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Agenda packet

Compton City Council
October 22, 2024

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Agenda packet
Meeting
October 22, 2024
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Compton City Council
Pages
7
Original file
16.9 MB
Text extracted from the city's file for reading and search. Open the original on onbase.comptoncity.org. That file is the official record.

October 22, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO A

PROFESSIONAL SERVICE AGREEMENT WITH AND ESTABLISH A
PURCHASE ORDER FOR END-POINT WIRELESS INC. TO PROVIDE A

POLE-MOUNTED ELECTRONIC SECURITY CAMERA SYSTEM IN THE

AMOUNT OF ONE HUNDRED FIFTY-NINE THOUSAND EIGHTY-FOUR
DOLLARS AND TWENTY-SEVEN CENTS ($159,084.27)

SUMMARY
Adoption of this Resolution will authorize the City Manager to enter into a 60-month (November 2024 through November 2029) Professional Services Agreement with End-Point Wireless, Inc. Technologies to provide installation, programming and management of twenty-six (26) pole-mounted electronic security system cameras at major intersections and high profile dumping sites and establish a purchase order in the amount of One Hundred Fifty-Nine Thousand Eighty-Four Dollars and Twenty- Seven Cents ($159,084.27).

BACKGROUND
The City of Compton (City) has been plagued in recent months by vandalism, homelessness, street-takeovers illegal dumping and other crimes citywide. In January 2024, the Community Improvement Department did research and made an informal procurement to select a mobile security camera company to provide supplemental professional security services to maximize safety within our City. Of five (5) vendors contacted, the City received three (3) responses from potential vendors; however, the staff deemed that End-Point Wireless, Inc. (END-POINT WIRELESS, INC.) submitted the most responsible estimate.

END-POINT WIRELESS, INC. will provide a total of twenty-six (26) professional pole- mounted electronic security system cameras. Two (2) cameras each will be installed at five (5) sites identified by staff as those heavily plagued by illegal dumping. A total of four (4) cameras will be mounted at each of the following major intersections within the City:

1. Alondra Blvd and Atlantic Blvd

2. Alondra Blvd and Central Blvd

10.10.10.10.10.10.10.10.10.10.10.10.10. October 22, 2024 Staff Report –End-Point Wireless Inc.-Pole-Mounted Electronic Security System

Page 2 ends

3. Rosecrans Avenue and Central Avenue

4. Wilmington Avenue and Stockwell Street
END-POINT WIRELESS, INC. is the premier provider of electronic security system technology. The pole-mounted electronic security cameras come equipped with advanced features designed to maximize public safety and deter criminal activity. These devices include high-definition video recording with night vision capabilities, ensuring clear footage 24/7. They are equipped with motion sensors that trigger real-time alerts, enabling city staff and the Sheriff’s Department to monitor suspicious activities as they happen at any time, from any web-enabled device. The cameras utilize artificial intelligence (AI) for smart detection, allowing them to differentiate between human activity, vehicles, and animals, reducing false alarms.

Each camera is also equipped with license plate recognition (LPR) technology, which helps law enforcement track and identify vehicles involved in illegal activities. The cloud- based storage system ensures that footage is securely stored and easily accessible, while built-in redundancy features safeguard data from loss in case of power outages or hardware malfunctions.

These cameras are also solar-powered, making them energy-efficient and reducing their environmental impact, while maintaining operational independence from the power grid. With their rugged design and ability to withstand harsh weather conditions, the security cameras are built for long-term use, ensuring continuous coverage across critical areas in the City.

STATEMENT OF ISSUE
The Community Improvement Services Department obtained three (3) price estimates for the installation, programming and lease of twenty-six (26) electronic security system cameras:

VENDOR AMOUNT
Portola Systems Inc. $199,537.21
End-Point Wireless, Inc. $159,084.27
Monarch $170,249.95
In order to provide the necessary services, City Council authorization is needed for the City Manager to enter into a professional service agreement and establish a purchase order with End-Point Wireless, Inc. in an amount not to exceed One Hundred Fifty-Nine Thousand Eighty-Four Dollars and Twenty-Seven Cents ($159,084.27).

October 22, 2024
Staff Report –End-Point Wireless Inc.-Pole-Mounted Electronic Security System

Page 3 ends

FISCAL IMPACT
Funds in the amount of One Hundred Fifty Thousand Dollars ($150,000.00) are available in the Machinery and Equipment Fund for Fiscal Year 2024-2025 Budget in Account No. 2822-540-000-4334 (CDBG-CV) and funds in the amount of Nine Thousand Eighty-Four Dollars and Twenty-Seven Cents ($9,084.27) are available in Account No. 1004-610-000-4266 (Contract Services).

A purchase order is being requested in the amount of One Hundred Fifty-Nine Thousand Eighty-Four Dollars and Twenty-Seven Cents ($159,084.27). One Hundred Fifty Thousand Dollars ($150,000.00) will be expended from Account No. 2822-540- 000-4334 and Nine Thousand Eighty-Four Dollars and Twenty-Seven Cents ($9,084.27) will be expended from Account Number 1004-610-000-4266.

RECOMMENDATION
Staff recommends that Council approve the attached Resolution.

ANTHONY WARD

DIRECTOR OF COMMUNITY IMPROVEMENT SERVICES
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 PROFESSIONAL

SERVICE AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER
FOR END-POINT WIRELESS INC. TO PROVIDE A POLE-MOUNTED

ELECTRONIC SECURITY CAMERA SYSTEM IN THE AMOUNT OF ONE

HUNDRED FIFTY-NINE THOUSAND EIGHTY-FOUR DOLLARS AND
TWENTY-SEVEN CENTS ($159,084.27)
WHEREAS, adoption of this Resolution will authorize the City Manager to enter into a 60-month (November 2024 through November 2029) Professional Services Agreement with End-Point Wireless, Inc. to provide installation, programming and management of twenty-six (26) pole-mounted electronic security system cameras at major intersections and high profile dumping sites and establish a purchase order in the amount of One Hundred Fifty-Nine Thousand Eighty-Four Dollars and Twenty-Seven Cents ($159,084.27); and
WHEREAS, the City of Compton (City) has been plagued in recent years with vandalism, homelessness, street takeovers, illegal dumping and crimes occurring Citywide; and
WHEREAS, in January 2024, the Community Improvement Department did some research and informal procurement to select a pole-mounted security system camera company to provide supplemental professional security services to maximize safety within our city; and
WHEREAS, the City contacted five (5) vendors and only received three (3) responses from potential vendors; however, the staff deemed that End-Point Wireless, Inc. (END-POINT WIRELESS, INC.) submitted the most responsible estimate; and WHEREAS, that End-Point Wireless, INC is the premier provider of electronic security system technology. The pole-mounted electronic security cameras come equipped with advanced features designed to maximize public safety and deter criminal activity and increase safety throughout the City and use cloud-based software to show what is happening in the City at any time, from any web-enabled device; and WHEREAS, the Community Improvement Services Department obtained three (3) price estimates for the lease of twenty-six (26) electronic security system cameras; and

VENDOR AMOUNT
Portola Systems Inc. $199,537.21
End-Point Wireless, Inc. $159,084.27
Monarch $170,249.95
WHEREAS, in order to provide the necessary services, City Council authorization is needed for the City Manager to enter into a professional service agreement and establish a purchase order with End-Point Wireless, Inc. in an amount not to exceed One Hundred Fifty-Nine Thousand Eighty-Four Dollars and Twenty-Seven Cents ($159,084.27).

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

Section 1.That the City Manager, on the advice and approval of the City Attorney is hereby authorized to enter into a service agreement and establish a purchase order with End-Point Wireless, Inc.

Resolution No. __________

Page 2 ends

Section 2.That Funds in the amount of One Hundred Fifty Thousand Dollars ($150,000.00) are available in the Machinery and Equipment Fund for Fiscal Year 2024- 2025 Budget in Account No. 2822-540-000-4334 (CDBG-CV) and funds in the amount of Nine Thousand Eighty-Four Dollars and Twenty-Seven Cents ($9,084.27) are available in Account No. 1004-610-000-4266 (Contract Services).

Section 3.A purchase order is being requested in the amount of One Hundred Fifty-Nine Thousand Eighty-Four Dollars and Twenty-Seven Cents ($159,084.27). One Hundred Fifty Thousand Dollars ($150,000.00) will be expended from Account No. 2822- 540-000-4334 and Nine Thousand Eighty-Four Dollars and Twenty-Seven Cents ($9,084.27) will be expended from Account Number 1004-670-000-4266.

Section 4.That a copy of this Resolution shall be filed in the office of the City Manager, City Controller, City Clerk, City Attorney, Community Improvement and Grants Division.

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 to by the City Clerk at a regular meeting thereof held on the _________ day of _______________, 2024.

Resolution No. __________

Page 3 ends

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

AYES: COUNCIL MEMBER(S)
NOES: COUNCIL MEMBER(S)
ABSTAIN: COUNCIL MEMBER(S)
ABSENT: COUNCIL MEMBER(S)
____________________________________

CITY CLERK OF THE CITY OF COMPTON
Prepared for:

Anthony Ward
City of Compton
Created by:

Elias Bettencourt
End-Point Wireless Inc

CSLB #1107264
End-Point Wireless
30141 Antelope Road
Menifee, California 92584
(800) 276-0415

STANDARD COMMERCIAL SECURITY AGREEMENT
Date: 2024-09/12/24
SUBSCRIBER: City of Compton
AUTHORIZED CONTACT: Anthony Ward
EMAIL: [email protected]

1. END-POINT WIRELESS (hereinafter referred to as “End-Point Wireless”) agrees to sell, install and program, at Subscriber's premises, and Subscriber agrees to buy, an electronic security system consisting of the equipment and services described in the attached Schedule of Equipment and Services.

2. All recurring charges are detailed in the quote section of this document and are to be billed monthly. Subscriber agrees to pay End-Point Wireless via automatic scheduled payments the following sum listed per month for the term of this agreement: $0.00 All recurring charges are detailed in the quote section of this document and every 5 years.

Subscriber agrees to pay END-POINT WIRELESS the following sum listed per year for the term of this agreement for Verkada Software: $37,806.20
All recurring charges are detailed in the quote section of this document and every 10 years.

Subscriber agrees to pay END-POINT WIRELESS the following sum listed per year for the term of this agreement for Gridless Software: $7,196.00

3. TERM OF AGREEMENT: The term of this agreement shall be for a period of 60 month(s) and shall automatically renew month to month thereafter under the same terms and conditions, unless either party gives written notice to the other by certified mail, return receipt requested, of their intention not to renew the agreement at least 30 days prior to the expiration of any term. END-POINT WIRELESS may invoice Subscriber in advance monthly, quarterly, or annually at END-POINT’s option.

4. CENTRAL OFFICE MONITORING SERVICES: Upon receipt of a signal from Subscriber’s alarm system, END-POINT WIRELESS or its designee central office shall make every reasonable effort to notify Subscriber and the appropriate municipal police or fire department depending upon the type of signal received. Not all signals will require notification to the authorities and subscribers may obtain a written response policy from END-POINT WIRELESS. No response shall be required for supervisory, loss of communication pathway, trouble or low battery signals. Subscriber acknowledges that signals transmitted from Subscriber's premises directly to municipal police or fire departments are not monitored by personnel of END-POINT WIRELESS or END-POINT WIRELESS's designee central office and END-POINT WIRELESS does not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. Subscriber acknowledges that signals which are transmitted over telephone lines, wire, air waves, internet, VOIP, radio or cellular, or other modes of communication pass through communication networks wholly beyond the control of END- POINT WIRELESS and are not maintained by END-POINT WIRELESS except END-POINT WIRELESS may own the radio network, and END-POINT WIRELESS shall not be responsible for any failure which prevents transmission signals from reaching the central office monitoring center or damages arising therefrom, or for data corruption, theft or viruses to Subscriber’s computers if connected to the alarm communication equipment. Subscriber agrees to furnish END-POINT WIRELESS with a written Call List of names and telephone numbers of those persons Subscriber wishes to receive notification of alarm signals. Unless otherwise provided in the Call List END-POINT WIRELESS will make a reasonable effort to contact the first person reached or notified on the list either via telephone call, text or email message. No more than one call to the list shall be required and any form of notification provided for herein, including leaving a message on an answering machine, shall be deemed reasonable compliance with END-POINT’s notification obligation. All changes and revisions shall be supplied to END-POINT WIRELESS in writing. Subscriber authorizes END-POINT WIRELESS to access the control panel to input or delete data and programming. If the equipment contains video or listening devices permitting central office to monitor video or sound then upon receipt of an alarm signal central office shall monitor video or sound for so long as central office in its sole discretion deems appropriate to confirm an alarm condition. If Subscriber requests END- POINT WIRELESS to remotely activate or deactivate the system, change combinations, openings or closings, or re-program system functions, Subscriber shall pay END-POINT WIRELESS $125.00 for each such service. END-POINT WIRELESS may, without prior notice, suspend or terminate its services, in central office’s sole discretion, in event of Subscriber’s default in performance of this agreement or in event central office facility or communication network is nonoperational or Subscriber’s alarm system is sending excessive false alarms. Central office is authorized to record and maintain audio and video transmissions, data and communications, and shall be the exclusive owner of such property. All Subscriber information and data shall be maintained confidentially by END-POINT WIRELESS.

5. SERVICE: Service includes all parts and labor, and END-POINT WIRELESS shall service upon Subscriber's request the security system installed in Subscriber's premises between the hours of 9 a.m. and 5 p.m. Monday through Friday, within reasonable time after receiving notice from Subscriber that service is required, exclusive of Saturdays, Sundays and legal holidays. All repairs, replacement or alteration to the security system made by reason of alteration to Subscriber’s premises, or caused by unauthorized intrusion, lightning or electrical surge, or caused by any means other than normal usage, wear and tear, shall be made at the cost of the Subscriber. Batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices no longer supported by communication pathways, obsolete components and components exceeding manufacturer's useful life are not included in service and will be repaired or replaced at Subscriber's expense payable at time of service. No apparatus or device shall be attached to or connected with the security system as originally installed without End-Point's written consent.

6. SUBSCRIBER REMOTE ACCESS: If Remote Access is included in the Schedule of Equipment and Services to be installed and services provided by END-POINT WIRELESS, the equipment will transmit data via Subscriber's high speed Internet, cellular or radio communication service from remote pendant supplied by END-POINT WIRELESS or Subscriber's Internet or wireless connection device which is compatible with END-POINT's remote services. END-POINT WIRELESS will grant access to a server permitting Subscriber to monitor the security system, access the system to arm, disarm and bypass zones on the system, view the remote video camera(s) and control other remote automation devices that may be installed. The remote services server is provided either by END- POINT WIRELESS or a third party. END-POINT WIRELESS shall install the camera(s) in a permissible legal location in Subscriber's premises to permit Subscriber viewing. END-POINT WIRELESS shall have no responsibility for failure of data transmission, corruption or unauthorized access and shall not monitor or view the camera data. Electronic data may not be encrypted and wireless components of the alarm system may not meet Advanced Encryption Standard specifications for encryption of electronic data established by the US National Institute of Standards and Technology and END-POINT WIRELESS shall have no liability for access to the alarm system by others.

7. WIRELESS AND INTERNET ACCESS CAPABILITIES: Subscriber is responsible for supplying high speed Internet access and or wireless services at Subscriber's premises. END-POINT WIRELESS does not provide Internet service, maintain Internet connection, wireless access or communication pathways, computer, smart phone, electric current connection or supply, or in all cases the remote video server. In consideration of Subscriber making its monthly payments for remote access to the system END-POINT WIRELESS will authorize Subscriber access. END-POINT WIRELESS is not responsible for Subscriber's access to the Internet or any interruption of service or down time of remote access caused by loss of Internet service, radio or cellular or any other mode of communication used by Subscriber to access the system. Subscriber acknowledges that Subscriber's security system can be compromised if the codes or devices used for access are lost or accessed by others and END-POINT WIRELESS.

8. ACCESS CONTROL SYSTEM OPERATION AND LIMITATIONS: If selected as a service to be provided and included in the Schedule of Equipment and Services, Access Control equipment shall be connected to a computer supplied by the Subscriber and connected to Subscriber’s computer network. If data storage or backup is selected, service END-POINT WIRELESS or its designee shall store and /or backup data received from Subscriber’s system for a period of one year. END-POINT WIRELESS shall have no liability for data corruption or inability to retrieve data even if caused by END-POINT WIRELESS's negligence. Subscriber’s data shall be maintained confidential and shall be retrieved and released only to Subscriber or upon Subscriber's authorization or by legal process.

Internet access is not provided by END-POINT WIRELESS and END-POINT WIRELESS has no responsibility for such access or IP address service. END-POINT WIRELESS shall have no liability for unauthorized access to the system through the Internet or other communication networks or data corruption or loss for any reason whatsoever.

9. (a) ACCESS CONTROL ADMINISTRATION: If selected as a service to be provided END-POINT WIRELESS will maintain the data base for the operation of the Access Control System. Subscriber will advise END-POINT WIRELESS of all changes in personnel and or changes access levels of authorization and restrictions, providing Access card serial numbers or biometric data and such information that Subscriber deems necessary to identify personnel. All communication by & subscriber to END-POINT WIRELESS regarding personnel access must be in writing via email or fax to addresses designated by END-POINT WIRELESS shall have remote internet access to the Subscriber's designated access control computer to program and make database updates to the system. Subscriber is responsible for maintaining its computer and computer network and Internet access
(b) VIDEO SYSTEM OPERATION AND LIMITATIONS: If selected as a service to be provided and included in the Schedule of Equipment and Services. Video equipment is attached to a digital recorder computer and Subscriber shall not use the computer for any other purpose. Subscriber shall be permitted to access and make changes to the system’s operation on site and over the internet. If data storage is a selected service, END-POINT WIRELESS shall store data received from Subscriber's system for one year. END-POINT WIRELESS shall have no liability for data corruption or inability to retrieve data even if caused by END-POINT WIRELESS’s negligence Subscriber’s data shall be maintained confidential and shall be retrieved and released only to Subscriber or upon Subscriber’s authorization or by legal process. Telephone or internet access is not provided by END- POINT WIRELESS and END-POINT WIRELESS has no responsibility for such access or IP address service If system has remote access END-POINT WIRELESS is not responsible for the security or privacy of any wireless network system or router, and it is the Subscriber’s responsibility to secure access to the system with pass codes and lockouts. END-POINT WIRELESS shall have no liability for unauthorized access to the system through the internet or other communication networks or data corruption or loss for any reason whatsoever.

10. STREAMING VIDEO DATA / CCTV / EXCESSIVE DATA USAGE: If selected as a service to be provided and included in the Schedule of Equipment, upon receipt of a video signal the video system is designed to activate in the central station and record video data reception, upon which, END- POINT WIRELESS or its designee central office, shall make every reasonable effort to notify Subscriber by email, text, or voice message and the appropriate municipal police or fire department.

Subscriber acknowledges that signals transmitted from Subscriber's premises directly to municipal police or fire departments or Subscriber's internal security stations are not monitored by personnel of END-POINT WIRELESS or END-POINT WIRELESS designee central office and END-POINT WIRELESS does not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. Subscriber acknowledges that signals which are transmitted through the internet, over telephone lines, wire, air waves, cellular, radio, internet, VOIP, or other modes of communication pass through communication networks wholly beyond the co END-POINT WIRELESS may own the radio network, and END-POINT WIRELESS shall not be responsible for any failure which prevents transmission signals from reaching the central office monitoring center or damages arising therefrom, or for data corruption, theft or viruses to Subscriber’s computers if connected to the alarm communication equipment. Subscriber agrees to furnish END-POINT WIRELESS with a written list of names and telephone numbers of those persons Subscriber wishes to receive notification of signals. All changes and revisions shall be supplied to END-POINT WIRELESS in writing. Subscriber authorizes END-POINT WIRELESS to access the supervisory panel to input or delete data and programming. If Subscriber requests END-POINT WIRELESS to remotely activate or deactivate the system, change combinations, openings or closings, or re- program system functions, Subscriber shall pay END-POINT WIRELESS $75.00 for each such service. END-POINT WIRELESS may, without prior notice, suspend or terminate its services, in central station’s sole discretion, in event of Subscriber’s default in performance of this agreement or in event central station facility or communication network is nonoperational or Subscriber’s alarm system is sending excessive false alarms. Central station is authorized to record and maintain audio and video transmissions, data and communications, and shall be the exclusive owner of such property. END-POINT WIRELESS shall have no liability for excessive data usage expense incurred by Subscriber attributable to the equipment or services provided herein. All Subscriber information and data shall be maintained confidentially by END-POINT WIRELESS.

11. GUARD RESPONSE: If guard response is specified as a service to be provided, upon receipt of an alarm signal, END-POINT WIRELESS or its subcontractor shall as soon as may be practical send one or more of its guards to the Subscriber's premises. Unless guard determines that the alarm is a false alarm and that no situation requiring police or fire department services exist, the guard shall notify the central station or police or fire department directly that an emergency situation exists and wait up to 15 minutes for the municipal police or fire department personnel or Subscriber to arrive at the premises and if permitted by the police shall assist in making a search of the premises to determine the cause of the alarm condition. If provided with keys to the premises the guard shall endeavor to secure the premises and repair the security equipment. However, Subscriber acknowledges that the guard is not required to enter the premises or to render any service to the security equipment and shall not be required to remain stationed at Subscriber's premises for more than 15 minutes after initial arrival. Subscriber authorizes the guard to take such action the guard deems necessary to secure the premises and reset the alarm, though Subscriber acknowledges that the guard may not be able to or may not have sufficient time to secure the premises or reset the alarm and put same in working order. If Subscriber requests END-POINT WIRELESS to station its guard at the premises for more than 30 minutes, and END-POINT WIRELESS has sufficient personnel to provide such service, and END-POINT WIRELESS makes no such representation that its personnel will be available, then Subscriber agrees to pay END-POINT WIRELESS $65.00 per half hour plus tax for such service. Subscriber agrees to confirm the request to END-POINT WIRELESS to provide extended guard service by email, text or recorded conversation to END- POINT WIRELESS at the time request is made and END-POINT WIRELESS is authorized to ignore any request not confirmed within 15 minutes.

12. LIMITED WARRANTY ON SALE: In the event that any part of the security system becomes defective, or in the event that any repairs are required, END-POINT WIRELESS agrees to make all repairs and replacement of parts without costs to the Subscriber for a period of ninety (90) days from the date of installation. END-POINT WIRELESS reserves the option to either replace or repair the alarm equipment, and reserves the right to substitute materials of equal quality at time of replacement, or to use reconditioned parts in fulfillment of this warranty. This warranty does not include batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices that are no longer supported by communication pathways, obsolete components and components exceeding manufacturer’s useful life. END-POINT WIRELESS is not the manufacturer of the equipment and other than END-POINT WIRELESS’s limited warranty Subscriber agrees to look exclusively to the manufacturer of the equipment for repairs under its warranty coverage if any.

Except as set forth in this agreement, END-POINT WIRELESS makes no express warranties as to any matter whatsoever, including, without limitation, the condition of the equipment, its merchantability, or its fitness for any particular purpose. END-POINT WIRELESS does not represent nor warrant that the security system may not be compromised or circumvented, or that the system will prevent any loss by burglary, hold-up, or otherwise; or that the system will in all cases provide the protection for which it is installed. END-POINT WIRELESS expressly disclaims any implied warranties, including implied warranties of merchantability or fitness for a particular purpose. The warranty does not cover any damage to material or equipment caused by accident, misuse, attempted or unauthorized repair service, modification, or improper installation by anyone other than END-POINT WIRELESS shall not be liable for consequential damages. Subscriber acknowledges that any affirmation of fact or promise made by END-POINT WIRELESS shall not be deemed to create an express warranty unless included in this agreement in writing; that Subscriber is not relying on END-POINT WIRELESS's skill or judgment in selecting or furnishing a system suitable for any particular purpose and that there are no warranties which extend beyond those on the face of this agreement, and that END-POINT WIRELESS has offered additional and more sophisticated equipment for an additional charge which Subscriber has declined. Subscriber's exclusive remedy for END-POINT WIRELESS's breach of this agreement or negligence to any degree under this agreement is to require END-POINT WIRELESS to repair or replace, at END-POINT WIRELESS’s option, any equipment which is non-operational. This Limited Warranty is independent of and in addition to service contracted under paragraph 2 of this agreement. This Limited Warranty gives you specific legal rights and you may also have other rights which vary from state to state. If required by law, END-POINT WIRELESS will procure all permits required by local law and will provide certificate of workman’s compensation prior to starting work.

13. GENERAL PROVISIONS DELAY IN DELIVERY / INSTALLATION / RISK OF LOSS OF MATERIAL: END-POINT WIRELESS shall not be liable for any damage or loss sustained by Subscriber as a result of delay in delivery and/or installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God, or other causes, including END-POINT WIRELESS's negligence or failure to perform any obligation. The estimated date work is to be substantially completed is not a definite completion date and time is not of the essence. In the event the work is delayed through no fault of END-POINT WIRELESS, END-POINT WIRELESS shall have such additional time for performance as may be reasonably necessary under the circumstances.

Subscriber agrees to pay END-POINT WIRELESS the sum of $1.000 per day for each business day the work is re-scheduled or delayed by Subscriber or others engaged by Subscriber through no fault of END-POINT WIRELESS on less than 24 hour notice to END-POINT WIRELESS If installation is delayed for more than one year from date hereof by Subscriber or other contractors engaged by Subscriber and through no fault of END-POINT WIRELESS, Subscriber agrees to pay an additional 5% of the contract Purchase Price upon installation. Subscriber assumes all risk of loss of material once delivered to the job site

14. TESTING OF SECURITY SYSTEM: Security System, once installed, is in the exclusive possession and control of the Subscriber, and it is Subscriber's sole responsibility to test the operation of the Security System and to notify END-POINT WIRELESS if it is in need of repair.

Service if provided is pursuant to paragraph 2.

15. CARE AND SERVICE OF SECURITY SYSTEM: Subscriber agrees not to tamper with, remove or otherwise interfere with the Security System which shall remain in the same location as installed.

All repairs, replacement or alteration to the security system made by reason of alteration to Subscriber's premises, or caused by unauthorized intrusion, lightning or electrical surge, or caused by any means other than normal usage, wear and tear, shall be made at the cost of the Subscriber.

Batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices that are no longer supported by communication pathways, obsolete components and components exceeding manufacturer's useful life, are not included in warranty or service under paragraph 2 and will be repaired or replaced at Subscriber’s expense. No apparatus or device shall be attached to or connect with the security system as originally installed without END-POINT WIRELESS's written consent.

16. ALTERATION OF PREMISES FOR INSTALLATION: END-POINT WIRELESS is authorized to make preparations such as drilling holes, driving nails, making attachments or doing any other thing necessary in END-POINT WIRELESS's sole discretion for the installation and service of the security system, and END-POINT WIRELESS shall not be responsible for any condition created thereby as a result of such installation, service, or removal of the security system, and Subscriber represents that the owner of

17. EXCULPATORY CLAUSE: END-POINT WIRELESS and Subscriber agree that END-POINT WIRELESS is not an insurer and no insurance coverage is offered herein. The security equipment and END-POINT WIRELESS’s services are designed to reduce certain risks of loss, though END- POINT WIRELESS does not guarantee that no loss will occur. END-POINT WIRELESS is not assuming liability, and, therefore, shall not be liable to Subscriber for any loss, data corruption or inability to retrieve data, personal injury or property damage sustained by Subscriber as a result of intrusion, burglary, theft, hold-up, fire, equipment failure, smoke, or any other cause whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by END-POINT WIRELESS's negligent performance to any degree in furtherance of this agreement, any extra contractual or legal duty, strict products liability, or negligent failure to perform any" obligation pursuant to this agreement or any other legal duty. In the event of any loss or injury to any person or property. Subscriber agrees to look exclusively to Subscriber’s insurer to recover damages.

Subscriber releases END-POINT WIRELESS from any claims for contribution, indemnity or subrogation.

18. INSURANCE: The Subscriber shall maintain a policy of public liability, property damage, burglary and theft insurance under which END-POINT WIRELESS is named as additional insured END- POINT WIRELESS shall not be responsible for any portion of any loss or damage which is recovered or recoverable by the Subscriber from insurance covering such loss or damage or for such loss or damage against which the Subscriber is indemnified or insured. In the event of any loss or injury to any person or property, Subscriber agrees to look exclusively to Subscriber’s insurer to recover damages. Subscriber shall obtain insurance to cover any loss the security services are intended to detect to one hundred percent of the insurable value, and Subscriber and all those claiming rights under Subscriber waive al rights against END-POINT WIRELESS and its subcontractors for loss or damages caused by burglary, theft, water, smoke, fire or other perils intended to be detected by the security services or covered by insurance to be obtained by Subscriber, except such rights as they may have to the proceeds of insurance.

19. LIMITATION OF LIABILITY: Subscriber agrees that should there arise any liability on the part of END-POINT WIRELESS as a result of END-POINT WIRELESS's negligent performance to any degree or negligent failure to perform any of END-POINT WIRELESS’s obligations pursuant to this agreement or any other legal duty, equipment failure, or strict products liability, that END-POINT WIRELESS’s liability shall be limited to the sum of $250 00 or 5% of the sales price or 6 times the aggregate of monthly payments for services being provided at time of loss, whichever is greater. If Subscriber wishes to increase END-POINT WIRELESS's amount of limitation of liability, Subscriber may, as a matter of right, at any time, by entering into a supplemental agreement, obtain a higher limit by paying an annual payment consonant with END-POINT WIRELESS's increased liability. This shall not be construed as insurance coverage.

20. LEGAL ACTION: The parties agree that due to the nature of the services to be provided by END- POINT WIRELESS, the monthly or other periodic payments to be made by the Subscriber for the term of this agreement form an integral part of END-POINT WIRELESS's anticipated profits; that in the event of Subscriber's default it would be difficult if not impossible to fix END-POINT WIRELESS's actual damages. Therefore, in the event Subscriber defaults in the payment or any charges to be paid to END-POINT WIRELESS, the balance of al payments for the entire term herein shall immediately become due and payable, and Subscriber shall be liable for 80% thereof as liquidated damages and END-POINT WIRELESS shall be permitted to terminate al its services, including but not limited to terminating monitoring service, under this agreement and to remotely re-program or delete any programming without relieving Subscriber of any obligation herein.

If END-POINT WIRELESS prevails in any litigation or arbitration between the parties. Subscriber shall pay END-POINT WIRELESS’s legal fees. In any action commenced by END-POINT WIRELESS against Subscriber, Subscriber shall not be permitted to interpose any counterclaim. The parties agree that they may bring claims against the other only in their individual capacity and not as a class action plaintiff or class action member in any purported class or representative proceeding.

Subject to Subscriber’s right to bring any claim against END-POINT WIRELESS for up to $1,000 in small claims court having jurisdiction, any dispute between the parties or arising out of this agreement, including issues of arbitrability, shall, at the option of any party, be determined by arbitration before a single arbitrator administered by Arbitration Services Inc., under its Arbitration Rules www.ArbitrationServicesInc.com, except that no punitive damages may be awarded. Service of process or papers in any legal proceeding or arbitration between the parties may be made by First- Class Mail delivered by the U.S. Postal Service addressed to the party's address in this agreement or another address provided by the party in writing to the party making service. Subscriber submits to the jurisdiction and laws of California and agrees that any litigation or arbitration between the parties must be commenced and maintained in the county where END-POINT WIRELESS’s principal place of business is located. The parties waive trial by jury in any action between them unless prohibited by law. Any action by Subscriber against END-POINT WIRELESS must be commenced within one year of the accrual of the cause of action or shall be barred. All actions or proceedings against END- POINT WIRELESS must be based on the provisions of this agreement. Any other action that Subscriber may have or bring against END-POINT WIRELESS in respect to other services rendered in connection with this agreement shall be deemed to have merged in and be restricted to the terms and conditions of this agreement, and this consent to arbitrate shall survive the termination of this agreement.

21. END-POINT'S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Subscriber agrees that END- POINT WIRELESS is authorized and permitted to subcontract any services to be provided by END- POINT WIRELESS to third parties who may be independent of END-POINT WIRELESS, and that END-POINT WIRELESS shall not be liable for any loss or damage sustained by Subscriber by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties. Subscriber appoints END-POINT WIRELESS to act as Subscriber’s agent with respect to such third parties, except that END-POINT WIRELESS shall not obligate Subscriber to make any payments to such third parties. Subscriber acknowledges that this agreement, and particularly those paragraphs relating to END-POINT WIRELESS's disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignees, subcontractors, manufacturers, vendors and central offices of END- POINT WIRELESS.

22. NON-SOLICITATION: Subscriber agrees that it will not solicit for employment for itself, or any other entity, or employ, in any capacity, any employee of END-POINT WIRELESS assigned by END- POINT WIRELESS to perform any service for or on behalf of Subscriber for a period of two years after END-POINT WIRELESS has completed providing service to Subscriber. In the event of Subscriber's violation of this provision, in addition to injunctive relief, END-POINT WIRELESS shall recover from Subscriber an amount equal to such employee's salary based upon the average three months preceding employee’s termination of employment with END-POINT WIRELESS, times twelve, together with END-POINT WIRELESS's counsel and expert witness fees.

23. NON-DISPARAGEMENT: Neither party to this agreement shall publish or communicate on any written or electronic forum or social media any disparaging comment, negative review, recommendation, evaluation, or report of the other unless required by law. Because a violation of this provision would result in damages that may be difficult to prove, the parties agree that a party violating this provision shall be liable for damages in the amount of $10,000.00 as and for liquidated damages and not as a penalty, and no actual damages need to be proved. Additionally, a party to this agreement required to commence any lawsuit or arbitration to enforce this provision shall be entitled to injunctive relief and its legal fees.

24. FALSE ALARMS / PERMIT FEES: Subscriber is responsible for all alarm permits and fees, agrees to file for and maintain any permits required by applicable law and indemnify or reimburse END-POINT WIRELESS for any fines relating to permits or false alarms. END-POINT WIRELESS shall have no liability for permit fees, false alarms, false alarm fines, police or fire response, any damage to personal or real property or personal injury caused by police or fire department response to alarm, whether false alarm or otherwise, or the refusal of the police or fire department to respond.

In the event of termination of police or fire response by the municipal police or fire department this agreement shall nevertheless remain in full force and Subscriber shall remain liable for al payments provided for herein. Should END-POINT WIRELESS be required by existing or hereafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement Subscriber agrees to pay END-POINT WIRELESS for such service or material.

25. SECURITY INTEREST/ COLLATERAL: To secure Subscriber's obligations under this agreement Subscriber grants END-POINT WIRELESS a security interest in the security equipment installed by END-POINT WIRELESS and END-POINT WIRELESS is authorized to file a financing statement.

26. CREDIT INVESTIGATION: Subscriber and any guarantor authorize END-POINT WIRELESS to conduct credit investigations from time to time to determine Subscriber’s and guarantor’s credit worthiness.

27. FULL AGREEMENT / SEVERABILITY: This agreement along with the Schedule of Equipment and Services constitutes the full understanding of the parties and may not be amended, modified or canceled, except in writing signed by both parties, except END-POINT WIRELESS's requirements regarding items of protection provided for in this agreement imposed by Authority Having Jurisdiction.

Subscriber acknowledges and represents that Subscriber has not relied on any representation, assertion, guarantee, warranty, collateral agreement or other assurance, except those set forth in this Agreement. Subscriber hereby waives all rights and remedies, at law or in equity, arising, or which may arise, as the result of Subscriber’s reliance on such representation, assertion, guarantee, warranty, collateral agreement or other assurance. To the extent this agreement is inconsistent with any other document, agreement, purchase order or understanding between the parties, the terms of this agreement shall govern. Should any provision of this agreement be deemed void, the remaining parts shall not be effected.

PROPOSITION 65 WARNING: Equipment and packaging may contain components containing chemicals known to The State of California to cause cancer, birth defects or other reproductive harm.

Payment Schedule For Project Grand Total:

Deposit (Due On Day of Signing): $95,750.56
Phase Payment #1 (Due Upon Completion of Rough In): $0.00 Phase Payment #2: $0.00
Final Payment (Due Upon Completion): $63,633.71
Purchase Order Required:

PO Number(If no. enter "N/A"):

AP Contact Name:

Phone - Direct:

Email:

Title:

SUBSCRIBER ACKNOWLEDGES RECEIVING A FULLY EXECUTED COPY OF THIS AGREEMENT AND SCHEDULE OF EQUIPMENT AND SERVICES AT TIME OF EXECUTION.

Anthony Ward Elias Bettencourt

PORTOLA SYSTEMS INC
327 O'Hair Court, Suite B
Santa Rosa, CA 95407
Phone: 17078248800
Compton City Verkada 5YR
Number: 15503
Date: 09/12/2024
Quote prepared for: Ryan Miller
Bill To:

Anthony Ward
Prospective Customer - Compton City
205 S. Willowbrook Ave
Compton, CA 90220
Phone: (707)824-8800
Email: [email protected]
Ship To:

Anthony Ward
Prospective Customer - Compton City
205 S. Willowbrook Ave
Compton, CA 90220
Phone: (707)824-8800
Email: [email protected]
Item
#
Mfr. Part Description Price Qty. Extended
1 Verkada HW/SW HW w/ 5YR Lic
Dump Site
Alondra - Atlantic
Alondra - Central
Rosecrans Ave - Central Ave
Wilmington Ave - Stockwell St
Mfr:
$ 82,582.00 1 $ 82,582.00
2 Gridless HW/SW Gridless HW w/ 10YR Lic
Dump Site
Mfr:
$ 39,820.00 1 $ 39,820.00
*3 Labor Installation, Program, Project Management, D ocumentation.

Mfr: Portola Systems Inc
$ 62,789.00 1 $ 62,789.00
3 item(s) Sub-Total $ 185,191.00
Tax @ 10.25% $ 12,546.21
Freight $ 1,800.00
Total $ 199,537.21
(*) Tax exempted Part(s)
Quote Valid Until: 09/26/2024
Payment Details
Shipping and Delivery Details
Pay by: Company PO
Payment Term: 1 days
Other Details
:

Shipping via: Delivery
Terms and Conditions
Freight/Shipping not included unless otherwise noted.

Handling Fees not included unless otherwise noted.

Cancellation is subject to a 10% restocking fee.

Returns may be subject to additional fees and/or terms defined by manufacturer.

Late Fee Policy: Overdue balances will be charged interest rate at current prime rates + 1.5% per month or greater based on terms defined by manufacturer.

Upon approval, please submit signed quote and/or End User PO to [email protected] and include ticket number in the subject line.

Prepared by: Ryan Miller Email: [email protected] Phone: 17078248800 Monarch
1819 Polk St,# 320
San Francisco, CA 94109

This order is a binding agreement between you and The ELD Experts LLC, dba Monarch. By placing this order, you hereby agree to Monarch's Terms of Sale, which are incorporated herein by reference, and can be found at https://www.monarchconnected.com/terms-of-sale In the event of a conflict between this order and the Terms of Sale, the Terms of Sale shall control.

Customer agrees that their use of and access to the Verkada products and services purchased hereunder are subject to Verkada's terms of service at https://www.verkada.com/terms-of-service/

Please confirm acceptance of this quote by signing below:

Signature:     ___________________________________
Print Name:    __________________________________
Date:     _______________________________________
$170,249.95Grand Total
$978.00Shipping and
Handling
$15,737.30Tax
-$3,441.35Total Discount
$156,976.00Subtotal
205 South Willowbrook Avenue
Compton, CA 90220
United States
Ship To
CA-Municipality-ComptonCustomer Name
205 South Willowbrook Avenue
Compton, CA 90220
United States
Bill To
CA-Municipality-ComptonBill To Name
9/10/2024Created Date
60Term (Months)
00005541Quote Number
[email protected]
Anthony D'AmbrosioPrepared By
Product Code Product Quantity MSRP Amount Final
CB52-256TE-HW Verkada CB52-TE Outdoor Bullet Camera, 5MP, Telephoto Zoom Lens, 256GB of Storage, Maximum 30 Days of Retention 26.00 $1,499.00 $38,974.00 $37,025.30 ACC-MNT-POLE-1 Verkada Pole Mount 31.00 $209.00 $6,479.00 $6,155.05 LIC-5Y Verkada 5 Year Camera License 26.00 $899.00 $23,374.00 $22,205.30 ACC-MNT-SJBOX-1 Square Junction Mount Box 26.00 $89.00 $2,314.00 $2,314.00 ACC-MNT-8 Verkada Pendant Cap Mount 5.00 $69.00 $345.00 $345.00 BZ11-HW Verkada BZ11 Horn Speaker 5.00 $799.00 $3,995.00 $3,995.00 LIC-BZ-5Y Verkada 5-Year Horn Speaker License 5.00 $899.00 $4,495.00 $4,495.00 LIC-BB-5Y Verkada 5-Year Basic Alarm License 5.00 $3,000.00 $15,000.00 $15,000.00 ProSer Professional Services 1.00 $62,000.00 $62,000.00 $62,000.00 Monarch
1819 Polk St,# 320
San Francisco, CA 94109

This order is a binding agreement between you and The ELD Experts LLC, dba Monarch. By placing this order, you hereby agree to Monarch's Terms of Sale, which are incorporated herein by reference, and can be found at https://www.monarchconnected.com/terms-of-sale In the event of a conflict between this order and the Terms of Sale, the Terms of Sale shall control.

Customer agrees that their use of and access to the Verkada products and services purchased hereunder are subject to Verkada's terms of service at https://www.verkada.com/terms-of-service/

October 22, 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 2024-2025 FISCAL YEAR

BUDGET AND AUTHORIZING THE CITY MANAGER TO ENTER INTO

AN AGREEMENT AND ESTABLISH A PURCHASE ORDER TO MDJ

MANAGEMENT FOR THE REMOVAL AND INSTALLATION OF THE

FIRE ALARM AND SPRINKLER SYSTEM AT COMPTON CITY HALL
($1,861,934.97)

SUMMARY
Staff is requesting City Council adoption of this resolution to amend the General Services Fiscal Year 2024-2025 Fiscal Year Budget and authorized the City Manager to accept the proposal, enter into an agreement, and establish a purchase order to MDJ Management in the amount of One Million Eight Hundred Sixty-One Thousand Nine Hundred Thirty-Four Dollars and Ninety-Seven Cents ($1,861,934.97) for the removal and installation of the fire alarm system at Compton City Hall and authorize a 15% contingency in the amount of Two Hundred Seventy-Nine Thousand Two Hundred Ninety Dollars and Twenty-Five Cents ($279,290.25).

BACKGROUND
The existing fire alarm system at Compton City Hall has been in operation for over 60 years. Over time, the system has experienced increasing maintenance issues, false alarms, and parts no longer available or supported by the manufacturer. In 2023, the Compton Fire Department conducted a Fire and Life Safety Inspection and identified several deficiencies that could compromise the safety of City Hall occupants in the event of a fire.

Repair discussions were initiated on August 8, 2023, and on August 15, 2023, City of Compton staff, Gordian staff, and MDJ Management met to conduct an inspection at City Hall. Following the assessment conducted by certified technicians, it was determined that the fire system needed replacement due to its deteriorating condition and inefficiency.

Many sprinkler units need to be relocated or replaced as they have exceeded their expected lifespan and are no longer operable.

STATEMENT OF THE ISSUE
Given the inspection findings and considering the critical role of the fire alarm and sprinkler systems in ensuring the safety of City Hall staff, visitors, and the public, replacing the system has become a top priority. The current fire alarm system’s deficiencies pose

11.11.11.11. Staff Report – Authorizing Agreement and Purchase Order MDJ Management – City Hall Fire Alarm and Sprinkler System October 22, 2024 - Page 2 of 3
significant risks, including reliability issues, obsolete technology, and compliance concerns. A new system will provide reliability and accuracy in detecting fires, reduce maintenance costs, comply with current fire safety codes and standards, and most importantly, increase safety for building occupants.

Staff worked with MDJ Management via Gordian/Sourcwell EZIQC Contract No. CA-R8- GB-101723-MDJ to prepare a recommendation to install a new fire alarm and sprinkler system at Compton City Hall. MDJ Management provided a proposal for the installation of a new system in the amount of One Million Eight Hundred Sixty-One Thousand Nine Hundred Thirty-Four Dollars and Ninety-Seven Cents ($1,861,934.97).

MDJ Management is offering pricing through its Sourcewell contract. Staff has determined that a formal bidding process is not required for these services per Compton Municipal Code section 4-11-7(c), which lists certain exemptions from the bidding process, including purchases of contract supplies, materials, equipment or services entered into with another governmental or quasi-governmental entity.

Sourcewell was formerly known as the National Joints Powers Alliance (NJPA).

Participation in Sourcewell is available at no-cost, no obligation, and no liability to public agencies, school districts, state colleges and universities, and local governments. In recent years, membership in the 40-year old organization has grown rapidly as more publicly fund agencies opt to satisfy their own RFP process by using Sourcewell’s rigorous vetting in their competitive process and combined membership buying power to save time and money.

Sourcewell follows the competitive contracting law process to solicit, evaluate, and award cooperative purchasing contracts for goods and services. Sourcewell saves purchasers money by offering better pricing, less time is spent reviewing bids and combines the purchasing power of more than 50,000 organizations. Sourcewell members purchase more than $3.5 billion annually through the awarded contractors. Government agencies save money because of the purchasing scale advantage they gain from being part of the cooperative membership.

In addition, the President of the United States signed the American Rescue Plan Act (ARPA) on March 11, 2021. The legislation provides $1.9 trillion in funding to address the economic impacts of the Coronavirus (COVID-19) pandemic, which included $350 billion in federal fiscal recovery aid to state and local governments. The City of Compton received approximately $34 million in aid as a result of the ARPA.

The General Services Department was allocated $7,096,308.00 of ARPA funding under the Capital Improvement FY 2023-2024 Adjusted Budget. Those funds must be obligated by December 31, 2024, and expended by December 31, 2026.

On June 25, 2024, the Mayor and Council authorized Resolution No. 26,068, adopting the 2024-2025 Fiscal Year Budget. The staff discovered a clerical error in the approved budget. The allocation for ARPA funding was entered as 2810-600-000-4330 Land Staff Report – Authorizing Agreement and Purchase Order MDJ Management – City Hall Fire Alarm and Sprinkler System October 22, 2024 - Page 3 of 3
Improvement, when the correct allocation should have been 2810-600-000-4300 Capital Outlay. To rectify this issue, we are requesting a budget amendment and appropriation.

FISCAL IMPACT
Upon approval of this resolution, the City Council will authorize the General Services Department to amend the Fiscal Year 2024-2025 General Services Department budget as follows:

Decrease appropriation in:

Account No. Description Amount
2810-600-000-4330 ARPA Funding – Land Improvements $2,502,000.00 Increase appropriation in:

Account No. Description Amount
2810-600-000-4300 ARPA Funding – Capital Outlay $2,502,000.00 Funds for this expenditure in the amount not to exceed Two Million One Hundred Forty- One Thousand Two Hundred Twenty-Five Dollars and Twenty-Two Cents ($2,141,225.22) will be available in the FY 2024-2025 Budget in Account No. 2810-600- 000-4300 American Rescue Funds (ARPA) – Capital Outlay upon Mayor and Council Approval of the attached resolution.

RECOMMENDATION
It is recommended that the City Council approve the fire alarm and sprinkler replacement project at Compton City Hall. Additionally, staff recommends that the City Council adopt the attached Resolution as ARPA funds must be obligated by December 31, 2024, and funding must be expended by December 31, 2026.

NEBRASKA JONES

DIRECTOR OF GENERAL SERVICES
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 2024-2025 FISCAL YEAR BUDGET

AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT

AND ESTABLISH A PURCHASE ORDER TO MDJ MANAGEMENT FOR THE

REMOVAL AND INSTALLATION OF THE FIRE ALARM AND SPRINKLER SYSTEM AT COMPTON CITY HALL ($1,861,934.97)

WHEREAS,the General Services Department is responsible for maintaining the City’s administrative buildings, parks, fire stations, service yards, and leased properties; and
WHEREAS, in 2023, Compton Fire Department conducted a Fire and Life Safety Inspection at Compton City Hall to determine the compliance or non-compliance with California Fire Codes and California Building Codes; and WHEREAS, Compton Fire Department staff identified several deficiencies that could compromise the safety of City Hall occupants in the event of a fire; and WHEREAS, on August 8, 2023, repair discussions were initiated to repair the fire alarm and sprinkler system at Compton City Hall; and
WHEREAS, on August 15, 2023, City of Compton staff, Gordian staff, and MDJ Management met to conduct an inspection of the fire alarm and sprinkler system; following the assessment conducted by certified technicians, it was determined that the systems needed replacement due to their deteriorating condition and inefficiency; and WHEREAS, the existing system at Compton City Hall is over 60 years old, and sprinkler units need to be relocated or replaced as they have exceeded their expected lifespan and are no longer operable; and
WHEREAS, the inspection findings and considering the critical role of the fire alarm and sprinkler systems in ensuring the safety of City Hall staff, visitors, and the public, replacing the system has become a top priority, and WHEREAS, staff worked with MDJ Management via Gordian/Sourcwell EZIQC Contract No. CA-R8-GB-101723-MDJ to prepare a recommendation and proposal to install a new fire alarm and sprinkler system at Compton City Hall; and WHEREAS, MDJ Management provided a proposal for the installation of a new system in the amount of One Million Eight Hundred Sixty-One Thousand Nine Hundred Thirty-Four Dollars and Ninety-Seven Cents ($1,861,934.97); and WHEREAS, MDJ Management is offering pricing through its Sourcewell contract; staff has determined that a formal bidding process is not required for these services per Compton Municipal Code section 4-11-7(c), which lists certain exemptions from the bidding process, including purchases of contract supplies, materials, equipment or services entered into with another governmental or quasi-governmental entity; and WHEREAS, on March 11, 2021, the President of the United States signed the American Rescue Plan Act (ARPA) of 2021, and the City of Compton received approximately $34 million in aid as a result of the ARPA; and WHEREAS, in the 2023-2024 Fiscal Year Budget amendment the General Services Department was allocated $7,096,308.00 of ARPA funding; these funds must be obligated by December 31, 2024, and expended by December 31, 2026; and WHEREAS, on June 25, 2024, the Mayor and Council authorized Resolution No. 26,068, adopting the 2024-2025 Fiscal Year Budget; and
WHEREAS, staff discovered a clerical error in the 2024-2025 Fiscal Year Budget; the allocation for ARPA funding was entered as 2810-600-000-4330 Land Improvement, when the correct allocation should have been 2810-600-000-4300 Capital Outlay; and WHEREAS, to rectify this issue, we are requesting a budget amendment as follows:

Decrease appropriation in:

Account No. Description Amount
2810-600-000-4330 ARPA Funding – Land Improvements $2,502,000.00 Increase appropriation in:

Account No. Description Amount
2810-600-000-4300 ARPA Funding – Capital Outlay $2,502,000.00 WHEREAS, staff is requesting the ability to efficiently manage this project by requesting to issue purchase orders for the fire alarm and sprinkler project in the amount of One Million Eight Hundred Sixty-One Thousand Nine Hundred Thirty-Four Dollars and Ninety-Seven Cents ($1,861,934.97) and fifteen percent (15%) contingency in the amount of Two Hundred Seventy-Nine Thousand Two Hundred Ninety Dollars Twenty-Five cents ($279,290.25) to MDJ Management in the amount not to exceed Two Million One Hundred Forty-One Thousand Two Hundred Twenty-Five Dollars and Twenty-Two Cents ($2,141,225.22); and
WHEREAS,funds for this expenditure in the amount not to exceed Two Million One Hundred Forty-One Thousand Two Hundred Twenty-Five Dollars and Twenty- Two Cents ($2,141,225.22) will be available in the FY 2024-2025 Budget in Account No. 2810-600-000-4300 American Rescue Funds (ARPA) – Capital Outlay upon Mayor and Council Approval of the attached resolution; and
Account No. Fund Description Amount
2810-600-000-4330 ARPA Funds Fire Alarm/Sprinkler Replacement $1,861,934.97 2810-600-000-4330 ARPA Funds 15% Contingency $279,290.25 TOTAL $2,141,225.22

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

SECTION 1.That the City Manager, upon advice and approval of the City Attorney, is hereby authorized to enter into an agreement with with MDJ Management to replace the fire alarm and sprinkler system at Compton City Hall.

SECTION 2. That the City Council will authorize the General Services Department to amend the Fiscal Year 2024-2025 General Department budget as follows:

Decrease appropriation in:

Account No. Description Amount
2810-600-000-4330 ARPA Funding – Land Improvements $2,502,000.00 Increase appropriation in:

Account No. Description Amount
2810-600-000-4300 ARPA Funding – Capital Outlay $2,502,000.00 SECTION 3. That the City Manager is hereby authorized to establish a purchase order to the MDJ Management in the amount of One Million Eight Hundred Sixty-One Thousand Nine Hundred Thirty-Four Dollars and Ninety-Seven Cents ($1,861,934.97).

SECTION 4.That a fifteen percent (15%) contingency in the amount of Two Hundred Seventy-Nine Thousand Two Hundred Ninety Dollars Twenty-Five Cents ($279,290.25) is hereby authorized.

Resolution No. __________

Page 3 ends

SECTION 5.That funds in the amount not to exceed Two Million One Hundred Forty-One Thousand Two Hundred Twenty-Five Dollars and Twenty-Two Cents ($2,141,225.22) will be available in the 2024-2025 Fiscal Year budget in Account Number 2810-600-000-4300.

Section 6. 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 7.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 MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
____________________________________

CITY CLERK OF THE CITY OF COMPTON

INSTALLATION AGREEMENT BETWEEN

CITY OF COMPTON
AND

MDJ MANAGEMENT, LLC

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 MDJ MANAGEMENT, LLC (hereinafter referred to as “CONTRACTOR”) located at 531 Main Street #611, El Segundo, CA 90245 (each a “Party” and collectively, the “Parties”).

RECITALS
A. The City has a need for a specifically trained and experienced contractor who can install a new fire alarm and sprinkler system at Compton City Hall; and 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 the approval to award a contract to MDJ Management for the installation of a new fire alarm system at Compton City Hall.

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 for:

More specifically, Contractor shall perform the following scope of services provided by:

Scope of Work:

Exhibit 1-A – Sourcewell / Gordian / MDJ Management dated June 26, 2024 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.

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:

Installation Agreement – MDJ Management, LLC
Installation of New Fire Alarm / Sprinkler System at Compton City Hall Resolution No. *****
2 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. Adjustments 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 Two Million One Hundred Forty-One Thousand Two Hundred Twenty-Five Dollars and Twenty-Two Cents ($2,141,225.22).

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 120 days from the “Notice-to-Proceed”.

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 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:

5.1Insurance 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 Installation Agreement – MDJ Management, LLC
Installation of New Fire Alarm / Sprinkler System at Compton City Hall Resolution No. *****
3 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 below- designated 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 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.

5.3.1The policy or policies of insurance required by Section 5.2.1 (Commercial General Liability) shall be endorsed to provide the following:

Installation Agreement – MDJ Management, LLC
Installation of New Fire Alarm / Sprinkler System at Compton City Hall Resolution No. *****
4 .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.

5.3.2The 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.

5.3.3The 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 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 Installation Agreement – MDJ Management, LLC
Installation of New Fire Alarm / Sprinkler System at Compton City Hall Resolution No. *****
5 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:

6.1Contractor shall have overall responsibility for safety precautions and programs in the performance of the services.

6.2Contractor shall seek to avoid injury, loss or damage to persons or property by taking reasonable steps to protect:
.aEmployees and all other persons at the location where services are rendered (“Site”);
.bMaterials and equipment stored on the Sites or off the Sites at locations for use in performance of the work; and
.cThe 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.

6.3Contractor 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.

6.4Losses not insured under property insurance which may arise from the performance of the work, to the extent of the negligence attributed to such acts or omissions of Contractor or anyone for whose acts Contractor may be liable, shall be promptly remedied by Contractor at Contractor’s cost and without reimbursement by City as a cost of work, or in any other manner.

6.5If 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 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 Installation Agreement – MDJ Management, LLC
Installation of New Fire Alarm / Sprinkler System at Compton City Hall Resolution No. *****
6 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 substantial 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:

12.1If 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.

12.2If 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.

Installation Agreement – MDJ Management, LLC
Installation of New Fire Alarm / Sprinkler System at Compton City Hall Resolution No. *****
7 12.3If 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.

12.4Pursuant 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:

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: MDJ Management, LLC
531 Main Street #611
El Segundo, CA 90245
Attn: Matt McMillon, ******
(310) 490-1521
Installation Agreement – MDJ Management, LLC
Installation of New Fire Alarm / Sprinkler System at Compton City Hall Resolution No. *****
8 To City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Director, General Services Department
(310) 605-5519
With copy to: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
(310) 605-5585
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:

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.

Installation Agreement – MDJ Management, LLC
Installation of New Fire Alarm / Sprinkler System at Compton City Hall Resolution No. *****
9 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:

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.

Installation Agreement – MDJ Management, LLC
Installation of New Fire Alarm / Sprinkler System at Compton City Hall Resolution No. *****
10 MDJ Management, LLC

CONTRACTOR
Dated: _______________ By ____________________________________ Matt McMillon,
MDJ Management

CTY OF COMPTON
Recommended for Approval by:

By _______________________________ Dated: ____________________ Nebraska Jones
General Services Department
Approved by:

Dated: ___________________ By ____________________________________ Willie A. Hopkins, City Manager
Approved as to form:

By ________________________________ Dated: ___________________ Eric J. Perrodin, City Attorney
ATTEST:

Dated: _________________ By ____________________________________ Vernell McDaniel, City Clerk
Work Order Signature Document
EZIQC Contract No.: CA-R8-GB-101723-MDJ
New
Work Order
129837.00
Modify an Existing Work Order
Work Order Title:

Work Order Number.: Work Order Date:

X
06/26/2024
Contractor Name:

Contact:

Phone:

Contact:

Phone:

Matt McMillon
310-490-1521
Owner Name:

Compton - Fire Alarm System at City Hall
City of Compton
Nebraska Jones
310-605-5519
MDJ Management
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-R8-GB-101723-MDJ.

Brief
Work Order Description:

Will not apply:Liquidated Damages Will apply:

Estimated Completion Date:

Estimated Start Date: T
ime of Performance
X
Work Order Firm Fixed Price: $1,861,934.97
Owner Purchase Order Number:

Approvals
Date DateMDJ ManagementCity of Compton

2.00

Page 1 of 1 ends

6/26/2024
Work Order Signature Document

3.00 Detailed Scope of Work
Nebraska JonesMatt McMillonTo: From:

MDJ Management
531 Main St #611
El Segundo, CA 90245
310-490-1521
City of Compton
205 S. Willowbrook Ave.

Compton, CA 90220
310-605-5519
Work Order Number:

June 26, 2024Date Printed:
129837.00
Compton - Fire Alarm System at City HallWork Order Title:

Brief Scope:

Revised FinalPreliminary X
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work.

See attached
Subject to the terms and conditions of ezIQC Contract CA-R8-GB-101723-MDJ.

MDJ Management Date
DateCity of Compton

Page 1 of 1 ends

6/26/2024
Scope of Work
MDJ Management, LLCLicense # 1044711 DIR # 1000061313531 Main St. #611 El Segundo CA 90245310-490-1521 Job Name: Compton City Hall Fire System UpgradesLocation: 205 S Willowbrook Ave., Compton CA 90220Customer: City of Compton Submission Date: 6/25/24
Detailed Scope of Work
Fire Alarm System● Removal of existing system and installation of a complete new system● Price includes plan layout provided and time to get through permit process● Provide the following equipment to replace the existing fire alarm system and upgrade it to meet current code. ○ Equipment will be by Notifier:■ (1) Control Panel NFS2640■ (6) Power Supplies PSE-10■ (1) Annunciator Panel LCD2-80■ (22) Manual Stations NBG12LX■ (4) Smoke Detectors FSP951/B300-6■ (136) Horn Strobes P2CWL■ (36) Strobes SCWL■ (11) Exterior Horn Strobes PRWK■ (6) Duct Mounted Smoke Detectors DNRW/FSP951R/DST5■ (6) Remote Indicators RA4000Z■ (12) Monitor Modules FMM-1■ (20) Relay Modules FRM-1■ (20) Relays MR101C■ (2) OS&Y Tamper Switches■ (2) PIV Tamper Switches○ Conduit and boxes will be surface mounted■ There will be a lot of wall penetrations■ All penetrations to be patched back and finished/painted to match surrounding○ Includes up to 6 ceiling penetrations for HVAC connections■ Roof penetrations to be patched back and sealed○ Includes HVAC final connections to existing units 1 of 2

■ If HVAC units are not Fire alarm ready additional costs to be incurred to bring those up to code○ Existing elevators are not Fire Alarm ready■ All Elevator connections are excluded■ Minimum elevator code requirements to be met● Price Includes 1 year of Fire Alarm Monitoring to meet required code○ City is responsible for yearly contract after 12 months from completion of project Fire Sprinkler System● Pre-Action Sprinkler Inspection ○ Replace all 3 gauges○ Basement Server room missing (6) VK302 white escutcheons○ 1 1/2” VK MOD E-3 deluge valve, need to replace PORV● Wet Sprinkler Inspection○ Painted central model A in following locations■ Replace with Reliable Mod G chrome with white finish ssp■ (2) basement south hall■ (4) basement ITS room B-5■ (3) basement next to elevator■ (1) level 2 entrance to men restroom next to elevator■ (31) in 1st floor council chambers■ (9) entrance foyer to council chambers ■ (1) 1st level council chambers in stairwell next to exit■ (2) 2nd level council chamber■ (8) 1st level exterior, bridge to council chambers overhang■ (21) main lobby main entrance 1st level■ (4) 1st level business license division (2 are in a office 2 in common area)■ (6) 1st hallway to general services |AES 2.2|1.20 - repair○ PIV target unreadable■ Clean and repaint○ Replace (2) 300 psi water gauges■ Gauges are over 5 years old○ Missing central model A escutcheons in following locations■ Existing are discontinued● Replace with Mod G reliable chrome ssp with white finish■ (1) city treasurer office need head extension also 1st floor■ (1) basement hallway @south emergency exit need head extension■ (1) basement ITS room B-5■ (1) city attorneys dept 2nd floor office next to north exit■ (1) city manager dept 3rd floor hall next to office Andre Spicer■ (7) 1st floor business license division■ (1) 1st level risk management■ (7) 1st level GSA office■ (1) stairs to basement north■ (2) basement press rm■ (1) basement north hallway■ (2) VIP staircase○ Missing FDC protective caps 2 of 4 ■ Replace (4)
○ Painted 165* 1/2” brass SSU and SSP sprinklers in following locations:
■ (1) basement along riser wall SSU
■ (1) basement electrical room SSU
■ (1) basement janitor closet SSP
■ (1) basement parking garage stall 93 SSU
■ (1) basement parking garage next to stall 105
○ Missing Viking white semi recessed escutcheons in following locations ■ (2) basement ITS room B-5 server room
○ Corroded 165* 1/2” brass link SR SSP & SSU sprinklers in following locations:
■ (1) under duct in basement fan room along riser wall ssp ■ (1) painted under duct in basement water heater/ pump room ssp ■ (1) grease loaded in basement electric room next to elevator ssp ■ (1) basement garage parking next to stall 99 SSU
■ (2) basement north 9A SSU
■ (1) basement south stall 82 SSU
■ (1) basement south next to stall 102 damaged SSU
○ Need to add a 12 spare head box with (6) reliable Mod G semi recessed chrome 1/2” SSP and head wrench
○ 10” system side OS&Y valve leaking and too difficult to operate (1975) ○ 10” flanged with 13”
■ Remove (2) 10” gaskets rubber and (2) bolt kits
○ PIV signs are unreadable for both risers
■ Need custom signs reading:
● RISER 1 SOUTH CONTROL VALVE
● RISER 2 NORTH CONTROL VALVE
○ Adjustment of the following Sprinklers
■ (1) Head too low (ceiling removed) in treasurer's office safe room 1st level ● Remove drop extension add RC and new head
■ (4) in basement printing room
● Remove drop extension add RC and new head
○ Outdated 75’ fire hoses (2016) in following locations:
■ Replace with new
■ (2) basement hallways
■ (3) basement parking garage (one completely missing)
○ Model A sprinklers installed too high affecting spray pattern and corrosion ■ Replace with Reliable mod G chrome with white finish and lower sprinkler with head extension in following locations:
● (36) exterior back entrance
● (4) front entrance exterior overhang
● (2) 1st Floor HR
● (1) basement hallway |AES 2.2|1.20 - repair
CLARIFICATIONS AND EXCLUSIONS:
● Exclusions other than those laid out above
○ All furniture to be moved by city
● Price to include all labor (Normal Working Hours - Prevailing Wage), materials, and equipment to complete this scope of work.
3 of 4
● Any additional add on items will be at the request of Customer. Any adjustment shall be an additional cost.
● Warranty
○ One year warranty against workmanship
○ Manufacturer's warranty varies
● We exclude plans, permits, permit fees, related fees, testing and/or testing fees, inspection fees, survey or survey fees, and engineering fees unless specified above ● We exclude utilities and hazardous or contaminated material ● Construction water, power, and sanitary facilities available on site for MDJ’s use at no cost
● We exclude premium time unless specified above
● We exclude anything not specifically mentioned above
● MDJ reserves the right to review, change, and/or delete any provisions of any prime contract or subcontract, which results from this quotation ● All terms to be net 30 days in full upon receipt of invoice. Interest will be charged at the rate of 2% monthly on the unpaid balance.

BID PRICE: See Price Proposal
All work to be completed in a substantial and workmanlike manner according to standard practices for the sum of See Price Proposal. Any additional add on items will be at the request of Customer. Any adjustment shall be an additional cost.

Bid price is good for thirty (30) days only.

Any controversy or claim based on, arising out of, or relating to this agreement, or breach thereof, including any claim based on the work performed pursuant to this agreement, shall be submitted to the American Arbitration Association for binding arbitration in accordance with its rules. If any arbitration, legal action is brought to enforce this agreement, or arising out of or relating to the agreement, the prevailing party shall be entitled to recover from the non-prevailing party reasonable attorney fees and costs incurred, in addition to any and all other relief to which that party may be entitled.

Submitted by:

Matthew McMillon
President MDJ
310.490.1521
[email protected]
4 of 4

4.00 Contractor's Price Proposal - Summary
Owner PO #:

Compton - Fire
Alarm System at City Hall
129837.00
CA-R8-GB-101723-MDJIQC Master Contract #:

Work Order #:

Title:

Re:

June 26, 2024Date:

Proposal Value:

Contractor: MDJ Management
$1,861,934.97
$1,655,633.72Fire Alarm
$54,040.13Fire Sprinkler System
$152,261.12General
Proposal Total
Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$1,861,934.97
The Percentage of NPP on this Proposal: %

Page 1 of 1 ends

6/26/2024
Contractor's Price Proposal - Summary

5.00 Contractor's Price Proposal - Detail
Compton - Fire Alarm System at City Hall
129837.00
CA-R8-GB-101723-MDJIQC Master Contract #:

Work Order #:

Owner PO #:

Title:

Re:

June 26, 2024Date:

Proposal Value:

Contractor: MDJ Management
$1,861,934.97
(Excludes)Equip. MaterialLabor
Line TotalDescriptionUOMMod.ItemSect.

Fire Alarm
01 22 20 00 0010 ElectricianFor tasks not included in the Construction Task Catalog® and as directed by owner only.
1 $2,071.66HR
Installation =x x 2,071.66
FactorUnit PriceQuantity Total
112.59 1.1500 16.00
2 guys one day for final connections to HVAC equipment
01 22 20 00 0082 Principal Engineer2 $61,410.00HR
Installation =x x 61,410.00
FactorUnit PriceQuantity Total
222.50 1.1500 240.00
For required layout and plans of fire alarm system installation 09 01 20 91 0004 >4 To 8 SF, Cut And Patch Hole In Gypsum Board To Match ExistingPer location.
3 $226,289.09SF
Installation =x x 226,289.09
FactorUnit PriceQuantity Total

13.92 1.1500 14,136.00
567 locations for boxes, planning on additional 1200 locations for conduit installation. Average of 8 sqft per patch.
09 91 23 00 0062 1 Coat Paint, Cut-in Brush Work, Paint Interior Plaster/Drywall Walls4 $9,103.58LF Installation =x x 9,103.58
FactorUnit PriceQuantity Total

0.14 1.1500 56,544.00
Painting LI's below include the walls. This LI is for cut in around existing openings and corners where walls meet as needed.
1767 separate locations of drywall patch back. Need to paint corner to corner. Average of 8' x 8' walls. 32 LF of cut in work and 64 sqft of walls.
09 91 23 00 0067 1 Coat Primer, Brush/Roller Work, Paint Interior Plaster/Drywall Walls5 $87,134.30SF Installation =x x 87,134.30
FactorUnit PriceQuantity Total

0.67 1.1500 113,088.00
1767 separate locations of drywall patch back. Need to paint corner to corner. Average of 8' x 8' walls. 32 LF of cut in work and 64 sqft of walls.
09 91 23 00 0069 2 Coats Paint, Brush/Roller Work, Paint Interior Plaster/Drywall Walls6 $175,569.12SF Installation =x x 175,569.12
FactorUnit PriceQuantity Total

1.35 1.1500 113,088.00
1767 separate locations of drywall patch back. Need to paint corner to corner. Average of 8' x 8' walls. 32 LF of cut in work and 64 sqft of walls.
23 05 23 00 1123 2-1/2" Butterfly Valve, Bronze Body, Stainless Steel Disc, Slow Close With Tamper Switch, 175 LB
7 $7,223.20EA
Installation =x x 7,100.51
FactorUnit PriceQuantity Total
1,543.59 1.1500 4.00
Demolition x x = 122.68 26.67 1.1500 4.00
New OS&Y and PIV Tamper Switches
23 05 23 00 1123 0279 For Work In Restricted Working Space, Add8 $183.77MOD Installation =x x 183.77
FactorUnit PriceQuantity Total

39.95 1.1500 4.00

Page 1 of 7 ends

6/26/2024
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 129837.00
Compton - Fire Alarm System at City Hall
Fire Alarm
26 01 20 91 0002 Lock Out/Tag Out Local DisconnectExcludes tag or padlock See CSI section 26 01 20 91-0004 for padlock, 26 01 20 91-0005 for tag(s). 9 $1,410.36EA
Installation =x x 1,410.36
FactorUnit PriceQuantity Total

40.88 1.1500 30.00
for electrical work
26 05 19 16 0046 3 Conductors, #14 AWG, 600 Volt, XLP (XHHW-2), Copper, Stranded, Power Cable, Installed In Conduit
10 $465,497.81MLF
Installation =x x 465,497.81
FactorUnit PriceQuantity Total
1,974.54 1.1500 205.00
137,000 sqft of building space. New wiring to connect all fire alarm system components 26 05 33 13 0062 1/2" Rigid Galvanized Steel (RGS) Conduit With Threaded Coupling11 $214,061.00LF Installation =x x 214,061.00
FactorUnit PriceQuantity Total

9.08 1.1500 20,500.00
137,000 sqft of building space. New wiring to connect all fire alarm system components 26 05 33 13 0075 1/2" Rigid Galvanized Steel (RGS) 90 Degree Standard Radius Elbow12 $17,945.75EA Installation =x x 17,945.75
FactorUnit PriceQuantity Total

31.21 1.1500 500.00
137,000 sqft of building space. New wiring to connect all fire alarm system components 26 05 33 13 0088 1/2" Rigid Galvanized Steel (RGS) 45 Degree Standard Radius Elbow13 $10,767.45EA Installation =x x 10,767.45
FactorUnit PriceQuantity Total

31.21 1.1500 300.00
137,000 sqft of building space. New wiring to connect all fire alarm system components 26 05 33 13 0174 1/2" Rigid Galvanized Steel (RGS) Plastic Insulating Bushing14 $56,913.96EA Installation =x x 56,913.96
FactorUnit PriceQuantity Total

13.60 1.1500 3,639.00
1 for each box connector and 2 for each coupler, 90 degree, or 45 degree elbows. 26 05 33 13 0226 1/2" Rigid Galvanized Steel (RGS) Box Connector With Set Screw15 $19,687.22EA Installation =x x 19,687.22
FactorUnit PriceQuantity Total

17.24 1.1500 993.00
average of 1.75 connectors per box.
26 05 33 13 0348 1/2" Rigid Galvanized Steel (RGS) 3-Piece Conduit Coupling (Erickson)16 $88,771.38EA Installation =x x 88,771.38
FactorUnit PriceQuantity Total

44.11 1.1500 1,750.00
137,000 sqft of building space. New wiring to connect all fire alarm system components 26 05 33 13 0470 1/2" Rigid Galvanized Steel (RGS) Sealing Locknut17 $13,810.01EA Installation =x x 13,810.01
FactorUnit PriceQuantity Total

3.30 1.1500 3,639.00
1 for each box connector and 2 for each coupler, 90 degree, or 45 degree elbows. 26 05 33 13 0591 1/2" Rigid Galvanized Steel (RGS) Pulling Elbow18 $4,478.10EA Installation =x x 4,478.10
FactorUnit PriceQuantity Total

25.96 1.1500 150.00
137,000 sqft of building space. New wiring to connect all fire alarm system components 26 05 33 16 0005 3-1/2" Depth, 4" Square Steel Box19 $31,865.68EA Installation =x x 31,865.68
FactorUnit PriceQuantity Total

48.87 1.1500 567.00
267 different units require a box. Additional boxes required for junction boxes throughout building.

Page 2 of 7 ends

6/26/2024
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 129837.00
Compton - Fire Alarm System at City Hall
Fire Alarm
26 05 33 16 0011 1" Depth, 1 Gang, 4" Square Steel Mud Ring20 $9,872.04EA Installation =x x 9,872.04
FactorUnit PriceQuantity Total

15.14 1.1500 567.00
drywall mud ring for 267 different units require a box. Additional boxes required for junction boxes throughout building.
26 05 53 00 0019 Labeling Existing Wire21 $2,149.35EA Installation =x x 2,149.35
FactorUnit PriceQuantity Total

3.50 1.1500 534.00
labeling all 267 alarm units on each end of connection
28 46 13 31 0150 Strobe (15, 30, 75, Or 110 cd Output), Red (EST3 G1R-VM)22 $6,966.52EA Installation =x x 6,378.91
FactorUnit PriceQuantity Total
154.08 1.1500 36.00
Demolition x x = 587.60 42.58 1.1500 12.00
Interior strobes as part of alarm system. Exact parts to be installed on DSOW. Closest LI to match. 28 46 13 31 0151 Horn-Strobe (15, 30, 75, Or 110 cd Output, High Or Low dB Output), White (EST3 G1-HDVM)
23 $30,790.58EA
Installation =x x 27,607.73
FactorUnit PriceQuantity Total
176.52 1.1500 136.00
Demolition x x = 3,182.86 42.58 1.1500 65.00
Interior horn strobes as part of alarm system. Exact parts to be installed on DSOW. Closest LI to match. 28 46 13 31 0303 Remote Zone Indicator, Contains 5 Bi-Color LED's (Red/Yellow) For Alarm Or Supervisory Zone Indication, With Jumper Selectable Zone Settings, Single Gang, And White Trim Plate (EST3 FSRZI-SA)
24 $1,574.17EA
Installation =x x 1,280.36
FactorUnit PriceQuantity Total
185.56 1.1500 6.00
Demolition x x = 293.80 42.58 1.1500 6.00
Remote indicators as part of alarm system. Exact parts to be installed on DSOW. Closest LI to match. 28 46 13 31 0451 N.C. Contacts, Break-Glass, Double Action, Non-Coded, Non-Addressable Manual Pull Stations (Simplex 2099-9105)
25 $7,220.71EA
Installation =x x 6,568.89
FactorUnit PriceQuantity Total
259.64 1.1500 22.00
Demolition x x = 651.82 28.34 1.1500 20.00
manual pull stations as part of alarm system. Exact parts to be installed on DSOW. Closest LI to match. 28 46 13 31 0493 Weatherproof, Red Housing, White Lettering, Horn And Intensity Selectable (15, 60 Or 75 Candela) Multi-Candela Strobe (Simplex 4906-9131) 26 $3,116.45EA
Installation =x x 2,578.70
FactorUnit PriceQuantity Total
203.85 1.1500 11.00
Demolition x x = 537.75 42.51 1.1500 11.00
Exterior Horn Strobes as part of alarm system. Exact parts to be installed on DSOW. Closest LI to match. 28 46 13 31 0988 NFS2-640 CPU For Intelligent Fire Alarm Control Panel (Notifier CPU2-640)27 $6,223.24EA Installation =x x 5,571.43
FactorUnit PriceQuantity Total
4,844.72 1.1500 1.00
Demolition x x = 651.81 566.79 1.1500 1.00
Fire alarm panel as part of alarm system. Exact parts to be installed on DSOW. Closest LI to match. 28 46 13 31 0991 Supports Installation Of Optional ACM-Series Annunciator In Same Cabinet, Black, 120 Volt AC, Intelligent Fire Alarm Control Panel (Notifier NFS-320C) 28 $7,476.50EA
Installation =x x 6,824.69
FactorUnit PriceQuantity Total
5,934.51 1.1500 1.00
Demolition x x = 651.81 566.79 1.1500 1.00
Cabinet to house control panel and annunciator. installed in wall.

Page 3 of 7 ends

6/26/2024
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 129837.00
Compton - Fire Alarm System at City Hall
Fire Alarm
28 46 13 31 1000 120 Volt AC Power Supply, Chassis, 80-Character Display, Keypad, NFS-320SYS CPU (Notifier CPU-320SYS)
29 $41,901.22EA
Installation =x x 37,990.37
FactorUnit PriceQuantity Total
5,505.85 1.1500 6.00
Demolition x x = 3,910.85 566.79 1.1500 6.00
power supplies as part of alarm system. Exact parts to be installed on DSOW. Closest LI to match. 28 46 13 31 1268 Network Control Annunciator For NFS2-3030, NFS-3030, NFS-320, NFS-640 And NFS2-640 (Notifier NCA-2)
30 $2,903.21EA
Installation =x x 2,805.44
FactorUnit PriceQuantity Total
2,439.51 1.1500 1.00
Demolition x x = 97.77 85.02 1.1500 1.00
Annunciator as part of alarm system. Exact parts to be installed on DSOW. Closest LI to match. 28 46 13 31 1276 Intelligent Addressable Monitor Module (Notifier FMM-1)31 $2,553.00EA Installation =x x 2,357.45
FactorUnit PriceQuantity Total
170.83 1.1500 12.00
Demolition x x = 195.55 28.34 1.1500 6.00
monitor modules as part of alarm system. Exact parts to be installed on DSOW. Closest LI to match. 28 46 13 31 1397 Intelligent Addressable Relay Module (Notifier NC-100R)32 $5,055.40EA Installation =x x 4,403.58
FactorUnit PriceQuantity Total
191.46 1.1500 20.00
Demolition x x = 651.82 28.34 1.1500 20.00
relay modules as part of alarm system. Exact parts to be installed on DSOW. Closest LI to match. 28 46 13 31 1398 Intelligent Addressable Low Flow Duct Photoelectric Smoke Detector (Notifier ND-100)
33 $2,229.28EA
Installation =x x 2,131.50
FactorUnit PriceQuantity Total
463.37 1.1500 4.00
Demolition x x = 97.77 42.51 1.1500 2.00
duct smoke detectors as part of alarm system. Exact parts to be installed on DSOW. Closest LI to match. 28 46 13 31 1443 Intelligent Addressable Laser Duct Smoke Detector (Notifier FSL-751D)34 $10,000.03EA Installation =x x 9,706.71
FactorUnit PriceQuantity Total
1,406.77 1.1500 6.00
Demolition x x = 293.32 42.51 1.1500 6.00
smoke detectors as part of alarm system. Exact parts to be installed on DSOW. Closest LI to match. 28 46 13 31 1598 24 Volt DC, 30 Amperes Contacts, DPDT Relay In Steel Enclosure (Notifier MR-199X-13C)
35 $5,871.44EA
Installation =x x 5,219.62
FactorUnit PriceQuantity Total
226.94 1.1500 20.00
Demolition x x = 651.82 28.34 1.1500 20.00
relays as part of alarm system. Exact parts to be installed on DSOW. Closest LI to match. 28 46 13 31 2558 Test And Certification Of Fire Alarm System36 $15,537.14HR Installation =x x 15,537.14
FactorUnit PriceQuantity Total
281.47 1.1500 48.00
2 guys 3 days for final testing and certification of new system. $1,655,633.72Subtotal for Fire Alarm
Fire Sprinkler System
01 22 23 00 1065 5,000 LB Straight Mast, Rough Terrain Construction Forklift With Full-Time Operator
37 $1,523.98DAY
Installation =x x 1,523.98
FactorUnit PriceQuantity Total
1,325.20 1.1500 1.00
for removal and installation of Exterior Yoke Valve

Page 4 of 7 ends

6/26/2024
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 129837.00
Compton - Fire Alarm System at City Hall
Fire Sprinkler System
01 71 13 00 0004 First 25 Miles, Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor Trailer With Up To 53' BedIncludes loading, tie-down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as bulldozers, motor scrapers, hydraulic excavators, gradalls, road graders, loader-backhoes, heavy duty construction loaders, tractors, pavers, rollers, bridge finishers, straight mast construction forklifts, telescoping boom rough terrain construction forklifts, telescoping and articulating boom man lifts with >40' boom lengths, etc.
38 $1,713.94EA
Installation =x x 1,713.94
FactorUnit PriceQuantity Total
1,490.38 1.1500 1.00
for delivery of lift
21 05 19 00 0006 4" Diameter Dial, 0-300 PSI, Water Pressure GaugeFor fire sprinkler systems39 $177.24EA Installation =x x 148.56
FactorUnit PriceQuantity Total

64.59 1.1500 2.00
Demolition x x = 28.68 12.47 1.1500 2.00
2 water pressure gauges need to be replaced
21 05 23 00 0066 10" Outside Stem And Yoke, Flanged, Cast Iron Body, Bronze Trim Gate Valve (Crane 467)
40 $7,886.33EA
Installation =x x 7,261.49
FactorUnit PriceQuantity Total
6,314.34 1.1500 1.00
Demolition x x = 624.84 543.34 1.1500 1.00
replacement of one gate valve to meet code
21 11 19 00 0017 Wall Type Indicator Post With Wall Flange For Valve (Victaulic 773)41 $2,289.04EA Installation =x x 1,961.69
FactorUnit PriceQuantity Total
1,705.82 1.1500 1.00
Demolition x x = 327.35 284.65 1.1500 1.00
existing one needs to be replaced
21 12 23 00 0035 3" Polished Brass, Fire Hose Valve Cap And Chain42 $627.26EA Installation =x x 627.26
FactorUnit PriceQuantity Total
136.36 1.1500 4.00
Missing 4 FDC protective caps
21 13 13 00 0070 3/4" NPT Thread, 17/32" Orifice, K=8.0, Quick Response, Conventional Chrome Wet Pipe Sprinkler Head
43 $22,577.63EA
Installation =x x 19,794.54
FactorUnit PriceQuantity Total

96.16 1.1500 179.00
Demolition x x = 2,783.09 13.52 1.1500 179.00
replacement of sprinklers to meet code
21 13 13 00 0223 3-7/32" Diameter x 15/16" Depth, Two Piece, 1/2" NPT, Push-On/Thread-Off White Sprinkler Head Recessed Escutcheon
44 $175.81EA
Installation =x x 142.21
FactorUnit PriceQuantity Total

20.61 1.1500 6.00
Demolition x x = 33.60 4.87 1.1500 6.00
basement server room missing 6 escutcheons
21 13 13 00 0278 Push On, White Replacement Sprinkler Escutcheon45 $3,034.83EA Installation =x x 2,291.73
FactorUnit PriceQuantity Total

11.01 1.1500 181.00
Demolition x x = 743.10 3.57 1.1500 181.00
new escutcheons for all replace sprinklers as well as a couple for existing sprinklers missing them. 21 13 26 00 0003 3" Deluge Valve With Trim And Release Equipment46 $9,149.08EA Installation =x x 8,457.56
FactorUnit PriceQuantity Total
7,354.40 1.1500 1.00
Demolition x x = 691.52 601.32 1.1500 1.00
replace deluge valve that isn't functioning. Didn't trip when tested.

Page 5 of 7 ends

6/26/2024
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 129837.00
Compton - Fire Alarm System at City Hall
Fire Sprinkler System
21 13 41 00 0003 3/4" Schedule 40 Chlorinated Polyvinyl Chloride (CPVC) Fire Sprinkler Pipe47 $830.21LF Installation =x x 639.22
FactorUnit PriceQuantity Total

5.79 1.1500 96.00
Demolition x x = 190.99 1.73 1.1500 96.00
48 locations the sprinkler heads need to be adjusted up or down. Average of 24" per location 21 13 41 00 0011 3/4" Schedule 40 Chlorinated Polyvinyl Chloride (CPVC) 90 Degree Elbow, Fire Sprinkler Piping
48 $2,111.95EA
Installation =x x 1,538.42
FactorUnit PriceQuantity Total

27.87 1.1500 48.00
Demolition x x = 573.53 10.39 1.1500 48.00
48 locations the sprinkler heads need to be adjusted up or down. Average of 24" per location 21 13 41 00 0072 3/4" Schedule 40 Chlorinated Polyvinyl Chloride (CPVC) Spigot Style Reducing Adapter, Male Slip X Female Pipe Thread, Fire Sprinkler Piping 49 $1,731.62EA
Installation =x x 1,313.21
FactorUnit PriceQuantity Total

23.79 1.1500 48.00
Demolition x x = 418.42 7.58 1.1500 48.00
48 locations the sprinkler heads need to be adjusted up or down. Average of 24" per location 23 05 19 00 0026 4" Diameter Dial, Steel Case, 0 To 60 PSI Or 0 To 100 PSI, Pressure Gauge50 $211.21EA Installation =x x 164.43
FactorUnit PriceQuantity Total

47.66 1.1500 3.00
Demolition x x = 46.78 13.56 1.1500 3.00
Existing gauges not functioning
$54,040.13Subtotal for Fire Sprinkler System
General
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt, invoice, or proof of payment shall be submitted with the Price Proposal. 51 $0.00EA
Installation =x x 0.00
FactorUnit PriceQuantity Total

1.00 1.1000 0.00
Bond = $1,861,934 x 2%
01 54 23 00 0004 Scaffolding With Bracing Accessories - Area Based On 4' Wide Sections (CCF / Month)
52 $12,618.55CCF
Installation =x x 12,618.55
FactorUnit PriceQuantity Total

33.15 1.1500 331.00
for access to roof in council chambers 1,656 sqft of space for 2 months 01 54 23 00 0009 >40' To 60' Height Scaffolding Initial Erection And Final Dismantling, Per CCF Of Scaffolding And Accessories
53 $13,920.43CCF
Installation =x x 13,920.43
FactorUnit PriceQuantity Total

72.92 1.1500 166.00
for access to roof in council chambers 1,656 sqft of space for 2 months 01 56 16 00 0002 6 Mil, Plastic Sheeting, Applied To Floors54 $17,480.00SF Installation =x x 17,480.00
FactorUnit PriceQuantity Total

0.38 1.1500 40,000.00
Existing furniture, equipment, and workstations to remain in place during construction and will need to be protected

Page 6 of 7 ends

6/26/2024
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 129837.00
Compton - Fire Alarm System at City Hall
General
01 56 16 00 0003 6 Mil, Plastic Sheeting, Applied To Walls55 $45,080.00SF Installation =x x 45,080.00
FactorUnit PriceQuantity Total

0.49 1.1500 80,000.00
Existing furniture, equipment, and workstations to remain in place during construction and will need to be protected
01 56 16 00 0004 6 Mil, Plastic Sheeting, Applied To Ceilings56 $29,900.00SF Installation =x x 29,900.00
FactorUnit PriceQuantity Total

0.65 1.1500 40,000.00
Existing furniture, equipment, and workstations to remain in place during construction and will need to be protected. Existing ceilings and lighting to be protected (ceiling in council chambers, walkways, along with office space...)
01 56 16 00 0085 38" Wide, 46 Mil Fiberboard, Ram Board® For Temporary Floor Protection57 $11,845.00LF Installation =x x 11,845.00
FactorUnit PriceQuantity Total

1.03 1.1500 10,000.00
for protection of existing building, equipment, furniture, and workstations 01 56 16 00 0092 24" x 36", 30 Layer Sticky Mat58 $4,857.60EA Installation =x x 4,857.60
FactorUnit PriceQuantity Total

42.24 1.1500 100.00
for protection of existing building, equipment, furniture, and workstations 01 74 19 00 0016 40 CY Dumpster (5 Ton) "Construction Debris"Includes delivery of dumpster, rental cost, pick-up cost, hauling, and disposal fee. Non-hazardous material. 59 $16,559.54EA
Installation =x x 16,559.54
FactorUnit PriceQuantity Total
719.98 1.1500 20.00
for demolition debris and construction debris
$152,261.12Subtotal for General
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$1,861,934.97
The Percentage of NPP on this Proposal: %

Page 7 of 7 ends

6/26/2024
Contractor's Price Proposal - Detail
Subcontractor Listing
129837.00
Compton - Fire Alarm System at City Hall
CA-R8-GB-101723-MDJIQC Master Contract #:

Work Order #:

Owner PO #:

Title:

Re:

June 26, 2024Date:

Proposal Value:

Contractor: MDJ Management
$1,861,934.97
%DutiesName of Contractor Amount
COSCO Fire Protection 67.13$1,250,000.00

6.00

Page 1 of 1 ends

6/26/2024
Subcontractor Listing
October 22, 2024
TO: MAYOR AND CITY COUNCIL
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING THE FINAL TRACT MAP NO. 82807 FOR
RECORDATION TO DEVELOP A 60-UNIT ATTACHED RESIDENTIAL
CONDOMINIUM DEVELOPMENT ON A 2.45 ACRE LOT LOCATED
AT 930 WEST COMPTON BOULEVARD

SUMMARY
This resolution of the City Council of the City of Compton approving the Final Tract Map No. 82807 for recordation to create a 60-unit attached residential condominium development on a 2.45 acre lot located at 930 West Compton Boulevard.

BACKGROUND
The City Ventures Company applied for a Tentative Tract Map in accordance with Section 28 of the Compton Municipal Code to develop a 60-unit attached residential condominium development on a 2.45 acre lot located at 930 West Compton Boulevard.

On June 28, 2022, pursuant to Resolution No. 25,685, City Council approved Tentative Tract Map No. 82807. Staff is now recommending that the City Council approved the Final Tract Map No. 82807 based upon the following findings:

FINDINGS FOR APPROVAL OF FINAL TRACT MAP NO. 82807:

In accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Division 13 21000 et seq.) an Initial Study for the project was prepared that identified and evaluated the environmental impacts of the project.

The City of Compton, in its capacity as the Lead Agency, has determined that the proposed project requires a Mitigated Negative Declaration as part of its environmental review. All environmental documents have been processed in accordance with the California Environmental Quality Act (CEQA) guidelines. The approval and subsequent implementation of the project will not have the potential to degrade the quality of the environment with the implementation of the conditions of approval.

12.12.12.12.12. Final Tract Map No. 82807– Staff Report October 22, 2024

Page 2 ends

The proposed use will not be detrimental to the public welfare or the surrounding area.

The proposed redevelopment of the site for a gated 60 unit attached residential condominium project with 10 affordable units will not be a visual detriment to the city or surrounding area.

The proposed redevelopment of the site will remove a blighted property that has been vacant for several decades. Moreover, the site is bordered on three sides by existing residential development and is zoned for high density residential development.

The proposed subdivision for condominium purposes will comply with the proposed General Plan land use designation of General Commercial and existing zoning classification of Limited Commercial with the implementation of the proposed General Plan Amendment and Change of Zone approved by the City Council.

The proposed subdivision for condominium purposes is located on a 2.45 acre site that is physically suitable for residential development and will eliminate long term blighted property and provide greater housing opportunities.

The proposed development shall be contingent on the adoption of the Mitigated Negative Declaration No. 950 approval and adoption of General Plan Amendment Case No. 2021-001, approval and recordation of Tract Map No. 82807, approval of Conditional Use Permit Case No. 2021-008, Change of Zone case No. 2021-003.

The applicant and/or developer shall replace and/or repair sidewalks, curbs, gutters or parkways located adjacent to the subject site along 151 st Street as required and directed by the Public Works Director.

The plan for providing sewer service to the subdivision including all necessary easements and sewer line upgrades, shall be submitted to and approved by the City Engineer and that sewer lines, including upgrades shall be built to City standards.

The proposed development shall comply with all applicable state or federal laws and regulations, including but not limited to the National Pollutant Discharge Elimination System (NPDES) LID, SUSMP, etc) requirements.

The preparation and recordation of the Final Map shall meet all requirements of the Subdivision Map Act and Chapter 28 inclusive of the Compton Municipal Code. The Final Map shall be approved by City Council and recorded prior to issuance of a Building permits excluding all model units.

Final Tract Map No. 82807– Staff Report
October 22, 2024

Page 3 ends

The grading, drainage, and hydrology plans, as required by the Public Works Department, shall be submitted to and approved by the City Engineer prior to submittal of the Final Map.

The project conforms to the State Subdivision Map Act and the State Seismic Hazards Mapping Act (“SHMA”) of 1999 and Chapter 28 of the Compton Municipal Code. The Project conforms to the Subdivision Map Act (Cal. Gov. Code 66410 et seq.).

The resolution approving Tract Map 82807 for the property located at 930 W. Compton Boulevard is hereby approved and shall be in immediate full force after the date of its final passage and adoption by the City Council.

STATEMENT OF THE ISSUE
The Final Map shall be approved by City Council and recorded prior to issuance of a building permits. The preparation and recordation of the Final Map met all requirements of the Subdivision Map Act and Chapter 28 inclusive of the Compton Municipal Code.

The property owner has met all conditions of the Parcel Map and staff is recommending adoption of the attached resolution.

ALTERNATIVE
There are no other alternative is being proposed.

FISCAL IMPACT
Development of the site will result in an increase in property and sales tax revenues to the City.

STAFF RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution.

JOHN STRICKLAND, JR.

DIRECTOR OF PUBLIC WORKS
APPROVED FOR FORWARDING:

WILLIE A. HOPKINS

CITY MANAGER
Attachment: Final Tract Map 82807
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING THE FINAL TRACT MAP NO. 82807 FOR RECORDATION TO DEVELOP A 60-UNIT ATTACHED RESIDENTIAL CONDOMINIUM
DEVELOPMENT ON A 2.45 ACRE LOT LOCATED AT 930 WEST COMPTON

BOULEVARD
WHEREAS,this resolution of the City Council of the City of Compton approving the Final Tract Map No. 82807 for recordation to create a 60-unit attached residential condominium development on a 2.45 acre lot located at 930 West Compton Boulevard; and
WHEREAS, the City Ventures Company applied for a Tentative Tract Map in accordance with Section 28 of the Compton Municipal Code to develop a 60-unit attached residential condominium development on a 2.45 acre lot located at 930 West Compton Boulevard; and
WHEREAS,on June 28, 2022, pursuant to Resolution No. 25,685, City Council approved Tentative Tract Map No. 82807 and staff is now recommending that the City Council approved the Final Tract Map No. 82807 based upon the findings; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Division 13 21000 et seq.) an Initial Study for the project was prepared that identified and evaluated the environmental impacts of the project; and WHEREAS,the City of Compton, in its capacity as the Lead Agency, has determined that the proposed project required a Mitigated Negative Declaration as part of its environmental review; and
WHEREAS,all environmental documents have been processed in accordance with the California Environmental Quality Act (CEQA) guidelines and the approval and subsequent implementation of the project will not have the potential to degrade the quality of the environment with the implementation of the conditions of approval; and WHEREAS,the proposed use will not be detrimental to the public welfare or the surrounding area and the proposed redevelopment of the site for a gated 60 unit attached residential condominium project with 10 affordable units will not be a visual detriment to the city or surrounding area; and
WHEREAS,the proposed redevelopment of the site will remove a blighted property that has been vacant for several decades and moreover, the site is bordered on three sides by existing residential development and is zoned for high density residential development; and
WHEREAS,the proposed subdivision for condominium purposes will comply with the proposed General Plan land use designation of General Commercial and existing zoning classification of Limited Commercial with the implementation of the proposed General Plan Amendment and Change of Zone approved by the City Council; and
WHEREAS, the proposed subdivision for condominium purposes is located on a

2.45 acre site that is physically suitable for residential development and will eliminate long term blighted property and provide greater housing opportunities; and WHEREAS,the proposed development shall be contingent on the adoption of the Mitigated Negative Declaration No. 950 approval and adoption of General Plan Amendment Case No.2021-001, approval and recordation of Tract Map No. 82807, approval of Conditional Use Permit Case No. 2021-008, Change of Zone case No. 2021-003; and
RESOLUTION NO. ____
PAGE 2
WHEREAS,the applicant and/or developer shall replace and/or repair sidewalks, curbs, gutters or parkways located adjacent to the subject site along 151 st Street as required and directed by the Public Works Director; and WHEREAS,a plan for providing sewer service to the subdivision including all necessary easements and sewer line upgrades shall be submitted to and approved by the City Engineer and that sewer lines including upgrades shall be built to City standards; and
WHEREAS,the proposed development shall comply with all applicable state or federal laws and regulations, including but not limited to the National Pollutant Discharge Elimination System (NPDES) LID, SUSMP, etc requirements; and WHEREAS, the grading, drainage, and hydrology plans, as required by the Public Works Department, shall be submitted to and approved by the City Engineer prior to submittal of the Final Map; and
WHEREAS,the preparation and recordation of the Final Map shall meet all requirements of the Subdivision Map Act and Chapter 28 inclusive of the Compton Municipal Code; and
WHEREAS,the Final Map shall be approved by City Council and recorded prior to issuance of a Building permits excluding all model units; and WHEREAS,the project conforms to the State Subdivision Map Act and the State Seismic Hazards Mapping Act (“SHMA”) of 1999 and Chapter 28 of the Compton Municipal Code; and
WHEREAS,the project conforms to the State Subdivision Map Act and the State Seismic Hazards Mapping Act (“SHMA”) of 1999 and Chapter 28 of the Compton Municipal Code; and
WHEREAS,the resolution approving Tract Map 82807 for the property located at 930 W. Compton Boulevard is hereby approved and shall be in immediate full force after the date of its final passage and adoption by the City Council; and WHEREAS,the Parcel Map’s surveyor stated that the Final Parcel Map No. 82807 conforms to the requirements of the State Subdivision Map Act and to the conditionally approved Tentative Parcel Map; and
WHEREAS, the Building & Safety Department has reviewed Parcel Map No. 82807 and determined that the Parcel Map is correct; and WHEREAS, the City Engineer has reviewed Parcel Map No. 82807 and determined that the Map confirms to the approved Tentative Parcel Map No. 82807 and is in compliance with applicable provisions of Chapter 28 of the Compton Municipal Code and of the State Subdivision Map Act; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred and it is necessary that the City Council approve Parcel Map No. 82807.

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

SECTION 1.That the City Council hereby finds that all of the facts set forth in this Resolution are true and correct.

SECTION 2.That the City Council finds the Final Parcel Map No. 82807 to be in substantial compliance with the Tentative Parcel Map, with the State Subdivision Map Act and with the applicable provisions of Chapter 28 of the Compton Municipal Code.

RESOLUTION NO. ____
PAGE 3
SECTION 3.That based on the foregoing findings, the City Council hereby adopts this Resolution approving Parcel Map No. 82807 as presented and further authorizes and direct the City Clerk to certify the adoption of this Resolution.

SECTION 4.That copies of this resolution shall be filed in the offices of the City Manager, Community Development, City Clerk, and Public Works Engineering Department.

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

ADOPTED this ________ day of ____________, 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
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: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSTAINS: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
___________________________________

CITY CLERK OF THE CITY OF COMPTON

A-9COMPTON BLVD & KEMP AVE SITE

COMPTON, CA
0 4 8 16

CITY SUBMITTAL
© 2022 WILLIAM HEZMALHALCH ARCHITECTS, INC. DBA WHA. | 2013039 | 04-25-22 10 Plex | Conceptual Elevations
Front ElevationLeft Elevation
Rear ElevationRight Elevation
BUILDING MATERIAL: TRANSITIONAL
Roof: Parapet
Exterior: Stucco Finish
Deck Accents: Metal Railing
Window & Door Trim: Vinyl
Accents: Fiber Cement Siding, Stone Veneer
Entry Door: Decorative Front Entry Door
Garage Door: Sectional Garage Doors
• Artist's conception; colors, materials,
application, and landscape treatments
may vary.

Color Scheme 1, Refer to Exterior Color /
Material Design prepared by others.
4050 SL
1626 FX
3050 SH
2040 FX
2040 SH
2020 FX
6050 SL
4050 FX
2050 SH 2050 SH
Typical Window Size Reference Legend
8' HDR
8' HDR
8' HDR
October 22, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE PUBLIC WORKS ENGINEERING DEPARTMENT’S 2024- 2025 FISCAL YEAR BUDGET AND AUTHORIZE THE CITY MANAGER TO

ENTER INTO A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES

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

INSPECTION SERVICES FOR THE ARTESIA BOULEVARD OVER ALAMEDA STREET AND ACTA/UPRR BRIDGE REPAIR PROJECT, CIP# 23-01
($335,332.52).

SUMMARY
Adoption of this Resolution will amend the Public Works Engineering Department’s 2024-2025 Fiscal Year Budget and authorize the City Manager to enter into a first amendment to the professional services agreement with and establish a purchase order in the amount of Three Hundred Thirty Five Thousand Three Hundred Thirty Two Dollars and Fifty Two Cents ($335,332.52) to Mark Thomas & Company, Inc. for the provision of construction management and inspection services for the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project, CIP# 23-01.

BACKGROUND
The City of Compton is replacing a section of the Artesia Boulevard Bridge (State Bridge No.53C1744, Los Angeles County Bridge No. 2446), located approximately 600 feet west of Santa Fe Avenue within City limits. Specifically, the Project is located over Alameda Street and the Union Pacific Railroad and the Alameda Corridor’s right-of-ways.

The primary focus of the Project was replacing the section of the bridge known as Span 10, initially presumed to be the sole area affected by the fire. This replacement was necessary due to the severe fire damage sustained to the bridge’s steel girders and supporting connections.

The replacement will be an in-kind concept, using a steel superstructure with rolled steel girders.

On September 26, 2023, pursuant to Resolution No. 25, 906, City Council authorized the City Manager to enter into a construction services agreement with Beador Construction Company, Inc. (Beador) in the amount of $4,819,430.00 to provide the following services in accordance with their specified plans: survey of existing bridge, coordination and protection of utilities with utility companies and railroads, demolition of existing eastern span of existing bridge, including possible lead and asbestos, surface repair of existing substructures, new bearings and steel girders, concrete bridge deck, median, sidewalk, curb, salvage and reset existing steel rail, deck joints, and traffic control.

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

Construction Management/Inspection Services
Artesia Bridge Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01) October 22, 2024, Page 2 of 6
An essential component of the Artesia Bridge Repair project was to obtain the services of a qualified and experienced engineering firm to provide construction management and inspection services.

As a result, on September 26, 2023, pursuant to Resolution No. 25,908, City Council authorized the City Manager to enter into a professional services agreement with and establish a purchase order for Mark Thomas & Company, Inc. for construction management and inspection services for the Artesia Boulevard over Alameda Street and ACTA/UPRR Bridge Repair Project, CIP# 23-01 in the amount of $884,664.

The scope of work for construction management and inspection services included all of the following, but was not limited to:

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

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

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

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

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

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

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

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

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

Provide a list of submittals and responses.

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

Construction Management/Inspection Services
Artesia Bridge Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01) October 22, 2024, Page 3 of 6

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Construction Management/Inspection Services
Artesia Bridge Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01) October 22, 2024, Page 4 of 6
On January 2, 2024, construction commenced to replace damaged portions of the Artesia Boulevard Bridge. Initially, the project focused solely on addressing the damage to Span 10.

However, as work progressed, it became evident that Span 9 had also sustained significant fire-related damages, prompting the expansion of the project scope to encompass both spans as well as other requested work related to the Artesia Bridge Repair project.

On October 1, 2024, pursuant to Resolution No. 26,131, City Council authorized the City Manager to amend the construction service agreement with the contractor to increase funding in the amount of $2,070,361.68 to pay for various change orders due to unforeseen circumstances and additional work that was not included in the initial scope of work. The additional funds were crucial to adequately address the additional work and ensure the project is completed in a timely manner.

The table below outlines the requested change orders along with their anticipated cost:

Change
Order
No.

Description Estimated Cost
1 Security Guard and Miscellaneous Cleanup $ 98,101.76 1-S1 CCO1 Supplement 1 Security and Extra Work $ 53,667.20 2 Remove and Replace Sidewalk $ 7,000.00
2-S1 Remove and Replace Damaged Curb and Gutter $ 50,000.00 3-S1 Electrical Work at Artesia Boulevard $ 271,095.23 3-S2 Electrical Work at Artesia Boulevard $ 25,174.00 4 Removal at Span 9 $ 405,314.74
5 Railroad Insurance $ 5,000.00
6 Remove and Repair Hand Rails $ 250,000.00
7 Fill Void Under Abutment 11 $ 7,500.00
8 Remove and install Joint Seal $ 216,900.00
9 Revised Security Wall Plan $ 130,608.75
10 Asphalt Concrete at Artesia Boulevard $ 550,000.00 Total $2,070,361.68

STATEMENT OF ISSUE
Due to unforeseen circumstances related to construction, Mark Thomas and their subconsultants were also impacted by the increase in additional work incurred as a result of the increase in construction management and inspection services in the amount of $335,332.52. The additional scope of services included:

Mark Thomas
Extension of construction management and inspection services until October 31, 2024 Engineering design for pavement rehabilitation and curb ramps Staff Report – Resolution Authorizing First Amendment Agreement with Mark Thomas & Company, Inc.

Construction Management/Inspection Services
Artesia Bridge Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01) October 22, 2024, Page 5 of 6
Atlas
Core samples for bridge deck, additional concrete testing and sampling and welding inspection under contract change order 4
Provide additional support for the steel gate under contract change order 9 Additional inspection required under contract change order 10 Endemic
Additional inspection due
SoCalGeo
Core samples under contract change order 10
The construction management and inspection cost breakdown is as follows:

Task Description of Work Previous
Budget
Amendment #1 Current Budget
1 Construction Management $428,177.98 $ 0.00 $ 428,177.98 2 Construction Inspection $341,394.02 $ 0.00 $ 341,394.02 3 Survey $ 20,000.00 $ 0.00 $ 20,000.00 099 Reimbursables $ 20,000.00 $ 0.00 $ 20,000.00 100 Atlas: Material
Testing/Sampling
$ 48,892.00 $ 0.00 $ 48,892.00
200 Endemic: Environmental
Services
$ 26,200.00 $ 0.00 $ 26,200.00
001 Construction Management
and Inspection
$ 0.00 $224,207.37 $ 224,207.37
002 Rehab Design $ 0.00 $ 59,443.65 $ 59,443.65 099 Reimbursables $ 0.00 $ 2,000.00 $ 2,000.00 100 Atlas: Construction $ 0.00 $ 24,491.50 $ 24,491.50 200 Endemic: Construction $ 0.00 $ 12,540.00 $ 12,540.00 300 SoCal Geo: Construction $ 0.00 $ 12,650.00 $ 12,650.00 $884,664.00 $335,332.52 $1,219,996.52
Therefore, in order to amend the Public Works Engineering Department’s 2024-2025 Fiscal Year budget and authorize the City Manager to enter into a first amendment to the professional services agreement with and establish a purchase order in the amount of Three Hundred Thirty Five Thousand Three Hundred Thirty Two Dollars and Fifty Two Cents ($335,332.52) to Mark Thomas & Company, Inc. for the provision of construction management and inspection services for the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project, CIP# 23-01, City Council’s authorization is necessary.

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

Construction Management/Inspection Services
Artesia Bridge Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01) October 22, 2024, Page 6 of 6

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

Nonetheless, staff recommends the utilization of professional construction management services for the oversight of the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project, CIP# 23-01. The reason being that this project has significant technical specifications and requirements that require specific and uniquely qualified individuals to oversee and manage the project on a daily basis and the City’s existing organizational structure within the Public Works Engineering Department has limited staff capacity to perform these services nor does it have the workload capacity if fully staffed to manage this project.

FISCAL IMPACT
The Public Works Engineering Department’s 2024-2025 Fiscal Year will be amended as follows:

Increase Expenditures:

Account No. Description Amount
2789-710-041-4300 State Grants $335,332.52
Capital Outlay
Funds in the amount of $335,332.52 will be available in the Public Works Engineering Department’s 2024-2025 Fiscal Year budget in Account No. 2789-710-041-4300.

RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution.

JOHN D. STRICKLAND, JR.,

DIRECTOR OF PUBLIC WORKS
APPROVED FOR FORWARDING:

WILLIE A. HOPKINS, JR.

CITY MANAGER
RESOLUTION NO. ____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE PUBLIC WORKS ENGINEERING DEPARTMENT’S 2024- 2025 FISCAL YEAR BUDGET AND AUTHORIZE THE CITY MANAGER TO

ENTER INTO A FIRST AMENDMENT TO THE PROFESSIONAL

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

MANAGEMENT AND INSPECTION SERVICES FOR THE ARTESIA

BOULEVARD OVER ALAMEDA STREET AND ACTA/UPRR BRIDGE
REPAIR PROJECT, CIP# 23-01 ($335,332.52).

WHEREAS, adoption of this Resolution will amend the Public Works Engineering Department’s 2024-2025 Fiscal Year Budget and authorize the City Manager to enter into a first amendment to the professional services agreement with and establish a purchase order in the amount of Three Hundred Thirty Five Thousand Three Hundred Thirty Two Dollars and Fifty Two Cents ($335,332.52) to Mark Thomas & Company, Inc. for the provision of construction management and inspection services for the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project, CIP# 23-01; and
WHEREAS, the City of Compton is replacing a section of the Artesia Boulevard Bridge (State Bridge No.53C1744, Los Angeles County Bridge No. 2446), located approximately 600 feet west of Santa Fe Avenue within City limits and specifically, the Project is located over Alameda Street and the Union Pacific Railroad and Alameda Corridor’s right-of-ways; and
WHEREAS, the primary focus of the Project was replacing the section of the bridge known as Span 10, initially presumed to be the sole area affected by the fire; and WHEREAS, this replacement was necessary due to the severe fire damage sustained to the bridge’s steel girders and supporting connections; and WHEREAS, the replacement will be an in-kind concept, using a steel superstructure with rolled steel girders; and
WHEREAS, on September 26, 2023, pursuant to Resolution No. 25, 906, City Council authorized the City Manager to enter into a construction services agreement with Beador Construction Company, Inc. (Beador) in the amount of $4,819,430.00 to provide the following services in accordance with their specified plans: survey of existing bridge, coordination and protection of utilities with utility companies and railroads, demolition of existing eastern span of existing bridge, including possible lead and asbestos, surface repair of existing substructures, new bearings and steel girders, concrete bridge deck, median, sidewalk, curb, salvage and reset existing steel rail, deck joints, and traffic control; and
WHEREAS, an essential component of the Artesia Bridge Repair project was to obtain the services of a qualified and experienced engineering firm to provide construction management and inspection services; and
WHEREAS, as a result, on September 26, 2023, pursuant to Resolution No. 25,908, City Council authorized the City Manager to enter into a professional services agreement with and establish a purchase order for Mark Thomas & Company, Inc. for Resolution No. _________

Page 2 ends

construction management and inspection services for the Artesia Boulevard over Alameda Street and ACTA/UPRR Bridge Repair Project, CIP# 23-01 in the amount of $884,664; and
WHEREAS, the scope of work for construction management and inspection services included all of the following, but was not limited to:

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

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

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

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

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

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

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

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

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

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

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

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

12.Quality Assurance/Inspection/Material Testing Services– Observe and monitor all aspects of the project. Notify contractor when work is not in compliance. Prepare daily inspection reports. Provide photographic and video Resolution No. __________

Page 3 ends

13.documentation of construction process. Encourage and stress quality in the constructed product. Provide materials testing services.

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

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

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

Verify contractor pay items. Prepare payment documentation for execution.

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

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

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

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

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

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

23.Project Completion Report – Process final progress payment to contractor. File Notice of Completion. Prepare final report and review project records; and WHEREAS,on January 2, 2024, construction commenced to replace damaged portions of the Artesia Boulevard Bridge.

WHEREAS,initially, the project focused solely on addressing the damage to Span 10 and however, as work progressed, it became evident that Span 9 had also sustained significant fire-related damages, prompting the expansion of the project scope to encompass both spans as well as other requested work related to the Artesia Bridge Repair project; and
WHEREAS,on October 1, 2024, pursuant to Resolution No. 26,131, City Council authorized the City Manager to amend the construction service agreement with the contractor to increase funding in the amount of $2,070,361.68 to pay for various change orders due to unforeseen circumstances and additional work that was not Resolution No. __________

Page 4 ends

included in the initial scope of work and the additional funds were crucial to adequately address the additional work and ensure the project is completed in a timely manner; and WHEREAS,the table below outlines the requested change orders along with their anticipated cost:

Change
Order
No.

Description Estimated Cost
1 Security Guard and Miscellaneous Cleanup $ 98,101.76 1-S1 CCO1 Supplement 1 Security and Extra Work $ 53,667.20 2 Remove and Replace Sidewalk $ 7,000.00
2-S1 Remove and Replace Damaged Curb and Gutter $ 50,000.00 3-S1 Electrical Work at Artesia Boulevard $ 271,095.23 3-S2 Electrical Work at Artesia Boulevard $ 25,174.00 4 Removal at Span 9 $ 405,314.74
5 Railroad Insurance $ 5,000.00
6 Remove and Repair Hand Rails $ 250,000.00
7 Fill Void Under Abutment 11 $ 7,500.00
8 Remove and install Joint Seal $ 216,900.00
9 Revised Security Wall Plan $ 130,608.75
10 Asphalt Concrete at Artesia Boulevard $ 550,000.00 Total $2,070,361.68
; and
WHEREAS,due to unforeseen circumstances related to construction, Mark Thomas and their subconsultants were also impacted by the increase in additional work incurred as a result of the increase in construction management and inspection services in the amount of $335,332.52; and
WHEREAS,the additional scope of services included:

Mark Thomas
Extension of construction management and inspection services until October 31, 2024
Engineering design for pavement rehabilitation and curb ramps Atlas
Core samples for bridge deck, additional concrete testing and sampling and welding inspection under contract change order 4
Provide additional support for the steel gate under contract change order 9 Additional inspection required under contract change order 10 Endemic
Additional inspection due
SoCalGeo
Core samples under contract change order 10; and
Resolution No. __________

Page 5 ends

WHEREAS,the construction management and inspection cost breakdown is as follows:

Task Description of Work Previous
Budget
Amendment #1 Current Budget
1 Construction Management $428,177.98 $ 0.00 $ 428,177.98 2 Construction Inspection $341,394.02 $ 0.00 $ 341,394.02 3 Survey $ 20,000.00 $ 0.00 $ 20,000.00 099 Reimbursables $ 20,000.00 $ 0.00 $ 20,000.00 100 Atlas: Material
Testing/Sampling
$ 48,892.00 $ 0.00 $ 48,892.00
200 Endemic: Environmental
Services
$ 26,200.00 $ 0.00 $ 26,200.00
001 Construction Management
and Inspection
$ 0.00 $224,207.37 $ 224,207.37
002 Rehab Design $ 0.00 $ 59,443.65 $ 59,443.65 099 Reimbursables $ 0.00 $ 2,000.00 $ 2,000.00 100 Atlas: Construction $ 0.00 $ 24,491.50 $ 24,491.50 200 Endemic: Construction $ 0.00 $ 12,540.00 $ 12,540.00 300 SoCal Geo: Construction $ 0.00 $ 12,650.00 $ 12,650.00 $884,664.00 $335,332.52 $1,219,996.52
;and
WHEREAS,the Public Works Engineering Department’s 2024-2025 Fiscal Year budget will be amended as follows:

Increase Expenditures
Account No. Description Amount
2789-710-041-4300 State Grants $335,332.52; and
Capital Outlay
WHEREAS,funds in the amount of $335,332.52 will be available in the Public Works Department 2024-2025 Fiscal Year budget in Account No. 2789-710-041-4300; and
WHEREAS,in order to amend the Public Works Engineering Department’s 2024-2025 Fiscal Year budget and authorize the City Manager to enter into a first amendment to the professional services agreement with and establish a purchase order in the amount of Three Hundred Thirty Five Thousand Three Hundred Thirty Two Dollars and Fifty Two Cents ($335,332.52) to Mark Thomas for the provision of construction management and inspection services for the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project, CIP# 23-01, City Council’s authorization is necessary.

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

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

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

Resolution No. __________

Page 6 ends

SECTION 3. That revenues were already budgeted in the Public Works Engineering Department’s 2024-2025 Fiscal Year budget and that the request to increase expenditure appropriations is from revenue appropriations already budgeted for in that fund in account 2789-000-041-3569 Other State Grants as follows:

Increase Expenditures
Account No. Description Amount
2789-710-041-4300 State Grants $335,332.52
Capital Outlay
SECTION 4.That funds in the amount of $335,332.52 will be available in the Public Works Department 2024-2025 Fiscal Year budget in Account No. 2789-710-041- 4300.

SECTION 5.That a purchase order in the amount of $335,332.52 is authorized to be established for Mark Thomas & Company, Inc for services performed for the Artesia Boulevard over Alameda Street and ACTA/UPRR Bridge Repair Project, CIP# 23-01.

SECTION 6.That copies of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and the Public Works Engineering Department.

SECTION 7.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.

ADOPTED this ______ day of _____________, 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 to by the City Clerk, at a regular meeting thereof held on the ______ day of _________________, 2024.

Resolution No. __________

Page 7 ends

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

AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
____________________________________

CITY CLERK OF THE CITY OF COMPTON

September 19, 2024 File No. 23-00206

Mr. John Strickland
City of Compton
Public Works Department
205 S. Willowbrook Avenue
Compton, CA 90220

RE: CITY OF COMPTON – ARTESIA BLVD OV ER ALAMEDA STREET & ACTA/UPRR BRIDGE REPAIR PROJECT (CIP NO. 23-01)

Dear Mr. Strickland,

Please see the attached Amendment Request No. 1 cost proposal for the remaining Mark Thomas services on the project, which is currently esti mated to end on October 31, 2024. The contract for construction management and inspection services for the project was executed by the City in September 2023 and construction began in January 2024. The project was making significant progress until we encountered several unforeseen issues that required additional scope for Mark Thomas and our subconsultants as listed below and previously approved by the City.

Mark Thomas
 Extension of construction management and inspection services until October 31, 2024.  Engineering design for pavement rehabilitation and curb ramps.

Atlas
 Core samples for Bridge deck, additional concrete testing and sampling, and welding Inspection under CCO 4.
 Provided and will provide additional support for the steel gate under CCO 9.  Additional inspection required under CCO 10.

Endemic
 Additional inspection due to presence of protected species in the area.

SoCalGeo
 Core samples under CCO 10 that is not written yet, waiting for costs from the contractor.

Mark Thomas is requesting an additional funding am ount of $335,332.52 for the extension of the project completion date due to unforeseen items that were en countered during construction. A breakdown for this extension is shown below:

Phase Task Description of Work Previous
Budget
Amendment
#1
Current
Budget
100 001 Construction Management $428,177.98 $0.00 $428,177.98 100 002 Construction Inspection $341,394.02 $0.00 $341,394.02 100 003 Survey $2 0,000.00 $0.00 $20,000.00
100 099 Reimbursables $20,000.00 $0.00 $20,000.00
100 100 Atlas: Materials Testing/ Sampling $48,892.00 $0.00 $48,892.00 100 200 Endemic: Environmental Ser vices $26,200.00 $0.00 $26,200.00 200 001 Construction Management and
Inspection
$0.00 $224,207.37 $224,207.37
200 002 Rehab Design $0.00 $59,443.65 $59,443.65
200 099 Reimbursables $0.00 $2,000.00 $2,000.00
200 100 Atlas: Construction $0.00 $24,491.50 $24,491.50 200 200 Endemic: Construction $0.00 $12,540.00 $12,540.00 200 300 SoCal Geo: Construction $0.00 $12,650.00 $12,650.00

$884,664.00 $335,332.52 $1,219,996.52

If you have any questions, please feel free to contact me at (925) 325-3868.

Sincerely,

MARK THOMAS

Eric Lilly, PE, CCM
Division Manager

Sr. Engineering
Manager
Technical Lead
Design Engineer II
Design Engineer I
M. Rousta
Sr. Resident Engineer
D. Brown
Inspector ‐ CM*
S. De La Torre
Inspector ‐ CM*
S. Gonzalez
Inspector ‐ CM*
Sr. Project
Accountant
Sr. Project
Coordinator
Atlas
Endemic
SoCal Geo
$399.00 $224.70 $149.10 $120.75 $298.73 $251.00 $181.16 $275.61 $153.30 $152.25

1.0 AMENDMENT #1

1.1 Construction 320 320 80 116 4 8 848 $224,207.37 24,492            12,540        12,650        $273,888.87

1.2 Rehab  Design 16 28 180 160 1 3 388 $59,443.65 ‐                      ‐                    ‐                    $59,443.65 Subtotal Phase 1 16 28 180 160 320 320 80 116 5 11 1236 $283,651.02 $24,492 $12,540 $12,650 $333,332.52 TOTAL HOURS 16 28 180 160 320 320 80 116 5 11 1236
OTHER DIRECT COSTS $2,000.00 $0 $0 $0 $2,000.00
TOTAL COST $6,384 $6,292 $26,838 $19,320 $95,594 $80,319 $14,493 $31,970 $767 $1,675 $285,651.02 $24,491.50 $12,540.00 $12,650.00 $335,332.52 COST PROPOSAL FOR PROJECT SCOPE: COMPTON‐Artesia Bridge AM #1 TOTAL COST
Subconsultants
Total
Hours
Total MT
Cost

FIRST AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

CITY OF COMPTON
AND
MARK THOMAS & COMPANY, INC.

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

RECITALS:

WHEREAS, the City will be implementing the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01), which consists of improvements to a specific street within an area in the City; and
WHEREAS, the City has identified a need for a qualified and experienced engineering consulting firm to provide construction management and construction inspection services for the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01); and
WHEREAS, Consultant (Mark Thomas & Company, Inc.) warrants that it is specifically trained, experienced, competent, and has the resources to provide construction management and inspection services on the Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project (CIP #23-01); and
WHEREAS, City desires to engage Consultant to provide these services by reason of its qualifications and experience in performing such services; and WHEREAS, by Resolution No. 25,908 adopted on the 26 th, of September 2023, the City Council authorized the City Manager to accept the proposal of the Consultant and enter into a professional services agreement to provide the necessary services; and WHEREAS, there is a need to amend the original agreement to provide additional design services and provide additional compensation in the amount of $335,332.52.

WHEREAS, by Resolution No. _____, adopted on the ___ day of October 2024, the City Council authorized the City Manager to enter into a first (1 ST ) amendment to the professional services agreement with Consultant; and
WHEREAS, Consultant warrants that it is specifically trained, experienced, competent, and has the resources to provide such services which will be required by this project; and WHEREAS, Consultant is willing to render such professional services subject to the terms and conditions set forth in this Agreement.

NOW, THEREFORE, Consultant and City, for the consideration, terms and conditions herein described, do hereby mutually agree to amend the original Agreement as follows:
1st Amendment to Professional Services Agreement – Mark Thomas & Company, Inc.

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

1.The parties agree to amend Section 1 – Services to be rendered by Consultant of the original Agreement to identify the services to be rendered by the Consultant during the extended term of the Agreement, as specified in Consultant’s “Proposal for Construction Management and Inspection Services for the Artesia Boulevard Over Alameda Street & ACTA/UPRR Bridge Repair Project (CIP# 23-01), dated September 19, 2024, which is attached hereto and incorporated herein.

2.The parties agree to amend Section 2 – Duration of Contract of the original Agreement Agreement to extend the term of the Agreement to continue provisions of the contracted services to completion, including, but not limited to the mutually accepted final contract figures, filing of the Notice of Completion.
with the Los Angeles County Recorder’s Office and processing the City’s authorization for release of the Project construction contractor’s retention funds withheld for this Project.

3.The parties agree to amend Section 3 – Compensation of the original Agreement to provide additional compensation to Consultant for services rendered during the extended term of the original Agreement, as specified above, in the not-to-exceed amount of Three Hundred Thirty Five Thousand Three Hundred Thirty Two Dollars and Fifty Two Cents ($335,332.52).

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

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

MARK THOMAS & COMPANY, INC./CONSULTANT
Dated: _______________By ___________________________________________ Eric Lilly, PE, CCM, Division Manager

CITY OF COMPTON
Approved by:

Dated: _______________By ___________________________________________ Willie A. Hopkins, Jr., City Manager
1st Amendment to Professional Services Agreement – Mark Thomas & Company, Inc.

Construction Management/Inspection Services
Artesia Boulevard Over Alameda Street and ACTA/UPRR Bridge Repair Project CIP# 23-01 Public Works/Resolution No.____
3 Approved as to form:

By _________________________________Dated: ______________ Eric J. Perrodin, City Attorney
ATTEST:

Dated: ___________________ By _____________________________________ Vernell McDaniel, City Clerk
October 22, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COMPTON ACCEPTING THE PROPOSAL OF MV
TRANSPORTATION, INC., AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO A 3-YEAR FIXED ROUTE TRANSIT

SERVICES AGREEMENT AND ISSUE A PURCHASE ORDER

FOR THE OPERATION AND MAINTENANCE OF THE
COMPTON RENAISSANCE TRANSIT SYSTEM ($6,847,870).

SUMMARY
This resolution will accept the proposal submitted by MV Transportation, Inc. and authorize the City Manager to enter into a three (3) year (i.e. November 18, 2024 through November 19, 2027), fixed route transit service agreement with an option to extend said agreement for two (2) one (1) year periods, and issue a purchase order in the amount of $2,149,805 for services to be rendered during the first contract year for the operations and maintenance of the Compton Renaissance Transit System.

BACKGROUND
The Compton Renaissance Transit System was developed in October 1995 and developed in conformance with the Public Transportation section of the Circulation Element of the General Plan.

The City of Compton’s Renaissance Transit System service has been an integral part of the community for 29 years serving both residents of Compton and adjoining communities. The Renaissance Fixed Route Transit System provides feeder service to the regional and sub-regional transit system, as well as the Metropolitan Transit Authority (MTA) A Line Light Rail Transit System and the Regional Bus Transit System.

The Renaissance Transit Bus System consist of five (5) routes citywide and is currently maintained and operated by MV Transportation, Inc. MV Transportation, Inc. operates the Renaissance Transit Service from 6:00 am to 6:00 pm each weekday and from 9:00 am to 3:00 pm on Saturdays using the City’s fleet of 5 Compressed Natural Gas buses.

MV Transportation has been operating the Renaissance Transit Buses since 2003 and has been committed to providing good service to the City of Compton. MV Transportation has a long standing team dedicated to the management and operation of the Compton service based in MV Transportation’s Long Beach, CA location. The current agreement with MV Transportation expires on November 19, 2024.

14.14.14.14. Staff Report – Authorize Contract with
MV Transportation, Inc./Operation of
Compton Renaissance Transit System
October 22, 2024
Page | 2
On July 10, 2024, the Public Works Engineering Department advertised a “Request For Proposals” for the operation and maintenance of the Compton Renaissance Fixed Route Transit System for a period of three (3) years with two (2) one (1) year options.

The RFP requested that the Contractor (s) proposal include the following:
Qualifications
Management Structure and Key Personnel
Financial Viability
Operations Plan
Storage and Maintenance Program
CNG Experience and Management Plan
Cost
On August 7, 2024, the City received one (1) proposal summarized as follows:

Name of
Company
Ranking 1st Year 2nd Year 3rd Year Total Bid
MV
Transportation,
Inc.
1 $2,149,805 $2,293,777 $2,404,288 $6,847,870
over 3 years
Qualifications
MV Transportation, Inc. is a leading passenger transportation contractor in North America, with substantial presence of 138 operating contracts throughout the United States. MV is a U.S. owned and privately held company founded in California. They operate as a contractor to public and private sector partners and are responsible for turnkey management, operations, and maintenance function. MV Transportation, Inc. has provided great service to the City of Compton operating the Compton Renaissance Transit System.

Management Structure and Key Personnel
MV Transportation will leverage the staff resources at its Long Beach, CA operation to provide the City with access to the General Manager, Operations Manager/Site Supervisor, Maintenance Manager, Safety and Training Manager, and the Regional Vice-President to provide regional and corporate support to the City.

Additionally, MV Transportation will make special efforts to attract qualified operators from Compton to fill open positions. These efforts include publication of notice in the local press, local media advertisements and posted notices, and notification at the local unemployment office of available positions.

Staff Report – Authorize Contract with
MV Transportation, Inc./Operation of
Compton Renaissance Transit System
October 22, 2024
Page | 3
Financial Viability
MV Transportation’s financial position is solid and the company has the financial resources and wherewithal to meet its financial obligations. MV Transportation has no adverse financial conditions, including bankruptcy or insolvency.

Operations Plan
MV Transportation performs all administrative and maintenance from its facility located at its Long Beach, CA location. MV Transportation location reduces overall cost for the City and ensures timely response to any service issues. MV Transportation will enhance service quality through improved feedback on operator performance and quarterly operational meetings.

Storage and Maintenance Program
MV Transportation base operations, dispatching, training, maintenance, cleaning, fueling, and vehicle storage from its current facility located at 1850 East 33 rd Street, Long Beach, CA 90807. This facility provides approximately 46,194 square feet, including parking lots, and the operations facility is 3,447 square feet. There are two maintenance bays and a bus wash.

CNG Experience and Management Plan
MV Transportation has specific CNG training programs administered by the Maintenance Manager. The Maintenance Manager ensures proper procedures are followed that include detailed instructions on the proper use of engine oil for alternatively fueled vehicles. MV Transportation has developed an excellent relationship with the Natural Gas Vehicle Institute and vendors to provide training in the maintenance, diagnosis and repair of compressed natural gas vehicles.

Cost
The cost to provide operation and maintenance of the Compton Renaissance Transit System for a three year period is as follows:
1st Year 2nd Year 3rd Year Total Cost
$2,149,805 $2,293,777 $2,404,288 $6,847,870
over 3 years
Staff Report – Authorize Contract with
MV Transportation, Inc./Operation of
Compton Renaissance Transit System
October 22, 2024
Page | 4

STATEMENT OF THE ISSUE
Upon review of the proposal, staff has determined that it is in the best interest of the City of Compton to accept the proposal submitted by MV Transportation, Inc for $2,149,805 - 1 st Year, $2,293,777 – 2 nd Year, and $2,404,288 - 3 rd Year. Additionally, the City, at its discretion, may elect to exercise two (2) one year options at a cost of $2,521,834 - Option Year 1 and $2,648,818 – Option Year 2.

Therefore, the Public Works Engineering Department is requesting the City Council’s authorization to enter into a three (3) year fixed route transit agreement with MV Transportation, with two (2) one (1) year extension options and issue a purchase order in an amount of $2,149,805 for services to be rendered in the first contract year to continue providing operations and maintenance for the Renaissance Transit System which serves as a feeder to the regional and sub-regional transit system for the residents of Compton and adjoining communities.

FISCAL IMPACT
The total cost for the operations and maintenance of the Compton Renaissance Fixed Route Transit System for a three (3) year period is Six Million Eight Hundred Forty Seventy Thousand Eight Hundred and Seventy Dollars ($6,847,870). The City is also requesting an additional $200,000 annually for fuel and other requested services by the City. As referenced above, if the two (2) one (1) year options are exercised, the cost will be $2,521,834 for Option Year 1 and $2,648,818 for Option Year 2.

Operation of the Compton Renaissance Fixed Route Transit System is funded by the Proposition A program. Proposition A is the ½ cent sales tax measure that was approved by the voters in Los Angeles County to finance a Transit Development Program in 1980.

Twenty-five percent of the Proposition A ½ cent sales tax is designated for the Local Return Program funds to be used by cities and the County in developing and/or improving public transit, paratransit, and related transportation infrastructure.

Proposition A Local Return Program is administered by the Los Angeles County Metropolitan Transportation Authority (LACMTA). Funds are distributed directly to the cities on a “per capita” basis. Proposition A funds are distributed on a monthly basis. In Fiscal Year 2024-2025 the City of Compton will receive $2,636,000.

Therefore, funds in the amount of $2,000,000 are available in Public Works Engineering Department’s 2024-2025 fiscal year budget in Account No. 2000-710-000-4266. The remaining $149,805 will be available in future city budgets. Additionally, $200,000 will also be available in future city budgets for fuel and other requested services by the City.

Funds for the remaining term of the contract including the two (2) one (1) year options to renew will be available in future city budget.

Staff Report – Authorize Contract with
MV Transportation, Inc./Operation of
Compton Renaissance Transit System
October 22, 2024
Page | 5

RECOMMENDATION
Staff recommends the adoption of the attached Resolution.

JOHN D. STRICKLAND, JR.

DIRECTOR OF PUBLIC WORKS

APPROVED FOR FORWARDING
WILLIE A. HOPKINS, JR.

CITY MANAGER
RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ACCEPTING THE PROPOSAL OF MV TRANSPORTATION, INC. AND

AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIXED ROUTE

TRANSIT SERVICE AGREEMENT AND ISSUE A PURCHASE ORDER

FOR THE OPERATION AND MAINTENANCE OF THE COMPTON
RENAISSANCE TRANSIT SYSTEM ($6,847,870).

WHEREAS, the Compton Renaissance Transit System was developed in October 1995 and in conformance with the Public Transportation section of the Circulation Element of the General Plan; and
WHEREAS, the City of Compton’s Renaissance Transit System has been an integral part of the community for 29 years serving both residents of Compton and adjoining communities; and
WHEREAS, the Renaissance Fixed Route Transit System provides feeder service to the regional and sub-regional transit system as well as the Metropolitan Transit Authority (“MTA”) A Line Light Rail Transit System and the Regional Bus Transit System; and
WHEREAS, the Renaissance Transit Bus Systems consisting of five (5) routes citywide and is currently maintained and operated by MV Transportation, Inc. and operates the Renaissance Transit Service from 6:00 am to 6:00 pm each weekday and from 9:00 am to 3:00 pm on Saturdays using the City’s fleet of 5 CNG buses; and WHEREAS,MV Transportation, Inc. has been operating the Renaissance Transit Buses since 2003 and has been committed to providing good service to the City of Compton and the current agreement with MV Transportation expires on November 18, 2024; and
WHEREAS,on July 10, 2024, the Public Works Engineering Department advertised a “Request For Proposals” for the operation and maintenance of the Compton Renaissance Fixed Route Transit System for a period of three (3) years with two (2) one (1) year options; and
WHEREAS,upon review of the proposal, staff has determined that it is in the best interest of the City of Compton to accept the proposal submitted by MV Transportation, Inc for $2,149,805 - 1 st Year, $2,293,777 – 2 nd Year, and $2,404,288 - 3rd Year . Additionally, the City, at its discretion, may elect to exercise two (2) one year options at a cost of $2,521,834 - Option Year 1 and $2,648,818 – Option Year 2; and WHEREAS,MV Transportation is the largest American owned transportation company and the largest provider of privately contracted paratransit and fixed route services in California; and
WHEREAS,the total cost of the operations and maintenance of the Compton Renaissance Fixed Route Transit System for a three (3) year period is Six Million Eight Hundred Forty Seven Thousand Eight Hundred Seventy Dollars ($6,847,870); and WHEREAS,the City is also requesting an additional $200,000 for fuel and other requested service by the City; and
WHEREAS,funds in the amount of $2,000,000 to operate the Compton Renaissance Transit System for the first contract year are available in the Public Works Department 2024-2025 fiscal year budget through the Proposition A Local Return Program funds in Account No. 2000-710-000-4266, the remaining $149,805 will be available in future city budgets; and an additional $200,000 annually will also be available in future city budgets for fuel and special services requested by the City; and

RESOLUTION NO. _________
PAGE 2
WHEREAS,the Public Works Engineering Department is requesting City Council authorization to enter into an agreement with MV Transportation and issue a purchase order in an amount of $2,149,805 to continue providing operations and maintenance for the Renaissance Transit System which serves as a feeder to the regional and sub-regional transit system for the residents of Compton and adjoining communities.

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

Section 1.That the proposal of MV Transportation, Inc. to provide the operation and maintenance of the Compton Renaissance Transit System is hereby accepted.

Section 2.That the City Manager is authorized, upon the advice and consent of the City Attorney to execute a three (3) year contract (November 19, 2024 through November 18, 2027), with an option to extend the contract for two (2) one (1) year extensions, with MV Transportation, Inc. for the operation and maintenance of the Compton Renaissance Transit System.

Section 3.That the agreed costs for services to be rendered during the term of the contract are as follows: 1 st year - $2,149,805; 2 nd year - $2,293,777; and, 3 rd year - $2,404,288. Should the extension options be exercised, the costs of each extension are as follows: Option Year 1 - $2,521,834 and Option Year 2 - $2,648,818.

Section 4.That a purchase order is hereby authorized to be issued to MV Transportation, Inc. in an amount not to exceed Two Million One Hundred Forty Nine Thousand Eight Hundred and Five Dollars ($2,149,805) for the services to be rendered during the first year of the contract.

Section 5.That a purchase order is hereby authorized to be issued in the amount of Two Hundred Thousand Dollars ($200,000.00) for fuel and special services requested by the City.

Section 6.That funds in the amount of $2,000,000 are available in the Public Works Engineering Department’s 2024-2025 Fiscal Year budget in Account No. 2000- 710-000-4266 for services rendered during the first year of the contract and funds in the amount of $149,805 will be available in future city budgets.

Section 7.That funds in the amount of $200,000 will be available in the Public Works Engineering Department future city budgets for fuel and special services requested by the City.

Section 8.That funds needed for the remaining years including the two (2) one year options of the contract shall be appropriated in future City budgets.

Section 9.That a copy of this Resolution shall be forwarded to the offices of the City Manager, City Controller, City Clerk, City Attorney and the Public Works Engineering Department.

Section 10.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
RESOLUTION NO. _________
PAGE 3
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 certifies that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the _______ day of __________________, 2024.

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

AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSTAINS: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
____________________________________

CITY CLERK OF THE CITY OF COMPTON

AGREEMENT FOR FIXED ROUTE TRANSIT SERVICES

BETWEEN
MV TRANSPORTATION, INC.

AND

CITY OF COMPTON
[COMPTON RENAISSANCE FIXED ROUTE TRANSIT SYSTEM]

TABLE OF CONTENT
Section 1.Parties to the Agreement
Section 101. Parties to the Agreement
Section 102. Representatives of the Parties
Section 2.Definitions
Section 3.Term of Agreement
Section 4.Scope of Services
Section 401. Special Services
Section 5.Responsibilities of the Transit Contractor
Section 501. Operation of Vehicles
Section 502. Driver Responsibilities
Section 503. Driver Qualifications and Training
Section 504. Driver compliance with Applicable Laws and Regulations Section 505. Project Manager
Section 506. Site supervisor
Section 507. Dispatcher
Section 508. Supervisorial and Management Responsibilities Section 6.Vehicles, Materials and Equipment
Section 601. Vehicles
Section 602. Maintenance
Section 603. Warranty and Repairs
Section 604. Materials and Equipment
Section 7.Performance Standards
Section 701. Vehicles
Section 702. Service
Section 703. Incentives
Section 704. Preventable Accidents
Section 705. Fare Collection
Section 706. Specific Criteria for On-Time Performance
Section 707. Passenger Assistance and Lift Operation
Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
2 Section 708. Route and Schedule Adherence
Section 709. Courtesy and Cooperation
Section 8.Reporting, Accounting, Auditing
Section 801. Maintenance and Inspection of Records
Section 802. Daily Logs
Section 803. Monthly Summaries and Reports
Section 804. Quarterly Reports
Section 805. National Transit Database (NTD) Annual Reporting Section 806. Disadvantage Business Enterprise (DBE) Report Section 807. Equal Employment Opportunity (EEO)/Affirmative Action Report Section 808. Accounting
Section 809. Audits
Section 9.Responsibilities of the City
Section 901. Establishment of Service policies and Procedures Section 902. Vehicles
Section 903. Marketing and Outreach
Section 904. Monitoring, Inspection and Audits
Section 905. Determination
Section 906. Resolution of Complaints
Section 907. Counting Fares and Verifying Fare Collection Efforts Section 10.Liquidated Damages
Section 1001. Damages of $750 per Incident
Section 1002. Liquidated Damages of $500 per Incident
Section 1003. Liquidated Damages of $50 per Incident
Section 1004. Liquidated Damages of $25 per Incident
Section 1005. Specific Performance Related Penalties and Liquidated Damages Section 1006. Exceptions to Liquidated Damages
Section 11.Insurance
Section 1101. Liability Insurance
Section 1102. Endorsements and Certificates of Insurance Section 1103. Workers’ compensation Insurance
Section 1104. Indemnification and Hold Harmless
Section 12.Compensation
Section 1201. Liquidated Damages and Adjustments
Section 1202. Payment Schedule
Section 13.Subcontracting, Delegation and Assignment
Section 1301. Conditions for Permission to Assign
Section 1302. Prohibitions of Assignment
Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
3 Section 1303. Acceptable Assignments
Section 14.Termination, Suspension and Cancellation
Section 1401. Status of Notice to Terminate
Section 1402. Compensation During Period of Order to Cease and Desist Section 1403. Termination for Cause
Section 1404. Costs of Replacement Service
Section 1405. Termination for Extraordinarily Poor Performance Section 1406. Termination for Unavailability of Funds
Section 15.Compliance with Applicable Laws and Regulations Section 1501. Contractor’s compliance
Section 1502. Licenses and Permits
Section 16.Independent Contractor/Confidentiality
Section 17.Conflict of Interest
Section 18.Non-Discrimination
Section 1801. Affirmative Action
Section 19.Resolution of Disputes
Section 1901. Binding Arbitration
Section 1902. Legal Remedies
Section 20.Notices
Section 21.Americans with Disabilities Act (ADA)
Section 22.Debarment/Suspension Status
Section 23.Equal Employment Opportunity (EEO)
Section 24.Disadvantage Business Enterprise
Section 25.Rationing and Emergency Situations
Section 26.Protection of Interests
Section 27.Changes in Contractual Status
Section 2701. Monthly Agreed-Upon Changes and Amendments Section 2702. Compliance
Section 2703. Waiver
Section 2704. Severability
Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
4 Section 28.Force Majeure
Section 29.Entire Agreement
Section 30.Exhibits
Exhibit 1Map/Schedule of Renaissance Transit System Lines and Routes (REMAINDER OF THIS PAGE INTENTIONALLY BLANK)
Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
5 AGREEMENT FOR

FIXED ROUTE TRANSIT SERVICES

BETWEEN

CITY OF COMPTON
and
MV TRANSPORTATION, INC.
[COMPTON RENAISSANCE FIXED ROUTE TRANSIT SYSTEM]
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 MV TRANSPORTATION, INC., a California Corporation (hereinafter referred to as “Transit Contractor” or "Contractor"), located at 750 Mason Street, Suite 105, Vacaville, California 95688.

RECITALS:

WHEREAS, the City desires to provide fixed route transit service within and nearby the City of Compton, in coordination with other transportation services available in or near the City in order to facilitate the use of the entire network of such transportation services by residents of and visitors to the City; and
WHEREAS, the Transit Contractor has represented that it has the resources, equipment, management personnel and operating personnel, as well as the technical expertise and operating experience necessary to provide such services; and WHEREAS, the Transit Contractor desires to provide such services as are described within this Agreement to the City according to the terms of this Agreement; and WHEREAS, the City wishes to engage the Transit Contractor to provide these services to the City according to the terms of this Agreement; and WHEREAS, by Resolution No.______ adopted on the ____ day of October 2024, the City Council authorized the City Manager to enter into a three (3) year contract, with two (2) one (1) year renewal options, with the Transit Contractor for the operation and maintenance of the Compton Renaissance Fixed Route Transit System.

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

AGREEMENT:

The Transit Contractor shall perform the services hereinafter indicated in accordance with the terms and condition of this Agreement (hereinafter referred to as “Contract” or “Agreement”), including the terms and conditions included in the City’s Request for Proposal, any addenda to the Request for Proposal, the Contractor’s initial Proposal and Best and Final Offer, all of which, individually and collectively, are by this reference made a part hereof (hereinafter referred to as “Contract Documents”). In the case of any discrepancy among the Contract Documents, the terms and conditions of the Contract shall control.

Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
6 1. PARTIES TO THE AGREEMENT:

Section 101: The Parties to this Agreement are:

The CITY OF COMPTON, a municipal corporation, having its principal office at 205 South Willowbrook Avenue, Compton, California 90220; and MV TRANSPORTATION, INC., a California Corporation, having its principal offices at 750 Mason Street, Suite 105, Vacaville, California 95688.

Section 102: Representatives of the Parties
The representatives of the respective parties who are authorized to administer this Agreement and the services governed by it and to whom formal notices, demands and communications shall be directed are as follows:

City of Compton City of Compton
205 South Willowbrook Avenue 205 South Willowbrook Avenue Compton, California 90220 Compton, California 90220
Attn: Director, Department of Public Works Attn: City Manager (310) 605-5505 (310) 605-5585
(310) 605-6326 – fax. (310) 761-1429 – fax.

MV Transportation, Inc. MV Transportation, Inc.
750 Mason Street, Suite 105 2024 College Street
Vacaville, California 95688 Elk Horn, IA 51531
Attn: Chief Executive Officer Attn: Contracts Administrator (972) 391-4911 (712) 764-3779
(972) 391-4960 - fax. (707) 646-7942 – fax.

Any change made by either party in the authorized representatives or addresses or telephone numbers will be communicated by the party making the change to the other party in writing within five (5) days of the information being made available to the changing party as provided in Section 20 of this Agreement.

2. DEFINITIONS:

The following definitions govern this Agreement:
“Commencement Date” – The date the Contractor begins the operation of fixed route services under this Agreement.
"Deadhead Time/Mileage" - Time or distance - this is the service hours during which vehicles are transported to their appropriate starting and ending points, to and from which they will be placed into passenger service; other non-service use of vehicles such as shuttling a vehicle to and from maintenance, cleaning, or refueling facilities; refueling time; and transporting of a spare vehicle to replace a vehicle that is out of service. The Transit Contractor will not be compensated for Deadhead Time or Deadhead Mileage.

Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
7 "Idle Time" - Portions of passenger service during which vehicles are not in motion, either when they are waiting to start a new run, when they are ahead of schedule, like the Compton Transit Center Metro Rail Station, following an accident or serious incident, obstructed by traffic or other barriers (for example, at railroad crossings), or otherwise not in motion for reasons of safety, security, or upon instruction from the Dispatcher. Passengers may or may not be on board the vehicle during Idle Time. The Transit Contractor shall be fully compensated for all Idle Time occurring between the beginning and ending of passenger service except for the time that a principal vehicle spends awaiting repairs after a replacement vehicle has arrived and assumed transportation of the passengers of the inoperative vehicle. "Passenger Service" - That portion of total vehicle usage for which the Transit Contractor shall be compensated, according to the terms of this Agreement. It includes those hours during which the vehicles are available for the boarding, de-boarding or transportation of passengers. "Passenger Service" includes Idle Time but excludes Deadhead Time. “Project Manager” - Contractor’s full-time employee in charge of directing and supervising the operation and performance of service.
"Site Supervisor" or “General Manager” - The bidder's full-time employee in charge of the on-site management and monitoring of service.
“Special Services” - The services provided by the Contractor that are in addition to the regular services on the routes and lines identified in Exhibit 1. “Vehicles" - Buses that are used by the Transit Contractor to provide the service described within this Agreement.
“Vehicle Check-outs” - Formal, specific driver inspection of vehicles, be conducted by drivers prior to each vehicle's placement into Passenger Service. The time spent on this activity shall be considered Deadhead Time.
“Vehicle Service Hours” or “Vehicle Hour” - Those hours during which the vehicles are deployed in Passenger Service.

3. TERM OF AGREEMENT:

This Agreement shall commence on November 19, 2024 and shall continue for three (3) years (November 19, 2024 through November 18, 2027). The Contract term is contingent upon acceptable performance and subject to the provisions governing termination, cancellation, modification, and force majeure as described and defined in subsequent sections of this Agreement. At the discretion of the City, and with the agreement of the Contractor, this Agreement may be extended for two (2) one (1) year extensions. The City shall notify the Contractor in writing, at least 90 days prior to the end of the third contract year, whether it intends to exercise one or more of the extension years. If only the first extension year is exercised at the time, the City shall provide a similar notice to the Contractor at least 90 days prior to the end of the first extension year. The City also reserves the right to exercise any extension on a month-to-month basis.

Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
8 4. SCOPE OF SERVICES:

The Transit Contractor shall provide fixed route transit service to major employment centers, schools, colleges, universities, recreational facilities, shopping centers and other destinations, according to the characteristics of such service as described in this Agreement.

Regular services on routes and lines are set forth in “Exhibit 1,” which is attached hereto and incorporated herein.

The Transit Contractor may deviate from the characteristics of this service only when it has received written approval from the City, or when verbally instructed by the City to do so, as in cases of emergency or circumstances beyond the City's control, including but not limited to the lack of available funds to continue to support the service described herein at the levels defined within this Agreement.

The service provided shall be in strict accordance with the standards set forth in Section 7 of this Agreement, and shall be subject to the liquidated damages as set forth in Section 10 of this Agreement as well as the provisions for Termination and Cancellation as set forth in Section 14 of this Agreement. Otherwise, provision of service under this Agreement shall be governed by the terms contained in all sections of this Agreement, including attachments hereto.

Compensation of the Transit Contractor for services provided under this Agreement shall be governed by terms set forth in Section 12 of this Agreement.

Section 401: Special Services
The City may, at its discretion, request the Contractor to operate special services that are in addition to the lines and routes set forth in Exhibit 1. Any such a request shall be made in writing, and shall be made not less than 10 days in advance of the date the special services will be needed.

5. RESPONSIBILITIES OF THE TRANSIT CONTRACTOR:

Section 501: Operation of Vehicles
The time of operations will be between the hours 6:00 A.M. to 6:00 P.M. (12 hours) Monday through Friday and from 9:00 A.M. to 3:00 P.M. (6 hours) on Saturdays with no services on Sundays, Christmas Day, Thanksgiving, New Years Day, Memorial Day, Independence Day and Labor Day. The Transit Contractor agrees that the projected 17,160 Annual Vehicle Service Hours can be adjusted upon written notice of the City by decreasing or increasing by 10 percent (10%) or less without re-negotiation of basic vehicle service hour unit price. In the event the Annual Vehicle Revenue Hours increase or decrease in excess of 10 percent (10%), then City and Contractor agree to renegotiate the vehicle service hour unit price.

All vehicles deployed by the Transit Contractor in service under this Agreement shall operate according to the following schedule:
• Five (5) vehicles shall be deployed in passenger service Mondays through Fridays, for a period of twelve (12) hours of passenger service per day, per vehicle.

Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
9 • Five (5) vehicles shall be deployed in passenger service on Saturdays for a period of six (6) hours of passenger service per day, per vehicle. • A minimum of one (1) additional vehicle shall be maintained as a spare vehicle as provided in this Agreement. The City and Contractor shall negotiate a rate per revenue service hour to be used when Contractor provided equipment is used.

No service will be provided on the following holidays:
- New Years Day
- Memorial Day
- Independence Day
- Labor Day
- Thanksgiving Day
- Christmas Day
Cancellation of service on any other days will occur only by mutual agreement between the City and the Transit Contractor.

Vehicles will stop to pick up or discharge passengers, including wheelchair occupants and other disabled persons, at all stops along each route identified by the City.

All vehicles will arrive at and depart from each stop along each route according to the times identified for each stop by the City.

Modifications to routes, stops and schedules may be made by the City so long as total daily vehicle service hours and daily vehicle mileage are not altered by more than 10 percent.

Modifications which exceed or violate these parameters must be agreed to by mutual consent of the City and Transit Contractor. The City must notify the Transit Contractor in writing of its direction to modify service parameters at least 30 days prior to the date on which it wishes such modifications to commence. All vehicles must be driven only by qualified drivers, as defined in Section 503 of this Agreement.

At the option of the City, one additional vehicle shall be deployed in Passenger Service between the hours of 6:00 a.m. to 8:00 a.m. and between 2:00 p.m. to 4:00 p.m., or any other regularly scheduled two-hour periods as designated by the City ("Tripper Service"). All vehicles will be operated strictly on the routes identified in Exhibit 1 of this Contract, on such routes as amended by the City if the spare vehicle is not required for maintenance.

Section 502: Driver Responsibilities
All drivers employed by the Transit Contractor under this Agreement and assigned to operate the vehicles deployed under this Agreement shall meet the requirements described in Section 503 below. Operating and related responsibilities of such drivers shall include, but not be limited to:

Careful, Lawful Driving - All drivers shall obey posted speed limits at all times and under all circumstances, shall be alert and shall drive attentively and defensively at all times when operating vehicles under this Agreement.

Pick-Ups/Drop-offs - All drivers must pick up and drop off any and all passengers awaiting service at any and every designated stop, or wishing to disembark at any designated Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
10 stop, including wheelchair occupants and other disabled persons. Ample time shall be provided for safe and careful boarding and disembarking, for fare collection, and for record keeping and other procedures related to the safe and accountable operation of the vehicle. Operators shall not pick up passengers if the bus is full.

Passenger Assistance - All drivers shall provide special assistance to wheelchair occupants and any other passengers requiring special assistance or care, including elderly and ambulatory disabled persons, and parents carrying infants or small children. Drivers will not be permitted to physically lift passengers on or off the vehicle or the wheelchair lift. Nor will drivers be required to assist passengers with grocery bags, market carts, carriages, or other objects accompanying passenger. However, sufficient but not unreasonable time shall be provided to such passengers at any stops to load their belongings onto the vehicle, and/or to unload them during disembarking.

Problems and Incidents - Without physical involvement, drivers will be expected to maintain a safe, calm and secure rider-ship environment on-board, including admonishing riders displaying disruptive or dangerous behavior, and shall report riders in violation of such standards to dispatchers immediately via radio. Drivers will be required to complete Incident Reports for any occurrence, which has disrupted, or threatened to disrupt, the rider-ship environment, or which involved harm to, or threatened to harm, any other passengers.

Vehicle Check-outs - Before the beginning of every a.m. run or before any vehicle is placed into Passenger Service at any time during the operating day, the driver shall perform a complete vehicle check-out, using a form provided by the Transit Contractor and approved by the City, to ensure that the vehicle is in safe working order.

Fare Collection and Rider-ship Validation - All drivers shall collect as fare the appropriate amount of cash, tickets, transfer coupons or other fare instruments as are required by the City, and shall deposit such fare instruments into fare boxes or (in the case of tickets or transfer coupons) other receptacles for their collection. Drivers shall monitor and approve of all "free-fare" passes, such as those used by disabled and elderly residents.

All drivers must also enforce fare collection eligibility requirements. Passengers refusing to pay the required fare shall be denied rider-ship. If such a denial might reasonably threaten the driver's security, rider-ship without appropriate fare shall be permitted; immediately thereafter, the driver shall radio the Dispatcher of the presence of an unauthorized rider and note this fact on his or her Driver's Log.

Passenger Counting - All drivers shall record all boarding passengers, whether paying by cash, transfer or riding free via pass, on the appropriate passenger-counting mechanism.

Transfers - All drivers shall sell and record intersystem transfers and shall sell or pass out, free of charge, intra-system transfers, according to the policies governing intra-system transfers established by the City. The money from the sale of these transfers shall be deposited in fare boxes along with other revenues collected. Further, all drivers shall accept and record both intra- and intersystem transfers and shall store them in the appropriate receptacles.

Record-Keeping - All drivers shall complete a Driver's Log for each run throughout the operating day. Drivers shall complete the Vehicle Check-out Form, to be provided by the Transit Contractor, and all other forms as may be required by the Transit Contractor. Such Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
11 forms shall never be filled out while the vehicle is in motion, or in the traffic stream awaiting motion. The Driver's Log shall include, at a minimum, the following information:
• Arrival and departure times at the system's focal point; • All incidents or accidents requiring the driver's services, attention or involvement;
• Reasons for any and all lateness in violation of the performance standards set forth in Section 7 of this Agreement; and
• The driver's name, beginning and ending times of his/her shift and beginning and ending mileage of the vehicle.

Reporting Accidents and Incidents - Following each accident or incident, all drivers must completely fill out the appropriate forms (to be provided by the Transit Contractor, reviewed and approved by the City).

Accident Reports must be filled out immediately following the accident, while the driver is awaiting a replacement vehicle, except when the driver must assist passengers or attend to other matters related to the accident or its aftermath (e.g., radioing the Dispatcher, recording information about the other vehicle or pedestrian involved, informing passengers that a replacement vehicle will soon be arriving, etc.). Incident Reports shall be filled out during vehicle recovery or Idle Time (i.e., at the end of a run) or during idle periods (e.g., at the Compton Transit Center station, at stops when the vehicle has arrived in advanced of its schedule, etc.).

All drivers shall submit all accident or incident reports to their supervisors at the earliest possible opportunity at the end of their work shift.

Radio Communications with Dispatcher - All drivers must maintain constant radio communications with the Dispatcher, and must obey the Dispatcher's instructions at all time.

Reporting Complaints to Site Supervisor or other Management Personnel – All drivers must note passenger complaints on forms provided for such by the Transit Contractor, and must submit all such complaints to the Site Manager or Supervisor during, or at the end of their work shift.

Identification and Appearance - All drivers must wear a uniform identifying them as a Compton Transit Driver, and must wear identification, including the driver's name, number or other identification notation. Drivers must be neat and clean, notwithstanding the compromises to this that stem from the performance of their responsibilities under this Agreement.

Sobriety - All drivers must be sober, drug-fee, and free from the smell of alcoholic beverages and cigarette smoke. Smoking or drinking shall not be permitted on vehicles at any time, including during the Idle Time or Deadhead Time.

Transit Contractor shall be in compliance with the US DOT Drug and Alcohol testing program as outlined in 49 CFR parts 653 & 654 and 49 CFR part 40, and shall provide the City with the results of its drug and alcohol testing program on an annual basis. Annual reports of its employees test results shall be due to the City no later than March 1 of each contract year.

These test results shall cover January 1 to December 31 of the previous calendar year.

Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
12 Transit Contractor shall review a current Department of Motor Vehicles (DMV) report on all of its bus operator applicants and shall reject any with three or more moving violations within the past two years or any with one (1) DUI violation within the past five years. Transit Contractor shall require that all vehicle operator applicants submit employment history dating back 10 years which describes fully the reasons for leaving each job.

Section 503: Driver Qualifications and Training
All drivers must possess a valid California Commercial Driver's License with an accompanying medical examiner's certificate, and any other licenses or permits required by applicable Federal, State or local statutes or regulations pertaining to the operation of vehicles under this Agreement.

All drivers assigned to the operation of a vehicle under this Agreement shall have received training in the following areas, either from the Contractor or from an individual or organization acceptable to the Contractor:
• Defensive driving
• Cardiopulmonary Resuscitation (CPR)
• Emergency first aid
• Passenger handling and care
• Wheelchair lift operation
• Handling of, and sensitivity to, disabled persons
• Vehicle handling and care
• Record-keeping
• Radio procedures and codes
• Service area orientation
Any driver not familiar with a route to which he or she is assigned must first serve an on- board apprenticeship for the route, to include a minimum of one run as an observer and two runs as a driver, with a supervisor present to observe the driver's operation of the vehicle and adherence to the route and other system parameters.

Before providing service under this Agreement, each driver must submit to and pass a drug- screening test administered by the Transit Contractor or its agent. Any driver of a vehicle involved in an accident must receive a drug-screening test to be administered as soon as possible after the accident in accordance with the regulations promulgated by the Federal Transit Administration.

Section 504: Driver Compliance with Applicable Laws and Regulations All drivers providing service under this Agreement shall perform their responsibilities within this Agreement in accordance with all laws, regulations and governing labor practices, including provisions for maximum "spread time" and other laws relating to driver safety, comfort and performance.

Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
13 Section 505: Project Manager
The Transit Contractor shall assign a Project Manager to supervise and direct the Contractor's performance of all responsibilities described in this Agreement. The Project Manager or a designated substitute shall be accessible to representatives to the City at all times, within a reasonable period of notification or verbal request. The Contractor must identify the person it intends to occupy that position.

Section 506: Site Supervisor
A full-time Site Supervisor shall be assigned to monitor and supervise the operation. In addition to the Site Supervisor's other responsibilities, he or she must be present either at the system's focal point (Compton Transit Center) or on a route or a vehicle, Monday through Friday, from 7:30 a.m. to 9:30 a.m. and from 2:00 p.m. to 4:00 p.m. The Contractor must identify the person it intends to occupy that position. In addition, the Contractor must also identify the person(s) it intends to occupy Maintenance Manager and Operation Manager positions.

Section 507: Dispatcher
The Transit Contractor shall have trained dispatch personnel to be in constant radio contact with drivers of all vehicles operated in service under this Agreement. In addition to maintaining routine contact with vehicles, dispatch personnel shall:
• Handle emergency situations, instructing drivers what to do, and what not to do according to their best judgment under the circumstances. • Contact emergency agencies and organizations, such as police, fire departments, paramedics, hospitals, etc.
• Contact Transit Contractor supervisors in the event of serious problems (accidents, seizures, violence, earthquakes, strikes, etc.).
• Monitor driver performance and adherence to schedules.

Section 508: Supervisorial and Management Responsibilities The Transit Contractor shall be responsible for the following:

Dispatching and Supervision:Transit Contractor shall provide all facilities, support equipment, supplies and personnel necessary to carry out and sustain efficient, effective dispatching and supervisory oversight of the Compton Renaissance service. Transit Contractor shall have a minimum of one road supervisor, with a route service truck, equipment and supplies, available at all times during the Compton Renaissance service hours of operation.

Further, Contractor must have a dispatcher or supervising employee available by telephone and radio at all times that the Compton Renaissance buses are in service. The supervising employee may be a dispatcher, operations or maintenance supervisor, or other management employee; however, this employee must be assigned at least part of the time to providing the transit service.

Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
14 Recruiting:The Transit Contractor shall seek out qualified, and wherever possible, experienced drivers and other support staff with accident-free and violation-free driving records.

In all cases, the Transit Contractor must be able to demonstrate that it has made "special efforts" to recruit drivers meeting its standards and conforming to the priorities established in this subsection, who reside within the City of Compton. Such "special efforts" shall include, but not be limited to:
• Publication of notices in local press
• Advertisement in local media - posting of notices in public places • Notification in local unemployment offices
Hiring/FiringiDisciplineiPromotion/Demotion: The Transit Contractor shall maintain and conduct a formal personnel program, with carefully established procedures for performance evaluation, disciplinary action and dismissal, as well as standards for promotion and demotion. Hiring efforts should include strong and formal affirmative action efforts, and preference should be placed on hiring bilingual drivers whenever possible, commensurate with other hiring criteria and driver qualifications.

Should the City identify a driver whose conduct, attitude or demeanor is not consistent with the general quality and standards of this Agreement, the City shall have the right to ask the Transit Contractor in writing to remove the driver from service. Upon such a request, and subject to mutual agreement by the Contractor, the driver shall be removed within two weeks, except that such removal shall be immediate if the driver's conduct reasonably threatens, or may be expected to threaten, the safety and/or security of any passengers.

Training: The Transit Contractor shall be responsible for providing training, or ensuring that drivers have reviewed and successfully "passed" such training, as defined in Section 503 above. Drivers must have received ALL elements of training before being assigned to the operation of a vehicle in Passenger Service under this Agreement, except that a portion of the following types of training may be provided "on-the-job" if and only if, supervised by a qualified driver throughout the training period:
• Sensitivity training
• Record-keeping
• Radio procedures and codes
• Service area orientation
Scheduling of Vehicles and Assignment of Drivers:All vehicles should be assigned to either deployment, preventive or ad hoc maintenance, or positioned as "spare vehicles."
Scheduling of Back-up Drivers: The Transit Contractor shall maintain a roster of qualified "back-up" drivers who are "on call" and who are trained to perform the service and who are familiar with the routes to be driven. The Transit Contractor may also utilize drivers from other services operated by the Contractor as "back-up" drivers as long as they are trained to perform the service and who are familiar with the routes to be driven. The Contractor shall institute a procedure whereby drivers unable to work must inform the Site Supervisor or other management personnel before a certain time, permitting the management to replace him or her with a back-up driver. All back-up drivers must report for duty and begin service on schedule.

Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
15 Collection and Transfer of Fares; Transfer Coupons:On a daily basis, the Transit Contractor shall remove the vaults from each fare box, collect and transfer the fares to the City Treasurer (or other agent designated by the City) for counting. Also on a daily basis, all transfers collected shall be organized in batches by route and kept for a period of at least one month following the day of service on which they were collected. Unless transfers for specific days are requested by the City, the Transit Contractor shall turn over to the City the batched transfers for two weekdays each month, along with the billing and other administrative forms and reports submitted monthly.

In collecting and monitoring fares, the Transit Contractor shall use only those fare boxes dedicated solely to the City and none other. Nor shall fare box vaults dedicated to the City be used in fare collection efforts for other cities or systems. Should vaults become filled, the Transit Contractor shall pull the first vault and install a second for completion of the route's operation for that day.

Log Review:The Site Supervisor, or in his or her absence, other management personnel shall review Driver's Logs daily. After being reviewed, logs shall remain on file with the Transit Contractor for a period of not less than 90 days, and shall be subject to inspection by the City at any time during normal business hours. Review of Driver's Logs shall include, but not be limited the following:
• On-time performance
• Incidents
• Complaints
Information from the log review should form the basis for the Daily Summaries and Monthly, Quarterly and annual Reports submitted by the Transit Contractor to the City.

Daily Summaries:On a monthly basis and in conjunction with billing and other administrative submittal, the Transit Contractor shall compile and submit copies of Daily Summaries containing, at minimum the following information, desegregated by route:
• Number of unlinked passenger trips, by type of fare payment including transfers.
• Number of vehicle miles of service operated.
• Number of vehicle hours of service operated.
• Number of "late" vehicles, missed runs, and other violations of the performance standards specified within this Agreement.
• Copies of incident reports.
• Summary of complaints reported by drivers (both from passengers and about passengers).
• Any videotapes of any incidents of concern to drivers.

Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
16 • Other information about the system which the Transit Contractor would like the City to address.

Monthly, Quarterly and Annual Reports: The Transit Contractor shall submit to the City on a monthly, quarterly and annual basis, reports summarizing the information contained in Daily Summaries. Of particular importance is the identification of levels of performance with respect to the service standards specified in this Agreement. Detailed, desegregated information contained in Daily Summaries need not be presented again in desegregated form in these Summaries and Reports. Forms for use in preparing Daily Summaries and compiling Monthly, Quarterly and Annual Reports will be provided by the Transit Contractor, reviewed and approved by the City. The Contractor shall also submit to the City DBE reports and EEO/Affirmative Action reports.

Monitoring and Supervision of Driving and Maintenance Personnel:The contractor's Site Supervisor shall supervise and monitor the performance of all driving personnel engaged in service under this Agreement. In addition, the Operations or Project Manager or other management personnel shall supervise and monitor the performance of and records pertaining to all maintenance of vehicles used in the performance of service within this Agreement. Driver performance must conform to the standards set forth in this Agreement.

Driver performance must conform to the Contractor's established standards for maintenance, as well as comply with CHP, Federal and other regulations and requirements associated with maintenance, including those specified by the vehicles' manufacturers.

Preparation and Submittal of Accident and Incident Reports:The Transit Contractor shall submit copies of all incident and accident reports submitted by drivers, and shall in addition submit comprehensive reports involving all accidents and any serious incidents, prepared by the Site Supervisor and/or Operations or Project Manager or other management personnel following his or her investigation of such accident or incident. Information about all accidents and about major incidents shall be conveyed by telephone to the City immediately following the Transit Contractor's knowledge of such, but in no case later than early morning on the first working day following the accident or incident. Such verbal reports shall be followed by the required written reports, which shall be submitted within three (3) working days following the accident or incident.

In the event of an accident, the Transit Contractor shall comply with all applicable State laws, rules and regulations.

Invoicing and Billing:The Transit Contractor shall invoice the City for all service performed under this Agreement on a monthly basis. Invoices should document the number of Vehicle Service hours provided, and be accompanied by all reports and summaries identified and described in this subsection. Invoices shall be submitted within five (5) working days following the last day of service in any given month in order for payment by the City to be made within its next regular payment cycle. City shall pay the Transit Contractor within 30 days, or as promptly as fiscal procedures may permit, on receipt of Contractor's invoice.

Dispatching and Radio Communications:All vehicles used in the performance of service under this Agreement shall contain functioning two-way radios. All vehicles shall remain in constant radio contact with the Contractor's Dispatcher via an open radio channel (which may be shared with other vehicles and systems under the Contractor's control) and all pertinent information regarding operation and/or any problems involved in the provision of Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
17 service (including running more than five minutes behind schedule) shall be communicated to the Dispatcher.

Videotaping:Each vehicle used in service under this Agreement shall contain a functioning videotape unit mounted in the front of the passenger compartment. Each vehicle shall maintain a functioning recording unit with a panic/emergency button that will, when activated, record any unusual incidents, emergencies or individuals exhibiting suspicious or threatening behavior. All tapes shall be turned in to the Site Supervisor, Operations or Project Manager or other management personnel, sorted by route and operating period and maintained for one week.

Videotapes for a given route and time segment may be requested by the City, and if so, shall be turned over to the City, except that such request must be made by the City within one week of the date on which the video was made.

An inoperable videotape machine shall be cause for pulling a vehicle out of service and replacing it with a spare vehicle equipped with an operable videotape machine, or for replacing the failed videotape machine.

Submittal of Complaints:The Transit Contractor shall submit all complaints by drivers regarding operating conditions, policy problems, specific passenger, etc., to the City on a regular basis. In addition, the Transit Contractor shall submit to the City all complaints received by passengers, which the Transit Contractor cannot address, or which it feels it is not obligated, entitled or compensated to address.

Coordination Arrangements:The Transit Contractor shall respect and honor any and all coordination arrangements made by the City between its transportation system and any other transportation systems, public or private. Such arrangements shall include, but not be limited to:
• Accepting transfers as full or partial payment of fares. • Selling transfers for service on other systems.
• Modifying schedules and dwell times (at the City's instruction) to accommodate other systems.
• Sharing bus bays at Metro Rail Stations, transfer terminals, park-in-ride lots or other multi-modal facilities.
• Respecting the operating needs of other transportation systems, to the degree that they do not interfere with the Contractor's provision of service or performance of other responsibilities as described within this Agreement.

Monitoring Vehicle Check-outs:The Contractor's Site Supervisor and/or Operations or Project Manager or other management personnel shall monitor the performance of vehicle check-outs by all drivers, review vehicle check-outs on a daily basis, and submit copies of forms noting any problems requiring maintenance attention to the appropriate maintenance personnel. The presence of any item which might reasonably prove to be, or develop into, a safety hazard shall be cause for immediate removal from service of the vehicle in question and its replacement with a spare vehicle.

Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
18 Monitoring Driver Sobriety:To the best of his/her ability, the Site Supervisor and/or Project Manager or other management personnel shall observe each driver at the beginning of each shift and confirm each driver's ability to operate the vehicle safely and alertly.

6.VEHICLES, MATERIALS AND EQUIPMENT:

Section 601: Vehicles
Revenue Vehicles:The City shall provide sufficient revenue vehicles, including spares, for use by the Contractor in providing the services required under the Contract. The vehicles provided by the City shall not be used for any non-revenue purposes with the exception of training.

Initial lnspection and Condition Upon Return:Prior to the Commencement Date, the Contractor shall participate with the City in an acceptance inspection of the revenue vehicles for purposes of establishing the overall condition of the revenue vehicles as of the time the Contractor commences work under the Contract. Following the Commencement Date, the Contractor shall assume responsibility for maintenance and repair of the revenue vehicles in accordance with this Contract. Upon termination of the Contract (for whatever reason), the Contractor shall warrant the revenue vehicles to have been properly serviced, maintained, and in good repair, and shall return such vehicles to the City in sound mechanical condition, subject to ordinary wear and tear.

Spare Ratio:The City will supply the Contractor with a sufficient number of revenue vehicles in order to provide a 10 percent spare ratio. The Contractor will then be responsible for maintaining a spare ratio of 10 percent throughout the Contract term.

Non-Revenue Vehicles:The Contractor shall provide all other vehicles for supervision, towing, repair, and any other purpose as services under the Contract may require.

The vehicles, supplied by the Contractor, must not exceed two years of age or 50,000 miles on the Commencement Date. The Contractor shall provide and maintain at least two fully operational ADA accessible non-revenue vehicles. The City reserves the right to reject any vehicle supplied by the Contractor that does not adequately satisfy the City's quality standards.

Section 602: Maintenance
Vehicle Maintenance Standards:The Contractor shall, at all times during the contract term, comply with the mechanical, safety, and appearance standards set forth by the California Department of Transportation. The Contractor shall, at its sole expense, cause all components of each revenue vehicle and non- revenue vehicle, including body, engines, transmissions, tires, frame, furnishings, mechanical, electrical, pneumatic, hydraulic, or other operating systems, to be maintained in proper working condition and free from damage and malfunction. The Contractor shall, at its sole expense, cause any such vehicle damaged in any accident or otherwise to be repaired or replaced. In the case of damage impairing the safe mechanical operation or proper appearance of the vehicle, such replacement must be made immediately. At a minimum, Contractor-supplied vehicles must be maintained using the same Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
19 preventive maintenance, graphic, and cleanliness standards as the City-provided revenue vehicles.

Vehicle Appearance:The Contractor shall be responsible for maintaining the appearance of all revenue vehicles and non-revenue vehicles. All vehicles must be kept clean including, but not limited to, the following actions: the exterior (including front and rear) must be washed at least 3 times a week; interiors must be swept or vacuumed daily; all dirt, debris, graffiti, and trash must be removed daily; and any worn, broken, cut, torn or vandalized components that are visible, or accessible by the public, must be repaired or replaced promptly to eliminate hazards, minimize discomfort, and/or maintain appearance. The monthly cleaning procedure must include, but need not be limited to, all areas of the vehicle including bumpers, wheels, aluminum wheels, windows, panels, and seats.

Inspections:Each revenue vehicle and non-revenue vehicle must receive a daily pre- trip inspection by the operator prior to being placed in service and at each change in operators.

Daily pre-trip inspections must be supplemented by regular time and mileage maintenance inspections to ensure safe and proper operating condition of vehicles. A record of all such inspections shall be kept by the Contractor and be available to the City as part of the scheduled operations report. The Contractor shall maintain a satisfactory California Highway Patrol (CHP) terminal inspection throughout the term of the Contract. If the Contractor receives an unsatisfactory rating from CHP, the Contractor shall so notify the City by telephone and in writing immediately and shall identify steps which will be taken to correct any deficiencies. If any revenue vehicle is shut down by a cognizant authority, including the City, as a result of an unsatisfactory rating by CHP, the vehicle subject to the shut down shall not be operated and liquidated damages of $1,000/day/vehicle shall be assessed, until a satisfactory inspection report is obtained. If the vehicle is shut down by CHP due to a defect, which the City agrees was due to the manufacturer, the liquidated damages shall not apply.

The City reserves the right in its sole discretion to review maintenance records, and to inspect and reject temporarily or permanently, by notice to the Contractor, any vehicle the Contractor utilizes which the City deems unacceptable. In the event any revenue vehicle is rejected temporarily by the City as a result of deficient vehicle condition or appearance, liquidated damages in the amount of $750/day/vehicle shall be assessed, until the condition is corrected by the Contractor to the satisfaction of the City. In the event any revenue vehicle is rejected permanently by the City as a result of vehicle condition, the Contractor shall replace such vehicle and will be assessed liquidated damages in the amount of $750/day/vehicle, until such vehicle is replaced by the Contractor with one that is satisfactory to the City.

Preventive Maintenance:The Contractor shall perform routine preventive maintenance inspections and servicing at intervals of 6,000 miles or the recommended vehicle manufacturer's specifications, whichever is lower. The Contractor shall also conduct more extensive inspection and servicing at 12,000 mile intervals or as specified by the transit vehicle manufacturer, whichever is lower. The Contractor shall conduct an annual or 48,000 mile preventive maintenance inspection containing all items required by the component manufacturer. In no event shall the Contractor be more than 500 miles late in any preventative maintenance inspection. The Contractor shall submit weekly summaries of preventative maintenance inspections to the City. The Contractor shall also conduct weekly brake/safety inspections.

Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
20 Fluid Analysis:As part of its maintenance program, the Contractor shall participate in the City's fluid analysis program. At the appropriate times, the City personnel will retrieve samples of the required fluids and have them analyzed at a facility selected by the City at the Contractor's expense. The fluids covered by this program and the applicable requirements are as follows:
Engine Oil shall be analyzed in advance of each preventive maintenance inspection, as directed by the City, and each unscheduled oil change. Transmission fluid shall be analyzed each time it is drained and replaced, in accordance with the applicable schedule.
Fuel, Coolant and Differential Fluid shall be analyzed at intervals determined by the City.
Synthetic Oils shall be analyzed in accordance with a schedule determined by the City.

Synthetic Lubricants:The Contractor shall, in consultation with the City, implement a program for conversion to the use of synthetic lubricants in the revenue vehicles, including transmission fluid, engine oil, differential fluid, and hydraulic fluid. The Contractor shall obtain the City's advance approval of any synthetic lubricants it intends to use in the revenue vehicles and any changes in the City-approved synthetic oil program.

Record Keeping:The City may provide an automated Vehicle Maintenance Management System (VMMS) to be used as a stand-alone system or in addition to the Contractor's standard vehicle record keeping system. The VMMS shall be used to record, monitor, and report on all vehicle maintenance, inspections, parts utilization, fueling, and repair activities and will be directly interfaced to the City's computer system. All of the required data will be entered into the VMMS system by the Contractor on a weekly basis.

Applicable Codes and Regulations:The Contractor will be responsible for assuring that vehicles utilized in service under the Contract shall be safe for operation on public streets and freeways and meet all requirements of the California Vehicle Code. All parts of vehicles and all equipment mounted on or in the vehicles shall conform to the California Vehicle Safety Standards, California Administrative Code, Title 13, the Americans with Disabilities Act (ADA), and the CHP Motor Carrier Safety Regulations. Each revenue vehicle is required to be inspected at least annually by CHP. The City shall be notified of inspections performed by any other governmental agency, which meets or exceeds the criteria for inspection established by the CHP. Results of such inspections shall be transmitted to the City, and any applicable signed certification shall be displayed or carried on the vehicles.

Response Times and Actions:In the event of a trouble call, the Contractor shall be expected to promptly dispatch a substitute revenue vehicle and to call a tow truck (if appropriate). The maximum response time (i.e., the time between the receipts of a trouble call until the arrival of a substitute vehicle) shall be one hour. The City reserves the right to establish additional criteria regarding the reliability of the Contractor's response in the event of breakdowns.

Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
21 The Contractor shall remove any vehicle disabled by accident, mechanical problems, or any other reason, from the scene within 1 1/2 hours after the first report. If the vehicle must be towed, the full vehicle must be covered by a tarpaulin or other means.

Permits and Fees:Licensing fees from other governmental entities which are specifically required for revenue vehicles operated in service under the Contract (except DMV vehicle licenses) will be paid by the City.

Section 603: Warranty and Repairs
Responsibility:The Contractor shall be responsible for the exercise and enforcement of all warranties relating to the revenue vehicles and to all systems, components, and subcomponents thereof, and shall also be responsible for taking all available actions to assure that all warranty covered repairs are performed in a timely fashion.

Notice of Defects:If the Contractor detects a defect or malfunction within the applicable warranty period, the Contractor shall promptly notify the City of the actions it is taking to enforce the warranty. Following commencement of the warranty repair process, the Contractor shall promptly notify the City of any disagreements or disputes with the equipment manufacturer or supplier regarding warranty coverage.

Training:The Contractor shall assure that all appropriate maintenance personnel receive a training class on warranty procedures for the revenue vehicles and all systems, components. and subcomponents thereof.

The City Role:The City agrees that it will take whatever actions may be appropriate to assist the Contractor in assuring timely warranty repairs and resolving any warranty disputes. Upon request of the Contractor, the City will directly contact the equipment manufacturer or supplier to pursue the prompt resolution of warranty issues.

CNG Responsibilities:The Contractor shall be responsible for the safe, efficient, and effective operation, maintenance, and fueling of the City CNG revenue vehicles. The Contractor shall ensure that all appropriate personnel are adequately trained in the operation, maintenance, and fueling of CNG vehicles.

In providing services under the Contract, the Contractor shall comply with all aspects of its CNG Management Plan, including its CNG training plan and its CNG fuel island safety procedures. In addition, the City reserves the right to require additional training as may be appropriate, including refresher CNG training.

The Contractor shall provide a report to the City at least twice each month during the contact term that identifies any issues or problems that have arisen in connection with the operation or maintenance of the CNG vehicles.

Section 6.04 Materials and Equipment
The Contractor shall be responsible for the proper maintenance and repair of all materials and equipment used to provide services under the Contract.

Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
22 Communications Equipment:The City shall provide a two-way mobile communications system in each revenue vehicle. The Contractor is responsible for all air time costs, and also responsible for providing additional radios as necessary to link all supervisor vehicles, revenue vehicles, dispatching facilities, maintenance facilities and vehicles, supervisory personnel, and the City in a communication network. The communications system shall enable operators to communicate directly with a dispatcher during revenue service hours.

The Contractor's dispatcher must have direct access to a telephone at all times.

The radio communication system must cover, without dead spots, the routes of services, storage and maintenance facilities, and the dispatch location. Any re-installation of radios or installation of new radios in the City vehicles will be according to the vehicle manufacturer's recommendations and will be subject to the City approval. The Contractor is responsible for maintaining the radio system in good operating condition and making any necessary repairs.

Fare Collection Equipment:The City shall provide a complete fare box and related fare collection equipment in every revenue vehicle. The City shall also provide a vault, probing unit, computer, and other necessary equipment. The Contractor is responsible for the probing, at the end of daily revenue operation, both the fare box and Debit Card Validator (where applicable) on every revenue vehicle used, and for ensuring that the data received is accurate and timely. The Contractor is required to repair and maintain the fare boxes and all related fare collection equipment. The Contractor is also responsible for the proper operation, training, and maintenance of all diagnostic equipment and spare parts.

Tires:The Contractor shall be responsible for providing (through purchase or lease) all tires and spares for all revenue and non-revenue vehicles. The Contractor shall be responsible, at the end of the contract term, for returning the revenue vehicles with tires that meet the following standards:
(1) Front axle. Tires shall have a tread depth of 12/32" minimum. Recapped or regrooved tires are not acceptable.
(2) Rear axle. Tires should have a tread depth of 8/32" minimum. The tire height between two tires on the same hub should not vary more than 3/32". (3) Tires with cuts, grooves, or evidence of curb damage (past the manufacturers rub bars) are not acceptable.

Destination Signs:The Contractor shall perform required maintenance to ensure constant display on all vehicle destination signs. As specified in writing by the City, the Contractor shall from time to time revise destination sign readings to reflect route changes or other relevant service information.

Supplies and Miscellaneous:At its sole expense, the Contractor shall provide, and maintain stores of, lubricants, spare parts, and supplies necessary for the orderly maintenance and operation of revenue vehicles. The Contractor shall properly store and dispose of all materials, without limitation, required in the operation of the services under the Contract.

Identification and Markings:All vehicles used in service under this Contract shall be identified by a distinct color scheme for each route and a logo established by the City.

Back-up vehicles shall also be so marked or shall display magnetic signs bearing the Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
23 appropriate route colors and the logo while deployed in Passenger Service. Vehicles shall also display other information by the City, if the City chooses to include such markings, such as “Funded by the City of Compton”.

Unless authorized by the City, the Contractor shall not mark, or post upon the exterior or interior of any vehicle used in service within the Contract, any form of advertising. Should the City choose to post advertising in the vehicles, the City shall reimburse the Contractor for the costs of installing such advertising, and any revenues derived from the sale of such advertising shall accrue to, and only to, the City.

Maintenance and Cleaning:All vehicles used in the provision of service under the Contract, whether regularly deployed or used as spare vehicles, shall be regularly maintained in accordance with the manufacturer's or vehicle converter's recommended procedures, including compliance with all intervals specified for inspection, testing, replacement and/or reconditioning of all subsystems, components and fluids. Maintenance records for all vehicles used in the performance of service under this Contract shall be maintained for a period of three years by the Contractor, and shall be subject to inspection by the City of its designated agents at any time during normal business hours. Vehicle exteriors shall be cleaned at least two times each week, and interiors cleaned at least once each week.

Condition and Satisfaction of Legal Requirements:All vehicles must be in sound working order, and must otherwise comply with all existing Federal, State and local statutes, ordinances, rules and regulations pertaining to the safe operation of such vehicles. They must be duly registered and licensed for passenger operations by the State of California. The Contractor shall provide the City with such documentation and certifications as may reasonably substantiate the Contractor's compliance with these requirements.

7. PERFORMANCE STANDARDS:

In providing the service described within this Agreement, the Transit Contractor shall adhere to the following service standards:

OPERATlNG PERFORMANCE STANDARDS
The Contractor is required to attain certain levels of performance. Penalties outlined herein are intended by the City to establish some measurable objectives for service quality and Transit Contractor performance. Failure to achieve the performance levels, as outlined in this section, may result in assessment of penalties and potentially, in the termination of the Contract pursuant to the termination provisions herein. The Contractor shall strive at all times to provide service in a manner that will maximize productivity and at the same time maximize the responsiveness and quality of service to the customer. Since the City recognizes that some times, responsiveness and quality of service to the customers may conflict with required productivity, the City therefore has established the following performance standards.

Section 701: Vehicles
Vehicles shall be operated with due regard for public safety, comfort, and convenience of passengers and the general public.

Section 702: Service
Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
24 Services shall be provided as scheduled or according to any adjusted schedule established by the City, including route modifications required as a result of a declared emergency. The Contractor shall strive to maintain on-time performance; however, the Transit Contractor shall not be held responsible for the failure to provide on-time service due to weather or traffic conditions, vehicle malfunctions that are clearly beyond the Contractor's control, naturally occurring disasters, or other reasonably unpredictable situations, if sufficient documentation is provided to the City on a timely basis.

Section 703: Incentives
Adherence to Schedule:
a. A service route is required to be on time within a 5-minute window (0-5 minutes late) for 95% (ninety five percent) of the trips in a month. b. On-time performance checks shall be made by the City using three random sample days per month. Transit Contractor must meet or exceed the standard in the three samples.

Section 704: Preventable Accidents
The Contractor shall strive to achieve zero preventable accidents during each month, as determined through the use of National Safety Council Standards (where an accident shall be defined to include any injury accident or incidents with property damage in excess of $100).

Section 705: Fare Collection
It will be the responsibility of the Transit Contractor to oversee the collection of fares and to make sure all fare media is honored as required by the City. The City shall at all times make available to the Transit Contractor a complete list of tariffs, indicating what type of fare is to be collected from each type of passenger.

Collection and Transfer of Fares; Transfer Coupons: On a daily basis, the Transit Contractor shall remove the vaults from each fare box. The City will collect and transport the fared to the City Treasurer’s Office (or other agent designated by the City) for counting. The City will provide additional vaults for the purposes of handling fare box revenue. Also on a daily basis, all transfers collected shall be organized in batched by route and kept for a period of at least one month following the day of service on which they were collected. Unless transfers for specific days are required by the City, the Transit Contractor shall turn over to the City the batched transfers for two weekdays each month, along with the billing and other administrative forms and reports submitted monthly.

In collecting and monitoring fares, the Transit Contractor shall use only those fare boxes dedicated solely to the City and none other. Nor shall fare box vaults dedicated to the City be used in fare collection efforts for other cities or systems. Should vaults become filled, the Transit Contractor shall pull the first vault and install a second for completion of the route’s operation for that day.

Section 706: Specific Criteria for On-Time Performance
Ninety five percent (95%) of all scheduled runs must be made.

Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
25 Under no circumstances shall a vehicle depart from its scheduled stop earlier than the scheduled departure time.
Ninety percent (90%) of all peak-period runs must begin within five (5) minutes of their scheduled start times, and must not arrive at any scheduled stops throughout the route more than five (5) minutes late.
Ninety-five percent (95%) of all off-peak runs must begin within five (5) minutes of their scheduled start times, and must not arrive at any scheduled stops throughout the route more than five (5) minutes late.
Under no circumstances must drivers ever exceed posted or otherwise understood speed limits.

All drivers must carry reasonable reliable watches or timepieces, and these must be synchronized within two minutes of the actual time at the beginning of each operating day. The following circumstances shall fully relieve affected drivers from adherence to these standards:
• Emergencies
• Inclement weather
• Excessive traffic congestion (including "Christmas Week") or civil disorder • Passenger incidents (behavior problems, etc.)
• Accidents
• Gang violence, or the threat thereof
• Strikes
• Unavailability of fuel
• Vehicle break downs
• Unavailability of spare parts
• Severe overcrowding
• Closure of roads
• Delays by trains
The Transit Contractor must notify the City in writing when the above circumstances interfere with its ability on a given operating day to meet the on-time performance standards specified in this Agreement.

Section 707: Passenger Assistance and Lift Operation
All drivers must provide reasonable assistance to all passengers at all times, as specified in Section 502. This shall include, at a minimum, assistance to all wheelchair occupants and other disabled passengers, and informational assistance to passengers.

Section 708: Route and Schedule Adherence
Unless instructed otherwise by the City or by the Contractor's Dispatcher under extraordinary circumstances, no vehicle shall deviate from the route or schedule to which it is assigned. Speeding and other illegal or unsafe measures shall under no circumstances be allowed as a means to ensure conformity to routes and/or schedules. When such deviations occur, they shall be treated as "Incidents" as defined within this Agreement and shall require written reports submitted to the City in accordance with the appropriate sections of this Agreement pertaining to the treatment of incidents and incident reporting.

Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
26 Section 709: Courtesy and Cooperation
All Contractor's personnel engaged in providing service under this Agreement shall cooperate and behave in a courteous and helpful manner at all times, to the degree reasonable and possible. The Project Manager and Site Supervisor shall constantly monitor and reinforce courteous and cooperative driver behavior.

8. REPORTING. ACCOUNTING, AUDITING:

Section 801: Maintenance and Inspection of Records
With the exception of Daily Summaries, Driver's Logs, Transfers, and other raw data and summaries which are later consolidated into other reports, all records, reports, documents, analyses and administrative materials submitted to the City or otherwise used by the Transit Contractor for administrative or planning purposes shall be maintained by the Transit Contractor for a period of at least three years, and shall be made available for review by the City or its designated agents at any time during normal business hours on the premises of the Transit Contractor where such records and other information are stored.

Section 802: Daily Logs
All drivers providing service under this Agreement shall be required by the Transit Contractor to maintain and complete a daily Driver's Log for each vehicle, which provides for the recording of the information delineated in Section 502 of this Agreement. Such Driver's Logs shall be reviewed daily by Contractor's personnel and shall be made available for inspection by the City or its designated agent upon request at the Transit Contractor's premises during normal business hours.

Section 803: Monthly Summaries and Reports
The Transit Contractor shall submit to the City each month, along with its invoices, a monthly summary report containing the information obtained from Driver's Logs/Stop Sheets and other Transit Contractor information collection mechanisms. Such monthly summaries shall include, but not be limited to the following information:
Rider-ship totals desegregated by route and operating period. Number of accidents and "reportable" incidents, per route and operating period, plus copies of all accident and incident reports which may not have been previously tendered to the City.
Transfer totals, both intra-system and inter-system desegregated by route. On-time performance summaries, according to the standards identified in, and required by, Section 7 of this Agreement.
The number of road calls, by vehicle type and specific vehicle.

Section 804: Quarterly Reports
Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
27 The Transit Contractor shall also submit quarterly reports consolidating the data on monthly reports and providing, in addition, any general comments on service problems or other issues which the City should consider in its efforts to improve service.

Section 805: National Transit Database (NTD) Annual Reporting The Contractor shall complete the necessary forms required by the Federal Transit Administration (FTA) and submit them no later than 30 days after the end of the fiscal year. The Contractor will also implement a new GTFS feed which will enhance schedule information availability and accessibility for riders. The Los Angeles County Metropolitan Transportation Authority (LACMTA) provides annual training to assist Contractor with the NTD reporting.

Section 806: Disadvantage Business Enterprise (DBE) Report The Contractor shall prepare a quarterly DBE report, to be submitted no later than 30 days after the end of each quarter and an annual DBE report, to be submitted no later than 30 days after the end of the fiscal year. The report shall include (A) a listing of all DBE firms used; (B) the type of procurement in which DBEs were involved; and (C) a percent (by dollar amount) of purchases from DBE firms, as measured against all other purchases.

Section 807: Equal Employment Opportunity (EEO)/Affirmative Action Report The Contractor shall maintain and implement an Equal Employment Opportunity/Affirmative Action Program and policy in accordance with FTA guidelines. The Contractor shall, no later than 30 days after the end of each fiscal year, prepare an EEO report which consists of the following:
Work force Analysis for each job category;
Job Group Analysis for each job category;
Hiring Analysis for each job category;
Promotional Analysis for each job category;
Termination Analysis for each job category;
Utilization Analysis that shows the ethnic and gender breakdown for each job category as well as indicated the short term and long term goals for achieving under-utilized minority groups; and
Availability Analysis that compares the current workforce against the available workforce.

Section 808: Accounting
The Transit Contractor shall record all financial and administrative transactions involving the provision of service described within this Agreement in a separate set of records, clearly distinguishable from its other business transactions. Such records shall consist of a clear system of internal control, established in accordance with generally accepted accounting practices, and in compliance with all-relevant Federal, State and local statutes and guidelines.

The recording of all such transactions related to the performance of services as described in this Agreement shall be provided in such a manner as to leave a clear audit trail. The Contractor's records of any such transactions related to this Contract shall be made available for review by the City or its designated agents at any time during normal business hours on the Contractor's premises.

Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
28 Section 809: Audits
The City may at any time choose to audit the complete records of the Transit Contractor regarding the services provided within this Agreement. However, the City must notify the Transit Contractor at least two weeks in advance of such an audit and conduct the audit at the reasonable convenience of the Transit Contractor so as not to unduly disrupt or interfere with the Contractor's business. Costs for such an audit shall be borne entirely by the City, except that penalties and legal remedies resulting there from shall be paid for by the Transit Contractor, according to the verdict of panel of arbitration or a court of law, in such case as the Transit Contractor is found guilty of errors in calculations, misrepresentation or fraud.

9. RESPONSIBILITIES OF THE CITY:

Section 901: Establishment of Service Policies and Procedures The City shall be solely responsible for establishing all policies relating to service, including but not limited to the following:
Operating days and hours
Frequency of service
Fares and fare payment mechanisms
Routes
Stops
Transfer policies
Coordination with other transportation services
The City also may unilaterally change any service policies which have no significant affect on the Contractor performance of its responsibilities related to the provision of service as described within this Agreement, in good faith, to compensate for the differences in responsibilities and costs associated with the desired changes.

Section 902: Vehicles
The City shall provide five vehicles (consisting of three (3) Ford CNG buses and two (2) El Dorado National CNG buses and one bus for back up) to be used by the Contractor to operate the Compton Transit Service. The vehicles shall be licensed and registered with the City.

Section 903: Marketing and Outreach
The City shall be solely responsible for the marketing and advertising of the services provided by the Transit Contractor under this Agreement and for any outreach efforts, except that the Contractor's adherence to the provisions of this Agreement shall be considered essential elements of the overall marketing of service for which the Transit Contractor shall be held responsible. Of key importance among these elements are the conduct cooperation, expertise, helpfulness and appearance of the Contractor's drivers, and the quality and thoroughness of service monitoring.

Section 904: Monitoring, Inspection and Audits
Apart from service monitoring provided by the Transit Contractor, the City shall also monitor the quality and quantity of service, including but not limited to:

Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
29 • Review of all data submitted
• Periodic review of Driver's Logs
• On-board and on-site monitoring of service
• Monitoring of vehicle maintenance and personnel practices and procedures • Inspecting records and conducting audits of Contractor's records Section 905: Determination
As part of the City's monitoring efforts, it shall measure the degree to which the Contractor's service is deficient according to the standards established for it in Section 7 of this Agreement, and shall calculate the liquidated damages at the amounts specified elsewhere in this Contract, if any, for such deficiencies and convey them in writing to the Transit Contractor.

The Transit Contractor shall have a period of thirty (30) days to examine the claim of liquidated damages, and during that time, shall have the right to present evidence that such claims are invalid or inaccurate. If the City's claim for liquidated damages is not disputed in writing by Contractor by the end of the thirty day (30) period, liquidated damages shall be deducted from the invoiced reimbursement of Transit Contractor one month following the month represented by the damages. Disputed claims shall be resolved by mutually agreed arbitration, mediation, or other alternative dispute resolution procedures. If the parties cannot agree to alternative dispute resolution the dispute shall be resolved in court by action of either party.

Section 906: Resolution of Complaints
It shall be the City's responsibility to resolve all complaints submitted to it by riders, non- riders or the Transit Contractor. The City shall have the responsibility to investigate any such complaints, and shall be entitled to full cooperation by the Transit Contractor in the resolution of such complaints. If it is found that the complaint is valid, and it can best or most effectively be addressed by the Transit Contractor (with the exception of the Transit Contractor exceeding its responsibilities as described within this Agreement), then the Transit Contractor shall be responsible to remedy the situation underlying the complaint. Included in this effort is the City's responsibility to resolve complaints about passengers and passenger behavior received from the Transit Contractor, rendering the rider-ship environment safe for the Transit Contractor and its personnel as well as for the passengers.

Section 907: Counting Fares and Verifying Fare Collection Efforts The City or its designated agent (s) shall be responsible for counting fares delivered by the Transit Contractor daily, and for reconciling those fares with the records, for such submitted by the Transit Contractor. Should discrepancies be found between the actual fares collected and the records of such collection obtained by the Transit Contractor, the City shall have the responsibility of investigating the causes of such discrepancies, except that the Transit Contractor shall fully cooperate in such investigation.

10. LIQUIDATED DAMAGES:

Because of the nature of the services to be provided under the terms of this Agreement, it is agreed and understood by both parties that it would be impractical or extremely difficult to accurately quantify the actual damage to the City and its transportation system stemming from the failure of the Transit Contractor to provide services in accordance with the terms of this Agreement, or from the failure of the Transit Contractor to meet the service standards established in Section 7 of this Agreement. In no case will Iiquidated damages exceed $5,000 Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
30 in any given month. City agrees to notify Contractor of any event which could lead to imposition of liquidated damages within 24 hours of City becoming aware of the event.

Therefore, in lieu of a determination of actual damages stemming from each failure, the liquidated damages cited below shall serve as proxies for such damages, and shall be deducted from the compensation due the Transit Contractor pursuant to Section 12 below.

Section 1001: Damages of $750 per Incident (maximum of $5,000 per month per type of accident).

Liquated damages of $750 shall be assessed and deducted for the following failures or occurrences:
Failure to investigate driver problems and complaints which could reasonably be expected to create problems or hazards to passengers.
Deployment of a vehicle which has failed a CHP inspection, or which has not been inspected in accordance with required inspection intervals. Failure to maintain the required liability insurance and failure to notify the City of such failure.
Deployment of an unsafe vehicle with defects to include the following which should be easily detectable during the required vehicle check-out:
Defective brakes and/or brake system.
Bald tires
Section 1002: Liquidated Damages of $500 per Incident (maximum of 4 incidents of each type per month).

Liquidated damages of $500 per incident shall be assessed and deducted for the following failures or occurrences:
Assignment of a driver known not to have a valid operator's permit/license for the vehicle type to which he or she was assigned.
Failure to properly review drivers' records during the hiring process; such records to include DMV checks, criminal records and drug-testing results. Failure to have radio dispatch control of vehicles at all times (other than due to technical failure of radio equipment, repeater, transmitters, etc.) Section 1003: Liquidated Damages of $50 per Incident (maximum of 4 incidents of each type per month).

Liquidated damages of $50 per incident shall be assessed and deducted for the following failures or occurrences:

Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
31 Failure to turn in fares for the previous day's operations by the next weekday (Monday through Thursday).
Use of a non-City receptacle to collect and transport fare box revenue. Turning in revenue without proper and accurate route identification. Use of a City fare box vault in service for other cities or systems.

Section 1004: Liquidated Damages of $25 per Incident.

Liquidated damages of $25 per incident shall be assessed and deducted for the following failures and occurrences:
Failure of any driver to wear his or her uniform.
Failure to fill out Driver's Logs.
Failure to clean the interior and/or exterior of the vehicles, as required.

Section 1005: Specific Performance Related Penalties and Liquidated Damages Notwithstanding the above caveat, the City shall impose penalties on the following basis for failure to meet agreed-upon performance standards:

A. Adherence to Schedule

1. Early Departure.If a service trip departs a stop or checkpoint in advance of the scheduled departure time, the penalty shall be $100 (one hundred dollars) per occurrence.

2. Late Departure.Between 10 to 15 minutes late. If a bus run departs more than 10 (ten) minutes but less than 15 (fifteen) minutes following the scheduled departure time, the penalty shall be $50 (fifty dollars) per occurrence.

3. Late Departure.More Than 15 minutes late. If a bus run departs more than 15 (fifteen) minutes following the scheduled departure time, the penalty shall be $75 (seventy-five dollars) per occurrence.

4. Incomplete Trip.If a service trip is not substantially completed, the penalty shall be $1,000 (one thousand dollars) per occurrence. If a departure occurs later than the time for which the next departure for such stop is scheduled to occur, such trip shall be deemed not to be completed.

5. Vehicle Not Available.If a service trip is not made, due to the unavailability of a vehicle, and a substitute vehicle is not made available, the penalty shall be $100 (one hundred dollars) per vehicle per day.

6. Deficient Vehicle Condition.If it is found that a service trip is made in a vehicle that is in a condition that renders it unfit for service (e.g., non-operational, poor appearance, mechanical malfunction, unreadable head sign) and this has not been Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
32 noted by the vehicle operator prior to start of service, the penalty shall be $100 (one hundred dollars) per day.

B. Reporting
The Contractor shall submit reports required on a quarterly basis to the City 30 (thirty) days following the close of the quarter. The Contractor shall submit reports required on an annual fiscal year basis to the City by 30 (thirty) days after the close of the fiscal year. The Contractor shall submit reports required on a monthly basis to the City by 15 (fifteen) days after the end of the month. The Contractor shall submit reports required on a daily or 24-hour basis to the City within 24 hours. Penalties of $50 (fifty dollars) shall be assessed for late reports.

C. Compton Transit Personnel Performance Standards

1. Operator Availability.Regularly assigned drivers or trained back-up drivers must be available and on time daily to insure consistent reliable service.

2. Knowledge of Service.All personnel are responsible for knowledge of the Compton Transit system. Project personnel must maintain a courteous attitude, answering to the best of their ability any passenger or employee requests regarding the provision of service. Personnel must also report all passenger complaints and/or operational problems to the Project Manager or Site Supervisor.

3. Driver Report.Drivers must accurately complete and submit daily required operating reports.

Section 1006: Exceptions to Liquidated Damages
In the assessment of any liquidated damages, NO DAMAGES SHALL BE ASSESSED

IF IT CAN BE DOCUMENTED THAT THE REASON FOR THIS FAILURE OR OCCURRENCE

LAY BEYOND THE CONTRACTOR'S REASONABLE CONTROL, OR IF THE TRANSIT

CONTRACTOR HAD BEEN GIVEN PERMISSION TO DEVIATE FROM THE TERMS OR STANDARDS OF THIS AGREEMENT BY THE CITY. Such reasons for such failure which lie beyond the Contractor's control may include, but are not limited to:
• Inclement weather
• Excessive traffic congestion
• On-board behavior problems
• Riots, strikes and/or other civil unrest
• Vandalism
• Accidents or incidents
• Unavailability of spare parts and/or fuel
• Emergency situations
• Overcrowding
• Vehicle breakdowns
• Delays by trains
No liquidated damages shall be assessed to the Contractor or deducted by the City for any month of operations if the liquidated damages for that month total less than $250.00. And no liquidated damages related to on-time performance shall be assessed for any day if the system-wide on-time performance for that day has met the City's performance standards. The Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
33 City shall not assess liquidated damages for the first 90 (ninety) days of service from the commencement date of this Contract.

11. INSURANCE:

Section 1101: Liability Insurance
For all vehicles used in the performance of service under this Contract, whether regularly deployed or used as spare vehicles, Contractor shall maintain in force at all times during the term of the Contract an insurance policy or policies providing comprehensive general liability, property damage, and automobile insurance in amounts of not less than the following limits or those limits currently required by California Vehicle Code § 16500.5 or Public Utilities Commission General Order 101E or any successor statutes or regulations, whichever is greater. `Ten million dollars ($10,000,000) for injury or death arising out of any one accident.
Three million dollars ($3,000,000) for injury or death to any one person. Two million dollars ($2,000,000) for property damage.
Such insurance shall be obtained only from a company rated "A" or better in the Best Insurance Guide, and authorized and licensed to do business in the State of California.
Additional insured’s have no liability for the payment of any premiums or assessments under the policy.
The insurance coverage’s afforded the additional insured’s under the policy shall be primary insurance, and no other insurance maintained by the additional insured’s shall be called upon to contribute with the insurance coverage’s provided by the policy.
Each insurance coverage under the policy shall apply separately to each additional insured against whom claim is made or suit is brought except with respect to the limits of the insurance company's liability. Nothing in the contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy.

All such claims shall be covered as third party claims (i.e., in the same manner as if separate policies had been issued to each insured). Nothing contained in this provision shall operate to increase or replicate the insurance company's limits of liability as provided under the policy.
The insurance afforded by the policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Contractor under the indemnification and/or hold harmless provision (s) contained in or executed in conjunction with the written agreement (s) designated in the insurance policy between the Contractor and the additional insured’s. The Contractor shall name as additional insured: the Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
34 City of Compton, its elected and appointed officials, officers, employees, agents and volunteers and Compton Fixed Route Transit System.
The policy is not to be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to the City, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of the insurance company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
The insurance company shall waive all rights of subrogation and contribution against the additional insured’s, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of Contractor regardless of any prior, concurrent, or subsequent active or passive negligence by the additional insured’s.
Insurance company shall agree that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of the contract of insurance.

Section 1102: Endorsements and Certificates of Insurance At all times during the term of this Contract, the Contractor shall maintain on file with the City endorsements of the insurance carrier or carriers showing that the aforesaid policies are in effect in the amounts above provided, the additional insured’s are named therein, and that the policies cannot be non-renewed, canceled or reduced except on thirty (30) days notice by the insurance carrier to the City. The endorsements shall also specifically state that the coverage contained on those policies affords insured with the terms and conditions as set forth in this Contract. The Contractor shall file such endorsements with the City prior to the commencement of service under this Contract. Endorsements shall be in approved form by the City's Risk Management office.

The Contractor shall also provide the City with certificates of insurance documenting its compliance with these provisions not less than ten (10) days prior to the commencement of service under this Contract. Said certificates shall name as additional insured: the City of Compton and its respective elected and appointed officers, officials, employees, agents and volunteers and the Compton Fixed Route Transit System as “additional insured’s”.

Section 1103: Workers' Compensation Insurance
Throughout the term of this Contract, the Contractor shall obtain and maintain Workers' Compensation Insurance and Employer's Liability Insurance as required by the laws of the State of California for all employees engaged in the performance of service as specified within the Contract. A certificate documenting such insurance shall be filed with the City prior to the commencement of the services described in this Contract and shall not be canceled or materially changed without a 45 day prior written notice to and subsequent written approval by the City.

Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
35 Section 1104: Indemnification and Hold Harmless
The Contractor agrees, to the fullest extent permitted by law, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnities") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the negligent performance or negligent or willful failure to perform any term, provision, covenant, or condition of this Contract, including this indemnity provision.

This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnities and shall operate to indemnify Indemnities less any Liabilities caused by Indemnities own active or passive negligence. This indemnity provision shall survive the termination of the Contract and is in addition to any other rights or remedies which Indemnities may have under the law. Payment is not required as a condition precedent to an Indemnity’s right to recover under this indemnity provision, and an entry of judgment (covered by this provision) against an Indemnity shall be conclusive in favor of the Indemnity’s right to recover under this indemnity provision. The Contractor shall pay Indemnities for any attorneys’ fees and costs incurred in successfully enforcing this indemnification provision to a judgment in court.

This indemnity is effective without reference to the existence or applicability of any insurance coverage’s which are required under the Contract or any additional insured endorsements which may extend to Indemnities.

The Contractor shall cause any contractors or subcontractors who perform any work on behalf of the Contractor prescribed hereunder to so indemnify the City and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns by execution of the approved forms.

12. COMPENSATION:

The compensation paid by the City to the Transit Contractor for the performance of services under this Agreement shall be computed at the following rates: $125.28 per Vehicle Service Hour, beginning November 19, 2024 through November 18, 2025, for a total of $2,149,805; $133.67 per Vehicle Service Hour, beginning November 19, 2025 through November 18, 2026, for a total of $2,293,777; and $140.11 per Vehicle Service Hour, beginning November 19, 2026 through November 18, 2027, for a total of $2,404,288.

Additionally, it is agreed between the City and the Transit Contractor that the City will pay the Transit Contractor $200,000.00 annually, for the three (3) year term of this Agreement for the purchase of fuel.

If the City decides to exercise one (1) or both of the extension options, it is agreed that the compensation to be paid by the City to the Transit Contractor for Option 1 (November 19, 2027 through November 18, 2028) shall be limited to the total amount of $2,521,834 and Option Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
36 2 (November 19, 2028 through November 18, 2029) shall be limited to the total amount of $2,648,818.

Section 1201: Liquidated Damages and Adjustments
The monthly total of compensation paid to the Transit Contractor by the City shall be adjusted by the non-disputed Liquidated Damages assessed and deducted from the amount due, as described in Section 10 of this Agreement. Such deduction shall be made from the payment for the month following the month of service for which such liquidated damages have been assessed, providing the Transit Contractor sufficient time to investigate the assessment of damages and provide documentation of their invalidity.

In addition, the Transit Contractor shall be entitled to obtain an increase in the overall per vehicle service hour rate, negotiated in good faith with the City, if and when any of the cost items identified in the cost proposals increase by more than ten percent (10%) per year, except:

Cost increases in labor, fringe benefits, maintenance and depreciation may lead to a rate increase only if and when such an increase is the result of statutory or regulatory changes or other institutional mandates beyond the Contractor’s control.

Section 1202: Payment Schedule
Transit Contractor shall be reimbursed within thirty (30) days, or as promptly as fiscal procedures may permit, upon receipt by the City of invoices, accompanied by all reports and other submittals required by Section 5, 8 and (occasionally) 11 of this Agreement. To the best of its ability, the Transit Contractor shall make all reasonable efforts to submit its invoices for service and accompanying documentation within five (5) calendar days following the month of service to which the invoice shall apply. Failure to comply with this schedule may result in a delay of payment to the Transit Contractor of one disbursement cycle.

13. SUBCONTRACTING, DELEGATION AND ASSIGNMENT:

The Transit Contractor shall not delegate, subcontract or assign its duties or rights to the performance of the service described in this Agreement to any other party, either in whole or in part, without the prior written consent of the City, notwithstanding the specific exceptions noted in Section 1303 below.

Section 1301: Conditions for Permission to Assign
Should the Transit Contractor wish to subcontract, delegate or assign the performance of all or part of its responsibilities under this Agreement, it must submit to the City, in writing:
An identification of that portion of service it wishes to subcontract, delegate or assign;
A complete description of the proposed assignee, delegate or subcontractor, along with their capabilities to perform such services, and the anticipated impact of such assignment, delegation or subcontract to the performance of such services; and
Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
37 A written agreement to assure full liability and responsibility for the performance of all such services performed by an assign, delegate or subcontractor in the event that the assignee, delegate or subcontractor defaults in honoring its responsibilities thereto.

The assignment, delegation or subcontracting of any responsibilities outlined in this Agreement must be approved in writing by the City.

Any assignment, delegation or subcontract shall be made in the name of the Transit Contractor, and shall not bind or purport to bind the City, and shall not release the Transit Contractor from any obligations to the City under this Agreement including, but not limited to the duty to properly supervise and coordinate the services performed by the Contractor’s manage, employees, assignees, delegates and/or subcontractors. No such assignment, delegation or subcontract shall result in any increase in the amount of total compensation due and payable to the Transit Contractor under this Agreement.

Section 1302: Prohibitions of Assignment
Performance of the following services and tasks may NOT be assigned under any conditions, and therefore, will require a formal amendment to this Agreement in order to be effected:
Employment, management and/or supervision of drivers.
Employment, management and/or supervision of the Project Manager and/or Site Supervisor.
Provision of vehicles.
Monitoring of service.
Preparation of accident and incident reports.
Scheduling and assignment of drivers and/or vehicles for service, and vehicles for maintenance.
Dispatching services.

Section 1303: Acceptable Assignments
The following services may be assigned without permission from the City, so long as the quality and adequacy of such services comply with the standards for such described Agreement and, at minimum, conform to or exceed the quality of such service as provided directly by the Transit Contractor:
Fuel
Spare parts
Training Drug-testing
Uniform provision and cleaning
Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
38 Vehicle cleaning
Recruiting
Fringe benefit services
Maintenance of the vehicles
Handling and transferring of fare box revenue.

14. TERMINATION. SUSPENSION AND CANCELLATION
Upon a determination by either party to this Agreement that the other party has failed to comply with any of the terms or provisions of this Agreement, a notice of intent to terminate shall be delivered, by certified mail, to the other party. The Notice to Terminate shall specify the failure, and the reasons for the termination.

Section 1401: Status of Notice to Terminate
If the reason for the City's transmittal of a Notice to Terminate to the Transit Contractor is directly related to the Contractor's gross disregard of the provision of safe transportation, and the City may reasonably suspect that such disregards is related to policies, attitudes or ineptitude, such that a remedy to the immediate cause of the Notice to Terminate could not reasonably assure the City that such causes would not be repeated, then the Transit Contractor may be granted an opportunity to remedy the problem only if given specific permission to do so by the City. In such cases, the opportunity to remedy the problem shall not be automatic, but at the reasonable discretion of the City. Other than directly related to the safety of transportation, the party receiving a Notice to Terminate shall be given a period of ten (10) days following its receipt of such Notice to remedy the problem and to provide assurances to the other party that the problem will not occur again, or if it should, that the party creating the problem will monitor, discover and correct it in an extremely short period of time, such period as shall be reasonably given the severity of the problem and the ability to detect it easily and quickly, given diligent monitoring efforts.

Should the party receiving the Notice to Terminate not remedy the problem within the allowed specified time, then the party issuing the Notice to Terminate shall have the right to transmit an Order to Cease and Desist. Such Order to Cease and Desist shall take effect immediately if the problem presents or may reasonably present an endangerment to passengers or other members of the community in or surrounding the service area. Otherwise, the party being issued the Order to Cease and Desist shall have a period of 30 days to cease and desist from all operations, except that the party issuing the Order to Cease and Desist may extend the period, at its option, up to 90 days, in order to provide the City ample time to procure replacement services.

Section 1402: Compensation During Period of Order to Cease and Desist Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
39 During the period between a party's receiving an order to Cease and Desist and the final day of service, it shall be entitled to full compensation, according to the terms and conditions of this Agreement for all services rendered during this period, Section 10 of this Agreement notwithstanding.

Section 1403: Termination for Cause
Except as otherwise provided herein, a party to this Agreement may terminate the Agreement only for cause as provided in this Agreement.

Section 1404: Costs of Replacement Service
Should the City issue an Order to Cease and Desist, it may retain the Contractor's final month's payment for a period of six (6) months. During these six months, and assuming that replacement services do not begin until 90 (ninety) days following the issuance of the Order to Cease and Desist, the City must make its best faith efforts to obtain replacement services at a cost equal to or less than that provided to the Contractor for equal or superior service.

However, should the costs of obtaining the replacement services exceed the costs for such services as provided by the Contractor, then the Contractor shall be responsible for paying to the City the difference between its costs and the costs for replacement services for the first six (6) months of the replacement services. In order to collect these differences, the City may accumulate the total additional costs over the first six (6) months of the replacement service's contract, and then deduct such additional costs from the final payment due to the Contractor.

In order to mitigate the consequences of such payment deduction, the City will accept the Contractor's assistance in locating a replacement service in good faith.

Section 1405: Termination for Extraordinarily Poor Performance Apart from the right to terminate this Agreement for cause related to violations of the provisions contained herein, the City may exercise a special right to terminate the Agreement if the violations for which liquidated damages are charged become excessive and remain so for a period of three consecutive months. For purposes of this Section, "excessive" may be measured in one of several ways:
The number of violations or failures in at least three areas reaches the maximum number of incidents for which liquidated damages may be assessed. Violations of a single incident of liquidated damages of $750.00 per incident occur at least one in three successive months of service. The amount of liquidated damages exceeds three percent (3%) of the Contractor's total compensation otherwise due for three successive months.

In such cases, the Contractor's right to remedy the problem or problems shall not exist, as the parties agree that the Transit Contractor shall have been placed on notice of its pending violation of this provision by the City's assessment of excessive liquidated damages during the first three successive months. The continuation of the problems for which damages are assessed for two additional months shall comprise evidence of the Contractor's inability or Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
40 unwillingness to resolve the problems. Accordingly, under these circumstances, the Transit Contractor hereby agrees that its right to remedy the problem or problems identified in the Notice to Terminate shall have been conclusively waived.

Section 1406: Termination for Unavailability of Funds
Transit Contractor understands and agrees that state constitutional limitations preclude City from incurring a financial obligation, which exceeds the amount of funds presently available for commitment to such an obligation. Therefore, it is mutually agreed and understood that, at any time during the term of this Agreement, funds may not be available for the payment of additional services and other payments otherwise required under this Agreement. City does, however, agree to use its best efforts to obtain funds throughout the term of this Agreement which funds may be committed to the obligations contained herein. In the event such funds are not allocated by City Council to the payments required under this Agreement, City will provide notice of its inability to continue to make payments under this Contract at such time as City becomes aware of the non-appropriation of funds. Such notice shall not release or relieve City from all payment obligations preexisting under this Contract and owed to Transit Contractor.

In the event of such unavailability of funds, if City exercises its right to terminate this Agreement, City shall not be responsible for damages or costs of any kind or nature incurred by Transit Contractor as a result of such termination. Availability of funds will be determined at the sole discretion of City.

15. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS:

It is the intention of both parties to this Agreement that the laws of the United States and the State of California, as well as all county and local regulations shall govern the performance of services within this Agreement and the conduct of both parties to this Agreement in the performance of those services.

Section 1501: Contractor's Compliance
In its performance of services within this Agreement the Transit Contractor warrants and certifies that it shall comply with all Federal, State, County and local laws and regulations pertaining to the operation, inspection and maintenance of vehicles, the provision, supervision and management of labor, and any and all other laws and regulations related to any aspects of the provision of service as described within this Agreement.

Section 1502: Licenses and Permits
The Transit Contractor and any of its agents or employees engaged in the provision of service described within this Agreement shall maintain all current permits and licenses as may be required by law for the operation of business and the performance of any and all services under this Agreement.

16. INDEPENDENT CONTRACTOR/CONFIDENTIALITY:

Transit Contractor is, and shall at all times remain as to City, a wholly independent Contractor. Transit Contractor shall have no power to incur any debt obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Transit Contractor or any of Contractor's employees, except as set forth in this Agreement. Transit Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Transit Contractor agrees to pay all required taxes on amounts paid to Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
41 Transit Contractor under this Agreement, and to indemnify and hold City harmless from all taxes, assessments, penalties, and interest asserted against City by reason of the independent Contractor relationship created by this Agreement. Transit Contractor shall full comply with the workers' compensation law regarding Transit Contractor and Contractor's employees.

Contractor further agrees to indemnify and hold City harmless from any failure of Transit Contractor to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any undisputed amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification under this Section. Any disputed fee amounts under this Agreement shall be resolved pursuant to Section of this Agreement.

Transit Contractor covenants that all personal information received by Contractor's personnel is confidential and shall not be disclosed by Transit Contractor personnel without written authorization by City. City shall grant such authorization if disclosure is required by law.

Contractor's covenant under this section shall survive the termination of this Agreement.

17. CONFLICT OF INTEREST:

The parties to this Agreement agree that, to the best of their knowledge, no member of the City Council, officer or employee of the City has any interest whether contractual, non- contractual, financial or otherwise in this transaction, nor in other business of the Contractor's, and that if any such interests comes to the knowledge of either party at any time during the term of this Agreement, that party shall immediately make a full and complete disclosure of such conflict of interest, including all pertinent information, to the other party in writing. This provision is required even if and when such conflict of interest does not constitute a violation of any laws or regulations.

The Transit Contractor attests that, at the time of execution of this Agreement, it has no interest in, nor does it intend to acquire any interest in, any business or other transaction or relationship with the City which might constitute a conflict of interest, direct or indirect. The Transit Contractor further warrants that, in the performance of the services described within this Agreement, no person having any such interest shall be employed by the Transit Contractor, unless such interest lies beyond the reasonable detection by the Transit Contractor.

18. NON-DISCRIMINATION:

In the performance of this Agreement, the Transit Contractor shall not discriminate against any passenger, employee, subcontractor or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. The Transit Contractor shall take affirmative action to ensure that passengers are served, subcontractors and applicants are employed, and employees are treated during their employment without regard to their race, color creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, notwithstanding the degree to which such a characteristic may limit the employees or potential employee's ability to physically perform the tasks required by this Agreement to which he or she would likely be assigned.

Section 1801: Affirmative Action
The Transit Contractor shall make deliberate efforts to involve minority and women in the following areas necessary to the provision of services as described within this Agreement:

Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
42 Employment
Promotion
Recruitment
Compensation and bonuses
Selection for training and apprenticeship
Further, the Transit Contractor shall take affirmative action to include, to the degree possible, minority subcontractors in the provision of services and goods identified as assignable under Section 13 of this Agreement.

19. RESOLUTION OF DISPUTES:

Section 1901: Binding Arbitration
In order to minimize the time and cost associated with the resolution of any disputes resulting for the performance or nonperformance of any services described within this Agreement, the parties may, but need not, choose to have such disputes resolved by binding arbitration. If binding arbitration is selected, each party shall select one arbitrator, and the two arbitrators shall jointly select a third arbitrator. Arbitration shall be conducted in conjunction with, and under the auspices and authority of the American Arbitration Association.

Section 1902: Legal Remedies
Should binding arbitration not be selected by mutual consent of both parties to this Agreement, the parties may seek relief through the legal system, within the jurisdiction of the State of California and the County of Los Angeles, if applicable. If any action or proceeding at law is commenced to enforce any provisions or rights under this Agreement, the unsuccessful party to such action or proceeding as determined by the court in a final judgment or decree shall pay to the prevailing party, without limitation, such costs, expenses and fees as were incurred in its efforts related to such proceedings, including the costs associated with any appeal. And if such prevailing party shall recover judgment in any such action or proceeding, such costs, expenses and attorney's fees shall be included as part of such judgment.

20. NOTICES:

Except where verbal or oral notifications specifically are provided for within this Agreement, any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the parties regular business hours or by facsimile before or during the parties regular business hours; or (b) on the fifth day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in Section 102 of this Agreement or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. Notices shall be sent to the representatives of the parties to this Agreement identified in Section 102 of this Agreement.

21. AMERICANS WITH DISABILITIES ACT (ADA):

The Contractor agrees to comply with the provisions of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 (PL#93-112).

Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
43 22. DEBARMENT/SUSPENSION STATUS:

The Contractor shall provide the City with a certification addressing its debarment and suspension status and that of its principals. During the term of the Contract, the Contractor shall inform the City of any changes in the suspension or debarment status of the Contractor or its principals within ten days after such changes occur.

23. EQUAL EMPLOYMENT OPPORTUNITY (EEO):

The Contractor agrees to comply with the equal opportunity provisions of the Civil Rights Act of 1964, Executive Orders Numbers 11375 and 11246, as amended, as supplemented in the Department of Labor Regulations at 41 C.F.R. Part 60, and the relevant rules, regulations, and orders of the Secretary of Labor. In connection with the performance of the Contract, the Contractor shall comply with all the clauses set forth in 41 C.F.R. 60-1.4(b) as if such clauses were set forth in their entirety in this Contract. In addition, if appropriate, the Contractor agrees to comply with clauses set forth in 41 C.F.R. 60-4 as if such clauses were set forth in their entirety in this Contract.

24. DISADVANTAGE BUSINESS ENTERPRISE:

It is the City’s requirement that DBEs as defined in 49 C.F.R. Part 26 shall have the maximum opportunity to participate in the performance of contracts and subcontracts financed under this Contract. The City encourages the Contractor to utilize DBEs to the maximum extent feasible in the performance of contracts and subcontracts for the services provided under the Contract. The City requires DBEs to be 16%.

25. RATIONING AND EMERGENCY SITUATIONS:

Either party to this Agreement shall not be held to compliance if and when its resources are rationed by a government or other entity for use in an emergency situation, including but not limited to war, riots and/or civil disobedience.

26. PROTECTION OF INTERESTS:

The Transit Contractor shall enter into no other agreements and make no other transportation service commitments which shall have a reasonable likelihood of interfering with, or adversely affecting, the provision of services described within this Agreement unless otherwise authorized to do so, in writing, by the City.

27. CHANGES IN CONTRACTUAL STATUS:

Section 2701: Mutually Agreed-Upon Changes and Amendments The parties to this Agreement may, at their mutual consent and discretion, adjust, extend or otherwise modify the scope of services as described within this Agreement. To the extent that such adjustments, extension or modifications are desired or agreed upon, such must be documented in writing and signed by both parties to this Agreement.

Section 2702: Compliance
Any amendment to or modification of this Agreement shall comply with requirements of all applicable Federal, State and local statutes and regulations.

Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
44 Section 2703: Waiver
No waiver of a breach of any provision of this Agreement by either party shall constitute a waiver of any other breach of any provision of this Agreement, and shall not be construed as a waiver thereof.

Section 2704: Severability
If any provision of this Agreement is held to be inoperative, unenforceable, or otherwise invalid, the remaining provisions hereof shall remain in full force and effect without regard to such inoperative, unenforceable or otherwise invalid provision.

28. FORCE MAJEURE:

Either or both parties to this Agreement shall be excused from their mutual requirements to perform the service specified hereunder if and when either or both are prevented from so doing by Acts of God, strike and/or commandeering of vehicles, materials, products, plants or facilities by the government, or other event beyond the reasonable control of a party when evidence thereof is presented to the other party.

In the event that the Transit Contractor is unable to perform the services described within this Agreement as a result of such circumstances, the City shall be free to temporarily assign either those not performed responsibilities, or the full scope of responsibilities if partial assignment is not possible, to another company or agency until such time as the party unable to perform is once again able to do so. In such a case, the City shall bear the full and complete costs of reimbursing the temporary assignee for services performed. If the Transit Contractor is unable to resume the performance of the complete scope of services within six (6) months after cessation of performance of a portion of these services, the City may elect to terminate the Agreement, notwithstanding the recourse identified for termination as described in Section 14 above.

29. ENTIRE AGREEMENT:

This Agreement, its attachments and other documents incorporated herein by reference constitute the entire agreement and understanding of the parties hereto, contain all the terms and conditions agreed upon by the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either of the parties hereto. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties hereto.

30. EXHIBITS:

Attachments which follow and those which have been incorporated herein by reference, are included as formal provisions of this Agreement and carry the full force and effect of any other provision of the Agreement.

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

MV TRANSPORTATION, INC.

TRANSIT CONTRACTOR
Fixed Route Transit Services Agreement
Compton Renaissance Fixed Route Transit System
MV Transportation, Inc./Resolution No.
45 By: ____________________________________ Dated: ___________________ Erin Niewinski, EVP & CFO
Dated: __________________ By: ___________________________________ Willie A. Hopkins, City Manager
Approved as to form:

By: ____________________________________ Dated: _________________ Eric J. Perrodin, City Attorney
ATTEST:

Dated: ____________________ By: _________________________________ Vernell McDaniel, City Clerk

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