Vernon City Council
July 16, 2024

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Item 13 Page 105 of 191

1. This Bond inures to the benefit of any of the persons named in California Civil Code Section 3181, or any successor legislation, giving those persons or their assigns a right of action in any suit brought upon this Bond, unless California Civil Code Section 3267, or any successor legislation, applies.

2. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract Documents, or the nature of the Work performed under the Contract or Contract Documents including, without limitation, an extension of time for performance does not, in any way, affect Surety's obligations under this Bond. Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement, or extension of time.

3. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's paying claims, demands, liens, or suits for any work, labor, services, materials, or equipment furnished or used in the Work.

4. If an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay in addition to the Bonded Sum City's reasonable attorneys' fees and litigation costs, in an amount the court fixes.

5. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason.

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Item 13 Page 106 of 191
On the date set forth below, Principal and Surety duly executed this ,with the name of each party appearing below and signed by its representatives) under the authority of its governing body.

Date: May 14th, 2024
PRINCIPAL:

Harbor Pointe Air Condit' ni a d Control
~ ~ (Comp ~la e)
By:
y — (Signature)
Name and Title)
Address for Serving Notices or Other Documents:
720 South Richfield Road
Placentia, CA 92870

CORPORATE SEAL
Inc.

SURETY:
hio Cas alt I surance o an
om ny N me
(Signature)
By: Shaunna Rozelle Ostrom, Attorney-in-Fact
(Name and Title)
Address for Serving Notices or Other Documents:
790 The City Drive South, Suite 200
Orange, CA 92868

CORPORATE SEAL
■ THIS BOND MUST BE DCECUTED IN TRIPLICATE.
■ EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS A77~ORNEY-IN-FACT. ■ THE ATTORNEY-lN-FACT'S SIGNATURE MUST BE NOTARIZED.
■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR 80TH, ARE A CORPORATION.

APPROVED AS TO SURETY AND
AMOUNT OF BONDED SUM:

Daniel Wall, Director of Public Works
APPROVED AS TO FORM:

By:

Zaynah N. Moussa, City Attorney

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Item 13 Page 107 of 191
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

State of California )
ss.

County of Orange )
On May 17, 2024 before me, Patti A. Smith, Notary Public, personally appeared Sammi Perez, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS y h nd and official seal. ,~°~ry PATTIA. SMfTH
~' ~ ~ Notary Fublic •California
Orange County
• Commission x 2393315 ~,~^ -~ r '~~~~•"~, My Comm. Expires Feb 8, 2026 r
Signature 1~1~' (Seal) ..

Item 13 Page 108 of 191

BOND ACKNOWLEDGMENT
FOR

SURETY'S ATTORNEY-IN-FACT

STATE OF CALIFORNIA
ss

COUNTY OF
On this day of , 20 ,
before me, (name), a Notary Public for said County, personally appeared (name), who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of, and acknowledged to me that he/she subscribed the name of as principal, and his/he own name as attorney in fact.
thereto
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Notary Public
SEAL

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Item 13 Page 109 of 191

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Orange )
On 05/14/2024 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer)
personally appeared Shaunna Rozelle Ostrom
who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. ~ ~ ~
F MELISSA~INM VACCARO .:..; :'
COM h1. X2401942
c, M _ .- t ~ N
'~ ~~~`~~~'-;~~ ~~ Notary ~'ublic~alifornia ~ ~5~' ' F,~ly Comm. Expires tvtay 12, 202G S:!r pw''~a
Signature '~ ~~ - (Seal)
Melissa Ann Vaccaro
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Item 13 Page 110 of 191
Bond No. 024277588
This Pourer of Attorney Ifmits the ads of those named herein, and they have no authority to bind the Company except in the manner and to khe extEnt herein stated, -, Lib~rty Liberty Mutual Insurance Company
~~~~y The Ohio Casualty Insurance Company Certihca[e t+io: 8209029-96961 SURETY
West American Insurance Company

POYYER OF ATTORNEY
KNOWN ALL PERSONS BY TH£SE PRESENTS: mat The Ohio Casua,ty Insurance Company is a caparation duty organized under tt~ taws of the State of New Harr~pshire, l:~at Liberty Mutual Insurance Company is a corporation duty atganized utter th,2 laws of the Sta;e of 4iassachuseCs, and'N~st American Insurance Company ~s a c_cxg~raGan duty organized under the laws of the Sia'.e of Indiana (F~erein cdl~ctit~ly cai;e.~ ~►e'Comganies'), pursLant to anG by auth~Yity herein se4 forth, does hereby name, cons6i~ta and appan~ Arturo ~1y~la: baniel I-iuckabay; ~dnan La~igr~ll: Chclsra Liberatore: Fru~k Morones: R. ~tappi; D~~i~hr R~ill_y: Shaunna Rnzellc Ostrom: f3en Sta~tg; ~fi~t~~el D. 5tong:

Benjamin ~Volle
al! at use ary of Uran~e state of CA each fndiv,"dua~iy if here ~e more than one named. its tNe and iawl~;I atic3mey-in•fact to make, ~xec€sie, seal, ackns.*,vl~dge 8n~ delivef; for and on its behGlf as surety a~1 as its apt and deQd, ony and at! undertakings, bonds, recr~gn~zar~~ and cider Surety ebl~atans, in pursuance of these p~esents ar~tl shall be as binding upon the ~om~anies as fi ih~ey ha~,re ~n duly signed by the pre~dent and attested by the secretary of iha Companies in their overt proper aersvns.
fN WITNESS 1~1HEREOF, this Payer of A(Eomey has been Subscribed by an authorized oft~cer or official of the Comp2nies and its ecrporaie seats of the Companies have peen affixed thereto this 2 t st day of huvzmber ZO?3
Li6er"ty M~;tuai Insurance Company
P~ 1NSU,p9
p~,ZY G4s
G ~ ~e~su,pq The Ohio Casualty insurance Cm-;panY
~'t~ppOq~~~~¢~~ ~J~`Q
y1PQA,~J~~~ MV:P °~a~r
y~+ 4VestAme(iCanlnsurancpC~mpany
~ 19'12 ~ a 1919 ~ ~ 1881 f~ n
s w a a ~ ~ ui ~
q~j Yd~e!'~tcHus ~da~ ~~3 h~xvy~~,
+a'~
~3,~
4tiDtANt .aL
B ~ ` " "~ '~ U
C 7 ,r 1` '`''~ y. t~ M ~ ~t~ y
~ Oavid M. Carey. Assistant Secretary D" ~
~= oco 5fate of PENPiSYLVANI~ C ~
w ~ County of M0~1TGC3MERY SS ~ > Q ~ t'n lhis 2 I at tS~y of v~vtmix:r 2U'2.~ before me personably appaared Da~;d t~. Grey, who ~..lcn~rxtedged himself to be it~e Assistant Secretary at LiMRy Mutual Insurance c~ cts Company, 'ire hie Casua~ry Com~+ar~~, aad 4Vsst American Insurance Company, and Iha~ he, as such, be;rtg ~uth~rized so to do, execute th:2 foregoing instniment fog the puiposes ~ :- .v ~ ti~ereu~ ca~(aine~ by signing on behalf of the corGoratians by hir~tsseit as a duly auttt~ri2ed oi~cEr. ~ ~ iu~
~ .a IN WITNESS WHEREOF, t has~e hereur;[o s~!bscsibed my game and affixEd my notana! seal at Ptyrnouth tv~eiir~g, Pennsylvaraa, ors the day aid year first a~ays written.

N
~ ~ `'~` n~ ~~+~+ co~,asvrra~a or Pe-nsyR.ant, • t soot ~ fiw' , ~ !, ~ ~ s c~te~st s ~tu~s.

N`'~ Pitblat ~ ~ ~
~ x ~ Meat~~ <Y 7
3 ~~~ ~
~ -s-~ ~` +ivcrar. fss,matareska us a6.2~izs gy
: 1/~a+~' ~.G~~."" 1v o ~
~ s,arcrriss~cnnurba 112~3i
~i .: ;~}~'~.a~,~' e+.~ a.,~,.~,tia,s.,;~~,a~a~:~,-:z Teresa PaStella, l~iolary Pubic Q o i ~ ~ 'f%;r~y ~° o ~~ .8? Tnis ~owe~ of Attorney €s made and ~ae~c;.aiQ4 puMuant is arxi by ~ut3~ority of tAe flowing ~y-laws and AuthonzaGas~s of The ~h~ Casu~~t;~ I~surazce Company. libert/ ~4utuat ~ ~ ~~ Insurance Canpany, ana West Am~tica~ Insurance Gamp~any which ~esctutions ire r~os~ in ~:lt forge ar~1 e~eci reading as fotk3ws; Q M ~ ARTICIEtY—OFFICERS: Ssct;cn 12: Po~eto~Att~?~ey< ~—
°O
~ @ Any officer or other o~cial of the.Cc;r
rora#ion authorized far that purpose in writiro by the Chairman or the Pceside~t, and subjeE:t ro such timitatian as the Chairman or the ~~ :a ~ Rre~~eni may prescribe, shat( a~ioini such att~rne~s-in-fact. as rray be neeess2ry to act i~ behal€ o! the Corporation #a mske, 8xecute, seal, acknowledge a~;0 driver as surety ~ ~' ~ ~ any and a! unCertakings. bonds, recognizarxes aria other surety obGgaiions. Such attome;~s•1r.-!act, sub~~ecF tc the fimitat~ns set forth in their taspe^Gve.powarsaf attorney, sha:i -v
o ~ have (uil powar to tiu~d the Cor~xat~on by their signature ar~i execution of any such instruments end to aiEach Usereta the szal ~i the Cor~rat~n, 11fien so executed, suet o a~ Z ~ instn,imenl~ sh~au be as bind: ~g as ff s~ned by its P►esident dnd ~ttesisd to by tie Secretary. Any power o~ autt;ority granted to any representative arattorney-in-tact under the ~' ~ provisions of tits agile may Ce resroked at any Eime by the 8oa~d. tie Chairr;~an, the Rresicent or by tie c~irc~r or ~ficers granting such power cr authority. ~ ~ Ai2TiClE Xlti— ExetuGon csf Contacts: Section 5. Sure#y Bc~tds and lJr~derta~cings. ~tny ot~cer of tt~ Company authorized for that pz,~pose in writing by the chairman cr the president, a~sd s,~ject to such ~mitatsons as ire ctsainnan or the president may prescribe. shall appdnt such attorneys-~n-f~L as may be accessary to act in behalf ~€ ~ C,ampany to make, execute. seaf< acknflw~edge and deli+~r as surety any ar~d a~ ur4ert~kings, ~or~s, recograzances and other surety aW;gaGons. Such attorneys-in•t~t subject to ft:~ limitations set forth in their resReetive prnvers flf attorney, shall .have hill power to b red tre Company by #he+r s~nature and execution of any such insfrurrenis and to attach thereto tie s~aJ a~ the Company. When So executed such irsWments sha1E be as binding as if signed by tie resident and attested by the 5ecret2ry.

Certificate of Designation —The President of the Company, acting pursuant io lhs 8yl~r~s of the Company, authorizes Daviti fit. C2rey, Assistant Seuetary to ~~paint such attorn~ys•iniart as may be necessary to a.^t on t~ehaft of the Cor~par~y to make. execute, seat, acknowledge and deliver as surety any and a(I undertakings, finds, recognizar ties and other sarety oLisgatPons.

Authorization — By unanimous ra~sent of the Ce~tpanyrs Beard of ~eetors. the Company consents that tacsirrt~e or mechansca~ly repro~ur.~ri sir,~ature.of any assistant secretary of the Company, wherever oppearirg upo~s a ~tiG~d copy of any pou►°et of attorney sssue~i by the Company iri connection +v±th surety bor~fs. ~t►all b~ va3id and binding upon the Company wi g the same i~rce and effect as thoug~ manval~y affixed.

I. Renee C. Uexellyn, the uMfersig~ed: Assislar~i Secretary. 7t~a Ohio Casu~~ty Insurance Company, Libetiy Mutu31 Insur2rtce Gompzny, and 4'Ve~ Am~iran 1ns~rancs Company ~o hereby cer~ty tfi~at Iris arig~na~ dower of attorney of ~rh~ch tie foregoirsg is a full, true ar~d oor~ct copy of the Power oT Attorney executa~f b~f std Ct~mpanies, is in full i~rce and effect anti has rwt been rewked:

IA 1'ES7~F~14t~Y.'~.HERFOF,1 have h~reur~t0 yet my hind and axed the sews of seid Com~x3nies this 14th ~~y of May , 2024 ~ 1NStlR ~~Y I1ys
G ~ il~SL
~Jp'a°A'o~t,~
i'4'~t~ J~'~~d
,`r°'°~~~ty
R = ~~ ~
.~'Pc.°~'
w~+~F yh
~ r'#91~~ ~ p '1919 ~
~ 1991 ~ ~ ~~/~~~
,; + ~,~e~~ ~*U,*~aa ~~,~~ a*v,~~,~a'~ ~s~~w,,K~~aa Renew C. ~'ewei(yn. Ass~sfant Secretary , . ~ ' , Lf~13~12873 URIC flCIC'NddC 0.iuni C.> 112121
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Item 13 Page 111 of 191

THE FINAL PREMIUM IS

PREDICATED ON THE

FINAL CONTRACT AMOUNT
EXHIBIT 3
This bond was issued in three (3)
original counterparts
Bond No.: 024277588
Premium Amount: $Included in PerF. Bond
Bond's Effective Date: May 14th, 2024

MAINTENANCE BOND
RECITALS.

1. The City of Vernon, California ("City"), has awarded to Harbor Pointe Air Conditioning and Control Systems, Inc. (Name, address, and telephone of Contractor)
720 South Richfield Road. Placentia. CA 92870, (949) 859-6101 ("Principal"),
a Contract (the "Contract") for the Work described as follows:

Contract No. 20240267: HVAC System Maintenance Services__ in Vernon, CA.

2. Principal is required under the terms of the Contract— and all contract documents referenced in it ("Contract Documents"~ after completion of the Work and before the filing and recordation of a Notice of Completion for the Work, to furnish a bond to secure claims for Maintenance equal to ten percent (10%) of the total amount of the Contract Which shall hold good for a period of one (1) year from the date the City's Notice of Completion and Acceptance of the Work is filed with the County Recorder, to protect the City against the result of faulty material or workmanship during that time.

3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and made a part of it by this reference.

OBLIGATInN~
THEREFORE, for value received, We, Principal and
The Ohio Casualty Insurance Company
(Name, address, and telephone of Surety)
790 The City Drive South, Suite 200, Orange. CA 92868. (714) 937-1400 ("Surety"), a duly admitted surety insurer under California's laws, agree as follows:

By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators, successors, and assigns to pay City the penal sum of Four Thousand Nine Hundred Sixty-Three and 77/100 Dollars ($4,963.77 ) ("the Bonded Sum"), this
amount comprising not less than ten percent (10%) of the total Contract Sum, in lawful money of the United States of America.

The Licensed Agent for Surety is:

Commercial Surety Bond Agency, 1411 N. Batavia St., Suite 201, Orange, CA 92867, (714) 516-1232 (Name, address, and telephone)
Registered Agent's California Department of Insurance License No. 0680930 THE CONDITION OF THIS BOND'S OBLIGATION IS THAT if the said Principal or any of his or her or its subcontractors, or the heirs, executors, administrators, successors, or assigns or assigns of any, all, or either of them, shall fail to execute within a reasonable amount of time, or fail to respond within seven (7) days with a written schedule acceptable to the City for same, repair or replacement of any and all Work, together with any other adjacent Work which may be displaced by so doing, that proves to be defective in its workmanship or material for the period of one (1) year (except when otherwise required in the Contract to be for a longer period) from the date the City's Notice of Completion and Acceptance, or equivalent, is filed with the County Recorder, ordinary wear and tear and unusual abuse or neglect excepted with respect to such Work and labor, the Surety herein shall pay for the same, in an amount not exceeding the sum specified in this Bond.

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Item 13 Page 112 of 191
1, When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly remedy the default using a procurement methodology approved by City, select a contractor or contractors acceptable to City to complete all of the Work, and arrange for a contract between the contractors) and City. Surety shall make available sufficient funds to pay the cost of repair or replacement of any and all Work and to pay and perform all obligations of Principal under the Contract and Contract Documents including other costs and damages for which Surety is liable under this Bond except that Surety's total obligation, as described here, will not exceed the Bonded Sum.

2. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

3. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of said Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

4. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's guaranteeing Principal's faithful performance of the Work.

5. No right of action accrues on this Bond to any entity other than City or its successors and assigns.

6. If an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay, in addition to the Bonded Sum, City's reasonable attorneys' fees and litigation costs, in an amount the court fixes.

7. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason.

8. Death of the Principal shall not relieve Surety of its obligations hereunder.

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Item 13 Page 113 of 191
On the date set forth below, Principal and Surety duly executed this below and signed by its representatives) under the authority of its governing body.

Date: MaX 14th, 2024
PRINCIPAL: SURETY:

Th O io Casualt Insurance om an
( mp y Nam
(Signature)
By: Shaunna Rozelle Ostrom, Attorney-in-Fact
(Name and Title)
Harbor Pointe Air Cond' i nin and ontrol S stems Inc. n ~ ~(~ p ny Name By:
nature)
ame aln~iffe)
Address for Serving Notices or Other Documents:
720 South Richfield Road
Placentia, CA 92870

CORPORATE SEAL
with the name of each party appearing
Address for Serving Notices or Other Documents.
790 The City Drive South, Suite 200
Orange, CA 92868

CORPORATE SEAL
■ TH1S BOND MUST BE EXECUTED IN TRIPLICATE.
■ EVIDENCE MUST BE ATTACHED OF THE AUTHORI TY OF ANY PERSON SI GN1NG AS ATTORNEY IN-FACT. ■ THE ATTORNEY !N-FACT'S S1~NATURE MUST BE NOTARIZED.
■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION.

APPROVED AS TO SURETY AND
AMOUNT OF BONDED SUM:

By:

Daniel Wall, Director of Public Works
APPROVED AS TO FORM:

By:

Zaynah N. Moussa, City Attorney

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Item 13 Page 114 of 191
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

State of California )
ss.

County of Orange )
On May 17, 2024 before me, Patti A. Smith, Notary Public, personally appeared Sammi Perez, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS y and and offi ' I seal.
r `,`'s PATTIA. SMffH
„ ~ Notary Public -California =
~ Orange County ~
Commission it 2393315
""`o "`~, µy Comm. Eupires Feb 8, 2026 +
Signature Seal) ..

Item 13 Page 115 of 191

BOND ACKNOWLEDGMENT
FOR

SURETY'S ATTORNEY-IN-FACT

STATE OF CALIFORNIA )
ss

COUNTY OF )
On this day of , 20 ,
before me, (name), a Notary Public for said County, personally appeared (name), who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of and acknowledged to me that he/she subscribed the
name of
attorney in fact.
thereto as principal, and his/he own name as
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Notary Public
SEAL

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Item 13 Page 116 of 191

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validit of that document.

State of California
County of Orange
On 05/14/2024 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer)
personally appeared Shaunna Rozelle Ostrom
who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

M ~~~~ MEIISSAANNVACCARO ,~~~ ..`::-~_
co~r~r~~. #201942 ~,
'~ _'-''''`~~~~'=- ~ Notar Public-California ~
u. ~':~.;~~~~ ~~~ ORANGE COUNTY LL
- ~ fvly Comm. Expires play 12.2026
1 Signature T (Seal)
Melissa Ann Vaccaro
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Item 13 Page 117 of 191
Bond No. 0242775Fr8
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. '"' ~~~~~~ Libert}r Mutual Insurance Company
~u~~; The Ohio Casualty Insurance Company Certificate r~to: 8209029-969561 West American Insurance Company
SURETY
POWER OF ATT4RN~Y
KNOWN ALL PERSONS BY THESE PRESEPlTS: 7Aat The Ohio Casualty tnsurancs Campzny is a corporation duly org~ized under ttte laws of the State of New Harrspshire, li~at Ube~ty Mutual Insurance Company is a corporation ii~ly organized under the laws of the Sta;e of Massachusetts, and West American Insurance Company .s a cerp~ration duty organized iuider the taws Qf fhe Sia!~ of Ir~~end (here+n catectir.~ely called Ih~ `Commies'}, pursuant fo ar.G by autht3tity herein set forth, does hereby name, canstiiute and appoint. Arcuru Avzila; baniel Huckabay; Adnan Langrell: Clyels~a Liberatore: Fra~~k ivtorones; R. ~lappi; D~~ight R~iily: Shaiuma Rozelic Ostrom; Cieit Stony;; Michael D. Stong; E3enjami~~ Wolfc
al! of the aty a( Orange stale of CA each individually if lt~ere ~e more sban one earned. its tNe and iawf~ui attomeyin•fact to make. execute, seal, acknowledge and dei~rer, for and on its behalf as surety arxf as its ~.^! ~t;~i deed, ony and aN underialtings, bonds, tecognizarxes and ciher St~raty ohl gaGons, in pursuance of these presents a+~d shall be as finding upon the companies as if they have been duly s+gned by the prudent and atlested by the secretary of the Gom~an#es in their own proper persnns.

IN WITNESS WHEREOF, this Do ver of Aliomey has t subscribed by an authorized of~Ccer ar official ~f the Comp2n;es acid the Ccrpar~te seas of the Corrpar~es have been affixed thea~to this 21st day O( huvCmber 2033
Libe~Ey Mutua(Insurance Company
Py 11tSU,Q~
a~,t~+ ~~s~ ~ ~►~Su
pq The Qhio Casualty insurance Company
~Loc~oy~
r~6y~~ ~J~LQKPgA~
t~~9y~ `VP?
an~oR~ro~C+~ West AmQriCan Inst:~anCe Company
~ YY 19'f2 o a
Y 1919~0 ~ 1991 a ~~
~` $ y r ~4L~~j`
~ Yd,~y~j~cMy~~' ya O
`~h~xvs~,
aa~
rs ~No,~w*
dam ~~ 'C
~s David M. Carey. Assistant Secretary Q' ~
=' c`v State of PENNSYLVANIq ~ ~
~ C,twnty of MQi~T~C1MERY ~
Q ?
~ ~ On this 2 E st day of ~ovemb~r 20'2a before me perscznally aFRea~ed aa~d h4. Grey, who a~noH}edgzd himself to be the Assistant Secretary at Liberty Mutual Insurance c`~ ~ Q iss ~ampany, The Ohio Casua~ry Company, a~rl West American Insurance Company. and chat he, as such, ~eir~g autharizec~ sa is do, execute the foregoing irtstniment for the- purpas~s therein ca~taine~ by signing pn behalf o(Ne corparaG~ns Dy himseit as a duly auttwrited O~fiCer. ~ ~ a IN WRNESS WHEREOF, E have hereunto subsc€sbed my name and mixed my notarial seal at Plyma~th ~feetir,~, Pennsy~varia, on the day and year first above written. ~ ~ ._ ,.~ ~~;,~. f•~. CC~~~+xs!vrta~ H Peensy~asW • Notxj SAY ~,` ~ ~ ~ `:?~ '~f,~ 7 FdtMit i~33tE+1t, tlXily FiiEbC C ' ~ p ~ £fir tiq t~tr• iSsiCn c~5m5 fia^n 2H. 243 BV ~~~ lf~~QG~~` _ ""_ Q y C ` ~ '~ nY COR'Rt1SaC~t ttlirbt li~tall l:
ai ..~ -:,~'~ ~sr:~~' ~~ w~,►:~. ~~~, a ~:~.-K Teresa Pasteila, Notary Pubic aC o ca a~i
r`'~y ~'=
~ v
~ ~? mis ever of ~ttomey is made and executed pursuant to arxf by authority of tie fdtawsng Bytaws and AuthorizaGcnS of The Ohio Gasua(ty 1;tsurance Company. liberty Mutua( ~ o =Insurance Company, aid West Am~vican Insurance Gampany which ~esc~utians are now in fu~t force and efteci reading as follows: a ~ ~ ARTICLE iV -OFF#CERS: Sectiat► 12. Poser et Attorney. ~ o ~ Any offrcer or other official cf the Corporallon authorized far that purpose in writiRo by ohs Chaaman or tine President. and subject to such Iimitatian as the Chairman or the ~ ~ President may prescribe, sha14 anoint such attorneys-in-faG. as may be necessary to act i~ behalf of the Corporation ;o rr~ake, exeaie, seal, acknowl~cge aid deliver as sur~ry ~ = } ~ any and a! ur~ertakings, bonds. recogniza~es oral other surQty abtiga!ions Su::n attomeys•ir.-loot, sub~°ect to the fimitat~ns Set form in their t~speClive powers ~f aftbrney: sha11 v •~ L have (u1l power to bind Eha CorQoraC~on by their signature and execu#ion of anf such InsWmenlS and ko aEEach U~ereto t~'e seal of the Co~oratron. Y1fi~► so executed, Such o a~ z ~ instn~menls sh~aN be as binding as if signed by the President and attested to by tie Secretary. Any power or authority granted to any teprasen!aGve or attorney-in•fact under the '~ c~u provisions of the a~t~cle may tie re,roked at any Eime by the board, the Chairr,3an, the RresiCent ar by the officer or offic~+rs granling such power c~r authaoty, ~ Q AR7iClE XII{- Ezetution of Cbotracts: Secii~n 5. Surety Bct~ds and l3r~iertakings.

Tiny of ~cec of tip Company authorized for that {r~rpose in writing by the cha+rrnan or the president, ar~d subject to such Limitations as tie chairman or the president may prescribe, shall appoint such attwrseys n-fa~G a5 may be necessary to act in behalf of tto~ r.,or*.tpany to rr~ake, execute, seal < ar~cnowtedge and diver as surety any a~ a~ urCecWkings, hands, recograzances anal other surety obligaGans. Such attomeysan•f~t subject to itse Iim~taiions set torU~ in their respec~Ve payers of attorney, stall have lull power to bind tt~ Company by ih~e~r s~gnat~re and execu~~n of any such instrumenes and to attach !hereto the seal Qf the Carnpany. When so executed such insUuments shall be as binding as if signed by tie president and attested by the secretary.

Certificate of Designation -The President of'the Company, acting pursuan( to the 8ylar s ai the Company ; authorizes t~aavid M. C2rey, Assistant Secretary to aopant such attotn~ys•inF~t as mad be necessary to act an hehaft of the Company to make. execute, seal, ack~~owle~ige and deliver as surety any anrJ all undertakings, aon~.s, r~ogniza~s and ether surety obligations.

Authorization - By unanimous consent of the Cernpanys Board of (erectors, the Comp~y consents that facsimile or mechani~a~Iy reproduceii si~ature of any assistant secretary of tt~ Company, wherever oppearing upon a certifi~cl copy of any power o(attomey issued by Ehe company in cannec~on wish surety bor~is, s~►a11 be valid and binding upon the Company wi1~ the scene farce wnd effect as though manually affxed.

I, F~e~he~ C. LJe~elly~, the undersigned: Assisl~t Secretary. Tt~2 Ohio Casualty In;uran~e Company, liberty Mutual Insurance Compar►y, and 4Yes* American Insurance Campar~y Qo h~et~y c~ 3ry;J~~t its original power of attorney of wriich the foregoing is a full, true and coaeet copy of the Povr~r of Attorney executed by saiG Companies, is in full farce and eife~t and nos rot bcen r~~~s~&~:
;N S[3TIn~GNY,WHEl~OF; I nave herew~to set my pond and of~ixed the seals of said Companies this 14th da~~ or May .2024 ..
~~ *~ 11i3tl~p4 pyj^t IHg~ ~ 1NSCr~
~~°Av~r4 ~~ ~J`r4~st,~~~~~ .~'P ova°rr~r ~yC+
> s 1912 h o a 1919 n ~ ~1991~~ n ~ L.1 ' Y qj ^~' ~. '~',y ,`Q~ ~ 4 ~' Bye d,~ s, ~cNuy~ yD ~ HAY4~+~
dD~ +rs ~'CIAM~' as Renee C. ~'sweii Ass~stan: Secrete
tR~S1't813 IMIC OCiL''A'r~iC Mu@i Go 02121
..

Item 13 Page 118 of 191
EXHIBIT 4

INSURANCE REQUIREMENTS

1.0 REQUIRED INSURANCE POLICIES
At its own expense, Contractor shall obtain, pay for, and maintain —and shall require each of its Subcontractors to obtain and maintain —for the duration of the Agreement, policies of insurance meeting the following requirements:

A. Workers' Compensation/Employer's Liability Insurance shall provide workers' compensation statutory benefits as required by law. The policy shall be endorsed to waiver all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract.

Worker's CompensationlEmployer's Liability insurance shall be in an amount not less than:
(a) ONE MILLION DOLLARS ($1,000,00) per accident for bodily injury or disease; (b) ONE MILLION DOLLARS ($1,000,000) per employee for bodily injury or disease; and
(c} ONE MILLION DOLLARS ($1,000,000 policy limit.

B. Commercial General Liability ("CGL") {primary). City and its employees and agents shall be added as additional insureds, not limiting coverage for the additional insured to "ongoing operations" or in any way excluding coverage for completed operations. Coverage shall apply on a primary, non-contributing basis in relation to any other insurance orself-insurance, primary or excess, available to City or any employee, representative or agent of City.

Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation or other endorsement limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage.

CGL insurance must not be written for less than the limits of liability specified as follows:
(a) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including accidental death) to any one person;
(b) ONE MILLION DOLLARS ($1,000,000) per occurrence for personal and advertising injury to any one person;
(c) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; and (d) TWO MILLION DOLLARS ($2,000,000 general aggregate limit.

CGL insurance must include all major divisions of coverage and must cover:
(a) Premises Operations (including Explosion, Collapse, and Underground ["X,C,U"] coverages as applicable);
(b} Independent Contractor's Protective;

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Item 13 Page 119 of 191
(c) Independent Contractors;
(d) Products and Completed Operations (maintain same limits as above until five (5) years after recordation of Notice of Completion);
(e) Personal and Advertising Injury (with Employer's Liability Exclusion deleted); (fl Contractual Liability (including specified provision for Contractor's obligation under Article 11 of the General Conditions); and
(g) Broad Form Property Damage.

3. Umbrella or Excess Liability Insurance (over primary), if provided, shall be at least as broad as any underlying coverage. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no contractors limitation endorsement. The policy shall have starting and ending dates concurrent with the underlying coverages. The Named Insured may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits and complies with all other requirements listed here.

C. Business Automobile Liability Insurance

1. Business Automobile Liability Insurance must cover all vehicles, whether rented, leased, hired, scheduled, owned ornon-owned. If Contractor does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Business Automobile Liability Insurance coverage amounts shall not be less than the following:
(a) ONE MILLION DOLLARS ($1,000,000 per occurrence for bodily injury (including accidental death) to any one person; and
(b) ONE MILLION DOLLARS {$1,000,000 per occurrence for property damage; or (c) ONE MILLION DOLLARS ($1,000,000) combined single limit.

D. Contractors Pollution Liability Insurance (CPL)
Contractor or Subcontractor shall obtain, pay for, and maintain for the duration of the Contract Contractors Pollution Liability insurance that provides coverage far liability caused by pollution conditions arising out of the operations of the Contractor. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using Subcontractors, the policy must include work performed "by or on behalf' of the insured.

The policy limit shall provide coverage of no less than one million dollars ($1,000,000) per claim and in the aggregate. Coverage shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically inured; cleanup costs; and costs of defense, including costs and expenses incurred in the . Page 109 of l 17 .

Item 13 Page 120 of 191
investigation, defense, or settlement of claims.

All activities contemplated in the Contract shall be specifically scheduled on the CPL policy as "covered operations." In addition, the policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.

4. The policy shall specifically provide for a duty to defend on the part of the insurer. City, its o~cers, employees and agents shall be added to the policy as additional insureds by endorsement E. If Contractor maintains broader coverage andlor higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage andlor the higher limits maintained by the Contractor.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City

2.0 GENERAL REQUIREMENTS—ALL POLICIES
A. Qualifications of Insurer. At all times during the term of this Contract, Contractor's insurance company must meet all of the following requirements:
"Admitted" insurer by the State of California Department of Insurance or be listed on the California Department of Insurance's "List of Surplus Line Insurers" ("LESLI"), or non -
admitted insurer approved by the City.

Domiciled within, and organized under the laws of, a State of the United States; and Carry an A.M. Best &Company minimum rating of "A-VIII".

B. Continuation Coverage. For insurance coverages that are required to remain in force after the Final Payment, and if reasonably available, Contractor shall submit to City, with the final Application for Payment, all certificates and additional insured endorsements evidencing the continuation of such coverage.

C. deductibles or Self-Insured Retentions. All deductibles orself-insured retentions are subject to City's review and approval, in its sole discretion.

D. Commercial General Liability and Business Automobile insurance policies must be written on an "occurrence" basis and must add the City of Vemon and its officers, agents; employees and representatives as additional insureds.

E. Contractor's Insurance Primary. Other insurance (whether primary, excess, contingent or selfinsurance, or any other basis) available to City, or its representatives, or both, is excess over Contractor's insurance.

City's insurance, orself-insurance, or both, will not contribute with Contractor's insurance policy.

F. Waiver of Subrogation Endorsement. Contractor and Contractor's insurance company waive —
and shall not exercise— any right of recovery or subrogation that Contractor or the insurer may have against City, or its representatives, or both. . Page 1 10 of 1 17 .

Item 13 Page 121 of 191
G. Separation of Insureds. Contractor's insurance policy applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the naming of multiple insureds will not increase an insurance company's limits of liability.

H. Claims by Other Insureds. Contractor's insurance policy applies to a claim or suit brought by an additional insured against a Named Insured or other insured, arising out of bodily injury, personal injury, advertising injury, or property damage.

Premiums. City is not liable for a premium payment or another expense under Contractor's policy At any time during the duration of this Contract, City may do any one or more of the following:

1. Review this Agreement's insurance coverage requirements;

2. Require that Contractor obtain, pay for, and maintain more insurance depending on City's assessment of any one or more of the following factors:
(a) City's risk of liability or exposure arising out of, or in any way connected with, the services of Contractor under this Agreement;
(b) The nature or number of accidents, claims, or lawsuits arising out of, or in any way connected with, the services of Contractor under this Agreement; or (c) The availability, or affordability, or both, of increased liability insurance coverage.

3. Require the Contractor to obtain, pay for, or maintain a bond (as a replacement for an insurance coverage} from a California corporate surety, guaranteeing payment to City for liability, or costs, or both, that City incurs during City's investigation, administration, or defense of a claim or a suit arising out of this Agreement; or K. Contractor shall maintain the insurance policy without interruption, from the Project's commencement date to the Final Payment date, or until a date that City specifies for any coverage that Contractor must maintain after the Final Payment.

L. Contractor shall not allow any insurance to expire, cancel, terminate, lapse, ornon-renew.

Contractor's insurance company shall mail City written notice at least thirty (30) days in advance of the policy's cancellation, termination, non-renewal, or reduction in coverage and ten (10) days before its insurance policy's expiration, cancellation, termination, ornon-renewal, Contractor shall deliver to City evidence of the required coverage as proof that Contractor's insurance policy has been renewed or replaced with another insurance policy which, during the duration of this Agreement, meets all of this Agreements insurance requirements.

M. At any time, upon City's request, Contractor shall furnish satisfactory proof of each type of insurance coverage required— including a certified copy of the insurance policy or policies; certificates, endorsements, renewals, or replacements; and documents comprising Contractor's self-insurance program— all in a form and content acceptable to the City Attorney or City's Risk Manager.

N. If Contractor hires, employs, or uses one or more Subcontractors) to perform work, services, operations, or activities on Contractor's behalf, Contractor shall ensure that the Subcontractor complies with the following.

Meets, and fully complies with, this Agreement's insurance requirements; and

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Item 13 Page 122 of 191
Furnishes City at any time upon its request, with a complete copy of the Subcontractor's insurance policy or policies for City's review, or approval, or both. Failure of City to request copies of such documents shall not impose any liability on City, or its employees.

0. Contractor's failure to comply with an insurance provision in this Agreement constitutes a material breach upon which City may immediately terminate or suspend Contractor's performance of this Agreement, or invoke another remedy that this Agreement or the law allows. At its discretion and without waiving any other rights it may have pursuant to law, City has the right but not a duty to obtain or renew the insurance antl pay all or part of the premiums. Upon demand, Contractor shall repay City for all sums or monies that City paid to obtain, renew, or reinstate the insurance, or City may offset the cost of the premium against any sums or monies that City may owe Contractor.

3.0 CONTRACTOR'S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS A. Contractor shall have its insurance carriers) orself-insurance administrators) complete and execute the following insurance documents and shall deliver said documents at the same time Contractor delivers this Agreement to City. City will neither sign this Agreement nor issue a "Notice to Proceed" until the City Attorney or City's Risk Manager has reviewed and approved all insurance documents. City's decision as to the acceptability of all insurance documents is final. Sample insurance documents in the City's approved format are set forth in Exhibit 4.

B. Required Submittals for Commercial General Liability and Business Automobile Insurance and Contractor's Pollution Liability Insurance. The following submittals must be on forms satisfactory to the City Attorney or City's Risk Manager, and signed by the insurance carrier or its authorized representative —which fully meet the requirements of, and contain provisions entirely consistent with, all of the insurance requirements set forth herein.

1. "Certificate of Insurance"

2. "Additional Insured Endorsement"

3. Waiver of Subrogation Endorsement: "Waiver of Transfer to Rights of Recover Against Others" Both Certificates of Insurance and Additional Insured Endorsements must read as follows: "The City of Vernon, and its officers, agents, employees and representatives are included as additional insureds under the policy(s). This insurance is primary to all other insurance of the City. The City's insurance and self-insurance will apply in excess of, and will not contribute with this insurance. This insurance applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or a suit is brought. The issuing company shall mail thirty (30) days advance notice to the City for any policy cancellation, termination, non-renewal, or reduction in coverage." C. Required Submittals for Workers' Compensation Insurance. Contractor shall provide City with a certificate of insurance and a subrogation endorsement on forms satisfactory to the City Attorney or City's Risk Manager, and signed by the insurance carrier or its authorized representative —which fully meet the requirements of, and contain provisions entirely consistent with, this Contract's workers compensation insurance requirements. If Contractor is self-insured for workers' compensation, a copy of the "Certificate of Consent to Self-insure" from the State of California is required; or if Contractor is lawfully exempt from workers' compensation laws, an "Affirmation of Exemption from Labor Code §3700" form is required.

D. Required Evidence of Builder's Risk Coverage. Contractor will provide a certificate of insurance and a declarations page on a form satisfactory to the Ci#y Attorney or City's Risk Manager, and signed by the insurance carrier or its authorized representative. The policy terms must fully meet the requirements of, and contain provisions entirely consistent with, all of the insurance requirements set forth herein. The City shall be named as a loss payee on the insurance policy for the full replacement value of all buildings, structures, fixtures and materials to be constructed, maintained, repaired or supplied pursuant to this Contract.

Contractor agrees to monitor and review all such coverage and assumes all responsibility for

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Item 13 Page 123 of 191
ensuring that all required coverage is provided. Contractor agrees to obtain certificates evidencing such coverage.

F. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City or any other intlemnitee as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

G. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.

H. Any "self-insured retention" must be declared and approved by City. City reserves the right to require the self-insured retention to be eliminated or replaced by a deductible as approved by the City. Self-funding, policy fronting or other mechanisms to avoid risk transfer are not acceptable. If Contractor has such a program, Contractor must fully disclose such program to City.

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Item 13 Page 124 of 191
EXHIBIT 6

EQUAL EMPLOYMENT OPPORTUNITY

PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities,
B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age.

C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class.

D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.

E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited bylaw.

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Item 13 Page 125 of 191
EXHIBIT A6
Statement of Intent to Comply with Minimum Requirements of the California Covid-19 Industry Guidance: Construction

CITY OF VERNON

PUBLIC WORKS DEPARTMENT
Project Address: ~~~
Property Ov
Contractor:

Contractor's
The latest COVID-19 industry guidelines can be accessed at the following web address:
https:l/www.dir.ca.govldoshlcoronavirus/Guidance-by-Industry.html ~~
This document provides guidance for the construction industry to support a safe, clean environment for workers. The guidance is not intended to revoke or repeal any worker rights, either statutory, regulatory or collectively bargained, and is not exhaustive, as it does not include county health orders, nor is it a substitute for any existing safety and health-related regulatory requirements such as those of CaIIOSHA.1 Stay current on changes to public health guidance and state/local orders, as the COVID-19 situation continues. CaUOSHA has more safety and health guidance ontheir CaUOSHA COVID-19 Infection Prevention for Construction 2 Employers and Workers webpage.

CDC has additional guidance for businesses and employers, have read and understand the requirements listed above and certify that I will comply with the minimum requirements above.

Signature. Date. ~~
Print Name: ^'
Title: . Page 116 of 117 .

Item 13 Page 126 of 191

NOTICE INVITING BIDS
for
HVAC System Maintenance Services
Contract No. 20240267
in the
City of Vernon
One original sealed bid must be signed and submitted prior to 2:00 p.m., Tuesday, April 16, 2024, to the City Clerk’s Office, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, (“Bid Deadline”).

All bids shall be enclosed in sealed envelopes, distinctly marked “Bid” with the title of the bid and the bidder’s name and address appearing on the outside.

Bids shall be clearly titledand should be mailed or delivered in person before 2:00 p.m. on the Bid Deadline. LATE SUBMITTALS WILL NOT BE ACCEPTED. Bids will be opened in the City Clerk’s Office at Tuesday, April 16, 2024, 2:00 p.m. At the bid opening, the City Clerk shall open bid packages and acknowledge the receipt of Bids. Once all Bid Packages are opened and announced, the contents (collectively, the “Completed Bid Forms” and the uncompleted forms, the “Bid Forms”) will be made available for public review. Except as set forth in
Paragraph 22 (“Public Records”), the Completed Bid Forms, once removed from the Bid Packages by the City Clerk, will be a matter of public
record.

Bid Documents, Plans and Specifications are available at no charge at www.cityofvernon.org/planetbids. (If appropriate) Pre-Bid Meeting: A pre-bid meeting to answer any questions regarding the project plans and specifications is scheduled for 10:30 a.m. on Thursday, April 11, 2024, in the Public Works Department, 4305 Santa Fe Avenue, Vernon, California. This meeting is to answer any questions regarding the project plans and specifications.

Attendees must adhere to the State and local guidelines regarding COVID-19, including applicable industry guidelines for construction sites. Attendance is not mandatory.

City of Vernon Contact Person: Public Works Department
Attention: Kenneth Jackson, Facilities Supervisor
Phone: (323) 583-8811 ext. 216
Email: [email protected]
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Item 13 Page 127 of 191

Mandatory Qualifications for Bidder and Designated Subcontractors:

A Bid may be rejected as non-responsive if the Bidder fails to meet the essential requirements for qualification. General Scope of Work:

The City of Vernon is seeking the services of a highly qualified consulting firm (Contractor) to assist in:

1.)Quarterly maintenance (January, April, July and October) shall include: Inspect for refrigerant and oil leakage. Conduct operating checks; verify proper operation, safety switch operation, and set points. Check all alarms. Confirm that crankcase heaters are operational. Observe & note refrigerant sight glass and crankcase oil level. Confirm proper condensate drainage; connect hose and rinse all cooling coils, flush all drain pans, and drain lines each quarter. Check all fan belts for proper tension; adjust as required. For the 20-ton chiller, check integral chilled water storage tank and pump for proper operation. For boilers, verify proper heating operation, safety switch operation, set points and check alarms. Visually check chilled and hot water loop water at pot feeders (4 total).

Verify proper chilled water and hot water expansion tank air cushion (bladder pressure in the event of a bladder tank) and adjust as required. Check City water make-up PRV for each chiller and boiler loop (4 total) and note make-up water pressure downstream of each PRV. Air filter replacement will be handled by City personnel and is not part of this scope of work.

2.)Annual maintenance for cooling units (the two chillers, the 50-ton Trane rooftop unit, two 12-ton Trane condensing units, and all listed air handling units) shall take place in conjunction with the spring quarterly maintenance visit. Perform quarterly tasks. Perform SCAQMD / EPA refrigerant audit. Visually check all electrical contractors and tighten exposed terminations. Wash condenser coils with water and an EPA-approved, pHneutral coil cleaner. Wash all cooling coils with pH-neutral evaporator coil cleaner.

Check pump down cycle or drop isolation solenoid operation for each refrigeration circuit. Check hot gas bypass valve operation and setting for basement air handling unit.

Check temperature, operation, and safety circuits. Calibrate sensors. Inspect all contractors. Clean chilled water strainers at each penthouse air handling unit and in the 20-ton chiller. Log chiller operation.

3.)Annual maintenance for Variable Frequency Drive (VFD) controlling the Trane rooftop unit supply fan. Blow out all circuit boards with nitrogen. Wipe down inside of housing.

Tighten all high-voltage terminations. Check and investigate alarms. Verify proper response to duct static pressure transducer and note transducer setting vs. measured duct pressure.

4.)Annual maintenance for the two boilers shall take place in conjunction with the fall quarterly maintenance visit. Work to include performing quarterly tasks. Fully remove the entire burner assembly. Blow out firebox and thoroughly blow out the soot on the heat exchanger tubes. Clean burners. Replace hot surface ignitors and flame sensors.

Check temperature, operation, and safety circuits. Calibrate sensors. Inspect all ..

Item 13 Page 128 of 191

contractors. Clean hot water strainers at each penthouse handling unit. Reassemble and log operation.

5.) The City has several areas of the City Hall/PD complex that have a LON/BACnet Multi- protocol control system, graphics driven, using Smart Controls controllers. Quarterly, a four-hour on-site (not remote) control system review for the purposes of both reviewing system operation and training City staff will be included. During this review, the contractor will compare “set point” vs. “actual” operation data for each zone, as well as check overall system operation.

In the event of any conflicts, refer to the Procedure of Contract Documents” contained in General Conditions, Section 1.10. Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the essential requirements for qualification. As part of the Bidder’s Statement of Qualifications, each Bid must establish that:

1. Bidder shall have at least five (5) years of relevant experience performing services on similar years;

2. Bidder shall provide in its proposal, at least three (3) satisfactory references for work performed in the past five (5) years; 3 Bidder shall demonstrate an understanding of the project and knowledge of the disciplines necessary to complete the project and track records of delivering on time and on budget.

4. Bidder shall list five (5) reference locations where they not only maintain equipment similar to the equipment noted but also have installed and maintained for at least three (3) years the control system. The information noted below must be included with the proposal as well as proficiency certification in the specified control system to avoid having the bid be considered non-responsive.

Site 1: __________________________________________________________________ Contact Person: __________________________________________________________ Site 2: __________________________________________________________________ Contact Person: __________________________________________________________ Site 3: __________________________________________________________________ Contact Person: __________________________________________________________ Site 4: __________________________________________________________________ Contact Person: __________________________________________________________ Site 5: __________________________________________________________________ ..

Item 13 Page 129 of 191

Contact Person: _____________________________________________ Other Bidding Information:

1. Contract Schedule: This Work must be completed within 30 calendar days from the 1st day of each quarterly schedule (January, April, July, October) of commencement as established by the City’s written Notice to Proceed.

2. Amount of Liquidated Damages: $250 per calendar day.

3. Required Construction Staging Not part of this contract.

4. Intermediate Completion Milestones Not part of this contract.

5. Bidding Documents. Bids must be made on the Proposal Form contained herein.

6. Engineer’s Estimate. An Engineer’s Estimate of the cost of construction of this Work has been prepared. Said estimate is in the range of $_________ to $__________.

7. Acceptance or Rejection of Bids. The City reserves the right to reject any and all bids, to award all or any individual part/item of the bid, and to waive any informalities, irregularities or technical defects in such bids and determine the lowest responsible bidder, whichever may be in the best interests of the City. No late bids will be accepted, nor will any oral, facsimile or electronic bids be accepted by the City.

8. Contractor’s License. At the time of the Bid Deadline and at all times during performance of the Work, including full completion of all corrective work during the Correction Period, Contractor must possess a California contractor’s license or licenses, current and active, of the classification required for the Work, in accordance with the provisions of Chapter 9, Division 3, Section 7000 et seq. of the Business and Professions Code. In compliance with Public Contract Code Section 3300, the City has determined that the Bidder must possess the following license(s): C-20 (Warm-Air Heating, Ventilating and Air-Conditioning).

The Bidder will not receive a Contract award if at the time of submitting the bid, the Bidder is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active. If the City discovers at the time of the Bid Deadline that Contractor is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active, the City may reject the Bid, cancel the award, declare the Bid Bond as forfeited, keep the Bid Bond’s proceeds, and exercise any one or more of the remedies in the Contract Documents in addition to those provided by law.

9. Subcontractors’ Licenses and Listing. Bidders must list each Subcontractor whom the Bidder must disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and the Bidder must provide all of the Subcontractor information that Section 4104 requires (name, address, license number, public works contractor registration number issued pursuant to Labor Code Section 1725.5, and portion of the Work). An inadvertent error in the license number or public works contractor registration number will not be considered nonresponsive if corrected within 24 hours after the bid opening. In addition, the City requires the Bidder to list the dollar value of each Subcontractor’s labor or services. The City reserves the right to review and disqualify any proposed Subcontractor. The City’s disqualification of a Subcontractor does not disqualify a Bidder. In such case, prior to and as a condition to award of the Contract, the 35,000.00 50,000.00
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Item 13 Page 130 of 191

successful Bidder shall substitute a properly licensed and qualified Subcontractor— without an adjustment of the Bid Amount. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor’s license must be current and active for the portion of the Work listed and shall hold all specialty certifications required for such Work.

10. Permits, Inspections, Plan Checks, Governmental Approvals, Utility Fees and Similar Authorizations. Bidder shall submit plans and apply for a No-Fee Mechanical Permit.

Unless specified otherwise, all Governmental Approvals and Utility Fees shall be obtained and paid for by Contractor and will be reimbursed based on Contractor’s actual direct cost without markup.

11. Bid Forms and Security: Each Bid must be made on the Bid Forms obtainable on the City of Vernon planet bids website www.cityofvernon.org/planetbids. Each Bid shall be accompanied by a cashier’s check or certified check drawn on a solvent bank, payable to “City of Vernon,” for an amount equal to ten percent (10%) of the total maximum amount of the Bid.

Alternatively, a satisfactory corporate surety Bid Bond for an amount equal to ten percent (10%) of the total maximum amount of the Bid may accompany the Bid. Said security shall serve as a guarantee that the successful Bidder will, within fifteen (15) calendar days after the date of the award of the contract, enter into a valid contract with the City for said Work in accordance with the Contract Documents.

12. Bid Irrevocability. Bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline.

13. Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of securities for withheld funds is permitted in accordance therewith.

14. Prevailing Wages. This Project is a “public work” as defined in California Labor Code Section 1720. Contractor awarded this Contract and all Subcontractors of any tier shall not pay less than the minimum prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Work. The Director of Industrial Relations of the State of California, pursuant to the California Labor Code, and the rates determined by the California Director of Industrial Relations are available online at www.dir.ca.gov/DLSR/PWD/.

15. Payroll Records. Pursuant to SB 854, Contractor and any Subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).

16. Registration with the Department of Industrial Relations (DIR). No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR. ..

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Carlos Fandino
City Administrator
Dated: ___________ (Approved as to form by the City Attorney’s Office) Published: _______ ..

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City of Vernon
Instructions for Bidders
HVAC System Maintenance Services, Contract No. 20240267 for the Department Public Works
City personnel with whom prospective bidders will deal with are:

Kenneth Jackson, Facilities Supervisor, Public Works Department, 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 ext. 216
Bid opening date and time: April 9, 2024 at 2:00 pm (“Bid Deadline”).

Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058.

The bid must be received by the City Clerk’s Office prior to the time set for bid opening. A bid received by the City Clerk’s Office after the time set for the bid opening is a non-responsive bid and shall not be considered.

GENERAL BID REQUIREMENTS
To be considered, a bidder must strictly follow the format for bids in the specifications. Bids must be binding and firm. Any bids may be withdrawn before bid opening, but bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline.

1. CONTRACTORS LICENSE
The Bidder must possess a valid State of California Contractors License and must list type in the classification(s) specified in the Notice Inviting Bids at the time of the Bid Deadline and at all times during the performance of the Work, except as otherwise provided in California Business and Professions Code Section 7028.15.

2. INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND

ADDENDA
A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of any part of the Bidding Documents, or who finds discrepancies, errors or omissions therein or who finds variances in any of the Bidding Documents with applicable law, such Bidder shall at once submit a written request for an interpretation or correction thereof to the City’s representative identified in the Notice Inviting Bids, or other designated individual. All Bidders shall submit such written requests to City not less than ten (10) calendar days prior to the Bid Deadline. The person or entity submitting the request shall be responsible for its prompt delivery to City’s Contact Person identified in the Notice Inviting Bids.

Any interpretation or correction will be made only by Addendum issued by the City and a copy of such Addendum will be delivered to all Interested Bidders of record. ..

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Any Addenda so issued must be acknowledged in the Bid and the cost of performing Work described in the Addenda shall be included in the Bid. Bidder’s failure to acknowledge receipt of all Addenda may result in rejection of the Bid as nonresponsive. No person is authorized to render an oral interpretation or correction of any Bidding Documents and no Bidder may rely on any such oral interpretation or correction issued by the City. The City shall not be responsible for any other explanation or interpretation of the Drawings or Specifications, or for any oral instructions. City reserves the right to extend the Bid Deadline by issuing an Addendum to Interested Bidders no later than 72 hours prior to the Bid Deadline.

Bidders shall use complete sets of Bidding Documents in preparing Bids; City shall not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

B.Addenda will be made available for inspection at
www.cityofvernon.org/planetbids. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued and the Bidder shall acknowledge their receipt in the Bid.

3.OBTAINING DRAWINGS AND DOCUMENTS
Bidder may secure Bidding Documents only from the location specified in the Notice Inviting Bids. City will maintain a list of persons who obtained a copy of these Specifications (“Interested Bidders”). Only Interested Bidders will receive Addenda, if so issued.

4.BID FORMS – SUBMITTAL
A.The Bids shall be made on the forms provided herein with all blank spaces properly filled in.

B. The phraseology shall not be changed, and no additions shall be made to the items mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions attached to a Bid will render it informal and may cause its rejection. All forms requiring specific information shall be completed with all applicable information for a Bid to be considered responsive.

C. Include all Bid Forms, properly executed, and intact on forms provided. Enclose the Bid Forms in a sealed envelope; type or print on the envelope "BIDS for" followed by the title and Specification Number and the date and time of the Bid Deadline, and the Bidder's name and address. The envelope may be mailed, hand delivered, or delivered by courier or package delivery service.

D. One Original Bid shall be hand delivered, delivered by courier or package delivery service to the Office of the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058.

E. Bids received after the Bid Deadline or at any place other than the Office of the ..

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City Clerk will not be considered.

5.BID FORMS – AUTHORIZED SIGNATURES
A.The full name, business address, zip code, and business telephone number, with area code of the individual, partnership, joint venture, or corporation submitting the Bid shall be typewritten or legibly printed on the Bid Forms. The Bidder shall sign the form with his/her usual wet ink signature.

B. Sole Proprietorship: An individual shall sign. C. Partnership (General or Limited): A partner shall sign for a partnership; the partner shall give the names and addresses of all partners.

D. Corporation: An officer shall sign for a corporation. The corporate name must be attested by the corporate seal. The names and titles of the president and all officers of the corporation who are authorized to sign the Bid Forms must be listed in an authenticated Incumbency Certificate signed by the corporate secretary. A signature other than a corporate officer’s will be accepted only if an authenticated Incumbency Certificate is attached.

E.Joint Venture: Bidders shall use the appropriate section(s) listed above in B -D,
based on their applicable situation.

6. BID FORMS – SCHEDULE OF BID PRICES
A.The Bidder shall include in his/her Bid price(s) any and all expense or costs that may be necessary to complete the project in accordance with the requirements of the Contract. The cost of all mobilization, preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the various project sites must be included in the various bid items, and no extra compensation will be paid to Contractor.

B. The Bidder shall state for each item on the Schedule of Bid Prices form, in clearly legible figures, the Base Bid, the alternates, and the unit price and item total or lump sum, as the case may be, for which he/she proposes to supply labor, materials, and equipment and to perform the Work. Bids must not contain any erasures, interlineations, strike-throughs or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure or correction the initials of the person(s) signing the Bid. If any Bid, or portion thereof, is determined by the City to be illegible, ambiguous or inconsistent, City may reject such a Bid as being non-responsive.

C. In the case of a unit price item, the amount set forth, as the item total shall be the product of the estimated quantity times the unit price Bid. In the event of a discrepancy between the unit price Bid and the item total, the unit price shall prevail; however, if the unit price is ambiguous, unintelligible, or uncertain for ..

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any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern.

D.All requested Alternates, if any, shall be Bid. See the Schedule of Bid Prices for more information and the list of Bid Alternates, if any. If no change in the Base Bid is required, enter “No Change.”

7. BID SECURITY
A. Each Bid shall be accompanied by cash or a cashier’s check or a certified check, drawn on a responsible bank doing business in the United States payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as a principal and a California admitted surety company (as defined by California Code of Civil Procedure §§995.120 and 995.311) as surety (“Bid Security”).

B. All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of “A:VII” or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney.

C. Bid Security shall be in an amount not less than 10% of the Base Bid. Any Bid submitted without Bid Security will be rejected as non-responsive. The Bid Security shall be given as a guarantee that the successful Bidder will execute the Contract and will provide the insurance, bonds and other required forms within fourteen (14) calendar days after award of the Contract. Bidders will be entitled to return of Bid Security except when a successful Bidder forfeits its Bid Security. A forfeit may occur, for example, if the successful Bidder withdraws its Bid prior to the expiration of ninety (90) calendar days after award of the Contract; attempts to withdraw its Bid when the requirements of Public Contract Code § 5101 et seq. are not met; or refuses or fails to execute the Contract and provide the required bonds, insurance or certificates within fourteen (14) calendar days after award of the Contract. In any one or more of these events, if City awards the Contract for the Work to the next lowest responsible Bidder, the amount of the original lowest Bidder’s security shall be applied to the Contract Price differential between the lowest Bid and the second lowest Bid. Any surplus will be returned to the original ..

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lowest Bidder. If the City rejects all other Bids presented and re-advertises, the lowest Bidder’s Bid Security may be used to offset the City’s cost of re-advertising and receiving new Bids. In that case, the surplus if any, will be returned to the original lowest Bidder.

D. The Bid Security shall be held for ninety (90) calendar days after the award of the Contract or until posting by the successful Bidder of the payment and performance bonds, proof of insurance, return of executed copies of the Contract and necessary certification(s), whichever first occurs, after which time the Bid Security will be returned to all Bidders.

E. If a Bid Bond is to be submitted, Bidder shall use the form entitled "Bid Bond" contained in the Bidding Documents, which Bid Bond shall be properly executed and acknowledged by the Bidder and by a corporate surety authorized to transact such business in the State of California.

F. Any alteration of said form of Bid Bond, or imperfection in the execution thereof, as herein required, will render it informal and may, at the option of the City, result in the rejection of the Bid under which the Bid Bond is submitted.

8. BIDDER'S AND SPECIALTY CONTRACTORS’ STATEMENTS OF

QUALIFICATIONS
A. Each Bidder shall be required to complete, execute and submit with its Bid, the form entitled "Bidder's Statement of Qualifications Notwithstanding the provisions of Paragraph 22 herein, the Bidder’s Statement of shall not be public records. All information required by a Bidder’s or Specialty Contractor Statement of Qualifications shall be completely and fully provided. If no information is to be filled in a blank space, then write "none." Any Bid not accompanied by a Bidder’s Statement of Qualifications form completed with all information required may render the Bid non-responsive. If the City determines that any information provided by a Bidder in the Bidder’s Statement of Qualifications is false or misleading, or is incomplete so as to be false or misleading, the City may reject the Bid submitted by such Bidder as being non-responsive.
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B. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the contract documents. In selecting the lowest responsible Bidder, consideration will be given not only to the Bidder’s financial standing but also to the general competency of the Bidder for the performance of the work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public buildings for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder’s experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, and other factors which could affect the Bidder’s performance of the work.

9. DESIGNATION OF SUBCONTRACTORS
A.Subcontractor Listing. On the Designation of Subcontractors form, the Bidder shall list each Subcontractor whom the Bidder must disclose under the Subletting and Subcontracting Fair Practice Act, Public Contract Code Section 4104. The Bidder shall provide: each Subcontractor’s name, the trade and type of work that the Subcontractor will perform, the location (address) of the Subcontractor’s place of business, each Subcontractor’s license number, each Subcontractor’s public works contractor registration number, and the dollar value of each Subcontractor’s labor or services. If additive Alternate Bid Items are included in the Bidding Documents, the Bidder shall identify each Subcontractor performing additive Alternate Bid Items, when such Work or the combination of base Contract Work and Alternate Work exceeds one-half of one percent of the total Bid Amount.

B.Subcontractors’ Licenses. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor shall possess a current and active California Contractor’s license appropriate for the portion of the Work listed for such Subcontractor and hold all specialty certifications required for such Work.

C.Disqualification of a Subcontractor. The City has the right to review the suitability and qualifications of any Subcontractor proposed by the Bidder. As part of this review, the City may request a Bidder to submit additional information about one or more of the listed Subcontractors including, but not limited to a statement detailing the Subcontractor’s experience with pertinent information as to similar projects and other evidence of the Subcontractor’s qualifications. If requested, the Bidder shall provide the information to the City within the time specified in the City’s written request. After due investigation, if the City has a reasonable objection to any proposed Subcontractor, the City may, before giving the notice of award, require the apparent successful Bidder to submit an acceptable substitute.

The City’s disqualification of a Subcontractor does not disqualify a Bidder. However, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor without an adjustment of the Bid Price.
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D. Work of Subcontractors. The organization or arrangement of the Specifications and Drawings do not limit the extent of the Work for the Contract Documents.

Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings and other Contract Documents to all persons or entities submitting sub- bids to the Bidder. The omission of any portion or item of Work from the Bid or from sub-bids, which is reasonably inferable from the Contract Documents, will not be a basis for adjustment of the Contract Price or the Contract Time.

E. Ineligible Subcontractors. The successful Bidder is prohibited from performing Work on the Project with any Subcontractor who is ineligible to perform work on a public works project pursuant to California Labor Code Sections 1777.1 or 1777.7. In submitting its Bid, the Bidder certifies that it has investigated the eligibility of each and every listed Subcontractor and has determined that none is ineligible to perform work pursuant to the above code provisions.

10. CONTRACTOR’S AFFIDAVIT OF NON-COLLUSION
An Affidavit of Non-Collusion in the form provided by the City shall be signed under penalty of perjury, certifying that the Bid is not the result of and has not been influenced by collusion. Bidder shall submit this form with its Bid. Any Bid made without such affidavit, or believed to be made in violation of the requirements set forth in the affidavit form, may be rejected.

11. INSURANCE REQUIREMENTS
The Bidder shall submit to its insurance company or insurance agent the Insurance Requirements in this Specification and the Contract Documents. The insurance company’s underwriter or agent must complete the Insurance Requirements documentation which states that the insurer’s underwriter or agent will furnish the City with the required insurance documents within fourteen (14) days after the Bidder’s having been notified of the Contract’s award. The Bidder shall submit this form with its Bid. Any Bid made without this statement, or made with an incomplete statement, may be rejected.

12. EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK A. The Bidder shall examine carefully the site of the Work contemplated and the Drawings and Specifications. The submission of a Bid will be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of Work to be performed and materials to be furnished, the difficulties to be encountered, and to the requirements of the Drawings, Specifications, and other Contract Documents. The Bidder shall ascertain the locations of the existing utility services, and other underground facilities, and provide for carrying out its operations so as to cause the minimum possible inconvenience to the occupants of properties along any streets affected. All Work and costs involved in the safeguarding of the properties of others shall be at the expense of the Bidder to whom the Contract may be awarded. ..

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B. The Bidder hereby certifies that it has examined the local conditions, has read each and every clause of the Contract Documents, and that it has included all costs necessary to complete the specified Work in its Bid prices, and the Bidder agrees that if it is awarded the Contract, it will make no claim against the City based upon ignorance of local conditions or misunderstanding of any of the provisions of the Contract. Should the conditions turn out otherwise than the Bidder anticipated, the Bidder agrees to assume all risks incident thereto.

13.PRICES AND PAYMENTS Approximate quantities listed in the Schedule of Bid Prices are estimates given for comparing Bids, and no claim shall be made against the City for excess or deficiency therein, actual or relative. Payment at the prices agreed upon will be in full for the completed Work and will cover materials, supplies, labor, tools, equipment, and all other expenditures incident to a satisfactory compliance with the Contract, subject to all applicable provisions in the Contract and General Conditions.

14.PERMIT FEES If provided in the General Conditions, Contractor shall be reimbursed for the actual direct cost of all Permit Fees, as defined in Paragraph 1.01 and addressed in 1.03 of the General Conditions. Bidder shall exclude the cost of Permit Fees from Bidder’s Base Bid sum; Base Bid sum shall include the cost of administration and coordination for all Governmental Approvals and Utility Fees.

15.SUBSTITUTIONS No requests for substitution of any material, device, product, equipment, fixture, form, or type of construction shall be considered by City prior to award of the Contract. Bidders shall submit all requests for substitution and substantiating data, within seven (7) calendar days from the date of the Notice to Proceed. Bidder shall refer to the appropriate provisions of the General Conditions for additional information regarding substitutions.

Authorization of a substitution is solely within the discretion of the City.

16. RETURN OF IMPROPER BIDS
Bids submitted after the Bid Deadline are non-responsive and shall be returned to the Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted ..

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Bids shall not be considered unless the Notice Inviting Bids expressly permits such means of transmittal.

17.WITHDRAWAL OF BIDS Bidder may withdraw its Bid either personally or by written request any time prior to the scheduled Bid Deadline by notice to the City’s Contact Person designated in the Notice Inviting Bids. If such notice is written, it shall be signed by the Bidder and shall be date- stamped and time-stamped by the City upon receipt. Withdrawn Bids may be resubmitted before the Bid Deadline provided that they are in full conformance with these Instructions to Bidders. Once submitted, all Bids are irrevocable, except as otherwise provided by law.

Requests for withdrawal of Bids after the Bid Deadline shall be made only in accordance with California Public Contract Code § 5100, et seq. Bidder agrees by submitting a Bid that such Bid shall remain open, is irrevocable, and may not be modified, withdrawn, or cancelled for a period of ninety (90) days after award of the Contract.

18.OPENING AND EVALUATION OF BIDS
A.Bid Opening and Tabulation. The Bids shall be opened and read in public after the Bid Deadline has expired at the time and location listed in the Notice Inviting Bids. A tabulation of all Bids received will be available for public inspection at the Office of the Public Works Department, 4305 Santa Fe Avenue, Vernon, CA 90058 during regular business hours for a period of not less than thirty (30) calendar days following the Bid Deadline. The City reserves the right to accept or reject any or all Bids and be the sole judge regarding the suitability of the products, services or supplies offered; and/or to waive any irregularities or informalities in any Bids or in the bidding process. The City further reserves the right to purchase all or fewer than all items or quantities of each item listed in the Bidding Documents. The award of the Contract, if made by the City, shall be to the lowest responsive and responsible Bidder. If Bid Alternate Items are called for, the lowest Bid shall be determined according to Paragraph 20 below.

B.Evaluation of Bids.

1. Mandatory Qualifications. A Bid shall be rejected as non-responsive if the Bidder fails to document in the Bid that Bidder meets the essential requirements for qualification described in the Notice Inviting Bids. As part of the Bidder’s Statement of Qualifications each Bidder must establish that it, as the current entity: (1) has successfully completed at least three (3) similar projects involving similar work within the last five (5) years with a cost equal to or in excess of the Bidder’s Bid;

2.Responsive Bid. A responsive Bid is a Bid which conforms, in all material respects, to the Bidding Requirements and Contract Documents.

3.Responsible Bidder. A responsible Bidder is a Bidder who has ..

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demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the Contract Documents.

4.Competency of Bidders. In selecting the lowest responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of the Bidder for the performance of the Work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public works for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder’s experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, safety record and protocols and other factors which could affect the Bidder’s performance of the Work.

19. AWARD OF CONTRACT The City reserves the right to reject any or all Bids and to waive any or all information or technical defects, as the interest of the City may require. Award of Contract or rejection of Bids will be made by the City within ninety (90) calendar days following the Bid Opening.

20.BASIS OF AWARD
A.A Contract will be awarded to the lowest responsive and responsible Bidder meeting all requirements set forth in these Bidding Documents.

B.City reserves the right in its sole discretion to select any, all, or none of the Bid Alternates at the time of award of the Contract, regardless of whether such Bid Alternates were used in the analysis to determine the lowest Bid.

21.EXECUTION OF CONTRACT Within fourteen (14) calendar days after being notified by City that it has been awarded the Contract, Contractor shall deliver to the City the following documents:

A.One executed Contract in the form included herein, properly executed by Contractor and, if Contractor is a corporation, evidence of its corporate existence and that the persons signing the Contract are authorized to do so. All signatures must be notarized.

B.Properly executed copies of the (a) Performance Bond, (b) Labor and Material (Payment) Bond and (c) Maintenance Bond in accordance with the requirements set forth in Article 13 of the General Conditions and in the form shown on Exhibits 1, 2 and 3 attached thereto. All signatures must be notarized. ..

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C.Properly executed policies of all of the following: (a) the Commercial General Liability Insurance, (b) the Automotive Liability Insurance, and (c) Professional Liability, if required, and (e) the corresponding endorsements for each policy in accordance with the requirements set forth in Article 12 of the General Conditions.

In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for the State of California, or on days when City Hall is closed, the aforesaid documents shall be delivered by the following working day. After receipt of said documents within said time period or any extension thereof granted by the City, the City shall execute the Contract and return a fully executed copy to Contractor for its files.

22.PUBLIC RECORDS City seeks to conduct its business openly. Except as set forth in paragraph 8.A., upon opening, all Bids shall become a matter of public record and shall be regarded as public, with the exception of those elements of each Bid that are identified by the Bidder and plainly marked as “trade secret,” “confidential,” or “proprietary,” including any Statement of Qualifications and financial statements to be submitted by Bidders. Each element of a Bid which a Bidder desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents, or other, non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If City receives a request from a third party to make a Bid available for inspection and copying, the City will notify the Bidder of the request. If a Bidder instructs the City that the information is not to be released, City will withhold the information, provided, the Bidder expeditiously seeks a protective order from a court of competent jurisdiction to prevent such release. If disclosure is required under the California Public Records Act or otherwise by law (despite the Bidder’s request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof. Bidder shall indemnify, defend (including Bidder’s providing and paying for legal counsel for City), and hold harmless City, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, costs, or expenses arising out of or alleging City’s refusal to publicly disclose one or more records that Bidder identifies as protectable, or asserts is protectable.

23.PREVAILING WAGE RATES AND EMPLOYMENT OF APPRENTICES
A.Prevailing Wage Rates. The Bidder and all Subcontractors shall utilize the relevant prevailing wage rate determinations in effect on the first advertisement date of the Notice Calling for Bids in preparing the Bid Proposal and all component price quotations, provided, however, that when Davis Bacon wage rates apply, such rates are subject to increase by written notice, issued by Addendum not less than 10 ..

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calendar days before the Bid Deadline. Pursuant to California Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California and the United States Secretary of Labor have determined the general prevailing wage rates in the locality in which the Work is to be performed. Said rate schedules are available from the City at its Public Works Department, which shall be made available to any interested party upon request; or on the Internet at www.dir.ca.gov/DLSR/PWD/. The wage rate for any classification not listed, but which may be required to execute the Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. To comply with California Labor Code Section 1773.2, Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall also comply with the requirements of California Labor Code Sections 1773 et seq.

B. Apprenticeship Committee Contract Award Information. Pursuant to California Labor Code § 1777.5 and Title 8 of the California Code of Regulations § 230, Contractor and Subcontractors of any tier who are not already approved to train by an apprenticeship program sponsor shall, within ten (10) calendar days of signing the Contract or subcontract, as applicable, but in any event prior to the first day in which Contractor or Subcontractor has workers employed on the Project, submit the Public Works Contract Award Information form (DAS Form 140) to the appropriate local apprenticeship committees whose geographic area of operation include the area of the Project and who can supply apprentices to the Project. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City.

C. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract or subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City.

D. Notice to Subcontractors. Bidders shall notify all potential Subcontractors submitting price quotations for portions of the Work of the requirements concerning payment of prevailing wage rates, payroll records, hours of Work, and employment of apprentices.
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24. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR.

25. SPECIAL CITY REQUIREMENTS Special City forms and their instructions are an integral part of these specifications and failure to submit same may be grounds, in the sole discretion of the City, for rejection of any Bidder.

A.Prevailing Wage Where Applicable. Upon request, certified payroll documents shall be provided to the City.

B. Equal Employment Opportunity in Contracting. The City of Vernon is committed to a policy of equal opportunity in contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. Contractors expressly agree to comply with the City's ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting the Contract. Contractor certifies and represents that during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their age not discriminated against because of their race, religion, religious belief, color, national origin, citizenship, ancestry, disability, sex, age, medical condition, pregnancy, sexual orientation or marital status. Contractor certifies that it will not maintain any segregated facilities. Contractor shall comply with all applicable Federal and California laws including, but not limited to, the California Fair Employment and Housing Act (California Government Code Section 12900, et seq.), California Labor Code Section 1735, and The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

Contractor shall require like compliance by all Subcontractors employed on the Work.
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Item 13 Page 145 of 191

26. BID PROTEST PROCEDURES
A. Any Bidder submitting a Bid directly to the City and eligible for award of the Contract may file a protest if the Bidder complies with all of the following requirements and conditions:

1. The Bid protest is in writing;

2. A protest based upon alleged defects or improprieties in the Contract Documents is filed with the City prior to the Bid Deadline;

3. All other protests are to be filed and received by the City no more than five (5) calendar days following the City’s notice of intent to award the Contract; and

4. The written Bid protest sets forth, in detail, all grounds for the Bid protest, including without limitation: all facts, supporting documentation, legal authorities, and argument in support of the grounds for the Bid protest. All factual contentions must be supported by competent, admissible, and credible evidence.

B. Any matters not set forth in the written Bid protest will be deemed waived. Any Bid protest not conforming to the foregoing requirements and conditions will be rejected by the City as invalid.

C. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder’s submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal, state, and local laws. [END OF DOCUMENT]
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Item 13 Page 146 of 191

BIDDER'S PROPOSAL
The undersigned submits this Bid in response to the Notice Inviting Bids issued by the City to construct the Work of the following Project in accordance with the Contract Documents:

PROJECT:HVAC S stem Maintenance Services Contract No. 20240267 A. Enclosed herewith and by this reference incorporated herein and made a part of this Bidder's Bid are the following completed forms:

1.~ Bidder's Proposal

2. Schedul e o f Bi d Pnces

3.,/ Incumbency Certificate
1 4. ~/ Bid Security in the following form (check one):
❑Cashier's Check ❑Certified Check ( Bid Bond ❑Cash

5. ✓ Bidder's Statement of Qualifications

6. Experience Form

7. f~~~~ Statement of Violations of Federal, State or Local Law, if applicable

8. ~ Specialty Contractor Statement of Qualifications

9. ✓ Contractor Safety Questionnaire

10. ✓ Designation of Subcontractors

11.✓ Contractor's Affidavit of Non-Collusion

12. ,~ Insurance Requirements Affidavit

13. ~ Statement of Disqualification or Debarment

14. ~ Pre-Bid Site Inspection Certification
B. Acknowledgment of Addenda. The Bidder shall acknowledge the receipt of all Addenda by attaching a signed ~ copy of all Addenda, and by listing all Addenda received and attached in the space below. ,~
If an Addendum or Addenda have been issued by the City and not attached and noted above as being received by the Bidder, the Bid may be rejected.

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Item 13 Page 147 of 191
Bidder's Proposal
Respectfully Submitted

NAME OF BIDDER
COMPANY NAME: %~
ADDRESS: ~~~~(~~'~~L.~ P~O~t1>
~~n~1~ ~ e Pc qZ-F 7l~
CONTACT PERSON: , ~►J ~~~1i
TELEPHONE NUMBER: (o~~
E-MAIL: ~(,~.~1ne~, ~-~--~'I~~ ~~l.l~~~~-~1nC~~ ~~bh-q
CALIFORNIA STATE CONTRACTOR'S LICENSE NUMBER: ~~R~~I ~n EXPIRATION DATE: ~ GJ
TAX IDENTIFICATION NO.: ~ ~J 'C~
c'
SURETY COMPANY: _ ~~~~~-~ ~(~t`~f~Ny ~ C~UI~~~G~~~ y
All Bid forms must be signed where so indicated by the person or persons duly authorized to sign on behalf of the Bidder. By signing the Bid, the person signing is deemed to represent that he or she has authority to bind the Bidder.

Failure to sign the Bidder's Proposal may invalidate the Bid.

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Item 13 Page 148 of 191
BIDDER'S PROPOSAL — SIGNATURE(S):

Form of Entity of Bidder:

Please check the appropriate signature block below and fill in all related information. ❑ Sole Proprietorship:

Name:

Title:

Signature:

List all dlb/a's:
❑ Partnership:

Name:

Title:

Signature: _
Coraoration:

Na
Sig
❑General Partner ❑Limited Partner
❑ Joint Venture: ❑Corporation ❑Partnership
❑ Individual ❑Other
Name:

Title:

Signature:

Name of all Joint Venturers:

Corporate Officer Title: ~~ ~
Corporate Seal N ~ ~ '- . .
:.
~S- •~ ~,
~ -~~~ '•.
~,~P dyN ~
••~~\~J
J
~
~i~et~~c,ant.~
[If the Bidder is a corporation or a limited liability company, enter state or county of incorporation in addition to the business address and include an incumbency certificate executed by a Secretary thereof in the form set forth herein listing each officer with signing authority and his/her corresponding office. If the Bidder is a partnership or joint venturer stating that the respective partner or joint venturer agrees to be held jointly and severally liable for any and all of the duties and obligations of the Bidder under the Bid and under any contract arising therefrom. Attach evidence to the Bid Proposal Form that the individual signing has authority to do so.]

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Item 13 Page 149 of 191

SCHEDULE OF BID PRICES
PROJECT: HVAC System Maintenance Services, Contract No. 20240267 BIDDER'S NAME: - (z--- ~ — ri1 ~ tiE~~~(l~fit'U~C~ ~~MS~ ~ N~ '

BASE BID
r
Pursuant to and incompliance with your Notice Inviting Bids and Contract Documents relating to the Project including all Addenda (attach signed copies), Bidder, having become thoroughly familiar with the terms and conditions of the Contract Documents and with local conditions affecting the performance and the costs of the Work at the place where the Work is to be done, hereby proposes and agrees to fully perform the Work within the time stated in strict accordance with the Contract Documents (including the furnishing of any and all labor, materials, tools, expendable equipment, and utility and transportation services necessary to fully perform the Work and complete it in a workmanlike manner) for the total Base Bid sum of:

GRAND TOTAL BID ITEMS N0. 1 THROUGH N0.3
Iro~z-tY t~; r~~~hou.~~nd s i x ~►u.r~drecQ -~~~~-~ SQ~er~~ ,cam Dollars ($ `1Q ~ ~D~~'o ~~-- )
Quarterly Maintenance
Item No. Description Units Quantity Unit Price Per
Quarter
Total Cost Per Year
1, Quarterly Maintenance of Equipment Listed LS 1 b~ (~j~~Z~~~~ Service Calls
Item No. Description Units Hours per Hourly Rate Total Cost Per Year Year
2, Hourly Rate for Service Calls (Regular Hours, HR 200 4 ~ ~ ~'~' r
.Z~~ ~~QO
Monda — Thursda , 7:OOam to 5:30 m .

3. Hourly Rate for Service Calls (Overtime HR 50 `--i~ `~ ~' ~~~' Hours, Holida &Weekends .

SUBTOTAL FOR BID ITEMS NO.2 THROUGH NO.3 ~$ oZ J~ o n '1 ' ~ ~,ux~.'c~cS~~ ' All other work items, labor, materials, tools and incidentals which are not specifically listed in the above bid items, but are necessary to complete the project per specifications, and all other applicable standards and codes are considered to be included in the above bid items.

If there is a discrepancy between (1) the "Grand Total" shown immediately above, (2) any of the "total costs" shown in the far right column above, or (3) the individual Unit Price, then the Unit price shall control over the total cost, and the total cost shall control over the total. If, however, the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.

Bidder shall exclude the cost of Permit Fees from Bidder's Base Bid sum; Base Bid sum shall include the cost of administration and coordination of Governmental Approvals and Utility Fees.

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Item 13 Page 150 of 191
Re ec ully submitted:

Signature ~~~~~~~~ Addr ss
Title ~ ; `Go~.~ o~T •
s
~o~ Date
e F '•, = C
License N~an~e~ ; o : Da e of E piration
o :AUGUST 19, 1993: ~~
SEAL - if Bid ~s,bQ ~co~c~~~n~cs'~':~,
Attest:

Amount of Certified or Cashier's Check or Bid Bond $ ~ . 77 ~ D~v 0~ ~7"j -
~~ g~ ~~ S ~LeG~~ ~~ t_n
Name of Bonding Company: ~n c~,~],I ~ (.i~/ ~ I~ P~f~.l ~

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Item 13 Page 151 of 191

INCUMBENCY CERTIFICATE
Print legibly the names and title of the president and all officers of the Company who are authorized to sign the Bid Forms:

PRESIDENT'S &OFFICERS' NAME: TITLE:

The undersigned hereby certifies to the City f Vernon that he/she is the duly elected and acting Secretary of A~P~O~ ~NfE ~~ _ n►~~ ~-~ ►o~~►►.~~-,~: ' the "Company"), and that, as such, he/she is authorized to execute this Incumbency Certificate on behalf of the Company, and further certifies that the persons named above are the duly elected, qualified and acting officers of the Company, holding on the date hereof, the titles and positions set forth opposite their names and are authorized to sign the Bid Forms.

IN WITNESS WHEREOF, the undersigned has executed this Incumbency Certificate this ~ day of 2(~-
Se etary's Name-Pr' to
~.~ ~p1T I ON/Nc ''..
o ••••••• ecretary's Signature
,~ ; ~ ; ~ : Bond No.: CS ~ 2
• -
o : ~~UST 19 Premium Amount: $i
. c- ; ~ Jg93
~.~, ~ •
~ .
~~ ~'~~~FORN~P'~
Bontl s Effective Date:
'; '>i~' ~~ day • .... \, 5y, ~~

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Item 13 Page 152 of 191
Bond No. CSBA-26894

BID BOND
RECITALS:

1. The City of Vernon, California ("City"), has issued a Notice Inviting Bids for the Work described as follows:

Contract No. 20240267: HVAC System Maintenance Services in Vernon, CA. ("Project").

2. In response to the Notice Inviting Bids, Harbor Pointe Air Conditioning and Control Systems, Inc. (Name, address, and telephone of Contractor)
720 South Richfield Road, Placentia, CA 92870, (949) 859-6101 ("Principal"), has submitted the accompanying Bid for the Project.

3. Principal is required under the terms of the Specification and all Bidding Documents referenced in it to furnish a bond with the Bid.
- 4. The Specification, including all its amendments and supplements, and Principal's Bid are incorporated into this Bond and made a part of it by this reference.

OBLIGATION:

THEREFORE, for value received, We, Principal and
The Ohio Casualty Insurance Company, 790 The City Drive South, Suite 200, Orange, CA 92868 (Name, address, and telephone of Surety)
(714) 937-1400 ("Surety"), a duly
admitted surety insurer under California's laws, agree as follows:

By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators, successors, and assigns to pay City the penal sum of Ten Percent of the Amount Bid Dollars ($10% ) ("the Bonded Sum"), this amount comprising not less than TEN PERCENT (10%) of Principal's Base Bid, in lawful money of the United States of America.

The Licensed Agent for Surety is: Commercial Surety Bond Agency, 1411 N. Batavia St., Suite 201, Orange, CA 92867, (714) 516-1232 (Name, address, and telephone)
Registered Agent's California Department of Insurance License No. 0680930 THE CONDITION OF THIS BOND'S OBLIGATION IS THAT, if: (1) Principal does not (a) withdraw its Bid for the period specified in the Bidding Documents, or if no period is specified for ninety (90) calendar days after City awards the Contract for the Project, or (b) attempt to withdraw its Bid when the requirements of California Public Contract Code §5101 et seq., or any successor legislation, are not met; or (2) City awards Principal the Contract in response to Principal's Bid, and within the time and manner specified by the Specification or Contract Documents or if no period is specified within fourteen (14) calendar days after the Contract's award, Principal (a) signs and delivers to City the Contract, in accordance with the Bid as accepted, (b) furnishes the required bonds for not only Principal's faithful performance and proper fulfillment of the Contract, but also Principal's payment for labor and materials used in the Project, and (c) furnishes the required insurance, then this obligation becomes null and void.

Otherwise, this Bond remains in full force and effect, and the following terms and conditions apply to phis Bond:

1. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's guaranteeing that upon City's awarding the Contract to Principal, the Principal will enter into the Contract with City.

2. No right of action accrues on this Bond to any entity other than City or its successors and assigns.

3. If an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay in addition to the Bonded Sum City's reasonable attorneys' fees and litigation costs, in an amount the court fixes.

4. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate, . or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason.

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Item 13 Page 153 of 191
On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representative(s)under the authority of its governing body.

Date: April 17th, 2024
PRINCIPAL:

Harbor Pointe Air Conditionin nd Control Systems, Inc.
~Corr~ry~ a e)
~ (Signat~Ire)
By: f~ ~ ~~
(Name)
its: n ~ ~v (Title)
Address for Serving Notices or Other Documents.
720 South Richfield Road
Placentia, CA 92870
d Q`G' o~Qo~rFs'•~'oy
~. Q-: v F;~:
w.
~~~~rST 19,1993;
SURETY:

Ohi Casualt Insuranc man
mp y Nam
(Signature)
gy; Shaunna Rozelle Ostrom
(Name)
Its: Attorney-in-Fact
{Title)
Address for Serving Notices or Other Documents:
790 The City Drive South
Suite 200, Orange, CA 92868

CORPORATE SEAL
■ EVIDENCE MUST BE ATI"ACHED OF THE AUTHORI TY OF ANY PERSON SI GNING AS ATTORNEY IN-FACT. ■ THE ATTORNEY IN-FACTS SIGNATURE MUST BE NOTARIZED.
■ A CORPORATE SEAL MUST BE IMPRESSED ON TH1S FORM WHEN THE PRINCIPAL, OR THE SURETY, OR 80TH, ARE A CORPORA 170N.

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Item 13 Page 154 of 191
r

BOND ACKNOWLEDGMENT
FOR

SURETY'S ATTORNEY-IN-FACT

STATE OF CALIFORNIA )
ss

COUNTY OF )
On this day of , 20 ,
r
before me, (name), a Notary Public for said County, personally appeared (name), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of ,and acknowledged to me that he/she subscribed the name of thereto as principal, and his/he own name f as attorney in fact.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Notary Public
SEAL

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Item 13 Page 155 of 191

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Orange )
~7~ 04/17/2024 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer)
personally appeared Shaunna Rozelle Ostrom
who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the persons}, or the entity upon behalf of which the persons) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
,,~t;`:` '-•. MELISSA ~1NN VACCARO
WITNESS my hand and official seal. ~
= A,_,,~,~~'~.`~, COh1i~1. #:2401942 ~,
a ~ •: ~~ .-~-.~ - , Notary Public-California ~
LL ~' w1•~c~~~ ORANGE COUNTY u.

Signature 1~ '~' - ..~-~~¢Seal)
~'~? hiy Comm. ~cpires May 12, 2026
=~: -mac
Melissa Ann Vaccaro
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Item 13 Page 156 of 191
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.N~utual~
SURETY
This Po+~rer of Attorney limits the acts of those named herein, and they have no authority to kind the Company except fn the manner and to the extent herein sfated, Liberty Mutual Insurance Company
The ahio Casualty insurance Company
West American Insurance Company

POWER OF ATTORNEY
Bond No. CSBA-26894
Cenificace X10: 8209029-969561
KNOWN ALL PERSONS BY THESE PRESENTS: That The Qhid Casuafiy trzs;~rance CamFany is a caporatior► duly aganaed under itse laws of the State of New HarRpshire, i~R.at Liberty Muivai Insurance Company is a corpo~atien duly acganized under the Laws of the Sta;e of'~lassachusetts, and West American Insurance Cowpony ~s a corparation duty organized under the laws Qf the Slag of Ind2na (herein crn#ectis~ly spited the •Compani~.s`), pursuant to aM by authcxity herein set forth, does hereby name, cans6tute ar~d appanL Anur~ Ayala: Daniel fiuckabay; rldnan Langrell: Chets~a Liberatore: drank Morones; R. iVappi; Dwight Reilly: Shaunna Razeite Ostrom; Beri Stan;; Michael D. Stong:

Benjamin Wo)fe
al! of t~►e csty of Orange state of C.~ each indiv'sdua~ly if triere ~e more than ane named. iEs true and !awful attorney-in•fact to make, execu3e, seal, ackncwiedge anQ delitier, for and en its Deltalf as sur~iy and as its ~t 2r~d deed. any and 2p ;~rtdertaltings, bonds. recogn~zanc~ and ether surety obligaGonS, in pursuance a( these presets ar3d shall be as binding upon the companies as f they have been dulysigned by the pre~dent and attested by the secretary+ of the Comparriss in U~eir pwn proper persons. ,
iN Wt7NESS WHEREOF, this Poorer of At~me}r has hees~ subscribed by an auU~rize4 officer ar official 4f the Companies acid the Corporate seals of the Companies have teen fixed ;hereto This Z t st day of i~uvember 2033
v
c~
State of P€NNSYI.VANIT~ ~
Liberty A~utuaE insurar~ Corttpany
~ ~HsoR
Ltv tiag~, ~ tNSL,p~ The Ohio Casualty Ins~r~nce Company } oaP~~~~ZFn~ ~J~`oarrw,~
r~ y~ \VP;oAtoq
~roy~ WBSf M18~iC3ti I(1Stt(2r1C2 ~TIp2Ay
~ 7992 ~ ~ 1919 h ~ 1991 ~
Yd~e~7 clue*~da
Q3y h„~va~~,~a~
~s~~ o,nw *~aa~
B f '~'~
~ y~ 1~!
David M. Carey. Assist~t Secretary
w County of MON3GOMERY
~ ~ Ort ~hiS 2I st tfuy of vovember ?0~3 before me persa~ally appeared Da~~d t~. Cmfey. Who 8Clcnowledged himseH to be lf~e Assistant Se~re4~ry a3 Liberty f~utuai Insurance iv Camgany, The Qhio Casuatf~r Company, cad West American Insurance Company, anC That he, as soh, ~eirx~ authorized so to do, execute the foregoing instrument fog the purposes ~, ~ therein ca~taine~ by signing on beh~ii ct the corporations by himseft as a duly auttwri2~ o~cer. a~ t°
- ~ IN WITNESS WHEREOF, !hale hereunto subscribed my game and affixed my notana! seal at Pymasth t~eetirg, Pennsyivaraa, ort the day and year first above written. ~ ~N
Q ~ y~ ~~5r ^-_ ` ~ c .,yam+n~ tst' Ca~a~xr;yura'~ cf Penniy'+dMa - NoS:ry SmY ~ a .'~ `'f ~' ~ ~ : ~tl~st ?3Stt~a. Kxiiq P•rNC i/ ~f
+-~ ~ i.~ MCrt4~+r+ctY WtntY
~ ~ ~ ~~,, ~~ " ~~ ~l~~G~~~~~ 31~i ccrr• iss~n e,~res A~a~ 2E. 2435 8 J~,vl,(,~ 1 C ` S~ y ccxrmiaa~co~„~ea1,z~i.+~d y' aj .., ~.~, ''' ~~~~•:r reanvw. a n~p.~n i uc3wes+d ~:ou-~c Teresa PaSteila, Notary Pubic ~ y~ sr~%r~v s
~ .a? mis Power of Aifarey is made and exec~fed pursuant to and by authority of tt~ idfowtng By-laws and Authorizations pf The Ohs Casnatly Insurance Company. Liberty ~lutuaf ~ ~~ Insurance Company, and Wit Ar~te~Cdn ins~rar~e Campat~y whist Eesc,~utipns are rttrrr in full force ar~i ef(esi reading a5 follows, ~ ARTiCIE
N-OFFICERS: Bastian 12. Po~ere[Attorney<
~ Any officer or ocher official of the Corrorauon authorized for Ihat purpose in wntino by the Chairman er the President, and subja:t to such ~imita~on as fhe Chairman or the a u Aresident may prescribe, shalt appoint such attorneys-ln-fact, as nay to necessary to act in behalf of the Corporation ;o make, execu,e, seal, aClcnowledge aid d~iiver as surety ~+ ~ any ar~d al! ur~ertakings, bands, recognizances and ether surety obligations, Such attorneys-►NFact, sub;~ect to the limitat~ns set forv~ in U~eir r~speclive powers at 2tt~ney. sha4 a ~ have fuit power to bind the ~orporal+o~ by their signature and execution of any such ins~uments end to attach thereto the seal of tt►~ CflrporaFsori. YYhen so executed, such Z ~ instn~men4s shall be as binding as iI s~gnep by the Qresident and attested to by the S2c~etary. Any pourer or authority grant8d to any reprasantative or aUomey~in-fact undue the provisions of tt~s a~cle may be re+roked at any time by the Boanf, the Chai►man, the Presicent or by the c~t'~r w officers granting such pourer e~ auttsonty.

ARTICLE Xltl- E~cecubnn et Contracts: Section 5. Surety 8cnds ar~d Ur~dertakia~s.

Any officex of the Company authorized for that purpose in wn6ng by the chairm~ or the president, and s~ject to such timiWaions as tie chairman cx the president may prescribe. shag appant such atto~ys-~n-1~c as may ba necessary to act in behalf q( the company Lo make, execute, seal adcnowr{sdge and ddiver as surety any aid aq unGerialcings, toads, recograzances and other surely obligaGans. Such attorneys-in•fact subject to the limitations se! forth in their respective prnvers ~f attorney, shat! have hill power ~o bind N~e Company by their sgnature and execution of any such instruments and to attach thereto the seal of the Canpany. When so executed such insWments shalE be as bind~g as if signed by tie president and attest~l by the Secretary.

Certificate of Designation - 7t~e President of the Company, acting pursuant k~ the 8yla+rs of the Comp~y; authorizes Qavid M. Carey, Assistant Secretary to app~.vt~t such atwrneys•infact as may be necessary to act on behalf of the Company t~ make. execute, seal, ackrwwla~ge and deliver as surer any aid ail undertakings, bonds, recc~gn¢ances and ether su~e~y obligations.

Authorization - By unanimous cynsent of the Ceritpanys 8Qa~d of erectors. the Comp~y gnsents that tacs;rn~e or mechanically reproduced slgnatu~e of any assistant secretary of the Company, wherever oppeating upon a certifeed copy of any powEt oI aflomey issued by the Company in connection with surety bonds, shall be vapid and binding- upon the Company with the scene farce and efl`ect as though manuaiPy affixed.

I, Renee C. Llewellyn, the undersigned, Ass'sstant Secretary. The Rio Casualty Insurance Company, Liberty Mutu~ Insurance Cc3mmp2r~y, and Wei American InsurartC~ Company do hereby certify That the original paver of attorney of wh':ci~ the foregoing is a full, true and Correct copy of the Pov~er of Attorney executed by said Companies, is in full force and effect acid his ntlt beer► revake~:
~R TE31'IMdN"Y ~.li!r1rREt7f, I tfave hereunto set my hind and o~xed the seas of said Companies this 17th any of Apri 1 , 2024 , ~
~J*4 A ~R4y~,
eJ~ p'`oaraq,~~'egZ ~P~~ro~~y
J r `~ofi t`.+ °ot~ ~3L
r~o~cn
~ '1812 ~ " 7918 ~ ~ 1991 h — ~,~
d~, ,,~~~~5~ .~a p MAY4D~ a'~ ~ ~o~„K> a
~ .
e~~ t*~a ,~y~ ~a~► s,,M * ~~,a Renee C. Llewellyn, rlss~atant Secretary Lt,~a.12873 IMIC CyiC Vt1+titG,Murii Co 02/21
.~S
~ ~fS7
o~
Q o
p~
as ~ N
a M
L~
ao
~ r
~~
co — -a `~
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Item 13 Page 157 of 191

BIDDER'S STATEMENT OF QUALIFICATIONS

1. ORGANIZATION

1.1 How many years has your organization been in business as a Contractor?

1.2 How many years has your organization been in business under its present name?

1.2.1 Under what otheflnames has your or nization operated? ~-I=~t2 I~,(~)c -Nc'~I tl T ~ ~I~ ~DYI l~ 1~1(`>111 ~.~~-~ ~

1.3 If your organization is a corporation, answer the following:

1.3.1 Date of incorporationlorganization: ~(r,1A`~T 1
v~ , I `1 `~~

1.3.2 State of incorporation/organization: .~~t-(,~ ~(~~_~ 1 ~~

1.3.3 Corporate ID number: ~ ~ ~p~- ~~

1.3.4 Name of President: ~ - ~ ~ ,Z_

1.3.5 Agent for Service of Process: ~~ ~~~.~~~~~~~~ ~ ~-

1.4 If your organization is a partnership, answer the following:
i 1.4.1 Date of organization/formation.

1.4.2 Type of partnership (if applicable):

1.4.3 Names) of general partner
f 1.4.4
l
List all states ' ich you are registered and state ID numbers for each:

1.5 If your organization is individually owned, answer the fo

1.5.1 Date of organization:

1.5.2 Name of owner:

1.6 If the form of yo ganization is other than those listed above, describe it and name the principals:

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Item 13 Page 158 of 191

2. 2.1

2.2 2.3

3. 3.1

4. LICENSING
List jurisdictions in which your organization is legally qualified to do business, indicate registration or license numbers, nd category of license, if applicable. ~ 1 IZ 1
C ~O~{ 2-~j Z-
~ist 'urisdictions 'n which your organization's~artnership or ade name 's filed. ~. ~ ~ ~d~o X29
List any licensing suspensions and/or violations assessed against your organization within the past f~ years.
(~
List the categories of W rk that your organization normally pert rms with its own personnel. v~.~ - > ~ ~
-- ~.
t~c.rl C,ti ~~ CQ..1 t f i C c~~ 1

3.2 the Experience Form, list the project information that establishes that Bidder meets the essential requirements for qualification set forth in the Mandatory Qualifications paragraph of the Notice Inviting Bids for this Project.

3.3 On a separate sheet, list projects to which your firm or business has been awarded a government contract since your firm or business has been in existence (giving the name and address of the project, the government agency, contact name and phone number, the contract amount, and contract's starting date and ending date).

3.4 On a separate sheet, list the experience and present commitments of the key individuals of your organization.

CLAIMS; LAWSUITS; CRIMINAL ACTS
For the following questions, the term "owner" does not include owners of stock in your firm if your firm is a publicly traded corporation.

4.1 In the past five (5) years, have, you, your firm or any of its owners, partners, officers, or employees been a defendant in court, or participated in an arbitration or mediation, on a matter related to:

a ~~
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Item 13 Page 159 of 191

4.1.1 The performance, non-performance, default, violation, or breach of a contract or agreement?
❑ YES ~ NO

4.1.2 A vehicle collision or accident involving your firm's employees? ❑ YES ~ ~~~ NO

4.1.3 Damage to real property arising out of your services or operations? ❑ YES ~] NO

4.1.4 Employment-related litigation brought by an employee of your firm? ❑ YES °.'' NO

4.1.5 Payment to a subcontractor or supplier?
YES ❑ NO

4.1.6 Defective, deficient, or substandard work?
~ YES ❑ NO
If the answer to any questions in 4.1.1 to 4.1.6 is YES, identify the name of the person or entity that sued (i.e., "the plaintiff') or was involved in the mediation or arbitration; list the date, court, court address, and case number; describe the facts and circumstances giving rise to the lawsuit, mediation, or arbitration; and set forth the outcome or disposition. Attach additional sheets as necessary.

4.2 Have you or your firm ever filed a claim for damages or a lawsuit, or requested arbitration or mediation, against a government entity or a Client?
~ YES ❑ NO
If YES, identify the government entity or client; list the date, court and case number; describe the facts and circumstances about the claim for damages, or the lawsuit, or both; and set forth the outcome or disposition. Attach additional sheets as necessary.

4.3 Are there any pending or outstanding judgments or liens against you, your firm, or any of its owners, partners, officers, or employees?
❑ YES ~ NO
If YES, identify the name of the person or entity entitled to payment; list the date court and case number; describe the facts and circumstances giving rise to the judgment or lien; and set forth the amount of the judgment or lien, Attach additional sheets if necessary.

4.4 In the past five (5) years, has any government entity ever: (a) investigated, cited, disciplined,

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Item 13 Page 160 of 191
1 a .~~~, or o `. to Y~K ~'
~~r``~~~nirrg efr ControC
S~s~e

4.1.5 US Motors
Harbor Pointe had US Electric Motors work on 3 separate motors far hospital clients, which failed immediately upon installation.

Harbor Pointe refused to pay the invoices associated with the work, and sued US Motors for its damages incurred in the rebuild of the motors and labor associated with the reinstallation.

US Motors cross-complained for the monies on the invoice. The case is still pending out of Los Angeles Superior Court, case number 23NWCV01035, filed April 4, 2023.

4.1.6: and 4.2 San Gabriel Valley Medical Center
Harbor Point was owed $204,456.06 for work performed at San Gabriel Valley Healthcare dba San Gabriel Valley Medical Center and sued for breach of contract. The case was filed in the Superior Court of Los Angeles County, case 23AHCV01032 on May 8, 2023.

San Gabriel Valley cross complained for breach of contract and negligence alleging issues with workmanship.

The parties voluntarily mediated the case and resolved it with San Gabriel Valley Medical Center paying Harbor Pointe and the case was dismissed.

On the matter of the Cross Complaint -The whole matter was dismissed, without payment on the cross-complaint —
720Soutk?~,ichfie~d~~,oad •Placentia • C~. 928?'0 •License 91(Q. 683516 L
Office: (657)275-9188.1-800 377-7911
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Item 13 Page 161 of 191
or assessed any penalties against you, your firm, or any of its owners, partners, officers, or employees, or (b) determined or concluded that your firm or any of its owners, partners, officers, or employees violated any laws, rules, or regulations? ❑ YES ■ NO
If YES, identify the government entity; list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.

4.5 In the past five (5) years, have you, your firm or any of its owners, partners, officers or employees been convicted of a crime related to the bidding of a government contract, the awarding of a government contract, or the performance of a government contract? ("Convicted" includes a verdict of guilty by a judge or jury, a plea of guilty, a plea of nolo contendere, or a forfeiture of bail.)
❑ YES ~ NO
If YES, identify the government entity; list the date, court and case number; describe the facts and circumstances about each instance; and set forth the penalty or punishment imposed. Attach additional sheets as necessary.

4.6 In the past five (5) years, have you, your firm, or any of its owners, partners, officers or employees been convicted of a crime involving embezzlement, theft, fraud, forgery, bribery, deceptive or unlawful business practices, perjury, falsifying or destroying records or evidence, or receiving stolen property, or making or submitting a false claim? ❑ YES ~ NO
If YES, identify the crime or offense; list the date, court and case number; describe the facts and circumstances about each instance; and set forth the penalty or punishment imposed. Attach additional sheets as necessary.

4.7 Have you or, if Bidder is a corporation, any principal of the corporation ever been convicted of a felony?
❑ YES ~ NO
If YES, please explain the details of that conviction and, if so, whether you or said officer have served his or her sentence.

4.8 In the past five (5) years, has a government entity determined or concluded that you, your firm, or any of its owners, partners, officers or employees made or submitted a false claim (including a false claim for payment), or made a material misrepresentation? ❑ YES ~ NO
If YES, identify the government entity, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.

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Item 13 Page 162 of 191
1 4.9 Have you or your company ever been charged by any governmental agency for failure to follow safety procedures? If YES, please explain.
❑ YES ~ NO
t

4.10 Has any governmental agency ever submitted a complaint against you or your firm to the California State Labor Commission for failure to submit certified payrolls? If your answer is "Yes", please provide the details of such complaint. ❑YES ~ NO

5. FIRM'S OPERATIONAL STATUS

5.1. In the past seven (7) years, has your firm, or anyone else acting on behalf of your firm, filed for bankruptcy, insolvency, receivership, or reorganization? ❑ YES ■ NO
If YES, list the filing date, identify the court and case number; describe the facts and circumstances giving rise to each instance; and set forth the disposition or current status.

Attach additional sheets as necessary.

5.2. In the past five (5) years, has your firm had an consolidations, mergers, acquisitions, closings, layoffs or staff reductions?
❑ YES ~ NO
If YES, list the filing date, and describe the facts and circumstances about each instance.

Attach additional sheets as necessary.

5.3. Is your firm in the process of, or in negotiations toward: (a) consolidating, merging, selling, or closing its business, or (b) laying off employees or reducing staff? ❑ YES ~ NO
If YES, describe the transaction; list the anticipated date for completing the transaction, laying off employees, or reducing staff; and describe the facts, circumstances, and reason for taking the action. Attach additional sheets as necessary.

6. BIDDIN G, ~ DEB ARMENT, CONTRACT PERFORMANCE

6.1. Has a government entity ever debarred, disqualified, removed, suspended, or otherwise prevented you or your firm from bidding on, contracting, or completing a construction project?
❑ YES ~ NO

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Item 13 Page 163 of 191
If YES, identify the name of the government entify, list the date, and describe the facts and circumstances about each instance, and state the reason for the government entity's action against your firm. Attach additional sheets as necessary.

6.2. Has a government entity ever rejected your firm's Bid or Proposal on the ground that you or your firm is a "non-responsible" bidder or proposer? ❑ YES ~ NO
If YES, identify the name of the government entity, list the date, describe the facts and circumstances about each instance, and state the reason or basis for the government entity's determining that your firm was a "non-responsible" bidder. Attach additional sheets as necessary.

6.3. Have you or your firm ever failed to fulfill or perform —either partially or completely — a contract or an agreement with a government entity or a client? ❑ YES ~ NO
If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.

6.4. In the past five (5) years, have you or any officer or principal of your firm been an officer of another firm which failed to perform a contract or agreement? ❑ YES ~ NO
If YES, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.

6.5. Has your firm ever advised a government entity or a client, while your firm was under contract with the government entity or client, that your firm could not (or would not) fulfill or perform —either partially orcompletely —the contract or the agreement based on the prices that your firm had originally submitted in a Bid or a Proposal? ❑ YES ~ NO
If YES, list the date, identify the name of the government entity or client, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.

6.6. Has your firm ever requested a government entity or a client, while your firm was under contract with the government entity or client, to renegotiate one or more terms of the existing contract or agreement?
❑ YES ~ NO
If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.

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Item 13 Page 164 of 191
L

6.7. Has your firm ever requested a government entity or a client, while your firm was under contract with the government entity or client, to: (a) cancel the contract or agreement, or (b) release or discharge your firm form the contract or agreement? ❑ YES j~' NO
If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.

6.8. Hasa 9 overnment entit Y or a client ever terminated sus p ended ornon-renewed Y our firm's contract or agreement before its completion?
❑YES ~ NO
If YES, identify the name of the government entity, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.

6.9. Has a government entity or a client ever notified or advised your firm that your firm's performance under a contract or agreement was poor, sub-standard, deficient, or noncompliant? ❑YES ~ NO
If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.

6.10. In the past five (5) years, has your firm paid, or has your firm been assessed, liquidated damages on a contract or agreement?
❑ YES ■ NO
If YES, identify all such contracts/projects by owner, owner's address, the date of completion of the project, amount of liquidated damages assessed, and all other information necessary to fully explain the assessment or payment of liquidated damages. Attach additional sheets as necessary.
~ 7. INSURANCE AND BONDS

7.1. In the past ten years, has an insurance company or a surety company:

7.1.1. Refused to insure your firm for liability coverage? ❑YES ~ NO

7.1.2. Canceled ornon-renewed your firm's insurance coverage? ❑YES ~ NO

7.1.3. Refused to issue your firm a bond?
❑YES ~ NO

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Item 13 Page 165 of 191

7.1.4. Canceled or revoked a bond obtained by your firm? ❑ YES ~ NO
If the answer to any questions in 7.1.1 to 7.1.4 is YES, identify the name of the insurance company or surety company, list the date, and describe the facts and circumstances about each instance. Attach addition sheets as necessary.

7.2 In the past ten (10) years, has an insurance company or surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims against a performance bond, payment bond, or maintenance bond issued on your firm's behalf? ❑YES ~ NO
If YES, identify each contract completed or amount of each claim, the name and telephone number of the claimant, the date, grounds and current status of the claim, and if resolved, the method, nature, and amount of the resolution. Attach addition sheets as necessary.

8. SURETY

8.1 If a performance and/or payment bond is required by this bid, identify the bonding company if arrangements for the bond have been made; if not, identify the bonding company for the Contractor's most recent project:

J~i►~~r ~`o~~s`~C"r~ ~~, ~~~~c~~~ - Los ~(~t~t
~~zo~ ~x~u~m►~ ~, ~~s~~~~.~~~, ~~ ~v~-~zc~

8.2 Name and address of agent:
~ ~ ~ ~ ~ " ~ ~fi~e,2a
~ T r v~ '~ ~
All of the above statements as to experience, financial qualifications, and available plant and equipment are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the Bidder.
hereby certify under penalty of perjury under the laws of the state of California that the representation made herein are true and correct. ,. --
Signature of Bi
L

i7(cr~t t~~
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Item 13 Page 166 of 191

BIDDER'S EXPERIENCE FORM
PROJECT NAME: HVAC System Maintenance Services CONTRACT N0. 20240267 COMPANY NAME: ~~~jb~-P(~) fJTE^ (~ ~(j~i-}-t 00~~ tom- ~ ('DN`~f~cx. ~~T~V~,1~ 1 tom. ***Please use additional sheets if necessary
List below the project information that establishes that Bidder meets the essential requirements for qualification set forth in the Mandatory Qualifications paragraph of the Notice Inviting Bids for this Project.

CONTRACT CONTRACT CONTRACT PROJECT NAME AND CONTACT PHONE 4TART ~ATF FND ~ATF ~ AMnIJNT AGENCY ADDRESS CnNTACT NAMF NIIMRFR 1 2
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All of the above statements as to experience submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the Bidder. I hereby/certi u der alty of perjury under the laws of the state of California that the representation made herein are true and correct. / ~ I _
Signature of Bid ~ '
Print Name: ~f'VL I i~~ et r t~~
State of California Contractor's License No.

Contractor's License expiration date

~~~
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Item 13 Page 167 of 191
E

BIDDER'S EXPERIENCE FORM
PROJECT NAME: HVAC System Maintenance Services CONTRACT N0. 20240267 COMPANY NAME: -~~~~bi~T~E ~12C~D~~~~~o~J~tiE~ 2 C~tJ-~2~~~St~~~~~~ ~ ~~ ***Please use additional sheets if necessary
List below the project information that establishes that Bidder meets the essential requirements for qualification set forth in the Mandatory Qualifications paragraph of the Notice Inviting Bids for this Project.

CONTRACT CONTRACT CONTRACT PROJECT NAME AND CONTACT PHONE START ~ATF FNS ~ATF ~ AMnl1NT AGENCY A~nRFSS f:nNTA(:T NAME NI IMRFR 3 ~ 1/ 12C~1 ~
5 ~r~. ~~
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All of the above statements as to experienc~re sub fitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by,~ the Bidder. I he,~eby er ify under penalty of perjury under the laws of the state of California that the representation made herein are true and correct. ~ ( /
Signature of Bi
Print Name: .~a ~ c ~~~~-~Z ~ N
State of California Contractor's License No.~~~ ~1 t~
Contractor's License expiration date lZ ~,t aUZ.~

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Item 13 Page 168 of 191

SMART CONTROLS
Certificate of Authorization
This certificate is proudly presented to:

Harbor Pointe Air-Conditioning and Control Systems, Inc.

In recognition of their commitment to excellence and their demonstrated expertise, Smart Controls LLC hereby certifies that Harbor Pointe Air-Conditioning and Control Systems, Inc. is an Authorized System Integrator of Smart Controls LLC's commercial building automation controls.

Harbor Pointe Air-Conditioning and Control Systems, Inc. has fulfilled all the necessary criteria required to be recognized as a partner capable of delivering high-quality solutions using Smart Controls LLC's high-performance, cost-effective controls, sensors and software.

Issued On: 15-April-2024
Valid Through: 14-April-2026
Certificate Number: 0424CA1483
We commend Harbor Pointe Air-Conditioning and Control Systems, Inc. for their professionalism and dedication to providing superior building automation solutions and look forward to a continued partnership and success.

Signature: ~~
Name: David Kniepkamp
Title: Director of Engineering and Manufacturing
Smart Controls LLC
10000 St. Clair Ave.

Fairview Heights, IL 62208-1726
www. smartcontrols.com
0000 St. Clair Ave. •Fairview Heights, IL 62208 • (6 18) 394-0300 ..

Item 13 Page 169 of 191

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

Type of Material (a) Disposed in
Class III Landfills
(b) Diverted from
Class III Landfills by
(c) [Leave This
Column Blanks
(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 ubmi d t the City
SIGNATURE:

TITLE: ~^
DATE: ~- ~ ~ ~L-~ --

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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Item 13 Page 170 of 191

CONTRACTOR SAFETY QUESTIONNAIRE
i
Company Name: ~ ~ ( ) ~ hs' YItY ~ T~
Primary Type of Work: ~"U~~ C~(~Gt(',~t''
Person Completing Form: s ~~~ ~~
Title: ~~1~ Phone Number: ~7 ~~]~ —~ ~ ~j
Date:

SAFETY PERFORMANCE

1. List your company's Interstate Experience Rating Modifier (ERM)1 for the three most recent years. 20~. ~ ~ ~.
20~
20~

2. List your company's number ofinjuries/illnesses from your OSHA 300 logs for the three most recent years. 20~ 20 oZ ~ 20~_
a. Fatalities ~ ~~
b. OSHA recordable incidents ~_ ~
c. Lost work day incidents _~- _~
d. Total lost work days ~ ~
e. Total hours worked ate_ ~t~ j~cJ ~`~ ~~

3. Upon request from the City, the contractors) shall provide copies of the following items (a-g); and Items (dg)for each listed Subcontractor a). OSHA 300 logs for the most recent three years e). Training Plans and current year-to-date
b). Verification of ERM from your insurance carrier fl. Training Certificates for Employees c). Injuryllllness Report g). Emergency Response Training d). Complete written Safety Program

4. Company Safety Contact:
a. Name
s~ ~VV11~1 I ~ ~~j'L2_
b. Phone ~n~~ ~ o~~~ ~ ~ (~~
1 ERM =applies to workers' compensation policies. It compares the experience of this contractor to others of similar size, type and ratio. Used against annual premium. It has a direct correlation to how much the contractor pays in workers' comp premium.

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Item 13 Page 171 of 191
CONTRACTOR SAFETY QUESTIONNAIRE (continued)

SAFETY PROGRAM
SAFETY PROGRAM DOCUMENTATION Cir e One
a. Do you have a written safety program manual? Yes No
1) Last revision date ;~(~~~
b. Do you have a written safety field manual? es No
c. Are all workers given a booklet that contains work rules, responsibilities, and other appropriate information? es o

2. POLICY AND MANAGEMENT SUPPORT
a. Do you have a safety policy statement from an officer of Yes No the company?
b. Do you have a disciplinary process for enforcement Yes No of your safety program? ~~
c. Does management set corporate safety goals? Ye No
d. Does executive management review:
❑ Accident reports? es No
❑ Safety statistics? No
❑ Inspection reports? es No
e. Do you safety pre-qualify subcontractors? Ye No
f. Do you have a written policy on accident reporting Yes No and investigation?
g. Do you have alight-duty, return-to-work policy? es No h. Is safety part of your supervisor's performance evaluation? Yes No i. Do you have a personal protective equipment (PPE) policy? ~ No j. Do you have a written substance abuse program? Yes No If Y es does it include C check all a PP licable boxes ) [~ Pre-employment testing Return-to-duty testing
~ Random testing Disciplinary process
Reasonable cause testing [~ Alcohol testing
Post accident testing Q National Institute on Drug Abuse Panel Screen
k. Does each level of management have assigned safety Yes No duties and responsibilities?

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Item 13 Page 172 of 191
~~

3. TRAINING AND ORIENTATION
a. Do you conduct safety orientation training for each
employee? Ye No
b. Do you conduct site safety orientation for every Yes No person new to the job site?
c. Does your safety program require safety training meetings? Yes No for each supervisor (foreman and above)?
How often?
[Weekly ❑Monthly ❑Quarterly ❑Annually ❑Other
d. Do you hold tool box/tailgate safety meetings
focused on your specific work operations/exposures? Ye No How often?
Weekly ❑Daily ❑Other
e. Do you require equipment operationlcertification training? ~ No

4. ADMINISTRATION AND PROCEDURES
a. Does your written safety program address
administrative procedures? Ye No
If yes, check which apply:

I/ Pre project/task planning .~ Emergency procedures
.1,~ Record keeping ~ Audits/inspections
Safety committees ~ Accident investigations/reporting
~ HAZCOM ~/ Training documentation
l/ Substance abuse prevention Hazardous work permits
Return-to-work ~ Subcontractor p re q ualification
b. Do you have project safety committees? Yes o
c. Do you conduct job site safety inspections? es No
How often?
❑ Dail Y ❑ Weekl Y ❑ Monthl Y ~ ~ Other
-
Do these inspections includes a routine safety
inspection of equipment (e.g., scaffold, ladders, fire
extinguishers, etc.)? Yes No
d. Do you investigate accidents? Yes o
How are they reported?
❑ Total company ❑ By superintendent
❑ By project [~ By project manager
❑ By foreman ~ In accordance with OSHA
e. Do you discuss safety at all preconstruction and progress meetings? Ye No ,~

...~
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Item 13 Page 173 of 191
f. Do you perform rigging an lifting checks prior to lifting. Ye No Fnr nQrsonnel ~[t For equipment ❑Heavy lifts more than 10,000 Ibs.) .

5. 6.

WORK RULES
a. Do you periodically update work rules?
When was the last update? Z~
b. What work practices are addressed by your work rules? No
❑ CPR/first aid ❑Access—entrances/stairs
❑ Barricades, signs, [~ Respiratory protection
and signals
❑ Blasting ~ Material handling/storage
~ Communications ❑Temporary heat
[~ Compressed air and gases [~ Vehicle safety
❑ Concrete work [Traffic control
(~" Confined-space entry ❑Site visitor escorting
Q Cranes/rigging and hoisting [v]~ Public protection
(~" Electrical grounding [~ Equipment guards and grounding [~ Environmental controls and [~/]~Monitoring equipment Occupational health
[~ Emergency procedures [~ Flammable material handling/storage ~ Fire protection and prevention ~ Site sanitation
❑ Floor and wall openings ❑Trenching and excavating
[~ Fall protection ~ Lockout/Tagout
~ Housekeeping ~ Energizedlpressurized equipment
[~ Ladders and scaffolds
~ Mechanical equipment/ [✓~ Personal protective equipment maintenance/pre-op checks/ Tools, power and hand
operation [Electrical power lines
Welding and cutting (hot work) ❑Other

OSHA INSPECTIONS
a. Have you been inspected by OSHA in the last three years? b. Were these inspections in response to complaints?
c. Have you been cited as a result of these inspections? If yes, describe the citations (add additional sheets if necessary):
~I
Yes No
Yes No
Yes N

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Item 13 Page 174 of 191

DESIGNATION OF SUBCONTRACTORS
NAME OF BIDDER: ~k
- J~ `I-'~).~ ~(~l'(~.~.~`~1~)I(l ~C-~~ ~CI'1~~~(
J `f~i1~1S~ C~~-- '
~~
Each Bidder must list, on the form provided on the next page, each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed in the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Drawings and Specifications, in an amount in excess of one-half of one percent of the Contractor's Base Bid Amount. Each Subcontractor must have an active and current license, and all requisite specialty certifications, when listed.

Bidder must provide the following information for EACH Subcontractor.

1. The name of the Subcontractor;

2. The trade and type of work that the Subcontractor will perform;

3. Location (address) of Subcontractor's place of business;

4. Subcontractor's license number; and any specialty licenses;

5. Subcontractor's public works contractor registration number; and

6. Dollar value of the Work that the Subcontractor will perform.

Subletting or subcontracting of any portion of the Work in excess of one-half of one percent of the Contractor's Base Bid to which no Subcontractor was designated in the original Bid shall only be permitted incases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City setting forth the facts constituting the emergency or necessity.

If the Contractor violates any of the above provisions the Contractor may be in breach of this Contract and the City may exercise the option, in its own discretion, to (1) cancel this Contract, or (2) assess the Contractor a penalty in an amount not more than ten percent (10%) of the amount of the subcontract involved, and this penalty shall be deposited in the fund out of which the prime Contract is awarded.

If the Contractor fails to specify a Subcontractor, or if the Contractor specifies more than one Subcontractor for the same trade or type of Work to be performed under the Contract inexcess ofone-half of one percent of the Contractor's Base Bid Amount, then the Contractor agrees that he/she is fully qualified to perform that Work himselflherself, and that he/she shall perform that Work himself/herself. If after award of Contract, the Contractor subcontracts any such Work, the Contractor will be subject to the statutory penalties.

DESIGNATION OF SUBCONTRACTORS FORM

IS ON THE FOLLOWING PAGE

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Item 13 Page 175 of 191
Please type or legibly print (attach additional sheets as necessary).

Name of Subcontractor Email Contact
Information
Trade and Type
of Work to be
Performed
Business Location
~~ ~ ~ ~ ° 1
` ,
~~ ~ ~ ~_~ ~ e~~
`tom,
~
Public Works
License Contractor Dollar ($) Value Number Registration Number

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Item 13 Page 176 of 191
The Contractor shall not:

A. Substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except that the City may consent to the substitution of another person as Subcontractor in any of the following situations:

1. When the Subcontractor listed in the Bid, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract for the scope of Work specified in the Subcontractor's bid and at the price specified in the Subcontractor's bid, when that written contract, based upon the general j terms, conditions, Drawings and Specifications for the Project or the terms of Contractor's written l Bid, is presented to the Subcontractor by the Contractor;

2. When the listed Subcontractor becomes insolvent or the subject of an order for relief in bankruptcy;

3. When the listed Subcontractor fails or refuses to perform his/her subcontract; ~,

4. When the listed Subcontractor fails or refuses to meet the bond requirements of the Contractor as set forth in Public Contract Code Section 4108;

5. When the Contractor demonstrates to the City that the name of the Subcontractor was listed as the result of an inadvertent clerical error;

6. When the listed Subcontractor is not licensed pursuant to the Contractors License Law;

7. When the City determines that the Work performed by the listed Subcontractor is substantially unsatisfactory and not in substantial accordance with the Drawings and Specifications, or that the Subcontractor is substantially delaying or disrupting the progress of the Work;

8. When the listed Subcontractor is ineligible to work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code; or

9. When the City determines that the listed Subcontractor is not a responsible contractor.

B. Permit any subcontract to be voluntarily assigned or transferred or allow it to be p erformed b Y an Y one ,~ other than the original Subcontractor listed in the original Bid, without the consent of the City.

C. Other than in the performance of "change orders" causing changes or deviations from the original Contract, sublet or subcontract any portion of the Work in excess of one-half of one percent of the Contractor's Base Bid Amount as to which his/her original Bid did not designate a Subcontractor.

Prior to approval of the Contractor's request for a Subcontractor substitution, the City shall give notice in writing to the listed Subcontractor of the Contractor's request to substitute and of the reason for the request. The notice will be served by certified or registered mail to the last known address of the Subcontractor. The listed Subcontractor who has been so notified shall have five (5) Working Days within which to transmit to the City written objections to the substitution. Failure to file these written objections shall constitute the listed Subcontractor's consent to the substitution.

If written objections are filed, the City shall give notice in writing of at least five (5) Working Days to the listed Subcontractor of a hearing by the City on the Contractor's request for substitution.

The Contractor, as a condition to asserting a claim of inadvertent clerical error in the listing of a Subcontractor, shall within two (2) Working Days after the time of the Bid Deadline, give written notice to the City and copies of such notice to both the Subcontractor he/she claims to have listed in error and the intended Subcontractor who had bid to the Contractor prior to the Bid Deadline.

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Item 13 Page 177 of 191

QUESTIONNAIRE REGARDING SUBCONTRACTORS
Bidder shall answer the following questions and submit with his/her Contract proposal.

1. Were bid depository or registry services used in obtaining subcontractors bid figures in order to compute your bid? Yes ❑ No ~

2. If the answer to No. 1 is "Yes", please forward a copy of the rules of each bid depository you used with this questionnaire.

3. Did you have any source of subcontractors' bids other than bid depositories?

4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ❑ No ~

5. If the answer to No. 4 is "Yes", please explain the following details:
(a) Date:
(b) Name of person or group:
(c) Job involved (if applicable):
(d) Nature of the threats:
(e) Additional comments:
(Use additional paper if necessary)

6. Was a conscious effort made to recruit or provide equal opportunity for bids by minority or project area subcontractors? Yes ❑ No ~

7. Was a conscious effort made to recruit and hire project area lower-income residents? Yes ❑ No ~
Please submit statement.

8. We declare under penalty of perjury that the foregoing is true and correct.

Dated this ~~ day of ~ I , 20~:

All of the above statements as to experience, financial qualifications, and available plant and equipment are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the bidder. /~

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Item 13 Page 178 of 191

CONTRACTOR'S AFFIDAVIT OF NON-COLLUSION

STATE OF CALIFORNIA )
COUNTY OF Y~ )
~1~'ll~(1 l ~-P~~li being first duly sworn, deposes and says:

1. That he/she is the ,~ I ~t {Title of,o ice if a corporation, "sole owner," "Partner," or other proper title) of ~ ~, ~, ~eei~after called "Contractor") who has submitted to the City of Vernon a Bid for the construction of the HVAC System Maintenance Services, Contract No. 20240267;

2. That said Bid is genuine; that the same is not sham; that all statements of fact therein are true;

3. That said Bid is not made in the interest or behalf of any person, partnership, company, association, organization, or corporation not named or disclosed;

4. That Contractor did not, directly or indirectly induce, solicit, agree, collude, conspire or contrive with anyone else to submit a false or sham bid, to refrain from bidding, or withdraw his/her bid, to raise or fix the Bid price of Contractor or of anyone else, or to raise or fix any overhead profit, or cost element of Contractor's price or the price of anyone else; and did not attempt to induce action prejudicial to the interests of the City of Vernon, or of any other Bidder, or anyone else interested in the proposed Contract;

5. That the Contractor has not in any manner sought by collusion to secure for himself an advantage over any other Bidders or induce action prejudicial to the interests of the City of Vernon or of any other Bidder, or anyone else interested in the proposed Contract;

6. That the Contractor has not accepted any bid from any Subcontractor or material supplier through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or material supplier, which is not processed through said bid depository, or which prevent any Subcontractor or material supplier from bidding to any Contractor who does not use the facilities of or accept bids from or through such bid depository;

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Item 13 Page 179 of 191

7. That the Contractor did not, directly or indirectly, submit the Contractor's Bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except to the City of Vernon, or to any person or persons who have partnership or other financial interest with said Contractor in hislher business. declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated this ~, day of `'~ at ~ G~~P,{~~~(Gl
Month/Year City State
~- ~~r~ ~i ~ Cc,~~rri o~~~v C~-~~rrt~zo~~ 5, f nL, j
~~~ ~ `~'k e ~~~ t
Cg~t~~or (Ple e Pri
Contractor's Sig C~
Title

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Item 13 Page 180 of 191
THE giDDER'S INSURANCE COti1PANY(S) OR INSURANCE AGENT MUST COMPLETE THIS FORM AND
THE BIDDER MUST SUBMIT THIS CERTIFICATION WITH THE BID FORMS.

I, the undersigned (Please check one box) ~ underwriter X agent, certify that I and the Contractor listed below have jointly reviewed the "Insurance Requirements" in these Bidding Documents and the Contract Documents. If the City of Vernon ("City") awards the Contractor the Contract for this project, t will be able—within fourteen (14) calendar days after the Contractor is notified of the Contract's award—to furnish the City with valid insurance forms (including one or more insurance certificates and additional insured endorsements) that fully meet all of the Insurance Requirements.

Travelers &Everest Premier 4/19/24
Name of Insurance Company
AssuredPartners of CA
Insurance Agent's Name (Printed)
(signatures _ ~a.~uren Uoun blood
27042 Towne Centre Dr. #120
Date
Lauren Youngblood
Insurance Agent's Name
Foothill Ranch CA 92670
Address Ciiy State Zip Code
949-769-3708 lauren.Youngblood@assuredpartners. com
Telephone Number Email Address
Contractor's Name City Specification Number
Below State the Name of Insurance Company Providing Coverage:

DO NOT wnte "Will Provide, To Be Determined, When Required, or similar phrases.

Travelers Travelers
Commercial General Liability Automobile Liability
Everest Premier
Workers' Compensation Liability
City Will Purchase Policy, if reQuired
Builders Risk Pollution Liability
(NOTE TO CONTRACTOR: See "Insurance Requirements" EXHIBIT 4 of the Contract for the requirement of obtaining Pollution Liability Insurance.]
NOTE TO THE UNDERWRITER /AGENT: If the insurance forms that the Co ntrac t o r sub mats t o the City ~ do no t fully comply with the insurance Requirements, andlor if the Contractor faits to sub►nit the forms within the 14-day time limit, the City may: (1) declare the Contractor's Bid non-responsive, and (2) award the Contract to the next lowest responsible Bidder.

J
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Item 13 Page 181 of 191

CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
(323) 583-8811
Website: www.cityofvernon.org
Article I. Affidavit of Equal Opportunity Employment &
Non-segregation (Form AA-1)
Article II. Vendor List Questionnaire (Forms AA-2 & 3)
In order to be placed to the City's vendor list and be eligible to receive City business, you must provide the following information except where indicated as ~~optional." By submitting this form you are declaring under penalty of perjury under the laws of the State of California and the laws of the United States that the information is true and correct. Furthermore, you are certifying that your firm will adhere to equal opportunity employment practices to assure that applicants and employees are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your firm does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained.

Name of Company: ~~1i~1~,~-- )nee ~~r ~r`~r1~~-r~ox~i~>~,~~~-~~v~S~tigT~rUS~ lac ~J Business Telephone: ~l"rJ7
—~j ~ — G} ~~
Address: ~~~ ~Ct.C1~-I- ~S`u~~~L~~ ~(5~~~
~-`-~
City: ~-1~1G1~ ~41-h ~~! State: ~ .c Zip 2 g~ ~
Contact Person ~~3Y~i1'1i ~ ~rlt= 1 Z__ E-mail Address ~ ~ l~rloor.~o 1~1~-e . c' c~ s~ ~ optional)
Tax ID Number (or Social Security Number) r~~--C~~ ~C~~~~ Remit Address (if different)
Please state clearly and concisely the types) of goods nd services your company provides:
~-~-V ~C- ~ ~~~V ► N~~ i.~~r.0 ~ ~~ ~ ~n ~h rp n~ ~ ~~~ n~4-~~ I,1 / r~ c~ , t~-1-~ n ~~ ,n r~ P -~--r~ The following section is OPTIONAL and is for statistical reporting purposes only. Ownership (please check all that apply):

African-American Asian Armenian Hispanic Native American Disabled Female

.~
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Item 13 Page 182 of 191
Project Workforce Utilization (Form AA-2~
This form is to be included in all bid documents for projects involving labor or services valued at $25,000 or more.

Instructions: Please indicate the job titles/classifications to be used in the performance of this contract should it be awarded to your firm. Please indicate the number of employees in each job classification as well as the number of new hires, if any, as a result of this contract.

Name of Company: ~~~~~r:~n~t`E Project: -~1~AC ~~~~S..i ~,~l~i~'l~ YY_e cP~U 1(~~~ 7 ~L-`~vZ~~- Job Titles/Classification Estimated number of existing staff to be employed in this classification if awarded the contract
Estimated number of new hires to be employed in
this classification if awarded the contract
' e -~ ~ e ~ Lr ~ ~1
r a ~n
~~
Are any current employees or potential
new hires Vernon residents? If so, how
ma nY? ~(,'`f~ I~ ~C l--~tS `(~ ~Yl 2~ VS) ~~P~1.~~ ~N v ~1 ~ o `~l I ~ ~~~iJo ~ (~~1 - c~~~ ~ ~-e ~C~-~-~T~~

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Item 13 Page 183 of 191
Current Permanent Workforce Utilization (Form AA-3
` n f
Name of Company: ~C~I~~ ~,{1T~ ~Ir~ i~il~~lc~c(~~
Project: ~~' ~~~±~ 1 ~{~ ' ~ 1 ~' nC~ ~ ~ 1 C~C~_..S - ~2~0~- Completion of this form is OPTIONAL. Any information supplied by vendors is for reporting purposes only and will not be factored into the award of any contract.

Instructions: Please indicate the number of employees in each .lob Classification belonging to the following groups.

White
(not of Hispanic
origin)
African-American
(not of Hispanic
origin)
Hispanic Asian/Pacific
Islander
Native
American
Armenian Male Female

CLASSIFICATION
Officials/
Managers
f
1 i {
~ ~
Professionals
Technicians
office/Clerical i 1
Skilled Craft Workers
Operators
(semi-skilled)
Laborers
Service Workers
TOTAL
—~ ~Z

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Item 13 Page 184 of 191
l~
EXHIBIT A6
Statement of Intent to Comply with Minimum Requirements of the California Covid-19 Industry Guidance: Construction

CITY OF VERNON

PUBLIC WORKS DEPARTMENT
,~- n
Project Address: ~~~~) c~/~kt'1 f`f~- ~~ ~ljP ~,~, Yr"nOh T~ ~~ ~ ~~
Property Owner: ~1, ~ r' ~ `~~
Contractor: IU ~ ~~ c ~
Contractor's Address: 77~ c~`~D~~ Y"N ~ i/' V~ f-i ~_~ ~ ~n~i~ , ~I ~a~~FYYY~I 1~iG ~ ~~- ~, The latest COVID-19 industry guidelines can be accessed at the following web address:
https://vwvw.dir.ca.aov/Bosh/coronaviruslGuidance-bv-Industrv.html This document provides guidance for the construction industry to support a safe, clean environment for workers. The guidance is not intended to revoke or repeal any worker rights, either statutory, regulatory or collectively bargained, and is not exhaustive, as it does not include county health orders, nor is it a substitute for any existing safety and health-related regulatory requirements such as those of CaIIOSHA.1 Stay current on changes to public health guidance and statellocal orders, as the COVID-19 situation continues. CaI/OSHA has more safety and health guidance on their CaI/OSHA COVID 19 Infection Prevention for Construction 2 Employers and Workers webpage.

CDC has additional guidance for businesses and employers. have ead a u erstand the equ' e ents ' d above and certify that I will comply with the minimum requir me s abov . _
Signatu Date:

Print Name: ~~~1n~ IU ~~ ~FN
Title: [~~~

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Item 13 Page 185 of 191
EXHIBIT 5
Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit

CITY OF VERNON

PUBLIC WORKS DEPARTMENT
Construction Stormwater Program
Permit Number: ~ Date:
r Applicant. ~'U ~~t' t'DIn1~~ Ir~(1~1TID~1 f~,~ Phone: (p~~~- ~~~ ~ ~~~ Project Address: ~-e ,~ ~ h~i, ~ ~~~nnr~, ~' ~- q DC~=~ t r
Property Owner: ~.~ ~~/ O `~' ~,P.~~1/~~ '" ~ (~-~-`/ -~cZ I Contractor: O ~ t ~- 20 C.. ~~ IU~S~ ~~1~-
~ Contractor's Address: ~2(~ ~~(~(,~_~}- ~ ~-~~~e ~~ ~pc~~ ~ ~(G~-.~ ~i ,~~~,~ ~~ ~S~ b The National Pollutant Discharge Elimination System (NPDES) is a portion of the Clean Water Act that applies to the protection of receiving waters. Under permits from the Los Angeles Regional Water Quality Control Board (RWQCB), certain activities are subject to RWQCB enforcement. To meet the standards of the Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watershed of Los Angeles County, Except those Discharges Originating from the City of Long Beach MS4 (CAS004001), the City of Vernon has adopted minimum standards for stormwater runoff from development construction activities.

These minimum standards require the implementation of an effective combination of erosion and sediment control Best Management Practices (BMPs) to prevent erosion and sediment loss, and the discharge of construction waste at each site. At a minimum, the construction activity associated with the construction project identified above shall be conducted in such a manner that:
➢ Prevents illicit construction-related discharges of pollutants into the MS4 and receiving waters. ➢ Implements and maintains structural and non-structural BMPs to reduce pollutants in stormwater runoff from construction sites.
➢ Reduces construction site discharges of pollutants to the MS4 to the maximum extent practicable.

Y Prevents construction site discharges to the MS4 from causing or contributing to a violation of water quality standards.

Note: The Stormwater BMP Construction Handbook sheets developed by the California Stormwater Quality Association shall be used as guidance in determining and implementing required BMPs. The BMP sheets may be reviewed at the Public Works Department counter during regular business hours. A General Construction Permit shall be obtained and maintained for all construction sites one (1) acre or greater. Additional conditions may be required for these sites.

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Item 13 Page 186 of 191
have read and understand the re ire ents listed above and certify that I will comply with the minimum requirements ve.

Signa re: 1,
Print Name: ~ Y~'1ry1 f ~ ~ ~~r~eZ_
Title: ~,rY~U ^ ~ ~i p~-}~-~~~
Property Owner: (' ~~-~.~ v -~ U2~y~
t

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Item 13 Page 187 of 191
PRE-BID SITE INSPECTION -CERTIFICATION:

Persons) who inspected site of the proposed Work for your firm:

Name: Date of Inspection `~ ~ ~ Z~-~
Title: ~r'.~ i I~~ ~
Name: ~ ~~ 1 ~I~ ~12~~- Date of Inspection C U
Title: ~2 (~ )~~ ~~1~11 fJ ~ ~`~~~T~1Dti
D. Bidder agrees that all costs of Work shown in the Bidding Documents, including work reasonably inferable therefrom and necessary thereto, are included in his/her Bid. All Work shown in the Contract Documents for which a specific line item is not provided in the Bidding Form is included in the Bidtler's Total Base Bid Price.

Contractor shall be reimbursed for the actual direct cost of all Permit Fees, if any, as defined in Paragraph 1.01 and addressed in Paragraph 1.03 of the General Conditions. Bidder shall exclude the cost of Permit Fees from Bidder's Base Bid sum; Base Bid sum shall include the cost of administration and coordination of Governmental Approvals and Utility Fees. Bidder agrees that City will not be responsible for any errors or omissions on the part of the undersigned in making this Bid.

E. Forfeiture of Bid Security. Bidder further agrees that, in case of his/her default in executing the required Contract and the required bonds, or furnishing the required insurance, the money payable under the Bid Security accompanying this Bid shall be applied by the City towards payment of the damage to the City on account of such default, as provided in the Bidding Documents.

F. Period of Irrevocability. Bidder agrees that this Bid shall remain open and shall not be withdrawn for a period of not less than ninety (90) calendar days from the date of award of Contract, or until rejected by the City, whichever period is shorter.

G. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder's submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal, state, and local laws.

The Bidder declares that neither he/she nor any member ofhis/her firm or corporation is an officer or employee of the City of Vernon.
hereby certify under penalty of perjury under the laws of the State of California that the representations made herein are true and correct.
~~~
Executed this ~o day of , ~~at ~,
-~I~~ ~,~~-1 ~~(~ ~~I-~,
City State

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Item 13 Page 188 of 191
~~~~ ~.~ ~..
wEq,~;c_
~`~j) c.~°~~
~` ~~~~.~
"°` ~b~rr C A L I F O R N I A
r tN~_ r
April 1 1, 2024
Via Planetoids
NOTICE TO BIDDERS -ADDENDUM No.l
HVAC Maintenance Services
CONTRACT No. 20240267
T
d This notice shall be considered as Addendum No. 1 to the Specifications for the abovementioned project and modifies the original Specifications and Contract Documents as noted below. Portions of the Contract, not specifically mentioned in the Addendum, remain in force.

Contract Specifications
The bid due date has been changed to Tuesday, April 23, 2024, at 2:00 pm. uestions &Answers

1. The Smart Control -Does the City have the Dongle to be able to log in since this portion of the maintenance is onsite.

Access to the Smart control system will be available once the contract is awarded.

2. Clarification on pre-bid meeting this Thursday April 11 at 10:30 am -There seems to be contradictions in statements opening page to bid details states no pre-bid meeting.

There will be Pre-Bid meeting held Thursday April 1 1 at 10:30 a.m.

3. Provide the equipment list that is being maintained under the contract.

The equipment list, it consists of the Trane rooftop VAV packaged unit (with VFD), 2 Raypak Hi Delta boilers with pumps, 2 Trane air cooled chillers with pumps, 2 Trane air cooled condensing units serving 91 1 dispatch, and the digital control system.

4. Request for an extension to be granted to the bid response date as a bid bond requires all information being considered by the bidding contract for costing as well as the bonding company to respond with the bond. The bonding companies can take 24-48 hours to provide the bid bond. ~
The bid due date has been changed to Tuesday, April 23, 2024, at 2:00 pm.

5. Can you please confirm how many air handlers there are for the two chillers. Two 12-ton Tram `~v ~ J ',
~. 3
Public Works Department
4305 Santa Fe Avenue, Vernon, CA, 90058
. CityofVernon.org .

Item 13 Page 189 of 191
~VERNC~NCALI FC~Rf~ IA
condensing units and listed air handling units per General Scope of Work.

There is a total of 4 air handlers.

6. What is the length of this maintenance contract?
3 years

7. Can model &serial numbers of equipment being serviced be provided (including Boilers, Chillers, Air Handlers, etc.)
Q Model - SXHFC5040U57C6AD3G01 OODEOGOOLONRT000000 - S/N - C99K20288M Model - H3-0502C - S/N - 1901479445
Model - CGAM 020E 2Q03 AXB2 Al Al Al AN XAl C 1 AXX XX8B 1 AXA 3A1 D 1 XXL XX - S/N - U 18H69296
• Model - CGAM 080E 2H02 AXD2 A 1 A 1 A 1 AX XA 1 A 1 AXX XXXX XAXA 3B 1 D XXXL XX - S/N - U 13C34999
Model - CSAA017UAL00 - S/N - H21 L 15145A
• Model - TTAI 5044DAA01 AS0000020000000000000000000 - S/N -21452601 YA • Model - 453967 - S/N - 1 71 1 453967

8. Can location of equipment be provided.

City Hall North Lower Roof, City Hall East Roof and basement

9. Controls is it required to have a LON certificate.

Yes, it is required.

10. Will other control certificates and installation /references be accepted? Only LON certificate.

11. Can the list of contractors that were at the meeting dated 4/11 /24 @ 10:30 am be provided?
• Emcor Services Mesa Energy Systems - (949) 469-4905
• Diversified Thermal Services - (714) 392-1442
• Harbor Pointe Air Conditioning &Control Systems - 657 275-9188 • Western Allied Corp - (562) 650-1028
• Climate Pro Mechanical - (562) 896-7098
• Allison Mechanical Inc (909) 978 5633
• ACCO - (626) 216-2610
[email protected].
. Page 2 of 3 .

Item 13 Page 190 of 191
r
~VERNONCALIFORNIA
Sincerely,
R ~~~
Daniel Wall, P.E.

Director of Public Works
Enclosures - NA
. Page 3 of 3 .

Item 13 Page 191 of 191
City Council Agenda Report
Meeting Date: July 16, 2024
From: Todd Dusenberry, General Manager of Public Utilities Department: Public Utilities
Submitted by: Adriana Ramos, Management Analyst
Subject
Sale of Surplus Vernon Public Utilities Vehicles to Petrelli Electric, Inc.

Recommendation
Approve and authorize the City Administrator to execute the Purchase and Sale Agreement with Petrelli Electric, Inc. (Petrelli Electric), in substantially the same form as submitted, for the sale of one 1989 Lorain LCD 150 Crane and one 1983 Hyster H40XL Forklift for a combined price of $10,600.

Background
Vernon Public Utilities (VPU) and the Public Works Garage staff have assessed VPU’s vehicle fleet to identify vehicles that need to be replaced. The evaluation involved assessing the age, usage, maintenance costs, and safety of the vehicles and equipment. After a thorough review, it was determined that Vehicle No. L1026, a 1989 Lorain Crane, and Vehicle No. L1014, a 1983 Hyster H40XL Forklift owned by the City, should be placed in surplus. Despite being used for less than 2,500 hours, both vehicles failed safety inspections due to leaks, and reliable repairs are not available. These issues compromise operator and crew safety and significantly increase VPU’s maintenance costs. As a result of this sale, the City is released of any liability due to the condition of the vehicles. Therefore, VPU, in coordination with the Public Works Garage Division, determined that the vehicles should be placed in surplus, as they are no longer suitable for use by the Department. Consequently, the City’s Purchasing Division, responsible for salvaging surplus City property, deemed that Vehicle No. L1026 and Vehicle No. L1014 are no longer economically suitable for further City use.

Pursuant to the City’s Purchasing Manual parameters related to salvaging surplus City property, salvage property that has no functional use may be sold or donated. Petrelli Electric has confirmed its desire to enter into a Purchase Agreement with the City to procure the aforementioned surplus vehicles. Petrelli Electric is the current VPU contractor providing highvoltage electric systems service, maintenance, and utility support to Vernon Electric and Fiber Systems. Accordingly, VPU is recommending that the City Council approve the sale of one 1989 Lorain LCD 150 Crane (VIN #: 1262618A) and one 1983 Hyster H40XL Forklift (VIN #:

A177BO3OO5D) to Petrelli Electric for a combined price of $10,600. The vehicles will be sold at market value, with the proposed cost determined by an outside equipment evaluator, Proven Truck and Equipment Inc., who considered the age of the vehicles and related condition. Findings were reviewed and confirmed by the Finance Department.

Considering the age, limited usage, high maintenance costs, and safety concerns, including failed inspections, of the surplus vehicles, it is recommended that the City Council approve the sale of VPU's surplus vehicles and authorize the City Administrator to execute the necessary Purchase and Sale Agreement.

The proposed agreement with Petrelli Electric has been reviewed and approved as to form by the City Attorney’s Office. ..

Item 14 Page 1 of 2
Fiscal Impact
The sale of the surplus vehicles will result in $10,600 in additional revenue to the Electric Fund which will be credited to Miscellaneous Revenues Account No. 055-460-565-466900.

Attachments

1. Purchase and Sale Agreement

2. Proven Truck & Equipment Price Evaluation ..

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13402 Calimesa Blvd
Yucaipa, CA. 92399
April 2, 2024`
To Whom It May Concern:

After reviewing the equipment for the price evaluation these are the results we came up with below.

Price Evaluation of 1-1989
Lorain LCD 150 $6,200
Price Evaluation of 1-1983
Hyster H40XL $4,400
Thank you,
Joe Collinsworth ..

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City Council Agenda Report
Meeting Date: July 16, 2024
From: Daniel S. Wall, P.E., Director of Public Works
Department: Public Works
Submitted by: Gerard Garcia, Assistant Engineer
Subject
Revocable Encroachment License Agreement No. 439 with Torrance Pipeline Company, LLC.

Recommendation
A. Find that approval of the proposed action is categorically exempt under the California Environmental Quality Act (CEQA), in accordance with CEQA guidelines 15301, because the action ensures the maintenance, operation, and repair of existing facilities of both investors and publicly owned utilities; and
B. Approve and authorize the City Administrator to execute Revocable Encroachment License Agreement No. 439 (Agreement) between the City of Vernon and Torrance Pipeline Company, LLC (Torrance Pipeline).

Background
Torrance Pipeline is a limited liability company that currently owns, operates, and maintains one twelve-inch petroleum pipeline on Santa Fe Avenue, one eight-inch petroleum pipeline on Bandini Boulevard, and one eight-inch petroleum pipeline on Pacific Boulevard in the City of Vernon. Torrance Pipeline has requested that maintenance, operations, and repairs continue on approximately 1.36 miles of petroleum pipeline within the City’s public Right-of-Way.

The City has prepared a new Agreement that will replace Revocable Encroachment License Agreement No. 387 between the City of Vernon and Torrance Pipeline. This license is for twentyfive (25) years from the effective date unless terminated by either party sooner. Torrance Pipeline has indicated acceptance of the Agreement by adequately executing the document before its submission to the Council for consideration. The City Attorney's Office has reviewed and approved the Revocable Encroachment License Agreement as to form.

Fiscal Impact
Approval of the Revocable Encroachment License Agreement will result in $75,000 in additional revenue to the General Fund that shall be remitted prior to the issuance of the License. Torrance Pipeline will also pay an annual renewal fee of $9,630, payable each year during the term of the License on or before the anniversary of the effective date resulting in additional revenue to the General Fund Franchises and Agreements Account No. 011-410-000-410300. The renewal shall be increased annually to account for inflation based on the Consumer Price Index for All Urban Consumers, for the Los Angeles-Anaheim-Riverside Metropolitan Area, or similar index, published by the Bureau of Labor Statistics, U.S. Department of Labor for period ending April 30th of each year.

Attachments

1. Revocable Encroachment License Agreement No. 439 ..

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1 REVOCABLE ENCROACHMENT LICENSE AGREEMENT NO. 439
This Revocable Encroachment License Agreement (License) is entered into on July 16, 2024 (Effective Date), between the City of Vernon, a California charter City and California municipal corporation of the State of California, as Licensor (City) and Torrance Pipeline Company, LLC, (Licensee), (Party or Parties).

NOW THEREFORE, the Parties do hereby agree to the following terms and conditions:

1.0 Grant of License.

1.1 Subject to the right of City to revoke this License as set forth herein, City hereby grants to Licensee and its employees, contractors, subcontractors, agents, representatives and assigns a License to encroach upon City’s public rights-of-way or property (City Property) for the purposes of operation, maintenance, and repair (Work) of one (1) 12-inch petroleum pipeline and two (2) 8-inch petroleum pipelines as described and shown in Exhibit “A, B, & C,” attached hereto and by this reference incorporated herein (Work). Licensee hereby certifies that the descriptions and drawings in Exhibit “A, B, & C” are true, complete, and accurate. This License is granted subject to the terms and conditions set forth in the City of Vernon Municipal Code (VMC), Section

12.08.010, and the acceptance hereof shall evidence Licensee’s agreement to all terms and conditions of the VMC and the additional conditions contained herein.

1.2 Licensee shall not commence any Work under this License until Licensee has first obtained a permit to do so. Permit applications must be submitted in accordance with the provisions of VMC, Section 12.08.010 et seq., and the City’s policies, procedures, and rules.

1.3 Licensee is hereby given notice of existing state law, Sec. 4215 et seq., Chapter 3.1, Division 5, Title 1 of the Government Code, as amended by A.B. 73, effective January 1, 1990, which requires owners of underground facilities to join a regional notification center, e.g. USA which requires contractors to contact such a regional notification center prior to excavation; requires facility owners to mark their underground facilities when notified; and sets civil penalties for failure to comply therewith. Prior to construction, Licensee shall contact DigAlert to verify the location of existing underground facilities.

1.4 This License is valid only for the purposes specified herein.

2.0 Term. The term of this License shall be for a period of twenty-five (25) years from the Effective Date unless sooner terminated as provided in this License.

3.0 Fees.

3.1 Licensee shall pay to City a one-time issuance fee of Seventy-Five Thousand Dollars and no cents ($75,000.00), prior to the issuance of the License (Issuance Fee). ..

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City Council Agenda Report
Meeting Date: July 16, 2024
From: Daniel S. Wall, P.E., Director of Public Works
Department: Public Works
Submitted by: Cynthia Cano, Administrative Secretary
Subject
Catch Basin Cleaning Services Agreement with Ron's Maintenance Recommendation
A. Approve and authorize the City Administrator to execute a Services Agreement with Ron’s Maintenance, Inc., in substantially the same form as submitted, for the Catch Basin Cleaning Services as part of the City’s continued effort to comply with the Los Angeles River Trash Total Maximum Daily Loads (TMDL) included in the Municipal NPDES Permit, for a total amount notto-exceed $217,680, for a two-year term; and B. Authorize a contingency amount of fifteen percent (15%) or $32,652 for extra inspections or cleanings that may be needed, and grant authority to the City Administrator to issue Change Orders for an amount up to the contingency amount, if necessary.

Background
The current National Pollutant Discharge Elimination System (NPDES) Permit for Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles County (also known as the Municipal NPDES Permit) contains requirements to prohibit, eliminate, and/or reduce stormwater and urban runoff pollutant loads. In an effort to assist cities with compliance of the Municipal NPDFS Permit, the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GWMA) issued a Request for Proposals (RFP) for catch basin cleaning services on behalf of all GWMA cities. Three (3) proposals were received, with Ron' s Maintenance, Inc. (RMI) being the lowest bid at $30.00 per catch basin, and as amended by RMI on a quote dated September 14, 2023.

The RFP calls for a minimum of one (1) inspection and cleaning of the catch basins between May 1st and September 30th of each year. Additionally, the contractor is to perform one (1) inspection of all catch basins during the months of October, January, and April and clean any catch basin sumps found to have a blocked screened inlet, screened outlet, or be at least forty percent full of trash and debris.

RMI' s quote dated September 14, 2023, is for $30.00 per catch basin with a frequency of four (4) cleanings per unit for a total annual cost not to exceed $108,840.

The Services Agreement with RMI is for a two (2) year period. The agreement has been reviewed and approved as to form by the City Attorney's office.

It is recommended that this request be approved for the City’s continued effort to comply with the Los Angeles River Trash TMDL included in the Municipal NPDES Permit. The Public Works Department is of the opinion that contracting with RMI is advantageous to the City and obtained concurrence from the Financial Services Administrator as required under Vernon Municipal Code (VMC) 3.32.110 Exemptions. More specifically, Section 3.32.110(A)(5) (b) states competitive bidding shall not be required for contracts “when supplies, equipment or services can be purchased from a vendor offering the same prices, terms and conditions as in a previous ..

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award from the City or another public agency either by competitive bid or through a negotiated process and, in the opinion of the Finance Director or designee, it is to the advantage of the City to do so. The Financial Services Administrator concurs.

Additionally, Staff recommends a contingency amount of fifteen (15% or $32,652) to cover additional cleaning that may be required due to increased amount of rainfall that has been experienced in the last couple of years. Ensuring that the catch basins are clean will not only allow the City to comply with NPDES requirements but also aid with flood control in periods of heavy rainfall.

Fiscal Impact
The fiscal impact is not-to-exceed $250,332, including the 15% contingency. Sufficient funds are available in the General Fund, Public Works Department, Street Operations Division, Repairs and Maintenance Account No. 011-040-430-529000 for the current fiscal year and funds will be budgeted in subsequent years.

Attachments

1. Services Agreement with Ron’s Maintenance ..

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Page RI

SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND RON’S MAINTENANCE, INC. FOR CATCH BASIN CLEANING SERVICES

COVER PAGE
Contractor: Ron’s Maintenance, Inc.

Responsible Principal of Contractor: Ron Norman, President Notice Information - Contractor: Ron’s Maintenance, Inc.

P.O. Box 4562
Downey, CA 90241
Attention: Ron Norman, President
Telephone: (562) 861-2430
Facsimile: (562) 861-2418
Notice Information - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Daniel S. Wall, P.E., Director of
Public Works
Telephone: (323) 583-8811 ext. 305
Commencement Date: July 17, 2024
Termination Date: June 30, 2026
Consideration: Total not to exceed $217,680.00 (includes all applicable sales tax); and more
particularly described in Exhibit B
Records Retention Period Three (3) years, pursuant to Section 11.20 ..

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3DJHRI

SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND RON’S MAINTENANCE, INC. FOR CATCH BASIN CLEANING SERVICES
This Agreement is made between the City of Vernon, a California charter City and California municipal corporation (“City”), and Ron’s Maintenance, Inc., a California corporation (“Contractor”).

The City and Contractor agree as follows:

1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on July 17, 2024.

2.0 SCOPE OF SERVICES.

2.1 Contractor shall perform all work necessary to complete the services set forth in the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority’s (“GWMA”) Request for Proposals issued on or about July 14, 2023, and titled Municipal Storm Sewer Catch Basin Cleaning, and Contractor's proposal to GWMA ("Proposal") dated August 18, 2023, Exhibit “A”, a copy which is attached to and incorporated into this Agreement by reference.

2.2 All services shall be performed to the satisfaction of City.

2.3 All services shall be performed in a competent, professional, and satisfactory manner in accordance with the prevailing industry standards for such services.

3.0 PERSONNEL.

3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Agreement.

3.2 Contractor shall not subcontract any services to be performed by it under this Agreement without prior written approval of City.

3.3 All of the services required hereunder will be performed by Contractor or by City approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City.

4.0 TERM. The term of this Agreement shall commence on July 17, 2024, and it shall continue until June 30, 2026, unless terminated at an earlier date pursuant to the provisions thereof.

5.0 COMPENSATION AND FEES.

5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of ..

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the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit “B” attached hereto and incorporated herein by reference.

5.2 Contractor's grand total compensation for the entire term of this Agreement, shall not exceed $217,680 without the prior authorization of the City, as appropriate, and written amendment of this Agreement.

5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment, and transportation which may be required for furnishing services pursuant to this Agreement. Materials shall be of the highest quality. The above Agreement fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses.

5.4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City.

Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor:

5.4.1 The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement.

5.4.2 Approved reproduction charges.

5.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement.

5.5 Contractor shall not receive any compensation for extra work performed without the prior written authorization of City. As used herein, “extra work” means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance with the payment schedule as set forth in Exhibit “B,” if the extra work has been approved by the City.

5.6 Licenses, Permits, Fees, and Assessments. Contractor shall obtain, at Contractor’s sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and

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interest, which may be imposed by law and which arise from or are necessary for the performance of the Services by this Agreement.

6.0 PAYMENT.

6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule.

6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed.

6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month.

6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment.

6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice.

6.6 Payment of such invoices shall be payment in full for all services, authorized costs, and authorized extra work covered by that invoice.

7.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services.

8.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times.

9.0 INDEMNITY. Contractor agrees to indemnify City, its officers, elected officials, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “claims or liabilities”), including but not limited to professional negligence, that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of Contractor hereunder, or arising from Contractor’s performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such

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claims or liabilities arise from the gross negligence or willful misconduct of City, its officers, elected officials, agents or employees.

10.0 INSURANCE. Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representative, or employees. The policies shall state that they afford primary coverage.

10.1 Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired, and non-owned automobiles or any auto.

The policy shall have a combined single limit of not less than one million dollars ($1,000,000). If Contractor is transporting one or more non-employee passengers in the performance of the services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000). If Contractor owns no autos, a hired, non-owned auto endorsement to the General Liability policy is acceptable.

10.1.1 Contractor agrees to subrogate automobile liability resulting from performance under this agreement by agreeing to defend, indemnify, and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the Contractor under the performance of the services. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds and, under the Contractors’ policy, there shall be a waiver of subrogation, and the policy shall be primary and non-contributory and will not seek contribution from the City’s insurance.

10.2 Commercial General Liability Insurance – Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a single limit of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) general aggregate limit written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" Form CG 00 01 or its equivalent for coverage on an occurrence basis. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds with respect to liability arising out of the Contractor's performance of this Agreement. The additional insured coverage under the Contractor’s policy shall be

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primary and non-contributory and will not seek contribution from the City’s insurance. The policy shall be endorsed to include a waiver of subrogation.

10.2.1 If Contractor intends to employ other contractors as part of the services rendered, the City must approve and will establish the appropriate insurance requirements.

10.2.2 Contractor agrees to subrogate General Liability resulting from performance under this agreement by agreeing to defend, indemnify, and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the Contractor under the performance of the services.

10.3 Professional Errors and Omissions Coverage in a sum of not less than one million dollars ($1,000,000), where such risk is applicable. Applicable aggregate must be identified and claims history provided to determine amounts remaining under the aggregates.

Contractor shall maintain such coverage for at least one (1) year after the termination of this agreement.

10.4 Umbrella Liability Insurance – An umbrella (over primary) may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage and personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The umbrella policy shall have no additional exclusion or coverage difference from the primary policy. The coverage shall also apply to automobile liability.

10.5 Workers’ Compensation/Employers Liability - Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. Compliance is accomplished in one of the following manners:

10.5.1 Provide a copy of the permissive self-insurance certificate approved by the State of California; or

10.5.2 Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a limit of one million dollars ($1,000,000) per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Agreement or
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10.5.3 If Contractor has no employees, it may certify or warrant to the City that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code, and the requirement for Workers’ Compensation coverage will be waived by completing the waiver form provided by the City.

10.6 If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

10.7 Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days prior written notice to City.

10.8 Insurance shall be placed with insurers with an A.M. Best rating of no less than A-VIII. Any self-insured retention or deductible in excess of $25,000 must be approved in advance by the City. Any policies written on a claims-based basis must include a minimum of a 3-year tail.

10.9 Prior to the commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to evidence coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies upon request.

10.10 Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Agreement until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees, and costs against Contractor by way of set-off or recoupment from sums due to Contractor, at City's option; (b) immediately terminate this Agreement and seek damages from the Agreement resulting from said breach; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due to Contractor.

11.0 GENERAL TERMS AND CONDITIONS.

11.1 INDEPENDENT CONTRACTOR.

11.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent, officer or employee of City and shall furnish such services in its own manner and method except as

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required by this Agreement, or any applicable statute, rule, or regulation. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. City assumes no liability for Contractor’s actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, subcontractors and independent contractors, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.

11.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

11.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise.

11.3 OWNERSHIP OF WORK. All documents and materials furnished by the City to Contractor shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets, and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested at no additional cost to the City. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Agreement. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City.

11.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy, or incompleteness.

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11.5 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

11.6 WAIVER. The City's waiver of any term, condition, breach, or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.

No waiver of any provision of this Agreement shall be effective unless in writing and executed by a duly authorized representative of the party against whom enforcement of a waiver is sought.

11.7 SUCCESSORS. This Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors, and/or assigns.

11.8 NO ASSIGNMENT. Contractor shall not assign or transfer this Agreement or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Agreement. No assignment shall release the original parties from their obligations or otherwise constitute a novation.

11.9 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. Violation of any law material to performance of this Agreement shall entitle the City to terminate the Agreement and otherwise pursue its remedies. Further, if the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations Contractor shall be solely responsible for all costs arising therefrom.

11.10 ATTORNEY'S FEES. If any action at law or in equity is brought to ..

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enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled.

11.11 INTERPRETATION.

11.11.1 Applicable Law. This Agreement shall be deemed an agreement and shall be governed by and construed in accordance with the laws of the State of California. Contractor agrees that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over all controversies and disputes arising hereunder, and submits to the jurisdiction thereof.

11.11.2 Entire Agreement. This Agreement, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation, and agreements (written or oral).

11.11.3 Written Amendment. This Agreement may only be changed by written amendment executed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect.

11.11.4 Severability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement.

11.11.5 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Agreement shall strictly prevail. The terms of the City’s Request for Proposals shall control over the Contractor’s Proposal.

11.11.6 Construction. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

11.12 TIME OF ESSENCE. Time is strictly of the essence of this agreement and each and every covenant, term, and provision hereof.

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11.13 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity, and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized.

11.14 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach, or any other aspect of this Agreement, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery.

11.15 NOTICES. Any notice or demand to be given by one party to the other must be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice.

If to the City:

City of Vernon
Attention: Daniel S. Wall, P.E., Director of Public Works 4305 Santa Fe Avenue
Vernon, CA 90058
If to the Contractor:

Ron’s Maintenance, Inc.

Attention: Ron Norman, President
P.O. Box 4562
Downey, CA 90241
Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party.

11.16 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right or remedy in, under, or to this Agreement.

11.17 TERMINATION FOR CONVENIENCE (Without Cause). City may ..

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terminate this Agreement in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Agreement is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause.

11.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Agreement by written notice to the defaulting party. The notice shall specify the basis for the default. The Agreement shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. In case of default by Contractor, the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional costs incurred due to delay or default as a result of Force Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Agreement as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Agreement. If the Recovery Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force Majeure default, then the City may cancel this order in its entirety at no cost to the City, owing only for goods and services completed to that point.

11.19 TERMINATION FOR CAUSE. Termination for cause shall relieve the terminating party of further liability or responsibility under this Agreement, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. If this Agreement is terminated as provided herein, City may require, at no additional cost to City, that Contractor provide all finished or unfinished documents, data, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

11.19.1 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

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11.20 MAINTENANCE AND INSPECTION OF RECORDS.

The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Agreement and/or is paying only the amounts to which Contractor is properly entitled under the Agreement or for other purposes relating to the Agreement.

The Contractor shall maintain and preserve all such records for a period of at least three (3) years after termination of the Agreement.

The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead.

11.21 CONFLICT. Contractor hereby represents, warrants, and certifies that no member, officer, or employee of the Contractor is a director, officer, or employee of the City of Vernon, or a member of any of its boards, commissions, or committees, except to the extent permitted by law.

11.22 HEADINGS. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

11.23 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1½ times the basic rate of pay.

11.24 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Agreement, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure

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Item 16 Page 13 of 29
that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "C".

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Commencement Date stated on the cover page.

City of Vernon, a California charter City
and California municipal corporation By:------------
Daniel Calleros, Interim City
Administrator
ATTEST:

Vonnie Parker, Deputy City Clerk
APPROVED AS TO FORM:

Zaynah N. Moussa,
City Attorney
RON'S MAINTENANCE, INC, a California
corporation By:

Name:

Title: By:

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EXHIBIT A
GWMA RFP AND CONTRACTOR’S PROPOSAL
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GATEWAY WATER MANAGEMENT AUTHORITY
16401 Paramount Boulevard● Paramount, California 90723
RFP 2023-01 P a g e | 1

REQUEST FOR PROPOSALS FOR

MUNICIPAL STORM SEWER CATCH BASIN CLEANING
(RFP 2023-01)
Release Date: 07/14/2023
Questions Due to GWMA: 07/28/2023
Proposal Due Date: 08/18/2023
Public notice is hereby given that The Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (“Gateway Water Management Authority” or “GWMA”) invites proposals for the above-stated project and will receive such proposals electronically only up to the hour of 4:00 pm, Pacific Standard Time (PST) on Friday, August 18, 2023.

The description of work to be done is attached to this RFP.

This is a catch basin cleaning proposal which does not require a specific Contractor’s License or prevailing wage payments as determined by the Department of Industrial Relation (DIR) because the catch basin cleaning is being performed purely for environmental reasons and to satisfy waste discharge requirements imposed by the State Water Resources Control Board and Los Angeles Regional Water Quality Control Board (See DIR opinion PW 2005-014 (Sediment Removal from Storm Drains – California Department of Transportation)). No maintenance work as provided in California Labor Code Section 1771 nor any other work requiring the payment of prevailing wages shall be performed under the contract or contracts entered into pursuant to this solicitation.

The GWMA is soliciting bids on behalf of its member municipalities, but will not enter into a contract with any Company. Please note this is not a low bid solicitation and each individual municipality may decide to enter into a contract with one or more of the Companies and can negotiate prices with any Company or chose another Company altogether.

Proposals must be prepared in conformance with the Instructions to Proposers.

The GWMA reserves the rights to reject any or all proposals for any reason or no reason, to waive any irregularity in any proposals, and to take all proposals under advisement for a period of 30 days.

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GATEWAY WATER MANAGEMENT AUTHORITY
16401 Paramount Boulevard● Paramount, California 90723
RFP 2023-01 P a g e | 2

REQUEST FOR PROPOSALS FOR

MUNICIPAL STORM SEWER CATCH BASIN CLEANING
(RFP 2023-01)

DESCRIPTION OF WORK TO BE DONE
The Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (“Gateway Water Management Authority” or “GWMA”) is a coalition of 29 public agencies responsible for the regional water planning needs of two million people in the Gateway Region of Southeast Los Angeles County.

In 2009, the Gateway Water Management Authority was awarded a $10,000,000 stimulus grant through the American Reinvestment and Recovery Act (ARRA) to retrofit over 10,000 catch basins in 16 cities tributary to the Los Angeles River to meet Trash Total Maximum Daily Load (TMDL) targets.

The Gateway Water Management Authority is seeking proposals for cleaning of catch basins within the entire Gateway Region (Los Angeles River and San Gabriel River tributaries). The Gateway Region is comprised of the following municipalities: the cities of Artesia, Avalon, Bell, Bell Gardens, Bellflower, Cerritos, Commerce, Compton, Cudahy, Downey, Hawaiian Gardens, Huntington Park, La Habra Heights, La Mirada, Lakewood, Long Beach, Lynwood, Maywood, Montebello, Norwalk, Paramount, Pico Rivera, Santa Fe Springs, Signal Hill, South Gate, Vernon, and Whittier (the “Contracting Agencies”). All, some, or none of the municipalities within the Gateway Region may accept a proposer’s pricing and terms. Individual municipalities may also negotiate terms with any proposer. The maximum total number of catch basins, if all municipalities enter into contracts , is estimated at between 14,000 and 18,000. The Gateway Water Management Authority will not enter into a contract for this work.

Each proposer whose proposal is accepted will be required to clean catch basins with connector pipe screens (CPS) and/or automatic retractable screens (ARS) and unmodified catch basins in accordance with the agreements entered into with the individual Contracting Agencies. Each Contracting Agency has a varying number of catch basins; therefore, proposals shall be made on a per catch basin basis and will remain in effect for 3 years from the date of acceptance.

Contract Work (the cleaning of catch basins owned by the Contracting Agencies):

Each successful proposer (“Company”) shall inspect at regular intervals and clear all debris in catch basins within the jurisdiction of the Contracting Agencies with which the Company has entered into a contract a minimum of one time between May 1 and September 30 of each year. In addition, the Company shall perform one inspection of all catch basins within the jurisdiction of the Contracting Agencies with which the Company has entered into a contract during the months of October, January, and April. The Los Angeles MS4 Permit requires trash capture inserts be cleaned at regular intervals to maintain efficiency. The Company is not being contracted to, and shall not perform repair, maintenance or other work, that would require a Contractor’s License or the payment of prevailing wages.

The Company shall report to the appropriate Contracting Agency any damaged catch basin screens and missing stenciling requirements. The Company shall report evidence of rodents and/or vectors breeding/living in the storm drain system to the appropriate Contracting Agencies within twenty-four (24) hours of discovery.

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GATEWAY WATER MANAGEMENT AUTHORITY
16401 Paramount Boulevard● Paramount, California 90723
RFP 2023-01 P a g e | 3
The Company shall be responsible for developing and implementing traffic control procedures in accordance with California Manual on Uniform Traffic Control Devices (latest addition). The Contracting Agency may request written copies of Traffic Control Plans for collector or arterial streets, if necessary.

The Company shall take no less than five (5) photos documenting the before and after conditions of all debris cleaning, from the same vantage points, of each condition. All photos shall be at least - in quality, in jpeg (.jpg) format, labeled such that it is easy to identify each catch basin location, and submitted with the invoice to the appropriate Contracting Agency.

Proposed pricing shall be submitted for each type of catch basin and shall include costs to clean each type for a twelve-month period including inspections and debris removal, as specified. The appropriate Contracting Agency will pay the Company for each of the required inspections and cleanings based on the Company’s proposal or such other terms to which the Contracting Agency Company shall otherwise agree. Requests for payment shall be submitted to the appropriate Contracting Agency upon completion of each of the four required inspections and cleanings. The Contracting Agency may request additional cleanings based on the Company proposal.

The following tables are an approximate total of catch basins that the municipalities own and are responsible for. If the Contracting Agencies sign contracts based on this proposal, the awarding Companies are advised to work with the appropriate Contracting Agencies to arrive at an accurate and complete list of catch basins within the appropriate Contracting Agencies.

Catch Basins within San Gabriel River Watershed
City No. of Catch Basins
Artesia0
Bellflower 125
Cerritos 344
Hawaiian Gardens 49
La Habra Heights 27
La Mirada 221
Lakewood 90
Long Beach3
Norwalk 55
Paramount 58
Pico Rivera 83
Santa Fe Springs 312
Signal Hill 12
Whittier 59
Total 1488

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GATEWAY WATER MANAGEMENT AUTHORITY
16401 Paramount Boulevard● Paramount, California 90723
RFP 2023-01 P a g e | 4
Catch Basins within Los Angeles River Watershed
Agency No. of
ARS CB
No. of
CPS CB
No. of
Unmodified CB
Long Beach 1130 2691 750
Vernon 13 848 46
Compton 854 1145 99
Commerce 320 545 115
South Gate 499 682 59
Montebello 881 919 135
Bell Gardens 154 248 25
Downey 76 395 43
Huntington Park 284 442 37
Lynwood 359 579 14
Paramount 229 3200
Bell 137 2380
Maywood 116 1510
Signal Hill 114 1390
Cudahy 105 1300
Pico Rivera 47 560
Lakewood224
Total 5320 9530 1327

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GATEWAY WATER MANAGEMENT AUTHORITY
16401 Paramount Boulevard● Paramount, California 90723
RFP 2023-01 P a g e | 5

REQUEST FOR PROPOSALS FOR

MUNICIPAL STORM SEWER CATCH BASIN CLEANING
(RFP 2023-01)

INSTRUCTIONS TO PROPOSERS
Cover Letter (to be attached to the front of the Proposal Packet): x Proposal Letters shall be addressed as follows:

Gateway Water Management Authority
Attn: Ms. Traci Gleason
16401 Paramount Blvd.

Paramount, CA 90723
x Introduce your company and summarize your proposal in the cover letter. Include the name, email and telephone number of the person who will be the point of contact and is completely familiar with the proposal.
x The proposal cover letter shall be signed by an official authorized to bind the proposer (Company) contractually.

Proposer (Company) Information x Owner’s full name and address and year company was founded. x Names of subsidiaries or parent company, if applicable. x Names of company owners and senior management team.

Understanding of Need x Demonstrate the firm’s understanding of the Description of Work as well as your general approach.

Company and Team Experience x Company must have a minimum of three (3) years of experience of catch basin cleaning service. A proposer’s failure to provide proof of meeting the minimum qualifications shall result in an immediate rejection of the proposal.
x List references for at least 3 different catch basin cleaning projects. x Provide resumes of proposed individuals that shall participate in providing services, including their title and years of experience.

Note:

Contractor’s License and Prevailing Wage Determination are not required for this Cleaning Catch Basin Contract as described in the Request for Proposals.

Catch Basin Proposal Form x The proposal must contain an executed copy of the attached Catch Basin Proposal Form. (see page 8) x The form shall contain the proposed prices for each type of catch basin.

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GATEWAY WATER MANAGEMENT AUTHORITY
16401 Paramount Boulevard● Paramount, California 90723
RFP 2023-01 P a g e | 6
Specifications and Examination of Sites and Work:

The Standard Specifications of the Greenbook are incorporated into this request for proposals.

All temporary traffic control for construction and work zones shall conform to the latest editions of the California Manual on Uniform Traffic Control Devices (CA MUTCD) or Work Area Traffic Control Handbook (WATCH Manual).

The following sentences are added to the end of Subsection 2-5.1, "General," of the Standard Specifications of the Greenbook:
“Each proposer (Company) must become fully informed of the conditions relating to the work and the employment of labor thereon. Failure to do so will not relieve the Company of the obligation to furnish all material and labor necessary to carry out the provisions hereof.” Examination of Documents
By submitting a proposal, the proposer represents that it has thoroughly examined and become familiar with the work required under this request for proposals, and that it is capable of performing quality work within the established schedule to achieve the objectives of the Contracting Agencies and the Gateway Water Management Authority as specified in this request for proposals. All proposers are required to comply with all of the provisions of this request for proposals. By submitting a bid, each proposer agrees to perform the required work at not more than the price quoted.

Addenda
If the Gateway Water Management Authority’s Executive Officer, in the Executive Officer’s sole discretion, believes there is a need for clarification, the Executive Officer will issue an Addendum to all prospective proposers. The Gateway Water Management Authority shall make any changes to the requirements of this request for proposals by written addenda only.

Changes to the proposal will be posted on the Gateway Water Management Authority’s website (www.gatewaywater.org).

Request for Information or Clarification
Should a proposer have questions about this request for proposals or require clarifications, the proposer shall notify the Gateway Water Management Authority via email ONLY. NO PHONE CALLS WILL BE ACCEPTED.

All questions or requests for clarifications shall be e-mailed to Traci Gleason at:
[email protected]
with the email subject line:“MSS Catch Basin Cleaning RFP 2023-01 - Written Questions.” All questions or requests for clarifications must be received by the Gateway Water Management Authority no later than: Friday, July 28, 2023 at 4:00 pm, PST.

The Gateway Water Management Authority shall not be responsible for failure to respond to a question or request for clarification and/or comment that has not been properly labeled.

Questions received after the stated deadline will not be answered.

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GATEWAY WATER MANAGEMENT AUTHORITY
16401 Paramount Boulevard● Paramount, California 90723
RFP 2023-01 P a g e | 7
Last Day to Receive Proposals
Proposals must be received by GWMA at or before: Friday, August 18, 2023 at 4:00 pm, PST.

Any proposal received after the date and time specified above will be rejected, considered nonresponsive, and returned to the proposer(s).

Submission of Proposals
Proposers shall submit one (1) electronic file (.pdf) of the proposal via email to:
[email protected].

No hardcopies will be accepted.

Late proposals will not be considered.

Acceptance of Proposals
The Gateway Water Management Authority reserves the right to accept or reject any and all proposals, or any item or part thereof, and to waive any informalities or irregularities in a proposal.

GWMA reserves the right to withdraw this request for proposals at any time without prior notice, and GWMA makes no representations that any contract will be awarded to any proposer responding to this request for proposers by any of the municipalities. The municipalities reserve the right to contract with other entities for catch-basin cleaning services. GWMA reserves the right to postpone for its own convenience the date for receipt of the proposals.

The Gateway Water Management Authority reserves the right to modify the schedule.

Pre-Contractual Expenses
The Gateway Water Management Authority shall not pay or reimburse proposers for expenses incurred by any proposer in order to submit a proposal, including but not limited to those identified below:

1. Submitting a proposal to the Gateway Water Management Authority; and/or

2. Any other expenses incurred by proposer prior to the date of execution of contract documents constituting the agreement between the proposer and any of the Contracting Parties.

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GATEWAY WATER MANAGEMENT AUTHORITY
16401 Paramount Boulevard● Paramount, California 90723
RFP 2023-01 P a g e | 8

REQUEST FOR PROPOSALS FOR

MUNICIPAL STORM SEWER CATCH BASIN CLEANING
(RFP 2023-01)

CATCH BASIN CLEANING COST PROPOSAL FORM
Company Name and Address:

Proposal pricing shall be based on a per catch basin costs and shall include the following work to be performed:

Each Company shall inspect at regular intervals and clear all debris in catch basins within the jurisdiction of the Contracting Agencies with which the Company has entered into a contract a minimum of one time between May 1 and September 30 of each year. In addition, the Company shall perform one inspection of all catch basins within the jurisdiction of the Contracting Agencies with which the Company has entered into a contract during the months of October, January, and April. The Los Angeles MS4 Permit requires trash capture inserts be cleaned at regular intervals to maintain efficiency. The Company shall not perform repair, maintenance or other work that would require a Contractor’s License or the payment of prevailing wages. The Company shall report to the appropriate Contracting Agency any damaged catch basin screens and missing stenciling requirements. The Company shall report evidence of rodents and/or vectors breeding/living in the storm drain system to the appropriate Contracting Agencies within twenty-four (24) hours of discovery.

The Company shall be responsible for developing and implementing traffic control procedures in accordance with California Manual on Uniform Traffic Control Devices (latest addition). The Contracting Agency may request written copies of Traffic Control Plans for collector or arterial streets, if necessary. The Company shall take a photo documenting the before and after conditions of all debris cleaning, from the same vantage points, in an amount not less than five (5) of each condition. All photos shall be at least 4 MP in quality, in .jpg format, labeled such that it is easy to identify each catch basin location and submitted with the invoice to the appropriate Contracting Agency.

Proposal prices shall be guaranteed.

Description Quantity Unit Unit Price Total
ARS Catch Basin 1,000 each$$
CPS Catch Basin 9,500 each$$
ARS & CPS Catch Basin 4,000 each$$
Non-retrofitted Catch Basin 3,000 each$$
Total$
Authorized Signature Date

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EXHIBIT B

SCHEDULE
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EXHIBIT C

EQUAL EMPLOYMENT OPPORTUNITY

PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities.

B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age.

C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class.

D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.

E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law.
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City Council Agenda Report
Meeting Date: July 16, 2024
From: Daniel S. Wall, P.E., Director of Public Works
Department: Public Works
Submitted by: Cynthia Cano, Administrative Secretary
Subject
Purchase Order with Merrimac Energy Group to Procure Fuel Recommendation
Approve and authorize the issuance of a Purchase Order with Merrimac Energy Group in an amount not-to-exceed $600,000 to procure fuel for Citywide fleet for Fiscal Year 2024-2025.

Background
The Public Works Department (Public Works) manages fuel procurement for the City’s entire vehicle fleet. To mitigate the higher costs associated with retail pump purchases, the City opts for bulk fuel delivery from licensed vendors who can supply fuel directly to designated tank locations.

Staff recommends that the City Council award a Purchase Order (PO) to Merrimac Energy Group (Merrimac) for fuel, in the not-to-exceed amount of $600,000. The proposed purchase leverages the existing General Services Agreement No. PW22-1064 between Merrimac and the City of San Buenaventura (Ventura). The agreement with Ventura was awarded to Merrimac in 2022 following a Request for Proposals (RFP) process and was for an initial term of one year with an option to extend for up to four years. Ventura recently executed a Second Amendment to the agreement extending the term through June 30, 2025 (Attachment 1). Pursuant to Vernon Municipal Code (VMC) Section 3.32.110 (A)(5), the proposed PO with Merrimac is exempt from competitive bidding as piggybacking on the Ventura agreement allows the City to receive the same prices and terms negotiated by another public agency, and it is the opinion of the Financial Services Administrator that it is to the advantage of the City to do so.

Under the Merrimac agreement, prices for red dye diesel, renewable diesel, gasoline fuel, diesel exhaust fluid, and lubricants are determined daily based on the Oil Price Information Service (OPIS) Early Day “Los Angeles Average,” as published weekly by the United Communications Group. Merrimac closely monitors daily pricing and informs the City of potential price fluctuations, enabling the City to secure optimal fuel prices.

On average, the City spends approximately $35,000 per month on fuel. Given the recent escalation in fuel costs, the proposed not-to-exceed Purchase Order ensures that Public Works can procure the necessary fuel for operating the City’s fleet during Fiscal Year 2024-2025.

Fiscal Impact
The fiscal impact is not-to-exceed $600,000. Sufficient funds for the purchase of fuel are included in the Vehicle Expense Account for each City Department.

Attachments

1. Amendment No. 2 to City of Ventura – Merrimac Agreement ..

Item 17 Page 1 of 1
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City Council Agenda Report
Meeting Date: July 16, 2024
From: Daniel S. Wall, P.E., Director of Public Works
Department: Public Works
Submitted by: Daniel S. Wall, P.E., Director of Public Works Subject
Authorize the City’s Chief Building Official, or authorized representative, to enforce the Fire Code Recommendation
A. Find that the proposed action is exempt under the California Environmental Quality Act (CEQA) review, because it is a general policy and procedure making activity that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a "project” as defined by CEQA Guidelines Section 15378;
B. Adopt Urgency Ordinance No. 1301 amending Vernon Municipal Code Section 8.04.010 to authorize the City’s Chief Building Official, or authorized representative, to enforce the Fire Code in accordance with California Health and Safety Code Section 13869.7(h)(1)(B); C. Introduce Ordinance No. 1302 amending Vernon Municipal Code Section 8.04.010 to authorize the City’s Chief Building Official, or authorized representative, to enforce the Fire Code in accordance with California Health and Safety Code Section 13869.7(h)(1)(B); and D. Direct staff to schedule second reading and adoption of Ordinance No. 1302 for the August 6, 2024 City Council meeting.

Background
The California Health and Safety Code mandates the appointment of a Fire Code enforcement officer by the City. This officer can either be the City’s Chief Building Official or the Los Angeles County Fire Chief. The Los Angeles County Fire Department serves 60 contract cities and all unincorporated areas within the County; thus, its extensive coverage may impact customer service for our local development community. In contrast, the City’s Chief Building Official possesses deep knowledge of our local development landscape. Currently responsible for enforcing all aspects of the uniform codes outlined in the Vernon Municipal Code (VMC) except for the Fire Code, appointing the City’s Chief Building Official, or authorized representative, as the Fire Code enforcement officer would streamline the development process in Vernon and provide our business community with a competitive advantage.

To avoid ambiguities, interruption in the enforcement of these codes, and to prevent any uncertainty in the development community, it is critical that the VMC be amended immediately.

This necessitates adoption of both an urgency and regular ordinance.

Adoption of the proposed Urgency Ordinance No. 1301 requires a favorable vote by a four-fifths vote of the City Council. Urgency Ordinance No. 1301 would take effect immediately upon adoption.

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

Attachments ..

Item 18 Page 1 of 2

1. Urgency Ordinance No. 1301

2. Ordinance No. 1302 ..

Item 18 Page 2 of 2
ORDINANCE NO. 1301

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING VERNON MUNICIPAL CODE SECTION 8.04.010
OF CHAPTER 8.04 (FIRE CODE) TO AUTHORIZE THE CITY’S CHIEF

BUILDING OFFICIAL, OR AUTHORIZED REPRESENTATIVE, TO

ENFORCE THE FIRE CODE IN ACCORDANCE WITH CALIFORNIA
HEALTH AND SAFETY CODE SECTION 13869.7(h)(1)(B)
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:

SECTION 1. This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council finds that this ordinance is not subject to CEQA because the adoption of this ordinance is not a “project” pursuant to CEQA Guidelines Section 15378.

SECTION 2. Findings.

A. The City of Vernon receives fire services provided by the Los Angeles County Consolidated Fire Protection District (LA County Fire), along with 60 other contract cities and all unincorporated areas within Los Angeles County. In addition to suppression and prevention services, LA County Fire also reviews building plans on the City’s behalf to help ensure compliance with applicable law.

B. Vernon Municipal Code (VMC) Section 8.04.010 adopts the 2020 Los Angeles County Fire Code by reference. This is accomplished pursuant to Health and Safety Code Sections 17958 and 13869.7 which authorize the City to adopt, modify, or reject ordinances adopted by LA County Fire including without limitation, building standards. The City has opted to adopt LA County Fire regulations in order to assist in LA County Fire in providing uniform building plan review to cities receiving services from LA County Fire.

C. Health and Safety Code Section 13869.7(h)(1)(B) provides that “A city… that ratifies an ordinance relating to fire and panic safety … shall delegate the enforcement of the ordinance to … the chief building official of the city … or his or her authorized representative.”
D. The authorization delegated to the City’s Chief Building Official to enforce the Fire Code is not explicitly stated in VMC Section 8.04.010. While such authority is implied, it is in the public interest to demonstrate clear compliance with Health and Safety Code Section 13869.7 to ensure continued enforcement of the City’s building, fire and other uniform codes.

E. The City Council has determined that it is in the best interest of the public to immediately implement this Ordinance to avoid threat to the public welfare, ..

Item 18 Page 1 of 3
Ordinance No. 1301

_______________________
ambiguities, lapse in enforcement, or uncertainty in the law. The City Council also finds and declares that it is necessary and appropriate to adopt this Ordinance as an emergency measure, pursuant to Chapter 4.4 of the Charter of the City of Vernon, for the immediate preservation of the public safety, health, or peace.

F. Accordingly, in accordance with Government Code Sections 36934 and 36937 (b), the City Council finds that this Ordinance should be adopted on an urgency basis to preserve the public health, safety, and welfare, and this Ordinance shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council.

SECTION 3. Section 8.04.010 (D) is hereby added to the VMC, as follows:
“D. Pursuant to Health and Safety Code 13869.7(h)(1)(B), the City’s Chief Building Official, or authorized representative, is authorized to enforce the Fire Code.” SECTION 4. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this ordinance.

SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this ordinance are declared to be severable.

SECTION 6. The Deputy City Clerk shall certify the adoption and publish this ordinance as required by law.
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Item 18 Page 2 of 3
Ordinance No. 1301

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SECTION 7. This ordinance shall become effective and be in full force and effect immediately upon its adoption.

APPROVED AND ADOPTED July 16, 2024.
_____________________________
JUDITH MERLO, Mayor
ATTEST:

YONNIE PARKER, Deputy City Clerk
(seal)
APPROVED AS TO FORM:

ZAYNAH N. MOUSSA, City Attorney ..

Item 18 Page 3 of 3
ORDINANCE NO. 1302

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON
AMENDING VERNON MUNICIPAL CODE SECTION 8.04.010 OF
CHAPTER 8.04 (FIRE CODE) TO AUTHORIZE THE CITY’S CHIEF

BUILDING OFFICIAL, OR AUTHORIZED REPRESENTATIVE, TO

ENFORCE THE FIRE CODE IN ACCORDANCE WITH CALIFORNIA
HEALTH AND SAFETY CODE SECTION 13869.7(h)(1)(B)
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:

SECTION 1. This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council finds that this ordinance is not subject to CEQA because the adoption of this ordinance is not a “project” pursuant to CEQA Guidelines Section 15378.

SECTION 2. Findings.

A. The City of Vernon receives fire services provided by the Los Angeles County Consolidated Fire Protection District (LA County Fire), along with 60 other contract cities and all unincorporated areas within Los Angeles County. In addition to suppression and prevention services, LA County Fire also reviews building plans on the City’s behalf to help ensure compliance with applicable law.

B. Vernon Municipal Code (VMC) Section 8.04.010 adopts the 2020 Los Angeles County Fire Code by reference. This is accomplished pursuant to Health and Safety Code Sections 17958 and 13869.7 which authorizes the City to adopt, modify, or reject ordinances adopted by LA County Fire including without limitation, building standards. The City has opted to adopt LA County Fire regulations in order to assist in LA County Fire in providing uniform building plan review to cities receiving services from LA County Fire.

C. Health and Safety Code Section 13869.7(h)(1)(B) provides that “A city… that ratifies an ordinance relating to fire and panic safety … shall delegate the enforcement of the ordinance to … the chief building official of the city … or his or her authorized representative.”
D. The authorization delegated to the City’s Chief Building Official to enforce the Fire Code is not explicitly stated in VMC Section 8.04.010. While such authority is implied, it is in the public interest to demonstrate clear compliance with Health and Safety Code Section 13869.7 to ensure continued enforcement of the City’s building, fire and other uniform codes.

E. The City Council has determined that it is in the best interest of the public to immediately implement these proposed amendments and has concurrently ..

Item 18 Page 1 of 3
Ordinance No. 1302

_______________________
introduced an urgency ordinance to avoid threat to the public welfare, ambiguities, lapse in enforcement, or uncertainty in the law.

SECTION 3. Section 8.04.010 (D) is hereby added to the VMC, as follows:
“D. Pursuant to Health and Safety Code Section 13869.7(h)(1)(B), the City’s Chief Building Official, or authorized representative, is authorized to enforce the Fire Code.” SECTION 4. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this ordinance.

SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this ordinance are declared to be severable.

SECTION 6. The Deputy City Clerk shall certify the adoption and publish this ordinance as required by law.
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Item 18 Page 2 of 3
Ordinance No. 1302

_______________________
SECTION 7. This ordinance shall become effective after the thirtieth day following its adoption.

APPROVED AND ADOPTED _____, 2024.
_____________________________
JUDITH MERLO, Mayor
ATTEST:

YONNIE PARKER, Deputy City Clerk
(seal)
APPROVED AS TO FORM:

ZAYNAH N. MOUSSA, City Attorney ..

Item 18 Page 3 of 3
City Council Agenda Report
Meeting Date: July 16, 2024
From: Daniel S. Wall, P.E., Director of Public Works
Department: Public Works
Submitted by: Daniel S. Wall, P.E., Director of Public Works Subject
Adoption of California Fire Code by Reference
Recommendation
A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefor does not constitute a “project” as defined by CEQA Guidelines Section 15378; B. Introduce and conduct first reading of Ordinance No. 1303 amending Title 8, Health and Safety, to adopt the 2022 California Fire Code by reference; and C. Direct staff to schedule a public hearing for the August 6, 2024 City Council meeting for the second reading and adoption of Ordinance No. 1303.

Background
Every three years, the California State Fire Marshal's Code Development and Analysis Division carefully evaluates California's fire and life safety regulations for relevance, necessity, conflicts, and duplication. This division also formulates the state's fire and life safety regulations and building standards, which are then submitted for approval by the California Building Standards Commission. In previous cycles, the City has adopted amended state adopted codes and submitted those amendments to the state adopted along with justification for those amendments.

In the past, these amendments provided our businesses with a competitive advantage, but this is no longer the case. Today, the state-adopted fire codes serve as the comprehensive standard for the design and construction community and are relied upon by the insurance industry to minimize the loss of life and property.

The Insurance Services Office (ISO) classifies fire departments and municipal building departments. These ratings are used by insurers to establish rates. Vernon is protected by a Class 2 Fire Department and a Class 2 Building Department. Nationally less than 2% of building departments are rated Class 1 of Class 2 by the ISO. One of the areas the Public Works’ Building Department can improve in its rating to Class 1 is by adopting State Codes without amendment.

Accordingly, Ordinance No. 1303 amends Title 8 (Health and Safety) of the Vernon Municipal Code to adopt the State Fire Code without amendment. Pursuant to California Government Code Section 50022.3, after the first reading of this ordinance, the Council should direct staff to schedule a public hearing for the second reading and adoption of the ordinance.

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

Attachments

1. Ordinance No. 1303 ..

Item 19 Page 1 of 1
ORDINANCE NO. 1303

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON
ADOPTING BY REFERENCE THE 2022 CALIFORNIA FIRE CODE AS
THE CITY OF VERNON FIRE CODE, AND AMENDING TITLE 8, HEALTH

AND SAFETY, OF THE VERNON MUNICIPAL CODE
SECTION 1. Recitals.

A. California Government Code Section 50020, et seq., authorizes the adoption by reference of the 2022 California Fire Code.

B. At least one (1) copy of the Code adopted herein by reference, certified as a full, true and correct copy thereof by the Interim City Clerk of the City of Vernon has been filed in the office of the City Clerk in accordance with the provisions of Government Code Section 50022.6.

C. A duly noticed public hearing, as required by Government Code Section 50022.3, was scheduled after first reading and was concluded prior to the adoption of this Ordinance.

THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:

SECTION 2. This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council finds that this ordinance is not subject to CEQA because the adoption of this ordinance is not a “project” pursuant to CEQA Guidelines Section 15378.

SECTION 3. Vernon Municipal Code Section 8.04.010 paragraph A is hereby amended to read as follows:
“The City of Vernon hereby adopts by reference the 2022 California Fire Code as published by the California Building Standards Commission, California Code of Regulations Title 24, Part 9 with amendments and including Appendices Chapter 4, B,C,D,H,I, M, and O and all standards contained therein including all applicable tables, indices, addenda and footnotes. Except as otherwise provided herein, or as later amended, said California Fire Code is hereby referred to and by such reference is incorporated herein as if fully set forth and is hereby adopted as the Fire Code of the City of Vernon.”
SECTION 4. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this ordinance. ..

Item 19 Page 1 of 2
Ordinance No. 1303

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SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this ordinance are declared to be severable.

SECTION 6. The Deputy City Clerk shall certify the adoption and publish this ordinance as required by law.

SECTION 7. This ordinance shall become effective after the thirtieth day following its adoption.

APPROVED AND ADOPTED , 2024.
_____________________________
Judith Merlo, Mayor
ATTEST:

YONNIE PARKER, Deputy City Clerk
(seal)
APPROVED AS TO FORM:

ZAYNAH N. MOUSSA, City Attorney ..

Item 19 Page 2 of 2