Agenda packet — Vernon City Council, April 2, 2024 (part 2 of 4)

lN WTNESS WHEREOF, the parties have executed this Amendment as of the date stated in the introductory clause.

City of Vemon, a California Charter City and
California municipal corporation
CARLOS FANDINO, City Administrator
ATTEST:

YONNIE PARKER, Deputy City Clerk
APPROVED AS TO FORM:

ZAYNAH N. MOUSSA, City Attorney
Hill Brothers Chemical Company,
a
California corporation
By:

Name:

Title:

By
Name: 4Vorta-1 {l Jlon-s
Title: (-h<1.Pv./n / c€o
?".c,aollLEO
i /,,
..

Item 11 Page 4 of 4
City Council Agenda Report
Meeting Date: April 2, 2024
From: Todd Dusenberry, General Manager of Public Utilities Department: Public Utilities
Submitted by: Adriana Ramos, Management Analyst
Subject
Amendment No. 1 to Labor and Materials Contract with Matheson Tri-Gas, Inc.

Recommendation
Approve and authorize the City Administrator to execute Amendment No. 1 to the Labor and Materials Contract with Matheson Tri-Gas, Inc., in substantially the same form as submitted, to increase the contract by an additional $90,000.

Background
The Malburg Generating Station (MGS) is a 139-Megawatt (MW) 2x1 combined cycle generating station comprised of two Siemens SGT-800 Combustion Turbines. MGS requires various specialty gases for its daily operations. To comply with Environmental Protection Agency (EPA) rules and regulations, MGS uses a Continuous Emission Monitoring System (CEMS) to monitor and record emissions data from the power plant. Calibration gas, a type of specialty gas, is essential for the operation of the CEMS. These gases are carefully selected to meet strict guidelines and serve as a known source for the calibration of the CEMS, ensuring compliance with EPA regulations. Vernon Public Utilities (VPU) must procure the necessary calibration gases to operate within the permitted regulations.

Accordingly, following a Request for Bids (RFB) process, on September 15, 2022, the City Administrator approved a Labor and Materials Contract with Matheson Tri-Gas, Inc. (Matheson Tri-Gas) for the purchase of specialty gases in the amount of $80,000 for a term of three years.

Initial estimates on the required supply of specialty gases were based on the MGS operating plant profile at that time (a 2x1 (70MW) operation, primarily consisting of CEMS calibration gases). Since then, staff determined that a more optimal operating plant profile could be realized and scheduled the plant for 1x1 (35MW) operation, meaning only one gas turbine would be online with one steam turbine. Due to the optimization of the MGS operating profile, nitrogen usage significantly increased, as it is necessary to cover the unit with a nitrogen blanket to prevent corrosion of the boiler metals. Nitrogen was not required previously when operating in a 2x1 configuration.

Based on the projected volume through the end of the contract term, staff recommends the City Council approve the proposed Amendment No. 1 to increase the not-to-exceed amount by $90,000, bringing the total contract amount to $170,000. Pursuant to Vernon Municipal Code Section 3.32.030(B), City Council approval is required for the proposed amendment as the total value of the contract exceeds $100,000.

Amendment No. 1 has been reviewed and approved as to form by the City Attorney's Office.

Fiscal Impact
The fiscal impact is not-to-exceed $90,000 and the contract total not-to-exceed $170,000.

Sufficient funds are available in the Electric Fund, Malburg Generation Station, Repairs & Maintenance Account No. 055-050-586-529000 in the current fiscal year and will be budgeted in subsequent years. ..

Item 12 Page 1 of 4
Attachments

1. Amendment No. 1 - Matheson Tri-Gas, Inc. ..

Item 12 Page 2 of 4
AMENDMENT NO.
1 TO THE LABOR AND MATERIALS CONTRACT BETWEEN THE
CITY OF VERNON AND MATHESON TRI-GAS, INC. FOR THE PURCHASE OF

SPECIALTY GASES
This Amendment No. 1 (Amendment) to the Contract for the purchase of specialty gases dated September 15, 2022, (Agreement), is made as of April 2, 2024, by and between the City of Vernon, a California charter city and municipal corporation (City), and Matheson Tri-Gas, Inc.,(Contractor),a Delaware corporation.

The City and Contractor agree as follows:

RECITALS
A.The City and Contractor are parties to a written Agreement dated September 15, 2022, under which Contractor provides specialty gases.

B.The City and Contractor desire to amend the Agreement to increase the total not to exceed amount by an additional $90,000.

NOW, THEREFORE, the parties to this Amendment agree as follows:

1. Effective as of April 2, 2024, the total amount not to exceed for the period of September 15, 2022 through September 14, 2025 shall not exceed a total amount of $170,000. 2. Except as expressly modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. 3. The provisions of this Amendment shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment. 4. The person or persons executing this Amendment on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.
[Signatures Begin on Next Page].
..

Item 12 Page 3 of 4
Matheson Tri-Gas. lnc.

Amendment No.
1

Page 2 of 2 ends

lN WITNESS WHEREOF, the pa{ties heve executed this Amendment as of the date stated in the introductory clause.

City of Vemon, a Califomia Charter Gity and
Califomia municipal corporation
CARLOS FANDINO, City Administrator
ATTEST:

YONNIE PARKER, Deputy City Clerk
APPROVED AS TO FORM:

ZAYNAH N. MOUSSA, City Attomey
Matheson Trr-Gas, lnc. a Delaware
corporation
By:

Name:

TiUe:
a
t:-
By:

Name: Charles mons
Ti e. Vice President Specialtv Gas Sales I )
..

Item 12 Page 4 of 4
City Council Agenda Report
Meeting Date: April 2, 2024
From: Jessica Alcaraz, Financial Services Administrator Department: Finance
Submitted by: John Lau, Accountant
Subject
Operating Account Warrant Register
Recommendation
Approve Operating Account Warrant Register No. 127, for the period of February 18 through March 2, 2024, totaling $9,844,833.40 and consisting of ratification of electronic payments totaling $9,763,826.12 and ratification of the issuance of early checks totaling $81,007.28.

Background
Vernon Municipal Code Section 2.32.060 indicates the City Treasurer, or an authorized designee, shall prepare warrants covering claims or demands against the City which are to be presented to City Council for its audit and approval.

Pursuant to the aforementioned code section, the Deputy City Treasurer has prepared Operating Account Warrant Register No. 127 covering claims and demands presented during the period of February 18 through March 2, 2024, drawn, or to be drawn, from East West Bank for City Council approval.

Fiscal Impact
The fiscal impact of approving Operating Account Warrant Register No. 127, totals $9,844,833.40. The Finance Department has determined that sufficient funds to pay such claims/demands, are available in the respective accounts referenced on Operating Account Warrant Register No. 127.

Attachments

1. Operating Account Warrant Register No. 127 ..

Item 13 Page 1 of 32

STAFF REPORT

FINANCE/TREASURY DEPARTMENT
DATE: March 26, 2024
TO: Honorable Mayor and City Council
FROM: Joaquin Leon, Deputy City Treasurer
RE: Operating Account Warrant Register for City Council Agenda of April 02, 2024

It is recommended that the attached Operating Account Warrant Register No. 127 be approved at the City Council meeting of April 02, 2024.

Operating Account Warrant Register No. 127 totals $9,844,833.40, and covers claims and demands presented for February 18, 2024 to March 02, 2024, drawn or to be drawn, from East West Bank.

The following list details the components of Operating Account Warrant Register No. 127:

1. Ratification of electronic payments totaling $9,763,826.12.

2. Ratification of the issuance of early checks totaling $81,007.28. ..

Item 13 Page 2 of 32

OPERATING ACCOUNT WARRANT REGISTER
City of Vernon
No. 127

I hereby Certify: that claims or demands covered by the This is to certify that the claims or demands above listed warrants have been audited as to accuracy covered by the above listed warrants have been and availability of funds for payments thereof; and that audited by the City Council of the City of Vernon said claims or demands are accurate and that funds are and that all of said warrants are approved for payavailable for payments thereof. ments except Warrant Numbers:

Joaquin Leon DATE
Deputy City Treasurer
DATE
Date:

Page 1 of 1 ends

Item 13 Page 3 of 32
81,007.28
2/22/2024 1,267.88
Invoice Description Account PO or Contract Line Item Amount 248955 COMPOSTING SIGNS FOR VERNON

VILLAGE
011-695-200-523025- 240316 1,267.88
Invoice Total: 1,267.88
2/22/2024 2,594.00
Invoice Description Account PO or Contract Line Item Amount SO149216 AWWA MEMBERSHIP DUES 05/01/24 -
04/30/25
058-070-700-529550 2,594.00
Invoice Total: 2,594.00
2/22/2024 900.00
Invoice Description Account PO or Contract Line Item Amount 3278 SUBSCRIPTION SCHEDULING SERVICES 011-010-110-522010 900.00 Invoice Total: 900.00
2/22/2024 150.00
Invoice Description Account PO or Contract Line Item Amount 020124 SEWC STIPEND ATTENDANCE MEETING
02/01/24
095-095-905-705050- 150.00
Invoice Total: 150.00
2/22/2024 150.00
Invoice Description Account PO or Contract Line Item Amount 020124 SEWC STIPEND ATTENDANCE MEETING
02/01/24
095-095-905-705050- 150.00
Invoice Total: 150.00
2/22/2024 3,275.00
Invoice Description Account PO or Contract Line Item Amount EARLY CHECKS TOTAL:

VENDOR - 5550 - ADART COMPANY PAYMENT # 612411
VENDOR - 51 - AMERICAN WATER WORKS ASSOCIATION PAYMENT # 612412

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
VENDOR - 7371 - AMOBIUS GROUP, INC PAYMENT # 612413
VENDOR - 7526 - ANA VALENCIA PAYMENT # 612414
VENDOR - 7449 - ANDREW C. LARA PAYMENT # 612415
VENDOR - 352 - BENITO ROBERTO PEREZ PAYMENT # 612416

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Item 13 Page 4 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
33388 LOCK & KEY SERVICE 011-040-415-529000 20240153 3,275.00 Invoice Total: 3,275.00
2/22/2024 581.20
Invoice Description Account PO or Contract Line Item Amount 3028673 CODE #3 LIGHTS 011-040-420-522000 240336 490.90 3028673 CODE #3 LIGHTS 011-040-420-529000 240336 90.30
Invoice Total: 581.20
2/22/2024 100.00
Invoice Description Account PO or Contract Line Item Amount 3125 SHOOTING RANGE FEES 011-030-300-529220 240062 100.00 Invoice Total: 100.00
2/22/2024 1,177.27
Invoice Description Account PO or Contract Line Item Amount 40241 AUTO PARTS 011-040-420-522000 240016 482.25
Invoice Total: 482.25
40290 AUTO PARTS 011-040-420-522000 240016 109.57
Invoice Total: 109.57
41096 LOCK & KEY SERVICE 011-040-420-522000 240334 247.95 41096 LOCK & KEY SERVICE 011-040-420-529000 240334 337.50 Invoice Total: 585.45
2/22/2024 150.00
Invoice Description Account PO or Contract Line Item Amount 020124 SEWC STIPEND ATTENDANCE MEETING
02/01/24
095-095-905-705050- 150.00
Invoice Total: 150.00
2/22/2024 7,973.00
Invoice Description Account PO or Contract Line Item Amount VENDOR - 1752 - BENNETT-BOWEN & LIGHTHOUSE, INC PAYMENT # 612417 VENDOR - 446 - BURRO CANYON ENTERPRISE, INC. PAYMENT # 612418 VENDOR - 4163 - CENTRAL FORD AUTOMOTIVE, INC. PAYMENT # 612419 VENDOR - 7523 - CHUONG V. VO PAYMENT # 612420
VENDOR - 1108 - CITY OF BELL PAYMENT # 612421

Page 2 of 29 ends

Item 13 Page 5 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
202429 SHELTER BED AGREEMENT 10/23-12/23 011-010-160-529715 20240022 7,973.00 Invoice Total: 7,973.00
2/22/2024 32.00
Invoice Description Account PO or Contract Line Item Amount 021524 LIVE SCAN REIMBURSEMENT 011-010-120-529215 32.00 Invoice Total: 32.00
2/22/2024 2,173.32
Invoice Description Account PO or Contract Line Item Amount 032124 CATERING FOR SPRING COMMUNITY

OUTREACH EVENT
011-010-160-525000 2,173.32
Invoice Total: 2,173.32
2/22/2024 150.00
Invoice Description Account PO or Contract Line Item Amount 020124 SEWC STIPEND ATTENDANCE MEETING
02/01/24
095-095-905-705050- 150.00
Invoice Total: 150.00
2/22/2024 150.00
Invoice Description Account PO or Contract Line Item Amount 020124 SEWC STIPEND ATTENDANCE MEETING
02/01/24
095-095-905-705050- 150.00
Invoice Total: 150.00
2/22/2024 150.00
Invoice Description Account PO or Contract Line Item Amount 020124 SEWC STIPEND ATTENDANCE MEETING
02/01/24
095-095-905-705050- 150.00
Invoice Total: 150.00
2/22/2024 4,324.82
VENDOR - 7758 - GISELLE A. CHAVEZ PAYMENT # 612422
VENDOR - 6403 - HABIT RESTAURANTS, LLC PAYMENT # 612423 VENDOR - 7522 - KEVIN OMAR LAINEZ PAYMENT # 612424
VENDOR - 7450 - MARIA DEL PILAR AVALOS PAYMENT # 612425 VENDOR - 7448 - MARIA ISABEL AGUAYO PAYMENT # 612426
VENDOR - 3231 - MARX BROS FIRE EXTINGUISHER CO INC PAYMENT # 612427

Page 3 of 29 ends

Item 13 Page 6 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
Invoice Description Account PO or Contract Line Item Amount P65140 ANNUAL FIRE EXTINGUISHER

MAINTENANCE
011-040-415-529000 20240149 4,324.82
Invoice Total: 4,324.82
2/22/2024 517.87
Invoice Description Account PO or Contract Line Item Amount 219380 AUTO PARTS 011-040-420-522000 240014 517.87
Invoice Total: 517.87
2/22/2024 150.00
Invoice Description Account PO or Contract Line Item Amount 020124 SEWC STIPEND ATTENDANCE MEETING
02/01/24
095-095-905-705050- 150.00
Invoice Total: 150.00
2/22/2024 407.45
Invoice Description Account PO or Contract Line Item Amount S1291362001 PARTS & SUPPLIES 011-040-415-522000 240056 229.21 Invoice Total: 229.21
S1291990001 PARTS & SUPPLIES 011-040-415-522000 240056 178.24 Invoice Total: 178.24
2/22/2024 1,082.27
Invoice Description Account PO or Contract Line Item Amount 9115 NEW TIRES 011-040-420-522000 240013 872.27
9115 NEW TIRES 011-040-420-529000 240013 210.00
Invoice Total: 1,082.27
2/22/2024 555.00
Invoice Description Account PO or Contract Line Item Amount 9357 DISABILITY COMPLIANCE CONSULTING 011-010-120-529215 250.00 Invoice Total: 250.00
VENDOR - 309 - NAPA AUTO PARTS PAYMENT # 612428
VENDOR - 7451 - OCTAVIO C. MARTINEZ PAYMENT # 612429
VENDOR - 1943 - PLUMBING & INDUSTRIAL SUPPLY PAYMENT # 612430 VENDOR - 3908 - RAFAEL A. LOPEZ PAYMENT # 612431
VENDOR - 6018 - SHAW HR CONSULTING PAYMENT # 612432

Page 4 of 29 ends

Item 13 Page 7 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
9594 DISABILITY COMPLIANCE CONSULTING 011-010-120-529215 100.00 Invoice Total: 100.00
9800 DISABILITY COMPLIANCE CONSULTING 011-010-120-529215 205.00 Invoice Total: 205.00
2/22/2024 170.00
Invoice Description Account PO or Contract Line Item Amount 75454 Blanket Purchase Order FY 2024 for Cal Frame 011-040-420-529000 240008 170.00 Invoice Total: 170.00
2/22/2024 6,325.29
Invoice Description Account PO or Contract Line Item Amount 52199369 ANNUAL VAPOR MONITORING AND

SAMPLING
011-020-200-529225 HD-0045 6,325.29
Invoice Total: 6,325.29
2/22/2024 150.00
Invoice Description Account PO or Contract Line Item Amount 020124 SEWC STIPEND ATTENDANCE MEETING
02/01/24
095-095-905-705050- 150.00
Invoice Total: 150.00
2/22/2024 1,190.00
Invoice Description Account PO or Contract Line Item Amount 17997 CAR WASH SERVICES 011-040-420-527000 20240053 1,190.00 Invoice Total: 1,190.00
2/26/2024 1,611.62
Invoice Description Account PO or Contract Line Item Amount 11120 EMPLOYEE MEDICAL CONTRIBUTION 011-000-000-210221 1,611.62 Invoice Total: 1,611.62
VENDOR - 1973 - STEVEN J. BURRIS PAYMENT # 612433
VENDOR - 2358 - TETRA TECH, INC PAYMENT # 612434
VENDOR - 7473 - TODD ROGERS PAYMENT # 612435
VENDOR - 6372 - XPRESS WASH, INC PAYMENT # 612436
VENDOR - 4239 - HSA BANK PAYMENT # 612437

Page 5 of 29 ends

Item 13 Page 8 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
2/26/2024 500.49
Invoice Description Account PO or Contract Line Item Amount 11122 GARNISHMENT 011-000-000-210260 500.49
Invoice Total: 500.49
2/28/2024 176.75
Invoice Description Account PO or Contract Line Item Amount 102682 AUTO PARTS 011-040-420-522000 240009 176.75
Invoice Total: 176.75
2/28/2024 52.00
Invoice Description Account PO or Contract Line Item Amount 090823 LIVE SCAN REIMBURSEMENT 011-010-120-529215 52.00 Invoice Total: 52.00
2/28/2024 72.54
Invoice Description Account PO or Contract Line Item Amount 650975 CYLINDER RENTAL 055-050-586-529003- 240040 72.54 Invoice Total: 72.54
2/28/2024 698.63
Invoice Description Account PO or Contract Line Item Amount 6002519002 TOTALIZER 055-050-586-529000- 240261 698.63
Invoice Total: 698.63
2/28/2024 3,174.68
Invoice Description Account PO or Contract Line Item Amount 6002519003 TOTALIZER 055-050-586-529000- 240261 3,174.68 Invoice Total: 3,174.68
2/28/2024 137.55
Invoice Description Account PO or Contract Line Item Amount VENDOR - 5333 - LA COUNTY SHERIFF'S DEPT. PAYMENT # 612438 VENDOR - 818 - CAMINO REAL CHEVROLET PAYMENT # 612439
VENDOR - 7761 - CHRISTOPHER DEBOSE PAYMENT # 612440
VENDOR - 310 - CRAIG WELDING SUPPLY, CO PAYMENT # 612441 VENDOR - 7725 - ENDRESS & HAUSER INC PAYMENT # 612442
VENDOR - 7725 - ENDRESS & HAUSER INC PAYMENT # 612443
VENDOR - 404 - GENERAL INDUSTRIAL TOOL & SUPPLY PAYMENT # 612444

Page 6 of 29 ends

Item 13 Page 9 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
1200574-02 GLOVES 011-040-420-529000 240342 127.55
1200574-02 GLOVES 011-040-420-529000 240342 10.00
Invoice Total: 137.55
2/28/2024 1,340.83
Invoice Description Account PO or Contract Line Item Amount W1A766 VALVE INSTALLATION 011-040-420-522000 240349 133.15 W1A766 VALVE INSTALLATION 011-040-420-529000 240349 1,207.68 Invoice Total: 1,340.83
2/28/2024 17,180.00
Invoice Description Account PO or Contract Line Item Amount SIN033646 PARCEL TAX PROCESSING SERVICES 011-010-130-529215 FI-0040 17,180.00 Invoice Total: 17,180.00
2/28/2024 7,500.00
Invoice Description Account PO or Contract Line Item Amount 23286 COOLING TOWER CLEANING 055-050-586-529009- 20240204 3,600.00 Invoice Total: 3,600.00
23287 VACUUM TRUCK SERVICES 055-050-586-529009- 20240210 3,900.00 Invoice Total: 3,900.00
2/28/2024 146.05
Invoice Description Account PO or Contract Line Item Amount 220599 AUTO PARTS 011-040-420-522000 240014 146.05
Invoice Total: 146.05
2/28/2024 1,932.60
Invoice Description Account PO or Contract Line Item Amount 46409IN SWITCH ASSEMBLIES 011-040-420-522000 240347 1,906.62 46409IN SWITCH ASSEMBLIES 011-040-420-529000 240347 25.98 Invoice Total: 1,932.60
VENDOR - 1346 - HAAKER EQUIPMENT COMPANY PAYMENT # 612445 VENDOR - 3065 - HDL COREN & CONE PAYMENT # 612446
VENDOR - 7280 - MESA ENVIRONMENTAL SERVICES, INC PAYMENT # 612447 VENDOR - 309 - NAPA AUTO PARTS PAYMENT # 612448
VENDOR - 3493 - NATIONAL SIGNAL, INC PAYMENT # 612449

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Item 13 Page 10 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
2/28/2024 1,308.20
Invoice Description Account PO or Contract Line Item Amount B24A138 SAMPLING SERVICES 055-050-586-520232- 20240041 682.20 Invoice Total: 682.20
B24B137 SAMPLING SERVICES 055-050-586-520232- 20240041 626.00 Invoice Total: 626.00
2/28/2024 960.00
Invoice Description Account PO or Contract Line Item Amount 67297 INSPECTION & TESTING SERVICES 011-040-430-529225 CS-1519 960.00 Invoice Total: 960.00
2/28/2024 3,921.09
Invoice Description Account PO or Contract Line Item Amount 1481270740001 EQUIPMENT & TOOL RENTALS 055-050-586-529000- 20240199 3,921.09 Invoice Total: 3,921.09
2/22/2024 8,536.78
Invoice Description Account PO or Contract Line Item Amount 022224 PAYROLL CHECKS 011-000-000-210110 2,505.29
022224 PAYROLL CHECKS 056-000-000-210110 1,942.59
Invoice Total: 4,447.88

PAYROLL CHECKS
VENDOR - 3635 - SUNBELT RENTALS, INC PAYMENT # 612452
VENDOR - 470 - POSITIVE LAB SERVICE PAYMENT # 612450
VENDOR - 5310 - SOUTHWEST INSPECTION & TESTING, INC PAYMENT # 612451

Page 8 of 29 ends

Item 13 Page 11 of 32
9,763,826.12
2/20/2024 1,670.72
Invoice Description Account PO or Contract Line Item Amount GG1766EI1223 DECEMBER 2023 055-050-590-520150 1,670.72
Invoice Total: 1,670.72
2/20/2024 45,624.72
Invoice Description Account PO or Contract Line Item Amount GG1766W0124 JANUARY 2024 CAPACITY 055-050-590-520180 33,180.97 GG1766W0124 DECEMBER 2023 ENERGY 055-050-590-520150 12,443.75 Invoice Total: 45,624.72
2/21/2024 285.80
Invoice Description Account PO or Contract Line Item Amount 021324 SERVICE ACCT 13951 PERIOD 01/12/24-
02/12/24
011-040-415-526000 285.80
Invoice Total: 285.80
2/21/2024 556.68
Invoice Description Account PO or Contract Line Item Amount 020124 SERVICE ACCT 26234 PERIOD 01/24 055-050-590-526010 556.68 Invoice Total: 556.68
2/21/2024 549.71
Invoice Description Account PO or Contract Line Item Amount 020124(2) SERVICE ACCT 48624 PERIOD 01/24 011-040-430-526000 549.71 Invoice Total: 549.71
2/21/2024 86.02
Invoice Description Account PO or Contract Line Item Amount ELECTRONIC TOTAL:

VENDOR - 2227 - US DEPARTMENT OF ENERGY PAYMENT # 16754 VENDOR - 2227 - US DEPARTMENT OF ENERGY PAYMENT # 16755

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
VENDOR - 59 - SO CAL EDISON PAYMENT # 16760
VENDOR - 59 - SO CAL EDISON PAYMENT # 16757
VENDOR - 59 - SO CAL EDISON PAYMENT # 16758
VENDOR - 59 - SO CAL EDISON PAYMENT # 16759

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Item 13 Page 12 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
012924 SERVICE ACCT 61280 PERIOD 01/24 011-040-430-526000 86.02 Invoice Total: 86.02
2/21/2024 32.11
Invoice Description Account PO or Contract Line Item Amount 012924(2) SERVICE ACCT 89452 PERIOD 01/24 055-050-555-526000 32.11 Invoice Total: 32.11
2/23/2024 26,210.00
Invoice Description Account PO or Contract Line Item Amount 429604 JANUARY 2024 055-050-590-520160 26,210.00
Invoice Total: 26,210.00
2/23/2024 301,102.00
Invoice Description Account PO or Contract Line Item Amount PV0224 FEBRUARY 2024 CAPACITY 055-050-590-520180 236,153.00 PV0224 JANUARY 2024 ENERGY 055-050-590-520150 54,949.00 PV0224 PSF 055-000-000-122100 10,000.00
Invoice Total: 301,102.00
2/23/2024 407,373.77
Invoice Description Account PO or Contract Line Item Amount 2024022031631
18280
REVISED CHARGES 11/23 055-050-590-520150 (1,737.49)
2024022031631
18280
REVISED CHARGES 11/23 055-050-590-520170 (3,752.40)
2024022031631
18280
REVISED CHARGES 11/23 055-050-590-520190 (28.54)
2024022031631
18280
REVISED CHARGES 10/23 055-050-590-520150 (2,183.10)
2024022031631
18280
REVISED CHARGES 10/23 055-050-590-520190 (46.69)
2024022031631
18280
REVISED CHARGES 10/23 055-050-590-520170 793.79
VENDOR - 59 - SO CAL EDISON PAYMENT # 16761
VENDOR - 7225 - TWIN EAGLE HOLDINGS N.A., LLC PAYMENT # 16762 VENDOR - 2517 - SCPPA PAYMENT # 16763
VENDOR - 2412 - CALIFORNIA ISO PAYMENT # 16765

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Item 13 Page 13 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
2024022031631
18280
INITIAL CHARGES 02/24 055-050-590-520170 (3,889.37)
2024022031631
18280
INITIAL CHARGES 02/24 055-050-590-520190 4,965.35
2024022031631
18280
INITIAL CHARGES 02/24 055-050-590-520210 8,663.80
2024022031631
18280
INITIAL CHARGES 02/24 055-050-590-520150 404,588.42
Invoice Total: 407,373.77
2/23/2024 9,377.44
Invoice Description Account PO or Contract Line Item Amount 154337 DEED MEMBERSHIP 09/01/2023 - 08/31/2024 055-050-580-529550 9,377.44 Invoice Total: 9,377.44
2/23/2024 3,600.00
Invoice Description Account PO or Contract Line Item Amount 81 GRAFFITI ABATEMENT SERVICES 011-040-430-529215 20240066 3,600.00 Invoice Total: 3,600.00
2/23/2024 13,420.00
Invoice Description Account PO or Contract Line Item Amount 113362 JANUARY 2024 055-050-590-520160 13,420.00
Invoice Total: 13,420.00
2/23/2024 21,380.00
Invoice Description Account PO or Contract Line Item Amount 1241872111 JANUARY 2024 055-050-590-520160 21,380.00
Invoice Total: 21,380.00
2/23/2024 14,940.00
Invoice Description Account PO or Contract Line Item Amount 5014154 JANUARY 2024 055-050-590-520160 14,940.00
VENDOR - 7393 - APPLY THE PRESSURE GROUP PAYMENT # 16767 VENDOR - 2060 - CALPINE CORPORATION PAYMENT # 16768
VENDOR - 6298 - CIMA ENERGY, LP PAYMENT # 16769
VENDOR - 5035 - AMERICAN PUBLIC POWER ASSOC PAYMENT # 16766 VENDOR - 7099 - CRC MARKETING, INC PAYMENT # 16770

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Item 13 Page 14 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
Invoice Total: 14,940.00
2/23/2024 4,134.39
Invoice Description Account PO or Contract Line Item Amount S6233081001 SUPPLIES 011-040-430-522000 240292 4,134.39 Invoice Total: 4,134.39
2/23/2024 141.66
Invoice Description Account PO or Contract Line Item Amount 9904835890 SAFETY SIGNS 055-050-555-522000 240114 141.66 Invoice Total: 141.66
2/23/2024 687.13
Invoice Description Account PO or Contract Line Item Amount 122973 TRAFFIC CONTROL SUPPLIES 011-040-430-522000 240054 687.13 Invoice Total: 687.13
2/23/2024 5,500.00
Invoice Description Account PO or Contract Line Item Amount JAN24 COMMUNITY FUND ADMINISTRATION
SERVICES 01/24
011-010-140-529215 20240111 5,500.00
Invoice Total: 5,500.00
2/23/2024 520.30
Invoice Description Account PO or Contract Line Item Amount 771093132 SPECIALTY GASES 055-050-586-529000- LP-0790 520.30 Invoice Total: 520.30
2/23/2024 150.00
Invoice Description Account PO or Contract Line Item Amount 020124 SEWC STIPEND ATTENDANCE MEETING
02/01/24
095-095-905-705050- 150.00
Invoice Total: 150.00
VENDOR - 5093 - JCL TRAFFIC SERVICES PAYMENT # 16773
VENDOR - 5108 - JEMMOTT ROLLINS GROUP, INC PAYMENT # 16774 VENDOR - 6520 - MATHESON TRI-GAS, INC PAYMENT # 16775
VENDOR - 1936 - EMPIRE CHEMICAL CO., INC PAYMENT # 16771 VENDOR - 1712 - GRAINGER, CO PAYMENT # 16772
VENDOR - 4856 - MELISSA YBARRA PAYMENT # 16776

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Item 13 Page 15 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
2/23/2024 19,080.00
Invoice Description Account PO or Contract Line Item Amount 8166 JANUARY 2024 055-050-590-520160 19,080.00
Invoice Total: 19,080.00
2/23/2024 41,835.24
Invoice Description Account PO or Contract Line Item Amount DH0224 FEBRUARY 2024 055-050-590-520154 41,835.24
Invoice Total: 41,835.24
2/23/2024 405,175.56
Invoice Description Account PO or Contract Line Item Amount ATSP0224 FEBRUARY 2024 055-050-590-520154 405,175.56
Invoice Total: 405,175.56
2/23/2024 237,904.71
Invoice Description Account PO or Contract Line Item Amount DSR10224 FEBRUARY 2024 055-050-590-520154 237,904.71
Invoice Total: 237,904.71
2/23/2024 52,261.48
Invoice Description Account PO or Contract Line Item Amount PHL0224 FEBRUARY 2024 055-050-590-520154 52,261.48
Invoice Total: 52,261.48
2/23/2024 49,582.00
Invoice Description Account PO or Contract Line Item Amount 96155763 LEAP TESTING - FEEDWATER PUMPS 055-050-586-529005- 20230274 49,582.00 Invoice Total: 49,582.00
2/23/2024 24,669.00
VENDOR - 2517 - SCPPA PAYMENT # 16779
VENDOR - 2517 - SCPPA PAYMENT # 16780
VENDOR - 2517 - SCPPA PAYMENT # 16781
VENDOR - 6318 - MIECO, LLC PAYMENT # 16777
VENDOR - 2517 - SCPPA PAYMENT # 16778
VENDOR - 7361 - SIEMENS ENERGY, INC PAYMENT # 16782
VENDOR - 59 - SO CAL EDISON PAYMENT # 16783

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Item 13 Page 16 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
Invoice Description Account PO or Contract Line Item Amount 7501654368 FEBRUARY 2024 055-050-590-520170 24,669.00
Invoice Total: 24,669.00
2/23/2024 549.69
Invoice Description Account PO or Contract Line Item Amount 73845284 AGG & ASPHALT 055-050-585-660000 240340 465.59 73845284 AGG & ASPHALT 058-070-700-529000 240340 84.10
Invoice Total: 549.69
2/23/2024 230,736.31
Invoice Description Account PO or Contract Line Item Amount DS20224 FEBRUARY 2024 SOLAR 055-050-590-520154 384,229.60 DS20224 JANUARY 2024 SOLAR CREDITS 055-050-590-520154 (390,502.19) DS20224 FEBRUARY 2024 BATTERY 055-050-590-520180 238,184.20 DS20224 JANUARY 2024 BATTERY CREDITS 055-050-590-520180 (1,175.30) Invoice Total: 230,736.31
2/26/2024 754,891.52
Invoice Description Account PO or Contract Line Item Amount 4275872 JANUARY 2024 055-050-590-520160 754,891.52
Invoice Total: 754,891.52
2/26/2024 14,520.00
Invoice Description Account PO or Contract Line Item Amount 21322751 JANUARY 2024 055-050-590-520160 14,520.00
Invoice Total: 14,520.00
2/26/2024 952,905.20
Invoice Description Account PO or Contract Line Item Amount GASI00189101 JANUARY 2024 055-050-590-520160 952,905.20 Invoice Total: 952,905.20
VENDOR - 2517 - SCPPA PAYMENT # 16785
VENDOR - 6262 - MERCURIA ENERGY AMERICA, LLC PAYMENT # 16786 VENDOR - 1994 - BP ENERGY COMPANY PAYMENT # 16787
VENDOR - 1695 - VULCAN MATERIALS COMPANY PAYMENT # 16784 VENDOR - 6086 - MACQUARIE ENERGY NORTH AMERICA

TRADING
PAYMENT # 16788

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Item 13 Page 17 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
2/26/2024 380,009.45
Invoice Description Account PO or Contract Line Item Amount 0124 JANUARY 2024 055-050-590-525022 380,009.45
Invoice Total: 380,009.45
2/27/2024 2,860.00
Invoice Description Account PO or Contract Line Item Amount 11123 FEBRUARY 2024 TEAMSTERS

ASSOCIATION DUES
011-000-000-210250 2,240.00
11123 FEBRUARY 2024 TEAMSTERS

ASSOCIATION DUES
055-000-000-210250 240.00
11123 FEBRUARY 2024 TEAMSTERS

ASSOCIATION DUES
058-000-000-210250 380.00
Invoice Total: 2,860.00
2/27/2024 2,524.50
Invoice Description Account PO or Contract Line Item Amount 11118 VERNON POLICE ASSOCIATION DUES

02.22.24 011-000-000-210250 2,524.50
Invoice Total: 2,524.50
2/28/2024 1,211,040.00
Invoice Description Account PO or Contract Line Item Amount 022224 WCI AUCTION 056-060-605-529710 1,211,040.00
Invoice Total: 1,211,040.00
2/29/2024 489,217.75
Invoice Description Account PO or Contract Line Item Amount 2024022731-
63198339
REVISED CHARGES 11/23 055-050-590-520150 (5,150.58)
2024022731-
63198339
REVISED CHARGES 11/23 055-050-590-520170 (6,256.50)
VENDOR - 3407 - VERNON POLICE OFFICERS BENEFIT PAYMENT # 16795 VENDOR - 2808 - DEUTSCHE BANK TRUST CO. PAYMENT # 16796 VENDOR - 2412 - CALIFORNIA ISO PAYMENT # 16797
VENDOR - 1581 - THE GAS COMPANY PAYMENT # 16789
VENDOR - 5392 - TEAMSTERS LOCAL 911 PAYMENT # 16794

Page 15 of 29 ends

Item 13 Page 18 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
2024022731-
63198339
REVISED CHARGES 11/23 055-050-590-520190 (136.13)
2024022731-
63198339
REVISED CHARGES 11/23 055-050-590-520190 (151.70)
2024022731-
63198339
REVISED CHARGES 11/23 055-050-590-520170 (1,029.67)
2024022731-
63198339
REVISED CHARGES 11/23 055-050-590-520210 (48.71)
2024022731-
63198339
REVISED CHARGES 11/23 055-050-590-520150 108,935.60
2024022731-
63198339
INITIAL CHARGES 02/24 055-050-590-520170 5,721.92
2024022731-
63198339
INITIAL CHARGES 02/24 055-050-590-520190 5,062.59
2024022731-
63198339
INITIAL CHARGES 02/24 055-050-590-520210 10,313.53
2024022731-
63198339
INITIAL CHARGES 02/24 055-050-590-520150 371,957.40
Invoice Total: 489,217.75
2/29/2024 22,208.40
Invoice Description Account PO or Contract Line Item Amount 21578 TRAFFIC SIGNAL MAINTENANCE 01/24 011-040-430-529000 CS-1303 3,696.00 Invoice Total: 3,696.00
21730 TRAFFIC SIGNAL MAINTENANCE 01/24 011-040-430-529000 CS-1303 18,512.40 Invoice Total: 18,512.40
2/29/2024 2,332.68
Invoice Description Account PO or Contract Line Item Amount 022024 COMPUTER LOAN 011-000-000-110021 2,332.68
Invoice Total: 2,332.68
2/29/2024 1,035.05
Invoice Description Account PO or Contract Line Item Amount 9917619596 PARTS & SUPPLIES 056-060-600-522000 240071 107.43 VENDOR - 7026 - BEAR ELECTRICAL SOLUTIONS, INC PAYMENT # 16798 VENDOR - 1976 - GABRIEL ALDRETE PAYMENT # 16799
VENDOR - 1712 - GRAINGER, CO PAYMENT # 16800

Page 16 of 29 ends

Item 13 Page 19 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
Invoice Total: 107.43
9917619604 PARTS & SUPPLIES 056-060-600-522000 240071 362.26 Invoice Total: 362.26
9931788179 PARTS & SUPPLIES 056-060-600-522000 240071 128.90 Invoice Total: 128.90
9931788187 PARTS & SUPPLIES 056-060-600-522000 240071 27.57 Invoice Total: 27.57
9935040676 PARTS & SUPPLIES 055-050-560-529000 240114 178.89 Invoice Total: 178.89
9938886992 PARTS & SUPPLIES 055-050-586-520231- 240035 163.48 Invoice Total: 163.48
9941116452 PARTS & SUPPLIES 056-060-600-522000 240071 66.52 Invoice Total: 66.52
2/29/2024 99.21
Invoice Description Account PO or Contract Line Item Amount 60815IN SAFETY WORK BOOTS 055-050-580-524000 240237 99.21 Invoice Total: 99.21
2/29/2024 202.79
Invoice Description Account PO or Contract Line Item Amount 815830 PARTS & SUPPLIES 011-040-420-522000 240123 202.79 Invoice Total: 202.79
2/29/2024 4,072.02
Invoice Description Account PO or Contract Line Item Amount 672161166 INTERNET ACCESS SERVICES 01/24 059-080-800-520173 20240063 4,072.02 Invoice Total: 4,072.02
2/29/2024 1,148.54
Invoice Description Account PO or Contract Line Item Amount 16952064 PARTS & SUPPLIES 055-050-555-522000 240107 308.15 VENDOR - 171 - L&M FOOTWEAR PAYMENT # 16801
VENDOR - 804 - LB JOHNSON INDUSTRIAL HARDWARE PAYMENT # 16802 VENDOR - 3053 - LEVEL 3 FINANCING, INC PAYMENT # 16803
VENDOR - 1150 - MCMASTER-CARR SUPPLY COMPANY PAYMENT # 16804

Page 17 of 29 ends

Item 13 Page 20 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
Invoice Total: 308.15
18539490 PARTS & SUPPLIES 055-050-560-529000 240107 317.17 Invoice Total: 317.17
19013982 PARTS & SUPPLIES 055-050-586-520231- 240126 86.52 Invoice Total: 86.52
19093634 PARTS & SUPPLIES 055-050-586-520231- 240126 436.70 Invoice Total: 436.70
2/29/2024 33,009.54
Invoice Description Account PO or Contract Line Item Amount 2229906 FUEL 011-000-000-120030 240130 33,009.54
Invoice Total: 33,009.54
2/29/2024 157.12
Invoice Description Account PO or Contract Line Item Amount 120123 FINANCE CHARGES 056-060-600-529000 240067 157.12 Invoice Total: 157.12
2/29/2024 48.00
Invoice Description Account PO or Contract Line Item Amount 1303 CAR WASH SERVICES 055-050-550-527000 240135 36.00
Invoice Total: 36.00
1307 CAR WASHES SERVICES 011-030-300-527000 240063 12.00 Invoice Total: 12.00
2/29/2024 2,643.80
Invoice Description Account PO or Contract Line Item Amount 2011197 CALIBRATION SERVICES 055-050-586-529012- 20240220 2,643.80 Invoice Total: 2,643.80
2/29/2024 458,092.36
Invoice Description Account PO or Contract Line Item Amount VENDOR - 870 - PARNASA TOV INC PAYMENT # 16807
VENDOR - 246 - ROSEMOUNT, INC PAYMENT # 16808
VENDOR - 7361 - SIEMENS ENERGY, INC PAYMENT # 16809
VENDOR - 209 - MERRIMAC PETROLEUM, INC. PAYMENT # 16805 VENDOR - 3332 - P&F DISTRIBUTORS PAYMENT # 16806

Page 18 of 29 ends

Item 13 Page 21 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
96155732 GENERATOR INSPECTIONS 055-050-586-529005- 20230274 458,092.36 Invoice Total: 458,092.36
2/29/2024 1,483.90
Invoice Description Account PO or Contract Line Item Amount 22068 OPERATING EXPENSES 01/24 055-050-585-529215 1,483.90 Invoice Total: 1,483.90
2/29/2024 8.27
Invoice Description Account PO or Contract Line Item Amount 06950629325 011-040-435-522000 8.27
Invoice Total: 8.27
2/29/2024 34,883.72
Invoice Description Account PO or Contract Line Item Amount 202415 QUARTERLY PAYMENT - NO. 15 058-000-000-272010 34,883.72 Invoice Total: 34,883.72
2/27/2024 5,425.16
Invoice Description Account PO or Contract Line Item Amount 122823_MULTI
PLE
PARTS & SUPPLIES 011-040-415-522000 24012920240035 3,474.15 122823_MULTI
PLE
PARTS & SUPPLIES 011-040-430-522000 24012920240035 1,951.01 Invoice Total: 5,425.16
2/28/2024 920.82
Invoice Description Account PO or Contract Line Item Amount 102323_MULTI
PLE
PARTS & SUPPLIES 055-050-586-522000- 24008020240035 328.98 102323_MULTI
PLE
PARTS & SUPPLIES 055-050-586-529000- 24008020240035 36.48 102323_MULTI
PLE
PARTS & SUPPLIES 055-050-586-529003- 24008020240035 555.36 VENDOR - 1552 - HOME DEPOT CREDIT SERVICES PAYMENT # 16813 VENDOR - 1552 - HOME DEPOT CREDIT SERVICES PAYMENT # 16814 VENDOR - 2079 - SO CAL JOINT POLE COMMITTEE PAYMENT # 16810 VENDOR - 6070 - VERITIV OPERATING COMPANY PAYMENT # 16811 VENDOR - 1658 - WATER REPLENISHMENT DISTRICT PAYMENT # 16812

Page 19 of 29 ends

Item 13 Page 22 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
Invoice Total: 920.82
2/28/2024 1,486.71
Invoice Description Account PO or Contract Line Item Amount 013124_MULTI
PLE
PARTS & SUPPLIES 056-060-600-522000 24007720240035 1,486.71 Invoice Total: 1,486.71
2/28/2024 427.16
Invoice Description Account PO or Contract Line Item Amount 102523_MULTI
PLE
PARTS & SUPPLIES 055-050-555-522000 24010220240035 427.16 Invoice Total: 427.16
2/21/2024 333,222.00
Invoice Description Account PO or Contract Line Item Amount B0CH7C ACTIVE MEDICAL PREMIUMS 02/24 011-000-000-210221 187,593.85 B0CH7C ACTIVE MEDICAL PREMIUMS 02/24 011-000-000-210222 12,752.87 B0CH7C ACTIVE MEDICAL PREMIUMS 02/24 011-000-000-210223 7,071.95 B0CH7C ACTIVE MEDICAL PREMIUMS 02/24 011-000-000-210230 2,563.37 B0CH7C ACTIVE MEDICAL PREMIUMS 02/24 011-010-120-513035 870.54 B0CH7C ACTIVE MEDICAL PREMIUMS 02/24 011-010-120-529215 2,122.74 B0CH7C ACTIVE MEDICAL PREMIUMS 02/24 011-010-130-523034 (3.68) B0CH7C ACTIVE MEDICAL PREMIUMS 02/24 055-000-000-210221 82,708.84 B0CH7C ACTIVE MEDICAL PREMIUMS 02/24 055-000-000-210222 5,920.58 B0CH7C ACTIVE MEDICAL PREMIUMS 02/24 055-000-000-210223 5,401.24 B0CH7C ACTIVE MEDICAL PREMIUMS 02/24 055-000-000-210230 994.10 B0CH7C ACTIVE MEDICAL PREMIUMS 02/24 056-000-000-210221 5,315.49 B0CH7C ACTIVE MEDICAL PREMIUMS 02/24 056-000-000-210222 382.58 B0CH7C ACTIVE MEDICAL PREMIUMS 02/24 056-000-000-210223 697.34 B0CH7C ACTIVE MEDICAL PREMIUMS 02/24 056-000-000-210230 72.80 B0CH7C ACTIVE MEDICAL PREMIUMS 02/24 058-000-000-210221 16,744.42 B0CH7C ACTIVE MEDICAL PREMIUMS 02/24 058-000-000-210222 1,120.22 VENDOR - 1552 - HOME DEPOT CREDIT SERVICES PAYMENT # 16815 VENDOR - 1552 - HOME DEPOT CREDIT SERVICES PAYMENT # 16816 VENDOR - 7703 - SELF INSURED SERVICES COMPANY PAYMENT # 16875

Page 20 of 29 ends

Item 13 Page 23 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
B0CH7C ACTIVE MEDICAL PREMIUMS 02/24 058-000-000-210223 604.99 B0CH7C ACTIVE MEDICAL PREMIUMS 02/24 058-000-000-210230 252.22 B0CH7C ACTIVE MEDICAL PREMIUMS 02/24 059-000-000-210221 33.94 B0CH7C ACTIVE MEDICAL PREMIUMS 02/24 059-000-000-210223 0.10 B0CH7C ACTIVE MEDICAL PREMIUMS 02/24 059-000-000-210230 1.50 Invoice Total: 333,222.00
2/21/2024 129,407.65
Invoice Description Account PO or Contract Line Item Amount B0CH7D RETIREE MEDICAL PREMIUMS 02/24 011-010-120-513035 128,539.65 B0CH7D RETIREE MEDICAL PREMIUMS 02/24 011-010-120-529215 868.00 Invoice Total: 129,407.65
2/22/2024 5,851.11
Invoice Description Account PO or Contract Line Item Amount 11116 COLONIAL SUPPLEMENTAL INS. 02/24 011-000-000-210223 3,343.07 11116 COLONIAL SUPPLEMENTAL INS. 02/24 055-000-000-210223 1,596.66 11116 COLONIAL SUPPLEMENTAL INS. 02/24 056-000-000-210223 553.79 11116 COLONIAL SUPPLEMENTAL INS. 02/24 058-000-000-210223 587.04 11116 COLONIAL SUPPLEMENTAL INS. 02/24 059-000-000-210223 2.04 11116 COLONIAL SUPPLEMENTAL INS. 02/24 011-000-000-210223 (231.56) 11116 COLONIAL SUPPLEMENTAL INS. 02/24 011-010-130-523034 0.07 Invoice Total: 5,851.11
2/22/2024 30,869.87
Invoice Description Account PO or Contract Line Item Amount 11124 DEFERRED COMPENSATION PAY DAY

02.22.24 011-000-000-210220 15,971.39
11124 DEFERRED COMPENSATION PAY DAY

02.22.24 055-000-000-210220 13,092.90
11124 DEFERRED COMPENSATION PAY DAY

02.22.24 056-000-000-210220 1,223.08
VENDOR - 3142 - COLONIAL LIFE PAYMENT # 16924
VENDOR - 7541 - MISSIONSQUARE RETIREMENT PAYMENT # 16925 VENDOR - 7703 - SELF INSURED SERVICES COMPANY PAYMENT # 16876

Page 21 of 29 ends

Item 13 Page 24 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
11124 DEFERRED COMPENSATION PAY DAY

02.22.24 058-000-000-210220 532.50
11124 DEFERRED COMPENSATION PAY DAY

02.22.24 059-000-000-210220 50.00
Invoice Total: 30,869.87
2/22/2024 71,002.51
Invoice Description Account PO or Contract Line Item Amount 11111 DEFERRED COMPENSATION PAY DAY

02.22.24 S1
011-000-000-210220 28,474.97
11111 DEFERRED COMPENSATION PAY DAY

02.22.24 S1
055-000-000-210220 41,363.54
11111 DEFERRED COMPENSATION PAY DAY

02.22.24 S1
058-000-000-210220 1,164.00
Invoice Total: 71,002.51
2/22/2024 25,700.00
Invoice Description Account PO or Contract Line Item Amount 11105 DEFERRED COMPENSATION PAY DAY

02.22.24 S2
011-000-000-210220 25,700.00
Invoice Total: 25,700.00
2/23/2024 241,551.17
Invoice Description Account PO or Contract Line Item Amount 11113 CALPERS PAY DAY 02.22.24 011-000-000-210240 163,378.37 11113 CALPERS PAY DAY 02.22.24 055-000-000-210240 65,370.67 11113 CALPERS PAY DAY 02.22.24 056-000-000-210240 3,970.99 11113 CALPERS PAY DAY 02.22.24 058-000-000-210240 8,743.67 11113 CALPERS PAY DAY 02.22.24 059-000-000-210240 87.64 11113 CALPERS PAY DAY 02.22.24 011-010-130-523034 (0.17) Invoice Total: 241,551.17
2/29/2024 91.58
Invoice Description Account PO or Contract Line Item Amount VENDOR - 7541 - MISSIONSQUARE RETIREMENT PAYMENT # 16926 VENDOR - 7541 - MISSIONSQUARE RETIREMENT PAYMENT # 16927 VENDOR - 714 - CALPERS PAYMENT # 16928
VENDOR - 714 - CALPERS PAYMENT # 16929

Page 22 of 29 ends

Item 13 Page 25 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
1000000174372
44 MONTHLY EXPENSE OF UAL
(PROSECUTOR CLASSIC)
011-010-115-512020 91.58
Invoice Total: 91.58
2/29/2024 520.50
Invoice Description Account PO or Contract Line Item Amount 1000000174374
22 MONTHLY EXPENSE OF UAL (POLICE
PEPRA)
011-030-300-512020 520.50
Invoice Total: 520.50
2/29/2024 919.50
Invoice Description Account PO or Contract Line Item Amount 1000000174374
14 MONTHLY EXPENSE OF UAL (FIRE PEPRA) 011-030-305-512020 919.50 Invoice Total: 919.50
2/29/2024 248,987.08
Invoice Description Account PO or Contract Line Item Amount 1000000174374
04 MONTHLY EXPENSE OF UAL (POLICE

CLASSIC)
011-030-300-512020 248,987.08
Invoice Total: 248,987.08
2/29/2024 382,646.92
Invoice Description Account PO or Contract Line Item Amount 1000000174374
29 MONTHLY EXPENSE OF UAL (FIRE

CLASSIC)
011-030-305-512020 382,646.92
Invoice Total: 382,646.92
2/29/2024 396,325.00
Invoice Description Account PO or Contract Line Item Amount 1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
011-010-100-512020 1,743.83
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
011-010-105-512020 17,081.61
VENDOR - 714 - CALPERS PAYMENT # 16930
VENDOR - 714 - CALPERS PAYMENT # 16931
VENDOR - 714 - CALPERS PAYMENT # 16932
VENDOR - 714 - CALPERS PAYMENT # 16933
VENDOR - 714 - CALPERS PAYMENT # 16934

Page 23 of 29 ends

Item 13 Page 26 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
011-010-125-512020 7,728.34
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
011-010-130-512020 26,751.94
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
011-010-115-512020 4,359.58
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
011-010-120-512020 12,325.71
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
011-030-300-512020 20,925.96
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
011-040-400-512020 15,020.72
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
011-040-405-512020 12,325.71
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
011-040-430-512020 30,794.45
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
011-040-420-512020 7,054.59
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
011-040-435-512020 792.65
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
011-040-410-512020 4,438.84
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
011-040-415-512020 6,222.30
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
059-080-800-512020 198.16
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
011-020-200-512020 15,853.00
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
058-070-700-512020 27,227.53
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
056-060-600-512020 13,356.15
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
055-050-575-512020 6,658.26
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
055-050-595-512020 4,478.47
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
055-050-550-512020 5,588.18

Page 24 of 29 ends

Item 13 Page 27 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
055-050-555-512020 30,160.33
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
055-050-570-512020 1,228.61
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
055-050-580-512020 22,669.77
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
011-010-110-512020 13,039.09
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
055-050-585-512020 19,895.52
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
055-050-586-512020- 51,522.25
1000000174373
95 MONTHLY EXPENSE OF UAL (MISC PEPRA
& CLASSIC)
055-050-590-512020 16,883.45
Invoice Total: 396,325.00
2/23/2024 63.13
Invoice Description Account PO or Contract Line Item Amount 11160 FWH, STW, AND MEDICARE PAY DAY

02.22.24 011-000-000-210210 63.13
Invoice Total: 63.13
2/23/2024 38.06
Invoice Description Account PO or Contract Line Item Amount 11366 MEDICARE TAX: 3RD PARTY SICK PAY 011-000-000-210210 38.06 Invoice Total: 38.06
2/23/2024 140,484.90
Invoice Description Account PO or Contract Line Item Amount 11119 FWH, STW, AND MEDICARE PAY DAY

02.22.24 011-000-000-210210 83,831.16
11119 FWH, STW, AND MEDICARE PAY DAY

02.22.24 055-000-000-210210 48,044.26
11119 FWH, STW, AND MEDICARE PAY DAY

02.22.24 056-000-000-210210 2,842.15
VENDOR - 4075 - THE DEPARTMENT OF THE TREASURY PAYMENT # 16937 VENDOR - 4075 - THE DEPARTMENT OF THE TREASURY PAYMENT # 16938 VENDOR - 4075 - THE DEPARTMENT OF THE TREASURY PAYMENT # 16936

Page 25 of 29 ends

Item 13 Page 28 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
11119 FWH, STW, AND MEDICARE PAY DAY

02.22.24 058-000-000-210210 5,716.70
11119 FWH, STW, AND MEDICARE PAY DAY

02.22.24 059-000-000-210210 50.63
Invoice Total: 140,484.90
2/23/2024 128,759.49
Invoice Description Account PO or Contract Line Item Amount 11110 FWH, STW, AND MEDICARE PAY DAY

02.22.24 011-000-000-210210 90,717.85
11110 FWH, STW, AND MEDICARE PAY DAY

02.22.24 055-000-000-210210 36,504.75
11110 FWH, STW, AND MEDICARE PAY DAY

02.22.24 056-000-000-210210 135.15
11110 FWH, STW, AND MEDICARE PAY DAY

02.22.24 058-000-000-210210 1,392.49
11110 FWH, STW, AND MEDICARE PAY DAY

02.22.24 059-000-000-210210 9.25
Invoice Total: 128,759.49
2/23/2024 39,192.11
Invoice Description Account PO or Contract Line Item Amount 11104 FWH, STW, AND MEDICARE PAY DAY

02.22.24 011-000-000-210210 39,192.11
Invoice Total: 39,192.11
2/22/2024 12,827.47
Invoice Description Account PO or Contract Line Item Amount 718696 AFLAC SUPPLEMENTAL INS. 01/24 011-000-000-210223 8,201.48 718696 AFLAC SUPPLEMENTAL INS. 01/24 058-000-000-210223 601.10 718696 AFLAC SUPPLEMENTAL INS. 01/24 055-000-000-210223 3,463.46 718696 AFLAC SUPPLEMENTAL INS. 01/24 056-000-000-210223 558.17 718696 AFLAC SUPPLEMENTAL INS. 01/24 059-000-000-210223 3.02 718696 AFLAC SUPPLEMENTAL INS. 01/24 011-010-130-523034 0.24 Invoice Total: 12,827.47
VENDOR - 4075 - THE DEPARTMENT OF THE TREASURY PAYMENT # 16939 VENDOR - 4075 - THE DEPARTMENT OF THE TREASURY PAYMENT # 16940 VENDOR - 3143 - AFLAC PAYMENT # 16941

Page 26 of 29 ends

Item 13 Page 29 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
2/28/2024 569.32
Invoice Description Account PO or Contract Line Item Amount 011124_MULTI
PLE
PARTS & SUPPLIES 058-070-700-522000 24005320240035 316.33 011124_MULTI
PLE
PARTS & SUPPLIES 058-070-700-529000 24005320240035 252.99 Invoice Total: 569.32
2/29/2024 6,095.51
Invoice Description Account PO or Contract Line Item Amount 112923_MULTI
PLE
PARTS & SUPPLIES 055-050-550-529000 24010220240035 5,476.53 112923_MULTI
PLE
PARTS & SUPPLIES 055-050-555-522000 24010220240035 454.87 112923_MULTI
PLE
PARTS & SUPPLIES 055-050-555-529000 24010220240035 164.11 Invoice Total: 6,095.51
2/23/2024 46,168.75
Invoice Description Account PO or Contract Line Item Amount 11114 STATE WITHHOLDING PAY DAY 02.22.24 011-000-000-210210 26,776.32 11114 STATE WITHHOLDING PAY DAY 02.22.24 055-000-000-210210 16,506.87 11114 STATE WITHHOLDING PAY DAY 02.22.24 056-000-000-210210 1,110.08 11114 STATE WITHHOLDING PAY DAY 02.22.24 058-000-000-210210 1,751.06 11114 STATE WITHHOLDING PAY DAY 02.22.24 059-000-000-210210 24.42 Invoice Total: 46,168.75
2/23/2024 33,547.13
Invoice Description Account PO or Contract Line Item Amount 11109 STATE WITHHOLDING PAY DAY 02.22.24 011-000-000-210210 23,795.51 11109 STATE WITHHOLDING PAY DAY 02.22.24 055-000-000-210210 9,353.35 11109 STATE WITHHOLDING PAY DAY 02.22.24 056-000-000-210210 35.82 11109 STATE WITHHOLDING PAY DAY 02.22.24 058-000-000-210210 360.00 VENDOR - 1552 - HOME DEPOT CREDIT SERVICES PAYMENT # 16943 VENDOR - 1635 - EMPLOYMENT DEVELOPMENT DEPT PAYMENT # 16989 VENDOR - 1635 - EMPLOYMENT DEVELOPMENT DEPT PAYMENT # 16990 VENDOR - 1552 - HOME DEPOT CREDIT SERVICES PAYMENT # 16942

Page 27 of 29 ends

Item 13 Page 30 of 32

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
11109 STATE WITHHOLDING PAY DAY 02.22.24 059-000-000-210210 2.45 Invoice Total: 33,547.13
2/23/2024 9,856.46
Invoice Description Account PO or Contract Line Item Amount 11103 STATE WITHHOLDING PAY DAY 02.22.24 011-000-000-210210 9,856.46 Invoice Total: 9,856.46
2/22/2024 1,182,338.79
Invoice Description Account PO or Contract Line Item Amount 022224 PAYROLL DIRECT DEPOSIT 011-000-000-210110 803,863.49 022224 PAYROLL DIRECT DEPOSIT 055-000-000-210110 326,916.96 022224 PAYROLL DIRECT DEPOSIT 056-000-000-210110 13,841.93 022224 PAYROLL DIRECT DEPOSIT 058-000-000-210110 37,441.28 022224 PAYROLL DIRECT DEPOSIT 059-000-000-210110 275.13 Invoice Total: 1,182,338.79

PAYROLL DIRECT DEPOSIT
VENDOR - 1635 - EMPLOYMENT DEVELOPMENT DEPT PAYMENT # 16991

Page 28 of 29 ends

Item 13 Page 31 of 32

EARLY CHECKS TOTAL ELECTRONIC TOTAL GRAND TOTAL
$ 58,595.55 $ 2,577,781.53 $ 2,636,377.08
$ 16,675.14 $ 5,783,455.90 $ 5,800,131.04
$ 1,942.59 $ 1,257,472.03 $ 1,259,414.62
$ 2,594.00 $ 140,156.36 $ 142,750.36
$ 4,810.30 $ 4,810.30
$ 1,200.00 $ 150.00 $ 1,350.00
$ 81,007.28 $ 9,763,826.12 $ 9,844,833.40

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 127
DATE 04/02/2024
058 - WATER
059 - FIBER
095 - SEWC JPA
Total
FUND
011 - GENERAL
055 - LIGHT & POWER
056 - NATURAL GAS

Page 29 of 29 ends

AM ..

Item 13 Page 32 of 32
City Council Agenda Report
Meeting Date: April 2, 2024
From: Carlos Fandino, City Administrator
Department: City Administration
Submitted by: Diana Figueroa, Management Analyst
Subject
Amendment No. 1 to the Southeast Rio Vista Family YMCA Services Agreement Recommendation
A. Find that Amendment No. 1 to the Services Agreement with Southeast Rio Vista Family YMCA is exempt from the competitive bidding and selection process pursuant to Vernon Municipal Code Section 3.32.110(B)(3) where the best interests of the City are served by a direct award; B. Approve and authorize the City Administrator to execute Amendment No. 1 to the Services Agreement with Southeast Rio Vista Family YMCA for wellness programming memberships and wear and tear of YMCA facilities, equipment, and supplies, in substantially the same form as submitted, increasing the contract amount by $120,000 for a total not-to-exceed contract amount of $220,000 for the term of the Agreement; and
C. Approve a contribution to the Southeast Rio Vista Family YMCA to sponsor uniforms for local non-Vernon resident youth for one full year of participation in the organization’s sports recreation programs for an amount not-to-exceed $10,000 to be paid by the City on a reimbursement basis.

Background
Amendment No. 1 to the Southeast Rio Vista Family YMCA (the Y) Services Agreement, as per the direction of Council at its March 5, 2024 meeting, has been modified to incorporate a listing of specific items that may be eligible for funding under the “Wear and Tear” section in Fees and Costs (Exhibit A to the amendment); adds language to include City coverage of uniform expenses for Vernon residents; and a provision that requests that the Y recognize the City for its contributions by displaying a City logo or some other kind of visual recognition when feasible.

Additionally, staff has modified its recommendations to Council to include the approval of a contribution in the amount of $10,000 to the Y that will sponsor uniforms for local youth participation in the Y’s sports recreation programs which include its Los Angeles Clippers Basketball, Los Angeles Kings Ball Hockey, and Los Angeles Galaxy Soccer programs (Dodgers Dreamteam Baseball uniform costs are included with registration). The sponsorship is recommended as per the direction of Council at its March 5, 2024 meeting. Staff suggests that the sponsorship for uniforms for non-Vernon residents remain separate from the Y’s Services Agreement, as the Agreement is specifically geared toward wellness programming for City of Vernon households.

The implementation of programs that promote social, educational, and recreational well-being can empower people and help communities thrive. To make available to its residential population enrichment programs that are generally offered via Parks and Recreation organizations in traditional cities, the City Council approved a Services Agreement with the Y, a branch of the Metropolitan Los Angeles YMCA on February 4, 2020.

Upon the expiration of the initial Y Services Agreement, on February 2, 2023, the City Administrator approved and authorized a Services Agreement (Agreement) with the Y for three years in an amount of $100,000, with an effective date of February 4, 2023. Pursuant to Vernon ..

Item 14 Page 1 of 11
Municipal Code (VMC) Section 3.32.110(B)(3), the City Administrator determined that the best interests of the City were served by a direct award.

Through its strategic partnership with the Y, a well-established nonprofit organization, the City has made an effort to address the wellness needs of the Vernon residential community. To ensure that the City sustains such programming for Vernon residents, staff is proposing an amendment to its existing Agreement with the Y to maintain no-cost access to valuable services.

Amendment No. 1 will accomplish the following: • Add funds to the existing Agreement to subsidize annual memberships, class participation, sports programming, and swim lessons for all Vernon resident households. o In 2023, there was a significant surge in enrollment, with approximately 50 families (nearly 70% of the City’s population) with active Y memberships. With this increase, funds for the Y Agreement have depleted more rapidly than anticipated. • Provide a mechanism for the City to assist the Y in corrective maintenance of facilities and grounds, and the repair and replacement of essential equipment and supplies needed for the provision of programs and services. o Presumably, the participation of Vernon families in activities offered at the Y increases wear and tear on the Y’s facilities, grounds, and equipment. It is, therefore, important that the City have the option to offer proportionate support to aid in the Y’s operational continuity.

The addition of funds in the amount of $120,000 proposed in Amendment No. 1 should be sufficient to cover Y membership and participation costs (including uniforms) for Vernon residents, to facilitate select maintenance and repairs, and to resupply specific equipment for the remainder of the Agreement term (which expires on February 2, 2026). Separately, a uniform sponsorship for non-Vernon resident participants for an amount up to $10,000 shall cover costs for approximately 350 youth athletes for the year.

Because of the Y’s proven reputation in the community, its unique programming offerings suitable for all ages, proximity to Vernon (the Southeast Rio Vista Y is about two miles from the City’s center), the large percentage of Vernon family memberships, and the City’s investment in the sports facilities at the Southeast Rio Vista Y location (a contribution of $75,000 toward the Maywood Park Dodgers Dreamfield), staff recommends that Council find that the additional funding proposed in Amendment No. 1 is in the best interests of the City, pursuant to VMC Section 3.32.110(B)(3). It is recommended that Council approve and authorize the City Administrator to execute Amendment No. 1 with the Y increasing the contract amount by $120,000. Contracts exceeding $100,000 shall be approved by Council, pursuant to VMC Section 3.32.030(B). The proposed Amendment No. 1 with the Y has been reviewed and approved as to form by the City Attorney's Office.

Fiscal Impact
The fiscal impact of the YMCA Services Agreement is not-to-exceed $220,000, including $120,000 for Amendment No. 1. The YMCA uniform sponsorship in an amount not-to-exceed $10,000 shall be an expense separate from the YMCA Services Agreement total. Sufficient funds are available in General Fund, Community Development Department, Professional Services - Other Account No. 011-010-160-529215, City Administration Department, Community Development Fund, for the current fiscal year and will be budgeted in subsequent years. ..

Item 14 Page 2 of 11
Attachments

1. Amendment No. 1 to the Southeast Rio Vista Family YMCA Services Agreement (Redline)

2. Amendment No. 1 to the Southeast Rio Vista Family YMCA Services Agreement ..

Item 14 Page 3 of 11
January 2023
AMENDMENT NO. 1 TO THE SERVICES AGREEMENT BETWEEN THE CITY OF

VERNON AND SOUTHEAST-RIO VISTA FAMILY YMCA, A BRANCH OF THE YMCA

OF METROPOLITAN LOS ANGELES FOR COMMUNITY-BASED WELLNESS

PROGRAMMING FOR THE CITY OF VERNON
This Amendment No. 1 (Amendment) to the Agreement for Community-Based Wellness Programming dated February 4, 2023(Agreement), is made as of March 5April 2, 2024 by and between the City of Vernon, a California charter city and municipal corporation (City) and Southeast-Rio Vista Family YMCA, a branch of the YMCA of Metropolitan Los Angeles(Contractor),a nonprofit organization.

The City and Contractor agree as follows:

RECITALS
A.The City and Contractor are parties to a written Agreement dated February 4, 2023, under which Contractor provides community-based wellness programming for the City of Vernon.

B. The City and Contractor desire to amend the Agreement to:
(1) amend Exhibit B (Fees and Cost) of the Agreement to include a process for reimbursement requests for “wear and tear” expenses caused by Vernon community usage which consist of corrective maintenance and upkeep of facilities and grounds, replacement and repair of equipment and supplies essential for community programming and that may impact operational continuity;and (2) increase the Contractor’s total compensation by an amount not to exceed $120,000 to cover additional costs resulting from increased annual membership dues and an increase of Vernon resident annual membership enrollments for which the City reimburses Contractor; and to cover expenses related to wear and tear of Contractor’s facilities, equipment, and supplies.

NOW, THEREFORE, the parties to this Amendment agree as follows:

1. Effective as of March 5April2, 2024, Exhibit B (Fees and Costs) of the Agreement, attached to this Amendment as Exhibit A, is hereby amended.

2. Contractor’s grand total consideration from March 5April 2, 2024 to February 3, 2026, shall not exceed a total amount of $220,000, without prior City Council approval and written amendment of the Agreement.

3. Except as expressly modified by this Amendment, all provisions of the Agreement shall remain in full force and effect.

4. The provisions of this Amendment shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment. ..

Item 14 Page 4 of 11
Southeast
-Rio Vista Family YMCA
Amendment No. 1

Page 2 of 2 ends

_______________________

5. The person or persons executing this Amendment on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date stated in the introductory clause.

City of Vernon, a California Charter City and
California municipal corporation
_______________________________
CARLOS R. FANDINO, JR.,
City Administrator
ATTEST:
________________________________

YONNIE PARKER,
Deputy City Clerk
APPROVED AS TO FORM:
_______________________________
ZAYNAH N. MOUSSA,
City Attorney
Southeast-Rio Vista Family YMCA, a
branch of the YMCA Metropolitan Los
Angeles, a nonprofit organization
By:

Name:

Title:

By:

Name:

Title:
..

Item 14 Page 5 of 11

EXHIBIT
B

FEES AND COSTS
Fees to be charged to the City of Vernon:

Services and Programming

1. Family: $900 per annual Family Membership (calculated as $75 per monthly Family Membership)- two (2) adults (age eighteen (18) and older) and children under eighteen (18) who are related to, and living in the same household as, the adult.

2. Individual Adult: $420 per annual Individual Adult Membership (calculated as $35 per monthly Individual Adult Membership – One (1) adult (age eighteen (18) and older)

3. Individual Teen: $300 per annual Individual teen membership (calculated as $25 per monthly Individual Teen – one (1) teen age twelve (12) to seventeen (17). Teens will require an adult signed waiver to enroll for a membership.

4. Programming and Services: $28 per hour per individual staff member for programming or service delivery (e.g. grocery drop-offs for senior citizens residing in Vernon) at City designated facilities. Hours and staff limitations will be coordinated and agreed upon by the City and the Y.

5. Recreational Sports Activities: $125 per child per program - access to the Dodgers Dreamteam Program; Jr. Clippers Basketball Leagues; Jr. Galaxy Soccer Program; and LA Kings Ball Hockey Program. Y members have access to all Recreational Sports Activities at no additional cost. Fees for non-members are $125 per child per program.

6. Swim Lessons: Offered seasonally at $50 per individual per session. Family swim times and pool usage is available to Y members when pool facilities are open. Dates and hours of operation may vary and will be determined by the Y.

Programs, sports, and swim lessons are all available to Vernon residents on a first-come-first-served basis by registering through the Y. Costs for programs and services noted above and any uniforms required for participation in such programs will be paid by the City to the Y on a reimbursement-basis on behalf of Vernon residents who provide proof of residency to the Y.

The YMCA will invoice the City on a quarterly basis and reimbursement requests to the City of Vernon will include the following:
a) Number of memberships issued during the term
b) Address of card holder (to confirm residency)
c) Number of family members
d) Number of school-age children
e) Summary of activities of interest
e)f)Number and unit cost of uniforms
Wear and Tear
It is expected that normal wear and tear of YMCA facilities and grounds will occur, in part as a result of regular use by Vernon resident members participating in the various programs offered at the Y. As such, the City may elect to assist the Y in covering costs related to corrective maintenance and upkeep of facilities and grounds, and replacement and repair of equipment and supplies essential for community-based programming.

Maintenance, replacement, repair, equipment and/or supplies that may be eligible for funding are as follows:
• Gloves, mitts, bats, hockey sticks, balls, pucks, helmets and masks, and protective gear required for recreational sports activities
• Field equipment, court equipment, scoreboards, goals, and nets required for recreational sports activities
..

Item 14 Page 6 of 11
• Equipment for maintenance of fields, courts, and playground, minor graffiti removal on Y grounds (if necessary), and corrective repair or removal of safety hazards In order for the City to consider expending funds on eligible wear and tear, the Y must provide a brief description of the item(s) needed and Vernon’s proportionate associated cost in advance of any purchase. The City will review a request from the Y and will determine whether funding for all or a portion of the requested item(s) is feasible. The City reserves the right to deny any wear and tear fund requests for maintenance, supplies, or equipment at the Y’s facilities/grounds.

In instances where the City has funded certain equipment or supplies, the City requests that the Y recognize the City for its contribution by displaying a City logo or some other kind of visual recognition when feasible. The City will assist the Y by providing City images, logos, and color schemes as necessary and appropriate. ..

Item 14 Page 7 of 11
January 2023
AMENDMENT NO. 1 TO THE SERVICES AGREEMENT BETWEEN THE CITY OF

VERNON AND SOUTHEAST-RIO VISTA FAMILY YMCA, A BRANCH OF THE YMCA

OF METROPOLITAN LOS ANGELES FOR COMMUNITY-BASED WELLNESS

PROGRAMMING FOR THE CITY OF VERNON
This Amendment No. 1 (Amendment) to the Agreement for Community-Based Wellness Programming dated February 4, 2023(Agreement), is made as of April 2, 2024 by and between the City of Vernon, a California charter city and municipal corporation (City) and Southeast-Rio Vista Family YMCA, a branch of the YMCA of Metropolitan Los Angeles(Contractor),a nonprofit organization.

The City and Contractor agree as follows:

RECITALS
A.The City and Contractor are parties to a written Agreement dated February 4, 2023, under which Contractor provides community-based wellness programming for the City of Vernon.

NOW, THEREFORE, the parties to this Amendment agree as follows:

1. Effective as of April2, 2024, Exhibit B (Fees and Costs) of the Agreement, attached to this Amendment as Exhibit A, is hereby amended.

2. Contractor’s grand total consideration from April 2, 2024 to February 3, 2026, shall not exceed a total amount of $220,000, without prior City Council approval and written amendment of the Agreement.

3. Except as expressly modified by this Amendment, all provisions of the Agreement shall remain in full force and effect.

Item 14 Page 8 of 11
Southeast
-Rio Vista Family YMCA
Amendment No. 1

Page 2 of 2 ends

_______________________

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date stated in the introductory clause.

City of Vernon, a California Charter City and
California municipal corporation
_______________________________
CARLOS R. FANDINO, JR.,
City Administrator
ATTEST:
________________________________

Name:

Title:

By:

Name:

Title:

Mark Dengler

EVP & COO
Jenny Chan

EVP & CFO
..

Item 14 Page 9 of 11

EXHIBIT
B

FEES AND COSTS
Fees to be charged to the City of Vernon:

Services and Programming

2. Individual Adult: $420 per annual Individual Adult Membership (calculated as $35 per monthly Individual Adult Membership – One (1) adult (age eighteen (18) and older)

Programs, sports, and swim lessons are all available to Vernon residents on a first-come-first- served basis by registering through the Y. Costs for programs and services noted above and any uniforms required for participation in such programs will be paid by the City to the Y on a reimbursement-basis on behalf of Vernon residents who provide proof of residency to the Y.

The YMCA will invoice the City on a quarterly basis and reimbursement requests to the City of Vernon will include the following:
a) Number of memberships issued during the term
b) Address of card holder (to confirm residency)
c) Number of family members
d) Number of school-age children
e) Summary of activities of interest
f) Number and unit cost of uniforms
Wear and Tear
It is expected that normal wear and tear of YMCA facilities and grounds will occur, in part as a result of regular use by Vernon resident members participating in the various programs offered at the Y. As such, the City may elect to assist the Y in covering costs related to corrective maintenance and upkeep of facilities and grounds, and replacement and repair of equipment and supplies essential for community-based programming.

Item 14 Page 10 of 11
• Field equipment, court equipment, scoreboards, goals, and nets required for recreational sports activities
• Equipment for maintenance of fields, courts, and playground, minor graffiti removal on Y grounds (if necessary), and corrective repair or removal of safety hazards In order for the City to consider expending funds on eligible wear and tear, the Y must provide a brief description of the item(s) needed and Vernon’s proportionate associated cost in advance of any purchase. The City will review a request from the Y and will determine whether funding for all or a portion of the requested item(s) is feasible. The City reserves the right to deny any wear and tear fund requests for maintenance, supplies, or equipment at the Y’s facilities/grounds.

Item 14 Page 11 of 11
City Council Agenda Report
Meeting Date: April 2, 2024
From: Daniel S. Wall, P.E., Director of Public Works
Department: Public Works
Submitted by: Carlos Velazquez, Engineering Aide
Subject
Contract with Southland Roofing Inc. for City Hall Roof Replacement - Contract No. 20240038 Recommendation
A. Find that the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines § 15301, because the project consists of the repair and maintenance of the existing City Hall Roof and involves negligible or no expansion of an existing use;
B. Accept the bid proposal from Southland Roofing Inc. as the lowest responsive and responsible bidder and reject all other bids;
C. Approve and authorize the City Administrator to execute a contract with Southland Roofing Inc, in substantially the same form as submitted, for the City Hall Roof Replacement Project in an amount not-to-exceed $411,500; and
D. Authorize a contingency amount of ten percent (10%) or $41,150 in the event of an unexpected changed condition in the project and grant authority to the City Administrator to issue change orders for an amount up to the contingency amount, if necessary.

Background
The existing roofing system on the east wing of City Hall is in extremely poor condition leading to significant leaks in various areas of the east wing during rainstorms. Originally installed in 2004, the roofing system is due for replacement in order to prevent further leaks and water damage to the building. Accordingly, Public Works staff determined the specifications for replacing the roof on the east wing of City Hall. The project consists of furnishing all labor, materials, equipment, and services as necessary to remove the existing roof system down to the insulation layer and install a new roof. The installation of TREMCO (Spec # 075216.12) SBS Modified Bituminous roof system will guarantee a twenty (20) year manufacturer’s warranty that will cover approximately 17,800 square feet or the entire east wing of City Hall.

Accordingly, on August 7, 2023, staff advertised the Notice Inviting Bids (NIB) for Contract No. 20240038 City Hall Roof Replacement Project in accordance with Vernon Municipal Code Section 3.32.070 (A) for competitive bidding. The NIB was posted on the City’s Planet Bids website. Staff utilized the template Notice Inviting Bid form documents and contract template approved by City Council. The bids for Contract No. 20240038 City Hall Roof Replacement were received and opened on August 29, 2023. The calculated results were as follows:

1. Southland Roofing Inc. $411,500

2. BEST Contracting Services Inc. $591,476

3. FC And Sons Roofing Inc. $608,096

4. Rite-way Roof Corporation $609,209

5. AME Builders Inc. $750,700

6. Commercial Roofing System Inc. $774,695

7. Letner Roofing Co. $935,000
Staff reviewed the bids and deemed that the bid received by Southland Roofing Inc. was the ..

Item 15 Page 1 of 235
lowest responsive and responsible bid. Based on a thorough bid evaluation, staff recommends the award of the proposed Construction Contract to Southland Roofing Inc.

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

Fiscal Impact
The fiscal impact is not-to-exceed $452,650, including a contingency amount of ten percent.

Sufficient funds are available in the General Fund, Public Works Department, Facilities Maintenance Division, Capital Outlay Account No. 011-040-415-660000 for the current fiscal year.

Attachments

1. Contract with Southland Roofing Inc. ..

Item 15 Page 2 of 235

STANDARD FORM OF

CONSTRUCTION CONTRACT BETWEEN

CITY AND CONTRACTOR
This Agreement is made and entered into at Vernon, California this day of , 20 , by and between the CITY OF VERNON, a California charter City and municipal corporation (hereinafter "City") and Southland Roofing Inc. a California corporation (hereinafter "Contractor"), for construction of City Hall Roof Replacement, Contract No. 20240038.

THE PARTIES HERETO AGREE AS FOLLOWS:

1. CONTRACT DOCUMENTS
The “Contract Documents” except for modifications issued after execution of this Agreement, shall consist of the following documents which are either attached hereto as exhibits or are incorporated into this Agreement by this reference, with the same force and effect as if set forth at length herein: A. Governmental Approvals including, but not limited to, permit s required for the Work
B. This Agreement
C. ExhibitA–General Conditions
D. Exhibit1– Performance Bond
E. Exhibit 2– Payment Bond
F. Exhibit3– Maintenance Bond(NOT REQUIRED - Warranty Provide by TREMCO) G. Exhibit
4– Insurance Requirement
H. Exhibit5– Storm Water of Intent to Comply with Minimum Requirement of Storm Water I. Exhibit6- Statement of Intent Comply with Minimum Requirement of the California COVID-19 Industry Guidance
J. Exhibit B – Special Provisions Specific for thisProject K. ExhibitC– Equal Employment Opportunity Practices Provisions L. Notice Inviting Bids
M. Instructions to Bidders
N. Bid Forms
O. Designationof Subcontractors
P. Bidding Addenda Nos. 1
2nd
April 24
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Item 15 Page 3 of 235

4. TIME FOR PERFORMANCE

3. SCOPE OF
WORK
Within the Contract Time
and for the stated Contract Sum, subject to adjustments thereto, and pursuant to the Contract Documents, the Contractor shall perform and provide all necessary: labor; services; supervision; materials; tools; equipment; apparatus; facilities; supplies; tools; permits, inspections, plan checks, and similar Governmental Approvals; temporary utilities; utility connections; and transportation necessary to complete the Work in strict conformity with the Contract Documents for:

City Hall Roof Replacement
Contract No. 20240038
Contract Time. Contractor shall achieve Substantial Completion of the Work within thirty (30) calendar ays from the Date of Commencement established in City's written otice to Proceed ("Contract Time"), subject to
adjustment in accordance with the Contract Documents. Contractor shall achieve Final Co pletion of the Work, within the time established by the Certificate of Substantial Completion issued by the City. The Contract Time may only be adjusted as permitted by this Construction Contract and the General Conditions.

Time is of the essence of this Agreement. Except when the Contract Documents state otherwise, time is of the essence in the performance of the Work. Contractor acknowledges that the time limits and deadlines set forth in the Contract Documents are reasonable for Contractor to perform and complete the Work.

Liquidated Damages. If Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time for Substantial Completion, Contractor shall pay City as liquidated damages the amount of two hundred and forty-five dollars ($245) per day for each calendar day occurring after the expiration of the Contract Time for Substantial Completion until Contractor achieves Substantial Comp etion of the entire Work, as required by Article 3 of the General Conditions of Contract.

Contractor Initial here: __E_f2__.

5. CON RACT SUM

2. REFERENCE DOCUMENTS
The following Reference Documents are not considered Contract Documents and were provided to the Contractor for informational purposes. Contractor may rely upon the technical data contained in such documents but not upon nontechnical data, interpretations, opinions or provisional statements contained therein:

A. Geotechnical Reports dated N/A
B. Sewer Utility Plans .l:!/A
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Item 15 Page 4 of 235
In consideration of the Contractor's full, comple
te, timely, and faithful performance of the Work required by the Contract Documents, City shall pay Contractor the sum of Four hundred eleven thousand and five hundred dollars/no cents
($411,500.00), payable as set forth in the General Conditions ("Contract Sum"). The actual direct cost of all Permit Fees is excluded from the Contract Sum, however Contractor's cost of administration and coordination of all Governmental Approvals and Utility Fees is included in the Contract Sum.

6. PERMIT FEE REIMBURSEMEN
T
In accordance with Paragraph 1.03 of the General Conditions, the City shall reimburse Contractor for the documented actual direct cost of Permit Fees, without Allowab e Mark-up, in addition to payment of the Contract Sum.

IN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and year first above written.

Executed at ( ,?S A"'t;ef €5
Contractor's Corporate Seal
, California.

Southland Roofing Inc.

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Southland Roofing Inc.

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Item 15 Page 5 of 235
CITY OF VERNON: By: ____________ _
Name:
____________ _
Title: _
____
_______
Date:
____________ _
ATTEST:

B
y: ____________ _
Name: _ Title: Deputy City Clerk
APPROVED AS TO FORM: By: __________ _
Name: Zaynah N. Moussa
Title: City Attorney

CONTRACTOR'S SIGNATURE MUST BE NOTARIZED
City Administrator
Yonnie Parker
Carlos R. Fandino Jr.

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Item 15 Page 6 of 235
IC.AIUFORNJA JIYfU\"f WITH AFFiANT S'fA"fEMEN'f GOVERNMENT CODE§ 8202 ee Attached Document {Notary to cross out lines 1-6 below) □ See Statement Below (lines 1-6 to be completed only by document signer[s], not Notary} ---------
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Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer com
pleting this certificate verifies only the identib/ of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of
California
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� , ,.., ANDRE CLEO RICHARDSON II ;: ..... '.,.� Notary Pubiic - California !. Los Angeles County �
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Place Notary Seal and/or Stamp Above
Subscribed and sworn to (or affirmed) before me �rd �
on this __ _ day of JQ.Y\\lO,.{ '\ • 20 ;;14
by Date () Month Year
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proved to me on the basis of satisfactory evidence to
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Signature de
Signature of Notary --s.;,.Public
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Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Descri
ption of Attached Document 0e<�,·+ c..D O t��bu\S� Me{\t Title or Type of Document:_______ T re:_�--------- � --------- --
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Document Date: ________________ Numberof Pages:

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Signer(s) Other Than Named Above: __________________ '-___ (\ �°'jt-') ___ ©2017 National Notary Association
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Item 15 Page 7 of 235

EXHIBIT A GENERAL

CONDITIONS
ARTICLE 1 - PRELIMINARY PROVISIONS

1.01 DEFINITIONS
The following words shall have the following meanings:

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

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

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

C. 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).

D. Bid. A comp
lete 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.

E. Bid Alternate. An item of Wo
rk described in the Contract Documents as an Alternate Bid that will be added to or deducted from the Base Bid and the Contractor’s responsibility only if the City accepts the Bid Alternate.

F. Bid Forms: The City-prescribed forms which the Bidder shall complete and use to submit a Bid. The Bid Forms include: (1) Bidder’s Proposal; (2) Schedule of Bid Prices; (3) Incumbency Certificate; (4) Bid Bond; (5) Bidder’s Statement of Qualifications; (6) Experience Form; (7) Trades Experience Form; (8) Contractor Safety Questionnaire; (9) Designation of Subcontractors; (10) Affidavit of 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.).

G. Bidder. The individual, partnership, firm, corporation, joint venture or other legal entity submitting a bid on these Contract Documents or any part thereof.

H. 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.

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Item 15 Page 8 of 235
I. Change Order. A Change Order is a written document prepared by the City reflecting the agreement between the City and Contractor for: a change in the terms or conditions of the Contract, if any; a specific Scope Change in the Work; the amount of the adjustment, if any, in the Contract Sum; and the extent of the adjustment, if any, in the Contract Time.

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

K. City or Owner. The City of Vernon, California, acting through its City Council or other City officials authorized to act for the City, acting in its proprietary rather than regulatory capacity in connection with the Project.

L. Construction Change Directive. A written order prepar ed and signed by the City directing a change in
Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both.

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

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

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

O. 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.

P. 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.

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Item 15 Page 9 of 235
R. Correction Period. Correction Period is synonymous with the terms of the correction guarantee period used in the Contract Documents.

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

T. 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.

V. Drawing
s. The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams.

W. Extra Work. New or unforeseen work will be classified as Extra Work when determined by the City that the work is not described in, or reasonably inferable from, the Contract Documents, the work is not covered by any Bid line item or Allowance, and the work causes Contractor to incur additional and unforeseen costs.

X. Field Directive. See, “Work Directive.”
Y. 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.

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Item 15 Page 10 of 235
AA. Fragnet. The sequence of new activities that are proposed to be added to an existing schedule.

BB. Governmental Approval. Any approval, authorization, inspection, certification, consent, exemption, filing, permit, registration, plan check, ruling or similar authorization required by any federal, state or local law, regulation or procedures in order for Contractor to perform the Work.

CC. Guarantee. Assurance to City by Contractor or product manufacturer or other specified party, as guarantor, that the specified warranty will be fulfilled by the guarantor in the event of default by the warrantor.

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

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

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

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

HH. 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 Doc
uments may be the whole or a part and which may include construction by the City or by separate contractors.

JJ. Project Manual/Contract Package. The volumes of Contract Documents and reference documents assembled for the Work made available to Bidders.

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

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

MM. Specifications. The Specifications are the volume(s) assembled for the Work that includes, without limitation, the Bidding Documents, the Construction Contract and Exhibits, the General Conditions, Supplementary and/or Special Conditions, if any, the “GREENBOOK” STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2021 Edition), the Standard Plans for Public Works Construction (2021 Edition), State of California, Department of Transportation Standard Plans (2022 Edition) and State of California, Department of Transportation Standard Specifications (2018 Edition), and the City of Vernon Standard Plans.

NN. Specifications. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards, and workmanship for the Work and performance of related services, including, but not limited to, the Project Technical Specifications, Standard Specifications, if any, and any applicable Trade Association Specifications.

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Item 15 Page 11 of 235
OO. Substantial Completion. Substantial Completion is defined to mean the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents as determined by the City so that the City can occupy and utilize the Work for its intended use and as further defined in the Contract Documents.

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

RR. 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.

SS. 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 D
irective. A Work Directive is a unilateral written order issued by the City directing Contractor to continue performance of the Work or to perform a disputed change in the Work prior to agreement or adjustment, if any, in the Contract Sum, Contract Time, or both.

1.02REPRESENTATIVES
A. The Director shall be the representative of the City and, except as otherwise expressly provided herein, shall make all decisions and interpretations to be made by the City under the provisions of the Contract Documents.

B. The Contractor shall at all times be represented on the Work in person or by a duly designated agent.

Instructions and information given by the Director to the Contractor's agent on the Work shall be considered as having been given to the Contractor.

1.03 PERMITS, INSPECTIONS, PLAN CHECKS, AND SIMILAR GOVERNMENTAL APPROVALS AND

UTILITIES
A. 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 Utility Fees not listed in the Notice Inviting Bids.

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

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Item 15 Page 12 of 235
C. 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.

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

E. 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 Work.

1.04 LICENSES
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.

B. 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 co
vered by Allowances shall be supplied with such materials and equipment and for such prices approved in advance by City. Contractor shall notify and request City’s approval of material equipment, and pricing information for Work covered by an Allowance before ordering the material or equipment and in sufficient time to avoid delay to the Work. City shall provide approval of materials, equipment, and prices with reasonable promptness. The material, equipment, and pricing information submitted by the Contractor to the City’s Project Manager shall, at a minimum, include product data and detailed costs of material, equipment, and labor to complete such Work, itemized by costs incurred by Contractor and each subcontractor associated with the performance of such Work. Contractor shall not order materials or equipment or proceed with Work covered by an Allowance until the material, equipment, and pricing information for such Work items have been submitted to the City’s Project Representative for review and the Contractor has received City’s approval to proceed with a Work item covered by an Allowance.

D. All expenditures for Allowance Work shall be separat e
ly itemized in each Application for Payment.

E. 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 Su m
shall be increased by Change Order or Construction Change Directive to reflect the actual cost of the Allowance item. If Work items covered by an Allowance are not performed or the City deletes such items from the Scope of Work, the Contract Sum shall be reduced by Change Order or Construction Change Directive to deduct the Cost of the unused Allowance item .

1.06 WAIVER
A waiver by City of any breach of any term, covenant, or condition contained in the Contract Documents shall Southland Roofing Inc.

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Item 15 Page 13 of 235
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.

1.07 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.

1.08CONTRACT DRAWINGS
The City will accept no responsibility for errors resulting from misinterpretation or scaling of the Drawings.

1.09 SPECIFICATIONS AND DRAWINGS
A. The Contractor shall keep on the Work Site a copy of all Specifications, Drawings, and Change Orders pertaining to the Work and shall at all times give the Director access thereto. Anything mentioned in the Specifications and not shown on the Drawings or shown on the Drawings and not mentioned in the Specifications shall be of like effect as though shown or mentioned in both.

B. 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.

C. The Drawi
ngs shall not be scaled to determine dimensions, and in all cases shall be calculated from figures shown on the Drawings. Any discrepancies between scale and figured dimensions, not marked “not to scale,” must be brought to the Director’s attention before proceeding with the Work affected by the discrepancy.

D. 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.

E. For convenience, the Drawings and Specifications may be arranged in various trade subparagraphs, but suc
h 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 th e
location or provision in the Drawings and Specifications.

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

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

1.10 PRECEDENCE OF CONTRACT DOCUMENTS
A. In the event of conflict between any of the Contract Documents, the provisions placing a more stringent requirement on the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials unless otherwise directed by City in writing. In the event none of the Contract Documents place a more stringent requirement or greater burden Southland Roofing Inc.

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Item 15 Page 14 of 235
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. Gover
nmental Approvals including, but not limited to, permits required for the Work

2. Modifications issued after execution of the Contract (including modifications to Drawings and Specifications)

3. The Contract, including all exhibits, attachments, appendices and Addenda, with late r
Addenda having precedence over earlier Addenda

4. Special Conditions, if any

5. General Condition
s

6. Specifications

7. Drawings

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

1. Change Order Drawings

2. Addenda Drawings

3. Contract Drawings

4. Project Drawings

5. Standard Drawings

6. Detail Drawings

7. General Drawings

8. Figures

9. Scaled dimensions
C. Within the Specifications, the order of precedence is as follows:

1. Change Orders

2.Special Conditions

3. Project Technical Specifications

4. Standard Specifications, if any

5. Applicable Trade Association Specifications

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

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

1. List of Subcontractors at Project site.

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2. List of other contractors at Project site.

3. Approximate count of personnel at Project site.

4. Equipment at Project site.

5. Material deliveries.

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

7. Accidents.

8. Meetings and significant decisions.

9. Unusual events.

10. Stoppages, delays, shortages, and losses.

11. Meter readings and similar recordings
.

12. Emergency procedures.

13. Orders and requests of authorities having jurisdiction.

14. Change Orders received and implemented.

15. Construction Change Directives received and implemented.

16. Services connected and disconnected
.

17. Equipment or system tests and startups.

18. Partial completions and occupancies.

19. Substantial Completions authorized.

20. List of visitors to Project Site.
21 . List of personnel at Project Site including names and job classifications.

22. 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 Sup erintendent, 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 th e
satisfaction of the Director, at the Contractor's expense.

B. 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.

C. No direct payment will be made for the cost to the Contractor of any of the Work or delay occasioned by giving lines and grades, by making other necessary measurements, or by inspection.

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

B. The City will provide the appropriate rights of way and property for pipelines and structures. Upon approval by the Director, the Contractor may, without cost, use portions of any of the City's rights of way or property which may be suitable for working space and for storage of equipment and Southland Roofing Inc.

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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 of such additional areas at his/her own expense.

1.15 CONTRACTOR’S OPERATIONS/STORAGE 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]
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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 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.

2.03 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 Southland Roofing Inc.

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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:

Southland Roofing Inc.
145 S. Fairfax Ave #200
Los Angeles, CA 90036
Attention: Pier Pjerin Prenga, President
Phone: (818) 667-7768
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 o
f Vernon
Public Works Department
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Kenneth Jackson, Facilities Supervisor
Phone: (323) 583-8811 ext. 216
E-mail: [email protected]
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 Southland Roofing Inc.

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

C. Contractor shall copy City on all written correspondence pertaining to the Contract between Contractor and any Person other than Contractor's Subcontractors, consultants and attorneys.

D. Notification of Affected Residents/Businesses. The Contractor shall be responsible for distribution of the general information letter of the project to all affected residents and businesses. A project general information letter and sufficient copies thereof will be prepared by City staff for Contractor distribution to all residents, business establishments, and institutions fronting on or directly affected by the project.

The Contractor shall be responsible for distribution of said letter in handout form to all the appropriate residences and buildings in the subject area. Distribution shall be accomplished in a manner acceptable to the City Engineer and shall be five (5) working days prior to the beginning of construction operations in the immediate vicinity. In addition to the above, the Contractor shall be fully responsible for such other notifications as may be required related to necessary closures of streets, alleys, driveways, etc., or to unavoidable access or parking restrictions. These notifications shall apply wher e
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 distri
buted 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 ha s
been distributed to the affected residents and businesses.

If a Contractor is unable to adhere to his schedule as indicated on his written notification, then all the affected residents and places of business shall be re-notified of the revised schedule, in writing, as indicated above.

Contractor costs for all of the above notifications shall be considered as included in the appropriate items of the Bid Proposal.

E. Notification of Utilities – The provisions of Section 402 entitled "Utilities" of the “Greenbook” Standard Specifications shall apply. The Contractor shall contact the Underground Service Alert of Southern California (U.S.A.) at least two working days in advance of the construction work.

2.07 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.

2.08 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 Southland Roofing Inc.

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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.

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

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

C. The Contractor shall be considered the employer of the Subcontractors and shall be fully responsible to the City for the acts and omissions of Subcontractors and of persons employed by them as the Contractor is for the acts and omissions of persons directly employed by him/her.

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

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

F. 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 Southland Roofing Inc.

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

B. 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.

C. 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.

D. 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 COO

PERATION 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 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.

2.13 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.

2.14CONTRACTOR'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 th e
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.

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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. 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.

2. 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.

3. The Contractor shall remove from the vicinity of the completed Work all buildings, rubbish, unused material, concrete forms, and other materials belonging or used under his/her direction during construction. If Contractor fails to completely remove such items within a reasonable time the City may do so at the Contractor’s expense.

C.Laws and Regulations

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

2. Contractor shall, at all times, cause all his/her agents and employees to observe and comply with all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may become effective before Final Completion of this Contract.

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

4. If such applicable law requirement was not in effect on the date of submission of bids, any necessary adjustment of the Contract price shall be made as provided in Article 6 herein. If such applicable law requirement was in effect on said date of bid submission, no adjustment of Contract price will be considered.

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

2.15 WARRANTY AND CORRECTIONS
A. Warranty

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

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

3. 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 Contr
actor fails to commence correction or replacement of non-conforming Work within forty-eight (48) hours after receipt of written notice, the City will proceed to have defects repaired or replaced at the expense of the Contractor and its Performance Bond surety, plus fifteen percent (15%) for the City’s overhead Southland Roofing Inc.

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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. 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.

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

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

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

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

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

D. Any equipment or vehicles driven and/or operated within or adjacent to a street gutter, storm drain, runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that if introduced to water could be deleterious to aquatic life.

E. No debris, soil, silt, sand, bark, trash, sawdust, rubbish, cement or concrete or washings thereof, oil or Southland Roofing Inc.

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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 C
ONTROL
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 ar e
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
General BMPs
Scheduling and Planning
Spill Prevention and Control
Sanitary/Septic Waste Management
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
Flexible Pavement
Asphalt Cement Crack and Joint Grinding/ Sealing
Asphalt Paving
Structural Pavement Failure (Digouts) Pavement Grinding and Paving Emergency Pothole Repairs
Sealing Operations
Rigid Pavement
Portland Cement Crack and Joint Sealing
Mudjacking and Drilling
Concrete Slab and Spall Repair
Slope/Drains/Vegetation
Shoulder Grading
Nonlandscaped Chemical Vegetation Control
Nonlandscaped Mechanical Vegetation Control/Mowing
Nonlandscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub Removal
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Fe
nce Repair
Drainage Ditch and Channel Maintenance
Drain and Culvert Maintenance
Curb and Sidewalk Repair
Litter/ Debris/ Graffiti
Sweeping Operations
Litter and Debris Removal
Emergency Response and Cleanup Practices
Graffiti Removal
Landscaping
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
Environmental
Storm Drain Stenciling
Roadside Slope Inspection
Roadside Stabilization
Stormwater Treatment Devices
Traction Sand Trap Devices
Bridges
Welding and Grinding
Sandblasting, Wet Blast with Sand Injection and Hydroblasting Painting
Bridge Repairs
Other Structures
Pump Station Cleaning
Tube and Tunnel Maintenance and Repair
Tow Truck Operations
Toll Booth Lane Scrubbing Operations
Electrical Sawcutting for Loop Installation
Traffic Guidance
Thermoplastic Striping and Marking
Paint Striping and Marking
Raised/ Recessed Pavement Marker Application and Removal Sign Repair and Maintenance
Median Barrier and Guard Rail Repair
Emergency Vehicle Energy Attenuation Repair
Storm Maintenance Minor Slides and Slipouts Cleanup/ Repair Management and Support
Building and Grounds Maintenance
Storage of Hazardous Materials (Working Stock)
Material Storage Control (Hazardous Waste)
Outdoor Storage of Raw Materials
Vehicle and Equipment Fueling
Vehicle and Equipment Cleaning
Vehicle and Equipment Maintenance and Repair
Aboveground and Underground Tank Leak and Spill Control Southland Roofing Inc.

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

All construction projects, regardless o
f 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 define d
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
;
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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.g
ov/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 Southland Roofing Inc.

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Angeles Regional Water Quality Control Board (LARWQCB) or the U.S. Environmental Protection Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the City.

D. Best Management Practices
The objective of the SWPPP is to identify potential sourc es 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
www.cabmphandbooks.com
E. Implementation
Cashier
Los Angeles County DPW
900 South Fremont Avenue
Alhambra, CA 91803
Tel. No. (626) 458-6959
The Contractor will be responsible throughout the durat ion 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 are as 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 Southland Roofing Inc.

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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 imme
diately 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:

Kenneth Jackson, Facilities Supervisor ................................................. (323) 974-2391 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.

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In addition to any remedy authorized by law, any money due to the Contractor under this contract shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor have been satisfied.

J. Maintenance
The Contractor shall ensure the proper implementation and functioning of BMP control measures and s
hall 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, in cluding 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.

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SUMMARY OF SOLID WASTE DISPOSAL AND DIVERSION
Project Title: Specification No.

Type of Material (a) Disposed in
Class III Landfills
(b) Diverted from
Class III Landfills by
(c) [Leave This
Column Blank]
(d) Disposed in Inert
Fills
Tons/CY Tons/CY Tons/CY Tons/CY
Asphalt
Concrete
Metal
Other Segregated
Materials (Describe):

Miscellaneous
Construction Waste
Total
Form to be submitted to the City
SIGNATURE:

TITLE:

DATE:

2.19 RECYCLED, REUSABLE AND RECYCLABLE PRODUCTS
The Contractor is encouraged to propose recycled, reusable and recyclable products for use by the City.

Those items should be clearly identified. The City may require further information or documentation to ascertain the suitability/appropriateness of a proposed product. [END OF ARTICLE]
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ARTICLE 3 - TIME OF COMMENCEMENT AND COMPLETION

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

B. 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.

C. 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 thirty (30) 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 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.

3.03 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.

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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.

B. 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.

C. 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 excusabl e
and may entitle the Contractor to an equivalent extension of time, but not to any other compensation.

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

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

E. 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.

F. 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 Southland Roofing Inc.

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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.

H. Failure of the Contractor to give written notice of a delay, or to submit or document a claim for an extension of time or for damages resulting from delay in the manner and within the times stated above shall constitute a waiver of all claims thereto.

I. When a Contractor experiences two concurrent delays, one compensable and the other excusable, no compensation other than an extension of time will be allowed.

J. An extension of time must be approved by the Director to be effective, but an extension of time whether with or without consent of the sureties, shall not release the sureties from their obligations, which shall remain in full force until the discharge of the Contract.

3.05 CLIMATIC CONDITIONS
A. 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.

B. 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.

C. 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 onehalf 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 Completion with the County Recorder.

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3.07 LIQUIDATED DAMAGES
A. Contractor and City agree to liquidate damages in the amount of two hundred and forty-five dollars ($245) 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.

B. 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.

C. Contractor and City acknowledge and agree that the foregoing liquidated damages have been se t
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]
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ARTICLE 4 - CONSTRUCTION SCHEDULES

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

A. Format

1. At a minimum, the Baseline Project Schedule activities shall be coded on a work discipline basis and by geographic area or location on the Project. The Baseline Project Schedule shall include a detailed description of each activity code. The Baseline Project Schedule shall be based on and incorporate contract milestone and completion dates specified in the Contract Documents. It shall depict events, jobs, and their interrelationships and shall recognize the progress that must be made on one task before subsequent tasks can begin. The schedule shall be comprehensive and shall include all logical interdependencies and interactions required to perform the Work of the Project.

2. Overall time of completion and time of completion for each milestone shown on the Schedule shall adhere to the specified Contract Time, unless an earlier (advanced) time of completion is requested by Contractor, agreed to by the City and formalized by Change Order.

3. Contractor shall use the latest version of Microsoft Project or equivalent software agreed to by the parties.

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

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

B. Float

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

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

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

C. Weather (This section applies only to projects of one (1) year duration or longer) The c
ompletion time contemplated by this Contract anticipates zero (0) lost days (Work Days) due to normal weather conditions annually and prorated for any duration less than twelve months. Only unusual or extreme weather conditions, as determined by the National Oceanic and Atmospheric Administration, for the time of year will be considered as justification for an extension of time to complete the Project, and only after the zero (0) weather days have been utilized. Annual weather days are not cumulative, and unused days shall become “float” for the benefit of the project, and the schedule adjusted accordingly. The use of weather days by the Contractor shall be subject to all the conditions of claim for an extension of time. The Contractor shall notify the City in writing within ten (10) days of the commencement of each rain event.

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

4.02 SCHED

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

B. 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
.

C. 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 Southland Roofing Inc.

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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.

4.03NONCOMPENSABLE 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 O

F 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]
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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. the issuance of an order of a court or other public authority having jurisdiction; or b. an act of government, such as a declaration of national emergency making material unavailable; and Contractor has given City written notice within ten (10) days of the occurrence of such ground for termination, then the Contractor may, upon thirty (30) additional calendar days written notice to City, unless the reason has theretofore been cured, terminate its performance of the Work.

2. The Work is stopped for a period of 120 consecutive days through no act or fault of Contractor, any Subcontractor, Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, because th e
City has persistently failed to perform any material obligation under the Contract Documents and fails to cure such default within ninety (90) days after the receipt of notice from Contractor stating the nature of such default.

B. If Contractor terminates its performance of the Contract in accordance with this Paragraph 5.01, the City shall pay Contractor for the Work executed through the date of termination as set forth in Paragraph

5.04-C below.

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

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

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

3. Contractor fails to perform the Work in accordance with the Contract Documents, including conforming to applicable standards set forth therein in constructing the Project, or refuses to remove and replace rejected materials or unacceptable Work; or

4. Contractor discontinues the prosecution of the Work (exclusive of work stoppage: (a) due to termination by City; or (b) due to and during the continuance of a Force Majeure event or suspension by City); or
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5. Contractor fails to resume performance of Work which has been suspended or stopped, within a reasonable time after receipt of notice from City to do so or (if applicable) after cessation of the event preventing performance; or

6. Any representation or warranty made by Contractor in the Contract Documents or any certificate, schedule, instrument, or other document delivered by Contractor pursuant to the Contract Documents shall have been false or materially misleading when made; or

7. Contractor fails to make payment to Subcontractors or Material Suppliers for materials or labor in accordance with the respective Contract Documents and applicable law; or

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

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

10. Contractor becomes insolvent, is adjudicated bankrupt, or makes a general assignment for the benefit of creditors and fails to provide City with adequate assurances of Contractor’s ability to satisfy its contractual obligations.

A receiver, trustee, or other judicial officer shall not have any right, title, or interest in or to the Contract.

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

B. City’s Rights.

When any of the reasons specified in Paragraph 5.02-A exist, the City may, in addition to and without pre
judice 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 mach
inery thereon owned by the Contractor;

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

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

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

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

C. 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.

D. Wrongful Termination
If it has been adjudicated or otherwise determined that C ity has wrongfully terminated the Contractor
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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 PARTIA

L DELETION OR SUSPENSION OF WORK BY THE CITY
A. Contractor agrees that the City may determine whether any or all of the Work described in the Contract Documents shall be deleted or performance suspended without electing to terminate the Contractor’s performance under the Contract and without any penalty being incurred by the City.

B. Any such partial deletion or suspension of the Work shall in no way void or invalidate the Contract nor shall it provide Contractor with any basis for seeking payment from City for Work deleted or suspended except to the extent such Work has already been performed and is otherwise compensable under the Contract.

C. 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.

D. 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, Contracto r shall, at the City’s expense, comply with
its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Work Suspension Directive during the period of Work stoppage.

3. Within the period of suspension, or such extension to that period as is agreed upon by Contractor and the City, the City shall either cancel the Work Suspension Directive or delete the Work covered by such Work Suspension Directive by issuing a Change Order or Construction Change Directive.

4. If a Work Sus
pension 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 who le or in part, without liability to City
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for Contractor’s failure to:

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

2. Carry out the Contract; or

3. Carry out orders of City.

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

5.04 TERMINATION BY THE CITY FOR CONVENIENCE
A. Grounds
Without limiting any rights which City may have by reason of any default by Contractor hereunder, City may terminate Contractor’s performance of the Contract, in whole or in part, at any time, for convenience upon fifteen (15) calendar days written notice to Contractor.

B.Contractor Actions
Upon receipt of such notice, Contractor shall perform the duties required by Paragraph 5.05 below.

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

C. Compensation

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

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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, anticipate
d 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.

5.05CONTRACTOR’S DUTIES UPON TERMIN

ATION 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 item s
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]
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ARTICLE 6 – CHANGES

6.01 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.

6.02 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 C
HANGE
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 Southland Roofing Inc.

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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 CONST

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

B. 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).

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

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

E. 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.

F. 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:

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1. Lump Sum. By mutual acceptance of a lump sum proposal from Contractor properly itemized and supported by sufficient substantiating data to permit evaluation. Such proposal shall be based solely on Allowable Costs, as defined in Subparagraph 6.06-C, and Allowable Mark-Ups, as defined in Subparagraph 6.06-E, and shall not include any costs or expense that is no t
permitted by the terms of any provision of the Contract Documents.

2. Unit Prices. By unit prices contained in Contractor’s original Bid and incorporated in the Contract Documents or fixed by subsequent agreement between City and Contractor. Unless otherwise stated in the Bidding Documents, unit prices stated in the Contract Documents or agreed upon by the County and Contractor shall be deemed to include and encompass all Allowable Markups.

3. Time and Materials. By calculating the actual Allowable Costs directly incurred, plus a sum for Allowable Mark-Ups on such Allowable Costs.

4. Deletion of Work. By Unit Prices contained in Contractor’s original Bid and incorporated in the Contract Documents, or by using the Schedule of Values to determine the value of the decrease of the Contract Sum, less the value of any Work performed, plus a reasonable percentage of the decrease for the Contractor’s saved overhead unless the Schedule of Values allocates general conditions costs to individual line items, in which case no percentage of the decrease shall be added. When a change consists of both addition and deletion of Work, the added costs and deleted costs shall be calculated separately, and then added together, resulting in the net cost for the change. The Allowable Mark-Up shall be applied to this net cost.

B. Contractor Maintenance of Daily Records for Changes

1. In the event that Contractor is directed to perform any Extra Work, or should Contractor encounter conditions which the Contractor believes would obligate the City to adjust the Contract Sum and/or the Contract Time, Contractor shall maintain detailed records of the cost of such changes on a daily basis summarized in a daily report supplemented by back-up records. Such records shall include without limitation:
a. Labor. At the close of each day on which such Extra Work is performed, Contractor shall submit an Extra Work labor report, on forms provided by Director, to Director that sets forth a list of the actual hours spent in performing the Extra Work, that clearly differentiates between the labor expended on the Extra Work and other Work, and the Allowable Costs for such Extra Work performed that day showing the names of workers, their classifications, hours worked and hourly rates. b. Materia
ls, Equipment. A list of Allowable Costs of materials and equipment consumed in the performance of the Extra Work on the day on which such Extra Work is performed, together with copies of applicable delivery tickets and unit prices for all materials and for all equipment used the type of equipment, identification number, hours of operation (including loading and transportation) and hourly/daily rates involved for that day.
c. Other Servi
ces or Expenditures. A list of other services and expenditures constituting Allowable Costs incurred in performance of the Extra Work on the day on which such Extra Work is performed, along with documentation verifying the amounts thereof in such detail as Director may require.

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2. In the event that more than one change to the Work is performed by the Contractor in a calendar day, Contractor shall maintain separate records of labor, construction equipment, materials, and equipment for each such change. In the event that any Subcontractor of any tier shall provide or perform any portion of any change to the Work, Contractor shall require that each such Subcontractor maintain records in accordance with this Section.

3. Each daily record maintained hereunder shall be signed by Contractor; such signature shall be deemed Contractor’s representation and warranty that all information contained therein is true, accurate, complete, and relates only to the change referenced therein. All records maintained by Subcontractors of any tier, relating to the costs of a change in the Work shall be signed by such Subcontractor’s authorized project manager or superintendent.

All such records shall be forwarded to the Director on the day the Work is performed (same day) for independent verification. The Director shall attempt to review and reconcile costs for changes on a daily basis. Records not available on the day on which the Extra Work is performed, such as, but not limited to, material invoices, shall be submitted as soon as they are available but not later than five (5) calendar days after the earlier of the day of delivery or incorporation of the particular item of Extra Work at the Site.

4. The Director may additionally require authentication of all time and material tickets and invoices by persons designated by the Director for such purpose. In the event that Contractor shall fail or refuse, for any reason, to maintain or make available for inspection, review, and/or reproduction such records, adjustments to the Contract Sum or Contract Time, if any, on account of any change to the Work may be deemed waived for that day. Contractor’s obligation to maintain back-up records hereunder is in addition to, and not in lieu of, any other Contractor obligation under the Contract Documents with respect to changes to the Work.

5. Waiver by Contractor. Failure to submit such records as are required by this Paragraph daily shall waive any rights for recovery of Allowable Costs incurred for Extra Work performed that day. The failure of the Contractor to secure any required authentication shall, if the City elects in its sole discretion to treat it as such, constitute a waiver by the Contractor of any right to adjustment of the Contract Sum for the Allowable Cost of all or that portion of the Extra Work covered by such non-authenticated ticket or invoice.

C. Allowable Costs
The term “Allowable Costs” shall mean in the case of Extra Work actual costs incurred by Contractor and/or any Subcontractor, regardless of tier, and necessarily involved in direct performance of the Extra Work, or in the case of deleted work the actual costs that would have been incurred in performing deleted work by Contractor and/or any Subcontractor, regardless of tier, and shall be limited to the following costs:

1. Labor. Straight-time wages or salaries, and overtime wages and salaries specifically authorized by City in writing, for employees employed at the site, or at fabrication sites off the site, in the direct performance of the Extra Work or that would have been incurred in the direct performance of the deleted work, based on the actual cost for wages prevailing locally for each craft or type of workers at the time the Extra Work is done or the deleted work is ordered eliminated. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The use of labor classification which would increase the Allowable Cost for Extra Work will not be permitted unless Contractor establishes the necessity for such additional costs.

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2. Benefits. Payroll taxes, insurance, health and welfare, pension, vacation, apprenticeship funds and benefits required by lawful collective bargaining agreements for employees on straight-time wages or salaries, and on overtime wages and salaries specifically authorized by City in writing, for employees employed at the site, or at fabrication sites off the site, in the direct performance of the Extra Work or that would have been incurred in the direct performance of the deleted work.

3. Materials, Consumables. Costs of materials and consumable items which are furnished and incorporated into the Work, as approved by City, or that would have been incorporated into the Work in the case of deleted work shall be at the lowest price available to Contractor but in no event shall such costs exceed competitive wholesale prices obtainable from other Subcontractors, suppliers, manufacturers and distributors in the general vicinity of the site. If City determines, in its discretion, that the cost of materials is excessive, or if Contractor fails to furnish satisfactory evidence of the cost from the actual supplier thereof, then in either case the cost of the materials shall be deemed to be the lowest wholesale price at which similar materials are available in the quantities required at the time they were needed. The City reserves the right to furnish such materials as it deems advisable, and Contractor shall have no claim for costs or profits on materials so furnished. Material invoices must be included with the extra work report to obtain payment.

4. Taxes. Sales taxes on the costs of materials and consumable items described in Paragraph

5.04-C.3 above.

5. Tool, Equipment Rental. Rental charges for necessary machinery and equipment, whether owned or hired, as authorized in writing by City, exclusive of hand tools, used directly in the performance of the Extra Work or that would have been used in the direct performance of the deleted work. Regardless of ownership, such rental charges shall not exceed the hourly rate derived from the most recently published “Rental Rate Blue Book for Construction Equipment” or the “Rental Rate Blue Book for Older Construction Equipment,” as published by K-111, San Jose, California, which is in effect at the time of commencement of the changed work. The Contractor shall attach a copy of the rate schedule to the daily reports required by Paragraph

6.06-B, above. The charges for any machinery and equipment shall cease when the use thereof is no longer necessary for the Extra Work or deleted work. No charge shall be allowed for use of equipment or tools which have a replacement value of $500 or less. The allowable rental rates shall include the cost of fuel, power oil, lubrication, supplies, small tools, necessary attachments, loading, transportation, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Notwithstanding the provisions of Paragraph 6.06-E below, no mark-up shall be allowed for overhead, profit or bond premiums for use of equipmen t
if the equipment is supplied by an equipment rental firm. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to City than holding it at the Site, it shall be returned, unless Contractor elects to keep it at the Site at no expense to City.

Costs incurred while equipment is inoperative due to breakdowns, regular maintenance, or fo r
non-Working Days shall not be allowed. The rental time shall include the time required to move the equipment to the Work from the nearest available source for rental of such equipment and to return it to the source. If such equipment is not moved by its own power, then loading and transportation will be allowed. Neither moving time nor loading and transportation costs will be paid if the equipment is for use on the Project unrelated to the Extra Work. All equipment shal l
be acceptable to City, in good working condition, and suitable for the purpose for which it is to be used.

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6. Royalties. Additional or saved costs of royalties due to the performance of the Extra Work or deleted work.

7. Insurance, Bonds. Additional or saved costs of insurance and bonds, provided, however, that for Extra Work such costs shall not exceed one percent (1%) of Items 1 through 6 above.

D. Costs Not Allowed
Allowable Costs shall not include any of the following:

1. Wages, salaries, fringe benefits and payroll taxes of Contractor’s and all Subcontractor’s noncraft labor (above a Foreman level);

2. Overhead (including home office overhead), administrative or general expenses of any kind including engineering, estimating, scheduling, drafting, detailing, etc., incurred in connection with Extra Work;

3. Vehicles not dedicated solely for the performance of the extra of deleted work;

4.Small tools (replacement value not exceeding $500);

5. Office expenses, including secretarial and administrative staff, materials and supplies;

6. On-site and off-site trailer and storage rental and expenses;

7. Site fencing;

8. Utilities, including gas, electric, sewer, water, telephone, telefax, copier equipment;

9. Computer and data processing personnel, equipment and software; 10 . Federal, state of local business income and franchise taxes; 11 . Losses of efficiency or productivity; and

12. Costs and expenses of any kind or item not specifically and expressly included in Paragraph

6.06-C.

E. Allowable Mark-Up

1. Extra Work by contractor (Markup): The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profits:

Labor 33%
Materials 15%
Equipmen
t Rental 15%
Other Items and Expenditures 15%

2. Extra Work by Subcontractor (Markup): When all or any part of the extra work is performed by a Subcontractor, the markup provided for the Contractor in 6.06.E.1 shall apply to the Subcontractor’s actual costs. A markup of 5% on the subcontracted portion of each extra work may be added for the Contractor
.

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F. Net Allowable Costs
If anyone scope change involves both Extra Work and deleted work in the same portion of the Work and the additive allowable costs exceed the deductive allowable costs, the Allowable Markups on the Extra Work will be only the difference between the two amounts.

6.07 CITY ORIGINATED REQUEST FOR ITEMIZED CHANGE ORDER PROPOSAL REQUEST City may issue a Construction Change Directive or other written request to Contractor describing a proposed change to the Work and requesting the Contractor submit an itemized change order proposal in a format acceptable to City within ten (10) calendar days after City issues the request. The Contractor's change order proposal shall include an analysis of impacts to cost and time, if any, to perform additional work, change Work or delete Work, as applicable, including the effects and impacts, if any, on unchanged Work, estimates of costs (broken down by the cost categories listed in this Paragraph), and Contractor's proposed methods to minimize costs, delay, and disruption to the performance of the Work. If Contractor fails to submit a written change order proposal within such period of time, it shall be presumed that the change described in the City's original proposal request will not result in an increase to the Contract Sum or Contract Time and the change shall be performed by Contractor without additional compensation to Contractor. City's request for itemized change order proposal request does not authorize the Contractor to commence performance of the change. If City desires that the proposed change be performed, the Work shall be authorized according to the Change Order or Construction Change Directive procedures set forth herein.

6.08 CONTRACTOR ORIGINATED CHANGE ORDER REQUEST (COR)
If the Contractor believes that instructions issued by the City after the effective date of the Contract will result in changes to the Contract Sum or Contract Time or if the Contractor otherwise becomes aware of the need for or desirability of a change in the Work, Contractor may submit a written Change Order Request ("COR") to the City in writing, in a format acceptable to City and in accordance with the notice provisions and other requirements of Article 7 below for Claims. The COR must specify the reasons for the proposed change, cost impacts and relevant circumstances and impacts on the Construction Schedule. The document shall be complete in its description of the Work, its material and labor quantities and detail, and must support and justify the costs and credits claimed by the Contractor. A Critical Path Method schedule Fragnet is required to support and justify any additional time of performance requested by the Contractor. The City will not review any COR which is incomplete. The Contractor may request additional compensation and/or time through a COR but not for instances that occurred more than ten (10) calendar days prior to the notice date. Contractor's failure to initiate a COR within this ten-day period or to provide detailed back-up documentation to substantiate the COR within thirty (30) calendar days of the initial written notice shall be deemed a waiver of the right to adjustment of the Contract Sum or the Contract Time for the alleged change. Any COR that is approved by the City shall be incorporated in a Change Order or Construction Change Directive. If the COR is denied but the Contractor believes that it does have merit, the Contractor shall proceed with the disputed Work and may submit a Claim in accordance with the procedures set forth herein.

6.09 ISSUANCE OF WORK DIRECTIVE (UNILATERAL).

In the event of a dispute as to whether or not Extra Work is required, City shall have the right to unilaterally issue a Work Directive; Contractor shall continue performance of disputed Work pending resolution and shall maintain and submit to City all accounting and cost data necessary to substantiate Contractor’s cost of such disputed Work.
[END OF ARTICLE]
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ARTICLE 7 - CONTRACT PAYMENTS AND CLAIMS

7.01 GENERAL
A. Payment will be made at the price for each item listed on the bidding form or as Extra Work as provided in the General Conditions.

B. Initial progress payment will not be made prior to approval by the Director of the Schedule of Values, the Construction Progress Schedule, and the Schedule of Submittals.

C. No subsequent progress payment will be made prior to receipt by the Director of the monthly revision of the Construction Progress Schedule.

7.02 SCHEDULE OF VALUES FOR PAYMENTS
A. Submission
Upon City’s request, the three (3) lowest bidders shall complete and submit a Preliminary Schedule of Values, within seven (7) calendar days.

In addition, Contractor shall complete and furnish within seven (7) calendar days after receiving the Notice of Award of the Construction Contract a Final Schedule of Values giving a complete breakdown of the Contract Sum for each component of the Work.

B. Content
The Schedule of Values shall be in sufficient detail as the Director may, in its discretion, deem necessary to evaluate progress at any point in the performance of the Work. Unless otherwise specified in the Contract Documents, the Schedule of Values shall include, without limitation, a breakdown of the general categories of Subcontractor work, direct overhead, profit and contingency, and a further breakdown of the general categories of Subcontractor work into separate trade line items of costs for Subcontractor services, labor and material, which is based on actual Subcontracto r
contract, subcontract, purchase order or vendor prices. If requested by Director, Contractor shall revise the Schedule of Values to allocate sums for Contractor overhead, profit and/or contingenc y
among the individual line items for trade portions of the Work. No amounts shall be reflected in the Schedule of Values or Application for Payment for Extra Work or Deleted Work for which a Change Order has not been executed by Contractor and City or for which a Construction Change Directive has not been issued by City. Amounts that have been mutually agreed to by Change Order or unilaterally determined by City pursuant to a Construction Change Directive shall be segregated from the cost of the base Contract Work and separately listed by line item in the Schedule of Values. The Schedule of Values must be prepared in sufficient detail and supported by sufficient data to substantiate its accuracy as the Director may require.

C. Applications for Payment
The Schedule of Values, when approved by the Director, shall be used as a basis for Contractor's Applications for Payment and may be considered as fixing a basis for adjustments to the Contract Sum.

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D. Revisions
If, at any time, it is determined that the Schedule of Values does not allocate the Contract Sum in a manner that reasonably and fairly reflects the actual costs anticipated to be progressively incurred by Contractor, it shall be revised and resubmitted for the Director’s approval.

7.03APPLICATIONS FOR PAYMENT
A. Marked Schedule of Values
Five (5) Days prior to the date set forth in Paragraph 7.03-B below for the monthly progress payment meeting, Contractor shall submit to Director a copy of the proposed Schedule of Values, marked to show the percentage of completion certified by Contractor for each line item in the Schedule of Values, including any stored materials approved for payment by City pursuant to Paragraph 7.03-D, below and any withholdings from Contractor proposed by Director.

B. Monthly Re
view
For the purpose of expediting the progress payment procedure, Contractor shall meet with the Director on or before the twentieth (20th) day of each month to review the Contractor's marked Schedule of Values prepared in accordance with Paragraph 7.03-A, above. The Director shall revise as appropriate and sign the marked Schedule of Values to verify such review. If any item in the marked Schedule of Values submitted for payment is disputed during this review, Contractor agrees to use its best efforts to resolve the disputed items with the Director before submitting its Applicatio n
for Payment. If the Director and Contractor cannot agree, then the percentage completion shall be established at such percentage as the Director, in good faith, determines is appropriate to the actual progress of the Work. No inaccuracy or error in the Director’s good faith estimate shall operate to release Contractor or Surety from any responsibility or liability arising from or related to performance of the Work. The Director shall have the right subsequently to correct any error and dispute any item submitted in Contractor's Application for Payment, regardless of whether an item was identified as disputed in the review process provided for herein.

C. Certification
Each Application for Payment shall be signed and certified by Contractor under penalty of perjury to City that:

1. The data comprising the Application for Payment is accurate and the Work has progressed to the point indicated;

2. To the best of Contractor's knowledge, information and belief, the Work is in accordance with the Contract Documents;

3. Contractor is entitled to payment in the amount certified; and

4. All sums previously applied for by Contractor on account of Work performed by Subcontractors and that have been paid by City have been paid to the Subcontractors performing such Work, without any retention, withholding or backcharge by Contractor.

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D. Stored Materials
Payments may be made by City, at its discretion, on account of materials or equipment not incorporated into the Work but delivered on the ground at the Site and suitably stored by Contractor or stored off-Site under the control of City. Such payments shall only be considered upon submission by Contractor of satisfactory evidence that it has acquired title to same, that the material or equipment will be utilized in the Work and that the material is satisfactorily stored, protected and insured, and that such other procedures are in place satisfactory to City to protect City's interests. To be considered for payment, materials or equipment stored off-Site shall, in addition to the above requirements and unless otherwise specifically approved by City in writing, be stored in a bonded warehouse, fully insured, and available to City for inspection. City shall have sole discretion to determine the amount of material and equipment that may be stored on the Site at any given time.

7.04 PROGRESS PAYMENTS
A. Conditions to Progress Payments
Contractor shall submit its Application for Payment to the Director, using such forms as required by City, once a month on or before the first (1st) Day of the month following the month in which the Work that is the subject of such Application for Payment was performed. Without limitation to any other provisions of the Contract Documents, the following shall be conditions precedent to a proper submission and to the Director approval of each Application for Payment:

1. Submission of a Schedule of Values that reflects the percentages of completion either agreed to or determined by Director in accordance with Paragraph 7.03-B, above;

2. Submission of the Contractor's certification required by Paragraph 7.03-C, above;

3. Submission of conditional releases of stop notice, if any, and bond rights upon progress payment, complying with California Civil Code Section 8132, for all Work performed during the time period covered by the current Application for Payment, signed by Contractor, its Subcontractors of every tier, and all material suppliers to each, and (2) forms of unconditional release of stop notice and bond rights upon progress payment, complying with California Civil Code Section 8134 for all Work performed during the time period covered by the previous Application for Payment, signed by Contractor, its Subcontractors of every tier and all material suppliers to each;

4. Compliance by Contractor with its obligation for maintenance of As-Builts as required by the Contract Documents;

5. Compliance by Contractor with its obligation for submission of monthly and daily reports as required by the Contract Documents;

6. Compliance by Contractor with its obligations for submission of scheduling information and updating of the Construction Schedule as required by Article 4, above and other provisions of the Contract Documents pertaining to preparation or updating of schedule information;

7. Submission of certified payroll records as re
quired by the Contract Documents;

8. Submission of certifications by Contractor and each Subcontractor as required by applicable collective bargaining agreements certifying that all employee benefit contributions due and Southland Roofing Inc.

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owed pursuant to any applicable collective bargaining agreement have been paid in full; and

9. Compliance by Contractor with all of its other obligations for submission of documentation or performance of conditions which, by the terms of the Contract Documents, constitute conditions to Contractor's right to receive payment for Work performed.

B. Payments by C
ity
Pursuant to California Public Contract Code Section 20104.50, City shall make progress payment of undisputed sums due within thirty (30) Days after receipt by Director of an undisputed and properly submitted Application for Payment, calculated on the basis of ninety-five percent (95%) of value determined pursuant to Paragraph 7.03-B above of the following:

1. The portion of the Work permanently installed and in place;

2. Plus, the value of materials delivered on the ground or in storage as approved by City pursuant to Paragraph 7.03-D, above,

3. Less, the aggregate of previous payments, and

4. Less, any other withholdings authorized by the Contract Documents.

C. Rejection by City
Any A
pplication for Payment determined not to be undisputed, proper and suitable for payment shall be returned to Contractor as soon as practicable, but not later than seven (7) Days, after receipt by City accompanied by an written explanation of the reasons why the payment request was rejected.

Failure by City or Director to either timely reject an Application for Payment or specify any grounds for rejection shall not constitute a waiver of any rights by City. Applications for Payment that are rejected shall be corrected and resubmitted within seven (7) Days after receipt by Contractor.

D. Interest
If City fails to make a progress payment to Contractor as required by Paragraph 7.04-B, above, City shall pay interest to Contractor equivalent to the legal rate set forth in subdivision (a) of California Code of Civil Procedure Section 685.010. The number of Days available to City to make payment pursuant to Paragraph 7.04-B, above without incurring interest pursuant to this Paragraph shall be reduced by the number of Days by which City exceeds the seven (7) Day return requirement applicable to City as set forth in Paragraph 7.04-C, above.

7.05 FINAL PAYMENT
A. Retention
ln addition to withholdings permitted by Paragraph 7.09 below, a sum equal to five percent (5%) of all sums otherwise due to Contractor as progress payments shall be withheld by city pursuant to Paragraph 7.04-B from each progress payment (“Retention”) and retained until such time as it is due as described herein. A higher Retention amount may be approved by the City Council where project is deemed “substantially complex” by City Council.

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B. Conditions to Final Payment
Contractor shall submit its Application for Final Payment, using such forms as required by Director, prior to requesting a final inspection of the Work in accordance with Paragraph 3.06 above. Such Application for Final Payment shall be accompanied by all the following:

1. An affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Project for which City or City's property or funds might be liable have been paid or otherwise satisfied;

2. Contractor’s certification as required by Paragraph 7.03-C, above;

3. Consent of surety, if any, to Final Payment;

4. A certificate evidencing that the insurance required by the Contract Documents is in force;

5. Conditional Waiver and Release Upon Final Payment in the form required by California Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all material suppliers of each, covering the final payment period;

6. Unconditional Waiver and Release Upon Progress Payment in the form required by California Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all material suppliers of each, covering the previous payment period;

7. All Record Documents (including, without limitation, complete and accurate As-Built drawings whi
ch shall be kept up to date during the performance of the Work);

8. Documentation that Contractor has inspected, tested, and adjusted performance if every system or facility of the Work to ensure that overall performance is in compliance with the terms of the Contract Documents;

9. Four (4) copies of all warranties from vendors and Subcontractors, operation and maintenance manuals, instructions and related agreements, and equipment certifications and similar documents;

10. Certifications by Contractor and each Subcontractor as required by applicable collective bargaining agreements that all employee benefit contributions due and owing pursuant to any applicable collective bargaining agreement have been paid in full;

11. Releases of rights and claims relating to patents and trademarks, as required by the Contract Documents; and

12. Any other documents or information required by the Contract Documents as a condition of Final Payment or Final Completion.

C. Final P
ayment
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of Completion to Contractor, the Final Payment, including Retention, shall be released to Contractor, subject to the City’s right to withhold 150% of any disputed amounts.

D. Disputed Amounts
Pursuant to California Public Contract Code 7107, City may deduct and withhold from the Final Payment due under Paragraph 7.05-C, above, an amount up to 150% of any disputed amounts, including, without limitation, amounts to protect City against any loss caused or threatened as a result of Contractor's failing to fully perform all of those obligations that are required to be fulfilled by Contractor as a condition to Final Completion and Final Payment. Alternatively, City may elect, in its sole discretion, to accept the Work without correction or completion and adjust the Contract Sum pursuant to the Contract Documents.

E. Acceptance of Final Payment
Acceptance of Final Payment by Contractor shall constitute a waiver of all rights by Contractor against City for recovery of any loss, excepting only those Claims that have been submitted by Contractor in the manner required by the Contract Documents prior to or at the time of the Final Payment.

7.06MISCELLANEOUS
A. Joint Payment
City shall have the right, if deemed necessary in its sole discretion, to issue joint checks made payable to Contractor and any Subcontractor(s) of any Tier. The joint check payees shall be solely responsible for the allocation and disbursement of funds included as part of any such joint payment.

Endorsement on such check by a payee shall be conclusively presumed to constitute receipt of payment by such payee. In no event shall any joint check payment be construed to create any contract between City and a Subcontractor of any Tier, any obligation from City to such Subcontractor or any third party rights against City or Director.

B.Withholding/Duty to Proceed
The payment, withholding or retention of all or any portion of any payment claimed to be due and owing to Contractor shall not operate in any way to relieve Contractor from its obligations under the Contract Documents. Contractor shall continue diligently to prosecute the Work without reference to the payment, withholding or retention of any payment. The partial payment, withholding or retention by City in good faith of any disputed portion of a payment, whether ultimately determined to be correctly or incorrectly asserted, shall not constitute a breach by City of the Construction Contract and shall not be grounds for an adjustment of the Contract Sum or Contract Time.

C. No Accep
tance
No payment by City or partial or entire use of the Work by City shall be construed as approval or acceptance of the Work, or any portion thereof.

D. Contractor Payment Warranty
Submission of an Application for Payment shall constitute a representation and warranty by Contractor that:

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1. Title to Work covered by an Application for Payment will pass to City either by incorporation into the construction or upon receipt of payment by Contractor, whichever occurs first; and

2. Work covered by previous Applications for Payment are free and clear of liens, stop notices, claims, security interests or encumbrances imposed by the Contractor or any other person.

E. Corrections
No inaccuracy or error in any Application for Payment provided by Contractor shall operate to release Contractor from the error, or from losses arising from the Work, or from any obligation imposed by the Contract Documents. City retains the right to subsequently correct any error made in any previously approved Application for Payment, or progress payment issued, by adjustments to subsequent payments.

7.07 PAYMENTS BY CONTRACTOR
Contractor shall not include in its Applications for Payment sums on account of any Subcontractor's portion of the Work that it does not intend to pay to such Subcontractor. Upon receipt of payment from City, Contractor shall pay the Subcontractor performing Work on the Project, out of the amount paid to Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled in accordance with the terms of its contract with Contractor and applicable laws, including, without limitation, California Public Contract Code Section 7107. Contractor shall remain responsible notwithstanding a withholding by City pursuant to the terms of these Contract Documents, to promptly satisfy from its own funds sums due to all Subcontractors who have performed Work that is included in Contractor's Application for Payment. Contractor shall, by appropriate agreement, require each Subcontractor to make payments to its subcontractors and material suppliers in similar manner. City shall have no obligation to pay or be responsible in any way for payment to a Subcontractor of any tier or material supplier.

7.08 PAYMENTS WITHHELD
A. Withholding by City
In addition to any other amounts which City may have the right to retain under the Contract Documents, City may withhold a sufficient amount of any payment otherwise due to Contractor as City, in its sole discretion, may deem necessary to cover actual or threatened loss due to any of the following:

1. Third Party Claims. Third-party claims or stop notices filed or reasonable evidence indicating probable filing of such claims or stop notices. City shall promptly inform Contractor of any third party claims related to this Contract;

2. Defective Work. Defective Work not remedied;

3. Nonpayment. Failure of Contractor to make proper payments to its Subcontractors for services, labor, materials or equipment;

4. Inability to Complete. Reasonable doubt that the Work can be completed for the then unpaid balance of the Contract Sum or within the Contract Time; Southland Roofing Inc.

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5. Violation of Applicable Laws. Failure of Contractor or its Subcontractors to comply with applicable laws or lawful orders of governmental authorities;

6. Penalty. Any claim or penalty asserted against City by virtue of Contractor’s failure to comply with applicable laws or lawful orders of governmental authorities (including, without limitation labor laws);

7. Failure to Meet Contract Time. Any damages which may accrue as a result of Contractor failing to meet the Construction Schedule or failing to perform within the Contract Time;

8. Setoff. Any reason specified elsewhere in the Contract Documents as grounds for a withholding offset or set off or that would legally entitle City to a set-off or recoupment;

9. Consultant Services. Additional professional, consultant or inspection services required due to Contractor’s failure to comply with the Contract Documents;

10. Liquidated Damages. Liquidated damages assessed against Contractor;

11. Materials. Materials ordered by City pursuant to the Contract Documents; 12 . Damages. Loss caused by Contractor or Subcontractor to City, Separate Contractors or any other person or entity under contract to City;

13. Clean Up. Clean up performed by City and chargeable to Contractor pursuant to the Contract Documents;

14. Employee Benefits. Failure of Contractor to pay contributions due and owing to employee benefits funds pursuant to any applicable collective bargaining agreement or trust agreement;

15. Required Documents. Failure of Contractor to su
bmit on a timely basis, proper and sufficient
documentation required by the Contract Documents, including, without limitation, Construction Schedule updates, ‘look ahead’ schedules, Submittals, Schedules of Values, information on Subcontractors, Change Orders, certifications and other required reports or documentation; and

16. Other Breach. A breach of any obligation or provision of the Contract Documents.

B. Release of Withholding
If and when City determines, in its sole discretion, that the above grounds for withholding have been removed and that all losses incurred or threatened have been paid, credited or otherwise satisfied, then payment shall be made for amounts withheld because of them.

C. Application of Withholding
City may apply sums withheld pursuant to Paragraph 7.08-A above, in payment of any loss or threatened loss as City determines, in its sole discretion, to be appropriate. Such payments may be made without a prior judicial determination of City’s actual rights with respect to such loss. Contractor agrees and hereby designates City as its agent for such purposes, and agrees that such payments shall be considered as payments made under Construction Contract by City to Contractor. City shall not be liable to Contractor for such payments made in good faith. City shall submit to Contractor an accounting of such funds disbursed on behalf of Contractor. As an alternative to such payment, City Southland Roofing Inc.

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may, in its sole discretion, elect to exercise its right to adjust the Contract Sum as provided in the Contract Documents.

D. Continuous Performance
Provided City pays the undisputed portion, if any, of funds withheld in good faith, Contractor shall maintain continuous and uninterrupted performance of the Work during the pendency of any disputes or disagreements with City.

7.09 SUBSTITUTION OF SECURITIES
A. Public Contract Code
Pursuant to the requirements of California Public Contract Code Section 22300, upon Contractor’s request, City will make payment to Contractor of any funds withheld from payments to ensure performance under the Contract Documents if Contractor deposits with City, or in escrow with a California or federally chartered bank in California acceptable to City (“Escrow Agent”), securities eligible for the investment of State Funds under Government Code Section 16430, or bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City, upon the following conditions:

1. Contractor shall be the beneficial owner or any securities substituted for monies withheld for the purpose of receiving any interest thereon.

2. All expenses relating to the substitution of securities under Public Contract Code Section 22300 and under this Paragraph 7.04, including, but not limited to City’s overhead and administrative expenses, and expenses of Escrow Agent shall be the responsibility of Contractor.

3. Securities or certificates of deposit substituted for monies withheld shall be of a value of at least
equivalent to the amounts of retention to be paid to Contractor pursuant to the Contract Documents.

4. If Contractor chooses to deposit securities in lieu of monies withheld with an Escrow Agent, Contractor, City and Escrow Agent shall, as a prerequisite to such deposit, enter into an escrow agreement, using the City’s form, “Escrow Agreement for Deposit of Securities in Lieu of Retention.”

5. Contactor shall obtain the written consent of Surety to such agreement.

6. Securities, if any, shall be returned to Contractor only upon satisfactory Final Completion of the Work.

B. Substitute Security
To minimize the expense caused by such substitution of securities, Contractor shall, prior to or at the time Contractor requests to substitute security, deposit sufficient security to cover the entire amount to be withheld. Should the current market value of such substituted security fall below the amount for which it was substituted, or any other amounts which the City withholds pursuant to the Contract Documents, Contractor shall immediately and at Contractor’s expense and at no cost to City deposit additional security qualifying under Public Contract Code Section 22300 until the current market value of the total security deposited is no less than the amount subject to withholding under the Contract Southland Roofing Inc.

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Documents. Securities shall be valued as often as conditions of the securities market warrant, but in no case less frequently than once per month.

C. Deposit of Retentions
Alternatively, subject to the conditions set forth in Paragraph 7.04-A above, upon request of Contractor, City shall make payment of retentions directly to Escrow Agent at the expense of Contractor, provided that Contractor, City and Escrow Agent shall, as a prerequisite such payment, enter into an escrow agreement in the same form as prescribed in Part 4 of Paragraph A, above. At the expense of Contractor and at no cost to City, Contractor may direct the investment of the payments into securities and interest bearing accounts, and Contractor shall receive the interest earned on the investments. Escrow Agent shall hold such direct payments by City under the same terms provided herein for securities deposited by Contractor. Upon satisfactory Final Completion of the Work, Contractor shall receive from Escrow Agent all securities, interest and payments received by Escrow Agent from City, less escrow fees and charges of the Escrow Account, according to the terms of Public Contract Code Section 22300 and the Contract Documents.

D.Time for Election of Substitution of Securities
Notwithstanding the provision of 7.04 A, B, and C above and California Public Contract Code Section 22300, the failure of Contractor to request the Substitution of eligible securities for monies to be withheld by City within ten (10) days of the award of Contract to Contractor shall be deemed to be a waiver of all such rights.

7.10 CLAIMS
A. Arising of Claim.

1. Scope Change. When Contractor has a claim for an increase in the Contract Sum or Contract Time due to a scope change which has not yet become final, a “claim” will be deemed to arise once the Director has issued a decision denying, in whole or in part, the Contractor’s Change Order Request.

2. Other Claims. In the case of a Claim by Contractor that does not involve an adjustment to the Contract Sum or Contract Time due to a scope change and which has not become final, the Claim may be asserted if, and only if, Contractor gives written notice to City of intent to file the Claim within three (3) days of the date of discovery relative to such circumstances (even if Contractor has not yet been damaged or delayed). Such written notice of intent to file a Claim shall be valid if, and only if, it identifies the event or condition giving rise to the Claim, states its probable effect, if any with respect to Contractor's entitlement to an adjustment of the Contract Sum or Contract Time and complies with the requirements of Paragraph 7.11-B, below. For purposes of this Paragraph 7.11, a Claim for which such written notice is required and has been given by Contractor shall be deemed to arise on the date that such written notice is received by City.

B. Content of Claim
A Claim by Contractor must include all of the following:

1. A statement that it is a Claim and a request for a decision on the Claim; Southland Roofing Inc.

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2. A detailed description of the act, error, omission, unforeseen condition, event or other circumstance giving rise to the Claim.

3. If the Cla
im involves an adjustment to the Contract Sum or Contract Time due to a change in scope, a statement demonstrating that all requisite notices were provided, including, without limitation, timely written notice and a Change Order Request as required by Article 6 of these General Conditions and timely notice of delay and request for extension of time in accordance with Article 3. If the Claim does not involve an adjustment to the Contract Sum or Contract Time due to a change in scope, a statement demonstrating that a notice of intent to file the Claim was timely submitted as required by Paragraph 7.10-A.2, above;

4. A detailed justification for any remedy or relief sought by the Claim including without limitation, a detailed cost breakdown in the form required for submittal of Change Order Requests and actual job cost records demonstrating that the costs have been incurred;

5. If the Claim involves a request for adjustment of the Contract Time, written documentation demonstrating that Contractor has complied with the requirements of the Contract Documents and written substantiation (including, without limitation, a Time Impact Analysis) demonstratin g
that Contractor is entitled to an extension of time under the Contract Documents; and

6. A written certification signed by a managing officer of Contractor's organization, who has the authority to sign contracts and purchase orders on behalf of Contractor and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certification, in the 'following form:
"I hereby certify under penalty of perjury that I am a managing officer of (Contractor's name) and that I have reviewed the Claim presented herewith on Contractor's behalf and/or on behalf of (Subcontractor's name) and that, to the best of my knowledge after conducting a diligent inquiry into the facts of the Claim, the following statements are true and correct:

The facts alleged in or that form the basis for the C
laim are, to the best of my knowledge
following diligent inquiry, true and accurate; and,
(a) I do not k
now of any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim materially misleading; and,
(b) I have, with re
spect to any request for money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records (including those maintained by Contractor and by any Subcontractor, of any tier, that is asserting all or any portion of the Claim) and confirmed with reasonable certainty that the losses or damages suffered by Contractor and/or such Subcontractor were in fact suffered in the amounts and for the reasons alleged in the Claim; and, (c) I have, w
ith respect to any request for extension of time or claim of delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules (including those maintained by Contractor and the Subcontractor, of any tier, that is asserting all or any portion of the Claim) and confirmed on an event-by-event basis that the delays or disruption suffered by Contractor and/or such Subcontractor were in fact experienced for the durations ,
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performance of the Work, as alleged in the Claim; and,
(d) I have not received payment from City for, nor has Contractor previously released City from, any portion of the Claim.”
Signature: Date:

Name:

Title:

Company
C. Noncompliance
Failure to submit any of the information, documentation or certifications required by Paragraph 7.10- B, above, shall result in the Claim being returned to Contractor without any decision.

D. Submission of Claims

1. Director. Claims shall be first submitted to the City for decision by the Director.

2. Continuous Work. Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by City, Contractor shall not delay, slow or stop performance of the Work, but shall diligently proceed with performance in accordance with the Contract Documents and City will continue, to make undisputed payments as by the Contract Documents.

3. Time for Filing. All Claims and supporting documentation and certifications must be filed within thirty (30) days after the Claim arises. No Claims shall be filed after Final Payment.

4. Conditions Precedent. No Claim may be asserted unless Contractor has strictly complied with the requirements of this Paragraph 7.10-D, which shall be considered conditions precedent to Contractor’s right to assert the Claim and to initiate the Dispute Resolution Process with respect to such Claim.

E. Response to Claims, Meet and Confer

1. Claims less than $50,000. Claims less than $50,000 shall be responded to by City in writing within forty-f
ive (45) days of receipt of the Claim, unless City requests additional information or documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City shall respond to the Claim within fifteen (15) days after receipt of the further information or documentation or within a period of time no greater than that taken by Contractor in producing the additional information or documentation, whichever is greater.

2. Claims $50,000 or more. Claims $50,000 or more shall be responded to by City in writing within (60) days of receipt of the Claim, unless City requests additional information or documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City shall respond to the Claim within thirty (30) days after receipt of the further information or documentation or within a period of time no greater than that taken by Contractor in producing the additional information or documentation, whichever is greater.

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3. Meet and Confer. If Contractor disputes City's response, or if City fails to respond within the prescribed time set forth in Paragraph 7.10-E.1 and 7.10-E.2, above, Contractor may so notify City, in writing, within fifteen (15) days of City's response, or within fifteen (15) days of City’s response due date in the event of a failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon such demand, City shall schedule a meet and confer conference within thirty (30) days of such demand, for discussion of settlement of the dispute.

F. Finality of Decision
If Contractor disputes the Director’s decision under this Article, it shall commence the Dispute Res
olution Process as set forth in Article 15 of these General Conditions by filing a Statement of Dispute within seven (7) days after receipt of the Director’s response.

G. Continuing Contract Performance/Duty to Proceed with Disputed Work Contractor shall not delay or postpone any Work pending resolution of any claims, disputes or disagreements. Pending final resolution of a claim, the Contactor shall proceed diligently with performance of the Contract and the City shall continue to make payments for undisputed Work in accordance with the Contract Documents. In the event of disputed Work, City shall have the right to unilaterally issue a Work Directive and Contractor shall continue performance pending resolution of the dispute and shall maintain the accounting and cost data to substantiate the cost of such disputed work. [END OF ARTICLE]
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ARTICLE 8 - MATERIALS AND EQUIPMENT

8.01 GENERAL
A. The Contractor shall furnish all materials and equipment needed to complete the Work and installations required under the terms of this Contract, except those materials and equipment specified to be furnished by the City.

B. The Contractor shall submit satisfactory evidence that the materials and equipment to be furnished and used in the work are in compliance with the Specifications. Materials and equipment incorporated in the Work and not specifically covered in the Specifications shall be the best of their kind. Unless otherwise specified, all materials and equipment incorporated in the Work under the Contract shall be new.

8.02QUALITY AND WORKMANSHIP
All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best standard practices. All materials and equipment must be of the specified quality and equal to approved samples, if samples have been required. All Work shall be done and completed in a thorough, workmanlike manner, notwithstanding any omission from the Specifications or Drawings, and it shall be the duty of the Contractor to call attention to apparent errors or omissions and request instructions before proceeding with the Work. The Director may, by appropriate instructions, correct errors and supply omissions, which instructions shall be binding upon the Contractor as though contained in the original Specifications or Drawings. All Work performed under the Specifications will be inspected by the Director as provided in Paragraph 8.04. All materials and equipment furnished and all Work done must be satisfactory to the Director. Work, material, or equipment not in accordance with the Specifications, in the opinion of the Director shall be made to conform thereto. Unsatisfactory materials and equipment will be rejected, and if so ordered by the Director, shall, at the Contractor's expense, be immediately removed from the vicinity of the Work.

8.03 TRADE NAMES AND "OR APPROVED EQUAL" PROVISION
Whenever in the Specifications or Drawings the name or brand of a manufactured article is used it is intended to indicate a measure of quality and utility or a standard. Except in those instances where the product is designated to match others in use on a particular improvement either completed or in the course of completion, the Contractor may substitute any other brand or manufacture of equal appearance, quality, and utility on approval of the Director, provided the use of such brand or manufacture involves no additional cost to the City.

8.04 APPROVAL O

F MATERIALS
A. The Contractor shall furnish without additional cost to the City such quantities of construction materials as may be required by the Director for test purposes. He/she shall place at the Director's disposal all available facilities for and cooperate with him in the sampling and testing of all materials and workmanship. The Contractor shall prepay all shipping charges on samples. No samples are to be submitted with the bids unless otherwise specified.

B. Each sample submitted shall be labeled. A letter, in duplicate, submitting each shipment of samples shall be mailed to the Director by the Contractor. Both the label on the sample and the letter of transmittal shall indicate the material represented, its place of origin, the names of the producer and the Contractor, the Specifications number and title, and a reference to the applicable Drawings and Specifications paragraphs.

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C. Materials or equipment of which samples are required shall not be used on the Work until approval has been given by the Director in writing. Approval of any sample shall be only for the characteristics of the uses named in such approval and no other. No approval of a sample shall be taken in itself to change or modify any Contract requirement.

D. Failure of any material to pass the specified tests, including life cycle maintenance data may be sufficient cause for refusal to consider under this Contract, any further sample of the same brand or make of that material.

8.05 ORDERING MATERIALS AND EQUIPMENT
One copy of each of the Contractor's purchase orders for materials and equipment forming a portion of the Work must be furnished to the Director, if requested. Each such purchase order shall contain a statement that the materials and equipment included in the order are subject to inspection by the City. Materials and equipment purchased locally will, at the City’s discretion, be inspected at the point of manufacture or supply, and materials and equipment supplied from points outside the Los Angeles area will be inspected upon arrival at the job, except when other inspection requirements are provided for specific materials in other sections of the Contract Documents.

8.06 AUTHO

RITY OF THE DIRECTOR
A. On all questions concerning the acceptability of materials or machinery, the classification of materials, the execution of the Work, and conflicting interests of Contractors performing related work, the decision of the Director shall be final and binding.

B. The D
irector will make periodic observations of materials and completed work to observe their compliance with Drawings, Specifications, and design and planning concepts, but he/she is not responsible for the superintendence of construction processes, site conditions, operations, equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of work.

8.07 INSPECTION
All materials furnished and work done under this Contract will be subject to rigid inspection. The Contractor shall furnish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining them, as requested by the Director. The Director, or his/her authorized agent or agents, at all times shall have access to all parts of the shop and the works where such materials under his/her inspection is being manufactured or the work performed. Work or material that does not conform to the Specifications, although accepted through oversight, may be rejected at any stage of the Work. Whenever the Contractor is permitted or directed to do night work or to vary the period during which work is carried on each day, he/she shall give the Director due notice, so that inspection may be provided. Such work shall be done under regulations to be furnished in writing by the Director.

8.08 INFRINGEMENT OF PATENTS
The Contractor shall hold and save the City, its officers, agents, servants, and employees harmless from and against all and every demand or demands, of any nature or kind, for or on account of the use of any patented invention, process, equipment, article, or appliance employed in the execution of the Work or included in the materials or supplies agreed to be furnished under this Contract, and should the Contractor, his/her agents, servants, or employees, or any of them, be enjoined from furnishing or using any invention, process, equipment, article, materials, supplies or appliance supplied or required to be supplied or used under this Contract, the Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or Southland Roofing Inc.

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appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to the Director. Or in the event that the Director elects, in lieu of such substitution, to have, supplied, and to retain and use, any such invention, process, equipment, article, materials, supplies, or appliances, as may by this Contract be required to be supplied and used, in that event the Contractor shall at his/her expense pay such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its officers, agents, servants, and employees, or any of them, to use such invention, process, equipment, article, materials, supplies, or appliances without being disturbed or in way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse promptly to make the substitution hereinbefore required, or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid, then in that event the Director shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due the Contractor from the City, or recover the amount thereof from him/her and his/her surety, notwithstanding final payment under this Contract may have been made.
[END OF ARTICLE]
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ARTICLE 9 – SUBMITTALS

9.01 GENERAL
A. The Contractor shall submit samples, drawings, and data for the Director's approval which demonstrate fully that the construction, and the materials and equipment to be furnished will comply with the provisions and intent of the Drawings and Specifications.

B. Specific items to be covered by the submittals shall include, as a minimum, the following:

1. For structures, submit all shop, setting, equipment, miscellaneous iron and reinforcement drawings and schedules necessary.

2. For conduits, submit a detailed layout of the conduit with details of bends and fabricated specials and furnish any other details necessary. Show location of shop and field welds.

3. For equipment which requires electrical service, submit detailed information to show power supply requirements, wiring diagrams, control and protection schematics, shop test data, operation and maintenance procedures, outline drawings, and manufacturer's recommendation of the interface/interlock among the equipment.

4. For mech
anical equipment submit all data pertinent to the installation and maintenance of the equipment including shop drawings, manufacturer's recommended installation procedure, detailed installation drawings, test data and curves, maintenance manuals, and other details necessary.

5. Samples

6. Colors

7. Substitutions

8. Manuals

9.As-built drawings
10 . Safety plans required by Article 10

9.02 PRODUCT HANDLING
A. Submittals shall be accompanied by a letter of transmittal and shall be in strict accordance with the provisions of this Article.

B. Submit priority of processing when appropriate.

9.03 SCHEDULE OF SUBMITTALS
A. The Contractor shall prepare and submit a schedule of submittals. The schedule of submittals shall be in the form of a submittal log. Refer to Paragraph 9.12.

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9.04 SHOP DRAWINGS
A. All shop drawings shall be produced to a scale sufficiently large to show all pertinent features of the item and its method of connection to the Work.

B. All shop drawing prints shall be made in blue or black line on white background. Reproductions of City/Contract Drawings are not acceptable.

C. The overall dimensions of each drawing submitted to the Director shall be equal to one of the City's standard sheet sizes as listed below. The title block shall be located in the lower right hand corner of each drawing and shall be clear of all line Work, dimensions, details, and notes.

Sheet Sizes Height X Width
11" X 8 1/2"
11" X 17"
24" X 36"
30” X 42”

9.05 COLORS
Unless the precise color and pattern are specified elsewhere, submit accurate color charts and pattern charts to the Director for his/her review and selection whenever a choice of color or pattern is available in a specified product. Label each chart naming the source, the proposed location of use on the project, and the project.

9.06 MANUFACTURERS' LITERATURE
Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly show which portions of the contents are being submitted for review.

9.07 SUBSTITUTIONS
A. The Contract is based on the materials, equipment, and methods described in the Contract Documents.

Any Contractor proposed substitutions are subject to the Director’s approval.

The Director will consider proposals for substitution of materials, equipment, and methods only when such proposals are accompanied by full and complete technical data, and all other information, including life cycle maintenance data, required by the Director to evaluate the proposed substitution.

B. Any requests for substitutions by the Contractor must be made within forty-five (45) calendar days from the Issuance Date on the Notice to Proceed. Otherwise, such requests will not be considered.

C. Trade names and "or approved equal" provision as set forth in Paragraph 8.03.

9.08MANUALS
A. When manuals are required to be submitted covering items included in this Work, prepare and submit such manuals in approximately 8-1/2" X 11" format in durable plastic binders. In addition, manuals shall be submitted in electronic format. Manuals shall contain at least the following:

1. Identification on, or readable through, the front cover stating general nature of the manual.

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2. Neatly typewritten index near the front of the manual, furnishing immediate information as to location in the manual of all emergency data regarding the installation.

3. Complete instructions regarding operation and maintenance of all equipment involved.

4. Complete nomenclature of all replaceable parts, their part numbers, current cost, and name and address of nearest vendor of parts.

5. Copy of all guarantees and warranties issued.

6. Copy of drawings with all data concerning changes made during construction.

B. Where contents of manuals include manufacturers' catalog pages, clearly indicate the precise items included in this installation and delete, or otherwise clearly indicate, all manufacturers' data with which this installation is not concerned.

9.09 AS-BUILT DRAWINGS
A. When required to be submitted covering items included in this Work, the Contractor shall deliver to the City one complete set of final As-Built hard copy drawings together with a set of AutoCAD drawing files in electronic format showing completed building, “as-built” for City records before the Contract will be accepted by the City.

B. The drawings shall be duplicates and at the same size and dimensional scale as the originals. They shall be on a polyester translucent base material with a minimum sheet thickness of .003 inch (.08mm).

C. The legibility and contrast of each drawing submitted to the City shall be such that every line, number, letter, and character is clearly readable in a full size blow back from a 35 mm microfilm negative of the drawing.

9.10 SUBMITTALS QUANTITIES
A. Submit one (1) copy via email to [email protected] of all data and drawings unless specified otherwise.

B. Submit all samples, unless specified otherwise, in the quantity to be returned, plus two, which will be retained by the Director.

9.11 IDENTIFICATION OF SUBMITTALS
Completely identify each submittal and re-submittal by showing at least the following information:

A. Name and address of submitter, plus name and telephone number of the individual who may be contacted for further information.

B. Name of project as it appears in the Contract Documents and Specification No.

C. Drawing number and Specifications section number other than this section to which the submittal applies.

D. Whether this is an original submittal or re-submittal.

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E. For samples, indicate the source of the sample.

9.12 SCHEDULE OF SUBMITTALS
A. Submit initial schedule of submittals within five (5) Working Days after the Issuance Date on Notice to Proceed.

B. Submit revised schedule of submittals within five (5) Working Days after date of request from the Director.

C. The Director will review schedule of submittals and will notify Contractor that schedule is acceptable or not acceptable within five (5) Working Days after receipt.

9.13 COORDINATION OF SUBMITTALS
A. Prior to submittal for the Director’s review, use all means necessary to fully coordinate all material, including the following procedures:

1. Determine and verify all field dimensions and conditions, materials, catalog numbers, and similar data.

2. Coordinate as required with all trades and with all public agencies involved.

3. Secure all necessary approvals from public agencies and others and signify by stamp, or other means, that they have been secured.

4. Clearly indicate all deviations from the Specifications.

B. Unless otherwise specifically permitted by the Director, make all submittals in groups containing all associated items; the Director may reject partial submittals as not complying with the provisions of the Specifications.

9.14 TIMING FOR

SUBMITTALS
A. Make all submittals far enough in advance of scheduled dates of installation to provide all required time for reviews, for securing necessary approvals, for possible revision and re-submittal, and for placing orders and securing delivery.

B. In scheduling, allow at least 15 Working Days for the Directo r’s review, plus the transit time to and from
the City office.

C. Manuals shall be submitted prior to performing functional tests.

9.15 APPROVAL BY CITY
A. Each submittal, except manuals, schedule of costs for progress payments, and as-built drawings will be returned to the Contractor marked "No Exceptions Taken," “Make Corrections Noted - Do Not Resubmit,” or “Make Corrections Noted - Resubmit.” Manuals, schedule of costs, and as-built drawings will be returned to Contractor via email for re-submittal if incomplete or unacceptable.

B. Submittals marked "Approved as Noted" need not be resubmitted, but the notes shall be followed.

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C. If submittal is returned for correction, it will be marked to indicate what is unsatisfactory.

D. Resubmit one (1) original hard copy and one (1) electronic copy (via email to [email protected] of the revised drawings or data as indicated.

E. Approval of each submittal by the Director will be general only and shall not be construed as:

1. Permitting any departures from the Specifications requirements.

2. Relieving the Contractor of the responsibility for any errors and omissions in details, dimensions, or of other nature that may exist.

3. Approving departures from additional details or instructions previously furnished by the Director.

9.16 CHANGES TO APPROVED SUBMITTALS
A. A re-submittal is required for any proposed change to an approved submittal. Changes which require re-submittal include, but are not necessarily limited to, drawing revisions, changes in materials and equipment, installation procedures and test data. All re-submittals shall include an explanation of the necessity for the change.

B. Minor corrections to an approved submittal may be accomplished by submitting a "Corrected Copy". [END OF ARTICLE]
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ARTICLE 10 – SAFETY

10.01 PROTECTION OF PERSONS AND PROPERTY
A. Contractor's Responsibility: Notwithstanding any other provision of the Contract Documents, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property, during performance of the Work. This requirement will apply continuously and will not be limited to normal working hours. Safety and sanitary provisions shall conform to all applicabl e
Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of these are in conflict, the more stringent requirement shall be followed.

B. Sanitary Facilities. The Contractor shall furnish and maintain sanitary facilities by the worksites for the entire construction period.

C. Protection of the Public. The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or interruption of public services.

Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Director, a condition exists which th e
Contractor has not taken sufficient precaution of public safety, protection of utilities and/or protection of adjacent structures or property, the Director will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the Director, or in the event of an emergency situation, the Director may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the Director, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor.

10.02 PROTECT

ION FROM HAZARDS
A. Trench Excavation
Excavation for any trench four (4) feet or more in depth shall not begin until the Contractor has received approval from the Director of the Contractor's detailed plan for worker protection from the hazards of caving ground during the excavation of such trench. Such plan shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during such excavation.

No such plan shall allow the use of shoring, sloping or protective system less effective than that required by the Construction Safety Orders of the Division of Occupational Safety and Health, and if such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil or Structural Director in the State of California.

B. Confined Spaces
Contractor shall comply with all of the provisions of General Industry Safety Orders of the California Code of Regulations. Entry of a confined space shall not be allowed until the Contractor has received approval from the Director of the Contractor’s program for confined space entry. Confined space means a space that (1) Is large enough and so configured that an employee can bodily enter and perform assigned Work; and (2) Has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and (3) Is not designed for continuous employee occupancy. Failure to submit a confined space entry program Southland Roofing Inc.

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may result in actions as provided in Article 5: “Suspension or Termination of Contract.” C. Material Safety Data Sheet
Contractor shall comply with all of the provisions of General Industry Safety Orders of the California Administrative Code. The Contractor shall submit to the Director a Material Safety Data Sheet (MSDS) for each hazardous substance proposed to be used, ten (10) days prior to the delivery of such materials to the job site or use of such materials at a manufacturing plant where the Director is to perform an inspection. For materials which are to be tested in City laboratories, the MSDS shall be submitted with the sample(s). Hazardous substance is defined as any substance included in the list (Director's List) of hazardous substances prepared by the Director, California Department of Industrial Relations, pursuant to Labor Code Section 6382. Failure to submit an MSDS for any hazardous substance ma y
result in actions as provided in Article 5, "Suspension or Termination of Contract".

10.03 DIFFERING SITE CONDITIONS
A. Differing Site Conditions Defined. The Contractor shall promptly, and before such conditions are disturbed, notify the Director in writing of any Differing Site Conditions. Differing Site Conditions are those conditions, located at the project site or in existing improvements and not otherwise ascertainable by Contractor through the exercise of due diligence in the performance of its inspection obligations in the Contract Documents, encountered by Contractor in digging trenches or other excavations(s) that extend deeper than four feet below the surface of the ground that constitute:

1. Material that the Contractor believes may be material that is hazardous waste as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

2. Subsurface or latent physical conditions at the site differing materially from those indicated in these Contract Documents.

3. Unknown physical conditions at the site, of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in these Contract Documents.

B. Notic
e by Contractor. If the Contractor encounters conditions it believes constitute Differing Site Conditions, then notice of such conditions shall, before such conditions are disturbed, be promptly reported to the Director followed within twenty-four (24) hours by a further written notice stating a detailed description of the conditions encountered.

C. The Dir
ector will promptly investigate the conditions and If he/she finds that such conditions do materially differ, or do involve hazardous waste, and do cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work under this Contract, an equitable adjustment will be made, as determined by the Director.

D. Change Order Request. If Contractor intends to seek an adjustment to the Contract Sum or Contract Time based upon Differing Site Conditions, it must, within ten (10) Days after the Discovery Date relative to such conditions, submit a Change Order Request setting forth a detailed cost breakdown and Time Impact Analysis, in the form required by Article 6 of these General Conditions, of the additional Allowable Costs and Excusable Delay resulting from such Differing Site Conditions.

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Vernon City CouncilApril 2, 2024

Vernon City Council
April 2, 2024