved Engineering Plans EXHIBIT 10-H

CITY OF VERNON

COST PROPOSAL
Federal Project No.:

Caltrans EA No.: 12/5/2022
www.OPCservices.com | 5000 Airport Plaza Drive, Suite 250, Long Beach, CA 90815 ph 562.304.2000 | fx 562.304.2020
November 17, 2022
Mr. James Lu, PE, SE
Senior Manager/Principal
CNS Engineers, Inc.
11870 Pierce Street, Suite 265
Riverside, CA 92505
Sent Via Email: [email protected]
RE: Rehabilitation of Atlantic Blvd. Bridge over the Los Angeles River Contract Amendment No. 9
Dear Mr. Lu:

As discussed, an amendment to our contract is necessary for work associated with the coordination of utilities and continued acquisition activities for the subject City of Vernon (City) bridge rehabilitation project (Project).

Our acquisition services will continue as follows:

1. Continue to be the primary point of contact for all acquisition activities, escrow coordination, including certification, through the December 2023 extension of the contract.

2. OPC will continue acquisition efforts obtaining licenses and acquisition documents for 6304-007-274, 6314- 033-271 LADWP, 6314-003-010 Amazon, 6314-003-900 & 901 BNSF, 6314-033-002-Magellan and 6314- 003-001 Krystal Enterprises and Clear Channel.

Utility Coordination will be led by David Moore, Senior Utility Manager, who will be the day-to-day coordinator on the Project. Utility coordination support work as follows:

1. Act as the primary point of contact with conflicting utility owners.

2. Actively participate in Project Development Team to update the City and Team on the progression of utility work (estimated eight meetings).

3. Issue updated Notice to Relocate Claim Letters using City provided templates (two conflicting utility owners).

4. Work with the design team to develop and update a utility conflict matrix.

5. Determine liability for the utility conflicts that are impacted by the Project (SCE and Maywood Mutual Water).

6. Coordinate and plan with the utility owners and their designers as needed to discuss Project design, conflicts, relocation alternatives, and resolution to conflicts (estimated two utility owners and five conflicts for a total of 12 meetings including face to face, field and teleconference).

7. Obtain detailed scopes of work from the utility owners for relocation, estimated start and completion dates and proposed cost to perform and complete the relocation activity.

8. Issue Notice to Owner to relocate using City provided letterhead.

9. Prepare and execute Utility Agreements (UA) for utility owners who have prior rights and conflict with the Project (estimated two UA).

10. Prepare Caltrans required Reports of Investigation for each utility owner.

11. Work with the City and utility owner to ensure the relocation plan is compatible with permit requirements.

12. Prepare and execute through Caltrans, the FHWA Specific Authorizations for utility relocations and utility agreements.

13. Prepare the utility section of the Right of Way Certification.

Rehabilitation of Atlantic Blvd. Bridge over the Los Angeles River Contract Amendment No. 9 Page | 2
Accepted, Authorization to Proceed:

Additional Fees of $18,366.90

Signature/Title:
_______
Date:

Assumptions/Exclusions

1. All conflicts will be determined by the Design team. The above estimates are based on information provided by the Design team. Changes in these items may result in increased/decreased scope.

2. All City owned facilities including utility service-related items (water meters, traffic signals and City owned streetlights) are not considered part of this scope. These items will be identified by Design, but actual noticing and detailed coordination is not necessary and relocation work will be conducted by the awarded road contractor.

3. Scope does not include any fees or work associated with the actual relocation of the utility facilities and/or construction management/inspection.

The amendment is necessary due to design changes and delays to the Project. The additional fees are for utility coordination work as indicated above.

Additional costs to complete the identified services as described will be $18,366.90, comprised of $6,444.52 and $11,922.38 for utility coordination. Back up documentation for our fees are included in Exhibit 10-H1 attached.

Based on this additional work, our revised contract amount would be as follows:

Original Contract Amount $ 57,764.65
Amendment No. 1 $ 6,300.00
Amendment No. 2 $ 40,086.70
Amendment No. 3 $ 90,912.04
Amendment No. 4 $ 47,410.00
Amendment No. 5 $ 800.00
Amendment No. 6 $ 6,061.00
Amendment No. 7 $ 24,450.00
Amendment No. 8 $ 24,108.76
Amendment No. 9 (this amendment) $18,366.90
Total New Contract Amount: $316,260.05
If the proposed Contract Amendment No. 9 meets your approval, please sign below and return it to me and/or provide a contract change order authorization in a form acceptable to you. Should you have any questions or need additional information, please contact me at 562.304.2028 or [email protected].

Sincerely,
Roy Guinaldo, RWA
Senior Project Manager
OPC
Roy Guinaldo
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant:

Project No. Contract: Date 11/17/2022
Hours Actual Hourly Rate Total

60.0 $ 4,326.76

35.0 $ 1,380.12

10.0 $ 360.60
Mia Garcia 1.0 $ 39.43

20.0 $ 558.63
$ 6,665.54
$ -
$ -
$ -

LABOR COSTS
$ 6,665.54
$ -
$ 99.98
d) TOTAL DIRECT LABOR COSTS [(a) + (b)+(c)] $ 6,765.52

INDIRECT COSTS

0.00% ) i) Total Fringe Benefits [(d) x (e)] 0.00

0.00% j) Overhead [(b) x (f)] 0.00
g) Overhead Office (Rate: 149.00% ) k) Overhead [(a) x (g)] 9,931.65

0.00% ) l) Gen & Admin [(d) x (h)] 0.00
m) TOTAL INDIRECT COSTS [(i) + (j) + (k)+(l)] $ 9,931.65 FIXED FEE n) TOTAL FIXED FEE [(d) + (j) + (k)] x fixed fee 10.00% ] 1,669.72 o) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Total
$ -
p) TOTAL OTHER DIRECT COSTS $ -
q) SUBCONSULTANTS' COSTS (Add additional pages if necessary) $ -
r) TOTAL SUBCONSULTANTS' COSTS $ -
s) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(p) + (r)] $ - TOTAL COST [(d) + (m) + (n) + (s)] $ 18,366.89
NOTES:

1. 2.

Page 1 of 3 ends

January 2020
$ 27.93
Senior Agent $ 36.06
Project Control Manager $ 39.43
Maria Martinez/Inez Garcia
$ 39.43
f) Overhead Field (Rate:

Description of Item
Field Personnel
Total Office Direct Labor
a) Subtotal Direct Labor Costs - Office
Unit Cost
Total Field Direct Labor $ -
h) General & Admin (Rate:

Project Coordinator
c) Anticipated Salary Increases (see page 2 for calculation) David Moore $ 72.11
Senior Project Manager Roy Guinaldo
Anticipated salary increases calculation (page 2) must accompany.

Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. e) Fringe Benefits (Rate:
b) Subtotal Direct Labor Costs - Field
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
Note: Mark-ups are Not Allowed
Name
Overland, Pacific & Cutler, LLC

DIRECT LABOR
Classification/Title
City of Vernon Rehabilitation of Atlantic Blvd. Bridge over the Los Angeles River

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS Office Personnel
Senior Utility Manager
Stantec Consulting Services Inc.
38 Technology Drive, Irvine CA 92618-5312
November 30, 2023
File: 2073013430
Attention: James Lu
CNS Engineers, Inc.
11870 Pierce Street, Suite 265
Riverside, CA 92505
Dear Mr. Lu,
Reference: Cost Proposal for 2024 Contract Extension with Miscellaneous Tasks The contract is to be extended from 12/31/2023 to 12/31/2024. Stantec Consulting Services Inc. (Stantec) is requesting a contract amendment for additional services, which includes additional project management and coordination, completion of PS&E documents to current standards.

Services will be provided on a time-and-materials, not-to-exceed basis based upon the employee’s current year hourly rate plus fringe benefits, indirect costs, and fee (profit) as calculated in the fee summary attached.

The attached proposal includes the following information:
• Scope of Services
• Fee Summary
Please feel free to respond with any questions or comments.

Regards,
Stantec Consulting Services Inc.

Susan Reid P.E.

Project Manager
Phone: 949 923 6223
[email protected]
Sherry Weinmeier
Principal, Transportation Planning & Traffic
Engineering
Phone: 949 923 6265
[email protected]
November 30, 2023
James Lu

Page 2 of 2 ends

Reference: Cost Proposal for 2024 Contract Extension with Miscellaneous Tasks Scope of Services
• Extension of contract from 12/31/2023 to 12/31/2024. This one-year project extension requires additional project management and additional project coordination with CNS, the City of Vernon, various agencies, and other project consultants and parties to the project. Miscellaneous minor exhibits and details are also included, as well as minor finalization of the PS&E documents to current Caltrans 2023 standards. Additional oversight, quality control, contract review and administration are also required. This task includes 2 hours for Stantec Team Leader, 60 hours for the Roadway Design Lead, 2 hours for Survey Project Manager and 2 hours for Administrative Services.

Fee Summary
See attached spreadsheet.

TOTAL : $15,485.82
Local Assistance Procedures Manual
Date:

Stantec Consulting, Inc.

DIRECT LABOR Hourly Rate
Range Hours Total
2 @ $ 103.98 $ 207.96
60 @ $ 67.78 $ 4,066.80
2 @ $ 79.33 $ 158.66
2 @ $ 44.55 $ 89.10
Total Direct Labor Costs (DLC)
Rate Total
52% % $ 2,343.12
Total Fringe Benefits (FB)
INDIRECT COSTS Total
Overhead (OH) 107.67% % $ 4,869.26
General and Administrative (G&A) * % *
Total (* Combined OH and G&A) 159% % *
Total Indirect Costs (IC)
FEE (PROFIT) Rate Total
10 % $ 1,407.80
Fee (DLC+FB+IC)

ESTIMATED OTHER DIRECT COSTS (ODC)
(ODC is actual cost to be reimbursed with supporting documentation.)

1. Reproduction and Binding $ -

2. Plotting $ -

3. Transportation / Travel (Mileage will be IRS standard rate.) $ -

4. Overnight Deliveries $ -

5. 2-man Field Survey Truck and Equipment $ -
Total Other Direct Costs

SUBCONTRACTOR COSTS
Potholing
Aerial Mapping
TOTAL COST $ 15,485.82
Anticipated Salary Increases (3.35 %) (Escalation) $ -
$ 4,522.52

FRINGE BENEFITS
$ 2,343.12
$ 7,212.38
$ 1,407.80
$ -
$ -
$ -
$ 4,522.52
Survey Project Manager Jim Steines
Administrative Services Connie Woodward
Subtotal Direct Labor Costs
Stantec Team Leader Sherry Weinmeier
Roadway Design Lead Susan Reid
Project Name: Atlantic Blvd. Bridge over the Los Angeles River Consultant:

Hourly Rate
Classification Name (2024)
EXHIBIT 10-H

CITY OF VERNON
COST PROPOSAL FOR 2024 CONTRACT EXTENSION, MISC
Federal Project No.:

Caltrans EA No.: 11/30/2023

Page 1 of 5 ends

250 Commerce, Suite 200
Irvine, CA 92602
P: (714) 734 - 8765 F: (714) 734 - 8755
w w w . r a i l p r o s . c o m
Atlantic Boulevard Bridge Widening
Contract Amendment No. 9
Scope of Work Amendment
December 4, 2023
A scope amendment is required to obtain permits from BNSF/LAJ for the proposed electrical underground utility casings at three locations under the North and South Atlantic Blvd at-grade railroad crossings and one temporary electrical overhead utility shoofly over the Temporary Construction Easement (TCE) areas at two locations over the North and South Atlantic Blvd atgrade railroad crossings. Also, the previous contract is soon to expire on December 31, 2023, and a scope amendment is required to extend the contract from December 31, 2023, to December 31, 2024. The extended contract length of one year generates the need for additional general project management, meetings, and coordination with stakeholders, which is captured in this contract amendment.

The Amendment No. 9 tasks outlined below are in addition to the tasks currently authorized on the project:
• Utility design review and permitting services for the proposed electrical underground utility casings and temporary electrical overhead utility shoofly crossings at the BNSF/LAJ Atlantic Blvd at-grade railroad crossings.
• Contract time extension for one year. Project Management, Railroad Design Coordination, and PS&E services extended from December 31, 2023, through December 31, 2024.
• Additional general project management, meetings, bid support, design reviews and support and permitting, and coordination services due to contract time extension and anticipated stakeholder feedback and requirements.

The attached cost proposal details our expected costs and staff to complete this additional work. RailPros is requesting $68,171.95 in additional authorization.

We look forward to continuing to work with CNS and the City towards the successful completion of this project. Please feel free to contact us if you have any questions regarding this.

Page 2 of 5 ends

250 Commerce, Suite 200
Irvine, CA 92602
P: (714) 734 - 8765 F: (714) 734 - 8755
w w w . r a i l p r o s . c o m

1.0 PROJECT MANAGEMENT

1.01 Meetings and Coordination
Addition of the following scope to this task:

Task Objective
RailPros shall participate in project meetings as specified below and perform general project coordination efforts with respective to the City, BNSF/LAJ, and design team staff.

RailPros Activities
• General project coordination efforts to deliver a quality product through time extension (December 2023 – December 2024).
• Meetings: Participate in up to 6 meetings via conference call:
o Up to 6 PDT meetings via conference call
o Ongoing coordination for all stakeholders
o Follow-up calls
o Emails

3.0 RAILROAD DESIGN COORDINATION

3.02 Final CPUC GO88B Applications
Task Objective
RailPros has been providing ongoing coordination and support services for the development of the draft CPUC GO 88-B construction permit applications for each of the two BNSF/LAJ railroad crossings. Additional reviews and revisions are anticipated before the construction permit applications are approved.

RailPros Activities
• Development and coordination of stakeholder review and revisions for the two GO 88-B construction permit applications (one for each crossing).

Task Deliverables
• Revised CPUC GO 88-B (one for each crossing)
• Final CPUC GO 88-B Documents for stakeholder signatures (one for each crossing)

3.07 Review Stage Construction and Work Area Traffic Control Plans Task Objective
RailPros has been providing ongoing design, coordination and support services for the project development. Due to the duration of the project, changes in stakeholder staffing, standards, and other requirements, additional, unanticipated design, and support services were previously provided, such as additional CPUC, BNSF, and other stakeholder design comments and plan revisions, CPUC GO 88-B construction permit application reviews, traffic signal design and

Page 3 of 5 ends

250 Commerce, Suite 200
Irvine, CA 92602
P: (714) 734 - 8765 F: (714) 734 - 8755
w w w . r a i l p r o s . c o m
interconnect revisions, temporary traffic control, and temporary grade crossing modification reviews and revisions, among other services. under his amendment RailPros will continue to provide these additional and other ongoing design support and coordination services. We also anticipate that additional review comments and design iterations may be required based upon stakeholder feedback. In addition, the design documents will need to be revised to reflect newly issued standard plans, specifications, and guidelines.

RailPros Activities
• Development and coordination of stakeholder review and revisions (up to 2 iterations) for the following:
o Traffic Signal and Interconnect Design Plans
o Temporary Grade Crossing Modification Design Plans
o Grade Crossing Modification Design Plans
o Railroad Crossing Preemption Calculations, Preemption Exhibits, and Preemption Request Forms
Task Deliverables
• Final Traffic Signal and Interconnect Design Plans
• Final Temporary Grade Crossing Modification Design Plans • Final Grade Crossing Modification Design Plans
• Final Railroad Crossing Preemption Calculations, Preemption Exhibits, and Preemption Request Forms

3.09 Railroad Utility Design Review and Permitting Services Task Objective
RailPros has provided and will continue to provide ongoing and as needed utility design review and permitting services to obtain permits from BNSF/LAJ for the proposed electrical underground utility casings at three locations under the North and South Atlantic Blvd at-grade railroad crossings and one temporary electrical overhead utility shoofly over the Temporary Construction Easement (TCE) areas at two locations over the North and South Atlantic Blvd at-grade railroad crossings.

RailPros will utilize an online application project management system to enable communication and document distribution between RailPros and the City. The RailPros Real Estate Specialist oversees the entire application and engineering review process. A designated representative(s) of the City will have 24-hour access to online project management system.

When a railroad permit is needed, the City will upload the request to the RailPros permitting management system, including complete project detail and agreed upon form of design/sketch.

The RailPros Real Estate Specialist will oversee the internal and railroad review process. Upon City submittal, RailPros will acknowledge receipt within one (1) business day. RailPros will review and respond to City within five (5) business days with questions, requests for clarifications, or

Page 4 of 5 ends

250 Commerce, Suite 200
Irvine, CA 92602
P: (714) 734 - 8765 F: (714) 734 - 8755
w w w . r a i l p r o s . c o m
comments noting design issues or safety concerns based upon the specific railroad criterium for each submittal or resubmittal of the design. The City will inform the RailPros Real Estate Specialist of interruptions to the permit schedule after the initial RailPros review.

Once the design and application meet the specific railroad standards, RailPros will formally file the application on the City’s behalf. City will be responsible for paying all application and license fees to the railroad, unless specifically requested by City. RailPros will track the application process with the railroad and will notify the City of the progress on a regular basis. Should the City request RailPros to pay for any application fees, they will be billed to the City plus 5% handling charge and identified on the RailPros invoice. City will be invoiced monthly for the services rendered per the attached Fee Schedule.

RailPros Activities
• Additional review of railroad permit requirements (based on stakeholder feedback) • Engineering review of utility crossings (to assist in addressing stakeholder feedback) • Submittal/resubmittal of applications, details or revisions to railroads • Tracking and monitoring of the application status
Task Deliverables
• Review comments of railroad permit requirements
• Engineering review comments of utility crossings
• Utility application submittals (up to 1 additional submittal/iteration for each of the 2 crossings)

3.10 BNSF/LAJ Plan Review Coordination, Comment Resolution, and Plan Revisions RailPros will coordinate reviews of all design plan sets with BNSF, participate in and resolve all potential design plan set comment conflicts, and coordinate design plan set revisions. This task may involve the coordination with another Project Team consultant regarding the development of an additional Temporary Traffic Control Design plan sheet and/or an additional Temporary Grade Crossing Modification Design plan sheet.

RailPros Activities
• Coordination of initial and subsequent design plan set reviews with BNSF/LAJ • Participation and eventual resolution of any and all potential design comment conflicts • Coordination with the Project Team concerning all design plan set revisions.

Task Deliverables
• Up to two (2) revisions of all design plan sets including final stage design plan sets • Internal comments for up to two (2) revisions of all design plan sets including final stage design plan sets.
• Stakeholder resolution comment matrices for up to two (2) revisions of all design plan sets including final stage design plan sets.

Page 5 of 5 ends

250 Commerce, Suite 200
Irvine, CA 92602
P: (714) 734 - 8765 F: (714) 734 - 8755
w w w . r a i l p r o s . c o m
• Draft and final minutes for up to two (2) comment resolution meetings.

Assumptions
• Total meeting, coordination, project management, and participation hours are per the fee breakdown. If additional support is needed, a scope amendment may be necessary to complete services.
• All agreement and permit fees will be paid by the City of Vernon or by proxy and not by RailPros.
• Where possible, meetings will be via conference call to conserve costs • Where possible, documents or other deliverables will be provided electronically in PDF format to conserve costs.
• Meetings, coordination, project management, and other as-needed support services will be per the fee breakdown. If additional support is needed, a scope amendment may be necessary to complete services.
• All design specifications will be in accordance with CPUC and BNSF standards and requirements and may be subject to review by CPUC and BNSF. • CPUC and BNSF permits/plan approvals will follow standard procedures and will be based on or drafted from standard forms or boilerplate documents provided by the respective stakeholders. Information for completing the draft documents, including plans and other details, will be provided to RailPros by the project team or respective stakeholders. Final permits, license agreements or other documents may involve stakeholder legal or other internal reviews and comments that are outside of RailPros control and may require additional effort, scope, or fees to complete. Finalizing of these is contingent on concurrence or agreement between the stakeholders and may impact the associated schedule and scope for receiving final approvals.
• Bid support or design services during construction are excluded. • Stakeholder review and processing fees may vary and may exceed estimated costs included in this scope of work. Additional fees may be required to obtain final approvals. • RailPros’ efforts are limited to the hours and level of effort on the attached fee estimate, and Based on current design status and stakeholder coordination, additional design review submittals and comments may be required. No new design plan sheets or design elements are anticipated. Comments and revisions are assumed to be addressed on existing design sheets and design elements. This scope assumes up to 2 submittal iterations.
• Additional services may be provided by RailPros under a separate scope and fee amendment.

Local Assistance Procedures Manual
Date:

RailPros, Inc.

DIRECT LABOR Hourly Rate
Range Hours Total
44 @ $ 96.00 $ 4,224.00
142 @ $ 77.00 $ 10,934.00
68 @ $ 45.00 $ 3,060.00
4 @ $ 113.00 $ 452.00
8 @ $ 40.00 $ 320.00
@ $ -
@ $ -
Total Direct Labor Costs (DLC)
Rate Total
* %
Total Fringe Benefits (FB)
INDIRECT COSTS Total
Overhead (OH) * % *
General and Administrative (G&A) * % *
Total (* Combined FB, OH and G&A) 150 % $ 29,439.25
Total Indirect Costs (IC)
FEE (PROFIT) Rate Total
10 % $ 4,906.54
Fee (DLC+FB+IC)
UTILITY DESIGN REVIEW AND PERMITTING SERVICES Total Crossings $1,550 2
$1,550 2
$1,000 2
$1,000 2
$2,000 2

ESTIMATED OTHER DIRECT COSTS (ODC)
(ODC is actual cost to be reimbursed with supporting documentation.)

1. Reproduction and Binding $ -

2. Plotting $ -

3. Transportation / Travel (Mileage will be IRS standard rate.) 0 miles/trip; 0 trips $ -

4. Overnight Deliveries $ -

5. Video Survey $ -
Total Other Direct Costs

SUBCONTRACTOR COSTS
Total Cost

FRINGE BENEFITS
Anticipated Salary Increases (3.35%) (Escalation)
Per Crossing
$ 18,990.00
$ 636.17
$ 19,626.17
$ 68,171.95 ADDITIONAL AUTHORIZATION REQUESTED FOR TOTAL COST TO COMPLETE AND AMENDMENT No. 8:
$ -
$ 29,439.25
$ 4,906.54
$ -
$ 68,171.95
$ 3,100.00
$ 3,100.00
Total Cost $ 14,200.00
Filing and Tracking of Railroad Application for Utility Crossing Permit
Amendment / Modification of Utility Crossing Submittal
Per Crossing
$ 2,000.00
$ 2,000.00
Structures Engineer R. Casimere
Subtotal Direct Labor Costs
Project Manager R. Williams
Traffic Designer K. Ablan
Structures Specialist S. Naveed
Traffic Engineer W. Swindle
Hourly Rate
Classification Name (2024)
EXHIBIT 10-H

CITY OF VERNON

COST PROPOSAL
Federal Project No.:

Caltrans EA No.: 12/4/2023
Project Name: Atlantic Blvd. Bridge over the Los Angeles River Consultant:
$ 4,000.00
Per Crossing
Per Crossing
Per Crossing
Initial Engineering Review of Client's Print/Plan and Profile for Crossings
Non-Intrusive/Survey Permit Submittals not requiring a Right of Entry request
Secondary Engineering Reviews/Modification review of Client’s Print/Plan and Profiles

Page 1 of 1 ends

Project: Rehabilitation of Atlantic Blvd Bridge over the Los Angeles River Consultant: RailPros, Inc.

Project
Manager
Traffic
Engineer
Traffic
Designer
Structures
Specialist
Structures
Engineer
Robert
Williams
William
Swindle
Kyle
Ablan
Sarwar
Naveed
Reece
Casimere
$ 96.00 $ 77.00 $ 45.00 $ 113.00 $ 40.00

1.0 Project Management (Dec 2023 to Dec 2024 - 1 year)

1.01 Meetings and Coordination (Meetings via conference call, follow-up calls, emails) 20 30 50 $ 4,230.00

3.0 Railroad Design Coordination (Dec 2023 to Dec 2024 - 1 year)

3.02 Final CPUC GO88B Applications
(2 BNSF/LAJ at-grade crossings) 8 35 20 63 $ 4,363.00

3.07 Review Stage Construction and Work Area Traffic Control Plans 8 42 28 78 $ 5,262.00

3.09 Railroad Utility Design Review and Permitting Services (2 BNSF/LAJ at-grade crossings) 4 8 12 $ 772.00

3.10 Stakeholder Plan Review Coordination, Comment Resolution, and Plan Revisions
(2 BNSF/LAJ at-grade crossings)
8 35 20 63 $ 4,363.00
44 142 68 4 8 266 $ 18,990.00
$ 636.17
$ 29,439.25
$ 4,906.54
No. Utility Permitting Services Rate Schedule
1 $ 3,100.00
2 $ 3,100.00
3 $ 2,000.00
4 $ 2,000.00
5 $ 4,000.00
$ 14,200.00
$ 68,171.95
Task Total Hours / Subtotal Estimate to Complete Tasks
Anticipated Salary Increases (3.35%) (Escalation) =
Indirect Costs =
Profit =
Contract Amendment No. 9
(raw rate)
Task Description Task
No.

Total Hours Raw Labor Cost
Subtotal Other Direct Costs
Total Estimate to Complete
Filing and Tracking of Railroad Application for Utility Crossing Permit @ $1,550.00 per crossing (2 BNSF/LAJ at-grade crossings) Amendment / Modification of Utility Crossing Submittal @ $1,550.00 per crossing (2 BNSF/LAJ at-grade crossings) Initial Engineering Review of Client's Print/Plan and Profile for Crossings @ $1,000.00 per crossing (2 BNSF/LAJ at-grade crossings) Non-Intrusive/Survey Permit Submittals not requiring a Right of Entry request @ $1500.00 per crossing (2 BNSF/LAJ at-grade crossings) Secondary Engineering Reviews/Modification review of Client’s Print/Plan and Profiles @ $1000.00 per crossing (2 BNSF/LAJ at-grade crossings) 250 Commerce, Suite 200
Irvine, Ca 92602 12/4/2023
P: (714) 734 - 8765 F: (714) 734 - 8755
www.railpros.com
Converse Consultants
Geotechnical Engineering, Environmental & Groundwater Science, Inspection & Testing Services 717 South Myrtle Avenue, Monrovia, California 91016
Telephone: (626) 930-1200 ♦ Facsimile: (626) 930-1212 ♦ www.converseconsultants.com November 30, 2023
Mr. James Lu, PE, SE
Principal
CNS Engineers, Inc.
10370 Hemet Street, Suite 340
Riverside, California 92503
Subject: PROPOSAL TO UPDATE THE DESIGN AND SPECIFICATIONS PER

NEW STANDARDS
Atlantic Boulevard Bridge Widening
Vernon, California
Converse Project No. 08-31-330-00 (03)
Dear Mr. Lu:

Converse Consultants (Converse) appreciates the opportunity to submit this proposal to update the project design and specifications per new Caltrans (or Greenbook) standards for the Atlantic Boulevard Bridge Widening project over Los Angeles River in Vernon, California

SCOPE OF SERVICES
Per your email dated November 27, 2023, we understand you would like us to provide the following:
 Update the design/specs/Foundation Report per new Caltrans (or Greenbook) standards.
 Extend the contract to December 31, 2024.

COST ESTIMATE AND FEES
Our services will be performed in accordance with our current Schedule of Fees and General Conditions, copies of which are attached and form a part of this proposal.

Our cost breakdown is included in the following table:

Title Unit Number Unit Rate Cost
of Units ($) ($)
Principal Hours 8 $261.33 $2,090.64
Senior Staff Professional Hours 36 $161.65 $5,819.40
Drafting Hours 20 $67.35 $1,347.00
Word Processing Hours 12 $61.96 $743.52
TOTAL $10,000.56
Proposal to Update the Design and Specifications per New Standards Atlantic Boulevard Bridge Widening
Vernon, California
November 30, 2023
Page ii
Converse Consultants
K:\31-Geotech\2008\08-31-330 Atlantic Boulevard CNS Engineering\03 Proposal 11-30-23 u12-1-23\08-31-330_upro(03) Atlantic Blvd Bridge Widening u12-1-23.doc

CLOSURE
Our review will be prepared in accordance with generally accepted professional geotechnical engineering and engineering geologic principles and practice in Southern California. Unless we hear differently, it will be assumed that these conditions are acceptable to you.

This proposal expires ninety (90) days from its issuance, if not accepted within that time. Converse’s billing rates are reviewed annually and are subject to adjustment at the beginning of each calendar year.

If the terms of this proposal are acceptable, please complete and sign the attached Acceptance of Agreement and Authorization to Proceed form and forward it to our office with one copy of this signed proposal to formally authorize our services.

Special billing instructions, including backup documentation requirements, should be mutually agreed upon and indicated in the authorization form. Subsequent additions or changes should likewise be mutually agreed upon and submitted in writing with the appropriate authorization.

Please do not hesitate to contact the undersigned at (626) 930-1275 if you have any questions or wish to discuss this proposal in greater detail. The opportunity to be of service is appreciated.

Sincerely,

CONVERSE CONSULTANTS
Siva K. Sivathasan, PhD, PE, GE, DGE, QSD, F. ASCE
Senior Vice President / Principal Engineer
Dist: 1/Addressee via Email
Encl: Schedule of Fees, General Conditions
SKS/PA:jjl
Title Quantity Hourly Rate Loaded Rate Amount
Principal Engineer 8 $ 97.00 $ 261.33 $ 2,090.64
Senior Staff Engineer 36 $ 60.00 $ 161.65 $ 5,819.30
Drafting 20 $ 25.00 $ 67.35 $ 1,347.06
Word Processing 12 $ 23.00 $ 61.96 $ 743.58
Total= $ 10,000.57
Approved Overhead = 144.92%, Fee=10%
City Council Agenda Report
Meeting Date: January 16, 2024
From: Daniel S. Wall, P.E., Director of Public Works
Department: Public Works
Submitted by: Cynthia Cano, Administrative Secretary
Subject
Amendment No. 2 to Services Agreement with Mariposa Landscape, Inc. Contract No. CS-1413 Recommendation
Approve and authorize the City Administrator to execute Amendment No. 2 to the Services Agreement with Mariposa Landscape, Inc., in substantially the same form as submitted, for a one (1) year term in an amount not-to-exceed $58,332.

Background
As required by Vernon Municipal Code (VMC) Sections 3.32.130 and 3.32.200 respectively, in November 2021, the City advertised and received proposals for Grounds Maintenance Services.

On December 7, 2021, the City awarded Contract No. CS-1413 to Mariposa Landscape, Inc. (Mariposa) for Grounds Maintenance for the period of January 1, 2022 through December 31, 2022, for a total amount not to exceed $43,530.48. An extension of City Contract No. CS-1413 for a period of one (1) year was granted for a total of $56,508 from January 1, 2023, to December 31, 2023.

The Public Works Department is satisfied with the services provided by Mariposa, and Mariposa is willing to extend the contract for an additional year. The Request for Proposals (RFP) process is valid for three years and the City has the option to renew/amend an agreement if both parties agree. During the renewal term of January 1, 2024, through December 31, 2024, the monthly cost for services will increase from $4,709 to $4,861 due to rising costs for fuel, labor, insurance, equipment, and supplies paid by the contractor. The increased rate is permissible pursuant to VMC Section 3.32.220(C), as it is essentially due to a pass through of increased costs charged to the contractor.

Amendment No. 2 requires City Council approval pursuant to VMC Section 3.32.030A as the total value over the lifetime of the contract with Mariposa exceeds $100,000. The proposed amendment has been reviewed and approved as to form by the City Attorney’s Office.

Fiscal Impact
Amendment No. 2 with Mariposa would add $58,332 to the services agreement for a grand total not-to-exceed $158,370.48. Sufficient funds for the agreement are available in General Fund, Public Works, City Building Division, Repairs & Maintenance Account No. 011-040-415-529000 for the current fiscal year and will be budgeted accordingly in Fiscal Year 2024-2025.

Attachments

1. Amendment No. 2 with Mariposa Landscape, Inc.

City Council Agenda Report
Meeting Date: January 16, 2024
From: Daniel S. Wall, P.E., Director of Public Works
Department: Public Works
Submitted by: Cynthia Cano, Administrative Secretary
Subject
Amendment No. 2 to Services Agreement with Allied Universal Janitorial Services, Contract No.

CS-1414
Recommendation
Approve and authorize the City Administrator to execute Amendment No. 2 to the Services Agreement with Universal Building Maintenance, LLC dba Allied Universal Janitorial Services, in substantially the same form as submitted, for a one (1) year term in an amount not-to-exceed $146,163.

Background
As required by Vernon Municipal Code (VMC) Sections 3.32.130 and 3.32.200 respectively, in November 2021, the City advertised and received proposals for Janitorial Services. On December 7, 2021, the City Council approved the award of City Contract No. CS-1414 to Universal Building Maintenance, LLC dba Allied Universal Janitorial Services (Allied) for janitorial services at various City facilities for the period of January 1, 2022, through December 31, 2022, for a total amount not-to-exceed $128,000. An extension of City Contract No. CS-1414 for a period of one (1) year was granted for a total of $134,008.44 from January 1, 2023, through December 31, 2023.

The Public Works Department is satisfied with the services provided by Allied, and Allied is willing to extend the contract for an additional year. The Request for Proposals (RFP) process is valid for three years and the City has the option to renew/amend an agreement if both parties agree.

During the renewal term of January 1, 2024, through December 31, 2024, the monthly cost for services will increase from $11,167.37 to $12,180.25 due to rising costs for cleaning supplies and labor. The increased rate is permissible pursuant to VMC Section 3.32.220(C), as these are essentially a pass through of increased costs charged to the contractor.

Amendment No. 2 requires City Council approval pursuant to VMC Section 3.32.030A as the total value over the lifetime of the contract with Allied exceeds $100,000. The proposed amendment has been reviewed and approved as to form by the City Attorney’s office.

Fiscal Impact
Amendment No. 2 with Allied would add $146,163 to the service agreement for a grand total notto-exceed $408,171.44. Sufficient funds for the agreement are available in General Fund, Public Works, City Building Division, Repairs & Maintenance Account No. 011-040-415-529000 for the current fiscal year and will be budgeted accordingly in Fiscal Year 2024-2025.

Attachments

1. Amendment No. 2 with Allied Janitorial Services

City Council Agenda Report
Meeting Date: January 16, 2024
From: Robert Sousa, Chief of Police
Department: Police
Submitted by: Brandon Gray, Captain
Subject
Purchase of Police Administration Vehicle
Recommendation
Approve and authorize issuance of a purchase order with National Auto Fleet Group for the purchase of a new police administration vehicle for a total amount not-to-exceed $64,000.

Background
Effective December 31, 2023, the Police Department (PD) filled the newly created Lieutenant position that was included in the PD 2023-2024 fiscal year budget and approved by City Council. Sworn members of PD management are issued unmarked administration vehicles to travel to and from work as dictated in the Vernon Police Management Association’s Memorandum of Understanding, allowing managers to respond from offsite to emergency incidents occurring in the City, and to assist with incidents in surrounding agencies. An assessment of PD’s vehicle fleet found that all existing administration vehicles have been assigned to other staff, indicating a need to purchase an administration vehicle for the new Lieutenant.

PD has identified National Auto Fleet Group (NAFG) as a vendor that can deliver one 2024 Ford Explorer ST RWD vehicle. The vehicle is available from NAFG under Sourcewell contract # 091521-NAF. Sourcewell offers cooperative purchasing, and their competitive processes ensure that members receive the lowest price available. Pursuant to Vernon Municipal Code (VMC) Section 3.32.110(A)(5), the proposed purchase from NAFG is exempt from the City’s competitive bidding purchasing requirements as Sourcewell is a public agency and service cooperative through which contracts are awarded via a competitive process and it is to the City’s advantage to piggyback on the Sourcewell contract noted above.

Per VMC Section 3.32.030(B), City Council approval is required if, in the twelve (12) months preceding the effective date of a proposed new, renewed, or otherwise amended contract, the City has paid or awarded the vendor more than $100,000. Within the past twelve (12) months, the City has paid or awarded NAFG a total of approximately $1,688,000 in purchase orders.

Fiscal Impact
The fiscal impact is estimated at $64,000. Sufficient funds are available in General Fund, Public Works Department, Fleet Division, Capital Outlay Account No. 011-040-420-660000 for the current fiscal year.

Attachments

1. National Auto Fleet Group Quote 12-5-23

City Council Agenda Report
Meeting Date: January 16, 2024
From: Daniel S. Wall, P.E., Director of Public Works
Department: Public Works
Submitted by: Carlos Velazquez, Engineering Aid
Subject
Office of Traffic Safety Pedestrian and Bicycle Safety Program Grant Agreement Recommendation
Approve and authorize the City Administrator, Director of Public Works, and Director of Finance or designee to execute a Grant Agreement between the City of Vernon and the Office of Traffic Safety, in substantially the same form as submitted, for a one-year term, for participation in the Pedestrian and Bicycle Safety Program with an effective date of October 1, 2023.

Background
The Public Works Department has received a grant through the Office of Traffic Safety (OTS) to participate in the pedestrian and bicycle safety programs. The OTS pedestrian and bicyclist program aims to raise awareness for pedestrians and bicyclists' safety on California roadways.

The program generates best-practice strategies to reduce the overall number of killed and injured pedestrians and bicyclists in California. The goals of the program include the following: reduce the number of persons killed and/or injured in traffic collisions, reduce the number of pedestrians and bicyclists killed and/or injured in traffic collisions, and raise public awareness about pedestrians and bicyclists’ safety. To accomplish this, the participating agencies must arrange various community outreach activities and demonstrations addressing the ongoing safety issue for pedestrians and bicyclists on roadways.

The Public Works Department will coordinate with the Vernon Police Department to fulfill the community outreach activities. Additionally, the Public Works Department will vinyl-wrap 20 signal cabinets throughout the City. The vinyl wrapping will portray a message about pedestrian and bicycle safety on the roadways. To participate in the program, the Public Works Department is required to return a signed agreement to OTS to receive reimbursement for participating personnel and any purchased items related to the grant. Reimbursements will be made within 90 days of receipt of invoices, activity logs, and quarterly progress reports. The agreement is for a one-year term and shall remain in effect until September 30, 2024.

The OTS requires that the proposed agreement be approved by the City Council. The City Attorney’s Office has reviewed and approved the proposed agreement as to form.

Fiscal Impact
Award of the grant will result in $40,000 in additional revenue to the General Fund. The grant funds will cover 100% of the personnel and other direct costs associated with the pedestrian and bicycle safety program.

Attachments

1. Office of Traffic Safety – Grant Agreement
11/6/2023 9:19:24 AM Page 1 of 18
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PS24050

1. GRANT TITLE
Pedestrian and Bicycle Safety Program

2. NAME OF AGENCY 3. Grant Period
Vernon From:

To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
Vernon Public Works

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos, community events, presentations, and workshops. These countermeasures should be conducted in communities with high numbers of pedestrian and/or bicycle related crashes including underserved communities, older adults, and school-aged children. Coordinated efforts such as Safe Routes to School initiatives, Safe System Approach, and working with community based organizations are highly encouraged to prevent fatalities and injuries of vulnerable non-motorized road users.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $40,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Daniel Wall
Director of Public Works
[email protected]
(323) 583-8811 Ext. 305
4305 South Santa Fe Avenue
Vernon, CA 90058
ADDRESS: Carlos Fandino
City Administrator
[email protected]
(323) 583-8811 Ext. 228
4305 South Santa Fe Avenue
Vernon, CA 90058

(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Scott Williams
Director of Finance
[email protected]
(323) 583-8811 Ext. 849
4305 South Santa Fe Avenue
Vernon, CA 90058
ADDRESS: Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

(Signature) (Date) (Signature) (Date)
Nov 6, 2023
11/6/2023 9:19:24 AM Page 2 of 18
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

ZMK4GCEKJ7G3
4305 S. Santa Fe Avenue
Vernon
90058-1714
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
402PS-24.1 20.600 0521-0890-101 2022 43/22 BA/22 $13,600.00 402PS-24 20.600 0521-0890-101 2023 12/23 BA/23 $26,400.00

AGREEMENT
TOTAL $40,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$40,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $40,000.00
11/6/2023 9:19:24 AM Page 3 of 18
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PS24050

1. PROBLEM STATEMENT
The City of Vernon was founded in 1905, is approximately 5.2 square miles in size, and is located about 5 miles southeast of downtown Los Angeles, California. Over its long history, Vernon has developed as an industrial community with heavy traffic consisting of non-commercial vehicles and large semi-trucks. The City’s business-friendly environment, low-cost utilities, and a key location for trucking and rail transport continue to position Vernon as an ideal location for industrial uses. Due to the demand over the past few years, job opportunities have increased by 55,000 individuals coming in and out of Vernon daily. Most of the workforce in Vernon commutes from surrounding communities. Many commuters use public transportation, personal vehicles, foot traffic, or bicycles to get in and out of Vernon. With the increase in cars and foot traffic/bicyclists over the years, the City has seen a rise in crashes involving a vehicle and pedestrians or cyclists.

According to the OTS Crash Ranking results in 2020, the City of Vernon had a total of 164 fatalities and injuries within the city. Of those 164 fatalities and injuries, 3 were pedestrians and 12 were bicyclists. Also, according to the UC Berkely TIMS GIS map from 2016 – 2020, a high concentration of the crashes reported on the following corridors involved pedestrian or bicycle crashes, totaling 54 bicycle and 29 pedestrian incidents: Santa Fe Avenue, Soto Street, Slauson Avenue, and District Boulevard, along with Pacific Boulevard being an identified point of interest.

The City of Vernon will wrap its traffic cabinets displaying pedestrian and bicyclist safety messaging throughout the city. The City will also wrap traffic cabinets on major arterial roads that exit and enter the City of Vernon, like Atlantic Boulevard, Downey Road, and Boyle Avenue. The wrapping of the traffic cabinet on major arterials and streets with a high concentration of crash reports is an excellent countermeasure to illustrate a visual message of pedestrian and bicyclist safety. Overall, the City of Vernon is looking to see a reduction in crashes involving pedestrians and cyclists but, most importantly, raise awareness about the ongoing issue of pedestrian and bicyclist safety on the roadway.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of pedestrians killed under age 15 in traffic crashes.

6. Reduce the number of pedestrians injured under age 15 in traffic crashes.

7. Reduce the number of pedestrians killed over age 65 in traffic crashes.

8. Reduce the number of pedestrians injured over age 65 in traffic crashes.

9. Reduce the number of bicyclists killed in traffic crashes.

10. Reduce the number of bicyclists injured in traffic crashes.

11. Reduce the number of bicyclists under age 15 killed in traffic crashes.

12. Reduce the number of bicyclists under age 15 injured in traffic crashes.

13. Increase bicycle helmet usage.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate in the following campaigns: National Walk to School Day, National Bicycle Safety Month, California's Pedestrian Safety Month and National Pedestrian Safety Month.
4 3. Conduct pedestrian and/or bicycle safety presentations with an effort to reach youth.
4 4. Conduct community outreach events with an effort to reach adults. 2 11/6/2023 9:19:24 AM Page 4 of 18

5. Conduct pre and post-grant activities bicycle helmet usage surveys during the months of October (start of the grant) and September (end of the grant). A presurvey will be required to determine the base year helmet use rate and a postsurvey will be required to determine the operational rate. Upload completed survey to GEMS.
2 6. Distribute and properly fit bicycle helmets at no cost to community members in need, at bicycle rodeos, schools, workshops, and community events. 10 7. Purchase bicycle helmets. 10

8. Identify straight time personnel and report on activities completed. Include any vacancies or staff changes that have occurred.
4 9. Design and produce signage for application to a Signal Cabinet to display a traffic safety message during commute hours in high-injury network (HIN) locations that includes the OTS logo and funding language. Draft graphics must be submitted to OTS for prior approval. The cost for paid media space and application of signage will not be reimbursed. When reporting, include date/location of installation, whether OTS Go Safely site or Street Story QR Codes were incorporated in messaging, and a short summary of key transportation and/or safety concerns observed at each location.
20 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  Develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.

Media Requirements
 Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
11/6/2023 9:19:24 AM Page 5 of 18
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
11/6/2023 9:19:24 AM Page 6 of 18
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
11/6/2023 9:19:24 AM Page 7 of 18
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PS24050

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
402PS-24 20.600 State and Community Highway
Safety
$40,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
Engineering Aide 402PS-24 $34.69 75 $2,602.00
Benefits - Engineering Aide @ 29.0% 402PS-24 $2,602.00 1 $755.00 Project Engineer 402PS-24 $73.83 25 $1,846.00
Benefits - Project Engineer @ 24.0% 402PS-24 $1,846.00 1 $443.00 Overtime
Ped/Bike Safety Program - Overtime 402PS-24 $3,300.00 1 $3,300.00 Benefits - Overtime @ 28.0% 402PS-24 $3,300.00 1 $924.00 Category Sub-Total $9,870.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub-Total $0.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
Signal Cabinet Wraps 402PS-24 $1,499.00 20 $29,980.00
Bicycle Helmets 402PS-24 $15.00 10 $150.00
Category Sub-Total $30,130.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $40,000.00
11/6/2023 9:19:24 AM Page 8 of 18
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PS24050

BUDGET NARRATIVE

PERSONNEL COSTS
Engineering Aide - Costs are included for a grant-funded Engineering Aide to participate in citywide Pedestrian and Bicyclist Safety Education Program activities. Claim should reflect actual costs up to the rate specified. The department will not be claiming benefits. 1 Staff x 1.44 Hours/Week x 52 Weeks = 75 Units
Benefits - Engineering Aide @ 29.0% - Claimed amounts must reflect actual benefit costs for straight time or overtime hours charged to the grant.

Project Engineer - Costs are included for a grant-funded Project Engineer to provide program support, including, organizing traffic safety community events, and overseeing development, procurement and installation of signal cabinet wraps, as well as oversight of subcontracted Graphic Design Services. Claim should reflect actual costs up to the rate specified. The department will not be claiming benefits. 1 Staff x 0.48 Hours/Week x 52 Weeks = 25 Units
Benefits - Project Engineer @ 24.0% - Claimed amounts must reflect actual benefit costs for straight time or overtime hours charged to the grant.

Ped/Bike Safety Program - Overtime - Overtime for grant-funded pedestrian and bicycle safety education events at community locations conducted by appropriate department personnel. Claim should reflect actual costs up to the rate specified.
$66/Hour x 25 Hours/Officer x 2 Officers = $3,300Total
Benefits - Overtime @ 28.0% - Claimed amounts must reflect actual benefit costs for straight time or overtime hours charged to the grant.

TRAVEL EXPENSES
-

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
Signal Cabinet Wraps - Costs to design and produce signage for application to a signal cabinet to display a traffic safety message that includes the OTS logo and funding language. Draft graphics must be submitted to OTS for prior approval. The cost for paid media space and application of signage will not be reimbursed.

Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed an average price of $15, including shipping, handling and tax. More expensive helmets may be purchased if approved by OTS.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Salaries may include wages, salaries, special compensations, or authorized absences such as annual leave and sick leave provided the cost for the individual employee is (a) reasonable for the services rendered, and (b) follows an appointment made in accordance with state or local laws and rules and meets federal requirements.

Any non-grant funded vacancies created by reassignment to a grant-funded position must be filled at the expense of the grantee agency.
11/6/2023 9:19:24 AM Page 9 of 18
Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant. 11/6/2023 9:19:24 AM Page 10 of 18
State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PS24050
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;  2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation— Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;
 The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Servicesfor Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
11/6/2023 9:19:24 AM Page 11 of 18
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review 11/6/2023 9:19:24 AM Page 12 of 18
upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition;
b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction;
d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 11/6/2023 9:19:24 AM Page 13 of 18
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—

PRIMARY TIER COVERED TRANSACTIONS
11/6/2023 9:19:24 AM Page 14 of 18

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
11/6/2023 9:19:24 AM Page 15 of 18

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts.
b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. 11/6/2023 9:19:24 AM Page 16 of 18

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 11/6/2023 9:19:24 AM Page 17 of 18

INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS

1. Each agency is allowed a total of FIVE (5) GEMS Users.

2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.

3. Complete the form if adding, removing or editing a GEMS user(s).

4. The Grant Director must sign this form and return it with the Grant Agreement.

CURRENT GEMS USER(S)

1. Carlos Velazquez
Title: Engineering Aide Media Contact: No
Phone: (323) 583-8811 Ext. 526
Email: [email protected]
State of California – Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C

GRANT NUMBER
PS24050

GRANT DETAILS
Grant Number: PS24050
Agency Name: Vernon Public Works
Grant Title: Pedestrian and Bicycle Safety Program
Agreement Total: $40,000.00
Authorizing Official: Carlos Fandino
Fiscal Official: Scott Williams
Grant Director: Daniel Wall
11/6/2023 9:19:24 AM Page 18 of 18
Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1
Add/Change Remove Access {{[] c12_es_:signer1}}
Add as a media contact? Yes No
{{UserName1_es_:signer1 }} {{UserTitle1_es_:signer1 }}
Name Job Title
{{UserEmail1_es_:signer1 }} {{UserPhone1_es_:signer1 }} Email address Phone number
GEMS User 2
Add/Change Remove Access
Add as a media contact? Yes No
{{UserName2_es_:signer1 }} {{UserTitle2_es_:signer1 }}
Name Job Title
{{UserEmail2_es_:signer1 }} {{UserPhone2_es_:signer1 }} Email address Phone number
GEMS User 3
Add/Change Remove Access
Add as a media contact? Yes No
{{UserName3_es_:signer1 }} {{UserTitle3_es_:signer1 }}
Name Job Title
{{UserEmail3_es_:signer1 }} {{UserPhone3_es_:signer1 }} Email address Phone number
GEMS User 4
Add/Change Remove Access
Add as a media contact? Yes No
{{UserName4_es_:signer1 }} {{UserTitle4_es_:signer1 }}
Name Job Title
{{UserEmail4_es_:signer1 }} {{UserPhone4_es_:signer1 }} Email address Phone number
GEMS User 5
Add/Change Remove Access
Add as a media contact? Yes No
{{UserName5_es_:signer1 }} {{UserTitle5_es_:signer1 }}
Name Job Title
{{UserEmail5_es_:signer1 }} {{UserPhone5_es_:signer1 }} Email address Phone number
Form completed by: Date:

As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. {{Name1_es_:signer2:fullname }}
Signature Name
Grant Director
Date Title
Carlos Velazquez (Nov 6, 2023 13:47 PST)
Carlos Velazquez ✔
✔
Lissette Melendez Project Engineer [email protected] 323-583-8811 x246 ✔ ✔
Gerard Garcia Assistant Engineer [email protected] 323-583-8811 x294 ✔ ✔
Yesenia Barajas Administrative Secretary [email protected] 323-583-8811 x281 Nov 6, 2023 Daniel Wall Nov 6, 2023 City Council Agenda Report
Meeting Date: January 16, 2024
From: Scott Williams, Director of Finance
Department: Finance
Submitted by: Jessica Alcaraz, Financial Services Administrator Subject
Audited Financial Reports
Recommendation
Extend submittal of the Fiscal Year 2022-23 Final Audit and Report to Council to February 20, 2024.

Background
Article VIII, Chapter 8.11 of the City Charter requires the final audit to be submitted to Council within 120 days after the end of the fiscal year unless the City Council extends such time. With the City’s fiscal year ending on June 30, audited financial statements would typically be due to Council by late October. However due to the length of time it can take to accrue expenditures, finalize journal entries, and conduct reconciliations for the prior year and for an audit to be completed, staff requested an extension for the submission of the final audit and report for FY 2022-23. On October 17, 2023, Council extended the date for submission of the final audit and report for FY 2022-23 Annual Financial Statements to January 16, 2024.

Since then, the audit has been completed and a draft report is currently under review for accuracy. A final report is expected from the City’s audit firm, The Pun Group LLP, by January

31. Accordingly, staff requests an additional extension for submission of the final audit and report to Council to February 20, 2024 as work continues with the audit firm to finalize the FY 2022-23 Annual Financial Statements.

Fiscal Impact
There is no fiscal impact associated with this report.

Attachments
None.

City Council Agenda Report
Meeting Date: January 16, 2024
From: Todd Dusenberry, General Manager of Public Utilities Department: Public Utilities
Submitted by: Adriana Ramos, Administrative Analyst
Subject
Purchase Contract with ChargePoint, Inc. for an Additional 5-Year Assure Maintenance Plan and Enterprise Cloud Plan Subscription
Recommendation
A. Pursuant to Vernon Municipal Code Section 3.32.110(B)(3), deem the proposed Purchase Contract commercially unreasonable to rebid every three years due to ChargePoint’s proprietary software system and being the original equipment manufacturer for the existing chargers; B. Approve the issuance and authorize the City Administrator to execute a Purchase Contract with ChargePoint, Inc., for an additional 5-Year Assure Maintenance Plan and 5-Year Enterprise Cloud Plan Subscription, in an amount not-to-exceed $381,700, extending the overall warranty for the 20 City-owned Direct Current Fast Chargers to a total of 10 years; and C. Authorize a contingency amount of ten percent (10%) or $38,170 for unforeseen expenses not included in the proposal, and grant authority to the City Administrator to issue Change Orders for an amount up to the contingency amount, if necessary.

Background
On July 19, 2022, the City Council approved a Master Services and Subscription Agreement (MSSA) not exceeding $825,837.85 with ChargePoint, Inc. (ChargePoint) to procure 10 Direct Current Fast Chargers (DCFCs), which references the Purchase Contract from July 12, 2022 Quote.

On December 20, 2022, the City Council approved a second procurement of an additional ten DCFCs from ChargePoint in the amount of $827,758.85 (Purchase Contract from December 8, 2022 Quote. Vernon Public Utilities (VPU) had identified two sites to pilot test the installation of DCFC to meet electric charging needs and to provide a large number of fast chargers for public use. The two separate purchases of the ChargePoint chargers both included a five-year warranty for maintenance (parts, labor, and remote technical support), as well as a five-year subscription to ChargePoint’s Enterprise Cloud Plan – a propriety cloud data network subscription that provides advanced management of the charging stations which would allow dynamic pricing, real-time troubleshooting, and more.

The two public Electric Vehicle (EV) charging sites that VPU identified were centrally located on opposite ends of the City and conveniently located by restaurant and restroom access. The need for public charging is critical to meet the demand of electric vehicle drivers traveling extended distances who must make recharge stops in order to get to their destination. The ability to connect to a DCFC and recharge an EV battery to 80 percent in approximately 15 minutes to 45 minutes, depending on the vehicle's voltage capacity, is essential to overcoming range anxiety, enabling long-distance travel, and empowering individuals without home-charging access to go electric.

With the City of Vernon located within a few miles of six major freeways, the public DCFC pilot stations provide drivers with a convenient option to charge EVs locally while supporting Vernon restaurants and businesses.

The steady growth of EVs has simultaneously increased demand for public fast-charging infrastructure over the years. With more EVs on the road than ever, charger “uptime” is a critical factor in the success of public fast charging networks, as it represents the percentage of time that an EV driver can arrive at a charging station, plug in their vehicle, and successfully receive a sufficient charge. Unlike standard Level 2 chargers installed at home or the workplace, DCFCs located at public charging sites must operate in unison with the network operator and the payment system while initiating individual charging sessions with EVs from different manufacturers to deliver a seamless charging experience.

Since the launch of both pilot sites (3807 S. Soto Street – July 2023 and 1850 E. 25th Street – December 2023), VPU has frequently called on ChargePoint’s customer support and maintenance team to troubleshoot several hardware issues. Due to the array of sophisticated power electronics found in DCFCs, this can range from service calls that involve replenishing coolant to replacing power modules or updating software configurations. These maintenance and service calls are comparable to other competitive charging equipment, and the operational challenges VPU has overcome so far are similar to the obstacles faced by other municipalities, local utilities, and the EV industry as a whole. As a result, VPU recommends extending the manufacturer coverage by an additional five years to ensure that the city-owned DCFCs remain operational throughout their useful life, which is generally estimated to be ten years and further aligns with the land lease term that the chargers were installed. In many instances, parts and labor for the repair of broken chargers can be costly if the units are no longer under warranty.

Under the ChargePoint Assure extended maintenance plan, all 20 DCFCs will be covered by parts and labor warranty, remote technical support, on-site repairs (as needed), unlimited configuration changes, and report generation capabilities. Additionally, there will be no interruption in software service for all 20 DCFCs, which includes continued Enterprise Cloud software updates, access control/pricing and automatic payment collection, and Time of Use Power Sharing and Energy Management application programming interfaces (API). The proposed 5-year extension of both the ChargePoint Assure Maintenance and the Enterprise Cloud Software subscription will be effective from when the first 5-year extension expires and will conclude as noted below.

Second 5-year extension Coverage Period:
• 3805 S. Soto Street, Vernon, CA – January 28, 2028 to December 31, 2033 • 1850 E. 25th Street, Vernon, CA – June 12, 2028 to December 31, 2033 The proposed Purchase Contract with ChargePoint is exempt from competitive bidding and competitive selection requirements pursuant to Vernon Municipal Code (VMC) Sections 3.32.110 (A)(2) and (B)(1), as the extended warranty coverage can only be provided by ChargePoint.

ChargePoint is the original equipment manufacturer of the city-owned DCFCs, and any maintenance required to the software is proprietary to ChargePoint.

Staff recommends City Council approve the proposed Purchase Contract with ChargePoint in the amount of $381,700 to extend the Assure Maintenance and the Enterprise Cloud Software subscription coverage period for an additional five years on the 20 city-owned DCFCs for a total of ten years; and recommends a contingency amount of ten percent (10%) or $38,170, for unforeseen expenses not included in the proposal, for a potential cost not-to-exceed $419,870.

The proposed Purchase Contract will have a five-year term. Pursuant to VMC Sections

3.32.220(B) and 3.32.110(B)(3), staff recommends the City Council deem the proposed Purchase Contract commercially unreasonable to rebid every three years provided ChargePoint is the proprietor for the DCFCs software system and upgrades and serves as the original equipment manufacturer for the existing chargers.

VPU plans to use Public Benefit funds, under California Assembly Bill 1890, to procure the extended 5-year coverage through the ChargePoint Assure Maintenance Plan and the Enterprise Cloud Software subscription. The Public Benefits charge is a state-mandated fee collected by the utility to fund energy efficiency, low-income assistance, renewable energy resources, and research, development and demonstration (RD&D) projects.

The proposal, including the expiration addendum, from ChargePoint has been reviewed and approved as to form by the City Attorney’s Office.

Fiscal Impact
The fiscal impact is not-to-exceed $419,870. Sufficient funds are available in Electric Fund, Customer Programs Department, Public Benefit Rebate Program Account No. 055-050-595- 529702 for the current fiscal year.

Attachments

1. ChargePoint, Inc. - Quote – Q-416381-1

2. ChargePoint, Inc. - Master Services and Subscription Agreement

3. ChargePoint, Inc. – Terms and Conditions

4. Purchase Contract from July 12, 2022 Quote

5. Purchase Contract from December 8, 2022 Quote
Quotation
Driving a Better Way™
chargepoint.com \i2\
Sales Representative: Brendan ODonnell Quote Number: Q-416381-1 E-Mail: [email protected] Date: 1/11/2024 Telephone: 949.521.3386 Expires On: 1/29/2024
Primary Contact: Accounts Payable
Bill To Address

\i1\
City of Vernon
4305 Santa Fe Ave
Vernon California 90058
United States
Ship To Address

\i1\
City of Vernon
4305 Santa Fe Ave
Vernon California 90058
United States
Product Name Product Description Qty Unit Price Total Price CPE250-ASSURE5-NACS5 prepaid years of ChargePoint Assure for CPE250 stations. Includes Parts and Labor Warranty, Remote Technical Support, On-Site Repairs when needed, Unlimited Configuration Changes, and Reporting.

Includes parts and labor for one-time NACS cable replacement, upon customer request. Request must be received by January 31, 2025. 20 USD
13,650.00
USD
273,000.00
CPCLDENTERPRISE-DC-5Enterprise Cloud Plan subscription with advanced station management features such as: Custom Video uploads, and Automatic Software Updates, driver and fleet management features including: Access Control and Pricing & Automatic Payment Collection, as well as advanced energy and power management features which include:

Time of Use Power Sharing and Energy Management APIs. Real-time dashboards and reports provided for applicable features including 15 min meter data readings and associated advanced energy reports. 20 USD
5,400.00
USD
108,000.00
Quote Total: USD 381,000.00
Shipping Fee: USD 700.00
Grand Total: USD 381,700.00
© 2024 ChargePoint, Inc.
240 East Hacienda Avenue, Campbell, CA 95008 USA
ChargePoint CONFIDENTIAL

Page 1 of 2 ends

*Note: The 5 Prepaid years of ASSURE and Enterprise Cloud is effective from:
3805 S. Soto Street, Vernon, CA 90058: January 28, 2028 to December 31, 2033 1850 E. 25th Street, Vernon, CA 90058: June 12, 2028 to December 31, 2033 *
*
Quote Acceptance
+ Invoices are Net 30 from invoice date.
+ Each Assure and Cloud Plan subscription will commence one hundred eighty (180) days from invoice date. + Customer to be invoiced at time of shipment.
+ All prices are FCA ChargePoint warehouse(s).
+ Sales tax in applicable states and shipping costs will be applied at time of invoicing. + Pricing does not include installation or mounting services unless specifically quoted above. + Customer confirms that the shipping and billing information provided in this Quotation is accurate for ChargePoint’s shipping and invoicing purposes.
+ The following ChargePoint terms and conditions are incorporated in this Quotation by reference in their entirety: (i) ChargePoint Master Services and Subscription Agreement found at ChargePoint Master Services and Subscription Agreement | ChargePoint ; (ii) ChargePoint Terms and Conditions of Purchase found at ChargePoint Terms and Conditions | ChargePoint ;(iii) ChargePoint Support Services Terms and Conditions found at: https://www.chargepoint.com/legal/support-services/ ; and (iv) ChargePoint Deployment and Consulting Services Terms and Conditions found at https://www.chargepoint.com/legal/deployment-consulting-services/ + ChargePoint’s sale of products/services is expressly conditioned on Customer’s acceptance of ChargePoint terms and conditions stated or referenced in this Quotation. Any conflicting or inconsistent terms stated or referenced in any Customer purchase order or any such document are excluded and will not be binding and notice of objection to them is hereby given. + This signed Quotation will act as a purchase order for the products/services detailed above and creates a binding contract between ChargePoint and Customer.

The above terms govern this Quotation unless Customer has separate written agreement(s) executed by Customer and ChargePoint to govern the products/services referenced in this Quotation.

By signing this Quotation, I hereby acknowledge that I am an authorized signatory and have read and agree to all the terms and conditions of this Quotation.

Signature : \s1\ Title : \t_1\
Name (Print) : \FN_1\ Date : \d1\
Company Name : \CompanyName_1\
Accounts Payable Contact Name : \AccountPayableContactName_1\ Accounts Payable Contact E-Mail : \AccountsPayableContactEmail_1\ Requested Ship Date : \dsrequestedshipdate_1\
© 2024 ChargePoint, Inc.
240 East Hacienda Avenue, Campbell, CA 95008 USA
ChargePoint CONFIDENTIAL

Page 2 of 2 ends

Quotation
Driving a Better Way™
chargepoint.com \i2\
Sales Representative: Tony Chang Quote Number: Q-224886-1 E-Mail: [email protected] Date: 12/8/2022
Telephone: Expires On: 1/1/2023
Primary Contact: Margie Otto
Bill To Address
\i1\
Margie Otto
City of Vernon
4305 Santa Fe Ave
Vernon California 90058
United States
Ship To Address
\i1\
Margie Otto
City of Vernon
4305 Santa Fe Ave
Vernon California 90058
United States
[email protected]
+16269937712
Pricing as per Sourcewell #042221-CPI
Product Name Product Description Qty List Price Disc% Unit Price Total Price CPE250-TOOLKIT-F CPE250 Tool Kit 1 USD 0 0 USD 0 USD 0
DC-UNIVERSAL-CMTMETRICRequired metal bracket to
align conduits and mounting
bolts for DC power delivery
products when cable entrance
is from below. This bracket
is to be installed into the
foundation before the concrete
pad is poured. Metric Units.

Required for CPE250 and
PDD series.
10 USD 0 0 USD 0 USD 0
CPE250-ASSURE-5 5 prepaid years of ChargePoint
Assure for CPE250 station.

Includes Parts and Labor
Warranty, Remote Technical
Support, On-Site Repairs
when needed, Unlimited
Configuration Changes, and
Reporting.
10 USD 16,275 0 USD 16,275 USD 162,750
© 2022 ChargePoint, Inc.
240 East Hacienda Avenue, Campbell, CA 95008 USA

Page 1 of 4 ends

Product Name Product Description Qty List Price Disc% Unit Price Total Price CPE250-

INSTALLVALID
Customer works with their
own contractor to perform all
construction up to the point
where the stations can be
bolted down and connected.

ChargePoint will then engage
an authorized ChargePoint
Partner to install the station
on the prepared site and
perform a Site Validation.

This includes validating
that the electrical capacity,
transformers, panels, breakers,
wiring, cellular coverage
and station installation all
meet ChargePoint published
requirements and local
codes. Upon successful Site
Validation, the customer will
be eligible to obtain warranty
coverage under a ChargePoint
Maintenance plan, sold
separately. Note, a failed
Site Validation will incur a
second validation fee to repeat
the validation after the site
deficiencies are corrected.

Priced per CPE250 station.
10 USD 3,500 0 USD 3,500 USD 35,000
CPE250C-625-CCS1-
200A-CHD-CHIP
ChargePoint Express 250
Station (62.5 kW) - includes
Express 250 Station, 2x Power
Modules, 1x CCS1 200A
cable, 1x CHAdeMO cable,
North America Modem/SIM,
cUL and UL listed, requires

UNIVERSAL-CMT-METRIC,
not included. Includes
integrated EMV Chip Reader
terminal.
10 USD 54,520 5 USD 51,794 USD 517,940
© 2022 ChargePoint, Inc.
240 East Hacienda Avenue, Campbell, CA 95008 USA

Page 2 of 4 ends

Product Name Product Description Qty List Price Disc% Unit Price Total Price CPCLD-ENTERPRISEDC-5Enterprise Cloud Plan
subscription with advanced
station management features
such as: Custom Video
uploads, and Automatic
Software Updates, driver and
fleet management features
including: Access Control
and Pricing & Automatic
Payment Collection, as well
as advanced energy and
power management features
which include: Time of Use
Power Sharing and Energy
Management APIs. Realtime dashboards and reports
provided for applicable features
including 15 min meter data
readings and associated
advanced energy reports.
10 USD 4,799 0 USD 4,799 USD 47,990
CPSUPPORT-ACTIVE Initial Station Activation &
Configuration Service includes
activation of cloud services and
configuration of radio groups,
custom groups, connections,
access control, visibility control,
pricing, reports and alerts. One
time initial service per station.
10 USD 349 0 USD 349 USD 3,490
Quote Total: USD 767,170.00
Estimated Tax: USD 53,088.85
Shipping Fee: USD 7,500.00
Grand Total: USD 827,758.85
Quote Acceptance
+ Invoices are Net 30 from invoice date.
+ Each Assure and Cloud Services subscription that you purchase for a Charging Station will commence ninety (90) days from the date the Charging Station associated with that subscription is shipped to you and will last for the subscription length selected in the applicable order.
+ All pricing is confidential between Customer and ChargePoint. + All prices are FCA ChargePoint warehouse(s).
+ Customer to be invoiced at time of shipment.
+ Sales tax in applicable states and shipping costs will be applied to this quote at time of invoicing. + Credit Checks are required for new customers.
+ Pricing does not include installation or mounting services unless specifically quoted above. + Additional Purchase Terms and Conditions can be found at http://www.chargepoint.com/termsandconditions + Additional terms and conditions for ChargePoint Assure can be found at http://www.chargepoint.com/legal/assure + Purchaser confirms that the shipping and billing information provided in the Quotation is accurate for ChargePoint’s shipping and invoicing purposes.
© 2022 ChargePoint, Inc.
240 East Hacienda Avenue, Campbell, CA 95008 USA

Page 3 of 4 ends

By signing this quote I hereby acknowledge that I have the authority to purchase the product detailed on this document on behalf of my organization. Furthermore, I agree to the above terms and conditions and that this signed quote shall act as a purchase order.

Signature : \s1\ Title : \t_1\
Name (Print) : \FN_1\ Date : \d1\
Company Name : \CompanyName_1\
Accounts Payable Contact Name : \AccountPayableContactName_1\ Accounts Payable Contact E-Mail : \AccountsPayableContactEmail_1\ Requested Ship Date : \dsrequestedshipdate_1\
© 2022 ChargePoint, Inc.
240 East Hacienda Avenue, Campbell, CA 95008 USA

Page 4 of 4 ends

City Council Agenda Report
Meeting Date: January 16, 2024
From: Daniel S. Wall, P.E., Director of Public Works
Department: Public Works
Submitted by: Gerard Garcia, Assistant Engineer
Subject
Contract with Hardy and Harper, Inc. for Street Improvements (Contract No. 20240122) Recommendation
A. Find that award of the proposed Capital Improvement Project at Gifford Avenue, 48th, 49th, and 50th Street is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (Existing Facilities), part (c) (existing highways and streets), because the project is merely to repair existing streets and involves no expansion of existing use;
B. Accept the bid proposal from Hardy and Harper, Inc. as the lowest responsive and responsible bidder for the Gifford Avenue, 48th, 49th, and 50th Street Improvements, City Contract No. 20240122, and reject all other bids;
C. Approve and authorize the City Administrator to execute a contract with Hardy and Harper, Inc., in substantially the same form as submitted, for street improvements on Gifford Avenue, 48th Street, 49th Street and 50th Street in an amount not-to-exceed $792,000; and D. Authorize a contingency amount of ten percent (10%) or $79,200 in the event of an unexpected changed condition in the project, and grant authority to the City Administrator to issue change orders for an amount up to the contingency amount, if necessary.

Background
The proposed Street Improvement Capital Project (Project) involves installing thick asphalt concrete in one lift along Gifford Avenue, 48th, 49th, and 50th Street. In addition, the Project includes the construction of ADA ramps, a new curb and gutter, and the construction of tree wells.

On September 25, 2023, the Public Works Department advertised the Notice Inviting Bids (NIB) for Contract No. 20240122 Gifford Avenue, 48th, 49th, and 50th Street Improvements in accordance with Vernon Municipal Code Section 3.32.070(A) for competitive bidding. The NIB was posted on the City’s PlanetBids website. The Department has utilized the template Notice Inviting Bids, Bid form and Project Specifications, Instruction to Bidders, and Specifications and Contract approved by City Council. The bids for Contract No. 20240122 - Gifford Avenue, 48th, 49th, and 50th Street Improvements, were received and opened on October 24, 2023. The calculated results were as follows:

1. Hardy and Harper, Inc. $792,000

2. All American Asphalt Company $808,888

3. Onyx Paving Company, Inc. $888,888

4. Palp, Inc. Excel Paving Company $873,520
Public Works staff reviewed the bids and deemed that the bid received by Hardy and Harper is the lowest responsive and responsible bid. Based on a thorough bid evaluation, staff recommends award of the proposed Purchase Contract to Hardy and Harper, Inc.

The proposed contract has been reviewed and approved as to form by the City Attorney’s Office.

Fiscal Impact
Approval of this action would require an appropriation of $871,200 for the construction bid and 10% contingency for street improvements in General Fund, Public Works Department, Street Maintenance Division, Capital Outlay Account No. 011-040-430-660000 from General Fund Unassigned Fund Balance.

Attachments

1. Contract with Hardy and Harper, Inc.

EXHIBIT A

GENERAL

CONDITIONS
ARTICLE 1 - PRELIMINARY PROVISIONS

1.01 DEFINITIONS
The following words shall have the following
meanings:

A. Allowance. A line item cost estimate established by the City to be carried in the Base Bid sum, Contract
Sum, and Schedule of Values for Payment for a particular item of Work, which cannot be sufficiently
defined so as to allow the Contractor to adequately determine fair value before the Bid Deadline.

Allowances include estimated amounts established by the City for certain construction elements that
have not yet been fully designed or authorized for inclusion in the Work or to permit deferred approval
or selection of actual materials and equipment to a later date when additional information is available
for evaluation.

B. As-Builts. The documents prepared by Contractor showing the condition of the Work as actually
built, including, without limitation, all changes and the exact locations of all mechanical, electrical,
plumbing, HVAC or other portions of the Work that are shown diagrammatically in the Contract
Documents.

Base Bid. The total sum stated in the Bid Form for which the Bidder offers to perform Work described
in the Contract Documents as the base Contract Work (e.g. not designated as part of a Bid Alternate). Bid. A complete and properly executed offer by the Bidder on City-prescribed forms to perform the
Work for the prices stated in response to the Notice Inviting Bids.

Bid Alternate. An item of Work described in the Contract Documents as an Alternate Bid that will be
added to or deducted from the Base Bid and the Contractor’s responsibility only if the City accepts
F. the Bid Alternate. Bid Forms: The City-prescribed forms which the Bidder shall complete and use to submit a Bid. The
Bid Forms include: (1) Bidder’s Proposal; (2) Schedule of Bid Prices; (3) Incumbency Certificate; (4)
Bid Bond; (5) Bidder’s Statement of Qualifications; (6) Experience Form; (7) Trades Experience
Form; (8) Contractor Safety Questionnaire; (9) Designation of Subcontractors; (10) Affidavit of NonCollusion; (11) Insurance Requirements Affidavit; and (12) forms included in the Specification
required by the type of project funding (e.g. federal, ARRA, HUD, etc.).

Bidder. The individual, partnership, firm, corporation, joint venture or other legal entity submitting a bid
on these Contract Documents or any part thereof. Bidding Documents. Bidding Documents include the Bidding Requirements and the proposed Contract
Documents. The Bidding Requirements consist of: (1) Notice Inviting Bids; (2) Instructions to Bidders;
and (3) Bid Forms. The proposed Contract Documents consist of: (1) the Bidding Requirements; (2)
the Construction Contract Between City and Contractor; (3) the Conditions of the Contract (General,
Supplementary, and Special, if applicable); (4) all Exhibits to the Contract; (5) the Drawings; (6) the
Specifications; (7) all Addenda issued prior to the execution of the Construction Contract; (8) all
Modifications issued after the execution of the Construction Contract; and (9) Governmental Approvals,
if any, including but not limited to, permits.

Page 4 of 117 ends

I. Change Order. A Change Order is a written document prepared by the City reflecting the agreement
between the City and Contractor for: a change in the terms or conditions of the Contract, if any; a
specific Scope Change in the Work; the amount of the adjustment, if any, in the Contract Sum; and
the extent of the adjustment, if any, in the Contract Time.

J. Change Order Request (COR). A Change Order Request is a written document originated by the
Contractor, which describes an instruction issued by the City after the effective date of the Contract,
which Contractor believes to be a scope change that may result in changes to the Contract Sum or
Contract Time or, which describes the need for or desirability of a change in the Work proposed by
Contractor.

K. City or Owner. The City of Vernon, California, acting through its City Council or other City officials
authorized to act for the City, acting in its proprietary rather than regulatory capacity in connection with
L. the Project. Construction Change Directive. A written order prepared and signed by the City directing a change in
Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both.

M. Contract Documents. The Contract Documents are enumerated in the Construction Contract
between City and Contractor and consist of: (1) the Bidding Requirements; (2) the Construction
Contract; (3) the Conditions of the Contract (General, Supplementary, and Special, if applicable); (4)
all Exhibits to the Contract; (5) the Drawings; (6) the Specifications; (7) all Addenda issued prior to the
execution of the Contract; (8) all Modifications issued after the execution of the Contract; and (9)
Governmental Approvals, including, but not limited to, permits. The intent of the Contract Documents
is to include all items necessary for the proper execution and completion of the Work by the
Contractor. The Contract Documents are complementary, and what is required by one shall be as
binding as if required by all; performance by the Contractor shall be required to the extent consistent
with the Contract Documents and reasonably inferable from them as being necessary to produce the
indicated results.

N. Contract. The Contract Documents form the Contract for Construction. The Contract Represents
the entire and integrated agreement between the parties hereto and supersedes prior negotiations,
representations, or agreements, either written or oral. The Contract may be amended or modified
on by a Modification. The Contract Documents shall not be construed to create a contractual
relationship of any kind between any persons or entities other than the Owner and the Contractor.

There shall be no third party beneficiaries of the Contract Documents.

Contract Sum. The total amount of compensation stated in the Construction Contract that is payable
to Contractor for the complete performance of the Work in accordance with the Contract Documents. Contract Time. The total number of days set forth in the Construction Contact within which
Substantial Completion of the Work must be achieved beginning with the Date of Commencement
established in the Notice to Proceed, subject to adjustments in accordance with the terms of the
Contract Documents. The Contract Time for Contractor's performance of the Work is measured in
calendar days (not work days).

Q. Contractor. The individual, partnership, firm, corporation, joint venture or other legal entity with whom
the Contract is made by City, or the agent or legal representative who may be appointed to represent
such individual, partnership, firm, corporation, joint venture or other legal entity in the execution of the
Contract as general contractor for construction of the Work.

Page 5 of 117 ends

Correction Period. Correction Period is synonymous with the terms of the correction guarantee period
used in the Contract Documents.

Date of Commencement. The date for commencement of the Work fixed by City in a Notice to
Proceed to Contractor.

Day. The terms “day” or “days” mean calendar days unless otherwise specifically designated in the
Contract Documents. The term “Work Day” or “Working Day” shall mean any calendar day except
Saturdays, Sundays and City recognized legal holidays. City Holidays are as follows: 1. January 1st – New Year’s Day 2. The 3rd Monday in January – Martin Luther King, Jr.

Day

3. The 3rd Monday in February – Presidents Day

4. March 31st – Cesar Chavez Day

5. The last Monday in May – Memorial Day

6. July 4th – Independence Day

7. The first Monday in September – Labor Day

8. The second Monday in October – Indigenous Peoples’
Day

9. November 11th – Veterans Day

10. The 4th Thursday in November – Thanksgiving Day

11. December 24th – Christmas Eve

12. December 25th – Christmas Day

13. December 31st – New Year’s
Eve
U.

Director. The Director of the Public Works Department of the City of Vernon or his/her duly appointed
representative.

Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing the
design, location, and dimensions of the Work, generally including plans, elevations, sections, details,
W. schedules, and diagrams. Extra Work. New or unforeseen work will be classified as Extra Work when determined by the City
that the work is not described in, or reasonably inferable from, the Contract Documents, the work is
not covered by any Bid line item or Allowance, and the work causes Contractor to incur additional
and unforeseen costs.

Field Directive. See, “Work
Directive.”
Final Completion. Final Completion is the stage of performance of the Work when (1) all Work
required by the Contract Documents has been fully completed in compliance with the Contract
Documents and all applicable laws including, but not limited to, correction or completion of all punch
list items noted by City upon Substantial Completion; (2) Contractor has delivered to City an
Application for Final Payment and all closeout documentation required by the Contract Documents;
and (3) documentation of all final Governmental Approvals has been submitted to City including, but
not limited to a final Certificate of Occupancy or equivalent Building Department sign-off has been
issued covering the entire Project site without exception or conditions.

Z. Force Majeure. “Force Majeure” includes but is not limited to declared or undeclared war, sabotage,
insurrection, riot, or other acts of civil disobedience, labor disputes, fires, explosions, floods,
earthquakes or other acts of God.

Page 6 of 117 ends

AA.

BB.

Fragnet. The sequence of new activities that are proposed to be added to an existing schedule.

Governmental Approval. Any approval, authorization, inspection, certification, consent, exemption,
filing, permit, registration, plan check, ruling or similar authorization required by any federal, state or
CC. local law, regulation or procedures in order for Contractor to perform the Work. Guarantee. Assurance to City by Contractor or product manufacturer or other specified party, as
guarantor, that the specified warranty will be fulfilled by the guarantor in the event of default by the
DD. warrantor.

EE.

FF.

Modification. A Modification is: (1) a written amendment to Contract signed by both parties; (2) a
Change Order; or (3) a Construction Change Directive.

Notice to Proceed. The Notice to Proceed is a document issued by the City fixing the date for
Commencement for the Work.

Parties. The City and Contractor may be referred to in the Contract Documents from time to time as
the Parties.

GG.

HH.

Permit Fees. The actual direct costs paid by Contractor for Governmental Approvals and Utility Fees.

Permit Fees Reimbursement. A payment made to the Contractor by the City in addition to the Contract
Sum to compensate Contractor for the actual direct cost of all Permit Fees.

II. Project. The Project is the total construction of which the Work performed under the Contract
Documents may be the whole or a part and which may include construction by the City or by separate
JJ. contractors. Project Manual/Contract Package. The volumes of Contract Documents and reference documents
assembled for the Work made available to Bidders.

KK. Record Documents. The Drawings, Specifications, addenda, requests for information, bulletins,
Change Orders and other modifications to the Contract Documents, approved shop drawings,
product data, samples, mock-ups, permits, inspection reports, test results, daily logs, schedules,
subcontracts, and purchase orders. Records Documents shall include a set of “As-Built” Drawings
and Specifications, which shall be continuously updated during the prosecution of the Work.

LL. Site. The physical area designated in the Contract Documents for Contractor's performance of the
Work.

MM. Specifications. The Specifications are the volume(s) assembled for the Work that includes, without
limitation, the Bidding Documents, the Construction Contract and Exhibits, the General Conditions,
Supplementary and/or Special Conditions, if any, the “GREENBOOK”

STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2021 Edition), the Standard Plans for
Public Works Construction (2021 Edition), State of California, Department of Transportation
Standard Plans (2022 Edition) and State of California, Department of Transportation Standard
Specifications (2018 Edition), and the City of Vernon Standard Plans.

NN. Specifications. The Specifications are that portion of the Contract Documents consisting of the
written requirements for materials, equipment, systems, standards, and workmanship for the Work

Page 7 of 117 ends

and performance of related services, including, but not limited to, the Project Technical
Specifications, Standard Specifications, if any, and any applicable Trade Association OO. Specifications. Substantial Completion. Substantial Completion is defined to mean the stage in the progress of the
Work when the Work is sufficiently complete in accordance with the Contract Documents as
determined by the City so that the City can occupy and utilize the Work for its intended use and as
further defined in the Contract Documents.

PP. Unilateral Change Order. See “Work
Directive.”
QQ. Utility Fees. The fees charged by any public, private, cooperative, municipal and/or government line,
facility or system used for the carriage, transmission and/or distribution of cable television, electric
power, telephone, water, gas, oil, petroleum, steam, chemicals, sewage, storm water or similar
commodity including, but not limited to fees for temporary utilities and refuse hauling.

RR.

SS.

Warranty. Assurance to City by contractor, installer, supplier, manufacturer or other party responsible
as warrantor, for the quantity, quality, performance and other representations of a product, system
service of the Work. Work. The term "Work" means the construction and other services required by, and reasonably
inferable from the Contract Documents, whether completed or partially completed, and includes all
other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill
the Contractor's obligations. The Work may constitute the whole or a part of the Project.

TT. Work Directive. A Work Directive is a unilateral written order issued by the City directing Contractor
to continue performance of the Work or to perform a disputed change in the Work prior to agreement

1.02 REPRESENTATIVES or adjustment, if any, in the Contract Sum, Contract Time, or both.

A. The Director shall be the representative of the City and, except as otherwise expressly provided
herein, shall make all decisions and interpretations to be made by the City under the provisions of the
B. Contract Documents. The Contractor shall at all times be represented on the Work in person or by a duly designated agent.

Instructions and information given by the Director to the Contractor's agent on the Work shall be

1.03 PERMITS, INSPECTIONS, PLAN CHECKS, AND SIMILAR GOVERNMENTAL considered as having been given to the Contractor.

APPROVALS AND

UTILITIES
A.

Except as otherwise provided in the Notice Inviting Bids, the Contractor shall apply for, obtain, and pay
for all permits including, but not limited to, building or structure permits, plumbing system permits,
mechanical system permits, electrical system permits, structural system permits, demolition permits,
excavation permits, street use permits, driveway permits, sidewalk, curb, sewer, gutter, crosswalk,
paving or other street work grading permits, street/utility use permits, OSHA permits, fire sprinkler
permits, fence permits, blasting permits, landscaping/irrigation permits, and permits to demolish,
remove, or make major alterations to any designated historic resource; inspections; and plan checks
obtained after the Date of Commencement of the Work. The Notice Inviting Bids contains a list of
permits and other Governmental Approvals and Utility Fees obtained and paid for by the City prior to
the Date of Commencement; Contractor is responsible for obtaining all Governmental Approvals and

Page 8 of 117 ends

Utility Fees not listed in the Notice Inviting
Bids.

Contractor shall obtain a no-fee encroachment permit from the City of Vernon’s Public Works
Department.

All documents evidencing Contractor’s satisfaction with all Governmental Approvals and Utility Fees
must be submitted to the City prior to submission of the Application for Final Payment.

Where requirements of the Governmental Approvals differ from those of the Drawings and
Specifications, the more stringent requirements shall apply.

Unless otherwise specified in the Contract Documents, Contractor shall be responsible for payments
of all Utility Fees from the Date of Commencement until City’s Final Acceptance of the

1.04 LICENSES Work.

The Contractor shall apply for, obtain, and pay for all licenses required by governing authorities for the Work.

Contractor shall apply and pay for a City of Vernon business license.

1.05 ALLOWANCES
A.

Contractor shall include in the Contract Sum and Schedule of Values for Payment, the City’s estimated
cost established for each Work item covered by an Allowance stated in the Contract Documents. See
Paragraph 1.01 for definition of Allowance. The line item cost estimate established by the City for Work covered by an Allowance includes the cost
to Contractor of: all materials and equipment, preparation of submittals; labor; transportation; delivery;
handling; installation; supervision; overhead; profit; licenses; bonds; insurance; all sales, use and other
taxes legally chargeable; and all other costs and expenses incidental to such Work.

C. Work items covered by Allowances shall be supplied with such materials and equipment and for such
prices approved in advance by City. Contractor shall notify and request City’s approval of material
equipment, and pricing information for Work covered by an Allowance before ordering the material or
equipment and in sufficient time to avoid delay to the Work. City shall provide approval of materials,
equipment, and prices with reasonable promptness. The material, equipment, and pricing information
submitted by the Contractor to the City’s Project Manager shall, at a minimum, include product data
and detailed costs of material, equipment, and labor to complete such Work, itemized by costs incurred
by Contractor and each subcontractor associated with the performance of such Work.

Contractor shall
not order materials or equipment or proceed with Work covered by an Allowance until the material,
equipment, and pricing information for such Work items have been submitted to the City’s Project
Representative for review and the Contractor has received City’s approval to proceed with a Work item
covered by an Allowance.

All expenditures for Allowance Work shall be separately itemized in each Application for Payment.

To the extent that the cost of Work items covered by an Allowance is less than the Allowance cost
estimate established by the City, the Contact Sum shall be reduced by Change Order or Construction
Change Directive to reflect the actual cost of the Allowance item. Similarly, to the extent the cost of
Work items covered by an Allowance is greater than the Allowance cost estimate, the Contract Sum
shall be increased by Change Order or Construction Change Directive to reflect the actual cost of the
Allowance item. If Work items covered by an Allowance are not performed or the City deletes such

Page 9 of 117 ends

items from the Scope of Work, the Contract Sum shall be reduced by Change Order or Construction
Change Directive to deduct the Cost of the unused Allowance item.

1.06 1.07
WAIVER
A waiver by City of any breach of any term, covenant, or condition contained in the Contract Documents shall
not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition
contained therein, whether of the same or a different character. DATA TO BE FURNISHED BY THE

CONTRACTOR
The Contractor shall furnish the Director with such information as the Director may desire respecting the
character of the materials and the progress and manner of the Work, including all information necessary to
determine the Contractor’s costs, such as the number of persons employed, their pay, the time during which
they worked on the various classes of construction, and other pertinent data.

1.08 1.09

CONTRACT

DRAWINGS
The City will accept no responsibility for errors resulting from misinterpretation or scaling of the Drawings.

SPECIFICATIONS AND DRAWINGS
A. The Contractor shall keep on the Work Site a copy of all Specifications, Drawings, and Change
Orders pertaining to the Work and shall at all times give the Director access thereto.

Anything
mentioned in the Specifications and not shown on the Drawings or shown on the Drawings and not
mentioned in the Specifications shall be of like effect as though shown or mentioned in both.

In general, the Drawings will show dimensions, positions, and kind of construction; and the
Specifications will define materials, quality, and standards. Any Work not particularly detailed,
marked or specified, shall be the same as similar parts that are detailed, marked or specified. The Drawings shall not be scaled to determine dimensions, and in all cases shall be calculated from
figures shown on the Drawings. Any discrepancies between scale and figured dimensions, not
marked “not to scale,” must be brought to the Director’s attention before proceeding with the Work
affected by the discrepancy.

Omissions from the Drawings and/or Specifications shall not relieve the Contractor from the
responsibility of furnishing, making, or installing all items required by law or code, or usually
furnished, made or installed in a project of the scope and general character indicated by the Drawings
and Specifications.

For convenience, the Drawings and Specifications may be arranged in various trade subparagraphs,
but such segregation shall not be considered as limiting the Work of any subcontract or trade. The
Contractor shall be solely responsible for all subcontract arrangements of the Work regardless of the
location or provision in the Drawings and Specifications.

The City will furnish free of charge to the Contractor, a maximum of six (6) sets of Contract Drawings
and Specifications. The Contractor shall pay for the costs of any additional sets or portions thereof.

The Contractor shall be responsible to see that all sets are the same as the up-to-date approved set.

Page 10 of 117 ends

1.10 PRECEDENCE OF CONTRACT

DOCUMENTS
A. In the event of conflict between any of the Contract Documents, the provisions placing a more
stringent requirement on the Contractor shall prevail. The Contractor shall provide the better
quality or greater quantity of Work and/or materials unless otherwise directed by City in writing. In
the event none of the Contract Documents place a more stringent requirement or greater burden
on the Contractor, the controlling provision shall be that which is found in the document with higher
precedence in accordance with the following order of precedence:

1. 2.

Governmental Approvals including, but not limited to, permits required for the Work
Modifications issued after execution of the Contract (including modifications to Drawings
and Specifications)

3. The Contract, including all exhibits, attachments, appendices and Addenda, with later Addenda having precedence over earlier
Addenda
Special Conditions, if any
General Conditions
Specifications
Drawings

4. 5.

6. 7.

8. Bidding Requirements
B. With reference to the Drawings, the order of precedence is as follows:

1. 2.

3. 4.

5. 6.

7. 8.

9. Change Order Drawings
Addenda Drawings
Contract Drawings
Project Drawings
Standard Drawings
Detail Drawings
General Drawings
Figures
Scaled dimensions
C. Within the Specifications, the order of precedence is as follows:

1. 2.

3. 4.

5. Change Orders
Special Conditions
Project Technical Specifications
Standard Specifications, if any
Applicable Trade Association
Specifications

1.11 NOTICE OF

CONFLICTS
If the Contractor, in the course of the Work, becomes aware of any claimed conflicts, errors or omissions in
the Contract Documents or in the City's fieldwork or work of City's separate contractors, the Contractor shall
immediately notify the Director in writing. The Director shall promptly review the matter, and if the Director
finds a conflict, error or omission, the Director shall determine the corrective actions and advise the Contractor
accordingly. If the correction associated with a conflict, error or omission increases or decreases the amount
of Work called for in the Contract, the City shall issue an appropriate Change Order in accordance with the
Contract Documents. After discovery of an error or omission by the Contractor, any related additional work
performed by the Contractor shall be done at the Contractor's risk unless authorized by the Director.

Page 11 of 117 ends

1.12 REPORTS
A. Daily Construction Reports: The Contractor shall prepare a daily construction report recording the
following information concerning events at Project site:

1. 2.

3. 4.

5. 6.

List of Subcontractors at Project site.

List of other contractors at Project site.

Approximate count of personnel at Project
site.

Equipment at Project site. Material deliveries.

High and low temperatures and general weather conditions, including presence of rain or

7. snow.

8. Accidents.

Meetings and significant

9. decisions. Unusual events.

10. 11.

12. 13.

14. 15.

16. 17.

18. 19.

20. 21.

22. Stoppages, delays, shortages, and losses.

Meter readings and similar recordings.

Emergency procedures.

Orders and requests of authorities having jurisdiction.

Change Orders received and implemented.

Construction Change Directives received and
implemented.

Services connected and disconnected.

Equipment or system tests and startups.

Partial completions and occupancies.

Substantial Completions authorized. List of visitors to Project Site.

List of personnel at Project Site including names and job classifications.

Description of Work for the day including locations, quantities and related bid items.

Immediately upon discovery of a difference between field conditions and the Contract Documents, the
Contractor shall prepare and submit a detailed report through a Request for Information (RFI).

Include a
detailed description of the differing conditions, together with recommendations for a remedy. The Daily Construction Report must be: signed by Contractor’s Superintendent, submitted within 24 hours
(next Working Day) to the Director, and shall be made available to others as directed by City.

1.13 LINES, GRADES, AND

MEASUREMENTS
A. All lines and grades will be established by the Contractor. The Contractors shall carefully preserve all
survey stakes and reference points as far as possible. Should any stakes or points be removed or
destroyed unnecessarily by any act of the Contractor or his/her employees, they must be reset to the
satisfaction of the Director, at the Contractor's expense.

The Contractor shall inform the Director 48 hours (two Work Days) in advance of the times and places
at which he/she intends to Work in order that inspection may be provided, and that necessary
measurements for records and payments may be made with minimum inconvenience. No direct payment will be made for the cost to the Contractor of any of the Work or delay occasioned
by giving lines and grades, by making other necessary measurements, or by inspection.

Page 12 of 117 ends

1.14 RIGHT OF
WAY
A. The site for the installation of equipment or the right of way for the Work to be constructed under this
Contract will be provided by the City.

B. The City will provide the appropriate rights of way and property for pipelines and structures. Upon
approval by the Director, the Contractor may, without cost, use portions of any of the City's rights of
way or property which may be suitable for working space and for storage of equipment and
materials. The Contractor will be held responsible for any damage to structures, streets, and roads,
trees and landscaping, and for any damage that may result from his/her use of City property.

C. In case areas additional to those available on the City's rights of way or property are required by the
Contractor for his/her operations, he/she shall make arrangements with the property owners for the use

1.15 CONTRACTOR’S OPERATIONS/STORAGE of such additional areas at his/her own expense.

YARD
In the event the Contractor requires space for the storage and/or staging of construction materials, supplies,
equipment, stockpiling of debris, or any other needs required for construction operations, he/she shall acquire at
his/her own expense such areas as he/she may desire. For properties within the City of Vernon, the staging
area must be enclosed at Contractor’s expense with construction fencing covered with a mesh screen to limit
visibility to the site. Private property used for storage of construction material or debris shall be restored to a legal
condition with regard to appearance and maintenance upon conclusion of the project. Property should be graded
and free of weeds and debris when project is completed. [END OF
ARTICLE]

Page 13 of 117 ends

ARTICLE 2 - PERFORMANCE OF THE WORK

2.01 PERFORMANCE OF WORK -

GENERAL
Contractor shall, at its own cost and expense, furnish all necessary materials, labor, transportation, and
equipment for doing and performing said Work and the materials used shall comply with the requirements of the
Contract Documents. All Work shall be performed and completed as required in the Contract Documents, and
subject to the approval of the Director, or his/her designated assistant.

2.02 2.03

NO ASSIGNMENT OR

DELEGATION
Contractor shall not assign or delegate the duties or obligations under this Contract or his/her interest therein in
whole or in part without the prior written consent of the City which may be withheld at the City's sole discretion. STANDARD OF

PERFORMANCE
Contractor agrees that all services performed hereunder shall be provided in a manner commensurate with the
highest professional standards and shall be performed by qualified and experienced personnel; that any Work
performed by Contractor under the Contract will be performed in the best manner; that any material furnished
shall be subject to the approval of the Director; and that both Work and materials will meet fully the requirements
of the Contract Documents. Any work deemed unacceptable by the Director, whether a cause is determined or
not shall be repaired or replaced by Contractor at Contractor’s expense.

The Contractor shall be responsible for the final product and shall make any quality control, adjustments and
corrections necessary to obtain the final product accepted by the City Engineer. The Contractor shall perform
process and quality control sampling and testing and exercise management control the work of his/her
subcontractors, technicians and workers to ensure that the milling, transporting, recycling, spreading,
compaction, and finishing processes conform to these Specifications. The proficiency of testing laboratories
and sampling and testing personnel shall be reviewed and approved by the City Engineer prior to providing
services to the project. The City Engineer shall have unrestricted access to the laboratory, sampling, testing
sites, and all information resulting from mix design and quality control activities. All Quality Control testing
results shall be submitted to the City Engineer on a daily basis.

2.04 DEFECTIVE
WORK
Within the time periods that the City specifies, the Contractor shall correct all deficient, improperly executed, or
unsatisfactory Work determined by the City.

The Contractor shall remove and shall repair or replace, at his/her own expense any part of the Work that is
deficient, improperly executed, or unsatisfactorily executed, even though it has been included in the monthly
estimates. If he/she refuses or neglects to remove, repair, or replace such defective Work, prior to the City’s
acceptance of the Work, it may be replaced by the City at the expense of the Contractor, plus 15% for overhead
expenses, and his/her sureties shall be liable therefor. (See Paragraph 2.15 for curing defects after acceptance
of the Work.)

2.05 CITY’S RIGHT TO CARRY OUT THE
WORK
A. Notwithstanding other remedies available to the City, if the Contractor defaults, fails to perform Work
required by the Contract Documents, or otherwise neglects to carry out the Work in accordance with
the Contract Documents and fails within a 48 hour period after receipt of written notice from the City to
commence and correct such default, failure to perform, or neglect with diligence and promptness, the Page 14 of 117
City, at its sole discretion and without obligation, may, with its own or outside forces, perform the Work
Contractor has failed to perform and/or replace or correct deficiencies in the Work. In such case, a
Change Order or Construction Change Directive shall be issued deducting from payments then or
thereafter due to the Contractor the cost of completion, replacement or correction of such deficiencies,
including compensation for additional services by the City’s project management staff, the Architect,
and their respective consultants made necessary by such default, failure to perform, or neglect, plus
15% for City’s overhead expenses. If payments then or thereafter due the Contractor are not sufficient
to cover such amounts, the Contractor shall pay the difference to the City immediately. This remedy is
cumulative.

B. The City also has the right, but not the obligation, to self-perform or have outside forces perform portions
of the Work previously assigned to Contractor. In such case a Change Order or Construction Change
Directive shall be issued, reducing the Contract Sum by the Unit Price(s) applicable to such deleted
Work or, in the absence of Unit Prices, an amount that reflects the reasonable cost of performing such
deleted Work and the Allowable Mark-Up applicable to such deleted Work.

2.06 COMMUNICATIONS AND NOTICES REGARDING THE WORK
A. Notices under the Contract Documents shall be submitted in writing via email to [email protected] or (a) delivered personally, (b) sent by certified mail, return receipt requested,
or (c) sent by a recognized overnight mail or courier service, with delivery receipt requested, to the following
addresses (or to such other address as may from time to time be specified in writing by such Person):

All correspondence with Contractor shall be sent to the following address:

Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92630
Attention:

Phone:

Michael Murray, Vice
President
(714) 444-1851
All communications shall be copied to City and shall be delivered to City’s Director at the address
set forth below, with copies to such additional persons as may be directed by City’s Director. City of Vernon
Public Works
Department
4305 Santa Fe Avenue
Vernon, CA 90058 Attention:

Phone:

Lissette Melendez, Project
Engineer
E-mail: (323) 583-8811 ext. 246 [email protected] g
B. Notices shall be deemed received when actually received in the office of the addressee (or by the
addressee if personally delivered) or when delivery is refused, as shown on the receipt of the U. S.

Postal Service, private carrier or other Person making the delivery. All notices received after 5:00
p.m. shall be deemed received on the first business day following delivery. Any technical or other
communications pertaining to the Work shall be conducted by Contractor's Project Manager and
technical representatives designated by City. Contractor's representatives shall be available at all

Page 15 of 117 ends

reasonable times for consultation, and shall be authorized to act on behalf of Contractor in matters
concerning the Work.

Contractor shall copy City on all written correspondence pertaining to the Contract between
Contractor and any Person other than Contractor's Subcontractors, consultants and Notification of Affected Residents/Businesses. The Contractor shall be responsible for attorneys. distribution of
the general information letter of the project to all affected residents and businesses. A project general
information letter and sufficient copies thereof will be prepared by City staff for Contractor distribution
to all residents, business establishments, and institutions fronting on or directly affected by the project.

The Contractor shall be responsible for distribution of said letter in handout form to all the appropriate
residences and buildings in the subject area. Distribution shall be accomplished in a manner
acceptable to the City Engineer and shall be five (5) working days prior to the beginning of construction
operations in the immediate vicinity. In addition to the above, the Contractor shall be fully responsible
for such other notifications as may be required related to necessary closures of streets, alleys,
driveways, etc., or to unavoidable access or parking restrictions. These notifications shall apply where
the closures and access or parking restrictions required in the performance of any work under this
contract preclude any resident, tenant, or property owner from utilizing the premises or conducting
business thereon in a reasonable and customary manner.

Additional notification to the affected businesses and residents shall be prepared by the City and
distributed by the Contractor for roadway and driveway closures five (5) working days in advance of
any construction work. No removal or excavation work is allowed until the additional notification has
been distributed to the affected residents and businesses.

If a Contractor is unable to adhere to his schedule as indicated on his written notification, then all the
affected residents and places of business shall be re-notified of the revised schedule, in writing, as
indicated above. Contractor costs for all of the above notifications shall be considered as included in the appropriate
items of the Bid Proposal.

E. Notification of Utilities – The provisions of Section 402 entitled "Utilities" of the “Greenbook” Standard
Specifications shall apply. The Contractor shall contact the Underground Service Alert of Southern

2.07 California (U.S.A.) at least two working days in advance of the construction work.

2.08 INDEPENDENT

CONTRACTOR
The Contractor in the performance of the Work hereunder will be acting in an independent capacity and not
as an agent, employee, partner, or joint venture of the City.

EMERGENCY
WORK A. During Working
Hours:

In case of an emergency which threatens loss or injury of property, and/or safety of life during working
hours, the Contractor shall act, without previous instructions from the City, as the situation may warrant.

He/she shall notify the Director of the emergency and the action taken immediately thereafter.

Any compensation claimed by the Contractor, together with substantiating documents in regard to

Page 16 of 117 ends

expense, shall be submitted to the Director within 15 calendar days after the emergency.

Compensation, if allowed, will be paid for as Extra Work.

B. Outside of Working
Hours:

Whenever, in the opinion of the City, there shall arise outside of the regular Working hours on the
Contract Work of an emergency nature which threatens loss or injury of property, or danger to public
safety, the Contractor shall act, without previous instructions from the City as the situation may
warrant. He/she shall notify the Director of the emergency and the action taken immediately
thereafter. Any compensation claimed by the Contractor, together with substantiating documents in
regard to expense, shall be submitted to the Director within 15 calendar days after the emergency.

Compensation, if allowed, will be paid for as Extra Work. In the event the Contractor is not able to
respond to an emergency outside of regular working hours, the City's forces will handle such
emergency Work. If such emergency arises out of or is the result of operations by the Contractor, the
cost of the corrective measures will be billed to the Contractor and deducted from his/her payment as
provided in the Contract Documents. The performance of emergency Work by City forces will not
relieve the Contractor of any of his/her responsibilities, obligations, or liabilities under the Contract.

2.09 SUBCONTRACTOR
S
A. Each subcontract shall contain a reference to the Contract between the City and the principal Contractor, and the terms of the Contract and all parts thereof shall be made part of each subcontract
insofar as applicable to the Work covered thereby. If, in the Director’s opinion, the Subcontractor fails
to comply with the requirements of the principal Contract insofar as the same may be applicable to the
Subcontractor’s Work, the Director may disqualify the Subcontractor.

Nothing contained in these Contract Documents shall be construed as creating any contractual
relationship between any Subcontractor and the City.

The Contractor shall be considered the employer of the Subcontractors and shall be fully responsible
to the City for the acts and omissions of Subcontractors and of persons employed by them as the
D. Contractor is for the acts and omissions of persons directly employed by him/her. The Contractor shall be responsible for the coordination of the trades, Subcontractors, and material
suppliers engaged upon the Work. It shall be the Contractor’s duty to see that all of his/her
Subcontractors commence their Work at the proper time and carry it on with due diligence so that
they do not delay or injure either the Work or materials; and that all damage caused by them or their
workers is made good at his/her expense.

The City will not undertake to settle differences between the Contractor and his/her Subcontractors or
between subcontractors.

The Contractor shall utilize the services of specialty Subcontractors, without additional expense to the
City, on those parts of the Work which are specified to be performed by specialty contractors.

2.10 USE OF FACILITIES PRIOR TO COMPLETION OF

CONTRACT
A. Whenever in the opinion of the Director any Work under the Contract, or any portion(s) thereof, is in a
condition suitable for use by the City, the City may, after written notice and designation from the
Director to the Contractor, use (which includes, but is not limited to, taking over or placing into

Page 17 of 117 ends

service) any portion(s) designated by the
Director.

The use of any portion(s) by the City shall not be construed as, and will not constitute acceptance in
any sense, of any portion(s) of the Work of the Contractor nor will such use trigger the running of any
warranty and/or guarantee periods. All necessary repairs, renewals, changes, or modifications in the Work or any portion thereof so used,
not due to ordinary wear and tear, but due to defective materials or workmanship, the operations of
the Contractor, or any other cause, shall be made at the expense of the Contractor. The use of any portion(s) by the City shall not relieve the Contractor of any of his/her responsibilities
or liabilities under the Contract nor constitute a waiver by the City of any of the conditions thereof.

Said use shall not cancel liquidated damages as of the first date of use, or any continuance thereof,
nor impair, reduce, or change the amount of liquidated damages.

2.11 COOPERATION WITH OTHER WORK
FORCES
A. The City reserves the right to perform other Work at or near the site at any time by the use of its own
forces or other contractors.

B. Other contractors, other utilities and public agencies or their contractors, other City contractors, and
City personnel may be working in the vicinity during the project construction period. There may be
some interference between these activities and the Work under the Contract Documents.

The
Contractor shall cooperate and coordinate his/her Work with that of other Work forces to assure
timely Contract completion.

2.12 2.13

AGREEMENTS WITH PROPERTY
OWNERS
Agreements with property owners for storing excavated material, storing any other materials, or for any other
purpose related to the Work shall be made in writing and a copy submitted to the Director for his/her
information. All storage charges shall be at the Contractor’s sole expense. PROTECTION OF

PROPERTY
All public and private property, pavement or improvement, shall be safely guarded from damage or loss in
connection with this Contract by the Contractor at all times. Should any facility, structure, or property be damaged
during operations of the Contractor, he/she shall immediately notify the property owners or authorities. All
damages and losses incurred shall be paid by the Contractor.

2.14 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR

LIABILITIES
A. Risk of Loss
Except as otherwise provided in the Contract Documents and except as to the cost of repair or
restoration of damage to the Work caused by force majeure, the Contractor shall bear all losses
resulting to him/her on account of the amount or character of the Work, or from any unforeseen
obstructions or difficulties which may be encountered, or from any encumbrances on the line of the
Work, or because the nature of the ground in or on which the Work is done is different from what is
assumed. The Contractor shall bear the risk for any City equipment, material, or supplies with which
he/she has been entrusted.

Page 18 of 117 ends

B. Materials and Facilities
The Contractor shall be responsible for materials and facilities as hereinafter provided and in the
event of his/her failure to carry out said responsibilities, the same may be carried out by the City at the
expense of the Contractor: 1.

2. 3.

The Contractor shall be responsible for any materials so furnished and for the care of all
Work until its completion and final acceptance, and he/she shall at his/her own expense
replace damaged or lost materials and repair damaged parts of the Work. The Contractor shall protect City facilities from damage resulting from his/her Work. City
facilities damaged by, or as a result of, the Contractor's Work under this Contract shall be
repaired or replaced, as directed by the Director, at the Contractor's expense. The Contractor shall remove from the vicinity of the completed Work all buildings, rubbish,
unused material, concrete forms, and other materials belonging or used under his/her
direction during construction. If Contractor fails to completely remove such items within a
reasonable time the City may do so at the Contractor’s expense.

C. Laws and Regulations

1. The Contractor shall obey all laws, ordinances, and regulations in any manner affecting those
engaged or employed on the Work, or the materials used in the Work, or in any way affecting
the conduct of the Work, and of all court orders and decrees having any jurisdiction or authority
over the same. If any discrepancy or inconsistency should be discovered in this Contract, or in
the Drawings or Specifications herein referred to, in relation to any such law, ordinance,
regulation, order, or decree, he/she shall immediately report the same in writing to the Director.

2. Contractor shall, at all times, cause all his/her agents and employees to observe and comply with
all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may

3. Nothing in the Contract Documents shall be construed to permit Work not conforming to become effective before Final Completion of this Contract. such laws,
ordinances, and regulations. If the Contractor ascertains at any time that any requirement of this
Contract is at variance with such applicable law requirement, he/she shall immediately notify the
Director.

4. If such applicable law requirement was not in effect on the date of submission of bids, any
necessary adjustment of the Contract price shall be made as provided in Article 6 herein.

If such
applicable law requirement was in effect on said date of bid submission, no adjustment of Contract
price will be considered.

5. The Contractor, at his/her own expense, shall pay all taxes properly assessed against his/her
equipment, materials, or property used or required in connection with the Work.

2.15 WARRANTY AND

CORRECTIONS
A. Warranty

1. Warranty. The Contractor warrants to the City that: (i) materials and equipment furnished
under the Contract will be of good quality and new unless otherwise required or permitted by

Page 19 of 117 ends

the Contract Documents; (ii) the Work will be of good quality and free from defects; (iii) the
Work will conform to the requirements of the Contract Documents; and (iv) Contractor will
deliver the Project free of stop notice claims. Work not conforming to these requirements,
including substitutions not accepted by the City, will be deemed defective. The Contractor’s
warranty excludes improper or insufficient maintenance, improper operation, or normal wear
and tear and normal usage. If required by the City, the Contractor shall furnish satisfactory
evidence as to the kind and quality of materials and equipment. This warranty is not limited
by the correction obligation of Paragraph 2.04 herein.

2. 3.

Overlap. Where any warranties provided under the Contract Documents overlap, conflict, or
are duplicative, Contractor will be bound by the more stringent requirements.

Procurement and Assignment of Warranties: Contractor shall obtain in the name of City, or
transfer or assign to City or City’s designee prior to the time of Final Completion of the Work,
any and all warranties or guarantees which Contractor is required to obtain pursuant to the
contract Documents and which Contractor obtained from any other person or entity other than
Contractor including, but not limited to, Subcontractors and manufacturers, and further agrees
to perform the Work in such a manner so as to preserve any and all such warranties.

Contractor shall secure written warranties from all Subcontractors. Contractor and its
Subcontractors shall offer any warranty upgrades or extensions that are offered by
manufacturers of any equipment or system installed in the Work to the City.

Contractor shall
deliver to City all warranty and guarantee documents and policies.

4. Survival of Warranties: The provisions of this paragraph 2.15 will survive Contractor’s
completion of the Work or termination of Contractor’s performance of the Work.

B. Correction of Work

1. Before or After Final Completion. The Contractor shall promptly correct Work rejected by the City or City’s designee, as failing to conform to the requirements of the Contract
Documents, whether discovered before or after Final Completion and whether or not
fabricated, installed, or completed. Costs of correcting such rejected Work, including
additional testing, inspections, and compensation for the City’s services and expenses
made necessary thereby, will be at the Contractor’s expense within the Contract Price.

2. After Final
Completion.
(a) In addition to the Contractor’s warranty obligations under Paragraph

2.15-A, if,
within one (1) year after the date of Final Completion of the Work or within the time
period established by any applicable special warranty required by the Contract
Documents, any of the Work is found to be not in accordance with the
requirements of the Contract Documents, the Contractor shall commence
correction or replacement of such Work within forty-eight (48) hours after receipt
of written notice from the City to do so. The Contractor shall perform such
corrective work without charge or cost to the City after Final Completion of the
Work. The City shall give such notice promptly after discovery of the condition.
(b) If the Contractor fails to commence correction or replacement of nonconforming Work within forty-eight (48) hours after receipt of written notice, the City will
proceed to have defects repaired or replaced at the expense of the Contractor and
its Performance Bond surety, plus fifteen percent (15%) for the City’s overhead Page 20 of 117
and administrative expense. The City may charge such costs against any
payment due Contractor. If, in the opinion of the City, defective work creates a
dangerous or hazardous condition or requires immediate correction or attention to
prevent further loss to the City or to prevent interruption of operations of the City,
the City may take immediate action, give notice, make such correction, or provide
such attention and the cost of such correction or attention will be charged against
the Contractor. Such action by the City will not relieve the Contractor of the
warranties provided in this Article or elsewhere in the Contract Documents.

3. Replacement or Removal of Defective or Unauthorized Work. The Contractor shall remove
from the Site and replace those portions of the Work which are not in accordance with the
requirements of the Contract Documents in a manner acceptable to and as ordered by the
Director. No compensation shall be allowed for such removal or replacement.

Director
shall have authority to cause defective work to be remedied, removed or replaced and to
deduct the costs from monies due or to become due to the Contractor.

4. 5.

Destruction or Damage. In the event the Contractor destroys or damages any construction
of the City or another contractor while correcting or removing Work which is not in
accordance with the requirements of these Contract Documents, the Contractor shall bear
the cost of repairing or reconstructing that other construction as well.

No Limitation. Nothing contained in Paragraph 2.15-B will be construed to establish a
period of limitation with respect to other obligations which the Contractor might have under
the Contract Documents. Establishment of the one-year period for correction of Work as
described in Paragraph 2.15-B relates only to the specific obligation of the Contractor to
correct the Work, and has no relationship to the limitations periods established by statute
for any construction defect or other causes of action.

2.16 CLEANING AND ENVIRONMENTAL

CONTROLS
The Contractor, Subcontractors and employees shall comply with all litter and pollution laws and it shall be the
responsibility of the Contractor to ensure compliance. The Contractor shall do all of the following:

A. Maintain the Site free of waste materials, debris, and rubbish and in a clean and orderly condition;
and Remove waste materials, debris and rubbish from site and dispose off-site legally.

B. The Contractor shall maintain at his/her disposal any and all equipment necessary to prevent and
remediate any sanitary sewer overflow arising out of the Work. The Contractor shall furnish and operate
a self-loading motor sweeper with spray nozzles, as directed by the Director, to maintain the affected
areas in a condition of cleanliness acceptable to the City at all locations affected by the Contractor’s
operations. For purposes of this Paragraph, the affected areas include the project Site as well as all
haul routes to and from the project Site and all areas of construction and restoration which have not
been completed.

The Contractor shall take appropriate action to ensure that no dust originates from the project Site.

Any equipment or vehicles driven and/or operated within or adjacent to a street gutter, storm drain,
runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that
E. if introduced to water could be deleterious to aquatic life. No debris, soil, silt, sand, bark, trash, sawdust, rubbish, cement or concrete or washings thereof, oil or

Page 21 of 117 ends

petroleum products or other organic or earthen material from any construction, or associated activity or
whatever nature shall be allowed to enter into or placed where same may be washed by rainfall or
runoff into waters of the State. When operations are completed, any excess materials or debris shall
be removed from the Work area.

2.17 WATER POLLUTION

CONTROL
A.

The Contractor shall meet all applicable City of Vernon, state and federal clean water laws, rules and
regulations including but not limited to all conditions set forth in the Vernon Municipal Code Chapter
21, Article 5 regarding stormwater and urban runoff controls as it relates to public agency activities
including, but not limited to storm and/or sanitary sewer system inspection and repair, street
sweeping, trash pick-up and disposal, and street and right-of-way construction and repair are
required to implement and maintain the activity specific Best Management Practices (BMPs) listed
in Table 2-1 below in compliance with the National Pollutant Discharge Elimination System (NPDES)
requirements. Contractor shall not discharge any water containing trash, debris, pollutants, fuels,
oils, soaps or other non-allowable constituents from its sweeping vehicles upon any city street, to
any storm drain or any non-permitted outlet. As part of its submission, contractor shall describe its
methods for preventing NPDES violations during sweeping operations within the City. In addition,
Contractor shall comply with all NPDES requirements at its maintenance facilities, storage yards and
company facilities. Failure to comply with this section may result in termination for cause by the City
of any contract resulting from this solicitation.

Table 2-1. BMPs for Public Agency Facilities and
Activities
General and Activity Specific
BMPs Scheduling and Planning
Spill Prevention and
Control Sanitary/SepticWasteManagemen
t
General BMPs Material Use Safer Alternative Products
Vehicle/Equipment Cleaning, Fueling and
Maintenance
Illicit Connection Detection, Reporting and Removal
Illegal Spill Discharge Control Maintenance Facility Housekeeping Practices Asphalt Cement Crack and Joint Grinding/
Sealing
Asphalt Paving Structural Pavement Failure (Digouts) Pavement Grinding and Paving Flexible Pavement
Emergency Pothole Repairs
SealingOperations
Portland Cement Crack and Joint
Sealing
Mudjacking and Drilling
Rigid Pavement
Concrete Slab and Spall Repair
ShoulderGrading
Nonlandscaped Chemical Vegetation Control
Nonlandscaped Mechanical Vegetation Control/Mowing
Nonlandscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub
Removal
Slope/Drains/Vegetation

Page 22 of 117 ends

Fence Repair
Drainage Ditch and Channel
Maintenance
Drain and Culvert Maintenance Curb and Sidewalk Repair
SweepingOperations
Litter and Debris Removal
Litter/ Debris/
Graffiti
Landscaping
Emergency Response and Cleanup
Practices
Graffiti Removal Chemical Vegetation
Control Manual Vegetation
Control Landscaped Mechanical Vegetation Control/ Mowing Landscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub Removal
Irrigation Line Repairs Irrigation (Watering), Potable and Nonpotable
Storm Drain Stenciling Roadside Slope Inspection
Environmental
Bridges
RoadsideStabilization
StormwaterTreatment Devices
Traction Sand Trap Devices
Welding and Grinding
Sandblasting, Wet Blast with Sand Injection and
Hydroblasting
Painting Bridge Repairs
Pump Station Cleaning
Tube and Tunnel Maintenance and
Repair
Tow Truck Operations
OtherStructures
Electrical
Toll Booth Lane Scrubbing
Operations
Sawcutting for Loop Installation Thermoplastic Striping and Marking
Paint Striping and Marking Raised/ Recessed Pavement Marker Application and Removal
Sign Repair and Maintenance
TrafficGuidance
Median Barrier and Guard Rail Repair
Emergency Vehicle Energy Attenuation
Repair
Minor Slides and Slipouts Cleanup/ Repair
Building and Grounds Maintenance
Storage of Hazardous Materials (Working
Stock)
Material Storage Control (Hazardous Waste)
Outdoor Storage of Raw Materials
Vehicle and Equipment Fueling
StormMaintenance
Management and Support
Vehicle and Equipment Cleaning
Vehicle and Equipment Maintenance and Repair
Aboveground and Underground Tank Leak and Spill
Control

Page 23 of 117 ends

B. Water Quality Protection Requirements for Construction Projects with Less than One (1) Acre of
Disturbed Soil.

All construction projects, regardless of size, will be required to implement best management practices
(BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) to meet the
minimum water quality protection requirements and implement all applicable set of BMPs as defined
in Table 2-2.

Table 2-2
Minimum Water Quality Protection Requirements and Applicable Set of BMPs for All Construction Projects Category Minimum
Requirements
BMPs

1. Sediment Control Sediments generated on the project site shall be retained
using adequate Treatment Control or Structural
BMPs.

Sediment Control

2. Non-Stormwater
Management, Waste
Management and
Materials Pollution
Control
Construction-related materials, wastes, spills or residues shall be retained at the project site to avoid discharge to streets, drainage facilities, receiving waters, or adjacent properties by wind or runoff.

Non-storm water runoff from equipment and vehicle
washing
and any other activity shall be contained at the project sites.

Stormwater
Management; Waste
Management

3. Erosion Control Erosion from slopes and channels shall be controlled by implementing an effective combination of BMPs, such as
the
limiting of grading scheduled during the wet season;
inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering
erosion
susceptible slopes.

Erosion Control
Please refer to the California Stormwater Quality Association’s Construction Handbook (available on their website:
www.cabmphandbooks.com) for further information regarding the BMPs listed in Table 2-2.

All construction projects with Less than One (1) Acre of Disturbed Soil shall submit to the City a
signed Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit
(Exhibit 5). The Contractor may self-certify that the following training was completed on an annual basis
providing they certify they have received all applicable training:
• The Contractor shall train all of their employees in targeted positions (whose interactions,
jobs, and activities affect stormwater quality) on the requirements of the overall stormwater
• management program. When the Work includes the use or have the potential to use pesticides or fertilizers, the
Contractor shall train all of their employees (whether or not they normally apply pesticides
or fertilizers as part of their work). Training programs shall address: 1) The potential for pesticide-related surface water toxicity;
2) Proper use, handling, and disposal of pesticides;

Page 24 of 117 ends

3) Least toxic methods of pest prevention and control, including Integrated Pest
Management; and
4) Reduction of pesticide use
C. Water Quality Protection Requirements for Construction Projects with One (1) Acre (or greater) of
Disturbed Soil. In addition to the minimum BMPs required in Paragraphs A and B, all construction
projects where at least one (1) acre of soil will be disturbed, construction activity that results in land
surface disturbances of less than one acre if the activity is part of a larger common plan of development,
or the sale of one or more acres of disturbed land surface requires a Construction Activities Storm
Water General Permit (2009-0009-DWQ Permit).

Prior to commencement of construction activities, the Permit Registration Documents (PRDs) must
be submitted electronically in the Storm Water Multi-Application Report Tracking System (SMARTS)
(http://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.jsp). PRDs consist of the Notice of Intent, Risk Assessment, Post-Construction Calculations, a Site Map, the Storm Water
Pollution Prevention Plan (SWPPP), a signed certification statement by the Legally Responsible
Person (LRP), and the first annual fee.

See: http://www.swrcb.ca.gov/water_issues/programs/stormwater/construction.shtml for more information. A Waste Discharger Identification (WDID) will be emailed to the LRP after the PRDs
have been submitted and are deemed complete. Construction activities cannot begin until a WDID is
issued by the State Water Resources Control Board. Contractor shall bear the costs of any delays to
the Project caused by a delay in obtaining its WDID.

The SWPPP shall include:

1. The name, location, period of construction, and a brief description of the project;

2. Contact information for the owner and contractor;

3. The building permit number for the project;

4. The grading permit number for the project (where applicable);

5. A list of major construction materials, wastes, and activities at the project site;

6. A list of best management practices to be used to control pollutant discharges from major
construction materials, wastes, and activities;

7. A site plan (construction plans may be used) indicating the selection of BMPs and their
location where appropriate;

8. Non-storm water discharges, their locations, and the BMPs necessary to prevent the
discharge;

9. A maintenance and self-inspection schedule of the BMPs to determine the effectiveness
and necessary repairs of the BMPs; and

10. A certification statement that all required and selected BMPs will be effectively
implemented.

Within seven (7) days after the City awards the Contract, the Contractor shall submit one (1) original
hard copy and one (1) electronic copy via email to [email protected] of the proposed
SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the plan. If revisions
are required, the Contractor shall revise and re-submit the document within seven (7) days of its receipt
of the City’s comments. The City shall then have seven (7) days to consider the revisions made by the
Contractor and approve the SWPPP.

The Contractor shall maintain a minimum of two (2) readily accessible copies of the SWPPP at the
Project site. The SWPPP shall be made available upon request of a representative of the Los

Page 25 of 117 ends

Angeles Regional Water Quality Control Board (LARWQCB) or the U.S. Environmental Protection
Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the
D. City. Best Management Practices
The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect
the quality of storm water discharge associated with construction activities. The plan will describe
and ensure the implementation of Best Management Practices (BMPs) which will be used to
reduce pollutants in the storm water discharges from the construction site. A Best Management
Practice is defined as any program, technology, process, operating method, measure, or device
that controls, prevents, removes, or reduces pollution. The Contractor shall select appropriate
BMPs from the California Stormwater BMP Handbook, Municipal, Industrial, New Development,
and Construction Volumes (www.cabmphandbooks.com) in conjunction with all activities and
construction operations. Copies of the California Stormwater BMP Handbooks may be obtained
from:

California Stormwater Quality
Association
P.O. Box 2313
Livermore, CA 94551
Cashier
Los Angeles County DPW
900 South Fremont Avenue
Alhambra, CA 91803
Tel. No. (626) 458-6959
www.cabmphandbooks.com
E. Implementation
The Contractor will be responsible throughout the duration of the Project for the installation,
monitoring, inspection and maintenance of the BMPs included in the SWPPP and for removing and
disposing of temporary BMPs. The Contractor may be required to implement additional BMPs as a
result of changes in actual field conditions, contractor’s activities, or construction operations.

The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP
control measures to protect soil-disturbed areas of the project site before the onset of precipitation
and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully
deploy these control measures.

Throughout the winter season, active soil-disturbed areas of the project site shall be fully protected
at the end of each day with these control measures unless fair weather is predicted through the
following day. The Contractor shall monitor daily weather forecasts. If precipitation is predicted
prior to the end of the following workday, construction scheduling shall be modified, as required,
and the Contractor shall deploy functioning control measures prior to the onset of the precipitation.

The City may order the suspension of construction operations which are creating water pollution if
the Contractor fails to conform to the requirements of this Paragraph 2.17. Unless otherwise directed
by the City, the Contractor’s responsibility for SWPPP implementation shall continue throughout any
temporary suspension of the Work.

F. Sewage Spill Prevention. The Contractor’s attention is directed to the sewer bypass operation
required during any sewer construction pursuant to the 2021 edition of the “Greenbook” Standard
Specifications for Public Works Construction, Section 3-12.5 or as that section is subsequently
amended.

The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a
sewage spill. In the event of a sewage spill, the Contractor shall make arrangements for an

Page 26 of 117 ends

emergency response unit comprised of emergency response equipment and trained personnel to
be immediately dispatched to the project site.

The Contractor shall be fully responsible for preventing and containing sewage spills as well as
recovering and properly disposing of raw sewage. In addition, the Contractor is responsible for any
fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is
damaged by the contractor shall be immediately repaired at the Contractor’s expense.

The
Contractor shall take all measures necessary to prevent further damage or service interruption and
to contain and clean up the sewage spills.

G. Sewage Spill Telephone
Notification
Should a sewage spill occur, the Contractor shall immediately report the incident to both of these two
City Departments:

Sewer Maintenance Services……………….City of Vernon Control Center (323) 826-1461 Fire Department Dispatch Center................................................................................. 911 The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone
numbers of City representatives such as Project Managers and Inspectors. However, if these City
representatives are not available, then the Contractor shall immediately call: City of Vernon Control Center (323) 826- 1461
H. Sewage Spill Written
Notification
The Contractor shall prepare and submit a written report to the Director within three (3) Working
Days from the occurrence of a spill to the City. This report shall describe all of the following: 1. The exact location on the Thomas Guide
map.

2. The nature and volume. 3. The date, time and
duration.

4. The cause. 5. The type of remedial and/or cleanup measures taken and date and time
implemented. 6. The corrective and preventive action
taken. 7. The water body impacted and results of necessary monitoring.

I. Enforcement
The City is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and
private citizens. The Contractor shall indemnify, defend and hold City, its officers, agents and
employees harmless from Contractor’s failure to comply and/or fulfill the requirements set forth in
this Paragraph 2.17. Contractor shall be responsible for all costs and liabilities imposed by law as
result of Contractor’s failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17.

The costs and liabilities include, but are not limited to fines, penalties and damages whether
assessed against the City or the Contractor.

Page 27 of 117 ends

In addition to any remedy authorized by law, any money due to the Contractor under this contract
shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor
J. have been satisfied. Maintenance
The Contractor shall ensure the proper implementation and functioning of BMP control measures
and shall regularly inspect and maintain the construction site for the BMPs identified in the
SWPPP. The Contractor shall identify corrective actions and time frames in order to properly
address any damaged measure, or reinitiate any BMPs that have been discontinued.

If the City identifies a deficiency in the deployment or functioning of identified control measures, the
deficiency shall be corrected by the Contractor immediately or by a later date and time if agreed to
by Director and if requested in writing, but not later than the onset of the subsequent precipitation
events. The correction of deficiencies shall be at no additional cost to the City.

K. Payment
All costs involved in the implementation of the SWPPP, including furnishing all labor, materials,
tools, equipment and all incidentals; and for doing all the work involved in installing, constructing,
maintaining, removing, and disposing of control measures, except those that were installed as a
part of another structure, shall be included in the unit prices bid for the various related items of
work and no additional compensation will be made therefor.

2.18 SOLID WASTE DISPOSAL AND

DIVERSION
The Contractor shall submit to the Director the following summary of solid waste generated by the Work,
disposed in Class III landfills, or diverted from disposal through recycling. Report disposal in inert fill
separately. This form must be accompanied by legible copies of weight tickets, receipts, or invoices that
specifically identify the project generating the material. Said documents must be from recyclers and/or
disposal site operators that are acceptable to the Director. Further, the documents must be submitted to the
Director with each application for progress payment. Failure to submit the form and its supporting
documentation will render the application for progress payment incomplete and delay progress payments.

Page 28 of 117 ends

Gifford Ave, 48th,49th,& 50th Street Improvements
ARTICLE 3 - TIME OF COMMENCEMENT AND COMPLETION

3.01 COMMENCEMENT, PROSECUTION, AND COMPLETION

OF WORK
A. Notice to Proceed
The Contractor is not authorized to perform any Work the Contract Documents until he/she has
received from the City an official notification to commence Work. The date on which the notification is
received by the Contractor is herein referred to as the Notice to Proceed. The Contractor shall
commence Work on the Date of Commencement established in the Notice to Proceed is issued. The
Notice to Proceed shall be issued after the Contract is properly executed, bonds are furnished and
approved, and insurance has been submitted and approved.

Prosecution of the Work
Work shall be continued at all times with such force and equipment as will be sufficient to complete it
within the specified time. The Contractor expressly proposes that he/she has taken into consideration
and made allowances for all ordinary delays and hindrances to the Work to be performed and that
he/she will complete the Work within the specified time.

Required Contract
Completion
Time is of the essence in the completion of this Contract. The Work shall be completed in its entirety
and made ready for service within sixty (60) calendar days following the Date of Commencement
established in the Notice to Proceed (“Contract Time”). By executing the Contract, Contractor confirms
that the Contract Time is a reasonable period for performing the Work.

3.02 3.03

CITY'S DISCRETION TO EXTEND CONTRACT
TIME
In the event the Work required hereunder is not satisfactorily completed in all parts and in compliance with the
Contract Documents, City shall have the right, in its sole discretion, to increase the number of Working Days or
not, as may seem best to serve the interest of City. A change order extending the Contract Time only will be
issued by the City should the City decide to increase the number of Working Days.

SUBSTANTIAL
COMPLETION A. Contractor Request for Inspection and Punch List When the Contractor considers that it has achieved Substantial Completion of the Work, or
designated portion thereof, Contractor shall prepare and submit to the Director a request for
inspection and a comprehensive punch list of items to be completed or corrected prior to Final
Payment. Failure to include an item on such punch list does not alter the responsibility of the
Contractor to complete all Work in accordance with the Contract Documents.

B. City Inspection
Upon receipt of the Contractor's punch list, the Director will make an inspection to determine
whether the Work or designated portion thereof is Substantially Complete. If the inspection discloses any item, whether or not included on the Contractor's punch list, which is not sufficiently
complete in accordance with the Contract Documents so that the City can occupy or utilize the
Work or designated portion thereof for its intended use, the Contractor shall, before City's issuance
of the Certificate of Substantial Completion, complete or correct such item upon notification by City. Page 30 of 117
The Contractor shall then submit a request for another inspection by City to determine Substantial
Completion. C. Certificate of Substantial
Completion When the Work or designated portion thereof is substantially complete, the Director will prepare a
Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall
establish responsibilities of the City and Contractor for security, maintenance, utilities, damage to the
Work, and insurance, and shall fix the time within which the Contractor shall finish all items on the
Contractor’s punch list accompanying the Certificate. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work.

Contractor shall
deliver to City all warranty and guarantee documents and policies.

3.04 DELAYS AND EXTENSIONS OF TIME FOR

CONTRACTOR
A.

The Contractor shall take reasonable precautions to foresee and prevent delays to the Work.

In the
event of any delay to the Work, the Contractor shall revise his/her sequence of operations, to the
extent possible under the terms of the Contract, to offset the delay. If any delay to the Work is caused by circumstances within the Contractor's control, it is not excusable
and not compensable, and the Contractor will not be entitled to any extension of time or to any other
compensation for damages resulting directly or indirectly therefrom. If any delay having a direct effect on the Work is caused by circumstances beyond the control of the
Contractor except for causes of delay specified in Paragraph 3.04-D., such delay may be excusable
and may entitle the Contractor to an equivalent extension of time, but not to any other compensation.

Excusable but not compensable causes include but are not limited to labor disputes, weather
conditions unfavorable for prosecution of the Work, and force majeure.

D. If any delay having a direct effect on the Work is caused by failure of the City to provide information
as specified, or necessary instructions for carrying on the Work, or to provide the necessary right of
way or site for installation, or failure of a utility to remove or relocate an existing facility such delay
may be compensable and may entitle the Contractor to an equivalent extension of time, and to
compensation for damages resulting directly from any of the causes of delay specified in this
paragraph.

The Contractor shall notify the Director in writing of any delay having a direct effect on the Work and
the causes thereof within 15 days from the beginning of such delay. Any claim for an extension of time or for compensation for damages resulting from delay shall be
made in writing to the Director not more than 30 days after the ending of such delay. The Contractor
shall provide a written report evaluating the impact of the delay which shall include, at a minimum,
all of the following:

1. a narrative description of the delay and its impact on the critical path to Substantial Completion of
the Work or a portion of the Work designated by City; 2. a detailed breakdown of the Allowable Costs, if any, sought by Contractor due to the delay;

3. the number of days of extension sought by Contractor as an adjustment to the Contract time; 4. a statement that Contractor has complied with the requirements of the General Conditions for
written notice of delays, along with the dates and copies of such notices; 5. the measures taken by Contractor and Subcontractors to prevent or minimize the delay; and

Page 31 of 117 ends

6. the Contactor’s recommendations for reordering or re-sequencing the Work to avoid or minimize
further delay.

No extension of time or compensation for damages resulting from delay will be granted unless the
delay affects the timely completion of the overall Work under the Contract or the timely completion
of a portion of the Work for which a time of completion is specified. G.

The Director will investigate the facts and ascertain the extent of the delay, and his/her findings
thereon shall be final and conclusive. Failure of the Contractor to give written notice of a delay, or to submit or document a claim for an
extension of time or for damages resulting from delay in the manner and within the times stated
above shall constitute a waiver of all claims thereto. I. When a Contractor experiences two concurrent delays, one compensable and the other excusable,
no compensation other than an extension of time will be allowed. J. An extension of time must be approved by the Director to be effective, but an extension of time
whether with or without consent of the sureties, shall not release the sureties from their obligations,

3.05 CLIMATIC which shall remain in full force until the discharge of the Contract.

CONDITIONS
A.

The Director may suspend the Work whenever weather conditions or conditions resulting from
inclement weather are unfavorable for the prosecution of the Work. The delay caused by such
suspension may entitle the Contractor to an extension of time but not to any other compensation.

If the Contractor believes that Work should be suspended under this Paragraph 3.05, he/she may
request such suspension. The delay caused by such suspension may entitle the Contractor to an
extension of time but not to any other compensation. No extension of time will be granted for suspension of Work unless the suspension affects the timely
completion of all Work under the Contract or the timely completion of a portion of the Work for which
a time of completion is specified. Determination that the suspension for inclement weather conditions
or conditions resulting from inclement weather affects timely completion and entitles the Contractor
to an extension of time shall be made and agreed to in writing by the Director and the Contractor on
each day that Work is suspended. In the event of failure to agree, the Contractor may protest under
the provisions of Paragraph 7.07.

D. If Work is suspended and an extension of time is granted under this Paragraph 3.05 the Contractor
will be entitled to a one day extension of time for each day that he/she is unable to Work at least
one-half of his/her current normal Work day; and if the Work is suspended at the regular starting time
on any Work day and the Contractor's Workforce is dismissed as a result thereof, then he/she will
be entitled to a one day extension of time whether or not conditions change thereafter and the major
portion of the day is suitable for Work.

3.06 COMPLETION AND

ACCEPTANCE
A. Upon request by the Contractor, the Director shall conduct a final inspection of the Work.

If, in the Director’s opinion, Final Completion has been achieved, the Director will accept the Work by issuing a
“Notice of Completion” of the Work to the Contractor. Upon the issuance of the Notice of Completion
the Contractor will be relieved from responsibility to protect the Work. B. Within 15 calendar days after issuing the Notice of Completion, the Director will record the Notice of

Page 32 of 117 ends

Completion with the County
Recorder.

LIQUIDATED DAMAGES

3.07 A. Contractor and City agree to liquidate damages in the amount of two hundred and fifty dollars ($250)
per day, with respect to Contractor’s failure to achieve Substantial Completion of the Work within the
Contract Time. The Parties intend for the liquidated damages set forth herein to apply to this Contract
as set forth in Government Code Section 53069.85. The Contractor acknowledges and agrees that the
liquidated damages are intended to compensate City solely for the Contractor’s failure to meet the
deadline for Substantial Completion and shall not excuse Contractor from liability from any other
breach, including any failure of the Work to conform to the requirements of the Contract Documents.

In the event that Contractor fails to achieve Substantial Completion of the Work within the Contract
Time, Contractor agrees to pay City the amount specified in the Contract form for each calendar day
that Substantial Completion is delayed. Contractor and City acknowledge and agree that the foregoing liquidated damages have been set
based on an evaluation of damages that the City will incur in the event of late completion of the Work.

Contractor and City acknowledge and agree that the amount of such damages are impossible to
ascertain as of the effective date hereof and have agreed to such liquidated damages to fix City’s
damages and to avoid later disputes. It is understood and agreed by Contractor that liquidated
damages payable pursuant to this Agreement are not a penalty and that such amount are not manifestly
unreasonable under the circumstances existing as of the effective date of this Agreement.

D. It is further mutually agreed that City shall have the right to deduct liquidated damages against progress
payments or retainage and that the City will issue a Construction Change Directive and reduce the
Contract Sum accordingly. In the event the remaining unpaid Contract Sum is insufficient to cover the
full amount of liquidated damages. Contractor shall pay the difference to City. [END OF
ARTICLE]

Page 33 of 117 ends

ARTICLE 4 - CONSTRUCTION SCHEDULES

4.01 BASELINE PROJECT

SCHEDULE
The Contractor shall submit his/her work Baseline Project Schedule, in electronic as well as hardcopy format, to the Director at the pre-construction meeting showing in detail how the Contractor plans to execute and
coordinate the Work. The construction schedule shall show the sequence of work, critical path and estimated
time for completion of each segment of work. This schedule must be reviewed and accepted by the Director
before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed schedule
forecasting two (2) weeks of work describing each day’s work. This schedule shall be updated and submitted to
the City every other Monday during the construction period. The Contractor shall give 48 hours notice to the City
Engineer prior to the start of the work.

A. Format

1. At a minimum, the Baseline Project Schedule activities shall be coded on a work discipline basis
and by geographic area or location on the Project. The Baseline Project Schedule shall include a
detailed description of each activity code. The Baseline Project Schedule shall be based on and
incorporate contract milestone and completion dates specified in the Contract Documents.

It shall
depict events, jobs, and their interrelationships and shall recognize the progress that must be made
on one task before subsequent tasks can begin. The schedule shall be comprehensive and shall
include all logical interdependencies and interactions required to perform the Work of the Project.

2. Overall time of completion and time of completion for each milestone shown on the Schedule shall
adhere to the specified Contract Time, unless an earlier (advanced) time of completion is

3. Contractor shall use the latest version of Microsoft Project or equivalent software requested by Contractor, agreed to by the City and formalized by Change Order. agreed to by
the parties.

4. The City will review the submitted Baseline Project Schedule for conformance with these
scheduling requirements. Within fourteen (14) calendar days after receipt, the City will accept the
proposed Baseline Project Schedule or will return it with comments. If the proposed Baseline
Project Schedule is accepted by the City, it shall be deemed part of the Contract Documents. If
the Baseline Project Schedule is not accepted by City, Contractor shall revise the Baseline Project
Schedule, in accordance with the recommendations of the City, and re-submit same for
acceptance, no later than seven (7) calendar days after receipt of said recommendation.

5. Acceptance of Baseline Project Schedule by City, failure to include an element of work, or
inaccuracy in Baseline Project Schedule shall not relieve Contractor from the responsibility for
B. Floataccomplishing the Work in accordance with the Contract Documents.

1. Critical Work activities are defined as Work activities which, if delayed or extended, will delay the
scheduled completion of the milestones and/or time of completion. All other Work activities are
defined as non-critical Work activities and are considered to have float. Float is defined as the
time that a non-critical Work activity can be delayed or extended without delaying the scheduled
completion of the milestones and/or time of completion. Float is considered a Project resource
available to either party or both parties as needed. Once identified, Contractor shall monitor,
account for, and maintain float in accordance with Critical Path Methodology.

Page 34 of 117 ends

2. Delays of any non-critical Work shall not be the basis for an extension of Contract Time until the
delays consume all float associated with that non-critical Work activity and cause the Work activity

3. It is acknowledged that City-caused time savings (i.e., critical path submittal reviews to become critical. returned in
less time than allowed by the Contract Documents, approval of substitution requests which result
in a savings of time for Contractor, etc.) create shared float. Accordingly, City-caused delays may
be offset by City-caused time savings.

C. Weather (This section applies only to projects of one (1) year duration or longer)
The completion time contemplated by this Contract anticipates zero lost days (Work Days) due to
normal weather conditions annually and prorated for any duration less than twelve months. Only
unusual or extreme weather conditions, as determined by the National Oceanic and Atmospheric
Administration, for the time of year will be considered as justification for an extension of time to complete
the Project, and only after the zero weather days have been utilized. Annual weather days are not
cumulative, and unused days shall become “float” for the benefit of the project, and the schedule
adjusted accordingly. The use of weather days by the Contractor shall be subject to all the conditions
of claim for an extension of time. The Contractor shall notify the City in writing within ten (10) days of
the commencement of each rain event.

D. Early Completion
While the Contractor may schedule completion of the Project earlier than the date established by the Contract Documents, no additional compensation shall become due the Contractor for the use of float
time between the Contractor’s projected early completion date and the date for Substantial Completion
established by the Contract Documents, unless an earlier (advanced) time of completion is requested
by Contractor, agreed to by the City, and formalized by Change Order.

4.02 SCHEDULE

UPDATES
A. With each Application for Payment submitted by Contractor (other than the final Application for
Payment), the Contractor shall submit to the City an updated Project Schedule revised to indicate the
Work completed, status of Work in progress, all progress slippages, corrective actions taken, or
slippage carry-over, for all anticipated delays or difficulties, and all other information required to
accurately present the actual status of the progress of the Work as of the date of the Application for
Payment. If the Contractor does not submit an updated Project Schedule with an Application for
Payment, City may withhold payment, in whole or in part, until the updated Project Schedule is
submitted. In the event that an update to the Project Schedule indicates a delay to the Contract Time
the Contractor shall propose an affirmative plan to correct each such delay, including overtime and/or
additional labor, if necessary. In no event shall any Project Schedule update constitute an adjustment
in the Contract Time, any deadline, or the Contract Sum unless any such adjustment is agreed to by
the City and authorized pursuant to Change Order or Work Directive.

At no time shall historical data contained within the updated Project Schedule (i.e. completed activities)
be removed and/or altered in any way. This historical data is to be preserved within each of the updated
Project Schedules and submitted with the final schedule update to reflect the actual start and finish
dates for each activity within the Schedule.

Any work stoppages within individual work activities that exceed seven (7) calendar days in duration
shall be clearly indicated within the updated Project Schedule. In cases where unplanned activity work

Page 35 of 117 ends

stoppages exceed seven (7) calendar days activities shall be added to the Project Schedule to clearly
indicate the work stoppage period and identify forecasted resumption and completion of the activity
where work has stopped. Contractor shall clearly note all schedule revisions when Project Schedule
updates are submitted, as required in this Paragraph 4.02 above.

4.03 NONCOMPENSABLE EXTRAORDINARY

MEASURES
A. Should the City determine, in its sole judgment, that the performance of the Work has not progressed
to the level of completion required by the Contract Documents, City shall have the right to order the
Contractor to take corrective measures to expedite the progress of construction, at no additional cost
to the City, including, without limitation, the following:

1. Working additional shifts of
overtime.

2. Supplying additional manpower, equipment, and/or facilities.

3. Reschedule activities to maximize practical concurrence of accomplishment of activities.

4. Submitting a Recovery Schedule discussed above, for resequencing performance of the Work or
other similar measures.

5. Any other actions that may be necessary to mitigate
delays.

B. Such Extraordinary Measures shall continue until the progress of the Work is no longer behind schedule
and/or reaches the stage of completion required by the Contract Documents. Contractor shall not be
entitled to an adjustment in the Contract Sum in connection with the performance of any such
Extraordinary Measures required by the City under this Paragraph. The City may exercise the rights
furnished the City pursuant to this Paragraph as frequently as the City deems necessary to ensure that
the Contractor’s performance of the Work will comply with the Contract Time or interim completion
dates set forth in the Contract Documents. If Contractor or its Subcontractors fail to implement or
commence Extraordinary Measures within ten (10) calendar days of City’s written demand, City may,
without prejudice to other remedies, take corrective action at the expense of the Contractor which shall
reduce the Contract Sum accordingly.

4.04 CONDITION OF

PAYMENT
Compliance by Contractor with the requirements of the Contract Documents pertaining to preparation,
submission, revising and updating of the Schedule is a condition precedent to City’s obligation to make payment
to Contractor of any or all sums that might otherwise be due to Contractor in the absence of such noncompliance.

Payment by City under circumstances in which City, for any reason, fails or elects not to assert its right to withhold
payment for noncompliance with this Paragraph shall not be construed as a waiver of the right to withhold future
payments on account of such noncompliance or any other noncompliance. [END OF
ARTICLE]

Page 36 of 117 ends

ARTICLE 5 - SUSPENSION OR TERMINATION OF CONTRACT

5.01 TERMINATION BY THE

CONTRACTOR
A. Contractor shall have the right to terminate its performance of the Contract only upon the occurrence
of one of the following:

1. The Work is stopped for a period of ninety (90) consecutive days through no act or fault of the
Contractor, any Subcontractor, Sub-subcontractor, their agents or employees, or any other
persons or entities performing portions of the Work under direct or indirect contract with the
Contractor, due to:
a.
b.
the issuance of an order of a court or other public authority having jurisdiction; or
an act of government, such as a declaration of national emergency making material
unavailable;
and Contractor has given City written notice within ten (10) days of the occurrence of such ground
for termination, then the Contractor may, upon thirty (30) additional calendar days written notice to

2. The Work is stopped for a period of 120 consecutive days through no act or fault of City, unless the reason has theretofore been cured, terminate its performance of the Work.

Contractor,
any Subcontractor, Sub-subcontractor, their agents or employees, or any other persons or entities
performing portions of the Work under direct or indirect contract with the Contractor, because the
City has persistently failed to perform any material obligation under the Contract Documents and
fails to cure such default within ninety (90) days after the receipt of notice from Contractor stating
the nature of such default.

B. If Contractor terminates its performance of the Contract in accordance with this Paragraph

5.01, the
City shall pay Contractor for the Work executed through the date of termination as set forth in Paragraph

5.02 TERMINATION BY THE CITY FOR 5.04-C below.

CAUSE
A. Grounds
The City shall have the right to terminate the Contractor’s performance of the Contract, in whole or in
part, without liability to City if:

1. Contractor fails promptly to begin the Work under the Contract Documents; or

2. Contractor refuses or fails to supply enough properly skilled workers or proper materials; or

3. Contractor fails to perform the Work in accordance with the Contract Documents, including
conforming to applicable standards set forth therein in constructing the Project, or refuses to

4. Contractor discontinues the prosecution of the Work (exclusive of work stoppage: (a) remove and replace rejected materials or unacceptable Work; or due to
termination by City; or (b) due to and during the continuance of a Force Majeure event or
suspension by City); or

Page 37 of 117 ends

5. Contractor fails to resume performance of Work which has been suspended or stopped, within a
reasonable time after receipt of notice from City to do so or (if applicable) after cessation of the

6. Any representation or warranty made by Contractor in the Contract Documents or any event preventing performance; or certificate,
schedule, instrument, or other document delivered by Contractor pursuant to the Contract

7. Contractor fails to make payment to Subcontractors or Material Suppliers for materials or Documents shall have been false or materially misleading when made; or labor in
accordance with the respective Contract Documents and applicable law; or

8. Contractor disregards laws, ordinances, or rules, regulations, or orders of a public authority having
jurisdiction; or

9. Contractor is guilty of breach of a provision of the Contract Documents; or

10. Contractor becomes insolvent, is adjudicated bankrupt, or makes a general assignment for the
benefit of creditors and fails to provide City with adequate assurances of Contractor’s ability to
A receiver, trustee, or other judicial officer shall not have any right, title, or interest in or to the satisfy its contractual obligations.

Contract.

Upon that person’s appointment, City has, at its option and sole discretion, the right to immediately
B. cancel the Contract and declare it null and void. City’s Rights.

When any of the reasons specified in Paragraph 5.02-A exist, the City may, in addition to and without
prejudice to any other rights or remedies of the City, and after giving the Contractor five (5) calendar
days written notice, terminate Contractor’s performance of the Work, in whole or in part, and may:

1. Take possession of the site and all materials, equipment, tools, construction equipment, and
machinery thereon owned by the Contractor;

2. Withhold from Contractor amounts unpaid hereunder and to offset such amounts against damages
or losses incurred by City;

3. Accept assignment of subcontracts from Contractor, at the sole discretion of City, and

4. Finish the Work by whatever reasonable method the City may deem expedient.

Upon request of the Contractor, the City shall furnish to the Contractor a detailed accounting of the
costs incurred by the City in finishing the Work.

Costs
If City’s costs to complete and damages incurred due to Contractor’s default exceed the unpaid
Contract balance, the Contractor shall pay the difference to the City.

Wrongful
Termination
If it has been adjudicated or otherwise determined that City has wrongfully terminated the Contractor

Page 38 of 117 ends

for cause, then said termination shall be deemed converted to a termination for convenience as set
forth in Paragraph 5.04 and Contractor’s remedy for wrongful termination in such event shall be limited
to the recovery of the payments permitted for termination for convenience as set forth in Paragraph

5.04. 5.03 PARTIAL DELETION OR SUSPENSION OF WORK BY

THE CITY
A. Contractor agrees that the City may determine whether any or all of the Work described in the Contract
Documents shall be deleted or performance suspended without electing to terminate the Contractor’s
B. performance under the Contract and without any penalty being incurred by the City. Any such partial deletion or suspension of the Work shall in no way void or invalidate the Contract nor
shall it provide Contractor with any basis for seeking payment from City for Work deleted or suspended
except to the extent such Work has already been performed and is otherwise compensable under the
Contract.

The City shall have the right to later have any such suspended or deleted Work performed by Contractor
or others without any penalty to the City.

In the event of any partial or complete deletion or suspension of Work, the City shall furnish Contractor
with prompt written notice thereof, and the City shall be entitled to take possession of and have as its
property all Record Documents, Accounting Records, and other data prepared by Contractor or its
Subcontractors.

E. Suspension for Convenience.

1. The City may at any time and from time to time, without cause, order the Contractor, in writing, to
suspend, delay, or interrupt the Work in whole or in part for such period of time as the City may
determine. Such order shall be specifically identified as a “Work Suspension Directive” under this
Section.

2. Upon receipt of a Work Suspension Directive, Contractor shall, at the City’s expense, comply with
its terms and take all reasonable steps to minimize costs allocable to the Work covered by the

3. Within the period of suspension, or such extension to that period as is agreed upon by Work Suspension Directive during the period of Work stoppage.

Contractor
and the City, the City shall either cancel the Work Suspension Directive or delete the Work covered
by such Work Suspension Directive by issuing a Change Order or Construction Change Directive.

4. If a Work Suspension Directive is cancelled or expires, Contractor shall continue the Work. A
Change Order or Construction Change Directive will be issued to cover any adjustments of the
Contract Sum and Contract Time necessarily caused by such suspension. No adjustment shall be
made to the extent:
(a) That performance is, was, or would have been so suspended, delayed, or interrupted by
another cause for which the Contractor is responsible; or (b) That an equitable adjustment is made or denied under another provision of the Contract.

F. Suspensions for Cause
City has the authority by written order to suspend the Work, in whole or in part, without liability to City

Page 39 of 117 ends

for Contractor’s failure
to:

1. Correct conditions unsafe for the Project personnel or general public, or

2. Carry out the Contract; or

3. Carry out orders of
City.

G. Responsibilities of Contractor During Suspension
Periods
During periods that Work is suspended, Contractor shall continue to be responsible for the Work and
shall prevent damage or injury to the Project, provide for drainage, and shall erect necessary temporary
structures, signs or other facilities required to maintain the Project and continue to perform according
to the Contract Documents.

5.04 TERMINATION BY THE CITY FOR

CONVENIENCE
A. Grounds
Without limiting any rights which City may have by reason of any default by Contractor hereunder, City
may terminate Contractor’s performance of the Contract, in whole or in part, at any time, for
B. convenience upon fifteen (15) calendar days written notice to Contractor. Contractor Actions Upon receipt of such notice, Contractor shall perform the duties required by Paragraph 5.05 below.

At the election of and as directed by the City, any or all of the subcontracts and purchase orders
entered in to by Contractor prior to the effective date of termination shall be terminated or shall be
assigned to City.

C. Compensation

1. If the Parties are unable to agree on the amount of a termination settlement, the City shall pay
the Contractor the following amounts:
a. For Work performed before the effective date of termination, the total (without duplication of
any items) of:
i. The cost of the Work;
and
ii. A sum, as overhead and profit on the cost of the Work, determined by the City to be
fair and reasonable. In no event shall Contractor be entitled to recover overhead or
b. The reasonable costs of settlement of the Work terminated, profit on Work not performed. including:
i. Accounting, clerical, and other expenses reasonably necessary for the preparation
of termination settlement proposals and supporting data, if any; and ii. Storage, transportation, and other costs reasonably necessary for the preservation,
protection, or disposition of inventory.

Page 40 of 117 ends

2. Such payment shall be Contractor’s exclusive remedy for termination for convenience and will be
due and payable on the same conditions as set forth for final payment to the extent applicable.

Upon receipt of such payment, the Contractor and City shall have no further obligations to each
other except for Contractor’s obligations with respect to warranties, representations, indemnity,
maintenance of insurance, and other obligations that survive termination or Final Completion as
provided for herein.

3. It is understood and agreed that no fee, anticipated profit, compensation for lost opportunity costs,
or other compensation or payment of any kind or character shall be due or payable for unperformed
Work regardless of the basis of termination and the inclusion of this provision within this
subparagraph shall in no way limit its application to termination under this Paragraph.

4. Contractor agrees that each of its subcontracts will reserve for the Contractor the same right of
termination for convenience provided by this Paragraph 5.04.

D. No Consequential Damages
Under no circumstances shall Contractor be entitled to anticipatory or unearned profits or consequential
or other damages as a result of a termination or partial termination under this Article 5. The payment
to Contractor determined in accordance with this Article constitutes Contractor’s exclusive remedy for
a termination hereunder.

5.05 CONTRACTOR’S DUTIES UPON TERMINATION FOR CAUSE OR

CONVENIENCE
If the City terminates Contractor’s performance of Work under the Contract, for cause or convenience or if
Contractor terminates a Subcontractor with the City’s approval, Contractor shall:
(1) cease performance of the Work to the extent specified in the notice;
(2) take actions necessary or that the City may direct, for the protection and preservation of the Work;
(3) settle outstanding liabilities, as directed by City; (4) transfer title and deliver to City Work in progress, specialized equipment necessary to perform the Work;
(5) submit all Record Documents, Accounting Records and other data prepared pursuant to the Contract by
Contractor and/or its Subcontractors, as applicable, to the City with fifteen (15) calendar days after the City’s
notice of termination in an organized, usable form, in both hard copy and electronic/digital form, with all items
properly labeled to the degree of detail specified by the City; and, (6) except for Work directed by City to be performed prior to the effective date of termination stated in the notice,
incur no further costs or expenses and enter into no further subcontracts and purchase orders.

No compensation shall be due Contractor, if any, until Contractor complies with the requirements of this
Paragraph.
[END OF
ARTICLE]

Page 41 of 117 ends

ARTICLE 6 – CHANGES

6.01 6.02

CITY'S RIGHT TO ORDER

CHANGES
The City, without invalidating the Contract, may authorize changes in the Work consisting of additions,
deletions, or other revisions, with the Contract Sum and Contract Time being adjusted accordingly, if
necessary. All such changes in the Work shall be authorized by Change Order or Construction Change
Directive and Contractor shall perform such changes in the Work according to the applicable requirements
of the Contract Documents.

APPLICABLE

PROVISIONS
Changes in the Work shall be performed under applicable provisions of the Contract Documents. The
Contractor shall proceed promptly and diligently with the change, unless otherwise provided in the Change
Order or Construction Change Directive. It is of the essence to this Contract that all scope changes in the
Work that form the basis of an adjustment of the Contract Sum or Contract Time must be authorized in
advance in writing through either a Change Order or Construction Change Directive. A change in the Contract
Sum or the Contract Time shall be accomplished only by Change Order or Construction Change Directive.

Accordingly, no verbal directions, course of conduct or dealings between the Parties, express or implied
acceptance of alterations or additions to the Work, or claim that the Contract has been abandoned or the City
has been unjustly enriched by any alteration or addition to the Work shall be the basis of any claim for an
increase in any amounts due under the Contract Documents or a change in any time period provided in the
Contract Documents.

6.03 NOTICE OF SCOPE
CHANGE
Contractor shall submit written notice of any change in scope to the Director if, in the Contractor’s opinion,
any instruction, request, Drawings, Specifications, action, condition, omission, default, or other situation
occurs that the Contractor believes constitutes a scope change or other matter resulting in Extra Work, for
which Contractor believes it is entitled to an adjustment of the Contract Sum or Contract Time.

Such notice
shall be provided prior to performance of the Work affected by such occurrence and within seven (7) calendar
days after the discovery date of the circumstances of such scope change or other matters. The written notice
shall state the date, circumstances, extent of adjustment to the Contact Sum or the Contract Time, if any,
requested. The mere presentation of such notice shall not establish the existence of any right by Contractor
to adjustment of the Contract Sum or Contract Time. Failure to provide such timely written notice described
herein shall constitute a waiver by Contractor of the right to any adjustment to the Contract Sum or Contract
Time on account thereof.

6.04 CHANGE
ORDERS
A. Computation
Methods used in determining adjustments to the Contract Sum by Change Order may include those
listed in Paragraph 6.06 below.

B. Accord and Satisfaction
Agreement on any Change Order shall be a full compromise and settlement of all adjustments to
Contract Time and Contract Sum, and compensation for any and all delay, extended or additional
field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment
productivity, differing Site conditions, construction interferences and other extraordinary or Page 42 of 117 consequential damages (hereinafter called "Impacts"), including any ripple or cumulative effects of
said Impacts on the overall Work under the Contract arising directly or indirectly from the
performance of Work described in the Change Order. By execution of any Change Order, Contractor
agrees that the Change Order constitutes a complete accord and satisfaction with respect to all
claims for schedule extension, Impacts, or any costs of whatever nature, character or kind arising
out of or incidental to the Change Order. No action, conduct, omission, product failure or course of
dealing by the City shall act to waive, modify, change, or alter the requirement that (i) Change Order's
must be in writing, signed by the City and Contractor and; (ii) that such written Change Orders are
the exclusive method for effectuating any change to the Contract Sum and/or Contract Time.

6.05 CONSTRUCTION CHANGE DIRECTIVE (FIELD

DIRECTIVE)
A. A Construction Change Directive shall be used in the absence of total agreement on the terms of a
Change Order. The City may by Construction Change Directive, without invalidating the Contract,
order changes in the Work within the general scope of the Contract consisting of additions, deletion,
or other revisions, the Contract Sum and Contract Time being adjusted accordingly.

If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment
shall be calculated in accordance with Paragraph 6.06 herein (Pricing Changes in the Work).

Upon receipt of the Construction Change Directive, the Contractor shall promptly proceed with the
change in the Work involved and advise the City of the Contractor’s agreement or disagreement with
the method, if any, provided in the Construction Change Directive, for determining the proposed
adjustment in the Contract Sum or Contract Time.

D. If Contractor believes a Construction Change Directive constitutes a basis for adjustment to the
Contract Sum or Contract Time, then Contractor shall give a Notice of Scope Change provided in
Paragraph 6.03, followed by a submission of a Change Order Request as required by Paragraph

6.08. Contractor shall, if requested by City in such Construction Change Directive or in a subsequent
Construction Change Directive, proceed with the performance of the Work as described in the
Construction Change Directive. Failure of Contractor to proceed with the performance of Work, as
described in the Construction Change Directive shall give the City the right to carry out the Work, as
set forth in Paragraph 2.05.

A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement
therewith, including adjustment in Contract Sum and Contract Time or the method for determining
them. Such agreement shall be effective immediately and shall be recorded as a Change Order.

If the Contractor does not respond promptly or disagrees with the method for adjustment in the
Contract Sum, the method and the adjustment shall be determined by the City on the basis of
reasonable expenditures and savings of those performing the Work attributable to the change,
including, in the case of an increase in the Contract Sum, Allowable Mark-Ups in accordance with
Paragraph 6.06(E) herein.

6.06 PRICING CHANGES IN THE
WORK
A. Alternative Methods of
Pricing
The amount of any adjustment by Change Order or Construction Change Directive increasing or
decreasing the Contract Sum shall be determined by the Director using one or a combination of the
following methods:

Page 43 of 117 ends

Vernon City CouncilJanuary 16, 2024

Vernon City Council
January 16, 2024