The goals, which shall be applicable to each construction trade in a covered contractor’s or subcontractor’s entire work force which is working in the area covered by the goals and timetab les, shall be published as notices in the Federal Register, and shall be inserted by the contracting officers and applicants, as applicable, in the Notice required by 41 CFR 60-4.2.
3. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS . For a federally assi sted construction contract in excess of $10,000, the contractor/subcontractor shall:
a. Forward the following EEO certification forms to the contract awarding authority prior to contract award: Certification of Non -segregated Facilities and Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports.
b. Submit a notification of subcontracts awarded to the Director, Office of Federal Contract Compliance Programs, Un ited States Department of Labor - ESA, 200 Constitutional Avenue, NW, Room C3325, Washington, D.C., 20210, within 10 working days of award of any subcontract in excess of $10,000, listing the name, address, and telephone number of the 944Exhibit 9
Anser Advisory
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subcontractor; employer identification number; estimated dol lar amount of the subcontract; estimated starting date and completion dates of the subcontract; and the geographical area in which the contract is to be performed.
c. Send a notice of the contractor’s commitment to equ al employment opportunity to labor union s or representatives of workers prior to commencement of construction work.
d. Display an equal employment opportunity poster in a conspicuous place available to employees and applicants for employment.
e. For contracts in excess of $10,000, bind subcontractors to the Federal Equal Employment Opportunity requirements by including the provisions of Paragraphs 1 through 3, above, in the subcontract.
f. Upon commencement of construction work and until the work is completed, forward the Monthly Employment Utilization Report (Form CC-257) to the contract awarding authority by the end of each work month. With the initial monthly report, the contractor/subcontractor shall attach the Contractor’s List of Federal and Non-Federal Work in Bid Condition Area to the monthly report.
4. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order 11246)
a. The Offeror or Bidder’s attention is called to the Equal Opportunity Clause and the Standard Federa l Equal Employment Specifications set forth herein.
b. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor’s aggregated work force in each trade on all construction work in the covered area, are as follows:
Goals for Minority Goals for Female
Participation for Participation in
Timetables Each Trade Each Trade
28.3% 6.9%
These goals are applicable to all the contractor’s construction work (whether or not it is Federal or federally assisted) p erformed in the covered area. If the contractor performs construction work in a geographical area located 945Exhibit 9
Anser Advisory
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outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non -federally involved construction. The contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60- 4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmation action obligations required by the specifications set forth in 41 CFR Part 60 -4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor’s goals shall be a violation of the contract, the Executive Order, and the regulations of 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. c. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; esti mated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed.
d. As used in this notice, and in the contract resulting from this solicitation, the covered area is the Standard Metropolitan Statist ical Area of Los Angeles- Long Beach, specifically the County of Los Angeles, State of California. 946Exhibit 9
Anser Advisory
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EXHIBIT 4
CONTRACTING WITH SMALL BUSINESS, MINORITY FIRMS,
WOMEN’S BUSINESS ENTERPRISE, AND LABOR SURPLUS AREA FIRMS Federal Contract Provision
1. It is national policy to award a fair share of contracts to Small business and Minority Firms. Accordingly, affirmative steps must be taken to assure that SmallBusiness and Minority Firms are utilized when possible, as sources of supplies, equipment, construction and services. Affirmative steps include the following:
a. Including qualified Small Business and Minority Firms on solicitation lists. b. Assuring that Small Business and Minority Firms are solicited whenever they are potential sources.
c. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum Small Business and Minority Firm participation.
d. Where the requirement permits, establishing delivery schedules which will encourage participation by Small Business and Minority Firms. e. Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce, as required.
f. If any subcontracts are to be let, requiring the prime contractor to take the affirmative steps in 1a through 1e above.
2. Grantees shall take similar appropriate affirmative action in support of Women’s Business Enterprises.
3. Grantees are encouraged to procure goods and services from Labor Surplus Areas.
947Exhibit 9
Anser Advisory
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Craig Halvorson, Regional Managing Director, Executive Vice President 948Exhibit 9
Anser Advisory
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EXHIBIT 6
949Exhibit 9
Anser Advisory
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EXHIBIT 10
NON-SEGREGATED FACILITIES CERTIFICATION
Federal Compliance Form - to be submitted with Bid
The Federally-assisted construction contractor certifies that he/she DOES NOT and WILL NOT:
5. Maintain or provide, for his/her employees, any segregated facilities at any of his/her establishments.
6. Permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained.
The Federally-assisted contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas1 parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise.
The Federally-assisted contractor agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in his/her files.
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Date: Project Number:
Company:
Address:
By:
Title:
March 30, 2023 Unknown
Anser Advisory Management, LLC
2677 N. Main Street, Suite 400, Santa Ana, CA 92705
Craig Halvorson
Regional Managing Director/Executive Vice President
950Exhibit 9
Anser Advisory
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Craig Halvorson
Regional Managing Director/Executive Vice President
951Exhibit 9
Anser Advisory
215 |
(Date) (Title)
EXHIBIT 12
NOTICE OF EQUAL EMPLOYMENT OPPORTUNITY
Federal Compliance Form - to be submitted with Bid
TO:
(Name of Labor Union, Workers Representative, etc.)
(Address)
Name of Business (Contractor):
Project Name: Project Number:
The Undersigned currently holds a contract with
involving funds of the U, S. Government, or a subcontract with a prime contractor holding such contract.
You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. This obligation not to discriminate in employment includes, but is not limited to the follow:
1. Hiring, placement, upgrading, transfer or demotion;
2. Recruitment, advertising or solicitation for employment;
3. Treatment during employment;
4. Rates of pay or other forms of compensation;
5. Selection for training, including apprenticeship; and
6. Layoff or termination.
This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment.
By:
(Print Name) (Signature)
Anser Advisory Management, LLC
Ford Park Aquatics Center Unknown
City of Bell Gardens
7100 Garfield Ave, Bell, CA 90201
Craig Halvorson
March 30, 2023 Regional Managing Director/Executive Vice President Various
952Exhibit 9
Anser Advisory
216 |
(Date) (Title)
EXHIBIT 13
FEDERAL LOBBYIST CERTIFICATION
Federal Compliance Form - to be submitted with Bid
Name of Firm:
Address:
State: Zip Code: Telephone Number: ( )
Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the U. S. Department of Housing and Urban Development and the body awarding this federally assisted construction contract:
1. No Federal appropriated funds have been paid by or on behalf of the above named firm to any person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with the awarding of any Federal contract, the making of and Federal grant1 loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress In connection ·with this federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying". in accordance with Its instructions, and;
3. The above name firm shall require that the language of this certification be Included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreement) and that all sub-recipients shall certify and disclose accordingly.
NOTE: This certification ls a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification Is a prerequisite for making or entering Into the transaction imposed by Section 1352 Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $101000 and not more than $100,000 for each such failure.
Authorized Official:
By:
(Print Name) (Signature)
Anser Advisory Management, LLC dba Anser Advisory
2677 N. Main Street, Suite 400, Santa Ana, CA 92705
CA 92705 714-276-1135
Craig Halvorson
Regional Managing Director / Executive Vice PresidentMarch 24, 2023 953Exhibit 9
Anser Advisory
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EXHIBIT 14
Anser Advisory Management, LLC dba Anser Advisory
2677 N. Main Street, Suite 400, Santa Ana
CA 92705 714-276-1135
Regional Managing Director / Executive Vice PresidentMarch 24, 2023 Anser Advisory Management, LLC
954Exhibit 9
Anser Advisory
218 |
Declaration of Intent to Comply with Section 3 Requirements Rev. 9.1.21
DECLARATION OF INTENT TO COMPLY WITH
SECTION 3 REQUIREMENTS
As a minimum requirement for consideration of a contract award, the Bidder/Proposer shall declare his/her intent to comply with Section 3 (24 CFR 75) of the Housing and Urban Development Act of 1968, as amended (Section 3). The Bidder/Proposer is obliged, to the greatest extent feasible, to give opportunities for training and employment to low-income and very low-income persons residing in the service area or neighborhood in which the covered Section 3 project/service is located, and/or to award subcontracts to other Section 3 business concerns that provide economic opportunities for Section 3 workers and Targeted Section 3 workers.
Bidder/Proposer agrees that, as a condition of responsiveness to the solicitation and prior to recommendation for contract award by the Local Contracting Agency (LCA),he/she will agree to comply with the Section 3 requirements by including the Section 3 contract language in the contract, to the greatest extent feasible, to meet the Section 3 benchmarks and report all accomplishments with required documentation on a quarterly basis for the duration of the contract.
The Section 3 benchmarks apply to all Section 3 covered contracts as follows:
Public housing financial assistance benchmarks:
o Section 3 workers: 25% or more for the total number of labor hours worked by all workers employed, and
o Targeted Section 3 workers: 5% or more of the total number of labor hours worked by all workers employed of which is included as part of the 25% threshold in the previous bullet.
Community development financial assistance benchmarks:
o Section 3 workers: 25% or more for the total number of labor hours worked by all workers employed on a Section 3 project, and
o Targeted Section 3 workers: 5% or more of the total number of labor hours worked by all workers employed on a Section 3 project of which is included as part of the 25% threshold in the previous bullet.
Failure of the Bidder/Proposer to agree to comply with the Section 3 requirements and reporting obligations shall be grounds for determining the Bidder/Proposer non- responsive, and no further consideration for contract award shall be granted.
I declare under penalty of perjury under the laws of the State of California that we agree to comply with the Section 3 requirements as stated above.
Name of Contractor/Subcontractor Address
Print Name Title
Signature Date
Anser Advisory Management, LLC 2677 N. Main Street, Suite 400, Santa Ana, CA 92705 Craig Halvorson Regional Managing Director/ Executive VP March 30, 2023
955Exhibit 9
Anser Advisory
219 |
CONTRACTOR'S CERTIFICATE
COMPENSATION
Labor Code Section 3700
"Every employer except the state shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state.
(b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self- insure and to pay any compensation that may become due to his or her employees. (c) For any county, city, city and county, municipal corporation, public district, public agency, or any political subdivision of the state, including each member of a pooling arrangement under a joint exercise of powers agreement (but not the state itself), by securing from the Director of Industrial Relations a certificate of consent to self-insure against workers' compensation claims, which certificate may be given upon furnishing proof satisfactory to the director of ability to administer workers' compensation claims properly, and to pay workers' compensation claims that may become due to its employees. On or before March 31, 1979, a political subdivision of the state which, on December 31, 1978, was uninsured for its liability to pay compensation, shall file a properly completed and executed application for a certificate of consent to self-insure against workers' compensation claims. The certificate shall be issued and be subject to the provisions of Section 3702.
For purposes of this section, "state" shall inclu
I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer -insurance in
accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
CONTRACTOR
By:
AUTHORIZED REPRESENTATIVE
TITLE
(In accordance with Article 5 {commencing at Section 1860}, Chapter 1, Part 7, Division 2, of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.) Anser Advisory Management, LLC
Regional Managing Director / Executive Vice President
956Exhibit 9
2677 N. Main Street, Suite 400
Santa Ana, CA 92705
957Exhibit 9
Anser Advisory
City of Bell Gardens
Ford Park Aquatics Center
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Staffing Plan
Scope Task
2.1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
2.1, 2.2, 2.3, 2.10, 2.12, 2.13, 2.22, 2.22 40 40 40 80 80 80 80 80 80 80 80 80 80 80 80 80
2.1, 2.2, 2.3, 2.10, 2.12, 2.13, 2.22, 2.23 40 40 40 60 40 40 10 10 10 10 10 10 10 10 10 10
2.1, 2.2, 2.3, 2.4, 2.5, 2.10, 2.12, 2.13, 2.14, 2.22,
2.23 80 80 80 80 174 160 176 160 160 160 160 160 160 160 160 160
2.10, 2.11, 2.13, 2.19, 2.20, 2.22, 2.23 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
2.10, 2.11, 2.13, 2.19, 2.20, 2.22, 2.23 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10
2.4, 2.5, 2.7, 2.10, 2.22, 2.23 0 0 0 0 176 160 176 160 160 176 160 176 160 176 176 160
2.4, 2.5, 2.8, 2.22 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
2.3, 2.21 40 20 20 20 4 4 4 4 4 4 4 4 4 8 8 8
2.3, 2.21 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
2.3, 2.21 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
2.2, 2.3 40 10 10 10 8 8 8 8 8 8 8 8 8 8 8 8
2.2, 2.3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
2.3, 2.21 10 10 10 4 4 4 4 4 4 4 4 4 6 8 8 8
2.4 4 4 6 6 80 80 80 80 80 80 80 80 80 80 80 80
0 52,383.58$ 40,679.86$ 40,850.67$ 52,782.08$ 96,390.65$ 91,363.66$ 91,609.01$ 86,256.10$ 86,256.10$ 89,001.60$ 86,256.10$ 89,001.60$ 86,632.61$ 90,857.80$ 90,857.80$ 88,112.30$ -$ -$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 52,383.58$ 40,679.86$ 40,850.67$ 54,282.08$ 97,890.65$ 92,863.66$ 93,109.01$ 87,756.10$ 87,756.10$ 90,501.60$ 87,756.10$ 90,501.60$ 88,132.61$ 92,357.80$ 92,357.80$ 89,612.30$
2.7, 2.8 - $ -$ -$ 2,500.00$ 2,500.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 2,000.00$ 2,000.00$
2.9 - $ -$ -$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 800.00$ 800.00$ 800.00$ 800.00$ 800.00$ 800.00$ 800.00$ 800.00$
2.15, 2.22 2,000.00 $ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$
2.7 - $ -$ -$ -$ -$ -$ -$ -$ -$ -$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 500.00$ 500.00$ 500.00$ 500.00$ 500.00$ -$ -$ -$ -$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ - $ -$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 7,000.00$ 9,000.00$ 11,500.00$ 11,500.00$ 11,500.00$ 9,800.00$ 12,300.00$ 13,800.00$ 14,300.00$ 12,300.00$ 12,300.00$ 8,800.00$ 8,800.00$ 54,383.58$ 42,679.86$ 42,850.67$ 61,282.08$ 106,890.65$ 104,364$ 104,609.01$ 99,256.10$ 97,556.10$ 102,801.60$ 101,556.10$ 104,801.60$ 100,433$ 104,658$ 101,158$ 98,412$ Construction Management & Contract Administration
Hold Construction & Specialty Meetings
Submittals & Permits
Hold Construction & Specialty Meetings
Monthly Estimate
UltraSystems
Costin Public Outreach Group
P2S
3QC
Guida Surveying
Subconsultant Totals
Anser Labor
ODC's
Anser Totals
Twining
Sr. Scheduler II
Funding Expert/Project Controls
Contract Administrative Assistant
/ Document Control
Lead PW Inspector
PW Inspector
Sr. Estimator
Estimator
Renovation Expert
Sr. Scheduler I
Principal
Sr. Construction Manager, P.E.
Sr. Construction Manager, CCM
Asst. Construction Manager
Asst. Construction Manager
Quality Assurance
Main Library Renovation
Position
Newhope & Delhi Library TI's Newhope & Delhi Library TI's Jerome Park Outdoor Library Jerome Park Outdoor Library Contractor Pre-Qualification Process
Construction Management & Contract Administration
Community Outreach
Specialty & Deputy Inspection, Soils & Materials
Task 1: Total Project Schedule
Closeout
Site Web Camera
Quality Assurance Survey
Specialty Tasks Specialty Tasks
Bidability / Constructability Review
Abatement / Demolition
Bidability / Constructability Review
Probable Cost & Time
Contractor Pre-Qualification Process
Bidding & Award Bidding & Award
Project Management Project Management
Abatement / Demolition
Submittals & Permits
Probable Cost & Time
Anser Advisory
958Exhibit 10
Anser Advisory
City of Bell Gardens
Ford Park Aquatics Center
Staffing Plan
Scope Task
2.1 2.1, 2.2, 2.3, 2.10, 2.12, 2.13, 2.22, 2.22
2.1, 2.2, 2.3, 2.10, 2.12, 2.13, 2.22, 2.23
2.1, 2.2, 2.3, 2.4, 2.5, 2.10, 2.12, 2.13, 2.14, 2.22,
2.23 2.10, 2.11, 2.13, 2.19, 2.20, 2.22, 2.23
2.10, 2.11, 2.13, 2.19, 2.20, 2.22, 2.23
2.4, 2.5, 2.7, 2.10, 2.22, 2.23
2.4, 2.5, 2.8, 2.22
2.3, 2.21
2.3, 2.21
2.3, 2.21
2.2, 2.3
2.2, 2.3
2.3, 2.21
2.4 2.7, 2.8
2.9 2.15, 2.22
2.7 Hold Construction & Specialty Meetings
Monthly Estimate
UltraSystems
Costin Public Outreach Group
P2S
3QC
Guida Surveying
Subconsultant Totals
Anser Labor
ODC's
Anser Totals
Twining
Sr. Scheduler II
Funding Expert/Project Controls
Contract Administrative Assistant
/ Document Control
Lead PW Inspector
PW Inspector
Sr. Estimator
Estimator
Renovation Expert
Sr. Scheduler I
Principal
Sr. Construction Manager, P.E.
Sr. Construction Manager, CCM
Asst. Construction Manager
Asst. Construction Manager
Quality Assurance
Main Library Renovation
Position
Newhope & Delhi Library TI's
Jerome Park Outdoor Library
Contractor Pre-Qualification Process
Construction Management & Contract Administration
Community Outreach
Specialty & Deputy Inspection, Soils & Materials
Task 1: Total Project Schedule
Closeout
Site Web Camera
Quality Assurance Survey
Specialty Tasks
Bidability / Constructability Review
Bidding & Award
Project Management
Abatement / Demolition
Submittals & Permits
Probable Cost & Time
Anser Advisory
17 18 19 20 21 22 23 24 25
Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25 Apr-25 Hours Rates Budget 0 0 0 0 0 0 0 0 0 0 292.95 $
80 80 80 80 80 80 80 80 0 1800 241.40 $ 434,515.92$
10 40 40 40 40 40 40 40 0 650 170.25 $ 110,664.00$
160 160 160 160 160 160 160 160 0 3550 162.96 $ 578,518.70$ 0 0 0 0 0 0 0 0 0 0 138.20 $ - $
10 10 10 10 10 10 10 10 0 240 137.42 $ 32,979.83$
160 160 160 160 160 160 160 160 0 3296 171.59 $ 565,573.99$ 0 0 0 0 0 0 0 0 0 0 137.42 $ - $
8 8 8 8 8 8 8 4 0 220 275.79 $ 60,674.46$
0 0 0 0 0 0 0 0 0 0 206.26 $ - $
0 0 0 0 0 0 0 0 0 0 275.79 $ - $
8 8 8 8 8 8 0 0 0 214 206.26 $ 44,140.05$
0 0 0 0 0 0 0 0 0 0 67.58 $ - $
8 8 8 8 8 8 8 8 0 160 188.26 $ 30,121.14$
80 80 80 80 60 60 60 60 60 1600 85.40 $ 136,643.35$
11730
88,112.30$ 93,219.86$ 93,219.86$ 93,219.86$ 91,511.82$ 91,511.82$ 89,861.73$ 88,758.56$ 5,124.13$ 1,993,831.44 $ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ - $ -$ 30,000.00 $ 89,612.30$ 94,719.86$ 94,719.86$ 94,719.86$ 93,011.82$ 93,011.82$ 91,361.73$ 88,758.56$ 5,124.13$ 2,023,831.44 $ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ - $ 80,500.00 $ 800.00$ 800.00$ 800.00$ 800.00$ 800.00$ 800.00$ 800.00$ - $ 24,500.00 $ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 46,000.00 $ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 19,500.00 $ 500.00$ 500.00$ 500.00$ - $ -$ -$ -$ -$ -$ 4,000.00 $ 2,000.00$ 2,000.00$ 2,000.00$ - $ -$ -$ -$ -$ -$ 26,000.00 $ 8,800.00$ 8,800.00$ 8,800.00$ 6,300.00$ 6,300.00$ 6,300.00$ 6,300.00$ 5,500.00$ - $ 200,500.00 $ 98,412$ 103,520$ 103,520$ 101,020$ 99,312$ 99,312$ 97,662$ 94,259$ 5,124$ 2,224,331.44$ Closeout
959Exhibit 10
960Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
i | Page
1. Letter of Transmittal
March 30, 2023
City of Bell Gardens
8327 Garfield Avenue
Bell Gardens, CA 90201
Attn: Grissel Chavez, Director of Public Works
Subject: Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center
Dear Ms. Chavez,
We are pleased to provide the attached proposal in response to the City of Bell Garden ’s request for proposals for the subject project.
Infrastructure Engineers has the experience and capabilities to oversee the entire construction project process, from design to completion, thus ensuring smooth integration of design through constructability.
We function as an extension of the City’s organization by representing and protecting your best interests.
We look at each cons truction project from your eyes, forming a clear picture of the City’s vision and expectations. We develop an understanding of your budget goals, multiple funding sources, schedules, and decision -making processes. In addition, our extensive experience in providing construction management services to many different municipalities allows us to think outside of the box and offer creative solutions to construction challenges.
For each project, appropriate construction p rofessionals and experience d staff are selected to ensure project delivery success. For this contract, we are proposing Masoud Sepahi, MSCE, PE, LEED GA as the Project Manager/Resident Engineer , providing oversight of the team, making sure all resources are available for this contract, as well as ensuring the City’s complete satisfaction with our services. Masoud has over 35 years of experience in public works and construction management services. We are also proposing Miguel Alvarez (20 years of experience) as the Construction Manager . For Construction Superintendent we are proposing Attif Haffar, EIT (over 30 years of experience ) and f or Construction Inspector we are proposing Imad Zureiqat, MS, EIT (over 40 years of experience). Each of our proposed staff members has worked with cities to provide construction management and inspection services for many similar building projects. As we all know, demolition of existing structures, scraping and grading the site, then constructing new facilities have their own unique qualities. This experience will provide the City with peace of mind, know ing that your construction projects are being run with the highest regard for your desired goals and bottom line.
As an officer of Infrastructure Engineers, I am authorized to bind the firm to all commitments made in this proposal. If I can be of any assistance during the evaluation of this proposal, I am located at 3060 Saturn Street, Suite 250, Brea, CA 92821 and can be reached at 714 -940-0100 or via email at [email protected].
Sincerely,
Infrastructure Engineers
Sid Mousavi, MSCE, PE
Chief Executive Officer
961Exhibit 11
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2. Table of Contents
1. Letter of Transmittal ......................................................................................... i
2. Table of Contents.............................................................................................. ii
3. Work Plan and Approach ................................................................................. 1
4. Key Personnel Background .............................................................................. 7
5. Aquatic Experience – References ................................................................... 21
6. Other Experience – Firm References .............................................................. 23
7. Standard Agreement Acknowledgment ......................................................... 28
8. Schedule Control ........................................................................................... 30
9. Manpower Allocations ................................................................................... 31
10. Lawsuits ...................................................................................................... 31
11. Cost ............................................................................................................ 32
12. Appendix – Addenda and Forms ................................................................. 32 962Exhibit 11
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3. Work Plan and Approach
Project Understanding
The project encompasses professional services from the formal approval of the improvement plans by Council, through completion of construction. This wil l be accomplished through the defined tasks established by the Request for Proposals, issued March 2023.
The proposed facility design supports in-water programs including recreation, water fitness, water safety and training, and competitive aquatics. These programs are incorporated into the current design of the new aquatic center and site improvements.
The project consists of the demolition the existing pool and supporting buildings/structures, scraping and grading the site for the new pool facility and associated pools structures to support patrons of the pool and mechanical rooms to operate the pool, including all necessary utility and site improvements per the approved project plans.
This is a federally funded project utilizing Community Development Block Grant (CDBG) funds administered through the U.S. Department of Housing and Urban Development (HUD), Prop 68 Land and Water Conservation Fund, City of Bell Gardens and other agencies that may provide future funding. The consulting firm shall provide and comply with a CBDG funding guidelines along the Davis -Bacon Federal Wage Rates.
It should be noted, Infrastructure Engineers (IE) understands the magnitude and political importance of this project. IE will work the contractor to address construction issues early, accurately while addressing budget concerns. A project of this magnitude requires a full-time support team to manage the project.
Past experience has shown, that if a part -time approach is executed, the contractor will override the inspectors and managers to increase project costs and delay the project.
As with all city facilities, coordination among the City’s Department end users is key to a successful project.
IE is fully aware for a project of this magnitude, the end users must have full knowledge of how the new facilities will operate, function and be maintained by each D epartment. This collaboration among Departments during the design phase leads to successful projects when the end users take possession of the facility.
The PM Team IE is proposing has managed construction projects in excess of $200 million from start to finish. The team will manage the contractor to ensure the project maintains the schedule and project budget.
As your construction management and construction inspection (CM/IS) consultant, IE will manage and inspect the improvements of the project in the areas specified in the City’s RFP. This includes detailing the project’s warranty period in the construction contract specifications.
We will work with the City’s Labor Compliance team through all aspects of the project . IE’s team will coordinate with the co nsultant during construction. IE will coordinate all labor compliance actions with progress payments to ensure the contractor is complying with funding and DIR requirements. Any compliance deficiencies will be addressed and rectified prior to the next progress payment processing.
IE’s team will coordinate and monitor all testing services to perform field and laboratory testing during construction, including review of test results, and maintain a log of all test reports, including the type of testing perfor med, location, result and action taken. As part of our construction management and inspection services, we will coordinate with the Contractor to perform retesting on any failing tests.
Infrastructure Engineers will also coordinate delivery of all testing results to the City and will prepare and 963Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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forward to the City a progress payment report along with test results and accurate detailed inspection logs.
IE’s team will coordinate with the City’s Building Division , Health Department , and other agencies as required to ensure all required building inspections are performed, inspected, and signed off by the Building Division from beginning to Final Inspection and subsequent issuance of the Certificate of Occupancy.
The scope of work comprises three (3) phases:
1. Pre-Construction Phase
2. Construction Phase
3. Post Construction Phase
The key to a project of this magnitude is effective communication, document control, construction activities between the City, Contractor, and Project Management (PM) Team. The PM team acts as an extension of City staff working directly with City staff to maintain project schedules, address construction issues, address change orders with impacts to schedule and budget.
Scope of Services
Phase 1 - Pre-Construction Management Services
Kick-Off Meeting
Infrastructure Engineers will prepare an agenda and coordinate the project kick-off meeting. The purpose of this meeting is to review the project scope of work with City staff, iron out any questions and concerns City staff might have, and obtain a clear directive from the City Project Manager regarding our role in assisting the City with this project. We believe this first step is of utmost importance and very critical before commencement of any work on the project by the contractor. The primary focus will be placed on reviewing the Project/CM Management plan defining project team roles and responsibilities, flow of information, public relations activities, communications, review of project documents, scope, schedule, quality assurance, cost control an d funding compliance. At this time, IE’s Team will introduce and allow access to the project management software “PROCORE” that will be used for the project. Last but not less important, to reach an agreement on a plan for an effective public relations effort and a program to keep the affected public constantly informed and responding to their inquiries, concerns, and complaints in an effective manner throughout the duration of the project.
The Pre-Construction Task has detailed individual tasks as noted in the RFP and become incorporated into this tasks scope of work. IE’s Team has the experience to facilitate the completion of the tasks. IE is fully aware of importance in long lead items and how they impact schedules. IE has developed specifications, in which work does not begin until such long lead items are secured with delivery dates, then construction can begin. IE understands that this coordination covers all aspects of building construction primarily focusing on HVAC , Pool Equipment and Electr ical equipment. Th is Phase consists of several Tasks as follows:
1. Constructability Review with emphasis on items of long lead times
2. Schedule and Budget Review
3. Contractor Pre-Qualification process
4. Bidding Phase and Contract Award
IE’s team believes the Pre-Construction Phase can be completed within 4 months from the issuance of the Notice to Proceed in coordination with final approval of the plans by Council. This phase has the following identified Tasks noted below.
964Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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Task 1: Constructability Review
IE’s team will review the construction documents for constructability and biddability. This will be accomplished by the PM Team. The review will also ensure all utilities are addressed and ready to bid. IE’s team brings years of public facility construction experience and in the review this experience will review the plans, look for issues, provide resolution of the issues, foresee potential change orders, and provide resolution to minimize the potential for change orders. In addition, establish a list of materials needed for the project for compliance with Build America, Buy America Act (BABA) with lead times. Working with the Design team confirm waivers for material items through BABA due budget constraints and lead times.
Task 2: Schedule and Budget
The schedu le and budget will be reviewed by the IE team after the constructability review and determination of the long lead items has been determined with documentation.
The Schedule and Budget Task has detailed individual tasks as noted in the RFP and become incorporated into this tasks scope of work. This task covers the pre-construction task 2 through project closeout task 9.
IE’s Team is fully versed in processing change orders, weekly statement of working days and the other reports noted in the Caltrans LAPM which are used to effectively manage the project. Among other tasks, IE’s Team will be in constant contact with City staff regarding the project’s schedule and budget impacts.
Included in this Task will be the initiation of the fixtures, furnishing and equipment (FF&E) approval of the FF&E, coordination, scheduling and purchasing. These items need to set and approved by the City prior to the bidding process if the costs are to be incorporated into the construction contract.
Task 3: Contractor Pre-Qualification Process
IE Team will work with the City to determine and quantify the qualification-based contract bid process is preferred method prior to proceeding to the normal public works contract method. This information will then set the bid phase.
Since aquatic center construction is a rare activity, finding contractors who have constructed aquatic centers will be limited in the Southern California area. The following are proposed qualifications for the general contractor and sub -contractors. Qualified general contractors need experience in public facility construction with health department experience. The plumbing sub-contractor shall have experience in large pool construction with associated plumbing and water quality experience all under Health department experience. The electrical sub -contractor shall have experience in temporary power connections, coordination with SCE and understanding of equipment lead times. The HVAC sub-contractor shall experience in public facilities and understanding of equipment lead times.
IE’s team will produce a pre -qualification document, circulate the document in the same fashion as a public works contract, receive the general contractor qualification documents, review, and evaluate the document to allow 3-5 qualified general contractors to formally bid on the project.
Task 4: Bidding Phase and Contract Award
After determining 3-5 qualified general contractors, the in-formal bidding phase is initiated. The City will issue the bid package to the pre- qualified general contractors, receive, and evaluate the bids, prepare a bid summary and make a recommendation for City Council consideration. Ensure all required funding agency documents are submitted and reviewed.
IE’s team believes these tasks are to be started immediately after the Notice to Proceed is issued by the City and scheduling of the project kick off meeting . These tasks are identified as sub -categories under Phase 1 of the fee schedule.
965Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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Phase 2 - Construction Management/Inspection Services
IE’s Team is ready to move the project forward after the City Council awards the construction contract to the general contractor. The Team will have in place a project/CM plan that fully defines the roles, responsibilities for the Team. As construction is initiated, IE’s Te am in initiate the project’s QA/QC management plan for the project. A key component of all projects of this magnitude, is claims avoidance.
Claims avoidance is maintained with proper communication and documentation of project activities throughout construction. IE’s Team is well versed in working with contractors of all trades. We strive in identifying potential claims and resolving them with the contractor prior to becoming a claim. As the construction fencing is installed, IE’s Team will coordinate the installation of six (6) web-based cameras to monitor the project’s progression.
The Construction Management/Inspection Phase consists of several tasks as follows:
5. Construction Management
6. Construction Inspection
7. Labor Compliance
8. Materials Testing
9. Utility and Outside Agency Coordination
Task 5: Construction Management
The Construction Task incorporates all the activities of professional project management. The IE Team selected bring their expertise to the City to successfully complete the project. This Phase covers Task 5 through Task 9 . IE’s Team is fully versed in managing projects to keep the contractor working and mitigating potential construction delays. Our Team will provide the pro ject paperwork per the Caltrans LAPM which are used to effectively manage the project. Among other tasks, IE’s Team will be in constant contact with City staff regarding the project’s construction and time impacts.
IE’s team will begin Task 5 when the City Council award the contract . This Task has detailed individual tasks as noted in the RFP and become incorporated into this tasks scope of work. IE’s Team is fully versed at managing a project and processing project documents. As your Project Manager and Co nstruction Manager, it is our charge to effectively communicate with the City and the Contractor to move the project forward, always looking for construction impacts to the schedule and budget as the City representative.
One key task of IE’s Team will be a ssisting and completing, as required, the necessary documents to process progress payments to and through the various project funding agencies. IE’s t eam is thoroughly familiar with the several Federal, State and Local funding agencies contract and funding requirements during and after construction is completed. This experience provides the City the necessary confidence that invoices will be prepared and submitted to the agency for processing without issues.
Task 6: Construction Inspection
The Construction Inspection Task has detailed individual tasks as noted in the RFP and become incorporated into this tasks scope of work. This task covers the construction task 5 through project closeout task 9. IE’s Construction Superintendent and inspect or are experienced in building and site construction. The Superintendent is currently completing a park with a commercial retail space project.
These two individuals will work closely to ensure material testing compliance, deputy inspect ion as required, utility and other agency coordination along scheduling the City’s Building Department for performing the required building inspections throughout construction.
Construction inspection is all about the inspector properly capturing daily construction activities performed by the contractor and subcontractors, and then concisely, effectively, and clearly documenting them in the daily inspection reports. The inspector is onsite to observe and confirm the quality and 966Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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quantity of installed bid items of the field work. Our inspector will complete the following tasks :
Compliance with Building Codes, Standard Specifications for Public Works Construction, Construction Traffic Control and Safety; Strom Water Pollution Prevention Plans (SWPPP); Pre-Construction Photo logs; and construction photos; assist as required with interview and prepare interview labor compliance forms; and prepare daily diaries.
The inspector will compile daily observation reports documenting the contractor’s workforce, details prior to construction starting, all materials and equipment used or idle, a summary of the construction operations, any field problems, any disputes or claims, resolutions of issues and information provided or written directives to the contractor. Completed daily reports will be transmitted to the City on a weekly basis with originals filed and stored appropriately.
IE will periodically review the contractor’s as-built updates on the approved job plan set, identify missing items, and require the contractor to keep as-built records up to date throughout the project. Infrastructure Engineers will keep its own set of as -built plans, which will note the location of subsurface utilities encountered and/or installed, identify where any design or field changes were required (utilizing the corresponding RFI and/or change order numbers), and note the location of critical construction areas that are covered by finish work. Our Construction Manager will assist the contractor in maintaining a field set of as-built plans to be as necessary and delivered them to the City upon project completion.
Safety is p aramount. Our inspector (s) will attend the contractor weekly tailgate meeting s. The Construction Manager will review contractor’s safety plan and implement a tracking system to monitor that the contractor follows it to the letter.
Infrastructure Engineers will review all traffic c ontrol and public safety plans for compliance with all applicable safety laws and regulations. These will be reviewed daily . IE will ensure that Police, Fire, Sanitation, Park, and other affected City agencies are notified of potential construction impacts.
Task 7: Labor Compliance
The Labor Compliance Task is to be provided by others. However, the IE Team will have to work with the labor compliance officer during construction to ensure the payrolls have been submitted, reviewed, and accepted at the end of each month. This check will be confirmed by the IE Team prior to processing contractor progress payments. This coordination is required to ensure if contractors do not submit payrolls and have payment issues to employees, IE will coordinate withholding pro ject funds until the labor compliance issue is resolved.
Task 8: Materials Testing
The Materials Testing and Deputy Inspection has detailed individual tasks as noted in the RFP and become incorporated into this tasks scope of work . This task covers the co nstruction task 5 through task 9. Our Superintendent and inspector will work closely to ensure material testing compliance, deputy inspector as required, along scheduling the City’s Building Department for performing the required building inspections throughout construction.
Task 9: Utility and Outside Agency Coordination
The Utility and Outside Agency Coordination Task has detailed individual tasks as noted in the RFP and become incorporated into this tasks scope of work. This task covers the construction task 5 through task
9. Our superintendent and inspector will work closely to ensure that utilities and outside agencies are notified, and work programs are coordinat ed with the contractor to ensure the overall project schedule is maintained.
967Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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Phase 3 - Post-Construction Management Services
The post construction phase begins at the project’s substantial completion certification between the City, Architect, general contractor, and the building official. At this stage, the project looks completed with final punch list and FF&E items to be installed. IE’s team will work to finalize the project, ensure all labor compliance issues are addressed, funding agency final reports are completed, preparation of final invoices for funding reimbursements , accepting the Notice of Completion with project acceptance by the City Council and handing the keys from the general contractor to the City. Commencement of the project warranty period begins at the Filing of the Notice of Completion.
The Post Construction Management Services phase consists of the following tasks:
10. Post Construction
11. Fixtures, Finishes and Equipment
12. Project Closeout
Task 10: Post Construction
The Post Construction Task has detailed individual tasks as noted in the RFP and become incorporated into this tasks scope of work . This task moves the project from Substantial Completion to Project Final.
IE’s Team is fully versed in developing the punch list items with input from t he end users and City Departments. Among other tasks, IE’s Team will be in constant contact with City staff regarding the project’s schedule and budget impacts.
Task 11: Fixtures, Finishes and Equipment
IE’s Team will monitor and confirm all FF&E are installed and operational working with the City’s end users to ensure a seamless transition. This also includes any necessary training along with coordination with the City’s IT Department. This also includes training and operations of the new pool, pool equipm ent, water treatment along with operations of the various features of City staff. Tasks are noted in the RFP and become incorporated into this tasks scope of work.
Task 12: Project Closeout
The Project Closeout Task has detailed individual tasks as noted in the RFP and become incorporated into this tasks scope of work. This task covers the coordination with post construction task 10 through task 12.
Our Team will work closely to ensure that the contractor provides the as-builts, complete all final reports, obtain all operational manuals, and complete required funding agency final reports and subsequent final invoicing for reimbursement of funds. With Council acceptance of the project, the final action item is the handing over of the keys from the General Contractor to the City.
Warranty period performance: IE’s Team will assist City staff to address building and operational issues with the General Contractor for a period of one-year. Included will be a project inspection with City staff and Contractor twenty (20) calendar days prior to the expiration of the warranty period.
968Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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4. Key Personnel Background
Principal-in-Charge
Sid Mousavi, MSCE, PE
Administrative
Assistant
Nathan Kirby
Roberta Lacayo
City of Bell Gardens
Construction
Superintendent
Attif Haffar
Construction Manager
Miguel Alvarez, PE
Project Manager/Resident Engineer
Masoud Sepahi, MSCE, PE, LEED GA
Construction Inspector
Imad Zureiqat
969Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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Sid Mousavi, MSCE, PE
Principal-in-Charge
Sid Mousavi has over 35 years of experience in engineering projects covering a wide range of municipal management, civil engineering, transportation, public works, construction management, traffic engineering, community development and redevelopment, parks and recreation facilities, and public and private land development. As the Chief Executive Officer at Infrastructure Engineers, Sid is responsible for the direction and administration of internal services, civil engineering design, ci ty services and other corporate management responsibilities and matters. Prior to joining Infrastructure Engineers, Sid’s accomplishments included serving as City Manager, Director of Public Works, and City Engineer for various cities in Southern Californ ia, with responsibilities for directing and administering such functional elements as engineering, planning, building & safety, facilities and equipment, landscaping, streets, environmental services, transportation, transit, and other municipal services. Responsibilities also included communication with City Councils, City Commissions, other city departments and governmental regulatory agencies, utility companies, contractors, consultants, and the general public. Sid has performed the entire spectrum of e ngineering activities, which include engineering investigations, conceptual and feasibility studies, planning/scheduling, design, specifications, cost analysis, cost estimating, contract negotiations, construction management and engineering support services. Sid has served as the Contract City Engineer for the Cities of Bell Gardens, La Puente, Montebello, Baldwin Park, and Irwindale.
Sid has served as the Contract City Engineer for the following cities:
Relevant Experience
Principal-in-Charge, Various Capital Projects, City of South El Monte, CA.
Sid was responsible for contract oversight of capital projects for the City, which include the Safe Route to School Project – Pedestrian Improvement Project, Durfee Avenue Project – Street and Median Improvement Project, Thienes Avenue Project – Street Improvement Project, and the New Temple Park Improvements – Prefabricated Modular Restroom.
City Engineer, City of Bell Gardens, CA.
Sid was responsible for approving all capital projects for the City and providing cost estimates and budgets for new and upcoming projects. Supervises various Infrastructure Engineers projects as the designated Principal-in-Charge. Participates in development meetings and provides support for various land development projects by establishing conditions for approval of projects. Supervises and directs traffic engineering and water engineering activities of the City. Attends City Council meetings and provides reports of engineering projects to the City Council. Oversees the City’s NPDES program and MS4 Permit compliance.
Education:
• MS, Civil Engineering,
California State
Polytechnic University,
Pomona, CA
• BS, Civil Engineering,
California State
Polytechnic University,
Pomona, CA
• BS, Irrigation Engineering,
Azerbaijan University, Iran
Professional Certifications:
• Registered Civil Engineer,
CA, No. 42645
Years of Experience: 35+
• City of Bell Gardens
• City of Montebello
• City of Irwindale
• City of La Puente
• City of Baldwin Park
970Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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Principal-in-Charge, City of Brea, CA.
Sid was responsible for oversight of performance of professional services to provide plans, specifications and estimates for rehabilitation of alleys east of Brea Boulevard and south of Imperial Highway to Date Street, Downtown Parking Structure 1 Sewer Line Upgrade, and Sewer Main Repair in Alley west of Brea Boulevard and south of Imperial Highway.
Principal-in-Charge, Various Street Improvements, City of Lynwood, CA.
Sid provided oversight of design, construction management, and inspection of street improvements for Linden Street, Virginia Avenue. Walnut Avenue, Redwood Avenue, Elmwood Avenue, Olanda Avenue, and Las Flores Boulevard. The project includes topographic surveying to address the drainage issues, removal, and replacement of broken or missing gutters and curbs, subsurface investigation of the existing asphalt structure, replacement of existing damaged or substandard driveways, removal and replacement of trees that have caused damage, design of ADA-compliant ramps, and repair or placement of sidewalks, where necessary. Infrastructure Engineers also provided bid administration, construction management services, and inspection for these projects.
Interim City Manager, Director of Public Works & Planning and City Engineer, City of Baldwin Park, CA.
Served as Interim City Manager during a 14 -month vacancy at the City of Baldwin Park, Responsible for the development of the $40 million annual operating and capital budgets, including the identification of new revenue sources for the City. Involved in labor negotiation with seven city labor groups. Also responsible for th e enhancement of the City’s public information and public relations materials, policy development and implementation, and general administrative oversight of the City’s six departments and more than 300 employees. As Executive Director to the City’s Commun ity Development Commission, directed the City’s redevelopment activities. Also served as Executive Director of the Baldwin Park Housing Authority, which provided housing services for Baldwin Park as well as the cities of Duarte, El Monte, Monrovia, and West Covina.
City Engineer, City of Bell Gardens, CA.
Served as the City Engineer under a general contract to provide City Engineer services. Responsible for all capital improvement programs, land development, traffic engineering, water engineering, and redevelopment engineering.
City Engineer, City of Montebello, CA.
Sid was responsible for all the City’s engineering issues and projects, including overseeing the City’s engineering staff. Also served as secretary to the Traffic Commissi on, preparing all reports and projects to the Engineering Division.
City Engineer, City of La Puente, CA.
Directed all of the City’s engineering issues and projects. Sid was responsible for the engineer’s budget and all engineering staff who were Infrastructure Engineers employees working in City Hall. In addition, developed capital improvement programs, approved designs, and implemented projects.
Director of Public Works and City Engineer, City of Diamond Bar, CA.
Upon the City’s incorporation, Sid was hired to set up the Public Works Department, with responsibility for direction and supervision of all public works functions. While with the City of Diamond Bar, Sid interfaced with official offices such as City Council, City Commissions, City Manager’s office, and other city departments and staff. Additional agency coordination included working with Caltrans, Los Angeles County agencies, Air Quality Management District, Walnut Unified School District, and community citizens and businesses.
971Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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Masoud Sepahi, MSCE, PE, LEED GA
Project Manager
Relevant Experience
City Engineer, City of Placentia, CA.
As the City Engineer for the City of Placentia, Masoud’s responsibilities included management and processing of all public works encroachment permits in addition to all other City engineering and management functions.
Masoud was responsible for plan check, de sign review, and inspections associated with private developments throughout the city. His other responsibilities included managing the in -house and consultant support staff for various Public Works design and construction projects. He assisted the Director of Public Works with preparation of the Capital Improvement Program (CIP) budgets and monitored the expenditures in conformance with the Department's goals and objectives. He managed all the design and construction contracts associated with the public works CIP program to ensure delivery of projects on time and on budget. Masoud supervised and assigned work to both in-house engineering and maintenance staff in addition to the consultant staff associated with CIP and plan -checking activities. His responsib ilities also included negotiating and enforcing design and construction contracts, cooperative agreements, interacting with other cities and agencies, license agreements, lease agreements, schedules, and work plans to ensure projects were completed within expected timelines, material specifications, and budget. He reviewed change orders, evaluated budgets, costs, and technical feasibility. Conducted staff meetings with city personnel; attended meetings with other City departments, government agencies, priva te developers, contractors, and consultants to coordinate various projects and programs. Prepared schedules and budgets for various projects and assist with preparation of the CIP and grant applications. Reviewed and approved tract maps, parcel maps, lot-line adjustments and provided advice to the City Administrator, planning and City Council regarding engineering and administrative issues. Prepared Agenda Reports on various actions required by the City Council. Attended City Council, Planning Commission, Traffic Commission, and other public meetings and made presentations on various engineering and construction proposals, contracts, engineering reports, and staff recommendations. Masoud is managing the following projects:
• Kraemer Park Memorial Fountain and Plaza Renovation Project - Bid & Award Phase • Parque Del Arroyo Verde Renovation - Bid & Award phase • City of Placentia Old City Hall Renovation projects - In design • City of Placentia Public Safety Center - In construction • Civic Center EV Charging Stations - In design
• Powell Building Senior Center Improvements Project - In design • City Hall and Police Station HVAC, Solar and Roofing Improvement project - In design • TOD Crowther Sanitary Sewer Pipeline Replacement project - In Construction • Placentia Old Town Streetscape Masterplan Project - In design • City of Placentia Storm Drain Masterplan - In progress Director of Construction Management, Los Angeles Metropolitan Transportation Authority, Los Angeles, CA.
As the Director of Construction Management, Masoud was responsible for the southerly portion of the Crenshaw/LAX Transit Project. This project was an eight-and-a-half-mile light-rail line, which connects the Expo Line on Exposition Boulevard to the Metro's Green Line at the Los Angeles International Airport. This $2 Billion project consisted of 8 Stations, 8 aerial bridges over major streets and the I-405 Freeway. During his tenure with LA Metro, Masoud was responsible for management of all construction on the Southern Education:
• BS, Civil Engineering,
Loyola Marymount
University, CA
• Structural/Civil
Engineering CA State
University, Northridge,
CA
Years of Experience: 35+
972Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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segment of the project, extending from the Greenline station to the outside of City of Inglewood. His responsibilities included management of the entire construction staff, reporting to executive management on construction progress and issues in addition to interfacing with the City officials, utility agencies, contractors, and designers. Also, working for Metro, Masoud was responsible for the management of three major Advanced Utility Relocation Contracts as part of the Purple Line Corridor Project. This project extended the terminus at Wilshire/Western westward for about nine miles with seven new stations. He performed Resident Engineering for three major contracts under this $4 Billion transit project. Responsible for all of the utility relocations at three major intersections, La Brea and Fairfax in the City of Los Angeles and La Cienega at the City of Beverly Hills. Duties included management of construction and design staff, interaction with utility agencies, contractors, designers, and city officials.
The advance utility contracts paved the way for mass excavation of the subway stations. The relocation of over 150 major utility lines had to be designed and constructed within a very aggressive schedule to allow for the next phases of the pro ject to start. As the Director of Construction Manager, Masoud was responsible for delivery and relocation of major storm drains, sanitary sewer, electrical power lines, telecommunication, water, gas, and many other utilities, which had to be relocated wit hin a very aggressive schedule.
Principal, Marrs Services, Fullerton, CA.
As the principal for MARRS' facilities, and transit divisions, Masoud was responsible for managing construction management staff and multiple contracts with various public agencies. His responsibilities also included management of multiple civil engineering projects, reporting to executive management and interaction with clients. His other responsibilities included development and implementation of marketing strategies, preparation of staffing plans, preparation and analysis of company budgets and finances in addition to interaction with existing and potential new clients. Some of the major projects under his management included: LAX/Crenshaw Transit Corridor, Advanced Utility Studies, LAWA Water Systems modeling, LAX 2nd Level Roadway and Deck Repair, Metro On-call bus Facility construction management, Cesar Chavez Roundabout Project, LAX South Runway Improvements in addition to many other infrastructure improvement projects.
Program Director, GKK Works, Irvine, CA.
As the program director, Masoud was responsible for GKK's Construction Management for various public works facility projects. Some of these projects included: Police Administration Building, San Bernardino International Airport Facility Improvements Program, Third party review for all new developments for the Inland Valley Development Agency (IVDA.), runway drainage studies, conceptual design and modifications for terminal buildings, facility and site assessment, demolition o f buildings and facilities at the airport, master planning, and third-party reviewer for construction of large warehouses for the IVDA. On behalf of IVDA, he also worked with private developers for development of large cargo storage and distribution centers near the airport.
Design Manager & Practice Leader, Kellogg Brown & Root.
As the KBR's Construction/Design manager for the West- coast region, he was responsible for KBR's projects in the Southern California Region. His duties included contract negotiations with clients and sub- consultants, managing and administering projects in addition to managing engineering staff and sub - consultants. As the design manager for the Airside Improvement Program (AIP) at Bush Intercontinental Airport, he was responsible for the management and supervision of the design staff and up to 100 sub - consultants. His responsibilities also included management of multiple design contracts to ensure compliance with the project budget and schedule in addition to the Client's guidelines a nd regulations.
Provided routine project status reporting on the work performance and productivity of designers and their subconsultants. He also reviewed and approved designer's invoice for compliance with provisions in the 973Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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Contract including minority participation requirements. He managed the design and construction of many projects, under the AIP program, some of which include:
• Will Clayton Parkway/Lee Road Improvements - Managed the design for roadway improvements at Lee Road and Will Roadway intersection to improve the flow of traffic and access to the airport.
This project also included installation of over a mile of sanitary sewer line using micro -tunneling technique in support of the new air cargo facility.
• Federal Inspection Services Facility - Managed the remodeling of existing airport- owned facilities to provide interim facility for Federal employees during their move into their new facility being built by the Airport. The temporary facilities had to be modified to accommodate USDA and US Custom S ervices for their special needs. The project also includes extension of roadways to provide public access into the FIS cargo facility.
• USDA Inspection Facility - Managed the planning and design effort by subconsultants for development of a treatment facility in support of a new cargo facility for USDA's use to comply with Federal and State regulations regarding treatment of airfreight and cargo coming into US from foreign countries. This facility included a large pre-engineered metal building with build-out offices and treatment chambers, vacuum chamber rooms, steam wash and chemical wash bays, a Methyl Bromide Recovery System for the reduction of methyl bromide emissions and a security fence with control gates.
• Terminal NB Utility Distribution Upgrades, Phase I and II - As the senior construction manager, managed the construction for upgrading the entire mechanical systems for terminals A and B, replacement of architectural finishes, relocation and inventory of the existing telecommunication system, upgrade of the Inter -Terminal Train Tunnel and associated hazardous materials abatement. Also managed the phase II of the construction for upgrading the mechanical systems for both Terminals A and Bin addition to architectural upgrade, asbestos abatement, upgrade of telecommunication systems, ADA upgrades and utilities.
• New Cargo Area Infrastructure - Managed the design effort by subconsultants for site development options and sizing for development of cargo apron site to accommodate twenty wide-body aircraft and b uilding pads for third -party air cargo developers. This work included development of conceptual and final engineering design for taxiways, aprons, utilities, environmental stations, fueling system, airfield lighting, signage and marking, drainage structures, site grading and fill placement, AOA fencing, mower strips, service roads, electrical and telecommunication duct banks, jet-blast fencing and landscaping. • Runway 8L -26R Landfill & Sand Pits Remediation - Managed the design and construction for removal of an existing landfill project in support of a new runway at George Bush Intercontinental Airport. The project included remediation of an existing municipal landfill by removing 500,000 CY of waste and backfilling with fill material to support the new runway. • Firing Range Remediation - Managed the design and construction for remediation and removal of the existing police firing range in support of a new runway project. The work includes screening and recycling of lead bullet fragments, stabilization treatment and disposal of the hazardous soil, excavation and disposal of impacted soil and demolition of the firing range building.
Project/Construction Manager, City of Los Angeles, CA.
As a City of Los Angeles Engineering staff, I work on many infrastructure programs and projects. Some of which include the Police Bond Program, Los Angeles Convention Center Expansion, Tom Bradley Terminal at LAX and many other small to large municipal facility construction and renovations. I worked at the 974Exhibit 11
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Departments of Public Works and Building and Safety, where I was in responsible for plan check activities for Public Works improvements in addition to residential and commercial buildings. I was responsible for reviewing and evaluating the work of professional and technical emplo yees engaged in the preparation of designs, plans, specifications, estimates, environmental studies, budgeting, scheduling and reports on major engineering projects. I supervised and directed engineering staff and activities in connection with design, construction, maintenance, inspection, and operation of a wide variety of engineering projects.
As part of the Earthquake Recovery Division, I managed the recovery and renovation of buildings after the Northridge earthquake in the San Fernando Valley. Some of the design and construction project that I managed include:
• City of Los Angeles, Department of Public Works & Building and Safety - As an Associate Civil/structural engineer, Masoud performed plan check review for Public Improvement projects from submittal to issuance of permits. Supervised the public counter staff in addition to development and implementation of the One -Stop-Plan- Check program at the public information counter.
• City of Los Angeles, Geotechnical Engineering Section - Performed engineering investigations and prepared technical reports for the public buildings, water treatment plants, bridges, wastewater treatment plants at the Hyperion plant, retaining structures, tunnels, certified structural fills, hillside grading, percolation and infiltration studies, etc.
Duties included review and approval of private soil and environmental reports, monitoring of fill, pile, caisson and shoring placement. He also provided on -site recommendations regarding geotechnical and environmental problems; performed site assessment for soil and groundwater contamination; supervised soil sampling, laboratory testing and produced compliance reports for local and state agencies. Provided supervision for drilling operations, as well as underground tank removal and cleanup of contaminated soil and ground water. • Los Angeles Convention Center Expansion Project - As part of the management team for construction of the $300 million Los Angeles Convention Center Expansion Project, Masoud performed various construction managemen t duties for the City of Los Angles. Duties included preparation and negotiation of change orders and construction claims. Performed civil engineering designs and calculations to address unforeseen field conditions and discrepancies; prepared project statu s reports on completed work; monitored and coordinated construction activities with municipal agencies responsible for water, power, sewer, storm drains and traffic. In addition, as the hazardous waste coordinator for the Special Projects Division, supervised removal of 35 abandoned, underground tanks during grading and excavation work for the Expansion Project.
• Earthquake Recovery Program - I managed preparation and implementation of multiple public and private demolition projects, in addition to removal of earthquake related debris.
I managed and supervised up to 55 EREP participants and debris removal private contractors, working up to 10 construction contracts at one time. As the Hazardous Waste Coordinator for the ERD program, he developed and supervised the cleanup and removal of all hazardous waste found during the removal of earthquake debris for the Valley District. • Tom Bradley International Terminal Facility Renovation - Masoud was responsible for development of the original conceptual study and consultant selection for the expansion of the Tom Bradley International Terminal at LAX. The work included upgrading the VIP Lounges for Airlines, Baggage handling area, U.S. Customs, ticketing, and a new bus ramp.
975Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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Miguel Alvarez, PE
Construction Manager
Miguel Alvarez has over 20 years of Construction Management and Resident Engineer experience. During these years, he has held management positions in which he has been responsible for budgets, staff management, equipment, public works projects, design and construction, and quality control. Miguel served the City of Lawndale as Acting Director of Public Works/City Engineer from April 2018 to September 2018, and Associate Engineer, from November 2010 to April 2018.
Relevant Experience
SB1 Arterial Street and Various Residential Streets Improvement Projects, City of Bell Gardens, CA.
As Construction Manager, Miguel managed day -to-day field operations to ensure the correctness of the project records, contractor’s monthly payments, issue and administer Contract Change Orders (CCO), negotiate and resolve potential claims, monitor the proj ect schedule, and ensure that the design intent of the project is met, conduct safety inspection of the project and hold safety tailgate meetings.
Paving the Way Phase II Street Improvements Project, City of Montebello, CA.
Miguel served as construction manager for this unique street improvement project involving a revolutionary street asphalt rejuvenation treatment process. He m anaged all aspects of the day -to-day field operations. Assigned and maintained proper number of the most qualified public works inspectors required in the field to ensure the method of construction was followed by the contractor as called out in the plans and specifications. Other duties and responsibilities included, but were not limited to, responded to requests for information (RFI), coordinate d the receipt of materials submittals from the contractor with the design engineer, review ed daily and weekly statement of working days inspection reports, reviewed progress payments, reviewed and negotiated change orders, constantly reviewed the construction schedule, and informed city staff of project updates.
Firmona Avenue Street Improvement and Storm Drain Project, City of Lawndale, CA.
Miguel served as Resident Engineer/Construction Manager for this street improvement project to improve safety for those who walk, bike, and drive in the neighborhood. Scope of work included removal and replacement of sidewalks, curbs and gutters, street trees, regulatory signs, curb ramps, striping, and new pavement, which in cluded manhole and valve adjusting. Miguel also served as Resident Engineer/Construction Manager during the installation of approximately 1,700 linear feet of new reinforced concrete pipe (RCP), nine catch basins, and manholes on Firmona Avenue between Manhattan Beach Boulevard and 162nd Street.
Associate Engineer, City of Lynwood, CA.
Miguel assisted in the design of engineering plans, specifications and estimates for public works projects; designed, managed, administered, and inspected the citywide strip ing CIP project; planned, designed, managed and inspected the citywide in-pavement lighted crosswalk project; managed, administered and inspected various water and street CIP projects; coordinated contractor bidding and selection process for CIP projects; and prepared design drawings for grading, water, street, sewer, and curb/gutter improvements.
Education:
• BS, Civil Engineering,
California State
University, Long Beach
Registrations/Certifications:
• Registered Civil Engineer,
CA, No. 79638
Years of Experience: 20+
976Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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Attif Haffar, EIT
Construction Superintendent
30 years of diversified experience in the field of Construction Inspection, Construction Management, Civil Engineering, Water Resources, and Transportation. Attif has worked in the civil design of solar and wind farm projects, master planning for drainage facilities, storm drain, regional detention basins, hydrology and hydraulic analysis and water -quality studies, by utilizing LA Metro, Port of Long Beach, and OCTA, Metro link, RCTC, SBCTA, SANDAG and local municipalities. Attif has designed urban highways and streets using Caltrans Standard and Specifications. He has also performed construction management by establishing the Project Execution Plan, Health and Safety Plan, Quality Assurance/Quality Control Plan, and construction phase coordination, as well as overseeing the design and resolving various issues.
Relevant Experience
Construction/ Design Engineer Manager –Structural Design Plus, INC. Sherman Oaks, CA.
Attif was involved in planning the entire project and documenting all the jobs that must be completed. He managed staff and the expenses of the project efficiently throughout the process to ensure that adjustments for unexpected issues were resolved. He inspected pavement by utilizing the City o f Hollywood specifications for Slurry Seal and Placement of the Asphaltic Concrete. He designed and layout of dry utilities (Fiber-optic, Gas, Electric) Sewer, box culvert, storm drain, spillway, detention basin, water quality basin, and WQMP, SWPPP, BMP r eports for commercial and industrial projects. Utilized Caltrans Standards and Specifications to oversee the inspection, of the Lamp bridge and related structures. Worked in conjunction with construction managers, local officials, and other parties to ensure the project met all safety standards while also accommodating deadlines, budget guidelines, and other considerations.
Project Experience:
• Clark shopping Center, West Hollywood, .60-acre, construction of 2 story commercial building and parking lot.
o Inspection of all civil work such as grading, horizontal and vertical alignment, utilities, pavement, concrete, erosion control, landscaping, and traffic control. o Inspection of all material and building construction, such as wood type, block wall, interior and exterior wall, restroom, foundation, roofing, windows, doors, pluming, mechanical and electrical work.
• LEMP Avenue and concrete bridge, Studio City 1.3 miles Fiber Optic lay out and underground wet and dry utility, design Storm drain and sizing catch basin by using Rational method and Caltrans standard and Micro station.
• Romaine Street Improvement Plan, West Hollywood, 5390 LF underground wet and dry utility, curb, gutter, drainage catch basin, and flexible pavement. • Miller Drive Improvement Plan, Hollywood, 3360 LF underground wet and dry utility, curb, gutter, and flexible pavement.
Construction Project Engineer – Chapman Construction, Corona, CA.
Inspected and reviewed projects to monitor compliance with Standard Specification s, safety codes, and other regulations. Scheduled events, programs, and activities, as well as the work of others. Used logic and reasoning to identify the strengths and weaknesses of alternative solutions. Considered the relative costs and benefits of potential actions to choose the most appropriate one.
Education:
• BS, Civil Engineering,
University of Texas at
Arlington
Registrations/Certifications:
• Engineer-in-Training (EIT),
CA #XE080535
Years of Experience: 30+
977Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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Project Experience:
• El Cerrito Street Widening Project. 7500 LF of new curbs, gutters, catch basins storm drain, water, sewer, and underground utilities.
Water Resources/ Transportation Senior Engineer – URS Corp., Los Angeles CA.
Preliminary and final hydrology reports, using unit hydrograph and routing method. Preparing WQMP and SWPPP reports for Soda Mountain Solar Project (350 -megawatt solar electric power generating facility) 29000 acres.
• North Spring Bridge over LA River, providing water surface elevations for the proposed and falsework condition for LA River.
• South Wilmington Grade Separation (access roads and approaches to the viaduct) Port of LA.
Performed drainage and WQMP report, storm drain, sewer, water, and SWPPP plan according to Caltrans Standard and Specifications.
• SR-47 Truck Expressway Study, the project was jointly developed by the Alameda Corridor -East Construction Authority and Caltrans to replace the Schuyler Heim Lift Bridge with an elevated expressway to link Terminal Island with Alameda Street. Using Caltrans Standard and Specifications Attif was responsible for the storm drain, water pollution control plan, hydraulics analysis for Cerritos Channel, and PS&E.
Project Engineer – K & A Engineering, Corona, CA.
Design, Plan checks and Construction Management for Water (mainline, Pump station), Sewer, box culvert, storm drain, spillway, detention basin, water quality basin, and WQMP, SWPPP, BMP reports for residential, commercial, and industrial projects. Preliminary and final hydrology reports using rational, unit hydrograph and routing method. Provide quality control and quality assurance so that the project is constructed in accordance with approved plans, specifications, budget, and s chedule according to Caltrans Standard.
Project Experience:
• Eagle Glen, Corona, 360 residential lots and the design of Skyline open channel • Aqua Dulce, Los Angeles, 68 residential lots situated in the steep hillside. • Audie Murphy, Canyon Lake, 2800 residential lots, (2) School sites. • Boulder Springs, Riverside, 1900 residential lots, 15 acres commercial, and school site developments.
Project Construction Engineer – CM Engineering, San Bernardino, CA.
Worked with the key project and construction contractor individuals to monitor action plans to rectify potential construction cost overruns or delays and accommodate significant changes to the scope of work.
Advised the client and other team members of any such changes. Attif’s responsibilities were to coordinate with the Contracts Management and Project Controls Groups and any client subcontractors to maintain current and timely change orders according to Caltrans Standard and Specifications. Participated in negotiations with regulatory agencies and public meetings in support of clients’ interests. Identified the needs for specialist resources to create project teams capable of completing effective, quality work.
Discussed the qualifications required of th e key project positions in specific detail with the senior managers. Collaborated with the office facilities staff to address project space requirements.
Project Experience:
• Carlsberg, Concordia, Kaufman, and board single and multi-family homes. • Yucaipa Crafton Hill Park Plaza (273 Acre Commercial). 978Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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• State Highway 138 (3 miles), District 8 San Bernardino.
Project Construction Engineer – Harris and Associates, Los Alamitos, CA.
Utilizing Caltrans Standard and Specifications, Attif oversaw:
1. Daily personal interactions with clients, designers, owners, contractors, inspectors, and authorities having jurisdiction on the project.
2. Promotes technical and commercial excellence on the project through the application of Quality Assurance processes. Monito rs and reports on the progress of all project activity including significant milestones, and any conditions, which would affect project cost or schedule.
Establishes weekly meetings to review project status and formulate action items.
Project Experience:
• City of Hermosa Beach Master Plan Sewer Rehabilitation (Slip-lining/ Reconstruction). • Jackson Street Improvement, Orange County, CA.
Associates Construction Engineer – Texas State Highway Department, Snyder, TX.
1. Highway design, plan, profile, drainage facility, pavement, striping, and details.
2. Monitor contractor’s work and progress of construction to ensure compliance with plans, specifications for bridges, infrastructure, and highway construction.
3. Measure and record pay quantities prepare daily reports.
4. Issue Notices of Non-compliance and stop-work orders. Confer with the contractor, designer, owner, and/or governing authorities to explain the basis for the issuance of the above- referenced notices and to discuss acceptable corrective actions.
5. Material testing, measure, and record pay quantities.
Project Experience:
• State Highway 208 (8 miles) Farmer Road 1229 (10 miles), Mitchell, CO. • Farmer Road 1231 (17 miles), County Road 715 (16 miles), Scurry CO. • State Highway 309 (22 miles) County Road 819 (16 miles), Mitchell, CO.
979Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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Imad Zureiqat, MS, EIT
Construction Inspector
Imad Zureiqat has more than 40 years of experience in construction inspection and resident engineer tasks. He has been responsible for preparation of plans, cross -sections, details, and specifications for various civil and landscape projects. Imad has coor dinated with other engineering disciplines, responded to plan check comments, and prepared material, take-off, and cost estimates.
Construction Inspector, Maine Avenue Improvement Project, CM & Inspection Services, Phase I, City of Baldwin Park, CA.
Provided construction inspection of this project. The purpose of the project was to create neighborhood -friendly pedestrian and bicycle linkages serving the areas surrounding Maine Avenue. The sidewalks were widened by 2 feet, continuously on each side of the roadway; parking lanes have curb extensions at intersections and intermittent locations. Utilities were placed underground, and the driveway ramps were reconstructed to provide flat sidewalk paths across driveways.
Lighting was improved and include d pedestrian-scale lighting every 75 feet. Intersections were improved with new crosswalk markings, signal improvements, ADA Ramps, and a roundabout at Main Avenue/Olive Street with safety islands for pedestrians and bicyclists.
Construction Inspector, Long Beach Boulevard, City of Lynwood, CA.
Provided compliance with plans, specifications, and the contract; oversaw traffic control, and provided daily log and inspection report entries, including pictures of the project. Reviewed and reported contractor claims, prepared weekly update reports, and reviewed contractor's invoices, verified completed work, and approved all quantities. Infrastructure Engineers provided construction management, inspection, and labor compliance that included roadway resurfacing of 192,779 square feet with a section of 2-inch AC top course and 1-inch AC leveling course and 40,000 square feet with a section of 2-inch of asphalt rubber hot mix (ARHM) over ½-inch SAMI sealant and 1-inch leveling course. Concrete improvements included 4-inch sidewalk, driveway approaches, cross gutters, curb and gutter, curb ramps, installation of 16 detectable warning surfaces on existing curb ramps, and construction of six new bus pads.
Construction Inspector, CM & Inspection Services for Pacific Pedestrian & Transportation Improvement Project, City of Huntington Park, CA.
Provided construction inspection, preparation of daily reports, review of change orders and progress payment requests, coordinated soils testing service and assisted with labor compliance.
Construction Inspector, Mines Avenue Street Improvements, City of Montebello, CA.
Construction management and inspection services included construction inspection, preparation of daily reports, review of change orders and progress payment requests, and coordinating soils testing services.
The project involved roadway improvements, and pavement rehabilitation with concrete improvements of Frankel Avenue from Bluff Road to 5th Street and 16th Street from Madison Avenue to Harding Avenue.
Construction Inspector, Home 2 Suites - Building and Public Works Inspection, City of Montebello, CA.
Provided construction inspection for this 203-room, eight-story hotel. The hotel will be owned by the City and operated by Hilton. The hotel is expected to generate more than $1 million to the city’s general fund each year.
Education:
• MS, Engineering, Moscow
Civil Engineering Institute
Registrations/Certifications:
• Engineer-in-Training, CA
• Special Inspector
Certificates: Structural
Masonry, Reinforced
Concrete, Prestressed
Concrete
• ACI Field Technician Grade
1 Certificate
• General Building
Contractor License (B)
• Division of the State
Architect (DSA)
Regulations & Procedures
(Part I, II, III)
Years of Experience: 40+
980Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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Construction Inspector, City Sanitary Sewer System 20% CCTV Project (PM, CM , and Inspection Services), City of Montebello, CA.
Responsible for inspection of this project, including preparation of daily reports, review of change orders and progress payment requests. The project involved televising and rating of the condition of 20% of the City’s sanitary sewer system, including possible as-needed cleaning and draining.
Construction Inspector, Bluff Road Street Improvement, City of Montebello, CA.
Infrastructure Engineers was retained by the City to provide design, project management, bidding, award of contract, construction management and inspection of the Bluff Road Street Improvement project from Sycamore Street to Date Street (.45 mile).
Construction Inspector, Maple Ave Street Improvements from Washington Blvd. to Mines Ave., City of Montebello, CA.
Provided construction inspection of this roadway improvement project. Infrastructure Engineers prepared plans, specifications and estimates for roadway improvements, pavement rehabilitation, concrete improvements, ADA improvements and utility adjustments of Maple Avenue from Washington Boulevard to Mines Avenue. The pavement analysis and alternate rehabilitation strategies included budget analysis to complete as much of the street improvements within the fixed project budget.
Construction Inspector, Bicknell Park Pump Station Project, City of Montebello, CA.
Infrastructure Engineers provid ed project management, bidding, award of contract, construction management and inspection for the construction phase of Bicknell Park pump station. Responsible for construction inspection, preparation of daily reports, review of change orders and progress paym ent requests.
Construction Inspector, Citywide Safety Enhancement - ATP, City of Bell Gardens, CA.
Responsible for inspection of this project, including preparation of daily reports, review of change orders and progress payment requests. The project area was comprised of the entire City of Bell Gardens. One of the goals of this project was to create a bike-friendly environment; to encourage residents, especially students, to bike to their destinations. The proposed work at various locations include d installing video cameras at several intersections, installing Americans with Disabilities Act (ADA) -compliant ramps, countdown pedestrian heads, and bike lane signing and striping on some City streets that met minimum qualification for a bike lane.
Engineering Technician, Golden State Water Company, Carson, CA.
Prepared fire flow requests, invoices, plan checks, meter service record cards and filing.
Site Engineer, West Valley Investment Group, Tarzana, CA.
Supervised construction and safety in seismic retrofit project in Santa Monica Parking Structure 5.
Monitored excavations, poured concrete for foundations of piers at UCLA tower cooling building.
Engineer Coordinator, Minco Construction, Harbor City, CA.
Followed up construction and safety project at Compton C ollege Stadium Renovation; coordinated and managed subcontractors; conducted weekly construction meetings; prepared RFI, PCO, payment progress, purchase orders, as-built drawings, and take-off.
Engineering Technician/Drafter, Penco Engineering, Irvine, CA.
Prepared plans, cross -sections, details, and specifications for various civil and landscape projects.
Coordinated with other engineering disciplines, responded to plan check comments. Prepared material, take-off, and cost estimates.
981Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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Nathan Kirby
Administrative Assistant/Labor Compliance
Most of Nathan Kirby’s career has been spent in service to municipalities in Los Angeles County. He has held positions of responsibility for administrative duties related to public works projects, construction, and quality control.
Relevant Experience
Project Assistant, Complete Street Improvements on Maine Avenue Project, City of Baldwin Park, CA.
Nathan served as project assistant on this project, for which the scope of work included removal and replacement of sidewalks, curbs and gutters, driveway approaches, catch basins, and manholes, rain garden, landscape, and new pavement, including manhole adjusting and streetlight system. Responsible for preparations and/or organization of all construction documents including Contract Change Orders, Meeting Agendas, Progress Payments, Proj ect Budgets, RFI’s, rights -of-way maps, Daily Reports and Weekly Statements.
Project Assistant, Garfield Avenue Improvements Project, City of Bell Gardens, CA.
Nathan served as project assistant for the removal and replacement of sidewalk, curb and gutter, traffic loops, regulatory signs, curb ramps, and new pavement, which included manhole and valve adjusting.
Responsible for preparations and/or organization of all construction documents including Contract Change Orders, meeting agendas, progress pa yments, project budgets, RFIs, rights -of-way maps, daily reports and weekly statements.
Project Assistant, ATP Cycle 2 Uncontrolled Crosswalk Pedestrian Safety Enhancements Improvements Project, City of Huntington Park, CA.
Nathan served as project assistant. Scope of work included removal and replacement of traffic signal systems, vehicle and pedestrian heads, cabinets, controllers, pedestrian push buttons, curb and gutter, curb ramps, flashing beacon, HAWK signal, street name signs, traffic striping and t ree removal.
Responsible for preparations and/or organization of all construction documents including Contract Change Orders, meeting agendas, progress payments, project budgets, RFIs, rights -of-way maps, daily reports and weekly statements.
Project Assistant, Water Main Replacement Project, City of Huntington Park, CA.
Nathan served as project assistant on this project that included removal and replacement of concrete sidewalk, curb and gutter, driveway approaches, curb ramps, 8 -inch and 10-inch water main line, water meters, water service lines, tree pruning, and new pavement as well as manhole and valve adjusting.
Responsible for preparations and organization of all construction documents including Contract Change Orders, meeting agendas, progress payments, project budgets, RFIs, rights-of-way maps, daily reports and weekly statements.
Assistant Project Manager, Prefabricated Restroom at ABC Field, City of Bell Gardens, CA.
Served as Assistant Project Manager. Scope of work included grading, removal and re placement of sidewalk, curb, and curb ramp, electrical, sewer, and water utility installation, and installation of a prefabricated restroom. Responsible for preparation, organization, and tracking of all construction documents including but not limited to Meeting Agendas, RFI’s, Material Submittals, Right of Way Maps, Contract Change Orders, Progress Payments, Project Budgets, Daily Reports and Weekly Statements.
Education:
• Business Administration,
Cypress College, Cypress
CA
• Construction
Management, Ashworth
College, Norcross, GA
Years of Experience: 5+
982Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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5. Aquatic Experience – References
Aquatic Center, City of Maywood, CA.
This was one of the most successful projects in the history of Maywood. Maywood Park is located on 58th Street and Heliotrope Avenue and had its beginnings in the 1930's when the present -day baseball field was a large meadow. In the early 1950's Maywood Park became the home of t he Golden State Baseball Association. The 1980’s saw major changes for the park as a swimming pool and tennis courts were constructed. This was a dilapidated pool within the City. Infrastructure Engineers provided Construction Management and Inspection on this project.
Contact information:
Jerry Gomez, Public Works Superintendent
4319 E Slauson Ave
Maywood, CA 90270
Phone: (323) 562-5755
Email: [email protected]
Aquatic Center, City of Huntington Park, CA.
IE secured a design build contract for the Huntington Park Aquatic Center. The Center is being constructed at Salt Lake Park. Located at 3401 E. Florence Avenue. The Aquatic C enter structure is currently approximately 50% complete. Grading operations are suspended due to unforeseen conditions.
Contact information:
Cesar Roldan, Public Works Director
6550 Miles Avenue
Huntington Park, CA 90255
Phone: (323) 584-6274
Email: [email protected]
Vista Hermosa Sports Park, City of San Clemente, CA.
Courtney’s Sandcastle is an award-winning universal playground, which is part of the Vista Hermosa Sport Park in San Clemente, California. It serves children of all abilities, and is especially designed for children with physical, mental, and sensory disab ilities. IE obtained the design contract for this project. This playground is named for Courtney Faye Smith, confined to a wheelchair by a rare muscular degenerative disease – Spinal Muscular Atrophy. When Courtney and her friends visit local parks together, Courtney is unable to participate because her disabilities don’t allow her to access all the play equipment, as are some 18,000 children in Orange County with disabilities. Play is not simply a desire for children – it is an absolute necessity for devel oping language, motor and social skills; interdependency; taking turns and meeting challenges; instilling a sense of self- determination and self -esteem; enhancing cerebral/motor development and learning to respect and accept diversity through play.
Contact information:
910 Calle Negocio
San Clemente, CA, 92673
Phone: (949) 361-6119
Email: [email protected]
983Exhibit 11
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Riverfront Park, City of Maywood, CA.
Maywood Riverfront Park opened in May of 2008, with access at 60th Street & Waker Avenue. It is located on the Los Angeles River and was part of the Los Angeles River Greenway Project planned along the entire mile LA River. The park includes a state-of-the-art playground for young children, basketball courts, and a riverfront bicycle path.
Contact information:
Jerry Gomez, Public Works Superintendent
4319 E Slauson Ave
Maywood, CA 90270
Phone: (323) 562-5755
Email: [email protected]
Bellflower Park, City of Adelanto, CA.
IE designed a new park on a vacant parcel in Adelanto. The park encompasses a water feature, playground, picnic areas with seating, open space, restrooms. The design is complete with IE staff assisting the City to obtain project funding.
Contact information:
Jesse Flores, City Manager
11640 Air Expressway
Adelanto, CA 92301
Phone: (760) 246-2300
Email: [email protected]
984Exhibit 11
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6. Other Experience – Firm References
Home 2 Suites, City of Montebello, CA.
Members of the Infrastructure Engineers’ team
provided construction management and inspection
of this 137,000 square foot, eight story, 203 room
hotel which was built on a former maintenance yard
adjacent to a championship golf course. This project
was completed in 2019.
Contact information:
James Enriquez, Director of Public Works
1600 W. Beverly Blvd.
Montebello, CA 90640
Phone: (323) 887-1460
Email: [email protected]
Susan Rubio Zocalo Park and Civic Center, City of
Baldwin Park, CA.
Infrastructure team members provided
construction management and inspection for this project. This transformative project included construction of a new retail building, a new Pavilion with seating and gathering space, grading and relandscaping of approximately 2.75 acres of land in front of City Hall, removal of street right -of-way, removal and replacement of sidewalk, curb and gutter, accessible ramps, removal and replacement of asphalt concrete, installation of bike lanes, pedestrian crossing signal, and striping. This project is currently in construction.
Contact information:
Sam Gutierrez, Director of Public Works
14403 Pacific Avenue
Baldwin Park, CA 91706
Phone: (626) 813-5255, Ext. 460
Email: [email protected]
Federally Funded Cycle II ATPL-5150(012) Uncontrolled Crosswalk and Pedestrian Safety Enhancement Project, City of Huntington Park, CA.
The Infrastructure Engineers’ team provided construction management, inspection, an d labor compliance. Work included but not limited to the removal of existing improvements and construction of bulb outs, removal and installation of signage, installation of a High-intensity Activated crossWalK (HAWK) signal system, Installation of Type 332 cabinets, Type 170 ATC/HC controllers, LACO-4E program complete with Battery Back Up Systems, new street lights, upgrading of curb ramps, pavement marking and striping, removal and reconstruction of asphalt pavement sections, PCC curb and gutter, PCC sidewalk, driveway, PCC pavement and bus pads, and removal and installation of new pedestrian heads with countdowns. This project was completed in 2021.
Contact information:
985Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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Cesar Roldan, Public Works Director
6550 Miles Avenue
Huntington Park, CA 90255
Phone: 323-584-6274
Email: [email protected]
HSIP Cycle 8 – Various Intersection Improvements, City of Bell Gardens, CA.
As part of Caltrans’ Highway Safety Improvement Program (HSIP) to reduce injuries and fatalities on roads and highways throughout California, the Infrastructure Engineers’ team provided construction management and inspection services for the modification of existing signal systems throughout Bell Gardens - including installation of conduits, pull boxes, new signal heads, sensor units, reprograming of signal controller, traffic striping, markings, and traffic control; hauling and disposal; and all appurtenant equipment and work. Contract administration included preparatio n of staff reports, Notice to Proceed issuance, and recommendations for change orders and progress payments. As well, the team prepared daily reports, reviewed change orders and progress payment requests, and coordinated soils testing. This project was completed in 2021.
Contact information:
Grissel Chavez, Director of Public Works
8327 Garfield Avenue
Bell Gardens, CA 90201
Phone: (562) 806-7770
Email: [email protected]
ATP Cycle III- Pacific Avenue/Maine Avenue from Ardila Avenue to Los Angeles Street, City of Baldwin Park, CA.
Infrastructure Engineers provided final PS&E for the City to advertise the project for construction after the completion of the Preliminary Design Phase. We provided project management and administration including preparation of design documents, developing the project schedule, processing, and obtaining California Transportation Commission (CTC) allocation and construction authorization. Infrastructure Engineers also provided a Project Report and Environmental Analysis that summarized the alternative analysis and engineering studies as well as conducting an environmental review and coordinate with the City and the California Department of Transportation (Caltrans) as to the requirements of the California Environmental Quality Act (CEQA). We then provided bid support during the bidding and award period to City staff by responding to RFIs, preparation addendum and other technical assistance. This project was completed in 2020.
Contact information:
Sam Gutierrez, Director of Public Works
14403 Pacific Avenue
Baldwin Park, CA 91706
Phone: (626) 813-5255, Ext. 460
Email: [email protected]
986Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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Montebello Boulevard Widening, Bike Lane and Sidewalk Improvement Project, City of Montebello, CA. “2021 American Public Works Association (APWA) Project of the Year” award winner.
Members of the Infrastructure Engineers’ team provided construction management and inspection services on this project to widen Montebello Boulevard to accommodate a new class II bike lane on the easterly side of the Boulevard. Activities included the excavation of approximate 8,000 CY of dirt to make room for the widening required; construction of 5 -Ft. high retaining wall; installation of a raised PCC medians with decorative percolation system and landscaping; traffic signals upgrades; construction of a reclaimed water line from Lincoln Avenue to Jefferson Avenue; relocation of water lines, gas lines and streetlights; grind and overlay of approximately 500,000 SF ground and 10,000 tons of AC; new thermoplastic striping; coordination with Fish and Wild Life to protect nesting of birds due to the potential impact of the roadway widening adjacent to a natural reserve along Montebello Blvd; coordination was also necessary with SCE for the removal and reinstallation of streetlights. Our team prepared daily reports, reviewed change orders and progress payment requests, and coordinated the required soils testing services. This project was completed in 2020.
Contact information:
James Enriquez, Director of Public Works
1600 W. Beverly Blvd.
Montebello, CA 90640
Phone: (323) 887-1460
Email: [email protected]
Eastern Avenue and Florence Intersection Improvements, City of Bell Gardens, CA.
Infrastructure Engineers provided design and PS&E for the addition of a second westbound left-turn lane, a westbound right turn lane, and traffic signal modifications for the improvement of this intersection. The scope of work also included and environmental study, right -of-way enginee ring, survey, geotechnical investigation, project and construction management, fund administration and labor compliance. 987Exhibit 11
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While providing engineering design services to the City, our team noticed chronic congestion at the intersection of Eastern Avenue and Florence Avenue. Motorists were bypassing the area by traveling through neighborhoods to avoid the delay and merchants along the commercial district were experiencing loss of business as a result. Infrastructure Engineers secured funding in the amount of $2.1M from MTA in addition to $1.2M in funds from the I -710 Early Action Technical Advisory Committee. The awarded funds paid for all design and soft costs, construction, and construction management for the project - costing the City of Bell Gardens ZERO money. This project was completed in 2018.
The following list provides just a few of the many traffic engineering projects we have completed for the City over the years:
• Grant Application for HSIP Cycle 8 Projects 2016
• Left-Turn Warrant Analysis at Florence Avenue and Scout Street • Traffic Safety Study on Priory Street, between Eastern Avenue and Jaboneria Avenue • Spect Avenue Traffic Calming Study
• Florence Avenue and Scout Street HSIP Application for Left-Turn Phasing • Clara Street Traffic Calming Study
Contact information:
Grissel Chavez, Director of Public Works
8327 Garfield Avenue
Bell Gardens, CA 90201
Phone: (562) 806-7770
Email: [email protected]
Paving the Way, City of Montebello, CA.
The City of Montebello obtained a bond to improve over 100 residential streets five major transit route streets and six main arterial streets over the course of five years. Infrastructure Engineers provided planning support, project management, design plans, specifications, and estimates, construction management and inspection services for all “Paving the Way” projects. The “Paving the Way” program was the City’s largest single citywide pavement enhancement endeavor in its history and we at Infrastructure Engineers are very proud to be part of the City’s success. This project was completed in 2022.
Contact information:
James Enriquez, Director of Public Works
1600 W. Beverly Blvd.
Montebello, CA 90640
Phone: (323) 887-1460
Email: [email protected]
988Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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Long Beach Blvd. Improvement Projects, City of Lywnood, CA. “2020 American Public Works Association (APWA) Project of the Year” award winner.
The Infrastructure Engineers’ team provided construction management, inspection, and labor compliance for the resurfacing of 192,779 square feet of roadway in Lynwood, CA. Additional activities included renovating sidewalks, driveway approaches, curbs and gutters, and constructing six new bus pads.
Beautification enhancements included the removal and replacement of 23 trees, construction of landscaping in median islands with irrigation systems, and the installation of a City monu ment sign.
Additionally, existing streetlights were relocated, and traffic signals were improved at two intersections.
This project was completed in 2020.
Contact information:
Julian Lee, Public Works Director
11330 Bullis Rd,
Lynwood, CA 90262
Phone: (310) 603-0220
Email: [email protected]
Sports Complex at John Anson Ford Park, City of Bell Gardens, CA.
The Bell Gardens Sports Complex is located at the John Anson Ford Park, a major regional park facility in the City of Bell Gardens. Infrastructure Engineers was tasked with designing and managing the construction of the new sports facilities, which replaced an old park that was dilapidated and functionally outdated. Infrastructure Engineers designed the new park, which includes three synthetic turf fields, two grass fields, one baseball diamond, one softball diamond, a children’s play area, and a concession stand.
Infrastructure Engineers provided multi- disciplinary e ngineering services that included site planning, design of all structures and fields, preparation of the bid package and assisting the City with contractor selection. During the construction, Infrastructure Engineers provided construction management, claim management, inspections, fund management and labor compliance. This project was completed in 2019. 989Exhibit 11
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This project was completed 30 days ahead of schedule and within the budget. Once completed, this project was awarded Project of the Year by the American Public Works Association.
Although this project was completed 10 years ago, Infrastructure Engineers is still currently involved in updates to facilities that have been well -used over the past decade, such as replacing the original turf, replacing the 50-year-old gymnasium floor and a new lighting system for east side of Ford Park.
Contact information:
Grissel Chavez, Director of Public Works
8327 Garfield Avenue
Bell Gardens, CA 90201
Phone: (562) 806-7770
Email: [email protected]
7. Standard Agreement Acknowledgment
Infrastructure Engineers signed copy of the “Standard Agreement Acknowledgement” appears on the following page.
990Exhibit 11
991 Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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8. Schedule Control
Schedule control is an important project management tool. Schedule control relates to work accomplished and work to be accomplished. IE’s Team experience, knowledge of construction practices, experience in anticipating construction issues, coupled with the project budget will lead to a success. The key to success in a thorough knowledge of construction sequencing.
Due to current economic conditions, item lead times need to be evaluated in great d etail. Lead time for electrical equipment, HVAC equipment is running anywhere for 8 -12 weeks. One of the key tasks the IE Team will accomplish will the determination all the specified items and current lead times prior to the project going to bid.
Construction sequencing is the understanding of what construction activity. In general, as structures are constructed from the ground up. The general order of construction activities for the BG Aquatic Center is as follows:
1. Completion of Temporary Power and other utilities
2. Construction Fencing
3. Demolition of site, clearing and grubbing
4. Rough Grading
5. Fine Grading
6. Underground utilities from ROW to proposed structure
7. Underground utilities under the building slab and pool perimeter
8. Forming of structure foundations and pool, including all rebar, electrical, plumbing conduits
9. Begin construction of structure walls
10. Rough structural framing, walls, and roof
11. Rough electrical, plumbing, and HVAC
12. Rough Pool electrical, plumbing, and mechanical
13. Rough foundations for site, perimeter walls and amenities
14. Rough landscape irrigation
15. Insulation installation
16. Drywall for walls and ceilings
17. Solid flooring, tile floors and tile walls
18. Final electrical, plumbing and HVAC
19. Final Pool electrical, plumbing, and mechanical
20. Pool plastering, pool fixtures and features
21. Site improvements, perimeter wall completion
22. Final pool concrete deck
23. Final structure finishes and fixtures
24. Final Pool filling and equipment commissioning
25. Final HVAC commissioning
26. Final structure finishes, fixtures, and equipment
27. Final Site landscaping and irrigation commissioning This is the generalized critical path. The key to this is the ability of the general contractor to schedule the specific trades accordingly to move the work forward without the trades stepping on each ot her. The critical path method of scheduling identifies the construction activity that is to be completed before moving the next activity. IE will ensure the general contractor provides a schedule utilizing the critical path method (CPM). The general contractor will be responsible for the final project CPM schedule. 992Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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The use of the CPM correlates to the percentage of project completion for the general contractors monthly billing. The general contractor, utilizing the bid schedule and schedule of values will p rovide values of completed work or percentage of completed work. IE’s team will review, comment or confirm the schedule of values of the contractor prior to submitting the progress billing for payment by the City.
The IE Team, will hold weekly project team meetings to review the contractors construction progress and review what the contractor proposes for the next 3 weeks. The management tool of the three week look ahead schedule. The Project Manage and Construction Manager will provide comments and directi on as required to confirm the project is on schedule or provide direction to get the project back on schedule.
9. Manpower Allocations
It has been IE’s experience, through actual municipal projects that a project of this scope and magnitude requires full time staffing. IE proposes the following manpower allocation:
Phase 1 – Pre-Construction Phase – 4-month duration
Project Manager 16 hour per week
Construction Manager 40 hours per week
Construction Superintendent 24 hours per week
Construction Inspector 0 hours per week
Administrative Assistant 20 hour per week
Phase 2 – Construction Phase – 21-month duration
Project Manager 16 hours per week
Construction Manager 40 hours per week
Construction Superintendent 40 hours per week
Construction Inspector 40 hours per week
Administrative Assistant 20 hours per week
Phase 3 – Post Construction Phase – 3-month duration
Project Manager 16 hours per week
Construction Manager 40 hours per week
Construction Superintendent 24 hours per week
Construction Inspector 0 hours per week
Administrative Assistant 40 hours per week
10. Lawsuits
Infrastructure Engineers has no lawsuits, or pending lawsuits, in the past five (5) years. 993Exhibit 11
Proposal for Construction Management and Inspection (CMI) Services for Ford Park Aquatics Center City of Bell Gardens – March 30, 2023
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11. Cost
Infrastructure Engineers’ “Cost Proposal” appears in a separate sealed envelope, per the RFP.
12. Appendix – Addenda and Forms
Infrastructure Engineers signed versions of the City-issued addenda appear on the following pages. 994Exhibit 11
995 Exhibit 11
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3/30/2023
TASK DESCRIPTION Project Manager/Resident
Engineer Construction Manager Construction
Superintendent Construction Inspector Administrative Assistant Sub-Consultants Hourly Rate: $188 $188 $163 $159 $90
Phase 1 - Preconstruction - 4 Months
Kick-Off Meeting 40 40 40 16 16 $25,544 25,544$
Task 1. Constructability Review 120 160 160 80 80 $98,640 98,640$ Task 2. Schedule and Budget 120 160 160 80 $85,920 85,920$ Task 3. Contractor Pre-Qualification Process 120 160 160 80 $85,920 85,920$ Task 4. Bidding Phase and Contract Award 120 160 160 80 $85,920 85,920$ Phase 2 - Construction Management/Inspection Services - 21 Months Task 5. Construction 320 2,100 2,100 1,200 $905,260 905,260$ Task 6. Construction Inspection 2,100 $333,900 333,900$ Task 7. Labor Compliance Coordination 120 320 320 320 320 $214,560 214,560$ Task 8. Materials Testing Coordination 120 320 320 320 320 $214,560 214,560$ Task 9. Utility and Outside Agency Coordination 120 320 320 320 320 $214,560 214,560$ Phase 3 - Post-Construction Management Services - 4 Months Task 10. Post Construction 120 240 240 215 160 $155,385 155,385$ Task 11. Fixtures, Finishes, and Equipment 120 240 240 215 160 $155,385 155,385$ Task 12. Project Closeout 120 240 240 215 160 $155,385 155,385$ Warranty Period - 12 months 20 80 80 40 40 $41,800 41,800$
Material Testing 24 48 48 80 $ 100,000.00 $134,080 134,080$ Deputy Inspector 24 48 48 80 $ 50,000.00 $84,080 84,080$ Survey 24 48 48 80 $ 25,000.00 $59,080 59,080$ Web Based Cameras and IT Support 24 48 48 80 $ 50,000.00 $84,080 84,080$ HOURS 1,676 4,732 4,732 4,161 3,016 $ 225,000.00 Sub-Total $315,088 $889,616 $771,316 $661,599 $271,440 $225,000 $ 3,134,059 $ 3,134,059 $ 3,134,059
INFRASTRUCTURE ENGINEERS TEAM
IE
Team Total
Fee Proposal
Construction Management and Inspection Services for
Ford Park Aquatics Center
City of Bell Gardens
Fees Based On An 21 Month Construction Duration
TOTAL FEE
TOTAL FEE
Infrastructure Engineers
3060 Saturn Street, Suite 250
Brea, CA 92821
1098Exhibit 12
Proposal for
Construction Management
and Inspection Services
City of Bell Gardens
Ford Park Aquatics Center
Date Due: March 30, 2023
1099Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 2 March 30, 2023
Ms. Elizabeth Nava
Director of Public Works
City of Bell Gardens
City Clerk Office
7100 Garfield Avenue
Bell Gardens, CA 90201
Re: Proposal to Provide Construction Management Services Ford Aquatics Center Project
Dear Ms. Nava:
Ledesma & Meyer, Inc. (L&M) is pleased to submit our proposal for the City of Bell Garden's Ford Park Aquatics Center project.
For some company background and history, L&M has provided excellent construction management services for over 25 years as the firm of Ledesma & Meyer, Inc. Our two founding members, Joseph Ledesma and Kris Meyer have even further years of experience in engineering, architec - ture, construction, and construction management before the company was founded in 1997.
L&M has had experience in working on joint-use projects involving various funding sources for projects such as gymnasiums, multipurpose buildings, performing arts complexes, parks, play courts, parking lots, etc. We are very familiar with the requirements involved in integrating funds from Federal, State, Local, Bond funds, Developer Fees, and private sector entities including the detailed bid, construction, and accounting documents often required in these types of endeavors.
In the vast majority of projects we have done, there has been coordination with various governmental agencies and utility companies. L&M has an excellent reputation with these entities including key person contacts as well which can allow for a meaningful dialogue and smooth resolution of issues.
We are very interested in creating a long-term relationship with the City to meet all of your project needs. Thank-you for the opportunity to be of service to you.
Respectfully Yours,
KRIS M. MEYER
President
LEDESMA & MEYER, INC.
9441 Haven Avenue
Rancho Cucamonga, CA 91730
Phone: (909) 476-0590
Email: [email protected] / [email protected]
LETTER OF TRANSMITTAL
1100Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 3 LEDESMA & MEYER, INC.
TABLE OF CONTENTS
WORK PLAN AND APPROACH 4
KEY PERSONNEL BACKGROUND 11
AQUATIC EXPERIENCE-REFERENCES 17
OTHER EXPERIENCE - FIRM REFERENCES 22
STANDARD AGREEMENT ACKNOWLEDGEMENT 27
SCHEDULE CONTROL 28
MANPOWER ALLOCATIONS 31
LAWSUITS 32
COST (SEPARATE SEALED ENVELOPE) 33
REQUIRED FORMS 35
1101Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 4 L&M’s Construction Management (CM) Team is capable of taking a job from inception, setting forth the environmental processes and permits, cost analysis, budget development, design, bid, construction, and start-up operations through project closeout; all with full involvement of the City, and with full disclosure to the public and project stakeholders.
L&M’s CM services are tailored to a project’s size, complexity, and supported by a quality driven team of professionals. Our firm has the experience of handling numerous projects and multiple contractors. Our involvement extends from staff augmentation, overseeing the planning and de- sign phases, assisting the City in the bidding process, and providing full CM services. L&M’s CM services begin during design with schedule and budget evaluations, constructability reviews, and accuracy checks on cost estimates. Weighing project alternatives and structuring bid packages for the lowest cost are part of our responsibilities as well as monitoring and coordinating daily construction activities.
L&M understands the Scope of Services as outlined in Attachment 2 of the RFP. Our steps for the project are as described below and the following pages.
Construction Management at L&M means working with our Clients to anticipate the key issues that could impact successful completion of a project.
THE DESIGN PHASE
Construction Management Plan
L&M shall prepare a management plan for the project which shall establish the general basis for the sequence of contracting and construction of the project as well as the design effort required. Included are required applications and approvals by local and State agencies and servicing utility companies that are necessary as part of the process. L&M will monitor this plan and update all team members as required to ensure progress is maintained.
Master Project Schedule
A master project schedule shall be developed by L&M that contains key milestone activities and any pertinent items as identified by the City for the project. Project progress is discussed frequently with the project team to ensure that construction pace is maintained throughout the entire duration of the project.
Deviation from the approved plan and schedule is resolved with all participants and any changes that may be required are authorized by the City. Every effort will be made by L&M to maintain the original project schedule.
Available Revenue Analysis
As all know, the design and construction of a project is dependent upon the availability of funds.
Money is the single most important lifeline of a construction project and unfortunately is almost always the commodity in least supply. Before cutting costs, L&M assists the City in identifying and maximizing all available funding.
Video Recording of Site
L&M will video the project site prior to final review of the construction documents. This will provide a complete permanent visual record of the existing conditions prior to the bidding and construction of the project and serve as a helpful aid during L&M's constructability review of the construction documents.
This video is made available to the entire project team for verification of existing site conditions in relation to the Architect's construction documents and specifications.
WORK PLAN AND APPROACH
1102Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 5 Construction Cost Estimates
Cost estimates assist in L&M's success and are utilized throughout the life of a project; providing a crucial element to our proven budget containment skills which are unparalleled in the industry.
L&M uses estimating software and our estimates are often prepared using a "unit cost" method. In main- taining historical project data from bid through project completion and working with outside resources such as trusted quality trade contractors and vendors who keep us abreast of any fluctuations in current market conditions with regards to costs and product availability, L&M can closely monitor each project and update our estimates as needed. L&M has also found that our estimates serve as an invaluable resource in deter- mining bid alternates and value engineering items for a potential cost savings to your project.
After a project is awarded, L&M compares each trade contractor's proposed schedule of values to the original cost estimate to ensure that a fair dollar value has been assigned to their scope of work to dis- courage any "front loading" of costs through the billing process.
L&M has found that creating constructability reviews has been helpful in not only expediting the project process, but that it also builds the spirit of team- work amongst the project team.
Constructability Review
We review the construction documents in Bluebeam software to note comments and make suggestions to the Architect and City in an effort to prevent problems during the bidding, construction, and ownership of the facility. L&M attends review meetings with the Architect and their design consultants to go over our comments in depth to ensure their understanding and implementation within the design documents.
L&M's constructability reviews are a major area of strength within our firm in not only saving the City mon- ey through the avoidance of unnecessary change orders, but also by decreasing the City's exposure to potential litigation.
Value Engineering
L&M offers suggestions to the City and Architect throughout the bidding and construction stages in regard to obtaining the "most value for the least amount of money". L&M takes particular precautions during the Bid Phase to ensure competitive bidding through the minimization of proprietary product and equipment specifications. L&M suggests alternate "equal" or "near equal" products to the Architect and City staff for consideration prior to bid. We will also suggest and prepare, if necessary, a "shopping list" of proposed value engineering items for the City's consideration by means of reduction in scope, alternate products, and alternate methods of construction scheduling/phasing.
Coordination Review
Inconsistencies in design and the lack of coordination between the various trades and engineering dis- ciplines oftentimes leads to change orders during the Construction Phase. By performing a coordination review using Bluebeam software between the Civil, Landscape, Architectural, Structural, Plumbing, Me- chanical, and Electrical drawings, L&M will lessen the probability of delays and change orders during the Construction Phase of the project. L&M will conduct meetings with the design staff to ensure the imple- mentation of this coordination effort.
L&M will attain confirmation from each trade contractor that they have a CAL-OSHA compliant safety pro- gram. L&M will monitor site safety programs to encourage compliance with applicable laws, codes, rules, and regulations by both the City’s Safety Program and each specific trades own safety program.
L&M will monitor site activities and promptly report observed safety violations and potential dangerous conditions that may affect life or property to the City and applicable trade contractor(s).
WORK PLAN AND APPROACH
1103Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 6 PRECONSTRUCTION / BIDDING PHASE
Project Schedule
Our firm has an excellent reputation of completing our projects on schedule. We believe you must work with the project team to define the scope of work, identify activities, responsibilities, product lead time, and sequencing to develop a workable and accurate schedule. Because of the necessity to time construction events and milestones with City scheduled activities unique with a project's work, an accurate and well communicated CPM construction schedule is a must. L&M produces a detailed trade and task specific Master Construction Schedule with fixed activity durations and ordinal dates shown so that all bidding con- tractors know exactly what is expected of during the construction process.
Recommendations for Alternate Bids
Despite accurate estimates and clear and concise bid documents, every construction budget is still suscep- tible to volatile market conditions at bid time. The price of construction, like every other economic activity, is heavily influenced by the laws of supply and demand. Because of fluctuating market conditions, alternate bids should be incorporated into the bid documents in order to avoid a re-bid and subsequent delay to the start of the project. L&M works jointly with the Architect and the City to identify and compose the scope of work that may be presented in singular or multiple alternate bid items.
Prequalification of Contractors
L&M will assist the City in the prequalification process for all projects valued at $1 million or more that re - quire the prequalification of certain contractors per AB1565 which modified the Public Contract Code effec- tive for all projects bid after January 1, 2014.
Bid Advertisement
The Public Contract Code has stringent requirements regarding the proper advertisement of projects for which the Owner is soliciting bids. L&M assists the City to ensure that these requirements are met in order to obtain the maximum number of responsive competitive bids. L&M can assist in the drafting of the docu- ments and monitors the placement of the ad to ensure code compliance.
Distribution of Bid Documents
L&M distributes all bid documents (plans, specifications, and addenda) to the bidders and other interested parties in electronic digital format during the bid. This practice ensures that L&M has first-hand exposure to the quantity and types of plan holders in an effort to better obtain adequate bid coverage. L&M will know early on as to where the emphasis needs to be placed in the various bid categories to ensure a successful bid. This practice also frees up the traditional duties of the Architect and their staff so that they have more available time to respond to bid questions through the issuance of addenda.
Generate and Maintain Bidder Interest
The construction industry has been blessed with an abundant supply of good public works contractors. The principals at L&M have worked with and developed a good working relationship with these subcontractors in the local construction market for over 30 years. Joe Ledesma, Kris Meyer, and the Directors have all gained the respect and trust of the local contractors in the area. These relationships are important in that they help to increase the odds that a group of good local public works contractors will be involved in the construction of your facility. Follow-up contacts are made throughout the entire bid process to maintain the bidder’s interest. A tracking system is maintained to ensure the completeness of the bid packages and issuance of addenda to the prospective bidders. In the recent bidding climate, L&M has drawn tremendous response in bidding current projects.
Monitor Questions During the Bid
L&M initially fields and logs questions from the bidders and then promptly forwards same to ensure that they are properly answered in a timely fashion by the Architect through the use of addenda.
WORK PLAN AND APPROACH
1104Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 7 Assist Architect in the Composition of Addenda during the Bid Period In traditional contracting, the Architect is oftentimes barraged during the Bidding Phase with questions from contractors who are unfamiliar with the bid documents. Many times the answers to these questions are al - ready contained within the bid documents and therefore the Architect is needlessly interrupted from more important duties such as researching and responding to legitimate questions. L&M first fields and screens all of the questions during the bid process prior to forwarding them onto the Architect. This will enable the Architect to properly research and respond through addenda to the legitimate questions. L&M monitors and logs the legitimate questions to the Architect to ensure that they are responded to in a timely manner through addendum when possible.
Ensure Distribution of Addenda during Bid
As the sole source for obtainment of the bid documents; L&M makes every effort to ensure that all plan hold- ers receive addenda in a timely and verifiable manner.
Conduct Pre-Bid Meeting
L&M arranges with the City, Architect, and Architect’s consultants for a pre-bid meeting for all interested par- ties. The purpose of the pre-bid meeting will be to help develop bidders’ interest in the project and also help the bidders with any questions which they may have in regards to the bid documents and also the unique requirements involved in submitting a “Prime” bid directly to the City in lieu of a sub bid to a General Contrac- tor. Pre-bid meetings are scheduled at the project site to assist the contractors in understanding the scope of work, reviewing “as is” conditions, ingress and egress concerns, community surroundings, etc. These meetings can be arranged with the City as either a mandatory or non-mandatory requirement.
Conduct Bid Opening
L&M coordinates the date, time, and location of the bid opening with the City and Architect. During the bid opening, L&M serves in whatever capacity the City requests including time stamping and reading of the bids received.
Provide Bid Analysis and Evaluations
L&M promptly provides a spreadsheet to the City’s staff and project team after the bids have been opened to assist the City in the verification of budget compliance and alternate bid selection (if required). L&M staff will review the bid documents for their completeness and responsiveness. L&M also verifies license and bond status along with any other required bid documents of each of the three apparent low bid contractors in each bid category. Facts of finding are presented to the City that will result in a responsive bid or identify potential issues that may cause further review by the City’s legal counsel. A final recommendation for Board approval is issued to the City for all responsive contractors for each of the listed categories along with any alternates if applicable.
Conduct Post-Bid Interviews
L&M will conduct a brief post bid phone interview with each of the three apparent low responsive bidders in each bid package category within 24 hours of the bid to better ensure that their bids are complete. The purpose of this optional interview is to verbally confirm that the bidder has included all work within their bid.
Assist and Advise the City Regarding Bid Protests
L&M will assist and advise the City in the processing of bid protests in conjunction with the final rulings as determined by the City’s legal counsel.
Assist City in Preparing Governing Board Agenda for Award of Bids If needed, L&M provides whatever assistance as may be necessary for the preparation of the Board agenda item for the award of the bids.
Assist Owner and Architect in Issuance of “Notice to Proceed” to Individual Prime Contractors If needed, L&M assists the City and Architect in the formulation and issuance of the “Notice to Proceed” to each of the prime contractors after all of their contract documents have been fully processed.
WORK PLAN AND APPROACH
1105Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 8 CONSTRUCTION PHASE
Preconstruction Conference
L&M schedules and chairs a preconstruction conference attended by the City, Architect, Architect’s Consul- tants, Project Inspector and a representative of each of the prime contractors for the purposes of introduc - tions and review of procedural activities and requirements throughout the Construction Phase.
Review Proposed Schedule of Values
Each prime contractor is required to produce a breakdown of their contract price as directed by the CM prior to receipt of their first payment for construction work performed. This breakdown is often referred to as a “schedule of values” and serves as the centerpiece of each contractor’s monthly progress billings. L&M en- deavors to verify that each contractor’s “schedule of values” is a reasonably accurate reflection of the work involved and formatted in a manner for clarity.
Submittals, Shop Drawings, and Substitutions
L&M does not simply “pass-on” submittals, shop drawings, and substitution requests to the Architect for ap- proval. L&M carefully reviews these items from each prime contractor in a timely fashion prior to forwarding same on to the Architect. In this way, L&M verifies that the proposed products and assemblies meet the re- quirements of the contract documents. L&M also verifies the completeness of the submittal and shop draw- ings; many times averting the untimely delays of rejection by the Architect. L&M is generally able to catch potential problems and call them to the attention of the Architect and City prior to those problems becoming a reality. L&M logs and monitors the progress of all submittals, shop drawings, and substitution requests to prevent delays in the processing of these items by the Contractor, Architect, and/or Architect’s consultants.
Re-submittals, when required are also tracked in like fashion. Submittal logs are constantly monitored with notices issued to the category contractors to ensure that submittals are received and processed within the allowable procurement time frame as specified by the construction schedule.
Contract Administration
L&M has invested heavily in and uses the latest technology available both in the office and in the field. By using Project Site Manager Software, L&M provides administration of the contracts for construction on the City’s behalf as provided for in the General Conditions of the contract for construction. L&M keeps record logs for:
■ Change Order Requests
■ Proposal Requests
■ Requests for Information
■ Time Extensions
■ Change Orders
■ Submittals/Shop Drawings
General Conditions Development and Site Mobilization
A temporary construction jobsite trailer along with sanitary facilities, water, power, telephone and other Gen- eral Conditions type items are incorporated into the site mobilization process by L&M in similar fashion as to how a general contractor would function.
Site Supervision, Coordination, and Quality Assurance/Control L&M shall provide an experienced Superintendent on the project site for the primary purposes of coordi - nation and daily scheduling of trades, inspections, verification of layout, quality control, recording of daily construction events and activities, arbitration of site disputes between trades, monitoring site clean-up by each trade, site use coordination and general trouble shooting. Ensuring that all members of the Project Team perform their job in a fair and timely manner by promoting respect amongst team members virtually assures a successful project by all accounts. Simply put; as an experienced builder, L&M understands the needs and wants of “the builder” and it is precisely this understanding that wins the respect of the Con - struction Team members. When a problem occurs, L&M is present to assist in the prompt resolution of it.
This is always received by the contractor as a mutual sign of respect which translates directly into a positive working relationship.
WORK PLAN AND APPROACH
1106Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 9 Site Meetings
Regularly scheduled weekly site meetings are held at the job site. The primary function of these job meet - ings is to monitor the discussion and resolution of construction and scheduling problems. These meetings shall be attended by the Architect, Inspector, Architect’s consultants, L&M, City representatives and prime contractors. All other organized site meetings are coordinated and chaired by L&M on an as-needed basis at which time L&M shall record and promptly distribute minutes for these meetings to the meeting attendees and other applicable affected parties.
Public Relations
L&M works closely with the City’s representative to provide clear, accurate, consistent, and responsive public relations information. City Board meetings will be attended upon request with the attendee(s) fully prepared to address any critical or upcoming issues and project schedule as requested by staff.
Coordination of Technical Inspection and Testing
L&M shall coordinate all City and special inspections and testing. L&M will also provide all inspections as detailed in Attachment 2 "Quality Assurance/Quality Control", with exception to specialty and deputy inspec- tion services, L&M will coordinate those services.
As-Built Record Drawings
L&M assists the Project Inspector in the monitoring of each applicable contractor’s as-built record drawings.
Contractors are required to record as-built information in such a way so as to provide future contractors or the City's personnel with accurate location information.
Exercise of Contract Prerogatives
When appropriate, L&M advises City’s staff and makes recommendations to the City for exercising contract prerogatives in order to stimulate contract compliance with one or more contractors. Examples would be withholding payment for cause, schedule acceleration, directive to clean-up, etc.
Construction Progress Review
L&M reviews the progress of construction with each contractor, observes the work in place, evaluates the contractor’s manpower in relation to the scheduled progress vs. the actual progress, and ensures that ma - terials are timely received and properly stored on a regular basis. Any irregularities are addressed in writing with a scheduled time frame for compliance.
Monthly Progress Payments
All billings will be processed through L&M’s accounting department. This process starts with the receipt and acceptance of each trade contractor’s schedule of values that has been determined to be fair and an accu - rate reflection of the work involved. Monthly progress draws are reviewed by the Superintendent, Architect, Project Inspector, and City’s assigned staff (if so desired) and processed in a timely manner to keep the proj- ect on track. Potential cost proposals are logged and tracked to ensure prompt processing of potential cost issues that are either generated by request of the City, Architect, outside agencies, and/or field conditions.
The timeliness of this process is important in maintaining the project schedule with no potential claims for delays being incurred.
Changes
L&M certainly discourages changes which result in an increase to the contract scope and sum during the course of construction. However, L&M also recognizes that changes are virtually inevitable despite all at - tempts by all concerned parties for a perfect project. L&M endeavors to see to it that changes are handled timely, efficiently and cost effectively. All changes in a contract are logged by L&M for the purposes of pro - cessing and managing the bottom line budget for the project and each individual prime contractor involved.
Invariably, the faster a change order is processed the less negative impact it will have on the project schedule and budget. L&M keeps change order decisions moving so as to provide adequate review time by the City’s staff, but also so as to not delay the project schedule.
WORK PLAN AND APPROACH
1107Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 10 Cost Negotiations
L&M’s strong estimating abilities enable it to successfully negotiate fair change order prices (both “adds” and “credits”) with contractors. Experience in timely and fair estimates and negotiations are a necessary strength for successfully managing a modern day school project. L&M reviews each contractor’s pricing for each proposed change prior to forwarding same on to the City or Architect for their review and ap - proval.
Time Extensions
Through careful analysis of site and weather conditions, L&M reviews all contractor time extension re - quests. If any time extensions are warranted, L&M forwards this information on to the Architect and Own- er with a recommendation for approval or denial of the request.
Claims
The City forwards L&M a copy of all notices and claims by contractors against the City for any alleged cause. L&M performs a preliminary evaluation of the contents of the claim, and makes recommendations to the City. We provide assistance to the City to process the claims if needed.
City Responsibilities
The City will need to acquire the Inspector, specialty inspection services, and Deputy and Specialty Inspectors.
POST CONSTRUCTION PHASE
Project Completion and Closeout
L&M assists the City, Architect, Architect’s Consultants and Inspector of Record in developing a final punch list of incomplete or unacceptable items. After issuance of the final punch list by the Architect, L&M distributes it to all contractors for their review and completion. L&M monitors and supervises the comple- tion of the final punch list and advises the City as to when to file their required “Notice of Completion”.
L&M has developed an electronic financial document and report that assists the City with the reporting and accountability of closing out a project. We make this process available to the City as a new addition to our services
Project Closeout
When the completion and/or closeout of a construction project are not aggressively pushed, even a suc- cessful project can appear to be a disaster. No one remembers the problems when a project starts and everyone remembers the lingering unresolved problems which delay the end of the job and its closeout. It is precisely this fact that causes L&M to systematically closeout completed projects as soon as possible.
This process starts well before the end of construction and increases in intensity as completion nears.
L&M will ensure that the Architect processes all change orders and bid period addenda through DSA in an expeditious manner. As-built record documents, guarantees, HVAC balance reports, test results, etc. are collected and carefully transmitted to the City in an efficient fashion.
Outstanding claims by any party associated with the construction project are reviewed a final time in an effort to negotiate them in good faith with the City. Finally all project financials are assembled, tallied, and organized in preparation for an eventual OPSC Audit.
Warranty Period
L&M assists the staff during the first year warranty period to help the City obtain timely warranty repairs and service as required.
WORK PLAN AND APPROACH
1108Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project Support Services
Clerical / BIM /
Environmental / Estimator
Senior Project
Coordinator
Julie Williams
Project
Superintendent
Jeff Fluke
Executive Directors
Kenny Murphy and Jeff Carter
Ledesma & Meyer, Inc.
Kris M. Meyer, President
Joseph M. Ledesma, CEO
City of Bell Gardens
Project
Manager
Jaime Velasquez
11 L&M IS DEDICATED TO YOUR PROJECT'S SUCCESS!
L&M's Principals Kris M. Meyer and Joseph M. Ledesma are committed to providing outstanding CM services to the City of Bell Gardens by proposing a diverse and highly qualified Project Team that has a proven track record in the community. Having over 50 full-time skilled and experienced key personnel, L&M is properly licensed to perform CM services in the State of California. Your construction project(s) will be overseen by the same management team - assuring you continuity throughout the project schedule.
KEY PERSONNEL BACKGROUND - ORGANIZATIONAL CHART
Staff Roles / Responsibility
Kris M. Meyer (25 Years with L&M)
Joseph M. Ledesma (25 Years with L&M)
As the Owners of L&M, Kris and Joseph
work with the Executive Directors to
supervise and advise on all phases of
construction for every project that the
company has in progress.
Kenny Murphy (23 Years with L&M)
Jeff Carter (24 Years with L&M)
L&M Executive Directors are the main con -
tact for the Client, Architect, and Contractors.
They oversee all aspects of a project, from
preconstruction through closeout. Their goal
is to assist their Team in completing all project
timelines within budget; operating in a seam-
less 100% transparent manner.
Jaime Velasquez, Jeff Fluke, Julie Williams
Project Management, Superintendent, and
Coordination staff work together under the
direction of the Executive Directors in con -
ducting the day-to-day work on the project.
Both in the field and office, communication
is the key to coordinate all elements of con -
struction to keep the project on schedule and
within budget.
Support Services
L&M's Support Staff are all experienced pro -
fessionals who provide additional aid as re -
quired to the Project Team.
PROPOSED PROJECT TEAM
ORGANIZATIONAL CHART
1109Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 12 KENNY
MURPHY
EXECUTIVE
DIRECTOR
Education
3 Years of College Coursework
Registrations / Certifications
SWPPP, AQMD, CPR and First Aid Certification
Kenny Murphy has more than 23 years of
construction management experience in
working with L&M.
He has been responsible for the management
and supervision of construction on multiple
projects ranging from new construction, mod-
ernizations, additions, demolition, and site
work.
Kenny's involvement from the beginning of
your project ensures a solid team is assem -
bled with unified efforts to meet the Client's
needs.
Kenny is a favorite of L&M Clients and is often
requested as the Executive Director on our
construction projects.
Relevant Experience:
Desert Sands Unified School District
■ La Quinta High School Culinary Arts/Safety
Classroom Expansion
■ Kennedy Elementary School Expansion
■ Welcome Center/Central Registration
■ Lincoln/Kennedy/Eisenhower Modernizations
■ Jackson Elementary School Modernization
■ John Glenn Middle School
■ Amelia Earheart Elementary School
■ Hoover Elementary Modernization
■ Lyndon Johnson Elementary School
Romoland School District
■ Mesa View K-8 School
Barstow Unified School District
■ Barstow Fine Arts Academy
■ Skyline Elementary School
■ Barstow Junior High Interim Campus
Hesperia Unified School District
■ Modular Classrooms at Several Sites
■ Portable Classrooms at Several Sites
Beaumont Unified School District
■ Starlight Elementary School
■ Summerwind K-8 School
■ Beaumont High School Expansion
Rialto Unified School District
■ Dollahan & Dunn Portable Project
■ Full Day Kinder Project
■ Casey Elementary School Modular Project
Morongo Unified School District
■ Oasis Elementary School Expansion
■ Yucca Valley High School Track and Field
■ Sewer Projects on Existing Campuses
Central School District
■ Bear Gulch and Dona Merced Expansion
■ District-Wide Technology Upgrade
■ District-Wide HVAC Replacement
■ Cucamonga Middle School Renovation
■ New District Office Improvements
■ Central Elementary School Parking Improvements
KEY PERSONNEL BACKGROUND
Essential Duties and Responsibilities
L&M Executive Directors are the main
contact for the Client, Architect, and
Contractors. They oversee all aspects of
a project, from preconstruction through
closeout. Their goal is to assist their Team
in completing all project timelines within
budget; operating in a seamless 100%
transparent manner.
1110Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 13 JEFF
CARTER
EXECUTIVE
DIRECTOR
Education
2 Years of College Coursework
Registrations / Certifications
SWPPP, AQMD, CPR and First Aid Certification
Jeff Carter has over 37 years of experience
in the construction industry, with over 24 of
those years working with L&M.
As an Executive Director, he has supervised
numerous complex construction projects. Jeff
deals directly and fairly with Client staff and
community.
Jeff's effective management and communica-
tion skills lead to meeting project goals and
delivering high quality educational facilities.
Jeff’s involvement in the early stages of the
project results in solid team-building and
cohesive efforts to meet the Client’s needs. His
unquestionable integrity and problem-solving
abilities have earned respect from all
stakeholders on each of his projects.
Essential Duties and Responsibilities
L&M Executive Directors are the main
contact for the Client, Architect, and
Contractors. They oversee all aspects of
a project, from preconstruction through
closeout. Their goal is to assist their Team
in completing all project timelines within
budget; operating in a seamless 100%
transparent manner.
Relevant Experience:
Antelope Community College
■ The Commons
■ Marauder Complex
■ Student Services Building
■ Swing Space Fine Arts & Yoshida Hall, Applied
Arts, & Mesquite Hall
■ Swing Space Modular Buildings
■ Discovery Lab
■ Signage & Wayfinding
■ Palmdale Center Technology (Phases 1 and 2)
■ OBS & Risk Management Office Modernizations
■ BE Building Classroom Modernization
■ Flooring Replacement, APL Building
■ TE1 Mechanical Retrofit
■ SSV Building Stairway and ADA Campus-Wide
Improvements
■ Mechanical HVAC Repairs
■ Campus Flooring Replacement
■ Campus-Wide LED & Lighting Upgrade
College of the Desert
■ Preconstruction Services
Ocean View School District
■ 11 School Site Renovation Projects
San Bernardino City School District
■ Cesar Chavez Elementary School
■ George Brown Elementary School
Redlands Unified School District
■ Judson & Brown Elementary School
Las Virgenes Unified School District
■ Agoura High School Modernization
■ Wright/Chaparral Middle Schools
■ Round Meadow Elementary School
Rialto Unified School District
■ Wilmer Carter High School
■ Werner Elementary School
■ Rialto Middle School
■ Rialto High School Stadium
■ Nancy Kordyak Elementary School
PROPOSED PROJECT TEAM
1111Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 14 JAIME
VELASQUEZ
PROJECT
MANAGER
Education
California State, Long Beach
Business Management Certificate CBA
Industrial Engineering Certificate CBA
Registrations / Certifications
OSHA Certification
SWPPP, AQMD, CPR and First Aid Certification
Jaime Velasquez has over 13 years of
experience in project and construction
management including educational facilities
and public works construction.
Jaime is a quality-focused and strong project
manager who has many years of guiding
project teams through to successful project
completion.
Jaime utilizes exceptional leadership skills
combined with a knowledge of most
construction sub-trades.
He has excellent communication skills and
extensive knowledge of blueprint plans,
specifications, and design concepts.
Essential Duties and Responsibilities
Under the guidance of the Executive
Director, L&M Project Managers provide
an in-depth review of the construction
documents, shop drawings, and submit -
tals. They work with the Executive
Directors and Superintendents to ensure
the project schedule is progressing as it
should and works with the Client,
Architect, and Contractors to answer or
review any concerns or questions that
may arise during construction.
Relevant Experience:
Santa Ana Unified School District
■ Santa Ana High School Modernization
■ Century High School Modernization
Little Lake City School District
■ Miscellaneous Hardscape Improvements at
Multiple Sites
■ Jersey Avenue Elementary School Painting
and Exterior Building Improvements
Lynwood Unified School District
■ Janie P. Abbot Elementary School New
Construction of Two Administration Buildings
■ Lynwood Middle School Modernization
Santa Monica-Malibu Unified School District
■ Will Rodgers Elementary School
■ Grant Elementary School
■ Franklin Elementary School
■ John Muir Elementary School
■ Roosevelt Elementary School
■ McKinley Elementary School
■ Juan Cabrillo Elementary School
■ Malibu High School New Gymnasium
KEY PERSONNEL BACKGROUND
Temple City Unified School District
LEED Certified Modernizations
■ Emperor Elementary School
■ Cloverly Elementary School
■ La Rosa Elementary School
■ Longden Elementary School
■ Edison Elementary School
Whittier Unified School District
■ Nelson Middle School Modernization
■ Los Nietos Elementary School Modernization
Irvine Unified School District
■ Bonita and Turtle Rock Elementary School
Modernizations
■ University Park and Northwood Elementary School
Modernization
■ Stone Creek Elementary School Expansion
■ University High School Modernization
■ Irvine High School Modernization
Glendale Unified School District
■ Jefferson Elementary School Expansion
■ Lincoln Elementary School Expansion
1112Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 15 JEFF
FLUKE
PROJECT
MANAGER
Registrations / Certifications
OSHA Certification
SWPPP, AQMD, CPR and First Aid Certification
Jeff Fluke has worked in the construction
industry for 43 years and has a well-rounded
knowledge of construction practices and
processes.
Jeff has been employed at Ledesma & Meyer
for 16 years, and has been in the education
sector since 1999, in both General Contractor
and Construction Management roles.
Jeff has excellent communication skills and
is able to interact equally well with Owners,
the Design Team, and Tradesmen. This abili -
ty frequently results in rapid solutions to field
issues, as well as any resultant documentation
necessary from the Design Team.
His experience enables him to perform
perceptive constructability reviews, participate
in pre-construction activities including scoping,
cost analysis and scheduling.
Relevant Experience:
Ocean View School District
■ Star View Elementary School Modernization
Mountain View School District
■ Park View Elementary School
Etiwanda School District
■ Terra Vista Elementary School New Relocatable
Classrooms
Desert Sands Unified School District
■ Indio High School Reconstruction
■ Palm Desert High School Reconstruction
Garden Grove Unified School District
■ La Quinta High School New Construction
■ La Quinta High School Modernization
■ Pacifica High School New Construction
and Modernization
Perris Elementary School District
■ Clearwater Elementary School
KEY PERSONNEL BACKGROUND
Long Beach Unified School District
■ Browning High School New Construction
Moreno Valley Unified School District
■ Moreno Valley High School Modernization
Rowland Unified School District
■ Modernizations at Yorbita, Shelyn, Rowland, and
Rorimer Elementary Schools
Ontario-Montclair School District
■ Modernizations at Vineyard, Bon View, and Kingsley
Elementary Schools
Whittier Union High School District
■ Seismic Upgrades at California, Pioneer, Santa Fe,
La Serna, Sierra Vista, and Whittier High School
Temecula Valley Unified School District
■ Modernization at Paloma, Pauba, and Redhawk
Elementary Schools
Essential Duties and Responsibilities
Under the guidance of the Executive
Directors, L&M Project Managers provide
an in-depth review of the construction doc -
uments, shop drawings, and submittals.
They work with the Executive Directors
and Superintendents to ensure the project
schedule is progressing as it should and
works with the Client, Architect, and
Contractors to answer or review any
concerns or questions that may arise during
construction.
1113Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 16 JULIE
WILLIAMS
SENIOR
PROJECT
COORDINATOR
Education
UC Riverside
Construction Management
Registrations / Certifications
CPR and First Aid Certification
Julie Williams has been employed with L&M
for the past 18 years coordinating over 37 of
L&M's projects .
As an organized, professional, and detail
oriented individual, Julie successfully works
with staff, design professionals, and clients
on projects varying from new construction to
modernization and reconstruction.
Julie has computer software experience in
Project Site/Trimble, Prolog Construction
Management, Primavera Scheduling
software, and various other programs.
Julie provides comprehensive project and
program management, monitoring, and
coordination of client services and contract
budgets.
Essential Duties and Responsibilities
Project Management and Coordination
staff work together under the direction of
the Executive Directors in conducting the
day-to-day work on the project. Both in
the field and office, communication is key
to coordinate all elements of the
construction to keep the project on
schedule and budget.
Relevant Experience:
Desert Sands Unified School District
■ Ronald Reagan Elementary School
■ Benjamin Franklin Elementary School
■ Carrillo Rancho Elementary School
■ Colonel Mitchell Paige Middle School
■ Washington Charter Elementary School
■ Horizon Alternative Education
■ La Quinta High School Expansion
■ Palm Desert High School Reconstruction
■ Welcome Center Registration
■ Lincoln Elementary School Modernization
■ Kennedy Elementary School Modernization
■ Palm Desert Charter School
Ontario-Montclair School District
■ 2015 Various Summer Projects
■ 10 Proposition 39 Energy Projects
Rowland Unified School District
■ Shelyn Elementary School Modernization
■ Rowland Elementary School Modernization
■ Nogales High School Gymnasium
■ Rowland High School Modernization
■ Kindergarten Modernizations
Banning Unified School District
■ Nicolet Middle School Modernization
■ Cabazon Elementary School Portables/Lunch
Shelter
■ Banning High School Athletic Facility
KEY PERSONNEL BACKGROUND
1114Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 17 AQUATIC EXPERIENCE - REFERENCES
Ledesma & Meyer Construction Company Inc. has successfully completed five aquatic facilities for the following high schools:
Client Contact: Desert Sands Unified School District
Project Owner Contact: Patrick Cisneros, Director of Facilities Address: 47950 Dune Palms Road, La Quinta CA 92253
Phone: (760) 771-8516 / Email: [email protected]
Key Personnel: Ken Murphy, Executive Director
Architect: Roger Clarke, Principal, Ruhnau Clarke Architects Address: 3775 Tenth Street, Riverside CA 92501
Phone: (951) 684-4664 / Email: [email protected]
Construction Value: $108 million
Shadow Hills High School – Desert Sands Unified School District This CIF certified competitive aquatic complex was a part of a brand new ground-up 2,000+ comprehensive student high school beginning with raw land.
Since there was no active development nearby at the start of the project streets, traffic control, and utilities had to be brought to the site.
L&M assisted the District and Design team in coordinating with the City and local developers in regards to logistics, funding, bidding, and constructing the entire $100,000,000+ project.
Project was completed on-schedule and under budget.
1115Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 18 AQUATIC EXPERIENCE - REFERENCES
Client Contact: Desert Sands Unified School District
Project Owner Contact: Patrick Cisneros, Director of Facilities Address: 47950 Dune Palms Road, La Quinta CA 92253
Phone: (760) 771-8516 / Email: [email protected]
Key Personnel: Ken Murphy, Executive Director
Architect: Roger Clarke, Principal, Ruhnau Clarke Architects Address: 3775 Tenth Street, Riverside CA 92501
Phone: (951) 684-4664 / Email: [email protected]
Construction Value: $72 million
Palm Desert High School – Desert Sands Unified School District This CIF certified competitive aquatic complex was successfully completed as a part of a single bid multi-phase high school reconstruction where the entire existing 2,000+ student high school was safely demolished and re-built while remaining fully functional and operational.
L&M proposed and followed a design and phasing sequence on this project to enable this project to be completed in under 3 years using only 11 portable classrooms.
Project completed on-schedule and substantially under budget. 1116Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 19 AQUATIC EXPERIENCE - REFERENCES
Client Contact: Desert Sands Unified School District
Project Owner Contact: Patrick Cisneros, Director of Facilities Address: 47950 Dune Palms Road, La Quinta CA 92253
Phone: (760) 771-8516 / Email: [email protected]
Key Personnel: Ken Murphy, Executive Director
Architect: Roger Clarke, Principal, Ruhnau Clarke Architects Address: 3775 Tenth Street, Riverside CA 92501
Phone: (951) 684-4664 / Email: [email protected]
Construction Value: $3.9 million
Indio High School – Desert Sands Unified School District This CIF certified competitive aquatic complex was successfully completed as a part of a multi-bid five phase multi-phase high school reconstruction where the entire existing 2,000+ student high school was safely demolished and re-built while remaining fully functional and operational.
Originally intended to be simply a modernization, the District was able to apply the bid savings from the Palm Desert High School reconstruction and completely reconstruct this school too.
The demolition and reconstruction of the existing aquatics center and pool was done as a separate bid and construction phase and coordinated with the District’s competitive swim season to prevent interruption of same.
Project completed on-schedule and on-budget.
1117Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 20 AQUATIC EXPERIENCE - REFERENCES
Client Contact: Rowland Unified School District
Project Owner Contact: Marcos Rodriguez, Director of Construction Address: 1830 Nogales Street, Rowland Heights CA 91748 Phone: (626) 912-0665, Ext. 3019/ Email: [email protected]
Key Personnel: Jeff Carter, Executive Director
Architect: Susanto Agustiadi, Senior Project Architect, PBK Architects Address: 8163 Rochester Avenue, Suite 100, Rancho Cucamonga CA 91730 Phone: (909) 987-0909 / Email: [email protected]
Construction Value: $22 million
Nogales High School – Rowland Unified School District
Work will consist of the demolition of the existing pool and surrounding support buildings.
Reconstruction of a new pool complex, including new pool and pool deck and construction of a new pump equipment and storage building.
Construction of a new 2-story building consisting of a Choir and Band rooms, Boys and Girls Lockers Rooms, Classrooms and Team Rooms, with the second floor being marked for a new Dance and Aerobics Studio.
1118Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 21 AQUATIC EXPERIENCE - REFERENCES
Client Contact: El Rancho Unified School District
Project Owner Contact: Ron Hacker, Chief Business Officer Address: 9333 Loch Lomond Drive, Pico Rivera CA 90660 Phone: (562) 801-7412 / Email: [email protected]
Key Personnel: Jeff Carter, Executive Director
Architect: Samuel Lin, Project Architect, LPA, Inc.
Address: 5301 California Avenue, Suite 100, Irvine CA 92617 Phone: (949) 261-1001 / Email: [email protected] Construction Value: $20 million
El Rancho High School – El Rancho Unified School District Work consists of demolition of the existing parking lot and a new one being put in, a new pool, pool building, and associated site work.
1119Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 22 OTHER EXPERIENCE - FIRM REFERENCES
Beaumont Unified School District
Project Owner Contact: Dr. Mays Kakish, Superintendent Address: 350 Brookside Avenue, Beaumont CA 92223
Phone / Email: (909) 845-1631 / Email: [email protected] Key Personnel: Ken Murphy, Executive Director
L&M has an impressive 300+ community projects that have been finished since the inception of the company. L&M has proudly turned these projects over to our clients on-time, on-budget, and without litigation.
We encourage the City of Bell Gardens to contact our References and speak with them directly on L&M's performance on their individual job sites.
Barstow Unified School District
Project Owner Contact: James Hochstedler, Director
Address: 551 South Avenue H, Barstow CA 92311
Phone / Email: (760) 252-5073 / Email: [email protected] Key Personnel: Jeff Carter, Executive Director
Central School District
Project Owner Contact: Lori Isom, Assistant Superintendent, Business Services Address: 8316 Red Oak Street, Rancho Cucamonga CA 91730 Phone: (909) 989-8541 / Email: [email protected]
Key Personnel: Ken Murphy, Executive Director
Rialto Unified School District
Project Owner Contact: Angie Lopez, Director of Facilities Address: 182 E. Walnut Avenue, Rialto CA 92376
Phone: (909) 421-7555 / Email: [email protected]
Key Personnel: Jeff Carter, Executive Director
Desert Sands Unified School District
Project Owner Contact: Patrick Cisneros, Director of Facilities Address: 47950 Dune Palms Road, La Quinta CA 92253
Phone: (760) 771-8516 / Email: [email protected]
Key Personnel: Ken Murphy, Executive Director
1120Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 23 OTHER EXPERIENCE - FIRM REFERENCES
Providing Construction Management Services
As a full-service Construction Manager, L&M serves as the Client's representative and provides overall management from the initial plan development through post construction and warranty periods. In this role, we assist in defining the project, budgeting, scheduling, constructabil- ity reviews, and a variety of custom services.
All of our services are tailored to meet the specific needs and goals of each project for our Clients while managing the contracts of the design and construction team members.
Listing of Educational Projects Performed for Firm References Over the Last 10+ Years 1121Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 24 OTHER EXPERIENCE - FIRM REFERENCES
1122Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 25 OTHER EXPERIENCE - FIRM REFERENCES
1123Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 26 OTHER EXPERIENCE - FIRM REFERENCES
1124Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 27 STANDARD AGREEMENT ACKNOWLEDGEMENT
1125Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 28 SCHEDULE CONTROL
Master Construction Schedule
L&M will prepare the master project construction schedule in-house utilizing CPM scheduling soft- ware by Primavera. This construction schedule will be based upon working day durations for each identified construction activity with applicable logic ties to their task predecessors and successors.
We believe you must work with the project team to define the scope of work, identify activities, responsibilities, submission/ approval of submittals and shop drawings, product procurement, and sequencing of the work using construction knowledge and experience to develop a workable and accurate schedule. Because of the necessity to coordinate construction activities and milestones with the City’s on-site scheduled activities, an accurate and well communicated CPM schedule is a must.
The construction schedule is monitored on a daily basis with automatic input of each contractor’s labor force and accomplishments from our Superintendent’s Daily log. Our daily inputs provide construction progress updates and information relative to upcoming scheduled activities. This information further assists with evaluating and avoiding potential delays to scheduled activities.
Updated project schedules are issued monthly to the project team and trade contractors or more often if requested by the City.
At all times L&M will be monitoring the construction schedule for purposes of ensuring that the project is completed on time. L&M reviews each contractor’s manpower, scheduled progress and actual progress of work regularly to control scheduled timelines for labor and materials. If it is determined that a contractor is behind schedule, a recovery schedule will be requested. Through careful analysis of site and weather conditions, scope changes and cost issues; L&M reviews all contractor time extension requests. If any extensions are requested, L&M will forward the request on to the Architect and City with supported recommendation for approval or denial of the request.
L&M's main goal is to see that each project is successfully delivered on time and budget; along with the entire Project Team walking away from the finished project feeling a sense of pride and success for a job well done. 1126Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 29 SCHEDULE CONTROL
Schedule Control Snapshot
1127Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 30 SCHEDULE CONTROL
Schedule Control Snapshot
1128Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 31 MANPOWER ALLOCATIONS
Please see the manpower allocation by staff member below:
1129Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 32 LAWSUITS
Ledesma & Meyer, Inc. has never had any construction-related litigation, disputes, or disciplinary action taken against them in over 25 years of service.
Ledesma & Meyer, Inc. has also never filed a petition for bankruptcy or had an complaints lodged against the firm with any local public agency, any agency of the State of California, or any professional organization with which the firm is affiliated. 1130Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 33 COST
Please see the enclosed envelope labeled "Fee Proposal" for the Cost Proposal. 1131Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 35 REQUIRED FORMS
1132Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 36 REQUIRED FORMS
1133Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 37 REQUIRED FORMS
1134Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 38 REQUIRED FORMS
1135Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 39 REQUIRED FORMS
1136Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 40 REQUIRED FORMS
1137Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 41 REQUIRED FORMS
1138Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 42 REQUIRED FORMS
1139Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 43 REQUIRED FORMS
1140Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 44 REQUIRED FORMS
1141Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 45 REQUIRED FORMS
1142Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 46 REQUIRED FORMS
1143Exhibit 13
Proposal - City of Bell Gardens - Ford Park Aquatics Center Project 47 REQUIRED FORMS
1144Exhibit 13
License: #735139
Phone: (909) 476-0590 | Fax: (909) 476-0592
[email protected]
9441 Haven Avenue, Rancho Cucamonga, CA 91730
www.LMCCI.com
1145Exhibit 13
1146Exhibit 14
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 10.
TO:
Honorable Mayor and City Council Members
FROM:
Michael B. O'Kelly, City Manager
BY:
Bernardo Iniguez, Director of Public Works
Veronica Sanchez, Management Analyst
SUBJECT:
EXTENSION OF PROFESSIONAL SERVICES AGREEMENTS FOR ENGINEERING AND
PROJECT AND CONSTRUCTION MANAGEMENT SERVICES
DATE:
May 22, 2023
RECOMMENDATION:
It is staff's recommendation that the City Council by motion:
1 .
Extend the existing Agreement with John L. Hunter and Associates (JLH) through September 30, 2024, and approve additional appropriations of $658,000 to allow for completion of the John Anson Ford Park Infiltration Cistern Project; and
2 .
Extend the existing Agreement with CWE Corporation (CWE) through September 30, 2024, and approve additional appropriations of $75,000 to allow for completion of the John Anson Ford Park Infiltration Cistern Project.
BACKGROUND/DISCUSSION:
The purpose of the John Anson Ford Park Infiltration Cistern Project (the “Project”) is to comply with stormwater regulations set forth by the Los Angeles Regional Water Quality Control Board (LARWQCB) under the Municipal Separate Stormwater Sewer System, the MS4 Permit. The Project will capture trash, nutrients, heavy metals, bacteria, and reduce toxicity in the urban runoff from the watershed by installing stormwater and dry weather flow diversion pre-treatment, retention, and infiltration facilities that will capture and infiltrate the stormwater runoff prior to it reaching the Rio Hondo. In addition to reducing the amount of pollutants entering the Rio Hondo Channel, capturing the runoff will help augment the regional water supply in the Central Basin. The Project is a regional stormwater quality improvement project that is being constructed to meet the requirements of the LARWQCB MS4 Permit by capturing and treating runoff from a 2,295-acre watershed within the Lower Los Angeles River Upper Reach 2 Watershed Management Area which consists of the cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood and Vernon.
Funding for the Project is $21,005,380.00 provided through a combination of contributions by the Cities of Bell Gardens, Bell, Commerce, Cudahy, Huntington Park, Maywood, and Vernon; grant funding from the State of California Prop 1 Stormwater Program; Los Angeles County’s Safe Clean Water Program; and the Metropolitan Water District’s Stormwater Recharge Program. The funding is as follows:
The initial funding was through the Cities’ contribution of $1,100,538.00.
Funding from the State’s Prop 1 Stormwater Program of $9,904,842.00.
Funding in the amount of $10M to expand the Project through LA County’s Safe Clean Water Program Measure W.
The Measure W funding was received in two tranches, $8M in 2021 and $2M in 2022. 1147
On May 1, 2018 the City and JLH entered into an agreement for JLH to provide project and construction management services for the Project. The original agreement was in the amount of $1,520,406.44 and the Project was expected to be completed in three years. The agreement included an option exercisable by the City Manager to renew for two additional years. Shortly thereafter, on September 10, 2018 the City entered into an agreement with CWE for the design of the Project. As with the JLH agreement, the agreement with CWE was for a three-year term and included the option to renew the agreement for two additional years exercisable by the City Manager.
The City has exercised the option to renew the two agreements twice. The two extensions were made to facilitate the revised, extended construction date required when the scope of the construction contract was extended to include a
13.5-acre-foot extension to the original construction contract and the construction contract completion date was extended to November 23, 2021. As a result of various change orders and weather delays the contract completion
date was revised to January 25, 2022. However, the contractor is behind schedule and the date for completion of construction is now estimated to be the end of October 2023.
JLH has been providing construction management services since the inception of the Project. The original approved budget for Project and Construction Management was increased twice. Due to the delays in the completion of the Project the budget for JLH’s contract to provide project and construction management services was expended as of February 2023.
It is estimated that the construction effort will be completed on October 31, 2023 resulting in the need for eight months of additional funding for construction management services. In addition, the State Grant requires that one year of performance monitoring data be collected and reported to the State. This performance monitoring data will be collected concurrently with the close-out of the Project.
It is recommended that the City extend the existing Agreement with JLH an additional 15 months from May 1, 2023 through September 30, 2024 and increase the budget by $658,000. The budget increase is based on the following:
Item 1 – Project Management
JLH will provide project management services through July 2024 when the final project close-out report is due.
Based on the anticipated additional period of 17 months from February 2023 through July 2024 the corresponding budget is $290,700.00.
Item 2 – Construction Management
JLH will provide Resident Engineer services through the end of construction which is an additional eight months from February 2023. The corresponding budget is $276,800.00.
Item 3 – Performance Monitoring and Operating
JLH will provide assistance and oversight of data collection and compilation during the first operational cycle of the Project. This is anticipated to be an eight-month period beginning in December 2023 and ending on July 31, 2024.
The corresponding budget is $91,000.00.
CWE is the engineer of record and has been providing engineering support since the start of the Project. The original budget for engineering support services with CWE has since been increased. CWE has requested increases to cover the additional cost to provide review and recommendations regarding submittals, requests for information and substitutes as well as conducting periodic site visits and attending meetings and updating contractor provided information regarding the project drawings.
1148
It is recommended that the City extend the existing agreement with CWE through September 30, 2024 and that the budget be increased by an additional $75,000.00 for construction assistance. This work includes six additional site visits, sixteen submittal reviews, eight request for information reviews, two punch list reviews, final close-out, and preparation of as-built drawings for the project.
CONCLUSION:
Extending these agreements will ensure that the needed project management, construction management, performance monitoring and engineering support be provide through the close out of this project.
FISCAL IMPACT:
Funding for the project is $21,005,380.00 provided through a combination of contributions by the Cities; grant funding from the State of California Prop 1 Stormwater Program; Los Angeles County’s Safe Clean Water Program; and the Metropolitan Water District’s Stormwater Recharge Program.
ATTACHMENTS:
Description
Exhibit 1 - Agreement with JLH
Exhibit 2 - JLH Extension Letter
Exhibit 3 - Agreement with CWE
Exhibit 4 - CWE Extension Letter
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 1149
1150Exhibit 1
1151Exhibit 1
1152Exhibit 1
1153Exhibit 1
1154Exhibit 1
1155Exhibit 1
1156Exhibit 1
1157Exhibit 1
1158Exhibit 1
1159Exhibit 1
1160Exhibit 1
1161Exhibit 1
1162Exhibit 1
1163Exhibit 1
1164Exhibit 1
1165Exhibit 1
1166Exhibit 1
1167Exhibit 1
6131
ORANGETHORPE AVE. #300
BUENA PARK
CALIFORNIA
90620
(562) 802-7880
FAX (562) 802-2297
www.jlha.net
GENERAL ENGINEERING
LICENSE
A-582340
HAZARDOUS
SUBSTANCE
REMEDIATION
LIC. 3382
May 1, 2023
Mr. Michael B. O’Kelly
City Manager
7100 Garfield Avenue
Bell Gardens, CA 90201
Dear Mr. O’Kelly:
On May 1, 2018 the City and John L. Hunter and Associates (JLHA) entered into an agreement for JLH to provide project and construction management services for the John Anson Ford Park Infiltration Cistern Project (JAF Park Project). The original agreement was in the amount of $1,520,406.44 and the project was expected to be completed in three years. The agreement included an option exercisable by the City Manager to renew for two additional years.
On October 26, 2020 the City increased the scope of the JAF Park Project construction contract to add 13.5 acre feet of infiltration cistern to the 8 acre feet cistern in the original construction contract awarded on November 11, 2019. The construction contract completion date was extended to November 23, 2021. As a result of various change orders and weather delays the revised contract completion date was extended to January 25, 2022. However, the contractor is behind schedule and the date for completion of construction is now estimated to be October 2023.
The City exercised the option to renew the agreement with JLHA twice. The two extensions were made to facilitate the revised, extended construction date required when the scope of the construction contract was expanded to include a 13.5 acre-foot extension to the original construction contract.
JLHA has been providing construction management services since the inception of the project. The original approved budget for Project and Construction Management was increased twice., Due to the delays in the completion of the project the budget for JLHA’s contract to provide project and construction management services was expended as of February 2023. Since then, JLHA has continued to provide project management and construction management support on a time and material basis. As of April 30, 2023 two outstanding invoices have not been paid in the amount of $86,880.00. They are:
• Invoice BGIFPP12302 dated March 13, 2023 for $40,545.00 • Invoice BGIFPP12303 dated April 26, 2023 for $46,335.00
As of this writing it is estimated that the construction effort will be completed on October 31, 2023 resulting in the need for eight months of additional funding for construction management services. In addition, the State Grant requires that one year of performance monitoring data be collected and reported to the State. This performance monitoring data
1168Exhibit 2
will be collected concurrently with the close-out of the project, which is now scheduled to be completed in July 2024.
For the reasons described above we are requesting an additional budget increase of $658,000.00 based on the following:
Item 1 – Project Management
JLHA will provide project management services through July 2024 when the final project close-out report is due. Based on the anticipated additional period of 17 months from February 2023 through July 2024 the corresponding budget is $290,700.00.
Item 2 – Construction Management
JLHA will provide Resident Engineer services through the end of construction which is an additional eight months from February 2023. The corresponding budget is $276,800.00.
Item 3 – Performance Monitoring
JLHA will provide assistance and oversight of data collection and compilation during the first operational cycle of the project. This is anticipated to be a six-month period beginning in December 2023 and ending in June 2024. The corresponding budget is $91,000.00.
Summary of Requested Budget Increase
Item Description Requested Additional
Quantity Budget
Item 1 – Project Management 17 months $290,000
Item 2 – Resident Engineer 10 months $277,000
Item 3 – Performance Monitoring &
Reporting
6 months $91,000
Total -- $658,000
JLHA is requesting the City extend the existing Agreement through September 30, 2024 and increase the budget by $658,000.00.
If you have any questions or require additional information please call Mr. Desi Alvarez, the Project Manager at 310-739-1625.
Sincerely,
Ms. Jillian Brickey
Principal
John L. Hunter and Associates
Cc Ms. Veronica Sanchez, Bell Gardens Public Works Department 1169Exhibit 2
1170 Exhibit 3
1171 Exhibit 3
1172 Exhibit 3
1173 Exhibit 3
1174 Exhibit 3
1175 Exhibit 3
1176 Exhibit 3
1177 Exhibit 3
1178 Exhibit 3
1179 Exhibit 3
1180 Exhibit 3
1181 Exhibit 3
1182 Exhibit 3
1183 Exhibit 3
1184 Exhibit 3
1185 Exhibit 3
1186 Exhibit 3
1187 Exhibit 3
1188 Exhibit 3
1189 Exhibit 3
1190 Exhibit 3
1191 Exhibit 3
CWE
1561 E. ORANGETHORPE AVENUE
SUITE 240
FULLERTON, CA 92831-5202
(714) 526-7500 PHONE
(714) 526-7004 FAX
www.cwecorp.com
May 4, 2023
City of Bell Gardens
c/o Mr. Desi Alvarez
MCM Management Company
PO Box 3003
Manhattan Beach, CA 90266
John Anson Ford Park Infiltration Cistern Project
Additional Phase 1 and Phase 2 Construction Assistance
Dear Mr. Alvarez,
We have discussed in the past the effort required by all of us on the team to manage the contractor and the modifications to the design for the John Anson Ford Infiltration Cistern Project. We need to make you aware that to date we have expended most of our budget for Phase 1 and Phase 2 Bid and Construction Support task. Our previous contract extension expired at the beginning of May 2023 so we will also need an extension of time and at this time we estimate close out around September 30, 2023.
We have previously prepared and submitted contract amendments for additional Phase 1 work and our proposed budget for the Phase 2 Construction Assistance. We anticipate minimal Request for Information (RFI’s) and Submittals during final construction period of the project. From our previous experience there should be construction RFI’s, Submittals, site reviews for project issues, project start up, final job walk and punch list to be completed as well as reviewing the contractors Phase 2 Record Drawing Markups, and preparing Record Drawings for Phase 1 & 2 based upon the contractor’s field mark-ups We have estimated these services to prepare our fee estimate for the anticipated effort for the remainder of the Phase 1 and Phase 2 Construction Assistance, we have estimated this to be 17 months from May 2023 through September 30, 2024. This work includes and estimated; Twelve (12) site meetings
Twenty (20) Submittal Reviews
Fifteen (15) RFI’s
Two (2) final job walks and punch list review
Final Start-Up
Prepare As-Built Drawings Ph 1 (electronic submittal in pdf and AutoCAD) Review Contractors As-Built Markups and prepare As-Built Drawings Ph 2 Additional work not included in this scope of work such as additional submittal reviews, RFI’s, or meetings will be billed at additional time and materials cost.
1192Exhibit 4
We have included our fee estimate for additional budget and summarized this request into the following Contract Amendment item.
Phase 1 and Phase 2 Construction Assistance Amendment $75,000
If you have any questions or require additional information, please contact me at (714) 930-5570 Ext. 103 or [email protected].
Respectfully submitted,
CWE
William F Young, PE
Director of Engineering
1193Exhibit 4
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 11.
TO:
Honorable Mayor and City Council Members
FROM:
Michael B. O’Kelly, City Manager
BY:
Daisy Gomez, City Clerk
SUBJECT:
INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 2.61 (ELECTRONIC FILING) TO TITLE 2 (ADMINISTRATION AND PERSONNEL) TO THE BELL GARDENS
MUNICIPAL CODE RELATING TO ELECTRONIC FILING OF CAMPAIGN STATEMENTS
AND STATEMENTS OF ECONOMIC INTERESTS
DATE:
May 22, 2023
RECOMMENDATION:
It is staff's recommendation that the City Council waive full reading and introduce Ordinance No. 935 by title only, to add Chapter 2.61 (Electronic Filing) to Title 2 (Administration and Personnel) of the Bell Gardens Municipal Code relating to electronic filing of campaign statements and statements of economic interests.
BACKGROUND/DISCUSSION:
California Government Code Section 84615 allows local government agencies to adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file Political Reform Act documents online or electronically with the City Clerk provided that a legislative finding is made that the online or electronic filing system will operate securely and effectively and would not unduly burden filers.
The City Clerk's office processes approximately, 100 statements of economic interests on an annual basis and 10 open committees that file campaign statements on bi-annual basis. In election years campaign statements fluctuate depending on the number of candidates and committees and the additional pre-filings. The filers will receive reminders and amendments.
Government Code Section 84616 now requires local government agencies to post campaign statements and reports on the City's website within 72 hours of each filing deadline. Redaction of street name and building number, bank account number of the person or representative listed on the statement is required and is automatically done with an e-file system.
In order for the City Clerk to accept electronically filed statements, the City Council must adopt an ordinance permitting the use of an on-line filing system and designate the filings received electronically by the City Clerk's Office as the filings of record for the City. The ordinance must demonstrate a legislative finding that the system will operate securely and effectively, be of no cost to the filers, be available to the public to view filings, not place an undue burden on the filer and include procedures for filers to comply with the requirements that they sign statements and reports under penalty of perjury.
CONCLUSION:
Implementation of an electronic filing system will promote transparency and make it more convenient for committees, individuals, and the public. It provides 24-hour filing and viewing accessibility of campaign finance 1194
information from any computer.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Description
Exhibit 1 - Ordinance No. 935
Exhibit 2 - Staff Presentation
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 1195
ORDINANCE NO. 935
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEL L
GARDENS, CALIFORNIA, AMENDING TITLE 2 (ADMINISTRATION AND PERSONNEL) TO ADD CHAPTER 2.61 - ELECTRONIC FILING
SYSTEM, TO THE BELL GARDENS MUNICIPAL CODE APPROVIN G
ELECTRONIC AND PAPER METHODS OF FILING CAMPAIGN
FINANCE DISCLOSURE STATEMENTS
WHEREAS, the City of Bell Gardens (“City”) is a general law city, incorporated under the laws of the State of California; and
WHEREAS, California Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordi nance that requires an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Re form Act, except those whose contributions and expenditures each total less than Two Thousand Dollars ($2,000) in a calendar year, to file such statements, reports, or other documents online or electronically with the City Clerk; and
WHEREAS, the City will enter into an agreement with a vendo r certified by the Secretary of State for campaign disclosure document s that meets the requirements set by Government Code Section 84615; and
WHEREAS, the City Council finds that the electronic filing system will operate securely and effectively and will not unduly burden filers; will be available free of charge to filers and the public for viewing filings; and will include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council finds that the online or electron ic filing system will operate securely and effectively and will not unduly burden filers.
SECTION 3. The City Council hereby approves the addition of C hapter 2.61 — Electronic Filing System, to read as follows:
2.61 – ELECTRONIC FILING SYSTEM
2.61.010 Required Use of Electronic Filing System.
1196Exhibit 1
Ordinance No. 935
2 of 3
A. Except as set forth in 2.61.020, any elected off icer, candidate, committee, or other person required to file specified statemen ts, reports, forms, or other documents with the City Clerk as required by Chapter 4 (commencing with Section 84100 of Title 9 of the California Government Code, also known as the Political Reform Act), and that has received contributions or made expenditures of $2,000 or more in a calendar year, may electronically file such statements using the City's online system according to procedures established by the City Clerk. However, to ensure reporting continuity, once a statement, repo rt, form, or other document is filed electronically on behalf of any elected officer, candidate, committee, or other person, all future statements, reports, forms, and other documents filed on behalf of that officer, candidate, committee, or other person must be filed electronically.
B. An elected officer, candidate, committee, or oth er person may choose not to use the electronic filing system by filing all o riginal statements, reports, forms, or other documents in paper format with the City Clerk, until such time as the City Council determines that electronic filing is mandatory for all filers.
2.61.020 Paper Filing Not Required After Electronic Filing. Any elected officer, candidate, committee, or other person who has elect ronically filed a statement, report, form, or other document using the City's online sys tem is not required to also file a copy of that document in a paper format with the City Clerk.
2.61.030 Filing Options When a Copy Must be Filed w ith City Clerk. In any instance in which an original statement, report, form, or ot her document must be filed with the Secretary of State or other agency, and a copy of t hat document is required to be filed with the City Clerk, the filer may electronically file a copy with the City Clerk or may file in a paper format.
2.61.040 Paper Filing When Electronic Filing Unavai lable. If, for technical reasons, the City's system is not capable of accepting a par ticular type of statement, report, form or other document, an elected officer, candidate, committee, or other person shall timely file that document in paper format with the City Clerk.
2.61.050 Internet Posting of Data. The City Clerk s hall ensure that the City's system makes all electronically filed statements, reports, forms, or other documents available on the internet in an easily understood format that pr ovides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt/deadline. The data made available on the in ternet shall not contain the street name of the persons or entity representatives liste d on the electronically filed forms or any bank account number required to be disclosed by the filer. The City Clerk's office shall also make a complete, unredacted copy of the statement, report, form, or other document available to the Fair Political Practices Commission for Government Code Section 87200 filers.
2.61.060 Records Retention. The City Clerk's office shall maintain records according to the City's records retention schedule and applicable State law. 1197Exhibit 1
Ordinance No. 935
3 of 3
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, su ch decision shall not affect the validity of the remaining portions of this Ordinance. The C ity Council hereby declares that it would have adopted this Ordinance, and each section , subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, cla uses, phrases, or portions might subsequently be declared invalid or unconstitutional.
SECTION 4. The City Clerk shall certify the passage and adopt ion of this Ordinance and shall cause this Ordinance to be publ ished and/or posted as required by law, which shall take full force and effect thirty days from its adoption.
PASSED, APPROVED AND ADOPTED this XX day of XX June, 2023.
THE CITY OF BELL GARDENS
________________________________
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ _________________ _______________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
1198Exhibit 1
Daisy Gomez
City Clerk
May 22, 2023
City Of Bell Gardens
Electronic Filing of Campaign
Statements & Statements of
Economic Interests
Item No. 11
1199Exhibit 2
Inspections & Enforcement
ELECTRONIC FILING OF CAMPAIGN STATEMENTS & STATEMENTS OF ECONOMIC INTERESTS ELECTRONIC FILING OF CAMPAIGN STATEMENTS & STATEMENTS OF ECONOMIC INTERESTS • California Government Code Section 84615 allows local government to adopt an ordinance for those that are required to file Political Reform Act documents on-line or electronically. • Government Code Section 84616 requires local government agencies to post campaign statements and reports on the City’s website within 72 hours of each filing deadline.
LEGISLATION
1200Exhibit 2
Inspections & Enforcement
ELECTRONIC FILING OF CAMPAIGN STATEMENTS & STATEMENTS OF ECONOMIC INTERESTS ELECTRONIC FILING OF CAMPAIGN STATEMENTS & STATEMENTS OF ECONOMIC INTERESTS • The City Clerk’s office processes approximately:
90 Form 700 - Statement of Economic Interests filings
13 open Committees filing Campaign Statements on a bi-annual basis • During election years campaign statements fluctuate due to number of candidates running for office and ballot measures considered (semi-annual, 1 st pre-election & 2 nd pre-election).
CITY OF BELL GARDENS CURRENT INFO RE: FILERS
1201Exhibit 2
Inspections & Enforcement
ELECTRONIC FILING OF CAMPAIGN STATEMENTS & STATEMENTS OF ECONOMIC INTERESTSELECTRONIC FILING OF CAMPAIGN STATEMENTS & STATEMENTS OF ECONOMIC INTERESTS • Adoption of the proposed Ordinance is required to implement a certified electronic filing system of FPPC forms.
• The FPPC is required to approve an e-filing agency for the Form 700 Statement of Economic Interests.
REQUIREMENTS
1202Exhibit 2
Inspections & Enforcement
ELECTRONIC FILING OF CAMPAIGN STATEMENTS & STATEMENTS OF ECONOMIC INTERESTSELECTRONIC FILING OF CAMPAIGN STATEMENTS & STATEMENTS OF ECONOMIC INTERESTS • Implementation of an electronic filing system will promote:
• Transparency
• Convenience for committees, individuals and the public • Provides 24 hour filing and viewing accessibility of campaign finance information from any computer
• It also redacts information required by Government Code Section 84616 before being made available to the public
• Efficiently tracks/stores/sends reminder notices
• Filings go directly to FPPC
BENEFITS
1203Exhibit 2
AGENCIES WITH FPPC FORMS AUTOMATED
AGOURA HILLS LA PUENTA SANTA FE SPRINGS
AZUSA MALIBU SANTA MONICA
BURBANK MANHATTAN BEACH SOUTH PASADENA
CALABASS MONROVIA TEMPLE CITY
CERRITOS PALMDALE TORRANCE
COVINA PASADENA WEST HOLLYWOOD
CULVER CITY POMONA
DOWNEY RANCHO PALOS VERDES
GLENDALE REDONDO BEACH
GLENDORA SAN DIMAS
LANCASTER SAN GABRIEL
1204Exhibit 2
Inspections & Enforcement
ELECTRONIC FILING OF CAMPAIGN STATEMENTS & STATEMENTS OF ECONOMIC INTERESTS ELECTRONIC FILING OF CAMPAIGN STATEMENTS & STATEMENTS OF ECONOMIC INTERESTS
RECOMMENDATION
It is staff's recommendation that the City Council introduce by title only and waive further reading of an Ordinance to add Section 2.61 (Electronic Filing) to Title 2 (Administration and Personnel) of the Bell Gardens Municipal Code relating to electronic filing of Campaign Statements and Statements of Economic Interests.
1205Exhibit 2
Inspections & Enforcement
ELECTRONIC FILING OF CAMPAIGN STATEMENTS & STATEMENTS OF ECONOMIC INTERESTSELECTRONIC FILING OF CAMPAIGN STATEMENTS & STATEMENTS OF ECONOMIC INTERESTS QUESTIONS?
1206Exhibit 2
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 12.
TO:
Honorable Mayor and City Council Members
FROM:
Michael B. O'Kelly, City Manager
BY:
Bernardo Iniguez, Director of Public Works
Veronica Sanchez, Management Analyst
SUBJECT:
RESOLUTION APPROVING THE PURCHASE OF PLAYGROUND EQUIPMENT FOR
JULIA ASMUS PARK AND HANNON PARK
DATE:
May 22, 2023
RECOMMENDATION:
It is staff's recommendation that the City Council by motion:
1 .
Adopt the attached Resolution approving an agreement with Miracle Recreation Equipment Company, a
subcompany of a PlayPower, Inc. company
for the purchase of two playgrounds including installation for a total cost of $
440,230.98; and
2 .
Appropriate a not to exceed amount of $67,000.
BACKGROUND/DISCUSSION:
On January 31, 2022, the City submitted an application for the Clean California Local Grant Program (CCLGP).
After successfully completing the competitive application process, the City of Bell Gardens was awarded $510,067 for the “BG Keep Parks Clean Beautification Project”.
The “BG Keep Parks Clean Beautification Project” will renovate Julia Russ Asmus Park and Hannon Park by replacing existing playgrounds and adding new ADA rubber surfacing; replacing and adding new picnic tables and trash receptacles; installing new anti-litter signs, artwork, and signage about the history and culture of the community; and planting of trees. In addition, the project will launch a monthly “Keep Your Park Beautiful” outreach campaign and host biannual community cleanup events.
The grant project must be completed by June 30, 2024.
Cooperative Purchasing through Sourcewell
Under Section 3.04.100(E) of the Bell Gardens Municipal Code, the City's purchasing policy allows for an exception to the purchasing policy when the supplier offers the same or better price, terms and conditions as a supplier offered as the lowest responsible bidder under a competitive procurement conducted by another city or public agency.
Bell
Gardens is a member of Sourcewell (formerly National Joint Powers Alliance NJPA) and membership entitles the
City to access competitively bid national contracts.
Sourcewell was created by state law as a service cooperative to provide programs and services to education and government. As a service cooperative, Sourcewell is a local government unit, public corporation, and public agency 1207
created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members. Participation is open to all levels of governmental entity, higher education, K- 12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell is authorized to establish competitively awarded cooperative purchasing contracts on behalf of itself and its participating agencies. Sourcewell follows the competitive contracting law process to solicit, evaluate, and award cooperative purchasing contracts for goods and services.
On
November 10, 2020,
Sourcewell (hereinafter, “Sourcewell”) issued a Request for Proposals (“Sourcewell RFP”) for
Playground and Water Play Equipment with Related Accessories and Services (RFP #010521). On January 5,
2021, PlayPower, Inc. submitted a proposal
and on February 15, 2021
,
PlayPower, Inc
was awarded a Solicitation
Contract
#
010521-LTS which expires February 17, 2025
.
Staff obtained the following quotes for the demolition, disposal of existing and replacement of the new playgrounds as follows:
Amus Park $231,752.38
Custom Playground (R0036_44543406546), Bench, Independent Pedestal Table and Receptacle Hannon Park $208,478.60
Custom Playground (R0036_44543517111), Bench, Independent Pedestal Table and Receptacle
These quotes were provided by Miracle Recreation Equipment Company, a subcompany of PlayPower, Inc. and are based on the PlayPower, Inc.’s cooperative purchasing contract with Sourcewell.
Given that there has been a significant price increase in equipment since the grant application was submitted in 2022, Staff is requesting an appropriation of $67,000 of general funds to cover the shortfall.
CONCLUSION:
With Council approval of the proposed agreement with Miracle Recreation Equipment Company, a subcompany of PlayPower, Inc., the City as a public agency will be able to utilize their
cooperative agreement with Sourcewell for the
two playgrounds.
FISCAL IMPACT:
The replacement of these playgrounds will be primarily paid by the Clean California Local Grant Program (CCLGP) funds as part of the “BG Keep Parks Clean Beautification Project” and the short fall amount of $67,000 will be covered by an appropriation of general funds.
ATTACHMENTS:
Description
Exhibit 1 - Resolution No. 2023-37
Exhibit 2 - Agreement with Exhibits
Exhibit 3 - Presentation
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 1208
RESOLUTION NO. 2023-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEL L
GARDENS, CALIFORNIA, APPROVING AN AGREEMENT WITH
MIRACLE RECREATION EQUIPMENT COMPANY, A SUBCOMPANY
OF PLAYPOWER, INC.
WHEREAS, under Section 3.04.100E of the Bell Gardens Munici pal Code, the City’s purchasing policy allows for an exception wh en the supplier offers the same or better price, terms and conditions as a supplier of fers the lowest responsible bidder under a competitive procurement conducted by another city or public agency; and WHEREAS, Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the S tate of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative p rocurement solutions to its members; and
WHEREAS, on November 10, 2020, Sourcewell (hereinafter, “Sou rcewell”) issued a Request for Proposals (“Sourcewell RFP”) f or Playground and Water Play Equipment with Related Accessories and Services (RFP #010521); and WHEREAS, on January 5, 2021, Playpower, Inc. submitted a proposal; and WHEREAS, on February 15, 2021, Playpower, Inc. was awarded S olicitation Contract #010521-LTS; and
WHEREAS, Miracle Recreation Equipment Company is a subcompan y of Playpower, Inc.; and
WHEREAS, the City of Bell Gardens is a member of National Jo int Powers Alliance (NJPA) and as member the City is entitled to access competitively bid national contracts; and
WHEREAS, the City of Bell Gardens Public Works Department re quires the purchase and installation of playground equipment a t Julia Asmus Park and Hannon Park; and
WHEREAS, the City Council finds that the City has complied w ith the procurement process; and
WHEREAS, the City desires enter into an agreement with Mirac le Recreation Equipment Company, a subcompany of PlayPower, Inc., for the purchase and installation of playground equipment under contract #010521-LTS for the total cost of 1209Exhibit 1
Resolution No. 2023-37
2 of 3
$440,230.98.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council finds that the City has complied w ith local, state and federal requirements for procurement as members of National Joint Powers Alliance (NJPA).
SECTION 3. The City Council hereby approves an agreement with Miracle Recreation Equipment Company, a subcompany of PlayP ower, Inc. for the purchase and installation of playground equipment under contract #010521-LTS for the total cost of $440,230.98.
SECTION 4. The City Council further authorizes the City Manager to execute the agreement with Miracle Recreation Equipment Company , a subcompany of PlayPower, Inc., consistent with this resolution al ong with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 5. The City Clerk shall attest and certify to the pass age and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED and ADOPTED this 22 nd May, 2023.
THE CITY OF BELL GARDENS
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:
1210Exhibit 1
Resolution No. 2023-37
3 of 3
________________________________ _________________ _______________ Rick Olivarez Daisy Gomez
City Attorney City Clerk
1211Exhibit 1
1 2023
EQUIPMENT PROCUREMENT AGREEMENT
(Procurement: Purchase and Installation of Playground Equipment at Julia Asmus Park and Hannon Park)
(Parties: City of Bell Gardens and Miracle Recreation Equipment Company, a Subcompany of PlayPower, Inc.)
THIS EQUIPMENT PROCUREMENT AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of _________________ 2023 by and between the CITY OF BELL GARDENS , a municipal corporation (hereinafter, “City ”) and
MIRACLE RECREATION EQUIPMENT COMPANY, A SUBCOMPANY OF
PLAYPOWER, INC. (hereinafter, “Vendor”). For the purposes of this Agreement, City and Vendor may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to City or Vendor interchangeably.
RECITALS
WHEREAS, City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and
WHEREAS, City requires purchase and installation of playground equipment at Julia Asmus Park and Hannon Park; and
WHEREAS, per Section 3.04.100(E) ( Exceptions) of Chapter 3. 04 (Purchasing System) of the Bell Gardens Municipal Code (hereinafter, “Section 3.04.100”), states that the purchasing policy may be dispensed with when supplies, services or equipment can be produced from a supplier who offers the same or better prices, terms and/or conditions as the supplier previously offered as the lowest responsible bidder under competitive procurement conducted by another city or public agency; and
WHEREAS, on November 10, 2020, Sourcewell (hereinafter, “Sourcewell”) issued a Request for Proposals (“Sourcewell RFP”) for Playground and Water Play Equipment with Related Accessories and Services (RFP #010521); and
WHEREAS, on January 5, 2021, Vendor submitted a proposal; and
WHEREAS, on February 15, 2021, Vendor was awarded a Solicitation Contract #010521-LTS, (hereinafter Sourcewell Contract); and
WHEREAS, authorized under Section 3.04.100(E) of the Bell Gardens Municipal Code but such to certain terms and conditions set for th, City wishes to avail itself to the opportunity to purchase certain equipment and services that meet the specifications of the Sourcewell Contract at the same unit pricing and rates given to Sourcewell under the Sourcewell Contract; and
WHEREAS, the City as a public agency will be able to utilize Vendor’s cooperative 1212Exhibit 2
2 agreement with Sourcewell, to purchase directly from Vendor; and
WHEREAS, City desires to enter into an agreement with Vendor for the purchase and installation of playground equipment at Julia Asmus Park and Hannon Park, upon the conditions set forth below.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Vendor, agree as follows:
Section 1. DESCRIPTION OF MATERIALS AND SERVICES
A. Subject to all the terms and conditions of this Agreement, Vendor agrees to sell and install playground equipment as described in the C ity’s General Provisions (hereinafter, “General Provisions”) and in Vendor’s Quotes #MREC 3327, dated January 11, 2023, and #MREC 3318, dated January 10, 2023 (collectively referred to hereinafter, as the “Quotation”). A true and correct copy of the City’s General Provisions and Vendor ’s Quotation are attached and incorporated hereto as Exhibit “A” and Exhibit “B” respectively. For purposes of this Agreement, the capitalized term “ Equipment” shall refer to the purchase and installation of the playground equipment as listed in the Sourcewell RFP. The unit prices charged by Vendor to City for the Equipment listed in the Quotation shall be no greater than the unit prices charged to So urcewell under the Sourcewell RFP. Except as otherwise provided herein the Equipment shall, in all respects , meet the specifications for identical Equipment set forth under the Sourcewell RFP and shall be subject to all warranties set forth under the Sour cewell RFP and Sourcewell Contract (Collectively referred to as “ Sourcewell Documents”). A true and correct copy of the Sourcewell Documents are attached and incorporated hereto as Exhibit “C”.
B. Vendor’s performance under this Agreement includes all transportation services, labor, material, tools and equipment necessary for Vendor to complete its delivery and installation at the location(s) specified by the City Representatives in a good workmanlike manner. Vendor shall not commence the delivery and installation of the Equipment until such time as C ity issues a written notice to proceed (hereinafter, the “Notice to Proceed”) with the delivery, which notice shall specify the date, time and location of the delivery along with such other written instructions as may be provided by the City Representatives.
C. Vendor shall perform all services and tasks contemplated under this Agreement continuously and with due diligence. Vendor shall, among other things, be responsible for the delivery and installation of the Equipment to City and shall also provide its delivery personnel with all equipment and tools necessary to move the Equipment to the location(s) specified by the City representatives. City shall in no way be responsible for undertaking the delivery or installation of the Equipment with its own personnel or any other contracted third- party, nor shall City be responsible for providing Vendor ’s personnel with training, tools or equipment required to deliver the Equipment. The Equipment installation shall occur by April 1213Exhibit 2
3 30, 2024.
D. The Equipment installation shall be subject to inspection by C ity and may be rejected by City if the Equipment does not meet the specifications called for under this Agreement or is otherwise defective. The Equipment installation shall be considered accepted upon City’s issuance of a written Notice of Acceptance, which shall not be unreasonably withheld or delayed. At any time prior to the issuance of a Notice of Acceptance, City may reject, return and demand the replacement of the Equipment which does not meet the required specifications or is defective and the cost of returning and replacing the Equipment shall be bor ne solely and exclusively by Vendor . At C ity’s option, Equipment that is rejected and returned by City shall be promptly replaced by Vendor or the cost of such Equipment shall be credited or refunded to City. No payment shall be required until replacement is complete. Vendor shall replace any and all Equipment lost during delivery. Prior to the issuance of such Notice of Acceptance, Vendor , at Vendor’s sole cost and expense, shall be required to make all s uch repairs, modifications or corrections to the Equipment installation as may be necessary to ensure that the Equipment installation is performed in accordance with the agreed specifications or replace any and all defective or incompatible parts as may be necessary to ensure that the Equipment installation is performed in accordance with the established specifications.
E. City’s acceptance of the Equipment installation shall be conditioned upon the final inspection by City, as specified under Section 5 of th is Agreement, below, to ensure that the Equipment installation satisfies the requirements of the City and is capable of performing in accordance with performance standards set forth in the specifications of the Sourcewell RFP. City reserves the right to direct to replac e, at no additional cost to C ity, any Equipment which is determined to be damaged, defective or other non-compliant with such specifications.
F. Coordinated Equipment will take place during the standard business hours.
Section 2. STANDARD OF CARE
A. Vendor represents, acknowledges and agrees as follows:
1. Vendor shall perform all work and services contemplated under this Agreement skillfully, competently and to the highest standards applicable to the Vendor’s field;
2. Vendor shall perform all work in a manner reasonably satisfactory to the City;
3. Vendor shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.);
1214Exhibit 2
4 4. Vendor understands the nature and scope of the work to be performed under this Agreement as well as any and all schedules of performance;
5. All of Vendor’s employees and agents (including but not limited to Vendor’s subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; and
6. All of Vendor’s employees and agents (including but not limited to Vendor’s subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement.
The Parties acknowledge and agree that Vendor’s acceptance of any work performed by or on Vendor ’s behalf shall not constitute a release of any defects or damage to the Equipment undetectable or otherwise unknown to C ity at the time of acceptance. The Parties further acknowledge, understand and agree that C ity has relied upon the foregoing representations of Vendor, including but not limited to the representation that possesses the skills, training, knowledge and experience necessary to perform all services and tasks contemplated under this Agreement in a skillful and competent manner.
Section 3. REPRESENTATIVES
A. City Representative . For the purposes of this Agreement, the Agreement administrator and City’s representative shall be the Director of Public Works or their designee (hereinafter, the “City Representative”). It shall be Vendor ’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services and Vendor shall refer any decisions which must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.
B. Vendor Representative. For the purposes of this Agreement , John Jason, Sales Representative, is hereby designated as the principal and representative of Vendor authorized to act on its behalf with respect to Vendor ’s performance under this Agreement and to make all decisions in connection therewith (the “ Vendor Representative”). Notice to the Vendor Representative shall be written to constitute notice to Vendor.
Section 4. VENDOR’S PERSONNEL
A. Vendor represents that it has, or will secure at its own expense, all personnel required to perform the services and tasks required under this Agreement. All such 1215Exhibit 2
5 services will be performed by or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services.
B. Vendor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.
C. In the event that C ity, in its sole and absolute discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned to perform services pursuant to this Agreement, Vendor shall remove any such person immediately upon receiving notic e from C ity of the desire of C ity for the removal of such person or persons.
D. Vendor shall be responsible for payment of all employees’ and subcontractors ’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
E. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., Vendor and any subcontractor under Vendor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, Vendor is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for hol idays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the office of the Secretary, which copies shall be made available to any interested party on request.
F. Permits and Licenses . Vendor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City business license.
Section 5. INSTRUCTION ON MAINTENANCE
City’s personnel in coordination with Vendor’s personnel shall have a period of thirty (30) calendar days from the date the Equipment is delivered and installed to run performance tests of the Equipment in order to determine whether or not the Equipment meets specifications, is not damaged and is functioning properly. Vendor, during the testing and inspection period contemplated herein, shall also provide City personnel with instruction and training on maintenance of the Equipment and shall supply City with true and correct copies of all technical specifications, operating manuals and other materials relating to the maintenance and upkeep of the Equipment. The foregoing shall be in addition to and not in lieu of any training program specified under the Sourcewell RFP. Unless otherwise notified in writing, the Equipment shall be deemed accepted following the end of the 30- day testing and instruction period. C ity’s issuance of notification of conditions, circumstances or other factors which make the C ity unwilling to accept the Equipment 1216Exhibit 2
6 installation shall toll, the expiration of the 30- day testing and instruction period as to all Equipment.
Section 6. WARRANTIES
Vendor shall extend to City all such warranties for the Equipment provided to Sourcewell under the Sourcewell RFP and Sourcewell Contract subject to the same terms and conditions set forth therein, including but not limited to the warranties referenced under Section C of the Sourcewell RFP and Section B of the Sourcewell Contract.
Section 7. COMPENSATION
A. Compensation for Surfacing. Vendor shall sell, deliver and install the Equipment as referenced in the Quotation at unit pricing that is no greater than the unit pricing provided to Sourcewell for identical services under the Sourcewell Documents.
The foregoing notw ithstanding, in no event may Vendor ’s total aggregate compensation for the sale, delivery and installation of the Equipment exceed the aggregate sum of FOUR HUNDRED FORTY THOUSAND TWO HUNDRED THIRTY DOLLARS NINETY CENTS ($440,230.98) (hereinafter, the “ Not-to- Exceed Amount”).
Section 8. SURETY BOND
A. Performance Bond. Vendor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total Not -to-Exceed Sum.
The Performance Bond shall be in a form approved by City . No payment shall be made to Vendor until the Performance Bond has been received and approved by the City or the requirement for the Performance Bond has been waived.
B. Labor and Materials Bond. Vendor shall execute and provide to City concurrently with this Agreement a Labor and Materials Bond in the amount of the Not -to- Exceed Sum. The Labor and Materials Bond shall be in a form approved by City .
No payment shall be made to Vendor until the Labor and Materials Bond has been received and approved by the City.
Section 9. PROHIBITED INTERESTS
Vendor warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Vendor , any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, City shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material 1217Exhibit 2
7 benefit arising therefrom.
Section 10. INDEPENDENT CONTRACTOR
Vendor will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute as an agent, servant, or employee of C ity and shall not and is not intended to create the relationship of partnership, joint ven ture or association between City and Vendor.
Section 11. RECORDS AND INSPECTION
Vendor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. C ity shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. This right inspection shall not extend to the makeup of lump sum prices, day rates, or profit margins.
Section 12. CONFLICTS OF INTEREST
Vendor hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with in connection with this project. Vendor hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any C ity ordinance, state law or federal statute. Vendor agrees that a clause substantially similar to this Section shall be incorporated into any sub- contract that executes in connection with the performance of this Agreement.
Section 13. INDEMNIFICATION
Vendor shall indemnify, defend and hold harmless the C ity, its elected and appointed officials, commissioners, officers, employees, agents and volunteers for the same types of loss, claims, suits, actions, damages and causes of action and to the same extent afforded the Sourcewell, Sourcewell’s officials, commis sioners, officers, agents, employees and volunteers.
Section 14. INSURANCE
Vendor shall at all times during its period of performance under this Agreement maintain all policies of insurance at the same coverage levels and of the same type and scope as set forth under Section 18 of the Sourcewell Contract.
1218Exhibit 2
8 Section 15. MUTUAL COOPERATION
A. C ity shall provide all pertinent data, documents and other requested information as is reasonably available for the proper performance of Vendor services.
B. In the ev ent any claim or action is brought against C ity relating to Vendor performance in connection with this Agreement, Vendor shall render any reasonable assistance that City may require.
Section 16. TERMINATION FOR CONVENIENCE; TERMINATION FOR CAUSE
A. Termination for Convenience. Prior to the issuance of C ity’s written Notice to Proceed, C ity may immediately terminate this Agreement, inclusive of the purchase of the Equipment, without cause, without liability and free of any charge or cost to City. After the City’s issuance of a written Notice to Proceed, C ity may immediately terminate this Agreement for convenience and without cause. Such termination for convenience shall be made in writing signed by the City Representative specifying the effective date of such termination. Vendor may only terminate this Agreement for cause. Except as otherwise provided herein, in the event of C ity’s termination of this Agreement for convenience, Vendor shall be compensated for such Equipment delivered to and accepted by City and for such services performed up to the effective date of the termination.
B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under subsection 1 6(C) below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) Vendor’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) Vendor’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Vendor , whether voluntary of involuntary; (iv) Vendor’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) C ity’s discovery that a statement representation or warranty by relating to this Agreement is false or erroneous in any material respect.
1219Exhibit 2
9 C. Vendor shall cure the following Events of Defaults within the following time periods:
1. Within ten (10) calendar days of City’s issuance of a Default Notice for any failure to timely provide City or its agents with any information and/or written reports, documentation or work product which Vendor is obligated to provide to City or its agents under this Agreement. Prior to the expiration of the 10- day cure period, Vendor may submit a written request for additional time to cure the Event of Default upon a showing that it has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10- day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 10-day cure period; or
2. Within fifteen (15) calendar days of C ity’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 15-day cure period, may submit a written request for additional time to cure the Event of Default upon a showing that has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30- day cure period. The foregoing notwithstanding, C ity shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds fifteen (15) calendar days from the end of the initial 15-day cure period.
If an Event of Default relates to a material falsehood or misrepresentation set forth in the Surfacing specifications that is not susceptible to a cure, C ity in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by City.
D. Except as otherwise s pecified in this Agreement, C ity shall cure any Event of Default asserted by within forty-five (45) calendar days of Vendor’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45 -day cure period.
The foregoing notwithstanding, an Event of Default dealing with C ity’s failure to timely pay any undisputed sums to shall be cured by City within thirty (30) calendar days from the date of Vendor’s Default Notice to City.
E. City, in its sole and absolute discretion, may also immediately suspend Vendor ’s performance under this Agreement (or the performance of any specific task or 1220Exhibit 2
10 function performed by under this Agreement) pending Vendor’s cure of any Event of Default by giving written notice of City’s intent to suspend Vendor’s performance (hereinafter, a “Suspension Notice”). City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Vendor shall be compensated only for those services and tasks which have been rendered by to the reasonable satisfaction of City up to the effective date of the suspension.
No actual or asserted breach of this Agreement on the part of City shall operate to prohibit or otherwise restrict C ity’s ability to suspend this Agreement as provided herein.
F. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
G. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
1. Upon written notice to Vendor , the C ity may immediately terminate this Agreement in whole or in part;
2. Upon written notice to Vendor, the City may extend the time of performance;
3. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Vendor’s breach of the Agreement, obtain specific performance from Vendor or to terminate the Agreement; or
4. The City may exercise any other available and lawful right or remedy.
H. In the event City is in breach of this Agreement, Vendor’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to under this Agreement for completed services and tasks. In no event shall Vendor be entitled to receive more than the amount that would be paid to for the full performance of the services required by this Agreement.
I. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
1221Exhibit 2
11 Section 17. FORCE MAJEURE
Vendor shall not be liable for any failure to perform if presents acceptable evidence, in City’s reasonable judgment, that such failure was due to causes beyond the control and without the fault or negligence of Vendor . In the event that a FORCE MAJEURE ev ent materially increases the Vendor ’s costs of performance hereunder then C ity shall make an equitable contribution to all such increased costs of performance to the extent that such costs are not covered by Vendor’s insurances.
Section 18. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during Vendor and C ity’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.
If to CITY: If to MIRACLE RECREATION EQUIPMENT
COMPANY, A SUBCOMPANY OF
PLAYPOWER, INC.:
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Director of Public Works
Miracle Recreation Equipment Company, a
Subcompany of PlayPower, Inc.
9106 Pulsar Ct.
Corona, CA
Attn: John Jason, Sales Representative
Phone: (800)264-7225
Section 19. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
In the performance of this Agreement, shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation or other basis prohibited by law will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
Section 20. PROHIBITION AGAINST ASSIGNMENT
Vendor shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without C ity’s prior written consent, which shall not be unreasonably withheld or delayed and any attempt to do so shall be void and of no effect.
City shall not be obligated or liable under this Agreement to any party other than Vendor.
1222Exhibit 2
12 Section 21. ATTORNEY FEES
In the event that City or Vendor commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney’s fees.
Section 22. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between C ity and Vendor with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by both City and Vendor.
Section 23. GOVERNING LAW; JURISDICTION
This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, with out exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
Section 24. SEVERABILITY
Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of thi s Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Section 25. AMENDMENT; MODIFICATION
No amendment, modification or suppleme nt of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to C ity approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.
Section 26. CAPTIONS
The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.
1223Exhibit 2
13 Section 27. AUTHORIZATION
Both parties represent and warrant that the person executing this Agreement on behalf of each party is an authorized agent who has actual authority to bind each party to each and every term, condition, and obligation of this Agreement and that all requirements of each party have been fulfilled to provide such actual authority.
Section 28. SURVIVAL OF PROVISIONS AND OBLIGATIONS
Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive ter mination of this Agreement.
Section 29. EXECUTION
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
1224Exhibit 2
14 TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
CITY OF BELL GARDENS MIRACLE RECREATION EQUIPMENT
COMPANY, A SUBCOMPANY OF
PLAYPOWER, INC.
By:_____________________________ By:_____________________________ Michael B. O’Kelly, City Manager
Date:_______________ Date:__________________
Approved as to form:
By:
Stephanie Vasquez, City Attorney
1225Exhibit 2
15 EXHIBIT “A”
GENERAL PROVISIONS
1226Exhibit 2
EXHIBIT 1 – GENERAL PROVISIONS
I. Overview- Scope of Work
The work shall be performed at Asmus Park , 8321 Jaboneria Road, Bell Gardens, CA 90201 (work site ) at the site, all of which is known as the “BG Keep Parks Clean Beautification Project” (the “Project”). The work consists of the provision and installation of a custom 5 -12 year old playground from Miracle Recreation Equipment Company (Drawing R0036_445434065456), 6’ bench with back punched steel inground advantage coating, 8’ independent pedestal table punched steel inground mount advantage coating, and 84 gallon trash receptacle punch steel, advantage coating includes steel dome lid, liner, inground mount including freight and mobilization. All work shall be performed according to the requirements in the “General Provisions”.
II. Contractor will perform the following services and deliver the following products, including the provision of all labor and equipment necessary therefore:
Item 1 – Playground
Contractor will provide and deliver to City all materials and equipment for the installation of the new playground surfacing at work site.
Supplying a custom 5 -12 year old playground from Miracle Recreation Equipment Company (Drawing R0036_445434065456), 6’ bench with back punched steel inground advantage coating, 8’ independent pedestal table punched steel inground mount advantage coating, and 84 gallon trash receptacle punch steel, advantage coating includes steel dome lid, liner, inground mount including freight and mobilization.
Item 2 – Demolition and disposal
Demolition and disposal of existing equipment, demolition and disposal of exiting pour in place rubber surfacing, approximately 800 square feet, demolition and disposal of existing rubber mulch, approximately 2,000 square feet, demolition and disposal of existing turn down curb, approximately 100 linear feet.
Item 3- Site Preparation
Construction of concrete ledge curb along perimeter, approximately 219 linear feet.
Provide grade and compact sub base materials
Item 4 – Installation
Installation only of Miracle Recreation Equipment – Refer to MREC drawing R0025_44543406546 to be installed per manufacturer’s specifications. Ortco is a MREC Certified Installer.
Provide and install pour in place rubber surfacing, approximately 2,800 square feet for an average CFH of 8’ 40/40 black and standard color with aromatic binder (excludes designs and graphics).
1227Exhibit 2
Installation only of benches to be installed in ground.
Installation only of tables, to be installed in ground.
Installation only of trash receptacle to be installed in ground.
Item 5 – Bonds
Contractor will procure a Performance Bond and a Payment Bond as required under this Agreement.
III. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
IV. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
V. The City hereby approves Contractor’s use of the following subcontractors to perform the following Tasks:
Installation only of Miracle Recreation Equipment – Refer to MREC Drawing R0036_44543406546 to be installed per manufacturer’s specifications.
ORTCO INC.
2163 N. Glassell
Orange, CA 92865
1228Exhibit 2
EXHIBIT A-1
GENERAL PROVISIONS
Section I – General
1-1 Location and Description of Work
The site at which this work will be accomplished is Asmus Park , 8321 Jaboneria Road, Bell Gardens, CA. Playground rubber surfacing, demolition and disposal of existing rubber mulch, demolition, and disposal of existing turn down curb provision and installation of new playground surfacing at work site.
1-2 to 1-4. Intentionally left blank.
1-5 Record Drawings
The Contractor shall have on file a minimum of one (1) set of Construction Drawings, hereinafter referred to as “RECORD DRAWINGS,” upon which he/she shall record all variations between the work as built and as originally shown on the Construction Drawings or other Contract Documents. Said record drawings shall be supplemented by any detailed sketches as necessary or as directed by the Engineer to indicate fully the work as actually constructed. Said record drawings shall be kept at the job site and shall be accessible at all times during the construction period and shall be delivered to the Director within ten (10) days after completion of the work. 1-6 to 1-15. Intentionally left blank.
1-16 Site Conditions and Restrictions
1-16.1 “Time of Completion”:
(1) The Contractor shall perform no Work on days other than Working Days or outside of normal working hours (defined as the hours between 7:00 a.m. to 5:00 p.m.) without the consent of the Engineer, unless otherwise specified. In any event, all Work sh all be subject to approval of the Engineer. Before starting such work, the Contractor shall make arrangements with the Engineer for the continuous or periodic inspection of the work and tests of materials, when necessary. If the Contractor requests permission to perform Work outside of the above time periods and if the City grants such request, the Contractor shall pay all extra expense to the City for inspection and other incidental expenses caused by such overtime W ork. If the City requests the Contractor to work overtime or if overtime Work is specifically required by these Specifications, the City will pay all extra expense of inspection.
(2) If the Contractor finds it necessary, in order to complete the work accordin g to schedule, to perform certain of its operations outside of Working Days or normal working hours, these operations shall be performed as part of the Work included in the Contract Price and shall not constitute a basis for additional payments. 1229Exhibit 2
1-16.2 Access for emergency vehicles throughout the project shall be maintained at all times.
1-17. Intentionally left blank.
1-18 Traffic Control and Access
1-18.1 The Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in acc ordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
1-18.2 The Contractor shall maintain two- way traffic on all streets at all times. Lane closures permitted with the prior approval of the City Engineer and shall conform to Caltrans or Watch Manual guidelines.
1-18.3 The Contractor shall maintain all travel lanes open during non- work hours except as may be allowed at the Agency’s convenience and discretion to expedite the work. 1-19 Protection and Restoration of Existing Improvements Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor’s operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor’s operations under this Contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on this situation within a reasonable time period, the City will provide suitable protection of said interests by causing such work to be done and material to be furnished as may seem reasonable and necessary at the expense of the Contractor.
1-19.1 “Responsibilities of the Contractor”
(1) The Contractor shall become familiar with all existing improvements and facilities, both public and private, on the Work site and provide adequate safeguards to prevent damage to existing structures and improvements. The Contractor shall repair any damage to property from any cause that might have been prevented by the Contractor, the Contractor’s employees, agents or subcontractors within five calendar days after such damage occurs, at the Contractor’s sole cost and expense. The Contractor shall repair water service breaks the same day. In the event that the Contractor fails to repair such damages, the City will make the repairs, or cause them to be m ade, and will deduct the cost of repairs from the money due or to become due to the Contractor. (6) In accordance with the requirements of Section 21464 of the Vehicle code of the State of California, no person shall without lawful authority remove any official traffic control device, guidepost or signpost placed or erected as authorized or required by law.
Therefore, the Contractor shall not remove or relocate any such existing traffic control device, guidepost or signpost located within the alignment of or interfering with the new 1230Exhibit 2
construction work required herein without first obtaining permission to do so from the Police Department of the City of Bell Gardens.
1-20 Claim Notification
If the Contractor should claim that any instruction, request, drawings, specification, action, condition, omission, default, or other situation obligates the City to p ay additional compensation to the Contractor or to grant an extension of time for the Completion of the Contract, or constitutes a waiver of any provision in the contract, he shall notify the Engineer, in writing, of such claim within 10 days from the date he has actual or constructive notice of the factual basis supporting the claim. The Contractor's failure to notify the engineer within such ten (10) day period shall be deemed a waiver and relinquishment of the claim against the City.
1-21 Specification Changes
No changes, additions or deletions will be made to these specifications and plans unless directed by the Engineer.
1-22 to 1-23 – Intentionally left blank.
1-25. Intentionally left blank.
1-26 Superintendence by Contractor
The Contractor shall designate by letter to the City Engineer a competent superintendent, satisfactory to the City Engineer and with authority to act for the Contractor. The designated superintendent shall be on the job site at all times during performance until the work is compl eted and accepted by the City. Work will not be performed in the absence of a competent superintendent. Should a change in the job superintendent be necessary, the City Engineer shall be notified by letter. 1-27 Clean-Up
Clean-up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed daily, and any damage sustained on the work of others shall be repaired to original conditions. WASH DOWNS ARE PROHIBITED.
1-28 Removal and Disposal of Materials
All materials removed shall become the property of the Contractor and shall be disposed of outside the right -of-way unless otherwise specified. Materials that are removed shall be disposed of in a legal manner by the Contractor. The Contractor shall make its own arrangements for disposing of materials and it shall pay all costs involved. It is the Contractor’s responsibility to remove and export any environmentally impacted material to an appropriate class landfill for the material encountered and to provide to the Owner all required manifests for the disposal of said material. The cost of Removing and Disposing of Materials shall be included in the various Contract items of Work and no 1231Exhibit 2
additional compensation will be allowed therefor. All construction debris is to be disposed of in accordance with the City of Bell Gardens Recycling Policy. The contactor shall be responsible for the payment of any deposits to the City of Bell Gardens , as part of the Recycling Policy. Please note that such deposits are refundable only after the contractor has provided the required documentation to substantiate compliance with the Recycling Policy.
1-29 to 1-32 Intentionally left blank.
1-33 Public Convenience, Public Safety, Signing and Traffic Control 1-33.1 The Contractor shall not close traffic lanes on arterial streets before 8:30a.m. or after 3:30 p.m. without consent of the Engineer.
1-33.2 Intentionally left blank.
1-35 Removal and Disposal of Materials
All materials removed shall become the property of the Contractor. Materials that are removed shall be disposed of in a legal manner by the contractor. The contractor shall make its own arrangements for disposing of materials and it shall pay all costs involved.
The cost of Removing and Disposing of Materials shall be included in the various contract items of work and no additional compensation will be allowed therefore. 1-36. Intentionally left blank.
(1) 1-38. Intentionally left blank.
1-40 Materials and Workmanship
1-40.1 “Protection of Work and Materials”:
a. The Contractor shall remove and replace materials damaged by the Contractor’s operations at the Contractor’s sole expense before the final inspection and acceptance. (2) “Test of Materials”:
a. The Contractor shall submit samples of materials, at the Contractor’s sole expense, as the Engineer may require, 15 days in advance of being incorporated in the Work to a testing laboratory designated by the City.
b. Samples of materials to be tested shall be properly identified and shall establish exact nature and character of materials. The City may reject any material or part thereof that proves defective as a result of testing and requires satisfactory replacement. (3) “Trade Names or Equals”:
a. Where a specific manufacturer is noted on the Plans or listed in the Specifications, unless otherwise noted, an “approved equal” item may be substituted. 1232Exhibit 2
b. If a Bidder desires to bid an” approved equal” item, the Bidder shall submit a request to do so to the Engineer in writing by the time and as shown in the Instructions to Bidders.
1-41. Intentionally left blank.
1.42 Air Pollution Control
The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any Work performed pursuant to the Contract, including any air pollution control rules, regulations, ordinances and statutes, specified in Section 11017 of the Government Code. In the absence of any applicable air pollution control rules, regulations, ordinances or statues governing solvents, all solvents, including but not limited to the solvent portions of paints, thinners, curing compounds, and liquid asphalt used on the Project shall comply with the applicable m aterial requirements of the South Coast Air Quality Management District (SCAQMD). All containers of paint, thinner, curing compound or liquid asphalt shall be labeled to indicate that the contents fully comply with said requirements. Material to be disposed of shall not be burned, either inside or outside of the premises. The provisions of Section 300-1.3, "Removal and Disposal of Materials", of the SSPWC permitting disposal of material by burning shall not apply. 1-43 Completion, Acceptance and Warranty
1-43.1 (1) Upon acceptance by the Engineer, the Engineer will file a Notice of Completion with Los Angeles County Recorder. The date the Notice of Completion is filed will be the date of acceptance of the Work and the date the Contractor is relieved from responsibility to protect the Work.
(2) The acceptance of the Work or the payment of any money by the City shall not operate as a waiver of any provision of the Contract, or of any power reserved to the City, or of any right to damages or indemnity provided in the Contract. The waiver of any breach of the Contract, or any default hereunder, shall not be held to be a waiver of any other or subsequent breach or default.
(3) The Contractor shall guarantee all Work against failure due to defective materials and faulty workmanship for a period of 1 year after the date of acceptance of the Work by the City, unless some longer period is expressly set forth in any manufacturer’s warranty or within the Specifications.
(4) When the City discovers defective material or workmanship that requires repair or replacement under guarantee, the Contractor shall furnish all necessary labor, materials, and equipment to correct and make good, at no expense to the City, all such defects. The Contractor shall commence repair or replacement within 24 hours after receiving written notice from the Engineer, and diligently and continuously perform the Work until the repair or replacement is completed and the City has accepted it. 1-44. Intentionally left blank.
1233Exhibit 2
1-45 Storage of Equipment and Materials
It shall be the Contractor's responsibility to locate any storage sites for materials and equipment needed and such sites must be approved in advance by the City Engineer, and must be free of objectionable material. The Contractor must submit t o the City Engineer for approval any and all agreement(s) between the Contractor and the property owner(s) of said storage site(s) and/or construction site(s) for approval prior to the start of construction. Said agreement(s) must provide for the restorati on of the site(s) by the Contractor prior to the filing of "Notice of Completion" by the City Engineer. Stockpiling or storage of materials on any public right -of-way or parking areas will not be permitted without the approval of the Engineer. Materials spilled along or on said right -of-way or parking areas shall be removed completely and promptly. All stockpile and storage areas shall be kept in a safe, neat, clean, and orderly fashion, and shall be restored to equal or better than original condition upon completion of the Work Contractor shall only use a haul route approved in writing by the Engineer. The Contractor shall keep the work site as well as the route to and from the disposal site clean at all times. The Contractor shall immediately remove and haul away all materials included in the various items of removals.
1-46 Work Site Maintenance
1-46.1 “Responsibilities of the Contractor”;(1) “General”:
a. The Contractor shall include all cleanup costs in its Bid. The City will make no additional payment for this work.
(2) “Noise Control”:
a. The Contractor shall keep the noise level resulting from Work operations to a minimum at all times, especially during the morning hours.
b. Noise control is subject to the provisions of Bell Gardens Municipal Code section 16.24, “Noise Regulation.”
(3) “Water Pollution Control”:
a. Best Management Practices (BMPs) shall be defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution.
b. At a minimum, the Contractor shall implement the following BMPs in conjunction with the Work:
Title Number
General Site Management
Water Conservation NS-1
Vehicle and Equipment Cleaning NS-8
Vehicle and Equipment Fueling NS-9
1234Exhibit 2
Vehicle and Equipment Maintenance NS-10
Employee/Subcontractor Training --
Construction Materials and Waste Management
Material Delivery and Storage WM-1
Material Use WM-2
Spill Prevention and Control WM-4
Solid Waste Management WM-5
Hazardous Waste Management WM-6
Concrete Waste Management WM-8
Erosion/Sediment Control
Storm Drain Inlet Protection SE-10
c. A description of each BMP is included in these Specifications. The Contractor shall have at least two readily accessible copies of these descriptions at the Work site at all times.
d. The Contractor shall continuously implement BMPs during the Work. The Contractor shall implement BMPs for erosion control and sedimentation during the period from October 1
st to April 15th and whenever the National Weather Service predicts rain within 24 hours.
e. The Contractor shall conduct all aspects of the Work performed pursuant to these Plans and Specifications in accordance with all state and federal laws and regulations, including but not limited to all environmental laws and regulations, Order No. 99- 060 of the California Regional Water Quality Control Board, Los Angeles Region (“Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the City of Bell Gardens) and related BMPs. The City will deduct from the money due or to become due to the Contractor the total amount of any fines levied on the City, plus legal and staff costs, as a result of the Contractor’s failure to comply with these provisions or less than complete implementation of the specified BMPs. In addition, the Contractor shall defend, indemnify, and hold the City harmless for any liability, loss, damage, fines, penalties, actions, costs and expenses related to the Contractor’s (or its subcontractor s) failure to comply with these laws and regulations.
f. Full payment for the implementation of BMPs, including the construction, removal, and furnishing of all necessary labor, equipment, and materials, shall b considered as included in the unit prices bid for the various items of work or the lump sum bid (as the case may be), and no additional payment will be made.
1-47 Protection and Restoration of Existing Improvements 1-47.1
(1) The Contractor shall become familiar with all existing improvements and facilities, both public and private, on the Work site and provide adequate safeguards to prevent damage 1235Exhibit 2
to existing structures and improvements. The Contractor shall repair any damage to property from any cause that might have been prevented by the Contract or, the Contractor’s employees, agents or subcontractors within five calendar days after such damage occurs, at the Contractor’s sole cost and expense. The Contractor shall repair water service breaks the same day. In the event that the Contractor fails to repair such damages, the City will make the repairs, or cause them to be made, and will deduct the cost of repairs from the money due or to become due to the Contractor. (6) In accordance with the requirements of Section 21464 of the Vehicle code of the State of California, no person shall without lawful authority remove any official traffic control device, guidepost or signpost placed or erected as authorized or required by law.
Therefore, the Contractor shall not remove or relocate any such existing traf fic control device, guidepost or signpost located within the alignment of or interfering with the new construction work required herein without first obtaining permission to do so from the Police Department of the City of Bell Gardens.
1236Exhibit 2
EXHIBIT 2 – GENERAL PROVISIONS
I. Overview- Scope of Work
The work shall be performed at Hannon Park, 6876 Hannon Avenue, Bell Gardens, CA 90201 (work site ) at the site, all of which is known as the “BG Keep Parks Clean Beautification Project” (the “Project”). The work consists of the provision and installation of a custom 5 -12 year old playground from Miracle Recreation Equipment Company (Drawing R0036_4454351711), 6’ bench with back punched steel inground advantage coating, 8’ independent pedestal table punched steel inground mount advantage coating, and 32 gallon trash receptacle punch steel, advantage coating includes steel dome lid, liner, inground mount including freight and mobilization. All work shall be performed according to the requirements in the “General Provisions”.
II. Contractor will perform the following services and deliver the following products, including the provision of all labor and equipment necessary therefore:
Item 1 – Playground
Contractor will provide and deliver to City all materials and equipment for the installation of the new playground surfacing at work site.
Supplying a custom 5 -12 year old playground from Miracle Recreation Equipment Company (Drawing R0036_44543517111), 6’ bench with back punched steel inground advantage coating, 8’ independent pedestal table punched steel inground mount advantage coating, and 84 gallon trash receptacle punch steel, advantage coating includes steel dome lid, liner, inground mount including freight and mobilization.
Item 2 – Demolition and disposal
Demolition and disposal of existing equipment, demolition and disposal of exiting pour in place rubber surfacing, approximately 600 square feet, demolition and disposal of existing rubber mulch, approximately 1,700 square feet, demolition and disposal of existing turn down curb, approximately 70 linear feet.
Item 3- Site Preparation
Provide and install and compact sub base materials approximately 2,300 square feet.
Item 4 – Installation
Installation only of Miracle Recreation Equipment – Refer to MREC drawing R0025_44543517111 to be installed per manufacturer’s specifications. Ortco is a MREC Certified Installer.
Provide and install pour in place rubber surfacing, approximately 2,300 square feet for an average CFH of 9’ 50/50 black and standard color with aromatic binder (excludes designs and graphics).
Installation only of benches to be installed in ground. 1237Exhibit 2
Installation only of tables, to be installed in ground.
Installation only of trash receptacle to be installed in ground.
Item 5 – Bonds
Contractor will procure – a Performance Bond and a Payment Bond as required under this Agreement.
III. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
IV. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
V. The City hereby approves Contractor’s use of the following subcontractors to perform the following Tasks:
Installation only of Miracle Recreation Equipment – Refer to MREC Drawing R0036_4454351711 to be installed to manufacturer’s specifications.
ORTCO INC.
2163 N. Glassell
Orange, CA 92865
1238Exhibit 2
EXHIBIT A-1
GENERAL PROVISIONS
Section I – General
1-1 Location and Description of Work
The site at which this work will be accomplished is Hannon Park, 6876 Hannon Avenue, Bell Gardens, CA. Playground rubber surfacing, demolition and disposal of existing rubber mulch, demolition, and disposal of existing turn down curb provision and installation of new playground surfacing at work site.
1-2 to 1-4. Intentionally left blank.
1-5 Record Drawings
The Contractor shall have on file a minimum of one (1) set of Construction Drawings, hereinafter referred to as “RECORD DRAWINGS,” upon which he/she shall record all variations between the work as built and as originally shown on the Construction Drawings or other Contract Documents. Said record drawings shall be supplemented by any detailed sketches as necessary or as directed by the Engineer to indicate fully the work as actually constructed. Said record drawings shall be kept at the job site and shall be accessible at all times during the construction period and shall be delivered to the Director within ten (10) days after completion of the work. 1-6 to 1-15. Intentionally left blank.
1-16 Site Conditions and Restrictions
1-16.1 “Time of Completion”:
(1) The Contractor shall perform no Work on days other than Working Days or outside of normal working hours (defined as the hours between 7:00 a.m. to 5:00 p.m.) without the consent of the Engineer, unless otherwise specified. In any event, all Work sh all be subject to approval of the Engineer. Before starting such work, the Contractor shall make arrangements with the Engineer for the continuous or periodic inspection of the work and tests of materials, when necessary. If the Contractor requests permission to perform Work outside of the above time periods and if the City grants such request, the Contractor shall pay all extra expense to the City for inspection and other incidental expenses caused by such overtime W ork. If the City requests the Contractor to work overtime or if overtime Work is specifically required by these Specifications, the City will pay all extra expense of inspection.
(2) If the Contractor finds it necessary, in order to complete the work according to schedule, to perform certain of its operations outside of Working Days or normal working 1239Exhibit 2
hours, these operations shall be performed as part of the Work included in the Contract Price and shall not constitute a basis for additional payments. 1-16.2 Access for emergency vehicles throughout the project shall be maintained at all times.
1-17. Intentionally left blank.
1-18 Traffic Control and Access
1-18.1 The Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
1-18.2 The Contractor shall maintain two- way traffic on all streets at all times. Lane closures permitted with the prior approval of the City Engineer and shall conform to Caltrans or Watch Manual guidelines.
1-18.3 The Contractor shall maintain all travel lanes open during non- work hours except as may be allowed at the Agency’s convenience and discretion to expedite the work. 1-19 Protection and Restoration of Existing Improvements Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor’s operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor’s operations under this Contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on this situation within a reasonable time period, the City will provide suitable protection of said interests by causing such work to be done and material to be furnished as may seem reasonable and necessary a t the expense of the Contractor.
1-19.1 “Responsibilities of the Contractor”:
(1) The Contractor shall become familiar with all existing improvements and facilities, both public and private, on the Work site and provide adequate safeguards to prevent damage to existing structures and improvements. The Contractor shall repair any damage to property from any cause that might have been prevented by the Contractor, the Contractor’s employees, agents or subcontractors within five calendar days after such damage occurs, at the Contractor’s sole cost and expense. The Contractor shall repair water service breaks the same day. In the event that the Contractor fails to repair such damages, the City will make the repairs, or cause them to be made, and will deduct the cost of repairs from the money due or to become due to the Contractor. (6) In accordance with the requirements of Section 21464 of the Vehicle code of the State of California, no person shall without lawful authority remove any official traffic control 1240Exhibit 2
device, guidepost or signpost placed or erected as authorized or required by law.
Therefore, the Contractor shall not remove or relocate any such existing traffic control device, guidepost or signpost located within the alignment of or interfering with the new construction work required herein without first obtaining permission to do so from the Police Department of the City of Bell Gardens.
1-20 Claim Notification
If the Contractor should claim that any instruction, request, drawings, specification, action, condition, omission, default, or other situation obligates the City to p ay additional compensation to the Contractor or to grant an extension of time for the Completion of the Contract, or constitutes a waiver of any provision in the contract, he shall notify the Engineer, in writing, of such claim within 10 days from the date he has actual or constructive notice of the factual basis supporting the claim. The Contractor's failure to notify the engineer within such ten (10) day period shall be deemed a waiver and relinquishment of the claim against the City.
1-21 Specification Changes
No changes, additions or deletions will be made to these specifications and plans unless directed by the Engineer.
1-22 to 1-23 – Intentionally left blank.
1-25. Intentionally left blank.
1-26 Superintendence by Contractor
The Contractor shall designate by letter to the City Engineer a competent superintendent, satisfactory to the City Engineer and with authority to act for the Contractor. The designated superintendent shall be on the job site at all times during performance until the work is compl eted and accepted by the City. Work will not be performed in the absence of a competent superintendent. Should a change in the job superintendent be necessary, the City Engineer shall be notified by letter. 1-27 Clean-Up
Clean-up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed daily, and any damage sustained on the work of others shall be repaired to original conditions. WASH DOWNS ARE PROHIBITED.
1-28 Removal and Disposal of Materials
All materials removed shall become the property of the Contractor and shall be disposed of outside the right -of-way unless otherwise specified. Materials that are removed shall be disposed of in a legal manner by the Contractor. The Contractor shall make its own arrangements for disposing of materials and it shall pay all costs involved. It is the Contractor’s responsibility to remove and export any environmentally impacted material 1241Exhibit 2
to an appropriate class landfill for the material encountered and to provide to the Owner all required manifests for the disposal of said material. The cost of Removing and Disposing of Materials shall be included in the various Contract items of Work and no additional compensation will be allowed therefor. All construction debris is to be disposed of in accordance with the City of Bell Gardens Recycling Policy. The contactor shall be responsible for the payment of any deposits to the City of Bell Gardens , as part of the Recycling Policy. Please note that such deposits are refundable only after the contractor has provided the required documentation to substantiate compliance with the Recycling Policy.
1-29 to 1-32 Intentionally left blank.
1-33 Public Convenience, Public Safety, Signing and Traffic Control 1-33.1 The Contractor shall not close traffic lanes on arterial streets before 8:30a.m. or after 3:30 p.m. without consent of the Engineer.
1-33.2 Intentionally left blank.
1-35 Removal and Disposal of Materials
All materials removed shall become the property of the Contractor. Materials that are removed shall be disposed of in a legal manner by the contractor. The contractor shall make its own arrangements for disposing of materials and it shall pay all costs inv olved.
The cost of Removing and Disposing of Materials shall be included in the various contract items of work and no additional compensation will be allowed therefore. 1-36. Intentionally left blank.
(1) 1-38. Intentionally left blank.
1-40 Materials and Workmanship
1-40.1
(1) “Protection of Work and Materials”:a. The Contractor shall remove and replace materials damaged by the Contractor’s operations at the Contractor’s sole expense before the final inspection and acceptance.
(2) “Test of Materials”:
a. The Contractor shall submit samples of materials, at the Contractor’s sole expense, as the Engineer may require, 15 days in advance of being incorporated in the Work to a testing laboratory designated by the City.
b. Samples of materials to be tested shall be properly identified and shall establish exact nature and character of materials. The City may reject any material or part thereof that proves defective as a result of testing and requires satisfactory replacement. (3) “Trade Names or Equals”:
1242Exhibit 2
a. Where a specific manufacturer is noted on the Plans or listed in the Specifications, unless otherwise noted, an “approved equal” item may be substituted. b. If a Bidder desires to bid an” approved equal” item, the Bidder shall submit a request to do so to the Engineer in writing by the time and as shown in the Instructions to Bidders.
1-41. Intentionally left blank.
1.42 Air Pollution Control
The Contractor shall comply with all air pollution control rules, regulations, or dinances and statutes which apply to any Work performed pursuant to the Contract, including any air pollution control rules, regulations, ordinances and statutes, specified in Section 11017 of the Government Code. In the absence of any applicable air pollution control rules, regulations, ordinances or statues governing solvents, all solvents, including but not limited to the solvent portions of paints, thinners, curing compounds, and liquid asphalt used on the Project shall comply with the applicable materi al requirements of the South Coast Air Quality Management District (SCAQMD). All containers of paint, thinner, curing compound or liquid asphalt shall be labeled to indicate that the contents fully comply with said requirements. Material to be disposed of shall not be burned, either inside or outside of the premises. The provisions of Section 300-1.3, "Removal and Disposal of Materials", of the SSPWC permitting disposal of material by burning shall not apply. 1-43 Completion, Acceptance and Warranty
1-43.1
(1) Upon acceptance by the Engineer, the Engineer will file a Notice of Completion with Los Angeles County Recorder. The date the Notice of Completion is filed will be the date of acceptance of the Work and the date the Contractor is relieved from respons ibility to protect the Work.
(2) The acceptance of the Work or the payment of any money by the City shall not operate as a waiver of any provision of the Contract, or of any power reserved to the City, or of any right to damages or indemnity provided in the Contract. The waiver of any breach of the Contract, or any default hereunder, shall not be held to be a waiver of any other or subsequent breach or default.
(3) The Contractor shall guarantee all Work against failure due to defective materials and faulty workmanship for a period of 1 year after the date of acceptance of the Work by the City, unless some longer period is expressly set forth in any manufacturer’s warranty or within the Specifications.
(4) When the City discovers defective material or workma nship that requires repair or replacement under guarantee, the Contractor shall furnish all necessary labor, materials, and equipment to correct and make good, at no expense to the City, all such defects. The 1243Exhibit 2
Contractor shall commence repair or replacement within 24 hours after receiving written notice from the Engineer, and diligently and continuously perform the Work until the repair or replacement is completed and the City has accepted it. 1-44. Intentionally left blank.
1-45 Storage of Equipment and Materials
It shall be the Contractor's responsibility to locate any storage sites for materials and equipment needed and such sites must be approved in advance by the City Engineer, and must be free of objectionable material. The Contractor must submit to the City Engineer for approval any and all agreement(s) between the Contractor and the property owner(s) of said storage site(s) and/or construction site(s) for approval prior to the start of construction. Said agreement(s) must provide for the restoration of the site(s) by the Contractor prior to the filing of "Notice of Completion" by the City Engineer. Stockpiling or storage of materials on any public right -of-way or parking areas will not be permitted without the approval of the Engineer. Materials spilled along or on said right -of-way or parking areas shall be removed completely and promptly. All stockpile and storage areas shall be kept in a safe, neat, clean, and orderly fashion, and shall be restored to equal or better than original condition upon completion of the Work Contractor shall only use a haul route approved in writing by the Engineer. The Contractor shall keep the work site as well as the route to and from the disposal site clean at all times. The Contractor shall immediately remove and haul away all materials included in the various items of removals.
1-46 Work Site Maintenance
1-46.1 “Responsibilities of the Contractor”;(1) “General”:
a. The Contractor shall include all cleanup costs in its Bid. The City will make no additional payment for this work.
(2) “Noise Control”:
a. The Contractor shall keep the noise level resulting from Work operations to a minimum at all times, especially during the morning hours.
b. Noise control is subject to the provisions of Bell Gardens Municipal Code section 16.24, “Noise Regulation.”
(3) , “Water Pollution Control”:
a. Best Management Practices (BMPs) shall be defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution.
b. At a minimum, the Contractor shall implement the following BMPs in conjunction with the Work:
1244Exhibit 2
Title Number
General Site Management
Water Conservation NS-1
Vehicle and Equipment Cleaning NS-8
Vehicle and Equipment Fueling NS-9
Vehicle and Equipment Maintenance NS-10
Employee/Subcontractor Training --
Construction Materials and Waste Management
Material Delivery and Storage WM-1
Material Use WM-2
Spill Prevention and Control WM-4
Solid Waste Management WM-5
Hazardous Waste Management WM-6
Concrete Waste Management WM-8
Erosion/Sediment Control
Storm Drain Inlet Protection SE-10
c. A description of each BMP is included in these Specifications. The Contractor shall have at least two readily accessible copies of these descriptions at the Work site at all times.
d. The Contractor shall continuously implement BMPs during the Work. The Contractor shall implement BMPs for erosion control and sedimentation during the period from October 1
st to April 15th and whenever the National Weather Service predicts rain within 24 hours.
e. The Contractor shall conduct all aspects of the Work performed pursuant to these Plans and Specifications in accordance with all state and federal laws and regulations, including but not limited to all environmental laws and regulations, Order No. 99- 060 of the California Regional Water Quality Control Board, Los Angeles Region (“Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the City of Bell Gardens) and related BMPs. The City will deduct from the money due or to become due to the Contractor the total amount of any fines levied on the City, plus legal and staff costs, as a result of the Contractor’s failure to comply with these provisions or less than complete implementation of the specified BMPs. In addition, the Contractor shall defend, indemnify, and hold the City harml ess for any liability, loss, damage, fines, penalties, actions, costs and expenses related to the Contractor’s (or its subcontractors) failure to comply with these laws and regulations.
f. Full payment for the implementation of BMPs, including the construction, removal, and furnishing of all necessary labor, equipment, and materials, shall b considered as included in the unit prices bid for the various items of work or the lump sum bid (as the case may be), and no additional payment will be made.
1245Exhibit 2
1-47 Protection and Restoration of Existing Improvements 1-47.1
(1) The Contractor shall become familiar with all existing improvements and facilities, both public and private, on the Work site and provide adequate safeguards to prevent damage to existing structures and improvements. The Contractor shall repair any damage to property from any cause that might have been prevented by the Contractor, the Contractor’s employees, agents or subcontractors within five calendar days after such damage occurs, at the Contract or’s sole cost and expense. The Contractor shall repair water service breaks the same day. In the event that the Contractor fails to repair such damages, the City will make the repairs, or cause them to be made, and will deduct the cost of repairs from the money due or to become due to the Contractor. (6) In accordance with the requirements of Section 21464 of the Vehicle code of the State of California, no person shall without lawful authority remove any official traffic control device, guidepost or signpost placed or erected as authorized or required by law.
Therefore, the Contractor shall not remove or relocate any such existing traffic control device, guidepost or signpost located within the alignment of or interfering with the new construction work required herein without first obtaining permission to do so from the Police Department of the City of Bell Gardens.
1246Exhibit 2
16 EXHIBIT “B”
QUOTATION
1247Exhibit 2
Asmus Park, city of
Bell Gardens-Miracle
Playground
1248Exhibit 2
1249Exhibit 2
1250Exhibit 2
1251Exhibit 2
1252Exhibit 2
AN ENERG
Y
ABSORBING PROTECTIVE SUR
F
ACE
IS REQUIRED UNDER &
AROUND
AL
L
PL
A
Y
SYSTEMS
GROUND S
P
ACE:
PROTECTIVE
AREA:
DR
A
WN B
Y
:
D
A
TE:
PHONE NO:
F
AX NO:
T
o promote safe and proper equipment use
by children. Miracle recommends the
installation of either a Miracle safety sign or
other appropriate safety signage near each
playsystem's main entry point(s) to inform
parents and supervisors of the age
appropriateness of the playsystem and
general rules for safe pla
y
.
COMPLIES
T
O
ADA
COMPLIES
T
O
ASTM/CPSC
THE PL
A
Y
COMPONENTS IDENTIFIED IN
THIS
PLAN
ARE IPEM
A
CE
R
TIFIED.
THE USE
AND
L
A
YOU
T
OF
THESE COMPONENTS CONFORM
T
O
THE REQUIREMENTS OF
ASTM F1487.
R0036_44543406546
Bell Gardens, CA
Asmus Park
(877) 215
-
3869
(800) 264
-
7225 x102
Corona,CA
9106 Pulsar Ct
12/13/2021
Bryce Lawrence
64'
-
6" x 54'
-
0"
53'
-
6" x 38'
-
0"
MIRACLE PL
A
YGROUND SALES, INC.
C
hild
C
apacity:
86 1'
4'
16'
2'
8'
ELE
V
A
TED PL
A
Y
ACTIVITIES
-
T
O
T
AL:
ELE
V
A
TED PL
A
Y
ACTIVITIES
ACCESIBLE B
Y
TRANSFER:
ELE
V
A
TED PL
A
Y
ACTIVITIES
ACCESIBLE B
Y
RAMP:
GROUND LEVE
L
ACTIVIT
Y
TYPE:
GROUND LEVE
L
QUANTIT
Y
:
REQ'D
REQ'D
REQ'D
REQ'D
AGE GROUP:
5 -
12 3
3 5
0 10
12 4
0 10
1253Exhibit 2
Payment Address
PO Box 734154
Dallas TX 75373-4154
Phone # (800) 264-7225
Fax # (877) 215-3869
[email protected]
www.miracle-recreation.com
Estimate Number MREC 3318
Estimate Date 2023-01-10
Expiration Date 2023-06-08
Customer City of Bell Gardens
Name Grissel Chavez
Phone (562) 806-7770
Email [email protected]
Sales Rep John Jason
Email [email protected]
Payment Terms To Be Determined - Deposit May Be Required Project Name
Asmus Park, city of Bell Gardens-Miracle Playground
Description Quantity Total
MREC 5-12
Custom 5-12 Year Old Playground from Miracle
recreation Equipment Company. Drawing Number
R0036_44543406546
1 $64,838.03
MyTCoat
6' Bench with Back - Punched Steel - Inground.
Advantage Coating
5 $5,240.15
MyTCoat
8' Independent Pedestal Table - Punched Steel -
Inground Mount. Advantage Coating
2 $5,617.75
1254Exhibit 2
MyTCoat
32 Gallon Trash Receptacle - Punched Steel. Advantage
Coating
Includes:
Steel Dome Lid
Liner
Inground Mount
9 $10,367.18
$86,063.10
10.25% Sales Tax $8,821.47
Product Total $94,884.57
Description Quantity Rate
Freight Miracle
Shipping and Handling Charges for Miracle Recreation
Equipment. All prices are FOB Monett MO.
1 $5,515.06
Freight MyTCoat 1 $892.73
Mobilization
Mobilize Equipment and Materials
1 $2,703.75
Demolition
DEMO AND DISPOSE OF EXISTING EQUIPMENT
1 $3,785.25
Demolition
DEMO AND DISPOSE OF EXISTING POUR IN PLACE
RUBBER SURFACING. APPROXIMATELY 800 SQFT.
1 $3,460.80
Demolition
DEMO AND DISPOSE OF EXISTING RUBBER MULCH.
APPROXIMATELY 2,000 SQFT.
1 $6,489.00
Demolition
DEMO AND DISPOSE OF EXISTING TURN DOWN CURB.
APPROXIMATELY 100' LINEAR FEET.
1 $757.05
1255Exhibit 2
Concrete
CONSTRUCTION OF CONCRETE LEDGE CURB ALONG
PERIMETER. APPROXIMATELY 219' LINEAR FEET.
1 $2,131.64
Site Work
PROVIDE, GRADE, AND COMPACT SUB BASE
MATERIALS. APPROXIMATELY 2,800 SQFT.
1 $6,056.40
Installation
INSTALLATION ONLY OF MIRACLE RECREATION
EQUIPMENT - REFER TO MREC DRAWING
R0036_44543406546 TO BE INSTALLED PER
MANUFACTURER'S SPECIFICATIONS. ORTCO IS A
MREC CERTIFIED INSTALLER
1 $50,722.35
Surfacing
PROVIDE AND INSTALL POUR IN PLACE RUBBER
SURFACING. APPROXIMATELY 2,800 SQFT. FOR AN
AVG. CFH OF 8'. 50/50 BLACK AND STANDARD COLOR
WITH AROMATIC BINDER. EXCLUDES DESIGNS AND
GRAPHICS
1 $42,394.80
Installation
INSTALLATION ONLY OF BENCHES. TO BE INSTALLED
IN GROUND
5 $2,163.00
Installation
INSTALLATION ONLY OF TABLES. TO BE INSTALLED IN
GROUND.
2 $1,622.25
Installation
INSTALLATION ONLY OF TRASH RECEPTACLE. TO BE
INSTALLED IN
GROUND.
9 $3,406.73
Bond Fee 1 $4,767.00
$136,867.80
Tax $0.00
1256Exhibit 2
Shipping, Handling and Non Taxable Services Total $136,867.80 Pricing based on Miracle Recreation's Sourcewell contract #01521-LTS Grand Total $231,752.38
NOTES AND EXCLUSIONS:
• This estimate shall not become binding until signed and returned for approval. • A signature indicates acceptance of all terms, conditions, and prices listed. • A signed quote will not substitute for a Purchase Order if one is required by the Customer. Make purchase orders out to Miracle Recreation.
• Exclusions: All Unloading, Storage, Installation, Site Work, Fees & Permits, outside of the quoted above. • Footing calculations for playground equipment can be added for an additional fee if required • All signed quotes and/or purchase orders should be emailed to [email protected] or faxed to 877-215- 3869. Hard copies can be mailed to Miracle Playground Sales 9106 Pulsar Ct Suite C Corona, CA 92883 THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by the customer in writing or otherwise, as material alterations, and all such terms shall be void. The customer authorizes Miracle to ship the equipment and pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via a common carrier designated by Miracle. The customer agrees to pay all additional service charges for past due invoices per the terms listed above. The customer must provide proper tax exemption certificates to Miracle and promptly pay and discharge all applicable taxes, license fees, levies, and dismiss other impositions on the equipment at its sole expense. 1257Exhibit 2
WHY MIRACLE ®
1258Exhibit 2
Miracle brings you the thrills of a lifetime.
Miracle is one of the nation’s fi rst and most innovative playground equipment manufacturers. We fi rst began shaping the future of play in 1927 when our founder Johnnie Ahrens created the Whirl — a tilting, kid-powered merry-go-round — based on the timeless insight that, “Kids want action.” That same inspiration has driven more than 90 years of innovation, including the introductions of the fi rst fi berglass slide (1963), the 25-foot Mega Tower® (2000s), and the Avalanche Inclusive Slide (2015). Our latest advance, the Extreme Generation adventure playground, delivers challenging physical events for kids seeking extreme play. Its design brings play to new heights, with innovative, fully-enclosed skyways that provide elaborate rope-course-inspired activities far above ground, safely adding an element of perceived risk to any play space.
This never-ending dedication to innovation is the reason why, even after more than 90 years, the Miracle legacy remains focused on building yours.
VERSALOK
®
Our clamp design
eliminates the need for
stacking multiple clamps
and features a stainless
steel tamper resistant
fastener.
GATOR GRIP
®
The 3D textured pattern
makes it easy for kids to
make their next moves.
MIRA-THERM™
This textured vinyl
coating for deck surfaces
helps prevent rapid
heat transfer, while the
hole pattern keeps little
fi ngers safe.
COMPOUNDED RESIN
Provides superior strength
and durability, advanced
color fastness and UV
resistance.
The Miracle Advantage
We believe the experience of building a playground should be as intuitive as playing on it. From design, specifi cation, funding, purchasing and installation, we’ll be with you every step of the way. Our customized design process is free because there should never be a charge to dream.
Let’s get you started by envisioning a playground that is meant for your community and right for your budget. It’s why our legacy has always been about building yours.
SAFETY
We’re committed to providing equipment that meets and/or exceeds the performance safety specifi cations established by organizations such as ASTM, CPSC, CSA, CPSIA, IPEMA and EN.
To verify product certifi cation, visit www.ipema.org.
miracle-recreation.com 193
1259Exhibit 2
Red lime Forest GreenTropical YellowYellow ChartreuseOrange Green lavender Plum BurgundySkyTeal Cyan Blue Cobalt
Beige WhiteBrown light GrayBrownstone GraystoneDark Brown Gray Black (Roofs Only)
Rock-ite® Plastic Colors
Roofs, Slides, Big Timber® Components, Crawl Tubes, Bongos™, Bumpers and Panels.
Mira-lene™ Panel Colors
Red-Sand
Plum-Sand
Beige-Forest
Green
Beige-Red Beige-Gray Gray-Black Black-White White-BlackDark Brown-Sand
Red-Yellow Yellow-Sand Yellow-Blue Orange-SandYellow-Black lime-Sand Forest
Green-Sand
Blue-Sand Blue-Yellow Blue-White Cobalt-Sand
Yellow Forest Green Sand BlackRed Royal Blue
Miracle Swing Seat Colors
Color Choices
Miracle-Recreation.com196 COlOR CHOICES
1260Exhibit 2
Red Lime Forest GreenTropical YellowYellow ChartreuseOrange Green WhiteBrownBurgundy Light Gray
Sand
SilverDark Brown Metallic Gray Black
(Posts & Clamps Only)
BeigeLavender PlumAzureTeal Blue Cobalt
Mira-Cote™ Powder-Coated Painted Metal Colors
Posts, Arches, Swings and Accents (Railings & Climbers).
Mira-Cote™ Antimicrobial Painted Metal Colors
This proprietary treatment helps minimize bacterial mold, algae growth and stains.
Yellow Habanero Rainforest Desert Dunes GrayOrange Mediterranean Safari Mahogany White Red Hunter GreenRoyal Blue SandBrown Dark Gray
Mira-Therm™ Textured Colors
Mira-Therm coatings for Decks, Steps, Ramps, Bridges and Cargo Climbers are available in either orthophtalate-free Mira-Therm 2 (vinyl) or Mira-Therm PE (polyethylene)–based coatings with Antimicrobial enhancements.
Miracle® uses high quality materials and state of the art manufacturing processes. Commercial playgrounds and products are subjected to years of environmental and solar exposure. Such extreme exposure takes its toll on paints and pigments, and all colors will fade over time. So Miracle® does not warrant against color fading or discoloration. It is important to properly maintain your playground to ensure its longevity. Depending on environmental conditions at your location, the installation of fabric shade structures may help to delay fading and discoloration.
Actual colors in catalog may vary due to four color printing process. 197 COLOR CHOiCES COLOR CHOiCES
1261Exhibit 2
Navy Blue Chocolate
Blue
Royal Blue
Red
Cinnamon
Green
Laguna Blue Arizona
Yellow
Turquoise
Desert Sand
Rain ForestTerracotta
Terracotta
White
OliveSunflower Yellow
Desert Sand
Silver
Zesty LimeElectric Purple
Silver
Black
Perforated Diamond
Powder Coat OnlyPowder Coat and Plastisol
BrownBlue CharcoalGreenRed Sand WhiteBlack
Shade Fabric Colors
SHADESURE™ Fabrics Passes: NFPA 701 / ASTM-E84
COLOURSHADE® Fire Retardant Fabrics Passes: NFPA 701 / ASTM-E84 / OSFM TITLE 19 Site Furnishing Colors
Amenities receive a durable color coating that will not rust, crack, peel, or warp. Choose a powder coat color for framework and plastisol coating for table tops, seats, and backs.
Site Furnishing Patterns
Color Choices
Milwaukee
Brown
Recycled Plastic Colors
Cedar
Slat and Rib patterns (not shown)
available in select site furnishing
products.
Miracle-Recreation.com198 COLOR CHOiCES
1262Exhibit 2
Warranty
Miracle Recreation Equipment Company warrants its products against structural failure due to defects in materials and workmanship for the warranty periods and material categories prescribed below.
Buyer agrees that products sold by Miracle Recreation Equipment Company carry only the following warranties:
1. lIMITED WARRANTY FOR AS lONG AS YOU OWN THE PRODUCT: Aluminum deck posts, steel deck posts, versalok® fastening system, cast aluminum parts, and stainless steel hardware.
2. lIMITED FIFTEEN (15) YEAR WARRANTY: All rigid steel playground components, decks, steps, and weldments, rotationally molded and sheet plastic components, plastic lumber, roof panels, and stainless steel slides, except as otherwise specified below.
3. lIMITED TEN (10) YEAR WARRANTY: Fabric shade steel frames, and Shadesure™ and Colourshade FR fabrics (Note Exception:
limited Five (5) Year Warranty on Shadesure™ fabrics in colors Red, Yellow, Electric Purple, zesty lime, Cinnamon, and Olive.)
4. lIMITED EIGHT (8) YEAR WARRANTY:
• Fiberglass signage, accessible swing seats, precast PolyFiberCrete or precast concrete products. • Play Terrain Synthetic Turf safety surfacing against deterioration of specified attenuation performance and appearance. • Integrated shade fabric and components against rot, Uv deterioration and defects in materials and workmanship (Note Exception: limited Three (3) Year Warranty for fabric in shades of red).
5. lIMITED FIvE (5) YEAR WARRANTY:
• Heavy duty diamond barrier mesh and Kidrox™ Climbing Rocks. • Mira-Therm™ PvC coating and PE coating against cracking or peeling. • Park and Site Amenities (i.e. benches, tables, trash receptacles, etc.). • GFRP (Glass Fiber Reinforced Polymer) Products.
• Steel core cable nets and rope fittings and connections (Note Exception: Warranty does not cover normal wear and tear such as fraying or facing of cable coating).
6. lIMITED THREE (3) YEAR WARRANTY: Flexible belting, plastic border timbers and accessories, and electronic panel speakers, sound chips, and circuit boards.
7. lIMITED ONE (1) YEAR WARRANTY:
• Slashproof Swing Seats, 360° Bucket Tot Swing Seats, and Tuff Net no climbing mesh. • Pool slide support structures, stairways, landings and railings. • All other products, components and custom pieces that are not specifically listed above, including, without limitation, all moving parts, such as swing hangers and bearings, swivels, chains, whirls, springs and flexible components, and all high wear items, such as trolleys, cables, wheels, and bumper stops related to rail and cable ride products.
BUYER’S REMEDY: If any products prove defective or non-conforming under normal use and within the above-prescribed warranty periods and material categories, Buyer must promptly notify Miracle in writing at 878 E. Hwy 60, Monett, MO 65708 USA. Miracle does not warranty that any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the Purchaser or Owner of the discontinued color. Miracle may elect to inspect the alleged defect at Buyer’s site or at Miracle’s facility. Buyer shall not return products to Miracle unless authorized by Miracle to do so. Authorized returns must be properly packaged and shipped prepaid and insured, at Buyer’s expense. Upon verification of warranty coverage, Miracle may elect, in its sole discretion, to repair defective or non-conforming products, or replace them by delivering products or part(s) of similar functionality free of charge to the site. Miracle’s limited warranties do not cover the cost of labor to remove defective or non -conforming part(s) or to install repaired or replacement part(s). By use of these limited warranties, Buyer accepts their terms and limitations, and waives any rights it would otherwise have to claim or assert that such warranties fail of their essential purpose. Buyer agrees that venue for any court action to enforce these limited warranties shall be in Barry or Greene Counties in the State of Missouri. lIMITATIONS: All warranty periods begin on the date of Miracle’s invoice. Repaired and/or replacement part(s) are warranted only for the balance of the original limited warranty period. Warranties extend only to the original Buyer/end user for products purchased from Miracle or a Miracle authorized reseller, and are not transferrable.
Warranties apply only to Miracle products that are erected and installed in conformance with Miracle’s installation instructions, and that are maintained and inspected in conformance with Miracle maintenance and operational instructions.
Warranties specifically do not cover Miracle products:
• for cosmetic damage or flaws occurring under normal use, such as surface scratches, minor chips, hairline cracks, dents, marring, efflorescence, color fade (except for shade fabric as noted above), discoloration, corrosion/rust, fraying, or warping of recycled plastic lumber;
• that have been modified, altered, or repaired by unauthorized third parties; • that have not been used as designed or intended, or misused; • to which non-Miracle parts have been added or substituted; • that have been removed from their original location and re-installed elsewhere, without pre-approval by Miracle; • or that have been damaged due to excessive wear and tear, vandalism, abnormal use, abuse, negligence, environmental factors (such as wind-blown sand, salt spray, or airborne emissions from industrial sources), extreme weather (such as hail, flooding, lightning, tornados, sandstorms, earthquakes, or wind storms), and acts of God.
THE FOREGOING lIMITED WARRANTY IS THE SOlE AND EXClUSIvE WARRANTY FOR SEllER’S PRODUCTS, AND IS IN lIEU OF All OTHER WARRANTIES, EXPRESS OR IMPlIED, IN lAW OR IN FACT. SEllER SPECIFICAllY DISClAIMS All OTHER WARRANTIES, EXPRESS OR IMPlIED, INClUDING, WITHOUT lIMITATION, All IMPlIED WARRANTIES OF MERCHANTABIlITY AND FITNESS FOR A PARTICUlAR USE OR PURPOSE, AND ANY IMPlIED WARRANTIES ARISING OUT OF COURSE OF DEAlING OR PERFORMANCE OR TRADE USAGE. SEllER SHAll NOT BE lIABlE FOR ANY INCIDENTAl, CONSEqUENTIAl, EXEMPlARY, SPECIAl, OR PUNITIvE DAMAGES, OR ANY lOSS OF REvENUE, PROFIT OR USE, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SAlE, INSTAllATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT. IN NO EvENT WIll SEllER BE lIABlE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF A DEFECTIvE PRODUCT.
Prices are subject to change without notice and are exclusive of installation, surfacing, transportation, insurance, taxes, license fees, customs fees, duties, premiums, fees, and other changes. 195 CERTIFICATIONS WARRANTY 1263Exhibit 2
• ISO 9001 Certification: The
International Standards Organization
is a network of national standard
institutes from 146 countries that
work in partnership with international
organizations, governments, industry,
business, and consumer
representatives to develop universal
standards for quality, environmental,
and management processes.
• The Miracle Recreation Equipment
company has been certified to
14001:2015 for its environmental
management system.
• Canadian Welding Bureau Certified
• The space requirements in this catalog are shown
to ASTM standards. Requirements for other
standards may be different.
• European Norm EN-1176. Miracle® offers
playgrounds that have been certified by Tüv
Product Service, the recognized testing house
designated by the European Union. This
certification demonstrates compliance with the
European Harmonized Standard for Commercial
Play Equipment, EN 1176.
• IPEMA Member: Miracle® is a member in good
standing of the International Play Equipment
Manufacturer’s Association (IPEMA), a mem-
ber-driven international trade organization which
represents and promotes an open market for
manufacturers of play equipment.
• In the interest of playground safety, the Interna-
tional Play Equipment Manufacturers Association
(IPEMA) provides a Third Party Certification
Service whereby a designated independent
laboratory, TÜv SÜD America Inc., (TÜv),
validates an equipment manufacturer’s certifica-
tion of conformance to the ASTM F1487 Standard
Consumer Safety Performance Specification for
Playground Equipment for Public Use, except
sections 7.1.1, 10, 13.1.1, 13.1.2, 13.2, and 13.3; to
CAN/CSA z614 Children’s Playspaces and
Equipment, except clauses 10 and 11; or both. A
list of current validated products may be viewed
at www.ipema.org.
• In the Interest of playground safety, the
International Play Equipment Manufacturers
Association (IPEMA) provides a Third Party
Certification program whereby a designated
independent laboratory, TÜv SÜD America Inc.,
(TÜv), validates a surfacing manufacturer’s
certification of conformance to ASTM F1292,
Standard Specification for Impact Attenuation
Under and Around Playground Equipment Perfor-
mance Criterion, Section 4.2; ASTM F1292,
Standard Specification for Impact Attenuation
Under and Around Playground Equipment Perfor-
mance Criterion (in its entirety); ASTM F3351,
Standard Test Method for Impact Testing In labo-
ratory at Specified Test Height; and for an
engineered wood fiber manufacturer its
certification of conformance, also to ASTM
F2075, Standard Specification for Engineered
Wood Fiber for Use as a Playground Safety
Surface Under and Around Playground Equip-
ment; and for a loose Fill Rubber manufacturer
its certification of conformance, also to ASTM
F3012, Standard Specification for loose Fill
Rubber for Use as a Playground Safety Surface
under and around Playground Equipment. A list
of current validated products, their thickness and
critical height may be viewed at www.ipema.org.
Certifications
Miracle-Recreation.com194 CERTIFICATIONS
1264Exhibit 2
Hannon Park, city of
Bell Gardens-Miracle
Playground
1265Exhibit 2
1266Exhibit 2
1267Exhibit 2
1268Exhibit 2
8' MIN
8' MIN
AN ENERGY
ABSORBING PROTECTIVE SURF
ACE
IS REQUIRED UNDER &
AROUND
ALL
PLA
Y
SYSTEMS
GROUND SP
ACE:
PROTECTIVE
AREA:
DRA
WN BY
:
DA
TE:
PHONE NO:
F
AX NO:
T
o promote safe and proper equipment use
by children. Miracle recommends the
installation of either a Miracle safety sign or
other appropriate safety signage near each
playsystem's main entry point(s) to inform
parents and supervisors of the age
appropriateness of the playsystem and
general rules for safe play
.
COMPLIES
T
O
ADA
COMPLIES
T
O
ASTM/CPSC
THE PLA
Y
COMPONENTS IDENTIFIED IN
THIS
PLAN
ARE IPEMA
CER
TIFIED.
THE USE
AND
LA
YOUT
OF
THESE COMPONENTS CONFORM
T
O
THE REQUIREMENTS OF
ASTM F1487.
R0036_445435171
1 1
Bell Gardens, CA
Hannon Park
(877)
215
-
3869
(800)
264
-
7225 x102
Corona,CA
9106 Pulsar Ct
12/13/2021
Bryce Lawrence
106'
-
0" x 37'
-
0"
92'
-
6" x 33'
-
0"
MIRACLE PLA
YGROUND SALES, INC.
ELEV
A
TED PLA
Y
ACTIVITIES
-
T
OT
AL:
ELEV
A
TED PLA
Y
ACTIVITIES
ACCESIBLE BY
TRANSFER:
ELEV
A
TED PLA
Y
ACTIVITIES
ACCESIBLE BY
RAMP:
GROUND LEVEL
ACTIVITY
TYPE:
GROUND LEVEL
QUANTITY
:
REQ'D
REQ'D
REQ'D
REQ'D
AGE GROUP:
5 -
12 3
3 5
0 9
7 4
0 9
1269Exhibit 2
8' MIN
8' MIN
32'
36'
AN ENERG
Y
ABSORBING PROTECTIVE SUR
F
ACE
IS REQUIRED UNDER &
AROUND
AL
L
PL
A
Y
SYSTEMS
GROUND S
P
ACE:
PROTECTIVE
AREA:
DR
A
WN B
Y
:
D
A
TE:
PHONE NO:
F
AX NO:
T
o promote safe and proper equipment use
by children. Miracle recommends the
installation of either a Miracle safety sign or
other appropriate safety signage near each
playsystem's main entry point(s) to inform
parents and supervisors of the age
appropriateness of the playsystem and
general rules for safe pla
y
.
COMPLIES
T
O
ADA
COMPLIES
T
O
ASTM/CPSC
THE PL
A
Y
COMPONENTS IDENTIFIED IN
THIS
PLAN
ARE IPEM
A
CE
R
TIFIED.
THE USE
AND
L
A
YOU
T
OF
THESE COMPONENTS CONFORM
T
O
THE REQUIREMENTS OF
ASTM F1487.
R0036_44543517
1 1
1 Bell Gardens, CA
Hannon Park
(877) 215
-
3869
(800) 264
-
7225 x102
Corona,CA
9106 Pulsar Ct
12/13/2021
Bryce Lawrence
106'
-
0" x 37'
-
0"
92'
-
6" x 33'
-
0"
MIRACLE PL
A
YGROUND SALES, INC.
ELE
V
A
TED PL
A
Y
ACTIVITIES
-
T
O
T
AL:
ELE
V
A
TED PL
A
Y
ACTIVITIES
ACCESIBLE B
Y
TRANSFER:
ELE
V
A
TED PL
A
Y
ACTIVITIES
ACCESIBLE B
Y
RAMP:
GROUND LEVE
L
ACTIVIT
Y
TYPE:
GROUND LEVE
L
QUANTIT
Y
:
REQ'D
REQ'D
REQ'D
REQ'D
AGE GROUP:
5 -
12 3
3 5
0 9
7 4
0 9
1270Exhibit 2
Payment Address
PO Box 734154
Dallas TX 75373-4154
Phone # (800) 264-7225
Fax # (877) 215-3869
[email protected]
www.miracle-recreation.com
Estimate Number MREC 3327
Estimate Date 2023-01-11
Expiration Date 2023-06-08
Customer City of Bell Gardens
Name Grissel Chavez
Phone (562) 806-7770
Email [email protected]
Sales Rep John Jason
Email [email protected]
Payment Terms Net 30
Project Name
Hannon Park, city of Bell Gardens-Miracle Playground
Description Quantity Total
MREC 5-12
Custom 5-12 Year Old Playground from Miracle
recreation Equipment Company. Drawing Number
R0036_44543517111
1 $59,752.56
MyTCoat
6' Bench with Back - Punched Steel - Inground.
Advantage Coating
4 $4,192.12
MyTCoat
8' Independent Pedestal Table - Punched Steel -
Inground Mount. Advantage Coating
4 $13,236.59
1271Exhibit 2
MyTCoat
32 Gallon Trash Receptacle - Punched Steel. Advantage
Coating
Includes:
Steel Dome Lids
Liner
Inground Mount
3 $3,455.73
$80,637.00
10.25% Sales Tax $8,265.29
Product Total $88,902.29
Description Quantity Rate
Freight Miracle
Shipping and Handling Charges for Miracle Recreation
Equipment. All prices are FOB Monett MO.
1 $5,324.79
Freight MyTCoat 1 $1,332.55
Mobilization
Mobilize Equipment and Materials
1 $2,703.75
Demolition
DEMO AND DISPOSE OF EXISTING EQUIPMENT
1 $3,785.25
Demolition
DEMO AND DISPOSE OF EXISTING POUR IN PLACE.
APPROXIMATELY 600 SQFT.
1 $2,595.60
Demolition
DEMO AND DISPOSE OF EXISTING RUBBER MULCH.
APPROXIMATELY 1,700 SQFT.
1 $5,515.65
Demolition
DEMO AND DISPOSE OF EXISTING CONCRETE TURN
DOWN CURB. APPROXIMATELY 70' LINEAR FEET.
1 $811.13
1272Exhibit 2
Installation
INSTALLATION ONLY OF MIRACLE RECREATION
EQUIPMENT - REFER TO MREC DRAWING
R0036_44543517111
TO BE INSTALLED PER MANUFACTURER'S
SPECIFICATIONS. ORTCO IS A MREC CERTIFIED
INSTALLER
1 $38,343.50
Site Work
PROVIDE, INSTALL, AND COMPACT SUB BASE
MATERIALS. APPROXIMATELY 2,300 SQFT.
1 $4,974.90
Surfacing
PROVIDE AND INSTALL POUR IN PLACE RUBBER
SURFACING.
APPROXIMATELY 2,300 SQFT. FOR AN AVG. CFH OF 9'.
50/50 BLACK AND
STANDARD COLOR WITH AROMATIC BINDER.
EXCLUDES DESIGNS AND
GRAPHICS.
1 $41,664.79
Installation
INSTALLATION ONLY OF 8' TABLES. INGROUND
OPTION.
5 $4,055.63
Installation
INSTALLATION ONLY OF 6' BENCHES WITH BACK
SUPPORTS. INGROUND OPTION.
4 $3,028.20
Installation
INSTALLATION ONLY OF TRASH RECEPTACLES.
INGROUND OPTION.
3 $1,135.58
Bond Fee 1 $4,305.00
$119,576.31
Tax $0.00
1273Exhibit 2
Shipping, Handling and Non Taxable Services Total $119,576.31 Pricing based on Miracle Recreation's Sourcewell contract #01521-LTS Grand Total $208,478.60
NOTES AND EXCLUSIONS:
• This estimate shall not become binding until signed and returned for approval. • A signature indicates acceptance of all terms, conditions, and prices listed. • A signed quote will not substitute for a Purchase Order if one is required by the Customer. Make purchase orders out to Miracle Recreation.
• Exclusions: All Unloading, Storage, Installation, Site Work, Fees & Permits, outside of the quoted above. • Footing calculations for playground equipment can be added for an additional fee if required • All signed quotes and/or purchase orders should be emailed to [email protected] or faxed to 877-215- 3869. Hard copies can be mailed to Miracle Playground Sales 9106 Pulsar Ct Suite C Corona, CA 92883 THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by the customer in writing or otherwise, as material alterations, and all such terms shall be void. The customer authorizes Miracle to ship the equipment and pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via a common carrier designated by Miracle. The customer agrees to pay all additional service charges for past due invoices per the terms listed above. The customer must provide proper tax exemption certificates to Miracle and promptly pay and discharge all applicable taxes, license fees, levies, and dismiss other impositions on the equipment at its sole expense. 1274Exhibit 2
WHY MIRACLE ®
1275Exhibit 2
Miracle brings you the thrills of a lifetime.
Miracle is one of the nation’s fi rst and most innovative playground equipment manufacturers. We fi rst began shaping the future of play in 1927 when our founder Johnnie Ahrens created the Whirl — a tilting, kid-powered merry-go-round — based on the timeless insight that, “Kids want action.” That same inspiration has driven more than 90 years of innovation, including the introductions of the fi rst fi berglass slide (1963), the 25-foot Mega Tower® (2000s), and the Avalanche Inclusive Slide (2015). Our latest advance, the Extreme Generation adventure playground, delivers challenging physical events for kids seeking extreme play. Its design brings play to new heights, with innovative, fully-enclosed skyways that provide elaborate rope-course-inspired activities far above ground, safely adding an element of perceived risk to any play space.
This never-ending dedication to innovation is the reason why, even after more than 90 years, the Miracle legacy remains focused on building yours.
VERSALOK
®
Our clamp design
eliminates the need for
stacking multiple clamps
and features a stainless
steel tamper resistant
fastener.
GATOR GRIP
®
The 3D textured pattern
makes it easy for kids to
make their next moves.
MIRA-THERM™
This textured vinyl
coating for deck surfaces
helps prevent rapid
heat transfer, while the
hole pattern keeps little
fi ngers safe.
COMPOUNDED RESIN
Provides superior strength
and durability, advanced
color fastness and UV
resistance.
The Miracle Advantage
We believe the experience of building a playground should be as intuitive as playing on it. From design, specifi cation, funding, purchasing and installation, we’ll be with you every step of the way. Our customized design process is free because there should never be a charge to dream.
Let’s get you started by envisioning a playground that is meant for your community and right for your budget. It’s why our legacy has always been about building yours.
SAFETY
We’re committed to providing equipment that meets and/or exceeds the performance safety specifi cations established by organizations such as ASTM, CPSC, CSA, CPSIA, IPEMA and EN.
To verify product certifi cation, visit www.ipema.org.
miracle-recreation.com 193
1276Exhibit 2
Red lime Forest GreenTropical YellowYellow ChartreuseOrange Green lavender Plum BurgundySkyTeal Cyan Blue Cobalt
Beige WhiteBrown light GrayBrownstone GraystoneDark Brown Gray Black (Roofs Only)
Rock-ite® Plastic Colors
Roofs, Slides, Big Timber® Components, Crawl Tubes, Bongos™, Bumpers and Panels.
Mira-lene™ Panel Colors
Red-Sand
Plum-Sand
Beige-Forest
Green
Beige-Red Beige-Gray Gray-Black Black-White White-BlackDark Brown-Sand
Red-Yellow Yellow-Sand Yellow-Blue Orange-SandYellow-Black lime-Sand Forest
Green-Sand
Blue-Sand Blue-Yellow Blue-White Cobalt-Sand
Yellow Forest Green Sand BlackRed Royal Blue
Miracle Swing Seat Colors
Color Choices
Miracle-Recreation.com196 COlOR CHOICES
1277Exhibit 2
Red Lime Forest GreenTropical YellowYellow ChartreuseOrange Green WhiteBrownBurgundy Light Gray
Sand
SilverDark Brown Metallic Gray Black
(Posts & Clamps Only)
BeigeLavender PlumAzureTeal Blue Cobalt
Mira-Cote™ Powder-Coated Painted Metal Colors
Posts, Arches, Swings and Accents (Railings & Climbers).
Mira-Cote™ Antimicrobial Painted Metal Colors
This proprietary treatment helps minimize bacterial mold, algae growth and stains.
Yellow Habanero Rainforest Desert Dunes GrayOrange Mediterranean Safari Mahogany White Red Hunter GreenRoyal Blue SandBrown Dark Gray
Mira-Therm™ Textured Colors
Mira-Therm coatings for Decks, Steps, Ramps, Bridges and Cargo Climbers are available in either orthophtalate-free Mira-Therm 2 (vinyl) or Mira-Therm PE (polyethylene)–based coatings with Antimicrobial enhancements.
Miracle® uses high quality materials and state of the art manufacturing processes. Commercial playgrounds and products are subjected to years of environmental and solar exposure. Such extreme exposure takes its toll on paints and pigments, and all colors will fade over time. So Miracle® does not warrant against color fading or discoloration. It is important to properly maintain your playground to ensure its longevity. Depending on environmental conditions at your location, the installation of fabric shade structures may help to delay fading and discoloration.
Actual colors in catalog may vary due to four color printing process. 197 COLOR CHOiCES COLOR CHOiCES
1278Exhibit 2
Navy Blue Chocolate
Blue
Royal Blue
Red
Cinnamon
Green
Laguna Blue Arizona
Yellow
Turquoise
Desert Sand
Rain ForestTerracotta
Terracotta
White
OliveSunflower Yellow
Desert Sand
Silver
Zesty LimeElectric Purple
Silver
Black
Perforated Diamond
Powder Coat OnlyPowder Coat and Plastisol
BrownBlue CharcoalGreenRed Sand WhiteBlack
Shade Fabric Colors
SHADESURE™ Fabrics Passes: NFPA 701 / ASTM-E84
COLOURSHADE® Fire Retardant Fabrics Passes: NFPA 701 / ASTM-E84 / OSFM TITLE 19 Site Furnishing Colors
Amenities receive a durable color coating that will not rust, crack, peel, or warp. Choose a powder coat color for framework and plastisol coating for table tops, seats, and backs.
Site Furnishing Patterns
Color Choices
Milwaukee
Brown
Recycled Plastic Colors
Cedar
Slat and Rib patterns (not shown)
available in select site furnishing
products.
Miracle-Recreation.com198 COLOR CHOiCES
1279Exhibit 2
Warranty
Miracle Recreation Equipment Company warrants its products against structural failure due to defects in materials and workmanship for the warranty periods and material categories prescribed below.
Buyer agrees that products sold by Miracle Recreation Equipment Company carry only the following warranties:
1. lIMITED WARRANTY FOR AS lONG AS YOU OWN THE PRODUCT: Aluminum deck posts, steel deck posts, versalok® fastening system, cast aluminum parts, and stainless steel hardware.
2. lIMITED FIFTEEN (15) YEAR WARRANTY: All rigid steel playground components, decks, steps, and weldments, rotationally molded and sheet plastic components, plastic lumber, roof panels, and stainless steel slides, except as otherwise specified below.
3. lIMITED TEN (10) YEAR WARRANTY: Fabric shade steel frames, and Shadesure™ and Colourshade FR fabrics (Note Exception:
limited Five (5) Year Warranty on Shadesure™ fabrics in colors Red, Yellow, Electric Purple, zesty lime, Cinnamon, and Olive.)
4. lIMITED EIGHT (8) YEAR WARRANTY:
• Fiberglass signage, accessible swing seats, precast PolyFiberCrete or precast concrete products. • Play Terrain Synthetic Turf safety surfacing against deterioration of specified attenuation performance and appearance. • Integrated shade fabric and components against rot, Uv deterioration and defects in materials and workmanship (Note Exception: limited Three (3) Year Warranty for fabric in shades of red).
5. lIMITED FIvE (5) YEAR WARRANTY:
• Heavy duty diamond barrier mesh and Kidrox™ Climbing Rocks. • Mira-Therm™ PvC coating and PE coating against cracking or peeling. • Park and Site Amenities (i.e. benches, tables, trash receptacles, etc.). • GFRP (Glass Fiber Reinforced Polymer) Products.
• Steel core cable nets and rope fittings and connections (Note Exception: Warranty does not cover normal wear and tear such as fraying or facing of cable coating).
6. lIMITED THREE (3) YEAR WARRANTY: Flexible belting, plastic border timbers and accessories, and electronic panel speakers, sound chips, and circuit boards.
7. lIMITED ONE (1) YEAR WARRANTY:
• Slashproof Swing Seats, 360° Bucket Tot Swing Seats, and Tuff Net no climbing mesh. • Pool slide support structures, stairways, landings and railings. • All other products, components and custom pieces that are not specifically listed above, including, without limitation, all moving parts, such as swing hangers and bearings, swivels, chains, whirls, springs and flexible components, and all high wear items, such as trolleys, cables, wheels, and bumper stops related to rail and cable ride products.
BUYER’S REMEDY: If any products prove defective or non-conforming under normal use and within the above-prescribed warranty periods and material categories, Buyer must promptly notify Miracle in writing at 878 E. Hwy 60, Monett, MO 65708 USA. Miracle does not warranty that any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the Purchaser or Owner of the discontinued color. Miracle may elect to inspect the alleged defect at Buyer’s site or at Miracle’s facility. Buyer shall not return products to Miracle unless authorized by Miracle to do so. Authorized returns must be properly packaged and shipped prepaid and insured, at Buyer’s expense. Upon verification of warranty coverage, Miracle may elect, in its sole discretion, to repair defective or non-conforming products, or replace them by delivering products or part(s) of similar functionality free of charge to the site. Miracle’s limited warranties do not cover the cost of labor to remove defective or non -conforming part(s) or to install repaired or replacement part(s). By use of these limited warranties, Buyer accepts their terms and limitations, and waives any rights it would otherwise have to claim or assert that such warranties fail of their essential purpose. Buyer agrees that venue for any court action to enforce these limited warranties shall be in Barry or Greene Counties in the State of Missouri. lIMITATIONS: All warranty periods begin on the date of Miracle’s invoice. Repaired and/or replacement part(s) are warranted only for the balance of the original limited warranty period. Warranties extend only to the original Buyer/end user for products purchased from Miracle or a Miracle authorized reseller, and are not transferrable.
Warranties apply only to Miracle products that are erected and installed in conformance with Miracle’s installation instructions, and that are maintained and inspected in conformance with Miracle maintenance and operational instructions.
Warranties specifically do not cover Miracle products:
• for cosmetic damage or flaws occurring under normal use, such as surface scratches, minor chips, hairline cracks, dents, marring, efflorescence, color fade (except for shade fabric as noted above), discoloration, corrosion/rust, fraying, or warping of recycled plastic lumber;
• that have been modified, altered, or repaired by unauthorized third parties; • that have not been used as designed or intended, or misused; • to which non-Miracle parts have been added or substituted; • that have been removed from their original location and re-installed elsewhere, without pre-approval by Miracle; • or that have been damaged due to excessive wear and tear, vandalism, abnormal use, abuse, negligence, environmental factors (such as wind-blown sand, salt spray, or airborne emissions from industrial sources), extreme weather (such as hail, flooding, lightning, tornados, sandstorms, earthquakes, or wind storms), and acts of God.
THE FOREGOING lIMITED WARRANTY IS THE SOlE AND EXClUSIvE WARRANTY FOR SEllER’S PRODUCTS, AND IS IN lIEU OF All OTHER WARRANTIES, EXPRESS OR IMPlIED, IN lAW OR IN FACT. SEllER SPECIFICAllY DISClAIMS All OTHER WARRANTIES, EXPRESS OR IMPlIED, INClUDING, WITHOUT lIMITATION, All IMPlIED WARRANTIES OF MERCHANTABIlITY AND FITNESS FOR A PARTICUlAR USE OR PURPOSE, AND ANY IMPlIED WARRANTIES ARISING OUT OF COURSE OF DEAlING OR PERFORMANCE OR TRADE USAGE. SEllER SHAll NOT BE lIABlE FOR ANY INCIDENTAl, CONSEqUENTIAl, EXEMPlARY, SPECIAl, OR PUNITIvE DAMAGES, OR ANY lOSS OF REvENUE, PROFIT OR USE, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SAlE, INSTAllATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT. IN NO EvENT WIll SEllER BE lIABlE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF A DEFECTIvE PRODUCT.
Prices are subject to change without notice and are exclusive of installation, surfacing, transportation, insurance, taxes, license fees, customs fees, duties, premiums, fees, and other changes. 195 CERTIFICATIONS WARRANTY 1280Exhibit 2
• ISO 9001 Certification: The
International Standards Organization
is a network of national standard
institutes from 146 countries that
work in partnership with international
organizations, governments, industry,
business, and consumer
representatives to develop universal
standards for quality, environmental,
and management processes.
• The Miracle Recreation Equipment
company has been certified to
14001:2015 for its environmental
management system.
• Canadian Welding Bureau Certified
• The space requirements in this catalog are shown
to ASTM standards. Requirements for other
standards may be different.
• European Norm EN-1176. Miracle® offers
playgrounds that have been certified by Tüv
Product Service, the recognized testing house
designated by the European Union. This
certification demonstrates compliance with the
European Harmonized Standard for Commercial
Play Equipment, EN 1176.
• IPEMA Member: Miracle® is a member in good
standing of the International Play Equipment
Manufacturer’s Association (IPEMA), a mem-
ber-driven international trade organization which
represents and promotes an open market for
manufacturers of play equipment.
• In the interest of playground safety, the Interna-
tional Play Equipment Manufacturers Association
(IPEMA) provides a Third Party Certification
Service whereby a designated independent
laboratory, TÜv SÜD America Inc., (TÜv),
validates an equipment manufacturer’s certifica-
tion of conformance to the ASTM F1487 Standard
Consumer Safety Performance Specification for
Playground Equipment for Public Use, except
sections 7.1.1, 10, 13.1.1, 13.1.2, 13.2, and 13.3; to
CAN/CSA z614 Children’s Playspaces and
Equipment, except clauses 10 and 11; or both. A
list of current validated products may be viewed
at www.ipema.org.
• In the Interest of playground safety, the
International Play Equipment Manufacturers
Association (IPEMA) provides a Third Party
Certification program whereby a designated
independent laboratory, TÜv SÜD America Inc.,
(TÜv), validates a surfacing manufacturer’s
certification of conformance to ASTM F1292,
Standard Specification for Impact Attenuation
Under and Around Playground Equipment Perfor-
mance Criterion, Section 4.2; ASTM F1292,
Standard Specification for Impact Attenuation
Under and Around Playground Equipment Perfor-
mance Criterion (in its entirety); ASTM F3351,
Standard Test Method for Impact Testing In labo-
ratory at Specified Test Height; and for an
engineered wood fiber manufacturer its
certification of conformance, also to ASTM
F2075, Standard Specification for Engineered
Wood Fiber for Use as a Playground Safety
Surface Under and Around Playground Equip-
ment; and for a loose Fill Rubber manufacturer
its certification of conformance, also to ASTM
F3012, Standard Specification for loose Fill
Rubber for Use as a Playground Safety Surface
under and around Playground Equipment. A list
of current validated products, their thickness and
critical height may be viewed at www.ipema.org.
Certifications
Miracle-Recreation.com194 CERTIFICATIONS
1281Exhibit 2
17 EXHIBIT “C”
SOURCEWELL DOCUMENTS
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Solicitation Number: RFP #010521
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and PlayPower, Inc., 11515 Vanstory Drive #100, Huntersville, NC 28078 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Playground and Water Play Equipment with Related Accessories and Services from which Vendor was awarded a contract.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires February 17, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
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All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
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time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing
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restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.
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Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
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B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
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Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.
D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.
E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their
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respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.
12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.
Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
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a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.
D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.
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15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
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x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
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4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance
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maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
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The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40
1296Exhibit 2
010521-LTS
Rev. 10/2020 15
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any
1297Exhibit 2
010521-LTS
Rev. 10/2020 16
agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
1298Exhibit 2
010521-LTS
Rev. 10/2020 17
22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell PlayPower, Inc.
By: __________________________ By: __________________________ Jeremy Schwartz W. Todd Brinker
Title: Director of Operations &
Procurement/CPO
Title: Senior Vice President Global Sales &
Marketing Outdoor Play
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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1308Exhibit 2
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Bid Number: RFP 010521 Vendor Name: PlayPower
1319Exhibit 2
Rev. 2/2020 Sourcewell RFP #010521
Playground and Water Play Equipment with Related Accessories and Services