Agenda packet — Compton City Council, September 26, 2023 (part 2 of 3)

Contractors Amount
All American Asphalt They do not perform bridge work in- house
Beador Construction $4,381,300
Hardy & Harper, Inc. The project scope did not fit within the services they provide; and
WHEREAS,based upon review of the submitted bid documents, the urgency of the City to commence construction on the Artesia Boulevard bridge, it was determined that Beador Construction, Inc. was the apparent lowest bidder in the amount of $4,381,300; and
WHEREAS,additionally, staff recommends that a ten percent (10%) contingency in the amount of $431,130 for any unforeseen costs be authorized for this Project and the project is specified to be completed in 180 working day; and WHEREAS,the Public Works Engineering Department’s 2023-2024 Fiscal Year will be amended as follows:

Increase Revenue
Account No. Description Amount
2789-710-041-3569 State Grants $4,819,430
Increase Expenditures
Account No. Description Amount
2789-710-041-4300 State Grants $4,819,430; and
Capital Outlay
WHEREAS,funds in the amount of $4,819,430 will be available in the Public Works Engineering Department’s 2023-2024 Fiscal Year budget in Account No. 2789- 710-041-4300.

WHEREAS,in order to amend the Public Works Engineering Department’s 2023-2024 Fiscal Year’s budget and authorize the City Manager to enter into a construction contract with and establish a purchase order for Beador Construction Company, Inc. in the amount of $4,381,300 and a contingency amount of $431,130 for the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project, CIP# 23-01, City Council’s authorization is necessary.

Resolution No. __________

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

SECTION 1.That the bid of Beador Construction, Inc. in the amount of Four Million Three Hundred Eighty One Thousand and Three Hundred Dollars ($4,381,300) is hereby accepted and all other bids rejected.

SECTION 2.That the City Manager, upon the advice and approval of the City Attorney. is hereby authorized to enter into a construction contract with Beador Construction, Inc. for services performed on the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project, CIP# 23-01.

SECTION 3.That the Public Works Engineering Department’s 2023-2024 Fiscal Year will be amended as follows:

Increase Revenue
Account No. Description Amount
2789-710-041-3569 State Grants $4,819,430
Increase Expenditures
Account No. Description Amount
2789-710-041-4300 State Grants $4,819,430
Capital Outlay
SECTION 4.That funds in the amount of $4,819,430 will be available in the Public Works Engineering Department’s 2023-2024 Fiscal Year budget in Account No. 2789-710-041-4300.

SECTION 5.That a purchase order in the amount of $4,819,430 is authorized to be established for Beador Construction, Inc. for services to be rendered on the Artesia Boulevard over Alameda Street and ACTA/UPRR Bridge Repair Project, CIP# 23-01.

SECTION 6.That a project contingency amount of Four Hundred Thirty Eight Thousand One Hundred and Thirty Dollars ($438,130) is hereby authorized.

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 Engineering 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
Resolution No. __________

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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 MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
_____________________________________

CITY CLERK OF THE CITY OF COMPTON
Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Beador Construction ITEM NO. ITEM DESCRIPTION QUANTITY UNIT OF

MEASURE UNIT COST TOTAL COST
1 Mobilization 1 LS $435,000.00 $435,000.00
2 Traffic Control 1 LS $250,400.00 $250,400.00
3 Best Management Practices 1 LS $50,000.00 $50,000.00
4 Coordination with Railroads 1 ALLOW $50,000.00 $50,000.00 5 Remove Chain Link Fence 290 LF $30.00 $8,700.00
6 Salvage and Reinstall Metal Bridge
Railing 101 LF $220.00 $22,220.00
7 Lead Testing and Compliance Plan 1 LS $25,000.00 $25,000.00 8 Lead Removal and Disposal 1 ALLOW $100,000.00 $100,000.00 9 Asbestos Containing Material
Removal and Disposal 1 ALLOW $50,000.00 $50,000.00
10 Bridge Removal (Portion) 1 LS $350,000.00 $350,000.00 11 Clearing and Grubbing 1 SF $50,056.00 $50,056.00
12 Remove and Patch Unsound
Concrete 500 SF $220.00 $110,000.00
13 Structure Excavation (Bridge) 28 CY $390.00 $10,920.00 14 Structure Backfill 22 CY $750.00 $16,500.00
15 Furnish Helical Pile 20 EA $8,500.00 $170,000.00
16 Install Helical Pile 20 EA $15,000.00 $300,000.00
17 Structural Concrete, Bridge 33 CY $5,900.00 $194,700.00 18 Structural Concrete, Bridge
(Polymer Fiber) 191 EA $3,700.00 $706,700.00
19 Drill and Bond Dowel 413 LF $45.00 $18,585.00
20 Furnish Precast Concrete Security
Wall Panel 2,020 SF $65.00 $131,300.00
21 Erect Precast Concrete Security
Wall Panel 12 EA $3,700.00 $44,400.00
22 Furnish Structural Steel (Bridge) 118,728 LB $5.50 $653,004.00 23 Erect Structural Steel (Bridge) 118,728 EA $2.00 $237,456.00 24 Clean and Paint Structural Steel 1 LS $125,000.00 $125,000.00 25 Joint Seal (MR 1") 111 FT $150.00 $16,650.00
26 Joint Seal (MR 2") 111 FT $150.00 $16,650.00
27 Bar Reinforcing Steel (Bridge) 43,743 LB $3.00 $131,229.00 28 Miscellaneous Metal (Bridge) 1,418 LB $60.00 $85,080.00 29 Chain Link Fence (Type CL-6) 290 LF $75.00 $21,750.00 TOTAL 1 $4,381,300.00

CONSTRUCTION SERVICES AGREEMENT

BETWEEN

CITY OF COMPTON
AND

BEADOR CONSTRUCTION
[Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project– CIP #23-01] This AGREEMENT is entered into by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) located at 205 South Willowbrook Avenue, Compton, California 90220, and BEADOR CONSTRUCTION (hereinafter referred to as “CONTRACTOR”) located at 2900 Bristol Street, Suite D204, Costa Mesa, California 92626, (each a “Party” and collectively, the “Parties”).

RECITALS:

A. City is a municipal corporation duly organized and validly existing under the law of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City.

B. Contractor is a corporation duly organized and in good standing in the State of California.

Contractor represents that it is duly licensed by the State of California (License No. 720483) and has the background, knowledge, experience and expertise to perform the obligations set forth in this Agreement.

C. City and Contractor enter into this Agreement for the purpose of retaining Sully-Miller Contracting Company (Contractor) to perform that work required pursuant to the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project CIP# 23-01 (“Project”).

D. Authorization to enter into this Agreement is pursuant to Resolution No. _______adopted by the City Council on ________, 2023.

WHEREFORE, the City and Contractor, for the consideration, terms and conditions herein described, mutually agree as set forth below:

1.0 GENERAL PROVISIONS

1.1 Definitions.

1.1.1 “Work” consists of all of the Construction Services, including but not limited to all of the labor, materials and equipment necessary to complete the Project in accordance with the Contract Documents.

1.1.2 “Contract Documents” consists of this Agreement (interchangeably “Contract”) (including all exhibits and schedules), any amendments and clarifications issued thereto, the “Notice Inviting Bids,” “Instructions to Bidders,” any “Supplementary Instructions to Bidders,” and any addendum(s) and supplements thereto issued by the City, the “Proposal” and any “Bid/Unit Price Proposal” submitted by the Contractor, the plans, general conditions, special provisions, standard and technical specifications, schedules, exhibits, drawings, designation of subcontractors, information required of bidder, all required bonds, insurance policies, endorsements, certificates, permits, notices and affidavits, notice to proceed, notice of completion, any Change Orders, the provisions of the Standard Specifications for Public Works Construction (SSPWC), latest Edition (except as modified), Standard Specifications of the State of California Department of Transportation (CalTrans), latest Edition (except as modified), Work Area Traffic Control Handbook (WATCH), latest Edition, CalTrans Standard Drawings, latest edition, Manual on Uniform Traffic Control Devices (MUTCD), latest Edition, MUTCD Latest Construction Services Agreement – Beador Construction Company, Inc.

Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01) Resolution No. ______/Public Works Department
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California Supplement, and any and all other documents identified in the Contract Documents which together form the agreement between the City and the Contractor.

1.2 Public Work of Improvement.

City and Contractor acknowledge that City is a political subdivision of the State of California and that construction of the Project is to be funded with public funds.

1.3 Trust and Confidence.

Contractor accepts the obligation of trust and confidence established between it and City by this Agreement and shall act in the best interests of City, as its fiduciary, in carrying out Contractor’s duties and responsibilities under this Agreement, including, without limitation, the furnishing of efficient business administration, sufficient senior level management and other qualified personnel to complete Contractor’s obligations under the Contract Documents in an expeditious and economical manner and within the Contract Price and Contract Time.

1.4 Standard of Care.

Contractor shall perform all its obligations under the Contract Documents in accordance with the highest standard of care applicable to the performance of services and Work required by the Contract Documents. In the event portions of the Project are to be performed in accordance with a specific performance standard, the Work shall be performed so as to achieve such standard.

1.5 Compliance with Applicable Laws.

Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project, and shall give all notices and comply with all applicable laws and lawful orders of any governmental authorities (including, without limitation, those laws, ordinances, rules, regulations and lawful orders relating to safety, prevailing wage, Hazardous Substances, and equal employment opportunities); pay all local, state and federal taxes; and pay all benefits, insurance, taxes and contributions for Social Security and Unemployment Insurance which are measured by wages, salaries or other remuneration paid to Contractor's employees. Contractor shall be liable for all violations of such laws and regulations in connection with the Contractor’s obligations on this Project. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a Charter city are a part of this Agreement to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents (hereinafter “City”) free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

Construction Services Agreement – Beador Construction Company, Inc.

Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01) Resolution No. ______/Public Works Department
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This Agreement is subject to and incorporates the terms of the Housing and Community Development Act of 1974, as amended by the Cranston-Gonzalez National Affordable Housing Act, 1990, and the 24 CFR Part 85. If the compensation under this Agreement is in excess of $100,000 then Contractor shall comply with applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 18579h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency Regulations (40 CFR part 15).

The Contractor must obtain and present all relevant state and local insurance, training and licensing pursuant to Work required within this Contract. Contractor shall also comply with the following laws:

1.5.1 Prohibition Against Employment Discrimination.During the performance of this Contract, the Contractor will not discriminate against any employee or applicant for employment because of race, color, gender, marital status, ethnicity, religion, age or medical condition as set forth in the California Labor Code Section 177.6, Government Code, Title VII of the Civil Rights Act and the Civil Rights Act of 1991 and any amendments to the above. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, gender, marital status, ethnicity, religion, age or medical condition.

In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations or orders, this Contract may be canceled, terminated or suspended in whole or part and the Contractor may be declared ineligible for further Government contracts and such other sanctions may be imposed and remedies invoked as provided by law.

1.5.2 Clayton Act and Cartwright Act.In accordance with Section 7103 of the California Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the City all rights, and interest in and all causes of action it may have under Section 4 of the Clayton Act or under the Cartwright Act, arising from the purchases of goods, services or materials pursuant to this Contract.

1.5.3 Federal Lobbyist Requirements.The Contractor is prohibited by the Department of Interior and Related Agencies Appropriations Act, known as the Byrd Amendments, and HUD’s 24 CFR Part 87, from using federally appropriated funds for the purpose of influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment or modification of said documents.

1.5.4 Subletting and Subcontracting.Contractor acknowledges and agrees that it is the City’s intent for the provisions of the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the California Public Contract Code) to apply to all phases of the Work.

Construction Services Agreement – Beador Construction Company, Inc.

Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01) Resolution No. ______/Public Works Department
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1.5.5 Prevailing Wage Requirements.This Project is funded in whole or in part with Federal Housing and Community Development funds. The Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced.

This Project is a public work in the State of California, which may be funded in whole or in part with public funds. Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced. Contractor’s duty to pay State prevailing wages can be found under California Labor Code Section 1770 et seq. and the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment can be found in California Labor Code Sections 1775 and 1777.7, as such wage rates are amended from time to time. It is the Contractor’s responsibility to ensure payment of prevailing wages and inform all subcontractors that prevailing wage requirements apply to this construction project from commencement of the Contract through completion of the Work. .aContractor shall pay all employees on said Work a salary or wage at least equal to the prevailing salary or wage established for such Work as set forth in the wage determinations and wage standards applicable to this Work. Contractor shall forfeit to the City, as penalty, Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by him or any subcontractors under him) less than the prevailing rate described above on the Work provided for in this Agreement, all in accordance with the State Labor Code and be subject to debarment from future public works projects with the City for a period not to exceed three (3) years. The Contractor shall not require more than eight (8) hours in a day from any person employed by him hereunder, except as provided in the Labor Code. The Contractor shall conform to the State Labor Code and it is agreed that the Contractor shall forfeit to the City, as penalty, the sum of Twenty Five Dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or any subcontractors for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in one day or 40 hours in one week in violation of said article. The Contractor shall indemnify, defend and hold harmless the City, its officials, officers, employees and agents from any and all liability including, but not limited to wages, overtime pay, liquidated damages, penalties, court costs, and attorneys fees arising under any wage and hour law including, but not limited to the Federal Fair Labor Standards Act, as amended, for work performed by the Contractor’s employees for which the City may be found jointly or solely liable.

1.5.6 Employment of Apprentices.Pursuant to California Labor Code Section 1777.5, Contractor shall file with the appropriate Joint Apprenticeship Training Committee (“JATC”), a DAS-140 form registering to train apprentices. Only those programs approved by the California Apprenticeship Council are applicable to accept DAS-140 registration forms. In addition, Contractor is required to make appropriate training contributions as set forth in the prevailing wage determination to each appropriate JATC, or in the alternative, to the California Apprenticeship Council. .aContractor shall forfeit to the City, as penalty, Fifty Dollars ($50.00) for each calendar day and be subject to debarment from future public works projects with the City for a period not to exceed three (3) years for failure of Contractor to register to train apprentices or failure to pay the appropriate training contribution.

1.5.7 Certified Payrolls.Pursuant to California Labor Code Section 1776, Contractor shall keep weekly payroll records, which shall be certified under penalty of perjury to record the proper payment of prevailing wages for this Project. City shall accept computer printouts (which are then certified) in lieu of the standard form as long as the computer printout provides all of the same information as required on the certified payroll form. Failure of Contractor to provide the certified payrolls within ten (10) days of a written deficiency notice from the City shall result in a penalty of Twenty Five Dollars ($25.00) per day per worker for each day of violation. City maintains the right to withhold any and Construction Services Agreement – Beador Construction Company, Inc.

Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01) Resolution No. ______/Public Works Department
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all funds due the Contractor and/or his/her subcontractors in the event that certified payrolls are not maintained and provided to the City upon request.

1.5.8 Employment Eligibility.Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to the Immigration Reform and Control Act of 1986, as may be amended from time to time. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of this Agreement. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors performing any work relating to this Project or this Agreement to make the verifications and comply with all requirements and restrictions provided herein. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in this Section 1.5.8. Should Contractor employ undocumented aliens for the performance of Work covered by this Agreement, and should any liability or sanctions be imposed against the City for such use of undocumented aliens, Contractor hereby agrees to and shall reimburse City for the cost of all liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

1.5.9 Water Pollution Control.

1.5.9.1 Best Management Practices (BMPs).Contractor, without limitation, shall be responsible to provide and implement Best Management Practices to comply with National Pollution Discharge Elimination System (“NPDES”) standards and practices. The Contractor shall be responsible, to the fullest extent possible, not to permit any contaminants, including soil, to enter any drainage system. Contractor shall be responsible to maintain equipment so that oil, grease, gasoline, diesel fuel, et al., does not contaminate areas subject to run-off. The Contractor and its surety shall fully indemnify the City for any pollution damage and/or cleaning costs. All construction of off-site and on-site improvements shall adhere to NPDES Best Management Practices to prevent deleterious materials or pollutants from entering the City or County storm drain systems. Best Management Practices shall be defined as any program, technology, process, site criteria, operating method, measure or device which controls, prevents, removes or reduces pollution. Contractor shall obtain and refer to the California Storm Water Best Management Practice Handbooks, Volume 3 Construction BMP Handbook and the Los Angeles County Department of Public Works Best Management Practices Handbook for Construction Activities.

The City, as permittee, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency and private citizens. The City may assess the Contractor a penalty of One thousand Dollars ($1,000.00) for each calendar day that the Contractor has not fully implemented the BMPs specified for the contract and/or is otherwise in noncompliance with these provisions. In addition, the City will deduct, from the final payment due the contractor, the total amount of any fines levied on the City, plus legal and staff costs, as a result of the Contractor’s lack of compliance with these provisions and/or less than complete implementation of the specified BMPs.

1.5.10Upon City's request, Contractor shall furnish evidence satisfactory to City that any and all of the foregoing obligations have been fulfilled. Without limiting the foregoing, Contractor shall pay all employees on said Work a salary or wage at least equal to the prevailing salary or wage established for such Work as set forth in the wage determinations and wage standards applicable to this Work.

1.6 Key Personnel.

1.6.1 Contractor’s Representative. Contractor hereby designates David Beador, Construction Services Agreement – Beador Construction Company, Inc.

Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01) Resolution No. ______/Public Works Department
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President of Contractor as Contractor’s Representative, who shall be deemed to be Contractor’s agent with express authority to bind Contractor with respect to all matters requiring Contractor’s approval or authorization.

1.6.2 City’s Representative. City hereby designates the Director of the Public Works Department, or his/her designee as City’s Representative for this Project.

1.7 Independent Contractor.

Contractor shall be an independent contractor, and neither Contractor, its officers, principals, employees, agents, volunteers and subcontractors (collectively hereinafter the “Contractor”), shall be considered employees or agents of City. Neither the City nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the Contractor, except as expressly set forth in this Agreement. Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Agreement that Contractor shall not at any time or in any manner, represent that Contractor is in any manner officers, employees, agents or volunteers of the City. Contractor shall obtain no rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees. Contractor expressly waives any claim to such rights.

1.7.1Contractor verifies that it possesses a “Class A” Contractor’s License(s) adequate to perform the Work herein described and that all subcontractors of Contractor have equivalent licenses for their specific trades. Contractor further verifies that it and its subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work under the Labor Code.

1.8 Permits.

Contractor understands and assumes all risk and sole responsibility, without any adjustment to the Contract Price or Contract Time, for obtaining all permits, licenses and approvals that may be necessary for the Project to be completely constructed and ready for acceptance or occupancy by City.

Prior to or at the time of execution of this Agreement, the Contractor, and all Contractor’s subcontractors, shall purchase a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code and obtain applicable no-fee construction permits.

2.0 SCOPE OF SERVICES

2.1It is the mutual understanding of the Parties that all construction services to be performed hereunder shall be performed pursuant to the fee schedule, scope of work, the City Engineer and/or Project Manager, and other requirements contained in the Contract Documents. Contractor agrees to provide and furnish all necessary professionals, managers, supervisors, staff, equipment, materials, laborers, necessary tools, expendable equipment, all utility and transportation services and other facilities required to complete the following work:

Construction Services Agreement – Beador Construction Company, Inc.

Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01) Resolution No. ______/Public Works Department
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ARTESIA BOULEVARD OVER ALAMEDA STREET AND ACTA/UPRR BRIDGE REPAIR PROJECT (CIP# 23-01)
The proposed work shall be performed in accordance with the plans, specifications and other contract documents as specified herein and shall consist of the following general work descriptions: survey of existing bridge; protection of utilities, coordination with utility companies and railroads; demolition of existing eastern span of existing bridge including possible lead and asbestos; surface repair of existing substructures; new bearings and steel girders; concrete bridge deck, median, sidewalk, curb; salvage and reset existing steel rail; deck joints; traffic control.

2.2 Management of Construction Work.

In addition to the Construction Work, Contractor shall cooperate with the City, City’s Engineer and/or any construction management firm it may utilize as concerns and is incidental to construction projects of the nature and scope of this Project. The services required are not intended in any manner to diminish the overall responsibility of Contractor for the full and final completion of the Construction Work within the time and cost constraints specified in this Contract.

Contractor shall bear all costs associated with this Work, including, but not limited to, all professional, technical, clerical services, materials, tools, equipment, transportation, telephone, etc., used by Contractor in connection with this Work.

3.0 CONTRACT PRICE

3.1 Total Compensation.

As full and complete compensation for the faithful performance of all of the Work hereunder performed by Contractor in accordance with the Contract Documents, City shall pay, and Contractor agrees to accept, a not-to-exceed maximum sum of Four Million Three Hundred Eighty One Thousand and Three Hundred Dollars ($4,381,300.00) (“Contract Price”), subject to adjustments for changes in the Work as may be agreed to in writing by the City and Contractor.

3.2 The Contract Price, unless changed by a properly authorized and written Change Order, represents the absolute limit of obligation or liability that City may ever have insofar as the cost for full and final completion of the Work, and the total of all payments to Contractor are concerned. Should additional amounts be required to be expended, over and above the Contract Price, to achieve completion of the Work, including project construction, and payment to Contractor, in accordance with this Contract, liability for and payment of such additional amounts shall be the sole responsibility of Contractor and its Contract surety herein, and City shall not be liable for same. Should the final cost of the construction work and Contractor’s compensation total less than the Contract Price, or any approved revision thereof, the difference shall inure to the benefit of City and no claim for all or any portion of said difference shall be valid against or payable by City.

3.3 Payments.

Progress payments may be made in arrears based on the percentage of work and deliverables completed by the Contractor. If Contractor fails to submit the required deliverable items according to schedule, the City shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions noted herein.

Contractor shall be reimbursed in accordance with the provisions of California Public Contract Code, Section 20104.50, upon receipt by the City of itemized invoices for services completed.

Construction Services Agreement – Beador Construction Company, Inc.

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City will verify the accuracy of the request, correct the charges where appropriate and make payment to the Contractor in an amount equal to the amount of such invoice, as verified or corrected by City.

Invoices shall be submitted no later than 45 calendar days after the performance of Work for which the Contractor is billing. Invoices shall be delivered or mailed to the Public Works Director or his/her designee at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.

3.4 Retention.

Contractor agrees to the withholding of a 5% retention fee by the City. Unless there is a dispute, within sixty (60) days after the date of completion of the Work, the retention fee shall be released.

If there is a dispute, the City may withhold from the final payment an amount not to exceed 150% of the disputed amount. For purposes of this section, “completion” means any of the following:
The occupation and use of the improvement by the City after cessation of labor on the Work; or
The acceptance of the Work by the City; or
Cessation of labor on the Work of improvement for continuous period of at least 100 days, due to factors beyond the control of the City; or Cessation of labor on the Work of improvement for continuous period of at least 30 days if the City files for record a notice of cessation or a notice of completion. -Or-
Pursuant to Section 22300 of the Public Contract Code, this Contract permits the substitution of securities for any monies withheld by a public agency to ensure performance under this Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank as the escrow agent, who shall then pay such monies to the Contractor. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor.

Securities eligible for investment under this section shall include those listed in Government Code Section 16430 or bank or savings and loan certificates of deposit. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

In the alternative, under Section 22300, Contractor may request the City to make payment of earned retentions directly to the escrow agent at the expense of Contractor. Also at Contractor‘s expense, Contractor may direct investment of the payments in securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Contract, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from the City pursuant to the terms of Section 22300. Contractor shall pay to each subcontractor, not later than 20 days after receipt of such payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to insure performance of Contractor.

3.5 Contractor’s Warranty of Contract Price.

Contractor warrants and represents that the Contract Price, includes without Limitation:
(i) all overhead, general and administrative expenses, including without limitation, both on-site and off-site direct job expenses and home office overhead for the Project and all fees and assessments for building Construction Services Agreement – Beador Construction Company, Inc.

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and other permits for which Contractor is responsible, licenses and inspections required for the Project, and (ii) includes and assumes that from time to time Contractor will encounter delays, difficult conditions arising from limited access to work areas or other interferences for which responsibility is not otherwise attributable to Contractor and unforeseen conditions at the Site not constituting differing site conditions.

Except as otherwise provided in the Contract Documents, Contractor assumes full responsibility for its examination, investigation and understanding of such delays and difficulties which may be encountered, and shall be deemed to have included in its Contract Price a sum to cover the cost and expense associated therewith.

4.0 TIME

4.1 Time of Essence.

Time is of the essence with respect to all time limits set forth in the Contract Documents.

4.2 Commencement.

4.2.1 Construction Services. Contractor agrees to commence the Work provided for herein within 10 calendar days after receipt of the Notification to Proceed or as otherwise agreed in writing with the Director of his/her designee, and continue in a diligent, professional and worker-like manner as directed by the City without interruption until the each of the requested segment(s) and/or location(s) identified by the City for repairs and work is completed or within a total of 180 working days (this period is inclusive of time to procure needed materials, mobilization, etc.), whichever occurs first, unless this Agreement is extended, suspended or terminated as provided herein. .aNotwithstanding any other provisions of this Contract, Contractor shall not be obligated to perform any work and the City shall not be obligated to accept or pay for any work performed by the Contractor prior to issuance of a Notice to Proceed. The City’s knowledge of work being performed prior to issuance of the Notice to Proceed shall not obligate the City to accept or pay for such work. Contractor shall provide all required contract bonds and evidences of insurance prior to commencing work pursuant to this Contract.

4.3 Extensions.

The Contract Time shall not be extended except by a properly authorized and written Change Order issued in accordance with the Contract Documents.

4.4 Compensation for Delay.

4.4.1 Sole Remedy. Extensions of time adjusting the Contract Time shall be Contractor's sole and exclusive remedy for delay for reasons beyond its reasonable control.

4.5 Liquidated Damages.

IF CONTRACTOR FAILS TO ACHIEVE SUBSTANTIAL COMPLETION OF THE WORK WITHIN THE PERIODS OF TIME REFERRED TO IN PARAGRAPH 4.2.1 OF THIS AGREEMENT (AS

ADJUSTED BY CHANGE ORDER FOR EXTENSIONS PERMITTED BY THE CONTRACT

DOCUMENTS), CITY WILL INCUR DAMAGES, THE AMOUNT OF WHICH WILL BE DIFFICULT OR

IMPOSSIBLE TO ESTABLISH WITH CERTAINTY, INCLUDING BUT NOT LIMITED TO INEFFICIENCY AND DISRUPTION OF CITY'S OPERATIONS. THE PARTIES THEREFORE AGREE THAT FOR EACH DAY PAST THE COMPLETION DATES REFERRED TO IN PARAGRAPH 4.2.1 (AS ADJUSTED BY

CHANGE ORDER FOR THE EXTENSIONS PERMITTED BY THE CONTRACT DOCUMENTS) THAT Construction Services Agreement – Beador Construction Company, Inc.

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THE WORK IS NOT SUBSTANTIALLY COMPLETE, CONTRACTOR SHALL PAY CITY THE SUM OF ONE THOUSAND DOLLARS ($1,000) FOR EACH CALENDAR DAY DELAYED BEYOND THE TIME PRESCRIBED FOR FINISHING THE WORK AS LIQUIDATED DAMAGES. THIS SUM REPRESENTS

A REASONABLE EFFORT TO ESTIMATE FAIR COMPENSATION FOR THE FORESEEABLE

LOSSES CITY WILL INCUR ON ACCOUNT OF DELAYS IN SUBSTANTIAL COMPLETION OF THE WORK AND IS NOT A PENALTY. IF LIQUIDATED DAMAGES ARE NOT PAID, THE CITY MAY

DEDUCT THE AMOUNT THEREOF FROM ANY MONEY DUE OR THAT MAY BECOME DUE TO THE

CONTRACTOR UNDER THIS AGREEMENT IN ADDITION TO ANY OTHER REMEDY AVAILABLE TO THE CITY. CONTRACTOR SHALL NOT BE ASSESSED LIQUIDATED DAMAGES IF THE DELAY IS

CAUSED BY ACTS OF GOD WHICH COULD NOT REASONABLY HAVE BEEN FORESEEN OR GUARDED AGAINST; STRIKES, BOYCOTTS OR LIKE OBSTRUCTIVE ACTIONS BY CONTRACTOR’S OR IT’S SUBCONTRACTOR’S EMPLOYEES WHICH ARE BEYOND CONTRACTOR’S CONTROL; FAILURE OF CITY TO PERFORM; OR FAILURE OF A PUBLIC

UTILITY TO RELOCATE OR REMOVE AN EXISTING UTILITY REQUIRED FOR PERFORMANCE OF THIS CONTRACT. CITY AND CONTRACTOR HEREBY INDICATE THEIR AGREEMENT TO THE FOREGOING LIQUIDATED DAMAGES PROVISION:
____________________________ ________________________________________ City of Compton – City Manager Contractor – Beadpr Construction Company, Inc.

4.6 Construction Schedule.

Contractor shall prepare and submit to City a detailed Construction Baseline Schedule (showing all milestones with critical activities on the Baseline Schedule) for each street segment(s) and/or location(s) identified and requested for repairs and Work prior to commencing construction. No Work shall be started until the Schedule has been approved in writing by the City. The Construction Schedule shall be prepared, utilizing a time-scaled bar chart showing continuous flow from left to right and major milestones which are critical to the completion of the construction of the Project and a clearly highlighted critical path. Durations and specific calendar dates shall be clearly and legibly shown for the start and finish of each activity. Activities shall be in sufficient detail to demonstrate a practical plan to complete the construction within the Contract Time. There shall be no extension of time granted due to delay caused by inability to obtain materials without the advance written approval of the Public Workers Director or his/her designee.

Contractor shall be held responsible for coordination of all phases of the operations/Work so that the schedule can be met. If Contractor desires to make a major change in its methods or operations after commencing construction or if its Schedule fails to reflect the actual progress, the Contractor shall submit to the City a revised Construction Schedule. Said revised Schedule shall be submitted in advance of beginning revised operations. The City may suspend all progress payments if the Contractor fails to comply.

4.7 City Review Periods.

All schedules prepared by Contractor, shall include such City review periods as are required by the nature of the work and/or as requested by the City. Contractor shall in all cases deliver to City prior to commencement of a City review period a written request for review, accompanied, if appropriate, by the document, question or other information requiring the City or Architect review, response, approval or consideration. For purposes of determining compliance with the City review periods, if Contractor does not deliver its request for review before the first day of a City review period scheduled in the governing schedule, the City review period shall not commence until Contractor delivers such request and the respective City review date shall be extended (without any corresponding Construction Services Agreement – Beador Construction Company, Inc.

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adjustment to the Contract Time) on a day-for-day basis until Contractor delivers such request to the proper entity from which a response, review or approval is sought. To the extent that such an extension causes delay to Contractor's performance within the Contract Time, such delay shall be deemed an inexcusable delay.

4.8 Governmental Authority Review Periods.

Contractor shall include in all of the schedules it prepares estimates of the time required for governmental authorities to inspect, review and approval of the Work while in progress. Contractor is solely responsible for the sufficiency and accuracy of its estimates of time for all governmental authority review periods.

5.0 CONSTRUCTION PHASE

5.1 General.

5.1.1Contractor shall completely perform, to City’s satisfaction, all of the Work in accordance with this Agreement and other Contract Documents.

5.1.2Unless otherwise provided in the Contract Documents, Contractor shall furnish, or cause to be furnished, and shall pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated into the Work.

5.1.3Contractor shall attend meetings with City as frequently as is necessary to the expeditious performance of the Work for the purpose of discussing construction issues which may arise during the Project.

5.2 Supervision of Work.

Contractor shall supervise and direct the Work, using Contractor’s best skill and attention.

Contractor shall be solely responsible for and have control over all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work.

5.3 Permits, Approvals, Licenses and Notices.

Contractor shall obtain and pay for (i) all permits, approvals, licenses and easements; and (ii) government charges and inspection fees pertaining to the construction of the Project.

5.4 Safety.

5.4.1Contractor shall have overall responsibility for safety precautions and programs in the performance of the Work.

5.4.2Contractor shall seek to avoid injury, loss or damage to persons or property by taking reasonable steps to protect:
.aEmployees and all other persons at the Site;
.bMaterials and equipment stored on the Site or off the Site at locations for use in performance of the Work; and
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.cThe Project and all property located at the Site, whether or not said property or structures are part of the Project or involved in the Work.

5.4.3Contractor shall designate an individual at the Site in the employ of Contractor who shall act as Contractor’s designated safety representative with a duty to prevent accidents.

5.4.4Losses not insured under property insurance which may arise from the performance of the Work, to the extent of the negligence attributed to such acts or omissions of Contractor or anyone for whose acts Contractor may be liable, shall be promptly remedied by Contractor at Contractor’s cost and without reimbursement by City as a cost of work, or in any other manner.

5.4.5If City deems any part of the Work or Site unsafe, City may require Contractor, without assuming responsibility for Contractor’s safety program, to immediately stop performance of the Work or take corrective measures. Neither City’s order nor Contractor’s action in response thereto shall be the basis for adjustment in the Contract Price or Contract Time.

5.4.6Should this work involve digging trenches or other excavations that extend deeper than four (4) feet below the surface, the Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:
.aMaterial the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site.
.bSubsurface or latent physical conditions at the Site differing from those indicated by information about the Site made available to bidders prior to deadline for submitting bids. .cUnknown physical conditions at the Site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

5.4.7Contractor represents that in advance of the excavation of any trench deeper than five (5) feet, it shall submit for acceptance by the City or a registered civil or structural engineer, employed by the City, to whom authority to accept has been delegated, in advance of excavation, of a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

5.5 Substitutions.

There shall be no substitutions in the Work or procedures or methods specified by the Contract Documents for performing the Work, unless Contractor first receives written approval for such substitution from City.

5.6 Trade Contractors.

5.6.1If applicable, Contractor shall employ only Trade Contractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Each Trade Contractor, of every tier, shall be fully bound to the Contract Documents in the same manner as Construction Services Agreement – Beador Construction Company, Inc.

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Contractor is bound to City for all the requirements of the Contract Documents to the extent applicable to the Trade Contractor’s portion of the Work.

5.6.2Contractor assumes responsibility for the proper performance of the Work of Trade Contractors, of every tier, and any acts or omissions in connection with such performance.

Contractor shall coordinate the activities of all Trade Contractors, of every tier.

5.7 Separate Contractors.

5.7.1Contractor agrees to reasonably cooperate with, and coordinate its activities so as not to interfere with, those Separate Contractors performing work at the Site, so that the Project can be completed in an orderly and coordinated manner without delay.

5.7.2If any part of the Work depends upon other work performed by Separate Contractors, Contractor shall, prior to proceeding with that part of the Work, inspect such other work and promptly notify the City of any circumstance or fact that would render such other work unacceptable for the proper performance of the Work. Contractor shall not proceed with such part of the Work without further direction from the City. Contractor shall be liable for losses incurred due to any defects in such other work not so reported by Contractor.

6.0 ACCOUNTING RECORDS

6.1 Access.

Contractor shall keep, and shall include in its contracts with its Trade Contractors, provisions requiring its Trade Contractors to keep, full and detailed accounts in accordance with the requirements of the Contract Documents and exercise such controls as may be necessary for proper financial management of the Work. Such accounting and control systems shall comply with prevailing custom and practice for similar Projects and be satisfactory to City and shall include preservation of such records for a period of four (4) years after final completion of the Work, or for such longer period as may be required by law.

Contractor shall allow, and shall include in its contracts with its Trade Contractors, provisions requiring its Trade Contractors to allow, City or its authorized representative(s) and accountants, within twenty-four (24) hours after requested by City, to inspect, audit or reproduce any and all records relating to the Project. Such records shall include all information, materials and data of every kind and character (hard copy, as well as computer readable data if it exists), that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations relating to the Project, including without limitation the following: agreements; purchase orders; leases; contracts; commitments; arrangements; notes; schedules; daily diaries; superintendent reports; drawings; receipts; vouchers; memoranda; accounting records; job cost reports, job cost files (including documentation covering negotiated settlements); backcharge logs; general ledgers; documentation of cash and trade discounts earned, insurance rebates and dividends; any documents customarily maintained by contractors performing work on a cost plus a fee basis; other documents that City otherwise deems necessary to substantiate charges or claims related to the Project.

6.2 Enforcement.

Contractor hereby consents and agrees that any failure by Contractor to provide access to records as provided in this Article 6.0 shall be specifically enforceable by issuance of a preliminary and/or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony, to compel Contractor to permit access, inspection, Construction Services Agreement – Beador Construction Company, Inc.

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audit and/or reproduction of the records or to require delivery of the records to City for inspection, audit and/or reproduction.

7.0 INDEMNITY, BONDS

7.1 Indemnity.

7.1.1 General Indemnity. To the fullest extent allowed by law, Contractor hereby agrees to defend, indemnify, and hold harmless City, its City Council, boards and commissions, officials, officers, agents, employees, representatives, insurers and volunteers (hereinafter collectively referred to as "City") through legal counsel acceptable to City, from and against any and all Losses arising directly or indirectly from, or in any manner relating to, any of the following: (i) any act or omission (negligent or otherwise) of Contractor, or by its Trade Contractors, of any tier; (ii) performance or nonperformance by Contractor or its Trade Contractors, of any tier, of any of the obligations under this Agreement or the other Contract Documents; (iii) the construction activities of Contractor, or its Trade Contractors, of any tier, either on the Site or on other properties; (iv) the payment or nonpayment of money by Contractor, or by any of its Trade Contractors, of any tier; or (v) any personal injury, property damage or economic loss to third persons or entities associated with the performance or nonperformance by Contractor, or any of its Trade Contractors, of any tier; provided, however, that nothing contained herein shall be construed as obligating Contractor to indemnify the City for losses resulting from the City’s sole negligence, active negligence or willful misconduct. Contractor shall pay City for any costs incurred in enforcing the defense and/or indemnity obligations under this provision. Nothing in this Section 7.1 shall be construed to give rise to any implied right of indemnity in favor of Contractor against the City.

7.1.2 Survival. The provisions of Paragraph 7.1.1 shall survive complete performance or termination of this Agreement.

7.1.3 Severability. The invalidity of any portion of Paragraph 7.1.1 shall not affect or render unenforceable any other portions thereof.

7.2 Bonds.

7.2.1 Bond Forms. Prior to commencing any construction of the Work, Contractor shall file with City good and sufficient "Labor and Material Payment" and "Performance" bonds in the amount of one hundred percent (100%) of the Contract Price for each. Contractor shall take steps to assure that the penal sum of the bonds shall be increased by the amount of any additive adjustments to the Contract Price due to Change Orders. The bonds shall be on forms satisfactory to and approved by City, signed by both Contractor and surety and properly notarized. Should any bond required hereunder or any surety on such bond become or be determined by City to be insufficient, it shall be replaced within ten (10) days by a bond that fully complies with the requirements of this Paragraph 7.2.1. No further payments to Contractor for work performed shall be made or become due until Contractor has fully complied with the requirements of this Section 7.2.

7.2.2 Duration. The payment bond shall remain in effect until sixty (60) days after final completion of the Work and all claims by Contractor and Trade Contractors, of every tier, have been satisfied. The performance bond provided by Contractor shall remain in effect for the duration of the period of all warranties required by the Contract Documents and shall assure faithful performance of all of Contractor's obligations under the Contract Documents, including, without limitation, all obligations that survive final completion or termination, such as but not limited to Contractor's obligations under its warranties, guarantees and to defend and indemnify City.

7.2.3 Premiums. The premiums for all bonds are included in the Contract Price and Construction Services Agreement – Beador Construction Company, Inc.

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shall be paid by Contractor.

7.2.4 Obligees. The performance and payment bonds shall name City as obligee.

7.2.5 Changes. Change Orders, Field Orders, Modifications, Scope Changes and other Changes in the Work and adjustments to the Contract Price or Contract Time shall in no way release or exonerate Contractor or its sureties from their obligations and notice thereof shall be waived by such sureties.

7.2.6 Communications. City shall have the right to communicate with Contractor's sureties with respect to matters that are related to Contractor's performance of its obligations under the Contract Documents. Such communications shall not create or be interpreted as creating any contractual relationship between City and any such surety.

8.0 INSURANCE

8.1 Insurance Requirements.The Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this Section 8.0.

As a condition precedent to the effectiveness of this Contract for work to be performed hereunder and without limiting the Contractor’s indemnification of the City, Contractor shall provide and maintain at its own expense during the term of this Agreement the following program(s) of insurance covering its operations hereunder. Failure on the part of the Contractor to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Agreement. Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. In the event that the Contractor's operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.

8.2 Minimum Scope of Insurance.Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Contractor under the terms of the Agreement. Contractor shall procure and maintain, at its own costs and expense, any additional kinds and amounts of insurance that, in its own judgment, may be necessary for its proper protection of the work.

All insurance required hereunder shall be primary with respect to any insurance maintained by the City and shall not call on the City’s program for contributions. Program(s) of insurance shall include:

8.2.1 Commercial General Liability.Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01 11 88, with minimum limits of at least One Million Dollars ($1,000,000.00) per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit. Defense costs shall be paid in addition to the limits. Products and completed operations coverage shall be maintained for a minimum of two years after completion of the Work.
.aThe policy shall contain no endorsements or provisions limiting coverage for (1) explosion, collapse or underground hazard (XCU); (2) products and completed operations; (3) contractual liability; (4) third party action over claims; (5) cross liability exclusion for claims or suits by one Construction Services Agreement – Beador Construction Company, Inc.

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insured against another; or (6) contain any exclusions contrary to the Contract.

8.2.2 Automobile Liability.Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 06 92 covering "Any Auto" (Symbol 1) with minimum limits of One Million Dollars ($1,000,000.00) each accident. If Contractor does not own any company vehicles, the requirement may be satisfied by providing (a) a Personal Automobile Liability policy for the Contractor's own vehicle (as specified in the following paragraph); and (b) a non-owned auto endorsement to the Commercial General Liability policy if Contractor may use vehicles of others (e.g., vehicles of employees). Independent Contractors may not be able to purchase a Business Automobile policy and consideration may be given to accepting a Personal Automobile Liability policy. Requirements should stipulate "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident.”

8.2.3 Workers' Compensation.Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance, with a limit of not less than One Million ($1,000,000.00) per accident for bodily injury and disease. Workers' Compensation and Employer's Liability insurance may not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this.

8.2.4Builder’s Risk Insurance.Builder’s Risk Insurance for any property constructed on behalf of the City, to cover “all risk” of physical loss providing for loss or damage from collapse, including collapse resulting from design error. The value insured shall cover 100% of the completed Contract cost and shall be maintained until full acceptance of the Work.

8.3 Endorsements.Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.

8.3.1The policy or policies of insurance required by Section 8.2.1 (Commercial General Liability) shall be endorsed to provide the following:
.aAdditional Insured: The City, its officials, officers, employees, agents, and volunteers shall be named as “additional insured” with regard to liability and defense of suits or claims arising out of the performance of the Agreement. .bAdditional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the Contract.
.cCancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium.

8.3.2The policy or policies of insurance required by Section 8.2.2 (Automobile Liability) shall be endorsed to provide the following:
.aCancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium.

8.3.3The policy or policies of insurance required by Section 8.2.3 (Workers' Compensation) shall be endorsed to provide the following:

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.aWaiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. .bCancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium.

8.4 Waiver of Subrogation.Required insurance coverage’s shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

8.5 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

8.6 Evidence of Insurance.The Contractor, concurrently with the execution of the Contract, and as a condition precedent to the effectiveness thereof, shall deliver certified copies of the required policies on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

8.7 Acceptability of Insurers.Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

8.8 Insurance for Subcontractors.All subcontractors shall be included as additional insured’s under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an “additional insured” to the subcontractor's policies.

Contractor shall submit proof of compliance with this provision upon request of the City.

8.9 Reporting of Claims.Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

9.0 CHANGE ORDERS

9.1 Changes.City has the right, in its sole discretion, to make whatever changes it deems necessary or desirable to the Work; no change ordered by City shall entitle Contractor to an adjustment of the Contract Price or Contract Time unless it constitutes a Scope Change.

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9.2 Change Orders.A Change Order is a duly authorized written order signed by City and Contractor, and issued after execution of this Agreement, authorizing an adjustment in the Contract Price and/or Contract Time. The Contract Price and Contract Time can be adjusted only by Change Order. No action, conduct, omission, prior failure or course of dealing by City shall act to waive, modify, change or alter the requirement that Change Orders must be duly authorized and in writing signed by City.

10.0 CERTIFICATIONS

10.1 Certification of Contractor.I, David Beador, HEREBY CERTIFY that I am the President, and duly authorized representative of the Contractor firm of Beador Construction Company, Inc. and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (i) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (ii) agreed, as an express or implied condition for obtaining this Contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (iii) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for or in connection with, procuring or carrying out this Agreement.

10.2 Debarment and Suspension Certification.The Contractor, under penalty of perjury, certifies that, except as noted below, he/she/it or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
a. is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal, State or local agency; and b. has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal, State or local agency within the past 3 years; and c. does not have a proposed debarment pending; and
d. has not been indicted, convicted, or had a civil judgment rendered against him/her/it by a court of competent jurisdiction in any matter involving fraud or official misconduct in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property within the past 3 years; and e. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in the preceding paragraph; and
f. have not had one or more public transactions (Federal, State or local) terminated for cause or default within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space. [Supply exceptions on separate page]
For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. [Attach separate page]
These certifications are a material representation of fact upon which reliance was placed when this transaction was made or entered into. The above certifications are part of this Contract. Signing this Agreement on the signature portion thereof shall also constitute signature of the above Certifications.

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________________________________________ ___________________ David Beador, President (Date)

10.3 Non-Lobbying Certification for Federal-Aid Contracts.The Contractor certifies to the best of his or her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

These certifications are a material representation of fact upon which reliance was placed when this transaction was made or entered into. The above certifications are part of this Contract. Signing this Agreement on the signature portion thereof shall also constitute signature of the above Certifications. ________________________________________ ___________________ David Beador, President (Date)

11.0 DEFAULT AND TERMINATION

11.1 Default by Contractor.

11.1.1 Notice of Default. Without limitation to any of City’s other rights or remedies at law or in equity, City shall have the right to terminate this Agreement in the event that Contractor fails or refuses to perform any of the obligations set forth in this Agreement or the other Contract Documents, and fails to cure such default in the manner required hereafter.

11.1.2 Opportunity to Cure Default. Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) business days after receipt of written notice of such default from City; provided, however, that if the breach cannot reasonably be cured within such time then Contractor will commence to cure the breach within two (2) days and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) calendar days after receipt of such written notice.

Construction Services Agreement – Beador Construction Company, Inc.

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11.2 City's Rights and Remedies Upon Default.

11.2.1 Remedies Upon Default. In the event that Contractor fails to cure any breach of this Agreement within the time periods set forth above, then City may pursue any remedies available under law or equity, including, without limitation, the following:
.a Delete Certain Services. City may, without terminating this Agreement, delete certain portions of the Work, reserving to itself all rights to recover losses related thereto. .b Perform and Withhold. City may, without terminating this Agreement, engage others to perform the Work or portion of the Work that has not been performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to recover losses related thereto.
.c Suspend this Agreement. City may, without terminating this Agreement and reserving to itself all rights to recover losses related thereto, suspend all or any portion of this Agreement for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Price or Contract Time, and shall have no liability to Contractor for adjustment to the Contract Price, Contract Time, or for losses, if City directs Contractor to resume Work.
.d Terminate this Agreement. City may terminate all or any part of this Agreement for cause according to the notice provisions set forth in this Agreement, reserving to itself all rights to recover losses related thereto.
.e Invoke the Performance Bond. City may, with or without terminating this Agreement and reserving to itself all rights to recover losses related thereto, exercise its rights under the Contractor’s performance bond.

11.2.2 Rights Cumulative. All of City’s rights and remedies under this Agreement are cumulative, and shall be in addition to those rights and remedies available in law or in equity.

Designation in the Contract Documents of certain breaches as “material” shall not be construed as implying that other breaches not so designated are not material nor shall such designations be construed as limiting City’s right to terminate or the exercise of its other rights or remedies for default to only material breaches. City shall determine whether there has been noncompliance with the Contract Documents so as to warrant exercise by City of its rights and remedies for default. No termination or action taken by City after termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all losses suffered by City.

11.2.3 Monies. In the event of a termination or suspension of all or a portion of the Work due to a default by Contractor, City shall have the right, without releasing Contractor or its sureties from liability for failure to fulfill this Agreement, to withhold all or a portion of the monies owing or retained until final completion of the Work. Any cost over and above the Contract Price arising from the suspension of operations of this Agreement and the completion of the Work shall be paid by Contractor's sureties. Contractor will be paid any surplus monies remaining after all contract disputes have been resolved and finally determined.

11.2.4 Delays by Sureties. Without limitation to any of City’s other rights or remedies under the law or in equity, City has the right to suspend the performance by Contractor's sureties in the event of any of the following: (i) failure of the sureties to begin work within a reasonable time in such manner as to ensure full compliance with the Contract Documents within the Contract Time; (ii) abandonment of the Work; (iii) if at any time City is of the opinion the Work is unnecessarily or Construction Services Agreement – Beador Construction Company, Inc.

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unreasonably delayed; (iv) willful violation of any terms of this Agreement; (v) failure to perform according to this Agreement or the other Contract Documents; or (vi) failure to follow instructions of City for performance of the Work within the Contract Time. City will serve notice of such failure upon the sureties and in the event the sureties neglect or refuse to cure the breach within the time specified in such notice, City shall have the power to suspend the operation or any part thereof of Contractor’s sureties.

11.2.5 Contractor Obligations. Upon receipt of a notice of termination for default, Contractor shall, unless the notice states otherwise, perform each of the obligations set forth in Paragraph

11.4.1, below.

11.2.6 Damages to City.
.a Reservation of Remedies. City will be entitled to all damages available under the law, and all rights in equity, in the event of Contractor's breach of this Agreement or the other Contract Documents.
.b Deductions. If City suffers a loss due to Contractor's nonperformance, then such loss shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Contractor or its designee upon completion of the Project. If the loss incurred by City exceeds the amount withheld, Contractor shall be liable to City for the difference and shall promptly remit same to City.
.c No Release. If, however, City elects to terminate this Agreement for cause, all monies due Contractor or retained under the terms of the Contract Documents shall be forfeited to City. Such forfeiture shall not release Contractor or its sureties from liability for failure to fulfill this Agreement. Contractor and its sureties will be credited with the amount of monies forfeited toward any greater sum they may be liable for in connection with Contractor's default.

11.3 Suspension by City for Convenience.City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time, as City may determine, with such period of suspension to be computed from the date of the written order. Without limitation to the foregoing, Contractor acknowledges that issuance of a suspension order by City due to circumstances relating to City’s compliance with the California Environmental Quality Act is foreseeable and that such suspension order, regardless of its duration, shall not be considered a breach by City of this Agreement. Upon receipt of a suspension order, Contractor shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the suspension order during the period of work stoppage. Within the period of the above noted aggregate time, or such extension to that period as is agreed upon by Contractor and City, City shall either cancel the suspension order or it shall have the right, without incurring a liability to Contractor for lost profits or consequential damages, to delete the Work covered by such suspension order by issuing a Change Order.

11.3.1 Resumption. If a suspension order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued adjusting the Contract Price and/or the Contract Time for additional costs of work and delay necessarily caused by such suspension.

11.3.2 Suspension Order Required. The provisions of this Section 11.3 shall not apply if a suspension order is not issued by City. A suspension order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents.

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11.4 Termination Without Cause.City shall have the option, at its sole discretion and without cause, to terminate this Agreement in part or in whole by giving thirty (30) days' written notice to Contractor as provided herein. Contractor agrees to accept such sums as allowed under this Section 11.4 as its sole and exclusive compensation and waives any claim for other compensation or Losses, including, but not limited to, Loss of anticipated profits, Loss of revenue, lost opportunity, or other consequential, direct, indirect, incidental Losses or damages, of any kind.

11.4.1 Contractor Obligations. Upon receipt of notice of termination without cause, Contractor shall, unless the notice directs otherwise, do the following:
.aImmediately discontinue performance to the extent specified in the notice;
.bPlace no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of its obligations as is not discontinued;
.cProvide to City a description, in writing no later than two (2) business days after receipt of the notice of termination, complete copies of all subcontracts, purchase orders and contracts that are outstanding, including any change orders, amendments and modifications thereto, status of payments and balance owing, the status of performance and claims by Trade Contractors, together with such other information as City may determine necessary in order to decide whether to accept assignment of, or request Contractor to terminate the subcontract, purchase order or contract; .dPromptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and
.eThereafter continue only such performance as may be necessary to preserve and protect work already completed or in progress and to protect materials and equipment on the Site or in transit thereto.

11.4.2 Final Billing. Following termination without cause and within thirty (30) days after receipt of a complete and timely billing from Contractor seeking payment of sums authorized by this Paragraph 11.4.2, City shall pay to Contractor as its sole and exclusive compensation for performance under this Agreement the following:
.aThe Contract Price earned and payable as of the date of termination, less sums previously paid to Contractor;
.bPlus, reasonable costs of work of Contractor and Trade Contractors for (i) demobilizing, and (ii) administering the close out of its participation in the Project (including, without limitation, all billing and accounting functions) for a period of no longer than thirty (30) days after receipt of the notice of termination;

11.4.3 Trade Contractors. Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts with its Trade Contractors permitting termination for convenience by Contractor on terms that are consistent with this Agreement and that afford no greater rights of recovery against Contractor for termination than are afforded to Contractor.

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11.5 Contractor's Rights and Remedies.

11.5.1 Contractor's Remedies. Contractor may terminate this Agreement for cause only upon the occurrence of one of the following:
.aThe work is stopped for one hundred sixty (160) consecutive days, through no act or fault of Contractor, any Trade Contractor, of any tier, or any employee or agent of any of them, due to issuance of an order of a court or other governmental authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable.
.bCity fails to make payment of sums that are not in good faith disputed by City and fails to cure such default within (i) ninety (90) days after receipt of notice from Contractor notifying City of the default; and (ii) an additional thirty (30) days notice to City notifying it of its intention to terminate this Agreement.

11.5.2 Continuous Performance. Provided that Contractor is paid undisputed sums due under this Agreement, Contractor shall not stop, delay or interrupt continuous performance of the Work by reason of any dispute or disagreement with City, including, without limitation, any disputes or disagreements over payments of funds that are disputed in good faith by City.

12.0 MISCELLANEOUS PROVISIONS

12.1 Warranties.Contractor warrants and guarantees all Work under this Contract (which for purposes of this section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or period of time specified elsewhere in this Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) following completion and the date of final acceptance of the Project, Contractor shall, within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year, commencing with the date of acceptance of such corrected Work. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. This obligation shall survive completion or termination of the Contract.

12.2 Non-Liability of City Officers and Employees.No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Contract.

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12.3 Governing Law.This Agreement shall be governed by the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.

12.4 Waiver of Jury Trial.Contractor voluntarily waives its right to a jury trial of any cause of action, claim, counter-claim or cross-complaint in any action, proceeding or hearing on any matter whatsoever arising out of, or in any way connected with, this Agreement, the relationship between City and Contractor, Contractor’s performance on the Project, or the enforcement of any remedy under any law, statute or regulation now or hereafter in effect. Contractor shall include this provision for waiver of jury trial right in its contracts with its Trade Contractors who provide work to the Project, waiving the right of a jury trial in any action involving City as a party, whether by joinder, consolidation, counter-claim, cross-complaint or otherwise.

12.5 Severability.Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties.

12.6 Successors and Assigns.This Agreement shall be binding on successors, assigns and legal representatives of and persons in privity of contract with City or Contractor. Contractor shall not assign, sublet or transfer an interest in this Agreement without advance written approval of City.

Assignment, subletting or transfer will not release Contractor from any of its obligations to City.

12.7 Interpretation.Contractor and City acknowledge that the terms of this Agreement has been mutually negotiated and that such documents shall not be interpreted against either City or Contractor on the basis that either party was responsible for or in control of the drafting of such documents.

12.8 Survival.All provisions of this Agreement which by their nature continue beyond the termination or completion of performance under this Agreement, including, without limitation, those obligations pertaining indemnification, insurance and confidentiality, shall survive and continue in force after either termination or completion of performance by Contractor.

12.9 Conflict of Interest.The Contractor represents, warrants and agrees that to the best of its knowledge, it does not presently have, nor will it acquire during the term of this Contract, any interest direct or indirect, by Contract, employment or otherwise, or as a partner, joint venturer or shareholder (other than as a shareholder holding a one percent (1%) or less interest in publicly traded companies) or affiliate with any business or business entity that has entered into any Contract, subcontract or arrangement with the City. Upon execution of this Contract and during its term, as appropriate, the Contractor shall disclose in writing to the City, any other Contract or employment during the term of this Contract by any other persons, business or corporation in which employment will or may likely develop a conflict of interest between the City interest and the interests of the third parties.

12.10 Copyrights.No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Contractor. All documents become the property of the City who holds all the rights to said data.

12.11 Confidentiality of Reports.The Contractor shall keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder. Such information shall not be made available to any person, firm, corporation or entity without the prior written Construction Services Agreement – Beador Construction Company, Inc.

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consent of the City.

12.12 Employees of Contractor.The City does not and will not condone any act, gestures, comments or conduct from the Contractor’s employees, agents or subcontractors which may be construed as sexual harassment or any other type of activity or behavior that might be construed as harassment. The Contractor will properly investigate all charges of harassment by residents, employees, agents or subcontractors and is responsible for taking appropriate action after reports of harassment are received by the Contractor.

12.13 Patent Rights.The City will hold all the patent rights with respect to any discovery or invention which arises or is developed in the course of, or under this Contractor.

12.14 Waivers.A waiver by either party to this Agreement of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.

12.15 Federal and State Withholding Taxes.Contractor shall be responsible for paying when due all federal and state income withholding taxes for all earning under this Agreement.

Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision.

12.16 Entire Agreement.The Contract Documents represent the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. The Contract Documents may be amended or modified only by Change Order. Nothing contained in the Contract Documents shall be for the benefit of, create any contractual relationship with, or give rise to a cause of action in favor of any third party.

12.17 Execution Authority.The person(s) executing this Agreement on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said party is bound.

13.0 NOTICES

13.1 Delivery. All notices, demands or requests to be given under this Agreement shall be given in writing and conclusively shall be deemed received when: (a) delivered personally, or (b) on the fifth (5 th) day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided, or (c) one (1) business day after send by facsimile transmission.

13.2 Addresses.All notices, demands, requests or approvals from Contractor to City shall be addressed to the City at:

City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Director, Public Works Engineering Department
(310) 605-5505
(310) 605-6326 – Fax
with copies to:

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City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
All notices, demands or requests from City to Contractor shall be addressed to:

Beador Construction Company, Inc.
2900 Bristol Street, Suite D204
Costa Mesa, California 92626
Attn: David Beador, President
(951) 674-7352
(951) 674-7495 - Fax

13.3 Change in Address.In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may amend, supplement and update the notice list to add, delete or replace any listed individuals; however, the amendment must be in writing.

IN WITNESS WHEREOF, Contractor has executed this Agreement and the City, by its City Manager, who is authorized to do so, has executed this Agreement.

BEADOR CONSTRUCTION COMPANY, INC.

CONTRACTOR
Dated: ________________ By ____________________________________ David Beador, President

CITY OF COMPTON
Approved by:

Dated: ________________ By ____________________________________ Jerome Groomes, City Manager
Approved as to form:

By ______________________________________ Dated: ____________________ Eric J. Perrodin, City Attorney
ATTEST:

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Dated: _________________ By ____________________________________ Vernell McDaniel, City Clerk
September 26, 2023
TO: MAYOR AND CITY COUNCIL
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COMPTON AMENDING THE PUBLIC WORKS ENGINEERING
DEPARTMENT’S 2023-2024 FISCAL YEAR BUDGET AND

AUTHORIZE THE CITY MANAGER TO AMEND THE

PROFESSIONAL SERVICES AGREEMENT WITH AND

ESTABLISH A PURCHASE ORDER FOR BIGGS CARDOSA
ASSOCIATES, INC. STRUCTURAL ENGINEERS TO PROVIDE

ADDITIONAL DESIGN COORDINATION AND CONSTRUCTION

SUPPORT SERVICES FOR THE ARTESIA BOULEVARD OVER

ALAMEDA STREET AND ACTA/UPRR BRIDGE REPAIR
PROJECT, CIP# 23-01 IN AN AMOUNT NOT TO EXCEED
$124,824.

SUMMARY
Adoption of this resolution will amend the Public Works Engineering Department’s 2023-2024 fiscal year budget and authorize the City Manager to amend the professional services agreement with and establish a purchase order for Biggs Cardosa Associates, Inc. Structural Engineers to provide additional design coordination and construction support services for the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project in the amount not to exceed One Hundred Twenty Four Thousand, Eight Hundred Twenty Four Dollars ($124,824).

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

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

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

Subsequently, the bridge was closed to traffic and inspected by the Los Angeles County Public Works and the City of Compton Public Works Department. The

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

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

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

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

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

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. Repair Concept Comparison
Repair Concept Cost
Estimate
Construction Duration
Rolled Steel Girders $2,555,000 4.5 Months
Concrete I Girders $2,804,000 6 Months
Embankment Fill $3,022,000 4.5 Months
On June 26, 2022, Biggs Cardosa Associates, Inc. submitted a proposal to City staff recommending the preferred repair option of replacing the Span 10 superstructure with rolled steel beams at a cost of $2,555,000 and submitted a proposal to provide preliminary engineering services which includes preparing bid documents for the repair work and to obtain the environmental clearance and permits necessary to hire a contractor to perform construction services on the Artesia Bridge. The following sections describe the proposed scope of work as follows:

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

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

Deliverables:
Meeting Agendas & Minutes
Project Administration
Biggs Cardosa prepared a baseline schedule for the repair design work, and updated the schedule throughout the progression of this scope. Monthly invoices and progress reports were prepared.

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Assumptions:
The scope assumed that the Term of the Agreement would be six (6) months.

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

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

Deliverables:

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

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Three milestone submittals were anticipated: Draft, Final, and Issued for Bid. Draft PS&E underwent a cursory check. Final PS&E incorporated independent check comments and City comments. Comments on the Final Submittal were incorporated into an Issued for Bid Submittal that was used for bidding purposes.

Plans
Biggs Cardosa prepared plans for the repair work. Anticipated plans included:

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

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

Deliverables:
Draft Plans
Final Plans
Issued for Bid Plans
Specifications
Biggs Cardosa prepared Technical Specifications for the repair work. Caltrans Standard Special Provisions were used, where applicable, and referenced in the Caltrans Standard and Revised Standard Specifications.

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

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

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

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

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

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

Assumptions:

Staff Report – Resolution Authorizing the City Manager to enter into an agreement with BCA for the Artesia Bridge
September 26, 2023

Page 7 of 13 ends

Checkers would utilize the “Red-Blue-Yellow” method of independent checking. A separate set of independent structural calculations were not required.

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

Item Unit Unit Price Quantity Total Price
Existing Structure
Demolition
LS $120,000.00 1 $ 120,000.00
Furnish and Erect
Structural Steel
LBS $8.0 75,000 $ 600,000.00
Bear Assemblies EA $10,000.00 24 $ 240,000.00
Structural
Concrete Bridge
CY $2,000.00 170 $ 340,000.00
Bar Reinforcing
Steel
LBS $1.25 25,500 $ 32,000.00
Concrete Barrier LF $600.00 100 $ 60,000.00
Joint Seal LF $500.00 222 $ 18,000.00
Existing
Abutment/Bent
Repair and Modify
LS $50,000 1 $ 50,000.00
Total Construction Cost: $1,460,000.00
Preliminary Engineering (25%): $ 365,000.00
Construction Eng. (15%): $ 219,000.00
Contingency (25%): $ 511,000.00
Total: $2,555,000.00

STATEMENT OF ISSUE
At the request of City Staff, on May 31, 2023, Biggs Cardosa Associates, Inc. submitted a proposal requesting consideration of additional scope and fee for additional design and coordination support, as well as engineering support services during construction.

Design Support Services
The following items, not included in the development of the original scope of work, was requested by the City:

Security Panels
Staff Report – Resolution Authorizing the City Manager to enter into an agreement with BCA for the Artesia Bridge
September 26, 2023

Page 8 of 13 ends

The City requested that Biggs Cardosa incorporate security walls under Span 10 to prevent intrusion and the potential for a future fire. Biggs Cardosa incorporated security walls into the plans, specifications and cost estimate.

Assumptions:
It is assumed that a concrete wall solution will be utilized that extends from ground level to the underside of the bridge. This wall type will be much more robust than a chain link fence or other solutions that could be easily bypassed.

Deliverables:
Security Wall Precast Concrete Panel Plans
Security Fencing Structural Calculations (including foundations) Updated Specifications and Cost Estimate
Utility Coordination
The general assumptions in the original proposal noted that Biggs Cardosa’s scope was “limited to environmental clearance and structural engineering. BCA did not anticipate roadway/civil work, utility relocations, survey, drainage, geotechnical engineering, and other disciplines as part of the repair work”. During the development of the bid documents, Biggs Cardosa received requests to review fiber optic plans, submit letters to utilities that could potentially be located in the project area, and coordinate Notice to Owners to Relocate, if necessary.

Assumptions:
It is assumed that the utility notification and coordination process would not need to strictly follow the requirements of the Caltrans Local Assistance Procedures Manual. The key goal of this effort was to identify third-party owners and transmit their requirements to the contractor via the plans and specifications. Utilities identified on the bridge were intended to be temporarily supported and protected-in-place or, for conduit within the sidewalk, temporarily disconnected and reconstructed.
Biggs Cardosa would draft Utility “A” Letters to third-party utility companies that could potentially have facilities with the project area. It was assumed that the City would provide contact information and a matrix of utility companies typically contacted for City public works projects. BCA also assumed that these letters would be sent on City letterhead, but that Biggs Cardosa would prepare the text and accompanying exhibits, if required.

Staff Report – Resolution Authorizing the City Manager to enter into an agreement with BCA for the Artesia Bridge
September 26, 2023

Page 9 of 13 ends

Biggs Cardosa would review any Utility Agreements prepared by City for consistency with project needs.
Utility fees, if required, were not included in this scope of work and were assumed to be paid by the City.
Although was anticipated that utilities would be protected in-place or temporarily disconnected and reconstructed in-place, this scope included the preparation of a Notice to Owner (NTO) to relocate for up to two (2) utility companies should that become necessary.
Although the contractor would be required to submit details for temporary support of utilities during construction, Biggs Cardosa would prepare and incorporate suggested details in the plans and specifications to ensure acceptance from utility companies, and to provide a baseline for the purpose of contractors bidding this work.

Deliverables:
Utility “A” Letters
Details for Temporary Support/Protection of Utilities
Review of Utility Agreements
Notice to Owner to Relocate (if necessary)
Construction Management Firm Procurement
To assist the City in procuring a Construction Management firm for the project, Biggs Cardosa would review the sample Requests for Proposals (RFP) that the City provided. BCA would suggest additions/revisions to the technical requirements and evaluation criteria specific to unique challenges of this project (steel beams with a concrete deck, potential for lead paint, construction in close proximity to active railroad tracks, etc.).

Assuming that the City received a number of proposals from qualified firms and wishes to conduct interviews, Biggs Cardosa would participate on the Selection Committee as non-voting member and provide feedback to the City.

As part of the proposals, it was anticipated that Construction Management firms would provide constructability review comments that Biggs Cardosa would address with the City. It was also anticipated that the first item in the selected consultants scope of work would be to review the plans, specifications, and estimates and provide constructability review comments. Biggs Cardosa would review and respond to those comments, attend meetings, and update the plans and specifications as necessary prior to bidding.

Assumptions:

Staff Report – Resolution Authorizing the City Manager to enter into an agreement with BCA for the Artesia Bridge
September 26, 2023

Page 10 of 13 ends

Feedback on the Construction Management RFP is assumed to be limited to technical support. The City will provide the necessary boilerplate language, insurance requirements, etc.
Two meetings are anticipated for the constructability review: One to introduce the project and present the PS&E package to the Construction Management, and one comment resolution meeting. This scope assumes that changes resulting from the constructability review will be minor and would improve clarity in the plans and specifications. Any “value engineering” changes suggested by the Construction Management Team will need to be addressed on a case-by-case basis since the effort to incorporate value engineering items into the plans and specifications can vary substantially.

Deliverables:
RFP Preparation Assistance
Proposal Review/Evaluation
Address Constructability Review Comments
Caltrans Funding Agreement Coordination
Biggs Cardosa would review and provide input on the “Funds Transfer Agreement Between the California Department of Transportation and the City of Compton”.

Assumptions:
Review was limited to the background, project need and goal, and scope of work. The City would review items related to payment, terms, and conditions.

Deliverables:
Comments on Funding Agreement
CPM Schedule for Bid/Award/Construction
The schedule that Biggs Cardosa previously prepared covered design and environmental services through the 100% PS&E milestone. BCA understood that the City had requested that Biggs Cardosa would prepare a schedule that encompasses Construction Management procurement, contractor bidding and award, and a high-level construction schedule.

Assumptions:
The construction schedule would include general activities like procuring materials, demolition, and bridge erection. A detailed schedule of concrete forming, rebar placement, etc was not assumed to be required for this exercise. Once awarded, the contractor would prepare a detailed construction scheduled for review by the City and Staff Report – Resolution Authorizing the City Manager to enter into an agreement with BCA for the Artesia Bridge
September 26, 2023

Page 11 of 13 ends

Construction Management Team that described these activities in detail.

Deliverables:
Schedule for Bid/Award/Construction
Engineering Support During Bidding and Construction
As noted in BCA’s original proposal, bidding and construction support services were not included since the scope of the repair work was not fully defined at the inception of the project. Now that the project is nearly ready to move into the bidding and construction phases, BCA was pleased to submit their proposal to provide these services. BCA proposed scope of work for these phases of the project is defined in detail below.

Advertising/Bidding Support
Biggs Cardosa would attend the pre-bid meeting, provide answers to contractor questions, and prepare bid addendums, as required. Biggs Cardosa would assist the City in evaluating contractor’s bids.

Assumptions:
This scope assumes two (2) addendums and one (1) pre-bid meeting.
Clarification (and addenda, if required) for up to twenty (20) questions are included in this scope.
Biggs Cardosa would provide updated plans and specifications, as required, to the City. The City would prepare, and make available to plan holders, and required addenda.
Bid evaluation was limited to reviewing the bid schedule and unit price summaries. It was assumed that the City would evaluate bidders with respect to completeness of the bid, legal standing, etc.

Deliverables:
Responses to Questions
Bid Addendums
Bid Evaluation
Pre-Bid Meeting Attendance
Construction Support
Staff Report – Resolution Authorizing the City Manager to enter into an agreement with BCA for the Artesia Bridge
September 26, 2023

Page 12 of 13 ends

Biggs Cardosa would assist with reviewing shop drawings, responding to Request for Information (RFIs), visiting the site during construction for observation, and preparing record drawings.

Assumptons:
Shop Drawing/Submittal Reviews
RFI Responses
Site Visits (Observation)
Progress Meeting Attendance
As-Built Preparation
Biggs Cardosa would prepare “As Built” drawings by electronically incorporating as-built revisions into the plans, as provided by red-line field notes by the City and its Construction Management Team.

Assumptions:
As-Built plans would be delivered electronically in PDF format.

Deliverables:
As-Built Plans
Therefore, in order to amend the Public Works Engineering Department’s 2023- 2024 fiscal year budget and authorize the City Manager to amend the professional services agreement with and establish a purchase order for Biggs Cardosa Associates, Inc. Structural Engineers to provide additional design coordination and construction support services for the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project in the amount not to exceed One Hundred Twenty Four Thousand Eight Hundred Twenty Four Dollars ($124,824), City Council’s authorization is necessary.

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

FISCAL IMPACT
The Public Works Engineering Department’s 2023-2024 Fiscal Year will be amended as follows:

Increase Revenue
Account No. Description Amount
Staff Report – Resolution Authorizing the City Manager to enter into an agreement with BCA for the Artesia Bridge
September 26, 2023

Page 13 of 13 ends

2789-710-041-3569 State Grants $124,824
Increase Expenditures
Account No. Description Amount
2789-710-041-4300 State Grants $124,824
Funds in the amount of $124,824 will be available in the Public Works Engineering Department’s 2023-2024 Fiscal Year in Account No. 2789-710-041-4300.

RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution.

JOHN D. STRICKLAND, JR.

DIRECTOR OF PUBLIC WORKS
APPROVED FOR FORWARDING:

JERRY GROOMES

CITY MANAGER
RESOLUTION NO._________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE PUBLIC WORKS ENGINEERING DEPARTMENT’S 2023- 2024 FISCAL YEAR BUDGET AND AUTHORIZE THE CITY MANAGER TO

AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH AND

ESTABLISH A PURCHASE ORDER FOR BIGGS CARDOSA
ASSOCIATES, INC. STRUCTURAL ENGINEERS TO PROVIDE

ADDITIONAL DESIGN COORDINATION AND CONSTRUCTION SUPPORT

SERVICES FOR THE ARTESIA BOULEVARD OVER ALAMEDA STREET
AND ACTA/UPRR BRIDGE REPAIR PROJECT, CIP# 23-01 IN AN
AMOUNT NOT TO EXCEED $124,824.
`WHEREAS,adoption of this resolution will amend the Public Works Engineering Department’s 2023-2024 fiscal year budget and authorize the City Manager to amend the professional services agreement with and establish a purchase order for Biggs Cardosa Associates, Inc. Structural Engineers to provide additional design coordination and construction support services for the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project in the amount of One Hundred Twenty Four Thousand Eight Hundred Twenty Four Dollars ($124,824); and WHEREAS,the Artesia Boulevard Overhead (State Bridge No. 53C1744 and Los Angeles County Bridge No. 2446) carries Artesia Boulevard over the Alameda Railroad Corridor, Alameda Street and Compton Creek; and
WHEREAS,the bridge was constructed in 1956, is approximately 100 feet wide, and includes 10 spans of varying length for a total bridge length of 718’. The bridge superstructure is comprised of steel girders with a cast-in-place concrete deck; and WHEREAS,as of the June 2019 Bridge Inspection Report, the bridge was flagged as Structurally Deficient with a Sufficiency Rating of 38 out of 100 and on December 18, 2020, a fire damage was reported at Span 10, the eastern most span of the bridge; and WHEREAS,subsequently, the bridge was closed to traffic and inspected by the Los Angeles County Public Works and the City of Compton Public Works Department; and
WHEREAS,steel girders exhibited significant distortion as a result of the fire, an April 2021 load rating analysis concluded that the structure’s remaining strength is sufficient to carry only the structure’s self-weight; and WHEREAS,additional loads (vehicular and pedestrian traffic) are prohibited on the bridge because most of the steel girder members are severely deformed and connections had been compromised and therefore repairing the girders was not deemed feasible; and
WHEREAS,the preferred repair solution is to replace Span 10; and WHEREAS,In April 2021, City staff solicited a proposal from a qualified structural engineering firm and on December 21, 2021, City Council authorized the City Manager to enter into a Professional Services Agreement with Biggs Cardosa Associates, Inc. to develop options for the City to consider regarding the Artesia Bridge overcrossing; and WHEREAS,on April 22, 2022, Biggs Cardosa prepared a Repair Study Report that evaluated the feasibility and estimated costs of three alternative repair options as follows:

Resolution No. __________

Page 2 ends

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

Railroad coordination was anticipated due to the proximity of construction equipment with the potential to impact the tracks.

Resolution No. __________

Page 3 ends

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

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

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

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

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

Deliverables:

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

Resolution No. __________

Page 4 ends

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

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

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

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

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

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

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

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

Resolution No. __________

Page 5 ends

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

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

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

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

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

Item Unit Unit Price Quantity Total Price
Existing Structure
Demolition
LS $120,000.00 1 $ 120,000.00
Furnish and Erect
Structural Steel
LBS $8.0 75,000 $ 600,000.00
Bear Assemblies EA $10,000.00 24 $ 240,000.00
Structural Concrete
Bridge
CY $2,000.00 170 $ 340,000.00
Bar Reinforcing
Steel
LBS $1.25 25,500 $ 32,000.00
Concrete Barrier LF $600.00 100 $ 60,000.00
Joint Seal LF $500.00 222 $ 18,000.00
Existing
Abutment/Bent
Repair and Modify
LS $50,000 1 $ 50,000.00
Total Construction Cost: $1,460,000.00
Preliminary Engineering (25%): $ 365,000.00
Construction Eng. (15%): $ 219,000.00
Contingency (25%): $ 511,000.00
Total: $2,555,000.00; and
Resolution No. _________

Page 6 ends

WHEREAS, on May 31, 2023, at the request of City Staff, Biggs Cardosa Associates, Inc. submitted a proposal requesting consideration for additional scope and fee for additional design and coordination support, as well as engineering support services during construction as follows; and
Design Support Services
The following items, not included in the development of the original scope of work, was requested by the City:

Security Panels
The City requested that Biggs Cardosa incorporate security walls under Span 10 to prevent intrusion and the potential for a future fire. Biggs Cardosa incorporated security walls into the plans, specifications and cost estimate.

Assumptions:
It was assumed that a concrete wall solution would be utilized that extends from ground level to the underside of the bridge. This wall type would be much more robust than a chain link fence or other solutions that could be easily bypassed.

Assumptions:
It was assumed that the utility notification and coordination process would not need to strictly follow the requirements of the Caltrans Local Assistance Procedures Manual. The key goal of this effort was to identify third-party owners and transmit their requirements to the contractor via the plans and specifications. Utilities identified on the bridge was intended to be temporarily supported and protected- in-place or, for conduit within the sidewalk, temporarily disconnected and reconstructed.
Biggs Cardosa would draft Utility “A” Letters to third-party utility companies that could potentially have facilities with the project area. It was assumed that the City would provide contact information and a matrix of utility companies typically contacted for City public works projects. BCA also assumed that these letters would be sent on City letterhead, but that Biggs Cardosa would prepare the text and accompanying exhibits, if required.
Biggs Cardosa would review any Utility Agreements prepared by City for consistency with project needs.
Utility fees, if required, were not included in this scope of work and were assumed to be paid by the City.

Resolution No. __________

Page 7 ends

Although it was anticipated that utilities will be protected in-place or temporarily disconnected and reconstructed in-place, this scope includes the preparation of a Notice to Owner (NTO) to relocate for up to two (2) utility companies should that become necessary.
Although the contractor would be required to submit details for temporary support of utilities during construction, Biggs Cardosa would prepare and incorporate suggested details in the plans and specifications to ensure acceptance from utility companies, and to provide a baseline for the purpose of contractors bidding this work.

BCA would suggest additions/revisions to the technical requirements and evaluation criteria specific to unique challenges of this project (steel beams with a concrete deck, potential for lead paint, construction in close proximity to active railroad tracks, etc.).

Assuming that the City received a number of proposals from qualified firms and wishes to conduct interviews, Biggs Cardosa coiuld participate on the Selection Committee as non-voting member and provide feedback to the City.

As part of the proposals, it was anticipated that Construction Management firms would provide constructability review comments that Biggs Cardosa would address with the City.

It was also anticipated that the first item in the selected consultants scope of work would be to review the plans, specifications, and estimates and provide constructability review comments. Biggs Cardosa would review and respond to those comments, attend meetings, and update the plans and specifications as necessary prior to bidding.

Assumptions:
Feedback on the Construction Management RFP was assumed to be limited to technical support. The City would provide the necessary boilerplate language, insurance requirements, etc.
Two meetings were anticipated for the constructability review: One to introduce the project and present the PS&E package to the Construction Management, and one comment resolution meeting.
This scope assumed that changes resulting from the constructability review would be minor and would improve clarity in the plans and specifications.

Any “value engineering” changes suggested by the Construction Management Team would need to be addressed on a case-by-case basis since the effort to incorporate value engineering items into the plans and specifications could vary substantially.

Deliverables:
RFP Preparation Assistance
Proposal Review/Evaluation
Address Constructability Review Comments
Resolution No. __________

Page 8 ends

Caltrans Funding Agreement Coordination
Biggs Cardosa would review and provide input on the “Funds Transfer Agreement Between the California Department of Transportation and the City of Compton”.

Assumptions:
Review was limited to the background, project need and goal, and scope of work. The City would review items related to payment, terms, and conditions.

Assumptions:
The construction schedule would include general activities like procuring materials, demolition, and bridge erection. A detailed schedule of concrete forming, rebar placement, etc was not assumed to be required for this exercise. Once awarded, the contractor would prepare a detailed construction scheduled for review by the City and Construction Management Team that described these activities in detail.

Deliverables:
Schedule for Bid/Award/Construction
Engineering Support During Bidding and Construction
As noted in BCA’s original proposal, bidding and construction support services were not included since the scope of the repair work was not fully defined at the inception of the project. Now that the project was nearly ready to move into the bidding and construction phases, BCA was pleased to submit their proposal to provide these services. BCA proposed scope of work for these phases of the project was defined in detail below.

Advertising/Bidding Support
Biggs Cardosa would attend the pre-bid meeting, provide answers to contractor questions, and prepare bid addendums, as required. Biggs Cardosa wouldl assist the City in evaluating contractor’s bids.

Assumptions:
This scope assumes two (2) addendums and one (1) pre-bid meeting. Clarification (and addenda, if required) for up to twenty (20) questions are included in this scope.
Biggs Cardosa will provide updated plans and specifications, as required, to the City. The City shall prepare, and make available to plan holders, and required addenda.
Bid evaluation is limited to reviewing the bid schedule and unit price summaries. It is assumed that the City will evaluate bidders with respect to completeness of the bid, legal standing, etc.

Resolution No.__________

Page 9 ends

Deliverables:
Responses to Questions
Bid Addendums
Bid Evaluation
Pre-Bid Meeting Attendance
Construction Support
Biggs Cardosa would assist with reviewing shop drawings, responding to Request for Information (RFIs), visiting the site during construction for observation, and preparing record drawings.

Assumptions:
As-Built plans would be delivered electronically in PDF format.

Deliverables:
As-Built Plans
WHEREAS,the Public Works Engineering Department’s 2023-2024 Fiscal Year will be amended as follows:

Increase Revenue
Account No. Description Amount
2789-710-041-3569 State Grants $124,824
Increase Expenditures
Account No. Description Amount
2789-710-041-4300 State Grants $124,824; and
WHEREAS,funds in the amount of $124,824 will be available in the Public Works Engineering Department’s 2023-2024 Fiscal Year in Account No. 2789-710-041-4300; and
WHEREAS, in order to amend the Public Works Engineering Department’s 2023- 2024 fiscal year budget and authorize the City Manager to amend the professional services agreement with and establish a purchase order for Biggs Cardosa Associates, Inc. Structural Engineers to provide additional design coordination and construction support services for the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project in the amount of One Hundred Twenty Four Thousand Eight Hundred Twenty Four Dollars ($124,824), City Council’s authorization is necessary.

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

Resolution No.__________

Page 10 ends

SECTION 1.That the City Manager, upon advice and approval of the City Attorney is hereby authorized to amend the Public Works Engineering Department’s 2023-2024 fiscal year budget and authorize the City Manager to amend the professional services agreement with and establish a purchase order for Biggs Cardosa Associates, Inc.

Structural Engineers to provide additional design coordination and construction support services for the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project in the amount not to exceed One Hundred Twenty Four Thousand Eight Hundred Twenty Four Dollars ($124,824).

SECTION 2.That the Public Works Engineering Department’s 2023-2024 Fiscal Year will be amended as follows:

SECTION 4.That a purchase order in the amount of $124,824 is authorized to be established for Biggs Cardosa Associates, Inc. to provide additional design coordination and construction support services for the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project in Account No. 2789-710-041-4300.

SECTION 5.That copies of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and the Public Works Engineering Department.

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
Resolution No.__________

Page 11 ends

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

Page | 1 of 6

May 31, 2023
City of Compton
Public Works Engineering Division
205 South Willowbrook Avenue
Compton, CA 90220

Attention: John Strickland, Project Manager

Subject: Artesia Boulevard over Alameda/UPRR | Bridge Repair PS&E Extra Work Request 01

Dear Mr. Strickland:

Biggs Cardosa Associates, Inc. is submitting this Extra Work Request for the Artesia Boulevard Overhead (State Bridge No. 53C1744, LA County Bridge No. 2446) to request consideration of additional scope and fee for additional design/coordination support, and engineering support during construction. Pursuant to Resolution No. 25,737 and the Professional Services Agreement, we are submitting this request for the City’s authorization and approval in writing.

Design Support Services
The following items, not included in development of the original scope of work, have been requested by the City:

Security Panels
The City has requested that Biggs Cardosa incorporate s ecurity walls under Span 10 to prevent intrusion and the potential for a future fire. Biggs Cardosa will incorporate security walls into the plans, specifications and cost estimate.

Assumptions:
▪ It is assumed that a concrete wall solution will be utilized that extends from ground level to the underside of the bridge. This wall type will be much more robust than chain link fence or other solutions that could be easily bypassed.

Deliverables:
▪ Security Wall Precast Concrete Panel Plans
▪ Security Fencing Structural Calculations (including foundations) ▪ Updated Specifications and Cost Estimate

Artesia Boulevard over Alameda/UPRR | Bridge Repair PS&E Extra Work Request 01
Page | 2 of 6
Utility Coordination
The general assumptions in the original proposal noted that Biggs Cardosa’s scope was “limited to environmental clearance and structural engineering. We do not anticipate roadway/civil work, utility relocations, survey, drainage, geotechnical engineering, and other disciplines as part of the repair work.” During the development of the bid documents, Biggs Cardosa received requests to review fiber optic plans, submit letters to utilities that could potentially be located in the project area, and coordinate Notice to Owners to Relocate, if necessary.

Assumptions:
▪ It is assumed that the utility notification and coordinati on process will not need to strictly follow the requirements of the Caltrans Local Assistance Procedures Manual. The key goal of this effort is to identify third -party owner s and transmit their requirements to the contractor via the plans and specifications. Utilities identified on the bridge are intended to be temporarily supported and protected -in-place or, for conduit within the sidewa lk, temporarily disconnected and reconstructed.
▪ Biggs Cardosa will draft Utility “A” Letters to third -party utility companies that could potentially have facilities with the project area. It is assumed that the City will provide contact information and a matrix of utility companies typically contacted for City public works projects. We also assume that these letters will be sent on City letterhead, but that Biggs Cardosa will prepare the text and accompanying exhibits, if required. ▪ Biggs Cardosa will review any Utility Agreements prepared by City f or consistency with project needs.
▪ Utility fees, if required, are not included in this scope of work and are assumed to be paid by the City.
▪ Although it is anticipated that utilities will be protected in-place or temporarily disconnected and reconstructed in-place, this scope includes the preparation of a Notice to Owner (NTO) to relocate for up to two (2) utility companies should that become necessary. ▪ Although the contractor will be required to submit details for temporary support of utilities during construction, Biggs Cardosa will prepare and incorporate suggested details in the plans and specifications to ensure acceptance from utility companies , an d to provide a baseline for the purpose of contractors bidding this work.

Deliverables:
▪ Utility “A” Letters
▪ Details for Temporary Support / Protection of Utilities ▪ Review of Utility Agreements [Prepared by City]
▪ Notice to Owner to Relocate (if necessary)

Artesia Boulevard over Alameda/UPRR | Bridge Repair PS&E Extra Work Request 01
Page | 3 of 6
Construction Management Firm Procurement
To assist the City in procuring a Construction Management firm for the project, Biggs Cardosa will review the sample Requests for Proposals (RFP) that the City provided. We will suggest additions/revisions to the technical requirements and evaluation criteria specific to unique challenges of this project (steel beams with a concrete deck, potential for lead paint, construction in close proximity to active railroad tracks, etc.).

Assuming that the City receives a number of proposals from qualified firms and wishes to conduct interviews, Biggs Cardosa can participate on the Selection Committee as non-voting member and provide feedback to the City.

As part of the proposals, it is anticipated that Construction Management firms will provide constructability review comments that Biggs Cardosa will address with the City. It is also anticipated that the first item in the selected consultants scope of work will be to review the plans, specifications, and estimates and provide constructability review comments. Biggs Cardosa will review and respond to those comments, attend meetings, and update the plans and specifications as necessary prior to bidding.

Assumptions:
▪ Feedback on the Constru ction Man agement RFP is assumed to be limited to technical support. The City will provide the necessary boilerplate language, insurance requirements, etc.
▪ Two meetings are anticipated for the constructability review: One to introduce the project and present the PS&E package to the Construction Management , and one comment resolution meeting.
▪ This scope assumes that changes resulting from the constructability review will be minor and would improve clarity in the plans and specifications. Any “value engineering” changes suggested by the Construction Management Team will need to be addressed on a case-by- case basis since the effort to incorporate value engineering items into the plans and specifications can vary substantially.

Deliverables:
▪ RFP Preparation Assistance
▪ Proposal Review / Evaluation
▪ Address Constructability Review Comments

Caltrans Funding Agreement Coordination
Biggs Cardosa will review and provide input on the “Funds Transfer Agreement Between the California Department of Transportation and the City of Compton”.

Assumptions:
▪ Review is limited to the background, project need and goal, and scope of work. The City will review items related to payment, terms, and conditions.

Deliverables:
▪ Comments on Funding Agreement
Artesia Boulevard over Alameda/UPRR | Bridge Repair PS&E Extra Work Request 01
Page | 4 of 6
CPM Schedule for Bid / Award / Construction
The schedule that Biggs Cardosa previously prepared covered design and environmental services through the 100% PS&E milestone. We understand that the City has requested that Biggs Cardosa will prepare a schedule that encompasses Construction Management procurement, contractor bidding and award, and a high-level construction schedule.

Assumptions:
▪ The construction schedule will include general activities like procuring materials, demolition, and bridge erection. A detailed schedule of concrete forming, rebar placement, etc. is not assumed to be required for this exercise . Once awarded, the contractor will prepare a detailed construction schedule for review by the City and Construction Management Team that describes these activities in detail.

Deliverables:
▪ Schedule for Bid / Award / Construction

Engineering Support During Bidding and Construction
As noted in our original proposal, bidding and construction support services were not included since the scope of the repair work was not fully defined at the inception of the pr oject. Now that the project is nearly ready to move into the bidding and construction phases, we are pleased to submit our proposal to provide those services. Our proposed scope of work for these phases of the project is defined in detail below.

Advertising/Bidding Support
Biggs Cardosa will attend the pre -bid meeting, provide answers to contractor questions, and prepare bid addendums, as required. Biggs Cardosa will assist the City in evaluating contractor’s bids.

Assumptions:
▪ This scope assumes two (2) addendums and one (1) pre-bid meeting. ▪ Clarification (and addenda, if required) for up to twenty (20) questions are included in this scope.
▪ Biggs Cardosa will provide updated plans and specifications, as required, to the City. The City shall prepare, and make available to plan holders, any required addenda. ▪ Bid evaluation is limited to reviewing the bid schedule and unit price summaries. It is assumed that the City will evaluate bidders with respect to completeness of the bid, legal standing, etc.

Deliverables:
▪ Responses to Questions
▪ Bid Addendums
▪ Bid Evaluation
▪ Pre-Bid Meeting Attendance
Artesia Boulevard over Alameda/UPRR | Bridge Repair PS&E Extra Work Request 01
Page | 5 of 6
Construction Support
Biggs Cardosa will assist with reviewing s hop drawings, responding to Requests for Information (RFIs), visiting the site during construction for observation, and preparing record drawings.

Assumptions:
▪ The following were assumed in the development of the scope/fee:
o Review of up to fifteen (15) shop drawings and submittals. o Up to forty (40) RFI reviews and responses.
o Up to three (3) site visits.
o Up to ten (10) progress meetings with the City and their Construction Management Team (it is assumed that Biggs Cardosa will participate virtually or via teleconference in these meetings).
▪ Site visits are for observation only and are limited to spot checking, selective measurement, and similar methods of observation. It is assumed that the City will procure a Construction Management firm that will be responsible for inspection, testing, etc.

Deliverables:
▪ Shop Drawing / Submittal Reviews
▪ RFI Responses
▪ Site Visits (Observation)
▪ Progress Meeting Attendance
As-Built Preparation
Biggs Cardosa will prepare “As-Built” drawings by electronically incorporating as-built revisions into the plans, as provided by red-line field notes by the City and its Construction Management Team.

Assumptions:
▪ As-Built plans will be delivered electronically in PDF format.

Deliverables:
▪ As-Built Plans

Artesia Boulevard over Alameda/UPRR | Bridge Repair PS&E Extra Work Request 01
Page | 6 of 6
Fee
We propose to provide the services outlined in this proposal on a time and materials basis for a n additional not-to-exceed amount of $124,824. The requested amount consists of $ 48,764 for additional design support services , and $7 6,060 for engineering support during bidding and construction. A detailed breakdown of our fee proposal is attached.

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

Sincerely,

BIGGS CARDOSA
ASSOCIATES, INC.

Eric Pheifer, PE
Principal

Attachments:
▪ Fee Proposal

Artesia Boulevard Bridge | Extra Work Request 01
Fee Proposal | Biggs Cardosa Associates
Principal Associate
Engineering
Manager
Senior
Engineer
Project
Engineer
Staff
Engineer
Assistant
Engineer
Junior
Engineer
$270.00 $231.00 $200.00 $180.00 $165.00 $152.00 $139.00 $1 28.00 Design Support Services $48,764
Security Wall $11,862
Plans 2 2 12 24 40 $5,982
Structural Calculations 2 4 4 12 22 $3,398
Specifications 1 4 5 $1,194
Cost Estimate 1 2 4 7 $1,288
Utility Coordination $12,588
Utility "A" Letters 2 4 12 16 34 $4,838
Utility Temporary Support Details 4 2 24 30 $4,620
Notice to Owner to Relocate 1 4 4 8 17 $3,130
Construction Management Firm Procurement $19,970
RFP Preparation Assistance 2 4 6 $1,464
Proposal Review / Evaluation 1 8 9 $2,118
Address Constructability Review Comments 2 8 8 16 24 40 98 $16,388 Caltrans Funding Agreement Coordination $0
Biggs Cardosa will support on this item in the scope of work at no cost to the City. 0 $0 CPM Schedule for Bid / Award / Construction $4,344
Schedule Preparation 2 4 16 22 $4,344
S.O.W. Phase / Task Total
Hours
Labor
Subtotal
1 Artesia Boulevard Bridge | Extra Work Request 01
Fee Proposal | Biggs Cardosa Associates
Principal Associate
Engineering
Manager
Senior
Engineer
Project
Engineer
Staff
Engineer
Assistant
Engineer
Junior
Engineer
$270.00 $231.00 $200.00 $180.00 $165.00 $152.00 $139.00 $1 28.00 S.O.W. Phase / Task Total
Hours
Labor
Subtotal
Engineering Support During Bidding and Construction $75,906 Advertising/Bidding Support $21,294
Responses to Questions 1 10 4 12 20 47 $7,904
Bid Addendums 2 4 4 8 16 40 74 $10,848
Bid Evaluation 2 2 4 8 $1,802
Pre-Bid Meeting 2 2 4 $740
Construction Support $44,634
Shop Drawing / Submittal Reviews 2 12 16 30 30 45 135 $20,6 82 RFI Responses 4 12 24 8 40 88 $14,948
Site Visits (Observation) 6 12 18 $3,054
Progress Meetings 5 10 5 10 30 $5,950
As-Built Preparation $9,978
As-Built Plans 1 4 8 16 40 69 $9,978
Labor Subtotal $124,670
Mileage (Site Visits During Construction) $154
Subconsultant / Expense Subtotal $154
Total Fee $124,824
Subconsultants / Expenses
2 FIRST AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

CITY OF COMPTON
AND
BIGGS CARDOSA ASSOCIATES, INC.

This FIRST AMENDMENT to the Professional Services Agreement is made by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) and BIGGS CARDOSA ASSOCIATES, INC. (hereinafter referred to as “CONSULTANT”).

RECITALS:

WHEREAS,The City has a need to employ the services of an experienced and professional structural engineering consulting firm to provide professional design engineering services for the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP# 23-01); and
WHEREAS,on October 11, 2022, pursuant to Resolution No. 25,737, City Council authorized the City Manager to enter into a professional services agreement with and establish a purchase order for Biggs Cardosa Associates, Inc. Structural Engineers to provide professional design engineering services in the amount of $271,878; and WHEREAS, on May 31, 2023, Biggs Cardosa Associates, Inc. submitted a proposal requesting consideration of additional scope and fee for additional design and coordination support, and engineering support services during construction; and WHEREAS, the City has determined that it will be prudent to engage the services of a professional and experienced engineering firm to act as the City’s Engineer for this Project and be responsible to provide additional design and engineering services for the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP# 23-01), including design support services during construction; and
WHEREAS, there is a need to amend the original agreement to provide additional design support services during construction and provide additional compensation in the amount of $124,824.

WHEREAS, by Resolution No. _____, adopted on the ___ day of _________ 2023, the City Council authorized the City Manager to enter into a first (1ST ) amendment to the professional services agreement with Consultant; and
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, do hereby mutually agree to amend the original Agreement as follows:

First Amendment to Professional Services Agreement – Biggs Cardosa Associates, Inc.

Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP# 23-01) Public Works/Resolution No. ______
2 AMENDMENTS:

1.The parties agree to amend Section 1 – Services to be rendered by Consultant of the original Agreement to authorize the continued performance of the services specified within the original Agreement and expand the scope of services to include performance of the following services:

Design Support Services
The following items, not included in the development of the original scope of work, have been requested by the City:

Deliverables:
Security Wall Precast Concrete Panel Plans
Security Fencing Structural Calculations (including foundations) Updated Specifications and Cost Estimate
Utility Coordination
The general assumptions in the original proposal noted that Biggs Cardosa’s scope was “limited to environmental clearance and structural engineering. BCA do not anticipate roadway/civil work, utility relocations, survey, drainage, geotechnical engineering, and other disciplines as part of the repair work”. During the development of the bid documents, Biggs Cardosa received requests to review fiber optic plans, submit letters to utilities that could potentially be located in the project area, and coordinate Notice to Owners to Relocate, if necessary.

Assumptions:
It is assumed that the utility notification and coordination process will not need to strictly follow the requirements of the Caltrans Local Assistance Procedures Manual. The key goal of this effort is to identify third-party owners and transmit their requirements to the contractor via the plans and specifications. Utilities identified on the bridge are intended to be temporarily supported and protected-in- place or, for conduit within the sidewalk, temporarily disconnected and reconstructed.

First Amendment to Professional Services Agreement – Biggs Cardosa Associates, Inc.

Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP# 23-01) Public Works/Resolution No. ______
3 Biggs Cardosa will draft Utility “A” Letters to third-party utility companies that could potentially have facilities with the project area. It is assumed that the City will provide contact information and a matrix of utility companies typically contacted for City public works projects. BCA also assumed that these letters will be sent on City letterhead, but that Biggs Cardosa will prepare the text and accompanying exhibits, if required.
Biggs Cardosa will review any Utility Agreements prepared by City for consistency with project needs.
Utility fees, if required, are not included in this scope of work and are assumed to be paid by the City.
Although it is anticipated that utilities will be protected in-place or temporarily disconnected and reconstructed in-place, this scope includes the preparation of a Notice to Owner (NTO) to relocate for up to two (2) utility companies should that become necessary.
Although the contractor will be required to submit details for temporary support of utilities during construction, Biggs Cardosa will prepare and incorporate suggested details in the plans and specifications to ensure acceptance from utility companies, and to provide a baseline for the purpose of contractors bidding this work.

Deliverables:
Utility “A” Letters
Details for Temporary Support/Protection of Utilities
Review of Utility Agreements
Notice to Owner to Relocate (if necessary)
Construction Management Firm Procurement
To assist the City in procuring a Construction Management firm for the project, Biggs Cardosa will review the sample Requests for Proposals (RFP) that the City provided. BCA will suggest additions/revisions to the technical requirements and evaluation criteria specific to unique challenges of this project (steel beams with a concrete deck, potential for lead paint, construction in close proximity to active railroad tracks, etc.).

First Amendment to Professional Services Agreement – Biggs Cardosa Associates, Inc.

Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP# 23-01) Public Works/Resolution No. ______
4 Assumptions:
Feedback on the Construction Management RFP is assumed to be limited to technical support. The City will provide the necessary boilerplate language, insurance requirements, etc.
Two meetings are anticipated for the constructability review: One to introduce the project and present the PS&E package to the Construction Management, and one comment resolution meeting.
This scope assumes that changes resulting from the constructability review will be minor and would improve clarity in the plans and specifications. Any “value engineering” changes suggested by the Construction Management Team will need to be addressed on a case-by-case basis since the effort to incorporate value engineering items into the plans and specifications can vary substantially.

Deliverables:
RFP Preparation Assistance
Proposal Review/Evaluation
Address Constructability Review Comments
Caltrans Funding Agreement Coordination
Biggs Cardosa will review and provide input on the “Funds Transfer Agreement Between the California Department of Transportation and the City of Compton”.

Assumptions:
Review is limited to the background, project need and goal, and scope of work. The City will review items related to payment, terms, and conditions.

Deliverables:
Comments on Funding Agreement
CPM Schedule for Bid/Award/Construction
The schedule that Biggs Cardosa previously prepared covered design and environmental services through the 100% PS&E milestone. BCA understood that the City has requested that Biggs Cardosa will prepare a schedule that encompasses Construction Management procurement, contractor bidding and award, and a high-level construction schedule.

Assumptions:
The construction schedule will include general activities like procuring materials, demolition, and bridge erection. A detailed schedule of concrete forming, rebar placement, etc is not assumed to be required for this exercise. Once awarded, the contractor will prepare a detailed construction scheduled for review by the City and Construction Management Team that describes these activities in detail.

First Amendment to Professional Services Agreement – Biggs Cardosa Associates, Inc.

Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP# 23-01) Public Works/Resolution No. ______
5 Deliverables:
Schedule for Bid/Award/Construction
Engineering Support During Bidding and Construction
As noted in our original proposal, bidding and construction support services were not included since the scope of the repair work was not fully defined at the inception of the project. Now that the project is nearly ready to move into the bidding and construction phases, BCA was pleased to submit their proposal to provide these services. BCA proposed scope of work for these phases of the project is defined in detail below.

Advertising/Bidding Support
Biggs Cardosa will attend the pre-bid meeting, provide answers to contractor questions, and prepare bid addendums, as required. Biggs Cardosa will assist the City in evaluating contractor’s bids.

Assumptions:
This scope assumes two (2) addendums and one (1) pre-bid meeting. Clarification (and addenda, if required) for up to twenty (20) questions are included in this scope.
Biggs Cardosa will provide updated plans and specifications, as required, to the City. The City shall prepare, and make available to plan holders, and required addenda.
Bid evaluation is limited to reviewing the bid schedule and unit price summaries. It is assumed that the City will evaluate bidders with respect to completeness of the bid, legal standing, etc.

Deliverables:
Responses to Questions
Bid Addendums
Bid Evaluation
Pre-Bid Meeting Attendance
Construction Support
Biggs Cardosa will assist with reviewing shop drawings, responding to Request for Information (RFIs), visiting the site during construction for observation, and preparing record drawings.

Assumptons:
Shop Drawing/Submittal Reviews
RFI Responses
Site Visits (Observation)
Progress Meeting Attendance
First Amendment to Professional Services Agreement – Biggs Cardosa Associates, Inc.

Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP# 23-01) Public Works/Resolution No. ______
6 As-Built Preparation
Biggs Cardosa will prepare “As Built” drawings by electronically incorporating as-built revisions into the plans, as provided by red-line field notes by the City and its Construction Management Team.

Assumptions:
As-Built plans will be delivered electronically in PDF format.

Deliverables:
As-Built Plans

2.The parties agree to amend Section 2 – Duration of Contract of the original Agreement to extend the term of the Agreement to provide that the Agreement shall terminate on exhaustion of the authorized maximum compensation of One Hundred Twenty Four Thousand Eight Hundred Twenty Four Dollars ($124,824), unless otherwise extended or terminated.

3.The parties agree to amend Section 3 – Compensation of the original Agreement to provide additional compensation to Consultant for services rendered during the extended term of the original Agreement, as specified above, in the not-to-exceed amount of One Hundred Twenty Four Thousand Eight Hundred Twenty Four Dollars ($124,824).

4.Except as provided for above, all other terms and conditions of the original Agreement and any amendments thereto between the City and the Contractor all remain in effect.

IN WITNESS WHEREOF, the authorized representatives of the parties have executed this FIRST AMENDMENT to the above-identified PROFESSIONAL SERVICES AGREEMENT.

BIGG CARDOSA ASSOCIATES, INC./CONSULTANT
Dated: _______________ By ___________________________________________ Eric Pheifer, Principal
Approved by:

Dated: _______________ By ___________________________________________ Jerome Groomes, City Manager
Approved as to form:

By _________________________________ Dated: ______________ Eric J. Perrodin, City Attorney
First Amendment to Professional Services Agreement – Biggs Cardosa Associates, Inc.

Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP# 23-01) Public Works/Resolution No. ______
7 ATTEST:

Dated: ___________________ By _____________________________________ Vernell McDaniel, City Clerk
September 26, 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 ENGINEERING DEPARTMENT’S 2023- 2024 FISCAL YEAR BUDGET AND AUTHORIZE THE CITY MANAGER TO

ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH AND
ESTABLISH A PURCHASE ORDER FOR MARK THOMAS & COMPANY, INC.

FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR

THE ARTESIA BOULEVARD OVER ALAMEDA STREET AND ACTA/UPRR BRIDGE REPAIR PROJECT, CIP# 23-01 ($884,664).

SUMMARY
Adoption of this Resolution will amend the Public Works Engineering Department’s 2023-2024 Fiscal Year Budget and authorize the City Manager to enter into a professional services agreement with and establish a purchase order in the amount of Eight Hundred and Eighty Four Thousand Six Hundred Sixty Four Dollars ($884,664) to Mark Thomas & Company, Inc. for the provision of construction management and inspection services for the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project, CIP# 23-01.

BACKGROUND
The Artesia Boulevard Overhead (State Bridge No. 53C1744, LA County Bridge No. 2446) carries Artesia Boulevard over the Alameda Railroad Corridor, Alameda Street, and Compton Creek. The bridge was constructed in 1956, is approximately 100 feet wide, and includes 10 spans of varying length for a total bridge length of 718’-0”. The bridge superstructure is comprised of steel girders with a cast-in-place concrete deck. A seismic retrofit was performed in 1993 on the bridge filling in the areas between columns and adding CIDH piles for added shear resistance.

On December 18, 2020, fire damage was reported at Span 10, the easternmost span of the bridge. Span 10 is 49’-9 ¼” long from centerline of Bent 10 to centerline bearing of Abutment

11. Subsequently, the bridge was closed to traffic and inspected by the Los Angeles County Public Works (Design Division and Road Maintenance Division) and the City of Compton Public Works. Steel girders exhibited significant distortion as a result of fire, and an April 2021 load rating analysis performed by LAPW concluded that the structure’s remaining strength is sufficient to carry only the structure’s self-weight. Additional live loads (vehicular and pedestrian traffic) are prohibited on the bridge as it would overload the reduced capacity of the damaged span. Due to the severity of the damage to the steel girder members and their connections, repairing the girders is not deemed feasible. Therefore, the preferred solution is to fully replace Span 10. To re-open the bridge to traffic, the load rating report recommended replacement of the entire superstructure in-kind (concrete deck on steel girders) at Span 10,

9.9.9.9.9. Staff Report – Resolution Authorizing Agreement with Mark Thomas & Company, Inc.

Construction Management/Inspection Services
Artesia Bridge Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01) September 26, 2023, Page 2 of 6
along with replacement of bearings at the supports, concrete spall repairs of substructures at Bent 10 and Abutment 11, and repair and backfill of the eroded embankment at Abutment 11.

The Plans, Specifications, and Estimate (PS&E) for the Bridge Repair have been prepared by Biggs Cardosa Associates.

The proposed work shall be performed in accordance with the plans, specifications and other contract documents as specified herein and shall consist of the following general work descriptions: survey of existing bridge; protection of utilities, coordination with utility companies and railroads; demolition of existing eastern span of existing bridge including possible lead and asbestos; surface repair of existing substructures; new bearings and steel girders; concrete bridge deck, median, sidewalk, curb; salvage and reset existing steel rail; deck joints; traffic control. The project location is on Artesia Boulevard over Alameda Street and Union Pacific Railroad and Alameda Corridor Transportation Authority.

On August 2, 2023, the Public Works Engineering Department (“Department”) advertised for construction services of the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project, CIP# 23-01. An essential component of this Project is to obtain the services of a qualified and experienced engineering firm to provide construction management and inspection services.

On August 16, 2023, the City received a total of three (3) proposals that were reviewed and ranked by staff. The top 3 (three) firms were selected based on their responsiveness, qualifications, costs, work experience, professional expertise and any other unique qualifications. The top three proposals are listed below:

Rank Firm Location Amount
1 Mark Thomas Lakewood, CA $884,664.00
2 Z & K Associates Riverside, CA $329,792.00
3 Ladayu Consulting Grp. PV Estates, CA $338,240.00
The scope of work for construction management and inspection services described within the RFP for CIP #23-01 included all of the following, but not limited to:

1.Review All Project Documents – Review and become familiar with project plans, specifications, estimates, and contract documents including the project site, engineering reports, right-of-way mapping and ownership records, permits, and agreements.

2.Pre-Construction Meeting – Outline project specifics. Inform contractor of project administration procedures.

3.Management Information System – Implement system for organizing, tracking, filing, and managing paper/electronic correspondence including letters, information requests, submittals, contracts, reports, O&M manuals, progress payments, change orders and etc.

Staff Report – Resolution Authorizing Agreement with Mark Thomas & Company, Inc.

Construction Management/Inspection Services
Artesia Bridge Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01) September 26, 2023, Page 3 of 6

4.Review Traffic Control & Phasing Plans – Review contractor’s plans for detours, shutdowns and access for emergency vehicles.

5.Progress Meetings – Conduct meetings to discuss background, scope, objectives, schedule, current, and past issues as necessary.

6.Issues Management – Analyze issues, seek appropriate advice, and give recommendations. Review cost reduction proposals as well as contractor’s methods of construction in order to ensure compliance with plans and specifications and delivery of project within budget and the time specified.

7.Schedule – Monitor contractor’s schedule weekly. Notify parties of actual or potential deviation from schedule. Work with project team to correct noncompliance with schedule.

8.Cost Control – Monitor project funding. Monitor project budgets. Review contract item payments, material quantities, and change order payments.

9.Labor Compliance – Provide labor compliance reports to include reporting on prevailing wage, payroll documentation, compliance status, and certified payrolls.

10.Request For Information (RFIs) & Submittals – Provide a list of RFIs and responses.

Provide a list of submittals and responses.

11.Change Orders – Review potential change orders for contractual and technical merit.

Prepare independent cost estimate and schedule analysis of work. Negotiate and prepare change orders for execution. Keep the City appraised of impact of cumulative change orders.

12.Dispute Resolution – Make recommendations and implement procedures for reducing the likelihood of disputes and claims. Assist in the resolution of disputes.

13.Quality Assurance/Inspection/Material Testing Services– Observe and monitor all aspects of the project. Notify contractor when work is not in compliance. Prepare daily inspection reports. Provide photographic and video documentation of construction process. Encourage and stress quality in the constructed product. Provide materials testing services.

14.Public Relations/Coordination – Communicate with the local business community, property owners, tenants, local Sheriff, Fire, utility companies, and ACTA/UPRR regarding temporary construction impacts, such as traffic changes, noise, limited access and construction schedule.

15.Permit/Environmental Compliance – Review and enforce requirements stipulated in permits issued by regulatory and environmental agencies.

Staff Report – Resolution Authorizing Agreement with Mark Thomas & Company, Inc.

Construction Management/Inspection Services
Artesia Bridge Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01) September 26, 2023, Page 4 of 6

16.Progress Payments – Review and approve all contractor’s payment request. Verify contractor pay items. Prepare payment documentation for execution.

17.Monthly Status Reports – Prepare monthly reports highlighting project progress, CCO’s, cost issues, and schedule.

18.Site Safety - Review and monitor contractor’s safety program for compliance with Cal/OSHA. Notify contractor if an unsafe condition is observed. Notify City if contractor refuses to rectify unsafe condition and investigate accidents.

19.Drone Services – Provide aerial photos and video of the project site.

20.“As-Built” Drawings – Collect, review, and transmit contractor’s data to engineer.

21.Final Walkthrough – Make final inspections and prepare punch list. Verify that required certificates of compliance, O&M manuals and as-build drawings have been delivered.

22.Utility Coordination/Railroad Coordination – Assure that contractor is effectively interacting with Utility and Railroad owners.

23.Project Completion Report – Process final progress payment to contractor. File Notice of Completion. Prepare final report and review project records.

Selection Process
Pursuant to the Request for Proposals, it was requested that firms respond with their qualifications, scope of service, etc., in one package and their fee in a sealed, separate cover.

The proposal review committee consisting of Public Works staff. The committee reviewed the material in the Request for Proposal (RFP) submitted by the consultants and ranked the most qualified proposals.

The selection of the most qualified firm for the construction management services was on the basis of demonstrated competence and professional qualifications. Qualification Based Selection (“QBS”) is where selection is based on the most appropriate provider of professional services; fees are not an initial consideration nor a primary consideration for selection; however, staff will evaluate the price to ensure there is a comparability and consistency to the other proposals. The evaluation process used by the selection committee for ranking the proposal was based upon the completeness of the proposal, consultant’s demonstrated understanding of the scope of services, quality of similar work previously performed by the firm, personnel assigned, resources required to perform the required services, and the proposed schedule of work. Fees are not considered until after the selection of the most qualified firms.

Staff Report – Resolution Authorizing Agreement with Mark Thomas & Company, Inc.

Construction Management/Inspection Services
Artesia Bridge Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01) September 26, 2023, Page 5 of 6
After careful consideration, the review committee determined the proposal submitted by Mark Thomas & Company was deemed the most responsive firm to provide the needed construction management and inspection services for this Project for the following reasons:
Mark Thomas total staff consist of 6 employees including a Resident Engineer/Structure Representative and Structural Inspector totaling 2,852 hours Mark Thomas has experience with construction projects ranging from bridge replacements, widening and repairs, freeway and interchange construction, public and private developments, underground utilities, roadway improvements and widening, to structure construction infrastructure
Mark Thomas has been providing construction management and inspection services to public agencies since the 1950’s
Mark Thomas projects have included bridge replacement, bridge repairs and retrofits, retaining walls, footing excavation in hardrock, HMA roadways, driveways, drainage structures, work around live utilities, traffic control, detours, and public outreach Mark Thomas' Project Manager has 25 years of construction management and engineering experience, specializing in bridge construction and is particularly adept at successfully delivering public works projects
Mark Thomas’ Resident Engineer/Structure Representative has 32 years of construction experience and has completed numerous Caltrans projects Mark Thomas is an award winning professional services firm that provides construction management and inspection, civil and structural engineering, surveying, and right-of-way services to clients throughout California. Mark Thomas’ construction management team is focused on providing high-quality oversight of capital infrastructure and transportation improvement projects for local agencies.

STATEMENT OF ISSUE
Therefore, in order to amend the Public Works Engineering Department’s 2023-2024 Fiscal Year Budget and authorize the City Manager to enter into a professional services agreement with and establish a purchase order in the amount of Eight Hundred and Eighty Four Thousand Six Hundred Sixty Four Dollars ($884,664) to Mark Thomas & Company, Inc. for the provision of construction management and inspection services for the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project, CIP# 23-01, City Council’s authorization is necessary.

ALTERNATIVE
The Council may select another vendor to provide construction management services.

Nonetheless, staff recommends the utilization of professional construction management services for the oversight of the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project, CIP# 23-01. The reason being that this project has significant technical specifications and requirements that require specific and uniquely qualified individuals to Staff Report – Resolution Authorizing Agreement with Mark Thomas & Company, Inc.

Construction Management/Inspection Services
Artesia Bridge Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01) September 26, 2023, Page 6 of 6
oversee and manage the project on a daily basis and the City’s existing organizational structure within the Public Works Engineering Department has limited staff capacity to perform these services nor does it have the workload capacity if fully staffed to manage this project.

FISCAL IMPACT
The Public Works Engineering Department’s 2023-2024 Fiscal Year will be amended as follows:

RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution.

JOHN D. STRICKLAND, JR.,

DIRECTOR OF PUBLIC WORKS
APPROVED FOR FORWARDING:

JERRY GROOMES

CITY MANAGER
RESOLUTION NO. ____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE PUBLIC WORKS ENGINEERING DEPARTMENT’S 2023- 2024 FISCAL YEAR BUDGET AND AUTHORIZE THE CITY MANAGER TO

ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH AND

ESTABLISH A PURCHASE ORDER FOR MARK THOMAS & COMPANY,
INC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION

SERVICES FOR THE ARTESIA BOULEVARD OVER ALAMEDA STREET
AND ACTA/UPRR BRIDGE REPAIR PROJECT, CIP# 23-01 ($884,664).

WHEREAS, adoption of this Resolution will amend the Public Works Engineering Department’s 2023-2024 Fiscal Year Budget and authorize the City Manager to enter into a professional services agreement with and establish a purchase order in the amount of Eight Hundred and Eighty Four Thousand Six Hundred Sixty Four Dollars ($884,664) to Mark Thomas & Company, Inc. for the provision of construction management and inspection services for the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project, CIP# 23-01; and
WHEREAS, the Artesia Boulevard Overhead (State Bridge No. 53C1744, LA County Bridge No. 2446) carries Artesia Boulevard Over the Alameda Railroad Corridor, Alameda Street, and Compton Creek; and
WHEREAS, the bridge was constructed in 1956, is approximately 100 feet wide, and includes 10 spans of varying length for a total bridge length of 718’-0” and the bridge superstructure is comprised of steel girders with a cast-in-place concrete deck; and
WHEREAS, a seismic retrofit was performed in 1993 on the bridge filling in the areas between columns and adding CIDH piles for added shear resistance; and WHEREAS,on December 18, 2020, fire damage was reported at Span 10, the easternmost span of the bridge and Span 10 is 49’-9 ¼” long from centerline of Bent 10 to centerline bearing of Abutment 11; and
WHEREAS,the bridge was closed to traffic and inspected by the Los Angeles County Public Works (Design Division and Road Maintenance Division) and the City of Compton Public Works; and
WHEREAS,steel girders exhibited significant distortion as a result of fire, and an April 2021 load rating analysis performed by LAPW concluded that the structure’s remaining strength is sufficient to carry only the structure’s self-weight; and WHEREAS,additional live loads (vehicular and pedestrian traffic) are prohibited on the bridge as it would overload the reduced capacity of the damaged span and due to the severity of the damage to the steel girder members and their connections, repairing the girders is not deemed feasible; and
WHEREAS,the preferred solution is to fully replace Span 10 and to re-open the bridge to traffic, the load rating report recommended replacement of the entire superstructure in-kind (concrete deck on steel girders) at Span 10, along with replacement of bearings at the supports, concrete spall repairs of substructures at Bent 10 and Abutment 11, and repair and backfill of the eroded embankment at Abutment 11; and
WHEREAS,the Plans, Specifications, and Estimate (PS&E) for the Bridge Repair have been prepared by Biggs Cardosa Associates; and Resolution No. _________

Page 2 ends

WHEREAS,the proposed work shall be performed in accordance with the plans, specifications and other contract documents as specified herein and shall consist of the following general work descriptions: survey of existing bridge; protection of utilities, coordination with utility companies and railroads; demolition of existing eastern span of existing bridge including possible lead and asbestos; surface repair of existing substructures; new bearings and steel girders; concrete bridge deck, median, sidewalk, curb; salvage and reset existing steel rail; deck joints; traffic control; and WHEREAS,the project location is on Artesia Boulevard over Alameda Street and Union Pacific Railroad and Alameda Corridor Transportation Authority; and WHEREAS,on August 2, 2023, the Public Works Engineering Department (“Department”) advertised for construction services of the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project, CIP# 23-01 and an essential component of this Project is to obtain the services of a qualified and experienced engineering firm to provide construction management and inspection services; and WHEREAS,on August 16, 2023, the City received a total of three (3) proposals that were reviewed and ranked by staff; and
WHEREAS,the top 3 (three) firms were selected based on their responsiveness, qualifications, costs, work experience, professional expertise and any other unique qualifications; and
The top three proposals are listed below:

Rank Firm Location Amount
1 Mark Thomas Lakewood, CA $884,664.00
2 Z & K Associates Riverside, CA $329,792.00
3 Ladayu Consulting Grp. PV Estates, CA $338,240.00;
and
WHEREAS,the scope of work for construction management and inspection services described within the RFP for CIP #23-01 included all of the following, but not limited to:

2.Pre-Construction Meeting – Outline project specifics. Inform contractor of project administration procedures.

4.Review Traffic Control & Phasing Plans – Review contractor’s plans for detours, shutdowns and access for emergency vehicles.

5.Progress Meetings – Conduct meetings to discuss background, scope, objectives, schedule, current, and past issues as necessary.

Resolution No. _________

Page 3 ends

7.Schedule – Monitor contractor’s schedule weekly. Notify parties of actual or potential deviation from schedule. Work with project team to correct noncompliance with schedule.

8.Cost Control – Monitor project funding. Monitor project budgets. Review contract item payments, material quantities, and change order payments.

9.Labor Compliance – Provide labor compliance reports to include reporting on prevailing wage, payroll documentation, compliance status, and certified payrolls.

10.Request For Information (RFIs) & Submittals – Provide a list of RFIs and responses. Provide a list of submittals and responses.

11.Change Orders – Review potential change orders for contractual and technical merit. Prepare independent cost estimate and schedule analysis of work.

Negotiate and prepare change orders for execution. Keep the City appraised of impact of cumulative change orders.

12.Dispute Resolution – Make recommendations and implement procedures for reducing the likelihood of disputes and claims. Assist in the resolution of disputes.

15.Permit/Environmental Compliance – Review and enforce requirements stipulated in permits issued by regulatory and environmental agencies.

16.Progress Payments – Review and approve all contractor’s payment request.

Verify contractor pay items. Prepare payment documentation for execution.

17.Monthly Status Reports – Prepare monthly reports highlighting project progress, CCO’s, cost issues, and schedule.

19.Drone Services – Provide aerial photos and video of the project site.

20.“As-Built” Drawings – Collect, review, and transmit contractor’s data to engineer.

Resolution No. _________

Page 4 ends

21.Final Walkthrough – Make final inspections and prepare punchlist. Verify that required certificates of compliance, O&M manuals and as-build drawings have been delivered.

22.Utility Coordination/Railroad Coordination – Assure that contractor is effectively interacting with Utility and Railroad owners.

23.Project Completion Report – Process final progress payment to contractor. File Notice of Completion. Prepare final report and review project records; and WHEREAS,pursuant to the Request for Proposals, it was requested that firms respond with their qualifications, scope of service, etc., in one package and their fee in a sealed, separate cover; and
WHEREAS,the proposal review committee consisting of Public Works staff and the committee reviewed the material in the Request for Proposal (RFP) submitted by the consultants and ranked the most qualified proposals; and WHEREAS,the selection of the most qualified firm for the construction management services was on the basis of demonstrated competence and professional qualifications; and
WHEREAS,qualification Based Selection (“QBS”) is where selection is based on the most appropriate provider of professional services; fees are not an initial consideration nor a primary consideration for selection; however, staff will evaluate the price to ensure there is a comparability and consistency to the other proposals; and WHEREAS,the evaluation process used by the selection committee for ranking the proposal was based upon the completeness of the proposal, consultant’s demonstrated understanding of the scope of services, quality of similar work previously performed by the firm, personnel assigned, resources required to perform the required services, and the proposed schedule of work; and
WHEREAS,fees are not considered until after the selection of the most qualified firms; and
WHEREAS,the review committee determined the proposal submitted by Mark Thomas & Company was deemed the most responsive firm to provide the needed construction management and inspection services for this Project for the following reasons:
Mark Thomas total staff consist of 6 employees including a Resident Engineer/Structure Representative and Structural Inspector totaling 2,852 hours Mark Thomas has experience with construction projects ranging from bridge replacements, widening and repairs, freeway and interchange construction, public and private developments, underground utilities, roadway improvements and widening, to structure construction infrastructure
Mark Thomas has been providing construction management and inspection services to public agencies since the 1950’s
Mark Thomas projects have included bridge replacement, bridge repairs and retrofits, retaining walls, footing excavation in hardrock, HMA roadways, driveways, drainage structures, work around live utilities, traffic control, detours, and public outreach
Mark Thomas’ Project Manager has 25 years of construction management and engineering experience, specializing in bridge construction and is particularly adept at successfully delivering public works projects
Mark Thomas’ Resident Engineer/Structure Representative has 32 years of construction experience and has completed numerous Caltrans projects; and Resolution No. _________

Page 5 ends

WHEREAS,Mark Thomas is an award winning professional services firm that provides construction management and inspection, civil and structural engineering, surveying, and right-of-way services to clients throughout California and Mark Thomas’ construction management team is focused on providing high-quality oversight of capital infrastructure and transportation improvement projects for local agencies; and WHEREAS,the Public Works Engineering Department’s 2023-2024 Fiscal Year will be amended as follows:

Increase Revenue
Account No. Description Amount
2789-710-041-3569 State Grants $884,664
Increase Expenditures
Account No. Description Amount
2789-710-041-4300 State Grants $884,664; and
WHEREAS,funds in the amount of $884,664 will be available in the Public Works 2023-2024 Fiscal Year in Account No. 2789-710-041-4300; and WHEREAS,in order to amend the Public Works Engineering Department’s 2023-2024 Fiscal Year Budget and authorize the City Manager to enter into a professional services agreement with and establish a purchase order in the amount of Eight Hundred and Eighty Four Thousand Six Hundred Sixty Four Dollars ($884,664) to Mark Thomas for the provision of construction management and inspection services for the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project, CIP# 23-01, City Council’s authorization is necessary.

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

SECTION 1.That the proposal submitted by Mark Thomas & Company, Inc is hereby accepted.

SECTION 2.That the City Manager, upon the advice and approval of the City Attorney, is hereby authorized to enter into a professional services agreement with Mark Thomas & Company, Inc for the provision of construction management and inspection services for the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project, CIP# 23-01.

SECTION 3. That the Public Works Engineering Department’s 2023-2024 Fiscal Year will be amended as follows:

Resolution No. _________

Page 6 ends

SECTION 5.That a purchase order in the amount of $884,664 is authorized to be established for Mark Thomas & Company, Inc for services performed for the Artesia Boulevard over Alameda Street and ACTA/UPRR Bridge Repair Project, CIP# 23-01.

SECTION 6.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 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, 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 MEMBERS –
NOES: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
____________________________________

CITY CLERK OF THE CITY OF COMPTON
ARTESIA BOULEVARD OVER ALAMEDA STREET AND ACTA/UPRR BRIDGE REPLACEMENT PROJECT (CIP# 23-01)

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES PROPOSAL ANALYSIS Mark Thomas Staff # Hours Days Rate/Hour
Construction Management Key Staff
Project Manager 1 46 5.75 350.91
Resident Engineer/Structure Representative 1 1248 156 298.73 Structural Inspector 1 1604 200.5 209.8
Office Engineer/Labor Compliance 1 264 33 181.16
Admin & Project Support 1 24 3 145
Accounting 1 13 1.63 146
Total Staff 6 3199 399.88
Z & K Consultants Staff # Hours Days Rate/Hour
Construction Management Key Staff
Project Manager/Construction Manager/Resident Engineer 1 248 31 164 Structural Representative 1 112 14 155
Structural Inspector 1 1488 186 145
Office Engineer/Document Control 1 256 32 135
Labor Compliance 1 72 9 138
Total Staff 5 2176 272
Ladayu Staff # Hours Days Rate/Hour
Construction Management Key Staff
Construction Manager 1 304 38 170
Inspector 1 1456 182 160
Associate Engineer 1 480 60 110
Total Staff 3 2240 280
Amount
$ 16,142.00
$ 372,815.00
$ 336,511.00
$ 47,826.00
$ 3,480.00
$ 1,898.00
$ 778,672.00
Amount
$40,672.00
$17,360.00
$215,760.00
$34,560.00
$11,040.00
$319,392.00
Amount
$51,680.00
$232,960.00
$660.00
$285,300.00
ARTESIA BOULEVARD OVER ALAMEDA STREET AND ACTA/UPRR BRIDGE REPLACEMENT PROJECT (CIP# 23-01)

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES PROPOSAL ANALYSIS

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

CITY OF COMPTON
AND
MARK THOMAS & COMPANY, INC.
[CIP No. 23-01]
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 MARK THOMAS & COMPANY, INC. (hereinafter referred to as “CONSULTANT”), located at 4010 Watson Plaza Drive, Suite 240, Lakewood, California 90712.

RECITALS:

WHEREAS, the City will be implementing the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01), which consists of improvements to a specific street within an area in the City; and
WHEREAS, the City has identified a need for a qualified and experienced engineering consulting firm to provide construction management and construction inspection services for the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01); and WHEREAS, Consultant (Mark Thomas & Company, Inc.) warrants that it is specifically trained, experienced, competent, and has the resources to provide construction management and inspection services on the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23- 01); and
WHEREAS, City desires to engage Consultant to provide these services by reason of its qualifications and experience in performing such services; and WHEREAS, by Resolution No.________ adopted on the _____, of September 2023, the City Council authorized the City Manager to accept the proposal of the Consultant and enter into a professional services agreement to provide the necessary services; and WHEREAS, Consultant is willing to render such professional services subject to the terms and conditions set forth in this Agreement.

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

1. Services to be rendered by Consultant.It is the mutual understanding of the parties that the Consultant shall perform and be responsible for providing professional construction management and construction inspection services relative to the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01). This includes delivering management, construction management, contract administration, construction engineering and inspection, material quality assurance and post construction services. Services to be rendered shall include, but not be limited to the below-indicated tasks and deliverables:

Task 1: Review of all Project Documents - Deliverables: Provide input and assistance to the City during bid review and award process
Task 2: Preconstruction Conference – Deliverables: Outline project specifics. Inform contractor of project administration procedures.

Professional Services Agreement – Mark Thomas & Company, Inc.

Construction Management/Inspection Services
Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project CIP# 23-01 Public Works/Resolution No. ______

Page 2 of 11 ends

Task 3: Management Information System – Deliverables: Implement system for organizing, tracking, filing, and managing paper/electronic correspondence including letters, information requests, submittals, contracts, reports, O&M manuals, progress payments, and change orders, etc.

Task 4: Review Traffic Control Plans & Phasing Plans – Deliverables: Review contractor’s plans for detours, shutdowns and access for emergency vehicles.

Task 5: Progress Meetings – Deliverables: Conduct meetings to discuss background, scope, objectives, schedule, current, and past issues as necessary.

Task 6: Issues Management – Deliverables: Analyze issues, seek appropriate advice, and give recommendations. Review cost reduction proposals as well as contractor’s methods of construction in order to ensure compliance with plans and specifications and delivery of project within budget and the time specified.

Task 7: Schedule – Deliverables: Monitor contractor’s schedule weekly. Notify parties of actual or potential deviation from schedule. Work with project team to correct noncompliance with schedule.

Task 8: Cost Control – Deliverables: Monitor project funding. Monitor project budgets. Review contract item payments, material quantities, and change order payments.

Task 9: Labor Compliance – Deliverables: Provide labor compliance reports to include reporting on prevailing wage, payroll documentation, compliance status, and certified payrolls.

Task 10: Request for Information & Submittals – Coordinate and ensure prompt processing and turnaround time for contractor requests for information and submittals.

Task 11: Change Orders – Deliverables: Review potential change orders for contractual and technical merit. Prepare independent cost estimate and schedule analysis of work. Negotiate and prepare change orders for execution. Keep the City appraised of impact of cumulative change orders.

Task 12: Dispute Resolution – Deliverables: Make recommendations and implement procedures for reducing the likelihood of disputes and claims. Assist in the resolution of disputes.

Task 13: Quality Assurance/Inspection/Material Testing Services – Deliverables: Observe and monitor all aspects of the project. Notify contractor when work is not in compliance. Prepare daily inspection reports. Provide photographic and video documentation of construction process. Encourage and stress quality in the constructed product. Provide materials testing services.

Task 14: Public Relations/Coordination – Deliverables: Communicate with local business community, property owners, tenants, local Sheriff, Fire, utility companies, and ACTA/UPRR regarding temporary construction impacts, such as traffic changes, noise, limited access and construction schedule.

Task 15: Permit/Environmental Compliance – Deliverables: Review and enforce requirements stipulated in permits issued by regulatory and environmental agencies.

Task 16: Progress Payments – Deliverables: Review and approve all contractor’s payment request. Verify contractor pay items. Prepare payment documentation for execution.

Task 17: Monthly Status Reports – Deliverables: Prepare monthly reports highlighting project progress, CCO’s, cost issues, and schedule.

Professional Services Agreement – Mark Thomas & Company, Inc.

Construction Management/Inspection Services
Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project CIP# 23-01 Public Works/Resolution No. ______

Page 3 of 11 ends

Task 18: Site Safety - Deliverables: Review and monitor contractor’s safety program for compliance with Cal/OSHA. Notify contractor if an unsafe condition is observed. Notify City if contractor refuses to rectify unsafe condition and investigate accidents.

Task 19: Drone Services – Deliverables: Provide aerial photos and video of the various project sites.

Task 20: “As-Built” Drawings – Deliverables: Collect, review, and transmit contractor’s data to engineer.

Task 21: Final Walkthrough – Deliverables: Make final inspections and prepare punch list. Verify that required certificates of compliance, O&M manuals and as-build drawings have been delivered.

Task 22: Utility Coordination/Railroad Coordination- Deliverables: Assure that contractor is effectively interacting with Utility and Railroad owners.

Task 23: Project Completion Report – Deliverables: Process final progress payment to contractor.

File Notice of Completion. Prepare final report and review project records.

As more fully described in the City’s “Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01) – Request for Proposals for Construction Management and Inspection Services and in Consultant’s “Proposal to Provide Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01)” dated August 16, 2023, both of which are incorporated herein by this reference.

Consultant acknowledges that in entering into this Agreement the City is relying on Consultant's special skills and experience to do and perform the services in accordance with best standards of professional practice. While performing the services, Consultant agrees to perform all the said work and furnish all the necessary materials at its own cost and expense necessary to complete said services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances and to the reasonable satisfaction of the City.

Consultant services hereunder shall be performed in good, competent and professional manner.

Consultant shall be responsible for correcting and completing all errors and omissions related to the services provided by the Consultant for this Agreement at no additional cost to the City. “Errors” and “Omissions” for purposes of this paragraph are defined to mean a failure by the Consultant to meet the standards of its profession as set forth in the preceding paragraph. The acceptance of the services by City does not release Consultant from these obligations.

Consultant will be responsible for employing or engaging all persons necessary to perform the services. All of Consultant's staff will be qualified by training and experience to perform their assigned tasks. Consultant will give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and will keep the services under its control. On demand of City, if any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she will be discharged immediately from performing services rendered pursuant to this Agreement.

Darin Johnson, PE, Associate Principal of Consultant, shall be primarily responsible for representing Consultant in performance of this Agreement.

2. Duration of Contract.The Consultant shall commence services provided for herein upon written Notification to Proceed from the City and to continue in a diligent and professional manner until the services to be rendered are complete, unless this Agreement is extended or terminated as provided herein.

Consultant will generally adhere to any schedule set forth within Consultant’s Proposal or by the City provided, that City will grant reasonable extensions of time for the performance of the services Professional Services Agreement – Mark Thomas & Company, Inc.

Construction Management/Inspection Services
Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project CIP# 23-01 Public Works/Resolution No. ______

Page 4 of 11 ends

occasioned by unusually lengthy governmental reviews of Consultant’s work product or other unavoidable delays occasioned by unforeseen circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees.

Consultant acknowledges the importance to City of City’s project schedule and agrees to put forth its best professional efforts to perform the services in a manner consistent with that schedule. City understands, however, that Consultant’s performance must be governed by sound practices. Consultant will work such overtime or engage such personnel and equipment as necessary to maintain the schedule, without additional compensation.

3. Compensation.The method of payment for this Contract will be on a fee-for-services basis as specified within Consultant’s “Proposed Fee & Schedule” and incorporated herein. The total price paid the Consultant will include compensation for all work, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total compensation will be negotiated between the Consultant and the City. Adjustment in the total compensation will not be effective until authorized and approved in writing by the City.

Progress payments may be made in arrears based on the percentage of work and deliverables completed by the Consultant. If Consultant fails to submit the required deliverable items according to schedule or as required by the Agreement, except for those amounts that are due and not reasonably in dispute, the City shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions noted herein.

Consultant shall be reimbursed within thirty (30) days, or as promptly as fiscal procedures may permit, upon receipt by the City of itemized invoices for services completed. Invoices shall be submitted no later than 45 calendar days after the performance of work for which the Consultant is billing. Invoices shall detail the work performed on each task as applicable. Invoices shall be delivered or mailed to the Director of Public Works Engineering Department at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.

As full and complete compensation for performance of all the services to be performed by the Consultant pursuant to this Agreement, City shall pay, and Consultant agrees to accept a not-to-exceed maximum sum of Eight Hundred Eighty Four Thousand Six Hundred Sixty Four Dollars ($884,664.00).

In the event of termination, the Consultant shall be entitled to compensation for the undisputed reasonable value of services performed to the effective date of termination, including any non-cancellable obligations incurred prior to termination; provided, however, that the City may condition payment of such compensation upon the Consultant’s delivery to the City of any and all City property, documents, reports, records, materials and work product associated with the performance of this Agreement.

4. Ownership of Materials.All product produced by Consultant or its agents, employees, and subcontractors pursuant to this Agreement (the “Work Product”) is the property of City. In the event this Agreement is terminated, all Work Product produced by Consultant or its agents, employees and subcontractors pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement.

The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Consultant; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances City uses, or engages the services of and directs another consultant to use the Work Product, City agrees to hold Consultant harmless from any and all liability, costs, and expenses relative to claims arising out of matters Professional Services Agreement – Mark Thomas & Company, Inc.

Construction Management/Inspection Services
Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project CIP# 23-01 Public Works/Resolution No. ______

Page 5 of 11 ends

and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Consultant, or anyone for whose acts it is responsible, in preparation of the Work Product. Consultant will not be responsible for deficiencies solely attributable to modifications of the Work Product performed by others, or that arise from use of the Documents in connection with a project or site other than that shown in the Work Product.

5. Independent Contractor Status.Consultant, its officers, employees, subconsultants, subcontractors, agents and volunteers (collectively hereinafter the “Consultant”), will perform the services in Consultant's own way and pursuant to this Agreement as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of City. The persons used by Consultant to provide the services under this Agreement will not be considered employees of City for any purposes.

Neither the City nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the Consultant, except as expressly set forth in this Agreement. Consultant expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Agreement that Consultant shall not at any time or in any manner, represent that Consultant is in any manner officers, employees, agents or volunteers of the City. Consultant shall obtain no rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees. Consultant expressly waives any claim to such rights.

The payment(s) made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant or its agents, employees or subcontractors. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or its employees or subcontractors. Consultant agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment that City may be required to make on behalf of Consultant or any agent, employee, or contractor of Consultant for work done under this Agreement. At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Consultant.

6. Successors, Assignment and Delegation.City and the Consultant each binds themselves, their partners, successors, assigns and legal representatives to the other hereto and to partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in this Agreement.

The expertise and experience of Consultant are material considerations for this Agreement.

Consultant shall not assign or transfer any interest in this Agreement or the performance of any of Consultant’s obligations under this Agreement without the prior written consent of the City. Any attempted assignment or transfer of any of Consultant’s rights, duties or obligations arising under this Agreement shall be null and void.

7. Nondiscriminatory Employment Practices.During the performance of this Agreement, the Consultant agrees not to discriminate against any employee or applicant for employment because of race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations.

Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees, applicants and subcontractors for employment, notices setting forth the provisions of this non-discrimination clause.

In the event of the Consultant’s non-compliance with the non-discrimination clause of this Agreement, this Agreement may be immediately canceled, terminated or suspended in whole or in part.

Professional Services Agreement – Mark Thomas & Company, Inc.

Construction Management/Inspection Services
Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project CIP# 23-01 Public Works/Resolution No. ______

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8. Subcontracting.Consultant's services are unique and personal. Except as may be specified in Consultant’s Proposal and agreed to by the City, Consultant will not subcontract any portion of the services without prior written approval of City Manager or his/her designee. If Consultant subcontracts any of the services, Consultant will be fully responsible to City for the acts, errors and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Consultant and City. Consultant will be responsible for payment of subcontractors. Consultant will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Consultant's work unless specifically noted to the contrary in the subcontract and approved in writing by City.

9. Other Consultants.The City reserves the right to employ other consultants in connection with the services.

10. Indemnification.Consultant shall indemnify and save harmless the City, its officials, officers, employees, agents and volunteers (collectively hereinafter the “City”), against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City and shall indemnify and save the City from any and all liability and expense including reimbursement of reasonable defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Workers’ Compensation claims, of or by anyone whomsoever to the extent resulting from or arising out of the negligent, reckless or willful misconduct for the Consultant, its officers, employees, subconsultants, subcontractors or agents in the performance of the duties undertaken by Consultant pursuant to this Agreement.

This indemnification and hold harmless obligation does not extend to claims arising out of the negligence or willful misconduct of the City.

11. Insurance.Without limiting the Consultant’s indemnification of the City, Consultant shall obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Consultant or Consultant’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. Such evidence shall specifically identify this Agreement and shall contain express conditions that the City is to be given written notice at least thirty (30) days in advance of any termination or implementation of a reduction of limits or material change of insurance coverage as specified herein. Failure on the part of the Consultant to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Agreement. All insurance required hereunder shall be primary with respect to any insurance maintained by the City.

Coverages and Limits. Consultant will maintain the types of coverages and minimum limits indicated below, unless the City Manager, in consultation with the City Attorney approves a lower amount.

These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. The coverage will contain no special limitations on the scope of its protection to the below-designated insureds except for Workers Compensation and errors and omissions insurance. Consultant will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage.If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage, as Consultant deems adequate, at Consultant's sole expense.

11.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit.

Professional Services Agreement – Mark Thomas & Company, Inc.

Construction Management/Inspection Services
Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project CIP# 23-01 Public Works/Resolution No. ______

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11.2 Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage.

11.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Consultant has no employees and provides, to City's satisfaction, a declaration stating this.

11.4 Professional Liability. Errors and omissions liability appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. The coverage shall also provide an extended two (2) year reporting period commencing upon termination or cancellation of this Agreement.

Endorsements. For Commercial General Liability Insurance and Automobile Liability Insurance, Consultant will ensure that the policies are endorsed to name the City of Compton and its respective elected and appointed officers, officials, employees, agents and volunteers as “additional insureds” with respect to liability arising out of the activities of the Consultant. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City. Prior to City's execution of this Agreement, Consultant will furnish certificates of insurance and endorsements to City.

Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City.

12. Permits and Licenses.Consultant, at its own expense, during the term of this Agreement, shall obtain and maintain all appropriate business and professional permits, licenses and certificates that may be required in connection with the performance of services by the Consultant. Upon execution of this Agreement, the Consultant shall show evidence of a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.

13. Maintenance of Records. Consultant will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Consultant will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Consultant will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years, or longer if required by law, from the date of final payment under this Agreement.

14. Warranties.Consultant represents and warrants (i) that Consultant has no obligations, legal or otherwise, inconsistent with the terms of this Agreement or with Consultant’s undertaking this relationship with City, (ii) that the performance of the services called for by this Agreement do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party, (iii) that Consultant will not use in the performance of his responsibilities under this Agreement any confidential information or trade secrets of any other person or entity and (iv) that Consultant has not knowingly entered into or will enter into any agreement (whether oral or written) in conflict with this Agreement.

15. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws and ordinances and regulations, which in any manner affect those, employed by Consultant, or in any way affect the performance of the services by Consultant. Consultant will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the services with all applicable laws, ordinances and regulations. In the event the Consultant encounters any conflict between such laws and ordinances, Consultant shall notify the City in writing and the parties agree to work cooperatively to resolve the conflict.

16. Termination.In the event of the Consultant's failure to prosecute, deliver, or perform the services, after giving written notice of default and two (2) days to correct the same, then, in addition to any other remedies, City may terminate this Agreement for nonperformance by notifying Consultant in writing.

Consultant has five (5) business days to deliver any documents owned by City and all work in progress to Professional Services Agreement – Mark Thomas & Company, Inc.

Construction Management/Inspection Services
Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project CIP# 23-01 Public Works/Resolution No. ______

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City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Consultant has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all Work Product and work in progress prepared by Consultant, whether located at the project site, at Consultant's place of business, or at the offices of a subconsultant.

The City’s obligation is payable only from funds appropriated for the purpose of this Agreement.

All funds for payments after the end of the current fiscal year are subject to the City’s legislative appropriation for this purpose. In the event this Agreement extends into succeeding fiscal year periods and the City Council does not allocate sufficient funds for the next succeeding fiscal year payments, this Agreement shall terminate immediately upon written notice from the City.

Either Party, upon tendering fifteen (15) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, Consultant will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City.

Consultant will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.

17. Force Majeure.In the event that performance by either party is rendered impossible (permanently or temporarily) due to acts of war, acts of terrorism, fires, floods, epidemics, quarantine restrictions, or other natural occurrences, strikes, work slowdowns, lockouts (other than lockout by Consultant), or other similar acts to those described above or other causes beyond the reasonable control of such party, and without fault or negligence, said event shall excuse performance by such party, or in the case of temporary impossibility, shall excuse performance only for a period commensurate with the period of impossibility. Notwithstanding the foregoing, City shall have the right to terminate this Agreement upon any event that renders performance impossible. In such case, City shall be responsible for payment of compensation for the reasonable value of services rendered to the point at which this Agreement is terminated, but in no event to exceed the total lump sum fee payable under this Agreement.

18. Covenants Against Contingent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to terminate this Agreement for nonperformance, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.

19. Certifications.The Consultant, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
.a Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal, State or local agency; and .b Has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal, State or local agency within the past 3 years; and .c Does not have a proposed debarment pending; and
.d Has not been indicted, convicted, or had a civil judgment rendered against him/her/it by a court of competent jurisdiction in any matter involving fraud or official misconduct in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property within the past 3 years; and
.e Are not presently indicted or otherwise criminally or civilly charged by a governmental entity Professional Services Agreement – Mark Thomas & Company, Inc.

Construction Management/Inspection Services
Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project CIP# 23-01 Public Works/Resolution No. ______

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(Federal, State or local) with commission of any of the offenses enumerated in the preceding paragraph; and
.f Have not had one or more public transactions (Federal, State or local) terminated for cause or default within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space. [Supply exceptions on separate page]
For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. [Attach separate page]
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction. The above certifications are part of this contract. Signing this agreement on the signature portion thereof shall also constitute signature of the above Certifications. _________________________________ ___________________ Darin Johnson, PE, Associate Principal (Date)

20. Jurisdiction, Venue and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Los Angeles, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. This Agreement will be governed by the laws of the State of California.

21. Testimony.Consultant will testify at City's request if litigation is brought against City in connection with Consultant's services under this Agreement. Unless the action is brought by Consultant, or is based upon Consultant's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with Consultant will compensate Consultant for time spent in preparation for testimony, testimony, and travel at Consultant's standard hourly rates at the time of actual testimony.

22. Waivers.The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment that may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.

23. Authority.The individuals executing this Agreement and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Agreement.

24. Severability.If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

25. Amendments.This Agreement may be modified or amended only be written document executed by both Consultant and City’s City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.

Professional Services Agreement – Mark Thomas & Company, Inc.

Construction Management/Inspection Services
Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project CIP# 23-01 Public Works/Resolution No. ______

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26. Confidentiality. All documents, reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of the services pursuant to the Agreement are confidential until released by the City to the public, and the Consultant will not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before any such release.

27. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to non- material amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.

28. Notices.Any notices required or permitted under this Agreement shall be effective when delivered in person or via reputable delivery service (e.g. FedEx, DHL, UPS, etc.) or (b) on the fifth (5 th) calendar day after the deposit thereof in the United States mail, postage prepaid and addressed as hereinafter provided, or (c) one business day after sent by facsimile transmission.

To Consultant: Mark Thomas & Company
4010 Watson Plaza Drive, Suite 240
Lakewood, California 90712
Attn: Darin Johnson, PE, Associate Principal
(562) 213-0865
To City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Director, Public Works Department
(310) 605-5505
(310) 605-6326 – fax.

Copy to: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may amend, supplement and update the notice list to add, delete or replace any listed individuals; however, the amendment must be in writing.

29. Miscellaneous.No provision of this Agreement is to be interpreted for or against either party because that party or that party’s legal representative drafted such provision.

Should either party hereto, or any representative, successor or assign of either party hereto, resort to litigation to enforce the provisions of this Agreement, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorney’s fees and costs in such litigation from the party or parties against whom enforcement is sought.

IN WITNESS WHEREOF, CONSULTANT has executed this Agreement, and the CITY, by its City Manager, who is authorized to do so, has executed this Agreement.

MARK THOMAS & COMPANY/CONSULTANT
Dated: _______________ By ___________________________________ Darin Johnson, PE, Associate Principal
Professional Services Agreement – Mark Thomas & Company, Inc.

Construction Management/Inspection Services
Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project CIP# 23-01 Public Works/Resolution No. ______

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Approved by:

Dated: _______________ By ___________________________________ Jerome Groomes, City Manager
Approved as to form:

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

Dated: _______________ By __________________________________ Vernell McDaniel, City Clerk
City of Compton
AUGUST 16, 2023

ARTESIA BOULEVARD

OVER ALAMEDA

STREET AND ACTA/

UPRR BRIDGE REPAIR

PROJECT
CIP #23-01

SUBMISSION DATE

PROJECT

PREPARED FOR

PROPOSAL
August 16, 2023

John D. Strickland, Jr. Project Manager
City of Compton Public Works – Engineering Department
205 South Willowbrook Avenue
Compton, California 90220
Dear Mr. Strickland:

The City of Compton (City) Public Works Department is soliciting proposals from qualified engineering consultants to provide construction management and inspection services for the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project. The bridge sustained fire damage, and steel girders exhibited significant distortion as a result of the fire. As a result, the City needs a qualified team to fully replace Span 10 of the bridge. The Mark Thomas T eam is qualified and fully committed to provide construction management services for this project. Highlights of our qualifications and experience are as follows:

Successful Construction Management Experience: Mark Thomas has been providing construction management and inspection services to public agencies since the 1950’s. Our projects have included bridge replacements, bridge repairs and retrofits, retaining walls, footing excavation in hard rock, footing excavations in hard rock, HMA roadways, driveways, drainage structures, work around live utilities, traffic control, detours, and public outreach. We know the local area and bridge construction requirements, including those referenced by the Local Agency Structures Representative Guidelines published by Caltrans.

Dedicated, Experienced, Local Project Team. Mazen Mneimneh, PE, QSD, will lead our team as Project Manager and will manage our team for the duration of the project. He brings 25 years of construction management and engineering experience, specializing in bridge construction and is particularly adept at successfully delivering public works projects. Mo Rousta, PE will serve as a Resident Engineer/Structure Representative and will be the City’s point of contact on the project. Mo brings a thorough knowledge of Caltrans construction practices. He has 32 years of construction experience and has completed numerous projects with Caltrans. He has worked on some of the most challenging projects in Southern California, such as the SR-91/I-605, the La Palma Street OC, and the T uting Avenue widening which consists of steel girder beams. Mo’s knowledge and experience as a former Caltrans employee is invaluable as a resident engineer solving both contractual and technical issues.

Mark Thomas Team with Experienced, Local Subconsultants. Bruce Fock-Y at, will be Mo’s right hand person in the field.

His experience includes several bridge construction projects, including the Rancho Santa Margarita Bridge Hinge Repair for the City of Rancho Santa Margarita. Bruce also worked with Mo to deliver the Higuera Bridge Replacement project for the City of Culver City. T ogether, Mo and Bruce will be responsible for the day-to-day operations, and apply their Quality Assurance (QA) plan to the construction activities in accordance with the project specifications. With the help of our sub consultants, our team will provide all the services necessary to complete this project. Atlas will provide materials sampling and testing and Endemic Environmental Services will provide biological survey and environmental compliance. The Mark Thomas T eam possess the necessary registrations required and are listed in the licenses section of the proposal.

As Associate Principal of Mark Thomas, I am authorized to negotiate and contractually bind the firm. Our team is available, committed, and eager to begin work on this project. We are excited to partner with the City, and look forward to the successful delivery of this project.

Sincerely,
MARK THOMAS & COMPANY, INC.

Darin Johnson, PE
Associate Principal
(562) 213-0865
4010 WATSON PLAZA DRIVE, SUITE 240
LAKEWOOD, CA 90712 MARKTHOMAS.COM

MARK THOMAS
Table of Contents
Company Overview
Professional License Numbers
Approach & Methodology
Schedule of Work
2 16
17 27

CONTENTS

ARTESIA BOULEVARD OVER ALAMEDA STREET BRIDGE
REPAIR PROJECT CIP #23-01
City of Compton

MARK THOMAS

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FIRM INFORMATION
Mark Thomas provides construction management, construction inspection, surveying, civil and structural engineering, landscape architecture, and planning and urban design services to clients throughout California.

We have more than 360 employees strategically located in offices throughout the State. Mark Thomas’ construction management team is focused on providing high-quality oversight of capital infrastructure and transportation improvement projects for local agencies. Our team has experience with construction projects ranging from bridge replacements, widening and repairs, freeway and interchange construction, public and private developments, underground utilities, roadway improvements and widenings, to structure construction. We are intimately familiar with Caltrans plans and specifications, in addition to federal aid requirements and utility coordination. The relationships and knowledge gained through our design work is applied to our construction management services to provide for successful projects.

Mark Thomas is able to leverage the internal resources we have with our other divisions and services, to provide constructability review or address any potential challenges that arise during construction. Our firm is built on providing sound and innovative solutions and high-quality customer service for public works and transportation projects. Our staff is knowledgeable of standards for bridge, roadway, highway, drainage, and utility projects. We recently completed construction management and inspection services for the cities of Norwalk, Culver City, San Marcos, T urlock, Rocklin, and Roseville.

We have provided constructability reviews and in the field problem solving to enhance construction staging, and utility protection/coordination. This has resulted in solutions that have reduce construction schedule impacts and saved construction costs.

Mark Thomas is committed to providing the City with exceptional service, a responsive resident engineer in Mo Rousta, PE, and a project team that will be available and accessible throughout the duration of this project.

Public Agency Experience
Mo and our support team are well-practiced at serving local agencies throughout California. We have multiple former public employees on staff and they bring thorough understanding of public policies and procedures. We have bid on thousands of projects throughout the State and are fully aware of these governing procedures, requirements and laws. Not only in support of our design documents, but also in a construction management role. We are also intimately familiar with reviewing and addressing contractor claims during construction. We are accustomed to working in various capacities for public agencies and operate as a true extension of their staff. 100%
Employee
Owned
360+
Professional In-
House Staff
96 Years in Business
California
Corporation
10 Offices
Statewide
>6K
Projects
Delivered

COMPANY OVERVIEW
Mark Thomas is an award-winning professional services firm that provides construction management and inspection, civil and structural engineering, surveying, and right-of-way services to clients throughout California. Our solutions have benefited all types of bridge repair and roadway design projects.

ARTESIA BOULEVARD OVER ALAMEDA STREET BRIDGE
REPAIR PROJECT CIP #23-01
City of Compton

MARK THOMAS

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Move Forward
Construction Inspection
Mark Thomas’ construction management team is focused on providing high- quality oversight of capital infrastructure and transportation improvements projects for local agencies. Our team has experience with construction projects ranging from bridge replacements, public and private developments, roadway improvements and widenings, trails and bicycle paths, to development construction. We are intimately familiar with state and local standards, in addition to federal aid requirements and utility coordination. The relationships and knowledge gained through our design work is applied to our construction management services to provide for successful projects.

Our Resident Engineer’s Expertise
Mo’s past experience on similar projects, includes but not limited to East Street bridge on Route 91 emergency project. He received the as-built and funding for the project, as well as a contractor to perform the work. Mo provided direction on the steel fabrication that was to be welded of different thickness steel plates.

He reviewed the WQCP , inspected the welding, removed the damaged beam under contract and replaced the beam and the concrete deck. The beam was later painted under a separate contract.

Mo also has experience with painting structure steel on the La Palma Street OC and on assignment to assist District 7 with paint projects. He was trained on structure steel painting as a part of the La Palma Bridge Paint project. Mo reviewed SSPCs and monitored the progress under closure, and was also a trainer for Confined Spaces, which was useful during the painting operation in 2011.

The bridge deck removal and replacement at PCH to I-5 North is another similar project due to providing the deck similar to Artesia Blvd span replacement. The bridge deck was replaced with modifications to the plans; contract plans provided a deck grids that did not match the existing deck. Mo was able to use the existing data prior to deck removal and provide a new deck grade under change order.

Mo was also involved in numerous retrofit projects that provided steel jackets for columns. These steel k-jackets follow the same protocol for painting. The steel jackets arrive to the job site with primer and 1st coat of paint applied on them. After the welding operation to connect the steel jackets, the weld is grinded, prepared, primer is applied, 1st and 2nd coats of paint follow. Mo is bringing his wealth of knowledge from these similar projects to this project for the City.

AREAS OF EXPERTISE
» Construction Management
» Construction Inspection
» Structures Design
» Rail Coordination
» RFI and Submittal
Coordination
» Document Control
» Change Order Reviews
» Compliance with Agency
Requirements
» Public Outreach
Assistance
» Project Closeout
» Environmental Services
» Materials Testing and
Source Inspection

ARTESIA BOULEVARD OVER ALAMEDA STREET BRIDGE
REPAIR PROJECT CIP #23-01
City of Compton

MARK THOMAS

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Key Staff

PROJECT STAFF

STRUCTURAL INSPECTOR
Bruce Fock-Yat

OFFICE ENGINEER/LABOR

COMPLIANCE
Socorro De La Torre

MATERIALS SAMPLING AND

TESTING
Bill Early
Atlas

BIOLOGICAL SURVEY/

ENVIRONMENTAL COMPLIANCE
Luma Fowler
Endemic Environmental Services, Inc.

PROJECT MANAGER
Mazen Mneinmeh, PE, QSD

ORGANIZATIONAL CHART AND STAFFING PLAN
We understand the importance of assembling a team who will be dedicated and available to support the City through the duration of this project. The organizational chart below depicts the lines of communication and structure we intend to implement for this contract for successful project delivery. Mo Rousta, PE will serve as our Resident Engineer and your primary, day-to-day contact; he will be responsible for managing field team. Mo has developed a reputation with his clients for providing responsive, collaborative customer service. Additional staff can be added upon request. This approach works perfectly for our team to complete this project.

RESIDENT ENGINEER/STRUCTURE

REPRESENTATIVE
Mo Rousta, PE

ARTESIA BOULEVARD OVER ALAMEDA STREET BRIDGE
REPAIR PROJECT CIP #23-01
City of Compton

MARK THOMAS

Page 5 ends

SUBCONSULTANT QUALIFICATIONS
Mark Thomas will serve as the prime consultant and will manage the work associated with the contract from our Lakewood office. Mark Thomas will be supported by Endemic Enviornmental Services provinding environemntal compliance, and Atlas who will provide materials sampling and testing services.

Biological Survey/
Environmental Compliance
Endemic Environmental Services Inc. (Endemic) is a California S-Corporation established in 2011. Endemic has provided construction support by monitoring project sites, environmental assessment and field surveys, and submitted final reports as required by the resource agencies. T asks included pre-construction and monitoring of nongame migratory nesting birds, roosting bats, CA gnatcatchers, western pond turtles, yellow and red-legged frogs, and Least Bell’s Vireo. They also prepared wildlife management plans and wildlife education plans for construction team members. They have prepared Biological Resource Information/Natural Resource Protection plans, construction mitigation monitoring and WPCP/SWPPP compliance reports.

Materials Sampling and Testing
Atlas provides professional testing, inspection, engineering, environmental and consulting services from more than 100 locations nationwide. They deliver solutions to both public and private sector clients in the transportation, commercial, water, government, education and industrial markets. With a legacy of providing consistent quality and results, Atlas creates a better experience at every stage of an infrastructure project. The firm connects the best experts in the industry to deliver value from concept to completion and beyond. This means doing everything their clients expect and then raising the expectations in a way that only their people can.

ARTESIA BOULEVARD OVER ALAMEDA STREET BRIDGE
REPAIR PROJECT CIP #23-01
City of Compton

MARK THOMAS

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MAZEN MNEIMNEH, PE, QSD

PROJECT MANAGER
Mazen has 25 years of experience in the design, construction management and inspection of transportation projects including bridge repairs, shoofly construction, bridge replacements, interchanges, reinforced concrete channels, retaining walls, bridge seismic retrofits, highways, and local street improvements. He oversees structural inspections, materials testing, submittals, shop drawings, RFI’s, and change orders. Mazen reviews contractor’s documents (drawings, specifications, and technical submittals) for constructability, value engineering and establishes coordination among various design packages to mitigate ambiguity. Mazen schedules work in logical steps and budgets the time required to meet deadlines. He determines staffing requirements and supervises staff assigned to the project; controls and monitors cost, keeps track of project and consultant expenditures, prepares, and negotiates contract change orders and manages bid process, bid specifications, cost estimates and commercial documents.

REPRESENTATIVE PROJECT EXPERIENCE

HIGUERA STREET BRIDGE REPLACEMENT AND

BALLONA CREEK BIKE PATH CONNECTIVITY

IMPROVEMENTS, CULVER
Project manager for the replacement of the existing Higuera Street Bridge over Ballona Creek. Features of the existing bridge are: 42 feet wide; 3 travel lanes; sidewalks on both sides; 3 span steel girders and beam; and a concrete deck.

The upgrade will assure compliance with the current seismic and geometric standards but as well will enhance the
public safety for bicyclists/pedestrians crossing the bridge and traffic circulation. The project will consist of demolition of the existing bridge, construction of a single span
prestressed concrete box girder bridge and a connection ramp to the bike path.

SANTA MARGARITA PARKWAY BRIDGE HINGE REPAIR
(HBP), RANCHO SANTA MARGARITA
Resident engineer / Structures representative for the
1,199-foot-long and 72-foot-wide northern bridge of
Santa Margarita Parkway. The project includes full hinge demolition and replacement, replacement of the joint seal, and assemblies and joint sidewalk armor at each abutment.

The CM team oversees the removal of an approach median
to the east of the bridge to create space for adequate
staging.

FIRESTONE BOULEVARD BRIDGE REPLACEMENT (HBP),

NORWALK
Structures representative for the replacement of a 239- foot long three-span structure carrying six traffic lanes and concrete sidewalks over the San Gabriel River. Responsible for the technical and administrative control of the structure elements. Mazen oversaw design issues, construction
methods, structural inspections, testing, material submittals, shop drawings, RFI’s, proposed change orders.

FIVE POINT GATEWAY - MARINE WAY PLAZA BRIDGE,
IRVINE
Construction manager for the OCPC North Bridge and
Plaza Bridge Project. The scope of work included leading a team of bridge inspectors and to manage the independent quality assurance testing program to ensure the project is in accordance with Caltrans Specifications and the contract drawings. Services included the following: structural
observations on site, establishing grades for various
bridge elements, coordinating material source inspection, reviewing quality assurance report for compliance,
reviewing shop drawings and contractor’s submittals.

FIRESTONE BLVD BRIDGE WIDENING OVER LOS

ANGELES RIVER, SOUTH GATE
Resident engineer/structures representative for construction management for a 473-ft bridge and 300-ft road
widenings; a federally funded Highway Bridge Project
following Caltrans Procedures. As the resident engineer and structure representative, Mazen led the full-service construction management team for this major bridge
project. The bridge utilized precast concrete bulb-tee
girders.
ü Over 25 years of construction management
experience
ü Experienced with bridge repair projects
ü Extensive experience coordinating with
railroad and utility companies

EDUCATION
MS in Engineering Management
BS in Civil Engineering

REGISTRATION
CA C65560
CA QSD 06556

TEAM MEMBER RESUMES
20% availability

ARTESIA BOULEVARD OVER ALAMEDA STREET BRIDGE
REPAIR PROJECT CIP #23-01
City of Compton

MARK THOMAS

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MO ROUSTA, PE

RESIDENT ENGINEER/STRUCTURE REPRESENTATIVE
Mo has 32 years of construction management and inspection experience in the transportation industry. A certified Caltrans Resident Engineer and a Structures Representative, he has an in-depth comprehension of Caltrans standard specifications, falsework manual, bridge deck construction manual, construction record and procedure manual, pre-stressing manual, Construction Manual, and other standard procedures, and utility related work of the Caltrans Offices of Structure Construction. He is well equipped in providing all structural inspection for all bridge construction that includes material submittal reviews, shop drawings, CIDH pile inspection, foundations, columns, pier walls, superstructure, and utilities within the bridge bays. Mo has repeatedly been named Structures Representative of the Y ear by Caltrans District 12 for his work on multiple projects.

REPRESENTATIVE PROJECT EXPERIENCE

HIGUERA STREET BRIDGE REPLACEMENT AND

BALLONA CREEK BIKE PATH CONNECTIVITY

IMPROVEMENTS, CULVER CITY
Resident engineer/Structure representative working closely with the City of Culver City to replace Higuera Bridge
over Ballona Creek. He is providing project management
by performing the task needed to inspect, manage, and
construct the bridge and roadway portions of the project.

He also maintained the project categories, conducted
weekly meetings, executed change orders, responded to
RFIs and dealt with the contractor on a daily basis. Other duties include falsework check, FW erection and removal, reinforcing steel and concrete placement, prestressing duct placement check, strand push/pull, elongation calculations and prestressing operation. Bridge approach and departure includes asphalt concrete replacement from the nearest
intersections that require modifications to the traffic signals and utilities and drainage systems inspection.

IMPERIAL/ORANGETHORPE GRADE SEPARATION,

YORBA LINDA
Structure representative responsible for constructing a grade separation at Imperial Highway over the BNSF
railroad and Orangethorpe. This project was to construct a new 3 span bridge over Orangethorpe and above railroad.

This project also included construction of three mechanically stabilized embankments (MSE) with soundwall on top, in
addition to soundwall on top of CIDH piles and pile caps, soundwall on top of Type I retaining wall, soundwall of top of soldier pile retaining wall, and soundwall on top of tie back soldier pile retaining wall. During the operation, all Caltrans staff were trained to work around the railroad and their certifications were renewed yearly. Mo was responsible for reviewing submittals, performing field and office tasks, keep categories up to date, assign inspectors to multiple operations throughout the job, train structure construction and structure design staff.

PAINT LA PALMA AVENUE OVERCROSSING, CALTRANS
DISTRICT 12
Structure representative responsible for painting steel girders of LA Palma Bridge Overcrossing and repair damage to the steel girder following an accident that resulted in the 1st 2 exterior girders on the West bound 91 FWY to
get minor damage. The project consisted of repairing the damaged girders, replacing the damaged bracings and
paint the entire bridge using the latest SSPCs. Mo was
responsible for reviewing the SSPCs, wedling QCP and
inspection of the work.

BRIDGE DECK REPLACEMENT PCH TO I-5
NORTHBOUND CONNECTOR, CALTRANS DISTRICT 12
Structure representative responsible for replacing the
bridge deck while keeping the existing suffit and girders of the original bridge. Mo was responsible for review, submittals, remove and replace the damaged section of the bridge super structure that remained in service, removing and replacing the unsound concrete, adding bolsters to
strengthen the girders, adding and replacing the girder reinforcement where needed, writing CCOs, dealing with
project plan enhancement, book keeping, estimates, RFIs, required records and as-built.
ü 32 years of construction management and
inspection experience
ü Worked on a wide variety of steel girder
bridge projects
ü Experienced with working in rural areas

EDUCATION
BS in Civil Engineering

REGISTRATION
CA C57600
75% availability

ARTESIA BOULEVARD OVER ALAMEDA STREET BRIDGE
REPAIR PROJECT CIP #23-01
City of Compton

MARK THOMAS

Page 8 ends

BRUCE FOCK-YAT

STRUCTURAL INSPECTOR
Bruce has eight years of experience in civil engineering within the construction industry. During this time, he has had an opportunity to oversee complex municipal infrastructure projects including bridge construction, street improvements, higways, slope stabilization, road pavements, retaining walls, stromwater and sewer systems developments. Bruce has been actively involved in performing quality control, development of construction procedures and project plans, conducting daily inspections, monthly progress claims, management of the project team and liaising with client’s representatives.

REPRESENTATIVE PROJECT EXPERIENCE

HIGUERA STREET BRIDGE REPLACEMENT AND

BALLONA CREEK BIKE PATH CONNECTIVITY

IMPROVEMENTS, CULVER CITY
Structural inspector for the replacement of a new single span cast-in-place bridge with pre-stressed concrete
box girders, 24-inch cast-in-drilled holes (CIDH) piles supported by seat abutments, bridge wingwalls supported on engineering fill and CIDH. This project also included the construction of two cantilevered retaining walls, both being 421LF and 261.6LF. Responsible for Daily Inspection Reports and Photographic Records, Compliance Verification of Quality Control and Quality Assurance, Providing
T echnical and Engineering Support, Independent Field
Measurements, Pay Applications, Field Inspections and
Verifying Regulatory Compliance with Federal, State and Local Agency.

CITYWIDE RESIDENTIAL RESURFACING PROJECT,

SOUTH GATE
Construction inspector for the citywide residential
resurfacing to enhance accessibility throughout the
neighborhoods in the City. The resurfacing includes
pavement rehabilitations, removal and replacement of ADA ramps, rehabilitation of cross gutters, curbs and gutters and sidewalks, adjust to grade manholes and values, speed bumps, street signs and striping.

SANTA MARGARITA PARKWAY HINGE REPAIR, RANCHO

SANTA MARGARITA
Construction inspector for the 72-foot-wide northern
bridge which encompasses a full hinge demolition and
replacement, and includes replacement of the joint
seal, and assemblies and joint sidewalk armor at each
abutment. The project also consists of the Installation of the CIDH piles, hinge replacement, installation of falsework, jacking, grinding the surfaces of the bridge, removal of the damaged joint seal and installation of the new joint sealant and resurfacing. All inspection services have been performed in strict accordance with the latest Caltrans Local Assistance Procedures Manual, Office of Structure Construction technical manuals, Highway Design Manual,
Construction Manual, Caltrans Standard Specifications, and City Standards.

SOUTH PINE RIVER & TRIBUTARY CREEK BRIDGE

UPGRADE, BRENDALE, QLD
Structural inspector for the $12 million project, upgrading two bridges, 360-foot and 1082-foot long. The scope of
work involved demolishing the 100years old, 39 spans
superstructure and re-construction of the rail infrastructure, installing 1248 bearing pads, 156 deck slabs, 16 precast transition slabs and 8 sets of precast stairs. Responsibilities includes: construction supervision of all structural elements, including temporary and permanent works to ensure
they are constructed in accordance with the provisions
of the Contract; establishing methods and procedures;
undertaking regular field inspection and testing as per the testing regime nominated in QR Contract Plans &
Specifications; planning and implementing strategies for quality management and testing.
ü Eight years of construction management
and inspection experience
ü Public agency experience
ü Experienced with working on various
bridge repair projects

EDUCATION
BS in Civil & Construction Engineering
Certificate: Construction Management and
Engineering
Certificate III Civil Construction, Bridges &
Maintenance
100% availability

ARTESIA BOULEVARD OVER ALAMEDA STREET BRIDGE
REPAIR PROJECT CIP #23-01
City of Compton

MARK THOMAS

Page 9 ends

SOCORRO DE LA TORRE

OFFICE ENGINEER/LABOR COMPLIANCE
Socorro has over 17 years of experience in the construction management and inspection of projects, particularly construction and inspection of highways, street improvements, bridges, street beautifications, and light rail transit. She has also played various roles as a field engineer, project engineer, assistant superintendent, and construction inspector. She has worked on numerous multi-million dollar construction projects with Caltrans, Metro, and numerous local agencies. Projects included street improvements, bridge replacement, grade separations, road widenings, pavement rehabilitations, landscape and irrigation, grading, traffic control, demolition, electrical components, pre-stressed and reinforced concrete, cast-in drilled holes (piles), trenching and showing, precast girders, mass concrete, rock slope protection, sign structures, sound walls and retaining walls.

REPRESENTATIVE PROJECT EXPERIENCE

CENTRAL AVENUE PROJECT, MONTCLAIR
Office engineer/labor compliance for the rehabilitation of Central Avenue, between Phillips Boulevard and I-10.

The project’s objective was street rehabilitation, signal modifications, median landscaping/irrigation improvements, recycle water line and handicap accessibility upgrades

HIGUERA STREET BRIDGE REPLACEMENT AND

BALLONA CREEK BIKE PATH CONNECTIVITY

IMPROVEMENTS, CULVER CITY
Construction inspector for the replacement of the existing Higuera Street Bridge over Ballona Creek. The upgrade
will assure compliance with the current seismic and
geometric standards but as well will enhance the public safety for bicyclists/pedestrians crossing the bridge and traffic circulation. The project consists of demolition of the existing bridge, construction of a single span prestressed concrete box girder bridge and a connection ramp to the bike path.

FIRESTONE BOULEVARD BRIDGE WIDENING OVER LOS

ANGELES RIVER, SOUTH GATE
Construction inspector for the widening of a 439-ft
long bridge over the Los Angeles River. As the primary
inspector on this project, Socorro has performed all types of inspections required including, roadway, structural, and traffic handling such as, construction of road widening, removal and replacement of sidewalk and curb and gutter, removal of existing asphalt pavement and replacement
with jointed plain concrete pavement, relocation of street lighting, striping, and traffic control systems. Assisted project rep with a submittal review and respond to Request for
Information, track quantities on a daily basis and review and prepared progress payments and provide documentation
of daily reports. In addition to widening the south side of the bridge, this project also included demolition and replacement of the existing southwest bike ramp and
retaining walls.

PIONEER BOULEVARD REHABILITATION, NORWALK
Construction inspector for the rehabilitation of Pioneer Boulevard between Rosecrans Avenue and Alondra
Boulevard. The work involves construction of landscaped median islands along the center of the street, installation of a new traffic signal on Pioneer Boulevard at Ferina Avenue/ Hopland Avenue, repaving the roadway including repairs to gutters, and upgrading corner accessibility ramps.

SANTA MARGARITA PARKWAY HINGE REPLACEMENT

PROJECT, RANCHO SANTA MARGARITA
Construction inspector for the 72-foot-wide northern
bridge which encompasses a full hinge demolition and
replacement, and includes replacement of the joint
seal, and assemblies and joint sidewalk armor at each
abutment. All inspection services have been performed in strict accordance with the latest Caltrans Local Assistance Procedures Manual, Office of Structure Construction
technical manuals, Highway Design Manual, Construction
Manual, Caltrans Standard Specifications, and City
Standards.
ü More than 17 years of construction
management and inspection experience
ü Experience working on a wide variety of
bridge projects
ü Extensive knowledge of public agency
procedures

EDUCATION
BS in Civil Engineering
25% availability

ARTESIA BOULEVARD OVER ALAMEDA STREET BRIDGE
REPAIR PROJECT CIP #23-01
City of Compton

MARK THOMAS

Page 10 ends

William (Bill) Early, P.E.

Project Manager

Profile
Mr. Early has more than 30 years of civil engineering experience in construction management, infrastructure design, program management, and quality control (QC)/quality assurance (QA) program management and inspections on numerous types of construction and rehabilitation projects including: highways, light-rail transit, heavy/freight rail, airports, and bridges for highways light rail transit and heavy freight rail, and water & wastewater conveyance and treatment plants. His fabrication quality assurance experience includes more than 10 years in managing QA inspections for all types of materials commonly used on these projects including: reinforced and prestressed precast concrete structures, welded structural steel, fiber reinforced composites, reinforced concrete pipe, welded steel pipes and fittings, ductile iron pipes and fittings, metal castings for drainage structures and utility vaults, etc. He has extensive knowledge of fabrication processes for reinforced and prestressed structural members under ACI and PCI codes.

Mr. Early has served as team lead on Quality and Source Inspections on various construction projects, and has acted as Structures Materials Representative (SMR) for various Caltrans Oversight projects. He prepared the SIQMP document for the City of Torrance PCH Intersection Improvement project (CT Oversight project) and assisted with getting Caltrans Approval and assisted with preparing the SIQMP for the City of Manhattan Beach.

Relevant Project Experience
Quality Assurance/Independent Quality Assurance Services for South California Projects (Contract 59A1185), California Department of Transportation (Caltrans), Southern CA
Project Manager (02/2023 – Present). Mr. Early works closely with Caltrans functional managers to assign qualified personnel to complete the required Task Order work as specified on an “as-needed” basis in coordination with the Caltrans Contract Manager. He schedules, organizes, and facilitates coordination meetings to identify efficiencies and improve performance.

I-5 North County Enhancements Project, Los Angeles Metropolitan Transportation Authority, Santa Clarita, CA
Senior Quality Engineer (03/2021 – 02/2022). This $700 million Caltrans oversight project is being implemented in north Los Angeles, California. The project includes addition of 14 miles of HOV lanes to the I-5 freeway and includes extension of truck lanes and ramps and addition of auxiliary lanes (additional outside lanes extending between an on-ramp and a subsequent off- ramp. Major required construction improvements include bridge widening, construction of sound and retaining walls, installation of drainage improvements, and construction of new PCC and ACC pavement. As Senior Quality Engineer, Mr. Early provided quality oversight of all project management functions of LA Metro’s I-5 North County Enhancements Project in northern Los Angeles County, CA.

Years of Experience 30
Years at Current Firm 1
Education
Master of Science, Civil
Engineering (Structural),
Missouri Science & Technology,
Rolla, MO
Bachelor of Science, Civil
Engineering (Structural),
Southern Illinois University,
Edwardsville, IL
Certifications
Professional Engineer, Civil, CA,
No. 86767
AWS Certified Welding
Inspector, No. 15092661
NACE Coating Inspector Level II,
No. 40174
Training
FHWA-NHI Course #130055 -
Safety Inspection of In-Service
Bridges
FHWA-NHI Course #130078 -
Fracture Critical Inspection for
Steel Bridges
FHWA-NHI Course #130053 -
Bridge Inspection Refresher
Training;
ASCE – Bridge Condition
Assessment
ASCE – Bridge Rehabilitation
USDOT-FHWA Blast Design
Analysis for Bridge Structures
OSHA Safety Trained Supervisor

ARTESIA BOULEVARD OVER ALAMEDA STREET BRIDGE
REPAIR PROJECT CIP #23-01
City of Compton

MARK THOMAS

Page 11 ends

Barry S. Nerhus, MS
Principal Ecologist/Biologist
[email protected]

Summary:

Mr. Nerhus has been working with bats for the past 7 years on various projects throughout the state of California. He had the opportunity to be trained and/or work with Jill Carpenter, Dave Johnston, and Luma Fowler on various projects. He has been previously (and currently) approved by Caltrans and CDFW as a designated biologist to manage, survey, and monitor for bats. Furthermore, he has prepared bat management plans, bat exclusion devices, bat avoidance and minimization plans concurred by CDFW and Caltrans, eviction plans, and monitoring plans.

He has conducted bat work mainly on Public Works Projects. These projects have been in Caltrans District 1, 2, 3, 4, 5, 7, 8, 10, and 12, other projects have included County of Stanislaus, County of Calaveras, County of San Luis Obispo, City of Santa Margarita (Orange County), Riverside County Transportation Commission, San Bernardino Transportation Commission, LA Metro, Private Development Projects in Los Angeles County, Orange County, Sacramento County, and Imperial County.

The types of bat surveys and management have included, surveys identified to species using Anabat Walkabout Devices to identify frequencies, inspecting and monitoring swallow nest removal, where removing bats was required, habitat assessments, exit counts, identifying night and day roosts, monitoring and stalling exclusion devices, ensuring bat evictions were executed per plans and minimizing bat impacts, determining bat maternity roosts, tree removal consulting to ensure bats are evicted properly, safely, and humanely. Lastly over the past 6 years,, Mr.

Nerhus a Professor at UC Irvine, where he teaches wildlife ecology in the graduate program in the Department of Ecology and Evolutionary Biology. Each year as part of the curriculum, he surveys the Jamboree Bridge with bat biologist, Luma Fowler, to demonstrate surveying and sampling techniques for bat management.

Education:

MS, Biology, California State University, Long Beach
BS, Biology, University of California, Irvine

Certifications and Permits/Licenses:

Certified Stormwater Protection Practitioner and Designer (QSP/D) #27735 Certified Professional in Erosion and Sediment Control #9658 USFWS 10(a)(1)(A) Recovery Permit, TE74785A-2 for various species CDFW Scientific Collecting Permit, SC- 010434, issued 3/2020 for various species

ARTESIA BOULEVARD OVER ALAMEDA STREET BRIDGE
REPAIR PROJECT CIP #23-01
City of Compton

MARK THOMAS

Page 12 ends

Compton City CouncilSeptember 26, 2023

Compton City Council
September 26, 2023