Members of the public may address the City Council on any item shown on the agenda or matter of the Council’s authority after completion of “Request to Address the Council Form” available in the lobby of the Council Chambers. This form must be completed 15 minutes prior to the scheduled meeting time.
Pursuant to Section 54957.5 of the California Government Code, Any writings (Except for those writings which are exempt from disclosure) which are distributed to all or a majority of the members of the City Council are available for public inspection in the lobby of the City Council Chambers and in the office of the City Clerk during regular business hours.
COMPTON CITY COUNCIL
AGENDA
06/14/2022
5:30 PM
HEARINGS
5:35 P.M. - PUBLIC HEARING - PLANNING COMMISSION APPEAL ON CONDITIONAL USE PERMIT CASE NO'S. 21-011 AND 21-012, MITIGATED NEGATIVE DECLARATION NO. 950, MITIGATION MONITORING AND REPORTING PROGRAM (3010 NORTH ALAMEDA)
5:45 P.M. - PUBLIC HEARING - FIREWORKS APPROVAL/DENIAL HEARING (Item #5)
OPENING
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
ROLL CALL
INTRODUCTION OF SPECIAL GUESTS
1. POWER POINT PRESENTATION - Los Angeles Hospitality Education Center - Jessy Henderson
PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
-2- City Council Agenda
6/14/2022 5:30 PM
CONSENT AGENDA
Consent items are routine and expected to be non-controversial. They will be acted upon by the Council at one time without discussion unless a Council Member requests an item be removed or discussed..
APPROVAL OF MINUTES
2. MAY 17, 2022
REGULAR AGENDA
REPORTS OF OFFICERS, BOARDS, COMMISSIONS AND COMMITTEES AND
CITY COUNCIL
3. APPOINTMENT(S) OF OFFICERS, COUNCIL MEMBERS,
BOARDS/COMMISSIONS AND COMMITTEES
AUDIT AD HOC COMMITTEE,
AD HOC FINANCE COMMITTEE
MULTI-JURISDICTIONAL ASSOCIATION AND COMMITTES
CITY MANAGER'S REPORT
4. A REQUEST TO SCHEDULE A PUBLIC HEARING FOR AN APPEAL REQUEST TO DEVELOP A 60 UNIT GATED CONDOMINIUM COMMUNITY ON A 2.45
ACRE SUCCESSOR AGENCY OWNED SITE LOCATED AT COMPTON
BOULEVARD BETWEEN DWIGHT AVENUE AND KEMP AVENUE (June 28, 2022 at 5:35 p.m.)
5. FIREWORKS APPLICATION APPROVAL (Action Item)
NEW BUSINESS
6. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON LEVYING A MUNICIPAL TAX RATE FOR THE FISCAL YEAR 2022-2023
7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
ESTABLISHING THE HOLIDAY SCHEDULE FOR CITY EMPLOYEES FOR FISCAL YEAR 2022 – 2023
8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,160 AND AUTHORIZING THE CITY MANAGER TO RE-ESTABLISH THE CITY’S CORPORATE CREDIT CARD
ACCOUNT TO BE UTILIZED SOLELY AND EXCLUSIVELY FOR APPROVED
CITY BUSINESS
-3- City Council Agenda
6/14/2022 5:30 PM
9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER FOR
INFRASTRUCTURE ENGINEERS FOR CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES FOR THE ANNUAL RESIDENTIAL STREET
REHABILITATION PROJECT, CIP # 18-01, PHASE 2B ($354,801)
10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSTRUCTION
CONTRACT WITH AND ESTABLISH A PURCHASE ORDER FOR ALL
AMERICAN ASPHALT FOR THE ANNUAL RESIDENTIAL STREET
REHABILITATION PROJECT, CIP# 18-01, PHASE 2B ($6,840,971.50)
11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A 3-YEAR
PROFESSIONAL SERVICES AGREEMENT WITH AND ISSUE A PURCHASE ORDER FOR NV5, INC. FOR ON-CALL CIVIL AND TRAFFIC ENGINEERING SERVICES IN THE AMOUNT OF $500,000 ANNUALLY
12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO AMEND THE PROFESSIONAL
SERVICES AGREEMENT TO EXTEND THE TERMS WITH AND ESTABLISH A PURCHASE ORDER FOR JMC2 ENGINEERING + SURVEYING TO PROVIDE
ENGINEERING DESIGN AND CONSTRUCTION SUPPORT SERVICES
PURSUANT TO THE ALAMEDA-STATE ROUTE 91 URBAN
GREENING/FORESTRY AND WATER RECLAMATION GRANT PROJECT
($91,481.80)
13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE 2021-2022 FISCAL YEAR BUDGET TO TRANSFER FUNDS
FROM THE AMERICAN RESCUE PLAN ACT AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH SOUTH COAST FIRE EQUIPMENT INC., (PIERCE MANUFACTURING) FOR THE PURCHASE OF FOUR (4) PIERCE ARROW XT FIRE ENGINES AND ONE (1) PIERCE ARROW XT 107' QUINT CAPABLE TRUCK ($4,998,817.35)
COUNCIL COMMENTS
ADJOURNMENT
NEXT REGULAR MEETING: 6/21/2022 @ 5:30 PM
Visit our website at http://www.comptoncity.org
1. - LAHE C OVER VIEW -
WHAT IS THE LOS ANGELES
HOSPITALITY EDUCATION CENTER?
The LAHEC is an education center operating at
SoFi Stadium
OUR MISSION
Our educational programs are designed to provide
graduates with work -ready skills to enable them to
obtain entry -level employment in the culinary and
hospitality industries.
OBJECTIVES
Provide hand’s -on education with low student to
teacher ratios allowing for an exceptional learning
experience in state -of -the -industry kitchens, dining room, concessions, bar, and lounge laboratories.
- EDUCATIONAL PROGRAMS -
CULINARY ARTS
The six-month Culinary Arts program prepares
graduates for a variety of careers in the food
service industry. This preparation is
accomplished through practical experiences in
simulated commercial kitchens, including
simulated situations with real-world production
applications.
FOOD & BEVERAGE
SERVICE
The three-month Professional Food & Beverage
Service Program prepares graduates for a
variety of careers in the food service industry.
This preparation is accomplished through
practical experiences in a simulated dining
environment.
BEVERAGE SERVICE
The three-month Professional Beverage Service
Certificate Program prepares graduates for a
variety of careers in the food service industry.
This preparation is accomplished through
practical experiences in a simulated bar and
lounge environment.
- OUR STUDENTS -
Students of the LAHEC are an ethnically and culturally diverse group seeking fast-paced, short-term skilled-based education, who learn best with hands on training and are looking for opportunity and growth in the hospitality industries.
- STUDEN T BENEFIT S -
LOW COST OF
TUITION
SHORT TERM
PROGRAMS
CLASSES
JUST 3 DAYS A
WEEK
SKILLS -BASED
CURRICULA
LOW TEACHER
TO STUDENT
RATIOS
HIGHLY
EXPERIENCED
LOCAL
FACULTY
EARLY ACCESS
TO JOBS AT
HOLLYWOOD PARK
- WAGE PREMIUMS
ACCESS TO
SCHOLARSHIPS
PAYMENT
PLANS
- JO B PLA CEMEN T OPPO RTUNITIE S -
JOB OPPORTUNITIES FOR LAHEC GRADUATES WILL BE AVAILABLE WITH
LEGENDS AT SOFI S TADIUM & HOLLYWOOD PARK
STADIUM
ADDITIONAL LOCAL OPPORTUNITIES FOR
EMPLOYMENT WITH LEGENDS
The Los Angeles Hospitality Education Center has established preferred placement opportunities and premium wage rates for its enrolled students and graduates for available positions within the Hollywood Park Entertainment District.
- STUDENT BENEFITS -
The Los Angeles Hospitality Education Center has as an objective to provide ample financial resources, in lieu of traditional state and federal financial aid programs, as a means to assist its students with the cost of completing its skills-based education programs in order to enter the hospitality industry as a skilled, entry-level worker.
The following are a variety of vehicles for students and graduates to mitigate the cost of tuition at the Los Angeles Hospitality Education Center
LAHEC Direct Scholarship
Academic Scholarship
Perfect Attendance Award
Needs-based Scholarships
- COMMUNITY BENEFITS -
Promote Youth
Career Outlook
Opportunities
Improved
Employment
Rates
Training for
one of LA
County’s top
5 growing
industries
Provides
Oppo rtunitie s
for the Under
Employed
Strive to
help
communities
through
volunteering
Promotes
Economic
Independence
- JOB PLACEMENT OPPORTUNITIES -
Source: Anderson March 2021 economic outlook
Single Largest Employment
Growth by Industry in LA
County is Leisure/Hospitality
Source: LAEDC 2021 economic forecast
(Los Angeles-Long Beach-Anaheim metropolitan area +8.2%) Source: U.S. Bureau of Labor Statistics
If awarded this scholarship I would be BEYOND THANKFUL! It may sound a little cliché, but it has always been my lifelong dream to be able to attend a culinary school where myself taught skills can be polished to perfection, this scholarship would give me the opportunity to educate myself and be more knowledgeable in the culinary field
- Marshay Boyd
I want to be awarded the LAHEC scholarship because cooking is my passion and I've always wanted to go to culinary school, but I was a single mother at a young age. Growing up I didn't really have financial assistance and my family's money crisis was one of the reasons why I felt like I couldn't go forward with my career and I'm looking forward to this opportunity to take my skills to the next level. - Tiffany Mejia
After graduating high school unfortunately, I was unable to continue with a college career. Being in the food industry has al ways been one of my dreams. Since a very young age as the oldest daughter, I was the one to help around the house and food preparation for the re st of my other six siblings. I learned how to cook just about everything from how to prepare the meats before being cooked to the way of properly w ashing all the fruits and vegetables. I learned some very interesting recipes from my grandmother that after years went by, and I cook for guests until this day they have become very popular. I also in a new way made a few changes to some of those recipes that have changed them for an eve n greater taste. I cater to friends and family at big special events because they are more than happy with the way my food comes out at the end. I keep my self-busy reading about and learning new recipes to better myself always. My dream is to become a chef, open my own family restaurant, and share some of grandmother's own unforgettable delicious recipes. -Vicki Moreno
- STUDENT TESTIMONIALS -
Los Angeles Hospitality Education Center Scholarship Eligibility Current students of LAHEC are enrolled in the Culinary Arts program and are all recipients of the LAHEC Direct Scholarship
Scholarship Application - LAHEC (la-hec.com)
Students who are at least 18 years of age and who have a high school diploma, GED or pass the ATB test may apply.
Los Angeles Hospitality Education Center
1001 S. Stadium Drive
Inglewood, CA 90305
WWW.LA-HEC.COM
310-975-7070
CONTACT
US
THANK YOU
MAY 17, 2022
The Compton City Council meeting was called to order at 5:40 p.m. by Mayor Emma Sharif in the Council Chambers of City Hall. The Moment of Silence Ceremony and the Pledge of Allegiance was led by Mayor Sharif.
ROLL CALL
Council Members Present – D. Duhart, I. Galvan, J. Bowers, L. Darden, Mayor E. Sharif Council Members Absent – None
Other Officials Present: E. Perrodin, A. Godwin, B. Mims, T. Thomas
COMMENDATORY RESOLUTIONS/PRESENTATIONS
1. CERTIFICATE PRESENTATION - Chris Olivares, Years of Dedicated Community Service (Mayor Emma Sharif)
The Mayor and City Council presented a commendation to Chris Olivares acknowledging him for the many years he has dedicated to working with the youth in the community with Compton Junior Cricket Academy. Mr. Olivares was thanked for his many contributions to the youth and impact he has made on the lives of the youth in keeping them off the street and keeping them entertained and focused on success.
Mr. Chris Olivares thanked the City Council and the entire City for this very distinguished award and committed himself for acknowledging the work they do and further commended the coaches and the parents and youth that worked with the Junior Cricket program.
PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
David Garcia spoke out against the potholes and the extremely poor condition of the streets of Compton and added that he has raised over 100 signatures from the residents demanding that the streets be repaired and repaved. Mr. Garcia recited stories of how the City’s numerous potholes have caused various damages to their vehicles and added that individuals have even fallen and become injured as a result of the potholes. Mr. Garcia urged the City Council to develop a plan to upgrade all the streets in Compton.
Jennifer Tyus stated that there are a lot of problems throughout the World between the races. Ms.
Tyus addressed the City Council regarding her encounters with the Compton Sheriffs and indicated that she has been unfairly targeted by the Department. She recalled an incident whereby during a phone call, a Sheriff’s Dispatcher called her Mother a racist term and hung up on her, and they have never apologized. She stated that the Sheriff’s Department have labeled her as a ‘constant caller’ and added that they do not respond to her calls for service. Ms. Tyus further stated that she has reported the Compton Sheriff’s Department to the FBI and the White House and further requested assistance from the City Council.
Anthony Lewis asked the City Council for their discretionary approval to allow the Successor Agency to complete the proposal for the property at 700 North Bullis Road. Mr. Lewis indicated that the project would increase income for the City and provide a scholarship program for the residents. Mr. Lewis then indicated that College of Instrument Technology (CIT) would like to place a training site at 700 N. Bullis Road to provide training for the Veterans and other residents of the community.
Harold Durbin, representing CIT, spoke in support of Anthony Lewis and his endeavor to be able to allow the organization to place a training school at 700 N. Bullis Road. Mr. Durbin indicated that the company has made many improvements at the proposed site location and added that CIT will provide “hands on” training for the residents to perform street repairs, adding that the City needs only to supply the necessary materials to perform the tasks. Mr. Durbin concluded by stating that the Council will be able to provide scholarships to the returning Veterans and residents of the City of Compton.
2. Brother Zaafir, Muslim Historical Society, stated that he is greatly inspired by everything he sees when he attends the City Council meetings. Brother Zaafir indicated that peace is found with the Oneness of God the Most High. Brother Zaafir extoled the beliefs of the Quran and Islam.
DeSean Watkins thanked Councilman Galvan for the commendation for his deceased Mother and further thanked the City Council and the community for allowing him to work with the City. Mr.
Watkins stated that it is his goal to unite the community and highlight the positivity and showcase the many talents of the residents of the City of Compton.
Judge Kelvin Filer spoke in support of agenda item Number 6 (Street vacation of Cocoa Street), which would allow for the construction of the new Compton High School. Judge Filer noted that he is a proud member of the Compton High School Class of 1973 and indicated that it was painful to see Compton High torn down, however, he was extremely excited to see the wonderful groundbreaking ceremony for the new Compton High School. Judge Filer then suggested that the City Council consider a quarterly meeting between the Compton Unified School Board, Compton College Board and the Compton City Council to create and foster an atmosphere of coordination and cooperation.
Gilda Blueford suggested that the Council require the various City Departments to include their request for supplies and equipment, objectives, cost analysis and detailed expenditure lists for the next budget workshop. Ms. Blueford also requested that the community be provided with status reports so that the residents may know where and how their tax dollars are being spent.
Miller Martin commented that the L.A. County Sheriffs do not have a strategy to combat the street takeovers, and further indicated the Compton Sheriffs were called and responded and parked near his property for quite some time. However, after the Deputies left, the street takeovers resumed. Mr. Miller suggested that there be more Sheriff’s Deputies patrolling the streets of Compton to deter the illegal street takeovers.
Lena Cole Dennis stated that she lives near Rosecrans and Central and added that she walks every day throughout the City of Compton. Ms. Dennis urged the City Council to repair the streets and sidewalks for the safety of the residents and added that the buses are also having a difficult time maneuvering through the City because of the numerous potholes. Ms. Dennis concluded by encouraging the City to reopen Wilson park.
Mr. Solomon offered his services as an electrician and further noted that he would like to purchase a home in Compton and questioned if the City has a program whereby, he can return to Compton as a homeowner. Mr. Solomon also requested that the City reopen Wilson park where he often played as a child.
Richard Earl informed the City Council that there has been standing water on the Greenleaf Boulevard parkway for over 6 months and indicated there are mosquitoes in the stagnant water.
Mr. Earl noted that there is a ban on marijuana dispensaries in the City of Compton and further urged the City Council to immediately and permanently close all of the dispensaries. Mr. Earl commented on the lack of parking for the residents and added that the new housing developments must provide adequate parking for their residents. Mr. Earl detailed the damages done to his vehicles as a result of driving through the City and further requested that the City Council seriously develop a strategic plan to promptly repair the streets.
Dr. Michael Tankersley indicated that most of the City’s problems can be solved with new technology and other resources and further suggested that the Council use artificial intelligence to improve the City of Compton. Dr. Tankersley also encouraged the City Council to utilize solar power and remove all of the above ground electrical wires around the City.
Sheila Smith suggested that the community work in conjunction with the Compton Sheriff’s Department to develop solutions to stop the illegal street takeovers, such as increasing fines and perform vehicle seizures. Ms. Smith then urge the citizens of the community to take responsibility and not place all of the blame on the Compton Sheriff’s Department.
Lynn Boone spoke in opposition to agenda item Number 8 (Amending the FY 2021/2022 Budget- Electric Parking Vehicles) and stated that the Code Enforcement Division recently purchased chargers, and the City should be utilizing those chargers instead of purchasing new ones. Ms.
Boone then addressed agenda item Number 9 (Amending Water Department FY 2021-2022 Budget) and questioned the whereabouts of the $42 Million Water Bond funds, noting that the item pays out too much for consultants. Ms. Boone concluded by questioning why Measure P funds are being used to pay the Sheriffs and further requested that the meeting be adjourned in memory of John Greenwood.
Fidel Marquez addressed agenda item Number 9 (Amending Water Department FY 2021-2022 Budget) and questioned why the scheduled maintenance of the wells was not included in the budget, rather than using Covid-19 funds without the input of the residents. Mr. Marquez spoke about the repairs he and many of the residents have had to make on their vehicles and urged the City Council to repair the streets and provide the residents with services that they deserve.
Mr. Marquez offered his thanks to the Compton Fire Department for quickly responding to a car fire and preventing a larger fire that could have involved the entire block. Mr. Marquez concluded by urging the City Council to provide for outside resources for additional police patrol. 5:35 P.M. – PUBLIC HEARING – STREET VACATION NO. 20-002 (Compton High School Campus) Item#6)
On motion by Galvan, seconded by Darden, the public hearing was opened at 6:57 p.m. by the following vote on roll call:
AYES: Council Members – Duhart, Galvan, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
Robert Delgadillo, Planning Department, reported that on April 19, 2022, the City Council adopted Resolution No. 25,647, which declared its intention to vacate a portion of excess public right-of-way and scheduled a public hearing for May 17, 2022.
Mr. Delgadillo stated that the Compton Unified School District (CUSD), the applicant, is requesting approval of Street Vacation No. 20-002, to facilitate the Compton High School reconstruction and expansion project. The street vacation will consist of a 60-foot by approximately 600-foot section of West Cocoa Street located between South Acacia Avenue and formerly South Oleander Avenue. The total area of the vacation will be approximately 36,000 square feet. The proposed street vacation (abandonment) will facilitate the Compton High School campus expansion to West Alondra Boulevard.
Pursuant to Section 65402 of the Government Code of the State of California the Planning Commission is required to review all vacations for conformity with the general plan. On February 9, 2022, the City of Compton Planning Commission adopted Resolution No. 4034, which declared that the proposed street vacation as legally described on Exhibit “A”, is in conformance with the goals and policies of the City of Compton’s adopted 1991 General Plan.
The proposed vacation was reviewed by the City of Compton Public Works Engineering and Street Maintenance Department’s and has determined that the area to be vacated is not necessary for current or future public use and that the vacation serves the public interest and is a public benefit as it eliminates any maintenance costs and liabilities imposed on the City associated with the right- of-way.
Mr. Delgadillo stated that approval of the request will have no significant impact on municipal expenditures. The City will relinquish its future maintenance responsibility of the public right-of- way, if the street vacation is granted. Any specific cost savings related to Cocoa Street cannot be determined at this time by the Public Works Department due to insufficient maintenance cost history. The City has not performed any maintenance on Cocoa Street in the recent past other than street sweeping.
PUBLIC COMMENTS REGARDING THE HEARING
Lynn Boone questioned whether there are any residents currently living on the proposed vacated street.
Mr. Delgadillo indicated that the school district owns the property and there are no residents at the location site.
Anthony Lewis commented that he is a retired County Engineer with the Highway Department and noted that this is the correct process and procedure for the next step in the construction process.
There being no further comments, It was moved by Galvan, seconded by Darden, the hearing was closed at 7:03 p.m. by the following vote on roll call:
AYES: Council Members – Duhart, Galvan, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
CONSENT AGENDA
APPROVAL OF MINUTES
2. APRIL 19, 2022
APRIL 26, 2022
It was moved by Galvan, seconded by Duhart, that the consent agenda be approved.
Councilmember Darden commented that on Page 4 of the April 19, 2022, minutes, the name of the person she recommended to fill the vacancy on the Personnel Board is ‘Hugo Arellano.’ The minutes for April 19, 2022 and April 26, 2022 were approved by the following vote on roll call AYES: Council Members – Duhart, Galvan, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
REGULAR AGENDA
REPORTS OF OFFICERS, BOARDS, COMMISSIONS AND COMMITTEES AND CITY
COUNCIL
3. APPOINTMENT(S) OF OFFICERS, COUNCIL MEMBERS,
BOARDS/COMMISSIONS AND COMMITTEES
MEASURE P (Mayor, District 2 & 4) APPOINTMENTS
Mayor Sharif and Councilman Galvan indicated that they would make an appointment at a later date.
On motion by Darden, seconded by Galvan, Richard Earl was appointed to the Measure P Committee, by the following vote on roll call:
AYES: Council Members – Duhart, Galvan, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
CITY MANAGER’S REPORT
4. A REQUEST TO SCHEDULE A PUBLIC HEARING TO APPEAL AN PLANNING COMMISSION DECISION ON CONDITIONAL USE PERMIT CASE (CUP) NO. 21-011, CONDITIONAL USE PERMIT CASE (CUP) NO. 21-012 AND MITIGATED NEGATIVE DECLARATION (MND) NO. 950 AND MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) (3010 NORTH ALAMEDA (June 14, 2022, at 5:35 p.m.)
On motion by Darden, seconded by Galvan, the public hearing was scheduled for June 14, 2022, at 5:35 p.m. by the following vote on roll call:
AYES: Council Members – Duhart, Galvan, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
5. A REQUEST TO SCHEDULE A PUBLIC HEARING - CHARGES FOR SOLID
WASTE AND RECYCLABLE MATERIALS HANDLING SERVICES TAX ROLL BILLING FOR 2022-2023 (July 12, 2022, at 5:35 p.m.)
On motion by Galvan, seconded by Darden, the hearing was scheduled for July 12, 2022, at 5:35 p.m. by the following vote on roll call:
AYES: Council Members – Duhart, Galvan, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
NEW BUSINESS
6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
APPROVING AND ORDERING THE VACATION OF A PORTION OF WEST COCOA STREET (60-FEET BY APPROXIMATELY 600-FEET), LOCATED
BETWEEN SOUTH ACACIA AVENUE AND FORMERLY SOUTH OLEANDER AVENUE AND LOCATED ADJACENT TO 601 SOUTH ACACIA AVENUE
(COMPTON HIGH SCHOOL CAMPUS), IN COMPTON (STREET VACATION NO. 20-002)
On motion by Galvan, seconded by Darden, Resolution Number 25,661 entitled ‘ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING AND ORDERING THE VACATION OF A PORTION OF WEST COCOA STREET (60- FEET BY APPROXIMATELY 600-FEET), LOCATED BETWEEN SOUTH ACACIA
AVENUE AND FORMERLY SOUTH OLEANDER AVENUE AND LOCATED
ADJACENT TO 601 SOUTH ACACIA AVENUE (COMPTON HIGH SCHOOL CAMPUS), IN COMPTON (STREET VACATION NO. 20-002)’ was adopted by the following vote on roll call:
AYES: Council Members – Duhart, Galvan, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,613 AND APPROVING AN AMENDMENT
TO THE POSITION CLASSIFICATION PLAN BY ADOPTING
AMENDED CLASSIFICATION SPECIFICATIONS FOR SENIOR PUMP
OPERATOR AND ADJUSTING THE SALARY RANGE FROM 121 TO 143 AND
AUTHORIZING THE CITY MANAGER TO AMEND THE MUNICIPAL WATER DEPARTMENT'S FISCAL YEAR 2021-2022 BUDGET TO ADD ONE SENIOR
PUMP OPERATOR POSITION AND ONE ADMINISTRATIVE ANALYST II
POSITION AND REMOVE ONE VACANT CROSS CONNECTION
INVESTIGATOR AND ONE VACANT ADMINISTRATIVE SPECIALIST
POSITION
On motion by Darden, seconded by Duhart, Resolution Number 25,662 entitled ‘ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,613 AND APPROVING AN AMENDMENT TO THE POSITION
CLASSIFICATION PLAN BY ADOPTING AMENDED CLASSIFICATION
SPECIFICATIONS FOR SENIOR PUMP OPERATOR AND ADJUSTING THE SALARY RANGE FROM 121 TO 143 AND AUTHORIZING THE CITY MANAGER TO AMEND THE MUNICIPAL WATER DEPARTMENT'S FISCAL YEAR 2021-2022 BUDGET TO
ADD ONE SENIOR PUMP OPERATOR POSITION AND ONE ADMINISTRATIVE
ANALYST II POSITION AND REMOVE ONE VACANT CROSS CONNECTION INVESTIGATOR AND ONE VACANT ADMINISTRATIVE SPECIALIST POSITION’ was adopted by the following vote on roll call:
AYES: Council Members – Duhart, Bowers, Darden, Sharif
NOES: Council Members – None
ABSENT: Council Members – Galvan
8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE 2021-2022 FISCAL YEAR BUDGET TO TRANSFER
FUNDSAND AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS AND SIGN SUPPORTING DOCUMENTS TO EVTS, INC. AND
CHARGEPOINT, INC. FOR ELECTRIC PARKING VEHICLES AND CHARGING STATIONS AND ANCILLARY INFRASTRUCTURE ($651,950.00)
It was moved by Darden, seconded by Duhart, that the resolution be adopted.
Councilman Bowers requested a presentation on the vehicles to be purchased.
Councilmember Darden questioned whether Staff had check to determine if the City’s current charging station are compatible with the new vehicles.
Damion Timmons, Street Superintendent, indicated that the charging stations were purchased in 2019 and added that the charging stations are now outdated and will not work for the new vehicles.
Mr. Timmons then indicated that he would provide one of the vehicles for review by the Councilmembers prior to the next City Council meeting.
After further discussion, the motion and second were withdrawn. The item will be considered at a subsequent City Council meeting.
9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE MUNICIPAL WATER DEPARTMENT'S FISCAL YEAR 2021- 2022 BUDGET AND APPROPRIATING SEVEN MILLION NINE HUNDRED EIGHTY-EIGHT THOUSAND DOLLARS ($7,988,000.00) OF AMERICAN
RESCUE PLAN ACT FUNDS TO THE CAPITAL BUDGET
It was moved by Darden, seconded by Galvan, that the resolution be adopted.
Councilmember Bowers questioned what machinery and what equipment is being ordered.
Don Nguyen, Water Department Manager, provided a brief presentation which detailed the location and condition of the various wells and Water Department working locations.
Resolution Number 25,663 entitled ‘A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COMPTON AMENDING THE MUNICIPAL WATER DEPARTMENT'S FISCAL YEAR 2021-2022 BUDGET AND APPROPRIATING SEVEN MILLION NINE HUNDRED EIGHTY-EIGHT THOUSAND DOLLARS ($7,988,000.00) OF AMERICAN RESCUE PLAN ACT FUNDS TO THE CAPITAL BUDGET’ was adopted by the following vote on roll call:
AYES: Council Members – Duhart, Galvan, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING FIRST QUARTER BUDGET AMENDMENT TO THE 2021-2022
FISCAL YEAR BUDGET, TRANSFERRING FUNDS BETWEEN VARIOUS
ACCOUNTS, AND AMENDING THE EXISTING PERSONNEL SUMMARY
It was moved by Galvan, seconded by Duhart, that the resolution be adopted.
Sharon Rahban commented that this adjustment is needed in order to maintain a balanced budget and correct inadvertent errors. All of these transactions are “cost neutral” they do not increase or decrease net Budget appropriations.
A Resolution entitled ‘ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING FIRST QUARTER BUDGET AMENDMENT TO THE 2021-2022
FISCAL YEAR BUDGET, TRANSFERRING FUNDS BETWEEN VARIOUS ACCOUNTS, AND AMENDING THE EXISITING PERSONNEL SUMMARY’ failed by the following vote on roll call:
AYES: Council Members – Duhart, Darden, Sharif
NOES: Council Members – None
ABSENT: Council Members – None
ABSTAIN: Council Members – Galvan, Bowers
COUNCIL COMMENTS
Councilmember Duhart offered the following communications/announcements:
Encouraged everyone to stay safe and have a Blessed evening.
Councilmember Galvan offered the following communications/announcements:
Requested that the traffic signal on Alameda Street be repaired as soon as possible. Thanked David Garcia for assisting the City and cleaning and sanitizing the Council Chambers and the podium during the Council meetings and further urged everyone to stay safe.
Councilmember Bowers offered the following communications/announcements:
Thanked the residents for attending the meeting and urged everyone to stay safe.
Councilmember Darden offered the following communications/announcements:
Commented that she, along with other Compton residents, attended a meet and greet with Congresswoman Maxine Waters at the Center for Sustainable Communities whereby Ms. Waters encouraged the City to utilize all the CDBG funds available. Commented that she attended a wonderful event hosted by the Compton 125 Historical Society which featured Historians who shared insight into how Compton became the first minority-governed municipality in the County of Los Angeles. Announced that she has sent communication to the Compton Post Office regarding the upkeep of both Compton locations, whereby she questioned how the City may assist the Post Office in improving the landscape and property maintenance of their grounds. Invited the community to attend her District 4 Town Hall meeting scheduled for June 11, 2022, at Kelly Park, 2319 E. Caldwell Street beginning at 11:00 a.m.—featuring sharing strategies toward making the City of Compton the best safe, clean, and efficiently run for the resident of the Compton community. Thanked all the wonderful community members who donated items and assisted her with the lovely Mother’s Day Celebration.
Requested that the City Council meeting be adjourned in memory of Pastor Ezell G.
Mayfield, Temple of Faith Community Baptist Church.
(Councilman Galvan exited the meeting at 8:24 p.m.)
Mayor Sharif offered the following communications/announcements:
Mayor Sharif reminded residents that Compton Community College will continue to provide free Covid-19 testing on Mondays from 11:00 a.m. to 7:30 p.m. and Tuesdays through Fridays from 8:30 a.m. to 5:30 p.m. on campus at the Student Health center. Mayor Sharif further noted that the Los Angeles County Department of Health is offering free in-home Covid-19 vaccinations---please call: (833) 540-0473 for additional information.
Mayor Sharif commented on her attendance at the California Contract Cities Association conference wherein she witnessed a presentation regarding getting the best use out of social media to improve and advance the messaging for municipalities. Mayor Sharif requested that the City Manager investigate whether the City is able to use federal assistance in permanently closing all illegal marijuana dispensaries, especially the dispensary on Wilmington and Greenleaf, which is very close to a school.
Mayor Sharif invited the community to attend the Compton Human Trafficking Task Force meeting to discuss ways to eliminate the recruitment, transportation, transfer, harboring or receipt of people through force, fraud or deception. There will be local and national collaborative partners joining the meeting which will be held on May 20, 2022 from 11:00 a.m. to 1:00 p.m. at the Dollarhide Community Center, 301 N.
Tamarind Avenue, Compton. For additional information contact Mariela Gonzales at (323) 877-2174.
Mayor Sharif invited businesses and organizations to register to participate in her Job Fair scheduled for June 9, 2022 and invited them to call or text Mariela Gonzales at (323) 877-2174.
Mayor Sharif commented on the high number of mass shootings around the United States and indicated that Congress must address the issue of gun violence and their sales to combat deadly gun violence.
Mayor Sharif offered her condolences to all of those who have lost loved ones.
ADJOURNMENT
On motion by Duhart, seconded by Darden, the meeting was adjourned in memory of Pastor Ezell G. Mayfield at 8:33 p.m. by the following vote on roll call:
AYES: Council Members – Duhart, Bowers, Darden, Sharif
NOES: Council Members – None
ABSENT: Council Members – Galvan
________________________________________ ___________________________________
CITY CLERK OF THE CITY OF COMPTON MAYOR OF THE CITY OF COMPTON June 14, 2022
TO: MAYOR AND CITY COUNCIL
FROM: CITY CLERK
SUBJECT: APPOINTMENTS TO AUDIT AD HOC COMMITTEE, AD HOC
FINANCE COMMITTEE AND MULTI-JURISDICTIONAL
ASSOCIATION AND COMMITTEES
Below is the current representation for the above committees. It is requested that your Honorable Body make any necessary appointments to the committees.
AUDIT AD HOC COMMITTEE
Representative – Isaac Galvan Alternate: Mayor Emma Sharif Lillie Darden
AD HOC FINANCE COMMITTEE
Representative – Jonathan Bowers Alternate: Michelle Chambers Mayor Emma Sharif
CALIFORNIA CONTRACT CITIES
Representative – Michelle Chambers Alternate: Mayor Emma Sharif
COUNTY SANITATION DISTRICT
Representative – Mayor Emma Sharif Alternate: Michelle Chambers
GATEWAY CITIES COUNCIL OF GOVERNMENTS
91/605 Freeway
Representative – Jonathan Bowers Alternate: Michelle Chambers
INDEPENDENT CITIES ASSOCIATION OF LOS ANGELES COUNTY (NON-VOTING) Representative – Michelle Chambers Alternate: Jonathan Bowers
INDEPENDENT CITIES LEASE FINANCE AUTHORITY
Representative – Mayor Emma Sharif Alternate: Michelle Chambers
LEAGUE OF CALIFORNIA CITIES
Representative – Jonathan Bowers Alternate: Isaac Galvan Alternate: Michelle Chambers
LA GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT
JOINT POWERS AUTHORITY GOVERNING BOARD
Representative – Lillie Darden Alternate: Michelle Chambers Alternate: Mayor Emma Sharif
SOUTHERN CALIFORNIA AIR QUALITY MANAGEMENT DISTRICT
Representative – Michelle Chambers Alternate: Vacant
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
Representative – Michelle Chambers Alternate: Vacant
ALITA L. GODWIN, MMC
CITY CLERK
June 14, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A REQUEST TO SCHEDULE A PUBLIC HEARING FOR AN APPEAL REQUEST TO DEVELOP A 60 UNIT GATED CONDOMINIUM
COMMUNITY ON A 2.45 ACRE SUCCESSOR AGENCY OWNED SITE
LOCATED ON COMPTON BOULEVARD BETWEEN DWIGHT AVENUE
AND KEMP AVENUE
On May 11, 2022, the Planning Commission held a public hearing on a request by City Ventures to develop a 60 unit gated condominium community on a 2.45 acre Successor Agency owned site located on Compton Boulevard between Dwight Avenue and Kemp Avenue.
The Planning Commission voted to deny the Conditional Use Permit and to not recommend approval of the Change of Zone, General Plan Amendment, Tentative Tract Map and Mitigated Negative Declaration.
Staff recommends that City Council schedule a public hearing on this matter for Tuesday, June 28, 2022 at 5:35 p.m.
ROBERT DELGADILLO, SENIOR PLANNER
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
4. June 14, 2022
TO: MAYOR AND CITY COUNCIL
FROM: CITY CLERK
SUBJECT: FIREWORKS APPLICATIONS (APPROVAL)
According to Compton Municipal Code Section (CMC) 22-2.3, Charitable organizations, associations, or corporations may sell safe and sane fireworks upon first obtaining a permit from the City of Compton. Organizations are selected through a random drawing conducted by the City Clerk’s Office.
There were six (6) applications submitted to operate a 2022 fireworks stand. The CMC allows for twelve (12) fireworks stand in the city. A random drawing was not held, due to only six (6) applications being submitted.
Section 22-2.8 of the CMC gives the City Council, sole discretion to grant or deny a permit to sell safe and sane fireworks. The criteria to make such a decision is listed in CMC section 22-
2.8(a) through 22-2.8(g).
It is Staff’s recommendation that the following organizations be approved for a 2022 fireworks stand, providing they pass Fire Inspection:
1. Curry Temple C.M.E. Church
2. KDS & Associates
3. Light of the World Church
4. Light of the World Community Center
5. New Holy Trinity Baptist Church
6. Victory Outreach
Alita Godwin, MMC
City Clerk
5.5. June 14, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY CONTROLLER
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON LEVYING A MUNICIPAL TAX RATE FOR THE FISCAL YEAR 2022-2023
SUMMARY
The purpose of this Ordinance is to authorize the levy of the assessed valuation municipal tax rate for Fiscal Year 2022-2023.
BACKGROUND
The City has levied a municipal tax (parcel tax) for many years in line with Section 1402, 1600 and 1601 of the City Charter to pay for the City’s obligations under the Employees’ Retirement Plan managed by the California Public Employees’ Retirement System (CalPERS). The municipal tax is collected by the Los Angeles County Auditor-Controller on behalf of the City. The Los Angeles County Auditor-Controller has based assessed values at market values and it is necessary to set the municipal tax at a rate based on market value. The tax rate will remain at 0.451632, the same as the prior fiscal year.
STATEMENT OF ISSUE
The Los Angeles County Auditor-Controller requires that the municipal tax rate ordinance be passed each year by the City Council even though the municipal tax rate remains unchanged. This agenda item is required to comply with the County requirements.
FISCAL IMPACT
The passing of the attached Ordinance will ensure that the City’s retirement fund continues to receive the municipal parcel tax revenues in line with the requirements of the City Charter for the purposes stipulated by the Charter. The municipal parcel tax generates approximately $30 million per year.
ALTERNATIVE
The City’s General Fund would have to pay the cost of the retirement obligations resulting in severe financial consequences to other City programs and services.
6.6. RECOMMENDATION
Staff recommends that the City Council adopt the attached Ordinance.
SHARON RAHBAN NAVIZADEH,
CITY CONTROLLER
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON LEVYING A MUNICIPAL TAX RATE FOR THE FISCAL YEAR 2022-2023
WHEREAS, the City has levied a municipal tax (parcel tax) for many years in line with Section 1402, 1600, and 1601 of the City Charter to pay for the City’s obligations under the Employees’ Retirement Plan managed by the California Public Employees’ Retirement System (CalPERS); and
WHEREAS, the municipal tax is collected by the Los Angeles County Auditor- Controller on behalf of the City; and
WHEREAS, the Los Angeles County Auditor-Controller has based assessed rates at market values and it is necessary to set the municipal tax at rate based on market value; and WHEREAS, it is required that the City certify the municipal tax rate every year.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.That there is hereby levied a municipal tax upon the equalized assessment of the taxable property in the City of Compton at a market valuation of the following rates (per cent):
Taxation District #1……………………………………0.451632
(Old City of Compton, Annexations 1 to 3 inc; 5 to 10 inc; 13 to 32 inc; 106, 107 111 to 122 inc; 125 to 133 inc; 136 to 139 inc; 141 to 143 inc; 145, 147, 149, 151, 152, 153A, 155, 158, 159, 160, 161, 163, 164, 168, 172A, 173B)
Rosecrans Redevelopment Project…………………0.451632
Walnut Industrial Redevelopment Project………….0.451632
Section 2.That said rate is made up as follow:
Employment Retirement (Debt Service)……………0.451632
Section 3. That the City Clerk shall certify to the adoption of this Ordinance by the City Council and shall cause this Ordinance to be published as required by law.
Section 4.That pursuant to Section 611 of the Compton Charter, this Ordinance shall take effect upon adoption of the City Council.
Section 5.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance.
ADOPTED this ____________ day of _____________, 2022.
________________________________
MAYOR OF THE CITY OF COMPTON
2 Ordinance No. ___________
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Ordinance was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on this ___________ day of ________________, 2021.
That said Ordinance was adopted by the following vote, to wit:
AYES: COUNCILMEMBERS-
NOES: COUNCILMEMBERS-
ABSTAIN: COUNCILMEMBERS-
ABSENT: COUNCILMEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
June 14, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
ESTABLISHING THE HOLIDAY SCHEDULE FOR CITY EMPLOYEES
FOR FISCAL YEAR 2022 – 2023
SUMMARY
Adoption of the attached resolution will establish the holiday schedule for City employees for Fiscal Year 2022-2023. The resolution includes eligibility, accrual, and use of established holidays.
BACKGROUND
In accordance with Rule 7.5A of the City of Compton Personnel Rules and Regulations, City employees shall receive time off with pay on legal holidays as designated by the City Council. Full-time regular and probationary employees are eligible for full holiday pay and permanent part-time employees receive holiday pay for one-half of the scheduled holiday.
STATEMENT OF THE ISSUE
There is a need for the City Council to establish the holiday schedule for City employees for Fiscal Year 2022-2023.
FISCAL IMPACT
The holiday schedule will have minimal financial impact.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution establishing the Holiday Schedule for City employees for Fiscal Year 2022-2023.
THOMAS THOMAS
CITY MANAGER
7.7. RESOLUTION NO. _____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
ESTABLISHING THE HOLIDAY SCHEDULE FOR CITY EMPLOYEES FOR FISCAL YEAR 2022 – 2023
WHEREAS, Rule 7.5A of the Personnel Rules and Regulations establishes provisions for granting legal holidays for City employees; and WHEREAS, there is a need for the City to post a holiday schedule for each fiscal year identifying the dates on which City offices will be closed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the following holidays shall be established as legal holidays for City employees, as set forth herein.
HOLIDAY DATE HOLIDAY OBSERVED
Independence Day July 4, 2022 (Monday)
Labor Day September 5, 2022 (Monday)
Admission’s Day Floating Holiday
Veteran’s Day November 11, 2022 *(Friday)
Thanksgiving Day November 24, 2022 (Thursday)
Friday after Thanksgiving November 25, 2022* (Friday)
Christmas December 26, 2022 (Monday)
New Years Day January 2, 2023*(Monday)
Martin Luther King, Jr.’s Birthday January 16, 2023 (Monday) Lincoln’s Birthday Floating Holiday
Washington’s Birthday February 20, 2023 (Monday)
(Presidents’ Day)
Cesar Chavez’s Birthday March 31, 2023* (Friday)
Cinco de Mayo May 5, 2023* (Friday)
Memorial Day May 29, 2023 (Monday)
Employee’s Birthday Floating Holiday
*Employees impacted by the 10/40 Alternative Work Schedule will use this day as a floating holiday.
Section 2. That the Employee’s Birthday Holiday must be used within one year in which the birthday falls.
Section 3. That this holiday schedule is not applicable to sworn 56-hour Fire Suppression personnel who are eligible for compensation in lieu of holidays.
RESOLUTION No. ______________
Section 4. That employees whose birthdays, vacation or compensatory time off with pay falls on one of the holidays referenced above shall be entitled to another day off in accordance with the procedure established by the Department for use of paid leave benefits.
Section 5. That floating holidays accrued during Fiscal Year 2022-2023, except the Employee’s Birthday, must be utilized by June 30, 2023.
Section 6.That this holiday schedule is effective July 1, 2022 and shall continue to be observed as set forth in this Resolution, unless otherwise revised by action of the City Council.
Section 7. That a certified copy of this Resolution shall be forwarded to each City department and agency.
Section 8. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this _______ day of ____________, 2022.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, the City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested to by the City Clerk at a regular meeting thereof held on the ________ day of ______________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
June 14, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,160 AND AUTHORIZING THE CITY MANAGER TO RE-ESTABLISH THE CITY’S CORPORATE CREDIT
CARD ACCOUNT TO BE UTILIZED SOLELY AND EXCLUSIVELY FOR
APPROVED CITY BUSINESS
SUMMARY
This resolution rescinds Resolution No. 25,160 which established a City of Compton corporate credit card account and authorizes the City Manager to re-establish the City’s corporate credit card account to be utilized solely and exclusively for approved City business.
BACKGROUND
On October 11, 2005, the City Council adopted Resolution No. 21,759 authorizing the City Manager to establish a corporate credit card account to conduct City business.
Per Resolution No. 25,160 the City shall have a corporate credit card account. With Resolution No. 25,160, the City Manager is authorized to use the City’s corporate credit card account, with a maximum credit limit of $50,000, to conduct City business that includes, but is not limited to, authorized travel expenses and emergency situations where the timely provision of equipment or supplies may be critical.
Further, per Resolution No. 25,001, the single transaction limit established for the City Manager that would not require adoption by a separate resolution of the City Council was $25,000 or less. Additionally, the same Resolution No. 25,001 also establishes a single transaction limit of $75,000 for the City Manager if the purchase is of urgent necessity for the preservation of life, health, property or fiscal stability. Resolution No. 25,001 is attached.
STATEMENT OF THE ISSUE
The conduct of City business relative to use of the City’s corporate credit card is not limited to travel and emergency situations, but includes all aspects of City business activity wherein the use of a credit card is necessary to conduct transactions related to City operations on an as required and/or necessary basis. Per communication with the City Treasurer, he represented that the City’s current banking institution, Bank of the West, will not issue a corporate credit card without a current resolution. Therefore, staff
8.8.8. Staff Report – Rescinding Resolution No. 25,160 and Authorizing City Manager To Re-Establish Corporate Credit Card
June 14, 2022, Page 2
is requesting to rescind the prior resolution No. 25,160, and to adopt a new resolution with the similar terms as resolution No. 25,160, however to more clearly indicate that the single transaction limit for the credit card should be $25,000 (which is parallel to the Purchasing Resolution No. 25,001), and also make more clear that the monthly spending limit be $50,000. Staff has deemed that a monthly spending limit of $50,000 is reasonable, and clarifies the $50,000 figure presented previously in Resolution No. 25,160.
FISCAL IMPACT
The fiscal impact resulting from the adoption of this resolution is limited to the $50,000 monthly spending limit, the $25,000 single transaction limit, as well as current budget allocations.
RECOMMENDATION
The City Manager’s Office recommends that City Council adopt this resolution.
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO.___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,160 AND AUTHORIZING THE CITY MANAGER TO RE-ESTABLISH THE CITY’S CORPORATE CREDIT
CARD ACCOUNT TO BE UTILIZED SOLELY AND EXCLUSIVELY FOR
APPROVED CITY BUSINESS
WHEREAS, on October 11, 2005, the City Council adopted Resolution No. 21,759 authorizing the City Manager to establish a corporate credit card account to conduct City business; and
WHEREAS, Per Resolution no. 25,160 the City shall have a corporate credit card account. Currently, the City Manager is authorized to use the City’s corporate credit card account, with a maximum credit limit of $50,000, to conduct City business that includes, but is not limited to, authorized travel expenses and emergency situations where the timely provision of equipment or supplies may be critical; and WHEREAS, Per Resolution 25,001, the single transaction limit established for the City Manager that would not require adoption by a separate resolution of the City Council was $25,000 or less. Additionally, the same Resolution 25,001 also establishes a single transaction limit of $75,000 for the City Manager if the purchase is of urgent necessity for the preservation of life, health, property or fiscal stability.
WHEREAS, the conduct of City business relative to use of the City’s corporate credit card is not limited to travel and emergency situations, but includes all aspects of City business activity wherein it is necessary for the use of a credit card to conduct transactions related to City operations on an as required and/or necessary basis; and WHEREAS, The City Treasurer has represented that the City’s current banking institution, Bank of the West, will not issue a corporate credit card without a current resolution. Therefore, staff is requesting to rescind the prior resolution No. 25,160, and to adopt a new resolution with the similar terms as resolution No. 25,160, however to more clearly indicate that the single transaction limit for the credit card should be $25,000 (which is parallel to the Purchasing Resolution No. 25,001), and also make more clear that the monthly spending limit be $50,000. Staff has deemed that a monthly spending limit of $50,000 is reasonable, and clarifies the $50,000 figure presented previously in Resolution 25,160; and
WHEREAS, identification of this use of the City’s corporate credit card account in this resolution as a specific business activity will not require the issuance to the City of any additional cards by the credit card issuer, or for the existing card to be used by anyone other than the City Manager; and
WHEREAS, the City Manager requires City Council authorization to re-establish the City’s corporate credit card account to be utilized solely and exclusively for approved City business.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON RESOLVES AS FOLLOWS:
SECTION 1. That resolution No. 25,160 is hereby rescinded.
SECTION 2. That the City Manager is hereby authorized to re-establish the City of Compton’s current corporate credit card account, with a maximum monthly credit limit of $50,000.00, to be utilized solely and exclusively for approved City business.
SECTION 3. That funds for these expenditures are limited to the $50,000 monthly spending limit and available pursuant to the City’s purchasing policies and budget limitations.
Resolution No. ______
SECTION 4. That funds for payments in future fiscal years will be budgeted as needed.
SECTION 5.The City Manager, or in the City Manager’s absence, the Assistant City Manager, shall be recognized as the authorized Account Manager on the City’s Corporate Credit Card account and responsible for ensuring payments are made in accordance with the credit agreement.
SECTION 6. That the City Manager shall submit credit card reports for receive and file consideration by City Council quarterly.
SECTION 7. That a certified copy of this resolution shall be filed in the offices of the City Manager, City Attorney, City Controller, and the City Clerk.
ADOPTED this _______ day of ___________, 2022.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor, and attested by the City Clerk at a regular meeting thereof held on the ______ day of _____________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAINS: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
June 14, 2022
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER
FOR INFRASTRUCTURE ENGINEERS FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES FOR THE ANNUAL
RESIDENTIAL STREET REHABILITATION PROJECT, CIP #18-01, PHASE 2B ($354,801)
SUMMARY
Adoption of this Resolution will authorize the City Manager to enter into a professional services agreement with and establish a purchase order in the amount of Three Hundred and Fifty Four Thousand Eight Hundred and One Dollars ($354,801) to Infrastructure Engineers for the provision of construction management and inspection services for the Annual Residential Street Rehabilitation Project, CIP #18-01, Phase 2B.
BACKGROUND
The Annual Residential Street Rehabilitation Project (“Project”) provides improvements to specific City streets in accordance with the plans, specifications and other contract documents as specified herein and shall consist of the following general work descriptions: construction of cold mill, ARHM pavement, AC base course, aggregate base, full depth AC slot pavement, curb and gutters, sidewalks, cross gutter, alley intersection, driveway approach, curb ramps, signing, striping, markings, and pavement legends, speed hump, traffic signal loops, adjust to grade existing sewer manholes, water valves, water meters, and storm drain manholes, and such other items or details, not mentioned above, that are required by the plans and standard specifications.
The Phase 2B street improvements are located on Compton Avenue, Slater Avenue, Rosecrans Avenue, and Santa Fe Avenue as follows:
No. Street Name Limits
1. Compton Avenue 130th Street to 134th Place
2. Slater Avenue 133rd Street to Wilmington Avenue
3. Rosecrans Avenue City Limit East to Alameda Street
4. Santa Fe Avenue City Limit North to City Limit South
9.9.9.9.9. Staff Report – Resolution Authorizing Agreement with Infrastructure Engineers Construction Management/Inspection Services
Annual Residential Street Rehabilitation Project (CIP #18-01), Phase 2B June 14, 2022, Page 2 of 5
On April 13, 2022, the Public Works Engineering Department (“Department”) advertised for construction services of the Annual Residential Street Rehabilitation Project, CIP# 18-01, Phase 2B. An essential component of this Project is to obtain the services of a qualified and experienced engineering firm to provide construction management and inspection services.
On February 1, 2022, the City solicited Request For Proposals from qualified engineering firms and on March 2, 2022, the City received a total of six (6) proposals that were reviewed and ranked by staff. The top 3 (three) firms were selected based on their responsiveness, qualifications, costs, work experience, professional expertise and any other unique qualifications. The top three proposals are listed below:
Rank Firm Location Amount
1 Z&K Consultants San Bernardino, CA $407,988.00
2 GK & Associates Diamond Bar, CA $397,543.82
3 Infrastructure Engineers Brea, CA $354,801.00
The scope of work for construction management and inspection services described within the RFP for CIP #18-01 Phase 2B shall include all of the following, but not limited to:
1.Preconstruction Conference – Outline project specifics. Inform contractor of project administration procedures.
2.Management Information System – Implement system for organizing, tracking, filing, and managing paper/electronic correspondence including letters, information requests, submittals, contracts, reports, O&M manuals, progress payments, change orders and etc.
3.Review Traffic Control Plans – Review contractor’s plans for detours, shutdowns and access for emergency vehicles.
4.Meetings – Conduct meetings to discuss background, scope, objectives, schedule, current, and past issues as necessary.
5.Issues Management – Analyze issues, seek appropriate advice, and give recommendations. Review cost reduction proposals as well as contractor’s methods of construction in order to ensure compliance with plans and specifications and delivery of project within budget and the time specified.
6.Schedule – Monitor contractor’s schedule weekly. Notify parties of actual or potential deviation from schedule. Work with project team to correct noncompliance with schedule.
7.Cost Control – Monitor project funding. Monitor project budgets. Review contract item payments, material quantities, and change order payments.
Staff Report – Resolution Authorizing Agreement with Infrastructure Engineers Construction Management/Inspection Services
Annual Residential Street Rehabilitation Project (CIP #18-01), Phase 2B June 14, 2022, Page 3 of 5
8.Labor Compliance – Provide labor compliance reports to include reporting on prevailing wage, payroll documentation, compliance status, and certified payrolls.
9.Request For Information (RFIs) & Submittals – Provide a list of RFIs and responses.
Provide a list of submittals and responses.
10.Change Orders – Review potential change orders for contractual and technical merit.
Prepare independent cost estimate and schedule analysis of work. Negotiate and prepare change orders for execution. Keep the City appraised of impact of cumulative change orders.
11.Dispute Resolution – Make recommendations and implement procedures for reducing the likelihood of disputes and claims. Assist in the resolution of disputes.
12.Quality Control/Inspection/Material Testing – Observe and monitor all aspects of the project. Notify contractor when work is not in compliance. Prepare daily inspection reports. Provide photographic and video documentation of construction process.
Encourage and stress quality in the constructed product. Provide materials testing services.
13.Public Relations – Communicate with local business community regarding temporary construction impacts, such as traffic changes, noise, limited access and construction schedule.
14.Permit/Environmental Compliance – Review and enforce requirements stipulated in permits issued by regulatory and environmental agencies.
15.Progress Payments – Review and approve all contractor’s payment request. Verify contractor pay items. Prepare payment documentation for execution.
16.Monthly Status Reports – Prepare monthly reports highlighting project progress, CCO’s, cost issues, and schedule.
17.Site Safety - Review and monitor contractor’s safety program for compliance with Cal/OSHA. Notify contractor if an unsafe condition is observed. Notify City if contractor refuses to rectify unsafe condition and investigate accidents.
18.Done Services – Provide aerial photos and video of the various project sites.
19.“As-Built” Drawings – Collect, review, and transmit contractor’s data to engineer.
20.Final Walkthrough – Make final inspections and prepare punch list. Verify that required certificates of compliance, O&M manuals and as-build drawings have been delivered.
Staff Report – Resolution Authorizing Agreement with Infrastructure Engineers Construction Management/Inspection Services
Annual Residential Street Rehabilitation Project (CIP #18-01), Phase 2B June 14, 2022, Page 4 of 5
21.Project Completion Report – Process final progress payment to contractor. File Notice of Completion. Prepare final report and review project records.
Selection Process
Pursuant to the Request for Proposals, it was requested that firms respond with their qualifications, scope of service, etc., in one package and their fee in a sealed, separate cover.
The proposal review committee consisting of Public Works, City Manager’s Office and consulting staff. The committee reviewed the material in the Request for Proposal (RFP) submitted by the consultants and ranked the most qualified proposals.
The selection of the most qualified firm for the construction management services was on the basis of demonstrated competence and professional qualifications. Qualification Based Selection (“QBS”) is where selection is based on the most appropriate provider of professional services; fees are not an initial consideration nor a primary consideration for selection; however, staff will evaluate the price to ensure there is a comparability and consistency to the other proposals. The evaluation process used by the selection committee for ranking the proposal was based upon the completeness of the proposal, consultant’s demonstrated understanding of the scope of services, quality of similar work previously performed by the firm, personnel assigned, resources required to perform the required services, and the proposed schedule of work. Fees are not considered until after the selection of the most qualified firms.
The review committee determined the proposal submitted by Infrastructure Engineers was deemed the lowest most responsive firm to provide the needed construction management and inspection services for this Project for the following reasons:
Infrastructure Engineers key member has over 35 years of experience in construction civil and traffic engineering design, and project management for various public agencies Infrastructure Engineers has a dedicated and skilled staff of experienced professional engineers, construction managers, projects managers, inspectors, and support personnel
Infrastructure Engineers will provide seasoned staff to conduct a constructability review for the project and identify all issues into a Risk Management Plan Infrastructure Engineers has a successful history of managing large street rehabilitation projects in the City of Bell Gardens, Montebello, Lynwood, and Baldwin Park with minimal change orders and timely project completion
Infrastructure Engineers offers unique videography, surveyor and analytical statistics data that provide the City with customized data that allows staff to be more effective and efficient in managing the construction activities and creates cost savings within the project
Infrastructure has grown to become the premier provider of municipal services to cities throughout Southern California. Their staff includes construction management, inspection, and Staff Report – Resolution Authorizing Agreement with Infrastructure Engineers Construction Management/Inspection Services
Annual Residential Street Rehabilitation Project (CIP #18-01), Phase 2B June 14, 2022, Page 5 of 5
city staff augmentation. Their staff are focused practitioners and expert technicians in every field they service. Many of their employees are former city employees, so they understand the importance of observing strict oversight of the project schedules, budgets, and maintenance.
They possess first-hand knowledge of city operations and priorities, which empowers them to be strong advocates for the city they serve.
STATEMENT OF ISSUE
Therefore, in order to authorizes the City Manager to enter into a professional services agreement with and establish a purchase order in the amount of Three Hundred and Fifty Four Thousand Eight Hundred and One Dollars ($354,801) to Infrastructure Engineers for the provision of construction management and inspection services for the Annual Residential Street Rehabilitation Project, CIP #18-01, Phase 2B, City Council’s authorization is necessary.
ALTERNATIVE
The Council may select another vendor to provide Construction Management Services.
Nonetheless, staff recommends the utilization of professional construction management services for the oversight of the Annual Residential Street Rehabilitation Project (CIP #18-01) Phase 2B. The reason being that this project has significant technical specifications and requirements that require specific and uniquely qualified individuals to oversee and manage the project on a daily basis and the City’s existing organizational structure within the Public Works Engineering Department has limited staff capacity to perform these services nor does it have the workload capacity if fully staffed to manage this project.
FISCAL IMPACT
Funds in the amount of $354,801 are available in the Public Works Engineering Department 2021-2022 Fiscal Year budget in Account No. 3031-710-000-4300.
RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution.
JOHN D. STRICKLAND, JR., PROJECT MANAGER
PUBLIC WORKS ENGINEERING DEPARTMENT
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER
FOR INFRASTRUCTURE ENGINEERS FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES FOR THE ANNUAL
RESIDENTIAL STREET REHABILITATION PROJECT, CIP #18-01, PHASE 2B ($354,801).
WHEREAS, adoption of this resolution will authorize the City Manager to enter into a professional services agreement with and establish a purchase order in the amount of Three Hundred Fifty Four Thousand Eight Hundred and One Sixty-Two Dollars ($354,801) to Infrastructure Engineers for the provision of construction management and inspection services for the Annual Residential Street Rehabilitation Project, CIP #18-01, Phase 2B; and
WHEREAS, the Annual Residential Street Rehabilitation Project (“Project”) provides improvements to specific City streets in accordance with the plans, specifications and other contract documents as specified herein and shall consist of the following general work descriptions: construction of cold mill, ARHM pavement, AC base course, aggregate base, full depth AC slot pavement, curb and gutters, sidewalks, cross gutter, alley intersection, driveway approach, curb ramps, signing, striping, markings, and pavement legends, speed hump, traffic signal loops, adjust to grade existing sewer manholes, water valves, water meters, and storm drain manholes, and such other items or details, not mentioned above, that are required by the plans and standard specifications; and
WHEREAS, the Annual Residential Street Rehabilitation Project (“Project”) provides improvements to the below- specified streets within various areas throughout the City:
No. Street Name Limits
1. Compton Avenue 130th Street to 134th Place
2. Slater Avenue 133rd Street to Wilmington Avenue
3. Rosecrans Avenue City Limit East to Alameda Street
4. Santa Fe Avenue City Limit North to City Limit South WHEREAS, on April 13, 2022, the Public Works Department (“Department”) advertised for the construction services of the Annual Residential Street Rehabilitation Project, CIP# 18-01, Phase 2B and an essential component of this Project is to obtain the services of a qualified and experienced engineering firm to provide Construction Management and Inspection Services; and
WHEREAS,February 1, 2022, the City solicited Request For Proposals from qualified engineering firms and on March 2, 2022, the City received a total of six (6) proposals that were reviewed and ranked by staff and the top 3 (three) firms were selected based on their responsiveness, qualifications, cost, work experience, professional expertise and any other unique qualifications; and WHEREAS,the top three proposal are listed below:
Rank Firm Location Amount
1 Z&K Consultants San Bernardino, CA $407,988.00
2 GK & Associates Diamond Bar, CA $397,543.82
3 Infrastructure Engineers Brea, CA $354,801.00
;and
Resolution No. _____________
WHEREAS, the scope of work for construction management and Inspection services described within the RFP for CIP# 18-01 Phase 2B shall include all of the following, but not limited to:
Preconstruction Conference
Management Information System
Review Traffic Control Plans
Meetings
Issue Management
Schedule
Cost Control
Labor Compliance
Change Orders
Dispute Resolution
Quality Control/Inspection/Material Testing
Public Relations
Permit/Environmental Compliance
Progress Payments
Monthly Status Reports
Site Safety
Drone Services
“As Built” Drawings
Final Walkthrough
Project Completion Report
WHEREAS, pursuant to the Request for Proposals, it was requested that firms respond with their qualifications, scope of service, etc., in one package and their fee in a sealed, separate cover; and
WHEREAS, the proposal review committee consisted of Public Works, City Manager’s Office and Interwest Consulting staff and the committee reviewed the material in the Request for Proposal (RFP) submitted by the consultants and ranked the most qualified proposals; and
WHEREAS, the selection of the most qualified firm for the construction management services was on the basis of demonstrated competence and professional qualifications; and
WHEREAS, Qualification Based Selection (“QBS”) is where selection is based on the most appropriate provider of professional services; fees are not an initial consideration nor a primary consideration for selection; however, staff will evaluate the price to ensure there is a comparability and consistency to the other proposals.; and WHEREAS, the evaluation process used by the selection committee for ranking the proposal was based upon the completeness of the proposal, consultant’s demonstrated understanding of the scope of services, quality of similar work previously performed by the firm, personnel assigned, resources required to perform the required services, and the proposed schedule of work and fees are not considered until after the selection of the most qualified firms; and
WHEREAS, the review committee determined the proposal submitted by Infrastructure Engineers was deemed the lowest most responsive firm to provide the needed construction management and inspection services for this Project for the following reasons:
Infrastructure Engineers key member has over 35 years of experience in construction civil and traffic engineering design, and project management for various public agencies.
RESOLUTION NO. ___________________
Infrastructure Engineers has a dedicated and skilled staff of experienced professional engineers, building officials, construction managers, projects managers, inspectors, and support personnel.
Infrastructure Engineers provide seasoned staff to conduct a constructability review for the project and identify all issues into a Risk Management Plan. Infrastructure Engineers has a successful history of managing large street rehabilitation projects in the City of Bell Gardens, Montebello, Lynwood, and Baldwin Park with minimal change orders and timely project completion. Infrastructure Engineers offers unique videography, surveyor and analytical statistics data that provide the City with customized data that allows staff to be more effective and efficient in managing the construction activities and creates cost savings within the project.
WHEREAS, Infrastructure has grown to become the premier provider of municipal services to cities throughout Southern California. Their staff includes construction management, inspection, and city staff augmentation; and WHEREAS, Infrastructure Engineers staff are focused practitioners and expert technicians in every field they service and many of their employees are former city employees, so they understand the importance of observing strict oversight of the project schedules, budgets, and maintenance; and
WHEREAS, Infrastructure Engineers possess first-hand knowledge of city operations and priorities, which empowers them to be strong advocates for the city they serve; and
WHEREAS,funds in the amount of $354,801 are available in the Public Works 2021-2022 Fiscal Year budget in Account No. 3031-710-000-4300; and WHEREAS,in order to authorizes the City Manager to enter into a professional services agreement with and establish a purchase order in the amount of Three Hundred and Fifty Four Thousand Eight Hundred and One Dollars ($354,801) to Infrastructure Engineers for the provision of construction management and inspection services for the Annual Residential Street Rehabilitation Project, CIP #18-01, Phase 2B, City Council’s authorization is necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.That the proposal submitted by Infrastructure Engineers is hereby accepted.
SECTION 2.That the City Manager, upon the advice and approval of the City Attorney, is hereby authorized to enter into a professional services agreement with Infrastructure Engineers Inc. for the provision of construction management and inspection services for the Annual Residential Street Rehabilitation project (CIP# 18-01, Phase 2B).
SECTION 3.That Funds in the amount of $354,801 are available in the Public Works Engineering Department Fiscal Year 2021-2022 budget.
SECTION 4.That a purchase order in the amount of $354,801 is authorized to be established for Infrastructure Engineers for services performed for the Annual Residential Street Rehabilitation Project (CIP# 18-01, Phase 2B).
SECTION 5.That copies of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and the Public Works Department.
RESOLUTION NO, ________________
SECTION 6.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this __________ day of _____________, 2022.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested to by the City Clerk, at a regular meeting thereof held on the _______ day of _________________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
Prepared and Submitted by
Infrastructure Engineers
March 2, 2022
Proposal for
Construction Management and Inspection
Services for Annual Residential Rehabilitation
Project (Phase 2B) CIP #18-01
3060 Saturn Street, Suite 250
Brea, CA 92821
Phone: (714) 940-0100
Fax: (714) 940-0700
www.infrastructure-engineers.com
i | P a g e
March 2, 2022
Mr. John D. Strickland, Jr.
Project Manager
City of Compton, Engineering Department
205 South Willowbrook Avenue
Compton, CA 90220
Subject: Construction Management and Inspection Services for Annual Residential Rehabilitation Project (Phase 2B) CIP #18-01
Dear Mr. Strickland,
Infrastructure Engineers (IE) is pleased to submit our proposal in response to the City of Compton’s request for proposals (RFP) for Construction Management and Inspection Services for Ann ual Residential Rehabilitation Project (Phase 2B) CIP #18-01.
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 construction project from your eyes, forming a clear picture of the City’s vision and expectations.
We develop an understanding of your budget goals, 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 professionals and experienced staff are selected to ensure project delivery success. For this contract, we are proposing Miguel Alvarez , PE (18 years’ experience) as the Construction Manager and Steve Beer as the Senior Public Works Inspector (13 years’ experience). I will be acting Principal-in-Charge, 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. I have over 35 years of experience in construction, civil and traffic engineering design, and project management . Each of our proposed staff members has worked with cities to provide construction management and inspection services for many street rehabilitation projects. This experience will provide the City with peace of mind, knowing that your construction projects are being run with the highest regard for your desired goals and bottom line.
We are particularly eager to serve the City by providing you with successfully completed street rehabilitation projects that enhance the neighborhoods and the traveling experience in your community. If any additional assistance is needed, our Principal-in-Charge, Miguel Alvarez, can be reached at (626) 544-0400 or via email at [email protected].
Sincerely,
Infrastructure Engineers
Ray Abassi, MSCE, PE, TE, QSP/QSD Miguel Alvarez, PE
Principal Senior Manager, Construction Management Services
Proposal for Construction Management & Inspection Services Annual Residential Rehabilitation Project (Phase 2B) CIP#18-01 City of Compton – March 2, 2022
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Table of Contents
A. Company Overview ............................................................................................................................... 1 Firm Experience ........................................................................................................................................ 2 Infrastructure Engineers Advantages ....................................................................................................... 2 Garfield Avenue Improvement Project, City of Bell Gardens ................................................................... 3 HSIP Cycle 8 – Various Intersection Improvements, City of Bell Gardens ................................................ 3 Montebello Boulevard Widening, Bike Lane and Sidewalk Improvement Project, City of Montebello ... 4 Long Beach Boulevard Improvement Project, City of Lynwood ............................................................... 4 Frazier Street Pedestrian & Bicycle Safety Improvements Project, City of Baldwin Park ......................... 5 References ................................................................................................................................................ 5 Team Resumes .......................................................................................................................................... 7 B. License Number .................................................................................................................................. 16 C. Approach and Methodology ............................................................................................................... 16 Project Understanding ............................................................................................................................ 17 Project Familiarity ................................................................................................................................... 17 Scope of Services .................................................................................................................................... 19 D. Proposed Schedule of Work................................................................................................................ 27 E. Fee ....................................................................................................................................................... 29 F. Consultant’s Use of Disadvantaged Business Enterprises (DBE’s) ...................................................... 29 G. Appendix (Subconsultant Resumes and Certifications) ...................................................................... 29 Proposal for Construction Management & Inspection Services Annual Residential Rehabilitation Project (Phase 2B) CIP#18-01 City of Compton – March 2, 2022
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A. Company Overview
Infrastructure Engineers was established in 1994 with a clear mission to provide professional engineering and
municipal services to cities and counties throughout
California. We are committed to making a difference in the communities we serve by maintaining and improving
infrastructure and supporting civic services.
Our staff are focused practitioners and expert technicians in every field they service. Many of them are former city employees, so they understand the importance of
observing strict oversight of project schedules, budgets, and maintenance. They poss ess first -hand knowledge of city operations and priorities, which empowers them to be strong advocates for every city they serve. We work closely with our clients to address issues before they become problems and strive to always deliver high-quality results on time and within budget.
Headquarters:
3060 Saturn Street
Suite 250
Brea, CA 92821
Phone: 714-940-0100
Los Angeles County:
13200 Crossroads Parkway
Suite 400
Industry, CA 91746
Phone: 626-544-0400
San Bernardino County:
473 E. Carnegie Drive
Suite 244
San Bernardino, CA 92408
Phone: 909-340-9494
As a mid-sized municipal consulting firm, we have achieved great success in our pursuit of service to cities, which has allowed us to maintain a stable firm with 85 staff in three offices conveniently located throughout Southern California. Our staff includes construction managers , building inspectors, urban planners, environmental specialists, design engineers, and architects – a truly full- service firm to our clients.
Over the past 27 years, Infrastructure Engineers has grown to become the premier provider of municipal services to cities throughout southern California, with a focus on outstanding quality and client service in civil engineering, construction management, inspection, and city staff augm entation. Today, we offer a full spectrum of services to our clients such as:
Construction Management
Inspection and Management
Civil Engineering Planning &
Scheduling
Architecture and Facilities
Design
Planning and Development
Traffic and Transportation
Engineering
Building and Safety
Engineering and Building Plan Check Services
Funding Administration
Public Relations
NPDES Implementation and Management
Staff Augmentation
Environmental Compliance
Proposal for Construction Management & Inspection Services Annual Residential Rehabilitation Project (Phase 2B) CIP#18-01 City of Compton – March 2, 2022
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Every element of Infrastructure Engineers is structured to commitment and technical excellence with an emphasis on meeting your needs. We continually strive to be the best in our market by focusing on quality, efficiency, and cost‐effectiveness as well as complete and timely delivery. Infrastructure Engineers has a dedicated and skilled staff of experienced professional engineers, building officials, construction managers, project managers, inspectors, plan checkers, technicians, project managers, and support personnel who are capable of providing complete turnkey services.
We liken the role of construction manager to that of a juggler. It takes the talent of a juggler to manage project schedules, work performance quality, safety oversight, inquiries from stakeholders, documentation review, and labor compliance to see a project through to successful completion. The construction managers and inspectors at Infrastructure Engineers are all veteran jugglers; each staff has decades of experience in construction management and inspection - they have fine -tuned the art of juggling competing issues and interests while, above all, being your advocate.
Our onsite construction inspectors are responsible for ensuring that the contractor effectively and efficiently executes the project in a manner that meets your expectations. To accomplish this, our team evaluates project schedules, work performance quality, safety oversight, coordination effectiveness, and performs documentation reviews for all rehabilitation and new construction work in progress.
We view the project from your perspective. This includes knowing local and regional codes, regulations and permitting. We hold value -engineering and constructability as our goal and keep an eye on subcontractor and supplier resources. We manage your project to a successful completion and help you be the hero to your community.
Firm Experience
The engineering design, construction management, and inspection of street improvements and replacements are core disciplines for Infrastructure Engin eers. Cities rely on us to assist them with this important infrastructure; as such we have completed dozens of projects similar to the City's street resurfacing project. In addition, because our staff are veteran construction managers, and because we also procure funding for our clients, we are adept at ensuring funding mechanisms and labor compliance on projects.
Infrastructure Engineers Advantages
Construction Engineering and In -house Engineering Judgment to Overcome Complex Projects
Being a firm owned and led by engineers, our in-house engineering expertise is invaluable on construction projects for resolving complex issues under pressure. We know from experience the best way to save money for our clients is to get ahead and stay ahead of the key project i ssues. We are able to provide a seasoned staff to conduct a constructability review for every project we oversee and roll all identifi ed issues into a Risk Management Plan. The plan can be used to ensure that we are cognizant of all risks ahead of time and have a preemptive plan to manage them with the least impact to the project.
Proposal for Construction Management & Inspection Services Annual Residential Rehabilitation Project (Phase 2B) CIP#18-01 City of Compton – March 2, 2022
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Ability to Handle Project Changes
Two characteristics of our team and key staff that contribute to our success are flexibility and responsiveness. We are well accustomed to responding to the changing needs of ongoing construction projects. In addition, we are well accustomed to rapid mobilization of construction field staff, often within one day. Our planning and management ensure that we are always ready to respond quickly to requests from the field, and we are ready to serve on new projects. We offer the flexibility and responsiveness needed to support the City on this important project.
Cost Savings Using Multi-Skilled Staff
Infrastructure Engineers offers several proven features and techniques for saving money. To minimize management costs, Infrastructure Engineers provides staff with multiple skills to complete projects with the smallest possible field team. All our on-site field members are selected based upon their ability to provide expertise in multiple disciplines. For example, our proposed Construction Manager, Miguel Alvarez, PE, not only has the expertise overseeing construction projects from inception to completion, he is an exceptional Resident Engineer and an accomplished civil engineer.
Garfield Avenue Improvement Project, City of Bell Gardens Members of our team provided construction management
and inspection services in addition to federal contract compliance for this major arterial roadway improvement
in Bell Gardens. The project consist ed of pavement
rehabilitation, new landscaped median islands, bus pads, ADA improvements, sidewalks, curbs and gutters, roadway safety improvements, and signing and stripi ng. Our team ensured the project was in compliance with plans,
specifications, and all construction documents, including approved change orders; monitored and enforced traffic control; maintained and provided change orders, materials submittals, RFI’s and change order logs; daily inspection reports and statement of working days were also prepared; Infrastructure Engineers prepared and submitted to the City Engineer weekly update reports; reviewed contractor’s payment applications, and recommended City to pr ocess them once completed work was verified and approved.
HSIP Cycle 8 – Various Intersection Improvements, City of Bell Gardens As part of Caltrans’ Highway Safety
Improvement Program (HSIP) to
reduce injuries and fatalities on roads
and highways throughout California,
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 uni ts, reprograming of signal controller, traffic striping, markings, and traffic control; hauling and disposal; and all appurtenant
Proposal for Construction Management & Inspection Services Annual Residential Rehabilitation Project (Phase 2B) CIP#18-01 City of Compton – March 2, 2022
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equipment and work. Contract administration include d preparation of staff reports, Notice to Proceed issuance, and recommendations for change orders and progress payments. As well, the team prepare d daily reports, reviewed change orders and progress payment requests, and coordinated soils testing.
Montebello Boulevard Widening, Bike Lane and Sidewalk Improvement Project, City of Montebello
Members of the Infrastructure Engineers team provid ed
construction management and inspection services on this project to widen Montebello Boulevard to accommodate
a new 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 median with decorative percolation system and landscaping; traffic signal upgrades; construction of a reclaimed water line from Lincoln Ave nue 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 progressed payment requests, and coordinated the required soils testing services . The project was awarded “Project of the Year” in 2021 by the American Public Works Association. (APWA)
Long Beach Boulevard
Improvement Project, City of
Lynwood
The Infrastructure Engineers t eam 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
monument si gn. Additionally, existing streetlights
were relocated, and traffic signals were improved at
two intersections. The project was awarded “Project of the Year” in 2020 by the American Public Works Association (APWA).
Proposal for Construction Management & Inspection Services Annual Residential Rehabilitation Project (Phase 2B) CIP#18-01 City of Compton – March 2, 2022
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Frazier Street Pedestrian & Bicycle Safety Improvements Project, City of Baldwin Park
Infrastructure Engineers ’ team members provided
construction management and inspection for this
project - bringing the project to a successful
conclusion. The project included various traffic calming strategies, as identified in the application that was
submitted to Los Angeles METRO for award to the City.
The project entailed removal and replacement of
sidewalks, curb ramps, curbs and gutters, alley
approaches, driveways, localized full- depth AC
pavement (dig outs), crack sealing, cold -milling of
existing AC, installation of new ARHM paving,
installation of new thermoplastic striping, and
changing Frazier Street to a single lane in both directions to accommodate the pedestrian and bicycle safety improvements.
References
City of Huntington Park
Cesar Roldan, Director of Public Works
6550 Miles Avenue
Huntington Park, CA 90255
Phone: (323) 584-6320
Email: [email protected]
City of Bell Gardens
Grissel Chavez, Director of Public Works
8327 Garfield Avenue
Bell Gardens, CA 90201
Phone: (562) 806‐7770
Email: [email protected]
City of Lynwood
Thomas W. Thornton, PE
City Engineer/Director of Public Works
11330 Bullis Road
Lynwood, CA 90262
Phone: (310) 603-0220, ext. 834
Email: [email protected]
City of Baldwin Park
Sam Gutierrez, Director of Public Works
14403 East Pacific Avenue
Baldwin Park, CA 91706
Phone: (626) 960-4011
Email: [email protected]
City of Montebello
James Enriquez, PE, Director of Public Works
1600 W. Beverly Blvd.
Montebello, CA 90640
Phone: (323) 887-1460
Email: [email protected]
Proposal for Construction Management & Inspection Services Annual Residential Rehabilitation Project (Phase 2B) CIP#18-01 City of Compton – March 2, 2022
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Project Team, Key Personnel and Resumes
The staff we propose for this contract are all veterans in construction management and inspection, having worked on a wide variety of public works projects. In addition, they have all worked together on similar projects in the past. The organization chart, below, illustrates how our team will communicate with the City and within the team. Resumes for these team members are shown on the following pages and present the qualifications and experience of our team.
Organization Chart
Senior Public Works Inspector
Steve Beer
Principal-in-Charge
Ray Abassi, MSCE, PE, TE, QSP/QSD
Funding Administration
Yunus Rahi, PE
Photographer/Drone
Operator
Kimberly Castro
Senior Inspector
Imad Zureiqat
Senior Inspector
Mossad Rizkalla
Administrative Support
Nathan Kirby
Geotechnical & Materials
Testing - Subconsultant
P .A. & Associates, Inc.
Construction Manager
Miguel Alvarez, PE
Proposal for Construction Management & Inspection Services Annual Residential Rehabilitation Project (Phase 2B) CIP#18-01 City of Compton – March 2, 2022
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Team Resumes
Raymond R. Abassi, MSCE, PE, TE,
QSP/QSD
Principal-In-Charge
Raymond Abassi has more than 35 years of professional
experience in both civil and traffic engineering design, as well as project management. His professional certifications include professional civil engineer, traffic engineer, and storm water management. Ray has worked on hundreds of street
improvement projects involving investigations, studies, design plans and specifications, construction documents, and quality assurance as well as taking projects through the bid process and construction management. He has also provided construction oversight associated with infrastructure improvements, such as pavement, drainage, utilities, and onsite water and wastewater systems.
Relevant Experience
Project Manager, Various Projects, City of Montebello.
Manager supporting City engineering efforts on a variety of work including final design PS&E for street improvements and pavement rehabilitation. Projects included:
Prop C Street Rehabilitation. Several arterial streets were rehabilitated by various methods based on geotechnical recommendations and available budget. These included areas of slurry seal, milling and overlay, and selective areas of reconstruction.
Wilcox Street Widening . Widened both sides of the existing street from Beverly Boulevard to Lincoln Avenue ( approximately 1,700 feet) to accommodate an additional lane in each direction. This project required the existing parkway to be removed, right-of- way acquisition, numerous utility relocations (on public and private properties), and existing pavement rehabilitation.
Traffic Signal Modifications along Wilcox Street (Beverly Boulevard, Lincoln Avenue, and Westmoreland Street). Three separate signal modifications included relocating existing equipment and upgrading standards and functionality (adding protected left - turns; improving lane storage and designation; and improving phasing).
Contract City Traffic Engineer, City of Montebello.
Ray provided traffic engineering expertise to help the City implement many safety improvements, including intersection traffic signal modifications and traffic signal timing. He conducted studies involving neighborhood traffic calming, stop sign warrant analysis, speeding, and cut -through traffic. He would attend the Traffic Safety Commission and the City Council meetings providing needed expertise to help the Council members and Commissioners decide on traffic-related issues.
Education
MS, Transportation
BS, Civil Engineering
Registrations/Certifications
Registered Civil Engineer,
CA, No. 48091
Registered Traffic Engineer, CA, No.
1759
QSP/QSD No. 41797
Years of Experience: 35
Proposal for Construction Management & Inspection Services Annual Residential Rehabilitation Project (Phase 2B) CIP#18-01 City of Compton – March 2, 2022
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Miguel Alvarez, PE
Construction Manager
Miguel Alvarez has over 18 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.
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 project 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.
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.
Miguel served as Resident Engineer/Construction Manager for this street imp rovement 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 includ ed 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 162
nd Street.
Associate Engineer, City of Lynwood.
Miguel assisted in the design of engineering plans, specifications and estimates for public works projects; designed, managed, administered, and inspected the citywide striping 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: 18
Proposal for Construction Management & Inspection Services Annual Residential Rehabilitation Project (Phase 2B) CIP#18-01 City of Compton – March 2, 2022
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Yunus Rahi, PhD, PE, TE
Principal Engineer
Yunus Rahi, PhD, has more than 30 years of experience in major civil engineering, traffic and transportation engineering, and planning projects. He was the contract Deputy City Engineer for the City of Temple City; Consultant City Traffic Engineer for the cities of Alhambra, Temple City, Monrovia, Commerce, Monterey Park, and San Bernardino; and Resident Engineer for public works construction projects funded by federal, state, local governments, SRTS, SR2S, HSIP, STPL, MTA and ARRA programs. Yunus was the Program Manager for capital improvement projects for local agencies performing various tasks, including applications for project funding, federal and state funds reimbursement requests, local agency disadvantaged business enterprise plan preparation and renewals, federal and state fund obligation and project close- out reports, attendance and representation in agency and community meetings. He successfully completed major civil, transportation and traffic engineering projects for local cities and agencies, school districts, private developers, as well as regional, county, state, and federal government agencies in Southern California.
Relevant Experience
Project Manager - Update 2019 Pavement Management System Report, City of Hawaiian Gardens.
Supervised and directed the preparation of Pavement Management Systems (PMS) Report for the City’s next five-year street pavement rehabilitation program, prepared priority listing of street segments based on deterioration index and cost estimate to upgrade the streets per allocated budget.
Project Manager, Sidewalk Gap Closure Safe Routes to School, City of San Bernardino.
Provided design services for safe route to school projects funded by ATP Cycle 2 program for 3 school sites in the City. Developed pedestrian and school safety elements, including in -roadway lighted crosswalks, rectangular rapid-flashing beacons (RRFB), enhanced pedestrian push buttons and traffic signals. Provided labor compliance services and prepared project close -out reports per Caltrans project management manual.
Project Manager - Various Streets Improvement Project, City of Baldwin Park.
Provided oversight of the team producing design plans, cost estimate and specifications. The project also included a geotechnical investigation and surveys for the specific streets and intersections in accordance with the City’s Pavement Management System report recommendations.
Project Manager - Montebello Boulevard Street Widening, Bike Lane and Sidewalk Improvement, City of Montebello.
Responsible for leading the design and PS&E preparation of this on -going, ATP Cycle 2 -funded project.
This roadway improvement and construction project involved widening 1.3-mile segment of Montebello Boulevard, a major arterial street providing freeway access thr ough slightly rolling area and included construction of longitudinal retaining walls to support landscaped parkway and sidewalk along the Education
PhD, Civil Engineering, Washington
State University, Pullman,
Washington, 1987
MS, Civil Engineering, Washington
State University, Pullman,
Washington, 1984
BS, Civil Engineering, Bangladesh
University of Engineering and
technology, Dhaka, Bangladesh,
1980
Registrations/Certifications:
Registered Civil Engineer, CA, No.
C59183
Registered Traffic Engineer, CA, No.
TR1726
Years of Experience: >30
Proposal for Construction Management & Inspection Services Annual Residential Rehabilitation Project (Phase 2B) CIP#18-01 City of Compton – March 2, 2022
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widened side of roadway, in addition to median improvement, storm drain improvement, bike lane, ADA corner and curb ramps, signal modification, streetlights and signing and striping plans.
Project Manager - Traffic Signal Plans, Chakemco Street-Wright Road and Atlantic Avenue, City of South Gate.
Designed and prepared new traffic signal plans for the existing uncontrolle d (1-way stops on Chakemco Street and Wright Road), unsignalized intersection for Los Angeles Unified School District and approved by the City. Developed optimum timing and phasing plans using SYNCHRO, and prepared construction specifications and estimates.
Project Manager - City of Baldwin Park: Signal Warrant Study for the intersection of Olive Street and Phelan Avenue.
Analyzed various data and prepared a traffic signal warrant analysis at the 4 -Way intersection of Phelan Avenue and Olive Street. The scope of the work included field checking of the intersection geometry, conducting peak-hour and 24 -hour approach traffic volume counts, analyzing data collected, reviewing traffic collision history and evaluating signal warrants in accordance with the California MUTCD.
Project Manager/Principal Engineer - Elm Avenue Shopping Center Parking Lot/Layout Design Plans, City of Temple City.
Provided lead in researching and preparing design plans for parking stall layouts for over 200 spaces at a major regional shopping center for a private developer, maximizing utilization of the lot for parking occupancy per City and County standards of parking spaces and internal circulation.
City Traffic Engineer - Camelia Square Mixed-use Project, City of Temple City.
Provided civil and traffic engineering expertise for this City-sponsored multi-level Office/Retail mixed-use project in designing parking garage access routes, ADA curb ramps, sidewalk and driveway improvements and construction inspection.
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Steve C. Beer
Senior Public Works Inspector
Steve Beer has 13 years of experience in civil engineering, capital improvement projects and construction management. His
experience includes management of federal - and Caltrans - administered projects including Safe Routes to School, Highway Safety Improve ment Programs, and Surface Transportation Program Local. Steve was a Public Works Inspector for the City of Rosemead for nine years as well as spending two years as a contract inspector for the cities of Paramount, Upland and Hawaiian Gardens. In this capacity, he has performed project inspection and management for annual capital improvement projects. His duties included contractor coordination, maintenance of all project paperwork, and day-to- day inspection and oversight of projects in field. Steve has provided construction management for federal- and Caltrans -funded projects as well as coordination with Caltrans auditors. Steve’s expertise is in managing and coordinating all construction activities with a focus on safety, quality, and cost.
Relevant Experience
Inspector, Construction Inspector for Pavement Rehabilitation Project, Phase I, City of Lynwood.
Inspects work by the contractor selected by the City of Lynwood daily to ensure compliance with project’s plans, specifications and compliance with the City’s requirements and ordinances (hours of work, noise ordinance, etc.). Reviews all construction materials against approved material submittals as they arrive onsite. Verifies that construction is proceeding in accordance with contract document requiremen ts.
Verifies the SWPPP and public safety provisions are implemented at the construction site at the start of each workday. Any deviations will be documented, and the City will be advised. Oversee the general performance of the contractor (continuous clea nup of construction site, compliance with NPDES requirements). Prepare s daily field reports that document all observed project activities, including location of activities, number of workers present, construction equipment used, inspector present, weather conditions, and construction progress. The Construction Inspector assist s in establishing and implementing procedures for maintaining updated shop drawings.
Inspector, Rosemead Civic Plaza Project, Phase I, II, III – Downtown Plaza, City of Rosemead.
Project included reconstruction of existing parking lot in concrete and installation of new lighting and landscaping. Construction also included a new public plaza area including specialty concrete, three water features, extensive landscaping, and decorative lighting. Project budget: $2.7M.
Inspector, Montebello Blvd./Towne Center Drive Resurfacing and Median Enhancements, City of Rosemead.
Project included cold milling, ARHM overlay, miscellaneous concrete work, and landscape median modifications. Project budget: $750k.
Education
Public Works Courses, Santiago
Canyon College: 2005-2007,2018
Certificate in Paralegal Studies,
Pacific College, 1987
Registrations/Certifications:
NPDES Public Certificate
Member APWA
Years of Experience: 13
Proposal for Construction Management & Inspection Services Annual Residential Rehabilitation Project (Phase 2B) CIP#18-01 City of Compton – March 2, 2022
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Inspector, Federal Safe Route to School –Walnut Grove Avenue Enhancement Project, City of Rosemead.
Project included the construction of new landscaped median, sidewalk installation and replacement, traffic signal upgrades, striping modifications and street lighting. Project was federally funded. Project budget: $850k.
Inspector, Hellman/San Gabriel Intersection Improvement – STPL, City of Rosemead.
Project included the removal of existing AC intersection an d construction of 9 -inch PCC pavement including colored crosswalk, traffic signal upgrade, landscape improvements and striping modifications.
Project was federally funded. Project budget: $500k.
Inspector, Various Parks, City of Rosemead.
Parks projects i ncluded Jay Imperial, Zapopan and Rosemead Park. Projects included extensive landscaping, decorative lighting, new walking paths and construction of new basketball courts. Project budget: $1M.
Inspector, Mission Drive Street Resurfacing Project, City of Rosemead.
The project consisted in 2 -inch rubberized asphalt overlay, sidewalk removal and replacement, curb ramps, flashing in pavement markers including radar feedback signs and appurtenances. Project completed in two phases. Project budget: $1.2M.
Inspector, Catch Basin Inserts/Modification for NPDES, City of Rosemead.
Project consisted of installation of trash excluder devices in catch basins for NPDES compliance. Project, in two phases, completed the retrofit of approximately 400 catch basins.
Inspector, Earle/Wells Sidewalk Project-Inspection, City of Rosemead.
Project included sidewalk installation, retaining curb and walls and tree planting. Project budget: $400K.
Inspector, Federal Safe Route to School –Savannah School, City of Rosemead.
Project i ncluded the construction of new landscaped median, sidewalk installation and replacement, traffic signal upgrades, striping modifications and street lighting. Project budget: $660K.
Inspector, Hellman/Delmar Improvement – STPL, City of Rosemead.
Project i ncluded the removal of existing AC intersection and construction of 9 -inch PCC pavement including colored crosswalk, traffic signal upgrade, landscape improvements and striping modifications.
Project was federally funded. Project budget: $600K.
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Mossad Rizakalla
Senior Inspector
Mossad has 14 years of field experience inspecting Capital Improvements Program projects in various cities in the Los Angeles County area. Mossad has managed and supervised all activities of job sites, set -up project plans, purchase orders, required staffing and conducted job-site meetings.
Relevant Experience
Montebello Hills Housing Project – Installation Underground Utilities, City of Montebello.
As a member of the City’s Dept. of Public Works staff
augmentation, Mossad perform ed inspection services on this project for the installation of storm drain reinforced concrete pipe and sewer lines. The project involve d the development of about 1,200 new homes.
Water Main Replacement Project, City of Huntington Park.
As Senior Inspector, Mossad performed inspection services on this project to install an 8 -inch water main. Additional activities included inspection and installation of fire hydrants; replacement of 350 water lateral services with new meters and meter boxes; removal and construction of new cu rbs, gutters, sidewalks, and curb ramps; grinding AC pavement; pavement overlays; and striping.
HSIP Cycle 8 – Various Intersection Improvements, City of Bell Gardens.
Mossad served as Senior Inspector on this effort to improve safety for those who walk, bike, and drive in the community as part of Caltrans’ Highway Safety Improvement Program (HSIP). Responsibilities included preparation of daily reports, review of change orders and progress payment requests, and coordinating soils testing service. The scope of this project included design, geotechnical investigation, survey, project management, bidding, award of contract, construction management, inspection, and labor compliance.
Garfield Avenue Improvement Project, City of Bell Gardens.
Mossad serves as Senior Inspector for this major arterial roadway improvement and pavement rehabilitation project in Bell Gardens. The project consists of pavement rehabilitation, new landscaped median islands, bus pads, ADA improvements, sidewalk and curb and gutter impro vements, roadway safety improvements, and signing and striping.
Frankel Avenue (Bluff Rd. -5th St.) and 16th Street (Madison Ave. -Harding Ave.) Street Improvements (FY 2015-2016), City of Montebello.
Mossad’s responsibilities included preparation of daily reports, review of change orders and progress payment requests, and coordinating soils testing service. The scope of this project included design, geotechnical investigation, survey, project management, bidding, award of contract, construction management and inspection as and labor compliance.
Education
BS, Telecommunication Engineering,
Helwan University, Cairo, Egypt
Certified - Construction Project
Management, California State
University Dominguez Hills, CA
Registrations/Certifications
ICC - Master of Special Inspection
ICC - Reinforced Concrete
ICC - PT Concrete
ICC - Structural Masonry
ICC – Structural Bolting
ICC - Structural welding
ICC – Spray-applied Fire Proofing
Special Inspector
ACI - Field Test Technician
Years of Experience: 14
Proposal for Construction Management & Inspection Services Annual Residential Rehabilitation Project (Phase 2B) CIP#18-01 City of Compton – March 2, 2022
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Imad Zureiqat
Senior Inspector
Imad Zureiqat has 24 years of experience in construction inspection and resident engineer ing tasks. He has been responsible for preparation of plans, cross -sections, details and specifications for various civil and landscape projects. Imad has coordinated with other engineering disciplines, responded to plan check comments and prepared material, take -off and cost estimates.
Relevant Experience
Water Main Replacement Project, City of Huntington Park.
Imad performed inspection services on this project to install 10,000 LF of 8-inch PVC water main. Additional activities included construction of fire hydrants, replacement of 350 water lateral services with new meters and meter boxes, removal and
construction of curbs and gutters, sidewalks, curb ramps, grinding AC pavement, overlays, striping, etc. Imad reviewed progress payments, verified all quantities and approved them. He also prepared daily and weekly reports.
ATP Cycle 3 Project at Pacific Ave and Maine Ave, City of Baldwin Park.
As construction inspector, Imad’s duties included the removal and construction of sidewalks, curbs and gutters; relocation of catch basins; rain gardens and planters construction; construction of traffic loops; grinding in AC pavement and construction overlays, striping and signs; replacement of pedestrian push buttons. Imad endured compliance with plans, specifications and the contract; oversaw traffic control, and provided daily log and inspection report entries, including pictures of the project. As well, he reviewed and reported contractor claims, prepared weekly update reports, and reviewed contractor's invoices, verified completed work, and approved all quantities.
Long Beach Boulevard Improvement Project, City of Lynwood.
Imad served as construction inspector for the resurfacing of 192,779 SF with a section of 2 -inch AC top course and 1 -inch AC leveling course. Other improvements included 4 -inch sidewalk, driveway approaches, cross gutters, curb and gutter, curb ramps, and construction of six new bus pads. He provided compliance with plans, specifications, and the contract; oversaw traffic control, and provided daily log and inspection report entries.
Mines Avenue Street Improvements (Montebello Blvd.-Greenwood Ave.), City of Montebello.
Imad provided construction inspection, preparation of daily reports, review of change orders and progress payment requests, and coordinating of 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.
Education
MS, Engineering
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: 24
Proposal for Construction Management & Inspection Services Annual Residential Rehabilitation Project (Phase 2B) CIP#18-01 City of Compton – March 2, 2022
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Nathan Kirby
Administrative Support
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
Complete Street Improvements on Maine Avenue Project, City of Baldwin Park.
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, Pro ject Budgets, RFI’s, right s-of-way maps, Daily Reports and Weekly Statements.
Garfield Avenue Improvements Project, City of Bell Gardens.
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 payments, project budgets, RFIs , rights-of-way maps, daily reports and weekly statements.
ATP Cycle 2 Uncontrolled Crosswalk Pedestrian Safety Enhancements Improvements Project, City of Huntington Park.
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 tree removal.
Responsible for preparatio ns and/or organization of all construction documents including Contract Change Orders, meeting agendas, progress payments, project budgets, RFIs, right s-of-way maps, daily reports and weekly statements.
Water Main Replacement Project, City of Huntington Park.
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 ne w 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.
Education
Business Administration
Years of Experience: 3
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Kimberly Castro
Photographer/Drone Operator
Kimberly is experienced with social media applications, photography, and drone operation. She possesses exceptional customer skills can be utilized to assist clients. She continually seeks the opportunity to continue learning and growing.
Relevant Experience
Executive Administrative Assistant/Social Media Coordinator, Infrastructure Engineers.
Kimberly is Executive Assistant to the Chief Operations Officer at Infrastructure Engineers. She also manages all social media platforms, is the in-house photographer, and drone operator.
B. License Number
Miguel Alvarez is the designated Construction Manager for this project. He has over 18 years of experience and is a Registered Civil Engineer, CA, No. 79638.
The inspectors for this project are Steve Beer, Mossad Rizakalla, and Imad Zureiqat.
C. Approach and Methodology
Infrastructure Engineers (IE) understands the City of Compton (City) seeks an experienced Project Manager and a team of accomplished inspectors to oversee, monitor, and provide construction management and inspection services for the Annual Residential Rehabilitation Project. Our team is comprised of industry leaders and seasoned experts with extensive experience that allows us to offer a broad spectrum of services in the areas of specialized earthwork, concrete and asphalt paving, construction of cold mill, ARHM pavement, AC base course, aggregate base, full depth AC slot pavement, curb and gutters, si dewalks, cross gutter, alley intersection, driveway approach, curb ramps, signing striping, markings, electrical/traffic signal/lighting/fiber optics, bridge and grade separation construction, stormwater pollution prevention plans, office engineering, Critical Path Method scheduling, and dispute resolution.
IE’s approach and methodology is to provide a team comprised of an experienced Project Manager and construction inspectors, to oversee and monitor the project with anticipated duties including attending pre-construction meetings, reviewing shop drawings and submittals from the contractor, providing field inspections of work in progress to ensure compliance with plans and specifications, filing all required forms providing labor compliance, takin g digital photos of each construction phase throughout the duration of a project, serving as inspector of record to create redline(s) on as -built drawings for work inspected; and processing submittals, Requests for Information (RFls), Requests for Changes (RFCs), Contract Change Orders (CCOs), field directives, Notices of Potential Claim (NOPCs), and Non - Conformance Reports (NCRs). IE will assign a construction inspector and a resident engineer (Registered Engineer in the State of California) who will serve as a construction manager to the project. As a Resident Engineer/Construction Management and a Construction Inspection consultant, IE will manage and inspect the improvements of the project in the areas specified in the RFP posted. IE will act as the liaison between the City and the outside contractors, engineers, and property owners (if needed) on the project during construction. IE will be responsible to communicate project details with all affected city services including Riverside County Sheriff’s Department and Fire Department, Hemet Unified School District, Riverside Years of Experience: 3
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Transit Authority (RTA), waste disposal service providers and utility agencies. IE will be responsible to coordinate the Contractor’s field work with affected utility companies, such as S outhern California Gas Company, Southern California Edison, Riverside County Flood Control and Water Conservation District, and other water purveyors (if applicable), and all other utility companies and agencies affected by the project. IE will also respon d to inspection requests and coordinate inspections with other City departments, public agencies , and utilities. IE ’s assigned team is capable of handling the project efficiently.
Project Understanding
It is our understanding that the City of Compton is requesting proposals from qualified firms to provide construction management and construction inspection services for the Redondo Beach Boulevard Improvement Project from Artesia Boulevard to Prairie Avenue.
As your construction management and construction inspection (CM/IS) consultant, Infrastructure Engineers will manage and inspect the improvements of the project in the areas specified in the RFP posted.
The scope of work consists of edge milling of existing pavement, 4” of cold -in-place- recycling (CIR) , material testing, 1 -1/2” to 2” asphalt rubber hot mix (ARHM) overlay, removal and reconstruction of damaged PCC sidewalks, curbs and gutters, cross gutters, local depressions, driveway approaches, added medians, future irrigation conduit installation, ADA curb ramps; utility adjustments, reconnecting existing curb drains, installation of new water meter, traffic loop replacement, replace traffic signing, thermoplastic striping and pavement markings; and traffic control and other associate elements of work.
It is also our understanding that the City wishes the Consultant to 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 performed, 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 forward to the City a progress payment report along with test results and accurate detailed inspection logs.
Infrastructure Engineers understands that the City of Compton expects the selected consultant to strictly inspect the project in compliance with Caltrans Construction Manual, American Public Works Association (APWA), best industry practices, and the Manual of Uniform Traffic Control Devices (MUTCD).
Construction duration is 160 calendar days.
Project Familiarity
Infrastructure Engineers is confident that our team assigned to this project possesses the ability and technical expertise to provide all the necessary services to assist the City of Compton to successfully and efficiently manage and complete this important project on time and within the allocated budget. Our proposed Construction Manager, Miguel Alvarez, PE, brings 18 years of project delivery experience. He not only has the expertise needed to oversee construction projects from inception to completion, Miguel is also an exceptional Resident Engineer, an accomplished civil design engineer, and is skilled in a variety of support services such as Storm Water Pollution Prevention Plan (SWPPP).
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Our team’s extensive experience and proactive approach enables Infrastructure Engineers to stay ahead of the contractor and maintain the project schedule and budget for successful completion. Prior to commencing any work, Miguel will ensure collaboration between our team and City staff assigned to the project. Our team and City staff will meet to converse and agree on key points to produce an overall project work plan. Key points to be discussed and agreed upon include, but are not limited to, the following actions:
Review of all pertinent existing plans, special provisions, construction and materials submittals, and specifications that apply to the assigned project
Agree on a plan to minimize the impact within the project area and the adjacent traffic, parking, and businesses and residents
Review day-to-day project tasks and responsibilities
Review the content and format of the daily inspection reports for the project Review the required testing procedures and forms
Discuss roles and responsibilities regarding City procedures for notifications, changes, corrections, delays, rejections, and tolerances
We present our typical Construction Management Plan (CMP) below; however, we will customize our plan to meet the City’s expectations and project requirements.
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 project team roles and responsibilities, flow of information, public relations activities, communications, review of project documents, scope, schedule, quality assurance, cost control and funding compliance. 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.
Getting Familiar with the Project
First things first - Our team will walk the project site and the construction areas within the project limits to catch areas that may have been potentially missed during design. We will carefully review the project scope and become familiar with the following:
Construction drawings showing details of the proposed method of construction (When plans and specs become available)
Phasing, scheduling, and sequencing of operations to be performed during construction Methods of pedestrian and vehicular traffic control in the project vicinity Required project signage and notifications to the public Methods of resolving conflicts in the plans and specifications Methods of resolving delay construction
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Methods of resolving contract change order
Methods of establishing and maintaining a positive working relationship with the Contractor Methods of maintaining daily construction reports and project construction records Coordinating construction with underground utility agencies Reviewing soil reports, material testing, and construction material submittals Water, sewer, storm drain pipeline construction methods and testing, if applicable Traffic signal, streetlights, and other electric underground construction methods and standards, if applicable
Various grant (e.g., Federal, State, Metro) procedures and manage requirements various grant program, if applicable
Obtaining various permits from other agencies
Material testing and reports
Cold-in-place-recycling (CIR) processes
Scope of Services
1. Pre-Construction Engineering Services
Task 1: Pre-Construction
Infrastructure Engineers will coordinate with the City’s Project Manager and attend the pre-construction conference, including notification to the contractor, utility agencies, and other stakeholders; prepare the meeting agenda and conduct the pre-construction meeting with the contractor and agencies mentioned earlier. Infrastructure Engineers will write the meeting minutes and will distribute to all parties within 72 hours after the meeting, or as desired by the City. In addition, the items listed below will be discussed:
Issuance of Notice to Proceed to contractor
Move-in/mobilization period for the contractor
Contractor’s schedule submittal requirements
Point of contact – chain of command
Submittals and requests for information (RFIs)
Review of contractor’s traffic control plans for the project Working hours per City’s policies
Phasing, scheduling, and sequencing of operations to be performed during construction Site safety
National Pollutant Discharge Elimination System (NPDES) and Storm Water Pollution Prevention Plans (SWPPP) submittal and review
Weekly meetings with contractor, City staff and other parties Weekly status reports, or per City’s direction
Schedule updates
Design clarifications and change orders requests protocol Progress payments – process and timeframes
Public relations – project notification to residents and businesses Proposal for Construction Management & Inspection Services Annual Residential Rehabilitation Project (Phase 2B) CIP#18-01 City of Compton – March 2, 2022
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Labor compliance
Contact numbers of critical services (Sheriff, Fire Department, trash collection, street sweeping, school district, etc.)
Task 2: Construction Support and Shop Drawings Review
We will review the contractor’s construction baseline schedule to make sure it conforms with the specifications and analyze the schedule to determine that it represents a realistic approach to the work.
Upon request by the City, Infrastructure Engi neers will provide shop drawing review of manufacturer’s submittals, provide change order review, and meet with City and its Construction Manager to discuss change orders and construction issues.
2. Construction Management/Inspection Services
Task 1: Records and Documentation
Complete and current project files will be kept at a central location at our San Gabriel Valley office, or at a location agreeable to the City; all project documents will always be available to the City. All file categories relevant shall be identified and all logs, submittal logs, RFI logs, summary pages, and standard forms shall be prepared for use during construction by Consultant with City’s consent.
Infrastructure Engineers will record the progress of the project and maintain curren t records of all necessary contracts, insurance certificates, construction documents, permits, specifications and codes, project photographs, as -built drawings, samples and submittals, operation and maintenance manuals, material tickets, test results and other construction-related documents. At the completion of the project, Infrastructure Engineers shall deliver all documents and records to the City. In addition to the above, we will keep the following records: contracts, correspondence relating to or modifying the contract, clarifications, permits, reports, field orders, change orders requests (CORs), approved construction change orders (CCOs), claims information, daily inspection reports, quantity calculations, progress payment requests, stop payment notices, test reports, etc. Our team will prepare a detailed log to track any and all issues, change management, RFIs, submittals, digital data and scanned documents. This detailed tracking system will enable us to provide an accurate assessment of the progress to the City with recommendations to maintain or improve adherence to the approved project schedule.
Task 2: Schedule and Progress
Meetings with the contractor, City, and other involved parties will be held on a weekly basis during construction. The meetings may involve discussions regarding the project schedule status, change orders, progress payments, disputes, site safety, traffic control, environmental compliance, and other project - related concerns. The Construction Manager will prepare and distribute meeting agendas and minutes.
The agenda will be prepared and emailed, at least 48 hours in advance, to the contractor, City staff, and all other pertinent parties. Meeting minutes will be distributed to all parties within 72 hours after the meeting, or as desired by the City.
Miguel Alvarez, our Construction Manager, and the inspector will schedule field meetings, as many times as necessary, to assess and confirm quality control and bid item quantities installed, or items of concerns observed by our t eam during the course of construction. Miguel will document issues (current or potential), findings, request for changes in scope of work, solutions, and resolutions, etc. The goal of these meeting is to resolve issues that may potentially affect the goal – completion of the project on time and within budget. Meeting minutes will be distributed to all parties in the same manner, as noted previously.
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Our team will supervise the contractor and subcontractors’ construction operations during the City - approved working days for the project.
We also will constantly review the project schedule to determine if the project is on schedule and to resolve all problems with the contractor. Our inspector(s) will be assigned the task of constantly and promptly advising Miguel Alvarez of any construction or any other potential issue. The goal is to resolve any issue in an effective and prompt manner before it escalates with the potential to affect the successful completion of the project.
Contract Time Monitoring - Using the Statement of Working days and inspectors’ daily reports, Miguel and the inspector will closely monitor the number of cumulative workings days remaining at the end of each working day and at the week’s end. This tool, the Statement of Working Days, which i ncludes information such as non-working days due to weather, City-observed holidays, utility delays, unforeseen conditions that merit a delay, strikes, union labor disputes, and/or material shortages, will serve as a valuable tool to keep a written record of the project progress at any point. The Construction Manager will keep a written record that will include anticipated changes to the character of the work, disputed work, and/or potential claim(s). These records will be maintained in a dedicated server folder.
Progress Payment Processing - A cost control system based on the contractor’s schedule of values, approved change orders and the contract amount will be developed and implemented to monitor progress costs.
The Construction Manager and inspector will review the payment applications submitted by the contractor, check, and verify construction quantities using measurement of bid items and verification of the quantities installed as noted by the construction inspector in his signed daily reports. The construction inspector daily reports and measurements will determine whether the amount requested reflects the progress of the contractor’s work. Appropriate adjustments to each payment application will be required by the contractor.
Task 3: Construction Observation/Inspection
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 repo rts. The inspector is onsite to observe and confirm the quality and quantity of installed bid items of the field work. In addition to the following inspection elements:
Compliance with APWA and Caltrans Construction; Construction Traffic Control and Safety; Strom Water Pollution Prevention Plans (SWPPP); HMA Paving Inspection; Inspection of Signs, Striping, Marking and Traffic Safety Devices; WPCP Compliance Inspection; Pre -Construction Photo logs; and construction Photos; Conduct interview and prepare interview labor compliance forms; Prepare daily diaries, our inspector assigned to the project will provide the following services:
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. Our Construction Manager will review and approve all daily reports. We typically include job photos with each daily report and categorize them by date and location for electronic storage and ‘searchability’ by title date, location, or key words on the computer.
Proposal for Construction Management & Inspection Services Annual Residential Rehabilitation Project (Phase 2B) CIP#18-01 City of Compton – March 2, 2022
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Infrastructure Engineers’ inspectors will prepare a weekly statement of working days documenting the construction progress, time of completion, delays and time extensions, and submit to contractor and the City on a weekly basis. The weekly statement of working days is typically discussed and agreed upon at each progress meeting and transmitted as an attachment to the minutes.
Infrastructure Engineers staff will make sure that the approved Storm Water Pollution Protection Plan (SWPPP) is distributed to the contractor and City staff, check that the project is loaded on the state database, and that the project complies with the approved Water Quality Management Plan.
Infrastructure Engineers will enforce all provisions of the plan and other requirements set fo rth in the specifications. Infrastructure Engineers staff are well versed in National Pollutant Discharge Elimination System (NPDES) monitoring through provision of dedicated services for oversight of developers and contractors on behalf of several public agencies. In addition, Infrastructure Engineers affords personnel with Qualified SWPPP Practitioners (QSP) certification, who will prepare and execute the necessary weekly reports as well as mandated pre- and post-storm reporting as needed.
To minimize any complaints from concerned citizens, it will be necessary to coordinate with the City, the contractor, and other stakeholders to ensure that proper public notification is provided. Effective coordination will also help mitigate any short -term construction-related impacts that may be associated with the p roject. We will ensure proactive relations during construction, using advisories and periodic updates to keep all parties, including residents affected by construction works, well informed, and to minimize delays or interruptions to the project. Our construction inspector(s) will closely monitor the work of the contractor. The contractor will be required to submit construction schedule s at the pre- construction meetings, and to submit revised schedules as the Construction Manager deems necessary.
Infrastructure Engineers assigned team member will co nduct interview s and prepare interview labor compliance forms in compliance with Caltrans manual. Information collected will include personnel names, labor classification of work performed, number of hours worked on a particular date covered by a report period.
Infrastructure Engineers 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. At the City’s option, 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. Miguel 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 control and public safety plans for compliance with all applicable safety laws and regulations. These will be reviewed on a daily basis. Infrastructure Engineers will ensure that Police, Fire, Sanitation, Park, and other affected City agencies are notified of potential construction impacts.
Proposal for Construction Management & Inspection Services Annual Residential Rehabilitation Project (Phase 2B) CIP#18-01 City of Compton – March 2, 2022
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Infrastructure Engineers can prepare comprehensive reports for the project stakeholders covering the construction projects that we are inspecting. These reports are typically compiled monthly and would include the following information:
Summarized report of construction activities including significant events and accomplished goals Construction observation reports
Description of progress with photos to enhance the descriptions Description of equipment used
Comparison of planned vs. actual budget expenditures
Report of progress payments made to date and invoices in process Analysis of change order impacts or potential problems on schedule and budget progress, and completion date.
Infrastructure will prepare and maintain an electronic photo journal documenting the construction progress. Photos will be taken before construction begins, during construction and upon completion of the project. Infrastructure Engineers will be readily available to provide design capabilities as required and directed by the City. Infrastructure Engineers will investigate any and all accidents that are related to the project construction of this project, occur during construction activities only and that take place within the project limits only, and prepare accident reports, if deemed necessary.
Task 4: Control of Materials/Cost Control Management
Infrastructure Engineers will review material submittals and provide recommendations to the City. The proper control of materials used in the work of the project will be administered Infrastructure Engineers.
Infrastructure Engineers will carefully measure all work performed and materials used by Contractor and will assist in preparing Contractor’s request for payment with respect to the actual work completed.
Infrastructure Engineers will keep accurate, detailed daily inspection logs, which shall include progress of the work, labor and equipment utilized, track usage of the bid quantity items, log of inspector shift hours, problems encountered, and direction given to the Contractor. Daily logs are to be submitted on a weekly basis.
Infrastructure Engineers will prepare monthly construction reports or more frequently as required by the City that will include progress of work, major tasks accomplished, budget status, schedule overview, summary of change orders, logs of submittals and RFIs, progress as - built plans, project photographs, as well any specific requirements stipulated in the construction contract. Monthly construction reports will be submitted with each consultant progress payment request. All submittals must be properly dated for purposes of administrative record.
Task 5: Change Order Preparation, Negotiation and Processing Infrastructure Engineers will establish, implement, and coordinate a system for processing all Contract Change Orders (CCOs). The Construction Manager will determine whether a change order request should be considered. The plans and specifications will be reviewed against the change order request. If the issue does not appear to be included in the plans or specifications, a Request for Change Order (COR) will be sent to the contr actor. The contractor’s response to the COR will be evaluated for reasonableness and completeness. The Construction Manager will maintain a Log, listing potential changes as identified, either Proposal for Construction Management & Inspection Services Annual Residential Rehabilitation Project (Phase 2B) CIP#18-01 City of Compton – March 2, 2022
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formally or informally. This Log will be used such that potent ial change items are not overlooked or deferred until the end of the job. Upon approval by the City, the Construction Manager will prepare, log and process change orders for full execution, and administers their implementation. Once fully executed, the Construction Manager will review the timely completion of the work and coordinate inclusion of the change order in the appropriate payment application.
Task 6: Quality Review
Quality assurance and quality control (QA/QC) are top priorities for Infrastructure Engineers. To ensure the highest quality of services, our team will implement a comprehensive QA/QC program. Our Construction Manager has extensive experience in providing and overseeing the implementation of Infrastructure Engineers QA/QC program. Miguel will review the design drawings, estimates, specifications, reports, and any other documents being delivered to the City for accuracy and completeness. He will assure const ructability and compliance with the City of Compton. In addition, Miguel will provide daily supervision and guidance to the entire team.
Regular progress review meetings will be held internally by Infrastructure Engineers to update the project team on pro ject development and critical tasks. Prior to releasing any documents to the City or other agencies, an extensive review will be performed by our team.
Task 7: Progress Payments
A cost control system based on the contractor’s schedule of values, approve d change orders and the contract amount will be developed and implemented to monitor progress costs.
Miguel and the inspectors will review the payment applications submitted by the contractor, check, and verify construction quantities using measurement of bid items and verification of the quantities installed as noted by the construction inspector in his signed daily reports. The construction inspector daily reports and measurements will determine whether the amount requested reflects the pro gress of the contractor’s work. Appropriate adjustments to each payment application will be required by the contractor.
When the payment application has been thoroughly reviewed by the Construction Manager and inspector(s), and corrected, if needed, by the contractor, Infrastructure Engineers will present it to the City for payment processing.
Task 8: Testing Services
Our inspectors will coordinate and monitor all testing services, track documentation and record laboratory testing results in weekly construction progress meetings. When necessary, corrective measures will be implemented then re-inspected to verify acceptable completion. We will review test reports sub mitted by our subconsultant or others to substantiate compliance and ensure that Certificates of Compliance or source release tags are furnished by the contractor along with the applicable delivered materials at the project.
Task 9: Project Close-Out
Miguel and the inspector will perform the final job walk and prepare the punch list. Should the contractor delay on a portion of the completion of project work, Infrastructure Engineers will estimate the value of the incomplete items and recommend specific rete ntion amount in accordance with the contract to preserve the City’s financial interest.
Proposal for Construction Management & Inspection Services Annual Residential Rehabilitation Project (Phase 2B) CIP#18-01 City of Compton – March 2, 2022
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The Construction Manager will prepare a final report identifying all project costs and final cost status, complete an as-built schedule, final project photos, punch li st of deficiencies and status summary of all change orders, etc. We will ensure that documents are organized, indexed, and complete prior to transferring to the appropriate agencies. More specifically, at a minimum, the Construction Manager will provide the following tasks:
Recommend when work is ready for a final inspection.
Walk the job with the contractor, City staff, and all stakeholders after the project is complete to produce a punch list of items requiring correction by the contractor Follow through with certification that all items have been completed and it would be recommended to the City to acceptance the project.
Ensure that copies of record drawings, along with an electronic version, are submitted to the City.
Organize and finalize the project's record drawings, contract bid items, change orders and claims, if any, and provide the City with all documents in case of an audit or other needs.
Assist the City with receiving all construction records and files and archive accordingly, if requested.
Assure the City receives an electronic version of all project drawings.
Resolve any outstanding issues with the project including change orders, claims, and all other items.
Complete job documentation as required by funding agencies.
Resolve and final out all prime contractor and subconsultant claims, invoices, and purchase orders.
Obtain affidavit of payment from all trade contractors.
Obtain Unconditional Waiver and Release Upon Progress Payment from the contractor.
Conditional Waiver and Release Upon Final Payment.
Obtain lien wavers from subconsultants.
Process lien bonds if required.
Produce and transmit to the City all final reports including completion of the project and City acceptance thereof.
Warranties and Guarantees - We will track all material warranties and guarantees identified in the specifications and make sure that we receive the required scope of these as well as the correct number of these documents with contact information, product names and manufacturer’s representative and contact information. It is recommended that the City include a follow up schedule to have warranty items checked prior to their anniversary date so that any issues can be resolved under the contract warranty.
These will be included in a binder as well as electronically stored for the City.
Infrastructure Engineers will work closely with our sub-consultant P.A. & Associates on an On-Call basis to provide the services as required by the City and to abide to the following for services rendered:
A. On-Call Material Testing and Geotechnical Services
Infrastructure Engineers will work closely with our sub-consultant P.A. & Associates on an On-Call basis to provide the services as required by the City and to abide to the following for services rendered:
1. Sub-consultant shall possess of Caltrans Certification of the laboratory conducting the material testing. All sampling and testing shall be done by personnel with the appropriate accreditation for the testing and sampling designated to perform.
Proposal for Construction Management & Inspection Services Annual Residential Rehabilitation Project (Phase 2B) CIP#18-01 City of Compton – March 2, 2022
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2. Qualified technician as n ecessary to conduct density tests on roadway sub -grade, aggregate base, asphalt concrete, slope fill and trench backfill placement as required. The tests will be performed with a nuclear densometer in accordance with ASTM 6938 - 10 or sand cone in accordanc e with ASTM D1556. Maximum density curves (ASTM D1557) will be performed on various material types as they are encountered.
3. Provide an ACI -certified technician as necessary to make sets of concrete cylinders as needed and perform slump tests for the curb, gutter, concrete drainage devices, channel slope paving and other minor concrete.
4. Sub-consultant shall be capable in performing compression strength tests on concrete cylinders in accordance with ASTM C39.
5. Sub-consultant shall keep records of all samples and tests in the project files as permanent job records. Materials incorporated into the project, represented by failing tests, must be documented in the project files also. Test results shall cite applicable contract requirements, test and/or analytical procedures used. Provide actual results and include a statement that the item tested or analyzed conforms or fails to conform to specified requirements. Test results shall be signed by a testing laboratory representative authorized to sign certified documentation and forward to the City.
6. Sub-consultant shall provide filed technician for construction observation for trench backfill, subgrade/asphalt concrete, etc., as requested by the City.
7. Sub-consultant shall provide staff engineer for geotechnical observation, deputy inspection, pre - construction meeting, etc., as requested by the City.
8. Sub-consultant shall provide fee schedule. The fee schedule shall include, but not be limited to hourly rates for applicable personnel, unit prices of various laboratory tests (include all labor, fringe benefits, overhead, material, equipment, transportation, and appurtenance work as necessary to have the item complete). The travel fees and time will not be billable .
Proposal for Construction Management & Inspection Services Annual Residential Rehabilitation Project (Phase 2B) CIP#18-01 City of Compton – March 2, 2022
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D. Proposed Schedule of Work
Infrastructure Engineers “Proposed schedule of Work” appears on the following page.
Tasks Preliminary Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Week 9 Week 10 Week 11 Week 12 Week 13 Week 14 Week 15 Week 16 Week 17 Week 18 Week 19 Week 20 Week 21 Week 22 Week 23 Review Available PS&E
Initial Field Visit (Video/Photos)
Kick-off Meeting with City
Develop CM/Insp. Plan
Pre-Construction Meeting
Permit/Environmental Compliance
Public Relations
Review Contractor Pre-Con Submittals
Notice to Proceed
Construction (160 Days Total)
Bi-Weekly Const./Field Meetings
Issues Management & Dispute Resolution
Management Information System (MIS)
Project Schedule Monitoring
Cost Control
As-Built Plans - Continually Performed
Change Orders
Progress Payments Processing/Monthly Status Report
Request for RFI's and Submittal Processing
AC/Inspections/Traffic Control Plans Review
Site Safety
Drone Services -Various Visits as Project Progresses
Labor Compliance
Materials Testing
Final Walk-Through
Prep Prelim Punch List
Prep Substantial Completion Report
Close-out
Recommend Project Acceptance
Process Final/Retention Payment
City of Compton
Schedule of Tasks and Deliverables
Construction Management and Inspection Services for Annual Residential Rehabilitation Project (Phase 2B) CIP #18-01 3/2/22Infrastructure Engineers
3060 Saturn St., Suite 250
Brea, CA 92821
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Proposal for Construction Management & Inspection Services Annual Residential Rehabilitation Project (Phase 2B) CIP#18-01 City of Compton – March 2, 2022
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E. Fee
Infrastructure Engineers’ fee schedule appears in a separate envelope, per the RFP.
F. Consultant’s Use of Disadvantaged Business Enterprises (DBE’s) Infrastructure Engineers will not utilize a Disadvantaged Business Enterprise for this project.
G. Appendix (Subconsultant Resumes and Certifications)
Infrastructure Engineers’ subconsultant resumes appear on the following pages.
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF COMPTON
AND
INFRASTRUCTURE ENGINEERS
[CIP No. 18-01, Phase 2B]
This AGREEMENT is entered by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) located at 205 South Willowbrook Avenue, Compton, California 90220, and INFRASTRUCTURE ENGINEERS (hereinafter referred to as “CONSULTANT”), located at 3060 Saturn Street, Suite 250, Brea, California 92821.
RECITALS:
WHEREAS, the City will be implementing the Annual Street Rehabilitation Project (CPI #18-01, Phase 2B), which consists of improvements to specific streets within various areas throughout the City; and WHEREAS, the City has identified a need for a qualified and experienced engineering consulting firm to provide construction management and construction inspection services for the Annual Street Rehabilitation Project (Phase 2B); and
WHEREAS, Consultant (Infrastructure Engineers) warrants that it is specifically trained, experienced, competent, and has the resources to provide construction management and inspection services on the Annual Street Rehabilitation Project (Phase 2B); and WHEREAS, City desires to engage Consultant to provide these services by reason of its qualifications and experience in performing such services; and WHEREAS, by Resolution No. _______, adopted on the ___ st, of June 2022, the City Council authorized the City Manager to accept the proposal of the Consultant and enter into a professional services agreement to provide the necessary services; and
WHEREAS, Consultant is willing to render such professional services subject to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, Consultant and City, for the consideration, terms and conditions herein described, mutually agree as follows:
1. Services to be rendered by Consultant.It is the mutual understanding of the parties that the Consultant shall perform and be responsible for providing professional construction management and construction inspection services relative to the Annual Street Rehabilitation Project, (CIP #18-01, Phase 2B). This includes delivering management, construction management, contract administration, construction engineering and inspection, material quality assurance and post construction services. Services to be rendered shall include, but not be limited to the below-indicated tasks and deliverables:
Task 1: Preconstruction Conference – Deliverables: Outline project specifics. Inform contractor of project administration procedures.
Task 2: Management Information System – Deliverables: Implement system for organizing, tracking, filing, and managing paper/electronic correspondence including letters, information requests, submittals, contracts, reports, O&M manuals, progress payments, and change orders, etc.
Task 3: Review Traffic Control Plans – Deliverables: Review contractor’s plans for detours, shutdowns and access for emergency vehicles.
Professional Services Agreement – Infrastructure Engineers Construction Management/Inspection Services
Annual Residential Street Rehabilitation Project CIP# 18-01, Phase 2B Public Works/Resolution No.______
Task 4: Meetings – Deliverables: Conduct meetings to discuss background, scope, objectives, schedule, current, and past issues as necessary.
Task 5: Issues Management – Deliverables: Analyze issues, seek appropriate advice, and give recommendations. Review cost reduction proposals as well as contractor’s methods of construction in order to ensure compliance with plans and specifications and delivery of project within budget and the time specified.
Task 6: Schedule – Deliverables: Monitor contractor’s schedule weekly. Notify parties of actual or potential deviation from schedule. Work with project team to correct noncompliance with schedule.
Task 7: Cost Control – Deliverables: Monitor project funding. Monitor project budgets. Review contract item payments, material quantities, and change order payments.
Task 8: Labor Compliance – Deliverables: Provide labor compliance reports to include reporting on prevailing wage, payroll documentation, compliance status, and certified payrolls.
Task 9: Request for Information & Submittals – Coordinate and ensure prompt processing and turnaround time for contractor requests for information and submittals.
Task 10: Change Orders – Deliverables: Review potential change orders for contractual and technical merit. Prepare independent cost estimate and schedule analysis of work. Negotiate and prepare change orders for execution. Keep the City appraised of impact of cumulative change orders.
Task 11: Dispute Resolution – Deliverables: Make recommendations and implement procedures for reducing the likelihood of disputes and claims. Assist in the resolution of disputes.
Task 12: Quality Control/Inspection – Deliverables: Observe and monitor all aspects of the project. Notify contractor when work is not in compliance. Prepare daily inspection reports. Provide photographic and video documentation of construction process. Encourage and stress quality in the constructed product. Provide materials testing services.
Task 13: Public Relations – Deliverables: Communicate with local business community regarding temporary construction impacts, such as traffic changes, noise, limited access and construction schedule.
Task 14: Permit/Environmental Compliance – Deliverables: Review and enforce requirements stipulated in permits issued by regulatory and environmental agencies.
Task 15: Progress Payments – Deliverables: Review and approve all contractor’s payment request. Verify contractor pay items. Prepare payment documentation for execution.
Task 16: Monthly Status Reports – Deliverables: Prepare monthly reports highlighting project progress, CCO’s, cost issues, and schedule.
Task 17: Site Safety - Deliverables: Review and monitor contractor’s safety program for compliance with Cal/OSHA. Notify contractor if an unsafe condition is observed. Notify City if contractor refuses to rectify unsafe condition and investigate accidents.
Task 18: Drone Services – Deliverables: Provide aerial photos and video of the various project sites.
Task 19: “As-Built” Drawings – Deliverables: Collect, review, and transmit contractor’s data to engineer.
Professional Services Agreement – Infrastructure Engineers Construction Management/Inspection Services
Annual Residential Street Rehabilitation Project CIP# 18-01, Phase 2B Public Works/Resolution No.______
Task 20: Final Walkthrough – Deliverables: Make final inspections and prepare punch list. Verify that required certificates of compliance, O&M manuals and as-build drawings have been delivered.
Task 21: Project Completion Report – Deliverables: Process final progress payment to contractor.
File Notice of Completion. Prepare final report and review project records.
As more fully described in the City’s “Annual Residential Rehabilitation Project (Phase 2B - CIP #18-01, Phase 2B) – Request for Proposals for Construction Management and Inspection Services and in Consultant’s “Proposal to Provide Annual Residential Rehabilitation Project (CPI #18-01, Phase 2B)” dated March 2, 2022, both of which are incorporated herein by this reference.
Consultant acknowledges that in entering into this Agreement the City is relying on Consultant's special skills and experience to do and perform the services in accordance with best standards of professional practice. While performing the services, Consultant agrees to perform all the said work and furnish all the necessary materials at its own cost and expense necessary to complete said services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances and to the reasonable satisfaction of the City.
Consultant services hereunder shall be performed in good, competent and professional manner.
Consultant shall be responsible for correcting and completing all errors and omissions related to the services provided by the Consultant for this Agreement at no additional cost to the City. “Errors” and “Omissions” for purposes of this paragraph are defined to mean a failure by the Consultant to meet the standards of its profession as set forth in the preceding paragraph. The acceptance of the services by City does not release Consultant from these obligations.
Consultant will be responsible for employing or engaging all persons necessary to perform the services. All of Consultant's staff will be qualified by training and experience to perform their assigned tasks. Consultant will give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and will keep the services under its control. On demand of City, if any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she will be discharged immediately from performing services rendered pursuant to this Agreement.
Ray Abassi, Principal of Consultant, shall be primarily responsible for representing Consultant in performance of this Agreement.
2. Duration of Contract.The Consultant shall commence services provided for herein upon written Notification to Proceed from the City and to continue in a diligent and professional manner until the services to be rendered are complete, unless this Agreement is extended or terminated as provided herein.
Consultant will generally adhere to any schedule set forth within Consultant’s Proposal or by the City provided, that City will grant reasonable extensions of time for the performance of the services occasioned by unusually lengthy governmental reviews of Consultant’s work product or other unavoidable delays occasioned by unforeseen circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees.
Consultant acknowledges the importance to City of City’s project schedule and agrees to put forth its best professional efforts to perform the services in a manner consistent with that schedule. City understands, however, that Consultant’s performance must be governed by sound practices. Consultant will work such overtime or engage such personnel and equipment as necessary to maintain the schedule, without additional compensation.
3. Compensation.The method of payment for this Contract will be on a fee-for-services basis as specified within Consultant’s “Proposed Fee & Schedule” and incorporated herein. The total price Professional Services Agreement – Infrastructure Engineers Construction Management/Inspection Services
Annual Residential Street Rehabilitation Project CIP# 18-01, Phase 2B Public Works/Resolution No.______
paid the Consultant will include compensation for all work, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total compensation will be negotiated between the Consultant and the City. Adjustment in the total compensation will not be effective until authorized and approved in writing by the City.
Progress payments may be made in arrears based on the percentage of work and deliverables completed by the Consultant. If Consultant fails to submit the required deliverable items according to schedule or as required by the Agreement, except for those amounts that are due and not reasonably in dispute, the City shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions noted herein.
Consultant shall be reimbursed within thirty (30) days, or as promptly as fiscal procedures may permit, upon receipt by the City of itemized invoices for services completed. Invoices shall be submitted no later than 45 calendar days after the performance of work for which the Consultant is billing. Invoices shall detail the work performed on each task as applicable. Invoices shall be delivered or mailed to the Director of Public Works Engineering Department at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.
As full and complete compensation for performance of all the services to be performed by the Consultant pursuant to this Agreement, City shall pay, and Consultant agrees to accept a not-to-exceed maximum sum of Three Hundred Fifty Four Thousand Eight Hundred and One Dollars ($354,801.00).
In the event of termination, the Consultant shall be entitled to compensation for the undisputed reasonable value of services performed to the effective date of termination, including any non-cancellable obligations incurred prior to termination; provided, however, that the City may condition payment of such compensation upon the Consultant’s delivery to the City of any and all City property, documents, reports, records, materials and work product associated with the performance of this Agreement.
4. Ownership of Materials.All product produced by Consultant or its agents, employees, and subcontractors pursuant to this Agreement (the “Work Product”) is the property of City. In the event this Agreement is terminated, all Work Product produced by Consultant or its agents, employees and subcontractors pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement.
The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Consultant; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances City uses, or engages the services of and directs another consultant to use the Work Product, City agrees to hold Consultant harmless from any and all liability, costs, and expenses relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Consultant, or anyone for whose acts it is responsible, in preparation of the Work Product. Consultant will not be responsible for deficiencies solely attributable to modifications of the Work Product performed by others, or that arise from use of the Documents in connection with a project or site other than that shown in the Work Product.
5. Independent Contractor Status.Consultant, its officers, employees, subconsultants, subcontractors, agents and volunteers (collectively hereinafter the “Consultant”), will perform the services in Consultant's own way and pursuant to this Agreement as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of City. The persons used by Consultant to provide the services under this Agreement will not be considered employees of City for any purposes.
Neither the City nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the Consultant, except as expressly set forth in this Agreement. Consultant expressly warrants Professional Services Agreement – Infrastructure Engineers Construction Management/Inspection Services
Annual Residential Street Rehabilitation Project CIP# 18-01, Phase 2B Public Works/Resolution No.______
that while engaged in carrying out and complying with any terms and conditions of this Agreement that Consultant shall not at any time or in any manner, represent that Consultant is in any manner officers, employees, agents or volunteers of the City. Consultant shall obtain no rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees. Consultant expressly waives any claim to such rights.
The payment(s) made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant or its agents, employees or subcontractors. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or its employees or subcontractors. Consultant agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment that City may be required to make on behalf of Consultant or any agent, employee, or contractor of Consultant for work done under this Agreement. At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Consultant.
6. Successors, Assignment and Delegation.City and the Consultant each binds themselves, their partners, successors, assigns and legal representatives to the other hereto and to partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in this Agreement.
The expertise and experience of Consultant are material considerations for this Agreement.
Consultant shall not assign or transfer any interest in this Agreement or the performance of any of Consultant’s obligations under this Agreement without the prior written consent of the City. Any attempted assignment or transfer of any of Consultant’s rights, duties or obligations arising under this Agreement shall be null and void.
7. Nondiscriminatory Employment Practices.During the performance of this Agreement, the Consultant agrees not to discriminate against any employee or applicant for employment because of race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations.
Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees, applicants and subcontractors for employment, notices setting forth the provisions of this non-discrimination clause.
In the event of the Consultant’s non-compliance with the non-discrimination clause of this Agreement, this Agreement may be immediately canceled, terminated or suspended in whole or in part.
8. Subcontracting.Consultant's services are unique and personal. Except as may be specified in Consultant’s Proposal and agreed to by the City, Consultant will not subcontract any portion of the services without prior written approval of City Manager or his/her designee. If Consultant subcontracts any of the services, Consultant will be fully responsible to City for the acts, errors and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Consultant and City. Consultant will be responsible for payment of subcontractors. Consultant will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Consultant's work unless specifically noted to the contrary in the subcontract and approved in writing by City.
Professional Services Agreement – Infrastructure Engineers Construction Management/Inspection Services
Annual Residential Street Rehabilitation Project CIP# 18-01, Phase 2B Public Works/Resolution No.______
9. Other Consultants.The City reserves the right to employ other consultants in connection with the services.
10. Indemnification.Consultant shall indemnify and save harmless the City, its officials, officers, employees, agents and volunteers (collectively hereinafter the “City”), against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City and shall indemnify and save the City from any and all liability and expense including reimbursement of reasonable defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Workers’ Compensation claims, of or by anyone whomsoever to the extent resulting from or arising out of the negligent, reckless or willful misconduct for the Consultant, its officers, employees, subconsultants, subcontractors or agents in the performance of the duties undertaken by Consultant pursuant to this Agreement.
This indemnification and hold harmless obligation does not extend to claims arising out of the negligence or willful misconduct of the City.
11. Insurance.Without limiting the Consultant’s indemnification of the City, Consultant shall obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Consultant or Consultant’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. Such evidence shall specifically identify this Agreement and shall contain express conditions that the City is to be given written notice at least thirty (30) days in advance of any termination or implementation of a reduction of limits or material change of insurance coverage as specified herein. Failure on the part of the Consultant to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Agreement. All insurance required hereunder shall be primary with respect to any insurance maintained by the City.
Coverages and Limits. Consultant will maintain the types of coverages and minimum limits indicated below, unless the City Manager, in consultation with the City Attorney approves a lower amount.
These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. The coverage will contain no special limitations on the scope of its protection to the below-designated insureds except for Workers Compensation and errors and omissions insurance. Consultant will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage.If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage, as Consultant deems adequate, at Consultant's sole expense.
11.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit.
11.2 Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage.
11.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Consultant has no employees and provides, to City's satisfaction, a declaration stating this.
11.4 Professional Liability. Errors and omissions liability appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. The coverage shall also provide an extended two (2) year reporting period commencing upon termination or cancellation of this Agreement.
Professional Services Agreement – Infrastructure Engineers Construction Management/Inspection Services
Annual Residential Street Rehabilitation Project CIP# 18-01, Phase 2B Public Works/Resolution No.______
Endorsements. For Commercial General Liability Insurance and Automobile Liability Insurance, Consultant will ensure that the policies are endorsed to name the City of Compton and its respective elected and appointed officers, officials, employees, agents and volunteers as “additional insureds” with respect to liability arising out of the activities of the Consultant. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City. Prior to City's execution of this Agreement, Consultant will furnish certificates of insurance and endorsements to City.
Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City.
12. Permits and Licenses.Consultant, at its own expense, during the term of this Agreement, shall obtain and maintain all appropriate business and professional permits, licenses and certificates that may be required in connection with the performance of services by the Consultant. Upon execution of this Agreement, the Consultant shall show evidence of a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.
13. Maintenance of Records. Consultant will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Consultant will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Consultant will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years, or longer if required by law, from the date of final payment under this Agreement.
14. Warranties.Consultant represents and warrants (i) that Consultant has no obligations, legal or otherwise, inconsistent with the terms of this Agreement or with Consultant’s undertaking this relationship with City, (ii) that the performance of the services called for by this Agreement do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party, (iii) that Consultant will not use in the performance of his responsibilities under this Agreement any confidential information or trade secrets of any other person or entity and (iv) that Consultant has not knowingly entered into or will enter into any agreement (whether oral or written) in conflict with this Agreement.
15. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws and ordinances and regulations, which in any manner affect those, employed by Consultant, or in any way affect the performance of the services by Consultant. Consultant will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the services with all applicable laws, ordinances and regulations. In the event the Consultant encounters any conflict between such laws and ordinances, Consultant shall notify the City in writing and the parties agree to work cooperatively to resolve the conflict.
16. Termination.In the event of the Consultant's failure to prosecute, deliver, or perform the services, after giving written notice of default and two (2) days to correct the same, then, in addition to any other remedies, City may terminate this Agreement for nonperformance by notifying Consultant in writing.
Consultant has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Consultant has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all Work Product and work in progress prepared by Consultant, whether located at the project site, at Consultant's place of business, or at the offices of a subconsultant.
The City’s obligation is payable only from funds appropriated for the purpose of this Agreement.
All funds for payments after the end of the current fiscal year are subject to the City’s legislative appropriation for this purpose. In the event this Agreement extends into succeeding fiscal year periods and Professional Services Agreement – Infrastructure Engineers Construction Management/Inspection Services
Annual Residential Street Rehabilitation Project CIP# 18-01, Phase 2B Public Works/Resolution No.______
the City Council does not allocate sufficient funds for the next succeeding fiscal year payments, this Agreement shall terminate immediately upon written notice from the City.
Either Party, upon tendering fifteen (15) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, Consultant will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City.
Consultant will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.
17. Force Majeure.In the event that performance by either party is rendered impossible (permanently or temporarily) due to acts of war, acts of terrorism, fires, floods, epidemics, quarantine restrictions, or other natural occurrences, strikes, work slowdowns, lockouts (other than lockout by Consultant), or other similar acts to those described above or other causes beyond the reasonable control of such party, and without fault or negligence, said event shall excuse performance by such party, or in the case of temporary impossibility, shall excuse performance only for a period commensurate with the period of impossibility. Notwithstanding the foregoing, City shall have the right to terminate this Agreement upon any event that renders performance impossible. In such case, City shall be responsible for payment of compensation for the reasonable value of services rendered to the point at which this Agreement is terminated, but in no event to exceed the total lump sum fee payable under this Agreement.
18. Covenants Against Contingent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to terminate this Agreement for nonperformance, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
19. Certifications.The Consultant, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
.a Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal, State or local agency; and .b Has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal, State or local agency within the past 3 years; and .c Does not have a proposed debarment pending; and
.d Has not been indicted, convicted, or had a civil judgment rendered against him/her/it by a court of competent jurisdiction in any matter involving fraud or official misconduct in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property within the past 3 years; and
.e Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in the preceding paragraph; and
.f Have not had one or more public transactions (Federal, State or local) terminated for cause or default within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space. [Supply exceptions on separate page]
For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Professional Services Agreement – Infrastructure Engineers Construction Management/Inspection Services
Annual Residential Street Rehabilitation Project CIP# 18-01, Phase 2B Public Works/Resolution No.______
[Attach separate page]
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction. The above certifications are part of this contract. Signing this agreement on the signature portion thereof shall also constitute signature of the above Certifications. _________________________________ ___________________ Ray Abassi, Principal (Date)
20. Jurisdiction, Venue and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Los Angeles, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. This Agreement will be governed by the laws of the State of California.
21. Testimony.Consultant will testify at City's request if litigation is brought against City in connection with Consultant's services under this Agreement. Unless the action is brought by Consultant, or is based upon Consultant's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with Consultant will compensate Consultant for time spent in preparation for testimony, testimony, and travel at Consultant's standard hourly rates at the time of actual testimony.
22. Waivers.The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment that may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.
23. Authority.The individuals executing this Agreement and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Agreement.
24. Severability.If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.
25. Amendments.This Agreement may be modified or amended only be written document executed by both Consultant and City’s City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.
26. Confidentiality. All documents, reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of the services pursuant to the Agreement are confidential until released by the City to the public, and the Consultant will not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before any such release.
27. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to non- Professional Services Agreement – Infrastructure Engineers Construction Management/Inspection Services
Annual Residential Street Rehabilitation Project CIP# 18-01, Phase 2B Public Works/Resolution No.______
material amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.
28. Notices.Any notices required or permitted under this Agreement shall be effective when delivered in person or via reputable delivery service (e.g. FedEx, DHL, UPS, etc.) or (b) on the fifth (5 th) calendar day after the deposit thereof in the United States mail, postage prepaid and addressed as hereinafter provided, or (c) one business day after sent by facsimile transmission.
To Consultant: Infrastructure Engineers
3060 Saturn Street, Suite 250
Brea, California 92821
Attn: Ray Abassi-Principal
(714) 940-0100
(714) 940-0700
To City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Director, Public Works Department
(310) 605-5505
(310) 605-6326 – fax.
Copy to: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may amend, supplement and update the notice list to add, delete or replace any listed individuals; however, the amendment must be in writing.
29. Miscellaneous.No provision of this Agreement is to be interpreted for or against either party because that party or that party’s legal representative drafted such provision.
Should either party hereto, or any representative, successor or assign of either party hereto, resort to litigation to enforce the provisions of this Agreement, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorney’s fees and costs in such litigation from the party or parties against whom enforcement is sought.
IN WITNESS WHEREOF, CONSULTANT has executed this Agreement, and the CITY, by its City Manager, who is authorized to do so, has executed this Agreement.
INFRASTRUCTURE ENGINEERS/CONSULTANT
Dated: _______________ By ___________________________________ Ray Abassi, Principal
Professional Services Agreement – Infrastructure Engineers Construction Management/Inspection Services
Annual Residential Street Rehabilitation Project CIP# 18-01, Phase 2B Public Works/Resolution No.______
Approved by:
Dated: _______________ By ___________________________________ Thomas Thomas, City Manager
Approved as to form:
By _________________________________ Dated: ______________ Eric J. Perrodin, City Attorney
ATTEST:
Dated: _______________ By __________________________________ Alita Godwin, City Clerk
June 14, 2022
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONSTRUCTION CONTRACT WITH AND ESTABLISH A PURCHASE
ORDER FOR ALL AMERICAN ASPHALT FOR THE ANNUAL
RESIDENTIAL STREET REHABILITATION PROJECT, CIP# 18-01,
PHASE 2B ($6,840,971.50)
SUMMARY
Adoption of this resolution will authorize the City Manager to enter into a construction contract with and establish a purchase order in the amount of Six Million, Two Hundred Nineteen Thousand and Sixty-Five Dollars ($6,219,065) for All American Asphalt and Six Hundred Twenty-One Thousand, Nine Hundred Six Dollars and Fifty Cents ($621,906.50) contingency amount for the Annual Residential Street Rehabilitation Project, CIP# 18-01, Phase 2B.
BACKGROUND
The Annual Residential Street Rehabilitation Project (“Project”) provides improvements to streets in accordance with the plans, specifications and other contract documents as specified herein and shall consist of the following general work descriptions:
construction of cold mill, ARHM pavement, AC base course, aggregate base, full depth AC slot pavement, curb and gutters, sidewalks, cross gutter, alley intersection, driveway approach, curb ramps, signing, striping, markings, and pavement legends, speed hump, traffic signal loops, adjust to grade existing sewer manholes, water valves, water meters, and storm drain manholes, and such other items or details, not mentioned above, that are required by the plans and standard specifications.
The Phase 2B street improvements are located on Compton Avenue, Slater Avenue, Rosecrans Avenue, and Santa Fe Avenue as follows:
No. Street Name Limits
1. Compton Avenue 130th Street to 134th Place
2. Slater Avenue 133rd Street to Wilmington Avenue
3. Rosecrans Avenue City Limit East to Alameda Street
4. Santa Fe Avenue City Limit North to City Limit South
10.10.10.10. Staff Report – Resolution Authorizing Construction Contract All American Asphalt
Annual Residential Street Rehabilitation Project, CIP 18-01, Phase 2A June 14, 2022, Page 2 of 2
STATEMENT OF ISSUE
The Annual Residential Street Rehabilitation Project (CIP# 18-01, Phase 2B) was advertised for competitive bids on April 20 th, April 27 th, May 4 th and May 11 th, 2022.
Bids were received and opened on May 25, 2022. Four (4) bids were received as follows:
Contractors Amount
All American Asphalt $6,219,065
Hardy & Harper, Inc. $6,777,000
Palp dba Excel Paving $6,527,870
Sully Miller Contracting $6,783,000
Based upon review of the submitted bid documents, it was determined that All American Asphalt was the apparent lowest bidder. Additionally, staff recommends that a ten percent (10%) contingency in the amount of $621,906.50 for any unforeseen costs be authorized for this Project. The Engineer’s Estimate for this Project was $5,817,405.
The project is specified to be completed in 180 working days.
Therefore, in order to award the construction contract with and establish a purchase order for All American Asphalt in the amount of $6,219,065 and a contingency amount of $621,906.50 for the Annual Residential Street Rehabilitation Project, CIP# 18-01, Phase 2B, City Council’s authorization is necessary.
FISCAL IMPACT
Funds in the amount of $6,840,971.50 are available in the Public Works 2021-2022 Fiscal Year in Account No. 3031-710-000-4300 (MTA Bond Funds).
ALTERNATIVE
Council can reject all bids and instruct staff to re-advertise, however, due to the desire of the City to move forward with this project, no other alternative is being proposed at this time.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution.
JOHN D. STRICKLAND, JR., PROJECT MANAGER
PUBLIC WORKS ENGINEERING DEPARTMENT
APPROVED AS TO FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONSTRUCTION CONTRACT WITH AND ESTABLISH A PURCHASE
ORDER FOR ALL AMERICAN ASPHALT FOR THE ANNUAL
RESIDENTIAL STREET REHABILITATION PROJECT CIP #18-01, PHASE 2B ($6,840,971.50)
WHEREAS,the Annual Residential Street Rehabilitation Project (“Project”) provides improvements to streets in accordance with the plans, specifications and other contract documents as specified herein and shall consist of the following general work descriptions: construction of cold mill, ARHM pavement, AC base course, aggregate base, full depth AC slot pavement, curb and gutters, sidewalks, cross gutter, alley intersection, driveway approach, curb ramps, signing, striping, markings, and pavement legends, speed humps, traffic signal loops, adjust to grade existing sewer manholes, water valves, water meters, and storm drain manholes, and such other items or details, not mentioned above, that are required by the plans and standard specifications; and WHEREAS, the Phase 2B street improvements are located on Compton Avenue, Slater Avenue, Rosecrans Avenue, and Santa Fe Avenue as follows:
No. Street Name Limits
1. Compton Avenue 130th Street to 134th Place
2. Slater Avenue 133rd Street to Wilmington Avenue
3. Rosecrans Avenue City Limit East to Alameda Street
4. Santa Fe Avenue City Limit North to City Limit South WHEREAS,the Annual Residential Street Rehabilitation Project (CIP# 18-01, Phase 2B) was advertised for competitive bids on April 20 th, April 27th, May 4th and May 11th, 2022; and
WHEREAS,bids were received and opened on May 25, 2022 and four (4) bids were received as follows:
Contractors Amount
All American Asphalt $6,219,065
Hardy & Harper, Inc. $6,777,000
Palp dba Excel Paving $6,527,870
Sully Miller Contracting $6,783,000; and
WHEREAS, based upon review of the submitted bid documents, it was determined that All American Asphalt was the apparent lowest bidder; and WHEREAS,staff recommends City Council award the construction contract to All American Asphalt in the amount of $6,219,065; and
WHEREAS,staff recommends that a ten percent (10%) contingency in the amount of $621,906.50 for any unforeseen costs be authorized for this Project; and WHEREAS,the Engineer’s Estimate for this Project was $5,817,405 and the project is specified to be completed in 180 working days; and WHEREAS,in order to award the construction contract with and establish a purchase order for All American Asphalt in the amount of $6,219,065 and a contingency amount of $621,906.50 for the Annual Residential Street Rehabilitation Project, CIP# 18-01, Phase 2B, City Council’s authorization is necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Resolution No. ____________
SECTION 1.That the bid of All American Asphalt in the amount of Six Million Two Hundred Nineteen Thousand and Sixty Five Dollars ($6,219,065.00) is hereby accepted and all other bids rejected.
SECTION 2.That the City Manager, upon the advice and approval of the City Attorney is hereby authorized to enter into a construction contract with All American Asphalt for services performed on the Annual Residential Street Rehabilitation Project, CIP #18-01, Phase 2B.
SECTION 3.That funds in the amount of $6,840,971.50 are available in the Public Works 2021-2022 Fiscal Year budget in Account No. 3031-710-000-4330.
SECTION 4.That a purchase order in the amount of $6,219,065.00 is authorized to be established for All American Asphalt for services to be rendered on the Annual Residential Street Rehabilitation Project, CIP# 18-01, Phase 2B.
SECTION 5.That a project contingency amount of Six Hundred Twenty-One Thousand Nine Hundred Six Dollars and Fifty Cents ($621,906.50) is hereby authorized.
SECTION 6.That a copy of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and Public Works Department.
SECTION 7. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ________ day of ____________, 2022.
_______________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
RESOLUTION NO. ___________________
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the ________ day of ________________, 2022.
That said Resolution was adopted by the following vote to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
___________________________________
CITY CLERK OF THE CITY OF COMPTON
ITEM NO. ITEM DESCRIPTION QUANTITY UNIT OF
MEASURE UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST 1 Mobilization 1 LS $290,000.00 $290,000.00 $300,000.00 $300,000.00 $298,000.00 $298,000.00 $330,000.00 $330,000.00 2 Traffic Control 1 LS $400,000.00 $400,000.00 $593,700.00 $593,700.00 $529,000.00 $529,000.00 $583,220.00 $583,220.00 3 Best Management Practices 1 LS $13,000.00 $13,000.00 $25,000.00 $25,000.00 $18,000.00 $18,000.00 $24,000.00 $24,000.00 4 Clearing & Grubbing and
Unclassified Excavation 1 LS $740,000.00 $740,000.00 $500,000.00 $500,000.00 $682,000.00 $682,000.00 $800,000.00 $800,000.00 5 Cold Mill Existing Pavement 1,320,000 SF $0.28 $369,600.00 $0.28 $369,600.00 $0.30 $396,000.00 $0.38 $501,600.00 6 Construct 2" Asphalt Rubber Hot
Mix (ARHM) 19,000 TON $117.00 $2,223,000.00 $120.00 $2,280,000.00 $118.00 $2,242,000.00 $120.00 $2,280,000.00 7 Construct 2" AC Base Course 3,000 TON $96.00 $288,000.00 $100.00 $300,000.00 $120.00 $360,000.00 $105.00 $315,000.00 8 Construct 8" CAB 5,000 CY $41.00 $205,000.00 $92.00 $460,000.00 $72.00 $360,000.00 $90.00 $450,000.00 9 Sawcut, Remove Existing and
Construct 4" PCC Sidewalk 1,200 SF $12.00 $14,400.00 $13.00 $15,600.00 $14.00 $16,800.00 $22.00 $26,400.00 10 Sawcut, Remove Existing and
Construct PCC Driveway Approach 31 EA $4,500.00 $139,500.00 $4,100.00 $127,100.00 $5,300.00 $164,300.00 $4,400.00 $136,400.00 11 Sawcut Existing and Construct PCC
Cross Gutter 20,000 SF $19.00 $380,000.00 $30.00 $600,000.00 $22.00 $440,000.00 $18.00 $360,000.00 12 Sawcut, Remove Existing and
Construct PCC Curb Ramp 70 EA $7,800.00 $546,000.00 $8,000.00 $560,000.00 $6,700.00 $469,000.00 $5,500.00 $385,000.00 13 Sawcut Existing and Construct Alley
Intersection 1 EA $7,250.00 $7,250.00 $7,500.00 $7,500.00 $11,000.00 $11,000.00 $9,500.00 $9,500.00 14 Adjust to Grade Water Valve 121 EA $930.00 $112,530.00 $950.00 $114,950.00 $890.00 $107,690.00 $900.00 $108,900.00 15 Adjust to Grade Sewer Manhole 86 EA $1,300.00 $111,800.00 $1,150.00 $98,900.00 $950.00 $81,700.00 $1,000.00 $86,000.00 16 Adjust to Grade Storm Drain
Manhole 26 EA $1,300.00 $33,800.00 $1,150.00 $29,900.00 $950.00 $24,700.00 $1,000.00 $26,000.00 17 Adjust to Grade Test Well Box 3 EA $930.00 $2,790.00 $1,200.00 $3,600.00 $975.00 $2,925.00 $1,000.00 $3,000.00 18 Remove and Construct Speed
Hump 4 EA $4,400.00 $17,600.00 $4,500.00 $18,000.00 $2,000.00 $8,000.00 $2,600.00 $10,400.00 19 Funish and Install Street Name Sign 84 EA $195.00 $16,380.00 $200.00 $16,800.00 $200.00 $16,800.00 $265.00 $22,260.00 Sully-Miller ContractingAnnual Residential Street Rehabilitation Project (Phase 2B) All American Asphalt Hardy & Harper Palp dba Excel Paving 20 Furnish and Install Overhead
Reflective Street Name Sign 43 EA $975.00 $41,925.00 $1,000.00 $43,000.00 $940.00 $40,420.00 $1,400.00 $60,200.00 21 Furnish and Install Regulatory Sign 101 EA $140.00 $14,140.00 $150.00 $15,150.00 $135.00 $13,635.00 $155.00 $15,655.00 22 Install Traffic Detector Loop 228 EA $300.00 $68,400.00 $500.00 $114,000.00 $285.00 $64,980.00 $290.00 $66,120.00 23 Sawcut Existing and Construct Curb
and Gutter 40 LF $100.00 $4,000.00 $80.00 $3,200.00 $138.00 $5,520.00 $155.00 $6,200.00 24 Construct Truncated Domes 3 EA $1,650.00 $4,950.00 $2,000.00 $6,000.00 $800.00 $2,400.00 $715.00 $2,145.00 25 Miscellaneous Concrete Items, etc. 1 LS $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 26 Striping, Markings, & Pavement
Legends 1 LS $125,000.00 $125,000.00 $125,000.00 $125,000.00 $123,000.00 $123,000.00 $125,000.00 $125,000.00 1 $6,219,065.00 3 $6,777,000.00 2 $6,527,870.00 4 $6,783,000.00 TOTAL
CONSTRUCTION SERVICES AGREEMENT
BETWEEN
CITY OF COMPTON
AND
ALL AMERICAN ASPHALT
[Annual Residential Street Rehabilitation Project– CIP #18-01, Phase 2B] This AGREEMENT is entered into by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) located at 205 South Willowbrook Avenue, Compton, California 90220, and ALL AMERICAN ASPHALT (hereinafter referred to as “CONTRACTOR”) located at 400 East Sixth Street, Corona, California 92879, (each a “Party” and collectively, the “Parties”).
RECITALS:
A. City is a municipal corporation duly organized and validly existing under the law of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City.
B. Contractor is a corporation duly organized and in good standing in the State of California.
Contractor represents that it is duly licensed by the State of California (License No. 267073) and has the background, knowledge, experience and expertise to perform the obligations set forth in this Agreement.
C. City and Contractor enter into this Agreement for the purpose of retaining Sully-Miller Contracting Company (Contractor) to perform that work required pursuant to the Annual Residential Street Rehabilitation Project CIP# 18-01, Phase 2B (“Project”).
D. Authorization to enter into this Agreement is pursuant to Resolution No. _______adopted by the City Council on ________, 2022.
WHEREFORE, the City and Contractor, for the consideration, terms and conditions herein described, mutually agree as set forth below:
1.0 GENERAL PROVISIONS
1.1 Definitions.
1.1.1 “Work” consists of all of the Construction Services, including but not limited to all of the labor, materials and equipment necessary to complete the Project in accordance with the Contract Documents.
1.1.2 “Contract Documents” consists of this Agreement (interchangeably “Contract”) (including all exhibits and schedules), any amendments and clarifications issued thereto, the “Notice Inviting Bids,” “Instructions to Bidders,” any “Supplementary Instructions to Bidders,” and any addendum(s) and supplements thereto issued by the City, the “Proposal” and any “Bid/Unit Price Proposal” submitted by the Contractor, the plans, general conditions, special provisions, standard and technical specifications, schedules, exhibits, drawings, designation of subcontractors, information required of bidder, all required bonds, insurance policies, endorsements, certificates, permits, notices and affidavits, notice to proceed, notice of completion, any Change Orders, the provisions of the Standard Specifications for Public Works Construction (SSPWC), latest Edition (except as modified), Standard Specifications of the State of California Department of Transportation (CalTrans), latest Edition (except as modified), Work Area Traffic Control Handbook (WATCH), latest Edition, CalTrans Standard Drawings, latest edition, Manual on Uniform Traffic Control Devices (MUTCD), latest Edition, MUTCD Latest Construction Services Agreement – All American Asphalt
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California Supplement, and any and all other documents identified in the Contract Documents which together form the agreement between the City and the Contractor.
1.2 Public Work of Improvement.
City and Contractor acknowledge that City is a political subdivision of the State of California and that construction of the Project is to be funded with public funds.
1.3 Trust and Confidence.
Contractor accepts the obligation of trust and confidence established between it and City by this Agreement and shall act in the best interests of City, as its fiduciary, in carrying out Contractor’s duties and responsibilities under this Agreement, including, without limitation, the furnishing of efficient business administration, sufficient senior level management and other qualified personnel to complete Contractor’s obligations under the Contract Documents in an expeditious and economical manner and within the Contract Price and Contract Time.
1.4 Standard of Care.
Contractor shall perform all its obligations under the Contract Documents in accordance with the highest standard of care applicable to the performance of services and Work required by the Contract Documents. In the event portions of the Project are to be performed in accordance with a specific performance standard, the Work shall be performed so as to achieve such standard.
1.5 Compliance with Applicable Laws.
Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project, and shall give all notices and comply with all applicable laws and lawful orders of any governmental authorities (including, without limitation, those laws, ordinances, rules, regulations and lawful orders relating to safety, prevailing wage, Hazardous Substances, and equal employment opportunities); pay all local, state and federal taxes; and pay all benefits, insurance, taxes and contributions for Social Security and Unemployment Insurance which are measured by wages, salaries or other remuneration paid to Contractor's employees. Contractor shall be liable for all violations of such laws and regulations in connection with the Contractor’s obligations on this Project. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a Charter city are a part of this Agreement to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents (hereinafter “City”) free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
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This Agreement is subject to and incorporates the terms of the Housing and Community Development Act of 1974, as amended by the Cranston-Gonzalez National Affordable Housing Act, 1990, and the 24 CFR Part 85. If the compensation under this Agreement is in excess of $100,000 then Contractor shall comply with applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 18579h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency Regulations (40 CFR part 15).
The Contractor must obtain and present all relevant state and local insurance, training and licensing pursuant to Work required within this Contract. Contractor shall also comply with the following laws:
1.5.1 Prohibition Against Employment Discrimination.During the performance of this Contract, the Contractor will not discriminate against any employee or applicant for employment because of race, color, gender, marital status, ethnicity, religion, age or medical condition as set forth in the California Labor Code Section 177.6, Government Code, Title VII of the Civil Rights Act and the Civil Rights Act of 1991 and any amendments to the above. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, gender, marital status, ethnicity, religion, age or medical condition.
In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations or orders, this Contract may be canceled, terminated or suspended in whole or part and the Contractor may be declared ineligible for further Government contracts and such other sanctions may be imposed and remedies invoked as provided by law.
1.5.2 Clayton Act and Cartwright Act.In accordance with Section 7103 of the California Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the City all rights, and interest in and all causes of action it may have under Section 4 of the Clayton Act or under the Cartwright Act, arising from the purchases of goods, services or materials pursuant to this Contract.
1.5.3 Federal Lobbyist Requirements.The Contractor is prohibited by the Department of Interior and Related Agencies Appropriations Act, known as the Byrd Amendments, and HUD’s 24 CFR Part 87, from using federally appropriated funds for the purpose of influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment or modification of said documents.
1.5.4 Subletting and Subcontracting.Contractor acknowledges and agrees that it is the City’s intent for the provisions of the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the California Public Contract Code) to apply to all phases of the Work.
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1.5.5 Prevailing Wage Requirements.This Project is funded in whole or in part with Federal Housing and Community Development funds. The Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced.
This Project is a public work in the State of California, which may be funded in whole or in part with public funds. Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced. Contractor’s duty to pay State prevailing wages can be found under California Labor Code Section 1770 et seq. and the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment can be found in California Labor Code Sections 1775 and 1777.7, as such wage rates are amended from time to time. It is the Contractor’s responsibility to ensure payment of prevailing wages and inform all subcontractors that prevailing wage requirements apply to this construction project from commencement of the Contract through completion of the Work. .aContractor shall pay all employees on said Work a salary or wage at least equal to the prevailing salary or wage established for such Work as set forth in the wage determinations and wage standards applicable to this Work. Contractor shall forfeit to the City, as penalty, Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by him or any subcontractors under him) less than the prevailing rate described above on the Work provided for in this Agreement, all in accordance with the State Labor Code and be subject to debarment from future public works projects with the City for a period not to exceed three (3) years. The Contractor shall not require more than eight (8) hours in a day from any person employed by him hereunder, except as provided in the Labor Code. The Contractor shall conform to the State Labor Code and it is agreed that the Contractor shall forfeit to the City, as penalty, the sum of Twenty Five Dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or any subcontractors for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in one day or 40 hours in one week in violation of said article. The Contractor shall indemnify, defend and hold harmless the City, its officials, officers, employees and agents from any and all liability including, but not limited to wages, overtime pay, liquidated damages, penalties, court costs, and attorneys fees arising under any wage and hour law including, but not limited to the Federal Fair Labor Standards Act, as amended, for work performed by the Contractor’s employees for which the City may be found jointly or solely liable.
1.5.6 Employment of Apprentices.Pursuant to California Labor Code Section 1777.5, Contractor shall file with the appropriate Joint Apprenticeship Training Committee (“JATC”), a DAS-140 form registering to train apprentices. Only those programs approved by the California Apprenticeship Council are applicable to accept DAS-140 registration forms. In addition, Contractor is required to make appropriate training contributions as set forth in the prevailing wage determination to each appropriate JATC, or in the alternative, to the California Apprenticeship Council. .aContractor shall forfeit to the City, as penalty, Fifty Dollars ($50.00) for each calendar day and be subject to debarment from future public works projects with the City for a period not to exceed three (3) years for failure of Contractor to register to train apprentices or failure to pay the appropriate training contribution.
1.5.7 Certified Payrolls.Pursuant to California Labor Code Section 1776, Contractor shall keep weekly payroll records, which shall be certified under penalty of perjury to record the proper payment of prevailing wages for this Project. City shall accept computer printouts (which are then certified) in lieu of the standard form as long as the computer printout provides all of the same information as required on the certified payroll form. Failure of Contractor to provide the certified payrolls within ten (10) days of a written deficiency notice from the City shall result in a penalty of Twenty Five Dollars ($25.00) per day per worker for each day of violation. City maintains the right to withhold any and Construction Services Agreement – All American Asphalt
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all funds due the Contractor and/or his/her subcontractors in the event that certified payrolls are not maintained and provided to the City upon request.
1.5.8 Employment Eligibility.Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to the Immigration Reform and Control Act of 1986, as may be amended from time to time. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of this Agreement. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors performing any work relating to this Project or this Agreement to make the verifications and comply with all requirements and restrictions provided herein. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in this Section 1.5.8. Should Contractor employ undocumented aliens for the performance of Work covered by this Agreement, and should any liability or sanctions be imposed against the City for such use of undocumented aliens, Contractor hereby agrees to and shall reimburse City for the cost of all liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
1.5.9 Water Pollution Control.
1.5.9.1 Best Management Practices (BMPs).Contractor, without limitation, shall be responsible to provide and implement Best Management Practices to comply with National Pollution Discharge Elimination System (“NPDES”) standards and practices. The Contractor shall be responsible, to the fullest extent possible, not to permit any contaminants, including soil, to enter any drainage system. Contractor shall be responsible to maintain equipment so that oil, grease, gasoline, diesel fuel, et al., does not contaminate areas subject to run-off. The Contractor and its surety shall fully indemnify the City for any pollution damage and/or cleaning costs. All construction of off-site and on-site improvements shall adhere to NPDES Best Management Practices to prevent deleterious materials or pollutants from entering the City or County storm drain systems. Best Management Practices shall be defined as any program, technology, process, site criteria, operating method, measure or device which controls, prevents, removes or reduces pollution. Contractor shall obtain and refer to the California Storm Water Best Management Practice Handbooks, Volume 3 Construction BMP Handbook and the Los Angeles County Department of Public Works Best Management Practices Handbook for Construction Activities.
The City, as permittee, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency and private citizens. The City may assess the Contractor a penalty of One thousand Dollars ($1,000.00) for each calendar day that the Contractor has not fully implemented the BMPs specified for the contract and/or is otherwise in noncompliance with these provisions. In addition, the City will deduct, from the final payment due the contractor, the total amount of any fines levied on the City, plus legal and staff costs, as a result of the Contractor’s lack of compliance with these provisions and/or less than complete implementation of the specified BMPs.
1.5.10Upon City's request, Contractor shall furnish evidence satisfactory to City that any and all of the foregoing obligations have been fulfilled. Without limiting the foregoing, Contractor shall pay all employees on said Work a salary or wage at least equal to the prevailing salary or wage established for such Work as set forth in the wage determinations and wage standards applicable to this Work.
1.6 Key Personnel.
1.6.1 Contractor’s Representative. Contractor hereby designates Mark Luer, Construction Services Agreement – All American Asphalt
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President of Contractor as Contractor’s Representative, who shall be deemed to be Contractor’s agent with express authority to bind Contractor with respect to all matters requiring Contractor’s approval or authorization.
1.6.2 City’s Representative. City hereby designates the Director of the Public Works Department, or his/her designee as City’s Representative for this Project.
1.7 Independent Contractor.
Contractor shall be an independent contractor, and neither Contractor, its officers, principals, employees, agents, volunteers and subcontractors (collectively hereinafter the “Contractor”), shall be considered employees or agents of City. Neither the City nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the Contractor, except as expressly set forth in this Agreement. Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Agreement that Contractor shall not at any time or in any manner, represent that Contractor is in any manner officers, employees, agents or volunteers of the City. Contractor shall obtain no rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees. Contractor expressly waives any claim to such rights.
1.7.1Contractor verifies that it possesses a “Class A” Contractor’s License(s) adequate to perform the Work herein described and that all subcontractors of Contractor have equivalent licenses for their specific trades. Contractor further verifies that it and its subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work under the Labor Code.
1.8 Permits.
Contractor understands and assumes all risk and sole responsibility, without any adjustment to the Contract Price or Contract Time, for obtaining all permits, licenses and approvals that may be necessary for the Project to be completely constructed and ready for acceptance or occupancy by City.
Prior to or at the time of execution of this Agreement, the Contractor, and all Contractor’s subcontractors, shall purchase a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code and obtain applicable no-fee construction permits.
2.0 SCOPE OF SERVICES
2.1It is the mutual understanding of the Parties that all construction services to be performed hereunder shall be performed pursuant to the fee schedule, scope of work, the City Engineer and/or Project Manager, and other requirements contained in the Contract Documents. Contractor agrees to provide and furnish all necessary professionals, managers, supervisors, staff, equipment, materials, laborers, necessary tools, expendable equipment, all utility and transportation services and other facilities required to complete the following work:
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ANNUAL RESIDENTIAL STREET REHABILITATION PROJECT (CIP#18-01, PHASE 2B)
The Annual Residential Street Rehabilitation Project (“Project”) provides improvements to streets in accordance with the plans, specifications and other contract documents as specified herein and shall consist of the following general work descriptions: construction of cold mill, ARHM pavement, AC base course, aggregate base, full depth AC slot pavement, curb and gutters, sidewalks, cross gutter, alley intersection, driveway approach, curb ramps, signing, striping, markings, and pavement legends, speed hump, traffic signal loop, adjust to grade existing sewer manhole, water valve, water meter, and storm drain manhole, and such other items or details, not mentioned above, that are required by the plans and standard specifications. The Project locations are as follows:
No. Street Name Limits
1. Compton Avenue 130th Street to 134th Place
2. Slater Avenue 133rd Street to Wilmington Avenue
3. Rosecrans Avenue City Limit East to Alameda Street
4. Santa Fe Avenue City Limit North to City Limit South
2.2 Management of Construction Work.
In addition to the Construction Work, Contractor shall cooperate with the City, City’s Engineer and/or any construction management firm it may utilize as concerns and is incidental to construction projects of the nature and scope of this Project. The services required are not intended in any manner to diminish the overall responsibility of Contractor for the full and final completion of the Construction Work within the time and cost constraints specified in this Contract.
Contractor shall bear all costs associated with this Work, including, but not limited to, all professional, technical, clerical services, materials, tools, equipment, transportation, telephone, etc., used by Contractor in connection with this Work.
3.0 CONTRACT PRICE
3.1 Total Compensation.
As full and complete compensation for the faithful performance of all of the Work hereunder performed by Contractor in accordance with the Contract Documents, City shall pay, and Contractor agrees to accept, a not-to-exceed maximum sum of Six Million Two Hundred Nineteen Thousand and Sixty-Five Dollars ($6,219,065.00) (“Contract Price”), subject to adjustments for changes in the Work as may be agreed to in writing by the City and Contractor.
3.2 The Contract Price, unless changed by a properly authorized and written Change Order, represents the absolute limit of obligation or liability that City may ever have insofar as the cost for full and final completion of the Work, and the total of all payments to Contractor are concerned. Should additional amounts be required to be expended, over and above the Contract Price, to achieve completion of the Work, including project construction, and payment to Contractor, in accordance with this Contract, liability for and payment of such additional amounts shall be the sole responsibility of Contractor and its Contract surety herein, and City shall not be liable for same. Should the final cost of the construction work and Contractor’s compensation total less than the Contract Price, or Construction Services Agreement – All American Asphalt
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any approved revision thereof, the difference shall inure to the benefit of City and no claim for all or any portion of said difference shall be valid against or payable by City.
3.3 Payments.
Progress payments may be made in arrears based on the percentage of work and deliverables completed by the Contractor. If Contractor fails to submit the required deliverable items according to schedule, the City shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions noted herein.
Contractor shall be reimbursed in accordance with the provisions of California Public Contract Code, Section 20104.50, upon receipt by the City of itemized invoices for services completed.
City will verify the accuracy of the request, correct the charges where appropriate and make payment to the Contractor in an amount equal to the amount of such invoice, as verified or corrected by City.
Invoices shall be submitted no later than 45 calendar days after the performance of Work for which the Contractor is billing. Invoices shall be delivered or mailed to the Public Works Director or his/her designee at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.
3.4 Retention.
Contractor agrees to the withholding of a 5% retention fee by the City. Unless there is a dispute, within sixty (60) days after the date of completion of the Work, the retention fee shall be released.
If there is a dispute, the City may withhold from the final payment an amount not to exceed 150% of the disputed amount. For purposes of this section, “completion” means any of the following:
The occupation and use of the improvement by the City after cessation of labor on the Work; or
The acceptance of the Work by the City; or
Cessation of labor on the Work of improvement for continuous period of at least 100 days, due to factors beyond the control of the City; or Cessation of labor on the Work of improvement for continuous period of at least 30 days if the City files for record a notice of cessation or a notice of completion. -Or-
Pursuant to Section 22300 of the Public Contract Code, this Contract permits the substitution of securities for any monies withheld by a public agency to ensure performance under this Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank as the escrow agent, who shall then pay such monies to the Contractor. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor.
Securities eligible for investment under this section shall include those listed in Government Code Section 16430 or bank or savings and loan certificates of deposit. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
In the alternative, under Section 22300, Contractor may request the City to make payment of earned retentions directly to the escrow agent at the expense of Contractor. Also at Contractor‘s expense, Contractor may direct investment of the payments in securities, and Contractor Construction Services Agreement – All American Asphalt
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shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Contract, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from the City pursuant to the terms of Section 22300. Contractor shall pay to each subcontractor, not later than 20 days after receipt of such payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to insure performance of Contractor.
3.5 Contractor’s Warranty of Contract Price.
Contractor warrants and represents that the Contract Price, includes without Limitation:
(i) all overhead, general and administrative expenses, including without limitation, both on-site and off-site direct job expenses and home office overhead for the Project and all fees and assessments for building and other permits for which Contractor is responsible, licenses and inspections required for the Project, and (ii) includes and assumes that from time to time Contractor will encounter delays, difficult conditions arising from limited access to work areas or other interferences for which responsibility is not otherwise attributable to Contractor and unforeseen conditions at the Site not constituting differing site conditions.
Except as otherwise provided in the Contract Documents, Contractor assumes full responsibility for its examination, investigation and understanding of such delays and difficulties which may be encountered, and shall be deemed to have included in its Contract Price a sum to cover the cost and expense associated therewith.
4.0 TIME
4.1 Time of Essence.
Time is of the essence with respect to all time limits set forth in the Contract Documents.
4.2 Commencement.
4.2.1 Construction Services. Contractor agrees to commence the Work provided for herein within 10 calendar days after receipt of the Notification to Proceed or as otherwise agreed in writing with the Director of his/her designee, and continue in a diligent, professional and worker-like manner as directed by the City without interruption until the each of the requested segment(s) and/or location(s) identified by the City for repairs and work is completed or within a total of 180 working days (this period is inclusive of time to procure needed materials, mobilization, etc.), whichever occurs first, unless this Agreement is extended, suspended or terminated as provided herein. .aNotwithstanding any other provisions of this Contract, Contractor shall not be obligated to perform any work and the City shall not be obligated to accept or pay for any work performed by the Contractor prior to issuance of a Notice to Proceed. The City’s knowledge of work being performed prior to issuance of the Notice to Proceed shall not obligate the City to accept or pay for such work. Contractor shall provide all required contract bonds and evidences of insurance prior to commencing work pursuant to this Contract.
4.3 Extensions.
The Contract Time shall not be extended except by a properly authorized and written Change Order issued in accordance with the Contract Documents.
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4.4 Compensation for Delay.
4.4.1 Sole Remedy. Extensions of time adjusting the Contract Time shall be Contractor's sole and exclusive remedy for delay for reasons beyond its reasonable control.
4.5 Liquidated Damages.
IF CONTRACTOR FAILS TO ACHIEVE SUBSTANTIAL COMPLETION OF THE WORK WITHIN THE PERIODS OF TIME REFERRED TO IN PARAGRAPH 4.2.1 OF THIS AGREEMENT (AS
ADJUSTED BY CHANGE ORDER FOR EXTENSIONS PERMITTED BY THE CONTRACT
DOCUMENTS), CITY WILL INCUR DAMAGES, THE AMOUNT OF WHICH WILL BE DIFFICULT OR
IMPOSSIBLE TO ESTABLISH WITH CERTAINTY, INCLUDING BUT NOT LIMITED TO INEFFICIENCY AND DISRUPTION OF CITY'S OPERATIONS. THE PARTIES THEREFORE AGREE THAT FOR EACH DAY PAST THE COMPLETION DATES REFERRED TO IN PARAGRAPH 4.2.1 (AS ADJUSTED BY
CHANGE ORDER FOR THE EXTENSIONS PERMITTED BY THE CONTRACT DOCUMENTS) THAT
THE WORK IS NOT SUBSTANTIALLY COMPLETE, CONTRACTOR SHALL PAY CITY THE SUM OF ONE THOUSAND DOLLARS ($1,000) FOR EACH CALENDAR DAY DELAYED BEYOND THE TIME PRESCRIBED FOR FINISHING THE WORK AS LIQUIDATED DAMAGES. THIS SUM REPRESENTS
A REASONABLE EFFORT TO ESTIMATE FAIR COMPENSATION FOR THE FORESEEABLE
LOSSES CITY WILL INCUR ON ACCOUNT OF DELAYS IN SUBSTANTIAL COMPLETION OF THE WORK AND IS NOT A PENALTY. IF LIQUIDATED DAMAGES ARE NOT PAID, THE CITY MAY
DEDUCT THE AMOUNT THEREOF FROM ANY MONEY DUE OR THAT MAY BECOME DUE TO THE
CONTRACTOR UNDER THIS AGREEMENT IN ADDITION TO ANY OTHER REMEDY AVAILABLE TO THE CITY. CONTRACTOR SHALL NOT BE ASSESSED LIQUIDATED DAMAGES IF THE DELAY IS
CAUSED BY ACTS OF GOD WHICH COULD NOT REASONABLY HAVE BEEN FORESEEN OR GUARDED AGAINST; STRIKES, BOYCOTTS OR LIKE OBSTRUCTIVE ACTIONS BY CONTRACTOR’S OR IT’S SUBCONTRACTOR’S EMPLOYEES WHICH ARE BEYOND CONTRACTOR’S CONTROL; FAILURE OF CITY TO PERFORM; OR FAILURE OF A PUBLIC
UTILITY TO RELOCATE OR REMOVE AN EXISTING UTILITY REQUIRED FOR PERFORMANCE OF THIS CONTRACT. CITY AND CONTRACTOR HEREBY INDICATE THEIR AGREEMENT TO THE FOREGOING LIQUIDATED DAMAGES PROVISION:
____________________________ ________________________________________ City of Compton – City Manager Contractor – All American Asphalt
4.6 Construction Schedule.
Contractor shall prepare and submit to City a detailed Construction Baseline Schedule (showing all milestones with critical activities on the Baseline Schedule) for each street segment(s) and/or location(s) identified and requested for repairs and Work prior to commencing construction. No Work shall be started until the Schedule has been approved in writing by the City. The Construction Schedule shall be prepared, utilizing a time-scaled bar chart showing continuous flow from left to right and major milestones which are critical to the completion of the construction of the Project and a clearly highlighted critical path. Durations and specific calendar dates shall be clearly and legibly shown for the start and finish of each activity. Activities shall be in sufficient detail to demonstrate a practical plan to complete the construction within the Contract Time. There shall be no extension of time granted due to delay caused by inability to obtain materials without the advance written approval of the Public Workers Director or his/her designee.
Contractor shall be held responsible for coordination of all phases of the operations/Work so that the schedule can be met. If Contractor desires to make a major change in its methods or Construction Services Agreement – All American Asphalt
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operations after commencing construction or if its Schedule fails to reflect the actual progress, the Contractor shall submit to the City a revised Construction Schedule. Said revised Schedule shall be submitted in advance of beginning revised operations. The City may suspend all progress payments if the Contractor fails to comply.
4.7 City Review Periods.
All schedules prepared by Contractor, shall include such City review periods as are required by the nature of the work and/or as requested by the City. Contractor shall in all cases deliver to City prior to commencement of a City review period a written request for review, accompanied, if appropriate, by the document, question or other information requiring the City or Architect review, response, approval or consideration. For purposes of determining compliance with the City review periods, if Contractor does not deliver its request for review before the first day of a City review period scheduled in the governing schedule, the City review period shall not commence until Contractor delivers such request and the respective City review date shall be extended (without any corresponding adjustment to the Contract Time) on a day-for-day basis until Contractor delivers such request to the proper entity from which a response, review or approval is sought. To the extent that such an extension causes delay to Contractor's performance within the Contract Time, such delay shall be deemed an inexcusable delay.
4.8 Governmental Authority Review Periods.
Contractor shall include in all of the schedules it prepares estimates of the time required for governmental authorities to inspect, review and approval of the Work while in progress. Contractor is solely responsible for the sufficiency and accuracy of its estimates of time for all governmental authority review periods.
5.0 CONSTRUCTION PHASE
5.1 General.
5.1.1Contractor shall completely perform, to City’s satisfaction, all of the Work in accordance with this Agreement and other Contract Documents.
5.1.2Unless otherwise provided in the Contract Documents, Contractor shall furnish, or cause to be furnished, and shall pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated into the Work.
5.1.3Contractor shall attend meetings with City as frequently as is necessary to the expeditious performance of the Work for the purpose of discussing construction issues which may arise during the Project.
5.2 Supervision of Work.
Contractor shall supervise and direct the Work, using Contractor’s best skill and attention.
Contractor shall be solely responsible for and have control over all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work.
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5.3 Permits, Approvals, Licenses and Notices.
Contractor shall obtain and pay for (i) all permits, approvals, licenses and easements; and (ii) government charges and inspection fees pertaining to the construction of the Project.
5.4 Safety.
5.4.1Contractor shall have overall responsibility for safety precautions and programs in the performance of the Work.
5.4.2Contractor shall seek to avoid injury, loss or damage to persons or property by taking reasonable steps to protect:
.aEmployees and all other persons at the Site;
.bMaterials and equipment stored on the Site or off the Site at locations for use in performance of the Work; and
.cThe Project and all property located at the Site, whether or not said property or structures are part of the Project or involved in the Work.
5.4.3Contractor shall designate an individual at the Site in the employ of Contractor who shall act as Contractor’s designated safety representative with a duty to prevent accidents.
5.4.4Losses not insured under property insurance which may arise from the performance of the Work, to the extent of the negligence attributed to such acts or omissions of Contractor or anyone for whose acts Contractor may be liable, shall be promptly remedied by Contractor at Contractor’s cost and without reimbursement by City as a cost of work, or in any other manner.
5.4.5If City deems any part of the Work or Site unsafe, City may require Contractor, without assuming responsibility for Contractor’s safety program, to immediately stop performance of the Work or take corrective measures. Neither City’s order nor Contractor’s action in response thereto shall be the basis for adjustment in the Contract Price or Contract Time.
5.4.6Should this work involve digging trenches or other excavations that extend deeper than four (4) feet below the surface, the Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:
.aMaterial the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site.
.bSubsurface or latent physical conditions at the Site differing from those indicated by information about the Site made available to bidders prior to deadline for submitting bids. .cUnknown physical conditions at the Site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.
5.4.7Contractor represents that in advance of the excavation of any trench deeper than five (5) feet, it shall submit for acceptance by the City or a registered civil or structural engineer, employed by the City, to whom authority to accept has been delegated, in advance of excavation, of a Construction Services Agreement – All American Asphalt
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detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
5.5 Substitutions.
There shall be no substitutions in the Work or procedures or methods specified by the Contract Documents for performing the Work, unless Contractor first receives written approval for such substitution from City.
5.6 Trade Contractors.
5.6.1If applicable, Contractor shall employ only Trade Contractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Each Trade Contractor, of every tier, shall be fully bound to the Contract Documents in the same manner as Contractor is bound to City for all the requirements of the Contract Documents to the extent applicable to the Trade Contractor’s portion of the Work.
5.6.2Contractor assumes responsibility for the proper performance of the Work of Trade Contractors, of every tier, and any acts or omissions in connection with such performance.
Contractor shall coordinate the activities of all Trade Contractors, of every tier.
5.7 Separate Contractors.
5.7.1Contractor agrees to reasonably cooperate with, and coordinate its activities so as not to interfere with, those Separate Contractors performing work at the Site, so that the Project can be completed in an orderly and coordinated manner without delay.
5.7.2If any part of the Work depends upon other work performed by Separate Contractors, Contractor shall, prior to proceeding with that part of the Work, inspect such other work and promptly notify the City of any circumstance or fact that would render such other work unacceptable for the proper performance of the Work. Contractor shall not proceed with such part of the Work without further direction from the City. Contractor shall be liable for losses incurred due to any defects in such other work not so reported by Contractor.
6.0 ACCOUNTING RECORDS
6.1 Access.
Contractor shall keep, and shall include in its contracts with its Trade Contractors, provisions requiring its Trade Contractors to keep, full and detailed accounts in accordance with the requirements of the Contract Documents and exercise such controls as may be necessary for proper financial management of the Work. Such accounting and control systems shall comply with prevailing custom and practice for similar Projects and be satisfactory to City and shall include preservation of such records for a period of four (4) years after final completion of the Work, or for such longer period as may be required by law.
Contractor shall allow, and shall include in its contracts with its Trade Contractors, provisions requiring its Trade Contractors to allow, City or its authorized representative(s) and accountants, within twenty-four (24) hours after requested by City, to inspect, audit or reproduce any and all records relating to the Project. Such records shall include all information, materials and data of every Construction Services Agreement – All American Asphalt
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kind and character (hard copy, as well as computer readable data if it exists), that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations relating to the Project, including without limitation the following: agreements; purchase orders; leases; contracts; commitments; arrangements; notes; schedules; daily diaries; superintendent reports; drawings; receipts; vouchers; memoranda; accounting records; job cost reports, job cost files (including documentation covering negotiated settlements); backcharge logs; general ledgers; documentation of cash and trade discounts earned, insurance rebates and dividends; any documents customarily maintained by contractors performing work on a cost plus a fee basis; other documents that City otherwise deems necessary to substantiate charges or claims related to the Project.
6.2 Enforcement.
Contractor hereby consents and agrees that any failure by Contractor to provide access to records as provided in this Article 6.0 shall be specifically enforceable by issuance of a preliminary and/or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony, to compel Contractor to permit access, inspection, audit and/or reproduction of the records or to require delivery of the records to City for inspection, audit and/or reproduction.
7.0 INDEMNITY, BONDS
7.1 Indemnity.
7.1.1 General Indemnity. To the fullest extent allowed by law, Contractor hereby agrees to defend, indemnify, and hold harmless City, its City Council, boards and commissions, officials, officers, agents, employees, representatives, insurers and volunteers (hereinafter collectively referred to as "City") through legal counsel acceptable to City, from and against any and all Losses arising directly or indirectly from, or in any manner relating to, any of the following: (i) any act or omission (negligent or otherwise) of Contractor, or by its Trade Contractors, of any tier; (ii) performance or nonperformance by Contractor or its Trade Contractors, of any tier, of any of the obligations under this Agreement or the other Contract Documents; (iii) the construction activities of Contractor, or its Trade Contractors, of any tier, either on the Site or on other properties; (iv) the payment or nonpayment of money by Contractor, or by any of its Trade Contractors, of any tier; or (v) any personal injury, property damage or economic loss to third persons or entities associated with the performance or nonperformance by Contractor, or any of its Trade Contractors, of any tier; provided, however, that nothing contained herein shall be construed as obligating Contractor to indemnify the City for losses resulting from the City’s sole negligence, active negligence or willful misconduct. Contractor shall pay City for any costs incurred in enforcing the defense and/or indemnity obligations under this provision. Nothing in this Section 7.1 shall be construed to give rise to any implied right of indemnity in favor of Contractor against the City.
7.1.2 Survival. The provisions of Paragraph 7.1.1 shall survive complete performance or termination of this Agreement.
7.1.3 Severability. The invalidity of any portion of Paragraph 7.1.1 shall not affect or render unenforceable any other portions thereof.
7.2 Bonds.
7.2.1 Bond Forms. Prior to commencing any construction of the Work, Contractor shall file with City good and sufficient "Labor and Material Payment" and "Performance" bonds in the amount of one hundred percent (100%) of the Contract Price for each. Contractor shall take steps to assure that the penal sum of the bonds shall be increased by the amount of any additive adjustments to Construction Services Agreement – All American Asphalt
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the Contract Price due to Change Orders. The bonds shall be on forms satisfactory to and approved by City, signed by both Contractor and surety and properly notarized. Should any bond required hereunder or any surety on such bond become or be determined by City to be insufficient, it shall be replaced within ten (10) days by a bond that fully complies with the requirements of this Paragraph 7.2.1. No further payments to Contractor for work performed shall be made or become due until Contractor has fully complied with the requirements of this Section 7.2.
7.2.2 Duration. The payment bond shall remain in effect until sixty (60) days after final completion of the Work and all claims by Contractor and Trade Contractors, of every tier, have been satisfied. The performance bond provided by Contractor shall remain in effect for the duration of the period of all warranties required by the Contract Documents and shall assure faithful performance of all of Contractor's obligations under the Contract Documents, including, without limitation, all obligations that survive final completion or termination, such as but not limited to Contractor's obligations under its warranties, guarantees and to defend and indemnify City.
7.2.3 Premiums. The premiums for all bonds are included in the Contract Price and shall be paid by Contractor.
7.2.4 Obligees. The performance and payment bonds shall name City as obligee.
7.2.5 Changes. Change Orders, Field Orders, Modifications, Scope Changes and other Changes in the Work and adjustments to the Contract Price or Contract Time shall in no way release or exonerate Contractor or its sureties from their obligations and notice thereof shall be waived by such sureties.
7.2.6 Communications. City shall have the right to communicate with Contractor's sureties with respect to matters that are related to Contractor's performance of its obligations under the Contract Documents. Such communications shall not create or be interpreted as creating any contractual relationship between City and any such surety.
8.0 INSURANCE
8.1 Insurance Requirements.The Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this Section 8.0.
As a condition precedent to the effectiveness of this Contract for work to be performed hereunder and without limiting the Contractor’s indemnification of the City, Contractor shall provide and maintain at its own expense during the term of this Agreement the following program(s) of insurance covering its operations hereunder. Failure on the part of the Contractor to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Agreement. Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. In the event that the Contractor's operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.
8.2 Minimum Scope of Insurance.Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Contractor under the terms of the Agreement. Contractor shall procure and maintain, at its own costs and expense, any additional kinds and amounts of insurance that, in its own judgment, may be necessary for its proper Construction Services Agreement – All American Asphalt
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protection of the work.
All insurance required hereunder shall be primary with respect to any insurance maintained by the City and shall not call on the City’s program for contributions. Program(s) of insurance shall include:
8.2.1 Commercial General Liability.Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01 11 88, with minimum limits of at least One Million Dollars ($1,000,000.00) per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit. Defense costs shall be paid in addition to the limits. Products and completed operations coverage shall be maintained for a minimum of two years after completion of the Work.
.aThe policy shall contain no endorsements or provisions limiting coverage for (1) explosion, collapse or underground hazard (XCU); (2) products and completed operations; (3) contractual liability; (4) third party action over claims; (5) cross liability exclusion for claims or suits by one insured against another; or (6) contain any exclusions contrary to the Contract.
8.2.2 Automobile Liability.Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 06 92 covering "Any Auto" (Symbol 1) with minimum limits of One Million Dollars ($1,000,000.00) each accident. If Contractor does not own any company vehicles, the requirement may be satisfied by providing (a) a Personal Automobile Liability policy for the Contractor's own vehicle (as specified in the following paragraph); and (b) a non-owned auto endorsement to the Commercial General Liability policy if Contractor may use vehicles of others (e.g., vehicles of employees). Independent Contractors may not be able to purchase a Business Automobile policy and consideration may be given to accepting a Personal Automobile Liability policy. Requirements should stipulate "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident.”
8.2.3 Workers' Compensation.Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance, with a limit of not less than One Million ($1,000,000.00) per accident for bodily injury and disease. Workers' Compensation and Employer's Liability insurance may not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
8.2.4Builder’s Risk Insurance.Builder’s Risk Insurance for any property constructed on behalf of the City, to cover “all risk” of physical loss providing for loss or damage from collapse, including collapse resulting from design error. The value insured shall cover 100% of the completed Contract cost and shall be maintained until full acceptance of the Work.
8.3 Endorsements.Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
8.3.1The policy or policies of insurance required by Section 8.2.1 (Commercial General Liability) shall be endorsed to provide the following:
.aAdditional Insured: The City, its officials, officers, employees, agents, and volunteers shall be named as “additional insured” with regard to liability and defense of suits or claims arising out of the performance of the Agreement. .bAdditional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) Construction Services Agreement – All American Asphalt
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contain any other exclusions contrary to the Contract.
.cCancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium.
8.3.2The policy or policies of insurance required by Section 8.2.2 (Automobile Liability) shall be endorsed to provide the following:
.aCancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium.
8.3.3The policy or policies of insurance required by Section 8.2.3 (Workers' Compensation) shall be endorsed to provide the following:
.aWaiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. .bCancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium.
8.4 Waiver of Subrogation.Required insurance coverage’s shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
8.5 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
8.6 Evidence of Insurance.The Contractor, concurrently with the execution of the Contract, and as a condition precedent to the effectiveness thereof, shall deliver certified copies of the required policies on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
8.7 Acceptability of Insurers.Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
8.8 Insurance for Subcontractors.All subcontractors shall be included as additional insured’s under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an “additional insured” to the subcontractor's policies.
Contractor shall submit proof of compliance with this provision upon request of the City.
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8.9 Reporting of Claims.Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
9.0 CHANGE ORDERS
9.1 Changes.City has the right, in its sole discretion, to make whatever changes it deems necessary or desirable to the Work; no change ordered by City shall entitle Contractor to an adjustment of the Contract Price or Contract Time unless it constitutes a Scope Change.
9.2 Change Orders.A Change Order is a duly authorized written order signed by City and Contractor, and issued after execution of this Agreement, authorizing an adjustment in the Contract Price and/or Contract Time. The Contract Price and Contract Time can be adjusted only by Change Order. No action, conduct, omission, prior failure or course of dealing by City shall act to waive, modify, change or alter the requirement that Change Orders must be duly authorized and in writing signed by City.
10.0 CERTIFICATIONS
10.1 Certification of Contractor.I, Mark Luer, HEREBY CERTIFY that I am the President, and duly authorized representative of the Contractor firm of All American Asphalt and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (i) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (ii) agreed, as an express or implied condition for obtaining this Contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (iii) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for or in connection with, procuring or carrying out this Agreement.
10.2 Debarment and Suspension Certification.The Contractor, under penalty of perjury, certifies that, except as noted below, he/she/it or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
a. is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal, State or local agency; and b. has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal, State or local agency within the past 3 years; and c. does not have a proposed debarment pending; and
d. has not been indicted, convicted, or had a civil judgment rendered against him/her/it by a court of competent jurisdiction in any matter involving fraud or official misconduct in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property within the past 3 years; and e. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in the preceding paragraph; and
f. have not had one or more public transactions (Federal, State or local) terminated for cause or default within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
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[Supply exceptions on separate page]
For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. [Attach separate page]
These certifications are a material representation of fact upon which reliance was placed when this transaction was made or entered into. The above certifications are part of this Contract. Signing this Agreement on the signature portion thereof shall also constitute signature of the above Certifications. ________________________________________ ___________________ Mark Luer, President (Date)
10.3 Non-Lobbying Certification for Federal-Aid Contracts.The Contractor certifies to the best of his or her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
These certifications are a material representation of fact upon which reliance was placed when this transaction was made or entered into. The above certifications are part of this Contract. Signing this Agreement on the signature portion thereof shall also constitute signature of the above Certifications. ________________________________________ ___________________ Mark Luer, President (Date)
11.0 DEFAULT AND TERMINATION
11.1 Default by Contractor.
11.1.1 Notice of Default. Without limitation to any of City’s other rights or remedies at law or in equity, City shall have the right to terminate this Agreement in the event that Contractor fails or refuses to perform any of the obligations set forth in this Agreement or the other Contract Documents, and fails to cure such default in the manner required hereafter.
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11.1.2 Opportunity to Cure Default. Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) business days after receipt of written notice of such default from City; provided, however, that if the breach cannot reasonably be cured within such time then Contractor will commence to cure the breach within two (2) days and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) calendar days after receipt of such written notice.
11.2 City's Rights and Remedies Upon Default.
11.2.1 Remedies Upon Default. In the event that Contractor fails to cure any breach of this Agreement within the time periods set forth above, then City may pursue any remedies available under law or equity, including, without limitation, the following:
.a Delete Certain Services. City may, without terminating this Agreement, delete certain portions of the Work, reserving to itself all rights to recover losses related thereto. .b Perform and Withhold. City may, without terminating this Agreement, engage others to perform the Work or portion of the Work that has not been performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to recover losses related thereto.
.c Suspend this Agreement. City may, without terminating this Agreement and reserving to itself all rights to recover losses related thereto, suspend all or any portion of this Agreement for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Price or Contract Time, and shall have no liability to Contractor for adjustment to the Contract Price, Contract Time, or for losses, if City directs Contractor to resume Work.
.d Terminate this Agreement. City may terminate all or any part of this Agreement for cause according to the notice provisions set forth in this Agreement, reserving to itself all rights to recover losses related thereto.
.e Invoke the Performance Bond. City may, with or without terminating this Agreement and reserving to itself all rights to recover losses related thereto, exercise its rights under the Contractor’s performance bond.
11.2.2 Rights Cumulative. All of City’s rights and remedies under this Agreement are cumulative, and shall be in addition to those rights and remedies available in law or in equity.
Designation in the Contract Documents of certain breaches as “material” shall not be construed as implying that other breaches not so designated are not material nor shall such designations be construed as limiting City’s right to terminate or the exercise of its other rights or remedies for default to only material breaches. City shall determine whether there has been noncompliance with the Contract Documents so as to warrant exercise by City of its rights and remedies for default. No termination or action taken by City after termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all losses suffered by City.
11.2.3 Monies. In the event of a termination or suspension of all or a portion of the Work due to a default by Contractor, City shall have the right, without releasing Contractor or its sureties from liability for failure to fulfill this Agreement, to withhold all or a portion of the monies owing or retained until final completion of the Work. Any cost over and above the Contract Price arising from the suspension of operations of this Agreement and the completion of the Work shall be paid by Contractor's Construction Services Agreement – All American Asphalt
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sureties. Contractor will be paid any surplus monies remaining after all contract disputes have been resolved and finally determined.
11.2.4 Delays by Sureties. Without limitation to any of City’s other rights or remedies under the law or in equity, City has the right to suspend the performance by Contractor's sureties in the event of any of the following: (i) failure of the sureties to begin work within a reasonable time in such manner as to ensure full compliance with the Contract Documents within the Contract Time; (ii) abandonment of the Work; (iii) if at any time City is of the opinion the Work is unnecessarily or unreasonably delayed; (iv) willful violation of any terms of this Agreement; (v) failure to perform according to this Agreement or the other Contract Documents; or (vi) failure to follow instructions of City for performance of the Work within the Contract Time. City will serve notice of such failure upon the sureties and in the event the sureties neglect or refuse to cure the breach within the time specified in such notice, City shall have the power to suspend the operation or any part thereof of Contractor’s sureties.
11.2.5 Contractor Obligations. Upon receipt of a notice of termination for default, Contractor shall, unless the notice states otherwise, perform each of the obligations set forth in Paragraph
11.4.1, below.
11.2.6 Damages to City.
.a Reservation of Remedies. City will be entitled to all damages available under the law, and all rights in equity, in the event of Contractor's breach of this Agreement or the other Contract Documents.
.b Deductions. If City suffers a loss due to Contractor's nonperformance, then such loss shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Contractor or its designee upon completion of the Project. If the loss incurred by City exceeds the amount withheld, Contractor shall be liable to City for the difference and shall promptly remit same to City.
.c No Release. If, however, City elects to terminate this Agreement for cause, all monies due Contractor or retained under the terms of the Contract Documents shall be forfeited to City. Such forfeiture shall not release Contractor or its sureties from liability for failure to fulfill this Agreement. Contractor and its sureties will be credited with the amount of monies forfeited toward any greater sum they may be liable for in connection with Contractor's default.
11.3 Suspension by City for Convenience.City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time, as City may determine, with such period of suspension to be computed from the date of the written order. Without limitation to the foregoing, Contractor acknowledges that issuance of a suspension order by City due to circumstances relating to City’s compliance with the California Environmental Quality Act is foreseeable and that such suspension order, regardless of its duration, shall not be considered a breach by City of this Agreement. Upon receipt of a suspension order, Contractor shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the suspension order during the period of work stoppage. Within the period of the above noted aggregate time, or such extension to that period as is agreed upon by Contractor and City, City shall either cancel the suspension order or it shall have the right, without incurring a liability to Contractor for lost profits or consequential damages, to delete the Work covered by such suspension order by issuing a Change Order.
11.3.1 Resumption. If a suspension order is canceled or expires, Contractor shall Construction Services Agreement – All American Asphalt
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resume and continue with the Work. A Change Order will be issued adjusting the Contract Price and/or the Contract Time for additional costs of work and delay necessarily caused by such suspension.
11.3.2 Suspension Order Required. The provisions of this Section 11.3 shall not apply if a suspension order is not issued by City. A suspension order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents.
11.4 Termination Without Cause.City shall have the option, at its sole discretion and without cause, to terminate this Agreement in part or in whole by giving thirty (30) days' written notice to Contractor as provided herein. Contractor agrees to accept such sums as allowed under this Section 11.4 as its sole and exclusive compensation and waives any claim for other compensation or Losses, including, but not limited to, Loss of anticipated profits, Loss of revenue, lost opportunity, or other consequential, direct, indirect, incidental Losses or damages, of any kind.
11.4.1 Contractor Obligations. Upon receipt of notice of termination without cause, Contractor shall, unless the notice directs otherwise, do the following:
.aImmediately discontinue performance to the extent specified in the notice;
.bPlace no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of its obligations as is not discontinued;
.cProvide to City a description, in writing no later than two (2) business days after receipt of the notice of termination, complete copies of all subcontracts, purchase orders and contracts that are outstanding, including any change orders, amendments and modifications thereto, status of payments and balance owing, the status of performance and claims by Trade Contractors, together with such other information as City may determine necessary in order to decide whether to accept assignment of, or request Contractor to terminate the subcontract, purchase order or contract; .dPromptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and
.eThereafter continue only such performance as may be necessary to preserve and protect work already completed or in progress and to protect materials and equipment on the Site or in transit thereto.
11.4.2 Final Billing. Following termination without cause and within thirty (30) days after receipt of a complete and timely billing from Contractor seeking payment of sums authorized by this Paragraph 11.4.2, City shall pay to Contractor as its sole and exclusive compensation for performance under this Agreement the following:
.aThe Contract Price earned and payable as of the date of termination, less sums previously paid to Contractor;
.bPlus, reasonable costs of work of Contractor and Trade Contractors for (i) demobilizing, and (ii) administering the close out of its participation in the Project (including, without limitation, all billing and accounting functions) for a period of no longer than thirty (30) days after receipt of the notice of termination;
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11.4.3 Trade Contractors. Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts with its Trade Contractors permitting termination for convenience by Contractor on terms that are consistent with this Agreement and that afford no greater rights of recovery against Contractor for termination than are afforded to Contractor.
11.5 Contractor's Rights and Remedies.
11.5.1 Contractor's Remedies. Contractor may terminate this Agreement for cause only upon the occurrence of one of the following:
.aThe work is stopped for one hundred sixty (160) consecutive days, through no act or fault of Contractor, any Trade Contractor, of any tier, or any employee or agent of any of them, due to issuance of an order of a court or other governmental authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable.
.bCity fails to make payment of sums that are not in good faith disputed by City and fails to cure such default within (i) ninety (90) days after receipt of notice from Contractor notifying City of the default; and (ii) an additional thirty (30) days notice to City notifying it of its intention to terminate this Agreement.
11.5.2 Continuous Performance. Provided that Contractor is paid undisputed sums due under this Agreement, Contractor shall not stop, delay or interrupt continuous performance of the Work by reason of any dispute or disagreement with City, including, without limitation, any disputes or disagreements over payments of funds that are disputed in good faith by City.
12.0 MISCELLANEOUS PROVISIONS
12.1 Warranties.Contractor warrants and guarantees all Work under this Contract (which for purposes of this section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or period of time specified elsewhere in this Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) following completion and the date of final acceptance of the Project, Contractor shall, within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year, commencing with the date of acceptance of such corrected Work. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. This obligation shall survive completion or termination of the Contract.
12.2 Non-Liability of City Officers and Employees.No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or Construction Services Agreement – All American Asphalt
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breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Contract.
12.3 Governing Law.This Agreement shall be governed by the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.
12.4 Waiver of Jury Trial.Contractor voluntarily waives its right to a jury trial of any cause of action, claim, counter-claim or cross-complaint in any action, proceeding or hearing on any matter whatsoever arising out of, or in any way connected with, this Agreement, the relationship between City and Contractor, Contractor’s performance on the Project, or the enforcement of any remedy under any law, statute or regulation now or hereafter in effect. Contractor shall include this provision for waiver of jury trial right in its contracts with its Trade Contractors who provide work to the Project, waiving the right of a jury trial in any action involving City as a party, whether by joinder, consolidation, counter-claim, cross-complaint or otherwise.
12.5 Severability.Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties.
12.6 Successors and Assigns.This Agreement shall be binding on successors, assigns and legal representatives of and persons in privity of contract with City or Contractor. Contractor shall not assign, sublet or transfer an interest in this Agreement without advance written approval of City.
Assignment, subletting or transfer will not release Contractor from any of its obligations to City.
12.7 Interpretation.Contractor and City acknowledge that the terms of this Agreement has been mutually negotiated and that such documents shall not be interpreted against either City or Contractor on the basis that either party was responsible for or in control of the drafting of such documents.
12.8 Survival.All provisions of this Agreement which by their nature continue beyond the termination or completion of performance under this Agreement, including, without limitation, those obligations pertaining indemnification, insurance and confidentiality, shall survive and continue in force after either termination or completion of performance by Contractor.
12.9 Conflict of Interest.The Contractor represents, warrants and agrees that to the best of its knowledge, it does not presently have, nor will it acquire during the term of this Contract, any interest direct or indirect, by Contract, employment or otherwise, or as a partner, joint venturer or shareholder (other than as a shareholder holding a one percent (1%) or less interest in publicly traded companies) or affiliate with any business or business entity that has entered into any Contract, subcontract or arrangement with the City. Upon execution of this Contract and during its term, as appropriate, the Contractor shall disclose in writing to the City, any other Contract or employment during the term of this Contract by any other persons, business or corporation in which employment will or may likely develop a conflict of interest between the City interest and the interests of the third parties.
12.10 Copyrights.No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Contractor. All documents become the property of the City who holds all the rights to said data.
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12.11 Confidentiality of Reports.The Contractor shall keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder. Such information shall not be made available to any person, firm, corporation or entity without the prior written consent of the City.
12.12 Employees of Contractor.The City does not and will not condone any act, gestures, comments or conduct from the Contractor’s employees, agents or subcontractors which may be construed as sexual harassment or any other type of activity or behavior that might be construed as harassment. The Contractor will properly investigate all charges of harassment by residents, employees, agents or subcontractors and is responsible for taking appropriate action after reports of harassment are received by the Contractor.
12.13 Patent Rights.The City will hold all the patent rights with respect to any discovery or invention which arises or is developed in the course of, or under this Contractor.
12.14 Waivers.A waiver by either party to this Agreement of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
12.15 Federal and State Withholding Taxes.Contractor shall be responsible for paying when due all federal and state income withholding taxes for all earning under this Agreement.
Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision.
12.16 Entire Agreement.The Contract Documents represent the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. The Contract Documents may be amended or modified only by Change Order. Nothing contained in the Contract Documents shall be for the benefit of, create any contractual relationship with, or give rise to a cause of action in favor of any third party.
12.17 Execution Authority.The person(s) executing this Agreement on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said party is bound.
13.0 NOTICES
13.1 Delivery. All notices, demands or requests to be given under this Agreement shall be given in writing and conclusively shall be deemed received when: (a) delivered personally, or (b) on the fifth (5 th) day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided, or (c) one (1) business day after send by facsimile transmission.
13.2 Addresses.All notices, demands, requests or approvals from Contractor to City shall be addressed to the City at:
City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Director, Public Works Department
(310) 605-5505
(310) 605-6326 – Fax
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with copies to:
City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
All notices, demands or requests from City to Contractor shall be addressed to:
All American Asphalt
400 East Sixth Street
Corona, California 92879
Attn: Mark Luer, President
(951) 736-7600
(951) 736-7646 - Fax
13.3 Change in Address.In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may amend, supplement and update the notice list to add, delete or replace any listed individuals; however, the amendment must be in writing.
IN WITNESS WHEREOF, Contractor has executed this Agreement and the City, by its City Manager, who is authorized to do so, has executed this Agreement.
ALL AMERICAN ASPHALT
CONTRACTOR
Dated: ________________ By ____________________________________ Mark Luer, President
CITY OF COMPTON
Approved by:
Dated: ________________ By ____________________________________ Thomas Thomas, City Manager
Approved as to form:
By ______________________________________ Dated: ____________________ Eric J. Perrodin, City Attorney
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ATTEST:
Dated: _________________ By ____________________________________ Alita Godwin, City Clerk
June 14, 2022
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A 3-YEAR
PROFESSIONAL SERVICES AGREEMENT WITH AND ISSUE A
PURCHASE ORDER FOR NV5, INC. FOR ON-CALL CIVIL AND
TRAFFIC ENGINEERING SERVICES IN THE AMOUNT OF $500,000
ANNUALLY
SUMMARY
Adoption of this resolution will authorize the City Manager to enter into a 3-year professional services agreements with and issue a purchase order for NV5 Inc. for On- Call Civil and Traffic Engineering Services in the amount of $500,000 annually.
BACKGROUND
Traffic Engineering
The City’s Public Works Engineering Department (“Department”) is responsible for the Traffic Engineering duties for the City. The purpose is to maintain safe and efficient traffic management and circulation and to make enhancements when necessary. Traffic Engineering includes items related to vehicles, bicycles, pedestrians, traffic signals, signs, colored curb markings, pavement markings and striping as well as on-street parking for all City streets.
Plan Check
The department is also responsible for Plan Check services which includes plan reviews (new development and grading plans) that pertain to Traffic Engineering items such as but not limited to: signing and striping, driveway layouts, ADA compliance including ADA ramps, street lights, traffic signals, and parking lot layouts. Review improvement plans submitted for conformance to Conditions of Approval, for compliance with the Tentative Tract Maps filed and approved, and for compliance with the City engineering standards.
Also to provide third-party study reviews as required.
Due to the voluminous nature of the projects and assignments and the insufficient number of personnel for certain services and projects, the yearly number of essential capital improvement projects in both civil and traffic engineering exceeds staff capacity.
Therefore, the Department desires to employ the expertise of a qualified engineering firm to perform and complete these tasks in an expeditious manner.
11.11.11.11.11. Staff Report - On-Call Civil and Traffic Engineering Services- NV5, Inc.
June 14, 2022
STATEMENT OF THE ISSUE
On February 16, 2022, the City solicited Request for Proposals (“RFP”) for On-Call Civil and Traffic Engineering Services from qualified engineering firms to provide various plan check services for the Public Works Engineering Department for three fiscal years from 2022 through 2025, with two-one year extension options.
On March 16, 2022, the City received six proposals and ranked the top three firms follows:
Rank Firm Location
1 NV5, Inc Irvine, CA
2 Transtech Chino Hills, CA
3 Interwest Irvine, CA
The criteria for evaluating the proposals include, but were not limited to the followings:
completeness of proposal, consultant’s demonstrated understanding of the Scope of Services, Firm’s and key project team members experience in performing similar work for the public sector with exceptional tracking and record-keeping capability, firm’s and key project team member’s record in accomplishing work assignments, the resources to meet a compressed time schedule and fee required to perform the requested specific services, and schedule of work.
After careful consideration, it was determined that the proposal submitted by NV5, Inc. was the most qualified and responsive firm to provide On-Call Civil and Traffic Engineering Services.
NV5, Inc. has been providing engineering and consulting services in the public and private sectors for more than 70 years, delivering solutions through six business verticals: Testing, Inspection and Consulting; Infrastructure; Utility Services; Environmental Health Sciences; Buildings and Program Management; and Geospatial Technology.
NV5, Inc. Irvine office specializes in the engineering design, construction management and inspection of capital improvement projects, including streets, traffic systems, water and wastewater systems, drainage and fold control, parks and recreational facilities, vertical construction, and landscaping and grading.
NV5, Inc. team includes licensed civil engineers, license contractors, construction managers, certified inspectors and experienced public works professionals. Their team members have extensive experience working within the structure of municipal government and public construction policy and will seamlessly integrate with the City’s team.
Staff Report - On-Call Civil and Traffic Engineering Services- NV5, Inc.
June 14, 2022
The firm has been providing services in Los Angeles County, including the City of Compton for many years. The firm was determined to be the most responsive consultants and demonstrated a high degree of technical proficiency combined with an understanding of the community and project needs. Their staff, many of whom have experience as former public agency staff and management, understand the uniqueness of public agency needs and issues, are experienced and qualified to provide the expertise needed to perform the tasks of the projects in both civil and traffic engineering.
Their fee schedules to provide the needed services are reasonable in regard to the consulting industry. The services will be provided on an “as needed” basis in accordance with the professional services agreement.
Therefore, in order to authorize the City Manager to enter into a 3-year professional services agreements with and issue purchase orders to NV5, Inc. for On-Call Civil and Traffic Engineering Services in the amount of $500,000, City Council’s authorization is necessary.
FINANCIAL IMPACT
Funds in the amount of $500,000 will be available in the City’s FY 2022-2023 budget in Account No. 1001-710-000-4262. Funds in the amount of $500,000 for the remaining years including the two one-year extension options will be available in future approved City budgets.
ALTERNATIVE
There is no alternative recommended at this time. The City is need of qualified engineering firms to provide On-Call Civil and Traffic Engineering Services.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution.
JOHN D. STRICKLAND, JR., PROJECT MANAGER
PUBLIC WORKS ENGINEERING DEPARTMENT
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A 3-YEAR
PROFESSIONAL SERVICES AGREEMENT WITH AND ISSUE A PURCHASE ORDER FOR NV5, INC. FOR ON-CALL CIVIL AND TRAFFIC ENGINEERING SERVICES IN THE AMOUNT OF $500,000 ANNUALLY
WHEREAS,the City’s Public Works Engineering Department (“Department”) is responsible for the Traffic Engineering duties for the City; and WHEREAS,the purpose is to maintain safe and efficient traffic management and circulation and to make enhancements when necessary; and WHEREAS,traffic Engineering includes items related to vehicles, bicycles, pedestrians, traffic signals, signs, colored curb markings, pavement markings and striping as well as on-street parking for all City streets; and
WHEREAS,the department is also responsible for Plan Check services which includes plan reviews (new development and grading plans) that pertain to Traffic Engineering items such as but not limited to: signing and striping, driveway layouts, ADA compliance including ADA ramps, street lights, traffic signals, and parking lot layouts; and WHEREAS,review improvement plans submitted for conformance to Conditions of Approval, for compliance with the Tentative Tract Maps filed and approved, and for compliance with the City engineering standards and also to provide third-party study reviews as required; and
WHEREAS,due to the voluminous nature of the projects and assignments and the insufficient number of personnel for certain services and projects, the yearly number of essential capital improvement projects in both civil and traffic engineering exceeds staff capacity; and
WHEREAS,the Department desires to employ the expertise of a qualified engineering firm to perform and complete these tasks in an expeditious manner; and WHEREAS,on February 16, 2022, the City solicited Request for Proposals (“RFP”) for On-Call Civil and Traffic Engineering Services from qualified engineering firms to provide various plan check services for the Public Works Engineering Department for three fiscal years from 2022 through 2025, with two-one year extension options; and WHEREAS,on March 16, 2022, the City received six proposals and ranked the top three firms follows:
Rank Firm Location
1 NV5, Inc. Irvine, CA
2 Transtech Chino Hills, CA
3 Interwest Irvine, CA; and
WHEREAS,the criteria for evaluating the proposals include, but were not limited to the followings: completeness of proposal, consultant’s demonstrated understanding of the Scope of Services, Firm’s and key project team members experience in performing similar work for the public sector with exceptional tracking and record-keeping capability, firm’s and key project team member’s record in accomplishing work assignments, the resources to meet a compressed time schedule and fee required to perform the requested specific services, and schedule of work; and
WHEREAS,after careful consideration, it was determined that the proposal submitted by NV5, Inc. was the most qualified and responsive firm to provide On-Call Civil and Traffic Engineering Services; and
RESOLUTION NO. _______________