Members of the public may address the City Council on any item shown on the agenda or matter of the Council’s authority after completion of “Request to Address the Council Form” available in the lobby of the Council Chambers or in the City Clerk’s office. This form must be completed 15 minutes prior to the scheduled meeting time. Pursuant to Section 54957.5 of the California Government Code, Any writings (Except for those writings which are exempt from disclosure) which are
distributed to all or a majority of the members of the City Council are available for public inspection in the lobby of the City Council Chambers and in the office of the City Clerk during regular business hours.
COMPTON CITY COUNCIL
AGENDA
01/23/2024
4:00 PM – CHRISTMAS PARADE AWARDS
PRESENTATION
5:30 PM – PUBLIC MEETING
CITY COUNCIL CHAMBERS
205 SOUTH WILLOWBROOK AVE
COMPTON, CA 90220
PRESENTATIONS
THE 68TH ANNUAL CHRISTMAS PARADE AWARDS PRESENTATION -
JANUARY 23, 2023 @ 4PM
OPENING
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
-2- City Council Agenda
1/23/2024 5:30PM
REGULAR AGENDA
CITY MANAGER'S REPORT
1. NAACP REQUEST TO USE CITY FACILITY (COUNCIL CHAMBERS): 2024 CANDIDATES FORUM - SATURDAY, FEBRUARY 24, 2024 10AM-12PM
NEW BUSINESS
2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE GENERAL SERVICES DEPARTMENT 2023-2024 FISCAL YEAR BUDGET TO APPROPRIATE $149,717.50 FROM THE INSURANCE
RECOVERY FUND AND ENTER INTO AN AGREEMENT WITH PRIORITY HEATING AND AIR CONDITIONING, INC. AND ISSUE A PURCHASE ORDER FOR THE REPLACEMENT OF ELEVEN (11) HVAC UNITS LOCATED AT 700 NORTH BULLIS ROAD ($149,717.50)
3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE ORDER
WITH UNIFIRST CORPORATION TO PROVIDE UNIFORMS FOR THE PUBLIC
WORKS STREET MAINTENANCE DEPARTMENT IN AN AMOUNT NOT TO EXCEED TWENTY THOUSAND DOLLARS ($20,000)
4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE (3) YEAR
AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER FOR GENERAL
PUMP COMPANY FOR PROVISION OF WATER WELL AND BOOSTER PUMP TECHNICAL AND MAINTENANCE SERVICES ($540,471.43)
COUNCIL COMMENTS
ADJOURNMENT
NEXT REGULAR MEETING: 2/6/2024 5:30PM
Visit our website at http://www.comptoncity.org
January 16, 2024
To: City of Compton
Ms. Tripenia Simmons
Assistant City Manager
Mr. Willie A Hopkins
City Manager
Ref: March 5, 2024, Compton City and State Senate Election Good morning Ms. Simmons and Welcome to the City of Compton Mr. Hopkins! I am LaTanya Ganter a long-time resident of Compton, Vice President of the Compton NAACP and Executive Board Member of the Concerned Citizens of Compton, Inc. Both organizations are well-known non-profits in the city and have a history of joining together to provide Community Election Candidates Forums. The two organizations pride themselves by providing unbiased and professional candidates forums. Both organizations have a mutual goal and that is to provide registered voters with the opportunity to meet and hear the candidates before casting their votes.
Our previous candidate’s forum includes the City of Compton, Compton Unified School District, California State Assembly, California State Senate, Los Angeles County Board of Directors. We have a reputation for creating an atmosphere where candidates are treated equally and with respect, and an atmosphere where the registered voters can have their questions and concerns addressed.
In the past our Candidates Forum has been held in the City Council Chambers and viewed on Local Cable Channel 36. We request the use of the City Council Chambers for the Forum, and it is available for residents to view on Channel 36. Our request date is Saturday February 24, 2024. 10am to 12pm will be the City of Compton Candidates. 1pm-3pm will be State Senate District 35 Candidates. Both organizations have volunteers to provide assistance to the Candidates and the public audience at large.
The forum will be held in an orderly manner.
We look forward to hearing from you.
Sincerely,
LaTanya Ganter
310-617-6978
Cc:
Paulette Gipson
NAACP Compton Branch
Richard Earl
Concerned Citizens of Compton, Inc
1. January 23, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: GENERAL SERVICES DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE GENERAL SERVICES DEPARTMENT 2023-2024
FISCAL YEAR BUDGET TO APPROPRIATE $149,717.50 FROM THE
INSURANCE RECOVERY FUND AND ENTER INTO AN AGREEMENT
WITH PRIORITY HEATING AND AIR CONDITIONING, INC. AND ISSUE A PURCHASE ORDER FOR THE REPLACEMENT OF ELEVEN (11)
HVAC UNITS LOCATED AT 700 NORTH BULLIS ROAD ($149,717.50)
SUMMARY
Adoption of the attached resolution will amend the General Services 2023-2024 Fiscal Year Budget and authorize the City Manager to enter into an agreement and establish a purchase order to Priority Heating and Air Conditioning, Inc. and issue a purchase order in the amount not to exceed One Hundred Forty-Nine Thousand Seven Hundred Seventeen Dollars and Fifty Cents ($149,717.50) for the replacement of eleven (11) heating, ventilation, and air conditioning units located at the CareerLink Facility - 700 North Bullis Road, Compton, CA 90221.
BACKGROUND
The City of Compton owns certain real property located at 700 North Bullis Road, Compton, CA 90221, which is currently occupied by the City of Compton Local Housing Authority, Coalition for Humane Immigrant Rights, and The Secret Place Church. On August 7, 2023, staff received a complaint from the City of Compton Local Housing Authority, stating that the heating, ventilation, and air conditioning system was malfunctioning. The General Services maintenance staff investigated the complaint and discovered nine (9) of sixteen (16) units had been vandalized over the weekend. Staff contacted the Compton Sheriff’s Department and obtained a police report for the damage.
The administrative staff created an incident report for the Risk Management Division, and a claim for damages was subsequently filed.
On August 15, 2023, staff was notified by the Compton Sheriff’s Department that a suspect had returned to the scene and had been apprehended. The maintenance staff inspected the building and discovered two (2) additional units were damaged. The administrative staff provided a second incident report to the Risk Management Division, and they filed a second claim for damages.
2. Staff Report – Resolution
Authorizing Agreement and Purchase Order
Priority Heating & Air Conditioning, Inc. / HVAC Replacement CareerLink Facility / 700 N. Bullis Road
January 23, 2024 Page 2 of 3
The maintenance team met with vendors and received the following quotes to replace eleven (11) heating, ventilation, and air conditioning units.
CONTRACTOR AMOUNT
Priority Heating & Air Conditioning, Inc. $149,717.50
South Bay Heating & Air, Inc. $188,500.00
City Wide Heating & Cooling $174,600.00
STATEMENT OF THE ISSUE
Eleven (11) heating, ventilation, and air conditioning units located at the Compton CareerLink facility need to be replaced due to vandalism that occurred on August 7, 2023 and August 15, 2023. Staff conducted a job walk and obtained quotes from Priority Heating & Air Conditioning, Inc., South Bay Heating & Air, Inc., and City-Wide Heating & Cooling.
The staff has reviewed the quotes and has determined that Priority Heating & Air Conditioning, Inc. is the most cost-effective vendor for this project. If the project is approved by the Mayor and City Council, this vendor can replace the units upon an executed agreement and issued purchase order.
The staff aims to complete this project before the summer months begin. Upon successful installation of the units, staff will present to the City Council a resolution to procure the services of a custom metal security cage vendor to design and install cages with access doors to prevent unauthorized access and discourage vandalism and theft to the units.
Staff is requesting that this item be approved by an emergency measure immediately necessary for the preservation of the public, health, safety and welfare.
Compton City Charter Section 1409 states, contracts likewise may be let without advertising for bids, if such work shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by motion passed by at least four affirmative votes and containing a declaration of the facts constitution such urgency.
ALTERNATIVE
No other alternative is offered at this time.
Staff Report – Resolution
Authorizing Agreement and Purchase Order
Priority Heating & Air Conditioning, Inc. / HVAC Replacement CareerLink Facility / 700 N. Bullis Road
January 23, 2024 Page 3 of 3
FISCAL IMPACT
Insurance recovery funds were provided by National Fire & Marine Insurance Company in the amount of $74,858.50 for claim number PR2308154510 and $74,859.00 for claim number PR2308154515 for a grand total of $149,717.50 were deposited into the insurance recovery account number 1001-000-000-3751 on December 21, 2023. Upon approval of this resolution City Council will authorize the department to amend the budget appropriation as follows:
Increase in Revenue Appropriation:
Account No. Description Amount
1001-000-000-3751 Insurance Recovery $149,717.50
Increase in Expenditure Appropriation:
Account No. Description Amount
1004-600-000-4300 Capital Outlay $149,717.50
Funds in the amount not to exceed One Hundred Forty-Nine Thousand Seven Hundred Seventeen Dollars and Fifty Cents ($149,717.50) for this expenditure will be available in the FY 2023-2024 Budget in Account No. 1004-600-000-4300 upon Mayor and City Council approval of the attached resolution.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution amending the General Services Department Fiscal Year 2023-2024 budget and authorize the City Manager to enter into an agreement and establish a purchase order to Priority Heating and Air Conditioning, Incorporation to replace eleven (11) heating, ventilation, and air conditioning units.
NEBRASKA JONES
GENERAL SERVICES DIRECTOR
APPROVED FOR FORWARDING:
WILLIE A. HOPKINS, JR.
CITY MANAGER
Attachment: Proposed Resolution
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE GENERAL SERVICES DEPARTMENT 2023-2024 FISCAL YEAR BUDGET TO APPROPRIATE $149,717.50 FROM THE INSURANCE
RECOVERY FUND AND ENTER INTO AN AGREEMENT WITH PRIORITY HEATING AND AIR CONDITIONING, INC. AND ISSUE A PURCHASE ORDER FOR THE REPLACEMENT OF ELEVEN (11) HVAC UNITS LOCATED AT 700 NORTH BULLIS ROAD ($149,717.50)
WHEREAS, the City of Compton owns certain real property located at 700 North Bullis Road, Compton, CA 90221, and is responsible for maintaining the City’s administrative buildings, parks, fire stations, service yards, and leased properties; and WHEREAS, on August 7, 2023, staff received a complaint from the City of Compton Local Housing Authority, stating that the heating, ventilation, and air conditioning system was malfunctioning; upon staff investigation, it was determined that nine (9) of sixteen (16) units had been vandalized, the copper wiring and other various parts that are essential for the unit to function were missing or destroyed; and WHEREAS, on August 15, 2023, staff was notified by the Compton Sheriff’s Department that a suspect had returned to the scene and had been apprehended, upon further investigation, it was determined that two (2) additional units were vandalized; and WHEREAS, the City of Compton Risk Management Division filed two separate claims for damages, and National Fire & Marine Insurance Company provided restitution in the amount of $149,717.50, which were deposited into the City of Compton Insurance Recover Account No. 1001-000-000-3751 on December 21, 2023, and WHEREAS, the General Services Department is requesting to amend the 2023- 2024 Fiscal Year budget to transfer funds from the Insurance Recovery Account No. 1001-000-000-3751 to the General Services Department Capital Outlay Account No. 1004-600-000-4300; and
WHEREAS, the General Services Department solicited bids to replace eleven (11) heating, ventilation, and air conditioning units, and the following quotes were received from Priority Heating & Air Conditioning, Inc., South Bay Heating & Air, Inc., and CityWide Heating & Cooling; and
CONTRACTOR AMOUNT
Priority Heating & Air Conditioning, Inc. $149,717.50
South Bay Heating & Air, Inc. $188,500.00
City Wide Heating & Cooling $174,600.00
WHEREAS, Staff has determined that Priority Heating & Air Conditioning, Inc. is the most suitable and cost-effective vendor for this project as they can acquire the equipment and complete the project before the summer months begin; and WHEREAS, Staff is requesting that this item be approved by an emergency measure immediately necessary for the preservation of the public, health, safety and welfare per Compton City Charter Section 1409; and
Compton City Charter Section 1409 states, contracts likewise may be let without advertising for bids, if such work shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by motion passed by at least four affirmative votes and containing a declaration of the facts constitution such urgency.
WHEREAS, upon approval of this resolution, expenditures for this project will be allocated in Account No. 1004-600-0000-4300 in the amount not to exceed One Hundred Forty-Nine Thousand Seven Hundred Seventeen Dollars and Fifty Cents ($149,717.50); and
Resolution No. __________
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the City Council will authorize the department to amend the City’s FY2023-2024 budget as follows:
Increase in Revenue Appropriation:
Account No. Description Amount
1001-000-000-3751 Insurance Recovery $149,717.50
Increase in Expenditure Appropriation:
Account No. Description Amount
1004-600-000-4300 Capital Outlay $149,717.50
Section 2. That the City Manager is hereby authorized to enter into an agreement with Priority Heating & Air Conditioning, Inc. for the replacement of eleven (11) heating, ventilation, and air conditioning units located at 700 North Bullis Road.
Section 3. That the City Manager is hereby authorized to establish a purchase order to Priority Heating & Air Conditioning, Inc. in the amount not to exceed One Hundred Forty-Nine Thousand Seven Hundred Seventeen Dollars and Fifty Cents ($149,717.50) from account 1004-600-000-4300.
Section 4. That a copy of this Resolution shall be filed in the offices of the City Manager, City Attorney, City Controller, City Clerk, and the General Services Department.
Section 5. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ________ day of _________________, 2024.
MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, 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 this ________ day of ___________________, 2024.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCILMEMBERSNOES: COUNCILMEMBERSABSTAIN: COUNCILMEMBERSABSENT: COUNCILMEMBERS- ___________ ___
CITY CLERK OF THE CITY OF COMPTON
Priority Heating & Air Conditioning Inc.
P.O.Box 3874
Gardena, CA 90247
(424) 232-8374
[email protected]
http://www.priorityheatairinc.com
BILL TO SHIP TO
CITY OF COMPTON
205 S. WILLOWBROOK AVE
PO BOX 5118
COMPTON, CA.
ATTN: CONTROLLER
COMPTON, CA 90221
CITY OF COMPTON
BLDGS & PARKS
VARIOUS LOCATIONS
COMPTON,
COMPTON, CA 90221
INVOICE S-8271-A
DATE 12/19/2023 TERMS NET 10
DUE DATE 12/29/2023
P.O. /W.O #
Payment #2 for 700 Bullis Road
ACTIVITY QTY RATE AMOUNT
BID
BID WORK-Replacement of (11) vandalized
air conditioning units at 700 Bullis Road ,Ca
1 74,859.00 74,859.00
It's been a pleasure doing business with you.
TOTAL DUE $74,859.00
Priority Heating & Air Conditioning Inc.
P.O.Box 3874
Gardena, CA 90247
(424) 232-8374
[email protected]
http://www.priorityheatairinc.com
BILL TO SHIP TO
CITY OF COMPTON
205 S. WILLOWBROOK AVE
PO BOX 5118
COMPTON, CA.
ATTN: CONTROLLER
COMPTON, CA 90221
CITY OF COMPTON
BLDGS & PARKS
VARIOUS LOCATIONS
COMPTON,
COMPTON, CA 90221
INVOICE S-8271-A
DATE 12/19/2023 TERMS NET 10
DUE DATE 12/29/2023
P.O. /W.O #
Payment #2 CL# PR2308154515
ACTIVITY QTY RATE AMOUNT
BID
BID WORK-Replacement of (11) vandalized
air conditioning units at 700 Bullis Road ,Ca
1 74,859.00 74,859.00
It's been a pleasure doing business with you.
TOTAL DUE $74,859.00
South Bay Heating & Air Conditioning, Inc.
3300 E. 59th Street, Long Beach, CA 90805 P (310) 835-3300 F (310) 835-6923 www.southbayhvac.com
Contract Proposal
To: Compton City
Address: 205 S. Willowbrook Ave.
Compton, Ca 90220
Phone #: 310-650-7420
Date: 10/11/23
Attn.: Nebraska Jones/Erika
AMOUNT QUOTED: $ 188,500
(One Hundred Eighty Eight Thousand Five Hundred)
Job Name: Bullis Street Changeouts
Job Address: 700 N Bullis Rd. Compton, CA 90221
Equipment: Carrier/ Day N Night Heat Pumps 460/3: 10 Ton (1 of), 7.5 Ton (3 of), 5 Ton (5 of), 3.5 ton (1 of)
We propose to provide all material and labor to complete the following: disconnect, remove and dispose of existing rooftop equipment. Set new curb adapters (where necessary), set on existing curbs, and set on new pad covers. Reconnect to all existing roof duct. Reconnect to existing high voltage, low voltage, and drain lines. Startup equipment and check operation for a complete contract.
Notes:
1. Contract price includes certified payroll.
2. Contract price includes T 24 compliant economizer on all equipment 5 Ton and up.
3. Contract price includes all new electrical disconnects, all new thermostats, new pad covers and all crane fees.
Exclusions: Off hour work, city fees, roof duct, electrical upgrades, drain lines below roof, roofing, painting/patching, and structural upgrades.
Warranty: One year parts and labor on new material.
Terms: Draw against work progress. This contract is good for 30 days.
I do hereby enter into this agreement this day of , 2023 South Bay Heating & Air Conditioning, Inc.
3300 E. 59th Street, Long Beach, CA 90805 P (310) 835-3300 F (310) 835-6923 www.southbayhvac.com
Accepted by: Title:
For
Submitted by: Dylan Miller
Lic#439779 C-20
INSTALLATION AGREEMENT
BETWEEN
CITY OF COMPTON
AND
PRIORITY HEATING & AIR CONDITIONING, INC.
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 PRIORITY HEATING & AIR CONDITIONING, INC. (hereinafter referred to as “CONTRACTOR”) located at P.O. BOX 3874, GARDENA, CA 90247 (each a “Party” and collectively, the “Parties”).
RECITALS
A. The City has a need for a specifically trained and experienced contractor who holds a current C20 - Heating, Ventilating and Air Conditioning license with the CA Contractors State License Board who can purchase and install eleven (11) rooftop HVAC units at 700 North Bullis Road, Compton, CA 90221 building to restore units that were vandalized and reinstate the level of energy conservation and provide appropriate temperatures within the building; and B. Contractor has the professional skills, training, certification and experience necessary to perform the services described in this Agreement; and
C. City desires to engage Contractor to provide these services by reason of its qualifications and experience in performing such services; and
D. By Resolution No. **,***, adopted on the **** day of *******, the City Council gave approval to enter into an agreement with Priority Heating & Air Conditioning, Inc. for the purchase and installation of eleven (11) HVAC units located at 700 North Bullis Road, Compton, CA 90221.
NOW, THEREFORE, the Parties, for the consideration, terms and conditions herein described, mutually agree as follows:
1. Services to be Performed by Contractor:
Contractor shall perform, in a professional manner, everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services for the purchase of all necessary equipment and installation of eleven (11) rooftop HVAC heat pump units.
More specifically, Contractor shall perform the following services:
Provide all labor and materials
Replace 11 package heatpumps
Include electrical changes
Duct plenums changes
Curb, crane and roofing cost along with labor
Warranty: *********
Contractor will be responsible for the professional quality, technical accuracy and coordination of the services. Contractor will, without additional compensation, correct or revise any errors or deficiencies in the services.
Installation Agreement – Priority Heating & Air Conditioning, Inc.
Purchase/Install New Rooftop HVAC Units (700 North Bullis Road) Resolution No. *****
2 Contractor agrees to perform all the said work and furnish all the said materials at its own cost and expense, as are necessary to complete in a good worker-like and substantial manner and to the satisfaction of the City.
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.
2. Compensation:
The method of payment for this Contract shall be on a flat lump sum basis. The fees charged by the Contractor shall include compensation for all work and labor, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the Contractor, 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 Contractor and the City. Adjustment in the total compensation will not be effective until authorized and approved by the City.
Contractor shall be reimbursed within thirty (30) days, or as promptly as fiscal procedures may permit, upon receipt by the City of itemized invoice(s) for all services completed. Invoice(s) shall be submitted no later than 45 calendar days after the performance of work for which the Contractor is billing.
Invoice(s) shall be delivered or mailed to the Director, General Services Department at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.
The Contractor is required to comply with all federal, state and local laws and ordinances applicable to the work.
For the work agreed to be performed pursuant to this Agreement, it is understood between the parties that the maximum compensation payable to the Contractor for all services to be performed pursuant to this Agreement is limited to One Hundred Forty-Nine Thousand Seven Hundred Seventeen Dollars and Fifty Cents ($149,717.50).
In the event of termination, the Contractor 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 Contractor’s delivery to the City of any and all City property, documents, reports, records and materials associated with the performance of this Agreement.
3. Commencement of Services:
The CONTRACTOR agrees to commence the work provided for herein after receipt of the “Notice-to-Proceed” and to continue in a diligent, professional, and worker-like manner without interruption until the work is completed, which is anticipated by the parties to be by or before January 31, 2024.
4. Indemnity:
Contractor shall indemnify and save harmless the City, its officials, officers, employees, agents and volunteers (collectively hereafter the “CITY”) against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City and shall defend, indemnify and save the City from any and all liability or expense, including defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Worker’s Compensation claims, of or by anyone whomsoever in any way resulting from or arising out of the negligent or intentional acts or omissions of the Contractor in the performance of this Contract, including Installation Agreement – Priority Heating & Air Conditioning, Inc.
Purchase/Install New Rooftop HVAC Units (700 North Bullis Road) Resolution No. *****
3 operations of subcontractors and acts or omissions of employers or agents of the Contractor or its subcontractors.
This indemnification and hold harmless obligation does not extend to claims arising out of the sole negligence or willful misconduct of the City.
5. Insurance:
5.1 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 coverage required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until such subcontractor(s) has secured all insurance required under this Section 5.
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 will maintain the types of coverage’s and minimum limits indicated below, unless the Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor’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 Contractor pursuant to this Agreement are adequate to protect Contractor. The coverage will contain no special limitations on the scope of its protection to the belowdesignated insured’s except for Workers Compensation insurance. 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.
5.2 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:
5.2.1 Commercial General Liability. Contractor shall provide and maintain at its own expense during the term of this Agreement a policy of Commercial General Liability Insurance, inclusive of personal injury liability and broad form property damage coverage, in an amount not less than One Million Dollars ($1,000,000.00) per occurrence. The coverage shall be written on an occurrence basis.
Claims made coverage is not acceptable.
5.2.2 Workers’ Compensation Insurance and Employer's Liability. Contractor shall provide and maintain at its own expense during the term of this Agreement a policy of Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of One Million Dollars ($1,000,000) per accident for bodily injury and which specifically covers all persons providing services by or on behalf of the Contractor and all risks to such persons under the Agreement.
Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this.
5.2.3 Automotive Liability. Contractor shall provide and maintain at its own expense during the term of this Agreement a program of insurance with a limit of liability of not less than Five Hundred Thousand Dollars ($500,000.00) for each accident. Such insurance shall include coverage for all “owned”, “hired” and “non-owned” vehicles, or coverage for “any auto”. If Contractor does not own any Installation Agreement – Priority Heating & Air Conditioning, Inc.
Purchase/Install New Rooftop HVAC Units (700 North Bullis Road) Resolution No. *****
4 company vehicles, the requirement may be satisfied by providing (a) a Personal Automobile Liability policy for the Contractor’s own vehicle; 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).
5.3 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.
5.3.1 The policy or policies of insurance required by Section 5.2.1 (Commercial General Liability) shall be endorsed to provide the following:
.a Additional 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. .b Additional 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.
.c Cancellation: 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.
5.3.2 The policy or policies of insurance required by Section 5.2.2 (Automobile Liability) shall be endorsed to provide the following:
.a Cancellation: 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.
5.3.3 The policy or policies of insurance required by Section 5.2.4 (Workers' Compensation) shall be endorsed to provide the following:
.a Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. .b Cancellation: 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.
5.4 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.
5.5 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.
5.6 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 Installation Agreement – Priority Heating & Air Conditioning, Inc.
Purchase/Install New Rooftop HVAC Units (700 North Bullis Road) Resolution No. *****
5 required insurance has been reinstated or has been provided through another insurance company or companies.
5.7 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.
5.8 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.
6. Safety:
6.1 Contractor shall have overall responsibility for safety precautions and programs in the performance of the services.
6.2 Contractor shall seek to avoid injury, loss or damage to persons or property by taking reasonable steps to protect:
.a Employees and all other persons at the location where services are rendered (“Site”);
.b Materials and equipment stored on the Sites or off the Sites at locations for use in performance of the work; and
.c The assigned project Sites and all property located at the Sites, whether or not said property or structures are part of the project or involved in the work.
6.3 Contractor shall designate an individual at the Site of the assigned project in the employ of Contractor who shall act as Contractor’s designated safety representative with a duty to prevent accidents.
6.4 Losses 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.
6.5 If City deems any part of the work or Sites 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.
7. Non-Discriminatory Employment Practices:
During the performance of this Contract, the Contractor 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. The Contractor 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. 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 Installation Agreement – Priority Heating & Air Conditioning, Inc.
Purchase/Install New Rooftop HVAC Units (700 North Bullis Road) Resolution No. *****
6 agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth provisions of this nondiscrimination clause.
In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract, this Contract may be canceled, terminated or suspended in whole or in part.
8. Successors and Assigns:
City and the Contractor each binds themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Contract Documents. Neither party to the Agreement shall assign the Contract or sublet it in whole or part without the written consent of the other, nor shall the Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the City. Any attempted assignment of this Contract without the written consent of both parties is void.
9. Warranties:
The Contractor guarantees all equipment, materials, supplies and work furnished on the job against defective construction or workmanship for a period of one (1) year following completion of the project.
If within one (1) year after the date of completion of the Agreement, any of the work is found to be defective or not in accordance with the Contract documents, the Contractor shall correct it promptly after receipt of a written notice from the City to do so, at the Contractor’s expense. This obligation shall survive termination of the Contract. The City shall give notice promptly after discovery of the condition.
10. Independent Contractor Status:
Contractor, its officers, employees, subcontractors, agents and volunteers (collectively hereinafter the “Contractor”), is a wholly independent Contractor and not an officer, employee, subcontractor or agent of the City of Compton. 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 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.
11. Permits and Licenses:
Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate business and professional permits, licenses and certificates that may be required in connection with the performance of services by Contractor.
Prior to or at the time of execution of this Agreement, the Contractor shall obtain a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.
12. Termination:
Notwithstanding any other provisions of this Agreement, this Agreement may be terminated as follows:
Installation Agreement – Priority Heating & Air Conditioning, Inc.
Purchase/Install New Rooftop HVAC Units (700 North Bullis Road) Resolution No. *****
7 12.1 If the Contractor becomes insolvent; that is, it has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether or not it has committed an act of bankruptcy, and whether or not insolvent within the meaning of the federal Bankruptcy law, then, the City may, without prejudice to any other right or remedy and after giving the Contractor five (5) days written notice, terminate this Agreement.
12.2 If the Contractor persistently or repeatedly refuses or fails, except in cases for which extensions of time are provided, to supply enough properly skilled workers, property or material, or if he fails to make prompt payment to subcontractors or for materials or labor, or he persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, then, the City may, without prejudice to any other right or remedy and after giving the Contractor five (5) days written notice, terminate this Agreement.
12.3 If the Contractor fails to perform or breaches any material obligation under this Agreement, then, the City may, without prejudice to any other right or remedy and after giving the Contractor five (5) days written notice, terminate this Agreement.
12.4 Pursuant to the provisions of Section 5 above.
If the City gives notice of termination, Contractor shall cease immediately all work in progress unless otherwise directed in writing by the City. Upon termination Contractor shall furnish to the City a final invoice for work performed.
13. Ownership of Documents/Equipment:
All electronic and hardcopy data, reports, documents, records, plans, discs, diskettes or other material (“Documents”) prepared, developed or discovered by or provided to Contractor during the course of providing services pursuant to this Agreement and equipment purchased shall be the property of the City, whether or not the services are completed.
14. 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 Contractor or any of Contractor’s subcontractors), 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 Contract upon any event that renders performance impossible. In such case, City shall be responsible for payment of all expenses incurred to the point at which this Contract is terminated.
15. 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.
16. Amendments:
Installation Agreement – Priority Heating & Air Conditioning, Inc.
Purchase/Install New Rooftop HVAC Units (700 North Bullis Road) Resolution No. *****
8 This Agreement may be modified or amended only by written document executed by both Contractor 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.
17. Notice:
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 third business 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 Contractor: Priority Heating & Air Condition, Inc.
P.O. Box 3874
Gardena, CA 90247
Attn: Henry Norris, President
(424) 221-3415
(424) 232-8374 – Message Line
To City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Director, General Services Department
(310) 605-5519
(310) 764-2143 – fax.
With 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.
18. Contractors’ Books and Records:
Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to work, services, expenditures and disbursements charges to the City for the period and to the extent required by laws relating to audits of public agencies and their expenditures.
Contractor shall maintain all documents and records which demonstrate performance under this Agreement for the period and to the extent required by laws relating to audits of public agencies and their expenditures.
Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City or a designated representative. Copies of such documents shall be provided to the City, at its expenses, for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices in this Agreement.
19. Examination and Audit:
Installation Agreement – Priority Heating & Air Conditioning, Inc.
Purchase/Install New Rooftop HVAC Units (700 North Bullis Road) Resolution No. *****
9 This Contract shall be subject to examination and audit of the City, State Auditor of the State of California and/or any duly authorized representative of the federal government, at the request of the City, or as part of any audit of the City, for a period of three (3) years, or longer if required by law, after final payment under this Agreement.
20. Covenants Against Contingent Fees:
Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor 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.
21. Waivers:
The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law.
The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.
22. 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.
23. Governing Law and Severability:
This Agreement shall be governed by and construed under 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.
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.
24. 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. Contractor shall be responsible for paying all federal and state income withholding taxes for all earning under this Agreement.
25. Miscellaneous:
Installation Agreement – Priority Heating & Air Conditioning, Inc.
Purchase/Install New Rooftop HVAC Units (700 North Bullis Road) Resolution No. *****
10 Contractor and City acknowledge that the terms of this Agreement have 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.
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, Contractor has executed this Agreement, and the City, by its City Manager, who is authorized to do so, has executed this Agreement.
PRIORITY HEATING & AIR CONDITIONING, INC.
CONTRACTOR
Dated: _______________ By ____________________________________ Henry Norris, President
CITY OF COMPTON
Recommended for Approval by:
By ____________________________________ Dated: _____________________ Nebraska Jones, Director
General Services Department
Approved by:
Dated: ________________ By ____________________________________ Willie A. Hopkins, Jr, City Manager
Approved as to form:
By _________________________________ Dated: ___________________ Eric J. Perrodin, City Attorney
ATTEST:
Dated: _________________ By _____________________________________ Vernell McDaniel, City Clerk
January 23, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: PUBLIC WORKS STREET MAINTENANCE DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE
ORDER WITH UNIFIRST CORPORATION TO PROVIDE UNIFORMS
FOR THE PUBLIC WORKS STREET MAINTENANCE DEPARTMENT IN
AN AMOUNT NOT TO EXCEED TWENTY THOUSAND DOLLARS
($20,000)
SUMMARY
The adoption of this resolution will authorize the City Manager to establish a purchase order with UniFirst Corporation to provide uniforms for the Public Works Street Maintenance Department in an amount not to exceed Twenty Thousand Dollars ($20,000).
BACKGROUND
Uniform rental, replacement and related service items are an integral part of safety equipment provided to employees. The City provides uniforms to the Public Works Street Maintenance Department (Department) for the purpose of safety and identification.
The City requires employees to maintain a neat appearance and wear a clean uniform each work day. All employees who are required to wear uniforms issued by the City must wear the complete uniform as directed during working hours. Uniforms shall remain consistent with the City’s standards and guidelines. Each employee is provided with a total of eleven (11) sets of uniforms. Uniforms are turned in on a weekly basis for laundering and repairs and/or replacement as deemed necessary.
The uniform rental services include providing quality uniforms, laundering, maintenance, repairs, replacement and a reliable delivery schedule by a uniform service that picks up soiled uniforms and replaces them with clean clothing.
STATEMENT OF THE ISSUE
The Department desires to provide City issued uniforms for the Public Works Street Maintenance Department to identify City employees and to ensure safety in all traffic areas.
3. Staff Report – Resolution Authorizing P.O.
UniFirst Corporation - Provision of Uniforms/Replacement January 23, 2024, Page 2
Staff solicited quotes from uniform rental companies and the quotes are as follows:
Company Uniform Shirt/Week Uniform Pants/Week
Aramark .17 .24
Cintas .18 .30
UniFirst .20 .29
Staff reviewed the quotes from other uniform providers to evaluate if UniFirst’s current prices, services and products align with the industry standards. UniFirst Corporation was not the lowest quote; however, the vendor has been deemed the most responsive and responsible to provide uniform services based on their extensive experience, quality apparel and consistency with the Department. The vendor with the lowest quote is not the most responsible, as the vendor does not exhibit the qualities needed to provide the same level of services the Department requires.
UniFirst Corporation has provided weekly uniform services for the Department since 2019. Currently, there are outstanding invoices (June 2023 – November 2023) totaling $8,258.47. Approval of this item will allow the Department to pay UniFirst for the services rendered and continual services to the end of the fiscal year.
In an effort to ensure continued, uninterrupted uniform services, the Department would like to remain with UniFirst Corporation. This option will save time and any start-up or additional cost associated with uniform rental services.
Pursuant to Resolution No. 25,001, adopted by the City Council on April 23, 2019, the City Manager is authorized to expend up to $25,000.00 to any one single vendor in a fiscal year; however, the City has reached the threshold for UniFirst Corporation for Fiscal Year 2023-2024 and the Department was unable to pay outstanding invoices due to the vendor. Therefore, City Council’s approval is required for this item.
FISCAL IMPACT
The Department has funds available in the Fiscal Year 2023-2024 Budget for this expenditure in the following accounts:
Account Description Amount
1001-720-000-4246 Uniforms Replacement $11,000.00
1520-720-OMR-4246 Uniforms Replacement $ 6,000.00
5116-720-000-4246 Uniforms Replacement $ 1,400.00
6000-720-000-4246 Uniforms Replacement $ 1,600.00
ALTERNATIVE
No other alternative is being proposed.
Staff Report – Resolution Authorizing P.O.
UniFirst Corporation - Provision of Uniforms/Replacement January 23, 2024, Page 3
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution.
DAMION TIMMONS
STREET SUPERINTENDENT
APPROVED FOR FORWARDING:
WILLIE HOPKINS JR.
CITY MANAGER
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE ORDER
WITH UNIFIRST CORPORATION TO PROVIDE UNIFORMS FOR THE PUBLIC
WORKS STREET MAINTENANCE DEPARTMENT IN AN AMOUNT NOT TO EXCEED TWENTY THOUSAND DOLLARS ($20,000)
WHEREAS, the City of Compton Public Works Street Maintenance Department (Department) provides uniforms for the purpose of safety and identification; and WHEREAS, all employees who are required to wear uniforms issued by the City must wear the complete uniform as directed during working hours; and WHEREAS, uniforms shall remain consistent with the City’s standards and guidelines; and
WHEREAS, the UniFirst Corporation has provided weekly uniform services to the Department since 2019, and the Department desires to remain with the vendor. This option will ensure continued, uninterrupted uniform services and will save time and any start-up or additional costs associated with the uniform services; and WHEREAS, pursuant to Resolution No. 25,001, adopted by the City Council on April 23, 2019, the City Manager is authorized to expend up to $25,000.00 to any one single vendor in a fiscal year; and
WHEREAS, the City has reached the threshold for UniFirst Corporation for Fiscal Year 2023-2024 and City Council’s approval is required; and WHEREAS, the Department has funds available in the Fiscal Year 2023-2024 Budget for this expenditure in the following accounts:
Account Description Amount
1001-720-000-4246 Uniforms Replacement $11,000.00
1520-720-OMR-4246 Uniforms Replacement $ 6,000.00
5116-720-000-4246 Uniforms Replacement $ 1,400.00
6000-720-000-4246 Uniforms Replacement $ 1,600.00
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the City Manager is hereby authorized to establish a purchase order with UniFirst Corporation to provide uniform services in an amount not to exceed Twenty Thousand Dollars ($20,000.00) from the following accounts:
Account Description Amount
1001-720-000-4246 Uniforms Replacement $11,000.00
1520-720-OMR-4246 Uniforms Replacement $ 6,000.00
5116-720-000-4246 Uniforms Replacement $ 1,400.00
6000-720-000-4246 Uniforms Replacement $ 1,600.00
Section 2. That funds for this expenditure are allocated in the Department’s Fiscal Year 2023-2024 Budget.
Section 3. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Manager, City Controller, City Attorney and Public Works Street Maintenance Department.
Section 4. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
Resolution No. __________
ADOPTED this ________ day of _________________, 2024.
MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, 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 this ________ day of ___________________, 2024.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCILMEMBERSNOES: COUNCILMEMBERSABSTAIN: COUNCILMEMBERSABSENT: COUNCILMEMBERS- ___________ ___
CITY CLERK OF THE CITY OF COMPTON
Consolidated Customer Statement
Statement Date:
11/27/2023 1431378
Primary
Plant/Branch:
CITY OF COMPTON PWORKS
324
Total Open Balance: $8,258.47
Customer Name:
Customer
Account Number:
Invoice Invoice Date Current Balance Billing System
Details
Convt'd from
Invoice Number
2192804566 11/02/2022 $168.15 UBS 3242804566
2190008144 06/14/2023 $261.82 UBS
2190011797 06/21/2023 $285.51 UBS
2190015852 06/28/2023 $285.73 UBS
2190018773 07/05/2023 $273.27 UBS
2190022024 07/12/2023 $309.35 UBS
2190025939 07/19/2023 $268.62 UBS
2190029458 07/26/2023 $288.76 UBS
2190033048 08/02/2023 $279.15 UBS
2190036344 08/09/2023 $450.48 UBS
2190039880 08/16/2023 $380.53 UBS
2190043522 08/23/2023 $313.28 UBS
2190046679 08/30/2023 $336.21 UBS
2190049926 09/06/2023 $427.13 UBS
2190053595 09/13/2023 $486.68 UBS
2190056936 09/20/2023 $331.83 UBS
2190059990 09/27/2023 $337.67 UBS
2190063708 10/04/2023 $331.83 UBS
2190067072 10/11/2023 $335.25 UBS
2190070226 10/18/2023 $356.92 UBS
Total Open
Balance:
$8,258.47
Payment terms are Net30. Please remit at the invoice
number level for timely application of your payment.
CITY OF COMPTON P-WORKS
458 S. ALAMEDA ST
COMPTON, CA 90221
Please remit to:
UniFirst Corporation
PO Box 650481
Dallas, TX 75265-0481
Consolidated Customer Statement
Statement Date:
11/27/2023 1431378
Primary
Plant/Branch:
CITY OF COMPTON PWORKS
324
Total Open Balance: $8,258.47
Customer Name:
Customer
Account Number:
Invoice Invoice Date Current Balance Billing System
Details
Convt'd from
Invoice Number
2190074020 10/25/2023 $350.04 UBS
2190077386 11/01/2023 $353.12 UBS
2190081013 11/08/2023 $362.83 UBS
2190084069 11/15/2023 $342.67 UBS
2190087808 11/22/2023 $341.64 UBS
Total Open
Balance:
$8,258.47
Payment terms are Net30. Please remit at the invoice
number level for timely application of your payment.
CITY OF COMPTON P-WORKS
458 S. ALAMEDA ST
COMPTON, CA 90221
Please remit to:
UniFirst Corporation
PO Box 650481
Dallas, TX 75265-0481
Consolidated Customer Statement
Statement Date:
11/27/2023 1431378
Primary
Plant/Branch:
CITY OF COMPTON PWORKS
324
Total Open Balance: $8,258.47
Customer Name:
Customer
Account Number:
Invoice Invoice Date Current Balance Billing System
Details
Convt'd from
Invoice Number
2192804566 11/02/2022 $168.15 UBS 3242804566
2190008144 06/14/2023 $261.82 UBS
2190011797 06/21/2023 $285.51 UBS
2190015852 06/28/2023 $285.73 UBS
2190018773 07/05/2023 $273.27 UBS
2190022024 07/12/2023 $309.35 UBS
2190025939 07/19/2023 $268.62 UBS
2190029458 07/26/2023 $288.76 UBS
2190033048 08/02/2023 $279.15 UBS
2190036344 08/09/2023 $450.48 UBS
2190039880 08/16/2023 $380.53 UBS
2190043522 08/23/2023 $313.28 UBS
2190046679 08/30/2023 $336.21 UBS
2190049926 09/06/2023 $427.13 UBS
2190053595 09/13/2023 $486.68 UBS
2190056936 09/20/2023 $331.83 UBS
2190059990 09/27/2023 $337.67 UBS
2190063708 10/04/2023 $331.83 UBS
2190067072 10/11/2023 $335.25 UBS
2190070226 10/18/2023 $356.92 UBS
Total Open
Balance:
$8,258.47
Payment terms are Net30. Please remit at the invoice
number level for timely application of your payment.
CITY OF COMPTON P-WORKS
458 S. ALAMEDA ST
COMPTON, CA 90221
Please remit to:
UniFirst Corporation
PO Box 650481
Dallas, TX 75265-0481
Consolidated Customer Statement
Statement Date:
11/27/2023 1431378
Primary
Plant/Branch:
CITY OF COMPTON PWORKS
324
Total Open Balance: $8,258.47
Customer Name:
Customer
Account Number:
Invoice Invoice Date Current Balance Billing System
Details
Convt'd from
Invoice Number
2190074020 10/25/2023 $350.04 UBS
2190077386 11/01/2023 $353.12 UBS
2190081013 11/08/2023 $362.83 UBS
2190084069 11/15/2023 $342.67 UBS
2190087808 11/22/2023 $341.64 UBS
Total Open
Balance:
$8,258.47
Payment terms are Net30. Please remit at the invoice
number level for timely application of your payment.
CITY OF COMPTON P-WORKS
458 S. ALAMEDA ST
COMPTON, CA 90221
Please remit to:
UniFirst Corporation
PO Box 650481
Dallas, TX 75265-0481
January 23, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: MUNICIPAL WATER DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE (3)
YEAR AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER
FOR GENERAL PUMP COMPANY FOR PROVISION OF WATER WELL
AND BOOSTER PUMP TECHNICAL AND MAINTENANCE SERVICES
($540,471.43)
SUMMARY
The City Council will consider a resolution authorizing the City Manager to enter into a three (3) year agreement with and establish a purchase order for General Pump Company for provision of water well and booster pump technical and maintenance services in an estimated amount of Five Hundred Forty Thousand, Four Hundred Seventy-One Dollars and Forty-Three Cents ($540,471.43) annually for the following three (3) Fiscal Years 2023-2024, 2024-2025 and 2025-2026.
BACKGROUND
The City’s water system currently has approximately 156 miles of main lines and contains eight (8) water wells that supply potable water to the residents of the City of Compton.
The water wells range in capacity from 500 gpm to 2,400 gpm. All of these facilities require routine maintenance, repairs and/or rehabilitation to assure an adequate potable water supply for the residents of Compton. Each well upgrade is anticipated to cost $194,450.00 per well. Staff is attempting to upgrade two (2) to three (3) wells per year utilizing ARPA funds that have a deadline of 2026.
The Municipal Water Department (Department) requires water well and booster pump maintenance, installation and repair services to keep the City’s potable water production distribution operations running efficiently. City water wells pump groundwater for treatment and require a variety of services to remove well debris and make repairs to motors, casings, and controls. Booster pumps help maintain an adequate system water pressure to move water from wells to treatment and storage sites, and then through the City’s network of water main lines and fire hydrants.
To ensure the delivery of safe and reliable potable water, the City contracts out maintenance, repair and installation services for water wells and booster pumps used in the productions, treatment and distribution of potable water to Compton residents.
4. Staff Report – General Pump Company,
Water Well and Booster Pump Repair and Maintenance Services January 23, 2024
STATEMENT OF THE ISSUE
On June 14, 2023, the Department initiated the Request for Proposal (RFP) process to solicit bids for maintenance, repair, and installation services for all eight (8) water wells and booster pump stations. General Pump submitted a proposal of $194,450.00 per well.
With ARPA funds, the Water Department intends to upgrade two (2) to three (3) wells annually, with an estimated cost of $540,471.43 per year and a cumulative amount of $1,621,414.30 over three (3) years. The RFP was posted on the City's website, and notices were advertised in The Bulletin in accordance with City specifications. The RFP closed on July 5, 2023.
The only firm that submitted a proposal is listed below:
Vendor
General Pump Company
After a thorough review of the quote submitted, staff has determined that General Pump Company is the most responsive and responsible bidder to provide maintenance, repair, and installation services for the City’s water wells and booster pump stations.
General Pump Company is a world leader in providing professional water well redevelopment and pump equipment contractor specializing in installing, repairing, and servicing commercial water pump facilities for municipalities, water districts and industrial customers throughout Southern California and the Central Coast.
The services to be rendered will be provided on a task-by-task basis and will include, but not limited to the following tasks and deliverables:
Well pump and motor maintenance, repair, rehabilitation and/or replacement. Well test pumping and video logging.
Booster pump and motor maintenance, repair, rehabilitation and/or replacement. Engineering and hydrogeology support.
Well chemical treatment.
Well and booster pump control and instrumentation and supply necessary replacement parts and field equipment including provision of rigs, cranes and service trucks as needed.
May be requested to provide control/instrumentation, electrical, wire or nylon brush.
Possession of machine and assembly shop capable of performing pump repairs and machining wear rings, line shafts, bowl assemblies and other well and pump equipment.
Staff Report – General Pump Company,
Water Well and Booster Pump Repair and Maintenance Services January 2, 2024
ALTERNATIVES
Staff does not recommend any alternatives.
FISCAL IMPACT
Funds in the amount of five hundred forty thousand four hundred seventy-one dollars and forty-three cents ($540,471.43) are presently available and will be allocated annually during the budget development process in the Machinery and Equipment object code for the following three (3) Fiscal Years: 2023-2024, 2024-2025, and 2025-2026. A purchase order is requested to be opened for General Pump Company, totaling $1,621,414.30 in ARPA funds, from the following account numbers:
Expenditure Acct. Code Account Description Amount
2810-86-000-4334 Machinery & Equipment $ 36,414.30
2810-86-001-4334 Machinery & Equipment $ 65,000
2810-86-002-4334 Machinery & Equipment $ 65,000
2810-86-003-4334 Machinery & Equipment $ 65,000
2810-86-004-4334 Machinery & Equipment $ 65,000
2810-86-005-4334 Machinery & Equipment $ 65,000
2810-86-006-4334 Machinery & Equipment $ 65,000
2810-86-007-4334 Machinery & Equipment $ 65,000
2810-86-008-4334 Machinery & Equipment $ 65,000
2810-86-009-4334 Machinery & Equipment $ 65,000
2810-88-000-4334 Machinery & Equipment $200,000
2810-88-001-4334 Machinery & Equipment $400,000
2810-88-002-4334 Machinery & Equipment $400,000
RECOMMENDATIONS
Staff recommends that the City Council adopt the attached Resolution, authorizing the City Manager to enter into an agreement with General Pump Company and issue a purchase order for water well and booster pump repair and maintenance services. The approved amount is an estimated cost of five hundred forty thousand four hundred seventy-one dollars and forty-three cents ($540,471.43) annually, with a cumulative total of $1,621,414.30 over the next three (3) Fiscal Years: 2023-2024, 2024-2025, and 2025-2026
Staff Report – General Pump Company,
Water Well and Booster Pump Repair and Maintenance Services January 23, 2024
JOSE GARFIAS
INTERIM WATER DEPARTMENT GENERAL MANAGER
APPROVED FOR FORWARDING:
WILLIE A. HOPKINS, JR.
CITY MANAGER
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE (3)
YEAR AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER
FOR GENERAL PUMP COMPANY FOR PROVISION OF WATER WELL
AND BOOSTER PUMP TECHNICAL AND MAINTENANCE SERVICES
($540,471.43)
WHEREAS, the Compton Municipal Water Department’s (“Department”) water system serves approximately 58,000 people in the City; and WHEREAS, the City of Compton's water system currently has approximately 156 miles of main lines and contains eight (8) water wells that supply potable water to the residents of Compton and require routine maintenance, repairs and/or rehabilitation to assure an adequate potable water supply for the residents of Compton with each well upgrade anticipated to cost $194,450.00 per well. Staff attempts to upgrade two (2) to three (3) wells per year utilizing American Rescue Plan Act (ARPA) funds; and WHEREAS, it is incumbent on the City to engage the services of a qualified and experienced contractor to provide annual technical and maintenance services for the City’s water wells and booster pump facilities; and
WHEREAS, on June 14, 2023, staff released a Request for Proposal (RFP) for provision of well and booster pump station facilities maintenance over a three (3) year period with an option to extend the contract for two (2) one-year periods; and WHEREAS, the City received only one response to the RFP from the following company – General Pump Company; and
WHEREAS, staff reviewed the qualifications/proposal presented and based on experience, qualifications and costs, recommends that the City contract the services of General Pump Company; and
WHEREAS, for the provision of annual technical and maintenance services for eight (8) waters wells, the costs will be Five Hundred Forty Thousand, Four Hundred Seventy-One Dollars and Forty-Three Cents ($540,471.43) annually for the following three (3) Fiscal Years 2023-2024, 2024-2025 and 2025-2026; and WHEREAS, funds in the amount of $540,471.43 are presently available in the Machinery and Equipment object code using ARPA funds and will be allocated annually for Fiscal Years 2023-2024, 2024-2025 and 2025-2026 for water well and booster pump maintenance, repair and installation services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the proposal/bid of General Pump Company is hereby accepted and all other proposals/bids are rejected.
SECTION 2. That the City Manager, on the advice and approval of the City Attorney, is hereby authorized to enter into a three (3) services year agreement with an option to extend the contract for two (2) one-year periods, for the provision of technical and maintenance services for the City’s eight (8) water wells and two (2) booster pump stations at a cost of Five Hundred Forty Thousand, Four Hundred Seventy-One Dollars and Forty-Three Cents ($540,471.43) per contract year.
SECTION 3. That funding in the amount of $540,471.43 are presently available in the Machinery and Equipment object code using ARPA funds and will be allocated annually from Account Numbers 2810-86-000-4334, 2810-86-001-4334, 2810-86-002- 4334, 2810-86-003-4334, 2810-86-004-4334, 2810-86-005-4334, 2810-86-006-4334, Resolution No. ____________
2810-86-007-4334, 2810-86-008-4334, 2810-86-009-4334, 2810-88-000-4334, 2810- 88-001-4334, and 2810-88-002-4334 during the budget development process for Fiscal Years 2023-2024, 2024-2025 and 2025-2026 for these services.
SECTION 4. That a copy of this Resolution shall be provided to the City Clerk, City Attorney, City Manager, City Controller and Municipal Water Department.
SECTION 5. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this _________ day of ________________, 2024.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor, and attested by the City Clerk at a regular meeting thereof held on the ______ day of _________________, 2024.
That said Resolution was adopted by the following vote to wit:
AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSENT: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERS- ____________________________________
CITY CLERK OF THE CITY OF COMPTON
1 City of Compton
MUNICIPAL WATER DEPARTMENT
205 South Willowbrook Avenue, Compton, California 90220 Phone (310) 605-5595
Request for Proposals
for
Water Well and Booster Pump Repair and
Maintenance Services
The City of Compton Municipal Water Department is soliciting proposals from experienced contractors for maintenance, repair and installation services for water wells and booster pump stations used in the production, treatment and distribution of potable water.
To be considered responsive to the RFP requirements, contractors must submit a proposal indicating their knowledge and experience related to the services being sought. If you have any questions, please contact Victor Meza, Water Department General Manager by phone at 310- 605-5555 or by email at [email protected]. The complete RFP can be viewed on the City’s website at https://www.comptoncity.org/departments/city-clerk/rfps-and-bids.
In order for your proposal to be considered, submit four (4) copies marked "RFP-Water Well and Booster Pump Repair and Maintenance Services” with one (1) fee proposal in a separate sealed envelope to:
City of Compton
City Clerk’s Office
Vernell McDaniel
205 S. Willowbrook Avenue
Compton, CA 90220
Submission Deadline: Wednesday, July 5, 2023 at 4:00 p.m. 2 1. INTRODUCTION
Compton Municipal Water Department (CMWD) is requesting interested well and booster pump maintenance contractors to submit qualifications for providing technical maintenance services for the Department’s well and booster pump facilities.
CMWD will establish an agreement with one vendor for a minimum period of three (3) years with options to extend the contract for two (2) additional one-year periods. It is anticipated the Department’s well and booster maintenance service needs for the next five years will be approximately $400,000 per year. This document outlines the requirements and minimum qualifications, selection process and documentation necessary to submit a statement of qualifications in response to this solicitation. CMWD requires services of a firm to provide professional engineering and construction services for water related well and booster pump infrastructure.
2. PROJECT INFORMATION
The City of Compton’s water system is approximately 7.8 square miles, composed of approximately 156 miles of water mains, approximately 3,500 gate valves, 1,700 fire hydrants and 19,001 service connections. The CMWD has eight (8) water wells, two (2) reservoir locations with corresponding booster pump stations. The wells range in capacity from 500 gpm to 2,400 gpm. Pump settings range from 200 feet to 300 feet and well depths are up to 1000 feet below ground level. CMWD has 2 inactive wells (Well #16 & Well #20) and 1 upcoming potable water well booster stations with pumps ranging in size from 40 horsepower to 50 horsepower.
The following is a list of all 10 facilities and locations:
Sibrie Park Booster Station 1300 El Segundo Blvd., Compton CA Tank-Farm 18604 S Wilmington Ave., Compton CA
Well No. 11 841 W Greenleaf Blvd., Compton CA
Well No. 13 730 E Caldwell St., Compton CA
Well No. 15 345 W Glencoe St., Compton CA
Well No. 16 525 E Weber Ave., Compton CA
Well No. 17 480 W Compton Blvd., Compton CA
Well No. 18 1824 N Santa Fe Ave., Compton CA
Well No. 19 1119 E Tucker St., Compton CA
Well No. 20 1300 El Segundo Blvd., Compton CA
The services to be rendered will be provided on a task-by-task basis. The project types include, but are not limited to, the items listed below and include oversight of all work typically required for the successful delivery of the various types of projects:
• Well pump/motor maintenance, repair, rehabilitation and/or replacement. • Well test pumping and video logging.
• Booster pump/motor maintenance, repair, rehabilitation and/or replacement. 3 • Engineering and hydrogeology support.
• Well chemical treatment.
• Well and booster pump control and instrumentation.
• Supply necessary replacement parts and field equipment including provision of rigs, cranes and service trucks as needed. Contractor may be requested to provide control/instrumentation, electrical, wire or nylon brush and video log services.
Contractor shall have a machine and assembly shop capable of performing pump repairs and machining wear rings, line shafts, bowl assemblies and other well and pump equipment.
CMWD’s water pumping facilities require regular preventative maintenance to ensure water supply reliability. This project includes possible rehabilitation of pumps, motors, and all well/booster appurtenances as needed and may include obtaining technical assistance for design/evaluation of well and booster pump performance levels.
All services performed by the contractor or any sub-contractor shall be provided in a manner consistent with the level of care and skill exercised by members of the contractor’s or the respective sub-contractor’s profession. Such services shall be performed under the direct supervision of qualified and experienced personnel. The specific types of services to be provided may include, but are not limited to, the services described herein:
Pulling, Inspection, Repair and Testing Equipment
The contractor will provide professional services and furnish all supervision, labor, equipment, and materials necessary to perform maintenance projects including servicing, testing and repair of deep well, booster, horizontal, vertical, and submersible pumps, gear drives and motors. The contractor shall provide as needed pump testing services to gather data related to pump efficiency, capacity, and water quality.
Engineering
An experienced registered Civil or Mechanical Engineer shall review all of the pump components and submit a detailed engineering report for each well, pump, or motor being serviced, tested, or repaired including all findings and recommendations for CMWD to review and approve. This report shall include digital pictures and costs associated with the repair. At CMWD’s option, a representative may meet with the contractor’s engineer to inspect the components at the contractor’s yard. For any major repairs or redesign in the pumping system, the contractor’s engineer, if requested, shall meet with CMWD staff to present findings and recommendations. 4 Hydrogeologist
At the request of CMWD, the contractor shall have a licensed Hydrogeologist available to review video logs, geological logs, or historical well data to determine repairs or well redevelopment required to bring the well back to its highest safe yield. Reports shall be submitted and signed by the Hydrogeologist. The Hydrogeologist shall be required to attend meetings with CMWD when requested.
Equipment
The Contractor shall provide the following equipment, including but not limited to:
•Vertical Turret Lathe
•Engine Lathe
•Steam Pressure Wash Station with Filtration
•Sandblasting Equipment
•Welding Station with Certified Welder
•Laser Alignment Tools
•Shaft Straightening with Indicators and Vibration Hammer •Service Truck
•Welding Truck
•Delivery Truck
•Hydraulic Crane
•Rotary Crane
•Air Compressor
•Test Pump with 300 HP Engine
•Diesel/Gas Powered Generator
Scheduling
The contractor shall provide a schedule of service, with key milestones, timeline and deliverables to be reviewed and approved by CMWD.
Safety
The contractor shall at all times provide a safe work environment, utilize best management practices, adhere to Cal-OSHA regulations and follow AWWA standards and procedures for pump operation, maintenance and repairs.
License
The contractor shall have an Engineering “A” and C-57 license. 5 Drawings
The contractor shall provide as-built drawings/schematics in CAD, PDF, and 11” x 17” prints for each site modified by maintenance services.
3. PROPOSAL INFORMATION
The purpose of this Request for Proposal (RFP) is to select a contractor for the City of Compton to provide various services as listed in the Project Information. The City intends to select one (1) Contractor to perform all the items listed in the Project Information; however, joint proposals will be considered providing a lead engineer is identified.
The City recognizes there may be questions or items requiring discussion prior to the contractor preparing its proposal. If questions arise, please contact Victor Meza, Water Department General Manager, at 310-605-5555. If it appears a formal session with candidate contractors is required, such will be scheduled. The City's objective is to ensure an appropriate exchange of information prior to proposal preparation to minimize both wasted effort by contractor during proposal preparation and unnecessary follow-up by City personnel during the evaluation process.
A Pre-Proposal Meeting and Project Site Tour has been scheduled as follows:
Date & Time: Wednesday, June 21, 2023 at 9:00 a.m.
Location: 18604 S Wilmington Avenue
Compton, CA 90220
The term of the Agreement will be three (3) years, beginning on effective date of the agreement. The following is a general consultant selection outline and anticipated schedule:
• Release Date June 14, 2023
• Proposals Due (Early submittals preferred) July 5, 2023 • Evaluation of Proposals July 10, 2023
• Tentative Recommendation to City Council and Award July 25, 2023 No amendments, additions, or alternates will be, accepted after the above submission date.
Each proposal shall be considered valid and binding for a period of 90 days after the proposal due date. All proposals and documents submitted will become the property of the City of Compton.
Anything considered to be proprietary should be so designated.
4. CONSULTANT SELECTION
Criteria for the evaluation of the proposals may include, but are not limited to the following:
• Completeness of proposal
• Qualifications and experience of the proposer related to the services described in this RFP
6 • Explicit understanding of the project and subject matter expertise • Ability and available resources to perform the requested services within the timeline identified within this proposal
• Projected Costs
The successful Vendor will be required to execute the City of Compton standard form of Professional Services Agreement (example attached as Exhibit “A”), OR a comparable agreement drafted by the selected Vendor. Proposals submitted illustrate confirmation that your firm understands and accepts all the requirements on that agreement, including but not limited to the requirements regarding insurance, indemnity, and conflict of interest.
5. RIGHT TO REJECT
The City of Compton reserves the right to reject any or all proposals, to waive any informalities in any proposal, and to select the proposal that best meet the City's needs. Proposals will be considered only in their entirety. Late or incomplete proposals will not be considered and the City reserves the right to determine the completeness of all proposals. The City reserves the right to negotiate the specific requirements and costs using the selected proposal as a basis.
6. COST OF PROPOSAL PREPARATION
The contractor is responsible for any costs incurred by the contractor or their subcontractors in responding to the request for proposal.
7. PROPOSAL SUBMITTAL
Proposals must be for the entire scope of services outlined in this RFP. Incomplete proposals will not be considered. The proposer shall submit a package clearly marked on the outside as “RFPWater Well and Booster Pump Repair and Maintenance Services” to the City Clerk’s Office.
The package shall contain the following:
• State the legal name of your firm, its address and telephone number. • Describe your firm's background and experience and the structure of your organization (i.e., individual, partnership, corporation, joint venture, etc.). • Describe the proposed Project Manager's background and experience (where applicable). • Provide general contact information including the name of the proposed Project Manager, the office from which he/she will work, address, phone, and e-mail address. • Provide a minimum of three and a maximum of five references for similar contracts performed within the past five years paying particular attention to those in Compton and its vicinity.
• Provide a list of contracts you have had with the City of Compton during the preceding five years.
7 • Describe your firm's approach to the scope of work. • Describe your firm's ability to perform the requested services, including experience and credentials of the personnel who will be assigned to the project. • Provide a quotation for the hourly rates and minimum hours for each City visit applicable to all staff proposed to work on City projects by classification (not name) including Project Manager (where applicable). Also include overtime hourly rates, mileage costs, and pricing for any additional billing requirements, if applicable. Rates shall remain firm for a • minimum of one (1) year from contract commencement date. Prices are subject to Consumer Price Index (CPI) increases after the first year during the term of the agreement.
Hourly rates quoted at the commencement of any specific project shall remain firm throughout the duration of that project unless specified otherwise.
8. SUBMITTAL INSTRUCTIONS
Submit four (4) copies marked "RFP-Water Well and Booster Pump Repair and Maintenance Services” with one (1) fee proposal in a separate sealed envelope to the address below no later than:
City of Compton
City Clerk’s Office
Vernell McDaniel
205 S. Willowbrook Avenue
Compton, CA 90220
Submission Deadline: Wednesday, July 5, 2023 at 4:00 p.m.
Early submittals are preferred. Late proposals will not be accepted.
9. STAFF CONTACT
For inquiries, please contact Victor Meza, Water Dept. General Manager at (310) 605-5555.
Attachments:
• Exhibit “A” – Professional Services Agreement
• Exhibit “B” – General Well Information
• Exhibit “C” – Booster Pump General Information
• Exhibit “D” – Well and Booster Pump Maintenance Services
SERVICES AGREEMENT
BETWEEN
CITY OF COMPTON
AND
GENERAL PUMP COMPANY
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 GENERAL PUMP COMPANY (hereinafter referred to as “CONTRACTOR”) located at 159 North Acacia Street, San Dimas, California 91773, (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 and has the background, knowledge, experience and expertise to perform the obligations set forth in this Agreement.
C. City does not have available personnel specifically trained and experienced to perform the services required and requires the services of a contractor trained, certified and experienced with the providing professional engineering and maintenance services for the City’s water-related well and booster pump infrastructure.
D. Authorization to enter into this Agreement is pursuant to Resolution No. _______, adopted by the City Council on ____________, 2024.
WHEREFORE, the City and Contractor, for the consideration, terms and conditions herein described, mutually agree as set forth below:
1.0 Services to be Performed by Contractor:
Contractor shall perform, in a professional manner, everything required to be performed, shall provide and furnish all professional, technical, clerical services, labor, materials, tools, equipment, transportation, utilities, telephone, etc., used by Contractor in connection with providing professional engineering and maintenance services for the City’s wells and booster pump infrastructure.
The City currently has seven (7) active water wells, one (1) inactive well, one (1) inactive booster pump station and one (1) new booster pump station (scheduled for completion in the 2nd quarter of 2018), more specifically:
Sibrie Park Booster Pump Station 1300 El Segundo Boulevard Tank-Farm Booster Station 18604 South Wilmington Avenue Well No. 11 841 West Greenleaf Boulevard
Well No. 13 730 East Caldwell Street
Well No. 15 345 West Glencoe Street
Services Agreement – General Pump Company
Technical/Maintenance Services – Water Wells & Booster Pump Facilities Resolution No. ______
2 Well No. 16 525 East Weber Avenue
Well No. 17 480 West Compton Boulevard
Well No. 18 1824 North Santa Fe Avenue
Well No. 19 1119 East Tucker Street
Well No. 20 1300 El Segundo Boulevard
Project types, including oversight of all work performed include, but may not be limited to:
Well pump/motor maintenance, repair, rehabilitation and/or replacement Well test pumping and video logging
Booster pump/motor maintenance, repair, rehabilitation and/or replacement Engineering and hydrogeology support
Well chemical treatment
Well and booster pump control and instrumentation
As more fully discussed and specified with the City’s “Request for Qualifications to Provide Well and Booster Pump Maintenance Services,” any “Instructions to Bidders,” any “Supplementary Instructions to Bidders,” and any addendum(s) and supplements thereto issued by the City, the “Qualifications/Proposal” and any “Bid/Unit Price Proposal” submitted by the Contractor, all of which are incorporated herein.
Contractor will be responsible for the professional quality, technical accuracy and coordination of the services. Contractor will, without additional compensation, correct or revise any errors or deficiencies in the services.
Contractor agrees to perform all the said work and furnish all the said materials at its own cost and expense, as are necessary to complete in a good worker-like and substantial manner and to the satisfaction of the City.
2.0 Term of the Contract:
The Contractor shall commence performance of the work upon Notification to Proceed from the City and continue in a diligent and professional manner to perform and execute the assigned tasks and agreed services are completed, unless this Agreement is extended or terminated as provided herein.
3.0 Compensation:
The method of payment for this Contract shall be on a equipment, labor and unit amount basis, as more specifically provided in Contractor’s Proposal “Bid Schedule for Well and Booster Pump Maintenance Services,” which is incorporated herein. The fees charged by the Contractor shall include compensation for all work and labor, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the Contractor, 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 Contractor and the City. Adjustment in the total compensation will not be effective until authorized and approved by the City.
Contractor shall be reimbursed within thirty (30) days, or as promptly as fiscal procedures may permit, upon receipt by the City of itemized invoice(s) for all services completed. Invoice(s) Services Agreement – General Pump Company
Technical/Maintenance Services – Water Wells & Booster Pump Facilities Resolution No. ______
3 shall be submitted no later than 45 calendar days after the performance of work for which the Contractor is billing. Invoice(s) shall be delivered or mailed to the General Manager, Compton Municipal Water Department at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.
The Contractor is required to comply with all federal, state and local laws and ordinances applicable to the work.
For the work agreed to be performed pursuant to this Agreement, it is understood between the Parties that the maximum compensation payable to the Contractor for all services to be performed pursuant to this Agreement over the three (3) year term of this Agreement is limited to One Million, Six Hundred Twenty-One Thousand, Four Hundred Fourteen Dollars and Thirty-Cents ($1,621,414.30).
In the event of termination, the Contractor 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 Contractor’s delivery to the City of any and all City property, documents, reports, records and materials associated with the performance of this Agreement.
4.0 Key Personnel:
4.1 Contractor’s Representative. Contractor hereby designates ___________, ______________ 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.
4.2 City’s Representative. City hereby designates the General Manager of the Compton Municipal Water Department or his/her designee as City’s Representative for this Agreement.
5.0 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 services means, methods, techniques, sequences and procedures and for coordinating all portions of the work.
6.0 Safety:
6.1 Contractor shall have overall responsibility for safety precautions and programs in the performance of the work.
6.1.2 Contractor shall seek to avoid injury, loss or damage to persons or property by taking reasonable steps to protect:
.a Employees and all other persons at any of the wells and booster pump facilities (i.e. “Site” or “Sites”) subject to this Agreement; .b Materials and equipment stored on the Site or off the Site at Services Agreement – General Pump Company
Technical/Maintenance Services – Water Wells & Booster Pump Facilities Resolution No. ______
4 locations for use in performance of the work; and
.c The property located at the Site, whether or not said property or structures are part of the services or involved in the work.
6.1.3 Contractor 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.
6.1.4 Losses 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.
6.1.5 If 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.
6.1.6 Should 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:
.a Material 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.
.b Subsurface 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.
.c Unknown 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.
6.1.7 Contractor 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.
7.0 Indemnity:
Contractor shall indemnify and save harmless the City, its officials, officers, employees, agents and volunteers (collectively hereafter the “CITY”) against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City and shall defend, indemnify and save the City from any and all liability or expense, Services Agreement – General Pump Company
Technical/Maintenance Services – Water Wells & Booster Pump Facilities Resolution No. ______
5 including defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Worker’s Compensation claims, of or by anyone whomsoever in any way resulting from or arising out of the negligent or intentional acts or omissions of the Contractor in the performance of this Contract, including operations of subcontractors and acts or omissions of employers or agents of the Contractor or its subcontractors.
This indemnification and hold harmless obligation does not extend to claims arising out of the sole negligence or willful misconduct of the City.
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.
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.
.a The policy shall contain no endorsements or provisions limiting coverage for (1) products and completed operations; (2) contractual liability; (3) third party action over claims; (4) cross liability exclusion for claims or suits by one insured against another; or (5) 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 Services Agreement – General Pump Company
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6 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.
8.3 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.
8.3.1 The policy or policies of insurance required by Section 8.2.1 (Commercial General Liability) shall be endorsed to provide the following:
.a Additional 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. .b Additional 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. .c Cancellation: 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.
8.3.2 The policy or policies of insurance required by Section 8.2.2 (Automobile Liability) shall be endorsed to provide the following:
.a Cancellation: 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.
8.3.3 The policy or policies of insurance required by Section 8.2.3 (Workers' Compensation) shall be endorsed to provide the following:
.a Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. .b Cancellation: 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.
Services Agreement – General Pump Company
Technical/Maintenance Services – Water Wells & Booster Pump Facilities Resolution No. ______
7 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.
9.0 Non-Discriminatory Employment Practices:
During the performance of this Contract, the Contractor 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. The Contractor 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. 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 setting forth provisions of this nondiscrimination clause.
Services Agreement – General Pump Company
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8 In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract, this Contract may be canceled, terminated or suspended in whole or in part.
10.0 Successors and Assigns:
City and the Contractor each binds themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Contract Documents. Neither party to the Agreement shall assign the Contract or sublet it in whole or part without the written consent of the other, nor shall the Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the City. Any attempted assignment of this Contract without the written consent of both parties is void.
11.0 Warranties:
The Contractor guarantees all equipment, materials, supplies and work furnished on the job against defective construction or workmanship for a period of one (1) year following completion of the project.
If within one (1) year after the date of completion of the Agreement, any of the work is found to be defective or not in accordance with the Contract documents, the Contractor shall correct it promptly after receipt of a written notice from the City to do so, at the Contractor’s expense. This obligation shall survive termination of the Contract. The City shall give notice promptly after discovery of the condition.
12.0 Independent Contractor Status:
Contractor, its officers, employees, subcontractors, agents and volunteers (collectively hereinafter the “Contractor”), is a wholly independent Contractor and not an officer, employee, subcontractor or agent of the City of Compton. 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 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.
13.0 Permits and Licenses:
Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate business and professional permits, licenses and certificates that may be required in connection with the performance of services by Contractor.
Prior to or at the time of execution of this Agreement, the Contractor shall purchase a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.
Services Agreement – General Pump Company
Technical/Maintenance Services – Water Wells & Booster Pump Facilities Resolution No. ______
9 14.0 Termination:
Notwithstanding any other provisions of this Agreement, this Agreement may be terminated as follows:
14.1 If the Contractor becomes insolvent; that is, it has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether or not it has committed an act of bankruptcy, and whether or not insolvent within the meaning of the federal Bankruptcy law, then, the City may, without prejudice to any other right or remedy and after giving the Contractor five (5) days written notice, terminate this Agreement.
14.2 If the Contractor persistently or repeatedly refuses or fails, except in cases for which extensions of time are provided, to supply enough properly skilled workers, property or material, or if he fails to make prompt payment to subcontractors or for materials or labor, or he persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, then, the City may, without prejudice to any other right or remedy and after giving the Contractor five (5) days written notice, terminate this Agreement.
14.3 If the Contractor fails to perform or breaches any material obligation under this Agreement, then, the City may, without prejudice to any other right or remedy and after giving the Contractor five (5) days written notice, terminate this Agreement.
If the City gives notice of termination, Contractor shall cease immediately all work in progress unless otherwise directed in writing by the City. Upon termination Contractor shall furnish to the City a final invoice for work performed.
15.0 Ownership of Documents/Equipment:
All electronic and hardcopy data, reports, documents, records, plans, discs, diskettes or other material (“Documents”) prepared, developed or discovered by or provided to Contractor during the course of providing services pursuant to this Agreement shall be the property of the City, whether or not the services are completed.
16.0 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 Contractor or any of Contractor’s subcontractors), 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 Contract upon any event that renders performance impossible. In such case, City shall be responsible for payment of all expenses incurred to the point at which this Contract is terminated.
17.0 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 Services Agreement – General Pump Company
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10 any other term, covenant or condition contained herein, whether of the same or a different character.
18.0 Amendments:
This Agreement may be modified or amended only by written document executed by both Contractor 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.
19.0 Notice:
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 third business 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 Contractor: General Pump Company
159 North Acacia Street
San Dimas, California 91773
Attn: Michael Bodart, President
(909) 599-9606
(909) 599-6238 – fax.
To City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: General Manager, Compton
Municipal Water Department
(310) 605-5524
(310) 763-4567 – fax.
With 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.
20.0 Contractors’ Books and Records:
Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to work, services, expenditures and disbursements charges to the City for the period and to the extent required by laws relating to audits of public agencies and their expenditures.
Services Agreement – General Pump Company
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11 Contractor shall maintain all documents and records which demonstrate performance under this Agreement for the period and to the extent required by laws relating to audits of public agencies and their expenditures.
Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City or a designated representative. Copies of such documents shall be provided to the City, at its expenses, for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices in this Agreement.
21.0 Examination and Audit:
This Contract shall be subject to examination and audit of the City, State Auditor of the State of California and/or any duly authorized representative of the federal government, at the request of the City, or as part of any audit of the City, for a period of three (3) years, or longer if required by law, after final payment under this Agreement.
22.0 Covenants Against Contingent Fees:
Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor 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.
23.0 Waivers:
The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.
24.0 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.
25.0 Governing Law and Severability:
Services Agreement – General Pump Company
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12 This Agreement shall be governed by and construed under 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.
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.
26.0 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. Contractor shall be responsible for paying all federal and state income withholding taxes for all earning under this Agreement.
27.0 Miscellaneous:
Contractor and City acknowledge that the terms of this Agreement have 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.
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, Contractor has executed this Agreement, and the City, by its City Manager, who is authorized to do so, has executed this Agreement.
GENERAL PUMP COMPANY/CONTRACTOR
Dated: _______________ By ____________________________________ ________________, President/Director of
Engineering
CITY OF COMPTON
Recommended for Approval by:
Services Agreement – General Pump Company
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13 By ____________________________________ Dated: _____________________ Jose Garfias, (Interim) General Manager
Compton Municipal Water Department
Approved by:
Dated: ________________ By ____________________________________ Wille A. Hopkins, Jr., City Manager
Approved as to form:
By _________________________________ Dated: ___________________ Eric J. Perrodin, City Attorney
ATTEST:
Dated: _________________ By _____________________________________ Vernell McDaniel, City Clerk