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 or in the City Clerk’s office. This form must be completed 15 minutes prior to the scheduled meeting time.
Pursuant to Section 54957.5 of the California Government Code, Any writings (Except for those writings which are exempt from disclosure) which are distributed to all or a majority of the members of the City Council are available for public inspection in the lobby of the City Council Chambers and in the office of the City Clerk during regular business hours.
COMPTON CITY COUNCIL
AGENDA
06/06/2023
BUDGET WORKSHOP 3:30 PM
CLOSED SESSION 4:30 PM
PUBLIC MEETING 5:30 PM
CITY COUNCIL CHAMBERS
205 SOUTH WILLOWBROOK AVENUE
COMPTON, CALIFORNIA 90220
WORKSHOP(S)
3:30 P.M. PROPOSED 2023-2024 FISCAL YEAR BUDGET
Building and Safety, Water Department and City Treasurer
OPENING
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENTS ON CLOSED SESSION ITEMS ONLY
CLOSED SESSION
PENDING LITIGATION
Leggett, Jerry v. City of Compton, LASC Case No. 19STCV40919 -2- City Council Agenda 6/6/2023
5:30 PM
OPENING
PUBLIC MEETING – 5:30 PM
REPORT ON CLOSED SESSION ACTION
PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
REGULAR AGENDA
REPORTS OF OFFICERS, BOARDS, COMMISSIONS AND COMMITTEES AND
CITY COUNCIL
1. APPOINTMENT(S) OF OFFICERS, COUNCIL MEMBERS,
BOARDS/COMMISSIONS AND COMMITTEES
PUBLIC SAFETY COMMITTEE - Councilwoman Darden
NEW BUSINESS
2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE LIGHTING AND LANDSCAPE DISTRICT NO. 1 FISCAL YEAR 2023/2024
3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE PUBLIC WORKS DEPARTMENT 2022-2023 FISCAL YEAR
BUDGET AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH NV5 AND ESTABLISH A PURCHASE ORDER IN THE AMOUNT OF $123,063 TO UPDATE THE
CONSTRUCTION PLANS, DESIGN AND SPECIFICATIONS FOR THE PEARL AVENUE SEWER REPLACEMENT PROJECT CIP# 10-21/JN 150S
4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF
AGREEMENT BETWEEN THE SOUTH BAY CITIES COUNCIL OF
GOVERNMENTS AND THE CITY OF COMPTON FOR COST SHARING FOR THE
IMPLEMENTATION OF THE COORDINATED INTEGRATED MONITORING
PROGRAM (CIMP) FOR THE DOMINGUEZ CHANNEL WATERSHED
MANAGEMENT AREA
5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
RATIFYING A SIDE LETTER AGREEMENT AMENDING THE MEMORANDUM OF
AGREEMENT BETWEEN THE CITY OF COMPTON AND THE COMPTON
MANAGEMENT EMPLOYEES ASSOCIATION/AFSCME LOCAL 2325 TO AMEND ARTICLE 40 OF THE MEMORANDUM OF AGREEMENT.
-3- City Council Agenda 6/6/2023
5:30 PM
6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
RATIFYING A SIDE LETTER AGREEMENT BETWEEN THE CITY OF COMPTON
AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES/AFSCME LOCAL 3947 TO AMEND ARTICLE 19 OF THE
MEMORANDUM OF AGREEMENT
7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-2024 FUNDED BY SB 1 PURSUANT TO THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.
8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO THE
CALIFORNIA CITIES FOR SELF-RELIANCE JOINT POWERS AUTHORITY FOR ANNUAL FUNDING CONTRIBUTION ($30,000)
COUNCIL COMMENTS
ADJOURNMENT
NEXT REGULAR MEETING: 6/13/2023 5:30PM
Visit our website at http://www.comptoncity.org
June 6, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS
WITHIN THE LIGHTING AND LANDSCAPE DISTRICT NO. 1 FISCAL YEAR 2023/2024
SUMMARY
This resolution will approve the ordering of the levy and collection of assessments charges for the Lighting and Landscape District No.1 for Fiscal Year 2023/2024.
BACKGROUND
At the City Council meeting held on May 2, 2023, the City Council adopted resolutions Initiating Proceedings, Accepting the Preliminary Engineering Report, Declaring its Intent to Levy and Collect Assessments and Charges, and appoint a time and place for hearing protests for the Lighting and Landscape District No. 1 for Fiscal Year 2023/2024. The time for the hearing of protests was set for May 23, 2023 at 5:35 pm.
STATEMENT OF THE ISSUE
These funds are required to operate the street lighting and landscaping in the City of Compton for fiscal year 2023/2024. The action of this meeting is to hold the noticed public hearing. The City Council will receive public comments and make any revisions deemed essential. Therefore, City Council’s authorization is necessary to order the levy and collection of assessments within the Lighting and Landscape District No. 1 for Fiscal Year 2023/2024.
FISCAL IMPACT
There is no impact to the General Fund. These assessments are collected for the City by the County Tax Collector, and usually nets the City of Compton approximately $4,189,284.28 annually.
3. RECOMMENDATION
Staff recommends approval of the attached resolution.
JOHN D. STRICKLAND, JR., PROJECT MANAGER
PUBLIC WORKS ENGINEERING DEPARTMENT
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO._____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS WITHIN THE LIGHTING AND LANDSCAPE
DISTRICT NO. 1 FOR FISCAL YEAR 2023-2024
WHEREAS, the City Council of the City of Compton had by previous resolution initiated proceedings and declared its intention to levy and collect assessments against lots and parcels of land within the Landscape and Lighting District No.1 (hereinafter referred to as the “District”) for fiscal year 2023-2024, pursuant to the provisions of the Landscaping and Lighting Act of 1972. Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as the “Act”); and
WHEREAS, the designated Assessment Engineer, Willdan Financial Services has prepared and filed with the City Clerk of the City of Compton and the City Clerk has presented to the City Council the Engineer’s Report (hereinafter referred to as the “Report”) in connection with the proposed levy and collection of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution approve such Report; and
WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2023 and ending June 30, 2024, to pay the costs and expenses of operating, maintaining and servicing landscaping, lighting and appurtenant facilities located within the District; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving or amending the Report prepared in connection herewith; the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons.
SECTION 3. Based upon its review (and amendments, as applicable) of the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that:
a) The land within the District will receive special benefit by the operation, maintenance and servicing of landscaping, lighting and appurtenant facilities within the boundaries of the District.
b) The District includes all of the land receiving such benefit. c) The net amount to be assessed upon the lands within the District has been apportioned by a formula and method, which fairly distributes the net amount among the eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2023 and ending June 30, 2024.
d) The proposed special benefit assessment calculated and apportioned for fiscal year 2023-2024 are consistent with the previously adopted Rate and Method and constitute a continuation of existing assessments. That the assessments are imposed exclusively to finance the maintenance, operation and servicing expenses for streets.
RESOLUTION NO._______________
PAGE TWO
SECTION 4. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the improvements including streetlights, traffic signals, landscaping including turf, ground cover, shrubs and trees, irrigation systems, drainage systems, and all appurtenant facilities related thereto or that may be authorized pursuant to the provisions of the Act.
SECTION 5. The County Auditor of Los Angeles County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer and placed in a fund for the District.
SECTION 6. The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the City of Compton Lighting and Landscape District No.1, and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in the Report.
SECTION 7. The adoption of this Resolution constitutes the District annual levy for the fiscal year commencing July 1, 2023 and ending June 30, 2024.
SECTION 8. The Assessment Engineer selected by the City Council is hereby authorized and directed to file a copy of this Resolution and the assessments with the County Auditor of the County of Los Angeles in August 2023.
SECTION 9. Copies of this resolution shall be filed in the offices of the City Manager, City Controller, and Public Works Engineering Departments.
SECTION 10. The Mayor shall sign and the City Clerk shall attest to the adoption of this resolution.
ADOPTED this _______ day of __________________, 2023.
_______________________________
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, Vernell McDaniel, 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 ____________________, 2023.
That said resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERSABSENT: COUNCIL MEMBERS- ____________________________________
CITY CLERK OF THE CITY OF COMPTON
June 6, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE PUBLIC WORKS DEPARTMENT 2022-2023 FISCAL
YEAR BUDGET AND AUTHORIZING THE CITY MANAGER TO ENTER
INTO A PROFESSIONAL SERVICES AGREEMENT WITH NV5 AND
ESTABLISH A PURCHASE ORDER IN THE AMOUNT OF $123,063 TO
UPDATE THE CONSTRUCTION PLANS, DESIGN AND
SPECIFICATIONS FOR THE PEARL AVENUE SEWER
REPLACEMENT PROJECT CIP# 10-21/JN 150S
SUMMARY
Adoption of this resolution will amend the Public Works Department 2022-2023 Fiscal Year budget and authorize the City Manager to enter into an agreement with NV5 to prepare an update of the construction plans, design and bid specifications for the rehabilitation/replacement of Pearl Avenue sewer pipes and establish a purchase order in the amount of $123,063 for updating the construction plans, design, and bid specifications for the Pearl Avenue Sewer Replacement Project CIP# 10-21/JN 150S.
BACKGROUND
For the past several years, the City’s sanitary sewer system has experienced prolonged structural damage and capacity deficiencies. A combination of multiple factors including the lack of a Capital Improvement Plan to prioritize and rehabilitate/replace aging pipes has impacted the carrying capacity of the sewer infrastructure system.
In 2016, the Superior Court of the State of California, County of Los Angeles entered a Consent Judgement against the City of Compton (City) for the City’s failure to comply with the State Water Resources Control Board Order No. 2006-0003-DWQ, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (WDR). The 2016 Consent Judgment sets forth specific requirements including infrastructure upgrades of the sewer system to achieve compliance with the State Waste Discharge Requirements.
The Pearl Avenue Replacement Project is among the list of City sewer pipes that need to be rehabilitated or replaced for the City to comply with the Consent Judgment.
In accordance with the Consent Judgement of 2016, the City of Compton prepared a bid/specification package to solicit bid proposals for construction of the Pearl Avenue Sewer Replacement Project CIP No. 10-21/JN150S. However, as a result of several competing high priority projects and limited budget during 2016, the Pearl Avenue Sewer Rehabilitation Project had to be postponed.
4. Staff Report – Resolution Authorizing Budget Amendment Professional Services Agreement- NV5
June 6, 2023
T:\PW_SMD\SUBJECT\REPORTS - RESOLUTIONS\Resolutions 2022-2023\Sewer\Pearl Avenue sewer system NV5 design update 2 Staff Report.doc
2 To achieve compliance with the Consent Judgement and respond to the most recent State Audit report (dated October 2022), the City is resuming its efforts to move forward with the Pearl Avenue Sewer Rehabilitation Project. However, resumption of the Pearl Sewer Rehabilitation Project would require review and analysis of the existing design and bid specification package prepared in 2016. The re-evaluation of the existing plans and bid specification will ensure that implementation of the project would be consistent with current underground utilities along the pathway of the Pearl Avenue sewer line, and also conform to current industry regulations and standards.
STATEMENT OF THE ISSUE
In December 2022, staff solicited and received proposals from two firms: NV5 and Bureau Veritas to prepare an update of the original construction bid specifications for the Pearl Avenue project. A panel of Public Works staff reviewed the submitted proposals, and each consultant was rated based upon their qualifications, experience, a demonstrable understanding of the scope of services, and the proposed schedule for project implementation. The evaluation process resulted in the selection of NV5 to prepare an update of the existing construction bid/specification plan and comprehensive bid package for the sum of $123,063.
The NV5 proposal is the most responsive to the challenging rehabilitation issues confronting the Pearl Avenue project. Importantly, staff was also able to negotiate with NV5 for inclusion of additional engineering and design plans necessary for replacement of a collapsed Pearl Avenue sewer line between Rosecrans Avenue and East Kay Street, which was not previously included in the 2016 bid-ready construction design and bid specifications. The following are the critical deliverables expected from NV5:
Developing bid-ready construction specifications document for the entire project Constructability review: NV5 will perform a technical constructability review and bring suggestions to the City for consideration of potential cost-savings metrics Develop Topographic Survey Map: NV5 will prepare a Topographic Survey Map based per the proposed Pearl Avenue Sewer additions between Rosecrans Avenue and East Kay Street and mapping limits.
Updating Underground Utility Conditions: NV5 will conduct underground utility research to evaluate whether the sewer pipe is on the critical path based on current as-built and verify that plans and specifications are properly coordinated between all disciplines (Civil, Mechanical, Electrical, and Instrumentation and Control).
Updating Technical Specifications: NV5 will update the technical specifications, updating references to expired codes and outdated material elements Staff Report – Resolution Authorizing Budget Amendment
Professional Services Agreement- NV5
June 6, 2023
T:\PW_SMD\SUBJECT\REPORTS - RESOLUTIONS\Resolutions 2022-2023\Sewer\Pearl Avenue sewer system NV5 design update 2 Staff Report.doc
3 Updating Construction Cost Estimate: NV5 will perform a new Construction Cost Estimate. Reviewing engineer’s estimate against industry- standard ACEE Group 4 estimate prior to bid, including contingency, and budget.
Therefore, in order to amend the Public Works Engineering Department’s 2022-2023 Fiscal Year budget and authorize the City Manager to enter into an agreement with NV5 to prepare an update of the construction plans, design and bid specifications for the rehabilitation/replacement of Pearl Avenue sewer pipes and establish a purchase order in the amount of $123,063 for updating the construction plans, design, and bid specifications for the Pearl Avenue Sewer Replacement Project CIP# 10-21/JN 150S, City Council’s authorization is necessary.
ALTERNATIVE
There is no alternative being recommended at this time. The City desires to comply with the State Water Resources Board Order.
FISCAL IMPACT
The implementation of the Pearl Avenue Replacement construction plan, design, and specifications update project would necessitate amendment of the Public Works 2022- 2023 Fiscal Year budget to appropriate funds within accounts as follows:
Increase Revenue:
Account No. Description Amount
5117-000-000-3963 Other Financing Sources $123,064
(Bond Proceeds)
Increase Expenditure:
Account No. Description Amount
5117-710-000-4262 Other Professional Services $123,064
Funds in the amount of $123,064 will be available in the Public Works Engineering Department’s 2022-2023 Fiscal Year budget in Account No. 5117-710-000-4262.
Staff Report – Resolution Authorizing Budget Amendment
Professional Services Agreement- NV5
June 6, 2023
T:\PW_SMD\SUBJECT\REPORTS - RESOLUTIONS\Resolutions 2022-2023\Sewer\Pearl Avenue sewer system NV5 design update 2 Staff Report.doc
4 RECOMMENDATION
Staff recommends the City Council adopt the attached resolution.
JOHN D. STRICKLAND, JR., PROJECT MANAGER
PUBLIC WORKS ENGINEERING DEPARTMENT
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE PUBLIC WORKS DEPARTMENT 2022-2023 FISCAL YEAR
BUDGET AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH NV5 AND ESTABLISH A PURCHASE ORDER IN THE AMOUNT OF $123,063 TO UPDATE THE
CONSTRUCTION PLANS, DESIGN AND SPECIFICATIONS FOR THE PEARL AVENUE SEWER REPLACEMENT PROJECT CIP# 10-21/JN 150S
WHEREAS, in 2016, the Superior Court of the State of California, County of Los Angeles entered a Consent Judgment against the City of Compton for the City’s failure to comply with the State Water Resources Control Board Order No. 2006-0003-DWQ, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (WDR); and
WHEREAS, the Consent Judgment sets forth specific requirements for the City to comply with the WDR and these requirements included infrastructure upgrades for the City’s sanitary sewer system; and
WHEREAS, Pearl Avenue sewer line is among the list of aging sewer pipes that need to be rehabilitated or replaced for the City to comply with the Consent Judgment and in accordance with the Consent Judgement, the City of Compton prepared a bid/specification package to solicit bid proposals for the implementation of the Pearl Avenue Sewer Replacement Project CIP No. 10-21/JN150S in 2016; and WHEREAS, as a result of limited budget and several competing high priority projects at the time, the Pearl Avenue Sewer Rehabilitation Project had to be postponed; and
WHEREAS, in order to achieve compliance with the Consent Judgement and also respond to the most recent State Audit report (dated October 2022), the City is resuming its efforts to move forward with the Pearl Avenue Sewer Rehabilitation Project; and
WHEREAS, resumption of the Pearl Rehabilitation project would require review and analysis of the existing design and bid specification package prepared in 2016; and WHEREAS, the re-evaluation of the existing plans and bid specifications will ensure that project implementation will be consistent with current underground utilities along the pathway of the Pearl Avenue sewer line, and also conform to current industry regulations and standards; and
WHEREAS, in December 2022, staff solicited and received proposals from two firms: NV5 and Bureau Veritas to prepare an update of the original construction bid specifications for replacement of Pearl Avenue sewer pipes; and WHEREAS, a panel of Public Works staff reviewed the submitted proposals, and each consultant was rated based upon their qualifications, experience, and demonstrable understanding of the scope of services, and the proposed schedule for project implementation; and
WHEREAS, the evaluation process resulted in the selection of NV5 to prepare an update of the existing construction bid/specification plan and comprehensive bid package for the sum of $123,063; and.
WHEREAS it is necessary to authorize an amendment of the Public Works Department 2022-2023 fiscal year budget and transfer funds within accounts for the preparation of an update of the construction bid/specification for prospective contractors to compete for the rehabilitation of Pearl Avenue sewer line.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON HEREBY RESOLVE AS FOLLOWS:
Resolution No. ______
Section 1. That the City Manager, upon the advice and approval of the City Attorney, is hereby authorized to accept the proposal of NV5, enter into a professional services agreement, and establish a purchase order in the amount of $123,063 to update the construction plans, and bid/specifications for the Pearl Avenue Sewer Replacement Project.
Section 2. That the Public Works Department’s 2022-2023 Fiscal Year budget will be amended to transfer funds within accounts as follows:
Increase Revenue:
Account No. Description Amount
5117-000-000-3963 Other Financing Sources $123,064
(Bond Proceeds)
Increase Expenditure:
Account No. Description Amount
5117-710-000-4262 Other Professional Services $123,064
Section 3. That funds in the amount of $123,064 will be available in the Public Works Engineering Department’s 2022-2023 Fiscal Year budget in Account No. 5117- 710-000-4262.
Section 4. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Manager, City Controller and Public Works Department.
Section 5. That the Mayor shall sign, and the City Clerk shall attest to the adoption of this Resolution
ADOPTED this ________ day of ____________ 2023.
____________________________________
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 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 __________________, 2023.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCILMEMBERSNOES COUNCILMEMBERSABSTAIN COUNCILMEMBERSABSENT COUNCILMEMBERS- ___________________________________
CITY CLERK OF THE CITY OF COMPTON
PROPOSAL
Submitted by NV5, Inc.
163 Technology Drive, Suite 100, Irvine, CA 92618
City of Compton
Update of Plans, Design and Specifications for the Pearl Avenue Sewer Replacement Project, CIP No. 10-21/JN 150S
May 9, 2023
TABLE OF CONTENTS
A. Cover Letter 02
B. Project Understanding and Approach 04
C. Qualifications and Experience 09
STAFF QUALIFICATIONS 09
UNDERSTANDING OF ISSUES AND CHALLENGES 11
RELEVANT PROJECT EXPERIENCE 13
QUALITY ASSURANCE/QUALITY CONTROL 15
D. Project Work Plan and Schedule 16
APPENDIX
Resumes B1
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | 1 163 Technology Drive, Suite 100 | Irvine, CA 92618 | www.nv5.com | Office: 949.585.0477 | Fax: 949.409.8182 PN: P27022-0007873.00
May 9, 2023
City of Compton
Attn: Kofi Sefa-Boakye, Public Works Department
205 South Willowbrook Avenue
Compton, CA 90220
SUBJECT: Update of the Plans, Design and Specifications for the Pearl Avenue Sewer Replacement Project, CIP No. 10-21/JN 150S, including the Pearl Avenue Sewer Additions between Rosecrans Avenue and East Kay Street
Dear Mr. Sefa-Boakye,
NV5, Inc. is excited to have the opportunity to prepare the update of the plans, design and specifications for the Pearl Avenue Sewer Replacement Project in the City of Compton (City), including the Pearl Avenue Sewer Additions between Rosecrans Avenue and East Kay Street. Our team has the knowledge and experience to minimize response time, improve customer service, reduce the environmental impacts of CIP projects, provide input to reduce construction-related delays and costs, and improve the value engineering of your projects. We have prepared this proposal to demonstrate how our team is best suited to deliver the requested services and offer the following:
A Summary of the Consultant’s profile, qualifications and capabilities: We believe that past experience and success are key indicators of future performance. We are committed to providing high-quality service and believe that commitment is one reason why more than 90% of our work comes from repeat clients — an obvious indicator of client satisfaction. Our team has provided Constructability Review Services to dozens of cities and agencies throughout Southern California.
Proposed Team: Understanding the Scope of Services requested by the City, we have selected Project Manager/Senior Engineer Luanne Bean, PE, to act as Project Manager and Lead Constructability Review Engineer for this contract. Ms. Bean possesses more than 30 years of public works engineering experience with a focus on water and wastewater capital improvement projects. She has worked with a variety of agencies and is thoroughly familiar with local, state and federal requirements.
Ms. Bean has provided constructability review services for many projects, and has most recently provided these services to the cities of Chino for the Caltrans Benson Bridge Sewer Lift Station, City of Pomona SR-71 utility relocation at Mission Bridge for Caltrans, as well as Beverly Hills Foothill Groundwater Pretreatment Plant Modifications. Other Constructability Review projects include the Constructability Review for the Richey Street Water Main Relocation and SA-7 Pressure Reducing Station Relocation and SR-55 Water Crossing Relocation projects for the City of Santa Ana.
In addition, Ms. Bean is a former Class A General Engineering Contractor, as well as a licensed Civil Engineer in the State of California. Having seen construction from both sides of the fence, Ms. Bean is the perfect candidate possessing the knowledge, skills and experience to provide the most informative constructability review for your projects.
Ms. Bean will be joined by a team of experienced engineering and construction professionals who will help assure that all requirements of the project are reviewed by an expert in the field. Our experienced, selfmotivated team can quickly learn the City’s standards and processes, enabling us to provide outstanding cost- and time-efficient services. NV5 is not utilizing any subconsultants, and all work will be performed in-house.
A. COVER LETTER
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | 3 B. PROJECT UNDERSTANDING AND APPROACH
FIRM PROFILE
NV5, Inc. has been providing engineering and consulting services to public and private sectors for more than 70 years, delivering solutions through six business verticals: Testing, Inspection and Consulting; Infrastructure; Utility Services; Environmental Health Sciences; Buildings and Program Management; and Geospatial Technology. With more than 100 offices nationwide and abroad, NV5 has access to over 4,000 employees in a variety of fields who help clients plan, design, build, test, certify and operate projects that improve the communities where we live and work.
Our Irvine office specializes in the engineering design, construction management and inspection of capital improvement projects, including: streets, traffic systems, water and wastewater systems, drainage and flood control, parks and recreational facilities, vertical construction, and landscaping and grading. Our team includes licensed civil engineers, licensed contractors, construction managers, certified inspectors and experienced public works professionals. All team members have extensive experience working within the structure of municipal government and public construction policy and will seamlessly integrate with the City’s team.
KEY SERVICES
The successful delivery of our products and services has resulted in repeat clients for a broad range of municipal projects. Our key services include:
We maintain an extensive history of working with various local agencies. Throughout the course of completing myriad public works capital improvement projects, our team has demonstrated an unparalleled ability to work well with local agency staff, project stakeholders, engineers and contractors. We have successfully delivered projects in a timely and cost-effective manner, and we have acquired a keen understanding of local agency requirements, a critical element in the facilitation and resolution of project issues. We are excited about the opportunity to continue to serve the City and are committed to maintaining effective working relationships with your staff, relevant government agencies and project stakeholders.
GEOTECHNICAL
ENGINEERING
CONSTRUCTION
MANAGEMENT
+ INSPECTION
CIVIL
ENGINEERING
DESIGN
PROJECT
MANAGEMENT
LAND SURVEY
+ GIS
CONSTRUCTABILITY
REVIEW
STAFF
AUGMENTATION
PLAN CHECK
SERVICES
BUILDING
+ SAFETY
SERVICES
WATER +
WASTEWATER
ENGINEERING
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | 4 B. PROJECT UNDERSTANDING AND APPROACH
PROJECT UNDERSTANDING
The City of Compton completed the Sewer Bond
Improvement Project CIP No. 10-21/JN150S for
the Pearl Avenue Sewer Replacement in January
2016. There are 29 plan sheets and a full set
of construction specifications prepared in the
old CSI format signed and sealed by the City’s
former Public Works Director, Glen W. C. Kau. The
City would like to have the consultant perform
a constructability review on the plans, followed
by discussions with the City as to cost-savings
recommendations, an updated construction costs
estimate, and updated construction specifications,
as well as incorporation of updated underground
utility research on the current set of plans. There
is also an additional reach of 400 LF of Pearl
Avenue Sewer Additions between Rosecrans
Avenue and East Kay Street that is not included in
the above 29 sheets that the City needs added to
this project. NV5 will therefore couple this reach
into the existing project. NV5 will perform this work
in-house, and no outside subcontractors will be
utilized.
PROJECT APPROACH
Our goals in serving The City include:
•Being the City’s advocate and representative
•Reducing the City’s project administrative
impacts
•Minimizing the City’s exposure to change
orders and disputes
•Analyzing the project from the viewpoint of
the City, the Contractor, and the Construction
Manager
•Identifying and minimizing design errors and
omissions
•Assuring the Quality Control/Quality Assurance
requirements are readily understandable for
the Inspector
•Minimizing conflicts with underground
requirements
•Minimizing unknown conditions with utilities
•Minimizing the risk to the bidding contractor,
and, thereby, minimizing the risk to the City
•Meeting the required functionality of the
Project with the City
Rest assured that as part of our review we will:
•Verify that construction documents are well
coordinated and are reviewed for errors.
•Verify that designs are in conformance with the
City Facilities Design.
•Identify, to the extent known, construction
deficiencies and areas of concern.
•Back-check design drawings for inclusion of
modifications.
•Participate in the City’s review session to
document review comments for Construction
Documents, including plans and specifications.
•Recommend construction phasing, milestones,
overall duration of construction, liquidated
damages, contingency, budget, contracting
mechanism and provide an opinion of
particular project risks.
•Perform Value Engineering, as directed.
•Prepare Constructability Review report
documenting: Reviewers’ comments
referencing applicable identifiers, including
sheet number, detail number and schedules,
or specification pages, author and date. The
report will include the Design team’s response,
author and date; and Resolution (reviewers’
back-check comments and dates), and whether
the issue is closed or not. The report will
also include confirmation that requirements
noted in the design documents prepared for
the Project are consistent with and conform
to the City’s Project requirements and design
standards, and various components have been
coordinated and are consistent with each other
so as to minimize conflicts within or between
components of the design documents.
Ms. Bean will lead a kickoff meeting with the
City and its Project Manager prior to initiating
constructability review services. During the
meeting, we will discuss the following questions
that will facilitate the review process:
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | 5 B. PROJECT UNDERSTANDING AND APPROACH
•What are the City’s requirements for this
project?
•What are the City’s Facilities Design
requirements as they relate to this specific
project?
•What are the City’s standards that specifically
apply to this project?
•What are the jurisdictional requirements?
•What are the funding requirements?
•What are the environmental constraints and
mitigation measurements, and are these being
spelled out in the Specifications?
•What are the geotechnical requirements and
constraints, and have these been adequately
conveyed in the plans?
•What is the public sensitivity and perception
of the area, and does this require special
consideration in the Specifications?
•Is the construction design realistic and
feasible?
•Can the design be executed within the City’s
budget?
•Where are potential staging areas in close
proximity to the project? And do these staging
areas have hour restrictions — for example, if
nighttime work is required?
•Will the construction take longer to execute
than the time initially afforded to the project?
•Which materials will be necessary to complete
the construction, and which are the most cost
effective while still achieving the design vision?
•Are there optimal methods or technologies
that will benefit the construction process and
finished product?
•Has a cost/benefit analysis on equipment
quantity, redundancy and other requirements
been performed?
•Are design expectations/intent being met?
•Are there special on-site conditions that need
to be considered? (A site visit with the City
and its design team will allow our team to
become familiar with existing conditions and
assess issues relating to access, staging, traffic
requirements, etc.)
The information gathered from this discussion
will allow our team to outline and focus on critical
factors to consider during our reviews. These
factors may include, but are not limited to:
•Evaluation of the design for conformance with
the City Facilities Design requirements.
•Verifying that plans and specifications
are properly coordinated between all
disciplines (Civil, Mechanical, Electrical, and
Instrumentation and Control).
•Reviewing engineer’s estimate against
industry- standard ACEE Group 4 estimate
prior to bid, including contingency, budget and
contracting mechanism.
•Confirming other agency/city jurisdiction
requirements — construction traffic control,
for example, may pass through these other
agencies’ jurisdictions, requiring double
permits for which requirements must be
specified in the Specifications.
•Reviewing the requirements of the traffic
control, which should be included in the
specifications for inclusion in the plans and
specifications.
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | 6 B. PROJECT UNDERSTANDING AND APPROACH
•Verifying that City jurisdictional requirements
for distribution systems passing through the
various Cities served and standard details
for paving — for example, traffic control, and
working hours — are adequately addressed in
the front end.
•Verifying that requirements for importing
agencies, Department of Public Health, have
been adequately addressed in the plans and
specifications, should a project involve an
intertie or interconnection.
•Identifying any specific or special utility
requirements that must be specified — for
example, close proximity to high-pressure,
large-diameter Southern California Gas lines, or
MWD distribution pipelines, or Caltrans ROW, if
any.
•Evaluating unforeseen elements, such as
underground utilities or soils conditions.
•Verifying whether a Utility check was
adequately performed and conveyed for both
on-site work in treatment plants or roadwork in
right-of-way.
•Verifying if provisions for COVID-19 need to be
included in the specifications.
•Verifying if provisions for bypasses have been
detailed in the plans and specifications.
•Verifying that provisions are included to
meet any scheduling and/or critical project
milestones (i.e. providing sufficient time for
double permit acquisition as well as material
procurement, considering recent impacts from
COVID-19 to the supply chain).
•Verifying that State and Federal funding
requirements are met for those projects that
are receiving outside-sourced funding, if
applicable.
•Evaluating that operations and maintenance
requirements are anticipated and verifying that
they are addressed in the design.
•Making recommendations for public relations
and outreach to minimize impacts to
businesses and residents.
•Reviewing and confirming that bid schedules
adequately capture all of the scope of work
required of the contractor.
•Confirming that utility challenges, field
topography conditions, permits, and traffic
control requirements are adequately
addressed.
•Verifying that recommendations from the
geotechnical engineer have been formally
incorporated into the contract documents.
•Reviewing and evaluating the project scope and
identifying any required phasing or sequencing
and assuring that provisions are properly
incorporated into the contract documents.
•Verifying working hours for compatibility with
the neighborhood and jurisdictional City/
agency requirements.
•Reviewing easements, ROW, staging, and traffic
control/detour requirements.
•Reviewing and evaluating staging requirements
and making recommendations for potential
locations.
Once our Constructability Review process has been
completed, NV5 will:
•Provide written recommendations with
markups as appropriate to convey our findings
to the City.
•Meet with the City and its Project Manager,
as required, to discuss findings and
recommendations.
•Finalize updating of the:
○project plans
○specifications
○cost estimate
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | 7 B. PROJECT UNDERSTANDING AND APPROACH
ORGANIZATION CHART
Our team of experts brings direct, relevant, successful and current experience working on projects of similar scope and complexity. We are equipped with the resources to provide the City with the requested Engineering Design Services. Shown below are team roles and responsibilities.
QA/QC MANAGER
Julian Palacios, PE
PROJECT MANAGER/
SENIOR ENGINEER
Luanne Bean, PE
PRINCIPAL-IN-CHARGE
Jeffrey M. Cooper, PE
Luanne Bean possesses
more than 30 years of
public works engineering
experience with a focus
on water and wastewater
capital improvement
projects. She will act as
Project Manager/Senior
Engineer for this contract
and will be the direct
point-of-contact for City
officials.
PROJECT ENGINEERS/
DESIGNERS
India Woodruff
James DeMonaco
Gerald Tom, PE, TE
CAD DESIGN
Rafael Gutierrez
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | 8 C. QUALIFICATIONS AND EXPERIENCE
NAME/
AVAILABILITY ROLE YEARS
EDUCATION,
CERTIFICATIONS +
LICENSES
RECENT AND RELEVANT PROJECT
EXPERIENCE
Luanne Bean,
PE
80%
Project
Manager/
Senior
Engineer
30 M.S. Civil Engineering;
B.S. Civil Engineering;
Civil Engineer (CA) No.
50129; Former Class
A General Engineering
Contractor; FEMA OPS - I;
HAZMAT First Responder/
Operations Level; DOT
Offers of Bulk and NonBulk HAZMAT Packages;
Nuclear Waste Safety for
Workers
• Crowther Sanitary Sewer Pipeline, City of
Placentia - Construction Manager (Current)
• Diversion Pipeline, City of Culver City - PM/
CM (2019-2021)
• 8-inch & 12-inch Water Main and 24-inch
Sewer Transmission Main, City of El Monte
- PM (Current)
• Sewer Line Crossing at Johnson Avenue
and the Railroad, City of El Monte - PM/
Senior Engineer (Current)
• Sewer Main Along Portuguese Bend, City of
Rolling Hills - PM/Senior Engineer (Current)
• Cerritos Avenue & South Street Water
Main Replacement, City of Anaheim - PM
(Current)
Julian
Palacios, PE
60%
QA/QC
Manager 21
M.S. Environmental
Engineering; B.S. Civil
Engineering; Civil Engineer
(CA) No. 67735; Civil
Engineer (Mexico) Cedula
Professional No. 2760774;
Urban Water Management
Plan Certificate
• Sewer Main Line Design, City of El Centro -
PM (2018-2021)
• Eucalyptus and Citrus Avenue Sewer
Capacity Improvements, City of Vista - PM
(Current)
• Marketplace Del Rio Trunk Sewer
Replacement, City of Oceanside - PM
(2017-2021)
• Cerritos Avenue & South Street Water Main
Replacement, City of Anaheim - Project
Engineer (Current)
India Woodruff
70%
Project
Engineer/
Designer
6 M.S. Civil Engineering
(Coastal Engineering);
B.S. Civil Engineering;
Metrolink Railroad Safety
Contractor Safety Trained,
No. 26471E22
• Crowther Sanitary Sewer Pipeline, City of
Placentia - Assistant Construction Manager
(Current)
• Bankfield Sewage Pump Station, City of
Culver City - Assistant Project Manager
(Construction) (October 2018-August 2020
• Sewer Line Crossing at Johnson Avenue
and the Railroad, City of El Monte - Project
Engineer (Current)
STAFF QUALIFICATIONS
Our team has the ability to deliver quality products on schedule and within budget. The chart below provides names, availability, roles, education, experience, applicable professional licenses and credentials, and recent and relevant project experience. Resumes for key staff members are included in the Appendix.
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | 9 C. QUALIFICATIONS AND EXPERIENCE
NAME/
AVAILABILITY ROLE YEARS
EDUCATION,
CERTIFICATIONS +
LICENSES
RECENT AND RELEVANT PROJECT
EXPERIENCE
James
DeMonaco
40%
Project
Engineer/
Designer
(Cost
Estimating)
11 South Seattle College
Sustainable Building
Science and Technology
• Crowther Sanitary Sewer Pipeline, City of
Placentia - Assistant CM (Current)
• Cerritos Avenue & South Street Water
Main Replacement, City of Anaheim -
engineering services during construction
(Current)
• Azusa Sewer Lift Station Upgrade Phase
II Site Improvement, City of West Covina -
Assistant Construction Manager (Current)
• Nevada-Bodger Sewer Improvements, City
of El Monte - Assistant PM (Current)
Gerald Tom,
PE, TE
60%
Project
Engineer/
Designer
14 B.S. Civil Engineering; Civil
Engineer (CA) No. 51209;
Traffic Engineer (CA) No.
2541
• Plan Check & Traffic Engineering Services,
City of Compton - Plan Check Engineer
(Current)
• General Engineering (Staff Augmentation),
City of Laguna Woods - City/Traffic
Engineer (Current)
• On-Call City Engineering (Staff
Augmentation), City of La Habra Heights -
City Engineer (Current)
Rafael
Gutierrez
90%
CAD Design 15 A.A. Computer-aided
Drafting & Design
• Sewer Line Crossing at Johnson Avenue
and the Railroad, City of El Monte - CAD
Design (Current)
• Crowther Sanitary Sewer Pipeline
Replacement, City of Placentia - CAD
Design (Current)
• Sewer Main Along Portuguese Bend, City of
Rolling Hills - CAD Design (Current)
• Diversion Pipeline, City of Culver City - CAD
Design (2019-2021)
• Cerritos Avenue & South Street Water
Main Replacement, City of Anaheim - CAD
Design (Current)
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | 10 C. QUALIFICATIONS AND EXPERIENCE
UNDERSTANDING OF ISSUES AND CHALLENGES
Notable issues include the following, which must be
evaluated and/or corrected on the new plans:
1) The current plans have an expired engineering
stamp that cannot be used now in construction.
The City additionally does not wish to go back to the
original design engineer to update the plans. NV5
will review, update and stamp the updated plans
and specifications.
2) Review of the specifications reveals that the
specifications are in the old CSI format, which,
likewise, will contain old references — for example,
the 2003 MUTCD. Some materials, for example,
may not be available since the writing of the
original specifications. Specifications must be
evaluated for old references and out-of-date
materials and brought up-to-date.
3) Additionally, the City’s Front End and Special
Provisions are dated 2011 and should be brought
up-to-date with the City’s current edition.
4) Bid quantities will be evaluated along with the
bid item descriptions. For example, quantities for
paving is in LF, not SF, and doesn’t seem to match
the LF of the sewer line — at least according to the
bid quantities in the specifications.
5) Understanding of the City’s budget and funding
requirements is key in final design. The sewer
can be scaled back and/or different construction
methods can be utilized, such as the elimination
of the jack and bore, or the elimination of bypass
pumping via working with the Department of Public
Health for alternative water sewer construction may
be undertaken to lower construction costs.
6) The Cost Estimate is vastly out-of-date. COVID-19
and a lack of materials has driven construction
pricing beyond ordinary annual increases. NV5 will
provide an updated cost estimate based on the
updated bid quantities.
7) Phasing of the project and specification
requirements should be reviewed to ensure that
the Contractor constructs the project in a manner
that will not cause sewer overflows or if bypassing
is required that it is specifically spelled out to
avoid an in-construction change order for changed
conditions.
8) City traffic control requirements, including
elements such as keeping bus lanes open or
working with transit to close bus stops, should be
evaluated and noted in the Special Provisions.
9) The City’s Traffic Control provisions and
requirements for regular working hours, nighttime
or weekend work should be spelled out in the
Special Provisions.
10) Site Restoration should be re-evaluated to
meet the City’s requirements for either full street
restoration if possible within City’s budget, or the
simple T-Cut trench restoration.
11) Specifications must include a notification to
affected businesses and residents, and NV5 will
evaluate the adequacy of this PR process within the
specifications.
12) Future overflow prevention could be enhanced
with strategic smart covers on manholes if the City
wishes to consider these elements and they are
within the City’s budget.
There are additional elements of the sewer line that
may afford a significant cost savings metrics as
follows:
1) Certain intersections appear to have the sewer
installed with jack-and-bore installation methods.
Jack and bore is typically utilized in areas where
open cut is not feasible, such as underneath
railroad tracks, or in areas where trenching is not
allowed, such as Caltrans right-of-ways. However,
it appears here that jack and bore is being utilized
as a method of eliminating traffic congestion during
construction at an extreme construction cost.
Jack-and-bore construction methods are expensive
and require different equipment and different
contractors. In an effort to save construction costs,
NV5 suggests that these locations of jack and bore
across intersections should be evaluated against
other construction elements such as night work
and conventional trench cut and cover construction
that would ease the City’s concerns over traffic.
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | 11 C. QUALIFICATIONS AND EXPERIENCE
2) Replace-in-place sewer line construction requires
a bypass in order to bring the existing flow from
upstream to downstream while the new sewer
line is rebuilt in-place. With enough real estate
available within the roadway, it is possible that at
key locations replace-in-place could be eliminated
in many locations, thus reducing the construction
costs by eliminating the continuous construction
sewer bypassing.
3) Department of Public Health requires certain
horizontal and vertical water sewer separation.
For example, the required horizontal distance
from a sewer line to a water line is 10 regardless
of the vertical separation. There are certain
things that can be done, such as building sewer
line as pressure pipeline with pressure pipelinerated restrained joints instead of VCP or other very low pressure pipeline non-restrained joints
that the Department of Public Health will accept
as an alternative to the required separations,
allowing the design to lower the required sewer
water separation. There are places within the
original design that do not appear to meet these
standards, and the Department of Public Health
must be notified and provide its concurrence
with an alternate design such as restrained
pressure pipeline in order to lower the sewer water
separation.
4) In keeping with the preceding element of lower
sewer water separation distances, revising the
design and alerting the Department of Public
Health Services to different standards, such as
pressure pipeline with restrained joints, could
additionally assist the City with the development
of a non replace-in-place sewer line, allowing
the existing sewer line to remain online until
construction is completed, eliminating the need
and costs of construction sewer line bypassing.
WHAT MAKES NV5
UNIQUELY QUALIFIED
TO PROVIDE THESE
SERVICES TO THE CITY?
Strong Design
Background
+ Relevant
Experience
Understanding
+ Delivering
Upon the Need
of the City
Ability to
Maintain
Close Working
Relationships
with City
Staff
Able to
Oversee,
Manage +
Control
Schedules
and Cost
Dedicated
+ Qualified
Professional
Team
Members
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | 12 DATES: SEPTEMBER 2020-CURRENT; KEY PERSONNEL: LUANNE BEAN (PM/SENIOR ENGINEER); AMIR MANSOUR (PROJECT ENGINEER); RAFAEL GUTIERREZ (CAD DESIGN); CONTACT: ALAN PALERMO, PROJECT MANAGER, 310.717.3244, [email protected]
SEWER MAIN ALONG PORTUGUESE BEND
CITY OF ROLLING HILLS | ROLLING HILLS, CA
Our team is providing engineering design services for the 8-inch sewer main along Portuguese Bend Road/ Rolling Hills Road. The City evaluated the feasibility of connecting a portion of the City to a nearby existing wastewater conveyance system. Based on the sewer feasibility study, it was recommended to install a new 8-inch sewer main along Portuguese Bend Road and upgrade the existing sewer main along Rolling Hills Road to a 10-inch and 12-inch sewer main prior to connecting to the Los Angeles County Trunk line. The City has requested that the project be split such that Phase 1 becomes the new 8-inch sewer from Rolling Hills to the existing 8-inch sewer in Rolling Hills Estates and Phase 2 becomes the new Sewer Upgrades in the City of Torrance. Services include a CEQA process overview; utility research; survey and base map preparation; preparation of plans, and construction support services.
C. QUALIFICATIONS AND EXPERIENCE
DATES: JUNE 2022-CURRENT; KEY PERSONNEL: LUANNE BEAN
(PM AND SENIOR ENGINEER); RAFAEL GUTIERREZ (DESIGNER);
INDIA WOODRUFF (PROJECT ENGINEER);
CONTACT: LEE TORRES, CITY ENGINEER, 626.580.2055,
[email protected]
SEWER LINE CROSSING AT JOHNSON
AVENUE AND THE RAILROAD
CITY OF EL MONTE | EL MONTE, CA
Our team is providing emergency engineering
design services for the Sewer Line Crossing at
Johnson Avenue and the Railroad. Due to an
additional railroad track proposed by SCRRA, the
City must encase an 8-inch gravity sewer line that
runs north from Johnson Avenue underneath the
railroad tracks to the alley beyond. A new 12-inch
sewer main will be jack and bored at the southern
limit of the railroad right-of-way at Johnson Avenue,
underneath the existing and future railroad rails,
overtop the slot within the Los Angeles County
Flood Control District’s existing storm drain, to the
alley just north of the existing railroad right-of-way.
Services include preparing the plans, specifications
and estimate; utility research; preparing plans for
temporary water high lining and sewer bypassing to
keep the facilities online during construction; land
surveying; geotechnical report; and coordination
with the railroad.
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | 13 DATES: JULY 2021-CURRENT; KEY PERSONNEL: LUANNE BEAN (CM), INDIA WOODRUFF (ASSISTANT CM), JAMES DEMONACO (ASSISTANT CM), RAFAEL GUTIERREZ (DESIGNER), HAYKAZ AGHAJANIAN (SENIOR INSPECTOR), CARLOS BARRIOS (ALTERNATE INSPECTOR); NV5 GEOTECH (SOILS COMPACTION TESTING); CONTACT: MASOUD SEPAHI, PE, CITY ENGINEER, 714.993.8132, [email protected]
CROWTHER SANITARY SEWER PIPELINE REPLACEMENT
CITY OF PLACENTIA | PLACENTIA, CA
Our team is providing engineering, construction management, inspection services and materials testing services for the Crowther Sanitary Sewer Pipeline Replacement project. The scope of work includes replacement of approximately 7,400 linear feet of gravity sewer pipeline in Crowther Avenue, Placentia Avenue, and Orangethorpe Boulevard, located within the Cities of Placentia and Fullerton. The work involves installation of 15-inch, 18-inch, and 22-inch PVC and fused HDPE sewer pipeline and manholes.
The work also includes reconnection into all of the existing gravity mains and service laterals with a terminus tie-in connection at the existing Orange County Sanitation District’s trunk line on State College Boulevard. The project, which includes an encasement crossing underneath the 57 freeway in Caltrans right-of-way, involves coordination with multiple agencies, including Caltrans, the Orange County Sanitation District, Golden State Water, Department of Health Services, the City of Fullerton, and other utility and governmental agencies. Working in high-traffic areas, as well as a jack-and-bore crossing underneath the Orange County Flood Control District’s flood control channel and a jack-and-bore crossing underneath the BNSF railroad, and multiple crossings of Southern California Gas Co.’s high-pressure gas feeder, are among the project’s challenges.
C. QUALIFICATIONS AND EXPERIENCE
DATES: MARCH 2020-CURRENT; KEY PERSONNEL: LUANNE BEAN (PM); JAMES DEMONACO (ENGINEERING SERVICES DURING CONSTRUCTION); JULIAN PALACIOS, STEVEN GRANADOS (PROJECT ENGINEERS); RAFAEL GUTIERREZ (DESIGNER); CONTACT: ROBERT HOANG, PROJECT MANAGER, 714.765.4229, [email protected]
CERRITOS AVENUE & SOUTH STREET
WATER MAIN REPLACEMENT
CITY OF ANAHEIM | ANAHEIM, CA
NV5 is preparing the plans, specifications and cost
estimates for the installation of new water mains
at Cerritos Avenue and South Street. The project
includes replacing existing 10-inch Cast Iron Pipe
(CIP) and 6-inch Asbestos-Cement Pipe (ACP) with
approximately 2,700 LF of new 12-inch Ductile Iron
Pipe (DIP) from Brookhurst Street to Nutwood Street
with four tie-in connections to existing water mains;
replacing existing 8-inch CIP with approximately
350 LF of new 12-inch DIP from Disneyland Drive
to Hazelwood Street with three tie-in connections
to existing water mains; installing nine 12-inch gate
valves and four fire hydrant assemblies on the new 12-inch mains; disconnecting and removing four hydrants on the existing mains; and replacing all existing lateral domestic water services on the existing 8- and 10-inch CIP and 6-inch ACP with new services on the 12-inch DIP.
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | 14 C. QUALIFICATIONS AND EXPERIENCE
DATES: MARCH 2019-2021; KEY PERSONNEL: LUANNE BEAN
(PM/CM); CONTACT: HONG WANG, PE, SENIOR CIVIL ENGINEER, 310.253.5604, [email protected]
DIVERSION PIPELINE
CITY OF CULVER CITY | CULVER CITY, CA
NV5 provided engineering, construction
management and inspection services for the
construction of diversion pipes via trenchless
jack and bore methods to abandon Mesmer and
Overland Sewer Pump Stations, which involved
extensive coordination with Caltrans, the City of
Los Angeles, and the City of Culver City for these
jack and bore pipelines underneath the I-405 and
90. The goal of the project was to divert flows from
four of the City’s sewer pump stations to a new
sewage pump station, Bankfield Station, which is
another project in which NV5 provided construction
management and inspection services during
construction.
QUALITY ASSURANCE/QUALITY CONTROL
Our design quality assurance/quality control program was developed bearing in mind an agency’s control over a project outcome decreases and the cost of fixing a design problem increases exponentially over time, as shown at right:
A review of the graph reveals the most effective
quality assurance programs focus on activities at the
beginning of the design effort rather than waiting until the end, when little budget still remains. However,
as the City knows, these plans are already at 100%
completion, so a somewhat modified quality assurance
element is needed here as follows:
• Two-engineer rule. To bring a team approach to
problem-solving and avoid the danger of blind spots,
our engineering deliverables are reviewed by two
licensed engineers to assure a second set of eyes
reviews all work.
• Red Line-Yellow Line and Constructability Reviews. A final red-line/yellow-line quality assurance review will be conducted by a licensed engineer for each deliverable prior to sending the deliverable to the City.
While not specifically called for, these reviews go to a limited extent of assuring constructability of the overall project throughout each step of the design process by utilizing NV5’s seasoned quality assurance engineers.
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | 15 D. PROJECT WORK PLAN AND SCHEDULE
PROJECT WORK PLAN AND SCHEDULE
In order to perform these services for the City, NV5
assumes the following limited scope of work:
1) NV5 will have a kickoff meeting with the City to
receive and understand the City’s project-specific
needs. The project requirements, project funding,
and project budget will be discussed.
Deliverable: Meeting Minutes
Milestone: Assumed 8/1/23
2) NV5 will perform a technical constructability
review and bring suggestions to the City for
consideration of potential cost-savings metrics as
discussed in the Project Understanding and as
follows.
•NV5 will identify elements where jack-andbore construction methods are being utilized and meet with the City to determine if open
trenching at night, for example, with the
appropriate traffic control restrictions can be
placed on the Contractor to convert these
areas to conventional trenching, which can be
done to save the City money.
•NV5 will identify areas where bypassing is
required, and if by changing the specifications
and working with the Department of Public
Health, a non-replace-in-place sewer line can
be built adjacent, keeping the existing sewer
line online until completion of construction.
NV5 will work with the City to identify these
areas and the Department of Public Health to
seek exemptions.
Deliverable: Constructability Review Comments
3) NV5 will meet with the City and present and
discuss the constructability review findings. Upon
receiving direction from the City, NV5 will proceed
with the technical constructability review findings
incorporation into the plans and specifications.
Deliverable: Meeting Minutes
4) The underground utility research will have to
be performed again due to the nearly 7 years that
have passed since it was previously done. NV5
will contact the underground utilities and request
current as-builts. Evaluation of the underground
utilities and research is on the critical path due to
the fact that many utility agencies take up to 10
weeks to respond to requests for information.
Deliverable: Underground Utility incorporated into
final plans, see item 12.
5) Once the new underground utility as-builts are
received, NV5 will compare any new as-builts to
what is currently shown on the plans and update
the electronic plans.
Deliverable: Underground Utility incorporated into
final plans, see item 12.
6) NV5 will update the technical specifications,
updating references to expired codes and outdated
material elements such as AWMD references or
paint types. Bringing the specifications into the
current CSI format is not anticipated to be needed
and, therefore, not included.
The following elements will be evaluated:
Project Phasing
•Notifications to Residents
•Notifications to City and other Agencies
•Traffic Control
•Transit and Bus Routes
•Site Restoration
•City Standards
•Hours of Work
•Prevention of Future Overflow with Smart
Covers
Deliverable: PDF of complete Specifications
7) Updates to the City’s Front Ends and Special
Provisions should be examined.
Deliverable: PDF of complete Specifications
8) Surveying and CAD Files.
•Surveying: NV5 understands that there is no
survey or topo within CIP No. 10-21/JN 150S
indicating the various utilities, roadway, curb
and gutter, etc. for the added limited reach for
the 400 LF of Pearl Avenue Sewer Additions
between Rosecrans Avenue and East Kay
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | 16 D. PROJECT WORK PLAN AND SCHEDULE
Street. Therefore, NV5 will research survey
mapping control of record within the limited
additional project area (Pearl Avenue between
Rosecrans Avenue and East Kay Street) from
Los Angeles County for this limited reach. NV5
will provide necessary survey crew coordination
and office support to dispatch survey crews
with necessary support data as follows:
•Horizontal, Vertical & Boundary Control: NV5
will establish project horizontal control based
on the California Coordinate System of 1983
(NAD 83), Zone V, found monuments and
record information. No Title Reports have been
provided or are anticipated to be needed. The
Vertical Datum shall be the North American
Vertical Datum of 1988 (NAVD 88) derived
from Los Angeles County Benchmarks at or
near the project site.
•Topographic Survey Field Locations and
Elevations: NV5 will obtain ground specific
locations and elevations within the defined
mapping limits. The survey will include existing
roadways, concrete walkways, ADA ramps,
curbs, gutters, pavement and visible above
ground utilities. Visible and accessible drainage
structures and manholes will be surveyed
to show ground location and elevations and
inverts
•Compile Topographic Survey Map: NV5 will
prepare a Topographic Survey Map based per
the proposed Pearl Avenue Sewer Additions
between Rosecrans Avenue and East Kay
Street and mapping limits. Deliverables will be
a Version 2022 AutoCAD Civil3D file along with
a PDF exhibit of the work area. Mapping will be
in conformance with 2021 Minimum Standards
for ALTA\NSPS Land Title Surveys, with a
plotting scale of 1”= 20’ and equivalent vertical
accuracy for 0.5’ contours intervals.
•Filing/recording any Records of Survey or
Corner Records is excluded from this proposal.
•This surveying work is based on information
from the City that the project is a Prevailing
Wage rate project in the State of California.
•For the existing 29 sheets, NV5 will update
these CAD files for Constructability Review
considerations agreed upon with the City
and will additionally update the files for any
additional new or modified underground
utilities noted from our research. For the new
reach (Pearl Avenue Sewer Additions between
Rosecrans Avenue and East Kay Street), it is
anticipated that one additional plan and profile
sheet will be needed.
Deliverable: Underground Utility incorporated into
final plans, see item 12.
9) NV5 will update the Bid Sheet and Bid Sheet
explanations to align with the new cost estimate to
be provided.
Deliverable: Construction Cost Estimate
10) NV5 will perform a new Construction Cost
Estimate. Consideration will be given to the volatile
materials market with influences provided from the
recent COVID-19 impacts and are not guaranteed.
A Contingency is recommended.
Deliverable: Construction Cost Estimate
11) Final QA Check will be performed prior to
issuing signed plans and specifications to the City.
12) Final plans will be delivered electronically in
eTransmit with AutoCAD and on PDF files to the
City.
Deliverable: eTransit AutoCAD Files and PDF of
final plans
Milestone: 4.5 months after NTP
Assumptions
13) The City has the electronic survey topo and it is
accurate, which formed the Basis of Bearing on G1
such that re-surveying will not be required.
14) NV5 assumes that the City has an existing
geotechnical engineering report and will not be
performing additional geotechnical explorations for
this project. If there is no geotechnical report, NV5
can provide to the City a cost estimate to perform
this additional service.
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | 17 D. PROJECT WORK PLAN AND SCHEDULE
15) NV5 assumes that additional potholing is
not required. If during the constructability review,
it becomes evident that additional potholing
is required, NV5 can submit to the City for its
consideration a cost estimate to perform this
additional service.
16) NV5 assumes that the City has the electronic
CAD files for the 29 sheets. NV5 will utilize the
prior engineering AutoCAD files, and to the best of
our ability will perform a cursory quality assurance
check on these files but assumes no liability or
responsibility for latent defects in these files that
may not be discovered within our cursory quality
assurance check.
17) The City has made Updates to the City’s Front
Ends and Special Provisions, and will provide these
new documents to NV5 for incorporation into the
final project Specifications.
18) Updating Specifications to new CSI format is
not required.
PROVIDING RELIABLE & RESPONSIVE PROFESSIONAL SERVICES USING LOCAL KNOWLEDGE FROM PREVIOUS LOCAL AGENCY PARTNERSHIPS AND EXPERIENCE MEETING THE CITY’S NEEDS
PROVIDING RELIABLE, RESPONSIVE AND COST-EFFECTIVE ENGINEERING SERVICES USING LOCAL KNOWLEDGE FROM PREVIOUS LOCAL AGENCY PARTNERSHIPS AND EXPERIENCE MEETING THE CITY’S NEEDS:
UNDERSTANDING THE NATURE OF AS-NEEDED CONTRACTS AND ITS
CHALLENGES ALLOWS US TO MEET YOUR NEEDS AND ACHIEVE YOUR GOALS
MOBILIZE QUICKLY
TO PROVIDE SERVICES
CLEAR COMMUNICATION
ONE POINT OF CONTACT
EQUIPPED
WITH RESOURCES
QUICK RESPONSES TO
ISSUES AND CONCERNS
WHY NV5?
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | 18 D. PROJECT WORK PLAN AND SCHEDULE
ID Task
Mode
Task Name Duration Start Finish PredecessorsConstraint
Date
1 PREPARE AN UPDATE OF THE PLANS, DESIGN AND
SPECIFICATION FOR THE PEARL AVENUE SEWER
REPLACEMENT PROJECT IN THE CITY OF COMPTON,
CALIFORNIA
87 days Mon 7/10/23 Wed
11/22/23
NA
2 NTP Received from City 1 day Mon 7/10/23 Mon 7/10/23 Mon 7/10/23 3 Kick Off Meeting 1 day Tue 8/1/23 Tue 8/1/23 2FS+5 days NA 4 Constructability Review 15 days Wed 8/2/23 Tue 8/22/23 3 NA 5 Constructability Review Meeting 1 day Wed 8/30/23 Wed 8/30/23 4FS+5 days NA 6 Underground Research 10 wks Wed 8/2/23 Tue 10/10/23 3 NA 7 Update Plans for New Underground Research 25 days Wed 9/20/23 Tue 10/24/23 6FS‐15 days NA 8 Update Technical Specifications 21 days Wed 8/2/23 Wed 8/30/23 3 NA 9 Updates to City's Front Ends and Special
Provisions
21 days Wed 8/2/23 Wed 8/30/23 3 NA
10 Update Plans 25 days Wed 10/11/23 Tue 11/14/23 5,6 NA 11 Update Bid Sheets 21 days Tue 10/17/23 Tue 11/14/23 10FF NA 12 Provide Cost Estimate 10 days Wed 11/1/23 Tue 11/14/23 10FF NA 13 QA Check 5 days Wed 11/15/23 Tue 11/21/23 12,10 NA
14 eTransmit/AutoCad Files & Specifications 1 day Wed 11/22/23 Wed 11/22/2313 NA 11/22
7/10 7/10
8/1 8/1
8/2 8/22
8/30
8/2 10/10
9/20 10/24
8/2 8/30
8/2 8/30
10/11 11/14
10/17 11/14
11/1 11/14
11/15 11/21
11/22
2 9 16 23 30 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 Jul '23 Aug '23 Sep '23 Oct '23 Nov '23 De
Critical
Critical Split
Critical Progress
Task
Split
Task Progress
Manual Task
Start-only
Finish-only
Duration-only
Baseline
Baseline Split
Baseline Milestone
Milestone
Summary Progress
Summary
Manual Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Milestone
Inactive Summary
Deadline
Compton Schedule.mpp
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | 19 E. APPENDIX
SR-55 Water Projects
CITY OF SANTA ANA | SANTA ANA, CA
Constructability Review. Ms. Bean provided constructability review services for the Ritchey Street Water Main Relocation (Project No. 19-6438), SA-7 Pressure Reducing Station Relocation (Project No. 19-6439), and SR-55 Water Crossing Relocation (Project No. 19-6440). Our services included a complete review of the project plans, specifications and cost estimates.
Constructability review included looking at a congested underground utility area, evaluation of Caltrans requirements, and looking at multiple jurisdictional City requirements, with some work being performed via easements on private property.
Bolsa Chica Water Well Improvements Project CIP No. WT1603 CITY OF SEAL BEACH | SEAL BEACH, CA
Constructability Review. Ms. Bean provided constructability review services for the Bolsa Chica Water Well Improvements Project CIP No. WT1603. 8-inch & 12-inch Water Main and 24-inch Sewer Transmission Main CITY OF EL MONTE | EL MONTE, CA
Project Manager. Ms. Bean is the City’s Project Manager providing engineering and coordination services for the SCRRA Metrolink Commuter Rail Expansion SCORE Phase I project, which will require retrofitting of 3 independent casings crossing underneath the newly proposed railroad tracks.
Sewer Line Crossing at Johnson Avenue and the Railroad
CITY OF EL MONTE | EL MONTE, CA
Project Manager/Senior Engineer. Ms. Bean is responsible for providing emergency engineering design services for the Sewer Line Crossing at Project Experience
Ms. Bean has more than 30 years of experience in the engineering, design, and construction of water and wastewater projects. As a Registered Civil Engineer and a former Class A General Engineering Contractor, Ms. Bean has seen construction from both sides of the fence. Her technical skills include specialized structural analysis and design of large 600-MGD water treatment plants, pipelines up to 12 feet in diameter, mechanical analysis, SCADA & I&C oversight and coordination, diesel generator design and AQMD permitting, the preparation of engineering plans, specifications and cost estimates, as well as construction management. She has held various positions with many public agencies, including Structural Discipline Director for Southern Nevada Water Authority’s $6B CIP program, City Engineer for the Indio Water Authority, Project Manager for the Metropolitan Water District, and Project Officer in charge of disaster funding across three states and five counties for FEMA.
LUANNE BEAN, PE
Project Manager/Senior Engineer
EXPERIENCE
30 years
EDUCATION
M.S. Civil Engineering
B.S. Civil Engineering
LICENSES
Civil Engineer (CA)
No. 50129
Former Class A General
Engineering Contractor
REGISTRATIONS
FEMA OPS - I
HAZMAT First Responder/
Operations Level
DOT Offers of Bulk
and Non-Bulk HAZMAT
Packages
Nuclear Waste Safety
for Workers
CONTACT INFO
[email protected]
RESUMES
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | B1
RESUMES
Johnson Avenue and the Railroad. Due to an additional railroad track proposed by SCRRA, the City must encase an 8-inch gravity sewer line that runs north from Johnson Avenue underneath the railroad tracks to the alley beyond. A new 12-inch sewer main will be jack and bored at the southern limit of the railroad right-of-way at Johnson Avenue, underneath the existing and future railroad rails, overtop the slot within the Los Angeles County Flood Control District’s existing storm drain, to the alley just north of the existing railroad right-of-way. Services include preparing the plans, specifications and estimate; utility research; preparing plans for temporary water high lining and sewer bypassing to keep the facilities online during construction; land surveying; geotechnical report; and coordination with the railroad.
Sewer Main Along Portuguese Bend
CITY OF ROLLING HILLS | ROLLING HILLS, CA
Project Manager/Senior Engineer. Ms. Bean is responsible for providing engineering design services for the 8-inch sewer main along Portuguese Bend Road/Rolling Hills Road. The City evaluated the feasibility of connecting a portion of the City to a nearby existing wastewater conveyance system. Based on the sewer feasibility study, it was recommended to install a new 8-inch sewer main along Portuguese Bend Road and upgrade the existing sewer main along Rolling Hills Road to a 10-inch and 12-inch sewer main prior to connecting to the Los Angeles County Trunk line. The City has requested that the project be split such that Phase 1 becomes the new 8-inch sewer from Rolling Hills to the existing 8-inch sewer in Rolling Hills Estates and Phase 2 becomes the new Sewer Upgrades in the City of Torrance. NV5’s services include a CEQA process overview; utility research; survey and base map preparation; preparation of plans, and construction support services.
Diversion Pipeline
CITY OF CULVER CITY | CULVER CITY, CA
Project Manager/Construction Manager. Ms. Bean oversaw the team that provided engineering, construction management and inspection services for the construction of diversion sewer pipes to abandon Mesmer and Overland Sewer Pump Stations. The project involved both the conventional cut and cover of 25- to 30-foot-deep sewer mains in less than ideal soils conditions in the groundwater, as well as the trenchless jack and bore crossings underneath the Caltrans I-405 and Highway 90. The goal of the project is to divert flows from four of the City’s sewer pump stations to a new sewage pump station, Bankfield Station, which is another project for which NV5 is providing construction management and inspection services during construction.
California Avenue Sewer Main
CITY OF CORONA | CORONA, CA
Project Manager/Construction Manager. As part of the Arantine Hills Sewer projects, Ms. Bean oversaw the construction management and inspection services on the California Avenue Sewer Main project, which consisted of nearly 9,000 LF of sewer main up to 24 feet deep within the congested City streets. After initial potholing, some extensive field rework was required to fit the sewer line into the City streets due to unforeseen conflicts not originally shown on the plans. These conflicts were found during potholing and necessitated going back to the Department of Health for encroachment to the City’s potable water line with the new sewer construction. NV5 also has provided public outreach and full-time soils compaction testing for the cut-and-cover conventional trench and bore-and-jack construction through congested intersections.
This project served the final completed run connecting the Arantine Hills Lift Station to the Arantine Hills Force Main through this gravity interceptor, allowing conveyance of the City’s sewer to its downtown treatment plant.
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | B2
RESUMES
Lake Boulevard Sewer Improvements
CITY OF OCEANSIDE | OCEANSIDE, CA
Project Manager. Mr. Palacios oversaw the preparation of construction documents for a gravity sewer line replacement along Lake Boulevard and College Boulevard in Oceanside. The existing gravity system utilizes an aboveground cast iron pipe supported by concrete pillars to convey wastewater across Buena Vista Creek and connects to a main trunk sewer pipeline. The project includes rerouting existing 8-inch and 12-inch gravity sewers, a 16-inch force main, and a 6-inch lateral from an adjacent senior community center and reconnecting these pipelines to the proposed 15- inch sewer along Lake Boulevard and College Boulevard.
Imperial Avenue Sewer Pipeline Improvements
CITY OF EL CENTRO | EL CENTRO, CA
Project manager. The 30-inch VCP pipeline is located within the Imperial Avenue roadway, a key North/South traffic route for accessing Interstate
8. The 2-mile alignment is adjacent to the regional hospital, two schools, residential areas, high traffic intersections, and a business district. The pipeline deteriorated due to normal wear and tear, initial construction, seismic events, and surface loading. He reviewed the CCTV videos provided by the City, developed alternatives to address identified deficiencies and oversaw the preparation of design documents for bidding. He directed NV5’s surveying and engineering services and coordinated utility potholing and geotechnical investigation. He also coordinated with Caltrans and Union Pacific Railroad, as portions of the improvements fall within their right-of-way.
Cerritos Avenue & South Street Water Main Replacement
CITY OF ANAHEIM | ANAHEIM, CA
Project Engineer. Mr. Palacios is providing engineering design services for the installation of new water mains at Cerritos Avenue and South Street.
Project Experience
Mr. Palacios is a senior project manager in NV5’s water group. He provides engineering for a variety of water and wastewater projects, including planning, engineering design, construction services and feasibility studies for water and wastewater treatment, water distribution, wastewater collection, and hydraulic modeling of water and wastewater systems. He has been involved in projects with the Border Environment Cooperation Commission for several communities in the Imperial Valley to improve their water and wastewater infrastructure, and in development of minimum requirements for applying the sustainable development criteria on all of their projects. He is fluent in Spanish.
JULIAN PALACIOS, PE
QA/QC Manager
EXPERIENCE
21 years
EDUCATION
M.S. Environmental
Engineering
B.S. Civil Engineering
LICENSES
Civil Engineer (CA)
No. 67735
Civil Engineer (Mexico)
Cedula Professional No.
2760774
Urban Water Management
Plan Certificate
CONTACT INFO
[email protected]
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | B3
RESUMES
Crowther Sanitary Sewer Pipeline Replacement Project
CITY OF PLACENTIA | PLACENTIA AND FULLERTON, CA
Assistant Construction Manager. Ms. Woodruff is serving as Assistant Construction Manager for this project, which includes replacement of approximately 7,400 linear feet of gravity sewer pipeline in Crowther Avenue, Placentia Avenue, and Orangethorpe Boulevard, located within the Cities of Placentia and Fullerton. The work involves installation of 15-inch, 18-inch, and 22-inch PVC and fused HDPE sewer pipeline and manholes.
The work also includes reconnection into all of the existing gravity mains and service laterals with a terminus tie-in connection at the existing Orange County Sanitation District’s trunk line on State College Boulevard. The project, which includes an encasement crossing underneath the 57 freeway in Caltrans right-of-way, involves coordination with multiple agencies, including Caltrans, the Orange County Sanitation District, Golden State Water, Department of Health Services, the City of Fullerton, and other utility and governmental agencies. Working in high-traffic areas, as well as a jackand-bore crossing underneath the Orange County Flood Control District’s flood control channel and a jack-and-bore crossing underneath the BNSF railroad, and multiple crossings of Southern California Gas Co.’s highpressure gas feeder, are among the project’s challenges.
Bankfield Sewage Pump Station
CITY OF CULVER CITY | CULVER CITY, CA
Assistant Project Manager (Construction). The project included constructing a new wet well, which included submersible pumps, backup system, mechanicals, HVAC systems, manholes, electrical equipment, PLC, MCC/VFDs, ATS, perimeter wall, including gates and gate operators, electrical building, ATS, appurtenances, AC paving and grading, and landscaping.
Lemon Booster Pump Station
CALIFORNIA AMERICAN WATER | BRADBURY, CA
Assistant Project Manager (Construction). The project included constructing a new booster pump station, which included 2 (QTY) 700-gpm pumps, VFDs and associated appurtenances, mechanicals, connection to the distribution system, pressure-reducing bypass line, electrical and instrumentation, AC paving and grading, and coordination of required permits.
Project Experience
Ms. Woodruff is a proactive, self-motivated Assistant Construction Manager/Resident Engineer who has managed at-risk projects as a contractor in Southern California. She is experienced in Microsoft Office, Procore, Primavera P6, Microsoft Projects, AutoCad, and Revu Bluebeam.
Her solid negotiation and communication skills along with proven project management skills allow her to effectively interact with clients.
EXPERIENCE
6 years
EDUCATION
M.S. Civil Engineering
(Coastal Engineering)
B.S. Civil Engineering
LICENSES/
CERTIFICATIONS
Metrolink Railroad Safety
Contractor Safety Trained,
No. 26471E22
AWARDS
“Honors” AGC Construction
Project Management
Course, San Diego, CA -
January 2021
Ralph Alan Dusseau Award
for Civil & Environmental
Engineering, Glasboro, N.J.
- May 2016
CONTACT INFO
[email protected]
INDIA WOODRUFF
Project Engineer/Designer
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | B4
RESUMES
Crowther Sanitary Sewer Pipeline Replacement Project
CITY OF PLACENTIA | PLACENTIA AND FULLERTON, CA
Assistant Construction Manager. Mr. DeMonaco is serving as Assistant Construction Manager for this project, which includes replacement of approximately 7,400 linear feet of gravity sewer pipeline in Crowther Avenue, Placentia Avenue, and Orangethorpe Boulevard, located within the Cities of Placentia and Fullerton. The work involves installation of 15-inch, 18-inch, and 22-inch PVC and fused HDPE sewer pipeline and manholes.
The work also includes reconnection into all of the existing gravity mains and service laterals with a terminus tie-in connection at the existing Orange County Sanitation District’s trunk line on State College Boulevard. The project, which includes an encasement crossing underneath the 57 freeway in Caltrans right-of-way, involves coordination with multiple agencies, including Caltrans, the Orange County Sanitation District, Golden State Water, Department of Health Services, the City of Fullerton, and other utility and governmental agencies.
Cerritos Avenue & South Street Water Main Replacement
CITY OF ANAHEIM | ANAHEIM, CA
Mr. DeMonaco is providing engineering services during construction for the installation of new water mains at Cerritos Avenue and South Street. The project includes replacing existing 10-inch Cast Iron Pipe (CIP) and 6-inch Asbestos-Cement Pipe (ACP) with approximately 2,700 LF of new 12-inch Ductile Iron Pipe (DIP) from Brookhurst Street to Nutwood Street with four tie-in connections to existing water mains; replacing existing 8-inch CIP with approximately 350 LF of new 12-inch DIP from Disneyland Drive to Hazelwood Street with three tie-in connections to existing water mains; installing nine 12-inch gate valves and four fire hydrant assemblies on the new 12-inch mains; disconnecting and removing four hydrants on the existing mains; and replacing all existing lateral domestic water services on the existing 8- and 10- inch CIP and 6-inch ACP with new services on the 12-inch DIP.
Project Experience
EXPERIENCE
11 years
EDUCATION
South Seattle College
Sustainable Building
Science and Technology
CONTACT INFO
[email protected]
Mr. DeMonaco is a proven project manager with 11 years of experience executing substantial energy projects while leveraging a technical background in building electrical systems and building controls. He has overseen and completed large projects up to $12M dollars, domestically and internationally, on time and within budget. As a Project Manager, he has owned projects from start to finish and communicates effectively between all stakeholders, while generating high-quality reports and information. He works hard to maintain satisfaction among coworkers, customers and all stakeholders throughout his career and will spot problems early on and resolve them before they impact project schedule and budget.
JAMES DeMONACO
Project Engineer/Designer (Cost Estimating)
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | B5
RESUMES
Project Experience
Plan Check & Traffic Engineering Services
CITY OF COMPTON | COMPTON, CA
Plan Check Engineer. Mr. Tom is part of the NV5 team providing professional plan check services and traffic engineering services for the City’s Public Works Department. Services include technical plan check for engineering documents and plans. NV5 is also performing various Traffic Engineering Services such as review and recommendation and/or approval for Traffic Impact Analyses for public/private projects, warrant studies for traffic signal and/or stop signs installations, and various tasks.
On-Call City Engineering (Staff Augmentation)
CITY OF LA HABRA HEIGHTS | LA HABRA HEIGHTS, CA
City Engineer. Mr. Tom and our team provide comprehensive engineering services for assistance with project management, construction management and inspection, civil engineering design, NPDES, reviewing preliminary grading on planning applications, plan check applications, plan check for engineering and grading, review and approval of tentative and final tract maps, and other services typically provided to a municipality. Mr.
Tom also provides plan check services for all City plan reviews.
General Engineering (Staff Augmentation)
CITY OF LAGUNA WOODS | LAGUNA WOODS, CA
City Engineer. Mr. Tom and our team provide traffic and general engineering services on an as-needed basis. Services include: conducting and reviewing traffic engineering, traffic analysis, and transportation planning studies; providing analysis of existing and projected traffic conditions; providing electronic traffic control device studies and design; performing pedestrian studies; plan check services; and reviewing new development projects involving traffic impact analysis, modeling, and road impact fee analyses.
Mr. Tom has 34 years of progressive experience in design, technical specifications preparation, construction management, project management and personnel management. He has a thorough understanding of project management from the planning and design phases through the construction phase. His tasks have included preparing schedules, project budgets and materials and labor specifications, as well as coordinating with multiple stakeholders. He has evaluated transportation systems, managed traffic operations and maintenance programs, prepared and reviewed traffic impact studies, and reviewed and inspected the implementation of worksite traffic control plans.
EXPERIENCE
34 years
EDUCATION
B.S. Civil Engineering
LICENSES/
CERTIFICATES
Civil Engineer (CA)
No. 51209
Traffic Engineer (CA)
No. 2541
CONTACT INFO
[email protected] GERALD TOM, PE, TE
Project Engineer/Designer
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | B6
RESUMES
Sewer Line Crossing at Johnson Avenue and the Railroad
CITY OF EL MONTE | EL MONTE, CA
CAD Design. Mr. Gutierrez is providing CAD services for the emergency engineering design services for the Sewer Line Crossing at Johnson Avenue and the Railroad. Due to an additional railroad track proposed by SCRRA, the City must encase an 8-inch gravity sewer line that runs north from Johnson Avenue underneath the railroad tracks to the alley beyond. A new 12-inch sewer main will be jack and bored at the southern limit of the railroad right-of-way at Johnson Avenue, underneath the existing and future railroad rails, overtop the slot within the Los Angeles County Flood Control District’s existing storm drain, to the alley just north of the existing railroad right-of-way. Services include preparing the plans, specifications and estimate; utility research; preparing plans for temporary water high lining and sewer bypassing to keep the facilities online during construction; land surveying; geotechnical report; and coordination with the railroad.
Crowther Sanitary Sewer Pipeline Replacement Project
CITY OF PLACENTIA | PLACENTIA AND FULLERTON, CA
CAD Designer. Mr. Gutierrez is providing CAD design services for this project, which includes replacement of approximately 7,400 linear feet of gravity sewer pipeline in Crowther Avenue, Placentia Avenue, and Orangethorpe Boulevard, located within the Cities of Placentia and Fullerton. The work involves installation of 15-inch, 18-inch, and 22-inch PVC and fused HDPE sewer pipeline and manholes. The work also includes reconnection into all of the existing gravity mains and service laterals with a terminus tie-in connection at the existing Orange County Sanitation District’s trunk line on State College Boulevard.
Sewer Main Along Portuguese Bend
CITY OF ROLLING HILLS | ROLLING HILLS, CA
CAD Designer. Mr. Gutierrez is providing CAD design services for the 8-inch Sewer Main along Portuguese Bend Road/Rolling Hills Road.
Project Experience
Mr. Gutierrez has more than 15 years of experience as a design engineer for various civil engineering and capital improvement projects, including water/wastewater and transportation projects. As a design engineer, his qualifications include the ability to review and prepare plans, specifications and cost estimates; surveying; and establishing, maintaining and fostering positive working relationships with agency staff. Mr. Gutierrez is proficient in CAD and other design software. He also has extensive people skills and works well with executives, vendors, surveyors, project engineers, architects and drafters in a variety of work environments.
EXPERIENCE
15 years
EDUCATION
A.A. Computer-aided
Drafting & Design
CONTACT INFO
[email protected]
RAFAEL GUTIERREZ
CAD Design
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 | B7
COST PROPOSAL
City of Compton — Update of Plans, Design and Specifications for Pearl Avenue Sewer Replacement NV5 HOURS $ HOURS $ HOURS $ HOURS $ HOURS $ HOURS $
1 Kickoff Meeting 2 $390 2 $333 2 $240 2 $200 $1,163
2 Constructability Review 16 $3,120 16 $2,667 16 $1,920 $7,707 3 Constructability Review Meeting 4 $780 4 $667 2 $240 2 $200 $1,887 4 Underground Research 5 $975 18 $3,000 48 $5,760 $500 $10,235 5 Update Plans for New Underground Research 16 $3,120 24 $2,880 100 $10,000 $16,000 6 Update Technical Specifications 12 $2,340 32 $5,333 40 $4,800 $12,473 7 Updates to City's Front Ends and Special Provisions 8 $1,560 32 $5,333 48 $5,760 $12,653 8 Update Plans
8A Survey New Reach $0 3 $500 $0 $0 $10,500 $11,000
8B Update Existing Plans & New Sheet for New Reach 17 $3,315 56 $9,333 36 $4,320 140 $14,000 $30,968 9 Update Bid Sheets 2 $390 20 $2,400 $2,790
10 Provide Cost Estimate 13 $2,535 44 $5,280 $7,815
11 QA Check 13 $2,535 16 $2,667 18 $1,800 $7,002
12 eTransmit AutoCad/PDF Plans & Specifications 2 $390 4 $480 5 $500 $1,370 Subtotal 110 $21,450 179 $29,833 284 $34,080 267 $26,700 $10,500 $500 $123,063 TOTAL FEE $123,063
FEE PROPOSAL
CITY OF COMPTON
PROFESSIONAL ENGINEERING SERVICES
FOR PEARL AVENUE SEWER LINE REPLACEMENT UPDATE
PROJECT
MANAGER/QA/QC LEAD ENGINEER PROJECT
ENGINEER
CAD
DESIGNER
TOTAL
FEE
TASK
NO. WORK DESCRIPTION
$195 $167 $120
SURVEYING ODCS
$100
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF COMPTON
AND
NV5
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 NV5 (hereinafter referred to as “CONSULTANT”), located at 163 Technology Drive, Suite 100, Irvine, California 92618, (each a “Party” and collectively, the “Parties”).
RECITALS:
WHEREAS, in 2016, the Superior Court of the State of California, County of Los Angeles entered a Consent Judgment against the City of Compton for the City’s failure to comply with the State Water Resources Control Board Order No. 2006-0003-DWQ, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (WDR). The Consent Judgment sets forth specific requirements for the City to comply with the WDR. These requirements included infrastructure upgrades for the City’s sanitary sewer system; and WHEREAS, Pearl Avenue sewer line is among the list of aging sewer pipes that need to be rehabilitated or replaced for the City to comply with the Consent Judgment. In accordance with the Consent Judgement, the City of Compton prepared a bid/specifications package to solicit bid proposals for the implementation of the Pearl Avenue Sewer Replacement Project CIP No. 10-21/JN150S in 2016. However, as a result of limited budget and several competing high priority projects at the time, the Pearl Avenue Sewer Rehabilitation Project had to be postponed; and
WHEREAS, in order to comply with the Consent Judgement and respond to the most recent State Audit report (dated October 2022), the City is resuming its efforts to move forward with the Pearl Avenue Sewer Rehabilitation Project; and WHEREAS, resumption of the Pearl Avenue Rehabilitation Project would require the selection of engineering consulting firm to conduct a review and analysis of the existing design and the bid specifications package prepared for the Pearl Avenue project prepared in 2016. The objective is to ensure that the Pearl Avenue Rehabilitation Project is consistent with the existing underground utilities along the pathway of the Pearl Avenue sewer line and also conforms to prevailing industry standards; and
WHEREAS, all work produced by CONSULTANT for the CITY under this AGREEMENT shall be compliant with the current WDR; and
WHEREAS, by Resolution No. _____, adopted on the ____ day of June 2023, the Compton City Council authorized the City Manager to enter into a professional services agreement with CONSULTANT, to perform the required scope of service herein under the CITY’S Sewer Master Plan; and
2 WHEREAS, CONSULTANT warrants that it is specifically trained, experienced, competent, and has the resources to provide such services which will be required by this project; 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. SCOPE OF SERVICES TO BE RENDERED BY CONSULTANT
It is the mutual understanding of the parties that the CONSULTANT shall perform engineering and related services to prepare conduct constructability review of the existing design and bid specification package for the Pearl Avenue project pursuant to the CONSULTANT’S proposal per the Fee Proposal schedule transmitted to City, dated May 9, 2023. The proposal, including deliverables and fee schedule, are incorporated as part of this Agreement.
Generally, and as further described in the CONSULTANT’S proposal, the scope of work includes the following tasks:
Perform a technical constructability review and bring recommendation to the City for consideration of potential cost-savings metrics
Perform underground utility research to update what was done for the original design and request current as-builts to develop an updated substructure plan Update technical specifications and references to expired codes Update City of Compton electronic CAD files for constructability review considerations agreed upon with the City and any additional new or modified underground utilities noted from research.
Provide a new construction cost estimate, including contingency. Update Bid Sheet and Bid Sheet explanations to align with the new construction cost estimate provided and e-transmit AutoCAD/PDF Plans & Specifications At the completion of the project, CONSULTANT shall provide the CITY ten (10) hard copy sets of reports, and manuals developed as part of the operation and maintenance plan.
All work produced shall be provided by CONSULTANT in an electronic format acceptable to the CITY.
It is understood and agreed that CONSULTANT has the professional skills, experience and knowledge necessary to perform the services agreed to be performed under this Agreement and that CITY relies upon the qualifications of CONSULTANT to perform the scope of work in a skillful and professional manner.
CONSULTANT agrees to perform all said work within the Agreement budget and furnish all the necessary materials 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.
3 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 CONSULTANT for this Agreement at no additional cost to the CITY, conditioned however, upon the CITY promptly advising CONSULTANT in writing, within one (1) year following completion of CONSULTANT services under this Agreement, of any errors and omissions. “Errors” and “Omissions” for purposes of this paragraph are defined to mean a failure by CONSULTANT to meet the standards of its profession as set forth in the preceding paragraph.
Acceptance by CITY of the work performed under this Agreement does not operate as a release of CONSULTANT from such professional responsibility for the services performed.
2. ASSIGNMENT OF PERSONNEL
CONSULTANT has, or will secure, all personnel required to perform the services under this Agreement. CONSULTANT shall make available other qualified personnel of the firm as may be required to complete services. The CITY has the right to approve or disapprove any proposed changes in CONSULTANT’S staff providing service to the CITY. The CITY and CONSULTANT agree such personnel are employees only of CONSULTANT and shall not be considered to be employees of the CITY in any way whatsoever.
Luanne Bean, PE Project Manager of CONSULTANT, shall be primarily responsible for representing CONSULTANT in performance of this Agreement.
3. PROJECT MANAGEMENT & ADMINISTRATION
Luanne Bean will serve as the Project Manager, overseeing the development and execution of the project, tracking the budget and schedule, and serving as the main point of contact for the CITY's project manager. Mr. _____, PE, will support Ms. Bean as Principal in Charge and with Quality Assurance/Quality Control. CONSULTANT proposes to conduct a Scoping Kickoff Workshop with the CITY to confirm the project objectives and future needs, review the status of existing/historical data and validate the project’s approach for success. The intention of the meeting is for the CITY and CONSULTANT team to unify on the CITY's project goals and objectives, understand the extent of available data, and align the level of effort to achieve the project’s overall goal most efficiently and effectively.
4. DURATION OF CONTRACT
CONSULTANT agrees to commence the services provided for herein upon written Notification to Proceed from the CITY and in a diligent and professional manner, until the project is complete or within 12 months from receipt of the Notice to Proceed.
5. COMPENSATION
The method of payment for this Contract will be based on time and materials, not to exceed (NTE) amount. The total NTE price paid the CONSULTANT will include compensation for all work, including travel and equipment. 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 lump sum compensation will 4 be negotiated between the CONSULTANT and the CITY. Adjustment in the total lump sum compensation will not be effective until authorized and approved by the CITY.
Payments will be made monthly in arrears based on the hours of work completed by the CONSULTANT. If CONSULTANT fails to submit an acceptable invoice by the 10th of the month following a month when services were rendered, the CITY shall have the right to delay payment.
CONSULTANT shall furnish to the CITY an invoice(s) for work performed, itemizing cost of tasks and hours of work completed. CITY agrees to pay CONSULTANT within 30 days of receipt of invoice(s).
The CONSULTANT is required to comply with all federal, state and local laws and ordinances applicable to the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775.
For services performed CITY agrees to pay and CONSULTANT agrees to accept in full payment for this work, the maximum not-to-exceed sum of up to One Hundred Twenty Three Thousand Sixty Four Dollars ($123,064).
In the event of termination, the CONSULTANT shall be entitled to compensation for the reasonable value of services performed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon CONSULTANT delivery to the CITY of any and all CITY property, documents, reports, records, materials and work product associated with the performance of this Agreement.
6. OWNERSHIP OF MATERIALS
All electronic and hardcopy Computer Aided Drafting (CAD) drawings, reports, documents, or other material prepared, developed or discovered by CONSULTANT during the course of providing services pursuant to this Agreement shall be solely the property of the CITY and may be used, reused or otherwise disposed of by the CITY without the permission of the CONSULTANT. Upon completion, expiration or termination of this Agreement, CONSULTANT shall turn over to the CITY all drawings, reports, documents, or other materials prepared, developed or discovered by CONSULTANT during the course of providing services pursuant to this Agreement.
CITY acknowledges that any and all information produced by under this Agreement, including plans, specifications, data, reports, construction documents or electronic files (“documents”), are instruments of professional service. Nevertheless, such documents shall become the property of the CITY upon completion of work and payment of monies due to the CONSULTANT. In the event the CITY consents to, allows, authorizes or approves of changes the CITY recognizes that such changes and the results thereof are not the responsibility of the CONSULTANT. CITY agrees, to the extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, directors, employees and sub consultants (collectively “Consultant”) against any claims, damages, liability of costs, including reasonable attorneys’ fees and defense costs, arising from or connected with the unauthorized modification of the documents by the CITY or any person or entity that obtains the documents from or through the CITY. This provision shall also apply to documents delivered to CITY after termination if applicable.
5 7. INDEPENDENT CONTRACTOR STATUS
CONSULTANT, its officers, employees, sub consultants, subcontractors, agents and volunteers (collectively hereinafter the “Consultant”), is a wholly independent Consultant and not an officer, employee, subcontractor or agent 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 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. shall obtain no rights to retirement, health care or any other benefit that accrue to CITY officials, officers, or employees expressly waives any claim to such rights.
8. SUCCESSORS, ASSIGNMENT AND DELEGATION
CITY and the CONSULTANT each binds itself, its 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.
9. NONDISCRIMINATORY EMPLOYMENT PRACTICES
During the performance of this Agreement, 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 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, notices setting forth the provisions of this nondiscrimination clause.
In the event of 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.
10. SUBCONTRACTING
CONSULTANT’S services are unique and personal. Except as may be specified in CONSULTANT’S Proposal and agreed to by the CITY, CONSULTANT will not subcontract any portion of the services without prior written approval of City Manager or his/her designee. If CONSULTANT subcontracts any of the services, CONSULTANT will be fully responsible to CITY for the acts, errors and omissions of CONSULTANT’S subcontractor and of the persons either directly or indirectly employed by the subcontractor, as CONSULTANT is for the acts and omissions of persons 6 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.
11. OTHER CONSULTANTS The City reserves the right to employ other consultants in connection with the services.
12. 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 defend, indemnify and save the CITY from any and all liability and expense including 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 in any way resulting from or arising out of the negligent or intentional acts or omissions for 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 sole negligence or willful misconduct of the CITY. Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of CITY, provided, however, CONSULTANT shall be responsible for CITY’S defense costs to the extent such costs are incurred as a result of CONSULTANT’S negligence, recklessness or willful misconduct.
13. INSURANCE
A. Without limiting the CONSULTANT’S indemnification of the CITY, CONSULTANT shall obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by CONSULTANT or CONSULTANT’S agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. Such evidence shall specifically identify this Agreement and shall contain express conditions that the CITY is to be given written notice at least thirty (30) days in advance of any termination or implementation of a reduction of limits or material change of insurance coverage as specified herein. Failure on the part of the Consultant to procure or maintain insurance shall constitute a material breach upon which the CITY may immediately terminate this Agreement. All insurance required hereunder shall be primary with respect to any insurance maintained by the CITY
Coverages and Limits. CONSULTANT will maintain the types of coverages and minimum limits indicated below, unless the 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 officers2, 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 7 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.
13.1 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.
13.2 Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage.
13.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if CONSULTANT has no employees and provides, to CITY’ S satisfaction, a declaration stating this.
13.4 Professional Liability. Errors and omissions liability appropriate to CONSULTANT’S profession with limits of not less than $1,000,000 per claim. The coverage shall also provide an extended two (2) year reporting period commencing upon termination or cancellation of this Agreement.
Endorsements. For Commercial General Liability Insurance and Automobile Liability Insurance, CONSULTANT will ensure that the policies are endorsed to name the City of Compton and its respective elected and appointed officers, officials, employees, agents and volunteers as “additional insureds” with respect to liability arising out of the activities of the CONSULTANT. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY. Prior to CITY’S execution of this Agreement, CONSULTANT shall furnish certificates of insurance and endorsements to CITY.
Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of CITY.
14. 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.
15. MAINTENANCE AND 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. 8 16. 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.
17. GENERAL COMPLIANCE WITH LAWS
CONSULTANT will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by CONSULTANT, or in any way affect the performance of the services by CONSULTANT. CONSULTANT will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the services with all applicable laws, ordinances and regulations. In the event the CONSULTANT encounters any conflict between such laws and ordinances, CONSULTANT shall notify the CITY in writing and the parties agree to work cooperatively to resolve the conflict.
18. 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 CONSULTANT’S place of business, or at the offices of a sub consultant.
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 shall 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. 9 19. 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.
20. CLAIMS AND LAWSUITS
By signing this Agreement, CONSULTANT agrees that any Agreement claim submitted to CITY must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. CONSULTANT acknowledges that if a false claim is submitted to CITY by CONSULTANT, it may be considered fraud and CONSULTANT may be subject to criminal prosecution. CONSULTANT acknowledges that California Government Code sections 12650 et seq., the False Claims Act, applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If CITY seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. CONSULTANT acknowledges that the filing of a false claim may subject CONSULTANT to an administrative debarment proceeding as the result of which CONSULTANT may be prevented to act as a CONSULTANT on any public work or improvement for a period of up to five (5) years. CONSULTANT acknowledges debarment by another jurisdiction is grounds for CITY to terminate this Agreement.
21. CERTIFICATIONS
The CONSULTANT, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal, State or local agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal, State or local agency within the past 3 years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against he/she/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 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 have not had one or more public transactions (Federal, State or local) terminated for cause or default within the past 3 years.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into 10 this transaction. The above certifications are part of this contract. Signing this agreement on the signature portion thereof shall also constitute signature of the above Certifications. ______________________________________ ___________________ Jeffrey Cooper, P.E., Principal in Charge (Date)
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
11 27. 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.
28. 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.
29. 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.
30. 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 NV5: Jeffrey M. Cooper, PE,
Vice President,
163 Technology Drive, Suite 100, Irvine, California
92618
To City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Director, Public Works Department
(310) 605-5505
(310) 605-6326 – fax
Copy to: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
(310) 605-5585
12 31. 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.
NV5/CONSULTANT
Dated: By:
Jeffrey M. Cooper, PE,
Principal-In-Charge
CITY OF COMPTON
Approved by:
Dated: _______________ By: _________________________________ Thomas Thomas, City Manager
Approved as to form:
Dated: ______________ By:_________________________________ Eric Perrodin, City Attorney
ATTEST:
Dated: _______________ By: __________________________________ Vernell McDaniel, City Clerk
June 6, 2023
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 ENTER
INTO A MEMORANDUM OF AGREEMENT BETWEEN THE
SOUTH BAY CITIES COUNCIL OF GOVERNMENTS AND THE
CITY OF COMPTON FOR COST SHARING FOR THE
IMPLEMENTATION OF THE COORDINATED INTEGRATED
MONITORING PROGRAM (CIMP) FOR THE DOMINGUEZ
CHANNEL WATERSHED MANAGEMENT AREA
SUMMARY
Adoption of this resolution will authorize the City Manager to enter into a Memorandum of Agreement between the South Bay Cities Council of Governments (SBCCOG) and the City of Compton for cost sharing for the implementation of the Coordinated Integrated Monitoring Program (CIMP) for the Dominguez Channel Watershed Management Area, and authorize a purchase order in the amount of Twenty Five Thousand Dollars ($25,000) annually on a fiscal year basis to the SBCCOG in exchange for monitoring data collected as part of CIMP Implementation and the City of Compton’s (Permit Holder) name on the Annual Report submitted in accordance with the CIMP.
BACKGROUND
The U.S. Environmental Protection Agency (USEPA) and the California Regional Water Quality Control Board, Los Angeles Region (Regional Board) have classified the Greater Los Angeles County Municipal Separate Storm Sewer System (MS4) as a large MS4 pursuant to 40 Code of Federal Regulations (CFR) section 122.26(b)(4) and a major facility pursuant to 40 CFR section 122.2.
The Regional Board adopted National Pollutant Discharge Elimination System MS4 Permit Municipal Separate Storm Sewer System Permit Order No. R4-2021- 0105 (MS4 Permit) on July 23, 2021.
The MS4 Permit became effective on September 11, 2021, and requires that LACFCD, the County, 85 incorporated cities within the coastal watersheds of Los Angeles County, Ventura County Watershed Protection District, County of Ventura, and 10 incorporated cities within Ventura County comply with the prescribed elements of the 2021 MS4 discharges originating from within their jurisdictional boundaries composed of stormwater and non-stormwater.
5. Staff Report – Resolution Authorizing Memorandum of Agreement (MOA) South Bay Cities Council of Governments
Cost Sharing for the Implementation of the Coordinated Integrated Monitoring Program June 6, 2023, Page 2 of 4
The MS4 Permit identified the Permittees as MS4 Permittees that are responsible for compliance with the MS4 Permit requirements pertaining to the Permittees collective jurisdictional area in the Dominguez Channel Watershed Management Area.
The Permittees elected voluntarily to collaborate on the development of a Coordinated Integrated Monitoring Program (CIMP) in accordance with the MS4 Permit for a portion of the Dominguez Channel Watershed Management Area as identified in Exhibit A of the Memorandum of Agreement (MOA) to comply with all applicable monitoring requirements of the MS4 Permit.
The United States Environmental Protection Agency established the Total Maximum Daily Loads (“TMDL”) for Toxic Pollutants on March 23, 2012, with the intent of protecting and improving water quality in the Dominguez Channel and the Greater Los Angeles and Long Beach Harbor Waters (“Harbor Toxic Pollutants TMDL”).
The Harbor Toxic Pollutants TMDL regulates certain discharges from National Pollutant Discharge Elimination System (“NPDES”) permit holders, requiring organization and cooperation among the Permittees. The Permittees manage, drain or convey storm water into at least a portion of the Dominguez Channel, Greater Los Angeles and Long Beach Harbor Waters.
The Permittees desire to facilitate the achievement of the objectives of the Harbor Toxic Pollutants TMDL by preparation and implementation of the CIMP. The Permittees prepared the CIMP, and the SBCCOG has also retained the City of Los Angeles to conduct the monitoring and reporting required by the CIMP.
The mission of the SBCCOG is to allow its members to act collaboratively and focus on improving the environment. As part of its mission and to help its members implement the CIMP for the Dominguez Channel Watershed Management Area, the SBCCOG entered into an MOA with the permittees to administer the monitoring contract with the City and invoice the Permittees for the monitoring services.
STATEMENT OF ISSUE
On July 1, 2016, Regional Board approved the CIMP and the revised CIMP was submitted to the Regional Board by the Permittees on March 13, 2023. Individual NPDES permit holders that are not Permittees, such as the City of Compton, have indicated a desire to participate in the CIMP implementation for individual permit compliance.
Staff Report – Resolution Authorizing Memorandum of Agreement (MOA) South Bay Cities Council of Governments
Cost Sharing for the Implementation of the Coordinated Integrated Monitoring Program June 6, 2023, Page 3 of 4
The Permittees authorized the SBCCOG to enter into individual separate MOAs with such individual NPDES permit holders (Permit Holders) for CIMP Implementation cost sharing purposes only.
The Permit Holder desires to obtain monitoring data collected as part of the CIMP Implementation, to have its name included on the Annual Report submitted in accordance with the CIMP Implementation and to share in the costs of CIMP implementation.
The role of the SBCCOG is to invoice and collect funds from the Permit Holder to cover its portion of the costs for CIMP Implementation.
The MOA shall commence on July 1, 2023 and shall expire on June 30, 2026, unless terminated earlier pursuant to the MOA. Should the parties mutually agree, the Agreement may be extended in one-year increments via an amendment to the Agreement.
Therefore, in order to authorize the City Manager to enter into a Memorandum of Agreement between the South Bay Cities Council of Governments and the City of Compton for cost sharing for the implementation of the Coordinated Integrated Monitoring Program (CIMP) for the Dominguez Channel Watershed Management Area, and authorize a purchase order in the amount of Twenty Five Thousand Dollars ($25,000) annually on a fiscal year basis to the SBCCOG in exchange for monitoring data collected as part of CIMP Implementation and the Permit Holder’s name on the Annual Report submitted in accordance with the CIMP, City Council’s authorization is necessary.
FISCAL IMPACT
Funds in the amount of $25,000 are available in the Public Works Engineering Department’s 2022-2023 Fiscal Years budget in Account No. 1529-710-000-4262.
Beginning at the commencement of the second MOA year (2024-2025), and annually thereafter, the Annual Payment Amount will be escalated by 2% and will be available in future year budgets.
ALTERNATIVE
There are no other alternatives being recommended at this time. The City is required to comply with the provisions of monitoring as part of the NPDES permit program.
Staff Report – Resolution Authorizing Memorandum of Agreement (MOA) South Bay Cities Council of Governments
Cost Sharing for the Implementation of the Coordinated Integrated Monitoring Program June 6, 2023, Page 4 of 4
RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution.
JOHN D. STRICKLAND, JR.
PROJECT MANAGER
APPROVED FOR FORWARDING:
THOMAS THOMAS
RESOLUTION NO.___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM
OF AGREEMENT BETWEEN THE SOUTH BAY CITIES COUNCIL OF
GOVERNMENTS AND THE CITY OF COMPTON FOR COST SHARING FOR
THE IMPLEMENTATION OF THE COORDINATED INTEGRATED
MONITORING PROGRAM (CIMP) FOR THE DOMINGUEZ CHANNEL
WATERSHED MANAGEMENT AREA
WHEREAS, adoption of this resolution will authorize the City Manager to enter into a Memorandum of Agreement between the South Bay Cities Council of Governments (SBCCOG) and the City of Compton for cost sharing for the implementation of the Coordinated Integrated Monitoring Program (CIMP) for the Dominguez Channel Watershed Management Area, and authorize a purchase order in the amount of Twenty Five Thousand Dollars ($25,000) annually on a fiscal year basis to the SBCCOG in exchange for monitoring data collected as part of CIMP Implementation and the City of Compton’s (Permit Holder) name on the Annual Report submitted in accordance with the CIMP; and
WHEREAS, the U.S. Environmental Protection Agency (USEPA) and the California Regional Water Quality Control Board, Los Angeles Region (Regional Board) have classified the Greater Los Angeles County Municipal Separate Storm Sewer System (MS4) as a large MS4 pursuant to 40 Code of Federal Regulations (CFR) section 122.26(b)(4) and a major facility pursuant to 40 CFR section 122.2; and WHEREAS, the Regional Board adopted National Pollutant Discharge Elimination System MS4 Permit Municipal Separate Storm Sewer System Permit Order No. R4-2021-0105 (MS4 Permit) on July 23, 2021; and
WHEREAS, the MS4 Permit became effective on September 11, 2021, and requires that LACFCD, the County, 85 incorporated cities within the coastal watersheds of Los Angeles County, Ventura County Watershed Protection District, County of Ventura, and 10 incorporated cities within Ventura County comply with the prescribed elements of the 2021 MS4 discharges originating from within their jurisdictional boundaries composed of stormwater and non-stormwater; and WHEREAS, the MS4 Permit identified the Permittees as MS4 Permittees that are responsible for compliance with the MS4 Permit requirements pertaining to the Permittees collective jurisdictional area in the Dominguez Channel Watershed Management Area; and
WHEREAS, the Permittees elected voluntarily to collaborate on the development of a Coordinated Integrated Monitoring Program (CIMP) in accordance with the MS4 Permit for a portion of the Dominguez Channel Watershed Management Area as identified in Exhibit A of the Memorandum of Agreement (MOA) to comply with all applicable monitoring requirements of the MS4 Permit; and WHEREAS, the United States Environmental Protection Agency established the Total Maximum Daily Loads (“TMDL”) for Toxic Pollutants on March 23, 2012, with the intent of protecting and improving water quality in the Dominguez Channel and the Greater Los Angeles and Long Beach Harbor Waters (“Harbor Toxic Pollutants TMDL”); and
WHEREAS, the Harbor Toxic Pollutants TMDL regulates certain discharges from National Pollutant Discharge Elimination System (“NPDES”) permit holders, requiring organization and cooperation among the Permittees and the Permittees manage, drain or convey storm water into at least a portion of the Dominguez Channel, Greater Los Angeles and Long Beach Harbor Waters; and
Resolution No. __________
WHEREAS, the Permittees desire to facilitate the achievement of the objectives of the Harbor Toxic Pollutants TMDL by preparation and implementation of the CIMP; and
WHEREAS, the Permittees prepared the CIMP, and the SBCCOG has also retained the City of Los Angeles to conduct the monitoring and reporting required by the CIMP; and
WHEREAS, the mission of the SBCCOG is to allow its members to act collaboratively and focus on improving the environment and as part of its mission and to help its members implement the CIMP for the Dominguez Channel Watershed Management Area, the SBCCOG entered into an MOA with the permittees to administer the monitoring contract with the City and invoice the Permittees for the monitoring services; and
WHEREAS, on July 1, 2016, Regional Board approved the CIMP and the revised CIMP was submitted to the Regional Board by the Permittees on March 13, 2023 and Individual NPDES permit holders that are not Permittees, such as the City of Compton, have indicated a desire to participate in the CIMP implementation for individual permit compliance; and
WHEREAS, the Permittees authorized the SBCCOG to enter into individual separate MOAs with such individual NPDES permit holders (Permit Holders) for CIMP Implementation cost sharing purposes only; and
WHEREAS, the Permit Holder desires to obtain monitoring data collected as part of the CIMP Implementation, to have its name included on the Annual Report submitted in accordance with the CIMP Implementation, and to share in the costs of CIMP implementation; and
WHEREAS, the role of the SBCCOG is to invoice and collect funds from the Permit Holder to cover its portion of the costs for CIMP Implementation; and WHEREAS, the MOA shall commence on July 1, 2023 and shall expire on June 30, 2026, unless terminated earlier pursuant to the MOA and should the parties mutually agree, the Agreement may be extended in one-year increments via an amendment to the Agreement; and
WHEREAS, funds in the amount of $25,000 are available in the Public Works 2022-2023 Fiscal Years budget in Account No. 1529-710-000-4262 and beginning at the commencement of the second MOA year (2024-2025), and annually thereafter, the Annual Payment Amount will be escalated by 2% and will be available in future year budgets; and
WHEREAS, in order to authorize the City Manager to enter into a Memorandum of Agreement between the South Bay Cities Council of Governments and the City of Compton for cost sharing for the implementation of the Coordinated Integrated Monitoring Program (CIMP) for the Dominguez Channel Watershed Management Area, and authorize a purchase order in the amount of Twenty Five Thousand Dollars ($25,000) annually on a fiscal year basis to the SBCCOG in exchange for monitoring data collected as part of CIMP Implementation and the Permit Holder’s name on the Annual Report submitted in accordance with the CIMP, City Council’s authorization is necessary.
Resolution No. __________
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Manager, upon the advice and approval of the City Attorney is hereby authorized to authorize the City Manager to enter into a Memorandum of Agreement between the South Bay Cities Council of Governments and the City of Compton for cost sharing for the implementation of the Coordinated Integrated Monitoring Program (CIMP) for the Dominguez Channel Watershed Management Area.
SECTION 2. That funds in the amount of $25,000 are available in the Public Works Engineering Department’s 2022-2023 Fiscal Year’s budget in Account No. 1529- 710-000-4262.
SECTION 3. That beginning at the commencement of the second MOA year (2024-2025), and annually thereafter, the Annual Payment Amount will be escalated by 2% and will be available in future year budgets.
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 ____________, 2023.
_______________________________
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, Vernell McDaniel, 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 __________, 2023.
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
1 MEMORANDUM OF AGREEMENT
BETWEEN THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS AND
THE CITY OF COMPTON
FOR COST SHARING FOR THE IMPLEMENTATION OF THE COORDINATED
INTEGRATED MONITORING PROGRAM (CIMP) FOR THE DOMINGUEZ CHANNEL
WATERSHED MANAGEMENT AREA
This Agreement is made and entered into as of _________, 2023, by and between the South Bay Cities Council of Governments (SBCCOG), a California Joint Powers Authority, and the City of Compton, a California Corporation ("Permit Holder").
RECITALS
1. For the purposes of this Agreement, the term “PERMITTEES” shall mean the Cities of Los Angeles, Carson, El Segundo, Hawthorne, Inglewood, Lawndale, Lomita, and the Los Angeles County Flood Control District (LACFCD) and the County of Los Angeles (COUNTY).
2. The U.S. Environmental Protection Agency (USEPA) and the California Regional Water Quality Control Board, Los Angeles Region (Regional Board) have classified the Greater Los Angeles County Municipal Separate Storm Sewer System (MS4) as a large MS4 pursuant to 40 Code of Federal Regulations (CFR) section 122.26(b)(4) and a major facility pursuant to 40 CFR section 122.2.
3. The Regional Board adopted National Pollutant Discharge Elimination System MS4 Permit Municipal Separate Storm Sewer System Permit Order No. R4-2021-0105 (MS4 Permit) on July 23, 2021.
4. The MS4 Permit became effective on September 11, 2021, and requires that LACFCD, the COUNTY, 85 incorporated cities within the coastal watersheds of Los Angeles County, Ventura County Watershed Protection District, County of Ventura, and 10 incorporated cities within Ventura County comply with the prescribed elements of the 2021 MS4 Permit and are subject to waste discharge requirements for their MS4 discharges originating from within their jurisdictional boundaries composed of stormwater and non-stormwater.
5. The MS4 Permit identified the PERMITTEES as MS4 PERMITTEES that are responsible for compliance with the MS4 Permit requirements pertaining to the PERMITTEES’ collective jurisdictional area in the Dominguez Channel Watershed Management Area.
6. The PERMITTEES elected voluntarily to collaborate on the development of a Coordinated Integrated Monitoring Program (CIMP) in accordance with the MS4 Permit for a portion of the Dominguez Channel Watershed Management Area as identified in Exhibit A of this Memorandum of Agreement (MOA) to comply with all applicable monitoring requirements of the MS4 Permit.
2 7. The United States Environmental Protection Agency established the Total Maximum Daily Loads (“TMDL”) for Toxic Pollutants on March 23, 2012, with the intent of protecting and improving water quality in the Dominguez Channel and the Greater Los Angeles and Long Beach Harbor Waters (“Harbor Toxic Pollutants TMDL”).
8. The Harbor Toxic Pollutants TMDL regulates certain discharges from National Pollutant Discharge Elimination System (“NPDES”) permit holders, requiring organization and cooperation among the PERMITTEES.
9. The PERMITTEES manage, drain or convey storm water into at least a portion of the Dominguez Channel, Greater Los Angeles and Long Beach Harbor Waters (including Consolidated Slip).
10.The PERMITTEES desire to facilitate the achievement of the objectives of the Harbor Toxic Pollutants TMDL by preparation and implementation of the CIMP.
11.The PERMITTEES prepared the CIMP, and the SBCCOG has also retained the City of Los Angeles (CITY) to conduct the monitoring and reporting required by the CIMP.
12.For purposes of this Agreement the term “Consultant” shall refer to the CITY.
13.On July 1, 2016, Regional Board approved the CIMP; and the revised CIMP was submitted to the Regional Board by the PERMITTEES on March 13, 2023 and is pending approval.
14.The mission of the SBCCOG is to allow its members to act collaboratively and focus on improving the environment. As part of its mission and to help its members implement the CIMP for the Dominguez Channel Watershed Management Area, the SBCCOG entered into an MOA with the PERMITTEES to administer the monitoring contract with the CITY and invoice the PERMITTEES for the monitoring services.
15.Individual NPDES permit holders that are not PERMITTEES have indicated a desire to participate in the CIMP implementation for individual permit compliance.
16.The PERMITTEES authorized the SBCCOG to enter into individual separate MOAs with such individual NPDES permit holders (Permit Holders; which shall not have voting rights in any group relating to the PERMITTEES) for CIMP Implementation cost sharing purposes only.
17.The Permit Holder desires to obtain monitoring data collected as part of the CIMP Implementation, to have its name included on the Annual Report submitted in accordance with the CIMP Implementation and to share in the costs of CIMP implementation.
3 18.The role of the SBCCOG is to invoice and collect funds from the Permit Holder to cover its portion of the costs for CIMP Implementation.
19.The Permit Holder and the SBCCOG are collectively referred to as the “PARTIES.”
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the PARTIES do hereby agree as follows:
Section 1. Recitals. The recitals set forth above are fully incorporated as part of this Agreement.
Section 2. Purpose. The purpose of this MOA is for the Permit Holder to cost share in the CIMP Implementation.
Section 3. Cooperation. The PARTIES shall fully cooperate with one another to achieve the purposes of this MOA.
Section 4. Voluntary Nature. The PARTIES voluntarily enter into this MOA.
Section 5. Binding Effect. This MOA shall be binding on SBCCOG and the Permit Holder.
Section 6. Term. This MOA shall commence on July 1, 2023 and shall expire on June 30, 2026, unless terminated earlier pursuant to this MOA. Should the PARTIES mutually agree, the Agreement may be extended in one-year increments via an amendment to the Agreement.
Section 7. Role of the SBCCOG.
(a) The SBCCOG shall invoice and collect funds from the Permit Holder to cover a portion of the costs of hiring and paying the CITY to implement the CIMP. (b) The SBCCOG shall administer the CITY’S contract for implementation of the CIMP by contracting with and paying the CITY.
Section 8. Financial Terms.
(a) The Permit Holder shall pay twenty-five thousand ($25,000) dollars (“Annual Payment Amount”) annually on a fiscal year basis to the SBCCOG in exchange for monitoring data collected as part of CIMP Implementation and the Permit Holder’s name on the Annual Report submitted in accordance with the CIMP. (b) Beginning at the commencement of the second MOA year (2024- 2025), and annually thereafter, the Annual Payment Amount will be escalated by 2%. (c) The SBCCOG will retain a fee of 10% of the Annual Payment Amount for their services. The remaining amount will be credited towards the PERMITTEES’ cost of implementing the CIMP.
(d) The Permit Holder’s first payment is due upon execution of this MOA 4 and shall cover the 2023-2024 fiscal year. For each successive year, commencing with the 2024-2025 fiscal year, the SBCCOG shall submit annual invoices to the Permit Holder no later than the May 15th prior to the new fiscal year. (e) Upon receiving an invoice from the SBCCOG, the Permit Holder shall pay its invoice to the SBCCOG within thirty (30) days of the invoice’s date. (f) The Permit Holder will be delinquent if its invoiced payment is not received by the SBCCOG within forty-five (45) days after the invoice’s date. The SBCCOG will follow the procedure listed below: 1) verbally contact the representative of the Permit Holder; and 2) submit a formal letter from the SBCCOG Executive Officer to the Permit Holder at the address listed in Section 12 of the MOA. If payment is not received within sixty (60) days of the invoice date, the SBCCOG may terminate this MOA.
However, SBCCOG shall not terminate pursuant to this Section unless the SBCCOG first provides the Permit Holder with thirty (30) days written notice of its intent to terminate the MOA. The terminated Permit Holder shall remain obligated to SBCCOG for its delinquent payments and any other obligations incurred prior to the date of termination If the SBCCOG terminates this MOA due to the Permit Holder being delinquent in its payment, Permit Holder shall no longer be entitled to the monitoring data collected as part of the CIMP, and Permit Holder’s name shall not be included in monitoring reports submitted in accordance with the CIMP.
(g) Any delinquent payments by the Permit Holder shall accrue compound interest at the average rate of interest paid by the Local Agency Investment Fund during the time that the payment is delinquent, provided that the interest shall not exceed any limit imposed by law.
Section 9. Independent Contractor.
(a) The SBCCOG is, and shall at all times remain, a wholly independent contractor for performance of the obligations described in this MOA. The SBCCOG’s officers, officials, employees and agents shall at all times during the term of this MOA be under the exclusive control of the SBCCOG. The Permit Holder cannot control the conduct of the SBCCOG or any of its officers, officials, employees or agents. The SBCCOG and its officers, officials, employees, and agents shall not be deemed to be employees of the Permit Holder.
(b) The SBCCOG is solely responsible for the payment of salaries, wages, other compensation, employment taxes, workers’ compensation, or similar taxes for its employees and Consultants performing services hereunder.
Section 10. Indemnification and Insurance.
(a) The Permit Holder shall defend, indemnify and hold harmless the SBCCOG and the PERMITTEES and their officers, employees, and other representatives and agents from and against any and all liabilities, actions, suits proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorney’s fees, for injury to or death of person(s), for damage to property (including property owned by the SBCCOG and any Permittee) for negligent or intentional acts, errors and omissions committed by the Permit Holder or its officers, employees, and agents, arising out of or 5 related to that Permit Holder’s performance under this MOA, except for such loss as may be caused by SBCCOG’s negligence or that of its officers, employees, or other representatives and agents other than the Consultant.
(b) SBCCOG makes no guarantee or warranty that the reports prepared by SBCCOG, PERMITTEES or its Consultant shall be approved by the relevant governmental authorities. SBCCOG shall have no liability to the Permit Holder for the negligent or intentional acts or omissions of Consultant. The Permit Holder’s sole recourse for any negligent or intentional act or omission of the Consultant shall be against the Consultant and its insurance.
Section 11. Termination.
(a) The Permit Holder may withdraw from this MOA for any reason, or no reason, by giving the SBCCOG thirty (30) days written notice thereof. The withdrawing Permit Holder shall be responsible for its Annual Payment Amount through the end of the current fiscal year during which Permit Holder withdraws. Moreover, unless the withdrawing Permit Holder provides written notice of withdrawal to the SBCCOG by the March 1st immediately prior to the new fiscal year, the Permit Holder shall also be responsible for its Annual Payment Amount through the end of the new fiscal year (e.g., If the Permit Holder withdraws on March 2, 2024, Permit Holder is responsible for the Annual Payment Amounts for both FY 2024-2025 and FY 2023-2024. If the Permit Holder withdraws on February 25, 2024, the Permit Holder is responsible for its Annual Payment Amount only for FY 2023-2024, not for FY 2024-2025). If the Permit Holder terminates the MOA, the Permit Holder shall remain liable for any loss, debt, or liability otherwise incurred through the end of the fiscal years for which it is responsible for Annual Payments.
(b) The SBCCOG may terminate this MOA upon not less than thirty (30) days written notice to the Permit Holder. Any remaining funds not due and payable or otherwise legally committed to Consultant shall be returned to the Permit Holder.
Section 12. Miscellaneous.
(a) Permit Holder has been accepted as a participant in the CIMP Implementation and shall not be entitled to appoint a representative or to vote or participate in any way in decisions assigned to PERMITTEES. Participant status entitles Permit Holder only to the monitoring data collected as part of CIMP Implementation and to have its name included on all reports submitted in accordance with the CIMP for any fiscal year in which the participant has paid its Annual Payment Amount. (b) Notices. All Notices which the PARTIES require or desire to give hereunder shall be in writing and shall be deemed given when delivered personally or three (3) days after mailing by registered or certified mail (return receipt requested) to the following address or as such other addresses as the PARTIES may from time to time designate by written notice in the aforesaid manner:
To SBCCOG:
Jacki Bacharach
6 SBCCOG Executive Director
2355 Crenshaw Blvd., #125
Torrance, CA 90501
To the Permit Holder:
Name:__________________________
Title:__________________________
Company Name:__________________________
Address:_______________________________________
(c) Amendment. The terms and provisions of this MOA may not be amended, modified or waived, except by a written instrument signed by all PARTIES and approved by all PARTIES as substantially similar to this MOA. (d) Waiver. Waiver by either the SBCCOG or the Permit Holder of any term, condition, or covenant of this MOA shall not constitute a waiver of any other term, condition, or covenant. Waiver, by the SBCCOG or the Permit Holder, to any breach of the provisions of this MOA shall not constitute a waiver of any other provision or a waiver of any subsequent breach of any provision of this MOA.
(e) Law to Govern: Venue. This MOA shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the PARTIES, venue shall lie exclusively in the County of Los Angeles. (f) No Presumption in Drafting. The PARTIES to this MOA agree that the general rule than an MOA is to be interpreted against the PARTIES drafting it, or causing it to be prepared, shall not apply.
(g) Severability. If any term, provision, condition or covenant of this MOA is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this MOA shall not be affected thereby and this MOA shall be read and construed without the invalid, void, or unenforceable provision(s).
(h) Entire Agreement. This MOA constitutes the entire agreement of the PARTIES with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. (i) Counterparts. This MOA may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to all PARTIES to this MOA.
(j) Legal Representation. All PARTIES have been represented by counsel in the preparation and negotiation of this MOA. Accordingly, this MOA shall be construed according to its fair language.
7 (k) Authority to Execute this Agreement. The person or persons executing this MOA on behalf of Permit Holder warrants and represents that he or she has the authority to execute this MOA on behalf of the Permit Holder and has the authority to bind Permit Holder.
IN WITNESS WHEREOF, the PARTIES hereto have caused this MOA to be executed on their behalf, respectively, as follows:
DATE: ________________ SOUTH BAY CITIES COUNCIL OF
GOVERNMENTS
________________________________
John Cruikshank
SBCCOG Chair
DATE: _______________ PERMIT HOLDER
Company Name: ______________________
By: __________________________
Name: __________________________
Title: __________________________
EXHIBIT A
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WMA.Group
June 6, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
RATIFYING A SIDE LETTER AGREEMENT AMENDING THE
MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF COMPTON
AND THE COMPTON MANAGEMENT EMPLOYEES
ASSOCIATION/AFSCME LOCAL 2325 TO AMEND ARTICLE 40 OF THE MEMORANDUM OF AGREEMENT.
SUMMARY
Adoption of the attached resolution will ratify the Side Letter Agreement entered into amending the Memorandum of Agreement between the City of Compton (“City”) and the Compton Management Employees Association, affiliated with the American Federation of State, County and Municipal Employee Union, designated as Local 2325 (“CMEA/AFSCME Local 2325”).
Ratification of the Side Letter Agreement will approve the amendment of Article 40 (Title and Salary Range) of the Memorandum of Agreement (“MOA”) between the City and CMEA/AFSCME Local 2325 and provides extra duty pay for the Water Operations Supervisor, in the Water Department and the Project Manager in the Public Works Engineering Department.
BACKGROUND
Article 40 of the MOA entered into between the City and the CMEA/AFSCME Local 2325 identifies the Classification Titles and the Salary Ranges for Chief Executive, Executive and Supervisory Position. In June 2020 the City implemented a workforce reduction which impacted the duties and responsibilities of several classifications represented by CMEA/AFSCME Local 2325.
STATEMENT OF ISSUE
Resolution 25,738 and Resolution 25,748 approved the Side Letter Agreements that provided extra duty pay for the additional workload for the Project Manager for the Public Works Engineering Department and Water Operations Supervisor in the Water Department.
In efforts to continue to minimize the impacts on staff and to improve the expediency and efficiency of service to the public, the City and CMEA/AFSCME Local 2325 reached an agreement on March 8, 2023.
6. Staff Report – Resolution Ratifying Side Letter Agreement Amend MOA with CMEA/AFSCME Local 2325
Article 40 of MOA
June 6, 2023, page 2
The side letter agreement amends Article 40 (Title and Salary Range) of the MOA and the salary for the following positions shall be amended:
Extra Duty Pay
The side letter agreement provides extra duty pay for the additional workload for the Project Manager in the Public Works Engineering Department and Water Services Supervisor in the Water Department:
Classification Effective January 1, 2023
Project Manager * Extra Duty Pay from 10% to 20% for additional (Public Works Engineering) workload. The duration of this pay last until the City Engineer position is filled, OR a Senior Civil
Engineer is hired that assumes the duties.
Water Operations Supervisor Effective January 1, 2023
(Water Department) Extra Duty Pay from 10% to 20% to oversee the design and building of water construction projects
throughout the City and other civil engineering
duties.
FINANCIAL IMPACT
Funds to cover the cost of the increased salaries are available in the Fiscal Year 2022- 2023 Budget.
RECOMMENATION
Staff recommends that the City Council adopt the attached Resolution.
SHRISTIE N.TORRES
HUMAN RESOURCES DIRECTOR
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
RATIFYING A SIDE LETTER AGREEMENT AMENDING THE MEMORANDUM
OF AGREEMENT BETWEEN THE CITY OF COMPTON AND THE COMPTON MANAGEMENT EMPLOYEES ASSOCIATION/AFSCME LOCAL 2325 TO
AMENDING ARTICLE 40 MEMORANDUM OF AGREEMENT
WHEREAS, the City of Compton (“City”) and the Compton Management Employees Association, affiliated with the American Federation of State, County and Municipal Employee Union, designated as Local 2325 (“CMEA/AFSCME Local 2325”), are parties to a Memorandum of Agreement (“MOA”), with an effective term of July 1, 2016 through June 30, 2019; and
WHEREAS, CMEA/AFSCME Local 2325 typically represents Chief Executive, Executive and Supervisory designated position classifications; and WHEREAS, Article 40 of the MOA entered into between the City and the CMEA/AFSCME Local 2325 identifies the Classification Titles and the Salary Ranges for Chief Executive, Executive and Supervisory Positions; and WHEREAS, the City implemented a workforce reduction in June 2020 which impacted the duties and responsibilities of several classifications represented by CMEA/AFSCME; and
WHEREAS, Resolution 25,738 and Resolution 25,748 approved the Side Letter Agreements that provided extra duty pay for the additional workload for the Project Manager for the Public Works Engineering Department and Water Operations Supervisor in the Water Department; and,
WHEREAS, in efforts to continue to minimize the impacts on staff and to improve the expediency and efficiency of service to the public, the City and CMEA/AFSCME Local 2325 reached an agreement on March 8, 2023; and,
WHEREAS, the side letter agreement amends Article 40 (Title and Salary Range) of the MOA and the salary for the following positions shall be amended:
Extra Duty Pay
The side letter agreement provides extra duty pay for the additional workload for the Project Manager in the Public Works Engineering Department and Water Services Supervisor in the Water Department:
Project Manager Effective January 1, 2023
(Public Works Engineering) Extra Duty Pay from 10% to 20% for additional workload. The duration of this pay last until the
City Engineer is filled, OR a Senior Civil Engineer
is hired that assumes the duties.
Water Operations Supervisor Effective January 1, 2023
(Water Department) Extra Duty Pay from 10% to 20% to oversee the design and building of water construction projects
throughout the City and other civil engineering
duties.
WHEREAS, funds are available in the Fiscal Year 2022-2023 Budget to pay the additional costs; and
WHEREAS, the negotiations had during these meetings culminated in a number of mutual concessions between the City and the employee bargaining units, including CMEA/AFSCME Local 2325’s agreement to amend Article 40 of their MOA.
Resolution No. __________
NOW, THEREFORE, THE PERSONNEL BOARD OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the recitals above stated are incorporated herein.
Section 2. That the attached Side Letter of Agreement between the City of Compton and the Compton Management Employees Association/American Federation of State, County and Municipal Employees, Local 2325 is hereby ratified.
Section 3. That pursuant to the provisions of the attached Side Letter of Agreement, Article 40 of the Memorandum of Agreement between the City of Compton and the Compton Management Employees Association/American Federation of State, County and Municipal Employees, Local 2325 is hereby amended as follows:
Extra Duty Pay
The side letter agreement provides extra duty pay for the additional workload for the Project Manager in the Public Works Engineering Department and the Water Services Supervisor in the Water Department:
Project Manager Effective January 1, 2023
(Public Works Engineering) Extra Duty Pay from 10% to 20% for additional workload. The duration of this pay last until the
City Engineer is filled, OR a Senior Civil Engineer
is hired that assumes the duties.
Water Operations Supervisor Effective January 1, 2023
(Water Department) Extra Duty Pay from 10% to 20% to oversee the Design and building of water construction
Projects throughout the City and other civil
engineering duties.
Section 4. That all other terms and conditions of the current Memorandum of Agreement shall remain in effect and unchanged.
Section 5. That a copy of this Resolution, including the attached Side Letter of Agreement, shall be filed in the offices of the City Clerk, City Manager, City Attorney, Human Resources and President of the Compton Management Employees Association/American Federation of State, County and Municipal Employees, Local 2325.
Section 6. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this _________ day of _________________, 2023.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
Resolution No. __________
I, Vernell McDaniel, 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 _____________________, 2023.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERSABSENT: COUNCIL MEMBERS- ____________________________________
CITY CLERK OF THE CITY OF COMPTON
June 6, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON RATIFYING A SIDE LETTER AGREEMENT
BETWEEN THE CITY OF COMPTON AND THE AMERICAN
FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES/AFSCME LOCAL 3947 TO AMEND ARTICLE 19 OF
THE MEMORANDUM OF AGREEMENT
SUMMARY
Adoption of this resolution will ratify the Side Letter Agreement entered into between the City of Compton (“City”) and the American Federation of State, County and Municipal Employee Union, designated as Local 3947 (“AFSCME Local 3947”).
Ratification of the Side Letter Agreement will approve an amendment to Article 19 (Wages/Base Pay, Classification Title) of the Memorandum of Agreement (MOA) between the City and AFSCME Local 3947 and provides a Salary Increase/Extra Duty Pay for the Administrative Analyst II in the City Manager’s Office.
BACKGROUND
Article 19 of the MOA entered into between the City and AFSCME Local 3947 identifies the Classification Titles and the Salary Ranges for Non-Supervisory positions. The duties and responsibilities of this classification represented by AFSCME Local 3947 were impacted by the staffing vacancy in the City Manager’s Office of the Special Assistant to the City Manager classification. An adjustment in compensation is required for the performance of significant additional duties coordination and implementation of special projects and major assignments, researching and addressing resident complaints and concerns, the attendance at weekly City Council meetings and preparation of weekly report to the City Manager.
STATEMENT OF ISSUE
In an effort to minimize the impacts on staff and to improve the expediency and efficiency of service to the public, the City and AFSCME Local 3947 reached an agreement on February 1, 2023 as follows:
7. Staff Report – Resolution Ratifying Side Letter Agreement with AFSCME Local 3947
1. Salary Increase/Extra Duty Pay
The Side Letter Agreement provides a Salary Increase/Extra Duty Pay for the additional workload for the Administrative Analyst II in the Office of the City Manager:
Effective July 1, 2022
Administrative Analyst II *20% Salary Increase/Extra Duty Pay The duration of this Salary Increase/Extra Duty Pay will remain in effect until the City fills the Special Assistant to the City Manager classification vacancy.
FISCAL IMPACT
Funds to cover the cost of the Salary Increase/Extra Duty Pay are available in the City Manager Department’s 2022-2023 Fiscal Year budget.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution.
SHRISTIE NAIR TORRES
HUMAN RESOURCES DIRECTOR
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
RATIFYING A SIDE LETTER AGREEMENT BETWEEN THE CITY OF
COMPTON AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES/AFSCME LOCAL 3947 TO AMEND ARTICLE 19
OF THE MEMORANDUM OF AGREEMENT
WHEREAS the City of Compton (“City”) and the American Federation of State, County and Municipal Employee Union, designated as Local 3947 (“AFSCME Local 3947”), are parties to a Memorandum of Agreement (“MOA”), with an effective term of July 1, 2016 through June 30, 2019; and
WHEREAS, AFSCME Local 3947 typically represents Non-Supervisory designated positions and classifications; and
WHEREAS, Article 19 of the MOA entered into between the City and the AFSCME Local 3947 identifies the Classification Titles and the Salary Ranges for NonSupervisory Positions; and WHEREAS, the duties and responsibilities of a classification represented by AFSCME Local 3947 were impacted when the Office of the City Manager required additional assistance with the coordination and implementation of special projects and major assignments, researching and addressing resident complaints and concerns, the attendance at weekly City Council meetings and preparation of weekly report to the City Manager; and
WHEREAS, on February 1, 2023, the City and AFSCME Local 3947 finalized an agreement to provide an additional twenty percent (20%) Salary Increase/Extra Duty Pay for the Administrative Analyst II position in the Office of the City Manager in connection with the performance of significant additional duties; and WHEREAS, funds are available using salary savings in the Office of the City Manager’s 2022-2023 Fiscal Year budget to pay the additional costs; and WHEREAS, the negotiations culminated during a meeting of mutual concessions between the City and the employee bargaining unit, including AFSCME Local 3947’s agreement to amend Article 19 of their MOA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the recitals above stated are incorporated herein.
SECTION 2. That the attached Side Letter Agreement between the City of Compton and the American Federation of State, County and Municipal Employees, Local 3947 is hereby ratified.
SECTION 3. That pursuant to the provisions of the attached Side Letter Agreement, Article 19 of the Memorandum of Agreement between the City of Compton and the American Federation of State, County and Municipal Employees, AFSCME Local 3947 is hereby amended as follows:
1. Extra Duty Pay
The Side Letter Agreement provides a Salary Increase/Extra Duty Pay for the additional workload for the Administrative Analyst II in the Office of the City Manager:
Administrative Analyst II Effective July 1, 2022
*20% Extra Duty Pay
Resolution No.__________
The duration of this Salary Increase/Extra Duty Pay will remain in effect until assistance within the City Manager’s Office is no longer needed.
SECTION 4. That funds are available in the City Manager’s Office 2022-2023 Fiscal Year budget in Account No. 1001-510-000-4101 to pay the additional costs.
SECTION 5. That all other terms and conditions of the current Memorandum of Agreement shall remain in effect and unchanged.
SECTION 6. That a copy of this Resolution, including the attached Side Letter Agreement, shall be filed in the offices of the City Clerk, City Manager, City Attorney, Human Resources and President of the American Federation of State, County and Municipal Employees, AFSCME Local 3947.
SECTION 7. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this _______ day of _______________, 2023.
________________________________
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, Vernell McDaniel, 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 ___________________, 2023.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERSABSENT: COUNCIL MEMBERS- ____________________________________
CITY CLERK OF THE CITY OF COMPTON
June 6, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-2024
FUNDED BY SB 1 PURSUANT TO THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017.
SUMMARY
This Resolution adopts a list of projects for Fiscal Year 2023-2024 funded by SB1, the Road Repair and Accountability Act of 2017.
BACKGROUND
Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide.
SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Compton are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year.
Compton must adopt, by resolution, a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement.
Compton will receive an estimated $2,376,109 in RMRA funding in Fiscal Year 2023- 2024 from SB1. This is the fifth year in which Compton is receiving SB 1 funding and will enable the City of Compton to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB1.
Compton has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list. Compton used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high priority and cost-effective projects that also meet the communities priorities for transportation investment.
8. SB1 List of Streets - Staff Report
June 6, 2023
The funding from SB 1 will help the City of Compton maintain and rehabilitate numerous streets/roads and add active transportation infrastructure throughout the City during FY 2023-2024 and of similar projects into the future.
The 2018 California Statewide Local Streets and Roads Needs Assessment found that the City of Compton streets and roads are in an “at risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into an good condition.
The SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
STATEMENT OF THE ISSUE
The Fiscal year 2023-2024 list of projects will be funded in-part or solely with Fiscal Year 2023-2024 Road Maintenance and Rehabilitation Account revenues. The City of Compton also reaffirms its intent to fund previously proposed and adopted projects utilizing Fiscal Year 2022-2023 Road Maintenance and Rehabilitation Account revenues.
Therefore, in order to adopt the list of projects for Fiscal Year 2023-2024 funded by SB 1, the Road Repair and Accountability Act of 2017, City Council’s authorization is necessary.
FISCAL IMPACT
Based upon on the State Department of Finance Statewide revenue projections as of January 2023, the reports estimated a value of SB1 funding that may be available to the City of Compton FY 2023-2024 revenues will be approximately $2,376,109.
ALTERNATIVE
The City of Compton must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution.
Therefore, no other alternatives are being proposed.
SB1 List of Streets - Staff Report
June 6, 2023
RECOMMENDATION
Staff recommends that the City Council adopt the list of projects for Fiscal Year 2023- 2024 funded by SB 1, pursuant to the Road Repair and Accountability Act of 2017.
JOHN D. STRICKLAND, JR., PROJECT MANAGER
PUBLIC WORK ENGINEERING DEPARTMENT
THOMAS THOMAS
CITY MANAGER
Attachment: List of SB1 Projects
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-2024 FUNDED BY SB 1 PURSUANT TO THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Compton are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, Compton must adopt, by resolution, a list of all projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, Compton will receive an estimated $2,376,109 in RMRA funding in Fiscal Year 2023-2024 from SB 1; and
WHEREAS, this is the sixth year in which Compton is receiving SB 1 funding and will enable the City of Compton to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, Compton has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, Compton used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and costeffective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City of Compton maintain and rehabilitate numerous streets/roads and add active transportation infrastructure throughout the City during FY 2023-2024 and of similar projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City of Compton streets and roads are in an “at risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into an good condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the foregoing recitals are true and correct.
SECTION 2. That the attached list of projects will be funded in-part or solely with Fiscal Year 2023-2024 Road Maintenance and Rehabilitation Account revenues.
RESOLUTION NO. _____________
PAGE TWO
SECTION 3. That the attached previously proposed and adopted projects may also utilize Fiscal Year 2023-2024 Road Maintenance and Rehabilitation Account revenues in their delivery are hereby adopted.
SECTION 4. That the relisting of these projects in the adopted fiscal year resolution, the City of Compton is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues.
SECTION 5. That the proposed and adopted project may utilize Fiscal Year 2023- 2024 Road Maintenance and Rehabilitation Account revenues in their delivery.
SECTION 6. That with the relisting of these projects in the adopted Fiscal Year Resolution, the City of Compton is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues.
SECTION 7. That a copy of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and Public Works Department.
SECTION 8. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ____ day of _______________, 2023.
________________________________
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, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the ______ day of ____________________, 2023.
AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSENT: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERS- ____________________________________
CITY CLERK OF THE CITY OF COMPTON
PREVIOUSLY PROPOSED AND ADOPTED PROJECTS
Project Title: Annual Residential Street Project, CIP# 18-01, Phase 2C (PP004 & 5) Project Description: Construction of cold mill, ARHM pavement, AC base course, aggregate base, full depth AC slot pavement, curb and gutters, sidewalks, cross gutter, alley intersection, driveway approach, curb ramps, signing, striping, markings, and pavement legends, speed hump, traffic signal loop, adjust to grade existing sewer manhole, water valve, water meter, and storm drain manhole.
Estimated Start Date: September 2023
Estimated Completion Date: March 2024
Estimated Project Useful Life: 10 years minimal/20 years maximum Project Locations:
No. Street Name Limits
1. Alameda Street East &
West
City Limit North to City Limit South
2. Walnut Street Central Avenue to Acacia Court
3. Walnut Parkway Cul De Sac to Cul De Sac
4. Walnut Park Drive Walnut Park way to Walnut Street
PREVIOUSLY PROPOSED AND ADOPTED PROJECTS
Project Title: Annual Residential Street Project, CIP# 18-01, Phase 2D (PP004 & 5) Project Description: Construction of cold mill, ARHM pavement, AC base course, aggregate base, full depth AC slot pavement, curb and gutters, sidewalks, cross gutter, alley intersection, driveway approach, curb ramps, signing, striping, markings, and pavement legends, speed hump, traffic signal loop, adjust to grade existing sewer manhole, water valve, water meter, and storm drain manhole.
Estimated Start Date: April 2024
Estimated Completion Date: October 2024
Estimated Project Useful Life: 10 years minimal/20 years maximum Project Locations:
No. Street Name Limits
1. Bradfield Avenue Compton Boulevard to Alondra Boulevard
2. Greenleaf Boulevard Central Avenue to Whitemarsh Avenue and City Limit East to Alameda Street
PREVIOUSLY PROPOSED AND ADOPTED PROJECTS
Project Title: Wilmington Avenue Safe Street Pedestrian/Bicycle Improvement Project (NEW)
Project Description: Install bike lanes and lighting along the corridor; enhance pedestrian crossing at 15 intersections; remove and replace locations for ADA ramps, curb, gutter, sidewalk; grin/overlay asphalt; replace all traffic markings, line work traffic detectors loops
Estimated Start Date: July 2024
Estimated Completion Date: July 2025
Estimated Project Useful Life: 10 years minimal/20 years maximum Project Location:
No. Project Title Description Limits
1. Wilmington Avenue Safe
Street Pedestrian/Bicycle
Improvement Project
Improve roadway, upgrading sidewalks
and curb ramps, adding bus shelters,
raised median islands, and landscaping
Rosecrans Avenue
to City Limit South
PREVIOUSLY PROPOSED AND ADOPTED PROJECTS
Project Title: Compton Boulevard West (PP001)
Project Description: Installation of raise medians and Class II bicycle lanes; Remove and replace locations for ADA ramps, curb gutters, sidewalk; grind/overlay; replace all traffic markings, line work; traffic loops.
Estimated Start Date: September 2025
Estimated Completion Date: September 2026
Estimated Project Useful Life: 10 years minimal/20 years maximum Project Location:
No. Description Limits
1. Installation of raised medians and Class II
bicycle lanes. Remove and replace
locations for ADA ramps, curb gutters,
sidewalk; grind/overlay; replace all traffic
markings, linework, traffic loops
Willowbrook Avenue to East City Limits
PREVIOUSLY PROPOSED AND ADOPTED PROJECTS
Project Title: Compton Boulevard East (PP002)
Project Description: Install bike lanes and lighting along the corridor; enhance pedestrian crossing at 15 intersections; remove and replace locations for ADA ramps, curb, gutter, sidewalk; grin/overlay asphalt; replace all traffic markings, line work traffic detectors loops
Estimated Start Date: September 2025
Estimated Completion Date: September 2026
Estimated Project Useful Life: 10 years minimal/20 years maximum Project Location:
No. Project Title Description Limits
1. Compton Boulevard West Install bike lanes and lighting along the corridor; enhance pedestrian crossing at
15 intersections. Remove and replace
locations for ADA ramps, curb, gutter,
sidewalk; grind/overly asphalt; replace all
traffic markings, linework traffic
detectors loops
Willowbrook
Avenue to West
City Limits
June 6, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON AUTHORIZING THE ISSUANCE OF A PURCHASE
ORDER TO THE CALIFORNIA CITIES FOR SELF-RELIANCE
JOINT POWERS AUTHORITY FOR ANNUAL FUNDING
CONTRIBUTION ($30,000)
SUMMARY
Since 2006, the City of Compton has been a member of the California Cities for Self-Reliance Joint Powers Authority (“Authority”). The attached resolution will authorize the City Manager to issue a purchase order to the Authority in the amount of Thirty Thousand Dollars ($30,000.00) as Compton’s annual contribution to the Authority for the 2022-2023 Fiscal Year.
BACKGROUND
In 2001, the cities of Bell Gardens, Commerce, Gardena and Hawaiian Gardens (the “Founding Members”) formed the California Cities for Self Reliance Joint Powers Authority (the “Authority”). Pursuant to California Government Code Section 6500 et seq., the Founding Members executed a Joint Powers Agreement (the “Agreement”). The Agreement was amended in September 2006 to admit the City of Compton and the City of Inglewood as “Trade Members.”
The members of the Authority consist of cities that are authorized to license the operation and ownership of card clubs (i.e. gaming establishments) and regulate the operations thereof. The Authority was formed as a coalition of cities that seek to protect their constituents and ensure the continuation of revenues collected from gaming establishments within their cities. More specifically, the Authority identifies as some of the purposes for which it was created as : (1) to promote and protect the gaming economy of the member cities of the Authority; (2) to seek opportunities for gaming beneficial to the member cities and gaming establishments within their boundaries; (3) to advance the interests of member cities on issues of gaming; (4) to support the interests of gaming establishments in the member cities at regional, state and national levels; and (5) to create gaming opportunities and enter into ventures with all participants in gaming so as to enhance gaming revenues to member cities and the gaming establishments within their boundaries.
9. Staff Report - Resolution Approving P.O.
California Cities for Self Reliance Joint Powers
Annual Funding ($30,000) From Members
June 6, 2023, page 2
STATEMENT OF THE ISSUE
The City’s membership dues must be paid for the City to remain in good standing and for City officials to utilize the above identified benefits and services. The Authority Board of Directors has approved a yearly projected budget of $235,000 calculated at Authority member cities contributing $30,000.00 each.
FISCAL IMPACT
Funds for this expenditure are available in the 2022-2023 Fiscal Year budget in Account No. 1001-510-000-4219 (Memberships and Publishing).
RECOMMENDATION
It is recommended that the attached Resolution be adopted.
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO THE
CALIFORNIA CITIES FOR SELF-RELIANCE JOINT POWERS
AUTHORITY FOR ANNUAL FUNDING CONTRIBUTION ($30,000)
WHEREAS, Section 6500 et seq., of the California Government Code provides that two or more cities may, by agreement, jointly exercise any powers common to the cities to the agreement and may by that agreement create an entity which is separate; and
WHEREAS, the California Cities for Self-Reliance Joint Powers Authority (“Authority”) was formed on July 11, 2001, by the execution of a Joint Powers Authority Agreement (“Agreement”) by and between the cities of Bell Gardens, Commerce, Gardena and Hawaiian Gardens; and
WHEREAS, on September 12, 2006, the cities of Bell Gardens, Commerce, Gardena and Hawaiian Gardens approved Addendum to the Agreement to admit the City of Compton and the City of Inglewood as Trade Members of the Authority; and
WHEREAS, members of the Authority consist of cities that are authorized to license the operation and ownership of card clubs (i.e. gaming establishments), license employees to work in gaming establishments and otherwise regulate the operations of gaming establishments; and
WHEREAS, the Authority was formed as a coalition of cities that seek to protect their constituents and ensure the continuation of revenues collected from gaming establishments within their cities; and
WHEREAS, the City’s membership dues must be paid for the City to remain in good standing and for City officials to utilize the above identified benefits and services; and
WHEREAS, the Authority Board of Directors has approved a yearly projected budget of $235,000 calculated at Authority member cities contributing $30,000.00 each; and
WHEREAS, funds for this expenditure are available in the 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 is hereby authorized to issue a purchase order in the amount of Thirty Thousand Dollars ($30,000.00) to the California Cities for Self-Reliance Joint Powers Authority as payment for the City of Compton’s 2022-2023 Fiscal Year contribution to the pay annual membership dues to California Cities for Self-Reliance Joint Powers Authority.
SECTION 2. That funds are available in the 2022-2023 Fiscal Year budget, in Account No. 1001-510-000-4219.
SECTION 3. That a certified copy of this Resolution shall be filled in the offices of the City Manager, City Clerk and the City Controller.
SECTION 4. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
Resolution No. ____________
ADOPTED this ______ day of __________, 2023.
________________________________
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, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the _______ day of ___________, 2023.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSENT: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERS- ___________________________________
CITY CLERK OF THE CITY OF COMPTON