Agenda packet — Compton City Council, October 11, 2022

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
10/11/2022
5:30 PM

OPENING

MOMENT OF SILENCE

PLEDGE OF ALLEGIANCE

ROLL CALL

INTRODUCTION OF SPECIAL GUESTS

1. LEGISLATIVE UPDATE - Senator Steve Bradford

COMMENDATORY RESOLUTIONS/PRESENTATIONS

2. COMMENDATORY PRESENTATION - CHARLES "CHARLIE" COLEMAN - COMPTON FIRE DEPARTMENT VOLUNTEER (Councilwoman Lillie Darden)

PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
-2- City Council Agenda
10/11/2022 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.

CITY FIRE DEPARTMENT

3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL

SERVICES AGREEMENT AND ESTABLISH A PURCHASE ORDER FOR
KELSEY WILHELM, M.D. FOR SERVICES AS MEDICAL DIRECTOR OF

EMERGENCY MEDICAL SERVICES FOR THE CITY OF COMPTON FIRE DEPARTMENT ($39,850.00)

HUMAN RESOURCES

4. A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF COMPTON

APPROVING AN AMENDENT TO THE POSITION CLASSIFICATION PLAN BY

ADOPTING SPECIFICATIONS FOR THE POSITION OF FINANCIAL ANALYST

AND COMMUNITY DEVELOPMENT DIRECTOR AND ESTABLISHING THE

SALARY FOR COMMUNITY DEVELOPMENT DIRECTOR

5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON FIXING

THE EMPLOYER CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND

HOSPITAL CARE ACT

REGULAR AGENDA

REPORTS OF OFFICERS, BOARDS, COMMISSIONS AND COMMITTEES AND

CITY COUNCIL

6. REMOVAL OF OFFICERS, COUNCIL MEMBERS, BOARDS/COMMISSIONS AND

COMMITTEES

7. APPOINTMENT(S) OF OFFICERS, COUNCIL MEMBERS,

BOARDS/COMMISSIONS AND COMMITTEES

COMPTON TAXPAYERS (MEASURE P)

CITY MANAGER'S REPORT

8. CHRISTMAS PARADE UPDATE - Kimberly McKenzie
-3- City Council Agenda
10/11/2022 5:30 PM

NEW BUSINESS

9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO DEDICATE A CLASSROOM AT COMPTON FIRE STATION ONE IN HONOR OF CHARLES E. COLEMAN

10. 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 BIGGS CARDOSA ASSOCIATES, INC. STRUCTURAL ENGINEERS TO

PROVIDE PROFESSIONAL DESIGN ENGINEERING SERVICES FOR THE ARTESIA BRIDGE ($271,878)

COUNCIL COMMENTS

ADJOURNMENT
NEXT REGULAR MEETING: 10/18/2022 @ 5:30 PM
Visit our website at http://www.comptoncity.org
October 11, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: FIRE DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO A

PROFESSIONAL SERVICES AGREEMENT AND ESTABLISH A
PURCHASE ORDER FOR KELSEY WILHELM, M.D. FOR SERVICES

AS MEDICAL DIRECTOR OF EMERGENCY MEDICAL SERVICES FOR
THE CITY OF COMPTON FIRE DEPARTMENT ($39,850.00)

SUMMARY
Adoption of this resolution will authorize the City Manager to enter into a twelve (12) month (July 1, 2022 through June 30, 2023) professional services agreement with Kelsey Wilhelm, M.D., to provide consultation services as Medical Director of Emergency Medical Services for the City of Compton Fire Department (“Department”) and establish a purchase order in the amount of Thirty Nine Thousand Dollars ($39,850.00) for services rendered during the Fiscal Year 2022-2023 budget using account number 1001-690-000-4269.

BACKGROUND
The Department’s paramedics administer narcotics during the course of their duties, thus, the City is required to have a medical doctor under contract to oversee the drug log, the purchasing of required medication carried on the paramedic units, inventory, proper usage and distribution, and compliance with regulations of the Los Angeles County Department of Health Services.

STATEMENT OF ISSUE
The Department received one (1) proposal in response to the RFP that closed on May 9, 2022 to provide needed professional consultation services as the Department’s Medical Director of Emergency Medical Services. She represents that she is a licensed medical practitioner, in good standing, specifically trained, experienced, competent, and has the resources to provide such services which is required by the Los Angeles County Department of Health.

Staff Report – Resolution Authorizing Professional Services

3.3.3.3. Agreement as Medical Services Director/Dr. Kelsey Wilhelm October 11, 2022

Page 2 ends

In accessing the urgency of the Department’s need for having a medical doctor’s services available now, it is in the best interest of the Department to utilized the services of Dr. Wilhelm.

ALTERNATIVE
Without employing the services of a medical practitioner to provide the needed consultant services, the Department will be required to cease operation of the paramedic program.

FISCAL IMPACT
Funds in the amount of $39,850.00 are available in the Fire Departments 2022-2023 Fiscal Year’s budget in Account No. 1001-690-000-4269. .

RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution.

RONERICK SIMPSON, FIRE CHIEF

COMPTON FIRE 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 AND ESTABLISH A PURCHASE ORDER FOR
KELSEY WILHELM, M.D. FOR SERVICES AS MEDICAL DIRECTOR OF

EMERGENCY MEDICAL SERVICES FOR THE CITY OF COMPTON FIRE DEPARTMENT ($39,850.00)
WHEREAS, the Compton Fire Department’s paramedics administer narcotics during the course of their duties, thus, the City is required to have a medical doctor under contract to oversee the drug log, including the purchasing of required medication carried on the paramedic units, inventory, proper usage and distribution, and compliance with regulations of the Los Angeles County Department of Health Services; and
WHEREAS, the Department does not have the qualified and experienced staff to perform these functions, thus the department must hire a qualified and experienced Medical Director for services; and

WHEREAS, the Fire Department solicited an RFP for providing the needed consultation services as the Department’s Medical Director of Emergency Medical Services. Only one proposal was received; and
WHEREAS, in accessing the urgency of the Department’s need for having a medical doctor’s services available now, it is in the best interest of the Department and the City to retain the services of Dr. Kelsey Wilhelm M.D. due to the fact that without a Medical Director the Department will be required to cease operation of the paramedic program; and
WHEREAS, adequate funds for this expenditure are allocated in Fire Departments 2022-2023 Fiscal Year budget.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1.That the City Manager, upon approval of the City Attorney is hereby authorized to enter into a professional services agreement with Kelsey Wilhelm, M.D. for providing consultation services as the Medical Director of the Fire Department’s Emergency Medical Services for a period of eighteen (12) months (July 1, 2022 through June 30, 2023).

SECTION 2.That a purchase order in the amount of $39,850.00 be established for Kelsey Wilhelm, M.D. for services performed during Fiscal Year 2022-2023.

SECTION 3.That funds in the amount of $39,850.00 are available in the Fire Department’s 2022-2023 Fiscal Year budget using Account No. 1001-690-000-4269.

SECTION 4.That copies of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and the Fire Department.

SECTION 5.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.

Resolution No. ________

Page 2 ends

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

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

CITY OF COMPTON
AND
KELSEY WILHELM, M.D.

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 Kelsey Wilhelm, M.D. (hereinafter referred to as “CONSULTANT” or “MEDICAL DIRECTOR”), located at

RECITALS:

WHEREAS, the Compton Fire Department’s paramedics administer narcotics during the course of their duties, thus, the City has identified the need for employing a medical doctor under contract to oversee the drug log, including the purchasing of required medication carried on the paramedic units, inventory, proper usage and distribution, and compliance with regulations of the Los Angeles County Department of Health Services and the State of California; and
WHEREAS, Consultant (Kelsey Wilhelm, M.D.) represents that she is a licensed medical practitioner, in good standing, specifically trained, experienced, competent, and has the resources to provide such services which will be required by this Agreement; and WHEREAS, by Resolution No. __________, adopted on the ____ of __________ 2022, the City Council authorized the City Manager to enter into a twelve (12) month (July 1, 2022 through June 30, 2023) professional services agreement with Kelsey Wilhelm M.D. 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:

AGREEMENT:

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 consultation services as Medical Director for the City of Compton Fire Department (“Department”), as more particularly detailed in the “Scope of Services,” which is attached hereto, identified as Attachment A, and incorporated herein.

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 his own cost and expense (except as otherwise expressly agreed to be furnished by the City), necessary to complete said services in a manner consistent with that degree of care and skill ordinarily exercised by Professional Services Agreement – Kelsey Wilhelm M.D.
(Consultant Medical Director)
Resolution No. ______
2 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, workmanlike 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 his 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 Consultant determines that are necessary, if any, to perform the services required by this Agreement. All of Consultant's staff will be qualified by training and experience to perform their assigned tasks.

Consultant will give his personal attention to the fulfillment of the provisions of this Agreement by all of his employees and subconsultants, if any, and will keep the services under his control.

On demand of City, if any employee or subconsultant 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 the services rendered pursuant to this Agreement.

Kelsey Wilhelm M.D., shall be primarily responsible for performing the services required by this Agreement.

2. Duration of Contract.The parties agree that this Agreement shall commence effective July 1, 2022 and be effective through June 30, 2023, unless terminated earlier.

3. Compensation.The method of payment for the services rendered will be based on a fee-for-services basis, billable at a rate of One Hundred Dollars ($100.00) per hour. It is understood and agreed between the parties that the maximum compensation payable for the services to be provided by the Consultant shall be limited not-to-exceed the amount of Thirty- Nine Thousand Eight Hundred and Fifty Dollars ($39,850.00) during the period of July 1, 2022 through June 31, 2023.

The total sum 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 services. In the instance of a change in the scope of services, adjustment to the compensation may be negotiated between the Consultant and the City. Adjustment in the compensation will not be effective until authorized and approved by contract amendment.

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, for the undisputed reasonable value of services performed, 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.

Professional Services Agreement – Kelsey Wilhelm M.D.
(Consultant Medical Director)
Resolution No. ______
3 Invoices shall detail the work performed on each task as applicable. Invoices shall be delivered or mailed to the Fire Chief of the Compton Fire Department at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.

Unless there is a dispute as to the validity of the services and/or charges submitted, if the City fails to compensate Consultant for the invoiced amount within at least thirty-seven (37) days after receipt of the itemized invoice, then the Consultant may upon five (5) days written notice to the City, cease performing the services for the City until the amount outstanding and due has been received by the Consultant.

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 noncancellable 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 his agents, employees, and subconsultants 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 his agents, employees and subconsultants 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 Consultant Status.Consultant, her employees, subconsultants, subconsultants, agents and volunteers (collectively hereinafter the “Consultant”), will perform the services in Consultant's own way and pursuant to this Agreement as an independent Consultant 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 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.

Professional Services Agreement – Kelsey Wilhelm M.D.
(Consultant Medical Director)
Resolution No. ______
4 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 his agents, employees or subconsultants. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or his employees or subconsultants. 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 which City may be required to make on behalf of Consultant or any agent, employee, or Consultant 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 subconsultants 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 agreed to by the City, Consultant will not subcontract any portion of the services without prior written approval of Fire Chief. If Consultant subcontracts any of the services, Consultant will be fully responsible to City for the acts, errors and omissions of Consultant's subconsultant and of the persons either directly or indirectly employed by the subconsultant, 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 subconsultant of Consultant and City. Consultant will be responsible for payment of subconsultants. Consultant will bind every subconsultant and every subconsultant of a subconsultant by the terms of this Agreement Professional Services Agreement – Kelsey Wilhelm M.D.
(Consultant Medical Director)
Resolution No. ______
5 applicable to Consultant's work unless specifically noted to the contrary in the subcontract and approved in writing by City.

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, his officers, employees, subconsultants 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 subconsultants. 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 Risk Manager or 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.

Professional Services Agreement – Kelsey Wilhelm M.D.
(Consultant Medical Director)
Resolution No. ______
6 11.2 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.

11.3 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.

Endorsements. For Commercial General 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 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, including, but not limited to strict Professional Services Agreement – Kelsey Wilhelm M.D.
(Consultant Medical Director)
Resolution No. ______
7 compliance with the California Confidentiality of Medical Information Act and the Health Insurance Portability and Privacy Act and any regulations promulgated thereunder.

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 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.

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 Professional Services Agreement – Kelsey Wilhelm M.D.
(Consultant Medical Director)
Resolution No. ______
8 Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.

19. 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.

20. 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.

21. 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 which 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.

22. 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.

23. 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.

24. 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.

25. 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-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.

Professional Services Agreement – Kelsey Wilhelm M.D.
(Consultant Medical Director)
Resolution No. ______
9 26. Notices.Any notices required or permitted under this Agreement shall be effective when delivered in person; and effective one (1) business day after delivery by facsimile transmission; and effective five (5) days after mailing by U.S. Mail, postage prepaid and properly addressed as follows:

To Consultant: Kelsey Wilhelm M.D
2787 E. 15th Street
Long Beach, CA 90804
402-690-5344
[email protected]
To City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Fire Chief, Compton Fire Department
(310) 605-5670
(310) 632-8414 – 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.

27. 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.

Kelsey Wilhelm M.D

CONSULTANT/COORDINATOR
Dated: _ By ___________________________________ Kelsey Wilhelm M.D.

Professional Services Agreement – Kelsey Wilhelm M.D.
(Consultant Medical Director)
Resolution No. ______
10 CITY OF COMPTON
Recommended for Approval:

By __________________________________ Dated: ______________ Ronerick Simpson, Fire Chief
Approved by:

Dated: _______________ By _________________________________ Thomas Thomas, City Manager
Approved as to form:

By _________________________________ Dated: ______________ Eric Perrodin, City Attorney
ATTEST:

Dated: _______________ By __________________________________ Alita Godwin, City Clerk
Professional Services Agreement – Kelsey Wilhelm M.D.
(Consultant Medical Director)
Resolution No. ______
11 “ATTACHMENT A”
Professional Services Agreement – Kelsey Wilhelm M.D. (Consultant) Medical Director of Compton Fire
Compton Fire Department Emergency Medical Services
Scope of Services Provided by Consultant:

1.Consultant’s services shall be provided subject to the approval of the Fire Chief of the Compton Fire Department (“Department”).

2.Consultant is required to develop and maintain a positive and effective working relationship with the Compton Fire Department Emergency Medical Services (“EMS”) Coordinator, Nurse Educator and Training Chief and shall monitor the medical training programs, including the content and program delivery and analyze and report upon its effectiveness in the community.

3.Consultant shall supervise and evaluate the implementation of an EMS Quality Improvement and Assurance Program for the Fire Department’s EMT-P. EMT-B and EMT-D personnel and any specific pilot programs identified and designated by Los Angeles County Department of Health.

4.Consultant shall provide consultant liaison services between the Compton Fire Department and the emergency medical community, including, but limited to local hospitals, the Los Angeles County Department of Health and other EMS agencies and colleagues.

5.Consultant shall provide oversight services in the procurement of pharmacological agents and controlled substances/devices.

6. Consultant shall provide advisory services to the Fire Chief and/or his designee on matters of medical services, as required. Such services may include, but not be limited to advice on physical fitness programs for firefighters, reviewing injuries and accidents, safety orders and procedures.

7. Consultant shall provide such reports and records to the Fire Chief as will permit an effective and comparable evaluation of the programs and services describe herein.

8. Consultant shall provide professional advice and assistance to the Fire Department relating to oversight responsibilities for the Automatic External Defibrillators (“AED”) installed in public locations and City facilities within the City of Compton. Assistance from Consultant shall include oversight and direction regarding the development and implementation of an Internal Emergency Response System, as required by state law, in conjunction with the installation of the AED’s. Also, assisting the Department and City with ensuring compliance with state regulations and requirements for AED’s, including training, notification and maintenance.

October 11, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

APPROVING AN AMENDMENT TO THE POSITION CLASSIFICATION

PLAN BY ADOPTING CLASSIFICATION SPECIFICATIONS FOR THE

POSITION OF FINANCIAL ANALYST AND COMMUNITY

DEVELOPMENT DIRECTOR AND ESTABLISHING THE SALARY FOR

COMMUNITY DEVELOPMENT DIRECTOR

SUMMARY
The City Council will consider a resolution amending the Position Classification Plan to amend the position of Financial Analyst and creating a new position of Community Development Director and establishing the salary for the Community Development Director classification.

BACKGROUND
The City Manager authorized a review of the City’s current Position Classification Plan to amend the position of Financial Analyst and create a new position, Community Development Director.

On June 22, 2022, the City and representatives of the applicable employee bargaining union, AFSCME 2325 met, conferred and agreed to amend the Position Classification Plan to include the amended classification of Financial Analyst, on July 14, 2022, and on July 21, 2022 the City met and conferred with members of AFSCME 2325 to include the new Classification of Community Development Director.

After conducting a properly noticed public hearing pursuant to the provisions of Sections 1010 and 1103 of the Compton City Charter on August 08, 2022, the Personnel Board approved amendment to the classification plan to include the amended classification specifications of Financial Analyst and the new classification specification of Community Development Director and recommended approval and adoption thereof to the City Council on August 18, 2022.

STATEMENT OF ISSUE
After review, staff has determined that in order to better classify the positions according to authority, duties and responsibilities and to meet the current departmental needs, it is necessary to amend the Classification Plan by amending the classifications of Financial

4.4.4. Analyst and adding a new classification specification for Community Development Director. These revisions will update the existing Classification Plan.

FISCAL IMPACT
The City and Union have agreed that the Salary for the Community Development Director shall be set at Range 221, and salaries for the above new classifications are included in the City’s 2022-2023 adopted Fiscal Year budget; therefore, no anticipated fiscal impact will result from approving this requested action.

RECOMMENDATION
It is recommended that the proposed resolution be adopted by the City Council.

THOMAS THOMAS

CITY MANAGER
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

APPROVING AN AMENDMENT TO THE POSITION CLASSIFICATION

PLAN BY ADOPTING CLASSIFICATION SPECIFICATIONS FOR THE

POSITION FINANCIAL ANALYST AND COMMUNITY DEVELOPMENT

DIRECTOR AND ESTABLISHING THE SALARY FOR COMMUNITY

DEVELOPMENT DIRECTOR
WHEREAS, the City Manager authorized a review of the City’s Position Classification Plan to amend the position of Financial Analyst and Community Development Director; and
WHEREAS, on June 22, 2022, the City and representative(s) of the applicable employee bargaining union, AFSCME 2325 met, conferred and agreed to amend the Position Classification Plan to include the amended classification of Financial Analyst, on July 14, 2022, and on July 21, 2022 the City met and conferred with members of AFSCME 2325 to include the new Classification of Community Development Director; and WHEREAS, after conducting a properly noticed public hearing pursuant to the provisions of Sections 1010 and 1103 of the Compton City Charter on August 08, 2022, the Personnel Board approved amendment to the classification plan to include the amended classification specifications of Financial Analyst and the new classification specification of Community Development Director and recommended approval and adoption thereof to the City Council on August 18, 2022; and WHEREAS, after review, staff has determined that in order to better classify the positions according to authority, duties and responsibilities and to meet the current departmental needs, it is necessary to amend the Classification Plan by amending the classification of Financial Analyst and adding a new classification specification for Community Development Director;
WHEREAS, the City and Union have agreed that the Salary for the Community Development Director shall be set a Range 221 and salaries for the above new classifications are included in the City’s 2022-2023 adopted Fiscal Year budget; therefore, no anticipated fiscal impact will result from approving this resolution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:

Section 1.That the proposed classification plan includes the amended classification specifications of Financial Analyst and the new classification of Community Development Director are hereby approved and the Position Classification Plan of the City of Compton is hereby amended.

Section 2.The salary for the Community Development Director is set at Range 221 and the salaries for the above new classifications are included in the City’s 2022- 2023 adopted Fiscal Year budget; therefore, no anticipated fiscal impact will result from approving this resolution.

Section 3. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Attorney, Human Resources, City Manager, the City Controller.

Section 4.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.

ADOPTED this ______ day of _____________, 2022.

Resolution No. _______________

Page 2 ends

_______________________________

MAYOR OF THE CITY OF COMPTON
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 Resolution 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 ________________, 2022.

That said Resolution was adopted by the following vote, to wit:

AYES: COUNCILMEMBERS-
NOES: COUNCILMEMBERS-
ABSTAIN: COUNCILMEMBERS-
ABSENT: COUNCILMEMBERS-
___________ ___

CITY CLERK OF THE CITY OF COMPTON

October 11, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

FIXING THE EMPLOYER CONTRIBUTION AT AN EQUAL AMOUNT

FOR EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC
EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT

SUMMARY
Adoption of the attached resolution will fix the City of Compton’s monthly health insurance contribution rate for current City employees and annuitants at the amount of One Thousand Nine Hundred and Sixty-Two Dollars and Six Cents ($1,962.06, effective as of January 1, 2023).

BACKGROUND
Pursuant to Section 22920 of the California Government Code, the City of Compton is a contracting agency of the California Public Employees Retirement System (“CalPERS”) and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”).

Government Code Section 22892(a) provides that a contracting agency subject to Act shall fix the amount of the employer contribution by resolution. Additionally, Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act.

STATEMENT OF ISSUE
The Board of Administration of CalPERS adopted changes to the monthly premium rates and benefits that increase the City’s maximum monthly contribution rate effective January 1, 2023, (Kaiser full-family rate, Los Angeles Area Region) from $1,871.43 to $1,962.06 (see attached “CalPERS 2022 Monthly Premiums for Contracting Agencies”).

The City is required to notify the Health Benefits Division of CalPERS of the City’s rates of contribution for health insurance on behalf of all employees. This action is required so that the appropriate deduction can be made for employees, retirees and/or annuitants.

The new contribution rate for all employee groups/organizations, unrepresented employees and retirees will be reported by resolution as follows:

5.5.5. Staff Report – Resolution Establish/Increase CalPERS Monthly Contribution Rates/Health Insurance
October 11, 2022 Page 2
Code Employment Category Maximum Monthly
Contribution Rate
002 Compton Firefighters $1,962.06
004 Management $1,962.06
011 Police Lieutenants $1,962.06
012 Police Officers $1,962.06
013 Emergency Dispatchers $1,962.06
014 Police Captains $1,962.06
015 Non-Supervisory $1,962.06
017 Maintenance & Trades $1,962.06
018 Public Safety Auxiliary $1,962.06
019 Unrepresented Employees $1,962.06
While all the employee organizations identified-above are not currently active in the City, for reporting purposes, CalPERS prefers that the categories remain the same because City has retirees who are still listed in these categories. The new contribution rates are effective as of January 1, 2023, pursuant to Section 22892 of the Government Code.

FISCAL IMPACT
There is an average 9.54% overall premium increase in the rate which determines the City’s contribution towards health insurance. Funds for this increase were included in the FY 2022-2023 Budget.

RECOMMENDATION
It is recommended that the attached Resolution be adopted by the City Council.

THOMAS THOMAS

CITY MANAGER
RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON FIXING

THE EMPLOYER CONTRIBUTION AT AN EQUAL AMOUNT FOR
EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES’

MEDICAL AND HOSPITAL CARE ACT
WHEREAS, pursuant to Section 22920 of the California Government Code, the City of Compton is a contracting agency of the California Public Employees Retirement System (“CalPERS”) and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”); and
WHEREAS, Government Code Section 22892(a) provides that a contracting agency subject to Act shall fix the amount of the employer contribution by resolution.

Additionally, Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; and WHEREAS, the Board of Administration of CalPERS adopted changes to the monthly premium rates and benefits that will increase the City’s maximum monthly contribution rate effective January 1, 2023 (Kaiser full-family rate, Los Angeles Area Region 3) from $1,871.43 to $1,962.06 (see attached “CalPERS 2023 Monthly Premiums for Contracting Agencies”); and
WHEREAS, the City is required to notify the Health Benefits Division of CalPERS of the City’s rates of contribution for health insurance on behalf of all employees so that the appropriate deduction can be made for employees, retirees and/or annuitants; and WHEREAS, the City of Compton desires to continue providing for its employees, retirees and/or annuitants the benefit of the Act and to accept the liabilities and obligation of an employer under the Act and regulations; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:

Section 1.That the employer contribution for each employee and annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of his/her family members, in a health benefits plan up to a maximum of:
*Plus administrative fees and Contingency Reserve Fund assessments.

Section 2.That the City of Compton has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above.

Medical Group Monthly Employer
Contribution*
002 Firefighters $1962.06
004 Management $1962.06
011 Police Lieutenants $1962.06
012 Police Officers $1962.06
013 Emergency Dispatchers $1962.06
014 Police Captains $1962.06
015 Non-Supervisory $1962.06
017 Maintenance & Trades $1962.06
018 Public Safety Auxiliary $1962.06
019 Unrepresented Employees $1962.06
Resolution No. ___________

Page 2 ends

Section 3.That the participation of the employees and annuitants of City of Compton shall be subject to determination of its status as an “agency or instrumentality of the state or political subdivision of a State” that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that City of Compton would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer.

Section 4. That the City Council appoints and directs, and it does hereby appoint and elect, the City Manger to file with the Board of Administration of the California Public Employees Retirement System, a verified copy of this Resolution, and to perform on behalf of the City of Compton, all functions required of it under the Act and regulations of the Board of Administration.

Section 5.That the new contribution rate will become effective January 1, 2023.

Section 6.That a duly certified copy of this Resolution shall be filed in the offices of the City Manager, City Controller and the Human Resources 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:

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

October 11, 2022
TO: MAYOR AND CITY COUNCIL
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO DEDICATE A CLASSROOM
AT COMPTON FIRE STATION ONE IN HONOR OF CHARLES E.

COLEMAN

SUMMARY
Councilwoman Lillie Darden has requested that a resolution be brought forth for the City Council’s consideration and approval that will authorize the naming of a classroom at Fire Station One in honor of Mr. Charlie Coleman.

BACKGROUND
On June 10, 2014, the City Council adopted Resolution No. 23,958, which established the “City of Compton Policy Governing the naming of City Owned Facilities and Land” (a copy of the Policy is attached). This policy outlines all of the necessary elements and steps of the policy and determines that the City Council shall authorize naming of City owned facilities and land after individuals who have made significant contributions to the Compton community.

The Compton Fire Department was established in 1901, with a small force of volunteer firefighters. In 1925, the department converted to professional status, hiring its first paid fire chief and five firefighters, supplementing its current staff of 20 volunteer firefighters.

Today the Fire Department has 84 sworn employees and five civilian employees. Its resources include four fire stations and nine front-line emergency vehicles comprised of four fire engines, one truck, two paramedic squads, and two basic life support transport ambulances.

In addition to emergency services, the Fire Department maintains the James Shern Fire Academy, partnering with Compton Community College to provide an accredited program of Firefighter Training; offers a Fire Explorer program for youth ages 14 to 21; provides public information and training in fire safety and disaster preparedness; and provides free blood pressure screening at all four fire stations.

STATEMENT OF ISSUE
Charles E. Coleman also known as Explorer Chief Coleman grew with in the City of Compton on the 400 block of Palmer St. Explorer Chief Coleman attended school in the City of Compton and graduated from Compton Senior High School, in which he is a valued Tarbabe alumnus. As a child, Coleman inspired to be a public servant whether it was to become a police officer, doctor or firemen he knew at a young child that he wanted to save lives. During one hot sunny day a one-year child was playing in the yard

9.9.9. and suddenly fell into the swimming pool where Coleman lived, Coleman witness all the commotion from the family in effort in trying to save the little girl.

Once 911 was called and the first responders showed up (note: In the early 70’s the Fire Department did not have paramedic services, so a nurse and doctor were also dispatched to the scene) several days had passed and Coleman was standing outside and noticed the same little girl playing around in the yard. But this time it was different, it was pure joy to see her again knowing that she had survived this horrific incident. At that moment, Coleman’s career aspirations were defined and he knew that he wanted to be a Compton Firefighter. He just witness the Compton Fire Department save a little girls life right in front of eyes which was a game changer for this young boy.

In 1972 chief Coleman reach the age of 14 and made the age requirement to join the Compton fire department fire scouts. During this time Coleman was one of the smallest fire scouts in the group and they did not have uniforms to fit him, not being denied his mother went to JC Penny which had a youth scout section and bought some forest green pants and shirt that matched the uniforms of the fire scouts for him to attend the program. In 1976 the Compton Fire Department fire scouts transitioned to the Compton Fire Department youth Fire Explorer Program. The Compton Fire Department youth explorer program is the 2nd post established in the Los Angeles County area with over 100 explorers who are now career firefighters, paramedics, engineers, captains, and chief officers throughout the nation.

To date, through the Compton Youth Fire Explorer program Chief Coleman has recruited, mentored, trained, and advised many of the current Compton Fire Department personnel including Fire Captain Reginald Donald, Fire Engineers Sam Harper, Jason Velez, and Michal Mente, Firefighter Paramedics Richard Earl, Anthony White, Daniel Salazar, and Navid Barragan, Firefighters Deonte McReynolds, and Paul Scott. These men are just a few of the names that have maturated through the Compton Youth Fire Explorer program and through the ranks of the Compton Fire Department.

FINANCIAL IMPACT
It is anticipated that there will be minimal impact to the General Fund. Appropriate designation signage will be installed at the subject area in an amount not to exceed Two Hundred Fifty Dollars ($250.00). Funds will be available in Account Number 1001-690- 000-4249.

RECOMMENDATION
No recommendation is offered by staff. Resolution presented for consideration and adoption pursuant to request of Councilperson Darden.

THOMAS THOMAS

CITY MANAGER
RESOLUTION NO. ____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO DEDICATE A CLASSROOM AT COMPTON FIRE STATION ONE IN HONOR OF CHARLES E. COLEMAN WHEREAS, On June 10, 2014, the City Council adopted Resolution No. 23,958, which established the “City of Compton Policy Governing the naming of City Owned Facilities and Land” (a copy of the Policy is attached). This policy outlines all of the necessary elements and steps of the policy and determines that the City Council shall authorize naming of City owned facilities and land after individuals who have made significant contributions to the Compton community; and WHEREAS, the Compton Fire Department was established in 1901, with a small force of volunteer firefighters. In 1925, the department converted to professional status, hiring its first paid fire chief and five firefighters, supplementing its current staff of 20 volunteer firefighters; and .

WHEREAS, Charles E. Coleman also known as Explorer Chief Coleman grew within the City of Compton on the 400 Block of Palmer St. Explorer Chief Coleman attended school in the City of Compton and graduated from Compton Senior High School, in which he is a valued Tarbabe alumnus; and
WHEREAS, in 1972 Chief Coleman reach the age of 14 and made the age requirement to join the Compton Fire Department Fire Scouts. During this time Coleman was one of the smallest fire scouts in the group and they did not have uniforms to fit him, not being denied his mother went to JC Penny which had a youth scout section and bought some forest green pants and shirt that matched the uniforms of the fire scouts for him to attend the program; and
WHEREAS, in 1976 the Compton Fire Department Fire Scouts transitioned to the Compton Fire Department Youth Fire Explorer Program. The Compton Fire Department Youth Explorer Program is the 2nd P.O.S.T. established in the Los Angeles County area with over 100 explorers who are now career firefighters, paramedics, engineers, captains, and chief officers throughout the nation; and WHEREAS, to date, through the Compton Youth Fire Explorer program Chief Coleman has recruited, mentored, trained, and advised many of the current Compton Fire Department personnel including Fire Captain Reginald Donald, Fire Engineers Sam Harper, Jason Velez, and Michal Mente, Firefighter Paramedics Richard Earl, Anthony White, Daniel Salazar, and Navid Barragan, Firefighters Deonte McReynolds, and Paul Scott. These men are just a few of the names that have maturated through the Compton Youth Fire Explorer program and through the ranks of the Compton Fire Department; and
WHEREAS, the City Council wishes to honor Compton Youth Fire Explorer Chief Charlie Coleman, a dedicated Compton native, youth mentor, and volunteer with Compton Fire Department for over 40 years, for his contributions to the City of Compton. The Council wishes to honor Chief Coleman for being an example to the youth of Compton and the surrounding communities, by naming the classroom at Fire Station One after Mr. Charles E. Coleman affectively known as Explorer Chief Coleman.

Resolution No. _______

Page 2 ends

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1.That in pursuant to the “City of Compton Policy Governing the Naming of City Owned Facilities and Land”, the classroom at Compton Fire Station One shall be changed in honor of long time Compton Youth Explorer, Mr. Charles E.

Coleman affectively known as Explorer Chief Coleman.

SECTION 2.That funds for the designation signage shall not exceed Two Hundred Fifty Dollars ($250.00) in Account Number 1001-690-000-4249.

ADOPTED this _______ day of _____________, 2022.
________________________________

MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________

CITY CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA

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

October 11, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS ENGINEERING DEPARTMENT
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 BIGGS CARDOSA
ASSOCIATES, INC. STRUCTURAL ENGINEERS TO PROVIDE

PROFESSIONAL DESIGN ENGINEERING SERVICES FOR THE
ARTESIA BRIDGE ($271,878)

SUMMARY
Adoption of this resolution will authorize the City Manager to enter into a professional services agreement with and establish a purchase order for Biggs Cardosa Associates, Inc. Structural Engineers to provide professional design engineering services for the Artesia Bridge in the amount of Two Hundred Seventy One Thousand Eight Hundred Seventy Eight Dollars ($271,878).

BACKGROUND
The Artesia Boulevard Overhead (State Bridge No. 53C1744 and Los Angeles County Bridge No. 2446) carries Artesia Boulevard over the Alameda Railroad Corridor, Alameda Street and Compton Creek.

The bridge was constructed in 1956, is approximately 100 feet wide, and includes 10 spans of varying length for a total bridge length of 718’. The bridge superstructure is comprised of steel girders with a cast-in-place concrete deck.

As of the June 2019 Bridge Inspection Report, the bridge was flagged as Structurally Deficient with a Sufficiency Rating of 38 out of 100. On December 18, 2020, a fire damage was reported at Span 10, the eastern most span of the bridge.

Subsequently, the bridge was closed to traffic and inspected by the Los Angeles County Public Works and the City of Compton Public Works Department. The inspection concluded that the Steel girders exhibited significant distortion as a result of the fire. An April 2021 load rating analysis concluded that the structure’s remaining strength is sufficient to carry only the structure’s self-weight. Additional loads (vehicular and pedestrian traffic) are prohibited on the bridge because most of the steel girder members were severely deformed and connections had been compromised. Therefore, repairing the girders was not deemed feasible. The preferred repair solution was to replace Span 10.

10.10.10.10. Staff Report – Resolution Authorizing the City Manager to enter into an agreement with BCA for the Artesia Bridge
October 11, 2022

Page 2 of 8 ends

In April 2021, City staff solicited a proposal from a qualified structural engineering firm and on December 21, 2021, City Council authorized the City Manager to enter into a Professional Services Agreement with Biggs Cardosa Associates, Inc. to develop options for the City to consider regarding the Artesia Bridge overcrossing.

On April 22, 2022, Biggs Cardosa prepared a Repair Study Report that evaluated the feasibility and estimated costs of three alternative repair options as follows:

Steel Superstructure Replacement
Steel Superstructure is a replacement of in-kind concept with steel girders consisting of replacing the existing damaged structure with similar components as recommended in the initial Los Angeles County Public Works Report. An exact replacement of the existing structure was not possible because bridge design codes had changed since it was designed in the 1950s, and replicating the existing structure would not meet current Caltrans and American Association for State Highway Transportation Officials (AASHTO) requirements.

Concrete Superstructure Replacement
Concrete Superstructure Replacement consists of using precast/pre-stressed concrete members as a replacement for the existing steel girders. The benefit of concrete is a similar girder erection time as steel girders without the risk of the steel costs and lead times.

Page 3 of 8 ends

STATEMENT OF ISSUE
On June 26, 2022, Biggs Cardosa Associates, Inc. submitted a proposal to City staff recommending the preferred repair option of replacing the Span 10 superstructure with rolled steel beams at a cost of $2,555,000 and submitted a proposal to provide preliminary engineering services which includes preparing bid documents for the repair work and to obtain the environmental clearance and permits necessary to hire a contractor to perform construction services on the Artesia Bridge. The following sections describe the proposed scope of work as follows:

Project Management & Administration
Coordination & Meetings
Biggs Cardosa will meet with the City and Los Angeles County Department of Public Works (LACDPW) regularly throughout the design of the repair plans and specifications. Railroad coordination is anticipated due to the proximity of construction equipment with the potential to impact the tracks.

Assumptons:
The scope includes participation in up to six (6) meetings with the City, LACDPW, and/or the Railroad.
Railroad coordination is anticipated to include estimating costs for, and facilitate contacts with railroad flaggers. Flaggers are anticipated during construction operations with the potential to impact the tracks (e.g. cranes installing the new steel superstructure). This scope assumes that a Construction & Maintenance Agreement or similar will not be required with the railroad. Any railroad-related fees are assumed to be paid by the City, or included in contractor’s bids.
Public outreach meetings are not anticipated for this scope Deliverables:
Meeting Agendas & Minutes
Project Administration
Biggs Cardosa will prepare a baseline schedule for the repair design work, and will update the schedule throughout the progression of this scope. Monthly invoices and progress reports will be prepared.

Assumptions:
The scope assumes that the Term of the Agreement is six (6) months.

Deliverables:
Project Schedule
Monthly Invoices & Progress Reports
Staff Report – Resolution Authorizing the City Manager to enter into an agreement with BCA for the Artesia Bridge
October 11, 2022

Page 4 of 8 ends

Environmental
Biggs Cardosa will engage a subconsultant to prepare the necessary documentation required for the California Environmental Quality Act (CEQA).

Assumptions:
It is assumed that the repair work will not be federally funded, and compliance with the National Environmental Policy Act (NEPA) will therefore not be required.
Biggs Cardosa anticipates procuring an environmental subconsultant concurrent with the development of the draft plans, specifications, and estimates. The level of effort for the environmental scope can vary based on anticipated construction access areas, whether soil is disturbed, and other design developments. BCA’s fee proposal includes a placeholder for this scope based on their experience with similar projects. A formal scope of work will be submitted to the City with a request to add an environmental subconsultant once the impacts and required level of documentation are better understood. In general, we assume:
oA CEQA Categorical Exemption (CE) will be required.
oSupporting Technical Studies are likely to include a Biological Technical Memo and Hazardous Materials Screening Memo.
oBird/bat surveys will likely be required prior to construction. It assumed that permits from the Regional Water Quality Board and other regulatory agencies will not be required for the repair scope of work.

Deliverables:

CEQA CE
Technical Studies, as required
Plans, Specifications & Estimates (PS&E)
Biggs Cardosa will develop plans, specifications, construction cost estimates, structural calculations, and quantity calculations for the repair work.

Three milestone submittals are anticipated: Draft, Final, and Issued for Bid. Draft PS&E will undergo a cursory check. Final PS&E will incorporate independent check comments and City comments. Comments on the Final Submittal will be incorporated into an Issued for Bid Submittal that can be used for bidding purposes.

Plans
Biggs Cardosa will prepare plans for the repair work. Anticipated plans include:

General Plan
General Notes
Demolition Plan
Staff Report – Resolution Authorizing the City Manager to enter into an agreement with BCA for the Artesia Bridge
October 11, 2022

Page 5 of 8 ends

Superstructure Typical Section
Framing Plan
Girder Details
Barrier Details
Approach Slab Details
City CADD Standards may be used in the development of the plans. Otherwise, formatting will be based on Caltrans, drafted in AutoCAD, and delivered in PDF format.

Assumptions:
No substructure work is anticipated as a result of the Span 10 superstructure replacement.

Deliverables:
Draft Plans
Final Plans
Issued for Bid Plans
Specifications
Biggs Cardosa will prepare Technical Specifications for the repair work. Caltrans Standard Special Provisions will be used, where applicable, and will reference the Caltrans Standard and Revised Standard Specifications.

Assumptions:
Biggs Cardosa will be responsible for Technical Specifications related to structural items. We assume that the City will be responsible for developing the General Conditions and Special Provisions with input from Biggs Cardosa, as required, on items like the number of working days, staging areas, etc.

Unit costs will be removed at the Issue of Bid milestone to create a Bid Schedule for the contractor’s use in submitting a bid.

Assumptions:
Construction cost estimates will be based on Caltrans Contract Cost Data and Biggs Cardosa’s experience with similar projects.

Staff Report – Resolution Authorizing the City Manager to enter into an agreement with BCA for the Artesia Bridge
October 11, 2022

Page 6 of 8 ends

Deliverables:
Draft Construction Cost Estimate
Final Construction Cost Estimate
Bid Schedule
Structural Calculations
Biggs Cardosa will prepare structural calculations and structural quantity calculations for the repair work. AASHTO LRFD and Caltrans design criteria will be used to design the new superstructure. Calculations will be submitted at the Draft and Final milestones. Final calculations will be stamped and signed by a Professional Engineer registered in the State of California.

Assumptions:
This scope assumes that detailed structural analysis of the substructure will not be required. Biggs Cardosa will analyze proposed versus existing superstructure loads to demonstrate that the proposed loading is roughly equivalent to, or less than, existing loads. Detailed seismic analysis and seismic retrofits are not considered necessary for this scope. The goal is to reopen the bridge safely as soon as possible, then seek funding for complete replacement of this Structurally Deficient bridge in the future.

Deliverables:
Draft Structural Calculations
Draft Structural Quantity Calculations
Final Structural Calculations
Final Structural Quantity Calculations
Independent Check
Biggs Cardosa will perform an independent check of the plans, specifications, estimate, and calculations consistent with State requirements.

Assumptions:
Checkers will utilize the “Red-Blue-Yellow” method of independent checking. A separate set of independent structural calculations is not required.

Deliverables:
QA/QC Records
Staff Report – Resolution Authorizing the City Manager to enter into an agreement with BCA for the Artesia Bridge
October 11, 2022

Page 7 of 8 ends

The following table summarizes the estimated costs for this option:

Item Unit Unit Price Quantity Total Price
Existing Structure
Demolition
LS $120,000.00 1 $ 120,000.00
Furnish and Erect
Structural Steel
LBS $8.0 75,000 $ 600,000.00
Bear Assemblies EA $10,000.00 24 $ 240,000.00
Structural
Concrete Bridge
CY $2,000.00 170 $ 340,000.00
Bar Reinforcing
Steel
LBS $1.25 25,500 $ 32,000.00
Concrete Barrier LF $600.00 100 $ 60,000.00
Joint Seal LF $500.00 222 $ 18,000.00
Existing
Abutment/Bent
Repair and Modify
LS $50,000 1 $ 50,000.00
Total Construction Cost: $1,460,000.00
Preliminary Engineering (25%): $ 365,000.00
Construction Eng. (15%): $ 219,000.00
Contingency (25%): $ 511,000.00
Total: $2,555,000.00
Staff acknowledges that Biggs Cardosa has the necessary skills and expertise to perform the work in accordance with the best standards of professional practice.

Biggs Cardosa estimates to completed the project in approximately 6 months.

Staff seeks to sole source the services of Biggs Cardosa for the following reasons:
They are the only firm that the City believes would meet the project objectives
Staff was able to negotiate much more quickly than a typical competitive contract
Due to the nature of the urgency surrounding the completion of the project, staff recommends sole sourcing the design engineering services Biggs Cardosa has the necessary expertise to complete the project in a timely manner
Metro has approved the project
Therefore, in order to authorize the City Manager to enter into a professional services agreement with Biggs Cardosa Associates, Inc. to provide engineering design services for the Artesia Bridge in the amount of $271,878, City Council’s authorization is necessary.

Staff Report – Resolution Authorizing the City Manager to enter into an agreement with BCA for the Artesia Bridge
October 11, 2022

Page 8 of 8 ends

ALTERNATIVE
There are no other alternatives being recommended at this time. The Artesia Bridges has been closed since December 2020 and the City desires to make the bridge fully operational.

FISCAL IMPACT
Funds in the amount of $271,878 are available in the Public Works 2022-2023 fiscal year budget in Account No. 1900-710-000-4269.

RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution.

ALVIN BAUTISTA, P.E., CITY ENGINEER

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 BIGGS CARDOSA ASSOCIATES, INC.

STRUCTURAL ENGINEERS TO PROVIDE PROFESSIONAL DESIGN
ENGINEERING SERVICES FOR THE ARTESIA BRIDGE ($271,878)
WHEREAS,adoption of this resolution will authorize the City Manager to enter into a professional services agreement with and establish a purchase order for Biggs Cardosa Associates, Inc. Structural Engineers to provide professional design engineering services for the Artesia Bridge in the amount of Two Hundred Seventy One Thousand Eight Hundred Seventy Eight Dollars ($271,878); and
WHEREAS,the Artesia Boulevard Overhead (State Bridge No. 53C1744 and Los Angeles County Bridge No. 2446) carries Artesia Boulevard over the Alameda Railroad Corridor, Alameda Street and Compton Creek; and
WHEREAS,the bridge was constructed in 1956, is approximately 100 feet wide, and includes 10 spans of varying length for a total bridge length of 718’. The bridge superstructure is comprised of steel girders with a cast-in-place concrete deck; and WHEREAS,as of the June 2019 Bridge Inspection Report, the bridge was flagged as Structurally Deficient with a Sufficiency Rating of 38 out of 100 and on December 18, 2020, a fire damage was reported at Span 10, the eastern most span of the bridge; and WHEREAS,subsequently, the bridge was closed to traffic and inspected by the Los Angeles County Public Works and the City of Compton Public Works Department; and
WHEREAS,steel girders exhibited significant distortion as a result of the fire, an April 2021 load rating analysis concluded that the structure’s remaining strength is sufficient to carry only the structure’s self-weight; and WHEREAS,additional loads (vehicular and pedestrian traffic) are prohibited on the bridge because most of the steel girder members are severely deformed and connections had been compromised and therefore repairing the girders was not deemed feasible; and
WHEREAS,the preferred repair solution is to replace Span 10; and WHEREAS,In April 2021, City staff solicited a proposal from a qualified structural engineering firm and on December 21, 2021, City Council authorized the City Manager to enter into a Professional Services Agreement with Biggs Cardosa Associates, Inc. to develop options for the City to consider regarding the Artesia Bridge overcrossing; and WHEREAS,on April 22, 2022, Biggs Cardosa prepared a Repair Study Report that evaluated the feasibility and estimated costs of three alternative repair options as follows:

Resolution No. ___________

Page 2 ends

Embankment Filled Option
Embankment Fill Concept option consists of backfilling Span 10 of the Artesia Bridge, so the roadway is supported on fill material instead of a bridge. Using the embankment fill option would have the added benefit of removing access under the bridge to help prevent future encampments and fire damage. The removal of the bridge superstructure is possible since the Artesia Bridge was originally designed as a series of individual simple spans (instead of continuous spans). This allows the removal of a given span without negatively effecting the loading on adjacent spans. Below is a breakdown of the three options.
. Repair Concept Comparison
Repair Concept Cost
Estimate
Construction Duration
Rolled Steel Girders $2,555,000 6 Months
Concrete I Girders $2,804,000 6 Months
Embankment Fill $3,022,000 4.5 Months
;and
WHEREAS,on June 26, 2022, Biggs Cardosa Associates, Inc. submitted a proposal to City staff recommending the preferred repair option of replacing the Span 10 superstructure with rolled steel beams at a cost of $2,555,000 and submitted a proposal to provide preliminary engineering services which includes preparing bid documents for the repair work and to obtain the environmental clearance and permits necessary to hire a contractor to perform construction services on the Artesia Bridge; and WHEREAS,the following sections describe the proposed scope of work as follows:

Railroad coordination is anticipated due to the proximity of construction equipment with the potential to impactl the tracks.

Assumptons:
The scope includes participation in up to six (6) meetings with the City, LACDPW, and/or the Railroad.
Railroad coordination is anticipated to include estimating costs for, and facilitate contacts with, railroad flaggers. Flaggers are anticipated during construction operations with the potential to impact the tracks (e.g. cranes installing the new steel superstructure). This scope assumes that a Construction & Maintenance Agreement or similar will not be required with the railroad. Any railroad-related fees are assumed to be paid by the City, or included in contractor’s bids. Public outreach meetings are not anticipated for this scope Deliverables:

Meeting Agendas & Minutes
Resolution No. ______

Page 3 ends

Project Administration
Biggs Cardosa will prepare a baseline schedule for the repair design work, and will update the schedule throughout the progression of this scope. Monthly invoices and progress reports will be prepared.

Assumptions:
The scope assumes that the Term of the Agreement is six (6) months.

Deliverables:
Project Schedule
Monthly Invoices & Progress Reports
Environmental
Biggs Cardosa will engage a subconsultant to prepare the necessary documentation required for the California Environmental Quality Act (CEQA).

Assumptions:
It is assumed that the repair work will not be federally funded, and compliance with the National Environmental Policy Act (NEPA) will therefore not be required. Biggs Cardosa anticipates procuring an environmental subconsultant concurrent with the development of the draft plans, specifications, and estimates. The level of effort for the environmental scope can vary based on anticipated construction access areas, whether soil is disturbed, and other design developments. BCA’s fee proposal includes a placeholder for this scope based on their experience with similar projects. A formal scope of work will be submitted to the City with a request to add an environmental subconsultant once the impacts and required level of documentation are better understood. In general, we assume:
oA CEQA Categorical Exemption (CE) will be required.
oSupporting Technical Studies are likely to include a Biological Technical Memo and Hazardous Materials Screening Memo.
oBird/bat surveys will likely be required prior to construction. It assumed that permits from the Regional Water Quality Board and other regulatory agencies will not be required for the repair scope of work.

Deliverables:

Plans
Biggs Cardosa will prepare plans for the repair work. Anticipated plans include:

General Plan
General Notes
Demolition Plan
Superstructure Typical Section
Framing Plan
Girder Details
Barrier Details
Resolution No. ___________

Page 4 ends

Approach Slab Details
City CADD Standards may be used in the development of the plans. Otherwise, formatting will be based on Caltrans, drafted in AutoCAD, and delivered in PDF format.

Assumptions:
No substructure work is anticipated as a result of the Span 10 superstructure replacement.

Deliverables:
Draft Technical Specifications
Final Technical Specifications
Issued for Bid Technical Specifications
Cost Estimates
Biggs Cardosa will prepare construction cost estimates at the Draft and Final milestones that show quantities, unit costs, and total estimate construction costs. Unit costs will be removed at the Issue of Bid milestone to create a Bid Schedule for the contractor’s use in submitting a bid.

Assumptions:
Construction cost estimates will be based on Caltrans Contract Cost Data and Biggs Cardosa’s experience with similar projects.

Resolution No. ___________

Page 5 ends

Assumptions:
Checkers will utilize the “Red-Blue-Yellow” method of independent checking. A separate set of independent structural calculations is not required.

Deliverables:
QA/QC Records
The following table summarizes the estimated costs for this option:

Item Unit Unit Price Quantity Total Price
Existing Structure
Demolition
LS $120,000.00 1 $ 120,000.00
Furnish and Erect
Structural Steel
LBS $8.0 75,000 $ 600,000.00
Bear Assemblies EA $10,000.00 24 $ 240,000.00
Structural
Concrete Bridge
CY $2,000.00 170 $ 340,000.00
Bar Reinforcing
Steel
LBS $1.25 25,500 $ 32,000.00
Concrete Barrier LF $600.00 100 $ 60,000.00
Joint Seal LF $500.00 222 $ 18,000.00
Existing
Abutment/Bent
Repair and Modify
LS $50,000 1 $ 50,000.00
Total Construction Cost: $1,460,000.00
Preliminary Engineering (25%): $ 365,000.00
Construction Eng. (15%): $ 219,000.00
Contingency (25%): $ 511,000.00
Total: $2,555,000.00; and
WHEREAS,staff acknowledges that Biggs Cardosa has the necessary skills and expertise to perform the work in accordance with the best standards of professional practice. Biggs Cardosa estimates to completed the project in approximately 6 months; and
Resolution No. ____________

Page 6 ends

WHEREAS,staff seeks to sole source the services of Biggs Cardosa for the following reasons:
They are the only firm that the City believes would meet the project objectives Staff was able to negotiate much more quickly than a typical competitive contract Due to the nature of the urgency surrounding the completion of the project, staff recommends sole sourcing the design engineering services Biggs Cardosa has the necessary expertise to complete the project in a timely manner
Metro has approved the project; and
WHEREAS,funds in the amount of $271,878 are available in the Public Works 2022-2023 fiscal year budget in Account No. 1900-710-000-4269; and WHEREAS,in order to authorize the City Manager to enter into a professional services agreement with Biggs Cardosa Associates, Inc. to provide engineering design services for the Artesia Bridge in the amount of $271,878, 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 City Manager, upon advice and approval of the City Attorney is hereby authorized to enter into a Professional Services Agreement with and establish a purchase order for Biggs Cardosa Associates, Inc. Structural Engineers to provide professional design engineering services for the Artesia Bridge in the amount of $271,878.

SECTION 2.That funds in the amount of $271,878 are available in the Public Works Department Fiscal Year 2022-2023 budget in Account No. 1900-710-000-4269.

SECTION 3.That a purchase order in the amount of $271,878 is authorized to be established for Biggs Cardosa Associates, Inc. to provide professional design engineering services for the Artesia Bridge.

SECTION 4.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 Engineering Department.

SECTION 5.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
Resolution No. ____________

Page 7 ends

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 of the City of Compton, 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: COUNCILMEMBERS-
NOES: COUNCILMEMBERS-
ABSTAIN: COUNCILMEMBERS-
ABSENT: COUNCILMEMBERS-
___________________________________

CITY CLERK OF THE CITY OF COMPTON

June 26, 2022
City of Compton
Public Works Engineering Division
205 South Willowbrook Avenue
Compton, CA 90220

Attention: John Strickland, Project Manager

Subject: Artesia Boulevard over Alameda/UPRR | Bridge Repair PS&E Biggs Cardosa Proposal

Dear Mr. Strickland:

Biggs Cardosa Associates, Inc. is pleased to submit our proposal to provide professional engineering services for the subject project.

Project Understanding
The Artesia Boulevard Overhead (State Bridge No. 53C1744, LA County Bridge No. 2446) carries Artesia Boulevard over the Alameda Railroad Corridor, Alameda Street, and Compton Creek. The bridge was constructed in 1956 , is approximately 100 feet wide, and includes 10 spans of varying length for a total bridge length of 718’ - 0”. The bridge superstructure is comprised of steel girders with a cast- in-place concrete deck. As of the June 2019 Bridge Inspection Report, the bridge was flagged as Structurally Deficient w ith a Sufficiency Rating of 38.0 out of 100.

On December 18, 2020, fire damage was reported at Span 10, the easternmost span of the bridge. Subsequently, the bridge was closed to traffic and inspected by the Los Angeles County Public Works (Design Division and Road Maintenance Division) and the City of Compton Public Works. Steel girders exhibited significant distortion as a result of fire, and an April 2021 load rating analysis concluded that the structure’s remaining strength is sufficient to carry only the structure’s self -weight. Additional live loads (vehicular and pedestrian traffic) are prohibited on the bridge. Because most of the steel girder members are severely deformed and connections have been comp romised, repairing the girders is not deemed feasible. The preferred repair solution is to replace Span 10.

Biggs Cardosa prepared a Repair Study Report (dated April 22, 2022) that evaluated the feasibility and estimated costs of three alternative repair schemes. The preferred repair option is to replace Steel Girder Damage
Artesia Boulevard over Alameda/UPRR | Bridge Repair PS&E Biggs Cardosa Proposal

Page 2 ends

the Span 10 superstructure with rolled steel beams. The following table summarizes the estimated costs for this option:

The purpose of this upcoming phase of the project (Preliminary Engineering) is to prepare bidding documents for the repair work, and to obtain the necessary environmental clearance and permits such that a Notice Inviting Bids can be issued to contractors. The following sections describe our proposed Scope of Work in detail.

Scope of Work
Project Management & Administration
Coordination & Meetings
Biggs Cardosa will meet with the City and LACDPW (if required) regularly throughout the design of the repair plans and specifications. Railroad coordination is anticipated due to the proximity of construction equipment with the potential to foul the tracks.

Assumptions:
▪ This scope includes participation in up to six (6) meetings with the City, LACDPW, and/or the Railroad.
▪ Railroad coordination is anticipated to include estimating costs for, and fa cilitate contacts with, railroad flaggers. Flaggers are anticipated during construction operations with the potential to foul the tracks (e.g. cranes installing the new steel superstructure). This scope assumes that a Construction & Maintenance Agreement or similar will not be required with the railroad. Any railroad -related fees are assumed to be paid by the City, or included in contractor’s bids.
▪ Public outreach meetings are not anticipated for this scope.

Deliverables:
▪ Meeting Agendas & Minutes

Artesia Boulevard over Alameda/UPRR | Bridge Repair PS&E Biggs Cardosa Proposal

Page 3 ends

Assumptions:
▪ This scope assumes that the Term of the Agreement is six (6) months.

Deliverables:
▪ Project Schedule
▪ Monthly Invoices & Progress Reports

Environmental
Biggs Cardosa will engage a subconsultant to prepare the necessary documentation required for the California Environmental Quality Act (CEQA).

Assumptions:
▪ It is assumed that the repair work will not be federally funded, and compliance with the National Environmental Policy Act (NEPA) will therefore not be required. ▪ Biggs Cardosa anticipates procuring an en vironmental subconsultant concurrent with the development of the draft plans, specifications, and estimates. The level of effort for th e environmental scope can vary based on anticipated construction access areas, whether soil is disturbed, and other design developments. Our fee proposal includes a placeholder for this scope based on our experience with similar projects . A formal scope of work will be submitted to the City with a request to add an environmental subconsultant once the impacts and required level of documentation are better understood. In general, we assume:
o A CEQA Categorical Exemption (CE) will be required.
o Supporting Technical Studies are likely to include a Biological Technical Memo and Hazardous Materials Screening Memo.
o Bird/bat surveys will likely be required prior to construction. ▪ It is assumed that permits from the Regional Water Quality Board and other regulatory agencies will not be required for the repair scope of work.

Deliverables:
▪ CEQA CE
▪ Technical Studies, as required

Artesia Boulevard over Alameda/UPRR | Bridge Repair PS&E Biggs Cardosa Proposal

Page 4 ends

Plans, Specifications & Estimates (PS&E)
Biggs Cardosa will develop plans, specifications, construction cost estimates, structural calculations, and quantity calculations for the repair work.

Three milestone submittals are anticipated: Draft, Final, and Issued for Bid. Draft PS&E will undergo a cursory check. Final PS&E will incorporate independent check comments and City comments.

Comments on the Final Submittal will be incorporated into an Issued for Bid Submittal that can be used for bidding purposes.

Plans
Biggs Cardosa will prepare plans for the repair work. Anticipated plans include:
▪ General Plan
▪ General Notes
▪ Demolition Plan
▪ Superstructure Typical Section
▪ Framing Plan
▪ Girder Details
▪ Barrier Details
▪ Approach Slab Details
City CADD Standards (if available) may be used in the development of the plans. Otherwise, formatting will be based on Caltrans, drafted in AutoCAD, and delivered in PDF format.

Assumptions:
▪ No substructure work is anticipated as a result of the Span 10 superstructure replacement.

Deliverables:
▪ Draft Plans
▪ Final Plans
▪ Issued for Bid Plans

Specifications
Biggs Cardosa will prepare Technical Specifications for the repair work. Caltrans Standard Special Provisions will be used, where applicable, and will reference the Caltrans Standard and Revised Standard Specifications.

Assumptions:
▪ Biggs Cardosa will be responsible for Technical Specifications related to structural items. We assume that the City will be responsible for developing the General Conditions and Special Provisions with input from Biggs Cardosa, as required, on items like the number of working days, staging areas, etc.

Deliverables:
▪ Draft Technical Specifications
▪ Final Technical Specifications
▪ Issued for Bid Technical Specifications

Artesia Boulevard over Alameda/UPRR | Bridge Repair PS&E Biggs Cardosa Proposal

Page 5 ends

Cost Estimates
Biggs Cardosa will prepare construction cost estimates at the Draft and Final milestones that show quantities, unit costs, and total estimate construction costs. Unit costs will be removed at the Issue for Bid milestone to create a Bid Schedule for the contractor’s use in submitting a bid.

Assumptions:
▪ Construction cost estimates will be based on Caltrans Contract Cost Data and Biggs Cardosa’s experience with similar projects.

Deliverables:
▪ Draft Construction Cost Estimate
▪ Final Construction Cost Estimate
▪ Bid Schedule

Structural Calculations
Biggs Cardosa will prepare structural calculations and structural quantity calculations for the repair work. AASHTO LRFD and Caltrans design criteria will be used to design the new superstructure.

Calculations will be submitted at the Draft and Final milestones. Final calculations will be stamped and signed by a Professional Engineer registered in the State of California.

Assumptions:
▪ This scope assumes that detailed structural analysis of the substructure will not be required.

Biggs Cardosa will analyze proposed versus existing superstructure loads to demonstrate that the proposed loading is roughly equivalent to, or less than, existing loads. Detailed seismic analysis and seismic retrofits are not considered necessary for this scope. The goal is to reopen the bridge safely as soon as possible, then seek funding for complete replacement of this Structurally Deficient bridge in the future.

Deliverables:
▪ Draft Structural Calculations
▪ Draft Structural Quantity Calculations
▪ Final Structural Calculations
▪ Final Structural Quantity Calculations

Independent Check
Biggs Cardosa staff not involved in the design will perform an independent check of the plans, specifications, estimate, and calculations consistent with State requirements.

Assumptions:
▪ Checkers will utilize the “Red-Blue-Yellow” method of independent checking. A separate set of independent structural calculations is not required.

Deliverables:
▪ QA/QC Records (on request)

Artesia Boulevard over Alameda/UPRR | Bridge Repair PS&E Biggs Cardosa Proposal

Page 6 ends

General Assumptions
The following general assumptions relate to the development of this proposal:

1. This scope is limited to environmental clearance and structural engineering. We do not anticipate roadway/civil work, utility relocations, survey, drainage, geotechnical engineering, and other disciplines as part of the repair work. Should those items become necessary, Biggs Cardosa will coordinate with the City on adding subconsultants and will submit a proposal for this additional work if the work is needed.

2. Right-of-Way Certification and other right of way activities will not be required. The repair work is anticipated to be performed entirely within City right of way.

3. Bidding and construction support services are not included in this proposal. Biggs Cardosa can submit a proposal to provide those services prior to the bidding and construction phases when the scope of the repair work is fully defined.

4. Railroad coordination work is anticipated to be minim al, primarily related to establishing requirements for railroad flaggers during activities with the potential to foul tracks (i.e. crane placement of steel beams). Preliminary Engineering, Construction & Maintenance, and other agreements are not anticipated. Railroad review of design and construction deliverables is not anticipated since Span 10 appears to be outside of railroad right of way.

Fee
We propose to provide the services outlined in this proposal on a time and materials basis for a not-to-exceed amount of $271,878. A detailed breakdown of our fee proposal is attached.

We look forward to continuing to work with you on this project. Should you have any questions, please do not hesitate to contact me.

Sincerely,

BIGGS CARDOSA
ASSOCIATES, INC.

Eric Pheifer, PE
Principal

Attachments:
▪ Fee Proposal
▪ Charge Rate Schedule

Artesia Boulevard | Replace Span 10, PS&E
Fee Proposal | Biggs Cardosa Associates
Principal Associate
Engineering
Manager
Senior
Engineer
Project
Engineer
Staff
Engineer
Assistant
Engineer
Junior
Engineer
$270.00 $231.00 $200.00 $180.00 $165.00 $152.00 $139.00 $1 28.00 Project Management & Administration $32,976
Coordination & Meetings 8 16 20 20 64 $11,936
Railroad Coordination 4 8 20 40 72 $11,788
Project Administration 24 12 36 $9,252
Environmental $2,928
CEQA Documentation (BCA Oversight) 4 8 12 $2,928
(See "Subconsultants/Expenses" below)
Plans, Specifications & Estimates (PS&E) $170,974
Draft Plans 4 8 16 40 40 120 228 $32,808
Draft Technical Specifications 8 20 40 68 $13,380
Draft Construction Cost Estimate 2 4 8 16 40 70 $10,128 Draft Structural Calculations 4 40 20 20 40 80 204 $33,020 Independent Check 2 8 16 40 80 146 $23,780
Final Plans 4 8 20 20 40 40 132 $20,248
Final Technical Specifications 8 16 40 64 $12,456
Final Construction Cost Estimate 2 2 4 8 8 24 $3,798
Final Structural Calculations 2 4 8 16 20 50 $8,324
Issued for Bid Plans 2 4 20 20 46 $6,804
Issued for Bid Technical Specifications 4 8 20 32 $6,228 Labor Subtotal $206,878
Environmental Subconsultant (CEQA) (Estimated Cost) $65,000 Subconsultant / Expense Subtotal $65,000
Total Fee $271,878
S.O.W. Phase / Task Total
Hours
Labor
Subtotal
Subconsultants / Expenses
1 CHARGE RATE SCHEDULE

Principal $250.00 - $310.00
Associate $231.00
Engineering Manager $200.00
Senior Engineer $180.00
Project Engineer $165.00
Staff Engineer $152.00
Assistant Engineer $139.00
Junior Engineer $128.00
Senior Computer Drafter $144.00
Computer Drafter $128.00
Junior Computer Drafter $115.00
BIM/Visualization Specialist $144.00

Project Administrator $163.00
Project Coordinator $134.00
Secretarial Services $103.00

Construction Manager $241.00
Senior Structural Representative $210.00
Structural Representative $187.00
Assistant Structures Representative $150.00
Senior Bridge Inspector $187.00

Subconsultants Cost Plus 10%
Expenses Cost Plus 15%
In-House CADD Plots
Prints $0.32/ sq. ft.

Plots $1.60/ sq. ft.

Mylar Plots $3.20/ sq. ft.

Charge Rates Applicable thru September 30, 2022

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

CITY OF COMPTON
AND

BIGGS CARDOSA

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 BIGGS CARDOSA (hereinafter referred to as “CONSULTANT”) located at 500 South Main Street, Suite 1200 Orange, California 92868, (each a “Party” and collectively, the “Parties”).

RECITALS
WHEREAS, City has a need to employ the services of an experienced and professional structural engineering consulting firm to assess the feasibility of various options, prepare a Concept Study Report, and assess funding opportunities to proceed to the next phases of the project; and
WHEREAS, Consultant (Biggs Cardosa) warrants that it is specifically trained, experienced, competent and has the resources to provide such necessary services which will be required by this Agreement; 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 _____ day of October, 2022, the City Council gave approval to award a contract to the Consultant to provide the services required; and
WHEREAS, Consultant is willing to render such professional services subject to the terms and conditions set forth in this Agreement.

NOW, THEREFORE, the Parties, for the consideration, terms and conditions herein described, mutually agree as follows:

AGREEMENT:

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 design structural engineering services for the City’s Public Works Engineering Department, to include but not be limited to:

Project Management & Administration
Professional Services Agreement – Biggs Cardosa Associates, Inc.

Structural Engineering Services
Public Works/Resolution ______

Page 2 of 16 ends

Coordination & Meetings
Biggs Cardosa will meet with the City and Los Angeles County Department of Public Works (LACDPW) regularly throughout the design of the repair plans and specifications.

Railroad coordination is anticipated due to the proximity of construction equipment with the potential to foul the tracks.

Assumptons:
The scope includes participation in up to six (6) meetings with the City, LACDPW, and/or the Railroad.
Railroad coordination is anticipated to include estimating costs for, and facilitate contacts with, railroad flaggers. Flaggers are anticipated during construction operations with the potential to impact the tracks (e.g. cranes installing the new steel superstructure). This scope assumes that a Construction & Maintenance Agreement or similar will not be required with the railroad. Any railroad-related fees are assumed to be paid by the City, or included in contractor’s bids. Public outreach meetings are not anticipated for this scope Deliverables:

Meeting Agendas & Minutes
Project Administration
Biggs Cardosa will prepare a baseline schedule for the repair design work, and will update the schedule throughout the progression of this scope. Monthly invoices and progress reports will be prepared.

Assumptions:
The scope assumes that the Term of the Agreement is six (6) months.

Structural Engineering Services
Public Works/Resolution ______

Page 3 of 16 ends

request to add an environmental subconsultant once the impacts and required level of documentation are better understood. In general, they assume:
oA CEQA Categorical Exemption (CE) will be required.
oSupporting Technical Studies are likely to include a Biological Technical Memo and Hazardous Materials Screening Memo.
oBird/bat surveys will likely be required prior to construction. It assumed that permits from the Regional Water Quality Board and other regulatory agencies will not be required for the repair scope of work.

Deliverables:

Plans
Biggs Cardosa will prepare plans for the repair work. Anticipated plans include:

General Plan
General Notes
Demolition Plan
Superstructure Typical Section
Framing Plan
Girder Details
Barrier Details
Approach Slab Details
City CADD Standards may be used in the development of the plans. Otherwise, formatting will be based on Caltrans, drafted in AutoCAD, and delivered in PDF format.

Assumptions:
No substructure work is anticipated as a result of the Span 10 superstructure replacement.

Deliverables:
Draft Plans
Final Plans
Issued for Bid Plans
Professional Services Agreement – Biggs Cardosa Associates, Inc.

Structural Engineering Services
Public Works/Resolution ______

Page 4 of 16 ends

Assumptions:
Construction cost estimates will be based on Caltrans Contract Cost Data and Biggs Cardosa’s experience with similar projects.

Final calculations will be stamped and signed by a Professional Engineer registered in the State of California.

Professional Services Agreement – Biggs Cardosa Associates, Inc.

Structural Engineering Services
Public Works/Resolution ______

Page 5 of 16 ends

Assumptions:
Checkers will utilize the “Red-Blue-Yellow” method of independent checking. A separate set of independent structural calculations is not required.

Deliverables:
QA/QC Records
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 generally accepted standards of professional practice. While performing the services, Consultant agrees to perform all the said services 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, workmanlike 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 sub- contractors, if any, and will keep the services under its control. On request of City, if any employee or sub-contractor 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, Consultant will discharge said employee or sub-contractor from performing services pursuant to provisions of this Agreement.

Professional Services Agreement – Biggs Cardosa Associates, Inc.

Structural Engineering Services
Public Works/Resolution ______

Page 6 of 16 ends

Michael A. Thomas, SE, Principal of Consultant, shall be primarily responsible for representing Consultant in performance of this Agreement.

Thomas Thomas, City Manager, or his/her authorized designee, of the City Managers Department, is hereby designated as the City’s Representative for this Project/Agreement.

2. Duration of Contract.The Consultant shall commence services requested by the City on issuance of Notification to Proceed from the City to Consultant and continue on an “on-call” basis to perform, in a diligent and professional manner, those services requested and required pursuant to this Agreement. This Agreement shall automatically terminate on exhaustion of the authorized maximum compensation of Two Hundred Seventy One Thousand Eight Hundred Seventy Eight Dollars ($271,878.00), unless this Agreement is extended or otherwise terminated as provided herein.

Consultant will generally adhere to any schedule set forth 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 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 time and material basis as specified within Consultant’s “Proposal to Provide Consulting Services,” dated June 24, 2020, which is incorporated herein. Unless otherwise agreed by the Parties in writing, the total price 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 Parties.

It is understood and agreed between the Parties that the maximum compensation authorized for the services provided by the Consultant during the term of this Agreement shall be limited to a not-to-exceed amount of Two Hundred and Professional Services Agreement – Biggs Cardosa Associates, Inc.

Structural Engineering Services
Public Works/Resolution ______

Page 7 of 16 ends

Seventy One Thousand Eight Hundred Seventy Eight Dollars ($271,878.00), unless otherwise authorized by the City Council.

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 City Manager’s Office at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.

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 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, subcontractors, agents and volunteers (collectively hereinafter the “Consultant”), is a wholly independent Consultant and not an officer, employee, subcontractor or agent of Professional Services Agreement – Biggs Cardosa Associates, Inc.

Structural Engineering Services
Public Works/Resolution ______

Page 8 of 16 ends

the City of Compton, and is not authorized to act on behalf of the City. 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 Contract. Consultant expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Contract that Consultant shall not at any time or in any manner, represent that Consultant is in any manner officers, employees, agents or volunteers, joint venture or partner 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. Consultant will not be eligible for any employee benefits, nor will City make deductions from any amounts payable to Consultant of taxes or insurance. All payroll and employment taxes, insurance, and benefits shall be the sole responsibility of Consultant. Consultant retains the right to provide services for others during the term of this Contract.

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 which City may be required to make on behalf of Consultant or any agent, employee, or Consultant 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.

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, Professional Services Agreement – Biggs Cardosa Associates, Inc.

Structural Engineering Services
Public Works/Resolution ______

Page 9 of 16 ends

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 negligent 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 negligent 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.

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, sub-consultants, 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.

Professional Services Agreement – Biggs Cardosa Associates, Inc.

Structural Engineering Services
Public Works/Resolution ______

Page 10 of 16 ends

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.

Coverage’s and Limits. Consultant will maintain the types of coverage’s and minimum limits indicated below, unless the Risk Manager or 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 insured’s 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 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.

Professional Services Agreement – Biggs Cardosa Associates, Inc.

Structural Engineering Services
Public Works/Resolution ______

Page 11 of 16 ends

Endorsements. For Commercial General 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 insured’s” 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.

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 (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) will exercise the professional standard of care in the performance of the services called for by this Agreement 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 Professional Services Agreement – Biggs Cardosa Associates, Inc.

Structural Engineering Services
Public Works/Resolution ______

Page 12 of 16 ends

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.

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 sub-consultant.

Either Party, upon tendering ten (10) 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.

Professional Services Agreement – Biggs Cardosa Associates, Inc.

Structural Engineering Services
Public Works/Resolution ______

Page 13 of 16 ends

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 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.
[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 – Biggs Cardosa Associates, Inc.

Structural Engineering Services
Public Works/Resolution ______

Page 14 of 16 ends

[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 Contract on the signature portion thereof shall also constitute signature of the above Certifications.
__________________________________ ___________________ Michael A. Thomas, SE, 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 which 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. 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 Professional Services Agreement – Biggs Cardosa Associates, Inc.

Structural Engineering Services
Public Works/Resolution ______

Page 15 of 16 ends

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.

26. 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.

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-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; and effective one (1) business day after delivery by facsimile transmission; and effective five (5) days after mailing by U.S. Mail, postage prepaid and properly addressed as follows:

To Consultant: Biggs Cardosa Associates, Inc.
500 South Main Street, Suite 1200
Orange, California, 92868
Attn: Michael A. Thomas, SE, Principal
(714) 550-4665 X4501
(949) 287-8787 – Cellular No.

To City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Public Works Department
(310) 605-5505 phone
(310)-605-6326 fax
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.

30. 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 Professional Services Agreement – Biggs Cardosa Associates, Inc.

Structural Engineering Services
Public Works/Resolution ______

Page 16 of 16 ends

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.

BRIGGS CARDOSA ASSOCIATES, INC.

CONSULTANT
Dated: _______________ By ____________________________ Michael A. Thomas, SE, Principal

CITY OF COMPTON
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

Compton City CouncilOctober 11, 2022

Compton City Council
October 11, 2022