Compton City Council
April 1, 2025

Members of the public may address the City Council on any item shown on the agenda or matter of the Council’s authority after completion of “Request to Address the Council Form” available in the lobby of the Council Chambers or in the City Clerk’s office. This form must be completed 15 minutes prior to the scheduled meeting time. Pursuant to Section 54957.5 of the California Government Code, Any writings (Except for those writings which are exempt from disclosure) which are distributed to all or a majority of the members of the City Council are available for public inspection in the lobby of the City Council Chambers and in the office of the City Clerk during regular business hours.

COMPTON CITY COUNCIL
AGENDA
04/01/2025
5:30 PM – PUBLIC MEETING
5:45 PM – PUBLIC HEARING
205 S. WILLOWBROOK AVE
COMPTON, CA 90220

HEARING(S)
JOINT PUBLIC HEARING:

CITY COUNCIL AND UCDC 2025 PHA ANNUAL PLAN on Tuesday, April 1, 2025 @ 5:45PM

OPENING

ROLL CALL

MOMENT OF SILENCE

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. CERTIFICATE PRESENTATION IN THE MEMORY OF CESAR CHAVEZ, “LEADING THE WAY AWARD” - Mayor Emma Sharif

PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
-2- City Council Agenda
4/1/2025 5:30 PM

REGULAR AGENDA

CITY MANAGER'S REPORT

2. REQUEST TO AUTHORIZE TRAVEL FOR ELECTED OFFICIALS - PALM DESERT ON APRIL 30, 2025 - MAY 1, 2025

UNFINISHED BUSINESS

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

AUTHORIZING THE CITY MANAGER TO ACCEPT THE ESTIMATE OF
INNOVATIVE PLAYGROUNDS CO., INC., AND AUTHORIZING THE CITY

MANAGER TO ENTER INTO A CONSTRUCTION CONTRACT WITH
INNOVATIVE PLAYGROUNDS CO., INC, AND AMENDING THE GRANTS DEPARTMENT FY2024-2025 BUDGET TO ESTABLISH A PURCHASE ORDER

FOR THE LUEDERS PARK PLAYGROUND IMPROVEMENT PROJECT FOR THE AMOUNT OF $697,517.33

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

AUTHORIZING THE CITY MANAGER TO AMEND THE GRANTS MANAGEMENT DEPARTMENTS’ 2024-2025 FISCAL YEAR BUDGET AND APPROPRIATE FUNDS WITHIN THE FY2020 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND AND ISSUE A PURCHASE ORDER TO CREATIVE BUS SALES IN THE AMOUNT OF ($272,304.96) FOR THE PURCHASE OF TWO (2) GAS

FUELED BUSES FOR THE DIAL-A-RIDE PROGRAM

COUNCIL COMMENTS

ADJOURNMENT
NEXT REGULAR MEETING: 4/8/2025 5:30 PM
Visit our website at http://www.comptoncity.org

2. APRIL 1, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: TURMEL WOODS, GRANTS COMPLIANCE MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ACCEPT THE ESTIMATE
OF INNOVATIVE PLAYGROUNDS CO., INC., AND AUTHORIZING THE

CITY MANAGER TO ENTER INTO A CONSTRUCTION CONTRACT
WITH INNOVATIVE PLAYGROUNDS CO., INC, AND AMENDING THE
GRANTS DEPARTMENT FY2024-2025 BUDGET, TO ESTABLISH A

PURCHASE ORDER FOR THE LUEDERS PARK PLAYGROUND
IMPROVEMENT PROJECT FOR THE AMOUNT OF $697,517.33

SUMMARY
Adoption of the attached resolution will authorize the City Manager to accept the estimate of Innovative Playgrounds Co., Inc. in the amount of Six Hundred Ninety-Seven Thousand Five Hundred Seventeen Dollars and Thirty-Three Cents ($697,517.33), to enter into a construction contract to provide specified construction services for the Lueders Park Playground Improvement Project, to authorize an amendment to the Grants Department FY2024-2025 Budget, and to establish a purchase order for Innovative Playgrounds Co., Inc. in the amount of $697,517.33.

BACKGROUND
The City of Compton’s Recreation Department provides resources which meet the needs of the community through highly accessible, enjoyable and varied opportunities for learning and recreation. More specifically, the parks within the City of Compton offer a source of recreation for the community. Lueders Park, located within the City of Compton, has a playground. The playground equipment has significant damage and requires replacement. In order to replace the equipment, the City of Compton must contract with a professional provider. The City has partnered with Innovative Playgrounds Company Inc, a Sourcewell company.

Innovative Playgrounds Company brings over 40 years of combined commercial playground sales and construction experience in the park, recreation, school, and childcare industry. They are well established and are a professional representative firm serving California for some of the most prestigious manufacturers like BCI Burke Company LLC, who is a Sourcewell member, as well as the parent company of Innovative Playgrounds Co., Inc.

3. Staff Report
Lueders Park Playground Equipment Upgrade
Innovative Playground Co., Inc.

STATEMENT OF ISSUE
The Parks Maintenance Department does not employ personnel with the skills or qualifications to install playground equipment; thus, in May 2023 staff researched Sourcewell for this project to secure a qualified contractor and selected Innovative Playgrounds Co., Inc.

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to Federal, State/Province, and Municipal Governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. The City of Compton is a Sourcewell participating agency. As a participating agency with Sourcewell, the City of Compton does not need to complete the bidding process.

FISCAL IMPACT
The total cost for Fiscal Year 2024-2025 is $697,517.33. A budget amendment is being requested for the funds for these expenditures to be made available in the Grants Department’s 2024-2025 fiscal year budget. Specifically, the following budget amendment is being requested:

Increase in revenue appropriations in:

Account Code Account Name Amount
2800-540-L66-3583 CDBG, FY22 Grant year $697,517.33
HUD Revenue account
And, Increase in expenditure appropriations in:

Account Code Account Name Amount
2800-540-L66-4300 CDBG, FY22 Grant year, $697,517.33
Capital outlay account
If approved, then funds will be available in the CDBG account number 2800-540-L66-4300. As a CDBG qualifying project, the City of Compton will be reimbursed, on a perpetuitous bases, for the expenses related to the replacement of the playground equipment at Lueders Park, as claims are filed with HUD.

Staff Report
Lueders Park Playground Equipment Upgrade
Innovative Playground Co., Inc.

RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution establishing, and authorizing, the City Manager to enter into a construction contract with Innovative Playgrounds Co., Inc, authorize an amendment to the Grant’s Department FY2024-2025 Budget, and to open a Purchase Order to secure playground equipment replacement services for Lueders Park within the City of Compton during the fiscal year 2024-2025.

TURMEL WOODS

GRANTS COMPLIANCE MANAGER
APPROVED FOR FORWARDING:

WILLIE A. HOPKINS JR.

CITY MANAGER
RESOLUTION NO. _______________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ACCEPT THE ESTIMATE OF
INNOVATIVE PLAYGROUNDS CO., INC., AND AUTHORIZING THE CITY

MANAGER TO ENTER INTO A CONSTRUCTION CONTRACT WITH
INNOVATIVE PLAYGROUNDS CO., INC, AND AMENDING THE GRANTS DEPARTMENT FY2024-2025 BUDGET, TO ESTABLISH A PURCHASE ORDER

FOR THE LUEDERS PARK PLAYGROUND IMPROVEMENT PROJECT FOR THE AMOUNT OF $697,517.33
WHEREAS, adoption of the attached resolution will authorize the City Manager to accept the estimate of Innovative Playgrounds Co., Inc. in the amount of Six Hundred NinetySeven Thousand Five Hundred Seventeen Dollars and Thirty-Three Cents ($697,517.33), to enter into a construction contract to provide specified construction services for the Lueders Park Playground Improvement Project, to authorize an amendment to the Grants Department FY2024-2025 Budget, and to establish a purchase order for Innovative Playgrounds Co., Inc. in the amount of $697,517.33; and
WHEREAS, the City of Compton’s Recreation Department provides resources which meet the needs of the community through highly accessible, enjoyable and varied opportunities for learning and recreation; and
WHEREAS, more specifically, the parks within the City of Compton offer a source of recreation for the community. Lueders Park, located within the City of Compton, has a playground which has significant damage and requires replacing; and WHEREAS, Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to Federal, State/Province, and Municipal Governmental entities, higher education, K12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. The City of Compton is a Sourcewell participating agency. As a participating agency with Sourcewell, the City of Compton does not need to complete the bidding process; and
WHEREAS, to replace the equipment, the City of Compton must contract with a professional provider and has partnered with Innovative Playgrounds Co., Inc, a Sourcewell company; and
WHEREAS, City Council approval is needed to secure playground equipment replacement services for Lueders Park, located within the City of Compton; and Resolution No.__________

WHEREAS, the Department of Recreation is requesting authorization to secure playground equipment replacement services in the amount of $697,517.33; and WHEREAS, the City noticed the revised proposed reallocation of CDBG funds for 30- days for public view and comment in the Compton Bulletin Newspaper and informed citizens that they had an option to call, email and submit written comments on the proposed reallocation plan; and
WHEREAS, the funds for these expenditures is being requested to be made available in the Grants Management Department’s 2024-2025 fiscal year budget. Specifically, funds are being requested to be made available in the Contract Services account number 2800-540-L66- 4300. As a CDBG qualifying project, the City of Compton will be reimbursed, for the expenses related to playground equipment replacement services.

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

Section 1. That the City Manager, is hereby authorized, on the advice and approval of the City Attorney, to enter into a construction contract, in the amount of $697,512.33, for playground equipment replacement services for Lueders Park, located within the City of Compton, with Innovative Playgrounds Co., Inc.

Section 2. That the City Manager is authorized to open a Purchase Order with Innovative Playgrounds Co., Inc. for $697,517.33 to secure playground equipment replacement services for Lueders Park, located within the City of Compton, from the following account: 2800-540- L66-4300, CDBG, FY2022.

Section 3. That the Grants Department FY2024-2025 Budget is authorized to be amended as follows:

Increase in revenue appropriations in:

Account Code Account Name Amount
2800-54-L66-3583 CDBG, FY22 Grant year $697,517.33
HUD Revenue account
And, Increase in expenditure appropriations in:

Account Code Account Name Amount
2800-540-L66-4300 CDBG, FY22 Grant year, $697,517.33
Capital outlay account
Resolution No.__________

Section 4. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Attorney, City Manager, Grants Management Department, Recreation and the City Controller.

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

ADOPTED this ________day of __________________, 2025
_______________________________

EMMA SHARIF

MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
SATRA D. ZURITA

CITY CLERK OF THE CITY OF COMPTON
Resolution No.__________

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF COMPTON )
I, Satra D. Zurita, 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 Clerk at a regular meeting thereof held on this _______day of ____________, 2025.

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

AYES: COUNCILMEMBERSNOES: COUNCILMEMBERSABSTAIN: COUNCILMEMBERSABSENT: COUNCILMEMBERS- ___________________________________
SATRA D. ZURITA

CITY CLERK OF THE CITY OF COMPTON
ESTIMATE VALID FOR 30 DAYS
Acceptance of estimate: the above prices, specifications and conditions are satisfactory and are hereby accepted. Any alterations or deviations from the above will be accepted only upon written notice and will become an extra charge over and above the estimate period. 50% deposit due with order, unless net 30 terms have been approved.

Innovative Playgrounds Co., Inc.
12407 E. Slauson Ave. Unit D
Whittier, CA 90606
562-693-5200
www.innovplay.com
Estimate

ADDRESS
City of Compton
205 S. Willowbrook Ave.

Compton, CA 90220
SOURCEWELL ID# 21015

SHIP TO
Lueders Park
1500 Rosecrans Ave.

Compton, CA 90222
ESTIMATE # DATE
10915 01/29/2025
TRACKING NO. SALES REP
New Play Units Alvino

ACTIVITY DESCRIPTION AMOUNT
DEMO Demo and dispose of existing play equipment. 15,739.44 DEMO Demo and dispose of approx. (6885) sq. ft. of existing woodchips at 12". Demo and dispose of approx. (420) LF of existing raised concrete curbing
53,071.48
PREP-BASE Install (6885) sq. ft. of aggregate base at 11" depth to prep for rubber surfacing. 54,498.17 PLAY UNIT Supply Burke Play Equipment as per drawing #513-196257-1, includes (1) "Nucleus Series" Unit for 5-12 age group and (1) for 2-5 age group with 5" OD aluminum posts, integrated shade canopies, (1) Inclusive Volta Spinner, (1) Orb Rocker, (1) Custom Giant Burke Chair, (2) swing belt seats, (1) swing tot seat, (1) ADA Freedom swing seat, (1) Konnection swing seat, freestanding activity panel clusters, and (2) Freestanding Welcome/Safety Age Sign.

LIST PRICE $249,996.00
"SOURCEWELL CUSTOMER DISCOUNT" APPLIED ($37,499.40)
(Burke Sourcewell Contract # 010521-BUR)
212,496.60T
PLAY EQUIPMENT Supply the following 2025 NEW Burke items (Open Market):
(1) Pathway Link, Model #370-0181, List Price $2,850.00 ea. (1) Terrex Climber Model #370-0210, List Price $4,033.00 ea. (1) Pathway Climber Model #370-1742, List Price $1,550.00 ea. (1) Touch Single Post Activity Model #570-2748, List Price $212.00 ea. (1) Ring Single Post Activity Model #570-2752, List Price $259.00 ea. (1) Evolution Arch Swing Model #550-0228, List Price $3,100.00 ea. (1) Evolution Arch Swing Added Bay Model #550-0229, List Price $2,035.00 ea. (1) Evolution Tot Swing Add-On Model #550-0232, List Price $954.00ea. (1) Nido Spinner Model #560-0073, List Price $4,250.00 ea.

IN KIND CUSTOMER DISCOUNT APPLIED ($2,886.45)
16,356.55T
INSTALLATION-1 Install Burke Play Equipment as per drawing #513-196257-1 into base. 130,343.52 PIP-1 Supply approx. (6,885) Sq. Ft. of 3.5" thick Pour in Place surfacing with 1/2" EPDM cap. PIP to be 50% color (to be selected from manufacturer standard colors at time of order placement) and 50% black, with aliphatic binder.
98,676.85T
INSTALL-PIP Install approx. (6,885) Sq. Ft. of 3.5" thick Pour in Place surfacing with 1/2" EPDM cap and aliphatic binder. 57,269.30 TEMP. FENCING Provide temporary fencing during installation of play equipment and play area surfacing. 4,064.79 FREIGHT BURKE Shipping charge to Compton, CA. Freight price valid for 30 days only, due to fluctuating fuel pricing.

Please requote after 02/20/25.
9,700.00
FREIGHT PIP Rubber Shipping charge to Compton, CA. Freight price valid for 30 days only, due to fluctuating fuel 11,728.80 ESTIMATE VALID FOR 30 DAYS
Acceptance of estimate: the above prices, specifications and conditions are satisfactory and are hereby accepted. Any alterations or deviations from the above will be accepted only upon written notice and will become an extra charge over and above the estimate period. 50% deposit due with order, unless net 30 terms have been approved.

ACTIVITY DESCRIPTION AMOUNT
pricing. Please requote after 02/21/25.

INCLUDES Pricing includes previaling wage rates. 0.00T
EXCLUDES Pricing excludes regular wage rates, permits, bonds, any border material and/or concrete curbing, fencing (permanent), special installation due to unforeseen site conditions and any additional site work/preparation/amenities.

0.00T
SPECIAL NOTE:

City to supply evening security.

NET 30 PAYMENT TERMS:

NET 30 ON PO'S FROM CITIES, SCHOOL DISTRICTS, STATE, OR FEDERAL ENTITIES.

0.00T
SUBTOTAL 663,945.50
TAX (10.25%) 33,571.83
TOTAL $697,517.33
Accepted By Accepted Date

CONSTRUCTION SERVICES AGREEMENT

BETWEEN

CITY OF COMPTON
AND
INNOVATIVE PLAYGROUND CO., INC.
[Renovations @ Lueders Park]
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 INNOVATIVE PLAYGROIUND CO., INC. (hereinafter referred to as “CONTRACTOR”) located at 12407 E Slauson Ave, Unit D, Whittier, California 90606, (each a “Party” and collectively, the “Parties”).

RECITALS:

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

B. Contractor is a corporation duly organized and in good standing in the State of California. Contractor represents that it is duly licensed (State Lic. No. 1032775) by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Agreement.

C. City and Contractor enter into this Agreement for the purpose of retaining Innovative Playground Co., Inc. (Contractor) to perform that specified construction/renovation work at Lueders Parks (“Project”).

D. Authorization to enter into this Agreement is pursuant to Resolution No. ______ adopted by the City Council on ____________, 2025.

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

1.0 GENERAL PROVISIONS

1.1 Definitions.

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

1.1.2 “Contract Documents” consists of this Agreement (interchangeably “Contract”), (including all exhibits and schedules), any amendments and clarifications issued thereto, the “Notice Inviting Bids,” “Instructions to Bidders,” any “Supplementary Instructions to Bidders,” and any addendum(s) and supplements thereto issued by the City, the “Proposal” and any “Bid/Unit Price Proposal” submitted by the Contractor, the plans, general conditions, special provisions, standard and technical specifications, schedules, exhibits, drawings, designation of subcontractors, information required of bidder, all required bonds, insurance policies, endorsements, certificates, permits, notices and affidavits, notice to proceed, notice of Construction Services Agreement – Innovative Playgrounds Co., Inc.

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completion, any Change Orders, the provisions of the Standard Specifications for Public Works Construction (SSPWC/Greenbook), latest Edition (except as modified), Standard Specifications of the State of California Department of Transportation (CalTrans), latest Edition (except as modified), Work Area Traffic Control Handbook (WATCH), latest Edition, CalTrans Standard Drawings, latest edition, Manual on Uniform Traffic Control Devices (MUTCD), latest Edition, MUTCD Latest California Supplement, California Stormwater BMP Handbook for Construction, latest edition (published by California Stormwater Quality Association), City of Compton standards, and any and all other documents identified in the Contract Documents which together form the agreement between the City and the Contractor.

1.2 Public Work of Improvement.

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

1.3 Trust and Confidence.

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

1.4 Standard of Care.

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

1.5 Compliance with Applicable Laws.

Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project, and shall give all notices and comply with all applicable laws and lawful orders of any governmental authorities (including, without limitation, those laws, ordinances, rules, regulations and lawful orders relating to safety, prevailing wage, Hazardous Substances, and equal employment opportunities); pay all local, state and federal taxes; and pay all benefits, insurance, taxes and contributions for Social Security and Unemployment Insurance which are measured by wages, salaries or other remuneration paid to Contractor's employees. Contractor shall be liable for all violations of such laws and regulations in connection with the Contractor’s obligations on this Project. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Construction Services Agreement – Innovative Playgrounds Co., Inc.

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Code and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a Charter city are a part of this Agreement to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents (hereinafter “City”) free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

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

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

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

1.5.4 Prevailing Wage Requirements. This Project is a public work in the State of California, which may be funded in whole or in part with public funds. Therefore, the Construction Services Agreement – Innovative Playgrounds Co., Inc.

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

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

1.5.6 Certified Payrolls. Pursuant to California Labor Code Section 1776, Contractor shall keep weekly payroll records, which shall be certified under penalty of perjury to record the proper payment of prevailing wages for this Project. City shall accept computer printouts (which are then certified) in lieu of the standard form as long as the computer printout provides all of the same information as required on the certified payroll form. Failure of Construction Services Agreement – Innovative Playgrounds Co., Inc.

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Contractor to provide the certified payrolls within ten (10) days of a written deficiency notice from the City shall result in a penalty of Twenty-Five Dollars ($25.00) per day per worker for each day of violation. City maintains the right to withhold any and all funds due the Contractor and/or his/her subcontractors in the event that certified payrolls are not maintained and provided to the City upon request.

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

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

The City, as permittee, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency and private citizens. The City may assess the Contractor a penalty of One thousand Dollars ($1,000.00) for each calendar day that the Contractor has not fully implemented the BMPs specified for the contract and/or is otherwise in noncompliance with these provisions. In addition, the City will deduct, from the final payment due the contractor, the total amount of any fines levied on the City, plus Construction Services Agreement – Innovative Playgrounds Co., Inc.

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legal and staff costs, as a result of the Contractor’s lack of compliance with these provisions and/or less than complete implementation of the specified BMPs.

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

1.6 Key Personnel.

1.6.1 Contractor’s Representative. Contractor hereby designates Alvino Larios, President of Contractor as Contractor’s Representative, who shall be deemed to be Contractor’s agent with express authority to bind Contractor with respect to all matters requiring Contractor’s approval or authorization.

1.6.2 City’s Representative. City hereby designates Turmel Woods, Grants Compliance Manager or his/her designee as City’s Representative for this Project.

1.7 Independent Contractor.

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

Contractor shall obtain no rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees. Contractor expressly waives any claim to such rights.

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

1.8 Permits.

Contractor understands and assumes all risk and sole responsibility, without any Construction Services Agreement – Innovative Playgrounds Co., Inc.

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adjustment to the Contract Price or Contract Time, for obtaining all permits, licenses and approvals that may be necessary for the Project to be completely constructed and ready for acceptance or occupancy by City.

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

2.0 SCOPE OF SERVICES

2.1 It is the mutual understanding of the Parties that all construction services to be performed hereunder shall be performed pursuant to the fee schedule, scope of work, City’s Representative, and other requirements contained in the Contract Documents. Contractor agrees to provide and furnish all necessary professionals, managers, supervisors, staff, equipment, materials, supplies, manufactured articles, laborers, necessary tools, expendable equipment, all utility, transportation and services, including fuel, power, and essential communications and other facilities required for fulfillment of this Contract to complete the following Work:

LUEDERS PARK
 Supply Burke Play Equipment, includes “Nucleus Series” Units for 2-5 age group and 5-12 age group with Custom Giant Burke Chair and 6,885 sq.ft of 3.5” Thick Pour in Place foundation surfacing

3.0 CONTRACT PRICE

3.1 Total Compensation.

As full and complete compensation for the faithful performance of all of the Work hereunder performed by Contractor in accordance with the Contract Documents, City shall pay, and Contractor agrees to accept, a not-to-exceed maximum sum of Six Hundred Ninety-Seven Thousand Five Hundred Seventeen Dollars and Thirty-Three Cents ($697,517.33). (“Contract Price”), subject to adjustments for changes in the Work as may be agreed to in writing by the City and Contractor.

3.3 Payments.

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

Contractor shall be reimbursed in accordance with the provisions of California Public Contract Code, Section 20104.50, upon receipt by the City of itemized invoices for services completed. City will verify the accuracy of the request, correct the charges where appropriate and make payment to the Contractor in an amount equal to the amount of such Construction Services Agreement – Innovative Playgrounds Co., Inc.

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

3.4 Contractor’s Warranty of Contract Price.

Contractor warrants and represents that the Contract Price, includes without Limitation: (i) all overhead, general and administrative expenses, including without limitation, both on-site and off-site direct job expenses and home office overhead for the Project and all fees and assessments for building and other permits for which Contractor is responsible, licenses and inspections required for the Project, and (ii) includes and assumes that from time to time Contractor will encounter delays, difficult conditions arising from limited access to work areas or other interferences for which responsibility is not otherwise attributable to Contractor and unforeseen conditions at the Site not constituting differing site conditions. Except as otherwise provided in the Contract Documents, Contractor assumes full responsibility for its examination, investigation and understanding of such delays and difficulties which may be encountered, and shall be deemed to have included in its Contract Price a sum to cover the cost and expense associated therewith.

4.0 TIME

4.1 Time of Essence.

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

4.2 Commencement.

4.2.1 Construction Services. Contractor agrees to commence the Work provided for herein within ten (10) calendar days after receipt of the Notification to Proceed or as otherwise agreed in writing with the Director of his/her designee, and continue in a diligent, professional and worker-like manner as directed by the City without interruption until the work is completed or within a total of sixty (60) working days (this period is inclusive of time to procure needed materials, mobilization, etc.), whichever occurs first, unless this Agreement is extended, suspended or terminated as provided herein.
.a Notwithstanding any other provisions of this Contract, Contractor shall not be obligated to perform any work and the City shall not be obligated to accept or pay for any work performed by the Contractor prior to issuance of a Notice to Proceed. The City’s knowledge of work being performed prior to issuance of the Notice to Proceed shall not obligate the City to accept or pay for such work. Contractor shall provide all required contract bonds and evidences of insurance prior to commencing work pursuant to this Contract.

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4.3 Extensions.

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

4.4 Compensation for Delay.

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

5.0 CONSTRUCTION PHASE

5.1 General.

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

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

5.2 Supervision of Work.

Contractor shall supervise and direct the Work, using Contractor’s best skill and attention. Contractor shall be solely responsible for and have control over all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work.

5.3 Permits, Approvals, Licenses and Notices.

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

5.4 Safety.

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

5.4.2 Contractor shall seek to avoid injury, loss or damage to persons or property by taking reasonable steps to protect:
.a Employees and all other persons at the Site;
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locations for use in performance of the Work; and
.c The Project and all property located at the Site, whether or not said property or structures are part of the Project or involved in the Work.

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

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

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

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

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

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5.5 Substitutions.

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

5.6 Trade Contractors.

5.6.1 If applicable, Contractor shall employ only Trade Contractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Each Trade Contractor, of every tier, shall be fully bound to the Contract Documents in the same manner as Contractor is bound to City for all the requirements of the Contract Documents to the extent applicable to the Trade Contractor’s portion of the Work.

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

5.7 Separate Contractors.

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

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

6.0 ACCOUNTING RECORDS

6.1 Access.

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

Contractor shall allow, and shall include in its contracts with its Trade Contractors, provisions requiring its Trade Contractors to allow, City or its authorized representative(s) and accountants, within twenty-four (24) hours after requested by City, to Construction Services Agreement – Innovative Playgrounds Co., Inc.

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

6.2 Enforcement.

Contractor hereby consents and agrees that any failure by Contractor to provide access to records as provided in this Article 6.0 shall be specifically enforceable by issuance of a preliminary and/or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony, to compel Contractor to permit access, inspection, audit and/or reproduction of the records or to require delivery of the records to City for inspection, audit and/or reproduction.

7.0 INDEMNITY

7.1 Indemnity.

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

Contractor shall pay City for any costs incurred in enforcing the defense and/or indemnity obligations under this provision. Nothing in this Section 7.1 shall be construed to give rise to any implied right of indemnity in favor of Contractor against the City.

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

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

8.0 INSURANCE

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

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

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

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

8.2.1 Commercial General Liability. Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01 11 88, with minimum limits of at least One Million Dollars ($1,000,000.00) per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit. Defense costs shall be paid in addition to the limits. Products and completed operations coverage shall be maintained for a minimum of two years after completion of the Work.
.a The policy shall contain no endorsements or provisions limiting coverage for (1) explosion, collapse or underground hazard (XCU); (2) products and completed operations; (3) contractual liability; (4) third party action over claims; (5) cross liability exclusion for claims or suits by one insured against another; or (6) contain any exclusions contrary to the Contract.

8.2.2 Automobile Liability. Automobile Liability Insurance with Construction Services Agreement – Innovative Playgrounds Co., Inc.

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

Independent Contractors may not be able to purchase a Business Automobile policy and consideration may be given to accepting a Personal Automobile Liability policy. Requirements should stipulate "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident.”

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

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

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

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

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

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.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.

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

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

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

Failure of the Contractor to provide proof of the above-required insurance coverage, and any renewal thereof, to the City shall not negate or eliminate Contractor’s requirement to in fact obtain and maintain the insurance coverages required by this Agreement.

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

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

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

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9.0 CERTIFICATIONS

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

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

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

11.0 DEFAULT AND TERMINATION

11.1 Default by Contractor.

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

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

11.2 City's Rights and Remedies Upon Default.

11.2.1 Remedies Upon Default. In the event that Contractor fails to cure any breach of this Agreement within the time periods set forth above, then City may pursue any remedies available under law or equity, including, without limitation, the following:
.a Delete Certain Services. City may, without terminating this Agreement, delete certain portions of the Work, reserving to itself all rights to recover losses related thereto.
.b Perform and Withhold. City may, without terminating this Agreement, engage others to perform the Work or portion of the Work that has not been performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to recover losses related thereto. .c Suspend this Agreement. City may, without terminating this Agreement and reserving to itself all rights to recover losses related thereto, suspend all or any portion of this Agreement for as long a period of time as City determines, in its sole discretion, Construction Services Agreement – Innovative Playgrounds Co., Inc.

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appropriate, in which event City shall have no obligation to adjust the Contract Price or Contract Time, and shall have no liability to Contractor for adjustment to the Contract Price, Contract Time, or for losses, if City directs Contractor to resume Work. .d Terminate this Agreement. City may terminate all or any part of this Agreement for cause according to the notice provisions set forth in this Agreement, reserving to itself all rights to recover losses related thereto.

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

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

11.2.4 Contractor Obligations. Upon receipt of a notice of termination for default, Contractor shall, unless the notice states otherwise, perform each of the obligations set forth in Paragraph 11.4.1, below.

11.2.5 Damages to City.
.a Reservation of Remedies. City will be entitled to all damages available under the law, and all rights in equity, in the event of Contractor's breach of this Agreement or the other Contract Documents.
.b Deductions. If City suffers a loss due to Contractor's nonperformance, then such loss shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Contractor or its designee upon completion of the Project. If the loss incurred by City exceeds the amount withheld, Contractor shall be liable to City for the difference and shall promptly remit same to City.
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for cause, all monies due Contractor or retained under the terms of the Contract Documents shall be forfeited to City. Such forfeiture shall not release Contractor from liability for failure to fulfill this Agreement. Contractor will be credited with the amount of monies forfeited toward any greater sum they may be liable for in connection with Contractor's default.

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

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

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

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

11.4.1 Contractor Obligations. Upon receipt of notice of termination without cause, Contractor shall, unless the notice directs otherwise, do the following:
.a Immediately discontinue performance to the extent specified in the notice;
.b Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of its obligations as is not discontinued;
Construction Services Agreement – Innovative Playgrounds Co., Inc.

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.c Provide to City a description, in writing no later than two (2) business days after receipt of the notice of termination, complete copies of all subcontracts, purchase orders and contracts that are outstanding, including any change orders, amendments and modifications thereto, status of payments and balance owing, the status of performance and claims by Trade Contractors, together with such other information as City may determine necessary in order to decide whether to accept assignment of, or request Contractor to terminate the subcontract, purchase order or contract;
.d Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and .e Thereafter continue only such performance as may be necessary to preserve and protect work already completed or in progress and to protect materials and equipment on the Site or in transit thereto.

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

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

11.5 Contractor's Rights and Remedies.

11.5.1 Contractor's Remedies. Contractor may terminate this Agreement for cause only upon the occurrence of one of the following:
.a The work is stopped for one hundred sixty (160) consecutive days, through no act or fault of Contractor, any Trade Contractor, of any tier, or any employee or agent of any of them, due to issuance of an order of a court or other governmental authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable.

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.b City fails to make payment of sums that are not in good faith disputed by City and fails to cure such default within (i) ninety (90) days after receipt of notice from Contractor notifying City of the default; and (ii) an additional thirty (30) days notice to City notifying it of its intention to terminate this Agreement.

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

12.0 MISCELLANEOUS PROVISIONS

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

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

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

Construction Services Agreement – Innovative Playgrounds Co., Inc.

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12.4 Waiver of Jury Trial. Contractor voluntarily waives its right to a jury trial of any cause of action, claim, counter-claim or cross-complaint in any action, proceeding or hearing on any matter whatsoever arising out of, or in any way connected with, this Agreement, the relationship between City and Contractor, Contractor’s performance on the Project, or the enforcement of any remedy under any law, statute or regulation now or hereafter in effect.

Contractor shall include this provision for waiver of jury trial right in its contracts with its Trade Contractors who provide work to the Project, waiving the right of a jury trial in any action involving City as a party, whether by joinder, consolidation, counter-claim, cross-complaint or otherwise.

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

12.6 Successors and Assigns. This Agreement shall be binding on successors, assigns and legal representatives of and persons in privity of contract with City or Contractor.

Contractor shall not assign, sublet or transfer an interest in this Agreement without advance written approval of City. Assignment, subletting or transfer will not release Contractor from any of its obligations to City.

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

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

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

12.10 Copyrights. No report, maps, or other documents produced in whole or in part this Contract shall be the subject of an application for copyright by or on behalf of the Construction Services Agreement – Innovative Playgrounds Co., Inc.

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Contractor. All documents become the property of the City who holds all the rights to said data.

12.11 Confidentiality of Reports. The Contractor shall keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder.

Such information shall not be made available to any person, firm, corporation or entity without the prior written consent of the City.

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

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

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

12.15 Federal and State Withholding Taxes. Contractor shall be responsible for paying when due all federal and state income withholding taxes for all earning under this Agreement. Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision.

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

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

13.0 NOTICES

13.1 Delivery. All notices, demands or requests to be given under this Agreement shall be given in writing and conclusively shall be deemed received when:
(a) delivered personally, or (b) on the fifth (5th) day after the deposit thereof in the United States Construction Services Agreement – Innovative Playgrounds Co., Inc.

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mail, postage prepaid, and addressed as hereinafter provided, or (c) one (1) business day after send by facsimile transmission.

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

City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Turmel Woods, Grants Compliance Manager
(310) 605-5580
All notices, demands or requests from City to Contractor shall be addressed to:

Innovative Playgrounds Co., Inc.
12407 E Slauson Ave, Unit D
Whittier, California 90606
Attn: Alvino Larios, President
(562) 693-5200 - Phone

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

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

INNOVATIVE PLAYGROUNDS CO., INC.

CONTRACTOR
Dated: ________________ By ____________________________________ Alvino Larios, President
Approved by:

Dated: ________________ By ____________________________________ Willie A. Hopkins, Jr. City Manager
Construction Services Agreement – Innovative Playgrounds Co., Inc.

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Approved as to form:

By ______________________________________ Dated: ____________________ Legal Division
ATTEST:

Dated: _________________ By ____________________________________ Satra D. Zurita, City Clerk
March 25, 2025
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO AMEND THE GRANTS
MANAGEMENT DEPARTMENTS’ 2024-2025 FISCAL YEAR BUDGET
AND APPROPRIATE FUNDS WITHIN THE FY2020 COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) FUND AND ISSUE A

PURCHASE ORDER TO CREATIVE BUS SALES IN THE AMOUNT OF
($272,304.96) FOR THE PURCHASE OF TWO (2) GAS FUELED BUSES

FOR THE DIAL-A-RIDE PROGRAM

SUMMARY
Adoption of the attached resolution will authorize the City Manager to amend the Grants Management Department Fiscal Year 2024-2025 budget to appropriate Two Hundred Seventy-Two Thousand Three Hundred Four Dollars and Ninety-Six Cents ($272,304.96) in funds within the FY 2020 CDBG Fund and issue a purchase order to Creative Bus Sales in the amount for the purchase of two (2) gas fueled buses for the Dial-A-Ride Program

BACKGROUND
The City of Compton operates a Dial-A-Ride Program that provides public transportation services for the residents and riders who reside or visit the City.

Dial-A-Ride Program
The Dial-A-Ride Program is designed for seniors 55 years and older and persons with disabilities who reside within the City. This program is designed to offer curb-to-curb transportation services to seniors and disabled persons anywhere within the City boundaries and to satellite points outside of the City, including Kaiser Bellflower, Downey and Harbor General, Martin Luther King, Jr., and St. Francis Hospitals.

The City currently operates two (2) Dial-A-Ride buses. Based on the current rideshare activity, the City’s existing fleet is inadequate to meet the demands of the transportation services being requested. Therefore, staff is requesting to purchase 2 additional buses to add to the fleet.

4. Staff Report – Resolution Amending FY 2024-25 Budget Issue Purchase Order to Creative Bus Sales
Purchase 2 Buses for Dial – A-Ride Program
March 25, 2025, page 2

STATEMENT OF ISSUE
In February 2025, City staff received proposals from Creative Bus Sales to obtain two (2) Starcraft Bus – Class C (GM 45000) ADA buses for 16-passengers + 2 wheelchair passengers at a total cost of $272,304.96 (see the attached proposals provided by Creative Bus Sales). Staff anticipates delivery of the vehicles within 45 days after receipt of the order from the City.

Creative Bus Sales was awarded a contract through the California Association for Coordinated Transportation (CalACT)/Morongo Basin Transit Authority (MBTA). The City is a member agency of the CalACT/MBTA, which is a statewide association of small, rural, and specialized transportation providers.

As a component of promoting collaboration and exchange among smaller transit agencies, CalACT provides opportunities for small agencies to “piggyback” off of existing procurement contracts to purchase vehicles and equipment.

Under this existing purchase contract, the City is able to select the appropriate vehicles for its operation, customize them as desired, and purchase them utilizing a price that has been previously bid consistent with governmental purchasing guidelines. As these contracts are bid on a larger scale, this would enable the City to obtain competitive pricing that might not otherwise have been available.

FISCAL IMPACT
The total cost for Fiscal Year 2024-2025 is $272,304.96. A budget amendment is being requested for the funds for these expenditures to be made available in the Grants Department’s 2024-2025 fiscal year budget. Specifically, the following budget amendment is being requested:

Increase in revenue appropriations in:

Account Code Account Name Amount
2800-540-J93-3583 CDBG, FY20 Grant year $272,304.96
HUD Revenue account
And, Increase in expenditure appropriations in:

Account Code Account Name Amount
2800-540-J93-4300 CDBG, FY20 Grant year, $272,304.96
Capital outlay account
Staff Report – Resolution Amending FY 2024-25 Budget
Issue Purchase Order to Creative Bus Sales
Purchase 2 Buses for Dial – A-Ride Program
March 25, 2025, page 3
If approved, then funds will be available in the CDBG account number 2800-540-J93- 4300. As a CDBG qualifying project, the City of Compton will be reimbursed, for the expenses related to purchasing two (2) senior buses from Creative Bus Sales, as claims are filed with HUD.

ALTERNATIVE
No alternative proposed.

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

TURMEL WOODS

COMPLAINCE GRANTS MANAGER

APPROVED FOR FORWARDING
WIILLIE A. HOPKINS JR.

CITY MANAGER
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO AMEND THE GRANTS MANAGEMENT DEPARTMENTS’ 2024-2025 FISCAL YEAR BUDGET AND APPROPRIATE FUNDS WITHIN THE FY2020

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND AND ISSUE A PURCHASE ORDER TO CREATIVE BUS SALES IN THE AMOUNT OF ($272,304.96) FOR THE PURCHASE OF TWO (2) GAS FUELED BUSES FOR THE DIAL-A-RIDE

PROGRAM
WHEREAS, the City of Compton operates a Dial-A-Ride Program provides public transportation services for the senior residents and riders who reside or visit the City; and WHEREAS, the Dial-A-Ride Program is designed for seniors 55 years and older and persons with disabilities who reside within the City and this program is design to offer curbto-curb transportation services to seniors and disabled persons anywhere within the City of Compton boundaries and to satellite points outside of the City including Kaiser Bellflower, Downey and Harbor General, Martin Luther King, Jr., and St. Francis Hospitals; and WHEREAS, the City currently operates two (2) Dial-A-Ride buses; however, based on the current rideshare activity, the City’s existing fleet is inadequate to meet the demands of the transportation services being requested and therefore staff is recommending the purchase of two (2) additional buses for the fleet; and WHEREAS, in February 2025, City staff received proposals from Creative Bus Sales to obtain two Starcraft Bus – Class C (GM 45000) ADA buses for 16-passengers + 2 wheelchair passengers at a total cost of $272,304.96; and
WHEREAS, Creative Sales was awarded a contract through the California Association for Coordinated Transportation (CalACT)/Morongo Basin Transit Authority (MBTA), of which the City is a member agency; and
WHEREAS, the CalACT/MBTA which is a statewide association of small, rural, and specialized transportation providers and as a component of promoting collaboration and exchange among smaller transit agencies, CalACT provides opportunities for small agencies to “piggyback” off of existing procurement contracts to purchase vehicles and equipment; and
WHEREAS, under this existing purchase contract, the City is able to select the appropriate vehicles for its operation, customize them as desired, and purchase them utilizing a price that has been previously bid consistent with governmental purchasing guidelines and as these contracts are bid on a larger scale, this would enable the City to obtain competitive pricing that might not otherwise have been available; and WHEREAS, the total cost for Fiscal Year 2024-2025 is $272,304.96. A budget amendment is being requested for the funds for these expenditures to be made available in the Grants Department’s 2024-2025 fiscal year budget. Specifically, the following budget amendment is being requested:

Increase in revenue appropriations in:

Account Code Account Name Amount
2800-540-J93-3583 CDBG, FY20 Grant year $272,304.96
HUD Revenue account
And, Increase in expenditure appropriations in:

Account Code Account Name Amount
2800-540-J93-4300 CDBG, FY20 Grant year, $272,304.96
Capital outlay account
.

Resolution No. _________

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

SECTION 1. That the Grants Management Department 2024-2025 Fiscal Year budget shall be amended and appropriate funds as follows:

Increase in revenue appropriations in:

Account Code Account Name Amount
2800-540-J93-3583 CDBG, FY20 Grant year $272,304.96
HUD Revenue account
And, Increase in expenditure appropriations in:

Account Code Account Name Amount
2800-540-J93-4300 CDBG, FY20 Grant year, $272,304.96
Capital outlay account
SECTION 2. That a purchase order is authorized to be established for Creative Bus Sales in the amount of Two Hundred Seventy-Two Thousand Three Hundred Four Dollars and Ninety-Six Cents ($272,304.96) for procurement of two (2) gas filled buses for the DialA- Ride program from expenditure Account No. 2800-540-J93-4300.

SECTION 3. That a certified copy of this Resolution shall be filed in the offices of the City Clerk, City Manager, City Controller and Grants Management Department.

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

ADOPTED this ______ day of ______________, 2025.
________________________________

EMMA SHARIF

MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
SATRA D. ZURITA

CITY CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Satra D. Zurita, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor, and attested by the City Clerk at a regular meeting thereof held on the _______ day of ________________, 2025.

Resolution No. __________

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

AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSENT: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERS- ___________________________________
SATRA D. ZURITA

CITY CLERK OF THE CITY OF COMPTON
Vehicle Type: Date:

Contact: Lift Info:

Agency: Seat Material Level:

Address: Seat Color:

City, State, Zip: Flooring and Color:

Phone: Salesperson:

E-Mail: Salesperson Cell:

Delivery: Salesperson E-Mail:

Quantity: Price Ext. Price ADA
1 $118,783.00 $118,783.00 $11,790.00
.
1 $327.00 $327.00 $327.00
1 $872.00 $872.00
.
1 $2,000.00 $2,000.00
1 Bluetooth Radio to be added inlieu of Standard No Charge No Charge 1 $750.00 $750.00
.
. Class C - Base Price $118,783.00
. Published Options $1,199.00
. Non-Published Options $2,750.00
. Total $122,732.00 $12,117.00
. Doc Prep Fee $85.00
. The Non-Taxable Amount is the ADA Equipment in the Base and Added as Options Non-Taxable $12,117.00 . The Taxable Amount Includes the Mobility Rebate of $1,000.00 For Ford Chassis Taxable Amount $111,700.00 . 349 Tax Total $11,449.25 10.250%
. Sub-Total $134,266.25
. CalACT Fee $1,840.98
. DMV E-File Fee: $33.00
. DMV Fee $0.00 (Estimated)
. Tire Fee $12.25
. Total $136,152.48
. Number of Units 2
. Final Total $272,304.96
Walker Storage Rack
Graphics Allowance
123 - Delivery Zone 1
Non-Published Options
[email protected] 909-241-0424
Within 45 days of PO [email protected]
Description
CalACT MBTA RFP #20-01 - Class C - Quote Sheet (Rev 2024) Class C - Starcraft Bus (Allstar) 3/6/2025
Level 5 Docket 90
205 S Willowbrook Ave. Grey
City of Compton
Turmel Woods
Compton, CA 90220 Black
310.761.1406 Jon Fink
42 - Lift Pad Cover
Starcraft Bus - Class C - (GM 4500)
Published Options
Purchasing of vehicles requires a CALACT membership, letter of assignment, and payment of procurement fee. If you have any questions, please contact CALACT direct at 916-920-8018 Braun Front Rear
Class C 1 OF 1 3/7/2025
I
~I ~, I
--------------------------------~312+1-------------------------------~ ~Lt- I ;p,-,/3

DEALER APPROVAL
0 APPROVED

CUSTOMER SIGNATURE
~ -RETRACTOR LOCATIONS
NOTE: SHOWN V\/ITH MID HI fREEDMAN SEATS
4500 14,200 GWJR ✓
THIS FLOOR PLAN IS FOR ILLUSTRATION PURPOSES ONLY.

A VVIEIGHT ANALYSIS HAS NOT YET BEEN PERFORMED.

FINAL APPROVAL VVITH A \/\/EIGHT ANALYSIS IS REQUIRED UPON RECEIPT OF A COMPLETED ORDER V\/ITH ALL OPTIONS SHOWN.

OPTIONAL EQUIPMENT MAY BE SHOWN.

THE SALES ORDER PLACED DICTATES ACTUAL OPTION CONTENT.
48 (48-54)
QRT 360
SCALE

IN INCHES
l---+----------------------------1----+---l----4-------I TOLERANCE UNLESS OTHERV\JISE SPECIFIED

WOOD OTHER
TITLE:
16/2 W/C PASS. 177" WB
MODEL25

THIS DRAWING AND THE INFORMATION THEREON ARE THE
EXCLUSIVE PROPERTY OF FOREST RIVER BUS. A DIVISION OF
FOREST RIVER. IT SHALL NOT BE COPIED OR DUPLICATED IN
ANY MANNER. NOR SHALL IT BE SUBMITTED TO OUTSIDE

PARTIES FOR EXAMINATION WITHOUT OUR WRITTEN
CONCENT. IT IS LOANED FOR USE WITH REFERENCE TO
WORK UNDER CONTRACT WITH. OR PROPOSALS SUBMITTED
TO FOREST RIVER BUS. A DIVISION OF FOREST RIVER.
.:!:_ 1/8'' :_ 1/16" FOREST R!VERBUS NAME CR DATE D6/2D/23 REV.

LET. DESCRIPTION OF CHANGE BY CHK DATE ECN No. D'vVG. No. 16 2 WC 177 199-2 FRB ><
1 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
ST 99 1
1 ST 99 1
ST 99 1
1 05 STD 1
1 05 STD 1
05 STD 1
05 STD 1
05 2289 1
05 2238 1
1 Altro Meta Storm 05 2248 1
05 8820 3
ST 99 1
1 NOTE 1
1 05 2340 1
05 2623 1
05 99 1
05 2670 1
05 8004 1
05 8606 1
ST 99 1
ST 99 1
NOTE 1
1 1
ST 99 1
ST 99 1
1 05 99 1
1 ST 99 1

GENERIC PARTS MANUAL ON FLASH DRIVE

SPECIAL INSTRUCTIONS OR NOTES
If Driver Switch Panel is on Engine Cover, Then a Quick Disconnect is Required Use 250 lbs Per Wheelchair Position
Install Dome Light With Every Row of Seats, Including WC Position, Must Ground to First Step Height Shall Not Exceed 12.5" Unloaded Cove Colored Flooring on Sidewall to Seat Track

SIDEWALL / REARWALL / CEILING

ELECTRICAL SYSTEM

WARRANTY
Intermotive Flex Tech Electrical System
Rearwall: Grey Seaspray Fabric
Driver Area: Grey Padded Vinyl
Hot Water Heater, 40K BTU 3 Speed
FRP on Ceiling, Grey

FLOORING - WHITE NOSING IS STANDARD

EXTERIOR
5/8", 7 Ply AC Marine Grade APA Plywood Floor
Romeo Rim Rear Bumper w/HawkEye RAS Installed

ENVIRONMENTAL CONTROL

TRANS/AIR AIR CONDITIONING SYSTEMS

HEATERS

MISCELLANEOUS
Dealer to Weigh Each Bus on California Certified Scale
TRANS AIR TA733 SUPER 75,000 BTU, TA73 EVAP, SMC3L COND, 13 CID COMP 6.6L GAS
USE #16 SUCTION HOSE IN A/C SYSTEM
Headlight Aiming Certificate - Ship with Bus
Front Mud Flap (1), Passenger Side Only (to be used with Running Board) - NOT

AVAILABLE ON FORD TRANSIT
5 YEAR INSTALLATION & ADHESION WARRANTY ON FLOORING
5 YEAR / 100,000 MILE LIMITED WARRANTY

CHASSIS
Parts Book, Operating Instructions, Troubleshooting Guide, Inspection & No Tow Vehicle Allowed During Delivery
Operations Manual - Covering Conversion Features as Listed Parts Manual with As-built Electrical Schematics
Water Test Certificate - Ship with Bus
Driveline Metal Guards for Each Section of Shaft
Valve Stem Extender Inner Dual Rear Wheel, pair
Spare Tire and Wheel - Ford E-Series & Chevy Chassis
Undercoat Metal Skirts
Sidewall: Grey FRP
Heavy Duty Anti-Slip Aluminum Running Board on Driver Side (Large) (NOT

AVAILABLE ON FORD TRANSIT)
Dealer to Perform 4-Wheel Alignment in California
Yellow Step Nosing - Per Step
Exterior Mirror Set Remote/Heated w/External LED Strip Turn Signal Chevy Driver Entry Grab Steel Reinforced Plastic - Nutsert Install 14 Gauge Galvanized Steel Wheelwells
Add 2nd Heater Line Brass 1/4 Turn Valve
ALLSTAR - CHEVROLET 14,200 GVW 1
Allstar 25 177" WB 6.6L Gas Engine ST 93193 1
GM Starcraft Allstar Standard CalACT Options
05 20090 1
1 Stainless Batt.Tray w/Std Batt.Box IS 304 REQUIRED? YES 05 2784 1 05 2869 1
05 8790 1
05 22101 1
ST 99 1
STD 1
ST 99 1
ST 99 1
ST 99 1
ST 99 1
ST 99 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
1 05 STD 1
05 20136 1
05 20138 1
05 20139 1
1 05 8041 2
1 NOTE 1
05 8822 1
1 1
05 20163 1
05 2063 1
05 8133 1
05 20187 1
NOTE 1
ST 99 1
1 05 8769 1
1 05 20192 1
NOTE 1
1 05 20206 1
IS THE LIFT IN THE FRONT OR REAR OF THE UNIT? 1
ST 99 1
1 05 8744 1
1 05 2531 1
1 05 8826 2
05 20250 8

PARATRANSIT OPTIONS
Independent RED Brake & AMBER Turn Signal Lights
Exterior Passenger Entrance Door Key

DOORS / HATCH / WINDOWS
Driver Coat Hook
Rotary Disconnect Switch
Wiring Diagram "AS BUILT" ON USB Flash Drive

INTERIOR

STREET SIDE REAR
Laminated Wiring Schematic ***AS BUILT*** ON ELECTRICAL PANEL DOOR

ELECTRICAL
No Butt Connectors Allowed
Fast Idle: 1500 RPM on Gas - Fast Idle to Engage if Voltage Drops Below 12.5 Wiring Harnesses Supported Every 24" Maximum
Silicone Heater Hose (for rear unit) w/full ring clamps Stainless Steel Battery Tray Slides ILO Zinc Plated Slides - Extra Charge LED Rear Center Mount Brake Light, Rectangular
Additional Interior LED Dome Lamp - Each
All Harnesses Secured to Frame at Maximum of 24"

EXTERIOR LIGHTS
4 Speakers with Wire to Chassis OEM Radio (if supplied) Surface Mount LED Entry Door Exterior Light - STD Choose Optional Below or Special builds LED Mid-Ship Turn / Marker Lights
Electric Entry Door is Standard. Add Option #2056 if Manual is Desired Passenger Door 36" ROUGH OPENING (STANDARD)

INTERIOR LIGHTS

AUDIO / VISUAL

CHEVY OEM RADIO ORDERED ON CHASSIS
Solid Window(s) EACH Replace T-Slide(s) Enter Specific Instructions in Row Below

BRAUN LIFTS
Q5-7580-4 18" Blue Webbing Loop (each)
Build Front Driver Storage Compartment as Large as Possible, For Storage of Tiedown Belts / Straps
LIFT FAST IDLE WITH 403 INTERLOCK
Driver Storage in Cab Overhead with Lock
INTERMOTIVE Gateway 605-F Fast Idle with Lift Interlock GM Gas Q Straint W.C. Securement Kits, Accessories
Braun Century NCL917-2 800# Lift (33"x51")
Passenger Door Electric (standard)

LUGGAGE RACK / STORAGE
Q10007 - 4 QRT 360 Retractr Tie Down L track & Q8-6326-A1 Comb-Lap/Shldr Double W/C Doors w/ Windows, LED Interior Light, Leaf Spring, LED Exterior Lighting Install Battery Cable Wiring Diagram Inside Battery Access Door (3) GROUND WIRES TO BE ZERO OUGHT GAUGE, TO BE CONTINUOUS WITHOUT SPLICES AND INSTALLED AS (1) BETWEEN THE ENGINE AND THE OEM FRAME, (1) BETWEEN THE CUTAWAY BODY FRAME AND THE OEM FRAME AND (1) BETWEEN THE LIFT PUMP HOUSING AND THE SIDE BATTERY.

Interlock on Entry Door - Must Be in Park to Operate
Stainless Steel Battery Hold-Down Hardware

KEYED LOCK ILO THUMB LATCH FOR ELECTRICAL CENTER DOOR
Intermotive Break Out Box
P-Clamps Added as Deemed Necessary by MBTA Inspector
Batteries Must Be Same Type (No Mismatch) (1 In Tray - 1 Underhood) Continuous Run Battery Cables
All Excessories Except Lights, WC Lift & Mobile Radio (If Equipped) Are Ignition Hot ENTRY DOOR HEADER ACCESS PANEL DOOR MUST BE HINGED WITH 2

THUMB LATCHES
Dual Handles on WC Lift Doors
05 20251 1
05 8179 1
1 05 8104 1
05 20257 1
NOTE 1
1 05 8089 1
05 8090 1
05 20264 1
05 8091 1
05 2880 1
05 STD 1
05 20276 1
05 8155 3
05 8802 1
ST 99 1
ST 99 1
NOTE 1
1 05 99 1
STD 1
05 8130 1
STD 1
05 20301 1
Add Tinted Plexiglass Upper Panel LOCATION: DRIVER 05 8146 1 ST 99 1
ST 99 2
NOTE 1
NOTE 1
1 05 99 1
1 05 2043 1
1 1
05 8067 8
1 05 2074 16
1 Anti-Vandal Grab Handle, Black Ea on: 05 2311 16
Black US Armrest - Each - on: 05 2077 8
05 2884 16
1 ST 99 1
ST NOTE 1
ST NOTE 1
ST NOTE 1
1 05 2282 16
05 8771 2
Q-Straint Belt Cutter (ship loose)

SAFETY OPTIONS
Tool Box Wheelchair Belt Storage
16 Unit First Aid Kit
Body Fluid Kit
Priority Seating Sign **Required for ADA Compliance**
Q5-6327 84" Postural Belt with Padding - Black Webbing
Stanchion and Modesty Panel Behind Driver
Left Hand Entry Vertical Grab Rail - 1 1/4"
Yellow "Standee" Line
5 Lb Fire Extinguisher
Install Toolbox Next to Lift if Space Allows

SEAT BELTS
Flame Block Material on Underside of Seat (each)
Ceiling Grab Rail - Install on Both Sides
304SS Required for Entry Grabs and Ceiling Grabs
1 1/4" Dual Entry Grab Rails Parallel to Entrance Steps (both sides)

SEAT OPTIONS

GRAB RAIL / STANCHION / PANELS
Stanchion and Modesty Panel at Entry Door

SIDE & REAR EGRESS WINDOWS
Seat Belt, Freedman USR Retractable (Per Person)

SEATING - DRIVER
Emergency Triangle Kit
Back-Up Alarm SAE Type B 107 db(A) Ecco 575
Interior Convex Mirror 6"x9"
Driver Seat Cover - Level 4 Ice Pinstripe; Mor-Care; Leathermate Seat Belt Extension, 12" (P/N 56410) FOR USR SEAT BELTS Seat Track Not Extend More than 6" Past Seats
Floor Track Will Not Be Installed in Any Area not Covered by a Fixed Seat Hip-To-Knee Spacing 27" Minimum
Convex Mirror Must Avoid Sun Visor and Overhead Door

FREEDMAN SHIELD DRIVER SEAT FABRICS

SEATING - PASSENGER

STD RIGID SEATS
SHIELD Sport 2.0 Recliner RH Adjustable LeMans Arm, 2 Way Adjustable Lumbar Ceiling Grab Rails Require Formed Elbows - No End Caps
STANDARD ROSCO STSK4750 BACK-UP CAMERA SYSTEM W/ 7" REARVIEW

MONITOR / MIRROR COMBO

FREEDMAN SEATING SPECIAL BUILD OPTIONS

PASSENGER SEAT FABRICS
Seat Cover - Level 4 Ice Pinstripe; Mor-Care; Leathermate Miscellaneous Accessories
Red Light Over Emergency Exit Ea: ON:

ALL SEAT EXCEPT AGINST REAR WALL
Upgrade Driver Plexi Barrier: Extend to Within 6" of Ceiling Laminated Modesty Panel, Grey Melamine, Each
Flame Block on Bottom of Driver Seat Cushion (N/A on USSC & Recaro) Decal: Battery Disconnect, Emergency Use Only
Decal: "Heater Shut Off Valve" - Install On Street Side Near Valves Mid High Double Seat